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THE 


ACTS    AND    RESOLVES, 


PUBLIC    AND    PRIVATE, 


Province  of  the  Massachusetts  Bay: 


TO  WUICII  AHE    PREFIXED 


THE  CHARTERS  OF  THE  PROVINCE. 


HISTORICAL  AND  EXPLANATORY  NOTES,  AND  AN  APPENDIX. 


PUBLISnSD  UNDER  CnAITEB  87  OF  THE  RE80I.VR8  OF  TUB  GENERAL  COCRT 
OF  THE  0>MM0NWEA1.T1I   KOU  THE  YEAK  1807. 


Volume   IV. 


BOSTON: 

RAND,   AVERY,  &   CO.,  PRINTERS   TO   THE   COMMONWEALTH, 
117   Fkanklin    Street. 
*  1881. 


ACTS 


Passed     1757  —  58. 


[3] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-fifth  day  of  May,  A.  D.  1757. 


CHAPTEK    1. 

AN  ACT   FOR   ERECTING   THE  DISTRICT   OF  DANVERS  INTO  A  TOWN- 
SHIP BY  THE  NAME  OF  DANVEKS. 

"Whereas,  in  the  twenty-fourth  year  of  his  present  majesty's  reign,  Disallowed  by 
the  village  parish  and  middle  parish,  so  called,  in  the  town  of  Salem,  ciu  Aug?io°""' 
were  erected  into  a  district ;  and,  by  the  act  for  their  incorporation  the}'  ^"^^• 
were  enjoined  to  do  the  duties  that  are  enjoined  on  other  towns  and  jJjT^  ^   -.4 
enjoy  all  the  powers,  priviledges  and  immunities  that  towns  in  this 
province  by  law  enjoy,  except  that  of  seperately  choosing  and  sending 
one  or  more  representatives  to  represent  them  at  the  general  assembly, 
which  exception  has  been  found  burthensome  and  inconvenient, — 
Be  it  therefore  enacted  by  the  Council  and  Ilouse  of  Representatives^ 
That  the  said  district  be  and  hereby  is  erected  into  a  township  by  Danversa 
the  name  of  Danvers,  according  to  the  boundaries  of  said  district ;  and  ^^^  p* 
that   the   inhabitants  of  said  district  be  and  hereby  are  vested  and 
endowed  with  all  the  powers,  priviledges  and  immunities  that  the  inhab- 
itants  of  the  towns  within  this  province  are  or  b}'  law  ought  to  be 
vested  or  endowed  with.     [Passed!  and  published  June  16.* 

"  "With  respect  to  the  following  Act  pass'd  in  June  1757  and  entitled 
An  Act  for  erecting  the  District  of  Danvers  into  a  Township  by  the  name  of 
Danvers, 

We  beg  leave  to  acquaint  Yonr  Lordships  that  the  sole  object  of  it  is,  as  appears 
ty  the  Preamble,  to  give  the  Township  of  Danvers  the  privilege  of  sending  a 
Representative  to  the  General  Assembly:  That  tbis  practice  of  erecting  new  Towns 
and  vesting  them  with  this  privilege,  ha\ing  formerly  by  its  frequency  been  found 
to  produce  many  inconveniences  and  particularly  that  of'continually  increasing  the 
number  of  Representatives,  His  Majesty  was  graciously  pleased,  in  the  year  1743, 
to  give  an  Instruction  to  his  Governor  of  the  Massachusetts  Bay  forbidding  him  to 
give  his  assent  to  any  Act  of  that  nature,  without  a  Clause  therein  inserted,  sus- 
pjending  the  execution  of  such  Act,  until  it  should  receive  His  Majesty's  Approba- 
tion. That  Instruction  has  been  continued  to  Thomas  Pownall  Esq''<=  His  Majesty's 
present  Governor,  and  as  this  Act  has  been  passed  in  contradiction  to  the  said 
Instruction,  We  are  humbly  of  opinion  that  it  should  receive  His  JMaj'y*  disappro- 
bation."—  Report  of  the  Board  of  Trade  to  the  I^ords  qf  (he  Committee  of  the  rrivy 
Council,  July  31, 1759:  "Mass.  Buy,  B.T.,"  vol.  85, p.  11,  in  Public-Record  Office. 

•  Signed  June  9,  according  to  the  record. 

[5] 


Province  Laws. — 1757-58.  [Chap.  2.] 


CHAPTEE   2. 

AN  ACT  FOR  APPORTIONING  AND  ASSESSING  THE  SUM  OF  EIGHTY- 
ONE  THOUSAND  THREE  HUNDRED  EIGIITY-SIX  POUNDS  THIRTEEN 
SHILLINGS  AND  FOURPENCE ;  AND  ALSO  FOR  APPORTIONING  AND 
ASSESSING  A  FURTHER  TAX  OF  THREE  THOUSAND  FIVE  HUN- 
DRED AND  SEVENTY-ONE  POUNDS  FIFTEEN  SHILLINGS,  PAID  THE 
REPRESENTATIVES  FOR  THEIR  SERVICE  AND  ATTENDANCE  IN  THE 
GENERAL  COURT,  AND  FOR  THEIR  TRAVEL,  AND  FOR  FINES  LAID 
UPON  TOWNS  THAT  HAVE  SENT  NO  PERSONS  TO  REPRESENT  THEM 
AT  THE  GENERAL  COURT  THIS  YEAR. 

Whereas  the  great  and  general  court  or  assembly  of  this  province 
1755-56,  chap.  4,  did,  at  tlicir  session  in  May,  one  thousand  seven  hundred  and  fift3'-five, 
\  levy  a  tax  of  fourteen  thousand  pounds  ;   and  in  March,  one  thousand 

§  1^"'  '*^  ^P*  '  seven  hundred  and  fift^'-six,  levy  a  tax  of  six  thousand  and  three  hun- 
1756-57,  chap.  3,  drcd  pouuds  ;  and  at  their  session  in  May  following,  did  levy  a  further 
*_^'  ^  tax  of  thirty-two  thousand  pounds;  and  iu  April  last  did  pass  one 

ii|6.57,chap.37,  Qj^j^gj.  ^^^^  f^j.  levying  a  tax  of  thirteen  thousand  five  hundred  pounds; 
and  by  said  acts  provision  was  made  that  the  general  court,  at  this 
present  session,  might  apportion  the  same  on  the  several  towns,  dis- 
tricts, parishes  and  places  within  the  province,  if  they  thought  fit ;  and 
1757-58,  chap.  3,  whereas,    the   general   court,   at   this   session,    have  levied   a   further 
^^'  tax  of  fifteen  thousand  and  two  hundred  pjunds,  and  a  tax  of  three 

1755-56, chap. 32,  hundred  eiglit3'-six  pounds  thirteen  shillings  and  fourpence  upon  the 
^^'  town  of  Sherburn  on  Nantucket  for  not  sending  twenty-nine  men  into 

the  service,  making,  in  tlie  whole,  eighty-one  thousand  three  hundred 
eighty-six  pounds  thirteen  shillings  and  fourpence  ;  wherefore,  for  the 
ordering,  directing  and  eifectual  drawing  in  the  sum  of  cighty-onc 
thousand  three  hundred  eighty-six  pounds  thirteen  shillings  and  four- 
pence  ;  we,  his  majesty's  most  loyal  and  dutiful  subjects,  the  repre- 
sentatives in  general  court  assembled,  pray  that  it  may  be  enacted, — 

And  be  it  accordingly  enacted  by  the  Council  and  House  of  Repre- 
sentatives^ 

[Sect.  1.]  That  each  town,  district,  parish  cr  place  within  this 
province  be  assessed  and  pay,  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  eighty-one  thousand  three  hundred 
and  cight3'-six  pounds  thirteen  shillings  and  four|)ence,  and  their  rep- 
resentatives' pay  and  fines,  the  sum  of  three  thousand  five  hundred  and 
sevent3'-one  pounds  fifteen  shillings,  the  several  sums  following ;  that 
is  to  say, — 


[1st  Sess.]  Province  Laws.— 1757-58. 


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Province  Laws. — 1757-58. 


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Peovince  Laws. — 1757-58. 


[Chap.  2.] 


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[1st  Sess.]  PiioviNCE  Laws. — 1757-58. 


11 


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Provixce  Laws. — 1757-58. 


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[1st  Sess.]  Province  Laws. — 1757-58.  15 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  treasurer  do  forthwith  send  out  his  warrants,  Rules  for  micb*. 
directed  to  the  selectmen  or  assessors  of  each  town,  district  or  parish,  '"*"^' 
or  other  place  within  this  province  that  are  taxed,  requiring  them, 
respectively,  to  assess  the  sum  hereby  set  upon  such  town,  district, 
parish  or  other  place,  in  manner  following ;  that  is  to  say,  to  assess  all 
rateable  polls  above  tlie  age  of  sixteen  years,  within  their  respective 
towns,  districts,  parishes  or  other  places,  or  next  adjoining  to  them,  be- 
longing to  no  other  town  or  place,  thirteen  shillings  and  sixpence  per 
i:)oll,  and  proportionably  in  assessing  the  additional  sum  received  out 
of  the  treasury  for  the  payment  of  the  representatives  (excepting  the 
governour,  lieutenant-governour  and  thoir  families,  tlie  president,  fel- 
lows, 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  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,  through  age,  infirmity  or  extreme  povertv,  in  the  judgment  of  the 
assessors,  are  not  able  to  pa}'  towards  publick  charges,  they  may 
exempt  their  polls,  or  abate  part  of  what  they  are  set  at,  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, 
districts,  parishes  and  other  places  in  such  county  in  proportion  to  their 
province  rate,  exclusive  of  what  hath  been  paid  out  of  the  publick  treas- 
ury' 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  the  incomes  of  all  estates, 
both  real  and  personal,  lying  within  the  limits  of  such  town,  district, 
parish  or  other  place,  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,  facult}',  business  or  emplo3'ment  whatsoever,  and  all 
profits  which  shall  or  may  arise  by  money  or  commissions  of  profit,  in 
their  improvement  according  to  their  understanding  or  cunning,  one 
penu}'  per  pound  ;  and  to  abate  or  multii)ly  the  same,  if  need  be, 
so  to  make  up  the  sum  set  and  ordered  hereby  for  such  town,  dis- 
trict, parish  or  other  place  to  pay  ;  and,  in  making  their  assessment,  to 
estimate  houses  and  land  at  six  years'  yearly  rent  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  mollatto  servants  pro- 
portionably as  other  personal  estate,  according  to  their  sound  judg- 
ment and  discretion ;  as  also  to  estimate  ever}-  ox  of  four  3'ears  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,  at  three  siiillings  each  :  likewise  requiring  the  said  assessors  to 
make  a  fair  list  of  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  liy  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 


16  Province  Laws.— 1757-58.  [Chap.  2.] 

by  them,  or  the  major  part  of  them,  to  commit  to  the  collectors,  con- 
stable or  constables  of  such  town,  district,  parish  or  other  place,  and 
to  return  a  certificate  of  the  name  or  names  of  such  collector,  con- 
stable 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,  dis- 
trict, parish  or  place,  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  accompts  of  the  whole,  at  or 
before  the  thirty-first  day  of  March  next,  which  will  be  in  the  year 
of  our  Lord  one  thousand  seven  hundred  and  fifty-eight. 
And  be  it  further  enacted, 
Inhabitants  to         [Sect.  5.]     That  the  asscssors  of  each  town,  district,  parish  or  place, 
iist"^f'"hei/"      respectively,  in  convenient  time,  before  their  making  the  assessment,  shall 
polls,  &c.  g-ive  seasonable  warning  to  the  inhabitants,  in  a  town  meeting,  or  by  post- 

ing up  notifications  in  some  place  or  places  in  such  town,  district,  parish 
or  place,  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  and  faculty,  and  gain  by  money  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  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  said 
assessors,  in  bringing  in  a  false  list ;  the  said  fines  to  be  for  the  use  of 
the  poor  of  such  town,  district,  parish  or  place,  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,  district  or  parish  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  the  case  of  being  overrated.  And  if  any  person  or  per- 
sons shall  not  bring  in  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  any  abatement  of  the  assessment 
laid  on  him  or  them. 

[Sect.  6.]  And  if  the  person  be  not  convicted  of  any  falseness  in  the 
list,  by  him  presented,  of  the  polls,  rateable  estate,  or  income  by  trade 
oi"  faculty,  business  or  emploj^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  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  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, 
they  reaped  considerable  gala  by  trade,  and  had  the  protection  of  the 
government, — 


[1st  Sess.]  PiiOViNCc  Laws. — 1757-58.  17 

Be  it  farther  enacted, 

[SicCT.  7.]  That  when  an}'  person  or  persons,  shall  come  and  Transient 
reside  in  any  town  within  this  province,  and  bring  any  merchandize  ratcuT"'"''^ 
and  trade  to  deal  therewith,  the  assessors  of  such  town  are  hereb}'  im- 
powercd  to  rate  and  assess  all  such  persons,  accordins;  to  their  circum- 
stances, pursuant  to  the  rules  and  directions  of  this  act  provided, 
tho*  the  former  rate  may  have  been  finished,  and  a  new  one  not  per- 
fected, as  aforesaid. 

And  be  it  further  enacted, 

[Sect.  8.]     That  when  any  merchant,  trader  or  factor  shall  set  up  Merchants,  &c., 
a  store  and  trallick,  or  carrv  on  anv  trade  or  business  in  any  town  within  I"''.':.;'!'?'.'''''/'"" 

'  •^  »  •/  can  J  liig  Oil 

this  province,  not  being  an  inhabitant  of  such  town,  tlie  assessors  of  trade  in  any 
such  town,  where  such  tratle  and  business  shall  be  carried  on  as  afore-  besije  wlie're 
said,  be  and  are  hereby  impowered  to  rate  and  assess  all  such  mer-  ^^^'y  ^iw^;"- 
chants,  traders  and  factors,  their  goods  and  merchandizes  for  carrying 
on  such  trade  and  business  and  exercising  their  faculty  in  such  town, 
pursuant  to  the  rules  and  directions  of  this  act ;   ijrocided  before  any 
such  assessors  shall  rate  such  persons  as  aforementioned,  the  select-  Selectmen  to 
men  of  the  town  where  such  trade  is  carried  on  shall  transmit  a  list  of'sucb  persons, 
of  sucli  persons  as  they  shall  judge  may  and  ought  to  be  rated,  withiu  i>efore  they  arc 
the  intent  of  this  act,  to  the  assessors  of  such  town  or  district. 

[Sect.  D.]  And  the  constables  or  collectors  are  hereby  enjoy ued  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 
tiiose  where  they  carry  ou  their  trade,  and  pay  the  same.  [^Passed 
June  IG. 


CHAPTER    3. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  EIGHTY- 
FIVE  THOUSAND  POUNDS,  TO  BE  THENCE  ISSUED  FOR  DISCHARGING 
THE  PUI5LIC[K]  DEBTS,  AND  DRAWING  THE  SAME  INTO  THE  TREAS- 
URY AGAIN. 

Whereas  the  provision  already  made  for  defreying  the  expences  of  Preamble, 
the  late  Crown  Point  expeditions  is  found  insullicient,  and  no  provision  i"yi>-ao.  chap.  4, 

11  1  1  ,•  Ti  •  1  I,  «,  .  §»•!  chaps.  13, 

made  by  the  general  court  lor  dischargmg  the  debts  of  the  ensuing  ii>,  is,  27,  and 46. 

..„nr  1700-57,  chaijs. 

J^''*'  3,  22,  29,  aud  37. 

Be  it  enacted  b>/  the  Council  and  House  of  Representatives, 
[Sect.  1.]     That  the  treasurer  of  the  province  be  and  he  [is]  hereby  Treasurer 
[/.s]  im[)Owercd  and  directed  to  borrow  from  such  person  or  persons  as  borrow'2so,ouo. 
shall  be  willing  to  lend  the  same,  a  sum  not  exceeding  eight3'-five  thou- 
sand pounds  in  millM  dollars,  at  six  shillings  each,  or  in  other  silver 
at  six  shillings  and  eigliti)ence  per  ounce;  and  the  sum  so  borrowed 
shall  be  applied  in  mauTier  as  in  this  act  is  hereafter  directed. 

[Sect.  2.]  And  for  fifteen  thousand  two  hundred  pounds,  part  of  the 
sum  so  borrowed,  the  treasurer  shall  give  his  receipt  in  the  form  fol- 
lowing : — 

Province  of  the  Massachusetts  Bciy,  the  day  of  .  Form  of 

Received  of  the  sum  of  ,  for  tlic  u.=?c  and  service  of  |.[.'^^^!J[^^'^'* 

the  province  of  the  ^lassachusetts  Bay,  and,  in  behalf  of  said  province,  I  do 
hereby  promise  and  oblige  myself  and  .^luceessors  in  the  oflico  of  treasurer  to 
repay  the  said  or  order,  the  first  day  (jf  June  [one  thousand  seven 

hundred  and  fifty-eight]    [i7.:).y],  the  aforesaid  sum  of  , 

in  silver  at  sis  shiliiugs  and  eightponce  per  ounce,  or  Spanish  mUrd  dol- 


18 


Province  Laavs  . — 1757-58. 


[Chap.  3.] 


lars,  at  six  shillings  each,  with  interest  annually,  at  the  rate  of  six  per 
cent  per  annum. 
Witness  my  hand,  H.  G.,  Treasurer. 

[Sect.  3.]     And  for  the  remaining  sum  of  sixty-nine  thousand  eight 
hundred  pounds,  the  treasurer  shall  give  his  receipt  in  the  form  follow- 


Form  of 

treasurer's 

receipt. 


£35,000  for  the 
Jate  Crown 
Point  cxpedi- 
tiou8,  &c. 


£18,000  for  forts 
and  garrisons. 


£7.000  for  pro. 
visions,  com- 
niissary's  dis- 
bursements, &c. 


£5,000  for 
premiums,  &c. 


£5,000  for  debts 
where  tbero  is 
no  establish- 
meut,  &c. 


£4,500  for  pay 
of  couneillors' 
and  representa- 
tives' attend- 
ance. 


£4,000  for 
vessels  of  war. 


Province  of  the  Massachusetts  Bay,  the  day  of 

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  [one  thousand  seven 

hundred  and  sixty]  [2  760'] ,  the  aforesaid  sum  of  ,  in  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.,  Treasurer. 

— and  no  receipt  shall  be  given  for  less  than  six  pounds. 

And  he  it  further  enacted^ 

[Sect.  4.]  That  the  aforesaid  sura  of  eight^'-five  thousand  pounds, 
when  received  into  the  treasury,  shall  be  issued  out  in  the  manner  and 
for  the  purposes  following  ;  that  is  to  say,  thirty-five  thousand  pounds, 
part  of  the  sum  of  eighty-five  thousand  pounds,  shall  be  applied  for  the 
payment  of  the  services  of  the  late  Crown  Point  expeditions  still 
unpaid,  and  for  defr[a][e]ying  the  expence  that  hath  or  shall  arise  for 
the  raising  and  supplying  the  eighteen  hundred  men  agreed  to  be  raised 
by  this  government,  employed  in  his  majesty's  service  under  the  more 
immediate  command  of  his  excellency  the  Earl  of  Loudoun,  com- 
mander-in-chief of  his  majesty's  forces  in  North  America,  and  also  the 
wages  of  the  oflScers  and  soldiers  employed  in  said  service  ;  and  the 
further  sum  of  eighteen  thousand  pounds,  part  of  the  aforesaid  sum  of 
eighty-five  thousand  pounds,  shall  be  applied  for  the  service  of  the  sev- 
eral forts  and  garrisons  within  this  province,  pursuant  to  such  grants 
and  orders  as  are  or  shall  be  made  b}'  this  court  for  these  purposes ; 
and  the  further  sum  of  seven  thousand  pounds,  part  of  the  aforesaid 
sum  of  eighty-five  thousand  pounds,  shall  be  applied  for  purchasing 
provisions  and  the  commissaries  disbursements  for  the  service  of  the 
several  fcn-ts  and  garrisons  within  this  province ;  and  the  further  sum 
of  five  thousand  pounds,  part  of  the  aforesaid  sura  of  eighty-five  thou- 
sand 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 
furtlier  sura  of  five  thousand  pounds,  part  of  the  aforesaid  sum  of 
eighty-five  thousand  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  establishment  nor  any  certain  sum  assigned  for  that  pur- 
pose ;  and  for  paper,  writing  and  printing  for  this  court ;  and  the  fur- 
ther sum  of  four  thousand  five  hundred  pounds,  part  of  the  aforesaid 
sum  of  eighty-five  thousand  pounds,  shall  be  applied  for  the  payment 
of  his  majesty's  council  and  house  of  representatives  serving  in  the 
great  and  general  court  during  the  several  sessions  for  the  present  year  ; 
and  the  further  sum  of  six  thousand  two  hundred  and  fifty  pounds, 
part  of  the  aforesaid  [sum]  of  eight)--five  thousand  pounds,  shall  be 
applied  to  the  discharge  of  the  debts  contracted  by  the  committee  of 
war  ;  and  the  further  sum  of  four  thousand  pounds,  part  of  the  afore- 
said sum  of  eighty-five  thousand  pounds,  shall  be  applied  to  the  pay- 
ment of  the  charge  of  maintaining  the  two  vessels  of  war  belonging  to 
this  province. 


[1st  Sess.]  Province  Laws.— 1757-58.  19 

Aiid  tchereas  there  are  sometimes  contingent  and  unforeseen  charges 
that  demand  prompt  pay, — 
Be  it  further  enacted, 

[Si:cT.  5.]     That  the  sum  of  two  hundred  and  fifty  pounds,  being  the  £25o  for  con- 
remaining  part  of  the  aforesaid  sum  of  eighty-five  thousand  pounds,  be  t^nsent charges. 
applied  to  pay  such  contingent  charges,  and  for  no  other  purpose  what- 
ever. 

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),  by  him  given  in  pursuance  of  this 
act, — 

Be  it  enacted, 

[Sect.  G.]    That  there  be  and  hereby  is  granted  to  his  most  excel-  t^x  of  £85,ooo 
lent  majesty  a  tax  of  eighty-five  thousand  pounds,  to  be  levied  on  polls,  ^'^'"^  "^ 
and  estates   both  real  and  personal  within  this  province,  in   manner 
following ;  that  is  to  say,  fifteen  thousand  two  hundred  pounds,  part  7""^°^  £i5,2oo, 
thereof,  according  to  such  rules  and  in  such  proportions  on  the  several 
towns  and  districts  within  the  province,  as  shall  be  agreed   on   and 
ordered  l\v  the  general  court  or  assembly  in  their  present  session,  and  to 
be  paid  into  the  public[k]  treasury  on  or  before  the  last  day  of  March 
then  next  after. 

[Sect.  7.]  And  the  further  sum  of  sixty-nine  thousand  eight  bun-  Taxof  £69,8oo, 
dred  pounds,  according  to  such  rules  and  in  such  proportion  on  the 
several  towns  and  districts  aforesaid,  as  shall  be  agreed  on  and  ordered 
b}'  the  general  court  at  their  session  in  May,  one  thousand  seven  hun- 
dred and  fifty-nine,  and  to  be  paid  into  the  treasury  on  or  before  the 
last  day  of  March  then  next  after. 

And  be  it  further  enacted, 

[Sect.  8.]     That  if  the  general  court,  in  their  present  session,  and  in  Rule  for 
their  session  in  May,  one  thousand  seven  hundred  and  fift3--nine,  and  u,'f"ax°i!!"?se 
some  time  before  the  twentieth  day  [of]  June  in  each  year,  shall  not  no  tax  art  shaii 
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  tlie  said  sums 
as  the  said  towns  and  districts  were  taxed  by  the  general  court  in  the 
tax  act  then  last  precceding. 

[Sect.  9,]  And  the  province  treasurer  is  hereby  fully  impowered 
and  directed,  some  time  in  the  month  of  June  in  each  of  the  years  afore- 
said, 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)crsonal  within  their  sev- 
eral towns  an(l  districts,  for  their  respective  parts  and  proportions  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  govern ['']'d  by  and  subject  to  all  such  rules 
and  directions  as  shall  have  been  given  in  the  last  i)receeding  tax  act. 

And  as  a  further  fmid  to  enable  the  treasurer  to  discharge  said  receipts  Further  fund. 
and  obligations  by  him  given  in  pursuance  of  this  act, — 

Be  it  enacted, 

[Sect.  10.]  That  the  duties  of  excise  upon  spirituous  liquors,  for  the 
year  seventeen  hundre<l  and  fifty-eight,  shall  be  applied  for  the  payment 
and  discharge  of  the  princii)al  and  interest,  that  shall  become  due  on  said 
notes,  and  to  no  other  purpose. 

And  be  it  further  enacted, 

[Sect.  11.]     That  the  treasurer  is  hereby  directed  and  ordered  to  The  treasurer 
pay  the  sum  of  eighty-five  thousand  pounds  out  of  such  appropriations  ^  conform  to 


20 


Province  Laws. — 1757-58. 


[Chap.  4.] 


the  appropria- 
tious. 


Proviso. 


Members'  pay 
in  i^ovornment 
Bccuritics. 


as  shall  be  directed  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  representatives,  when  they  direct,  such  muster- 
rolls  and  accompts,  after  payment  thereof:  provided,  always,  that  the 
remainder  of  the  sum  which  shall  be  brought  into  the  treasury  by  the 
duties  of  excise  before  mentioned,  and  the  tax  of  eighty-five  thousand 
pounds  ordered  bv  this  act  to  be  assessed  and  levied,  over  and  above 
what  shall  be  sufficient  to  discharge  the  notes  and  obligations  afore- 
said, 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. 

Ayul  he  U  further  enacted, 

[Sect.  12.]  That  the  members  of  his  majesty's  council  and  house  of 
representatives,  shall  receive  tlieir  pay  for  their  travel  and  attendance 
in  such  of  the  government  securities  provided  by  this  act  as  are  paya- 
ble the  first  day  of  June,  one  thousand  seven  hundred  and  sixty. 
\_Passed  June  13  ;  published  June  15.* 


CHAPTER   4. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  THREE 
THOUSAND  FIVE  HUNDRED  POUNDS,  AND  FOR  LENDING  THE  SAME 
TO  THE  TOWN  OF  BOSTON. 


Preamble. 


Treasurer 
empowered  to 
borrow  £3,500. 


Form  of 

treasurer's 

rccciiDt. 


Tax  of  £4,130, 
in  1759. 


Forasmuch  as  to  the  end  and  use  in  this  act  hereafter  mentioned, 
this  court  have  determined  to  supply  the  province  treasury  with  the 
sum  of  three  thousand  five  hundred  pounds, — 

Be  it  enac'ed  hy  the  Council  and  House  of  Representatives, 

[Sect.  1.]  That  the  treasurer  of  the  province  ba  and  he  hereby  is 
impowered  and  directed  to  borrow  of  such  person  or  persons  as  shall 
be  willing  to  lend  the  same,  a  sura  not  exceeding  three  thousand  five 
hundred  pounds  in  mill'd  dollars,  at  six  shillings  each,  or  in  other 
silver  at  six  shillings  and  eightpence  per  ounce. 

[Sect.  2.]  And  for  tlie  sum  so  borrowed,  the  treasurer  shall  give 
his  receipt  in  the  form  following  ;  viz., — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  175    . 

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  ouice  of  treasurer 
to  repay  the  said  or  order,  the  fifteenth  day  of  June,  17G0, 

the  afoi'esaid  sum  of  ,  in  silver  at  six  shillings  and  eightpence 

the  ounce,  or  Si^anish  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. 

— and  no  receipt  shall  be  given  for  less  than  fifty  pounds. 

And  in  order  to  draw  the  money  into  the  treasury  again,  and  enable 
the  treasurer  to  discharge  the  receipts  and  notes  (with  the  interest  due 
thereon),  by  him  given  pursuant  to  this  act, — 

Be  it  enacted, 

[Sect.  3.]  That  there  be  and  hereby  is  granted  to  his  most  excel- 
lent majesty  a  tax  of  four  thousand  one  hundred  and  thirty  pounds,  to 
be  levied  on  polls,  and  estates  both  real  and  personal,  ac3ordiug  to 


*  Jine  17  in  the  printed  acts. 


[IstSess.]  Province  Laws. — 1757-58.  21 

sucli  rules,  and  in  such  proportions,  on  the  several  towns  and  districts 
within  the  ])rovince,  as  shall  he  ordered  by  the  general  court  at  their 
session  in  May,  one  thousand  seven  hundred  and  lirt3--uine,  to  be  paid 
into  province  treasury  ou  or  before  the  thirty-first  day  of  March  then 
next  after. 

And  be  it  fiirtJicr  enacted, 

[Sect.  4.]     That  if  the  general  court,  at  their  session  in  May,  one  Rule  for  appor- 
thousand  seven  hundred  and  fifty-nine,  shall  not,  by  the  twentieth  day  I ,',"caHe  nd'tax*' 
of  June,  agree  upon  an  act  for  apportioning  the  sum  of  four  thousand  actHimiibu 
one  hundred  and  thirty  pounds,  which  is  engaged  in  said  year  to  be  '^'^'^^^ 
apportioned,  assessed  and  levied,  that  then,  the  treasurer  of  the  prov- 
ince for  the  time  being  shall  issue  his  warrants,  to  the  selectmen  or 
assessors  of  the  several  towns  and  districts  within  this  province,  requir- 
ing them,  respectively,  to  assess,  levy  and  pay  into  the  treasury,  b}'  the 
said  thirty-fust  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. 

And  lohereas  the  town  of  Boston  have  represented  that  they  are  greatly  Preamble. 
in  arrears  as  to  their  necessary  charges,  and  have  humbly  besought  this 
court  to  lend  them  thirty-five  hundred  pounds, — 

Be  it  enacted  bj/  Ilis  Majesti/s  Council  and  House  of  liepreaentatives, 

[Skct.  5.]     That  the  aforesaid  sum  of  three  thousand  five  hundred  f  ^''f  J'"]!' ^l'" 
pounds,   when   the   treasury    shall    be   supplyed   therewith,  as  above 
directed,  shall  be  lent  and  delivered  to  the  selectmen  of  the  said  town 
of  Boston,  to  be  applied  to  discharge  the  debts  of  the  said  town,  as  said 
town  shall  order. 

And  for  securing  the  repayment  of  said  sum  of  thirty-five  hundred 
pounds,  with  the  interest  at  the  rate  of  six  per  cent  per  annum,  to  the 
province  treasurer  for  the  time  being,  in  case,  according  to  the  true 
intent  of  this  act,  said  town  ought  to  be  held  to  pay  the  same, — 

It  is  herebi/  enacted  and  ordered, 

[Skct.  6.]     That  whenever  the  valuation  shall  be  taken  through  this  Provision  for 
province,  and  each  town  and  district's  proportion  thereby  known  and  (if'tfiVmrnTof 
determined  by  the  court,  and  be  thereby  ascertained  that  the  town  of  jf/','.j,?t'u  "ii"''*' 
Boston  was  not  overrated  for  the  year  one  thousand  seven  hundred  and  town  of  i!(>»t..n, 
fifty-six,  or  any  other  year  after,  until  the  taking  of  the  valuation,  and  "? ostau-HshaiT' 
ascertaining  as  aforesaid:  ^)rorufed,  said  determination  shall  I)e  before  be  taken  Uirough 
the  3'ear  one  thousand  seven  hundred  and  sixty,  and  so  not  be  intitled     ^' p'"°^""^'^- 
to  any  allowance,  or  no  valuation  taken  or  settled  before  said  time, 
then  the  said  town  shall  pay  the  whole  sum  of  four  thousand  one  hun- 
dred and  thirty  pounds  ;  the  treasurer,  some  time  in  the  month  of  June, 
one  thousand  seven  hundred  and  sixty,  shall  send  forth  his  warrant, 
directed  to  the  selectmen  or  assessors  of  said  town  of  Boston,  requiring 
them  to  assess  the  polls,  and  estates  both  real  and  personal,  within  the 
said  town,  for  said  sum  of  four  thousand  one  hundred  and  thirt}'  pounds, 
in  their  respective  proportions,  to  be  paid  into  the  province  treasur}'  on 
or  before  the  thirty-first  of  March  then  next  after ;  and  the  assessors, 
and  persons  assessed,  shall  observe,  be  governed  by,  and  subject  to,  all 
such  rules  and  directions  as  shall  be  given  in  the  last  preceeding  tax 
act;  but  in  case  a  valuation  shall  be  taken  and  settled  before  the  year 
one  thousand  seven  hundred  and  sixty,  and  thereby  it  shall  appear  the 
town  of  Boston  is  overrated  the  whole  of  said  sum  between  the  ^-ears 
one  thousand  seven  hundred  and  fifty-five  and  one  thousand  seven  hun- 
dred and  sixty,  and  the  treasurer  of  the  province  ])e  certified  thereof  by 
the  general  court  in  their  session  in  May,  one  thousand  seven  hundred 
and  sixty,  then,  and  in  such  case,  the  said  treasurer  is  hereby  forbid  dirr?i"nn 
issuing  his  warrants  to  the  selectmen  or  assessors  of  said  town  of  Bos-  '"""'''« '>'■<  w.ir- 
ton  for  the  sura  aforesaid  ;  but  if,  upon  a  valuation  being  taken,  and  the  menu.'  '""''''"" 


22 


Province  Laws. — 1757-58. 


[Chap.  5.] 


Proviso. 


proportions  of  the  several  towns  being  settled  before  the  year  one  thou- 
sand seven  hundred  and  sixty,  it  shall  thereby  appear  that  the  said 
town  of  Boston  have  been  overrated  but  only  part  of  the  aforesaid  sum 
of  four  thousand  one  hundred  and  thirty  pounds,  then,  and  in  such  case, 
such  part  shall  be  remitted  to  them  ;  and  the  treasurer  shall  issue  his 
warrant  for  such  remainder,  agreable  to  the  direction  of  the  general 
court,  at  their  session  in  Maj^,  one  thousand  seven  hundred  and  sixty, 
requiring  the  selectmen  or  assessors  of  said  town  of  Boston  to  assess 
the  same  in  manner  as  aforesaid,  to  be  paid  into  the  treasury  on  or 
before  the  thirty-first  day  of  March  next  after.  And  the  assessors  and 
persons  assessed  shall  observe,  be  governed  by,  and  subject  to,  all 
such  rules  and  directions  as  shall  be  given  in  the  last  preceeding  tax 
act. 

Provided,  nevertJieless, — 

[Sect.  7.]  If  a  valuation  shall  be  taken,  and  the  several  towns'  pro- 
portion of  the  province  tax  settled,  before  the  month  of  June,  1759, 
whereby  it  shall  appear  that  the  town  of  Boston  is  not  overrated  the 
whole  or  any  part  of  the  aforesaid  sum,  that  then  the  said  town  shall 
be  assessed  for  the  whole  or  such  part  of  said  sum  for  which  they  shall 
so  appear  not  to  be  overrated ;  and  the  treasurer,  in  such  case,  shall 
not  issue  his  warrant  to  assess  said  sum  upon  the  province  in  general, 
but  upon  the  town  of  Boston  only.  l^Passed  June  15  ;  published 
June  17. 


CHAPTER    5. 

AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  ON  THE  MEADOWS  AND 
BEACHES  LYING  IN  THE  TOWNSHIP  OF  BARNSTABLE,  ON  THE  SOUTH 
SIDE  OF  THE  HARBOUR,  CONTIGUOUS  TO  [TO]  THE  COMMON  FIELDS 
IN  SAID  TOWN. 


Preamble. 
1747-48,  chap.  5. 


Persons  forbid- 
den to  drive 
cattle  on 
meadows  and 
beaches  in 
Barnstable. 


penalty. 


Cattle  to  be 
impounded,  in 
case. 


Wdereas  many  persons  frequently  drive  numbers  of  neat  cattle, 
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 
damnified  and  the  sand  blown  on  said  meadows  and  uplands  adjoin- 
ing, to  the  great  damage  not  onl}^  of  private  persons  in  their  proper- 
ties, but  also  to  said  town  in  general,  so  far  as  relates  to  said  town's 
meadows  appropriated  to  maintain  a  pound, — 

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

[Sect.  1.]  That  during  the  continuance  of  this  act,  no  person  or 
persons  shall  presume  to  turn  or  drive  any  neat  cattle  or  horse-kind,  or 
sheep,  or  swine,  to  or  upon  any  of  the  beaches,  meadows  or  shoars 
that  lye  between  the  late  common  fields  in  said  Barnstable,  anywhere 
from  Calves-Pasture  Point,  to  Yarmouth  line,  round  as  the  shoar  goes, 
upon  the  penalty  of  three  shillings  a  head  for  neat  cattle  or  horse-kind, 
and  one  shilling  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, 
shall,  at  any  time  hereafter,  be  found  feeding  on  the  said  beaches, 


[1st  Sess.]  Province  Laws. — 1757-58.  23 

meadows  or  shears,  that  l[i][.v]c  between  the  late  common  fields  and 
the  harbour,  in  said  Barnstable,  anywhere  from  Calves-Pasture  Point 
to  Yarmouth  line,  round  as  the  shoar  goes,  that  it  shall  and  may  be 
lawful  for  any  person  to  impound  the  same,  immediately  giving  notice 
to  the  owners,  if  known,  otherwise  to  give  public[lv]  notice  thereof  in 
the  said  town  of  Barnstable,  and  the  two  next  adjoining  towns  ;  and  the 
impounder  shall  relieve  the  said  creatures  with  suitable  meat  and  water 
while  impounded ;  and  if  the  owner  thereof  appear,  he  shall  pa}'  the 
sum  of  one  shilling  to  the  impounder,  for  each  neat  beast  and  horse- 
kind,  and  fourpcnce  for  each  sheep  and  swine,  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,  sheep  or  swine  so  impounded,  and  to  pay  the  costs  and  damages 
occasioned  by  impounding  the  same,  then  and  in  every  such  case  the  c.ittictobe 
person  or  persons  impounding  such  cattle  or  horse-kind,  sheep  or  swine,  ^oid,  incase 
shall  cause  the  same  to  be  sold  at  public[k]  vendue,  and  pay  the  cost 
and  charges  arising  about  the  same  (pul)lic[k]  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  beforehand),  and  the  overplus,  if 
au}^  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. 

And  be  it  further  enacted, 

[Sect.  3.]     That  the  said  town  of  Barnstable,  at  their  meeting  in  officers  to  be 
March,  annually,  for  the  choice  of  town  officers,  be  authorized  and  ii,T/aot?n^"' 
impowered  to  chuse  one  or  more  meet  person  or  persons  whose  duty  execution, 
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  pay  five  shillings  for  the  use  of  the  poor  of  the  said  town 
of  Barnstable  ;  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 
Barnstable,  at  a  town-meeting  warned  for  that  purpose,  ma}',  at  any 
time  before  March  next,  chuse  such  officers,  who  shall  continue  until [1] 
their  annual  meeting  in  March  next. 

[Sect.  4.]     This  act  to  commence  on  the  tenth  day  of  June  next,  Limitation. 
and  to  continue  and  ])c  in  force  till  the  end  of  the  session  of  the  gen- 
eral court  next  following  the  twenty-fifth  of  March,  one  thousand  seven 
hundred  and  sixty-seven,  and  no  longer.     \_Passed  June  4  ;*  published 
June  17. 


CHAPTER    6. 

AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  ON  THE  LANDS  LYING  IN 
THE  TOWNSHIP  OF  YARMOUTH,  CALLED  NOBSCUSSET. 

"Whereas   many  persons   frequently   drive  numbers  of  neat  cattle,  rroambic 
horses,  sheep  and  swine,  to  feed  on  the  beaches  and  shoars  adjoining  to  n4'.).50,cb.ip.i5. 
said  Nobscusset  in  said  Yarmouth,  lying  between   Black   Earth,  and  ^ '»«5. cbap. 29. 
Judah  Howe's  Kango,  as  it  runs  into'  the  sea,  whereby  the  ground  is 
much  broken  and  damnified,  and  the  sand  blown  on  said  land,  to  the 

•  Signed  June  IG,  accordinf;  to  the  record. 


24 


Province  Laws. — 1757-58. 


[Chap.  6.] 


Persons  for- 
bidden to  drive 
cattle  on  Nob- 
scussct  lands, 
&c. 


Penalty. 


Cattle  to  be 
impounded,  in 
case. 


Cattle  to  be  sold, 
in  case. 


Officers  to  be 
chosen  to  put 
this  act  in 
execution. 


Penalty  for  not 
serving. 


Proviso. 


Limitation. 


great  damage  not  only  of  private  persons  in  their  properties,  but  also 
to  the  said  town  in  general,  so  far  as  relates  to  said  lands, — 

Be  it  enacted  by  the  Council  and  House  of  Representatives, 

[Sect.  1.]  That  during  the  continuance  of  this  act,  no  person  or 
persons  shall  presume  to  turn  or  drive  any  neat  cattle  or  horse-kind, 
or  sheep  or  swine,  to  or  upon  any  of  the  beaches  or  lands  lying  between 
the  s[«i]d  Black  Earth,  and  Judah  Howe's  Range,  in  said  Yarmouth, 
from  the  first  day  of  March  to  the  last  day  of  November,  annually,  upon 
the  penalty  of  three  shillings  a  head  for  neat  cattle  and  horse-kind,  and 
one  shilling  for  each  sheep  and  swine,  that  shall  bo  turned  and  found  on 
said  beaches  or  land,  within  the  time  and  limits  affires[ai]d  ;  which  pen- 
alty 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, 
shall,  at  an}^  time  hereafter,  be  found  feeding  on  the  said  beaches  or  land, 
within  the  times  aforesaid,  that  it  shall  and  may  be  lawful  for  any  per- 
son to  impound  the  same,  immediatel}''  giving  notice  to  the  owners,  if 
known,  otherwise  to  give  public[k]  notice  thereof  in  the  said  town  of 
Y''armouth,  and  the  two  next  adjoining  towns  ;  and  the  impounder  shall 
relieve  the  said  creatures  with  suitable  meat  and  water  while  impounded  ; 
and  if  the  owner  thereof  appear,  he  shall  pay  the  sum  of  one  shilling  to 
the  impounder,  for  each  neat  beast  and  horse-kind,  and  fourpence  for 
each  sheep  and  swine,  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,  sheep  or  swine  so  im- 
pounded, and  to  pay  the  costs  and  damages  occasioned  by  impounding 
the  same,  then  and  in  every  such  case  the  person  or  persons  impound- 
ing such  cattle  or  horse-kind,  sheep  or  swine,  shall  cause  the  same  to 
be  sold  at  public£k]  vendue,  and  to  pay  the  cost  and  charges  arising 
about  the  same  (public[kj  notice  of  the  time  and  place  of  such  sale,  to 
be  given  in  the  said  town  of  Y'armouth,  fort3'-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,  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  be  it  further  enacted, 

[Sect.  3.]  That  the  said  town  of  Yarmouth,  at  their  meeting  in 
March,  annually,  for  the  choice  of  town  officers,  be  authorized  and 
impowered  to  chuse  one  or  more  meet  person  or  persons  whose  duty  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 
pay,  for  the  use  of  the  poor  of  the  said  town  of  Yarmouth,  the  sum  of  five 
shillings  ;  and  upon  such  refusal,  said  town  from  time  to  time  to  pro- 
ceed to  a  new  choice  of  such  officer  or  officers. 

Provided  nevertheless, — 

And  it  is  hereby  declared, 

[Sect.  4.]  That  this  act  shall  not  be  construed  so  as  to  restrain  any 
person  or  persons  on  the  whaling  or  fishing  business  from  turning  their 
horses  or  oxen  on  the  beach  and  land  aforesaid,  while  the  owners  are 
attending  thereon  the  aforesaid  business. 

[Sect.  5.]     This  act  to  commence  on  the  first  day  of  July  next,  and 


[1st  Sess.]  Province  Laavr. — 1757-58.  25 

to  continue  and  be  in  force  till  the  end  of  the  session  of  the  cfeneral 
court  next  following  the  twenty-lilih  of  IMarcli,  one  thousand  seven 
hundred  and  sixty-seven,  and  no  longer.  [^Passed  June  15  ;  imhlished 
June  17. 


CHAPTER    7. 

AN  ACT  FOR  CONTINUING  AN  ACT  MADE  AND  PASSED  IN  THE  TWENTY- 
NINTH  YEAR  OF  HIS  TRESKNT  MAJESTY'S  REIGN,  INTITLED  "AN 
ACT  IN  ADDITION  TO  AN  ACT  MADK  IN  THE  TWENTY-NINTH  YEAR 
OF  HIS  MAJESTY'S  REIGN,  INTITLED  'AN  ACT  MAKING  FROVISION 
FOR  THE  INHABITANTS  OF  NOVA  SCOTIA,  SENT  HITHER  FROM  THAT 
GOVERNMENT,  AND  LATELY  ARRIVED  IN  THIS  PROVINCE.' " 

"Whereas  an  act  made  and  passed  in  the  twenty-ninth  year  of  his  Preamble, 
present  majesty's  reign,  intitled  "An  Act  in  addition  to  an  act  made  noo-se.ciiap.sa 
and  passed  in  the  twenty-ninth  year  of  his  majesty's  reign,  intitled  'An 
Act  making  provision  for  the  inhabitants  of  Nova  Scotia,  sent  hither 
from  that  government,  and  lately  arrived  in  this  province,' "  will  expire 
on  the  twentieth  day  of  June,  this  present  year,  and  it  is  necessar}'  some 
provision  l)e  made  for  the  regulation  and  support  of  said  inhabitants  of 
Nova  Scotia. — 

Be  it  therefore  enacted  hy  the  Council  and  House  of  Representatives^ 
That  the  said  act  shall  continue  and  be  in  force  from  the  said  twcn-  Act  continued. 
tieth  da}'  of  June  to  the  first  day  of  August  next,  and  no  longer, 
\_Passed  June  IG  ;  published  June  17. 


26  Province  Laws.— 1757-58.      [Chaps.  8,  9.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Sixteenth  day  of  August,  A.  D.  1757. 


CHAPTEE   8. 

AN  ACT  FOR  GRANTING  THE   SUM  OF  THIRTEEN  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  thirteen  hundred  pounds  be  and  hereby  is  granted 
unto  his  most  excellent  majesty,  to  be  paid  out  of  the  publick  treasur}' 
to  his  excellency  Thomas  Pownall,  Esquire,  captain-general  and 
governour-in-chief  in  and  over  his  majesty's  province  of  the  Massachu- 
setts Bajs  to  enable  him  to  carry  on  the  affairs  of  government. 
\_Passed  August  31 ;  published  September  1. 


CHAPTER  9. 

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.  Whereas,  by  a  law  of  this  province,  intitled  "  An  Act  in  further 

1755-56, chap. 22.  addition  to  the  act  for  the  limitation  of  actions,  and  for  avoiding  suits  in 
law  where  the  matter  is  of  long  standing,"  made  and  pass'd  in  the 
twentj'-ninth  year  of  his  present  majesty's  reign,  the  time  limit[^]ed  for 
commencing  all  actions  of  account,  and  upon  the  case,  excepting  such 
1748.49, chap.  17.  as  are  excepted  in  another  act,  intitled  "  An  Act  in  addition  to  and  for 
the  explanation  of  an  act,  intitled  '  An  Act  for  limitation  of  actions, 
and  avoiding  suits  at  law  where  the  matter  is  of  long  standing,' "  made 
and  pass'd  in  the  twenty-second  year  of  his  present  majesty's  reign,  will 
expire  the  last  day  of  March  next ;  and  whereas  the  continuance  of  the 
war,  and  great  numbers  of  men  that  are  and  may  hereafter  be  in  his 
majesty's  service,  will  make  it  necessary  that  some  further  time  may  be 
allowed  for  the  bringing  some  kind  of  actions, — 

Be  it  therefore  enacted  by  the  Governour,  Council  and  House  of  Repre- 
sentatives, 
Time  for  bring-       [Sect.  1 .]     That  the  time  for  commencing  of  actions  of  the  case,  upon 
Ihf  ca"e'lc."to  notes  of  hand,  or  upon  book  accounts,  limit [«]ed  by  said  act  of  the 
be  extended. '      tweutj-'Sccond,  or  by  said  act  of  the  twenty-ninth,  year  of  his  present 
majesty's  roign,  shall  be  and  hereby  is  extended  to  the  last  day  of 
March,  which  will  be  in  the  year  of  our  Lord  one  thousand  seven  hun- 


[2d  Sess.]  Province  Laws.— 1757-58.  27 

dred  and  sixt}' ;  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.]     That  the  act,  intitled  "An  Act  for  the  limitation  of  This  act,  &c.,  to 
actions,  and  for  avoiding  suits  in  law  where  the  matter  is  of  long  stand-  and  distrk-t"*'* 
ing."  made  in  the  tliirtcenth  3'ear  of  the  present  reign,  the  afores[at]d  anniv.rK.iry 
act,  intitled  "  An  Act  in  addition  to  and  for  the  explanation  of  an  act,  in  cuunsMf 
intitled  '  An  Act  for  the  limitation  of  actions,  and  avoiding  suits  at  law  common  picM. 
where  the  matter  is  of  long  standing,'  "  made  and  pass'd  in  the  twenty-  i740-4i,chap.4. 
second  year  of  the  present  reign,  and  this  act  shall  be  read  by  the 
clerk  of  each  town  and  district,  at  their  anniversary  meetings  in  March 
and  May,  annually  ;  and  the  justices  of  the  several  courts  of  common 
pleas  within  tlie  respective  counties  shall  cause  the  same  to  be  publickly 
read  at  the  opening  of  their  courts,  from  time  to  time  from  the  publica- 
tion of  this  act,  and  until  [1]  the  last  day  of  March,  one  thousand  seven 
hundred  and  sixty.     \_Passed  August  31 ;  published  September  1. 


CHAPTER  10. 

AN  ACT  IN   ADDITION   TO  AN   ACT  INTITLED   "AN   ACT   IN   ADDITION 
TO  THE  ACT  FOR  PROVIDING  OF  POUNDS,  &cCa]." 

"Whereas  it  has  been  found  inconvenient  for  the  party  damnified  by  preamble, 
any  creatures  which  have  been  impounded  and  apprized,  to  be  obliged  1703-4,  chap.  10. 
to.  keep  them  to  his  own  use  at  the  apprized  value, — 

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

[Sect.  1.]     That  when  any  creatures  have   been   impounded  and  Crcntnreg 
api)ri/,ed,  agreable  to  the  directions  of  the  aforementioned  act;  if  the  apprai"(M  m"ay^ 
persun  impoiniding  don't  see  fit  to  take  the  said  creatures  at  the  apprized  !^'' ''"''',  '-^^  i'"''- 
value,  then  they  shall  be  sold  at  publick  outcry  to  the  highest  bidder  by   "^°"  '''^^" 
the  person  who  caused  the  same  to  be  impounded,  notice  of  the  time 
and  place  of  such  sale  having  been  posted  up  in  some  publick  place  in 
the  town  in  which  they  are  impounded,  four  da^'s  at  least  before  the 
sale  ;  and  the  overplus  of  the  money  ari[z][.s]iug  by  such  sale,  if  any 
Ihere  l)e  [shall  be],  after  necessary  charges  are  paid,  shall  be  returned  to 
the  owner. 

[Sect.  2.]     This  act  to  continue  and  be  in  force  for  the  space  of  Limitation, 
three  years  from  the   first  day  of  September   next,  and   no   longer. 
[^Passed  August  31 ;  published  September  1. 


CHAPTER  11. 


AN  ACT  TO  PREVENT  NEAT  CATTLE,  HORSES  AND  SHEEP  RUNNING 
AT  LARGE  AND  FEEDING  ON  THE  BE[E][.1]CHES  BETWEEN  WELLS 
AND  OGUNQUIT  HARBOURS,  IN  THE  TOWN  OF  WELLS,  AND  TO  PRE- 
VENT THE  MOWING  OF  THE  SAME. 

"WiiEnEAS  there  is  a  large  quantity  of  marish  within  the  township  of  Preamble. 
Wells,  iu  the  county  of  York,  on  which  most  of  the  inhabitants  of  said 
town  depend  for  their  hay,  and  the  said  marish  lies  adjo[y][/]ning  to 
two  long  sandy  be[e][rf]ches  between  Wells  and   Ogumiuit  harbours, 
which  is  the  only  barrier  to  prevent  said  marish  from  being  destroyed; 


28 


Province  Laws. — 1757-58.  [Chap.  11.] 


Persons  for. 
biililun  to  drive 
cattle,  &c  ,  on 
the  lieaclics 
between  Wells 
and  Ogunquit 
haibors,  ou 
penalty. 


Cattle  to  be 
impounded,  in 
case. 


Cattle  to  be  sold, 
in  case. 


Penally  for 
mowing,  Kc, 
said  beacbea. 


Penalty  for 
leaving  open 
bars,  &c.,  lead- 
ing to  said 
beaches. 


In  case  any 
dispute  arise, 
how  the  same 


and  by  reason  of  cattle  and  horses  trampling  and  feeding  there,  and  by 
some  persons  mowing  the  grass  on  said  be[e][a]ches,  which  was  wont 
to  preserve  the  be[e][a]ches  and  prevent  ilio  seas  breaking  over  the 
same  and  covering  saitl  marish  willi  sand,  by  which  some  part  of  said 
marish  is  already  destroyed,  and  the  whole  is  in  danger  of  being  buried 
with  the  sand,  if  not  timely  prevented, — 

Be  it  therefore  enacted  by  the  Govemour,  Council  and  House  of 
Representat  ives, 

[Sect.  1.]  That  from  and  after  the  first  daj'  of  September  next,  no 
person  shall  presume  to  turn  or  drive  any  neat  cattle,  horses  or  sheep 
upon  the  said  be[e]  [a]ches  to  feed,  or  leave  them  at  large  there,  on  the 
penalty  of  four  shillings  a  head  for  all  neat  cattle  and  horse-kind,  and 
sixpence  for  every  sheep  so  turned  upon  any  of  said  beaches  to  feed, 
or  that  shall  be  found  at  large  there  ;  which  penalty  may  be  recovered 
by  any  person  of  the  said  town  of  Wells  :  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  said  town. 

And  be  it  further  enacted, 

[Sect.  2.]  That  it  shall  and  may  be  lawful  for  any  person  or  per- 
sons of  the  said  town  of  Wells  finding  any  cattle,  horse-kind  or  sheep 
feeding  or  going  at  large  upon  the  be[e][a]ches  aforesaid  or  any  of 
them,  to  impound  the  same  ;  and  the  person  or  persons  impounding 
them  shall  give  publick  notice  thereof  in  said  town  of  Wells,  and  shall 
rel[ei][ie]ve  said  creatures  whilst  impo[w][M]nded,  with  suitable  meat 
and  water  ;  and  the  owner  thereof  appearing,  shall  pay  to  the  impounder 
two  shillings  for  each  head  of  neat  cattle  and  horse-kind,  andfourpence 
for  each  sheep  so  impo[w][';]nded,  and  cost[s]  of  impounding  them. 
And  if  the  owner  do  not  appear  within  the  space  of  six  days  and  pay 
the  damages  and  cost  occasioned  by  impounding  the  same,  then  and  in 
every  such  case  the  person  or  persons  impounding  such  cattle,  horse- 
kind  or  sheep,  shall  cause  them  to  be  sold  at  publick  vendue  for  pay- 
ing such  damages  and  costs,  and  the  charge  arising  by  such  sale  (pub- 
lick 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,  horse-kind  or  sheep  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  said  town. 

And  be  it  further  enacted^ 

[Sect.  3.]  That  if  any  person  shall  presume  to  mow  any  grass  on 
said  beaches,  or  carry  away  any  from  off  said  beaches,  *  shall  forfeit  and 
pay  the  sum  of  five  pounds  for  every  tun,  and  so  in  proportion  for  a 
greater  or  less  quantity  ;  which  penalty  may  be  recovered  by  an}^  per- 
son of  the  town  of  Wells  :  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  said  town. 

And  be  it  further  enacted, 

[Sect.  4.]  That  no  person  shall  presume  to  leave  open  any  bars  or 
gates  athwart  any  road  that  leads  to  the  said  beaches,  on  penalty  of 
six  shillings  ;  which  penalty  may  be  recovered  by  any  person  of  the 
town  of  Wells :  the  whole  thereof  to  be  to  him  or  them  that  shall  sue 
for  the  same. 

And  be  it  further  enacted, 

[Sect.  5.]  That  in  case  any  dispute  arise  upon  any  action,  bill, 
plaint  or  information,  brought  as  aforesaid,  where  the  plaintitf,  com- 


•  The  word  "  he,"  evidently  omitted. 


[2d  Sess.]  Puovince  Laws.— 1757-58.  29 

plainant  or  informer  shall  charge  the  defendant  in  trespass  for  cntting  mny  be  deter. 
or  carrying  off  any  grass  from  said  l)caehcs,  or  leaving  open  any  bars  "'itiVof'ihe'"' 
or  gates  as  aforesaid,  then  and  in  such  case,  if  the  plaintiff,  complainant  plaintiff,  &c., 
or  informer,  or  his  agent  or  attornc}',  shall  make  oath,  bond  fide,  that 
there  hath  been  cut  or  carried  away  to  the  best  of  his  judgment,  any 
certain  quantity  of  grass,  or  that  any  bars  or  gates  have  been  left  open 
as  mentioned  in  the  Avrit[t],  and  that  he  suspects  the  defendant  to  have 
committed  the  said  trespasses,  and  although  the  plaintiff,  complainant 
or  informer,  or  his  agent  or  attorney,  may  not  be  able  to  produce  any 
other  evidence  thereof  than  such  circumstances  as  render  it  highly 
probal)le  in  the  judgment  of  the  court  or  justice  before  whom  the 
tr[y][/]al  is,  then  and  in  every  such  case,  unless  the  defendant  shall 
acquit  himself  upon  oath,  to  be  administred  to  him  ])_y  the  court  or  jus- 
tice that  shall  try  the  cause,  the  plaintiff  shall  recover  against  the 
defendant  damages  and  costs  ;  but  if  the  defendant  shall  acquit  himself 
upon  oath,  as  aforesaid,  the  court  or  justice  may  and  shall  enter  up 
judgm[eyi]t  for  the  defcntlant  to  recover  against  the  plaintiff  double  his 
cost  occasioned  by  such  prosecution. 

And  he  it  farther  enacted, 

[Skct.  G.]     That  the  said  town  of  Wells,  at  their  meeting  in  March,  oracoratobo 
annually,  for  the  choice  of  town  otllcers,  be  and  hereby  are  authorized  tii'iTacVcnrrfed 
and  imi)owered  to  chuse  two  or  more  persons  whose  duty  it  shall  be  to  '"to «secuUou. 
see  that  this  act  be  oliservcd,  and  prosecute  the  breakers  thereof,  who 
shall  be  sworn  to  the  faithful  discharge  of  their  ofllce  ;  and  in  case  any  Penalty  for  not 
person  so  chosen  shall  refuse  to  be  sworn,  he  shall  forfeit  and  pay  six-  ®*-'"''"*''- 
teen  shillings,  for  the  use  of  the  poor  of  the  said  town  of  AVells  :  and 
the  said  town  of  Wells,  at  a  town  meeting  warned  for  that  purpose, 
ma}-,  at  any  time  before  March  next,  chuse  such  oflicers,  who  slaall  con- 
tinue until  [I]  their  an[>i]ual  meeting  in  March  next. 

[SncT.  7.]     This  act  to  be  in  force  until [1]  the  first  day  of  Septem-  LimitaUon. 
bcr,  one  thousand  seven  hund[re]d  and  sixt}-,  and  to  the  end  of  the  then 
next  pitting  of  the  general  court,  and  no  longer.     \_Passed  Auqust  31 ; 
published  iScjytember  1. 


CHAPTER    12. 

AN  ACT  PROVIDING  REMEDY  FOR  BANKRUPTS  AND  THEIR  CREDITORS. 

Whereas  divers  persons  in   this   province,  having  of  late  become  disallowed  by 
insolvent,  have  secreted  themselves  and  their  estates,  to  the  great  hurt  di'' JrliVy  2s"""" 
of  themselves,  their  families  and  creditors,  for  remedy  whereof,  and  to  ^^■'''^•* 
|)revent  many  inconvcnienc[t]es  that  happen  to  creditors  and  debtors  i"'"'^'''"''''^- 
in  cases  of  insolvency, — 

Be  it  entided  by  the  Governour,  Council  and  House  of  Representatives, 
[Sect.  1.]     That  all  persons  using,  or  that  shall  use,  the  trade  of  I'l^rsons  liable 
merchandize,  by  way  of  bargaining,  exchange,  bartering  or  otherwise,  niptVaruni'r'"''' 
in  gross  or  bv  retail,  or  seeking  his,  her  or  their  living  bv  buying  and  «ii:u  c:u<es  ibey 
selling,  cither  on  li:s  own  account  or  as  a  factor,  who  shall,  in  writing,  and  uiijudged 
make  a  voluntary  declaration,  iipon  oath,  to  the  secretary  of  this  |)rov-  ""■ 
ince,  that  he  isunai)le  topa^'hisdebts,  of  which  the  secretary  shall  make 
a  record  and  give  notice  thereof  in  all  the  public[k]  Boston  newspapers  Secretary  to 
three  weeks  successively,  or  have  departed,  or  shall  depart,  this  province,  fiH.''n,j!i\on '° 
have  begun,  or  shall  begin,  to  keep  his  or  her  house,  or  otherwise  absent  ncwspajjcrs. 
him-  or  herself,  or  sullcr  him-  or  herself  willingly  to  be  arrested  for  any 

*  See  17G0-G1,  chap.  lU,  jjusl ;  and  notes  to  both  chapters. 


30 


Province  Laws.— 1757-58.  [Chap.  12.] 


Commander-iu- 
chief,  with  the 
advice  and  con- 
sent of  the  coun- 
cil, under  the 
seal  of  llio 
province,  to 
appoint  and 
grant  commis- 
sioners power, 
&c. 


Commissioners 
to  t>xaniino  on 
oath,  or  other- 
■wise  to  discover 
debts  due  to 
creditors. 


Creditors  hav- 
inar  security  not 
to  be  relieved 
auless. 


debt  or  other  thing  not  grown  due,  for  money  delivered,  wares  sold  or 
other  just  or  lawful  cause  or  good  consideration,  or  hath  or  shall  will- 
ingly or  fraudulently  procure  him-  or  herself  to  be  arrested,  or  his  or 
her  goods  or  money  to  be  attached,  or  depart  from  his  or  her  dwelling- 
house,  or  make,  or  cause  to  be  made,  any  fraudulent  grant  or  conveyance 
of  his,  her  or  their  lauds,  tenements,  goods  or  chatt[e]l[e]s  to  the 
intent,  or  whereby  his,  her  or  their  creditors  shall  or  may  be  defeated 
or  delayed  in  the  recovery  of  their  just  and  true  debts,  or  being 
arrested  for  debt,  shall,  after  his  or  her  arrest,  l[y][i']e  in  prison  six 
months  upon  that  arrest,  or  upon  an}'-  other  arrest  or  detention  in 
prison  for  debt,  or  being  arrested  for  a  just  debt  or  debts,  shall,  at  any 
time  after  such  arrest,  escape  out  of  prison,  shall  be  accounted  and 
adjudged  a  bankrupt,  to  all  intents  and  purposes. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  commander-in-chief,  with  the  advice  and  con- 
sent of  his  majesty's  council,  upou  complaint  made  to  him  in  writing, 
against  such  person  or  persons  being  bankrupt,  shall  have  full  power 
and  authority,  by  commission  under  the  great  seal  of  this  province,  to 
name,  assign  and  appoint  such  honest  and  discreet  persons  as  to  him 
with  such  advice  shall  seem  good,  who,  or  the  most  part  of  them,  by 
virtue  of  this  act  and  such  commission,  shall  have  full  power  and 
authorit}^,  as  in  their  discretion  shall  seem  meet,  to  take  such  order  and 
direction,  with  the  body  of  such  person,  wheresoever  he  or  she  may  be 
had,  either  in  his  or  her  house  or  houses,  or  elsewhere,  as  well  by 
imprisonment  of  his  or  her  body,  as  also  with  all  his  or  her  lands,  tene- 
ments and  hereditaments  which  he  or  she  shall  have  in  his  or  her  own 
right  before  he  or  she  became  bankrupt,  and  also  with  all  such  lands, 
tenements  and  hereditaments  as  such  person  shall  have  purchased  and 
obtained  for  money  or  other  recompence,  jointly,  with  his  wife,  chil- 
dren or  child  to  the  only  use  of  such  bankrupt  or  bankrupts,  or  of  or 
for  such  use,  interest,  right  or  title  as  such  bankrupt  or  bankrupts  then 
shall  have  in  the  same,  which  he  or  she  may  lawfully  depart  withal,  or 
with  any  person  or  persons  of  trust  to  au}^  secret  use  of  such  bankrupt 
or  bankrupts,  and  also  with  his  or  her  money,  goods,  chatt[e]l[e]s 
and  debts,  books  of  account  and  papers,  wheresoever  they  may  be  found 
or  known,  and  cause  the  said  lands,  tenements,  hereditaments,  money, 
chatt[e]l[e]s,  goods  and  debts,  books  and  papers,  to  be  searched, 
viewed,  rented  and  appraized,  and  by  deed  indented  and  duly  ac- 
knowledged and  regist[p]red  to  make  sale  of  such  lands,  tenements  and 
hereditaments,  and  of  all  deeds,  writings  and  evidences  touching  only 
the  same,  belonging  to  such  debtor  or  debtors,  and  also  of  all  annuities, 
goods  and  chatt[e]l[e]s,  or  otherwise  to  order  the  same  for  the  true 
satisfaction  and  payment  of  the  said  creditors  ;  that  is  to  say,  a  portion 
rate  and  rate  like  to  the  sum  of  his  or  their  debt. 

And  for  the  better  distribution  of  the  lands,  tenements,  heredita- 
ments, goods,  chatt[e]l[e]s  and  other  estate  of  such  bankrupt  to  and 
amongst  his  or  her  creditors, — 

Be  it  enacted, 

[Sect.  3.]  That  the  said  commissioners,  or  the  greater  part  of  them, 
shall  and  may  examine,  upon  oath,  or  by  any  other  ways  or  means  as  to 
them  shall  seem  meet,  any  person  or  persons  for  the  finding  out  and 
discovery  of  the  truth  and  certainty  of  the  several  debts  due  and  owing 
to  all  such  creditor  and  creditors  as  shall  seek  relief  b}^  such  course  of 
commission,  to  be  sued  forth  as'  aforesaid  ;  and  that  all  and  every 
creditor  and  creditors  having  security  for  his  and  their  several  debts  by 
judgment,  statute  or  recognizance,  or  that  have  made,  or  shall  make, 
attachment  of  any  estate  of  such  bankrupt  on  supposal  of  his  abscond- 
ing or  absence,  whereof  there  shall  be  no  execution  served  and  executed 


[2d  Sess.]  Province  Laws. — 1757-58.  31 

upon  any  of  the  lands,  tenements,  hereditaments,  goods  and  other 
estate  of  such  bankrupts,  before  such  time  as  he  or  slie  shall  or  do 
become  bankrupt,  shall  not  be  rel[ei][ie]ved  upon  any  such  judgment, 
statute,  recognizance  or  attachment  for  any  more  than  a  rateable  part 
of  their  just  and  due  debts  with  the  other  creditors  of  the  said  bank- 
rupt. 

And  be  it  further  enacted^ 

[Sect.  4.]     That  every  direction,  order,  bargain,  sale  and  other  things  DirfcUon, 
done  by  the  said  persons  so  authorized  as  aforesaid,  in  form  aforesaid,  tbe^om.ni'ssli.n. 
shall  be  good  ami  effectual  in  the  law  to  all  intents,  constructions  and  ers  to  bo  gooa 
purposes,  against  the  said  bankrupt  or  bankrupts,  his  or  their  wife  or  orcbn.iron.^'c^, 
wives,  heir  and  heirs,  child  and  children,  and  such  person  [and]  [or]  per-  of  any  bankrupt, 
sons  as,  by  such  joint  purchase  with  the  said  bankrupt  or  bankrupts  as  is 
aforesaid,  have  or  shall  have  any  estate  or  interest  in  the  preiuis[s]es 
and  against  all  other  person  and  persons  claiming  hy,  from  or  under  such 
debtor  or  debtors  by  an}-  act  or  acts  had,  made  ot  done  after  any  such 
person  shall  become  bankrupt  as  is  aforesaid. 

And  be  it  finiher  enacted, 

[Sect.  5.]     That  the  commissioners,  or  the  greater  part  of  them,  Commiasionera 
after  having  declared  such  person  a  bankrupt,  shall  cause  notice  thereof  not1co"orVcr^ 
to  be  given  in  the  publick  Boston  newspapers  for  three  weeks  success-  f*o''s  (lociared 
ivcly,  and  shall  therein  appoint  time  and  place  for  the  said  bankrupt  to  Wben  ami  where 
surrender  him-  or  herself  to  them,  and  to  conform  to  this  act,  which  time  ^<>  s""'^"'!'-''"- 
they,  or  the  greater  part  of  them,  may  enlarge,  as  is  hereafter  men- 
tioned ;  and  if  the  said  bankrupt  shall  not  at  one  or  other  of  those  times  Bankrupts 
surrender  him-  or  herself  to  the  said  commissioners,  then  the  body  of  hisTiafest"'"' 
all  and  every  such  offender  or  offenders  shall  be  adjudged,  taken  and  P'oiectiou,  ia 
deemed,  to  all  intents  [and]  purposes,  out  of  his  majesty's  protection  ; 
and  ever}'^  person  and  persons  that  shall  willingly  and  wit[i]ingly  help  Persons  not  to 
to  hide  or  shall  wittingly  and  willingly  receive,  detain  or  keep  secretly  nipis'.'ou''"  ' 
any  person  or  persons  so  demanded,  as  is  aforesaid,  shall  suffer  such  peuaity. 
imprisonment  or  pay  such  fine  as  to  the  court  of  assize  upon  conviction 
thereof  shall  seem  meet. 

[Sect.  6.]     And  t lie  said  commissioners,  or  the  greater  part  of  them,  CommisBionprs 
shall,  or  may,  at  any  time  after  the  issuing  of  such  commission,  as  they  in  ramVto'bn^it''^" 
tiu'ir  discretion  shall  think  lit.  award  a  warrant  to  the  slicrilf  of  the  b:'"krupta 
county,  his  under  shorilf  or  deputy,  to  apprehend  the  body  and  bodies  of 
the  said  bankrupt  and  liankrupts,  and  to  bring  him,  her  or  them  before 
the  said  commissicjiiers  wheresoever  the  said  party  or  jjarties  may  be 
found,  to  be  examined  by  the  commissioners,  or  the  greater  i)art  of  tliein. 

[Sect.  7.]     And  it  shall  be  lawful  for  the  said  commissioners,  or  the  CommisBionors 
greater  part  of  them,  or  any  other  person  or  persons,  ofllcer  or  ofTicers,  r"'m«  for  br^ak- 
by  them,  or  the  greater  part  of  them,  to  be  deputed  and  appointed  by  l.'f  "r'tp'*^" / 
their  warrant  or  warrants,  under  their  hands  and  seals,  to  break  open  any  j)aukrupt. 
the  house  or  houses,  chambers,  shops,  warehouses,  doors,  trunks,  or 
chests  of  the  said  bankrupt,  where  an}'  of  his  or  her  goods  or  estate  shall 
be,  or  be  reputed  to  be,  and  to  seize  upon  and  order  the  body,  goods, 
chatt[e]l[e]s,  ready  money,  and  other  estate  of  such  bankrupt,  whether 
it  be  by  imprisonment  of  his  or  her  body,  or  otherwise,  as  to  the  said  com- 
missioners, or  tbe  greater  part  of  them,  shall  be  thought  meet. 

[Sect,  y.]     And  it  shall  be  lawful  for  the  said  commissioners,  or  the  nanfcrupts  to  be 
greater  part  of  them,  to  examine  every  person,  against  whom  any  com-  "ih"'or'if°" 
mission  shall  be  awarded,  by  oatli,  or,  if  of  the  people  called  (Quakers,  by  QnakiTi.,  by 
solemn  affirmation,  upon  such  interrogatories  touching  such  i)ersons,  '''^'■™""""' 
lands,tenements,  hereditaments, goods, chatt[e]l[e]s,del)ts,  bills,  ])onds, 
books  of  accounts,  and  all  other  matters  relating  to  his  or  her  trade  and 
effects,  and  such  other  things  as  may  tend  to  disclose  his  or  her  estate,  or 
the  secret  grants,  conveyances  and  eloyning  of  his,  her  or  their  lands, 


32 


Province  Laws. — 1757-58.  [Chap.  12.] 


Wife  of  any 
bankrupt  may 
bo  fxamiucd. 


Or  any  person 
snspecteil  to  be 
indebted  to  any 
bankrupt,  &c. 


Bankrupts' 
answers  to  bo 
reduced  to 
writing. 

Bankrupts  or 
tlieir  wives  may 
be  imprisoned 
for  refusing  to 
answer. 


Warrant  for 
commitment  to 
specify  the 
question. 

Persons  com- 
mitted applying 
by  writ  of  habe- 
as corpus  to  bo 
discbarared,  may 
be  recommitted, 
in  case. 


Penalty  for  the 
jailer's  wilfully 
Buffering  an 
escape,  &;c. 


Penalty  for 
perjury  com- 
mitted by  the 
bankrupt. 


tenements,  hereditaments,  goods,  money,  and  debts,  as  they  shall  think 
meet ;  and  likewise  so  to  examine  the  wife  of  such  bankrupt,  for  the 
finding  out  and  discovery  of  the  estate,  goods  and  chatt[e]l[e]s  of  such 
bankrupt,  concealed,  kept  or  disposed  of  by  her  in  her  own  person,  or 
by  her  own  act  and  means,  or  by  any  other  person  or  persons  ;  and 
likewise  so  to  examine  any  person  supposed  or  suspected  to  be  indebted 
to  the  said  bankrupt,  or  to  have  any  of  the  goods,  chatt[e]l[e]s,  debts, 
estate  or  securities  of  such  bankrupt  in  his  or  her  custody,  use,  occu- 
pying, direction  or  command  ;  or  any  other  person  duly  summoned  or 
present  at  the  meeting  of  the  commissioners  touching  the  premis[s]es, 
and  any  acts  of  bankruptcy  committed  b^-  liim  or  her,  and  also  to  reduce 
into  writing  the  answers  of  such  bankrupt[s],  his  wife  or  other  person, 
which  examination  the  party  examined  is  required  to  subscribe. 

[Sect.  9.]  And  in  case  such  bankrujjt,  his  wife  or  other  person, 
shall  refuse  to  answer,  or  shall  not  fully  answer  to  the  satisfaction  of 
the  commissioners,  all  lawful  questions  put  by  the  commissioners,  or 
shall  refuse  to  subscribe  his  examination,  not  having  a  reasonable 
objection  to  the  wording  therec^f,  or  otherwise,  to  be  allowed  by  the 
commissioners,  it  shall  be  lawful  for  the  commissioners,  by  warrant,  to 
commit  him  or  her  to  such  prison  as  the  commissioners  shall  think. fit, 
there  to  remain  without  bail  until [1]  such  person  shall  submit  him-  or 
herself  to  the  commissioners,  and  full  answer  make,  to  the  satisfaction 
of  the  commissioners,  to  all  such  questions  as  shall  be  put  to  him  or  her, 
and  subscribe  such  examination  as  aforesaid. 

[Sect.  10.]  And  in  case  any  person  shall  be  committed  by  the  com- 
missioners for  refusing  to  answer  or  not  fully  answering  any  question, 
the  commissioners  shall,  in  their  warrant  of  commitment  specify  such 
question  ;  and  in  case  an}-^  person  committed  by  the  commissioners' 
warrant,  shall  bring  a  habeas  corpus  in  order  to  be  discharged,  and  there 
shall  appear  any  insufficiency  in  the  form  of  the  warrant,  it  shall  be  law- 
ful for  the  court  or  judge  before  whom  such  party  shall  be  brought  by 
habeas  corpus^  by  rule  or  warrant,  to  commit  such  person  to  the  same 
prison,  there  to  remain  until[l]  he  or  she  shall  conform  as  aforesaid, 
unless  it  shall  be  made  appear  that  such  person  hath  fully  answered  all 
lawful  questions  put  b}'  the  commissioners,  or,  in  case  such  person  was 
committed  for  not  signing  his  examination,  unless  it  shall  appear  that 
the  party  had  good  reason  for  refusing  to  sign  the  same. 

[Sect.  11.]  And  in  case  any  goaler,  to  whom  such  person  shall  be 
committed,  shall  wil[l]full3'  sutler  such  person  to  escape  or  go  without 
the  walls  or  doors  of  the  prison,  such  goaler  shall  for  such  offence,  being 
convicted  thereof  by  indictment  or  information,  forf[ie][ei]t  five  hun- 
dred pounds  for  the  use  of  the  creditors  ;  and  the  goaler  shall,  upon  re- 
quest of  any  creditor  having  proved  his  debt  and  produced  a  certificate 
thereof  under  the  hands  of  the  commissioners,  which  the  commissioners 
shall  give  gratis,  produce  such  person  so  committed  ;  and  in  case  such 
goaler  shall  refuse  to  shew  such  person  so  committed  and  being  in  his 
actual  custody  at  the  time  of  such  request,  to  such  creditor  requesting 
to  see  such  person,  such  goaler  shall  forfeit  an  hundred  pounds  for  the 
use  of  the  creditors,  to  be  recovered  by  action  of  debt  in  the  name  of 
the  creditor  requesting  sucii  sight. 

And  be  it  farther  enacted^ 

[Sect.  12.]  That  if,  upon  the  examination  of  such  bankrupt,  it  shall 
appear  that  he,  she  or  they  have  committed  any  wilful  or  corrupt  per- 
jury tending  to  the  hurt  or  damage  of  the  creditors  of  the  said  bank- 
rupt to  the  value  of  ten  pounds  or  above,  the  party  so  offending  shall  or 
may  thereof  be  indicted  in  his  majesty's  court  of  assize,  and  being  law- 
fully convicted  thereof,  shall  stand  in  the  pillory  one  hour,  and  have  one 
of  his  ears  cut  off. 


[2d  Sess.]  Province  Laws.— 1757-58.  33 

[Sect.  13.]    Aud  it  shall  and  may  be  lawful  for  such  commissioners,  commissioncra 
or  the  greater  part  of  them,  to  issue  proec^ss  against  the  wife  of  such  ^jf^; ^'J-' '"^y^"** 
bankrupt,  to  brhig  her  before  them  for  examination  ;  and  if  she  or  any  bankrupt  for 
other  person  duly  suunnoned  sliall  tail  of  appearing  before  the  said  com-  |.^^^nunauoa, 
missioners  at  the  time  and  [)laee  l\v  them  ai)p()inted,  they  shall  incur[r] 
such  danger  and  penalty  as  is  above  made  and  i)rovidcd  against  the 
l)anlvrupt  himself ;  and  the  lawful  costs  of  all  witnesses  shall  be  rateably 
born  by  the  creditors  of  such  baukrui)t,  according  to  the  proportion  of 
each  of  their  several  debts. 

And  be  it  farther  enacted, 

[.Si;CT.  14.]     That  if  any  bankrupt  shall,  upon  examination  before  Frauds  to  be 
the  s[a/]d  commissioners  executing  the  said  commission,  be  found  coun of  ^\'ie, 
fraudulently  or  deceitfully  to  have  conveyed  awa}'  his  or  her  goods,  &c. 
chatl[e]l[e]s,  lands,  tenements,  rents,  annuities  or  otiier  estate,  or  any 
part  thereof,  to  the  value  of  twenty  pounds  or  above,  to  the  end  and 
purpose  to  hinder  the  execution  of  this  act,  or  thereby  to  defraud  or 
delay  or  hinder  his  or  her  creditors  of  the  same,  and  shall  not,  upon 
examination,  discover  to  the  said  commissioners,  or  the  greater  part  of 
them  and,  if  it  be  in  his  or  her  power,  deliver  unto  the  said  commission- 
ers all  that  estate,  goods  and  chatt[c]l[e]s  so  fraudulently  conveyed  away 
as  aforesaid,  or  by  him  or  her,  his  or  her  means  ke[)t  or  detained  from 
the  said  connnissioners,  or  shall  not,  as  far  as  lies  in  his  or  her  power, 
convey  to  the  said  commissioners  all  his  or  her  estate,  being  out  of  this 
province,  to  be  disposed  of  b\'  the  said  commissioners  as  his  or  her 
other  estate  for  the  benelit  of  the  creditors,  shall  or  may  be  indicted  for 
such  fraud  or  abuse,  at  the  assizes  or  general  sessions  to  l)e  holden  before 
the  judges  of  assize  or  justices  of  the  peace  of  the  county  where  he  or 
she  shall  become  bankrupt,  and  the  bankrupt,  upon  conviction  thereof,  Penalty, 
shall  stand  in  the  pillory  one  hour,  and  have  one  of  his  cars  cut  off. 

A)id  be  it  further  enacted, 

[Sect,  lo.]     That  if  any  person  which  is  or  shall  be  a  bankrupt,  by  wiiere lands, 
the  intent  of  this  act,  shall  convey  or  procure,  or  cause  to  be  conveyed  uicnti^co''"  " 
to  any  person  or  persons  any  lands,  tenements,  hereditaments,  iiiin"- vMrfbi'^con"** 
ities,  leases,  goods,  chatt[e]l[e]s,  or  transfer  his  debts  into  other  men's  Bi'doratio  i,  the 
names,  except  the  same  shall  be  purchased,  conveyed  or  transferr[e]'d  m'"y  d'i^posi' of 
for  some   good   or   valuable   consideration,  it  shall  be  in  the  power  <'i''"''-;ra^- <<"■  the 
and  authority  of  the  commissioners  in  this  behalf  to  be  appointed,  or  ureOitoM. 
the  greater  part  of  them,  to  bargain,  sell,  grant,  convey,  demise  or 
otherwise  to  dispose  thereof,  in  as  ample  manner  as  if  the  said  bankrupt 
had  been  actually  seized  or  possessed  thereof,  or  the  debts  were  in  his 
own  name,  of  the  like  estate  or  interest,  to  his  or  their  own  use,  at  such 
lime  as  he  or  she  became  bankrupt,  and  that  every  such  grant,  bargain, 
sale,  conveyance  and  disposition  of  the  said  commissioners,  or  the 
greater  part  of  them,  shall  be  good  and  available  to  all  intents,  con- 
structions and  purposes  in  the  law  against  the  offender  and  olfenders, 
his  heirs,  exe[c»<]ors,  adm[//u'siA<^]ors  and  assigns,  and  such  persons  as 
shall  be  subject  to  this  act,  and  against  all  other  person  or  persons 
claiming  by,  from  or  under  such  otfender  or  offenders,  or  such  said 
other  persons  to  whom  such  conveyance  shall  be  mA^  by  the  bankrupt, 
or  by  his  means  or  procurement. 

And  be  it  further  enacted, 

[Sect,  lo.]     That  if  any  person  or  persons  being  known,  supposed  Persons  detain, 
or  suspected  to  have  or  detain  any  part  of  the  lands,  tenements,  heredit-  Jf^miy  bank-'* 
aments,  goods,  chatt[e]l[e]s  or  debts  of  the  said  bankrupt,  or  to  be  j,X'i,u.d''tiiaf 
indebted  to  or  for  his  or  her  benefit,  sliall  not  upon  examination  dis-  on  oxaminaiioa 
close  and  plainly  declare  and  shew  the  whole  truth  of  such  things  as  he  ciosi  "be  witoio 
or  the}' shall  be  examined  of  concerning  the  premisses  to  his  knowledge,  truth,  to  pay 
then  every  such  person  or  persons,  upon  due  proof  thereof  to  be  made  of  lauds.'&c!' "° 


34 


Province  Laws. — 1757-58. 


[Chap.  12.] 


Forfeitures  to 
be  distributed 
for  the  payment 
of  creditors. 


Persons  fraud- 
ulently claiming 
or  recovering 
debts,  &e.,  of 
any  person 
deemed  or  ad- 
judifcd  a  bank- 
rupt, to  forfeit 
double  as  much 
as  ^liall  be 
claimed  or 
demanded. 


Persons 
ititrusted  and 
wilfully  con- 
co:iliug  tbe 
ostnte  of  any 
banlcrupt,  to  be 
iined  £100. 


Persons  com- 
mitting wilful 
perjury,  to  be 
indicted,  &c. 


Penalty. 

St.  5Eliz.,ch.  9. 


Sums  of  money 
forfeited  to  be 
recovcicd  by 
creditors. 


before  the  said  commissioners,  or  the  greater  part  of  them  so  to  be 
appointed  as  is  aforesaid,  by  witness,  examination  or  otherwise,  as  to 
the  said  commissioners,  or  the  greater  part  of  them,  shall  seem  suffi- 
cient in  that  behalf,  shall  lose  and  forfeit  double  the  value  of  all  such 
goods,  chatt[e]l[e]s,  wares,  merchandizes  and  debts  by  them,  or  any  of 
them,  so  concealed,  and  not  wholly  and  plainly-  declared  and  shewed, 
which  forfeiture  shall  be  levied  by  the  said  commissioners,  or  the  greater 
part  of  them,  of  the  lands,  tenements,  hereditaments,  goods  and  chat- 
t[e]l[e]s  of  such  person  not  disclosing  the  whole  truth  as  is  aforesaid, 
by  such  waj's  and  means,  and  in  such  manner  and  form,  as  is  before 
limit [^]ed  and  appointed  for  the  principal  offender  or  offenders,  debtor 
or  debtors,  and  the  same  forfeiture  or  forfeitures  to  be  distributed  or 
employed  to  and  for  the  satisfaction  and  payment  of  the  debts  of  the 
said  creditor  or  creditors,  in  such  like  manner,  rate  and  form  as  is 
above  declared  concerning  the  ordering  of  the  lands,  tenements,  goods 
and  chatt[e]![e]s  of  such  debtor  or  debtors  as  is  aforesaid. 

And  be  it  further  enacted, 

[Sect.  17.]  That  if  at  any  time  before  or  after  such  voluntary  dec- 
laration to  the  secretaiy,  or  that  au}^  such  person  or  persons  depart  the 
province,  keep  his  or  their  houses,  or  otherwise  absent  him-  or  them- 
selves, or  suffer  him-  or  themselves  to  be  arrested  or  imprisoned,  or 
escape  as  is  aforesaid,  any  person  or  persons  fraudulently,  by  coven  or 
collusion,  claim,  demand  or  recover  any  debts,  duties,  goods,  chat- 
t[e]l[e]s,  lands  or  tenements  which  were  or  shall  be  due  belonging  or 
appertaining  to  any  such  bankrupt  or  bankrupts,  other  than  such  as  he 
or  they  can  or  do  prove  to  be  due  by  right  and  conscience  in  form  afore- 
said for  money  paid,  wares  delivered,  or  other  just  consideration  or 
cause  reasonable,  to  the  just  value  thereof,  before  the  said  commission- 
ers so  to  be  appointed,  or  the  greater  part  of  them,  as  is  aforesaid,  and 
the  same  to  proceed  bona  fide  without  fraud  or  coven,  that  then  every 
such  person  or  persons  so  craftily  demanding  and  claiming  any  such 
debt,  duty  or  other  thing  as  is  aforesaid,  shall  forfeit  and  lose  double  as 
much  as  he  or  they  shall  so  claim  and  demand,  which  said  forfeiture  shall 
be  recovered,  levied  and  employed  in  manner  and  form  as  is  before 
rehearsed. 

[Sect.  18 .]  And  every  person  who  shall  have  accepted  any  trust,  and 
shall  wilfully  conceal  any  estate  of  any  bankrupt,  and  shall  not,  within 
forty-two  days  after  such  commission  shall  issue  and  notice  given  in 
the  public[k]  newspapers,  discover  such  trust  and  estate  in  writing  to 
one  of  the  commissioners  or  assignees  hereafter  mentioned,  and  submit 
to  be  examined  thereupon,  if  required,  shall  forfeit  one  hundred  pounds 
and  double  the  value  of  the  estate  concealed  to  the  creditors. 

[Sect.  19.]  And  if  any  person  or  persons  other  than  the  bankrupt, 
either  by  subornation,  unlawful  procurement,  sinister  perswasion,  or 
means  of  any  other,  or  by  his  own  act,  consent  or  agreement,  shall  wil[l]- 
fuUy  and  corruptly  commit  any  manner  of  wilful [1]  perjury  by  his  depo- 
sition to  be  taken  before  the  s[ai]d  commissioners,  or  the  greater  part 
of  them  as  aforesaid,  that  then  the  party  or  parties  so  offending,  and 
all  and  every  person  and  persons  that  shall  unlawfall}^  and  corruptly 
procure  any  such  unlawful,  wilful  [1]  and  corrupt  perjury,  shall  or  may 
therefor  be  indicted  in  his  majesty's  superiour  court,  and  after  his  or 
their  conviction  thereof,  shall  incur  such  forfeiture,  and  receive  and 
suffer  such  pains  and  punishments,  as  are  limited  by  the  statute  made 
concerning  perjury  in  the  fifth  year  of  the  reign  of  Queen  Elizabeth. 

And  he  it  further  enacted, 

[Sect.  20.]  That  all  and  every  sum  and  sums  of  money  which  shall 
be  forfeited  by  force  of  this  act,  shall  be  sued  for  and  recovered  by  the 
said  creditors  only,  or  any  of  them  that  will  sue  for  the  same,  by  action 


[2d  Sess.]  Pkovlnce  Laws. — 1757-58.  35 

of  debt,  bill,  plaint  or  information  in  any  of  his  majesty's  courts  of  rec- 
ord, and  the  sum  and  sums  of  money  so  recovered,  the  charges  of  suit 
being  deducted,  shall  be  distributed  and  divided  towards  the  payment 
of  the  said  creditors. 

Provided,  cdways, — 

And  he  it  enacted^ 

[Sect.  21.]  That  if  it  shall  happen  that  the  creditors  of  any  such  Proviso  relating 
bankrupt  as  is  aforesaid  be  i)aid  and  satislied  their  debts  and  duties  of  '» ''^'•''eiiu'-'-a. 
or  with  the  proper  lands,  tenements,  goods,  chatt[(']l[e]s  and  debts  of 
the  said  bankrupt,  or  of  or  with  the  same  and  some  part  of  the  forfeit- 
ures of  the  said  double  values  to  be  forfeited  as  is  aforesaid,  and  that 
there  shall  remain  an  overplus  of  the  said  forfeiture  of  the  said  double 
values,  that  the  said  overplus  shall,  b}'  the  said  commissioners  so  exe- 
cuting the  said  commission,  be  paid  to  the  treasurer  of  this  province  for 
the  use  thereof. 

A)idbe  it  further  enacted, 

[Sect.  22.]  That  the  commissioners  of  bankrupts  or  the  greater  Commissioners 
part  of  them  shall  have  power  to  grant  and  assign,  or  otherwise  to  p^osoof debt's,'* 
order  or  dispose  all  or  any  of  the  debts  due,  or  to  be  due,  to  and  for  the  *^°  •  Jj-''^'® 

T  •  .     1  •  1    1         1  1  1  •       benctit  of 

beneht  oi  the  saitl  bankrupt,  by  wiiat  person  or  persons  soever,  or  ni  banisrupu. 
what  manner  and  foim  soever,  to  the  use  of  the  creditors  of  the  saiil 
bankrupt ;  and  that  the  same  grant,  assignment  or  disposition  of  the 
said  debts,  in  form  hereafter  mention[f]'d,  by  the  said  commissioners, 
or  the  greater  part  of  them,  shall  so  vest  the  property,  right  and  inter- 
est of  the  said  debt  and  debts,  in  the  person  or  persons  of  him.  her 
or  them  to  whom  it 'shall  be  granted,  assigned  or  ordered  by  the  said 
commissioners,  or  the  greater  part  of  them,  as  fully  to  all  intents  and 
purjwses  as  if  the  bill,  bond,  bonds,  recognizances,  judgment  or  con- 
tract whereui)on  the  said  debt  or  debts,  deed  or  deeds  shall  arise  or 
grow,  had  l)eeu  made  to  or  with,  or  for,  the  said  person  or  persons  to 
whom  the  same  shall  be  so  granted,  assigned  or  disposed  by  the  said 
commissioners  ;  and  that  after  such  grant,  assignment  or  disposition 
made  of  the  said  debts,  that  neither  the  bankrupt,  nor  any  other  to 
whom  such  del)t[6]  shall  be  due,  shall  have  power  to  recover  the  same, 
nor  to  make  any  release  or  discharge  thereof;  neither  shall  the  same  be 
attached  as  the  debt  of  the  bankrupt,  or  such  said  other  person  or  per- 
sons, to  whom  the  same  shall  be  due  by  any  other  person  or  persons ; 
but  that  the  party  or  parties,  to  whom  the  same  debt  shall  be  assigned, 
shall  have  like  remedy  to  recover  the  same,  as  full}'  and  lawfully,  in 
the  name  or  names  of  the  person  or  persons  to  whom  the  same  shall  be 
so  granted,  assigned  or  ordered  by  the  said  commissioners,  in  all  re- 
spects and  puri)oses,  as  the  party  hunself  might  have  had. 

Provided  alicaj/s, — 

[Sect.    23.]      Tliat    no    debtor    of    the    bankrupt    hereby   be   en-  Proviso  respect. 
danger[e]'d  for  any  payment  truly  and  bond  fide  made  to  any    such  "^  *^  ^°"' 
bankru[)t  before  such  time  as  he  shall  understand  or  know  that  he  is 
become  a  liankrupt. 

Provided,  (dso, — 

And  be  it  farther  enacted,  -  * 

[Sect.  24.]     That  such  of  the  said  commissioners  as  shall  put  the  Commissioners 
saitl  commission   in  execution  shall,  upon  lawful[l]  request  to  them  tilmt) any*^ '"^*' 
made  bv  the  said  bankrupt,  not  only  make  a  true  declaration  to  the  i>"'i<"'i>t"f  the 

•  1   1      'i  ^1  1       •  11  •  1  •       1  cmplosMtig  or 

saul  bankrupt  of  the  employing  and  bestowing  of  his,  her  or  tlieir  said  bestowing  of 
lands,  tenements  [and]  heieditamonts,  goods,  wares,  chatt[f']l[(']s  and  wb "n  i^r. wfuMy'* 
debts  which  shall  be  paid  and  satislied  to  their  said  creditors,  but  also  requested, 
make  payment  of  the  overplus  of  tlic  same,  if. any  such  there  be,  to  the 
said  bankrupt,  their  executors,  administrators  and  assigns,  and  that 
the  said  bankrupts,  after  the  full  satisfaction  of  the  said  creditors,  shall 


36 


Province  Laws.— 1757-58.  [Chap.  12.] 


Creditors 
petitioning  for  a 
commission  of 
■banliruptcy  to 
prosecute  the 
same  at  their 
own  cost  until 
assisrnccs  shall 
be  chosen. 


Public  notice  to 
be  given  the 
creditors  of  any 
bankrupt  of  the 
time  and  place 
of  meeting  for 
the  choice  of 
assignees,  &c. 


Assignees 
appointed  by 
commissionr^rs 
may  bo  removed 
at  tlio  meeting 
of  creditors,  &c. 


Forfeiture  for 
neglect  of 
assignees. 

Commander-in- 
chief,  with 
advice  of  the 
council,  to  make 
order  for  the 
choice  of  now 
assignees,  &c. 


have  full  power  and  authority  to  recover  and  receive  the  residue  and 
remainder  of  the  debts  to  them  owing,  anything  in  this  act  contained  to 
the  contrary  in  any  wise  notwithstanding. 

A7id  be  it  further  enacted, 

[Sect.  25.]  That  the  creditors  who  shall  petition  for  a  commission 
of  bankruptcy  shall  be  obliged,  at  their  own  costs,  to  prosecute  the 
same  until[l]  assignees  shall  be  chosen  ;  and  the  commissioners  shall, 
at  the  meeting  appointed  for  the  choice  of  assignees,  ascertain  such 
costs,  and  by  writing  shall  order  the  assignees  to  reimburse  such  peti- 
tioning creditors  out  of  the  first  effects  of  the  bankrupt  that  shall  be 
got  in,  and  the  commissioners  shall  forthwith,  after  they  have  declared 
the  person  a  bankrupt  and  caused  notice  thereof  to  be  given  in  the  pub- 
lic [k]  newspapers,  appoint  time  and  place  for  the  creditors  to  meet,  in 
order  to  choose  assignees ;  at  which  meeting  the  commissioners  shall 
admit  the  proof  of  any  creditor's  debt  that  shall  live  remote  from  the 
place  of  such  meeting  by  affidavit  or  solemn  affirmation,  and  permit 
any  person  duly  authorized  by  letter  of  attorney  (oath  or  affirmation 
being  made  of  the  execution  thereof,  either  by  an  affidavit  sworn  or 
affirmation  made  before  a  justice  of  the  peace  or  before  the  commis- 
sioners viva  voce,  and  in  case  of  creditors  residing  in  distant  parts, 
such  affldavit[t]s  or  affirmations  shall  be  made  before  a  magistrate 
where  the  party  shall  be  residing,  and  shall,  together  with  such  credit- 
or's letters  of  attorney,  be  attested  b}'  a  notary  publick)  to  vote  in  the 
choice  of  assignees  in  the  jilaco  of  such  creditor,  and  the  commissioners 
shall  assign  such  bankrupt's  estate  unto  such  persons  as  the  major  part 
in  value  of  such  creditors,  according  to  the  debts  then  proved  shall 
choose ;  and  the  assignees  shall  be  obliged  to  keep  books  of  account, 
wherein  they  shall  enter  all  sums  of  money  or'  other  effects  which  they 
shall  have  received  out  of  said  bankrupt's  estate,  to  which  books  every 
creditor  shall  have  free  resort,  and  no  creditor  or  other  person  on 
behalf  of  any  creditor  shall  be  permitted  to  vote  in  such  choice  of 
assignees  whose  debt[s]  shall  not  amount  to  ten  pounds. 

[Sect.  2G.]  And  it  shall  be  lawful  for  the  commissioners  imme- 
diately to  appoint  assignees,  which  assignees  shall  be  removed  at  the 
meeting  of  the  creditors  for  choice  of  assignees,  if  the  major  part  in 
value  of  them  then  present  and  if  such  persons  authorized  as  aforesaid 
shall  think  fit ;  and  such  assignees  as  shall  be  removed  shall  deliver  up 
the  said  bankrupt's  effects  and  estate  unto  the  assignees  chosen  by  the 
creditors ;  and  if  such  first  assignees  shall  neglect  by  the  space  of  ten 
da3's,  after  notice  in  writing,  to  make  such  assignment  and  delivery, 
every  such  first  assignee  shall  forfeit  two  hundred  pounds  to  be  dis- 
tributed amongst  the  creditors  and  to  be  recovered  by  such  person  as 
the  commissioners  shall  appoint  to  sue  for  the  same. 

[Sect.  27.]  And  it  shall  be  lawful  for  the  commander-in-chief,  with 
the  advice  of  his  majesty's  council,  upon  petition  of  the  creditors,  to 
make  such  order  for  the  choice  of  new  assignees  as  he,  with  such  advice, 
shall  think  just ;  and  in  case  a  new  assignment  shall  be  ordered,  then 
such  effects  of  such  bankrupt  shall  be  thereby  effectually  vested  in  such 
new  assignees,  and  it  shall  be  lawful  for  them  to  sue  for  the  same  in 
their  names,  and  to  give  acquittance  for  debts,  as  the  assignees  in  the 
former  assignment  might  have  done  ;  and  the  commissioners  shall  cause 
publick  notice  to  be  given  in  the  Boston  newspapers  that  shall  imme- 
diately follow  the  removal  of  such  assignees  and  the  appointment  of 
others  ;  and  before  the  creditors  shall  proceed  to  the  choice  of  assign- 
ees, the  major  part  in  value  of  the  creditors  present  shall,  if  they  think 
fit,  direct  how  and  with  whom  the  monies  to  be  received  out  of  the 
bankrupt's  estate  shall  remain  until[l]  the  same  be  divided,  to  which 


[2d  Sess.]  Province  Laavs.— 1757-58.  37 

rule  such  assignees'  shall  conform  as  often  as  fifty  pounds  shall  be 
got  in. 

[Sect.  28.]     And  the  persons  chosen  assignees  shall,  after  the  expi-  Assignees  to 
ration  of  four  mouths  and  williin  twelve  months  from  the  time  of  issu-  fhey,','bVi7n'"w8. 
intr  such  commission,  cause  twcntv-onc  days'  notice  to  be  given  in  the  papers  of  the 

'"',,  „    ,         ■  ■,!,;  ••  ^  •  linic  ana  place 

publick  newspapers  of  tbe  time  and  place  the  commissioners  and  assign-  of  commission- 
ees  intend  to  meet  and  make  a  dividend,  at  which  time  the  creditors  ^"neesJmc'cting 
who  have  not  before  proved  tbeir  debts  shall  be  at  liberty  to  prove  the  to-makc  <iivu 
same ;    and   upon   every  such   meeting   the   assignees   shall   produce  *^'""^'  ^'^' 
accounts  of  their  receipts  and  payments,  and  of  what  still  shall  remain 
outstanding,  and  shall,  if  the  creditors  present  require  the  same,  be 
examined  upon  oath  or  solemn  aflirmation  touching  the  truth  of  such 
accounts,  and  the  assignees  shall  be  allowed  all  just  allowances  ;  and 
the  commissioners  shall  order  such  part  of  the  neat  produce  of  the  said 
bankrupt's  estate  in  the  hands  of  [tlie]  said  assignees,  as  they  shall  think 
fit,  to  be  divided  amongst  the  creditors,  and  shall  make  such  order  for 
a  dividend  in  writing,  and  shall  cause  one  part  of  such  order  to  be  filed 
amongst  the  proceedings  under  the  commission,  and  shall  deliver  unto 
each  of  the  assignees  a  dui)licate  of  such  order,  which  order  shall  con- 
tain an  account  of  the  time  and  place  of  making  such  order,  and  the 
sum  total  of  the  debts  proved,  and  the  sum  total  of  the  money  remain- 
ing in  the  hands  of  the  assignees,  and  how  much  in  the  pound  is  then 
ordered  to  be  paid  ;  and  the  assignees,  in  pursuance  of  such  order,  shall 
forthwith  make  such  dividend  and  take  receipts  in  a  book  from  each 
creditor. 

rSECT.  29.1     And  it  shall  be  lawful  for  the  assignees,  with  the  consent  AsMtmccs,  with 

«.  .-■,.  ,  „   .,  T.  .       ,  ..  the  ronseiit  of 

of  the  major  part  in  value  of  the  creditors  present  at  an}'  meeting,  pur-  the  major  part 
suant  to  notice  in  the  public[k]  newspapers,  to  submit  any  dilference  °os\'ibmirany"' 
between  such  assignees  and  any  person  whatsoever,  b}'  reason  of  an}'  difTcronce  to 
matter  relating  to  such  bankrupt,  to  the  determination  of  arbitrators,  "'"'''^"tioii. 
or  otherwise  to  compound  the  n>atter[s]  in  difference  as  the  assignees, 
with  such  consent,  can  agree.     And  the  assignees  are  impow[e]red,  with 
consent  of  creditors,  to  make  composition  with  any  debtors  to  such 
bankrupts  wliere  the  same  shall  appear  necessary. 

[Sect.  30.]     And  the  commissioners  shall  appoint,  within  the  time  Times  for  com- 
rimit[^]ed  for  the  bankrupt  to  surrender  and  conform  as  aforesaid,  not  mming^^wi'thin 
less  than  three  meetings,  the  last  of  which  shall  be  on  the  day  limit[«]ed  !.|j'^ '''"''. '.'"l!^^'* 
for  such  bankrupt's  appearance,  and  three  weeks'  notice  shall  be  given  rupttosurren- 
in  the  pul)li{'[k]  newspapers  of  the  time  and  place  of  such  meetings;  dcr himself, 
and  it  shall  ])e  lawful  for  them  to  enlarge  the  time  for  such  person's  sur- 
rendering himself  and  discovering  his  eflccts,  not  exceeding  fifty  days 
from  the  end  of  the  time  limit [/]cd  as  aforesaid,  so  as  such  order  for 
cnlarg[c]ing  the  time  be  made  six  days  before  the  time  on  which  such 
person  was  to  surrender  himself. 

[Sect.  31.]  And  every  such  bankrupt,  after  assignees  shall  be  Bnnkmptsto 
appointed,  shall  deliver,  upon  oath  or  aflirmation  before  a  justice  of  the  assiVnocs^on 
peace,  unto  such  assicrnees,  all  his  books  of  accounts  and  writings  not  o^ih,  hooks  of 

I  '  ~  ^  ~  nccouiitt  &c. 

seized  by  the  messenger  of  the  commission  or  not  before  delivered  up 
to  the  commissioners  and  then  in  his  power  and  discover  such  as  arc 
in  the  power  of  any  other  person  that  anyways  concern  his  estate  ;  and 
every  such  bankrupt  not  in  prison  shall,  after  such  surrender,  be  at 
liVierty  and  shall  attend  sucli  assignees,  upon  notice  in  writing,  in 
order  to  assist  in  making  out  the  accounts  of  the  estate. 

[Sect.  32.]  And  every  bankrupt  having  surrendered  shall,  at  all  Anyhankrnpt 
seasonable  times  before  the  expiration  of  the  said  first  limited  time  llorolni'imsdf" 
aforesaid  or  such  further  lime  as  shall  be  allowed  to  finish  his  examina-  'o  have  ubcny 

,  .   fi       .       .        ■  .    ,  •     1         1  1  •.•  •      ,1  „  to  inspect  nis 

tion,  be  at  lilierty  to  inspect  his  ])ooks  and  writings  in  the  presence  of  books,  &r, 
eomc  person  to  be  appointed  by  the  assignees,  and  to  bring  with  him 


38 


Province  Laws.— 1757-58.  [Chap.  12.] 


Bankrupts  to  be 
free  from  arrests 
in  coming  to 
Burreuder,  &c. 


Penalty,  &c. 


Any  'bankrupt 
that  shall  be  in 
custody  when 
commission  is 
issued,  &c. 

Expense  of 
examination, 
how  to  be  paid. 

Bankrupts  in 
execution  to  be 
attended  in 
prison. 

Allowance  to 
bankrupts  who 
shall  surrender 
a.nd  conform  to 
this  act. 


Bankrupts  to  be 
discharged  from 
all  debts  owing, 
&c. 

Bankrupts 
impleaded,  &c., 
to  be  discharged 
on  common  bail. 

Bankrupt  may 
plead  in  general, 
&c. 


Allowance  to 
bankrupts 
where  their 
estate  will  not 
pay  10s.  in  the 
pound. 
Bankrupts' 
bodies  to  be 
free  from 
arrests,  &c. 


Future  estate 
liable  to  credit. 
ors. 


for  his  assistance  such  persons  as  he  shall  think  fit,  not  exceeding  two 
at  one  time,  and  to  make  extracts  and  copies  to  enable  him  to  make  a 
full  discovery  of  his  effects ;  and  the  said  bankrupt  shall  be  free  from 
arrests  in  com[e]ing  to  surrender  and  from  actual  surrender  for  such 
time  as  shall  be  allowed  for  finishing  his  examination :  provided^  such 
bankrupt  was  not  in  custody  at  the  time  of  surrender.  And  in  case 
such  bankrupt  shall  be  arrested  for  debt  or  on  an}^  escape  warrant, 
coming  to  surrender  or  after  his  surrender,  within  the  time  before  men- 
tioned, then,  on  producing  such  summons  or  notice,  under  the  hands  of 
the  commissioners  or  assignees,  and  giving  the  officer  a  copy  thereof, 
he  shall  be  discharged ;  and  in  case  any  officer  shall  detain  such  bank- 
rupt, such  officer  shall  forfeit  to  such  bankrupt,  for  his  own  use,  five 
pounds  for  every  day  he  shall  detain  him  ;  and  in  case  any  bankrupt  be 
in  custod}^  at  the  time  of  issuing  tlie  commission,  and  is  willing  to  sub- 
mit to  be  examined,  and  can  be  brought  before  the  commissioners  and 
creditors,  the  expence  thereof  to  be  paid  out  of  the  bankrupt's  estate ; 
but  in  case  such  bankrupt  is  in  execution,  or  cannot  be  brought  before 
the  commissioners,  then  the  commissioners  shall  attend  the  bankrupt  in 
custody  and  take  his  discovery  ;  and  the  assignees  shall  appoint  per- 
sons to  attend  such  bankrupt  in  prison  and  produce  his  Iiooks  and 
writings  in  order  to  prepare  his  discovery,  a  copy  wdiereof  the  assign- 
ees shall  apply  for  and  the  bankrupt  shall  deliver  to  their  order  ten 
days  before  such  last  examination. 

[Sect.  33.]  And  all  bankrupts  who  shall  surrender  and  conform, 
as  by  this  act  is  directed,  shall  be  allowed  five  per  cent  out  of  the  neat 
produce  of  the  estate  that  shall  be  received,  in  case  the  neat  produce  of 
the  estate,  after  such  allowance  made,  shall  be  sufficient  to  pay  ten 
shillings  in  the  pound,  and  so  as  the  said  five  per  cent  shall  not  amount 
to  above  two  hundred  pounds  ;  and  in  case  the  neat  produce  of  the 
estate  shall  be  sufficient  to  pay  twelve  shillings  and  sixpence  in  the 
pound,  then  all  the  persons  so  [per] [co??] forming  shall  be  allowed  seven 
pounds  ten  shillings  per  cent,  so  as  such  allowance  shall  not  amount  to 
above  two  hundred  and  fifty  pounds  ;  and  in  case  the  neat  produce  shall, 
over  and  above  the  allowance,  be  sufficient  to  pay  fifteen  shillings  in  the 
pound,  then  persons  so  conforming  shall  be  allowed  ten  per  cent,  so  as 
such  ten  per  cent  shall  not  amount  to  above  three  hundred  pounds  ;  and 
every  such  bankrupt  shall  be  discharged  from  all  debts  owing  at  the  time 
he  did  become  bankrupt. 

[Sect.  34.]  And  in  case  such  bankrupt  shall  afterwards  be  impleaded, 
for  any  debt  due  before  he  became  bankrupt,  such  bankrupt  shall  be 
discharged  upon  common  bail  and  may  ])lea(l  in  general  that  the  cause 
of  action  did  accrue  before  such  time  as  he  became  bankrupt ;  and  the 
certificate  of  such  bankrupt's  conforming  and  the  allowance  thereof 
shall  be  sufficient  evidence  of  the  trading  bankruptcy  commission  and 
other  proceedings  precedent  to  the  obtaining  such  certificate  :  unless  the 
plaintiff  can  prove  the  said  certificate  was  obtained  unfaiil}-,  or  make 
appear  any  concealment  by  such  bankrupt  to  the  value  of  ten  pounds. 

[Sect.  35.]  And  if  the  neat  proceeds  of  such  bankrupt's  estate  shall 
not  amount  to  ten  shillings  in  the  pound,  such  bankrupt  shall  not  be 
allowed  the  five  per  cent,  but  shall  be  allowed  so  much  as  the  assignees 
and  commissioners  shall  think  fit,  not  exceeding  three  per  cent. 

[Sect.  36.]  And  in  case  any  commission  of  bankruptcy  shall  issue 
against  any  person  who  shall  have  been  discharged  by  virtue  of  this  act, 
or  shall  have  compounded  with  his  creditors,  or  delivered  to  them  his 
effects  and  been  released  by  them,  or  been  discharged  by  any  act  for 
the  relief  of  insolvent  debtors,  then  the  body  only  of  such  person  con- 
forming shall  be  free  from  arrest  and  imprisonment,  but  the  future  estate 
of  such  person  shall  remain  liable  to  his  creditors,  the  tools  of  trade. 


[2d  Sess.]  Province  Laws.— 1757-58.  39 

necessary  hons[e]holcl  goods  nnrl  iicccssai'v  wearing  apparel[l]  of  siicli  Exception, 
bankrupt  and  his  wife  and  cliildron  excrpted  :  unless  the  estate  of  such 
person  shall  produce,  clear,  fifteen  shillings  in  the  pound. 

And  be  it  further  enacted, 

[Sect.  37.]     That  no  discovery  shall  intitle  such  bankrupt  to  the  Bankrupt  not 
benefits  allowed  by  this  act,  unless  the  coraniissioners  or  the  major  part  {lu^'jJJienTof 
of  them  shall,  under  their  hands  and  seals,  certify  to  the  commander-  tbis  act,  unless, 
in-chief,  that  such  bankrupt  hath  made  a  full  discovery  of  his  estate, 
and  in  all  things  conformed  himself  according  to  the  directions  of  this 
act  and  that  there  doth  not  appear  to  them  any  reason  to  doubt  of  the 
truth  of  such  discovery  ;  and  unless  the  greater  part  in  number  and  in  Certificate  to  be 
value  of  the  creditors,  who  shall  be  creditors  for  not  less  than  ten  gixauViprlnof 
pounds,  respectively,  or  some  other  person  by  them  duly  authorized,  crcaiiois,  &c. 
shall  sign  such  certificate  ;  and  the  commissioners  shall  not  certify  'till  Commissioners 
they  shall  have  proof  by  affidavit  or  affirmation,  in  writing,  of  such  thoy'iiavo'proof 
creditors  or  of  the  persons  J)y  them  authorized  signing  the  certificate,  by  affidavit,  &c 
and  of  the  power  by  which  any  i)erson  shall  be  authorized  to  sign  for 
any  creditor  (which  affidavit  or  affirmation  together  with  such  author- 
ity to  sign  shall  be  laid  before  two  of  the  justices  of  the  superiour 
court  with  the  said  certificate),  and  unless  such  bankrupt  make  oath  or  Bankmptto 
solemn  aifirmation,  in  writing,  that  such  certificate  was  obtained  with-  ^'ruiicatc'w^s'' 
out  fraud,  and  unless  such  certificate  shall,  after  such  oath  or  affirma-  obtained  wiih- 
tion,  be  allowed  by  two  of  the  s[a<"]d  justices  ;  and  any  of  the  creditors  ""^  '^''"  ' 
of  such  bankrupti.s]  may  be  heard,  if  they  think  fit,  against  the  making 
such  certilicate  and  against  the  confirmation  thereof;  and  every  security  Security  jnven 
to  be  given  to  the  use  of  any  creditor  as  a  consideration  to  persuade  "j^^,nie''ccnif" 
him  to  sign  such  certificate  shall  be  void,  and  the  party  sued  on  such  icKtc,  to  be  void, 
contract  may  plead  the  general  issue  and  under  it  give  this  special  mat- 
ter in  evidence. 

[.Skct.  .38.]     And  nothing  in  this  act  shall  give  any  advantage  to  Notbin^  in  thia 
any  bankrupt  who  shall  have  lost,  in  one  day  the  value  of  forty  shil-  a^uantaiic'to 
lings,  or  in  the  whole  the  value  often  pounds  within  twelve  months  bankrupts,  &c. 
next  preceeding  his  becora[e]ing  bankrupt,  at  cards,  dice  or  other  game, 
or  hath  born  a  share  in  the  stakes  or  betting. 

[Sect.  3;).]     And  if  an}-  bankrupt  who  shall  obtain  his  certificate  Any  bankrupt 
shall  be  taken  in  execution  and  detained  in  prison,  on  account  of  an}'  o\^iI!,ufurob! 
debts  contracted  before  he  became  a  bankrupt,  l)y  reason  that  judgment  tainin;,' a  certif- 
was  obtained  before  such  certificate  was  allowed,  it  shall  be  lawful  for  ciiargcd,  &c.'* 
any  one  of  the  judges  of  the  court  wherein  judgment  hath  been  so 
ol)tained,  on  such  bankrupt  producing  his  certificate  allowed,  to  order 
any  sheriff  or  goaler,  who  shall  have  such  bankrupt  in  his  custody,  to 
discharge  such  bankruj)!  without  fee;  and  upon  certificate,  under  the  On  certificate  of 
bands  and  seals  of  the  commissioners  that  such  commission  is  issued  S'^immi'ifs'ioa 
and  such  person  proved  before  them  to  become  bankrupt,  it  shall  be  i"  '■^sued,  &c., 
lawful   for  any  of  his  majesty's  justices  of  the  superiour  court,  or  of  iupirior"cour't, 
the  courts  of  common  pleas,  and  they  are  hereby  required,  upon  appli-  ^aVranf'^''"' 
cation  made,  to  grant  their  warrants  for  apprehending  such  person,  and 
him  to  commit  to  the  common  goal  of  the  county  where  he  shall  be 
apprehended,  and  there  to  remain  until [1]  he  be  removed  by  the  order 
of  the  commissioners;  and  the  goaler,  to  whose  custody  such  person  Any  bankrupt 
shall  be  committed,  is  required  to  give  notice  to  one  of  the  commission-  ",\Tmiu7ni%  sc" 
ers  of  such  person  being  in  his  custody;  and  if  any  person  so  appre-  to  iiav.- iiu- 
bended  shall,  within  the  time  allowed,  submit   to   be  examined  and  act".*^ ' 
conform  as  if  he  had  surrendered,  such  perscJh  shall  have  the  benefit  of 
this  act,  as  if  he  had  voluntarily  come  in. 

[Sect.  40.]  And  every  person,  who  shall,  after  the  time  allowed  to  rergons  making 
such  bankrupt,  voluntarily  make  discovery  of  any  part  of  such  bank-  aiTJwcd? ' '° ''^ 
riipt's  estate,  not  before  come  to  the  knowledge  of  the  assignees,  shall  be 


40 


Province  Laws. — 1757-58.         [Chap.  12.] 


Persons  taking 
bills,  &o.,  may 
petition  for  a 
commission  or 
bankruptcy. 
No  commission 
of  bankruptcy 
to  bo  awarded 
on  a  single 
debt  less  than 
£50. 


Persons  peti- 
tioninsr  to  make 
oath  and  give 
bond. 


Secretary,  in 
certain  cases,  to 
assign  bond. 

Any  bankrnpt 
giving  security 
to  such  person 
as  shall  sue  out 
a  commission 
for  payment  of 
more  in  the 
pound  than  the 
other  creditors, 
new  commis- 
sion to  issue. 


Penalty  for  any 
bankrupt  swear- 
ing or  affirming 
that  any  money 
is  due  which  is 
not. 


Bankrupts  to 
attend  assignees 
to  settle  ac- 
counts, &c. 


Upon  neglect  to 
be  committed, 
&c. 


allowed  live  per  cent,  and  such  further  reward  as  the  assignees  and  the 
major  part  of  the  creditors  in  value  present  at  any  meeting  of  the 
creditors,  shall  think  fit. 

[Sect.  41.]  And  it  shall  be  lawful  for  persons  taking  bills,  notes  or 
other  securit}',  for  money  paj-able  at  a  future  day,  to  petition  for  a 
commission,  or  join  in  petitioning. 

[Sect.  42.]  And  no  commission  of  bankruptcy  shall  be  awarded 
unless  the  single  debt  of  the  creditor,  or  of  more  persons  being  part- 
ners petitioning  for  the  same,  amount  to  fifty  pounds,  or  unless  the 
debt  of  two  creditors  petitioning  amount  to  sevent3--five  pounds,  or 
unless  the  debt  of  more  creditors  petitioning  amount  to  an  hundred 
pounds  ;  and  the  creditors  petitioning  shall,  before  the  same  be  granted, 
make  affidavit  or  solemn  affirmation  before  a  justice  of  the  peace  of 
the  truth  of  their  debts,  and  give  bond  to  the  secretary  of  the  province 
in  the  penalty  of  a  hundred  pounds,  to  be  conditioned  for  proving  their 
debts,  as  well  before  the  commissioners  as  upon  a  trial  at  law,  in  case 
the  due  issuing  forth  of  the  same  shall  be  contested,  and  also  for  prov- 
ing the  party  a  bankrupt,  and  to  proceed  on  such  commission  as  herein 
is  mentioned  ;  and  if  such  debts  shall  not  be  really  due,  or  if,  after  such 
commission  taken  out,  it  cannot  be  proved  that  the  party  was  a  bank- 
rupt, then  the  seci'ctary  shall,  upon  request  of  the  party  grieved,  assign 
such  bond  to  the  party  who  may  sue  for  the  same  in  his  own  name. 

[Sect.  43.]  And  if  any  bankrupt  shall,  after  issuing  of  any  com- 
mission against  him,  pay  the  person  who  sued  out  the  same,  or  deliver 
to  such  person  goods  or  security  for  his  debt,  whereby  such  person 
suing  out  such  commission  shall  privatel}^  have  more  in  the  pound  than 
the  other  creditors,  such  payment,  delivery  of  the  goods  or  giving 
security  shall  be  deemed  an  act  of  bankruptcv,  whereby  such  commis- 
sion shall  be  super[c]  [.s]edcd  ;  and  it  shall  be  lawful  for  the  coinmander- 
in-chicf,  with  advice  as  aforesaid,  to  award  to  any  creditors  petition- 
[ing][ed]  another  commission,  and  such  person  receiving  such  good:i 
or  other  satisfaction  shall  forfeit  as  well  his  whole  debt  as  the  whole  he 
shall  have  received,  and  shall  pa}'  back  and  deliver  up  the  same,  or  the 
full  thereof  to  be  divided  amongst  the  other  creditors  ;  aud  where  it 
shall  appear  that  there  hath  been  mutual  credit  given,  or  mutual  debts 
between  the  bankrupt  or  any  other  person,  the  commissioners  or 
assignees  shall  state  the  account,  and  one  debt  may  set  against  another, 
and  [the']  only  [the]  bal[l]ance  of  such  account  shall  be  claimed  or 
paid. 

[Sect.  44.]  And  if  any  person  shall,  before  the  commissioners,  or 
liy  affidavit  or  affirmation  exhibited  to  them,  swear  or  affirm  that  any 
sum  of  money  is  due  to  him  from  any  bankrupt,  which  is  not  reall}'  due, 
knowing  the  same  to  be  not  due,  and  being  convicted  by  indictment  or 
information,  such  person  shall  suffer  as  in  case  of  wilful  [1]  perjury, 
and  shall  be  liable  to  pay  double  the  sum  so  sworn  or  affirmed  to  be 
due. 

[Sect.  4.5.]  And  after  such  bankrupt  shall  have  obtained  his  certif- 
icate and  the  same  shall  be  confirmed,  such  bankrupt  shall  be  obliged, 
upon  notice  in  writing,  to  attend  the  assignees  in  order  to  settle  any 
account  of  such  bankrupt's  estate,  cr  to  attend  any  court  of  record  to 
be  examined  touching  the  same,  or  for  such  other  business  which  such 
assignees  shall  judge  necessary  for  getting  in  the  bankrupt's  estate,  for 
which  attendance  the  bankrupt  shall  be  allowed  two  shillings  per  diem ; 
and  in  case  such  bankrupt  shall  neglect  to  attend,  or  refuse  to  assist 
in  such  discovery,  without  good  cause  to  be  shewn  to  the  commissioners, 
to  be  l\y  them  allowed,  such  assignees  making  pi'oof  thereof,  upon  oath 
or  solemn  affirmation  before  the  commissioners,  the  commissioners  are 
hereby  required  to  issue  a  warrant  to  such  person[s]  as  they  shall  think 


[2d  Sess.]  Province  Laavs.— 1757-58.  41 

proper,  for  apprehending  such  bankrupt,  and  him  to  commit  to  the  county 
goal,  there  to  remain  in  close  custody  until [1]  he  shall  conform  to  the 
satisfaction  of  the  commissioners  and  be  by  the  commissioners,  or  by 
due  course  of  law,  discharged  ;  and  such  goaler  is  required  to  keep  such 
persou  in  close  custody  within  the  walls  of  the  prison,  under  the  penal- 
ties l)efore  mentioned  ibr  snlfcrino;  such  prisoner[.s]  to  escape. 

[Si:cT.  4(j.]     And  within  eighteen  months  attcr  the  issuing  of  an}'  Timcformnking 
such  commission,  the  assignees  shall  make  a  second  dividend,  in  case  Uowi""*^'^'^'* 
the  estate  was  not  wholly  divided  upon  the  first,  and  shall  cause  notice  And  notice  of 
to  be  inserted  in  all  the  publick  Boston  newspapers,  for  three  weeks  bo^^Ifveii 'llf cos. 
successively,  of  the  time  and  place  the  commissioners  intend  to  meet,  to  ton  newspapers, 
make  a  second  dividend,  and  ibr  the  creditors  who  shall  not  before  have     °' 
proved  their  del)ts  to  come  and  prove  the  same  ;  and  at  such  meeting  Assisneoson 
every  assignee  shall  produce,  upon  oath  or  aflirmation,  his  accounts,  an(l  ac"ou'n'i!)r"'"*^° 
what  u[ion  the  ])al[l]ance  shall  appear  to  be  in  his  hands  shall,  by  like 
orders  of  the  commissioners,  be  fortliwith  divided,  which  second  dividend  Scconri  fiivhicnd 
shall  be  final,  unless  any  suit  shall  be  depending,  or  any  part  of  the  ulil^Jgal"'''' 
estate  standing  out,  or  unless  some  future  estate  of  the  bankrupt  shall 
afterwards  come  to  the  assignees,  in  which  case  the  assignees  shall,  as 
soon  as  may  be,  convert  such  future  estate  into  money,  and  shall  within 
two  months  after,  b}'  the  like  order  of  the  commissioners,  divide  the 
same. 

[Sect.  47.]     And  no  lessee  of  lands,  grazier  or  drover,  or  receiver  Noiosspcof 
of  taxes,  shal[l]  be  intitled,  as  such,  to  the  benefits  given  by  this  act,  or  bo'.'ielmca  '" 
be  deemed  a  bankrupt.     And  upon  the  petition  of  any  person,  the  com-  bankrupt. 
mandcr-in-chicf  ma}'  order  such  commissions,  depositions,  proceedings  Commandcr.in. 
and  certificates  to  be  ent[e]red  of  record  ;  and  in  case  of  the  death  of  uon/to  order 
the  witnesses  proving  such  bankruptcy,  or  in  case  the  said  commissions  ^"minissions, 
or  other  things  shall  be  lost,  a  copy  of  the  record[.s]  of  such  commis-  record,  &c. 
sions   or   tliing^s,    signed   and   attested   as   herein  is  mentioned,  may 
be  given  in  evidence  to  prove  such  commissions  and  l)ankruptcy,  or 
other  tilings  ;  and  all  certilicates  to  be  allowed  and  ent[e]red  of  record,  Cortificatos 
or  a  true  copy  of  every  certificate,  signed  and  attested  as  herein  is  niM^beViven'in 
mentioned,  shall  and  may  be  given  in  evidence  in  any  [of  thel  courts  of  ''^'''7":''  ""less 
record,  and  without  further  proof,  taken  to  be  a  bar  and  discharge  obtained, 
against  an}'  action  for  any  debt  conti'acted  before  the  issuing  of  such 
commission,  unless  any  creditor  of  the  person  that  hath  such  certificate 
shall  prove  that  such  certificate  was  fraudulently  obtained;  and  the  pipHcaoftho 
several  clerks  of  the  inferiour  courts  of  common  pleas  where  said  bank-  torXnUorn! 
rupt  last  dwelt,  shall,  in  their  several  odiccs,  enter  of  record  such  com-  missions, &c 
mi'^sions  and  other  things  and  have  the  custody  of  the  entries  thereof, 
and  all  persons  shall  l)e  at  liberty  to  search  and  have  copies  of  them  ; 
and  there  shall  not  be  paid  out  of  the  estate  of  the  bankrupt  any  monies  T^xpongcsfor 
for  cxpences  in  eating  or  drinking  of  the  commissioners  or  of  any  other  drlnkiiTg  not  to 
persons,  at  the  times  of  the  meetings  of  the  commissioners  or  creditors  :  bopaid'outof 

1  I       1    I         I     II    I  1  .  1        t      n  •  „    ,  the  bankrupt 8 

and  no  schedule  shall  he  annexed  to  any  deed  of  assignment  of  the  per-  estate,  &c. 
sonal  estate  of  such  liankrupt ;  and  if  any  commissioner  shall  order 
such  expence  to  be  made,  or  eat  or  drink  at  the  charge  of  the  creditors 
or  out  of  the  estate  of  such  liankrupt,  or  receive  above  five  shillings 
each  commissioner  for  each  day  on  which  they  shall  meet,  every  such 
commissioner  shall  be  disabled  to  act  in  any  commission  of  bank- 
rupts. 

[Sect.  48.]  And  the  commissioners  shall  not  be  capable  of  acting 
nnlil[l]  they  have  respectively  taken  an  oath  to  the  clfcct  following ; 
viz-'^., — 

T,  A.  r>.,  do  swear  that  T  will  faithfully,  impartially  and  honestly,  accord-  f'omralssloner'B 
ing  to  the  best  of  my  skill  and  knowledge,  execute  the  several  powers  and  "''^''' 


42 


Province  Laws. — 1757-58.  [Chap.  12.] 


Commissioners 
to  administer 
oath  to  each 
other. 

Commissions  of 
bankruptcy  not 
to  al)ate  by  the 
demise  of  liis 
majesty,  &c. 


Action,  &c., 
brou^lit  against 
any  commis- 
sioner, &c. 


Defendant  may 
plead  not  guilty, 
&c. 


Plaintiff  admit- 
ted  to  reply,  &c. 

Trial  to  be  by 
verdict  of  twelve 
men. 

Costs. 


Proviso  in  case 
of  any  banlj- 
rupt's  death, 
&c. 


Commissioners, 
orthe  major  part 
of  Ibem,  have 
power  by  deed 
indented.  Sec, 
to  grant  and 
sell  lands,  &c. 


Grants,  &c.,  to 
be  good  against 
bankrupts  and 
their  heirs,  &c. 


trusts  reposed  in  me  as  a  commissioner  in  a  commission  of  bankruptcy  against 
,  and  that  witliout  favour  or  affection,  prejudice  or  malice.     So 
help  me  God. 

— which  oath  any  two  of  the  commissioners  are  impow[e]red  to  admin- 
ister to  each  other,  and  they  are  required  to  keep  a  memorial  thereof, 
signed  by  them,  amongst  the  proceedings  on  each  commission. 

[Sect.  49.]  And  no  commission  of  bankruptcy  shall  abate  by  the 
demise  of  his  majesty,  his  heirs  or  successors,  but  shall  continue  in 
force,  and  if  it  shall  be  necessary  to  renew  any  commission  by  reason 
of  the  death  of  the  commissioners  or  any  other  cause,  such  commission 
shall  be  renewed,  and  only  the  fees  usually  paid  shall  be  paid  for  such 
renewed  commission. 

And  be  it  further  enacted^ 

[Sect.  50.]  That  if  any  action  of  trespass  or  other  suit  shall  happen 
hereafter  to  be  brought  against  any  commissioner,  or  any  other  person 
or  persons  having  authority  by  virtue  or  under  the  commission  author- 
izing the  said  commissioner  for  the  doing  or  executing  any  matter  by 
force  of  this  act,  that  the  defendant  or  defendants  in  any  such  action  or 
suit  may  plead  not  guilty  or  otherwise  justify  that  the  act  or  thing, 
whereof  the  plaintiff  or  plaintiffs  complained,  was  done  by  the  authority 
of  this  act,  without  expressing  or  rehearsal  of  any  other  matter  of  cir- 
cumstance contained  in  this  act,  and  without  inforc[e]ing  him  or  them 
to  shew  forth  their  commission  authorizing  the  said  act  or  thing, 
whereunto  the  plaintiff  shall  be  admitted  to  reply,  that  the  defendant 
did  the  fact  supposed  in  the  declaration  of  his  own  wrong,  without  any 
such  cause  allodged  by  the  defendant,  whereupon  the  issue  in  such 
action  shall  be  joined,  to  be  tried  by  verdict  of  twelve  men,  and  upon 
the  trial  of  that  issue  the  whole  matter  may  be  given  by  both  parties  in 
evidence  according  to  the  very  truth  of  the  same ;  and  if  [the']  verdict 
upon  such  issue  shall  pass  for  the  defendant,  the  defendant  shall  have 
costs. 

Provided,  ahvays, — 

And.  he  it  further  enacted, 

[vSect.  51.]  That  if,  after  any  commission  of  bankruptcy  hereafter 
sued  forth  and  dealt  in  by  the  commissioners,  the  bankrupt  happen  to 
die  before  the  commissioners  shall  distribute  tlie  goods,  lands  and 
debts  of  the  bankrupts  or  any  of  them,  by  force  of  this  act,  that  then, 
nevertheless,  the  said  commissioners  shall  and  may  in  that  case  proceed 
in  execution,  in  and  upon  the  said  commission,  for  and  concerning  the 
bankrupt's  goods,  lands,  tenements,  hered[e][i] laments  and  debts  in 
such  sort  as  they  might  have  done  if  the  bankrupt  were  living. 

And  he  it  further  enacted, 

[Sect.  52.]  That  the  said  commissioners  or  the  major  part  of  them 
shall  have  power,  by  virtue  of  this  act,  by  deed  indented  and  duly 
registred  within  two  months  after  the  making  thereof  in  the  county 
where  such  lands  lie,  to  grant,  bargain,  sell  and  convey  any  lands, 
tenements  or  hereditaments,  whereof  any  banki'upt  is  or  shall  be  in 
any  ways  seized  of  any  estate  intail,  in  possession,  reversion  or 
remainder,  and  whereof  no  reversion  or  remainder  is  or  shall  be  in  the 
king's  majestj',  his  heirs  or  successors,  to  any  person  or  persons  for  the 
relief  and  benefit  of  the  creditors  of  all  such  bankrupts  ;  and  that  all 
and  every  such  grants,  bargains,  sales  and  convc3'ances  shall  be  good 
and  available  in  the  law  to  such  person  or  persons  and  their  heirs, 
against  the  said  bankrupt,  and  against  all  and  every  the  issues  of  the 
body  of  such  bankrupts,  and  against  all  and  every  person  or  persons 
claiming  any  estate,  right,  title  or  interest  by,  from  or  under  the  said 
bankrupts,  after  such  time  as  such  person  shall  become  bankrupt,  and 
against  all  and  every  other  person  or  persons  whatsoever,  whom  the 


[2d  Sess.]  Provixce  Laws.— 1757-58.  43 

said  bankrupt,  by  common  rccovpiy  or  other  waj's  or  means  might 
cut[t]  off  or  debar  from  any  remainder,  reversion,  rent,  profit,  title  or 
possibility  into  or  out  of  any  the  said  lands,  tenements  or  heredita- 
ments. 

And  be  it  further  enacted, 

[Sect.  o3.]    That  if  any  person,  that  now  is  or  shall  hereafter  become  Bj»nkrnptfl  con- 
a  bankrupt,  have  heretofore  granted,  conveyed  or  assured,  or  shall  at  &c.."jn  con/' 
any  time  hereafter  grant,  convey  or  assure,  any  lands,  tenements,  here-  if^^^^^^^^^^j 
ditamonts,  goods,  chatt[e]l[e]s  or  other  estate  unto  any  person  or  per- 
sons, upon  condition  or  power  of  redemption  at  a  day  to  come,  by  pa}-- 
ment  of  money  or  otherwise,  or  have  by  law  a  right  of  redemption 
therein,  or  where  bonds  shall  be  given  for  reconveyance  of  any  real 
estate,  upon  payment  of  money  or  other  thing  at  a  certain  day,  that  it 
shall  and   may  be  lawful  to  and  for  the  said  commissioners  or  the 
greater  part  of  them,  before  the  time  of  the  performance  of  such  con- 
dition or  agreement  or  right  of  redemption  be  expired,  to  assign  and 
appoint,  under  their  hands  and  seals,  such  person  or  persons  as  they  Comtnis^ioners 
shall  think  fit,  to  make  tender  or  payment  of  money  or  other  perform-  poXTs^tomaka 
ance  according  to  the  nature  of  such  condition,  agreement  or  right  of  tender,  &c. 
redemiition,  as  fully  as  the  l)ankrupt  migiit  have  done;  and  that  the  After  tender,  ^ 
said  commissioners  oi*  the  greater  part  of  them,  shall,  after  such  tender,  power  to  dis- 
payment  or  performance,  have  jiower  to  sell  and  dispose  of  such  lands,  pose  of  lands, 
tenements,  hereditaments,  goods  and  chattels   and   other   estates   so 
granted,  conveyed  or  assured  upon  condition,  to  and  for  the  benefit  of 
the  creditors,  as  fulh'  as  they  ma}'  sell  or  dispose  of  any  the  estate  of 
the  ])ankrupt. 

Provided,  further^ — 

[Skct.  /)4.]     That  no  purchaser  for  good  and  valuable  consideration  rroviso. 
shall  be  impeached  by  virtue  of  this  act,  unless  the  commission  to  prove 
him  or  her  a  l)aiikrupt  be  sued  forth  against  such  bankrupt  within  five 
years  after  he  or  she  shall  become  a  bankrupt. 

And  be  it  further  enacted, 

[Si:cT.  r)o.]     That  the  discharge  of  any  bankrupt,  by  force  of  this  Discharee  of 
act,  from  the  delUs  by  him  owing,  at  the  time  that  he  did  become  a  bank-  by^thuVc't"not 
rupt,  shall  not  be  construed  to  discharge  any  other  person  who  was  «<>  extend  to  his 
partner  with  the  bankrupt  in  trade,  or  stood  jointl}'  bound,  or  had  made 
any  Joint  contract,  together  with  such  bankrupt. 

[Skct.  ;")(;.]     And  every  person,  who  shall  give  credit,  on  securities  PerBons giving 
])ayablc  at  future  days  to  persons  who  are  or  shall  become  bankrupts,  eecuHtTos,  &c., 
111)011  good  consideration,  b')na  fide,  for  monev  or  other  thing  not  due  pnyaiiie  at  a 
before  the  time  of  such  i)erson's  becoming  bankrupt,  shall  he  admitted  have  a  dividend, 
to   prove   their   securities   or   agreements,    as    if    they   wero   payable  '^°' 
presently,  and  shall  have  a  dividend  in  proportion  to  the  other  credit- 
ors, discounting  six  per  cent  from  the  actual  payment  to  the  time  such 
money  would  have  become  due,  and  the  bankrupt  shall  be  discharged 
from  such  securities  as  if  such  money  had  been  due  before  the  time  of 
his  becoming  bankrupt. 

And  be  it  further  enacted, 

[Sect.  57.]     That  when  any  persons  shall  fraudulently  swear  or  wiion  persons 
depose,  or  being  of  the  people  called  (Juakers  affirm,  before  the  major  uu^ntiy  "wear 
part  of  the  commissioners  named  in  any  commission  of  l)ankrup[^icy  orninrm, and 
or  by  allidavitor  alfirmation  exhibited  to  them,  that  a  sum  of  money  is  Uio" Hsc'harire of 
due  to  him  or  her  from  any  liankrui^t  or  bankruiits,  which  shall  in  fact  "">"  bankrupt, 
not  be  really  and  truly  so  due  or  owing,  an<l  shall,  in  respect  of  such 
fictitious  and  pretended  debt,  sign  his  or  her  consent  to  the  certificate 
for  such  bankrupt's  discharge  from  his  (lel)ts,  that  in  every  such  case, 
unless  such  bankrupt  shall,  before  such  time  as  the  major  part  of  the 


the  act. 


44  Province  Laws.— 1757-58.  [Chap.  12.] 

said  commissioners  shall  have  signed  such  certificate,  by  writing  b}'  him 
to  be  signed  and  delivered  to  one  or  more  of  the  said  commissioners, 
or  to  one  or  more  of  the  assignees  of  his  estate  and  effects  under  sucli 
commission,  disclose  the  said  fraud  and  object  to  the  reality  of  such 
debt,  such  certificate  shall  be  null  and  void  to  all  intents  and  purposes, 
and  such  bankrupt  shall  not  in  that  case  be  [e]  [?']  ntitled  to  be  dis- 
charged from  his  debts,  or  to  have  or  receive  any  of  the  benefits  or 
allowances  given  or  allowed  to  bankrupts  by  this  act,  anything  herein 
contained  to  the  contrary  thereof  in  anywiscnotwithstanding. 
Limitation  of  [Sect.  58.]     This  act  to  bc  and  Continue  in  forcc  for  five  ycars  from 

the  publication  of  it,  and  no  longer.     [^Passed  August  31;  published 
September  1. 

"To  the  Right  Hon^e  the  Lords  of  the  Committee  of  his  Maj'y'^  most  Honbio 
Privy  Council  for  Plantation  Affairs. 

My  Lords, 

Your  Lordships  having  heen  pleased  by  yoiir  Order  dated  the  O'li  of 
May  last  to  refer  to  our  consideration  fifty-seven  acts  pass'd  in  the  Province  of  the 
Massachusets  Bay  in  the  years  175G  and  1757,  amongst  which  there  is  one  entitled, 

An  Act  for  providing  Remedy  for  Bankrui)ts  and  their  Creditors:  and  several 
of  the  principal  Merchants  trading  to  the  said  Province,  apprehensive  that  their 
interests  would  be  greatly  affected  by  this  Act,  having  made  application  to  be 
heard  against  it,  We  thought  it  our  duty  to  take  it  into  our  immediate  considera- 
tion And  having  accordingly  been  attended  by  the  said  Merchants  as  well  as  by 
the  Agent  for  the  Massaclmsets  Bay  and  heard  what  each  party  bad  to  offer  for 
and  against  the  said  Act,  We  beg  leave  to  report  to  Your  Lordships  thereupon; 

That  it  appears  to  us,  upon  consideration  of  the  whole  matter,  that  a  Bankrupt 
Law,  though  it  be  just  and  equitable  in  it's  Abstract  principle,  has  always  been 
found  in  it's  execution  to  afford  such  opportunities  for  fraudulent  practices  that 
even  in  this  Cotintry,  where,  in  most  causes,  the  whole  number  of  Creditors  are 
resident  on  the  spot,  it  may  well  be  doubted,  whether  the  fair  Trader  does  not  re- 
ceive more  detriment  than  benefit  from  such  Law.  But  if  a  like  Law  should  take 
place  in  a  Colony,  where  (as  we  are  inform'd)  not  above  a  tenth  part  of  its  Credit- 
ors are  resident,  and  where  that  small  proportion  of  the  whole,  both  in  number 
&  value,  might  (as  under  the  present  Act  they  might)  upon  a  Commission  being 
issued,  get  possession  of  the  Bankrupts  Effects,  and  proceed  to  make  a  dividend, 
before  the  Merchants  in  England  who  make  the  other  nine  tenths  of  the  Bank- 
rupts Creditors  could  ever  be  informed  of  such  Bankruptcy,  it  is  easy  to  foresee 
that  such  a  Law  can  be  beneficial  to  the  very  small  part  of  the  Creditors  resident 
in  the  Colony  only  and  that  the  nine  tenths  of  them  who  reside  here  would  be 
exposed  to  frauds  and  difficulties  of  every  sort  and  might  be  greatly  injured  iu 
their  properties. 

For  these  reasons  We  beg  leave  to  lay  the  said  Act  before  your  Lordships,  with 
our  humble  opinion,  that  it  should  forthwith  receive  His  Majesty's  Disallowance. 

We  are,  My  Lords,  Your  Lordships  most  obed'  &  most  humble  Servants. 

Dunk  Halifax. 
Whitehall       J  James  Oswald, 

June  21),  1758.)  Soame  Jenyns." 

—  Report  of  the  Lords  of  Trade  to  the  Lords  of  the  Committee  of  the  Frwy  Council: 
"Mass.  Bay,  B.  T.,"  vol,  85, p.  1,  in  the  Public-Record  Office- 


[3d  Sess.]  riiovixcE  Laws.— 1757-58.  45 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-third  day  of  November,  A.  D. 

1757- 


CHAPTER    13. 

AN  ACT  IN  ADDITION  [TO]  AN  ACT,  INTITfJ7]LED  "AN  ACT  FOK,  KEGU- 
LATINO  THE  HOSPITAL  ON  RAINSFOIID'S  ISLAND,  AND  FURTHER 
PROVIDING  IN  CASE  OF  SICKNESS." 

"WiiKREAS,  in  and  by  an  act,  intit[vf]led  "An  Act  for  regulating  the  rreamoie. 
hospital  on  Rainsford's  Island,  and  further  providing  in  case  of  sick-  noo-57,chap.33, 
ness,"  it  is  provided,  "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  b}-  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  infectious  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  hos[)ital  or  house  aforesaid, 
there  to  be  taken  care  of."     But  no  penalty  is  annexed  to  the  breach  of 
the  afore-recited  paragrai)h  of  said  act;  wlrcrcfnre, — 

Be  it  emicted  hij  the  Gooernour,  Council  and  House  of  Jlepresentatives, 
That  when  any  ship  or  other  vessel,  wherein  any  infectious  sickness  is  Justices  of  tho 
or  hath  lately  been,  shall  come  to  any  port  or  harbour  in  this  province,  mvw'i^Tfci'tioua 
and  either  two  justices  or  the  selectmen  of  the  place  shall  order  the  said  vi-^hoIh  or  per- 
vessel  to  the  province  hospital,  and  the  master  or  mariners  of  such  hosiniai.  ° 
vessel  shall  refuse  or  delay,  by  the  space  of  six  hours  after  said  order 
given  to  said  master  or  either  of  the  owners  of  said  vessel  or  of  the 
factors  of  either  of  said  owners,  to  come  to  sail,  if  wind  and  weather 
permit,  in  order  to  proceed  to  said  hospital,  the  master  of  said  vessel 
sliall  forfeit  and  pay  the  sum  of  one  liundred  pounds  and  suffer  six  Penalty  for  dis. 
months'  imprisonment;  one  half  of  said  line  to  he  to  the  informer  or  theai,™'^*"** 
prosecutor,  and  the  other  half  to  the  poor  of  the  town  or  district  to 
which  such  port  or  harbour  belongs,  the  olfendor  to  be  jirosecuted  in  any 
court  of  justice  pro|)or  to  try  the  same.     [Fassed  January  25 ;  pub- 
lished January  2G,  1758. 


46 


Pkovince  Laws.— 1757-58.    [Chaps.  14, 15.] 


CHAPTER   14. 

AN  ACT  FOR  RAISING  THE  SUM  OF  ONE  THOUSAND  TWO  HUNDRED 
POUNDS  BY  LOTTERY,  FOR  BUILDING  AND  MAINTAINING  A  BRIDGE 
OVER  SACO  AND  PESUMPSCOT  RIVERS,  IN  THE  COUNTY  OF.  YORK. 


Lottery  allowed 
to  bo  set  up  for 
builrlingf  ami 
maintaining  a 
bridge  over 
Saco  and 
Presumpscot 
rivers,  in  tlie 


Preamble.  Whereas  the  eastern  part  of  said  county  of  York  has  been  for- 

merly broke  up  by  the  enemy,  and  the  getting  troops  to  their  relief 
is  extreamly  difficult,  if  not  impracticable,  in  some  seasons  of  the  .year, 
there  being  no  passing  in  boats  or  any  other  way  over  the  rivers  of  Saco 
and  Pesumpscot[t],  and  the  building  a  bridge  over  said  rivers  will  be 
of  public  service, — 

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

[Sect.  1.]  That  Sir  William  Pepperrell,  Baronet,  Daniel  Moulton, 
Edward  Milliken,  Joseph  Sayer  and  Rushworth  Jordan,  Esq"., 
Mess[ieM]rs  Benjamin  Chadbnrn  and  Stephen  Longfellow  or  any  three 
of  them  be  and  hereby  are  allowed  and  impowcred  to  set[tj  up  and 
carry  on  a  lottery  or  lotteries,  which  shall  amount  to  such  a  sum  as,  by 
couiity  of  York,  deducting  ten  per  cent  out  of  each  prize,  will  raise  the  sum  of  one  thou- 
sand two  hundred  pounds,  to  be  appl[y][ijed  by  them  or  any  three  of 
them,  towards  building  and  maintaining  a  good  and  sufficient  bridge 
over  each  of  said  rivers  of  Saco  and  Pesumpscot[t],  at  or  near  the  lower 
falls  of  said  rivers,  and  for  dcfreying  the  necessary  charges  of  the  lot- 
tery aforesaid. 

And  the  said  Sir  William  Pepperrell,  Daniel  Moulton,  Edward  Milli- 
ken, Joseph  Sayer,  Rushworth  Jordan,  Esq".,  Benjamin  Chadbnrn  and 
Stephen  Longfellow  or  any  three  of  them  may  and  hereby  are  impow- 
ered  to  make  all  necessary  rules  for  the  regular  proceeding  therein,  and 
shall  be  stvorn  to  the  faithful [1]  discharge  of  their  trust  aforesaid,  and 
be  answerable  to  the  owners  of  the  ticket[t]s  and  for  any  deficiency  or 
misconduct;  and  that  the  monies  so  raised  shall  be  appl[y][^Jed  for 
the  uses  and  purposes  aforesaid  and  no  other. 

[Sect.  2,]  And  if  the  sum  raised  shall  be  more  than  sufficient,  after 
paying  of  the  charges  of  the  lottery,  to  build  the  said  bridges,  the  sur- 
plusage shall  be  lodged  in  the  hands  of  the  treasurer  of  the  county  of 
York,  to  be  drawn  out  and  appl[y][«']ed  towards  repairs  of  the  said 
bridges.     [_Passed  January  11,  1758. 


CHAPTER    15. 


AN  ACT  FOR  INCORPORATING  A  NECK  OF  LAND  CALLED  MER[B]ICONEAa 
NECK,  AND  CERTAIN  ISLANDS  ADJACENT  IN  THE  COUNTY  OF  YORK, 
INTO  A  SEPERATE  DISTRICT  BY  THE  NAME  OF  IHARPSWELL\. 

Preamble.  Whereas  the  inhabitants  of  Mer[r]iconeag  Neck  and  the  islands 

adjacent  have  humbly  represented  to  this  court  the  difficulties  and  great 
inconvenienc[i]es  they  labour  under  in  their  present  situation,  and  have 
earnestly  requested  that  they  may  be  invested  with  the  powers,  privi- 
leges and  immunities  of  a  district ;  therefore, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives^ 
Lands  in  tbe  [Sect.  1.]     That  the  Said  neck  of  land,  beginning  where  Brunswick 

county  of  York  j^^^^  intersects  the  upper  end  of  said  neck,  which  is  four  rods  above  the 


[3d  Sess.]  Province  Laws. — 1757-58.  47 

narrows  of  said  nock,  commonly  called  the  carr3'ing  place,  from  thence,  crootcd  into  a 
including  the  \vhole  of  said  neck,  down  to  the  sea,  together  with  the  ^''*'^'"''^'- 
islands   adjacent    hereafter    mentioned;    viz^"^.,    Great    Sebascodegin  Bounds  thcrcot 
Island  alias  Shapleigh's  Island,  J.ittle  Si'bascodegin  Island  and  Will's 
Island  lying  to  the  southeast  side  of  said  neck,  Birch  Island,  White's 
Island  and  the  two  Goose  Islands  lying  on  the  northwest  side  of  said 
neck,  and  Uaraariscove  Islands  lying  at  the  lower  end  of  said  neck,  be 
and  herel)y  are  incorporated  into  a  seperatc  district  by  the  name  of 
Ilarpswoll. 

[vSect.  2.]     And  the  inhabitants  of  said  neck  of  land  and  islands  Their  powers, 
shall  be  and  hereby  are  invested  with  all  the  jiowers,  privileges  and  ^'^' 
immunities  that  the  several  towns  in   [the]  [tins']  province  by  law  do 
or  may  enjoy,  that  of  sending  a  representative  only  excepted. 

And  be  it  further  enacted,, 

[Sect.  3.]  That  John  Minot,  Esq[uire],  be  and  hereby  is  impowered  inhawtanu, 
to  issue  his  warrant  to  some  principal  inhabitant  of  the  said  district,  uouiicd.'"^ 
requiring  him,  in  his  majesty's  name,  to  warn  and  notify  the  said  inhab- 
itants (lualified  to  vote  in  town  affairs,  to  meet  together  at  such  time  and 
place  in  said  district,  as  by  said  warrant  shall  be  appointed,  to  chuse 
such  otlicers  as  the  law  directs  and  may  be  necessary  to  manage  the 
atlairs  of  said  district ;  and  the  said  inhabitants  being  so  met  shall 
be  and  hereby  are  impowered  to  chuse  officers  accordingly.  [^Passed 
January  25  ;  imhlished  January  2G,  1758. 


CHAPTEE    16. 

AN  ACT  MAKING  PROVISION  FOR  THE  QUARTERING  AND  BILLETING 
RECRUITING  OFFICERS  AND  RECRUITS  IN  HIS  MAJESTY'S  REGULAR 
FORCES  EMPLOYED  FOR  THE  PROTECTION  AND  DEFENCE  OF  HIS 
MAJESTY'S  DOMINIONS  IN  NORTH  AMERICA. 

Whereas  the  provision  made  by  this  government  for  quartering  his  Preamble, 
majesty's  troops  in  barracks  at  Castle  William  is  found  inconvenient 
for  the  pur[K)ses  of  such  recruiting  parties  as  are  or  may  be  employed 
in  his  majesty's  service  within  this  province, — 

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

[Sect.   1.]     That  when,  and  so  often  as,  during  the  continuance  of  Recruiting 
this  act,  application  shall  be  made,  by  any  recruiting  officer  or  officers  ni%7i(ation,  to 
in  any  of  the  troops  that  are  or  ma}'  be  employed  in  his  majesty's  ser-  iiavoqu:irtor« 
vice  for  the  i)rotcction  and  defence  of  his  majesty's  colonies  upon  the  Ju'Vt'im-n,'or,'i?» 
continent  of  North  America,  to  any  of  the  selectmen  of  any  town  or  dis-  jji\'^i,"'!;."yf  t^e 
trict  within  this  province,  or  in  the  default  or  absence  from  the  respect-  stieotmon,  i.y  a 
ive  towns  and  districts  of  any  selectmen,  to  anyone  justice  of  the  peace  m-m-e?  on  public 
for  the  comity  inhabiting  in  or  near  such  town  or  district,  such  selectmen  i'"u«f8  wii.>  are 

,  ,     .       ;.  ,       '^,  •        1  ,  ,  ,   1  -ii    ,  1  .    .  to  fiiniish  tlic'tn 

and  such  justice  are  hereby  required  to  quarter  and  billet  such  recruiting  with  diet,  &e. 
ollicers  and  such  recruits  in  his  majesty's  service  in  any  of  the  public 
houses  within  such  town  or  district  licenced  for  the  selling  within  doors 
wine,  rum  or  other  strong  liquors  by  retail ;  and  the  ollicers  and  sol- 
diers so  quartered  and  billeted  as  aforesaid  shall  be  received  and  fur- 
nished with  diet  and  small  beer  or   cyder  by  the  occupiers  of  such 
licenced  houses  in  which  they  may  be  quartered  and  billeted,  payment  Payment  of 
and  allowance  to  be  made  therefor,  by  such  recruiting  officers  as  shall  ni'!i![o'bv  officers 
demand  quarters,  at  such  rates  and  within  such  time  as  is  established  wiiiiin  sucu 
and  regulated  by  act  of  parliament  for  quartering  and  billeting  ofllcera  sucu  rates  aau 


48 


Peovince  Laws. — 1757-58.  [Chap.  16.] 


established  by 
act  of  pailia- 
mcut. 


Persons 
aggrieved,  to 
■whom  to  apply, 
and  in  what 
way  and  man- 
ner they  shall 
be  recoivc-d,  &c. 


Penalty  for  any 
selectman  or 
justice  of  the 
peace  refusing 
or  neglecti  ig  to 
quarter  officers 
and  Boldiera,  or 
tliat  shall 
receive  a  re- 
ward, &c. 


Or  occupier  of 
any  public 
house  who  shall 
refuse  or  neg- 
lect  to  quarter 
officers  and 
soldiers. 


To  be  levied  by 
distress. 


Applied  to  the 
cl)arges  of  the 
government. 

Limitation. 


and  soldiers  in  England,  Wales  and  the  town  of  Berwick  upon 
Tweed  ;  viz.,  for  one  commission  officer  of  foot,  under  the  degree  of  a 
captain,  for  his  diet  and  small  beer,  per  diem,  one  shilling  sterling  ;  and 
if  such  officer  shall  have  an  horse  or  horses,  for  each  such  horse  or 
horses,  for  their  hay  and  straw,  per  diem,  sixpence  sterling ;  for  one 
foot  soldier  of  the  recruiting  party  or  recruits,  diet  and  small  beer,  per 
diem,  fourpence  sterling. 

Provided,  also, — 

And  be  it  further  enacted, 

[Sect.  2.]  That  in  case  any  person  shall  find  himself  aggrieved,  in 
that  any  selectman  has  quartered  or  billeted  in  his  house  a  greater 
number  of  soldiers  than  he  ought  to  bear,  in  proportion  to  his  neigh- 
bours, and  shall  complain  thereof  to  one  or  more  justice  or  justices  for 
the  county  where  such  soldiers  are  quartered,  or  in  case  such  soldiers 
shall  have  been  quartered  by  a  justice  of  the  peace,  then,  on  complaint 
made  to  two  or  more  justices  of  the  peace  for  the  county,  such  justices 
respectively  shall  have  and  have  hereby  power  to  relieve  such  person 
by  ordering  such  and  so  many  of  the  soldiers  to  be  removed  or  quar- 
tered upon  such  other  person  or  persons  as  they  shall  see  cause,  and 
such  other  person  or  persons  so  licenced  shall  be  obliged  to  receive  such 
soldiers  accordingly. 

And  he  it  farther  enacted, 

[Sect.  3.]  That  if  any  selectman  or  justice  of  the  peace  shall  neg- 
lect or  refuse,  for  the  space  of  two  hours,  to  quarter  or  billet  such  officers 
or  soldiers  when  thereunto  required,  in  such  manner  as  is  by  this  act 
directed,  provided  sufficient  notice  be  given  before  the  arrival  of  any 
recruiting  parties,  or  shall  receive,  demand,  contract  or  agree  for  any 
sum  or  sums  of  money,  or  any  reward  whatsoever,  for  or  oh  account  of 
excusing,  or  in  order  to  excuse  any  person  or  persons  whatsoever,  from 
quartering  or  receiving  into  his,  her  or  tlieir  house  or  houses  any  such  offi- 
cer or  soldier,  or  in  case  any  occupier  of  any  public  licenced  house  liable 
by  this  act  to  have  an}'  officer  or  soldier  billeted  and  quartered  on  him  or 
her,  shall  refuse  to  receive  and  victual  any  such  officer  or  soldier  so 
quartered  and  billeted  upon  hira  or  her  as  aforesaid,  according  to  the 
directions  of  this  act,  and  shall  be  thereof  convicted  before  two  justices 
of  the  peace  for  the  count}'  where  such  offence  shall  be  committed,  one 
of  which  justices  to  be  of  the  quorum,  either  by  his  or  her  own  confes- 
sion, or  by  the  oath  of  one  or  more  credible  witness  or  witnesses,  every 
person  so  offending  shall  forfeit  to  his  majesty  for  every  such  offence 
the  sum  of  five  pounds  sterling,  or  any  sum  of  money  not  exceeding 
five  pounds  sterling  nor  less  than  forty  shillings  sterling,  as  the  said 
justices  before  whom  the  matter  shall  be  heard  shall  in  their  discretion 
think  fit,  to  be  levied  by  distress  and  sale  of  the  goods  of  the  person 
offending,  by  warrant  under  the  hands  and  seals  of  the  justices  before 
whom  such  offender  shall  be  convicted,  to  be  directed  to  the  sheriff  of 
the  county,  his  deputies  or  any  constable  of  the  town  where  the  offender 
shall  dwell,  such  fine  or  forfeiture  to  be  paid  into  the  province  treasury 
and  to  be  applied  to  the  public  charges  of  this  government. 

[Sect.  4.]  This  act  to  continue  and  be  in  force  from  the  first  day  of 
December,  this  present  year,  unto  the  first  day  of  December,  in  the  year 
of  our  Lord  one  thousand  seven  hundred  and  fifty-eight,  and  no  longer, 
[^Passed  and  published  December  1. 


[3d  Sess.]  Pr.oviNCE  Laws. — 1757-58.  49 


CHAPTEK  17. 

AN  ACT  TO  EXEMPT  THE   TEOPLE   CALLED  QUAKERS  FROM  THE  PEN- 
ALTY OF  THE  LAW  FOR  NON-ATTENDANCE  ON  MILITARY  MUSTERS. 

Whereas,  since  the  commencement  of  the  present  war,  it  has  been  Preamble. 
jiidgM  necessary,  for  the  more  s{)ee(ly  levying  of  soldiers  for  his  majes- 
ty's service  and  the  defence  of  the  province,  that  general  musters  of 
the  several  companies  of  horse  and  foot  should  be  had  on  certain  days 
appointed  for  that  purpose,  and  such  days  have  by  law  been  appointed 
accordingly  ;  and  every  person  liable  to  train  who  should  neglect  to 
attend  sncli  musters  was  subjected  to  a  penalty  of  twenty  i)ounds  :  tinless 
his  attendance  was  necessarily  and  unavoidably  prevented  ;  and  whereas, 
by  reason  that  no  express  exemption  of  the  people  calletl  Quakers  was 
made  in  those  laws,  divers  suits  for  the  recovery  of  the  aforesaid  pen- 
alty have  been  commenced  against  them,  altho'  they  profess  to  be  con- 
scientiously scrupulous  of  attending  in  arms  at  military  musters,  and 
tliereupon  ilivers  petitions  from  persons  of  that  perswasion  have  been 
prcfer[r]'d  to  this  court  for  relief  in  that  behalf;  wherefore, — 

Be  it  enacted  by  the  Govemour,  Council  and  House  of  Represent- 
atires, 

[8i:CT.  1.]     That  such  of  the  inhabitants  of  this  province,  as  are  Qnatcraex. 
called  Quakers,  be  henceforth  exem[)ted  from  ever}'  penalty  heretofore  uu.''pon:uty"or 
l)y  law  imi)osed,  for  not  attending  military  musters  and  that  ever}'  such  ii.|iatt«n(iint; 
penalty  or  forfeiture  already  incurred  by  persons  of  that  denomination,  {^.J.'j'^^''y  ™"^- 
Jbr  the  recovery  whereof  judgment  has  not  been  rendered,  be  wholly 
remitted,  save  where  suit  has  already  been  brought,  in  which  case  judg-  Ponaiiytobe 
nient  may  be  rendered  for  the  plaintif  [/]  to  recover  his  reasonable  costs,  ^Xre'tii'o^ruTt 
and  that  no  judgment  for  the  recovery  of  such  penalt}'  heretofore  ren-  ''■>''  already 
dered,  or  execution  thereon  issued  or  to  be  issued,  shall  be  accounted  hrwhirh  rase 
of  any  force  or  validil}'  for  the  levying  or  recovering  more  of  the  said  JuJg™t-'"i.  &c. 
forfeiture  than  what  by  law  is  appropriated  to  the  use  of  the  military 
clerk  wlio  commenced  the  suit  whereon  such  judgment  was  recovered, 
together  with  costs  of  suit;  and  the  estate  ouh-,  and  not  the  body,  of  Estate  only 
any  person  of  that  denomination  shall  be  liable  to  be  taken  by  any  such  ilonl"  "^ ''^'^'^"' 
execution. 

And  be  it  further  enacted, 

[Sect.  2.]     That  every  such  person,  whose  body  has  been  taken  and  Quakers  im. 
imprisoned  for  such  penalty,  shall  be  forthwith  discharged  and  set  at  TaTuTbeny!"' 
liberty  ;  and  where  any  execution  has  been  levyed  on  goods  or  other  Execution 
estate,  and  more  thereof  has  been  taken  than  is  sufncicnt  to  satisfy  one  ^■^''^*^  °"  goods, 
third  part  of  such  forfeiture  and  costs,  in  such  case  the  overplus  shall, 
witiiout  delay,  be  returned  to  the  owner  :  j^rovided,  nevertheless,  that  the  Proviso  respect- 
military  cleric,  at  whose  suit  any  Quaker  has  been  imprisoned,  shall  cuT.rstlking 
iiave  lil)erty,  after  such  Quaker  shall  have  been  discharged  from  his  outanaiiaa 
imprisonment,  to  take  out  an  alias  execution  against  his  estate  only  for  ''^*^'^"  '""' 
one  third  part  of  the  penalty  aforesaid,  together  with  his  reasonable 
costs. 

Provided, 

[Si:CT.  3.]     That  nothing  in  this  act  shall  extend,  or  be  construed  to  Proviso  respect- 
extend,  to  the  reimbursement  of  any  money  actually  paitl  into  the  hands  ilJroTho'imnda'^ 
of  liie  chief  ollicer  of  any  Company,  and  by  liim  b))iafide  applyed  to  the  of  tiu- chief 
raising  his  quota  of  the  eighteen  hundretl  men,  for  the  service  of  the  c,I^|,aMyf  ""^ 
present  year,  by  order  of  this  government. 

And  be  it  furiher  enacted, 

[Sect.  4.]     That  any  person  against  whom  suit  has  heretofore  been  Any  person 
brought  for  the  penalty  aforesaid,  producing  certiUcatc  in  writing  under  gSt'KeT 


50 


Province  Laws.— 1757-58.  [Chap.  17.] 


brought,  pro- 
ducing a  certifi- 
cate in  writing, 
&c. 


Lists  of  Quakers 
liable  by  law  to 
impresses  to  be 
taken  iu  writing, 
and  by  whom 
to  be  certified, 
&c. 


The  persons 
■with  whom  said 
lists  shall  be 
lodged. 


Certificate  to  he 
procured  from 
the  colonel  or 
chief  ofQcer, 
who  is  required 
to  give  the  same. 


Which  are  to  be 
tiled  in  the 
secretary's 
ofllce  before  the 
fifteenth  of 
April,  annually. 


When  neces- 
sary, to  impress 
men  for  his  ma- 
jesty's service. 

A  computation 
to  lie  made  of 
Quakers,  &c. 


Captain  or  cliief 
ofEcer  to  certify 
the  number  of 
Quakers  in  his 
company. 


Tax  levied  on 
Quakers. 


the  hands  of  three  or  more  of  the  principal  members  of  any  society  of 
that  denomination,  that  such  person  had,  before  the  publication  of  the 
act  upon  which  such  suit  was  founded,  professed  himself  to  be  of  that 
perswasion,  and  that  they  verily  believe  him  to  be  conscientiously  so, 
shall  be  [i][e]utitled  to  the  benefit  in  this  act  before  mentioned. 

And  to  the  intent  it  may  be  the  better  known  what  persons  are  of 
that  perswasion,  and  to  be  deemed  such  within  the  intention  of  this 
act, — 

Be  it  further  enacted  and  declared^ 

[Sect.  5.]  That  upon  lists  being  taken  in  writing  under  the  hands 
of  three  or  more  of  the  principal  members  of  each  society  of  Quakers 
within  this  province,  setting  forth  in  each  list  the  names  of  the  several 
members  of  such  society  liable  by  law  to  impresses,  the  towns  or 
places  to  which  they  belong  and  the  militar}'  companies  within  the  dis- 
tricts whereof  they  severally  dwell  therein,  also  certifying  that  they  verily 
believe  that  the  several  persons  in  such  list  named  are  sincerely  of  that 
perswasion,  and  that  they  usually  attend  their  meetings  for  the  worship 
of  God  on  the  Lord's  days ;  in  such  case  the  several  persons  in  such 
list  named  shall  be  adjudged  to  come  within  the  intention  of  this  act 
and  shall  be  exempted  from  future  impresses  and  all  military  exercises 
whatever  :  provided,  that  effectual  care  be  taken  that,  some  time  in  tlie 
month  of  March,  annuallv,  such  lists  be  lodged,  one  with  the  clerk  of 
each  town  or  district  and  chief  officer  of  each  militar}'  company,  and 
one  with  the  colonel  or  chief  officer  of  the  regiment  to  which  the  per- 
sons in  such  list  named  do  severally  belong,  or  in  the  limits  whereof 
they  dwell ;  also  that  a  certiQcate  in  writing  be  procured  from  such 
colonel  or  chief  officer  of  the  regiment,  which  he  is  hereby  required  to 
deliver  when  thereto  desired,  setting  forth  the  whole  number  of  persons 
liable  to  impresses  belonging  to  his  regiment,  including  and  particu- 
larly setting  forth  the  number  and  names  of  the  Quakers  living  within 
the  districts  thereof,  according  to  the  list  of  Quakers  to  be  lodged  with 
him  as  aforesaid,  and-  that  such  certificate  be,  some  time  before  the  fif- 
teenth day  of  April,  annually,  during  the  continuance  of  this  act,  trans- 
mitted to  and  lodged  iu  the  secretary's  office  of  this  province. 

And  to  the  intent  that  persons  of  that  denomination  ma}'^  bear  their 
just  proportion  of  the  charge  that  may  be  incur [r]'d  for  the  necessary 
defence  of  the  province, — 

Be  it  farther  enacted, 

[Sect.  6.]  That  when  and  so  often  as  it  shall  be  found  necessary 
that  a  number  of  men  should  be  raised  within  the  several  towns  and 
districts  in  this  province  by  impress  for  his  majesty's  service,  then 
and  in  that  case  there  shall  be  a  computation  made  of  the  number  of 
Quakers  in  every  regiment  wherein  any  such  there  be,  and  no  more  men 
shall  be  impressed  in  either  of  those  regiments  than  their  respective 
quota,  compared  with  other  regiments,  exclusive  of  Quakers. 

And  he  it  farther  enacted, 

[Sect.  7.]  That  the  captain  or  chief  officer  of  every  military  com- 
pany in  which  there  are  any  persons  of  that  denomination,  shall,  within 
one  month  after  recieving  oi-ders  to  make  any  impress,  certify  to  the 
clerk  of  the  town  or  district  to  which  such  company  belongs,  what  num- 
ber of  Quakers  in  proportion  to  the  rest  of  the  company  would  have 
been  liable  to  have  been  impressed,  if  they  had  not  been  exempted  as 
being  of  that  perswasion  ;  and  for  each  Quaker  who  would  have  been  so 
liable,  the  sum  of  thirteen  pounds  six  shillings  and  eightpeuce  shall  be 
added  to  that  town  or  district's  proportion  of  the  next  province  tax ; 
and  the  assessors,  in  making  their  assessment,  shall  apportion  and  assess 
such  sum  or  sums  upon  and  among  such  and  only  such  persons  belong- 


[3d  Sess.]  Province  Laws.— 1757-58.  51 

ing  to  such  town  or  district  as  are  of  that  perswasion,  and  in  such 
manner  and  proportion  as  tlicy  are  liable  to  pay  to  other  taxes. 

And  be  it  further  enacted, 

[Sect.  8.]     Tliat  ever}'  military'  ofDcer,  who  shall  neglect  his  dut^'  Penalty  on 
by  this  act  cnj()[y][/]ned,  shall  forfeit  and  pay  the  sum  of  ten  [)ounds  ;  jv^r'/ieXclfL"* 
one  moiety  thereof  to  be  for  the  use  of  the  province,  and   the  other 
moiety  to  him  or  them  who  shall  inform  and  sue  for  the  same  in  any 
court  proper  to  try  the  same. 

Provided, — 

[Sect.  9.]     That  nothing  herein   contained  shall  be  construed  to  Proviso  with 
extend  to  the  inhabitants  of  Nantucket[t],  who  are  to  attend   and  [."Smiof 
observe  the  rules  and  directions  in  the  law  of  this  province  relating  to  Nantucket, 
the  inhabitants  of  that  island,  made  in   the  twenty-ninth  year  of  his  I'ui-oo, cbap. 32. 
present  majesty's  reign. 

[SiccT.  lU.]     This  act  to  continue  and  be  in  force  for  the  term  of  ConUnuance of 
three  years^  from  and  after  the  thirtieth  day  of  Deceral)er  instant,  and  '^"''«='^- 
until  the  end  of  the  then  next  session  of  the  general  court,  and  no 
longer.     \_Passed  and  pahlished  December  31. 


CHAPTER   18. 

AN  ACT  IN  ADDITION  TO  THE  SEVERAL  ACTS  OF  THIS  PROVINCE  FOB 
REGULATING  THE  MILITIA. 

"WnERKAs  it  is  found  necessary  that  further  provision  be  made  for  Preamble, 
arming  and  disciplining  the  militia, —  i7';8t'j*^ch?' 5 

Be  it  enacted  blithe  Governour,  Council  and  House  of  Representatives,  n4J-43,'chap.  16. 

[Sect.   1.]     That  the  captain  or  chief  olliccr  of  each  military  foot  Each  foot  com. 
company   shall    instruct   and   emplo}'  his   company   in  military  exer-  bc'fcxercUed.'* 
cises  six  days  in  a  year  for  two  years    from  the  first  day  of  March 
next ;    viz.,  on   the   second   and   third   Monday's   in  April,   the   first 
Monday   in    May,   the   first  Tuesday   in  June,  the   last   Monday   in 
October,    and   the   Tuesday    following   the    same    Monday ;    and    on  Arms,  &c..  to 
each  of  said  days  he  shall  make  a  strict  enquiry  into  the  "state  of  the  ^'^  ""i""'^^  "''»• 
arms  and  ammunition  of  his  corapanv,  on  penalty  of  five  pounds  for  Penalty  for 
each  day  he  shall  be  negligent  in  his  duty ;  that  everv  person  from  "'^*>'''^*^'- 
the  age  of  sixteen  to  sixty,  not  exempted  by  law,  shall  ai)pear  with  Persons  liable 
arms  and  ammunition  according  to  law.  and  attend  his  duty  each  of  '"'"-' "'-''■"**^'^- 
the  aforesaid  days,  on  penalty  of  nine  shillings  for  not  appearing  and  rfnaity  fornon. 
attending  his  duty  ;  and  for  not  appearing  with  arms  and  ammunition,  "Pi"^'"''""^*'* 
shall  be  subject  to  the  same  penalties  as,  by  law,  already  provided  for 
not  being  furnished  witii  arms  and  amnuinition  :   and  that  the  captain  Each  troop, 
or  chief  oUicer  of  each  trooi)  or  military  company  of  horse,  shall  exer-  exerdlea!" 
else  his  company  four  days  in  each  year;  viz.,  the  second  and  third 
Mondays  in  April,  the  last  Monday  in  Octol)er,  and  the  Tuesday  next 
following  the  same  Monday  ;  and  on  each  of  said  days  shall  make  strict  Troopers'  nrmg, 
iiKpiiry  into  the  state  of  his  coniiiany,  how  each  man  is  armed,  equipped  J[J^|j^" '"^"""'^^ 
and  provided  with  ammunition,  on  penalty  of  five  pounds  for  each  day  Penalty  for 
sueli  captain  or  chief  ollicer  shall  be  guilty  of  neglect  in  his  duty  in  this  "*-*'f''^'*^^ 
respect:  and  every  trooper  or  person  belonging  to  the  troop  of  guards.  Penalty  for 
or  to  any  troop  or  company  of  horse,  shall,  upon  each  of  the  same  days,  lppear»ucc!°' 
a[)pear   comijleat  in  arms    and    ammunition,  and  e(piipi)ed    according 
to  law,  and  attend  his  duty,  on  penalty  of  ten  shillings  eacii  day  for 
not  appearing  and  attending  iiis  duty;  and  for  not  appearing  armed,  Ppiaity  fomot 
equipped  and  furnished  according  to  law,  shall  be  subject  to  the  same  ^c"'*"™"'"  ' 


52 


Province  Laws. — 1757-58. 


[Chap.  18.] 


Clerks  to  take  a 
list,  &c. 


Time  to  deliver 
list  to  the  cap- 
tain or  chief 
ofllccr,  on 
penalty. 


Captain  to  be 
uiiilcr  oath  for 
excusing  per- 
sons. 

The  clerk,  on 
oath,  to  pros- 
ecute (leliu- 
quctits. 
Penalty  for 
neglect. 

Offences  com- 
mitted by  ofii- 
cers  tobedeter- 
mined  as  ))ro- 
vided  by  the  act 
of  KingWill- 
inm  and  Queen 
Mary,  &c. 

1C93-4,  chap.  3. 


Persons,  except 
troopers,  how 
to  be  furnished 
■with  arms,  &c. 


Persons  on  the 
alarm  list  to 
have  their  arms, 
&c.,  viewed. 


Penalty  for 
neglect,  or 
refusing  regi- 
mental musters. 

Persons  in  the 
frontiers  to 
carry  arms,  &c. 


penalties  as,  by  law,  is  already  provided  for  not  being  duly  armed, 
equipped  and  furnished  as  the  law  directs  :  that  the  clerk  of  each  mili- 
tary company,  on  oath,  on  each  training-day,  unless  unavoidably  pre- 
vented, shall  take  a  list  of  the  troop  and  compan}',  and  against  each 
man's  name  note  his  appearance  or  non-appearance,  and  how  he  is  pro- 
vided with  arras  and  ammunition,  and  shall  in  two  days  deliver  the  same 
to  the  chief  officer  of  the  troop  or  company,  on  ponalt}'  of  five  pounds  : 
that  the  captain  or  chief  officer,  before  he  excuses  any  person  for  any 
neglect  of  duty,  sludl  be  under  oath  not  to  excuse  any  not  excused  by 
law,  either  through  favour,  affection,  reward  received,  or  hope  of  reward  : 
that  the  captain  or  chief  officer  shall  enter  on  the  said  list  the  persons' 
names  by  him  excused,  and  the  reasons  for  which  thej'  are  excused, 
and  in  six  days  return  the  same  list  to  the  clerk,  on  penalt}'  of  five 
pounds  :  that  the  clerk,  on  oath,  in  thirt}'  da3's,  shall  prosecute  each 
delinquent,  non-commission  officer  and  soldier,  who  shall  not  have  been 
so  excused  b}'^  the  captain  or  chief  officer,  on  the  penalty  of  twenty 
shillings  for  each  neglect. 

Be  it  farther  enacted, 

[Sect.  2.]  That  all  offences  committed  against  any  clause  of  this 
act  by  any  officer  or  officers,  where  a  forfeiture  is  given,  shall  be  enquired 
into,  tryed  and  determined  by  the  chief  officers  of  the  regiment,  and 
levied  by  warrant,  under  the  hand  of  the  chief  officer,  in  the  way  and 
manner  as  is  provided  b}'  the  act  of  King  William  and  Queen  Mary  for 
regulating  the  militia  ;  and  the  colonel  or  chief  officer  of  any  regiment 
shall,  as  soon  as  may  be  after  the  knowledge  of  such  offences,  call  a  meet- 
ing of  the  chief  officers  of  the  regiment,  and  issue  his  process  against 
any  such  offender,  which  shall  be  served  fourteen  days  before  the  meet- 
ing of  the  officers  for  the  trial.  And  the  clerk  of  each  troop  or  military 
foot  company,  or  prosecutor,  is  required  and  enjoined  to  give  informa- 
tion of  all  such  offences  committed  by  any  officers,  to  the  colonel  or 
chief  officer  of  his  regiment. 

And  he  it  farther  enacted^ 

[Sect.  3.]  That  every  person,  except  troopers,  who  is  by  law 
obliged  to  be  furnished  with  arms  and  ammunition,  shall  be  provided 
with  a  powder-horn  or  horns,  with  one  pound  of  powder  in  the  same,  on 
penalty  of  two  shillings,  and  with  forty  bullets  fit  for  his  gun,  on  the 
like  penalty  for  each  neglect ;  that  any  soldier,  born  on  the  training-lists 
in  the  several  regiments,  shall  be  excused  from  any  penalty  for  not 
being  furnished  with  swords,  in  case  they  provide  themselves  and  appear 
with  good  hatchets. 

And  be  it  further  enacted, 

[Sect.  4.]  That  every  person  borne  on  the  alarm  list,  and  not  on 
the  train  band,  shall,  on  the  first  Monday  in  May,  and  the  last  training 
day  in  the  year,  annuall}',  between  three  and  five  of  the  clock  in  the 
afternoon,  and  while  the  trained  bands  shall  be  under  arms,  carry  or 
send  his  arms  and  ammunition  into  the  field  to  be  viewed  ;  and  in  case 
any  person  shall  neglect  or  refuse  to  carry  or  send  his  arms  and  ammu- 
nition into  the  field  as  aforesaid,  unless  unavoidably  prevented,  he  shall 
be  liable  to  the  same  penalty  for  each  day's  neglect,  as  if  he  had  not 
such  arms  and  ammunition. 

And  be  it  further  enacted, 

[Sect.  5.]  That  every  person,  that  shall  neglect  or  refuse  to  attend 
a  review,  or  regimental  muster,  shall  pay  the  sum  of  fifteen  shillings  ; 
and  that  every  person  in  the  frontiers^  of  this  province,  liable  to  bear 
arms,  when  ordered  by  the  chief  officer  of  the  regiment,  shall  carry  his 
arms  and  ammunition  with  him  to  the  place  of  publick  worship,  and 
to  his  labour  in  the  field,  on  pain  of  forfeiting  six  shillings  for  each 
neglect. 


[3d  Sess.]  Province  Laws.— 1757-58.  53 

Be  it  further  enacted, 

[Sect.  G.]     That  one  half  of  the  non-commission  officers  and  pri-  Non-commis. 
vatc  soldiers,  liable  to  train,  shall  be  furnished  with  a  good  bayonet,  a',"u"!|![icrs  to 
with  a  steel  blade,  not  less  than  fifteen  inches  long,  fitted  to  his  gun,  b.;  provided 
with  .1  scabbard  for  the  same,  for  which  ba^-onet  and  scabbard  there  aiid'iM'wiiat*"' 
shall  be  paid  out  of  the  publick  treasury  not  exceeding  seven  shillings,  manner,  &c. 
and  that  the  captain  or  chief  oflicer  of  each  foot  company  shall  take 
effectual  care  that  they  be  so  i>rovided ;  and  an  account  thereof  shall 
be  presented  by  said  officer  to  the  governour  and  council  for  allowance 
and  payment,  for  which  bayonet  and  scabbard  each  non-comraissioa 
officer  and  soldier  so  provided  shall  be  accountable  to  this  government, 
unless  under  the  age  of  twenty-one  years,  and  for  such  as  are  minors, 
their  parents,  guardians  or  masters,  respectively,  shall  be  so  account- 
able ;  and  each  non-commission  officer  and  soldier,  drummers  excepted,  Penalty  for  not 
shall,  upon  every  training-day  muster,  review  or  alarm,  after  they  are  bayo'nctef&c!'' 
provided  with  bayonets  as  aforesaid,  appear  with  the  same,  on  penalty 
of  two  shillings  for  each  neglect. 

And  be  it  farther  enacted, 

[Sect.   7.]     That  the  captain  or  chief  officer  of  each  foot  company.  Every  foot  com. 
as  soon  as  may  be  after  the  commencement  of  this  act,  and  before  the  umior'arms,  &c., 
tenth  day  of  March  next,  is  hereby  enjoined  to  call  his  company  to-  'jr*^""^ f  Vl? '^h '"* 
gether  under  arms,  and,  after  enquiring  into  the  state  of  them,  is  hereb}'  &c^  "     ^^'^  ' 
impowered  and  directed  to  choose  from  among  said  arms  such  as  he 
shall  judge  most  suitable  to  be  provided  with  bayonets,  to  the  amount 
of  one  half  the  whole  number ;  and  the  respective  soldier  or  soldiers  to  Penalty  fomon. 
whom  such  selected  arms  belong,  shall  observe  and  obey  such  directions  "he  o7d("r's'o*f^ 
and  orders  respecting  their  being  provided  with  bayonets,  as  he  or  they  the  captain,  &c 
shall  receive  from  the  captain  or  chief  officer  of  the  company,  on  pen- 
alty of  twenty  shillings  for  non-observance  of,  or  disobedience  to,  such 
directions  and  orders  as  he  or  they  shall  receive  for  the  purposes  afore- 
said. 

And  be  it  further  enacted, 

[Sect.  8.]     That  the  penalt}'  for  any  person   not  appearing    and  Penalty  fomon. 
attending  orders  upon  an  alarm,  unless  unavoidably  prevented,  shall  be  aiTrm!^""*^^  ""^ 
the  sum  of  ten  pounds,  or  six  months'  imprisonment;  and  if  any  per-  Penalty  for 
son  shall  be  guilty  of  mutiny  or  desertion,  and  be  thereof  convicted,  he  dMcruou!! 
shall  either  be  punished  with  death,  without  benefit  of  clergy,  or  sulTer 
some  other  grievous  punishment,  as  shall  be  adjudged  necessary  by  the 
court  before  whom  he  shall  be  tried,  according  to  the  nature  and  aggra- 
vation of  his  otfcnce. 

And  whereas,  by  an  act  of  this  province,  made  in  the  twelfth  year  of  looo.noo,  rhap. 
the  reign  of  his  late  majesty  King  William  the  Third,  intitlcd  "  An  Act  ''•  ^^ '  ""'^  -• 
for  putting  the  militia  of  this  province  into  a  readiness  for  a  defence 
of  the  same",  it  is  enacted,  "That  all  persons  commissioned  by  the  Recital  of  an 
captain-general  or  coniinniidor-in-chief  of  this  province  for  the  time  rwcifiM-ear'of 
being,  to  bear  office  in  any  military  company  or  troop  within  the  same,  Kintt  xyniiam 
be  and  hereby  are  impowered  and  authorized,  by  virtue  of  such  com-  pnuiiiu"t'hc  "^ 
mission,  when  and  as  occasion  shall  require  in  the  cases,  and  to  the  "i''''.':»o''.tho 

...  -  ,  .  ,  1  ,  province  into  a 

intents  and  purposes  abovesaid,  to  arm,  array  and  weapon  the  company  rcndincsB  for » 
or  troop  respectively  under  their  command,  or  part  of  them,  and  by  'if''"*'"''^  of  the 
force  of  arms  to  encounter,  repel,  pursue,  kill  and  destroy  any  that  shall 
appear  in  hostile  manner  to  attempt  or  enterprize  the  destruction,  inva- 
sion, detriment  or  annoyance  of  any  of  his  majesty's  subjects,  forts,  gar- 
risons, towns  or  plantations  within  this  province  ;  and  that  such  officer 
or  officers  so  taking  to  arms,  shall  forthwith  dispatch  notice  to  his  or 
their  superiour  officer  of  his  or  their  motion,  and  the  occasion  thereof, 
and  observe  such  commands  an<I  (jrdeis  as  he  or  they  shall  from  time 
to  time  receive  froiii  him  ;  "  and  also,  "  'J'liat  Die  colonel  or  chief  olfi- 


earac. 


54  Province  Laws.— 1757-58.  [Chap.  18.] 

cer  of  each  regiment  be  and  hereby  is  impowered  and  authorized,  as 
occasion  shall  require,  in  any  of  the  cases,  and  to  the  intents  before 
mentioned,  from  time  to  time  to  assemble  in  martial  arra}^  and  put 
into  warlike  posture  the  whole  militia  of  tlie  regiment  under  his  com- 
mand, or  such  part  of  them  as  he  shall  think  needful,  upon  any  alarm, 
invasion  or  notice  of  the  appearance  of  an  enemy  by  sea  or  land  ;  and 
the  regiment,  companies  or  troops  so  armed,  arrayed  and  put  into  war- 
like posture,  or  part  of  them,  to  lead,  conduct  and  emplo}',  or  to  appoint 
some  other  fit  person,  by  writing  under  his  hand,  to  lead,  conduct  and 
employ  them,  as  w^ll  within  the  regiment  and  county  whereto  they 
belong,  as  into  any  other  adjacent  county  or  place  within  this  prov- 
ince, for  the  assisting,  succouring  and  relieving  any  of  his  majes- 
ty's subjects,  forts,  garrisons,  towns  or  places  that  shall  be  assaulted 
by  an  enemy,  or  in  danger  thereof,  and  with  such  party,  companies  or 
troops,  by  force  of  arms,  to  encounter,  repel,  pursue,  kill  and  destroy 
such  enemy,  or  any  of  them,  by  all  fitting  ways,  enterprizes  and  means 
whatsoever ;  and  the  colonel  or  chief  officer  of  such  regiment  so  taking 
to  arms,  or  sending  forth  any  party  of  men,  shall  forthwith  post  away 
the  intelligence  and  occasion  thereof  unto  the  captain-general  or  the 
commander-in-chief  for  the  time  being,  and  shall  attend  and  observe 
such  directions  and  orders  as  he  shall  receive  from  him  ;  and  in  case  it 
happen  the  colonel  or  chief  officer  of  any  regiment  be  out  of  the  limits 
or  precincts  of  the  regiment  for  which  he  is  or  shall  be  commissionated 
at  the  time  of  any  invasion,  attack  or  appearance  of  an  enemy,  or  alarm 
given  from  any  of  the  neighbouring  towns  or  regiments,  the  next  com- 
mission officer  then  within  the  regiment  shall  have,  use  and  exercise 
the  same  powers  and  authorities  hereinbefore  granted  until  the  return 
of  the  colonel  or  other  superiour  officer  ;  and  such  officer  so  acting  shall 
post  away  the  intelligence  thereof,  with  the  occasion  for  the  same,  as 
aforesaid,  unto  the  captain-general,  or  the  commander-in-chief  for  the 
time  being,  and  shall  attend  and  observe  such  directions  and  orders  as 
he  shall  receive  from  the  captain-general  or  commander-in-chief  therein." 
But  no  penalty  is  therein  provided  to  oblige  officers  and  private  men  to 
obey  such  orders  as  shall  be  given  pursuant  to  the  true  intent  of  the 
same  act, — 

Be  it  tJierefore  enacted, 
Penalty  for  any  [Sect.  9.]  That  if  any  officcr  or  private  man  in  the  militia  shall 
maiTi'cfuiingor  rcfusc  or  wilfuUy  neglect  to  obey  such  order  of  his  superiour  officer  as 
nogioctingto  gjjjj^ij  j^g  given  pursuaut  to  the  true  intent  of  the  same  act,  he  shall 
ofiiis superior  forfeit  and  pay  the  sum  of  ten  pounds,  or,  in  default  thereof,  sutler  six 
officer.  months'  imprisonment. 

And  be  it  further  enacted, 
Forfeitures  [Sect.  10.]     That  all  forfeitures,  arising  by  virtue  of  this  actor  any 

acuolie^e-  '^  brcach  thereof,  shall  be  recovered  in  the  way  and  manner  as  is  provided 
ableto'^thfacts  ^^  ^^^^  ^^^  ^^^  regulating  the  militia  of  this  province,  made  and  passed 
for  regulating  iu  the  fourth  and  fifth  year  of  King  William  and  Queen  Mary,  where 
four™ 'aiKi' fifth  i"  ^.his  act  it  is  not  otherwise  specially  provided,  and  shall  bo  disposed 
of  King  William  of,  ouc  quarter  part  thereof  to  the  prosecutor,  and  the  remainder  by 
Marjsuniess  him  to  be  paid  into  the  town,  district,  precinct  or  parish  treasury  where 
vKioffflfr^&c'  ^^®  ^^^^  company  or  the  major  part  thereof  or  captain  of  the  troop 
1093-94,  chap.' 3,  bclougs,  to  be  drawn  out  again  by  the  captain  or  chief  officer  of  the 
^  ^^'  troop  or  company  whence  such  forfeiture  arose,  so  far  as  shall  be  neces- 

sary for  procuring  or  repairing  drums,  trumpets,  colours  and  halberts, 
paying  drummers,  trumpeters,  and  for  procuring  soldiers  fur  his  majes- 
ty's service,  and  improved  for  the  benefit  of  such  troop  or  company 
respcctivel3%  when  and  so  often  as  any  man  or  men  shall  be  demanded  of 
said  troop  or  companj^  for  said  service,  and  for  no  other  uses  or  purposes 
Clerks  to  pay      whatsoever.     And  the  clerks  of  the  military  companies    are  hereby 


[3d  Sess.]  Province  Laws.— 1757-58.  55 

required  to  pn}'  over  all  such  forfeitures  as  they  shall  receive  to  the  forfeitures  to 
treasurers  as  before  mentioned  respectively,  at  or  before  the  first  day  of  ^'^^  i'"ea8U''er«, 
March,  annually,  and  such  treasurers  are  hereby  iinpowered  and  required 
to  demand,  sue  for,  recover  and  receive  the  same. 

And  be  it  further  enacted, 

[Sect.  11.]     That  this  act  shall  be  read  at  the  anniversary  meeting  This  act  to  be 
of  the  inhabitants  of  each  town   and  district  through  the  province,  in  ann|v^,r'a°y 
the  month  of  March,  annually  ;  and  also,  that  the  chief  officer  of  each  meeting  of  each 
compan\-  cause  the  same  to  be  read  before  his  company  on  the  second   '^"'°' 
Monday  in  April,  each  year,  during  the  continuance  thereof. 

And  be  it  farther  enacted, 

[Sect.  12.]     That  the  captain  of  the  troop  of  guards,  and  of  every  Captains  of 
independant  company,  shall,  upon  their  oath,  on  or  before  the  first  ]\Ion-  gu';,nis"&c.'i  to 
day  of  April  next,  and  annually,  transmit  into  the  secretary's  office  a  transmit  lists  of 
list  of  every  person  borne  on  tlieir  respective  rolls,  and  who  by  them  to Fec^etary*'""^* 
are  excused  fi'om  mustering  on  days  of  muster,  and  the  reasons  of  their  °^<='-'- 
excuse,  on  penalty  of  forfeiting  and  paying  for  each  neglect  five  pounds. 

[Sect.  13.]     And  every  ca^Uain  or  chief  officer  in  this  act  mentioned,  Each  captain, 
on  or  before  the  first  Monday  of  April  next,  is  hereby  enjoined  to  make  oath.*"'"^''^ 
suleinn  oath  that  he  will  faithfully  discharge  the  trust  by  this  act  reposed 
in  him  and  the  duties  hereby  enjoined   him,  according   to  the  best  of 
his  skill  and  understanding,  on  penalty  of  forfeiting  and  paying  five 
pounds. 

[Sect.  14.]     This  act  to  be  and  continue  in  force  for  the  space  of  Limiution. 
two  years  from  the  first  day  of  March  next,  and  no  longer.     [^Passed 
January  2o  ;  published  January  26,  1758. 


CHAPTER    19. 


AN  ACT  FOR  GRANTING  UNTO  HIS  MAJESTY  AN  EXCISE  UPON  SPIRITS 
DISTILLED  AND  WINE,  AND  UPON  LIMES,  LEMMONS  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,  have  chear- 
fully  and  unanimously  granted,  and  do  hereby  give  and  grant  unto  his 
most  excellent  majesty,  for  the  end  and  use  a1)ove  mentioned,  and  for 
no  other  use,  an  excise  upon  all  rum  and  other  spirits  distilled,  and 
upon  all  wines  whatsoever,  and  upon  Icmmons,  limes  and  oranges,  to 
be  raised,  levied,  collected  and  paid  in  manner  and  form  following: — 

And  be  it  accordinr/bj  enacted  by  the  Governour,  Council  and  Iloxise 
of  Representatives, 

[Sect.  1.]     That  from  and  after  the  twenty-fifth  day  of  March,  one  Time  of  this 
thousand  seven   hundred   and    fiftv-cight,  and  until  the   twenty-sixth  anc**^""""' 
day  of  March,  one  thousand  seven  hundred  and  fifty-nine,  every  person 
already  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,  eightpence. 

For  every  gallon  of  wine  of  every  sort,  twelvepence. 

For  every  hundred  of  lemmons  or  oranges,  eight  shillings. 

For  every  hundred  of  limes,  three  shillings. 
— And  so  proportionalilc  for  any  other  quantity  or  number. 

And  be  it  further  enacted, 

[Sect.  2.]      That  every  retailer  of  rum,  wine  or  spirits  distilled,  Accounutob* 
taverner,   innholder   and    common    victualler,   shall,   on    the   twenty-  ^^^"- 


56  '  Province  Laws.— 1757-58.  [Chap.  19.] 

sixth  clay  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  and  retailer  of  wine,  rum  or  spirits  distilled,  shall  take  a  like 
account  of  all  wine,  rum  and  other  spirits  distilled,  and  of  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,  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 
I  she,  or  anyj^erson  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  j-ear 
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  collect  the  duties  aforesaid  the  whole  of  those  several  accounts, 
and  shall  also  make  oath,  in  the  form  following,  before  such  collector 
or  collectors,  who  are  hereby  impowered  to  administer  the  same : — 

Form  of  the  You,  A.  B.,  do  swear  that  the  account  by  you  now  rendered  is,  to  the  best 

*^^^^'  of  your  knowledge,  a  just  and  true  account  of  nil  the  wiucs,  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-eight,  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 
believe  that  there  hath  been  by  you,  or  by  any  other  person  or  i^ersous 
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  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  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-fifth  day  of  March,  besides  what  is  con- 
tained in  the  account  by  you  now  rendered.    So  help  you  God. 

Penalty  for  col-  — and  cvcry  collector  of  the  excise  who  shall  receive  any  account  from 
account's^wit^h"^  any  pcrsou  in  consequence  of  this  act,  without  their  making  oath  to  the 
out  oath.  same  as  aforesaid,  shall  forfeit  and  pay  for  the  use  of  this  government 

the  sum  of  twenty  pounds. 
Oath  to  be  [Sect.  3.]     And  for  every  person  that  was  not  licenced  on  the  same 

twenty-sixth  day  of  March,  the  form  of  the  oath  shall  be  so  varied,  as 
that  instead  of  expressing  the  da}'  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  afoi'csaid,  the  time  of  taking  and 
rendering  their  last  accounts  shall  be  inserted  and  used. 
Duties  to  be  [Sect.  4.]     And  evcry  such  taverner,  innholder,  common  victual- 

collector.  °         ler  and  retailer  shall  pay  the  duties  aforesaid  to  him  or  them  that  shall 
collect  the  same,  or  the  whole  of  the  several  articles  mentioned  in  such 
account  rendered,  save  only  for  such  part  thereof  as  remains  in  their 
Ten  per  cent       hauds  uusold :   provi'dcd^  nevertheless,  that  for  leakage,  &c.,  ten  per 
felTklgc/"'^         cent  shall  be  allowed  them  on  all  liquors  in  such  account  mentioned, 
besides  what  remains  in  their  hands  unsold. 
And  he  it  further  enacted, 
Taverner,  &c.,         [Sect.  5.]    That  cvcry  pcrsou  hereafter  licenced  to  be  a  taverner,  inn- 
holder, common  victualler  or  retailer  of  any  wine,  rum  or  spirits  distilled 


varied. 


[3d  Sess.]  Province  Laws. — 1757-58.  57 

shall,  within  thirty  days  after  such  licpnce  granted,  and  before  he  or 
she  sell  by  virtuo  of  the  same,  not  only  become  bound  to  keep  <ijood 
rule,  &c.,  as  by  law  Is  already  required,  but  shall  also  become  hound, 
with  sudicient  sureties,  by  way  of  recof^jnizance,  to  his  majesty,  for  the 
use  of  this  government,  in  a  sullicient  sum,  to  be  ordered  by  the  court 
that  grants  the  licence,  which  sum  shall  not  exceed  three  hundred 
pounds  nor  be  less  than  fifty  pounds,  conditioned  that  they  shall  keep 
and  render  the  accounts  aforesaid,  and  pay  the  duties  aforesaid,  as  in 
and  by  this  act  is  required. 

ybnl  be  it  further  enacted^ 

[Sect.  G.]     That  every  such  tavernor,  innholder,  common  victualler  Forfeiture  for 
anil  retailer,  who  shall  neglect  or  refuse  to  take,  keep  and  render  such  rna'ami'rcndcr!^ 
accounts  as  by  this  act  are  required,  or  that  shall  neglect  or  refuse  ing  account. 
to  take   the  oath   aforesaid,   shall    forfeit   and   pay,  to  him  or  them 
that  shall  collect  the  duties  aforesaid,  double  the  sum  which  the  court  of 
general  sessions  of  tiie  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  have  not  accounted  with  the  collector,  and  paid  him  the  excise 
aforesaid,  due  from  such  person  at  the  time  of  his  or  her  taking  or 
renewing  such  licence. 

And  ivhereas,  notwithstanding  the  laws  made  against  selling  strong  Preamble, 
drink  without  licence,  many  persons  not  regarding  the  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  government  thereby  defrauded, — 

Be  it  therefore  enacted, 

[Sect.  7.]  That  if  any  distiller,  importer  or  any  other  person  what-  Forfeiture  for 
soever,  after  the  said  twenty-fifth  day  of  March,  shall  presume,  ncense.'^'"'*'"' 
directly  or  indirectly,  to  sell  any  rum  or  other  distilled  spirits,  or  wine, 
in  less  quantity  than  twent3'-five  gallons,  or  any  beer,  ale,  cyder,  perry 
or  other  strong  drink,  in  any  quantity  less  than  ten  gallons,  without 
licence  first  had  and  obtained  from  the  court  of  general  sessions  of 
the  peace  in  that  county,  recognize  in  manner  as  aforesaid,  shall  for- 
feit and  pay  for  each  olfenoe,  the  sum  of  four  pounds,  lawful  money, 
and  costs  of  prosecution,  two  thirds  for  the  use  of  the  government 
and  the  other  tiiird  for  the  prosecutor;  and  all  such  as  shall  neglect  or 
refuse  to  pav  the  fine  aforesaid,  shall  stand  closely  committed  in  the 
common  goal  of  the  county,  and  not  have  the  liberty  of  the  goaler's 
bouse  or  yard,  until  said  sum  of  four  pounds  is  paid,  with  costs  ;  and 
any  goaler  giving  libert}'  contrar}'  to  this  act,  shall  forfeit  and  pay 
the  said  sum  of  four  pounds,  to  be  disposed  of  in  manner  aforesaid, 
and  costs  of  prosecution. 

And  lohereaa,  in  order  to  elude  the  design  of  this  act,  some  persons 
may  join  together  and  buy  wine,  rum,  brandy  and  other  spirits  (listilled 
in  quantities  above  twenty-five  gallons,  and  afterwards  divide  the  same 
among  themselves  in  lesser  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  rum,  brandy  or  other  spirits  {o;lAh"r''iM  puf- 
distilled,  or  wine,  or  shall  eini)lov  anv  other  person  not  licenced   as  chasing uquors 

...        1      ..  1     I      II      /•.        ■        1  "    T    •  1       .1  -^  L      anil  (lividing  ttio 

aloresaid  to  do  it,  and  shall  alterwards  divide  the  same,  or  cause  it  to  Rame,  liable  to  a 
be  divided  among  themselves,  or  otherwise,  in   lesser  quantities  than  ^"'■'"^'''"'■o. 
twenty-five  gallons,  they  shall  be  deemed  and  taken  to  be  sellers  of 


58 


Province  Laws. — 1757-58. 


[Chap.  19.] 


Liquors  lent  or 
delivered  on  the 
above  consid- 
eration, to  be 
deemed  a  sale. 


Preamble. 


Persons  not 
licensed  supply- 
ing those  em- 
ployed by  them 
in  the  fisliery, 
&c.,  with  spirit- 
uous liquors,  to 
bo  deemed 
ecllcrs. 


One  witness 
Bufficient  for 
conviction. 


■  such  rum,  brandy  and  other  distilled  spirits  and  wine,  and  each  and 
every  of  them  shall  be  subject  to  the  same  pains,  penalties  and 
forfeitures  as  any  person  by  this  act  is  who  shall  sell  rum  or  other 
spirits  distilled,  or  wine,  without  licence  first  had  and  obtained. 

And  tvhereas  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, 

[Sect.  9.]  That  all  rum,  brandy  and  other  spirituous  liquors  and 
wine,  lent  or  delivered  to  others  for  their  use,  upon  such  like  considera- 
tion, is,  and  shall  be  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  any  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  any  other  person  or  per- 
sons in  or  belonging  to  his  or  her  house  or  famil}',  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  aforesaid,  shall  have  had  the  duties  paid 
upon  them,  or  were  purchased  of  any  person  or  persons  having  licence 
or  permit,  the  person  lending  or  delivering  the  same,  as  aforesaid,  shall 
not  be  subject  to  the  aforesaid  pains  and  penalties. 

And  ivliereas  divers  other  persons  than  those  licenced  to  sell  rum  and 
other  distilled  spirits  by  retail,  have  heretofore  supplied  persons  em- 
ployed by  them  in  the  fishery,  building  vessels,  and  in  other  business, 
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  selling  drink 
without  licence,  and  the  same  practice  will  probably  be  continued, 
unless  effectual  care  be  taken  to  prevent  the  same, — 

Be  it  therefore  further  enacted, 

[Sect.  10.]  That  all  persons  not  licenced,  as  aforesaid,  who  hereafter 
shall,  by  themselves,  or  by  any  other  person  or  persons  under  them,  or 
by  their  order,  allowance  or  connivance,  supply  any  person  or  persons 
employed  by  them  in  the  fishery,  building  of  vessels,  or  in  any  other 
business  or  employ,  with  rum  or  other  distilled  spirits,  or  wine,  shall 
be  deemed  and  taken  to  be  sellers  of  such  liquors,  and  be  subject  to 
the  aforesaid  pains  and  penalties  provided  against  persons  selling  any 
of  the  liquors  aforesaid  without  licence,  which  shall  be  recovered  in  like 
manner,  unless  they  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, 

[Sect.  11.]  That  when  any  person  shall  be  charged  with  selling 
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,  any  justice  of  the  peace  in  the  same  county,  shall 
have  full  power  to  convene  such  persons  before  him,  to  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  such 
suspected  persons,  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  person,  and  he  shall 


[3d  Sess.]  Province  Laws. — 1757-58.  59 

forfeit  and  *  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  tlic  person  suspecteil,  and  the  witnesses,  to  the  next 
court  of  general  sessions  of  the  peace  for  the  county  where  such  person 
shall  dwell.  ^ 

And  be  t  further  enacted, 

[Sect.  12.]     That  when  and  so  often  as  any  person  shall  be  charged  Penalty  for  pcII. 
with   selling  strong   drink  without   licence   to   any   negro,  Indian  or  loTeuroM?""" 
mollato  slave,  or  to  any  child  or  other  person  under  the  age  of  dis-  muiauocB,  Ssc 
cretion,  and  other  circumstances  concurring,  it  shall  appear  to  be  highly 
probaI)Ie  in  the  judgment  of  the  court  or  justice  before  whom  the  trial 
shall  be,  that  the  jKTSon  comi)lained  of  is  guilty,  then,  and  in  every 
such  case,  unless  the  defendant  sliall  acquit  him-  or  herself  upon  oath 
(to  be  administrcd  to  him  or  her  by  the  court  or  justice  that  shall  try 
the  cause),  such  defendant  shall  forfeit  and  pay  four  pounds,  one  third 
to  the  informer,  the  other  two  thirds  to  the  collector  of  excise  for  the  use 
of  the  government,  and  costs  of  [)rosecution  ;  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.  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  g^vJevidencl.'** 
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  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  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,  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  nnuft,  and  sealed  up  and  delivered  into  court,  the  adverse  party 
having  first  harl  a  notification,  in  writing,  sent  to  him  or  her  of  the  time 
and  place  of  caption,  shall  be  esteemed  as  sulDcient  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  tlieir  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  enquire(l  of,  shall 
be  liable  and  sul>ject  to  tlie  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.  14.]  Tliat  all  fines,  forfeitures  and  penalties  arising  by  now  fines  a™  u 
this  act  shall  and  may  be  recovered  by  bill,  plaint  or  information,  be  recovered, 
before  any  court  of  record  proper  to  try  the  same ;  and,  where  the  sum 
forfeited  doth  not  exceed  four  pounds,  by  bill,  plaint  or  information 
before  any  one  of  his  majesty's  justices  of  the  peace  in  the  respective 
counties  where  such  oflence  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  :  savintj  always 

*  Tim  wcinl  "  p.iy,"  ovid<'ntly  oniiftid.     t  TIk^  word  ''it,"  evidently  oinitUd. 
[Both  these  word.s  are  in  the  bill,  and  the  latter  is  in  the  recorded  act.] 


60 


Peovixce  Laws.— 1757-58.  [Chap.  19.] 


Collector  to  set- 
tle accounts. 


Collectors  of 
the  excise  to  be 
appointed  by 
the  general 
court. 


Form  of  the 
oath. 


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  county,  at  which  court  such  offence  shall  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,  onhj,  that  the  recognizance 
for  prosecuting  the  appeal  shall  be  eight  pounds. 

Be  it  further  enacted, 

[Sect.  15.]  That  every  collector  shall  settle  all  accounts  relating  to 
said  excise  in  the  several  towns  of  the  county  where  he  is  collector,  first 
giving  seasonable  and  publick  notice  of  the  time  and  place  or  places 
where  said  business  shall  be  transacted. 

And  be  it  further  enacted, 

[Sect.  16.]  That  there  bo  one  or  more  collectors  in  each  county 
appointed  by  the  general  court,  or  by  the  court  of  general  sessions  of 
the  peace,  where  it  shall  happen  that  such  collector  refuse  to  accept 
said  office,  or  be  removed  by  death  or  for  mismanagement,  to  taice 
charge  of  this  duty  of  excise,  who  shall  have  power  to  inspect  the  houses 
of  all  such  as  are  licenced,  and  of  such  as  are  suspected  to  sell  with- 
out licence,  which  collectors  shall  be  upon  oath  to  take  care  of  the  exe- 
cution of  this  law,  and  to  prosecute  the  breakers  of  it. 

[Sect.  17.]  And  ever}'  collector  of  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  collector,  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  collector  for  the 
better  collecting  the  duties  aforesaid,  or  prosecuting  offenders  against 
this  act ;  for  the  doings  of  which  deputies,  the  collectors,  respectively, 
shall  be  accountable. 

[Sect.  18.]  And  the  said  collectors  shall  carefully  examine  the 
accounts  of  every  licenced  person  in  their  respective  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  oath  the  treasurer  is  hereby"  impow- 
cred  and  directed  to  administer  in  the  words  following ;  viz., — 

You,  A.  B.,  do  swear  that  this  is  a  just  and  true  account  of  the  excise 
upon  all  wines,  rum  and  distilled  sjiirits,  limes,  lemmous  and  oranges  by 
you  received  or  secured  to  be  jjaid  you  in  the  county  of  ; 

and  that  the  person  by  whom  such  excise  was  paid  or  secured  to  bo  paid  to 
you,  were  sworn  in  manner  and  form  as  by  law  is  prescribed.  So  help  you 
God. 


Collectors  to  [Sect.  19.]     And  at  the  time  of  receiving  any  money,  the  said  col- 

for  every  sum     IcctoT  shall  givc  two  reccipts,  of  thc  same  tenor  and  date,  mentioning 
received.  what  sum  or  sums  they  have  received  from  any  taverner,  innholder, 

common  victualler  or  retailer  ;  one  of  which  receipts  to  be  by  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  shall, 
within  twenty  days  after  receipt  thereof,  transmit  the  same  to  the 
treasurer  or  receiver-general. 

[Sect.  20.]  And  such  collectors  shall  pay  into  the  public  treasury 
of  this  province  all  such  sums  as  they  shall  receive  within  six  months 
from  thc  date  of  their  commission,  and  so  from  time  to  time  within 
the  space  of  six  months,  as  long  as  they  shall  continue  in  such  office. 


[3d  Sess.J  Province  Laws. — 1757-58.  61 

on  pain  of  forfeiting  the  reward  given  such  collectors  by  this  act,  who  Collectors'  fees. 

shall  be  allowed,  in   the  county  of  Suffolk,  one  and  a  half  per  cent; 

in  the  county  of  Essex  and  Middlesex,  and  Plymouth,  two  per   cent, 

and  in  the  other  counties,  three  per  cent  on   all  money  by  them  col-  Bond  to  be 

lected  and  paid  into  the  treasury,  as  aforesaid  :  each  collector,  before  f '^■'-'"  '"  '"l^ 

•  i-i/»  !•      treasurer  for 

he  enter  into  the  said  ollice  to  give  bond,  for  treble  the  sum  that  it  treble  iho  sum 
was  farm'd  for,  in  the  respective  county,  the  last  year,  to  the  treasurer  ^^  lurmuj  fu,, 
of  this  province,  for  the  time  being,  and  his  successors  in  said  ollice, - 
with  sullicient  sun^ties,  for  the  faithful  discharge  of  his  duty,  and  that 
he  will  duly  pay  in  the  money  that  he  shall  collect,  to  the  treasurer  of 
the  pnn'ince,  for  the  time  being ;  which  bond  shall  be  executed  before 
the  next  court  of  general  sessions  of  the  peace  in  the  respective  coun- 
ties after  such  appointment,  where  the  said  collectors  live,  and  be  trans- 
mitted to  the  treasurer  of  the  province  by  the  clerk  of  the  peace  within 
such  count}',  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  thirt}-  days  after  either  of 
the  times  of  payment. 

And  be  it  further  enacted, 

[StCT.  21.]     That  in  case  any  collector  of  the  excise  as  aforesaid.  Penalty  for  coi. 
or   his  deputy,  shall,  at  any  time  during  their  continuance   in    saitl  lu?puuea "^offend- 
ollice,  wittingly  and  willingly  connive  at,  or  allow,  any  person  or  persons  >"s- 
within  their  respective  divisions,  not  licenced  by  the  court  of  general 
sessions  of  the  peace,  their  selling  any  wine,  rum  or  other  liquors  by 
this  act  forbidden,  such  collector  or  deputy,  for  every  such  offence, 
shall   forfeit  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  ollice  :  savinr/,  that  said  collector  may  give  a  permit  to  any  person  to 
sell  rum  or  other  spirits  distilled,  or  wine,  in  quantity  from  twent3'-five 
gallons  and  upwards,  agreeable  to  this  act. 

Prodded,  (ilicaj/s,  and  it  is  the  true  intent  and  meaning  of  this  act, — 

[SixT.  22.]  That  if  any  taverner  or  retailer  shall  sell  to  any  other  Proviso, 
tavcrner  or  retailer  any  quantity  of  whatsoever  distilled  liquors  and 
wine,  such  taverner  or  retailer,  selling  as  aforesaid,  shall  not  be  held  to 
l):iy  such  <luty,  but  the  taverner  or  retailer  who  is  the  purchaser  shall 
pay  the  same  ;  and  the  seller  as  aforesaid,  shall  and  herel)y  is  required 
to  deliver  to  the  collector  of  this  duty,  a  true  account  of  such  liquors 
sold  as  afuresaid.  and  to  whom  sold. 

And  to  the  end  that  the  revenue  arising  from  the  excise  upon  spiritu- 
ous liquors  ma}'  be  increased  and  raised  with  more  equalit}', — 

lie  it  enacted, 

[Sect.  23.]     That  from   and  after  the  twenty-fifth  day  of  March,  Duties  to  be 
one  thousand  seven  hundred  and  fifty-eight,  to  the  twenty-sixth  dav  of  F''i'i"Pr"  "'L 

111"  -  "  ii'(uor«  iniporw 

March,  one  thousand  seven  hundred  anil  lilty-nme,  upon  all  rum  and  eiomianu- 
otlier  distilled  spirits,  and  all  wine,  imported  and  manufactured,  and  sold  ^''"'"■'^''• 
for  consumption  within  this  province,  there  be  laid  and  hereby  is  laid 
the  duty  of  excise  following  ;  viz., — 

For  every  gallon  of  rum  and  spirits  distilled,  eightpence ; 

For  every  gallon  of  wine  of  every  sort,  one  shilling :  to  be  paid  to 
the  collector  of  excise,  or  his  deputy,  b}'  every  person  having  permit  to 
sell  the  said  liquors  in  each  county,  respectively. 

And  be  it  further  enacted, 

[Sect.  24.]  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  }^,'i  ""I-ier^&c® 
antl  hereby  is  prohibited  from  selling  the  same,  or  any  part  thereof,  without  a  per' 
without  having  a  permit  so  to  do  from  the  collector  of  excise,  or  his  '""' 


62 


Province  Laws.— 1757-58.  [Chap.  19.] 


Proviso. 


Collector  apply- 
ing to  a  justice 
for  a  warrant, 
may  search  for 
liquors  sup- 
posed to  be 
concealed. 


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  aii}^  part  thereof,  without  having  a  permit  so 
*  do  from  the  collector  of  excise,  or  his  deputy,  on  forfeiture  of  two 
hundred  pounds,  and  of  the  value  of  the  liquors  so  sold ;  and  the  said 
permit  shall  express  the  particular  shop,  warehouse,  or  distil-house 
where  the  said  liquors  shall  be  permitted  to  be  sold,  and  if  any  per- 
son who  shall  have  such  permit  shall  sell  and  deliver,  or  cause  to  be 
sold  and  delivered,  an}'  of  the  liquors  aforesaid  from  any  place  or 
places  not  mentioned  in  such  permit,  he  shall  forfeit  four  pounds,  to  be 
paid,  one  third  to  the  prosecutor,  and  the  other  two  thirds  to  the  col- 
lector, for  the  use  of  this  government. 

Provided^  nevertheless^ — 

[Sect.  25.]  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  any  person  applying  for  the  same, 
until  a  collector  be  appointed  in  each  count}-,  respectively,  to  whom  the 
duty  or  excise  shall  be  paid  as  aforesaid,  and  until  the  collector  shall 
give  public  notice  of  his  appointment  as  aforesaid.  And  the  said  impost 
officer,  and  deputy,  shall  transmit  to  the  collector  of  each  county  an 
account  of  the  permits  by  each  of  them  respectivel}'  granted  to  persons 
living  in  such  count}'. 

xind  he  it  farther  enacted, 

[Sect.  26.]  That  if  the  said  collector  or  his  deputy,  shall  have  informa- 
tion of  any  place  where  any  of  the  liquors  aforesaid  shall  have  been  sold 
by  any  person  not  having  permit,  as  aforesaid,  ho  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  collector  or  deputy's  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  collector,  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 
said  place,  and  linding  such  liquors,  may  seize  and  take  the  same  into 
his  own  custody  ;  and  the  collector  aforesaid,  or  his  deputy,  shall  be  and 
hereby  is  impowered  to  command  assistance  and  impress  carriages 
necessary  to  secure  the  liquors  seized  as  aforesaid ;  and  any  persons 
refusing  assistance  or  preventing  said  officers  from  executing  their 
office,  shall  forfeit  five  pounds  to  his  majesty,  for  the  use  of  the  prov- 
ince ;  and  the  said  collector,  or  his  deputy,  shall  make  reasonable  satis- 
faction for  the  assistance  afforded,  and  carriages  made  use  of,  to  secure 
the  liquors  seized  as  aforesaid  ;  and  the  collector,  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  shop,  house, 
warehouse  or  distil-house  where  the  same  were  seized,  to  appear  and 
shew  cause,  if  any  he  hath,  why  the  said  liquors  so  seized  should  not  be 
adjudged  forfeited  ;  and  if  such  owner  or  occupier  shall  not  shew  cause 
as  aforesaid,  or  make  default,  the  said  liquors  shall  be  adjudged  for- 
feited, and  the  said  court  shall  order  them  to  be  sold  at  public  vendue,  and 
the  neat  produce  of  such  sale  shall  be  paid,  one  third  to  the  prosecutor, 
the  other  two  thirds  to  the  collector,  for  the  use  of  this  government. 


*  The  word  "to,"  omitted;  it  appears  in  the  recorded  act. 


[3d  Sess.]  Province  Laws.— 1757-58.  63 

Provided, — 

[Sect.  27.]  That  if  the  liquors  seized  as  aforesaid  be  less  in  quan-  Proviso, 
tity  than  one  hundred  gallons,  the  collector,  or  his  deput}-,  shall  Die  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  forfeited,  and  shall  order  them  to  ])e  sold 
as  aforesaid,  and  the  neat  produce  of  such  sale  to  be  disposed  of  as 
aforesaid :  saving  to  the  person  convicted  the  liberty  of  an  appeal,  he 
entring  into  recognizance  to  the  king,  for  the  use  of  the  province,  in 
the  sum  of  fifty  pounds. 

Be  it  further  enacted, 

rSECT.  28.1  That  every  person  having  permit  as  aforesaid,  shall,  at  Persona  haying 
the  end  of  each  half  year,  respectively,  from  the  twenty-fifth  day  of  suid,  to  remier 
March,  one  thousand  seven  hundred  and  fifty-eight,  be  ready  to  render  fheToMector^at 
to  the  collector  aforesaid,  or  his  deput}',  an  account,  on  oath,  of  all  the  end  of  every 
the  liquors  aforesaid  by  him  or  her,  and  by  any  person  or  persons  fng,^ ^c?"^' ^*^" 
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-fifth  day  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  family  have  been  consumed  or  expended 
■within  each  half  year,  respectivel}' :  which  account  shall  express  the 
lunnbcr  of  gallons  of  each  kind  of  the  liquors  so  sold  and  consumed, 
and  shall  pay  therefor  to  the  said  collector  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 
an}'  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  by  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- 
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  was  purchased,  and  the  name 
of  the  town  and  county  wherein  such  licenced  or  permitted  person  lives, 
and  shall  lodge  the  said  certilicate  with  the  said  collector  or  his  deputy  ; 
and  for  the  (luantity  of  said  liquors  mentioned  in  such  certificate,  the 
said  collector  or  his  deputy  shall  not  demand  any  dut}',  but  shall  deliver 
said  certilicate  to  the  collector  of  the  county  wherein  such  licenced  or 
jiermitted  persons,  signing  the  same,  lives  :  which  last-mentioned  collector 
or  his  dej)utv  shall  settle  with  such  licenced  or  permitted  person  for  the 
duty  aforesaid  which  may  be  due  from  him  or  her. 

[Skct.  29,1     And  if  anv  person,  having  a  permit  as  aforesaid,  shall  PirsonB having 

1  •  -".  r-  ii       "i-  r>  "•  1  1.       r.  ii  •  •  •  I)crmit  as  afore- 

ship  or  export  any  of  the  lujuors  aforesaid  out  of  tins  province  in  a  e.iid.  togheun 
quantity  not  less  than  sixty  gallons,  and  shall  make  a  fair  entry  thereof  ii^'illlrs'iVv  ihem 
with  the  collector  albr<\said,  or  his  deputy,  and  shall  produce  to  such  srnt  out  of  the 
collector  or  his  deputy,  when  he  comes  to  settle  his  account  of  excise,  one  i"""^''"''*'* 
of  the  recei[)t3  or  bills  of  lading  given  therefor  I)}'  the  master  of  the 
vessel  on  board  which  such  liquors  shall  be  shipped,  or  if  it  shall  be 
carried  out  of  the  province  by  land  or  in  small  i)oats,  then  of  the  per- 
son who  is  master  of  the  land-carriage  or  boat,  expressing  the  quantity 
thereof  and  the  time  of  their  Ijeing  shipped,  and  shall  loilge  such  receipt 
or  bill  of  lading  with  the  collector  or  his  deputy  aforesaid,  and  at  the 
same  time  shall  swear  that  such  liquors  are  bond  fide  sent,  or  intended 


64 


Prov^ince  Laws.— 1757-58.  [Chap.  19.] 


Persons  not 
having  permit, 
to  icndor  an 
account,  &c. 


Penalty  for 
masters  or 
others  giving 
certificate  with- 
out receiving 
the  liquors. 


Proviso. 


Collectors  to 
give  certificate, 
on  penalty. 


Persons  apply- 
ing for  a  permit, 
to  give  bond. 


Preamble. 


Persons  import- 
ing liquors  I'or 
private  cou- 


to  be  sent,  out  of  this  province,  he  or  she  shall  not  be  held  to  pay- 
thereon  the  duty  aforesaid, 

[Sect.  30.]  And  if  any  person  not  having  permit  shall  purchase 
for  exportation  out  of  this  province  any  of  said  liquors  in  a  quantity 
not  less  than  sixty  gallons  of  a  person  having  permit,  the  purchaser 
shall  make  entry  thereof  with  the  collector  or  his  deputy,  and  at  the  same 
time  swear  that  such  liquors  are  hond  fide  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  j^erson  of  whom  he  purchased  as 
aforesaid,  who  shall  pay  such  duty  to  the  collector  or  his  deputy  ;  but  if 
the  purchaser  aforesaid  shall  deliver  such  receipt  or  bill  of  lading  as 
aforesaid,  and  it  be  lodged  with  the  collector  or  his  deputy,  then,  for  the 
quantity  of  said  liquors  mentioned  therein,  the  collector  or  his  deputy 
shall  not  demand  any  duty. 

[Sect.  81.1  And  if  the  master  of  any  vessel,  or  any  other  person, 
shall  give  such  certificate,  receipt  or  bill  of  lading,  without  receiving  the 
liquors  mentioned  therein  ;  or  if  any  person  shall  procure  such  certifi- 
cate, recei]>t  or  bill  of  lading,  with  design  to  defraud  the  government, 
and  shall  be  thereof  convicted,  they  and  each  of  them  shall  forfeit 
and  pay  the  sum  of  one  hundred  pounds  ;  two  thirds  for  the  use  of- 
this  government,  and  the  other  third  for  the  use  of  the  jn-osecutor. 
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. 

Provided^  nevertheless^ — 

[Sect.  32.]  That  the  person  having  permit  as  aforesaid,  shall  not 
sell  any  of  the  liquors  aforesaid  in  a  quantity  less  than  twenty-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. 

Be  it  farther  enacted, 

[Sect.  33.]  That  the  collector  aforesaid,  or  his  deputy,  when  the 
exporter  shall  make  an  entry  with  him  as  aforesaid,  or  shall  make  an 
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,  oa 
penalty  of  one  hundred  pounds  for  the  use  of  the  exporter. 

And  be  it  further  enacted, 

[Sect.  34.]  That  every  person  applying  to  the  collector  or  his 
deputy,  or  to  the  impost  officer  or  his  deputy,  for  a  permit,  shall  give 
bond,  for  the  use  of  this  province,  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  pay- 
ment 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  he  hath  given  such  bond. 

And  whereas  the  importer  of  any  of  the  liquors  aforesaid,  or  the 
person  to  whom  they  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  la}'  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  afore- 


[3d  Sess.]  Provixce  Laws. — 1757-58.  65 

said  for  his  own  private  consumption,  shall,  at  the  end  of  each  half  sumption,  &c., 
3-ear,  rcs[)ectivcly,  make  out  an  account  expressinsj  the  kind  and  full  iccomi'i Thereof 
quantity  of  the  liquors  aforesaid,  imported  or  consiirned  as  aforesaid;  to  the  collector, 
wliich  account  such  importer  or  consignee  shall  render  to  the  collector 
or  his  deputy,  on  oatli,  and  shall  pay  to  the  said  collector  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  dut}'  or 
excise  on  the  quautit}'  so  imported  or  consigned,  to  and  for  the  use  of 
the  province. 

[Skct.  oG.]     And  if  said  collector  or  his  deputy  shall  have  reason  to  Collector  may 
suspect  any  person  of  bringing  or  importing  into  this  province,  either  foracn-^unT'^^ 
by  land,  or  water,  carriajrc,  anv  of  the  liquors  aforesaid,  without  havino-  where  he  may 
rendered  account  and  paid  tiic  duties  or  excise  as  aforesaid,  the  said  Kivinijafaise 
collector  may  apply  to  any  justice  of  the  peace  within  the  county  where  ''ccouut,  s:c. 
the  suspected  person  lives,  for  a  warrant  or  citation  ;  and  such  justice 
is  hereby  irapowered  and  required  to  cite  or  apprehend  such  suspected 
person  to  appear  before  him  within  twenty-four  hours  on  a  complaint 
made  against  him  or  hor  by  the  collector  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  confession  of  the 
party,  or  by  the  evidence  of  one  credible  witness,  that  such  suspected 
person  has,  by  him-  or  herself,  or  b}'  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 
excise  as   aforesaid,  such  suspected  person  shall  then  render  a  full 
account,  on  oath,  of  the  kinds  and  qualit}'  of  the  liquors  imported  or 
consigned  as  aforesaid,  and  shall  pa}-  on   such  liquors  treble  dut3'  or 
excise  as  aforesaid,  one  third  for  the  use  of  the  prosecutor,  the  other 
two  thirds  for  the  use  of  this  government,  and  costs. 

[Sect.  37.]  And  said  justice  is  hereby  impowered  to  make  up  judg- 
ment and  award  execution  accordingly :  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  olfence,  in  the  sum  of  fifty 
pounds ;  and  any  person  or  persons  upon  refusing  to  render  such 
account  and  paying  as  aforesaid,  shall  forfeit  fifty  pounds,  one  third 
for  the  use  of  the  prosecutor,  the  other  two  thirds  for  the  use,  of  this 
government,  in  lieu  of  such  treble  duty,  to  be  recovered  as  is  hereafter 
provided  in  this  act. 

[Sect.  38.]  And  if  no  confession  be  made  b}-  such  suspected  per- 
son, and  no  evidence  produced  as  aforesaid,  he  or  she  shall  then  clear 
him-  or  herself  from  the  complaint  aforesaid,  b}'  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  tha 
self,  or  any  person  on  your  behalf,  imported  into  this  province  any  rum  or  "''"'• 
spiiits  distilled,  or  wino,  and  that  you  have  not  had  any  of  said  li(iuors  directly 
or  indirectly  eonsinrned  to  you,  but  wliat  you  have  paid  (lie  duty  or  excise 
upon,  aeeonliiig  to  an  aet  of  said  province,  niride  in  {\w  thirty-first  year  of 
his  majesty's  reign,  iiititleil  "  An  Act  for  granting  unto  his  majesty  an  excise 
upon  spirits  distilled,  and  wiue,  and  upon  limes,  lemmons  and  oranges." 
So  help  you  God. 

— which  oath  the  said  justice  is  hereby  impowered  and  required  to 
administer. 


66 


Province  Laws. — 1757-58. 


[Chap.  19.] 


Penalty  for 
refusing  to  take 
the  oath. 


Collector  to 
grant  a  permit, 
on  penalty. 


[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  forfeit  the  sum  of  fifty  pounds, 
one  third  for  the  use  of  the  prosecutor,  the  other  two  thirds  for  the  use 
of  this  government,  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  collector  or  his  deputy,  respectively,  who  applyed  for 
such  citation  or  warrant ;  who  shall  also  pay  to  the  person  cited  or 
apprehended,  and  taking  said  oath,  the  sum  of  twenty  shillings. 

And  be  it  further  enacted, 

[Sect.  40.]  That  the  collector,  or  his  deputy,  shall  be  and  hereby 
is  obliged  to  grant  a  permit,  under  his  hand,  to  every  person  apply- 
ing 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., — 


Form  of  the 
permit. 


Collector  to 
keep  an  office  in 
each  Bcaport 
town,  &c. 


Preamble. 


Person8  import- 
ing liquors  as 
aforesaid,  to 
give  bond. 


You,  A.  B.  of  C,  in  the  county  of  D.,  are  hereby  permitted  to  sell  rum  and 
other  distilled  spirits,  apd  wine,  or  any  of  said  liquors,  at  ,  in  C. 

aforesaid,  until  the  day  of  ,  one  thousand  seven  hundred 

and  fifty-  ,  pursuant  to  an  act  of  this  province,  made  in  the  thirty-first 
year  of  his  majesty's  reij^n,  intitled  "  An  Act  for  granting  unto  his  majesty  an 
excise  upon  sj^irits  distilled,  and  wine,  and  upon  limes,  lemmons  and  or- 
anges."   Dated  at  C,  this  day  of  ,  175  . 

A.  B.,  collector  (or  deputy  collector)  of  excise  for  the  county  aforesaid. 

And  for  such  permit  the  said  collector  or  deputy  shall  be  entitled  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. 

And  be  it  further  enacted, 

[Sect.  41.]  That  the  collector  of  excise,  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  nine  of  the  clock  in  the  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  Monday  and  Thursdays,  within 
the  hours  aforesaid,  of  each  of  said  days,  respectively. 

Provided,  also, — 

[Sect.  43.]  That  the  said  collector  or  his  deputy,  on  application 
made,  shall  at  any  other  time  grant  permits,  receive  entries,  and  give 
certificates  as  aforesaid. 

And  whereas  persons  not  belonging  to  this  province  may  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  collector,  and  by  that  means 
may  avoid  paying  the  duty  upon  what  has  been  so  disposed  of;  for  pre- 
venting whereof, — 

Be  it  enacted, 

[Sect.  44.]  That  every  person  importing  the  liquors  aforesaid,  and 
applying  to  the  collector  or  his  deputy  for  a  permit  to  sell  the  same, 
shall  give  bond  to  said  collector  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  collector  or  his  deputy  an  account,  on  oath,  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  collector  or  his  deputy  shall 


[3d  Sess.]  Province  Laws. — 1757-58.  G7 

not  be  oV)liged  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 
siiall  give  bond  as  aforesaid,  and  shall  leave  the  province  before  such 
bond  be  discharged,  the  collector  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,  one  third  for  the  use  of  the  prosecutor,  the 
other  two  thirds  for  the  use  of  this  government. 

Be  it  further  enacted, 

[Sect.  45.]      That  all  fines,   penalties   and  forfeitures,   arising  or  now  fines,  &c., 
accruing  by  any  breach  of  this  act,  and  not  otherwise  appropriated,  acl^'a^e'to  bo"* 
shall  be,  two  thirds  to  his  raajest}'  for  the  use  of  this  government,  and  disposed  of. 
the   other   third  for  the  use  of  the   prosecutor ;   to   be  recovered  by 
action,  bill,  plaint  or  information  in  any  of  his  majesty's  courts  of 
record.     \_Pa6sed  January  25;  xmhlished  Januanj  26,  1758. 


CHAPTER   20. 

AN  ACT  FURTHER  TO  EXEMPT  PERSONS  COMMONLY  CALLED  QUAKERS 
AND  ANNABAPTISTS  FROM  PAYING  MINISTERIAL  TAXES. 

Whereas  the  several  acts  for  exempting  persons  commonl\'  called  Preamble. 
Quakers  and  Annabaptists  within  this  province  from  being  taxed  for  HHr,' '".''"^■i".; 
and  towards  the  support  ot  ministers,  are  expired, —  aomy,  a-i. 

Be  it  enacted  by  the  Govemour,  Council  and  House  of  liepresent- 
atives, 

[Sect.  1.]     That  from  and  after  the  first  day  of  February  next,  none  Quakers  nnd 
of  the  persons  commonly  called  Quakers  or  Annabaptists,  who  alledge  a  ^''ni'nu'.'rfrom 
scruple  of  conscience  as  the  reason  of  their  refusal  to  pay  any  part  or  uxch  f..r  niin. 
pro|)()rtion  of  such  taxes  as  are  from  time  to  time  assessed  for  the  sup-  Tw^!hJua\:a"''^ 
port  of  the  minister  or  ministers  of  any  church,  set[<]led  l)y  the  laws  of 
this  province,  in  the  town,  district,  precinct  or  parish  where  they  dwell, 
shall  have  their  poll,  or  estate  real  or  personal  in  their  own  hands  and 
under  their  actual  improvement,  taxed  towards  the  settlement  or  sup- 
port of  such  minister  or  ministers,  nor  for  building  or  repairing  any 
meeting-house  or  place  of  publick  worship. 

And  to  the  intent  that  it  may  be  the  better  known  what  persons  arc 
of  the  perswasion  of  the  people  called  Quakers,  who  are  exempted  by 
this  act, — 

Be  it  further  enacted., 

[Sect.  2.]     That  no  person  in  any  town,  district,  precinct  or  parish  Ruicfor 
wiihiu  the  limits  of  this  government^  shall,  for  the  future,  be  esteemed  JerHTm""""* 
or  accounted  to  be  a  Quaker,  and  have  his  poll  or  polls,  or  any  estate  Quiikcrn,  in  the 
to  him  or  her  belonging,  exempted  from  paying  a  proportionable  part  of  "''■"'"''"  '  *""  ''*• 
the  ministerial  taxes  that  shall  i)e  raised  therein,  but  such  whose  name[s] 
shall  be  contained  in   a  list  or  lists  to  be  taken  and  exhil)ited  on  or 
before  the  first  da^*  of  Februar}'  next,  and  afterwards,  during  the  con- 
tinuance of  this  act,  on  or  before  the  twentieth  day  of  .Tiily,  annually, 
to  the  assessors  of  such  town,  district,  precinct  or  parish,  and  signed 
1)V  three  or  more  of  the  principal  members  of  that  meeting  to  which  ho 
or  they  belong,  who  shall  therein  certify  that  they  verily  bel[ei][/'']vc 
the   persons  whose  names  are  inserted  in  said  list  or  lists  are  rcallv 
belonging  thereto,  and  arc  conscien[t][c]iously  of  their  perswasion,  and 


68 


Province  Laws. — 1757-58.  [Chap.  21.] 


Rule  for 
denominating 
persons  Ana- 
baptists, in  the 
sense  of  the 
law. 


Limitation. 


that  they  do  frequenth'^  and  usually  attend  their  meetings  for  the  wor- 
ship of  God  on  the  Lord's  day. 

And  to  the  intent  that  the  Annabaptists,  who  are  truly  such,  and 
therefore  exempted  by  this  act,  may  be  the  better  known  and  distin- 
guished from  those  who  pretend  to  be,  but  reall}'  are  not  of  that  per- 
swasion, — 

Be  it  further  enacted, 

[Sect.  3.]  That  no  person  in  any  town,  district,  precinct  or  parish 
as  aforesaid,  shall  be  so  esteemed  or  accounted  to  be  an  Annabaptist, 
as  to  have  his  or  her  poll  or  polls,  or  any  estate  to  him  or  her  belong- 
ing, exempted  from  paying  a  proportionable  part  of  the  ministerial 
taxes  that  shall  be  raised  therein,  but  such  whose  names  shall  be  con- 
tained in  a  list  or  lists  to  be  taken  and  exhibited  on  or  before  the  first 
day  of  February  next,  and  afterwards,  during  the  continuance  of  this 
act,  on  or  before  the  twentieth  day  of  July,  annuall}^  to  the  assessors 
of  such  town,  district,  precinct  or  parish,  and  signed  bj'  three  principal 
members  of  the  Annabaptist  church  to  which  he  or  they  belong,  and  the 
minister  thereof,  if  any  there  be,  who  shall  therein  certif[ie][?/]  that 
the  persons  whose  names  are  inserted  in  said  list  or  lists  are  really 
belonging  thereto,  that  they  verily  believe  them  to  be  conscien[t][c]i- 
ously  of  their  perswasion,  and  that  they  do  frequently  and  usually 
attend  the  publick  worship  in  such  church  on  the  Lord's  day. 

[Sect.  4.]  This  act  to  be  in  force  for  the  space  of  three  years  from 
and  after  the  first  day  of  February,  one  thousand  seven  hundred  and 
fifty-eight,  and  no  longer.  [^Passecl  January  25  ;  published  January 
26,  1758. 


CHAPTEK    21. 

AN  ACT  FOR  ALTERING  A  CLAUSE  IN  AN  ACT  MADE  IN  THE  THIRTIETH 
YEAR  OF  HIS  PRESENT  MAJESTY'S  REIGN,  INTITLED  "AN  ACT  TO 
PREVENT  DAMAGES  BEING  DONE  UNTO  BILLINGSGATE  BAY,  IN  THE 
TOWN  OF  EASTHAM,  BY  CATTLE  AND  HORSES  FEEDING  ON  THE 
BEACH  AND   ISLANDS   ADJOINING   THERETO." 


§5. 


Preamble.  Whereas,  b}'  Said  act,  liberty  is  given  to  Samuel  Smith,  Esq'^''^,  his 

1756-57, chap. 31,  hcii's,  tfcc^.,  to  feed  a  certain  number  of  cattle  on  the  beach  and  islands 
therein  mentioned,  he  performing  several  conditions  in  the  act  recited, 
1756-57, chap. 31,  amoiig  which  one  is  mentioned  b^'  wa}'  of  proviso;  vizi^'^.,  "That  the 
said  Samuel  Smith,  his  heirs,  executors  or  administrators,  shall  and  do 
make  and  maintain  a  good  and  sufficient  fence  across  the  north  part  of 
the  island,"  therein  mentioned,  and  into  the  sea,  which  article  is  repre- 
sented impracticable  to  be  done  ;  and  whereas  the  town  of  P^astham, 
together  with  the  said  Samuel  Smith,  have  petitioned  that  the  para- 
graph relating  to  said  fence,  and  into  the  sea,  be  taken  off, — 

Be  it  enacted  by  the  Governour,  Coancil  and  House  of  Representa- 
tives. 

That  that  part  of  the  proviso  in  said  act  above  recited,  relative  to  the 
fence  aforesaid,  be  and  hereby  is  declared  null  and  void,  and  no  longer 
[to]  be  esteemed  as  part  of  said  act  during  its  continuance.  \_Passed 
January  11 ;  published  January  26,  1758.  - 


Clause  in  said 
act  rendered 
void. 


[4th  Sess.]  Province  Laws. — 1757-58.  69 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Second  day  of  March,  A.  D.  1758. 


CHAPTER   22. 

AN  ACT  TO  PREVENT  BRIBERY  AND  CORRUPTION. 

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

[Sect.  1.]     That  if  any  person  shall  directly  or  indirectly  give  or  rersonswho 
engage  to  pay  any  sum  of  money,  or  other  valuable  consideration,  to  cngageTny'^Buin 
another,  in  order  to  induce  such  other  person  to  procure  for  him  by  his  of  money,  &c., 
interest,  influence  or  any  other  means  whatsoever,  any  office  or  place  pi:ic*"o/'tru8t,*"^ 
of  trust  witliin  this  government,  and  be  thereof  convict,  shall  forfeit  a  pe^itl"* 
sum  not  exceeding  one  hundred  pounds,  nor  less  than  twent}^  pounds, 
at  the  discretion  of  the  court  which  shall  have  cognizance  of  the  same, 
and  l)e  rendered  forever   after  incapable  of    sustaining  any  office  or 
place  of  trust  within  this  province. 

And  be  it  farther  enacted^ 

[Sect.  2.]  That  if  any  person  shall  receive  of  another  any  sum  of  PcrsonRwho 
money,  or  other  valuable  consideration,  as  a  reward  for  procuring,  or  any  summer 
to  procure,  any  office  or  place  of  trust  within  this  government  for  any  money,  &c.,  for 

'--'  •-     procuring  nnv 

other  person,  and  be  thereof  convicted,  shall  forfeit  a  sum  not  exceed-  office  or  place  of 
ing  one  hundred  pounds,  nor  less  than  twent}-  pounds,  at  the  discretion  pclfaity?'''*'  ^^ 
of  the  court  which  shall  have  cognizance  of  the  same  ;  and  if  such 
offender  be  in  any  such  office,  he  shall,  on  the  conviction,  be  disabled 
from  holding  the  same,  and  be  forever  after  incapable  of  sustiiining 
anv  office  or  place  of  trust  witiiin  tliis  province. 

And  for  the  more  easy  conviction  of  such  oflfcndcrs, — 

Be  it  further  enacted^ 

[Sect.  3.]     Tiiat  if  either  of  the  parties  offending  as  aforesaid  shall  ,^*""7r"ecd'fr*'""' 
give  information,  upon  oath,  against  the  other  ofTending  part}-,  and  shall  penaiu^  "^"^ 
dul}'  prosecute  said  information,  such  informer  shall  be  freed  from  every 
the  penalties  aforesaid. 

[Sect.  4.]     And  all  offences  against  this  act  shall  be  heard,  tried  Offences  to  bo 
and  determined  before  tlic  supcriour  court  of  judicature,  court  of  assize  court  of  a^iie? 
and  general  goal  delivery  ;  and  all  pecuniary  penalties  accruing  thereby 
shall  be,  one  third  thereof  to  the  informer,  and  the  other  two  thirds  to 
the  province.     \_Passed  March  25  ;  published  March  27,  1758. 


70 


Province  Laws.— 1757-58.  [Chaps.  23,  24.] 


CHAPTEE   23. 


Preamble. 


Proprietors 
invested  with 
the  powers  and 
privileges  of 
calling  meet- 
ings, &c. 


AN  ACT  FOE,  REGULATING  THE  PROPRIETORS  OF  THE  MEADOW  AND 
FLAT  GROUND  WITHIN  THE  COVE  CALLED  THE  LITTLE  HARBOUR,  IN 
THE  TOWNSHIP  OF  HINGHAM,  IN  THE  COUNTY  OF  SUFFOLK. 

Whereas  the  proprietors  of  the  meadow  and  flat  ground  within  the 
cove  called  the  Little  Harbour,  in  the  township  of  Hiiigham,  in  the 
county  of  Suffolk,  in  the  j-ear  one  thousand  seven  hundred  and  fort_v,  at 
a  great  expence  erected  a  dam  at  the  mouth  of  said  harbour,  l\y  means  of 
which  the  same  yearly  produces  a  considerable  quantity  of  thatch,  but 
that  a  growing  charge  arises  from  time  to  time  in  keeping  the  said  dam 
in  repair,  and  that  of  letting  in  and  drawing  off  the  water  as  is  neces- 
savy,  and  that  the  same  for  time  to  come  may  be  well  regulated,  and 
the  charge  thereof  equally  born, — 

Be  it  enacted  by  the  Governo[u']i\  Council  and  House  of  Represent- 
atives, 

That  the  proprietors  aforesaid  be  and  hereby  are  invested  with  the 
same  powers  and  privileges  of  calling  and  regulating  meetings  and  choos- 
ing proper  officers,  as  the  proprietors  of  common  and  undivided  lands 
by  law  are  invested  with  ;  and  by  a  major  vote  of  the  proprietors,  to  be 
collected  according  to  their  interest,  may  make  [such]  orders  and  rules 
as  they  shall  judge  necessary,  touching  the  repairing  or  making  any 
dam  or  dams  and  drawing  off  the  water,  and  grant  and  raise  any  tax 
or  taxes  for  the  dofre3'ing  their  necessary  charges  to  be  assessed  and 
levied  on  the  several  occupants  of  such  meadow  or  flatts,  in  manner  as 
b}'  law  publick  taxes  are  to  be  levied.  [^Passed  March  25  ;  published 
March  27,  1758. 


CHAPTER    24. 


Preamble. 


■Embargo  on  all 
vessels  till  the 
first  of  June,  on 
penalty. 


No  flsbing 
vessels  to  sail 
to  the  banks  of 
Newfoundland 
till  tbe  said  first 
of  June. 


AN  ACT  [FOR]   LAYING  AN   EMBARGO   UPON   SHIPS  AND   OTHER   VES- 
SEL[L]S  IN  THIS  PROVINCE. 

Whereas  it  is  judged  necessary  for  his  majesty's  service  that  an 
embargo  should  be  laid  upon  ships  and  other  vessel [l]s  within  this 
province, — 

Be  it  enacted  by  the  Governol^iijr,  Council  and  House  of  Representa- 
tives, 

[Sect.  L]  That  no  vessel[l]  shall  sail  or  depart  from  any  port  or 
other  place  of  this  province  out  of  it,  'till  the  first  day  of  June  next 
without  leave  first  obtained  from  his  excellency  the  governo[it]r,  with 
the  advice  of  his  majesty's  council ;  and  if  any  vessel  [1]  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  [1]  so  departing 
shall  forfeit  and  pay  the  sum  of  two  hundred  pounds  ;  and  the  owner  or 
owners  of  every  vessel  [1]  so  departing  shall  forfeit  and  pay  the  sum  of 
two  hundred  pounds,  and  the  said  last-mentioned  forfeiture  shall  and 
may  be  recovered  from  any  or  either  of  the  owners  of  such  vessel[l], 
where  more  than  one  person  shall  be  interested. 

And  be  it  further  enacted, 

[Sect.  2.]  That  no  fishing  vessel [1]  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  first  day  of  June  next  without  leave  first  had  and 
obtained  as  aforesaid  ;  and  the  owner  or  owners  of  any  fishing  vessel[l] 


[4Tn  Sess.]  Province  Laws.— 1757-58.  71 

that  may  depart,  contrary  to  the  true  intent  and  meaning  of  this  act, 
shall  forfeit  and  pay  the  like  sum  of  two  hundred  poinids  :  saviiuj,  only  saving, 
such  small  vessel [ijs  or  boats  as  may  be  employed  in  catching  of  fish, 
and  that  shall  not  be  absent  more  than  six  days  at  a  time,  extraordi- 
nary casualties  excepted ;  the  aforesaid  penalties  to  be  recovered  by 
bill,  plaint  or  information  before  any  of  his  majesty's  courts  of  record 
within  this  province. 

And  be  it  further  enacted., 

FSect.  o.\     That  all  forfeitures  by  this  act  shall  he,  one  half  to  bis  ForfeitnrcR, 
majesty,  to  be  paid  into  the  province  treasury  for  the  use  ol  tins  prov-  posed  of. 
ince,  tiie  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  maybe  lawful  for  the  governo[w]r,  Power  to  take 
with  the  advice  of  the  council,  at  any  time  before  the  said  first  day  of  said'emba'rgo. 
June  next,  to  take  oft'  said  embargo,  or  to  extend  it  beyond  said  time 
not  exceeding  the  twenty-second  day  of  June  next,  under  the  same 
penalties,  if  his  majesty's  service  will  permit  the  one  or  shall  require 
the  other.     \_Passed  March  25  ;  published  March  27,  1758. 


CHAPTER   25. 

AN  ACT  PROVIDING   FOR   TIIE   RECEPTION   AND   ACCOMMODATION  OF 
HIS  MAJESTY'S  FORCES  WITHIN  THIS  PROVINCE. 

Be  it  enacted  by  the  Governo^tilr,  Council  and  House  of  Represent- 
atives., 

[Sect,  1.]     That  when,  and  so  often  as,  during  the  continuance  of  Kcpminr  forces 
this  act,  it  shall  be  judged  necessary  for  the  defence  of  his  majesty's  rhrou'i'huio 
dominions  or  for  canying  on  measures  against  his  enemies,  that  any  piovinco,  to  bo 
of  his  majesty's  regular  forces  should  marcli  through  any  of  the  towns  quarters,  &c, 
or  districts  within  this  province,  every  taverner  or  innholder  within 
such  town  or  district,  the  tavcrncrs  or  innholdors  within  the  town  of 
Boston  only  excepted,  shall  rec[ie][ei]ve  and  entertain  within  their  re- 
•  spective  houses  and  outhouses  as  many  of  such  forces  as  can  therein  be 
rec[ie][^j]ved  and  accom[m]odatod,  and  shall  furnish  their  horses  with 
ha}' ;  and  if  such  forces  shall  not  be  provided  with  victuals,  ever}'  such 
taverner  or  innholder  shall  furnish  them  with  diet  and  small  beer,  pay- 
ment or  allowance  to  be  made  therefor  as  follows  ;  viz'^'^,  for  one  com-  Rates  of 
mission  oflicer  of  foot,  under  the  degree  of  a  captain,  for  his  diet  and  i"""''"* 
small  beer,  per  diem,  one  shilling  sterling  ;  and  if  such  oflicer  shall  have 
an  horse  or  horses,  for  each  such  horse  or  horses,  for  hay  and  straw, 
per  diem,  sixpence  sterling ;  for  each  foot  soldier's  diet  and  small  beer, 
sixpence  sterling  per  diem  ;  and  so  in  proportion  for  part  of  a  day. 

And  be  it  further  enacted, 

[Sect.  2.]     That  upon  complaint  made  to  any  justice  of  the  peace  Complaint  made 
for  any  of  the  counties  in  this  province,  respectivel}',  that  any  taverner  "fv.'r,K.r""inn. 
or   innholder   doth   refuse    to  rec[ie][f'/]ve  and  entertain  any  of  his  holder, &c. 
majesty's  forces  as  aforesaid,  such  justice  shall  forthwith  make  enquiry 
into  the  grounds  of  such  complaint,  and  shall  thereupon,  within  two 
hours,    determine    and    order    how    many   of    such    forces    shall   be 
rec[ie][('(!]vod  into  the  house  or  outhouses  of  such  taverner  or  inn- 
holder, and  how  many  shall  be  furnished  with  diet  and  small  beer,  and 
how  many  horses  shall  be  furnished  with  hay  ;  and  every  taverner  or  rcnaity. 
innholder  refusing  or  neglecting  to  rec[ie][ei]ve  and  entertain  such  and 


12 


Province  Laws.— 1757-58.  [Chap.  26.] 


Governor,  with 
the  advice  of  the 
council,  to 
authorize  per- 
sons to  provide 
quarters  for  his 
ma.icsty's  forces, 
in  ihe  towu  of 
Boston. 


Limitation. 


SO  many  of  the  forces,  and  to  provide  hay  for  such  and  so  many  horses 
as  shall  be  thus  ordered,  shall  for  each  offence  forfeit  and  pay  the  sum 
of  ten  pounds  sterling. 

And  be  it  further  enacted, 

[Sect.  3.]  That  when  and  so  often  as,  during  the  continuance  of 
this  act,  any  of  his  majest^-'s  regular  forces  shall,  for  the  defence  of  his 
dominions  or  for  prosecuting  measures  against  his  majesty's  enemies, 
be  ordered  to  the  town  of  Boston,  it  shall  and  may  be  lawful  for  the 
governo[?f]r,  with  the  advice  of  the  council,  to  appoint,  authorize  or 
impower  any  person  or  persons  to  agree  for,  take  up  or  impress  such 
and  so  many  houses  and  buildings  in  or  near  said  town  of  Boston  as 
shall  be  judged  sufficient  and  necessary,  together  with  the  barracks 
already  provided  at  Castle  William,  to  rec[ieJ[e^■]ve  and  accom[??i]o- 
date  the  whole  number  of  forces  that  may  be  so  ordered,  and  also  to 
provide  such  barrack  utensils  and  necessaries  as  shall  be  judged  reason- 
able ;  the  charge  thereof  to  be  advanced  and  paid  out  of  the  public  [k] 
treasury,  and  an  account  thereof  to  be  transmitted  to  the  general  of 
his  majesty's  forces  for  a  reimbursement,  or  to  the  agent  of  this  prov- 
ince in  England  in  order  to  his  solliciting  the  repaj'ment  of  the  same. 

[Sect.  4.]  This  act  to  be  and  continue  in  force  for  three  months 
fi'om  the  last  day  of  March,  one  thousand  seven  hundred  and  fifty-eight, 
and  no  longer.     [^Passed  March  25  ;  published  March  27,  1758. 


CHAPTEE   26. 

AN  ACT  IN  ADDITION  TO  AN  ACT  MADE  AND  PASSED  THIS  PRESENT 
YEAR,  INTIT[U]LED  "AN  ACT  IN  ADDITION  TO  THE  SEVERAL  ACTS 
OF  THIS  PROVINCE  FOR  REGULATING  THE  MILITIA." 


§1. 


Preamble.  Whereas,  iu  and  by  an   act  made  and  passed  this  present   year, 

1757-58,  chap.  18,  intit[u]led  "An  Act  in  addition  to  the  several  acts  of  this  province 
for  regulating  the  militia,"  it  is,  among  other  things,  provided  and 
declared  as  follows;  viz"^'^.,  "  that  the  captain  or  chief  officer  of  each 
militaiy  foot  company  shall  instruct  and  employ  his  company  in  mili- 
tary exercises  six  da3's  in  a  year  for  two  years,  from  the  first  day  of 
March  next ;  viz"^'^.,  on  the  second  and  third  Mondays  in  April,  the  first 
Monda}^  in  May,  the  first  Tuesday  in  June,  and  the  last  Monday  in  Octo- 
ber, and  the  Tuesday  following  such  Monday  "  ;  "  and  that  the  captain 
or  chief  officer  of  each  troop  or  militaiy  companj'  of  horse,  shall  exer- 
cise his  company  four  da^'s  in  each  jqhx  ;  viz'^'^.,  the  second  and  third 
Monda^-s  in  April,  the  last  Monda}'  in  October,  and  the  Tuesday  next 
following  the  same  Monday ;  "  —  and  whereas  the  great  scarcity  of 
labourers,  which  will  be  the  natural  consequence  of  raising  within  this 
government  so  large  a  body  of  forces  as  are  proposed  to  be  raised  this 
present  year,  will  make  it  necessary  that  those  which  are  left  be  not 
called  off  from  their  labour, — 

Be  it  therefore  enacted  by  the  Gove7'no[^ic']r,  Council  and  House  of  Rep- 
resentatives, 

[Sect.  1.]  That  no  captain  or  chief  officer  of  &\ry  foot  company  shall 
be  held  and  obliged  to  call  together,  instruct  or  employ,  his  company 
as  aforesaid,  on  the  second  or  third  Mondays  in  April,  the  first  Monday 
in  May,  or  the  first  Tuesday  in  June,  this  present  year  ;  and  no  captain 
or  chief  officer  of  any  troop  or  military  company  of  horse  shall  be  held 
and  obliged  to  exercise  his  company  on  the  second  or  third  Mondays  in 
April,  this  present  year  ;  and  no  foot  soldier  nor  trooper  shall  be  liable 


Captains  or 
chief  officers 
exempted  from 
calling  their 
companies  and 
troops,  &c. 


[4th  Sess.]         Province  Laws. — 1757-58.  73 

to  nnv  ponalty  foi*  not  appearing  in  arms  on  cither  of  those  days 
respcc'tivcl}-,  anything  in  the  act  aforesaid  to  the  contrary  notwith- 
standing. 

Provided^  abvnijs,  and  it  is  hereby  declared,  — 

[Sect.  2.]     That  nothing  in  this  act  shall  be  construed  or  under-   rmviso. 
stood  to  exempt  an}-  ofliccr  or  soldier  in  horse  or  foot  from  the  duties 
anil  penalties  in  the  aforesaid  act,  in  case  of  an  alarm  on  either  of  the 
daj-s  aforesaid.     [^Passed  March  25  ;  published  March  27,  17a8. 


CHAPTER  27. 

AN    ACT    TO    PREVENT    SOLDIERS    AND    SEAMEN    IN    HIS    MAJESTY'S 
SERVICE  FROM  BEING  ARRESTED  FOR  DEBT. 

For  the  more  speedy  and  effectual  levying  of  soldiers,  and  to  prevent  Preamble, 
their  l)cing  arrested  for  debt, — 

Be  it  enacted  bi)  the  Governo[xt]r,  Council  and  House  of  Represent- 
atives, 

[Sect.  1.]     That  no  person,  who  is  or  shall  be  engaged  in  his  raaj-  Soldiers  and 
esty's  service,  either  as  a  non-commission  oHicer,  private   soldier  or  mnlJ^rty's'ec'r^ 
seaman,  shall,  during  his  continuance  therein,  be  liable  to  lie  taken  out  vice,  not  n.ii.io 
of  his  majesty's  service  by  any  process  or  execution,  unless  for  some 
criminal  matter,  for  any  sum  under  the  value  of  twenty  pounds  ;  nor  for 
any  greater  sum  until  oath  shall  be  made  by  the  plaintiff  or  plaintifTs,  Oath  for  any 
before  one  of  the  justices  of  the  court  out  of  which  the  execution  or  befllrc'two™'"^' 
process  shall  issue,  or  before  two  justices  of  the  peace,  quorum  unus,  in  justices,  &c 
the  county  where  the  plaintif[/]  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  at  least,  and  was 
due  on  the  first  day  of  March,  instant ;  and  every  non-commission  olli-  Tiodyof  soi. 
cer,  private  soldier  or  seaman,  whose  body,  contrary  to  the  intent  of  5lo^v"oh*iJ'dir' 
this  act,  shall  be  arrested  by  mean  process  or  execution  after  his  engag-  charged, 
ing  in  said  service,  ma\-  and  shall  be  set  at  libert}'  hy  two  justices  of  the 
peace,  quorum  unus,  in  the  county  where  such  non-commission  ofliccr, 
private  soldier  or  seaman,  is  taken,  upon  application  made  by  him  or 
his  superior  officer,  and  proof  of  his  being  ent[e]rOd  into  the  service 
aforesaid. 

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

[Sect.  2.]     That  no  such  non-commission  officer,  private  soldier  or  Proviso, 
seaman  as  aforesaid,  shall  have  his  person  exempted  from  arrests  for 
any  sum  or  sums  due  for  the  public[k]  taxes  for  the  year  one  thousand 
seven  hundred  and  fifty-seven,  anything  in  this  act  to  the  contrary  not- 
withstanding. 

[Sect.  3. J     This  act  to  be  and  continue  in  force  from  the  twenty-  Limitation, 
seventh  day  of  March,  instant,  to  the  first  day  of  December  next,  and 
no  longer.     \_Passed  March  25  ;  pxMished  March  27, 1758. 


74 


Peovince  Laws.— 1757-58.  [Chaps.  28,  29.] 


CHAPTER   28. 

AN  ACT  FOR  THE  SPEEDY  DISCOVERING  AND  ASCERTAINING  THE  SUM 
OR  QUANTITY  OF  THE  MANUFACTORY  BILLS,  SO  CALLED,  THAT  ARE 
STILL  OUTSTANDING. 


rrcamWe.  "Whereas  some  of  the  bills  or  notes  issued  by  the  company  concerned 

1754-55, cLap.  24.  j^^  ^^^  j^^^g  Land-Bank  or  Manufactory  Scheme,  are  yet  outstanding,  and 
it  being  judged  necessary',  in  order  to  an  equitable  apportionment  of  the 
charge  of  redeeming  them  among  the  persons  who  were  concerned 
therein,  that  the  quantity  or  sum  of  the  outstanding  bills  should  first  be 
known  and  ascertained, — 

Be  it  therefore  enacted  by  the  Governo[v^r^  Council  and  House  of 

Representatives^ 

Possessors  of  [Sect.  1.]     That  the  several  possessors  of  the  notes  or  bills  afore- 

orrnanufactOTy   Said  shall,  somc  time  before  the  fifteenth  day  of  June  next,  bring  or 

bills  (so  eaiiod),  send  sucli  of  tliosc  bills  as  are  in  their  possession  to  the  commissioners 

the  sameTo^the    by  law  appointed  to  adjust  and  settle  the  affairs  of  that  scheme  ;  and  the 

said  commissioners,  or  one  or  more  of  them,  upon  receipt  thereof,  shall 

take  an  account  of  the  sura  or  amount  of  the  bills  so  produced,  and 

shall  put  on  each  bill  some  distinguishing  mark,  whereby  they  may 

be  thereafter  known,  and  thereupon  shall  forthwith  deliver  up  such  bills 

to  the  person  or  persons  so  producing  them. 

[Sect.  2.]  And  every  person  who,  after  the  expiration  of  said  term, 
shall  tender  or  offer  in  exchange  any  of  the  bills  or  notes  issued  by  that 
company,  that  shall  not  have  been  produced  as  aforesaid  to  the  said 
commissioners  within  the  time  therefor  limited  as  aforesaid,  shall  for- 
f[ie][ei]t  and  pay  such  sum  of  money  as  shall,  in  value,  be  equal  to  the 
interest  grown  on  the  bills  that  shall  be  so  tendered  or  offered  in 
exchange  at  the  time  when  such  tender  shall  be  made,  one  moiety  whereof 
shall  be  put  in  the  hands  of  the  said  commissioners,  and  b}-  them  be 
applied  towards  the  redemption  of  that  company's  bills,  and  the  other 
moiety  to  be  to  him  or  them  who  shall  inform  or  sue  therefor,  and  to 
be  recovered  in  any  court  proper  to  tr}-  the  same,  and  that  notice  be 
given  in  some  of  the  public  prints,  of  the  substance  of  this  act,  for 
three  weeks  successively  next  after  the  publication  thereof.  \_Passed 
March  25  ;  published  March  27,  1758. 


commissioners, 
&c. 


Penalty. 


CHAPTER  29. 

AN  ACT  IN  ADDITION  TO  THE  ACT,  INTITLED  "AN  ACT  FOR  GRANTING 
UNTO  HIS  MAJESTY  AN  EXCISE  UPON  SPIRITS  DISTILLED,  AND  V/INE, 
AND  UPON  LIMES,  LEMM0N3  AND  ORANGES." 


Preamble.  "Whereas  the  persons  who  are  or  may  be  appointed  collectors  of  the 

1757-58, chap.  19.  (duties  granted  by  the  act  made  and  passed  in  the  last  session  of  the 
great  and  general  court,  intitled  "  An  act  for  granting  unto  his  majest}' 
an  excise  upon  spirits  distilled  and  wine,  and  upon  limes,  lemmons  and 
oranges,"  may  import  into  this  province  wine,  rum  and  spirits  distilled, 
limes,  lemmons  and  oranges,  or  may  have  the  same  by  consignment  or 
otherwise,  and  may  keep  the  same  for  their  own  private  consumption, 
or  sell  and  dispose  of  the  same  with  licence  or  permit,  in  which  cases  no 
sufficient  provision  is  made  in  said  act  for  securing  the  payment  of  the 
duties  arising  thereon, — 


[4tii  Sess.]  Province  Laws. — 1757-58.  75 

Be  it  therefore  enacted  by  the  Governo\jC\r,  Council  and  House  of  Rep- 
resentatives^ 

TSect.  l.T     That  every  person  tliat  has  been  or  may  be  appointed  Collectors  of  the 

h       .  /•  .  1         1     .•  o  •  1         1  1      11   •  L   •     I      i\'  •  •  (luticH  of  excise, 

collector  of  the  (liilies  aforesaid,  who  shall  import  into  this  province,  or  toaccoumfor 
shall  have  by  consignment  or  otherwise,  or  shall  sell  or  dispose  of  any  i,\yi,7fj"^"^.,jf,^' 
wine,  nun  or  spirits  distilled,  limes,  lemmons  or  oranges,  or  shall  use  sumcd  by  them, 
or  consume  the  same,  such  collector  shall  take,  keep  and  render  a  like 
account  thereof  upon  oath  to  the  province  treasurer,  who  is  liereb}- 
impoworcd  to  administer  the  same  in  the  form  by  said  act  prescribed, 
and  pay  to  him  the  like  duties  thereon  as  such  person  so  appointed  col- 
lector would  otherwise  have  been  held  and  obliged  to  have  taken,  kept, 
rendered  and  paid  to  the  collector  of  the  duties  aforesaid,  and  that  the 
same  be  done  in  like  manner  and  time,  and  under  the  like  pains  and 
penalties  as  by  said  act  in  such  cases  is  provided. 

And  whereas,  by  the  act  granting  to  his  majesty  an  excise  upon  Preamble, 
spirits  distilled,  and  upon  wine,  limes,  lemmons  and  oranges,  made  and  n56-07,chap.2i. 
passed  in  the  thirtieth  3'ear  of  his  present  majesty's  reign,  there  is  not 
snflicient  provision  made  for  securing  the  pa3-ment  of  the  duties  of 
excise  upon  the  liquors  that  may  remain  in  the  hands  of  such  persons 
as  had  permits  b}-  virtue  of  said  act  granted  them  by  the  fiirmer  of 
excise,  or  licenced  persons  that  did  not  renew  the  same  at  the  time 
appointed  by  law  for  granting  the  same  in  the  3'ear  one  thousand  seven 
hundred  and  fifty-seven,  and  may  lie  consumed  or  expended  by  such 
persons  in  his,  her  or  their  family  during  the  continuance  of  the  excise 
act  for  the  3'ear  one  thousand  seven  hundred  and  fift3'-eight, — 

Be  it  therefore  enacted, 

[Sect.  2.]     That  all  such  persons  shall,  at  the  end  of  each  half  year  ah  persons  who 
from  and  after  the  twenty-fifth  day  of  March,  instant,  and  until  the  {icenso'toBeu" 
twenty-sixth  day  of  March,  one  thousand  seven  hundred  and  fift3--nine,  iiT>or»,  and 
render  to  the  collector  or  his  deput3'  that  shall  or  ma3'  be  appointed  in  tii'o  ?ame,"o 
the  respective  counties  by  virtue  of  the  excise  act  made  and  pass[c]'d  du*t?"8  thereof'' 
in  the  thirty-first  3'car  of  his  present  majesty's  reign,  an  account  on  oath, 
of  all  such  liquors  remaining  in  their  hands  as  aforesaid,  and  consumed 
in  his,  her  or  their  families  during  the  continuance  of  the  last-mentioned 
act,  and  pa3'  the  duties  of  excise  therein  imposed,  deducting  ten  per  cent 
for  leakage,  upon  penalty  of  fifteen  pounds  ;  one  half  to  the  informer.  Penalty, 
the  other  half  to  and  for  the  use  of  this  province. 

And  ichrreas,  in  and  1)3'  the  excise  act  made  in  the  thirt3'-first  year  of  I'reami.ic. 
his  present  majesty's  reign,  the  several  innholders  and  retailers  are  l"^"■^8'<=''=*P•^''• 
directed  t<j  lodge  one  of  tiie  rec[ie][e«]|)ts  the  collectors  are  re(|uired 
1)3'  said  act  to  give  tlKin  with  the  clerk  of  the  sessions  in  the  respective 
count[y][/e]s,  within  thirty  days  after  the  rec[ie][ei]pt  thereof,  but 
no  penalty  is  therein  provided  in  case  of  neglect,  — 

Be  it  further  enacted, 

[Sect.  3.]     That  in   case  any  innholder,  common   victual[l]er  or  Penalty  for  not 
retailer  shall  neglect  to  lodge  one  of  the  ree[ie][^(']pts  given  him  by  the  ^viih'tifockTk''* 
collector  with  the  clerk  of  the  sessions  within  thirty  days,  as  by  said  act  "f  ihcscMions. 
is  required,  he  shall  forfeit  and  pay  the  sum  of  forty  shillings  ;  one  half 
for  the  use  of  the  poor  of  the  town  or  district  where  sucii  delinquent 
dwells,  and  the  other  half  to  him  or  them  that  shall  complain  and  sue 
f(jr  the  same,  and  be  rendered  incapable  of  renewing  his  or  her  licence 
for  the  future. 

Be  it  further  enacted, 

[Sect.  1.]     That  the  collectors  in  each  county,  when   any  person  Coiioctorato 
having  permit  shall  account  with  them,  shall  give  two  recfie][f'/][)ts  to  recHpuTtoper- 
such  person [s],  mentioning  the  sum  or  sums  tiiey  have  rec[ie][r/]ved  of  J,^" "  permlt'&e. 
him  or  her,  one  of  which  the  person  having  permit  shall  lodge;  with  the 
clerk  of  the  sessions  within  thirt3'  days,  ui^oa  pain  of  incurring  the  sum 


76 


Province  Laavs. — 1757-58.  [Chap.  30.] 


Preamljlc. 
1757-08,  chap.  19, 
§20. 


Collector  to 
have  liberty  to 
give  bond  to 
the  province 
treasurer. 


Deputy  col- 
lectors liable  to 
military  duties. 


Limitation. 


of  forty  shillings  ;  one  half  to  the  use  of  the  poor  of  the  town  or  district 
where  such  person  dwells,  the  other  half  to  him  or  them  that  sliall 
inform  and  sue  for  the  same,  and  of  being  rendered  incapable  of  renew- 
ing his  or  her  permit  for  the  future. 

And  ivliereas  the  collectors  by  the  act  last  before  mentioned,  before 
they  enter  upon  the  execution  of  their  trust,  are  to  give  bond  to 
the  province  treasurer,  which  bond  may,  according  to  said  act,  be 
entered  into  before  the  court  of  sessions  oul}' ;  and  whereas  such 
restraint  maj'  prove  inconvenient,  inasmuch  as  those  courts  may  not  be 
held  in  some  counties  until  the  expiration  of  some  months  from  the 
time  of  the  appointment  of  such  collectors, — 

Be  it  therefore  further  enacted, 

[Sect.  5.]  That  the  said  collector [s]  shall  have  liberty  to  give  such 
bonds  to  the  province  treasurer,  before  an}^  two  of  his  majesty's  justices 
of  the  peace  in  the  respective  counties,  quorum  uiius,  and  thereon  to 
proceed  in  the  execution  of  such  their  office,  agreeable  to  the  direc- 
tions of  the  last-mentioned  act. 

And  be  it  further  enacted, 

[Sect.  6.]  That  no  person  shall  be  exempted  from  any  military 
duties  by  means  or  on  account  of  his  being  appointed  a  deputy  col- 
lector of  the  duties  of  excise  of  spirituous  liquors,  but  shall  to  all 
intents  and  purposes  be  as  liable  to  train,  be  impressed,  and  perform 
every  other  military  duty  as  if  such  person  had  not  been  appointed  a 
deputy  collector  as  aforesaid. 

[Sect.  7.]  This  act  to  commence  from  the  twent^'-fifth  day  of  March, 
curr[a][e]nt,  and  to  continue  in  force  until  the  twenty-sixth  day  of 
March,  one  thousand  seven  hundred  and  fifty-nine.  \^Passed  March 
25  ;  published  March  27,  1758. 


CHAPTEK    30. 

AN  ACT  IMPOWERING  THE  PROVINCE  TREASURER  TO  BORROW  TWEN- 
TY-EIGHT THOUSAND  POUNDS. 


Preamble.  Whereas  this  court  have  agreed  to  raise  seven  thousand  men  to  co- 

operate with  his  majesty's  forces  for  the  reduction  of  Canada,  and  it  is 
necessary  that  there  be  a  speedy  supply  of  monc}^  for  the  levying  and 
cloathing  the  same, — 

Be  it  enacted  by  the  Governo\u']r,  Council  and  House  of  Represent- 
[a^i]ues, 
Treasurer  TSect.'  1.1     That  the  treasurer  of  this  province  be  and  hereby  is 

borrow  £28,000.  directed  and  impowered  to  borrow  the  sum  of  twenty-eight  thousand 
pounds  in  Spanish  mill'd  dollars  at  six  shillings  each,  or  in  coined  silver 
sterling  alloy  at  six  shillings  and  eightpence  per  ounce  ;  and  the  said 
sum  of  twent3'-eight  thousand  pounds,  when  borrowed,  shall  bo  issued 
by  the  governor  or  commander-in-chief,  by  and  with  the  advice  of  the 
council,  for  the  levying  and  cloathing  the  said  seven  thousand  men,  pur- 
suant to  the  order  of  this  court,  and  for  no  other  use  whatsoever  ;  and 
if  thei-e  shall  be  a  surplus  it  shall  remain  in  the  treasury  for  the  further 
order  of  this  court ;  and  for  the  sum  so  borrowed  the  treasurer  shall 
give  a  rec[ie][ei]pt  and  obligation  in  the  form  following  :  — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  1758. 

Rec[ic]  [ez]  ved  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 


Form  of 

treasurer's 

receipt. 


[4th  Sess.]         Puovince  Laws. — 1757-58.  77 

the  said  or  order,  the  tenth  day  of  June,  one  thousand  seven  hundred 

and  sixty,  the  aforesaid  sum  of  ,  iu  coined  silver  of  sterling  alloy  at 

six  shilling's  and  ei<;hti)ence  i)er  ounce,  or  in  Spanish  mill'd  dollars,  at  six 
shillinjxs  each,  with  interest  annually  at  the  rate  of  six  per  cent  per  annum. 
Witness  my  hand,  U.  G. 

— and  no  rec[ie][ei']pt  or  obligation  shall  be  given  for  less  than  six 
pounds. 

And  to  enable  the  treasurer  to  discharge  the  obligations  by  him 
[/«]  given  pursuan[t][ee]  [to]  [o/]  this  act, — 

Be  it  enacted, 

[Sect.  2.]  That  there  be  and  hereby  is  granted  to  his  [most]  excel-  Tax  of  £.30,000 
lent  majesty  a  tax  of  thirty  thousand  pounds,  to  be  levied  on  ])olls  and  Kr^"''^'ii"i'"9« 
estates  within  this  province,  according  to  such  rules,  and  in  sucli  propor- 
tions, as  shall  be  agreed  upon  and  ordered  by  the  general  court  of  this 
province  at  their  sessions  in  May,  and  before  the  twentieth  of  June, 
one  thousand  seven  hundred  and  lifty-nine  ;  and  if  there  shall  be  a  sur- 
l»lus.  it  shall  remain  in  the  treasury  for  the  order  of  this  court. 

And  he  it  further  enacted, 

[Sect.  3.]     That  in  case  the  general  court  shall  not  by  the  twentieth  Rule  for  appor. 
of  June,  one  thousand  seven  hundred  and  lifty-nine,  agree  and  conclude  i,'"cascno'\ax''' 
upon  a  tax  act  to  draw  into  the  treasury  the  aforesaid  sum  of  thirty  act  shall  be 
thousand  pounds  by  the  thirty-lirst  day  of  March  then  next  after,  that  "^''^*''' 
then  the  treasurer  of  the  province  shall  issue  his  warrants,  directed  to 
the  assessors  of  the  several  towns  and  districts  within  this  province, 
requiring  them,  respectively,  to  assess,  levy  and  pay  their  respective 
])r()portions  of  said  sum,  according  to  the  proportions,  rules  and  direc- 
tions of  the  then  last  preceeding  tax  act. 

Whereas  this  province  have  a  humble  trust  and  dependance  on  his 
majesty  for  a  reimburs[e]ment  of  the  charge  that  shall  arise  in  conse- 
quence of  the  aforesaid  expedition, — 

lie  it  therefore  enacted, 

[Sect.  4.]     That  the  treasurer  be  and  he  is  hereby  directed  and  Treasurer  to 
impowered  to  apply  so  much  of  the  first  money  that  shall  arrive  here  "eceivi'a'from 
from  Great  Britain  before  the  twentieth  of  June,  one  thousand  seven  Great  Britain, 
hundred  and  lifty-nine,  as  shall  besullicient  to  discharge  the  obligations 
by  him  given  in  pursuance  of  this  act;  and  in  case  so  much  money 
shall  arrive  from  CJreat  Britain,  and  be  rec[ie][et]ved  into  the  prov- 
ince treasury  l)efore  the  twentieth  of  June,  one  thousand  seven  hun- 
dred and  lifty-nine,  as  shall  be  sufHcient  to  discJiarge  the  obligations 
given  by  the  treasurer,  as  aforesaid,  then,  [and]  in  such  case,  the  several 
clauses  in  this  act  providing  for  the  issuing  a  tax  of  thirty  thousand 
l>ounds  shall  be  and  hereby  is  declared  null  and  void.     [^J^assed  March 
23  ;  jJithlished  March  27,  1758. 


CHAPTER    31. 

AN  ACT  FOR  REVIVINO  AND   CONTINUING  SUNDRY  LAWS    THAT   ARE 
EXPIKED  AND  NEAR  EXPIRING. 

"WnEUEAS  the   several   acts  hereinafter  mentioned,  whicli  are  now  rrcambic. 
expired  or  near  expiring,  have  been  found   uscfuiril  and  beneficial:  Bjm'i/y  lawscx- 

L   J  '    piriMlor  nonrox- 

namely,  an  act  made  in  the  tenth  jxar  of  his  present  majesty's  reign,  pirinc.  nvivid 
intilled  -'An  Act  for  securing  the  seasonable  payment  of  town  and  pre-  "^"^ '^'^^""■'"eJ- 
cinct  rates  and  assessments  "  ;  two  acts  made  in  the  tenth  and  eleventh  of   '      '•'^  ^p- 


78  Province  Laws.— 1757-58.  [Chap.  31. J 

1737-38,  chap.  8.  Said  reign  ;  one  intitled  "  An  Act  in  further  addition  to  an  act  made  in  the 
first  3-ear  of  his  majesty's  reign,  intitled  '  An  Act  to  prevent  coparceners, 
joint  [<]enants  and  tenants  in  common  from  committing  strip  and  waste 
upon  lands  held  by  them  in  common  and  undivided,' "  the  other,  intitled 

1737.38,  chap.  9.  i.t  ^„  ^g^  j^  further  addition  to  an  act  intitled  '  An  Act  for  the  relief 
of  ideots  and  distracted  persons ' "  ;  an  act  made  in  the  fourteenth  year 

1740-41,  chap.  23.  of  Said  rcign,  intitled  "  An  Act  to  encourage  the  increase  of  sheep  and 

1741-42, chap. 5.  goats  "  ;  an  act  made  in  the  fifteenth  year  of  said  reign,  intitled  "  An 
Act  for  the  better  regulating  porters  employed  within  the  town  of  Bos- 

1746-47,  chap.  26.  ton  "  ;  an  act  made  in  the  twentieth  3'ear  of  said  reign,  intitled  "An 
Act  for  the  better  regulating  swine"  ;  an  act  i^assed  in  the  twenty-first 

1747-48,  chap.  7.  year  of  the  present  reign,  intitled  "An  Act  to  prevent  deceit  in  the 
gage  of  casks  "  ;  an  act  passed  in  the  twenty-second  year  of  the  present 

1748-49,  chap.  9.  reign,  intitled  "An  Act  for  the  ease  of  prisoners  for  debt";  an  act 

1749-50, chap. 6.  passed  in  the  twenty-third  year  of  the  present  reign,  intitled  "  An  Act 
for  regulating  the  hospital  on  Rainsford's  Island,  and  further  providing 
in  case  of  sickness  "  ;  two  acts  made  in  the  twenty -third  and  twenty- 

1749-50, chap.  27.  fourth  ycars  of  the  present  reign  ;  one  intitled  "  An  Act  in  addition  to 
the  act  intitled  '  An  Act  to  encourage  the  increase  of  sheep  and  goats,'" 

1750-51, chap. 5.  the  othcr  intitled  "  An  Act  in  addition  to  the  act  for  the  better  regu- 
lating swine "  ;  also  an  act  made  in  the   tweuty-fourth  3'ear  of  his 

1750-51, chap.  17.  present  majesty's  reign,  intitled  "  An  Act  for  preventing  and  suppres- 
sing of  riots,  routs  and  unlawful [1]  assemblies  "  ;  three  acts  made  in 

1752-53,  chap.  16.  the  twcnty-sixth  3'ear  of  said  reign  ;  one  intitled  "  An  Act  to  prevent 
the  breaking  and  damnif3'ing  of  lamps  set  up  in  or  near  streets  for 

1752-63, chap.  18.  enlightuiug  the  same,"  another  intitled  "An  Act  for  further  prevent- 
ing all  riotous,  tumultuous  and  disorderly  assemblies  or  companies  of 
persons,  and  for  preventing  bonfires  in  any  of  the  streets  or  lanes 

1752-53,  chap.  20.  withiu  any  of  the  towns  in  this  province,"  the  other  intitled  "  An  Act 
for  preventing  damage  by  horses  going  at  large  "  ;  an  act  passed  in  the 

1753-54,  chap.  44.  twcnty-seventh  year  of  said  reign,  intitled  "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  "  ;  an  act  made  in  the  twenty-eighth  year  of  said  reign, 

i754-55,chap.  31.  intitled  "An  Act  for  preventing  the  unnecessary  destruction  of  ale- 
wives  and  other  fish  within  this  province," — 

Be  it  therefore  enacted  by  the  Governol_u]r,  Council  and  House  of 
Representatives, 

Their  continua.       That  such  of  the  bcfore-mentioncd  acts  as  are  expired,  with  all  and 

da"of  A^rlr'    every  article,  clause,  matter  and  thing  therein  respectively  contained, 

1763.  *      be  and  hereby  are  revived,  and  shall  be  in  force  from  the  thirty-first 

day  of  March  instant,  and  until  the  first  day  of  April,  one  thousand 
seven  hundred  and  sixty-three,  and  the  other  of  said  acts  that  are  near 
expiring  are  hereby  continued  and  shall  be  in  force  until  the  first  day 
of  April,  one  thousand  seven  hundred  and  sixty-three,  and  no  longer. 
[^Passed  March  25  ;  published  March  27,  1758. 


[4th  Sess.]         Province  Laws.  — 1757-58.  79 

CHAPTER  32. 

AN    ACT  FOR  GRANTING   UNTO  HIS   MAJESTY    SEVERAL    RATES    AND 
DUTIES   OF    IMPOST   AND   TUNNAGE   OF   SIIII'I'ING. 

We,  liis  majesty's  most  dutiful  aiul  lo^yall  *  sul)jects,  the  representa- 
tives of  the  province  of  the  Massachusetts  Ba}',  in  New  England,  being 
desirous  of  lessening  the  public  f  debts,  have  chearfully  and  unani- 
luously  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,  wares,  goods  and  mer- 
chandize that  shall  be  imported  into  this  province,  and  tonnage  J  of 
shipi)ing,  hereafter  mentioned  ;  and  pra}-  that  it  ma}'  be  enacted  ^,  — 

Be  it  accordingbj  enacted  by  the  Governor**,  Council  and  House  of 
Rep  rese  nta  fives, 

[Sect.  1,]  That  from  and  after  the  twenty-fifth  day  of  March,  one 
thousand  seven  hundred  and  fift3'-eight,  to  the  twenty-sixth  da}'  of 
IMarch,  one  thousand  seven  hundred  and  litU-nine,  there  shall  be  paid 
[to]  tt  tbe  importers  of  all  wines,  rum  and  other  liquors,  goods,  wares 
and  merchandize  that  shall  be  imported  into  this  province  by  any  of  the 
iiihabitants  thereof  (except  what  is  by  this  act  hereafter  exempted) , 
the  several  rates  and  duties  of  impost  following;  J  J  [&e.], — 

For  every  pipe  of  wine  of  every  sort,  ten  shillings. 

For  every  hogshead  of  rum,  containing  one  hundred  gallons,  eight 
shill""§§. 

For  ever}'  hogshead  of  sugar,  fourpence. 

For  every  hogshead  of  molasses,  fourpence. 

For  every  hogshead  of  tobacco,  ten  shillings. 

For  every  pound  of  tea  that   shall   bo   imported   from   any  of  his 
majesty'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  shil- 
ling), 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 
l)roper  account  of  any  of  the  said  inhabitants  of  the  said  provinces, 
<-olonies  or  islands,  there  shall  be  paid  by  the  importers  double  the 
impost  laid  by  this  act:  provided  always,  that  everything  which  is  the 
growth  or  produce  of  the  provinces  or  colonies  aforesaicl  (tobacco  and 
bar-iron  excepted),  and  all  i)rovisions,  salt,  cotton-wool,  pig-iron, 
moliogony*||^[,  hrazilleLo  ||,  lihick-wahiut,  ligntuu-vilie,  red-ce(hir,  log- 
wood, lieinp,  raw  skins  and  hides,  an<l  also  all  piize  goods  brought  into 
and  condemned  in  this  i)rovince,  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 

•  loyal.        t  puMick.        J  tannage.        §  and.        ••  Oovernour.      tt  l>y.      JJ  viz* 
§§  8hilling3.        H  vessel.        HTf  mahogany.        ||  brazillettu. 

Note. —  Neither  tho  engrossment  nor  tlie  printed  a<t  liaving  licen  found,  this 
chaiiter  lias  Iwen  compared  with  the  original  hill,  ami  a  MS.  rccunl  in  the  Secnv 
t.ary'3  office.  Tho  words  in  Iloiiian  letters  enclosed  in  hrackets  appear  in  the  latter 
hnt  not  in  tho  former,  and  the  words  given  in  the  ff>ot-iiotes  ;irt«  from  the  forimr. 
In  some  instances,  tJie  hill  hears  uvideuco  of  being  moro  nearly  iu  accordaaco  witli 
tho  probable  language  of  tho  act. 


80  Province  Laws.  — 1757-58.         [Chap.  32.] 

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 
dut}^  of  impost,  b}'  this  act  provided  to  be  paid,  and  afterwards  shall 
be  exported  and  landed  in  an}-  of  the  said  provinces  or  colonies  on 
this  continent,  then,  and  in  such  case,  the  exporter,  producing  a  certifi- 
cate from  some  officer  of  his  majesty's  customs,  that  the  same  have 
been  landed  in  some  [other]  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. 

A7id  be  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- 
sioners f  aforesaid,  of  the  contents  of  the  loading  of  such  ship  or  ves- 
sell,* therein  particularl}-  expressing  the  species,  kind  and  quantities 
of  all  wines,  [and]  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  aU  the  lading 
taken  on  board  and  imported  in  such  ship  or  vessell*,  so  far  as  he 
knows  or  beleives  J  ;  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  commis- 
sioner aforesaid,  and  cause  the  same  to  be  added  to  his  manifest. 

A7id  be  it  further  enacted, 

[Sect.  5.]  That  if  the  master  of  anj'  ship  or  vessell*  shall  break 
bulk,  or  suffer  any  of  th(3  wines,  liquors,  goods,  wares  and  merchan- 
dize imported  in  such  ship  or  vessell  *  to  be  unladen  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  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  tliat  the  entry  of  the  goods  and  merchandize  by  you 
now  made,  exhibits  the  sterUng  value  of  said  goods,  and  that,  bond  fide,  accord- 
ing to  your  best  skiU  and  judgment,  it  is  not  less  than  that  value.    So  help  you  God. 

—  which  oath  the  commissioner  or  receiver,  appointed  in  consequence 
of  this  act,  is  hereby  impowered  and  directed  to  administer ;  and  the 
owners  aforesaid  shall  paj^  to  [the]  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 
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  pa}^  impost  or  dutj',  shall  be  landed  on 
any  wharf  §,  or  in  an}^  warehouse  or  other  place,  but  in  the  daytime 
onl}^  and  that  after  sunrise  and  before  sunset,  unless  in  the  presence 
or  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.  8.]  And  if  any  person  or  persons  shall  not  have  and  produce 
[an  produce]  an  invoice  of  the  quantities  of  rum  or  liquors  to  him  or 

*  vessel.        t  commissioner.        {  believes.        §  wharff. 


[4th  Sess.]         Province  Laws.  — 1757-58.  81 

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  vessell  *  shall  not  exceed  six  pounds;  which  credit  shall  be  so 
limited  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-nine,  that  the  said  accounts  ma^-  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-fifth  day  of  March  instant, 
and  uutillf  the  twenty-sixtli  da}'  of  March,  one  thousand  seven  hun- 
dred and  fifty-nine,  by  land-carriage,  or  in  small  vessells  J  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  mer- 
chandize so  imported,  with  the  marks  and  numbers  thereof,  when  [and] 
how  and  by  whom  brought ;  and  shall  make  oath,  before  the  said 
connnissioncr  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  chargeable  upon  such  wines,  liquors,  goods, 
wares  and  merchandize,  before  the  same  are  landed  §  [and]  put  into 
any  store  or  place  whatsoever. 

And  be  it  farther  enacted, 

[Sect.  11.]  That  ever}-  merchant  or  other  person  importing  anj' 
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,  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  sutler  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.  I'J.]  And  if  it  may  be  made  to  appear  that  any  wine  If  im- 
ported in  an}'  ship  or  vessell  *  be  decayed  at  the  time  of  unloading 
thereof,  or  in  twenty  days  afterwards,  oath  being  made  before  the  com- 
missioner or  receiver  that  the  same  hath  not  been  landed  above  that 
time,  the  duties  and  im^xist  paid  for  such  wines  shall  be  repayed  unto 
the  importer  thereof. 

And  be  it  further  enacted, 

[Sect.  13.]  That  the  master  of  every  ship  orA'essell*  importing 
any  liquors,  wines,  goods,  wares  or  merchandize,  shall  be  liable  to 
|)ay  the  impost  for  such  and  so  much  thereof,  contained  in  his  mani- 
fest, as  shall  not  be  duly  entered,  and  the  duty  paid  for  the  same  by 
tiie  person  or  persons  to  whom  such  wines,  liquors,  goods,  wares 
[and]  **  merchandize  are  or  shall  be  consigned.  And  it  shall  and  ma}' 
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, 
goo<ls,  wares  and  merchandize  imported  in  any  ship  or  vessell*,  nntillf 
he  ri'Cfivi's  a  certificate,  from  the  commissioner  or  receiver  of  imix)st, 
tliat  the  duty  for  the  same  is  paid,  and  until  he  be  repaid  ff  his  neces- 
sary cliarges  in  securing  the  same  ;  or  [or]  such  master  may  deliver 
*  vessel,      t  until,      t  vessels.       §  housed  or.      H  wines.      •*  or.      ft  repayed. 


82  Peovince  Laws.  — 1757-68.        [Chap.  32.] 

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  herel\y  impowered  and  directed  to  receive  and  keep  the 
same,  at  the  owner's  risque,  until  the  impost  tliereof,  with  the  charges, 
be  paid  or  secured  to  be  paid  ;  aud  then  to  deliver  such  wines,  liquors, 
goods,  wares  or  merchandize  as  such  master  shall  direct. 

And  be  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  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  t  not  paid 
ox  secured  to  be  paid.  And  where  any  goods,  wares  or  merclaandize 
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  their  J  required  to  make  oath  to  the  value  of  such  goods,  wares 
or  merchandize. 

And  he  it  farther  enacted, 

[Sect.  15.]  That  the  ship  or  vessell  *,  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  any  such  default,  as  also  to  make  good  the  impost  or  duty 
for  all  wines,  liquors,  goods,  ware  §  or  **  merchandize  not  entered  as 
aforesaid,  or  for  which  the  duty  of  impost  hasft  not  been  paid  ;  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,  maj'  be  taken  by  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 
prose- j J  for  any  of  the  said  forfeitures  or  for  the  duty  aforesaid;  to 
the  intent,  that  if  judgment  be  rendered  for  the  prosecutors  or  in- 
formers §§,  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  of  sucli  ship  or  vessell  * 
from  under  seizure  or  restraint,  shall  give  sufficient  security  unto  the 
commissioner  or  receiver  of  impost  tliat  seized  the  same,  to  respond  or 
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  tlie  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  he  it  further  enacted, 

[Sect.  1G.]  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 
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. 

[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 

*  vessel.  t  therefor.  X  there.  §  wares.  **  and.  ft  hath. 

XX  prosecuted.  §§  informer. 


[4th  Sess.]         Province  Laws.  — 1757-58. 

discretion  of  the  commissioner  or  receiver,  not  exceeding  three  per  cent 
of  the  lading;  and  the  duties  payal)le  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 
govenmients,  bj-  land,  or  in  small  boats  or  vessells  *,  or  any  other  wa}', 
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  enjoyned  to,  ap- 
point one  suitable  person  or  persons  as  his  deputy  or  deputies,  in  all 
such  places  of  this  province  where  it  is  likel}'  that  wine,  rum  or  other 
distilled  spirits  will  be  brought  out  of  other  governments  into  this  ; 
which  oflieers  shall  have  power  to  seize  the  same,  unless  the  owner  shall 
make  it  appear  that  the  duty  of  impost  has  f  been  paid  therefor  since 
their  being  brought  into  or  relanded  into  J  this  government ;  and  such 
oflicer  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 
[or]  §  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  deputies  shall  have  full 
power  to  administer  the  several  oaths  aforesaid,  and  search  in  all  sus- 
pected places  for  all  such  wines,  rum,  liquors,  tea,  goods,  wares  and 
merchandize  as  are  brought  into  this  i)rovince,  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  farther  enacted, 

[Sect.  20.]  That  if  the  said  commissioner,  or  his  deput}',  shall  have 
information  of  any  wines,  rum  or  other  distilled  spirits,  or  tea,  being 
brought  into  and  landed  in  any  [other]  place  in  this  province,  for  which 
the  dutys  **  aforesaid  shall  not  have  been  paid  after  their  being  brought 
into  or  relanded  in  this  government,  he  ma}'  ai)ply  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  commissioner  or  his  deputy's  making  oath  that  he  hath  had  infor- 
mation as  aforesaid  ;  and  having  such  warrant,  and  being  attended  by 
such  officer,  the  said  commissioner  or  his  deput}'  ma}',  in  the  daytime, 
between  sun-rising  and  sun-setting,  demand  admittance,  of  the  person 
owning  or  occujjying  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  dejjuty,  shall  \w  and  hereby  is  impowered  to  command  assist- 
ance, and  to  impress  carriages  necessary  to  secure  the  [said]  liquors 
or  tea  seized  as  aforesaid  ;  and  any  persons  refusing  assistance,  or  pre- 
venting an}'  of  the  said  officers  from  executing  their  office,  shall  forfeit 
five  pounds  to  the  saiil  commissioner ;  and  he  oi'  his  di'puty  shall  make 
reasonal)le  satisfaction  for  the  assistance  atforded.  and  carriages  made 
use  of,  to  secure  the  liquors  or  tea  seized  as  aforesaid  ;  and  the  com- 
missioner or  his  deputy  sliall  then  file  an  information  of  such  seizure 
in  the  inferior -f-"!-  court  of  common  pleas  for  the  county  wherein  such 
seizure  shall  be  made,  which  court  shall  [then]  summon  the  owner  of 
such  liquors  or  tea,  or  the  occupier  of  such  shop,  house  or  warehouse, 
or  distil-houseJJ,  where  the  same   were  seized,   to  apjjcar  and   shew 

•  vessels,     t  hath.     |  in.     §  and.     ••  duties.     If  inferiour.     |t  distill-liouso. 


84  Province  Laws.  — 1757-58.         [Chap.  32.] 

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  public  f  vendue  ;  and  the  nett  J  produce  of  such  sale  sh^U 
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  §  be  paid,  by  the  master  of  every  ship  or 
other  vessell  **,  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  vessells  ft  as  belong  to  Great  Britain,  the  provinces 
[of]  X\  colonies  of  Pennsylvania,  West  and  East  Jersey,  Connecticut, 
New  York,  New  Hampshire  and  Rhode  Island),  every  voj'age  such 
ship  or  vessell  **  doth  make,  one  pound  of  good  pistol-powder  for 
every  ton  such  shij)  or  vessell  **  is  in  burthen  :  saving  for  that  part 
which  is  owned  in  Great  Britain,  this  province,  or  any  of  the  aforesaid 
government  §§,  which  is  hereby  exempted  ;  to  be  paid  unto  the  commis- 
sioner or  receiver  of  the  duties  of  impost,  and  to  be  employed  for  the 
uses  and  ends  aforesaid. 

[Sect.  22.]  And  the  said  commissioner  is  hereby  impowered  to 
appoint  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  sucli  ship  or  vessell  **  doth  not  express 
and  set  forth  the  full  burthen  of  the  same ;  the  charge  thereof  to  be 
paid  by  the  [owner  or  master]  ^  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,  accordingl}',  by  the  treas- 
urer, in  his  accompts.  And  the  naval  officer  shall  not  clear  any  ves- 
sell**, 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. 

And  he  it  farther  enacted,  , 

[Sect.  23.]  That  when  and  so  often  as  any  wine,  rum  or  tea  im- 
ported into  this  pro^•i^ce,  the  aforesaid  duty  of  impost  upon  which  shall 
have  been  pa^-ed^^  agre[e]able  to  this  act,  shall  be  re-shiped***  and 
exported  from  this  government  to  any  other  part  of  the  world,  that 
then,  and  in  ever}^  such  case,  the  exporter  of  such  wine,  or  rum  or  tea 
shall  make  oath,  at  the  time  of  shipping,  before  the  receiver  of  impost, 
or  his  deput}',  that  the  whole  of  the  rum,  or  wine  fff  or  tea  so  shiped  J  J  J 
has,  bond  fide,  had  the  [duty  of  impost  aforesaid]  §§§  paid  on  the  same, 
and  shall  afterwards  produce  a  certificate,  from  some  officer  of  the  cus- 
toms, 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  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  beleives  ||  no  part  of  said  wines, 
rum  or  tea  has  been  re-landed  in  this  province,  —  such  exporter  shall 
be  allowed  a  drawback  from  the  receiver  of  impost  as  follows  ;  viz'., — 

For  every  pipe  of  wine,  nine  shillings. 

For  every  hogshead  of  rum,  seven  shillings  and  sixpence. 

And  for  every  pound  of  tea,  one  shilling. 

Provided,  always,  — 

[Sect.  24.]     That  if,  after  the  shipping  of  such  wine,  or  rum  or  tea 

*  if  any  he  has,  why  such  liquors  or  tea  so  seized  shall  not  be  adjudged  forfeited; 
and  if  such  owner  or  occupier  shall  not  show  cause.  t  iniblick.  J  neet. 

§  shall.  **  vessel.  ft  vessels.  %%  or.  §§  governments.  If  master  or 
owner.  Yi  paid.  ***  re-shipped.  ttt  wine  or  rum.  \l\  shipped. 

§§§  aforesaid  duty  of  impost.  ||  believes. 


[4th  Sess.]       Province  Laws.  — 1757-58.  85 

to  be  exported  as  aforesaid,  and  givinGj  security  as  aforesaid,  in  order 
to  obtain  the  (b'awback  aforesaid,  the  wine,  or  rum  or  tea  so  shipped  to 
be  exported,  or  an>'  part  thereof,  shall  be  re-landed  in  this  province,  or 
brought  into  the  same  from  any  other  province  or  colony,  that  then  all 
such  wine,  rum  and  tea  so  re-landed  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  b}'  this  court,  as  a  commissioner  and  receiver  of  the 
aforesaid  duties  of  impost  njid  tunnage  of  shipping,  and  for  the  in- 
spection, care  and  management  of  the  said  ofiice,  and  whatsoever 
relates  thereto,  to  receive  commission  for  the  same  from  the  governor  • 
or  commander-in-cheif  t  for  the  time  being,  with  authority  to  sub- 
stitute and  ajjpoint  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  shipping  as  aforesaid  that  shall  become  due  within  such 
port,  and  to  rencler  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  J,  so  that  the  duties  of 
impost  and  tunnage  arising  on  the  said  vessell  J  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  an}-  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  commissioner  or  receiver  and  his  deputy  or  deputies, 
before  their  entering  upon  the  execution  of  their  said  office,  shall  be 
sworn  to  deal  truly  and  laithfuUy  therein,  and  shall  attend  in  the  said 
office  from  ten  of  the  clock  in  the  forenoon,  until  one  in  the  afternoon. 

[8ect.  2G.]  And  the  said  commissioner  or  receiver,  for  his  labour, 
care  and  expences  in  the  said  olfice,  shall  have  and  receive,  out  of  the 
province  treasur}',  at  the  rate  of  sixty  pounds  per  annum  ;  and  his 
deputy  or  deputies  shall  receive  for  their  service  such  sums  as  the  § 
commissioner  of  impost,  together  with  the  province  treasurer,  shall 
judge  necessar}',  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  sal- 
ary or  salaries,  as  aforesaid,  to  himself  and  his  deputies. 

And  be  it  further  enacted, 

[Skct.  27.]  That  all  penalties,  fines  and  forfeitures  accruing  and 
arising  in  conse(]uence  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  an}-  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, 

[Sect.  28.]  That  from  and  after  the  commencement  of  this  act,  in 
all  [clauses]  **  where[in]  any  clainier  shall  appear,  and  shall  not  make 
good  the  claim,  the  charges  of  prosecution  shall  be  l)orne  and  j)aid  by 
the  said  claimer,  and  not  by  the  informer.     [^Passed  March  2;5,  1758. 

•  govemour.        t  cliief.        |  vea.sel.        §  said.       H  majesty's.        ••  causes. 


86 


Peovince  Laws.— 1757-58.  [Chaps.  33,  34.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Eighteenth  day  of  April,  A.  D.  1758. 


CHAPTER    33. 


AN  ACT  FOR  PREVENTING  LOSS  OR  DAMAGE  BY  MEANS  OF  A  NON- 
OBSERVANCE  OF  A  LATE  ACT  OF  THIS  PROVINCE,  INTITLED  "AN 
ACT  FOR  GRANTING  TO  HIS  MAJESTY  SEVERAL  DUTIES  UPON  VEL- 
LUM, PARCHMENT  AND  PAPER,  FOR  TWO  YEARS,  TOWARDS  DE- 
FREYING  THE  CHARGES  OF  THIS  GOVERNMENT." 

Preamble.  Whereas,  during  the  continuance  of  a  late  act  of  this  province, 

1754-55, chap.  18.  intitlcd  "  An  Act  for  granting  to  his  majesty  several  duties  upon  vel- 
lum, parchment  and  paper,  for  two  years,  towards  defreying  the  charges 
of  this  government,"  made  in  the  twenty-eighth  year  of  his  present 
majesty's  reign,  there  were  divers  deeds  and  mortgages  of  real  estates, 
and  bonds,  wrote  on  vellum,  parchment  and  paper,  with  a  stamp  thereon 
different  from  what  was  required  by  said  act,  and  divers  others  wrote  on 
unstamped  vellum,  parchment  and  paper,  whereby  many  innocent  per- 
sons are  likely  to  be  great  sufferers  ;  for  remedy  whereof, — 

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

That  all  such  deeds,  mortgages  and  bonds  be  and  are  hereby  declared 

as  valid  and  effectual,  to  all  intents  and  purposes,  as  if  they  had  been 

wrote  on  vellum,  parchment  and  paper  marked  and  stamped  in  manner 

as  by  said  law  required.     \_Passed  April  24,  1758. 


Deeds,  mort- 
gages, &c., 
unstamped,  &c 
made  valid. 


CHAPTER  34. 

AN  ACT  FOR  THE  SPEEDY  LEVYING  OF   SOLDIERS    FOR  AN  INTENDED 

EXPEDITION. 


Preamble.  Whereas  it  IS  determined  by  this  government  that,  if  the  seven  thou- 

sand men,  inclusive  of  officers,  which  were  to  be  raised  by  this  prov- 
ince for  the  intended  expedition,  shall  not  be  compleated  by  inlistments, 
the  deficiency  shall  be  raised  by  an  impress. 

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

Manner  of  [Sect.  1.]     That  on  the  second  day  of  May  next,  at  ten  of  the  clock 

eevlfra"fom°      in  the  forcuoon,  there  shall  be  a  muster  of  all  the  companies  of  horse 

panies  of  militia,  and  foot  of  the  militia  of  this  province,  and  of  the  batteries  in  the 

volunteers,  &c!^  towns  of  Boston,  Charlestown,  Marblehead,  Salem  and  Glocester,  and 

the  captain  or  chief  officer  of  each  of  said  companies  shall  immediately 

give  notice  thereof,  by  one  of  the  Serjeants  or  corporals  of  his  troop  or 

company,  to  each  person  belonging  to  the  same,  and  liable  to  train 

therein,  either  in  person,  or  in  case  of  his  absence  or  not  being  to  be 


[5th  Sess.]  Province  Laws.— 1757-58.  87 

found,  b\'  leaving  a  notification  in  writing,  at  the  place  of  his  abode ; 
and  ever}'  person  notified  in  either  of  the  ways  aforesaid  shall  punctu- 
ally and  duly  attend  at  the  time  and  place  of  muster  as  required,  and 
there  attend  until  dismissed,  unless  unavoidably  prevented,  on  penalty  Fine  in  case  of 
of  sixteen  pounds,  to  be  sued  for  and  recovered  with  cost  of  suit,  by  "*"»-app«a'a°c«- 
the  clerk  of  the  troop  or  company  to  which  such  delin(iuent  belongs ; 
and  if  such  delinquent  be  a  minor  or  servant,  the  action  to  be  brought 
against  and  penalty  recovered  of  his  parent  or  master ;  one  third  of 
said  penalty  to  be  for  the  use  of  said  clerk,  and  the  other  two  thirds 
shall  by  him  be  paid  into  the  hands  of  the  treasurer  of  the  town,  dis- 
trict or  parish,  to  be  em|)loyed  in  hiring  men  into  his  majesty's  service, 
as  there  shall  be  occasion,  and  drawn  out  for  that  purpose  by  the  cap- 
tain or  chief  officer  of  the  troop  or  company. 

[Sect.  2.]  And  in  case  any  troop  or  company,  after  warning  a 
muster  of  the  same  as  aforesaid,  shall  not,  on  or  before  the  said  second 
day  of  May  next,  at  four  of  the  clock  in  the  afternoon,  have  made  up  the 
deficiency  of  their  inlistments,  and  compleated  their  quota  aforesaid, 
then  the  captain  or  chief  officer  of  such  troop  or  company  shall  imme- 
diately proceed  to  impress  or  cause  to  be  impressed  so  many  able-bodied 
men  as  shall  be  necessary  in  order  to  compleat  his  quota ;  and  every 
person  so  impressed  shall  attend  the  service  and  do  the  duty  for  which 
he  shall  be  so  impressed,  unless  he  shall  obtain  a  discharge  in  writing 
under  the  hand  of  the  captain  of  the  company  or  colonel  of  the  regi- 
ment to  which  he  belongs,  or  from  the  governour  of  the  province,  or 
unless  he  immediately  on  his  being  impressed  shall  produce  a  man  to 
the  satisfaction  of  the  captain  or  chief  officer  of  such  troop  or  com- 
pany, or  otherwise  shall  pay  to  the  captain  or  chief  officer  of  the  troop  Fine  for  not 
or  company  to  which  he  belongs  the  sum  of  eight  pounds,  to  be  disposed  fmpr^^^" 
of  in  hiring  another  man  in  his  stead,  and  the  overplus,  if  any  there  be, 
to  be  paid  to  the  treasurer  of  the  town,  district  or  parish,  to  be  em- 
ployed in  hiring  men  into  his  majest3-'s  service  as  there  shall  be  occa- 
sion, and  drawn  out  for  that  purpose  by  the  captain  or  chief  officer  of 
the  troop  or  company  ;  and  in  case  the  fine  or  fines  paid  by  impressed 
men  as  aforesaid  shall  not  be  sufficient  to  hire  able-bodied  men  enough 
to  make  up  the  quota  immediateh-,  such  captain  or  officer  shall  proceed 
to  impress  more  men  ;  and  in  case  of  their  paying  the  fine  aforesaid,  or 
being  discharged  as  aforesaid,  shall  go  on  without  delay  to  impress  in 
manner  aforesaid,  until  the  quota  be  compleated  either  by  hiring  with 
the  fines,  or  with  the  impressed  men  as  aforesaid. 

And  ii-hereas  many  persons  liable  to  train  and  do  military  duty  may 
have  come  from  other  governments  into  this  province  to  avoid  doing 
their  duty  at  home,  and  others  who  are  inhabitants  within  this  province 
may  strolc  from  town  to  town  or  place  to  place  to  avoid  impresses,  and 
others  do  not  belong  to  an}'  particular  company, — 

Be  it  further  enacted, 

[Sect.  3.]     That  the  colonels  of  each  regiment,  captain  or  chief  Rp«idpnuof 
oflficer  of  any  troop  or  company  who  shall  be  in  want  of  men  to  com-  stroiursriiab"! 
pleat  the  quota,  after  four  of  the  clock  in  the  afternoon,  the  second  day  *" '"'  impreascd. 
of  May  next,  may  impress  any  residents  or  strolers  within  his  district, 
being  persons  suitable  to  be  impressed,  though  the  same  persons  do  not 
belong  to  his  regiment  or  company  ;  and  such  persons  so  impressed 
shall  be  held  to  serve  unless  such  persons  do  really  belong  to  some  com- 
pany of  the  militia  within  this  province  that  shall  have  compleated  its 
quota  before  the  said  second  day  of  Ma}'  next,  or  unless  such  persons 
so  impressed  shall  pay  the  fine  aforesaid,  or  shall  be  discharged  by  the 
governour,  or  such  person  as  the  governour  shall  appoint  for  such  pur- 
poses. 


88 


Province  Laws. — 1757-58.  [Chap.  35.] 


Any  captain  or 
chief  officer  that 
has  completed 
his  quota,  to 
give  notice,  &c. 


Provided.,  nevertheless, — 

[Sect.  4.]  If  the  captain  or  chief  officer  of  any  troop  or  company 
shall  have  inlisted  the  full  number  of  effective  men  he  is  or  shall  be 
required  to  furnish  for  the  service  aforesaid,  such  company  shall  not  be 
obliged  to  muster  as  aforesaid  ;  and  if  at  any  time  hereafter,  and  before 
the  said  second  day  of  May  next,  the  captain  or  chief  officer  of  any 
such  troop  or  foot  company  shall  have  compleated  his  quota  of  said 
seven  thousand  men,  then  and  in  such  case  such  captain  or  chief  officer 
of  such  troop  or  compan}'^  shall  give  notice  thereof  to  his  troop  or  com- 
pany ;  and  upon  his  notifying  his  troop  or  company  thereof,  the  persons 
belonging  to  such  troop  or  company  shall  not  be  obliged  to  appear  at 
the  time  and  place  appointed  for  muster,  nor  liable  to  any  penalty  or 
forfeiture  for  non-appearance  ;  anything  in  this  act  to  the  contrary  not- 
withstanding.    \^Passed  April  26  ;  published  April  29,  1758. 


CHAPTER   35. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  A  SUM  OF  MONEY  BY 

LOTTERY. 


Preamble. 


Managers 
appointed. 


Managers,  &c., 
to  be  under 
oath. 


Managers  to 
publish  list. 


Whereas  it  is  necessary  for  his  majesty's  service  in  the  intended 
expedition  against  Canada,  that  the  treasury  be  supplj'ed  with  a  large 
sum  of  money  as  soon  as  may  be,  and  a  lottery,  among  other  means, 
being  judged  condusive  thereto, — 

Be  it  enacted  by  the  Gnvemour,  Council  and  House  of  Representatives., 

[Sect.  1.]  That  John  Jeffiios,  Samuel  Walts,  Thomas  Flncker  and 
James  Russell,  Esqrs.,  and  Mr.  John  Tvng,  or  any  three  of  them,  be 
and  hereby  are  appointed  managei's  in  behalf  of  this  government,  to  set 
up,  carry  on  and  compleat,  agreeable  to  such  scheme,  as  the  said  man- 
agers, or  a,x\y  three  of  them  shall  agree  upon,  a  lottery  or  lotteries  for 
the  raising  and  boiTovving  the  sum  of  thirt}'  thousand  pounds,  to  be 
emplo}'ed  for  his  majesty's  service,  in  the  intended  expedition  against 
Canada,  in  such  manner  as  this  court  shall  order. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  managers  aforesaid,  and  all  persons  employed 
under  them,  shall,  before  they  act,  be  under  oath  for  the  faithful  dis- 
charge of  the  trust  reposed  in  them. 

Ayid  be  it  further  enacted, 

[Sect.  3.]  That  the  managers  aforesaid  shall,  within  twenty  days 
after  the  drawing  the  loiter}'  or  lotteries  aforesaid,  cause  a  list  to  be 
printed  in  one  of  the  Boston  weekly  newspapers,  expressing  the  number 
and  value  of  each  benefit-ticket,  and  shall,  at  the  same  time,  notify  the 
proprietors  of  the  tickets  to  repair  to  one  of  the  managers,  in  order  that 
the  value  of  each  may  be  certified  thereon,  that  so  such  proprietors  may 
be  respectively  intitled  to  receive  a  government  note  or  security,  which 
shall  be  in  the  form  following,  and  signed  by  the  province  treasurer ; 
viz., — 


Form  of  the 
treasurer's  note. 


Province  of  the  Massachusetts  Bay,  the        day  of         ,  Anno  Domini 
Received  of  ticket  (drawn  in  the  Massachusetts  lottery,  No.      ), 

of  the  value  of  ,  which  has  been  applyed  to  the  use  and  service 

of  said  province,  and,  in  behalf  of  said  province,  I  do  hereby  promise  and 
oblige  myself  and  successors  in  the  office  of  treasurer  to  pay  the  said 
or  order,  the  first  day  of  June,  one  thousand  seven  hun- 
dred and  sixty-one,  the  aforesaid  sum  of  ,  in  silver,  at  six 
shillings  and  eightpence  per  ounce,  or  Spanish  mill'd  dollars,  at  six  shillings 


[5th  Sess.]  Province  Laws. — 1757-58.  89 

each,  with  lawful  interest  annually,  at  tlie  rate  of  six  per  cent  per  annum  ; 
or  to  pay  the  same,  with  interest  as  aforesaid,  out  of  the  money  that  may  bo 
received  into  the  treasury  from  (Jreat  Uritain  for  the  reimbursement  of  tho 
charf^e  of  the  intended  expedition  against  Canada. 
Witness  my  hand,  II.  G.,  Treasurer. 

And  he  it  further  evaded^ 

[Sect.  4.]    That  tho  proprietor  or  proprietors  of  each  benefit-ticket  Proprietors 
shall  be  intitled  to  a  fjovernment  note  or  security,  to  be  given  by  tlic  ["onBurer^s'not^ 
treasurer,  for  a  sum  e(iual  to  the  value  of  such  benefit-ticket  payable  by  on  interest,  &c. 
the  first  day  of  June,  one  thousand  seven  hundred  and  sixty-one,  with 
interest  annually,  at  the  rate  of  six  per  cent  per  annum,  from  the  time 
the  drawing  each  lottery,  respectively,  shall  be  finished  :  provided  such 
proprietor  or  proprietors  shall  produce  such  tickets  to  the  treasurer, 
certified  by  one  of  the  managers  as  aforesaid,  within  the  space  of  two 
months  after  public  notice  given  as  aforesaid  of  the  drawing  of  the 
lottery,  and  shall  lodge  it  or  them  with  the  treasurer  as  aforesaid,  who, 
in  that  case,  is  hereby'  fully  authorized  and  required  without  receiving 
any  fee  or  reward  for  the  same  to  give  such  note  or  security  accord- 
ingly ;  and  every  such  note  or  security  shall  bear  date  from  the  time 
the  drawing  the  hotter}-  is  finished  ;  and  no  note  shall  be  given  for  a  less 
sum  than  six  pounds.     And  tho  managers  aforesaid  are  hereby  required,  Managorsfo 
respectively,  to  give  certificates  on  the  tickets  brought  to  them  without  baok'^^ifThe'" 
receiving  any  fee  or  reward  therefor.  tickcta. 

And  be  it  further  enacted^ 

[Sect.  5.]     That  the  managers  aforesaid  shall  pay  into  the  treasurj-  Monoytohe 
the  whole  of  the  money  that  shall  arise  from  the  sale  of  the  tickets  nKllL'^^^'rl'Tnto 
aforesaid,  and  shall  be  intitled  to  six  shillings  each  for  every  whole  day  the  truaBury. 
they  shall  be  respectively  employed  about  the  lottery  aforesaid,  and 
shall  exhibit  their  account  of  the  charges  attending  said  lotteries,  to  the 
governour  and  council,  for  allowance. 

And  whereas  his  majesty  has  been  graciously  pleased  to  signifv,  by  a  Preamble, 
letter  from  tho  right  honourable  William  Pitt,  Esq.,  one  of  his  majesty's 
principal  secretaries  of  state,  that  strong  recommendations  will  be  made 
to  parliament  in  their  session  next  year,  to  grant  a  proper  compensation 
for  the  expences  of  the  intended  expedition,  in  humble  confidence  of 
which  conii)eiisation  this  government  engaged  in  said  expedition, — 

Be  it  enacted^ 

[Sect.  G.]     That  the  notes  or  securities  given  by  the  treasurer  as  Notps  or 
aforesaid  shall  be  paid  oft'  out  of  the  money  which  may  lie  granted  by  i.^nKm^aKu'tr 
parliament  fur   the  reimbursement  of  the  oxpence   of  the  expedition  t..  he  pai.i  out 
aforesaid,  as  soon  as  it  shall  arrive  from  Great  Britain,  and  be  lodged  almay  b"*""^^ 
with  the  treasurer  of  this  province;   in  which  case   said  treasurer  is  Kr-^'itea  by 
hereby  directed  to  give  public  notice  that  he  has  such  money  in  his  P'"''"™'^"' 
hands  for  the  redemption  of  the  said  notes  ;  and  on  their  being  brought 
to  him  shall  redeem  them  accordingly  ;  and  if  any  person  shall  neglect 
to  appl}-  for  the  payment  of  such  of  the  aforesaid  notes  as  he  or  she 
may  be  possest  of,  the  interest  thereon  shall  cease  at  the  end  of  three 
months  after  such  notification  ;  but  if  it  should  happen  that  no  money 
should  arrive  from  (Jreat  Britain  by  the  last  day  of  June,  one  thousand 
seven  hundred  and  sixty,  then,  as  a  Airther  security  for  the  payment  of 
said  notes, — 

Be  it  enacted^ 

[Sect.  7.]     That  there  be  and  hereby  is  granted  unto  his  most  excel-  Tas  of  £34,000 
lent  majesty  a  tax  of  thirty-four  thousand  pounds,  to   levied  on   the  majelTy 'in  n^. 
polls,  an<l   estates  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  the  general  court 
of  this  province,  at  their  session  in  May,  one  thousand  seven  hundred 


90 


Province  Laws.— 1757-58.  [Chap.  36.] 


Treasurer 
empowered  to 
issue  his  war- 
rants, in  failure 
of  a  tax  being 
laid  by  the 
general  court. 


and  sixty ;  and  the  said  tax  shall  be  paid  into  the  treasury  on  or  before 
the  last  day  of  March  next  after. 

And  be  it  further  enacted, 

[Sect.  8.]  That  in  case  the  general  court  shall  not,  at  their  session 
in  Ma}-,  and  before  the  last  day  of  June,  one  thousand  seven  hundred 
and  sixty,  agree  and  conclude  upon  an  act  apportioning  the  tax  which 
by  said  act  is  engaged  to  be  apportioned,  assessed  and  levied,  that  then 
and  in  such  case,  each  town  and  district  within  this  province  shall  pay 
a  share  of  said  tax,  to  be  levied  on  the  polls  and  estates  within  their 
respective  limits,  according  to  such  rules  and  in  such  proportions  as  are 
laid  down  in  the  tax  act  then  last  preceeding ;  and  the  province  treas- 
urer is  hereby  directed  and  fully  impowered,  some  time  in  the  month  of 
June,  one  thousand  seven  hundred  and  sixty,  to  issue  and  send  forth 
his  warrants,  directed  to  the  selectmen  or  assessors  of  the  several  towns 
and  districts  within  this  province,  requiring  them,  respective!}',  to 
assess  the  polls,  and  estates  real  and  personal  within  tlieir  respective 
towns  and  districts,  for  their  respective  part  and  proportion  of  the  tax 
before  directed  and  engaged  to  be  assessed.  And  the  assessors,  and 
persons  assessed,  shall  observe,  be  governed  by,  and  subject  to,  all 
such  rules  and  directions  as  have  been  given  in  tlie  said  last  preceeding 
tax  act.  And  if,  after  the  payment  of  the  notes  aforesaid,  there  shall  be 
any  remainder  in  the  treasury  of  the  tax  aforesaid,  it  shall  remain  as  a 
stock  in  the  treasury,  to  be  applyed  as  the  general  court  shall  hereafter 
order.     [^Passed  and  published  April  29,  1758. 


CHAPTER  36. 

AN  ACT  IN  ADDITION  TO  AN  ACT  MADE  AND  PASSED  THIS  PRESENT 
YEAR,  INTITLED  "AN  ACT  FOR  THE  SPEEDY  LEVYING  OF  SOLDIERS 
FOR  AN  INTENDED  EXPEDITION." 


Preamble. 
1757.58,  chap.  34. 


Quakers 
exempt  from 
fines  for  not 
attending 
military  mus- 
ters. 


Colonel  or  chief 
otlicer  to  employ 
a  sum  not  ex- 
ceeding £13  6s. 
Sd.  per  man,  for 
each  Quaker 


Whereas,  in  and  by  an  act  made  and  passed  this  present  year  of  his 
majesty's  reign,  intitled  "  An[d]  Act  for  the  speedy  levying  of  soldiers 
for  an  intended  expedition,"  all  persons  belonging  to  any  troop  or  com- 
pany and  liable  to  train  therein  are  held  and  obliged  by  said  act  to 
certain  attendance  on  military  musters  and  subjected  to  impresses,  on 
penalty  of  the  respective  fines  and  forfeitures  by  said  act  provided  and 
determined  ;  and  tvhereas  the  people  called  Quakers  alledge  a  scruple  of 
conscience  against  any  military  service,  and  persist  in  their  neglect  or 
refusal  to  attend  on  military  musters, — 

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

[Sect.  1.]  That  such  of  the  inhabitants  of  this  province  as  profess 
themselves  to  be  of  the  people  called  Quakers,  shall  be  and  hereby  are 
declared  to  be  exempt  from  the  fines  and  forfeitures  for  not  attending 
on  military  musters  and  for  not  attending  the  service  upon  an  impress, 
anything  in  the  aforesaid  act  to  the  contrary  notwithstanding. 

And  in  order  to  prevent  any  unequal  burthen  upon  any  regiment  in 
which  there  are  any  of  the  people  called  Quakers  liable  to  be  impressed, 
and  to  prevent  any  def  [f]iciency  in  the  whole  number  of  men  required 
to  be  raised  by  the  aforesaid  act, — 

Be  it  further  enacted, 

[Sect.  2.]  That  in  every  regiment  in  which  there  are  any  of  the 
people  called  Quakers  liable  to  be  impressed,  the  colonel  or  chief  oflflcer 
of  such  regiment  is  hereby  impower[e]'d  and  required  to  engage  and 
employ  a  sum  not  exceeding  thirteen  pounds  six  shillings  and  eight- 


[5Tn  Sess.]  Province  Laws. — 1757-58.  91 

pence  per  man,  in  order  to  hire  into  tlie  service  so  many  men  as  by  the  n.ihictohe 
act  aforesaid  would  have  been  liable  to  be  impressed  from  such  people  ""P'''^»»cd. 
called  Quakers,  in  a  due  proportion  to  the  other  part  of  the  regiment, 
the  sums  so  engaged  to  be  paid  out  of  the  public  treasury  upon  an 
account  thereof  exhibited  to  and  allowed  b}'  the  governour,  with  the 
advice  and  consent  of  the  council,  and  to  be  levied  in  the  next  tax  act 
upon  the  people  called  Quakers,  in  such  manner  and  proportion  as  shall 
be  therein  ordered. 

And  be  it  further  enacted^ 

[Sect.  3.]     That  if  the  general  assembly  who  shall  pass  the  next  Provinco 
tax  act  sliall  omit  therein  to  levy  the  aforesaid  sums  on  the  people  po^wort^ucuax 
called  Quakers,  that  then  the  province  treasurer  shall  be  and  he  hereby  Quakers, 
is  impower[e]'d  and  directed  to   add  the  said  sums  to  the  town   or 
district's  proportion  wherein  such  Quakers  live,  respectively,  over  and 
above  such  town  or  district's  ordinary  proportion  of  the  province  tax ; 
distinguishing  it,  however,  from  said  proportion,  that  so  the  respective 
assessors  of  said  towns  and  districts  may  assess  such  Quakers  for  the 
same  accordingly  as  afores[a("]d. 

And  whereas  the  people  calUnl  (^)iiakors  have  neglected  to  prepare  and  Preamble, 
deliver  in,  in  the  month  of  jMarch,  lists  of  the  names  of  the  members 
of  their  respective  societies  liable  by  law  to  impresses,  as  directed  by 
an  act  made  and  pass[e]'d  this  present  year,  intitled  an  act  to  exempt 
the  people  called  Quakers  from  the  penalty  of  the  law  for  non-attend- 
ance on  military  musters,  by  means  of  which  neglect  the  number  of  such 
Quakers  cannot  be  ascertained  in  manner  as  was  intended  by  said 
act, — 

Be  it  therefore  further  enacted, 

[Sect.  4.]     That  the  captain  or  chief  oflicer  of  every  company  in  Coionei  or  chief 
each  regiment  witliin  this  province,  the  colonel  or  chief  officer  of  which  aU8t*"ofoJaker° 
regiment  shall  have  employed  an}'  sum  or  sums  to  hire  persons  into  the  *  *  **    "*  ^'^** 
service  in  the  room  and  stead  of  the  people  called  Quakers,  in  conse- 
quence of  this  act,  shall  some  time  before  the  twenty-lifth  of  May  in  this 
present  year,  prepare  and  deliver  to  such  colonel  a  list  of  all  the  people 
called  Quakers,  or  who,  under   pretence  of  a   scruple  of  conscience, 
absent  themselves  from  military  musters  within  the  respective  districts 
of  tlieir  respective  companies,  specifying  in  such  list  the  towns  of  which 
each  and  every  such  persons  are  inhabitants,  and  every  such  colonel  or 
chief  officer  of  such  regiment  shall  some  time  before  the  first  of  June 
return  sucli  lists  into  the  secretary's  office. 

[Sect.  .').]     And  every  military  oflicer  who  shall  fail  of  preparing  and  renaity. 
delivering  such  lists  shall  forfeit  and  pay  the  sum  of  ten  pounds  ;  one 
moiety  thereof  to  his  majesty  for  the  use  of  the  province,  the  other 
moiety  to  him  or  them  that  shall  inform  and  sue  for  the  same.     [Passed 
April  28  ;  *  published  April  29,  1758. 


CHAPTER  37. 


AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "AN  ACT  FOR  PREVENTING 
THE  UNNECESSARY  DESTRUCTION  OF  ALEWIVES  AND  OTHER  FISH, 
WITHIN  THIS  PROVINCE." 

Whereas  in  and  by  an  act,  intitled  "An  Act  for  preventing  the  unnec-  Preamble, 
essary  destruction  of  alewives  and  other  fish,  within  this  province,"  it  1754-55, chap. 31, 
is,  among  other  things,  enacted,  "  that  no  person  or  persons  whatsoever,  ^^• 

•  Signed  April  29,  according  to  the  record. 


92  PiiovmcE  Laws.— 1757-58.  [Chap.  37.] 

shall,  on  any  pretence,  presume  to  stretch,  set  or  draw  any  siene  or 
drag-net,  or  set  up  any  wares  or  other  fishing  engines,  in  any  parts  of 
the  rivers  within  this  province,  or  ponds  adjacent  thereto,  Merrimack 
and  Connecticut  rivers  only  excepted,  where  the  fish  usually  spawn,  or 
use  any  other  instruments  for  catching  alewivcs  but  by  dip-nets  or 
scoop-nets,  on  penalty  of  a  fine  of  five  pounds  for  each  offence  "  ;  and 
whereas  it  is  found  unnecessary  wholly  to  restrain  the  catching  of  shadd 
or  alewivcs  by  siencs  or  drag-nets  in  Charles  River,  Medford  River  and 
Concord  River,  in  the  county  of  Middlesex,  and  Neponsett  River  in  the 
count}'  of  Suffolk, — 

Be  it  therefore  enacted  hy  the  Governour,  Council  and  House  of 
Representatives, 
otifeT'flsh  tobe  I'hat  it  shall  and  may  be  lawful  for  any  person  or  persons  to  catch 
tnken  by  seines,  alcwivcs  or  othcr  fish  by  sicucs  or  drag-nets  in  Charles  River  and  Con- 
mver"&c.''''^*  cord  Rivcr,  in  the  county  of  Middlesex,  and  Neponsett  River  in  the 
county  of  Suffolk,  three  days  in  a  weelc,  the  days  to  be  Monday, 
Wednesday  and  Friday,  and  in  Medford  River,  in  the  county  of  Mid- 
dlesex, two  days  In  a  week  ;  viz.,  Monday  and  Thursday,  by  drawing 
two  sienes  once  in  each  day  at  said  Medford  River ;  and  for  the  taking 
of  fish  in  such  part  of  Concord  River  where  sienes  cannot  conveniently 
be  used,  it  shall  be  lawful  to  erect  a  wear,  and  to  employ  the  same  for 
that  purpose  on  the  Mondaj^,  Wednesday  and  Friday  of  each  week,  the 
place  where  the  same  shall  be  erected  to  be  determined  by  the  select- 
men of  said  town,  during  the  continuance  of  the  afore-recited  act,  an}'- 
thing  therein  contained  to  the  contrary  notwithstanding.  \^Passed  and 
published  April  29,  1758. 

Notes. — There  were  five  sessions  of  the  General  Court  this  year,  at  all  of  which 
acts  were  passed. 

All  the  acts  of  this  year  were  printed  (chapters  2  and  32  separately)  except  the 
last  two  of  the  private  acts,  the  titles  of  which  are  as  follows:  — 

"An  Act  impowering  Margarett  Pollard  of  Boston  in  the  County  of  Suffolk, 
"Widow,  Executrix  of  the  last  Will  and  Testament  of  Benjamin  Pollard,  Esq""., 
deceased,  to  make  Sale  of  certain  Lands  that  were  conveyed  to  the  said  Benjamin 
Pollard,  in  Trust." — [Passed  June  IG;  published  June  17. 

"  An  Act  for  dissolving  the  Marriage  of  Daniel  McCarthy  with  Mary  McCarthy." 
— [Passed  June  14;  published  June  17. 

"  An  Act  for  the  more  easy  and  equitable  Division  of  the  Estates  of  James  Town- 
send,  deceased,  and  Elizabeth  Chauncy,  deceased,  yet  remaining  undivided,  among 
the  Interested." — [Passed  April  24, 1758. 

The  first  and  last  of  these  private  acts, — the  last  bearing  no  memorandum  of 
publication  and  being  not  under  seal, — were  disallowed  by  the  Privy  Council,  Aug. 
10, 1759. 

The  engrossments  of  all  the  acts  of  this  year  are  preserved  except  of  chapters  2, 
4,  7,  IG,  18,  10,  32,  33,  34,  35  and  37. 

Governor  Pownall  not  having  arrived  until  August  3,  the  acts  of  the  first  session  • 
and  of  the  previous  year,  do  not  appear  to  have  been  formally  transmitted  until 
Jan.  12,  1758,  when  these,  together  with  the  acts  of  the  second  session,  were  certi- 
fied for  that  purpose  under  the  seal  of  the  Province.  Copies  of  the  acts  of  the 
second  session,  however,  were  forwarded  to  the  Board  of  Trade  by  the  Governor, 
with  his  observations  thereon,  Oct.  11, 1757;  and  in  like  manner,  the  following  acts 
of  the  third  and  fourth  sessions  were  forwarded  on  the  dates  hereafter  given;  viz., 
chapter  Ifi,  Dec.  1,  1757;  chapter  18,  Jan.  15,  175S;  chapter  24,  Mar.  15,  1758;  and 
chapter  30,  Mar.  [26  ?]  6,  1758.  The  acts  of  the  last  three  sessions  were  formally 
certified  for  transmission  Sept.  22,  1758. 

The  acts  of  the  first  and  second  sessions  were  received  by  the  clerk  of  the  Privy 
Council,  in  waiting.  May  3,  1758,  and,  five  days  later,  were  referred  to  the  Lords  of 
the  committee  of  the  Privy  Council,  for  plantation  affairs  who,  on  the  next  day, 
took  them  into  consideration  and  referred  them  to  the  Board  of  Trade  "  to  examine 
into  the  same  and  report  their  opinion  thereupon  to  this  Committee."  The  Board 
of  Trade  took  them  up  June  6,  1758,  and  appointed  a  special  time  for  considering 
chapter  12,  in  the  note  to  which  chapter,  post,  will  be  found  the  minutes  of  their 
proceedings  thereupon.  On  the  13tli  of  June  the  Board  ordered  these  acts  to  be 
sent  to  Sir  Matthew  Lamb  "  for  his  Opinion  thereupon  in  point  of  law  and  that  he 
be  desired  to  take  the  Act  respecting  Bankrupts  and  their  Creditors  into  his  imme- 
diate consideration  and  report  his  opinion  thereupon  in  point  of  law  with  all  possi- 
ble dispatch."  The  acts  of  the  last  three  sessions  were  received  by  the  clerk  of  the 
Privy  Council,  Nov.  25,  1758,  and  on  the  13th  of  December  were  referred  to  the 
committee,  of  the  Privy  Council,  on  plantations,  &c.,  who  nine  days  later  took 
them  into  consideration,  and  referred  them  to  the  Board  of  Trade  to  examine  &c. 


[Notes.]  Province  Laws.  — 1757-58.  93 

In  the  Board  of  Trade  they  came  up  for  consideration  Jan.  10,  1759  and  were 
immediately  sent  to  Sir  Matthew  Lamb  "  for  his  Opinion  thereupon  in  point  of 
Law." 

On  the  25th  of  July  1759  the  Board  of  Trade  ordered  the  draught  of  a  report  to 
the  committee  of  the  Council  on  all  the  acts  of  this  year  to  Ik;  pre]>ared,  and,  six 
days  later,  the  draught  was  prejvircd,  agreed  to,  transcrihed  and  signed.  In  this 
report  chapters  2,  7,  8,  KJ,  19,  24,  25,  2ti,  27,  '2'.\  ."2,  M  and  'M,  it  is  declared,  "appear 
to  have  been  pass'd  for  temporary  Services  and  are  either  expired  by  their  own 
Limitations  or  the  jiurposes  for  which  they  were  enacted  have  been  completed;" 
chapters  ."{,  4,  iiO  and  ;!5  "  jmsscd  for  temporary  services  and  at  different  times  for 
raising  or  borrowing  sums  of  Mony  fur  defraying  the  Kxpcnccs  of  Military  and 
other  Servi<-es,  hav(!  in  great  ni(>;isurc  taken  effect  liut  jis  tlic  Exei'Utiou  of  soni(>  of 
the  Provisions  therein  coiitain'd,  in  which  the  pnliliek  faith  of  the  Province  is 
interested  will  not  be  coiu]ileated  till  the  Years  17(>(),  17i>l  &  17(i2,  and  as  Sir 
Matthew  Lamb,  whoso  Opinion  has  been  taken  upon  these  Acts,  lias  no  objection 
to  any  of  them  in  point  of  law,  \\  (!  conceive  it  expedient  that  they  should  receive 
His  Majesty's  Royal  Allowance."  Chapters  5,  (5,  <»,  10,  11,  l.i,  U,  15,  17,  IH,  20,  21. 
22,  2;>,  2S,  M,  o.i  and  ."7,  "  relatt!  to  the  internal  CEconomy  of  the  Province  and 
apiiear  to  have  been  enacted  for  it's  private  convenience,  and  We  see  no  reason  why 
His  Majesty  may  not  be  graciously  ])leased  to  Confirm  them."  Chapters  1  and  12, 
were  specially  reported  upon  as  shown  in  the  notes  to  those  chapters,  respectively, 
and  so,  also,  were  two  of  thf>  private  acts  of  this  year.  No  record  of  further  action 
by  the  Privy  Council  on  these  acts  has  been  discovered  :  but  as  an  order  in  Council 
was  passed  Aug.  10,  17.')it,  disallowing  chapter  1,  and  the  two  private  acts  above 
referreil  to,  in  accordance  with  the  report  of  the  Board  of  Trade,  it  is  probable  that 
an  order  allowing  the  acts  favorably  rej)orted  on  was  passed,  Init  has  been  over- 
looked, or  inadvertently  omitted  from  the  packages  of  copies  received  from  the 
Public-Pwecord  Office. 

Chap.1.  "  June  10, 17.'i7.  A  Bill  having  passed  the  two  Houses  to  be  enacted 
intituled  an  Act  for  erecting  the  District  of  Danvers  into  a  Township  by  the  name 
of  And  Thomas  lliitihinson  Esij"".  a  Member  of  his  Majesty's  Council 

having  moved  in  Council  for  liberty  to  enter  his  dissent;  the  same  was  admitted 
and  is  as  follows. 

The  Question  being  jmt  whether  the  Bill  intituled  an  Act  for  erecting  the  District 
of  Uanvers  into  a  Township  by  the  name  of  shall  be  enacted,  and  the 

same  having  passed  in  the  Atiirmative;  I  desire  the  liberty  of  entring  my  dissent 
for  the  following  lleasons  viz' 

1»'  Because  the  jirofessed  design  of  the  Bill  is  to  give  the  Inhabitants,  who  now 
join  with  thi;  Town  of  Salem  in  the  choiet^  of  a  Kepresentative  a  power  of  chusing 
by  themselves,  and  the  number  of  which  the  House  of  llepresentatives  may  at 
present  consist,  being  full  large;  the  increasing  the  nundter  must  have  a  tenclency 
to  retard  the  proceedings  of  the  General  Court,  and  to  increase  the  bnnlen  which 
now  lyes  upon  the  People  by  their  long  Sesvsions  every  Year,  and  must  likewise 
give  tliat  House  an  undHt"  proportion  to  the  Board  in  the  Legislature  where  many 
alTairs  are  determined  by  a  joint  Ballot  of  tin;  two  Houses. 

2|'  Because  then;  b<!ing  no  (iovernor  nor  Lit;utenant  (;overnf)r  in  the  Province, 
it  is  most  agreeable  to  his  Majesty's  Commission  to  the  late  Governor:  to  the 
message  of  this  Board  to  the  House  of  Representatives  at  the  opening  the  Session; 
and  is  in  itself  a  thing  most  reasonalile  that  all  matters  of  anj-  importance,  and 
not  necessary  to  be  acted  upon  immediately,  which  is  the  case  with  the  present 
Bill,  shouUl  be  deferred  until  there  be  a  Governor  or  Lieutf;nant  Governor  in  the 
Chair. 

'M  Because  the  Board  by  jiassing  this  Bill  as  the  second  Branch  of  the  Legisla- 
ture necessarily  bring  it  immediately  after,  before  themselves  for  their  A.ssent,  or 
Refusal,  as  the  tirst  Rraneli,  and  such  >[ember3  as  Vote  for  this  Bill  in  one  capacity, 
must  give  their  Assent  in  the  other  directly  against  the  Royal  Instruction  to  the 
Governor,  in  a  cii.se  in  no  degree  necessary  for  the  public  Interest,  or  else  their 
Actions  will  be  incon.si.stent  and  Absurd. 
Council  Chamber.  Tno«  Hutchinson. 

•Jth  June,  1757."— CbuncjV  lirrords,  vol.  XXII.,  pp.  45.  4<;. 
"  At  the  Court  at  Kensington 
the  10"»  day  of  August  1759. 
Pn'sent 
The  King's  most  Excellent  Majestv  in  Council. 

Wlierea,s  by  Cornmisslon  under  the  Great  Seal  of  Cnat  Hritain,  the  Governor, 
Council  and  Assemldy  of  the  Province  of  the  .Massaelmsits  Bay  in  New  Eng- 
land in  .Vmcrica  are  authorized  and  empowered  to  constitute  and  ordain  Laws 
wliieh  are  to  continue  and  be  in  force  tiniiss  His  Majesty's  jdeiisure  be  signi- 
fied to  the  contrary— And  whereas  in  pursuance  of  the  .sai<l  Connni.ssion  three 
Laws  were  passed  iu  the  said  Province  in  Juno  1757  and  April  1758  Eutituled  as 
follow,  Viz« 

'  An  Act  for  erecting  the  District  of  Danvers  into  a  Township  by  the  name  of 
Danvers.'  ,  .  ,  ^  , 

Which  saiil  I^aws  having  been  undr-r  the  consideration  of  the  Lord's  Commis- 
sioners for  Trade  and  Plantations  and  also  of  a  Connnittee  of  the  Lords  of  His 
Majesty's  most  Honourable  Privy  Seal,  The  said  L)rds  of  the  Connnittee  this  day 
presented  the  said  I>aws  to  Jfis  Majesty  at  this  Roar.l  with  their  opinion  that  the 
same  ought  to  be  repealed— His  Majesty  taking  the  same  into  eotisideration  w:is 
plea.sed  with  the  adviee  of  His  Privy  Council  to  de.lare  His  disallowance  of  the 
»aid  Laws  and  pursuant  to  His  Majesty's  pleasure  thereui>ou  exiiressed  the  said 


94  Pbovince  Laws.  — 1757-58.  [Notes.] 

Laws  are  hereby  repealed  declared  void  and  of  none  effect — 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." 

—"Mass.  Bay,  B.  T.,"  vol.  11,  E.k.,1,  in  Puhlic-Record  Office. 

At  first  view  it  would  appear  inexplicable  that  Hutchinson,  who  had  so  zealously 
opposed  the  passage  of  this  act,  and  who,  for  several  years  afterwards,  was  gov- 
ernor or  acting  governor  of  the  province,  should  have  declared  that,  as  "  the  Coun- 
cil kept  no  correspondence  by  letters  with  the  King's  ministers  *  *  this  bill,  with 
others,  received  the  royal  allowance  probably  without  being  observed  to  be  contrary 
to  the  instructions,"  except  upon  the  theory  that,  in  this  case,  as  in  some  others, 
his  prejudices  were  stronger  than  his  memory.  On  referring,  however,  to  the 
Journal's  of  the  House  of  Representatives  it  will  be  found  that  the  town  of  Danvers 
was  annually  represented  in  the  General  Court  from  and  after  the  year  1758;  and  it 
is,  therefore,  probable  that  notice  of  the  disallowance  of  this  act  never  reached  the 
provincial  authorities,  and  that  Hutchinson  did  not  take  the  pains  to  correct  his 
impression,  grounded  on  these  facts,  by  an  examination  of  the  public  records. — See 
Hutchinson's  Hist.  Mass.,  vol.  3,2}-  55. 

See,  further,  on  the  general  subject,  notes  to  1700-61,  chap.  Si,  and  1761-62,  chap. 
9,  post:  also  1772-73,  chap.  17,  which  expressly  recognizes  Danvers  as  a  town. 

Chap.  2.  "  June  13, 1757.  In  the  House  of  Representatives.  Ordered  That  the 
Assessors  of  the  Town  of  Leicester  and  District  of  Spencer  be  and  hereby  are  im- 
powered  to  assess  the  Inhabitants  of  a  Place  called  the  Gore  in  their  next  Assess- 
ment for  the  present  Years  Tax  in  the  same  manner  as  has  heretofore  been  done, 
their  being  lately  annexed  to  the  District  of  Charlton  notwithstanding.  In  Council. 
Read  and  Concurred. 

Consented  to  by  the  Major  Part  of  the  Council." — Council  Records,  vol.  XXII., 
p.  52. 

"  June  16,  1757.  In  the  House  of  Representatives.  Voted  That  the  Province 
Treasurer  be,  and  he  hereby  is  directed  not  to  borrow  any  money  or  issue  his  notes 
therefor,  to  be  redeemed  oiit  of  the  Fund  of  Fifteen  thousand  two  hundred  Pounds, 
laid  upon  the  present  year,  till  tbe  Further  order  of  this  Court.  In  Council— Read 
and  Concurred. 

Consented  to  by  a  Major  Part  of  the  Council." — Ibid.,  p.  63. 

"  Aug'  31,  1757.  In  the  House  of  Representatives.  Ordered  That  the  Province 
Treasurer  be  and  hereby  is  directed  to  borrow  as  soon  as  may  be  the  additional  Sum 
of  Fifteen  thousand  two  hundred  pounds  laid  on  the  present  year  in  the  last  Tax 
Act,  the  Vote  passed  the  16'ii  June  last  notwithstanding.  In  Council.  Read  and 
Concurred. 

Consented  to  by  the  Governor."— Ibid.,  p.  108. 

"  December  2,  1757.  In  the  House  of  Representatives.  Whereas  it  appears  to  this 
Court  that  there  was  a  Mistake  made  in  the  present  Year's  Tax  Act  of  Four  pounds 
eight  shillings  and  two  pence  too  much  laid  on  the  District  of  Southampton  in  pro- 
portioning the  Representatives  Pay  for  the  preceeding  Year  on  the  said  District  and 
the  Town  of  Northampton.  Therefore  Ordered  That  the  abovesaid  Sum  of  Four 
Pounds  eight  shillings  and  two  pence  be  taken  oil  from  the  District  of  Southampton 
and  laid  on  the  Town  of  Northampton  in  their  present  Year's  Tax.  In  Council. 
Read  and  Concurred. 

Consented  to  by  the  Governor."— I6id.,  p.  131. 

Chap.  3.  "  May  27,  1757.    The  Secretary  went  down  to  the  House  of  Representa- 
tives with  the  following  Message  from  his  Majesty's  Council  viz* 
'  Gentlemen  of  the  House  of  Representatives.— The  Administration  of  Govern- 

ment still  remaining  with  his  Majesty's  Council,  We  think  it  incumbent  upon  Us 
at  the  opening  the  present  Session  of  the  General  Assembly  to  recommend  to  their 
consideration  such  business  as  appears  to  be  of  immediate  importance  to  the  Inter- 
est of  the  Province,  &  to  his  Majesty's  service.— 

Our  principal  Attention  the  last  Session  of  the  late  Assembly  was  upon  the  dis- 
patch of  the  Forces  raised  by  this  Government  under  the  Command  of  his  Majesty's 
General  in  North  America.  They  have  all  marched  since  the  dissolution  of  the 
Court,  in  consequence  of  the  Orders  received.  But  it  was  with  great  difficulty  that 
money  was  obtained  for  their  Subsistence,  &  other  necessary  Charges;  &  you  will 
find  that  the  Provision  made  for  the  purpose  was  insufficient.  We  apprehend  that 
there  will  be  need  of  a  further  Supply  of  the  Treasury,  not  only  for  this  deficiency, 
but  for  the  other  Charges  of  Government,  which  now  come  heavy  upon  Us,  &  which 
it  Avill  require  great  Prudence  to  raise  in  such  manner  as  that  the  People  may  be 
able  to  bear  the  burthen,  and  at  the  same  time  the  Public  Credit  fully  maintained." 
— Council  Records,  vol.  XXII.,  ?5.  6. 

§  4.  "  January  21,  1758.  In  the  House  of  Representatives  Voted  That  the  follow- 
ing Establishment  be  made  for  the  Defence  and  Protection  of  the  Frontiers  of  this 
Province  viz' 

On  the  Eastern  Frontiers. 

That  there  be  Pay  and  Subsistence  allowed  at  Fort  Halifax  to  one  Captain,  one 
Lieutenant,  three  Sergeants,  four  Corporals  one  Armourer,  one  Drummer,  a  Chap- 
lain and  thirty  Privates  and  no  more. 

At  the  Storehouse  at  Cushnoc  to  one  Lieutenant  and  fifteen  Privates  and  no 
more. 

At  the  Truckhouse  at  Saco  to  fifteen  men  and  no  more  including  one  Lieutenant, 
one  Sergeant,  and  one  Corporal. 

At  Fort  Brunswick  to  five  men  and  no  more  including  one  Sergeant. 


[Notes.]  Pkovence  Laws.  — 1757-58.  95 

At  Fort  Fredrick  at  Pemaquid  to  twelve  men  and  no  more  including  one  Lieuten- 
ant, one  Sergeant  and  one  Corporal. 

At  the  Truckhouse  at  Saint  Georges  to  thirty-five  men  and  no  more,  including  a 
Captain,  one  Lieutenant,  one  Sergeant,  two  Corporals,  one  Drummer  and  one 
Armourer. 

On  the  "Western  Frontiers. 

That  there  be  Pay  and  Subsistence  allowed  at  Fort  Massacliusotts  to  one  Lieu- 
tenant, one  Sergeant,  one  Corporal,  one  Druiiimcr  and  twenty  Privates  and  no 
more;  said  men  to  be  employed  in  scouting  as  his  Excellency  the  Captain  General 
shall  order  and  direct. 

At  Charlcmont  to  sixteen  Privates  and  no  more,  eight  of  whom  at  Hawks's  Garri- 
son, and  eight  at  Taylors. 

At  Colerain  Twelve  I'rivatcs  and  no  more. 

At  Fall  Town  to  twelve  Privates  and  no  more,  six  of  whom  at  Burks  Garrison, 
and  the  other  six  at  Slieldons;  All  the  said  Men  at  Charlemont,  Colerain  and  Fall 
Town  to  be  employed  in  constant  Scouting  in  such  manner  as  the  Captain  General 
shall  order  and  direct. 

And  that  there  be  allowed  them  one  Lieutenant,  three  Sergeants  and  one 
Corporal. 

At  the  Blockhouse  at  "West  Hoosuck  to  ten  men  of  the  Inhabitants,  if  so  many 
Settlers  there  are,  for  the  defence  of  that  place  witli  one  Sergeant  to  command 
them;  and  if  there  are  more  than  ten  Settlers,  they  to  do  duty  alternately  ten  at  a 
tim<>. 

At  Pontoosuck  to  Six  Men  at  Williams's  Garrison  and  to  six  at  Gutteridges  of 
the  Inhabitants  if  so  many  there  be,  and  if  tliere  is  a  Greater  number  of  Inhabit- 
ants there,  that  number  to  do  duty  alternately. 

All  the  aforesaid  Officers  and  Men  to  receive  the  same  Pay  and  Subsistence  as  by 
tilt!  last  Estal)lislimeut  for  those  places  respectively,  except  that  five  shillings  and 
four  pLine  \y  week  only  shall  be  allowed  for  the  Subsistence  of  those  at  Fort  Mas- 
sachusetts to  continue  to  the  l.")tb  day  of  A]iril  next  and  no  longer. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor. 

N.B.    This  Establishment  was  not  compleated  until  the  25  Ins'." — Ibid.,  p.  225. 
"  January  24,  1758.    The  Secretary  by  order  of  his  Excellency  the  Governor  de- 
livered the  following  Message  to  the  two  Houses  viz' 

Gentlemen  of  the  Council  and  House  of  Representatives. 

The  Secretary  has  laid  before  me  your  Vote  of  an  Establishnicnt  of  Pay  and  Sul)- 
sistence  of  the' Forces  on  the  Frontiers.  Thfe  Scouting  Parties  on  the  Western 
Frontiers  you  having  confined  to  certain  Stations,  which  is  taking  the  direction 
out  of  my  iiands,  to  whom  by  the  constitution  of  your  Charter  it  belongs,  I  cannot 
but  hope  that  it  proceeds  from  a  mere  Oversight,  and  not  from  any  Intention  to 
exercise  any  Powers  that  do  not  belong  to  You;  and  that  you  will  very  readily 
make  the  necessary  Amendments  or  Alterations  in  your  Vote.  T.  Pownall. 

Council  Chamber  January  24,  1758." — Ibid.,  23.3. 

"  January  25,  1758.     The  Secretary  by  Order  of  his  Excellency  the  Governor 
delivered  the  following  Message  to  the  Ilouse  of  Representatives,  viz' 
Gentlemen  of  the  House  of  Itepres(>ntatives. — 

Seeing  You  are  resolved  to  run  matters  to  that  Extreme,  that  You  will  leave  the 
Frontiers  without  anj'  provision  of  Defence,  unless  I  will  sign  my  Consent  to  a  Vote 
of  your  House  wherein  You  assume  a  Right  to  determine  the  Stations  and  Destina- 
tion of  a  Scouting  Body  of  Troops;  which  Vote  the  Council  after  divers  Proposals 
of  Amendment  in  order  to  remove  the  difliculty  I  was  under  have  at  length  agreed 
to:  I  will  to  prevent  the  distressed  State  that  the  Inhaliitants  must  be  reduced  to 
by  this  your  Conduct,  sign  my  Consent  to  the  Establishment  of  Pay  and  Sub- 
sistence that  You  have  provided  by  that  Vote;  at  the  same  time  declaring  to  You, 
that  I  protest  against  the  Breach  you  have  made  ui>on  the  Constitution  of  j'our 
Charter,  and  the  Infringinent  on  the  Rights  of  the  Crown. 

In  the  Plan  I  laid  before  You,  I  have  told  you,  and  given  You  my  reasons  for  it, 
that  I  should  emjiloy  the  Forces  in  the  same  manner  that  you  determine  liy  your 
Vote  that  they  shall  be  employed,  so  that  ther«!  is  no  dilTerence  about  the  Service, 
the  only  <]uesfion  is,  who  shall  direct  and  lin)it  this  Service;  the  House  of  Repre- 
sentatives or  the  King's  Governor.  But  this  your  Charter  leaves  no  Room  to  make 
a  Question  of. 

T.  PowN'ALL."— 76/d.,  p.  240. 

"  Sinc«  our  letter  to  you  dated  the  8"»  of  December  17.'57,  We  have  received 
several  from  you  (a  Minute  of  the  Dates  of  whieh  is  hereunto  annexed)  containing 
a  detail  of  your  proceedings  in  the  administration  of  the  Government  entrusted  to 
your  care. 

•  ••**• 

The  Facts  resulting  from  an  examination  into  the  Acts  and  Proceedings  of  the 
Council  and  House  of  Representatives,  whi<'h  we  were  induced  to  enter  into  from 
j'our  representation  of  their  conduct  in  your  lettt-r  of  th(;  27'''  of  .lanry  last,  are 
sucli,  .as  convince  us  that  the  Dependciue  which  by  the  Constitution  the  Colony 
ought  to  have  upon  the  executive  part  of  the  Govemmtiut  of  the  Mother  Country 
and  the  Sovereignty  of  the  Crown  stands  upon  a  very  precarious  foot  and  that 
tinless  some  effectual  remedy  is  at  a  proper  time  ap[)lyed,  it  will  be  in  great  danger 
of  being  totally  set  aside. 

From  these  facts  it  af>pear3  that  almost  every  act  of  executive  and  legislative 
power,  whether  it  b<!  political,  judicial  or  military  is  ordere<l  and  direeted  liy  Votes 
and  Resolves  of  the  General  Court,  in  most  cjises  originating  in  th<>  House  of 
Representatives  to  which  all  Ajiplications,  Petitions  and  Rc^presentations  are 
addressed  and  where  the  Resolves  are  drawn  up  and  prepared,  and  the'  We  appre- 


96  Province  Laws.  — 1757-58.  [Notes.] 

hend  that  such  Resolves  are  insufficient  and  invalid,  without  the  concurrence  of  the 
Council  in  the  first  instance  and  ultimately  that  of  the  Governor,  yet  such  con- 
currence seems  to  be  rather  matter  of  form  in  proceeding  than  essential  and  that 
the  measure  whatever  it  be  derives  its  effect  and  operation  from  the  Judgment 
and  sense  of  the  House  of  Representatives. 

But  whether  that  be  so  or  not,  We  cannot  but  be  of  opinion  that  by  the  true 
principle  and  frame  of  the  Constitution,  as  founded  upon  the  Charter  and  upon 
His  Maj'y'^  Commission,  the  concurrence  of  the  Council  and  House  of  Representa- 
tives or  at  least  of  the  latter  is  not  only  unnecessary  but  improper  in  most  acts  of 
executive  power,  more  especially  in  what  concerns  military  services  and  judicial 
proceedings  in  Equity  and  Chancery,  the  exercise  of  which  powers  are  particu- 
larly provided  for  by  the  Charter. 

Upon  the  whole,  however  dangerous  and  prejudicial  as  these  proceedings  appear 
to  us.  We  are  doubtfuU  whether  it  would  be  adviseable  in  the  present  situation  of 
things  to  attempt  an  effectual  remedy  to  practices  concerning  which  long  usage  and 
indulgence  have  impressed  strong  prejudices  upon  the  minds  of  some  and  doubts 
upon  those  of  others,  which  whenever  the  times  will  admit  of  these  points  being 
clearly  and  impartially  debated  and  explained  will  easily  be  removed,  and  We  are 
perswaded  all  but  ill  designing  men  will  concur  in  their  endeavours  to  restore  the 
Constitution  to  its  true  principles,  by  which  alone  the  rights  and  liberties  of  His 
Majesties  subjects  and  the  welfare  and  interest  of  the  Mother  Country  and  of  its 
Coionys  can  be  effectually  secured."— Lords  of  Trade  to  Gov.  Pownall,  Nov.  22,  1758; 
''Mans.  Bail,  B.  T.,"  vol.  ho,  p.  5.,  in  Public-Record  Office. 

"  The  governor,  observing  that  his  predecessor  had  suffered  the  house  to  take  to 
themselves  some  share  of  that  military  authority,  which  the  charter  gives  to  the 
office  of  governor,  endeavoured  to  make  a  reform.  In  the  grants  of  money  for  the 
defence  of  the  province,  the  house,  with  whom  all  grants  must  originate,  in  several 
late  instances,  had  appropriated  the  money  granted,  to  the  payment  of  such  a 
number  of  men  as  should  be  posted  in  such  places,  or  employed  in  such  service, 
as  the  votes  of  the  house  expressed,  and  restrained  the  governor  and  council  from 
drawing  it  out  of  the  treasury  for  any  other  purpose.  Mr.  Shirley,  to  keep  the 
house  in  good  humour,  and  thereby  to  promote  liis  general  design,  had  submitted  to 
this  invasion.  Mr.  Pownall  for  some  days  suffered  a  grant,  made  in  this  form,  to 
lie  before  him;  and  endeavoured  to  prevail  on  the  house  to  depart  from  this  irreg- 
ularity; but  they  were  tenacious  of  it,  and  he  gave  his  assent,  protesting  against 
the  vote  as  a  breach  of  the  constitution.  No  notice  was  taken  of  this  in  England, 
where  there  was  no  disposition  to  contend  with  the  colonies,  nor  any  apprehension 
of  serious  consequences  from  the  advances  made  by  the  people  upon  the  preroga- 
tive."—//uic/iinsou's  Hist.  Mass.,  vol.  3,  j9.  GG. 

See  notes  to  act  of  1721,  vol.  II.,  p.  222,  ante;  and  note  to  1730,  chap.  3:  ibid.,  p. 
574. 

Chap.  7.  For  previous  action  of  the  General  Court  respecting  the  Acadians 
brought  into  this  province  see,  ante,  notes  to  1755-56,  chapters  23  and  35,  and 
1756-57,  chap.  9.    (Vol.  III.,  pp.  951,  958  and  1055.) 

"  June  1, 1757.  In  the  House  of  Representatives— Ordered  That  Colo  Williams, 
Colo  White,  Colo  Quincy,  M"-  Witt  &  CoRo  Worthington  witli  Such  as  the  honour- 
able Board  shall  join,  be  a  Committee  to  take  under  consideration  what  may  be 
proper  to  be  done  by  this  Court  with  regard  to  the  late  Inhabitants  of  Nova 
Scotia  now  here,  either  by  removing  them  out  of  the  Province,  or  otherwise  dis- 
posing of  them— &  report  thereon.  In  Council— Read  &  Concurred  and  John 
Osborne,  Benjamin  Lynde,  John  Erving,  William  Brattle  &  James  Bowdoin  Esq™ 
are  joined  in  the  Affair." — Council  Records,  vol.  XXII.,  p.  16. 

"  June  2,  1757.  A  Petition  of  Duncan  Campbell  Esq""  of  Oxford— Setting  forth 
that  in  January  175(5.  The  Selectmen  of  the  Town  of  Newton  bound  out  to  him 
five  Children  of  some  of  the  late  Inhabitants  of  Nova  Scotia,  that  their  Parents 
followed  them  to  Worcester  where  he  had  placed  them;  that  after  some  time  they 
all  went  away  &  left  him ;  &  That  He  has  been  at  considerable  expence  in  trans- 
porting them,  &  subsisting  them  and  praying  an  Allowance. 

In  the  House  of  Representatives— Read  and  Ordered  That  there  be  allowed  & 
paid  out  of  the  Public  Treasury  to  the  Petitioner  the  Sum  of  Forty-two  shillings 
&  three  pence  half  penny  in  full  discharge  of  the  Accounts  exhibited.  In  Council 
— Read  &  Concurred. 

Consented  to  by  a  Major  Part  of  the  Council." — Ibid.,  p.  19. 

"  June  4,  1757.  Advised  &  Consented  that  a  Warrant  be  made  out  to  the  Treas- 
urer to  pay  to  Samuel  Chipraan  the  sum  of  Twenty-two  Pounds  five  shillings  and 
a  penny  to  discharge  his  Acco*  of  Expences  in  conveying  a  number  of  the  late 
French  Inhabitants  of  Nova  Scotia  from  Salem  to  Sturbridge." — Executive  Records 
of  the  Council,  vol.  3,  p.  259. 

"June  14,  1757.  In  the  House  of  Representatives.  Ordered  That  M^  Humphry, 
Caleb  Cushing  Esq""  &  M""  Bradbury  be  of  the  Committee  appointed  to  consider 
what  may  be  proper  to  be  done  with  regard  to  the  French  Inhabitants  of  Nova 
Scotia  now  in  this  Province  in  the  room  of  Col"  White,  Colo  Quincy  and  M'  Witt 
who  are  absent.  In  Council— Read  and  Concurred  and  Ordered  That  Samuel  Watts 
&  Gamaliel  Bradford  Esqi's  be  appointed  in  the  room  of  Benjamin  Lynde  Esqf 
who  is  absent,  and  John  Chandler  Esq""  who  desires  to  be  excused. 

In  the  House  of  Representatives.  Read  and  Concurred." — Council  Records,  vol. 
XXII.,  p.  bi. 

"August  17,  1757.  In  the  House  of  Representatives.  Ordered  That  Judge 
Russell  Mr  Tyng,  ISI''  Gridley,  Capt"  Dalton  and  M--  Flucker  Avith  Such  as  the 
honourable  Board  shall  join' be  a  Coniittee  to  take  under  consideration  what  they 


[Notes.]  Province  Laws.  — 1757-58.  97 

judge  proper  to  be  done  with  regard  to  the  French  Inhabitants  of  Nova  Scotia  now 
in  this  Province,  and  Report.  In  Council.  Read  and  Concurred  and  Jolin  Osborne 
HtMiiainin  Lynde,  Samuel  Watts  and  Ezekiol  Clieever  Escirs  are  joined  in  the 
Ailair."— /6j</.,p.  74. 

"  Aug' 24,  1757.  The  Committee  appointed  to  take  under  consideration  what 
they  judge  i>roper  to  be  done  with  respect  of  the  French  Inhabitants  of  Nova  Scotia 
now  in  this  Province — Reported  their  opinion  that  such  anuinl)uruf  said  Inhabit- 
ants as  his  Excellency  the  Governor  sliall  judgi;  i>rni>('r  he  sent  to  Admiral  IIol- 
bourn  at  Hallifax;  &  the  remainder  of  said  Inliabitants  be  transported  to  Great 
Britain.    lu  Council.    Read  and  Sent  down."— /6((/.,  p.  «9. 

"August  25,  1757.  In  the  House  of  Representatives.  Ordered.  That  the  Com- 
mittee appointed  21  February  last  in  consequence  of  the  report  of  the  Comittee 
of  both  Houses  appointed  to  wait  on  his  Excellency  Gov  Lawrence  and  confer 
with  him  on  the  Charges  this  Province  has  Ijcen  at  in  supporting  the  P^ench  Inhab- 
itants sent  hither  by  the  Government  of  Nova  Scotia  be  directed  to  sit  forthwith 
and  prepare  tlie  Account^}  therein  referred  to,  and  report  as  soon  as  may  be.  In 
Council.    Read  and  Concurred." — Ibid.,  p.  92. 

'*  November  29,  1757.  In  Council.  Whereas  the  several  Committees  heretofore 
appointed  to  ascertain  the  charge— this  Government  have  been  at  in  supporting 
tlie  French  Inhabitants  of  Nova  Scotia  that  were  sent  to  tliis  Province,  have  made 
no  Rei)ort,  and  whereas  it  may  be  a  doubt  wliich  of  sajd  Committees  are  to  effect 
the  said  Imsiuess.  Voted  That  Samuel  Watts  and  William  Brattle  Esq"  with 
such  as  the  honourable  House  sliall  join  be  a  Committee  to  prepare  an  Account  of 
the  Whole  Charge  hitherto  arisen  by  any  way  or  means  on  account  of  the  French 
Inhabitants  aforesaid  within  this  Government.  And  that  they  sejierate  the  Charge 
that  has  accrued  on  account  of  those  who  came  hiifher  from  the  Southern  Govern- 
ments in  order  to  be  presented  to  Governor  Lawrence  for  payment  agreeable  to 
what  passed  between  his  Excellency  and  a  Committee  of  this  Court  in  February 
last;  And  that  the  Committee  now  appointed  take  an  Account  of  the  Effects 
brought  hitiier  by  the  French  Persons  last  mentioned,  and  require  an  account  like- 
wise of  the  Proceeds  of  any  such  effects,  which  have  been  disposed  of  by  any 
persons  within  the^jovernmtmt,  and  lay  the  same  before  the  Court.  And  that  the 
said  Committee  sit  forthwith.  In  the  House  of  Representatives  Read  and  Con- 
curred, and  M'' Flucker,  James  Russell  Esq^and  Mf  Hall  are  joined  iu  the  affair." 
—Ibid.,]).  124. 

"  December  2,  1757.  A  Petition  of  the  Selectmen  of  Sherburn  and  of  the  Com- 
mittee of  the  Parish  of  Natick— Praying  that  Nineteen  of  the  French  Inhabitants 
of  Nova  Scotia  which  have  been  sent  to  those  Places  may  be  removed  to  some  other 
Town  inasmuch  as  they  are  unable  to  find  them  employment  where  they  now  are. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Prayer  of  this  Peti- 
tion be  so  far  granted  as  that  one  Family  of  the  said  Inliabitants  of  Nova  Scotia 
mentioned  be  sent  to  the  Town  of  Southborough,  and  the  Selectmtm  of  said  Town 
are  hereby  directed  to  take  care  of  them  accordingly  viz'  the  Widow  Margaret 
Girdo,  and  her  Family  being  eight  in  number  and  that  the  others  remain  under 
the  care  of  the  Selectmen  of  the  Town  of  Sherburn  and  the  Committee  of  the  Pre- 
cinct of  Natick.    In  Council.    Read  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  130. 

Dec.  G,  1757.  "Advised  &  Consented  that  a  Warrant  be  made  out  to  the  Treas- 
urer to  pay  unto  the  Selectmen  of  Methuen  &  twenty  eight  other  Towns  the  sura 
of  Five  hundred  &  seventy  three  Pounds  Nine  shillings  &  seven  pence  (to  each  the 
sum  respectively  due)  to  discharge  their  Acco'  of  Supporting  the  late  French  Inhabit- 
ants of  Nova  Scotia,  sent  hither  by  order  of  the  Government  there,  agreeable  to 
the  Schedule  to  the  Warrant  Annext." — Executive  Records  of  the  Council,  vol.  ^,  p. 
307. 

"January  6,  1758.  A  Petition  of  Amos  Fuller  and  Others,  Selectmen  of  the 
Town  of  Needham — Setting  forth  That  there  were  five  of  the  Nova  Scotian  French 
People  placed  there  by  the  Government  in  175<)  instead  of  which  number  there 
were  twelve  sent  by  the  Sherriff  and  one  added  since,  and  as  their  Town  is  small, 
Praying  that  some  of  them  may  bo  removed  elsewhere. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Prayer  of  this  Peti- 
tion be  so  far  granted  a.s  that  the  Selectmen  of  Needham  have  liberty  to  remove 
seven  of  the  said  French  Persons  from  Needham  to  Stoughton;  And  that  the 
Selectmen  of  Stoughton  be  and  hereby  are  directed  to  receive  the  said  seven 
persons  so  removed  under  their  care.  And  whereas  there  are  already  three  of  the 
late  French  Inhabitants  of  Nova  Scotia  at  Stoughton  and  but  two  at  Wrentham;  It 
is  further  Ordered  That  the  Selectmen  of  Stoughton  on  receiving  the  said  seven 
Persons  liave  leave  to  remove  the  aforesaid  three  persons  to  Wrentham.  And  that 
the  Selectmen  of  Wrentham  be  and  hereby  are  directed  to  receive  the  same  under 
their  care.    In  Council.     Read  and  Concurred. 

Consented  to  by  the  Governor." — Connril  Records,  vol.  XXII.,  p.  196. 

"  January  10,  1758.  The  Petitions  of  Francis  Muis  a  Nova  Scotian  French  Person 
placed  at  Tewkesbury,  of  Lawrence  Muis  another  of  said  Fremh  Persons  nlaced  at 
Methuen  and  of  John  I^abradore  another  of  said  Fn-nch  Persons  placed  at  Wil- 
mington—respectively setting  forth  the  hartlships  and  sufferings  they  undergo  in 
their  present  Situation.  And  praying  Releif.  On  each  of  which  was  respectively 
entered  as  follows  viz'  In  (Council  Read  and  Ordered  That  James  Minot  Esq  with 
Such  ivs  th<!  lionourable  Housn  shall  join  b<!  a  Committee  to  consider  of  this  Petition 
and  report  what  they  judge  proper  to  be  done  in  the  Affair. 

In  the  House  of  Representatives  Read  and  Concurred  and  Col"  Choate  and  Col" 
Buckminster  are  joined  in  the  affair." — Ibid.,  p.  20.?. 

"  January  11,  1758.    In  the  House  of  Representatives.    Ordered  That  Capt°  Wil- 


98  Province  Laws.  — 1757-58.  [Notes.] 

liams  be  of  the  Committee  on  the  Petition  of  John  Labradore,  and  other  Petitions 
of  the  like  Import  in  the  room  of  Col"  Choat,  who  is  excused  from  that  Service  In 
Council.    Read  and  Concurred."— 76id.,  p.  208. 

January  12,  1758.  A  Petition  of  Charles  Muis  one  of  the  Nova  Scotian  French 
Persons,  living  with  M^  Nathauael  Ray  Thomas  of  Marshfeild  complaining  of  the 
want  of  suitable  Cloathing.  And  praying  Releif.  In  Council  Read  and  Ordered 
That  James  Minot  Esq  with  such  as  the  honourable  House  shall  join  be  a  Commit- 
tee to  consider  of  this  Petition  and  report  what  they  judge  proper  to  be  done  in  the 

In  the  House  of  Representatives.  Read  and  Concurred  and  Col"  Buckminster 
and  Capt"  Williams  are  joined  in  the  Affair."— 76hZ., p.  209. 

"  January  13,  1758.  The  Committee  appointed  the  10  Instant  on  the  Petitions  of 
Francis  Miiis  and  other  Nova  Scotian  French  Persons  having  made  report  thereon. 
In  Council.  Ordered.  That  the  Secretary  write  to  the  Selectmen  of  the  respective 
Towns  to  which  said  Petitioners  belong  the  substance  of  their  several  Complaints 
and  inform  that  the  Court  expect  that  they  conform  to  the  several  orders  of  Gov- 
ernment relative  to  their  Support,  and  that  they  take  effectual  care  that  they  be 
placed  in  such  Houses  as  may  defend  them  from  the  Inclemency  of  the  Season. 
In  the  House  of  Representatives.  Read  and  Concurred. 
Consented  to  by  the  Governor."— /&/d.,  p.  212. 

"  January  24, 1758.  In  Council  Ordered  That  the  Treasurer  deliver  to  the  Agents 
of  his  Excellency  Governor  Lawrence  in  this  Province  the  Accounts  of  the  Charge 
of  supporting  Jacques  Morris  and  Others  of  the  Company  which  came  hither  from 
the  Southern  Colonies,  which  Accounts  are  now  before  the  Court,  and  the  Treas- 
urer is  to  desire  Payment  thereof,  or  otherwise  to  desire  such  Agents  to  transmit 
such  Accounts  to  Governor  Lawrence  for  his  order  thereon  agreeable  to  the  assur- 
ances given  to  the  Province. 
In  the  House  of  Representatives  Read  and  Concurred. 
Consented  to  by  the  Governor."— /&/'fL,  p.  237. 

March  8,  1758.  "  To  the  Selectmen  of  Marblehead  the  sum  of  Sixty  two  Pounds 
ten  shillings  &  seven  pence  to  discharge  their  Acco'  of  Expence  in  Supporting  the 
late  French  Inhabitants  of  Nova  Scotia,  sent  hither  by  order  of  the  Government 
t\ieve."— Executive  Records  of  the  Council,  vol.  3,  p.  344. 

"  March  18, 1758.  The  Committee  appointed  to  consider  of  some  method  to  ease 
the  Province  of  the  Charge  of  supporting  the  late  French  Inhabitants  of  Nova 
Scotia  now  in  the  Province.    Reported  according  to  Order. 

In  the  House  of  Representatives  Read  and  Accepted  &  Voted  That  Dwelling 
Houses  be  provided  for  the  late  Inhabitants  of  Nova  Scotia  now  in  the  Province 
this  Year  as  heretofore;  That  the  Sick,  Infirm  and  Aged  who  cannot  labour  be 
maintained  at  the  Expence  of  this  Government  as  heretofore;  and  that  all  able 
bodied  Persons  be  obliged  after  the  15"»  day  of  Ai)ril  next  until  the  further  Order  of 
this  Court  to  maintain  themselves  and  Families.  And  that  the  Selectmen  of  the 
several  Towns  where  they  are,  upon,  their  desire  Assist  them  to  Employment,  and 
►  take  care  they  are  not  defrauded;  and  that  the  Members  of  the  House  be  directed 

to  inspect  the  Circumstances  of  Age,  Infirmity,  Sickness,  Orphanship,  and  Ability 
of  such  persons  in  their  respective  Towns,  and  the  Towns  next  adjoining  where 
there  is  no  Representative  and  report  to  this  Court  at  the  next  Sitting  In  Council. 
Read  and  Concurred . 

Consented  to  by  the  Governor." — Council  Records,  vol.  XXII.,  p.  279. 
"  March  20,  1758.     A  Petition  of  Duncau  Campbell  Esq  of  Oxford— Praying  an 
Allowance  for  transporting  from  Cambridge  a  number  of  the  French  Neutrals,  five 
of   whom  were  bound  to  him,  &  afterwards  removed  to  Dedham,  whereby  he  is 
deprived  of  their  Service. 

In  the  House  of  Representatives  Read  and  Resolved  That  there  be  allowed  and 
paid  out  of  the  Public  Treasury  to  the  Petitioner  the  Sum  of  Five  Pounds  nine 
shillings  and  four  pence  in  addition  to  the  former  Allowance  made  him;  and  in  full 
consideration  of  his  keeping  the  French  People  mentioned.  In  Council  Read  and 
Nonconcurred. 

A  Petition  of  Nathanael  Ray  Thomas  of  Marshfeild— Setting  forth  That  he  con- 
tracted with  a  number  of  the  French  Neutrals  to  enter  into  his  Service,  the  time 
whereof  was  afterwards  limited  by  the  Council  to  one  Year,  and  gave  Bond  to  the 
Province  Treasurer  accordingly.  That  they  are  grown  very  uneasy  and  insolent, 
and  praying  that  he  may  be  dischared  of  any  further  care  of  them,  and  that  his 
Bond  may  be  cancelled.  In  Council.  Read  together  with  the  Petition  of  the 
French  Persons  above  mentioned,  and  other  Papers  accompanying  the  same.  And 
Ordered  That  John  Cushing  Esq  with  Such  as  the  honourable  House  shall  join  be  a 
Committee  to  inquire  into  the  Affair,  and  report  what  they  judge  proper  for  this 
Court  to  do  therein. 

In  the  House  of  Representatives  Read  and  Concurred,  and  Col"  Quincy  and 
Joseph  Cushing  Esq  are  joined  in  the  Affair."— Ibid.,  p.  282. 

"  March  23,  1758.  In  Council  Voted  That  William  Brattle  and  James  Bowdoin 
Esqi's  with  Such  as  the  honourable  House  shall  join  be  a  Committee  to  wait  on  his 
Excellency  Governor  Lawrence  to  inquire  whether  he  hath  received  the  Account 
of  the  charge  incurred  by  this  Province  for  the  Support  of  the  French  Neutrals 
that  came  hither  from  the  Southern  Governments;  and  in  case  he  has  not  received 
them  to  furnish  him  therewith,  and  to  desire  his  Excellency  that  he  would  give 
orders  for  the  Reimbursment  of  said  Accounts. 

In  the  House  of  Representatives.  Read  and  Concurred,  and  Mr  Tyng,  Judge 
Russell,  and  Colo  Lawrence  are  joined  in  the  Affa,\T."—IMd.,p.  295. 

"  April  21,  1758.  A  Memorial  of  Thomas  Hutchinson  Esq— Setting  forth  That  in 
the  Year  1756  he  undertook  with  leave  of  the  Court  the  care  of  a  number  of  the 


[Notes.]  Province  Laws.  — 1757-58.  99 

French  late  Inhabitants  of  Nova  Scotia  and  lias  still  ten  of  thcni  under  his  care. 
That  by  enrouraging  them  to  labour  they  have  been  sujiportcnl  witlioiit  any  charge 
to  till!  i'rovinee,  except  sotue  small  expence  for  a  Doctor,  and  iIm;  Hire  of  a  House 
for  them  to  dwell  in,  whereliy  there  has  been  a  Saving  of  One  hundred  Pounds 
whiih  these  People  would  in  projiortion  to  the  rest  have  otherwise;  cost  for  their 
8upj)ort  That  he  is  still  willing  to  continue  his  care  of  them.  And  praying  that  for 
the  tinie  to  come  House  Kent,  not  exceeding  5J/4  4^  Annum  may  be  allowed,  or 
that  they  may  be  put  under  the  care  of  the  Selectmen. 

In  the  House  of  Kepresentatives  Read  and  Ordered  That  the  Prayer  of  this 
Memorial  be  granted;  And  that  there  be  allowed  and  paid  out  of  the  I'ublic  Treas- 
ury to  the  Memorialist  the  Sum  t)f  Two  Pounds  thirteen  shillings  and  four  pence 
Yearly  for  providing  the  French  People  mentioned  with  an  House  to  dwell  in  for 
the  future,  iluring  tlu;  time  he  shall  have  the  said  People  under  his  Care.  In  Ooua- 
cil.    Head  and  Concurred. 

Consented  to  bj-  the  Governor." — Ibid.,  p.  314. 

"  April  'Ja,  1758.     The  Committee  on  the  Petition  of  M'  Nathan'  Ray  Thomas  as  ' 

entered  tht;  L'U">  March  last  made  the  following  Report  viz* 

That  the  lioiul  which  said  M''  Thomas  gave  to  the  Province  Treasurer  to  indem- 
nify the  Province  and  also  the  Town  of  Plymouth  on  Account  of  Charles  Muis  and 
Family,  some  of  the  late  French  Inhabitants  of  Nova  Scotia  be  cancelled.  And. 
that  all  the  said  French  Persons  received  by  M^  Thomas  be  removed  to  the  Towq 
of  Ea.ston;  And  that  the  Selectmen  of  said  Town  receive  them  and  employ  or  Pro- 
vide for  them  agreeable  to  the  Order  of  this  Court. 

Sign'd  Samitet.  Watts  ^  Order. 

In  Council.  Read  and  Accepted,  and  Ordered  That  the  Province  Treasurer  can- 
cel the  Bond  of  the  Petitioner  M^  Nathanacl  Ray  Thomas.  And  that  the  Select- 
men of  the  Town  of  Easton  receive  and  employ,  or  jirovide  for  the  French  Persons 
now  with  M'' Thomas  agreeable  to  the  Order  of  this  Court  respecting  such. 

In  the  House  of  Representatives  Read  and  Concurred. 

Consented  to  by  the  Governor. 

In  Council  Voted— That  Ezekiel  Cheever  Esq  with  Such  as  the  Honourable  House 
shall  join  be  a  Committee  to  ilispose  of  the  Boats  now  lying  in  Charlstown;  iu 
which  some  French  People  came  to  this  Province  from  the  Southern  Governments, 
&  render  an  account  of  their  Doings  therein  as  soon  as  may  be.  And  that  Roland 
Cotton  Esq  be  directed  to  render  an  Account  of  what  he  has  done  respecting  those 
Boats  which  were  left  in  the  Town  of  Sandwich. 

In  the  House  of  Representatives.  Read  and  Concurred  and  James  Russell  Esq 
and  M''  Hall  are  joined  in  the  Affair." — Ibid.,  p.  ■■)27. 

"  April  L".),  IToS.  In  the  House  of  Representatives  Ordered  That  the  Selectmen  of 
the  Town  of  Leicester  be;,  and  they  hereby  are  allowed  to  remove  from  said  Towa 
to  the  Town  of  Brookfeild,  Jacques  Morris  with  eleven  of  his  Family,  part  of  the 
French  Neutrals  (so  called)  that  were  placed  there  by  order  of  the  General  Court 
in  the  year  175(i. 

And  that  the  Selectmen  of  Brookfeild  be,  and  they  hereby  are  required  to  receive 
the  said  French  Peojile  under  their  Care,  and  to  provide  for  them  in  the  same  man- 
ner as  is  directed  with  reganl  to  the  Inhabitants  of  Nova  Scotia  now  within  the 
Province.    In  Council.    Read  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  340. 

"June  1,  1758.  His  Excellency  Governor  Lawrence  has  remitted  to  the  Govern- 
ment Three  hundred  and  Ninety-four  Pounds  sixteen  shillings  and  eight  pence  half 
penny  as  a  Sum  due  from  the  Government  of  Nova  Scotia  on  account  of  the  French 
Exiles,  Subjects  of  that  Government  transported  hither. 

Gentlemen  of  the  House  of  Representatives. 

At  this  time  when  the  Province  is  under  so  many  unavoidable  and  necessary 
Burthens,  I  cannot  but  recommend  to  You  to  consider  how  far  the  Charge  which 
the  Government  incurs  on  Account  of  the  French  Exiles  in  this  Province  may  be 
avoided.  Let  the  helpless  Infant,  the  Aged,  the  Inlirm,  and  those  whose  Duty  it 
is  to  attend  upon  them  be  supjiorted  in  the  same  manner,  and  under  the  same  Ijaws 
as  our  own  People  are.  This  Price  of  Labour  will  well  support  the  Industrious  ia 
this  Country,  let  that  price  be  faithfully  secured  to  them;  then  let  those  who  are 
able  to  work  support  themselves  and  their  Families,  they  will  soon  cease  to  be  a 
burthen,  they  will  become  happy  and  protitable  Subjects. 

T.  Pownall." 
— Ertracti^  from  the  Governor's  speech  to  both  honses;  ibid.,  pp.  302  and  '.Mi'.i. 

"  June  2,  1758.  A  Petition  of  Jaques  Leblanc,  late  Inhabitant  of  Nova  Scotia 
now  residing  at  Braintree— Praying  that  his  Son  who  was  sent  to  Maryland  may  bo 
allowed  to  come  into  this  Province  antl  live  with  him,  he  procuring  good  Security 
to  ind(!mnify  the  Province'  from  any  (.'barge  that  may  ai'crue  tlmreby.  In  Council 
Read  and  Ordered  That  u[)on  Capt"  Benj"  Beales  giving  Security  to'the  Treasurer 
that  the  Petitioners  Son  shall  be  sup|)orted  in  case  of  his  Arrival  here  without  any 
charge  to  the  Province,  the  Prayer  of  the  Petition  be  .so  far  granted,  as  that  the 
Secretary  be  allowed  to  give  a  Certiticate  to  the  Ptititioner,  signifying  that  his  Son 
may  be  allowed  to  come  into  the  Province.  In  the  House  of  Representatives. 
Read  and  Concurred. 

Con.sented  to  by  the  Governor." — Ibid.,  p.  .Tfifi. 

"June  14,  17.58.  In  the  House  of  Representatives  Voted  That  Dwelling  Hou.ses 
be  provided  for  the  late  Inhabitants  of  Nova  Scotia  now  in  the  Province  this  Year 
as  heretofore;  that  the  Sick  Infirm  and  Age<l  who  cannot  labour  be  maintained  at 
the  Expenee  of  this  Government  as  heri^toforo,  and  that  all  able  bodied  Persons  be 
Obliged,  until  the  further  order  of  this  Court  to  maintain  themselves  and  Families, 


100  Province  Laws.  — 1757-58.  [Notes.] 

and  that  the  Selectmen  of  the  several  Towns  where  they  are,  upon  their  desire  assist 
them  to  Employment,  and  take  care  they  are  not  defrauded  and  that  the  Members 
of  the  House  be  directed  to  inspect  the  Circumstances  of  Age,  Infirmity,  Sickness, 
Orphanship  and  Ability  of  such  persons  in  their  respective  towns,  and  the  Towns 
next  adjoining,  where  there  is  no  Representative,  and  where  such  Return  has  not 
been  already  made,  and  report  to  this  Court  at  their  next  Sitting.  In  Council. 
Bead  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  395. 

"  June  15,  1758.  Such  of  the  late  Inhabitants  of  Nova  Scotia  as  have  been  sent  to 
this  Province  have  been  very  chargeable  to  Us.  They  were  transported  here  with- 
out our  Consent  or  knowledge  ;  Many  of  them  were  in  danger  of  perishing  aboard 
the  Vessells  in  which  they  came.  No  persons  here  were  authorized  by  the  Govern- 
ment of  Nova  Scotia  to  support  them  after  they  were  landed.  Humanity  therefore 
Obliged  this  Government  to  do  it.  Endeavours  have  been  used  ever  since  to  enable 
and  compel  them  to  support  themselves,  but  a  constant  charge  has  been  incurred 
notwithstanding.  We  will  continue  our  Endeavours  to  lessen  this  Charge,  and  We 
humbly  hope  that  when  the  burdens  whicli  the  Province  lies  under;  and  the  Ser- 
vices performed  by  it  are  considered,  regard  will  be  had  to  this  as  well  as  the  other 
Expences  which  have  arisen  from  his  Majesty's  General  Service." — Extract  from  an 
address  by  the  Council  and  House  of  Re^nesentatives,  to  the  Governor,  ibid.,  p.  400. 

*'  June  15,  1758.  A  Petition  of  Benjamin  Fenno  and  Others  Selectmen  of  Milton — 
Setting  forth  That  eighteen  of  the  late  French  Inhabitants  of  Nova  Scotia  have  been 
sent  to  that  Town,  which  they  apprehend  exceeds  their  proportion,  and  praying  for 
Keleif. 

In  the  House  of  Representatives,  Read  and  Ordered  That  the  Selectmen  of  Milton 
be,  and  they  hereby  are  allowed  at  the  charge  of  said  Town  to  remove  five  of  the 
French  People  now  there  to  the  Town  of  Wrentham,  and  the  Selectmen  of  the  said 
Town  of  Wrentham  are  hereby  directed  to  receive  the  said  French  People  and  to 
provide  for  them  as  is  directed  by  the  Orders  of  this  Court.  In  Council.  Read  and 
Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  405. 

Dec.  4, 1758.  His  Excellency  having  communicated  to  the  Board  an  Application 
which  he  yesterday  received  from  Joseph  Landrey  dated  Cape  Sables  September 
15, 1758  in  behalf  of  himself  and  about  Forty  French  Families  settled  there  praying 
that  they  may  be  quieted  in  their  Possessions,  as  they  are  willing  to  take  the  Oaths 
to  the  Government,  and  to  help  Maintain  the  War  against  the  French  Kiug,  or  if 
that  may  not  be  that  they  may  be  permitted  to  come  and  settle  in  this  Government; 
His  Excellency  also  acquainted  the  Board  that  he  had  communicated  the  same  to 
General  Amherst  who  was  willing  to  Transport  them  hither  at  the  Charge  of  the 
Crown. 

Advised  that  his  Excellency  send  a  Copy  of  said  Application  to  Governor  Law- 
rence, And  at  the  same  time  Advise  him  that  the  Council  could  not  be  of  Opinion 
to  receive  those  People  into  the  Province  even  although  they  should  be  indemnified 
as  to  all  Charge  that  might  arise  by  means  of  their  coming  hither." — Executive  Records 
of  the  Council,  vol.  3,  p.  443. 

'*  Jany  2,  1759.    In  Council Vincent,  one  of  the  French  Neutrals,  (so  called) 

with  his  Family  having  been  visited  with  mortal  Sickness  at  Groton,  and  near  one 
half  of  the  Family  dying,  the  remainder,  in  the  recess  of  the  Court,  removed  to  the 
Family  of  one  of  their  Relations  at  Milton,  and  his  Excellency  with  tlie  Advice  of 
the  Council  directed  the  Selectmen  of  Milton  to  take  the  necessary  care  of  said 

Family  until  the  Sitting  of  this  Court Ordered  That  Samuel  Watts  and  William 

Brattle  Esq^^  with  such  as  the  Honourable  House  shall  appoint,  be  a  Committee  to 
take  the  Circumstances  of  said  Family  into  consideration,  to  consider  of  a  proper 
jplace  for  tlieir  Residence  and  make  Report. 

In  the  House  of  Representatives.  Read  and  Concurred  and  M""  Stone,  M""  Jaza- 
niah  Tucker,  and  M''  Johnson  are  joined  in  the  Affair. 

A  Petition  of  Joseph  D'Autremont,  one  of  the  late  French  Inhabitants  of  Nova 
Scotia  —  Praying  that  He  with  his  aged  Father  and  Mother,  and  the  rest  of  the 
Family  now  at  Walpole  may  be  removed  to  Medfeild,  where  others  of  the  same 
Family  are  placed  in  order  to  their  Mutual  Ease  in  supporting  their  Family  in 
general,  and  of  their  said  Father  and  Mother  in  iiarticular;  and  that  a  Family  of 
the  same  Number  may  be  removed  from  Medfeild  to  Walpole.  In  Council.  Read 
and  Ordered  That  Samuel  Watts  and  William  Brattle  Esq"  with  such  as  the  Hon- 
ourable house  shall  join  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  and  Concurred  and  M""  Stone,  M^  Jaazaniah 
Tucker  and  M""  Johnson  are  joined  in  the  Affair." — Council  Records,  vol.  XXIL,p.  446. 

"  Jany  2,  1759.  A  Petition  of  Hammond  Tibido,  one  of  the  late  French  Inhabit- 
ants of  Nova  Scotia  placed  at  Dorchester  Praying  That  some  Releif  may  be  afforded 
him  and  his  Family,  they  being  unable  to  provide  themselves  with  Bedding  and 
other  things  necessary  for  their  Support.  In  Council  Read  and  Ordered  That  Sam- 
uel Watts  and  William  Brattle  Esq''^  with  such  as  the  honourable  House  shall  join 
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  and  Concurred  and  M'  Stone,  M'  Jaazaniah 
Tucker  and  M""  Johnson  are  joined  in  the  Affair." — Ibid.,  p.  447. 

"  Jany  4, 1759.  In  the  House  of  Representatives.  Ordered  That  the  Committee 
appointed  on  the  Petition  of  Joseph  D'Autremont  &<^  take  into  their  consideration 
some  proper  method  for  easing  the  Province  of  the  Charge  accruing  by  means  of  the 
French  Inhabitants  of  Nova  Scotia  now  here,  and  report.  In  Council.  Read  and 
Concurred."— /6icZ.,  29.  450. 


[Notes.]  Province  Laws.  — 1757-58.  101 

"  January  5,  1759.  In  the  House  of  Representatives  Resolved  That  there  be 
allowed  to  be  paid  out  of  the  Public  Treasury  to  Jacques  Morris  the  Sum  of  Seven 
pounds  eight  shillings  and  two  pence  being  the  nctt  proceeds  paid  by  Roland  Cot- 
ton Esq  into  the  Treasury  on  Sale  of  Certain  Canoes  in  which  tlie  8ai<l  Jacques 
Morris  and  Others  came  to  this  Province  from  some  of  his  Majesty's  Southern  Gov- 
ernments.    In  Council.     Mcail  and  Concurred. 

Consented  to  by  the  Governor."— /6/(/.,  /).  458. 

"  January  6,  1759.  The  Committee  on  the  Petition  of  Hammond  Tibido,  one  of 
the  French  Neutrals,  so  called,  as  i-ntered  the  li*i  Instaiir,  having  rcjjortcd  thereon. 
In  the  House  of  llcpresentatives.  Read  and  Accepted,  and  Ordered  That  the  Select- 
men of  Dorchester  be  directed  to  supply  the  Petitioner  with  Bed,  Bedding  and 
other  Necessaries  for  his  Family  accordingly.  In  Council.  Read  and  Concurred. 
Consented  to  by  the  Governor. 

The  Committee  on  the  Petition  of  Joseph  D'Autreniont  one  of  the  French  Neu- 
trals so  called,  as  entered  2  Instant  made  the  following  Report  viz' 

The  Committee  are  of  opinion  that  the  French  Family  within  mentioned  at  Med- 
feild  be  removed  to  Walpole,  the  same  being  agreeable  to  lx)th  Towns,  and  that 
the  five  remaining  French  Persons  in  Walpole  not  of  the  Family  of  the  Petitioner 
be  removed  to  Wrentham,  who  have  no  French  Neutrals  in  it. 
Sign'd  W.  Bkattle  ^  Order- 
In  Council,  Read  and  Accepted,  and  Ordered  That  the  said  French  People  be 
removed  accordingly. 

In  the  House  of  Representatives.    Read  and  Concurred." — Ibid.,  p.  460. 

"  January  10,  1759.  A  Petition  of  Francis  Mouse,  one  of  the  late  French  Inhabit- 
ants of  Nova  Scotia — Praying  that  He  and  his  Family  may  be  removed  from  Tewkes- 
bury, where  they  now  are  to  Salem  where  they  were  originally  placed  by  the 
Government.  In  Council.  The  Board  taking  into  consideration  the  difficulties  of 
finding  Employment  for  the  Petitioners  in  the  Town  of  Tewkesbury  Ordered  That 
they  be  removed  to  the  Town  of  Danvers,  and  the  Selectmen  of  said  Town  are  to 
receive  and  take  care  of  them  accordingly. 

Sent  down  for  Concurrence." — Ibid.,  p.  473. 

"January  11,  1759.  In  Council  The  Board  appreliending  it  of  great  importance 
for  the  Interest  of  the  Province  that  some  effectual  measures  should  be  forthwith 
taken  to  prevent  (as  far  as  may  be),  any  further  charge  from  the  French  late  Inhabit- 
ants of  Nova  Scotia  and  to  render  them  useful  Subjects  to  his  Majesty  Therefore 
Ordered  That  the  honourable  Thomas  Hutchinson,  Stephen  Sewall  and  William 
Brattle  Esq"  with  such  as  the  honourable  House  shall  apjwint  be  a  Committee  to 
take  this  Affair  under  Consideration;  and  the  Committee  are  to  sit  forthwith,  and 
to  report  as  soon  as  may  be:  And  it  is  an  Instruction  to  the  Committee  to  send  for 
divers  of  the  Principal  Men  of  said  Inhabitants,  hear  their  Proposals  in  order  to 
their  Accomodation  for  their  future  Support. 

In  the  House  of  Representatives  Read  and  Concurred  and  M""  Bacon,  M''  Tyng, 
Capt"  Livermore  and  Colo  Lawrence  are  joined  in  the  Affair."— /6id.,  p.  474. 

"  April  18,  1759.  A  Petition  of  Peter  Trahan  one  of  the  late  French  Inhabitants 
of  Nova  Scotia — Setting  forth  That  soon  after  his  Arrival  here  he  found  a  Silver 
Watch  in  the  Road  in  the  Town  of  Hanover  near  a  House  where  one  other  of  the 
said  French  People  lived,  and  that  he  left  it  with  the  woman  of  the  House,  as 
the  readiest  means  for  the  Owner  to  come  at  it,  and  the  Woman  acknowledges 
the  Receipt  of  it.  That  a  year  and  half  afterwards  Major  House  who  had  lost  a 
Watch  about  the  time  this  was  found,  and  hearing  the  Petitioner  had  taken  one  up 
applied  to  him,  who  related  the  whole  Affair  to  Major  House,  whereupon  he  sued 
the  Petitioner  and  put  him  into  Goal,  where  after  having  lain  four  days,  he  gavo 
Major  House  a  note  for  Fifty  iiounds  old  tenor,  rather  than  lie  and  perish  there, 
That  he  is  utterly  unable  to  pay  said  Sum,  and  praying  Relief.  In  Council.  Read 
and  Ordered  That  Samuel  White  Esq  make  inquiry  into  the  Facts  set  forth  in  the 
within  Petition  and  make  report  at  the  next  May  Session. 

In  the  House  of  Representatives.    Read  and  Concurred 

Consented  to  by  the  Governor." — Ibid.,  p.  ()67. 

"April  18,  1759.  The  Committee  appointed  to  consider  the  Circumstances  of  the 
Frencli  people  sent  hither  from  Nova  Scotia  made  the  following  Report  viz' 

That  no  Accounts  be  allowed  for  any  Charges  contracted  or  arising  after  the  first 
day  of  May  next  ui>on  the  French  late  Inhabitants  of  Nova  Scotia,  saving  only  for 
the  necessary  Support  of  such  aged  and  infirm  persons  as  are  not  capable  of  Labour 
themselves,  and  nave  Relations  not  able  to  maintain  them,  saving  also  the  Rent  of 
a  house  for  each  Family  not  exceeding  Three  pounds  ^  annum. 

That  the  Selectmen  of  the  several  Towns  where  any  French  Families  are  placed, 
notify  the  head  of  each  Family  that  unless  they  will  undertake  to  support  the  Chil- 
dren in  it,  and  shall  a<tually  provide  for  their  Support,  all  such  Children  must  be 
bound  out  to  Service.  And  the  Committee  are  of  opinion  that  upon  Neglect  of  such 
Support  all  such  Children  without  further  delay  be  bound  out  accordingly. 

Tlie  Committee  are  furtlier  of  Opinion  That  any  of  the  French  families  who 
shall  desire  to  remove  from  the  Towns  where  they  are  placed  to  anv  other  Towns 
In  the  Province  in  order  to  procure  Labour  or  Employment  for  their  oetter  Support, 
be  at  liberty  so  to  do,  first  obtaining  a  Certificate  from  the  Selectmen  where  they 
now  are  of  the  number  of  Persons,  their  Names  and  ages  in  such  Family,  to  be  pro- 
duced to  the  Selectmen  of  the  Town  to  which  they  remove,  that  in  case  any  of  them 
shall  fall  sick  in  such  Town,  an<l  shall  be  unable  to  bear  the  charge  of  it,  they  be 
sent  back  to  the  Town  from  whence  they  came;  the  expence  attending  the  same  to 
be  a^lvanced  by  the  Selectmen  of  such  Town,  and  that  they  be  Also  at  lil)erty 
to  return  to  such  Town,  when  they  desire  it,  but  that  no  accounts  of  charge  be 


102  Pbovince  Laws.  — 1757-58.  [Notes.] 

allowed  except  only  from  the  Selectmen  of  those  Towns  where  they  are  placed  by 
order  of  the  General  Court — Which  is  submitted  in  the  name  of  the  Committee 

(Signed)  T.  Hutchinson. 

In  Council.  Read  and  Ordered  That  the  foregoing  Report  be  accepted,  and  that 
the  Selectmen  of  the  several  Towns  be,  and  hereby  are  directed  to  confornx  them- 
selves accordingly. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  consideration  of 
this  Report  and  Vote  be  referred  'till  the  next  May  Session." — Ibid.,  p.  668. 

"  June  9, 1759.  A  Petition  of  Charles  Meuse  one  of  the  late  French  Inhabitants 
of  Nova  Scotia— Setting  forth  That  he  is  placed  at  Easton  is  60  years  old  and  very 
infirm,  has  with  him  only  his  Wife,  and  a  little  daughter,  that  they  receive  from  the 
Selectmen  only  three  Pints  of  Skim  milk  a  day,  and  are  in  danger  of  Suffiing,  and 
Praying  Releif. 

In  the  House  of  Representatives.  Read  and  ordered  That  the  Selectmen  of  the 
Town  of  Easton  provide  for  the  Family  within  mentioned  agreeable  to  the  Order 
of  this  Court  for  providing  for  the  French  Neutrals 

In  Council.    Read  and  Concurred 

Consented  to  by  the  Governor." — Ihid.,  vol.  XXIII.,  p.  39. 

"  October  6,  1759.  In  Council.  His  Excellency  having  acquainted  the  Board, 
that  he  hath  received  Information  from  Major  General  AVolfe,  that  there  is  a  corre- 
spondence carried  on  between  some  of  the  late  French  Inhabitants  of  Nova  Scotia 
now  in  this  Province,  and  the  French  in  Canada,  and  that  some  of  said  Nova 
Scotians  have  deserted  the  Province  and  got  to  Canada.  Ordered  that  the  Select- 
men of  the  several  Towns  where  any  of  said  People  have  been  placed  strictly 
observe  their  behaviour;  And  that  they  return  as  soon  as  possible  into  the  Secre- 
tary's Office  perfect  Lists  of  all  such  French  People  as  are  now  in  their  respective 
Towns,  and  also  of  such  as  they  have  any  reason  to  think  have  removed  out  of  the 
Province,  or  have  any  way's  absented  themselves  from  the  Towns  where  they  have 
been  placed  by  the  Government.  In  the  House  of  Representatives  Read  and  Con- 
curred 

Consented  to  by  the  Governor." — Ihid.,  p.  70. 

"  October  19, 1759.  The  Committee  appointed  the  17*11  instant  to  take  under  con- 
sideration the  State  of  the  French  Neutrals  residing  within  this  Province  having 
made  Report.  In  Council.  Read  and  Not  accepted.  And  Ordered  That  the  Select- 
men of  the  several  Towns  where  there  are  any  of  the  late  French  Inhabitants  of 
Nova  Scotia,  now  residing,  do  within  thirty  days  return  into  the  Secretary's  Office 
upon  Oath  perfect  Lists  of  the  Names,  Ages  and  Circumstances  of  all  Such,  and  of 
their  capacity  for  labour  according  to  their  best  Judgment:  And  that  if  the  Select- 
men of  any  such  Towns  shall  neglect  to  return  Lists  as  aforesaid,  no  accounts  of 
charge  which  they  shall  hereafter  bring  on  Account  of  such  French  People  shall  be 
allowed.  And  further  Ordered  That  this  resolution  be  published  in  the  several 
Boston  News  Papers,  and  that  it  be  likewise  printed  seperately,  and  Copies  thereof 
delivered  to  the  several  Members  of  the  General  Court. 

In  the  House  of  Representatives.  Read  and  Concurred.  Consented  to  by  the 
Governor." — Ibid.,  p.  110. 

"Nov.  3,  1759.  To  Doct^  Ezekiel  Hersey  the  sum  of  One  Pound  nine  shillings  to 
discharge  his  Acco'  of  Medicines  and  Attendance  for  the  late  French  Inhabitants  of 
Nova  Scotia  (sent  hither  by  order  of  the  Government  there)  placed  at  Hingham."— 
Executive  Records  of  the  Council,  vol.  4,  p.  130. 

"January  25,  1760.  The  Secretary  by  Order  of  his  Excellency  the  Governor 
delivered  the  following  Message  to  the  two  Houses  respectively  viz' 

Gentlemen  of  the  Council  &  House  of  Representatives  Sensible  of  the  very  heavy 
and  ill  regulated  Expence  which  the  Province  is  at  in  maintaining  the  French 
Inhabitants  exiled  from  Nova  Scotia  and  sent  as  such  into  this  Province,  and  of 
which  Expence  there  seems  no  end — I  have  taken  the  the  pains  to  make  a  particular 
Examen  of  the  state  and  circumstances  of  this  matter,  which  I  lay  before  you  and 
recommend  to  your  serious  consideration. 

You  will  see  that  the  total  number -is  1017 

Of  which  there  is  able  to  Labour 394 

Incapable  of  Labour  by  reason  of  old  Age  60,  years  old  &  upwards 61 

Incapable  of  Labour  by  Sickness  &" —    107 

Children  under  7  years  old ^ 240 

Children  capable  of  being  put  out  from  7  to  14  years  old 187 

Employed  in  attending  and  nursing  the  Sick  and  Infants 28  is  1017 

Upon  this  Vein  I  cannot  recommend  to  you  any  thing  better  than  what  I  did  in 
my  Speech  to  the  Great  and  General  Court  on  the  first  day  of  June  1758.  '  Let  the 
•  helpless  Infant  the  Aged  the  Infirm  and  those  whose  duty  it  is  to  attend  upon  them 
'  be  supported  in  the  same  manner  and  under  the  same  Laws  as  our  own  People 
•are.  The  Price  of  Labour  will  well  support  the  Industrious  in  this  Country,  let 
'that  price  be  faithfully  secured  to  them,  then  let  those  who  are  able  to  work 
'  support  themselves  and  their  Families,  they  will  soon  cease  to  be  a  burthen ;  they 
'  will  become  happy  and  profitable  Subjects  ' 

T:  POWNALL. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Committee  of  both 
Houses  appointed  to  consider  the  State  of  the  French  Neutrals  take  this  Message 
under  consideration  and  make  report.  ^^^^^^r-        ^^^ 

In  Council.    Read  and  Concurred."— Com?ict7  Records,  vol.  XXIII.,  p.  210. 

"Jan.  29,  1760.  Advised  and  Consented  that  a  Warrant  be  made  out  to  tho 
Treasurer  to  pay  unto  the  Selectmen  of  the  Town  of  Boxford  and  fifteen  other 
Towns  the  sum  of  four  hundred  and  Seventy  eight  pounds  two  shillings  and  nine 


[Notes.] 


Province  Laws.  — 1757-58. 


103 


pence,  to  each  the  sum  respectively  clue  to  discharge  their  Accompts  of  Expence  on 
the  late  French  Inhabitants  of  Nova  Scotia  agreeable  to  the  Schedule  to  the 
Warrant  annexed." — Executive  Records  of  the  Counetl,  vol.  4.,  p.  1G3. 

"  February  7,  17(30.  la  the  House  of  Keprcsentatives  Whereas  an  Order  issued 
from  the  Great  and  General  Court  the  19">  of  October  last  to  the  Selectmen  of  those 
Towns  where  any  French  neutrals  were  then  residing  enjoyning  them  in  thirty  days 
to  return  into  the  Secretarys  Office  upon  Oath  perfe(;t  Lists  of  the  Names  Ages  &c  : 
of  all  such  and  of  their  Capacity  for  labour  according  to  their  best  Judgment  And 
it  was  Resolved  thereupon,  that  if  the  Selectmen  of  any  such  Towns  should  neglect 
to  return  Lists  as  aforesaid,  no  Account  of  Charges  which  they  might  bring  in  on 
Account  of  such  French  People  should  be  allowed. 

And  Whereas  it  Appears  tiiat  Notwithstanding  the  due  Attention  of  the  Select- 
men of  some  of  the  said  Towns  to  the  said  Order  of  Court  some  lleturns  have  not 
been  brought  in  by  reason  of  Accident  within  the  time  limited. 

Therefore  Voted  That  such  Selectmen  have  still  leave  until  the  eleventh  day  of 
February  Current  to  make  their  Returns  and  their  Towns  bo  intitled  to  the  same 
benefits  as  if  they  had  l)een  given  in  by  the  time  lltnited  in  the  former  Resolve,  the 
above  Order  of  Court  notwithstanding 
In  Council  Read  and  Concurred 
Consented  to  by  the  Governor." — Council  Records,  vol.  XXIII.,  p.  254. 

"  April  19,  1700.  The  report  of  tlie  Committee  on  the  Affair  of  the  French  Exiles 
from  Nova  Scotia,  having  l)een  Yesterday  read  in  Council  aud  sent  down. 

In  the  House  of  Representatives  Read  and  Accepted  and  thereupon  resolved, 
That  in  order  to  prevent  the  extraordinary  expence  which  this  Province  have  beea 
and  still  are  at  in  sujiporting  the  French  People  late  Inhabitants  of  Nova  Scotia 
ever  since  their  Arrival  they  b<^  divided  and  proportioned  to  the  several  Counties  in 
the  Province  according  to  what  each  County  pays  to  the  Province  Tax,  special 
Regard  being  had  to  tiie  Ages  and  circumstances  of  the  Persons  as  well  as  their 
numbers  so  as  that  no  one  County  may  be  more  burthened  than  another,  their 
ability  being  considered,  and  that  a  Committee  be  forthwith  apiwinted  by  this  Court 
to  make  the  proportion  aforesaid. 

And  it  is  further  Resolved  that  when  tlie  division  aforesaid  is  made,  each  Countys 
Proportion  of  said  French  People  be  Subdivided  to  the  several  Towns  and  Districts 
in  the  respective  Counties  according  to  the  rule  aforesaid.  And  that  a  Committee 
be  appointed  of  the  Memliers  of  this  Court  in  each  County  or  such  others  as  this 
Court  shall  appoint  to  make  the  proportion,  and  that  the  Removal  of  the  said 
French  People  be  made  by  order  of  said  Committee  at  the  Charge  of  the  Province. 
And  that  said  French  People  so  removed  be  under  the  care  and  charge  of  the  Select- 
men of  the  several  Towns  and  Districts  and  be  Subjected  to  the  Laws  of  this  Prov- 
ince relating  to  the  Poor 

In  Council  Read  and  Concurred 

Consented  to  by  the  Governor." — Ibid.,  p.  339. 

"  April  26,  1760.  The  Committee  appointed  the  23^  Instant  to  divide  and  propor- 
tion the  late  French  Inhabitants  of  Nova  Scotia  to  and  Among  the  Several  Counties 
in  the  Province  made  the  following  Report  viz'  That  the  Number  of  the  French 
Exiles  now  in  the  Several  Counties  of  this  Province  and  the  Proportion  of  them  to 
the  several  Counties  according  to  the  Rule  prescribed  is  contained  in  the  Annexed 
return,  and  that  they  be  disposed  of  accordingly. 


Now  in  ye  Cotinty. 

Just 
Propor- 
tion. 

Over. 

Under. 

Now  In  ye  County. 

Just 
Propor- 
tion. 

Over. 

Under. 

Bnffolk     .       .    201 
Essex       .        .    227 
Middlesex        .    274 
nani|)Kblro 
Worcester        .     135 
Plymouth         .    136 
Barnstable       .      14 

284 
208 
151 
67 
93 
89 
40 

19 
123 

42 
47 

83 
67 
26 

Bristol     .       .    61 
York        .        .    21 
Dukes  County, 
Nantucket       .    36 

85 
61 
11 

16 

20 

24 
40 
11 

1,105 

1,105 

251 

251 

In  Conncil  Read  and  Accepted. 

In  the  House  of  Representatives  Read  and  Concurred  and  for  the  Services  above 
mentioned  the  following  ( Icntlcincn  arc  chosen  Committees  for  the  Several  Counties. 
The  Charge  to  be  boriit!  as  this  Court  shall  order  viz' 

For  the  County  of  Suffolk.  M' Tyler,  Cap'  iluuiphrys,  Cant  Metcalf ; 

For  the  County  of  Essex,  M'  Iligginson,  Major  Cushing,  M^  Phillips; 

For  the  County  of  Middlesex,  yt'  Russell,  Cap'  Livermore,  Col"  Prescot; 

For  the  County  of  Hampshire,  Col"  Partridge,  M''  Hawley,  M^  Enos  Nash; 

For  the  County  of  Worcester,  Col"  Ward,  Cap'  Richardson,  M^  Davis; 

For  the  County  of  Plymouth,  Col"  Clap,  Col"  Watson,  Cap'  Howard; 

For  the  County  of  Barnstable,  Col"  Cotton.  Caji'  Bacon,  M'  Stone; 

For  the  County  of  Bristol,  Col"  White,  Caji'  Akin,  M'  Walker; 

For  the  County  of  York,  Nath'  Donnel  Esq^  M'  John  Lord  jun', 

Mf  John  Wheelwright,  Jeremiah  Powell  Esq'; 

For  Dukes  County,  Col"  Newman,  M'  Nath*  Hancock,  M'  Matthew  Mayhew; 

For  Nantticket  County,  M'  Folger,  Can'  Obed  Hussey,  M'  Richard  Coffin; 

In  Council  Read  and  Concurred  aud  the  following  Gentlemen  are  joined  viz' — 


104  Pkovince  Laws.  — 1757-58.  [Notes.] 

For  Suffolk,  Samuel  "Watts  and  Benjamin  Lincoln  Esq™; 

For  Essex,  Benjamin  Lynde  and  Ichabod  Plaistead  Esq"; 

For  Middlesex,  Samuel  Danforth  and  William  Brattle  Esq"";' 

For  HampsMre,  John  Worthington  Esq""; 

For  Worcester,  John  Chandler  Esq""; 

For  Plymouth,  Gamaliel  Bradford  Esq""; 

For  Barnstable,  Silvanus  Bourn  Esq""; 

For  Bristol,  George  Leonard  Esq""; 

For  York,  John  Hill  and  Richard  Cutt  Esq"; 

For  Dukes  County,  M^  John  Sumner; 

For  Nantucket,  Josiah  Coffin  Esq'; 

Consented  to  by  the  Governor." — Ibid.,  p.  374. 

"  June  5, 1760.  In  Council,  Whereas,  Since  the  Resolve  of  the  Court,  of  April  the 
19'li  last  for  preventing  the  extraordinary  expence  which  this  Province  have  been  at 
for  supporting  the  Fi'euch  People  late  Inhabitants  of  Nova  Scotia.  It  appears  that 
many  of  said  Inhabitants  are  desirous  of  continuing  in  the  Places  where  they  now, 
are,  and  some  of  them  being  in  Places  whereunto  they  are  not  destined  with  an 
Assurance  that  they  will  support  themselves,  and  Families  without  any  Expenco 
either  to  the  Province,  or  any  particular  Town,  Voted  That  such  of  said  Inhabitants 
as  are  so  disposed  have  Liberty  to  be  in  any  Towns  within  this  Province  provided 
they  maintain  themselves  and  Families,  and  neither  the  Province,  or  any  particular 
Town  be  at  any  Charge  for  their  Support,  Provided  Nevertheless,  if  any  such  should 
by  Sickness  or  other  unavoidable  Accident,  become  Chargeable,  such  Charge  shall 
be  borne  by  the  particular  Town  whereunto  they  were  or  shall  be  destined,  by  the 
respective  Committees  of  this  Court  specially  appointed  for  that  purpose. 
Sent  down  for  Concurrence." — Ibid.,  p.  40!t. 

"  Sept.  6, 1762.  Cap^  Brooks  who  has  the  direction  of  the  Transports  with  French 
Neutrals  presented  a  list  of  Men,  Women  and  Children  amounting  to  46  Persons 
who  are  Sick. 

Advised  That  his  Excellency  permit  the  said  French  Netitrals  to  go  on  Shore  at 
Point  Shirley,  with  the  approbation  of  the  Selectmen  of  Chelsea  or  one  of  them, 
there  to  remain  until  further  order. 

The  Governor  laid  before  the  Council  an  extract  of  General  Amhersts  letter  con- 
cerning the  Accadians  lately  arrived  from  Nova  Scotia  and  desired  their  Advice  on 
the  Subject  thereof. 

The  Council  was  Unanimously  of  opinion  that  as  the  Assembly  is  to  meet  next 
Wednesday  It  would  be  proper  to  refer  the  consideration  of  this  Business  to  the 
General  Court,  And  that  as  this  Province  has  already  been  at  great  expence  in  pro- 
viding for  Acadians  heretofore  sent  to  it  to  the  amount  of  £6000.  Sterls  which  has 
never  been  repaid,  and  the  Memory  of  this  Expence  is  fresh.  It  would  greatly  facili- 
tate the  Assembly's  coming  into  proper  measures  for  the  taking  care  of  these  People, 
until  they  can  be  returned,  if  the  Governor  could  lay  before  them  an  assurance 
from  General  Amherst,  that  a  Commissary  will  be  appointed  to  pay  all  charges,  or 
if  the  Province  is  desired  to  undertake  it,  that  it  will  be  reimbursed.  And  it  is  aj)- 
prehended  that  without  some  such  assurance  this  Business  will  meet  with  great 
difficulties."— Zxec?/<2we  Records  of  the  Council,  vol.  5,  p.  173. 

"  Sometime  ago  a  number  of  Transports  having  on  board  more  than  Six  hundred 
French  Acadians  came  into  this  Port;  and  with  them  came  a  Letter  from  Lieuten- 
ant Governor  Belcher  to  me,  shewing  the  necessity  he  was  under  to  remove  these 
French  from  his  Province  in  the  present  dangerous  situation  of  it;  and  desiring 
that  they  might  remain  on  board  the  Transports  in  this  Harbour  until  General 
Amhersts  pleasure  should  be  known. 

That  the  Lieutenant  Governor  of  Nova  Scotia  was  quite  oblig'd  by  the  Imminent 
danger  which  threatned  that  Province  by  the  French  gaining  a  strong  Post  in  the 
neighbourhood  of  it,  to  remove  those  People  from  out  of  it. 

*  ♦  ^  *  *  * 

That  common  humanity  requires  that  these  People  most  of  whom  are  quite 
blameless,  and  all  of  which  whatever  their  expectations  may  make  them  now,  will 

Erobably  after  the  conclusion  of  a  Peace,  become  good  British  Subjects  should  not 
e  driven  from  Port  to  Port  at  the  approach  of  the  severe  Season  of  the  Year. 
Upon  these  considerations,  I  must  recommend  to  You  to  provide  a  temporary 
Settlement  for  these  People,  leaving  to  You  to  determine  in  what  manner  and  by 
what  means  it  can  be  most  conveniently  done."— Extract  from  Gov.  Bernard's  speech 
to  both  Homes,  Sept.  16,  1762,  Cotincil  Records,  vol.  XXIV.,  p.  474. 

"  Aug.  17, 1763,  Advised  That  the  Secretary  cause  the  Accounts  to  be  drawn  out 
for  the  Support  of  the  French  Accadians  removed  from  Nova  Scotia  at  the  opening 
of  the  War,  and  that  it  be  transmitted  to  the  Agent  properly  Authenticated,  that 
he  may  sollicit  a  reimbursment  of  the  charge. 

And  That  the  Secretary  and  M''  Bowdoin  prepare  the  draft  of  a  Letter  to  the 
Agent  on  the  Subject." — Executive  Records  of  the  Council,  vol.  5,  p.  271. 

"  Aug.  24,  1763.  His  Excellency  ha'\ang  laid  before  the  Board  an  Application 
from  a  Number  of  the  French  Accadians  for  a  Passport  for  about  90  persons  in  the 
whole  to  go  to  the  Island  of  S'  Peters  lately  ceded  to  France.  The  Board  having 
taken  the  same  under  consideration  were  of  Opinion,  that  it  was  not  expedient  at 
this  time  for  his  Excellency  to  Grant  Passports  to  any  of  those  People  to  leave  the 
Province,  and  that  it  would  be  adviseable  not  to  do  any  Public  Act  concerning 
them,  untill  Orders  shall  be  received  from  England,  in  what  manner  they  are  to  be 
treated  and  how  to  be  disposed  of. 

Draft  of  a  Letter  to  the  Agent  accompanying  Account  of  the  French  Accadians 
Advised  to."— Ibid.,  p.  272. 


[Notes.]  Phovince  Laws.  — 1757-58.  105 


I 


"Jan.  18,  1704.  Tho  Socrptary  went  down  to  the  ITonsc  of  Representatives  with 
the  following  Message  from  liis  Excelloncy  tin-  fJovcmor  viz' 

Cientk'incn  of  the  House  of  llciircsi'ntativos. 

I  hereby  lay  before  you  a  translation  of  a  I'etition  delivered  to  me  by  the 
Acadians.'ealled  Freneh  Neutrals,  now  residing  at  Boston.  The  Ca.se  of  these  peo- 
le  is  truly  deplorable:  They  have  none  of  them  had  the  Small  Pox,  and  they 
epend  upon  their  daily  labour  for  their  Bread.  If  tln'v  don't  go  about  tho  Town 
to  work,  they  must  starve  if  they  do  go  about  they  nnist  eontraet  the  distemper, 
and  as  they  are  erotuled  in  small  Apartments,  and  wantiug  the  ne(>essaries  of  I^ife 
they  wont  have  a  common  Chanee  to  eseapo  i)erishiuf;.  I  Juive.  in  Council  advLsed 
with  the  Selectmen,  who  have  consulted  tlu;  Overseers  of  the  Poor,  and  tlu-y  are  of 
Opinion  that  they  liavo  not  a  power  to  relieve  them.  I  am  therefore  oblifrcd  to  apply 
to  you  to  help  to  save  these  People.  If  you  will  furnish  them  with  Provisions,  I 
wifl  order  them  into  tho  Barracks  of  the  Castle:  and  as  soon  as  they  have  been 
there  lonji  enough  to  ajipear  to  he  free  from  the  Distemper,  they  will  get  admisioa 
into  other  Towns  and  find  Work  which  at  present,  as  is  apprehended  would  be  im- 
practicable. 

FuA  Bernard." — Council  Recordx,  vol.  XXV.,  p.  131. 

"  January  18, 17G4.  In  the  House  of  Representatives.  In  answer  to  his  Excel- 
lency's Mes.sago  of  this  day  relating  to  tho  Acadians.  Resolved  that  his  Excellency 
be  desire<l  to  order  all  the  Acadians  now  residing  in  Boston  to  l)e  removed  to  the 
Barracks  at  the  Castle,  and  that  they  l)e  there  Subsisted  until  the  fifteenth  day  of 
Feby  next,  and  the  charge  thereof  to  be  borne  as  this  Court  shall  hereafter  Order. 
In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— 7  6(c/.,  p.  13i. 

"  Dec.  19,  1704.  His  Excellency  the  Governor  having  communicated  to  the  Board 
an  application  he  had  received  from  some  of  tlic  Frencli  Acadians  who  had  come  to 
Boston  in  order  to  take  passage  for  some  of  tho  French  Islands,  and  are  now  desti- 
tute of  all  means  of  Support. 

Advised  That  his  Excellency  recommend  to  the  Overseers  of  the  Poor  of  the 
Town  of  Boston  to  make  particular  Inquiry  into  tho  Circumstances  of  those  People, 
and  to  take  an  account  what  Towns  they  came  from,  aiul  the  Numbers  from  each 
Town,  and  that  a  Sum  not  exceeding  £25  be  advanced  to  the  Overseers  for  their 
present  Support  and  that  they  be  desired  to  devise  means  for  putting  an  end  to  this 
Charge  liy  returning  them  to  their  respective  Towns  if  possible  and  to  prevent  any 
more  of  them  from  coming  in;  and  to  lay  some  State  of  the  Affair  before  his  Excel- 
le"ncy  and  the  Board  on  Wednesday  next. 

Advised  and  Consented  That  a  Warrant  be  made  out  to  the  Treasurer  to  pay 
unto  the  Overseers  of  tho  Poor  of  the  Town  of  Boston  the  sum  of  Twenty-live 
pounds  to  enable  them  to  support  a  number  of  French  Acadians  now  residing  in 
Boston  under  necessitous  Circumstances." — Executive  Records  of  the  Council,  vol.  5, 

p.  :ur,. 

"  Jan.  2:»,  IHV).  His  Excellency  having  acquainted  the  Board  that  he  had  received 
fresh  Application  from  .some  of  the  French  Acadians  now  in  Boston  for  relief  under 
their  present  distressed  Circumstances  which  his  Excellency  intended  to  lay  before 
the  House  to-morrow,  but  that  their  Circumstances  require  immediate  Relief. 

Advised  That  the  Overseers  of  the  Poor  of  the  Town  of  Boston  be  desired  to  con- 
tinue their  Care  and  provide  things  necessary  for  their  Support  until  tho  House  of 
Representatives  sliall  take  some  Order  in  tlic  Affair." — Ibid.,  p.  351. 

"  Jan.  il,  1705.  The  Secretary  delivered  the  following  Message  from  his  Excel- 
lency the  Governor  to  tlie  two  Houses  respectively  viz' — 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representatives. 
About  three  Months  ago,  I  was  first  informtid  th.it  tlie  Acadians  belonging  to  this 
Province  were  going  hence  in  large  Numbers  to  form  a  Settlement  in  French  His- 
paniola.  As  I  hav(!  all  along  considered  these  people  to  be  British  subjects,  and 
nave  some  tinu-  ago  suiunitted  their  case  to  his  Majesty's  Ministers  of  State,  and 
prayed  tht.'ir  directions  concerning  them  I  could  not  suffer  these  Emigrations  to  be 
carried  on  under  my  Eye,  until  I  had  receiveil  Onlers  therefor  from  home.  I  there- 
fore with  the  Atlvice  of  the  Council  issued  a  proclamation  to  jirevent  these  trans- 
portations. Sine(!  which  I  have  received  several  Petitions  froui  them  complaining 
of  tlu!  want  of  subsistence  here.  With  the  Advice  of  the  Council,  I  procured  them 
some  relief  for  tlie  i>resent  until  the  General  Court  met:  I  now  lay  before  you  their 
petitions,  with  other  Pajx^rs  relating  thereto,  and  desire  your  advice  and  assistance 
concerning  these  People.  Their  ca.se  is  tndy  pitial)lc:  if  they  go  to  Hispaniola, 
they  run  into  certain  destruction  very  few  escaping  with  life,  the  Effects  of  the  bad 
Climate  there  and  yet  they  have  no  Encouragement  to  continue  in  this  Country. 
Humanity  more  than  policy  makes  me  desirous  to  prevent  the  remainder  of  them 
taking  this  fatal  Voyage:  I  want  not  so  much  to  make  tlKun  British  sulijects  as  I  do 
to  keep  them  from'  perishing.  Tho  first  consideration  nnist  bo  to  provide  them 
present  subsistence:  after  which  I  should  be  very  glad,  if  means  could  be  concerted 
to  procure  them  somewhere  some  comfortable  settlement  that  they  may  not  ]>e 
obliged  to  pursue  tho  desperate  Resolution  of  removing  to  Hispaniola  with  little 
probability  of  surviving  the  Experiment. 

Fra  Br.nv aud."— Council  Records,  vol.  XXV.,  p.  350. 

"  Jan.  20,  1705.  In  the  House  of  Representatives.  Upon  his  Excellency's  Mca- 
sago  of  the  '_'4">  Ins'  Ordered  That  M^  Otis,  M'  Witt,  ('ol"  Willinms  Judge  Rus.sell 
&  M"^  Foster  of  Plymouth  with  such  as  the  Hon'''"^  Board  .shall  join  be  a  Conimitteo 
to  tak(!  the  Message  and  the  papers  referred  to  under  consideration  &  make  Report. 

In  Council,  Reail  &  Concurred;  and  Benj^  Lynde,  William  Brattle,  John  Choate 
&  James  Otis  Esq™  are  jctined  in  the  affair." — Ibid.,  p.  .T»8. 

"  Feb.  2,  170">.  The  Committee  a|ipointed  tho  20">  Instant  on  his  Excellency's 
Message  of  the  24"^  respecting  tho  French  Accadiaus  made  Report  that  a  large  nam- 


106  Pkovincb  Laws.  — 1757-58.  [Notes.] 

ber  had  left  the  Towns  where  they  were  placed  to  come  to  Boston  in  Order  to  take 

Eassage  to  the  West  Indies,  and  some  had  disposed  of  their  provisions  &  necessary 
'tensils,  and  lost  much  time  in  preparing  for  their  removal,  whereby  they  are 
brought  into  very  necessitous  Circumstances;  and  remain  still  averse  to  continue 
in  the  Province,  so  that  it  would  be  to  no  purpose  to  offer  them  Lands  to  settle 
on:  Wherefore  the  Committee  reported  as  their  opinion, that  some  Assistance  be 
afforded  to  such  of  them  as  are  so  circumstanced  to  relieve  and  suj^port  them  dur- 
ing the  two  following  Months. 

In  Council,  Read  and  sent  down  to  the  House. 

In  the  House  of  Representatives,  Read  and  not  accepted." — Ibid.,  p.  375. 

"  Feb.  5, 17G5.  Nathaniel  Ropes  Esq"^  from  the  Board  went  down  to  the  House  of 
Representatives  with  a  Message  to  inquire  if  they  had  passed  on  the  Report  rela- 
tive to  the  French  Accadians  If  not  to  desire  that  the  House  would  immediately 
take  it  into  consideration  as  the  Board  imagine  that  those  people  are  in  a  suffering 
condition." — Ihid.,  j).  3S3. 

"Feb.  15,  1765.  In  Council,  Whereas  it  has  been  represented  to  this  Cotirt,  that 
since  the  removal  of  a  number  of  the  late  Inhabitants  of  Accadie  out  of  this  Prov- 
ince several  of  the  Towns  where  the  late  Inhabitants  of  Accadie  were  placed  by 
order  of  Court  do  not  consider  themselves  under  the  same  obligations  as  heretofore 
to  provide  for  the  Support  of  such  as  are  in  poor  and  indigent  circumstances. 

Resolved  That  it  is  the  Incumbent  duty  of  th»  Towns  where  the  said  late  Inhabit- 
ants of  Accadie  have  been  placed  to  provide  for  the  relief  of  such  as  are  in  poor 
&  indigent  circumstances  until  a  new  apportionment  shall  be  made  or  this  Court 
shall  take  further  order  concerning  them. 

In  the  House  of  Representatives,  Read  and  Nonconcurred." — Ihid.  p.  407. 

"  February  Ifi,  17(J5.  In  the  House  of  Representatives,  Resolved  That  the  Acca- 
dians now  in  this  Town,  that  by  a  former  order  of  this  Court  are  Inhaliitants  of 
other  Towns  within  this  Province,  and  are  now  subsisted,  thro'  their  necessity  at 
the  public  Charge,  be  further  allowed  at  the  charge  of  the  Province  four  days  pro- 
visions more  here  in  order  to  prepare  themselves  for  their  removal,  as  also  neces- 
sary provision  to  support  them  in  their  Return  to  the  several  Towns  to  which  they 
respectively  belong,  allowing  eight  miles  for  a  days  travel.  And  that  at  the  expira- 
tion of  the  s<*  four  days  all  such  Accadians  be  immediately  sent  to  the  Towns  to 
which  they  belong,  and  that  the  charge  of  the  Transportation  of  such  of  them  as 
shall  be  unable  to  travel  be  paid  out  of  the  public  Treasury.  And  that  the  Com- 
missary General  be  directed  to  su]iply  the  said  Accadians  with  the  aforesaid  allow- 
ance of  provision,  and  to  see  to  the  Execution  of  this  order  in  regard  to  their 
Bemoval  to  their  several  and  respective  Towns. — In  Council,  Read  and  Concurred 
Consented  to  by  the  Governor."— 76irt.,  p.  415. 

"Mar.  9, 1765.  a  Petition  of  John  White — Setting  forth  That  he  is  one  of  those 
unhappy  people  who  were  taken  from  their  native  Country  and  brought  hither  dur- 
ing the  last  War  that  he  was  an  Inhabitant  of  Menis  in  Nova  Scotia  and  upon  his 
being  sent  hither  placed  with  others  in  Falmouth  in  Casco  Bay  where  they  are 
charged  with  public  charges  which  adds  greatly  to  their  distresses.  And  praying 
that  they  may  be  excused  from  paying  sucli  Taxes  until  they  shall  get  into  a  way  of 
business  to  provide  for  themselves  and  Families. 

In  the  House  of  Representatives  (February  25"^)  Read  &  Ordered  that  the  Assess- 
ors of  the  said  Town  of  Falmouth  be  directed  to  aV)ate  all  the  Poll  taxes  heretofore 
imposed  upon  all  the  French  Neutrals  so  called  living  in  said  Town.  In  Council 
(Fehy  27"^)  Read  and  Concurred.     Consented  to  by  the  Governor." — Ibid.,  p.  468. 

"  Oct.  3,  1765.  It  being  represented  to  His  Excellency  in  Council  that  there  are  a 
number  of  the  French  Accadians  belonging  to  other  Towns  now  in  the  Town  of 
Boston  in  a  suffering  condition.  His  Excellency  laid  the  same  before  the  Board  for 
their  Advice. 

Advised,  That  the  Overseers  of  tlie  Poor  of  the  Town  of  Boston,  take  the  like  care 
of  the  sick  and  necessitous  among  them  as  of  other  poor  People,  and  lay  the  Ac- 
counts before  the  Governor  and  Council,  and  the  said  Overseers  take  an  Account  of 
the  Towns  the  said  French  peojile  were  placed  in,  that  justice  may  be  done  in  reim- 
bursing the  said  expence." — Execntive  Records  of  the  Council,  17(55-1774,  p.  54. 

"March  12,  1766.  Advised  and  Consented  that  a  Warrant  be  made  out  to  the 
Treasurer  to  pay  unto  the  Hon'^'e  Royall  Tyler  Esq''  the  sum  of  Seventeen  Pounds 
eleven  shillings  and  ten  pence  half  penny,  to  discharge  his  account  for  sundry 
expences  on  the  French  Neutrals,  Doctors  Bills  &c  by  order  of  the  Governor  and 
Council. 

Advised  and  Consented  that  a  Warrant  be  made  out  to  the  Treasurer  to  pay  unto 
Benjamin  Clarke  the  sum  of  Fourteen  Pounds  thirteen  shillings  and  four  pence,  to 
discharge  his  account  for  Rent  of  a  House  eleven  months,  for  the  French  Neutrals." 
—Ibid.,  p.  100. 

"Oct.  21,  1767.  It  appearing  that  Ann  INIeurs  a  late  French  Accadian  has  not 
been  assigned  to  any  Town  and  the  said  Ann  appearing  to  be  in  a  sickly  state  &  as 
she  says  incapable  of  supporting  herself. 

Advised  and  Ordered  that  the  Select  Men  of  Salem  where  she  now  dwells  be 
directed  to  take  suitable  care  of  her  as  one  of  the  Province  Poor  &  transmit  their 
accounts  to  the  Secretarys  Office  to  be  laid  before  the  Governor  and  Council  for 
payment." — /6/(L,p.  259. 

"July  12,  1769.  To  the  Selectmen  of  the  Town  of  Salem  the  sum  of  Nine 
PoTinds  eleven  shillings  &  five  pence  to  discharge  their  accoitnt  for  nursing  & 
attendance  on  one  Ann  Mears  a  French  Neutral  by  order  of  the  Governor  and 
Council."— 76id.,  p.  419.— See,  also,  1766-67,  ch.  17,  and  note,  posi. 

Chap.  8.    "Augt24,  1757.    In  the  House  of  Representatives  Voted.    That  there 


I^NOTES.] 


Province  Laws.  — 1757-58. 


107 


be  printed  and  paid  ont  of  tbe  public  Treasury  to  liis  ExcoUcncy  Thomas  Pow- 
nall  Esqr  Governor  in  Cheif  of  this  Province  the  Sura  of  Three  hundred  Pounds 
to  defrey  the  Charges  of  transporting  his  Equipage  hither.  In  Council — Read  and 
Concurred. 

Consented  to  by  the  Governor." — Council  Records,  vol.  XXII.,  p.  89. 

"  P.  S.  Post  Merid"  1  am  this  moment  acquainted  that  the  House  have  voted  me 
£.300  Equipage  Money  and  intend  to  grant  luy  support  15111  from  the  first  of  May 
last  tho'  it  be  a  quarter  of  a  year  before  my  arrival,  a  thing  never  before  done  to 
any  Governor  as  I  am  told,  for  they  always  dated  the  supply  from  the  day  the  Gov- 
ernor published  his  Commission  in  the  Goycrmmint."— Extract  from  a  letter  of  Gov. 
Poicnall  to  the  Board  of  Trade,  Any.  20,  1757  :  "Mass.  Bay,  B.  T.,"  Vol.  75,  /.  i.,  8,  in 
Public-Record  Office. 

Chap.  9.  "  December  31,  1757.  A  Petition  of  Jonatlian  Pelding  of  Northfeild  in 
the  County  of  Hampshire  Setting  forth  that  in  the  Spring  of  the  year  175;j  he  turned 
out  a  black  Mare  into  the  Commons  belonging  to  said  Town  that  She  strayed  away 
in  the  Summer,  and  in  the  Fall  of  said  year  was  taken  up  as  a  Stray  by  one  Aaron 
Cook  of  Uadley,  whereupon  one  George  Patterson  of  Pelham  claimed  her,  and 
said  Cook  accordingly  delivered  her  to  him,  who  kept  her  about  three  years,  and 
then  sold  her  to  one  Nash  of  Hadley  who  afterwards  sold  her  to  one  Abner  Howe, 
in  wiiose  possession  said  Mare  was,  when  the  P(;tiiiouer  first  discovered  her,  and 
knew  her  to  have  been  his  own.  But  inasiimch  as  more  than  three  years  have  been 
elapsed  since  said  Patterson  first  had  her,  he  apprehends  lie  is  barr'd  from  bring- 
ing his  Action  for  the  recovery  of  said  Mare  —  And  prays  Releif. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Prayer  of  the  Peti- 
tion be  so  far  granted,  as  that  the  Petitioner  be  and  hereby  is  allowed  and  im- 
powercd  to  bring  and  maintain  his  Acti«m  for  the  Recovery  of  his  Damages  for  the 
Trover  and  Conversion  or  Detinue  of  the  Mare  which  he  says  he  has  lost  anything 
in  the  Act  of  Limitation  of  Actions  to  the  Contrary  Notwithstanding.  In  Council. 
Read  and  Nonconcurred." —  Council  Records,  vol.  XXII.,  p.  186. 

Chap.  12.  The  following  list,  compiled  from  the  executive  records  of  the  Council, 
of  persons  against  whom  commissions  in  bankruptcy  were  issued  under  this  act  is 
believed  to  be  complete.  Against  each  name  is  placed  the  date  of  the  order  in 
Council  ad\nsing  the  issue  of  a  commission;  and  the  names  of  the  petitioners,  and 
of  the  commissioners  appointed,  are  also  given  in  parallel  columns. 


Bankbupts. 

Date  of  advice 
to  issue  commissions. 

Petitioners. 

Commissioners 
appointed. 

Francis  Wella 

and 
Francis  Wells,  Jr. 

October        27, 1757. 

Ebenezar  Storer. 

Thomas  Hutchinson, 
Ezekiel  Goldthwalt, 
Joseph  Lcc, 
John  Wendell, 
John  Winslow. 

Thomas  Jackson,  Jr. 

November     3, 1757. 

Grace  Gardner. 

Jeremy  Gridley, 
Foster  Hutchinson, 
James  BouUneau. 

Henry  Atkins 

and 
Henry  Atkins,  Jr. 

December      6, 1757. 

John  Spooner. 

Joshua  Winslow, 
James  Boutineau, 
Kathl  Belhuno. 

James  Swift. 

December      6,  1757. 

Timothy  Thornton. 

Thomas  Greene, 
James  Boutineau, 
William  Skinner. 

Edmund  Quincy  and 
Sons. 

December    21,1757. 

John  Tudor. 

.Teremy  Gridley, 
Foster  Hutchinson, 
Tliomas  Flucker. 

Cord  Cordis. 

December    21, 1757. 

Oliver  Wiswall. 

Foster  Hutchinson, 
James  Boutineau, 
Joseph  Green. 

John  Bryant. 

December    21,  1757. 

Joseph    Cook     and 
others. 

Henry  Vassal!, 
Ralph  Tnman, 
Samuel  Whittemore. 

Thomas  Lorlng, 

December    31,1767. 

Francis  Barker. 

Benjamin  Lincoln, 
Samuel  Cushini;, 
Ezra  Whitmarsh. 

Ebenczer  Prout. 

December    31, 1757. 

John  Fayerweather. 

Samuel  Wentworth, 
•John  Rowe, 
William  Skinner. 

Bezekiah  Blancbard. 

January         4,  1758. 

Ebenezar  Hamden. 

Pamnol  Wentworth, 
John  Rowo, 
Willlatn  Skinner. 

108 


Provikce  Laws.  — 1757-58. 


[Notes.] 


Bankkcpts. 

Date  of  advice 
to  issue  commissions. 

Petitioners. 

Commissioners 
appointed. 

Stephen  Whiting. 

January 

4, 1758. 

John     Irving     and 
others. 

Foster  Hutchinson, 
Joseph  I^ee, 
John  Wendell. 

John  Ward. 

January 

5,  1758. 

Jacob  Wendell. 

*Jacob  Fowle, 
*JoHeph  Bo-wditch, 
*William  Pynchon. 

M 

February 

15, 1758. 

** 

John  Nutting, 
Samuel  Cur  wen, 
Nathaniel  Ropes. 

Walter  Logan. 

January 

5, 1768, 

James  Pitts. 

Foster  Hutchinson, 
James  Boutineau, 
William  Skinner. 

John  Oliver. 

February 

6, 1758. 

Stephen  Kent. 

Henry  Vassall, 
Ralph  Inman, 
James  Russell. 

Jonathan  Loring. 

February 

6, 1758. 

Henry  Bromfield. 

Artemus  Ward, 
Samuel  Witt, 
Henry  Barnes. 

Thomas  Walker. 

February 

6,  1758. 

John  Noycs. 

Foster  Hutchinson, 
James  Boutineau, 
Joseph  Lee. 

Abiel  Bichardson. 

February 

6, 1758. 

Josiah  Torrey. 

Henry  Vassall, 
Ralph  Inman, 
Samuel  Sparhawk. 

Joseph  Grant. 

February 

6, 1758. 

John  Tudor. 

Foster  Hutchinson, 
Joseph  Dowse, 
William  Skinner. 

Moses  Deshon. 

February 

6,  1758. 

William  Bowdoin. 

Joseph  Dowse, 
James  Boutineau, 
Nathaniel  Hatch. 

John  Richardson. 

February 

6, 1758. 

Nathl  Greenwood. 

James  Boutineau, 
Joseph  Lee, 
Nathl  Hatch. 

John  Phillips. 

February 

6,  1758. 

Joseph    Scott    and 
others. 

Foster  Hutchinson, 
Joseph  Dowse, 
William  Skinner. 

Hugh  "Vans. 

February 

6, 1758. 

Jacob  Wendell. 

Foster  Hutchinsor, 
Joseph  Dowse, 
William  Skinner. 

Blfield  Lyde. 

February 

6,  1758. 

Charles  Pax  ton. 

Joseph  Green, 
Joseph  Dowse, 
Nathl  Hatch. 

Benja  Colman 

and 
Nathl  Sparhawk. 

February 

14, 1758. 

Sir  William  Pepper- 
rill  Baronet. 

John  Hill, 
Richard  Cutt, 
Daniel  Moulton, 
James  Russell, 
Benja  Austin. 

Thomas  Whiting. 

February 

28,  1758. 

Samuel  Dexter 

and 
John  Gould. 

John  Foye, 
Jonathan  Sewall, 
John  Remington. 

Jeremiah  Osborne 

and 
Samuel  Osborne. 

March 

8,  1758. 

Foster  Hutchinson. 

Joseph  Dowse, 
Joseph  Lee, 
Nathl  Hatch. 

Thomas  Cooper. 

March 

8,  1758. 

Alexander  Hill 

and 
John  Soley. 

William  Skinner, 
Joseph  Dowse, 
James  Boutineau. 

Samuel  Hanes. 

March 

16, 1758. 

Joshua  Cheever. 

Foster  Hutchinson, 
William  Skinner, 
Nathl  Hatch. 

Samuel  Serviss. 

:March 

16, 1758. 

Samuel  Blanchard. 

Foster  Hutchinson, 
William  Skinner, 
Nathl  Hatch. 

Henry  Burry. 

April 

8, 1758. 

Samuel  Erames. 

John  Wendell, 
William  Skinner, 
Nathl  Hatch. 

*  Resigned. 


[Notes.] 


Province  Laws.  — 1757-58. 


109 


Bankbupts. 

Date  of  advice 
to  i8suc  commissions. 

Petitioners. 

Commleeionera 
appointed. 

John  Wendell.  Jr. 

AprU 

8, 1758. 

Jeremiah  Green. 

James  Boutineaa, 
William  Hkinner. 
Nathl  llatch. 

Abraham  Roundy. 

May 

26.1758. 

Huldah  Basset. 

John  Tanker. 
Itciiji  Bo  Jen, 
Nathan  Bowen. 

David  Goldthwait. 

June 
August 

29. 1758. 
1.1758.1 

Hannah  Goldthwait. 

•Ilenry  Gibbs, 
John  Turner, 
John  Gardner. 
Joseph  Blany. 

David  Slmonds. 

June 

29. 1758. 

William  Hall. 

Joseph  Dowse. 
M'illiani  Skinner, 
John  Wendell. 

James  Hayward. 

June 

29,  1758. 

Bei^jamin  Edwards. 

Benjamin  Johnson, 
Stephen  Hall, 
Zecbariah  Poole. 

BaniQcl  Batctaeldor. 

Juno 

August 
October 

29. 1758. 

1,1758.1 
9.  17584 

Josiah  White. 

♦Henry  Gibbs, 
*Jolin  Turner, 
John  Gardner. 
Joseph  Hlany, 
Daniel  Epes,  Jr. 

£no8  How. 

June 

29,  1758. 

Solomon  Mills. 

John  Wendell, 
William  Skinner. 
Nathaniel  Hatch. 

Joseph  OrifQn. 

August 

1.  1758. 

Ebcnezer  Hawks. 

John  Tasker. 
Benjamin  Bowden, 
Naliiau  Bowen. 

Samuel  Gray. 

August 

1,  1758. 

John  Coffin. 

John  Wendell, 
Joseph  Dowse, 
Nathaniel  Hatch. 

Benjamin  Eaton. 

August 

1,  1758. 

Jonathan  Gibbs. 

Joseph  Buckminster, 
John  Jones. 
John  Noyes. 

David  Miller. 

August 

1. 1758. 

John  Miller. 

George  Watson, 
Thomas  Foster, 
Capt.  Ebenezer  Sprout. 

Thaddtus  Wyraan. 

October 

9,  1758. 

John  Wyman. 

Andrew  Boardman, 
Ralph  Inman, 
Samuel  Whittemorc. 

Giles  Tidmarsb. 

November 

21,  175S. 

John  Box  and 
Benjamin  Austin. 

Nathl  Hatch, 
AVilliam  Skinner. 
John  Wendell. 

Thomofl  Stevens. 

November 

21.  1758. 

Benjamin  Lynde. 

Joseph  Gerrish,  junr. 
Daniel  Farnham, 
Thomas  Woodbridge. 

Archibald  Law. 

November 

21, 1758. 

Jeremiah  Lee. 

Nathan  Bowen, 
Benjamin  Bowden, 
Isaac  Manstield. 

*  Resigned. 


t  Date  of  Blaney's  commission. 


X  Date  of  Epes's  commission. 


"June  6. 1758.  That  all  Frauds  may  bo  prevented  in  obtaining  CommLs.sions  of 
Bankrupoy  against  Insolvent  Debtors. 

Advised  That  Notice  be  given  in  all  the  Publick  News  Papers  for  the  Space  of 
three  weoks  successively,  of  the  Petition  of  any  Petitioning  Creditor  fur  a  Coniniis- 
sion  of  Dankrup<^y  before  a  Commission  be  granted,  that  all  persons  concerned  may 
have  an  Opportunity  (if  tliey  see  eau.se)  of  making  their  Objections  thereto." — 
£rrr-utire  lii-CDrdis  of  the  C'ounril,  vol.  '.i,  p.  40.\ 

"  To  John  Pownall  Esqf  Secretary  to  the  Rt.  Hon"*  Lords  Commiss"  for  Trade  & 
Plant* 
Sir, 

In  ob<,'dience  to  his  Majesty's  Instruct"  I  have  herein  sent  the  I.,aw3  which 
pa8.s'd  the  Legislature  of  this  Province  last  Sessions  with  such  my  Observations 
thereon  as  thereby  directed. 

I  am,  Sir, 

Your  very  lmm'''«  Serv» 

T.  Pownall. 


no 


Peovince  Laws.  — 1757-58. 


[Notes.] 


Comand'  in 
chief  with 
advice  &  con- 
sent of  Council 
under  the  seal 
of  the  Piovince 
to  appoint  & 
grant  coiiiiss" 
power  &c. 


Boston  ll«h  Ocf  1757. 

An  Act  providing  Remedy  for  Bankrupts  and  their  Creditors. 

Observations.    T.  Pownall 
Description  of  a  Bankrupt  agreeable  to  the  Statute  13.  Eliz.  c.  7-1  James  I.  c. 
15-21  James  I.  c.  19.    —  An  overt  and  avow'd  Act  of  Bankruptcy  to  be  upon  Record 
and  Publish'd  suited  to  the  circumstances  of  Trade  and  Buisness  in  these  Colonies. 

T.  P. 
[Sect.  2.]    In  England  the  Lord  Chancellor  issues  ont  the  Commission.    In  this 
Province  there  is  no  Court  of  Chancery,  if  there  were  the  Governor  is  Chancellor  — 
This  Clause  conformable  to  the  Statutes  above  quoted.  T.  P. 

This  Act  was  made  on  occasion  of  a  considerable  number  of  Debtors  confining 
themselves  within  their  own  houses  for  fear  of  their  Creditors  and  there  spending 
the  money  that  should  have  gone  to  the  payment  of  their  debts.  A  great  inconven- 
ience complained  of  before  the  passing  of  this  Act  was,  that  some  of  the  Creditors 
attach' d  such  of  the  Debtors  Estate  as  could  not  be  secreted  and  satisfyed  them- 
selves whilst  others  more  Remote  or  Abroad  did  not  gett  a  farthing.  This  Act  is 
compos'd  of  the  Several  Acts  of  Bankruptcy  in  England,  their  several  parts  are 
transposed,  and  brought  together,  as  it  is  conceiv'd  they  would  have  been  had  they 
all  been  but  one  Act.  Some  parts  particular  to  the  Realm  are  omitted,  some  other 
proper  for  the  Government  and  State  of  this  Province  are  inserted.  "When  this  Bill 
had  pass'd  both  Houses  I  took  pains  by  my  own  study  of  it  to  make  myself  master 
of  it  I  also  sent  for  the  Chief  Justice  and  Judges  of  the  Superior  Court  and 
propos'd  the  following  Questions  to  them  for  the  better  information  of  my  Judg- 
ment. 

1st  Whether  the  Description  of  a  Bankrupt  in  this  Bill  be  such  as  that  none  but 
who  are  truely  and  actually  Bankrupts  can  have  benefit  thereby  ? 

2nd  Whether  there  be  no  Benefltts  arising  by  this  Bill  to  the  Debtors,  so  as  to 
be  an  encouragement  to  those  holdimshes  in  Trade  where  the  Trader  by  having  no 
substance  runs  no  risq  where  all  the  risq  is  run  by  the  Creditors  and  yet  in  case  of 
failure,  the  Debtor  has  a  way  to  escape  by  this  Bill  ? 

3d  Whether  the  Provisions  &  Penalties  in  this  Bill  are  such  as  effectually  to 
prevent  all  fraudulent  practice  in  the  Debtor,  whereby  thro'  means  of  this  Act  he 
may  avoid  the  just  payment  of  his  debts  ? 

4th  Whether  sufficient  provision  is  herein  made  for  the  securing  the  just  duo 
and  rights  of  the  Creditor  ? 

5tii  Whether  sufficient  provision  herein  made  for  the  effectual  securing  to  the 
Creditors  in  Ewjland  their  just  dues  and  rights? 

6"'  Whether  there  be  anything  in  this  Bill  tending  to  alter  or  repeal  any  Law  of 
Great  Britain  now  in  force  in  the  Plantations  ? 

7th  Whether  there  be  anything  in  this  Bill  contrary  or  repugnant  to  the  Lawa 
of  Great  Britain  ? 

Their  Answer  was.  —That  the  five  first  Questions  were  not  matters  of  Law  but 
expediency  and  effect  in  tJie  consequence:  That  in  Bills  of  this  nature  even  the 
Parliament  of  Great  Britain  have  from  time  to  time  been  oblig'd  to  amend  and 
provide  for  by  further  Acts,  such  former  Acts  as  have  been  found  impracticable 
and  ineffectual  in  their  execution :  That  it  is  impossible  to  answer  peremptorily  to 
the  effects  inquired  after  in  the  above  questions  but  that  as  far  as  they  can  see  and 
judge  at  present  they  may  answer  the  three  former  in  the  negative  and  the  two 
latter  in  the  affirmative.  And  that  as  to  the  sixth  &  seventh  questions  they  directly 
answer  in  the  negative.  T.  P. 

Penalty  for  per-  [Sect.  12.]  By  the  5  of  Geo.  II.  c.  .30  §  1.  2.  3  the  Criminal  is  made  guilty  of  felony 
jury  committed  without  benefit  of  Clergy.  It  was  originally  so  in  the  early  times  of  England, 
by  the  Bankrupt.  The  people  here  both  Judges  as  well  as  Juries  are  so  scrupulously  tender  in  cases 
of  life  that  they  will  not  in  any  case  find  a  verdict  wherein  death  is  the  punishment 
should  the  Law  prescribe  it  and  no  necessity  will  induce  them  to  make  a  Law 
wherein  the  penalty  is  death;  The  Penalty  prescribed  by  this  Act  is  equally  deter- 
ring and  is  such  as  will  where  it  is  incurr'd  be  carried  into  execution.  T.    P. 

[Sect.  22.]    An  unavoidable  defect  here  arising  from  the  limited  jurisdiction  of 
the  Govern'  within  the  bounds  of  each  respective  Province  while  some  of  the  debts 
due  to  the  Bankrupt  thus  propos'd  to  be  assign'd  may  lye  in  other  Provinces  where 
he  for  the  bene-    ^\^q  jurisdiction  of  this  Act  does  not  extend.  T.  P. 

fit  of  Banlirupts.  [Sect.  25.]  Here  began  my  doubts  how  the  Creditors  in  England  should  receive 
p  v,i  TSTotice  such  public  notice  ~  I  was  answer'd  by  the  Gentleman  of  the  Law  concern'd  in  this 
to  be  given  the  Bill  for  the  Creditors  —  That  no  Merchant  traded  to  this  Country  or  had  money 
Creditors  of  any    concerns  in  it,  who  had  not  appointed  an  Agent  or  Attorney.  T.  P. 

Bankrupt  of  the  time  &  place  of  meeting  for  the  choice  of  Assignees  &c. 

[Sect.  28,]  The  time  here  prescribed  supposed  sufficient  even  in  case  Merchant  in 
England  having  money  concerns  here,  had  not  made  an  Attorney,  For  Creditors 
in  England  to  send  over  proof  of  their  Debts  being  four  months  and  21  days 
at  least.  T.  P. 

See  also  page  315,  directing  a  second  Dividend  after  18  months.  T.  P. 

of  Comiss"  &  Assignees  Meeting  to  make  Dividend  &c. 

Certificate  to  be       [Sect.  37.]    In  England  two  thirds  of  the  Creditors  in  uumber  and  value  being 
Creditors  for  a  sum  above  £10.  must  sign  the  Certificate. 

Twas  thought  by  the  Assembly  that  a  Majority  of  the  Creditors  in  number  and 
value  (being  Creditors  for  a  sum  above  £10.  —  )  would  be  sufficient  and  as  secure 
here  as  a  majority  for  any  other  matter  in  the  Act, 

[Sect.  42.]  The  form  of  the  Petition  Bond  and  Commission  according  to  my 
direction  I  send  herewith.  T.  P. 

[Sect.  52.]  As  there  are  Cases  where  a  Person  may  cutt  off  an  Entail  for  the 
benefit  of  their  own  Family.    This  Provision  su]pposes  that  they  ought  by  this  Act 


Commiss"  to 
assign  or  dis- 
pose of  Debts 


Assignees  to 
give  notice  in 
the  public  news- 
papers of  the 
time  and  place 


signed  by  the 
greatest  X'art  of 
creditors  &c. 

Persons  peti- 
tionE  to  make 
Oath  &  give 
Bond. 

Grauts  &o.  to 


[Notes.]  Province  Laws.  — 1757-58.  Ill 

to  be  obliged  to  stand  in  the  same  case  for  the  benefit  of  their  Creditors.  Tho'  be  good  agnlnet 
this  may  be  Equity  and  is  Enuilizing  as  we  say  in  the  Colonies  of  New  England  Bankrupts  and 
where  there  is  no  Chancery,  Yet  how  far  common  Law  will  admitt  of  it  I  submitt.    their  UuUa  &c. 

T.  P. 

N.  B.  This  Bill  was  printed  six  months  before  it  was  enacted  and  was  sent  to  all 
the  Trading  Towns  in  the  Province  for  their  remarks  and  was  afterwards  putt  into 
the  hands  of  two  gentlemen  of  the  Law  here  to  be  consider'd  by  one  of  them  on  the 
part  of  tlio  Creditors  by  the  other  on  the  part  of  the  abscon<ling  Debtor  Who  upon 
advising  with  their  Principals  return'd  it  as  a  salutary  provision  both  for  Creditors 
and  Debtors.  T.  P."  —  Gov.  Pownall  to  6'ec.  Poionall:  "Mass.  Bay,  B.  T.,"  vol.  76, 
/.  /.,  24. 

"Tho  Sccrotary  having  acquainted  the  Board,  that  several  of  the  principal 
Merchants  ami  others  trading  to  and  interest''  in  tho  I'rovince  of  the  Massachusets 
Bay  ha<.l  desired  him  to  move  their  Lorilshiiis  that  tliey  might  be  heard  against  one 
of  the  said  Acts  passed  in  August  last  respecting  BankrujUs  and  their  Creditors 
their  Lordships  appointed  Tuesday  next  the  13i>  Inst,  for  the  considerafiDU  of  the 
said  Act  and  directed  the  Secretarj'  to  give  notice  thereof  to  the  said  Merchants 
and  others  and  also  to  the  Agent  for  the  Colony." — Minutes  of  the  Board  of  Trade, 
June  tJ,  1758:   Trade  Papers,  vol.  00. 

"  Their  Lordshi]is  pursuant  to  the  ^linutos  of  the  (!">  Inst,  took  into  consideration 
an  Act  passed  in  tlie  Province  of  the  Massachusets  Bay  in  August  last  respecting 
Bankrupts  and  their  Creditors  and  several  of  the  principal  ^lerchants  and  others 
trading  to  and  interested  in  that  I'rovinct^  attending  without  and  also  the  Agent  for 
tlie  Province  they  were  call'd  in  and  their  Lordships  having  heard  what  the  Mer- 
chants had  to  olTer  against  the  said  Act  on  the  one  side  and  also  what  the  Agent  had 
to  ulTer  in  support  of  it  on  the  other  side  tliey  withdrew." — Ibid.,  Jane  Vi,  1758. 

"The  Secretary  having  actjuainted  the  Board  that  he  had  in  obedience  to  their 
Lordships  Orders,  sent  the  Act  passed  in  the.  Massachusets  Bay  in  August  last 
respecting  Bankrupts  and  their  Creditors  to  S""  Matthew  I^amb  for  his  Opinion  there- 
upon in  point  of  Law,  but  that  he  was  gone  into  the  Country  and  would  not  return 
in  three  weeks,  their  Lordshii)s  not  thinking  it  adviseable  in  a  matter  which  so 
greatly  affects  the  interests  of  the  Merchants  trading  to  that  Country,  to  wait  for 
Sir  Matthew  Lamb's  Report,  Ordered  the  Draught  of  a  Report  to  the  Lords  of  the 
Comtnittce  of  Council  upon  the  said  Act  to  be  prepared." — Ibid.,  June  21,  1758. 

"  The  Draught  of  a  Rejiort  to  the  Lords  of  tho  Committee  of  Council  upon  an  Act 
passed  in  the  Province  of  the  Massachusets  Bay  in  August  1757,  respecting  Bank- 
rupts anil  their  Creditors  having  been  prepared  pvirsuant  to  the  Minutes  of  the  21" 
inst.  was  agreed  to  and  ordered  to  lie  transcribed." — Ibid.,  June  23,  1758. 

See  this  report  in  full  in  note  to  tliis  cliapter,  p.  44  ante. 

"  At  the  Court  at  Kensington  the  28"'  day  of  July  1758. 

Present 

The  King's  most  Excellent  Majesty  in  Council 

Whereas  by  Commission  under  the  Great  Seal  of  Great  Britain,  the  Governor, 
Council  &  Assembly  of  the  Province  of  the  Massachusets  Bay  in  New  England, 
are  authorized  and  empowered  to  constitute  and  ordain  Laws  which  are  to  continue 
&  Im!  in  force,  unless  his  Majesty's  pleasure  be  siguilied  to  the  contrary  —  And 
whereas  in  iiursuauee  of  tht;  sai<l  Commission  a  Law  was  passed  in  the  said  Prov- 
ince in  Au'^ust  1757.  entituled  as  follows,  Viz' 

An  Act  for  jiroviding  Remedy  for  Baukrujits  and  their  Creditors. 

Whieh  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  Maj'y'* 
most  honoralile  I'rivy  Council  the  said  Lords  of  the  Committee  this  day  presented 
the  said  Law  t:»  His  Slajesty  at  this  Board,  with  their  opinion,  that  the  same  ought 
to  be  repealed:  His  Maj'J'  taking  the  same  into  consideration  was  ]>leased  with  the 
a<lvic(!  of  his  Privy  Council  to  declare  liis  disallowance  of  the  said  Law,  And  pur- 
suant to  His  Maj'y'*  Royal  Pleasure  thereupon  expressed  the  said  Law  is  hereby 
repealed,  deilareil  void  &  of  none-effect — Whereof  the  Gov  or  Command''  in  Chief 
of  tiie  s'l  Province  for  the  time  being  &  all  others  whom  it  may  concern,  are  to  take 
notice  and  govern  themselves  accordingly. 

A  true  Copy  W.  Sharpe." — Order  in  Council: 

"Miifg.  Bat/,  B.  T.."  vol.  77,  K.  k.,  (!,  in  Public-Record  Ojfire. 

"  To  the  Right  Hon'''«  the  Lords  of  the  Committee  of  His  Majesty's  most  Hon*''" 
Privy  Council  for  Plantation  Affairs. 
My  fvords, 

Pursuant  to  Your  Lordships  Orders  dated  the  9'h  of  May  and  22'!  of  Dec  1758,  We 
have  luwl  under  Our  Consiileration  eighty  nine  Acts  psvss'd  in  the  Province  of  the 
Massachusets  Bay  in  the  Years  175(),  17.57  &  175S;  and  We  beg  leave  to  lay  the  same 
before  your  Lcjnlships,  with  the  necessary  Observations  uixui  them. 

Among  these  Acts  there  is  one  entitled  An  Act  for  proridiufi  Remedy  for  Bank- 
rupts (tndtluir  Creditors,  i)ass'd  in  August  1757,  on  whicli  We  diil  at  the  Request  of 
sevural  of  the  principal  Merehants  trading  to  the  Province  f)f  the  Miussachusets  Bay 
report  Out  Opinion  to  your  Lordships  on  llie  2'.l">  f)f  June  1758,  And  in  Consequence 
of  our  said  Report,  His  Majesty  was  ])h'ase<l,  by  His  Order  in  Council  dateil  the  '28^ 
of  Jtdy  following  to  disallow  and  annull  the  said  Act." — Lords  of  Trade  to  Lords  of 
Coinvil :  ibid.,  vol.  Urt,  p.  11. 

See,  further,  act  of  niifMJl,  chap.  Kl,  post,  and  notes  thereto;  also  the  letter  of  Mr. 
BoUan  to  Secretary  Oliver,  in  note  to  175'J-(jO,  chap.  'M,  post. 

Chap.  16.  "  April  23, 1757.  A  Petition  of  the  Inhabitants  of  Merryconneage  Neck 
praying  to  be  .sett  off  and  incorporated  into  a  .separate  Township  and  District,  and 
to  be  enabled  to  Tax  the  dormant  Lands  at  one  Penny  per  Acre  in  order  to  delray 


112  Province  Laws.  — 1757-58.  [Notes.] 

publick  Charges  amougst  them — In  Council;  Read  &  Ordered  that  the  Consider- 
ation of  this  Petition  be  referred  to  the  Second  Wednesday  of  the  next  May 
Session — 

In  the  House  of  Representatives  Read  &  Concurred." — Council  Records,  vol.  XXL, 
p.  498. 

"  June  14,  1757.  A  Petition  of  Sundry  Inhabitants  of  Merryconeague  Neck  Pray- 
ing as  entred  13  Octc  last,  and  on  the  23  April  following  referred  to  the  second 
Wednesday  of  the  May  Session.  In  Council.  Read  together  with  the  Answer  of 
the  Town  of  North  Yarmouth,  and  Ordered  That  Richard  Cutt  Esq""  with  such  as 
the  honourable  House  shall  join  be  a  Committee  to  hear  the  Parties,  consider  of  the 
Affair  and  Report  what  they  judge  proper  for  this  Court  to  do  thereon,  and  that  the 
Parties  appear  for  that  Purpose  on  the  second  Friday  of  the  next  Sitting. 

In  the  House  of  Representatives.  Read  and  Concurred,  and  M^  Sparhawk  and 
M"'  Bradbury  are  joined  in  the  affair." — Ibid.,  vol.  XXII.,  p.  54. 

"  December  6,  1757.  A  Petition  of  the  Inhabitants  of  Merryconeague  Neck  as 
entered  23  April  last — Praying  to  be  erected  into  a  Township — Read  again  together 
with  the  Report  of  a  Committee  appointed  to  consider  the  same,  in  favour  of  said 
Petition.  In  Council.  Read  and  accepted — And  Ordered  That  the  Petitioners  have 
liberty  to  bring  in  a  Bill  accordingly. 

In  the  House  of  Representatives.    Read  and  Concurred." — Ibid.,  p.  136. 

Chap.  16.  ■  "  Halifax  August  9,  1757, 

Sir.  This  "will  be  delivered  to  your  Excellency  by  Lieutenant  Murray,  of  Lieu- 
tenant Colonel  Frasers  Highlanders,  one  of  the  Regiments  I  propose  should  be 
Quartered  this  Winter  in  Boston,  as  this  Battalion  is  new  raised,  it's  for  his  Majes- 
ty's Service  that  they  should  be  as  much  together  as  possible  and  that  their  Quar- 
ters &c,  may  be  provided  and  Adjusted,  I  have  sent  this  Officer  by  way  of  Quarter 
master,  that  he  may  be  able  on  their  Arrival,  to  Conduct  them  immediately  to  their 
Quarters,  that  the  Transports  may  be  at  liberty  to  depart. 

I  am  with  the  greatest  regard 
Sir 
Your  most  ob'  humble  Serv'' 

Loudoun 

To  His  Excellency  Govern^  Pownall." — Archives  in  the  Office  of  the  Secretary  of  the 
Commoinvcalth,  vol.  109,  p.  428. 

"  It  is  his  Excellency  the  Earl  of  Loudouns  Orders  that  you  proceed  to  Boston  as 
soon  as  possible,  there  to  apply  to  his  Excellency  Governor  Pownall  for  convenient 
Quarters  for  a  Battalion  of  Highlanders  Commanded  by  Lieut  Col"  Fraser  consist- 
/  ing  of  One  Lieutenant  Colonel  two  Majors,  eight  Captains,  thirty  Subalterns,  six 
Staff  Officers,  forty  Sergeants,  forty  Corporals,  twenty  Drummers,  and  one  thousand 
private  men.  You  are  to  have  their  Quarters  and  fireing  in  readiness  against  their 
arrival.  James  Robenson 

To  Lieut  John  Murray  D  Qr  Mf  Genl. 

of  his  Majestys  second  Highland  Battalion." — Ibid  ,  p.  429. 

"  August  25,  1757.  The  Secretary  by  order  of  his  Excellency  the  Governor 
delivered  the  following  Message  to  the  two  Houses  viz^ 

Gentlemen  of  the  Council  and  House  of  Representatives. 

I  shall  order  to  be  laid  before  You  a  Letter  which  I  have  received  from  his  Excel- 
lency the  Earl  of  Loudoun  by  which  it  appears  that  a  Regiment  of  Highlanders  in 
his  Majesty's  Service  may  soon  be  expected  here,  where  his  Lordship  proposes  they 
be  quartered ;  and  an  Officer  of  the  Regiment  is  sent  hither  in  order  to  prepare  and 
adjust  the  Quarters  &''  that  so  the  Transports  may  be  discharged  and  at  liberty  to 
depart  immediately  after  their  Arrival.  I  have  also  ordered  a  Copy  of  his  Orders 
to  be  laid  before  You ;  that  You  may  see  what  is  required  and  expected,  and  also 
the  Numbers  to  be  provided  for. 

Any  Votes  or  Grants  to  defrey  the  Expence  that  may  attend  the  quartering  Troops 
in  the  Province  I  am  sensible  must  originate  with  the  House  of  Representatives  and 
to  their  consideration,  I  recommend  the  providing  for  such  Expence.  The  Troops 
are  sent  hither  for  the  preservation  and  security  of  this  and  the  other  Colonies. 
Nobody  can  think  it  reasonable  they  should  be  destitute  of  Quarters,  and  if  they  do 
not  tind  such  provided  they  will  Plead  necessity  and  provide  for  themselves.  I 
have  it  much  at  heart  Gentlemen,  to  remove  all  grounds  or  pretence  for  such  Neces- 
sity. This  is  a  point  that  lies  beyond  the  Limits  of  any  Power  I  have  to  enter  into 
the  discussion  of:  all  that  remains  with  me  is,  that  I  cannot  but  think  it  my  duty 
from  a  sincere  regard  and  tenderness  for  the  People  whom  You  represent  to  wish 
that  You  would  so  provide,  that  the  Civil  Magistrate  may  be  the  Person  who* 
adjust  these  Quarters,  and  that  a  Law  of  the  Province  may  be  a  rule  of  the  manner 
in  which  it  should  be  done. 

I  would  therefore  propose  and  recommend  to  You  an  Act  impowering  and  requir- 
ing the  Civil  Magistrate  to  take  up  and  assign  such  Quarters  under  such  Regulations 
as  that  the  Troo]is  may  be  well  accomodated,  and  yet  the  Province  as  little 
hurthen'd  as  is  possible.  In  England  the  Troops  are  confin'd  to  publick  houses 
extraordinary  cases  excepted;  In  such  cases  as  in  the  last  year  the  People  have 
voluntarily  acquiesced  in  receiving  Troops  in  their  private  houses.  In  Scotland  and 
Ireland  it  has  been  found  necessary  to  quarter  Troops  on  private  Houses.  Whether 
Provision  can  be  best  made  here  by  Barracks  or  by  Quartering  partly  on  private 
houses  and  Partly  on  publick  you  are  the  best  Judges. 

When  You  consider  the  vast  national  charge  in  subsisting  and  transporting 
these  Troops,  the  expence  of  quartering  them  must  appear  to  You  comparatively  a 

*  shall? 


[Notes.]  Province  Laws.  — 1757-58.  1I3 

very  small  Burden.  I  am  well  assured  that  his  Majesty  expects  that  his  Subjects  in 
this  and  llie  nei<;hl)Ouriug  Colonies  will  olieerfully  provide  for  it.  I  should  think  my- 
self extreemly  unhappy  if  under  my  Administration  this  Projiosal  should  be  rejected, 
when  one  of  the  same  nature  was  complied  with  the  last  Year,  during  the  Adminis- 
tration of  the  late  Leiutenant  Governor.  And  if  any  difficulties  should  hereafter 
arise  from  defect  of  such  Provision,  You  Gentlemen  and  the  People  whom  You  rep- 
resent will  do  me  the  Justice  to  acknowledge  that  I  llecommend  Such  to  You. 

Council  Chamber,  T.  Pownall. 

August  25,  1757. 

The  Secretary  laid  before  the  two  Houses  a  copy  of  his  Lordships  Letter  dated 
Ilallifax  August  !i,  1757,  together  with  the  Deputy  Quarter  Master  General's  orders 
to  Leiutenant  John  Murray  for  providing  Quarters,  referred  to  in  the  foregoing 
Message.  Ami  another  Letter  likewise  from  his  Lordship  dated  from  aboard  the 
Winchelsea  IS  August  1757."— CVd/iiwV  liicords,  vol.  XXII.,  /<.  !tl. 

'•Aug'  :!1,  1757.  In  the  House  of  Representatives.  Ordered  that  Col"  Ilale,  M' 
Pratt  and  M^  Tvng  with  such  aa  tlii^  honourable  IJoard  slial!  join  be  a  Committee  to 
prepare  the  draft  of  a  proper  an.swer  to  his  Excellency's  Message  to  both  Houses  of 
the  L'5"'  Instant,  and  report.  In  Council.  Read  and  Concurred  and  Thomas  Hutch- 
inson and  William  IJrattle  Esq"  are  joined  in  the  affair."— //*«/.,  p.  KM!. 

"Aug'  31,  1757.  In  the  House  of  Itepresentatives.  Voted  that  M'  Speaker,  M"" 
Flucker,  and  James  Russell  Esq"  with  such  as  the  honourable  Board  shall  ap|)oiQt 
be  a  Committee  with  the  leave  of  his  Excellency  to  provide  Materials  &  to  employ 
Workmen  for  building  new  Barracks  or  repairing  any  old  Buildings  to  serve  as 
Barracks  at  Castle  Island  or  Governors  Island,  so  that  together  with  the  Barracks 
already  i)rovided  on  Castle  Island  for  seven  hundred  Men,  there  may  be  suflicieut 
in  the  whole  to  receive  and  accomodate  One  thousand,  exclusive  of  Officers. 
And  the  said  Committee  are  likewise  to  provide  Materials  and  employ  Workmen 
to  make  additional  Buildings  for  Officers,  so  as  that  in  the  whole  there  may  be 
accomodations  for  the  Officers  of  one  Regiment.  And  that  the  Commissary  Gen- 
eral be  directed  to  provide  necessary  Articles  usually  alloweil  for  Barracks  viz'  Beds, 
Kettles,  Bowls  and  S^)oons  if  need  be,  also  half  a  Cord  of  Wood  ii-''  week  for  each 
Fire  place,  with  a  sufficiency  of  Lamps  and  Oyl  for  Lights.  In  Council.  Read  and 
Concurred,  and  Jacob  Wendell  and  William  Brattle  Esq™  are  joined  in  the  Affair. 
Consented  1o  by  the  Governor." — Ibid.,  p.  107. 

"Aug'  iil,  1757.  In  the  House  of  Rciiresentatives.  Ordered  That  there  be  allowed 
and  paid  out  of  the  Public  Treasury  into  the  hands  of  the  Chairman  of  the  Commit- 
tee appointed  to  take  Care  of  building  and  rejiairing  the  Barracks  &"=  at  Castle 
Island  or  Governors  Island  tlie  Sum  of  Four  hundred  Pounds,  the  said  Committee 
to  be  accountable.     In  Council.    Read  and  Concurred. 

Consented  to  by  the  Governor. — Ibid.,  p.  lOIi. 

"Aug'  ;U,  1757.  The  Committee  a]ipoiuted  to  prepare  the  draft  of  an  Answer  to 
his  Excellency's  Message  of  the  25">  Instant  made  Report  of  the  Same. 

Signed  Tho*  Hutchinson  ^  Order 

In  Council.  Read  and  Ordered  That  the  Report  be  accepted  and  that  Sir  William 
Pepperrell  with  Such  as  the  honourable  House  shall  appoint  be  a  Committee  to  wait 
on  his  Excellency  with  said  Message  accordingly. 

In  the  House  of  Representatives.  Read  and  Concurred  and  M""  Turner  and  M"' 
Tyng  are  joined  in  the  Affair. 

The  said  Message  accompanying  the  Report  is  as  follows,  viz' 

May  it  please  your  Excellency.  The  Council  and  House  of  Representatives  in 
consequence  of  your  Excellency's  Message  of  the  25"^  Instant  have  agi-eed  that  this 
Government  shall  be  at  the  charge  of  Additional  Barracks  on  Castle  Island  or 
Governors  Island,  so  as  with  those  already  built  to  accomodate  a  Regiment  of 
One  thonsand  Men  with  their  Officers,  and  have  appointed  a  Committee  to  effect 
the  Works,  and  to  provide  Utensills,  Firing  and  Light  for  the  ii.se  of  the  Barracks. 

They  are  far  from  aii]>rehending  that  the  expence  of  quartering  the  Kings  Troops, 
that  are  or  may  be  siiit  here,  may  of  right  be  insisted  upon  or  demanded  from  the 
Inhabitants  of  this  Province.  They  are  sensible  that  they  ought  to  contribute  as 
far  as  is  in  their  Power  to  their  own  defence  against  their  Enemies.  For  this  Pur- 
pose the  Government  is  already  under  such  Engagements,  that  there  is  no  prospect 
of  being  able  to  comply  with  them  without  rcleif  from  his  Majesty;  and  it  was  in 
humble  conlidence  of  this  nleif  that  these  Engagements  were  made.  The  General 
Court  is  every  day  going  on  further  to  involve  the  Province. 

Your  Excellency  has  been  pleased  to  recommend  this  Additional  Expence:  If  it 
be  agreeable  to  Your  Excellency  that  the  Government  should  advance  towards  the 
charge  of  the  War  in  this  way,  rather  than  another,  the  two  Houses  are  willing 
to  conform:  but  at  the  same  time  they  cant  help  observing  to  your  Excellency,  that 
there  are  certain  Limits  which  the  People  will  not  Ik;  able  to'exceed,  and  tliat  the 
more  they  contribute  in  one  shape,  the  less  they  will  Ix;  able  to  do  in  another.  "They 
earnestly  desire  your  Excellency's  favour  in  rejircsenting  to  his  Majesty  the  present 
involved  State  of  tin-  Government  notwithstanding  the  extraordinary  Taxes  which 
are  annually  paid  vastly  out  of  proportion  to  any  other  Colony;  That  the  Inhabit- 
ants of  the  Province  daily  leave  it,  and  go  into  other  Governments;  and  that  unles.s 
his  Majesty  will  \n-  gra<iously  jilcased  to  cause  a  part  of  the  great  Sums  which  liave 
been  ailvanced,  and  which  tin;  Provinces  is  now  in  debt  for  to  be  reimbursed:  it  will 
not  he  iK)ssilile  for  this  Government  to  contribute  to  the  War  in  the  proportion  it  has 
already  done." — Ibid.,  p.  111. 

"  November  2<),  1757.  The  Secretary  by  Order  of  his  Excellency  the  Governor 
delivered  the  following  Message  to  both  Houses  respectively  viz' 

Gentlemen  of  the  ("ouncil  and  House  of  Representatives 

About  three  weeks  agoe  severall  of  the  OlUcers  of  his  Majesty's  Troops  arrived  at 


114:  Province  Laws.  — 1757-58.  [Notes.] 

Boston  from  Nova  Scotia  in  order  to  recruit  the  Regiments  to  which  they  belong 
and  made  their  application  to  Me  to  provide  tlieiu  Quarters.  I  was  very  sensible 
that  the  Service  which  these  Gentlemen  were  ordered  upon  could  not  be  carried  on 
if  they  were  to  be  lodged  in  the  Barracks  which  you  had  provided  at  Castle  William, 
and  therefore  I  directed  them  to  make  their  application  to  the  Magistrates  in  the 
Town  of  Boston  to  quarter  and  billet  them  in  that  Town.  I  explained  to  those 
Magistrates  the  Nature,  and  represented  the  necessity  of  furnishing  Quarters;  Not- 
withstanding which  they  declined  complying  with  tliis  application,  in  consequence 
whereof  his  Excellency  the  Earl  of  Loudoun  has  been  pleased  to  send  me  a  Letter, 
which  I  received  last  night  by  express,  and  which  I  shall  direct  the  Secretary  to  lay 
before  You. 

You  will  perceive,  Gentlemen,  that  his  Lordship  insists  upon  the  Right  of  the 
Demand.  His  Majesty's  Service,  the  protection  and  defence  of  his  Colonies  very 
much  depend  upon  a  Compliance  with  it.  It  is  an  Affair  of  such  Importance  that  I 
must  recommend  it  to  your  most  serious  and  immediate  Attention. 

A  M.  Nov  26,  1757.  T.  Pownall. 

Then  the  Secretary  having  read  to  the  Board  the  Earl  of  Loudoun's  Letter  re- 
ferred to  in  his  Excellency's  Message  carried  the  Same  down  to  the  House  of  Rep- 
resentatives. 

In  the  House  of  Representatives.  Ordered  That  M^  Speaker  M'  Pratt,  Colo  Wil- 
liams, Colo  Choate,  M""  Tyng,  M""  Flucker  and  M^  Gridley  together  with  such  as  the 
honourable  Board  shall  join,  he  a  Committee  to  take  his  Excellency's  Message  of  this 
Forenoon  to  both  Houses,  together  with  the  Letter  from  his  Excellency  the  Earl  of 
Loudoun  accompanying  the  Same  under  consideration  and  report  what  they  judge 
proper  for  this  Court  to  do  thereon.  In  Council.  Read  and  Concurred  and  John 
Osborne  Andrew  Oliver,  Joseph  Pynchon,  Thomas  Hutchinson,  Stephen  Sewall 
and  John  Erving  Esq"  are  joined  in  the  Affair." — Ibid.,  p.  121. 

"  Novemf  28, 1757.  John  Osborne  Esq  from  the  Committee  appointed  to  take  under 
consideration  his  Excellency's  Message  of  the  2CA^  Instant  to  both  Houses  Reported 
the  Draft  of  an  Answer  thereto.  In  Council.  Read  and  Sent  down,  as  also  a  Bill 
intituled  An  Act  making  Provision  for  the  quartering  and  billeting  Recruiting  Offi- 
cers and  Recruits  in  his  Majesty's  Regular  Forces  employed  for  the  Protection  and 
defence  of  his  Majesty's  Dominions  in  North  America." — Ibid., p.  123. 

This  bill  was  passed  to  be  engrossed,  in  concurrence,  Nov.  30,  and  the  next  day 
was  passed  to  be  enacted,  and  signed  by  the  Governor. 

"  New  York  Decemly  6'l>,  1757. 

Sir,  Yesterday  morning  I  was  favoured  with  yours  of  Nov^"'  28"i  which  had  come 
by  Albany;  by  it  I  was  in  hopes  that  on  the  fair  State  I  had  made  of  the  Right  the 
King  and  the  Mother  Country  had  to  Quarters  for  their  Troops,  sent  at  the  sole 
Expence  of  the  Mother  Country,  for  the  Defence  of  his  Majesty's  Dominions,  and 
the  Protection  of  the  Lives  and  Properties  of  his  Subjects  in  North  America  that 
every  Thing  would  have  gone  as  it  has,  and  ought  in  the  other  Provinces. 

But  in  the  Evening  I  had  the  Favour  of  yours  of  Dec*""  l^t  with  a  Copy  of  the  Act 
pass'd  by  the  Legislature  of  the  Massachusetts,  by  which  they  have  laid  me  under 
the  disagreable,  but  the  absolute  Necessity  of  settling  this  Point  at  once,  as  the 
Consequence  of  my  acquiescing  under  it,  would  at  once  throw  the  whole  Continent 
into  Confusion,  from  South-Carolina  to  Boston,  and  turn  three  fourths  of  the  Troops 
at  once  into  the  Streets  to  perish  at  this  Season  of  the  Year. 

I  observed  to  you  in  my  Letter  from  Albany,  that  the  Assembly  had  no  Concern 
in  the  King's  Right  to  Quarters  for  his  Troops,  as  in  Time  of  Peace  it  is  settled  and 
regulated  by  an  Act  of  the  British  Parliament,  which  no  Act  of  theirs  can  infringe, 
or  diminish.  I  likewise  observed  that  in  Time  of  war,  the  Troops  must  be  posted 
in  such  Numbers  as  the  Necessities  of  that  War  make  requisite,  and  that  the  Rules 
laid  down  for  the  Time  of  Peace,  give  Place  to  the  Rules  and  the  Customs,  and 
necessities  of  War  as  practised  in  the  Mother  Country,  and  as  practised  in  the 
Countries  of  not  only  allied,  but  even  of  neutral  Princes  all  over  the  Globe. 

Surely  the  Gentlemen  have  not  considered  this  Act  before  they  passed  it,  for  by 
it,  if  it  could  have  any  Force,  they  have  barred  the  King  from  marching  his  Troops 
thro'  his  own  Dominions,  to  oppose  the  most  cruel  of  all  Enemies,  now  actually  in 
his  Country,  and  threatniug  further  Invasions  every  Day. 

I  shall  not  go  on  to  make  any  further  Observations  on  the  Act,  as  I  cannot  help 
seeing  from  this  step  of  the  Assembly,  after  the  last  Letter  I  writ  from  Albany,  and 
from  finding  that  after  all  the  prudent  measures  you  have  taken,  to  prevent  them 
from  infringing  the  Rights  of  the  Crown,  and  from  taking  measures,  that  from 
endeavouring  to  set  aside  an  Act  of  the  British  Parliament,  must  at  once  throw  the 
whole  Continent  of  North  America  into  such  Confusion  as  must  be  its  instant 
Ruin,  'tis  unnecessary  to  make  any  of  the  many  Observations  I  could  on  the  Act, 
as  I  see  this  has  put  all  further  Negotiation  out  of  Doors,  and  put  me  under  the 
disagreable  necessity  of  settling  it  myself,  to  prevent  the  fatal  Consequences  of  the 
Measures  they  have  entred  into,  and  in  which  they  are  entirely  Voluntiers,  by  re- 
fusing Quarters  to  a  few  recruiting  Parties  only. 

Nothing  can  be  more  disagreable  to  me  than  having  Disputes  with  the  People  of 
Boston,  for  whom  I  have  always  had  the  greatest  Regard,  from  the  Zeal  and  Loy- 
alty they  have  always  professed  for  their  King  and  Country. 

And  as  at  Present  from  some  Fatality,  Things  have  taken  a  different  Turn,  they 
must  pardon  me  if  I  do  my  Duty  in  preserving  the  Constitution  by  supporting  the 
Rights  of  the  King  and  the  Mother  Country,  and  in  preventing  the  ruinous  Mis- 
chiefs flowing  from  such  Measures."  —  Loudoun  to  Gov.  Powiiall,  Mass.  Archives,  vol. 
56,  p.  274. 

"December  14,  1757.  The  Secretary  by  order  of  his  Excellency  the  Governor 
delivered  the  following  Message  to  both  Houses  respectively,  and  at  the  same  time 


[Notes.]  Province  Laws.  — 1757-58.  115 

laid  before  them  a  Letter  from  bis  Excellency  the  Earl  of  Loudoun  refer'd  to  there- 
in viz' 

Gentlemen  of  the  Council  and  House  of  Representatives 

Last  Night  by  Express  I  received  from  bis  Excellency  the  Earl  of  Loudoun  a 
Letter  from  New  York  of  the  G"»  Instant,  which  I  shall  direct  the  Secretary  to  lay 
before  you.  You  will  perceive  by  this  Letter,  that  the  late  Act  of  this  Province 
providing  for  the  quavteriug  and  billetting  recruiting  Parties,  is  very  far  from 
answering  his  Lordship's  Expectations. 

As  the  Case  is  now  circumstanced,  I  must  earnestly  recommend  to  You  proper 
measures  to  terminate  this  Affair  in  such  a  maimer,  as  to  avoid  all  prejudice  to  his 
Majesty's  Service  in  General,  and  to  the  Interest  of  this  Province  iu  particular  at 
so  critical  a  Juncture. 

The  foregoing  Message  was  immediately  taken  into  Consideration.    And. 

In  the  House  of  Keprescntatives  Ordered  That  M""  Spcaki^r,  Colo  Hale,  Col"  Choate, 
M""  Prat,  and  ISP  Tyng  with  such  as  the  honourable  Board  .shall  join  lie  a  Committee 
to  take  his  Excellency's  Message  of  this  Forenoon,  together  with  the  Letter  from 
his  Excellency  the  Earl  of  Loudoun  to  the  Governor,  accompanying  the  same  uuder 
consideration,  and  report  what  they  judge  pro|)er  for  this  Court  to  do  thereon.  la 
Council  Read  and  Concurred  and  John  Cushing  Thomas  Hutchinson,  Stephen 
Sewall,  John  Ervingand  William  Brattle  Esq'"*  are  joined  in  the  Affair."— C'o«ncii 
Bcconh,  vol.  XXII.,  p.  152. 

"  December  10,  1757.  The  Committee  appointed  the  14  Ins'  on  his  Excellency's 
Message  to  both  Houses— reported  that  the  following  Message  be  sent  to  his  Excel- 
lency the  Governor  in  answer  thereunto  viz' — 

May  it  Please  your  Excellency. 

Your  Excellency's  Message  of  the  14  Ins'  together  with  the  Letter  which  You  had 
received  the  Evening  before  from  his  Excellency  the  Earl  of  Loudoun  have  been 
considered  by  Us  with  very  great  attention;  and  we  ho]ie  that  notwithstanding  his 
Lordship's  present  Sentiments,  when  the  whole  of  our  Conduct  and  the  reasons  of  it 
are  considered  by  him  we  shall  recover  his  Lordships  favourable  opinion,  and  the 
Harmony  which  now  seems  to  be  in  some  measure  interrupted  will  be  fully  re- 
stored. 

Our  Apprehensions  of  the  Extent  of  the  Act  of  Parliament  so  far  as  it  relates  to 
Quarters  &  Billeting,  differ  from  tho.se  of  his  Lordship,  It  is  his  Lordship's  Opin- 
ion that  those  parts  of  the  Act  extend  to  his  INIajesty's  Colonies  and  Plantations, 
We  are  sensible  that  the  Act  in  some  parts  of  it  expressly  extends  to  the  Planta- 
tions, and  in  others  to  all  his  Majesty's  Dominions  beyond  Seas,  and  such  parts 
have  been  observed  accordingly  in  this  Province,  but  we  are  as  fully  satistied,  that 
so  far  as  it  relates  to  quartering  and  billeiling  it  was  intended  to  be  local,  and  this 
appears  not  only  from  the  words  of  the  Act,  but  from  the  nature  and  reason  of  the 
thing,  seeing  one  General  Rule  can  never  serve  the  several  parts  of  Great  Britain 
only,  much  less  the  several  Colonies  and  Plantations  in  America  also.  But  notwith- 
standing this  we  have  never  denied  or  doubted  that  wheresoever  his  Majesty's 
Troops  shall  be  sent  for  the  Protection  and  defence  of  his  Dominions,  Quarters  and  , 

Billetting  must  be  provided  as  often  as  they  are  necessary.  Considering  the  great 
charges  to  which  this  Province  has  been  exjiosed  we  could  not  think  it  reasonable 
that  any  jiart  of  the  Expence  should  be  borne  by  Us,  but  being  strongly  urged  to  it, 
and  being  desirous  of  freeing  the  Inhabitants  from  the  burden  of  quartering  Sol- 
diers in  their  Houses,  we  have  enlarged  the  Barracks  on  Castle  Island  and  fur-  ' 
nished  them  with  necessary  Utensils;  and  they  are  capable  of  containing  a  Regi- 
ment of  One  thousand  men  with  their  Officers.  This  was  the  number  which  your 
Excellency  recomineuded  to  us  to  provide  for,  upon  your  first  coming  to  the  Chair. 
Divers  recruiting  Parties  have  since  applied  for  (Quarters  and  Billetting  to  the  CiA'il 
Magistrates  who  ditl  not  think  tluMnschcs  warranted  by  any  Laws  then  in  being  to 
assign  them.  Upon  Your  Excellency's  Message  of  the  2(j'h  November  last  an  Act 
has  passed  providing  for  quartering  and  billetting  such  Parties:  and  this  Provision 
is  as  similar  to  the  Act  of  Parliament  as  can  consist  with  the  differing  State  of  the 
Towns  and  Districts  in  this  Province  from  that  of  the  Cities,  Boroughs  &<=  in  Eng- 
land and  Wales,  and  of  Berwick  upon  Tweed. 

We  had  no  intimation  that  any  further  Troops  were  expected  in  the  Province. 
We  freely  own  that  We  hoped  his  Majesty's  Service  would  not  require  an  addi- 
tional number  to  march  or  be  jiosted  here,  but  we  never  intended  by  this  partial 
Provision  to  signify  that  we  WDuld  not  make  further  provision  when  the  Service 
should  require  it.  We  are  really  at  a  loss  what  step  to  take  to  terminate  this  Affair, 
for  his  Lordship  dos  not  seem  dissatisfied  so  much  from  the  insufficiency  of  what 
we  have  done  as  from  the  manner  of  its  being  done,  by  a  Law  of  this  Province. 
The  main  jjoint  iu  difference  seems  to  be  this  Ilis  Lordshi])  insists  that  sufficient 
Laws,  Rules,  and  Customs  are  already  in  force  for  quartering  and  billetting  his 
Majesty's  Forces  antl  that  Nothing  further  is  requisite  except  that  the  Civil  Magis- 
trate carry  them  into  execution;  We  conci'ive  that  when  in  ordinary  Cases  his 
Majesty's  Forces  arc  to  be  quartered  and  billetted  in  the  Province,  an  Act  of  the 
I^egislature  is  requisite  to  im|)Ower  the  C'ivil  Magistrate  to  do  it.  We  are  ready  to 
pass  An  Act  making  Provision  in  such  cases  for  quartering  and  billetting  such 
Forces  as  shall  \to.  necessary  for  our  protection  and  defence  as  similar  as  may  be  to 
the  Provision  made  in  England.  W'c  have  never  sui)po.sed  that  upon  extraordinary 
occasions  when  our  preservation  or  defence  made  it  requisite  to  march  or  Quarter  a 
greater  number  of  Trooi)s  than  could  be  quartered  agreeable  to  the  regulations  made 
by  Law,  we  must  not  submit  to  the  Rules  and  Customs  which  In  like  cases  are 
allowed  antl  practised  in  our  Mother  Country,  We  rely  upon  it  that  a  greater  num- 
ber of  Forces  will  not  be  ordered  into  the  Province  than  what  his  Majesty's  Servica 
and  the  Purposes  aforesaid  render  necessary. 


116  Province  Laws.  — 1757-58.  [Notes.] 

We  beg  leave  further  to  observe,  and  we  doubt  not  your  Excellency  will  think  it 
a  proper  occasion.  That  the  Inhabitants  of  this  Province  are  intitled  to  the  Natu- 
ral rights  of  English  born  Subjects;  that  by  the  Royall  Charter  the  Powers  and 
Priviledges  of  Civil  Government  are  gi-anted  to  them;  that  the  enjoyment  of  these 
rights,  these  Powers  and  Priviledges  is  their  Support  under  all  burdens  and  Pres- 
sures; this  will  animate  and  encourage  them  to  resist  to  the  last  breath  a  cruel 
Invading  Enemy;  the  loss  or  hazard  of  these  Enjoyments  from  any  other  cause 
naturally  tends  to  deject  and  dispirit  them.  If  our  adherence  to  these  Rights  and 
Privileges  shall  in  any  measure  lessen  the  Esteem  which  his  Lordship  had  con- 
ceived for  Us,  and  make  a  Breach  upon  that  Harmony  which  has  hitherto  subsisted, 
it  will  be  our  great  Misfortune,  but  we  shall  have  the  satisfaction  of  reflecting  that 
both  in  our  Words  and  Actions  we  have  lieen  governed  by  a  sense  of  duty  to  hia 
Majesty,  and  Faithfulness  to  the  Trust  committed  to  Us. 

The  Foregoing  Message  being  reported  and  read,  In  Council  was  sent  down  to 
the  House  of  Representatives. 

In  the  House  of  Representatives.  Read  and  Accepted  and  Ordered  That  Colo 
Hale,  Colo  Choate,  Col"  Fowle,  Judge  Russell  and  Colo  Williams  with  Such  as  the 
honourable  Board  shall  join  be  a  Committee  to  wait  upon  his  Excellency  Avith  the 
foregoing  Message.  In  Council  Read  and  Concurred,  and  John  Osborne  Benjamin 
Lynde,  John  Chandler  and  Isaac  Royall  Esq's  are  joined  in  the  affair."— / 6 W.,  ?i.  156. 

"  New  York  December  2(),  1757. 
Sir,  I  had  the  favour  of  Your's  of  the  16«S  with  a  Copy  of  the  Address  from  the 
Assembly  to  you,  from  which,  and  from  your  Assurances  I  can  depend  on  their 
making  the  Point  of  Quarters  easy  in  all  Time  coming,  and  on  Your  Application, 
for  which  I  shall  always  have  the  greatest  Regard,  I  have  Countermanded  the 
Mareh  of  the  Troops,  which  I  was  lay'd  under  the  necessity  of  Giving,  as  the  Foot- 
ing things  had  been  put  on  was  big  with  so  many  Mischiefs  to  this  Part  of  his  Maj- 
esty's Dominions. 

As  to  the  Dispute  the  Gentlemen  seem  willing  to  enter  into  of  the  necessity  of  a 
Provincial  Law  to  Enforce  a  British  Act  of  Parliament,  I  shall  not  enter  into  it  at 
all;  as  the  Administration  is  wise  and  PowerfuU  and  will  take  their  own  Methods 
in  setting  Affairs  of  that  Nature. 

As  to  the  Gentlemen's  imagining  that  this  Affair  has  made  a  difference  between 
them  and  me,  I  shou'd  be  very  sorry  to  see  things  in  that  Light.  They  and  I  have 
seen  things  in  a  different  Light,  and  that  Affair  is  now  Accomodated,  and  I 
imagine  setled,  so  that  thei-e  is  a  Total  end  of  it. 

And  it  cannot  enter  into  my  Mind  to  imagine  that  the  Province  of  the  Massachu- 
setts will  not  continue  to  be  at  least  among  the  Foremost  on  the  Continent  to  shew- 
that  Zeal  for  his  Majesty's  Service,  and  to  cooperate  with  his  Servants  to  the 
Utmost  for  the  good  of  those  Province's  in  North  America;  as  those  are  Things  for 
which  they  have  justly  claimed  so  much  Merit. 

As  to  my  Part  t  will  assure  You,  that  I  have  the  greatest  Regard  for  the  Province 
of  the  Massachusetts  bay;  and  that  not  only  now  but  on  all  Occasions,  no  Man  in 
the  Province  will  be  more  Zealous  in  supporting  them  in  their  just  Rights  and 
Privileges. 

Before  I  close  this  letter  tis  necessary  that  I  should  remind  you  that  it  has  not 
yet  come  to  my  knowledge  that  any  Provision  has  been  made  for  the  Ranging 
Companies  I  asked  of  the  Province  by  my  Circular  Letter  of  September,  when  I 
formed  a  Plan  of  Reducing  the  Expence  of  the  Provinces  by  dismissing  the  Surplus 
of  tlie  Provincials  above  the  numbers  of  the  Rangers,  which  I  found  necessary  for 
the  service  during  the  Winter. 

Altho  your  Assembly  had  not  met  when  I  dismissed  the  other  part  of  the  Pro- 
vincials, I  kept  no  more  of  yours  than  an  Adequate  number  to  what  the  other 
Province's  had  ordered  that  your  Province  might  reap  the  same  Ease  that  the 
other  Provinces  did  But  as  those  Companies  remaining  with  me  are  not  conipleated 
in  Officers,  I  must  again  desire  that  you  will  till  up  those  Vacancies;  and  I  can 
have  no  doubt  that  your  Assembly  will  enable  You  to  put  those  Companies  either 
on  the  Footing  of  those  kept  up  by  the  other  Provinces,  or  in  some  other  manner 
enable  them  to  perform  the  Services  thro'  the  Winter,  for  which  they  are  kept  up. 

I  can  have  no  doubt  of  this,  as  from  their  Wisdom  they  must  see  the  necessity 
there  is  at  all  Times,  and  more  particularly  at  this,  in  the  time  of  War  of  keeping 
up  that  mutual  Confidence  and  nnahimity  among  the  Provinces  so  very  essential 
for  their  Defence,  for  shou'd  it  come  out  "in  the  last  days  of  December,  that  the 
Province  of  the  Massachusetts  was  the  only  one  that  had  refused  to  come  into  my 
Plan  laid  before  them  in  September  after  all  the  others  had  come  into  it  owning  the 
great  Saving  it  was  to  them,  it  must  have  the  Effect  of  taking  off  that  mutual  Con- 
fidence so  essential  to  the  whole,  as  tis  to  be  apprehended  it  would  create  for  the 
future  a  Delay  every  where,  and  none  would  come  into  any  measures  proposed  till 
they  had  consulted  their  neighbours  to  know  what  they  were  to  do,  the  consequence 
of  which  would  be  that  the  King  by  his  Servants  must  take  such  a  long  time  in 
every  negotiation  that  no  Business  cou'd  be  done,  a  Thing  I  am  sure  that  the 
Province  of  the  Massachusetts  would  not  chuse  to  be  the  Authors  of;  and  as 
You  are  so  well  acquainted  with  the  Business  of  this  country,  this,  and  many  more 
arguments  must  occur  to  you,  which  you  I  am  sure  will  lay  in  a  strong  Light 
before  the  proper  People,  and  cannot  fail  of  Success. 
Wishing  You  the  Compliments  of  the  Season,  I  am  with  sincere  Regard, 
Sir, 

Your  most  Obedient 

Humble  Servant 
His  Excellency  Governour  Pownall  Loudoun. 

As  about  ick)  Men  of  the  Troops  lately  Arrived  from  England  are  drafted  into 


[Notes.]  Province  Laws.  — 1757-58.  117 

the  Reg**  in  Nova  Scotia  I  propose  to  send  tliem  to  Castle  William  there  to  Remain 
till  such  time  as  they  can  be  conveiiicutly  sLipped  off  for  Halifax."— 3/a«s.  Archives, 
vol.  5<),  p.  288. 

"  January  2, 1758.  In  Council  His  Exrellency  having  been  plcasod  to  comrauni- 
cate  to  the  two  Houses  a  Letter  from  the  Right  honourable  the  Earl  of  Loudoun  dated 
New  York  December  •_'(),  1757.  Voted  That  IJenjamin  Lynde,  Thomas  Hutchinson 
and  William  Brattle  Esq"  with  sucli  as  the  honourable  House  shall  join  be  a  Com- 
mittee to  take  the  same  into  tonsideratiou  and  reiwrt  what  they  shall  judge  proper 
for  the  two  Houses  to  do  thereon. 

In  the  House  of  Representatives  Read  and  Concurred  and  M""  Speaker,  Col"  Wil- 
liams, Colo  White  and  Col"  Ruggles  are  joined  in  the  Affair."— Council  Records,  vol. 
XXIL,  p.  188. 

"  January  (J,  1758.  The  Committee  appointed  the  2<l  Instant  to  take  under  con- 
sideration 'the  Earl  of  Loudoun's  Letter  of  26  Dec  which  his  Excellency  the 
Governor  was  jilcased  to  communicate  to  the  two  Houses  reixirted  the  following 
Message  to  his  Excellency. 

May  it  please  your  Excellency. 

We  are  very  glad  to  jierceive  by  the  Letter  from  his  Excellency  the  Earl  of  Lou- 
doun, whicii  you  have  been  pleased  to  direct  the  Secretary  to  lay  before  Us,  That 
the  Conduct  of  the  General  Court  is  so  well  approved  of,  and  that  his  Lordship  has 
thereuiH)ii  countermanded  the  Orders  which  he  had  given  for  inarching  tlie  Troops 
to  be  quartered  and  billeted  within  tliis  I'rovince.  We  thank  your  Excellency  for 
your  good  Offices  in  our  behalf  and  for  the  care  and  pains  wliich  wc  are  sensible 
you  have  taken  to  avert  the  tmubles  wliich  seemed  to  be  coming  upon  Us.  We 
doubt  not  that  future  Assemblies  will  act  upon  the  same  Trinciples  with  this 
Assembly,  and  that  the  Massachusetts  Province  will  always  deserve  the  favourable 
Oi>itiiou  of  the  General  of  his  Majesty's  Forces. 

We  wis))  to  stand  perfectly  right  with  his  I^ordship,  and  it  will  be  a  great  Satis- 
faction to  Us  if  we  may  be  able  to  remove  his  Misapprehension  of  the  Spring  and 
Motive  of  our  Proceedings.  His  Lordship  is  jileascd  to  say  that  we  seem  willing 
to  enter  into  a  dispute  uix)n  the  Necessity  of  a  Provincial  Law  to  enforce  a  British 
Act  of  Parliament.  We  are  utterly  at  a  Loss  what  part  of  our  Conduct  could  give 
occasion  for  this  Expression. 

The  Point  in  which  we  were  obliged  to  differ  from  his  Lordship  was  the  Extent 
of  Provision  made  by  Act  of  Parliament  for  regulating  Quarters.  We  thought  that 
it  did  not  reach  the  Colonies.  Had  we  thought  that  it  did  reach  us.  And  ytst  made 
an  Act  of  our  own  to  enforce  it,  there  would  have  been  good  Grounds  for  his  Lord- 
ships Exception;  but  being  fully  persuaded  that  this  Provision  was  never  intended 
for  Us,  what  better  step  could  we  take,  then  agreeable  to  the  twentieth  Section  in 
the  Articles  of  War  to  regulate  Quarters  according  as  the  Circumstances  of  the 
Province  requires,  but  still  as  similar  to  the  Provision  made  in  England  as  possible. 
And  how  can  it  be  inferred  from  lience  that  we  sujipose  a  Provincial  Act  necessary 
to  enforce  an  Act  of  Parliament  ? 

We  are  willing  by  a  due  exercise  of  the  Powers  of  Civil  Government  (and  we  have 
the  pleasure  of  seeing  your  Excellency  concurr  with  Us)  to  remove  as  much  as  may 
be  all  pretence  of  necessity  of  military  Government.  Such  measures  we  are  sure 
will  never  be  disapproved  by  the  Parliament  of  Great  Britain;  our  dependance 
upon  which  we  never  had  a  desire  or  thought  of  lessening.  From  the  Knowledge 
your  Excellency  has  acquired  of  Us,  You  will  be  able  to  do  us  Justice  in  this 
Regard.  In  our  Message  to  your  Excellency  which  you  had  transmitted  to  his 
Ijordship  we  declared,  that  the  Act  of  Parliament,  the  Extent  of  which  was  then 
in  dispute,  so  far  as  relates  to  the  Plantations  hatl  always  been  observed  by  us. 
The  Authority  of  all  Acts  of  Parliament  which  Concern  the  Colonies  and  extend 
to  them  are  ever  acknowledged  in  all  the  Courts  of  Law  and  made  the  Rule  of  all 
Judicial  Proceedings  in  the  Province.  There  is  not  a  member  of  the  General 
Court,  and  we  know  no  Inhabitant  within  the  Bounds  of  the  Government  that  ever 
questioned  this  Authority. 

To  i)revent  any  ill  Conscqtiences  that  may  arise  from  an  Opinion  of  our  holding 
such  I'rinciples,  we  now  titterly  disavow  them,  as  we  should  readily  have  done  at 
any  time  [tast,  if  there  had  been  occasion  for  it;  and  we  pray  that  his  Lordship  may 
be  acquainted  therewith,  that  we  may  appear  in  a  true  Light,  and  tliat  no  Impres- 
sions may  remain  to  our  disadvantage.  In  Council.  Read  and  Accepted  and 
Ordered  That  Sir  William  Penpcirrell,  Stephen  Sewall,  and  James  Bowdoin  Esq™ 
with  Such  as  the  honourable  House  shall  appoint  be  a  Committee  to  present  the 
same  accordingly.  In  the  House  of  Representatives  Read  and  Concurred  and  M' 
Tyng,  Col"  Choate,  Col"  Hale,  and  M'  Bacon  are  joined  in  the  Affair." — Ibid.,  p.  li»8. 

A  printed  copy  of  this  act  was  enclosed  with  the  following  letter  to  the  Lords  of 
Trade:— 

"  Boston  Dec  !•*,  1757. 
My  Lords, 

i  had  the  honour  to  acquaint  your  Ijordships  that  upon  an  application  from  the 
Earl  of  Loudoun  in  August  last  for  Quarters  for  one  of  the  Highland  Battalions, 
the  Legislatvire  enabled  me  to  prepare  Barracks  for  them,  but  these  upon  the  Island 
whereon  Castle  William  stantls  prove  intircly  insufficient  for  the  purposes  of  the 
Recruiting  parties  sent  since  into  this  Province:  the  Recruiting  Officers  therefore 
by  my  direction  applyed  to  the  Magistrates  for  Quarters;  the  Magistrates  appre- 
hending that  the  Act  Of  Parliament  in  this  j)oint  <lid  not  extend  to  America  and 
that  there  was  no  Law  of  this  Province  irii|):i\vriug  them  to  billet  soldiers,  told  the 
Officers  that  they  could  not  be  justified  in  doing  it  but  by  Law  an<l  refused  to  do  it. 

I  immediately  acquainted  Lord  Loudoun  then  at  Albany  with  the  state  of  the 
case,  his  Lordship  wrote  mc  a  letter  insisting  on  the  right  of  quartering:  The  Legis- 


118  Pr.oviNCE  Laws.  — 1757-58.  [Notes.] 

lature  'being  now  sitting  I  immediately  next  Morning  sent  a  Message  to  them  layed 
Lord  Loudoun's  letter  before  them  &  required  them  to  make  provision  for  quarters 
in  immediate  compliance  to  his  Lordships  demand. 

The  two  Houses  went  immediately  into  a  Bill  making  provision  for  quartering 
these,  or  any  Recruiting  parties  that  should  be  sent  into  the  Province,  of  which  by 
their  desire  I  by  express  acquainted  his  Lordship  and  with  all  possible  dispatch 
(sitting  on  Sunday)  pass'd  it  thro'  both  Houses  and  sent  it  up  to  me,  to  which  I 
gave  my  assent,  enacting  it  into  a  Law. 

I  think  myself  extreamly  happy  in  having  obtained,  tho'  not  perhaps  just  in  the 
way  that  might  have  been  more  agreeable  the  end  his  Lordship  seem'd  to  aim  at, 
as  it  may  prevent  any  difference  arising  betwixt  his  Lordship  &  the  people  on  the 
point  of  the  right,  his  Lordship  apprehending  as  one  point,  that  the  Act  of  Parlia- 
ment in  the  Article  of  Quarters  doth  extend  to  North  America  &  as  another  from 
the  nature  &  necessity  of  the  thing  he  has  a  right  to  quarter:  the  people  on  the 
other  hand  tho'  they  unanimously  allow  that  from  the  nature  &  necessity  of  the 
thing  his  Lordship  ought  to  have  a  right  to  quarter  his  Soldiers,  yet  the  Act  of  Par- 
liament not  extending  to  America,  and  there  being  no  Act  of  the  Province  for  quar- 
tering that  it  lyes  with  them  to  make  provision  by  law. 

And  I  have  this  day  had  the  honour  to  acquaint  his  Lordship  they  have  done  so 
(for  all  Recruiting  Parties)  on  the  same  terms  &  at  the  same  rates  as  are  prescribed 
"by  Act  of  Parliament  in  England  &c.  with  a  Penalty  on  the  Magistrates  refusing  to 
do  it.  I  am  with  all  duty  &  respect.  My  Lords,  Your  Lop^  most  obedt  faithfull  & 
most  humble  servant,  T.  Pownall." 

■—"Mass.  Bay,  B.  T.,"  vol.  75,  J.  i.,  20,  in  Public-Record  Office. 

"  Boston  18  JanT,  1758. 

My  Lords,  . 

In  my  last  letter  of  Dec'  1='  1757  I  had  the  honor  to  write  your  Lordships  that  I 
thought  myself  extreamly  happy  in  having  obtain'd  an  Act  providing  for  such 
quarters  as  were  then  wanted  tho'  not  perhaps  in  the  way  that  might  have  been  more 
agreeable  to  Lord  Loudoun  yet  so  as  to  remove  all  occasion  of  difference  between 
his  Lordship  and  the  people  of  this  Province  upon  the  point  of  the  right.  His 
Lordship  has  been  of  opinion  that  it  was  of  the  utmost  importance  to  settle  the 
right  and  in  consequence  of  his  Lordship's  letters  thereupon  and  my  messages  I 
have  received  from  both  Houses  of  Legislature  the  two  Messages  which  I  enclose. 

However  much  both  sides  seem'd  dissatisfyed  with  me  during  the  negociation  of 
this  affair  which  I  had  the  diflSculty  to  transact  between  his  Lordship  and  tlie  Peo- 
ple while  there  was  any  difference,  I  am  very  happy  to  see,  that  now  it  is  agreed, 
both  sides  approve  my  conduct,  as  it  argues  at  least  an  uniformity  in  such.  His 
Lordship  is  pleas'd  in  his  letter  of  Dec"-  G'h  to  approve  as  he  kindly  expresses  it,  the 
prudent  measures  I  had  taken  to  prevent  their  infringing  the  rights  of  the  Crown, 
and  the  Legislature  here  do  now  in  their  Message  sufficiently  express  their  sense 
of  the  regard  I  have  to  the  people."  —  Gov.  Pownall  to  the  Board  of  Trade  Jan.  18, 
1758:  ibid.,  vol.  76, 1,  i.  31.  . 

"  Aug.  31, 1757.  To  Jacob  Wendell  Esq^  in  behalf  of  the  Committee  appointed 
to  take  care  of  building  the  Barracks  on  Castle  Island  &c.  the  sum  of  Four  hun- 
dred Pounds,  the  said  Committee  to  be  Accountable."  —  Vote  of  Council  advising  the 
draught  of  a  vmrrant :  Executive  Records  of  the  Council,  vol.  3,  p.  2'J4. 

"  Mar.  9,  1758.  Advised  &  Consented  that  a  Warrant  be  made  out  to  the  Treas- 
urer to  pay  unto  Jacob  Wendell  Esq''  in  behalf  of  the  Committee  for  making  an 
addition  to  the  Barracks  at  Castle  William  the  sum  of  Forty  eight  Pounds  to  be  by 
them  paid  to  whom  the  same  is  respectively  due,  being  the  ballance  of  their  Acco* 
for  Materials  and  Work  done  in  that  service."  — I&itZ.,  p.  345. 

Chap.  17.  "  July  12,  1757.  It  having  been  represented  to  his  Majesty's  Council 
that  divers  Actions  have  been  Commenced  in  the  Counties  of  Plymouth  Barnstable 
and  Bristol  upon  especial  Act  of  this  Province  for  a  general  Muster  that  was  to  be 
had  on  the  223  day  of  March  last  against  the  People  called  Quakers  for  not  appear- 
ing under  Arms  on  said  day. 

Resolved  that  it  be  recommended  to  the  Justices  of  the  Courts  in  said  Counties 
respectively  to  Continue  all  such  Actions  as  have  not  yet  been  tried,  and  to  suspend 
the  issuing  of  Executions  in  consequence  of  any  Judgments  which  may  have  been 
Obtained  upon  any  such  Actions,  until  the  General  Court  shall  have  had  Opportu- 
nity to  take  Cognizance  of  such  Representation  and  to  determine  thereupon." — 
Executive  Records  of  the  Council,  vol.  3,  p.  278. 

"  August  17,  1757.  A  Petition  of  Cornelius  Allen  and  Others  of  the  People  called 
Quakers  at  Dartmouth— Setting  forth  That  Actions  have  been  commenced  against 
divers  of  their  Brethren  for  not  appearing  at  the  Military  Muster  by  Law  ordered 
to  be  had  on  the  22<i  day  of  March  last,  that  Judgments  have  been  obtain'd  against 
Some,  and  Executions  against  Others.  That  their  Nonattendance  was  not  occa- 
sioned by  Obstinacy  or  disaffection  to  the  Government,  but  that  it  was  for  Con- 
science sake  they  refused  to  attend ;  they  having  always  approved  themselves  no 
less  zealous  for  the  British  Interest  than  Others  of  the  Community,  And  praying 
for  Releif.  In  Council.  Read  and  Ordered  That  Samuel  Danforth  and  William 
Brattle  Esq's  with  such  as  the  honourable  House  shall  join  be  a  Committee  to  take 
this  and  the  annexed  Petition  under  consideration  and  report  what  they  shall 
judge  proper  to  be  done  in  the  Case. 

In  the  House  of  Representatives.  Read  and  Concurred  and  Col^  White,  Capt"* 
Bacon  and  M''  Stone  are  joined  in  the  Affair." — Council  Records,  vol.  XXII.,  p.  75. 

"  Aug'  23,  1757.  A  Petition  of  Joseph  Wing— Setting  forth  That  he  is  now  a 
Prisoner  in  Barnstable  Goal  for  not  appearing  at  the  General  Muster  by  Law 
ordered  to  be  bad  on  the  22^  day  of  March  last.    That  He  is  one  of  the  People 


[Notes.]  Province  Laws.  — 1757-58.  119 

called  Quakers;  and  that  his  Nonappearance  was  not  owing  to  obstinacy  or  disaf- 
f(x:tion;  but  that  upon  conscientious  Principles  he  neglected  to  appear  at  said 
Muster.    And  Praying  Releif. 

In  the  House  of  K<;prcsentatives.  Read  and  Ordered  That  this  Petition  be 
committed  to  the  Committee  of  both  Houses  appointed  on  the  Petition  of  Cornelius 
Allen  &  Others;  to  consitler  and  report  thereon,  &  that  M^  Pratt  1)6  of  the  said 
Committee  in  the  room  of  Col"  White  who  is  absent.  In  Council.  Read  and  Con- 
curred."— Ibid.,  }i.  »4. 

"January  M,  1704.  A  Petition  of  Joseph  Wing  of  Falmouth  in  the  County  of 
Barnstable  and  Melatiah  Gifford  of  the  Town  and  County  aforesaid,  both  of  the 
People  called  Quakers— Setting  forth,  That  at  an  Inferior  Court  of  Common  Pleas 
held  at  Barnstable  iu  May  1757,  Mases  Swift  Clerk  of  tlu;  Military  Foot  Company 
of  said  Falmouth  recovered  Judgments  upon  a  Law  of  thi.s  Province  for  Twenty 
pounds  with  Cast  of  Suit,  for  not  appearing  at  a  Military  Muster  of  said  Company; 
and  that  Executions  were  issued  upon  said  Judgments,  and  they  thereupon  com- 
mitted to  Barnstable  Goal,  and  there  detained  for  some  months,  until  they  were 
dismissed  on  the  1*'  January  1758  by  order  of  the  General  Court.  And  the  Spring 
following  the  Sheriff  of  the  said  County  did  seize  and  secure  so  much  of  the  Real 
Estate  of  the  petitioners  as  to  satisfy  the  Demands  of  the  said  Clerk.  And 
inasmuch  as  tiieir  Non  appearance  aforesai<l  was  the  mere  Result  of  Scruples  of 
Conscience,  and  this  Court  has  in  time  jiast  relieved  such  as  had  suffered  on 
account  of  their  Consciences  or  religious  Persuasions,  which  favours  are  gratefully 
acknowledged:  They  likewise  jiray  for  the  like  Favour,  and  that  their  Inheritances 
may  be  restored. 

In  the  House  of  Representatives;  Read  and  Ordered  That  the  Petitioners  serve 
the  Clerk  of  the  Military  Company  in  Falmouth  with  a  Copy  of  this  Petition  that 
he  shew  Cause  (if  any  he  hath)  on  the  second  Wednesday  of  the  next  May  Session 
why  the  Prayer  thereof  .should  not  be  granted. 

In  Council  Read  and  Non  Concurred.  And  Ordered  That  Nathaniel  Sparhawk 
Esq""  with  such  as  the  honorable  House  shall  join  be  a  Committee  to  take  this  Peti- 
tion under  consideration  and  make  Report. 

In  the  House  of  Representatives  Read  and  Concurred  and  Docf  Smith  and  M' 
Wood  are  joined  in  the  affair." — Ibid.,  vol.  XXV.,  p.  17G. 

"  Feb.  1, 17(>4.  A  Petition  of  John  Gorham  of  Barnstable  Setting  forth.  That  there 
were  committed  to  him  divers  Executions  upon  Judgments  obtained  against  Joseph 
Wing,  Melatiah  Gifford  and  Halsell  O'Reily  of  the  People  called  Quakers  for  not 
attending  military  Musters,  who  were  thereupon  committed  to  Gaol  in  Barnstable, 
who  were  afterwards  discharged  by  Order  of  Government,  but  no  provision  was 
made  for  the  Petitioner  to  recover  his  Fees.  And  Praying  Relief.  In  Council 
Read  and  Ordered  That  this  Petition  be  committed  to  the  Committee  appointed  to 
take  under  consideration  the  Petition  of  Joseph  Wing  and  Others. 

In  the  House  of  Representatives  Read  and  Concurred.  And  in  consequence 
thereof  the  following  Order  passed  viz'. 

In  the  House  of  Representatives;  Read  and  Ordered  that  the  sum  of  Three 
pounds,  nine  shillings  and  two  pence  be  granted  out  of  the  Publick  Treasury  to  the 
Petitioner  or  his  Order  in  full  for  his  Fees  within  mentioned.  In  Council  Read  and 
Concurred     Consented  to  by  the  Governor." — Ibid.,  182. 

"  February  2,  17G4.  The  Committee  appointed  the  Sl^*  of  January  on  the  Peti- 
tion of  Joseph  Wing  and  Melatiah  Gifford  having  made  report,  the  following  Order 
passed  thereon  viz'  In  Council  Read  and  sent  down 

In  the  House  of  Repn^sentatives  Ordered  That  the  Petitioners  be  directed  to 
notify'  Moses  Swift  within  mentioned  to  lodge  in  the  Secretary's  Office  on  or  before 
the  second  Wednesday  of  the  next  Sittin"  of  this  Court  an  account  on  Oath  of  his 
trouble  and  charge  in  prosecuting  the  said  Wing  and  Gifford  to  final  Judgment  and 
Execution;  and  at  the  same  time  to  direct  the  said  Swift  to  signify  in  writing  under 
his  hand  on  wjiat  terms  he  is  willing  to  relinquish  his  Right  and  Title  to  the 
I^ands  taken  in  Execution:  and  that  the  within  Petition  be  referred  for  further 
consideration  to  the  next  sitting  of  this  Court.  In  Council  Read  and  Concurred." 
—Ibid.,  p.  im. 

"February  11,  17G5.  A  Petition  of  Joseph  Wing  and  Melatiah  Gifford  of  the 
people  callecl  (Quakers,  praying  to  be  restored  to  the  possession  of  their  Inheritance 
taken  by  Execution  to  satisfy  a  Judgment  obtained  against  them  for  not  attending 
a  military  muster,  as  entered  the  ^1*'  January  17t>i. 

In  the  House  of  Representatives,  Read  again,  and  Ordered  that  there  be,  and 
hereby  is  granted  unto  Moses  Swift,  to  be  paid  out  of  the  public  Treasury  to 
Thomas  Smith  Esq  for  the  use  of  s"*  Moses  the  sum  of  Twenty  one  pounds,  he 
giving  a  gootl  Quit  Claim  Deed  to  Joseph  Wing  of  the  Real  Estate  which  he  took 
from  nim  by  Execution  in  1758  for  a  military  tine  and  Costs,  and  also  pay  to  him 
the  Rents  and  profits  of  said  Estate  until  tliis  time.  And  h'^  Moses  also  giving 
another  quit  Claim  Deed  to  Melatiah  Gifford  of  the  Real  Estate  which  he  took 
from  him  by  Execution  the  same  year  for  a  Military  fine  and  Costs.— In  Council, 
Read  and  Concurred.    Consented  to  bj'  the  Governor." — Ibid.,  p.  397. 

Chap.  18.  '♦  Boston  14«»»  Aug»,  1767. 

Sir, 

•  •»•*• 

Wo  have  no  Militia  Law  here  that  is  effectual,  I  did  venture  to  propose  to  the 
Council  that  I  might  use  and  exercise  r.,ii\v  Martial  on  this  occasion,  a<cording  to  a 
Clause  in  the  Charter,  and  whether  they  would  atlvise  me  to  issue  a  Proclamation 
for  this  purpose?  this  they  would  not  advise  me  to,  and  I  could  not  do  it  without 
their  advise  and  consent.    I  meet  the  General  Court  on  Tuesday  and  have  hopes 


120 


Province  Laws.  — 1757-58. 


[Notes.] 


Arms  &c.  to  be 
enquir'd  into. 
Penalty  for 
Non  appearance. 
Clerks  to  take 
a  List  &c. 


given  me  of  obtaining  a  Militia  Law  immediately  after  whicli  I  shall  come  up  to 
the  Frontiers  where  I  will  endeavour  to  form  a  considerable  and  effective  Body  of 
Men  which  if  I  can  do,  you  shall  not  wait  a  Moment  for  any  assistance  I  can  give." 
—Extract  from  Gov.  Pownall's  letter  to  Gen.  Webb:  "Mass.  Bay,  B.  T.,"  vol.  75, 1,  i., 
5,  27,  in  Public-Record  Office. 

"  Boston,  Aug*  20*  1757. 
Sir. 

"What  has  happened  and  what  I  have  done  since  my  last  to  you  of  the  16"» 
instant,  the  inclosed  papers  from  32  to  43  will  better  acquaint  you  that  I  can 
possibly  in  words.  I  have  the  pleasure  to  acquaint  you  that  both  Houses  of  the 
Legislature  have  approved  the  steps  I  have  taken,  tho'  I  have  exceeded  the  powers 
of  their  Charter,  as  you  will  here  see  by  their  addresses  to  me,  which  I  enclose  and 
they  are  making  provision  for  the  expense  I  have  incurr'd  therein:  And  tlio'  it  is 
an  old  bone  of  contention,  yet  I  shall  be  able  to  obtain  a  Militia  Law,  which  I  hope 
will  be  efiQctnal."— Extract  from  letter  of  Gov.  Pownall  to  Board  of  Trade :  ibid.,  I.  i.,  8.- 

"  New  York,  Sepy  26tii,  1757. 
My  Lords, 

At  the  last  Sessions  of  the  General  Court  of  Massachusetts,  I  recommended  the 
forming  by  Law  an  Effectual  Militia.  They  were  not  able  to  go  thro'  with  the  con- 
sideration of  it  last  Session.  They  appointed  a  Committee  to  form,  in  the 
Recess  of  the  Court  a  Bill  for  that  purpose  and  from  a  Confidence  in  my  intentions 
and  measures,  gave  them  leave  to  consult  and  advise  with  me.  I  have  settled 
what  I  hope  will  get  thro'  the  House  and  be  effectual. 

I  have  recommended  the  same  to  the  Gov  of  Connecticut  who  approves  it  and 
will  try  the  same  in  his  Colony.  I  have  not  now  my  Papers  by  me— I  can  only  say 
that  my  scheme  proceeds  upon  the  idea  of  a  Province  Piquet  Guard  from  the  whole 
Militia  of  about  6,000  effective  men,  well  armed  and  disciplined,  and  ready  to  turn 
out  upon  all  occasions.  Which,  in  my  opinion  is  better  than  the  whole  41,000  that 
will  never  turn  out  to  any  one  good  purpose.  Nevertheless  the  whole  Militia, 
except  this  Piquet,  is  to  stand  as  it  now  does,  by  the  old  Law. 
I  have  the  honor  to  be  my  Lords 
Your  Lordships 

most  obedient  & 

most  humble  Serv* 

T.  PoWNALIi. 

The  Rt.  HonWe 

Lords  Comm"  for  Trade  &'^."—Ibid.  I.  i.,  15. 

"  An  Act  in  addition  to  the  several  Acts  of  this  Province  for  regulating  the 
Militia. 

[Sect.  1.]  This  inquiry  used  to  be  made  but  once  a  year,  'tis  now  to  be  made  by 
a  view  of  arms  every  Training  day.  T.  P. 

[Sect.  1.1    This  9^  is  in  addition  to  what  he  was  to  pay  before  in  all  making  153. 

T.  P. 

[Sect.  1.]  This  return  to  prevent  frauds  in  the  Captains  on  training  dales,  no 
provision  in  this  case  before  therefore  trainings  were  become  nothing.  T.  P. 

[Sect.  1.]    All  this  quite  new  to  render  trainings  effectual.  T.  P. 


The  Clerk  on 

oath  to  prosecute  Delinquents. 
Persons  except         [Sect.  3.]    Addition  and  new 
Troopers  how  to  be  furnished  with  arms  &c. 

Persons  on  the         [Sect.  4.]    Those  on  the  alarm  List  used  to  lend  their  arms  to  those  on  the  train- 
Alarm  List  to       ing  List  to  appear  with,  this  Provision  breaks  up  that  fraud.  T.  P. 
have  their  Arms  &c.  viewed. 
Penalty  for  nog-       [Sect.  5.]    Additional, 
lect  or  refusing  Regimental  Musters. 
Persons  in  the          [Sect.  5.]    Additional. 
Frontiers  to  carry  arms  &c. 

Non  Comission         [Sect.  6.]    New  and  never  could  be  obtain'd  before.  T.  P. 

ofHcers  &  soldiers  to  be  provided  with  bayonets  &  in  what  manner.     [See  1711-12,  chap.  9.] 

[Sect.  6.]    This  brings  up  the  penalty  for  neglect  of  appearance  on  a  Training 
Penalty  for  not     day  to  17^  T.  P. 

appearing  with  Bayonets  &c. 
Penalty  for  non-       [Sect.  8.]    Additional, 
appearance  on  alarm. 

[Sect.  8.] 


till 
T. 


now 
P. 


A  most  material  point  and  what  never  could  be  obtain'd 
Penalty  for  since  the  existence  of  the  present  charter. 

Mutiny  or  Desertion. 

Penalty  for  an  [Sect.  9.]    Additional  and  new.  T.  P. 

officer  or  Private  man  refusing  or  neglecting  to  obey  the  orders  of  his  Superior  officer. 

Captain  of  the  [Sect.  12.]    Additional  and  quite  new.  T.  P. 

Troop  Guards  &c.  to  transmit  Lists  of  their  companies  to  Secretary's  office. 

Each  Captain  [Sect.  13.]    Additional  and  quite  new.  T.  P. 

&c.  to  make  — "  Observations  by  Gov.  Pownall  in  his  letter  to  Secretary  Pownall,  Oct.  11, 1757:  ibid.. 

Oath.  /.  i    24. 

••  Boston  15th  Janry,  1758. 
My  Lords, 

It  being  my  duty  to  report  to  Your  Lordships  from  time  to  time  the  measures  of 

my  Administration,  I  humbly  beg  leave  to  lay  before  Your  Lordships  the  several 

matters  I  have  recommended  this  last  Sessions  to  the  Legislature  of  the  Province  I 

have  the  honor  to  command  and  what  has  been  done  thereon. 

Apprehending  that  the  first  step  towards  annoying  the  Enemy  abroad  was  to  be 


[Notes.]  Peovince  Laws.  — 1757-58.  121 

first  sccur'd  at  home,  I  thought  it  my  duty  upon  my  coming  to  the  chair  of  this  Gov- 
ernment to  enquire  how  the  Country  was  nrciiart'd  for  such  Defence.  I  had  occa- 
sion at  my  very  first  entrance  to  know  and  to  tiiid  the  Militia  totally  ruin'd,  inef- 
fectual and  useless,  and  I  have  sinco  upon  enquiry  fi>\ind  that  the  Defence  of  the 
Inland  Frontiers  was  not  more  to  bo  depended  on  in  case  of  any  Incursions  of  the 
Indians.  I  have  propos'd  a  Militia  Law  that  may  be  effectual,  and  tlio'  this  be  a 
point  that  could  never  yet  since  the  existence  of  the  present  Charter  he  carried,  I 
nave  the  happiness  to  acquaint  Your  Lordsliips,  that  I  have  after  one  or  two  unsuc- 
cessfull  attempts  had  the  fortune  this  last  Sessions  to  succeed  in  obtaining  an  Act 
providing  for  the  duely  mustering  arming  &  disciplining  every  able  bodied  man 
within  the  Province  and  further  for  the  regular  ordering  and  governing  of  such 
when  upon  an  Alarm  or  Invasion  call'd  out  to  service. 

I  have  iu  this  Province  thirty  two  Regiments  containing  in  all  upon  the  Alarm 
List  Forty  five  thousand  seven  hundred  and  sixty  four  men  of  which  ;i7,41(i  arc  by 
Jaw  oblig'd  to  train  and  turn  out  into  the  field  upon  any  Alarm  or  Invasion  under 
this  Law— that  now  makes  Mutiny  and  Distortion  death— I  now  therefore  hope 
after  having  modell'd  and  fram'd  this  body  of  men  into  more  and  snuxUer  Regiments 
and  other  Divisions  better  adapted  for  training  &  discijilining  them  to  see  the 
Antient  and  Military  spirit  of  New  England  revive  in  proportion  as  their  Discipline 
reforms. 

I  also  laid  before  tbcm  as  roforr'd  to  in  my  speech  a  Method  (No.  2.)  of  defending 
their  Inland  EYontiers  in  which  I  have  the  pleasure  to  see  them  int  irely  ac(|uie.sce 
and  they  will  make  provision  accordingly." — Extract  from  letter  of  Gov.  Pownall  to 
Lords  of  Trade:  ibid.,  I.  i.,  2.j. 

"  Feb.  14,  1758.  Advised  that  Five  hundred  more  of  the  Acts  lately  passed  the 
General  Court  for  regulating  the  Militia  within  this  Province  be  Printed,  and  dis- 
persed to  the  Captains  of  the  several  Military  Companys  within  the  Province." — Ex- 
ecutive liccords  of  the  Council,  vol.  3,  ji.  ;>.">;•. 

"  March  '2'.i.  ITSS.  In  the  House  of  Representatives.  Whereas  the  great  Scarcity  of 
Labourers  which  will  he  the  natural  consc(iuence  of  so  large  a  Body  of  Forces  as  are 
raised  and  to  be  raised  for  his  Majesty's  Service  within  this  Government  the  present 
Year  makes  it  necessary  that  such  as  are  left  be  not  called  off  from  their  Labour. 

Voted  That  all  Persons  borne  on  the  Alarm  List  be  and  arc  hereby  exempted  from 
all  Military  Musters,  and  other  ^lilitary  Duty,  excepting  in  case  of  Alarm  on  the 
second  and  third  Mondays  in  Ai>ril.  the  first  Monday  in  !May,  and  the  first  Tuesday 
in  Jane  next,  as  enjoined  them  by  an  Act  passed  in  the  last  Sessions  of  this  Court 
intituled  An  Act  in  addition  to  the  several  Acts  of  this  Province  for  regulating  the 
Militia,  and  all  Persons  are  hereby  excused  from  every  Fine  that  might  have  been 
incurred  by  force  of  said  Act  had  this  Exemjition  not  been  made,  as  also  from  tak- 
ing the  Oath  in  said  Act  required  untill  the  last  Monday  in  October  next.  In  Coun- 
cil—Read and  Concurred."  — C'ou)ir<7  licrords,  vol.  XXIL,p.  292. 

§  (J.  '*  June  8,  IT.iS.  To  James  Otis  Esq""  the  sum  of  Sixteen  Pounds  thirteen  shil- 
lings to  discharge  the  Acco'  of  Bayonets  supplied  Capt  Richard  Baxters  Company 
iu  the  Regiment  of  Militia  iinder  his  t'ommand. 

To  Samuel  White  Esqi"  the  sum  of  Forty  nine  Pounds  to  he  by  him  paid  to  whom 
due  for  Bayonets  supplied  part  of  the  Regiment  of  Militia  under  the  Command  of 
Col"  Ephraim  Leonard." — Executive  Records  of  the  Council,  vol.  •'>,p.  40il. 

"  June  14,  17.>S.  To  John  Ashley  and  others  the  sum  of  One  hundred  eighty  two 
Pounds  two  shillings  and  eight  pence  for  Bayonets  supplied  the  Militia  (pursuant  to 
an  Act  for  further  regulating  the  Militia)  agreeable  to  the  Schedule  to  the  Warrant 
annexed." — Ibid.,  p.  411. 

"  June  15,  1758.  Voted  that  no  Warrant  he  Advised  for  the  Providing  of  Bayonets 
for  the  Companies  of  Militia  in  this  Province  unless  the  Cajitain  or  Chief  Officer  of 
the  respective  Companies  t<>  whom  by  Law  it  belonged  to  ]irovide  the  same  and  to 
exhibit  the  Acco'* thereof  shall  in  their  several  Acco'**  so  to  V)e  exhibited  particularly 
mention  the  Names  of  the  Persons  unto  whom  the  same  were  delivered." — Ibid.,  p. 
4i:t. 

"July  7,  1758.  Ordered  in  Council  by  Advice  that  the  several  Officers  of  Militia 
who  have  furnished  any  of  the  Men  in  their  respective  Cojupanies  with  Bayonets, 
do  make  Oath  before  some  Justice  of  the  Peace  to  their  respective  Acco'*,  and  to 
the  List  of  the  Persons  who  received  the  same  before  their  Acco'*  be  allowed  and 
passed."— /6/f/.,  p.  418. 

"Oct.  9,  17.58.  To  Capt.  Peter  Coolidge  and  others  the  sura  of  Two  hundred  sev- 
enty nine  Pounds  thirteen  shillings  to  discharge  their  Acco'"  of  Bayonets  supplied 
the  respective  Military  Companys  imder  their  Command  agreeable  to  an  Act  of  this 
Province  entitled  An  Act  in  Addition  to  the  several  Acts  of  this  Province  for  Regu- 
lating the  Militia." — Ibid.,  p.  4.'!2. 

"  Oct.  14,  17.58.  To  Nathaniel  Coolidge  and  others  the  sum  of  Fifty  eight  Pounds 
ten  shillings  to  discharge  their  respective  Acco"*  for  Bayonets  supplied  the  Military 
Companys  under  their  Command  agreeable  to  Law." — Ibid.,  4.U. 

"  Nov.' 4,  1758.  To  Capt.  Thomas  Cliut(!  and  others  the  sum  of  Sixty  seven  Pounds 
eighteen  shillings  to  discharge  their  Acco'"  of  Bayonets  supplied  the  respective  Com- 
panies of  Militia  under  their  Command  agreeable  to  Law."— /6u/.,;j.  439. 

Chnp.  19.  "  March  Ifi,  17.58.  M'  Flucker  from  the  ITouse  of  Representatives  came 
tip  to  the  Boar<l  with  a  Mc^ssage  proposing  to  ]iroceed  to  the  choice  of  Collectors  of 
Excise  on  Spirituous  Liipiors  by  joint  Ballot  of  the  two  Houses,  to  morrow  3  o'clock 
Afternoon.  Samuel  Danforth  Esq.  from  flu;  Board  informed  the  House  by  Message 
the  Board  agreed  to  the  Proposal  of  the  House  saving  that  they  would  further  jiro- 
pose  to  come  to  the  choice  at  11  o'clock  in  the  Forenoon  —  To  which  the  llouse 
agreed." — Council  liecords,  vol.  XXII.,  p.  272. 


122  Province  Laws.  — 1757-58.  [Notes,] 

"  March  17,  1758.  The  two  Houses  agreeable  to  their  Resolutions  of  Yesterday 
proceeded  to  the  Choice  of  Collectors  of  the  Excise  on  Spirituous  Liquors  hy  joint 
feallot  of  both  Houses,  and  after  counting  &  sorting  the  Votes  by  a  Committee  it 
appeared  that  the  following  Persons  were  chosen  by  a  Major  Vote,  viz' 

For  the  County  of  Suffolk M""  Thomas  Fletcher. 

For  the  County  of  Essex Daniel  Epes  Esq. 

For  the  County  of  Middlesex M^  John  Remington 

For  the  County  of  Hampshire M'  Gad  Lyman 

For  the  County  of  Worcester Gardner  Ciiandler  Esq 

For  the  County  of  Plymouth M""  Israel  Turner 

For  the  County  of  Barnstable M""  Daniel  Davis 

For  the  County  of  Bristol M""  Seth  Williams  Junf 

For  tlie  County  of  York M^  Daniel  Clarke 

For  the  County  of  Dukes  County M>'  Ichabod  Wiswall 

For  the  County  of  Nantucket Johu  Bunker  Esq." 

—Ibid.,  p.  275. 

"  February  1, 1760.  In  the  House  of  Representatives.  The  Petitions  of  John  Erv- 
ing  junf  Mess"  Gilbert  Deblois,  William  Wliitwell  and  William  Hunt  were  read 
again  and  the  following  Resolve  passed  viz' 

Whereas  the  Petitioners  have  confessed  Judgment  at  the  last  Inferior  Court  of 
Common  Pleas  for  the  County  of  Suffolk  for  breach  of  the  Act  of  Excise  Anno  1757 
and  incurred  the  penalty  of  £200— each  two  thirds  whereof  is  due  to  this  Govern- 
ment and  one  third  to  the  Collector  of  Excise.  And  Whereas  it  appears  that  there 
was  no  intentional  Fraud  in  the  Petitioners  and  that  the  Collector  has  rec^eived  his 
Dues  for  Excise,  and  so  no  injury  has  incurred  to  the  Government  —Therefore  Re- 
solved That  the  Governments  part  of  the  Fine  be  remitted  to  the  Petitioners 
respectively.  In  Council.  Read  and  Concurred  Consented  to  by  the  Governor." 
—Ibid.,  vol.  XXIII.,p.  239. 

Chap.  20.  The  act  of  1752-53,  chap.  15,  was  extremely  obnoxious  to  the  Baptists, 
whose  efforts  to  secure  its  modification  or  repeal  are  detailed  in  the  following  peti- 
tions. Although  these  petitions  were  summarily  dismissed,  it  would  seem  that  they, 
eventually,  procured  the  desired  relief;  for  the  act  of  the  present  year  was  revived 
and  continued  until  Jan.  1771,  before  which  time  a  still  more  favorable  act  was 
passed  (1770-71,  chap.  10.)  in  which  the  Legislature  showed  such  deference  to  the 
feelings  of  the  Baptists  as  to  designate  them,  in  the  title  and  body  of  the  act,  "  An- 
tipedobaptists  "  instead  of  "  Anabaptists  "  as  formerly.  This  last  act  was  succeeded 
by  the  act  of  1774-75,  chap.  6,  which  was  continued  in  force  after  the  adoption  of  the 
Constitution.  See,  also,  the  action  of  the  Privy  Council  on  chapter  5,  of  1768,  note, 
post. 

"  To  His  Excellency  William  Shirley  Esq''  Captain  General  and  Governour  in 
Chief  in  and  over  His  Majesty's  Province  of  the  Massachusetts  Bay  in  New  England, 
and  to  the  Hon'^'e  His  Majesty's  Council  and  the  Hon^ie  House  of  Representatives  in 
General  Court  Assembled  at  Boston  the  2!)'h  Day  of  May  Anno  Domini,  1754. 

The  Memorial  aud  Remonstrance  of  Thomas  Green,  Thomas  Boucher,  Ebenezer 
Moulton,  Ephraim  Bosworth,  Joseph  Collins,  Phillip  Freeman,  Joseph  Gould, 
Thomas  Cheney  and  John  Procter  a  Committee  appointed  in  behalf  of  several 
Society's  of  the  People  called  Baptists  Inhabitants  within  the  said  Province, — 
Humbly  set  forth. 

That  in  the  Royal  Charter  granted  by  their  Majesty's  King  William  and  Queen 
Mary  to  the  Inhabitants  of  this  Province,  wherein  Your  Memorialists,  and  all  their 
Brethren  of  the  said  Baptist  Persuasion  are  included,  Their  said  Majesty's  were 
graciously  pleased  to  Ordain,  That  We  and  every  of  Us,  and  Our  Children,  that 
should  be  born  here,  or  on  the  Seas  in  coming  here  or  returning  from  lience  shall 
have  and  enjoy  all  Libertys  and  Immunities  of  free  and  Natural  Subjects,  to  all 
Intents  Constructions  and  Purposes  whatsoever,  as  if  We,  and  every  of  them 
were  born  within  the  Realm  of  England,  and  for  Our  further  Ease  &  Encourage- 
ment, Their  said  Majesty's  of  their  Princely  Wisdom,  Royal  Grace  and  Meer  Motion 
did  further  Grant  Establish  and  Ordain  to  Us,  under  the  mildest  Appellations  of 
Loving  SuVijects,  Our  being  denominated  Anabaptists  in  any  wise  Notwithstand- 
ing, That  there  shall  be  Liberty  of  Conscience  allowed  in  the  Worship  of  GOD  to 
all  Christians,  except  Papists,  inhabiting  or  which  shall  inhabit  or  be  resident 
within  this  Province  or  Territory — From  these  summary  Abstracts,  May  it  please 
Your  Excellency  aud  Honours,  We  Apprehend  it  plainly  Appeareth  that  Your 
Memorialists,  in  their  said  Capacity,  and  all  other  His  Majesty's  good  Subjects  of 
the  Baptist  persuasion  whether  they  be  denominated  by  the  Terms  of  General  or 
Particular  Baptists,  Learned  or  lUeterate,  it  matters  not,  in  point  of  the  Royal  Indul- 
gence to  them  so  graciously  and  freely  granted,  but  that  they  and  every  of  them,  his 
Majesty's  Loyal  and  loving  Subjects  of  the  said  Baptist  Persuasion,  have  as  good 
Ample  and  Extensive  a  Eiight  to  Think  and  Act  for  themselves  in  matters  of  a 
Religious  nature,  and  have  indeed  as  Absolute  and  Unlimited  an  Indulgence  to 
perform  the  Worship  of  Almighty  GOD,  consonant  to  their  Conciences,  and  that 
with  Impunity,  as  any,  or  all  and  every  of  the  other  respective  Dissenting  Churches 
and  Societys  within  this  his  Majesty's  Province  or  Territory  Whomsoever,  be 
they  Congregationalists,  Independents,  Presbyterians  or  however  otherwise  de- 
nominated. These  points  being  thus  briefly  Premised,  In  which  We  pray  that  this 
Honbic  Court  will  not  look  with  a  Severe  Eye  on  your  Remonstrants  in  that  they 
insist  upon  and  claim  their  Priviledges  by  birth  right,  more  especially  when  it  is 
considered,  that  so  long  since,  as  from  the  Year  1692,  to  the  Year  1728,  Our  said 
Brethren  of  the  Baptist  Persuasion,  Inhabitants  of  this  Province,  have  been  more 
or  less  harrassed  and  Oppressed  with  Ministerial  Rates  so  called,  And  notwith- 


[Notes.]  Province  Laws.  — 1757-58.  123 

standing  the  express  Royal  Indulgence  to  them  granted,  by  the  Charter  as  before 
mentioned,  have  with  a  high  hand  and  by  Compulsion,  contrary  thereunto,  been 
enforced  to  pay  Ministerial  Taxes  for  the  Maintenance  of  such  Ministers  as  are  in 
Fact  Dissenters  themselves,  and  ujion  whose  Ecclesiastical  Administrations,  Our 
said  Brethren,  could  not  in  point  of  Conscience  Attend,  and  for  their  refusal  to  pay 
such  Ministers  Rates,  have  oftentimes,  had  their  Bodies  Seized  upon  and  thrown 
into  the  common  (ioal  as  Malefactors,  and  their  Cattle  Swine  Horses  Uousehold  fur- 
niture and  Implements  of  Husbandry  forceably  distrained  from  them  &  shamefully 
Sold,  many  times,  at  not  One  quarter  part  of  the  just  Value  by  reason  that  People 
of  real  Virtue  and  Goodness  were  generally  disinclined  to  buy  or  even  bid  at  such 
sort  of  Coercive  Outcrys,  whereby  the  Estates  of  Our  said  Brethren  became  a  Prey 
to  Grilling  Olhcers  &  tlieir  Attendants,  forasmuch  as  generallj'  speaking  the  Bill  of 
Charges  brought  by  the  distraining  Otticer  for  himself  and  his  Assistants,  would  be 
so  Swelled,  inclusive  of  the  Ministerial  Kate  as  nearly  to  couuterliallance  the 
several  Articles  distrained  from  Our  brethren  aforesaid— It  is  with  Regret,  that 
We  find  Ourselves  Compelled  to  look  back  so  many  years  past,  on  the  repeated 
Usurpations  over  the  Bodies  &  Estates  of  Our  said  brethren,  &  however  disagree- 
able the  Retrospect  maj'  be,  it  is,  indeed.  We  think  at  this  Juncture  become  quite 
necessary  (as  perhaps  may  ap])ear  in  the  Secjuel)  in  order  the  m(ir(>  clearly  to  convfsy 
a  just  conception  of  Our  Grievances  to  Your  Excellency  and  Jlonours,  to  unfold 
things  as  they  then  really  Existed.  Inasmuch  as  from  the  like  Injurious  Fountain 
of  Ministerial  Assessments.  Our  present  Oppressions  derive  their  Origin,  With  all 
due  difference,  therefore  Your  Memorialists  proceed  further  to  Observe,  Tiiat  the 
heavy  Pressures  &  Afflictions  occasioned  by  the  aforerecited  distraints  Imprison- 
ments and  the  Losses  consequent  th(!reupon  for  Ministerial  Taxes,  made  many  of 
the  said  Baptists  bend,  almost  ruined  some  of  Our  People,  and  disheartned  others 
to  such  a  degree,  that  they  Moved  with  the  remaining  Effects  they  had  left  out  of 
this  Province!,  We  have  herein,  in  tlie  abovementioned  state  of  Our  Case,  been 
briefly,  and  in  One  general  View  pointing  from  the  Year  1692  down  to  the  Year  1728, 
at  which  last  mentioned  time  alTairs  seemed  to  be  drawing  to  a  Crisis,  Ministerial 
Taxes  were  drove  with  Vehemence',  through  the  Province  (Excepting  the  Town  of 
Boston,  and  some  few  other  Towns)  even  Episcopalians,  as  well  as  Baptists  and 
Quakers,  were  indiscriminatc^ly  laid  hold  on,  and  some  Imprisoned  for  Ministers 
Rates,  Four  of  Our  Friends  &  Brethren  about  this  time  were  brought  down  out  of 
the  Countrey,  &  thrown  into  Boston  Goal,  which  when  Lieu'  Governour  Dummer 
who  was  then  at  the  Head  of  the  Government,  had  information  of,  he  expressed  a 
singular  displeasure  at  such  harsh  proceedings,  &  forthwith  Ordered  them  out  of 
Prison  with  free  liberty  to  return  home  to  their  respective  Families — Our  Friends 
and  Neighbours  the  said  People  called  Quakers,  and  Our  said  brethren,  the  Bap- 
tists, being  no  longer  able  to  endure  these  continued  Impositions  &  Severitys,  by 
their  respective  Memorials  made  Application  Once  &  again  to  the  General  Court 
for  relief,  which  at  length  after  considerable  Cost  &  Charge  to  the  Memorialists, 
produced  the  first  Act  of  Exemption  so  called,  Intitled  An  Act  to  Exempt  Persons 
commonly  called  Anabaptists,  and  those  called  Quakers  within  this  Province  from 
being  Taxed  for  and  towards  the  Support  of  iNIinisters,  This  was  in  the  first  & 
second  Years  of  his  present  Majesty's  Reign,  but  as  this  Act  only  Exempted  their 
Polls  and  not  their  Kstates,  &  being  remarkably  limited  to  such  Persons  only  as 
lived  within  Five  Miles  of  the  place  of  Meeting,  it  was  bantered  and  laughed  at 
even  by  some  of  the  principal  Gentlemen  of  the  then  General  Assembly  &  called 
in  Derision  tlie  five  Mile  Act,  in  Allusion  to  the  famous  Act  made  in  England 
against  the  Dissenters  in  the  Angry  persecuting  times  of  King  Charles  the  Second,  [17  Car.  U.] 
— Both  Bajitists  and  Quakers  hereupon  renewed  their  Applications  to  the  General 
Court  determining  if  they  could  not  Obtain  further  relief  here  to  carry  home  their 
several  Comphiints  to  the  King  where  they  W(!rc  well  assure<l  of  full  redress — This 
produced  a  second  Act  in  the  Year,  172".t,  wherein  the  Baptists  &  Quakers  were 
Exempted  both  as  to  Polls  &  Estates  but  clogged  however  with  a  limitation  for 
less  than  five  years,  at  the  Expiration  of  this  second  Act  which  brings  Us  to  the 
Years  IT.'?.'?  &  17.'>4,  Our  .said  Brethren  were  again  Obliged  to  apply  to  the  General 
Assembly,  Governour  Belcher  being  then  in  the  Chair,  And  an  Excellent  Friend 
he  really  was  to  the  Baptists  &  Quakers  through  the  wlioh;  of  his  Administration, 
nor  can  We  Omit  in  point  of  gratitude  further  to  declare  in  this  Our  Memorial  that 
the  late  mentioned  &  trulj'  Hon'''''  Lieu'  Governour  Dummer  was  indeed  Our  good 
Friend  &  quite  Averse  to  every  thing  tending  to  Oppress  the  Quakers  &  Baptists 
— In  the  Year  17.14,  upon  Application  again  made  as  aforesaid  A  Third  Act  passed 
to  Exempt  Persons  commonly  called  Anabaptists  from  Ministerial  Taxes  this 
third  Act  was  more  clear  accurate  &  better  drawn  than  either  of  the  former  & 
therein  it  is  expressly  set  forth  Tliat  to  the  intent  it  may  be  better  known  what 
Persons  are  of  that  Persuasion  &  who  are  Exempted  by  this  Act,  That  the  Assessors 
of  each  Town  where  any  of  the  said  Analiaptists  live  or  their  Lands  in  their  own 
Actual  Improvement  lye,  shall  take  a  List  of  all  such  Persons  &  forthwith  transmit 
the  same  to  the  Clerk  of  the  Town,  which  list  shall  be  entred  on  the  Record  of 
such  Town  by  the  Clerk,  that  so  any  of  the  People  called  Anabaptists  or  any  Mem- 
bers of  their  Society  thereto  appointed  may  View  such  List,  have  a  Co])y  thereof  if 
they  desire  the  same  paying  only  Six  pence  therefor.  And  if  any  Person  of  that 
denomination  shall  be  Oniitteul  in  such  List  by  tlu^  Assessors  taken  and  the  Asses- 
sors shall  be  Certilied  thereof  in  Writing  under  the  hands  of  Two  Princijial  Mem- 
bers of  that  Persuasion  ajipointed  thereto  by  the  respective  Societys,  that  such 
Pei-sons  not  inserted  in  their  List  they  believe  to  be  Conscientiously  of  their  Per- 
suasion &  they  do  frequently  &  Usually  Attend  their  Meeting  for  the  Worship  of 
GOD  on  the  LOIIDS  Day,  the  Asses.sors  shall  also  Exempt  the  said  Persons  so 
Omitted  &  their  Estates  in  their  Actual  Management  &  Improvement  as  well  as  all 


124  Peovincb  Laws.  — 1757-58.  [Notes.] 

others  inserted  in  tlie  said  Lists  from  all  Rates  &  Taxes  by  the  said  Assessors  to  be 
made  for  the  Support  of  the  Minister  or  Ministers  in  tlieir  Towns  or  for  Ei'ecting 
places  of  Publick  Worship,  this  Act  to  continue  for  Five  years  &c'"— Our  Oppres- 
sions on  Account  of  Ministerial  Taxes  as  aforesaid  seemed  now  to  appear  upon  the 
decline,  yet  nevertheless  in  reallity  have  in  a  considerable  measure  been  continued 
throughout  every  of  the  said  Acts  by  reason  that  as  in  the  former,  so  also  in  the 
last  recited  Act  there  was  no  Sanction,  no  Penalty  annexed  on  the  said  Assessors 
for  their  default  of  not  doing  their  Duty  in  taking  such  Lists  of  the  People  called 
Anabaptists  in  their  respective  Towns  as  the  Act  directed— And  when  Our  said 
Brethren  haA'^e  at  sometimes  reminded  the  Assessors  of  their  Omissions  herein,  They 
were  generally  Snubbed  &  in  a  Contemptuous  manner  Answered  That  the  Asses- 
sors knew  nothing  of  any  such  Act,  nor  would  they  concern  themselves  therein, 
Other  Assessors  more  knowing  &  Intelligent  insisted  upon  it  that  as  there  was  no 
Penalty  affixed  on  the  Nonperformance  of  taking  such  Lists  of  the  Analtaptists  in 
their  respective  Towns  They  would  not  trouble  their  heads  about  it.  So  that  in 
most  if  not  every  Town  of  this  Province  where  Our  said  Brethren  dwell,  no  such 
Lists  as  the  said  Act  points  out  were  ever  taken,  or  at  least  that  We  could  ever  come 
to  the  knowledge  of.  Which  Omissions  of  Consequence  exposed  several  of  Our 
brethren  to  Journeyings  some  of  Forty  Miles,  others  to  a  more  &  less  distance  in 
Order  to  procure  Certificates  from  their  respective  Societys  that  they  were  Baptists, 
The  loss  of  Time  Travel  &  Expences  from  hence  Occasioned,  has  sometimes 
Amounted  to  more  than  the  Ministerial  Tax— Upon  the  Expiration  of  this  third 
Act  the  Baptists  were  again  for  the  Fourth  time  exposed  to  the  further  Trouble 
Cost  &  Charge  to  apply  to  the  General  Court  for  a  renewed  Exemption  which  at 
length  produced  a  Fourth  Act  of  the  like  Tenor  &  Import  with  the  Act  last  before 
recited  (which  brings  Us  to  the  Year  1740)  &  this  fourth  Act  was  Enacted  to  be  in 
force  for  the  term  of  Seven  Years,  during  all  which  time  last  expressed  the  said 
Assessors  persisted  to  the  great  detriment  of  Our  said  Brethren  in  their  Omissions 
as  aforesaid  this  said  last  Act  being  as  utterly  void  of  any  Penalty  on  them  for 
their  Neglect  as  the  former.  We  are  now  coming  to  a  more  hap])y  Epocha — namely, 
to  the  Year  1747,  under  the  Mild  &  good  Government  of  Your  Excellency, — At  the 
Expiration  of  this  fourth  &  last  Act  which  was  to  end  in  the  said  Year  1747,  Our 
said  brethren,  many  of  them,  being  near  worn  out  with  so  many  Applications  & 
repeated  Struglings  to  Obtain  a  just  redress  of  their  Grievances  as  aforesaid,  were 
determined  to  make  Application  to  His  Majesty  but  so  it  remarkably  came  to  pass 
that  in  this  very  Year  of  1747,  the  General  Assembly  of  this  Province  made  an  Act 
for  reviving  &  continuing  sundry  Laws  expired  or  near  expiring  wherein  the  Act  to 
Exempt  Persons  commonly  called  Quakers  &  also  the  Act  further  to  Exempt  Per- 
sons commonly  called  Anabaptists  &  every  Clause  Article  &  thing  therein  contained 
were  Revived  Continued  &  to  remain  in  full  force  Ten  Years  from  the  Publication 
of  this  Act,  Your  Excellency,  His  Majesty's  Council  &  the  House  of  Representa- 
tives therein  publickly,  like  Wise  &  good  Legislators,  declaring  in  so  many  Words 
that  the  aforesaid  Laws  (to  Exempt  the  said  Quakers  &  Baptists)  have  by  Experi- 
ence been  found  beneficial  &  necessary — This  was  the  most  Generous  just  &  kind 
Treatment  that  the  Baptists  &  Quakers  ever  experienced  from  the  General  Assem- 
bly of  the  Massachusetts  Bay  &  inasmuch  as  it  was  purely  the  effect  of  their  own 
good  Will  &  meer  motion,  not  being  SoUicited  therefor,  &  the  Exemption  extended 
to  a  longer  term  of  Years  than  any  of  the  former  Acts  it  was  still  tiie  more  lienefi- 
cient  &  failed  not  to  peneti-ate  the  hearts  of  all  Our  People  with  proportionate 
Sentiments  of  Real  thankfulness  to  the  whole  General  Court,  &  in  a  singular 
manner  to  Your  Excellency  under  whose  Serene  Administration  it  had  its'  first 
Operation,  The  Baptists  now  &  with  good  reason  as  might  be  supposed  justly 
Expected  after  all  their  former  Tossings  Conflicts  &  Afflictions  to  have  enjoyed 
Peace  &  Rest  in  the  Land,  for  at  least  the  term  of  Ten  Years  commencing  as  afore- 
said, but  these  their  Expectations  were  it  seems  soon  cut  down  &  Withered  For  so 
indeed  it  was  that  sometime  about  the  beginning  of  the  last  Year  1753,  Your  Excel- 
lency, unhappily  for  Us,  being  then  in  Europe,  Tliat  the  Lieu'  Governour,  Council 
&  House  of  Representatives  passed  An  Act  which  is  Surprisingly  Intitled  '  An 
'Act  in  Addition  to  an  Act  passed  the  13">  Year  of  His  present  Majesty's  Reign, 
'  Intitled  "  An  Act  further  to  Exempt  Persons  commonly  called  Anabaptists  within 
'"this  Province  from  being  Taxed  for  and  towards  the  Support  of  Ministers.'" 
which  runs  thus — 

"  Whereas  notwithstanding  the  Provision  already  made  by  An  Act  made  &  passed 
"  in  the  13*  Year  of  His  present  Majesty's  Reign  Intitled  '  An  Act  further  to  Ex- 
"  '  empt  Persons  commonly  called  Anabaptists  within  this  Province  from  being  Taxed 
'"for  &  towards  the  Support  of  Ministers  in  Order  to  Ascertain  &  make  known 
"  '  what  Persons  are  of  that  Persuasion  which  denominates  them  Anabaptists,  &  who 
" '  shall  enjoy  the  Priviledges  &  be  esteemed  as  Intitled  to  the  Exemption  from 
"  '  Taxes  &c.  in  said  Act  mentioned,  many  doubts  have  already  arisen  thereon  &  in 
"  '  many  Cases  the  said  Exemption  has  been  extended  to  many  Persons  to  whom  the 
"  '  same  was  never  designed  to  Extend,  For  preventing  thereof  for  the  future  &  in 
"  '  Order  to  Ascertain  more  effectually  what  Persons  shall  be  Esteemed  &  Accounted 
"  '  as  Anabaptists  &  to  whom  the  said  Exemptions  shall  be  hereafter  extended  Be  it 
"  '  Enacted  by  the  Lieu'  Governour,  Council  &  House  of  Representatives,  That  no 
"  '  Person  for  the  future  shall  be  so  Esteemed  to  be  an  Anabaptist  as  to  have  his  Poll 
"  'or  Polls  &  Estate  Exempted  from  paying  a  proportionate  part  of  the  Taxes  that 
"  'shall  be  raised  in  the  Town  or  Place  where  he  or  they  belong,  but  such  whose 
"  '  names  shall  be  contained  in  the  Lists  taken  by  the  Assessors  as  in  said  Act  pro- 
"  '  vided,  or  such  as  shall  produce  a  Certificate  under  the  hands  of  the  Minister  &  of 
"  '  Two  i)rincipal  Members  of  such  Church  setting  forth,  that  they  Conscientiously 


[Notes.]  Peovince  Laws.  — 1757-58.  125 

"  '  believe  such  Person  or  Persons  to  be  of  their  Persuasion  &  that  he  or  they  Usually 
"  '  &  frequently  Attend  the  Publick  Worship  in  such  Church  on  LORDS  Days. 

"  '  And  be  it  further  Enacted,  That  ?)')  Miiiisfi>r  nor  tlie  Mcntbrrs  of  any  Anabaptist 
"  '  Churchas  aforesaid  shall  be  Esteemed  qiuililied  togive  such  Certitieate  as  aforesaid, 
"  '  other  than  such  as  shall  have  Obtained/coH*  three  other  Chnrchi-s  eouimonly  called 
" '  Annabaptiats  in  this  or  the  Neighbouring  Provinces,  a  Certificate  from  each  respcct- 
"  '  ivclij  That  they  esteem  such  Church  to  be  One  of  their  denomination  &  that  they 
"  '  Conscientiously  lielicve  them  to  be  Anabaptists,  The  several  Certificates  aforesaid 
'"  to  be  Lodged  with  the  Town  Clerk  where  the  Anabaptists  (desiring  such  Exemjv 
"  '  tion)  dwells,  sometime  betwixt  the  liaising  or  Granting  of  the  Tax  &  the  Assess- 
"  '  ment  of  the  same  on  the  Inhabitants,  This  Act  to  continue  &  Ik'  in  force  for  Eive 

" '  Years  from  the  Publication  thereof  and  no  longer. '"« This  truly  strange  sort  of 

An  Act  Your  Remonstrants  have  herein  as  above  transcribed  at  large  as  it  stauds 
and  present  the  same  in  Open  View  to  Your  Excellency  &  this  Hon**'"  Court,  with 
all  respectful  Modesty  and  defference  craving  leave  to  Observe  That  as  there  is  no 
Legislative  Power  or  Authority  whatsoever  Existing  in  this  His  Majesty's  Province 
of  the  Massachusetts  Ray  but  what  stauds  Subjected  &  Answerable  to  a  much 
higher  Tribunal  at  Home,"  And  Whereas  there  seems  to  be  a  great  Probability  from 
the  continued  ill  Treatment  which  Our  Ancestors  &  AVe  of  the  Baptist  Persuasion 
now  Surviving  have  undergone  in  this  Province  and  the  same  ill  Spirit  being  at  this 
Day  in  many  Towns  too  Predominant,  That  Our  just  Complaints  thereujiou  (unless 
fuliy  redressed  here)  must  of  course  be  .'sent  home;  For  these  reasons  therefore 
Wehumbly  pray  of  Your  Excellency  &  this  IIon'*ie  Court  that  Your  JNIeinorialists 
may  not  lie  looked  upon  in  a  Culpable  Light,  When  AVe  Complain  and  Remonstrate 
v.itli  all  just  freedom  &  Openess  of  mind  becoming  Free  Men,  good  I'rcjtestants  & 
Loyal  Subjects  of  His  Majesty  against  the  said  Act  passed  by  the  said  Ijieu'  Gov- 
cniour  Council  and  House  of  Representatives,  as  being  contrary  to  the  Liberty  of 
Conscience  to  Us  granted  by  the  Royal  Charter  as  aforesaid,  and  Rei)Ugnant  to  the 
Laws  of  England,  and  which  hath  as  far  as  therein  Lay  Disfranchised  Unchurched 
&  Usurped  an  Illegal  Power  over  all  the  Religious  Societys  of  the  People  in  the 
said  Act  called  Anabaptists  throughout  this  His  Majesty's  Province  of  the  Massa<- 
chusetts  Bay  &  moreover  Subjected  each  &  every  Anabaptist  Church  in  the  Prov- 
ince in  a  very  unreasonable  &  unheard  of  manner  to  a  New  Sort  of  a  Spiritual 
Court  consisting  at  least  of  Three  other  Anabaptist  Churches,  as  the  Act  calls  them, 
to  give  each  of  them  a  Certificate  respectively,  &  for  what,  why  truly  that  an  Ana- 
baptist Church  is  truly  an  Anabaptist  Church  so  that  indeed  it  is  necessary  )iy  this 
Act  that  Four  Anabaptist  Churches  must  be  Co-operating  together  in  this  jinubled 
decision,  for  not  less  than  three  in  number  can  be  suflicient  in  the  Eye  of  this  Act 
to  Certify  for  One  other  which  makes  the  Fourth,  But  may  it  please  Your  Excellency 
&  Honours  where  is  it  possible  for  the  poor  Anabaptists  to  find  in  this  or  the  Neigh- 
bouring Provinces,  or  indeed  in  all  the  World  the  First  three  Authenticated  Ana- 
baptist Ministers  &  Churches  to  Certify  &  Authenticate  the  first  Three— Over  & 
above  the  obvious  Absurtlities  in  this  Unreasonable  Act  the  Severity  thereof  is 
remarkable  in  Exposing  of  Our  said  brethren  to  the  Loss  of  so  much  time  &  the 
oonsideral)Ie  Charge  &  Expence  which  necessarily  must  arise  in  Joiu-neyiugs  to  and 
fro  in  this  Province  &  the  Neighbouring  Provinces  in  j)ursuit  of  such  Chimerical 
Certificates  utterly  impossible  to  be  Obtained — Always  heretofore,  until  such  time 
that  this  Famous  Act  was  made  the  People  commonly  called  Anabaptists  in  all 
places  where  they  reside,  as  well  in  this  Province  as  every  where  else,  were  looked 
upon  to  b(!  such  by  Professing  themselves  to  lie  of  that  Persuasion  &  by  their  Usu- 
ally &  frequently  Attending  the  Worship  of  GOD  with  the  People  of  that  denomi- 
nation when  Ojiportnuity  so  presented.  As  also  by  their  distinguishing  Charracter- 
istick  of  Immersing  or  Dipping  the  Person  Baptised  in  Water — And  tlie  Assessors 
in  every  Town  where  such  Anabaptist  or  Anabaptists  dwells  were  expressly 
Ordered  as  aforesaid  to  take  a  L;stof  all  such  Persons  that  they  might  be  Exempted 
accordingly  (without  their  being  drove  about,  either  in  the  Province,  or  Out  of  it, 
to  Imnt  for  Certificates)  and  of  the  repeated  Omissions  of  the  Assessors  in  doing 
their  duty  herein  as  the  Acts  directed  We  have  as  herein  before  Observed,  often 
('omplaincd,  but  to  no  Effect — For  which  reasons  (&  many  others  which  might  be 
Offered)  the  said  People  called  Anabaptists  ought  not  to  be  exposed  as  abovcsaid 
to  such  Unreasonable  Dithculties,  Costs,  Loss  of  Time  &  Damages  which  this  vio- 
lent Act  subjects  them  to,  And  what  still  adds  an  Aggrevation  liereto  is  the  further 
Contemplation  That  Ilis  Ilonour  the  Lieu'  Governour,  the  Council  &  the  House  of 
Representatives  that  made  tliis  Act,  Were  almost  all  if  not  every  One  of  them  Dis- 
senters themselves  from  the  Church  of  England  as  well  as  the  ])oor  Anabaptists 
against  whom  this  Act  so  sorely  Militates,  &  which  hath  Effectually,  tho'  Covertly, 
Revoked  Repealed  &  made  void  the  Tiui  Years  revival  Of  the  Act  made  for  Our 
relief  and  Exemption  as  aforesaid.  And  in  Lieu  thereof  set  up  an  Inquisition  in  this 
Province  among  His  Majesty's  Protestant  Subjects  called  Anabaptists,  which  Our 
said  Constituents  &  Your  Memorialists  are  fully  determined  at  all  events  n(>v(>r  to 
Submit  to.  It  is  well  known  that  His  Majesty  justly  expecteth.  As  the  Charter 
plainly  points  out  &  expressly  declareth,  That  all  his  loving  Subjects  of  every 
denomination  of  Protestants  in  this  Province  shall  have  Liberty  of  (Conscience  & 
be  Religiously  Peaceably  &  Civilly  Governed  Protected  and  Defended  that  so  the 
Indian  Natives  maybe  won  to  tiie  Christian  Faith,  But  is  this  indeed  Liberty  of 
Conscience  for  One  "great  Party  of  Protestant  Dissenters  of  this  I'rovincr;  commonly 
called  Congregationalists,  Violently  to  lay  hold  of  a  nmch  less  &  more  feeble  Party 
of  their  fellow  Dissenters  in  this  Province  commonly  called  Anabaptists  standing 
upon  an  equal  level  in  the  Royal  Act  of  Indulgence  with  the  other  I'rotestant  Dis- 
senters And  forceablv  to  Compel  the  said  Anabaptists  to  pay  Ministerial  Rates  & 
Taxes  against  their  Consciences  to  Dissenting  Ministers  of  quite  another  Denorai- 


126  Province  Laws.  — 1757-58.  [Notes.] 

nation  &  on  whose  Ecclesiastical  Administrations  Our  said  brethren  do  not  Attend 
&  for  such  their  just  &  reasonable  refusal  to  pay  such  Ministerial  Rates  to  be  har- 
rassed  Impoverished  Imjirisoned  &  their  Estates  Crumbled  &  distrained  away  from 
them  as  very  lately  &  notoriously  has  been  the  distressed  Case  of  several  of  Our 
brethren  in  the  County  of  Worcester  (more  especially  in  the  Towns  of  Upton  &  Stur- 
bridge  to  a  surprizing  degree)  and  are  such  proceedings  as  these  the  blessed  EfEects 
of  being  Religiously  Peaceably  &  Civilly  Governed  Protected  &  Defended,  and  can 
a  sight  of  such  Avaritious  transactions  be  the  likely  means  to  Win  over  the  Indian 
Natives  to  the  Christian  Religion — Even  Boston  Goal  it  seems  unhappily  begins 
anew  to  be  the  Receirtacle  for  such  of  the  Countrey  Baptists  in  the  County  of 
Suffolk  that  refuse  to  pay  Ministerial  Rates,  An  Ancient  Man  named  Eleazer 
Adams  a  Substantial  Freeholder  of  Medway  &  a  Constant  Attender  for  several 
Years  past  on  the  Baptist  Meeting  at  Bellingham  was  brought  away  from  his  own 
House  Twenty  Seven  Miles  distance  &  Committed  Close  Prisoner  in  said  Goal  the 
10"i  of  AjDril  last,  And  not  long  before  another  Man  named  Jesse  Hol brook  of  Bell- 
ingham a  Constant  Worshipper  with  the  said  Baptists  was  Committed  to  Boston 
Goal  for  the  Ministers  Rate  of  Wrentham,  all  Bail  being  refused. — Your  Memorial- 
ists, May  it  please  Your  Excellency  &  this  Honb'e  Court,  are  Ordered  by  their  said 
Brethren  &  Constituents  in  a  serious  manner  to  Remonstrate  against  this  last  men- 
tioned Act  of  the  Lieu'  Governour  Council  &  House  of  Representatives  as  a  Mani- 
fest Infringment  upon  the  Natural  &  Religious  Rights  of  the  said  People  therein 
called  Anabaptists  and  further  to  Remonstrate  &  Complain  against  all  and  every 
other  Act  and  Acts  whatsoever  heretofore  made  in  this  His  IMajesty's  Province  of 
the  Massachusetts  Bay  AVherein  the  said  People  called  Anabaptists  were  Enforced 
or  in  any  other  shape  Compelled  to  pay  such  Ministerial  Rates  as  aforesaid  Inas- 
much as  all  such  Payments  are  contrary  to  their  Consciences  &  tliat  all  such  Acts 
Laws  &  Ordinances  to  Force  &  Compel  them  thereto  are  contrary  to  the  Liberty  of 
Conscience  to  them  so  freely  held  forth  in  the  Royal  Charter  &  unto  them  Given  & 
Granted  as  extensively  &  upon  as  good  a  footing  without  reserve  as  to  any  other  all 
or  either  of  His  Majesty's  Protestant  Subjects  of  this  Province  whomsoever,  And 
that  therefore  the  said  People  commonly  called  Anabaptists  in  this  Province  are  & 
ought  to  be  by  the  said  Royal  Charter  in  all  jioints  of  a  Religious  Nature  equally  as 
Independent  «&  free  from  all  Spiritual  Subordination  &  Ghostly  Subjection  to  any 
other  Denomination  or  Denominations  of  Protestant  Dissenters  of  this  Province, 
As  They  or  either  of  the  said  Denominations  are  &  ought  to  be  free  &  Independent 
in  Religious  matters  from  the  People  called  Anabaptists,  From  hence  your  Remon- 
strants, with  all  just  deference,  apprehend  it  of  course  followeth,  Tliat  however 
large  or  more  Numerous  One  Denomination  of  Protestant  Dissenters  in  this  Prov- 
ince may  increase  in  People  &  thereby  become  above  another  Denomination,  even 
to  be  so  Numerous  as  to  gain  si;ch  an  Ascendant  as  to  make  up  the  whole  Legisla- 
tive Power  in  all  its  parts.  Yet  nevertheless  such  Denomination  as  last  mentioned, 
derive  not  therefrom  any  Authority  whereby  to  make  any  Act  or  Acts  whatsoever 
to  Oppress  Afflict  or  unjustly  Subordinate  the  less  or  more  feeble  Denominations 
of  His  Majesty's  Protestant  Subjects  of  this  Province  in  matters  of  Religion  & 
Conscience,  And  were  it  indeed  the  Case  that  such  an  Act  or  Acts  as  last  men- 
tioned may  have  heretofore  been  made  in  this  Province,  &  Sent  Home  for  the 
Royal  Approbation  &  not  Disapprobated  in  Three  Years  it  Avails  not  the  least  in 
this  Case  nor  is  any  strength  force  or  Efficacy  whatsoever  thereby  added  to  such  an 
Act  or  Acts,  They  being  contrary  to  the  Charter  as  aforesaid  &  Repugnant  to  the 
Laws  of  England.  And  in  point  of  Law  (as  Your  Memorialists  are  informed)  Such 
Repugnant  Act  or  Acts  never  had  nor  can  have  any  Existence  unless  the  Charter 
were  Vacated— We  humbly  crave  Your  Excellency's  Clemency  &  this  Hon^e 
Courts  favourable  goodness,  for  extending  this  Our  Memorial  «&  Remonstrance  to 
such  an  Unusual  Length  made  so  by  the  long  continued  Oppressions  productive 
thereof,  further  humbly  praying  that  the  said  Act  passed  by  the  Lieu'  Governour 
Council  &  House  of  Representatives  may  be  Repealed,  And  that  an  Act  may  be 
made  &  passed  Totally  &  forever  to  Exempt  the  said  People  commonly  called 
Anabaptists  &  every  of  them  within  this  His  Majesty's  Province  of  the  Massa- 
chusetts Bay  from  paying  any  Ministerial  Rates  Taxes  or  Assessments  whatsoever. 
And  that  such  Person  or  Persons  professing  himself  or  themselves  to  be  of  that 
Persuasion  commonly  called  Anabaptists  may  be  so  deemed  accordingly  without 
further  Harrasment  or  Vexation,  And  that  all  such  Persons  within  this  Province 
commonly  called  Anabaptists  that  have  at  any  time  within  the  Space  of  Five  Years 
last  past  had  their  Bodies  Imprisoned  for  Ministerial  Rates,  or  their  Estates,  Goods 
&  Chattels  distrained  therefor,  may  be  honestly  refunded  their  just  Damages  Such 
an  Act  as  this  will  Manifestly  display  the  Disposition  of  the  Government  of  this 
Province  to  l)e  Honourable  Upright  &  Impartial,  will  Silence  the  Crys  of  the 
Oppressed,  will  put  a  stop  to  such  Grievances  as  in  default  thereof  will  necessarily 
be  laid  before  His  Majesty,  Will  be  a  further  means  of  increasing  the  Strength  of 
this  Province  by  bringing  in  Inhabitants  from  Abroad  and  keeping  others  already 
here  from  Moving  out,  and  will  with  all  becoming  thankfulness  be  received  by  the 
said  People  commonly  called  Anabaptists,  among  which  Number  are  included 
Your  Memorialists  &  Remonstrants  as  aforesaid  Who  as  in  Duty  bound  will  ever 
pray  &cf.—  Thomas  Green 

Thqs  Boucher 

EBENr  MOULTOX 

Ephraim  Bosworth 
Joseph  Collins 
Phillp  Freeman 
Joseph  Gould 
Thomas  Chkxey 
Boston  May.  29*i»  1754.  John  Procter." 


[Notes.]  Province  Laws.  — 1757-58.  127 

In  Council  June  5.  1754  Read  &  Forasmuch  as  this  Petition  contains  several 
indecent    reflections    on    the  Laws    and   Legislature    of    this  Province    therefore 

Ordered  that  it  be  dismissed.    Sent  down  for  Concurrence.  

Tho»  Clarkk  Dp'y  Secry 

In  the  House  of  Representatives  Nov  15.  1754 

Read  &  Concurred 

T.  HuBBAKD  Spkr. 
— Mass.  Archives,  vol.  13,  p.  496. 

"  To  His  Excellency  William  Shirley,  Esq"",  Capt"  General  &  Govern""  in  Chief,  in 
&  over  His  Majestvs  Province  of  the  Massachus"'*  Bay  in  N  EngH  &  to  ye  Honi^'e  his 
Majestys  Council  And  the  Honourable  house  of  represeutatives  in  General  Court 
Assembled  at  Boston  the  l-'S*!  day  of  Octob''  A.D.  1754 — 

The  Memorial  &  Petition  of  John  Procter,  Agent,  in  behalf  of  several  Societys 
of  the  People  called  Baptists,  Inhabitants  within  the  said  Province — 
Humbly  Sheweth 

That  on  the  29'!'  day  of  ^lay  Last  A  Memorial  &  remonstrance,  drawn  by  Order 
of  the  said  People,  &  Signed  by  a  Committee  appointed  for  that  Purpose,  was  hum- 
bly presented,  in  order  to  be  laid  before  Your  Excellency,  the  Council  &  house  of 
Representatives,  but,  so  indeed  it  eventually  Occurred,  that  the  s^  Memorial  was 
not  sent  down  to  the  nou'>'«  House  of  Representatives,  but  was  read  &  Passed  upon 
in  Council,  as  foUoweth — 

Viz',  '  Province  of  the  Massachusetts  Bay,  On  the  Petition  of  Thomas  Green 
Thomas  Boucher,  Ebenezer  Moulton,  Ephraim  Bosworth,  Joseph  CoUius,  Philip 
Freeman,  Joseph  Gould,  Thomas  Cheney,  &  John  Procter. — 

In  Council  June5'h  1754  Read  aud  Forasmuch  as  this  Petition  contains  several 
indecent  reflections  on  the  Laws  &  Legislature  of  this  Province  therefore  Ordered 
that  it  be  dismissed' — 

The  sentiments  of  the  Hon^ie  Council  &  their  result  consequent  thereupon,  have 
given  rise  to  this  present  Exposition  of  the  true  Intentions  of  the  said  People  called 
Baptists,  as  contained  in  their  Memorial  and  remonstrance  aboves<i— And  Your  Pe- 
titi"",  in  his  said  Capacity ,  is  directed  by  his  Constituents,  with  the  gn^atest  deference, 
htimblj'  to  Suggest  and  Assure  Your  Excellency  &  Honours,  that  nothing  in  the 
World  could  be  more  Averse  &  forreign,  to  the  Real  Intention  of  the  said  People, 
&  their  Committee,  than  to  Offer  the  least  Indignity  or  indecent  reflections  on  the 
just  Laws  &  Legislature  of  this  Province,  And  that  in  truth,  there  was  no  pcr- 
versness  of  Heart,  nor  malevolence  of  Will,  operating  in  any  wise  whatsoever 
against  the  Government,  Your  Memorialist  therefore  humbly  Supplicates  that  the 
Former  sentiments  of  the  HoniJ'«  Council,  to  dismiss  the  said  Petition  may  Subside, 
And  that  Your  Excellency  &  this  Honourable  Court  would  be  pleased,  that  the 
Memorial  &  remonstrance  aforesaid  may  be  revived,  and  the  Subject  matter 
therein  complained  of,  committed  to  the  Mature  Consideration  of  the  whole  Court, 
for  the  reasons  therein  mentioned — 

Aud  Your  Petitioner  as  in  duty  bound 

will  ever  pray  &c'" 

John  Peoctek. 

In  Council;  Octobf  26.  1754  Read  &  dismigsd. 

Sent  down  for  Concurrence     

J.  WiLLAKD  Secrj' 

In  the  House  of  Representatives  November  13  1754 — 
Read  &  Concurred — 

T.  Hubbard  Spk>-"—7&itZ.,  p.  584. 

Chap.  22.  "  March  23,  1758.  The  Secretary  by  order  of  his  Excellency  the  Gover- 
nor delivered  the  following  Message  to  the  two  Houses  viz' 

Gentlemen  of  the  Council  and  House  of  Representatives. 

I  perceive  that  an  Opinion  prevails  abroad,  and  perhaps  it  is  too  well  grounded; 
that  in  some;  former  Expeditions  Sums  of  money  have  been  given  to  some  of  the 
•Colonels  for  their  Recommendations  to  Commissions  in  their  Regiments.  I  have 
an  Abhorren<,'t!  of  such  practices,  &  unless  some  care  is  taken  to  prevent  them  for 
the  future  I  am  afraid  of  very  bad  consequences.  The  only  Rule  of  my  Conduct  in 
appointing  OHicers  is  the  Fitness  of  Men  for  the  Service  and  for  their  Characters  I 
must  depend  on  other  People,  as  I  have  not  a  personal  Knowledge  of  a  sufficient 
number.  But  if  these  Characters  can  be  jiurchasfHl  with  mon<;y  what  a  Situation 
are  we  in,  I  recommend  this  Affair  to  your  speedy  &  serious  Consideration. 

Council  Chamber  March  23,  1758.  T.  Pownall."— C'owna7  Records,  vol.  XXII., 
p.  2i)2. 

In  the  House  of  Representatives.  Ordered  That  Col"  Hale;  Mf  Tyng  and  M' 
Flucker  with  such  as  the  honourable  Board  shall  join  lie  a  Committee  to  take  his 
Excellency's  Message  of  this  Forenoon  under  consideration,  and  i)repare  and  bring 
in  a  Bill  for  prevention  of  Corruption  accordingly  In  Council.  Read  and  Concurred 
and  Ben}»  Lynde  and  William  Brattle  Esq™  are  joined  in  the  Affair." — Ibid., 
p.  293. 

"  March  24,  1758.  In  the  House  of  Representatives.  Ordered  That  the  Commit- 
tee appointed  to  prepare  and  bring  in  a  Bill  in  consequence  of  liis  Excellency's 
Message  of  Yesterday,  prepare  also  the  Draft  of  a  proper  Answer  to  his  Excel- 
lency's said  Message  and  report.     In  Council.     Read  and  Concurred. 

•  •  •  •  •  • 

The  Committee  appointed  to  prepare  the  draft  of  an  Answer  to  his  Excellency's 
Message  of  Yesterday  to  both  Houses  reported  the  same,  which  is  as  follows,    viz' 

May  it  please  your  Excellency  His  Majestys  Council  and  the  House  of  Represen- 
tatives beg  leave  to  express  their  hearty  and  unfeigned  Gratitude  for  that  Zeal 


128  Province  Laws.  — 1757-58.  [Notes.] 

shewn  by  your  Excellency  against  Bribery  and  Corruption;  For  your  declared 
Abhorrence  of  them,  and  your  earnest  desires  that  care  may  be  taken  to  prevent 
Enormities  of  that  kind,  and  they  do  assure  your  Excellency  they  are  desirous  to 
join  in  their  Endeavours  with  You,  that  as  much  as  may  be,  Crimes  so  reproachful 
to  any  People  may  not  be  found  among  Us,  or  that  the  Perpetrators  of  them  may  be 
brought  to  condign  Punishment;  and  have  accordingly  jwe pared  a  Bill  for  those 
purposes,  which  we  doubt  not  will  meet  with  your  Excellency's  Approbation.  In 
Council.  Read  and  Accepted  And  Ordered  That  Sir  William  Pepperrell  and  Jacob 
Wendell  Esq''^  with  such  as  the  honourable  House,  shall  appoint  be  a  Committee  to 
present  the  same  to  his  Excellency  accordingly. 

In  the  House  of  Representatives.  Read  and  Concurred  and  Colo  Hale,  Judge 
Russell  and  Col"  White  are  joined  in  the  Affair." — Ibid.,  p.  297. 

"  As  I  was  sensible  of  the  Male  Practices  which  have  been  supposed  to  take  place 
at  these  times  of  giving  out  Commissions  I  sent  the  inclosed  Message  to  the  Assem- 
bly, received  from  them  the  inclosed  Answer  and  have  the  pleasure  to  transmit  the 
Act  they  immediately  pass'd  thereon." — Gov.  Poicnall  to  the  Board  of  Trade,  March 
[2]  6,*  1758:  "Mass.  Bay,  B.  T.,"  vol.  76,  /.  i.,  49,  in  Public-Record  Office. 

Chap.  24.  "  Boston,  March  15"^,  1758. 

My  Lords 

A  Bill  pass'd  both  Houses  yesterday  to  lay  a  general  Embargo  which  I  have 
enacted  into  a  Law  N^  4  and  this  day  sent  off  a  second  circular  acquainting  the 
several  Governors  therewith,  as  also  to  General  Abercrombie  desiring  him  strongly 
to  recommend  it  to  them.  *  *  *  T.  Pownall."— ia7?'oc< 

from  a  letter  to  the  Lords  of  Trade  accomiKmyivq  a  printed  cop?/  of  this  act :  "  Mass. 
Bay,  B.  T.,"  vol.  7G,  I.  i.,  43,  in  Piihlic-Record  Office. 

"Mar.  15,  1758.  Advised  that  his  Excellency  grant  Permission  for  the  Departure 
of  such  Vessels  as  he  shall  think  proper  to  employ  lor  Transporting  to  any  otlier  of 
the  British  Colonies  on  the  Continent,  Provisions  or  Stores  needful  for  his  Majesty's 
Troops  or  for  carrying  on  the  Operations  of  the  ensuing  Campaign — 

Advised  that  his  Excellency  grant  a  Permit  to  Capt.  Edward  Colliteau  to  Trans- 
port Provisions  to  Halifax  in  the  Schooner  Young  Eagle  whereof  he  is  Master  for 
the  Use  of  his  Majesty's  TroojDS  and  for  the  Inhabitants  theve."— Executive  Records 
of  the  Council,  vol.  3, p.  347. 

"  Mar.  17,  1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Sloop  Adventure  Benj'^  Chadwell  Master  to  proceed  to  Albany  with  Carpenters  & 
Stores  for  his  Majesty's  Forces  under  General  Abercromby. 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Sloop  Wilmot 
Calvin  Gay  Master,  to  proceed  to  Chignecto  with  Recruits  for  Fort  Cumberland — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Schooner  Peggy 
John  Thomson  Master  to  proceed  to  Halifax  with  Cordage  for  the  Navy,  he  making 
Oath  that  the  Facts  set  forth  in  the  Petition  are  true — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Brigantine  Duke 
William  Fleet  Master  to  proceed  to  Jamaica;  Oath  being  made  that  the  Facts  are 
true  as  set  forth  in  the  Petition — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Ship  Prince  George 
Benoni  Smith  Master  to  proceed  to  the  West  Indies,  Oath  being  made  that  the  Facts 
set  forth  in  the  Petition  are  true." — Ibid.,  p.  352. 

"Mar.  18, 1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Schooner  Elizabeth  John  Frost  Master  to  proceed  to  Portsmouth  with  Provisions 
Tools  and  Stores  for  the  Company  of  Carpenters  enlisted  by  Colo  Messervey  for  his 
Majesty's  Service  by  Order  of  his  Excellency  the  Earl  of  Loudoun — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Sloop  Cumberland 
John  Dogget  Master,  and  to  the  Sloop  Jonathan  Sayward  Master  to  pro- 

ceed to  Chignecto  with  Artificers  and  Materials  for  his  Majesty's  Service  at  Fort 
Cumberland." — Ibid.,  p.  353. 

"Mar.  20, 1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Schooner  Rebecca,  Lemuel  Ames  Master  to  iJroceed  to  Madeira  being  Loaded,  fallen 
down,  Men  shipt  &c.  before  the  Embargo — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Ship  William, 
Andrew  Dewer  Master  to  proceed  to  Lisbon,  being  Loaded,  fallen  down,  Men  shipt 
&c.  before  the  Embargo. 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Schooner  Fair 
Lady,  Robert  Elwell  Master  to  proceed  to  the  West  Indies. 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Brigantine  Charm- 
ing Molly,  John  Peirson  Master,  to  proceed  to  the  West  Indies — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Snow  Union 
Thomas  Thompson  Master,  to  proceed  to  the  West  Indies. 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Schooner  Lydilind 
Nicholas  Thorndike  Master  to  proceed  on  her  Fishing  Voyage — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Schooner  Mary, 
Stephen  Osborne  Master  to  proceed  on  her  Fishing  Voyage." — Ibid.,  p.  354. 

"  Mar.  20,  1758.  His  Excellency  represented  to  the  Board  that  some  Inconven- 
iences may  arise  from  the  frequent  Applications  made  for  permitting  Vessells  to 
depart  on  their  intended  Voyages,  whereby  the  intended  Advantage  of  the  present 
Embargo,  may  be  frustrated;  He  thereupon  desired  their  Opinion  for  some  general 
rule  for  regulating  the  same — 

The  Board  taking  the  same  under  Consideration  were  of  Opinion  that  any  Vessel 

*  This  letter  ia  dated  March  6,  but  it  should  have  been,  evidently,  either  March  26th,  or  April  6th. 


[Notes.]  Province  Laws.  — 1757-58.  ]29 

being  two  thirds  Laden  before  the  Embargo  took  place;  the  Cargo  being  of  a  Per- 
ishable Nature,  and  due  proof  thereof  l)eing  made  on  Oath  in  Council  or  before 
the  Secretary  of  the  Province,  that  in  such  Case  his  Excellency  grant  a  Permit  for 
their  Deiiarture." — Ibid.,  p.  ;)55. 

'•Mar.  21,  1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Schooner  Abigail,  Neal  Conway  Miister,  Navigated  with  five  Men  to  proceed  on  her 
intended  Voyage  to  the  West  Indies  being  Loaded  with  a  Cargo  of  a  Perishable 
Nature — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Brigantine  Lynn 
Biehard  Leo  Master  with  Seven  Men  to  proceed  to  the  West  Indies — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Schooner  Sarah 
John  White  Master  to  jtroceed  to  the  West  Indies."— /6/(/. 

"  Mar.  2'2,  1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Snow  Wellington  James  Hornby  Master  to  proceed  to  Nevis,  being  Loaded  fallen 
down  and  ready  to  Sail  when  the  Embargo  took  place." — Ibid.,  p.  o5'J. 

"  Mar.  27,  1758.  Advised  that  his  Excellency  grant  Permits  to  such  Vessels  as 
are  bound  to  Halifax  with  I'rovisions  or  Stores  for  his  Majesty's  Service,  upon 
the  Master  or  Owners  making  Oath  of  the  same. 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Schooner  Industry 
John  Junkins  Master  to  proceed  to  Halifax. 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Brigantine  Ante- 
lope Thomas  Bazin  Master  to  proceed  to  the  West  Indies."— /(</(/.,  p.  ;«J4. 

"Mar.  28,  1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Sloop  Butterfly  John  Clark  Master  to  proceed  to  Rhode  Island,  being  employed  in 
the  service  of  that  Government — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Schooner  Endeav- 
our William  Grow  Master  to  proceed  to  Halifax  with  Stores  for  his  Majesty's  Ser- 
vice."— Ibid.,  p.  3G5. 

"Mar.  28,  1758.  His  Excellency  the  Governour  having  laid  before  the  Council  a 
Letter  from  General  Abercrombie  of  the  22'i  instant,  desiring  '  that  the  Governour 
would  take  the  proper  mciisures  that  all  such  Provisions  as  the  Army  under  his 
Command  may  want  should  be  impressed.secured  and  delivered  to  the  Contractors 
or  their  Agents,  they  paying  a  reasonable  price  for  the  same — And  that  the  Govern- 
our would  appoint  proper  Persons  to  settle  and  fix  an  equal  price  between  the 
Owners  &  Contractors ' — Upon  which  his  Excellency  desired  the  Advice  of  Council. 

The  Council  having  maturely  Considered  the  Proposal  beg  leave  briefly  to  repre- 
sent the  plain  state  of  the  Case,  that  the  reasons  may  appear  upon  which  they  found 
their  Advice — 

It  is  notorious  that  this  Province  doth  not  raise  Provisions  enough  of  some  kinds 
for  the  Consumption  of  its  Inhabitants,  and  for  the  Victualling  their  Merchant  Ves- 
sels and  Fishermen.  The  Pork  raised  within  the  Government  is  insufficient  for  both 
these  purposes;  and  the  Grain  ])y  no  means  sufficient  for  the  Use  of  the  Inhabitanta 
only;  As  for  Wheat  there  is  none  at  all  raised  for  a  Market,  even  the  most  Substan- 
tial Farmers  themselves  buy  more  of  it  for  their  own  Consumption  in  the  trading 
Towns  where  it  is  imported,  than  they  raise  on  their  Farms.  It  is  true  We  raise 
more  Beef  than  We  consume,  and  quantities  have  been  Salted  up  for  the  West 
Indies  before  the  Settlement  of  Nova  Scotia,  since  that  Settlement,  and  more  espe- 
cially since  the  Commencement  of  the  War,  the  greater  part  of  the  Surplusage  of 
Our  Beef,  together  with  the  Surplusage  of  Our  Mutton  &c.  is  sent  thither  alive,  or 
fresh  killed,  for  the  Supply  of  the  Kings  Ships  &  Troops,  and  for  the  Use  of  the 
Inhabitants  of  that  infant  Settlement;  At  this  time  We  import  more  Salt  Beef  from 
the  Southern  Colonies  than  We  export  to  the  West  Indies.  Under  these  Circum- 
stances an  Embargo  on  the  Shipping  of  this  Province  is  all  that  appears  to  be 
requisite.  An  Embargo  is  laid  and  no  Provisions  can  bo  exported  without  permis- 
sion from  the  Governour  with  Advice  of  Council  No  permissions  are  granted  to 
export  Provisions  except  it  be  to  Nova  Scotia;  By  this  means  if  there  be  any  Sur- 
plus of  Provisions,  after  Our  wants,  and  the  wants  of  Nova  Scptia  are  supplied,  the 
Owners  will  be  glad  to  let  the  Contractors  have  it;  But  it  must  be  not  only  very 
distressing  to  the  Inhabitants  of  this  Province  but  of  great  prejudice  to  his  Majesty's 
service  at  Nova  Scotia  to  impress  the  Provisions  that  may  bo  in  the  Province,  and 
can  be  of  no  service  but  to  the  Contractor.  The  Distress  will  bo  heigh tned  if  an 
Embargo  and  Impress  should  take  place  in  the  Southern  Governments  so  as  to  pre- 
vent our  receiving  the  usual  Supplies  of  Provisions  from  thence;  An  Embargo  and 
Impress  of  Provisions  in  a  Countrey  that  raises  them  will  keep  them  within  that 
Countrey;  And  an  Embargo  and  Impress  of  Provisions  in  a  Countrey  that  is  sup- 
ported by  importing  them,  must  keen  them  out  of  it — and  in  such  a  concurrence  of 
Circumstances  it  would  be  impossible  to  say  what  would  be  a  reasonable  price  here; 
for  such  a  Scarcity  would  probably  ensue  as  would  make  any  Price  how  high  soever, 
not  unreasonable.  No  extravagant  Price  has  as  yet  been  demanded  that  we  know 
of,  and  it  does  not  appear  that  the  Contractor  is  apprehensive  of  wanting  Provis- 
ions, as  his  Agent  has  declarc-d  to  the  Governour  in  Council  that  ho  has  received  no 
Orders  from  him  to  ])unliiis(!  any  extracjrdinary  Quantity  since  the  Accounts  have 
Arrived  of  an  Adtlitional  Number  of  Troojia  ^oming  to  America  and  that  his  Prin- 
cipal has  large  Magazines  of  Provisions  at  the  Southward  out  of  which  he  saith  he 
expects  he  will  Supply  him — Under  these  Circumstances  such  a  distressing  measure 
as  an  Impress  would  be,  appears  needless.  But  it  rather  api)ears  that  the  ficnerals 
Letter  is  a  circular  Letter,  primarily  Calculated  for  the  Governments  Southward  of 
New  York  &  for  Connecticut,  wliich  are  Provision  Colonies,  for  Ho  adds  in  the 
close  of  his  Letter  '  That  the  Embargo  on  all  Vessijls  within  tlie  Ports  of  your  Gov- 
ernment may  nossihly  prevent  them  from  coming  to  New  York  with  Provisions  for 
the  Army  ' — Now  it  is  well  known  that  no  Provisions  are  ever  exported  from  this 


130  Peovince  Laws.  — 1757-58.  [Notes.] 

Government  to  New  York,  Fish  only  excepted — which  is  a  Species  of  Provisiona 
not  commonly  made  Use  of  for  Victualling  the  Kings  Troops. — 

The  Council  cannot  therefore  Advise  his  Excellency  to  issue  Warrants  to  impress 
any  kinds  of  Provisions  within  this  Province;  but  are  of  Opinion  and  accordingly 
Advise  that  his  Excellency  do  represent  to  the  Kings  General  that  if  the  Embargo 
in  the  Southern  Governments  should  extend  to  Vessels  bound  hither  with  Provis- 
ions it  must  bring  great  distress  upon  the  Inhabitants  of  this  Province  and  must  be 
very  prejudicial  to  his  Majesty's  Service,  by  putting  a  stop  to  the  supply  of  the  Mar- 
ket at  Halifax." — Ibid. 

"  Mar.  29, 1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Snow  Musketo  Matthew  Pennel  Master,  to  proceed  to  the  West  Indies,  She  being 
Laden  before  the  Embargo  took  place." — Ibid.,  p.  367. 

"Apr.  1,  1758.  Advised  that  his  Excellency  grant  Permissions  to  all  Vessells 
coming  hither  with  Provisions  from  the  Southern  Colonies,  to  return  to  their  respec- 
tive Ports,  the  general  Embargo  notwithstanding." — Ibid.,  p.  369. 

"Apr.  1, 1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Sloop  Speedwell,  Nicholas  Hussey  Master  to  proceed  to  Halifax  with  Provisions  for 
his  Majesty's  Navy — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Sloop  Sviccess, 
Jonathan  Hall  Master,  to  proceed  to  Connecticut  having  landed  a  Cargo  of  Provis- 
ions here — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Schooner  May- 
flower, Mark  Haskell  Master,  to  proceed  to  Halifax  with  Provisions  for  his  Majes- 
ty's Forces."— Ibid.,  p.  370. 

"  Apr.  1,  1758.  His  Excellency  having  been  pleased  to  Communicate  to  the 
Board  the  Petition  of  Epes  Sargent,  William  Stevens  and  Thomas  Sanders  for 
themselves  &  the  other  Inhabitants  of  Glocester  concerned  in  the  Fishery,  Praying 
that  the  Fishing  Vessels  may  be  Allowed  to  proceed  on  their  Voyage  the  Embargo 
notwithstanding,  and  his  Excellency  having  desired  the  Opinion  &  Advice  of  the 
Board  upon  the  Subject  matter  of  said  Petition  and  that  they  would  give  the  rea- 
sons upon  which  such  Advice  shall  be  founded.  The  Board  accordingly  proceeded 
to  take  said  Petition  into  Consideration  and  they  beg  leave  to  Observe  to  your 
Excellency,  That  one  great  End  which  the  Court  had  in  view  from  an  Embargo 
was  the  restraining  in  Port  a  sufficient  Number  of  Vessels  to  serve  as  Transports 
for  such  part  of  the  Forces  as  it  should  be  judged  proper  to  send  to  the  Eastward, 
That  it  now  appears  that  the  Contractor  for  the  Transports  does  not  think  proper  to 
take  into  the  service  any  Vessels  of  so  small  burthen  as  those  employed  in  the  Fish- 
ery and  that  therefore  there  is  no  Necessity  of  retaining  such  Vessels  for  that  pur- 
pose. 

That  two  other  principal  Ends  proposed  by  the  Embargo  were  the  preventing  any 
Supplies  of  Provisions  falling  into  the  Enemies  hands  and  the  preventing  Intelli- 
gence of  the  Measures  proposed. 

That  inasmuch  as  the  other  Governments  have  not  restrained  their  Vessels  in 
general  from  Sailing  it  will  be  of  no  great  Importance  to  either  of  the  two  last  men- 
tioned purposes  for  this  Government  alone  to  continue  this  restraint,  especially  as  it 
is  to  be  hoped  his  Majesty's  Ships  are  now  Cruizing  off  Louisbourg  and  will  be  able 
to  prevent  any  Supplies  or  Intelligence  being  carried  thither 

"That  the  only  Advantage  that  can  be  proposed  by  any  further  restraint  is  the 
keeping  a  Number  of  Men  within  the  Province  for  the  proposed  Expedition. 

That  inasmuch  as  Money  as  well  as  Men  is  necessary  for  carrying  on  the  War  the 
disadvantage  which  will  Arise  from  the  entire  loss  of  the  Fishing  Voyages  may 
probably  be  more  than  equal  to  the  Advantage  of  restraining  the  Men  who  must 
otherwise  be  employed  in  those  Voyages  and  must  moreover  make  the  burden  of 
Publick  Charges  fall  very  unequally  upon  this  particular  part  of  the  Government. 

Upon  these  Considerations  the  Board  are  humbly  of  Opinion  and  do  accordingly 
Advise  that  your  Excellency  grant  Permission  to  such  Fishing  Vessels  to  proceed 
on  their  Voyages  as  are  now  in  Port  and  shall  depart  before  the  Sixth  day  of  this 
Month  of  April,  provided  that  no  Vessel  under  Forty  five  Tuns  carry  more  than 
four  hands  that  are  above  Sixteen  years  of  Age,  and  no  Vessel  above  Fifty  Tuns 
more  than  five  hands  above  Sixteen  years  of  Age,  and  all  Persons  to  be  deemed 
exempt  from  the  Penalties  of  the  Act,  by  force  of  this  Permission  no  further  than 
they  Comply  with  the  Conditions  aforesaid." — Ibid. 

"  Apr.  8, 1758.  Advised  that  his  Excellency  permit  all  such  Vessels  employed  iu 
the  Cod  Fishery  as  are  now  in  Port  to  pursue  their  Voyages,  provided  they  depart 
with  the  first  fair  Wind ;  proA'ided  also  that  no  Vessel  under  Forty  five  Tuns  carry 
more  than  four  hands  that  are  above  Sixteen  years  of  Age  and  that  no  Vessel  of 
Fifty  Tuns  carry  more  than  five  hands  above  the  Age  aforesaid,  But  that  no  Person 
be  deemed  exempt  from  the  Penalties  of  tlie  Act  laying  an  Embargo  on  the  Ship- 
ping of  this  Province  any  further  than  they  Comply  with  the  Conditions  aforesaid. 

Inasmuch  as  the  Inhabitants  of  Nantucket  most  of  whom  are  Quakers  are  by  Law 
exempted  from  Impresses  for  Military  Services  &  their  livelihood  intirely  depends 
upon  the  Whale  Fishery 

Advised  that  his  Excellency  give  Permission  for  all  Whaling  Vessels  belonging 
to  said  Island  to  pursug  their  Voyages  taking  only  the  Inhabitants  of  said  Island  in 
said  Vessels  &  that  upon  their  taking  any  other  Persons  whatsoever  with  them, 
they  be  Subject  to  all  the  Penalties  of  the  Law  in  like  manner  as  if  they  had  pro- 
ceeded without  leave." — Ibid.,  p.  373. 

"Apr.  10, 1758.  Advised  that  his  Excellency  give  Permission  for  all  Sloops  and 
Schooners  going  to  Nova  Scotia  with  Provisions  to  pursue  their  Voyages  provided 
that  no  Vessel  under  Sixty  Tuns  carry  more  than  five  Men ;  and  no  other  Sloops  or 
Schooners  more  than  Six  Men  provided  also  that  Bond  be  given  that  such  Vessels 


[Notes.]  Province  Laws.  — 1757-58.  131 

shall  return  directly  back  to  the  Province,  and  upon  their  return  to  produce  a  Cer- 
tificate of  liivvi!!};  landed  their  Carlos  in  Nova  Scotia,  said  Bond  to  V)0  in  all  other 
respects  conldriiiaMi;  to  the  i'rovision  made  l^'  the  lato  Act  of  I'arliamcut,  to  pre- 
vent the  Enemies  being  supplied  with  Provisions." — Ibid.,  p.  '•>'(>. 

"Apr.  lij,  1758.  Advised  &  Consented  tliat  his  Excellency  give  a  Permit  to  the 
Sloop  Susanna,  Johu  M'^Clelan  Master  to  proceed  to  New  York  for  Dread  for  the 
Use  of  his  Majesty's  Navy  at  Halifax." — Ibid.,  p.  380. 

"Apr.  lit,  1758.  Advised  cS:  Consented  that  his  Excellency  give  a  Permit  to  the 
Schooner  Prince  George,  Moses  Hooper  Master  to  proceed  on  her  Fishing  Voyage, 
She  being  ritied  of  her  Stores  by  a  French  Privateer  &  obliged  to  return  to  refit." — 
Ibid.,  p.  oS3. 

"Apr.  21,  1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Schooner  Swan  William  Choato  Master  to  proceed  on  her  fishing  Yoyagn."— Ibid., 
p.  38(3. 

"  Apr.  24,  1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Ship  Falmoutli  John  GooiliiiLr  Master  to  proceed  to  the  West  Indies  having  Masta 
&  Sparrs  on  board  for  his  Majesty's  Navy." — Ibid.,  p.  387. 

"  Apr.  27,  1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Sehooner  Endeavour  William  Grow  Master  to  proceed  to  Providence  to  take  in 
Stores  for  Nova  Scotia." — Ibid.,  p.  o'J2. 

"  May  4,  1758.  Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the 
Schooner  I3roome  W  illiam  Batcheldor  Master,  to  proceed  to  Lisbon  her  Cargo  being 
of  a  PerisliaVile  Nature — 

Advised  &  Consented  that  his  Excellency  give  a  Permit  to  the  Schooner  Three 
Friends,  John  Stacey  Master  to  proceed  to  Gibraltar." — Ibid., p.  397. 

"May  9,  1758.  Advi.sed  &  Consented  that  his  Excellency  graut  Permits  to  the 
following  Vessels  to  proceed  on  their  Voyages,  ujion  the  Owners  making  Oath  that 
two  thirds  of  their  Cargoes  were  of  a  Perishable  Nature,  &  Ship't  before  the  Embar- 
go took  place— Viz' 

To  the  Shi]i  Molineaux  William  Welcliman  Master  to  the  West  Indies 

To  the  Schooner  Seahorse,  Silas  Atkins  Master,  to  Newfoundland. 

To  the  Snow  Thomas  &  Martha,  Samuel  Partridge  Master,  to  the  West  Indies. 

To  the  Schooner  Endeavour,  Ellis  Compton  Master,  to  Lisbon. — 

To  the  Schooner  Jolly  Kobin,  Samuel  Ilailow  Master,  to  South  Carolina. 

To  tlie  Brigantine  Seahorse,  John  Dorringtou  Master,  to  Maryland." — Ibid., p.  308. 

"  May  12,  1758.  A  Number  of  Petitions  of  Owuers  of  Vessels  employed  in  the 
Fishery  were  laid  before  the  Board  by  order  of  his  Excellency  who  desired  their 
Advice  thereon. — 

Advised  that  his  Excellency  grant  Permits  to  all  Fishing  Vessels  Navigated  with 
Men  belonging  to  the  llegiments  under  the  Command  of  Sir  William  Pcpperrell, 
Colo  Greenlea'f,  Col"  Appleton,  Col"  Phillips,  Colo  Bradford  &  Col"  Plaisted,  who 
have  already  Compleated  their  several  Quota's  of  Soldiers  to  be  raised  for  the 
Expedition  against  Canada,  to  proceed  on  their  Voyages  the  Embargo  notwith- 
standing; And  also  to  such  Fishing  Vessels  as  arc  Navigated  by  Men  belonging  to 
the  llegiments  of  Col"  Fowle  or  Col"  Allen,  where  the  Crew  Ijelonging  to  any  such 
Vessel  have  furnished  their  Quota  of  Soldiers  for  said  Expedition,  to  the  Satisfac- 
tion of  the  Ofhccrs  appointed  to  raise  them;  Provided  the  Owuers  of  all  such 
Vessels  take  a  List  of  the  Names  of  the  Persons  Navigating  such  Vessels  aud 
lodge  the  same  with  the  Colonels  of  the  respective  Regiments  to  -which  such 
Persons  belong;  And  that  no  other  Persons  be  permitted  to  proceed  in  any  Fishing 
Voyage,  or  to  depart  from  the  Province  in  any  such  Vessel,  who  was  liable  to  servo 
in  said  Expedition;  And  in  Case  of  default  in  any  of  the  foregoing  particulars  that 
the  Owner  &.  Master  of  such  Vessel  l)c  Subjected  to  the  Penalty  of  the  late  Act 
for  laying  au  Embargo,  as  if  no  such  Permit  had  been  granted — 

Also  Advised  that  the  same  Priviledge  be  allowed  to  any  Vessels  Navigated  by 
Persons  belonging  to  either  of  the  Regiments  under  the  Command  of  Col<*  Wins- 
low,  Col"  Otis,  Col"  Clap  or  Col"  Cushing  (and  on  the  same  terms)  so  soon  as  the 
Quota  of  Men  to  be  raised  out  of  those  llegiments  respectively  shall  have  been 
Compleated." — Ibid  ,  p.  oOlt. 

"  May  15, 1758.  A  Number  of  Petitions  of  Merchants  and  others  praying  that  their 
Shipping  may  have  liberty  to  dei)art  for  the  reasons  therein  set  forth,  were  laid 
before  the  Board  by  order  of  his  Excelhmcy,  who  thereupon  desired  their  Advice — 

Advised  that  his  Excellency  permit  all  Vessels  to  proceed  on  their  Voyages  upon 
the  Master  and  Owuers  or  their  Agents  giving  Bond  in  the  Secretarys  Office,  not  to 
carry  with  them  any  of  the  Soldiers  raised  lor  his  Majcstys  Service,  and  lodging 
there  a  list  of  the  Names  of  all  Seamen  or  Passengers  going  in  their  respective 
Vessels."— /6/(Z.,  p.  401. 

"May  26, 1758.  His  Excellency  desired  the  Opinfon  of  the  Board,  that  inasmuch  as 
the  Fleet  was  Arrived  and  mo.st  of  Our  Troops  on  the  March  Whether  it  be  ne- 
cessary any  longer  to  continue  the  Emliargo. 

Advised' that  his  Excellency  take  oil  the  Embargo  aud  Permit  the  Shipping  in 
the  several  Ports  wilhiu  tho  Province  to  proceed  on  tlicir  intended  Voyages." — 
Ibid.,p.i03. 

Chap.  25.  "General  Abercromby  apply'd  to  me  for  Quarters  for  the  Troops 
which  are  to  bo  mareh'd  to  Boston  to  embark.  I  applyed  to  tlio  Assembly  to  make 
provision,  sending  them  the  enclosed  Message— I  used  this  form  of  raes.sage  as  I 
apprehend  that  Quarters  cannot  be  demanded  a.s  a  right,  But  on  the  contrary  that 
when  and  where  tlicy  bceonie  necessary,  the  legislature  makes  provision  for  them 
by  a  temporary  susjiension  of  those;  Rights  which  arc  declared  in  tho  Bill  of  Rights 
—This  method  of  ai'plication  has  had  its  cHect  aud  I  have  the  pleasure  to  inclose 


132  Province  Laws.  — 1757-58.  [Notes.] 

the  Act  which  they  immediately  pass'd  thereon." — Gov.  Pownall  to  the  Board  of 
Trade,  March  [2]6  *  1758:  "Mass.  Bay,  B.  T.,"  vol.  76,  /.  i.,  49,  in  PubllcRecord  Office. 

"March  24,  1758.  The  Secretary  by  order  of  his  Excellency  the  Governor 
delivered  the  following  Message  to  the  two  Houses,    viz' 

Gentlemen  of  the  Council  &  House  of  Representatives. 

I  have  this  day  received  an  Account  from  his  Majesty's  General,  that  the  Service 
requires.  He  should  march  a  Body  of  his  Majesty's  Troops  thro'  this  Province,  and 
that  they  may  soon  be  expected  herein. 

It  will  be  necessary  that  they  be  admitted  to  such  Quarters  as  the  nature  and 
circumstances  of  the  Country  will  admit  of.  On  the  one  hand  it  being  necessary 
that  the  Troops  be  quartered;  on  the  other  the  Act  of  quartering  them  being  a 
Suspension  of  the  Bill  of  Rights;  I  am  sensible  of  the  ditficulties  that  must  attend 
your  deliberations.  Under  these  difiSculties,  I  recommend  to  You  the  Rule  which 
the  Mother  Country  observes  on  such  occasions;  and  that  while  You  follow  her 
Example  in  a  most  consciencious  Attachment  to  the  Civil  Rights;  You  also  follow 
her  Example  in  making  such  Provision  in  this  Case,  as  becomes  necessary  for  the 
Service,  considering  the  different  form  and  circumstances  under  which  this  Country 
lies.  T.  Pownall. 

In  the  House  of  Representatives  Ordered  That  M^  Foster  Colo  "White  and  Judge 
Russell  with  such  as  the  honouraVjle  Board  shall  join  be  a  Committee  to  take 
his  Excellency's  Message  to  both  Houses  of  this  Afternoon  into  consideration  & 
report  what  they  judge  proper  to  be  done  tliereon.  In  Council  Read  and  Concurred, 
and  M""  Hutchinson  &  Col°  Brattle  are  joined  in  the  Affair." — Council  Records,  vol. 
XXII.,  p.  299. 

"  Sept.  8,  1758.  His  Excellency  laid  before  the  Council  a  Petition  of  the  Select- 
men of  the  Town  of  Boston  setting  forth  that  a  number  of  his  Majesty's  Regular 
Forces  were  daily  expected  to  arrive  in  the  Town  of  Boston  from  Louisbourg,  that 
they  apprehend  on  their  Arrival  they  will  apply  for  suitable  Quarters;  That  the 
Law  providing  for  the  Reception  and  Accommodation  of  his  Majesty's  Forces 
within  this  Province  being  expired  they  have  no  Authority  to  provide  Quarters  for 
them;  Therefore  praying  Directions  herein ;  His  Excellency  desired  the  Advice  of 
the  Board  on  this  matter  who  taking  the  same  into  Consideration;  Thereupon- 
Advised  his  Excellency  to  issue  his  Proclamation  recommending  it  to  all  Persons 
to  Submit  and  conform  to  the  several  regulations  in  the  said  mentioned  Act,  until 
the  next  Sitting  of  the  General  Court,  the  draft  of  which  Proclamation  being 
prepared  was  read — 

And  further  Advised  that  his  Excellency  issue  the  same  accordingly." — Execu- 
tive Records  of  the  Council,  vol.  3,  p.  425. 

"  By  his  Excellency  Thomas  Pownall  Esq'  Captain  General  and  Governor  in 
Cheif  in  and  Over  his  Majesty's  Province  of  the  Massachusetts  Bay  in  New 
England;  Vice  Admiral  of  the  same  &<= 

A  Proclamation. 

Whereas  the  Standing  Law  of  the  Province  relative  to  the  Quartering  and  Billet- 
ing Souldiers  within  this  Province  does  not  extend  to  the  Cases  that  may  arise  and 
have  arisen  of  Marching  the  Kings  Regular  Troops  into  and  through  the  Province 
and  Whereas  Laws  have  been  enacted  to  provide  for  those  Cases,  '  Namely  An  Act 
making  provision  for  the  Quartering  and  Billeting  recruiting  Officers  &  Recruits 
in  his  Majesty's  Regular  Forces  employed  for  the  Protection  and  Defence  of  his 
Majesty's  Dominions  in  North  America.'  And  '  An  Act  providing  for  the  Recei> 
tion  and  Accomodation  of  his  Majesty's  Forces  within  this  Province '  And 
Whereas  the  later  Act  Which  was  extended  only  to  the  Term  of  three  months 
which  Act  by  reason  of  their  being  no  Expectation  at  the  last  Sessions  of  Troops 
coming  into  the  Province  before  the  General  Court  mett  again  was  not  continued; 
But  as  now  it  is  expected  that  some  Regiments  of  his  Majestys  Regular  Forces 
will  be  marched  into  and  through  this  Province  in  their  way  to  Albany.  And 
Whereas  Application  has  been  made  to  me  in  behalf  of  the  Inhabitants  of  the 
Town  of  Boston  for  directions  herein. 

I  do  therefore  by  and  with  Advice  of  his  Majesty's  Council  Issue  this  Proclama- 
tion Recommending  it  to  the  Inhabitants  of  said  Town  of  Boston,  and  to  all  other 
his  Majestys  good  Subjects  within  the  Province  to  submit  and  conform  to  the 
several  Regulations  in  said  last  mentioned  Act,  when  and  so  often  as  it  shall  be 
found  necessary  for  Troops  to  be  marched  through  and  to  be  Quartered  in  any 
Towns  within  this  Province  until  the  next  sitting  of  the  General  Court. 

Given  at  Boston  the  eigth  day  of  Sepf  1758  In  the  thirty  second  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  &<= 

T.  PoWNALIi 

By  his  Excellency's  Command. 
A.  Oliver  Secrty 

God  Save  the  King." 
— Records  of  Civil  Commissions,  vol.  2h,  p.  44. 

"  Sept.  11,  1758.  His  Excellency  laid  before  the  Board  a  Form  of  a  Warrant  for 
Impressing  Carts  and  Oxen  or  Horses  for  the  Use  of  his  Majesty's  Troops  Com- 
manded by  his  Excellency  Major  General  Amberst  on  their  March  from  Boston  to 
join  his  Majesty's  other  Forces  under  the  Command  of  his  Excellency  Major  General 
Abercromby  for  which  Service  Major  Robertson  Assistant  Deputy  Quarter  Master 
General  has  agreed  to  pay  twelve  pence  per  Mile ;  and  desired  the  Advice  of  the 
Board. 

*  In  the  MS.  copies  from  the  Public-Record  Office  this  date  is  repeatedly  given  as  March  6  ;  but 
as  the  message  referred  to  was  delivered  March  23,  and  the  act  was  passed  March  25,  it  Is  con- 
jectured that  either  March  26  or  April  6  was  the  date  intended. 


[Notes.]  Province  Laws.  — 1757-68.  133 

Advised  that  his  Excellency  issue  his  Impress  Warrants  for  the  said  Service  di- 
rected to  the  Sheriffs  of  the  Counties  of  Suffolk,  Middlesex,  Worcester  and  Hamp- 
shire accordingly." — Executive  Records  of  the  Council,  vol.  3,  p.  425. 

"  Sept.  21,  1758.  His  Excellency  having  informed  the  Council  that  three  hundred 
Soldiers  were  hourly  expected  from  Halifax  in  order  to  join  the  Troops  coniinandcd 
by  General  Amherst,  now  on  their  March  to  join  the  Army  under  the  Connnand  of 
his  Excellency  Major  General  Abercromby,  and  proposed  the  taking  up  Horses  in 
order  to  forward  them  with  tlie  greatest  Expedition. 

Advised  that  his  Excellency  give  the  proper  Orders  for  taking  up  or  impressing  a 
sufficient  number  of  Horses  to  carry  said  Men  to  Springfield  or  if  need  be  to  Albany 
and  after  said  Service  is  performed  to  return  said  Horses  to  their  respective  Owners 
under  the  care  of  some  suitable  Persons  to  be  appointed  for  that  purpose,  and  that 
reasonable  I'riccs  ]h'.  allowed  th(>refor,  the  Board  relying  ufwu  the  Charge  being  re- 
imbursed by  tlie  General  or  by  the  Crown." — Ibid.,  p.  426. 

See,  also,  1758-59,  Chap.  8,  post. 

Chap.  28.  "  March  10, 1758.  A  Memorial  of  John  Jeffries  and  Samuel  Danforth 
Esq"  two  of  the  Commissioners  appointed  to  adjust  and  settle  the  Affairs  of  the 
Land  Bank  or  Manufactory  Scheme.  Setting  forth  the  many  difficulties  and 
Embarrassments,  which  have  hitherto  prevented  their  putting  a  Period  to  this 
Unhappy  Affair,  and  whifli  are  still  like  to  frustrate  the  design  without  the  further 
Interposition  of  this  Court.  And  praying  that  the  matter  may  be  taken  into 
consideration;  and  they  impowered  to  set  up  and  carry  on  a  Lottery  which  they 
propose  as  the  most  likely  method  for  the  speedy  &  effectual  Redemjition  of  the 
Bills  still  outstanding. 

In  the  House  of  Representatives.  Read  and  Ordered  That  Judge  Russell,  Col" 
Ruggles  and  Col"  White  with  Such  as  the  honourable  Board  shall  join  be  a  Com- 
mittee to  take  this  Memorial  under  consideration,  and  project  some  proper  method 
for  putting  an  end  to  the  Land  Bank  or  Manufactory  Sclieme  and  report.  In 
Council.  Read  and  Concurred  and  Benjamin  Lynde,  John  Cushing,  and  William 
Brattle  Esq"  are  joined  in  the  Affair."— C'o(//i/77  Records,  vol.  XXII.,  p.  2(K). 

"  March  18,  1758.  The  Committee  appointed  the  10  Ins'  on  the  Memorial  of  John 
Jeffries  and  Samuel  Danforth  Esq"  made  the  following  Report. 

Signed  John  Cusnrvo  ^  Order 

The  Coinmittee  are  of  opinion  that  before  any  other  measures  than  those  which 
the  Commissioners  are  now  taking,  be  gone  into,  whether  by  Assessment  or  other- 
wise for  redeeming  the  Manufactory  Bills  (so  called)  which  are  still  outstanding, 
it  will  be  expedient,  if  not  necessary  that  a  more  full  knowledge  be  had  of  the  Sum 
of  those  Bills  which  yet  remains  to  be  redeemed;  And  in  Order  thereto  that  the 
Possessors  of  those  Bills  be  obliged  to  produce  or  bring  them  to  the  said  Commis- 
sioners within  some  certain  time  to  be  limited  for  that  purpose,  to  be  again 
returned  to  tlie  Owners  or  Possessors  after  an  Account  of  them  has  been  taken  by 
the  Commissioners  and  some  distinguishing  Mark  set  upon  them,  by  which  they 
may  be  hereafter  known  And  that  every  Person  who  after  the  expiration  of  such 
term  shall  tender  or  offer  to  be  exchanged  any  Manufactory  Bills  other  than  such 
33  shall  be  so  produced  within  such  limited  time  be  subjected  to  such  Penalty  as 
the  Wisdom  of  this  Court  shall  assign;  and  that  a  Bill  be  prepared  accordingly. 
And  as  touching  the  Lottery  mentioned,  and  proposed  in  said  Memorial,  the 
Cominittee  are  of  opinion,  that  in  the  present  situation  of  the  Public  Affairs,  the 
granting  the  same  at  this  time  may  be  attended  with  Inconvenience.  In  Council. 
Read  and  accepted. 

In  the  House  of  Representatives.  Read  and  Concurred  and  Ordered  That  the 
Committee  appointed  on  said  Memorial  prepare  and  bring  in  a  Bill  for  the  purposes 
mentioned,  and  that  Col"  Worthington  be  of  the  Committee  in  the  room  of  Col" 
White  who  is  absent.    In  Council.    Read  and  Concurred." — Ibid.,  p.  275. 

Chap.  30.  The  unsuccessful  movements  of  Abercrombie  and  Loudoun,  in  com- 
mand of  forces  greatly  superior  in  numbers  to  those  previously  emplojed  by  the 
provincial  authorities,  awakened  the  home  government  to  a  more  just  conception 
of  the  Tiiai:iiitud(;  of  the  efforts  which  the  colonics  had  been  making  to  prevent  the 
encruacliraents  of  the  French  upon  a  line  of  territory  extending  from  Cape  Breton 
to  the  Ohio;  and  the  activity  of  the  French  government  in  sujiporting  its  forces  in 
America  impressed  the  ministry  with  the  importance  of  holding  and  enlarging  the 
British  possessions  on  this  continent. 

From  May  17,  17.5(5,  when  war  was  declared  against  France,  hostilities  began  to 
be  conducted  on  a  larg<>r  scale;  but  it  was  not  until  after  a  change  of  ministry  that 
the  plan  of  operations  was  fully  adopted  which  led  to  a  successful  issue  under  Gen. 
Amherst.  In  the  mc^an  time,  the  colonists  were  disheartened  by  the  injudicious  and 
vacillating  management  of  the  British  officers  who  were  entrusted  with  the  direc- 
tion of  military  affairs  before  Amherst  took  command,  as  well  as  by  their  arrogant 
assumption  of  authority  in  the  decision  of  all  disputable  matters. 

Notwithstanding  tliese  discouragcTuents  and  the  discomfiture  of  the  army  conse- 
(^uentu]puna  ib']iartnre  from  the  plan  of  operations  which  the  provincial  authori- 
ties had  advised,  the  I^egislaturt;  of  Massachusetts  h;ul  responded  to  every  call  made 
npon  the  provinci;  for  men,  money  and  accommodations  of  various  kinds,  with  only 
such  delay  and  objection  as  were  necessary  to  prevent  the  establishment  of  prece- 
dents believed  to  be  inimical  to  the  liberties  and  privileges  which  they  claimed 
under  their  charter  and  the  common  law. 

The  forts  at  Oswego  had  surrendered  to  the  French  in  August  IISG,  and,  a  year 
later,  Loudoun,  having  withdrawn  his  forees  from  New  York  to  join  Admiral  ilol- 
bourn  in  an  abortive  demonstration  against  Louisbourg,  left  Fort  William  Heury 


134  Pkovikce  Laws.  — 1757-58.  [Notes.] 

comparatively  defenceless  against  tlie  French  forces  that  could  he  concentrated 
against  it  before  his  return,  since  the  charge  of  supporting  its  brave  but  insufficient 
garrison  was  entrusted  to  Major  Gen.  Webb  who  proved  timid  and  entirely  incom- 
petent. The  French,  improving  tliis  opportunity,  compelled  the  surrender  of  the 
fort,  by  capitulation,  August  9,  1757,  causing  a  general  apprehension  throughout  the 
province  that  the  victors  would,  after  investing  or  capturing  Fort  Edward,  continue 
their  advance  into  the  province  from  the  west,  where  it  was  least  prepared  to  repel 
such  an  invasion.  This  alarm  led  to  the  calling  out  of  the  militia,  and  to  measures 
for  forming  a  train  of  artillery  for  immediate  service — both  attended  with  great 
expense,  for  which  the  Legislature  was  obliged  to  make  provision. 

In  the  earlier  movements  under  Braddock  and  Loudoun  the  colonies  not  only 
bore  all  the  expenses  of  the  forces  raised  by  them,  but  likewise  supplied  the  regular 
forces  with  provisions.  The  injustice  of  this  twofold  burden  was  so  apparent  that 
it  was  agreed  under  Loudoun  that  contractors  should  be  appointed  to  supply  the 
regular  troops  with  provisions,  and  still  later,  assurances  were  given  by  Mr.  Secre- 
tary Fox  that  stores  and  provisions  of  all  kinds  for  the  whole  army  employed  in 
the  campaign  of  1756  should  be  provided  at  the  sole  expense  of  the  crown.  Early 
in  1757  (see  vol.  III.,  p.  1081,  note,)  Mr.  Pitt,  who  was  virtually  premier  in  the  short 
administration  of  the  Duke  of  Devonshire,  distinctly  announced  "  that  the  raising 
of  the  men,  their  pay,  arms  and  clothing  "  would  be  all  that  would  be  required  of 
the  several  provinces. 

The  new  administration  under  the  lead  of  the  Duke  of  Newcastle  and  Mr.  Pitt, 
which  was  formed  in  June  1757,  adopted  a  still  more  liberal  policy  towards  the 
colonies.  Mr.  Pitt,  in  his  letter  which  is  hereinafter  given  in  full,  not  only  prom- 
ised to  furnish  arms,  ammunition,  provisions,  transportation  and  a  train  of  artillery 
for  20,000  men  to  be  raised  in  the  colonics,  but  also  that  strong  recommendations 
would  be  made  to  the  next  parliament  to  grant  the  necessary  appropriation  for 
reimbursing  the  expense  of  levying  and  paying  the  provincial  forces  and  furnishing 
them  with  clothing, — the  only  burden  to  which  the  colonies  were  to  be  suT)jected. 
These  liberal  promises  were  coupled  with  the  assurance  that  the  most  vigorous  and 
extensive  efforts  should  be  made  by  the  Crown  to  cooperate  with  the  provincial 
forces  in  the  reduction  of  Canada  as  the  surest  means  of  averting  the  dangers 
threatened  by  the  French  on  the  colonial  frontiers,  and  that  the  provincial  troops 
should  be  raised  and  commanded  by  officers  of  the  respective  provinces  who,  as 
high  as  colonels,  inclusive,  were  to  rank  according  to  their  commissions,  which  were 
to  be  issued  by  the  provincial  governors. 

Nothing  more  satisfactory  could  have  been  proposed  to  Massachusetts,  which 
promptly  voted  to  raise  its  contingent  of  7000  men,  in  addition  to  nearly  3000  already 
in  the  service. 

The  letter  above  mentioned  was  communicated  to  the  House,  who  waited  upon 
the  Governor  for  that  purpose  in  response  to  a  special  message.  No  record  of  this 
message  or  of  the  interview  in  tlie  council  chamber  appears  in  the  journals  of  the 
House,  but,  on  the  same  day,  this  chapter  was  passed  to  be  enacted  and  signed  by 
the  Governor. 

"  March  2, 1758.  The  Secretary  went  down  to  the  House  of  Representatives  with 
a  Message  from  his  Excellency  the  Governor  acquainting  them  that  his  Excellency 
was  then  in  the  Chair,  and  that  he  directed  the  Attendance  of  the  House  in  the 
Council  Chamber. 

Mr  Speaker  and  the  House  being  come  up,  his  Excellency  was  pleased  to  make 
a  Speech  to  the  two  Houses,  &  having  delivered  a  Copy  of  it  to  the  Speaker,  He 
with  the  House  returned  to  their  own  Chamber. 

His  Excellency's  Speech  is  as  follows. 

Gentlemen  of  the  Council  &  House  of  Representatives. 

The  Season  is  now  advancing  fast  in  which  the  Interests  and  perhaps  the  Being 
of  these  Colonies  are  to  be  contended  for  by  Arms;  The  Events  of  these  Operations 
are  in  the  hands  of  Providence;  The  means  are  in  our  own  hands;  As  therefore  We 
in  earnest  value  the  Blessings  of  our  Property  &  Religion  enjoyed  in  Liberty,  we 
must  in  earnest  steddily  &  vigorously  exert  these  Means. 

While  We  English  have  been  busied  in  Works  of  Peace  and  Industry,  in  settling 
and  planting  this  Country;  the  Enemy  the  French  have  been  as  industriously 
employed  in  Works  of  AVar,  in  taking  possession  of  it;  It  is  not  therefore  enough 
that  we  have  settled  and  planted  this  Country — We  must  possess  it,  or  we  shall  be 
found  to  have  settled  and  Planted  it  for  the  French. 

His  Majesty  whose  gracious  Protection  is,  under  Heaven,  our  best  Security,  is 
pleased  to  send  over  here  to  assist  Us  in  this  Work  of  Possessing  our  Country,  a 
very  great  and  Powerfull  Body  of  Forces  both  by  Sea  and  Land  requiring  only  of 
Us,  that  we  should  aid  and  assist  this  Service  with  our  Provincial  Troops;  Let  us 
therefore  in  Gratitude  and  Obedience  to  his  Majesty,  in  Gratitude  and  affection 
to  our  Mother  Country,  in  duty  to  ourselves  and  the  good  People  of  the  Land 
engage  and  cooperate  in  this  Service,  not  grudgingly  as  though  forced  to  it,  but  as 
in  our  own  cause  with  all  our  Spirit  and  Abilities;  not  waiting  to  see  what  Others 
will  do,  and  measuring  our  Service  by  Quotas,  but  by  the  importance  of  the  Objects, 
and  what  we  ought  to  do. 

The  Enemy  by  our  unfortunate  Situation  is  at  our  very  Doors,  at  the  Head  of  all 
our  Waters,  ready  to  come  down  upon  Us.  'Tis  therefore  absolutely  necessary  that 
there  be  kept  up  a  constant  and  vigilant  defence  upon  our  Frontiers;  I  can  add 
nothing  on  that  Subject  to  what  l"  recommended  to  you  last  Sessions.  When  I 
shall  know  how  his  Majesty's  Regular  Troops  are  disposed  of,  I  shall  be  able  to 
judge  what  more  particular  measures  may  be  necessary  for  Me  to  take  within  my 
own  Command  of  this  Province. 

During  the  Recess  of  the  General  Court  in  obedience  to  his  Majesty's  Instructions, 


[Notes.]  Province  Laws.  — 1757-58.  135 

I  met  liis  Excellency  the  Earl  of  Loudoun  at  Ilertford  on  February  the  twenty- 
fourth;  his  Lordship  was  pleased  to  acquaint  mo  what  Aid  of  Soldiers  he  must 
require  of  this  Province,  and  further  wlii(;h  I  cannot  hut  liopo  will  he  a  great 
encouragement  to  our  People,  to  express  his  Intention  of  employing  their  Service 
to  the  Eastward;   the  particulars  I  shall  direct  the  Secretary  to  lay  hefore  You. 

It  seems  that  the  Legislatures  of  the  several  Provinces  and  Colonies  of  this 
Northern  Part  of  America  wait  to  give!  Us  the  Lead,  and  Look  to  Us  for  an  Exam- 
ple. Perhaps  it  were  hctter  as  it  would  save  delay  if  every  Asseinhly  had  met  at 
one  time,  and  no  one  waited  to  make  precedents  of  the  other;  llowever  exhausted 
as  this  Province  is,  hy  always  standing  foremost  in  his  Majesty's  Service;  We  shall 
not,  I  trust,  he  the  first  to  desert  tlie  honour  of  his  Majesty's  Arms,  and  the  just 
cause  of  our  Country;  But  that  we  shall  still  he  an  Example  of  Vigor  and  Dispatch. 

T  POWNAI.L. 

March  2,  1758.  The  Secretary  then  by  order  of  the  Governor  laid  before  the  two 
Houses  the  Earl  of  Loudouns  Requisition  of  an  Aid  of  Soldiers  for  his  Majesty's 
Service  as  rcferr'd  to  in  his  Excellency's  Speech. — M""  Agent  Bollan's  Letter  of 
1  October  with  the  Pai)er3  accompanying  the  same  were  also  read  in  both  Houses." 
— Council  lii'cords,  vol.  XXII.,  p.  '2i'o. 

"  March  1."^  1758.  In  the  House  of  llcprcsentatives  Voted  unanimously  That  a 
suitable  number  of  Men  bo  raised  by  this  Government  to  cooperate  with  his  ISIajcs- 
ty's  Forces  in  an  Attempt  for  the  Reduction  of  Canada.  In  Council.  Read  and 
Concurred  unanimously. 

Consented  to  by  the  Governor." — Ibid.,  p.  263. 

"March  13, 1758.  In  the  House  of  Representatives.  Voted  that  seven  thousand 
Men,  inclusive  of  Officers  be  raised  on  the  Part  of  this  Government  l>y  Inlistment 
for  the  intended  Expedition  against  Canada  to  be  formed  into  Regiments  and 
Officered  by  such  of  the  Inhabitants  of  this  Province  as  his  Excellency  the  Captain 
General  shall  be  pleased  to  appoint;  The  said  Men  to  bo  continued  in  the  Service 
for  a  time  not  exceeding  the  first  day  of  November  next,  and  to  be  dismissed  as 
much  sooner  as  his  Majesty's  Service  will  admit.  In  Council.  Read  and  Con- 
curred. 

Consented  to  by  the  Governor." — Ibid.,  p.  204. 

"  March  14,  1758.  In  the  House  of  Representatives  Ordered  That  M""  I*rat,  Colo 
Choate,  Col"  "White,  Colo  Ruggles,  M^  Tyng,  M"-  Paine,  M--  Witt,  and  M'  Bradbury 
with  such  as  the  honourable  Board  shall  join  be  a  Committee  to  consider  what  is 
proper  to  be  further  done,  in  relation  to  the  Expedition  now  under  consideration 
of  this  Court,  and  report.  In  Council.  Read  and  Concurred  and  S""  William  Pep- 
perrell,  John  Osborne,  Jacob  Wendell,  John  Cushing,  Silvanus  Bourn,  Thomas 
Hutchinson  and  William  Brattle  Esq"  arc  joined  in  the  Ailair." — Ibid.,  p.  2()5. 

"  March  15,  1758.  The  Committee  of  both  Houses  appointed  the  14  Instant  to 
consider  what  is  proper  to  be  further  done  in  relation  to  the  Expedition  now  under 
consideration, — reported  the  following  Message  to  the  Governor. 

May  it  please  your  Excellency. 

It  has  been  the  Practice  of  this  Government  to  allow  Subsistence  as  well  as  Pay 
to  their  Forces  from  the  time  of  their  Inlistment,  and  the  two  Houses  are  of  opin- 
ion that  it  will  be  a  discouragement  to  the  Peo2)le  if  they  should  not  on  this  occasion 
be  allowed  in  the  same  manner.  The  Sum  engaged  last  year  by  the  General  of  his 
Majesty's  Forces  for  Subsistance  being  only  two  shillings  Sterling  4f  week  proved 
insufficient;  It  is  therefore  the  desire  of  both  Houses  that  Your  Excellency  would 
be  pleased  to  write  to  General  Abercromby  and  to  endeavour  to  procure  for  the 
Forces  now  proposed  to  be  raised  the  same  Sum  for  their  daily  Subsistance  as  is 
allowed  by  his  Majesty  to  the  Contractor  for  victualling  the  Army,  the  Allowance 
to  commence  at  the  same  time  with  their  Pay  and  to  continue  until  they  receive 
the  Kings  Provisions  at  the  i)lace  of  Rendezvous.  This  Point  being  matle  certain 
will  tend  to  facilitate  raising  the  Men. 

The  two  Houses  beg  leave  further  to  observe  to  your  Excellency,  that  as  many 
of  the  Inhabitants  of  this  Province — especially  those  in  the  Eastern  Parts  of  it  are 
well  acquainted  with  Louisbourgh,  and  there  are  many  wlio  served  there  when  that 
place  was  formerly  reduced,  it  seems  therefore  that  it  would  tend  to  promote  his 
Majesty's  Service  if  some  of  the  Regiments  from  this  Province  should  be  emiiloyed 
in  that  ]iart  of  the  Service  of  the  present  year,  and  your  Excellency  is  likewise 
desired  to  propose  this  tti  the  General  of  his  Majesty's  Forces  accordingly.  In 
Council.  Read  and  Accepted.  And  Ordered  That  Benjamin  Lyndo  Escj  with  Such 
as  the  honourable  House  shall  join  be  a  Committee  to  present  the  foregoing  Mes- 
sage to  his  Excellency  the  Governor. 

In  the  House  of  Representatives.  Read  and  Concurred,  and  Judge  Russell  and 
M""  Flucker  are  joined  in  the  Affair." — Ibid.,  p.  207. 

"March  17,  1758.  The  Committee  ai)pointed  by  both  Houses  to  consider  what 
is  proper  to  be  further  done  in  nhitioii  to  the  Exjiedition  now  under  consideration 
made  rcjiort,  which  with  the  Ann  iidnients  afterwards  made  thereon  by  the  two 
Houses  is  as  follows  viz' 

That  each  abb;  bodied  effective  Man  who  shall  voluntarily  inlist  liimself  into  the 
intended  Expedition  a'.;ainst  Canaila  before  the  fifteenth  day  of  April  next  shall  be 
intitled  to  Thirty  shillings,  aiul  upon  his  pa.ssing  Muster  shall  receive  a  good  Blan- 
kett  and  fifty  sliillings  nions  for  furnishing  himself  with  Cloaths.  Also  That  the 
following  Establishment  be  made  for  Ollicers  and  Soldiers  that  may  be  employed  in 
said  Expedition  viz' 
That  the  Wages  of  a  Colonel  to  each  Regiment  consisting  of  lOno 

Men  be £'.'0  i^  month 

For  one  Lieut'  Colonel  for  such  Begitnent £16      13    4      ditto 


136  Peovince  Laws.  — 1757-58.  [Notes.] 

For  one  Major  to  ditto 13       6    8       ditto 

For  a  Captain  of  100  Men  including  OfScers        .       .        .        .      8      *'    "      ditto 
For  two  Leiutenants  for  sucli  Company  each     .       .        .        .      5      "    "      ditto 

For  one  Ensign  for  ditto 3      10    "       ditto 

For  one  Chaplain  to  each  Regiment 8      "    "      ditto 

For  one  Adjutant  to  each  Regiment ^      <«    <<      ditto 

For  one  Surgeon  to  each  Regiment 10      "    "      ditto 

For  one  Surgeon's  Mate  to  ditto 5       6    8      ditto 

For  each  Sergeant 231       ditto 

For  each  Corporal 1      18    7      ditto 

For  each  Drummer 1      18    7  #*  month 

For  each  Private  Centinel 1      16       ttF  ditto 

And  that  there  he  allowed  for  inlisting  the  several  Soldiers  for  said  Expedition 
two  shillings  each  to  be  paid  to  the  Persons  who  shall  inlist  the  same. 

In  the  House  of  Representatives.  Read  and  Ordered  That  this  Report  he  accept- 
ed.   In  Council.    Read  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  274. 

"March  18,  1758.  In  the  House  of  Representatives  Voted  That  in  addition  to 
other  Encouragements  granted  by  this  Court ;  That  to  every  Non  Commission  Offi- 
cer and  private  Soldier,  that  shall  voluntarily  inlist  themselves  into  his  Majesty's 
Service  for  the  present  intended  Expedition  against  Canada,  and  shall  actually  pro- 
ceed thereon,  there  be  paid  to  every  such  person  on  his  Return,  or  to  his  Executors 
or  Administrators  in  case  they  die  in  the  Service  the  Sum  of  Ten  Pounds,  in  case 
the  said  Government  of  Canada  shall  by  said  Expedition  be  reduced  to  a  Subjection 
to  his  Majesty's  Arms.    In  Council.    Read  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  276. 

"  March  22,  1758.  In  the  House  of  Representatives.  "Whereas  it  appears  to  be  his 
Majesty's  Pleasure  that  the  Forces  now  proposed  to  be  raised  shall  bo  victualled  at 
the  charge  of  the  Crown  from  the  time  of  their  engaging  in  the  Service;  but  no  ex- 
press direction  is  given  in  what  manner  they  shall  be  furnished  untill  their  Arrival 
at  the  Place  of  rendezvous ;  and  it  being  necessary  in  order  to  encourage  such  Inlist- 
ment  that  such  Subsistence  should  be  advanced  untill  Orders  can  be  received  from 
the  General  of  his  Majesty's  Forces.  Therefore  Voted  That  each  Soldier  who  shall 
inlist  into  the  Service  on  the  proposed  Expedition  against  Canada  and  shall  pass 
Muster,  shall  be  intitled  to  six  pence  sterls  <\p'  day  for  Subsistence  from  the  time  of 
his  Inlistment,  till  he  arrive  at  such  Place  where  he  shall  receive  the  Kings  Allow- 
ance.   In  Council,  Read  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  290. 

"March  22,  1758.  In  the  House  of  Representatives  Voted  That  his  Excellency 
the  Governor  be  desired  to  issue  his  Proclamation,  therein  representing  the  Encour- 
agement voted  by  this  Court  to  Such  as  shall  inlist  into  the  proposed  Expedition  for 
the  Reduction  of  Canada.  In  Council.  Read  and  Concurred,  and  Ordered  That  Sil- 
vanus  Bourn  Esq  with  Such  as  the  honourable  House  shall  join  be  a  Committee  to 
wait  upon  his  Excellency  with  the  desire  of  the  two  Houses  accordingly. 

In  the  House  of  Representatives  Read  and  Concurred  and  M'  Flucker  and  M' 
Foster  are  joined  in  the  Affair." — Ibid.,  p.  291. 

"  By  his  Excellency  Tliomas  Pownall  Esq  Captain  General  and  Governor  in  Cheif 
in  and  over  his  Majesty's  Province  of  the  Massachusetts  Bay  in  New  England  and 
Vice  Admiral  of  the  Same. 

A  Proclamation. 

His  Majesty  feeling  for  the  Miseries  that  His  People  of  these  his  Dominions  daily 
suffer  from  the  Ravages  and  Massacres  of  a  perfidious  and  a  Savage  Enemy,  and 
sensible  of  the  very  dangerous  and  Urgent  Crisis  to  which  this  Country  is  reduced, 
has  determined  to  make  a  General  Invasion  on  Canada;  and  to  carry  War  into  the 
Heart  of  the  Enemy's  Country:  And  now  calls  upon  his  faithful  and  brave  Subjects 
of  New  England  to  join  and  cooperate  with  that  Body  of  his  Forces  which  He  hath 
been  pleased  to  destine  for  that  Service.  And  in  a  just  grounded  Expectation  that 
the  best  Gentlemen  and  Freeholders  will  engage  in  the  Service  at  this  Good  Time 

His  Majesty  is  graciously  pleased  to  grant  to  the  Officers  of  his  American  Forces 
a  Rank  &  Command  equal  to  the  Officers  of  his  British  Forces,  except  that  the  Offi- 
cers of  the  Mother  Country  are  in  their  respective  Ranks  to  be  considered  as  Seniors 
to  those  of  the  Provinces. 

His  Majesty  is  further  pleased  to  give  to  the  Forces,  Arms,  Ammunition,  Tents, 
and  Provisions,  and  to  such  who  shall  take  with  them  good  and  sufficient  Arms  of 
their  own  an  Allowance  for  the  same,  the  Loss  or  damage  of  which  his  General  will 
make  good. — 

And  Whereas  this  his  Majesty's  dutiful  and  loyal  Province  in  full  confidence  of 
his  wise  Measures,  and  in  Obedience  to  his  Royal  Commands  have  unanimously  Re- 
solved to  raise  a  sufficient  number  of  Men,  and  for  the  Encouragement  to  the  People 
to  inlist  have  engaged  a  Bounty  of  thirty  shillings  unto  each  able  bodied  effective 
Man  who  shall  voluntarily  inlist  in  the  Service  before  the  fifteenth  day  of  April 
next  to  be  paid  at  the  time  of  his  Inlistment,  and  a  good  Blanket,  and  fifty  shil- 
lings more  for  furnishing  himself  with  Cloaths  to  be  paid  and  delivered  upon  his 
passing  Muster,  and  have  as  a  further  Encouragement  to  every  Non  Commission 
Officer  and  Private  Soldier  that  shall  voluntarily  inlist  in  the  Service  aforesaid  and 
actually  proceed  in  it  promised  the  Sum  of  Ten  Pounds,  to  be  paid  to  every  such 
person  on  his  Return;  or  to  his  Executors  or  Adnunistrators  in  case  he  die  in  the 
Service,  provided  the  Government  of  Canada  shall  by  the  proposed  Expedition  be 
reduced  to  a  Subjection  to  his  Majesty's  Arms,  and  have  likewise  made  an  Estab- 
lishment for  the  Wages  of  each  Private  Centinel  at  the  rate  of  thirty  six  shillings  ^ 
month.    And  the  General  Court  have  further  made  Provision  for  advancing  to  each 


[Notes.]  Province  Laws.  — 1757-58.  137 

Private  Man,  From  the  Time  of  His  Enlistment  Six  Pence  Sterling  i<^  day  for  his 
Subsistance  till  He  shall  arrive  at  such  Place  where  He  receives  the  Kings  Pro- 
visions. 

I  do  therefore  hereby  promise  in  his  Majesty's  Name,  and  in  behalf  of  his  Mai- 
esty's  Province  of  the  Massachusetts  Bay  that  there  shall  be  a  full  compliance  with 
the  aforementioned  Articles. 

And  Whereas  many  Persons  in  his  Majesty's  Sersice  and  in  the  Pay  of  this  Gov- 
ernment have  deserted  from  said  Service,  and  have  yet  suffered  no  other  Penalties 
than  the  Forfeiture  of  their  Wages. 

I  do  hereby  engage  that  upon  their  Inlisting  on  this  Occasion  they  shall  receive  a 
full  Pardon  and  be  exempt  from  all  the  Penalties  to  which  they  will  otherwise  be 
Btill  exposed.  And  I  do  hereby  call  upon  all  Persons  in  Authority  and  all  Officers 
Civil  and  Military  that  they  use  their  Utmost  Influence  to  Encourage  and  Promote 
this  Service  so  Essential  to'  the  Liberties  and  Pcing  of  this  Country. 

Given  at  Boston  the  twenty  third  day  of  March  i7.')8  and  in  the  thirty  first  Year  of 
the  Reign  of  our  Sovereign  Lord  George  the  Stroud,  by  the  Grace  of  God  of  Great 
Britain  France  &  Ireland  King  Defender  of  the  Faith  &c 

By  his  Excellencys  Command        _  T.  Pownall. 

A.  Oliver  Secrty."— 7?''cords  of  Ciril  Commissions,  vol.  2^,  p.  13. 

"  March  25, 1758.  After  which  his  Excellency  was  pleased  to  recommend  it  in  the 
strongest  manner  to  the  Members  of  the  Court,'  that  on  their  Return  to  their  respec- 
tive Towns,  they  would  endeavour  to  promote  among  the  People  the  same  Spirit  of 
Unanimity  &  Vigour  which  they  had  so  remarkalily  shewn  in  their  own  Reso- 
lutions, to  join,  one  &  all  in  cooperating  with  his  Majestys  Forces  for  the  Reduc- 
tion of  Canada  on  which  (under  God)  their  Prosperity  seemed  in  so  great  a  Measure 
to  depend. — Council  Jiecords,  vol.  XXII.,  p.  305. 

"March  25,  1758.  The  Secretary  by  Order  of  the  Governor  went  down  to  the 
House  of  Representatives  with  a  Message,  directing  their  Attendance  in  the  Coun- 
cil Chamber. 

M'  Speaker  and  the  House  came  up  accordingly;  when  his  Excellency  was  pleased 
to  communicate  to  the  two  Houses  the  Advices  he  had  just  received  from  Great 
Britain,  relative  to  the  Measures  formed  for  the  reduction  of  Canada,  in  which  it 
was  expected  the  several  Colonies  on  the  Continent  should  vigorously  cooperate 
■with  his  Majesty's  Regular  Forces;  And  after  recommending  the  Affair  to  the  seri- 
ous and  immediate  Attention  of  the  Court,  his  Excellency  was  pleased  to  deliver  to 
M'  Speaker  a  Letter  he  had  received  from  the  Right  honourable  William  Pitt  Esq. 
one  of  his  Majesty's  Principal  Secretaries  of  State  dated  Whitehall  December  ;30. 
1757;  which  Letter  had  been  previously  read  at  the  Board.  And  then  M'  Speaker 
with  the  House  returned  to  their  own  Chamber." — Ibid. 

"  Whitehall  Dec'  30. 1757.— 

Sir,  His  Majesty  having  nothing  more  at  Heart,  than  to  repair  the  Losses,  and 
Disappointments,  of  the  hist  inactive  &  Unhappy  Campaign;  And,  by  the  most 
vigorous  &  extensive  Efforts,  to  avert,  by  the  Blessing  of  God  on  His  Arms,  the 
Dangers  impending  on  North  America;  and  not  doubting,  but  all  his  Faithfull  and 
Brave  Subjects  there  will  chearfuUy  cooperate  with  and  Second,  to  the  Utmost, 
the  large  Expence,  and  extraordinary  Succours,  supplied  by  this  Kingdom  for  their 
Preservation  and  Defence;  And  His  Majesty  considering  that  the  several  Provinces, 
in  particular,  from  Proximity  and  Accessibility  of  Situation,  more  immediately 
obnoxious  to  the  Irniittions  of  the  Enemy  from  Canada,  are  of  Themselves,  well 
able  to  furnish  at  least  Twenty  Thousand  Men,  to  join  a  Body  of  The  King's  Forces 
for  invading  Canada,  by  the'  Way  of  Crown  Point,  and  carrying  War  into  the 
Heart  of  the  Enemy's  Possessions;— And  His  Majesty  not  judging  it  expedient  to 
limit  the  Zeal  and  Ardor  of  any  of  His  Provinces,  by  making  a  Repartition  of  the 
Force  to  be  raised  by  Each  respectively,  for  this  most  important  Service;  I  am 
Commanded  to  signify  to  You  the  King's  Pleasure,  that  You  do  forthwith  use  your 
Utmost  Endeavours  &  Influence,  with  the  Council  and  Assembly  of  Your  Province, 
to  induce  Them  to  raise,  with  all  possible  Dispatch,  as  large  a  Body  of  Men,  within 
Your  Government  as  the  Number  of  its  Inhabitants  may  allow;  and  forming  the 
same  into  Regiments,  as  far  as  shall  be  formed*  Convenient,  That  You  do  direct 
Them  to  hold  Themselves  in  Readiness,  as  early  as  may  be,  to  march  to  the  Ren- 
dezvous at  Albany,  or  such  other  Place,  as  His  Majesty's  Commander  in  Cheif  in 
America,  shall  appoint,  in  order  to  proceed,  from  thence,  in  Conjunction  with  a 
Body  of  The  King's  British  Forces,  and  under  the  Supreme  Command  of  His 
Majestj's  said  Commander  in  Cheif  in  America,  so  as  to  be  in  a  Situation  to  begin 
the  Operations  of  the  Campaign,  by  the  First  of  May,  if  possible,  or  as  soon  after 
as  shall  be  any  way  practicable,  by  attempting  to  make  an  Irruption  into  Canada, 
as  above,  by  the  Waj'  of  Crown  Point,  and,  if  found  practicable,  to  attack  either 
Montreal,  or  Quebec,' or  Both  of  the  said  places,  successively,  with  the  whole  Force 
in  one  Body,  or  at  one  and  the  same  time,  by  a  Division  of  the  Troops,  into  sei)erate 
and  distinct  Operations,  according  as  His  Majesty's  said  Commander  in  Cheif,  shall, 
from  his  Knowledge  of  the  Countries,  thro'  which  the  War  is  to  be  carried,  and 
from  emergent  Circumstances  not  to  be  known  here,  judge  any  of  the  said  Attempts 
to  be  practicable. 

•  •  •  •  •  • 

And  the  better  to  fa<'ilitate  this  important  Service,  Tlie  King  is  pleased  to  leave 
it  to  You  to  i.ssue  Commissions  to  such  Gentlemen  of  Your  Province,  a.s  You  shall 
judge,  from  their  Weight  and  Cre<lit  with  the  People,  and  their  Zeal  for  the  Public 
Ser\'ice,  may  be  best  disposed  and  enabled  to  quicken  and  effectuate  the  speedy 
Le\'5'ing  of  the  greatest  Number  of  Men;  In  the  Disiwsition  of  which  Commissions, 

•  Sic. 


138  Peovince  Laws.  — 1757-58.  [Notes.] 

I  am  persuaded,  You  will  have  nothing  in  View  but  the  Good  of  the  King's  Service, 
and  a  due  Subordination  of  the  whole,  when  joined,  to  His  Majesty's  Commander 
in  Cheif. — And  all  Officers  of  the  Provincial  Forces,  as  high  as  Coifonels  inclusive, 
are  to  have  Rank;  according  to  their  several  respective  Commissions,  in  like  Man- 
ner as  is  already  given,  by  His  Majesty's  Regulations,  to  the  Captains  of  Provincial 
Troops  in  America. 

The  King  is  further  pleased  to  furnish  all  the  Men,  so  raised  as  above,  with  Arms, 
Ammunition,  and  Tents,  as  well  as  to  order  Provisions  to  be  issued  to  the  same, 
by  his  Majesty's  Commissaries,  in  the  same  Proportion  and  Manner,  as  is  done  to  the 
rest  of  The  King's  Forces; — A  sufficient  Train  of  Artillery  will  also  be  provided,  at 
His  Majesty's  Expence;  for  the  Operations  of  the  Campaign;  and  the  Ship,  tliat 
conveys  this,  Carries  Orders  for  the  timely  providing,  at  the  King's  Charge,  with 
the  utmost  Diligence  and  in  an  ample  Manner,  Boats,  and  Vessells,  necessary  for 
the  Traosportation  of  the  Army  on  this  Expedition. — The  whole,  therefore,  that 
His  Majesty  expects  and  requires  from  the  several  Provinces,  is,  the  Levying, 
Cloathing,  and  Pay  of  the  Men.  And  on  these  Heads  also  that  no  Encouragement 
may  be  wanting  to  this  great  and  salutary  Attempt,  The  Kings*  is  farther  Most 
Graciously  pleased  to  permit  me  to  Acquaint  You,  that  strong  Recommendations 
will  be  made  to  Parliament  in  their  Session  next  Year,  to  grant  a  proper  Compen- 
sation for  such  Exigences  as  above,  According  as  the  active  Vigour  &  strenuous 
Efforts  of  the  respective  Provinces  shall  justly  appear  to  merit. 

Although  several  thoiisand  Stands  of  Arms  will  be  forthwith  sent  from  England, 
to  be  distributed  to  the  Troops  now  directed  to  be  raised,  in  the  Northern  &  South- 
ern Provinces  Yet,  as  it  is  hoped,  that  the  numbers  of  Men,  levyed  in  all  Parts  of 
America  may  greatly  exceed  the  Quantity  of  Arms,  that  can  at  present  be  supplied 
from  England;  It  is  His  Majesty's  Pleasure,  that  You  do,  with  particular  Diligence, 
immediately  collect,  and  put  into  the  best  Condition,  all  the  serviceable  Arms, 
that  can  be  found  within  your  Government,  in  order  that  the  same  may  be  em- 
ployed, as  far  as  they  will  go  in  this  Exigency. 

I  am  further  to  inform  You,  that  Similar  Orders  are  sent  by  this  Conveyance,  to 
New  Hampshire,  Connecticut,  Rhode  Island,  New  York,  and  New  Jersey,— The 
Southern  Governments  are  also  directed  to  raise  Men  in  the  same  Manner  to  be 
employed  in  such  Offensive  Operations,  as  the  Circumstances  &  Situation  of  the 
Enemy's  Posts,  in  those  Parts,  may  point  out;  which  it  is  hoped,  will  oblige  them 
80  to  divide  their  Attention,  &  Forces,  as  will  render  the  several  Attempts  more 
easy  and  SuccessfuU. 

It  is  unnecessary  to  add  any  thing  to  animate  your  Zeal,  in  the  Execution  of  His 
Majesty's  Orders  on  this  great  Occasion,  where  the  Safety  and  Preservation  of 
America  &  of  your  own  Province  in  particiilar,  are  at  Stake;  and  the  King  doubts 
not,  from  your  known  Fidelity  and  Attachment,  that  You  will  employ  yourself 
with  the  Utmost  Application  &  Dispatch,  in  this  Urgent  and  dangerous  Crisis: — 
Altho',  the  Knowledge  of  an  Intention  to  invade  Canada  is  apprehended  to  be  not 
only  unattended  with  any  Inconvenience,  but  necessary  to  be  propagated  in  the 
Provinces,  in  order  to  give  Success  to  the  Levies,  Yet  as  Secrecy  in  all  Enterprizes 
on  particular  Places  is  of  the  greatest  Importance,  The  King  is  persuaded,  that  You 
will  use  all  proper  Discretion  in  communicating,  by  Name,  any  of  the  immediate 
Objects  before  pointed  out,  further  than  to  such  Persons,  to  whom  it  may  be  neces- 
sary; for  the  Good  of  the  Service,  contidentially  to  entrust  the  same.— I  am  Sir 

Your  most  obedient  humble  Serv'     W.  Pitt." — "  Letters," 
vol.  2,  p.  206,  in  Secretari/s  Office. 

"  March  27, 1758.  Advised  &  Consented  that  Warrants  be  made  out  to  the  Treas- 
urer to  Advance  and  pay  to  the  several  Persons  hereafter  mentioned  the  following 
sums  to  be  by  them  paid  over  in  Bounties  to  such  Persons  as  shall  voluntarily  Enlist 
in  the  intended  Expedition  against  Canada,  they  first  giving  Bond  with  Sureties 
to  the  Treasurer  that  the  Money  received  shall  be  duly  applied  to  that  end. — Viz' 

To  Major  Artemas  Ward,  the  sum  of  Three  hundred  Pounds. 

To  Col"  Thomas  Doty,  the  sum  of  Two  thousand  Pounds. 

To  Col°  Ebenezer  Nichols,  the  sum  of  Two  thousand  Pounds. 

"To  Col"  Jonathan  Bagley,  the  sum  of  Two  thousand  Pounds. 

To  Colo  Jedidiah  Preble,  the  sum  of  Two  thousand  Pounds." — Executive  Records 
of  the  Counril,  vol.  3,  p.  363. 

"  My  Lords, 

Since  the  vote  which  the  General  Court  pass'd  to  raise  7,000  Men  for 
the  Expedition,  they  form'd  a  supply  Bill  enabling  the  Treasurer  to  borrow  £28,000 
for  the  immediate  purpose  of  the  Levy.  And  although  the  Government  be  now  in 
debt  £110,000  sterling  and  although  it  must  in  the  Year  1758  raise  the  sum  of  £73,000 
and  in  the  year  175;)  the  sum  of  £73,930  to  pay  off  Government  securities  which  will 
.  then  become  due  (the  ordinary  expences  of  the  Government  being  in  the  mean 

while  £37,500  sterling  -^  ann:  exclusive  of  any  Military  operations)  Yet  such  is  the 
spirit  of  the  People  such  their  confidence  in  the  present  administration  and  conse- 
quently such  the  credit  of  the  Governm'  that  upon  the  Treasurer's  opening  his 
subscription  it  was  fiU'd  in  12  hours."  Extract  from  letter  of  Gov.  Poivnall  to  the 
Lords  of  Trade,  Mar.  [2  ?]  6,t  1758:  "  Mass.  Bay,  B.  T.,"  vol.  16, 1,  i.,  49, 

"  April  21,  1753.  In  the  House  of  Representatives.  Voted  that  the  time  for  rais- 
ing the  intended  Levies  for  the  Expedition  against  Canada  by  Inlistment  be 
lengthned  out  upon  the  same  Bounty  'till  the  second  day  of  May  next,  and  in  case 
the  number  of  Forces  voted  to  be  raised  by  this  Government  shall  not  be  com- 
pleated  l)y  four  o'clock  in  the  Afternoon  on  said  day;  That  his  Excellency  the  Cap- 
tain General  be  desired  to  give  orders  for  making  up  the  Deficiency  by  an  Impress 
In  Council.    Read  and  Concurred. 

Consented  to  by  the  Governor." — Council  Records,  vol.  XXII.,  p.  314. 

*  Sic.  t  See  foot-note  to  note  to  chap.  25,  ante. 


[Notes.]  Province  Laws. — 1757-58.  139 

"April  22,  IToS.  In  the  ITouse  of  Representatives.  Voted.  That  his  Exoelleney 
the  Governor  he  desired  to  Issue  his  I'roilauiation  proinisiiig  the  same  Jiounty  to 
Bucli  as  sliall  iulist  into  tlie  Service,  on  tlie  jiroiiosed  Expedition  against  Canada  on 
or  b(»fore  the  second  day  of  May  next  four  o'clock  Afternoon,  that  has  heen  already 
voted  by  this  Court  to  such  as  have  inlisted  into  said  Service  before  tlie  15"'  Instant; 
and  that  his  Excellency  would  be  jileased  to  a|>porfion  the  700()  Men  voted  to  1)6 
raised  for  said  Service  on  the  several  Regiments  and  Troojis  of  Horse  within  this 
Province,  without  having  regard  to  any  belonging  to  such  Regiment  or  Troop  that 
may  bo  absent  in  any  other  Service,  and  iiifonn  the  Cheif  Commanding  Oflicers  of 
the  said  Regiments  and  Troo])s,  of  the  nuiiiber  it  is  expected  tlwy  should  respec- 
tively furnish  in  the  whole  towards  the  said  7000  Men.  In  Council.  Read  and 
Nonconcurrcd." — Ihid.,  p.  .'Uli. 

"April  22,  1758.  Col"  Quincy  from  the  House  of  Representatives  came  tip  with 
a  niessagi!  to  the  Board  to  inquire  if  they  had  passed  on  the  Vote  of  the  House 
desiring  his  Kxcellency  to  issue  his  proclamation  further  to  encourage  the  raising 
the  7000  Men  for  the  Proposed  Expedition  against  Canada,  and  to  desire  that  if  the 
said  Vote  is  nonconcurred,  it  may  bo  sent  down  to  the  IIouscj  Samuel  Dauforth  Esq 
accordingly  carried  down  the  said  Vote  to  the  House,  it  having  been  nonconcurred 
by  the  lioard. "—//;/(/.,  p.  310. 

"  By  his  Excellency  Thomas  Pownall  Esq  Captain  General  &  Governor  in  Cheif 
in  and  over  his  ^Majesty's  Province  of  the  Massachusetts  Bay  in  New  England  and 
Vice  Admiral  of  the  Same. 

A  Proclamation. 

Having  on  the  23<i  day  of  March  last  issued  my  Proclamation  for  encouraging  the 
Inlistment  of  Seven  thousand  Men  into  his  Majestys  Service  for  a  general  Invasion 
of  Canada — therein  setting  forth — That  this  Government  had  promised  unto  each 
alile  bodied  effective  Man  who  should  voluntarily  inlist  into  said  Service  before  the 
15"'  day  April  Instant  and  pass  Muster  a  Bounty  of  Four  Pounds  and  a  good 
Blanket,  And  to  every  Non  Comission  Officer  &  Private  Soldier  that  should 
voluntarilj'  inlist  in  the  Service  aforesaid  &  actually  proceed  in  it,  the  Sum  of  Ten 
Pounds  to  be  ]iaid  to  every  such  Person  on  his  return,  or  to  his  Executors  or 
Administrators  in  case  he  die  in  the  Service  providi^d  this  (Jovernment  of  Canada 
shall  l)y  the  proposed  Exiiedition  be  re<luce(l  to  a  Subjection  to  his  ^lajesty's 
Arms;  And  had  likewise  made  an  Eslablishment  for  the  Wages  of  each  Private 
Centinel  at  the  rate  of  thirty  six  shillings  ^|^  month;  and  had  further  made  pro- 
vision for  advancing  to  each  Private  Man  from  the  time  of  his  Inlistment  six  pence 
Sterling  #■*  day  for  his  Subsistence  till  he  shall  arrive  at  such  Place  where  he 
receives  the  Kings  Provisions. — 

And  Whereas  the  Great  and  General  Court  in  order  to  compleat  the  Levy  of 
said  Men  have  lengthened  out  the  time  for  their  Inlistment  u]ion  the  same  Bounty 
till  the  second  day  of  May  next. — I  do  hereby  promise  in  behalf  of  this  his  Majesty's 
Province  of  the  Massachusetts  Bay  that  there  shall  be  a  full  compliance  with  such 
Engagement.  And  that  all  such  Persons  who  shall  inlist  as  aforesaid  shall  be 
further  intitleil  to  all  other  Privilcdges  and  Advantages  set  forth  in  the  foremen- 
tioned  Proclamation — Provided  said  Men  shall  inlistat  or  before  four  of  the  Clock 
in  the  Aftijrnoon  of  the  said  second  day  of  May;  after  which  time  all  such  able 
bodied  men  as  are  tit  for  the  Service,  and  who  are  not  by  Law  exempted,  will  be 
liable  to  an  Impress  in  consequence  of  the  same  Order  of  the  Great  and  General 
Court  and  will  not  be  intitled  to  the  Bounty  or  Privileges  engaged  to  Such  as  shall 
voluntarily  inlist  before. 

Given  at  Boston  the  twenty  second  day  of  April  1758,  and  in  the  thirty  first  year 
of  the  Reign  of  our  Soverei,Mi  I^nrd  Creorge  the  Second  by  the  Grace  of  God  of  Great 
Britain  France  and  Ireland  King  Defender  of  the  Faith  &<: 

Bj"  his  Excellencys  Command  T  Pownall. 

A  Oliver,  Secfty  " — liecords  of  Civil  Commisxioji/i,  nt  supni,  p.  15. 

"  To  his  Excellency  Thomas  Pownall  Esqr.  Cap'  General  &c  of  his  Maj*  Province 
of  the  Massachutts  Bay  in  Now  England. 

We  the  Subscribers  who  your  ExceKx  has  been  pleased  to  appoint  Officers  to  go 
in  the  Intended  Expedition  Against  Canada  Beg  leave  humbly  to  represent  That 
we  Esteem  it  Absolutely  necessary  it  be;  made  certain  before  the  Trooj>s  march 
that  they  be  furnished  with  camp  furniture  jiartioularly  Kettles  &  Haversacks. — 

Also  to  encourage  good  Surgeons  to  Undertake  in  the  Service  that  the  Establish- 
ment for  their  pay  may  be  Enlarged  &  each  Regiment  have  at  least  two  Surgeons 
Mates  we  fintl  that  Gentlemen  of  Character  are  unwilling  to  eng;ige  upon  the 
present  establishment 

Uj'on  the  Strictest  enquiry  we  find  the  provincial  Troops  may  not  depend  upon 
the  Kings  Armorers  for  the  rejiair  of  their  Arms  AVe  beg  that  each  Regiment  be 
provided  with  an  Armorer  &  one  assistant  at  least. 

In  order  to  engage  Gentlemen  of  the  best  Character  to  Undertake  as  Chaplains 
it  Ajipears  Necessary  the  establishment  for  them  be  Enlarged. 

We  desire  your  Exceli'J"  ])articular  care  that  Ineffective  persons  may  not  be 
Sufft'retl  to  go  in  the  Army  (persons)  for  ^len  we  cannot  call  Numbers  that  have 
Enlisted  &  Mustered. 

And  that  a  Courier  may  be  Appointed  constantly  to  carry  Dispatches  to  & 
from  the  Army 

Ol*  PAUTRtnr.E  W  Williams 

Artkmas  Wahd  Nath"-  Thwi.ng  Tim^  Rr<;f;LE8 

Stephkn  Miller  Thomas  Doty 

Jonathan  Bagly 

— Archives,  vol.  100,  p. 'in.  Jo*  Williams" 


140  Peovikce  Laws.  — 1757-58.  [Notes.] 

"  April  11^  1758.  The  Secretary  by  Order  of  his  Excellency  the  Governor  deliv- 
ered the  following  Message  to  the  two  Houses,  and  laid  before  them  the  Memorial 
therein  referred  to.    viz* 

Gentlemen  of  the  Council  and  House  of  Representatives 

I  desire  to  recommend  to  your  consideration  this  Memorial  of  the  Officers  of  the 
Regiments  to  be  raised  for  invading  Canada,  When  our  Fellow  Country-men  turn 
out  so  cheerfully  in  the  Service  of  their  Country,  We  should  not  measure  our 
Bounty  to  them  by  a  scrupulous  Reasoning  upon  strict  Right— but  by  a  Generosity 
that  may  render  that  the  Service  as  comfortable  to  them  as  the  nature  of  the  thing 
will  admit. 

By  looking  over  the  Preparations  of  last  Campaign  I  find  there  was  allowed  by 
the  Province  Knapsacks,  Hatchets  Tinkettles  and  Tin  Flasks.  The  importance  of 
this  Service  does  not  call  for  less  Preparation,  It  would  also  be  a  great  Releif  to  the 
Labours  of  the  Men,  if  some  means  were  provided  of  carrying  forward  their  Baggage 
to  the  Rendezvous.  T.  Pownall. 

In  the  House  of  Representatives.  Ordered  that  Col"  Lawrence,  M^  Tyng,  James 
Russell  Esq  M>"  Witt  and  M""  Foster  with  such  as  the  honourable  Board  shall 
appoint  be  a  Committee  to  take  his  Excellency's  Message  to  both  Houses  of  this 
Afternoon  with  the  Memorial  accompanying  the  same  under  consideration  and 
report  what  they  judge  proper  for  this  Court  to  do  thereon.  In  Council.  Read  and 
Concurred  and  John  Osborne  John  Erving  Benjamin  Pickman  and  Gamaliel  Brad- 
ford Esqi's  are  joined  in  the  Affair." — Council  RecoixU,  vol.  XXII.,  p.  ?>2\. 

"  April  24,  1758.  John  Osborne  Esq  from  the  Committee  on  his  Excellency's 
Message  of  the  22<i  Instant  made  the  following  Report  viz' 

That  a  good  Knapsack  and  a  Tin  Flask  or  Wooden  Bottle  be  forthwith  provided 
for  each  person  going  in  the  Expedition  also  a  Tin  kettle  of  ten  quarts  with  a  small 
or  light  Wood  Axe  for  each  Mess,  six  Men  to  a  Mess,  That  a  Chaplains  Pay  be 
advanced  Forty  shillings  provided  he  is  an  ordained  Minister  and  Obliged  to  leave 
his  Congregation  and  not  otherwise.  And  That  there  be  allowed  two  Surgeons 
Mates  instead  of  one. 

In  the  House  of  Representatives.  Read  and  Accepted.  In  Council.  Read  and 
Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  326. 

Chap.  33.  July  3,  1756.  An  Accompt  presented  by  M''  James  Russell  Commis- 
sioner of  the  Stamp  Duties,  containing  the  several  Articles  of  Receits  as  also  of 
Payments  &  Expences  for  the  last  Year  amounting  to  the  Sum  of  £979:  11:  9^ 

In  the  House  of  Representatives;  Read  &  Ordered  that  this  Account  be  accepted 

!  In  Council;  Read  &   Concur'd Consented  to  by  the  Lieu'  Governour." — 

'  Comiml  Recoi-ds,  vol.  XXI.,  p.  225. 

"  March  22,  1758.  In  the  House  of  Representatives.  Resolved  That  all  Persons 
in  this  Province  who  purchased  any  stamped  Papers  or  Blanks  of  the  Commission- 
ers 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  Mouths  from  this  time. 

In  Council— Read  and  Nonconcurred." — Ibid.,  vol.  XXII., p.  291. 

Chap.  34.  "April  28,  1758.  The  Secretary  by  order  of  his  Excellency  the  Gover- 
nor delivered  the  following  Message  to  the  House  of  Representatives,  viz' 

Gentlemen  of  the  House  of  Representatives. 

I  have  received  a  Memorial  from  Col"  Jarvis  Agent  for  the  Contractors  for  vict- 
ualling his  Majesty's  Forces,  which  I  shall  direct  the  Secretary  to  lay  before  you. 

I  see  no  disadvantages  likely  to  arise  to  the  Service  if  the  Provincial  Forces  in 
the  County  of  York  and  those  in  the  County  of  Barnstable,  who  can  embark  on  the 
South  Side  of  the  Cape  should  proceed  as  far  as  Albany  by  Water,  as  it  is  probable 
they  may  go  as  soon  that  way,  as  by  Land.  If  you  are  of  that  Opinion,  you  will' 
make  provision  for  Transports  accordingly.  But  as  the  Passage  by  Water  is  attended 
with  some  Uncertainty,  I  cannot  think  it  adviseable  for  any  great  proportion  of  the 
Forces  to  proceed  that  way,  and  I  shall  therefore  give  Orders,  that  Magazines  of 
Provisions  be  forthwith  laid  in  at  proper  Stations  for  the  remaining  Part  of  them; 
And  if  you  think  it  necessary  to  provide  for  any  charge  that  may  attend  the  Trans- 
portation of  their  Baggage,  I  will  give  seasonable  direction  for  the  taking  up  Wag- 
gons or  Carts  accordingly. 

T  PowNALL." — Council 
Records,  vol.  XXII.,  p.  345. 

"  April  28,  1758.  The  Secretary  by  Order  of  his  Excellency  the  Governor  deliv- 
ered the  following  Message  to  the  two  Houses  respectively  viz' 

Gentlemen  of  the  Council  and  House  of  Representatives. 

In  your  Votes  that  have  come  up  to  me,  I  do  not  observe  that  any  Provision  is 
made  for  the  Surgeon's  Chests. 

I  must  acquaint  You  that  the  Crown  provides  only  for  the  General  Hospital,  and 
not  for  the  Itegimental  Chests.  That  is  a  Regimental  Affair,  no  Fund  can  possibly 
be  found  out  of  the  Provision  made  for  the  Regiments  of  this  Province  for  such; 
Tis  AbsolutL-ly  the  duty  of  the  Government  to  take  care  for  the  health  and  Lives 
of  its  Soldiers ;  and  I  hope  you  will  give  this  its  dite  weight. 

Province  House  T  Pownall. 

April  28,  1758. 

In  the  House  of  Representatives  Ordered  That  his  Excellency's  Message  to  the 
two  Houses  be  committed  to  the  Committee  appointed  on  his  Excellency's  Mes- 


[Notes.]  Province  Laws.  — 1757-58.  141 

sage  of  the  22'1  Instant  to  consider  &  report  what  they  judge  proper  for  this  Court 
to  do  thereon.    In  Council.     Read  and  Concurred." — Ibid.,  p.  347. 

"  April  29, 1758.  The  Committee  appointed  on  his  Excellency's  Message  of  the 
28'h  Instant  made  the  following  Report,  viz' 

That  there  be  forthwith  provided  a  suitable  Chest  of  Medicines  for  each  Regiment 
going  in  the  Expedition  against  Canada  not  exceeding  Sixty  Tounds  lawful  ISIoney 
vaUie,  and  that  each  Surgeon  give  directions  what  kind  of  Medicines  shall  be  put  up 
in  his  own  Chest,  which  is  submitted.  J.  OsnoiiNK  W  order. 

In  the  House  of  Representatives.  Read  and  Ordered  that  this  Report  be  Accept- 
ed.   In  Council.    Read  and  Concurred. 

Consented  to  by  the  Governor. 

In  the  House  of  Representatives.  Voted  That  the  several  Sums  of  money  lodged 
in  the  hands  of  the  Treasurers  of  the  Towns  and  Districts  within  this  Trovince, 
arising  by  Fines  collected  from  Soldiers  impressed  in  tlu;  Year  17r><)  for  the  Crown 
Point  Expedition,  be  ai)plicd  for  raisiiig  and  encouraging  of  Men  for  the  Present 
Expeilition  against  Canatia.  And  the  Treasurers  of  the  several  Towns  &  Districts 
are  hereby  (lir(!cted  to  pay  the  same  to  Soldiers  belonging  to  the  Company  or  Troop 
from  which  such  money  was  collected,  who  are,  or  shall  be  engaged  in  the  Expe- 
dition iigainst  Canada,  by  Order  of  the  Captain  or  Cheif  Officer  of  such  Company 
or  Troop.     In  Council.     Read  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  M8. 

"  April  29,  1758.  The  Committee  appointed  on  his  Excellencys  Message  of  the  18"» 
Instant  reported  the  following  draft  of  a  Message  to  his  Excellency  in  answer  there- 
unto, viz' 

The  Consideration  of  your  Excellency's  Message  to  both  Houses  on  the  18'h  Cur- 
rent accom|ianycd  with  a  Copy  of  a  Vote  of  the  General  Assembly  of  tlie  Colony  of 
Connccticur.  a  Letter  from  the  Governor  of  that  Colony,  and  your  Excellency's  An- 
swer, to  the  same,  has  hitherto  been  postponed  in  expectation  of  Intelligence  of  the 
Resolutions  of  that  respectable  Colony  posterior  to  their  Governor's  receiving  your 
Excellency's  Answer  and  his  being  thereby  informed  that  it  was  impossible  for 
Commissioners  on  the  Part  of  this  Government  to  be  appointed  and  to  meet  at 
the  time  and  place  proposed  for  the  Conferences.  But  having  received  no  Informa- 
tion on  this  Subject;  both  Houses  now  apprehend  the  General  Assembly  of  Con- 
necticut have  for  the  present  dropt  their  design  of  a  Conference. 

We  beg  leave  to  assure  your  Excellen<;y;  tliat  We  shall  with  Pleasure  embrace 
every  Opportunity  to  give  proofs  of  Our  Esteem  for  that  Colony,  and  to  create  and 
preserve  a  correspondence  of  measures  with  all  the  Provinces  and  Colonies  &  par- 
ticularly with  that  of  Connecticutt,  in  whose  wisdom  &  Vigour  we  have  great  Confi- 
dence, and  whose  preservation  and  Welfare  we  consider  as  intimately  connected 
with  our  own. 

The  State  of  Public  Affairs  is  altered  since  the  Meeting  of  the  Commissioners 
in  Boston,  and  how  greatly  it  may  bo  changed  in  the  Progress  and  Conclusion  of 
this  most  important  Campaign,  God  only  knows. 

In  all  Events  these  Colonies  ought  to  be  strictly  united  in  their  Measures,  and 
their  Cooperations  with  the  Commander  in  Cheif  of  his  Majesty's  Forces  in  Amer- 
ica, And  whenever  Conferences  shall  be  necessary  for  these  Ends,  both  Houses  on 
their  part  will  readily  nominate  Commissioners  for  that  purpose. 

Submitted  in  the  Name  of  the  Comittee  James  Bowdoin 

In  Council  Read  and  Accepted  and  Ordered  That  Sir  William  Pepperrell  with 
Sucli  as  the  honourable  House  shall  appoint  be  a  Committee  to  wait  on  his  Excel- 
lency the  Governor  with  the  foregoing  Message. 

In  the  House  of  Representatives  Read  and  Concurred  and  Col"  Williams  &  Colo 
White  are  joined  in  the  Affair." — Ibid.,]).  :35."5. 

"April  29,  1758.  The  Committee  appointed  on  his  Excellency's  Messages  of  the 
22<i  &  28">  Instant  made  the  following  Rtjport  viz' 

That  suitable  Vessells  be  provided  to  transport  the  Troops  going  in  the  Exjjedition 
against  Canada  from  the  Counties  of  York,  Barnstable  and  Dukes  County.  And  that 
suitable  Carriages  be  provided  to  carry  the  Baggage  of  those  Troops  going  by  Land. 

By  Order  of  the  Committee  J.  Osborne. 

In  the  House  of  Representatives.  Read  and  Ordered  That  this  Report  be  accept- 
ed.    In  Council.    Read  ami  ConcAirred. 

Consented  to  by  tin;  <  iovernor." — Ibid.,  p.  354. 

"  October  12,  17.j8.  In  the  House  of  Rejiresentatives  Voted  That  his  Excellency 
the  Governor  be  desired  to  acquaint  the  General  and  the  several  Colonels  of  the 
Troops  raised  by  the  Government  of  this  Province  that  notwithstanding  the  time 
for  which  the  Troops  of  this  Province  are  engaged,  dos  expire  on  the  tirst  day  of 
November  next.  Yet  if  their  Service  beyond  that  time  will  promote  the  general  In- 
vasion of  Canada  by  an  Attemj)!  on  Crown  Point  or  Ticonderoga  this  Campaign, 
their  Pay  shall  be  continued  until  the  15"»  day  of  November  next.  And  that  the 
several  Colonels  bo  directed  to  inform  the  Officers  &  Privates  accordingly.  In 
Council.    Reatl  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  427. 

"  In  the  first  place  I  have  the  Pleasure  to  tell  You,  that  it  appears  by  the  Accounts 
of  the  Numbers  victualled  by  the  Contractor's  Agent  that  I  sent  into  the  Ser%ice 
6925  Men  of  the  7000.  Which  I  beleive  Y<iU  will  think  was  coming  well  up  to  your 
Intentions  and  Expectations.  And  here  I  must  not  omit  to  acknowledge  the 
trouble  which  the  Adjutant  General  took,  and  the  Service  that  he  did."~Kxlract 
from  Gov.  Poionall'.$  .tprech  to  both  ILmnex,  .Tan.  1,  1759:  Ibid.,  p.  4.J9. 

"May  4,  1758.  His  Excellency  acquainted  the  Board  that  he  ha<l  received  In- 
formation that  One  Gamaliel  Smethurst  a  Soldier  impressed  (for  the  present  Expe- 
dition against  Canada)  by  Capt.  John  Bartoll  in  Colo  Jacob  Fowle'a  Regiment  had 


142  Peovtnce  Laws.  — 1757-58.  [Notes.] 

refused  to  Attend  the  service  and  had  raised  a  Seditious  discontented  Spirit  among 
the  People  of  that  Regiment  —  and  desired  the  Opinion  of  the  Board  tliereon — 

The  Board  having  fully  considered  the  Affair  were  of  Opinion  that  his  Excellency 
give  his  Orders  to  Col^  Jacob  Fo^Yle  to  receive  of  Capt.  John  BartoU  the  said  Gama- 
liel Smethurst,  and  if  he  be  an  Able  bodied  Effective  Man  that  he  deliver  him  to 
Samuel  Glover  Esq""  Captain  of  a  Company  in  Col"  Joseph  Williams's  Regiment, 
And  that  his  Excellency  likewise  give  his  Orders  to  Capt  Samuel  Glover  to  receive 
the  said  Gamaliel  Smethurst,  and  if  he  shall  refuse  to  Attend  his  Duty  in  said  Com- 
pany that  he  then  send  him  to  Castle  William  there  to  be  confined  till  he  can  be 
sent  to  the  general  Rendezvous." — Executive  Records  of  the  Council,  vol.  3,  p.  397. 

"  May  12,  1758.  His  Excellency  laid  before  the.  Board,  the  Deposition  of  Henry 
Clarke,  John  Gott  and  Daniel  Williams  respecting  the  departure  of  the  Schooner 
Robin  Hood,  James  Robinson  Master  from  this  Province  to  the  Province  of  New 
Hampshire,  in  order  to  prevent  getting  their  Quota  of  Men  for  the  intended  Expe- 
dition. 

Advised  that  his  Excellency  write  to  the  Governour  of  New  Hampshire  desiring 
him  to  Secure  said  Men,  and  to  send  them  into  the  Province." — Ibid.,  p.  400. 

"  May  19,  1758.  His  Excellency  having  laid  before  the  Board  General  Abercrom- 
bie's  Letter  of  the  13tii  of  May,  recommending  the  Impressing  of  Arms  for  the  Troops 
of  the  Province  under  his  Command. 

The  Council  were  of  Opinion  that  the  procuring  Arms  by  Impress  would  occasion 
so  great  a  delay  of  the  March  of  the  Troops  as  would  be  exceedingly  prejudicial 
to  his  Majesty's  Service — 

And  Advise  his  Excellency  to  give  Orders  to  the  several  Colonels  to  Use  their 
Endeavours  to  prevail  on  as  many  Men  as  they  can  to  take  their  own  Arms  with 
them,  and  Assure  them  that  any  inevitable  loss  or  damage  shall  be  made  good,  and 
that  his  Excellency  will  Use  his  Interest  to  obtain  a  proper  Consideration  for  the 
Use  or  Loan  of  them." — Ibid.,  p.  402. 

"  May  2G,  1758.  The  Draft  of  a  Proclamation  respecting  Deserters  from  the  Army 
under  the  Command  of  his  Excellency  Major  General  Abercrombie,  was  laid  before 
the  Board  by  the  Secretary,  by  order  of  his  Excellency  the  Governour — 

Advised  that  his  Excellency  issue  the  said  Proclamation  accordingly." — Ibid.,  p. 
404. 

Chap.  35.  "Gentlemen  of  the  House  of  Representatives.  I  have  directed  the 
Treasurer  to  lay  before  You  the  State  of  the  Treasury,  and  I  must  recommend  it  to 
You  to  supply  the  same  according  to  the  Necessities  and  several  Exigencies  of  this 
Government.  And  in  a  more  particular  Manner  I  do  hope  that  You  will  make 
Provision  for  a  suitable  body  of  Forces  to  cooperate  in  Aid  and  Assistance  of  his 
Majesty's  Regular  Troops  to  the  Eastward. 

That  You  will  appropriate  a  Sum  sufficient  for  the  defence  of  the  immediate 
Frontiers  of  this  Province. 

"That  You  will  make  also  a  sufficient  Establishment  and  Provision  for  the  Ship  of 
War  King  George,  which  I  propose  to  fit  out  for  cruizing  without  delay  for  the 
Protection  of  the  Trade  and  Fishery  of  this  Province." — From  the  speech  of  Gov. 
Pownall  to  the  Afsembly,  March  2,  1758:  Council  Records,  vol.  XXII.,  p.  244. 

"March  20,  1758.  In  Council  Ordered  That  Thomas  Hutchinson  and  James 
Bowdoin  Esq"  with  such  as  the  honourable  House  shall  join  be  a  Committee  to  pro- 
ject the  Scheme  of  a  Lottery  for  the  Benefit  of  the  Government  upon  the  present 
emergency  of  Affairs. 

In  the  House  of  Representatives.  Read  and  Concurred  &  Col"  Worthington,  M' 
Flucker,  and  M^  Foster  are  joined  in  the  A&.a,\v."—Ihid.,  p.  280. 

"  June  15,  1758.  In  the  House  of  Representatives.  Ordered  That  M^  Hall  be  one 
of  the  Managers  for  carrying  on  one  or  more  Lotteries  for  supplying  the  Treasury 
with  a  Sum  of  money  in  the  room  of  M""  Tyng,  who  desires  to  be  excused  from  that 
Service.    In  Council.    Read  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  403. 

"  October  10,  1759.  In  the  House  of  Representatives  Whereas  An  Act  passed 
in  the  31  Year  of  his  present  Majesty's  Reign  intituled  An  Act  for  supplying  the 
Treasury  with  a  Sum  of  Money  by  Lottery  proved  abortive.  Voted  That  the  mana- 
gers appointed  for  said  Lottery  do  forthwith  return  an  account  to  the  Province 
Treasurer  certifying  the  number  of  Tickets  by  them  sold  and  pay  into  the  Treas- 
ury any  Sum  or  Sums  of  money  which  they  may  have  received  for  said  Tickets, 
and  that  the  Treasurer  be  directed  to  pay  the  same  unto  the  Possessors  as  they  may 
appear  to  demand  it.  And  that  the  Treasurer  when  he  shall  have  received  said 
money  shall  advertise  the  same  in  one  or  more  of  the  Boston  weekly  News  Papers 
three  weeks  successively. 

In  Council.  Read  and  Concurred  Consented  to  by  the  Governor."— Cowncii 
Records,  vol.  XXIII.,  p.  77. 

Chap.  36.  "  June  8,  1758.  To  Thomas  Clap  Esqf  the  sum  of  Sixty-five  Pounds 
six  shillings  and  eight  pence  to  reimburse  him  for  what  he  advanced  for  hiring 
five  Men  (in  lieu  of  Quakers  in  his  Regiment)  for  a  General  Invasion  of  Canada 
under  the  Command  of  General  Abercromby. 

****** 

To  James  Otis  Esq""  the  sum  of  Two  hundred  Pounds  to  reimburse  him  for  Money 
he  advanced  in  procuring  Men  for  an  Invasion  of  Canada  under  the  Command  of  Gen- 
eral Abercromby  in  lieu  of  Quakers." — Executive  Recordii  of  the  Council,  vol.  3,  p.  408. 
"  June  14,  1758.  To  Ezra  Richmond  Esq^  the  sum  of  Twenty-six  Pounds  thirteeia 
shillings  and  four  peiice,  to  Reimburse  him  for  Money  advanced  for  hiring  two  Men 
(in  lieu  of  Quakers)  for  an  Invasion  of  Canada  under  the  Command  of  his  Excel- 
lency Major  General  Abercromby."  —  Ibid.,  p.  411. 


ACTS, 
Passed     1758-59. 


[143] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirty-first  day  of  May,  A.  D.  1758. 


CHAPTEK    1. 

AN  ACT  FOR  APPORTIONING  AND  ASSESSING  THE  SUM  OF  EIGHTY- 
TWO  THOUSAND  AND  THIRTEEN  POUNDS  SIX  SHILLINGS  AND  EIGHT- 
PENCE;  AND  ALSO  FOR  APPORTIONING  AND  ASSESSING  A  FURTHER 
TAX  OF  ONE  HUNDRED  AND  SEVENTY-SEVEN  POUNDS,  FOR  FINES 
LAID  UPON  TOWNS  THAT  HAVE  SENT  NO  PERSONS  TO  REPRESENT 
THEM  AT  THE  GENERAL  COURT  THIS  YEAR. 

Whereas  the  great  and  general  court  or  asserabl}'  of  this  province  Preamble, 
did,  at  their  session  in  Ma}-,  one  thousand  seven  hundred  and  fifty-six,  1756-57,  chap.  3, 
grant  a  tax  of  thirty-four  thousand   pounds;  and  at  tlieir  session  in  ^^' 
Februar}',  one  thousand  seven   hundred  and  fift3'-seven,  did  grant  a  1756-57, chap. 22, 
further  tax  of  thirty-nine  thousand  pounds,  and  bj'  said  acts  provision  ^^' 
was  made,  that  the  general  court,  at  this  present  session,  miglit  appor- 
tion the  same  on  the  several  towns,  districts,  parishes  and  places  within 
the  province,  if  they  thought  fit ;  and  ivhereas  the  general  court,  at 
this  session,  liave  granted  a  further  tax  of  eight  thousand  pounds,  and 
a  tax  of  nine  hundred  and  ninety-three  pounds  six  shillings  and  eight- 
pence  upon  the  town  of  Sherburn   upon  Nantucket,  for  carrying  on  the 
present  war,  making  in  the  whole  eight3--two  thousand  and  thirteen 
pounds  six  shillings  and  eightpence  ;  wherefore,  for  the  ordering,  direct- 
ing and  effectual  drawing  in  the  sura  of  eighty-two  thousand  and  thir- 
teen pounds  six  shillings  and  eightpence,  we,  his  majesty's  most  loyal 
and  dutiful  subjects,  the  representatives  in  general  court  assembled, 
pray  that  it  ma}'  be  enacted, — 

And  be  it  accordingly  enacted  by  the  Governor^  Council  and  House  of 
Representatives^ 

[Sect.  1.]  That  each  town,  district,  parish  or  place  within  this 
province  be  assessed  and  pay,  as  such  town,  district,  parish  and  place's 
proportion  of  the  sum  of  eighty-one  thousand  three  hundred  and  eighty- 
six  i)ounds  thirteen  shillings  and  fourpence,  and  for  the  fines  aforesaid, 
the  several  sums  following ;  that  is  to  say, — 

[145J 


146 


Province  Laws. — 1758-59.  [Chap.  1.] 


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148 


Province  Laws. — 1758-59. 


[Chap.  1.] 


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[1st  Sess.]  Province  Laws.— 1758-59. 


149 


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154:  Province  Laws. — 1758-59.  [Chap.  1.] 

And  be  it  further  enacted. 
Rules  for  assess-       [Sect.  2.]     That  the  treasurer  do  forthwith  send  out  his  warrants, 
ment.  directed  to  the  selectmen  or  assessors  of  each  town,  district  or  parish, 

or  other  place  within  this  province  that  are  taxed,  requiring  them,  re- 
spective!}', to  assess  the  sura  herein'  set  upon  such  town,  district,  parish 
or  other  place,  in  manner  following  ;  that  is  to  sa}',  to  assess  all  rateable 
polls  above  the  age  of  sixteen  years,  within  their  respective  towns,  dis- 
tricts, parishes  or  other  places,  or  next  adjoining  to  them,  belonging  to 
no  other  town  or  place,  thirteen  shillings  and  sixpence  per  poll  (except- 
ing the  governor,  lieutenant-governor,  and  their  families,  the  president, 
fellows,  professors,  Hebrew  instructor  and  students  of  Harvard  Col- 
lege, settled  ministers  and  grammar-school  masters,  who  are  hereby  ex- 
empted as  well  from  being  taxed  for  their  polls,  as  their  estates  being 
in  their  own  hands  and  under  their  actual  management  and  improve- 
ment ;  as  also  all  the  estate  pertaining  to  Harvard  College)  ;  and  other 
persons,  if  such  there  be,  who,  through  age,  infirmity  or  extreme  pov- 
erty, in  the  judgment  of  the  assessors,  are  not  able  to  paj^  towards 
publick  charges,  they  may  exempt  their  polls,  or  abate  part  of  what 
they  are  set  at,  as  in  their  prudence  they  shall  think  tit  and  judge 
meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  respec- 
tive counties  assembled,  in  granting  a  county  tax  or  assessment,  are 
hereby  ordered  and  directed  to  apportion  the  same  on  the  several  towns, 
districts,  parishes  and  other  places  in  such  county  in  proportion  to  their 
province  rate ;  and  the  assessors  of  each  town  in  the  province  are  also 
directed,  in  making  an  assessment,  to  govern  themselves  b}'  the  same 
rule ;  and  tlie  incomes  of  all  estates,  both  real  and  personal,  lying 
within  the  limits  of  such  town,  district,  parish  or  other  place,  or  next 
unto  the  same,  not  paying  elsewhere,  in  whose  hands,  tenure,  occupa- 
tion or  possession  the  same  is  or  shall  be  found,  and  also  the  incomes 
or  profits  which  an}^  person  or  persons,  except  as  before  excepted,  do 
or  shall  receive  from  any  trade,  faculty,  business  or  employment  what- 
soever, and  all  profits  which  shall  or  ma}'  arise  by  money  or  commissions 
of  profit  in  their  improvement,  according  to  their  understanding  or 
cunning,  at  one  shilling  per  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,  district,  parish  or  other  place  to  pay  ;  and  in  making  their  assess- 
ment, to  estimate  houses  and  lands  at  six  years*  yearly  rent  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  propor- 
tionably  as  other  personal  estate,  according  to  their  sound  judgment 
and  discretion  ;  as  also  to  estimate  every  ox  of  four  years  old  and  up- 
wards, 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;  gnats  and  sheep  of  one  year  old,  at  tliree  shillings  each: 
likewise  requiring  the  said  assessors  to  make  a  fair  list  of  said  assess- 
ment, setting  fjrth,  in  distinct  columns,  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,  constable  or  constables  of  any  such  town,  district,  parish 
or  other  place,  and  to  return  a  certificate  of  the  name  or  names  of  such 
collector,  constable  or  constables,  with  the  sum  total  to  each  of  them 


[1st  Sess.]  Province  Laws. — 1758-59.  155 

committed,  unto  himself,  some  time  before  the  last  day  of  October 
Dext. 

[Sect.  4.]  And  the  treasurer,  for  the  time  being,  upon  receipt  of 
such  certificate,  is  hereby  impowercd  and  ordered  to  issue  forth  his 
warrants  to  the  collector,  or  constable  or  constables  of  such  town,  dis- 
trict, parish  or  place,  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  issoe  their  accompts  of  the  whole,  at  or 
before  ihe  thirty-first  day  of  March  next,  which  will  be  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  fifty-nine. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  assessors  of  each  town,  district,  parish  or  inhabitants  to 
place,  respectively,  in  convenient  time  before  their  making  the  assess-  iis{"of"thei'/"* 
ment,  shall  give  seasonable  warning  to  the  inhabitants,  in  a  town  meet-  poUs,  &c. 
ing,  or  b}-  posting  up  notifications  in  some  place  or  places  in  such  town, 
district,  parish  or  place,  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,  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  impowercd  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, 
agreeable  to  the  rules  herein  given,  under  the  penalty  of  twenty  shil- 
lings for  each  person  that  shall  be  convicted  by  legal  proof,  in  the  judg- 
ment of  said  assessors,  in  bringing  in  a  false  list ;  the  said  fines  to  be 
for  the  use  of  the  poor  of  such  town,  district,  parish  or  place  where  the 
delinquent  lives,  to  be  levied  by  warrant  from  the  assessors,  directed  to 
the  collectors  or  constables,  in  manner  as  is  directed  for  gathering  the 
town  assessments,  to  be  paid  in  to  the  town,  district  or  parish  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  the  case  of  being  over-rated.  And  if  any 
person  or  persons  shall  not  bring  in  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  or  them. 

[Sect.  6.]  And  if  the  person  be  not  convicted  of  any  falseness  in 
the  list,  b}"  him  presented,  of  the  ix)lls,  rateable  estates,  or  income  by 
trade  or  facult}-,  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. 

Ayid  forafimxtch  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  is  finished  and  delivered 
to  the  constalile  or  collectors,  and  before  the  next  year'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  hero,  they  reaped 
considerable  gain  by  trade,  and  had  the  protection  of  the  government, — 

Be  it  further  enacted, 

[Sect.  7.]     That  when  any  person  or  persons  shall  come  and  reside  Transient  trad. 
in  any  town  within  this  province, and  bring  any  merchandize,  and  trade,  «"'<>  be  rated. 
to  deal  therewith,  the  assessors  of  such  town  are  hereby  impowered  to 
rate  and  assess  all  such  persons  according  to  their  circumstances,  pur- 


156 


Province  Laws. — 1758-59. 


[Chap.  2.] 


Merchants,  &c., 
to  be  rated  for 
carrying  on 
trade  In  any 
other  town  be- 
ev]e  -where  they 
dwell. 


Selectmen  to 
transmit  a  list  of 
such  persons  be- 
fore they  are 
rated. 


suant  to  the  rules  and  directions  of  this  act  provided,  though  the  former 
rate  may  have  been  finished,  and  a  new  one  not  perfected,  as  aforesaid. 

And  be  it  further  enacted, 

[Sect.  8.]  That  when  any  merchant,  trader  or  factor,  shall  set  up 
a  store  and  traffick  or  carry  on  any  trade  or  business  in  any  town 
within  this  province,  not  being  an  inhabitant  of  such  town,  the  assess- 
ors of  such  town  where  such  trade  and  business  shall  be  carried  on  as 
aforesaid  be  and  are  hereby  impowered  to  rate  and  assess  all  such  mer- 
chants, traders  and  factors,  their  goods  and  merchandizes,  for  carrj'^ng 
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,  shall  transmit  a  list  of  such 
persons  as  the}^  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  herebj^  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.  [^Passed 
June  15. 


CHAPTER   2. 

AN  ACT  IN  ADDITION  TO  AN  ACT  INTITLED  "AN  ACT  TO  PREVENT 
THE  DESERTION  OF  SOLDIERS  DURING  THE  PRESENT  WAR  WITH 
FRANCE,  AND  THE  LOSS  OF  ARMS,"  &c. 

Preamble.  WiiEREAS  in  and  by  an  act  made  and  passed  in  the  thirtieth  year  of 

1758.57,  chap.  36,  his  prcscut  majcsty's  reign,  intitled  "An  Act  to  prevent  the  desertion 
5^-  of  soldiers  during  the  present  war  with  France,  and  the  loss  of  arms, 

■whether  lent  by  his  majesty  or  belonging  to  this  province,"  it  is  among 
other  things  provided  that  it  shall  and  may  be  lawful  for  any  person  to 
apprehend  any  one  who  may  be  suspected  to  be  a  deserter,  if  inlisted 
or  impressed  in  this  or  either  of  the  neighbouring  governments,  and 
bring  [them]  [/am]  before  any  justice  of  the  peace  living  in  or  near 
the  place  where  he  shall  be  apprehended :  and  whereas  it  hath  been 
doubted  whether  any  person  may  lawfully  enter  by  force  into  any  house 
or  vessel  [I]  to  search  for  a  deserter  suspected  to  be  harboured  or  con- 
cealed there, — 

Be  it  therefore  enacted  by   the    Governour^    Council   and   House   of 
Representatives, 
eherifft.&c.,  [Sect.  1.]     That  it  is  and  shall  be  lawful  for  any  sherif[/J  or  his 

bi'^omry'in""''"  fl^P"ty  or  a  coustablc  within  their  respective  precincts,  and  for  such 
■  "  "  officers  only,  with  their  assistants,  by  virtue  of  a  warrant  from  a  justice 
of  the  peace  of  the  county  where  any  deserter  is  or  shall  be  vehementl}'' 
suspected  to  be  concealed  or  harboured,  to  break  open  and  forc[ea][i]- 
bly  enter  any  dwelling-house  or  outhouse  (whether  belonging  to  the 
deserter  or  to  any  other  person)  and  into  any  ship  or  vessel  in  order  to 
make  search  for  such  deserter,  and  apprehend  him  when  found,  and 
bring  him  before  a  justice  as  aforesaid  :  provided,  ahoays,  that  such 
officer  shall  not  enter  by  force  into  any  house  or  vessel  without  first 
giving  notice  that  a  deserter  is  suspected  to  be  concealed  or  harboured 
there?  and  that  he  hath  a  warrant  from  a  justice  to  search  for  and  appre- 
hend him  ;  nor  unless,  after  a  demand  made  by  the  officer,  the  supposed 
deserter  shall  refuse  or  neglect  to  surrender  himself,  nor  unless  the 
officer's  entrance,  when  by  him  demanded,  shall  be  denied  or  any  ways 
obstructed. 


search  of  de- 
serters. 


Proviso. 


[1st  Sess.]  Province  Laws. — 1758-59.  157 

And  be  it  further  enacted, 

[Sect.  2.]     That  if  any  justice  of  the  peace,  upon  application  made  Penalty  for  any 
to  him  by  a  commission  ollicer  for  a  warrant  to  search  for  and  appre-  l^f'jf?,!"'^''^".'''"^* 

J  I  1  on  ni)i)hcution, 

heud  any  deserter,  shall  refuse  or  neglect  to  grant  such  warrant,  and  to  gram  a  war- 
shall  be  thereof  du[e]l3'  convicted,  he  shall  for  ever}'  such  offence  be  '"''"'•• ''^*^- 
adjudg[e]'d  to  pay  as  a  flne  to  his  majesty  a  sum  not  exceeding  fifty 
pounds  nor  less  than  ten  pounds,  at  the  discretion  of  the  justices  of  the 
court  wherein  such  conviction  shall  be  had  :  prooided,  alica>/s,  that  no  rroviao. 
warrant  be  granted  by  any  justice  of  tlie  peace  to  search  for  a  deserter 
in  an}'  house  or  vessel  before  oath  shall  be  made  before  him  b}'  the  com- 
mission oflicer  applying  for  such  warrant  that  he  vehemently  suspects 
that  such  deserter  is  concealed  or  harboured  in  such  house  or  vessel. 

And  be  it  farther  enacted, 

[Sect.  3.]     That  when  and  so  often  as  any  person  shall  b}'  order  of  Deamers  to  bo 
a  justice  be  committed  to  goal  as  a  deserter,  the  keeper  of  the  same  cha^elfd  bya*"*" 
goal  shall  detain  him  in  custody  until,  upon  application  made  b}'  a  com-  justice, 
mission  otBcer  appointed  to  rec[ie][ei]ve  him,  he  shall  by  order  of  a 
justice  of  the  peace  be  delivered  over  to  such  ollicer  to  be  sent  to  the 
company  or  regiment  to  which  he  belongs,  to  attend  his  duty  in  his 
majesty's  service.     \_Passed  June  8  ;  *  published  June  12. 


CHAPTER  3. 

AN  ACT  FOR  PREVENTING  ANY  DEFICIENCY  IN  THE  NUMBER  OF  SOL- 
DIERS TO  BE  RAISED  WITHIN  THIS  PROVINCE  FOR  THE  INTENDED 
EXPEDITION  AGAINST  CANADA. 

It  appearing  to  this  court  that  notwithstanding  the  many  orders  that  preamble. 
have  been  issued  by  his  excellency  the  captain-general,  and  the  several 
laws  enforcing  the  same,  for  raising  and  complealing  the  numlier  of 
soldiers  agreed  to  be  levied  within  this  province  for  the  present  expedi- 
tion against  Canada,  that  as  3'et  the  number  raised  in  some  of  the  regi- 
ments falls  short  of  the  quota  or  proportion  assigned  them ;  and  that 
divers  persons  duly  inlisted  or  impressed  have  absconded,  and  others 
refuse  to  go  fortli  into  the  service  ;  and  tliis  government,  willing  to  do 
all  that  in  them  lies  lo  prevent  any  such  deficienc}',  more  especially'  on 
this  so  important  occasion,  do  enact, — 

And  be  it  accordingly  enacted  by  the  Govemour,  Council  and  House 
of  RcjJresentatives, 

[Sect.  1.]  That  the  colonels  or  chief  officers  of  the  several  regi-  coioneis  or  chief 
ments  within  this  province,  that  of  Nantucket  only  excepted,  shall  ofljuL.^ to retura 
forthwith  make  return  to  the  captain-general,  upon  receiving  his  orders 
therefor,  of  the  names  of  all  such  as  have  bond  fide  been  inlisted  or 
impressed  for  the  present  expedition  against  Canada,  in  pursuance  of 
the  captain-general's  warrant  issued  for  that  purpose  ;  as  also  the  names 
of  such  impressed  and  inlisted  persons  as  have  not  gone  forth  into  the 
service,  and  of  all  those,  so  far  as  hath  come  to  their  knowledge,  who 
since  their  departure  have  deserted  and  returned. 

[Sect.  2.]     And  the  captains  or  chief  officers  of  the  several  com-  CaptJiins,  &c.,to 
panics  shall,  without  delay,  make  diligent  enfjuiry  in  order  to  discover  JjlJlry  JoV »ou " 
what  inlisted  or  impressed  soldiers  belonging  to  their  respective  com- fli<rA  not  come 
panics  are  not  gone  into  the  service,  and  such  as,  having  gone  forth,  a'nd  to'makcr'el 
have  deserted  and  returned,  and  shall  lodge  a  list  of  their  names  with  *""»• 

•  June  15,  according  to  the  record. 


158 


Province  Laws. — 1758-59. 


[Chap.  3.J 


Penalty  for  not 
making  return. 


Captains,  &c.,to 
apply  for  war- 
rants for  appre- 
liending  delin. 
quent  or  desert- 
ing soldiers. 


Warrants  to  be 

granted  without 

fee. 

SlierifTs  power 

of  conveying. 


Chief  officers, 
&c.,  may  appre- 
hend enlisted  or 
inipresecd  sol- 
diers without 
warrant,  &c. 


Penalty  for  not 
aiding  officers. 


Penalty  for  a 
rescue. 


Delinquent  sol- 
diers to  be  con- 
veyed to  the 
regiment,  &c. 


Preamble. 


the  colonel  of  the  regiment  whereto  they  belong,  by  him  to  be  trans- 
mitted to  the  captain-general  as  aforesaid. 

And  be  it  further  enacted, 

[Sect.  3.]  That  if  any  such  field-officer  or  other  officer  aforesaid 
shall  refuse  or  neglect  to  make  due  return  as  aforesaid,  or  shall  wit- 
tingly make  a  false  return,  such  officer,  upon  due  conviction  of  such 
offence,  shall  be  thereafter  rendered  uncapable  of  sustaining  any  office, 
civil  or  military,  within  this  government. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  captains  or  chief  officers  of  the  several  cr 
panics  shall,  as  soon  as  may  be,  make  application  to  some  justice  of  tut. 
peace  in  the  county  where  such  company  is,  for  a  warrant  or  warrants 
for  apprehending  such  delinquent  or  deserting  soldiers  and  securing 
them  in  the  goal  of  such  county,  or  otherwise,  for  conveying  them  to 
such  place  as  the  captain-general  shall  appoint,  from  whence  they  may 
be  afterwards  &ent  or  transported  to  the  company  or  regiment,  gone 
forth  in  his  majesty's  service,  to  which  they  respectively  belong,  there 
to  do  duty  ;  which  warrant  shall  be  granted  without  fee  cr  reward. 
And  the  sheriff  or  other  executive  civil  officer,  having  such  warrant,  is 
hereby  authorized  to  convey  any  soldier  or  soldiers  by  him  apprehended, 
tlirough  any  county  or  counties,  to  the  place  that  shall  be  assigned  as 
aforesaid  to  receive  and  secure  them. 

And  be  it  further  enacted, 

[Sect.  5.]  That  it  shall  and  may  be  lawful  for  the  chief  officer  of 
every  regiment  or  company,  as  occasion  may  require,  not  only  to  appre- 
lienti,  as  by  law  they  may,  any  inlisted  or  impressed  soldier  who  refuses 
or  neglects  to  attend  duty  in  tlie  expedition  aforesaid,  but,  without 
warrant  from  a  justice  of  the  peace,  to  secure  such  soldier,  or  toconvc}'' 
him  to  the  place  to  which  he  shall  be  ordered  by  the  captain-general, 
thei'e  to  be  detained  until  he  can  be  sent  into  the  public  service  in  said 
expedition,  such  officer  giving  immediate  notice  thereof  to  the  captain- 
general,  and  attending  his  orders  relative  thereunto. 

And  be  it  further  enacted, 

[Sect.  6.]  That  every  person  refusing  to  aid  and  assist  any  civil  or 
militar}^  officer,  being  thereunto  required  in  his  majesty's  name,  in 
'apprehending  and  securing  any  such  delinquent  or  in  conveying  him  to 
such  place  as  the  captain-general  shall  appoint,  from  whence  he  may 
with  most  convenience  be  transported  or  convej-ed  to  the  army,  he  and 
they  shall,  upon  conviction  of  such  offence,  forfeit  and  pay  to  his 
majesty,  for  the  use  of  this  government,  the  sum  of  five  pounds.  And 
in  case  any  person  shall  presume  to  rescue  any  such  delinquent  appre- 
hended as  aforesaid,  or  to  be  aiding  therein,  he  shall  be  corporally  pun- 
ished by  whipping,  not  exceeding  twenty  stripes,  at  the  discretion  of 
the  court  before  whom  he  shall  be  convicted,  according  to  the  aggrava- 
tion of  the  offence. 

And  be  it  further  enacted, 

[Sect.  7.]  That  all  such  delinquent  soldiers  as  shall  be  apprehended 
as  aforesaid,  and  such  others  as  may  be  impressed  or  hired  for  his 
majesty's  service  aforesaid,  shall,  as  soon  as  may  be,  be  transported  or 
conveyed  to  the  regiment  or  company,  in  the  army,  whereto  they  re- 
spectively belong,  or  to  which  they  shall  be  assigned,  in  such  manner  as 
the  captain-general  shall  judge  to  be  most  convenient. 

And  whereas  a  deficiency  in  the  quota  of  men  ordered  by  the  captain- 
general,  in  consequence  of  an  act  of  this  government,  to  be  raised  in 
divers  regiments  within  this  province,  has  happened  by  reason  that  a 
great  number  belonging  to  certain  companies  in  such  regiments  were 
gone  on  fishing  voyages  to  avoid  the  embargo  that  has  since  been  laid, 
or  were  departed  this  province  to  avoid  being  impressed  into  his  majes- 


[1st  Sess.]  Province  Laws.— 1758-59.  159 

ty's  service  in  the  present  expedition  ;  by  reason  whereof  the  propor- 
tion of  men  ordered  by  the  colonels  to  be  raised  out  of  such  companies 
as  their  proportion,  could  not  be  obtained  ;  therefore, — 

Be  it  further  enacted., 

[Sect.  8.]  That  where  such  deficiency  has  hapi)ened  in  any  com- Deficiency  of 
pany,  the  colonel  or  chief  ollicer  of  the  regiment  to  which  such  company  compieu-d  by 
belonjjs  shall,  and  he  is  herebv  required,  upon  order  therefor  received  '^V '].'''"'"'' '^'■- 

*'  cnicf  ftulccr  oi 

from  the  captain-general,  forthwith  to  cause  such  deficiency  to  be  sup-  the  regiment, 
plied,  and  the  full  quota  which  were  ordered  to  be  raise<l  in  such  regi- 
ments to  be  compleated,  by  impress,  out  of  such  deficient  company, 
if  it  may  be,  or  otherwise  out  of  the  other  companies  in  the  same  regi- 
ment, in  due  proportion  to  each  other  ;  the  charge  of  raising  said  men 
to  be  borne  by  such  deficient  compau}',  or  such  of  them  as  by  with- 
drawing themselves  have  avoided  doing  dutv,  as  shall  be  judged  most 
equitable,  and  in  such  manner  and  proportion  as  the  commission  officers 
of  such  regiment  shall  order ;  and  to  issue  liis  warrants  to  the  several 
captains  for  that  purpose  ;  and  them  shall  muster  and  have  in  readiness 
to  send  into  the  service  as  the  captain-general  shall  order:  and  every  Captains  to 

lod£{6  lists    &C 

captain  shall,  without  delay,  lodge  a  list  of  the  names  of  the  persons  ' 

so  impressed  with  his  colonel,  by  him  to  be  thereupon  immediately 
transmitted  to  the  captain-general. 

And  li'hereos  in  and  by  a  late  law  of  this  province,  intitled  "An  Act  1757.58,  chap.  38, 
in  addition  to  an  act  made  and  passed  this  present  year,  intitled  '  An  *^" 
Act  for  the  speedy  levying  of  soldiers  for  an  intended  expedition,'"  it 
is  among  other  things  enact-ed,  that  in  every  regiment  in  which  there 
are  any  of  the  people  called  Quakers,  liable  to  be  impressed,  the  colonel 
or  chief  officer  of  such  regiment  be  impowered  and  required  to  engage 
and  employ  a  sum  not  exceeding  thirteen  pounds  six  shillings  and  eight- 
pence  per  man,  in  order  to  hire  into  the  service  so  many  men  as  would 
have  been  liable  to  be  impressed  from  the  people  called  Quakers,  in  a 
due  proportion  to  the  other  part  of  the  regiment ;  the  sums  so  engaged 
to  be  paid  out  of  the  public  treasury  and  to  be  levied  in  the  next  tax- 
act  upon  the  people  called  Quakers,  in  such  manner  and  proportion  as 
shall  be  therein  ordered. 

And  ivhereas  by  reason  of  the  great  number  of  persons  of  that  per- 
swasion  in  the  regiments  under  the  command  of  Colonel  Ezra  Richmond 
and  Colonel  Thomas  Howen,  and  for  that  those  regiments  are  bordering 
upon  or  near  to  the  boundary-line  betwixt  this  and  the  government  of 
Rhode  Island,  it  has  been  found  difficult  if  not  impracticable,  to  hire  so 
many  men  as  are  wanting  to  make  up  the  full  quota  assigned  to  those 
regiments, — 

Be  it  therefore  further  enacted, 

[Sect.  9.]     That  it  shall  and  may  be  lawful  not  only  for  the  colonels  Any  person  cm. 
of  those  regiments,  but  for  any  other  person  or  persons  living  elsewhere  nurin"tVo"room 
within  this  province,  whom  the  captain-general  shall  appoint,  to  engage  a'^istL-adof 
and  employ  such  sum  as  aforesaid  for  hiring  into  said  service  so  many         '^"' 
men  in  any  other  part  of  the  province  in  tlie  room  and  stead  of  the 
people  called  Quakers,  as  shall  be  necessary  to  supply  the  remaining 
deficiency  in  the  number  of  soldiers  which  the  Quakers  in  those  regi- 
ments were  liable  to  find  as  their  proportion  ;  the  sums  so  engaged, 
together  with  all  the  costs  attending  the  procuring  said  men,  to  be  paid 
out  of  the  public  treasury  by  warrant  from  the  governour,  with  the 
advice  and  consent  of  the  council,  and  to  be  levied  in  the  next  tax-act 
upon  the  people  called  Quakers,  in  manner  and  proportion  as  shall  be 
therein  ordered. 

And  be  it  further  enacted, 

[Sect.  10.]     That  every  military  officer  who  shall  wilfully  neglect  Penalty  on  miii- 
the  duty  enjoyned  him  by  this  act  shall,  upon  due  conviction  of  such  wWiUiy  ne'^^-'"' 


160  Province  Laws.— 1758-59.  [Chap.  4.] 

lecting  their       oflfence  before  the  superiour  court  of  judicature,  court  of  assize  and 
•iuty-  general  goal  delivery,  upon   complaint  or   information  made  to  said 

court,  be  liable  not  only  to  be  cashiered,  but  to  be  mulcted  in  a  sum 
not  exceeding  one  hundred  pounds,  for  the  use  of  this  province,  at  the 
discretion  of  the  justices  of  said  court,  according  to  the  circumstances 
aggravating  or  extenuating  the  offence.  [^Passed  June  15 ;  published 
June  16. 


CHAPTER   4. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  ONE 
HUNDRED  AND  EIGHTY  THOUSAND  POUNDS,  TO  BE  THENCE  ISSUED 
FOR  DISCHARGING  THE  PUBLIC  DEBTS,  AND  DRAWING  THE  SAME 
INTO  THE  TREASURY  AGAIN. 

Preamble.  Whereas  the  provision  already  made  for  defreying  the  expences  of 

the  Crown-Point  expedition  is  found  insufficient,  and  no  provision 
made  by  the  general  court  for  discharging  the  debts  of  the  ensuing 
year,— 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representatives, 
Treasurer  em-  [Sect.  1.]  That  the  treasurer  of  the  province  be  and  he  hereby  is 
row  £i8o|ooo.°'^'  iuipowercd  and  directed  to  borrow  from  such  person  or  persons  as 
shall  be  willing  to  lend  the  same,  a  sum  not  exceeding  one  hundred  and 
eighty  thousand  pounds  in  raill'd  dollars,  at  six  shillings  each,  or  in 
other  coined  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. 

[Sect.  2.]  And  for  the  sum  of  nine  thousand  one  hundred  and 
ninety  pounds  six  shillings  and  eight  pence,  being  part  of  the  aforesaid 
sum  of  one  hundred  and  eighty  thousand  pounds,  the  treasurer  shall 
give  his  receipt  or  obligation  in  the  form  following : — 

Form  of  treas.       Province  of  the  Massachusetts  Bay,  the  day  of 

urer's  receipt.     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 
promise  and  oblige  myself  and  successors  in  the  olfice  of  treasurer  to 
repav  the  said  or  order,  the  first  day  of  June  one  thousand  seven 

hundred  and  fifty-nine,  the  aforesaid  sum  of  ,  in  coined 

silver  at  six  shillings  and  eightpence  per  ounce,  or  Spanish  mill'd  dol- 
lars, at  six  shillings  each,  with  interest  annually,  at  the  rate  of  six  per 
cent  per  annum. 
Witness  my  hand,  H.  G.,  Treasurer. 

Notes  payable         [Sect.  3,]    And  for  the  further  sum  of  one  hundred  thousand  pounds, 
in  1761  and  1762.  pa^t  of  the  Said  sum  of  one  hundred  and  eighty  thousand  pounds,  the 
treasurer  shall  give  his  notes  in  the  form  aforesaid,  payable  the  first 
day  of  June  one  thousand  seven  hundred  and  sixty-one. 

[Sect.  4.]     And  for  the  further  sum  of  seventy  thousand  eight  hun- 
dred and  nine  pounds  thirteen  shillings  and  fourpence,  being  the  re- 
mainder of  the  aforesaid  sum  of  one  hundred  and  eighty  thousand 
pounds,  the  treasurer  shall  give  his  notes  in  the  form  aforesaid,  pa3'able 
the  first  day  of  June  one  thousand  seven  hundred  and  sixty-two. 
And  no  receipt  shall  be  given  for  less  than  six  pounds. 
And  be  it  further  enacted, 
£2,000  for  pay.        [Sect.  5.]    That  the  aforesaid  sum  of  one  hundred  and  eighty  thousand 
Cr'own.'po^int'*'^  pouuds,  whcu  rcccived  into  the  treasury,  shall  be  issued  out  in  the  manner 
expedition.         and  for  the  purposes  following  ;  that  is  to  say,  two  thousand  pounds,  part 
of  the  sum  of  one  hundred  and  eighty  thousand  pounds,  shall  be  applied 


[1st  Sess.]  Province  Laws. — 1758-59.  161 

for  the  payment  of  the  services  of  the  late  Crown-Point  expeditions  still 
unpaid  ;  and  the  farther  sum  of  sixteen  thousand  pounds,  part  of  the  £i6,ooo  for  fort« 
aforesaid  sum  of  one  hundred  and  eighty  th(jusand  i)ounds,  sliall  be  '^"'1 8^"i«ou8. 
applied  for  the  service  of  the  several  forts  and  garrisons  within  this 
province,  pursuant  to  sucli  grants  and  orders  as  are  or  shall  bo  made 
b}'  this  court  for  these  purposes;  and  the  further  sum  of  eight  thou-  £8,50o  for  pur. 
sand  five  hundred  pountls,  part  of  the  aforesaid  sum  of  one  hundred  8iolw,"&c.'^'' 
and    eighty    thousand    pounds,  shall  be   ai)plie(l  for   purchasing   pro- 
visions   and  the   commissary's  disbnrscmcnts   for  the   service  of   the 
several  forts  and  garrisons  within  this  province  ;  and  the  further  sum  of  £8,ooo  for pra. 
eight  thousand  pounds,  part  of  the  aforesaid  sum  of  one  hundred  and  eight}'  grants.'*"*^ 
thousand  pounds,  shall  be  applied  for  the  pa3'ment  of  such  premiums  and 
grants  that  now  are  or  may  hereafter  be  made  by  this  court;  and  the  £5.ooo  for  pay. 
further  sum  of  five  thousand  pounds,  part  of  the  aforesaid  sum  of  one  wiierc* there Iib 
hundred  and  eighty  thousand  pounds,  shall  be  applied  for  the  discharge  '"^  tstabUsh, 
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  that  pur- 
pose ;  and  for  |)apcr,  writing  and  printing  for  this  court ;  and  the  further  £3.ooo  for  pay. 
sum  of  three  thousand  pounds,  part  of  the  aforesaid  sum  of  one  liundred  ^undi^ami 
and  eight  v  thousand  pounds,  shall  be  applied  for  the  payment  of  his  maj-  i'ou«*-'of  rep. 

I.     *''  •/     rcscntutivGB 

esty's  council  and  house  of  representatives  serving  in  the  great  and  gen- 
eral court  during  the  several  sessions  for  the  present  year  ;  and  the  further  £6,ooo  for  armed 
sum  of  six  thousand  pounds,  part  of  the  aforesaid  sum  of  one  hundred  ^'^*^'^^' 
and  eighty  thousand  pounds,  shall  be  a|)plied  to  the  payment  of  the 
charge  of  maintaining  armed  vessels  of  war  belonging  to  this  province  ; 
and  the  further  sum  of  four  thousand  pounds,  part  of  the  aforesaid  sum  £4,ooo  for  pay. 
of  one  hundred  and  eighty  thousand  pounds,  shall  be  applied  for  the  who'mfirt^h°d  u. 
payment  of  the  troops  that  marched  for  the  relief  of  Fort  William  Henry  Fort  wiuiam 
when  attacked  by  the  enemy  in  August,  one  thousand  seven  hundred     '^"'^' 
and  fifty -seven  ;  and  the  further  sum  of  five  thousand  two  hundred  and  £0.255  for  pay. 
fifty-five  pounds,  part  of  the  aforesaid  sum  of  one  hundred  and  eighty  onJts.^c.''^ 
thousand  pounds,  shall  be  applied  for  the  payment  of  the  bayonets  pro- 
vided for  the  militia  of  this  province  b}-  virtue  of  the  act  intituled  ''An  Act  nsT-ss,  chap,  is, 
in  addition  to  the  several  acts  of  this  province  for  regulating  the  militia  ; " 
and  the  fiu'ther  sum  of  one  hundred  and  twenty-one  thousand  nine  hun-  £121,945  for  tho 
dred  and  forty-five  pounds,  part  of  the  aforesaid  sum  of  one  hundred  uon?  *"^^ 
and  eight}'  thousand  pounds,  sliall  be  applied  for  the  payment  of  the 
expences  in  the  present  expedition  against  Canada  ; 

Ayid  ichereaa  there  are  sometimes  contingent  and  unforeseen  charges . 
that  demand  prompt  payment, — 

Be  it  further  enacted, 

[Sect.  6.]     That  the  sum  of  three  hundred  pounds,  being  the  remain-  £300  for  con. 
ing  part  of  the  aforesaid  sum  of  one  hundred   and  eight}-  thousand      ^"'  **  o'fP>^ 
pounds,  shall  be  applied  to  pay  such  contingent  charges,  and  for  no 
other  purpose  whatsoever. 

And  in  order  to  draw  the  money  into  the  treasury  again,  and  enable 
the  treasurer  oU'ectually  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  grantea  of 
lent  majesty  a  tax  of  one  hundred  and  eighty  thousand  pounds,  to  be 
levyed  on  polls,  and  estates  both  real  and  personal  within  this  province, 
in  manner  following  ;  that  is  to  say,  nine  thousand  one  hundred  and  £?.i9o  c«.  8</.  in 
ninety  pounds  six  shillings  and  eightpence,  part  thereof,  according  to 
such  rules  and  in  such  proportions  on  the  several  towns  and  districts 
within  the  province,  as  shall  be  agreed  upon  and  ordered  by  the  general 


162 


Province  Laws. — 1758-59. 


[Chap.  4.] 


£100,000  in  1760. 


£70,809  13s.  4d. 
in  1761. 


Rule  for  appor- 
tioning the  tax, 
in  case  no  tax 
act  shall  bu 
agreed  on. 


Fund. 


The  treasurer  to 
conform  to  the 
appropriations. 


Proviso. 


court  or  assembly  in  their  present  session,  and  to  be  paid  into  the  pub- 
lick  treasuiy  on  or  before  the  last  day  of  March  then  next  after.  And 
the  further  sum  of  one  hundred  thousand  pounds,  according  to  such 
rules  and  in  such  proportion  on  the  several  towns  and  districts  afore- 
said, as  shall  be  agreed  on  and  ordered  by  the  general  court  at  their 
session  in  May,  one  thousand  seven  hundred  and  sixty,  and  to  be  paid 
into  the  treasury  on  or  before  the  last  day  of  March  next  after.  And 
the  further  sum  of  seventy  thousand  eight  hundred  and  nine  pounds 
thirteen  shillings  and  fourpence,  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,  one 
thousand  seven  hundred  and  sixty-one,  and  to  be  paid  into  the  treasury 
on  or  before  the  last  day  of  March  next  after. 

And  be  it  further  enacted, 

[Sect.  8.]  That  if  the  general  court,  in  their  present  session,  and  in 
their  session  in  May,  one  thousand  seven  hundred  and  sixty,  and  in 
their  session  in  May,  one  thousand  seven  hundred  and  sixty-one,  and 
some  time  before  the  twentieth  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  years,  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  proceeding. 

[Sect.  9.]  And  the  province  treasurer  is  hereby  fully  impowered 
and  directed,  some  time  in  the  month  of  June  in  each  of  the  years  afore- 
said, 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  parts  and  proportions  of  the 
sums  before  directed  and  engaged  to  be  assessed,  to  be  paid  into  the 
treasury  at  the  aforementioned  times  ;  and  the  assessors,  as  also  persons 
assessed,  shall  observe,  be  governed  bj^  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  receipts 
and  obligations  by  him  given  in  pursuance  of  this  act, — 

Be  it  enacted, 

[Sect.  10.]  Tliat  the  duties  of  excise  upon  spirituous  liquors,  for  the 
year  seventeen  hundred  and  fifty-nine,  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  he  it  far th or  enacted, 

[Sect.  11.]  Tliat  the  treasurer  is  hereby  directed  and  ordered  to 
pay  the  sum  of  one  hundred  and  eighty  thousand  pounds  out  of  such 
appropriations  as  shall  be  directed  by  warrant,  and  no  other ;  and  the 
secretary,  to  whom  it  belongs  to  keep  the  muster-rolls  and  accounts 
of  charge,  shall  lay  before  the  house  of  representatives,  when  they 
direct,  such  muster-rolls  and  accounts,  after  payment  thereof:  pro- 
vided, ahoays,  that  the  remainrler  of  the  sum  which  shall  be  brought 
into  the  treasury  b}'  the  duties  of  excise  before  mentioned,  and  the 
several  taxes  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  ti-easury,  to  be  applied 
as  the  general  court  of  this  province  shall  hereafter  order,  and  to  no 
other  purpose  whatsoever. 

And  whereas  this  province  have  an  humble  trust  and  dependance  on 


[1st  Sess.]  Province  Laws.— 1758-59.  163 

his  majesty  for  a  reimbursement  of  the  charge  arising  in  consequence 
of  the  intended  expedition  against  Canada, — 

Be  it  enacted, 

[8i:cT.  12.]  That  the  treasurer  be  and  hereby  is  directed  and  im- Notes  or  socurf- 
powered  to  appl}-  so  much  of  the  mono}'  that  shall  arrive  from  Great  [re^ure?,  to 'be 
Britain  before  tlie  first  day  of  June,  Anno  Domini  one  thousand  seven  paidoutof  gucu 

1.  1111  iTi  ji  inoiicy  as  may 

hundred  and  sixt3'-t\vo,  as  shall  be  necessary  to  discharge  the  notes  to  bo  grunted  by 

be  by  him  given  pursuant  to  this  act ;  save,  only,  that  nothing  in  this  P'»'"iia™'-'ut. 

act  shall  alter  the  appropriation  of  twenty-eight  thousand  pounds  out 

of  said  money  pursuant  to  an  act  of  this  province,  iutitled  "  An  Act  1757-68, chap. 30, 

impowering  the  province  treasurer  to  borrow  twenty-eight  thousand 

pounds." 

[Sect.  13.]  And  in  case  of  the  arrival  of  the  money  as  aforesaid, 
and  the  whole  of  said  notes  being  discharged  thereby,  then  the  clauses 
in  this  act  i)rovi(ling  for  issuing  a  tax  of  one  hundred  thousand  pounds 
and  a  tax  of  seventy  thousand  eight  hundred  and  nine  pounds  thirteen 
shillings  and  fourpence  be  and  hereby  is  declared  void. 

[Sect.  14.]  And  in  case  only  part  of  said  notes  shall  be  discharged, 
then  the  treasurer  shall  not  issue  his  warrants  for  assessing  more  than 
what  shall  be  necessary  for  making  up  such  deficiency',  and  shall  issue 
his  warrants,  if  need  be,  accordingly,  for  assessing  such  deficiency  only. 
[^Passed  June  15  ;  published  June  16. 


CHAPTER    5. 

AN  ACT   FOR  GRANTING   THE   SUM   OF  THIRTEEN  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  thirteon  hundred  pounds  be  and  hereby  is  granted 
unto  his  most  excellent  majesty,  to  be  paid  out  of  the  public  treasury 
to  his  excellency  Thomas  Pownall,  Esq.,  captain-general  and  gov- 
ernour-in-chief  in  and  over  his  majest3''s  province  of  the  Massachu- 
setts Bay,  to  enable  him  to  carry  on  the  affairs  of  government. 
^Passed  June  15  ;  published  June  16. 


CHAPTER   6. 

AN  ACT  IN  ADDITION  TO  THE  SEVERAL  ACTS  FOR  THE  BETTER  REGU- 
LATING THE  INDIANS. 

Whereas  the  act  of  this  government,  intituled  "  An  Act  in  addi- 
tion to  the  several  acts  for  the  better  regulating  the  Indians,"  is  near  Preamble, 
expiring,  and  as  said  act  has  proved  very  beneficial  to  the  Indians,  and  I'^s-s-*,  chap. «. 
a  further  regulation  is  also  necessaiy, — 

Be  it  enacted  by  the  Goh'erno[^ri^)',  Council  and  House  of  Represent- 
ativf's, 

[Sect.  1.]     That  there  be  three  proper  persons  appointed  for  the  Throe  proper 
future  by  this  court,  near  to  every  Indian  plantation  in  this  province,  up[.o"intcd.-^° 
guardians  to  the  said  Indians  in  their  respective  plantations,  who  are  Ki'^irdimm  to  ti 
hereby  iinpowercd,  from  and  after  the  [23]  [ticenty-third']  day  of  June,  re«i'ccUvopiau 
A.  D.  17;J8,  to  take  into  their  hands  the  said  Indians  lands,  and  allot  to  ^'■'<'"»' 
the  several  Indians  of  the  several  plantations  sucli  parts  of  the  said 
lands  and  meadows  as  shall  be  sullicieut  for  their  particular  improve- 


the 

leir 

plau- 


164 


Province  Laws. — 1758-59. 


[Chap.  6. J 


Proviso. 


Indians  prohib- 
ited  leasing  or 
selling  lands, 
&c. 


No  action  to  be 
brought  against 
any  Indian  for 
debt,  unless. 


1700-1,  chap.  9. 


Guardians  to 
keep  a  fair  ac- 
count, &c. 


Limitation. 


ment  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  said 
respective  plantations  to  suitable  persons  for  a  term  not  exceeding  the 
continuance  of  this  act. 

[Sect.  2.]  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  themselves  ; 
and  the  surplusage  thereof,  if  any  there  be,  shall  be  distributed  amongst 
them  according  to  their  respective  rights  or  interest,  for  providing  neces- 
saries 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  hereb}'  impowcred  and  enabled,  in  their  own 
names,  and  in  their  capacities  as  guardians,  to  bring  forward  and  main- 
tain any  action  or  actions  for  any  trespass  or  trespasses  that  may  be 
committed  on  the  said  Indian  land  ;  and  that  any  liberty  or  pretended 
liberty  obtained  from  any  Indian  or  Indians  for  cutting  off  any  timber, 
wood  or  hay,  milking  pine-trees,  carrying  off  any  ore  or  grain,  or  plant- 
ing or  improving  said  lands,  shall  not  be  any  bar  to  said  guardians  in 
their  said  action  or  actions :  provided^  that  nothing  in  this  act  shall  be 
understood  to  bar  any  person  or  persons  from  letting  creatures  run 
upon  the  said  Indians'  unimproved  lands  that  lie  common  and  contigu- 
ous to  other  towns  or  proprietors. 

And  he  it  further  enacted^ 

[Sect.  3.]  That  from  and  after  the  [23]  [twenty-third']  day  of  June 
aforesaid,  no  Indian  or  Indians  shall  sell  or  lease  out  to  any  other 
Indian  or  Indians  any  of  his  or  her  lands  without  the  consent  of  the 
guardians,  or  a  major  part  of  the  guardians,  of  the  Indians  of  the  plant- 
ation wherein  such  lands  do  lye ;  and  all  sales  or  leases  of  land  for  any 
term  or  terms  of  years  that  shall,  at  any  time  hereafter  during  the  con- 
tinuance of  this  act,  be  made  by  any  Indian  or  Indians  to  any  other 
Indian  or  Indians,  shall  be  utterly  void  and  of  none  effect,  unless  the 
same  be  made  by  and  with  the  licen[s][c]e  of  the  respective  guardians 
as  aforesaid. 

And  he  it  further  enacted, 

[Sect.  4.]  That  no  action  shall  be  brought  against  any  of  the  said 
Indians  for  any  debt  hereafter  to  be  by  them  contracted  with  any  Eng- 
lish persons  for  any  sum  whatsover,  unless  the  same  be  first  examined 
and  allowed  by  the  court  of  general  sessions  of  the  peace  for  the 
county  where  such  Indian  or  Indians  live,  or  the  respective  guardians 
of  such  plantations  where  such  Indian  or  Indians  live,  except  special- 
ties approbated  according  to  the  law  of  this  province  made  in  the  fourth 
and  fifth  year  of  the  reign  of  his  majesty  King  George  the  First,  in- 
tituled "  An  Act  in  addition  to  the  act  for  preventing  abuses  to  the 
Indians,"  made  in  the  twelfth  year  of  King  William. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  several  guardians  aforesaid  shall  keep  a  fair 
account  of  their  proceedings  in  the  abovesaid  alfair,  to  be  by  them  laid 
before  the  general  court  from  year  to  year,  by  said  court  to  be  adjusted 
and  allowed  of. 

[Sect.  6.]  This  act  to  continue  and  be  in  force  for  the  space  of 
three  years  from  said  [23]  [twenty-third]  day  of  June,  and  from  thence 
to  the  end  of  the  next  session  of  the  general  court,  and  no  longer. 
[^Passed  Jane  15  ;  published  June  16. 


[2d  Sess.]  Province  Laws.— 1758-59.  165 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Fourth  day  of  October,  A.  D.  1758. 


CIIAPTEE   7. 

AN  ACT  FOR  ALTERING  THE  TIMES  APPOINTED  FOR  HOLDING  THE 
COURTS  OF  GENERAL  SESSIONS  OF  THE  PEACE  AND  INFERIOUR 
COURTS  OF  COMMON  PLEAS  AT  PLYMOUTH,  WITHIN  AND  FOR  THE 
(COUNTY  OF  PLYMOUTH. 

"Whereas  the  times  appointed  by  law  for  holding  the  courts  of  gen-  Preamble, 
eral   sessions  of  the  peace  and  inferiour  courts  of  common  pleas  at  H-H^'^u*''"!?" 
Pl^'raouth,  within  and  for  the  count}'  of  Pl^'mouth,  is  found  to  be  incon- 
venient,— 

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

[Sect,  1.]     That  the  times  for  holding  the  said  courts  of  general  Time  of  inferior 
sessions  of  the  peace  and  inferiour  courts  of  common  pleas  at  Pl3'm-  riymouUi'foV" 
outh,  for  the  county  of  Plymouth,  shall  henceforth  be  on  the  first  Tues-  p,'' ,no""{f  °^ 
Hay  of  January,  April,  July  and  October  annually  ;  and  all  officers  and  altered, 
other  persons  concerned  are  required  to  conform  themselves  accordingly. 

And  be  it  farther  enacted, 

TSect,  2.1     That  all  writs,  suits,  plaints,  processes,  appeals,  recog-  au  matters  de. 

•  -■  4.  4.1  44-41-  1     4  I-    I  pending  in  said 

nizances,  warrants,  or  other  matters  or  things  whatsoever,  which  now  courucontin. 
are,  or  at  any  time  before  the  said  first  Tuesday  of  January  shall  be  "'^'^• 
issued,  taken  or  depending  in  the  said  county  of  Plymouth,  which  were 
to  have  been  returned  or  proceeded  on  at  the  time  heretofore  appointed 
b}"  law  for  holding  the  said  courts  at  Pl3'mouth,  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  same. 
{^Passed  October  14, 


CHAPTER  8. 

AN  ACT  PROVIDING  FOR  THE  RECEPTION  AND  ACCOMMODATION  OF  HIS 
MAJESTY'S  FORCES  WITHIN  THIS  PROVINCE. 

Be  it  enacted  by  the  Governo[^u'}r,  Council  and  Ilouse  of  Represent-  1757.58, chap. 25. 
atives, 

[Sect.  1.]     That  when  and  so  often  as,  during  the  continuance  of  nocuiar  forces 
this  act,  it  shall  be  judged  necessary  for  the  defence  of  his  majesty's  "hroilcMhc 
dominions,  or  for  carrying  on   measures  against  his  enemies,  that  any  province  to  be 
of  his  majesty's  regular  forces  should  march  through  any  of  the  towns  quarter,  &c.'' 


166 


Province  Laws. — 1758-59. 


[Chap.  9.] 


Bates  of  quar- 
ters. 


Complaint  made 
against  any  tav- 
erner,  innhold. 
er,  &c. 


Penalty. 


Governor  with 
the  advice  of  the 
council  to  au- 
thorize persons 
to  provide  quar- 
ters for  his  maj. 
esty's  forces  ia 
any  town. 


Limitation. 


or  districts  within  this  province,  every  taverner  or  innholder  within  such 
town  or  district  within  this  province  shall  receive  and  entertain  within 
their  respective  houses  and  outhouses,  as  many  of  such  forces  as  can 
therein  be  received  and  accommodated  ;  and  if  such  forces  shall  not  be 
provided  with  victuals,  every  such  taverner  or  innholder  shall  furnish 
them  with  diet  and  small  beer,  payment  or  allowance  to  be  made  there- 
for as  follows ;  viz^^'^.,  for  one  commission  officer  of  foot  under  the 
degree  of  a  captain,  for  his  diet  and  small  beer,  per  diem,  one  shilling 
sterling,  and  for  each  foot  soldier ['s]  diet  and  small  beer,  sixpence 
sterling  per  diem,  and  so  in  proportion  for  part  of  a  day. 

And  be  it  further  enacted, 

[Sect.  2.]  That  upon  complaint  made  to  any  justice  of  the  peace  for 
any  of  the  counties  in  this  province,  respectively,  that  any  taverner  or 
innholder  doth  refuse  to  receive  and  entertain  any  of  his  majesty's 
forces  as  aforesaid,  such  justice  shall  forthwith  make  enquiry  into  the 
grounds  of  such  complaint,  and  shall  thereupon,  within  two  hours, 
determine  and  order  how  many  of  such  forces  shall  be  received  into  the 
house  or  outhouses  of  such  taverner  or  innholder,  and  how  many  shall 
be  furnished  with  diet  and  small  beer  ;  and  every  taverner  or  innholder 
refusing  or  neglecting  to  receive  and  entertain  such  and  so  many  of  the 
forces,  shall  for  each  offence  forfeit  and  pay  the  sum  of  ten  pounds 
sterling. 

And  be  it  further  enacted, 

[Sect.  3.]  That  when  and  so  often  as,  during  the  continuance  of 
this  act,  any  of  his  majesty's  regular  forces  shall,  for  the  defence  of  his 
dominions,  or  for  prosecuting  measures  against  his  majesty's  enemies, 
be  ordered  into  any  town  or  towns  within  this  province,  it  shall  and 
may  be  lawful  for  the  governo[?i]r,  with  the  advice  of  the  council,  to 
appoint,  authorize  or  impower  an}'^  person  or  persons  to  agree  for  and 
take  up  such  and  so  many  houses  and  buildings  in  or  near  such  town 
or  towns  as  shall  be  judged  sufficient  and  necessary,  together  with  the 
barracks  already  provided  at  Castle  William,  to  receive  and  accommo- 
date the  whole  number  of  forces  that  may  be  so  ordered  ;  or  if  need  be, 
to  impress  so  many  uninhabited  tenements  in  or  near  such  town  or 
towns  as  shall  be  necessary  as  aforesaid,  and  also  to  provide  such  bar- 
rack utensils  and  necessaries  as  shall  be  judged  reasonable,  the  charge 
thereof  to  be  advanced  and  paid  out  of  the  public [k]  treasury,  and  an 
account  thereof  to  be  transmitted  to  the  general  of  his  majestj^'s  forces 
for  a  reimbursement,  or  to  the  agent  of  the  province  in  England,  in 
order  to  his  solliciting  the  repayment  of  the  same. 

[Sect.  4.]  This  act  to  be  and  continue  in  force  from  the  thirteenth 
day  of  October  instant,  to  the  last  day  of  March,  one  thousand  seven 
hundred  and  fifty-nine,  and  no  longer.  [Passed  October  12  ;  published 
October  14. 


CHAPTER  9. 

AN  ACT  IN  FURTHER  ADDITION  TO  THE  SEVERAL  ACTS  OF  THIS  PROV- 
INCE FOR  THE  REGULATING  THE  MILITIA. 


Preamhlc. 


Whereas  by  law  the  captain  or  chief  officer  of  each  military  foot 
1757-58,  chap.  18,  company,  and  also  of  each  troop  of  horse  within  this  province  are 
'  ^*  obliged  to  instruct  and  employ  their  respective  companies  and  troops 

in  military  exercises  on  the  last  Monday  of  this  instant  October,  and 
the  Tuesday  following  the  same  Monday  ;  and  a  great  number  of  the 
soldiers  being  gone  into  the  war,  and  probably  will  not  be  returned 
before  said  days, — 


[2d  Sess.]  Province  Laws.— 1758-59.  167 

Be  it  therefore  enacted  by  the  Governo[^u']r,  Council  and  House  of  Rep- 
resentatives, 

That  no  captain  or  chief  officer  of  any  foot  company  or  troop  of  Captains  or 
horse  shall  be  held  and  obliged  to  call  tosrethcr,  instruct  or  employ  his  f w^f  otucers  of 

^  o  7  i      J  tnc  miiitia  ex- 

compan}'  or  troop  in  military  exercises  on  the  last  Monday  of  this  instant  cmpted  from 
October  or  on  the  Tuesday  following  said  Monday,  and  no  foot  soldier  "ompa'iiL^''^'' 
nor  trooper  shall  be  liable  to  any  penalty  for  not  appearing  in  arms  on 
either  of  those  days,  respectively.     [^Passed  and  published  October  14. 


IfiS 


Province  Laws. — 1758-59.  [Chap.  10.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-ninth  day  of  December,  A.  D. 
1758. 


CHAPTEK    10. 

AN  ACT  TO  ENABLE  CREDITORS  TO   REC[IE]  [£7]VE  THEIR  JUST  DEBTS 
OUT  OF  THE  EFFECTS  OF  THEIR  ABSENT  OR  ABSCONDING  DEBTORS. 


Preamble. 
1748-49,  chap.  6. 
1753-54,  chap.  28. 
14  Mass.,  160. 


Goods  and  ef- 
fectsof  abscond- 
ing debtors  to  be 
attached. 
16  Mass.,  323. 


And  subject  to 
execution. 
99  Mass.,  531. 


Agent,  &c.,  of  ixn 
absent  debtor  to 
be  summoned  to 
court  in  case  no 
effects  appear. 


Trial  thereupon 
to  be  bad. 


For  the  better  preventing  of  frauds  and  deceit,  too  often  designed 
and  practiced  by  ill-minded  debtors,  in  betrustiug  and  depositing  their 
goods  and  effects  in  the  hands  of  others  with  intent  to,  reserve  and 
secure  them  to  their  own  use  and  defeat  their  creditors  of  their  just 
dues,  absconding  or  withdrawing  themselves  out  of  this  province,  or 
not  being  within  this  province  or  to  be  come  at,  and  their  goods  and 
effects  concealed  so  as  they  cannot  be  attached  and  made  liable  to  the 
payment  of  their  creditors  by  the  ordinary  process  of  law, — 

Be  it  enacted  by  the  Governoiir^  Council  and  House  of  Representatives^ 

[Sect.  L]  That  it  shall  and  may  be  lawful  for  any  person  [i][e]n- 
titled  to  any  action  of  debt,  detinue,  account,  covenant  or  case,  in 
trover,  indebitatas  assumsit,  or  on  express  contract  against  any  person 
absconding  or  absent  out  of  this  province,  to  cause  the  goods  and  estate 
of  such  absconding  or  absent  person  to  be  attached,  in  whose  hands  or 
possession  soever  the  same  are  or  may  be  found  ;  and  the  attaching  of 
any  part  thereof  shall  secure  and  make  the  whole  that  is  in  such  per- 
son's hands  liable  in  the  law  to  respond  the  judgment  to  be  recovered 
upon  such  process,  if  so  much  there  be,  and  no  further,  and  shall  be 
subjected  to  be  taken  in  execution  for  satisfaction  thereof,  or  so  far  as 
the  value  thereof  will  extend,  and  the  person  in  whose  hands  the}'  are 
shall  expose  them  accordingl}'. 

And  be  it  furtlier  enacted, 

[Sect.  2.]  That  where  no  goods  or  effects  of  such  absent  or  abscond- 
ing person  in  the  hands  of  his  attorney,  factor,  agent  or  trustee  shall 
be  exposed  to  view  or  can  be  come  at  so  as  to  be  attached,  it  shall  and 
may  be  lawful[l]  to  and  for  any  person  [i][e]ntitled  to  any  of  the 
aforesaid  actions  to  file  a  declaration  against  such  absent  or  absconding 
person  in  the  clerk's  office  of  the  inferiour  court  of  common  pleas  in  the 
same  county  where  such  factor,  agent  or  trustee  lives,  therein  particu- 
larly setting  forth  his  debt  and  damage,  how  and  for  what  cause  it 
arises,  and  to  cause  the  attorne}',  factor,  agent  or  trustee  of  such  absent 
or  absconding  person  to  be  served  with  a  summon  [s]  out  of  the  office, 
annexed  to  the  said  declaration,  fourteen  da3's  before  the  sitting  of  the 
court,  for  his  appearance  at  such  court ;  which,  being  duly  served,  and 
return  thereof  made  under  the  officer's  hand,  shall  be  sufficient  in  the 
law  to  bring  forward  a  tr[y][i]al  without  other  or  farther  summons, 
unless  the  principal  be  an  inhabitant  or  hath  for  some  time  had  his 
residence  within  this  province,  in  which  case  a  like  summons,  with  an 


[3d  Sess.]  Province  Laws.— 1758-59.  169 

attested  copy  of  the  declaration  annexed,  shall  also  be  left  at  his  dwell- 

inij-house,  lo(1o;ing  or  place  of  his  last  and  usual  abode  fourteen  days 

before  the  sitting  of  the  court ;  and  such  attorney,  factor,  agent  or 

trustee,  upon  liis  desire,  shall  be  admitted  to  defend  the  suit  on  behalf 

of  his  principal  throughout  the  course  of  the  law,  and  an  imparlance  Two  imparian. 

shall  be  granted  of  course  at  two  terms  successively,  that  he  may  have  cp^  to  be  grant. 

[a?(]  opportunity  U)  notify  his  principal  thereof,  and  at  the  thinl  term, 

without  special  matter  aliodired  and  allowed  in  bar,  abatement  or  further 

continuance,  the  cause  shall  peremptorily  come  to  tr[y][i]al,  and  if 

judgment  he  rendered  for  the  plaintif[/J,  all  the  goods,  elfects  or  credits  Goods  in  rach 

of  such   absent  or  absconding  person  in   the  hands  of  such  attorney,  glilijccuocxe- 

factor,   agent  or  trustee,  which  were   in  his  hands  at  the  time  of  his  cuUononajudg. 

being  served  with  the  summons  and  declaration  aforesaid,  to  the  value  °"'° 

of  such  judgment,  if  so  much  there  be,  shall  be  liable  and  subjected  to 

the  execution  granted  upon  such  judgment  for  or  towards  satisfying 

the  same,  and,  from  the  time  of  serving  the  summons  as  aforesaid,  shall 

be  liable  and  secured  in  the  law  in  his  hands  to  answer  the  same,  and 

may  not  be  otherwise  disposed  of  or  converted. 

Provided^  nevertheless, — 

And  be  it  enacted, 

[Sect.  3.]  That  if  upon  summons  being  served  as  aforesaid,  the  Proviso, 
supposed  attorney,  factor,  agent  or  trustee  shall  come  into  court  at  the 
first  term  and  declare  that  he  had  not  in  his  hands  at  the  time  of  the 
service  of  such  summons,  any  goods,  effects  or  credits  whatsoever  of 
the  absent  or  absconding  person,  and  shall  submit  to  an  examination 
upon  oath  respecting  the  same  ;  and  if  upon  such  examination  it  shall 
appear  to  the  satisfaction  of  the  justices  of  the  court  that  he  had  not 
any  goods,  effects  or  credits  whatsoever  of  the  absent  or  absconding 
person  in  his  hands  at  the  time  of  his  being  summoned  as  aforesaid, 
then  in  every  such  case  the  plaintif[/J  shall  become  nonsuit,  and  shall 
pay  to  him  who  was  summoned  as  attorney,  factor,  agent  or  trustee  his 
reasonable  costs,  to  be  taxed  in  common  form  b}'  the  justices  of  the 
court. 

And  be  it  further  enacted, 

[Sect.  4.]     That  if  any  attorney',  factor,  agent  or  trustee,  being  Aprcnta not np. 
served  with  summons  and  declaration  as  aforesaid,  shall  not  appear  at  tjrst 'tcnn' sJc", 
the  first  term,  and  then  either  acknowledge  himself  to  have  had  in  his  '■•'i'''^  'o  P"y 
hands  some  goods,  effects  or  credits  of  the  absent  or  absconding  per- 
son at  the   time  of  the  service  aforesaid,  and  thereupon  pray  that  he 
ma}'  be  admitted  to  defend  the  action,  or  otherwise  submit  himself  to 
an  examination  upon  oath  as  aforesaid,  he  shall  be  liable  to  pay  to  the 
pla[/]ntil"[/]  all  such  costs  as  shall  arise  upon  his  suit,  to  be  taxed  by 
the  justices  of  the  court  before  which  the  action  shall  be  brought. 

And  be  it  further  enacted, 

[Sfxt.  .5.]     Tliat  in  case  any  attorney,  factor,  agent  or  trustee,  from  Exeention  to  ho 
and  after  the  time  of  his  being  serve<l  with  summons  and  declaration  as  prni7cr°cood'8"''' 
aforesaid  against  his  principal,  being  an  absent  or  absconding  person,  and  estate  la 
shall  transfer,  remit,  dispose  of  or  convert  any  of  the  goods,  eflects  or  *"**** 
credits  of  such  absent  or  absconding  person  in  his  hands  at  the  time  of 
such  service,  so  that  tliere  shall  not  be  sufficient  to  satisfy  the  judgment, 
the  debt  being  afterwards  ascertained  by  judgment  of  court,  or  that 
shall  not  discover,  expose  and  subject  the  goods,  effects  or  credits  of 
such  absent  or  absconding  person[s]  in  his  hands  to  l)e  taken  in  execu- 
tion for  or  towards  the  satisfaction  of  the  judgment  so  far  as  what  were 
in  his  hands  at  the  time  of  said  service  will  extend,  shall  l)c  lia])le  to 
satisfy  the  same  of  his  own  projjcr  goods  and  estate,  and  as  of  his  own 
debt ;  and  a  writ  of  scire  facias  may  be  taken  out  of  the  same  court 
and  served  upon  him  as  the  law  directs,  to  appear  and  shew  cause,  if 


170 


Province  Laws. — 1758-59.  [Chap.  11.] 


on  oath. 


Proviso. 


any  he  have,  to  the  contrary,  where,  upon  default  of  appearance  or 
Agent  to  be  put  refusal  to  disclose  upon  his  oath,  which  oath  the  justices  of  such  court 
are  impowered  to  administer,  what  goods,  eflects  or  credits  of  the 
absent  or  absconding  person  are  in  his  hands,  and  to  what  value,  then 
judgment  shall  be  entred  up  against  him  of  his  own  proper  goods  and 
estate,  and  execution  be  awarded  accordingly. 

Provided,  nevertheless, — 

And  he  it  enacted, 

[Sect.  6.]  That  if  it  shall  appear  that  the  attorney,  factor,  agent  or 
trustee  so  summoned  as  aforesaid,  and  having  in  his  hands  at  the  time 
of  such  summons  an}'  goods,  effects  or  credits  of  the  absent  or  abscond- 
ing person,  hath  not  any  ways  remitted,  disposed  of  or  any  waj^s  con- 
verted the  same  after  the  summons  being  served  on  him  as  aforesaid ; 
but  that  he  hath  discovered,  exposed  and  subjected  them  to  be  taken  in 
execution  to  satisfy  the  judgment  recovered  against  the  absent  or 
absconding  person  as  aforesaid,  then  the  party  who  commenced  the 
suit  shall  pay  such  attorney,  agent,  factor  or  trustee  his  reasonable 
costs,  to  be  taxed  in  common  form  by  the  justices  of  the  court  from 
which  the  scire  facias  issued  as  aforesaid. 

And  he  it  further  enacted, 

[Sect.  7.]  That  the  goods,  effects  or  credits  of  any  absent  or 
absconding  person  so  taken  as  aforesaid  by  process  and  judgment  of 
law  out  of  the  hands  of  his  attorney,  factor,  agent  or  trustee  by  any  of 
his  creditors,  shall  fully  acquit  and  forever  discharge  such  attorney, 
factor,  agent  or  trustee,  his  executors  or  administrators,  of,  from  and 
against  all  actions  and  suits,  damages,  payments  and  demands  whatso- 
ever, to  be  asked,  commenced,  had,  claimed  or  brought  by  his  principal, 
his  executors  or  administrators,  of  and  for  the  same ;  and  if  any  attor- 
ney, factor,  agent  or  trustee  shall  be  molested,  troubled  or  sued  by  his 
principal  for  anything  by  him  done  in  pursuance  of  this  act,  he  may 
plead  the  general  issue  and  give  this  act  in  evidence. 

Provided,  nevertheless, — 

[Sect.  8.]  That  any  absconding  or  absent  person  against  whom 
judgment  shall  be  recovered  as  aforesaid,  shall  be  [i][e]ntitled  to  a 
review  of  the  same  at  any  time  within  three  years  after  such  recovery. 
\^Passed  Fehruary  13  ;  published  February  14,  1759. 


Agent  to  be  ac- 
quitted and  dis- 
charged. 


Provleo. 


CHAPTEE    11. 

AN  ACT  TO  CONFIRM  AND  RENDER  EFFECTUAL  AN  AGREEMENT  BE- 
TWEEN SUNDRY  PERSONS  CLAIMING  PROPERTY  AND  INTEREST  IN 
THE  COMMON  AND  UNDIVIDED  LANDS  IN  A  NECK  OF  LAND  IN  FRAM- 
INGHAM,  IN  THE  COUNTY  OF  MIDDLESEX. 

Preamble.  Whereas  John  Pike,  Joseph  Bixbee,  Samuel  Lamb,  Timothy  Pike, 

Joseph  Bixbeo,  Jun"^.,  Benjamin  Barnard,  Samuel  Frost,  Richard  Mel- 
lin,  Isaac  Fisk,  \_George*'\  Walknp,  Benjamin  Whitney,  Mark  Whitney, 
Daniel  Haven,  Nathan  Carter,  Abraham  Pike,  Joseph  Buckminster, 
EsqM.,  Joseph  HaA'en,  Esq^""^.,  John  Farrar,  Moses  Pike,  Daniel  Stone, 
Thomas  Brown,  Noah  Eaton,  Peter  Jenison,  Thomas  Winch,  Jun'., 
David  Haven.  Jainc\=!  Haven,  Isaac  Haven,  Joseph  Cozens,  Silvanus 
Hemingway,  Ralph  Hemingway,  Thomas  Winch,  James  Haven,  Jun''., 
Ebenezer  Hemingwaj',  John  Winch,  Squier  Haven,  Micah  Gibbs,  Ben- 
oni  Prat,  Ebenezer  Hagar,  Ezekiel  How,  Jonathan  Edmonds,  David 


Parchment  mutilated  by  to'oc. 


[3d  Sess.]  Proyince  Laws.— 1758-59.  171 

How,  Jun'.,  Ephraim   Power,  Jeremiah   Pike,  Amos   Darling,   Amos 
Gates,  Jonathan  Barrett,  Elias  Whitney,  James  Mellin,  William  Bal- 
lard, Jonathan  ]\Ia3'nar(l,  Joseph  Eaines,  Nathaniel  Eames,  John  Bruce, 
Ebenczer  Boutwell,  Benjamin  Haven,  Jolin  Nurse,  Jonathan  Ileminj;- 
way,   John    Haven,    Benjamin    Nurse,   Joseph  Hemingwa}-,  Jeremiah 
Belknap,  Aaron  Pike,  Josiah  Stone,  Ebenezer  Sin<^letarv.  John  John- 
son, ISIartha  Goddard,  George  Ci\[niel*^,  William  Pike,  William  Pike, 
Jun'.,  Elkanah  Haven,  persons  who  claim  or  have  claimed  proi)erty 
and  interest  in  the  common  lands  on  a  neck  of  land  in  Framingham, 
have  represented  to  this  court  that,  in  consequence  of  a  division  made 
of  said  commons  in  pursuance  of  a  vote  of  the  proprietors,  many  dis- 
putes and  two  lawsuits  have  arisen  between  divers  of  them  ;  that,  for 
an  amicaltlo  tormiiiation  of  all  suit'=;  and  disputes  touching  the  premisses, 
they  have  entred  into  an  agreement,  dated  Framingham,  September  the 
eighth,  one  thousand  seven  hundred  and  fifty-eight,  an  attested  copy 
whereof  has  been  laid  before  this  court,  which  agreement  hath  been 
also  ratified  by  vote  of  the  proprietors  in  a  legal  proprietors'  meeting; 
but  inasmuch  as  some  of  the  claims  and  disputes  intended  to  be  set- 
[i]led  by  said  agreement  are  of  such  kind  as  that  it  is  doubtful[l]  whether 
the  same  can  be  legally  set[<]led  and  made  binding  according  to  the 
true  intent  of  the  parlies  b}"  all  that  hath  been  done  or  can  be  done  by 
any  deeds  of  agreement,  especiall}'  as  some  of  the  proprietors  are 
minors,  and  such  doubt  and  danger  must  greatly  interrupt  the  quiet  of 
the  concerned,  and  hinder  the  improvement  of  the  lands  aforesaid,  to 
the  great  damage  of  the  said  town  of  Framingham ;  and  have  there- 
upon prayed,  that  by  a  private  act  the  agreement  aforesaid,  mutually 
entered  into  b}-  the  persons  aforesaid,  might  be  ratified  and  established, 
so  as  to  operate  according  to  the  true  intent  thereof.     And  it  being 
evident  that  if  said  agreement  was  rendered  effectual  and  carried  into 
execution,  it  would  prevent  man\'    lawsuits  and  promote  the  general 
good  of  the  interested  in  said  common  land[.s], — 

Be  it  enacted  by  the  Governo[^u']r,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  said  agreement  be  and  hereby  is  established  and  Proprietore' 
ratified  ;  that  an  exact  survey  be  taken  of  all  the  lands  in  the  neck  fi?med!&c.**'^ 
aforesaid,  held  under  Joseph  Buckminster,  Esq"^'^.,  deceased,  at  the  charge 
of  those  who  hold  the  same,  b}'  a  surveyor  and  chainmen  mutually 
chosen  by  the  possessor  of  those  lands  and  the  proprietors  of  the  com- 
mon lands  on  the  neck  aforesaid  ;  and  in  want  thereof,  b}-  a  committee 
of  three  persons  to  be  appointed  by  the  justices  of  the  inferiour  court 
of  common  jileas  for  the  county  of  Middlesex. 

[Sect.  2.]  That  all  persons  holding  lands  on  the  neck  aforesaid, 
nnder  any  grants  made  by  the  said  Buckminster,  be  quieted  in  the  pos- 
session of  so  much  thereof,  and  no  more,  than  the  number  of  acres 
expres[sjl3'  mentioned  in  their  original  grants  ;  save  only  that  fifty  acres 
are  allowed  to  the  owners  of  the  six  hundred  acres  first  granted  by  the 
said  Buckminster  on  the  neck  aforesaid,  by  equal  average. 

[Sect.  3.]  That  if  it  shall  appear  that  the  said  Buckminster  was 
not  [i][e]ntitled  to  those  six  hundred  acres,  and  the  same  should  here- 
after in  consequence  thereof  be  recovered  and  set  out  in  any  part  of 
the  neck  aforesaid  now  lying  in  common,  tlic  then  proprietors  of  the 
common  lands  on  the  neck  aforesaid  who  shall  be  so  evicted,  may  demand 
and  recover  six  hundred  acres  of  the  land  aforesaid  granted  by  the  said 
Buckminster,  or  the  value  of  the  lands  evicted,  and  the  same  land  shall 
be  chargeable  accordingly ;  anything  herein  to  the  contrary  notwitb- 
Btanding. 

*  Parchment  mntilated  by  mice. 


172  Province  Laws.— 1758-59.  [Chap.  11.] 

[Sect.  4.]  That  if,  upon  the  survej^  aforesaid,  it  appears  that  any 
person  holds  more  lands  on  the  neck  aforesaid  under  the  said  Buck- 
minster,  his  heirs  or  assigns,  than  the  number  of  acres  expressly  men- 
tioned in  the  said  Biickminster's  original  grant,  such  person  shall  either 
set[t]  the  same  off  in  a  regular  form  in  one  [i][e]ntire  peice,  and 
resign  the  same  to  the  proprietors  aforesaid,  or  pay  them  the  value 
thereof,  exclusive  of  the  improvements  made  thereon,  upon  an  appraise- 
ment made  by  three  persons  mutually  chosen  and  appointed  by  him 
and  the  proprietors  aforesaid  ;  and  in  want  thereof,  by  a  committee  of 
three  persons  to  be  appointed  by  the  justices  of  the  inferio[w]r  court 
of  common  pleas  for  the  county  of  Middlesex. 
Josep^^Bnct.  [Sect.  5.]     That  Joseph  Buckminster  of  Framingham,  Esq"^'^.,  re- 

to  release  his'     Icasc  to  the  proprietors  of  the  common  lands  aforesaid  on  the  neck,  all 
nfckV"^^"^       the  right  and  interest  that  he  now  hath  in  the  neck  aforesaid,  and  the 

same  is  remi[s][^i]ed  to  them  accordingly. 

Division  into  [Sect.  6.]     That  the  division  of  the  lands  on  the  neck  aforesaid  into 

lots  con  rme  .    j^^^^  made  by  the  proprietors  aforesaid,  be  confirmed,  and  that  the 

residue  of  the  lands  there  belonging  to  the  proprietors,  be  laid  out  into 

such  lot[t]s  as  ma}'  best  accom[73i]odate  the  proposed  division. 

Grants  mndc  by       [Sect.  7.]     That  the   grants   heretofore    made   by  the   proprietors 

heretofore^con!    aforcsaid  of  lot[t]s  number  fifteen  and  number  sixteen  in  the  river 

firmed,  &c.         range  to  Joseph  Haven,  Esq^'^^,  and  also  the  two  fifteen  acre  lot [t]s 

sold  b}^  said  proprietors'  committee  to  Benjamin  Burnap,  Jun"'. ,  be  and 

hereb}^  are  confirmed  to  them  and  their  heirs  ;  and  that  all  the  other 

draughts  of  lot[t]s  made  by  the  aforesaid  proprietors  be  void  and  of 

no  eflfect ;  and  that  there  be  a  new  draught  of  all  the  lots,  except  the 

four  lot[t]s  aforesaid. 

Owners  of  lands       [Sect.  8.]     That  the  owncrs  of  all  the  lands  in  Framingham  leased 

ThonVas  Dan.     by  Thomas  Danforth,  Esqi^""^.,  deceased,  be  considered  as  proprietors  of 

forth,  Esq.,  con-  ^^jjg  commou  lauds  on  the  neck  aforesaid  ;  that  each  proprietor  subscrib- 

ei(h'red  as  pro-      .  ij?-  • 

prictors,  &c.  ing  to  Said  agreement  draw  a  share  thereof  in  proportion  to  the  number 
of  acres  mentioned  in  the  original  title  deed  or  the  quantity  found  by 
a  surve}'  made  at  his  own  cost,  at  his  own  election  ;  and  the  six  hun- 
dred acres  aforesaid,  and  also  the  six  hundred  acres  adjo[y]  [?*]ning  to 
Sudbur}'^  line,  containing  Nobscot  and  Doeskin  Hill,  mentioned  in  said 
Danforth's  lease  to  the  aforesaid  Joseph  Buckminster,  Esqi^'^.,  deceased, 
shall  also  draw  an  equal  share  with  the  other  lands,  and  such  draughts 
shall  be  and  remain  to  and  for  the  use  of  the  person  or  persons  to 
whom  the  same  belongs ;  but  the  other  lands  on  the  neck  aforesaid, 
conveyed  by  the  said  Joseph  Buckminster,  Esq'^"'^.,  dece[ase]d,  shall 
not  draw  any  share  in  the  division  of  the  commons  aforesaid. 
CTiarges  already  [Sect.  9.]  That  the  chargcs  already  incurred  in  bringing  forward 
arisen  owto  e  ^  (jjyision  of  the  commons  aforesaid,  and  the  grants  heretofore  made 
by  the  proprietors  to  reimburse  those  charges,  be  allowed  and  paid  by 
the  whole  propriety. 
Dispute  be-  [Sect.  10.]     That  notMug  in  the  foregoing  shall  be  construed  to 

Biiekminfs'ter      affect  the  disputc  that  is  or  may  be  between  Joseph  Buckminster, 
and  Francis        Esq'^'^.,  and  Fraucis  Brindley,  EsqK,  who  shall  be  [i]relntitled  to  the 

Bnndley,  Esqs.,      ,*'  .  „,  •''  .,.,-,        i        ■,  — 'i"*,        ,i 

not  to  be  aU'ect-  share  or  proportion  of  the  commons  that  the  lands  sola  by  the  same 

*^'  Buckminster  and  others  to  the  said  Brindley  shall  draw  ;  and  if  that 

dispute  shall  be  finally  set[i]led  in  favour  of  the  said  Buckminster,  so 

that  he  should  hold  such  draughts,  then  the  said  Buckminster  shall 

allow  for  the  twenty  acres  sold  to  James  Newton,  otherwise,  that  the 

said  Newton  shall  hold  his  measure,  an^'thing  herein  to  the  contrary 

notwithstanding. 

Allowance  to  be      [Sect.  11.]     That  the  scvcral  clauses  of  this  act  shall  operate  ac- 

Buckmfnstert^    cordiug  to  the  truc  intent  of  said  agreement ;    and   that  all  proprietors 

Esq.,  in  case.      [^  common  in  said  lands  and  persons  claiming  right  with  them,  or  to 


[3d  Sess.]  Province  Laws.— 1758-59.  173 

any  share  of  commonage  therein,  their  heirs  and  assigns,  shall  and  Operation  of  tLi« 
hereby  are   bound  by  the  settlement  aforesaid  as  established  by  this  *'^'" 
act,  and  according  to  the  true  intent  and  meaning  thereof,  any  legal 
incapacity  of  any  such  proprietor  or  claimant,  and  any  defect  in  the  ex- 
ecuting said  agreement  or  proceedings  in  such  proprietary  meetings  not- 
withstanding.    \_Passed  February  13  ;  imblished  February  14,  1709. 


CHAPTER    12. 

AN  ACT  FOR  ERECTING  THE  SECOND  PRECINCT  IN  THE  TOWN  OF  IIAD- 
LEY,  IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  DISTRICT,  BY  THE 
NAME  OF  AMHERST. 

Whereas  the  inhabitants  of  the  second  precinct  in  the  town  of  Had-  Preamble, 
ley,   in  the  county  of  Hampshire,  have  petitioned  this  court,  setting 
forth  sundr}'  difficulties  they  labour  under  by  means  of  their  not  being 
a  district,  and  praying  they  may  be  so  erected, — 

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

[Sect.  1.]     Thr.t  the  said  second  precinct  in  Hadley,  according  to  Seron<i  precinct 
its  i)rescnt  known  bounds,  be  and  hereby  is  erected  into  a  sep[a][«]rate  "d  Into  a^scpa^'' 
nnd  distinct  district  by  the  name  of  Amherst ;  and  that  the  inhabitants  ratedistricu 
thereof  do  the  duties  that  are  required,  and  enjoy  all  privileges  tliat 
towi-rs  do  or  b}'  law  ought  to  enjoy  in  this  province,  that  of  sending  a 
representative  to  the  general  assembly  only  excepted  ;  and  that  the  in- 
habitants of  said  district  shall  have  full  right  to  join  with  the  inhab- 
itants of  the  said  town  of  Hadley  in  electing  a  representative  annually, 
and  shall  be  notified  of  the  time  and  place  of  election  with  the  inhab- 
itants of  the  said  town  of  Hadley,  by  a  warrant  from  the  selectmen 
of  Hadley  directed  to  the  constable  of  said  district,  requiring  him  to 
warn  the  inhabitants  of  said  district  to  attentl  the  meeting  for  that  pur- 
[losc  at  the  time  and  place  by  them  assigned,  which  warrant  shall  be 
seasonably  returned  by  said  constable;  and  the  rei)resentatlvc  may  be  Powers thereoft 
chosen  indiderently  out  of  said  town  or  either  of  the  districts,  his  pay 
and  allowance  to  be  born  b}'  the  town  of  Hadley  and  the  said  districts, 
in  the  proportion  that  they  respectively'  pa}'  to  the  province  tax. 

And  be  it  farther  enacted, 

[Sect.  2.]     That  Isaac  Ward,  Reuben  Ingraham,  Phillip  Ingraham,  rorsons  ana  es. 
Isaac  Hubbard,  and  Edward  Elmor,  and  their  resi)ective  estates  lying  euid^diatricu  ^ 
within  the  bounds  of  the  tract  of  seventeen  hundred  and  seventy-seven 
acres  i)etitioned  for,  and  adjoining  to  the  said  second  precinct  line,  bo 
and  hereby  are  annexed  to  the  said  district,  there  to  enjoy  privilege  and 
do  duty. 

And  be  it  further  enacted, 

[Sect.  3.]     That  Timothy  Dwigbt,  Esq"^'^.,  be  and  hereby  is  directed  Power  for  caii. 
and  impowered  to  issue  his  warrant,  directed  to  some  principal  inhab-  *"8»™ecUng. 
itant  within  said  district,  requiring  him  to  warn  the  inhabitants  of  said 
district  (qualified  to  vote  in  town  affairs,  to  assemble  at  some  suitable 
time  and  place  to  choose  such  otlicers  as  are  necessary  to  manage  the 
affairs  of  said  district:  ijwcidcd,  nfvertheless,  the  inhabitants  of  said  rroviso. 
district  shall  pay  their  proportionable  part  of  all  such  town,  count}', 
and  province  charges  as  are  already  assessed  in  like  manner  as  tho' 
this  act  had  not  been  made.     [^Fassed  February  13  ;  imblished  February 
U,  1759. 


176 


Province  Laws.— 1758-59.  [Chap.  16.] 


Persons  ag- 
grieved, to 
■wliorn  to  apply 
and  in  what  way 
and  manner  they 
shall  be  relieved, 
&c. 


Penalty  for  any 
selectman  or 
justice  of  the 
peace  refusing 
or  nearlecting  to 
quarter  officers 
and  soldiers,  or 
that  shall  re- 
ceive a  reward, 
&c. 


Or  occupier  of 
any  puhiichouse 
who  shall  refuse 
or  neglect  to 
quarter  officers 
and  soldiers. 


To  be  levied  by 
distress. 


Applied  to  the 
charges  of  the 
government. 
Limitation. 


Provided,  cdso, — 

And  be  it  further  enacted, 

[Sect.  3.]  That  in  case  any  person  shall  find  himself  aggrieved  in 
that  an}'  selectra[e][a]n  has  quartered  or  billeted  in  his  house  a  greater 
number  of  soldiers  than  he  ought  to  bear  in  proportion  to  his  neighbours, 
and  shall  complain  thereof  to  one  or  more  justice  or  justices  of  the 
peace  for  the  county  where  such  soldiers  are  quarter[ed][ing'J,  or  in 
case  such  soldiers  shall  have  been  quartered  by  a  justice  of  the  peace, 
then  on  complaint  made  to  two  or  more  justices  of  the  peace  for  the 
count}',  such  justices,  respectively  shall  have  and  hereby  have  power  to 
relieve  such  person  by  ordering  such  and  so  many  of  the  soldiers  to  be 
removed  or  quartered  upon  such  other  person  or  persons  as  they  shall 
see  cause ;  and  such  other  person  or  persons  so  licenced  shall  be 
obliged  to  receive  such  soldiers  accordingl}-. 

And  be  it  further  enacted, 

[Sect.  4.]  That  if  any  selectman  or  justice  of  the  peace  shall 
neglect  or  refuse  for  the  space  of  four  hours  to  quarter  or  billet  such 
officers  or  soldiers,  when  thereunto  required,  in  such  manner  as  is  by 
this  act  directed,  provided  sufficient  notice  be  given  before  the  arrival 
of  any  recruiting  parties,  or  shall  receive,  demand,  contract  or  agree 
for  any  sum  or  sums  of  money,  or  any  reward  whatsoever,  for  or  on 
account  of  excusing  or  in  order  to  excuse  any  person  or  persons  what- 
soever from  quartering  or  receiving  into  his,  her  or  their  house  or 
houses  any  such  officer  or  soldier,  or  in  case  any  occupier  of  any  pub- 
lick  licenced  house  liable  by  this  act  to  have  any  officer  or  soldier  bil- 
[l]et[i]ed  and  quartered  on  him  or  her,  shall  refuse  to  receive  and  victual 
any  such  officer  or  soldier  so  quartered  and  billeted  upon  him  or  her  as 
aforesaid  according  to  the  directions  of  this  act,  and  shall  be  thereof 
convicted  before  two  justices  of  the  peace  for  the  county  where  such 
offence  shall  be  committed,  one  of  which  justices  to  be  of  the  quorum, 
either  by  his  or  her  own  confession,  or  by  the  oath  of  one  or  more  cred- 
ible witness  or  witnesses,  every  person  so  offending  shall  forfeit  to  his 
majesty  for  every  such  offence  the  sum  of  five  pounds  sterling  or  any 
sum  of  money  not  exceeding  five  pounds  sterling  nor  less  than  forty 
shillings  sterling,  as  the  said  justices  before  whom  the  matter  shall  be 
heard  shall  in  their  discretion  think  fit,  to  be  levied  by  distress  and 
sale  of  the  goods  of  the  person  offending,  by  warrant  under  the  hands 
and  seals  of  the  justices  before  whom  such  offender  shall  be  convicted, 
to  be  directed  to  the  sheriff  of  the  county,  his  deputies,  or  any  consta- 
ble of  the  town  where  the  offender  shall  dwell,  such  fine  or  forfeiture 
to  be  paid  into  the  province  treasur}'  and  to  be  applied  to  the  publick 
charges  of  this  government. 

[Sect.  5.]  This  act  to  be  and  remain  in  force,  from  and  after  the 
twenty-ninth  day  of  January,  one  thousand  seven  hundred  and  fifty- 
nine,  to  and  until  the  first  day  of  June,  one  thousand  seven  hundred 
and  fifty-nine,  and  no  longer.  \^jPassed  January  17;*  published  Feb- 
ruary 14,-|-  1759. 


CHAPTEK    16. 

AN  ACT  IN  ADDITION  TO  AN  ACT    INTIT[C7]LED  "AN  ACT  TO   PREVENT 
FRAUD  IN  CORD-WOOD  EXPOSED  TO  SALE." 


Preamble.  Whereas  in  and  bv  an  act  made  and  passed  in  the  fourth  year  of  her 

1705-6, chap.  8,  §  jr^^g  majesty  Queen  Anne,  intit[«]led  "  An  Act  to  prevent  fraud  in  cord- 

*  February  13,  according  to  the  record. 

t  January  20,  according  to  the  printed  acts. 


[3d  Sess.]  Province  Laws.— 1758-59.  I77 

wood  exposed  to  sale,"  it  is  enacted,  "  that  all  cord-wood  exposed  to 
sale  shall  be  four  feet  long,  accounting  to  half  the  carf ;  and  the  cord, 
being  well  and  close  laid  together,  shall  measure  eight  feet  in  length 
and  four  feet  in  hoig[/i]th."  Notwithstanding  which,  great  frauds  and 
abuses  have  for  several  years  past,  and  still  are  daily  committed  in 
bringing  to  man}^  towns  in  this  province,  and  there  exposing  to  sale, 
great  quantities  of  firewood,  commonly  called  cord-wood,  not  more 
than  three  feet  or  three  feet  and  a  half  long,  whereb}'  the  inhabitants 
of  such  towns,  and  especially  the  poor  thereof,  are  greatly  injured  and 
defrauded,  there  being  no  penalty  annexed  by  said  law  to  such  persons 
as  arc  guilty  of  the  breach  thereof;  for  remedy  whereof,  and  for  pre- 
venting the  like  abuses  for  the  future, — 

Be  it  enacted  by  the  Governo\_u~\r^  Council  and  House  of  liepre- 
sentatives, 

[Sect.  1 .]     That  if  any  firewood  or  wood  designed  for  fewell,  com-  Admeasure- 
monly  called  cord-wood,  which  shall  be  less  in  length  than  four  feet,  ™ood.*^^  *^°"^' 
including  half  the  carf  as  aforesaid,  shall,  after  the  first  day  of  Novem- 
ber next,  be  l)roiight  by  water  into  any  towns  in  this  province  for  sale, 
such  wood  shall  be  forfeited,  two  third  parts  thereof  to  the  use  of  the  Penalty. 
poor  of  the  town,  and  the  other  third  part  thereof  to  the  sealer  of 
wood,  who  shall  seize  the  same  accordingl}-. 

And  be  it  further  enacted, 

[Sect.  2.]      That  in   every  town  or  district  within  this  province  Selectmen  to 
where  wood  is  usually  sold  by  the  cord,  the  selectmen  shall  annually,  persons  ™'^bo 
or  as  occasion  shall  require,  nominate  and  appoint  some  meet  persons  eeaiera  of  wood, 
to  be  measurers  and  sealers  of  wood,  who  shall  be  sworn  in  like  man- 
ner as  other  town  otiicers  to  the  faithful [1]   and  diligent  discharge  of 
their  odice,  and  the  selectmen  shall  from  time  to  time  appoint  such  fees 
or  allowance  for  their  service  as  they  shall  judge  reasonable. 

And  be  it  further  enacted, 

[Sect.  3.]     That  no  wharfinger  or  carter  shall,  by  himself  or  an}'  Penalty  for  cart- 
for  or  under  him,  cart  or  carr}'  any  firewood  or  wood  commonly  used  or  woo'd  unu? '"^ 
intended  fur  fewell  from  any  wharf[/'][e]   or   landing    place   in    any  meaaured. 
town  in  this  province,  except  for  the  proper  use  and  consumption  of 
such  wharfinger  or  carter,  that  shall  not  be  four  feet  in  length,  includ- 
ing half  the  carf,   and  until  it  hath  been  first  measured  b}-  the  officer 
appointed  b\'  the  selectmen  as  aforesaid,  on  penalty  of  forfeiting  and 
paying  six  shillings  for  every  load  of  wood  so  carried  off,  and  every 
wharfinger  shall  be  chargeable  to  the  officer  or  person  appointed  to 
measure  wood  as  aforesaid,  for  his  fees,  if  demanded,  and  be  compelled 
by  law  to  pay  him  the  same. 

And  vjhereas  frequent  complaints  are  made  that  such  of  the  inhab-  Preamble, 
itants  of  the  town  of  Boston  as  are  i)oor,  and  usually  purchase  their 
firewood  and  charcoal  in  small  quantities,  are  greatly*  defrauded  in  their 
measure,  and  not  having  the  (luantity  bought ;  for  preventing  whereof, 
and  for  ascertaining  the  quantity  of  wood  and  charcoal  bought, — 

Be  it  enacted^ 

[Sect.  4.]  That  each  cart  or  sled  employed  b}' an\' wharfinger  or  Carts  or  sleds  to 
common  carter  belonging  to  the  town  of  Boston,  be  so  marked  and  numbeVed, &". 
numbered  by  the  sealer  of  wood  on  some  proper  part  of  such  cart  or 
sled,  as  that  it  may  thereby  be  seen  and  known  what  quantity  of  wood 
such  cart  or  sled  will  contain  and  carry,  and  the  mark  and  number 
of  each  cart  or  sled  shall  be  registred  by  the  town  clerk  of  said  town  ; 
and  no  wharfinger  or  carter  aforesaid  shall  presume  to  carry  an}-  wood 
unless  for  his  own  fire,  in  any  cart  or  sled  that  shall  not  have  been  so 
marked,  numbered,  and  registred,  and  that  shall  not  have  at  the  time 
of  such  carrying  the  marks  and  number  remaining  visible  thereon. 


178 


Peovince  Laws. — 1758-59.  [Chap.  17.] 


Proviso. 


Penalty. 


Admeasure- 
ment of  baskets 
for  charcoal. 


Penalty. 


Proviso. 


Selectmen  to 
appoint  meet 
persons  to  seize 
deficient  baskets 
for  measuring 
charcoal,  &c. 


Fines  how  to  be 
recovered  and 
applied. 


Limitation. 


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

[Sect.  5.]  That  when  any  person  purchases  a  quantity  of  firewood 
for  his  own  burning,  and  lands  it  on  any  wharfe  or  landing  besides  a 
common  wharfinger's,  he  may  employ  any  cart  or  carts  to  carry  off  the 
same :  saving  only,  that  such  carter  shall  not  carry  within  the  town  of 
Boston  more  than  six  feet  at  a  time,  under  the  penalty  of  six  shillings 
for  each  offence.  And  no  greater  quantity  than  six  feet  shall  within 
the  town  of  Boston  be  carried  at  any  one  time ;  and  every  person 
offending  in  either  of  the  particulars  aforesaid  shall  forfeit  and  pay  the 
sum  of  six  shillings  for  each  offence.  And  if  any  dispute  shall  arise 
between  the  buyer  and  seller  as  to  the  quantity  of  wood  delivered,  and 
the  quantity  bought  or  agreed  for  ;  and  if  on  cording  and  sealing  the 
same  at  the  place  of  delivery,  it  shall  appear  there  is  not  the  quantity 
of  wood  delivered  which  was  bought  or  agreed  for,  the  seller  shall  pay 
the  buyer  the  costs  of  c[ord][a?-^]ing  and  sealing  the  wood  the  second 
time,  as  also  the  sum  of  four  shillings  for  each  offence. 

And  he  it  further  enacted, 

[Sect.  6.]  That  all  basket[t]s  used  and  improved  in  measuring 
charcoal  brought  into  any  town  for  sale,  shall  contain  two  bushel [l]s, 
and  be  of  the  following  dimensions ;  viz'^'^.,  twenty-one  inches  in 
lieighth,  and  nineteen  inches  in  breadth  ;  and  every  person  that  shall 
measure  coal  in  any  basket  of  less  dimensions,  shall  forfeit  and  pay 
for  each  offence  the  sum  of  three  shillings,  and  said  basket [t]  shall  be 
destroyed :  provided,  nevertheless,  that  no  persons  shall  be  obliged  to 
moasure  coal  sold,  where  the  quantity  shall  be  agreed  upon  by  the  buyer 
and  seller. 

And  he  it  further  enacted, 

[Sect.  7.]  That  the  selectmen  of  any  town  where  coal  is  usually 
sold,  or  the  major  part  of  them,  be  and  hereby  are  fully  impowered 
to  appoint,  as  occasion  shall  require,  such  meet  person  as  they  shall 
judge  proper  for  seizing  and  securing  all  basket[t]s  improved  for  meas- 
uring coal  that  are  not  of  the  dimensions  aforesaid,  and  prosecute  such 
person  or  persons  as  shall  be  guilty  of  the  breach  of  this  act. 

[Sect.  8.]  All  fines  and  forfeitures  arising  on  the  breach  of  this  act 
may  be  recovered  by  bill,  plaint  or  information  in  any  court  of  record 
or  before  any  of  his  majesty's  justices  of  the  peace,  according  to  the 
nature  of  the  offence ;  one  moiety  thereof  shall  be  for  the  informer, 
and  the  other  moiety  for  the  use  of  the  poor  of  the  town  where  the 
offence  shall  be  committed. 

[Sect.  9.]  Tliis  act  to  be  in  force  for  three  years  from  and  after  the 
first  day  of  November  next,  and  to  the  end  of  the  then  next  sitting  of 
the  general  court,  and  no  longer.  \_Passed  Fehruary  13  ;  puhlished 
February  14,  1759. 


CHAPTEE  17. 

AN  ACT  IN  FURTHER  ADDITION  TO  AN  ACT  INTIT[Z7]LED  "AN  ACT 
FOR  EXPLANATION  OF  AND  SUPPLEMENT  TO  AN  ACT  REFERRING  TO 
THE  POOR,"  &c. 


Preamble.  Whereas  it  somctimes  happens  that  considerable  charges  arise  to 

1740-41, chap. 20,  gome  towus  iu  this  province  by  means  of  their  being  obliged  to  take 
1749^50  chap  16  ^^^®  °^  lew[e]d  womcn  at  their  lying-in  with  bastard  children,  and  for 
nursing  and  taking  care  of  such  bastard  children, — 


[3d  Sess.] 


Pkovikce  Laws. — 1758-59. 


179 


Be  it  therefore  enacted  by  the  Governour,  Council  and  Hoicse  of 
Itep  rese  ntati  ces, 

[SixT.  1.]  That  it  shall  and  may  be  lawful  for  the  selectmen  or 
overseers  of  the  poor  of  any  town  within  this  province,  with  the  assent 
of  two  justices  of  the  peace,  to  bind  out  to  service  for  a  term  not  ex- 
ceeding five  years,  any  unmarried  woman  who  sliall  hereafter  be  deliv- 
ered of  a  bastard  child,  and  who  diuing  her  lyin<i-in  shall  have  been 
supported,  with  her  child,  at  the  charge  of  such  town,  or  whose  bastard 
child  shall  become  a  town  charge  before  it  arri\e  at  the  a^e  of  live 
years,  and  who  shall  be  unable  or  shall  refuse  to  reimburse  or  procure 
the  reimbursement  of  such  charge  or  ex[)ence. 

And  whereas  there  fre(]ucntly  happens  in  the  several  counties  through 
this  province  many  failures  both  on  the  part  of  masters  and  mistresses, 
and  on  the  part  of  indented  servants,  in  tlie  perlbrmance  of  their  re- 
spective covenants  or  duties,  as  expressed  in  their  indentures  or  deeds 
of  covenant  whereby'  said  servants  are  bound,  and  many  injuries  may 
be  committed  by  masters  or  mistresses  to  bound-servants,  as  well  as 
b}-  such  servants  to  their  resi)cctive  masters  and  mistresses,  which  re- 
quire a  summary  and  speed}'  metliod  of  redress, —    ' 

Be  it  further  enacted, 

[8i:cT.  2.]  That  it  shall  and  may  be  lawful  for  the  courts  of  gen- 
eral sessions  of  tlie  peace  for  the  respective  counties,  upon  complaint 
or  representation  made  by  the  overseers  of  the  poor  or  selectmen  of 
any  town  in  such  county,  or  by  the  overseers  appointed  for  the  county 
where  any  indented,  bouglit,  or  any  way  legally  bound,  servant  or  ap- 
prentice sliall  not  be  within  any  town  or  district,  that  any  such  servant 
or  apprentice  have  been  abused  or  evil  treated  In*  their  masters  or  mis- 
tresses, or  that  the  education  of  such  children  in  reading  or  writing  and 
cyphering,  according  to  the  tenor  of  their  indentures,  has  been  unrea- 
sonabl}'  neglected,  to  take  cognizance  of  such  representation  or  com- 
plaint, and  if  ui)on  [i]  [e]  nquiry  there  shall  appear  to  have  been  just 
cause  therefor,  sucli  master  or  mistress  shall  forfeit  a  sum  not  exceed- 
ing five  pounds,  for  the  use  of  the  poor  of  the  town  or  district  where  such 
master  or  misti'css  shall  then  be  an  inhabitant,  to  be  levied  by  distress 
and  sale  of  his  or  her  goods,  by  warrant  to  be  issued  b}-  order  of  the 
court  aforesaid  ;  and  the  said  court  may  order  such  child  or  children  to 
be  liberated  or  discharged  from  their  masters  or  mistresses,  and  any 
male  so  discharged  being  untlcr  the  age  of  twenty-one  years,  and  any 
female  under  the  age  of  eighteen  years,  may,  by  order  of  such  court,  be 
bound  to  other  persons  until  they  arrive  to  the  age  of  twenty-one  or 
eighteen  years,  res[)ectively  ;  and  if  such  representation  shall  not  be 
sulficiently  su|)ported  or  proved,  the  same  shall  be  dismissed ;  and  no 
fee  shall  be  allowed  or  taken  b^'  said  court  for  the  entry  of  such  repre- 
sentation or  complaint,  or  any  process  thereon. 

And  be  it  further  enacted, 

[Sect.  3.]  That  if  an}'  apprentice  or  servant  shall  elope  or  desert 
the  service  to  whicli  he  or  she  is  or  shall  be  bound  as  aforesaid,  and 
damage  accrue  thereliy  to  the  master  or  mistress  of  such  servants,  it 
shall  and  may  be  lawful  for  the  justices  of  the  court  of  sessions,  upon 
application  made  to  them,  to  order  satisfaction  to  be  made  by  such  ser- 
vant or  apprentice,  to  his  or  her  master  or  mistress,  either  by  service  or 
otherwise,  as  to  tliem  shall  seem  meet:  prodded,  that  if  any  api)rcntice 
or  servant  shall,  during  the  present  war,  inlist  and  actually  go  into  his 
majesty's  service,  he  shall  not  for  such  inlistment  be  deemed  a  deserter 
from  the  service  of  his  master  or  mistress,  nor  be  hekl  to  make  satis- 
faction as  aforesaid. 

[SiccT.  1.]  This  act  to  be  and  contiiuie  in  force  until  the  fifteenth 
day  of  February,  one  thousand  seven  hundred  and  sixty-four,  and  no 
longer.     \_Passed  February  13  ;  published  February  14,  1759. 


Seloctracn,  &c, 
to  bind  k'wd 
woiuen  to  ser- 
vice. 


Preamble. 


General  sessioru 
empowered  to 
take  cognizance 
on  the  com- 
plaints of  the 
overseers  of  the 
poor  or  Belect- 
mon,  rehiting  to 
the  delicieucy  of 
masters  and 
mistresses  to- 
wards their 
servants. 


Penalty. 


Sessions'  power 
of  binding  ser- 
vants after  they 
have  been  liber- 
ated, &c. 


In  case  of  the 
elopement,  &c., 
of  servants,  on 
complaint  of 
their  masters  of 
mistresses,  gen- 
eral sessions 
em])Owered  to 
order  satisfac- 
tion, 
i'ruviso. 


Limitation. 


180 


Peovince  Laws.— 1758-59.  [Chap.  18.] 


CHAPTER   18. 

AN  ACT  PROVIDING  THAT  THE  SOLEMN  AFFIRMATION  OF  THE  PEO- 
PLE CALLED  QUAKERS  SHALL  IN  CERTAIN  CASES,  BE  ACCEPTED  IN- 
STEAD OF  AN  OATH  IN  THE  USUAL  FORM. 


Preamble. 

1743-44,  chap. 

20. 

1747-48,  chap.  6. 


Quakers  per- 
mitted to  make 
aHirination. 


Form  of  afiirma- 
tiou. 


Affirmation  to 
be  of  force  and 
effect,  &c. 


False  affirma- 
tion to  be  deem- 
ed perjury. 


Proviso. 


In  case  the  ma- 
jority of  assess- 
ors or  collectors 
chosen  being 
Quakers, 
towns  empow- 
ered to  choose 
other  persons, 
&c. 


Whereas  the  people  called  Quakers  profess  to  be,  in  their  con- 
sciences, scrupulous  of  taking  an  oath  in  the  form  by  law  required, — 

Be  it  therefore  enacted  by  the  Gover7io[u']r,  Council  and  House  of 
JRepresentat  ives , 

[Sect.  1.]  That  from  and  after  the  tenth  da^^  of  February,  one 
thousand  seven  hundred  and  fift^'-nine,  every  Quaker  within  this  prov- 
ince who  shall  be  I'equired  upon  an}'  lawful  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;  yiz^^'^., — 

I,  A.  B.,  do  solemnly  and  sincerely  affirm  and  declare,  under  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  be  it  further  enacted, 

[Sect.  3.]  That  if  any  Quaker  making  such  solemn  affinnation  or 
declaration  shall  be  lawfully  convicted,  wilfully,  falsel}',  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,  ever}'  such  Quaker  so  offending  shall  incur  the  same  penalties 
and  forfeitures  as,  b}'  the  laws  of  this  province,  are  enacted  against  per- 
sons convicted  of  wilful  and  corrupt  perjury. 

Provided,  always, — 

Ayid  be  it  enacted, 

[Sect.  4.]  That  no  Quaker  or  reputed  Quaker  shall  by  virtue  of 
this  act  be  qualified  or  permitted  to  serve  on  an}-  jury  in  any  of  the 
courts  witliin  this  province  (without  taking  the  oath  by  law  required, 
except  in  civil  causes  only ;  and  in  such  causes  such  persons  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  government  where  an  oath  is,  by  law,  required  to  qualify  a 
person  for  the  discharge  of  such  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  public  worship  of  God 
within  the  same. 

And  he  it  further  provided  and  enacted, 

[Sect.  5.]  That  where  one-half  or  more  of  the  assessors  or  collect- 
ors of  any  town  shall  be  of  the  people  called  Quakers,  such  of  the  in- 
habitants of  said  town  who  arc  not  Quakers  ma}'  and  shall  at  the  same 
meeting  at  which  such  assessors  or  collectors,  being  Quakers,  are  chosen, 
proceed  to  the  choice  of  an  equal  number  of  other  persons  who  are  not 
Quakers  ;  and  such  assessors  or  collectors  so  chosen  shall  he  as  fully 
qualified  by  themselves,  where  the  whole  number  of  the  first-chosen  as- 


[3d  Sess.]  Province  Laws. — 1758-59.  181 

scssors  arc  Quakers,  or  together  with  the  other  assessors  who  arc  not 
Qiiakei"s,  when  an}'  such  there  be,  to  make  rates  and  taxes  for  the 
settlement  and  support  of  the  ministry,  and  for  building  and  repairing 
any  house  or  houses  for  the  public  worship  of  God  within  such  town, 
and  for  no  other  purposes  ;  and  such  collector  shall  be  as  fully  inipow- 
ered  to  collect  the  same  as  they,  the  said  assessors  and  collectors, would 
have  been  had  no  other  assessors  or  collectors  been  before  chosen  :  and 
any  assessor  or  collector  so  chosen  shall  be  liable  to  the  same  penalty 
for  refusing  to  serve  in  their  respective  ofBce  as  he  would  have  been 
had  he  been  chosen  and  refused  to  serve  as  assessor  or  collector  of  all 
the  rates  and  taxes  in  said  town. 

[Sect.  6.]     This  act  to  continue  and  be  in  force  for  the  space  of  five  Limitation, 
years  from  the  tenth  day  of  Februar}-,  one  thousand  seven  hundred  and 
fiitj-'Uiue.     \_F(.is3ed  February  13  ;  published  February  14,  ITuU. 


182  PEOvmcE  Laws. — 1758-59.  [CnAr.  19.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-eighth  day  of  February,  A.  D. 

1759- 

CHAPTER    19. 

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

We,  his  majesty's  most  dutiful  and  loyal  subjects,  the  representatlA-es 
of  the  province  of  the  Massachusetts  Bay,  in  New  England,  being  desir- 
ous of  lessning  the  public  debts,  have  cliearfuU}'  and  unanimously 
given  and  granted,  and  do  give  and  grant,  to  his  most  excellent  majest}', 
for  the  service  of  this  province,  as  the}'  shall  hereafter  apply  it,  the 
several  duties  of  impost  upon  all  liquors,  wares,  goods  and  merchan- 
dizes that  shall  be  imported  into  this  province,  and  tonnage  of  ship- 
ping, hereafter  mentioned  ;  and  pray  that  it  may  be  enacted,  — 

A7id  be  it  accordingly  enacted  by  the  Governoiir,  Coxincil  and  House 
of  Representatives^ 

[Sect.  1.]  That  from  and  after  the  twentj^-sixth  day  of  March,  one 
thousand  seven  hundred  and  fifty-nine,  to  the  twenty-sixth  da}'  of  March, 
one  thousand  seven  hundred  and  sixt}',  there  shall  be  paid  by  the  im- 
porters of  all  wines,  rum  and  other  liquors,  goods,  wares  and  merchan- 
dize that  shall  be  imported  into  this  province  by  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  ever}^  hogshead  of  molasses,  fourpence. 

For  ever}'  hogshead  of  tobacco,  ten  shillings. 

For  every  pound   of  tea   that  shall  be   imported    from   any  of  his 
majesty's  plantations  in  America,  one  shilHng. 
— And  so,  proportionably,  for  a  greater  or  less  quantity. 

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 
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  importers  double  the  impost  laid  by 
this  act :  jyi'ovided  ahvays,  that  everything  which  is  the  growth  or  prod- 
uce of  the  provinces  or  colonies  aforesaid  (tobacco  and  bar-iion  ex- 


[4tii  Sess.]  Pkovince  Laws. — 1758-59.  183 

cepted),  and  all  provisions,  salt,  cotton- wool,  pig-iron,  mohogony, 
brazilleto,  black-walnut,  lingum-vitee,  red-cedar,  logwood,  hemp,  raw 
skins  and  hides,  and  also  all  prize  goods  brought  into  and  condemn'd 
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  *  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  officer  of  his  majesty's  customs,  that  the  same  have  been 
landed  in  some  of  tlie  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  further  enacted, 

[Sect.  4.]  That  the  master  of  every  ship  or  vessell  coming  into 
this  province  from  any  other  place,  sliall,  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  or  loading  of  such  ship  or  vessell, 
therein  [)articularly  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 
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  lie  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  merchan- 
dize imported  in  such  ship  or  vessell  to  be  unladen  before  report  and 
entry  thereof  be  made  as  aforesaid,  he  shall  forfeit  the  sum  of  one 
hundred  pounds. 

And  he  it  farther  enacted, 

[Sect.  6.]  That  all  merchants  and  other  persons,  being  owners  of 
an}'  wines,  liquors,  goods,  wares  or  merchandize  imported  into  this 
province,  for  which  any  of  the  rates  or  duties  aforesaid  arc  payable,  or 
having  the  same  consigned  to  them,  shall  make  an  cntr}'  tliereof  with 
the  commissioner  afn-esaid,  and  produce  an  invoice  of  all  such  goods  as 
pa}'  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, 
accordiug  to  your  best  skill  and  judgment,  it  is  not  less  than  that  value.  So 
help  you  God. 

— which  oath  the  commissioner  or  receiver,  appoint'd  in  consequence  of 
this  act,  is  hereby  impowered  and  directed  to  administer ;  and  the  own- 
ers aforesaid  shall  pay  to  the  said  commissioner,  or  give  security  to  pay, 
the  duty  of  impost  by  this  act  recjuired,  before  such  wines,  liquors, 
goods,  wares  or  merchandize  be  landed  or  taken  out  of  the  vessell  in 
which  the  same  shall  be  imported. 

•  Sic. 


184  Peovince  Laws.— 1758-59.  [Chap.  19.] 

[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  wharff,  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  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  casks  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  hereby  is  allowed 
to  give  credit  to  such  person  or  persons  whose  duty  of  impost  in 
one  vessell  shall  not  exceed  six  pounds  :  which  credit  shall  be  so  limited 
as  that  he  shall  settle  and  ballance  his  accompts  with  every  person,  on 
or  before  the  twenty-sixth  day  of  March,  one  thousand  seven  hundred 
and  sixty,  that  the  said  accompts  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  March,  one 
thousand  seven  hundred  and  fifty-nine,  and  untill  the  twenty-sixth  day 
of  March,  one  thousand  seven  hundred  and  sixty,  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  particu- 
larly 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  or  secure  to  be  paid  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  whatsoever. 

And  he  it  further  enacted, 

[Sect.  11.]  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-thirds  thereof  leaked 
out,  shall  be  accounted  for  outs,  and  the  merchant  or  importer  shall  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  forfeiting 
the  sum  of  one  hundred  pounds. 

[Sect.  12.]  And  if  it  ma}^  be  made  to  appear  that  any  wine  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  com- 
missioner or  receiver  that  the  same  hath  not  been  landed  above  that 
time,  the  duties  and  impost  paid  for  such  wines  shall  be  repaj'ed  unto  the 
importer  thei'eof. 

And  be  it  further  enacted, 

[Sect.  13.]  Tiiat  the  master  of  ever}'  ship  or  vessell  importing  any 
liquors,  wines,  goods,  wares  or  mej'chandize,  shall   be   liable  to   pay 


[4th  Sess.]  Province  Laws.— 1758-59.  185 

the  impost  for  such  and  so  much  thereof,  contained  in  his  manifest,  as 
shall  not  be  duly  enter'd,  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  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- 
tilicate,  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  hereby  im- 
powcred  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  wine,  liquors,  goods,  wares  or  merchan- 
dize as  such  master  shall  direct. 

And  be  it  further  enacted,, 

[Sect.  14.]  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  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  or  secured  to  bo 
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  duty  thereof  shall  be  brought,  and  be  there 
required  to  make  oath  to  the  value  of  such  goods,  wares  or  merchan- 
dize. 

And  be  it  further  enacted., 

[Sect.  15.]  Tliat  the  ship  or  vessell,  with  her  tackle,  apparell  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  an}'  such  default,  as  also  to  make  good  the  impost  or  duty 
for  all  wines,  liquors,  goods,  wares  and  merchandize  not  enter'd  as 
aforesaid,  or  for  which  the  duty  of  impost  hath  not  been  paid ;  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  by  execution  for  the  same  ; 
and  the  commissioner  or  receiver  of  the  impost  is  hereb}'  impower'd  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  for  the  duty  aforesaid  ;  to  the  intent, 
that  if  judgment  be  rendered  for  the  prosecutors  or  informer,  such  ship 
or  vessell  and  appurtenances  may  be  exposed  to  sale,  for  satisfaction 
thereof,  as  is  before  provided  :  videss  the  owners,  or  some  on  their 
behalf,  for  the  releasing  of  such  ship  or  vessell  from  under  seizure 
or  restraint,  shall  give  sufficient  security  to  the  commissioner  or  re- 
ceiver of  impost  that  seized  the  same,  to  respond  or  satisfj-  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  owner,  through  his  default  or  neglect,  shall  be  liable  unto 
their  action  for  the  same. 


184  Pkovince  Laws.— 1758-59.  [Chap.  19.] 

[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  wharff,  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  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  casks  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  hereby  is  allowed 
to  give  credit  to  such  person  or  persons  whose  duty  of  impost  in 
one  vessell  shall  not  exceed  six  pounds  :  which  credit  shall  be  so  limited 
as  that  he  shall  settle  and  ballance  his  accompts  with  every  person,  on 
or  before  the  twenty-sixth  day  of  March,  one  thousand  seven  hundred 
and  sixt}',  that  the  said  accompts  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  he  it  farther  enacted, 

[Sect.  10.]  That  the  importer  of  all  wines,  liquors,  goods,  wares 
and  merchandize,  from  and  after  the  twenty-sixth  day  of  March,  one 
thousand  seven  hundred  and  fifty-nine,  and  uutill  the  twenty-sixth  day 
of  March,  one  thousand  seven  hundred  and  sixty,  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  particu- 
larly 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  or  secure  to  be  paid  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  whatsoever. 

And  be  it  further  enacted, 

[Sect.  11.]  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-thirds  thereof  leaked 
out,  shall  be  accounted  for  outs,  and  the  merchant  or  importer  shall  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  forfeiting 
the  sum  of  one  hundred  pounds. 

[Sect.  12.]  And  if  it  may  be  made  to  appear  that  any  wine  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  com- 
missioner 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  farther  enacted, 

[Sect.  13.]  Tiiat  the  master  of  every  ship  or  vessell  importing  any 
liquors,  wines,  goods,  wares  or  merchandize,  shall   be   liable  to   pay 


[4th  Sess.]  Province  Laws. — 1758-59.  185 

the  impost  for  such  and  so  much  thereof,  contained  in  his  manifest,  as 
shall  not  be  duly  enter'd,  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  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  receiver  of  impost,  that  the  duty 
for  the  same  is  paid,  and  untill  he  be  repaid  his  necessar}'  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  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  wine,  liquors,  goods,  wares  or  merchan- 
dize as  such  master  shall  direct. 

And  be  it  further  enacted, 

[Skct.  14.]  That  the  commissioner  or  receiver  of  the  impost  in  each 
port,  shall  be  and  hereby  is  impowered  to  sue  the  master  of  an}"  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  enter'd  and  the  duty  of  impost  therefor  not  paid  or  secured  to  bo 
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  duty  thereof  shall  be  brought,  and  be  there 
required  to  make  oath  to  the  value  of  such  goods,  wares  or  merchan- 
dize. 

And  be  it  further  enacted, 

[Sect.  15.]  That  the  ship  or  vessell,  with  her  tackle,  apparell  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  b}'  such  master,  according  to 
this  act,  for  an}'  such  default,  as  also  to  make  good  the  impost  or  duty 
for  all  wines,  liquors,  goods,  wares  and  merchandize  not  enter'd  as 
aforesaid,  or  for  which  the  duty  of  impost  hath  not  been  paid ;  and, 
ui)on  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  by  execution  for  the  same  ; 
and  the  commissioner  or  receiver  of  the  impost  is  hereby  impower'd  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  for  the  duty  aforesaid  ;  to  the  intent, 
that  if  judgment  be  rendered  for  the  prosecutors  or  informer,  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  of  such  ship  or  vessell  from  under  seizure 
or  restraint,  shall  give  sufficient  security  to  the  commissioner  or  re- 
ceiver of  impost  that  seized  the  same,  to  respond  or  satisfy  the  sura 
or  value  of  the  forfeitures  aud  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  owner,  through  his  default  or  neglect,  shall  be  liable  unto 
their  action  for  the  same. 


186  Province  Laws.— 1758-59.  [Chap.  19.] 

And  he  it  further  enacted, 

[Sect.  16.]  That  the  naval  oflScer  within  anj'  of  the  ports  of  this 
province  shall  not  clear  or  (jive  passes  to  any  master  of  any  ship  or 
vessell,  outward  bound,  untill  he  shall  be  certified,  by  the  commissioner 
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 
hereby  impower'd  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  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,  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  impower'd  and  enjoin'd  to,  ap- 
point one  or  more  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  or  distilled  spirits  or  tea  brought  or  relanded  in  this 
government,  where  the  duty  is  not  paid  as  aforesaid,  and  to  seize  or 
secure  the  same  for  the  ends  and  uses  as  in  this  act  is  hereafter  pro- 
vided. 

And  be  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  distill'd  spirits,  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  his  deputy  may,  in  the  daytime,  between  sun- 
rising  and  sun-setting,  demand  admittance,  of  the  person  owning  or  occu- 
pying such  place,  and,  upon  refusal,  shaiyiave  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  deputy, 
shall  be  and  hereby  is  impower'd  to  command  assistance,  and  im- 
press carriages  necessary  to  secure  the  liquors  or  tea  seized  as  afore- 
said;   and   any   persons    refusing    assistance,   or   preventing   any  of 


[4th  Sess.]  Province  Laws. — 1758-59.  187 

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  allbrded,  and  carriages  made  use  of,  to 
secure  the  liquors  or  tea  seized  as  aforesaid  ;  and  the  commissioner  or 
his  deputy  shall  then  file  an  information  of  such  seizure  in  the  inforiour 
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 
occupier  of  such  shop,  house  or  warehouse,  or  distill-house,  where  the 
same  were  seized,  to  appear  and  shew  cause,  if  any  he  has,  why  such 
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  public  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  vcssell,  coming  into  any  port  or  ports  of  this  province,  to  trade 
or  tralllck,  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  Jersc}',  Connecticutt,  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  burden  :  saving  for  that  part  which  is  owned  in 
Great  Britain,  this  province,  or  any  of  the  aforesaid  governments, 
which  is  hereby  cxeu)pted  ;  to  be  paid  unto  the  commissioner  or  re- 
ceiver of  the  duties  of  impost,  and  to  be  employed  for  the  uses  and 
ends  aforesaid. 

[Sect.  22.]  And  the  said  commissioner  is  hereb}'  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  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  owner  or  master  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  b3'  him  for  impost,  and 
shall  be  allowed  him,  accordingly,  b}'  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  tonnage  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.  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  agreeable  to  this  act,  shall  be  reshipped  and  exported 
from  this  government  to  an}'  other  part  of  the  world,  that  then,  and  in 
every  such  case,  the  exporter  of  such  wine,  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  shipp'd  has,  bond  fide,  had  the 
duty  of  impost  aforesaid  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  anj'  place  where  there  is  no  officer  of  the  customs, 
or  to  an}'  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  i-xporlcr  siiall.  upon  producing  such  certificate, 
or  upon  such  oath  of  the  master,  mak(!  oath  that  he  verily  belcivos  no 
part  of  said  wines,  rum  or  tea  has  been  re-landeil  in  this  provinee, — 
such  exi)urter  shall  be  allowed  a  drawback  from  the  receiver  of  impost 
as  follows  ;  viz'., — 


ly8  '  PROVINCE  Laws.— 1758-59.  [Chap.  19.] 

For  every  pipe  of  wine,  nine  shillings. 

Foi*  eveiy  hogshead  of  rum,  seven  shillings  and  sixpence. 

And  for  every  pound  of  tea,  one  shilling. 

Provided^  ahvays, — 

[Sect.  24.]  That  if,  after  the  shipping  of  such  wines,  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  colony,  that  then  all 
such  rum,  wine  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  further  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  office,  and  whatsoever  relates 
thereto,  to  receive  commission  from  the  governour  or  commander-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  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 
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  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  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  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  o'clock  in  the 
forenoon,  untill  one  in  the  afternoon. 

[Sect.  2G.]  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 
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  commis- 
sioner's accompts,  accordingly,  to  allow  the  payment  of  such  salary  or 
salaries,  as  aforesaid,  to  himself  and  his  deputies. 

And  be  it  farther  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  rnajesty's  courts  of  record,  wherein  no  esoign, 
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.  28.]  That  from  and  after  the  commencement  of  this  act,  in 
all  causes  wherein  any  claimer  shall  appear,  and  shall  not  make  good 


[4th  Sess.]         Province  Laws.— 1758-59.  189 

the  claim,  the  charges  of  prosecution  shall  be  born  and  paid  by  the 
said  claimer,  and  not  by  the  informer.  \_Passed  March  28  ;  *  published 
March  22,  1759. 


CHAPTER   20. 

AN   ACT    IN   FURTHER    ADDITION    TO    THE    SEVERAL    LAWS    NOW    IN  • 

BEING   FOR   THE    MORE    SPEEDY    FINISHING    THE    LAND-BANK    OR 
MANUFACTORY  SCHEME. 

"Whereas,  notwithstanding  the  several  laws  made  for  bringing  the  preamble. 
Laud-bank  or  Manufactory  Scheme  to  a  conclusion,  yet,  b}-  reason  of  tlie  1748.49, cimp. la. 
death  of  some  of  the  late  partners   in  said  sclieme,  the  insolvency  of  ^''°^-^'^''^^i=»p-2<. 
others,  the  removal  of  divers  of  them  out  of  the  province,  after  their 
having  sold  their  real  estates,  the  difliculties  that  have  occurred  in  mak- 
ing sale  of  the  real  estates  that  have  been  taken  in  execution,  together 
with  the  last  assessment,  which   was  lodged  in  the  secretary's  office, 
being  rcnd[e]red  invalid,  tliis  affair  as  yet  remains  unset [/]led,  to  the 
great  damage  of  all  concerned  ;  and  loliereas,  an  account  lias  been  taken,  1757-58, chap. 28. 
in  consequence  of  a  law  pass[e]'d  at  the  session  of  the  general  court 
in  March  last,  of  all  the   manufactory  bills  outstanding,  amounting  to 
about  nine  hundred  and  ninety-five  pounds  in  those  bills,  to  the  end 
that  an  assessment  might  be  made  for  the  drawing  in  said  bills  forth- 
with, and  thereby  putting  a  stop  to  the  interest  growing  thereon, — 

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

[Sect.  1.]     That  Thomas  Goldthwait  and  Nathan  [i]  [a] el  Hatch,  Comrniggioners 
Esq".,  be  commissioners  in  the  room  of  John  Jeffries,  Escp^.,  who  has  roomof^jdhu''" 
resigned,  and  of  John  Chandler,   Esq^^""^.,  who  declined   attendance  on  'I'^?'"'^;?,'""^,, 

, ,  .  ^  .  /.        ,  ■  .  .  ...  ,       John  Chandler, 

this  service  soon  after  Ins  appointment  to  receive  commission  from  the  Ksqs.;  and 
governour,  and  the  said  commissioners,  with  Samuel  Danforth,  Esq^^'^.,  tii^ir power, 
or  any  two  of  them,  after  the  said  Thomas  Goldthwait  and  Nathan- 
[i][aiel  Hatch  have  l)oen  duly  sworn  as  the  law  directs,  shall,  bv  virtue 
of  this  act,  have  as  full  power  in  all  respects  as  the  commissioners 
heretofore  by  law  appointed  for  adjusting  and  settling  the  affairs  of 
that  scheme  were  vested  with,  and  they  are  hereby  authorized  and 
directed,  as  soon  as  ma}-  be,  to  make  an  assessment  of  three  thousand 
pounds,  lawful  money,  on  such  of  those  persons  mentioned  in  a  list 
printed  in  the  sup[)lement  to  the  "  Boston  (Jazette,"  one  thousand  seven 
hundred  and  forty-five,  as  are  now  living  within  this  province,  whom 
the}'  shall  judge  of  ability  as  to  estate,  forthwith  to  pay  what  the}-  shall 
be  assessed,  and  to  [)roportion  the  same  among  them  as  agre[e]able  to 
the  rules  heretofore  observed  by  the  commissioners  as  may  be,  and  the 
assessment  so  made  the  said  commissioners  shall  immediately  after  the 
making  thereof  cause  to  be  published  in  the  Bosltm  weekly  newspapers, 
that  so  every  person  concerned  may  have  the  knowledge  thereof,  and 
have  opp[u][o]rtunity  to  pay  the  sum  assessed  on  them  respectively 
to  the  commissioners ;  and  if  any  person  so  assessed  shall  neglect  pay- 
ment [by]  \_for']  the  space  of  tliirty  days  next  alter  the  publication 
thereof,  the  said  commissioners  shall  forthwith  issue  their  executions 
against  such  deliiuiuent  and  their  estates  ;  which  execution  shall  be  in 
the  form  following ;  viz^'^., — 

•  In  the  governor's  b.indwriting. 


190 


Peovince  Laws. — 1758-59.  [Chap.  20.] 


Form  of  the  ex- 
ec utiou. 


Province  of  the  Mas- 
sachusetts Bay, 


Esq'- 


J  Commissioners  for  the  more  speedy  finishing  the 
Land-Bank  or  Manufactory  Scheme. 

To  the  sheriff  of  the  county  of  ,  his  under-sheriff  or  deputy. 

Greeting : 

Whereas  on  the  day  of  an  assessment  was  made 

by  us  on  divers  of  the  late  directors  and  partners  in  said  scheme,  and  after- 
wards published  in  the  public  newspapers  in  Boston  agre[e]  able  to  law, 
since  which  luore  than  thirty  days  have  elapsed,  in  which  A.  B.  of  C,  in  the 
county  of  E,,  a  late  partner  in  said  scheme  was  assessed  the  sum  of  , 

as  his  part  or  proportion ;  and  altho'  pu))lic  notice  has  been  given  of  said 
assessment  as  aforesaid,  yet  the  said  A.  B.  has  neglected  to  pay  the  same  to 
us.  You  are  therefore  hereby  required,  in  his  majesty's  name,  to  levy  of  the 
monies  of  the  said  A.  B.  the  sum  of  or  of  his  goods  and  chatt[le]  [eT]  s 

to  the  value  thereof,  and  pay  the  same  to  us  within  thirty  days  coming,  and 
lor  want  of  such  money  or  goods  and  chatt[le]  [eZJs  to  the  value  thereof, 
when  sold  at  an  outcry,  to  be  by  him  shewn  unto  you  or  found  within  your 
precinct,  you  are  hereby  commanded  to  ai^prehend  the  body  of  the  said  A. 
B.,  and  him  commit  unto  his  majesty's  goal  in  and  the  keeper 

thereof  is  hereby  commanded  to  receive  the  said  A.  B.  into  the  said  goal,  and 
him  safely  keep  until  [1]  he  shall  pay  the  full  sum  aforesaid,  with  your  fees. 
Hereof  fail  not,  and  make  return  of  this  precej^t  with  your  doings  into  our 
office  at  Boston  within  thirty  days  next  coming.  Given  under  our  hands 
and  seals  at  Boston,  the  day  of  A.  D.  ,  and  in  the 

year  of  his  majesty's  reign. 


Sheriffs,  &e.,  to 
evy  executious. 


Commissioners 
•when  eimbleJ  to 
redeem  bills  to 
give  notice. 


Commissioners 
empowered  to 
call  sheriffs,  &c., 
to  account. 


Bills  redeemed, 
the  commis- 
Bioners  empow- 
ered to  malie  a 
new  assessment, 
&c. 


174344,  chap.  17. 


And  all  sheriffs,  under-sheriffs  and  deputies,  and  wher-e  they  are  in- 
terested, all  coroners,  and  where  the  sum  exceeds  not  ten  pounds,  all 
constables  are  impovvered  to  serve  said  executions,  being  directed  to 
them. 

And  he  it  further  enacted^ 

[Sect.  2.]  That  the  said  commissioners,  or  the  major  part  of  them, 
as  soon  as  they  are  enabled  to  redeem  said  bills,  shall  give  notice  in 
the  said  weekly  newspapers  of  the  time  and  times  in  the  town  of  Bos- 
ton, when  and  where  they  will  attend  to  redeem  them,  which  public 
notice  being  inserted  in  all  the  wetkly  newspapers  printed  in  Boston 
six  weeks  successivel}-,  is  hereby  made  and  declared  a  legal  tender  to 
all  and  everj-  possessor  and  possessors  of  said  bills. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  said  commissioners  be  and  they  hereby  are  full}'' 
impowered  to  call  to  account  all  sheriffs,  deput3'-sheriffs,  coroners  and 
constables  who  have  received  warrants  heretofore  against  any  of  the 
said  directors  or  partners,  and  those  of  them  who  have  been  or  shall  be 
guilt}^  of  negligence  or  misfeazance  pursue  in  a  course  of  law  until[l] 
linal  issue  in  order  to  recover  damages,  to  which  they  are  hereby 
declai'ed  liable,  for  their  negligence  or  misfeazance. 

And  be  it  farther  enacted, 

[Sect.  4.]  That  so  soon  as  the  aforesaid  bills  shall  have  been 
redeemed,  the  said  commissioners  shall  proceed  to  make  another  assess- 
ment, as  equitabl}'^  as  may  be,  as  well  upon  such  of  the  partners  who, 
having  some  estate,  may  have  been  omitted  in  their  former  assessment, 
as  upon  the  real  estate  of  all  said  partners  who  are  deceased  or  removed 
out  of  the  province,  and  conveyed  away  their  said  estates  contrary  to 
an  act  or  law  of  this  province  made  in  the  seventeenth  year  of  his 
present  majesty's  reign,  intit[rt]led  "An  Act  for  the  more  speedy  tin- 
ishing  the  Land-bank  or  Mauuiactory  Scheme,"  and  to  proportion  the 
same  in  such  manner  according  to  the  laws  heretofore  made  relative  to 
said  scheme,  as  that  any  losses  or  charges  arisen  or  that  may  arise,  may 
be  born  b}'  the  persons  concerned  therein  as  equitably  as  may  be,  and 
shall  give  notice  thereof  as  in  this  act  is  directed  relating  to  the  other 
assessment,  to  the  end  that  the  tenants  in  possession  or  others  concerned 


[4Tn  Sess.]  Province  Laws. — 1758-59.  191 

may  be  dul}'  apprized  thereof,  and  may  pay  said  assessment ;  and  if 
neglect  be  made  of  payment  for  the  space  of  thirty  days  next  after  such 
notice  given,  the  said  commissioners  are  hereb}'  authorized  and  impow- 
ered  forthwith  to  sell  so  much  of  the  said  real  estate  which  did  belong 
to  such  delinquent  partner,  as  they  shall  judge  sufficient  to  answer  his 
said  assessment,  and  give  sufficient  deed  or  deeds  therefor,  first  giving 
notice  of  time  and  place  of  sale  thirty  days  beforehand  ;  and  upon  the 
executing  such  deed  or  deeds,  it  shall  l)e  lawful  for  the  vendee  or  ven- 
dees immediately,  and  without  other  process  in  the  law,  to  enter  into 
the  estate  so  conveyed,  and  to  hold  the  same,  the  conveyance  of  any 
such  partner  contrary  to  the  said  act  made  in  the  seventeenth  year  of 
his  present  majesty's  reign,  or  the  possession  of  any  such  tenant  or 
tenants  notwithstanding,  and  execution  shall  issue  against  the  aforesaid 
partners  who  have  been  omitted  in  their  former  assessment  in  manner 
and  form  as  is  provided  by  this  act. 

And  whereas  endeavours  have  been  used  to  discourage  and  prevent  rrcambic. 
persons,  otherwise  inclined  to  purchase,  from  bidding  for  estates  taken 
by  execution,  and  exposed  to  public[A:J  sale, — 

Be  it  therefore  further  enacted^ 

[Sect.  5.]     That  where  the  estate  of  any  of  the  late  directors  or  Directors' or 
partners,  taken  by  warrants  or  execution  from  the  commissioners,  hath  nor8oi"'i)^'''i)ub! 
or  shall  be  exposed  to  public[/t]  sale,  and  could  not  be  sold,  or  wherq  iic sale, &c, may 
the  highest  sum  bid  as  the  purchase  consideration  was  or  shall  be  but  Iilspolca LT 
of  trilling  value  compared  with  the  real  value  of  such  estate,  in  such 
case  it  shall  be  lawful  for  the  said  commissioners,  or  such  other  person 
or  persons  as  by  law  are  vested  with  authority  to  dispose  of  such  estate, 
to  convey  the  same  by  private  sale,  where  'tis  apprehended  that  said 
estate  may  be  so  vended  to  better  advantage. 

And  be  it  further  enacted, 

[Sect,  6.]  That  the  said  commissioners  shall  sit[t]  in  the  town  of  Commissioners 
Boston  for  th^e  accomplishing  those  affairs,  as  often  as  the}^  shall  judge  [own  o"  Boston 
necessary,  and  be  paid  for  their  service  what  this  court  shall  judge 
reasonable  ;  and  if  there  shall  be  a  surplus  in  the  hands  of  the  said 
commissioners  after  redeeming  said  bills  and  paying  all  losses  and 
necessary  charges,  the  said  commissioners  shall  divide  and  pay  the 
same  equitably  among  the  said  partners  who  shall  have  duly  paid  their 
said  assessments. 

And  be  it  further  enacted, 

[Sect.  7.]     That  all  persons  who  shall  purchase  any  of  the  lands  Persons  pur- 
afoi'esaid   from  the  s[aj]d  commissioners  or  sheriffs  shall  be  forever  fjomcommf^ 
excluded  and  debar[re]'d  from  bringing  any  action  or  actions  against  sioiH-rj.  &c., 
the  said  commissioners  or  sheriffs  upon  the  account  of  any  disturliance  bringing  ac- 
which  may  happen  to  the  said  purchasers  or  any  of  them  in  their  pos-  ^'""'''  ^°* 
sessions  or  titles  from  any  person  or  persons  whatsoever.     \_Passed 
March  28,  1759. 


CHAPTER   21. 

AN  ACT  FOR  THE  SPEEDY  LEVYING  OF   SOLDIERS  FOR  AN  INTENDED 
EXPEDITION  AGAINST  CANADA. 

WuEREAS  it  has  been  determined  b}'  the  votes  and  resolves  of  the  rrcumbie. 
general  assembly  of  this  province  that  five  thousand  men,  including 
officers,  should  be  raised  for  his  majesty's  general  service  this  present 
year,  over  and  above  the  garrison  at  Castle  William,  the  several  forts 


192 


Province  Laws.— 1758-59.  [Chap.  21.] 


General  muster. 


Chief  officer  to 
notify  tlie  same 
by  a  sergeant  or 
corporal,  either 
in  person  or  by 
leaving  a  notifi- 
cation at  the 
place  of  bis 
abode. 


Penalty  for  non- 
appearance. 


How  to  be  re- 
covered and  ap. 
plied,  &c. 


In  case  of  defi- 
ciency of  the 
quota  assigned 
any  company  or 
troop,  the  same 
to  bo  completed 
by  an  impress, 
&c. 


Ii^neB,howto  be 
disposed  of. 


Preamble. 


and  garrisons  on  the  eastern  and  western  frontiers,  and  such  inarching 
parties  as  may  be  necessary  for  the  defence  of  said  frontiers,  and  the 
seamen  necessary  for  the  ship  King  George  ;  and  whereas  provision 
has  already  been  made  by  the  assembly  aforesaid  for  raising  four  hun- 
dred of  said  five  thousand  men  ;  therefore,  for  the  effectual  levying  four 
thousand  six  hundred  men,  including  ofBcers,  being  the  remaining  part 
of  said  five  thousand  men, — 

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

[Sect.  1.]  That  on  the  sixth  day  of  April  next,  at  ten  of  the  clock 
in  the  forenoon,  there  shall  bo  a  muster  of  all  the  companies  of  horse 
and  foot  of  the  militia  of  this  province,  and  of  the  batteries  of  the 
towns  of  Boston,  Charlestown,  Marblehead,  Salem  and  Glocester,  and 
the  captain  or  chief  officer  of  each  of  said  companies  shall  immediately 
give  notice  thereof  by  a  sergeant  or  corporal  of  his  troop  or  company, 
to  each  person  belonging  to  the  same,  from  the  age  of  sixteen  to  sixty, 
and  not  by  the  law  of  this  province  exempt  from  attending  military 
exercises,  either  in  person,  or  in  case  of  his  absence  or  not  being  to  be 
found,  by  leaving  a  notification  in  waiting  at  the  place  of  his  abode  ;  and 
every  person  notified  in  either  of  the  ways  aforesaid  shall  punctually 
and  duly  attend  until  dismissed,  unless  unavoidably  prevented,  on  pen- 
alty of  forfeiting  and  paying  sixteen  pounds,  to  be  sued  for  and  recov- 
ered with  costs  of  suit,  by  the  clerk  of  the  troop  or  company  to  which 
such  delinquent  belongs  ;  and  if  such  delinquent  be  a  minor  or  servant, 
the  action  to  be  brought  against  and  penalty  recovered  of  his  parent  or 
master ;  one  third  of  said  penalty  to  be  for  the  use  of  said  clerk,  and 
the  other  two  thirds  shall  by  him  be  paid  into  the  hands  of  the  treas- 
urer of  the  town,  district  or  parish,  to  be  employed  in  hiring  men  into 
his  majesty's  service,  as  there  shall  be  occasion,  and  drawn  out  for  that 
purpose  by  the  captain  or  chief  officer  of  the  troop  or  company. 

[Sect.  2.]  And  in  case  any  troop  or  company,  being  warned  as 
aforesaid,  shall  not,  on  or  before  the  said  sixth  day  of  April  next,  at 
four  of  the  clock  in  the  afternoon,  have  made  up  the  dificiency  of  their 
enlistments  and  complcated  their  quota,  then  the  captain  or  chief  officer 
of  such  troop  or  company  shall  immediately  proceed  to  impress  or 
cause  to  be  impressed  so  many  able-bodied  men  as  shall  be  necessary 
in  order  to  compleat  his  quota  as  aforesaid ;  and  ever}''  person  so  im- 
pressed and  not  exempted  as  aforesaid,  shall  be  deemed  a  soldier  in  the 
service  into  which  he  was  inip-essed,  unless  he  shall  obtain  a  discharge 
in  writing  under  the  hand  of  the  captain  or  chief  oflflcer  of  the  company 
or  colonel  of  the  regiment  to  which  he  belongs,  or  from  the  commander- 
in-chief  of  the  province,  or  otherwise  shall  pay  to  the  captain  or  chief 
officer  of  the  troop  or  company  to  which  he  belongs  the  sum  of  eight 
pounds  within  one  hour  after  he  is  impressed,  to  be  disposed  of  in  hir- 
ing another  man  in  his  stead,  and  to  account  upon  oath  for  the  overplus, 
if  any  there  be,  to  be  paid  to  the  treasurer  of  the  town,  district  or  par- 
ish, to  be  employed  in  hiring  men  into  his  majesty's  service  as  there 
shall  be  occasion,  and  drawn  out  for  that  purpose  by  the  captain  or 
chief  officer  of  the  troop  or  company  ;  and  in  case  the  fine  or  fines  paid 
by  impressed  men  as  aforesaid  shall  not  be  sufficient  to  hire  able-bodied 
men  enough  to  make  up  the  quota  immediately,  such  captain  or  officer 
shall  proceed  to  impress  more  men  ;  and  in  case  of  their  paying  the 
fine  aforesaid,  or  being  discharged  as  aforesaid,  shall  go  on  without 
delay  to  impress  in  manner  aforesaid,  until  the  quota  be  compleated 
either  by  hiring  with  the  fines,  or  with  the  impressed  men  as  afore- 
said. 

And  whereas  many  persons  liable  to  train  and  do  militar}'  duty  may 
come  from  other  governments  into  this  province  to  avoid  doing  their 
duty  at  home,  and  others  who  are  inhabitants  within  this  province  may 


[4th  Sess.]         Pr.oviNci:  Laws.— 1758-59.  193 

strole  from  town  to  town  or  place  to  place  to  avoid  impresses,  and 
others  that  do  not  belong  to  any  particular  company, — 

Be  it  further  enacted, 

[Sect.  3.]     That  the  colonels  of  each  regiment,  captain  or  chief  Reeidcnu  or 
officer  of  any  troop  or  company  who  shall  be  in  want  of  men  to  com-  prised!  to  be 
jilcat  his  quota  after  ten  of  the  clock  in  the  forenoon,  on  the  sixth  day  deemed  soldier*, 
of  April  next,  may  impress  any  residents  or  strolers  within  his  district, 
being  persons  suitable  to  be  impressed,  though  the  same  persons  do  not 
belong  to  his  regiment  or  company  ;  and  such  persons  so  impressed 
shall  be  deemed  soldiers  in  the  service  :  unless  the^"  do  really  belong  to  Proviso, 
some  company  of  the  militia  within  this  province  that  shall  have  com- 
pleated  its  quota  before  the  said  sixth  day  of  April  next,  or  shall  be 
discharged  by  the  governour  or  commander-in-chief,  or  such  person  as 
he  shall  appoint  for  such  purposes  :  unless  he  doth  procure  some  able- 
bodied,  effective  man  to  the  acceptance  of  the  officer  who  impressed 
him,  or  to  the  muster  master,  who  shall  inlist  in  his  room,  on  or  before 
the  time  appointed  for  his  passing  muster. 

And  tuhereas  the  people  called  Quakers  alledge  a  scruple  of  conscience  Preamble, 
against  any  militar}'  service,  and  persist  in  their  neglect  or  refusal  to 
attend  on  military  musters, — 

Be  it  enacted, 

[Sect.  4.]     That  such  of  the  inhabitants  of  this  province  as  profess  Qaakersei- 
themselves  to  be  of  the  people  called  Quakers,  shall  be  and  hereby  are  ®™^^*  ' 
dechired  to  be  exempt  from  the  fines  and  forfeitures  for  not  attending 
on  military  musters,  and  for  not  attending  the  service  upon  an  impress, 
anything  in  this  act  to  the  contrar}'  notwithstanding. 

And  in  order  to  prevent  any  unequal  burthen  upon  any  company  in  Preamble, 
which  there  are  any  of  the  people  called  Quakers  liable  to  be  impressed, 
and  to  prevent  any  deficiency  in  the  whole  number  of  men  required  to 
be  raised  by  this  act, — 

Be  it  further  enacted, 

[Sect,  o.!     That  in  every  company  in  which  there  are  any  of  the  QuakoraiiaWe 
people  called  Quakers,  liable  to  be  impressed,  the  captain  or  chief  offi-  topay£i3  6«. 
cer  of  such  company  is  hereby  impowered  and  required  to  engage  and  ^'^•'  ^'^' 
employ  a  sum  not  exceeding  thirteen  pounds  six  shillings  and  eight- 
ponce  per  man,  in  order  to  hire  into  the  service  so  man}'^  men  as  by  this 
act  would  have  been  liable  to  bo  impressed  from  such  people  called 
Quakers,  in  a  due  proportion  to  the  other  part  of  the  compau}',  the 
sums  so  engaged  to  be  paid  out  of  the  public  treasury  upon  an  account 
thereof  exhibited  to  and  allowed  by  the  governor,  with  the  advice  and  con- 
sent of  the  council,  and  to  be  levied  in  the  next  tax-act  upon  the  people 
called  Quakers,  in  such  manner  and  proportion  as  shall  be  therein  ordered. 

And  be  it  further  enacted,  « 

[Sect.  C]  That  if  the  general  assembly  who  shall  pass  the  next  Treasurer  to  tax 
tax  act  shall  omit  therein  to  levy  the  aforesaid  sums  on  the  people  ^"' 
called  Quakers,  that  then  the  province  treasurer  shall  be,  and  he  hereby 
is  impowered  and  directed  to  add  the  said  sums  to  the  town  or  district's 
proportion  wherein  such  Quakers  live  respectively,  over  and  above  such 
town  or  district's  ordinary  proportion  of  the  province  tax,  distinguish- 
ing it,  however,  from  said  proportion,  that  so  the  respective  assessors 
of  said  towns  and  districts  may  assess  such  Quakers  for  the  same 
accordingly  as  aforesaid. 

And  be  it  further  enacted, 

[Sect.  7.]     That  the  captain  or  chief  officer  of  every  company  in  Colonels  to  flio 
each  regiment  within  this  province  that  shall  have  employed  an}'  sum  in%ecreiarV'»" 
or  sums  to  hire  persons  into  the  service  in  the  room  and  stead  of  the  office, 
people  called  Quakers,  in  consequence  of  this  act,   shall,  sometime 
before  the  twenty-fifth  day  of  May  next,  in  this  present  year,  prepare 


194 


Province  Laws.— 1758-59.  [Chap.  2].] 


penalty. 


Proviso. 


and  deliver  to  the  colonel  of  the  regiment  to  which  he  belongs,  a  list  of 
all  the  people  called  Quakers,  or  who,  under  a  pretence  of  a  scruple  of 
conscience,  absent  themselves  from  military  musters  within  the  re- 
spective districts  of  their  respective  companies,  specifying  in  such  list 
the  towns  of  which  each  and  every  such  person  is  an  inhabitant ;  and 
every  such  colonel  or  chief  officer  of  such  regiment  shall,  sometime  be- 
fore the  first  day  of  June  next,  retui-n  such  list  into  the  secretary's  office. 

[Sect.  8.]  And  every  captain  or  chief  officer  of  a  company  who 
shall  fail  of  preparing  and  delivering  such  lists,  shall  forfeit  and  pay  a 
sum  double  to  that  he  shall  receive  out  of  the  province  treasury  to  hire 
men  withal ;  one  moiety  thereof  to  his  majesty  for  the  use  of  the  prov- 
ince, the  other  moiety  to  him  or  them  that  shall  inform  and  sue  for  the 
same  ;  and  every  colonel  who  shall  neglect  or  refuse  to  deliver  into  the 
secretary's  office  within  the  time  aforesaid  the  several  lists  delivered 
him  by  the  officers  aforesaid,  shall  for  every  such  neglect  forfeit  and 
pay  the  like  sum,  to  be  recovered  in  manner  and  applj'ed  to  the  uses 
aforesaid :  provided,  that  nothing  herein  contained  shall  be  construed 
to  extend  to  the  inhabitants  of  Nantucket,  who  are  to  attend  and 
1758-59, chap.  23.  obscrvc  the  rulcs  and  directions  in  the  law  of  this  province,  relating  to 
the  inhabitants  of  that  island,  made  in  the  present  year  of  his  present 
majesty's  reign. 

And  he  it  further  enacted, 

[Sect.  9.]  That  if  at  any  time  before  the  men  raised  are  delivered 
over  to  the  officers  going  upon  the  expedition  aforesaid,  there  shall  be 
a  deficiency  in  any  troop  or  company  in  the  number  to  be  raised  therein, 
that  in  every  such  case  the  captain  or  commanding  officer  of  said  troop 
or  company  is  hereby  authorized  and  required  immediately,  by  impress, 
to  make  up  said  deficiency,  and  for  that  end  may  impi-ess  or  cause  to 
be  impressed  in  any  part  of  this  province  any  able-bodied,  effective 
man  or  men  belonging  to  his  troop  or  company  liable  to  be  impressed  ; 
and  every  person  that,  before  four  of  the  clock  in  the  afternoon  of  the 
sixth  day  of  April  next,  who*  shall  inlist  and  attend  the  service  afore- 
said, shall  be  deemed  part  of  the  quota  ordered  to  be  raised  out  of  the 
troop  or  company  whereunto  he  belonged  ;  and  every  stroler  or  stragler 
that  shall  be  impressed,  and  attend  the  service  as  aforesaid,  shall  be 
deemed  part  of  that  troop  or  company's  quota  whereunto  that  officer 
belongs  who  may  impress  him. 

And  he  it  further  enacted, 

[Sect.  lO.J  That  every  captain  or  commanding  officer,  sergeant  or 
corporal  that  shall  neglect  or  refuse  to  do  his  duty  by  this  act  required 
of  him,  shall  for  every  oflTence,  if  a  captain  or  commanding  officer,  for- 
feit and  pay  the  sum  of  thirty  pounds  ;  if  a  sergeant  or  corporal,  the 
sum  of  four  pounds,  to  be  recovered  by  any  person  who  shall  prosecute 
for  the  same,  either  by  action  of  debt  or  information  ;  one  third  of  said 
fine  or  forfeiture  to  be  for  the  use  of  said  prosecutor,  the  other  two 
thirds  to  be  lodged  in  the  hands  of  the  treasurer  of  the  town,  district 
or  parish  where  said  oflTender  lives,  to  be  drawn  out  for  the  use  and  pur- 
pose aforesaid,  and  no  other,  by  the  colonel  of  the  regiment  if  the  cap- 
tain or  commanding  officer  is  the  offender  ;  if  the  sergeant  or  corporal 
is  the  offender,  by  the  captain. 

And  whereas  the  great  scarcity  of  labourers,  which  will  be  the  natural 
consequence  of  raising  a  body  of  troops  within  tliis  government  for  his 
majesty's  service  this  piesent  year,  will  make  it  necessary'  that  those 
which  remain  at  home  be  not  called  off  from  their  labour, — 

Be  it  further  enacted, 

[Sect.  11.]  That  no  captain  or  chief  officer  of  any  foot  compan}'" 
shall  be  held  and  obliged  to  call  together,  instruct  or  emplo}'  his  com- 


Penalty  for  neg. 
lect  of  duty. 


Proviso  in  case 
of  an  alarm. 


Military  musters 
in  April,  &c.,  ex- 
empted. 


•  Sie. 


[4th  Sess.]  Province  Laws. — 1758-59.  195 

pany  in  railitarj'  exercises,  either  on  the  second  or  third  Mondays  in 
April  next,  the  first  Monday  in  May,  the  first  Tuesday  in  June,  the  last 
Monday  in  October  next,  and  the  Tuesday  following  the  same  Monday. 
And  no  captain  or  chief  officer  of  any  troop  of  horse  shall  be  held  or 
obliged  to  call  his  troop  together  either  on  the  second  or  third  Mondays 
of  April  next,  nor  on  the  last  Monday  of  October  next,  or  the  Tuesday 
next  following  the  same  Monday  ;  and  no  foot  soldier  or  trooper  shall 
be  liable  to  any  penalty  for  not  appearing  in  arms  on  either  of  the  days 
aforesaid. 

Provided  always, — 

And  it  is  hereby  declared, 

[Sect.  12.]     That  nothing  in  this  act  shall  be  construed  or  under-  ProrUo. 
stood  to  exempt  any  ofBcer  or  soldier  in  horse  or  foot  from  the  duties 
and  penalties  required  by  law  for  non-appearance  in  case  of  an  alarm 
on  either  of  the  days  aforesaid.     \^Passed  March  28*;  published  March 
14,t  1759. 


CHAPTER   22. 

AN  ACT  IN  ADDITION  TO  AN  ACT  INTITULED  "  AN  ACT  FOR  THE  SPEEDY 
LEVYING  OF  SOLDIERS  FOR  AN  INTENDED  EXPEDITION  AGAINST 
CANADA." 

Whereas  provision  is  already  made  by  law  for  the  oflJcers  of  the  Preamble, 
militia  speedy  raising  the  levies  agreed  by  this  government  for  the  in-  1758.59, chap. 21. 
tended  invasion  of  Canada,  but  unless  some  further  provision  be  made 
man}-  desertions  may  happen,  and  great  delay  and  inconveniencie  ma}^ 
arise  in  marching  the  men  so  raised  ;  for  prevention  whereof, — 

Be  it  enacted  by  the  Governour,  Council  and  Hoicse  of  Representatives^ 
That  if  any  officer  of  this  province  that  shall  have  received  a  com-  Penalty  for  ex- 
mission  and  engaged  in  said  service,  shall  refuse  to  obe}-  the  orders  notobcyin^or" 
given  him  b}'  the  captain-general  of  this  province,  or  his  commanding  ders,  &c. 
officer,  or  shall  not  duly  observe  the  same  by  punctually  attending  the 
militia  officers  to  receive  the  men  after  they  have  raised  and  mustered 
them,  or  not  march  them  as  directed  and  required  by  the  orders  given 
them  in  manner  as  aforesaid,  such  expedition  officers,  unless  unavoid- 
ably prevented,  for  such  oflence  committed  in  this  province,  shall,  if  a 
field  officer,  forfeit  and  pay  the  sum  of  one  hundred  pounds  ;  if  a  com- 
mission officer,  the  sum  of  fift}-  pounds,  to  be  recovered  by  action  or 
information,  the  one  moiety  to  him  that  shall  inform  or  sue  for  the 
same,  the  other  moiety  to  be  to  and  for  the  use  of  this  government. 
\_Passed  March  28  ;  jyublished  March  22,t  1759. 


CHAPTER    23. 

AN  ACT  SUBJECTING  THE  INHABITANTS  OF  THE  ISLAND  OF  NAN- 
TUCKET TO  AN  ASSESSMENT  TOWARDS  THE  CHARGE  OF  DEFENDING 
HIS  MAJESTY'S  TERRITORIES,  IN  LIEU  OF  THEIR  PERSONAL  SERVICE. 

WuEREAS  the  raising  of  men  for  his  majesty's  service  upon  the  island  Preamble, 
of  Nantucket[t],  within  this  province,  is  attended  with  very  great  diffi-  i"^^'J.<^=>p  32. 
culties,  b}'  reason  that  the  said  island  is  situated  at  a  considerable  dis- 

•  This  cliapter  was  jiassed  to  be  enacted  March  14,  but  the  record  shows  that  it 
was  not  signed  until  the  'JSth. 
t  According  to  the  printed  acts. 


196 


Pkovince  Laws.— 1758-59.  [Chap.  23.] 


Inhabitants  of 

Nantucket  to 
pay  into  the 
treasury  £13  6s. 
8(/.  for  cacti  man 
that  shall  be  as- 
signed  them  to 
raise. 


Not  to  extend  to 
those  who  are 
not  inhabitants 
of  the  island  of 
Nantucket. 

Sheriflfs  empow- 
ered to  impress 
any  such  who 
are  not  exempt. 
ed  by  law. 


Sheriff  to  give 
notice  to  the 
colonel,  &c. 


Such  men  to  be 
held  to  the  ser- 
vice as  if  im- 
pressed  by  the 
officor  of  the 
regiment  to 
which  they  be- 
long. 


Limitation. 


tance  from  any  other  part  of  the  province,  being  an  island  at  sea,  more 
than  thirty  miles  from  the  main  land,  and  the  greatest  part  of  the 
inhabitants  being  of  the  people  called  Quakers, — 

Be  it  therefore  enacted  hy  the  Governour,  Council  and  Souse  of 
Representatives, 

[Sect.  1.]  That  when  and  so  often  as  it  shall  be  found  necessary 
that  a  number  of  men  should  be  raised  in  the  several  towns  in  this 
province  for  his  majesty's  service,  and  the  quotas  of  such  men  assigned 
to  the  several  towns,  counties  or  regiment[s]  within  th[e][is]  province, 
the  inhabitants  of  the  said  island  of  Nantucket  shall  pay  into  the  public 
treasury  of  this  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  monies  shall  be  levied  and  collected  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  act. 

Provided,  nevertheless, — 

[Sect.  2.]  That  this  act  shall  not  be  construed  or  understood  to 
extend  to  any  persons  who  are  not  inhabitants  of  said  island  of  Nan- 
tucket, but  it  shall  and  may  be  lawful  for  the  sheriff  of  the  county  of 
Nantucket,  or  his  deputies,  and  they  are  hereby  severally  required,  to 
take  up  and  impress  all  such  able-bodied  and  effective  men,  who  are  not 
by  law  exempted  from  serving  his  majest}'  in  the  present  campaign,  who 
may  be  found  on  said  island,  at  any  time  before  the  levies  of  this  prov- 
ince for  the  same  are  compleated,  and  who  have  not  resided  on  said 
island  before  the  twenty-eighth  day  of  February  last,  and  who  shall  not 
appear  with  their  respective  regiments  at  the  general  muster  by  law 
ordered  to  be  held  on  the  sixth  day  of  April  next.  And  such  sheriff 
or  deputy  sheriff  shall  give  notice  to  the  several  colonel  [l]s  or  chief 
officers  of  the  regiment  in  the  county  of  Barnstable  of  all  men  thus 
impressed  by  them  or  either  of  them,  and  deliver  over  said  men  to  said 
colonels  or  to  such  officers  as  they  shall  appoint  to  receive  the  same,  or 
to  the  colonel  of  any  other  regiment,  or  to  such  officer  as  he  shall 
appoint  for  that  purpose,  whichsoever  of  them  shall  first  appear  to 
receive  said  men.  And  each  and  every  man  so  impressed  shall  be  held 
to  the  service  in  the  same  manner  as  if  he  had  been  impress'[e]d  by 
the  officer  of  the  regiment  to  which  he  belongs  :  unless  he  shall  procure 
an  able-bodied,  effective  man  in  his  room,  or  otherwise  be  excused  b}'' 
the  captain-general;  and  such  impress' [e]d  person  shall  be  accounted 
part  of  the  quota  of  the  regiment  and  of  the  company  in  such  regiment 
whereto  he  belongs  :  provided,  the  colonel  of  such  regiment,  or  his  offi- 
cer, or  any  other  person  whom  he  may  appoint  shall  be  timely  there  to 
receive  him. 

[Sect.  3.]  This  act  to  be  in  force  from  the  twentj'-second  day  of 
this  instant  March,  for  the  space  of  two  years,  and  no  longer,  [^Passed 
March  15  ;*  published  March  22,  1759. 


*  March  28,  according  to  tne  record. 


[4th  Sess.]  Province  Laws.— 1758-59.  197 


CHAPTER  24. 

AN  ACT  TO  ENABLE  THE  WIDOWS  OF  SUCH  NON-COMMISSION  OFFICERS 
AND  SOLDIERS  AS  SERVED  IN  THE  PAY  OF  THIS  PROVINCE  UNDER 
THE  GENERAL  AND  COMMANDER-IN-CH[EI][/E]F  OF  HIS  MAJESTY'S 
FORCES  IN  NORTH  AMERICA,  IN  THE  YEARS  17o7  AND  1758,  AND  ARE 
SINCE  DECEASED  INTESTATE,  TO  RECEIVE  THE  WAGES  DUE  TO  SUCH 
OFFICERS  OR  SOLDIERS  WITHOUT  ADMINISTRATION  UPON  THEIR 
ESTATES. 

Be  it  enacted  by  the  Govemo[u]r,  Council  and  House  of  Representa- 
tives,, 

[Sect.  1.]     That  it  shall  and  may  be  lawful  for  the  province  treas-  Trcasurorto 
urer,  and  he  is  hereby  directed  to  pay  to  the  widow  of  any  non-com-  non-mmmIs-° 
mission  officer  or  soldier  who  served  in  the  i)av  of  this  province  under  sion  offictTs  and 

.  1  ,        •         ir--ir-T^/>"L-  •      i.    >       /•  •       Boldicrs  the  pay 

the  general  and  commander-in-ch[ei][(fJf  of  his  majesty  s  forces  in  due,  &c. 
North  America  any  time  in  the  years  1757  and  1758,  and  since  deceased 
intestate,  the  wages  due  to  such  officer  or  soldier,  and  the  receipt  given 
by  such  widow  shall  be  a  discharge  to  the  province  treasurer,  and  such 
widow  shall  not  be  liable  to  any  action  or  suit  for  anj'  sum  received  by 
virtue  of  this  act.  • 

And  be  it  further  enacted, 

[Sect.  2.]  That  if  administration  shall  be  granted  upon  the  estate  Juices  of  pro- 
of  any  deceased  officer  or  soldier  whose  widow  shall  have  received  his  to  malTe'aii^w! 
wages  bv  virtue  of  this  act,  the  judge  of  probate  granting  such  adminis-  »"«■ '« i^e  wid- 

"  -'        ,,  •,,.,,.       t     •  "  ^1  J.      ows  of  non-com- 

tration,  shall,  and  he  is  hereb}-  required,  in  passing  upon  the  accounts  mission  officers 
of  the   ai^Biinistrator,  to  consider   and   have  regard   to   the   sum  so  and  eoidiers,  &c. 
received  as  an  allowance,  either  in  part  or  in  whole,  as  such  judge  shall 
think  proper,  of  the  necessar}^  implements  of  houshold  stuff  allowed 
by  law  to  widows  in  cases  where  provision  is  not  otherwise  made  for 
that  purpose.     [^Passed  March  15  ;*  published  March  22,  1759. 


CHAPTER   25. 

AN  ACT  TO  PREVENT  SOLDIERS  AND   SEAMEN  IN  HIS  MAJESTY'S  SER- 
VICE FROM  BEING  ARRESTED  FOR  DEBT. 

For  the  more  speedy  and  effectual  levying  of  soldiers,  and  to  prevent  Preamble, 
their  being  arrested  for  debt,—  nasll; cK-«. 

Be  it  enacted  by  the  Governonr,  Council  and  House  of  Representatives,  §§  n,  I's,  i9. 

[Sect.  1.]     That  no  person  who  is  or  shall  be  engaged  in  his  majes-  Soldiers  and 
ty's  service,  and  in  the  pay  of  this  province,  either  as  a  non-commission  m^j'^gtyWr'. 
officer,  private  soldier  or  seaman,  shall,  during  his  continuance  therein,  vio.Miotiiabio  to 
be  liable  to  be  taken  out  of  his  majesty's  service,  by  any  process  or 
execution,  unless  for  some  criminal  matter,  for  any  sum  under  the  value 
often  pounds  sterling,  nor  for  an}^  greater  sum,  until  oath  shall  be  Oatiito  bcmado 
made  b}'  the  plaintiff  or  plaintiffs  before  one  of  the  justices  of  the  uwe,'si^°^^^' 
court  out  of  wliich  the  execution  or  process  shall  issue,  or  before  two 
of  the  justices  of  the  peace,  quorum  tinus,  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,  the  sum  of  ten  pounds  sterling  at  least,  and  was  due  on  the 

*  March  28,  according  to  the  record. 


198 


Province  Laws.— 1758-59.    [Chaps.  26,  27.] 


?°fJaman  w  ^^^^  ^^^  ^^  March,  instant ;  and  every  non-commission  officer,  private 
to  be  discharged,  soldier  Of  Seaman,  whose  body,  contrary  to  the  intent  of  this  act,  shall 
be  arrested  by  mean  process  or  execution  after  his  engaging  in  said 
service,  may  and  shall  be  set  at  liberty  by  two  justices  of  the  peace, 
quorum  unus,  in  the  county  where  such  non-commission  officer,  private 
soldier  or  seaman  is  taken,  upon  application  made  by  him  or  his  supe- 
rior officer,  and  proof  of  his  being  entred  into  the  service  aforesaid. 

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

[Sect.  2.]  That  no  such  non-commission  officer,  private  soldier  or 
seaman  as  aforesaid  shall  have  his  person  exempted  from  arrests  for 
any  sum  or  sums  due  for  the  publick  taxes  for  the  year  one  thousand 
seven  hundred  and  fifty-eight,  anything  in  this  act  to  the  contrary  not- 
withstanding. 

[Sect.  3.]  This  act  to  be  and  continue  in  force  from  the  seventeenth 
day  of  March  instant,  to  the  first  day  of  November  next,  and  no 
longer.     \_Passed  March  17  ;*  published  March  22,  1759. 


Proviso. 


Limitation. 


•CHAPTEE  26. 

AN  ACT  PROVIDING  FOR  THE  SUPPORT  AND  MAINTAINANCE  OF  SUCH 
FRENCH  PRISONERS  AS  MAY  BE  TAKEN  OR  SENT  IN  BY  THE  PROV- 
INCE SHIP  KING  GEORGE. 


Preamble. 


Expense  of 
prisoners 
brougiit  or  sent 
in  by  the  prov- 
ince ship  King 
George  to  be 
paid  out  of  the 
produce  of  the 
prizes. 


Whereas  this  government  Avere  at  great  expence  in  supporting  such 
French  prisoners  as  were  in  and  belonged  to  the  several  prize  ships 
taken  by  the  ship  King  George  the  last  j'ear,  and  the  commander,  offi- 
cers and  seamen  belonging  to  said  ship  rec[ie][ei]ved  the  whole  benefit 
and  advantage  of  said  prizes  over  and  above  the  pa}^  allowed  them  by 
the  province,  and  as  it  is  but  just  and  reasonable  that  the  French  pris- 
oners taken  by  said  ship  King  George  should  be  maintained  out  of  the 
captures  made  by  her, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representatives, 
That  from  and  after  the  publication  of  this  act,  and  during  the  con- 
tinuance of  the  present  war  with  France,  the  whole  expence  of  the  sup- 
port and  maintainance  of  all  prisoners  brought  or  sent  into  this  province 
that  shall  hereafter  be  taken  by  said  ship  King  George,  privateers  ex- 
cepted, shall  be  paid  out  of  the  produce  of  the  prizes,  goods  or  effects 
taken  by  said  ship,  and  the  commander,  officers  and  seamen  belonging 
to  her  and  intitlecl  to  said  produce  shall  be  answerable  for  such  expence. 
'[Passed  March  14  ;*  published  March  22,  1759. 


CHAPTER    27. 


AN  ACT  FOR  FURTHER  CONTINUING  THE  ACT  [E][7]NTITULED  "AN  ACT 
PROVIDING  FOR  THE  RECEPTION  AND  ACCOM[iriODATION  OF  HIS  MA- 
JESTY'S FORCES  WITHIN  THIS  PROVINCE." 


Preamble. 


Whereas  an  act  made  and  passed  in  the  present  year  of  his  majesty's 
1768-59,  chap.  8.  reign,  intit[w]led  "  An  Act  providing  for  the  reception  and  accom[mio- 
dation  of  his  majesty's  forces  within  this  province,"  is  near  expiring, — 

*  March  23,  according  to  the  record. 


[4Tn  Sess.]  Province  Laws. — 1758-59.  199 

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

That  the  before  mentioned  act,  and  every  article,  clause,  matter  and  ah  matters  ana 
thing  therein  contained,  is  hereby  continued,  and  it  shall  be  and  remain  in'fi"^d'act't'o"be 
in  full  force  until  the  first  day  of  June,  one  thousand  seven  hundred  and  continued  tm 
fiftv-nine,  and  no  longer.     [^Passed  March  28 ;  published  March  22,*    "°"  '  ^^^" 
1759. 


CHAPTEK    28. 

AN   ACT   FOR  SUPPLYING  THE  TREASURY  WITH  THE   SUM  OF  FORTY- 
SIX  THOUSAND  POUNDS. 

Whereas  this  court  have  agreed  to  raise  four  thousand  six  hundred  Preamble, 
men  to  co-operate  with  his  majesty's  forces  for  the  reduction  of  Canada,  see  chap.  21, 
and  it  is  necessary  that  there  be  a  speedy  supply  of  money  for  the  levy-  *"'*•*"<*  "ot*- 
ing  and  cloathing  the  same, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representatives^ 
[Sect.  1.]  That  the  treasurer  of  this  province  be  and  he  hereby  is  Treasurer  em. 
directed  and  impowered  to  borrow  from  such  person  or  persons  as  shall  ?ow  £46,000!*°'' 
be  willing  to  lend  the  same,  a  sura  not  exceeding  the  sum  of  forty- 
six  thousand  pounds,  in  Spanish  mill'd  dollars,  at  six  shillings  each,  or  in 
coined  silver,  sterling  alloy,  at  six  shillings  and  eightpcnce  per  ounce  ; 
and  for  the  sum  so  borrowed,  the  treasurer  shall  give  a  receipt  and 
obligation  in  the  form  following  ;  viz^'^., — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  1759.  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 
herel)y  promise  and  oblige  myself  and  successors  in  the  office  of  treasurer, 
to  repay  the  said  or  order,  the  day  of  , 

one  thousand  seven  hundred  and  ,  the  aforesaid  sum  of  , 

in  coined  silver,  of  sterling  alio}-,  at  six  shillings  and  eightpcnce  per  ounce, 
or  in  Spanish  mill'd  dollars,  at  six  shillings  each,  with  interest  at  the  rate 
of  six  per  cent  per  annum. 

Witness  my  hand,  H.  G. 

— and  no  receipt  or  obligation  shall  be  given  for  less  than  six  pounds. 

And  be  it  farther  enacted, 

[Sect.  2.]     That  the  aforesaid  sum  of  forty-six  thousand  pounds, 
when  received  into  the  treasury,  shall  be  issued  out  by  the  governour 
or  commander-in-chief,  by  and  with  the  advice  of  the  council,  in  the 
manner  and  for  the  purposes  following;  viz"^'^.,  the  sura  of  thirty  thou-  £30.ooo  for  pay. 
sand  pounds,  part  of  the  said   sum  of  forty-six  thousand  pounds,  for  enU8ted"men? 
the  paying  the  bounty  to  the  men  that  shall  inlist  on  or  before  the 
sixth  day  of  April  next  for  the  expedition  against  Canada,  pursuant  to 
the  order  of  this  court ;  and  the  further  sum  of  nine  thousand  pounds,  £9,000  foi  com. 
part  of  the  aforesaid  sum  of  forty-six  thousand  pounds,  shall  be  applied  bur8emenu,*"&c 
for  the  payment  of  the  commissary's  disbursements  in  purchasing  neces- 
sar}'  sui)plics  for  the  forces  that  shall  go  in  said  expedition,  hiring  of 
vessels  and  transporting  goods  ;  and  the  further  sum  of  two  thousand  £2,000  for  pay. 
pounds,  part  of  the  aforesaid  sum  of  fort3--six  thousand  pounds,  shall  woiiuo"tiic  iv^" 
be  applied  for  the  payment  of  the  forces  that  were  sent  on  the  alarm  lufof  Fort  Wii- 
for  the  relief  of  Fort  William   Henry,  in  the  year  one  thousand  seven  ''""* '^'^^'"■>'- 
hundred  and  fifty-seven  ;  and  the  further  sum  of  two  thousand  pounds,  £2.000  for  hiring 
part  of  the  aforesaid  sum  of  forty-six  thousand  pounds,  shall  be  applied  ^/oaakers^""" 

•  According  to  the  printed  acts. 


200 


Province  Laws. — 1758-59. 


[Chap.  28.] 


1758-59,  (ihap.  21, 
§6. 


Tax  granted  of 
£50,000. 

£32,000  in  1759. 


£18,000  in  1760. 


Rule  for  appor- 
tioning  a  t;ix  in 
case  no  tax  act 
shall  be  agreed 


Fund. 


Notes  or  securi- 
ties  given  by  the 
treasurer  to  be 
discharged  out 
of  the  parlia- 


for  the  paj-ment  of  the  several  captains  of  the  militia  such  sums  of  money 
as  they  shall  employ  in  hiring  men  to  go  into  the  said  expedition  in  the 
room  of  Quakers,  pursuant  to  the  directions  of  an  act  made  in  the 
present  year  of  his  majesty's  reign,  intituled  "  An  Act  for  the  speedy 
levying  of  soldiers  in  the  intended  expedition  against  Canada  "  ;  and  the 
further  sum  of  three  thousand  pounds,  the  remaining  part  of  the  afore- 
said sum  of  forty-six  thousand  pounds,  shall  be  applied  for  the  payment 
of  the  billeting  of  the  men  that  shall  be  raised  for  said  expedition, 
until  they  shall  receive  the  king's  provision. 

And  as  a  fund  and  security  to  enable  the  treasurer  to  discharge  the 
obligations  by  him  given  in  pursuance  of  this  act, — 

Be  it  enacted, 

[Sect.  3.]  That  there  be  and  hereby  is  granted  to  his  excellent 
majesty,  a  tax  of  fifty  thousand  pounds,  to  be  levied  on  polls  and 
estates  within  this  province ;  and  that  thirtj^-two  thousand  pounds, 
part  of  the  aforesaid  sum  of  fifty  thousand  pounds,  according  to  such 
rules  and  in  such  proportions  as  shall  be  agreed  upon  and  ordered 
by  the  general  court  of  this  province  on  or  before  the  first  day  of 
October,  one  thousand  seven  hundred  and  fift3^-nine,  and  to  be  paid 
into  the  publick  treasury  on  or  before  the  second  day  of  June,  one 
thousand  seven  hundred  and  sixty  ;  and  the  sum  of  eighteen  thousand 
pounds,  the  remaining  part  of  the  said  sum  of  fifty  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  gen- 
eral court  at  their  sessions  in  May,  one  thousand  seven  hundred 
and  sixty,  and  to  be  paid  into  the  publick  treasury  on  or  before 
the  twentieth  day  of  June,  one  thousand  seven  hundred  and  sixtj^- 
one. 

And  be  it  furtJier  enacted, 

[Sect.  4.]  That  in  case  the  general  court  shall  not,  before  the  first 
day  of  October,  one  thousand  seven  hundred  and  fifty-nine,  and  before 
the  twentieth  day  of  June,  one  thousand  seven  hundred  and  sixt}-, 
agree  and  conclude  upon  an  act  apportioning  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  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. 

[Sect.  5.]  And  the  province  treasurer  is  hereby  fully  impowered 
and  directed,  sometime  in  the  month  of  October,  one  thousand  seven 
hundred  and  fifty-nine,  and  in  the  month  of  June,  one  thousand  seven 
hundred  and  sixty,  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,  and  for  their  respec- 
tive parts  and  proportion  of  the  sums  before  directed  and  engaged  to 
be  assessed,  to  be  paid  into  the  public [k]  treasury  at  the  aforementioned 
times ;  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  as  a  further  fund  to  enable  the  treasurer  to  discharge  the  receipts 
and  obligations  aforesaid  b}'  him  given  in  pursuance  of  this  act, — 

Be  it  further  enacted, 

[Sect.  6.]  That  when  the  treasurer  shall  receive  the  money  granted 
by  the  parliament  of  Great  Britain  to  this  province  in  the  year  one 
thousand  seven  hundred  and  fifty-eight,  who  is  hereby  fully  authorized 
and  impowered  to  receive  the  same,  or  any  part  thereof,  from  any  per- 


[4th  Sess.]  Province  Laws.— 1758-59.  201 

son  or  persons  that  shall  bring  the  same  into  tlie  government,  it  shall  "^jjljy  s'*"* 
be  applied  by  said  treasurer,  or  so  much  thereof  as  shall  be  needful,  for 
discharging  such  obligations,  with  the  interest  that  shall  be  due  thereon 
in  pursuance  of  tliis  act,  and  the  overplus,  if  any  there  be,  to  remain 
as  a  stock  ip  the  treasury. 

Provided,  always,  anything  in  tJiis  act  notwithstanding, —  Proviso. 

TSect.  7.1     That  in  case  the  raonev  aforesaid  shall  arrive  from  Great  incasetho 

_^'-.  -J,  .,.  ,  •.  .  i/.iir..    money  Bhoulil 

Britain,  and  be  received  into  the  province  treasury  on  or  before  the  first  be  roocivcd  on 
day  of  October,  one  thousand  seven  hundred  and  fifty-nine,  and  shall  firBrdayVf*" 
be  sufficient  to  repay  the  sums  engaged  for  by  virtue  of  this  act,  and  October, 
shall  be  sufficient  for  discharging  the  obligations  given  by  the  treasurer 
in  pursuance  of  this  act,  then,  and  in  such  case,  the  several  taxes  which 
otherwise  by  this  act  are  ordered  to  go  forth,  shall  be  and  hereby  are 
declared  to  be  null  and  void. 

[Sect.  8.]     But  if  the  sum  that  shall  be  received  from  Great  Britain  Farther  proviso, 
shall  not  be  sufficient  for  the  discharging  the  obligations  given  by  tlie 
treasurer  and  interest  thereon,  in  pursuance  of  this  act ;  then,  and  in 
such  case,  tlie  tax  or  taxes  ordered  by  this  act  shall  go  forth  only  for  a 
sum  to  make  good  the  deficiency.      \^Passed  March  26  ;*  published    ■ 
March  22,t  1759. 


CHAPTER   29. 

AX  ACT  FOR  GRANTING  UNTO  HIS  MAJESTY  AN  EXCISE  UPON  SPIRITS 
DISTILLED  AND  WINE,  AND  UPON  LIMES,  LEMMONS  AND  ORANGES. 

"We,  his  majesty's  mostloyal  and  dutiful[l]  subjects,  the  representatives  Preamble.  • 
of  the  province  of  the  Massachusetts  Ba^',  in  general  court  assembled, 
being  desirous  to  lessen  the  present  debt  of  the  province,  have  chear- 
fully  und  unanimously  granted,  and  do  hereb\'  give  and  grant  unto  liis 
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  lemraons,  limes  and  oranges,  to  be 
raised,  levied  and  collected,  and  paid  in  manner  and  form  following : — 

And  he  it  accordingly  enacted  by  the  Governo\_u']r,  Council  and  House 
of  Representatives, 

[Sect.  1.]     That  from  and  after  the  twenty-fifth  day  of  March,  one  Time  of  this 
thousand   seven   hundred   and    fifty-nine,   an(i   until  the   twenty-sixth  ance.*^°"""°' 
day  of  March,  one  thousand  seven  hundred  and  sixty,  every  person 
already  licenced,  or  that  shall  be  hereafter  licenced,  to  retail  rum  or 
other  spirits  distilled,  or  wine,  shall  pay  the  duties  following: — 

For  ever}'  gallon  of  rum  and  spirits  distilled,  eightpence. 

For  every  gallon  of  wine  of  every  sort,  twelvepence. 

For  every  hundred  of  lemmons  or  oranges  sold,  eight  shillings. 

For  every  hundred  of  limes  sold,  three  shillings. 
— And  so  proportionable  for  any  otlier  quantit}^  or  mimber. 

And  he  it  further  enacted, 

[Sect.  2.]  That  every  retailer  of  rum,  wine  or  spirits  distilled,  Areonntetobe 
taverner,  innholder  and  common  victualler,  shall,  on  the  twenty- 
sixth  day  of  March,  one  thousand  seven  hundred  and  fiftv-nine,  take 
a  just  and  true  account,  in  writing,  of  all  wine,  rum  and  spirits  distilled 
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 

•  March  M  according  to  the  record.  t  According  to  the  printed  acta. 


202  Province  Laws.— 1758-59.  [Chap.  29.] 

victualler  and  retailer  of  wine,  rum  or  spirits  distilled,  shall  take  a 
like  account  of  all  wine,  rum  and  other  spirits  distilled  by  him  or 
her,  or  in  his  or  her  possession,  at  the  time  of  such  licence  granted  ; 
and  that  every  taverner,  innholder,  common  victualler  and  retailer  of 
rum  or  other  spirits  distilleel,  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,  distill,  take  in  or  rec[ie][e?']ve 
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  collect  the  duties  aforesaid  the  whole  of  those  several  accounts, 
and  shall  also  make  oath,  in  the  form  following,  before  such  collector 
or  collectors,  who  are  hereby  impowered  to  administer  the  same : — 

Form  of  the  Tou,  A.  B.,  do  swear  that  the  account  by  you  now  rendered  is,  to  the 

*'^*^'  best   of  your  knowledge,  a  just  and   true   account   of    all    wines,    rum 

and  distilled  spirits,  you  had  by  you,  or  in  your  possession,  on  the  twenty- 
sixth  day'  of  March,  one  thousand  seven  hundred  and  fifty-nine,  and  also 
of  all  the  wine,  rum  and  other  distilled  spirits  bought,  distilled,  taken  in 
or  rec[ie][ei]ved  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 
believe  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  spirits,  or  liquor  for,  or  as,  rum 
or  distilled  spirits ;  or  that  there  hath  been  any  limes,  lemmci.s  or  oranges 
sold  by  you,  or  by  any  person  or  persons  for  or  under  you,  or  by  your 
order,  consent,  [or]  allowance  or  connivance,  used  in  making  punch,  or  other- 
wise for  sale,  since  the  said  twenty -fifth  day  of  March,  one  thousand  seven 
hundred  and  fifty-nine,  besides  what  is  contained  in  the  account  by  you 
now  rendered.    So  help  you  God. 

Penalty  for  col-  — and  every  collector  of  the  excise  who  shall  rec[ie][(?i]ve  any  account 
LTcount7with°°  from  any  person  in  consequence  of  this  act,  without  their  maldng  oath 
out  oath.  ^Q  ti-,e  gjimg  as  aforesaid,  shall  forfeit  and  pay  for  the  use  of  the  govern- 

ment the  sum  of  twenty  pounds. 
Oath  to  be  va.         [Sect.  3.]     And  for  every  person  that  was  not  licenced  on  the  same 
"''"^'  twenty-fifth  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  accounts  shall  be  inserted  and  used. 
Duties  to  the  [Sect.  4.]     And  cvcry  such  taverner,  innholder,  retailer  and  com- 

mon victualler  shall  pay  the  duties  aforesaid  to  him  or  them  that  shall 
collect  the  same,  or  the  whole  of  the  several  articles  mentioned  in  such 
account  rendered,  saving  only  for  such  part  thereof  as  remains  in  their 
Ten  per  cental,  hands  unsold :   provided,  nevertheless,  that  for  leakage,  &c.,  ten  per 
i^^wed  for  leak.    ^^^^  ^^^-^^  ^^  allowed  them  on  all  liquors  in  such  account  mentioned, 
besides  what  remains  in  their  hands  unsold. 
A7id  be  it  farther  enacted, 
Taverner,  &c.,         [Sect.  5.]     That  cvcry  pcrson  hereafter  licenced  to  be  taverner,  inn- 
to  give  bond.      y^qI^qy^  common  victualler  or  retailer  of  any  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 
and  order,  as  by  law  is  already  required,  but  shall  also  become  bound, 
with  sufficient  sureties,  by  way  of  recognizance,  to  his  majesty,  for  the 


collector. 


[4th  Sess.]  Province  Laws.— 1758-59.  203 

use  of  this  government,  in  a  sufficient  sura,  to  be  ordered  by  the  court 
that  grants  the  licence,  which  sura  shall  not  exceed  three  hundred 
pounds  nor  be  less  than  fifty  pounds,  conditioned  that  they  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  "rffand  r'ender^ 
accounts  as  by  this  act  are  required,  or  that  shall  neglect  or  refuse  ing account. 
to  take   the  oath   aforesaid,  shall    forfeit   and   pay,  to  hira  or  thera 
that  shall  collect  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,  lemmons  and  oranges  by  such  tav- 
erner, innholder,  common  victualler  or  retailer,  or  by  any  for,  by  or  under 
him  or  them,  sold,  used  or  consumeil  would  have  amounted  to  ;  and  no 
persons  shall  be  licenced  by  the  justices  of  the  general  sessions  of  the 
peace.who  have  not  accounted  with  the  collector,  and  paid  him  the  excise 
aforesaid,  due  from  such  person  at  the  time  of  his  or  her  taking  or 
renewing  his  licence. 

And  ivhereas,  notwithstanding  the  laws  made  against  selling  strong  Preamble, 
drink  without  licence,  many  persons,  not  regarding  the  penalties  of 
said  acts,  do  rec[ie][e/]ve  and  entertain  persons  in  their  houses,  and  sell 
great  quantities  of  spirits  and  other  strong  drink,  without  licence ;  by 
reason  wliereof  great  debaucheries  are  committed  and  kept  secret,  and 
such  as  take  licences  and  pay  the  duties  of  excise  therefor  are  greatly 
wronged,  and  the  government  thereby  defrauded, — 

Be  it  therefore  enacted, 

[Sect.  7.]  That  if  any  distiller,  importer  or  any  other  person  what-  Forfeiture  for 
soever,  after  the  said  twenty-fifth  day  of  March,  shall  presume,  licens?.^"^""* 
directly  or  indirectly,  to  sell  any  rum  or  other  distilled  spirits,  or  wine, 
in  less  quantity  than  twent3'-five  gallons,  or  any  beer,  ale,  cyder,  perry 
or  other  strong  drink,  in  any  quantity  less  than  ten  gallons,  without 
licence  first  had  and  obtained  frora  the  court  of  general  sessions  of 
the  peace  in  that  county,  and  recognizing  in  manner  as  aforesaid,  shall 
forfeit  and  pa}-  for  each  offence,  the  sum  of  four  pounds  and  costs  of 
prosecution,  two  thirds  for  the  use  of  the  government  and  the  other 
tiiird  for  the  prosecutor  ;  and  all  such  as  shall  neglect  or  refuse  to  pay 
the  fine  aforesaid,  shall  stand  closely  committed  in  the  common  goal 
of  the  county,  and  not  have  the  liberty  of  the  goaler's  house  or 
yard,  until[[]  said  sura  of  four  pounds  is  paid,  with  costs;  and  any 
goaler  giving  libert}-  contrary  to  this  act,  shall  forfeit  and  pay  the 
said  sum  of  four  pounds,  to  be  disposed  of  in  manner  aforesaid,  and 
costs  of  prosecution. 

And  ivhereas  some  doubts  have  arisen  whether  the  lending  or  deliver-  Preamble, 
ing  rum,  brandy  or  other  spirits  distilled,  or  wine  to  others,  for  their 
use,  upon  agreement  or  confidence  of  having  the  like  liquors  returned 
again,  be  a  sale  thereof;  wherefore,  for  removing  all  such  doubts, — 

Be  it  enacted, 

[Sect.   8.]     That  all  rum,  brandy  and  other  spirituous  liquors  and  Liquors  lent  or 
wine,  lent  or  delivered  toothers  for  their  use, upon  such  like  considera-  t.i!t'7cJn8i!iera!'' 
tion,  is,  and  shall  l)e  deemed  and  taken  to  be,  an  absolute  sale  thereof:  ^ons'obe 
and  that  every  person  not  licenced  as  aforesaid,  that  shall  order,  allow,  • ' 
permit  or  connive  at  the  selling  any  rum,  brandy  or  other  distiir[e]d 
spirits,  or  wine,  contrary  to  the  true  intent  and  meaning  of  this  act,  by 
his  or  their  child  or  children,  servant  or  servants,  or  au}^  other  person  or 
persons  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  afore- 
said pains  and  penalties  provided  against  such  oflfenders,  and  shall  be 


204 


Province  Laws.— 1758-59.  [Chap.  29.] 


Proviso. 


Preamble. 


Persons  not  li- 
censed supply- 
ing those  em- 
ployed by  them 
in  the  fishery, 
&c.,  with  spirit- 
uous liquors  to 
be  deemed  sell- 
ers. 


One  witness  suf. 
ficient  for  con- 
viction. 


Penalty  for  sell- 
ing strong  drink 
to  negroes,  mu- 
laltoes,  &c. 


recovered  in  like  manner :  provided^  that  if  it  shall  be  made  to  appear  that 
the  liquors  lent  or  delivered  as  aforesaid,  shall  have  had  the  duties  paid 
upon  them,  or  were  purchased  of  any  person  or  persons  having  licence 
or  permit,  the  person  lending  or  delivering  the  same,  as  aforesaid,  shall 
not  be  subject  to  the  aforesaid  pains  and  penalties. 

And  if/tereas  divers  other  persons  than  those  licenced  to  sell  rum  and 
other  distilled  spirits  by  retail,  have  heretoforesuppl[y]  [i]ed  persons  em- 
ploj'ed  by  them  in  the  fishery,  building  vessel  [l]s,  and  in  other  bu[i]s[i]- 
ness,  with  rum  and  other  liquors,  withoutpaying  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  selling  drink 
without  licence,  and  the  same  practice  will  probably  be  continued, 
unless  effectual  care  be  taken  to  prevent  the  same, — 

Be  it  therefore  farther  enacted^ 

[Sect.  9.]  That  all  persons  not  licenced,  as  aforesaid,  who  hereafter 
shall,  b}'  themselves,  or  by  another  person  or  persons  under  them,  or 
by  their  order,  allowance  or  connivance,  supply  any  person  or  persons 
employed  by  them  in  the  fishery,  building  of  vessel[l]s^  or  any  other 
bu[i]  s[i]  ness  or  employ,  with  rum  or  other  distilled  spirits,  or  wine,  shall 
be  deemed  and  taken  to  be  sellers  of  such  liquors,  and  be  subject  to 
the  aforesaid  pains  and  penalties  provided  against  persons  selling  any 
of  the  liquors  aforesaid  without  licence,  and  shall  be  recovered  in  like 
manner,  unless  they  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^ 

[Sect.  10. J  That  when  any  person  shall  be  charged  with  selling 
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,  any  justice  of  the  peace  in  the  same  county,  shall 
have  full  power  to  convene  such  persons  before  him,  to  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  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  person,  and  he  shall 
forfeit  in  like  manner  as  if  process  had  been  commenced  by  action 
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  he  it  further  enacted^ 

[Sect.  11.]  That  when  and  so  often  as  any  person  shall  be  charged 
with  selling  strong  drink  without  licence  to  any  negro,  Indian  or 
mollato  slave,  or  to  any  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  administred  to  him  or  her  by  the  court  or  justice  that  shall  try 
the  cause),  such  defendant  shall  forfeit  and  pay  four  pounds,  one  third 
to  the  informer,  the  other  two  thirds  to  the  collector  of  excise  for  the  use 
of  the  government,  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  [an]*  to  recover  costs. 


[4tii  Sess.]  Province  Laws.— 1758-59.  205 

And  be  it  further  enacted, 

[Sect.  12.]  That  if  any  person  or  persons  shall  be  summoned  to  Penalty  on  per. 
appear  before  a  justice  of  the  peace,  or  the  grand  jur}-,  to  give  evidence  give  cvfdonce.*** 
relating  to  an}' 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  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  jierson  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,  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  hai)pen  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  anj'  two  of  his  majesty's  justices  of  the  peace, 
quorum  unus,  and  sealed  up  and  delivered  into  court,  the  adverse  party 
hav[e]ing  first  had  notice,  in  writing,  sent  to  him  or  her,  of  the  time 
and  place  of  caption,  shall  be  esteemed  as  sulficient  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[l],  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[f], 
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  refus- 
ing to  give  his  or  her  evidence  before  the  grand  jury  or  court  aforesaid. 

And  be  it  further  enacted, 

[Sect.  13.]  That  all  fines,  penalties  and  forfeitures  arising  by  How  fines,  &c., 
this  act  shall  and  may  be  recovered  by  action  or  information,  before  cred.° 
any  court  of  record  proper  to  try  the  same ;  and,  where  the  sum 
forfeited  doth  not  exceed  four  pounds,  by  action  or  information  before 
any  one  of  his  majesty's  justices  of  the  peace  in  the  respective  coun- 
ties where  such  offence  shall  be  committed :  which  said  justice  is 
hereby  impower'[e]d  to  tr}'  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 
aggr[ei][te]ved  by  the  determination  of  said  justice,  liberty  of  appeal 
therefrom  to  the  next  court  of  general  sessions  of  the  peace  to  be  holden 
for  and  within  said  county,  at  which  court  such  offence  shall  be  finally 
determined  :  i^^^ovided,  that  in  the  same  appeal  the  same  rules  be 
observed  as  are  already  required  by  law,  in  ai)i)oals  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.  14.]     That  every  collector  shall  settle  all  acco[mp][wM]t3  Collector  to  set. 
relating  to  said  excise  in  the  several  towns  of  the  county  where  he  is    •-' '"='-""°'^- 
collector,  first  giving  seasonable  and  public[/t]  notice  of  the  time  and 
place  or  places  where  said  bu[i]s[t]ness  shall  be  transacted. 

And  be  it  further  enacted, 

[Sect.   15.]     That  there  be  one  or  more  collectors  in  each  county  Collectors  of  Uie 
appointed  by  the  general  court,  or  courts  of  general  sessions  of  the  powm-.ri.y'iile' 
peace,  where  it  shall  happen  that  such  collector  refuse  to  accept  said  gtnerui  court, 
ollice,  or  be  removed  by  death  or  fur  mismanagement,  to  take  charge 
of  this  duty  of  excise,  who  shall  have  full  i)ower  to  inspect  the  houses 
of  all  such  as  are  licenced,  and  of  such  as  are  suspected  to  sell  with- 


206 


Province  Laws.  — 1758-59.  [Chap.  29.] 


Form  of  the 
oath. 


Collectors  to 
give  two  receipts 
for  every  sum 
received. 


Collectors'  fees. 


Bond  to  be  given 
to  the  treasurer 
for  treble  the 
sum  that  the  ex- 
cise was  farmed 
for. 


Penalty  for  col. 
lectors  or  depu- 
ties  offending. 


out  licence,  which  collectors  shall  be  upon  oath  to  take  care  of  the  exe- 
cution of  this  law,  and  to  prosecute  the  breakers  of  it. 

[Sect.  16.]  And  every  collector  of  the  excise  in  an3'  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  collector,  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  collector  for  the 
better  collecting  the  duties  aforesaid,  or  prosecuting  offenders  against 
this  act ;  for  the  doings  of  such  deputies,  the  collectors,  respectively, 
shall  be  accountable. 

[Sect.  17.]  And  the  said  collectors  shall  carefully  examine  the 
accounts  of  every  licenced  person  in  their  respective  counties,  and 
demand,  sue  for,  and  receive  the  several  sums  due  from  them  by  this 
act,  and  shall  give  in  the  name  of  everj'  licenced  and  permitted  person, 
and  an  account  under  their  hands,  of  the  particular  sums  they  receive, 
and  of  whom  received,  unto  the  treasurer  upon  oath  ;  which  oath  the 
treasurer  is  hei*eby  impower'[e]d  and  directed  to  administer  in  the 
words  following  ;  vizi^'^ , — 

You,  A.  B.,  do  swear  that  this  is  a  just  and  true  account  of  the  excise 
upon  all  wines,  rum  and  distilled  spirits,  limes,  lemmons  and  oranges  by 
you  received  or  secured  to  be  paid  you  in  the  county  of  ; 

and  that  the  persons  by  whom  such  excise  was  paid  or  secured  to  be  paid  to 
you,  were  sworn  in  manner  and  form  as  by  law  is  prescribed.  So  help  vou 
God. 

[Sect.  18.]  And  at  the  time  of  receiving  any  money,  the  said  col- 
lector shall  give  two  receipts  of  the  same  tenor  and  date,  mentioning 
what  sum  or  sums  they  have  received  from  any  taverner,  innholder, 
common  victualler  or  retailer  ;  one  of  which  receipts  to  be  by  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  said  court  shall,  within 
twenty  da3-s  after  receipt  thereof,  transmit  the  same  to  the  treasurer  or 
receiver-general. 

[Sect.  19.]  And  such  collectors  shall  pay  in  to  the  public  treasury 
of  this  province  all  such  sums  as  they  shall  receive  within  six  months 
fjom  the  date  of  their  commission,  and  so  from  time  to  time  within 
the  space  of  six  months,  as  long  as  they  shall  continue  in  such  office, 
on  ])ain  of  forfeiting  the  reward  given  such  collectors  by  this  act,  who 
shall  be  allow'[e]d,  in  the  county  of  Suffolk,  one  and  a  half  per  cent; 
in  the  counties  of  Essex  and  Middlesex  and  Plymouth,  two  per  cent, 
and  in  the  other  counties,  three  per  cent  on  all  money  by  them  col- 
lected and  paid  into  the  treasury,  as  aforesaid  :  each  collector,  before 
he  enters  into  the  said  office  to  give  bond,  for  treble  the  sum  that  it  was 
farm[e]'d  for,  in  the  respective  counties,  in  the  year  one  thousand 
seven  hundred  and  fifty-seven,  to  the  treasurer  of  this  province,  for 
the  time  being,  and  his  successors  in  said  office  ;  which  bond  shall  be 
executed  before  the  next  court  of  general  sessions  of  the  peace  in  the 
respective  counties  after  such  appointment,  where  the  said  collectors 
live,  or  before  two  of  his  majesty's  justices  of  the  peace  in  the  respective 
counties,  one  to  be  of  the  quorum  (one  of  the  said  justices  to  return  the 
certificate  to  the  clerk  of  the  sessions  within  thirty  days  as  aforesaid) 
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  exe- 
cuted ;  and  the  said  treasurer  shall  put  in  suit  the  bonds  of  all  such 
collectors  who  shall  neglect  to  make  due  payment  within  fift}'  daj'S 
after  either  of  the  times  of  payment. 

And  he  it  further  enacted, 

[Sect.  20.]  That  in  case  any  collector  of  the  excise  as  aforesaid, 
or   his  deput}^  shall,  at  any  time  during  their  continuance   in   that 


[4th  Sess.]  Province  Laws.— 1758-59.  207 

office,  wittingly  and  willingly  connive  at,  or  allow  any  person  or  per- 
sons in  their  respective  divisions,  not  licenced  by  the  court  of  general 
sessions  of  the  peace,  their  selling  any  wine,  rum  or  other  liquors  by 
this  act  forbidden,  such  collector  or  deputy,  for  every  such  offence, 
shall  forfeit  the  sum  of  fifty  pounds  and  cost[.s]  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  collector  may  give  a  permit  to  any  person  to 
sell  rum  or  other  spirits  distilled,  or  wine,  in  quantity  from  twenty-five 
gallons  and  upwards,  agreeable  to  this  act. 

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

[Sect.  21.]  That  if  any  taverner  or  retailer  shall  sell  to  any  other  Proviso. 
taveruer  or  retailer  any  quantity  of  whatever  distilled  liquors  and 
wine,  such  taverner  or  retailer,  selling  as  aforesaid,  shall  not  l)e  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  hereby  is  required 
to  deliver  to  the  collector  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  spiritu- 
ous liquors  may  be  increased  and  raised  with  more  equality, — 

Be  it  enacted, 

[Sect.  22.]     That  from   and  after  the  twenty-fifth  day  of  IMarch,  Duties  to  be 
one  thousand  seven  hundred  and  fift^'-nine,  to  the  twenty-sixth  day  of  liquori^^ported 
March,  one  thousand  seven  hundred  and  sixty,  upon  all  rum  and  other  "fj^''*"'*^'''^'' 
distilled  spirits,  and  all  wine,  imported  and  manufactured,  and  sold 
for  consumption  within  this  province,  there  be  laid  and  hereby  is  laid 
the  dutv  of  excise  following;  viz^'^., — 

For  every  gallon  of  rum  and  si)irits  distilled,  eightpence  ; 

For  every  gallon  of  wine  of  every  sort,  one  shilling :  to  be  paid  to 
the  collector  of  excise,  or  his  deputy,  by  every  person  having  permit  to 
sell  the  said  liquors  in  each  county,  rcspectivel}'. 

And  he  it  farther  enacted, 

[Sect.  23.]  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  ['mponerf&c*, 
and  hereby  is  prohibited  from  selling  the  same,  or  any  part  thereof,  without  a  per. 
without  having  a  permit  so  to  do  from  the  collector  of  excise,  or  his 
deput}'.  And  ever}-  person  distilling  or  manufact[o][?<]ring  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  collector  of  excise,  or  his  deputy,  on  forfeiture  of 
fift}'  pounds,  and  of  the  value  of  the  liquors  so  sold  ;  and  the  said 
permit  shall  express  the  particular  county  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  other  county  not  mentioned  in  such  permit, 
he  shall  forfeit  four  pounds,  to  be  paid,  one  third  to  the  prosecutor,  and 
the  other  two  thirds  to  the  collector  for  the  use  of  this  government. 

Provided,  nevertheless, — 

[Sect.  24.]  That  the  impost  officer,  and  his  deputy,  shall  be  and  Proviso, 
hereby  are  respectively  impowcrcd  to  grant  a  permit  for  selling  the 
liquors  aforesaid,  or  any  of  them,  to  any  i)eison  a|)[)lying  for  the  same, 
until  [I]  a  collector  be  appointed  in  each  county,  respectively,  to  whom 
the  duty  or  excise  shall  be  paid  as  aforesaid,  and  until[l]  the  collector 
shall  give  public  notice  of  his  appointment  as  aforesaid.  And  the  said 
impost  ofDcer,   and  deputy,   shall  transmit  to  the  collector  of  each 


208 


Province  Laws.— 1758-59.  [Chap.  29. J 


Collector  apply- 
ing to  a  justice 
for  a  warrant, 
may  search  for 
liquors  snp- 
posed  to  be  con- 
cealed. 


Proviso. 


Persons  having 
permit  as  afore- 
said, to  render 
an  account  to 
the  collector  at 
the  end  of  every 
half  year,  sav- 
ing, &c. 


county  an  account  of  the  permits  by  each  of  them  respectively  gi-anted 
to  persons  living  in  such  county. 

And  be  it  further  enacted, 

[Sect.  25.]  That  if  the  said  collector  or  his  deputy,  shall  have  informa- 
tion of  any  place  where  any  of  the  liquors  aforesaid  shall  have  been  sold 
by  any  person  not  having  permit,  as  aforesaid,  he  may  apply  to  any  jus- 
tice of  the  peace  within  the  countj^  for  a  warrant  to  search  such  place, 
and  said  justice  shall  grant  such  warrant,  directed  to  some  proper  offi- 
cer, upon  said  collector  or  deputy's  making  oath  that  he  hath  had  inform- 
ation as  aforesaid,  and  that  he  hath  just  cause  to  suspect  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  collector,  or  his  deputy,  may,  in  the  daj^-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 
said  place,  and  finding  such  liquors,  may  seize  and  take  the  same  into 
his  own  custody ;  and  the  collector  aforesaid,  or  his  deputy,  shall  be 
and  hereby  is  impower'[e]d  to  command  assistance  and  impress  car- 
riages necessary  to  secure  the  liquors  seized  as  aforesaid ;  and  persons 
refusing  assistance  or  preventing  said  officers  from  executing  their 
office,  shall  forfeit  five  pounds  to  his  majesty,  for  the  use  of  the  prov- 
ince ;  and  the  said  collector,  or  his  deputy,  shall  make  reasonable  satis- 
faction for  the  assistance  afforded,  and  carriages  made  use  of,  to  secure 
the  liquors  seized  as  aforesaid  ;  and  the  collector,  or  his  deputy,  sljall  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  shop,  house, 
warehouse  or  distil[l]-house  where  the  same  were  seized,  to  appear  and 
shew  cause,  if  any  he  hath,  why  the  said  liquors  so  seized  should  not  be 
adjudged  forfeited  ;  and  if  such  owner  or  occupier  shall  not  shew  cause 
as  aforesaid,  or  make-  default,  the  said  liquors  shall  be  adjudged  for- 
feited, and  the  said  court  shall  order  them  to  be  sold  at  public  vendue,  and 
the  ne[t]  [a]t  produce  of  such  sale  shall  be  paid,  one  third  to  the  prose- 
cutor, the  other  two  thirds  to  the  collector  for  the  use  of  this  govern- 
ment. 

Provided, — 

[Sect.  26.]  That  if  the  liquors  seized  as  aforesaid  be  less  in  quan- 
tity than  one  hundred  gallons,  the  collector,  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  make  default  as  aforesaid,  he  shall 
adjudge  such  liquors  forfeited,  and  shall  order  them  to  be  sold  as 
aforesaid,  and  the  ne[t][ct]t  produce  of  such  sale  to  be  dispos'[e]d 
of  as  aforesaid :  saving  to  the  person  convicted  liberty  of  appeal,  he 
entring  into  recognizance  to  the  king,  for  the  use  of  the  province,  in 
the  sum  of  fifty  pounds. 

And  be  it  further  enacted, 

[Sect.  27.]  That  every  person  having  permit  as  aforesaid,  shall,  at 
the  end  of  each  half  year,  respectively,  from  the  twent3^-fifth  day  of 
March,  one  thousand  seven  hundred  and  fifty-nine,  be  ready  to  render 
to  the  collector  aforesaid,  or  his  deputy,  an  account,  on  oath,  of  all 
the  liquors  aforesaid  by  him  or  her,  or  by  any  person  or  persons 
in  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-fifth  day  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  family  have  been  consumed  or  expended 


[4th  Sess.]  Province  Laws. — 1758-59.  209 

within  each  half  year,  respectively:  which  account  shall  express  the 
nurahcr  of  gallons  of  each  kind  of  the  liquors  so  sold  and  consumed : 
and  shall  pa}'  therefor  to  the  said  collector  or  his  deputy  the  duty  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 
any  other  i)crsons  having  permit  as  aforesaid,  and  so  much  as  shall 
have  been  exported  out  of  this  province  ;  and  if  an}'  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  permit,  and  time  when  they 
purchased  the  same  ;  and  the  persons  accounting  shall  exhibit  a  certifi- 
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  was  purchased,  and  the  name 
of  the  town  and  county  wherein  such  licenced  or  permitted  person  lives, 
and  shall  lodge  the  said  certiticate  with  the  said  collector  or  his  deputy  ; 
and  for  the  quantity  of  said  liquors  mentioned  in  such  certificate,  the 
said  collector  or  his  deputy  shall  not  demand  any  duty,  but  shall  deliver 
said  certificate  to  the  collector  of  the  county  wherein  such  licenced  or 
permitted  persons,  signing  the  same,  lives  :  which  last-mentioned  collector 
or  his  deputy  shall  settle  with  such  licenced  or  permitted  person  for  the 
duty  aforesaid  which  may  be  due  from  him  or  her. 

[Sect.  28.]     And  if  any  person  having  a  permit  or  licence  as  afore-  Persons  having 
said,  shall  ship  or  export  any  of  the  liquors  aforesaid  out  of  this  province  fiuTto'give^an* 
in  a  quantity  not  less  than  thirty  gallons,  and  shall  make  an  entry  thereof  acL')unt  of  iiq- 
with  the  collector  aforesaid,  or  his  deputy,  and  shall  produce  to  such  sent  out  of  Uie 
collector  or  his  deputy,  when  lie  comes  to  settle  his  account  of  excise,  one  P"""^'""^"- 
of  the  receipts  or  bills  of  lading  given  therefor  by  the  master  of  the 
vessel[l]  on  board  which  such  liquors  shall  be  shipped  (or  if  it  shall  be 
carried  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  I)eing  shipped,  and  shall  lodge  such  receipt 
or  bill  of  lading  with  the  collector  or  his  deputy  aforesaid,  and  at  the 
same  time  shall  swear  that  such  liquors  are  bona  fide  sent,  or  intended 
to  be  sent,  out  of  the  province,  he  or  she  shall  not  be  held  to  pay 
thereon  the  duty  aforesaid. 

[Sect.  29.]     And  if  an}-  person  not  having  permit  or  licence  shall  Persons  not  hav- 
purchase  for  exportation  out  of  this  province  any  of  said  liquors  in  a  remfeV ITn  ac** 
quantity  not  less  than  thirty  gallons  of  a  person  having  permit  or  count,  &c. 
licence,  the  purchaser   shall  make    entry   with    the  collector    or    his 
deputy,  and  at  the  same  time  swear  that  such  liquors  are  bond  fide 
sent,  or  intended  to  be  sent,  out  of  this  province,  and   shall  within 
ten  days  after  shipi)iiig  the  same  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  }:)erson  of  whom  he  i)urchased  the  same   as  aforesaid, 
who  shall  pay  such  duty  to  the  collector  or  his  (lci)uty  ;    but  if  the 
purchaser  aforesaid  shall  deliver  such  receipt  or  bill  of  lading  as  afore- 
said, and  it  be  lodged  with  the  collector  or  his  deputy,  then,  for  the 
quantity  of  said  liquors  mentioned  therein,  the  collector  or  his  deputy 
shall  not  demand  an\'  duty. 

[Sect.  ;]u.]     And  if  llie  master  of  an}'  yessel[l],  or  any  other  person.  Penalty  for  mas- 
shall  give  such  certificate,  receipt  or  bill  of  lading,  without  receiving  the  givtng^mificato 
liquors  mentioned  therein,  or  if  any  person  shall  prociu'e  such  certili-  without  recciv- 
cate,  receipt  or  bill  of  lading,  with  design  to  defraud  the  government,   "*    ''   '*°°"' 
and   shall  be  thereof  convicted,  they  and  each  of  them  shall  forfeit 
and  pay  the  sum  of  one  hundred  pounds  ;  two  thirds  for  the  use  of 
this  government,  and  the  other  third  for  the  use  of  the  prosecutor. 


210  Province  Laws.— 1758-59.  [Chap.  29.] 

And  if  any  such  certificate,  receipt  or  bill  of  lading  shall  be  forged, 
counterfeited  or  altered,  the  person  forg[e]ing,  counterfeiting  or  alter- 
ing shall  incur[r]  the  penalty  of  one  hundred  pounds. 
Provided,  nevertheless, — 
Proviso.  [Sect.  31.]     That  the  person  having  permit  as  aforesaid,  shall  not 

sell  any  of  the  liquors  aforesaid  in  a  quantity  less  than  twenty-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  thiB 
former  part  of  this  act  laid  upon  those  persons  who  sell  the  liquors 
aforesaid  without  licence. 
Be  it  further  enacted, 
Collector  to  give      [Sect.  32.]     That  the  collector  aforesaid,  or  his  deputy,  when  the 
pe"a?t^y.'^  °°      exporter  shall  make  an  entry  with  him  as  aforesaid,  or  shall  make  an 
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. 
And  he  it  further  enacted, 
Persons  apply.        [Sect.  33.]     That  cvcry  person  applying  to  the  collector  or  his 
to^give  bo'nd.'"'    deputy.  Or  to  the  impost  officer  or  his  deputy,  for  a  permit,  shall  give 
bond,  for  the  use  of  this  province,  with  or  without  sureties,  in  a  sum 
not  exceeding  two  hundred  pounds,  nor  less  than  twenty  pounds,  at  the 
discretion  of  the  collector  or  impost  officer,  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  collector  or  impost  officer  until  [1]  he  hath  given 
such  bond. 
Preamble.  And  ivhereas  the  importer  of  any  of  the  liquors  aforesaid,  or  the 

person  to  whom  they  shall  be  consigned,  may  intend  the  same  either 
for  sale  or  for  his  or  her  own  private  consumption,  in  which  case  such 
importer  or  consignee  is  not  sufficiently  held  by  any  preceeding  part  of 
this  act  to  pay  the  duty  or  excise  aforesaid  ;  wherefore,  in  order  to  lay 
said  dut}'  or  excise  in  as  equal  manner  as  may  be, — 
Be  it  enacted, 
Persons  import-       [Sect.  34.]     That  cvcr}'  pcrson  that  shall  bring  or  import  into  this 
pnvatecon-"'     proviucc,  either  b}'  land   or  water    carriage,  any  of  the  liquors  afore- 
to  rciider'ao*'''     ^^^^  either  for  sale  or  private  consumption,  shall,  within  twenty-four 
count  thereof  to  hours,  pay  or  secure  to  the  collector  the  duties  or  excise  due  thereon; 
the  collector.       but  in  casc  such  importer  or  consignee  be  licenced  or  permitted,  then 
he  shall  be  held  only  to  report  the  same  to  the  collector  of  excise,  and  at 
the  end  of  each  half-year,  respectively,  shall  make  out  an  account  ex- 
pressing the  kind  and  full  quantity  of  the  liquors  aforesaid,  imported 
or  consigned  as  aforesaid  ;  and  when  the  account  is  rendered  to  the  col- 
lector or  his  deputy,  it  shall  be  upon  oath,  and  such  importer  or  con- 
signee shall  pay  to  the  said  collector  or  his  deput}',  on  the  liquor  or 
liquors   mentioned  in  said  account,  the   duty  of  excise  aforcs[ai]d, 
deducting  ten  per  cent  for  leakage  ;  and  in  case  of  failure  herein,  the 
offender  shall  pay  a  fine  of  four  pounds,  and  treble  duty  or  excise  on 
the  quantity  so  imported  or  brought  in,  one  third  of  which  shall  be  for 
the  use  of  the  province,  the  other  two  thirds  for  him  or  her  that  shall 
inform  and  sue  for  the  same. 
Collector  may  [Sect.  35.]     And  if  Said  collector  or  his  deputy  shall  have  reason  to 

]u'8Uces°fo7a  suspcct  any  person  of  bringing  or  importing  into  this  province,  either 
he  m'a"' ^'^'^^'t  ^^-^^  land,  or  water  carriage,  any  of  the  liquors  aforesaid,  without  having 
persons  giving  a  enter'[e]d  the  same  and  secured  the  duties  or  excise  aforesaid,  the 
faUe  account,  g^j^j j  collcctor  may  apply  to  two  of  the  next  justices  of  the  peace  to 
such  suspected  person,  and  within  the  county  where  he  lives,  and  on 
making  oath  that  he  so  suspects  such  person  said  justices  shall  issue  a 


[4th  Sess.]  Province  Laws.— 1758-59.  211 

process  under  their  bands  and  seals,  directed  to  the  sheriff  or  his 
deputy,  or  constable,  requiring  him  to  summons  such  suspected  person, 
and  oblige  him  to  give  security  to  the  amount  of  one  hundred  pounds, 
to  appear  and  answer  and  respond  the  judgment  that  shall  be  given  on 
the  premises  ;  and  in  case  such  person  shall  not  give  such  security,  to 
bring  him  before  such  justices  at  the  time  that  said  justices  in  such 
process  shall  appoint ;  and  when  the  parties  shall  be  before  them,  the 
said  justices  shall  examine  into  the  cause  of  complaint ;  and  if  it 
shall  appear,  either  by  confession  of  the  party,  or  by  the  evidence  of 
one  credible  witness,  that  he  or  she,  or  any  one  on  his  or  her  behalf,  has 
Imported,  or  has  had  au}^  of  the  liquors  aforesaid  consigned  to  him  or 
her,  without  having  entered  the  same  and  secured  or  paid  the  duty  or 
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,  or  give  security 
to  pay  the  aforesaid  fine  of  four  pounds,  and  treble  duty  or  excise  as 
aforesaid,  one  third  for  the  use  of  this  government,  the  other  two  thirds 
for  the  informer  and  prosecutor,  and  costs. 

[Sect.  3G  .]  And  said  justices  are  hereby  impowered  to  make  up  judg- 
ment and  award  execution  accordingly :  provided,  the  said  fine  and 
treble  damage  exceed  not  six  pounds,  then  said  justices  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  forfeit  fift}'  pounds,  one  third  for  the  use  of  the  prosecutor,  the 
other  two  thirds  for  the  use  of  this  government,  in  lieu  of  such  fine 
and  treble  duty,  to  be  recovered  as  is  hereafter  provided  in  this  act. 

[Sect.  37.]  And  if  no  confession  be  made  by  such  suspected  per- 
son, and  no  evidence  produced  as  aforesaid,  and  it  shall  appear  to  the 
justices  before  whom  the  same  is  tryed  that  there  is  sufficient  ground  of 
suspicion,  the  suspected  person  may  then  clear  him-  or  herself  from  the 
complaint  aforesaid,  by  taking  an  oath  in  the  form  following : — 

Tou,  A.  B.,  do  swear  that  you  have  not,  directly  or  indirectly,  either  by  your-  Form  of  tbe 
self,  or  any  person  iu  your  behalf,  imported  into  this  province  any  rum,  °^^^' 
spirits  distilled  or  wine,  and  that  you  have  not  had  any  of  said  liquors  directly 
or  indirectly  consigned  to  you,  but  wliat  you  have  paid,  or  secured  to  be 
paid,  the  duty  or  excise  agreeable  to  an  act  of  this  province,  made  in  the 
thirty-second  year  of  his  majesty's  reign,  intit[M]led  "An  Act  for  granting 
unto  his  majesty  an  excise  upon  spirits  distilled,  and  wine,  and  upon  limes, 
lemmons  and  oranges."     So  help  you  God. 

— which  oath  the  said  justices  are  hereby  impower'[e]d  and  required 
to  administer. 

[Sect.  38.]  And  if  such  suspected  person  shall  refuse  to  take  said  Penalty  for  re. 
oath,  and  shall  neglect  to  appear  upon  the  citation  aforesaid,  he  or  she  the'oath!'*  * 
shall  pay  the  cost  of  citation,  and  sliall  forfeit  the  sum  of  fift\'  pounds, 
one  third  for  the  use  of  the  prosecutor,  the  other  two  thirds  for  the  use 
of  this  government,  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  collector  or  his  deputy,  respectively,  W'ho  appl[y'][«>]d 
for  such  citation  or  warrant ;  who  shall  also  pay  to  the  person  cited  or 
apprehended,  and  taking  said  oath,  the  sum  of  twenty  shillings  ;  and 
in  case  any  person  shall  be  served  with  the  process  aforesaid,  in  man- 
ner aforesaid,  and  shall  not  appear  according  to  the  tenor  thereof,  said 
justices  shall  make  a  record  thereof,  and  the  security  taken  by  the 
sheriff  or  his  deputy,  or  constable,  as  aforesaid,  shall  be  deemed  for- 


212 


Province  Laws.— 1758-59.  [Chap.  29.] 


Collector  to 
grant  a  permit 
on  penalty. 


feited,  and  the  same  by  said  collector  may  and  shall  be  put  in  suit  in 
any  court  proper  to  try  the  same,  and  the  sum  recovered  shall  be  divided, 
one  third  to  his  majesty  for  the  use  of  this  province,  and  the  other  two 
thirds  to  such  collector. 

And  be  it  further  enacted, 

[Sect.  39.]  That  the  collector,  or  his  deputy,  shall  be  and  hereby 
is  obliged  to  grant  a  permit,  under  his  hand,  to  every  person  apply- 
ing 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 ;  vizl^'^., — 


Form  of  tbe  per- 
mit. 


Fee  for  a  permit. 


Collector  to 
keep  an  office  in 
eacb  seaport 
town,  &c. 


Preamble. 


Persons  import- 
ing liquors  as 
aforesaid,  to  give 
bund. 


You,  A.  B.  of  C,  in  the  6ounty  of  D.,  are  hereby  permitted  to  sell  rum  and 
other  distilled  spirits,  and  wine,  or  any  of  said  liquors,  wdthin  the  county  of 
,  until  the  day  of  ,  one  thousand  seven  hundred 

and  sixty,  pursuant  to  an  act  of  this  province,  made  in  the  thirty-second 
year  of  his  majesty's  reign,  intit[M]led  "  An  Act  for  granting  unto  his  majesty 
an  excise  upon  spirits  distilled,  and  wine,  and  upon  limes,  lemmons  and 
oranges."    Dated  at  C,  this  day  of  ,  175  . 

A.  B.,  collector  (or  deputy  collector)  of  excise  for  the  county  aforesaid. 

And  for  such  permit  the  said  collector  or  deputy  shall  be  [i]  [e]ntit[M]led 
to  rec[ie][ei]ve  twopence,  and  no  more  ;  and  the  like  sum  for  an  entry 
made  with  him,  and  the  like  sum  for  a  certificate  given  by  him. 

And  he  it  further  enacted, 

[Sect.  40.]  That  the  collector  of-  excise,  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  nine  o'clock  in  the  morning  to  twelve  at  noon,  to  grant  permits, 
rec[ie][ei]ve  entries,  give  certificates,  &c. 

Provided, — 

[Sect.  41.]  That  in  the  town  of  Boston  such  an  office  shall  be 
kept,  and  attendance  given  on  every  day.  Lord's  day  only  excepted, 
within  the  hours  aforesaid,  of  each  of  said  days,  respectively. 

Provided,  cdso, — 

[Sect.  42.]  That  the  said  collector  or  his  deputy,  on  application 
made,  shall  at  any  other  time  grant  permits,  rec[ie][ei]ve  entries,  and 
give  certificates  aforesaid. 

And  whereas  persons  not  belonging  to  this  province  may  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  collector,  and  by  that  means 
ma}^  avoid  paying  the  duty  upon  what  has  been  so  disposed  of;  for 
preventing  whereof, — 

Be  it  enacted, 

[Sect.  43.]  That  every  person  importing  the  liquors  aforesaid,  and 
applying  to  the  collector  or  his  deputy  for  a  permit  to  sell  the  same, 
shall  give  bond  to  said  collector  in  a  sum  not  exceeding  two  hun- 
dred pounds,  nor  less  than  twenty  pounds,  with  or  without  sureties, 
at  the  discretion  of  the  collector,  that  he  will  render  to  said  collector 
or  his  deputy  an  account,  on  oath,  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  person  shall  refuse  to  give  such 
bond,  the  said  collector  or  his  deputy  shall  not  be  obliged  to  grant  him 
a  permit,  anything  in  this  act  to  the  contrary  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  col- 


[4th  Sess.]  Province  Laws. — 1758-59.  213 

lector  may  bring  his  action  on  said  bond  against  the  surety  or  sureties, 
for  the  recovery  of  the  sura  in  such  bond  mentioned,  which  shall  be, 
one  third  for  the  use  of  the  prosecutor,  the  other  two  thirds  for  the  use 
of  this  government. 

Be  it  farther  enacted^ 

[Sect.  44.]     That  no  person  shall  be  exempted  from  any  military  Deputy  coiicct- 
dulies  by  means  or  on  account  of  his  being  appointed  a  deputy  collector  lirryd^uUes.""'" 
of  the  duties  of  excise  of  spirituous  liquors,  but  shall,  to  all  intents  and 
purposes,  be  liable  to  train,  be  impressed  ami  perform  every  other 
military  dutv,  as  if  such  person  had  not  been  appointed  a  deputy  col- 
lector as  aforesaid. 

Be  it  further  enacted, 

[Sect.  4''.]     That  all  persons  who  took  out  permit[t]s  in  the  pre- ah  persons  who 
ceeding  year,  and  do  not  renew  the  same,  shall,  at  the  end  of  each  half  iice„se'to'^u' 
year  from  and  after  the  twentv-sixth  day  of  March  next,  and  until  the  i'q"<>r». »"(! 

.11  n-.ri"  1  '     1  111  i-i        Bnall  not  renew 

twenty-sixlh  day  of  March,  one  thousand  seven  hundred  and  sixty,  tbe  B.-ime,  to  ac 
render  to  the  collector  or  his  deputy  that  shall  or  may  be  appointed  in  duties  Uiereof. 
the  respective  counties  by  virtue  of  this  act,  an  account,  on  oatli,  of  all 
liquors  remaining  in  their  hands  and  consumed  in  his,  her  or  their  fami- 
lies during  the  continuance  of  this  act,  and  pay  the  duties  herein  im- 
posed, deducting  ten  per  cent  for  leakage,  upon  penalty  of  fifteen 
pounds,  one  half  to  the  informer,  the  other  half  to  and  for  the  use  of 
this  province. 

Be  it  further  enacted, 

[Sect.  40.]  That  every  person  that  has  been  or  may  be  appointed  Collector  of  the 
collector  of  the  duties  aforesaid,  who  shall  import  into  this  province  or  to" account  for''^ 
shall  have,  by  consiu;nment  or  otherwise,  or  shall  sell  or  dispose  of  any  ai'wine,  &c., 

•    ■I... Ill-  1  ill  Bold  or  con- 

Wine,  rum,  or  spirits  distilled,  limes,  lemmons  or  oranges,  or  shall  use  sumed  by  them, 
or  consume  the  same,  such  collector  shall  take,  keep  and  render  a  like 
account  thereof,  upon  oath,  to  the  province  treasurer,  who  is  hereb}'  im- 
powered  to  administer  the  same  in  the  form  by  this  act  prescribed,  and 
pay  to  him  the  like  duties  thereon  as  such  person  so  appointed  collector 
would  otherwise  have  been  held  and  obliged  to  have  taken,  kept,  ren- 
dered and  paid  to  the  collector  of  the  duties  aforesaid  ;  and  that  the 
same  be  done  in  like  manner  and  time,  and  under  the  like  pains  and 
penalties,  as  b}'  this  act  in  such  cases  is  provided. 

Be  it  further  enacted, 

[Sect.  47.]      That  all  fines,    penalties   and  forfeitures,   arising  or  How  fines,  &c., 
accruing  by  any  breach  of  this  act,  and  not  otherwise  appropriated,  acriro  to  be  S«. 
shall  be,  two  thirds  to  his  majest}'-  for  the  use  of  this  government,  and  po^ed  of. 
the  other   third  for  the  use  of  the   prosecutor ;    to   be  recovered  by 
action  or  information  in  any  of  his  majesty's  courts  of  record.     [_Passed 
March  20;*  published  March  22,  1759. 


CHAPTER  30. 

AN  ACT  FOR  CONTINUING  THE  ACT  FOR  ESTABLISHING  AND  REGULAT- 
ING THE  FEES  OF  THE  SEVERAL  OFFICERS  ^VITHIN  THIS  PROVINCE. 

Be  it  enacted  by  the  Governo[u']r,  Council  and  House  of  Represent- 
atives, 

That  the  act  made  and  passed  in  the  thirtieth  )'earof  his  present  maj-  n56-57,chap.3o. 
esty's  reign,  intituled  "  An  Act  for  establishing  and  regulating  fees  of  ah  matters  in 

•'  o    '  »  »  o  the  afore.cited 

•  March  28  according  to  the  record. 


214  Province  Laws.— 1758-59.  [Chap.  30.] 

act  to  be  contin-  the  several  officers  within  this  province,"  and  every  clause  thereof,  and 

junel'iTsl?  **'    every  matter  and  thing  therein  contained,  be  and  hereby  is  and  shall 

be  continued  to  the  tenth  day  of  June  next,  and  from  thence  to  the 

end  of  the  then  next  session  of  the   general   court,  and  no  longer. 

^Passed  March  26;*  published  March  22t,  1759. 

•  March  28,  according  to  the  record.       t  Endorsement  on  the  engrossment. 


[5th  Sess.]  Province  Laws. — 1758-59.  215 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Eleventh  day  of  April,  A.  D.  1759. 


CHAPTER    31. 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTIT[r]LED  "AN  ACT  FOR  THE 
SPEEDY  LEVYING  OF  SOLDIERS  FOR  AN  INTENDED  EXPEDITION 
AGAINST  CANADA,"  MADE  IN  THE  THIRTY-SECOND  YEAR  OF  HIS 
PRESENT  MAJESTY'S  REIGN. 

Whereas  in  and  b}*  an  act,  intit[w]led  "  An  Act  for  the  speedj-^  levy-  Preamble, 
ing   of  soldiers,  for   an  intended   expedition    against   Canada,"   it  is,  nas-so.chap.ai, 
among  other  things,  enacted,  that  in  every  company  in  which  there  are  *  ^" 
any  of  the  people  called  Quakers,  liable  to  be  impressed,  the  captain 
or  chief  officer  of  such  company  is  therein  impowered  and  required  to 
engage  and  employ  a  sum,  not  exceeding  thirteen  pounds  six  shillings 
and  eightpence  per  man,  in  order  to  hire  into  the  service  so  many  men 
as  by  said  act  would  have  been  liable  to  l)e  impressed  from  such  people 
called  Quakers,  in  a  due  proportion  to  the  other  part  of  his  company, 
which  sum  of  thirteen  pounds  six  shillings  and  eightpence  is  found  by 
experience  to  be  insufficient  for  the  purpose  aforesaid, — 

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

That  the  captain  or  chief  officer  of  such  companies,  in  which  there  Captain  or  chief 
[^are']   any  of  the  people  called  Quakers,  be  hereby  impowered  and  ^®'^"om  "nics 
required,  on  or  before  the  seventeenth  day  of  May  next,  to  engage  and  aiiowe.i  to'a.i- 
employ  a  further  sum,  not  exceeding  five  pounds,  in  addition  to  said  diUoTi  I'o'i'ia'e*. 
sum  of  thirteen  pounds  six  shillings  and  eightpence,  for  the  purpose  in  sd.  already 
said  act  mentioned,  the  sums  so  engaged  to  be  paid  out  of  the  public  ^iringmen'^in 
treasury  upon  an  account  thereof  exiiibited  to  and  allowed  by  the  gov-  "''u  of  Qua^e™- 
ernour,  with  the  advice  and  consent  of  the  council,  and  to  be  levied  upon 
the  people  called  Quakers,  born   both  upon  train-band  and  alarm-list, 
in  such  manner  as  is  provided  in  said  act  for  levying  the  sum  of  thir- 
teen pounds  six  shillings  and  eightpence  per  man.     [Passed  April  24  ; 
published  April  25,  1759. 


CHAPTER    32. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  Vl^ITH  THE  SUM  OF  TWENTY- 
TWO  THOUSAND  POUNDS. 

Whereas  this  court  have  agreed   to  raise  the   further   number  of  Preamble, 
fifteen  hundred  men    by  inlistment,  to  co-operate  with  his  majesty's 


216 


Province  Laws.— 1758-59.  [Chap.  32.] 


Treasurer  em- 
powered to  bor- 
row  £22,000. 


forces  for  the  reduction  of  Canada,  and  it  is  necessary  that  there  be  a 
speedy  supply  of  money  for  the  levying  and  cloathing  the  same, — 

Be  it  enacted  by  the  Governo[u]r^  Council  and  House  of  Represent- 
atives^ 

[Sect.  1.]  That  the  treasurer  of  this  province  be  and  he  hereby  is 
directed  and  impowered  to  borrow  from  such  person  or  persons  as  shall 
be  willing  to  lend  the  same,  a  sum  not  exceeding  twenty-two  thousand 
pounds,  in  Spanish  mill'd  dollars,  at  six  shillings  each,  or  in  coined 
silver,  sterling  alloy,  at  six  shillings  and  eightpence  per  ounce. 

[Sect.  2.]  And  for  the  sum  of  nine  thousand  pounds  so  borrowed, 
the  treasurer  shall  give  a  receipt  and  obligation  in  the  form  following ; 
vizf'3.,_ 


Form  of  treas-        Province  of  the  Massachusetts  Bay,  the  day  of  ,1759. 

urer's  receipts.    ]gg(jeived  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  second  day  of  June,  one 

thousand  seven  hundred  and  sixty,  the  aforesaid  sum  of  , 

in  coined  silver,  of  sterling  alloy,  at  six  shillings  and  eightpence  per  ounce, 
or  in  Spanish  mill'd  dollars,  at  six  shillings  each,  with  interest  at  the  rate 
of  six  per  cent  per  annum. 

Witness  my  hand,  H.  G. 

[Sect.  3.]     And  for  the  remaining  sum  of  thirteen  thousand  pounds 
the  treasurer  shall  give  a  receipt  and  obligation  in  the  form  following ; 

vizW.,_ 


£20,000  for 
bounty  to  en- 
listed men  and 
recruiting  offi- 
cers. 


Tax  granted  of 
£24,100. 


Province  of  the  Massachusetts  Bay,  the  day  of  ,  1759. 

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  second  day  of  June,  one 

thousand  seven  hundred  and  sixty-one,  the  aforesaid  sum  of  , 

in  coined  silver,  of  sterling  alloy,  at  six  shillings  and  eightpence  per  ounce, 
or  in  Spanish  milPd  dollars,  at  six  shillings  each,  with  interest  at  the  rate  of 
six  per  cent  per  annum. 

Witness  my  hand,  H.  G. 

— and  no  receipt  or  obligation  shall  be  given  for  less  than  six  pounds. 

And  he  it  further  enacted^ 

[Sect.  4.]  That  the  aforesaid  sum  of  twenty-two  thousand  pounds, 
when  received  into  the  treasury,  shall  be  issued  out  by  the  governor  or 
commander-in-chief,  by  and  with  the  advice  of  the  council,  in  the  manner 
and  for  the  purposes  following  ;  viz"^'^. :  The  sum  of  twenty  thousand 
pounds,  part  of  the  said  sum  of  twenty-two  thousand  pounds,  for  the 
paying  the  bounty  to  the  men  that  shall  inlist  on  or  before  the  tenth 
day  of  May  next  itbr  the  expedition  against  Canada,  as  also  the  allow- 
ance voted  by  this  court  to  recruiting  officers,  pursuant  to  grants 
that  are  or  shall  be  made  by  this  court ;  and  the  further  sum  of  two 
thousand  pounds,  part  of  the  aforesaid  sum  of  twenty-two  thousand 
pounds,  shall  be  applied  for  the  payment  of  the  commissary's  disburse- 
ments in  purchasing  necessary  supplies  for  the  forces  that  shall  go  in 
said  expedition,  hiring  of  vessels  and  transporting  goods,  pursuant  to 
grants  for  that  purpose  which  are  or  shall  be  made  by  this  court. 

And  as  a  fund  and  securit}^  to  enable  the  treasurer  to  discharge  the 
obligations  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  twenty-four  thousand  one  hundred  pounds,  to  be 
levied  on  polls  and  estates  within  this  province  ;  and  that  nine  thousand 


[5th  Sess.]  Province  Laws.— 1758-59.  217 

five  hundred  and  forty  pounds,  part  of  the  aforesaid  sum  of  twenty-four 
thousand  one  hundred  pounds,  be  levied  on  the  several  towns  and  dis- 
tricts within  this  province,  according  to  sucli  rules  and  in  sncli  propor- 
tions as  shall  be  agreed  upon  and  ordered  b}-  the  general  court  of  this 
province  on  or  before  the  first  da}*  of  October,  one  thousand  seven  hun- 
dred and  fift3'-nine,  and  to  be  paid  into  the  public[k]  treasury  on  or 
beCore  the  twentieth  day  of  A[)ril,  one  thousand  seven  hundred  and 
sixty  ;  and  the  smn  of  fourteen  Uio.usand  five  hundred  and  sixty  pounds, 
the  remaining  part  of  said  sum  of  twenty-four  thousand  one  hundred 
pounds,  according  to  such  rides  and  in  such  proportions  on  the  several 
towns  and  districts  aforesaid,  as  shall  be  agreed  on  and  ordered  by  the 
general  court  in  their  sessions  in  May,  one  tliousand  seven  hundred  and 
sixty,  and  shall  be  paid  into  tlie  publick  treasury  on  or  before  the  last 
day  of  March,  one  thousand  seven  hundred  and  sixty -one. 

And  be  it  further  enacted, 

TSect.  6.1     That  in  case  the  general  court  shall  not,  before  the  first  K"'?  for  appor. 

L  -I  ~  '  tioninff  the  lux 

day  of  October,  one  thousand  seven  hundred  and  fifty-nine,  and  before  in  case  no  tax 
their  sessions  in  INIay,  one  thousand  seven  hundred  and  sixt}',  and  in  ngrced  om'^ 
their  sessions  in  May,  sometime  before  the  twentieth  of  June,  one  thou- 
sand seven  hundred  and  sixt}',  agree  and  conclude  upon  an  act  appor- 
tioning 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  tliis  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  b}'  the  general  court  in  the  tax  act  then  last  preceeiling. 

[Sect.  7.]  And  the  province  treasurer  is  hereby  fully  impowei'ed 
and  directed,  sometime  in  the  month  of  October,  one  thousand  seven 
hundred  and  fifty-nine,  and  in  the  month  of  June,  one  tliousand  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  parts  and 
proportion  of  the  sums  before  directed  and  engaged  to  be  assessed,  to 
be  paid  into  the  public[l<]  treasury  at  the  aforementioned  times  ;  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  whereas,  hural)le  trust  and  dependance  is  had  by  the  general 
assembly  on  a  reimbursement  of  the  charges  arisen  on  account  of  the 
expedition  in  one  thousand  seven  hundred  and  fifty-eight, — 

Be  it  further  enacted, 

[Sect.  8.]     That   in  case  such  reimbursement  be   made,  and  the  Proviso  in  case  a 
money  shall  arrive  from  Great  Britain,  and  be  received  into  the  prov-  ^nw'r"ho"ud  bo 
ince  treasury  on  or  before  the  first  day  of  October,  one  thousand  seven  ^'J.'''^.'^'! ""  °^  . 
hundred  and  fift3--nine,  and  be  sufficient  for  discharging  the  obligations  October,  1769. " 
given  b}-  the  treasurer  in  pursuance  of  this  act,  then,  and  in  sucli  case, 
the  several  taxes  which  otherwise  by  this  act  are  ordered  to  go  forth, 
shall  be  and  hereby  are  declared  to  be  null  and  void. 

[Sect.  9.]  And  if  the  sum  that  shall  be  received  from  Great 
Britain  shall  not  be  sufficient  for  the  discharging  the  obligations  given 
b}'  the  treasurer  and  interest  thereon,  in  pursuance  of  this  act ;  then, 
and  in  such  case,  the  tax  or  taxes  ordered  by  this  act  shall  go  forth  for 
a  sum  to  make  good  the  deficiency,  and  for  such  sum  onl^'.  [^Passed 
April  24  ;  published  April  25,  1759. 


218 


Province  Laws.— 1758-59.  [Chap.  33.] 


CHAPTER    33. 


1693-4,  chap.  7. 

Proprietors  of 
lands  agreeing 
to  improve  the 
same  in  one  com- 
mon  inclosure, 
empowered  to 
make  rules  for 
the  improve- 
ment of  the 
same,  &c. 


Proviso. 


Limitation. 


AN  ACT  IN  ADDITION  TO  AN  ACT  INTITULED   "  AN  ACT  FOR  REGULAT- 
ING OF  FENCES,  CATTLE,  &c." 

Be  it  enacted  by  tlie  Governolu]!'^  Council,  and  House  of  Representor 
fives, 

[Sect.  1.]  That  when  and  so  often  as  the  proprietors  of  certain 
tracts  of  land,  so  situated  as  that  thej-  have  or  do  agree  to  improve  the 
same  in  one  common  inclosure,  they  shall  have  it  in  their  power,  by  a 
major  vote  of  the  said  proprietors,  legally  met  (the  votes  to  be  reckoned 
according  to  the  interest  of  each  voter),  to  make  such  rules  relating  to 
the  securing  and  improvement  of  the  same,  as  they  shall  think  just  and 
equitable ;  and  for  that  end,  said  proprietors  shall  annually  meet 
together  sometime  in  the  month  of  May  this  year,  and  in  the  month  of 
March  in  future  years,  during  the  continuance  of  this  act ;  and,  for  the 
calling  said  meetings,  any  one  of  the  proprietors  of  such  tracts  of  land 
may  apply  to  a  justice  of  the  peace,  by  a  request  in  writing,  under  his 
hand,  setting  forth  the  ends  and  business  of  such  meeting ;  such  justice 
is  hereby  required  and  authorized  to  issue  a  warrant  to  said  proprietor, 
directing  him  to  post  up  a  notification,  in  writing,  in  some  publick  place 
in  the  town  where  said  land  lays,  fourteen  days  before  the  time  ap- 
pointed for  said  meeting,  setting  forth  the  time,  place,  ends,  and  pur- 
poses of  said  meeting,  which  shall  be  a  legal  warning.  And  all  votes 
passed  by  the  proprietors  then  present  relative  to  the  matters  and 
things  contained  in  said  notification,  and  entred  in  a  book  by  the  pro- 
prietor that  called  the  meeting,  he  being  under  oath  for  that  purpose, 
shall  be  binding  upon  all  the  proprietors. 

Provided,  nevertheless, 

[Sect.  2.]  That  when  and  so  often  as  One  or  two  men  shall  own  the 
greater  part  of  the  lands,  [i][e]nclosed,  as  above  expi-essed,  and  he  or 
the}'  shall  pass  such  vote  or  votes  at  any  meeting,  as  the  minor  part  of 
said  proprietors  do  not  agree  to,  the  said  minor  part  of  said  proprtetors 
may  apply  to  two  justices  of  the  peace,  quorum,  umis,  within  the  county 
in  which  such  land  l[y][i]es,  for  process,  which  justices  are  hereby 
authorized  to  issue  a  writ  of  summon,  directed  to  the  proprietor  or 
proprietors  who  passed  such  vote  or  votes,  requiring  him  or  them  to 
appear  before  the  said  justices  fourteen  days  after  the  date  of  said  sum- 
mon ;  and  the  said  justices  are  hereby  authorized  and  impowered  to 
hear,  examine,  and  enter  final  judgment  concerning  the  matter  in  con- 
troversj',  and  award  a  writ  of  execution  upon  such  judgment,  returnable 
to  them  in  thirty  days  from  the  date  thereof.  And  in  case  any  of  the 
proprietors  shall  neglect  seasonably  and  sufl3ciently  to  make  up  his  part 
of  fence,  he  shall  be  liable  to  the  penalty  by  law  provided  to  enforce  the 
proprietors  of  common  fields  to  make  and  maintain  their  fences  ;  and 
in  case  any  proprietor  turn  stock  into  said  inclosure  before  the  day 
agreed  upon  by  the  vote  of  the  proprietors,  or  shall,  after  that  day,  turn 
in  more  stock  than  his  proportion,  he  shall  be  deemed  a  trespasser,  and 
his  creatures  so  put  in  shall  be  proceeded  with  by  any  of  the  proprietors 
as  creatures  taken  damage  feasant  to  all  intents  and  purposes,  as  much 
as  tho'  he  owned  no  lands  in  said  inclosure ;  any  law,  usage,  or  custom 
to  the  contrary  notwithstanding. 

[Sect.  3.]  This  act  to  continue  and  be  in  force  for  the  space  of  two 
years  from  the  first  day  of  May  next,  and  no  longer.  iPassed  April 
24 ;  published  April  25,  1759. 


[5th  Sess.]         Province  Laws.— 1758-59.  219 


CHAPTER   34. 

AN  ACT  IN  ADDITION  TO,  AND  FOR  EXPLANATION  OF,  AN  ACT,  INTI- 
TULED "AN  ACT  FOR  GRANTING  UNTO  HIS  MAJESTY  AN  EXCISE 
UPON  SPIRITS  DISTILLED  AND  WINE,  AND  UPON  LIMES,  LEMMONS 
AND  ORANGES." 

Whereas,  in  and  by  an  act  made  and  passed  in  the  present  session  Preamble, 
of  the  general  court,  intituled  "  An  Act  for  granting  unto  his  majesty  an  1758-59,  chap. 29, 
excise  upon  spirits  distilled  and  wine,  and  upon  limes,  lemraons  and  ^  ^'  ^ 
oranges,"  it  is,  among  other  things,  provided,  that  every  person,  then 
licenced,  or  that  should  be  thereafter  licenced,  to  retail  rum  or  other 
spirits  distilled,  or  wine,  shall  pay  a  duty  of  eight  shillings  for  every 
hundred  of  lemmons  or  oranges  sold,  and  a  duty  of  three  shillings  for 
every  hundred  of  limes   sold,  and  so  proportionably  for   any  other 
quantity  or  number  :  whereupon  a  doubt  hath  arisen,  whether  the  duties 
aforesaid  are  to  be  paid  for  any  limes,  lemmons  and  oranges  other  than 
such  as  any  taverner,  innholder,  victualler,  or  retailer  shall  have  used 
and  consumed  in  making  punch,  or  otherwise  for  sale, — 

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

[Sect.   1.]     That  the  act  aforesaid  be  so  understood  as  that  the  Dntiest^ Repaid 
duties  aforesaid  shall  be  paid  for  sach  limes,  lemmons   and  oranges  &c.,^oniy'Sa*re 
only  as  any  taverner,  innholder,  victualler  or  retailer  shall  have  used  p^Q^ch?  ™^'^"* 
and  consumed  in  making  punch,  or  otherwise  for  sale  ;  and  that  every 
taverner,  innholder,  victualler  and  retailer,  shall  render  an  account  to 
the  collector  of  such  limes,  lemmons  and  oranges,  and  of  such  only. 

And  be  it  further  enacted, 

[Sect  2.]  That  the  oath,  to  be  administ[e]red  by  the  collector  to 
every  taverner,  innholder,  victualler  and  retailer,  upon  rend[e]ring  his 
account,  shall  be  in  the  form  following,  and  in  no  other : — 

You,  A.  B.,  do  swear  that  the  account  by  you  now  rendered  is,  to  the  best  i""©™  o^tho 
of  your  knowledge,  a  just  and  true  account  of  all  wines,  rum  and  distilled  minis\ered  by 
spirits,  you  had  by  you,  or  in  your  possession,  on  the  twenty-sixth  day  of  the  collector. 
March,  one  thousand  seven  hundred  and  fifty-nine,  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  knowl- 
edge, 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  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  connivance,  either  directly  or  indirectly  sold,  used  or  consumed 
any  wine,  or  any  liquor  for,  or  as,  wine ;  any  rum  or  distilled  spirits,  or  liquor 
for,  or  as,  rum  or  distilled  spirits ;  or  that  there  have  been  any  limes,  lem- 
mons or  oranges,  by  you,  or  by  any  other  person  or  persons  for  or  under 
you,  or  by  your  order,  consent,  allowance  or  connivance,  used  or  consumed  in 
making  punch,  or  otherwise  for  sale,  since  the  twenty-fifth  day  of  March, 
one  thousand  seven  hundred  and  fifty-nine,  besides  what  is  contained  in  the 
account  by  you  now  rendered.    So  help  you  God. 

— [^Passed  April  24  ;  published  April  25,  1759. 


220 


Peovince  Laws.— 1758-59.   [Chaps.  35,  36.] 


CHAPTEK   35. 


Preamble. 
Sundry  laws  ex- 
pi  red  or  near 
expiring,  reviv- 
ed and  contin- 
ued. 
1739-40,  chap.  8. 


1739-40,  chap.  12. 


1752-53,  chap.  12. 


Their  continu- 
ance to  10th  of 
of  June,  1766. 


AN  ACT  FOR  REVIVING   AND    CONTINUING    SUNDRY  LAWS  THAT  ARE 
EXPIRED  OR  NEAR  EXPIRING. 

Whereas  the  several  acts  hereinafter  mentioned,  which  are  now  ex- 
pired, or  near  expiring,  have  been  found  useful  and  beneficial ;  namely, 
two  acts  made  in  the  thirteenth  3-ear  of  his  present  majesty's  reign : 
the  one  intit[ii]led  "  An  Act  for  the  effectual-preventing  of  horses,  neat- 
cattle,  slieep  and  swine  from  running  at  large  or  feeding  upon  a  cer- 
tain island  called  Phimb  Island,  lying  in  Ipswich  Bay  in  the  county  of 
Essex  "  ;  the  other  intit[M]led  "  An  Act  in  addition  to  the  several  laws 
of  this  province  relating  to  common  roads  and  private  ways  "  ;  and  one 
act  made  in  the  twenty-sixth  year  of  his  present  majesty's  reign,  inti- 
t[w]led  "An  Act  for  further  regulating  the  proceedings  of  the  court  of 
probate  within  this  province," — 

Be  it  therefore  enacted  by  the  Governour,  Council,  and  Hotise  of 
Rep  re  sent  a  t  ives , 

That  the  two  first-mentioned  acts,  which  are  near  expiring,  be  and 
they  hereby  are,  continued  ;  and  that  the  last-mentioned  act,  which 
is  expired,  with  all  and  every  article,  clause,  matter  and  thing  therein 
contained,  be  and  hereby  is  revived  ;  and  that  all  the  said  acts  shall  be 
in  force  until  the  tenth  day  of  June,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  sixty-six,  and  no  longer.  {^Passed  April  24  ;  pub- 
lished April  25,  1759. 


CHAPTER    36. 

AN  ACT  IN  ADDITION  TO  AN  ACT,  [E][7]NTITULED  "AN  ACT  FOR  THE 
EFFECTUAL  PREVENTING  THE  CURRENCY  OF  THE  BILLS  OF  CREDIT 
OF  CONNECTICUT,  NEW  HAMPSHIRE  AND  RHODE  ISLAND  WITHIN 
THIS  PROVINCE,"  MADE  AND  PASSED  IN  THE  THIRTIETH  YEAR  OF 
HIS  PRESENT  MAJESTY'S  REIGN. 


Preamble. 

1756-57,  chap.  34, 
§6. 


Clerks  of  the 
courts  to  issue 
execution  to 
persons  being 
absent  from  the 
province,  &c. 


ProviBO. 


Whereas  it  frequently  happens  that  persons  who  are  entit[?<]led  to 
take  out  writs  of  execution  upon  judgments  by  them  obtained  are 
absent  out  of  this  province,  or  employed  in  his  majesty's  service  in 
such  parts  of  it  as  are  very  remote  from  the  places  where  such  judg- 
ments are  entred,  and  so  cannot  take  the  oath  by  law  appointed  to  be 
taken  before  executions  are  issued ;  wherefore  for  remedy  of  these 
inconvenienc[i]es, — 

Be  it  enacted  by  the  Govemo[u']r,  Council  and  House  of  BepresentOr 
tives, 

[Sect.  1.]  That  when  any  person  or  persons  shall  be  absent  from 
this  province,  or  employed  in  his  majesty's  service  in  such  parts 
thereof  as  are  very  remote  from  the  courts  or  places  where  the}'  recover 
judgments,  in  all  such  cases  it  shall  be  lawful [1]  for  the  clerks  of  the 
superiour  court  of  judicature,  court  of  assize,  and  general  goal  deliverj^ 
and  of  the  inferiour  courts  of  common  pleas,  or  other  court  of  law,  to  issue 
writs  of  executions  (when  applied  for)  upon  judg[e]ments  recovered 
by  such  person  or  persons,  as  are  before  mentioned,  notwithstanding  he 
or  they  have  not  taken  the  oath  appointed  to  be  taken,  by  an  act  made 
and  passed  in  the  thirtieth  year  of  his  majesty's  reign ;  provided,  never- 
theless, that  before  executions  are  issued  as  aforesaid,  a  certificate  in 


f5TH  Sess.]  Province  Laws. — 1758-59.  '2'2l 

writing,  under  the  hand  of  any  justice  of  the  peace  for  any  county  in 
the  province,  shall  be  delivered  to  the  clerk  who  issues  tlie  execution, 
setting  forth  that  at  the  date  of  said  certiticate  the  porsou  or  persons 
on  whose  behalf  execution  is  ap|)ly'd  for  is  then  out  of  the  province  or 
emplo3'[e]'d  in  his  majesty's  service  as  aforesaid. 

[Sect.  2.]     This    [bill]    [art]   to  ])e  in   force  till  the  last  day  of  LimitaUon. 
March,  one  thousand  seven   hundred  and  sixty-two,   and  no  longer. 
[^Passed  April  24  ;  published  April  25,  1759. 


CHAPTER   37. 

AN    ACT  IN  ADDITION    TO   "AN    ACT    RELATING    TO  EXECUTORS  AND 
ADMINISTRxVTORS." 

Whereas  some  doubts  and  questions  have  arisen  upon  the  construc- 
tion of  some  parts  of  an  act,  intitled  "  An  Act  relating  to  executors  and  Preamble, 
administrators,"  whether  b}-  force  of  the  same,  real  estates  of  the  testators  ito3-4,  chap.  12, 
and  intestate[s]  may  be  taken  in  execution  for  the  satisfaction  of  the  *^^'*'^'''- 
judgments  recovered  against  their  estate  in  the  hands  of  their  executors 
and  administrators,  and  in  what  manner  the  same  should  be  levied,  and 
whether  executors  and  administrators,  who  by  neglecting  to  raise  money 
out  of  the  assetts  l\v  sales  of  personal  estate,  or  real  estate  if  need  be, 
shall  subject  the  estates  of  their  testators  or  intestates  to  the  cost  and 
loss  that  must  attend  such  a  method  of  paying  debts,  shall  be  deemed 
guilty  of  waste  or  breach  of  trust, — 

Be  it  enacted  by  the  Governolii^r,  Council  and  House  of  Represent- 
atives, 

[Sect,  1.]     That  the  real  estates  of  any  testators  or  intestates  are  Estatos  of  testa. 
anil  shall  be  liable  to  be  taken  and  levied  upon  l)}-  any  execution  issu-  lauVM-iUe'to" 
ing  upon  judgments  recovered  against  executors  or  administrators  in  ixecution,  itc. 
such  capacit}-,  being  the  proper  debts  of  the  testators  or  intestates,  ni9-2o,  chap.  9, 
and  that  the  method  of  levying,  ai)prai[s][z]ing,  recording,  and  right 
of  redemption  shall  be  the  same  as  by  law  is  provided  respecting  other 
real  estates  levied  upon  and  taken  in  execution. 

And  be  it  further  enacted, 

[Sect.  2.]     That  when  any  executor  or  administrator  shall  neglect  NcK'wt  of  fx«- 
or  unreasonably  dela}'  to  raise  mone}'  out  of  his  testator's  or  intestate's  ministra'toi"  " 
estate,  b}-  collecting  the  deists  due  to  the  estate,  and  selling  the  per-  ^^fmi-'J  waste, 
sonal  estate,  or  the  real  estate  (if  need  be,  and  he  has  power  or  can 
obtain  leave  to  sell  the  same),  or  shall  neglect  to  pay  what  he  has  in  his 
hands,  and  b}*  such  neglect  or  delay  shall  subject  his  testator's  or  intes- 
tate's real  or  personal  estate  to  be  taken  in  execution,  the  same  shall 
be  deemed  waste  in  him  and  unfaithful  [I]  administration. 

And  ichereas,  it  sometimes  may  happen  that  the  estate  taken  b}-  Preamble, 
execution  as  aforesaid,  or  sold  b}'  virtue  of  a  licence  from  the  superi- 
o[M]r  court,  has  been  specially  devised  by  the  testator  to  one  or  more 
persons,  who  by  means  of  such  levying  or  sale  ma}'  be  deprived  of  his 
or  their  legac}'  or  devise  ;  therefore, — 

Be  it  further  enacted, 

[Sect.  3,]     That  whenever  any  testator  in  and  by  his  last  will  and  R<'ni  ef«-ite  or 

CllUttCIH  of  t4.*8» 

testament  hath  given  or  shall  give  an}'  chatt[lcj[('/]s  or  real  estate  to  taior»  taken  in 
any  person  or  persons,  and  the  same  hath  l)eeii  or  shall  l)c'  taken  in  execu-  bornen'ropor.'' 
tion  in  manner  aforesaid,  or  sold  by  order  of  the  superiour  court,  in  tionabfy  amonfc 
such  case  all  the  other  legatees,  devLsees  or  heirs  shall  refund  tiieir ''^''''^''''"^"''*'*'^'^' 
average  or  proportionable  part  of  such  loss  to  such  person  or  persons 


222 


Province  Laws. — 1758-59. 


[Chap.  38.] 


from  whom  the  bequest  shall  be  so  taken  away,  and  he  or  they  shall 
and  maj"  maintain  a  suit  or  action  to  compel  such  contribution. 
LimitaUon.  [Sect.  4.]     This  act  to  continue  and  be  in  foi'ce  for  the  space  of 

five  years  from  the  seventeenth  day  of  April,  one  thousand  seven  hun- 
dred and  fifty-nine,  and  no  longer.  [^Passed  April  24  ;  published  April 
25,  1759. 


CHAPTER    38. 

AN  ACT  FOR  RAISING  A  FURTHER  SUM  OF  MONEY  BY  A  LOTTERY  OR 
LOTTERIES  FOR  COMPLEATING  THE  PAVEMENT  OF  THE  NECK  LEAD- 
ING OUT  OF  THE  TOWN  OF  BOSTON,  CALLED  BOSTON  NECK. 


Preamble. 

1755-56,  chap.  24. 


Messrs.  Joshua 
Henshaw,  Jo. 
Bcph  Jackson, 
Thomas  Cush- 
iiig,  Samuel 
Hewes,  John 
Scollay,  Benja- 
min Austin,  and 
Andrew  Oliver, 
junior,  sclfct- 
men  of  Boston, 
allowed  and 
empowered  to 
set  up  one  or 
more  lotteries, 
and  how  the 
money  raised 
thereby  shall  be 
disposed  of. 


Any  three  of 
them  may  be  the 
managers  or 
directors. 


Managers  and 
those  employed 
by  them  to  be 
under  oath,  &c. 


Whereas  the  great  and  general  court  at  their  sessions  in  January, 
one  thousand  seven  hundred  and  fiftj'-six,  by  an  act  pass'd  impowered 
the  then  selectmen  of  Boston  to  raise  by  a  lottery  or  lotteries  the  sum 
of  three  thousand  pounds,  to  be  applied  for  pav[e]ing  and  repairing 
said  neck  ;  and  whereas  said  sum  has  been  accordingly  raised,  and  the 
same  expended  for  the  purposes  for  which  it  was  rais'[e]d  so  far  as  it 
would  extend,  but  it  being  insufficient  to  compleat  and  finish  said 
pavement  and  repair  said  neck  'till  it  meets  with  Roxbury  bounds ; 
for  raising  a  sum  sufficient  for  finishing  said  neck  and  paying  the 
charges  of  said  lotteries, — 

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

[Sect.  1.]  That  Mess[ieM]rs  Joshua  Henshaw,  Joseph  Jackson, 
Thomas  Gushing,  Samuel  Hewes,  John  Scollay,  Benjamin  Austin  and 
Andrew  Oliver,  Junr.,  or  any  three  of  them,  be  and  they  hereby  arc 
allowed  and  impowered  to  set  up  and  carry  on  one  or  more  lottery  or 
lotteries,  amounting  in  the  whole  to  such  a  sum  as,  by  deducting  ten 
per  cent  out  of  the  same,  or  out  of  each  prize  or  benefit-ticket,  may 
raise  one  thousand  pounds,  and  no  more  ;  and  that  said  sum  of  one 
thousand  pounds,  raised  by  the  deduction  aforesaid,  be,  by  the  persons 
aforenamed,  paid  to  the  town  treasurer  of  Boston  aforesaid,  within 
ten  days  after  the  sale  of  the  tickets  of  said  lottery  shall  be  compleated  ; 
which  sum  of  one  thousand  pounds  shall  be  applied  towards  finishing 
and  compleating  the  pavement  of  said  neck,  the  walls  on  each  side,  and 
gravelling  and  repairing  the  same  :  saving  so  much  of  said  sum  as  shall 
be  sufficient  to  defre}^  the  necessary  charges  of  the  lottery  or  lotteries 
aforesaid  ;  and  to  such  other  use  as  is  hereafter  mentioned. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  persons  aforesaid,  or  any  three  of  them,  be,  and 
they  hereby-  are  declared  to  be,  the  managers  or  directors  of  each  and 
every  of  said  lottery  or  lotteries,  and  are  hereby  impower'[e]d  to 
make  all  necessary  rules,  and  use  all  necessary  methods,  to  manage  and 
direct  the  same,  until [1]  the  whole  shall  be  fully  compleated  and 
finished. 

And  be  it  further  enacted, 

[Sect.  3.]  That  each  manager  or  director  aforesaid,  before  his  act- 
ing in  that  capacity,  and  also  all  other  persons  employed  about  said 
lottery  or  lotteries,  shall  be  sworn  to  the  faithful  discharge  of  the  trust 
reposed  in  them  ;  and  said  managers  or  directors  are  hereby  required  in 
all  their  proceedings  relating  to  said  lottery  or  lotteries,  to  conform  to 
the  directions  mentioned  in  the  aforerecited  act  pass'd  in  January,  one 
thousand  seven  hundred  and  fifty-six,  and  to  keep  a  particular  account 


[5th  Sess.]  Province  Laws. — 1758-59.  223 

of  their  attendance,  and  have  the  same  allowance  as  is  therein  men- 
tioned. 

And  he  it  furtJier  enacted, 

[Sect.  4.]     That  the  owner  or  owners  of  an}-  benefit-tickets  shall  not  Ownprs  of  bone 
be  entitled  to  the  same  unless  the}'  apply  within  the  time  limit[i]ed  b}^  gonabiytVup- 
said  act ;  and  if  any  person  shall  forge  or  counterfeit  any  ticket  or  tick-  piy  for  the  same, 
ets,  to  be  made  in  consequence  of  this  act,  or  alter  any  of  the  numbers  Penalty  for 
thereof,  or  utter,  vend,  barter  or  dispose  of  any  false,  altered,  forged  [erS"fng'iick""' 
or  counterfeit  ticket  or  tickets,  or  bring  such  ticket  or  tickets,  know-  ets,  &c. 
ing  the  same  to  be  such,  to  the  said  directors,  or  any  of  them,  or  to 
any  person,  with  a  fraudulent  intent,  every  person  or  persons,  being 
thereof  convicted,  in  due  form  of  law,  shall  be  punished   either  b}' 
setting  in  the  pillor}',  whipping,  fine  or  imprisonment,  at  the  discretion 
of  the  court  before  whom  the  conviction  may  be,  according  to  the  nature 
and  aggravation  of  the  offence  ;  and  \_the']  said  managers  or  directors 
are  hereby  vested  in  ever}'  respect  with  the  same  powers  and  author- 
ities, as  the  managers  or  directors  were  by  said  act  pass'[ejd  in  Jan- 
uary, one  thousand  seven  hundred  and  fifty-six. 

[Sect.  5.]     And  the  town  of  Boston  are  hereby  directed  and  ordered  Town  of  Boston 
to  pave  the  bottom  or  lower  end  of  Prince  Street,  in  said  town  of  Bos- 
ton, leading  to  Charlestown  Ferry,  so  far  as  may  be  convenient,  the  ex- 
pence  whereof  shall  be  paid  out  of  the  monies  rais'[e]d  by  vii-tue  of  this 
act.     \_Passed  April  24  ;  published  April  25,  1759. 


CHAPTER   39. 

AN  ACT  FOR  RAISING  A  SUM  OF  MONEY,  BY  A  LOTTERY  OR  LOTTERIES, 
FOR  THE  PAVING  AND  REPAIRING  THE  HIGHWAY  IN  ROXBURY,  FROM 
BOSTON  LINE  TO  THE  FOOT  OF  THE  MEETING-IIOUSE  HILL,  LEADING 
TOWARDS  DEDHAM. 

"Whereas  the  highway  in  the  town  of  Roxbury,  leading  from  Boston  Preamble. 
Neck,  so  called,  to  the  foot  of  the  meeting-house  hill,  in  the  same  Rox- 
bury, towards  Dcdham,  by  reason  of  the  great  number  of  waggons  and 
other  heavy  carriages,  passing  over  it,  is  frequently  out  of  repair,  not- 
withstanding the  great  cost  and  expence  the  town  of  Roxbury  has  been 
yearly  at  for  repairing  the  same.  And  whereas  the  paving  of  the  same 
highway  is  the  most  effectual  method  of  repairing  and  keeping  the  same 
in  good  order  and  condition,  and  will  require  a  considerable  sum  of 
money  to  effect  it ;  for  the  raising  whereof, — 

Be  it  enacted  hythe  Governo\_u'\)\  Counciland  Unuse  of  Representatives, 
[Sect.  1.]     That  Messieurs  Joseph  Williams,  Samuel  lleath,  Eben-  Mossrs.  JoReph 
ezer  Newell,  Jeremiah  Richards  and  Josei)h  Mayo,  or  any  tliree  of  miuea'tb,^'""' 
them,  be  and  hereby  are  allowed  and  impoweied  to  sct[t]  up  and  carry  ^l^'"/''^''' •^'^'^' 
on  one  or  more  lottery  or  lotteries,  amounting  in  the  whole  to  such  a  uicbanis ami 
sum   as,  by  drawing  or  deducting  ten  per  cent  out  of  the  same,  or  I^XlTmefi'of'^' 
out  of  each  prize  or  benent-tiekct,  may  raise  one  thousand  six  luiiulied  Roxbury,  ai. 
and  sixty-six  pounds  thirteen  shillings  and  fourpence,  and  no  more  ;  and  p^^'ercdtV™' 
that  the  said  sum  of  one  thousand  six  hundred  and  sixty-six  pounds  carryonaiot- 

"  '  tcrv  or  lott'TicB 

thirteen  shillings  and  fourpence,  raised  by  tlie  [d][rJeduction  aforesaid,  fi.r"tbe  purpose* 
be,  by  the  |)ersons  above  named,  paid  to  the  town  treasurer  of  Roxbury  [|oi[^a?™^"" 
aforesaid,  within  ten  days  after  the  sale  of  the  ticket  [t]s  of  said  lottery 
shall  be  compleated  ;  or,  if  the  persons   aforesaitl  shall  think  fit[t]  to 
raise  said  sum  of  one  thousand  six  hundred  and  sixty-six  i)ound3  thir- 
teen shillings  and  fourpence  by  more  lotteries  than  one,  then  the  money 


224  Province  Laws.— 1758-59.  [Chap.  39.] 

raised  by  each  lottery,  by  the  deduction  aforesaid,  shall,  within  ten 
days  after  the  tickets  of  each  lotterj^,  respective!}',  are  sold,  be  paid  by 
them  to  the  treasurer  aforesaid  ;  which  sum  of  one  thousand  six  hundred 
and  sixty-six  pounds  thirteen  shillings  and  fburpence,  or  whatever  part 
thereof  shall  be  so  raised,  shall  be  appl[y][i]ed  towards  the  paving 
and  repairing  the  highway  aforesaid ;  saving  so  much  of  said  sum  as 
shall  be  sufficient  to  defrey  the  necessary  charges  of  the  lottery  or  lot- 
teries aforesaid  ;  and  to  no  other  use  whatsoever,  except  in  case  of  a 
surplusage,  as  in  this  act  hereafter  mentioned. 
A7id  be  it  further  ejiacted, 
Any  three  of  [Sect.  2.]     That  the  pcrsons  aforesaid,  or  any  three  of  them,  be,  and 

SaJTa^^^or '^^  they  are  hereby  declared  to  be,  the  managers  or  directors  of  each  and 
directors.  evcry  of  the  said  lottery  or  lotteries,  and  are  hereby  impowered  to  make 

all  necessary  rules,  and  use  all  necessarj'  methods,  to  manage  and  direct 
the  same,  till  the  whole  shall  be  fully  compleated  and  finished. 
And  be  it  farther  enacted, 
Saidraanagers         [Sect.  3.]    That  the  s[ai]'^  managers  or  directors,  with  all  Convenient 
tfckSmakV''^  speed,  after  the  sale  of  the  tickets  of  said  lottery,  or  of  each  lottery, 
preparation  for    respectively,  shall  make  preparation  for  the  drawing  the  same,  and  shall 
and  to^give^pub-  givc  noticc  iu  the  pubUc  prints,  of  the  time  and  place  of  drawing,  at 
lic^otice  of  the  least  ten  days  before  the  said  drawing  begins,  that  any  of  the  adventur- 
ers, if  they  think  fiL[t] ,  may  be  present  at  the  drawing  ;  and  after  the 
said  drawing  commences,  they,  the  said  managers,  may  adjourn  fi'om 
day  to  day,  till  the  whole  number  of  tickeL[t]s  of  each  lottery,  respec- 
tively, shall  be  drawn  :  provided  the  drawing  of  any  one  of  said  lotteries 
continue  not  longer  than  fifteen  days,  exclusive  of  Lord's  Days. 
Managers  direeu       [Sect.  4.]  And  the  Said  managers  or  directors  shall  make,  Or  causc  to  be 
ceedings."^  P''"'    made,  a  fair  entry,  in  a  bookprovided  for  that  purpose,  of  all  the  tickets  so 
drawn,  and  of  the  blanks  and  prizes  drawn,  answering  to  said  tickets,  and 
within  ten  da3''s  after  the  drawing  of  each  lottery,  respective!}',  shall  be 
finished,  they  shall  cause  a  list  of  the  benefit-tickets,  expressing  the 
number  and  the  amount  of  eacli  of  them,  to  be  printed  in  the  pub!ic[A;] 
newspapers  ;  at  the  same  time,  in  the  said  newspapers,  notifying  the  own- 
ers of  such  benefit-tickets  of  the  time  and  place  when  and  where  they 
may  apply  for  the  payment  of  such  tickets  ;  and  if  any  contention  or 
dispute  shall  arise  in  adjusting  the  property  of  any  of  the  said  benefit- 
tickets,  the  major  part  of  the  managers  shall  determine  to  whom  it  doth 
or  ought  to  belong. 

A7id  be  it  further  enacted, 
Benefit-ticket  to       [Sect.  5.]     That  the  Said  benefit-tickets  shall  be  paid  off  by  the 
the'raanagers'     managers  aforcsald  within  twenty  days  after  the  drawing  of  each  lottery, 
■within  twenty     respectively,  is  finished,  upon  application  of  the  owner  or  owners  of  such 
days  after  draw-  ^jQijgt,s,  and  delivering  Iheui  up  to  be  cancelled  ;  and  to  secure  the  pay- 
ment of  such  benefit-tickets  to  the  owner  or  owners  of  them,  the  said  man- 
agers 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  pi'oper  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  he  it  further  enacted, 
Owners  of  ben-        [Sect.  6.]     That  if  the  owncr  or  owners  of  any  benefit-ticket  or  tick- 
applylngfo""'     ©^s  shall,  for  the  space  of  one  year  after  the  drawing  aforesaid,  neglect 
thoirmoneyin     to  apply  for  the  payment  of  such  ticket[t]  or  ticket[t]s,  unless  he,  she 
shall no'tbe^euf'  Or  tlicy  shall  havc  been  at  sea  and  out  of  the  province  for  that  term  of 
titled  to  the        j^JQjg  (and  to  such  persons  eighteen  months  shall  be  allowed  to  produce 
their  tickets),  he,  she  or  they  shall  not  be  entitled  to  rec[ie][ei]ve  the 
same,  but  such  ticket  and  tickets  are  hereby  declared  to  be  cancelled 


[5th  Skss.]  Province  Laws. — 1758-59.  225 

and  of  no  value  ;  and  the  money  in  the  hands  of  said  directors,  which 
was  to  have  been  appl[y][«]ed  to  the  payment  of  such  ticket[t]s,  shall, 
after  the  expiration  of  the  term  aforesaid,  be  immediately  paid  to  the 
town  treasurer  of  said  Roxbury  for  repairing  and  keeping  in  repair  the 
highway  aforesaid. 

And  be  it  further  eriacted, 

[Sect.  7.]  That  each  manager  or  director  aforesaid,  before  his 
acting  in  the  capacity'  of  manager  or  director,  as  aforesaid,  shall  take 
the  following  oath  ;  v\z^^^., — 

I,  A.  B.,  do  swear  that  I  will  faithfully  execute  the  trust  reposed  in  me,  Manager's,  or 
and  that  I  will  not  use  any  indirect  act  or  means  to  obtain  a  pi-ize  or  benefit-  '^'rector's  oath, 
lot  for  myself,  or  any  other  psrsoa  whomsoever,  and  that  I  will  do  the  utmost 
of  my  endeavo[2*]r  to  prevent  any  undue  or  sinister  practice  to  be  done  by 
any  person  Avhomsoever,  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  thirty-second  year 
of  his  majesty's  reign,  intit[M]led  "  An  Act  for  the  raising  a  sum  of  money  by  1758-59,  chap. 3&. 
a  lottery  or  lotteries,  for  the  paving  and  repairing  the  highway  in  Roxbury, 
from  Boston  line  to  the  foot  of  the  meeting-house  hill,  leading  towards  Ded- 
ham."    So  help  me  God. 

— which  oath  shall  be  administred  b}'  any  justice  of  the  peace  in  the 
county  of  Suffolk;  and  every  person  or  persons  employed  about  the  Persons  em- 
lottery  or  lotteries  aforesaid,  by  the  directors  aforesaid,  shall  take  an  Tottery  or°ioue*'r! 
oath  for  the  faithful  [1 J  performance  of  his  trust,  to  be  administred  by  les  to  be  on  oath, 
any  one  or  more  of  the  directors  aforesaid,  who  are  hereby  impowered 
to  administer  the  same. 

And  be  it  further  enacted^ 

[Sect.  8.]     That  if  the  whole  number  of  tickets  of  each  lottery,  in  case  the  whole- 
respectively,  shall  not  be  sold  and  disposed  of  by  the  said  directors  "tsTn  oa°h  lo^t^* 
within  six  months  after  the  publication  of  the  scheme  of  each  lotter}^  tery  ehaii  not  be 
respectively,  it  shall  and  may  be  lawful  for  the  town  of  Roxbury,  if  months^aftor 
they  think  fit[t],  to  take  the  remainder  of  said  tickets,  undisposed  of  as  ^hg^'s'^h''""  °t 
aforesaid  to  their  own  account;  provided^  that  within  one  month  after  towiiof  Uo'x- 
the  public [k]  meeting  of  said  town,  to  be  called  for  that  purpose,  a  u;eTeraafnde''r'to 
sum  of  money  be  raised,  and  paid  to  the  directors  aforesaid,  sufficient  their  own  ac- 
to  purchase  the  remainder  of  said  tickets,  which  shall,  in  that  case,  be  '^""'^^•■P''^"'*'^*'*- 
delivered  to  such  person  or  persons  as  the  said  town  shall  appoint  to 
rcc[ie][c/]ve  the  same ;  but  if  the  whole  of  said  tickets  cannot  be  sold 
within  the  term  of  six  months  aforesaid,  and  the  town  aforesaid  refuse 
to  take  the   tickets  remaining  unsold   as  aforesaid,  then   the  money 
rec[ie]  [e/]ved  by  the  said  directors  for  the  tickets  sold  shall  be  by  them 
returned  to  the  owners  of  said  tickets,  upon  their  delivering  up  their  tick- 
ets to  the  said  directors,  and  the  charges  arisen  shall  be  defreyed  by  the 
said  town  of  Roxbury  :  provided,  nevertheless,  that  the  said  managers 
shall  not  hereby  be  prohibited  from  carrying  on  said  lottery  or  lotteries 
at  any  other  time  which  the}-  may  judge  suitable  and  convenient  for  the 
same. 

And  be  it  farther  enacted, 

[Sect.  9.]     That  if  the  sum  raised  b}-  means  of  this  act  shall  be  in  case  of  a  sur- 
more  than  sufficient  to  pave  and  repair  the  highway   aforesaid,  and  fimefhauTe'^* 
defrey  the  charges  of  the  lotterj'  or  lotteries  aforesaid,  and  pay  the  disposed  of 
managers  aforesaid    for  their   services,  as  hereinafter  expressed,  the 
surplusage  shall  be  ap[)l[y][i]ed  towards  the  paving  or  repairing  of 
such  street  or  streets  or  highways  in  the  town  of  Roxbury  as  the  said 
town  shall  direct. 

And  be  it  further  enacted, 

[Sect,  10.]     That  if  any  person  shall  forge  or  counterfeit  any  ticket  Penalty  for  per. 
or  tickets,  to  be  made  in  consequence  of  this  act,  or  alter  any  of  the  ^°"^  ^''o  forge 


226  Province  Laws.— 1758-59.  [Chap.  39.] 

or  counterfeit  numbers  thereof,  or  utter,  vend,  barter  or  dispose  of  any  false,  altered, 
tickets,  &c.  forged  or  counterfeit  ticket  or  tickets,  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  be  punished  by 
imprisonment,  by  being  publickly  whipped,  or  by  being  set  in  the  pil- 
lory, at  the  discretion  of  the  court  before  whom  the  conviction  shall  be, 
according  to  the  nature  and  aggravations  of  the  offence. 

[Sect.  1 1 .]  And  the  said  managers  or  directors,  or  any  two  of  them, 
are  hereby  authorized  and  impowered  to  cause  any  person  or  persons 
bringing  out,  or  uttering  such  false,  altered,  forged  or  counterfeit  ticket 
or  tickets,  as  aforesaid,  to  be  apprehended  and  committed  to  close  goal, 
to  be  proceeded  against  according  to  law. 
And  be  it  farther  enacted. 
Managers  to  [Sect.  12.]     That  the  directors  or  managers  aforesaid  shall  keep  a 

afetime''of"thefr  particular  account  of  the  days  of  their  attendance  upon  the  service 
attendance,  and  aforesaid,  and  for  each  day's  attendance  shall  be  allowed  the  sum  of 
tothe'town!^™^  six  shillings,  the  same  not  to  be  paid  out  of  the  monies  raised  by  virtue 
of  this  act,  unless  there  be  a  sufficiency  for  the  purposes  aforesaid,  and 
for  the  payment  of  such  their  allowances  ;  and  in  case  of  a  sufficiency, 
they  shall  exhibit  an  account  of  their  attendance  aforesaid  before  a 
publick  meeting  of  the  town  aforesaid,  which  account,  being  examined 
and  found  just,  shall  be  paid  by  the  town  treasurer  aforesaid,  upon  the 
order  of  the  said  town ;  but  in  case  there  shall  not  be  a  sufficiency,  the 
town  aforesaid  shall  make  provision  for  the  payment  of  such  managers' 
allowance  aforesaid  ;  provided,  that  no  more  than  three  managers  afore- 
said shall  be  intitled  to  such  allowance  for  one  and  the  same  day. 
And  he  it  further  enacted, 
Managers  to  [Sect.  13.]     That  the   managers  or   directors  aforesaid,  after   the 

oFchrrgerand'*  Said  lottery,  or  each  of  the  said  lotteries,  respectively,  is  finished,  shall 
order  payment,   recfie]  [«=i]ve  the  accounts  of  all  charges  arisen  thereon,  and  having 
f  )und  thcra  just,  shall  certify  the  same  upon  said  accounts,  and  direct 
the  town  treasurer  aforesaid  to  pay  them  off  and  discharge  them; 
And  he  it  farther  eriacted. 
Selectmen  of  [Sect.  14.]     That  the  Selectmen  of  the  town  of  Roxbury  aforcsaid 

Ume^Sg?to''*  ^or  the  time  being,  shall  contract  and  agree  for  the  paving  and  repair- 
contract  for  the  inor  the  highway  aforesaid,  and  for  the  materials  and  labour  necessary 
woi ',  materia  s,  ^^  ^^^  ^^^  same,  at  moucy  price,  and  shall  draw  on  the  town  treasurer 
aforesaid  for  the  payment  thereof;  and  when  the  said  paving  and 
repairs  are  finished,  they  shall  exhibit  a  particular  account  of  the  cost 
of  the  same,  and  lay  it  before  the  town  aforesaid  at  one  of  their  pub- 
lic[A;]  meetings,  in  order  to  be  put  on  file  with  their  other  papers. 
[Passed  April  24  ;  published  April  25,  1759. 

Notes.— There  -o-ere  five  sessions  of  the  General  Court  this  year,  at  all  of  which 
acts  were  passed.  All  the  acts  of  this  year  were  printed:  chapters  1  and  19,  sepa- 
rately; and  the  engrossments  are  preserved  except  of  chapters  1,  3, 4,  5,  7,  21  and  22. 

The  acts  of  the  first  session  were  duly  certified  for  transmission  under  the  province 
seal  on  tlie  twentv-second  day  of  September,  1758.  They  were  delivered  to  the 
clerk  of  the  Council,  in  waiting,  the  25th  of  November  following.  On  the  13th of 
December  they  were  referred  to  the  committee,  of  the  Privy  Council,  on  plantation 
affairs,  which  committee  again  referred  them,  December  22,  to  the  Board  of  Trade. 
The  Board  of  Trade  took  them  into  consideration  January  16,  1759,  and  referred 
them  to  Sir  Matthew  Lamb  for  his  opinion  thereon  in  point  of  law.  On  the  25thof 
July  the  Board  of  Trade  ordered  the  draught  of  a  report  to  be  prepared,  which  was 
signed  July  31. 

In  this  report  chapters  1,  Sand  5  are  represented  as  "for  temporary  Services  and 
are  either  expired  by  their  own  Limitations  or  the  purposes  for  which  they  were 
enacted,  have  been  completed."  Chapter  4  is  included  with  several  other  acts  which 
are  represented  as  "passed  for  temporary  services  and  at  different  times  for  raising 
or  borrowing  sums  of  Mony  for  defraying  the  Expences  of  JSIilitary  and  other 
Services,"  and  as  having  "  in  great  measure  taken  effect,  but  as  the  Execution  of 
some  of  the  Provisions  therein  contain'd,  in  which  the  publick  faith  of  the  Provinca 


[Notes.]  Province  Laws.  — 1758-59.  227 

is  interested  will  not  be  comnleated  till  the  Years  1760,  17G1  &  1702,  and  as  Sir 
Mathew  Lainh,  whoso  opinion  Las  been  taken  ujwn  these  Acts,  lux-s  no  objection  to 
any  of  tliein  in  point  of  law,  We  conceive  it  ex[)cdient  that  tlicy  sliould  receive  His 
Majesty's  Royal  Allowance."  Chapters  2  and  G  are  represented  to  "  relate  to  the 
internal  G^conomy  of  the  I'rovince  and  appear  to  have  been  enacted  for  it's  private 
convenience,  and  We  see  uo  reason  why  His  Majesty  may  not  be  gracionsly  pleased 
to  conlirm  them." 

All  the  other  acts  of  this  year  were  duly  certified  for  transmission  under  the 
province  seal,  in  two  parcels,  on  the  nineteenth  day  of  June,  n.Oi). 

The  acts  of  the  second  and  third  sessions  were  delivereil  to  the  clerk  of  the  Coun- 
cil, in  waiting,  February  4thl7(K)  from  the  Board  of  Trade,  where  they  had  been 
read  as  early  as  the  22<1  of  January.  Two  days  later  they  were  rcferred'to  the  com- 
mittee of  the  Privy  Council,  on  plantation  affairs,  who,  on  the  20th  referred  them  to 
the  Board  of  Trade  to  "examine  into  the  same  and  report  their  opinion  thereupon 
to  this  committee."  In  the  Board  of  Trade  they  were,  on  the  llthof  March  17G0, 
"  referred  to  Sir  Matthew  Lamb  for  his  opinion  thereupon  in  ])oint  of  law." 

The  acts  of  the  fourth  and  fifth  sessions  were  delivered  to  the  clerk  of  the  Council, 
in  waiting,  November  2()thl75!>,  and  the  next  day  referred  to  the  committee  of  the 
Privy  Council  on  plantation  affairs,  who  took  them  into  consideration  December  5, 
and  immediately  referred  them  to  the  Board  of  Trade,  by  whom  they  were  con- 
sidered on  the  14th  of  December,  and  immediately  referred  to  Sir  Matthew  Lamb 
for  his  opinion  thereon  in  point  of  law.  Sir  Matthew  Lamb  reported  Novcmberl2th 
17G()  "  Upon  perusal  and  consideration  of  these  Acts  I  have  no  Objections  thereto 
in  point  of  Law." 

No  further  action  of  the  Privy  Council  upon  any  of  these  acts  has  been  discovered, 

but  from  the  following  entry  in  the  minutes  of  the  Board  of  Trade,  it  is  probable 

that  they  were  intentionally  suffered  to  receive  a  virtual  approval  by  lapse  of  time: — 

"  Thursday  December  11,  17G0. 

At  a  Meeting  of  His  Maj'y'*  Commissrs  for 

Trade  and  Plantations 

Present 

Earl  of  Halifax 

M'  Jenyns.  M'  Sloper.  M""  Hamilton. 

•  •»«•* 

Their  Lordships  then  took  into  consideration  twenty  one  Acts  passed  in  the  Prov- 
ince of  Massachusetts  Bay  in  March  and  April  1759,  together  with  Sir  Mathew 
Lamb's  Rei)ort  thereupon;  and  no  Objection  appeared  to  lye  to  any  of  the  said 
Acta.  Dunk  Halifax." — Trade  Papers, 

vol.  (k{,  p.  77,  in  Public-Record  Office. 

Chap.  2.  "  Juno  1,  1758.  In  Council  Voted  That  John  Gushing,  Silvanus  Bourn, 
Stephen  Sewall  and  William  Brattle  Esq"  be  a  Committee  to  bring  in  a  Bill  in 
addition  to  the  Law  for  preventing  the  desertion  of  Soldiers  during  the  present 
War  with  France  Sz'^."— Council  Records,  vol.  XXII.,  p.  3G4. 

"  .July  25,  1758.  His  Excellency  acquainted  the  Board  that  he  had  received  Infor- 
mation that  a  great  number  of  the  Forces  raised  within  this  Province  (chiefly  those 
belonging  to  the  Regiment  commanded  by  Col«  Thomas  Doty)  and  put  under  tho 
Command  of  Major  General  Abercromby  had  Deserted  and  were  returning  home 
and  desired  the  Advice  of  the  Council  thereon — 

Advised  that  Ins  Excellency  issue  his  Proclamation  for  apprehending  the  said 
Deserters. 

His  Excellency  having  recommended  to  the  Board  to  consider  the  best  manner 
of  providing  for  the  Subsistence  of  such  of  tho  Forces  as  have  Deserted  the  Army 
and  may  return  to  their  Duty. 

Advised  that  the  several  Taverners  on  the  Road  supply  them  with  Pro^^8ions  as 
has  been  usual  for  Solilicrs  in  the  pay  of  tho  Province  and  that  the  Accounts  thereof 
be  exhibited  on  Oath  for  Allowance  and  Payment  out  of  the  Publick  Treasury  and 
that  a  Deduction  bo  made  from  each  Soldiers  Wages  according  to  what  shall  have 
been  paid  for  his  Victualling  as  aforesaid." — Executive  Records  of  the  Council,  vol.  3, 
p.  420. 

"  Aug.  1, 1758.  Advised  and  Consented  that  a  Warrant  be  made  out  to  the  Treas- 
urer to  pay  to  tho  Honbie  Thomas  Hutchinson  Esq''  tho  sum  of  Four  Pounds  to  dis- 
charge his  Acco'  of  Expences  in  a  Journey  for  tho  apprehending  of  Deserters." — 
Ibid.,  p.  421. 

"  April  17,  1701.  A  Petition  of  John  Gorham  Esqf,  Sheriff  of  the  County  of  Bam- 
Btable  setting  forth  That  in  17.")8,  he  in  inirsuance  of  the  Governors  Proclamation 
apprehended  and  secureil  nine  Deserters  from  tho  Service  (ot  Col"  Dotys  Regiment) 
that  the  legal  Fees  for  Diet  ^c"  aniiiniit  to  .€2.17.2.  and  jiraying  allowance. 

In  the  House  of  Reimscntatives;  Read  and  Ordered  That  the  I'rayer  of  the  Peti- 
tion be  granted,  and  that  tht^re  be  allowed  and  paid  out  of  the  Public  Treasury  to 
the  Petitioner  the  sum  of  Two  pounds  Seventeen  shillings  and  two  pence  in  full  of 
his  Account. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Council  Records, 
vol.  XXIII.,p.7Hi. 

Chan.  3.  "Juno  8,  1758.  In  Council.  His  Excellency  having  acquainted  tho 
Board  that  there  still  remains  a  deficiency  in  the  Number  of  Men  ordered  to  be 
raised,  ff)r  the  intendecl  Exi)edition,  the  Returns  from  the  Colonels  of  several  Regi- 
ments being  short  of  the  Number  assigned,  and  also  that  there  is  reason  to  ap(>re- 
hend  that  a  large  Number  of  those  returned  have  not  yet  proceeded.    Ordered  That 


228  Pkovince  Laws.  — 1758-59.  [Notes.] 

Samuel  Danforth,  "William  Brattle  and  Benjamin  Pickman  Esq"  Avith  such  as  the 
Honourable  House  shall  appoint  be  a  Committee  to  consider  what  is  further  Neces- 
sary to  be  done  by  this  Court  for  the  Carrying  into  full  Execution  his  Excellency's 
Orders  for  raising  Men;  and  also  what  is  proper  to  be  done  for  ascertaining  the 
Number  of  men,  who  have  been  returned  by  the  several  Colonels,  and  are  not  gone 
into  the  Service,  and  compelling  them  forthwith  to  attend  their  duty,  and  making 
provision  for  their  being  conveyed  to  the  Place  of  Rendezvous;  the  Committee  to 
sit  and  report  as  soon  as  may  be. 

In  the  House  of  Representatives.  Read  and  Concurred  and  M""  Stone,  M'  Gid- 
dinge,  Doctor  Sayer,  and  Major  Hartwell  are  joined  in  the  affair." — Council  Rec- 
ords, vol.  XXII.,  p.  382. 

Chap.  4.  In  his  speech  to  both  Houses  June  1,  1758,  from  which  the  following  is 
extracted.  Governor  Pownall  had  recognized  his  dependence  upon  them  for  sup- 
plies in  such  a  manner  as  to  elicit  from  them  a  flattering  address  in  which,  though 
they  declared  that  their  burdens  were  so  great  that  if  the  expected  relief  from 
Great  Britain  should  fail,  they  would  become  insupportable,  they  expressed  satis- 
faction at  the  "  economy,  vigor  and  integrity  "  displayed  by  the  Governor  in  his 
application  of  moneys  raised  by  them.  They  also  entreated  him  to  represent  their 
"distressed  case"  to  the  King,  and  on  the  same  day  passed  this  chapter  to  be 
enacted. 

"  Gentlemen  of  the  House  of  Representatives.  I  have  directed  the  Treasurer  to 
lay  before  You  the  State  of  the  Treasury,  and  I  must  recommend  to  You  to  com- 
pleat  the  Supplies  for  those  Vigorous  measures  already  engaged  in;  also  that  You 
make  provision  for  the  ordinary  Revenues  and  Charges  of  Government;  and  for 
the  Pay  and  Subsistence  of  the  Troops  which  it  is  become  necessary  I  should  keep 
upon  our  Frontiers.  I  have  directed  the  Secretary  to  lay  before  You  a  List  of  the 
Officers  and  Men  as  required  by  the  several  Services. 

His  Excellency  General  Abercromby  acquaints  me,  that  as  soon  as  he  receives 
the  proper  Vouchers,  he  will  settle  the  Payment  of  the  billetting  money  for  the 
Troops  raised  by  this  Government  last  Year;  as  also  the  four  pences  for  this  Year. 
These  Vouchers  were  sent  to  the  late  Commander  in  Cheif.  I  have  now  sent 
further  Copies;  those  of  this  Year  shall  be  sent  as  soon  as  they  can  be  compleated. 
These  are  great  helps  and  Assistances  from  the  Crown,  and  for  those  Expences  of 
the  War  which  We  do  not  thus  receive  immediate  Assistance  in,  we  have  the  best 
Assurances  that  strong  Recommendations  will  be  made  to  parliament  for  a  proper 
Compensation  to  Us. 

The  ways  and  means  of  raising  these  Supplies  do  by  right  as  they  do  in  the  reason 
of  the  thing  lie  with  you. 

It  only  remains  with  Me,  from  a  tender  and  paternal  sense  of  the  heavy  burthens 
that  the  People  labour  under,  to  recommend  those  ways  and  means  which  are  most 
equal  and  least  burthensome,  and  to  assure  You  that  as  far  as  lies  with  Me,  all  shall 
be  Administred  with  the  most  circumspect  and  wary  management,  under  the  ex- 
actest  method,  and  most  strict  Oeconomy  in  the  public  Accounts,  that  the  Assist- 
ance I  have  will  enable  Me." — Conncil  Records,  vol.  XXII.,  p.  3G1. 

"  June  1.5,  1758.  In  the  House  of  Representatives — Ordered  That  M^  Speaker  and 
Mr  Flucker  with  Such  as  the  honourable  Board  shall  join  be  a  Committee  to  assist 
the  Treasurer  in  endeavouring  to  borrow  money  for  the  use  of  the  Province  in  the 
present  exigency  of  Affairs.  In  Council.  Read  and  Concurred  and  John  Erviug 
Esq  is  joined  in  the  Affair. 

Consented  to  by  the  Governor." — Ibid.,  p.  404. 

"  Nov.  18,  1758.  His  Excellency  laid  before  the  Board  the  form  of  a  Muster  Roll 
which  he  had  directed  to  be  prepared  to  be  made  Use  of  as  a  Rule  in  paying  off  the 
Forces  furnished  by  the  Province  as  their  Quota  in  the  late  Expedition  under  the 
Command  of  His  Excellency  Major  General  Abercromby  and  Asked  their  Advice 
in  the  Affair. 

Advised  that  his  Excellency  give  his  Orders  to  make  Use  of  the  said  Form  in 
making  up  their  respective  Pay  Rolls  accordingly." — Executive  Records  of  the  Coun- 
cil, vol.  3,  p.  439. 

Chap.  6.  "  October  9, 1758.  James  Bowdoin  Esq  from  the  Board  went  down  to 
the  House  of  Representatives  with  a  Message  to  acquaint  them  that  as  the  Act 
passed  the  last  Session  for  regulating  the  Indians,  did  not  pass  the  two  Houses  to  be 
enacted  until  the  last  day  of  the  Session,  it  liappened  that  the  Choice  of  Guai-dians 
pursuant  to  said  Act  was  omitted— and  to  propose  to  the  House  to  come  to  the 
Choice  of  Guardians  to  the  several  Tribes  of  Indians  to  morrow  at  three  o'clock  in 
the  Afternoon." — Council  Records,  vol.  XXII.,  p.  420. 

"  October  10, 1758.  The  two  Houses  proceeded  according  to  Agreement  to  the 
Choice  of  Guardians  for  the  Indians  by  Joint  Ballot  when  the  following  Gentlemen 
were  chosen  by  a  Major  Vote  of  the  Council  and  House  of  Representatives  viz' 

For  the  Indians  at  Natick.  Joseph  Buckminster  and  John  Jones  Esq"  and  Cap- 
tain John  Clark. 

For  the  Indians  at  Stoughton  or  Puncapog  Indians,  Robert  Spurr  and  Samuel 
Niles  Esq''s  and  M""  Joseph  Billings. 

For  the  Indians  of  Grafton,  the  lioni'ie  John  Chandler  Esq  John  Jones  and  Edward 
Baker  Esq"  For  the  Indians  at  Dudley,  the  hon^Je  John  Chandler  Esq  Moses  Marcy 
Esq  and  Capt"  Joshua  Heely 

For  tlie  Indians  at  Harwich,  Yarmouth  and  Eastham,  John  Freeman  Esq,  M' 
Jabez  Snow,  and  Capt"  John  Beare. 


[Notes.]  Province  Laws.  — 1758-59.  229 

Fur  the  Indians  of  Mashpee,  Barnstable,  Sandwich  &  Falmouth,  the  hon'''*  Sil- 
vanus  Bourne  Esq,  Edward  Bacon  Esq  and  M''  Nymphas  Marston. 

For  the  Indians  of  Plymouth,  Pembroke  and  Middleborough,  Josiah  Edson  Esq, 
Oapt"  Nathanael  Smitli  &  Mi"  Jolin  Turner. 

For  the  Indians  of  Martha's  Vineyard,  John  Norton  and  John  Sumner  Esq"  and 
Mf  Mathew  May  hew. 

For  the  Indians  at  Nantucket,  Jonathan  CoflQn  and  Abishai  Folger  Esq™  and  M^ 
Richard  Cotfin." — Ibid.,  p.  4'_*:>. 

"  January  ;>',  175'.».  In  Council  Whereas  the  List  of  Guardians  to  the  several  Tribes 
of  Indians  chosen  by  the  two  Houses  on  the  10">  day  of  October  last  was  casually 
omitted  being  laid  before  his  Excellency  the  Ciovernor  for  his  Approbation. 

Rcso1v(m1.  That  the  several  persons  named  in  said  List  be,  and  htueby  are  declared 
re-elected,  And  that  all  Acts  and  Doings  of  said  Persona  in  the  Capsvcity  of  ( Juardians 
since  the  said  10"»  day  of  October,  be  and  hereby  are  declared  as  valid  and  elfectual 
to  all  intents  and  i)urposes,  as  if  said  List  had  been  duly  laid  before  his  Excellency, 
and  by  him  approv<Hl. 

In  the  House  of  Representatives.    Reatl  and  Concurred. 

Consented  to  by  the  Governor. 

The  said  List  being  laid  before  his  Excellency,  He  was  pleased  to  write  thereon  as 
follows. 

I  consent  to  the  alK)ve  Elections. 

T.  POWNALL." 

—Ibid.,  p.  449. 

Chap.  8.  No  provision  was  made  in  this  act,  or  in  the  act  of  1757-58,  chap.  25,  for 
tlie  support  of  the  women  and  children  that  followed  the  regulars  from  Nova  Scotia; 
but  as  their  support  was  a  burden  incident  to  the  recejuiou  of  the  forces,  and  as 
these  persons  arrived  after  the  expiration  of  the  former  act,  the  following  is  inserted 
as  p)ertinent  to  this  chapter. 

"  Sept.  21,  1758.  His  E.Kcellency  laid  before  the  Board  an  Application  from  the 
Selectmen  of  the  Town  of  Boston,  for  directions  concerning  a  number  of  Women 
left  in  the  Town  by  the  Forces  commanded  by  Major  General  Amherst. 

Ad^^sed  that  his  Excellency  give  Orders  to  the  Selectmen  of  the  Town  of  Boston, 
to  send  said  Women  to  New  York  l>y  some  of  the  Transports  bound  thither,  and 
apply  to  the  Agent  Victualler  for  their  Subsistence  or  otherwise  make  such  Provis- 
ion for  it  as  they  shall  tind  necessary." — Kxectitive  Recoids  of  the  Council,  vol.  3, p. 
427. 

"  Sept.  26,  1758.  His  Excellency  acquainted  the  Board  he  had  received  Informa- 
tion that  there  were  about  two  hundred  Men*  lately  arrived  in  the  Transports 
from  Ifalifax  which  was  likely  to  become  a  Province  charge  unless  measures  were 
taken  to  prevent  it;  and  Asked  the  Advice  of  the  Council  thereon  — 

Advised  that  his  Excellency  give  directions  to  the  Selectmen  of  the  Town  of  Bos- 
ton to  obtain  a  List  of  the  Women  lately  sent  up  from  Halifax  and  an  Account  of 
what  Regiments  they  respectively  belong  to,  and  that  they  send  such  as  belong  to 
the  Regiments  at  the  Westward  to  New  York  in  order  to  be  forwarded  to  the  Army, 
and  that  all  others  be  returned  to  their  respective  Regiments  or  to  Halifax  from 
whence  they  came.    Ordered  accordingly." — Ibid. 

"  October  5,  1758.  In  the  House  of  Representatives.  Ordered  that  M'  Russell, 
Capt°  Livermore,  Mi^  Folger,  M""  Tyng  and  M^  Witt  with  such  as  the  honourable 
Board  shall  appoint  be  a  Committee;  to  take  under  consideration  the  State  and  Cir- 
cumstances of  a  Number  of  Women  lately  arrived  here  with  their  Children,  whose 
llusbands  belong  to  the  Regular  Forces  in  his  Majesty's  Service,  and  report  what 
they  judge  proper  to  be  done  relative- to  them.  In  Council  Read  an<l  Concurred  and 
John  Erving,  Richard  Cutt,  William  Brattle,  and  Gamaliel  Bradford  Esq™  are  joined 
in  the  Affair." — Coinifil  Ric.onh,  vol.  XXII. ,  p.  414. 

"  October  7,  1758.  The  Committee  appointed  the  5"'  Instant  to  take  under  Con- 
sideration the  State  and  Circumstances  of  a  number  of  ^^■omen  and  Children  lately 
arrived  here  from  Nova  Scotia  having  reported  according  to  Order.  In  Council. 
Read  and  Accei>ted.  And  Voted  That  William  Brattle  Esq  withSuch  as  the  House 
shall  join  be  a  Committee  to  wait  on  his  Excellency  the  Governor,  and  desire  that 
he  would  give  Orders  that  the  Women  lately  arrived  here  whose  Husbands  belong 
to  the  Regular  Forces  in  his  Majesty's  Service,  be  together  with  their  Children 
received  in  t\w  Barracks  at  Castle  William,  And  that  He  would  Acquaint  the  Kings 
General  of  their  Arrival  in  the  Province,  and  desire  that  He  would  give  orders  re- 
specting the  disposal  and  support  of  the  same.  And  that  the  said  Committee  like- 
wise inform  his  Excellency  that  the  two  Houses  are  of  Opinion  that  in  the  mean 
time  it  would  l)e  best  thattlie  Contractor  for  Provisions  for  the  Kings  Forces  or  his 
Agent  should  provide  for  said  Women  and  Children  according  to  the  Kings  Allow- 
ance, and  jiray  his  Excellency's  int(»rpf)sition  in  that  behalf. 

In  the  House  of  Repr.-scntatives  Read  and  Concurred  and  Col"  Osgood,  and  Capt" 
Newhall  are  joined  in  tlic  Affair."— //(/</.,;).  417. 

"  Oct.  10,  1758.  The  Ri'port  of  the  Committee  and  Order  of  Court  of  the  7"'  Instant 
respecting  the  Women  and  Children  lately  arrived  here  from  Nova  Scotia— In  Coun- 
cil Read  again,  and  it  iii>]iearing  to  the  Board  to  he  necessary  that  some  further  pro- 
ceedings be  had  in  this  Affair.  Ordered  that  the  Committee  sit  again  forthwith,  and 
report  as  soon  as  may  be. 

In  the  House  of  Representatives.     Read  and  Concurred."— /'xd.,  p.  422. 

"October  i:i,  17.")8.  The  Committee  appointed  to  take  under  consideration  the 
State  and  Circumstances  of  the  Women  and  Children  lately  sent  hither  from  Nova 

•  Sic;  women. 


230  Peovince  Laws.  — 1758-59.  [Notes.] 

Scotia  having  further  reported  as  their  Opinion  that  they  go  either  by  Land  or  Water 
to  the  County  of  Albany,  and  that  speedy  provision  be  made  ttierefor  accordingly. 

In  the  House  of  Representatives.  Read  and  Accepted.  And  Ordered  That  M' 
Flucker  and  M^  Goldthwait  with  such  as  the  honoiirable  Board  shall  appoint  be  a 
Committee  to  take  care  that  the  said  Women  and  Children  be  sent  away  accordingly 
in  the  Cheapest  manner  that  may  be.  And  that  there  be  allowed  to  be  paid  out  of 
the  public  Treasury  the  Sum  of  two  hundred  pounds  into  the  hands  of  said  Commit- 
tee for  the  Purposes  aforesaid  they  to  be  accountable.  In  Council.  Read  and  Con- 
curred and  Samuel  Watts  Esq  is  joined  in  tlie  Affair. 

Consented  to  by  the  Governor." — Ibid.,  p.  430. 

"Dec.  5,  1758.  His  Excellency  acquainted  the  Board  that  General  Amherst  Com- 
mander in  Chief  of  his  Majesty's  Forces  in  North  America  had  applied  to  him  that 
Provision  should  be  made  for  Quartering  such  Recruiting  Parties  as  should  be  sent 
into  the  Province  for  recruiting  his  Majesty's  Troops  under  his  Command  as  also  for 
the  Recruits  that  may  be  raised  and  desired  the  Opinion  of  the  Board  on  the  follow- 
ing Questions — Viz' 

Whether  such  Parties  as  the  Kings  General  shall  order  to  March  through  the 
Province  upon  the  recruiting  Service  are  excluded  the  benefit  of  the  Act  now  in  force 
for  providing  for  the  Reception  and  Accommodation  of  his  Majesty's  Forces  within 
this  Province— It  was  answered  in  the  Negative. 

Whether  such  recruiting  Parties  as  shall  be  ordered  to  any  particular  Town  in  the 
Province  upon  said  Service  are  excluded  the  benefit  of  the  Act  now  in  Force  for 
the  Reception  &  Accommodation  of  his  Majesty's  Forces  witliin  this  Province — It 
was  Answered  in  the  Negative. 

And  thereupon  Advised  that  his  Excellency  issue  a  Proclamation  impowering 
the  Selectmen  of  the  several  Towns  to  make  Provision  for  tlie  Accommodation  of 
such  Parties  as  may  be  ordered  to  their  respective  Towns  according  to  Law." — 
Executive  Records  of  the  Council,  vol.  3,  p.  444. 

"By  his  Excellency  Thomas  Pownall  Esq  Captain  General  and  Governor  in 
Cheif  in  and  Over  his  Majesty's  Province  of  the  Massachusetts  Bay  in  New  Eng- 
land Vice  Admiral  of  the  same  &*= 

A  Proclamation 

Whereas  in  and  by  an  Act  of  this  Government  intituled  an  Act  providing  for  the 
reception  and  Accomodation  of  his  Majesty's  Forces  within  this  province,  made 
and  passed  in  the  present  Year  of  his  Majesty's  Reign  it  was  enacted—'  That  when 
'  and  so  often  as  during  the  Continuance  of  this  Act  any  of  his  Majesty's  Regular 
'  Forces  shall  for  the  Defence  of  his  Dominions  or  for  prosecuting  Measures  against 
'  his  Majesty's  Enemy's  be  ordered  into  any  Town  or  'Towns  within  this  Province,  it 
'  shall  and  may  be  lawful  for  the  Governor  with  the  Advice  of  the  Council  to  appoint, 
'  authorize  or  impower  any  person  or  persons  to  agree  for  and  take  up  such  and  so 
'  many  Houses  and  Buildings  in  or  near  such  Town  or  Towns  as  shall  be  judged 
'  sufficient  &  necessary  together  with  the  Barracks  already  jirovided  at  Castle 
'  William  to  receive  and  accomodate  the  whole  Number  of  Forces  that  may  be  so 
'  ordered,  or  if  need  be  to  impress  so  many  uninhabited  Tenements  in  or  near  such 
'  Town  or  Towns  as  shall  be  necessary  as  aforesaid,  and  also  to  provide  such  Bar- 
'  rack  Utensils  &  Necessary's  as  shall  be  judged  reasonable,  the  Charge  thereof  to 
'  be  advanced  and  paid  ovit  of  the  public  "Treasury ' ;  which  Act  was  made  to  con- 
tinue &  be  in  force  to  the  last  day  of  March  One  thousand  seven  hundred  &  fifty- 
nine. 

I  do  therefore  by  and  with  the  Advice  of  his  Majesty's  Council  hereby  Authorize 
and  impower  the  Selectmen  of  the  Several  Towns  and  Districts  for  the  time  being 
within  this  Province  to  provide  in  their  respective  Towns  or  Districts  for  the  recep- 
tion and  accomodation  of  all  such  Troops  or  Parties  as  may  be  ordered  thither 
during  the  Continuance  of  the  Act  aforesaid  or  iintil  I  shall  otherwise  Order  upon 
the  terms  therein  mentioned. 

Given  at  Boston  the  fifth  day  of  December  1758  In  the  thirty  second  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  &= 

By  his  Excellencys  Command.  T.  Powkall. 

A.  Oliver  Secry. 

God  Save  the  King." — Records  of  Civil  Commissions, 
vol.  2 J,  p.  62,  in  Secretary's  Office. 

"  Dec.  30, 1758.  To  the  Selectmen  of  the  Town  of  Boston  the  sum  of  One  hun- 
dred thirty  nine  Pounds  seven  shillings  &  six  pence  three  farthings  to  discharge 
their  Acco'  of  Expence  in  providing  for  the  Wives  &  Children  of  Soldiers  (which 
were  left  by  Major  General  Amherst)  in  the  Almshouse;  And  the  further  sum  of 
One  hundred  twenty  one  Pounds  nineteen  shillings  and  seven  pence  to  discharge 
their  Acco'  of  the  like  Expence  in  the  Workhouse. 

To  Samuel  Procter  the  sum  of  Eleven  Pounds  seven  shillings  and  eight  pence  to 
discharge  his  Acco'  for  his  Care  and  Trouble  with  the  abovementioned  Persons  in 
the  Almshouse. 

To  Joseph  Lasenby  the  sum  of  Ten  Pounds  and  eight  pence  half  penny  to  dis- 
charge his  Acco'  for  his  Care  and  Trouble  with  the  abovementioned  Persons  in  the 
Workhouse. — Executive  Records  of  the  Council,  vol.  3,  p.  449. 

Chap.  12.  "  June  8, 1758.  A  Petition  of  John  Nash  and  Others,  a  Committee  of 
the  Second  Precinct  in  Hadley  in  the  County  of  Hampshire— Setting  forth  the  in- 
conveniences they  Labour  under  by  being  connected  with  the  first  Precinct,  as  well 
on  account  of  their  high  Taxes,  from  which  they  do  not  reap  a  pro])ortionable  Ad- 
vantage, as  on  account  of  their  Distance  from  the  Place  where  tlieir  Town  Meetings 
are  constantly  held,  and  praying  that  they  with  the  Addition  of  some  of  the  Inhabit- 


[Notes.]  Peovince  Laws.  — 1758-59.  231 

ants  of  the  said  first  Precinct  may  be  erected  into  a  distinct  and  sei>erato  District 
agreeable  to  the  Limits  mentioned,  accompanied  with 

A  Certificate  from  Isaac  Ward  and  Others,  Resident  on  a  Tract  of  Land  lying  in 
the  first  Precinct  in  said  Town,  and  adjoining  to  the  second,  shewing  that  tiiey  are 
desirous  of  being  incorporated  with  the  said  second  Precinct,  as  a  8«erate  and  dis- 
tinct District,  they  being  much  more  conveniently  situated  for  trarfWfcting  Business 
there,  than  where  they  now  belong. 

In  tlic  House  of  Kenrosentativcs  Read  and  Ordered.  That  tho  Petitioners  serve 
the  Clerk  of  the  first  Precinct  in  tlie  Town  of  Hadley  with  an  Attested  Copy  of  this 
Petition  that  they  shew  cause,  if  any  they  have,  on  the  second  Friday  of  the  next 
Sitting  of  tlie  Coiirt  why  the  Prayer  thereof  should  not  be  granted. 

In  Council.    Read  and  Concurred." — Council  Il';<-ords,  vul.  XXII.,  p.  381. 

"  January  !>,  175'J.  A  Petition  of  tho  Inhabitants  of  tho  second  Precinct  in  Hadley 
Praying  as  entered  8  June  last  to  be  erected  into  a  District. 

In  Council  Read  again  together  with  tlu;  Answer  of  the  first  Parish  in  the  Town 
of  Hadley;  and  the  other  I'aiiers  acconiiiaiiying  the  same.  And  Ordered  That  Ben- 
jamin Lynde  and  William  Brattle  Esq™  with  such  as  the  honouraljje  House  shall 
join  be  a  Committee  to  take  the  Petition  and  papers  under  consideration  and  report 
what  they  judge  proper  to  be  done  thereon. 

In  the  House  of  Rcj^resentatives  Read  and  Concurred  and  M""  Tyng,  M^  Niles,  and 
Capt"  Stevens  are  joined  in  the  Affair." — Ibid.,  p.  4<i8. 

••  January  1-',  175!i.  The  Committee  appointed  the  !)"'  Instant  on  the  Petition  of 
the  Inhabitants  of  the  second  Precinct  in  Hadley  reported  according  to  Order.  In 
Council.  Read  and  Accepted.  And  Ordered  That  the  Petitioners  have  leave  to 
bring  in  a  Bill  for  erecting  the  Second  Parish  in  Hadley  into  aii)istrict  agreeable  to 
the  foregoing  Report.  Aiid  further  Ordered  That  Daniel  Smith  an  indigent  Person 
in  said  Town  be  supported  at  the  Expence  of  the  Town  of  Hadley  and  of  said  Dis- 
tri(;t  in  ecjual  Moieties. 

In  the  House  of  Representatives  Read  and  Concurred." — I  bid.,  p.  482. 

CJiap.  l.S.  "  June  8,  1758.  A  Petition  of  Benj*  Houghton  and  Others  Praying 
that  certain  Farms  formerly  granted  by  the  Oeneral  Court  to  seperate  Petitioners 
lying  near  the  great  Wachusett  Hill,  and  contiguous  to  Rutland  East-wing,  contain- 
ing a  Tract  of  about  six  miles  by  three  miles  in  extent,  may  together  with  the  East 
wing  of  Rutland  containing  about  the  like  quantity,  upon  which  there  are  about 
thirty  Families  already  settled,  be  erected  into  a  Township. 

In  Council  Read  aiul  Ordered  That  tlie  prayer  of  the  Petition  be  so  far  granted  as 
tliat  tho  Petitioners  have  liberty  to  bring  in  a  Bill  accordingly. 

In  the  House  of  Representatives.  Read  and  Concurred." — Council  Rccoi-ds,  vol. 
XXIL,  p.  oS2. 

Chap.  20.  "  January  26,  1759.  A  Petition  of  George  Leonard  of  Norton  in  the 
County  of  Bristol  Esq— Setting  forth  That  being  one  of  the  Manufactory  Company 
(so  called)  he  paid  in  long  since  all  the  monies  he  had  took  out,  with  Interest  thereon 
and  has  since  paid  in  his  proportion  of  all  the  subsequent  Assessments  made  by  tho 
Commissioners;  notwithstanding  which  James  Otis  Esq  brought  his  Action  against 
him  as  one  of  said  Company,  and  recovered  Judgement  against  him  in  August  last 
for  Eight  hundred  forty  thi-ee  pounds  eight  shillings  and  seven  pence  and  Costs; 
that  from  the  first  commencing  the  Process,  he  has  been  in  expectation  that  the 
said  Commissioners  would  pay  the  said  Otis's  demands,  but  that  the  said  Judg- 
ment remains  still  wholly  unsatisfied,  and  he  is  assured  Execution  will  not  be 
delayed  longer  than  February  Terra  next.  And  praying  that  said  Commissioners 
may  be  directed  to  pay  the  Sums,  so  recovered  against  him  with  his  own  Costs  out 
of  the  monies  now  in  their  hands,  or  that  he  may  be  otherwise  relieved  as  shall  be 
judged  proin.T — Also 

A  Petition  of  Benjamin  Jacob  of  Scituate  in  the  County  of  Plymouth  of  the  like 
import.  And  Praying  that  tho  said  Commissioners  may  be  directed  to  pay  him  the 
Sum  of  Sixty  seven  pounds  eleven  shillings  and  three  ))ence.  and  costs  recovered 
against  him  lay  M""  Robert  Treat  Paine  in  satisfaction  of  an  Execution  against  him 
on  said  Judgment  together  with  his  own  Costs. 

In  the  House  of  Representatives.  Reatl  and  Ordered  That  Col"  White,  Capt" 
Livermore  and  M^  Bacon  with  Such  as  the  honourable  Board  shall  join  be  a  Com- 
mittee to  take  the  Petiti(jns  of  George  Leonard  Esq  and  M""  Benjamin  Jacob  into 
consideration,  and  nqtort  what  tliey  judge  proper  for  this  Court  to  do  thereon.  In 
Council  Read  and  Concurred  and  John  Cushing  and  William  Brattle  Esq™  are 
Joined  in  the  Affair." — Council  Record.'^,  v(d.  XXIL,  p.  52."3. 

"  February  2,  175!t.  In  Council  Ordered  That  John  Cushing  Esq  bo  added  to  the 
Committee  on  the  Petition  of  George  Leonard  Esq  and  Mf  Benj"  Jacob. 

In  the  House  of  Representatives  Read  and  Concurred." — Ibid.,  p.  547. 

"October  5,  17.5!).  In  Council.  Whereas  by  a  Law  of  this  Province  made  at  the 
Session  of  the  Great  and  (Icncral  Court  in  February  last,  it  is  amoug  other  things 
enacted;  'That  the  Ci>mmissioners  for  adjusting  and  settling  the  Affairs  of  the 
'Land  Bank  or  Manufactory  Scheme  .should  forthwith  make  an  As-sessment  of 
'Three  thousand  jiounds  on  such  of  those  persons  who  were  concerned  in  said 
'Scheme  as  are  now  living  within  this  Province  whom  they  shall  judge  of  Ability 
'as  to  Estate  forthwith  t(j  i)ay  what  they  shall  be  assessed.' 

And  Whereas  the  late  partners  in  .said  S(  heme  belonging  to  many  Towns,  and 
living  scattered  in  almost  all  Parts  of  the  Province,  it  is  inqiracticaMe  for  the  .said 
Commissioners  to  come  at  the  knowledge  of  those  who  are  deceased  or  out  of  the 
Province;  or  to  the  knowledge  of  the  Circumstances  and  Ability  of  such  of  them 
as  are  living  within  the  same  without  the  further  aid  of  this  Court. — Wherefore 


232  Pkovince  Laws.  — 1758-59.  [Notes.] 

Ordered  that  the  said  Commissioners  do  forthwith  transmit  to  the  Assessors  of  the 
several  Towns  and  Districts  within  this  Province  or  to  the  Town  Clerlv  of  each 
Town  (to  be  by  him  laid  before  the  Assessors  of  the  respective  Towns  and  Districts 
whereto  such  Clerks  do  severally  belong)  a  List  of  tbe  Names  of  such  of  the  Partners 
as  (at  that  time  when  said  Scheeme  was  first  entered  into)  did  belong  to  any  such 
Town:  And  upon  the  Receipt  of  such  List,  such  Assessors  shall  and  hereby  are 
strictly  enjoined  forthwith,  and  without  any  delay,  to  transmit  to  the  said  Commis- 
sioners, or  one  of  them,  or  to  the  Secretary  of  the  Province,  to  be  lodged  in  his 
Office  an  Account  of  the  Names  of  the  said  Partners  as  are  deceased  or  removed  out 
of  the  Province;  as  also  an  Account  of  such  of  them  as  shall  survive,  ami  of  the 
Sums  last  assessed  on  such  Survivors  resi^ectively  in  such  Town  or  District  for 
their  Province  Tax. 

In  the  House  of  Representatives.  Read  and  Nonconcvirred." — Ibid.,  vol.  XXIII., 
p.  68. 

Chap.  21.  During  the  recess  between  the  first  and  second  sessions  of  the  General 
Court  tidings  had  arrived  of  the  surrender  of  Louisbourg,  and  of  the  occupation  of 
Cape  Breton;  of  Bradstreet's  successful  expedition  against  Fort  Frontenac;  of  the 
destruction  of  that  fort,  and  the  enemy's  naval  force  there,  and  of  the  enemy's 
stores  and  magazines  at  Cadaraqui.  In  his  speech  at  the  opening  of  the  second 
session  the  Governor  alhided  to  these  successes  in  terms  of  reverent  gratitude,  and 
referred  to  Abercrombie's  repulse  at  Ticoiuleroga  only  as  having  "somewhat 
delayed  matters."  He  expressed  confidence  that  now  "  tlie  very  gates  of  Canada 
must,  we  trust  in  God,  be  put  into  our  hands,"  and  that  having  "  put  our  hand 
again  to  the  plough  if  we  do  not  look  back  it  must  go  over  the  very  foundation  of 
the  enemy's  country."  After  stating  that  the  promises  of  reimbursement  by  the 
Crown  had  been  a  great  encouragement  to  the  province  he  informed  the  Assembly 
that  parliament  had  voted  £'27380,  ]9.s.  llJcZ.  to  reimburse  their  expenses  in  the  cam- 
paign of  1756,  which  he  considered  an  encouraging  assurance  for  the  future,  artd 
recommended  the  Representatives  to  make  further  provision  for  the  troops  under 
Abercrombie  and  on  the  frontiers,  and  for  the  ship  King  George.  A  committee 
appointed  to  consider  the  Governor's  speech  reported  the  next  day  (Oct.  5,)  thank- 
ing the  Governor  for  what  he  had  done  in  the  administration  of  affairs,  and  partic- 
ularly "  for  the  full  and  just  representation  of  the  distressed  state  of  the  Province  " 
made  by  him  to  Secretary  Pitt.    (See  note  to  chapter  1(3,  1759-60,  post.) 

The  legislature  this  session  passed  without  hesitation  or  dissent  the  act  providing 
for  the  reception,  &c.,  of  his  majesty's  forces,  &c.,  (chap.  8,)  in  which  the  authority 
of  the  Governor  to  i^rovide  quarters,  limited  in  the  former  act  (1757-58,  chap.  25)  to 
the  town  of  Boston,  was  extended  to  any  town  or  towns  within  the  province,  in 
anticipation  of  the  movement  of  General  Amherst's  forces  to  Albany. 

On  December  22,  Governor  Pownall  received  a  letter  from  General  Amherst, 
dated  New  York,  nine  days  before,  giving  notice  of  his  appointment  to  the  chief 
command  of  the  array,  and  urging  the  raising  of  new  levies  to  be  ready  for  the 
field  as  soon  as  the  season  would  permit. 

At  the  opening  of  the  third  session  the  Governor  congratulated  the  Assembly  on 
the  acquisition  of  Fort  DuQuesne,  which  event  occurred  since  the  last  prorogation, 
but  urged  the  necessity  of  preparing  for  another  year's  service,  which  j^romised 
"to  be  decisive."  This  was  followed  by  a  message,  on  the  first  of  January,  in 
which  the  Governor  showed  that  of  the  7000  men  voted  to  be  raised  the  previous 
year,  6925  had  been  actually  sent.  He  praised  the  Lieutenant-Governor  for  the 
address  and  promptness  which  he  had  shewn  in  arranging  the  details  of  accounts 
and  allowances  with  the  Geneval-in-chief  and  urged  the  Assembly  to  have  all 
claims  so  collected  and  adjusted  as  to  be  closed  this  year,  with  a  view  to  speedy 
reimbursement  by  parliament. 

On  the  6th  of  January  the  Assembly  voted  an  address  to  the  Governor  in  reply  to 
his  speech,  reciprocating  congratulations  upon  the  recent  victories,  approving  of  the 
plan  for  the  expulsion  of  the  French  from  Nova  Scotia,  and  promising,  "with  the 
greatest  cheerfulness",  notwithstanding  their  "burdened  and  oppressed  "  condi- 
tion, financially,  "  to  engage,  under  "  his  "  direction,  in  such  measures  as  shall  be 
found  necessary  for  the  service  of  the  year  to  come." 

Other  messages  relating  to  stoppages  for  the  detention  of  arms,  and  for  arming 
new  levies,  and  also  for  building  and  garrisoning  a  fort  on  the  Penobscot,  passed 
between  the  Governor  and  the  Assemhly  during  the  month  ensuing.  On  the  8th  of 
February  a  vote  was  passed  approving  tliis  latter  measure,  and  providing  for  a 
guard  of  400  men,  to  continue  during  the  progress  of  the  work,  and  a  garrison  of  100 
men,  to  remain  in  charge  of  the  completed  fort,  together  with  an  establishment  for 
transports,  wages  &c.;  but  there  were  no  enactments  relating  to  the  war  except 
chapter  15,  by  which  further  facilities  were  afforded  for  recruiting  for  the  army, 
and  the  rates  for  billetting  were  established. 

Measures  were  also  taken  to  secure  the  promised  reimbursement  and  to  have  the 
money  brought  over  in  a  British  shi]>of-war,  and  insured. 

The  fourth  session  began  February  28th,  and,  after  waiting  for  the  representatives 
to  arrive,  the  Governor,  on  the  second  day  of  March,  made  his  opening  speech,  hav- 
ing previously  sent  down  a  message  that  he  had  "  matters  of  the  utmost  conse- 
quence to  commimicate  to  the  Court."  He  informed  the  Assembly  of  the  deter- 
mination of  the  ministry  to  protect  the  colonies  and  to  make  a  final  decision  of  the 
contest;  of  their  call  upon  the  province  to  second  these  efforts;  of  their  promises  for 
reimbursement  of  the  expenses  of  a  new  campaign;  and  of  the  momentous  character 
of  the  measures  about  to  be  taken,  which  were  to  decide  whether  the  British  Empire 
or  a  French  kingdom  should  be  established  in  America, — from  which  latter  event,  to 
be  averted  then  or  never,  would  date  "  the  decline  of  the  British  Empire."    He 


[Notes.]  Province  Laws.  — 1758-59.  233 

concluded  with  a  hopeful  aupn^ry  from  previous  successes,  and  even  from  the  repulse 
at  Ticonderoga,  declaring  that  this  provinco  "  always  did  and  always  will  bear  its 
share  in  these  services  " ;  and  enjoining  secrecy  regarding  tlie  iia]iers  which  he  shonld 
lay  lieforo  tliem,  among  which  was  a  letter  from  Gen.  Andierst,  dated  New  York, 
February  Ki,  requesting  that  the  provincial  troops  should  be  at  Albany  by  the  tenth 
of  April,  at  farthest. 

A  committee  was  appointed  the  next  day  to  consider  this  speech.  Before  this 
committee  reported,  the  House  voted  to  reqnest  the  Governor  to  represent  to  Gen. 
Amherst  that  the  troops  of  the  last  campaign  could  not  be  paid,  for  want  of  money, 
that  it  was  equally  im])ossihle  to  raise  new  l(!vi(!s  without  advancing  additional  large 
sums,  as  bounty,  which  the  i>roviu(!e  was  unable  to  borrow,  and  to  ask  him  to  ad- 
vance the  necessary  funds,  to  be  repaid  out  of  the  money— in  thi;  hands  of  the 
Agent  of  the  jirovince  in  London — which  parliament  had  appropriated  for  reim- 
bursement.   The  Council  refused  to  concur  in  this  vote. 

On  the  fifth  of  March  the  Governor  sent  another  message,  informing  the  Assembly 
of  his  elTorts  to  prevent  impresses  for  the  navy,  and  expressing  bis  earnest  desire 
not  only  to  see  this  evil  remedied,  but  the  embargo  ended,  and  all  sailors,  enlisted 
in  the  navy  from  this  province,  accredited  to  the  jirovincial  quota,  and  so  paid  by 
the  Crown.  To  these  ends  ho  declared  that  he  had  already  procured  the  agreement 
of  Gen.  Amherst,  and  stich  promises  from  Admiral  Durell  as  left  no  doubt  of  his 
full  concurrence  when  the  arrangement  should  have  been  clearly  and  definitively 
settled. 

Votes  followed,  on  the  eighth,  for  furnishing  hospitals  and  hospital  stores,  ap- 
pointing a  committee  to  ascertain  what  medicines  were  necessary  for  the  army,  and 
appropriating  £1(X)  to  the  commissarj^-general,  for  every  1000  men  enlisted,  for  ne- 
cessaries for  the  sick  and  wounded. 

While  these  votes  were  being  prepared  and  passed,  the  committee  on  the  Gov- 
ernor's sj^eech  were  engaged  in  framing  a  report  and  resolutions  which  shotdd  prove 
acceptable  to  both  branches  of  the  legislatiin*  and  at  IIk;  same  time  meet  the  wishes 
of  the  Governor  and  Gt;n.  Amherst  in  respect  to  the  new  levies.  The  lirst  draught 
of  the  report  of  this  committee  provided  for  raising  (>(KH)  men  including  the  400  men 
at  Penobscot  Fort  and  was  read  first  in  the  Council-chamber  on  the  seventh  of 
March,  and  sent  down  to  the  Representatives.  In  the  House  it  was  read,  and  ac- 
cepted with  amendments;  one  of  which  reduced  the  whole  number  of  men  to  r)000. 
It  Wivs  then  sent  up,  in  anew  draught,  for  concurrence.  This  wa~s  on  the  tenth;  and 
the  same  day  the  Council  sent  down  a  special  message  urgently  recommending  the 
House  to  reconsid(^r  that  part  of  their  resolutions  fixing  the  number  of  men;  but  the 
House  voted  to  adhere.  On  the  twelfth,  the  Council  read  the  new  draught  sent  up 
from  the  House,  and,  after  voting  a  nonconcurrence,  recommitted  it;  at  the  same 
time  adding  five  councillors  to  the  committee,  wliich  was  ordered  to  sit  forthwith. 
They  then  sent  their  votl^s  down  for  concurrence.  The  House  still  voted  to  adhere 
to  their  former  vote,  and  refused  to  concur.  Thereupon  the  Council  voted  to  con- 
cur, with  certain  amendments — not  however  affecting  the  number  of  tlie  contingent 
—upon  which  the  House  voted  to  concur  in  all  the  amendments  save  five.  The  re- 
port was  then  newly  drawn  in  the  form  of  the  following  preamble  and  resolutions, 
which  were  passed  on  the  l-'ith  of  March  : — 

"  In  the  House  of  Representatives.  In  order  to  a  deliberate  and  mature  deter- 
mination upon  the  important  matters  recommended  liy  his  Excellency  in  his  Speech 
of  the  2(1  Instant,  the  House  find  it  necessary  to  take  into  consideration  the  dis- 
tresses brought  upon  the  Inhabitants  of  the  Province  by  means  of  the  great  Levies 
which  have  been  made  from  year  to  year  since  the  War,  and  particularly  l>y  means 
of  the  disproportioned  number  of  men  that  were  in  the  Service;  the  last  year.  The 
House  likewise  consider  that  many  of  tlie  Inhabitants  have  inlisted  this  jiresent 
year  as  Rangers  and  Batteaumen  and  in  other  Branches  of  his  Majesty's  Service; 
that  the  Government  is  now  Imrdeu'd  with  a  very  heavy  Load  of  debt,  and  the 
charges  arising  from  the  Services  of  the  last  year  are  unpaid,  and  that  it  will  be 
extreemely  dillicult  to  procure  such  a  Sum  of  Money  as  will  lie  necessary  to  be 
immediately  advanced  in  case  of  engaging  in  any  further  service.  On  the  other 
Hand  the  Honse  consider  the  importance  and  necessity  of  continuing  to  aid  and 
assist  in  such  measures  as  his  Majesty  shall  be  pleased  to  engage  in  for  the  defence 
and  preservation  of  his  Colonies;  and  they  likewise  consider  the  gracious  Assur- 
ances of  such  Comi)ensati<in  being  made  as  shall  render  the  Imrden  proceeding 
from  such  Services  .snpixirtalile;  and  upon  the  whole  It  is  Resolved  That  five 
thousand  Mi'U,  Ofticers  inclmled,  be  immediately  raised  for  his  Majesty's  general 
Service  viz'  Four  hundred  of  them  to  guard  the  Workmen  emjiloyed  in  building  a 
Fort  at  Penobscot,  for  which  Provision  is  already  made,  the  reniaining  4(MX)  to  be 
formed  into  Regiments  and  to  Ik;  under  Ofticers  from  among  the  Inhabitants  of 
this  Province  (exc(!pting  only  such  and  so  many  of  them  as  may  enter  on  board  any 
of  his  Majesty's  Ships  of  War  upon  the  terms  hereafter  mentioned)  and  to  be 
employed  in  the  intended  Expedition  against  Canada,  each  Regiment  to  consist  of 
a  mmiber  not  less  than  !KK)  Mcu.  Otlieers  inchided,  and  to  be  proportioned  upon  the 
several  Regiments,  Troops  of  Horse;,  Independant  Comjianies,  Batteries  of  Boston, 
Charlcstown,  Marblehead  and  Gloccster,  according  to  their  numbers;  and  that  in 
case  a  sufficient  number  of  Men  shall  not  inlist  ti])on  the  terms  hereafter  men- 
tioned on  or  before  flu;  sixth  ilay  of  Ajiril  next,  then  so  many  shall  bo  impressed 
as  to  make  up  4(iOO  which  with  the  4<K)  aforesaid  eompbat  the  number  of  Five 
thousan<l:  anil  that  every  Person  who  has  been  in  the  .Service  in  former  years  shall 
be  equally  liable  to  sni'h  Impress  with  tbo.sc  who  have  never  been  in  tlie  Service. 

Resolved  That  to  every  Non  Commission  Ollieer  and  Private  Soldier  of  the  said 
4'ioo  Men  who  shall  inlist  into  the  said  Service  on  or  before  4  o'clock  in  the  after- 
noon of  the  said  sixth  daj' of  April  ne.\t,  and  shall  pass  muster,  there  be  allowed 


234  PnovmcE  Laws.  — 1758-59.  [Notes.] 

and  paid  in  a  Treasurers  note  a  bounty  of  Six  pounds  and  wages  from  the  time  of 
their  Inlistment.  And  as  a  further  encouragement  It  is  Resolved  That  to  every  Non 
commission  Officer  and  private  Soldier  who  has  been  in  the  service  and  pay  of  this 
Province  in  the  years  1755,  1755,  1757  or  1758,  and  shall  inlist  into  the  said  intended 
Service  on  or  before  the  second  day  of  April  next,  there  be  allowed  instead  of 
bounty  full  Wages  from  the  20'^  day  of  November  last;  and  four  months  and  au 
halfs  wages  be  advanced  to  each  amounting  to  the  Sum  of  Eight  jiounds  two  shil- 
lings and  to  be  paid  them  in  a  Treasurers  note  at  the  time  they  pass  muster,  and 
that  all  said  Notes  be  upon  interest  and  payable  the  2<i  day  of  June  1760.  And  it  is 
further  Resolved  That  Wages  be  allowed  to  each  Private  Soldier  employed  as 
aforesaid  in  the  Land  Service  at  the  rate  of  six  dollars  ^  month  until  they  are 
discharged  said  service,  and  that  there  be  given  a  good  blanket  to  each  non  com- 
mission Officer  and  Private  Soldier  in  the  Land  Service.  Resolved  That  as  many 
of  said  men  as  his  Excellency  the  Governor,  shall  think  proper,  and  as  are  willing 
to  enter  into  the  Sea  Service  upon  such  terms  as  his  Excellency  shall  settle  with 
the  Admiral  or  Commander  in  Cheif  of  his  Majesty's  Ships  of  War  be  employed  in 
such  Service,  and  that  additional  Wages  be  allowed  over  and  above  the  ordinary 
Pay  in  his  Majesty's  Ships,  so  as  to  make  their  Wages  equal  with  the  Wages  of 
those  in  the  Land  Service. 

That  in  case  it  shall  be  found  necessary  to  cause  any  men  to  be  impressed  in 
order  to  compleat  the  4600  Men  as  aforesaid,  so  many  of  such  men  as  his  Excellency 
the  Governor  shall  think  proper  shall  be  at  liberty  to  enter  into  th(!  Sea  Service, 
but  none  shall  be  compelled  to  it.  That  the  whole  number  of  the  said  4600  men  he 
continued  in  the  Service  for  a  term  not  exceeding  the  first  of  November  next,  and 
to  be  dismissed  as  much  sooner  as  his  Majesty's  Service  will  admit. 

And  Whereas  it  will  be  necessary  that  the  Forces  should  be  allowed  billetting 
from  the  time  of  their  inlisting  until  their  receiving  the  Kings  Provision,  but  the 
present  State  of  the  Treasury  will  not  admit  of  advancing  the  same,  and  it  is  like- 
wise necessary  that  they  should  be  supplied  with  Provisions  or  allowed  billetting 
from  the  time  of  their  discharge  until  their  Arrival  at  their  several  Places  of  Abode. 
■  Resolved  That  Application  be  made  to  the  General  and  Commander  in  Cheif  of 
his  Majesty's  Forces  that  billetting  may  be  allowed  and  promised  to  each  Man  from 
the  time  of  his  Inlistment,  until  he  receives  the  Kings  Provisions  at  the  rate  of  six 
pence  Sterling  ^  day,  and  that  each  man  shall  either  be  furnished  with  Provisions 
for  his  Subsistence  from  the  place  where  he  shall  be  dismissed  until  he  arrives  at 
his  place  of  aboad,  or  that  he  be  allowed  six  pence  Sterling!^  day,  accounting  every 
fifteen  miles  distance  for  one  day,  and  the  Officers  be  allowed  Rations  according  to 
their  Rank  as  has  been  usually  given  to  the  Officers  of  his  Majesty's  Regular  Forces, 
which  proportion  the  Officers  of  the  last  year  entered  into  the  C(nvice  with  full 
expectation  of  receiving;  but  this  Court  are  informed  it  has  not  yet  been  allowed 
them 

And  Whereas  liis  Majesty  has  been  pleased  to  declare  by  his  Secretaries  of  State 
in  the  years  1756  and  1757  that  all  which  he  expected  from  this  Government  was  the 
levying,  cloathing  and  pay  of  the  men ;  and  whereas  Monies  have  been  advanced 
by  this  Government  for  other  necessary  Charges  in  expectation  of  a  Reimbursement 
from  the  Commanders  in  Cheif,  but  the  Accounts  of  such  Charges  have  been  refused 
to  be  allowed  and  such  Reimbursment  has  been  withheld,  and  Whereas  his  Ma,i- 
esty  has  been  pleased  to  repeat  in  the  most  explicit  terms  the  same  declaration  in 
a  Letter  from  the  Right  honourable  M>'  Pitt  of  the  9*  of  December  last. 

Resolved  That  his  Excellency  General  Amherst  be  acquainted  that  this  Govern- 
ment cannot  advance  any  further  Sum  than  what  shall  be  necessary  for  those  par- 
ticular Services,  and  depend  on  provision  being  otherwise  made  for  every  other 
expence  or  Article  of  Charge  that  shall  be  determined  to  be  necessary. 

And  Whereas  the  obligingthe  Forces  to  receive  Rice  instead  of  Peas  has  not  only 
been  dissatisfactory  to  the  Provincials  who  have  not  been  used  to  that  species  of 
Provisions,  but  has  also  been  as  is  apprehended  prejudicial  to  their  health  Resolved 
That  the  Commander  in  Cheif  of  his  Majesty's  Forces  be  acquainted,  that  it  is  the 
desire  of  this  Government  that  a  sufficient  quantity  of  Peas  may  be  provided  for  the 
Service  of  the  present  year.  In  Council.  Read  and  Concurred  Consented  to  by 
the  Governor." — Covncil  Records,  vol.  XXII.,  p.  583. 

In  the  original  report,  March  30th  was  the  day  fixed  for  the  impress,  from  which 
all  were  exempted  who  had  been  impressed  the  previous  year,  and  had  received  no 
bounty,  and  such  as  had  then  enlisted  and  had  received  no  pay  (excejrt  the  bounty). 
As  an  inducement  for  enlisting,  however,  all  persons  who  had  been  in  the  service 
in  1755,  or  since,  and  who  should  enlist  on  or  before  March  26,  1759,  were  to  receive 
whole  wages  from  November  20,  1758,  and  half  wages,  for  the  same  period,  if  they 
should  enlist  before  two  oclock  in  the  afternoon  of  March  30th.  One  month's  pay 
was  also  to  be  advanced.  Still  further  encouragement  was  given  in  subsequent  votes 
which  provided  for  extra  equipments  and  clothing.  The  date  of  the  impress  was 
subsequently  changed  to  April  2d,  and,  in  the  resolutions  as  finally  reported,  it  was 
postponed  to  April  9th,  which  waS  the  subject  of  a  special  message  from  the  Gover- 
nor to  the  Assembly  on  the  14th — whereu]Don  the  resolutions  were  amended  by 
changing  the  date  to  the  sixth. 

"  March  16,  1759.  The  Deputy  Secretary  by  order  of  his  Excellency  the  Governor 
delivered  the  following  Message  to  the  House  of  Representatives  viz* 

Gentlemen  of  the  House  of  Representatives  After  all  the  difficulties  which  have 
attended,  the  Resolves  to  raise  Men  at  his  Majesty's  desire  for  this  year's  Campaign, 
and  after  all  the  difficulties  that  will  attend  the  Execution  in  my  hands  as  things 
now  are;  There  remains  nothing  now  that  can  absolutely  obstruct  my  raising  the 
number  you  have  voted,  so  as  to  be  of  any  use  to  his  Majesty,  but  my  not  being 
able  to  get  such  Colonels  and  Officers  as  I  can  confide  in,  as  I  know  will  not  abuse 


[Notes.]  PROvmcE  Laws.  — 1758-50.  235 

the  Men,  as  I  can  trust  will  do  Justice  to  the  Country,  do  honour  to  the  Province, 
and  do  his  Majesty  that  Service  which  he  expects  from  the  Province  Troops.  I  can- 
not be  ignorant  that  the  Wages  wliich  the  House  Voted  for  the  Colonels  last  year 
was  upon  the  consideration  that  such  Colonels  were  to  receive  six  Rations  of  the 
Kings  Supplies;  It  is  now  known  to  the  House  (if  it  be  not,  the  House  may  see  it  in 
the  Letter  herewith  sent)  That  by  the  Regulations  of  the  Army  in  America  the  OHi- 
cers  receive  but  one  Ration.  I  can  make  no  doubt  but  the  Justice  of  l\u:  House  will 
consider  this  in  the  Provision  they  make  for  the  Colonels  Wages,  and  why  these 
Officers  who  have  been  in  the  Service  in  tlio  years  175"),  175(>,  1737  and  1758,  and 
have  suffered  greatly  without  any  Relief  should  not  be  intitled  to  pay  from  the 
same  time  as  the  Men  is  liable  to  be  construed  as  a,  disgrace  thrown  on  their  Ser- 
vices. 

If  by  these  Savings  the  House  hope  those  may  be  got  to  go,  who  will  go  cheapest: 
— those  only  that  are  least  tit  and  most  unworthy  are  readiest  to  go  on  such  terms  — 
Perhaps  Such  only  as  may  have  hopes  of  makhig  up  this  deficiency  by  ways  wlii(^h 
no  man  of  Honour  would  go  into— I  must  therefore  desire  it  of  the  I  louse  to  have 
the  same  regard  to  the  Service  of  these  their  Officers,  as  to  that  of  the  ^leu.  And  as 
not  only  the  Welfare  and  Well  doing  of  the  men,  l)ut  the  Good  to  be  expected  from 
the  Forces,  the  Province  sends  to  the  Kings  Service  intirely  depends  upon  the 
Faithfulness  and  Goodness  of  the  Otticers. — tlic  i)utting  me  in  a  situation  not  to  be 
able  to  get  such  Officers  is  undoing  with  on(>  liand  what  has  been  done  witli  the 
Other: — I  must  here  also  remind  the  House  that  the  delay  in  compleating  the  sev- 
eral Provisions  for  raising  tlie  Men  renders  it  impracticable  for  ine  to  issue  the' 
Proclamation,  without  which  every  thing  remains  at  a  Stand. 

T:  PowNALL." — Council 
Records,  vol.  XXII.,  p.  600. 

"  By  his  Excellency  Thomas  Pownall  Esq.  Captain  General  and  Governour  in 
Cheif,  in  and  over  His  Majesty's  Province  of  the  Massachusetts-Bay  in  New  England, 
and  Vice-Admiral  of  the  same. 

A  Proclamation. 

His  Majesty  ha%ing  nothing  more  at  Heart  than  by  the  most  vigorous  and  exten- 
sive Efforts  to  avert,  by  the  Blessing  of  God  on  his  Arms,  all  Dangers  which  may 
threaten  North-America  from  any  future  Irruptions  of  the  French,  hath  determined 
in  this  urgent  and  decisive  Crisis  to  make  a  general  Invasion  of  Canada,  and  to 
carry  War  into  the  Heart  of  the  Enemy's  Country;  and  now  calls  uiion  his  faithful 
and  brave  Subjects  of  New  England  to  join  and  co-operate  with  that  Body  of  his 
Forces  which  he  hath  been  plciised  to  destine  for  that  Service;  And  in  a  just 
grounded  Expectation  that  the  best  Gentlemen  and  Freeholders  will  Engage  in  the 
Service  at  This  Good  Time,  His  Majesty  is  graciously  pleased  to  Grant  to  the  Officers 
of  his  American  Forces  a  Rank  and  Command  equal  to  the  Officers  of  his  British 
Forces,  exce]-it  that  tin;  Officers  of  the  ^^other-Count^y  are  in  their  respective  Ranks 
to  be  considered  as  Seniors  to  those  of  the  Provinces. 

His  Majesty  is  further  Pleased  to  furnish  and  Provide  the  Forces  witli  Arms, 
Ammunition,  Tents  and  Provisions;  and  as  most  People  in  North  America  have 
Arms  of  their  own,  which  from  their  being  accustomed  to,  and  being  so  much 
lighter  than  the  Tower-Arms,  must  bo  more  agreeable  and  projier  for  them,  Gen- 
eral Amherst,  ;us  an  Encouragement  for  their  coming  provided  with  good  IMuskets, 
engages  to  pay  for  every  one  they  shall  so  bring  that  may  be  spoiled  or  lost  in  actual 
Service  at  the  Rate  of  Twenty-fiVe  Shillings  Sterling. 

And  Whereas  This  His  Majesty's  Province,  in  full  Confidence  of  his  wise  Meas- 
ures, and  in  Pursuance  of  His  Royall  Pleasure,  have  resolved  to  raise  a  Number  of 
Men,  under  Officers  Inhabitants  of  this  Province,  and  have  made  Provision  for  the 
Levying  and  Support  of  such  to  the  first  Day  of  November  next,  said  to  be  then 
dismissed,  or  as  much  sooner  as  His  Majesty's  Service  will  Admit;  anil  for  F^ncdur- 
agement  to  the  People  to  inlist,  have  cngagi^d,  '  That  to  every  Non-<'ouiinissiou 
'  Officer  and  Soldier  who  shall  inlist  into  tlie  said  Service  on  or  before  Four  o'clork 
'in  the  Afternoon  of  the  sixth  Day  of  April  next,  and  shall  pass  Muster,  there 
'be  allowed  and  paid  in  a  Treasurer's  Note,  a  Bounty  of  Six  Pounds  and  Wages 
'from  the  Time  of  his  Inlistmeut,  and  to  every  Non-conmiission  Othcer  or  Soldier 
'  who  has  been  in  the  Service  and  Pay  of  tills  Province  in  the  years  1755,  17511.  1757, 
'or  1758,  and  shall  inlist  into  the  said  intended  Service  on  or  before  the  second  Day 
'of  April  next,  there  be  allowed  Eight  Pounds  Two  Shillings,  and  ^laid  him  in  a 
'  Treasurer's  Note  at  the  Time  he  shall  pass  Muster;  and  that  all  the  said  Notes  be  on 
'Interest,  and  payable  the  second  Day  of  June  17G0: — That  to  each  Si  itdier  who  shall 
'  proceed  in  this  Year's  Campaign,  there  be  likewise  allowed  a  good  Blanket  a  Kna[>- 
' sack, and  a  wooden  Bottle  or  Canteen;  and  that  to  ea<"h  Non-commission  Officer  or 
'Private,  there  be  advanced  Six  Pence  Sterling  a  Day  for  Sul)sistance,  from  the 
'Time  of  his  Inlistmeut  or  being  Impressi-d  unfil  he  arrive  at  Worcester;  to  bo  paid 
'  upon  his  Marching  off  with  the  Company  where  the  said  Company  is  lollccted ;  The 
'same  Subsistence  to  be  likewise  paid  to  those  who  go  by  Water  at  the  Time  of  their 
'Embarkation;  ami  Wages  to  each  Private  Soldier  at  the  rate  of  Six  Dollars  ))er 
'  Month:— And  for  the  further  Encouragement  of  the  Service,  this  Government  has 
'likewise  engaged  to  allow  to  each  Mess  of  Six  Men,  two  Tin-Kettles;  containing 
'Ten  Quarts  each,  and  a  Hatchet;  and  Thirty  Watch-Coats  to  each  Reginn-nt: — 
'And  likewi.se  to  provide  Hospitals,  Hospital-Stores  and  Medii-inrs  fur  the  Sirk; ' — 

I  Do  therefore  hiTcby  promise  in  His  Majesty's  Name,  and  in  behalf  of  His 
Majesty's  Province  of  the  Massachusetts-Bay,  that  there  shall  be  a  full  Compliance 
with  the  Aforementioned  Articles. 

And  I  do  further  promise  a  Pardon  to  all  such  Soldiers,  who  being  in  the  Pay  of 
this  Province,  did  in  any  former  years  desert  the  Service,  provided  they  shall  inlist 
therein  for  the  present  Campaign,  on  or  l)efore  the  Sixth  Day  of  April  as  aforesaid. 


236  PROvrNCE  Laws.  — 1758-59.  [Notes.] 

Given  at  tlie  Council  Chamber  in  Boston,  the  Seventeenth  Day  of  March,  1759, 
In  the  Thirty-second  Year  of  the  Reign  of  our  Sovereign  Lord  George  the  Second, 
by  the  Grace  of  God,  of  Great  Britain,  France  and  Ireland,  King,  Dei'ender  of  the 
Faith,  &c 

By  his  Excellency's  Command,  T.  Pownall. 

A.  Oliver  Secfy 

God  Save  the  King." — Record  of  Civil  Commissions, 
vol.  2|,  p.  74.  in  Secretary's  Office. 

"  March  20,  1759.  The  Secretary  by  order  of  his  Excellency  having  prepared  the 
Draft  of  a  Proclamation  for  the  Encouragement  of  Seamen  and  others  to  Inlist  into 
his  Majesty's  Service  on  board  the  Royal  Navy  on  the  Terms  proposed  by  Admiral 
Durell— His  Excellency  was  pleased  to  order  the  same  to  be  Read  and  to  desii'e 
the  Opinion  of  the  Council  thereon. 

The  Board  were  of  Opinion  that  said  Proclamation  should  be  issued,  as  tending 
to  promote  His  Majesty's  Service  in  the  Operations  of  the  Current  Year." — Executive 
Records  of  the  Council,  vol.  4,  p.  62. 

"  By  His  Excellency  Thomas  Pownall,  Esq;  Captain  General  and  Governour  in 
Cheif,  in  and  over  His  Majesty's  Province  of  the  Massachusetts-Bay  in  New  England, 
and  Vice  Admiral  of  the  same. 

A  Proclamation. 

Whereas  the  Great  and  General  Court  have  agreed  to  raise  Five  Thousand  Men 
for  the  Campaign  this  Present  year  1759;  And  have  Resolved,  That  as  many  of  said 
Men  as  I  shall  think  proper,  and  as  are  willing  to  enter  into  the  Sea  Service  upon 
such  Terms  as  I  should  settle  with  the  Admiral  or  Commander  in  Chcif  of  his  Maj- 
esty's Ships  of  War,  be  employed  in  such  Service,  and  that  Additional  Wages  he 
allowed  over  and  above  the  ordinary  Pay  in  his  Majesty's  Ships,  so  as  to  make  their 
Wages  equal  to  the  Wages  of  those  in  the  Land  Service. 

In  order  therefore  to  promote  a  Measure  so  essential  to  his  Majesty's  Service,  I 
have  thought  fit  to  issue  this  Proclamation,  hereby  making  known  that  Admiral 
Durell,  Commander  in  Cheif  of  His  Majesty's  Ships  of  War  at  Halifax,  has  engaged 
to  discharge  all  such  Men,  as  shall  Inlist  for  the  Service  aforesaid,  agreeable  to  the 
■Time  they  shall  engage  for,  or  at  the  End  of  the  ensuing  Campaign  1759;  and  that 
they  shall  not  be  carried  to  Europe  or  the  West  Indies;  but  shall  be  Discharged  and 
sent  to  Boston  in  'Transports  for  that  Purpose: — That  each  Man  who  shall  thus  Inlist 
shall  receive  his  Majesty's  Royal  Bounty  of  Forty  shillings  Sterling;  that  their 
Wages  shall  commence  at  the  Time  of  their  Entring,  notwithstanding  they  may  be 
at  a  Distance,  and  that  their  Pay  Tickets  shall  be  made  out  from  the  Time  of  their 
Entering  to  the  Day  of  their  Discharge;  and  that  they  shall  pass  free  from  being 
Impressed  on  their  Passage  home. 

The  Admiral  has  further  Assured  Me,  that  if  among  the  Men  who  shall  inlist, 
there  are  any  that  understand  navigating  a  Ship,  and  are  qualified  for  that  Purpose, 
he  will  give  them  all  Encouragement  he  is  able,  by  enabling  them  to  act  as  Mid- 
shipmen; and  further  promises,  That  the  Men  of  sucb  Towns  as  shall  appear  by 
my  Certificate  to  have  done  their  Share  in  this  Service,  shall  be  free  from  all  Im- 
presses by  Sea. 

And  I  do  hereby  engage  in  behalf,  both  of  the  Province  and  of  the  Admiral,  that 
the  foregoing  Conditions  shall  be  duly  complied  with;  and  that  the  Men  who  shall 
inlist  as  aforesaid,  shall  likewise  receive  the  Province  Bounty,  agreeable  to  My 
Proclamation  of  the  17th  Instant,  and  be  punctually  Discharged  at  the  Time  they 
shall  inlist  for:  And  that  whatever  Number  of  Men  any  Town  or  Company  shall 
raise  for  this  Service,  shall  be  esteemed  as  Part  of  their  Quota  of  the  Five  Thousand 
Men  agreed  to  be  raised  by  this  Government  for  the  general  Service  of  the  year. 
And  for  the  greater  Certainty  and  Precision  in  this  Matter  I  have  ordered  the 
Inlistments  to  be  made  on  the  back  of  this  Proclamation  as  the  Conditions  of  the 
Men's  Inlistment. 

Given  at  Boston,  the  29"i  Day  of  March  1759,  in  the  Thirty-second  Year  of  his 
Majesty's  Reign. 

By  his  Excellency's  Command.  T.  Pownall. 

A.  Oliver  Secry. 

God  Save  the  King." — Records  of  Civil  Commissions, 
vol.  2^,  p.  76,  in  Secretary's  Office. 

"  March  19,  1759.    The  Secretary  by  order  of  his  Excellency  the  Governor  deliv- 
ered the  following  Message  to  the  two  Houses  respectively  viz' 
*  Gentlemen  of  the  Council  &  House  of  Representatives. 

In  order  to  the  duly  carrying  into  execution  the  Levy  you  have  made  provision 
for,  you  have  laid  Penalties  on  the  Officers  of  the  Militia  who  shall  neglect  to  per- 
form their  duty  in  raising  their  respective  Quotas. 

I  must  acquaint  You  that  last  year  after  the  Officers  of  the  Militia  had  done  their 
duty;  a  great  defect  in  the  Execution,  great  trouble  in  the  Country,  and  much  unne- 
cessary harassing  the  Men,  arose  from  the  neglect  of  the  Expedition  Officers  to 
attend  duly  the  Militia  Officers,  and  to  receive  of  them  the  Men  after  the  Militia 
Officers  had  had  the  trouble  of  raising  them; 

I  must  therefore  recommend  it  to  You  to  affix  some  sufficient  Penalty  on  such 
Expedition  Officer  as  shall  neglect  to  Obey  such  orders  as  he  shall  receive  from  Me 
or  his  Commanding  Officer,  to  attend  the  Militia  Officers,  to  receive  of  them  the 
Men  raised,  and  duly  to  march  them  off. 

T.  Pownall." — Coimcil 
Records,  vol.  XXII. ,  p.  606. 

"  March  20,  1759.  The  Secretary  by  order  of  his  Excellency  the  Governor  deliv- 
ered the  following  Message  to  the  House  of  Representatives  viz' 


[Notes.]  Province  Laws.  — 1758-59.  237 

Gentlemen  of  tbe  House  of  Kepresentativea.  A3  General  Abercrouiljy*  can- 
not according  to  the  Word  of  the  Kings  Order  direct  provisions  to  be  issued 
to  any  other  Troops  than  Such  as  go  into  the  Kings  Service  under  the  Generals 
Couiiuaiid.  I  must  recommend  it  to  you  to  make  provision  for  the  Subsistence 
of  the  Four  hundred  men  employed  in  the  Service  of  Tcnobscut:  But  as  I  appre- 
hend that  at'cording  to  the  Spirit  of  said  Order  the  General,  when  he  considers  it, 
may  find  himself  warranted  to  make  this  Allowance  to  such  Trooi>s  as  are  any 
where  employed  in  tlie  Kings  General  Service,  I  will  apply  to  him  tlicrclnre.t 

T.   POW.NALL."-/ /</(/.,  p.  G12. 

"March  21,  n'>9.  lu  Council.  Whereas  many  Persons  liable  by  Law  to  train 
may,  and  some  have  removed  out  of  the  Company  whereto  they  belong  merely  to 
avoitl  being  warned  to  attend  tin;  Muster  by  Law  apjiointed  on  the  <»">  of  April  next. 
Therefore  Voted  That  it  is  the  desire  of  this  Court  that  every  such  Person  be  noti- 
fied of  the  Training  aforesaid;  and  that  every  such  person  that  shall  be  thereof 
notified  either  i)ersonally  or  by  delivering  him  a  Notification  of  the  ai)pointinent  of 
the  Training  aforesaid  by  the  Act  aforesaid  by  any  person  and  in  any  place  in  this 
Province,  shall  be  as  much  obliged  to  attend  the  Muster  aforesaid,  as  if  he  had  been 
notified  by  a  Sergeant  or  Corporal  in  the  Company  whenuinto  he  belongs,  and  be 
liable  to  the  same  Penalty  for  Non-appearance:  And  every  person  notifying  aa 
aforesaid  is  desired  to  send  the  Captain  of  the  Comujiny  whereto  such  persons  be- 
long an  Account  tliereof. 

In  the  House  of  Representatives.    Read  and  Nonconcurred."— 76/(/.,  p.  614. 

"  April  24,  1759.  In  the  House  of  Representatives— The  House  took  under  consid- 
eration the  Letter  laid  before  them  by  order  of  his  Excellency  the  Governor  from 
Ezra  Richmond  Esq  respecting  Quakers  &<=  passed  the  following  Vote  viz' 

Resolved.  That  his  Excellency  the  Governor  be  desired  to  direct  the  Colonels  of 
the  several  Regiments  wherein  there  are  Quakers  to  make  return  into  the  Secre- 
tary's Olfice  (as  soon  as  may  be)  of  what  number  of  Quakers  there  are  belonging  to 
each  Towu  in  their  respective  Regiments  at  the  time  of  the  Levies  the  last  and 
present  Year;  wiiat  the  proportion  of  each  of  such  Towns  then  was  of  Quakers  to 
the  701H1  Men  then  to  be  raised;  what  Men  they  hired  in  lieu  of  the  Quakers,  and 
for  what  Towns  respectively,  and  what  thej'  gave  to  the  men  so  hired.  Also  as 
soon  as  may  be,  to  make  a  return  to  the  Secretary's  Ofilce  what  number  of  Quakers 
there  were  in  each  respective  Town  within  their  respective  Regiments  at  the  time 
of  the  making  the  last  Levies  and  what  the  proportion  of  Quakers  to  each  Town 
wlK'rein  there  are  Quakers,  was  to  such  Levies,  and  what  they  gave  to  the  Men  so 
liired.  In  Council.  Read  and  Concurred.  Consented  to  by  the  Governor. — Ibid., 
p.G&i. 

Chap.  22.  "  March  29,  1759.  Upon  a  Question  moved  by  his  Excellency,  Whether 
any  Inhabitant  of  this  Province  liable  to  Train  and  being  duly  Warned  (agreeable 
to  a  late  Act  of  said  Province  made  for  the  speedy  levying  of  Soldiers  for  an  intended 
Expedition  against  Canada)  to  Appear  at  the  muster  to  be  had  on  the  Sixth  day 
of  April  next  and  shall  neglect  to  Attend  will  not  (in  the  Opinion  of  the  Board)  be 
liable  to  the  penalty  by  said  Act  assigned  for  such  Delinquency  altho'  after  such 
Warning  or  Notice  given— He  should  iulist  himself  into  any  other  Military  Service 
whatsoever? 

It  was  Resolved  in  the  Affirmative. 

Upon  a  further  Question  moved— Viz' 

Whether  any  Per.son  so  Warned  be  at  liberty  to  Inlist  into  any  Military  Service 
save  to  that  winch  he  is  Warned. 

Resolved  in  the  Negative." — Executive  Records  of  the  Council,  vol.  4,  p.  02. 

Chap.  24.  "  April  20,  1758.  In  the  House  of  Representatives  Whereas  many 
private  Soldiers  rai.sed  by  this  Government  for  his  Alaiesty's  Service  the  last  Year 
under  the  Command  of  his  Excellency  the  Earl  of  Loudoun  were  killed  or  died  in 
that  Service  leaving  no  Real  Estate,  and  but  little  more  of  Personal  Estate  than 
their  Wagiis. 

Therefore  Resolved.  That  in  every  such  case,  the  Widow  of  said  deceased  Sol- 
dier, or  the  next  of  kin  to  said  Intestate  shall  and  hereby  is  impoweretl  to  receive 
such  Wages  without  taking  Letters  of  Administration  on  such  deceased's  Personal 
Estate,  And  that  th(!  Treasurer  be,  and  hereby  is  directed  to  jiay  them  accordingly, 
they  to  be  alike  accountable,  and  liable  to  the  Actions  of  the  Creditors  &  Heirs  as  if 
they  had  taken  Letters  of  Administration.  In  Council.  Read  and  Concurred." — 
Council  Ri'.cordif,  vol.  XXII..  p.  '.\\\. 

"February  1,  1759.  In  the  House  of  Representatives  Voted  That  the  Province 
Treasurer  b<!,  and  he  is  Iicreby  directed  to  pay  to  the  Widows  of  those  Soldiers  who 
died  in  the  last  Campaign  or  after  their  return  home,  the  Wages  respectividy  due  to 
such  deceased  Soldi(;rs  as  are  borne  on  the  respective  Rolls.  In  Council  Read  and 
Nonconcurred." — Ibid.,  p.  540. 

Chap.  27.  October  0,  ]7."i8.  The  Selectmen  of  the  Town  of  Bo.ston  having  pre- 
sentecl  a  Memorial  to  his  Excellency  the  Governor— Praying  that  suoh  j)rovision 
may  be  made  for  the  receptitju  and  quartering  of  such  of  his  Majesty's  Forces  aa 
may  be  thought  neiiessary  to  be  quartered  in  or  near  said  Town,  as  will  be  most  for 
their  Accomodation  and  Comfort,  and  the  Peace  and  good  Onler  of  the  Inhabitanta 
— His  Excellency  sent  the  following  Message  by  the  Secretary  to  tho  two  Hoiises 
viz' 

•  Sic  :  Araherfit?  f  Sic  :  thert-for? 


238  Province  Laws.  — 1758-59.  [Notes.] 

Gentlemen  of  the  Council  and  House  of  Representatives 

I  have  received  the  annexed  Memorial  from  the  Town  of  Boston,  the  Remedy 
against  the  Evils  so  justly  apprehended,  should  there  be  no  suitable  provision  made 
for  the  reception  of  the  Troops  expected  is  an  Object  of  the  Legislature.  I  must 
therefore  recommend  to  your  consideration  such  ways  and  means  as  may  prove  a 
suitable  Remedy. 

Province  House  Ocf  6.  1758  T.  Pownall."— Co?tnci7 

Records,  vol.  XXII.,  p.  414. 

"  October  10,  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. 

Being  applied  to  by  Colo  "Williamson  for  Quarters  in  Boston  for  a  Number  of 
Soldiers  under  his  Command  now  on  board  the  Transports  in  the  Harbour,  And 
finding  that  the  Law  making  provision  in  such  Cases  is  expired,  I  must  apply  to 
You  for  such  an  Act  of  Legislature  as  is  requisite  to  impower  the  Civil  Magistrate 
to  do  what  is  needful  in  such  Cases. 

Council  Chamber  Octor  10.  1758.  T.  Pownall."— 76id.,  p.  421. 

Chap.  28.    See  notes  to  chap.  21,  ante. 

Chap.  29.  "  March  20,  1759.  M""  Hatch  from  the  House  of  Representatives  camo 
up  to  the  Board  with  a  Message  proj)osing  in  the  Afternoon  to  come  to  the  choice 
of  Collectors  of  the  Excise  for  the  year  ensuing  by  joint  Ballot  of  the  two  Houses, 
and  desiring  the  Concurrence  of  the  Board  therein 

Thomas  Hancock  Esq  from  the  Board  went  down  to  the  House  of  Representatives 
with  a  message  acquainting  them  that  the  Board  agree  to  their  Proposal  of  choosing 
Collectors  of  the  Excise  by  joint  Ballot  of  the  two  Houses  in  the  Afternoon." — Coiui- 
cil  Becords,  vol.  XXII.,  p.  (ilO. 

"  March  20,  175:).  Tlie  two  Houses  according  to  Appointment  proceeded  to  the 
choice  of  Collectors  of  Excise  for  the  several  Counties  within  the  Province  agreea- 
ble to  An  Act  made  and  passed  in  the  present  Year  of  his  Majesty's  Reign  intituled 
— An  Act  for  granting  unto  his  Majesty  an  Excise  upon  Spirits  diistilled  and  Wine^ 
and  n]ion  Limes,  Lemmons  and  Oranges. — when  the  following  persons  were  chosen 
by  a  Major  Vote  of  the  Council  and  House  of  Representatives  viz' 

For  the  County  of 

Suffolk Mr  Thomas  Fletcher 

Middlesex M^'  John  Remington 

Essex Daniel  E^dcs  Esq. 

Hampshire M^  Gad  Lyman 

Worcester '      .    Gardiner  Chandler  Esq. 

Plymouth M'  John  Cushing 

Barnstable .    M^  Daniel  Davis 

Bristol M""  Seth  Williams  jun' 

York Ms  Daniel  Clark 

Dukes  County M""  Ichabod  Wiswall 

Nantucket M^  Thomas  Arthur 

The  Secretary  having  laid  before  his  Excellency  the  Governor  the  foregoing  List, 
his  Excellency  was  pieased  to  write  thereon  as  follows, 

I  consent  to  the  above  Elections 

T:  POWNALL." 

—Ih!d.,p.GlZ. 

"  June  7,  1759.  A  Petition  of  Jonathan  Morton  of  Hatfelld — Setting  forth  That 
not  long  after  the  jiublication  of  the  late  Excise  Act,  he  being  possessed  of  an  hogs- 
head of  Rum  did  innocently  as  being  ignorant  of  the  Law,  sell  the  same,  altho  He 
had  no  permit  as  the  Law  requires  to  sell  such  Liquors.  That  the  Excise  upon  said 
Rum  has  been  duly  paid,  but  the  Collector  l)eing  under  Oath  thinks  himself  obliged 
to  prosecute  the  Petitioner  for  the  Penalty  of  the  Act,  although  he  is  himself  satis- 
fied with  respect  to  the  duty  of  Excise,  as  appears  by  his  Certificate  annexed.  And 
Praying  Relief. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Collector  be  directed 
not  to  prosecute  the  Petitioner  for  any  Violation  of  the  Law:  it  appearing  that  the 
Excise  for  the  Rum  sold,  has  been  duly  paid  to  the  Collector.  In  Council.  Read 
and  Concurred. 

Consented  to  by  the  Governor. 

A  Petition  of  Oliver  Partridge  in  behalf  of  John  Dickinson  of  Hatfeild — Settin" 
forth  That  the  said  John  in  the  month  of  August  last,  having  no  Permit  to  seU 
spirituous  Liquors  did  ignorantly  sell  one  barrell  of  Rum  for  which  as  appears  by 
the  Collectors  Certificate  the  duty  of  Excise  has  been  paid.  And  Praying  he  may 
be  exempted  from  the  Penalty  of  the  Law  for  selling  as  aforesaid. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Collector  be  directed 
not  to  prosecute  the  Petitioner  said  John  Dickinson  for  any  violation  of  the  Law. 
It  appearing  that  the  Excise  for  the  Rum  sold  has  been  duly  paid  to  the  Collector. 
In  Council.    Read  and  Concjurred. 

Consented  to  by  the  Governor." — Ihkl.,  vol.  XXIII.,  p.  21. 

"  June  7,  1759.  A  Petition  of  Timothy  Nash  of  Road-Town— Setting  forth  That 
he  hath  a  permit  in  common  form  for  the  selling  of  Rum  at  his  dwelling  House  or 
Store  in  said  Road  Town,  but  that  he  hath  inadvertently  and  without  any  design  of 
defrauding  the  Government  sold  Rum  elsewhere,  for  which  he  hath  nevertheless 
paid  the  duty  of  Excise.  And  praying  that  he  may  be  exempted  from  the  Penalty 
of  the  Law  for  selling  as  aforesaid. 

In  the  House  of  Representatives.    Read  and  Ordered  That  the  Collector  be  di- 


[Notes.]  Phovince  Laws.  — 1758-59.  239 

rected  not  to  prosecute  the  Petitioner  for  any  violation  of  the  Law,  it  appearing  that 
the  Excise  for  the  Rum  sold  has  been  duly  paid  to  the  Collector.  In  Council. 
Read  and  Concurred 

Consented  to  by  the  Governor." — Ibid.,  p.  22. 

"  Juno  7,  1759.  A  Petition  of  Martyn  Phelps  of  Northampton— Set  ting  forth  That 
He  is  licensed  to  be  a  retailer  of  strong  Liquors  in  said  Town.  That  lie  purchasing 
two  barrel  Is  of  Rum  at  Boston  for  tlmt  purpose,  was  transporting  tIks  same  home, 
hut  to  accomodate  an  Iimholder  in  said  Town  about  four  miles  before  he  readied 
home  did  inadvertently  sell  one  of  said  barrells  of  rum,  but  without  any  Intention 
to  defrautl  the  Governmeut,  and  has  duly  paid  the  duty  of  Excise  thereon.  And 
praying  he  may  be  exempted  from  the  penalty  of  the  Law  for  so  doing. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Collector  bo  di- 
rected nor.  to  prosecute  the  Petitioner  for  any  violation  of  the  Law.  It  a]ii)earing 
that  the  Excise  for  the  Rum  sold  has  been  duly  paid  to  the  Collector.  In  Council. 
Read  and  Concurred. 

Consented  to  by  the  Governor. — Ibid. 

"  June  12,  1751).  A  Petition  of  Jeremiah  Green  Esq — Setting  forth  That  one 
Thomas  Stinsou  a  person  admitted  a  Retailer  of  Rum  &<>  in  the  Town  of  Bostoif,  is 
employed  by  the  Petitioner  to  manage  the  affairs  of  his  Distill-house,  and  appro 
heiiding  that  by  his  License  he  was  at  liberty  to  Sell  Rum  and  other  distilled  Licj- 
uors  from  said  Still  house,  accordingly  so  did,  and  kept  a  particular  account  of  the 
same,  and  rendered  said  Account  to  the  Collector  of  Excise,  and  is  ready  to  jiay  the 
duty  according  to  Law.  That  John  Hill  Esq  and  two  others  retailers  and  permitted 
persons  received  of  said  Stinson  three  hogsheads  of  Rum,  and  in  their  account  ex- 
hibited liy  mistake  that  said  Rum  was  bought  of  the  Petitioner,  when  in  fact  it  wa.s 
bought  of  said  Stinson  and  he  has  riMulcred  an  Account  thereof  to  the  Collector  as 
sold  to  tliem.  Yet  M""  Thomas  Fletclier  the  Collector  thinks  himself  l)Ound  by  his 
Oath  to  prosecute  the  Petitioner  for  selling  said  Rum  contrary  to  Law,  although  he 
is  at  the  same  time  satisfied  there  was  no  design  to  defraud  the  Government  of  the 
duty,  and  lia-s  certified  that  the  same  has  been  paid — Therefore  Praying  Releif. 

In  the  House  of  Rei)resentatives  Read  and  Ordered  That  the  Collector  of  Excise 
be  direi-ted  not  to  prosecute  the  Petitioner.  Provided  He  duly  pays  the  Excise  to 
him  for  tlio  Rum  mentioned,  the  omission  in  presenting  his  Account  notwithstand- 
ing.    In  Council.    Read  and  Coucurred. 

Ctmsented  to  by  the  Governor." — Ibid.,  p.  43. 

'■  .lanuary  24,  1760.  A  Petition  of  Daniel  Clarke  Collector  of  the  Excise  upon 
Spirits  &<=  for  the  County  of  York — Setting  forth  That  as  the  County  is  of  large  ex- 
tent He  is  at  great  trouble  and  expence  in  Collecting  the  duties  of  Excise.  And 
Praying  a  further  Allowance. 

Ill  tlie  House  of  Representatives  Read,  and  in  asmuch  as  the  County  of  York  is  of 
so  large  an  Extent  as  renders  it  very  Inconvenient  to  the  Petitioner  to  collect  the 
Excise  at  three  per  Cent.  Therefore  Voted  That  the  Petitioner  be  allowed  two  per 
Cent  in  addition  to  the  said  three  per  Cent,  making  in  the  whole  five  4P'  Cent  from 
March  25.  17.5!)  to  March  25.  17(;0. 

In  Council.  Read  and  Concurred.  Consented  to  by  the  Governor." — Ibid., p. 
203. 

"  April  2t),  17(iO.  A  Petition  of  Philip  Masters  of  Boston  Retailer — Setting  forth 
his  distressed  Circumstances  by  reason  of  the  late  Fire  wherein  he  lost  his  House, 
and  almost  every  thing  in  it,  and  among  other  things  tlie  money  he  had  laid  by  to 
pay  til'.'  duties  of  Excise  for  the  last  half  Year.  And  Praying  that  the  said  duties 
may  be  remitteil  him. 

In  the  House  of  Representatives  Read,  and  in  Answer  Ordered  That  the  Excise 
due  from  the  Petitioner  to  the  Governmeut  from  the  25'^  March  175!)  to  24:  March  fol- 
lowing be  remitted  to  him.  And  that  the  Commissioner  of  Excise  on  spirituous  Liq- 
uors for  th(^  County  of  Suffolk  for  the  Year  175!)  govern  himself  accordingly. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— /6/ti.,  p.  378. 

See,  also,  notes  to  1759-tJO,  chap.  28. 

Cliop.  .32.  Neither  the  time  limited  for  enlistments,  in  the  resohrtions  of  March 
l">th,  nor  the  number  of  men  voted  to  be  raised,  seems  to  have  met  the  (Governor's 
expectation  or  desire,  and  on  the  day  when  those  resolutions  were  finally  reported 
he  sent  a  message  to  the  Assembly  expressing  a  hope  that  the  failure  to  laise,  this 
year,  a  force  as  large  as  was  raised,  "at  once,"  in  the  previous  year  would  not 
prove  a  "  prejudic-e  to  the  service."  He  suggested  that  the  gravity  of  the  situation 
required  at  least  an  effort  equal  to  that  which  was  made  by  them  in  the  former 
campaign,  and  that  a  failure  to  furnish  as  large  a  quota  might  disarrange  measures 
in  the  formatiou  of  which  such  a  quota  had  been  relied  upon,  and  so  "  be  of  the 
most  fatal  consequences." 

On  the  following  day  a  committee  was  appointed  to  consider  this  message  and 
prepare  an  answer  thereto.  Tiiis  answer,  which  was  immediately  prepared,  refers 
to  the  past  conduct  of  the  Assembly  as  an  assurance  that  they  hau  "  no  regard  to 
quotas  but  were  governed  by  the  importance  of  the  service,"  that,  though  tlieir 
disposition  was  unchanged,  it  was  ;is  diflienlt  to  raise  .5000  men  this  year  as  it  had 
been  to  raise  7000  men  for  the  last  campaign; — "and  the  distress  of  the  province 
then  was  as  great  as  it  could  support  itself  under."  They  added  that  they  could 
not  then  determine  wliat  furtlier  could  bo  done  after  raising  5000  men  but  that  the 
province  would  continue,  as  it  always  had  done,  to  exert  itself  to  the  utmost. 

A  few  days  later,  letters  of  encouraging  import  were  received  from  Secretary  Pitt 
and  Gen.  Amherst.  These  the  Governor  laid  l)efore  the  Hf)use  of  Representatives 
on  the  twenty-first  of  March.  In  the  letter  from  .Vmherst,  dated  the  15th  of  the 
same  mouth,  the  General  informed  the  Governor  of  his  intention  to  send  2500  of  the 


240  Province  Laws.  — 1758-59.  [Notes.] 

Massachusetts  quota  to  take  the  place  of  regular  troops  then  in  garrison  at  Louis- 
bourg,  Halifax,  Nova  Scotia  and  the  Bay  of  Fundy,  there  to  remain  on  garrison 
duty,  with  the  possibility  that  a  portion  of  them  would  proceed  on  the  intended 
expedition  up  the  St,  Lawrence.  This  message  and  accompanying  letters  were 
immediately  referred  to  a  committee. 

Gen.  Amherst  wrote  again  on  the  twenty-third,  after  he  had  received  informa- 
tion of  the  vote  of  the  Assembly  for  raising  forces,  expressing  his  disappointment 
that  the  quota  had  been  reduced  from  that  of  the  previous  year.  Before  this  letter 
arrived  the  Governor  had  renewed  his  recommendation  to  the  legislature  to  in- 
crease the  quota,  which,  he  urged,  was  to  be  employed  in  a  cause  that  tlie  province 
had  always  desired  to  engage  iu,  and  for  the  failure  of  which  through  their  want  of 
zeal  they  could  never  be  excused.  He  concluded  this  message  with  the  following 
appeal:  "If  it  be  now  in  your  hearts  to  join  your  King  and  Mother  country,  now 
shew  your  zeal  as  to  the  ways  and  means  of  compleating  efforts  that  call  for  your 
whole' strength!  I  must  refer  wholly  to  you."  This  message  was  duly  referred  to 
a  committee,  but,  before  they  reported,  the  following  ]iroceedings  took  place: — 

"  March  28, 1759.  The  Committee  appointed  the  21  Ins'  to  consider  of  the  severaL 
Letters  his  Excellency  was  pleased  to  lay  before  the  two  Houses  relative  to  the 
OperatioDS  of  the  ensuing  year — Reported  as  follows  That  it  is  necessary  such  an 
Addition  be  made  to  the  live  thousand  Men  raised  for  his  Majesty's  Service  under 
the  General  and  Commander  in  Cheif  of  his  Majesty's  Forces  as  that  the  whole 
number  of  Men  in  the  Pay  of  the  Province  including  those  in  the  Province  Ship, 
those  at  Castle  "William,  and  those  upon  the  Inland  Frontiers  may  amount  to  seven 
thousand,  the  additional  number  now  raised  to  be  under  the  Direction  of  the 
Commander  in  Cheif  of  his  Majesty's  Forces  in  all  respects  as  fully  as  the  Four 
thousand  six  hundred  men,  for  raising  of  whom  Provision  has  been  made  this 
present  session.  (Signed)  T:  Hutchinson  #>"  order. 

In  Council.    Read  and  Sent  down. 

In  the  House  of  Representatives  Read  and  after  a  debate  Ordered  That  the  fur- 
ther consideration  of  this  Report  be  referred  till  the  next  Sitting  of  this  Court.  In 
Council.    Read  and  Nonconcurred." — Council  Records,  vol.  XXII.,  p.  6o8. 

The  thanks  of  the  Assembly  were  also  voted  to  the  Governor  for  his  repeated 
applications  to  the  King  for  reimbursement,  and  preparations  were  made  for  trans- 
mitting the  money,  if  voted;  if  not,  the  Agent  was  instructed  to  use  his  best  endeav- 
ors to  procure  an  appropriation.  Surgeon's  chests,  shirts,  hose  and  shoes  were 
directed  to  be  provided  for  the  army  and  then  the  following  action  was  taken: — 

*'  March  28, 1759.  The  Committee  appointed  on  his  Excellency's  Message  of  the 
26  Instant  reported  the  following  draft  of  an  answer  thereto  submitting  the  same 

(Signed)     Isaac  Royall. 

May  it  please  your  Excellency 

The  importance  of  the  Service  which  your  Excellency  has  so  warmly  recom- 
mended to  the  two  Houses  has  induced  them  to  come  into  measures  for  raising  a 
number  of  Men,  which  they  at  present  apprehend  equal  to  the  Abilities  of  the 
Province  especially  considering  how  many  have  already  entered  into  other  Services, 
notwithstanding  which,  if  after  the  raising  the  Men  already  voted,  the  necessity  of 
the  Service,  and  State  and  Circumstances  of  the  Government  will  admit,  we  shall 
be  still  willing  to  exert  Ourselves  to  the  Utmost;  but  as  it  is  necessary  that  the 
several  Members  of  the  Court  should  be  at  their  respective  Towns  to  encourage 
the  Levies  already  Voted,  they  are  desirous,  if  your  Excellency  thinks  proper,  of 
having  a  short  Recess,  and  when  they  come  together  again,  after  the  time  aijpointed 
for  the  compleating  of  the  said  Levies,  they  will  be  the  better  able  to  judge  how  far 
it  is  in  their  power  to  exert  themselves  further.  In  Council.  Read  and  Accepted. 
And  Ordered  That  Samuel  Danforth  Esq  with  such  as  the  honourable  House  shall 
join  be  a  Committee  to  wait  on  his  Excellency  with  the  said  Message. 

In  the  House  of  Representatives  Read  and  Concurred  and  Colo  Buckminster  and 
M"^  Turner  are  joined  in  the  Affair." — Ibid.,  p.  Gi3. 

At  the  beginning  of  the  fifth  session  (Apr.  11,)  the  Governor  sent  down  a  message 
which,  with  the  action  of  the  Assembly  thereon,  is  hereunder  given:  — 

"  Gentlemen  of  the  Council  and  House  of  Representatives. 

I  have  by  my  Speech  and  several  Messages  this  Sessions  laid  before  You  every 
Reason  and  Motive  that  can  induce  you  to  join  your  King  and  the  Mother  Country 
with  the  same  Efforts  You  did  last  year.  You  have  answered  Me  that  you  will 
exert  yourselves  to  the  Utmost  of  your  Abilities,  and  that  if.  After  raising  the  pres- 
ent 5000  Men,  it  should  appear  that  the  Abilities  of  the  Province  were  equal  to  the 
raising  more  Men,  you  would,  if  the  Service  should  require  it,  further  exert  your- 
selves. 

You  will  see  by  tlie  Letters  I  now  order  to  be  laid  before  You,  that  the  Service 
dos  absolutely  require  it,  and  I  can  add  nothing  to  the  Motives  which  must  arise 
from  the  Considerations  of  your  own  Honour,  Duty  and  Interest. 
Council  Chamber  T.  Pownall. 

April  11.  1759 

Two  Letters  from  Major  General  Amherst  one  dated  New  York  *  the  other 

April,  t  1759,  being  the  Letters  referred  to  in  the  foregoing  Message  were  after- 
wards laid  before  the  two  Houses."— Z&id.,  p.  Gi7. 

"  April  12,  1759.  In  the  House  of  Representatives  Voted  that  M"-  Prat,  Colo 
White,  Capt»  Bacon,  Colo  Gerrish  and  M^  Tyng  with  such  as  the  honourable  Board 
shall  appoint  be  a  Committee  to  take  his  Excellency's  Message  and  Letters  referred 
to,  under  consideratioiv  and  report  what  tliey  judge  proper  for  this  Court  to  do 
thereon.    In  Council.    Read  and  Concurred  and  his  Honour  the  Lieutenant  Gov- 

*  March  23.  t  April  5, 


[Notes.]  Pkovince  Laws.  — 1758-59.  241 

emor,  John  Osborne,  John  Cushing,  and  "William  Brattle  Esq"  are  joined  in  the 
Affair."— I6id.,  p.  W8. 

This  was  followed  by  another  message,  on  the  18''',  upon  which  a  vote  was  passed 
referring  it,  with  the  accompanying  letters,  to  a  joint  committee;  and  on  the  same 
day  the  Assembly  voted  to  raise  1500  men  in  addition  to  the  number  already  voted 
to  be  raised,  and  sent  up  an  address  in  answer  to  the  Governor's  message  of  the 
11th.  The  message,  vote  of  reference,  and  subsequent  proceedings  are  hereunder 
given: — 

"  Gentlemen  of  the  Council  and  House  of  Representatives. 

Upon  fitting  out  the  Troops  fur  the  present  Expedition,  I  find  a  large  and  unex- 
pected deficiency  of  Arras. 

The  measure  (namely  that  of  Stoppages  on  the 'mens  Pay)  gone  into  by  the  Court 
to  remedy  this,  may  make  Amends  for  the  Loss,  but  dos  not  remedy  the  deficiency. 
Now  it  appears  to  mo  that  Stojipages  made  for  the  Loss  of  Arms  given  by  the  Crown, 
are  in  the  nature  of  the  thing  aiiprupriated  to  replace  them,  as  the  Province  has  in- 
dented for  them.  And  I  cannot  liut  think  that  Stoppages  made  for  Arms  granted 
by  the  General  Court  should  in  tlu;  reason  of  the  thing  be  also  appropriated  to  re- 
place Province  Arms,  as  these  are  a  Grant  already  made  to  the  Crown. 

However  I  recommend  this  Matter  to  your  consideration  And  if  you  think  any 
thing  further  necessary  to  be  done  I  must  desire  You  will  appropriate  the  Sum 
arising  by  such  Stoppages  to  the  buying  other  Arms,  and  I  will  make  myself  an- 
swerable to  the  Province  for  them, 
April  18,  1759.  T.  Pownall 

In  the  House  of  Representatives  Read  and  Ordered  That  M""  Flucker  M''  Hatch  and 
Mf  Russell  with  Such  as  the  honourable  Board  shall  appoint  take  this  Message 
together  with  the  Account  of  Stoppages  charged  in  the  several  Muster  Rolls  for 
Arms  &"=  not  returned  in  the  Expeditions  1757  and  1758  under  consideration  and 
report  what  they  Judge  proper  to  be  done  thereon.  In  Council.  Read  and  Con- 
curred and  Beuj»  Lynde  &  Samuel  "Watts  Esq™  are  joined  in  the  ASaiv."—Ibid.,  p. 
600. 

"  April  18,  1759.  The  House  of  Representatives  having  sent  up  to  the  Board  for 
their  Concurrence  an  Establishment  for  fifteen  hundred  Men  in  addition  to  the 
•5000,  already  granted  for  the  general  Service  of  the  year,  the  Board  took  the  same 
into  consideration,  but  declined  passing  upon  it  at  present  and  appointed  Benjamin 
Lynde  Esq  and  Others  a  Committee  to  go  down  to  the  House  of  Representatives 
with  a  verbal  Message  to  a<Mjuuiiit  them  that  the  Board  had  not  passed  upon  said 
Establishment  as  they  ap])rcli(  ikIimI  that  neither  the  Number  of  Men  thus  provided 
for,  nor  the  Bounty  for  their  encouragement  to  inlist,  nor  the  Prceraium  granted  for 
the  inlisting  Oiticers,  were  sufficient  to  answer  the  purpose,  and  to  move  to  the 
House  to  reconsider  the  matter,  and  if  they  should  be  of  opinion  the  Circumstances 
of  the  Province  would  allow  of  it,  to  make  such  further  provision  as  they  should 
judge  best. 

To  which  Message  the  Board  received  an  Answer  by  Col°  "White  and  Others  a 
Committee  of  the  House  of  Representatives  informing  the  Board  that  the  House 
had  considered  their  Message,  and  did  not  judge  it  fit  to  augment  the  number  of 
ilen  or  the  Bounty. 

The  Board  then  proceeded  to  pass  upon  the  Establishment  which  is  as  follows 
viz* 

In  the  House  of  Representatives  Whereas  the  Extraordinary  Efforts  of  this  Prov- 
ince for  his  Majesty's  Service  ever  since  the  commencement  of  the  Rujjtnre  with 
France,  more  esjiccialiy  in  the  last  Campaign  have  reduced  it  to  such  an  exhausted 
and  distressed  State,  that  the  Province  could  not  without  great  difficulty  raise  the 
Five  thousand  Mtui  it  has  already  raised,  and  that  another  Impress  this  year  would 
be  of  ruiuousand  fatal  consequence. 

Therefore  Voted  and  Resolved  That  so  many  Men  as  with  their  Officers  will 
make  up  fifteen  hundred  be  raised  by  voluntary  Inlistments,  if  they  can  be  so  pro- 
cured, but  not  otherwise:  That  each  able  bodied  effective  Noncommissioned  Officer 
and  private  Soldier  who  shall  inlist  into  his  Majesty's  Service  in  the  Expedition 
against  Canada  on  or  before  the  tenth  day  of  May  n(!xt  shall  on  his  passing  muster 
by  such  Person  whom  his  Excellency  the  Governor  shall  appoint  in  the  Regiment 
to  which  they  belong,  be  intitled  to  receive  as  Bounty  two  Treasurer's  Notes,  one  of 
Six  pounds  jiayable  with  Interest  on  the  secoml  day  of  June  17G0,  and  one  of  Eight 
pounds  payable  with  Interest  on  the  second  day  of  June  1701,  together  with  a  Blan- 
ket, Knapsack,  Canteen,  or  Wood  Bottle,  and  other  Articles  in  the  like  proportion 
as  have  been  allowed  to  the  5000  already  Voted  by  this  Court. 

Also  Voted  and  Resolved  That  the  following  Establishment  be  made  for  the  Offi- 
cers and  Private  Men  that  may  be  raised  in  consequence  of  the  above  Resolve  viz' 

1^  month 

For  one  Colonel  for  said  fifteen  hundred  men £.25. 

For  one  Lieutenant  Colonel  for  said  Regiment 16.  13.    4 

For  one  Major  to  ditto 13.    6.    8 

For  a  Captain  of  Fifty  Men  including  Officers 9.    "    " 

For  two  Lieutenants  for  such  Company,  each 5.    "     " 

For  one  Ensign  for  ditto 3.  10. 

For  one  Chaplain  for  each  Regiment,  if  a  settled  Minister  and  leaves  his 

Congregation 10.    " 

For  a  Minister  not  settled 8.   " 

For  one  Surgeon  to  ditto 10.    " 

For  two  Surgeon's  Mates  to  ditto,  each 6.    6.    8 

For  one  Adjutant 4.   "    '* 

For  one  Quarter  Master  to  ditto 6.  "    " 


242  Province  Laws.  — 1758-59.  [Notes.] 

^  month 

For  each  Sergeant £2.    3.    1 

For  each  Corporal 1.  18.    7 

For  two  Drummers,  each 1.  18.    7 

For  each  Private.  1.  16. 

Also  further  Resolved  That  all  other  Allowance  be  granted  to  the  Officers  and 
Men  now  to  be  raised,  as  has  been  granted  to  them  already  raised,  and  that  they  be 
continued  in  the  Service  for  a  time  not  exceeding  the  first  day  of  November  next, 
«  and  to  be  dismissed  as  much  sooner  as  his  Majesty's  Service  will  admit. 

Also  Resolved  That  his  Excellency  the  Governor  be  desired  in  issuing  his  Com- 
missions to  grant  them  to  such  persons  as  being  otherwise  qualified,  and  being 
Inhabitants  of  this  Government  shall  inlist  the  greatest  number  of  Men. 

Also  Resolved  That  the  following  Establishment  be  made  viz' 

^  month 

For  one  Gunner  for  the  Forces  going  to  Penobscot £.5.  "    " 

For  one  Quarter  Gunner  for  ditto 2.  10.  " 

For  one  Quarter  Master  for  each  of  the  Regiments  going  Westward      .         5.    *'   " 

For  a  Commissary  for  ditto 8.    "   " 

For  a  Commissary  for  the  Regiment  destined  to  Louisbourgh         .        .  8.    "   " 

\   For  three  Commissaries  for  the  Forces  destined  for  Nova  Scotia,  viz'  one 

to  be  at  Halifax,  one  at  Fort  Cumberland  &  one  at  Annapolis,  each        8. 
Which  Commissaries  are  to  have  the  care  of  issuing  out  the  Hospital  Stores. 

Also  Resolved  That  those  Persons  who  shall  be  appointed  Commissaries  for  the 
intended  Expedition  the  present  year  shall  not  on  any  pretence  whatsoever  supply 
the  Forces  with  any  Stores  of  any  kind,  l)ut  what  they  receive  from  the  Govern- 
ment. And  if  any  of  said  Commissaries  shall  supply  the  said  Forces  in  any  other 
way  than  as  aforesaid  he  shall  not  be  entitled  to  any  Wages  from  the  Government, 
nor  be  made  up  in  any  Pay  Roll  whatsoever.    In  Council.    Read  and  Concurred. 

Consented  to  by  the  Governor. 

In  the  House  of  of  *  Representatives.  Voted  That  three  shillings  bo  allowed  in 
addition  to  the  three  already  passed  as  a  Prcemium  to  the  enlisting  Officers  for  raising 
Men  &c    In  Council.    Read  and  Concurred.  ^ 

Consented  to  by  the  Governor. 

The  Committee  appointed  to  consider  his  Excellency's  Message  recommending 
an  augmentation  of  the  Forces— reported  the  draft  of  a  Message  to  his  Excellency, 
as  follows—  (Signed)  T:  Hutchinson— 

May  it  Please  your  Excellency. 

The  several  Reasons  and  Motives  which  your  Excellency  has  from  time  to  time 
laid  before  the  two  Houses  in  order  to  induce  an  Augmentation  of  the  Forces  for 
the  Service  of  the  present  year  have  been  maturely  weighed  and  considered  by  us. 

We  have  likewise  had  an  Opportunity  in  the  Recess  of  the  Court  of  acquainting 
Ourselves  with  the  State  of  the  several  parts  of  the  Province,  and  its  Ability  for 
raising  an  Additional  number  of  Men.  We  acknowledge  with  Gratitude  that  the 
Interest  and  Ease  of  the  People  has  been  consulted  by  your  Excellency  in  making 
the  late  Levy  as  far  as  could  consist  with  his  Majesty's  Service,  and  the  purposes 
for  which  the  Men  are  raised.  The  Distress  brought  upon  the  Inhabitants  is  not- 
withstanding extremely  great. 

The  number  of  Men  raised  this  year  we  are  sensible  is  not  equal  to  that  of  the  last. 
The  Assembly  then  made  the  greatest  Effort  that  has  ever  been  known  in  the  Prov- 
ince. They  looked  upon  it  to  be  the  last  Effort;  They  had  no  expectation  that  it 
could  be  repeated,  and  it  was  really  so  great  as  to  render  it  iiiipracticablc  for  Us  to 
make  the  like  a  second  time.  The  number  of  our  Inhabitants  is  since  then  much 
lesseu'd.  Some  were  killed  in  Battle,  many  died  by  Sickness  while  they  were  in  Ser- 
vice, or  soon  after  their  return  home,  Great  numbers  have  inlisted  as  Rangers  Artifi- 
cers, Recruits  in  his  Majesty's  Regular  Forces,  and  for  other  Branches  of  the  Service. 

The  unprecedented  Charge  of  the  last  year  also  tends  to  increase  the  distress  of 
the  Province,  the  expence  of  the  Regiments  raised  for  his  Majesty's  Service  amounted 
to  near  One  hundred  and  twenty  thousand  Pounds  Sterls,  besides  this  the  Inhabit- 
ants of  the  several  Towns  in  the  Province  by  Fines  or  by  Voluntary  Contributions 
to  procure  Men  for  the  Service  paid  at  least  Sixty  thousand  pounds  Sterling  more, 
which  is  in  all  respects  as  burdensome  as  if  it  had  been  raised  as  a  Tax  by  this 
Government.  The  Defence  of  our  own  Frontiers  and  the  other  ordinary  Charges 
of  Government  amount  to  at  least  Thirty  thousand  pounds  Sterls  more.  Because 
the  Province  the  last  Year  raised  7000  Men,  it  is  interred  that  it  is  able  to  raise  the 
same  number  this,  and  no  Allowance  is  made  for  its  being  so  mucli  reduced  in  its 
Estate  and  number  of  Inhabitants. 

We  have  generally  been  the  first  in  proposals  for  Public  Service,  and  have  deter- 
mined what  Force  we  would  employ.  Other  Governments  have  followed  alter  Us 
in  just  what  proportion  they  pleased,  and  we  wish  it  had  been  in  an  equal  one.  We 
are  now  lessened  and  they  are  increased,  and  We  are  yet  urged  to  continue  the 
same  proportion.  We  have  always  chose  to  avoid  entering  into  the  consideration 
of  Quotas  or  Proportions,  but  We  seem  no\<r  obliged  to  do  it.  We  conceive  that  in 
order  to  determine  a  just  proportion,  the  Wealth,  the  number  of  Inhabitants  and 
the  Charges  of  each  Government  for  its  immediate  defence  are  all  to  come  under 
consideration.  If  this  be  allowed  to  be  a  just  Rule  to  determine  by,  we  are  sure 
that  not  only  in  all  past  Years,  but  in  this  present  year  also  we  have  done  more  iu 
proportion  to  the  General  Service  than  any  one  Government  upon  the  Continent. 

We  know  of  no  Quota  settled  for  each  Colony.  The  Agreement  made  at  Albany 
by  the  Commissioners  in  the  year  1754  has  been  generally  urged  as  a  Rule  of  pro- 

*  Sic. 


[Notes.]  Province  Laws.  — 1758-59.  243 

portion  since  that  time,  but  it  was  agreed  by  the  same  Commissioners  that  Regard 
should  be  always  had  to  the  special  Services  of  any  Colony  for  its  immediate  defence. 
We  are  obliged  to  keep  six  hundred  Men  in  pay  for  the  defence  of  our  Frontiers  & 
Sea  Coasts;  this  Charge  some  of  the  other  Governments  are  wholly  free  from,  and 
the  rest  subject  to  in  very  small  degree.  Exclusive  of  the  GOO  Men  aforesaid  we 
have  already  raised  5000  Men  for  the  General  Service,  Connecticut  have  raised  in 
proportion  to  the  5000,  only  according  to  the  Albany  Plan  without  any  Regard  to 
the  (jOO:  every  other  Goveniinent  falls  short  even  of  that,  so  that  We  have  this  year 
already  done  more  in  proiwrtion  than  any  of  our  Neighbours. 

We  are  told  that  We  arc  the  leading  Province,  We  have  been  so  for  many  years 
past,  ami  wc  have  been  as  long  unociually  burdened.  Wo  have  borne  it  patiently, 
although  We  have  seen  our  Inhabitants  leaving  Us  and  removing  to  other  Govern- 
ments to  live  more  free  from  Taxes,  and  a  few  years  ago  for  this  reason  alone,  four 
of  our  Principal  Towns  refused  to  submit  any  longer  to  our  Jurisdiction,  and 
another  Government  found  a  pretence  for  receiving  them,  and  they  are  not  yet  re- 
turned to  Us.  Under  these  dithculties  Wc  are  still  willing  to  afford  every  reason- 
able aid  in  our  j)ower.  A  further  Inijircss  would  distress  and  discourage  the  Peo- 
ple to  such  a  degree,  that  as  well  in  faithfulness  to  the  Service,  as  to  the  particular 
Interest  of  this  Province  We  are  bound  to  decline  it.  But  great  as  our  Burdens  are, 
We  have  now  engaged  a  bounty  more  than  double  what  lias  ever  yet  been  given  by 
the  Province  in  order  to  procure  a  voluntary  Inlistmeut  of  fifteen  hundred  Men 
over  and  above  the  live  thousand  already  raised,  and  we  have  reason  to  hope  that 
this  Bounty  will  be  suflScieut  and  have  the  Effect  which  your  Excellency  desires. 

In  the  House  of  Representatives  Read  and  Ordered  That  this  Report  be  acceiited 
and  that  Colo  Jones  and  Col"  Lawrence  with  Such  as  the  honourable  Board  shall 
apiK>int  be  a  Committee  to  wait  on  his  Excellency  with  the  foregoing  Message.  In 
Council.  Read  and  Concurred  and  Andrew  Oliver  Esq  is  joined  in  the  Affair." — 
Jbul.,i>.  (V)2. 

"April  24,  1759.    In  the  House  of  Representatives  Voted  That  the  time  for  in-   ' 
listing  the  fifteen  hundred  Men  which  was  determined  by  this  Court  to  be  on  or  be- 
fore the  10"»  of  May  next,  be  further  lengthned  to  the  11*^  of  the  same  month.    In 
Council.    Read  and  Concurred. 

Consented  to  by  the  Governor." — Ibid.,  p.  C82. 

There  were  other  messages  and  votes  this  session  connected  with  the  subject  of 
raising  men  for  the  service;  but  as  they  related,  chiefly,  to  the  deficiency  and  pro- 
curement of  arms,  to  the  protection  of  the  frontier  town  of  Stockbridge— left  ex- 
posed by  the  absence  of  nearly  fifty  of  its  men  who  had  entered  the  service — and  to 
a  j>roposed  impress  of  sailors  to  man  the  transports,  they  are  omitted  here  as  not 
specially  pertinent  to  this  chapter. 

Chap.  38.  "  January  17, 1757.  In  the  House  of  Representatives  January  15, 1757. 
— Whereas  in  and  by  an  Act  of  this  Province  made  and  passed  in  the  Twenty  Ninth 
Year  of  his  present  Majestys  Reign,  iutitled  '  an  Act  for  raising  a  Sutu  of  ^loney  by 
'  a  Lottery  or  Lotteries  for  the  paving  and  repairing  the  Neck,  leading  out  of  the 
'Town  of  Boston,  called  Boston  Neck  ' — 

Mess™  Samuel  Grant,  Thomas  Hill  Joshua  Henshaw,  Joseph  Jackson  Thomas 
Cushing  Samuel  Ilewes  &  .John  Scollay  of  Boston,  or  any  three,  of  them  are  allowed 
&  Impowered  to  Set  up  and  carry  on  One  or  more  Lottery  or  Lotteries  amonntinj;  in 
the  whole  to  such  a  Sum  as  by  drawing  or  deducting  Ten  i^  Cent  out  of  the  Same 
or  (Hit  of  each  Prize  or  Benefit  Ticket  may  raise  Throe  tliDUsand  Pounds  &  no  more, 
which  Sum  when  raised  should  be  paid  to  the  Town  Treasurer  of  Boston  within 
Ten  days  after  the  Sale  of  the  Tickets  for  the  Lottery  or  Lotteries  aforesaid  shall  be 
compleated — And  Whereas  the  aforesaid  Samuel  Grant,  Thomas  Hill,  Joshua  Hen- 
shaw, Joseph  Jackson,  Thomas  Cushing  Samuel  Hewes  &  John  Seollay  have  pro- 
Eosed  to  raise  the  said  Sum  of  Three  Thousand  I'ounds  by  Five  several  Lotteries  & 
ave  accordingly  set  up  &  carried  on  One  of  the  said  Five  already  whereby  they 
have  raised  Two  Thousand  Dollars,  and  paid  the  same  into  the  Treasurer  of  the 
Town  of  B<>sti>n.  and  are  now  carrying  on  a  Second  Lottery,  for  the  raising  Twenty 
One  Hundred  Dollars  more,  whiih  is  near  compleat,  and  whereas  a  Doubt  has 
arisen  whether  the  Select  Men  of  the  Town  of  Boston  for  the  time  being,  who  are  by 
said  Act  impowered  to  Contract  and  agree  for  the  Paving  and  Ri-jiairiug  the  Neck 
aforesaid  can  enter  upon  or  begin  the  same  till  the  full  Sum  of  Three  Thousand 
Pounds  be  raised,  &  thereui)on  a  ccjusiderable  Sum  of  Money  must  be  unimproved 
and  the  Work  not  effectetl  for  a  long  time  which  would  be  a  Publick  damage. 

Resolved  that  it  is  the  true  intent  and  meaning  of  the  said  Act  that  on  the  said 
Samuel  Grant,  Thomas  Hill,  Joshua  Henshaw,  Joseph  Ja<kson,  Thomas  Cushing 
Samuel  Hcwcs  &  John  Scollay  their  receiving  the  Sum  jiroiiosed  to  be  raised  by 
each  Lottery  and  ])aying  the  same;  to  the  Treasurer  of  the  Town  of  Boston,  the 
Select  Men  of  said  Boston  for  the  time  being  be  &  accordingly  they  hereby  are 
Authoriz'd  and  Impoweretl  to  begin  &  Carry  on  the  said  Work,  and  to  draw  out  of 
the  Treasury  the  Money  so  raised  from  tiuu;  to  time,  for  the  End  &  Use  provided 
for  in  said  Act.    In  Council;  Read  &  Concurr'd. 

Consented  to  by  the  Lieutenant  Governonr." — Cmuiril  Records,  vol.  XXl.,  p.  •^^>X. 

"August  27,  1757.  A  Petition  of  the  Sele<tmen  of  the  Town  of  Boston— Praying 
that  they  may  be  indulged  with  further  time  for  drawing  the  Lotteries  granted 
them  by  the  Government,  than  that  to  which  they  are  conlined  by  the  Act  of  this 
Court.  And  that  they  may  l>c  allowed  to  lay  out  a  part  of  the  nmney  which  may 
be  rais'd  by  said  Lotteries  in  building  a  Wharf  or  Wall  for  the  preservation  of  the 
Pavement,  for  the  effecting  of  which  the  Lotteries  aforesaid  wen-  originally  granted. 

In  the  House  of  Representatives.  Ordered  That  the  Prayer  of  this  Petition  be 
granted.    And  that  the  Memorialists  have  liberty  to  dis^raso  of  such  Ticketts  as  are 


244  PROVINCE  Laws.  — 1758-59.  [Notes.] 

not  yet  sold  of  their  Lottery  N"  3  for  the  space  of  three  months  from  and  after  the 
7*^  of  September  next,  and  to  draw  said  Lottery  within  that  time.  Also  that  said 
Memorialists  be  and  they  hereby  are  allow'd  such  further  time  for  drawing  any 
other  Lotteries  they  are  impowered  to  do  by  the  Act  passed  in  January  1756,  for  the 
purposes  therein  mentioned,  as  they  shall  judge  necessary  and  convenient  not 
exceeding  two  years  in  the  whole  from  this  time  any  thing  in  the  said  Act  to  the 
contrary  notwithstanding.  Also  that  the  Memorialists  be,  and  they  hereby  are 
impowered  to  lay  out  so  much  of  the  monies  as  already  hath  been  or  hereafter  may 
be  raised  by  Lotteries  for  building  a  Wall  or  Wharf  for  securing  the  Pavement  on 
the  Neck  as  they  may  think  proper,  and  then  proceed  to  finish  the  remaining  part 
of  paving  said  Neck  according  to  the  directions  of  the  Act  aforesaid.  In  Council. 
Kead  and  Concurred. 
Consented  to  by  the  Goveinoi."— Ibid.,  vol.  XXII,,  p.  99. 


ACTS, 
Passed     1759-60. 


[245] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Thirtieth  day  of  May,  A.  D.  1759. 


CHAPTER    1. 

AN  ACT  FOR  GRANTING  THE  SUM  OF  THIRTEEN  HUNDRED  FOUNDS, 
FOR  THE  SUPPORT  OF  HIS  MAJESTY'S  GOVERNOUR. 

Be  it  enacted  by  the  Govemour,  Council  and  House  of  Representa- 
tives, 

That  the  sum  of  thirteen  hundred  pounds  be  and  hereby  is  granted 
unto  his  most  excellent  majesty,  to  be  paid  out  of  the  publick  treas- 
urer* to  his  excellency  Thomas  Pownall,  Esquire,  captain-general 
and  governour-in-chief  in  and  over  his  majesty's  province  of  the  Mas- 
sachusetts-Bay, to  enable  him  to  carry  on  the  affairs  of  government. 
[Passed  June  15. 


CHAPTER   2. 

AN  ACT  FOR  APPORTIONING  AND  ASSESSING  THE  SUM  OF  NINETY- 
FOUR  THOUSAND  SEVEN  HUNDRED  AND  EIGHTY  POUNDS  THREE 
SHILLINGS  AND  TWOPENCE;  ALSO  FOR  APPORTIONING  AND  ASSESS- 
ING A  TAX  OF  THREE  HUNDRED  POUNDS,  FOR  FINES  LAID  UPON 
TOWNS  THAT  HAVE  NOT  SENT  ANY  PERSONS  TO  REPRESENT  THEM 
IN  THE  GENERAL  COURT  THE  PRESENT  YEAR;  ALSO  FOR  APPOR- 
TIONING AND  ASSESSING  A  TAX  OF  FIVE  THOUSAND  ONE  HUNDRED 
AND  THIRTY-FOUR  POUNDS  ELEVEN  SHILLINGS,  PAID  THE  REPRE- 
SENTATIVES FOR  THEIR  TRAVEL,  SERVICE  AND  ATTENDANCE  IN 
THE  GENERAL  COURT,  IN  THE  YEARS  ONE  THOUSAND  SEVEN  HUN- 
DRED AND  FIFTY-SEVEN,  AND  ONE  THOUSAND  SEVEN  HUNDRED 
AND  FIFTY-EIGHT;  ALSO  FOR  ASSESSING  A  TAX  OF  SIX  HUNDRED 
AND  SIXTY-TWO  POUNDS  FOUR  SHILLINGS  AND  SIXPENCE,  UPON 
THE  TOWN  OF  SIIERBURN,  UPON  NANTUCKET,  IN  LIEU  OF  THEIR 
PROPORTION  OF  SOLDIERS  FOR  CARRYING  ON  THE  PRESENT  WAR; 
AND  ALSO  FOR  ASSESSING  A  TAX  OF  THREE  THOUSAND  AND  FIFTY- 
THREE  POUNDS  ONE  SHILLING  AND  FOURPENCE,  UPON  SUNDRY 
TOWNS,  TO  BE  LEVIED  UPON  THE  PEOPLE  CALLED  QUAKERS,  IN 
LIEU  OF  FURNISHING  THEIR  RESPECTIVE  QUOTAS  OF  MEN  FOR 
THE  MILITARY  SERVICE,  IN  THE  YEARS  ONE  THOUSAND  SEVEN 
HUNDRED  AND  FIFTY-EIGHT,  AND  ONE  THOUSAND  SEVEN  HUN- 
DRED AND  FIFTY-NINE. 

"Whereas  the  great  and  general  court  or  assembl}'  of  this  province  1757-58,  chap,  s, 
did,  in  their  sessions  in  Ma}-,  one  thousand  seven  hundred  and  fifty-   5  7* 
seven,  levy  a  tax  of  sixty-nine  thousand  and  eight  hundred  pounds ; 

•  iSic;  treasury. 

Si7 


2i8  Province  Laws.— 1759-60.  [Chap.  2.] 

1757-58,  chap.  4,  and  also,  in  the  same  session,  did  levy  another  tax  of  four  thousand  one 
^^_'  hundred  and  thirty  pounds  ;  and  at  the  session  in  March,  one  thousand 

3o^§'2^  ^^^^'  seven  hundred  and  fifty-eight,  did  levy  a  further  tax  of  thirty  thousand 
pounds, — amounting  in  the  whole  to  the  sum  of  one  hundred  and  three 
thousand  nine  hundred  and  thirty  pounds  ;  and  by  said  acts,  provision 
was  made  that  the  general  court,  at  this  present  session,  might  appor- 
tion the  same  on  the  several  towns,  districts,  parishes  and  places 
within  this  province,  if  they  thought  fit ;  wherefore,  for  the  ordering, 
directing  and  eflectual  drawing  in  the  said  sum  of  one  hundred  and 
three  thousand  nine  hundred  and  thirty  pounds,  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  Governor,  Council  and  Souse  of 
Representatives , 

[Sect.  1.]  That  each  town,  district,  parish  or  place  within  this 
province  be  assessed  and  pay,  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  one  hundred  and  three  thousand  nine 
hundred  and  thirty  pounds,  the  several  sums  following ;  that  is  to 
say,— 


[1st  Sess.]  Peovince  Laws. — 1759-60. 


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3 

Suffolk     . 

Essex 

Middlesex 

Hampshire 

Worcester 

Plymouth 

Barnstable 
Bristol 

York 

Dukes-Cou 

(D 

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ment. 


[1st  Sess.]  Province  Laws.— 1759-60.  261 

Atul  be  it  further  enacted^ 

TSect.  2-1  That  the  treasurer  do  forthwith  send  out  liis  warrants,  Rules  for  a«8e«». 
directed  to  the  selectmen  or  assessors  of  each  town,  district  or  parish 
or  other  place  within  this  province,  that  are  taxed,  requiring  them, 
respectively,  to  assess  the  sum  herebv  set  upon  such  town,  district  or 
parish  or  other  place,  in  manner  following ;  that  is  to  say,  to  assess 
all  rateable  polls  above  the  age  of  sixteen  years,  within  their  respective 
towns,  districts,  parishes  or  other  places,  or  next  adjoining  to  them, 
belonging  to  no  other  town  or  i)lace,  fifteen  shillings  and  eiglitpence 
per  poll,  (excepting  the  governor,  lieutenant-governor,  and  tiieir  fami- 
lies, the  president,  fellows,  professors,  Hebrew  instructor  and  students 
of  Harvard  College,  settled  ministers  and  grammar-school  masters,  who 
are  herebv  exempted  as  well  from  being  taxed  for  their  polls,  as  their 
estates  being  in  their  own  hands,  and  under  their  actual  management 
and  improvement ;  as  also  the  estate  pertaining  to  Harvard  College)  ; 
and  other  persons,  if  such  there  be,  who,  through  age,  infirmity  or 
extreme  poverty,  in  the  judgment  of  tlie  assessors,  are  not  able  to  pay 
towards  public  charges,  they  may  exempt  their  polls,  or  abate  j^art  of 
what  they  are  set  at,  as  in  their  prudence  they  shall  think  tit  and 
judge  meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  respec- 
tive counties  assembled,  in  granting  a  county  tax  or  assessment,  are 
hereby  ordered  and  directed  to  api)ortion  the  same  on  the  several 
towns,  districts,  parishes  and  other  places  in  such  county,  in  propor- 
tion to  their  province  rate  ;  and  the  assessors  of  each  town  in  the  prov- 
ince are  also  directed,  in  making  an  assessment,  to  govern  themselves 
b}-  the  same  rule  ;  and  the  incomes  of  all  estates,  both  real  and  personal, 
hing  within  the  limits  of  such  town,  district,  parish  or  other  place,  or 
next  unto  the  same,  not  pa3"ing  elsewhere,  in  wiiose  hands,  tenure, 
occupation  or  possession  the  same  is  or  shall  be  found,  and  also  the 
incomes  or  profits  which  an}'  person  or  persons,  except  as  before 
excepted,  do  or  shall  receive  from  an\'  trade,  faculty,  business  or 
employment  whatsoever,  and  all  profits  which  shall  or  may  arise  by 
money,  or  commissions  of  profit  in  their  improvement,  according  to 
their  understanding  or  cunning,  at  one  shilling  per  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,  district,  parish  or  other  place  to  pay ; 
and,  in  making  their  assessment,  to  estimate  houses  xind  lands  at  six 
years'  yearly  rent  whereat  the  same  mav  be  reasonably  set  or  let  for 
in  the  place  where  they  lye :  savbvj  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 ;  ami  to  estimate  negro,  Indian 
and  mulatto  servants  proportionabh'  as  other  personal  estate,  accord- 
ing to  their  sound  judgment  and  discretion  ;  as  also  to  estimate  every 
ox  of  four  3"ears  old  and  upwaids,  at  forty  shillings  ;  every  cow  or 
heifer  of  three  Acars  ol«l  and  upwards,  at  thirty  shillings  ;  every  horse 
and  mare  of  [*]  years  old  ami  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  said  assessment,  setting  forth,  in  distinct  columns, 
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  guardians,  or  for  any 
estate  in  his  or  her  improvement,  in  trust,  to  be  distinctly  expressed  ; 
and  the  list  or  lists  so  perfected,  and  signed  b}'  them,  or  the  major  part 
of  them,  to  commit  to  the  collectors,  constable  or  coiistablcs  of  any 

•  Printed  act  torn:  [three,  in  the  MS.  record.] 


262  Peovince  Laws.— 1759-60.  [Chap.  2.] 

such  town,  district,  parish  or  other  place,  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,  dis- 
trict, parish  or  place,  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  their  accompts  of  the  whole,  at  or 
before  the  thirt3'-first  daj'  of  March,  which  will  be  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  sixty. 
And  be  it  farther  enacted, 
Inhabitants  to  [Sect.  5.]     That  the  asscssors   of  each   town,  district,  parish   or 

Hst^ofTheir™^     place,  respectively,  in  convenient  time  before  their  making  the  assess- 
poiis,  &c.  ment,  shall  give  seasonable  warning  to  the  inhabitants,  in  a  town-meet- 

ing, or  b}^  posting  up  notifications  in  some  place  or  places  in  such 
town,  district,  parish  or  place,  or  notifj'  the  inhabitants  some  other 
wa}^  to  give  or  bring  in  to  the  assessors  true  and  perfect  lists  of  their 
polls,  rateable  est^e,  and  income  by  trade  or  faculty,  and  gain  by 
money  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  mone}^  at 
interest,  on  oath,  the  assessors  are  impowered  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  per- 
son 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  said  assessors,  in  bringing  a  false  list ;  the 
said  fines  to  be  for  the  use  of  the  poor  of  such  town,  district,  parish  or 
place  where  the  delinquent  lives,  to  be  levied  by  warrant  from  the 
assessors,  directed  to  the  collectors  or  constables,  in  manner  as  is 
directed  for  gathering  the  town  assessments,  to  be  paid  in  to  the  town, 
district  or  parish  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  count3',  for  rel[ei][/e]f  as  in  the  case 
of  being  overrated.  And  if  any  person  or  persons  shall  not  bring 
in  a  list  of  their  estates  as  aforesaid  to  the  assessors,  he  or  the}'  so 
neglecting  shall  not  be  admitted  to  make  application  to  the  court  of 
general  sessions,  for  any  abatement  of  the  assessment  laid  on  him  or 
them. 

[Sect.  6.]  And  if  the  person  be  not  convicted  of  any  falseness  in 
the  list,  by  him  presented,  of  the  polls,  rateable  estate,  or  income  by 
trade  or  facult}',  business  or  emplo^^ment,  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  propor- 
tion to  the  tax,  which  the  assessors  ma}'  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  is  finished  and  deliv- 
ered to  the  constable  or  collectors,  and,  before  the  next  3-ear's  assess- 
ment, are  gone  out  of  the  province,  and  so  pay  nothing  towards  the 

*  From  this  point  this  chapter  has  been  supplied  from  the  MS.  record  of  acts  in 
the  ofifice  of  the  Secretary  of  the  Commonwealtli;  the  engrossment  being  lost,  and 
the  only  known  printed  copy  of  the  act  being  imperfect.  The  Roman  letters  en- 
closed in  brackets  are  from  the  record,  and  the  italics  from  the  printed  act. — Eds. 


[1st  Sess.]  Province  Laws. — 1759-GO. 


263 


support  of  the  govcniincnt,  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  person  or  persons  shall  come  and  reside 
in  an}-  town  within  this  province,  and  bring  an}-  merchandize,  and  trade, 
to  deal  therewith,  the  assessors  of  such  town  are  hereby  impowered  to 
rate  and  assess  all  such  persons,  according  to  their  circumstances,  pur- 
suant to  the  rules  and  directions  of  this  act  provided,  tho  the  former 
rate  may  have  l)een  linished,  and  a  new  one  not  perfected,  as  aforesaid. 

And  be  it  further  enacted, 

[Sect.  8.]     That  when  any  merchant,  trader  or  factor,  shall  set  up 
a  store,  and  trafflck,  or  carry  on  any  trade  or  l)usiness,  in  any  town 
within  this  province,  not  being  an  inhabitant  of  such  town,  the  assess- 
ors of  such  town  where  such  trade  and  business  shall  be  carried  on  as 
aforesaid,  be  and  are  hereby  impowered  to  rate  and  assess  all  such  mer- 
chants, traders  and  factors,  their  goods  and  merchandizes,  for  carrying 
on  such  trade  and  business  and  exercising  their  faculty  in  such  town, 
pursuant  to  the  rules  and  directions  of  this  act:  p^'ovided,  before  any  selectmen  to 
such  assessors  shall  rate  such  persons,  as  aforementioned,  the  selectmen   gJfchTereons' "' 
of  the  town  where  such  trade  is  carried  on  shall  transmit  a  list  of  such  before  they  are 
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.  *J.]  And  the  constables  or  collectors  are  hereby  enjoyned  to 
levy  and  collect  the*  sumscommitted  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.     \_Passed  June  15. 


CHAPTER    3. 

AN  ACT  FOR  ERECTING  THE  PLANTATION  CALLED  NEW  MARL- 
BOROUGH,  IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  DISTRICT  BY 
THE  NAME  OF  NEW  MARLBOROUGH. 

"Whereas  it  has  been  represented  to  this  court  that  the  inhabitants  Preamble, 
of  the  plantation  of  New  MarU)orough,  in  the  county  of  Hampshire, 
labour  under  great  difficulties  by  reason  of  their  not  being  incorpo- 
rated into  a  district ;  and  praying  they  may  be  so  erected, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  said  plantation  be  and  hereby  is  erected  into 
a  seperate  and  distinct  district  by  the  name  of  New  Marlborough ; 
bounded  as  follows  :  beginning  at  a  stake  and  stones,  the  south-west  &« 
corner  (which  is  the  south-east  corner  of  Sheffield)  ;  then  running  north, 
one  degree  and  twenty  minutes  east,  to  a  large  heap  of  stones,  the 
north-west  corner;  then  cast,  two  degrees  north,  to  a  stake  and  stones 
near  Twelve-mile  Pond,  the  nortli-east  corner  ;  then  south,  two  degrees 
west,  to  a  stake  and  heap  of  stones  in  the  colony  line  ;  then,  on  the 
colony  line,  till  it  comes  to  the  fu-st-mentioned  bounds :  and  tiiat  the 
inhal)itants  thereof  be  and  hereby  are  invested  with  all  the  powers, 
priviledges  and  immunities  that  the  inhabitants  of  towns  within  this 
province  are  or  liy  law  ought  to  be  vested  with,  saving  only  the  choice 
of  a  representative. 

And  be  itfurtlier  enacted, 

[Sect.  2.]     That  all  monies  agreed  to  be  raised  by  the  inhal)itant3   Asecsfimcnu 
•  "All  such,"  in  the  jirintedact. 


New  Marl- 
borough erected 
into  a  district. 


264 


PEOvmcE  Laws. — 1759-60. 


[Chap.  4.] 


before  the 
11th  of  Novem- 
ber, 1757,  de- 
clared valid. 


Moneys,  how  to 
be  assessed. 


District  meeting 
to  be  assembled, 
&c. 


FrorlBO. 


and  proprietors  of  said  plantation  of  New  Marlborough,  before  the 
eleventh  day  of  November,  one  thousand  seven  hundred  and  fifty-seven, 
be  collected  and  paid  according  to  their  several  votes  and  agreements  ; 
and  their  assessments  are  hereby  declared  valid  in  law  to  all  intents 
and  purposes  :  and  what  monies  are  necessaiy  for  the  payment  of  their 
minister's  salary  and  defreying  the  other  charges  of  said  plantation 
since  said  eleventh  day  of  November,  be  assessed  on  the  polls  and 
estates  of  the  inhabitants  of  said  plantation,  agreeable  to  law. 

And  be  it  further  enacted, 

[Sect.  3.]  That  John  Ashley,  Esq.,  be  and  hereby  is  directed  and 
impowered  to  issue  his  warrant,  directed  to  some  principal  inhabitant 
within  said  district,  requiring  him  to  warn  the  inhabitants  of  said  dis- 
trict, qualified  to  vote  in  town  affairs,  to  assemble  at  some  suitable 
time  and  place  in  said  district,  to  chuse  such  officers  as  are  necessary 
to  manage  the  affairs  of  said  district. 

Provided  nevertheless, — 

[Sect.  4.]  The  inhabitants  of  said  district  shall  pay  their  propor- 
tionable part  of  all  such  county  and  province  charges  as  are  already 
assessed,  in  like  manner  as  tho'  this  act  had  not  been  made.  [^Passed 
June  15. 


CHAPTER    4. 


Preamble. 
1753-54,  chap.  2. 


New  Salem  no 
longer  consid- 
ered as  part  of 
Sunderland  in 
the  choice  of  a 
representative. 


AN  ACT  IN  ADDITION  TO  AN  ACT  INTITULED  "AN  ACT  FOR  ERECT- 
ING THE  TOWNSHIP  OF  NEW  SALEM,  SO  CALLED,  IN  THE  COUNTY 
OF  HAMPSHIRE,  INTO  A  DISTRICT." 

Whereas,  in  the  act  for  erecting  the  township  of  New  Salem,  so  called, 
in  the  county  of  Hampshire,  into  a  district,  it  is,  among  other  things, 
enacted  that  the  inhabitants  of  said  district  shall  have  full  power  and 
right,  from  time  to  time,  until  the  further  order  of  this  court,  to  join 
with  the  town  of  Sunderland  in  the  choice  of  a  representative  ;  which, 
by  reason  of  their  great  distance  from  the  usual  place  of  meeting  in 
Sunderland,  and  the  badness  of  the  roads,  as  well  as  in  many  other 
respects,  is  found  by  experience  to  be  very  inconvenient ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa 
tives, 

That  fi'om  henceforth,  the  inhabitants  of  the  district  of  New  Salem 
be  no  longer  considered  as  joined  with  the  town  of  Sunderland  for  the 
choice  of  a  representative,  nor  be  obliged  to  pay  any  part  of  the 
expence  thereof ;  any  thing  in  said  act  to  the  contrary  notwithstand- 
ing.    [^Passed  June  15. 


[2d  Sess.] 


Province  Laws. — 1759-60. 


265 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Third  day  of  October,  A.D.  1759. 


CHAPTER    5. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  NARRA- 
GANSETT  NUMBER  TWO,  IN  THE  COUNTY  OF  WORCESTER,  INTO  A 
DISTRICT  BY  THE  NAME   OF  WESTMINSTER. 


Whereas  the  inhabitants  of  a  township  former!}-  granted  b}'  the 
great  and  general  court,  commonly  called  Narragansett  Number  Two, 
have  addressed  this  court,  setting  forth  the  many  difBculties  thej'  now 
labour  under,  which  would  be  effectually  remedied  if  they  were  consti- 
tuted a  district, — 

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

[Sect.  1.]  That  the  lands  formerly  granted  by  the  great  and  gen- 
eral court  of  this  province,  to  the  descendants  of  those  who  were  in  the 
Narragansett  light  with  the  Indians  of  that  countr[e]y,  now  called  the 
proprietors  Df  Narragansett  township,  Number  Two,  lying  in  the  county 
of  Worcester,  be  and  hereby  are  erected  into  a  distinct  and  separate 
district  by  the  name  of  Westminster ;  the  bounds  of  said  district  to  be 
according  to  their  original  grant,  and  as  the  said  lands  were  laid  out, 
and  the  plan  thereof  accepted,  by  the  gi-eat  and  general  court  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  twenty-eight ;  and 
that  the  inhabitants  of  the  said  district  be  and  hereb}'  are  invested 
with  all  the  powers,  priviledges  and  immunities  which  the  inhabitants 
of  towns  within  this  province  do  or  by  law  ought  to  enjoy,  that  of 
sending  a  representative  to  the  general  assembly  onlj-  excepted. 

And  he  it  further  enacted, 

[Sect.  2.]  That  William  Eichardson,  Esq^'J.,  be  and  hereby  is  im- 
powered  to  issue  liis  warrant,  directed  to  some  principal  inhabitant  of 
said  district,  requiring  him  to  notify  and  warn  the  inhabitants  thereof, 
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  sliall  be  neces- 
sary to  manage  the  affairs  of  said  district. 

And  v:hereas  the  great  and  general  court  of  this  province,  at  their 
sessions  in  Ma}',  one  thousand  seven  hundred  and  lifty-seven,  laid  a 
tax  of  fifty  pounds  on  the  inhabitants  of  said  Narragansett  Number 
Two,  and  at  their  sessions  in  May,  one  thousand  seven  hundred  and 
fift^'-eight,  one  other  tax  of  fifty  pounds,  and  at  their  sessions  in  May 
last,  one  other  tax  of  fifty-eight  pounds  ten  shillings  and  twopence, 
towards  defreying  the  publick  charges  of  this  province,  which  sums 
have  not  yet  been  assessed  or  paid  into  the  province  treasury, — 

Be  it  therefore  farther  enacted, 

[Sect.  3.]  Tliat  the  assessors  that  may  be  chosen  at  the  meeting 
of  said  inhal>itants  to  be  called  as  aforesaid,  be  and  they  herebj-  are 


Preamble. 


Narragansett 
Number  Two 
a  district. 


Privileges,  ka., 
granted  e^dd 
district. 


William  Rich- 
ardson, Esq.,  to 
issue  Ills  war- 
rant for  as- 
eerabling  the 
inhabitants. 


Preamble. 
1757-^8,  chap.  3. 


1758-59.  chap.  1. 
1759-60,  chap.  2. 


Rates,  ho-n-  to 
be  aeeepscd. 


266 


Peovikce  Laws. — 1759-60. 


[Chap.  6.] 


impowered  and  directed  to  assess  the  aforesaid  sums  upon  the  inliab- 
itants  of  said  district,  accoi'diug  to  the  rules  of  assessment  in  the 
respective  tax  acts  mentioned,  and  commit  said  assessment  to  the  col- 
lector or  collectors  that  may  then  also  be  chosen,  and  return  a  certi- 
ficate of  the  name  or  names  of  such  collector  or  collectors,  with  the 
sum  total  to  each  of  them  committed,  unto  the  treasurer  of  this  prov- 
ince, on  or  before  the  first  day  of  December  next ;  and  the  treasurer 
for  the  time  being,  upon  receipt  of  such  certificate,  is  hereb}'  impow- 
ered and  ordered  to  issue  his  warrants  to  such  collector  or  collectors, 
requiring  them,  respectively,  to  collect  the  whole  of  each  respective  sum 
assessed  on  each  particular  person,  and  to  pay  in  their  collection,  and 
issue  their  accounts  of  the  whole,  at  or  before  the  thirty-first  da}'  of 
March,  one  thousand  seven  hundred  and  sixt}-.     [^Passed  October  20. 


CHAPTER    6. 

AN  ACT  FOE,  ERECTING  THE  EAST  WING  OF  RUTLAND,  SO  CALLED,  IN 
THE  COUNTY  OF  WORCESTER,— AND  SUNDRY  FARMS  CONTIGUOUS 
THERETO,  LYING  BETWEEN  LANCASTER  AND  NARRAGANSET  [T], 
NUMBER  TWO,— INTO  A  SEP  [E]  fxl]  RATE  DISTRICT  BY  THE  NAME 
OF  PRINCETOWN. 


Preamble. 


Rutland  east 
wing,  &c., 
erected  into  a 
district,  &c. 


Whereas  a  number  of  the  inhabitants  and  proprietors  of  the  east 
wing  of  Rutland,  in  the  county  of  Worcester,  and  the  proprietors  and 
inhabitants  of  sundry  farms,  contiguous  thereto,  l^'ing  between  Lancas- 
ter and  Narragansett  [No.  2,]  \_Numher  Two]^  have  represented  to  this 
court  many  difficulties  the}'  labour  under,  and  praying  that  they  may 
be  made  a  sep[e][a]rate  district ;  therefore, — 

Be  it  enacted  by  the  Governolu]!'^  Council  and  House  of  Represent- 
atives, 

[Sect.  1.]  That  the  said  east  wing  of  Rutland,  so  called,  and 
sundry  farms  lying  contiguous  thereto,  contained  within  the  bounds 
hereafter  mentioned,  be  and  hereby  is  erected  into  a  distinct  and  sep- 
[e]  [a]  rate  district,  b}'  the  name  of  Princetown  ;  viz"^'^.,  beginning 
at  the  north-west  corner  of  Lancaster,  second  precinct, — being  also  the 
south-west  corner  of  Leominster, — from  thence  run[?i]ing  north,  [54] 
\_ fifty-four']  degrees  west,  seven  hundred  and  sixty  rods,  to  a  heap  of 
Bounds  thereof,  stones  upon  the  line  of  Narraganset[i]  [No.  2,]  [^Number  Two']  ;  from 
thence  running  west,  thirt3"-five  degrees  south,  seven  hundred  and 
eighty-eight  rod  [s] ,  to  the  south-west  corner  of  said  Narraganset[i] 
Number  Two ;  then  turning  and  running  south-east,  fiftj'-six  rod,  to 
the  north-east  corner  of  said  Rutland  east  wing ;  then  turning  and 
run[n]ing  west,  thirt}'  degrees  south,  eleven  hundred  and  sixt}'  rods, 
on  the  north-west  line  of  said  wing,  to  the  westerly'  corner  of  said 
wing;  then  run[7(,]ing  south,  thirty-nine  degrees  east,  sixteen  hundred 
and  seventy  rod — being  the  dividing  line  of  the  first  settlers'  part  of 
Rutland,  and  the  said  wing — to  the  southerly  corner  of  said  east  wing ; 
then  turning  and  run[?i]ing  cast,  thirty-five  degrees  north,  eleven 
hundred  and  fifty  rods,  on  Hold[i][e]n  line,  to  the  corner  of  said 
east  wing,  Hold[i][(?]n  and  Shrewsbury;  and  from  thence,  run[n]ing, 
on  the  same  point,  three  hundred  and  ninet}'  rod  on  Shrewsbury  line,  to 
the  river ;  and  from  thence,  bounding  on  Lancaster,  second  precinct, 
to  the  first  mentioned  bounds  :  and  that  the  said  district  be  and  hereby 
Privileges  [g  invested  with  all  the  priviledges,  powers  and  immunities,  that  towns 

district/^'  in  this  province  by  law  do  or  may  enjo}-,  that  of  sending  a  representa- 

tive to  the  general  assembl}-  only  excepted. 


[2d  Sess.] 


Peovince  Laws. — 1759-60. 


267 


Provided.,  nevertJieless, — 

Ayid  be  it  further  enacted, 

[Sect.  2.]     That  the  said  district  shall  pay  their  proportion  of  all  Proviso 
town,  county  and   province   taxes   already   set[t],  or  irranted  to   be 
raised,  on  the  town  of  Rutland  and  Lancaster,  as  if  this  act  had  not 
been  made. 

And  be  it  farther  enacted^ 

[Sect.  3.]  That  William  Richardson,  Esq.,  be  and  hereby  is  im- 
powered  to  issue  his  warrant  to  some  pnncii)al  inliabitant  of  said 
district,  requiring  him  to  notify  and  warn  the  inhabitants  of  said  dis- 
trict, qualilled  by  law  to  vote  in  town  alfairs,  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  affairs  of  said  district.     \_Passed  October  20. 


William  Rich- 
ardnon,  Esq., 
empowered  to 
issue  his  \rar. 
rant  for  as- 
Bcmbling  the 
in  habitants. 


CHAPTER    7. 

AN  ACT  FOR  INCORPORATING  THE  INHABITANTS  OF  A  TRACT  OF  LAND 
CALLED  NEGUASSET,  IN  THE  COUNTY  OF  YORK,  INTO  A  DISTRICT 
BY  THE  NAME   OF  WOOLWICH. 


Whereas  tlie  inhabitants  of  a  tract  of  land  called  Neguasset,  in  Preamble, 
the  county  of  York,  have  represented  to  this  court  the  great  diflicul- 
ties  and  inconvenionc[?']es  the}-  labour  under  in  their  present  situation, 
and    have   earnestly  requested  that  thej'  may  be  incorporated  into  a 
district, — 

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

[Sect.  1.]     That  the  whole  of  that  tract  of  land  in  the  county  of  Neguassett 
Yoi-k,  called  Neguasset,  bounded  as  follows  ;  viz^'^,  beginning  at  Tow-  intoldistrid;. 
essick  Gut,   at  the  head     of    Arowsick    Island,  or  Georgetown,  so 
called,  and  running  northerly  on  Sagadahock,  or  Kennebeck,  River, 
to  a  certain  pine-tree  marked,  which  is  the  first  marked  tree  in  the 
boundary  line  between  the  proprietors  of  said  land   and    the   Plym- 
outh Company  ;    from  thence,  easterly  on  said   line,  to   Mountsweeg  Bounds  thereof. 
Hiver,  as  the  line  is  now  estal>lished  ;  and  from  thence,  southerly,  down 
said  river  and  Mountsweeg  Lay,  including  an  island  called  Oak  Island  ; 
and  from  thence,  again  southerly,  round  a  point  of  land  call[e][']d 
Phipps's  Point ;  and  from  thence,  westerly,  to  a  point  called  Ilawkomoka 
Point ;  and  from  thence,  northerly,  running  tlirough  Ilellsgate,  so  called, 
into  Towcssick,  or  Neguassett,  I3av,  to  the  bounds  first  mentioned  ;  be 
and  hereby  is  incorporated  into  a  district  by  the  name  of  Woolwich : 
and  that  the  inhabitants  thereof  do  the  duties  that  are  required,  and 
be  invested  with  all  the  powers,  priviledges  and  immunities  which  the  Privileges.  &c., 
inhabitants  of  any  town  witliin  this  province  do  or  by  law  ought   to  dutrlct! **^^ 
enjoy,  excepting   only  the    privilcdge  of  chusing   a  representative  to 
represent  them  in  tlie  general  assembly  ;  and  that  the  inlial)itants  of 
said  district  shall  have  full  power  and  right,  from  time  to  time,  to  join 
with  the  town  of  Georgetown,  in   the  choice   of   a  representative  or 
rei)resentatives,  in  which   choice   they  shall  enjov  all  the   priviledges 
which   the  inhabitants  of  the  several  towns  within  this  province  are 
intitlcd  to. 

Provided.,  nevertheless, — 

And  be  it  further  enacted. 

[Sect.  2.]     That  the  said  district  shall  pay  their  propoiiion  of  all  Proviso, 
town,  county  and  piovince  taxes  already  set  on,  or  granted  to  be  raised 
b}',  said  town  of  Georgetown,  as  if  this  act  had  not  been  made. 


268 


Province  Laws.— 1759-60. 


[Chap.  8.] 


Samuel  Denny, 
Esq.,  empow- 
ered to  issue  his 
warrant  for 
assembling  the 
inhabitants. 


And  be  it  further  enacted, 

[Sect.  3.]  That  Samuel  Denuy,  Esq'^''^,  be  and  hereb}-  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  chuse  all  such  officers  as 
shall  be  necessary  to  manage  the  affairs  of  said  district.  [_Passed 
October  20. 


CHAPTER    8. 


Preamble. 


Treasurer  em- 
powered to  bor- 
row £144,500. 


Form  of  treas- 
urer's receipt. 


£84,500  payable 
June  20, 1763. 


£112,000  for 
Canada  expedi- 
tion. 


£2,000  for 
Canada  expedi- 
tion in  1758. 


AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  ONE 
HUNDRED  AND  FORTY-FOUR  THOUSAND  AND  FIVE  HUNDRED 
POUNDS,  TO  BE  THENCE  ISSUED  FOR  DISCHARGING  THE  PUBLICK 
DEBTS,  AND  DRAWING  THE  SAME  INTO  THE  TREASURY  AGAIN. 

Whereas  the  provision  already  made  for  defreying  the  expences  of 
the  Canada  expedition  is  found  insufHcient,  and  no  provision  made  by 
the  general  court  for  discharging  the  debts  of  the  ensuing  year, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives^ 

[vSect.  1.]  That  the  treasurer  of  the  province  be  and  he  hereby  is 
irapowcred  and  directed  to  borrow,  from  such  person  or  persons  as  shall 
be  willing  to  lend  the  same,  a  sum  not  exceeding  one  hundred  and 
fort3'-four  thousand  and  five  hundred  pounds,  in  mill'd  dollars  at  six 
shillings  each,  or  in  other  coin'd  silver  at  six  shilUngs  and  eightpence 
per  ounce  ;  and  the  sum  so  borrowed  shall  be  applied  in  manner  as  in 
this  act  is  hereafter  directed  :  and  for  the  sum  of  sixty  thousand  pounds, 
being  part  of  the  aforesaid  sum  of  one  hundred  and  forty-four  thou- 
sand and  five  hundred  pounds,  the  treasurer  shall  give  his  receipt  or 
obligation  in  the  form  following  : — 

Province  of  the  Massachusetts  Bay,  the  day  of 

Received  of  the  sum  of  ,  for  the  use  and  ser- 

vice of  the  province  of  the  Massachusetts  Bay,  and,  in  behalf  of  said  prov- 
ince, I  do  promise  and  oblige  myself  and  successors  in  the  ofBce  of  treasurer 
to  repay  the  said  or  order,  the  twentieth  day  of  June,  one  thou- 

sand seven  hundred  and  sixty-one,  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.  Treasurer. 

[Sect.  2.]  And  for  the  further  sum  of  eight3--four  thousand  and 
five  hundred  pounds,  being  the  remainder  of  the  aforesaid  sum  of  one 
hundred  and  fort3'-four  thousand  and  five  hundred  pounds,  the  treas- 
urer shall  give  his  notes,  in  the  form  aforesaid,  payable  the  twentieth 
da}^  of  June,  one  thousand  seven  hundred  and  sixtj'-three  ;  and  no 
receipt  shall  be  given  for  less  than  six  pounds. 

Ayid  be  it  further  enacted, 

[Sect.  3.]  That  the  aforesaid  sum  of  one  hundred  and  fortj'-four 
thousand  and  five  hundred  pounds,  when  received  into  the  treasuiy, 
shall  be  issued  out  in  the  manner  and  for  the  purposes  following ;  that 
is  to  say,  one  hundred  and  twelve  thousand  pounds,  part  of  the  sum  of 
one  hundred  and  forty-four  thousand  and  five  hundred  pounds,  shall  be 
applied  for  the  pavinent  of  the  expences  in  the  present  expedition 
against  Canada  ;  and  the  further  sum  of  two  thousand  pounds,  part  of 
the  aforesaid  sum  of  one  hundred  and  forty-four  thousand  and   five 


[2d  Sess.] 


Province  Laws. — 1759-60. 


269 


hundred  pounds,  shall  be  applied  for  the  i)ayment  of  the  services  of 
the  expedition  against  Canada  in  the  year  of  our  Lord,  one  thousand 
seven  hundred  and  fifty-eight,  still  unpaid  ;  and  the  further  sum  of 
thirteen  thousand  pounds,  part  of  the  aforesaid  sum  of  one  hundred 
and  forty-four  thousand  and  live  hundred  jjounds,  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  b}-  this 
court  for  these  purposes  ;  and  the  further  sum  of  four  thousand  pounds, 
part  of  the  aforesaid  sum  of  one  hundred  and  forty-four  thousand  and 
five  hundred  pounds,  shall  be  applied  fur  purchasing  [)rovisioiis,  and  the 
commissary's  disbursements  for  the  service  of  tlie  several  forts  and 
garrisons  within  this  province  ;  anil  the  further  sum  of  four  thousand 
pounds,  part  of  the  aforesaitl  sum  of  one  lunulred  and  forty-four  thou- 
sand and  five  hundred  pounds,  shall  be  api)lied  for  the  payment  of 
such  premiums  and  grants  that  now  are  or  may  hereafter  be  made  b}' 
this  court;  and  the  further  sum  of  two  thousand  pounds,  part  of  the 
aforesaid  sum  of  one  hundred  and  fort3--four  thousand  and  five  hun- 
dred 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  that  purpose,  and  for  paper, 
writing  and  printing  for  this  court ;  and  the  further  sum  of  two  thou- 
sand pounds,  part  of  the  aforesaid  sum  of  one  hundred  and  forty-four 
thousand  and  five  hundred  pounds,  shall  be  applied  for  the  payment  of 
his  majesty's  council  and  house  of  representatives  serving  in  the  great 
and  general  court  during  the  several  sessions  for  the  ])resent  year ;  and 
the  further  sum  of  four  thousand  and  five  hundred  pounds,  part  of  the 
aforesaid  sum  of  one  hundred  and  forty-four  thousand  and  five  hun- 
ilred  pounds,  shall  be  applied  to  the  ])ayment  of  the  charge  of  main- 
taining armed  vessels  of  war  belonging  to  this  province ;  and  the 
furl  her  sum  of  one  thousand  pounds,  the  remaining  part  of  the  afore- 
said sum  of  one  hundred  and  forty-four  thousand  and  five  hundred 
l)Ounds,  shall  be  applied  for  the  payment  of  the  troops  that  marched  for 
the  relief  of  Fort  AVlUiam  Henry,  when  attacked  by  the  enemy  in 
August,  one  thousand  seven  hundred  and  fifty-seven. 

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.  4.]  That  there  be  and  hereb}-  is  granted  to  his  most  excel- 
lent majesty  a  tax  of  one  hundred  and  forty-four  thousand  and  five 
hundred  pounds,  to  be  levied  on  polls,  and  estates  both  real  and  per- 
sonal within  this  province,  in  manner  following ;  that  is  to  say,  sixt}-- 
four  thousand  pounds,  part  thereof,  according  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  in 
their  May  session,  in  the  3-ear  of  our  Lord  one  thousand  seven  hun- 
dred and  sixt3%  and  to  be  paid  into  the  publick  treasury  on  or  before 
the  last  da}-  of  March  then  next  after ;  and  the  further  sum  of  one 
hundred  thousand  pounds,  according  to  such  rules  and  in  such  propor- 
tion on  the  several  towns  and  districts  aforesaid  as  shall  be  agreed  on 
and  ordered  by  the  general  court  at  their  session  in  Ma}',  one  thousand 
seven  hundred  and  sixty-two,  and  to  be  paid  into  the  treasury  on  or 
before  the  last  day  of  March  next  after. 

And  be  it  farther  enacted, 

[Sect,  o.]  That  if  the  general  court,  in  their  May  session,  in  the 
year  seventeen  hundred  and  sixty,  and  in  their  session  in  May,  one 


£13,000  for  fbrt« 
and  garrisons. 


£4,000  for  pro- 
visions, commls- 
eary's  disburse- 
ments, &c. 


£4,000  for 
premiums,  &c. 


£2,000  for  debU 
■where  there  is 
no  establish- 
ment, &e. 


£•2,000  for  pay 
of  councillors' 
nnd  representa- 
lives'  attend- 
ance. 


£4,500  for 
armed  vessels. 


£1,000  for  pay. 
ing  such  who 
went  to  the 
relief  of  Fort 
William  Henry. 


Tax  grranted  of 

£144,500. 


Rule  for  appor- 
tioning the  tax 
in  cose  no  tax 


270 


Province  Laws. — 1759-60. 


[Chap.  9.] 


act  Bhall  be 
agreed  on. 


The  treasurer 
to  conform  to 
the  appropria- 
tions. 


Proviso. 


thousand  seven  hundred  and  sixt3'-two,  and  some  time  before  the  last 
day  of  June  in  each  year,  shall  not  agree  and  conclude  upon  an  act 
apportioning  the  sums  which  b}'  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  levied  on  the  polls,  and  estates  both  i-eal  and  personal  within  tlieir 
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  pre- 
oeeding. 

[Sect.  6.]  And  the  province  treasurer  is  hereby  fully  impowered  and 
du-ected,  some  time  in  the  month  of  July  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  sev- 
eral towns  and  districts,  for  their  respective  parts  and  proportions  of 
the  sums  before  directed  and  engaged  to  be  assessed,  to  be  paid  into 
the  treasury  at  the  aforementioned  times  ;  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  pre- 
ceeding  tax  act. 

And  be  it  further  enacted, 

[Sect.  7.]  That  the  treasurer  is  hereby  directed  and  ordered  to  pay 
the  sum  of  one  hundred  and  forty-four  thousand  and  five  hundred  pounds 
out  of  such  appropriations  as  shall  be  directed  by  warrant,  and  no  other ; 
and  the  secretary  to  whom  it  belongs  to  keep  the  muster-rolls  and 
accounts  of  charge,  shall  lay  before  the  house  of  representatives,  when 
they  direct,  such  muster-rolls  and  accounts,  after  payment  thereof. 

Provided,  always, — 

[Sect.  8.]  That  the  remainder  of  the  sum  which  shall  be  brought  into 
the  treasury  by  the  taxes  ordered  by  this  act  to  be  assessed  and  levied, 
over  and  above  what  shall  be  sufficient  to  discharge  the  notes  and  obli- 
gations aforesaid,  shall  be  and  remain  as  a  stock  in  the  treasurjs  to  be 
applied  as  the  general  court  of  this  province  shall  hereafter  order,  and 
to  no  other  purpose  whatsoever.     \_Passed  October  20. 


Preamble. 
1758-59,  chap. 
28,  §  3. 

1758-59,  chap. 
S2,§5. 


CHAPTEK    9. 

AN  ACT  TO   SUPPLY  THE   TREASURY  WITH  THE   SUM   OF  FORTY-ONE 
THOUSAND  FIVE   HUNDRED   AND  FORTY  POUNDS. 

Whereas  tliis  court  did,  in  their  session  in  March,  one  thousand 
seven  hundred  and  fifty-nine,  grant  a  tax  of  thirty-two  thousand 
pounds,  and  at  their  session  in  April  following  did  grant  a  further  tax 
of  nine  thousand  five  hundred  and  forty  pounds,  amounting  in  the  whole 
to  forty-one  thousand  five  hundred  and  forty  pounds,  to  be  levied  on 
polls  and  estates  within  this  province,  and  by  said  acts  provision  was 
made  that  the  general  court,  by  the  first  of  October  following,  might 
apportion  the  same  on  the  several  towns,  districts,  parishes,  and  other 
places  ;  but  inasmuch  as  a  number  of  persons  appear  wilhng  to  lend 
the  government  the  aforesaid  sum  of  forty-one  thousand  five  hundred 
and  forty  pounds,  to  be  repaid  them  at  a  distant  period,  in  order  to  pre- 
vent an  additional  tax  going  out  this  year, — 

Be  it  enacted  by  the  Governo[n']r ,  Council  and  House  of  Representa- 
tives, 
Treasurer  em-  [Sect.  1.]    That  the  treasurer  of  this  province  be  and  hereby  is  di- 

row  £41 540^*^'"  I'etited  and  impowered  to  borrow  from  such  person  or  persons  as  shall 


[2d  Sess.] 


PROVINCE  Laws. — 1759-60. 


271 


be  willing  to  lend  the  same,  a  sum  not  exceeding  the  sum  of  forty-one 
thousand  five  hundred  and  forty  pounds,  in  Spanish  mill'd  dollars  at 
six  shillings  each,  or  in  coined  silver,  sterling  alloy,  at  six  shillings 
and  eightpence  per  ounce,  or  in  government  securities  payable  in  June, 
one  thousand  seven  hundred  and  sixty  ;  and  the  sum  so  borrowed  shall 
be  applied  by  the  treasurer  for  the  discharge  of  those  bounty-notes 
that  were  given  to  the  soldiers  to  encourage  them  to  inlist  in  the  expe- 
dition this  3^ear ;  which  notes  will  become  due  in  June,  one  thousand 
seven  hundred  and  sixty :  and  for  the  sum  so  borrowed,  the  treasurer 
shall  give  a  receipt  and  obligation  in  the  form  following  : — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  1759. 

Received  of  the  siuii  of  ,  for  the  use  and  ser- 

vice 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 
treasm-er  to  repay  the  said  or  order,  the  tenth  day  of  June,  one 

thousand  seven  hundred  [and]  sixty-two,  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. 

Witness  my  hand. 

And  as  a  fund  and  security  to  enable  the  treasurer  to  discharge  the 
obligations  b}'  him  given  in  pursuance  of  this  act, — 

Be  it  enacted^ 

[Sect.  2.]  That  there  be  and  herebj'  is  granted  to  his  most  excel- 
lent majesty  a  tax  of  forty-five  thousan(l  pounds,  to  be  levied  on  polls, 
and  estates  both  real  and  personal,  according  to  such  rules  and  in  such 
proportion  on  the  several  towns  and  districts  within  the  province  as 
shall  be  ordered  by  the  general  court  at  their  session  in  May,  one 
thousand  seven  hundred  and  sixty-one. 

And  be  it  farther  enacted^ 

[Sect.  3.]  That  in  case  the  general  court  shall  not,  at  their  session 
in  May,  one  thousand  s«ven  hundred  and  sixty-one,  and  before  the 
twentieth  day  of  June  following,  agree  and  conclude  upon  an  act  ap- 
portioning the  sum  which  by  this  act  is  engaged  to  be  apportioned,  as- 
sessed and  levied,  that  then,  and  in  such  case,  each  town,  district, 
parish,  or  other  place  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  sum  as  the  said  towns,  districts,  parishes  or  other  places 
were  taxed  by  the  general  court  in  the  tax  act  then  last  preceeding. 

[Sect.  4.]  And  the  province  treasurer  is  hereby  fully  impowered 
aud  directed,  in  the  month  of  June,  one  thousand  seven  hundred  and 
sixty-one,  to  issue  and  send  forth  his  warrants,  directed  to  the  selectmen 
or  assessors  of  each  town,  district,  parish  or  other  place  within  this 
province,  requiring  them  to  assess  the  polls,  and  estates  both  real  and 
personal  within  their  several  towns,  districts,  parishes  or  other  places, 
for  their  respective  parts  and  proportion  of  the  sum  before  directed 
and  engaged  to  be  assessed,  to  be  paid  into  the  publick  treasury  by  the 
thirty-first  day  of  March,  one  thousand  seven  hundred  and  sixty-two ; 
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  then  last  preceeding  tax  act :  and  the  assessors  shall  incur  the  same 
penalty  for  not  apportioning  the  sum  laid  upon  their  respective  towns, 
districts,  parishes  or  other  places,  as  though  the  same  had  been  assessed 
upon  them  by  an  act  of  the  general  court. 

And  whereas  this  court,  by  their  respective  acts  in  March  and  April 
last,  ordered  and  impowered  the  province  treasurer — upon  the  general 
court's  omitting  to  apportion  a  tax  of  forty-one  thousand  five  hundred 
and  forty  pounds,  in  the  month  of  October  following,  upon  the  several 
towns  and  districts  within  this  province — to  levy  and  apportion  the 
same, — 


Form  of  treas- 
urer's receipt. 


Tax  of  £45,000 
1761. 


Rule  for  appor. 
tioning  the  tax 
in  case  no  tax 
act  shall  be 
agreed  on. 


Treasurer  em- 
powered and 
directed. 


272 


Peovince  Laws.— 1759-60.  [Ghap.  10.] 


Treasurer 
further  directed. 


Proviso. 


Be  it  enacted, 

[Sect.  5.]  That  he,  the  said  treasurer,  be  and  he  hereby  is  directed 
not  to  issue  and  send  forth  his  warrants  of  assessment  for  the  sum 
aforesaid  :  provided,  nevertheless,  that  if  the  treasurer  shall  not  be  able 
to  borrow  the  whole  of  the  sum  aforesaid  on  or  before  the  first  day  of 
November  next,  then,  and  in  that  case,  he  shall  issue  forth  his  warrants, 
directed  to  the  selectmen  or  assessors  in  each  of  the  towns  and  dis- 
tricts 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  proportion  of  Avhatever  sum  he  shall  not 
be  able  to  borrow  of  the  forty-one  thousand  live  hundred  and  forty 
pounds  aforesaid,  to  be  paid  into  the  publick  treasury  by  the  twenty- 
fifth  day  of  March  next ;  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  tlie  then  last  proceeding  tax  act ; 
and  whatever  sum  the  treasurer  shall  so  issue  his  warrants  for,  shall 
be  deducted  out  of  the  fort3'-five  thousand  pounds  directed  to  be 
assessed,  by  the  foregoing  part  of  this  ac't,  in  the  year  one  thousand 
seven  hundred  and  sixtj-one.     \_Passed  October  17. 


CHAPTER    10. 

AN  ACT  FOR  RAISING  A  SUM  OF  MONEY  BY  A  LOTTERY  OR  LOT- 
TERIES, FOR  REPAIRING  THE  CAUSEWAY  ON  THE  WESTERLY  SIDE 
OF  SUDBURY  RIVER,  AND  FOR  BUILDING  A  BRIDGE  OVER  SAID 
RIVER. 


Preamble. 


John  j^oyes, 
Josiah  Brown, 
Joseph  Curtis, 
William  Bald- 
win, Augustus 
Moore,  Rey- 
nolds Seager 
and  Capt.  Elijah 
Smith,  of  Sud- 
hury,  allowed 
and  empowered 
to  set  up  and 
carry  on  one  or 
more  lotteries. 


How  the  money 
raised  thereby 
shall  be  dis- 
posed of. 


Whereas  the  causeway  on  the  westerly  side  of  Sudbury  River,  and 
the  bridge  leading  over  the  same,  are  much  out  of  repair,  and  often- 
times the  freshet  is  so  high  that  it  is  rendered  very  difficult  and  dan- 
gerous for  travellers  to  pass  and  re-pass  the  same,  notwithstanding  the 
great  cost  and  expence  the  town  of  Sudbury  has  been  yearly  at  for 
repairing  the  same  ;  and  whereas  the  raising  said  causewa}-,  digging  a 
new  canal  of  forty  feet  wide  across  said*  canal  to  King's  Pond,  with 
three  other  sluices,  and  keeping  the  same  in  good  repair,  will  require  a 
considerable  sum  of  money  to  effect  it ;  for  the  raising  whereof, — 

Be  it  enacted  by  the  Governor.,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  Messieurs  John  Noyes,  Josiah  Brown,  Joseph. 
Curtis,  William  Baldwin,  Augustus  Moore,  Reynolds  Seager,  and  Capt. 
Elijah  Smith,  of  Sudbury  aforesaid,  or  any  four  of  them,  be  and 
hereby  are  allowed  and  impowered  to  set  up  and  carry  on  one  or  more 
lottery  or  lotteries,  amounting  in  the  whole  to  such  a  sum,  as,  by  draw- 
ing or  deducting  ten  per  cent  out  of  the  same,  or  out  of  each  prize  or 
benefit-ticket,  may  raise  eight  hundred  and  twenty-seven  pounds,  and 
no  more ;  and  that  the  said  sum  of  eight  hundred  and  twenty-seven 
pounds,  raised  by  the  deduction  aforesaid,  be,  by  the  persons  above 
named,  paid  to  the  town  treasurer  of  Sudbury  aforesaid,  within  ten 
days  after  the  sale  of  the  tickets  of  said  lottery  shall  be  compleated ; 
or,  if  the  persons  aforesaid  shall  think  fit  to  raise  said  sum  of  eight 
hundred  and  twenty-seven  pounds  by  more  lotteries  than  one,  then  the 
money  raised  by  each  lotteiy,  by  the  deduction  aforesaid,  shall,  within 
ten  days  after  the  tickets  of  each  lottery,  respectively,  are  sold,  be  paid 
b}'  them  to  the  treasurer  aforesaid  ;  which  sum  of  eight  hundred  and 
twent3--seven  pounds,  or  whatever  part  thereof  shall  be  so  raised,  shall 

•Sic. 


[2d  Sess.] 


Provlnce  Laws.— 1759-60. 


273 


be  applied  towards  raising  said  causeway,  digging  a  new  canal  to 
King's  Pond,  across  said  *  canal,  with  tliree  other  sluices  :  saving  so 
much  of  said  sum  as  shall  be  suflicient  to  defrey  the  necessary  charges 
of  the  lottery  or  lotteries  aforesaid  ;  and  to  no  other  use  whatsoever, 
except  in  case  of  surplusage,  as  in  this  act  hereafter  mentioned. 

Aiid  be  it  further  enacted, 

[Sect.  2. J  That  the  persons  aforesaid,  or  any  four  of  them,  be  and 
they  hereby  are  declared  to  be  the  managers  or  directors  of  each  and 
ever}"  of  the  said  lottery  or  lottt-rics,  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  linished. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  said  managers  or  directors,  with  all  convenient 
speed,  after  the  sale  of  the  tickets  of  said  letter}',  or  of  each  lottery-, 
respectively,  shall  make  preparation  for  the  drawing  the  same,  and 
shall  give  notice  in  the  publick  prints  of  the  time  and  place  of  drawing, 
at  least  ten  days  before  the  said  drawing  begins,  that  any  of  the 
adventurers,  if  they  think  lit,  may  be  present  at  the  drawing ;  and  after 
the  said  drawing  commences,  they,  the  said  managers,  ma}'  adjourn 
from  da}'  to  day,  till  the  whole  number  of  tickets  of  each  lottery, 
respectively,  shall  be  drawn :  proufdcf/,  the  drawing  of  any  one  of  said 
lotteries  continue  not  longer  than  fifteen  days,  exclusive  of  Lord's 
Days. 

[Sect.  4.j  And  the  said  managers  or  directors  shall  make,  or  cause 
to  be  made,  a  fair  entry,  in  a  book  provided  for  that  purpose,  of  all  the 
tickets  so  drawn,  and  of  the  blanks  and  prizes  drawn,  answering  to  said 
tickets,  and  within  ten  days  after  the  drawing  of  each  lottery,  respec- 
tively, shall  be  finished,  they  shall  cause  a  list  of  the  benefit-tickets, 
expressing  the  number  and  the  amount  of  each  of  them,  to  be  printed 
in  the  publick  newspapers  ;  at  the  same  time,  in  the  said  newspapers, 
notifying  the  owners  of  such  benefit-tickets  of  the  time  and  place  when 
and  where  they  may  apply  for  the  payment  of  such  tickets  ;  and  if  any 
contention  or  dispute  shall  arise  in  adjusting  the  property  of  any  of  the 
said  benefit-tickets,  the  major  part  of  the  managers  shall  determine  to 
whom  it  doth  or  ought  to  belong. 

And  be  it  further  enacted, 

[Sect,  o.]  That  the  said  benefit-tickets  shall  be  paid  off  by  the 
managers  aforesaid  within  twenty  days  after  the  drawing  of  each  lottery, 
respectively,  is  finished,  ui)Ou  application  of  the  owner  or  owners  of  such 
tickets,  and  delivering  them  up  to  be  cancelled ;  and  to  secure  the  pay- 
ment of  such  benefit-tickets  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, 

[vSect.  G.]  That  if  the  owner  or  owners  of  any  benefit-ticket  or 
tickets  shall,  for  the  space  of  one  year  after  the  drawing  aforesaid, 
neglect  to  api)ly  for  the  payment  of  such  ticket  or  tickets,  unless  he, 
she  or  they  shall  have  been  at  sea  and  out  of  the  province  for  that  term 
of  time  (and  to  such  person  eighteen  months  shall  be  allowed  to  pro- 
duce thuir  tickets),  he,  she  or  they  shall  not  be  entitled  to  receive  the 
same,  but  such  ticket  and  tickets  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  payment  of  such  tickets,  shall,  after 

•Sic. 


Any  four  of 
thoiu  may  bo 
nianagera  or 
directors. 


Said  manneers 
to  Oisposc  of 
the  tickflM, 
make  prepara- 
tion for  llJe 
drawing,  and  to 
give  public  no- 
tice of  tbc  Bame. 


Managerri  di- 
rected in  their 
proceedings. 


Benefit-tickets 
to  be  paid  uH'  by 
the  managers 
within  twenty 
days  after  draw- 
ing. 


Owners  of  bene. 

fit-tickets  not 
applying  for 
their  money  in 
one  year.  In 
rase,  shall  not 
be  entitled  to 
tbc  same. 


274 


Peovince  Laws.— 1T59-60.  [Chap.  10.] 


Managers'  or 
directors'  oath. 


Persons  em- 
ployed about 
the  lottery  or 
lotteries  to  be 
on  oath. 


In  case  the 
whole  number 
of  tickets  in 
each  lottery 
shall  not  be  sold 
in  six  months 
after  publication 
of  the  scheme, 
the  town  of 
Sudbury  may 
take  the  re- 
mainder to  their 
own  account, 
provided. 


In  case  of  a 
surplusage,  how 
the  same  shall 
be  disposed  of. 


Penalty  for  per- 
sons who  forge 
or  counterfeit 
tickets,  &c. 


the  expiration  of  the  term  aforesaid,  be  immediately  paid  to  the  town 
treasurer  of  said  Sudbur\^,  for  repairing  and  keeping  in  repair  the 
causeway  and  bridge  aforesaid. 

And  be  it  further  enacted, 

[Sect.  7.]  That  each  manager  or  director  aforesaid,  before  his 
acting  in  the  capacity  of  manager  or  director,  as  aforesaid,  shall  take 
the  following  oath ;  viz., — 

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  whomsoever,  and  that  I  will  do  the  utmost  of 
my  endeavour  to  prevent  any  undue  or  sinister  practice  to  be  done  by  any  per- 
son whomsoever,  and  that  I  will,  to  the  best  of  my  judgment,  declare  to  whom 
any  prize,  lot  or  ticket  does  of  right  belong,  accordmg  to  the  true  intent  and 
meaning  of  the  act  of  this  province  made  in  the  thirty-thhd  year  of  his  maj- 
esty's reign,  intitled  "  An  Act  for  the  raismg  a  sum  of  money  by  a  lottery  or 
lotteries,  for  the  building  a  bridge  over  the  westerly  side  of  Sudbury  River, 
and  repairing  the  causeway."     So  help  me  God. 

— which  oath  shall  be  administred  by  any  justice  of  the  peace  in  the 
count}'  of  Middlesex  ;  and  ever}'  person  emploj'ed  about  the  lottery  or 
lotteries  aforesaid,  b}^  the  directors  aforesaid,  shall  take  an  oath  for  the 
faithful  performance  of  his  trust,  to  be  administred  by  any  justice  of 
the  peace  in  the  count}'  aforesaid. 

And  be  it  further  enacted, 

[Sect.  8.]  That  if  the  whole  number  of  tickets  in  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  Sudbury,  if 
they  think  fit,  to  take  the  remainder  of  said  tickets,  undisposed  of  as 
aforesaid,  to  their  own  account :  provided,  that  within  one  month  after 
the  publick  meeting  of  said  town,  to  be  called  for  that  purpose,  a  sum 
of  money  be  raised,  and  paid  to  the  directors  aforesaid,  sufficient  to 
purchase  the  remainder  of  said  tickets,  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  tickets  cannot  be  sold 
within  the  term  of  six  months  aforesaid,  and  the  town  aforesaid  refuse 
to  take  the  tickets  remaining  unsold  as  aforesaid,  then  the  money  re- 
ceived by  the  said  directors  for  the  tickets  sold  shall  be  by  them 
lodged  in  the  hands  of  some  suitable  person  in  the  town  of  Boston, 
which  they  shall  give  notice  of  in  the  publick  newspapers,  to  be  re- 
turned to  the  owners  of  said  tickets  upon  their  delivering  up  their 
tickets  to  the  said  directors,  and  the  charges  arisen  shall  bo  defreyed 
by  the  said  town  of  Sudbury. 

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  suitable  and  convenient  for  the  same. 

And  be  it  farther  enacted, 

[Sect.  9.]  That  if  the  sum  I'aised  by  means  of  this  act  shall  be 
more  than  sufficient  to  raise  said  causeway,  and  build  a  new  bridge 
aforesaid,  and  defrey  the  charges  of  the  lottery  or  lotteries  aforesaid, 
and  pay  the  managers  aforesaid  for  their  service,  as  hereinafter  ex- 
pressed, the  surplusage  shall  be  applied  towards  repairing  the  highw'ays 
in  the  town  of  Sudbury,  as  the  said  town  shall  direct. 

And  be  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  tickets,  or  bring  such  ticket  or  tickets, 
knowing  the  same  to  be  such,  to  the  said  directors,  or  anjf,  of  them. 


[2d  Sess.] 


Province  Laws.— 1759-GO. 


275 


or  to  an}'  other  person,  witli  a  frauclulont  intent,  every  such  person  or 
persons,  being  thereof  convicted,  in  due  form  of  law,  shall  sutler  such 
pains  and  penalties  as  are  by  law  provided  in  cases  of  forgery. 

[Sect.  11.]  And  the  said  managers  or  directors,  or  anv  two  of 
them,  are  hereby  authorized  and  inipowered  to  cause  any  person  or 
persons  bringing  or  uttering  such  false,  forged  or  counterfeit  ticket 
or  tickets,  as  aforesaid,  to  be  apprehended  and  committed  to  close 
goal,  to  be  proceeded  against  according  to  law. 

And  be  it  further  enacted, 

[Sect.  12.]  That  the  directors  or  managers  aforesaid  shall  keep  a 
particular  account  of  the  days  of  their  attendance  upon  the  service 
aforesaid,  and  for  each  day's  attendance  shall  be  allowed  the  sum  of 
four  shillings,  the  same  not  to  be  paid  out  of  the  monies  raised  by 
virtue  of  this  act,  unless  there  be  a  sufDcienc}'  for  the  purposes  afore- 
said, and  for  the  payment  of  such  their  allowances  ;  and  in  case  of  a 
sufficiency,  they  shall  exhil)it  an  account  of  their  attendance  aforesaid 
before  a  publick  meeting  of  the  town  aforesaid,  which  account,  being 
examined  and  found  just,  shall  be  paid  by  the  town  treasurer  aforesaid, 
upon  the  order  of  the  said  town  ;  but  in  case  there  shall  not  be  a  suf- 
ficiency, the  town  aforesaid  shall  make  provision  for  the  payment  of 
such  managers'  allowance  aforesaid  :  prodded^  that  no  more  than  four 
of  the  managers  aforesaid  sliall  be  intitled  to  such  allowance  for  one 
and  the  same  day. 

And  he  it  farther  enacted, 

[Si:ct.  13.]  That  the  managers  or  directors  aforesaid,  after  the 
said  lottery,  or  each  of  the  said  lotteries,  respectivel}',  is  finished,  shall 
receive  the  accounts  of  all  charges  arisen  thereon,  and,  having  found 
them  ju.-5t,  shall  certify  the  same  upon  said  accounts,  and  direct  the 
town  treasurer  aforesaid  to  pa}'  them  ofl'and  discharge  them. 

And  he  it  farther  enacted, 

[Sect.  14.]  That  the  managers  aforesaid  shall  contract  and  agree 
for  the  raising  said  causewa\-  and  l»uilding  the  bridge  aforesaid,  and  for 
the  materials  and  labour  necessary  to  do  the  same,  at  monc}-  price,  and 
shall  ^raw  on  the  town  treasurer  aforesaid  for  the  payment  thereof ; 
and,  when  the  said  causeway  and  bridge  are  finished,  they  shall  exhibit 
a  particular  account  of  the  cost  of  the  same,  and  lay  it  before  the  town 
aforesaid  at  one  of  their  publick  meetings,  in  order  to  pat  on  file  with 
their  other  papers.     \_Passed  October  20. 


Managers  to 
keep  account  of 
the  lime  of  their 
attendance,  and 
exhibit  tbcHame 
to  the  town. 


Managers  to  re- 
ceive acconnta 
of  ehaitce,  and 
order  payment. 


Managers  to 
contract  for  the 
work  and 
materials,  &c. 


CHAPTER    11. 

AN  ACT  PROVIDING  FOR  THE  RECEPTION  AND  ACC0M[3/]0DATI0N  OF 
HLS  MAJESTY'S  FORCES  ^VITIIIN  THIS   PROVINCE. 


Be  it  enacted  by  the  Governo[_u']r,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]     That  when  and  so  often  as,  during  the  continuance  of  Remiiar  force* 
this  act,  it  shall  be  judged  necessary  for  the  defence  of  his  majesty's   ")',rou''h''ii,o 
dominions  or  for  carrying  on  measures  against  his  enemies,  that  any   province  to  bo 
of  his  majesty's  regular  furces  should  march  through  any  of  the  towns   qli^rte'rsi  Smj^. 
or  districts  within    this  province,  every  taverner  or  inuholder  within 
such  town  or  district  shall  receive  and  entertain,  within  their  respec- 
tive houses  and  outhouses,  as  many  of  such  Ibrces  as  can  therein  be 
received  and  accom['//i]odated  ;  and  if  such  forces  shall  not  be  provided 
with  victuals,  every  such  taverner  or  iimholder  shall  furnish  them  with 


276 


Province  Laws.— 1759-60.  [Chap.  12.] 


Rates  of 
quarters. 


Complaint  made 
against  any 
taverner,  inn- 
holder,  &c. 


Penalty. 


Governor,  -with 
the  advice  of 
the  council,  to 
authorize  per- 
sons to  provide 
quarters  for  his 
majesty's  forces, 
in  any  town. 


Limitation. 


diet  and  small  beer,  payment  or  allowance  to  be  made  therefor  as 
follows ;  vizi^'^., — 

For  one  commission  officer  of  foot,  under  the  degree  of  a  captain, 
for  his  diet  and  small  beer,  per  diem,  one  shilling  sterling ;  and  for 
each  foot  soldier's  diet  and  small  beer,  sixpence  sterling  per  diem  ;  and 
so  in  proportion  for  part  of  a  day. 

And  be  it  further  enacted, 

[Sect.  2.]  That  upon  complaint  made  to  an}'  justice  of  the  peace 
for  any  of  the  counties  in  this  province,  respectively,  that  an}'  taverner 
or  innholder  doth  refuse  to  receive  and  entertain  an}-  of  his  majesty's 
forces  as  aforesaid,  such  justice  shall  forthwith  make  enquiry  into 
the  gi'ounds  of  such  complaint,  and  shall  thereupon,  within  two  hours, 
determine  and  order  how  many  of  such  forces  shall  be  received  into 
the  house  or  outhouses  of  such  taverner  or  innholder,  and  how  many 
shall  be  furnished  with  diet  and  small  beer ;  and  every  taverner  or 
innholder  refusing  or  neglecting  to  receive  and  entertain  such  and  so 
many  of  the  forces,  shall,  for  each  offence,  forfeit  and  pay  the  sum  of 
ten  pounds  sterling. 

And  be  it  further  enacted, 

[Sect.  3.]  That  when  and  so  often  as,  during  the  continuance  of 
this  act,  any  of  his  majesty's  regular  forces  shall,  for  the  defence  of  his 
dominions,  or  for  prosecuting  measures  against  his  majesty's  ene- 
mies, be  ordered  into  any  town  or  towns  within  this  province,  it  shall 
and  may  be  lawful  for  the  governor,  with  the  advice  of  the  council,  to 
appoint,  authorize  or  impower  any  person  or  persons  to  agree  for  and 
take  up  such  and  so  many  houses  and  buildings,  in  or  near  such  town  or 
towns,  as  shall  be  judged  sufficient  and  necessaiy,  together  with  the 
barracks  already  provided  at  Castle  William,  to  receive  and  accom- 
[m]odate  the  whole  number  of  forces  that  ma}'  be  so  ordered,  or,  if 
need  be,  to  impress  so  many  uninhabited  tenements  in  or  near  such 
town  or  towns  as  shall  be  necessary  as  aforesaid,  and  also  to  provide 
such  bai'rack  utensils  and  necessaries  as  shall  be  judged  reasonable  ; 
the  charge  thereof  to  be  advanced  and  paid  out  of  the  public  [A;]  treas- 
ury, and  an  account  thereof  to  be  transmitted  to  the  general  of  his 
majesty's  forces,  for  a  reimburs[ment][ed],  or  to  the  agent  of  this 
province,  in  England,  in  order  to  his  sol[l]iciting  the  repayment  of  the 
same. 

[Sect.  4.]  This  act  to  be  and  continue  in  force  from  the  twentieth 
day  of  October,  instant,  to  the  last  day  of  March,  one  thousand  seven 
hundi-ed  and  sixty,  and  no  longer.     [Passed  October  20. 


CHAPTER    12. 


AN  ACT  FOR  THE  RELIEF  OF  POOR  PRISONERS  FOR  DEBT. 


Persons  stand- 
ing committed 
for  debt  or  dam- 
ages, who  have 
not  sufficient 
estate  to  support 
themselves  in 
prison,  on  com- 
plaint to  two 
justices,  quorum 
untis,  to  have 
the  privilege  of 
this  act. 
1741-42,  Chan  6. 


Be  it  enacted  by  the  Governour,  Coimcil  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  when  any  persons,  standing  committed  for  debt 
or  damages,  shall  complain  that  he  or  she  hath  not  estate  sufficient 
to  support  him-  or  herself  in  prison,  the  goaler  or  keeper  of  such 
prison  shall,  at  the  request  of  such  prisoner,  apply  to  two  justices  of 
the  peace  within  the  county,  quorum  unus ;  who  shall  thereupon  make 
out  a  notification,  under  their  hands  and  seals,  to  be  served  on  the 
creditor  or  creditors  of  such  prisoner,  if  he,  she  or  they  live  within 
this  province,  his  or  her  executor,  administrator,  agent  or  attorno}-, 


[2d  Sess.] 


Province  Laws. — 1759-60. 


277 


b}-  reading  the  same  to  thorn,  or  b}'  leaving  an  attested  copy  thereof 
at  the  place  of  his,  her  ot  their  usual  abode,  or,  if  out  of  the  prov- 
ince, then  to  be  left  at  the  place  of  the  usual  abode  of  such  creditor 
or  creditors'  agent  or  attorney,  if  anj'  he,  she  or  the}'  have,  thereby 
signifying  to  him,  her  or  them,  such  prisoner's  desire  of  taking  the 
priviledge  and  benefit  allowed  in  and  l)y  this  act,  and  of  the  time  and 
place  appointed  for  the  intended  caption  of  his  or  her  oath  ;  which 
notification  shall  be  served  at  least  forty  days  before  the  caption,  and 
so  certified  to  the  justices,  that  so  he,  she  or  they  ma}-  be  present,  if 
they  see  cause  ;  and  in  case  any  creditor  lives  without  this  province, 
and  hath  no  agent  or  attorney  in  it,  the  justices  shall  cause  a  notifi- 
cation to  be  left  with  the  clerk  of  the  court  out  of  which  the  execu- 
tion issued,  and  shall  allow  double  the  time  before  mentioned  :  and 
such  justices  are  hereby  impowered  to  administer  to  the  debtor,  if 
they  think  proper  so  to  do,  after  they  have  fully  examined  and  heard 
the  parties,  the  following  oath  ;  %iz'^'^., — 

I,  A.  B.,  do,  upon  my  oath,  solemnly  profess  and  declare  before  Almighty  Form  of  the 
God  that  I  have  not  any  estate,  real  or  personal,  in  possession,  reversion  or  °^'■^■ 
remainder,  sufBcient  to  suppoi-t  myself  in  prison,  or  to  pay  prison  charges ; 
and  that  I  have  not,  since  the  commenc[ing][we;i^]  of  this  suit  upon  me,  nor 
at  any  other  time,  directly  or  indirectly,  sold,  leased,  or  otherwise  conveyed,  or 
disposed  of,  to,  or  intrusted  any  person  or  persons  whomsoever  with,  all  or  any 
part  of  the  estate,  real  or  personal,  whereof  I  have  been  the  lawful  owner  or 
possessor,  with  any  intent  or  design  to  secure  the  same,  or  to  receive  or  to 
expect  any  profit  or  advantage  therefrom ;  or  done,  caused  or  suffered  to  be 
done,  anything  else  whatsoever  whereby  any  of  my  creditors  may  be  de- 
frauded. 


—  which  oath  being  taken  by  such  prisoner,  and  certificate  thereof 
made,  under  the  hands  and  seals  of  the  justices  administring  the  same, 
to  the  goaler  or  keeper,  ho  shall  thereupon  set  such  prisoner  at  liberty, 
unless  the  creditor  or  creditors,  agent  or  attorney,  notified  as  aforesaid, 
his,  her  or  their  executor  or  administrator,  shall  give  security  to  the 
goaler  or  keeper,  for  the  payment  of  three  shillings  and  sixpence  per 
week  for  and  towards  the  support  of  such  prisoner  while  he  or  she 
shall  be  detained  in  prison  ;  and  the  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  sot  him  or  her  at  liberty. 

[Sect.  2.]  And  in  case  the  goaler  shall  refuse  or  delay  to  discharge 
any  prisoner  who  has  complied  with  this  act,  he  shall  forfeit  and  i:)ay 
to  the  prisoner  the  full  sum  for  which  he  stands  committed,  to  be  recov- 
ered by  action  of  debt  in  any  court  proper  to  try  the  same. 

And  be  it  further  enacted^ 

[Sect.  3.]  That  if  any  such  prisoner  as  aforesaid  shall  be  con- 
victed of  having  sold,  leased  or  otherwise  convoyed  or  disj^osed  of,  or 
intrusted,  his  or  her  estate,  or  any  part  thereof,  directly  or  indirectly, 
contrary  to  his  foregoing  oath,  he  shall  not  only  be  lial)le  to  tlie  pains 
and  penalties  mentioned  in  the  act  for  punishing  of  wilful  perjury,  but 
shall  receive  no  benefit  from  his  oath  ;  or  in  case  such  prisoner,  at  the 
time  of  the  intended  caption,  shall  not  take  the  aforesaid  oath,  or  be 
not  admitted  thereto  liy  the  justices,  he  or  she  shall  be  remanded  back 
to  the  goal,  and  shall  not  be  intitled  to  the  benefit  of  this  act. 

[Sect.  4.]  And  all  and  every  judgment  obtained  against  such  pris- 
oner shall,  notwithstanding  such  disciiarge  as  aforesaid,  be  and  remain 
good  and  effectual  in  law,  to  all  intents  and  purposes,  against  any  estate, 
whatsoever,  which  may  then  or  at  any  time  afterwards  l)olong  4o  him  or 
her  ;  and  the  creditor  or  creditors,  agent  or  attorney,  his,  her  or  their 
executors  or  administrators,  may  take  out  a  new  execution  against  the 
lands,  tenements,  hereditaments,  goods  and  chattels  of  such  prisoner 


Oath  taken,  and 
certificate  made 
by  the  justices 
administering 
the  same,  the 
prisoner  to  be 
set  at  liberty, 
unless. 


Penalty  in  case 
of  refusal  or 
neglect  of  the 
gaoler,  &c. 


Prisoner  con- 
victed of  selling, 
or  otherwise 
disposing  of, 
his  or  her  estate, 
how  to  be 
punished. 
1692-3,  cbap.  18. 
§9. 


Judgment  ob- 
tained against 
such  pris<^ner, 
to  remain  good 
and  efl'ectual  in 
law  against  his 
or  her  estate, 
notwithstanding 
such  discbarge, 
&c. 


278 


Province  Laws.— 1759-60.         [Chap.  13.] 


Proviso. 


Limitation. 


(his  or  her  wearing  apparel,  bedding  for  him  and  his  or  her  family, 
and  tools  necessary'  for  his  or  her  trade  or  occupation,  only  excepted), 
for  the  satisfaction  of  the  debt,  in  such  sort  and  manner  as  might  have 
been  done  in  case  such  prisoner  had  never  been  taken  in  execution ; 
and  the  charge,  if  any  there  be,  that  the  creditor  has  been  at  for  such 
prisoner's  weekly  support  as  aforesaid  (upon  oath  being  first  made 
thereto  before  the  clerk  of  the  court  out  of  which  the  execution  issues, 
who  is  hereby  impowered  to  administer  the  same),  shall  be  added 
thereto ;  and  if  any  debtor  shall  be  aggrieved  at  any  such  additional 
charge,  the  creditor  shall  forfeit  and  pay  to  the  debtor  fourfold  the 
sum  unjustly  charged  and  levied  upon  him  for  such  support,  to  be 
recovered  in  any  court  proper  for  the  trial  thereof. 

Provided^  nevertheless^ — 

And  it  is  hereby  declared, 

[Sect.  5.]  That  such  prisoner  as  aforesaid  shall  only  be  discharged 
from  the  execution  or  executions  whereon  such  process,  as  is  before 
mentioned,  has  been  had,  and  not  from  any  other  whereon  he  or  she 
may  be  committed,  until  the  oath  and  directions  before  [pr][d] escribed 
be  taken  and  attended  ;  nor  shall  any  person  who,  after  receiving  the 
benefit  of  this  act,  shall  be  again  committed  upon  any  new  execution 
as  aforesaid,  receive  any  further  advantage  by  this  act;  nor  shall  this 
act  be  construed  to  extend  to  any  person  in  custody'  for  any  fine  im- 
posed on  him  or  her. 

[Sect.  6.]  This  act  shall  continue  and  be  in  force  from  the  twen- 
tieth day  of  October  instant,  until  the  fii'st  da}^  of  April,  which  will  be 
in  the  yesiv  of  our  Lord  one  thousand  seven  hundred  and  sixty- three. 
[^Passed  October  20. 


CHAPTER    13. 

AN  ACT  FOR  REVIVING  SUNDRY  LAWS  THAT  ARE  EXPIRED. 


Revival  of 
sundry  laws. 

Small-pox. 

1742-43,  chap. 

17. 

Commissioners. 

1745-46,  chap. 

16. 

Views  by  juries. 

1746-47,  chap.  6. 

Drains. 
1753-54,  chap. 
43. 

Petitions  for 
licenses. 
175&-56,  chap. 
39. 


Vagabonds. 
1755-56,  chap. 
43. 


Continued  to 
the  first  of 
April,  1763. 


Whereas  the  several  acts  hereinafter  mentioned,  which  are  now  ex- 
pired, have  been  found  useful  and  beneficial ;  namely,  one  act  made  in 
the  sixteenth  year  of  his  present  majesty '«  reign,  intitled  "  An  Act  to 
prevent  the  spreading  of  the  small-pox  and  other  infectious  sickness, 
and  to  prevent  the  concealing  the  same ; ' '  one  act  made  in  the  eigh- 
teenth year  of  said  reign,  intitled  "  An  Act  in  addition  to  the  act  in- 
titled  'An  Act  for  appointing  commissioners  of  sewers;'"  one  act 
made  in  the  twentieth  year  of  said  reign,  intitled  "  An  Act  relating  to 
views,  by  a  juiy  in  civil  actions  ;  "  one  act  made  in  the  twent3'-seventh 
3' ear  of  said  reign,  intitled  "An  Act  in  addition  to  the  act  made  and 
passed  in  the  eighth  year  of  the  reign  of  her  late  majesty  Queen  Anne, 
intitled  '  An  Act  for  regulating  of  drains,  or  common  shores  ; '  "  two 
acts  made  in  the  twenty-ninth  year  of  said  reign,  one  intitled  "  An  Act 
for  preventing  petitions  to  the  general  court,  relating  to  licences  for  re- 
tailing strong  drink,  and  keeping  houses  of  publick  entertainment;" 
and  the  other  intitled  ' '  An  Act  in  addition  to  the  several  acts  and 
laws  of  this  province,  now  in  force,  respecting  poor  and  idle,  disorderly 
and  vagrant,  persons," — 

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

That  the  before-mentioned  acts,  with  all  and  every  article,  clause, 
matter,  and  thing,  therein  resiDcctivel}'  contained,  be  and  hereby  are 
revived,  and  shall  be  in  force  from  the  twenty-fifth  day  of  October,  in- 
stant, and  until  the  first  day  of  April,  one  thousand  seven  hundred 
and  sixty-three,  and  no  longer.     [Passed  October  20. 


[2d  Sess.] 


Pkovince  Laws.— 1759-60. 


279 


CHAPTER    14. 


AN  ACT  TO  REVIVE  AN  ACT  INTITLED  "AN  ACT  MAKING  PROVISION 
FOR  THE  QUARTERING  AND  BILLETING  RECRUITING  OFFICERS  AND 
RECRUITS  IN  HIS  MAJESTY'S  REGULAR  FORCES  EMPLOYED  FOR 
THE  PROTECTION  AND  DEFENCE  OF  HIS  MAJESTY'S  DOMINIONS  IN 
NORTH  AMERICA." 

Whereas  an  act  was  passed  in  the  [32°'^]  [^thirty-second]  year  of  his  Preamble. 
majest3''s  reign,  intit[u]Ied  "An  Act  making  provision  for  the  quarter-  Jsf*^^'  '^^^^' 
ing  and  billeting  recruiting  officers  and  recruits  in  his  majest3-'s  regu- 
lar forces   employed  for  the  protection  and  defence  of  his  majesty's 
dominions  in  North  America",  which  act  is  now  expired ;  and  whereas 
his  majest3^'s  service  ma^^  require  the  revival  of  said  act, — 

Be  it  enacted  by  the  Governo[ii']r,  Council  and  House  of  Representa- 
tives, 

That  the  act  aforesaid  be  and  it  hereby  is  revived,  and  ever}'  clause  cootinueduii 
and  paragraph  therein  shall  be  and  continue  in  force  from  the  [25""]    jJfn|!";6o^ 
[ticenty -fifth']  da}' of  October,  [1759]  [one  thousand  seven  hundred  and  provided.' 
fifty-nine],  to  the  [!"]  [first]  day  of  June,  [1760]  [one  thousand  seven 
hundred  and  sixt7j],  if  the  war  with  France  shall  continue  so  long. 
[Passed  October  20. 


280 


Pbovince  Laws.— 1759-60.         [Chap.  15.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Second  day  of  January,  A.D.  1760. 


CHAPTEK    15. 


Preamble. 
1757-58,  chap.  9. 
1740-41,  chap.  4. 
1755-56,  chap. 
23. 


1748-49,  chap. 
17. 


Time  for  bring- 
ing actions  of 
the  case,  to  be 
extended. 


1740-41,  chap.  4. 
This  act  to  be 
read  in  towns 
and  districtB. 
1748-49,  chap. 
17. 


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,  b}^  a  law  of  this  province,  intituled  "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,"  made  and  passed  in  the  thirtj'- 
first  3'ear  of  his  present  majesty's  reign,  the  time  limited  for  commen- 
cing all  actions  of  account,  and  upon  the  case,  excepting  such  as  are 
excepted  in  another  act,  intituled  "  An  Act  in  addition  to  and  for  the 
explanation  of  an  act,  intituled  '  An  Act  for  limitation  of  actions,  and 
avoiding  suits  at  law  where  the  matter  is  of  long  standing,'  "  made  and 
passed  in  the  twent^'-second  year  of  his  present  majesty's  reign,  will 
expire  the  last  day  of  March  next ;  and  tuhereas  the  continuance  of  the 
war,  and  great  numbers  of  men  that  are  and  may  hereafter  be  in  his 
majesty's  service,  will  make  it  necessary  that  some  further  time  may  be 
allowed  for  the  bringing  some  kind  of  actions, — 

Be  it  therefore  enucted  by  the  Governoiir,  Council  and  House  of  Rep- 
resentatives^ 

[Sect.  1 .]  That  the  time  for  commencing  of  actions  of  the  case,  upon 
notes  of  hand,  or  upon  book  accounts,  limited  by  said  act  of  the  twenty- 
second,  or  by  said  act  of  the  thirty-first,  year  of  his  present  majesty's 
reign,  shall  be  and  is  hereby  extended  to  the  last  day  of  March,  which 
will  be  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  sixt}'- 
three  ;  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  generally  known, — 

Be  it  further  enacted^ 

[Sect.  2.]  That  the  act,  intituled  "An  Act  for  the  limitation  of 
actions,  and  for  avoiding  suits  in  law  where  the  matter  is  of  long  stand- 
ing," made  in  the  thirteenth  year  of  the  present  reign,  the  aforesaid  act, 
intituled  "  An  Act  in  addition  to  and  for  the  explanation  of  an  act,  inti- 
tuled '  An  Act  for  the  limitation  of  actions,  and  avoiding  suits  at  law 
where  the  matter  is  of  long  standing,'  "  made  and  passed  in  the  twenty- 
second  3'ear  of  the  present  reign,  and  this  act,  shall  be  read  by  the  clerk 
of  each  town  and  district,  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  publiekly  read 
at  the  opening  of  their  courts,  from  time  to  time,  from  tiie  publication 
of  this  act  and  until  the  last  day  of  March,  one  thousand  seven  hundred 
and  sixty-three.     \_Passed  January  16  ;  *  published  February  5,  1760. 

*  February  13,  according  to  the  record. 


[3d  Sess.] 


Province  Laws.— 1759-60. 


281 


CHAPTER    16> 

AN  ACT  FOR  APPLYING  THE  SUM  OF  T^VENTY-SEVEN  THOUSAND  FIVE 
HUNDRED  AND  SEVENTY-FOUR  POUNDS  TEN  SHILLINGS,  LAWFUL 
MONEY,  REMITTED  TO  THE  PROVINCE  BY  MR.  AGENT  BOLLAN,  TO 
THE  PAYMENT  OF  THE  OFFICERS  AND  SOLDIERS  IN  THE  LATE 
EXPEDITION  AGAINST  CANADA. 

"Whereas,  in  and  by  an  act  passed  in  this  present  3'ear  of  his  maj-  Preamble, 
esty's  reign,  intit[?<]led  "An  Act  for  supplying  the  treasury  with  the  1759-6O,  chap.  8. 
sum  of  one  hundred  and  forty-four  thousand  five  hundred  pounds,  to 
be  thence  issued  for  discharging  the  public[A']  debts,  and  drawing  the 
same  into  the  treasury'  again,  the  treasurer  of  the  province  is  impow- 
[e]red  and  directed  to  borrow  one  sum  of  sixtv  tliousand  pounds,  and 
to  apply  the  same  to  the  payment  of  the  expences  in  the  expedition 
against  Canada  in  the  year  one  thousand  seven  hundred  and  fifty-nine  ; 
and  the  said  treasurer  is  impowered  and  directed,  b^-  the  same  act,  to 
issue  his  warrants  to  the  selectmen  or  assessors  of  each  town  and  dis- 
trict within  this  province,  some  time  in  the  month  of  June,  one  thou- 
sand seven  hundred  and  sixty,  for  said  sum,  to  be  proportioned  among 
the  several  towns  and  districts,  according  to  the  preceeding  tax  act : 
provided  that  the  general  court  at  their  sessions  in  May,  and  before  the 
twentieth  day  of  June,  in  the  aforesaid  3"ear,  do  not  agree  and  conclude 
upon  an  act  to  apportion  the  same  ;  and  whereas  the  sum  of  twent}'- 
seven  thousand  five  hundred  and  seventh-four  pounds  ten  shillings,  in 
lawful  money  of  this  province,  has  been  remitted  to  the  province  by 
Mr.  Agent  Bollan,  and  received  into  the  treasurj-  before  the  aforesaid 
sum  was  borrowed,  and  remains  to  be  appropriated, — 

Be  it  therefore  enacted  by  the  Gove7'no\_u^r,  Council  and  House  of 
Rpj)  rese  ntat  ives , 

That  the  treasurer  of  the  province  be  and  hereby  is  impowered  and   Treasurer  im- 
directed  to  apply  the  said  sum  of  twenty-seven  thousand  five  hundred   appiyTiieraoneT 
seventy-four  pounds  ten  shillings,  to  the  payment  of  the  oflScers  and   received  from 
soldiers  employed  in  the  expedition  against  Canada,  in  the  j^ear  one   Boiian!*^" 
thousand  seven  hundred  and  fifty-nine ;  and  that,  instead  of  borrowing 
the  sum  of  sixt\'  thousand  pounds,  as  aforesaid,  he  borrow  no  more 
than  the  sum  of  thirt3"-two   thousand    four  hundred   and   twent3-five 
pounds  ten  shillings,  and  that,  instead  of  a  tax  going  out  for  sixtj^-four 
thousand  pounds,  as   aforesaid,   it  be  issued  for  thirt3'-five  thousand 
pounds,  and  no  more.     [^Passed  January  25  ;  *  published  February  5, 
1760. 


CHAPTER    17. 

AN  ACT  IMPOWERING  THE  PROVINCE  TREASURER  TO  BORROW  THE 
SUM   OF  SIXTY  THOUSAND  POUNDS. 


Whereas  this  court  have  agreed  to  raise  a  number  of  men  to  co-  Preamble, 
operate  with  his  majesty's  other  forces  for  the  reduction  of  Canada, 
and  it  is  necessar3'  that  there  be  a  speed3'  suppl3'  of  mone3'  for  lev3-ing 
the  same, — 

Be  it  enacted  by  the  Governour,  Council  a7id  House  of  Representa- 
lives, 

[Sect.  1.]     That  the  treasurer  of  this  province  be  and  hereby  is  Treasurer  em- 
directed  and  impowered  to  borrow  the  sum  of  sixt3-  thousand  pounds,   row  £6o  000**°'" 

•  February  13,  according  to  the  record. 


282 


Province  Laws.— 1759-60.         [Chap.  17.] 


Form  of  treas- 
urer's receipt. 


Tax  of  £75,000, 
in  1763. 


Rule  for  appor- 
tioning the  tax, 
in  case  no  tax 
act  shall  he 
agreed  on. 


Treasurer  to 
apply  moneys 
that  may  be 
received  from 
Great  Britain. 


in  Spanish  miU'd  dollars  at  six  shillings  each,  or  in  coined  silver,  ster- 
ling alio}',  at  six  shillings  and  eightpence  per  ounce,  and  the  said  sum 
of  sixty  thousand  pounds,  when  borrowed,  shall  be  issued  by  the  gov- 
ernour  or  commander-in-chief,  b}^  and  with  the  advice  of  the  council, 
for  the  levying  the  said  men,  pursuant  to  the  order  of  this  court,  and 
for  no  other  use  whatsoever ;  and  if  there  shall  be  a  surplus,  it  shall 
remain  in  the  treasury  for  the  further  order  of  this  court ;  and  for  the 
sum  so  borrowed  the  treasurer  shall  give  receipts  and  obligations  in 
the  form  following : — 

Province  of  the  Massachusetts  Bay.     The  day  of  1760. 

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  twentieth  day  of  June,  one  thousand 

seven  hundred  and  sixty-foirr,  the  aforesaid  sum  of  ,  in  coined 

silver  of  sterling  alloy,  at  six  shillings  and  eightpence  per  oimce,  or  in  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. 

— and  no  receipt  or  obligation  shall  be  given  for  less  than  six  pounds. 

And  to  enable  the  treasurer  to  discharge  the  obligations  by  him  given 
in  pursuance  of  this  act, — 

Be  it  enacted, 

[Sect.  2.]  That  there  be  and  hereby  is  granted  to  his  most  excel- 
lent majesty,  a  tax  of  seventj^-five  thousand  pounds,  to  be  levied  on 
polls,  and  estates  within  this  province,  according  to  such  rules  and  in 
such  proportions  as  shall  be  agreed  ujDon  and  ordered  b}^  the  general 
court  of  this  province,  at  their  sessions  in  May,  and  before  the  twen- 
tieth of  June,  one  thousand  seven  hundred  and  sixty-three ;  and  if 
there  shall  be  a  surplus,  it  shall  remain  in  the  treasury  for  the  order  of 
this  court. 

And  be  it  further  enacted^, 

[Sect.  3.]  That  in  case  the  general  court  shall  not,  by  the  twentieth 
of  June,  one  thousand  seven  hundred  and  sixt3'-three,  agree  and  con- 
clude upon  a  tax  act  to  draw  into  the  treasuiy  the  aforesaid  sum  of 
seventy-five  thousand  pounds  by  the  thirt^'-flrst  day  of  March  then 
next  after,  that  then  the  treasurer  of  the  province  shall  issue  his  war- 
rants, directed  to  the  assessors  of  the  several  towns  and  districts  within 
this  province,  requiring  them,  respectively,  to  assess,  lev}' and  pay  their 
respective  proportions  of  said  sum  according  to  the  proportions,  rules 
and  directions  of  the  then  last  preceeding  tax  act. 

Whereas  this  province  have  a  humble  trust  and  dependence  on  his 
majesty  for  a  reimbursement  of  the  charge  that  shall  arise  in  conse- 
quence of  the  aforesaid  expedition, — 

Be  it  therefore  enacted, 

[Sect.  4.]  That  the  treasurer  be  and  he  is  hereby  directed  and 
impowered  to  appl}'  so  much  of  the  money  that  may  be  granted  by 
parliament  as  a  compensation  for  the  service  of  the  j'ear  one  thousand 
seven  hundred  and  sixt}',  and  shall  arrive  here  from  Great  Britain 
before  the  twentieth  day  of  June,  one  thousand  seven  hundred  and 
sixty -three,  as  shall  be  sufficient  to  discharge  the  obligations  by  him 
given  in  pursuance  of  this  act ;  and  in  case  so  much  money  shall  arrive 
from  Great  Britain  and  be  received  into  the  province  treasury  before 
the  twentieth  of  June,  one  thousand  seven  hundred  and  sixty-three,  as 
shall  be  sufficient  to  discharge  the  obhgations  given  by  the  treasurer, 
as  aforesaid,  then  in  such  case  the  several  clauses  in  this  act  providing 
for  the  issuing  a  tax  of  seventy-five  thousand  pounds  shall  be  and 
hereby  is  declared  null  and  void  ;  but  if  the  sum  that  shall  be  received 


[3d  Sess.] 


Province  Laws. — 1759-60. 


from  Great  Britain  shall  not  be  suflicicnt  for  the  discharging  the  obli- 
gations given  by  the  treasurer,  and  interest  thereon,  in  pursuance  of 
this  act,  then  and  in  such  case  the  tax  or  taxes  ordered  by  this  act 
shall  go  forth  only  for  a  sum  to  make  good  the  deficiency.  \_Passed 
February  13  ;  published  February  14,  17G0. 


283 


Soldierg  and 
eeaniL-n  in  bis 
majesty's  ser- 


CHAPTEK    18. 

AN    ACT    TO    PREVENT    SOLDIERS    AND    SEAMEN    IN    HIS    MAJESTY'S 
SERVICE  FROM  BEING  ARRESTED  FOR  DEBT. 

For  the  more  speedy  and  effectual  levying  of  soldiers,  and  to  pre-   Preamble, 
vent  their  being  arrested  for  debt,  or  their  defrauding  the  government  25!^"^'''  ''^"^' 
of  the  bounty  they  ma}^  receive, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  no  person  who  is  or  shall  be  engaged  in  his  maj 
esty's  service,  and  in  the  pay  of  this  province,  either  as  a  non-commis 
sion  officer,  private  soldier  or  seaman,  shall,  during  his  continuance  vice  not  liabio 
therein,  be  liable  to  be  taken  out  of  his  majesty's  service  by  any  pro-  earrese  . 
cess  or  execution,  unless  for  some  criminal  matter,  for  any  sum  under 
the  value  of  ten  pounds  sterling,  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  count}^  where  the 
l)laintiff  or  plaintiffs  may  happen  to  be,  that  to  his  or  their  knowledge 
there  is,  bondjide,  due  from  such  person  as  the  process  or  execution 
is  desired  to  issue  against,  the  sum  of  ten  pounds  sterling  at  least,  and 
was  due  on  the  twenty-fourth  day  of  Januar}-  last ;  nor  in  either  of  the 
cases  aforesaid  shall  the  soldier  or  soldiers  be  taken  out  of  said  ser- 
vice (in  causes  criminal  only  excepted)  unless  the  plaintiff  or  plaintiffs, 
or  the  person  in  whose  favour  the  execution  issued,  shall  pay  the 
bounty  money  the  said  soldier  received,  unto  the  justice  or  justices 
who  shall  administer  the  oath  aforesaid ;  in  which  cases  said  justice 
or  justices  shall  forthwith  transmit  the  same  to  the  treasurer  of  the 
province,  particularly  mentioning  for  whom  said  bounty  money  was 
paid  ;  said  sum  to  ])c  recovered,  in  the  cases  aforesaid,  of  the  soldier, 
by  action  of  debt  brought  therefor  by  the  person  that  paid  the  same  : 
and  eveiy  non-commission  officer,  private  soldier  or  seaman,  whose 
body,  contrary  to  the  true  intent  of  this  act,  shall  be  arrested  by  mean 
process  or  execution  after  his  being  inlisted  into  said  service,  may  and 
shall  l)e  set  at  lil>erty  by  any  two  justices  of  the  peace,  quorum  unus, 
or  by  one  of  the  justices  of  the  court  where  such  process  issued,  upon 
application  made  by  him  or  his  superiour  oflicer,  and  proof  of  his  being 
entred  into  the  service  aforesaid. 

[.Sect.  2.]  And  when  it  shall  so  happen  that  any  non-commission 
officer,  private  soldier  or  seaman  shall  be  actually  committed  to  goal,  on 
any  execution,  and  shall  be  liberated  as  aforesaid,  after  liis  Iteing  dis- 
missed from  said  service  the  clerk  of  the  court  from  whence  the  execu- 
tion issued  may  and  hereby  is  enjoined  to  give  an  alias  execution,  upon 
the  creditor's  application  for  one. 

Provided^  nevertheless,  and  it  is  the  true  intent  and  meaning  of  this 
act, 

[Sect.  3.]     That  no  sucli  non-commission  officer,  private  soldier  or  Proviso, 
seaman  as  aforesaid,  shall  have  his  person  exempted  from  arrests  for 


284 


Pkovixce  Laws.— 1759-60.     [Chaps.  19,  20.] 


any  sum  or  sums  due  for  the  publick  tax  for  the  year  one  thousand 
seven  hundred  and  fift3--nine,  any  thing  in  this  act  to  the  contrar}^  not- 
withstanding.    [Passed  February  13  ;  published  February  14,  1760. 


CHAPTER    19. 

AN  ACT  IN  ADDITION  TO  THE   SEVERAL  ACTS  AGAINST   DESERTIONS 
AND  FOR  THE  PUNISHMENT  OF  DESERTERS. 


Persons  enlisted 
and  shall  after- 
wards abscond, 
how  to  be  pro- 
ceeded with. 
1744-45,  chap. 
11. 

1746-47,  chap. 
23. 

1756-57,  chap. 
36. 
1758-59,  chap.  2. 


Be  it  enacted  by  the  Governour^  Council  and  House  of  Representa- 
tives, 

That  if  an}'  person  shall  inlist  into  the  provincial  service,  and  re- 
ceive part  of  the  bounty  monej'  granted,  or  that  shall  be  granted,  during 
the  present  war  with  France,  and  shall  not  attend  the  orders  given  him 
b}^  his  superiour  officer,  but  shall  abscond,  he  shall  be  deemed  a  desert- 
er, to  all  intents  and  purposes,  as  fully  as  if  he  had  received  the  whole 
of  the  bount}',  and  had  read  to  him  the  second  and  sixth  sections  of  the 
articles  of  war,  against  mutiii}'  and  desertion,  and  had  taken  the  oath 
of  fidelity  ;  and  it  shall  and  may  be  lawful  for  au}'  person  to  apprehend 
any  one  who  may  be  suspected  of  desertion,  and  bring  him  before  any 
justice  of  the  peace  living  in  or  near  to  the  place  where  he  shall  be 
apprehended,  who  is  hereby  impowered  to  examine  such  suspected  per- 
son, and  if,  h\  his  confession,  or  the  testimoii}^  of  one  or  more  witness 
or  witnesses  upon  oath,  or  upon  his  inlistment  being  produced,  or  by 
the  knowledge  of  such  justice  of  the  peace,  it  shall  appear  that  he 
was  inlisted  and  had  received  the  bount}'  money  therefor,  or  any  part 
of  the  same,  such  justice  of  the  peace  shall  immediately  cause  said 
deserter  to  be  conveyed  to  his  majesty's  Castle  William,  in  order  to 
his  being  transported  (if  his  excellency  the  governour  shall  see  meet) 
to  one  of  the  garrisons  in  this  province,  there  to  do  dut}'  as  a  soldier 
until  he  shall  thereb}'  have  reimbursed  the  province,  at  the  rate  of 
garrison  pay,  the  bount}'  he  shall  have  received,  the  fort}'^  shillings 
reward  for  taking  him  up,  and  all  other  charges  the  province  shall  have 
been  at  in  his  being  apprehended  and  transported  as  aforesaid  ;  and 
every  such  person  shall  be  deemed  a  soldier  in  the  service  of  this 
province,  and,  in  case  of  misconduct,  be  subject  to  the  like  penalties  as 
if  he  had  inlisted  into  the  same.  [Passed  February  13  ;  publisJied 
February  14,  1760. 


CHAPTER    20. 


Treasurer  to 
pay  widows  of 
non-coramission 
officers  and 


AN  ACT  TO  ENABLE  THE  WIDOWS  OF  SUCH  NON-COMMISSION  OFFI- 
CERS AND  SOLDIERS  AS  SERVED,  IN  THE  PAY  OF  THIS  PROVINCE, 
UNDER  THE  GENERAL  AND  COMMANDER-IN-CHIEF  OF  HIS  MA- 
JESTY'S FORCES  IN  NORTH  AMERICA,  IN  THE  YEAR  1759,  AND  ARE 
SINCE  DECEASED,  INTESTATE,  TO  RECEIVE  THE  WAGES  DUE  TO 
SUCH  OFFICERS  OR  SOLDIERS,  WITHOUT  ADMINISTRATION  UPON 
THEIR  ESTATES. 

Be  it  enacted  by  the  Governoxir,  Council  and  House  of  Representa- 
tives, 

[Sect.  1 .]  That  it  shall  and  may  be  lawful  for  the  province  treas- 
urer, and  he  is  hereby  directed,  to  pay  to  the  widow  of  any  non-com- 
mission officer  or  soldier  who  served,  in  the  pay  of  this  province,  under 


[3d  Sess.] 


Pkovince  Laws.— 1759-60. 


285 


the  general  aud  commander-in-chief  of  his  majesty's  forces  in  North 
America,  any  time  iu  the  3ear  one  thousand  seven  hundred  and  lifty- 
niue,  and  since  deceased,  intestate,  the  wages  due  to  sucli  officer  or 
soldier ;  and  the  receipt  giAen  by  such  widow  shall  be  a  discharge  to 
the  province  treasurer ;  and  sucli  widow  shall  not  be  liable  to  any 
action  or  suit  for  an}'  sum  received  by  virtue  of  this  act. 

And  be  it  further  enacted, 

[Sect.  2.]  That  if  administration  shall  be  granted  upon  the  estate 
of  an}'  deceased  officer  or  soldier  whose  widow  shall  have  received  his 
wages  by  virtue  of  this  act,  the  judge  of  probate  granting  such  admin- 
istration shall,  and  he  is  hereby  required,  in  passing  upon  the  accounts 
of  the  administrator,  to  consider  and  have  regard  to  the  sum  so 
received,  as  an  allowance,  either  in  part  or  in  whole,  as  such  judge 
shall  think  proper,  of  the  necessary  implements  of  houshold  stuff 
allowed  by  law  to  widows  in  cases  where  provision  is  not  otherwise 
made  for  that  purpose.  [Passed  Fehniary  13  ;  published  February  14, 
17G0. 


BolJicra,  the  paj- 
due,  &c. 
1768-59,  chap. 
24. 


Judge  of  pro- 
bate empowered 
to  make  allow- 
ance to  the 
widows  of  non- 
commission 
officxTS  and 
Boldieru,  &c. 


CHAPTER    21. 


AN  ACT  RELATING  TO  FERRIES. 


"WuEREAS  there  are  several  places  within  this  province  where 
c[o«/t^/7/*]  roads  heretofore  have  been,  or  hereafter  may  be,  laid  over 
rivers  which  are  not  forda[We*],  some  of  them  the  whole  year,  others 
part  of  the  year,  and  where  bridges  cannot  be  [erected*'\  without  great 
cost  and  charge,  and  no  persons  will  undertake  to  keep  ferr[y'][/e]s  at 
sa[<'cZ*]  places,  by  which  means  travellers  and  other  persons  are  greatly 
interrupted  in  their  bus[«Hess*]  ;  for  remedy  whereof, — 

Be  it  enacted  by  the  Governo\_u']r,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  several  towns  and  districts  within  this  prov- 
ince where,  in  the  judgment  of  the  quarter  sessions,  it  is  necessary  to 
set  up  ferries  as  aforesaid,  said  towns  and  districts  shall  talce  effectual 
care  to  provide  a  suitable  person  or  persons  to  keci)  and  attend  said 
ferries,  at  such  times  in  the  year  as  it  may  be  necessary  ;  which  persons 
shall  be  licen[s]  [o]ed  by  the  justices  in  quarter  sessions  :  said  persons  to 
give  bond  for  the  faithful  discharge  of  their  place  ;  and  all  such  ferr^'men 
are  herel)}'  enjoined  to  keep  a  good  boat  or  Ijoats,  in  good  repair,  suita- 
ble to  the  waters  they  are  to  ferry  over,  also  give  due  attendance  on 
passengers,  on  penalty  of  five  shillings  for  ever}'  default  of  non- 
attendance  ;  and  for  want  of  a  good  boat,  kept  in  repair,  to  pa}'  five 
pounds  ;  and  the  fairs  of  the  respective  ferr[y'][«e]s  to  be  set[^]led  by 
said  courts,  having  regard  to  the  difficulty  of  maintaining  the  same. 

Be  it  further  enacted, 

[Sect.  2.]  That  if  any  such  ferry  may  be  necessary  across  any 
river  where  one  town  or  district  join  said  river  on  the  one  side,  and 
another  town  or  district  on  the  other  side,  in  such  case  the  said  towns 
and  districts  shall,  either  jointly  or  alternately,  |)rovide  such  person  or 
persons  to  keep  such  ferry,  as  said  court  shall  order. 

Be  it  further  enacted, 

[Sect.  3.]  That  the  several  towns  and  districts  that  shall  neglect 
or  refuse  to  provide  suitable  persons  to  kcei)  ferr[y][(>]s  as  aforesaid, 
shall  forfeit  and  pay  the  sum  of  ten  pounds  per  month  for  each  month's 
neglect.     All   fines   aud   forfeitures  arising  by  this  act  shall  be  one 


Preamble. 
123  Mass.,  469. 


Tovrns  to  pro- 
vide persons  to 
keo])  and  attend 
ferries. 


Said  ferrymen 
to  be  licensed 
and  give  bond. 


Penalty  for 
default. 


Towns  and  dis- 
tricts  further 
empowered,  re- 
lalinii;  to  ferries, 
as  the  sessions 
shall  order. 


Penalty  for 
towns  and  dis- 
tricts that  shall 
neglect. 

IIow  fines  arc  to 


*  Parchment  mutilated  by  mice. 


286 


Province  Laws. — 1759-60.         [Chap.  22.] 


be  disposed  of. 


Limitation. 


moiety  thereof  to  him  or  them  that  shall  inform  or  sue  for  the  same, 
the  other  moiety  to  be  paid  into  the  province  treasmy,  to  be  recovered 
in  an}'  court  proper  to  tr^^  the  same. 

[Sect.  4.]  This  act  to  continue  and  be  in  force  five  3'ears  from  the 
first  day  of  Ma^'  next,  and  no  longer.  \^Passed  February  13  ;  published 
February  14,  1760. 


CHAPTER    22. 

AN  ACT  FOR  INCORPORATING  CERTAIN  LANDS  LYING  WEST  OF  SHEF- 
FIELD INTO   A  SEPARATE  DISTRICT  BY  THE  NAME  OF  EGREMONT. 


Lands  west  of 
Sheffield  erected 
into  a  district. 

Bounds  thereof. 


Privileges,  &c., 
granted  said 
district. 


Preamble.  Whereas  it  is  represented  to  this  court  that  the  inhabitants  of  the 

lands  west  of  Sheffield  labour  under  great  difficulties  and  inconven- 
ienc[i]es  by  means  of  their  not  being  invested  with  the  priviledge  of  a 
district ;  therefore, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  the  whole  tract  of  land  beginning  at  Sheffield 
west  hne,  at  the  south-east  corner  of  Ebenezer  Olds'  land,  then  run- 
ning west,  nine  degrees  north,  four  miles  and  an-half  and  thirty-seven 
rods  ;  thence  running  north,  twenty-two  degrees  east,  five  miles  and 
three-quarters  ;  thence  running  east,  nine  degrees  south,  on  the  south 
line  of  Peter  Sharp's  land,  to  Sheffield  line  ;  thence  running  on  Shef- 
field line,  to  the  first  bounds  ;  be  and  hercb}'  is  erected  into  a  distinct 
and  separate  district  by  the  name  of  Egremont ;  and  that  the  said 
district  be  and  hereby  is  invested  with  all  the  priviledges,  powers  and 
immunities  that  towns  in  this  province  do  and  by  law  may  enjoy, 
that  of  sending  a  representative  to  the  general  assembly  only  except- 
ed, and  that  the  inhabitants  of  said  district  shall  have  full  power  and 
right,  from  time  to  time,  to  join  with  the  said  town  of  Sheffield  in  the 
choice  of  a  representative,  in  which  choice  they  shall  enjoy  all  the 
priviledges  which  by  law  they  would  have  been  [e][i]ntit[M]led  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  according  to  their  respective  proportions  of  the  prov- 
ince tax ;  and  that  the  said  town  of  Sheffield,  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  public [k]  j^lace  in  said  district,  a  notification  thereof  accordingI3^ 
Provided^  nevertheless^ — 
And  be  it  further  enacted^ 

Proviso.  [Sect.  2.]     That  the  said  district  shall  pay  their  proportion  of  all 

such  province  taxes  or  county  taxes  as  have  been  duly  assessed  on 
them  by  the  town  of  Sheffield,  and  their  proportion  of  the  ministerial 
taxes  hitherto  granted  to  be  raised  in  said  second  parish  of  Sheffield. 
\_And  be  it  further*']  enacted, 

Exemption.  [Sect.  3.]     That  the  inhabitants  on  said  tract  of  land  be  exempted 

from  the  payment  of  the  two  last  taxes,  made  in  the  said  second  parish 
of  Sheffield,  for  finishing  of  the  meeting-house  in  said  parish. 
And  be  it  further  enacted, 

John  Ashley,  [Sect.  4.]     That  John  Ashley,  Esqi^'^,  be  and  hereby  is  impow- 


*  Four  words  not  in  the  engrossment. 


[3d  Sess.] 


Province  Laws.— 1759-60. 


287 


[ejred  to  issue  his  warrant  to  some  principal  inhabitant  in  said  district,   Eeq.,cnipow- 
requiring  him  to  notify  and  warn  the  inliabitants  of  said  district,  qiuili-   warrant  fo"*"    * 
fied  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  affairs  of  said  district. 

Provided,  nevertheless, — 

[Sect.  5.]  That  nothing  in  this  act  shall  be  construed  to  convey' 
any  right  or  title  the  province  hath  or  ought  to  have  in  any  part  or 
parcels  of  the  lands  included  within  the  district  abovesaid,  but  that 
every  part  and  parcel  thereof  remain  as  tho'  this  act  had  not  been 
made  and  passed.    [Passed  February  13  ;  published  February  11,  17G0. 


assembling  the 
iuhabitaatd. 


Proviso. 


CHAPTEE    23. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  FRANKFORT, 
LYING  UPON  THE  EAST  SIDE  OF  THE  RIVER  KENNEBECK,  IN  THE 
COUNTY  OF  YORK,  INTO  A  TOWNSHIP  BY  THE  N.VME  OF  POWNAL- 
BOROUGII. 


New  plantation 
called  Frank- 
fort, erected  into 
a  townsbip. 


Bounds  thereof. 


WiiEUEAS  it  hath  been  represented  to  this  court  b}'  the  proprietors   Preamble 
of  the  Kennebeck  purchase  from  the  late  colony  of  New  Plymouth  that 
the  erecting  the  new  plantation  called  Fran[c]  [A-] fort,  lying  upon  the 
oast  side  of  the  river  Kennebeck,  in  the  county  of  York,  into  a  township, 
will  greatly  contribute  to  the  growth  thereof, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  plantation  aforesaid,  bounded  as  follows; 
viz^^.,  beginning  upon  Kennebeck  River,  two  miles  and  one  hundred 
rods  to  the  northward  of  the  blockhouse  within  said  plantation,  and  from 
thence  running  an  east-south-east  course,  to  ShcepsciTt  Kiver;  thence 
to  run  southerly,  down  said  Sheepscut  River,  to  the  mouth  of  Monsweag 
River;  then  northerly,  up  said  Monsweag  River,  to  the  northern  bound- 
ary line  of  the  district  of  ^Yoolwich  ;  then  to  run  a  west- north-west 
coiu'se,  along  said  northern  boundary  line  of  Woolwich,  to  the  river 
Kennebeck  ;  thence  northerly,  up  said  river  Kennebeck,  to  the  bounds 
first  mentioned, —  and  to  include  Swan  Island  and  all  other  islands,  in 
snid  river  Kennebeck,  lying  within  the  northern  and  southern  boundary 
lines  of  said  plantation, —  be  and  herein'  is  erected  into  a  township  by 
the  name  of  Pownalborough  ;  and  that  the  inluiliitants  thereof  be  and 
hereby  are  invested  with  all  the  powers,  priviledges  and  imnuinities 
which  the  inhabitants  of  the  towns  within  this  province  do  or  by  law 
ought  to  enjoy,  that  of  sending  a  representative  to  the  general  assembly 
only  excepted. 

And  be  it  further  enacted, 

[Sect.  2.]  That  Samuel  Dennj',  Esq'^'^^,  be  and  herebj' is  impow- 
ered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  in  said 
township,  to  notify  and  warn  the  inhabitants  in  said  township,  qualified 
b^'  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  affairs  of  said  township.  \_Passed  February  13  ;  published 
February  14,  17G0. 


Privilegeg,  &c., 
granted  said 
town. 


Samuel  Denny, 
Esq.,  empow- 
ered to  iHHue  bia 
warrant  for 
aHxemliling  the 
inbabitonla. 


288 


Province  Laws.— 1759-60.      [Chaps.  24,  25.] 


CHAPTER    24. 

AN  ACT  IN  FURTHER  ADDITION  TO  AN  ACT  INTIT[f7JLED  "AN  ACT 
FOR  THE  SETTLEMENT  AND  SUPPORT  OF  MINISTERS  AND  SCHOOL- 
MASTERS." 


Preamble. 
1692-93,  chap. 
26. 


Towns,  &c.,not 
to  be  assessed 
towards  the 
support  of 
illiterate  minis- 
ters, unless. 


Whereas,  in  and  by  an  act  made  and  passed  in  the  fourth  year  of  the 
reign  of  King  William  and  Queen  Mary,  intit[H]led  "  An  Act  for  the 
settlement  and  support  of  ministers  and  schoolmasters,"  it  is,  among 
other  things,  enacted  "That  the  inhabitants  of  each  town  within  this 
province  shall  take  due  care,  from  time  to  time,  to  I)e  provided  of  an 
able,  learned,  orthodox  minister  or  ministers,  of  good  conversation, 
to  dispense  the  word  of  God  to  them  ;  which  minister  or  ministers 
shall  be  suitably  encouraged  and  sufficiently  supported  and  main- 
tained b}'  the  inhabitants  of  such  town;"  and  tvhereas,  notwith- 
standing the  provision  aforesaid,  some  towns,  districts,  precincts  or 
parishes  within  this  province  have  chosen  to,  and  settled  in,  the  work 
of  the  ministr}-  ignorant  and  illiterate  persons,  by  means  whereof  the 
validity  of  the  assessments  made  for  the  support  of  such  persons  has 
been  dis])uted,  and  the  peace  and  good  order  of  such  towns,  districts, 
precincts  and  parishes  have  been  greatly  disturbed  ;  for  prevention 
whereof  for  the  future, — 

Be  it  enacted  by  the  Governo[^ii]r,  Council  and  House  of  Representa- 
tives^ 

That  it  shall  not  be  lawful  for  any  town,  district,  precinct  or  paristi 
to  assess  the  inhabitants  thereof  for  or  towards  the  support  or  mainte- 
nance of  an}'  person  who  shall  be  hereafter  called  to  or  settled  in  tlie 
work  of  the  gospel  ministry  in  such  town,  district,  precinct  or  parish, 
unless  such  person  shall  have  been  educated  at  some  university,  college, 
or  public[k]  academy  for  the  instruction  of  youth  in  the  learned  lan- 
guages, and  in  the  arts  and  sciences ;  or  shall  have  received  a  degree 
from  some  university',  college,  or  such  public[k]  academ}' ;  or  shall  have 
obtained  testimonials  under  the  hands  of  the  major  part  of  tlie  settled 
ministers  of  the  gospel  in  the  county  where  such  town,  district,  precinct 
or  parish  shall  lie,  that  the}'  apprehend  him,  the  said  person  being  a 
candidate  for  the  gospel  ministry,  to  be  of  sufficient  learning  to 
qualif[ie]  [y]  him  for  the  work  of  such  ministry ;  and  all  assessments 
contrary  to  this  act  shall  be  void,  and  have  no  effect.  \_Passed  Feb' 
ruary  13  ;  published  February  14,  1760. 


CHAPTER    25. 

AN  ACT  FOR  RAISING  A  SUM  OF  MONEY  BY  LOTTERY,  FOR  DRAW- 
ING IN  SUCH  OF  THE  NOTES  OR  BILLS  OF  THE  LATE  LAND-BANK 
OR  MANUFACTORY  COMPANY,  AS  ARE  YET  OUTSTANDING. 


Preamble. 
1758-59,  chap. 
20. 


Whereas  it  has  been  represented  to  this  court  that  near  one  thou- 
sand pounds  of  the  notes  or  bills  issued  by  the  late  Land-Bank  or 
Manufactory  Company  are  still  outstanding,  and  remaining  to  be 
redeemed  ;  and  that,  by  reason  of  the  death  of  many  of  that  company, 
the  insolvency  of  others,  and  the  removal  of  divers  of  them  out  of 
the  province  (having  first  alienated  their  estates  which  lay  within  the 
same) ,  the  raising  a  sum  of  mone}',  by  assessment  on  the  rest  of  the 


[3d  Sess.] 


Province  Laws. — 1759-GO. 


289 


partners,  sufficient  to  exchange  tliose  bills,  now  much  enhanced  in 
value  b^'  the  interest  grown  thereon,  will  greatly  l)iirthen  and  distress 
them ;  and  that,  since  the  loss  of  the  ))oolvs,  accounts,  and  other 
papers  containing  the  affairs  and  transactions  of  that  company, — which, 
together  with  the  court-house  in  Boston,  were  providentially  consumed 
by  lire,  — it  will  be  difficult,  if  not  impracticable,  to  ai)portion  ami  lay 
such  burthen  equitably  among  such  of  the  surviving  partm-rs  as  remain 
within  this  province  :  to  the  end,  therefore,  that  such  of  those  notes  or 
bills  as  are  still  outstanding,  with  the  interest  daily  growing  thereon, 
may  be  speedily  drawn  in  and  consumed,  and  a  final  period  put  to  the 
perplexed  allairs  of  that  compau}-,  and  for  preventing  frciiuent  applica- 
tions to  this  court  in  relation  thereto,  whereby  the  [)ublii-k  ntlairs  of 
the  province  have  heretofore  been  greatly  interrupted, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives, 

[Skct.  1.]  That  ^Messieurs  Joshua  Ilenshaw,  Joseph  Jackson, 
Thomas  Cushing,  Samuel  Ilewes,  John  ScoUay,  Benjamin  Austin,  and 
Andrew  Oliver,  jun.,  or  any  three  of  them,  be  anil  hereby  are  impow- 
ered  to  set  up  and  carry  on  one  or  more  lottery  or  lotteries,  amounting 
in  the  whole  to  such  a  sum  as,  by  drawing  or  deducting  twelve  anil  an- 
half  per  cent  out  of  the  same,  may  raise  three  thousand  five  hundred 
pounds,  antl  no  more  ;  and  that  the  said  sum  of  three  thousand  five 
hundred  j)Ounds,  raised  b}-  the  deduction  aforesaid,  be,  by  the  persons 
above  named.  i)aid  to  Samuel  Danforth,  Nathanael  Hatch,  and  Thomas 
Goldthwait,  Ksqrs.,  commissioners  a|)poiuted  bv  this  court  to  settle 
the  atl'airs  of  the  said  I^and-Bank  or  Manufactory  Scheme,  within  ten 
days  after  the  sale  of  the  tickets  of  said  lottery  shall  be  compleated, 
taking  tlieir  receipt  for  the  same;  or,  if  the  persons  aforesaid  shall 
think  fit  to  raise  said  sum  of  three  thousand  live  hundred  jiounds  by 
more  lotteries  than  one,  then  the  monc}'  raised  liy  eaeh  lottery,  by  the 
deduction  aforesaid,  shall,  within  ten  days  after  the  tickets  of  eaeh 
lottery,  respectively,  are  sold,  be  paid  by  them  to  the  commissioners  or 
to  the  major  i)ai't  of  them. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  persons  aforesaid  first  mentioned,  or  any 
three  of  them,  be  and  the}-  hcreb}-  are  declared  to  be  the  managers  or 
directors  of  each  and  every  of  the  said  lottery  or  lotteries,  and  are 
herein'  in>^)Owered  to  make  all  necessary  rules,  and  use  all  necessary 
methods,  to  manage  and  direct  the  same. 

And  be  it  further  enacted, 

[Skct.  3.]  That  the  said  managers  or  directors,  with  all  con- 
venient speed,  after  the  sale  of  the  tickets  of  each  lotter}',  shall  make 
preparation  for  drawing  the  same,  and  shall  give  notice  in  the  publick 
prints,  of  the  time  and  place  of  drawing,  at  least  ten  days  before  the 
drawing  begins,  that  any  of  the  adventurers,  if  they  think  fit,  ma}'  be 
present  at  the  drawing. 

[Skct.  4.]  And  as  soon  as  may  be  after  drawing  of  each  lottery, 
the  said  managers  shall  cause  a  list  of  the  benefit-tickets,  expressing 
the  numl)er  and  value  of  each  of  them,  to  be  printed  in  one  of  the  pub- 
lick  newspapers,  at  the  same  time  notifying  the  owners  of  such  l)enefit- 
tickets  of  the  time  and  place  when  and  where  they  may  ai)i)ly  for 
the  payment  of  such  tickets ;  and  if  any  dispute  shall  arise  al^out  the 
l)roperty  of  any  of  the  said  l)enefit-tickets,  the  major  part  of  the  man- 
agers shall  determine  to  whom  it  doth  or  ought  to  belong. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  said  benefit-tickets  shall  be  paid  olf  by  the 
managers  aforesaid  within  twenty  days  after  the  drawing  of  each 
lottery  is  finished,  upon  application  of  the  owner  or  owners  of  such 


Selectmen  of 
Boston  allowed 
and  empowered 
to  i<ct  up  and 
carry  on  one  or 
more  lotteries 
for  redeeming 
land-bank  notes. 


Any  three  of 
them  may  bo 
managers  or 
directors. 


Said  nianag^ers 
to  dinpoHeof  the 
tickets,  make 
preparation  for 
the  drawing, 
and  to  give 
public  notice. 


Manai^ers  di- 
rected In  their 
proceedings. 


Benefit-tlck«t* 
to  be  paid  off  by 
the  managers 
within  twenty 


290 


Province  Laws. — 1759-60.  [Chap.  25.] 


days  after  draw- 
ing. 


Owners  of  oene- 
fit-tickets  not 
applying  for 
their  money  in 
one  year,  in 
case,  shall  not 
be  entitled  to 
the  same. 


Managers,  &c., 
to  be  on  oath. 


Managers  to 
keep  account  of 
the  time  of  their 
attendance,  &c. 


Managers  to 
receive  accounts 
of  charge,  &c. 


Lotteries  to  be 
finished  in 
eighteen 
months. 


How  the  mon- 
eys are  to  be 
applied. 


tickets,  and  delivering  them  up  to  be  cancelled  ;  and  to  secure  the 
payment  of  such  benefit-tickets  to  the  owner  or  owners  of  them,  the 
said  managers,  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  satisf3'  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  he  it  further  enacted, 

[Sect.  6.]  That,  if  the  owner  or  owners  of  any  benefit-tickets  shall, 
for  the  space  of  one  year  after  the  drawing  aforesaid,  neglect  to  apply 
for  the  pa3-ment  of  such  ticket  or  tickets,  unless  he,  she  or  they  shall 
have  been  at  sea  or  out  of  the  province  for  that  term  of  time,  (and  to 
such  persons  eighteen  months  shall  be  allowed  to  produce  their  tickets) , 
he,  she  or  they  shall  not  be  intitled  to  receive  the  same,  but  such 
ticket  and  tickets  are  hereby  declared  to  be  cancelled,  and  of  no  value  ; 
and  the  mone}'  in  the  hands  of  said  managers,  which  was  to  have  been 
applied  to  the  payment  of  such  tickets,  shall,  after  the  expiration  of 
the  term  aforesaid,  be  paid  to  the  province  treasurer  for  the  use  of  this 
province. 

And  he  it  further  enacted, 

[Sect.  7.]  That  each  manager  aforesaid,  before  his  acting  in  the 
capacity  of  manager,  shall  talce  an  oath  for  the  faithful  execution  of 
the  trust  reposed  in  him  by  virtue  of  this  act.  And  every  person 
emplo3'ed  about  each  lottery  shall  take  an  oath  for  the  faithful  perform- 
ance of  his  trust ;  which  last  oath  ma}-  be  administred  b}'  an^'  one  of 
the  managers,  who  are  hcrebj'  impowered  to  administer  the  same. 

And  he  it  further  enacted, 

[Sect.  8.]  That  the  managers  aforesaid  shall  keep  a  particular 
account  of  the  days  of  their  attendance  upon  the  service  aforesaid, 
and  for  each  whole  day's  attendance  shall  be  allowed  the  sum  of  six 
shillings,  the  same  to  be  paid  b}'  the  commissioners  aforesaid,  or  the 
major  part  of  them,  out  of  the  monies  raised  bj'  virtue  of  this  act : 
provided,  that  no  more  than  three  of  the  managers  aforesaid  shall  be 
intitled  to  such  allowance  for  one  and  the  same  da}'. 

And  he  it  further  enacted, 

[Sect.  9.]  That  tlie  managers  aforesaid,  after  each  lottery  _shall  be 
finished,  shall  receive  the  accounts  of  all  charges  arisen  thereon,  and, 
haviug  found  them  just,  shall  certify'  the  same  upon  said  accounts,  to  the 
said  commissioners,  or  the  major  part  of  them,  who  are  hereby  direct- 
ed to  pay  the  same  out  of  the  monies  aforesaid. 

And  he  it  farther  enacted, 

[Sect.  10.]  That  the  lotter}^  or  lotteries  aforesaid  shall  be  wholly 
compleated  and  finished  within  eighteen  months  from  the  first  day  of 
March,  one  thousand  seven  hundred  and  sixty. 

And  he  it  farther  enacted, 

[Sect.  11.]  That  the  commissioners  aforesaid,  or  the  major  part 
of  them,  shall,  and  the_y  liereb}'  are  directed  to,  apply  the  money,  from 
time  to  time,  as  the_y  may  receive  it  from  the  managers  of  the  lotteries 
aforesaid  (saving  so  much  as  shall  be  sufficient  to  defrey  the  necessary 
charges  of  said  lotteries ;  and  any  dues  or  charges  incurred,  or  that 
may  arise  in  transacting  the  aff'airs  of  that  company',  which  shall  be 
judged  to  require  speedy  pa3-ment) ,  to  redeem  the  notes  or  bills  of  the 
said  manufactor}'  company,  and  pa}'  the  interest  that  may  be  due  upon 
them,  the}',  the  said  commissioners,  or  the  major  part  of  them,  giving 
notice  of  the  time  and  place,  whicli  shall  be  within  the  town  of  Bos- 
ton, when  and  where  they  will  attend  to  redeem  the  said  bills  ;  which 
notice  shall  be  given  in  the  several  weekly  newspapers  printed  in  Bos- 


[3d  Sess.]  Province  Laws.— 1759-60.  291 

ton ;  and  those  persons  possessed  of  an}'  of  said  manufactory  bills, 
who  shall  first  apply  for  the  redeeming  of  them,  shall  be  intitled  to 
have  them  first  redeemed. 

And  be  it  further  enacted, 

[Sect.   12.]     That   when    the    commissioners   aforesaid    shall   have   Commissioners 
received  a  sufficiency  of  money  to  redeem  the  whole  of  said  bills,  the}'   uiJ'ihnroV'Ve" 
shall  give  notice  thereof,  as  aforesaid,  to  the  possessors  of  said  bills;   deeming  bills, 
and  said  notice,  being  given  six  weeks,  successivel}',  in  all  the  weekl}' 
newspapers  aforesaid,  is  hereby  made   and  declared  a  legal  tender  to 
all  and  eveiy  such  possessor  and  possessors. 

And  be  it  further  enacted, 

[Sect.  13.]     That  the  commissioners  aforesaid,  together  with  the  Commissioner* 
former  commissioners,  shall,  within  three  months  after  the  compleating  accounu'^^brfore 
of  the  lotteries  aforesaid,  lay  before  this  court,  for  their  allowance  and   the  general 
approbation,  an  account  of  their  proceedings  in  the  affairs  of  said  com-   umite'd  time, 
pany,  and  of  their  disposition  of  the  money  received  by  them  by  vir- 
tue of  this  act. 

And  be  it  further  enacted, 

[Sect.  14.]     That  if  the  sum  raised  by  virtue  of  this  act  shall  be   Surplusage  to 
more  than  sufficient  to  defre}'  the  charges  of  the  lotteries  aforesaid,   province"'  ^ 
redeem  the  manufactoiy  bills,  and  pay  the    commissioners    aforesaid   treasurer, 
for  their  services  and  expences  in  settling  the  affairs  of  said  compan}', 
the  surplusage  shall  be  paid  into  the  province  treasur}-,  for  the  use  of 
the  province. 

[Sect,   lo.]     And  the  commissioners  aforesaid  are  hei'eby  directed  Commissionerf 
to  forbear  issuing  any  assessment  against  said  partners,  during  the  term 
herein  before  limited  for  finishing  said  lottery  or  lotteries,  unless  by 
order  of  this  court.     [^Passed  February  13  ;  published  February  14, 
1760. 


CHAPTER    26* 

AN  ACT  FOR  ESTABLISHING  AND  REGULATING  THE  FEES  OF  THE 
SEVERAL  OFFICERS,  WITHIN  THIS  PROVINCE,  HEREAFTER  MEN- 
TIONED. 

Be  it  enacted  ^y  the  Governor,  Council  and  Souse  of  Representa- 
tives in  General  Court  assembled, 

[Sect.   1.]     That  from  and   after  the  publication   of  this   act,  the  Fees 
establishment  of  the  fees  belonging   to  the   several   oflScers   hereafter  t!?!;^Il*^^' ,„ 

1     •        1  •  •  1  rPii  •    r.T  175o-5( ,  cL.  30. 

mentioned,  m  this  province,  be  as  followeth ;  viz'-'-'., — 

JUSTICE'S  FEES. 

For  granting  a  writ  together  with  a  summons,  or  original  summons,   JuaUce's  fee*. 

one  shilling. 
Subpaena,  for  each  witness,  a  pen[?i]3'  halfpenn}'. 

Entring  an  action  or  filing  a  complaint  in  civil  causes,  two  shil[/<'?i(7.s]f^^ 
"Writ  of  execution,  one  shilling  and  fourpence. 
Filing  papers,  each,  a  penny  halfi>enny. 
Taxing  a  bill  of  cost,  threei)ence. 

Entring  up  judgment  in  civil  or  criminal  ca[u]ses,  ninepence. 
Copy  of   every  evidence,  origir.al  papers  or  records,  eightpence  per 

page  for  each  page  of  twenty-eight  lines,  eight  words  in  a  line : 

if  less  than  a  page,  fourpence. 

•  This  chapter  has  been  compared  with  the  MS.  record  in  the  Secretary's  office; 
and  the  words  and  letters  in  Roman  characters,  in  brackets,  are  in  the  record,  but 
not  in  the  printed  act. 


292  Province  Laws.— 1759-60.  [Chap.  2G.] 

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  one  shilling  and  sixpence  for  his  travel 

every  ten  miles,  and  so  in  proportion ;  his  travel  to  be  certified 

on  the  affidavit [s]  ; — 
in  other  cases,  together  with  certificates,  examining   and   entring, 

sixpence ; — 
in  perpetuam,  to  each  justice,  one  shilling. 
Acknowledging  an  instrument  with  one  or  more  seals,  provided  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  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  hereafter  allowed  to  sheriffs. 
Bail  bond,  one  shilling. 

Every  trial  where  the  sheriff  is  concerned,  eightpence. 
For  tending  the  jury,  one  shilling. 
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  coimty  treasur}',  five  shillings. 
For  travelling  and  expences  for  taking  an  inquisition,  each  day,  four 

shillings. 
The  foreman  of  the  jurj^  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. 
The  constable,  for  his  expences,  summoning  the  jury  and  attendance, 

four  shillings  per  day. 

JUDGE  OF  PROBATE'S  AND  REGISTER'S  FEES. 

Judge  of  pro-       For  granting  administration  or  guardianship, — 
teiCw'"^''"       to  the  judge,  three  shillings. 

To  the  register,  for  writing  letter  and  bond  of  administration  and 
guardianship,  two  shillings  and  sixpence. 

For  granting  a  guardianship  of  divers  minors  to  the  same  person 
and  at  the  same  time :  to  the  judge,  for  each  minor,  one  shil- 
hng  and  sixpence  ;  to  the  register,  for  each  letter  of  guardian- 
ship and  bond,  as  before. 

Proving  a  will  or  codicil ;  to  the  judge,  three  shillings  and  sixpence  ; 
to  the  register,  two  shillings  and  sixpence. 

Recording  a  will,  letter  of  administration  or  guardianship,  inventory 
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, 
eightpence. 

For  copy  of  a  will  and  inventory,  for  each  page,  eightpence. 

Allowing  accounts,  three  shillings  to  the  judge. 

Decree  for  settling  intestate  estates  :  to  the  judge,  three  shilhugs  ;  for 
examining  such  accounts,  one  shilling. 

A  citation,  ninepence. 

A  quietus:  to  the  judge,  one  shilling  ;  to  the  register,  one  shilling. 


[3d  Sess.] 


Province  Laws. — 1759-60. 


293 


"Warrant  or  commission  for  appri[2;][s]infT  or  dividing  estates:   one 
shilling  and  sixpence  to  the  judge  ;  to  the  register,  one  shilling. 
Making  out  commission  to  receive  and  examine  tlic  claims  of  cred- 
itors to  insolvent  estates  ;  to  the  judge,  one  shilling,  to  the  regis- 
ter, one  shilling :  for  recording,  eightpence  each  page. 
Registering  the  commissioner's  report,  each  page,  eightpence. 
Making  out  and  ent[c]ring  an  order  upon  the  administrators  for  the 
distribution  of  the  estate  ;   to  the  judge,  one  shilling  and  six- 
pence, to  the  register,  one  shilling. 
For  proportioning  such  estate  among  the  creditors,  agreeable  to  the 
commissioner's  return,  when  the  estate  exceeds  not  fifty  pounds, 
three  shillings  ;  and,  above  that  sum,  four  shiUings. 
For  recording  the  same,  eightpence  per  page. 
And  be  it  further  enacted, 

[Sect.  2.]  That  whensoever  any  fees  shall  be  paid  in  the  probate 
office  for  the  probate  of  a  will  and  letters  testamentary,  or  for  grant- 
ing letters  of  administration  or  letters  of  guardianship,  or  for  an}*- 
matter  or  thing  from  time  to  time  arising  in  consequence  of  such  letters 
testamentar}-  or  letters  of  administration  or  letters  of  guardianship, 
and  until  the  estate  upon  which  they  are  respectively  granted  shall  be 
fully  settled,  a  particular  account  of  such  fees,  before  pa\-ment,  shall,  l)y 
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[s] 
receiving  the  same  shall  forfeit  and  suffer  accordingly. 


IN  THE  SUPERI0[?7]R  COURT. 

JUSTICE'S  FEES. 

Entring  an  action,  six  shillings  and  eightpence. 

Taking  special  bail,  one  shilling  and  sixpence. 

Allowing  a  writ  of  error,  two  shillings. 

Allowing  a  habeas  corpus,  one  shilling  and  fourpence. 

Taxing  a  bill  of  cost,  eightpence. 

Attorney's  fee,  to  be  allowed  in  the  bill  of  cost  taxed,  where  the  case 
is  tried  by  a  jury,  twelve  shillings ;  where  it  is  otherwise,  six 
shillings. 

Granting  libert}-  for  the  sale  or  partition  of  real  estates,  one  shillmg. 

On  receiving  each  petition,  one  shilling. 

Allowance  to  the  party  for  whom  costs  shall  be  taxed,  and  to  witness 
in  civil  anfl  criminal  causes,  one  shilling  and  sixpence  jier  day, 
ten  miles'  travel  to  be  accounted  a  day  ;  and  the  same  allowance 
to  be  made  to  parties,  as  to  witnesses  at  the  inferio[Mjr  courts, 
courts  of  sessions  and  before  a  justice  of  the  peace. 

Granting  a  writ  of  protection,  one  shilling. 

CLERK'S  FEES. 

A  writ  of  rev[ei][(V]w,  three  shillings. 

A  writ  of  scire  facias,  two  shillings. 

A  writ  of  execution,  one  shilling  and  sixpence. 

A  writ  of  facias  habere  possessionem,  two  shil[Zi/}j7.9]'^*'^  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  i)age,  sixpence. 
Entring  each  action  for  trial,  four  shillings. 
Entring  each  complaint,  two  shillings. 
Each  petition  ent[e]red  and  read,  one  shilling. 
Order  on  each  petition  granted,  one  shilling. 


Justices  of  the 
superior  courts, 
fees. 


Clerk's  fecB. 


294 


Peovince  Laws.— 1759-60.         [Chap.  26.] 


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  pen[?i]y  halfpen[n]3^ 

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  county  treasuries,  respectively,  on 

the  justice's  certificate,  threepence. 
Every  writ  and  seal  other  than  before  mentioned,  two  shillings. 
Every  subpaena,  a  pen[n]3'  half  pen  [7i]y. 
Each  recognizance,  one  shilling. 
A  writ  of  protection,  one  shilling. 


Justices  of  the 
inferior  courts, 
fees. 


IN  THE  INFERI0[?7]R  COURT   OF  COMMON  PLEAS. 

JUSTICE'S  FEES. 

Entring  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. 

Court  of  general  For  cach  day's  attendance  at  the  sessions,  to  be  paid  out  of  the  fines, 
peace."^**^*^^  two  shillings  and  eightpence. 

For  granting  every  licen[s][c]e  to  retailers  and  innholders,  and  taking 
their  recognizance,  six  shillings  in  the  whole  ;  one-third  thereof 
to  the  clerk. 
Each  recognizance  in  criminal  causes,  one  shilling. 


CLERK'S  FEES. 

Clerk's fecB.        Every  action  ent[e]red,  one  shilling  and  fourpence. 

Every  writ  and  seal,  sixpence.  • 

Every  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. 
Everj'  execution,  one  shilling  and  fourpence. 
Confessing  judgment  or  default,  eightpence. 

Acknowledging  satisfaction  of  a  judgment,  on  record,  eightpence. 
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  the  court,  threepence. 
Writ  of  facias  habere  possessionem,  two  shillings. 
Filing  each  paper,  one  pen[w]3\ 
A  writ  of  protection,  one  shilling. 


[3d  Sess.] 


PROVINCE  Laws.— 1759-60. 


295 


FEES  FOR  REGISTERS. 

For  each  register,  exclusive  of  collector's  fee,  five  shillings.  RegisUr'a  fees, 

FEES  IN  TUE  SECRETARY'S   OFFICE. 

For  certificates  under  the  province  seal,  five  shillings  in  the  whole  ;  two  Fees  for  the 

shillings  thereof  to  llie  secretary.  offlcr'^' 

For  warrants  of  apprizeniont,  survey',  &c. ,  six  shillings  in  the  whole; 

tlirec  shillings  tlunvof  to  tlie  secretar}-. 
For  a  certificate  of  naval  stores,  three  shillings  in  the  whole. 
For  engrossing  the  acts  or  laws  of  the  general  assembly,  six  shillings 

each,  to  be  paid  out  of  the  public[k]  revenue. 
Ever^'  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  warrants  or  mittimus  by  order  of  the  governo[M]r  and  council, 

each,  two  shillings  and  sixpence. 
Every  commission  under  the  groat  seal,  for  places  of  profit,  six  shillings 

and  eightpcnco,  to  be  [)aid  by  the  person  commissionated. 
Every  bond,  three  shillings. 
Every  order  of  council  to  the  benefit  of  particular  persons,  l_two  sJiil- 

lings.'] 
Every  writ  for  electing  [o/]  assemblymen,  directed  to  the  sher[r]i(T  or 

marshal,  under  the  province  seal,  five  shillings,  to  be  paid  out 

of  the  i)ublii-[/i-]  revenue. 
For  trauscril)ing  the  acts  or  laws  passed  by  the  general  assembly  into 

a  book,  eightpence  per  page, —  each  page  to  contain  twent3'-eight 

lines,  eight  words  in  a  line,  and  so  proportionablj', — to  be  paid 

out  of  the  public  [A:]  revenue. 
Every  commission  for  military  oflicers,  to  be  paid  out  of  the  public[A;] 

treasury',  two  shillings. 


Clerk-of-the 
sessions'  fees. 


CLERK-0F-THE~SE8SI0NS'  FEES. 

Ent[e]ring  a  complaint  or  indictment,  one  shilling  and  fourpence. 

Discharging  a  recognizance,  eightpence. 

Each  warrant  for  criminals,  one  shilling. 

Ever^-  [warrant]  [^samm.ons']  or  subpaena,  twopence. 

P^very  recognizance  for  the  peace  or  good  behaviour,  one  shilling. 

\_For  everj/  other  recognizance,  one  shilling.^ 

Ent[e]ring  up  judgment,  or  entring  satisfaction  of  judgment,  on  record, 

one  shilling. 
"Warrant  for  count}'  tax,  one  shilling. 
For  minuting  the  recei[p]ts  of  each  petition,  and  order  thereon,  and 

recording,  eightpence  per  page,  as  before. 
Examining  and  casting  the  grand  jury's  accounts,  3'early,  and  order 

thereon,  to  be  paid  by  the  count}'  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  pen  [71]}'. 
For  transmitting  to  the  selectmen  of  every  town  in  the  county  a  list 

of  the  names  of  the  persons  in  such  town  licen[s][c]ed  the  year 

before,   threepence,  to  be  paid  b}'  each  person    licen[s][cjed, 

and  no  more. 

SHERIFF'S  OR   CONSTABLE'S  FEES. 

For  the  service  of  an  original  summons,  or  .tcire  facias,  on  one  defend-   ShcriflTg  or  con. 
ant,  for  trial,  either  by  reading  the  same,  or  by  copy,  one  shilhng  :   *'"*''*^'*  ^^^*- 

•  These  items  are  repeated,  ia  the  record. 


296  Province  Laws.— 1759-60.         [Chap.  26.] 

if  served  on  more  than  one  defendant,  then  for  each  [other] 
defendant  so  served,  one  shilling. 

For  service  of  a  capias^  or  attachment,  on  one  defendant,  without  a 
summons,  one  shilling  and  fourpence :  if  served  in  like  manner 
on  more  than  one  defendant,  then  for  each  other  so  served,  one 
shilling  and  fourpence. 

For  service  of  an  attachment  and  summons  on  one  defendant,  both 
together,  one  shilling  and  fourpence  :  if  so  served  on  more  than 
one  defendant,  then  for  each  other  defendant,  so  served,  one 
shilling  and  fourpence. 

For  a  bail  bond,  to  be  paid  by  the  person  or  persons  admitted  to  bail, 
one  shilling. 

For  serving  an  habere  facias  possessionem,  exclusive  of  the  poundage 
on  the  costs  of  court,  six  shillings. 

For  the  costs  on  an  habere  facias,  the  same  poundage  as  in  personal 
actions. 

For  levying  executions  in  personal  actions  ;  viz'^'^.,  for  the  first  twenty 
pounds,  or  under,  ninepence  per  pound  ;  above  that,  not  exceed- 
ing forty  pounds,  fourpence  per  pound  ;  above  that,  not  exceeding 
one  hundred  pounds,  twopence  per  pound ;  for  all  above  one 
hundred  pounds,  one  pen[7ijy  per  pound. 

For  travel,  for  the  service  of  each  execution  or  mean  process  to  him 
directed,  twopence  per  mile  ;  the  travel  to  be  computed  from 
the  place  of  service  to  the  court  where  the  writ  or  execu- 
tion shall  be  returned,  by  the  wa}-  that  is  most  commonly 
used ;  but  one  travel  to  be  allowed  to  one  writ  or  execution : 
and  if  the  same  be  served  on  more  persons  than  one,  the 
travel  to  be  computed  from  that  place  of  service  that  is  the 
remotest  to  the  place  of  return;  the  travelling  fees  and  fees 
of  service  to  be  endorsed  by  the  sheriff,  or  his  deput}',  on  each 
mean  process  or  execution ;  and  shall  receive  iijo  more  than  he 
endorses. 

For  serving  an  execution,  upon  a  judgment  of  court,  for  partition  of 
real  estates,  to  the  sherifl^",  five  shillings  per  day ;  and  for  travel 
and  expences,  threepence  per  mile  out  from  the  place  of  his 
abo[a]cl[e]  :  and  to  each  juror,  two  shillings  per  day ;  and  for 
travel  and  expences,  threepence  per  mile. 

Every  trial,  eightpence. 

Every  default,  fourpence. 

For  making  out  every  precept  for  the  choice  of  representatives,  sending 
the  same  to  the  several  towns,  and  returning  it  to  the  secretary's 
office,  one  shilling  and  fourpence ;  to  be  paid  out  of  the  county 
treasur[y'][ie]s,  respectively. 

To  the  officer  attending  the  grand  jury,  each  daj',  two  shillings. 

To  the  officer  attending  the  petit  jui-y,  one  shilling  ever}^  cause. 

For  dispersing  venires  from  the  clerk  of  the  superio[M]r  court,  and  the 
province  treasurer's  warrants,  fourpence  each. 

For  dispersing  proclamations,  sixpence  each. 

For  the  encouragement  [w?i]to  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  count}'  shall  think  fit  and 
order ;  not  exceeding  ten  pounds  per  annum  for  the  county  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. 


[3d  Sess.] 


Province  Laws. — 1759-60. 


297 


CliYEIi'S  FEES. 

Calling  a  juiy,  fourpcnce. 

A  default  or  nonsuit,  eightpence. 

A  verdict,  eightpence. 


Crier's  fecB. 


TO   THE  CAPTAIN  OF  CASTLE  W/LLTAJf. 

For  a  pass  to  the  castle  for  each  vessel,  two  shillings  in  the  whole  :   Capfain-of-the- 
wood-sloops  and  other  coasting  vessels,  for  which  passes  have  CastiuBfees. 
Dot  [teen]  usuall}-  [been]  required,  excepted. 

COALER'S  FEES. 

For  turning  the  key  on  each  prisoner  committed,  three  shillings;  viz..   Gaoler's  fees. 

cue  shilling  and  sixpence  in,  and  one  shilling  and  sixpence  out. 
For  dieting  each  person,  for  a  week,  three  shillings. 

MESSENGER  OF  THE  HOUSE  OF  REPRESENTATIVES. 

For  serving  every  warrant  from  the  house  of  representatives,  which  they  Messenger  of  the 
may  grant  for  arresting,  imprisoning,  or  taking  into  custody  any  B°n^®,°pa^?Jp; 
person,  one  shilling  and  sixpence. 

For  travel,  each  mile  out,  twopence  per  mile. 

For  keeping  antl  providing  food  for  such  person,  each  day,  one  shilling 
and  sixpence. 

For  his  discharge  or  dismission,  one  shilling  and  sixpence. 


aentatlves,  fees. 


Grand-jurors* 
fees. 


GRAND  JURORS'  FEES. 

Foreman,  per  day,  two  shillings  and  sixpence. 
Each  other  juror,  two  shillings. 

PETIT  JURORS'  FEES. 

To  the  foreman,  in  ever^'  cause  at  the  superio[?<]r  and  inferio[w]r  Petit-jurors* 

courts,  or  sessions,  two  shillings  and  sixpence.  ^^^*' 

To  ever}-  other  juror,  one  shilling  and  sixpence. 

FOR  MARRIAGES. 

For  each  marriage,  to  the  minister  or  justice  officiating,  four  shillings.     Fee  for 
For  recording  it :  to  the  town  clerk,  to  be  paid  by  the  minister  or  jus-   carriages. 

tice,  fourpcnce  ;    and  to  the  clerk  of  the  sessions,  to  be  paid 

b}'  the  town  clerk,  twopence. 
To  the  town  clerk,  for  every  publishment  of  the  banns  of  matrimonj-, 

and  entring  thereof,  one  shilling. 
Every  certificate  of  such  publisliment,  sixpence. 
Recording  1)irths  and  deaths,  each,  twopence. 
For  the  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.  County  regis- 
for  the  first  page,  ninopenco  ;  and  eightpence  per  page  for  so  *•"■'*  ^'^*^*- 
many  pages  more  as  it  shall  contain,  accounting  alter  the  rate 
of  twenty-eight  linos,  of  eight  words  in  a  line,  to  each  page  ;  and 
proportionately  for  so  niiich  more  as  shall  be  under  a  page  ;  and 
threepence  for  his  attestation  on  tiie  original,  of  tlie  time,  book 
and  folio  where  it  is  rocordetl :  the  fees  to  be  paid  at  the  offer- 
[r]ing  the  instrument; — 

and  for  a  discharge  of  a  mortgage,  eightpence. 

Aiid  he  it  furtlior  pvarted, 

[Sect.  3.]     That  if  an}-  person  or  persons  shall  demand  or  take  any   Penalty  for  uk- 
greater  fee  or  fees,  for  any  of  the  services  aforesaid,  than  is  by  this  law  |,n|^f=tce6eive 


298  Pkovince  Laws.— 1759-60.         [Chap.  27.] 

provided,  he  or  they  shall  forf[i]eit  and  pay  to  the  person  or  persons 
injured,  the  sum  of  ten  pounds  for  ever}'  offence,  to  be  recovered  in 
any  court  proper  to  hear  and  determine  the  same. 
Limitation.  [Sect.  4.]     TMs   act  to  continue  and    be   in   force   for   the   space 

of  five  j-ears  from  the  publication  thereof,  and  from  thence  to  the  end  of 
the  next  session  of  the  general  court,  and  no  longer.  [^Passed  Febru- 
ary 13  ;  published  February  14,  1760.* 


CHAPTER    27. 

AN   ACT   FOR   GRANTING  UNTO    HIS    MAJESTY    SEVERAL   RATES    AND 
DUTIES  OF  IMPOST  AND  TUNNAGE   OF  SHIFPING.f 

We,  his  majesty's  most  dutiful  and  lojal  subjects,  the  representatives 
of  the  province  of  the  Massachusetts  Ba^-,  in  New  England,  being 
desirous  of  lessening  the  publick  debts,  have  chearfully  and  unani- 
mousl}'  given  and  granted,  and  do  give  and  grant,  to  his  most  excellent 
majesty,  for  the  service  of  this  province,  as  the}'  shall  hereafter  apply 
it,  the  several  duties  of  impost  upon  all  liquors,  wares,  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  Governour,  Council  and  House 
of  Representatives, 

[Sect.  1.]  That  from  and  after  the  twentj-fifth  day  of  March,  one 
thousand  seven  hundred  and  sixt}^  to  the  twent^'-sixth  day  of  March, 
one  thousand  seven  hundred  and  sixty-one,  there  shall  be  paid  b}^  the 
importers  of  all  wines,  rum  and  other  liquors,  goods,  wares  and  mer- 
chandize that  shall  be  imported  into  this  province  by  any  of  the  in- 
habitants thereof  (except  what  is  by  this  act  hereafter  exempted) ,  the 
several  duties  of  impost  following  ;  viz'. , — 

For  every  pipe  of  wine  of  every  sort,  ten  shillings. 

For  ever}'  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 
majesty's  plantations  in  America,  one  shilling. 
— And  so,  proportionably,  for  a  greater  or  less  quantity. 

And  for  all  other  commodities,  goods  or  merchandize  not  mentioned 
or  not  excepted,  fourpence  for  every  twenty  shillings  value,  excepting 
snch  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  shil- 
ling) that  shall  be  imported  into  this  province  by  any  of  the  inhabit- 
ants of  the  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 :  jjrovided  always,  that  everything 
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,  brazilleto,  black-walnut,  lignum-vitee,  red-cedar, 

*  According  to  the  contemporary  edition;  but  March  29,  according  to  the  edition 
of  1763. 

t  From  the  original  bill  in  the  state  archives,  vol.  66,  pp.  25-44. 


[3d  Sess.]  PROvrNCE  Laws.— 1759-60.  299 

logwood,  hemp,  raw  skins  and  hides,  and  also  all  prize  goods  brought 
into  and  condemned  in  this  province,  are  and  shall  be  exempted  from 
ever}'  the  rates  and  duties  aforesaid. 

And  be  it  further  enacted, 

[Sect.  3.]  That  all  goods,  wares  and  merchandize,  the  property  of 
an}'  of  the  inhabitants  of  any  of  the  neighbouring  provinces  or  colonies 
on  this  continent,  that  shall  be  imported  into  tins  province,  and  shall 
have  paid,  or  on  which  there  sliall  have  been  secured  to  be  paid,  the 
duty  of  imi)Ost,  by  tliis  act  [)rovided  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  oflicer  of  his  majesty's  customs,  that  the  same  hath  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  commissioner 
aforesaid,  of  the  contents  or  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  merchan- 
dize laden  on  board  such  ship  or  vessel,  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  farther  enacted, 

[Sect.  5.]  That  if  the  master  of  any  ship  or  vessel  shall  break 
bulk,  or  sutfer  any  of  the  wines,  liquors,  goods,  wares  and  merchan- 
dize imported  in  such  ship  or  vessel  to  be  unladen  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 
province,  for  whicli  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,  exhil)its  the  sterling  value  of  said  goods,  and  that,  bond  Jide,  ac- 
cording to  your  best  skiU  and  judgment,  it  is  not  less  than  that  value.  So  help 
you  God. 

— which  oath  the  commissioner  or  receiver,  appointed  in  consequence 
of  this  act,  is  hereby  impowered  and  directed  to  administer ;  and  the 
owners  aforesaid  shall  pay  to  the  said  commissioner,  or  give  security 
to  pay,  the  duty  of  impost  by  this  act  required,  before  such  wines, 
liquors,  goods,  wares  or  merchamlize  l)e  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 


300  Peovince  Laws.— 1759-60.  [Chap.  27.] 

wharf,  or  in  anj''  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  tlie  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  ha^-e  and  pro- 
duce an  invoice  of  the  quantities  of  rum  or  other  liquors  to  him  or  them 
consign'd,  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  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  lim- 
ited as  that  he  shall  settle  and  ballance  his  accompts  with  every  person, 
on  or  before  the  twenty-sixth  da}^  of  March,  one  thousand  seven  hun- 
dred and  sixty-one,  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  he  it  further  enacted, 

[Sect.  10.]  That  the  importer  of  all  wines,  liquors,  goods,  wares 
and  merchandize,  from  and  after  the  twenty-fifth  day  of  March,  one 
thousand  seven  hundred  and  sixty,  and  until  the  twenty-sixth  day  of 
March,  one  thousand  seven  hundred  and  sixt3'-one,  by  land-carriage  or 
in  small  vessels  and  boats,  shall  make  report  and  deliver  a  manifest 
thereof  to  the  commissioner  aforesaid  or  his  deputy,  therein  particu- 
larly 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  hj  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  sev- 
eral 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  an}-  store  or  place  whatsoever. 

And  he  it  farther  enacted, 

[Sect.  11.]  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-thirds  thereof 
leaked  out,  shall  be  accounted  for  outs,  and  the  merchant  or  importer 
shall  pay  no  duty  for  the  same.  And  no  master  of  anj^  ship  or  vessel 
shall  suffer  any  wines  to  be  filled  up  on  board  without  gi\dng  a  certifi- 
cate of  the  quantit}'  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.  12.]  And  if  it  may  be  made  to  appear  that  an}-  wine  im- 
ported in  anv  ship  or  vessel  be  decaj^ed  at  the  time  of  unloading 
thereof,  or  in  twenty  daj'S  afterwards,  oath  being  made  before  the  com- 
missioner or  receiver  that  the  same  hath  not  been  landed  above  that 
time,  the  duties  and  impost  paid  for  such  wines  shall  be  repayed  unto 
tlie  importer  thereof. 

And  he  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  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  b}-  the  person  or 


[8d  Sess.]  Province  Laws.— 1759-60.  301 

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  ever}-  ship  or  other  vessel,  to  secure  and  detain  in  his  hands, 
at  the  owner's  risque,  all  such  wines,  liquors,  goods,  wares  and  mer- 
chandize, imported  in  any  ship  or  vessel,  until  he  receives  a  certificate, 
from  the  commissioner  or  receiver  of  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 
and  merchandize  as  are  not  entered,  unto  the  commissioner  or  receiver 
of  the  impost  in  such  port,  or  his  order,  who  is  hereb}-  impowered 
and  directed  to  receive  and  keep  the  same,  at  the  owner's  risque,  until 
the  impost  thereof,  with  the  chffc'ges,  be  paid  or  secured  to  be  paid  ;  and 
then  to  deliver  such  wines,  liquors,  goods,  wares  or  merchandize  as 
such  master  shall  direct. 

And  be  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  accord- 
ing to  the  manifest  to  be  by  him  given  u[)0u  oath,  as  aforesaid,  as  shall 
remain  not  entered,  and  the  dut}'  of  impost  therefor  not  paid,  or 
secured  to  be  paid.  And  where  an}'  goods,  wares  or  merchandize  are 
such  that  the  value  thereof  is  not  known,  whereb}-  the  impost  to  be 
recovered  of  the  master,  for  the  same,  cannot  be  ascertained,  the  owner 
or  person  to  whom  such  goods,  wares  or  mci'chandize  are  or  shall  be 
consigned,  shall  be  summoned  to  appear  as  an  evidence  at  the  court 
where  such  suit  for  the  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  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  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  judg- 
ment 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  by  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  pros- 
ecuted 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  satis- 
faction thereof,  as  is  before*i:)rovided :  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  to  the  commissioner  or  receiver 
of  impost  that  seized  the  same,  to  respond  or  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  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  he  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 


302  Province  Laws.— 1759-60.  [Chap.  27.] 

vessel,  outward  bound,  until  he  shall  be  certified,  by  the  commissioner 
or  receiver  of  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  impost  is  hereby 
impowered  to  allow  bills  of  store  to  the  master  of  an}^  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  discretion 
of  the  commissioner  or  receiver,  not  exceeding  three  per  cent  of  the 
lading ;  and  the  duties  pa3'able  b}'  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  an}'  other  waj', 
and  also  to  pi'event  wines,  rum  or  other  distilled  spirits  being  first  sent 
out  of  this  province,  and  afterward  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  enjo^-ned  to, 
appoint  one  suitable  person  or  persons  as  his  deputy  or  deputies,  in  all 
such  places  of  this  province  where  it  is  likeK  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  dut}'  of  impost  has  been  paid  therefor 
since  their  being  brought  into  or  relanded  in  this  goveriwnent ;  and 
such  officer  or  officers  are  also  impowered  to  search,  in  all  suspected 
places,  for  such  wines,  rum  or  distilled  spirits,  or  tea,  broitght  or 
relanded  in  this  government,  where  the  duty  is  not  paid  as  aforesaid, 
and  to  seize  or  secure  the  same  for  the  end  and  uses  as  in  this  act  is 
hereafter  provided. 

And  he  it  farther  enacted, 

[Sect.  19.]  That  the  commissioner  or  his  deputies  shall  have  full 
power  to  administer  the  several  oaths  aforesaid,  and  search  in  all  sus- 
pected 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  he  it  further  enacted, 

[Sect.  20.]  That  if  the  said  commissioner,  or  his  deput}-,  shall  have 
information  of  an}'  wines,  rum  or  other  distilled  spirits,  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  commissioner  or  his  deputy's  making  oath  that  he  hath  had 
information  as  aforesaid  ;  and  having  sucl»  warrant,  and  being  attended 
b}^  such  officer,  the  said  commissioner  or  his  deputy  may,  in  the  day- 
time, between  sunrising  and  sunsetting,  demand  admittance  of  the 
person  owning  or  occup3ing  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  deput}',  shall  be  and  hereby  is  impowered  to  command 
assistance,  and  impress  carriages  necessary  to  secure  the  liquors  or  tea 
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  afforded,  and  carriages  made 


[3d  Sess.]  Province  Laws.— 1759-60.  303 

use  of,  to  secure  the  liquors  or  tea  seized  as  aforesaid  ;  and  the  com- 
missioner or  his  deputy  shall  then  file  an  information  of  such  seizure  in 
the  inferiour  court  of  common  pleas  for  the  county  wherein  such  seiz- 
ure shall  be  made,  which  court  shall  summon  the  owner  of  such  liquors 
or  tea,  or  the  occupier  of  such  shop,  house  or  warehouse,  or  distill- 
house,  where  the  same  were  seized,  to  appear  and  shew  cause,  if  any 
he  has,  why  such  liquors  or  tea  so  seized  shall  not  be  adjudged  for- 
feited ;  and  if  such  owner  or  occupier  shall  not  shew  cause  as  afore- 
said, 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  further  enacted, 

[Sect.  21.]  That  there  shall  be  paid  by  the  master  of  every  ship 
or  other  vessel,  comiug  into  any  port  or  ports  of  this  province,  to  trade 
or  trafflck,  whereof  all  the  owners  are  not  belonging  to  this  province 
(excepting  such  vessels  as  belong  to  Great  Britain,  the  provinces  or 
colonies  of  Pennsylvania,  West  and  East  Jerse}',  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  :  savinr/  for  that  part  which  is  owned  in 
Great  Britain,  this  province,  or  any  of  the  aforesaid  goverumcnts,  which 
are  hereby  exempted  ;  to  be  paid  unto  the  commissioner  or  receiver  of 
the  duties  of  impost,  and  to  be  employed  for  the  uses  and  ends  afore- 
said. 

[Sect.  22.]  And  the  said  commissioner  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  and  tonnage  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  owner  or  master  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  b}^  the  commissioner  out  of  the  money  received  b}'  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  certitied, 
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  payable  according  to  this  act. 

And  be  it  further  enacted, 

[Sect.  23.]  That  when  and  so  often  as  any  wine,  rum  or  tea,  im- 
ported 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  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  duty  of  impost  aforesaid  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  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,  rum  or  tea  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  wine,  nine  shillings. 


304  Province  Laws.— 1759-60.  [Chap.  27.] 

For  every  hogshead  of  rum,  seven  shiUings  and  sixpence. 

And  for  every  pound  of  tea,  one  shilling. 

Provided,  ahvays, — 

[Sect.  24.]  That  if,  after  the  shipping  of  such  wines  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  an3^  part  thereof,  shall  be  relanded  in  this  province,  or 
brought  into  the  same  from  any  other  province  or  colony,  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. 

A7id  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  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  receive  commission  from  the  governour  or  commander-in-chief  for 
the  time  being,  with  authoritj'  to  substitute  and  appoint  a  deput}'- 
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  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  receiver : 
which  said  commissioner  and  receiver  shall  keep  fair  books  of  all  entries 
and  duties  arising  b}'  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  lie  open,  at  all  seasonable 
times,  to  the  view  and  perusal  of  the  treasurer  or  receiver-general  of 
this  province  (or  an}'  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  commissioner  or  re- 
ceiver and  his  deputy  or  deputies,  before  their  entering  upon  the  exe- 
cution of  their  said  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,  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  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  commissioner's  ac- 
counts, 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  or 
arising  in  consequence  of  an)^  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 
DO  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.  28.]  That  from  and  after  the  commencement  of  this  act,  in 
all  causes  wherein  an}'  claimer  shall  appear,  and  shall  not  make  good 
the  claim,  the  charges  of  prosecution  shall  be  borne  and  paid  b}'  the 
said  claimer,  and  not  by  the  informer.     [Passed  February  13,  1760. 


[3d  Sess.]  Peovince  Laws.— 1759-60.  305 


CHAPTER    28. 

AN  ACT  FOR  GRANTING  UNTO  HIS  MAJESTY  AN  EXCISE  UPON  SPIRITS 
DISTILLED,  AND  WINE,  AND  UPON  LIMES,  LEMMONS  AND  ORANGES. 

We,  his  niajest3-'s  most  loj'al  and  dutiful  subjects,  the  representa-  Preamble, 
lives  of  the  province  of  the  Massachusetts  Bav,  in  general  court  as- 
sembled, being  desirous  to  lessen  the  present  debt  of  the  province, 
have  chearfully  and  unanimously  granted,  and  do  hereby  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  and  collected,  and  paid  in  manner  and  form  follow- 
ing :  —  '  ' 

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

[Sect.  I.J     That  from  and  after  the  twenty-fifth  da}'  of  March,  one   Time  of  this 
thousand  seven  hundred  and  sixty,  and  until  the  twenty-sixth  day  of  ^nce,°°°"'"^ 
March,  one  thousand  seven  hundred  and  sixty-two,  every  person  already 
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,  eightpence. 

For  every  gallon  of  wine  of  every  sort,  twelvepence. 

For  ever}'  hundred  of  lemmons  or  oranges  used  and  consumed  in  mak- 
ing punch,  or  otherwise  for  sale  by  taverners  and  innholders  only,  eight 
shillings. 

For  every  hundred  of  limes  used  and  consumed  in  making  punch, 
or  otherwise  for  sale  by  taverners  and  innholders  only,  three  shil- 
lings. 

— And  so  proportionable  for  any  other  quantity  or  number. 

And  be  it  further  enacted, 

[Sect.  2.]  That  every  retailer  of  rum,  wine  or  spirits  distilled,  ^^^o""*^* *° ^^ 
taverner,  innholder  and  common  victualler,  shall,  on  the  twenty-sixth 
day  of  March,  one  thousand  seven  hundred  and  sixty,  take  a  just  and 
true  account,  in  writing,  of  all  wine,  rum  and  spirits  distilled  then  by 
him  or  her,  or  in  his  or  her  possession ;  and  that  ever}^  person  who 
shall  be  hereafter  licenced  to  be  taverner,  innholder,  common  victualler 
and  retailer  of  wine,  rum  or  spirits  distilled,  shall  take  a  like  account  of 
all  wine,  rum  and  other  spirits  distilled  by  him  or  her,  or  in  his  or  her 
possession,  at  the  time  of  such  licence  granted  ;  and  *  every  taverner, 
innholder,  common  victualler  and  retailer  of  rum,  or  other  spirits  dis- 
tilled, 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,  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-j-ear  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  collect  the  duties  aforesaid  the  whole  of 
those  several  accounts,  and  shall  also  make  oath,  in  the  form  following, 
before  such  collector  or  collectors,  who  are  hereby  impowered  to  admin- 
ister the  same  :  — 

You,  A.  B.,  do  swear  that  the  account  by  you  now  rendered  is,  to  the  best  of   Fonn  of  the 
your  knowledge,  a  just  and  true  account  of  all  wines,  rum  and  distilled  spirits    °^^  • 
you  had  by  you,  or  in  your  possession,  on  the  twenty-sixth  day  of  March,  one 
thousaad  seven  hundred  and  sixty,  and  also  of  all  the  wine,  rum  and  other 

»  "That,"  omitted? 


306 


Pr.oviNCE  Laws.— 1759-60.  [Chap.  28.] 


Penalty  for  col- 
lectors receiv- 
ing accounts 
vithoui  oath. 


Oath  to  be 
varied. 


Duties  to  the 
collector. 


Ten  per  cent 
allo-wed  for 
leakage. 


Taverners,  &c., 
to  give  bond. 


Forfeiture  for 
neglect  in  keep. 
Ing  and  render- 
log  accounts. 


distilled  spirits  bought,  distilled,  taken  in  or  received  by  you,  or  by  any  per- 
son 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  believe  that  there  has  been  by  you,  or  by  any  other 
person  or  persons  for  or  under  you,  or  by  your  or  their  order,  allowance,  con- 
sent or  connivance,  either  directly  or  indirectly,  sold,  used  or  consmned,  any 
wine,  or  any  liquor  for,  or  as,  wine ;  any  rum  or  distilled  spirits,  or  liquor  for, 
or  as,  rum  or  distilled  spirits ;  or  that  there  has  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  in  making  punch,  or  otherwise 
for  sale,  since  the  said  twenty-fifth  day  of  March,  one  thousand  seVen  hundred 
and  sixty,  besides  what  is  contained  in  the  accomit  by  you  now  rendered.  So 
help  you  God. 

— and  every  collector  of  the  excise  who  shall  recei^-e  any  account  from 
any  person  in  consequence  of  this  act,  without  their  making  oath  to  the 
same,  as  aforesaid,  shall  forfeit  and  pay  for  the  use  of  the  government 
the  sum  of  twenty'  pounds. 

[Sect.  3.]  And  for  every  person  that  was  not  licenced  on  the  same 
twenty-fifth  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  accounts  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  accounts  shall  be  inserted  and  used. 

[Sect.  4.]  And  every  such  taverner,  innholder,  retailer  and  com- 
mon victualler  shall  pay  the  duties  aforesaid  to  him  or  them  that  shall 
collect  the  same,  on  the  whole  of  the  several  articles  mentioned  in  such 
account  rendered,  saving  only  for  such  part  thereof  as  remains  in  their 
hands  unsold:  provided,  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  further  enacted, 

[Sect.  5.]  That  every  person  hereafter  licenced  to  be  a  taverner, 
innholder,  common  victualler  or  retailer  of  an}'  wine,  rum  or  spirits 
distilled  shall,  within  thirty  days  after  such  licence  granted,  and  be- 
fore he  or  she  sell  b}'  virtue  of  the  same,  not  only  become  bound  to 
keep  good  rule  and  order,  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  this  government,  in  a  sufficient  sum,  to  be  or- 
dered by  the  court  that  grants  the  licence,  which  sum  shall  not  exceed 
three  hundred  pounds  nor  be  less  than  fifty  pounds,  conditioned  that 
they  shall  keep  and  render  the  accounts  aforesaid,  and  pay  the  duties 
aforesaid,  as  in  and  by  this  act  is  required. 

And  be  it  farther  enacted, 

[Sect.  6.]  That  eveiy  such  taverner,  innholder,  common  victualler 
and  retailer,  who  shall  neglect  or  refuse  to  take,  keep  and  render  such 
accounts  as  by  this  act  are  required,  or  that  shall  neglect  or  refuse  to 
take  the  oath  aforesaid,  shall  forfeit  and  pay,  to  him  or  them  that  shall 
collect  the  duties  aforesaid,  double  the  sum  which  the  court  of  general 
sessions  of  the  peace  in  that  count}'  shall  adjudge  that  the  duties  of 
excise  upon  the  liquors,  limes,  lemmons  and  oranges  by  such  taverner, 
innholder,  common  victualler  or  retailer,  or  by  any  for,  by  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  have  not  accounted  with  the  collector,  and  paid  him  the 
excise  aforesaid,  due  from  such  person  at  the  time  of  his  or  her  taking 
or  renewing  his  licence. 

And  whereas,  notwithstanding  the  laws  made  against  selling  strong 


[3d  Sess.] 


Peovince  Laws.— 1759-60. 


307 


drink  without  licence,  many  persons,  not  regarding  the  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  pa3'  the  duties  of  excise  therefor  are  greatly 
wronged,  and  the  government  therebj'  defrauded, — 

Be  it  therefore  enacted, 

[Sect.  7.]  That  if  any  distiller,  importer  or  any  other  person  what- 
soever, after  the  said  twenty-fifth  day  of  March,  shall  presume,  directl}' 
or  indirectl}^,  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  obtained  from  the  court  of  general  sessions  of  the  peace 
iu  that  county,  and  recognizing  in  manner  as  aforesaid,  shall  forfeit 
and  pay  for  each  offence  the  sum  of  four  jDOunds  and  costs  of  prosecu- 
tion, two-thirds  for  the  use  of  the  government,  and  the  other  third  for 
the  prosecutor ;  and  all  such  as  shall  neglect  or  refuse  to  pay  the  fine 
aforesaid  shall  stand  closely  committed  in  the  common  goal  of  the 
county,  and  not  have  the  liberty  of  the  goaler's  house  or  3"ard,  until 
said  sum  of  four  pounds  is  paid,  with  costs  ;  and  any  goaler  giving 
liberty  contrary  to  this  act,  shall  forfeit  and  pa}'  the  said  sum  of  four 
pounds,  to  be  disposed  of  in  manner  aforesaid,  and  costs  of  prosecu- 
tion. 

And  whereas  some  doubts  have  arisen  whether  the  lending  or  deliv- 
ering rum,  brandy  or  other  spirits  distilled,  or  wine,  to  others,  for  their 
use,  upon  agreement  or  confidence  of  having  the  like  liquors  returned 
again,  be  a  sale  thereof;  wherefore,  for  removing  all  such  doubts, — 

Be  it  enacted, 

[Sect.  8.]  That  all  rum,  brandy  and  other  spirituous  liquors,  and 
wine,  lent  or  delivered  to  others  foi'  their  use,  upon  such  like  consider- 
ation, is,  and  shall  be  deemed  and  taken  to  be,  an  absolute  sale  there- 
of; and  that  every  person  not  licenced  as  aforesaid,  that  shall  order, 
allow,  permit  or  connive  at  the  selling  au}^  rum,  brandy  or  other  dis- 
tilled 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  persons  in  or  belonging  to  his  or  her  house  or  famih',  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  to 
appear  that  the  liquors  lent  or  delivered  as  aforesaid  shall  have  had 
the  duties  paid  upon  them,  or  were  purchased  of  any  person  or  persons 
having  licence  or  permit,  the  person  lending  or  delivering  the  same,  as 
aforesaid,  shall  not  be  subject  to  the  aforesaid  pains  and  penalties. 

And  ivhereas  divers  other  persons  than  those  licenced  to  sell  rum  and 
other  distilled  spirits  by  retail,  have  heretofore  supplied  persons  em- 
plo3'ed  b}'  them  in  the  fishery,  building  vessels,  and  in  other  business, 
with  rum  and  other  liquors,  without  paying  any  excise  thereon,  and 
there b}'  have  defrauded  the  government  of  the  duty  of  excise,  and  have 
not  been  subject  to  the  penalt}'  provided  b}'  law  against  selling  drink 
without  licence,  and  the  same  practice  will  probably  be  continued,  un- 
less effectual  care  be  taken  to  prevent  the  same, — 

Be  it  therefore  further  enacted, 

[Sect.  9.]  That  all  persons  not  licenced  as  aforesaid,  who  hereafter 
shall  by  themselves,  or  b}^  anj^  other  person  or  persons  under  them,  or 
by  their  orders,  allowance  or  connivance,  supply  any  person  or  persons 
employed  by  them  in  the  fishery,  building  of  vessels,  or  any  other 
business  or  employ,  with  rum  or  any  other  distilled  spirits,  or  wine, 
shall  be  deemed  and  taken  to  be  sellers  of  such  liquors,  and  be  subject 


Forfeiture  for 
Belting  witboat 
license. 


Preamble. 


Liquors  lent  or 
delivered  on 
certain  consid- 
eration, to  bo 
deemed  a.  sale. 


Proviao. 


Preamble. 


Persons  not 
licensed  supply, 
ing  those  em- 
ployed by  tbem 
in  ihe  iishery, 
&c.,  with  spirits 
U0U8  liquors  to 
be  deemed 
sellers. 


308 


Province  Laws.— 1759-60.  [Chap.  28.] 


One  -witness 
BufHclent  for 
conviction. 


Penalty  for  sell- 
ing Btrong  drink 
to  negroes, 
mulattoes,  &c. 


Penalty  on  per- 
eons  refusing  to 
give  evidence. 


to  the  aforesaid  pains  and  penalties  provided  against  persons  selling 
any  of  the  liquors  aforesaid  without  licence,  and  shall  be  recovered  in 
like  manner,  unless  they  make  it  appear  that  such  wine,  rum  or  other 
distilled  spirits,  was  purchased  of  a  taverner,  inuholder  or  retailer, 
or  other  person  or  persons  that  had  licence  or  permit  to  sell  the  same. 

And  be  it  further  enacted, 

[Sect.  10.]  That,  when  any  person  shall  be  charged  with  selling 
strong  drink  without  licence,  one  witness  produced  to  the  satisfaction 
of  the  court  or  justice  before  whom  the  trial  is,  shall  be  deemed  suf- 
ficient 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,  any  justice  of  the  peace  in  the  same  county 
shall  have  full  power  to  convene  such  persons  before  him,  to  examine 
them  upon  oath  concerning  the  persons  suspected  of  selling  or  retail- 
ing strong  drink  in  such  houses,  outhouses  or  other  dependencies 
thereof;  and  if  upon  examining  such  witnesses,  and  hearing  the  de- 
fence 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 
person,  and  he  shall  forfeit  in  like  manner  as  if  process  had  been  com- 
menced by  action  or  information  before  the  said  justice  ;  or  otherwise 
the  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.  11.]  That  when  and  so  often  as  any  person  shall  be  charged 
with  selling  strong  drink  without  licence  to  any  negro,  Indian  or  rao- 
latto  slave,  or  to  any  child  or  other  person  under  the  age  of  discretion, 
and  other  circumstances  concurring,  it  shall  appear  to  be  highly  proba- 
ble 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  four  pounds,  one  third  to 
the  informer,  the  other  two  thirds  to  the  collector  of  excise  for  the  use 
of  the  government,  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.  12.]  That  if  any  person  or  persons  shall  be  summoned  to 
appear  before  a  justice  of  the  peace,  or  the  grand  jury,  to  give  evidence 
relating  to  any  person's  selling  strong  drink  without  Ucence,  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 
informed  against,  presented  or  indicted  for  selling  strong  drink  with- 
out licence,  and  shall  neglect  or  refuse  to  appear,  or  to  give  evidence 
in  that  behalf,  ever}^  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,  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  an}^  two  of  his  majesty's  justices  of  the  peace, 
quorum  unus,  and  sealed  up  and  delivered  into  court,  the  adverse 
party  having  first  had  notice,  in  writing,  sent  to  him  or  her,  of  the  time 
and  place  of  caption,  shall  be  esteemed  as  suflJicient  evidence,  in  the 


[3d  Sess.] 


Province  Lam^s. — 1759-60. 


309 


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  eveiy  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  penaltj^  as  he  or  she  would  have 
been,  hy  virtue  of  this  act,  for  not  appearing,  or  neglecting  or  re- 
fusing to  give  his  or  her  evidence  before  the  grand  jur}-  or  court  afore- 
said. 

And  he  it  further  enacted^ 

[Sect.  13.]  That  all  fines,  penalties  and  forfeitures  arising  by  this 
act  shall  and  may  be  recovered,  by  action  or  information,  before  an}'' 
court  of  recoixl  proper  to  try  the  same  ;  and,  where  the  sum  forfeited 
doth  not  exceed  four  pounds,  b}'  action  or  information  before  any  one 
of  his  majest3''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  aggrieved  by  the 
determination  of  said  justice,  liberty  of  appeal  therefrom  to  the  next 
court  of  general  sessions  of  the  peace  to  be  holden  for  and  within  said 
count}',  at  which  court  such  offence  shall  be  finally  determined  :  pro- 
vided, that  in  the  same  appeal  the  same  rules  be  observed  as  are  al- 
ready required  by  law,  in  appeals,  from  justices,  to  the  court  of  general 
sessions  of  the  peace  :  saving,  only,  that  the  recognizance  for  prosecut- 
ing the  appeal  shall  be  eight  pounds. 

And  be  it  further  enacted, 

[Sect.  14.]  That  every  collector  shall  settle  all  accounts  relating 
to  said  excise  in  the  several  towns  of  the  county  where  he  is  collector, 
first  giving  seasonable  and  publick  notice  of  the  time  and  place  or 
places  where  said  business  shall  be  transacted. 

And  be  it  further  enacted, 

[Sect.  15.]  That  there  be  one  or  more  collectors  in  each  county 
appointed  by  the  general  court,  —  or  courts  of  general  sessions  of  the 
peace,  where  it  shall  happen  that  such  collector  refuse  to  accept  said 
office,  or  be  removed  by  death,  or  for  mismanagement,  — to  take  charge 
of  this  duty  of  excise,  who  shall  have  full  power  to  inspect  the  houses 
of  all  such  as  are  licenced,  and  of  such  as  are  suspected  to  sell  without 
licence,  which  collector  shall  be  upon  oath  to  take  care  of  the  execution 
of  this  law,  and  to  prosecute  the  breakers  of  it. 

[Sect.  16.]  And  every  collector  of  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  becbme 
due  in  said  county,  and  pay  in  the  same  to  such  collector,  which  depu- 
ty and  deputies  shall  have,  use  and  exercise  all  such  powers  and  au- 
thorities as  in  and  by  this  act  are  given  or  committed  to  the  collector 
for  the  better  collecting  the  duties  aforesaid,  or  prosecuting  offenders 
against  this  act ;  for  the  doings  of  such  deputies,  the  collectors,  respec- 
tively, shall  be  accountable. 

[Sect.  17.]  And  the  said  collectors  shall  carefully  examine  the 
accounts  of  every  licenced  person  in  their  respective  counties,  and 
demand,  sue  for  and  receive  the  several  sums  due  from  them  by  this 
act,  and  shall  give  in  the  name  of  every  licenced  and  permitted  per- 
son, and  an  account  under  their  hands  of  the  particular  sums  they 
receive,  and  of  whom  received,  unto  the  treasurer,  upon  oath;  which 
oath  the  treasurer  is  hereby  impowered  and  directed  to  administer  in 
the  words  following  ;  viz.,  — 


How  fines,  &c., 
are  to  be  recov- 
ered. 


Collector  to 
settle  accounts. 


Collectors  of  the 
excise  to  be 
appointed  by 
the  general 
court. 


310 


Province  Laws.— 1759-60.  [Chap.  28.] 


Form  of  the 
oath. 


Collectors  to 
give  two  re- 
ceipts for  every 
Bom  received. 


Collector  b'  fees. 


Bond  to  be 
given  to  the 
treasurer  for 
treble  the  sum 
that  the  excise 
was  farmed  for. 


Penalty  for 
collectors  or 
deputies 
of^ndlng. 


ProviBO. 


You,  A.  B.,  do  swear  that  this  is  a  just  and  true  account  of  the  excise  upon 
all  wines,  rum  and  distilled  spirits,  limes,  lemmons  and  oranges,  by  you  re- 
ceived or  secured  to  be  paid  you  in  the  coimty  of  ;  and  that  the  per- 
sons by  whom  such  excise  was  paid  or  secured  to  be  paid  to  you,  were  sworn 
in  manner  and  form  as  by  law  is  prescribed.     So  help  you  God. 

[Sect.  18.]  And  at  the  time  of  receiving  any  money,  the  said  col- 
lector shall  give  two  receipts,  of  the  same  tenor  and  date,  mentioning 
what  sum  or  sums  they  have  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  said  court  shall, 
within  twent}'  days  after  receipt  thereof,  transmit  the  same  to  the  treas- 
urer or  receiver-general. 

[Sect.  19.]  And  such  collectors  shall  pay  in  to  the  public  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  the  six  months,  as  long  as  they  shall  continue  in  such  office,  on 
pain  of  forfeiting  the  reward  given  such  collectors  b}'  this  act,  who  shall 
be  allowed,  in  the  county  of  Suffolk,  two  and  an-half  per  cent,  in  the 
counties  of  Essex  and  Middlesex  and  Pl3mouth,  two  per  cent,  and  in 
the  other  counties  three  per  cent,  on  all  money  by  them  collected  and 
paid  into  the  treasury  as  aforesaid:  each  collector  before  he  enters  into 
the  said  office  to  give  bond,  for  treble  the  sum  that  it  was  farm'd 
for,  in  the  respective  counties,  in  the  year  one  thousand  seven  hun- 
dred and  fifty-seven,  to  the  treasurer  of  this  province  for  the  time 
being,  and  his  successors  in  said  office  ;  which  bond  shall  be  executed 
before  the  next  court  of  general  sessions  of  the  peace,  in  the  respec- 
tive counties,  after  such  appointment,  where  the  said  collectors  live,  or 
before  two  of  his  majesty's  justices  of  the  peace  in  the  respective 
counties,  one  to  be  of  the  qtiorum:  one  of  the  said  justices  to 
return  the  certificate  to  the  clerk  of  the  sessions  within  thirty  days, 
as  aforesaid,  and  be  transmitted  to  the  treasurer  of  the  province  bj'  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  fifty 
days  after  either  of  the  times  of  payment. 

And  be  it  further  enacted, 

[Sect.  20.]  That  in  case  any  collector  of  the  excise  as  aforesaid, 
or  his  deputj^,  shall,  at  any  time  during  their  continuance  in  that  office, 
wittingl}'  and  willing  connive  at,  or  allow  any  person  or  persons  in  their 
respective  divisions,  not  licenced  b}^  the  court  of  general  sessions  of 
the  peace,  their  selling  any  wine,  rum  or  other  liquors  by  this  act  for- 
bidden, such  collector  or  deputy,  for  every  such  oflence,  shall  forfeit  the 
sum  of  fifty  pounds  and  costs  of  prosecution ;  one  half  of  the  penalty 
aforesaid  to  be  to  his  majest}^  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  from  serving  in  said  office :  saving, 
that  said  collector  ma}^  give  a  permit  to  any  person  to  sell  rum  or 
other  spirits  distilled,  or  wine,  in  quantity  from  twenty-five  gallons  and 
upwards,  agreeable  to  this  act. 

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

[Sect.  21.]  That  if  any  taverner  or  retailer  shall  sell  to  any  other 
taverner  or  retailer  any  quantity  of  whatever  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  shall  pay 
the  same  ;  and  the  seller  as  aforesaid,  shall  and  hereby  is  required  to 
deliver  to  the  collector  of  this  duty  a  true  account  of  such  liquors  sold 
as  aforesaid,  and  to  whom  sold. 


[3d  Sess.] 


Province  Laws. — 1759-60. 


311 


And  to  the  end  that  the  revenue  arising  from  the  excise  upon  spirit 
uous  liquors  may  be  increased  and  raised  with  more  equality,  — 

Be  it  enacted, 

[Sect.  22,]  That  from  and  after  the  twenty-fifth  day  of  March, 
one  thousand  seven  hundred  and  sixt}',  to  the  twent3'-sixth  day  of 
March,  one  thousand  seven  hundred  and  sixty-two,  upon  all  rum  and 
other  distilled  spirits,  and  all  wine,  imported  and  manufactured,  and 
sold  for  consumption  within  this  province,  there  be  laid  and  hereby  is 
laid  the  dut}'  of  excise  following  ;  viz.,  — 

For  ever}'  gallon  of  rum  and  spirits  distilled,  eightpence ; 

For  ever}'  gallon  of  wine  of  every  sort,  one  shilling :  to  be  paid  to 
the  collector  of  excise,  or  his  deputy,  by  every  person  having  permit 
to  sell  the  said  liquors  in  each  county  respectively. 

And  be  it  further  enacted, 

[Sect.  23.]  That  ever}-  person  that  shall  import  any  of  the  liquors 
aforesaid,  or  to  whom  an}-  of  them  sliall  or  may  be  consigned,  shall  be 
and  hereb}'  is  prohibited  from  selling  the  same,  or  any  part  thereof, 
without  having  a  permit  so  to  do  from  the  collector  of  excise,  or  his 
deput.y.  And  every  person  distilling  or  manufacturing  any  of  the  said 
liquors,  and  every  person  owning  or  possessing  an}-  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  collector  of  excise,  or  his  deputy,  on  forfeiture  of  fifty  pounds  and 
of  the  value  of  the  liquors  so  sold ;  and  the  said  permit  shall  express 
the  particular  county  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  other  county  not  mentioned  in  such  permit,  he  shall  forfeit 
four  pounds,  to  be  paid,  one  third  to  the  prosecutor,  and  the  other  two 
thirds  to  the  collector,  for  the  use  of  this  government. 

Provided,  nevertheless,  — 

[Sect.  24.]  That  the  impost  oflScer,  and  his  deputy,  shall  be  and 
hereby  are  respectively  impowered  to  grant  a  permit  for  selling  the 
liquors  aforesaid,  or  any  of  them,  to  any  person  applying  for  the  same, 
until  a  collector  be  appointed  in  each  county,  respectively,  to  whom  the 
duty  of  excise  shall  be  paid  as  aforesaid,  and  until  the  collector  shall 
give  public  notice  of  his  appointment  as  aforesaid.  And  the  said  im- 
post officer,  and  deputy,  shall  transmit  to  the  collector  of  each  county 
an  account  of  the  permits  by  each  of  them  respectively  granted  to  per- 
sons living  in  such  county. 

Ayid  be  it  farther  enacted, 

[Sect.  25.]  That  if  the  said  collector  or  his  deputy  shall  have  in- 
formation of  any  place  where  any  of  the  liquors  aforesaid  shall  have 
been  sold  by  any  person  not  having  permit,  as  aforesaid,  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  collector  or  deputy's  making  oath  that  he 
hath  had  information  as  aforesaid,  and  that  he  hath  just  cause  to  sus- 
pect 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  collector,  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  said  place,  and  finding  such  liquors,  may  seize  and  take  the 
same  into  his  own  custody  ;  and  the  collector  aforesaid,  or  his  deputy, 
shall  be  and  hereby  is  impowered  to  command  assistance  and  impress 
carriages  necessary  to  secure  the  liquors  seized  as  aforesaid  ;  and  per- 


Duties  to  be 
paid  upon  all 
liquors  im- 
ported or 
manufactured. 


Liquors  not  to 
be  sold  by  the 
importer,  &c., 
without  a  per- 
mit. 


Proviso. 


Collector  apply* 
ing  to  a  justice 
for  a  warrant 
may  search  for 
liquors  sup- 
posed to  be 
concealed. 


312 


Province  Laws.— 1759-60.  [Chap.  28.] 


Proviso. 


Persons  having 
permit  as  afore- 
said to  render 
an  account  to 
the  collector  at 
the  end  of  every 
half-year,  sav- 
ing, &c. 


sons  refusing  assistance,  or  preventing  said  officers  from  executing 
their  office,  shall  forfeit  five  pounds  to  his  majesty,  for  the  use  of  the 
province,  and  the  said  collector,  or  his  deputy,  shall  make  reasonable 
satisfaction  for  the  assistance  afforded,  and  carriages  made  use  of,  to 
secure  the  liquors  seized  as  aforesaid  ;  and  the  collector,  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  shop,  house,  warehouse  or  distil-house  where  the  same  were  seized, 
to  appear  and  shew  cause,  if  any  he  hath,  why  the  said  liquors  so  seized 
should  not  be  adjudged  forfeited  ;  and  if  such  owner  or  occupier  shall 
not  shew  cause  as  aforesaid,  or  make  default,  the  said  liquors  shall  be 
adjudged  forfeited,  and  the  said  court  shall  order  them  to  be  sold  at 
public  vendue,  and  the  neat  produce  of  such  sale  shall  be  paid,  one 
third  to  the  prosecutor,  the  other  two  thirds  to  the  collector,  for  the  use 
of  this  government. 

Provided,  — 

[Sect.  26.]  That  if  the  liquors  seized  as  aforesaid  be  less  in  quan- 
tity' than  one  hundred  gallons,  the  collector,  or  his  deputy,  shall  file  an 
information  thereof  with  one  of  the  justices  of  the  peace  within  the 
count}'  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  make  default  as  aforesaid,  he  shall 
adjudge  such  liquors  forfeited,  and  shall  order  them  to  be  sold  as  afore- 
said, and  the  neat-produce  of  such  sale  to  be  disposed  of  as  aforesaid  : 
saving  to  the  person  convicted  liberty  of  appeal,  he  entring  into  recog- 
nizance to  the  king,  for  the  use  of  the  province,  in  the  sum  or  fifty 
pounds. 

And  be  it  further  enacted, 

[Sect.  27.]  That  every  person  having  permit  as  aforesaid,  shall,  at 
the  end  of  each  half-j'ear,  respectivel3%  from  the  twenty-fifth  day  of 
March,  one  thousand  seven  hundred  and  sixty,  be  ready  to  render  to 
the  collector  aforesaid,  or  his  deput}',  an  account,  on  oath,  of  all  the 
liquors  aforesaid  b}'  him  or  her,  or  any  person  or  persons  in  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  posses- 
sion, since  the  twentj'-fiflh  day  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  family  have  been  consumed  or  expended 
within  each  half-3'ear,  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  collector  or  his  deput}'  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  any  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  by  the  sessions,  or  to  persons 
having  permit,  said  account  shall  exhibit  the  names  of  such  licenced 
persons  who  purchased,  and  persons  having  permit,  and  time  when 
they  purchased  the  same  ;  and  the  persons  accounting  shall  exhibit  a 
certificate  under  the  hand  of  the  licenced  or  permitted  person  purchas- 
ing, which  shall  express  the  number  of  gallons,  and  the  kind  of  the 
liquors  purchased,  and  the  time  when  the  same  was  purchased,  and  the 
name  of  the  town  and  count}'  wherein  such  licenced  or  permitted  per- 
son lives,  and  shall  lodge  the  said  certificate  with  the  said  collector  or 
his  deputy  ;  and  for  the  quantity  of  the  said  liquors  mentioned  in  such 
certificate,  the  said  collector  or  his  deputy  shall  not  demand  any  duty, 
but  shall  deliver  said  certificate  to  the  collector  of  the  countv  wherein 


[3d  Sess.] 


Province  Laws.— 1759-60. 


313 


such  licenced  or  permitted  persons,  signing  the  same,  lives  :  which  last- 
mentioned  collector  or  his  deputy  shall  settle  with  such  licenced  or  per- 
mitted person  for  the  dut^-  aforesaid  which  ma^y  be  due  from  him  or  her. 

[Sect.  28.]  And  if  any  person  having  a  permit  or  licence  as  afore- 
said, shall  ship  or  export  any  of  the  liquors  aforesaid  out  of  this 
province  in  a  quantity  not  less  than  thirtj'  gallons,  and  shall  make  an 
entry  thereof  with  the  collector  aforesaid,  or  his  deput}',  and  shall  pro- 
duce to  such  collector  or  his  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  carried  out  of  the  province  by  land,  or  in 
small  boats,  then  of  the  person  who  is  master  of  the  land-carriage  or 
boat),  expressing  the  quantitj'  thereof  and  the  time  of  their  being 
shipped,  and  shall  lodge  such  receipt  or  bill  of  lading  with  the  col- 
lector or  his  deputy  aforesaid,  and  at  the  same  time  shall  swear  that 
such  liquors  are  bond  fide  sent,  or  intended  to  be  sent,,  out  of  the 
province,  he  or  she  shall  not  be  held  to  pay  the  duty  thereon  aforesaid. 

[Sect.  29.]  And  if  any  person  not  having  permit  or  licence  shall 
purchase  for  exportation  out  of  this  province  any  of  said  liquors,  in  a 
quantity  not  less  than  thirty  gallons,  of  a  person  having  permit  or 
licence,  the  purchaser  shall  make  entr^'  with  the  collector  or  his  deputy, 
and  at  the  same  time  swear  that  such  liquors  are  bond  fide  sent,  or 
intended  to  be  sent,  out  of  this  province,  and  shall,  within  ten  days  after 
shipping  the  same,  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  per- 
son of  whom  he  purchased  the  same  as  aforesaicl,  who  shall  pay  such 
duty  to  the  collector  or  his  deputy  ;  but  if  the  purchaser  aforesaid  shall 
deliver  such_receipt  or  bill  of  lading  as  aforesaid,  and  it  be  lodged  with 
the  collector  or  his  deputy,  then,  for  the  quantity  of  said  liquors  men- 
tioned therein,  the  collector  or  his  deputy  shall  not  demand  any  duty. 

[Sect.  30.]  And  if  the  master  of  any  vessel,  or  any  other  person, 
shall  give  such  certiflcate,  receipt  or  bill  of  lading,  without  receiving 
the  liquors  mentioned  therein,  or  if  any  person  shall  procure  such  cer- 
tificate, receipt  or  bill  of  lading,  with  design  to  defraud  the  government, 
and  shall  be  thereof  convicted,  they  and  each  of  them  shall  forfeit  and 
pay  the  sum  of  one  hundred  pounds,  two  thirds  for  the  use  of  this  gov- 
ernment, and  the  other  third  for  the  use  of  the  prosecutor.  And  if 
an}-  such  certificate,  receipt  or  bill  of  lading  shall  be  forged,  counter- 
feited or  altered,  the  person  forging,  counterfeiting  or  altering  shall 
incur  the  penalty  of  one  hundred  pounds. 

Provided^  nevertheless^ — 

[Sect.  31.]  That  the  person  having  permit  as  aforesaid  shall  not 
sell  any  of  the  liquors  aforesaid  in  a  quantity  less  than  twenty-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. 

Be  it  further  enacted^ 

[Sect.  32.]  That  the  collector  aforesaid  or  his  deputy,  when  the 
exporter  shall  make  an  entr}'  with  him  as  aforesaid,  or  shall  make  an 
entry  with  him  and  swear  as  aforesaid,  shall  give  to  said  exporter  a 
certificate  of  such  eutr}^  or  a  certificate  of  such  entry  and  oath,  on 
l)enalty  of  one  hundred  pounds,  for  the  use  of  the  exporter. 

And  be  it  farther  enacted^ 

[Sect.  33.]  That  every  person  applying  to  the  collector  or  his 
deputy,  or  to  the  impost  officer  or  his  deputy,  for  a  permit,  shall  give 


Persoti8  having 
permit  as  afore- 
said to  give  an 
account  of 
liquors  sent  out 
of  the  provlnoe. 


PerBons  not 
having  permit  to 
render  an  ac- 
count, &c. 


Penalty  for  mas- 
ters or  others, 
giving  certifi- 
cate -without 
receiving  the 
liquors. 


Proviso. 


Collector  to 
give  certificate, 
on  penalty. 


Persons  apply- 
ing for  a  permit, 
to  give  bond. 


314 


Province  Laws.— 1759-60.  [Chap.  28.] 


Preamble. 


Persons  iraport- 
ing  liquors  for 
private  con- 
Bumption,  &c., 
to  render  an 
account  thereof 
to  the  collector. 


Collector  may 
apply  to  two 
justices  for  a 
citation,  where 
he  may  suspect 
persons  giving  a 
false  account, 
&c. 


bond,  for  the  use  of  this  province,  with  or  without  sureties,  in  a  sum 
not  exceeding  two  hundred  pounds,  nor  less  than  twent}'  pounds,  at  the 
discretion  of  the  collector  or  impost  officer,  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  collector  or  impost  officer  until  he  hath  given 
such  bond. 

And  whereas  the  importer  of  any  of  the  liquors  aforesaid,  or  the 
person  to  whom  the}'  shall  be  consigned,  may  intend  the  same  either 
for  sale  or  for  his  or  her  own  private  consumption,  in  which  case  such 
importer  or  consignee  is  not  sufficiently^  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  maj'  be, — 

Be  it  enacted, 

[Sect.  34.]  That  every  person  that  shall  bring  or  import  into  this 
province,  either  by  land  or  water  carriage,  any  of  the  liquors  aforesaid, 
either  for  sale  or  private  consumption,  shall,  within  twent3'-four  hours, 
pay  or  secure  to  the  collector  the  duties  or  excise  due  thereon  ;  but  in 
case  such  importer  or  consignee  be  licenced  or  permitted,  then  he  shall 
be  held  only  to  report  the  same  to  the  collector  of  excise,  and  at  the 
end  of  each  half-year,  respectively,  shall  make  out  an  account  express- 
ing the  kind  and  full  quantity  of  the  liquors  aforesaid,  imported  or  con- 
signed as  aforesaid  ;  and  when  the  account  is  rendered  to  the  collector 
or  his  deputy,  it  shall  be  upon  oath;  and  such  importer  or  consignee 
shall  pay  to  the  said  collector  or  his  deputy,  on  the  liquor  or  liquors 
mentioned  in  said  account,  the  duty  of  excise  aforesaid,  deducting 
ten  per  cent  for  leakage  ;  and  in  case  of  failure  herein,  the  offender 
shall  pay  a  fine  of  four  pounds,  and  treble  duty  or  excise  ou  the  quan- 
tity so  imported  or  brought  in,  one  third  of  which  shall  be. for  the  use 
of  the  province,  the  other  two'  thirds  for  him  or  her  that  shall  inform 
and  sue  for  the  same. 

[Sect.  35.]  And  if  said  collector  or  his  deputy'  shall  have  reason 
to  suspect  anj'  person  of  bringing  or  importing  into  this  province, 
either  by  land  or  water  carriage,  any  of  the  liquors  aforesaid,  without 
having  entered  the  same  and  secured  the  duties  or  excise  aforesaid, 
the  said  collector  ma}'  apph'  to  two  of  the  next  justices  of  the  peace 
to  such  suspected  person,  and  within  the  county  where  he  lives,  and  on 
making  oath  that  he  so  suspects  such  person,  said  justices  shall  issue  a 
process  under  their  hands  and  seals,  directed  to  the  sheriff  or  his 
deputy,  or  constable,  requiring  hiin  to  summons  such  suspected  person, 
and  oblige  him  to  give  security,  to  the  amount  of  one  hundred  pounds, 
to  appear  and  answer  and  respond  the  judgment  that  shall  be  given  on 
the  premisses,  and  in  case  such  person  shall  not  give  such  securit}',  to 
bring  him  before  such  justices  at  the  time  that  said  justices  in  such 
process  shall  appoint ;  and  when  the  parties  shall  be  before  them,  the 
said  justices  shall  examine  into  the  cause  of  complaiut ;  and4f  it  shall 
appear,  either  b}'  confession  of  the  part}',  or  by  the  evidence  of  one 
credible  witness,  that  he  or  she,  or  any  one  on  his  or  her  behalf,  has 
imported  or  has  had  any  of  the  liquors  aforesaid  consigned  to  him  or 
her  without  having  entered  the  same  and  secured  or  paid  the  duty  or 
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,  or  give  security 
to  pay,  the  aforesaid  fine  of  four  pounds,  and  treble  duty  or  excise  as 
aforesaid,  one  third  for  the  use  of  this  government,  the  other  two  thirds 
for  the  informer  and  prosecutor,  and  costs. 

[Sect.  36.]  And  said  justices  are  hereby  impoAvered  to  make  up 
judgment   and  award   execution  accordingly :  provided   the  said  fine 


[3d  Sess.] 


Province  Laws. — 1759-60. 


315 


and  treble  damage  exceed  not  six  pounds  *  then  said  justices  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  fift}-  pounds  ;  and  any  person  or 
persons  upon  refusing  to  render  such  account  and  paying  as  aforesaid, 
shall  forfeit  fift}'  pounds,  one  third  for  the  use  of  the  prosecutor,  the 
other  two  thirds  for  the  use  of  this  government,  in  lieu  of  such  fine 
and  treble  duty,  to  be  recoA^ered  as  is  hereafter  provided  in  this  act. 

[Sect.  37.]  And  if  no  confession  be  made  by  such  suspected  per- 
son, and  no  evidence  produced  as  aforesaid,  and  it  shall  appear  to  the 
justices  before  whom  the  same  is  tried  that  there  is  sufficient  ground 
of  suspicion,  the  suspected  person  ma}'  then  clear  him-  or  herself  from 
the  complaint  aforesaid,  b}'-  taking  an  oath  in  the  form  following :  — 

You,  A.  B.,  do  swear  that  you  have  not,  directly  or  indirectly,  either  by  Foi-mof  the 
yoitrseli,  or  any  person  in  your  behalf,  imported  into  this  province  any  rum,  oath. 
spirits  distilled,  or  wine,  and  that  you  have  not  had  any  of  said  liquors  di- 
rectly or  indirectly  consigned  to  you,  but  what  you  have  paid,  or  secui-ed  to  be 
paid,  the  duty  or  excise  agreeable  to  an  act  of  this  province  made  m  the 
thirty-third  year  of  his  majesty's  reign,  intituled  "  An  Act  for  granting  unto 
his  majesty  an  excise  upon  spkits  distilled,  and  wine,  and  upon  limes,  lem- 
mons  and  oranges."     So  help  you  God. 

—  which  oath  the  said  justices  are  hereby  impowered  and  required  to 
administer. 

[Sect.  38.]  And  if  such  suspected  person  shall  refuse  to  take  said  Penalty  for  re- 
oath,  and  shall  neglect  to  appear  upon  the  citation  aforesaid,  he  or  the'oath°.  **  * 
she  shall  pay  the  cost  of  citation,  and  shall  forfeit  the  sum  of  fifty 
pounds,  one  third  for  the  use  of  the  prosecutor,  the  other  two  thirds 
for  the  use  of  this  government,  and  costs  of  prosecution  ;  but  if  such 
suspected  person  shall  take  the  said  oath,  the  costs  of  citation  or  war- 
rant shall  be  paid  b}'  the  collector  or  his  deputj",  respectivelj",  who 
applied  for  such  citation  or  warrant ;  who  shall  also  pay  to  the  person 
cited  or  apprehended,  and  taking  said  oath,  the  sum  of  twent}'  shil- 
lings ;  and  in  case  any  person  shall  be  served  with  the  process  afore- 
said, in  manner  aforesaid,  and  shall  not  appear  according  to  the  tenor 
thereof,  said  justices  shall  make  a  record  thereof,  and  the  security 
taken  by  the  sheriff  or  his  deputy,  or  constable,  as  aforesaid,  shall  be 
deemed  forfeited,  and  the  same  b}^  said  collector  may  and  shall  be  put 
in  suit  in  any  court  proper  to  try  the  same,  and  the  sum  recovered  shall 
be  divided,  one  third  to  his  majesty  for  the  use  of  this  province,  and 
the  other  two  thirds  to  such  collector. 

Ayid  be  it  farther  enacted, 

[Sect.  39.]     That  the  collector,  or  his  deputy,  shall  be  and  hereby  Collector  to 
is  obliged  to  grant  a  permit,  under  his  hand,  to  every  person  applying  fn^penafty™*** 
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  fol- 
lowing ;  viz.,  — 

You,  A.  B.,  of  C,  in  the  county  of  D.,  are  hereby  permitted  to  sell  rum  Form  of  the 
and  other  distilled  spirits,  and  wine,  or  any  of  said  liquors,  within  the  comity   P^nnit. 
of  ,  until  the  clay  of  ,  one  thousand  seven 

hundred  and  ,  pursuant  to  an  act  of  this  province,  made  in  the 

thirty-third  year  of  his  majesty's  reign,  intituled  "  An  Act  for  gTanting  unto 
his  majesty  an  excise  upon  spirits  distilled,  and  wine,  and  upon  limes,  lem- 
mons  and  oranges."     Dated  at  C,  this  day  of  ,  176  . 

A.  B.,  collector  (or  deputy  collector)  of  excise  for  the  county  aforesaid. 

*  In  tliis  act,  and  in  the  excise  act  of  the  previous  year  (1758-59,  chap.  29,  §  36), 
the  words  "but  if  such  duty  exceed  six  pounds,"  seem  to  have  been  accidentally 
omitted.     See  1757-58,  chap.  19,  §  37. 


316 


PROvmcE  Laws. — 1759-60. 


[Chap.  28.] 


Fee  for  a  permit. 


Collector  to 
keep  an  oflBce  In 
each  seaport 
town,  &c. 


Preamble. 


Persons  import- 
ing liquors  as 
aforesaid  to  give 
bond. 


Deputy  collect- 
ors liable  to 
military  duties. 


All  persons  wbo 
had  permits  or 
license  to  sell 
liquors,  and 
shall  not  renew 
the  same,  to 
account  for  the 
duties  thereof. 


And  for  sucli  permit  the  said  collector  or  deputy  shall  be  entituled  to 
receive  twopence,  and  no  more  ;  and  the  like  sum  for  an  entiy  made 
with  him,  and  the  like  sum  for  a  certificate  given  by  him. 

And  be  it  farther  enacted, 

[Sect.  40.]  That  the  collector  of  excise,  either  hj  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  Thursda}', 
from  nine  o'clock  in  the  morning  to  twelve  at  noon,  to  grant  permits, 
to  receive  entries,  give  certificates,  &c. 

Provided,  — 

[Sect.  41.]  That  in  the  town  of  Boston  such  an  office  shall  be 
kept  and  attendance  given  on  every  day,  Lord's  Da^'  only  excepted, 
within  the  hours  aforesaid  of  each  of  said  da3s  respectivel}^ 

Provided,  also, — 

[Sect.  42.]  That  the  said  collector  or  his  deput}',  on  application 
made,  shall  at  any  other  time  grant  permits,  receive  entries  and  give 
certificates  aforesaid. 

And  whereas  persons  not  belonging  to  this  province  may  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  pei'sons  selling 
said  liquors  are  held  to  account  with  the  collector,  and  by  that  means 
may  avoid  pa3ing  the  duty  upon  what  has  been  so  disposed  of;  for  pre- 
venting whereof,  — 

Be  it  enacted, 

[Sect.  43.]  That  every  person  importing  the  liquors  aforesaid,  and 
applying  to  the  collector  or  his  deputy  for  a  permit  to  sell  the  same, 
shall  give  bond  to  said  collector,  in  a  sum  not  exceeding  two  hundred 
pounds  nor  less  than  twenty  pounds,  with  or  without  sureties,  at  the 
discretion  of  the  collector,  that  he  will  render  to  said  collector  or  his 
deputy  an  account,  on  oath,  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  person  shall  refuse  to  give  such  bond,  the 
said  collector  or  his  deputy-  shall  not  be  obliged  to  grant  him  a  permit, 
anything  in  this  act  to  the  contrary  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  per- 
mit are  subject  to  ;  or  if  such  i)erson  shall  give  bond  as  aforesaid,  and 
shall  leave  the  province  before  such  bond  be  discharged,  the  collector 
ma}'  bring  his  action  on  said  bond  against  the  surety  or  sureties,  for  the 
recovery  of  the  sum  in  such  bond  mentioned,  which  shall  be,  one  third 
for  the  use  of  the  prosecutor,  the  other  two  thirds  for  the  use  of  this 
government. 

Be  it  further  enacted, 

[Sect.  44.]  That  no  person  shall  l)e  exempted  from  an}'  military 
duty  b}'  means  or  on  account  of  his  being  appointed  a  deputy  collector 
of  the  duties  of  excise  of  spirituous  liquors,  but  shall,  to  all  intents 
and  purposes,  l:>e  liable  to  train,  be  im])ressed  and  perform  eveiy  other 
military  dut}',  as  if  such  person  had  not  been  appointed  a  deputy  col- 
lector as  aforesaid. 

Be  it  farther  enacted, 

[Sect.  45.]  That  all  persons  who  took  out  permits  in  the  preceed- 
ing  year,  and  do  not  renew  the  same,  shall,  at  the  end  of  each  half- 
year  from  and  after  the  twenty-sixth  day  of  March  next,  and  until  the 
twenty-sixth  day  of  March,  one  thousand  seven  hundred  and  sixty- 
two,  render  to  the  collector  or  his  deput}'  that  shall  or  may  be  appointed 
in  tlie  respective  counties  by  vertue  of  this  act,  an  account,  on  oath,  of 
all  liquors  remaining  in  their  hands  and  consumed  in  his,  her  or  their 


[3d  Sess.] 


Pbovince  Laws. — 1759-60. 


317 


families  during  the  continuance  of  this  act,  and  pay  the  duties  herein 
imposed,  deducting  ten  per  cent  for  leakage,  upon  penalty  of  fifteen 
pounds,  one  half  to  the  informer,  the  other  half  to  and  for  the  use  of 
this  province. 

Be  it  further  enacted, 

[Sect.  46.]  That  CA^erj'  person  that  hath  been  or  may  be  appointed 
collector  of  the  duties  aforesaid,  who  shall  import  into  this  province,  or 
shall  have  by  consignment  or  otherwise,  or  shall  sell  or  dispose  of  any 
wine,  rum  or  spirits  distilled,  limes,  lemmons  or  oranges,  or  shall  use 
or  consume  the  same,  such  collector  shall  take,  keep  and  render  a  like 
account  thereof,  upon  oath,  to  the  province  treasurer  (who  is  hereby 
impowered  to  administer  the  same  in  the  form  by  this  act  prescribed) , 
and  pay  to  him  the  like  duties  thereon  as  such  person  so  appointed 
collector  would  otherwise  have  been  held  and  obliged  to  have  taken, 
kept,  rendered  and  paid  to  the  collector  of  the  duties  aforesaid  ;  and 
that  the  same  be  done  in  like  manner  and  time,  and  under  the  like 
pains  and  penalties,  as  by  this  act  in  such  cases  is  provided. 

Be  it  farther  enacted, 

[Sect.  47.]  That  all  fines,  penalties  and  forfeitures  arising  or 
accruing  b}'  any  breach  of  this  act,  and  not  otherwise  appropriated, 
shall  be  two  thirds  to  his  majesty,  for  the  use  of  this  government,  and 
the  other  third  for  the  use  of  the  prosecutor ;  to  be  recovered  by  action 
or  information  in  any  of  his  majesty's  courts  of  record.  \_Passed  Feb- 
ruary 13  ;  published  February  14,  1760. 


Collector  of  tho 
duties  of  excise 
to  account  for 
all  wine,  &c., 
sold  or  con- 
sumed by  tbem. 


How  fines,  &c., 
arising  by  this 
act  to  be  dis- 
posed  of. 


318 


Peovlnce  Laws.— 1759-60.  [Chap.  29.J 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Nineteenth  day  of  March,  A.D.  1760. 


CHAPTER    29. 


Selectmen  of 
each  town  to 
take  a  list  of 
persons  liable  to 
serve  as  petit 
jurors,  &c.,  and 
lay  the  same  be- 
fore their  towns, 
at  a  meeting 
called  for  that 
purpose. 
1756-57,  chap. 
13. 

6  Gray,  265. 
121  Mass.,  79. 


Bald  list  to  be 
carried  into  the 
meeting,  and  aa 
many  names 
drawn  out  by 
the  town  clerk 
or  selectmen  as 
there  shall  be 
occasiou  for. 


Persons  to 
serve  on  juries 
but  once  in 
three  years. 


AN  ACT  FOR  THE  BETTER  REGULATING  THE  CHOICE  OF  PETIT  JURORS. 

Be  it  enacted  by  the  Governo\^u']r,  Council  and  House  of  Represen- 
tatives, 

[Sect.  1.]  That  the  selectmen  of  each  town  within  this  province 
shall,  within  their  respective  towns,  some  time  before  the  tenth  day  of 
April  next,  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  lay  the 
same  before  the  town,  at  a  meeting  in  Ma}'  next  to  be  called  for  that 
purpose;  and  the  towns  shall,  respectivel.y,  at  such  m[eei*]ing  select 
out  of  the  hst,  one-quarter  of  the  number  so  laid  before  them,  such  as 
they  judge  most  suitable  to  serve  as  jurors  at  the  superiour  court  of  judi- 
cature, court  of  assize  and  general  goal  delivery,  and  put  their  names, 
written  on  sep[o][a]rate  pieces  of  paper,  in  one  box;  and  the  re- 
mainder 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  pro- 
vided by  the  selectmen  for  that  purpose,  and  deliver  the  same  to  the 
town  clerk,  to  be  by  him  kept  under  lock  and  key. 

And  he  it  further  enacted, 

[Sect.  2.]  That  when,  at  any  time  after  the  first  day  of  June  next, 
during  the  continuance  of  this  act,  any  venire  facias  shall  issue  forth 
for  the  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  in  the  presence  of  the  major  part  of  the 
selectmen  (who  are  hereby  enjo[i][?/]ned  to  be  present),  and  the  con- 
stable 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. 

[Sect.  3.]  And  to  the  intent  the  same  persons  may  not  serve  too 
often,  the  clerk  or  selectmen  who  shall  draw  the  ticket  or  name  of  any 
person  returned  to  serve  as  aforesaid,  shall  enter  on  the  back  thereof 

*  Parchnjent  mutilated. 


[4th  Sess.]  Province  Laws.— 1759-60.  319 

the  date  of  such  draft,  and  returu  the  same  into  the  box  again,  and 
said  person  or  persons  shall  not  be  obliged  (altho'  drawn  at  any  time) 
to  serve  as  jui'ors  oftner  than  once  in  three  3'ears  ;  and  no  person  who 
has  served  as  a  petit  juror  within  two  years  past  shall  be  obliged  to 
serve  again  until  three  3'ears  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  3'ear,  during  the  conUnuance  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  b}'  them  allowed,  shall  be  put 
into  their  respective  boxes  in  manner  as  aforesaid  ;  and  as  well  that  all 
may  do  duty,  as  that  the  deficiency  that  may  have  happen['][e]d  b}' 
death,  or  otherwise,  ma}'  be  supplied  at  such  time,  the  town  may,  if 
the}'  think  fit,  make  a  new  regulation  of  the  list  before  received,  and 
ti'ansfer  the  names  from  one  box  to  another,  as  they  judge  needful. 

And  tvhereas  it  often  happens  that  the  persons  returned  to  serve  as  Preamble, 
petit  jurors  abscond,  and  the  respective  constables  are  put  to  great 
difficulty,  and  frequentlj'  i^revented  from  notifying  them,  — 

Be  it  farther  enacted, 

[Sect.  5.]  That,  from  and  after  the  first  day  of  June  next,  and  Rules  for  noufi- 
during  the  continuance  of  this  act,  the  clerks  of  the  respective  courts  ing°en'i>f«.'^*'^" 
in  this  province,  shall,  and  hereby  are  obliged  to,  issue  out  their 
venires,  from  their  respective  *  offices,  thirt}'  da3's,  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  meetings  may  be  held  six  daN's,  at  least,  before  the  sitting  of 
the  court  from  Avhence  the  venire  issues  ;  and  the  constables  are  hereby 
directed,  in  case  they  cannot  personall}'  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  da}  s  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  fngasj'urars" 
made  to  the  justices  of  the  respective  courts,  he  shall  be  fined  in  a  sum 
not  exceeding  thirty  shillings  ;  and  if  such  jurors  belong  to  the  town  of 
Boston,  they  shall  be  fined  in  a  sum  not  exceeding  ten  pounds,  for  the 
superiour  court  only,  to  be  divided  between  the  petit  jurors  drawn,  as 
aforesaid,  and  serving  at  such  court. 

And  be  it  farther  enacted, 

[Sect.  7.]  That  the  justices  of  the  respective  courts  aforesaid  are  Method  for  pre- 
hereby  directed,  upon  motion  from  either  party  in  any  cause  that  shall  Jujwsf  ^^"^^^'^ 
be  tried  after  the  tirst  day  of  June  next,  and  during  the  continuance  of 
this  act,  to  put  any  juror  to  answer  upon  oath  (whether  returned  as 
aforesaid  or  as  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  hath  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. 

And  whereas  it  frequently  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  jui'ors,  the  number  of  returned  jurors  are  too  few  to  serve  at  said 
court ;  for  remedy  whereof,  — 

*  Only  one  skin  of  the  engrossment  of  this  act,  ending  with  this  word,  is  pre- 
served. It  bears  no  mark  of  having  been  sealed,  although  the  date  of  publication 
is  endorsed  upon  it. 


320 


Province  Laws. — 1759-60. 


[Chap.  30.] 


New  venirtu  to 
be  issued,  ia 
case. 


Preamble. 

1756-57,  chap. 
13,  §  10. 


Choice  and  re- 
turn, &c.,  made 
In  conformity  to 
the  act  of  the 
thirtieth  year  of 
the  present 
reign,  to  be  good 
and  valid. 


Limitation. 


Be  it  enacted  f 

[Sect.  8.]  That  from  and  after  the  fii-st  day  of  June  next,  and 
during  the  continuance  of  this  act,  it  shall  and  may  be  lawful  for  the 
justices  of  the  courts  aforesaid,  when  sitting,  and  as  they  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 
count}'  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  attendance  immediately,  under  the  penalt}'  by 
this  act  provided  for  non-appearance  of  jurors. 

A7id  whereas,  notwithstanding  the  expiration  of  the  time  limited  for 
continuing  an  act  made  and  passed  in  the  thirtieth  year  of  his  majesty's 
reign,  intituled  "An  Act  for  the  better  regulating  the  choice  of  petit 
jurors,"  sundiy  towns  have  conformed  tliemselves  thereto,  — 

Be  it  enacted, 

[Sect.  9.]  That  the  choices  and  returns  of  petit  jurors  already 
made,  or  which  hereafter  ma}^  be  made  before  the  commencement  of 
this  act,  by  such  towns,  in  conformity  to  the  act  made  and  passed  in 
the  thirtieth  3'ear  of  his  majest^-'s  reign,  and  the  verdicts  given  b}'  such 
jurors  upon  causes  to  them  committed,  together  with  all  processes  and 
judgments  alread}^  had  and  entered  thereupon  in  any  court  or  courts  of 
law,  or  which  hereafter  ma}'  be,  are  hereby  held  and  adjudged  good  and 
valid,  and  are  hereby  confirmed,  notwithstanding  the  discontinuance  of 
the  said  act  made  and  pass'd  in  the  thii'tieth  year  of  said  reign. 

[Sect.  10.]  This  act  to  continue  and  be  in  force  from  the  said  first 
day  of  May  next,  until  the  last  day  of  March,  which  will  be  in  the  year 
of  our  Lord  one  thousand  seven  hundred  and  sixty-seven.  \_Passed 
and  published  March  29,  1760. 


CHAPTEK    30. 

AN  ACT  FOR  THE  PREVENTION  OF  DANGER  AND  INCONVENIENCE  IN 
REBUILDING  THAT  PART  OF  THE  TOWN  OF  BOSTON  THAT  WAS 
LATELY  CONSUMED  BY  FIRE. 


Preamble. 
12  Allen,  233. 


Names  of  the 
persons  author- 
ized and  ap- 
pointed to  lay 
out  new  streets 
or  lanes,  and  to 
widen,  alter  or 
discontinue  the 
same,  &c. 


How  persons 
who  have  their 
lands  taken 
away,  or  other- 


Whereas,  by  the  late  desolating  fires  in  the  present  year  of  his  maj- 
esty's reign,  a  great  number  of  buildings  in  the  town  of  Boston  have 
been  demohshed,  and  a  large  tract  laid  waste  ;  to  promote  the  building 
thereof  in  the  most  safe  and  commodious  manner, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  Thomas  Hutchinson,  John  Osborne,  Jacob  Wen- 
dell, Samuel  Watts,  Andrew  Oliver,  Joseph  Pynchon,  Stephen  Sewall, 
John  Erving,  James  Bowdoin,  Thomas  Hancock  and  Thomas  Hub- 
bard, Esquires,  members  of  his  majesty's  council,  together  with  the 
present  selectmen  of  the  town  of  Boston,  be  and  hereby  are  fully  au- 
thorized and  impowered  to  lay  out  any  new  streets  or  lanes,  in  such 
places  and  of  such  breadth  and  length  as  they  shall  think  proper,  within 
the  limits  of  the  tract  so  laid  waste  as  aforesaid,  and  to  widen,  ascer- 
tain, alter  and  discontinue  any  streets  or  lanes  heretofore  laid  out 
within  the  same  limits.  And  any  person  or  persons  that  shall  have 
their  land  taken  away  or  lessened,  or  be  otherwise  injured  thereby, 
shall  and  may  recover  the  damages  by  them  sustained,  agreeable  to  the 


[4th  Sess.] 


Province  Laws. — 1759-60. 


321 


directions  of  an  act  made  in  the  fourtli  yeav  of  the  reign  of  King  Wil-  wise  injured, 
liam  and  Queen  Mary,  intituled  "  An  Act  for  building  with  stone  and  l^gl-QS.'^chap. 
brick  in  the  town  of  Boston,  and  preventing  fire."  13. 

And  be  it  further  enacted, 

[Sect.  2.]  That  no  person  shall  erect,  build  or  rebuild  any  house, 
barn,  shop  or  other  building  whatever,  before  the  twentieth  day  of 
June  next,  within  the  limits  aforesaid,  without  leave  first  obtained  of 
the  said  members  of  the  council  and  the  selectmen,  or  the  major  part 
of  the  whole,  being  met  together,  in  writing,  under  their  hands,  and 
unless  the  same  be  placed  on  such  spot,  and  be  of  such  kind,  dimen- 
sions and  fabrick,  as  the  said  members  of  the  council  and  the  select- 
men, or  the  major  part  of  the  whole,  shall  allow  and  approve  of. 

[Sect.  3.]  And  every  house  or  other  building  erected  or  rebuilt 
contrar}'  to  the  true  intent  of  this  act  shall  be  deemed  a  nusance. 
And  the  said  members  of  the  council  and  the  selectmen,  or  the  major 
part  of  the  whole,  are  hereby-  authorized  and  impowred  to  prostrate 
and  remove  the  same,  and  dispose  of  so  much  of  the  materials  thereof 
as  shall  be  necessary-  to  defre}'  the  cxpence  of  prostrating  and  remov- 
ing the  same.     \_Passed  and  published  March  29,  1760. 


CHAPTER    31. 

AN   ACT   FOR   FURTHER   REGULATING    THE    PARTITION    OF    REAL    ES- 
TATES. 


Whereas  the  justices  of  the  superio[?t]r  court,  in  certain  cases,  and 
the  judges  of  probate,  in  certain  cases,  are  by  law  im|)owercd  to  appoint 
five  freeholders  to  make  partition  of  real  estates  ;  and  tvhereas  it  is 
found  unnecessary  for  so  great  a  number  to  be  appointed  where  the 
estate  to  be  divided  is  but  of  small  value, — 

Be  it  therefore  enacted  by  the  Gover7io[^u^r,  Council  and  House  of 
Representatives, 

[Sect.  1.]  That  for  the  future  it  shall  and  may  be  lawful  for  the 
justices  of  the  superio[«]r  court  and  [the]  judges  of  probate,  respec- 
tively, to  appoint  either  three  freeholders  or  five,  to  make  partition  of 
real  estates,  according  to  the  circumstances  of  the  estate  to  be  divided 
and  as  such  justices  or  judges  of  probate  in  their  discretion  shall  think 
proper. 

And  whereas  it  sometimes  happens  that  the  estate  to  be  divided  con- 
sists of  such  distinct  tenements,  and  under  such  peculiar  circumstances, 
as  that  an  exact  partition  thereof  cannot  be  made  to  each  of  the  par- 
ties according  to  his  shai'e  in  the  whole  estate,  without  making  such 
fractional [1]  division  of  a  messuage,  tract  of  land,  or  other  tenement, 
as  would  be  extremely  prejudicial  to  the  interested  therein ;  for  preven- 
tion whereof,  — 

Be  it  further  enacted, 

[Sect.  2.]  That  when  any  messuage,  tract  of  land,  or  other  tene- 
ment shall  be  of  greater  value  than  either  party's  purpart  or  share  in 
the  estate  to  be  divided,  and  cannot  at  the  same  time  be  subdivided, 
or  part  thereof  assigned  to  one,  and  part  to  another,  without  great  in- 
convenience, the  same  may  be  settled  on  one  of  the  parties,  not  being  a 
minor,  he  pajdng,  for  owelty  of  partition,  or,  to  make  a  just  and  equita- 
ble partition,  such  sum  or  sums  to  such  part}'  or  parties  as,  b}-  means 
thereof,  have  less  than  their  share  of  the  real  estate,  as  said  dividers 
shall  award  ;  and  the  part  so  assigned  shall  stand  charged  for  the  pay- 
ment thereof.     \_Passed  and  published  March  29,  1760. 


Preamble. 

1692-3,  chap.  14, 

§1. 

1742-13,  chap. 

24. 

1748-49,  chap. 

12. 


Justices  of  the 
superior  court, 
and  judges  of 
probate,  respec- 
tively, to  ap- 
point free- 
holders to  make 
partition  of 
real  estates. 


Where  lands. 
&c.,  cannot  bo 
subdivided,  may 
be  settled  on 
one  of  the  par- 
ties not  being  a 
minor. 


322 


PBOvmcE  Laws. — 1759-60. 


[Chap.  32.] 


CHAPTEK    32. 


Inhabitants  of 
the  town  of 
Weymouth  to 
determine  and 
order  how,  in 
what  manner, 
&c.,  said  Ash 
may  be  taken 
and  disposed  of. 


Penalty  for 
offending 
against  this  act. 


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

Preamble.  "Whereas  the  town  of  Wevmouth,  in  the  county  of  Suffolk,  have 

been  at  considerable  expence  and  charge  iu  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  which 
purpose, — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That,  from  and  after  the  publication  of  this  act,  it  shall 
and  tiiay  be  lawful  for  the  inhabitants  of  the  said  town  of  Weymouth, 
at  a  meeting  regularl3'  assembled  for  that  purpose,  from  time  to  time, 
during  the  continuance  of  tliis  act,  to  determine  and  order  how,  in  what 
manner,  by  whom,  and  what  place  or  places,  time  or  times  in  the  3''ear, 
the  said  fish  ma^-  be  taken  within  the  town  aforesaid,  and  shall  cause  a 
copy  of  such  order,  attested  by  the  town  clerk,  to  be  posted  up  in  some 
publick  place  in  said  town  of  Weymouth,  whereunto  all  persons  shall 
conform,  with  respect  to  the  taking  and  disposing  of  said  fish,  on  pen- 
alty that  the  off'ender  against  the  same  shall  forfeit  and  pay  the  sum  of 
ten  shiUings  for  each  offence,  to  be  recovered,  before  any  justice  of  the 
peace,  by  the  treasurer  of  the  town  of  Weymouth,  and  applied,  the  one 
moiety  to  the  use  of  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  suppl}'  during  the  usual  season,  and  give  publick  notice  on 
or  before  the  twentieth  day  of  April  next,  and,  for  the  future,  on  or 
before  the  first  day  of  April,  annually,  of  time,  place,  person  or  per- 
sons, by  which  they  are  to  be  supplied  ;  and  for  such  fish,  so  supplied 
and  delivered,  that  the  said  town  of  We3mouth,  or  those  emplo^'ed  by 
them,  shall  demand  or  receive  no  more  than  one  shilling  per  hundred 
for  alewives,  and  six  shilUngs  per  hundred  for  shadd,  and  so  iu  propor- 
tion for  a  greater  or  lesser  quantity. 

And  provided,  also,  — 

[Sect.  3.]  That  if  the  person  or  persons  appointed  by  the  said 
town  of  We3'mouth  for  the  purpose  aforesaid  shall  neglect  or  refuse 
that  service,  upon  application  of  an3'  two  or  more  persons  aggrieved,  to 
the  two  next  justices  in  the  neighbouring  towns,  the3'  may  appoint  one 
or  more  meet  person  or  persons,  which  shall  be  subject  to  the  general 
orders  of  said  town  respecting  the  fisher3'  aforesaid  ;  and  who  shall  give 
sufficient  security,  to  the  acceptance  of  the  aforesaid  justices,  to  render 
and  pa3'  to  the  treasurer  of  the  said  town  of  We3mouth  the  full  produce 
of  his  or  their  fishing,  at  the  rates  aforesaid,  after  a  reasonable  deduc- 
tion being  made  at  the  discretion  of  the  justices  aforesaid,  for  the  said 
Ijerson  or  persons'  time  and  labour  therein :  saving,  always,  to  the  In- 
dians, the  right  of  fishing  in  the  ponds  aforesaid  and  the  water-passages 
leading  thereto. 
Liraiution.  [Sect.  4.]     TMs  act  to  continue  and  be  in  force  for  the  space  of  five 

3-ears  from  the  publication  thereof,  and  no  longer.     [_Passed  and  pub- 
lished March  29,  1760. 


ProvlBO. 


Persons  ap- 
pointed as  afore- 
said, to  give 
security. 


[4th  Sess.] 


Province  Laws. — 1759-60. 


323 


CHAPTER    33. 


AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  ON  THE  MEADOWS  LYING 
IN  THE  TOWNSHIP  OF  YARMOUTH,  CALLED  NOBSCUSSETT  MEADOW.* 

Whereas  many  persons  frequently  drive  numbers  of  neat  cattle, 
horses,  sheep  and  swine  to  feed  upon  the  beaches  and  shores  adjoining 
to  Nobscussett  meadow,  in  Yarmouth,  between  said  meadow  and  the 
harbour,  wherebj^  the  ground  is  much  broken  and  damnified,  and  the 
sand  blown  on  said  meadow  and  lands  adjoining,  to  the  great  damage, 
not  only  of  private  persons,  in  their  property,  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  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  from  and  after  the  last  day  of  March  instant,  no 
person  or  persons  shall  presume  to  turn  or  drive  any  neat  cattle,  or  horse- 
kind,  or  sheep,  or  swine,  to  or  upon  any  of  the  beaches,  meadows  or 
shores  at  said  Nobscussett,  south  of  an  east  and  west  line  from  Fox  Hill, 
so-called,  to  the  seashore,  and  so  to  the  extent  of  the  meadows  and 
beaches  aforesaid  in  said  Yarmouth,  from  the  first  day  of  March  to  the 
last  of  November,  annually-,  upon  the  penalty  of  ten  shillings  a  head  for 
neat  cattle,  horses  or  mares,  and  one  shilling  for  each  sheep  and  swine, 
that  shall  be  turned  and  found  on  said  beaches,  meadows  or  shores, 
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. 

Ayid  he  it  further  enacted, 

[Sect.  2.]  That  if  any  neat  cattle,  or  horse-kind,  or  sheep,  or  swine, 
shall,  at  any  time  hereafter,  be  found  feeding  on  the  said  beaches, 
meadows  or  shores,  south  of  an  east  and  west  line  from  Fox  Hill  to  the 
seashore  aforesaid,  that  it  shall  and  may  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  Yarmouth 
and  the  two  next  adjoining  towns  ;  and  the  impounder  shall  relieve  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  six- 
pence for  each  sheep  and  swine,  and  the  reasonable  costs  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  damage  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,  to  pay  the  costs  and 
charges  arising  about  the  same  (public  notice  of  the  time  and  place 
of  such  sale  to  be  given  in  the  said  town  of  Yarmouth  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,  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  engrossment  of  this  act  being  lost,  it  is  here  printed  from  the  printed  ses- 
sions-acts. There  are  unimportant  literal  differences  between  this  impression  and 
that  of  the  edition  of  temporary  acts,  of  1763. 


Preamble. 

1749-50,  chap. 

15. 

1754-55,  chau. 

29. 


Persons  forbid- 
den to  drive 
cattle,  &c.,  on 
the  beaches, 
meadow  or 
shores  at  Nob- 
Bcusset,  within 
certain  limits. 


Cattle  to  be 
impounded,  in 


Cattle  to  be 
sold, in  case. 


324 


Province  Laws. — 1759-60.  [Chap.  34.] 


Officers  to  be 
chosen  to  see 
this  act  carried 
into  execution. 


Proviso. 


Limitation. 


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. 

Be  it  further  enacted  ^ 

[Sect.  3.]  That  the  said  town  of  Yarmouth,  at  their  meeting  in 
March,  annually,  for  the  choice  of  town  officers,  be  authorized  and  impow- 
ered  to  chuse  one  or  more  meet  person  or  persons,  whose  duty  it  shall 
be  to  see  this  act  obser\ed,  and  to  prosecute  the  breakers  thereof,  and 
who  shall  be  sworn  to  the  faithful  discharge  of  their  office.  And  in  case 
an}'  person  so  chosen  shall  refuse  to  be  sworn,  he  shall  forfeit  and  pay, 
for  the  use  of  the  poor  of  said  town  of  Yarmouth,  the  sum  of  fort}'^ 
shillings  ;  and  upon  such  refusal  said  town  from  time  to  time  to  pro- 
ceed to  a  new  choice  of  such  officer  or  officers. 

Provided^  nevertheless,  arid  it  is  hereby  declared,  — 

[Sect.  4.]  That  this  act  shall  not  be  construed  so  as  to  restrain 
an}^  person  or  persons  on  the  whaling  or  fishing  business,  from  turning 
their  horses  on  the  piece  of  common  near  said  meadows,  in  case  the}' 
confine  such  horses  to  the  said  common. 

[Sect.  5.]  This  act  to  continue  and  be  in  force  until  the  last  day 
of  March,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
seventy,  and  no  longer.     \_Passed  and  x)uhU shed  March  29,  1760. 


CHAPTER    34. 


AN  ACT  FOR  REVIVING  AND  CONTINUING  SUNDRY   LAWS,  THAT  ARE 
EXPIRED  AND  NEAR  EXPIRING. 


Sundry  laws 
revived  and 
continued. 

1738-39,  chap. 
25. 

1740-41,  chap. 
20. 

1741-42,  chap. 
14. 


1742-43,  ch.  16. 
1742-43,  ch.  20. 


1742-43,  ch.  27. 
1742-43,  ch.  19. 
1743-44,  ch.  23. 


1746-47,  ch.  10. 
1746-47,  ch.  11. 
1746-47,  ch.  17. 

1746-47,  ch.  18. 
1748-49,  ch.  13. 


1751-52,  ch.  19. 


Whereas  the  several  acts  hereinafter  mentioned,  which  are  now 
expired  or  near  expiring,  have  been  found  useful  and  beneficial ; 
viz'*^.,  an  act  made  in  the  twelfth  j'ear  of  his  present  majestj-'s 
reign,  intit[ri]led  "An  Act  to  prevent  the  unnecessary  journeying  of 
the  members  of  the  General  Court;"  an  act  made  in  the  fourteenth 
year  of  his  present  majesty's  reign,  intit[M]led  "  An  Act  for  explana- 
tion of  and  supplement  to  the  Act  referring  to  the  poor,  &c."  ;  an 
act  made  in  the  fifteenth  3'ear  of  his  present  majesty's  reign,  inti- 
t[w]led  "  An  Act  to  retrench  the  extraordinary  expence  at  funerals  "  ; 
four  acts  made  in  the  sixteenth  year  of  his  present  majestj-'s  reign  ; 
one,  intit[?t]led  "  An  Act  for  making  more  effectual  an  act  intit[w]led 
*•  An  Act  for  regulating  the  militia'  "  ;  another,  intit[M]led  '-An  Act 
in  addition  to  the  several  acts  for  regulating  the  assize  of  cask,  and 
preventing  deceit  in  the  packing  of  fish,  beef  and  pork  for  sale"; 
another,  intit[w]led  "An  Act  to  prevent  gaming  for  money  or  other 
gain";  the  other,  intit[w]Ied  "An  Act  to  prevent  unnecessary  law- 
suits "  ;  an  act  made  in  the  eighteenth  year  of  his  present  majesty's 
reign,  intit[it]led  "An  Act  to  prevent  unnecessary  expence  in  suits  at 
law";  four  acts  made  in  the  twentieth  3ear  of  his  present  majesty's 
reign,  one  intit[M]lcd  "  An  Act  in  further  addition  to  an  act  for  high- 
ways "  ;  another,  intit[«]led  "An  Act  to  prevent  the  firing  of  guns 
charged  with  shot[^]  or  ball  in  the  town  of  Boston  "  ;  another,  intit[M31ed 
"  An  Act  more  effectually  to  prevent  profane  cursing  and  swearing  "  ; 
the  other,  intit[M]led  "An  Act  to  enable  the  proprietors  of  private 
ways  to  repair  them  in  an  equal  manner  "  ;  an  act  made  in  the  twent}'- 
second  year  of  his  present  majest3''s  reign,  intit[it]led  "An  Act  to 
prevent  damage  being  done  on  the  beach  and  meadows  in  Plymouth, 
adjoining  to  said  beach,  commonly  known  b}'  the  name  of  Pl3'mouth 
Beach"  ;  an  act  made  in  the  twent3'-fourth  3ear  of  his  present  maj- 


[4th  Sess.]  Province  Laws. — 1759-60. 


325 


1756-57,  chap. 
32. 


esty's  reign,  intit[w]lecl  "  An  Act  to  impower  the  proprietors  of  the 
meeting-house  in  the  first  parish  in  Salem,  where  the  Rev.  Mr.  John 
Sparhawk  now  officiates,  and  also  the  proprietors  of  the  meeting-house 
in  the  third  parish  in  Newbury,  where  the  Rev.  Mr.  John  Lowell  oflSci- 
ates,  to  raise  monej-  for  defrejnng  ministerial  and  other  necessary 
charges "  ;  and  likewise  an  act  made  in  the  thirtieth  year  of  his 
present  majestj-'s  reign,  intit[w]led  "An  Act  for  preventing  the 
unnecessary  destruction  of  ale  wives  in  the  town  of  Sandwich  "  :  — 

Be  it  therefore  enacted  by  the  Governo[\\\r^  Council  and  House  of 
Representatives^ 

That  such  of  the  before-mentioned  acts  as  are  expired,  with  all  and   Revived  and 
every  article,  clause,  matter  and  thing  therein  respectively  contained,  be  M°"h"!»^i770 
and  here b}^  are  revived,  and  shall  be  in  force  from  the  twentj^-ninth  day  '       '# 

of  March,  one  thousand  seven  hundred  and  sixt}',  to  the  twenty-ninth 
day  of  March,  one  thousand  seven  hundred  and  seventy' ;  and  such  of 
said  acts  as  are  near  expiring  are  hereb}^  continued,  and  shall  be  in 
force  till  the  said  twenty-ninth  da}'  of  March,  one  thousand  seven  hun- 
dred and  seventy',  and  no  longer.  \_Passed  and  publisJied  March  29, 
1760. 


326 


Province  Laws.— 1769-60.  [Chap.  35.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Sixteenth  day  of  April,  A.D.  1760. 


CHAPTEK    35. 


Preamble. 

1750-51,  chap. 
14. 


Caleb  CuBhing, 
Esq.,  &c.,  em- 
powered to  eet 
up  and  carry  on 
a  lottery  in 
Newbury. 


AN  ACT  IN  addition  TO  AN  ACT,  INTITULED  "  AN  ACT  FOR  RAISING 
THE  SUM  OF  TWELVE  HUNDRED  POUNDS  BY  LOTTERY,  FOR  BUILD- 
ING AND  MAINTAINING  A  BRIDGE  OVER  THE  RIVER  PARKER,  IN 
THE  TOWN  OF  NEWBURY,  AT  THE  PLACE  CALLED  OLDTOWN  FERRY." 

Whereas,  in  pursuance  of  an  act  made  and  passed  in  the  twenty- 
fourth  year  of  his  present  Majesty's  reign,  intituled  "  An  Act  for  rais- 
ing the  sura  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  Old  town  Ferry,"  the  bridge  aforesaid  has  been 
built,  and  now  is  compleated  ;  and  whereas  it  appears,  on  the  represen- 
tation of  Daniel  Farnham,  Esq.,  one  of  the  persons  appointed  by  the 
same  act  to  set  up  and  carry  on  the  lotter}'  and  build  the  bridge  afore- 
said, that  the  cost  of  building  the  said  bridge,  and  carrj'ing  on  the  said 
lottery,  amounts  to  the  sum  of  four  hundred  and  seventy-eight  pounds 
eighteen  shillings  and  fourpence  more  than  what  was  allowed  to  be 
raised  b}^  the  act  aforesaid  ;  and  he  humbly  prays  that  the  said  sum  of 
four  hundred  and  seventy-eight  pounds  eighteen  shillings  and  four- 
pence  may  be  raised  by  another  lottery,  together  with  such  additional 
sum  as  shall  be  needful  to  prosecute  the  same,  under  the  direction  of 
persons  appointed  b}^  this  government ;  and  whereas  Thomas  Berry, 
Esq.,  one  of  the  persons  appointed  to  conduct  the  former  lotterj^,  is 
since  dead,  and  John  Greenleafe,  Joseph  Gerrish  and  Joseph  Atkins, 
Esqrs.,  three  of  the  other  persons,  b}'  reason  of  age  and  weakness 
decline  the  service  aforesaid,  and  prayihat  other  suitable  persons  may 
be  appointed  in  their  room  and  stead ;  and  the  further  sum  of  six  hun- 
dred pounds  being  thought  needful  for  the  purposes  aforesaid,  — 

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

That  Caleb  Gushing,  Esq.,  Joseph  Gen-ish,  jun.,  Esq.,  William  At- 
kins, Esq.,  and  Mr.  Patrick  Tracey,  merchant,  together  with  the  afore- 
said Daniel  Farnham,  Esq.,  or  any  three  of  them,  be  and  hereby  are 
impowered  to  set  up  and  carry  on  a  lottery  within  the  said  town  of 
Newbury,  amounting  to  such  a  sum  as,  b}'  deducting  ten  per  cent  out 
of  each  prize,  the}^  may  thereby  raise  the  said  sum  of  six  hundred 
pounds,  for  defreying  the  charges  alreaay  arisen  on  the  account  of 
buildii)^  the  bridge  aforesaid,  and  the  necessary  charges  of  managing 
and  pi'osecuting  the  lotteries  aforesaid  ;  and  upon  a  just  settlement  of 
the  expences  and  charges  relative  thereto,  the  residue,  if  any  there 
shall  be,  to  be  applied  towards  maintaining  and  repairing  the  same 
bridge  as  occasion  shall  require  :  and  the  said  Daniel  Farnham,  Caleb 


[5th  Sess.]  Province  Laws. — 1759-60. 


327 


dishing,  Joseph  Gerrish,  jun.,  and  WilUam  Atkins,  Esqrs.,  and  the 
said  Patrick  Trace}',  or  anj-  three  of  them,  are  hereby  impowered  to 
make  all  necessary  rules  and  orders  for  the  regular  proceeding  there- 
in ;  and  the}'  shall  be  sworn  to  the  faithful  discharge  of  the  trust  afore- 
said, and  shall  be  answerable  to  the  purchasers  and  drawers  of  the 
tickets,  for  an}'  deficiency  or  misconduct ;  and  the  money  thus  raised 
shall  be  applyed  to  the  uses  and  purposes  aforesaid  ;  and  they,  or  any 
three  of  them,  are  also  hereby  impowered  to  adjust  and  settle 'accounts 
with  the  former  managers  as  aforesaid.  \_Passed  and  published  April 
28,  1760. 


CHAPTEK    36. 

AN  ACT  FOR  RAISING  A  SUM  OF  MONEY  BY  LOTTERY,  FOR  REMOVING 
THE  ROCKS  AND  SHOALS  IN  TAUNTON  GREAT  RIVER,  AND  THERE- 
BY TO  RENDER  THE  NAVIGATION  IN  SAID  RIVER  MORE  EASY  AND 
LESS  HAZARDOUS. 


Whereas  the  navigation  in  Taunton  Great  River,  between  [the]  Ware 
Bridge  and  Rocky  Point,  is  much  obstructed  and  straitned  by  reason 
of  diverse  rocks  and  shoals  in  said  river,  and  vessels  are  often  sunk  by 
run[n]ing  on  the  rocks  between  the  said  bridge  and  Rocky  Point,  to  the 
great  prejudice  not  only  of  trade  in  general,  but  to  those  particular 
persons  who  have  occasion  to  transport  their  lumber  and  other  com- 
modities up  and  down  said  river  for  a  market ;  to  the  end,  therefore, 
that  those  obstructions  may  be  removed,  and  the  navigation  in  said 
river  rendered  more  easy  and  less  hazardous,  — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  James  Williams,  Esq'^''^,  Captain  George  Williams, 
Mr.  Robert  Luscomb  and  Mr.  John  Adams,  all  of  Taunton,  and  Mr. 
Stephen  Burt  of  Berkley,  or  any  three  of  them,  be  and  hereby  are 
impowered  to  set  up  and  carry  on  one  or  more  lottery  or  lotteries, 
amounting  in  the  whole  to  such  a  sum  as,  by  drawing  or  deducting  ten 
per  cent  out  of  the  same,  may  raise  three  hundred  and  fifty  pounds,  and 
no  more  ;  and  that  the  said  sum  of  three  hundred  and  fifty  pounds, 
raised  by  the  deduction  aforesaid,  be,  by  the  persons  above  named, 
paid  to  Messieurs  James  Walker,  Israel  Tisdale  and  Stephen  Macom- 
ber,  a  committee  appointed  for  the  purposes  in  this  act  mentioned, 
within  ten  days  after  the  sale  of  the  tickets  of  said  lottery  shall  be 
compleated,  taking  their  receipt  for  the  same  ;  or,  if  the  persons  first 
above  named  shall  think  fit  to  raise  said  sum  of  three  hundred  and 
fifty  pounds  by  more  lotteries  than  one,  then  the  money  raised  by  each 
lottery,  by  the  deduction  aforesaid,  shall,  within  tea  days  after  the 
tickets  of  each  lottery,  respectiveh",  are  sold,  be  paid  by  them  to  the 
committee  aforesaid,  or  the  major  part  of  them. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  persons  aforesaid  first  mentioned,  or  any  three 
of  them,  be  and  they  hereby  are  declared  to  be  the  managers  or  direct- 
ors 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. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  said  managers  or  directors,  with  all  convenient 
speed,  after  the  sale  of  the  tickets  of  each  lottery,  shall  make  prepara- 
tion for  drawing  the  same,  and  shall  give  notice  in  the  publick  prints, 


Preamble. 


James  Wil- 
liams, Esq.,  aud 
others,  allowed 
and  empowered 
to  set  up  and 
carry  on  one  or 
more  lotteries 
for  removing  the 
rocks  and 
shoals  in  Taun- 
ton Great  River. 


Any  three  of 
them  may  be 
managers  or 
directors. 


Said  managers 
to  dispote  of  the 
tickets,  make 
preparation  for 


328 


Province  Laws.— 1759-60.  [Chap.  36.] 


the  drawing, 
and  to  give  pub- 
lic notice. 
Managers  di- 
rected in  their 
proceedings. 


Benefit-tickets 
to  be  paid  off  by 
the  managers 
■within  twenty 
days  after 
drawing. 


Owners  of  bene- 

flt-ticliets  not 
applying  for 
their  money  in 
one  year,  in 
case,  shall  not 
be  entitled  to 
the  same. 


Managers,  &c., 
to  be  on  oath. 


Managers  to 
keep  account  of 
the  time  of  their 
attendance,  &c. 


Managers  to  re- 
ceive accounts 
of  the  charge, 
and  order 
payment. 


Said  lotteries  to 
be  finished  in  a 
limited  time. 


Committee  for 


of  the  time  and  place  of  drawing,  at  least  ten  days  before  the  drawing 
begins,  that  any  of  the  adventurers,  if  they  think  fit,  may  be  present 
at  the  drawing ;  and  as  soon  as  may  be  after  drawing  of  each  lot- 
tery, the  said  managers  shall  cause  a  list  of  the  benefit-tickets,  express- 
ing the  number  and  value  of  each  of  them,  to  be  printed  in  one  of  the 
publick  newspapers ;  at  the  same  time  notifying  the  owners  of  such 
benefit-tickets  of  the  time  and  place  when  and  where  they  may  apply 
for  the  paj'ment  of  such  tickets ;  and  if  any  dispute  shall  aiise  about 
the  property  of  any  of  the  said  benefit-tickets,  the  major  part  of  the 
managers  shall  determine  to  whom  it  doth  or  ought  to  belong. 
And  be  it  further  enacted^ 

[Sect.  4.]  That  the  said  benefit-tickets  shall  be  paid  ofi"  by  the 
managers  aforesaid  within  twenty  days  after  the  drawing  of  each  lot- 
tery is  finished,  upon  application  of  the  owner  or  owners  of  such  tick- 
ets, and  deliveiing  them  up  to  be  cancelled  ;  and  to  secure  the  pa3ment 
of  such  benefit-tickets  to  the  owner  or  owners  of  them,  the  said  man- 
agers and  their  estates,  are  hereby  held  and  subjected  to  satisfy  and 
make  good  the  same,  in  like  manner  as  they  and  their  estates  are  sub- 
jected by  law  to  satisfy'  and  make  good  their  own  proper  debts. 

And  he  it  further  enacted, 

[Sect.  5.]  That  if  the  owner  or  owners  of  any  benefit-tickets 
shall,  for  the  space  of  one  j'ear  after  the  drawing  aforesaid,  neglect  to 
apply  for  the  pa^-ment  of  such  ticket  or  tickets,  unless  he,  she  or  they 
shall  have  been  at  sea,  or  out  of  the  province,  for  that  term  of  time  (and 
to  such  person  eighteen  months  shall  be  allowed  to  produce  their  tick- 
ets), he,  she  or  they  shall  not  be  intitled  to  receive  the  same,  but  such 
ticket  and  tickets  are  hereby  declared  to  be  cancelled  and  of  no  value  ; 
and  the  money  in  the  hands  of  said  managers,  which  was  to  have  been 
applied  to  the  payment  of  such  tickets,  shall,  after  the  expiration  of 
the  term  aforesaid,  be  paid  to  the  province  treasurer  for  the  use  of  the 
province. 

And  he  it  further  enacted, 

[Sect.  6.]  That  each  manager  aforesaid,  before  his  acting  in  the 
capacity  of  manager,  shall  take  an  oath  for  the  faithful  execution  of 
the  trust  reposed  in  him  by  v[i][e]rtue  of  this  act;  and  every  person 
employed  about  each  lottery  shall  take  an  oath  for  the  faithful  perform- 
ance of  his  trust,  which  last  oath  maj'  be  adrainistred  by  any  one  of 
the  managers,  who  are  hereb}'  impowered  to  administer  the  same. 

And  he  it  further  enacted, 

[Sect.  7.]  That  the  managers  aforesaid  shall  keep  a  particular 
account  of  the  da^-s  of  their  attendance  upon  the  service  aforesaid, 
and  for  each  whole  day's  attendance  shall  be  allowed  the  sum  of  four 
shillings  per  day,  the  same  to  be  paid  b}^  the  committee  aforesaid,  or 
the  major  part  of  them,  out  of  the  monies  raised  b}^  virtue  of  this  act : 
provided,  that  no  more  than  three  of  the  managers  aforesaid  shall  be 
intitled  to  such  allowance  for  one  and  the  same  da3^ 

And  he  it  farther  enacted, 

[Sect.  8.]  That  the  managers  aforesaid,  after  each  lottery  shall  be 
finished,  shall  receive  the  accounts  of  all  charges  arisen  thereon,  and, 
having  found  them  just,  shall  certify  the  same  upon  said  accounts,  to 
the  said  committee,  or  the  major  part  of  them,  who  are  hereby  directed 
to  pay  the  same  out  of  the  monies  aforesaid. 

And  he  it  further  enacted, 

[Sect.  9.]  That  the  lottery  or  lotteries  aforesaid  shall  be  wholly 
compleated  and  finished  within  eighteen  months  from  the  first  day  of 
October,  one  thousand  seven  hundred  and  sixty. 

And  he  it  further  enactecb, 

[Sect.   10.]     That   the    said    James   Walker,    Israel    Tisdale    and 


[5th  Sess.]  Province  Laws.— 1759-60.  329 

Stephen  Macomber  are  hereby  declared  to  be  the  committee  for  receiv-  receiving 
ing  of  the  said  managers  the  monies  raised  by  virtue  of  this  act,  and  ™*^®y*- 
for  applying  the  same  in  the  best  manner  they  can  for  the  purposes  in 
this  act  mentioned. 

And  be  it  further  enacted, 

[Sect.  11.]     That  the  committee  aforesaid,  or  the  major  part  of  Committee 
them,  shall  and  they  hereby  are  directed  to  apply  the  money,  from  time   atmiyft^"^*** 
to  time,  as  the^'ma}'  receive  it  from  the  managers  of  the  lotteries  afore-  moneys, 
said   (saving  so  much  as  shall  be  sufficient  to  defre}'  the  necessary 
charges  of  said  lotteries),  for  the  removing  of  the  rocks  and  shoals 
aforesaid  in  said  Taunton  River,  between  the  Ware  Bridge  and  Rocky 
Point  aforesaid,  in  the  best  and  most  frugal  manner  the}'  can,  and  to 
render  an  account  of  their  proceedings  therein  to  this  court  when  re- 
quired. 

And  be  it  further  enacted, 

[Sect.  12.]     That  if  the  sum  raised  by  virtue  of  this  act  shall  be  in  case  of  a  sur- 
more  than  sufficient  to  pay  the  charges  of  the  lotteries  aforesaid,  and   theTam'e^hrii 
pay  the  committee   aforesaid  for  their  necessary  services  in  applying  be  disposed  of. 
the  raone}'  by  them  received  for  the  purposes  before  mentioned,  the 
surplusage  shall  be  bj-  them  paid  into  the  province  treasury  for  the  use 
of  the  pro\ince. 

And  be  it  further  enacted, 

[vSect.   13.]     That  if  any  person  shall  forge  or  counterfeit  any  ticket  Penalty  for  per. 
or  tickets  to  be  made  in  consequence  of  this  act,  or  alter  an}'  of  the  or°counte/feu^ 
numbers  thereof,  or  utter,  vend,  barter  or  dispose  of  any  false,  altered,   tickets,  &c. 
forged  or  counterfeit  ticket  or  tickets,  or  bring  such  ticket  or  tickets, 
knowing  the  same  to  be  such,  t->  the  said  directors,  or  any  of  them, 
or  to  an}'  other  person,  with  a  fraudulent  intent,  every  such  person  or 
persons,  being  thereof  convicted  in  due  form  of  law,  shall  suffer  such 
pains  and  penalties  as  are  by  law  provided  in  cases  of  forgery. 

[Sect.  14.]  And  the  said  managers  or  directors,  or  any  two  of 
them,  are  hereby  authorized  and  impowered  to  cause  any  person  or 
persons  bringing  or  uttering  such  false,  forged,  altered  or  counterfeit 
ticket  or  tickets,  as  aforesaid,  to  be  apprehended  and  committed  to  close 
goal,  to  be  proceeded  against  according  to  law.  \_Passed  April  24* ; 
published  April  28,  1760. 


CHAPTER    37. 

AN  ACT  FOR  RAISING  A  SUM  OF  MONEY,  BY  A  LOTTERY  OR  LOT- 
TERIES, FOR  THE  PAVING  AND  REPAIRING  THE  HIGHWAY  IN 
CHARLESTOWN,  LEADING  FROM  THE  FERRY  TO  THE  NECK,  SO 
CALLED. 

Whereas  the  highway  in  the  town  of  Charlestown,  leading  from  the  Preamble, 
ferry  to  the  neck,  so  called,  by  reason  of  the  gi-eat  number  of  waggons 
and  other  heavy  carriages  passing  over  it,  and  being  for  the  most  part 
extremely  founderous,  miry  and  bad,  is  frequently  out  of  repair,  not- 
withstanding the  great  cost  and  expence  the  town  of  Charlestown  has 
been  yearly  at  for  repairing  the  same  ;  and  ivhereas  the  paving  of  the 
same  highway  is  the  most  effectual  method  of  repairing  and  keeping 
the  same  in  good  order  and  condition,  and  will  require  a  considerable 
sum  of  money  to  effect  it ;  for  the  raising  whereof,  — 

•  April  28,  according  to  the  record. 


330 


Province  Laws. — 1759-60.  [Chap.  37.] 


James  Russell, 
Esq.,  and 
others,  allowed 
and  empowered 
to  set  up  and 
carry  on  one  or 
more  lotteries 
for  paving  and 
repairing 
Charlestown 
highway. 


Any  three  of 
them  may  be 
managers  or 
directors. 


Said  managers 
to  dispose  of  the 
tickets,  make 
preparation  for 
the  drawing, 
and  to  give 
public  notice. 


Managers  di- 
rected in  their 
proceedings. 


Benefit-tickets 
to  be  paid  oflFby 
the  managers 
within  twenty 


Be  it  enacted  hy  the  Governour,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  James  Russell,  Esq^''^.,  Mess[ie?«]rs  Caleb  Call, 
Isaac  Foster,  Nathan [i]  [a] el  Rand,  David  Newall,  Samuel  Kent  and 
Jabez  Whittemore,  or  any  three  of  them,  be  and  hereb}-  are  allowed 
and  impowered  to  set  up  and  carry  on  one  or  more  lottery  or  lotteries, 
amounting  in  the  whole  to  such  a  sum  as,  b}'  drawing  or  deducting  ten 
per  cent  out  of  the  same,  or  out  of  each  prize-  or  benefit-ticket,  may 
raise  the  sum  of  eighteen  hundred  pounds,  and  no  more  ;  and  that  the 
said  sum  of  eighteen  hundred  pounds,  raised  by  the  deduction  aforesaid, 
be,  by  the  persons  above  named,  paid  to  the  town  treasurer  of  Charles- 
town  aforesaid,  within  ten  da^'s  after  the  sale  of  the  tickets  of  said 
lottery  shall  be  compleated ;  or,  if  the  persons  aforesaid  shall  think  fit 
to  raise  said  sum  of  eighteen  hundred  pounds  by  more  lotteries  than 
one,  then  the  money  raised  by  each  lottery,  b}'  the  deduction  aforesaid, 
shall,  within  ten  da3's  after  the  tickets  of  each  letter}-,  rcspectivel}-,  are 
sold,  be  paid  by  them  to  the  treasurer  aforesaid  ;  which  sum  of  eighteen 
hundred  pounds,  or  whatcA-er  part  thereof  shall  be  so  raised,  shall  be 
applied  towards  the  paving  and  repairing  the  highway  aforesaid :  sav- 
ing so  much  of  said  sum  as  sliall  be  sufficient  to  defr[a][e]3'  the  neces- 
sar}'  charges  of  the  lotteiy  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  the}'  are  hereby  declared  to  be  the  managers  or  directors  of  each 
and  every  of  the  said  lottery  or  lotteries,  and  are  hereby  impow[e]red 
to  make  all  necessary  rules,  and  use  all  necessary  methods,  to  manage 
and  direct  the  same,  till  the  whole  shall  be  fully  compleated  and  fin- 
ished. 

And  he  it  further  enacted^ 

[Sect.  3.]  That  the  said  managers  or  directors,  with  all  convenient 
speed,  after  the  sale  of  the  tickets  of  said  lottery,  or  of  each  lottery, 
respectivel}',  shall  make  preparation  for  the  drawing  the  same,  and 
shall  give  notice  in  the  publick  prints,  of  the  time  and  place  of  drawing, 
at  least  ten  da3's  before  the  said  drawling  begins,  that  any  of  the 
adventurers,  if  they  think  tit,  may  be  present  at  the  drawing ;  and 
after  the  said  drawing  commences,  they,  the  said  managers,  may 
adjourn  from  da}"  to  da}-,  till  the  whole  number  of  tickets  of  each  lot- 
tery, 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 
to  be  made,  a  fair  entry,  in  a  book  provided  for  that  purpose,  of  all  the 
tickets  so  drawn,  and  of  the  blanks  and  prizes  drawn  answering  to  said 
tickets  ;  and  within  ten  days  after  the  drawing  of  each  lottery,  respec- 
tively, shall  be  finished,  they  shall  cause  a  list  of  the  benefit-tickets, 
expressing  the  number  and  the  amount  of  each  of  them,  to  be  printed 
in  the  publick  newspapers,  at  the  same  time,  in  the  said  newspapers, 
notifying  the  owners  of  such  benefit-tickets  of  the  time  and  place  when 
and  where  they  may  apply  for  the  payment  of  such  tickets  ;  and  if 
any  contention  or  dispute  shall  arise  in  adjusting  the  property  of  any 
of  the  said  benefit-tickets,  the  major  part  of  the  managers  shall  deter- 
mine to  w^hom  it  doth  or  ought  to  belong. 

And  be  it  furthev  enacted, 

[Sect.  .5.]  That  the  said  benefit-tickets  shall  be  paid  off  by  the 
managers  aforesaid  within  twenty  days  after  the  drawing  of  each  lot- 
tery, respectively,  is  finished,  upon  application  of  the  owner  or  owners 


[5th  Sess.] 


Province  Laws. — 1759-60. 


331 


days  after 
drawing. 


Owners  of  bene- 
fit-tickets not 
applying  for 
their  money  in 
one  year,  in 
case,  shall  not 
be  entitled  to 
the  same. 


of  such  tickets,  and  delivering  them  up  to  be  cancelled  ;  and  to  secure 
the  payment  of  such  benefit-tickets  to  the  owner  or  owners  of  them, 
the  said  managers  or  directors,  and  their  estates,  are  hereby  held  and 
subjected  to  satisfj^  and  make  good  the  same,  iu  like  manner  as  they  and 
their  estates  are  subjected  by  law  to  satisfy  and  make  good  theu'  own 
proper  debts :  x>rovided^  that  if  the  monej'  in  said  manager's  hands 
shall  be  lost  by  fire,  or  an}'  other  extraordinarj^  or  unavoidable  accident, 
the  said  managers  and  their  estates  shall  not  be  so  held  and  subjected. 

And  be  it  further  enacted, 

[Sect.  6,]  That  if  the  owner  or  owners  of  any  benefit-ticket  or  tickets 
shall,  for  the  space  of  one  year  after  the  drawing  aforesaid,  neglect  to 
appl}-  for  the  pa3'ment  of  such  ticket  or  tickets,  unless  he,  she  or  they 
shall  have  been  at  sea  and  out  of  the  province  for  that  term  of  time 
(and  to  such  persons  eighteen  months  shall  be  allowed  to  produce  their 
tickets) ,  he,  she  or  they  shall  not  be  entitled  to  receive  the  same,  but  such 
ticket  and  tickets  are  hereb}'  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  pa3'ment  of  such  tickets,  shall,  after  the  expiration  of 
the  term  aforesaid,  be  immediately  paid  to  the  town  treasurer  of  said 
Charlestown.  for  repairing  and  keeping  in  repair  the  highway  aforesaid. 

And  he  it  farther  enacted^ 

[Sect.  7.]  That  each  manager  or  director  aforesaid,  before  his  act- 
ing in  the  capacity  of  manager  or  director,  as  aforesaid,  shall  take  the 
following  oath  ;   \\z^^^.  :  — 

I,  A.  B.,  do  swear  that  I  will  faithfully  execute  the  trust  reposed  in  me,  Form  of 
and  that  I  will  not  use  any  indirect  act  or  means  to  obtain  a  prize-  or  benefit-  °^»n»8er's  oath, 
lot  for  myseK  or  any  other  person  whomsoever,  and  that  I  will  do  the  utmost 
of  my  endeavoui-  to  prevent  any  undue  or  sinister  practice  to  be  done  by  any 
person  whomsoever,  and  that  I  will,  to  the  best  of  my  judgment,  declare  to 
whom  any  prize-lot  or  ticket  does  of  riglit  belong,  according  to  the  true 
intent  and  meaning  of  the  act  of  this  province,  made  in  the  thirty-third  year 
of  his  majesty's  reign,  [e][i]ntituled  "  An  Act  for  raising  a  siun  of  money,  by  a 
lottery  or  lotteries,  for  the  paving  and  repairing  the  highway  in  Charlestown, 
leading  from  the  ferry  to  the  neck,  so  called."     So  help  me  God. 

—  which  oath  shall  be  administred  by  any  justice  of  the  peace  in  the 
county  of  Middlesex  ;  and  ever}'  person  or  persons  employed  about  the 
lotteiy  or  lotteries  aforesaid,  b}'  the  directors  aforesaid,  shall  take  an 
oath  for  the  faithful  performance  of  his  trust,  to  be  administred  by 
an}-  one  or  more  of  the  directors  aforesaid,  who  are  hereby  impow[e3red 
to  administer  the  same. 

And  he  it  farther  enacted, 

[Sect.  8.]  That  if  the  whole  number  of  tickets  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  Charlestown,  if 
they  think  fit,  to  take  the  remainder  of  said  tickets,  undisposed  of  as 
aforesaid,  to  their  OAvn  account :  provided,  that  within  one  month  after 
the  publick  meeting  of  said  town,  to  be  called  for  that  purpose,  a  sum 
of  money  be  raised  and  paid  to  the  directors  aforesaid,  sufficient  to 
purchase  the  remainder  of  said  tickets,  which  shall  in  that  case  be  deliv- 
ered to  such  person  or  persons  as  the  said  town  shall  appoint  to  re- 
ceive the  same  ;  but  if  the  whole  of  said  tickets  cannot  be  sold  within 
the  term  of  six  months  aforesaid,  and  the  town  aforesaid  refuse  to  take 
the  tickets  remaining  unsold  as  aforesaid,  th[a][e]n  the  money  re- 
ceived by  the  said  directors,  for  the  tickets  sold,  shall  be  by  them 
returned  to  the  owners  of  said  tickets,  upon  their  delivering  up  their 
tickets  to  the  said  directors,  and  the  charges  arisen  shall  be  defreyed 
by  the  said  town  of  Charlestown :  provided,  nevertheless,  that  the  said   proviso. 


All  persons  em- 
ployed about 
the  lotteries  to 
be  on  oath. 


In  case  the 
whole  number 
of  tickets  in 
each  lottery 
shall  not  be  sold 
in  six  months 
after  the  publi- 
cation of  the 
scheme,  the 
town  of  Charles- 
town may  take 
the  remainder 
to  their  own 
account,  pro- 
vided. 


332 


Province  Laws. — 1759-60. 


[Chap.  37.] 


In  case  of  a  sur- 
plusage, how 
the  same  shall 
be  disposed  of. 


Penalty  for  per- 
sons who  fovge 
or  counterfeit 
tickets,  &c. 


Managers  to 
keep  account  of 
the  time  of  their 
attendance,  and 
exhibit  the  same 
to  the  town. 


Managers  to 
receive  accounta 
of  charge,  and 
order  payment. 


Selectmen  to 
contract  for  the 
work  and 
materials,  &c. 


managers  shall  not  hereby  be  prohibited  from  carrying  on  said  lottery 
or  lotteries  at  any  other  time  which  they  may  judge  suitable  and  con- 
venient for  the  same. 

And  be  it  further  enacted, 

[Sect.  9.]  That  if  the  sum  raised  by  means  of  this  act  shall  be 
more  than  sufficient  to  pave  and  repair  the  highway  aforesaid,  and 
defrey  the  charges  of  the  lottery  or  lotteries  aforesaid,  and  pay  the 
managers  aforesaid  for  their  services,  as  hereinafter  expressed,  the  sur- 
plusage shall  be  applied  towards  the  paving  or  repairing  of  such  street 
or  streets  or  highways  in  the  town  of  Charlestown,  as  the  said  town 
shall  direct. 

And  be  it  farther  enacted, 

[Sect.  10.]  That  if  any  person  shall  forge  or  counterfeit  au}^  ticket 
or  tickets,  to  be  made  in  consequence  of  this  act,  or  alter  any  of  the 
numbei's  thereof,  or  utter,  vend,  barter  or  dispose  of  any  false,  altered, 
forged  or  counterfeit  ticket  or  tickets,  or  bring  such  ticket  or  tickets, 
knowing  the  same  to  be  such,  to  the  said  directors,  or  an}'  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  be  punished  b}* 
imprisonment,  b}'  being  publickly  whipped,  or  by  being  set  in  the  pil- 
loiy,  at  the  discretion  of  the  court  before  whom  the  conviction  shall 
be,  according  to  the  nature  and  aggravations  of  the  offence. 

[Sect.  11.]  And  the  said  managers  or  directors,  or  an}' two  of 
them,  are  hereby  authorized  and  impow[e]red  to  cause  any  person  or 
persons  bringing  out  or  uttering  such  false,  altered,  forged  or  counter- 
feit ticket  or  tickets,  as  aforesaid,  to  be  apprehended  and  committed  to 
close  goal,  to  be  proceeded  against  according  to  law. 

And  be  it  further  enacted, 

[Sect.  12.]  That  the  directors  or  managers  aforesaid  shall  keep  a 
particular  account  of  the  days  of  their  attendance  upon  the  service 
aforesaid,  and  for  each  daj's  attendance  shall  be  allowed  the  sum  of 
six  shillings,  the  same  not  to  be  paid  out  of  the  monies  raised  by  virtue 
of  this  act,  unless  there  be  a  sufficiency  for  the  purposes  aforesaid,  and 
for  the  payment  of  such  their  allowances  ;  and,  in  case  of  a  sufflcienc}*, 
the}^  shall  exhibit  an  account  of  their  attendance  aforesaid  before  a 
publick  meeting  of  the  town  aforesaid,  which  account,  being  examined 
and  found  just,  shall  be  paid  b}'  the  town  ti-easui-er  aforesaid,  upon  tlie 
order  of  the  said  town  ;  but  in  case  there  shall  not  be  a  sufficiency,  the 
town  aforesaid  shall  make  provision  for  the  pa3'ment  of  such  manager's 
allowance  aforesaid  :  provided,  that  no  more  than  three  managers  afore- 
said shall  be  intitled  to  such  allowance  for  one  and  the  same  day. 

And  be  it  farther  enacted, 

[Sect.  13.]  That  the  managers  or  directors  aforesaid,  after  the  said 
lottery,  or  each  of  the  said  lotteries,  respective!}',  is  finished,  shall  re- 
ceive the  accounts  of  all  charges  arisen  thereon,  and,  having  found  them 
just,  shall  certif}"  the  same  upon  said  accounts,  and  direct  the  town 
treasurer  aforesaid  to  pay  them  off  and  discharge  them. 

And  be  it  further  enacted, 

[Sect.  14.]  That  the  selectmen  of  the  town  of  Charlestown  afore- 
said, for  the  time  being,  shall  contract  and  agree  for  the  paving  and 
repairing  the  highway  aforesaid,  and  for  the  materials  and  labour 
necessary  to  do  the  same,  at  money  price,  and  shall  draw  on  the  town 
treasurer  aforesaid  for  the  payment  thereof;  and,  when  the  said  paving 
and  repairs  are  finished,  they  shall  exhibit  a  particular  account  of  the 
cost  of  the  same,  and  lay  it  before  the  town  aforesaid  at  one  of  their 
publick  iTfieetings,  in  order  to  be  put  on  file  with  their  other  papers. 
\Passed  April  24  ;  published  April  28,  1760. 


[5th  Sess.]  Province  Laws.— 1759-60.  333 


CHAPTER    38. 

AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  ON  A  BEACH  AT  MONU- 
MENT PONDS,  IN  THE  TOWNSHIP  OF  PLYMOUTH,  LYING  BETWEEN 
THE  LANDS  OF  THE  LATE  THOMAS  CLARK  AND  JOSEPH  BARTLET, 
DECEASED,  AND  ON  A  CERTAIN  TRACT  OF  MARSHY  GROUND  LYING 
UNDER  WATER  THERE. 

Whereas  cattle  for  jears  past  have  been  suffered  to  feed  on  said  preamble, 
beach,  b}'  which  means  it  has  been  greatly  lowered,  and  the  saud  of  the 
same  blown  into  a  brook  adjoining  (which  issues  out  of  a  fresh  pond, 
into  which  quantities  of  alewives  formerly  used  to  pass  to  cast  their 
spawn),  as  also  on  a  great  part  of  said  meadow,  thereby  preventing  the 
fish  passing  up  to  spawn,  and  occasioning  the  overflowing  of  said 
meadow,  to  the  damage  of  the  proprietors  of  the  said  lands  and  to  the 
publick,  — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives, 

[Sect.   1.]     That  from  and  after  the  tenth  daj'  of  May  next,  the-  Powers  gTanted 
proprietors  of  said  beach  and  marsh  shall  have  full  power,  at  any  meet-   to/s'of^said"^" 
ing  b}'  them  called,  to  agree  upon  lowering  and  keeping  down  the  afore-   beach  and 
said  brook,  as,  b^'  a  major  vote  of  said  propriety  at  an}-  such  meeting,    "^^^ 
they  shall  think  proper ;  and  that  the  charges  arising  b}'  the  same  shall 
be  borne  from  time  to  time  I)y  each  proprietor,  in  proportion  to  their 
respective  interests. 

And  he  it  further  enacted, 

[Sect.  2.]     That  no  person  or  persons  shall  presume    to   turn   or  Penalty  for 
drive  any  neat  cattle,  horse-kind  or  sheep  upon  the  aforesaid  beach,  or  catue"horae- 
meadow  adjoining,  on  the  penalt}'  of  ten  shillings  per  head  for  neat  kind  or  sheep, 
cattle  or  horses,  and  three  shillings  for  each  sheep,  so  turned  or  found  meadow .^*°^  *'*' 
upon  said  beach  or  meadow  ;  which  penalty  shall  be  recovered  by  any 
person  that  shall  inform  or  sue  for  the  same,  one  half  of  the  forfeiture 
to  him  or  them  that  shall  inform  or  sue  for  the  same,  the  other  half  for 
the  use  of  the  said  proprietors. 

jhid  he  it  further  enacted, 

[Sect.  3.]  That  if  any  neat  cattle,  horse-kind  or  sheep  shall  at  any  Cattietobe 
time  be  found  feeding  on  said  beach  or  meadow,  it  shall  be  lawful  for  1™ case!*^^*^* 
an}'  person  to  impound  the  same,  immediatel}*  giving  notice  to  the 
owner  or  owners  of  the  same  if  known,  otherwise  to  give  publick 
notice  thei'eof  in  the  town  of  Pl3-mouth  aforesaid  ;  and  the  impounder 
shall  rel[ei]  [/e]ve  said  creatures  with  suitable  meat  and  water  while 
impounded  ;  and  if  the  owner  thereof  appear,  he  shall  pa}'  two  shillings 
and  sixpence  for  each  neat  beast  or  horse-kind,  and  eightpence  for 
each  sheep,  and  the  reasonable  cost  of  rel[ei][ie]ving  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  every  such  case  the  person  or  persons  impounding  such  cattie,  &c.,  to 
cattle,  horse-kind  or  sheep,  shall  cause  the  same  to  be  sold  at  publick  be  sold,  in  case, 
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  PI [i][?/] mouth,  and  the  two  neighbouring  towns,  forty-eight  hours 
before  the  sale)  ;  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  two  months,  then 
the  said  overplus  shall  be  one  half  to  the  person  impounding,  and  the 
other  half  to  the  use  of  the  said  proprietors. 


334 


Province  Laws.— 1759-60.  [Chap.  39.] 


ProTlflO. 


Limitation. 


Provided,  — 

[Sect.  4.]  That  nothing  in  this  act  shall  be  construed  to  prevent 
the  owners  of  said  beach  and  meadow  from  granting  liberty  to  any  of 
their  propriety'  to  allow  anj^  of  the  cattle,  horse-kind  or  sheep  of  the 
said  proprietors  to  go  upon  said  beach  or  meadow,  as  they  shall  order 
at  any  of  their  legal  meetings. 

[Sect.  5.]  This  act  to  continue  and  be  in  force  for  the  space  of 
seven  years  from  the  tenth  day  of  May  next,  and  no  longer.  \_Passed 
and  published  April  28,  1760. 


CHAPTER    39. 

AN  ACT  FOR  ERECTING  THE  WESTERLY  PART  OF  THE  TOWN  OF 
BRIMFIELD,  IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  DISTRICT  BY 
THE   NAME   OF   MONSON. 

"Whereas  it  has  been  represented  to  this  court  that  the  inhabitants 
of  the  westerly  part  of  the  town  of  Brimfield,  in  the  county  of  Hampshire, 
labour  under  great  difficulties  by  reason  of  their  not  being  incorporated 
into  a  district,  and  praying  they  ma}'  be  so  erected,  — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  said  westerlj-  part  of  the  town  of  Brimfield  — 
beginning  at  the  ford-way  of  Cheekobee  River,  at  Benjamin  Colton's, 
the  westerl}'  side,  thence  running  a  direct  course  to  a  chesnut-tree  stand- 
ing a  little  northerly  of  a  house  belonging  to  the  heirs  of  Ezra  King, 
deceased  ;  thence  south,  eight  degrees  west,  to  the  southerly  line,  and  so 
extending  westerly,  on  the  colon}'  line,  to  Springfield  bounds ;  thence 
northerly,  to  the  country  road  that  goes  from  Boston  to  Springfield ; 
from  thence,  as  the  country'  road  runs,  to  the  bridge  that  crosses  said 
Cheekobee  River,  and  as  the  said  river  I'uns  to  the  place  first  mentioned 
—  be  and  hereby  is  set  off"  and  erected  into  a  seperate  district  by  the 
name  of  Monson  ;  and  that  the  inhabitants  thereof  do  the  duties  that 
are  required,  and  enjo}'  all  privileges  that  towns  do  or  b}'  law  ought  to 
enjo3%  in  this  province,  that  of  sending  a  representative  to  the  general 
assembly  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  Brimfield  in  the  choice  of  a  representative  or  representatives  (who 
may  be  chosen  either  in  the  town  or  district) ,  in  which  choice  they  shall 
enjoy  all  the  privileges  which  by  law  they  would  have  been  intitled  to  if 
this  act  had  not  been  made. 

Provided,  nevertheless,  — 

And  be  it  farther  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, 
in  like  manner  as  tho'  this  act  had  not  been  made. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  John  Sherman,  Esq^,  be  and  hereby  is  impowered 
to  issue  his  warrant,  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  oflficers  as  shall  be  neces- 
sary to  manage  the  aflSaii's  of  said  district.     \_Passed  April  28,  1760. 


[5th  Sess.]  Province  Laws. — 1759-60. 


335 


CHAPTER    40. 


AN    ACT    TO    SUPPLY    THE    TREASURY    WITH    FOUR    THOUSAND    FIVE 
HUNDRED    POUNDS. 

Whereas  this  court  have  agreed  to  raise  five  hundred  men  to  re-   Preamble. 
l[eij[ie]ve  so  manj'  of  those  in  the  pa}'  of  this  province  as  are  posted 
at  Louisbourg  and  Nova  Scotia ;  and  it  being  necessar}'  that  there  be 
a  sum  of  mone}'  immediately  borrowed  to  pay  said  men  such  bounty  as 
is  agreed  upon  and  voted  b}'  this  court,  — 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  the  treasurer  of  this  province  be  and  he  hereby  is  Treasurer  em- 
directed  and  impowered  to  borrow  the  sum  of  four  thousand  five  huu-  borrow'£4'5oo. 
dred  pounds,  in  Spanish  mill'd  dollars  at  six  shillings  each,  or  in  coined 
silver,  of  sterling  alloy,  at  six  shillings  and  eightpence  per  ounce  ;  and 
the  said  sum  of  four  thousand  five  hundred  pounds,  when  borrowed, 
shall  be  issued  b}'  the  governour  or  commander-in-chief,  by  and  with 
the  advice  of  the  council,  for  paying  said  bounty,  and  for  no  other  use 
whatever ;  and  in  case  there  be  a  surplus,  it  shall  remain  in  the  treas- 
ury for  the  further  order  of  this  court. 

And  for  the  sum  so  borrowed,  the  treasurer  shall  give  a  receipt  or 
note  in  the  form  following  :  — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  1760.    Formoftreas- 

Received  of  the  sum  of  ,  for   ""■■'»  "<=«ipt- 

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  ti'easurer,  to  repay  the  said  or  order,  the 

twentieth  day  of  June,  one  thousand  seven  hundred  and  sixty-four,  the 
aforesaid  sum  of  ,  in  coined  silver,  of  sterling  alloy, 

at  six  shillings  and  eightpence  per  ounce,  or  in  Spanish  mill'd  dollars,  at  six 
shillings  each,  with  interest,  annually,  at  the  rate  of  six  per  cent  per  annum. 

Witness  my  hand,  A.  B.,  Treasurer. 

— and  no  receipt  or  obligation  shall  be  given  for  less  than  six  pounds. 

And  to  enable  the  treasurer  to  discharge  the  obligations  b}'  him  given 
in  pursuance  of  this  net,  — 

Be  it  enacted, 

[Sect.  2.]  That  there  be  and  hereb}'  is  granted  to  his  most  excel-  Tax  of  £5,500, 
lent  majesty,  a  tax  of  five  thousand  and  five  hundred  pounds,  to  be  '°^^^' 
levied  on  polls  and  estates  within  this  province,  according  to  such 
[rolls]  [^rules']  and  in  such  proportions  as  shall  be  agreed  upon  and 
ordered  by  the  general  court  of  this  province  at  their  sessions  in  Ma}', 
one  thousand  seven  hundred  and  sixty-three,  and  before  the  twentieth 
day  of  June,  one  thousand  seven  hundred  and  sixt3'-three  ;  and  if  there 
should  be  a  surplus,  it  shall  remain  in  the  treasury  for  the  order  of  this 
Court. 

And  he  it  further  enacted^ 

[Sect.  3.]  That  in  case  the  general  court  shall  not,  by  the  twentieth  Rule  forappor. 
day  of  June,  one  thousand  seven  hundred  and  sixt3'-three,  agree  and  in°casf.'^^^ '^' 
conclude  upon  a  tax  act  to  draw  into  the  treasury  the  aforesaid  sum  of 
five  thousand  and  five  hundred  pounds,  by  the  thirty-first  day  of  March 
then  next  after,  that  then  the  treasurer  of  the  proAince  shall  issue  his 
"warrants,  directed  to  the  assessors  of  the  several  towns  and  districts 
within  this  province,  requiring  them,  respectively,  to  assess,  levy  and 
paj'  their  respective  proportions  of  said  sum,  according  to  the  propor- 
tions, rules  and  directions  of  the  then  last  preceeding  tax  act.  {^Passed 
and  puNished  April  28,  1760. 


336  Peovlnce  Laws.— 1759-60.  [Notes.] 

Notes. — There  were  five  sessions  of  the  General  Court  this  year.  In  the  heading 
of  the  record  of  the  fifth  session,  which  began  April  16,  1760,  it  is  called  the  fourth; 
but  to  treat  this  new  assembling  of  the  Court,  after  a  recess  of  two  weeks,  as  a 
continuation  of  the  fourth  session  would  be  neither  in  accordance  with  the  plan, 
adopted  in  this  edition,  nor  agreeable  to  the  practice  in  previous  years. 

The  engrossments  of  all  the  acts  of  the  first  session,  and  of  chapters  8, 10, 17, 18, 
19,  20,  25,  26,  27,  28,  30,  33,  35  and  39,  are  missing.  All  the  acts  of  this  year  were 
printed  (chapter  2  and  27  separately)  except  chapters  31  and  39.  The  latter  act  has 
been  here  restored  from  a  MS.  record  of  acts,  in  the  Secretary's  ofiice;  and  chapter 
27  is  here  printed  from  the  original  bill. 

The  acts  of  the  first  session  were  duly  certified  for  transmission,  September,  29, 
1759.  They  were  read  in  the  Board  of  Trade  January  22,  1760,  delivered  to  the 
clerlt  of  the  Privy  Council,  in  waiting,  February  4,  and  referred  to  the  committee, 
of  the  Council,  on  ]ilantation  affairs  February  6.  The  Committee  took  them  into 
consideration  February  20,  and  referred  them  back  to  the  Board  of  Trade  where 
they  were  read  March  11,  1760,  and  ''  referred  to  Sir  M.  Lamb  for  his  opinion  there- 
upon in  point  of  Law."  On  the  same  day  tlie  acts  of  th(!  second  session  were  laid 
before  the  Board,  wliere  they  were  read  and  ordered  to  I,e  "  delivered  to  the  clerk 
of  the  Privy  Council,  in  waiting,  to  be  laid  before  His  Majesty."  They  were 
received  by  the  clerk  of  the  Council  March  13,  and  immediately  referred  to  the 
committee,  of  the  Council,  on  plantation  affairs,  who,  on  the  same  day,  took  them 
into  consideration  and  referred  thein  ba:.'k  to  the  Board  of  Trade  to  examine  and 
report  &c.  They  seem  not  to  have  reached  the  Board  under  this  reference  until 
March  17,  and  were  there  road  on  the  tv/enty-first. 

The  acts  of  th',>.  third,  fourth  and  fifrli  sessioi.s  were  (certified  for  transmission, 
May  30,  1760,  delivered  to  the  clerk  of  the  Privy  Council,  in  waiting,  July  25,  and, 
on  the  12th  of  August,  referred  to  the  committee,  of  the  Privy  Council,  on  planta- 
tion affairs.  On  August  28,  they  were  taken  into  consideration  by  the  committee 
and  referred  to  the  Board  of  Trade  to  examine  and  report  &c.  The  Board  of 
Trade,  on  the  nineteenth  of  November  took  up  these  acts  and  the  order  referring 
them,  and  ordered  that  such  of  them  as  had  "  not  exj^ired  by  their  own  Limitation, 
be  referred  to  Sir  Matthew  Lamb  for  his  opinion  thereupon  in  point  of  Law."  Sir 
Matthew  Lamb's  report  is  dated  January  12,  17(31,  and  concludes  that,  upon  perusal 
and  consideration  of  chapters  15,  18,  I'.t,  20,  21,23,  24,  26,  28,  29,  30,  31,  32,  33,  34,  38 
and  39,  (cliapters  16,  17,  22,  25,  27,  35,  ;>(!,  37  and  40  having  expired  by  their  own  lim- 
itation) he  had  "  no  objections  thereto  in  point  of  law." 

This  report  and  the  acts  to  wliich  it  I'elated  were  taken  into  consideration  by  the 
Board  April  17,  1761,  when  it  was  ordered  that  a  draught  of  a  letter  to  the  Gov- 
ernor be  prepared  "  expressing  the  Board's  dissatisfaction  at  the  practice  which  has 
of  late  so  much  prevailed  in  that  Province,  of  raising  Monej'  for  tempory  and 
inconsiderable  Services  by  Lottery,"  (See  note  to  chap.  35,  'post.)  and  also  that 
chapter  26  be  further  considered  as  shown  in  the  note  to  that  chapter  posf. 

CJiap.  1.  "  April  24,  1760.  In  the  House  of  Representatives  Voted,  that  the  sum 
of  Two  hundred  pounds  be  granted  and  paid  out  of  the  Publick  Treasury  to  his 
Excellency  the  Governor  in  consideration  of  his  Services  in  the  Government  hith- 
erto, and  for  his  better  accommodation  in  his  passage  to  Great  Britain. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Council  Rec- 
ords, vol.  XXIII.,  p.  366. 

CJiap.  2.  "  Oct.  18,  1759.  A  Petition  of  Gershom  Crane  and  Others  Selectmen  of 
Berkley  Setting  forth  the  low  and  poor  circumstances  of  said  Town  and  Praying 
for  the  Remittance  of  a  Fine  of  Ten  pound  laid  upon  them  by  the  House  of  Repre- 
sentatives at  their  Session  in  May  last  for  not  sending  a  person  to  represent  them  in 
Court. 

In  the  House  of  Re])resentatives.  Read  and  Ordered  That  the  Prayer  of  this 
Petition  be  granted,  and  that  the  Fine  above  mentioned  for  not  sending  a  Repre- 
sentative be  remitted  accordingly. 

In  Council.  Read  and  Concurred.  Consented  to  by  the  Governor." — Council 
Records,  vol.  XXIII.,  p.  103. 

"Feb.  2,  1760.  A  Petition  of  Amos  Whitney  and  Others  Selectmen  of  Towns- 
hend  Setting  forth  the  smallness  and  poverty  of  said  Town  which  occasioned  their 
not  sending  a  Representative  to  the  Great  and  General  Court.  And  Praying  that 
the  Fine  laid  upon  them  for  such  Neglect  may  be  remitted. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Fine  abovemen- 
tioned  be  remitted,  and  that  the  Sum  of  Ten  pounds  be  allowed  and  paid  out  of 
the  Publick  Treasury  accordingly. 

In  Council.    Read  and  Concurred.    Consented  to  by  the  Governor." — Ibid,  p.  243. 

"  Feb.  7,  1760.  To  Amos  Whitney  and  others  Selectmen  of  Townshend  the  sum 
of  of  Ten  pounds  a  Remittance  of  a  fine  for  not  sending  a  Representative  to  the 
Great  and  General  Court  this  present  Year." — Executive  Records  of  the  Council,  vol. 
4,  p.  175. 

"  Feb.  9,  1760.  A  Petition  of  Moses  Farnum  and  others  of  the  People  called 
Quakers — Setting  forth.  That  the  sums  Assessed  on  them  in  consequence  of  a  Law 
of  the  Province  for  hiring  men  to  go  into  the  Service  the  last  Year  exceed  the  sums 
that  were  actually  disbursed  on  that  Account.  And  Praying  Relief. 

In  the  House  of  Representatives.  Ordered  That  the  Petitioners  serve  the  several 
Captains  therein  named  with  copies  of  tliis  Petition  that  they  make  Answer  to  the 
Articles  AUedged  against  them  in  said  Petition  on  the  first  Friday  of  the  next  Sit- 
ting of  this  Court;  and  that  the  constables  or  Collectors  to  whom  the  several  Lists 


[Notes.]  Peovince  Laws.— 1759-60.  337 

in  which  the  Quakers  referred  to  in  the  Petition  are  included,  be  directed  to  make 
no  distress  on  sucli  Quakers  'till  the  further  Order  of  this  Court. 

In  Council  Read  and  Concurred  Consented  to." — Council  Records,  vol.  XXIII., 
p.  264. 

"  Feb.  12,  1760.  A  Petition  of  Jonathan  Whitcomb  and  others  Selectmen  of 
Littleton— Setting  forth — That  in  April  last  one  Cornelius  Thayer  of  Boston  came 
to  dwell  with  one  Simon  Tuttle  of  Littleton  as  an  Apprentice,'that  the.  Selectmen 
Supposing  him  to  be  of  Age  rated  him  for  liis  Poll,  but  afterwards  finding  him  to 
be  under  Age,  and  a  Servant  to  said  Tuttle  tliey  erased  the  said  Servants  name, 
and  added  his  Poll  Tax  to  his  said  Masters  Rate,  And  Although  this  was  done 
without  Suspecting  themselves  of  doing  AVrong,  yet  as  some  illmimlcd  Persons 
would  take  Advantage  hereof,  and  refuse  paying  their  own  Tax  as  supposing  the 
whole  Bate  made  void  by  this  Alteration  Praying  that  the  same  may  be  Confirmed 
by  this  Court. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Prayer  of  the  Peti- 
tion be  so  far  granted  as  that  the  Tax  Bill  with  the  Alteration  mentioned  shall  be 
valid  to  all  Intents  and  Purposes.  And  the  Constable  is  hereby  impowered  to  col- 
lect the  Rates  accordingly. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor. 

In  the  House  of  Representatives  Whereas  a  Tax  was  laid  on  the  Quakers  in  the 
Several  Towns  within  this  Province  in  the  year  1759  in  order  to  raise  the  Quota  of 
Men  to  go  into  the  General  Service:  and  said  Tax  much  exceeds  the  sum  drawn 
out  of  the  Publick  Treasury  for  said  use  Complaint  also  being  made  by  some  of  the 
Members  of  the  Towns  in  this  Province  of  the  burthen  falling  on  them  in  conse- 
quence of  said  Tax.  Therefore  Voted  That  the  Constables  or  Collectors  in  such 
Towns  be  directed  to  make  no  distress  on  the  Quakers  in  said  Town  for  the  Tax  so 
laid  'till  the  next  Sitting  of  this  Court. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  269. 

"  March  21,  1760.  A  Petition  of  Moses  Farnum  and  Samuel  Aldrich  of  Uxbridge 
Praying  as  entered  the  9'1»  February  last.  In  Council  Read  again  together  with 
the  Answer  of  Cap'  Phiueas  Lovet,  and  Ordered  That  William  Brattle  and  Icha- 
bod  Plaisted  Esq"  with  such  as  the  honoural)le  House  shall  join  be  a  Committee  to 
take  the  same  under  Consideration  as  soon  as  may  be,  hear  the  Parties  and  rejiort. 

In  the  House  of  Representatives  Read  and  Concurred  and.  Cap'  Livermore, 
Major  Stockbridge  and  M'  Tyler  are  joined  in  the  Affair." — Ibid.,  p.  283. 

"March  28,  1760.  In  the  House  of  Representatives.  On  a  Motion  made  and 
seconded  Ordered  That  the  several  Collectors  in  the  Town  of  Boston  for  the 
Province  Tax  the  Year  past,  be  directed  not  to  distrein  for  the  sums  due  from  any 
of  the  Persons  whose  Dwellings  were  Consumed  in  the  late  terrible  Fire,  and  such 
others  as  have  lost  all  or  most  of  their  Substance  by  said  Fire  until  the  next  sitting 
of  this  Court  And  in  the  mean  time  the  Selectmen  of  Boston  be  directed  to  make 
an  Estimate  of  the  Losses  Sustained  by  said  Persons  as  near  as  may  be  and  lay  the 
same  before  this  Court  at  that  time. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  320. 

"  March  29,  1760.  In  the  House  of  Representatives.  Whereas  there  is  added  to 
the  last  Province  Tax  Act  for  the  County  of  Bristol  the  sum  of  £1389  13  4  said 
to  be  drawn  out  of  the  Province  Treasury  to  hire  Men  in  lieu  of  Quakers  for  the  late 
Expedition  against  Canada  and  it  Appears  to  this  Court  that  no  more  than  the  sum 
of  £497  6  4  was  actually  paid  by  the  Treasurer— Therefore  Voted  That  £661  13  4 
be  allowed  and  paid  out  of  the  Province  Treasury  for  the  respective  Towns  fol- 
lowing viz' 

Dartmouth £555    0    8 

Taunton 8  18    4 

Swanzey 80    5 

Freetown .        .        .        17  10 


£661  13  4 
And  the  sums  hereby  granted  be  abated  to  the  several  Persons  in  the  respective 
Towns  that  have  been  Assessed,  as  the  Selectmen  or  Assessors  shall  think  proper 
and  that  the  residuary  sura  of  Two  hundred  thirty  pounds  fourteen  shillings  be 
appropriated  to  the  uses  following  viz'  Twenty  eight  pounds  lor  satisfying  a  de- 
mand which  Cap'  Ebenezer  Willis  of  Dartmouth  hath  against  the  Quakers  for 
having  hired  Men  into  the  Publick  Service  in  their  stead  :  and  that  the  sum  of 
£202  14  rest  in  the  Treasury  for  the  further  order  of  the  Goverment,  being  the 
sum  the  said  Quakers  stand  chargeably  with  for  having  fell  short  of  their  proper 
Quota  of  Men  raised  for  the  Service  A :  D  1759. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  322. 

"April  24,  1760.  In  the  House  of  Representatives  Resolved  that  the  Assess- 
ments in  the  Town  of  Dartmouth  as  made  by  the  Assessors  of  said  Town  for 
the  Year  1759  with  the  abatement  of  the  Quakers  proportion  for  hiring  Men  for  the 
Service  in  lieu  of  Quakers  agreeable  to  a  late  order  of  this  Court  be,  and  they 
are  hereby  ratified  and  confirmed.  Notwithstanding  they  were  made  by  the  Assess- 
ors for  tlie  Year  1759  after  Assessors  were  Chosen  for  said  Town  in  the  Year  1760. 
And  the  several  Constables  in  said  Town  for  the  Year  1759,  to  whom  said  Assess- 
ments were  committed  to  collect  are  hereby  fully  impowered  to  collect  the  same, 
and  shall  be  held  to  accoimt  with  the  respective  Treasurers  agreeable  to  their 
respective  Warrants  any  supposed  defect  in  said  Assessments  Notwithstanding. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  360. 

"  June  20,  1760.  In  Council  Ordered  that  the  Petition  of  Samuel  Aldrich,  and 
Moses  Farnum  of  Uxbridge,  Praying  as  entered  the  9"'  of  February  last  be  revived, 
and  that  William  Brattle,  and  Ichabod  Plaistead  Esquires  with  such  as  the  Hon'^io 


338  Peovince  Laws. -1759-60.  [Notes.] 

House  shall  join,  be  a  Committee  to  take  tlie  same  under  consideration,  hear  the 
Parties,  and  rejjort  as  soon  as  may  be. 

In  the  House  of  Representatives  ;  Read  and  Nonconcurred,  and  Ordered  that 
the  Petition  be  dismissed.     Consented  to  by  the  Lieu'  Governor."— /?jic<.,  p.  479. 

"Dec.  20,  1760.  A  Petition  of  Hezekiah  Hall  of  Uxbridge  in  the  County  of 
Worcester — Setting  forth,  that  he  was  chosen  Constable  of  said  Town,  in  the  Year 
1759,  and  was  duly  sworne  to  Collect  the  Rates  and  Taxes  committed  to  him,  that 
there  was  included  in  the  List  of  Assessments  delivered,  a  number  of  Quakers 
Inhabitants  of  said  Town,  whose  Taxes  amounted  to  Fifty  seven  pounds  three 
shillings  and  nine  pence.  That  the  Great  and  General  Court  at  their  Cessions  in 
February  last  were  pleased  to  order  that  the  Constables  or  Collectors,  to  whom  the 
several  Lists  in  which,  the  Quakers  (referred  to  in  a  certain  Petition  then  before 
the  Court)  were  included,  be  directed  to  make  no  Distress  on  such  Quakers,  till 
the  further  order  of  the  said  Court— That  your  Petitioner  looked  upon  liims^lf 
Obliged  to  conform  to  the  said  Order,  and  deferred  distraining  upon  the  said  Per- 
sons, until  the  further  Order  of  this  Hon^e  Court,  that  he  apprehended  the  Treas- 
urer would  be  restrained  from  issuing  his  Execution  against  him,  for  the  sums  due 
from  the  said  Persons,  as  he  has  paid  him  more  than  the  full  of  the  other  Assess- 
ments—Notwithstanding which  the  Province  Treasurer  has  issued  an  Execution, 
against  your  Petitioner  for  a  less  sifm  than  is  the  said  Quakers  Proportion  of  the 
Tax  committed  to  him  to  collect,  while  he  is  prohibited  from  demanding  the  same 
of  them,  and  the  same  Execution  was  last  Monday  served  upon  your  Petitioner  by 
one  Moor  a  Deputy  Sheriff  for  the  County  of  Worcester,  who  refused  giving  him 
an  oppertunity  to  apply  to  this  Hon'^'e  Court  for  Redress  without  paying  hi'm  his 
Fees  for  serving  the  same.  Amounting  to  thirty  five  shillings  your  Petitioner 
accordingly  paid  him  that  sum,  and  engaged  to  meet  him  at  a  certain  day  to  pay 
the  Amount  of  said  Execution  unless  relieved  by  this  Court— Praying  that  he  may 
be  released  from  said  Arrest,  and  that  the  Treasurer  may  be  Ordered  to  withdraw 
said  Execution,  and  pay  him  the  said  sum  of  Thirty  five  shillings,  and  the  other 
Charges  he  has  been  at,  in  this  Affair,  or  be  otherwise  relieved. 

In  the  House  of  Representatives  ;  Read  and  Ordered  that  M^  Lancaster,  Cap' 
Livermore  and  Col"  Williams,  with  such  as  the  honourable  Board  shall  join,  be  a 
Committee  to  take  this  Petition  under  consideration,  and  report  what  they  judge 
proper  to  do  thereon. 

In  Council;  Read  and  Concurred,  and  Samuel  Watts  and  Benjamin  Lincoln 
Esqrs  are  joined  in  the  Affair." — Ibid.,  p.  515. 

"  Dec.  27,  17G0.  A  Petition  of  Nathan  Nj-e,  and  John  Sherman  Constables  of 
Rochester,  representing  the  difKculties  they  labour  under  with  respect  to  the  Tax 
laid  upon  one  John  Sherman  a  Quaker— Praying  the  direction  of  this  Court  there- 
upon. 

In  the  House  of  Representatives;  Read  and  Ordered  that  the  Prayer  of  this  Peti- 
tion be  so  far  granted  as  that  the  Treasurer  be  directed  to  stay  Execution  against 
John  Sherman,  for  the  four  pounds,  nineteen  shillings,  and  three  pence,  till  the 
further  Order  of  this  Court.  In  Council  Read  and  Concurred  Consented  to  by  the 
Governor." — Ibid.,]}.  53(j. 

"  Dec.  27,  1760.  On  the  Petition  of  Samuel  Aldrich  and  Moses  Farnum  jun^  of 
Uxbridge  Quakers— as  entered  the  9^^  day  of  February  1760. 

In  Council;  Read  again  and  Ordered  that  this  Petition  be  revived,  and  upon  fur- 
ther consideration  had  thereon,  Ordered  that  the  same  be  dismissed. 

In  the  House  of  Representatives;  Read  and  Concurred." — Ibid.,  p.  538. 

"Dec.  31,1760.  A  Petition  of  Elisha  Adams,  Representative  for  the  Town  of 
Medway,  in  behalf  of  said  Town — Setting  forth  that  in  the  Year  1759,  the  General 
Court  in  the  May  Sessions  imposed  a  Fine  of  Twenty  pounds,  on  said  Town  for  not 
sending  a  Person  to  represent  said  Town,  the  same  Year  Praying  for  the  reasons  ia 
said  Petition  mentioned  that  the  Fine  so  imposed  may  be  remitted. 

In  the  House  of  Representatives:  Read  and  Ordered  that  the  Prayer  of  this  Peti- 
tion be  granted,  and  the  Treasurer  is  directed  to  pay  the  Representative  of  Med- 
way, the  sum  of  Twenty  pounds,  for  the  use  of  said  Town  accordingly. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  544. 

"  Jan.  2,  1761.  A  Petition  of  Ezra  Taylor  of  Southborough,  in  the  County  of 
Worcester,  in  behalf  of  said  Town— setting  forth  that  in  the  Year  1759,  there  was  a 
fine  of  Twenty  pounds  laid  on  said  Town  for  not  sending  a  Representative,  and 
that  the  Fine  was  as  large  as  was  laid  on  any  Town  in  the  Province — Praying  the 
said  Fine  may  be  remitted. 

In  the  House  of  Representatives;  Read  and  in  Answer  Ordered,  that  the  Treas- 
urer be  directed  to  pay  the  Petitioner  the  sum  of  Ten  pounds,  out  of  the  Treasury, 
lor  the  use  of  the  said  Town. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  551. 

"  Jan.  6,  1761.  A  Petition  of  Solomon  Wood,  Representative  for  the  Town  of 
Uxbridge — Setting  forth  that  said  Town  was  Fined  fifteen  pounds  in  the  Year  1759, 
for  not  sending  a  Representative,  that  they  are  a  very  small  Town  &c''.  Praying 
said  Fine  may  be  remitted. 

In  the  House  of  Representatives ;  Read  and  in  Answer  Ordered  that  the  sum  of 
Eight  pounds,  be  allowed  to  be  paid  out  of  the  Publick  Treasury  to  Captain  Wood, 
for  the  use  of  said  Town  of  Uxbridge, 

In  Council;  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  561. 

"  Jan.  16,  1761.  The  Com'^e  on  the  Petition  of  Hezekiah  Hall  find  that  upon  the 
Petition  of  Samuel  Aldrich  and  others  called  Quakers  this  Honourable  Court 
passed  an  Order  that  the  abovementioned  Petitioner  should  not  jiroceed  to  Collect 
any  Moneys  laid  on  the  Quakers  for  the  procuring  Men  to  go  in  his  Majesty's  Ser- 
vice which  Petition  has  since  been  dismissed. 


[Notes.]  Province  Laws. — 1759-60.  339 

The  Committee  are  therefore  humbly  of  Opinion  that  an  Order  now  pass  direct- 
ing and  Impowering  the  said  Hezekiah  to  Compleat  his  Collections  on  the  Quakers, 
any  former  order  of  this  Court  to  the  Contrary  Notwithstanding,  and  upon  his  pay- 
ing in  the  Moneys  to  the  Province  Treasurer  he  be  allowed  the  sum  of  thirty  five 
shillings  mentioned  in  the  Petition. 

All  which  is  humbly  submitted 

Samuel  Watts  ^  order 

In  Council  Read  and  Accepted:  and  Ordered  That  the  Petitioner  Hezekiah  Hall, 
a  Constable  of  the  Town  of  Uxbridge  in  the  Year  1759,  be  and  he  hereby  is  directed 
and  impowered  to  compleat  the  Collection  of  the  suras  Assessed  on  the  Quakers  in 
said  Town  any  former  Order  of  this  Coixrt  to  the  Contrary  Notwithstanding,  and 
that  upon  his  paying  in  the  money  to  the  Province  Treasurer,  he  be  allowed  the 
sum  of  thirty  live  shillings  charges  he  has  been  at  in  the  Affair. 

In  the  House  of  Representatives ;  Read  and  Concurred  Consented  to  by  the 
Governor." — Ibid.,  p.  603. 

"  Jan.  19,  17(51.  A  Petition  of  Solomon  Wood,  in  behalf  of  Joseph  Taft  Constable 
of  Uxbridge,  and  Joseph  Benson  Constable  of  IVIendon  Setting  forth  that  the  said 
Constables  had  the  Quakers  Rates  in  the  Year  1759.  Committed  to  them  to  Collect; 
that  by  an  Order  of  this  Court  they  were  staj^ed  from  Collecting  the  same,  that  the 
Province  Treasurer  has  issued  an  Execution  against  them  for  said  Taxes — Praying 
Relief. 

In  the  House  of  Representatives;  The  House  taking  into  consideration  the  fore- 
going Petition,  Voted  that  Josiah  Taft  Constable  of  Uxbridge,  and  Joseph  Benson 
Constable  of  Mendon  be  directed  and  Impowered  to  proceed  in  Collecting  the 
several  Taxes  in  their  several  lists  laid  on  the  Quakers  for  Levying  Soldiers  for  his 
Majesty's  Service  in  the  Year  1759,  Notwithstanding  any  former  Orders  of  this 
Court  to  the  Contrary  and  that  the  Treasurer  be  directed  to  allow  the  said  Consta- 
bles their  Costs  of  the  Executions  which  have  been  levied  upon  them  by  the  Treas- 
urer. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  611. 

"  April  17, 1761.  A  Petition  of  Silvanus  Wing  of  Hanoever  of  the  People  called 
Quakers  Setting  forth.  That  he  hath  during  the  War  never  scrupled  doing  his  pro- 
portion to  the  support  thereof.  That  his  Father  and  one  of  his  sons  have  gone  in 
Person,  and  another  son  went  ahand  in  a  Transport  Vessel  and  was  taken  by  the 
Enemy,  and  afterwards  put  on  board  one  of  his  Majesty's  Ships  of  War  and  is  still 
held  in  the  Service  Notwithstanding  which  he  is  by  force  of  a  late  Law  assessed 
£  13  2  4  and  another  of  his  sons  £  2  11  1  And  Praying  Relief. 

In  the  House  of  Representatives,  Read  and  Voted  That  the  Prayer  of  this  Peti- 
tion be  so  far  granted  as  that  the  Town  of  Hanover  be,  and  is  hereby  ordered 
exclusive  of  Quakers  to  pay  unto  the  Petitioner  Silvanus  Wing  the  sum  of  thirteen 
pounds  two  shillings  and  four  jience  being  what  he  is  assessed  in  the  Assessment 
mentioned  in  his  Petition. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— 76<cZ.,  p.  745. 

"  April  20,  1761.  In  the  House  of  Representatives;  Voted  that  the  consideration 
of  the  Petitions  of  Moses  Farnum  and  Samuel  Aldridge  be  referred  till  the  next 
May  Session,  and  all  Actions  and  proceedings  relative  to  said  Petitions  are  stayed 
in  the  meanstime. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  762. 

"  Nov.  28,  1761.  A  Petition  of  Joseph  Benson  of  Mendon— Setting  forth  That  in 
the  Year  1759  he  was  chosen  Constable  and  had  committed  to  him  a  rate  or  Tax  to 
collect  amounting  to  £102  —  assessed  upon  the  People  called  Quakers  in  the  said 
Town,  that  soon  after  the  Tax  was  committed  to  him,  he  received  directions  from 
the  General  Court  not  to  proceed  in  collecting  the  said  Tax  until  further  order; 
that  when  he  had  received  such  further  order  he  proceeded  to  collecting  the  money, 
and  did  accordingly  receive  the  same;  excepting  as- follows  viz'  of  Benjamin 
Thayer  £1-9-5  of  Job  Hardy  £1-7-5  of  Samuel  Basset  1.3/8,  of  Daniel  Southwick 
£1-J)^5  of  Benjamin  Cook  £1-7-5  and  Daniel  Cook  £1-7-5,  That  in  the  interval  of 
the  two  orders  aforesaid,  Benjamin  Thayer  died  leaving  no  Estate,  and  Job  Hardy 
and  Daniel  Southwick  quitted  the  Province  leaving  no  Estate,  no  have  the  two 
Cooks  or  Basset  any  Estate  whereon  to  levy  the  Tax,  And  Praying  that  he  may 
be  acquitted  of  the  several  sums  before  mentioned. 

In  the  House  of  Representatives  Read  and  Voted  That  the  sum  of  29/5  the  tax 
laid  on  Benjamin  Thayer  and  the  sum  of  27/5  the  Tax  laid  on  Job  Hardy  in  the 
whole  two  pounds,  sixteen  shillings  and  ten  pence  be  allowed  and  paid  out  of  the 
Province  Treasury  to  the  Petitioner  Joseph  Benson,  and  that  said  sum  be  paid  to 
M''  Nathanael  Nelson  for  the  use  of  the  Petitioner. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  vol. 
XXIV.,  p.  166. 

"  Feb.  9, 1762.  A  Petition  of  the  Town  of  Topsfield  by  their  Agent  John  Gould, 
Praying  that  the  Fine  of  Ten  pounds  laid  on  them  by  the  House  of  Representatives 
the  last  Year*  for  not  sending  a  Representative  to  the  Great  and  General  Court 
then  sitting  may  be  remitted;  their  not  senfling  Ijeiug  occasioned  by  the  great 
expence  they  were  at  in  Building  a  New  Meeting  House  and  in  laying  out  a  Public 
Road  in  said  Town. 

In  the  House  of  Representatives  Read  and  Ordered  That  this  Petition  be  revived, 
and  the  Prayer  thereof  be  granted;  and  that  the  sum  of  Ten  pounds  be  granted 
out  of  the  Public  Treasury  to  the  Petitioner  for  the  use  of  said  Town  accordingly. 
In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— J6«d.,  p.  246. 

"June  5,  1762.    A  Petition  of  Jacob  Cooper  of  Stockbridge— Setting  forth  That 

*  1759-60. 


340  Peovince  Laws.— 1759-60.  [Notes.] 

He  was  chosen  ConstaT)le  in  the  said  Town  for  the  Year  1759,  and  had  the  Province 
Rate  for  that  Year  comiuitted  to  him  to  collect;  but  never  received  any  Warrant 
from  the  Treasurer  to  enahle  him  to  collect  the  same:  that  he  proceeded  however 
to  collect  a  part  of  the  said  Tax  which  lias  been  paid  to  the  Treasurer,  and  a  part 
he  could  not  collect  for  want  of  a  Warrant;  yet  Execution  is  issued  against  him  for 
the  said  Rates,  And  Praying  that  either  the  Force  of  said  Execution  may  be  jn-e- 
vented,  or  that  he  may  be  enabled  to  collect  the  said  Rates. 

In  the  House  of  Representatives  Resolved  That  the  Treasurer  be  directed  to 
give  his  Warrant  to  the  Petitioner  to  enable  him  to  collect  the  Tax,  and  that  Exe- 
cution be  stayed  four  Months — In  Council  Read  and  ConcuiTed  Consented  to  by 
the  Governor." — Ibid.,  p.  407. 

See,  also,  note  to  17(51-62,  chapter  17. 

Chap.  4.  "  June  9, 1759.  A  Petition  of  Jonas  Houlton  Agent  for  the  District  of 
New  Salem  in  the  County  of  Hampshire — Setting  forth  That  the  last  Winter  they 
had  a  Country  Road  laid  through  said  District  of  about  eight  Miles  in  length,  and 
four  rods  wide.  That  said  District  is  yet  in  its  Infancy,  and  labour  under  great 
burdens  in  supporting  their  Minister,  and  must  be  at  great  Charge  in  making  said 
Road.  And  praying  there  may  be  a  Tax  of  one  peny  ^  Acre  laid  on  the  unim- 
proved Lands  of  the  Non  resident  pro)irietors  of  said  District  for  the  term  of 
three  years  to  enable  them  to  defrey  said  Charges. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Petitioner  notify 
the  Non  resident  jiroprietors  of  the  District  within  mentioned  with  a  Copy  of  this 
Petition  by  inserting  the  substance  thereof  in  one  of  the  Boston  News  Letters 
three  weeks  successively,  that  so  they  shew  cause  (if  any  they  have)  on  the  second 
Thursday  of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof  should  not  be 
granted. 

In  Council.    Read  and  Conctirred." — Council  Records,  vol.  XXIII.,  p.  39. 

"  Jan.  6, 1700.    A  Petition  of  Jonas  Houlton  as  entered  the  9"'  of  June  last; 

In  Council  Read  again  with  the  Answer  of  the  Non  Resident  Proprietors  of  the 
District  of  New  Salem.  And  Ordered  Tliat  Benjamin  Lincoln  and  William  Brat- 
tle Esqi's  with  Such  as  the  honourable  House  shall  appoint  be  a  Committee  to  take 
this  Petition  and  Answer  under  Consideration,  and  report  what  they  judge  proper 
for  this  Court  to  do  thereon. 

In  the  House  of  Representatives.  Read  and  Concurred  and  Major  Hartwell,  M' 
Day  and  M''  Temple  are  joined  in  the  Affair."— 76/cZ.,  p.  150. 

"  Feb.  9, 1760.  The  Committee  appointed  the  5'^  January  on  the  Petition  of  Joseph 
Houlton  Agent  for  the  District  of  New  Salem  presented  their  Report  (Signed) 

Benj*  Lincoln  ^  order. 
And  thereupon  In  Council  Resolved  That  the  whole  of  the  unimproved  lands  in 
the  District  of  New  Salem  be  taxed  at  one  farthing  4^*  Acre  for  four  Years  next 
ensuing,  the  money  raised  thereby  to  be  applied  for  the  making  and  repairing  the 
High  ways  in  said  District,  and  for  no  other  iiuriwse  whatsoever.  And  the  Clerk 
of  said  District  is  hereby  directed  to  transmit  Yearly  and  every  Year  to  some  one 
of  the  Principal  Non  Resident  Proprietors  an  Exact  Account  of  the  sum  raised 
and  of  the  Application  thereof.  And  Also  to  transmit  as  aforesaid  within  Six 
months  next  ensuing  an  Account  of  the  Application  of  the  last  Tax,  granted  by 
said  Proprietors 

In  the  House  of  Representatives  Read  and  Concurred  Consented  to  by  the  Gov- 
ernor."— Ibid.,  p.  264. 

Chap.  5.  "  Oct.  5, 1759.  A  Petition  of  Joseph  Holden  and  Others,  Inhabitants  of 
a  New  Plantation  called  No  2.  Praying  that  they  may  be  incorporated  into  a  Town 
or  District,  and  that  they  may  be  freed  from  the  Province  Tax  this  year  in  case 
they  shall  be  thus  incorporated.  Also  Praying  That  the  Lands  of  the  Nonresident 
Proprietors  may  be  subjected  to  a  Tax  for  seven  years  next  ensuing  towards  the 
Support  of  the  Gospel,  and  laying  out  and  clearing  Roads  in  said  Plantation. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Petitioners  serve 
the  Non-resident  Proprietors  of  the  Plantation  abovementioned  with  a  copy  of  this 
Petition  by  inserting  the  Substance  thereof  in  one  of  the  Boston  News  Papers 
three  weeks  successively,  that  so  they  may  shew  cause  if  any  they  have  on  the 
second  Wednesday  of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof  should 
not  be  granted. 

In  Council.  Read  and  Concurred.  Consented  to  by  the  Governor." — Council 
Records,  vol.  XXIII.,  p.  66. 

"  Jan.  9,  1700.  A  Petition  of  a  Number  of  Inhabitants  of  Narragansett  N"  2. 
Praying  as  entered  the  5U»  of  October  last. 

In  Council  Read  again  with  the  Answer  of  the  Non  Resident  Proprietors.  And 
Ordered  That  Benja  Lynde  and  Benjamin  Lincoln  Esq''s  with  Such  as  the  honour- 
able House  shall  join  be  a  Committee  to  talte  the  same  under  consideration,  and 
report  what  they  judge  proper  for  this  Court  to  do  thereon. 

In  the  House  of  Representatives.  Read  and  Concurred  and  M""  Russell,  Col° 
Whitcomb  and  Capt"  Read  are  joined  in  the  Affair." — Ibid.,  p.  158. 

"  Feb.  8, 1760.  The  Committee  appointed  the  9"»  of  .January  last  on  the  Petition 
of  a  Number  of  the  Inhabitants  of  Narraganset  N°  2  Praying  as  entered  the  5"^  of 
October  preceeding  made  Report.  (Signed) 

Benj*  LrNDE'^P"  order  of  the  Corat<=e. 

In  Council  Read  and  Accepted  and  Ordered  That  there  be  a  Tax  of  one  half 
penny  i^  Acre  laid  on  the  lands  of  the  non  resident  Proprietors  of  the  District  of 
West  Minster,  as  also  upon  a  Tract  of  500  Acres  laid  out  to  the  late  Governor 
Belcher  included  in  the  bounds  of  said  District,  the  money  so  raised  to  be  applied 


[Notes.]  PEOvmCE  Laws.— 1759-60.  3^1 

towards  defreyiuf?  ministerial  Charges  in  said  District  and  that  the  Inhabitants 
thereof  be  Authorized  and  impowered  to  Appoint  Assessors  and  Collectors  of  said 
Tax  who  are  hereby  Vested  with  the  like  Power  as  other  Assessors  and  Collectors, 
and  are  to  govern  themselves  according  to  Law  in  discharge  of  the  duties  of  said 
Oifices. 

In  the  House  of  Representatives  Head  and  Concurred.  Consented  to  by  the 
Governor." — Ibid.,  p.  258. 

"June  13,  17G0.  In  Council,  "Whereas  an  Order  passed  the  Great  and  General 
Court,  on  the  8"i  of  February  last,  laying  a  Tax  of  one  half  penny  4^*  Acre,  on  the 
Lands  of  the  Non  Resident  Proprietors  of  the  District  of  West  Minster,  as  also 
upon  a  Tract  of  .500,  Acres  laid  out  to  the  late  Governor  Belcher,  included  in  the 
bounds  of  said  District. — 

Resolved,  that  said  Tax  of  one  half  penny  4^  Acre  be  Assessed  on  the  Lands 
aforesaid  for  the  Terra  of  four  Years,  next  ensuing  Viz'  One  half  penny  ^  Acre 
^  Annum  during  said  Term  Agreeable  to  the  Report  then  made  by  a  Committee 
of  said  Court,  and  to  be  raised  and  applyed,  in  manner  as  directed  in  said  Order. 

In  the  House  of  Representatives  Read  and  Concurred  Consented  to  by  by  the 
Lieutenant  Governor." — Ibid.,  p.  438. 

"Nov.  18,  17G1.  A  Petition  of  Joseph  Miller  and  a  number  of  others.  Inhabit- 
ants of  Westminster,  Setting  forth.  That  being  incorporated  into  a  District  in 
1759,  They  have  ever  since  proceeded  to  call  their  Meetings  by  posting  up  Notifica- 
tions at  the  Meeting  house  instead  of  directing  a  Warrant  with  a  Seal  afiixed  to 
the  Constable;  that  this  method  tho' irregular  hath  never  occasioned  any  difficulty 
among  them,  saving  that  in  September  last  being  in  like  manner  notified  to  Assem- 
ble in  order  to  pass  ujion  a  Vote  of  the  Church  calling  M^  Peter  Thacher  Smith  to 
the  Gospel  Ministry  in  said  District,  which  Vote  of  the  Church  was  then  unani- 
mously concurred,  but  three  of  the  Inhabitants  entered  their  dissent,  on  account  of 
tli'j  Meetings  not  being  legally  warned.  And  Praying  that  their  said  Meetings  may 
be  established. 

-  In  the  House  of  Representatives  Voted  That  the  Prayer  of  this  Petition  be  so 
far  granted  as  that  the  Votes  passed  by  the  District  of  Westminster  at  their  several 
Meetings  since  November  14:  175')  be  and  hereby  are  confirmed  as  good  and  valid 
in  law  Notwithstanding  the  sundry  defects  in  the  method  of  calling  them  as  men- 
tinned  in  said  Petition,  Provided  said  Meetings  have  been  otherwise  legal. 

In  Council  Read  and  Noncoucurred.  And  Ordered  That  the  Petitioners  notify 
t!i;!  Town  of  Westminster  by  serving  the  Town  Clerk  with  a  copy  of  this  Petition 
that  the  said  Town  or  any  Persons  aggrieved  therein;  shew  cause  (if  any  they 
have)  on  the  second  Wednesday  of  the  next  Sitting  of  this  Court  why  the  Prayer 
thereof  should  not  be  granted.  In  the  House  of  Representatives  Read  and  Con- 
curred."—Ibid.,  vol.  XXIV.,  p.  109. 

"  Jan.  22,  1762.  A  Petition  of  a  Number  of  Inhabitants  of  Westminster,  Praying 
as  entered  the  18*  of  November  last. 

In  Council  Ordered  That  the  foregoing  Petition  be  revived,  and  that  the  Prayer 
thereof  be  so  far  granted  as  that  the  Votes  &  Proceedings  of  the  Inhabitants  of  the 
District  of  Westminster  at  their  several  Meetings  since  November  14"'  1759  be,  and 
they  are  hereby  confirmed  and  shall  be  deemed  valid  in  Law,  the  defects  in  tho 
manner  of  calling  them  (in  said  Petition  mentioned)  Notwithstanding,  Provided 
such  Votes  &  Proceedings  have  been  otherwise  agreeable  to  Law.  In  the  House 
of  Representatives;  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid., 
p.  193. 

"  June  5, 1762.  A  Petition  of  a  number  of  the  Nonresident  Proprietors  of  the 
District  of  Westminster,  —  Setting  forth  —  That  they  have  been  at  great  expence  in 
bringing  forward  the  Settlement  of  the  said  place,  and  that  not  long  since  on  the 
Petition  of  a  number  of  the  Inhabitants  to  the  General  Court  there  was  a  tax  of  one 
half  peny  an  Acre  laid  upon  the  Lands  of  the  Nonresidents  for  four  Years,  and  it 
was  then  agreed  that  they  should  bo  then  exempt  from  any  further  burdens,  not- 
withstanding which  a  Proprietors  Meeting  was  called  and  the  Residents  being  a 
Majority,  or  near  it,  they  laid  a  Tax  of  nine  shillings  or  thereabouts  on  each  Right, 
which  the  Petitioners  apprehending  to  be  contrary  to  the  Agreement  made  before 
the  General  Courts  Coni'i^e  they  have  declined  paying;  and  their  Lands  are  put  upon 
Sale  for  the  payment  of  the  said  Tax.    And  Praying  Relief. 

In  the  House  of  Reiiresentatives  Read  and  Ordered  That  the  Petitioners  notify 
the  Resident  Proprietors  of  the  within  named  District,  of  this  Petition  by  leaving  a 
copy  thereof  witli  the  Proprietors  Clerk  that  they  make  answer  thereto  (if  they  see 
cause)  on  the  second  Wednesday  of  the  next  Sitting  of  this  Court;  and  that  all 
Proceedings  of  the  Proprietors  Committee  respecting  the  Sale  of  the  Lands  men- 
tioned be  stayed  till  the  further  order  of  this  Court.  In  Council  Read  and  Con- 
curred Consented  to  by  the  Governor." — Ibid.,  p.  406. 

"  Sep.  16,  17(i2.  A  Petition  of  a  Number  of  the  Nonresident  Proprietors  of  West- 
minster, complaining  of  their  Lands  being  Sold  for  the  payment  of  Taxes;  and 
praying  Relief  as  entered  the  5"i  June  last. 

In  Council  Ordered  That  the  further  consideration  of  this  Petition  be  referred  to 
the  second  Wednesday  of  the  next  Sitting  of  this  Court;  and  that  all  proceedings 
of  the  Proprietors  Committee  respecting  the  Sale  of  the  Lands  mentioned  be  stayed 
'till  the  further  Order  of  this  Court.  In  the  House  of  Representatives  Read  and 
Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  475. 

"  Jan.  20,  1763.  A  Petition  of  Hezekiah  Gates  and  others  Proprietors  of  the  Dis- 
trict of  Westminster,  Praying  that  the  proceedings  of  their  Committee  in  the  Sale 
of  Lands  for  the  Nonpayment  of  Taxes  may  be  stayed  for  the  reasons  therein  men- 
tioned as  entered  5*  June  last. 

In  Council  Read  again  together  with  the  Answer  of  the  Resident  Proprietors  of 


342  Pkovince  Laws.— 1759-60.  [Notes.] 

Westminster:  And  Ordered  That  James  Otis  &  NatW  Ropes  Esq"  with  such  as 
the  honourable  House  shall  join  be  a  Committee  to  take  the  Petition  and  answer 
under  consideration  and  report.  In  the  House  of  Representatives  Read  and  Con- 
curred and  Mr  Paine,  Cap*  Brooks  and  Cap'  Foster  of  Brookfield  are  joined  in  the 
A&aiT."— Ibid,  p.  509. 

"  Jan.  29,  1763.  The  Committee  appointed  the  20'ii  Instant  on  the  Petition  of 
Hezekiah  Gates  and  Others  Proprietors  of  Westminster,  having  made  Report,  the 
following  Order-passed  thereon  — 

In  Council  Read  and  Accepted  And  Ordered  That  the  Tax  of  nine  shillings  or 
thereabouts  on  each  Nonresident  Proprietors  Right  in  the  District  of  Westminster 
as  mentioned  in  the  Petition  of  Hezekiah  Gates  and  Others  Nonresident  Proprietors 
of  the  said  District  be  set  aside  as  unreasonable;  and  that  all  proceedings  in  the 
levying  the  same  be  wholly  stayed  —  In  the  House  of  Representatives;  Read  and 
Concurred  Consented  to  by  the  ijovernor." — Ibid.,  p.  533. 

Chap.  6.  "  Feb.  8,  1759.  A  Petition  of  Benj^' Houghton  and  Others  Proprietors 
and  Inhabitants  of  sundry  Farms  contiguous  to  Rutland  East  Wing  so  called,  and 
also  Proprietors  of  said  Wing,  Setting  forth  That  the  said  Farms  and  Eastwing 
together  do  not  contain  six  miles  square;  that  they  are  capable  of  making  a  good 
Township  united;  but  are  not  seperately  able  to  perform  the  duties  requisite  in  such 
case.    And  praying  that  they  may  be  incorporated  as  a  Town  accordingly. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Petitioners  serve 
the  Proprietors  and  Inhabitants  of  the  East  Wing  of  Rutland  (so  called  Non  Peti- 
tioners) with  a  Copy  of  this  Petition  by  Inserting  the  substance  thereof  in  one  of 
the  Boston  News  Papers  three  weeks  successively;  that  so  they  shew  cause  (if  any 
they  have)  on  the  second  Thursday  of  the  next  Sitting  of  this  Court  why  the  Prayer 
thereof  should  not  be  granted.  In  Council  Read  and  Concurred.  Consented  to  by 
the  Governor." — Council  Becords,  vol.  XXII.,  j).  553. 

"  June  8,  1759.  A  Petition  of  the  Proprietors  and  Inhabitants  of  sundry  Farms 
lying  between  Lancaster  and  Narraganset  No  2.  and  contiguous  to  Rutland  East 
Wing  so  called  —  Praying  as  entered  7  Feb?  last  to  be  erected  into  a  distinct  Town- 
ship. 

In  Council.  Read  again  together  with  the  Answer  of  the  Inhabitants  and  Proprie- 
tors of  the  East  Wing  of  Rutland  and  Ordered  That  Samuel  Watts  and  Benj*  Lin- 
coln Esq™  with  Such  as  the  honourable  House  shall  appoint  be  a  Committee  to  take 
the  same  under  consideration,  hear  the  Parties  and  report  what  they  judge  proper 
to  be  done  thereon. 

In  the  House  of  Representatives.  Read  and  Concurred  and  Col"  Lawrence,  Col" 
Gerrish  and  Col"  Whitcombe  are  joined  in  the  Affair." — Ibid.,  vol.  XXIII. ,  p.  24. 

"  June  9,  1759.  The  Committee  appointed  yesterday  to  consider  the  Petition  of 
the  Proprietors  or  Inhabitants  of  certain  Farms  between  Lancaster  and  Narraganset 
N"  2.  contiguous  to  Rutland  East  Wing  made  report  that  they  had  heard  the  Parties 
for  and  against  the  Petition,  and  were  of  Opinion  That  in  order  to  have  a  clear 
understanding  of  the  sundry  things  mentioned  in  said  Petition  a  Committee  be 
appointed  and  sent  by  this  Court  to  veiw  the  Farms  and  the  East  Wing  abovemen- 
tioned  and  report  to  this  Court.  The  Charge  of  this  Committee  to  be  borne  as  this 
Court  shall  hereafter  order.  (Signed)  Sam"-  Watts  4^  Order. 

In  Council.  Read  and  Ordered  That  this  Report  be  accepted  and  that  Gamaliel 
Bradford  Esq  with  Such  as  the  honourable  House  shall  appoint  be  a  Committee  for 
the  purposes  therein  mentioned 

In  the  House  of  Representatives.  Read  and  Concurred  and  M""  Witt  and  Col" 
Gerrish  are  joined  in  the  Affair." — Ibid. ,  p.  34. 

"  Oct.  11,  1759.  The  Committee  appointed  the  19  June  last  on  the  Petition  of 
sundry  Proprietors  and  Inliabitants  of  Land  in  and  near  Rutland  —  Reported  That 
they  had  repaired  to  the  Land  mentioned  in  said  Petition  veiwed  the  same  and 
heard  the  Parties  and  were  of  Opinion  that  the  prayer  of  the  Petition  be  granted, 
and  that  the  said  Farms  together  with  said  Eastwing  be  incorporated  into  a  seperate 
District  agreeable  to  a  Plan  accompanying  said  Petition;  and  that  the  Petitioners 
have  liberty  to  bring  in  a  Bill  accordingly 

In  Council.  Read  and  Accepted.  And  Resolved  that  the  Petitioners  have 
liberty  to  bring  in  a  Bill  accordingly  for  incorporating  the  Lands  mentioned  in  said 
Petition  into  a  District  agreeable  to  a  Plan  accompanying  said  Petition.  And  that 
Cap"  Richardson  be  directed  to  bring  in  the  Bill. 

In  the  House  of  Representatives.    Read  and  Concurred." — Ibid.,  p.  89. 

"  June  4,  17G0.  A  Petition  of  the  Inhabitants  and  Proprietors  of  the  District  of 
Prince  Town,  setting  forth  that  the  Charges  arising  in  maintaining  the  Preaching  of 
the  Gospel  among  them,  together  with  the  Building  a  meeting  House,  Settling  a 
minister,  and  making  Roads,  will  be  attended  with  great  expence— Praying  a  Tax 
may  be  laid  on  all  the  Lands  within  the  said  District,  for  defreying  the  Charges 
aforesaid,  of  four  pence  <^  Acre,  for  the  first  Year,  three  pence  <^  Acre  for  the  sec- 
ond Year,  and  two  pence  for  the  future,  so  long  as  said  Court  shall  think  proper. 

In  the  House  of  Representatives,  Read  and  Ordered  that  the  Petitioners  serve 
the  non  resident  Proprietors,  as  also  the  Resident  Proprietors,  non  Petitioners  of 
said  District,  with  a  Copy  of  this  Petition,  by  inserting  the  substance  thereof  in 
two  of  the  Boston  Monday's  News  Papers,  three  Weeks  Successively  That  so  they 
shew  Cause  if  any  they  have  on  the  Second  Wednesday  of  the  next  Sitting  of  this 
Court,  why  the  Praj'er  thereof  should  not  be  granted. 

In  Council  Read  and  Concurred." — Ibid.,  p.  406. 

"  June  12,  1760.  In  the  House  of  Representatives.  Whereas  part  of  the  Town 
of  Brimlield,  in  the  County  of  Hampshire,  hath  latly  been  erected  into  a  sepei*ate 
District,  by  the  name  of  Monson  and  that  part  of  Rutland  called  the  East  Wing,  in 


[Notes.]  Peovince  Laws. — 1759-60.  343 

the  County  of  "Worcester  with  Sundry  Farms  Contiguous  thereto  hath  been  erected 
into  a  District,  by  the  Name  of  Prince  Town,  notwitlistanding  wliich  the  said 
Towns  of  Brimfiekl  and  Rutland  are  Assessed  in  full  Proportion,  to  tlieir  former 
Taxes,  Therefore  Voted,  That  the  Assessors  of  the  Town  of  Brimfield  be,  and 
they  hereby  are  impowered  and  directed  to  Assess  tlie  Polls  and  Estates  of  the 
Inhabitants  of  said  District  of  Monson  tlieir  due  Projiortion,  as  usual  to  the  Prov- 
ince Tax,  set  on  said  Town  of  Brimtield,  and  that  the  Assessors  of  the  Town  of 
Rutland  be,  and  they  hereby  are  impowered,  and  directed  to  Assess  the  Polls  and 
Estates  of  tliose  Inhabitants  of  said  District  of  Prince  Town,  formerly  called  the 
East  Wing  of  Rutland  their  due  Proportion,  as  usual  to  tlie  Province  Tax  laid  on 
said  Town  of  Rutland. 

In  Council  Read  and  Concurred  Consented  to  by  the  Lieutenant  Governor." — 
76*^.,^.  434. 

"  Dec.  24,  1760.  On  tlie  Petition  of  Abijah  Moore  and  others  Inhabitants  of 
Prince  Town,  as  entered  June  4:  1760. 

In  Council  Read  again,  together  with  the  Answer  of  a  Number  of  the  Non  Resi- 
dent Proprietors  of  Prince  Town  and  Ordered  that  Gamaliel  Bradford  Esq""  with 
such  as  the  honourable  House  shall  join,  be  a  Committee  to  take  the  Petition  and 
Answer  under  consideration,  and  report  what  they  judge  proper  for  this  Court  to 
do  thereon. 

In  the  House  of  Representatives  Read  and  Concurred  and  Mr  Witt  and  Col" 
Whitcomb  are  joined  in  the  Affair." — Ibid.,  p.  528. 

"Dec.  31,  1760.  On  the  Petition  of  the  Inhabitants  of  Prince  Town,  Praying  a 
Tax  may  be  laid  on  said  District  as  entered  the  4'1>  day  of  June  1760  and  24: 
Decern''  1760. — In  Council  The  Committee  on  the  foregoing  Petition  having  rejiorted 
in  favour  of  a  Tax  of  two  pencfi  per  Acre  for  three  Years— Ordered  That  the  said 
Report  be  accepted :  and  that  there  be  a  Tax  of  two  pence  per  Acre  assessed  on  the 
Lands  mentioned  in  said  Petition  for  the  term  of  three  years  next  ensuing  to  be 
applied  for  the  purposes  therein  mentioned 

In  the  House  of  Representatives  Read  and  Concurred — Consented  to  by  the  Gov- 
ernor."— Ibid.,  p.  547. 

■'  Jan.  16,  1761.  A  Petition  of  Zachariah  Harvey  in  behalf  of  the  Inhabitants  of 
Prince  Town— Setting  forth  that  the  Inhabitants  of  said  Town  are  all  beginners, 
S"Lircely  able  to  support  their  Families,  that  they  have  been  at  great  Expence  in 
Settling  a  Minister  building  a  meeting  house  and  making  Roades,  and  are  not  able 
as  yet  to  pay  Taxes — Praying  they  may  be  excused  from  Paying  Rates  to  Rutland, 
and  to  the  Province  as  usual 

In  the  House  of  Representatives;  Voted  that  the  Prayer  of  this  Petition  be 
granted,  and  that  the  Treasurer  of  this  Province,  be,  and  hereby  is  directed  to 
remit  to  the  Town  of  Rutland  the  sum  of  thirty  one  pounds,  one  shilling  and  seven 
pence  being  the  sum  Assessed  by  the  Assessors  of  the  Town  of  Rutland,  Agreea- 
ble to  a  Vote  of  this  Court  in  June  last  on  the  Polls  and  Estates  of  that  part  of  the 
District  of  Prince  Town  formerly  the  East  Wing  of  Rutland,  as  their  Proportion  to 
the  Province  Tax  laid  on  the  Town  of  Rutland  in  the  Year  1760.  and  that  the  con- 
stables or  Collectors  of  Rutland  for  Year  be,  and  hereby  are  directed  and  required 
not  to  Collect  the  same  of  the  Inhaliitants  or  Proprietors  of  Prince  Town,  and  that 
the  aforesaid  sum  of  thirty  one  pounds  one  shilling  and  seven  pence  be  added  to 
the  Province  Tax  that  shall  be  laid  on  the  Town  of  Rutland  for  the  Year  1761. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  603. 

"  April  7,  1761.  A  Petition  of  sundry  Inhabitants  of  the  District  of  Prince  Town 
in  the  County  of  Worcester— Setting  forth  the  irregular  Proceedings  of  one  Doctor 
Zachariah  Hervey  in  their  Anniversary  Meeting  in  March  last.  Praying  that  the 
said  District  may  be  enabled  to  call  a  New  Meeting  &c'>' 

In  the  House  of  Representatives  Read  and  Order'd  That  the  Petitioners  serve 
Doctor  Zachariah  Harvey  with  a  Copy  of  this  Petition,  that  he  render  an  Account  ' 

of  his  Proceedings  complained  of  in  the  Petition  on  the  second  Tuesday  of  the 
next  Sitting  of  this  Court. 

In  Council  Read  and  Concurred  with  an  Amendment  viz'  insert  May  Session — 
Sent  down  for  Concurrence." — Ibid.,  p.  701. 

"  June  9,"  1761.  A  Petirion  of  a  Number  of  the  Inhabitants  of  Prince  Town  Set- 
ting forth  as  in  their  Petition  entered  7:  April  last,  that  there  were  divers  illegal 
Votes  and  unwarranted  Transactions  at  their  annual  Town  Meeting  in  March  last 
—And  Praying  Relief. 

In  Council  Read  again  together  with  the  Answer  of  Doctor  Zachariah  Harvey, 
and  Ordered  That  Benjamin  Lincoln  Esq^  with  such  as  the  honorable  House  shall 
join  be  a  Committee  to  take  the  Petition  and  Answer  under  consideration  and 
report. 

In  the  House  of  Representatives  Read  and  Concurred  and  M"'  Ropes  and  Cap' 
Rowell  are  joined  in  the  Affair." — Ibid.,  vol.  XXIV.,  p.  27. 

"  June  10,  1761.  A  Memorial  of  Zachariah  Harvey,  Peter  Goodenow  and  Abigail  * 
Moore,  Selectmen  of  Prince  Town,  further  representing  (in  addition  to  what  was 
offered  by  the  said  Zachariah  Harvey  in  his  answer  entered  Yesterday)  the  pro- 
ceedings of  the  Town  Meeting  complained  of  by  some  of  the  Inhabitants,  And 
Praying  that  by  a  Resolve  of  this  Court  the  proceedings  of  the  said  District  may  be 
conflrm'd  notwithstanding  any  legal  defects,  real  or  supposed — 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Committee  of  both 
Houses  appointed  to  consider  the  Affair  of  Prince  Town  take  this  Petition  also 
under  their  consideration  and  make  report. 

In  Council  Read  and  Concurred." — Ibid.,  p.  32. 

*  Sic:  Abijah. 


344  Peovince  Laws. — 1759-60.  [Notes.] 

"  June  13,  1761.  The  Committee  appointed  the  9"i  Instant  on  the  Petition  of  a 
number  of  the  Inhabitants  of  Prince  Town  reported  according  to  order — 

In  Council  Read  and  Accepted,  and  thereupon  Ordered  That  the  proceedings  of 
the  Inhabitants  of  the  District  of  Prince  Town  at  their  Meeting  in  March  last  be 
confirmed,  and  that  their  iiroceedings  at  the  adjournment  of  said  Meeting  be  regu- 
lated so  far  as  it  relates  to  the  qualification  of  Voters,  by  the  valuation  of  Estates 
already  taken.  Also  that  the  Assessors  of  said  District  as  soon  as  may  be  make  au 
exact  list  and  valuation  of  Estates  in  said  District  for  the  future  regulation  of  their 
Voters  as  by  Law  is  required — 

In  the  House  of  Representatives  Head  and  Concurred  Consented  to  by  the  Gov- 
ernor."— Ibid.,  p.  42. 

For  all  proceedings  relating  to  the  boundaries  and  sale  of  the  province  lands, 
known  as  Potash  Farm,  within  the  district  of  Princetown,  see  the  Appendix. 

Chap.  7.  "  June  9, 1759.  A  Petition  of  Thomas  Stinson  and  Others  Proprietors 
and  Planters  of  a  certain  Tract  of  Land  commonly  called  Neguasset  in  the  County 
of  York  holding  in  the  Right  of  Mess"  Lake  and  Clarke  deceased — Setting  forth 
That  they  labour  under  great  difficulties  for  want  of  being  incorporated.  That  they 
have  however  by  a  voluntary  Subscription  set  up,  and  are  erecting  a  very  conven- 
ient House  for  public  Worship.  And  praying  that  they  with  their  Lands  hereafter 
mentioned  may  be  erected  into  a  Township  viz'  Beginning  at  Towessick  Gut  at  the 
head  of  Arowsick  Island  or  George  Town,  and  running  Northerly  on  Sagadahock 
or  Kennebec  River  to  a  Pine  tree  marked,  which  is  the  first  markt  Tree  in  the 
Boundary  Line  between  the  said  Proprietors  and  the  Plyinouth  Company:  from 
thence  Easterly  on  said  Line  to  Mountsweeg  River  as  the  Line  is  now  established, 
and  from  thence  Southerly  down  said  River  and  Mountsweeg  Bay  including  an 
Island  called  Oak  Island,  and  from  thence  again  Southerly  round  a  Point  of  Land 
called  Phipp's  Point,  and  from  thence  Westerly  to  a  Point  called  Hawkomoka 
Point,  and  from  thence  Northerly  running  through  Hells-gate  so  called  in  Towes- 
sick or  Neguasset  Bay  to  the  Bounds  first  mentioned. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Petitioners  serve 
the  Town  of  George  Town  (so  called)  as  also  the  first  Parish  in  said  Town  with  a 
copy  of  their  Petition  by  leaving  an  attested  copy  thereof  with  their  respective 
Clerks,  that  they  may  shew  cause  (if  any  they  have)  on  the  second  Tuesday  of  the 
next  Sitting  of  the  Court  why  the  Prayer  thereof  should  not  be  granted. 

In  Council.    Read  and  Concurred." — Council  Records,  vol.  XXIII.,  p.  37. 

"  Oct.  11, 1759.  A  Petition  of  Thomas  Stinson  and  Others  Proprietors  and  Planters 
of  a  certain  Tract  of  Land  commonly  called  Neguassett  in  the  County  of  York  — 
Praying  as  entered  9  June  last  to  be  incorporated  into  a  Township. 

In  Council  read  again  together  with  a  Vote  of  the  Town  of  George  Town  relative 
to  the  Affair.  Andresolved  That  the  Prayer  of  the  Petition  be  so  far  granted  as 
that  the  Petitioners  have  liberty  to  bring  in  a  Bill  for  erecting  the  Lands  prayed 
for  into  a  district  with  power  to  join  with  the  Town  of  George  Town  in  the  Choice 
of  Representatives. 

In  the  House  of  Representatives  Read  &  Concurred:  " — Ibid., p.  86. 

Chap.  8.  "  Oct.  11, 1759.  James  Bowdoin  Esq  went  down  from  the  Board  to  the 
House  of  Representatives  with  a  Message  to  acquaint  them  that  the  Board  observe 
in  the  Supply  Bill  sent  up  for  their  concurrence,  that  the  Funds  are  not  sufiicient 
to  redeem  the  Notes  the  Treasurer  is  thereby  ordered  to  issue  with  the  Interest, 
and  have  therefore  not  passed  upon  said  Bill." — Council  Records,  vol.  XXIII.,  p.  80. 

See  also  Note  to  Chap.  16,  post. 

Chap.  10.  "Nov.  6,  1759.  In  the  House  of  Representatives,  Voted  That  the 
Managers  of  the  Sudbury  Lotteries  be  hereby  impowered  to  apply  part  of  the  Sums 
to  be  raised  by  said  Lotteries  not  exceeding  ithe  Sum  of  One  hundred  and  twenty 
pounds  towards  repairing  two  short  Causeways  in  said  Sudbury  lying  on  Lancaster 
Road  between  the  Dwelling  houses  of  Jonathan  Carter  and  Benjamin  Estabrooks. 
Provided  that  there  be  first  applied  a  sufiicient  Sum  from  the  monies  raised  by  said 
Lotteries  '"•o  carry  on  the  particular  Works  for  which  the  said  Lotteries  were 
granted. 

In  Council.    Read  and  Concurred." — Council  Records,  vol.  XXIII.,  p.  119. 

Chap.  14.  "  Oct.  3, 1759.  The  Act  for  providing  Quarters  for  his  Majesty's  Troops 
and  Recruiting  Parties  within  this  Province  being  temporary  is  expired,  and  will, 
as  You  will  observe  from  some  of  the  Papers  laid  before  You,  require  your  Consid- 
eration."— Extract  from  Governor  PownaWs  messar/e  to  the  Assembly :  Council  Rec- 
ords, vol.  XXIII.,  p.  61. 

"  Dec.  24,  1760.  The  Secretary  delivered  the  following  Message  from  his  Excel- 
lency, to  the  House  of  Representatives  —  viz'. 

Gentlemen  of  the  House  of  Representatives 

I  am  to  inform  yon  that  a  Party  of  the  Regiment  of  Royal  Scots,  consisting  of 
six  officers,  and  one  hundred  and  Ninety  Men,  is  come  into  this  Port,  and  is  like  to 
stay  here  some  Time.  I  have  Ordered  them  into  the  Barracks  at  Castle  William; 
but  finding  the  Act  for  providing  Quarters  &c'':  is  expired,  must  desire  You  to  make 
the  usual  Provision  for  them.  Fka.  Bernard." — Ibid.,  p.  528. 

"Dec.  24,  1760.  In  the  House  of  Representatives;  Voted  that  the  Commissary 
General  be  directed  to  provide  Fuel,  and  other  Barrack  Necessaries,  as  usual  for 
the  One  hundred  and  Ninety  Men. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  530. 


[Notes.]  Peovince  Laws. — 1759-60.  345 

Chap.  15.  "  Oct.  20,  1759.  The  Secretary  went  down  from  the  Board  with  a  Mes- 
sage to  the  House  of  Representatives  proposing  an  Amendment  in  the  Bill  intituled 
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.  To  which  Colo  Cotton  returned 
with  a  Message  from  the  House  to  acquaint  the  Board  that  the  House  agree  to  their 
Amendment,  and  proposing  to  them  a  further  Amendment  in  said  Bill." — Council 
Records,  vol.  XXIIJ,.,  p.  113. 

Chap.  16.  The  campaign  of  1755,  employing  about  8000  men  from  Massachusetts, 
or,  as  was  estimated  by  the  General  Court,  about  one  fifth  of  the  male  inhabitants 
of  the  province,  was  attended  with  proportionate  expense  which  it  was  found 
impossible  to  meet  by  the  ordinary  methods  of  raising  money.  In  this  emergency 
temporary  relief  was  afforded  by  Gov.  Sliirley's  loan  of  £oO,000,  out  of  the  fund 
under  his  control  as  commander-in-chief  of  the  American  forces.  This  loan,  though 
received  after  much  delay,  enabled  the  province  to  pay  the  wages  of  the  soldiers  in 
the  expedition  of  1755  and  to  proceed  with  preparations  for  another  campaign. 
(See  1755-56,  note  to  chap.  27.)  Meanwhile,  the  Legislature  had  authorized  Mr. 
Bollan,  who  had  previously  held  the  office,  and  who  on  the  thirtieth  of  October, 
1755,  had  been  again  appointed  agent  of  the  province  in  London,  to  effect  a  loan  in 
Europe  (see  1754-55,  cliap.  33),  and  also  to  apply  to  the  Crown  for  relief. 

Discouraged  at  the  poor  prospect  of  negotiating  a  loan,  Mr.  Bollan  made  no 
attempt  in  that  direction,  but  immediately  addressed  himself  with  energy  to  the 
task  of  procuring  a  grant.  Beginning  with  an  application  for  £23,000  to  the  Lords 
Justices,  which  the  secretary  of  that  board  thought  it  more  proper  to  lay  before  the 
Lords  of  the  Treasury,  he  next  applied  to  the  Duke  of  Newcastle,  who  was  first 
Lord  Commissioner  of  the  Treasury,  as  well  as  one  of  tlie  Lords  Justices,  and 
through  him  succeeded  in  having  his  application  considered  by  the  Lords  of  the 
Treasury.  Tliey  directed  him  to  wait  on  the  Secretary  of  State,  who  objected  that 
the  petition  should  have  been  laid  before  the  Lords  of  Trade.  Accordingly,  he 
waited  on  Lord  Halifax,  secretary  of  the  Board  of  Trade,  who  was  clearly  of 
opinion  that  a  grant  of  this  character  was,  primarily,  a  subject  for  the  consideration 
of  the  Lords  of  the  Treasury  and  the  Secretary  of  State.  Again  applying  to  the 
Secretary  of  State,  after  overcoming  his  objections  that  the  petition  was  too  "general, 
&c.,  the  Agent  secured  his  favorable  consideration  of  the  subject  and  increased 
the  amount  asked  for,  to  £50,000,  having,  since  the  presentation  of  the  lirst  petition, 
received  advices  of  further  enlistments  in  the  province.  The  Earl  of  Halifax 
warmly  engaged  in  assisting  him,  and  was  at  first  inclined  to  send  a  sum  of  money 
as  an  immediate  aid  to  all  the  colonies.  He  suggested  to  Mr.  Bollan  the  propriety 
of  applying  for  the  common  benefit  of  the  four  New-England  colonies  and  not  for 
Massachusetts  alone, — thewis<lom  of  which  course  the  latter  approved,  although  his 
instructions  did  not  authorize  him  to  follow  it.  At  this  stage,  it  appeared  that  there 
was  no  fund  from  which  such  a  grant  could  be  taken,  and  it  was  thereupon  agreed 
by  the  Ministry  that  letters  should  be  sent  to  the  Governors  of  the  four  New-Eng- 
land colonies  assuring  them  of  his  Majesty's  approbation  of  "  the  chearfulness  and 
alacrity  with  which  they  had  enter'd  upon  the  expedition  and  the  spirit  and  vigour 
with  which  they  had  supported  it;  that  his  majesty  being  sensible  the  expence  of  it 
exceeded  their  abilities  he  would  recommend  it  to  his  parliament  to  grant  them 
such  aid  and  assistance  as  their  merit  and  circumstances  required  and  such  as 
shou'd  be  sufficient  to  enable  them  to  go  on  with  vigour,  and  assuring  them  of  his 
majesty's  favour  and  protection."  Accordinglj^  Feb.  3,  1756,  parliament  granted 
£115,000  to  "  New  England,  New  York  and  Jersey."  (See  resolves  of  the  House  of 
Commons.)  Of  this  sum  the  share  of  Massachusetts  was  £54,000,  which  was  shipped 
before  April  175(i,  but  never  reached  the  treasurj' — £30,000  thereof  going  directly 
to  Gov.  Shirley  in  repayment  of  his  loan,  and  the  remainder  being  turned  over  to 
the  army  contractors  at  New  York. 

A  letter  from  Mr.  Secretary  Fox,  dated  March  13, 1756,  gave  assurance  that  stores 
and  provisions  of  all  kinds  for  the  whole  army  employed  in  the  campaign  of  1756 
should  be  provided  at  the  sole  expense  of  the  Crown,  and  that  the  raising  of  the 
men,  their  pay,  arms  and  clothing,  were  all  that  would  be  required  of  the  province. 
(See  1757-58  chap.  30,  note.)  This  letter  was  communicated  to  the  Assembly  by 
Lieut. -Gov.  Phips  on  the  first  of  July;  Init  the  province  had  already  iiurchased  six 
months  provisions  for  victualling  the  Massachusetts  forces,  at  an  expense  of  nearly 
£30,000,  and,  in  the  vacation  before  the  July  session,  iSIr.  Hutchinson  had  informed 
Mr.  Bollan  of  this  expense  and  intimated  that  a  reimbursement  of  the  value  of 
these  provisions  would  bo  a  great  relief  to  the  province,  in  view  of  the  other 
expenses  attending  the  expedition. 

Mr.  Bollan  promi^tly  brought  the  subject  to  the  attention  of  the  Earl  of  Halifax 
who  entertained  it  favorably,  but  advised  delay.  In  October  he  again  moved  in 
the  matter,  presenting  to  the  Duke  of  Newcastle  a  memorial  which,  through  his 
efforts,  was  considered  by  the  Lords  of  the  Treasury  and  referred  by  them  to  the 
Board  of  Trade.  The  business  being  again  delayed  here  by  the  want  of  necessary 
information  from  the  other  departments,  INIr.  Bollan  had  recourse  to  the  Secretaries 
of  the  Treasury  and  to  the  Chancellor  of  the  Exchequer,  l)nt  without  success; 
owing,  partly  to  the  press  of  business  in  the  Treasury  department,  and  partly  to 
changes  in  the  administration. 

After  nearly  fourteen  months'  application  to  the  diiferent  departments,  Mr.  Bol- 
lan, vipon  the  accession  of  the  new  ministry  of  Newcastle  and  Pitt,  addressed  a 
petition  for  reimbursement,  to  the  King  in  Council,  which  he  presented  to  Mr. 
Secretary  Pitt,  with  a  letter,  dated  Decemljer  24,  1757,  giving  his  reasons  for  apply- 
ing in  this  manner.  The  presentation  of  this  petition  was  somewhat  delayed  by 
the  Agent's  failure  to  receive  proper  vouchers  from  the  province,  they  not  having 


346  Peovince  Laws. — 1759-60.  [Notes.] 

arrived  as  late  as  the  eleventh  of  June.  Within  a  month  after  its  presentation  this 
petition  had  reaclied  the  Lords  Commissioners  of  the  Treasury, -and  had  been 
referred  by  them  to  the  Paymaster-General  and  the  Secretary  at  War,  with  instruc- 
tions to  inquire  into  the  demand,  and  hear  Mr.  Bollan;  Mr.  Pitt  expressing  the 
•  hope  that  the  purpose  of  this  reference  was  "that  the  validity  and  exactness  of 
Mr.  BoUan's  account  be  enquired  into,  and  not  the  justness  of  his  pretensions." 
By  March  20,  1758,  a  favorable  report  bad  resulted  from  this  reference,  and  by  the 
19thof  the  next  month  the  Chancellor  of  the  Exchequer  had  mentioned  the  subject 
to  the  House  of  Commons,  where,  on  the  31st  of  May,  it  was  referred  to  the  com- 
mittee on  supplies,  and,  the  next  day,  a  resolve  was  passed  granting  the  province 
£27380. 19.S  ll|tl  sterling. 

Although  Mr.  Bollan  had  performed  the  duties  of  his  ofSce  with  marked  ability, 
the  delays  attending  the  routine  of  official  action  in  the  diiferent  departments  of 
the  government  caused  dissatisfaction  among  his  constituents,  which  manifested 
itself  strongly  in  the  House  of  Representatives  towards  the  close  of  these  negotia- 
tions. By  his  address,  his  intimate  knowledge  of  the  history  and  claims  of  the 
province,  his  personal  acquaintance  with  officers  of  state,  his  legal  acquirements 
and  his  familiarity  with  the  methods  of  proceeding  in  the  management  of  the  deli- 
cate and  difficult  duties  with  which  he  was  intrusted,  he  had  actually  lessened  the 
delays  which  were  ignorantly  attributed,  by  his  opponents,  to  his  indifference  or  to 
a  too  literal  adherence  to  his  instructions. 

As  early  as  January,  1758,  an  order,  which  originated  in  the  House,  was  passed 
by  the  Assembly,  appointing  a  committee  to  prepare  a  letter  to  Mr.  Bollan  notifying 
him  of  their  intention  to  supply  his  place  with  some  inhabitant  of  Great  Britain 
for  the  ostensible  reason  that  they  would  thus  be  saved  the  expense  of  his  living, 
which  Bollan  claimed  in  addition  to  his  salary,  but  other  aiTairs  of  great  moment 
having  arisen,  this  vote  was  succeeded,  two  months  later,  by  another,  requesting 
Mr.  Bollan  not  suddenly  to  leave  Great  Britain  notwithstanding  the  former  vote. 
With  a  copy  of  the  latter  vote  further  instructions  were  sent  to  the  Agent. 

In  the  next  Assembly  a  bill  was  passed  by  the  House  to  be  engrossed,  appointing 
Messrs.  Barlow  Trecothick,  John  Apthorp  and  John  Thomlinson,  Jr.,  who  were 
eminent  merchants  in  London,  to  act  with  the  Agent  in  recei\iiig  and  forwarding 
the  provision  money,  but  this  bill  was  unanimously  refused  a  second  reading  by 
the  Council.  On  the  same  day,  however,  (June  15,  1758)  a  vote  was  passed  origi- 
nating in  the  Council,  which  empowered  the  Secretary  of  the  province  and  the 
Speaker  of  the  House  to  execute  an  instrument,  wliich  the  Governor  was  also 
requested  to  sign  officially,  authorizing  Mr.  Bollan,  as  agent,  to  receive  the  money 
and  give  a  valid  discharge  therefor,  "and  directing  him  to  ship  the  same  to  New 
England  by  one  his  Majesty's  ships  of  war.  This  power  of  attorney  was  given  in 
conformity  to  the  opinion  of  the  former  attorney-  and  solicitor-general  (llyder  and 
Murray)  in  1748,  that  the  province,  being  a  corporation,  could  only  act  by  such  an 
instrument, — the  Lords  of  the  Treasury  at  that  time  having  submitted  the  question 
whether  the  authority  of  the  several  agents  to  receive  the  money  granted  to  reim- 
burse the  expenses  of  the  reduction  and  occupation  of  Cape  Breton  was  sufficient; 
some  of  the  agents,  among  them  the  agent  for  Massachusetts,  claiming  to  act  solely 
under  mere  votes  of  their  respective  Assemblies. 

From  the  postscript  of  a  letter  from  Mr,  Bollan,  dated  August  16, 1758,  it  appears 
that  the  money  granted  had  been  received  by  him,  and  that,  after  sundry  deduc- 
tions for  freight,  insurance,  etc.,  and  the  grant  (which  had  been  long  deferred)  to 
the  Agent  for  his  past  services— it  was  reduced  to  the  amount  shown  in  this  act. 

Still  further  delays  followed  in  transmitting  the  money,  owing,  mainly,  to  the 
agent's  instructions  to  have  it  shipped  to  Boston  in  a  man-of-war,  and  the  im]30ssi- 
bility  of  procuring  such  a  conveyance  to  that  port. 

Mr.  Bollan's  letter  of  August  Ki,  bad  not  been  received  as  late  as  October  follow- 
ing—indeed tidings  of  the  grant  had  first  reached  the  Governor  about  the  first  of 
the  month — and  the  House  having  heard  the  report  of  a  committee  appointed  to 
examine  the  records  of  the  General  Court  relative  to  the  method  pursued  in  receiv- 
ing the  parliamentary  grant  of  1748  (see  Journals  of  the  House  of  Commons,  April 
4,  1748)  deemed  it  necessary  to  pass  formal  votes  that  the  expected  provision-money 
should  be  imported  into  the  province  in  specie,  and  that  Mr.  Bollan  should  be 
empowered  to  receive  it  in  behalf  of  the  iirovince.  By  the  vote  of  June  15,  no 
authority  was  expressly  given  to  the  committee  appointed  to  prepare  the  power  of 
attorney  to  use  the  name,  or  affix  the  seal,  of  the  province;  and,  apparently  for  the 
I)urpose  of  remedying  this  defect,  the  House  now  voted  that  the  Governor,  the  Sec- 
retary and  the  Speaker  of  the  House  be  authorized  to  prepare  a  power  of  attorney 
in  the  name  and  under  the  seal  of  the  ]irovince.  The  Council  concurred  with  an 
amendment  striking  out  the  names  of  the 'Secretary  and  the  Speaker,  whereupon 
the  House  took  into  consideration  the  subject  of  continuing  Mr.  Bollan  in  the 
agency,  and  voted  to  dismiss  him.  In  this  A'ote  the  Council  refused  to  concur.  A 
committee  of  the  House  apiiointed  to  confer  with  Mr.  Charles  Apthorp,  the  con- 
tractor for  furnishing  money  for  the  army,  having  rejiorted  that,  although  Mr. 
Apthorp  could  not  undertake  to  receive  and  transport  the  money,  he  had  recom- 
mended for  that  ]iurpose  the  employment  of  his  friends,  Messrs.  Trecothick, 
Apthorp  and  Thomlinson  above  mentioned  for  whose  fidelity  he  was  willing  to  give 
security;  that  he  assured  the  committee  that  these  gentlemen  would  transact  the 
business  for  one  per  cent  commission,  and  that  ho  would  use  his  influence  with 
them  to  have  the  money  sent  by  the  same  conveyance  that  was  to  bring  the  money 
for  the  pay  of  the  army  (which  money  was  expected  in  March  1759),  thus  effecting 
a  saving  in  insurance,  freight  and  shipping-charges;  and,  moreover,  that  if  the 
money  could  not  be  shipped  directly  to  Boston,  he  would  take  it  at  Louisbourg, 
Halifax  or  New  York,  and  pay  a  like  sum  in  Boston. 


[Notes.]  Pkovince  Laws. — 1759-60.  317 

Mr.  Apthorp's  suggestions  were  favorably  received  by  the  House,  and  accord- 
ingly they  fell  back  upon  their  former  vote,  to  which  they  now  voted  to  adhere 
'•  with  amendments  as  taken  into  a  new  draught."  In  the  new  draught  the  same 
committee  as  before  was  enapowered  to  prepare  the  instrument,  but  the  names  of 
Messrs.  Trecothick,  Apthorp  and  Thomlinson  wei-e  substituted  for  that  of  Mr. 
Bollan,  and  they,  or  any  two  of  them,  were  authorized  to  receive  and  give  proper 
discharges  for  the  provision-money,  in  behalf  of  the  i^rovince  and,  having  first 
insured  the  same,  were  directed  to  send  it  on  board  one  of  his  Majesty's  ships 
bound  either  to  Boston,  Halifax,  Louisbourg  or  New  York,  consigned  to  the  Treas-  ^ 

urer  of  the  province,  for  the  time  being.  The  Council  refused  to  concur  in  this  vote 
on  the  ground  that  the  vote  of  June  15th  "  still  remains  in  force  and  may  be  effect- 
ual for  this  purpose."  The  Council  further  voted  that  the  Secretary  write  to  Mr. 
Bollan  that,  as  his  commission  as  agent  "  limits  his  j^ower  to  certain  special  pur- 
poses therein  mentioned,  and  to  such  other  matters  which  the  General  Court 
might  commit  to  his' care  and  management  jjursuant  to  such  instructions  as  he 
might  from  time  to  time  receive  from  them  ",  "  the  Court  expects  that  he  conduct 
himself  accordingly."  In  this  vote  the  House  refused  to  concur,  adhering  to  their 
own  vote,  and  the  Council  again  nonconcurred  in  the  last  vote  of  the  Representa- 
tives. 

No  further  action  in  the  matter  appears  to  have  been  taken  by  the  Assembly 
until  after  the  receijat  of  Mr.  Bollan's  letter  of  Aug.  1(3.  This  letter  was  communi- 
cated to  the  House  of  Representatives  Jan.  5,  1759,  and,  on  the  18th,  a  vote  was 
passed  directing  Mr.  Bollan  to  ship  the  money  in  accordance  with  certain  instruc- 
tions, a  draught  of  which  was  prepared  and  accepted  two  days  later.  By  these 
instructions  the  agent  was  directed  to  ship  the  money  in  Johannes  of  full  weight, 
or,  if  these  could  not  be  obtained,  in  other  Portuguese  or  Spanish  gold,  to  the 
province  Treasurer  at  Boston,  by  a  man-of-war,  or,  in  failure  of  any  such  ship's 
departure  direct  for  Boston,  he  was  to  apply  to  the  Lords  of  the  Admiralty  for  per- 
mission to  shiii  the  same  on  any  government  vessel  bound  to  New  York,  Halifax 
or  Louisbourg  and  to  ask  for  orders  for  the  ship  to  proceed  to  Boston  after  deliver- 
ing her  dispatches  at  either  of  the  other  ports  for  which  she  might  be  bound. 

The  impossibility  of  securing  such  cooperation  by  the  Lords  of  the  Admiralty  as 
would  enable  the  Agent  to  complj'  with  his  instructions,  further  delayed  the  ship- 
ment of  the  money;  so  that  the  first  notice  that  the  money  was  shipped  appears  in 
a  letter  from  Mr.  Bollan  dated  October  12,  1759.  It  was  consigned  to  the  province 
Treasurer,  on  board  the  Mercury,  Capt.  Faulkner,  who  was  ordered  to  proceed  to 
New  York  on  other  business,  and  thence  to  Boston. 

In  the  mean  time  the  General  Court,  not  being  aware  of  this  action  of  the  Agent, 
prepared  a  letter  to  him,  in  which,  after  setting  forth  the  great  inconvenience  to 
which  the  province  had  been  subjected  by  the  non-arrival  of  the  money,  and 
declaring  that  they  "can't  avoid  thinking  that  if  the  Lords  of  the  Admiralty  had 
been  properly  informed  how  much  the  receipt  of  this  money  (tho'  a  small  sum 
compared  with  our  great  expence)  would  have  been  a  means  of  promoting  his 
Majesty's  general  service,  they  would  have  consented  that  a  man-of-war  should 
have  proceeded  with  it  from  some  of  the  neighbouring  government  to  Boston, 
tho'  she  might  have  lost  a  week  or  ten  days'  time," — they  order  that  the  money,  in 
Spanish  or'Portuguese  milled  gold,  be  shipped  to  Boston,  Louisbourg  or  Halifax 
or  to  the  government  of  New  York  or  New  Hampshire  by  the  first  safe  conveyance 
in  one  of  his  Majesty's  ships-of-war,  consigned  to  the  province  Treasurer  or  to  his 
assigns,  and  properly  insui'ed. 

On  the  ofti  of  December  17.59,  the  Mercury  had  arrived  and  there  were  deposited, 
that  day,  in  the  province  treasury,  to  the  credit  of  Mr.  Bollan,  on  account  of  the 
provision-monej^,  10,424^  Johannes  and  1414\  moidores  which  amounted — the  former 
being  reckoned  at  3G  shillings,  and  the  latter  at  27  shillings  each— to  £  20,(380,  17,  6, 
sterling. 

"Jan.  9,  17G0.  In  the  House  of  Representatives  Whereas  the  Treasurer  has 
received  from  M^  Agent  Bollan  Twenty  thousand  six  hundred  and  eighty  pounds 
seventeen  shillings  and  six  i)ence  Sterling  equal  to  Twenty  seven  thousand  five 
hundred  seventy  four  pounds  ten  shillings  lawful  Money,  which  Money  is  unappro- 
jiriated.  Resolved  That  tho  said  Sum  be  applyed  for  the  Payment  of  the  Oflicers 
and  Soldiers  employed  in  the  late  Expetlition  under  General  Amherst. 

And  Whereas  by  an  Act  made  in  October  1759  the  Treasurer  was  directed  to 
borrow  the  Sum  of  One  hundred  forty  *  fliousand  five  hundred  Pounds  and  issue 
Government  Notes  for  Sixty  thousand  Pounds  part  of  said  Sum  payable  the  20 
June  1761,  and  as  a  Fund  for  the  redemption  of  said  Notes  a  Tax  was  granted  to 
his  Majesry  to  be  levyed  on  Polls  and  Estates  in  ;May  17(50  for  Sixty  four  thousand 
Pounds.  Therefore  further  Resolved  That  the  Treasurer  be  and  hereby  is  directed 
to  borrow  but  Thirty  two  thousand  four  hundred  and  twenty  five  pounds  ten  shil- 
lings instead  of  the  aforesaid  Sum  of  Sixty  thousand  pounds  and  that  the  Tax 
that  was  to  have  been  issued  for  sixty  four  thousand  Pounds  if  the  said  money  had 
not  arrived  be  but  for  thirty  five  thousand  Pounds.  And  Ordered  that  a  Bill 
be  brought  in  accordingly.  In  Council.  Read  and  Concurred." — Council  Records, 
vol.XXUI.,}}.  157. 

Chap.  17.  "  Sir,  I  Come  now.  Sir,  to  make  You  the  same  requisition  I  did  last 
year  upon  my  Entring  on  the  General  Command;  for  altho  I  have  not  at  present, 
no  more  than  I  had  then,  any  particular  Orders  relative  to  the  Operations  of  the 
Ensuing  Campaign,  Yet  I  am  Certain  it  must  be  of  Infinite  Service  to  the  Public 
Cause,  that  the  Province  of  the  Massachusetts  Bay,  should  keep  up,  diuing  the 

*  <SJc.—"  four  "  omitted. 


348  Pkovince  Laws.— 1759-60.  [Notes.] 

Winter,  tlie  same  Number  of  Officers  and  Men,  that  its  Assembly  Voted  for  the 
Operations  of  this  last  Campaign." — Extract  from  Gen.  Amherst's  letter  to  Gov. 
J'oivnall,  Dec.  13,  1759:  3Iass.  Archives,  vol.  78,  p.  662. 

"  I  am  commanded  to  signifj'  to  you  The  King's  Pleasure,  that  you  do  forthwith 
use  your  utmost  Endeavours  &  Influence,  with  tlie  Council  &  Assembly  of  your 
Province  to  induce  them  to  raise,  with  all  possible  Dispatch,  within  your  Govern- 
ment, at  least  as  large  a  Body  of  Men,  as  They  did  for  the  last  Campaign,  and 
even  as  many  more,  as  the  Number  of  It's  Inhabitants  may  allow,  &,  forming  the 
same  into  Regiments,  as  far  as  shall  be  found  convenient,  that  you  do  direct  them 
to  hold  Themselves  in  readiness,  as  early  as  may  be,  to  march  to  the  Rendezvous 
at  Albany,  or  such  other  Place,  as  His  Majesty's  Commander  in  Chief  in  America 
shall  appoint,  in  order  to  proceed  from  thence,  in  Conjunction  with  a  Body  of  the 
King's  British  Forces,  &  under  the  Supreme  Command  of  His  Majesty's  said  Com- 
mander in  Chief  in  America,  so  as  to  be  in  a  Situation  to  begin  the  Operations  of 
the  Campaign  by  the  first  of  May,  if  possible,  or  as  soon  after  as  shall  be  any  Way 
practicable;  by  an  Irruption  into  Canada." — Extract  from  Sec.  Pitt's  letter  to  Gov, 
Foivnall,  Jan.  T,  17(50:  Mass.  Archives,  vol.  22,  p.  121. 

"  Having  therefore  taken  into  Consideration  the  Circumstances  of  those  Troops 
belonging  to  and  in  the  Pay  of  this  Province,  whicli  ai'e  doing  duty  at  Louisbourgh 
Halifax  and  Lunenburgh,  and  do  intirely  garrison  Annapolis,  Fort  Cumberland 
at  Chignecto,  and  Fort  Frederick  at  S'  Johns,  You  will  consider  of  making  the 
earliest  Provision  for  those  who  may  be  further  wanted  for  the  Operations  of  the 
ensuing  Campaign,  so  that  they  may  be  ready  at  the  first  Call." — Extract  from,  Gov. 
Povrnall's  speech,  Jan.  2,  17(30:  C'otincil  Records,  vol.  XXIII.,  p.  144. 

"  Jan.  25, 1760.  The  Report  of  a  Committee  appointed  to  take  under  considera- 
tion those  parts  of  his  Excellency's  Speech  at  the  Opening  of  the  Session  which 
were  directed  to  both  Houses. 

The  Committee  have  proceeded  so  far  as  to  consider  the  several  matters  recom- 
mended by  his  Excellency  relative  to  the  Forces  in  the  Pay  of  this  Province  and 
now  in  Service  at  Louisbourgh  and  Nova  Scotia  and  also  to  the  making  Provision 
for  raising  Forces  for  the  ensuing  Year — 

With  respect  to  the  Forces  at  Louisbourgh  and  Nova  Scotia  the  Committee  are 
humbly  of  Opinion  Tliat  a  Bounty  or  Reward  of  Four  Pounds  be  given  to  each  of 
the  Private  men  and  One  months  pay  to  each  Officer  who  remained  in  Garrison 
after  the  first  day  of  November  last  and  still  continue  there  over  and  above  their 
established  Wages,  and  that  the  Wages  of  all  such  Officers  and  Soldiers  be  continued 
according  to  the  present  Estalilishment  until  the  first  day  of  May  next,  or  until  the 
time  of  their  discharge  in  case  they  shall  be  discharged  before  the  said  first  day  of 
May. 

That  the  continuance  of  such  Establishment  be  so  understood  as  in  no  measure 
to  remove  or  lessen  the  desire  and  expectation  of  the  two  Houses  that  the  General 
of  His  Majesty's  Forces  in  North  America  do  cause  the  Forces  now  in  the  Pay  of 
this  Province  to  be  discharged  and  returned  as  soon  as  the  Season  of  the  year  will 
allow. 

With  respect  to  the  Provision  for  raising  men  for  the  ensuing  Year  the  Commit- 
tee are  of  Opinion  That  a  Bounty  of  nine  Pounds  be  given  to  each  private  Soldier 
and  non  commission  Officer  now  in  the  Service  at  Louisbourgh  and  the  several 
posts  and  Forts  in  Nova  Scotia  who  shall  inlist  anew  for  his  Majesty's  General 
Service  the  ensuing  year,  the  Bounty  to  be  paid  in  the  manner  following  viz'  Five 
dollars  at  the  time  of  their  inlisting.'five  dollars  more  with  a  Province  Security  of 
six  pounds  at  their  passing  Muster,  which  Muster  shall  be  as  soon  after  their 
Inlistment  as  it  can  be  conveniently  done;  this  to  be  considered  as  over  and  above 
the  Four  pounds  reward  given  as  aforesaid. 

That  over  and  above  the  number  of  Men  who  may  thus  inlist  at  Louisbourgh  and 
Nova  Scotia  a  Bounty  of  Nine  pounds  be  also  given  and  paid  in  the  same  manner 
and  at  the  same  time  as  to  those  who  shall  inlist  at  either  of  the  above  said  places 
to  Five  thousand  men  including  Officers  who  shall  inlist  for  said  Service  at  any 
time  before  the  fifteenth  day  of  March  next;  siich  Officers  to  be  Inhabitants  of  this 
Province,  the  Privates  and  non-commission  Officers  only  of  said  five  thousand  men 
to  be  intitled  to  tliis  Bounty. 

That  the  Establishment  for  one  Captain,  two  Lieutenants  and  an  Ensign  be  the 
same  as  it  was  the  last  year,  each  Company  consisting  of  an  hundred  Men  includ- 
ing Officers  that  their  Wages  shall  begin  from  the  date  of  their  inlisting  Orders, 
and  that  for  evei-y  effective  man  whom  tliey  shall  inlist  they  be  allowed  and  paid 
three  shillings,  but  they  are  to  be  accountable  for  the  money  they  shall  pay  to  any 
non-effective  man  who  was  so  at  the  time  of  his  Inlistment. 

And  as  to  the  Wages  of  the  men,  the  Committee  are  of  opinion  that  they  be  the 
same  they  were  the  last  year,  and  tliat  they  enter  into  pay  at  the  time  of  their 
passing  muster. 

That  to  each  man  there  be  given  when  he  shall  begin  his  march  a  Blanket  and 
such  other  Articles  as  were  given  the  last  year,  saving  only  that  such  Blanket 
and  other  Articles  shall  be  given  to  the  Men  who  shall  inlist  at  Louisbourgh  and 
Nova  Scotia  at  the  time  when  the  other  men  in  Service  at  the  several  Posts  there 
shall  be  respectively  relieved. 

That  the  Men  shall  not  be  held  to  continue  in  Service  beyond  the  last  day  of 
November  next,  and  shall  be  discharged  as  much  sooner  as  the  Service  will  Admit. 

With  respect  to  the  matters  recommended  by  his  Excellency  and  which  relate  to 
Penobscot  the  Committee  desire  leave  to  sit  again. 

All  which  is  Submitted  in  the  name  of  the  Committee 

T.   HUTCHIKSON 

In  Council.    Read  &  Sent  down — 


[Notes.]  Province  Laws.— 1759-60.  349 

In  the  House  of  Representatives.  Read  and  Accepted  as  taken  into  a  new  dratt 
— (viz'  as  above) 

In  Council.    Read  and  Concurred — Consented  to  by  the  Governor." — Ibid.,  p.  207. 

"  Feb.  13, 1760.  In  the  House  of  Representatives  Voted  That  the  several  notes 
given  by  the  Treasurer  to  those  persons  who  shall  appear  to  lend  the  money  upon 
the  last  Supply  to  pay  the  Bounty  to  those  Soldiers  who  shall  inlist  in  the  intended 
Expedition  against  Canada  shall  bear  date  this  present  day. 

In  Council  Read  and  Concurred     Consented  to  by  the  Governor." — Ibid.,  p.  276. 

Chap.  19.  "  Jan.  30,  1760.  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. 

After  the  Court  has  engaged  so  large  a  Bounty  for  recruits  enlisting  in  the  pres- 
ent Expedition  to  Canada,  it  much  behoves  your  Wisdom  as  far  as  in  you  lies  to 
take  care  that  the  Province  is  not  defraudecl  of  the  Services  it  pays  so  dear  for, 
which  if  some  further  Provision  be  not  made  as  to  Desertion  will  lie  the  Case  in 
many  Instances,  not  only  without  Remedy,  but  with  very  considerable  addition  to 
the  expences  of  the  Province. — 

For  as  matters  now  stand  a  Deserter,  tho  he  does  not  serve  one  quarter  of  the 
time  shall  cost  the  Province  besides  the  trouble  he  occasions  four  or  five  pounds 
more  than  the  honest  and  faithful  Soldier  who  serves  his  whole  time.  For  as  the 
Articles  of  War  provide  for  the  P.unislnuent  of  Deserters  when  joined  to  the  Army, 
our  Laws  iirovide  only  for  the  apprehending  securing  and  transporting  to  their 
Regiments  or  Companies  such  Deserters,  there  (as  is  supposed  to  receive  the  Pun- 
ishment allotted  to  such  Delinquency. — The  Punishment  of  Desertion  is  Death,  or 
in  its  greatest  Lenity  such  severe  Corporal  Punishment  as  is  next  to  it,  and  if  a 
deserter  be  returned  to  the  Army  as  such,  he  must  suffer  that  Punishment.  When 
tlierefore  Deserters  have  been  taken  up,  and  sent  by  my  Orders  to  the  Castle  or 
other  place  in  order  to  be  transported  to  his  Regiment  or  Company  according  to 
Law,  I  never  could  prevail  on  myself  to  send  them  as  Deserters,  by  which  means 
they  have  escaped  all  Punishment;  and  indeed  were  this  severe  Punishment  inflict- 
ed on  them  however  much  they  may  have  deserved  it,  the  Country  itself  would 
very  unwillingly  discover  or  apprehend  such  Deserters— Therefore  as  the  case  now 
stands  as  Deserter  will  defraud  his  Country  of  his  Service  as  long  as  he  can  lye 
concealed,  and  when  he  is  discovered,  the  Province  instead  of  Amends  for  the  Loss 
it  has  already  sustained  must  be  at  further  expence  for  the  apprehending,  securing 
and  transporting  him  for  the  small  portion  of  Service  that  remains  which  expence 
it  cannot  be  reimbursed  out  of  his  Wages,  for  if  he  be  not  returned  as  a  Deserter, 
no  Stoppages  can  be  made  on,  his  Wages,  and  if  he  be  returned  as  a  Deserter,  he 
has  no  Wages  to  receive. 

Under  this  Dilemma  I  would  propose  to  the  Court  on  the  present  Occasion  as 
follows — That  if  any  man  receiving  the  province  Bounty  be  duly  inlisted  and  dos 
not  join  his  Company  or  Regiment  when  called,  such  Delinquent  shall  at  any  time 
hereafter  when  or  wherever  he  can  be  found  within  this  Province  be  apprehended, 
secured  and  sent  to  the  Castle  or  such  other  Place  as  I  shall  order" according  to  the 
present  Laws;  That  the  reward  for  taking  up,  securing  and  transporting  him  shall 
be  advanced  out  of  the  Province  Treasury.  That  then  I  shall  be  empowered  if  I 
see  cause  so  to  do,  ratlier  than  to  send  him  to  the  Army  to  send  such  Delinquent 
to  some  of  the  Province  Gan-isons  there  to  do  duty  without  pay  until  He  shall  have 
reimbursed  the  Province  by  his  Service  at  the  rate  of  Garrison  Pay  the  £9 — 
Bounty,  the  £2  Reward  for  taking  him  up,  and  all  other  Charges  that  the  Province 
hath  been  at  by  him,  and  may  be  at  in  transporting  him  thereto. 

I  should  hope  this  might  much  more  effectually  answer  the  end  of  preventing 
such  fraudulent  desertions  rather  than  the  severe  Penalties  of  Felony  as  is  the 
case  if  such  Delinquent  be  tried  within  the  Province,  or  of  Death  or  of  extreeme 
military  Punishment  if  tryed  in  the  Army;  Besides  the  Province  will  avoid  the 
additional  Expence  which  such  Deserters  put  it  to,  having  instead  thereof  a  good 
method  of  reinibui'sing  itself  the  same;  And  as  every  one  will  see  that  such  Pun- 
ishment is  not  too  harsh,  but  what  every  such  Offender  do's  fully  deserve,  it  will 
be  the  inclination  as  well  as  duty  of  every  one  to  discover  and  bring  him  to  it. 

Jany  29  1760.  T.  Pownall." — Council 

Records,  vol.  XXIII.,  p.  228. 

Chap.  22.  "Jan.  21,  1760.  A  Petition  of  Elnathan  Rew,  Peter  Sharp,  Daniel 
Hunger,  Phineas  Nash,  William  Bronson,  John  Henton,  Benajah  Warner,  Stephen 
Kellog  Daniel  Stephen  Kelog,  Ehenezer  Andross,  Anthony 

Hoskins  and  Bartho  Barret  Inhabitants  of  Land  lying  West  of  the  upper  Propri- 
ety or  Township  of  Sheifeild  Praying  they  may  be  annexed  to  the  Parish  in  upper 
Sheffeild  and  with  them  to  be  made  one  intire  Parish. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Prayer  of  this 
Petition  be  granted,  and  that  the  Petitioners  be  annexed  to  the  said  Upper  Parish 
of  Sheffeild  there  to  do  duty  and  receive  Priviledge. 

In  Council.  Read  and  Concurred.  Consented  to  by  the  GoYexuov."— Council 
Records,  vol.  XXIII. ,  p.  190. 

Chap.  23.  "  Jan.  30, 1760.  A  Petition  of  Sylvester  Gardiner  and  Others  a  Com- 
mittee of  the  Kennebeck  Purchase  (so  called)  Setting  forth  That  they  have  been  at 
great  cost  in  bringing  forward  the  Settlement  of  a  jilace  called  Franckfort  on 
Kennebeck  River,  and  that  the  Inhabitants  of  said  place  are  now  greatly  increased. 
And  Praying  that  the  same  may  be  incorporated  into  a  New  TownshiiJ  by  certain 
Bounds  in  said  Petition  mentioned. 


350  PEOvmcE  Laws.— 1759-60.  [Notes.] 

In  Council.  Read  and  Ordered  That  the  Petitioners  have  liberty  to  bring  in  a 
Bill  for  the  purposes  mentioned  in  their  Petition. 

In  the  House  of  Kepresentatives.  Read  and  Concurred." — Council  Records,  vol. 
XXIIL,  p.  230. 

"  Boston  Nov  23, 1759. 
My  Lords, 

By  the  40"»  Article  of  His  Maj'J"^  Instructions  to  me  I  am  forbid  to  pass  any  Bill 
creating  any  New  Townships.  The  inconvenience  meant  to  be  obviated  by  said 
Instruction  was  the  unequall  and  unjust  representation  that  it  might  thereby  be  in 
a  Governor's  power  to  create  in  the  Assembly;  But  as  the  Province  of  Main  con- 
taining at  present  the  County  of  Yorlc  is  now  daily  increasing  in  its  Townships  in 
Its  Proprietors  in  its  cultivation  and  populousness  and  is  as  a  Frontier  (divided  off 
from  the  Massachusetts  Province)  greatly  concern'd  that  it  shou'd  have  its  full 
share  of  representation  in  the  Assembly,  which  it  by  no  means  has,  I  have  been 
applyed  to  erect  such  Townshiiis  by  Act  as  may  create  such  equal  representation. 
I  humbly  beg  leave  to  submit  the  matter  to  Your  Lordships  and  ask  your  direction 
therein 

I  have  the  Honor  to  be  my  Lords 
Your  Lordships 

most  obed'  &  most  humtiie  Serv* 

T.  Pownall" — Gov.  Pownall 
to  Lords  of  Trade:  "Mass.  Bay,  B.  T.,"  vol.  7G.,  I.i.,  84,  in  Public-Record  Office. 
"  Wednesday,  January  30**1  ITUO. 
At  a  Meeting  of  His  Majesty's  Cominissrs  for  Trade  &  Plantations. 

Present 
Earl  of  Halifax 
Mr  Jenyns.  M""  Hamilton. 

Mf  Sloper.  M^  Bacon. 

Read  tha  following  Letters  and  Papers  received  from  Thomas  Pownall  Esq""*, 
Governor  of  the  Missachusets  Bay,  viz: — 

^  ^  ^  ^  ¥^  '^ 

I  Letter  from  GoV  Pownall  to  the  Board  dated  Nov.  23,  1759,  acquainting  their 

Lordships  that  application  has  been  made  to  him  for  the  erection  of  some  new 
Townships  in  the  Province  of  Main  and  desiring  their  directions. 

Their  Lordships  upon  consideration  of  the  40tii  Article  of  His  Maj'y'^  Instructions 
to  the  Governor  of  the  Massachusets  Bay  referr'd  to  in  the  Governor's  letter  of 
the  23'"<i  of  November,  and  also  of  what  is  mentioned  in  his  Letter  of  the  22n<i  in 
reference  to  the  House  of  Representatives  not  admitting  of  a  suspending  Clause 
to  be  inserted  in  their  Laws,  were  of  opinion  that  it  would  not  be  adviseable  to 
move  His  Majesty  to  make  any  alteration  in  that  Instruction. 

Ordered  that  the  Draught  of  a  letter  to  the  Governor  of  the  Massachusets  Bay 
in  answer  to  those  received  from  him,  be  prejiared: 

^  ^  H^  ^  ^  7^ 

Dunk  Halifax." — "  Trade  Papers," 
vol.  62,  p.  24,  in  Public-Record  Office. 

"  The  grounds  and  reasons  upon  which  the  fortieth  Article  of  His  Majesty's 
Instructions  to  you,  concerning  the  passing  Laws  for  erecting  new  Townships  and 
giving  them  a  Privilege  of  choosing  Representatives,  appear  to  us  so  just  and  neces- 
sary, and  the  direction  of  that  Instruction  by  which  the  Crown  has  reserved  to  itself 
the  Judgment  upon  all  such  Laws  before  they  take  eifect,  to  be  so  consistent  with 
■wisdom  and  true  policy,  that  We  cannot  advise  His  Majesty  to  make  any  alteration 
therein. 

Nor  will  this  Instruction  appear  less  favourable  to  the  interests  and  inclination 
of  the  Representatives  of  the  People,  than  it  is  wise  and  prudent  with  resjiect  to 
the  Honour  and  justice  of  the  Crown;  when  it  is  consider'd  that  His  Majesty  might 
have  directed  his  Governor  upon  all  cases  of  this  kind  to  have  at  once  exercised 
that  Negative  which  is  vested  in  him  by  the  Charter  and  by  His  Majesty's  Commis- 
sion."— Extract  from  letter  of  Lords  of  Trade  to  Gov.  Pownall,  Feb.  6,1760:  "Mass. 
Bay,  B.T.,"  vol.  85,  p.  52,  in' Public-Record  Office. 

"  The  Secretary  is  preparing  the  several  Acts  which  have  been  passed  in  order  to 
his  forwarding  them  as  has  been  usual.  There  is  one  among  them  intitled  An  Act 
for  erecting  and  establishing  two  new  Counties  in  the  Easterly  part  of  the  County 
of  York  which  is  to  take  place  in  November  next.  This  County  of  York  is  at 
l^resent  150  Miles  in  length  which  has  been  a  great  discouragement  to  the  Settlement 
of  the  Eastern  part  of  it.  Pownalborough  lately  made  a  Township  but  without  the 
privilege  of  sending  a  Representative  is  more  conveniently  situated  than  any  other 
Settlement  for  the  Shire  Town  of  the  Easternmost  of  the  two  Counties  which  I 
have  called  Lincoln  and*  the  Bill  was  so  prepared  as  to  give  that  Town  the  same 
privilege  which  other  Towns  enjoy  but  upon  my  intimating  to  some  of  the 
Members  that  I  should  not  in  any  measure  depart  from  my  Instructions  they 
altered  the  Bill  before  it  came  to  me.  I  beg  leave  to  suggest  to  Y'our  Lordships 
that  if  in  any  case  His  Majesty  should  think  it  proper  to  allow  this  privilege  to  any 
new  Town  it  might  be  convenient  to  do  it  in  this  case  and  perhaps  to  some  few  of 
the  other  Towns  which  may  hereafter  be  erected,  otherwise  a  whole  County  will  be 
without  a  Representative  in  the  General  Court." — Extract  from  Lieut.  Gov.  Hutchin- 
son's letter  to  Lords  of  Trade,  June  29,  1760:  "Mass.  Bay,  B.T.,"  vol.  78,  L.  I.,  1,  in 
Pvhlic-Record  Office. 

"  Sir,  Inclosed  We  send  you  the  Copy  of  a  Letter  wrote  to  us  by  the  Lieut.  GoV 

*  Cumberland ;  a  line  appears  to  have  been  omUted  in  the  copy. 


[Notes.]  Peovince  Laws. — 1759-60.  351 

of  the  Massachusets  Bay,  in  the  interval  between  the  departure  of  Governor  Pow- 
nall  &  your  arrival  in  that  Government. 

Upon  consideration  of  this  letter  and  of  the  Instruction  by  which  M''  Hutchinson 
apprehended  himself  restrain'd  from  assenting  to  an  Act  for  erecting  a  new  Town- 
ship in  the  County  of  York,  witli  a  Clause  impowering  that  Township  to  send  a 
Representative  to  the  General  Court;  We  think  that  the  Instruction  was,  in  the 
spirit  and  intention  of  it,  confined  to  the  splitting  Townships  in  the  old  settled 
Counties  and  that  both  reason  and  justice  require,  that  the  Inhabitants  of  the  East- 
ern part  of  the  Province,  having  been  once  erected  into  Corporations,  should  be 
admitted  to  the  same  rights  and  priviledges  enjoy'd  by  the  incorporated  inhabitants 
in  any  Other  jiart  of  the  Province;  and  therefore  We  see  no  reason  why  the  Town- 
ships already  erected  or  any  other  that  may  hereafter  be  erected  in  the  County  of 
York,  should  not  be  impower'd  by  Act  of  the  General  Court,  or  in  anj'  other  way 
that  shall  be  thought  atlviseable,  to  clioose  a  person  to  represent  them  in  the  Gen- 
eral Court." — Lordsof  Trade  to  Gov.  Bernard;  Nov.  28,  ITCiO:  "Mass.  Bay,  B.T.,"  vol. 
8(3,  p.  1,  in  Public-Record  Office. 

See,  also,  note  to  1765-6(3,  chap.  2.3,  post. 

Chap.  25.  "Jan.  4,  1760.  A  Petition  of  William  Stoddard  Esq  «&  Others,  some 
of  the  late  Directors  and  Partners  in  the  late  Land  Bank  or  Manufactory  Company, 
representing  their  perplexed  and  unhappy  Circumstances,  greatly  aggravated  by 
the  Loss  of  their  Books  and  Papers  when  the  Court  House  was  burnt  in  the  year 
1747,  by  means  whereof  it  is  impracticable  to  adjust  their  Affairs  in  an  equitable 
manner.  And  Praying  that  the  Goverment  would  authorize  the  setting  up  of  a 
Lottery  to  raise  such  Sums  of  money  as  the  Commissioners  shall  judge  needful  to 
bring  the  Affairs  of  said  Company  to  a  speedy  and  equitable  Conclusion. 

In  the  House  of  Representatives.  Read  and  Ordered  That  M""  Tyng,  M^  Tyler, 
Mr.  Flucker,  Capt°  Newhall  and  Col"  Partridge  with  Such  as  the  honourable  Board 
shall  join  be  a  Committee  to  take  this  Petition  under  consideration  and  report  what 
they  judge  proper  for  this  Court  to  act  thereon. 

In  Council.  Read  and  Concurred,  aod  Jacob  Wendell,  Benj*  Lincoln,  Johu 
Erving,  William  Brattle  and  Ichabod  Plaistead  Esq"  are  joined  in  the  Affair." — 
Council  Records,  vol.  XXIII.,  p.  148. 

"  Feb.  8,  17()0.  The  Committee  appointed  the  4"^  January  last  on  the  Petition  of 
William  Stoddard  Esq""  and  others,  late  Partners  in  the  Land  Bank  Scheme,  — Re- 
ported their  Opinion  —  That  a  Lottery  be  granted  pursuant  to  the  Prayer  of  the 
Petition,  and  for  the  purpose  therein  mentioned,  and  that  they  have  prepared  a  Bill 
accordingly,  herewith  humbly  presented.  (Signed) 

4^  order  of  the  Committee         Jacob  Wendell, 

WJiich  Report  being  Read,  was  recommitted  in  order  to  fill  up  the  Blank  left  in 
the  Bill  for  the  names  of  the  managers  of  said  Lottery  —  The  Committee  son* 
reported  as  follows  Viz'  That  they  had  raett  again  and  agreed  that  the  Selectmen 
of  the  Town  of  Boston,  Messrs  Joshua  Henshaw  Joseph  Jackson,  Thomas  Gushing, 
Samuel  Hewes,  John  Scollay,  Benjamin  Austin,  and  Andrew  Oliver  ]u.ny  be  the 
managers  of  the  Lottery  (Signed)  as  above        Jacob  Wendell  ^  order. 

In  Council  Read  and  Accepted 

In  the  House  of  Representatives  Read  and  Concurred.  Consented  to  by  the  Gov- 
ernor."— Ibid.,  p.  258. 

•'June  12,  1760.  In  the  House  of  Representatives.  On  a  Motion  made  and  Sec- 
onded—  Voted,  that  if  any  of  the  Tickets  in  the  Lottery  for  finishing  the  Affairs  of 
the  late  Manufactory  Company,  sliouUl  remain  unsold  at  the  time  that  may  be  set 
by  the  Managers  of  said  Lottery  for  the  drawing  the  same  in  their  Several  "Classes. 
The  Commissioners  on  such  Affair  shall  take  such  Tickets  so  remaining  unsold,  to 
the  said  Company's  Account;  The  Profits  of  which,  if  any  there  be.  shall  be  applyed 
towards  drawing  in  the  said  Company's  Bills,  and  finishing  that  Scheme,  anil  if 
there  be  any  Loss  it  shall  be  sustained  by  said  Company  and  make  good  out  of  the 
Clear  Profits  arising  by  said  Lottery,  And  the  Tickets  so  remaining  shall  from  time 
to  time,  be  by  the  Managers  delivered  into  the  hands  of  said  Commissioners  some- 
time before  they  begin  to  draw  Provided  Always  that  the  Number  of  Tickets  so  left 
shall  not  exceed  in  Value  more  than  the  Neat  Proceeds  of  the  respective  Classes  to 
which  they  belong:  And  that  the  time  set  for  drawing  be  not  less  than  fourteen  daj'S 
from  the  Publication  thereof.  The  said  Commissioners  to  be  accountable  for  the 
Loss  and  Profit  accruing  hereby,  as  by  Law  they  are  to  account  for  other  Proceed- 
ings, in  the  Affairs  of  said  Company. 

In  Council  Read  and  Concurred." — Ibid.,  p.  4.30. 

"  April  17,  1761.  A  Petition  of  Samuel  Stevens— Setting  forth— That  being  a 
Partner  in  the  late  Land  bank  or  Manufactory  Scheme,  he  had  redeemed  three 
hundred  Pounds  of  their  Bills  more  than  his  proportion,  and  in  order  to  reimburse 
him  had  assigned  him  a  Farm  of  one  of  the  delinquent  Partners  taken  by  Execu- 
tion, of  which  the  Sheriff  gave  him  a  Warrantee  Deed,  but  that  possession  of  said 
Farm  has  been  since  recovered  of  him  whereupon  lie  brought  his  Action  against 
the  said  Sheriffs  Estate,  which  has  been  several  Years  in  the  Court  and  now  stands 
continue<l  all  which  is  to  his  great  Damage.  And  Praying  that  the  Commissioners 
for  finishing  the  Land  Bank  Scheme  may  apply  the  money  first  raised  in  pursuance 
of  the  late  Act  establishing  a  Lottery  for  that  purpose  to  the  Relief  of  the  Peti- 
tioner. 

In  the  House  of  Representatives  Read  and  Ordered  That  Cap'  Livermore,  M""       A 
Bower  and  ISI""  Paine  with  such  as  the  honourable  Board  shall  join  be  a  Committee 
to  consider  this  Petition  and  report  thereon. 

*  Sic:  soon? 


352  Province  Laws. — 1759-60.  [Notes.] 

In  Council  feead  and  Concurred  and  Silvanus  Bourn  and  John  Erving  Esq"  are 
joined  in  tlie  Affair." — Ibid.,  p.  748. 

"April  20,  1761.  On  the  Petition  of  Samuel  Stevens  as  entered  the  17*  Instant 
Ordered  That  Colo;  Newman  be  of  this  Committee  in  the  room  of  M'  Bowers  who 
is  absent.    In  Council  Read  and  Concurred." — Ibid.,  p.  761. 

"April  21, 1761.  The  Committee  to  whom  was  referred  the  Petition  of  Samuel 
Stevens  reported,  That  the  Consideration  of  the  matters  therein  contained  be 
referred  over  to  the  second  Wednesday  of  the  May  Session. 

(Signed)  Silvanits  Bourn  ^  order 

In  Council  Read  and  accepted  and  ordered  That  the  said  Petition  be  referred 
accordingly.    In  tlie  House  of  Rei')resentatives ;  Read  and  Concurred." — Ibid.,  p.  765. 

"July  7,  1761.  A  Petition  of  Samuel  Stevens  Praying  as  entered  the  11^^  of 
April  last  to  be  relieved  out  of  the  first  money  raised  by  the  Land  Bank  Lottery. 

In  Council  Read  again  and  revived  And  Ordered  That  John  Erving  and  James 
Bowdoin  Esq^^  with  such  as  the  honorable  House  shall  join  be  a  Committee  to  con- 
sider this  Petition  and  report.  In  the  House  of  Representatives  Read  and  Con- 
curred and  M""  Ropes,  Colo  Rogers,  and  General  Winslow  are  joined  in  the  Affair." 
—Ibid.,  vol.  XXIV.,  p.  84. 

"July  11,  1761.  In  Council.  The  Committee  upon  the  Petition  of  Samuel  Ste- 
vens having  reported  verbally  that  the  Affair  will  require  more  time  to  consider  of, 
than  they  will  probably  have  during  the  present  Session.  Ordered  that  the  further 
consideration  of  said  Petition  lie  referred  to  the  first  Tuesday  of  the  next  Sitting 
of  tliis  Court.— Sent  down  for  Concurrence." — Ibid.,  p.  02. 

"  Nov.  2.5,  1761.  In  the  House  of  Representatives,  Whereas  this  Coitrt  at  their 
Session  in  February  1760,  granted  a  Lottery  for  raising  a  sum  of  money  not  exceed- 
ing Three  thousand  five  hundred  pounds  to  be  applied  for  the  redemption  of  the 
Outstanding  Bills  and  finishing  the  Affairs  of  the  late  laud  Bank  or  Manufactory 
Company.  And  Whereas  the  time  limited  for  raising  said  sum  has  proved  alto- 
gether insufficient  for  that  purpose,  and  it  having  been  represented  to  this  Court 
that  at  the  expiration  of  the  term  limited  as  aforesaid  about  one  half  of  the  tickets 
of  the  third  Class  in  said  Lottery  remained  in  the  hands  of  the  Managers  of  the 
same  undisposed  of,  and  that  unless  the  time  for  carrying  on  said  Lottery  be 
lengthned  out,  the  design  of  said  Grant  will  be  wholly  frustrate.  Therefore 
Ordered  That  the  further  term  of  six  Months  from  the  first  day  of  December  next 
be  allowed  for  carrying  on  said  Lottery  under  the  conduct  of  the  same  Managers 
and  according  to  the  regulations  contained  and  prescribed  in  the  Act  for  granting 
the  same:  and  the  Commissioners  appointed  lor  transacting  and  finishing  the 
Affairs  of  said  Company  are  hereby  directed  to  forbear  issuing  any  further  assess- 
ment against  said  Company  until  the  expiration  of  said  term,  unless  they  have  the 
express  order  of  the  General  Court  therefor.  In  Council  Read  and  Concurred  Con- 
sented to  by  the  Governor." — Ibid.,  p.  136. 

See,  also,  note  to  chapter  35,  post. 

Cliap.  26.  "  Ordered  that  an  Act  passed  in  the  said  Province  in  FebT  1760,  for  reg- 
ulating Fees  be  taken  into  further  consideration  Friday  the  25"^  Inst,  and  that  the 
Agent  for  the  Province  have  notice  to  attend  on  that  day. 

Sandys."—"  Trade  Papers,"  vol. 
63,  p.  229,  in  Public-Eecord  Office. 

"  Friday  April  24, 1761. 
At  a  Meeting  of  His  Maj'y'^  Comissrs  for  Trade  and  Plantations 
Present 
Lord  Sandys. 
M''  Jenyns.  M''  Yorke.  M""  Bacon. 

Their  Lordships  took  into  further  consideration  an  Act  passed  in  the  Province  of 
Massachusets  Bay  in  Feb"'?  1760  for  regulating  Fees  and  M^  Bollan,  Agent  for  the 
said  Province  attending  without,  pursuant  to  Order,  he  was  called  in  and  the 
points  upon  which  the  Act  appeared  to  their  Lordships  to  be  liable  to  objection 
having  been  fully  stated  to  him,  he  said  that  he  was  not  prepared  at  present  on 
account  of  a  close  attendance  upon  the  Treasury  Board,  to  answer  to  those  Objec- 
tions, but  urged  some  Arguments  to  shew  the  Exiiediency  of  a  new  Regulation 
of  Fees,  which  their  Lordships  observed  to  him  was  not  at  jiresent  the  Question 
before  them,  &  therefore  it  was  agreed  that  the  further  consideration  of  the  Act 
should  be  postponed  to  Tuesday  the  5*  of  May  when  Mr  Bollan  was  desired  to 
attend  prepared  to  answer  to  those  Objections  which  had  been  stated  to  him. 
*  *  *  *  *  « 

Sandys  .'  '—I  b  id. ,  p .  236. 

"  Wednesday  May  6. 1761. 

At  a  Meeting  of  his  Majty's  Comissrs  for  Trade  and  Plantations. 

Present 

Lord  Sandys. 

Ml-  Stone.  S--  Ed.  Thomas.  M^  Yorke. 

M'  Bacon.  M""  Jenyns.  M""  Rice. 

Their  Lordships  took  into  further  consideration  the  Law  of  the  Massachusets 
Bay  for  regulating  Fees  and  M''  Bollan  the  Agent  attending  without,  pursuant  to 
^  Order,  he  was  called  in  and  acquainted  their  Lordships  that  he  was  unable  from 
great  indisposition  to  enter  largely  into  the  merits  of  the  Objections  stated  by  their 
Lordships  to  the  said  Act  and  should  only  observe  in  general  that  the  Government 
of  Massachusets  Bay,  having  by  their  Charter  a  free  and  unrestrained  power  of 
legislation,  they  woiild  never  consent  to  the  inserting  suspending  Clauses  in  any 


[Notes.]  PEOvrNCE  Laws.— 1759-60.  353 

Acts  to  be  passed  by  them,  and  had  never  done  it  in  any  one  instance,  that  he 
would  however  acquaint  them  with  the  Board's  Objections  to  this  Act  and  hoped 
it  might  lye  by  untill  he  had  an  Opportunity  of  consulting  his  Constituents  upon  it. 
Mr  Bolian  being  ordered  to  withdraw  their  Lordships  agreed  to  postpone  the 
further  consideration  of  the  Act  to  another  opporranity  and  the  Secretary  was 
ordered  to  acquaint  M^  Bolian  therewith. 

Sasdys."— Ibid.,  p.  246. 
"  Leicester  Square,  May  8">  1761 
Sir  The  Lords  Coiniss"  for  Trade  &  planta'  having  under  their  consideration  an 
Act  passed  by  the  Geni  Court  in  Feb>^y  1760,  for  regulating  fees,  on  the  24*'i  of  last 
month,  pursuant  to  their  directions,  I  attended  their  Lordships,  when  Lord  Sandys 
told  me  they  had  these  two  objections  to  the  act.  (l^t),  that  altho  a  temporary  act, 
it  repealed  a  perpetual  act  of  the  4"^  of  "Will""  &  Mary,  chap^  17.  (2)  that  the  per- 
petual act  having  had  the  royal  approbation,  an  act  for  repealing  it  ought  to  have 
contain'd  a  clause  suspending  its  force  &  execution  until  the  King's  determination 
thereupon  was  declared.  A  few  things  were  then  said  wherein  some  of  the  lords 
seem'd  to  suppose  these  objections  unanswerable.  After  observing  that  a  new 
establishment  of  money,  with  the  changing  circumstances  of  a  new  country, 
required  a  new  table  of  fees,  I  desired  the  matter  might  be  deferr'd  til  I  cou'd 
consider  the  present  act,  and  all  the  former  laws  relating  to  fees,  together  with 
their  lordships  objections,  as  this  Act  had  never  been  transmitted  to  me,  and  I  was 
wholly  a  stranger  to  it  when  I  received  their  directions  to  attend;  and  after  some 
time  spent  hereupon  the  matter  was  put  off  accordingly. 

****** 

The  day  before  yesterday  being  appointed  for  hearing  any  thing  that  I  might  have 
to  offer  respecting  the  act  for  regulating  fees,  upon  my  being  called  in  lord  Sandys 
told  me  that  in  favor  to  me,  who  they  understood  had  been  indisposed,  they  wou'd 
require  me  to  speak  only  to  the  two  points  of  the  act's  being  temporary,  &  want^ 
ing  a  suspending  clause.  In  case  I  had  thought  it  a  proper  time  for  entring  into 
the  consideration  of  the  matter  at  large,  I  shou'd  very  gladly  have  declined  this 
favor  to  myself,  and  after  briefly  taking  notice  that  forms  were  introduced  for  the 
sake  of  substance,  and  that  if  the  act,  as  it  appear'd  to  me,  was  founded  on  the  princi- 
ples of  equality  &  justice,  and  was  render'd  necessary  by  the  present  circumstances 
of  the  province,  I  conceived  its  merit  in  these  particulars  was  a  reason  for  its  appro- 
bation. I  then  proceeded  to  observe  that  if  their  lordships  were  inclined  to  intro- 
duce the  use  of  suspending  clauses  in  certain  cases,  and  to  declare  that  the  present 
act,  without  considering  its  merits,  ought  to  be  disallowed  for  the  want  of  such 
clause,  this  was  a  matter  which  so  nearly  affected  the  province's  power  of  legisla-  , 
tion  that  I  must  earnestly  pray  their  lordships  to  postpone  the  consideration  of  the 
affair  so  that  I  might  have  time  to  give  proper  notice  to  the  Geni  Court,  &  receive 
their  instructions  hereupon.  In  support  of  this  motion  I  observed  to  their  lordships 
that,  as  I  understood,  the  province  now  &  at  all  times  since  their  constitution  was 
form'd  by  their  present  charter  conceived  the  Gen'  Court  was  well  entitled  to  the 
free  exercise  of  their  authority  in  making  such  proper  laws  as  the  welfare  oi 
the  province  from  time  to  time  in  their  judgment  required,  which  laws  were  to  take 
iiiiediate  effect,  that  the  power  of  repealing  their  own  laws  was  likewise  unre- 
strained, and  that  there  had  never  yet  been  an  instance  of  a  suspending  clause 
being  inserted  in  any  Act.  Upon  my  mentioning  this  last  point,  M^  Povvnall,  who 
had  before  observed  to  their  lordships  that  there  was  an  alternative,  which  was,  to 
send  over  the  draught  of  the  act  before  passing  it,  to  whom  one  of  the  lords  replied 
that  was  the  same  thing  with  the  suspending  clause,  now  said  that  the  draiight  of 
one  act  had  been  sent  over  here  which  related  to  the  proceedings  of  the  Comiss™  in 
cases  of  bankrupts,  after  observing  that  altho'  I  had  never  heard  of  this  draught 
being  sent  over  before,  yet  I  supposed  this  was  a  special  case,  and  probably  owing 
to  the  extraordinary  difficulties  that  attended  the  Jting's  repeal  of  the  act  that  had 
before  passed  against  bankrupts;  and  this  being  iinediately  agreed  to  be  the  case,  I 
then  observed  that  precedents  in  these  cases  being  always  readily  cited,  it  was  proper 
before  making  another  for  me  to  acquaint  the  Gen^  Court  with  this  matter,  especially 
as  I  had  never  received  any  instructions  from  them  hereupon,  nor  ever  been  in  any 
manner  concerned  in  this  question  —  After  with  drawing  &  waiting  a  considerable 
time  My  Pownall  came  to  me,  &  told  me  that  their  lordships  wou'd  not  now  proceed 
in  order  to  come  to  any  determination  upon  the  act;  but  that  it  shou'd  lye  by  for 
further  consideration. 

I  write  in  more  haste  than  is  agreeable,  and  cannot  at  present  recollect  any  thing 
further  that  is  material  to  be  said  on  this  occasion,  save  that  their  lordships  in  the 
course  of  this  affair  seem'd  to  have  their  eye  more  on  the  suspending  clause  than 
the  other  point,  and  appear'd  to  speak  from  premeditation,  and  that  I  am  satisfied 
they  will  confine  their  future  consideration  to  the  two  points  aforementioned,  pre- 
suming at  the  same  time  that  they  will  defer  the  matter  til  the  Gen'  Court's  instruc- 
tions herein  can  be  received.  _ 

I  am  with  the  greatest  respect  for  the  honble  House  of  Representatives 

sir  your  most  obed^  &  most  humble  servant,  W  Bollan." — Letter 

from  the  "Agent,  to  Secretary  Oliver :  3Iass.  Archives,  vol.  22,  p.  190. 
'  '"  Boston  Nov  28">  1761 

S'  The  General  Court  have  had  under  Consideration  your  Letters  of  the  8"»  May 
&  13'h  June  last:  the  first  relative  to  the  objections  made  by  the  Board  of  Trade  to 
the  Act  of  said  Court  for  regulating  Fees:  ***** 

"With  respect  to  the  Fee- Act,  the'Objections  are  —  That  altho  a  temporary  Act  it 
repeal'd  a  perpetual  Act:  That  repealing  a  perpetual  Act,  that  had  had  the  royal 
approbation,  it  ought  to  have  contained  a  clause  suspending  it's  effect  till  the  King's 


354  Peovince  Laws.— 1759-60.  [Notes.] 

determination  thereon  was  declared.  —  In  regard  to  the  first  Objection  it  may  be 
observed,  that  it  is  no  new  thing  for  the  General  Court  to  make  temporary  Acts  that 
suspend  the  effect  of  perpetual  ones:  And  the  perpetual  Act  (in  particular)  for  regu- 
lating fees  has  been  frequently  suspended  by  temporary  Acts  appointing  different 
fees:  And  these  temporary  Acts  having  never  been  disapproved  by  his  Majesty,  the 
Gen'  Court  could  not  suppose  that  any  objection  would  lie  against  the  new  Act  on 
account  of  it's  being  temporary:  And  the  varying  circumstances  of  a  new  Country 
(as  you  justly  observed  to  the  Lords  Commissioners  for  Trade  &  Plantations)  may 
furnish  a  good  reason  for  the  alteration  of  the  Fees;  &  for  the  Act  being  made 
temporary:  and  it  may  be  presumed  that  their  Lordships  themselves  may  look  upon 
the  Geni  Court  as  no  incomj)etent  Judges  what  the  circumstances  of  this  Province 
require. 

With  respect  to  the  other  objection  about  a  suspending  Clause,  the  General  Court 
apprehend  their  Lordships  would  not  have  made  it,  if  at  the  same  time  they  had 
recollected  those  clauses  of  the  Province  Charter  that  relate  to  the  making  Laws,  & 
the  continuance  of  their  force  and  effect:  the  Laws  made  being  to  continue  in  force, 
in  case  his  Majesty  shall  not  signify  his  disallowance  within  the  time  limited, '  until 
the  expiration  of  such  Laws,  or  that  the  same  shall  be  repealed  by  the  General 
assembly.' — 

As  you  are  perfectly  acquainted  with  the  Province  Charter,  &  the  legislative 
Power  of  the  General  Court,  'tis  needless  to  enlarge  on  this  head;  but  I  am  to 
inform  you,  that  it  is  an  Instruction  of  the  Gen^  Court,  and  they  hereby  instruct 
you,  to  support  the  Fee-Act  aforesaid;  and  more  especially  defend  to  the  utmost 
the  General  Court's  Power  of  Legislation  in  it's  full  extent  according  to  the  afore- 
said charter.  —  As  to  the  sending  over  the  draught  of  any  act  previous  to  it's 
passing,  it  is  equivalent  (as  their  Lordships  justly  observed)  to  a  suspending 
clause,  and  therefore  inconsistent  with  the  Rights  granted  by  charter.  Nor  has 
there  been  any  precedent  of  this  kind :  the  draught  of  the  act  relative  to  the  pro- 
ceedings of  the  Coiiiissioners  in  cases  of  Bankruptcy  being  sent  over  (in  his  Single 
capacity)  by  Governor  Pownall ;  who  did  not  incline  to  give  his  Assent  thereto  till 
he  knew  his  Majesty's  pleasure." — Letter  from  the  General  Court  to  Agent  Bollan: 
Ibid.,  p.  220. 

Chap.  28.  "  March  22, 1760.  M^  Bacon  from  the  House  came  up  with  a  message 
to  the  Board  to  propose  to  come  to  the  Choice  of  Collectors  of  Excise  on  Spirituous 
Liquors  by  Joint  Ballat  of  the  two  Houses  on  Tuesday  next  3  o'Clock  Afternoon. 

Joseph  Pynchon  Esqi"  from  the  Board  went  down  to  the  House  of  Representa- 
tives to  acquaint  them  that  the  Board  Agree  to  the  Proposal  of  the  House  to  choose 
Collectors  of  Excise  on  spirituous  Liquors  on  Tuesday  next." — Council  Records,  vol. 
XXr7/.,p.  289. 

"  March  25,  1760.  Oliver  Partridge  Esq''  from  the  House  of  Representatives 
came  up  with  a  message  to  the  Board  to  acquaint  them  that  the  House  was  to  pro- 
ceed to  the  Choice  of  Collectors  of  Excise  by  Joint  Ballot  with  the  Board  pursuant 
to  the  Agreement  of  the  two  Houses  on  the  22<i  Instant 

Benjamin  Lincoln  Esq''  from  the  Board  went  down  to  the  House  of  Representa- 
tives with  a  message  to  inform  them  that  the  Board  were  ready  to  proceed  to  the 
Choice  of  Collectors  of  Excise  as  proposed. 

The  Vote  of  the  two  Houses  were  accordingly  brought  in  for  each  County  seper- 
ately,  and  upon  sorting  and  Counting  the  same  it  Appeared  that  the  following 
Gentlemen  were  chosen  viz' 

For  the  County  of  Suffolk M'  Thomas  Fletcher 

For  the  County  of  Essex Daniel  Epes  jun'  Esq' 

For  the  County  of  Middlesex M^"  John  Remington 

For  the  County  of  Hampshire M""  Gad  Lyman 

For  the  County  of  Worcester Gardner  Chandler  Esq' 

For  the  County  of  Plymouth John  Cushing  junr  Esq' 

For  the  County  of  Barnstable M^  Daniel  Davis 

For  the  County  of  Bristol M'  Seth  Williams  jun"" 

For  the  County  of  York M"-  Daniel  Clark 

For  Dukes  County John  Norton  Esq' 

For  the  County  of  Nantucket M'  Thomas  Arthur. 

The  foregoing  List  being  laid  before  the  Governor  his  Excellency  was  pleased  to 
sign  his  Consent  thereto." — Ibid.,  p.  295. 

"June  11,  1760.  The  memorial  of  Daniel  Epes  jun''  Setting  forth  that  he  was 
chosen  Collector  of  Excise  in  the  County  of  Essex  for  the  Year  1758,  &  1759,  and 
has  discharged  that  Office  with  faithfulness  to  the  Government,  according  to  his 
Ability  has  likewise  been  at  great  Expence  in  going  through  the  County  twice  a 
Year  on  said  service,  and  has  more  than  Six  hundred  Accounts  to  settle  in  a  Year, 
and  the  Oath  to  Administer  as  many  times,  and  double  that  Number  of  Receiirts  to 
give  and  is  allowed  only  two  ^  Cent  for  Collecting  and  paying  in  the  same — Your 
memorialist  therefore  Prays  that  an  Addition  of  One  ^  Cent  may  be  allowed  him 
for  Year  1758,  and  1759  for  Collecting  and  paying  in  the  same  to  the  Treasurj'. 

In  the  House  of  Representatives;  Read  and  Ordered,  That  the  Petitioner  be 
allowed  for  Collecting  the  Excise  for  the  County  of  Essex,  from  March  26"'  1759— to 
the  26*  March  1760,  One  ^  Cent,  over  and  above  the  two  ^  Cent  already  allowed 
by  Law  Ordered  Also  that  the  Petitioner  be  allowed  three  iP"  Cent  in  the  whole, 
for  Collecting  said  Excise  the  Current  Year.  In  Council  Read  and  Concurred  Con- 
sented to  by  the  Lieiitenant  Governor." — Ibid.,  p.  423. 

"Dec.  22,  1760.  A  Petition  of  Matthew  Patten  of  North  Yarmouth,  in  the 
County  of  York— Setting  forth  that  he  had  the  Misfortune  in  the  Month  of  March 
last  to  have  his  Dwelling  House  consumed  by  Fire,  with  the  Chief  part  of  his  Fur- 


[Notes.]  Pbovince  Laws. — 1759-60.  355 

niture,  and  a  considerable  sum  of  Money,  that  he  had  a  License  for  retailing  strong 
Liquors,  and  stands  indebted  to  the  Excise  Master  for  said  County,  the  sum  of  Five 
pounds,  six  shillings  and  eight  pence,  for  Duties  of  Excise — he  therefore  Prays 
that  the  said  sum  may  be  remitted  him. 

In  the  House  of  Representatives,  Read  and  Ordered  that  the  Collector  of  Excise 
for  the  County  of  York  be,  and  he  is  hereby  directed  to  discharge  the  Petitioner, 
the  sum  of  five  pounds,  six  shillings,  and  eight  pence,  in  consideration  of  his  Loss 
as  above  mentioned.  In  Council  Read  and  Concurred  Consented  to  by  the  Gov- 
ernor."— Ibid.,  p.  519. 

"  Jan.  10,  1761.  In  the  House  of  Representatives;  "Whereas  M^  Daniel  Clark  was 
Chosen  by  this  Court  to  Collect  the  Excise  in  the  County  of  York  for  one  Year, 
ending  the  20"^  of  March  next;  but  by  Reason  of  a  late  Act  of  this  Government, 
dividing  of  the  said  County  into  three,  some  doubts  have  arisen  whether  tlie  Power 
of  said  Collector  now  extends  to  finishing  his  Collection  in  tlie  said  two  New 
Counties;  Therefore  Voted,  That  the  said  Daniel  Clark  be,  and  he  hereby  is  fully 
impowered  and  Authorized  to  ]iroceed  to  finish  his  said  Collection,  the  Act  for  the 
Division  of  the  County  Notwithstanding.  In  Council  Read  and  Concurred  Con- 
sented to  by  the  Governor." — Ibid.,  p.  592. 

"  Jan.  14, 1761.  A  Petition  of  Jonathan  "White  of  Springfield— Setting  forth  that 
he  has  for  several  Years  past  Employed  himself  in  Distilling  Cider  into  Spirits,  for 
himself  and  Neighbours,  and  thereby  as  he  has  been  informed,  subjected  himself 
to  the  Penalty  of  the  Law  for  selling  spirits  Distilled  without  License,  Praying  he 
may  not  be  subjected  to  any  Penalty  for  selling  the  spirits  extracted  from  Cider, 
his  not  having  license  Notwithstanding. 

In  the  House  of  Representatives;  Voted;  that  the  Prayer  of  this  Petition  be  so 
far  granted  as  that  upon  the  Petitioners  paying  the  Duties  of  Excise  upon  the 
Spirits  by  him  Distilled  mentioned  in  s?id  Petition,  to  the  Collector  of  the  Duties 
of  Excise  in  the  County  of  Hampshire,  the  said  Collector  be  directed  not  to  prose- 
cute the  Petitioner  for  any  Violation  of  the  Law.  In  Council  Read  and  Concurred 
Consented  to  by  the  Governor." — Ibid.,  p.  598. 

"Jan.  17,  1761.  A  Petition  of  John  Cushing  jun'  Setting  forth  that  he  is 
appointed  Collector  of  Excise  for  the  County  of  Plymouth  and  has  been  at  Great 
expence  in  Collecting  the  same,  as  at  the  end  of  the  first  Six  months  he  went  into 
all  the  Towns  thro"  the  County  for  that  purpose,  that  his  charge  for  the  last  six 
months  will  not  fall  short  of  the  first,  so  that  after  his  Charges  are  deducted  little 
will  remain  for  his  Trouble, — Praying  an  Additional  allowance  of  one  ^  Cent 
may  be  allowed  for  the  Year  1759,  and  also  for  the  present  Year. 

In  the  House  of  Rei^resentatives;  Read  and  Ordered  that  the  Petitioner  be 
allowed  one  t}^  Cent  over  and  above  the  two  jp"  Cent  already  allowed  by  Law, 
from  March  26:  1759,  to  March  26:  1760.  Also  the  same  for  the  Current  Year.  In 
Council  Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  610. 

"Jan.  19,  1761.  A  Petition  of  John  Remington  of  "Watertown— Setting  forth, 
That  in  the  Year  1758  he  was,  and  ever  since  has  been  Collector  of  the  Excise  for 
the  County  of  Middlesex  and  never  has  had  but  two  per  Cent  for  collecting  the 
same,  that  he  is  put  to  great  Cost  and  Charge  in  riding  over  so  large  a  County  to 
Collect  the  Excise— Praying  something  more  may  be  added  for  his  time  and  trouble 
in  Collecting  the  same  Excise. 

In  the  House  of  Representatives ;  Read  and  Voted  that  the  Petitioner  be  allowed 
one  per  Cent  over  and  above  the  two  per  Cent  already  allowed  by  Law,  from 
March  26ti»  1760,  to  March  26:  1761.  In  Council  Read  and  Concurred  Consented  to 
by  the  Governor." — Ibid. 

"  March  26,  1761.  William  Lawrence  Esqr  from  the  House  came  up  with  a  Mes- 
sage to  the  Board  proposing  to  come  to  the  choice  of  Collectors  of  JExcise  for  the 
ensuing  Year  at  ten  o'clock  to  morrow  Morning. 

William  Brattle  Esq""  from  the  Board  went  down  to  the  House  of  Representa- 
tives with  a  Message  to  acquaint  them  that  as  the  Power  of  the  Collectors  for  the 
last  Year  was  now  expired,  the  Board  would  propose  that  the  choice  of  those  Offi- 
cers might  come  on  this  day  in  the  Afternoon,  in  Answer  whereto  Col^  Clapp  came 
up  with  a  Message  from  the  House  to  acquaint  the  Board  that  the  House  Agreed  to 
said  Proposal. 

Colo  Clapp  from  the  House  came  up  again  with  a  Message  from  the  House  to 
inform  the  Board,  that  they  were  ready  to  proceed  to  the  Choice  of  Collectors  of 
Excise,  as  had  been  Agreed  by  the  two  Houses;  whereupon  the  Board  appointed 
Samuel  Watts,  Ichabod  Plaistead  and  Nathaniel  Sparhawk  Esq^^  to  join  with  such 
Committee  as  the  House  shall  appoint  in  sorting  and  Counting  the  Votes.  The 
Votes  being  accordingly  brought  in,  sorted  and  Counted,  it  appeared  that  the  fol- 
lowing Persons  were  chosen  by  a  Major  Vote  of  the  Electors,  to  all  which  his 
Excellency  signed  his  Consent  and  Commissioned  them  accordingly.  Viz' 

For  the  County  of  Suffolk M^  Thomas  Fletcher 

For  the  County  of  Essex Daniel  Epes  jun"-  Esqf 

For  the  County  of  Middlesex M^  John  Remington 

For  the  County  of  Hampshire M"-  Gad  Lyman 

For  the  County  of  Worcester Gardner  Chandler  Esq' 

For  the  County  of  Plymouth M^  Nathaniel  Little 

For  the  County  of  Barnstable Nathaniel  Stone  Esq^ 

For  the  County  of  Bristol M"-  Seth  Williams  jun' 

For  the  County  of  York M'  Daniel  Clarke 

For  the  County  of  Dukes  County M."^  Jonathan  Allen 

For  the  County  of  Nantucket M^  Obed  Hussey 

For  the  County  of  Cumberland M'  William  Livermore 

For  the  County  of  Lincoln M' Jonathan  Bowman." 

—Ibid.,  p.  666. 


356  PROVINCE  Laws.— 1759-60.  [Notes.] 

"April  18,  1761.  A  Petition  of  John  Larrabee  Lieutenant  of  Castle  "William 
Setting  forth— That  he  hath  resided  at  said  Fortress  for  Forty  Years  and  upwards, 
during  which  time  it  hath  been  the  priviledge  of  tlie  Person  in  his  Station  to  supply 
the  Garrison,  and  trancient  People  with  Spirituous  Liquors,  besides  which,  hia 
entertaining  of  Strangers  of  better  Rank  has  been  somewhat  expensive  to  him. 

That  he  imagines  it  was  not  the  Design  of  the  Government  to  make  him  charge- 
able with  the  Duties  of  Excise,  tlio'  by  the  letter  of  the  Law  the  Collector  thinka 
himself  bound  to  demand  it  of  him  And  Praying  that  he  may  be  relieved. 

In  the  House  of  Representatives;  Voted  that  the  Prayer  of  this  Petition  be  so  far 
granted  as  that  the  Collector  of  the  Excise  for  the  County  of  Suffolk  be,  and  is  here- 
by directed  not  to  demand  of  the  Petitioner  any  Excise  on  Spirituous  Liquors  used 
or  disposed  of  by  him  by  Retail  at  his  Majestys  Castle  W""  and  that  he  be  freed  from 
all  obligations  to  pay  the  same  In  Coixncil  Read  and  Concurred  Consented  to  by 
the  Governor." — Ibid.,  p.  757. 

"  Feb.  6,  1762.  A  Petition  of  Jacob  Joy  of  Weymouth— Setting  forth  That  at  the 
desire  of  many  People  in  a  time  of  Sickness  he  had  sold  Rum  in  the  said  Town, 
having  obtained  the  Approbation  of  the  Selectmen,  but  had  not  a  License  from  the 
Court  of  Sessions,  That  the  Collector  of  Excis  for  the  County  of  Suffolk  hath 
prosecuted  him  for  breach  of  Law  and  recovered  of  him  upwards  of  Twenty  four 
pounds.  And  Praying  that  he  may  be  relieved. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Prayer  of  the  Peti- 
tion be  so  far  granted  as  that  the  Collector  of  Excise  for  the  County  of  Suffolk  be 
directed  to  remit  unto  the  Petitioner  the  Provinces  part  of  the  Fine  on  the  several 
convictions  mentioned  in  the  Petition,  the  Petitioner  first  paying  Two  pounds,  six 
shillings  and  eight  pence  being  the  duty  on  70  Gallons  of  Rum  and  Spirits  sold  by 
him — In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  vol. 
XXIV., iJ.  233. 

"Feb.  23,  1762.  In  the  House  of  Representatives;  The  House  being  informed 
that  M''  William  Livermore  who  was  appointed  by  this  Court  to  collect  the  Excise 
on  spiritous  Liquors  in  the  County  of  Cumberland  the  last  Year  dyed  before  he  had 
entered  upon  that  Service,  and  also  that  the  Justices  of  the  Court  of  General  Ses- 
sions of  the  Peace  for  the  County  of  Cumberland  had  omitted  the  appointing  of  a 
Collector  in  the  room  and  stead  of  the  deceased  for  which  reason  the  Province  is  in 
danger  of  loosing  the  Excise  of  the  County  of  Cumberland  for  the  last  year  unless 
prevented  by  this  Court  Court,  Therefore  Resolved  That  Theophilus  Bradbury  the 
Collector  of  Excise  for  the  ensuing  Year  in  the  County  of  Cumberland  be,  and  he  is 
hereby  directed  and  impowered  to  collect  the  Excise  in  the  County  of  Cumberland 
which  the  said  deceased  (if  he  had  survived)  should  have  collected  in  as  full  and 
ample  manner  to  all  intents  and  purposes  as  the  said  deceased  could  or  ought  to 
have  done,  and  account  with  the  Treasurer  of  the  Province  for  the  same. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— 76id.,  p.  285. 

"  June  5, 1762.  A  Petition  of  Bildad  Fowler  of  Westfield— Setting  forth.  That  on 
the  10"i  April  1759,  He  imported  from  Connecticut  One  hogshead  of  Rum  and  on 
the  2<i  of  May  following  one  other  hogshead  of  Rum  which  he  sold  to  two  several 
Innholders  in  the  County  of  Hampshire,  and  about  the  same  time  he  imported 
three  other  hogsheads  of  Rum  which  he  likewise  sold  to  two  other  Innholders  in 
the  said  County,  all  which  was  contrary  to  Law  but  not  intended  to  defraud  the 
Government  of  the  Excise,  inasmuch  as  the  purchasers  paid  the  same;  and  for 
which  he  is  prosecuted  by  the  Collector  of  Excise  in  the  said  County,  And  Praying 
that  he  may  be  discharged  of  the  Penalties  he  has  incurred  thereby. 

In  the  House  of  Representatives  Read  and  Ordered  That  this  Petition  be  revived : 
and  it  appearing  that  the  Duties  of  Excise  upon  the  Liquors  within  mentioned 
have  been  duly  paid.  Resolved  That  the  Petitioner  be  discharged  from  any  pay- 
ment on  the  Bond  within  mentioned  so  far  as  it  may  respect  or  contain  any  Fine  or 
Forfeiture  due  to  the  Government.  In  Council  Read  and  Concurred  Consented  to 
by  the  Governor."— /6id.,  p.  406. 

"  June  15,  1762.  A  Petition  of  Michael  Malcolm  of  George  Town  in  the  County 
of  Lincoln — Setting  forth.  That  some  time  the  last  Fall,  he  inadvertently  sold  a 
barren  of  Rum  to  an  Innholder  lawfully  licensed  not  knowing  he  was  in  the  breach 
of  the  Law  for  so  doing  And  Praying  the  compassionate  consideration  of  the  Court 
with  regard  to  the  penalty  which  he  hath  thereby  incurred. 

In  the  House  of  Representatives,  Resolved  That  the  Prayer  of  the  Petition  be  so 
far  granted  as  that  that  part  of  the  penalty  which  accrues  to  the  Province  from 
said  Forfeiture  to  remitted  to  the  Petitioner — In  Council  Read  and  Concurred 
Consented  to  by  the  Governor." — Ibid.,  p.  443. 

"  June  15,  1762.  A  Petition  of  Allan  Malcolm  of  George  Town — Setting  forth, 
That  sometime  the  last  Fall  he  inadvertently  sold  a  barrell  of  Rum  to  an  Innholder 
lawfully  licensed,  not  knowing  that  he  was  in  the  breach  of  the  Law  for  so  doing. 
And  Praying  the  compassionate  consideration  of  the  Court  with  regard  to  the 
Penalty  of  the  Law  which  he  hath  thereby  incurred. 

In  the  House  of  Representatives  Resolved  That  the  Prayer  of  the  Petition  be  so 
far  granted  as  that  that  part  of  the  Penalty  which  accrues  to  the  Province  from 
said  Forfeiture  be  remitted  to  the  Petitioner — In  Council  Read  and  Concurred  Con- 
sented to  by  the  Governor." — Ibid.,  p.  444. 

"  June  15,  1762.  A  Petition  of  Samuel  Lee  of  Great  Barrington — Setting  forth 
That  He  had  for  several  Years  been  an  Innholder  in  Upper  SheflSeld  now  Great 
Barrington  'till  August  1760  when  the  Selectmen  of  Sheffield  refused  to  approbate 
him:  that  there  being  no  Public  House  near  him,  he  supplied  divers  Soldiers  with 
Rum  for  which  he  voluntarily  had  paid  the  Excise,  so  that  the  Government  was 
not  defrauded,  and  Praying  that  he  may  be  excused  from  the  Penalty  of  the  Law — 

In  the  House  of  Representatives  (12"')  Read  and  Ordered  That  the  Prayer  of  the 


[Notes.]  Peovtnce  Laws.— 1759-60.  35f 

Petition  be  so  far  granted,  that  the  Petitioner  be  discharged  from  the  Penalty  for 
selling  strong  Liquors,  within  mentioned  so  far  as  it  belongs  to  the  Province. 

In  Council  Read  and  Nonconcurred." — Ibid.,  p.  445. 

"  June  15,  1762.  A  Petition  of  Joseph  Clark  of  Blanford — Setting  forth,  That  in 
the  Year  17(30  He  purchased  a  licensed  House  and  purchased  a  barrell  of  Rum,  but 
being  sick  in  August  when  he  should  have  applied  for  a  License,  he  did  not  renew 
the  license,  and  liis  House  lying  in  the  Road  used  by  the  Soldiers  sold  the  same 
out  to  them:  And  he  bought  the  said  Rum  of  a  Retailer  who  had  paid  the  Duties 
of  Excise  thereon — Praying  that  he  may  be  exempted  from  the  Penalty  of  the 
Law — 

(12'i>)  In  the  House  of  Representatives  Read  and  Ordered  That  the  Prayer  of  the 
Petition  be  so  far  granted  that  the  Petitioner  be  discharged  from  the  Penalty  for 
Selling  strong  Liquors  within  mentioned  so  far  as  it  belongs  to  the  Province. 

In  Council  Read  and  Nonconcurred" — Ibid. 

"  June  15,  17G2.  A  Petition  of  James  Saxton  of  Sheffield — Setting  forth,  That  he 
hath  for  several  Years  been  an  Innholder  in  said  Town  but  did  not  renew  hia 
License  in  August  last,  although  he  afterwards  sold  out  two  Quarts  of  Rum  to 
Soldiers  on  their  March,  And  Praying  that  he  may  be  exempted  from  the  Penalty 
of  the  Law — 

In  the  House  of  Representatives  (12"^)  Read  and  Ordered  That  the  Prayer  of  this 
Petition  be  so  far  granted,  that  the  Petitioner  be  discharged  from  the  penalty  for 
selling  strong  Liquors  within  mentioned  so  far  as  it  belongs  to  the  Province. 

In  Council  (12'ii)  Read  and  Nonconcurred." — Ibid. 

Chap.  30.  "A  fire  broke  out  in  Boston  on  the  twentieth  of  March,  and  raged 
with  such  violence,  that,  in  about  four  hours,  it  destroyed  nearly  a  tenth  part  of 
the  town." — Holmes's  Amer.  Annals,  vol.  2,  p.  251. 

The  measures  taken  by  the  Assembly  for  the  relief  of  the  sufferers  by  this  fire, 
and  other  particulars  relating  thereto,  are  reserved  for  the  Appendix. 

"  March  23,  1760.  The  Secretary  by  order  of  his  Excellency  the  Governor  deliv- 
ered the  following  Message  to  the  two  Houses  respectively 

Gentlemen  of  the  Council  and  House  of  Representatives 

As  the  late  Fire  in  the  Town  of  Boston  hath  laid  Waste  a  Quarter  that  is  ex- 
treemely  well  Situated  for  carrying  on  the  Trade  of  this  Metropolis  of  the  Province 
if  some  effectual  measures  were  taken  to  regulate,  and  Widen  some  of  the  Streets 
wliich  now  lye  desolate,  and  to  Open  any  New  Streets  or  Lanes  that  might  be 
judged  useful,  and  to  prevent  the  more  effectually  the  building  with  Wood:  I 
sliould  hope  in  course  of  time  that  this  ruinous  Quarter  of  the  Town  would  be 
rebuilt  in  such  manner  as  to  make  it  as  Safe  beautiful  and  commodious  as  any  part 
of  the  Town  whatever;  and  in  the  end  prove  an  Encouragement  to  the  Trade  and 
business  of  it. 

The  Parliament  of  England  in  their  Wisdom  thought  fit  after  the  Great  Fire 
which  happened  in  London  in  the  year  1666,  to  Enact  a  Law  for  rebuilding  the  City 
many  of  the  Regulations  mentioned  in  that  Law  must  suit  the  present  Case  of  the 
Town  of  Boston.  The  Lord  Mayor,  Aldermen  and  Common  Council  were  impow- 
ered  to  lay  out  Streets:  and  adjust  any  differences  that  might  be  occasioned 
thereby,  to  regulate  the  Buildings,  and  prevent  exorbitant  prices  of  Materials  and  i 

Workmen.  I  would  recommend  it  to  your  Serious  consideration  whether  some  of 
the  magistrates  or  Selectmen  of  this  Town  might  not  with  Propriety  be  Vested 
with  some  of  the  like  Powers  for  carrying  into  Execution  so  useful  a  Design  here. 
March  22<i  1760—  T :  Pownall."— Councj7  Records,  vol.  XXIIL,  p.  288. 

"  March  25,  1760.  In  the  House  of  Representatives  The  House  agreeable  to  the 
Order  of  the  day  entered  into  the  consideration  of  his  Excellencys  Message  of  the 
22<i  Instant  and  after  a  debate  —  Voted  That  the  Members  of  the  Town  of  Boston 
together  with  M^  Higginson,  M""  Hatch,  and  Cap*  Goldthwait  with  such  as  the  hon- 
ourable Board  shall  appoint  be  a  Committee  to  take  the  said  Message  under  consid- 
eration and  report. 

In  Council  Read  and  Concurred.  And  his  Honour  the  Lieu*  Governor,  Jacob 
Wendell,  Benjamin  Lyude,  Andrew  Oliver,  James  Bowdoin,  and  Peter  Oliver  Esq" 
are  joined  in  the  Affair." — Ibid.,  p.  296. 

"  April  24, 1760.  A  Petition  of  Charles  Paxton  Esq^  and  others  —  Setting  forth 
That  there  were  divers  Tanyards  in  that  part  of  the  Town  that  was  latly  consumed 
by  Fire,  that  the  Buildings  appertaining  to  them  were  burnt,  and  larger  streets  are 
now  laying  out  there,  which  would  induce  persons  to  build  good  Dwelling  Houses 
in  said  Streets  in  case  the  Tanyards  could  be  removed.  And  Praying  the  Interpo- 
sition of  the  Court  for  that  purpose. 

In  Council  Read  and  Ordered  That  William  Brattle  and  James  Bowdoin  EsqJ* 
with  such  as  the  honourable  House  shall  join  be  a  Committee  to  consider  of  this 
Petition  and  report. 

In  the  House  of  Representatives  Read  and  Concurred  and  M'  Flucker  M^  Russell 
and  Mr  Tyler,  are  joined  in  the  Affair." — Ibid.,  p.  365. 

"  April  24, 1760.  In  the  House  of  Representatives  Ordered  That  the  Committee  of 
both  Houses  appointed  to  regulate  the  Buildings  in  the  Town  of  Boston  and  to 
apply  home  for  relief  &c  be  directed  to  sit  forthwith.  In  Council  Read  and  Con- 
curred."—7&id.,  p.  366, 

"  April  25,  1760.  The  Committee  appointed  Yesterday  on  the  Petition  of  Charles 
Paxton  Esq"^  and  others,  for  removing  certain  Tanyards  in  the  Town  of  Boston 
made  report. 

In  Council  Read  and  Accepted,  And  Ordered  That  the  further  consideration  of 
this  Petition  be  referred  to  the  second  Wednesday  of  the  next  May  Session;  and 
that  it  be  an  instruction  to  the  Persons  impowered  by  an  Act  of  this  Court  to  rega- 


358  Peovince  Laws.— 1759-60.  [Notes.] 

late  the  Streets  &  Buildings  latly  laid  "Waste  by  Fire,  not  to  suffer  or  grant  Permis- 
I  Bion  lor  erecting  any  Buildings  on  the  premisses  in  the  mean  time. 

In  the  House  of  Representatives  Read  and  Nonconcurred  and  Ordered  that  this 
Petition  be  dismissed." — Ibid.,  p.  367. 

"  Aug.  15,  1760.  A  Petition  of  James  Dalton  of  Boston,  in  the  County  of  Suffolk 
Mariner,  Setting  forth,  that  tho'  he  had  no  Buildings  consumed  by  the  late  Fire, 
yet  the  Damage  be  has  sustained  by  demolishing  his  Buildings  to  prevent  the 
spreading  of  the  Fire  Amounts  to  near  One  hundred  and  fifty  pounds  Lawful! 
money.  That  this  is  a  small  Damage  compared  with  what  he  is  like  to  suffer  by 
having  the  Street  laid  out,  from  the'Head  of  Leverets  Lane  at  King  street,  down  to 
Water  street,  and  tli*ough  your  Memorialist's  land,  lying  Eastward  of  his  Dwelling 
House,  as  the  Committee  for  laying  out  Streets  have  it,  and  which  has  been  Con- 
firmed, by  the  Great  and  General  Court  —  That  he  would  not  pretend  to  complain 
of  the  running  of  the  Streets  as  it  is  now  stated,  barely  on  his  own  Account,  but  he 
is  v/ell  assured,  that  he  is  able  to  make  it  evident  that  if  the  Street  was  to  run 
as  it  was  at  first  laid  out,  by  the  Hon'^'«  Committee,  which  is  about  26  feet  further 
Westwardly  than  where  it  is  now  laid  out,  the  Expence  to  the  Town  would  not  be 
so  great  and  all  the  Estates  abutting  on  both  sides  of  the  Streets,  and  upon  Atkin- 
sons Street  also  will  be  much  benefited,  for  hereby  the  Street  will  be  strait  upon 
the  West  side  and  runing  across  Milk  street,  so  joins  with  Atkinsons  Street,  as 
exceedingly  to  add  to  the  Beauty  and  Convenience  of  the  same,  from  the  North 
side  of  King  street,  down  a  great  way  into  Atkinsons  Street,  and  it  would  save 
great  Expence  to  the  Town,  for  if  the  street  runs  as  it  is  at  present  stated,  it  will 
take  full  two  Thirds  of  the  Rev"  M''  Brighams  Estate  out  of  the  Middle,  and  leave 
two  small  useless  strips  of  land,  one  to  the  West  of  the  street,  and  another  to  the 
East  of  it,  and  as  this  street  is  to  run  through  that  Part  of  the  Town,  which  has 
been,  and  will  be  most  full  t  Business,  it  will  be  of  more  General  Convenience,  to 
all  Persons  in  General,  both  in  Town  and  Country,  with  regard  to  the  Private 
Interest  of  the  Memorialist,  he  begs  leave  to  say,  that  if  the  street  should  run,  as  it 
was  at  first  laid  out,  thro  his  Messuage,  in  that  Case  it  takes  166  feet  in  length, 
and  35  feet  in  Bredth  through  the  Middle  of  his  land,  which  seems  no  small  Hard- 
ship, as  the  Fire  never  touched  his  Estate  —  Wherefore  your  memorialist  prays 
Belief, 

In  the  House  of  Representatives  Voted  that  Francis  Borland  Esq'  William  Hall, 
and  Joseph  Calef  be  notified  to  shew  Cause  (if  any  they  have)  at  three  o'Clock  this 
Afternoon,  why  the  Prayer  of  the  Petition  should  not  be  granted.  In  Council  Read 
and  Concurred   In  Council  Read  again,  and  Ordered  that  this  Petition  be  dismissed. 

In  the  House  of  Representatives;  Read  and  Nonconcurred  and  Ordered  that 
the  Committee  heretofore  appointed  to  lay  out  the  ways,  be  impowered  to  alter  the 
street  agreeable  to  the  Prayer  of  the  Petition,  if  they  judge  proper,  the  Law  in  that 
Case  Notwithstanding. 

In  Council  Read  and  Nonconcur  red." — Ibid.,  p.  496. 

"  Dec.  27,  1760.  On  the  Petition  of  James  Dalton,  as  entered  the  fifteenth  day  of 
August  last. 

In  the  House  of  Representatives ;  Read  and  Ordered  that  the  Committee  hereto- 
fore appointed  to  lay  out  the  Streets  in  the  Town  of  Boston,  be  impowered  to  make 
the  Alteration,  agreeable  to  the  Prayer  of  the  Petition,  if  they  jtidge  proper,  the 
Law  in  that  Case  Notwithstanding. 

In  Council  Read  and  Concurred  and  further  Ordered,  that  the  said  Committee 
do  Consider  the  Petition  of  Francis  Borland  Esq'';  or  the  Application  of  any  other 
Persons  against  the  Prayer  of  this  Petition. 

In  the  House  of  Representatives;  Read  and  Concurred  Consented  to  by  the 
Governor." — Ibid.,  p.  539. 

Chap.  31.  "  Jan.  12,  1759.  A  Petition  of  Cornelius  Tarbell  of  Danvers  in  the 
County  of  Essex  —  Setting  forth  That  He  hath  several  Tracts  of  Land  so  situated 
and  intermixt  with  Lands  of  his  Neighbours ;  that  it  is  agreed  by  all  Parties  to  be 
most  convenient  to  inclose  the  same  into  two  common  Pastures;  but  that  he  has 
found  by  long  Experience  that  his  Neighbours  will  not  subject  themselves  to  any 
ju.st  Rules  for  the  equitable  Improvement  of  said  Lands  in  proportion  to  their 
several  Interests.  And  Praying  that  some  Law  be  enacted  for  the  regulation  of 
this  and  the  like  Cases. 

In  tlie  House  of  Representatives  Read  and  Ordered  That  the  Petitioner  serve  the 
several  Persons  interested  in  the  Lands  mentioned  with  an  Attested  copy  of  this 
Petition,  that  they  shew  cause  (if  any  they  have)  on  Friday  the  19'^^  Instant,  if  the 
Court  be  then  sitting,  if  not,  on  the  first  Friday  of  their  next  Sitting  why  the 
Prayer  thereof  should  not  be  granted.  In  Council.  Read  and  Concurred." — Council 
Records,  vol.  XXII., p.  484. 

"  March  19, 1759.  A  Petition  of  Cornelius  Turbell  —  Praying  as  entered  the  12* 
January  last. 

In  Council  Read  again  together  vrith  the  answer  of  Ebenezer  Nourse  and  Others. 
And  Ordered  That  Isaac  Roy  all  Esq  with  such  as  the  honourable  House  shall  join 
be  a  Committee  to  take  the  same  under  consideration,  and  report  what  they  judge 
proper  for  the  Court  to  do  thereon. 

In  the  House  of  Representatives.  Read  and  Concurred  &  Colo  White  and  Col° 
Buckminster  are  joined  in  the  Aifair."  — Ibid.,  p.  608. 

"  March  23, 1759.  The  Committee  appointed  the  19*  Instant  on  the  Petition  of 
Cornelius  Tarbell  reported  their  opinion  —  That  the  Prayer  of  the  Petition  be  so 

*  Sic:  through?  f  Sic:  "of "  omitted? 


[Notes.]  Province  Laws.— 1759-60.  359 

far  granted  as  that  tlie  Petitioner  have  liberty  to  bring  in  a  Bill  to  remedy  the  Incon- 
veniences in  said  Petition  mentioned. 

In  Council.  Read  and  Ordered  That  this  Report  be  accepted,  and  that  the  Peti- 
tioner have  leave  to  bring  in  a  Bill  accordingly. 

In  the  House  of  Representatives.    Read  and  Concurred." — Ibid.,  p.  621. 

"  Prov.  of  the  Mass'^  Bay  | 
in  New  England  )  To  his  Excel?  Tho^  Pownal  Esq"-  Capt°  Gena'  &  GoV 

in  Chief  in  &  Over  The  Province  aforesaid 

To  The  Honbl  The  Council  &  House  of  Representatives  in  Gen^  Court  Assembled 

John  Turner  of  Salem  in  y^  County  of  Essex  Humbly  Shews. 

That  he  and  Timothy  Fullar  of  Middleton  in  y"  County  of  Essex,  are  Tenants 
in  Coiuon  of  The  Island  in  Salem  aforesaid  Called  Bakers  Island  About  a  Quarter 
Part  whereof  belongs  to  y  said  Fullar  and  the  rest  to  your  Pet^ 

That  The  Island  Contains  About  Sixty  Acrces,  and  The  best,  &  Indeed  ye  Only 
Advantagious  Method  of  Improveing  it,  is  by  feeding  Cattle  Thereon  and  So  it  has 
been  Improved,  biit  the  Said  Fullar,  hitherto  has  put  More  than  his  Just  Proportion 
Thereon,  And  will  not  Agree  To  Stint  y<=  Island,  Sell  hia  Interest  Therein,  or  pur- 
chase your  Pet™,  And  their  Interests  Cannot  be  keept  Separate  by  fenceing,  because 
the  Sea,  in  Storms,  Beats  down  &  destroys  all  Fences,  That  have,  or  Can  be  made, 
So  That  Your  Peti"  is  in  danger  of  Looseing  great  part  of  his  Interest  in  ye  Island 
aforesaid  Unless  Relieved  by  Your  Excel?  &  Hon" 

Wherefore  he  humbly  Prays  That  The  Superiour  Court  of  Judicature  &c  May 
be  Impowered,  Upon  Application  Made  to  them  by  Any  One  of  y^  Propriators  of 
ye  Island  afores<i  Setting  forth  That  they  Cannot  Agree  upon  the  Proportion  of 
Cattle^Each  propriator  Shall  put  or  keep  on  y"  Island  aforesaid  To  Feed,  To  Appoint 
a  Comittee  of  Three  or  More  persons,  Under  Oath  to  Settle  y"  proportion  &  Deter- 
mine the  Number  of  Sheep  Horses  or  Othere  Cattle  Each  Propriator  Shall  put  or 
keep  on  the  Island  afores^l  To  feed  there.  According  to  his  Interest  Therein,  have- 
ing  regard  to  the  Quality  a3_well  as  ye  Quantity  of  land  Each  propriator  Owns,  and 
that  the  report  of  That  Comittee,  or  ye  Major  Part  of  them  Accepted  by  ye  Court 
&  Recorded  There  May  be  the  Rule  by  which  Each  Propriator  Shall  be  Obliged, 
Under  Sufficient  Penalties  to  govern  himself,  Until  ye  Farther  Order  of  that  Court, 
Or  that  Your  Excel?  &  Hon's  Would  Otherwise  re'leive  Your  Pef  in  ye  Premises, 
as  in  Your  wisdom  You  Shall  Judge  best.    And  Your  Pef  &c. 

JoHK  Turner. 

In  the  House  of  Repines  Feb?.  13.  1759  — Read  and  Ordered  that  the  Pef  serve  the 
other  Proprietor  within  named  w^^  a  Copy  of  this  Pef^  that  He  shew  cause  if  any 
he  hath  on  the  second  thursday  of  the  next  Sitting  of  this  Court  why  the  Prayer 
thereof  should  not  be  granted 

Sent  up  for  concurrence 
In  Council  Feb?  1.3,  1759  T.  Hubbard  Spk? 

Read  &  concurrd 

A.  Oliver  Sec. 

In  Council  March  8^^  1759  Read  again  together  with  the  Answer  of  Timothy  Fuller: 
and  Ordered  That  Isaac  Royall  Esq  together  with  Such  as  the  Honie  House  shall 
join  be  a  Committee  to  take  the  Petition  and  Answer  under  Consideration  hear  tha 
Parties  and  report  what  they  judge  proper  for  this  Court  to  do  in  the  Affair 
Sent  down  for  Concurrence 

In  the  House  of  Rep'^ea  March  9  1759. 

Bead  and  Concurd  and  Col"  Buckminster  and  Col"  White  are  Joyned  in  the  Affair 

T.  Hubbard  Spk' 

In  Council  March  23''^  1759    Read  &  Ordered  that  the  further  consideration  of 
this  Petition  be  referred  to  the  second  Wednesday  of  the  next  sitting  of  this  Court 
sent  down  for  Concurrence 

Thc  Clarke  Dp*?  Secfy." 
— Mass.  Archives,  vol.  105,  p.  598. 
"Province  of  the  ) 

Massa  bay  J     To  his  Excellency  Thomas  Pownall  Esq*"  Captain  General  & 

Governor  in  Chief  the  hon^ie  the  Council  and  hon''ie  house  of  Representatives  of  the 
said  Province  in  General  Court  assembled  at  Boston  March  8'h  1759. 

Timothy  Fuller  of  Middleton  in  Answer  to  the  petition  of  John  Turner  of  Salem 
Esqr  — 

Humbly  Sheweth 

That  he  the  respond*  is  not  a  tenant  in  common  of  the  said  Island  with  the  pef  but 
his  part  thereof  was  long  since  set  off  &  divided  from  the  rest  by  meets  &  bounds — 

That  he  doth  not  think  that  feeding  is  the  most  profitable  improvem'  that  can  be 
made  of  his  part  thereof  but  thinks  after  long  experience  of  it  that  it  will  be  much 
more  Advantageous  for  your  respond'  to  improve  his  own  part  thereof  by  mowing 
for  the  future  notwithstanding  the  Supposed  difficulty  of  upholding  any  fence  there 
between  his  &  the  pet"  land  there;  for  your  respond'  is  fully  perswaded  that  by 
making  about  twenty  rods  extraordinary  of  good  Stone  wall  such  a  fence  may  be 
forever  upheld  between  them  at  a  very  little  expence  insomuch  that  he  has  for 
Sometime  past  been  fully  resolved  so  to  improve  his  part  by  himself  unless  prevented 
by  your  Excellency  &  honors  and  your  respond*  has  nothing  to  object  against  your 
pet"  going  on  in  his  old  way  of  feeding  his  land  there  as  long  as  he  pleases  and  only 
Ijegs  the  same  liberty  to  himself  of  trying  another  way  of  improving  his  own  part 
being  tired  out  with  feeding  it  any  longer  and  Therefore  your  respond'  prays  he 
may  not  be  hindred  from  so  doing"  wherefore  he  prays  the  petition  aforesaid  may 
bo  dismissed  — 

And  as  in  duty  bound  will  ever  pray  &c.  Timothy  Fuller." — 

Ibid.,  p.  602. 


360  Peovince  Laws.— 1759-60.  [Notes.] 

Chap.  35.  "April  18,  1760.  A  Memorial  of  Daniel  Farnham  "Eaq^  of  Newbury — 
Setting  fourth  —  That  in  the  year  1750.  An  Act  passed  the  Great  and  General  Court 
for  raising  the  sum  of  £1200  —  by  Lottery  for  building  and  maintaining  a  Bridge 
over  the  River  Parker  in  the  Town  of  Newbury  at  the  place  called  Old  Town  Ferry. 

That  the  said  Bridge  is  now  compleated  and  of  great  Publick  service,  the  cost 
whereof  and  the  Charges  of  the  Lottery  amounts  to  £1678  18  4^  And  Praying  that 
another  Lottery  may  be  allowed  for  raising  the  sum  that  is  deficient,  and  inasmuch 
as  Thomas  Berry  Esq''  one  of  the  late  managers  is  dead,  and  John  Greenleaf  Joseph 
Gerrish  and  Joseph  Atkins  Esq"  being  grown  Aged  and  infirm  desire  to  be  excused 
from  acting  any  further  in  the  business  praying  that  some  other  meet  persons  may 
be  appointed  managers  in  their  room. 

In  Council  Read  and  Ordered  That  the  Petitioner  have  liberty  to  bring  in  a  Bill 
for  a  Lottery  or  Lotteries  to  raise  the  sum  of  six  hundred  pounds  in  order  to  reim- 
burse the  sums  advanced  by  the  managers  of  the  late  Lottery  for  Building  a  Bridge 
over  the  River  Parker,  the  Surplus  (if  any  there  be)  after  the  necessary  Charges  of 
said  Lotteries  are  paid  to  be  applied  towards  keeping  the  said  Bridge  in  repair. 

In  the  House  of  Representatives  Read  and  Concurred  —  Council  Records,  vol, 
XXIIL,  p.  337. 

"  Sir,  We  have  had  under  our  consideration  the  Laws  passed  in  the  Province  of 
Massachusets  Bay,  between  February  and  April  1760  amongst  which  there  are 
several  providing  for  the  temporary  and  inconsiderable  services  of  Ferrys,  Roads 
&c.  by  Lotterys,  which  is  a  mode  of  raising  money,  that  in  our  opinion  ought  not 
to  be  countenanced  and  hardly  to  be  admitted  into  practice,  upon  the  most  pressing 
exigency  of  the  State,  more  especially  in  the  Colonys,  where  the  forms  of  Govern- 
ment may  not  admit  of  those  regulations  and  checks  which  are  necessary  to  prevent 
fraud  and  abuse  in  a  matter  so  peculiarly  liable  to  them. 

We  cannot  therefore  but  disapprove  these  Laws  upon  their  general  Principles, 
but  when  we  consider  the  very  unguarded  and  loose  manner  in  which  they  are  in 
general  framed,  the  Objections  areso  many  and  so  strong  that  We  should  certainly 
have  thought  it  our  duty  to  have  laid  them  before  His  Majesty  for  His  Majesty's  dis- 
approbation, were  we  not  restrained  by  the  consideration  that  the  purposes  for  which 
they  were  passed,  having  been  carried  into  full  execution  and  the  Acts  had  their 
full  operation  and  effect,  some  inconveniences  might  attend  the  disannulling  them ; 
but  it  is  our  duty  to  desire  that  you  will  not  for  the  future  give  your  Assent  to  any 
Laws  of  the  like  nature." — Lords  of  Trade  to  Gov.  Bernard,  Apr U21, 1761:  "Mass. 
Bay,  B.  T.,"  vol.  86,  p.  44,  in  Public-Record  Office. 

"  Their  lordships  then  passed  to  another  affair,  and  Lord  Sandys  having  in  his 
hand  four  acts  for  lotteries,  he  inveigh'd  against  them  as  mischievous  in  their  na- 
ture, destructive  to  labor  &  industry,  and  introductive  of  the  spirit  of  gaming,  ever 
attended  with  many  ill  consequences.  In  excuse  for  these  acts,  I  observed  that ' 
the  distresses  occasion'd  by  the  heavy  expence  of  the  war,  of  which  the  province 
had  taken  so  large  a  part,  had  probably  brought  these  lotteries  into  use;  and  the 
whole  board  having  concurr'd  with  his  lordship  in  declaring  their  evil  nature,  I  told 
their  lordships  I  wou'd  take  the  first  opportunity  of  acquainting  the  general  Court 
with  their  sentiments  thereupon.  It  is  needless  to  say  that  many  of  the  most  able 
statesmen  as  well  as  divines  have  always  declared  against  the  use  of  lotteries,  and 
being  fully  persuaded  that  the  continuance  of  them  wou'd  prejudice  the  province's 
desirable  character  in  the  minds  of  some  of  their  best  friends,  as  well  as  be  disa- 
m-eeable  to  others,  I  think  it  my  duty  to  recoinend  a  total  disuse  of  them." — Agent 
Bollan  to  the  Speaker,  May  8,  1761:  Mass.  Archives,  vol.  22,  p.  190. 

See,  also,  note  to  1765-66,  chapter  21,  post. 

Chaps.  36  and  37.    See  note  to  chapter  35,  supra. 

Chap.  38.  "  Jan.  9,  1760.  A  Petition  of  Nathanael  Bartlett  and  Others,  Proprie- 
tors in  a  certain  Beach  at  Monument  Ponds  in  the  Township  of  Plymouth,  and  in  a 
certain  Tract  of  marshy  Land  now  lying  under  Water  there — Setting  forth  That 
there  used  formerly  to  be  cut  about  eighty  Loads  of  Hay  yearly  on  said  marshy 
Ground,  and  that  there  is  a  fine  Brook  running  into  the  Sea  by  said  Beach,  through 
which  Brook  there  used  formerly  great  quantities  of  Alewives  to  go  up  to  cast  their 
Spawn;  but  that  of  late  by  reason  of  Cattle  feeding  on  said  Beach,  the  same  has 
been  greatly  lowered,  and  the  Sand  blown  into  the  Brook  and  on  great  part  of  said 
meadows,  so  that  the  course  of  the  Brook  has  been  Obstructed,  and  the  Water 
raised  so  as  to  overflow  the  marshy  Ground  to  the  great  damage  of  the  Petitioners 
and  of  the  Vicinity ;  And  Praying  that  they  may  be  enabled  to  go  into  Measures  for 
the  remedy  of  these  Evils  and  that  the  Charges  thereof  may  be  borne  by  each  pro- 
prietors in  proportion  to  his  respective  Interest. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Petitioners  serve  the 
other  Proprietors  (non  Petitioners)  with  a  Copy  of  this  Petition,  that  they  shew 
cause  (if  any  they  have)  on  the  first  Friday  of  the  next  Sitting  of  this  Court  why  the 
Prayer  thereof  should  not  be  granted.  In  Council.  Read  and  Concurred."— C'oun- 
cil  Records,  vol.  XXIIL,  p.  156. 

"  April  18,  1760.  A  Petition  of  Nathaniel  Bartlet  and  others  of  Plymouth  Pray- 
ing as  entered  the  9"^  January  last,  that  some  order  may  be  taken  to  prevent 
Horses  and  Cattle  from  feeding  on  a  Certain  Beach  and  Tract  of  Marshy  Ground  at 
Monument  Ponds  in  the  Township  of  Plymouth. 

In  Council  Read  again  and  it  appearing  that  one  of  the  principal  Proprietors  of 
the  Beach  mentioned  had  been  duly  notified  and  no  Answer  given  in.  Ordered 
That  the  Petitioners  have  liberty  to  bring  in  a  Bill  for  the  purposes  mentioned  in 
their  Petition. 

In  the  House  of  Representatives  Bead  and  Concurred."— J6ii.,  p.  337. 


[Notes.]  Province  Laws.— 1759-60.  361 

Chap.  39.  "  June  7, 1759.  A  Petition  of  James  Merick  and  Otliers,  Inhabitants  of 
the  West  part  of  Brimfeild— Setting  forth  the  difficulties  they  labour  under  by  rea- 
son of  their  distance  from  the  place  of  publick  Worship;  and  that  their  numbers  are 
now  so  increased,  that  they  are  willing  to  support  the  Gospel  by  themselves.  And 
praying  they  may  be  made  a  seperate  District  by  certain  Metes  and  Bounds  as 
described  in  said  Petition. 

In  the  House  of  Representatives.  Eead  and  Ordered  That  the  Petitioners  serve 
the  Town  of  Brimfeild  with  a  copy  of  this  Petition  that  they  shew  cause  (if  any 
they  have)  on  the  second  Friday  of  the  next  Sitting  of  this  Court  why  the  Prayer 
thereof  should  not  be  granted. 

In  Council.    Read  and  Concurred." — Council  Records,  vol.  XXIII.,  p.  19. 

"  Jan.  14,  1760.  A  Petition  of  a  number  of  the  Inhabitants  of  the  West  part  of 
Brimfiield — Praying  as  entered  the  7"*  of  June  last  that  they  may  be  formed  into  a 
seperate  District. 

In  Council.  Read  again  together  with  the  Answer  of  the  Town  of  Brimfield. 
And  Ordered  That  Samuel  Watts  and  William  Brattle  Esq"  with  such  as  the  hon- 
ourable House  shall  join  be  a  Committee  to  take  the  Petition  and  Answer  under 
consideration  and  report  what  they  judge  proper  for  this  Court  to  do  thereon. 

In  the  House  of  Representatives.  Read  &  Concurred  and  DoC"  Sawyer,  Capt" 
Bliss,  and  Colo  Ward  are  joined  in  the  Affair.  Further  Voted  That  the  Petitioner* 
of  William  Scot  jun^  be  also  committed  and  considered  and  reported  upon  by  said 
Committee.    In  Council.    Read  and  Concurred." — Ibid.,  p.  111. 

"  January  15,  1760.  The  Committee  appointed  Yesterday  upon  the  Petition  of  a 
Number  of  the  Inhabitants  of  the  West  part  of  Brimfield,  to  whom  likewise  was 
rrferred  the  Petition  of  William  Scott  Jun^  reported  as  follows,  viz' 

The  Committee  have  attended  the  Service  assigned  them  fully  heard  the  Parties 
and  are  unanimously  of  opinion  that  the  Petition  be  dismissed. 

(Signed)    W:  Brattle  ^  Order. 

In  Council.  Read  and  Accepted.  And  Ordered  That  this  Petition  be  dismissed 
accordingly.  In  the  House  of  Representatives  (17*^)  Read  and  Concurred." — Ibid., 
p.  172. 

"  April  19, 1760.  A  Petition  of  a  Number  of  Inhabitants  of  the  Westerly  part  of 
the  Town  of  Brimfield.  Praying  that  they  may  be  erected  into  a  District  by  certain 
bounds  therein  mentioned. 

In  the  House  of  Representatives  Read  and  Ordered  That  Major  Gushing,  Cap' 
Bliss,  and  Cap'  Hubbel  with  such  as  the  honourable  Board  shall  join  be  a  Commit- 
tee to  take  this  Petition  (together  with  the  Petition  of  John  Thompson  and  others 
of  Palmer  accompanying  the  same)  under  consideration  and  Report. 

In  Council  Read  and  Concurred  and  George  Leonard  &  Benjamin  Lincoln  Esq"* 
are  joined  in  the  Affair." — Ibid,  p.  344. 

"  April  22, 1760.  The  Committee  appointed  the  19">  Instant  upon  the  Petition  of  a 
number  of  the  Inhabitants  of  the  Westerly  part  of  Brimfield  Praying  to  be  erected 
into  a  seperate  District,  having  reported  in  favor  of  said  Petition. 

In  Council  Read  aud  Accepted  and  Ordered  That  the  Petitioners  have  liberty  to 
bring  in  a  Bill  accordingly. 

In  the  House  of  Representatives  Read  and  Concurred."— Zfizd.,  p.  350. 

Also  see  note  to  chapter  6,  ante,  under  date  of  June  12,  1760. 

"  April  18,  1761.  In  the  House  of  Representatives;  Whereas  by  one  Law  of  this 
Province  made  in  1760.  a  certain  part  of  then  Township  of  Brimfield  was  erected 
into  a  seperate  District  by  the  name  of  Monson  bounding  as  follows  viz'  beginning 
at  the  Ford  way  at  Chicobee  River  at  Benjamin  Coltons  the  Westerly  side,  thence 
running  a  direct  course  to  a  Chesnut  Tree  standing  a  little  Northerly  of  a  House 
belonging  to  the  heirs  of  Ezra  King  deceased;  thence  South  8<i  8  West  to  the  South- 
erly line  of  said  Brimfield  and  so  extending  West  on  the  Colony  line  to  Springfield 
Bounds,  thence  Northerly  to  the  County  Road  that  goes  from  Boston  to  Springfield, 
from  thence  as  the  Country  Road  runs  to  the  Bridge  that  crosses  said  River  and  as 
the  said  River  runs  to  the  place  first  mentioned.  And  Whereas  afterwards  an  Order 
passed  this  Court  that  the  Inhabitants  together  with  all  the  Lands  lying  in  the  said 
Town  of  Brimfield  North  of  the  Country  Road  leading  from  Boston  to  Springfield 
be  sett  off  to  the  District  of  Palmer  by  the  bounds  following  viz'  beginning  at  the 
Bank  of  Chicobee  River  at  the  North  side  of  said  Country  Road  by  the  Foot  of  Scots 
Bridge  so  called,  then  following  said  Road  and  bounding  South  thereon  to  Spring- 
field line  aforesaid,  then  turning  up  said  River  bounding  Northerly  and  Easterly 
thereon  to  the  Bridge  aforesaid. 

And  Whereas  a  doubt  arises  whether  the  said  Country  Road  from  Springfield  to 
Boston  aforesaid  viz'  that  part  thereof  which  lies  between  the  East  bounds  of  said 
Springfield  and  the  Bridge  aforesaid  be  in  said  Palmer  or  said  Monson  or  rather 
whether  it  be  in  either,  or  they  obliged  to  amend  or  repair  the  same,  and  in  conse- 
quence thereof  each  of  said  Districts  refuse  to  repair  the  same,  tho  greatly  out  of 
repair  And  Whereas  by  said  order  a  considerable  addition  of  Inhabitants  is  made 
to  said  Palmer. 

Therefore  Resolved  and  Ordered  that  the  said  High  way  from  the  said  East  line 
of  said  Springfield  to  said  Bridge  be  and  hereby  is  sett  off  and  annexed  to  the  said 
District  of  Palmer,  and  make  part  thereof;  and  that  the  Southerly  line  of  that  part 
of  said  Palmer  that  was  heretofore  part  of  said  Brimfield  shall  bound  Southerly  on 
the  Southside  of  the  same  County  Road,  anything  in  the  aforesaid  Act  being  other- 
wise Notwithstanding;  and  that  said  District  of  Palmer  be  obliged  to  Repair  and 
amend  the  same  for  the  future  as  part  of  the  Highway  of  Baid  District  as  often  as 
the  same  stands  in  Need  of  Repairs. 

•  Sic:  petition. 


362  Province  Laws. — 1759-60.  [Notes.] 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— J6icZ.,  p.  755. 

"  June  12,  1762.  A  Petition  of  the  District  of  Monson  by  their  Committee  Samuel 
King  and  Others,  Praying  for  a  Tax  of  2*1  ^  Acre  on  the  unimproved  Lands  in  the 
said  District  for  two  years  in  order  to  enable  them  to  build  their  Meeting  House, 
and  to  settle  and  support  a  Minister,  the  number  of  Families  therein  not  exceeding 
forty  five  rendering  the  burden  too  heavy  for  the  Inhabitants. 

In  the  House  of  Representatives ;  Read  and  Ordered  That  the  Petitioners  serve 
the  Proprietors  of  the  unimprov'd  Lands  in  the  within  District  with  a  copy  of  this 
Petition  by  inserting  the  substance  thereof  in  one  of  the  Boston  News  Papers  three 
Weeks  successively,  that  they  shew  cause  (if  any  they  have)  on  the  second  Friday 
of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof  should  not  be  granted.  In 
Council  Read  and  Concurred."— /&id.,  vol.  XXIV.,  p.  434. 

"  Jan.  13,  1763.  A  Petition  of  Samuel  King  and  others  a  Committee  of  the  Dis- 
trict of  Monson,  Praying  for  a  tax  of  2d  ^  Acre  upon  the  whole  of  the  Lands  in  the 
said  District  for  two  Years  to  be  applied  towards  building  their  Meeting  house; 
there  being  but  forty  Families  in  the  said  District,  which  causes  the  burthen  to  ly 
very  heavy  on  the  Inhabitants. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Petitioners  notify 
the  nonresident  Proprietors  of  the  District  of  Monson  of  the  Substance  of  this  Peti- 
tion by  inserting  the  same  in  one  or  more  of  the  Boston  News  Papers  three  weeks 
successively,  as  also  by  Advertising  the  same  at  some  public  place  in  the  said  Dis- 
trict, that  so  they  may  shew  cause  if  any  they  have  on  the  first  Thursday  of  the 
next  Session  of  this  Court  why  the  Prayer  thereof  should  not  be  granted.  In  Coun- 
cil Read  and  Concurred." — Ibid.,  p.  490. 

"Feb.  7,  1763.  In  the  House  of  Representatives,  The  House  being  informed  by 
divers  Members  that  the  Bounds  of  Brimfield,  the  Districts  of  Monson  and  Palmer 
in  the  County  of  Hampshire  as  settled  by  this  Court  is  so  uncertain  that  sundiy 
disputes  have  arose,  and  without  the  interposition  of  this  Court  many  more  are  like 
to  arise  within  said  Town  and  Districts  and  their  Surveyors  of  Highways  respect- 
ing the  repairing  the  Great  Road  leading  from  Boston  to  Springfield  thro  part  of 
the  said  Districts,  and  the  two  Bridges  erected  over  Chicopee  River,  one  on  the 
Easterly  side  of  said  Palmer  between  said  Palmer  and  Brimfield  and  the  other  on 
the  Westerly  side  of  said  Palmer  near  William  Scots  dwelling  house.  Therefore  for 
the  preventing  all  such  disputes  for  tlie  future,  and  that  the  said  Town  and  Districts 
and  the  Surveyors  of  Highways  within  their  Limits  may  fully  understand  their 
duty,  and  that  the  said  Road  and  Bridges  may  be  kept  from  time  to  time  in  good 
Repair,  Resolved  That  the  Bridge  over  Chicupee  River  on  the  East  side  of  the  Dis- 
trict of  Palmer  between  Palmer  and  the  Town  of  Brimfield  upon  said  Road  be 
annexed  to  the  Town  of  Brimfield,  and  that  the  Town  of  Brimfield  shall  keep  the 
same  in  good  repair  from  time  to  time  as  there  shall  be  occasion,  and  shall  be  lyable 
to  the  same  Pains  and  Penalties  of  the  Law  respecting  the  same  as  other  Towns 
respecting  Highways  are.  And  that  the  District  of  Palmer  be  alike  enjoined  to 
maintain  and  keep  in  good  repair  the  other  Bridge  over  said  River  near  the  dwell- 
ing house  of  William  Scott  in  said  Palmer,  and  the  whole  of  the  Country  Road 
from  the  last  mentioned  Bridge  towards  the  East  line  of  the  Town  of  Springfield 
until  it  is  full  one  half  the  way  thither  wheresoever  the  same  shall  happen;  and 
that  the  Remainder  of  said  Road  to  Springfield  Line  be  annexed  to  the  said  District 
of  Monson  and  the  Inhabitants  thereof  be  alike  enjoined  from  time  to  time  to  keep 
the  same  in  good  repair.  In  Council  Read  and  Concurred  Consented  to  by  the 
Governor." — Ibid.,  p.  554. 

Chap.  40.  "  April  26, 1760.  Brigadier  Brattle  went  down  to  the  House  of  Repre- 
sentatives with  the  following  Message  from  his  Excellency  the  Governor  having 
first  Read  the  same  in  Council  viz' 

Gentlemen  of  the  Council  and  House  of  Representatives 

By  the  several  calls  which  the  Kings  Service  in  different  parts  of  North  America 
have  made  on  General  Amherst  for  Troops  you  may  perceive  how  difficult  it  is  for 
him  to  spare  any  of  those  destined  for  the  Western  Service  to  be  employed  in  re- 
lieving those  of  our  People  at  the  Eastward  who  after  the  exiiiration  of  their  time 
of  Service  do  not  choose  to  Inlist  again. 

From  the  Generals  constant  Attention  to  Oblige  this  Government  and  his  strict 
observance  of  his  Engagements  You  may  be  assured  that  he  has  not  a  thought  of 
detaining  our  Men  Contrary  to  such  Engagements;  the  only  difficulty  is  how  to 
relieve  them,  and  as  he  is  distressed  in  that  point,  in  the  same  manner  as  this  Gov- 
ernment is  also  distressed  about  it  I  would  recommend  it  to  your  consideration, 
whether  some  Measures  between  both  might  not  be  thought  of  that  may  relieve  the 
difficulty  on  both  hands. 

April  26 :  1760.  T :  Powxall  '  '—Council 

Records,  vol.  XXIII.,  p.  376. 

"April  26, 1760.  In  the  House  of  Representatives.  The  House  taking  into  con- 
sideration his  Excellency's  Message  of  this  day  to  both  Houses.  Voted  That  his 
Excellency  be  desired  forthwith  to  give  orders  for  the  immediate  iulisting  of  500 
Men  to  be  employed  in  his  Majestys  Service  at  Louisbourg  and  Nova  Scotia  under 
the  Command  of  the  General  of  his  Majestys  Forces  in  North  America  for  the 
relieving  such  of  the  Forces  belonging  to  this  Province  that  are  now  there  and  shall 
not  incline  to  inlist  anew  for  this  "Years  Campaign.  And  that  as  fast  as  the  Com- 
panies shall  be  Compleated.  each  to  consist  of  One  hundred  men  including  Officers, 
that  may  be  sent  to  Louisbourg  and  Nova  Scotia  for  the  purposes  aforesaid.  And 
that  his  Excellency  be  desired  to  write  to  General  Amherst  to  make  Provision  for 
the  transportation  of  said  500  men  and  to  give  the  necessary  orders  for  the  dis- 
mission of  all  the  Forces  there  belonging  to  this  Province,  that  shall  not  inlist 


[Notes.]  Peovince.  Laws  .—1759-60.  363 

again  as  aforesaid,  and  for  their  Conveyance  home.  And  further  Voted  That  each 
Soldier  that  shall  inlist  on  or  before  the  twentieth  day  of  May  next  for  his  Majes- 
ty's Service  at  Louisbourg  and  Nova  Scotia  shall  receive  the  same  bounty  and  be 
Eaid  in  the  same  manner  as  the  bounty  granted  to  the  5000,  men  already  Agreed  to 
e  raised  by  this  Government,  and  shall  receive  the  same  Wages  and  shall  be  dis- 
missed at  the  same  time.  And  further  Voted  That  his  Excellency  the  Governor 
be  desired  to  Commissionate  Gentlemen  belonging  to  this  Province  as  Officers  over 
the  said  five  hundred  Men. 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  379. 

"  May  5,  1760.  His  Excellency  having  laid  before  the  Board  two  Letters  from 
Major  General  Amherst  of  the  oO''»  of  April  relative  to  the  Measures  taken  by  this 
Government  for  relieving  our  Troops  at  Louisbourg  and  Nova  Scotia  by  which  it 
appeared  that  General  Amherst  had  made  no  Provision  for  the  Transportation  of 
the  500  Men  granted  by  this  Government  for  the  Relief  of  said  Troops,  nor  had  given 
any  Orders  for  their  Relief  in  Case  these  500  Men  or  any  part  of  them  should  be 
,  sent  down  to  relieve  said  Troops  and  that  he  desired  to  hear  no  more  of  said  Relief 
And  further  that  it  would  Answer  no  manner  of  purpose  as  by  the  time  these  New 
Levies  can  get  there,  the  others  will  be  coming  back. 

Unanimously  Advised  that  his  Excellency  acquaint  the  Commanding  Officers  of 
the  Provincial  Troops  at  the  Several  Ports  at  Louisbourg  and  Nova  Scotia  of  the 
Several  matters  mentioned  in  the  Generals  said  Letters,  and  that  his  Excellency 
give  orders  to  Suspend  the  Inlisting  of  any  more  Men  for  the  relieving  the  Troops 
at  those  Several  Ports  until  he  can  hear  from  said  officers  what  Number  of  the  Men 
now  there  shall  Inlist,  or  until  the  General  shall  make  Provision  for  the  Transpor- 
tation of  the  New  Levies  and  give  the  necessary  Oi'ders  for  the  relief  of  the  others. 

Ordered  by  the  Governor." — Executive  Records  of  the  Council,  vol.  4,  p.  230. 

"  May  17,  1760.  Advised  that  his  Excellency  give  orders  for  Compleating  the 
Enlistment  of  the  500  Men  Voted  by  the  General  Court  on  the  26'h  of  April  last, 
the  Advice  of  Council  of  the  15"^  instant  for  suspending  said  Enlistment  Notwith- 
standing 

Ordered  by  the  Governor."— J6ic?.,  p.  234. 

"  The  late  Court  had  made  Provision  for  the  raising  exclusive  of  the  other  Lev- 
ies, 500  men  to  relieve  those  of  this  Province  Troops  doing  Duty  at  Cape  Briton  and 
Nov^a  Scotia,  as  should  not  reinlist  after  the  expiration  of  their  Time  of  Service,  I 
gave  immediate  Orders  for  raising  said  Men,  but  as  the  General  acquainted  me  that 
these  Troops  at  the  Eastward  would  be  coming  away  before  the  New  raised  Men 
could  get  down,  and  to  save  the  Province  a  needless  Expence  of  Men  and  Money 
declined  said  Relief.  I  by  Unanimous  Advice  of  Council  suspended  any  Orders  for 
that  particular  Levy.  But  as  a  great  number  of  the  People  stationed  at  S'  Johns 
have  since  actually  come  off  and  as  under  the  present  Circumstances  of  things,  the 
General  will  not  be  able  to  relieve  those  Garrisons  in  the  manner  he  intended,  I 
again  continued  my  Orders  for  the  raising  those  500,  Men.  As  the  time  limited  for 
the  giving  the  Bounty  is  elapsed,  I  must  recommend  it  to  you  to  continue  the  Pro- 
vision to  such  Time  as  may  be  necessary,  and  to  do  every  thing  further  necessary 
to  carry  this  Service  into  Execution. 

Council  Chamber  May  29'ii  1760  T:  'Powi^AL.i.."— Extract 

from  the  Governor's  speech  to  the  Assembly  :  Council  Records,  vol.  XXIII., p.  392. 

"  May  29,  1760.  The  Secretary  carried  down  to  the  House,  a  Petition  signed 
this  present  Month  by  Lieutenant  Col"  Arbuthnott,  and  a  number  of  his  Officers  at 
S'  Johns  Nova  Scotia,  Also  an  Agreement  signed  by  a  Number  of  the  Troops  there 
to  stay  till  they  could  hear  from  the  Government,  which  had  been  communicated 
to  the  Board  together  with  the  Advice  of  Council  concerning  the  raising  the  500, 
Men  provided  for  by  the  Province  to  relieve  their  Troops  at  Louisbourg,  and  Nova 
Scotia  that  a  Certain  Number  have  Agreed  to  stay  untill  they  can  have  an  Answer, 
and  Praying  that  a  Sufficient  Number  of  Men  may  be  sent  for  their  Relief." — Ibid., 
p.  393. 

"  June  17, 1760.    Gentlemen  of  the  Council  and  House  of  Representatives 

The  Encouragement,  Voted  by  the  Court  for  500,  Men  to  Inlist  to  serve  at  Nova 
Scotia,  and  Louisbourg,  ceased  the  \5ft^  Instant,  I  question  whether  above  300, 
Men,  are  yet  Inlisted  for  that  Service, 

and  if  you  will  continue  the  former  Encouragement  I  will  continue  my  endeavours 
that  it  may  have  the  proposed  Effect. 
Council  Chamber  Vl^'^  June  1760—  T:  Hutchinson 

In  the  House  of  Representatives,  Voted  that  the  time  for  the  Inlistment  of  the  500, 
Men  to  serve  at  Nova  Scotia,  &  Louisbourg  which  expired  the  15'ii  Instant  be  Con- 
tinued till  the  SO'ii  Current."— I6Jd.,  p.  463. 


ACTS, 
Passed     1760—61 

[365] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-eighth  day  of  May,  A.D.  1760. 


CHAPTER    1. 


AN  ACT  FOR  GRANTING  THE  SUM  OF  THREE  HUNDRED  POUNDS 
FOR  THE  SUPPORT  OF  HIS  HONOUR  THE  LIEUTENANT-GOVERNOR 
AND  COMMANDER-IN-CHIEF. 

Be  it  enacted  by  the  Lieutenant-Governor^  Council  and  House  of 
Representatives^ 

That  the  sum  of  three  hundred  pounds  be  and  hereby  is  granted  unto  Grant  of  £300 
his  most  excellent  majest}',  to  be  paid  out  of  the  public  treasury  to  his 
lionour  Thomas  Hutchinson,  Esq.,  lieutenant-governor  and  commander- 
in-chief  in  and  over  his  majesty's  province  of  the  Massachusetts  Ba}',  to 
enable  him  to  carry  on  the  affairs  of  government.  {^Passed  June  20  ; 
published  June  23. 


to  the  lieuten- 
ant-governor. 


CHAPTER    2. 


AN    ACT    IN    ADDITION    TO    AN    ACT    INTITULED    "AN    ACT    FOR 
BETTER  REGULATING  THE   CHOICE  OF  PETIT  JURORS. 


THE 


"VYhekeas,  in  and  by  an  act  made  and  pass[e]'d  in  the  present  3'ear  Preamble, 
of  his  majesty's  reign,  intituled  "  An  Act  for  the  better  regulating  the  1^59-60,  chap, 
choice  of  petit  jurors,"  it  is  provided  that  the  selectmen  of  each 
town  within  this  province  should,  some  time  before  the  tenth  day  of 
April  then  next,  take  a  list  of  the  persons  liable  by  law,  and  which 
they  should- judge  able  and  well  qualified,  to  serve  on  the  petit  juries, 
and  lay  the  same  before  the  town,  at  a  meeting  in  May  then  next,  in 
order  to  the  town's  proceeding  thereon  according  to  the  directions  of 
the  said  act ;  and  ivhereas,  in  many  towns,  it  hath  happened,  either 
thro'  inadvertence  or  otherwise,  that  no  such  list  hath  been  taken  by 
the  selectmen  within  the  time  limited  by  the  said  act  as  aforesaid, 
by  means  of  which  neglect  doubts  and  controversies  may  arise,  unless 
prevented  by  the  authority  of  this  court,  — 

Be  it  therefore  enacted  by  the  Lieutenant- Governolujr,  Council  and 
Mouse  of  Representatives, 

[Sect.  1.]     That  the  time  for  taking  such  lists  by  the  selectmen,   Selectmen  to 
and  for  their  respective  town's  proceedings  thereon,  be  extended  to  the  jurorain  July, 
last  day  of  July  next ;  and  that  in  every  town  where  the  selectmen 
shaU  have  taken  such  list,  and  the  town  shall  have  proceeded  thereon 
according  to  the  said  act;  either  on  or  before  the  said  last  day  of  July 

367 


368 


Province  Laws. — 1760-61. 


[Chap.  3.] 


Penalty  for 
neglect. 


next,  the  same  proceedings  shall  be  held  valid  and  good  to  all  intents 
and  purposes  whatsoever. 

And  be  it  further  enacted, 

[Skct.  2.]  That  in  every  town  where  no  such  list  as  is  before  men- 
tioned hath  been  as  ^-et  taken  by  the  selectmen,  if  they  shall  neglect 
to  take  such  list  and  lay  the  same  before  the  town  'till  after  the  last 
day  of  July  next,  every  selectman  so  neglecting  his  duty  shall  forfeit 
and  pay  the  sum  of  three  pounds,  for  the  use  of  the  count}'  in  which 
he  dwells  at  the  time  of  such  neglect,  to  be  recovered  b}'  action  or 
information  brought,  by  the  treasurer  of  such  uounty,  before  any  of 
his  majesty's  courts  of  record  within  the  same.  \_Passed  June  12  ;  * 
published  June  23. 


CHAPTER    3. 

AN  ACT  TO  IMPOWER  WILLIAM  BOLLAN  AND  JOHN  POWNALL, 
ESQUIRES,  TO  RECEIVE  SUCH  SUMS  OF  MONEY  AS  HAVE  BEEN 
ASSIGNED  TO  THE  PROVINCE  OF  THE  MASSACHUSETTS  BAY,  OUT 
OF  THE  GRANT  MADE  BY  THE  PARLIAMENT  OF  GREAT  BRITAIN, 
FOR  THE  EXPENCES  INCURRED  BY  THE  RESPECTIVE  PROVINCES 
IN  NORTH  AMERICA,  IN  THE  LEVYING  CLOATHING  AND  PAY  OF 
THE  TROOPS  RAISED  IN  THE  YEAR  ONE  THOUSAND  SEVEN  HUN- 
DRED AND  FIFTY-EIGHT. 


Preamble. 


■William  Bollan 
and  John  Pow- 
nall.Esqra.,  em- 
powered to 
receive  parlia- 
mentary grant 
for  1758. 


Treasurer 
empowered  to 
receive  money 
on  its  arrival. 


Whereas  the  Parliament  of  Great  Britain  did,  in  the  thirty-second 
year  of  his  majesty's  reign,  grant  the  sum  of  two  hundred  thousand 
pounds  sterling,  to  enable  his  majest}-  to  give  a  proper  compensation 
to  the  respective  provinces  in  North  America  for  the  expences  incurred 
b}'^  them  in  the  levying,  cloathing,  and  pa}',  of  the  troops  raised  by  the 
same,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  fift}-- 
eight,  — 

Be  it  enacted  by  the  Lieutenant- G over nour,  Council  and  House  of 
Represenatives, 

[Sect.  1.]  That  William  Bollan,  Esq.,  agent  for  said  province,  and 
John  Pownall,  Esq.,  and  each  or  either  of  them  in  case  the  other  shall 
refuse,  or  shall  be  prevented  by  death,  sickness  or  otherwise,  be  and 
are  hereby  authorized  and  impowered  to  receive  the  whole  and  every 
part  of  the  sum  or  sums  which  have  been  assigned  by  his  most  gracious 
majesty  to  the  province  of  the  Massachusetts  Bay,  as  their  proportion 
of  the  aforesaid  sum  of  two  hundred  thousand  pounds  granted  as  afore- 
said ;  and,  on  receipt  thereof,  to  give  proper  discharges  to  the  right 
honourable  the  lords  commissioners  of  the  treasury,  therefor,  or  to  any 
person  or  jjersons,  whatsoever,  in  whose  hands  or  possession  the  same 
may  be  ;  and  that  they  pursue  such  instructions  as  the  general  court 
shall  judge  necessary  with  regard  to  the  transportation  of  said  monies 
to  this  province. 

And  be  it  further  enacted^ 

[Sect.  2.]  That  the  treasurer  of  this  province,  for  the  time  being, 
be  and  is  hereby  fully  authorized  and  impowered  to  demand  and  receive 
the  whole  and  every  part  of  the  monies  aforesaid,  from  the  commander 
or  commanders  of  any  vessel  or  vessels  on  board  of  which  the  same 
shall  then  have  been  ship'd,  upon  the  arrival  thereof  in  any  port 
within  this  government.     \_Passed  June  20  ;  published  June  23. 


*  Signed  June  20,  according  to  the  record. 


[1st  Sess.] 


Peovince  Laws. — 1760-61. 


369 


CHAPTER    4. 

AN  ACT  TO  AUTHORIZE  AND  IMPOWER  BENJAMIN  PRATT,  JOHN 
WORTHINGTON  AND  JOSEPH  HAWLEY,  ESQRS.,  TO  TRANSACT 
CERTAIN  AFFAIRS  OF  THIS  PROVINCE,  RESPECTING  THE  UNAP- 
PROPRIATED  LANDS   IN   THE   WESTERN   PART   THEREOF. 


Whereas  sundry  persons  have  presumed  to  purchase  of  the  Stock- 
bridge  Indians,  so  called,  divers  tracts  of  lands  in  the  western  part  of 
this  province,  contrary  to  a  law  of  this  province  made  in  the  thir- 
teenth year  of  the  reign  of  King  William  the  Third,  intituled  "  An  Act 
to  prevent  and  make  void  clandestine  and  illegal  purchases  of  lands 
from  the  Indians,"  whereby  great  mischief  may  ensue,  — 

Be  it  therefore  enacted  by  the  Lieutenant-Governor,  Council  and 
Souse  of  Representatives, 

[Sect.  1.]  That  Benjamin  Pratt,  John  Worthington  and  Joseph 
Hawle}',  Esqrs.,  or  either  of  them,  be  and  they  hereb}'  are  impowered, 
in  the  name  of  this  government,  to  prosecute  all  or  any  person  or 
persons,  who  have  alread}'  made,  or  ma}'  make,  an}'  purchase  of  said 
Indians  in  the  western  part  of  this  government  contrary  to  the  aforesaid 
law,  for  the  penalties  incurred  by  any  breach  of  the  said  law  ;  as 
also,  in  the  name  of  this  government,  to  demand  and  to  take  the  pos- 
session of  any  lands  which  any  person  or  persons  now  are,  or  may 
hereafter  be,  possessed  of  by  virtue  of  such  clandestine  or  illegal  sale 
from  said  Indians  ;  and  also  to  demand,  sue  for,  and  take  the  posses- 
sion of,  any  of  the  aforesaid  lands  that  any  person  or  persons  may  be 
in  jDossession  of  otherwise  than  by  virtue  of  an  authority  derived  from 
this  government ;  and  that  the  said  Benjamin  Pratt,  John  Worthington 
and  Joseph  Haw  ley  be  further  impowered  and  directed,  by  themselves, 
or  some  one  of  them,  to  enter,  in  the  name  and  behalf  of  this  province, 
into  any  or  all  of  the  unappropriated  lands  of  the  province,  west  of 
Connecticut  River  ;  and  that  the  said  Benjamin  Pratt,  John  Worthing- 
ton and  Joseph  Hawley  be  impowered  to  execute,  to  any  person  or 
persons  they  shall  judge  proper,  any  lease  or  leases  of  any  of  said 
lands,  under  such  covenants  as  they  shall  think  best  for  the  interest  of 
the  province,  determinable  on  notice  from  the  said  Benjamin  Pratt, 
John  Worthington  and  Joseph  Hawley,  or  on  the  order  of  the  general 
court. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  the  said  Benjamin  Pratt,  John  Worthington  and 
Joseph  Hawley  be  further  impowered  to  attempt,  in  such  methods  as 
they  shall  judge  best  for  the  province,  a  settlement  of  the  claims  of 
any  Indians  to  any  of  the  said  lands,  and  to  make  and  receive  pro- 
posals for  that  purpose,  to  be  laid  before  the  general  court  for  their 
determination  thereon  :  all  necessary  charges  that  may  be  incurred  by 
the  committee,  in  the  execution  of  the  trust  reposed  in  thern  by  this 
act,  to  be  paid  out  of  the  publick  treasury. 

[Sect.  3.]  This  act  to  continue  and  be  in  force  for  the  space  of 
five  years,  and  no  longer.     [^Passed  June  20  ;  published  June  23. 


Preamble. 


1701-02,  chap. 
11. 


Benjamin  Pratt, 

Esq.,  &c., 
empowered  to 
prosecute,  &c. 


to  receive 
proposals  and 
settle  claims. 


870 


Peovince  Laws.— 1760-61.      [Chaps.  5,  6.] 


CHAPTEK    5. 

AN  ACT  FOR  REVIVING  AND  CONTINUING  SUNDRY  LAWS  THAT  ARE 
EXPIRED  AND  NEAR  EXPIRING. 


Sundry  laws 
revived  and 
continued. 


1744-45,  ch.  25. 
1744-45,  ch.  26. 

1745-46,  chap.  7. 


1748-49,  chap. 
13. 


1749-50,  ch.  22. 
1749-50,  ch.  23. 

1749-50,  ch.  24. 

1751-52,  ch.  17. 

1749-50,  chap.  3. 

175&-57,  chap.  5. 


Their  continu- 
ance for  ten 
years  from  the 
letof  July,  1760. 


Whereas  the  several  acts  hereinafter  mentioned,  which  are  now  ex- 
pired or  near  expiring,  have  been  found  useful  and  beneficial ;  namely, 
two  acts  made  in  the  eighteenth  year  of  his  present  majesty's  reign, 
one,  intituled  "An  Act  to  prevent  mischief  being  done  by  unruly 
dogs,"  the  other,  intituled  "An  Act  to  prevent  neat  cattle  and  horses 
running  at  large  and  feeding  on  the  beaches  adjoining  to  eastern  har- 
bour meadows,  in  the  town  of  Truro  "  ;  and  one  other  act  made  in  the 
eighteenth  and  nineteenth  3-ear  of  said  reign,  intituled  "An  Act  to 
prevent  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  year  of  said  reign,  intituled  "An  Act  to  prevent 
damage  being  done  on  the  beach,  and  meadows  in  Plymouth  adjoining 
to  said  beach,  commonly  known  b}^  the  name  of  Plymouth  Beach"; 
three  acts  made  in  the  twenty -third  j'ear  of  said  reign,  one  intituled 
"  An  Act  against  diminishing  or  counterfeiting  money,"  one  other 
intituled  "An  Act  in  addition  to  and  for  rendering  more  efiectual 
'  An  Act  for  the  restraining  the  taking  excessive  usury,'  "  the  other 
intituled  "  An  Act  to  prevent  stage-pla3"s  and  other  theatrical  enter- 
tainments "  ;  an  act  made  in  the  twenty-fourth  3'ear  of  said  reign, 
intituled  "  An  Act  for  the  better  regulation  of  the  course  of  judicial 
proceedings  "  ;  "  An  Act  to  prevent  the  disturbance  given  the  general 
court  by  the  passing  of  coaches,  chaises,  carts,  trucks  and  other  car- 
riages by  the  province  court-house  "  ;  also  an  act  made  and  passed 
in  the  twenty-ninth  year  of  his  present  majesty's  reign,  intituled  "An 
Act  for  inlisting  the  inhabitants  of  Dorchester,  Wej-mouth,  and  Charles- 
town  into  his  majest3''s  service  for  the  defence  of  Castle  William,  as 
occasion  shall  require,"  — 

Be  it  therefore  enacted  by  the  Lieutenant-Governor,  Council  and 
House  of  Representatives, 

That  such  of  the  before-mentioned  acts  as  are  expired,  with  aU  and 
every  article,  clause,  matter  and  thing  therein  respectively  contained, 
be  and  they  hereby  are  revived ;  and  such  of  said  acts  as  are  near 
expiring  are  continued ;  and  all  the  said  acts  shall  be  in  force  from  the 
first  day  of  July  next  for  the  space  of  ten  years,  and  to  the  end  of  the 
then  next  session  of  the  general  court,  and  no  longer.  [^Passed  June 
20  ;  published  June  23. 


CHAPTER    6. 


AN  ACT  [TO]  [FOE]  SUPPLY[/iV^G']  THE  TREASURY  WITH  THE  SUM  OF 
SEVENTY  THOUSAND  TWO  HUNDRED  AND  FOURTEEN  POUNDS. 


Preamble. 

1758-59,  chap.  4, 

§7. 

1758-59,  chap. 

28,  §  3. 

1758-59,  chap. 
32,  §  5. 


Whereas  the  great  and  general  court  or  assembty  of  this  province 
did,  in  their  sessions  in  May,  one  thousand  seven  hundred  and  fifty- 
eiglit,  levy  a  tax  of  one  hundred  thousand  pounds  ;  and  also  in  their 
session  in  March,  one  thousand  seven  hundred  and  fift3'-nine,  did  levy 
another  tax  of  eighteen  thousand  pounds  ;  and  also  in  their  session  in 
April  following,  did  lev}'  another  tax  of  fourteen  thousand  five  hundred 
and  sixty  pounds  ;  and  did  also,  at  their  session  in  October  following, 


[1st  Sess.] 


PnovmcE  Laws. — 1760-61. 


371 


levy  a  tax  of  sixtj'-four  thousand  pounds,  but  by  a  subsequent  act  of  1759-60,  chap.  8, 
the  province  made  and  passed  in  January,  one  thousand  seven  hundred  ^** 
and  sixty,  upon  this  province  receiving  twent}-- seven  thousand  five 
hundred  and  sevent^'-four  pounds  ten  shilUngs,  part  of  a  parliamentar}^ 
grant,  they  ordered  and  directed  that,  instead  of  a  tax  of  sixty-four  1759-6O,  chap, 
thousand  pounds,  there  should  be  issued  a  tax  but  of  thirty-five  thou-  ^^' 
sand  pounds,  —  all  which  sums  amount  to  one  hundred  and  sixty-seven 
thousand  five  hundred  and  sixt}'  pounds  :  and,  bj^  the  acts  aforesaid, 
provision  was  made  that  the  general  court  at  this  present  session  might 
apportion  the  same  on  the  several  towns,  districts,  parishes  and  places 
within  this  province,  if  the}'  thought  fit ;  and  lohereas  it  was  expected 
b}'  the  general  court  that  this  province's  proportion  of  the  grant  made 
by  parliament,  on  account  of  the  expences  incurred  b}'^  the  several  colo- 
nies in  his  majest3''s  service  in  the  jear  one  thousand  seven  hundred 
and  fift3'-eight,  would  have  arrived  seasonably  enough  to  have  pre- 
vented so  large  a  tax  going  forth  ;  but  the  proportion  of  the  gi-ant 
aforesaid  not  being  arrived,  and  it  being  represented  to  this  court 
that  divers  persons  api^ear  willing  to  lend  a  considerable  sum  of  money, 
to  pa}'  off  such  government  securities  for  the  payment  of  which  the 
tax  aforesaid  was  to  issue  ;  and  the  said  coui't  at  their  i^resent  session, 
in  consequence  of  such  representation,  having  apportioned  a  tax  of 
ninety-seven  thousand  thi-ee  hundred  and  fort3'-five  pounds  thirteen 
shillings,  on  the  polls  and  estates  within  this  province,  there  will  be 
wanted  the  sum  of  sevent}-  thousand  two  hundred  and  fourteen  pounds 
seven  shillings,  to  answer  the  purposes  for  which  the  tax  aforesaid  was 
to  be  lev[i]  [?/]ed,  — 

Be  it  enacted  by  the  Lieutenant-Governo[yi]r,  Council  and  House  of 
Representatives^ 

[Sect.  1.]  That  the  treasurer  of  this  pro^dnce  be  and  hereby  is  Treasurer  em- 
directed  and  impowered  to  borrow,  from  such  persons  as  shall  be  will-  row  £70  214!**''* 
ing  to  lend  as  aforesaid,  a  sum  not  exceeding  seventy  thousand  two 
hundred  and  fourteen  pounds  seven  shillings,  in  Spanish  mill'd  dol- 
lars, at  six  shillings  each,  or  in  coined  silver,  sterling  alio}',  at  bix 
shillings  and  eightpence  per  ounce  ;  and  the  sum  so  borrowed  shall  be 
applied  by  the  treasurer  for  the  discharge  of  those  government  securi- 
ties which  will  become  due  in  the  year  one  thousand  seven  hundred 
and  sixty-one  :  and  for  the  sum  so  borrowed  the  treasurer  shall  give  a 
receipt  and  obligation  iu  the  form  following  :  — 

Provuice  of  the  Massachusetts  Bay,  the  day  of  ,  1760.    Form  of  treas- 

Eeceived  of  the  sum  of  ,  for  the  use  and  ser-   '^''^r's  receipt, 

vice  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  twentieth  day  of  June,  one 

thousand  seven  hundred  and  sixty-two,  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. 

Witness  my  hand, 

And  as  a  fund  and  security  to  enable  the  treasurer  to  discharge  the 
obligations  by  him  given  in  pursuance  of  this  act,  — 

Be  it  enacted^ 

[Sect.  2.]     That  there  be  and  hereby  is  granted  to  his  most  excel-  Tax  of  £75,000 
lent  majesty  a  tax  of  seventy-five  thousand  pounds,  to  be  levied  on  granted  iu  uei. 
polls,  and  estates  both  real  and  personal,  according  to  such  rules  and 
in  such  proportion  on  the  several  towns,  districts,  parishes  and  other 
places  within  the  province,  as  shall  be  ordered  by  the  general  court  at 
their  session  in  May,  one  thousand  seven  hundred  and  sixty-one. 

And  he  it  further  enacted, 

[Sect.  3.]     That  in  case  the  general  court  shall  not,  at  their  session  Euie for  appor- 


372 


Peovince  Laws. — 1760-61. 


[Chap.  7.] 


tioning  the  tax 
in  case  no  tax 
act  shall  he 
agreed  on. 


Treasurer  em- 
powered and 
directed. 


Treasurer  fur- 
ther directed,  in 
caee. 


in  May,  one  thousand  seven  hundred  and  sixty-one,  and  before  the 
twentieth  day  of  June  following,  agree  and  conclude  upon  an  act 
apportioning  the  sum  which  by  this  act  is  engaged  to  be  apportioned,  as- 
sessed and  levied,  that  then  and  in  such  case,  such  towns,  districts, 
parishes  or  other  places  shall  pay,  bj-  a  tax  to  be  levied  on  the  polls, 
and  estate  both  real  and  personal,  within  their  respective  limits,  the 
same  proportion  of  the  said  sum  as  the  said  towns,  districts,  parishes 
or  other  places  were  taxed  by  the  general  court  in  the  tax  act  then  last 
preceeding. 

[Sect.  4.]  And  the  province  treasurer  is  hereby  fully  impowered 
and  directed,  in  the  month  of  June,  one  thousand  seven  hundred  and 
sixtj'-one,  to  issue  and  send  forth  his  warrants,  directed  to  the  select- 
men or  assessors  of  each  town,  district,  parish  or  other  place  within  this 
province,  requiring  them  to  assess  the  polls,  and  estates  both  real  and 
personal,  within  their  respective  towns,  districts,  parishes  or  other 
places,  for  their  respective  parts  and  proportion  of  the  sum  before 
directed  and  engaged  to  be  assessed,  to  be  paid  into  the  publick  treas- 
ury by  the  twentieth  day  of  March,  one  thousand  seven  hundred  and 
sixt3'-two ;  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  then  last  preceeding  tax  act ;  and  the  assessors 
shall  incur  [r]  the  same  penalty  for  not  apportioning  the  sums  laid  upon 
their  respective  towns,  districts,  parishes  or  other  places,  as  though 
the  same  had  been  assessed  upon  them  by  an  act  of  the  general  court. 

And  be  it  farther  enacted, 

[Sect.  5.]  That  if  the  treasurer  shall  not  be  able  to  borrow  the 
whole  of  the  sum  aforesaid  on  or  before  the  twentieth  day  of  October 
next,  then  and  in  that  case  he  shall  issue  forth  his  warrants,  directed  to 
the  selectmen  or  assessors  in  each  of  the  towns  and  districts  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[s]  and  proportion  of  whatever  sum  he  shall  not  be  able  to  borrow 
of  the  seventy  thousand  two  hundred  and  fourteen  pounds  seven  shil- 
lings aforesaid,  to  be  paid  into  the  publick  treasurj^  by  the  twenty-ninth 
day  of  March,  one  thousand  seven  hundred  and  sixty-one ;  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 
then  last  preceeding  tax  act.     \^Passed  June  21  ;  published  June  23. 


CHAPTEE    7. 

AN  ACT  FOR  ERECTING  AND   ESTABLISHING  TWO  NEW  COUNTIES  IN 
THE  EASTERLY  PART  OF  THE   COUNTY  OF  YORK. 


Preamble. 


County  of  York, 
how  bounded. 


Whereas  the  great  extent  of  the  county  of  York  makes  it  conven- 
ient that  two  new  counties  should  be  erected  and  established  in  the 
easte*'!}'^  part  thereof,  — 

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

[Sect.  1.]  That  the  county  of  York  aforesaid  shall  be  and  it 
hereby  is  declared  to  be  bounded  on  the  east,  b}*  a  line  to  run  from  the 
sea,  north- westerl}',  upon  the  easterl}' line  of  the  township  of  Biddeford, 
as  far  as  Narraganset[f],  Number  One  ;  from  thence,  north-easterly,  on 
said  Narragansett,  to  the  eastermost  corner  thereof ;  from  thence,  north- 
westerly, on  said  Narragansett,  to  the  northermost  corner  thereof; 


[1st  Sess.]  Province  Laws. — 1760-61. 


373 


from  thence,  south- westerty,  on  said  Narraganset[<] ,  toSaco  River  ;  from 
thence,  up  said  Saco  River  as  far  as  Pearsontown  extends  thereon ; 
and  from  thence,  to  run  north,  two  degrees  west,  on  a  true  course,  as  far 
as  the  utmost  northern  limits  of  this  province  :  all  the  other  boundary- 
lines  of  said  county  to  remain  the  same  as  heretofore. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  westermost  of  the  two  new  counties  aforesaid 
shall  be  and  it  is  hereby  declared  to  be  bounded  on  the  west,  by  the 
easterly  line  of  the  county  of  York  above  described  ;  on  the  north,  by 
the  utmost  northern  limits  of  this  province  ;  on  the  south-east,  by  the  sea, 
or  western  ocean,  and  by  Casco  Bay,  — from  the  easterl}-  point  of  which 
bay ;  viz"^'-^,  from  Small  Point,  the  line  shall  run  north-westerly  upon 
said  Casco  Ba}^  to  New-Meadows  creek  or  river,  and  up  said  creek 
or  river  as  far  as  Stevens'  carrying-place,  at  the  head  of  said  creek  or 
river ;  thence,  across  said  carrying-place,  to  Merry-Meeting  Bay  and 
Androscoggin  River ;  from  thence,  it  shall  run  up  said  Androscoggin 
River,  thirty-  miles  ;  and  from  thence,  north,  two  degrees  west,  on  a  true 
course,  to  the  utmost  northern  limits  of  this  province,  including  all  the 
islands  in  Casco  Bay  aforesaid  and  on  the  seacoast  of  the  said  new 
county :  and  all  the  towns,  districts  and  lands  within  said  bounds, 
together  with  the  islands  aforesaid,  shall,  from  and  after  the  first  day 
of  November,  one  thousand  seven  hundred  and  sixty,  be  and  remain 
one  entire  and  distinct  county  by  the  name  of  Cumberland,  of  which 
Falmouth  shall  be  the  shire  or  county  town  ;  and  the  inhabitants  of  said 
county  of  l^Cuviberlandl^  shall  have,  use,  exercise  and  enjoj^  all  such 
powers,  priviledges  and  immunities  as  by  law  the  inhabitants  of  any 
other  county  within  this  province  have,  use,  exercise  and  enjoy. 

And  be  it  further  enacted, 

[Sect.  3.]  That  there  shall  be  held  and  kept  within  the  said  county 
of  [_Cuml)erland'],  a  court  of  general  sessions  of  the  peace,  and  an 
inferio[H]r  court  of  common  pleas,  to  sit  at  Falmouth  aforesaid  on  the 
first  Tuesdays  of  May  and  September,  yearly,  and  in  every  year,  until 
this  court  shall  otherwise  order  ;  ai^o  that  there  shall  be  held  and  kept 
at  Falmouth  aforesaid,  until  this  court  shall  otherwise  order,  a  supe- 
rio[M]r  court  of  judicature,  court  of  assize  and  general  goal  delivery, 
to  sit  on  the  fourth  Tuesday  of  June,  yearly,  and  every  year  ;  and  the 
justices  of  the  said  court  of  general  sessions  of  the  peace,  inferio[M]r 
court  of  common  pleas,  superio[w]r  court  of  judicature,  court  of  assize, 
and  general  goal  delivery,  respectively,  who  are  or  shall  be  thereunto 
lawfully  commissioned  and  appointed,  shall  have,  hold,  use,  exercise 
and  enjoy,  all  and  singular,  the  powers  which  are  by  law  already  given 
and  granted  unto  them  within  any  other  county  of  this  province,  where 
a  court  of  general  sessions  of  the  peace,  inferio[M]r  court  of  common 
pleas,  superio[M]r  court  of  judicature,  court  of  assize  and  general  goal 
delivery  are  alread}'  established. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  justices  of  the  court  of  general  sessions  of  the 
peace,  at  their  first  meeting  in  the  said  county  of  '[Cumberland^,  shall 
have  full  power  and  authority  to  appoint  some  fit  person  within  the  said 
county  of  [Cumberland'],  to  be  register  of  deeds  and  conveyances 
within  the  same,  who  shall  be  sworn  to  the  faithful  discharge  of  his 
trust  in  the  said  office,  and  shall  continue  to  hold  and  exercise  the 
same,  according  to  the  directions  of  the  law,  until  some  person  be 
elected  by  the  freeholders  of  the  said  county  of  [Cumberland'],  who  are 
hereby  impowered  to  ch[u][oo]se  such  person,  at  their  first  March 
meeting  within  their  respective  towns  and  districts,  in  the  method 
already  by  law  prescribed  ;  which  person,  taking  upon  him  that  trust, 
shall  be  sworn  to  the  faithful  discharge  thereof ;  and  until  such  register 


New  county  of 
Cumberland, 
how  bounded. 


Inferior  courts 
to  be  held  at 
Falmouth. 


Superior  court 
to  be  held  at 
Fahnouth. 


Justices  of  the 
court  of  ses- 
sions at  their 
first  meeting  to 
appoint  a  regis, 
ter  of  deeds. 


374 


Peovince  Laws. — 1760-61. 


[Chap.  7.] 


Register  and 
other  otficers  to 
be  afterwards 
chosen  as  in 
other  counties. 


New  county  of 
Lincoin. 


Inferior  court 
to  be  held  at 
Pownalborough 


Ruperior  court 
at  Falmouth. 


Governor,  with 
advice  of  coun- 
cil, to  appoint  a 
register  of  deeds 
during  the  term 
of  five  years. 


shall  be  so  appointed  by  the  said  justices,  and  sworn,  all  deeds  and 
convej-ances  of  land  lying  within  any  part  of  the  said  county  of  \^Cu7n- 
berland'],  being  recorded  in  the  register's  office  of  the  count}''  of  York 
aforesaid,  shall  be  held  good  and  valid  to  all  intents  and  purposes,  so 
far  as  relates  to  the  record  of  them. 

And  be  it  further  enacted^ 

[Sect.  5.]  That  the  method  and  proceedings  directed  to  by  law, 
for  the  ch[u][oo]sing  a  register  of  deeds  and  convej^ances,  and  a 
county  treasurer  (which  last-mentioned  officer  shall  be  chosen  and 
appointed,  in  manner  as  the  law  directs,  at  the  next  March  meeting  of 
the  freeholders  aforesaid) ,  also  for  the  bringing  forward  and  trying  any 
actions,  causes,  pleas  or  suits,  both  civil  and  criminal,  in  the  several 
counties  of  this  province,  and  courts  of  judicature  within  the  same, 
and  for  ch[u][oo]sing  of  jurors  to  serve  at  the  several  courts  of  justice, 
shall  be  observed  and  put  in  practice  within  the  said  county  of  [Cum- 
berland'] ,  and  by  the  courts  of  jfistice  within  the  same  ;  any  law,  usage 
or  custom  to  the  contrary  notwithstanding. 

And  be  it  further  enacted^ 

[Sect.  6.]  That  the  most  eastern  county  shall  be  bounded  in  the 
following  manner ;  that  is  to  sa}',  on  the  west,  by  the  county  of  [Cum- 
berland'] aforesaid  ;  on  the  east,  by  the  province  of  Nova  Scotia  ;  on  the 
south  and  south-east,  by  the  sea,  or  western  ocean  ;  and  on  the  north, 
by  the  utmost  northern  limits  of  this  province,  including  all  the  islands 
to  the  eastward  of  the  county  of  [Cumberland]  aforesaid  ;  and  all 
the  towns,  districts  and  lands  within  said  bounds,  together  with  the 
islands  aforesaid,  shall,  from  and  after  the  first  day  of  November,  one 
thousand  seven  hundred  and  sixty,  be  and  remain  one  [i][e]ntire  and 
distinct  count}^  by  the  name  of  Lincoln,  of  which  Pownalborough  shall 
be  the  shire,  or  count}',  town  ;  and  the  inhabitants  of  the  said  county  of 
[Lincoln]  shall  have,  use,  exercise  and  enjoy  all  such  powers,  privi- 
ledges  and  immunities  as  by  law  the  inhabitants  of  anj'  other  county 
within  this  province  have,  use,  exercise  and  enjoy. 

And  be  it  further  enacted^ 

[Sect.  7.]  That  there  shall  be  held  and  kept  within  the  said  county 
of  [Lincoln]^  a  court  of  general  sessions  of  the  peace,  and  an  infe- 
rio[z(]r  court  of  common  pleas,  to  sit  at  Pownalborough  aforesaid  on 
the  second  Tuesdays  of  May  and  September,  yearly,  and  in  every  year, 
until  this  court  shall  otherwise  order.  And  the  justices  of  the  said 
court  of  the  general  sessions  of  the  peace,  and  of  the  said  inferio[?<]r 
court  of  common  pleas,  who  are  or  shall  be  thereunto  lawfull}'  com- 
missioned and  appointed,  shall  have,  hold,  use,  exercise  and  enjo}',  all 
and  singular,  the  powers  which  are  by  law  already  given  and  granted 
to  such  justices  within  any  other  count}'  of  this  province,  where  a  court 
of  general  sessions  of  the  peace,  and  inferiour  court  of  common  pleas, 
are  already  established.  And  all  appeals  from  any  judgment  or  judg- 
ments given  at  any  courts  of  general  sessions,  and  at  any  inferiour 
court  of  common  pleas,  within  the  said  county  of  [Lincoln],  shall  be 
heard  and  tried  at  the  superio[M]r  court  of  judicature,  to  be  held  yearly 
at  Falmouth  as  aforesaid. 

And  be  it  further  eyiacted, 

[Sect.  8.]  That  the  Govemour,  with  the  advice  and  consent  of  his 
majesty's  council,  shall  be  authorized  to  appoint,  for  and  during  the 
term  of  five  years  from  February  next,  some  fit  person  within  the 
county  of  [Liiicoln] ,  to  be  register  of  deeds  and  conveyances  within 
the  same,  who  shall  be  sworn  to  the  faithful  discharge  of  his  trust  in 
said  office,  and  shall  continue  therein  to  the  end  of  the  term  aforesaid, 
and  until  some  fit  person  be  chosen  and  appointed,  in  his  stead,  b}-  the 
freeholders  and  other  inhabitants,  of  the  several  towns  and  districts 


[1st  Sess.] 


Province  Laws. — 1760-61. 


375 


within  the  said  county,  qualified  according  to  law  to  act  in  town  and 
county  affairs  ;  and  the  said  register  shall  be  sworn  to  the  faithful 
discharge  of  his  office  in  the  manner  required  bj'  law,  and  shall  act  in 
his  said  office  according  to  the  directions  of  the  law  ;  and,  until  a  regis- 
ter shall  be  appointed  and  sworn,  all  deeds  and  conveyances  of  land 
lying  in  any  part  of  the  said  county  of  [^Lincoln'] ,  being  recorded  in 
the  register's  office  in  the  county  of  York  aforesaid,  shall  be  held  good 
and  valid,  to  all  intents  and  pur^wses,  so  far  as  relates  to  the  recording 
of  the  same. 

And  be  it  further  enacted, 

[Sect.  9.]  That  the  method  and  proceedings  directed  to  by  law 
for  choosing  a  county  treasurer,  also  for  the  bringing  forward  and  try- 
ing any  actions,  causes,  pleas  or  suits,  both  civil  and  criminal,  in  the 
several  counties  of  this  province,  and  courts  of  judicature  within  the 
same,  and  for  choosing  of  jurors  to  serve  at  the  several  courts  of  jus- 
tice, shall  be  observed  and  put  in  practice  within  the  said  county  of 
\^Li7icoln2,  and  by  the  courts  of  justice  within  the  same  ;  any  law,  usage 
or  custom  to  the  contrary  notwithstanding. 

And  be  it  farther  enacted, 

[Sect.  10.]  That  all  writs,  suits,  plaints,  processes,  appeals, 
reviews  and  recognizances,  and  any  other  matters  or  things  which  now 
are,  or  at  any  time  before  the  aforesaid  first  day  of  November,  one 
thousand  seven  hundred  and  sixty,  shall  be,  depending  in  any  court 
within  the  county  of  York,  and  all  matters  and  things  which  now  are, 
or  at  any  time  before  the  said  first  daj^  of  November  aforesaid,  shall 
bo,  depending  before  the  judge  of  probate  for  the  said  county  of  York, 
shall  be  heard,  tried,  proceeded  upon  and  determined  at  such  time  and 
place,  and  in  such  manner,  as  they  would  have  been  if  this  act  had  not 
been  made. 

And  be  it  further  enacted, 

[Sect.  11.]  That  nothing  in  this  act  contained  shall  be  construed 
to  disannul,  defeat,  or  make  void,  any  deeds  or  conveyances  of  land 
lying  in  either  of  the  new  counties  aforesaid,  which  are,  or  shall  be, 
before  the  establishment  of  a  register  in  each  county,  respectively, 
recorded  in  the  register's  office  of  the  county  of  York  aforesaid ;  but 
all  such  deeds  and  conveyances  so  recorded  shall  be  held  as  good  and 
valid  as  they  would  have  been  in  case  this  act  had  not  been  made. 

And  be  it  further  enacted, 

[Sect.  12.]     That  the  inhabitants  of  the  several  towns  and  districts 

within  the  counties  aforesaid  shall  pa}'  their  proportion  of  all  county 

rates  or  taxes  already  granted  and  made,  in  the  same  manner  as  they 

would  have  done  if  this  act  had  not  been  made.     \_Passed  June  21 ;  * 

.publis/ied  June  23. 


CHAPTER    8. 

AN  ACT  FOE,  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  ONE 
HUNDRED  AND  EIGHT  THOUSAND  POUNDS,  TO  BE  THENCE  ISSUED 
FOR  DISCHARGING  THE  PUBLICK  DEBTS,  AND  DRAWING  THE  SAME 
INTO  THE  TREASURY  AGAIN. 


County  treas- 
urer, &c.,  as  in 
other  counties. 


Matters  cog- 
nizable in  the 
county  of  York:. 


Deeds  regis- 
tered  in  the 
county  of  York, 
before  a  register 
is  appointed, 
held  good. 


County  taxes 
held  good. 


Whereas  it  is  necessary  that  provision  be  made  by  the  general  court  Preamble, 
for  discharging  the  debts  of  the  ensuing  3'ear,  — 

Be  it  enacted  by  the  Lieutenant-Governor,  Council  and  Souse  of 
Representatives, 

[Sect.  1.]     That  the  treasurer  of  the  province  be  and  he  hereby  is  Treasurer  em- 

•  Signed  June  20,  according  to  the  record. 


376 


PEovmcE  Laws. — 1760-61. 


[Chap.  8.] 


powered  to  ■bor- 
row £108,000. 


FoiTO  of  treas- 
urer's receipt. 


£88,000  payable 
June  20, 1765. 


£80,000  for 
Canada  expe- 
dition. 


£7,000  for  forts 
and  garrisons. 


£6,000  for  pro- 
visions, com- 
missary's dis- 
bursements, &c. 

£5,000  for 
premiums,  &c. 


£3,150  for  dis- 
ciiarging  debts 
where  there  is 
no  establish- 
ment, &c. 


£3,000  for  pay 
of  councellors' 
and  representa- 
tives' attend- 
ance. 

£3,500  for 
armed  vessels. 


£200  for  the  pay 


impowered  and  directed  to  borrow,  from  such  person  or  persons  as  shall 
be  willing  to  lend  the  same,  a  sum  not  exceeding  one  hundred  and 
eight  thousand  pounds,  in  mill'd  dollars  at  six  shillings  each,  or  in 
other  coin'd  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  the  sum  of  twenty  thousand  pounds,  being  part  of  the 
aforesaid  sum  of  one  hundred  and  eight  thousand  pounds,  the  treasurer 
shall  give  his  receipt  or  obligation  in  the  form  following :  — 

Province  of  the  Massachusetts  Bay,  the  day  of 

Received  of  the  sum  of  ,  for  the  use  and  ser- 

vice of  the  province  of  the  Massachusetts  Bay ;  and,  in  behalf  of  said  province, 
I  do  promise  and  oblige  myself  and  successors  in  the  office  of  ti'easurer,  to 
repay  the  said  or  order,  the  twentieth  day  of  June,  one  thou- 

sand seven  hundred  and  sixty-four,  the  aforesaid  sum  of  ,  in 

coined  silver  at  six  shillings  and  eightpence  per  ounce,  or  Spanish  mill'd  dol- 
lars at  six  shillings  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  six  pounds. 

[Sect.  2.]  And  for  the  further  sum  of  eighty-eight  thousand 
pounds,  being  the  remainder  of  the  aforesaid  sum  of  one  hundred  and 
eight  thousand  pounds,  the  treasurer  shall  give  his  notes,  in  the  form 
aforesaid,  payable  the  twentieth  day  of  June,  one  thousand  seven  hun- 
dred and  sixty-five ;  and  no  receipt  shall  be  given  for  less  than  six 
pounds. 

And  be  it  further  enacted., 

[Sect.  3.]  That  the  aforesaid  sum  of  one  hundred  and  eight  thou- 
sand pounds,  when  received  into  the  treasury,  shall  be  issued  in  the 
manner  and  for  the  purposes  following ;  that  is  to  sa^',  the  sum  of 
eighty  thousand  pounds,  part  of  the  aforesaid  sum  of  one  hundred  and 
eight  thousand  pounds,  shall  be  applied  for  the  pa^'ment  of  the  ex- 
pences  in  the  present  expedition  against  Canada  ;  and  the  further  sum 
of  seven  thousand  pounds,  part  of  the  aforesaid  sum  of  one  hundred 
and  eight  thousand  pounds,  shall  be  applied  for  the  service  of  the  sev- 
eral forts  and  garrisons  within  this  province,  pursuant  to  such  grants 
and  orders  as  are  or  shall  be  made  b}^  this  court  for  these  purposes ; 
and  the  further  sum  of  six  thousand  pounds,  part  of  the  aforesaid  sum 
of  one  hundred  and  eight  thousand  pounds,  shall  be  applied  for  purchas- 
ing provisions,  and  the  commissary's  disbursements,  for  the  service  of 
the  several  forts  and  garrisons  within  this  province  ;  and  the  further 
sum  of  five  thousand  pounds,  part  of  the  aforesaid  sum  of  one  hundred 
and  eight  thousand  pounds,  shall  be  applied  for  the  pa3'ment  of  such 
premiums  and  grants  that  now  are  or  may  hereafter  be  made  by  this 
court ;  and  the  further  sum  of  three  thousand  one  hundred  and  fifty 
pounds,  part  of  the  aforesaid  sum  of  one  hundred  and  eight  thousand 
pounds,  shall  be  applied  for  the  discharge  of  other  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  establish- 
ment nor  an}'  certain  sum  assigned  for  that  purpose,  and  for  paper, 
writing  and  printing  for  this  court ;  and  the  further  sum  of  three  thou- 
sand pounds,  part  of  the  aforesaid  sum  of  one  hundred  and  eight  thou- 
sand pounds,  shall  be  applied  for  the  paj'inent  of  his  majesty's  council 
and  house  of  representatives  serving  in  the  great  and  general  court 
during  the  several  sessions  for  the  present  j'ear ;  and  the  further  sum 
of  three  thousand  and  five  hundred  pounds,  part  of  the  aforesaid  sum 
of  one  hundred  and  eight  thousand  pounds,  shall  be  applied  for  the  pay- 
ment of  the  charge  of  maintaining  armed  vessels  of  war  belonging  to 
this  province  ;  and  the  further  sum  of  two  hundred  pounds,  part  of  the 


[1st  Sess.] 


Province  Laws.— 1760-61. 


377 


aforesaid  sum  of  one  hundred  and  eight  thousand  pounds,  shall  be 
applied  for  the  payment  of  the  troops  that  marched  for  the  relief  of  Fort 
William  Henry,  when  attacked  l\v  the  enemy  in  August,  one  thousand 
seven  hundred  and  fift^'-seven ;  and  the  further  sum  of  one  hundred 
and  fifty  pounds,  the  remaining  part  of  the  aforesaid  sum  of  one  hun- 
dred and  eight  thousand  pounds,  shall  be  applied  for  the  payment  of  the 
bayonets  provided  for  the  militia  of  this  province  by  virtue  of  the  act 
intituled  "  An  Act  in  addition  to  the  several  acts  of  this  province  for 
regulating  the  militia." 

And  in  order  to  draw  the  money  into  the  treasury  again,  and  enable 
the  treasurer  effectuallj*  to  discharge  the  receipts  and  obligations  (with 
the  interest  that  maj'  be  due  thereon)  by  him  given  in  pursuance  of  this 
act,  — ■ 

Be  it  enacted, 

[Sect.  4.]  That  there  be  and  hereby  is  granted  to  his  most  ex- 
cellent majesty  a  tax  of  one  hundred  and  twenty'  thousand  pounds,  to 
be  levied  on  polls,  and  estates  both  real  and  personal  within  this  prov- 
ince, in  manner  following ;  that  is  to  say,  the  sum  of  twentj'-four 
thousand  pounds,  part  thereof,  according  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  in 
their  session  in  May,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  sixty-three,  and  to  be  paid  into  the  publick  treasury  on 
or  before  the  thirty-flrst  day  of  March  then  next  after ;  and  the  fur- 
ther sum  of  ninety-six  thousand  pounds,  according  to  such  rules,  and 
in  such  proportion  on  the  several  towns  and  districts  aforesaid,  as  shall 
be  agi*eed  on  and  ordered  by  the  general  court  at  their  session  in 
Ma}',  one  thousand  seven  hundred  and  sixt3'-four,  and  to  be  paid  into 
the  treasury  on  or  before  the  thirty-first  day  of  March  next  after. 

And  be  it  further  enacted, 

[Sect.  5.]  That  if  the  general  court,  in  their  session  in  May,  in 
the  year  seventeen  hundred  and  sixty-three,  and  in  their  session  in 
Ma3%  seventeen  hundred  and  sixty-four,  and  some  time  before  the 
twentieth  da}-  of  June  in  each  of  said  years,  shall  not  agree  and  con- 
clude upon  an  act  apportioning  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  pa}', 
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. 

[Sect.  6.]  And  the  province  treasurer  is  hereb}^  fully  impowered 
and  directed,  some  time  in  the  month  of  July  in  each  of  the  years  afore- 
said, 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  propor- 
tions of  the  sums  before  directed  and  engaged  to  be  assessed,  to  be 
paid  into  the  treasury  at  the  aforementioned  times  ;  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  last  pre- 
ceeding tax  act. 

And  be  it  further  enacted, 

[Sect.  7.]  That  the  treasurer  is  hereby  directed  and  ordered  to  pay 
the  sura  of  one  hundred  and  eiglit  thousand  pounds  out  of  such  appro- 
priations as  shall  be  directed  by  warrant,  and  no  other  ;  and  the  secre- 
tar}'  to  whom  it  belongs  to  keep  the  muster-rolls  and  accounts  of 
charge,  shall  lay  before  the  house  of  representatives,  when  they  direct, 
such  muster-rolls  and  accounts,  after  payment  thereof. 


of  such  ■who 
went  to  the 
relief  of  Fort 
William  Henry. 

£150  for 
iDayonets. 


1757-58,  chap. 
18. 


Tax  of  £120,000 
granted. 


Rule  for  appor- 
tioning the  tax, 
in  case  no  tax 
act  shall  he 
agreed  on. 


Trearorer  em- 
powered and 
directed. 


378 


PEOvmcE  Laws. — 1760-61. 


[Chap.  9.] 


Provided,  always, — 
Proviso.  [Sect.  8.]     That  the  remainder  of  the  sum  which  shall  be  brought 

into  the  treasury  by  the  taxes  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  treas- 
ury, to  be  applied  as  the  general  court  of  this  province  shall  hereafter 
order,  and  to  no  other  purpose  whatsoever.  [^Passed  June  20 ;  pub- 
lished June  23. 


CHAPTER    9. 

AN  ACT  FOE,  THE  BETTER  REBUILDING  THAT  PART  OF  THE  TOWN  OF 
BOSTON  WHICH  WAS  LAID  WASTE  BY  THE  LATE  FIRE,  AND  FOR 
PREVENTING  FIRE  IN  THAT  TOWN  FOR  THE  FUTURE. 


Preamble. 

1760-61,  chap. 

32. 

130  Mass.  321. 


Streets 
confirmed. 


No  buildings  to 

encroach 

thereon. 


Penalty  for  re- 
moving bound- 
ary marks. 


Damages  to  be 
assessed  by  a 
jury. 


Whereas  great  desolation  hath  been  lately  made  by  fire,  in  the  town 
of  Boston,  which  hath  been  principally  occasioned  by  the  narrowness  of 
the  streets,  and  the  houses  being  built  with  wood  and  covered  with 
shingles ;  and  loliereas  a  committee  was  appointed  by  the  general 
court,  in  the  last  session,  for  regulating  the  streets  in  that  part  of  the 
town  which  was  so  laid  waste,  and  the  committee  hath  accordingly 
proceeded  to  laj-  out  the  streets  there,  a  plan  whereof  hath  been  laid 
before  this  court,  and  is  now  deposited  in  the  secretaiy's  office,  — 

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

[Sect.  1.]  That  the  said  proceedings  of  the  committee  be  and  are 
hereb}^  confirmed  ;  and  all  actions  that  shall  be  brought  for  recovering 
possession  of  any  land  Ijing  within  any  of  the  streets  laid  out  as  afore- 
said, or  for  damages  sustained  or  occasioned  thereby',  shall  be  utterly 
and  forever  barred. 

And  be  it  further  enacted, 

[Sect.  2.]  That  no  building  whatsoever  be  so  erected  as  to  en- 
croach upon  any  street  by  them  laid  out  as  aforesaid  ;  and  that  every 
building  so  erected  be  deemed  a  nusance,  and  be  accordingly  demol- 
ished, %  the  order  of  any  two  justices  of  the  peace  for  the  count}^  of 
Suffolk,  the  charges  of  such  demolition  to  be  paid  out  of  the  monies 
which  shall  be  raised  by  the  sale  of  the  materials  of  such  building, 
which,  by  the  order  of  said  justices,  shall  be  sold  for  that  purpose, 
unless  the  said  charges  shall  be  immediately  paid  by  the  owner. 

And  be  it  further  enacted, 

[Sect.  3.]  That  if  au}^  person  or  persons  whatsoever  shall  wit- 
tingly or  willingl}",  without  good  authorit}',  pluck  up  or  remove  any  of 
the  stakes  or  bound-marks  which  have  been  or  shall  be  fixed  or  set  up, 
by  order  of  said  committee,  to  distinguish  and  ascertain  the  streets 
aforesaid,  and  shall  be  thereof  convicted  before  any  two  justices  of  the 
peace  for  the  county  of  Suflblk,  he  or  they  shall  for  every  such  offence 
be  imprisoned,  by  order  of  such  justices,  for  the  space  of  two  months, 
unless  he  or  they  shall  forthwith  pay  or  cause  to  be  paid  to  the  treas- 
urer of  the  town  of  Boston  the  sum  of  three  pounds  for  the  use  of  said 
town. 

And  whereas  some  persons  may  suffer  damage  by  the  la^ying-out  of 
the  streets  according  to  the  plan  aforesaid,  and  others  may  receive 
benefit  and  advantage  thereb}',  — 

Be  it  further  enacted, 

[Sect.  4.]  That  Samuel  Danforth,  Samuel  Watts  and  Joseph 
Williams,  Esqrs.,  or  any  two  of  them,  shall,  on  or  before  the  tenth  d;iy 


[1st  Sess.] 


Pkovince  Laws.— 1760-61. 


379 


of  July  next,  summon  a  jury  of  twelve  meet  persons  (none  of  which 
to  be  inhabitants  of  the  town  of  Boston)  to  view  the  streets  aforesaid, 
and  the  several  tenements  or  lots  of  land  abutting  thereon,  and  to  esti- 
mate the  damages  which  an}'  person  or  persons  may  sustain  by  means 
of  an}'  street's  being  laid  out  as  aforesaid,  and  likewise  the  benefit  or 
advantage  that  may  accrue  to  any  person  or  persons  thereb}^ ;  and 
whatever  damages  any  shall  sustain  according  to  such  estimation 
shall  be  made  good  to  the  party  endamaged,  either  by  such  particular 
person  or  persons  as  shall  be  thereby'  benefited,  or  by  the  town  of  Bos- 
ton, or  b}"  both,  in  such  proportion  as  the  said  jury  shall  find  reasona- 
ble ;  and  every  estate  so  bettered  or  advantaged,  as  well  as  the  owner 
thereof,  shall  be  subjected  to  make  good  the  sum  assessed  on  account 
of  such  advantage  ;  the  charge  of  the  jury,  as  well  as  the  charge  of 
laying  out  the  streets,  to  be  born  and  paid,  in  the  like  proportion,  by 
the  town  or  person  so  benefited. 

A7id  be  it  further  enacted  ^ 

[Sect.  5.]  That  when  the  jur}'^  aforesaid  shall  have  ascertained  to 
the  said  justices  the  damages  sustained  by  any  person  or  persons  by 
means  of  the  la^'ing-out  any  street  or  streets  as  aforesaid,  together  with 
the  several  sums  to  be  paid  by  the  town,  or  any  particular  persons, 
to  make  good  such  damages  and  defrey  the  charges  of  laj'ing  out  the 
streets,  of  summoning  the  jury,  and  of  the  justices  and  jurors  attend- 
ing on  the  business  assigned  them  respective!}-,  the  said  justices  shall, 
within  six  days  after  the  jur^-'s  report,  give  a  certificate  thereof,  under 
their  hands,  to  the  assessors  of  the  town  of  Boston ;  and  those  assess- 
ors shall,  within  two  months  after  the  receipt  of  such  certificate,  make 
an  assessment  on  the  inhabitants  of  the  town  for  such  sum  as  b}'  the 
jury's  report  ought  to  be  paid  by  the  town,  —  and,  Ukewise,  on  particu- 
lar persons,  for  such  sum  as  b}-  the  jury's  report  ought  to  be  paid  by 
them  respectively,  —  and  issue  their  warrants  to  the  collectors,  requiring 
them  to  collect  and  pay  the  same,  within  two  months,  into  the  town 
treasury.  And  the  treasurer  of  said  town  shall,  within  three  months 
after  the  issuing  of  such  warrants,  pa}-  to  the  person  endamaged,  as 
aforesaid,  the  respective  sums  assigned  them  by  the  jury's  report,  in 
satisfaction  for  the  damages  by  them  sustained. 

And  he  it  further  enacted^ 

[Sect.  6.]  That  where  any  pump,  or  well  of  water,  by  the  laying- 
out  of  any  street  as  aforesaid,  is  taken  into  the  street,  the  same  shall 
be  kept  in  good  order  at  the  expence  of  the  persons  dwelling  near  the 
same,  or  of  the  town,  or  both,  as  shall  be  agreed  between  such  persons 
and  the  selectmen  of  the  town ;  and  in  case  they  cannot  agree  before 
the  sitting  of  the  court  of  general  sessions  of  the  peace  to  be  held 
within  and  for  the  county  of  Sufiblli  on  the  first  Tuesday  of  October 
next,  then  the  justices  of  the  said  court  may  and  shall  determine  by 
whom,  and  in  what  proportion,  the  charge  of  maintaining  any  such 
pump  or  well,  and  keeping  the  same  in  good  order,  shall  be  borne,  un- 
less the  town  shall  find  it  inconvenient  for  such  pump  or  well  to  remain 
in  the  street,  in  which  case  the  same  shall  be  stop'd  and  filled  up  at 
the  charge  of  the  town. 

And  he  it  further  enacted, 

[  Sect.  7.  ]  That  no  house  or  other  building  whatsoever,  of  more 
than  seven  feet  in  height,  shall  be  erected  in  Boston,  otherwise  than  of 
stone  or  brick  and  covered  with  slate  or  tiles  ;  and  that  no  house  or 
other  building  already  erected,  of  any  greater  dimensions  than  as  afore- 
said, shall  be  hereafter  covered  anew  on  the  top,  any  otherwise  than 
with  slate  or  tiles,  on  penalty  of  fifty  pounds,  to  be  paid  by  the  owner 
of  the  same  for  the  use  of  the  poor  of  the  said  town,  to  be  recovered 
by  an  action  brought  for  the  same  by  the  town  treasurer. 


12  Allen, 
238,239. 


Certificate 
thereof  to  be 
returned  to  th» 
asseesora. 


Pnmps  or  wells 
falling  withia 
the  streets, 
how  to  be 
maintained. 


Buildings,  of 
what  materials 
to  be  erected. 


380 


Province  Laws.— 1760-61.  [Chap.  10.] 


Penalty  on  non- 
observance. 


Proviso. 


Preamble. 


1692-93,  chap. 
13. 


Former 

■breaches  of  law, 
in  Tcbat  case 
excused. 


And  he  it  further  enacted, 

[Sect.  8.]  That  every  dwelling-house  which  shall  be  built  other- 
wise than  by  this  act  is  provided,  shall  be  subjected  to  a  yearly  tax  of 
twent}'  pounds  ;  and  every  warehouse,  shop,  stable  or  barn,  to  a  3'early 
tax  of  ten  pounds  ;  to  be  paid  into  the  town  treasury'  by  the  occupier 
thereof  for  the  use  of  the  town  :  and  the  assessors  shall  accordingl}^  add 
such  sum  or  sums  to  the  town  tax  of  eveiy  such  occupant  yearl}',  over 
and  above  the  sum  with  which  he  would  otherwise  have  been  taxed, 
and  shall  particularly  specify'  the  same  in  the  tax-bill. 

Provided,  alioays,  — 

[Sect.  9.]  That  it  shall  and  may  be  lawful  for  any  person  to  build 
of  wood,  any  warehouse,  shop  or  workhouse,  upon  any  wharff  where,  in 
the  opinion  of  the  selectmen,  no  solid  foundation  can  be  had  without 
great  expence,  on  condition  that  the  sides  of  such  warehouse,  shop  or 
workhouse  be  covered  with  plaister  or  slate,  and  the  roof  covered  with 
slate  or  tiles,  an^-  thing  in  this  act  to  the  contrary  notwithstanding. 

And  luhereas  sundry  persons  have  heretofore  inconsiderately  erected 
dwelling-houses  or  other  buildings  in  a  manner  contrary  to  the  provis- 
ion of  an  act  made  and  passed  in  the  fourth  jear  of  the  reign  of  their 
late  majesties  King  William  and  Queen  Mar}',  intituled  "An  Act  for 
building  with  stone  or  brick  in  the  town  of  Boston,  and  preventing 
fire,"  — 

Be  it  enacted, 

[Sect.  10.]  That  every  such  person  be  indemnified  and  saved 
harmless  from  any  prosecution  for  violating  the  act  aforesaid  :  provided 
that  the  house  or  other  building  so  erected  by  him  shall  be  covered 
with  slate,  or  with  tiles,  within  ten  years  from  the  first  day  of  June,  one 
thousand  seven  hundred  and  sixty.     \_Passed  June  20. 


CHAPTER    10. 

AN  ACT  IMPOWERING  WILLIAM  BOLLAN,  ESQ.,  AND  IN  CASE  HE  IS 
PREVENTED  BY  SICKNESS  OR  DEATH,  BARLOW  TRECOTHICK,  ESQ., 
TO  RECEIVE  THE  SUM  WHICH  IS  OR  SHALL  BE  ASSIGNED  TO  THE 
PROVINCE  OF  THE  MASSACHUSETTS  BAY,  OUT  OF  THE  SUM  OF  TWO 
HUNDRED  THOUSAND  POUNDS  STERLING,  GRANTED  BY  THE  PARLIA- 
MENT OF  GREAT  BRITAIN  FOR  THE  EXPENCE  INCURRED  BY  THE 
RESPECTIVE  PROVINCES  IN  NORTH  AMERICA,  IN  THE  LEVYING, 
CLOATHING  AND  PAY  OF  THE  TROOPS  RAISED  BY  THE  SAME,  IN 
THE  YEAR  OF  OUR  LORD  ONE  THOUSAND  SEVEN  HUNDRED  AND 
FIFTY-NINE. 


Preamble. 


William  Bollan, 
Esq.,  empow- 
ered to  receive 
parliamentary 
grant  for  1759; 
and  Iju  !o\v 
Trecothick, 


Whereas  the  parliament  of  Great  Britain,  in  their  last  session, 
granted  the  sum  of  two  hundred  thousand  pounds  sterling,  to  enable 
his  majesty  to  give  a  proper  compensation  to  the  respective  provinces 
in  North  America,  for  the  expences  incurred  b}-  them  in  the  levying, 
cloathing  and  paj^  of  the  troops  raised  hy  the  same,  according  to  the 
active  vigour  and  strenuous  efforts  of  the  respective  provinces  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  fiftj'-nine,  — 

Be  it  enacted  by  the  Lieutenant-Governor,  Council  and  House  of 
Representatives, 

[Sect.  1.]  That  William  Bollan,  Esq.,  agent  for  this  province  in 
Great  Britain,  and  in  case  he  is  prevented  by  sickness  or  death.  Bar- 
low Trecothick,  Esq.,  be  and  is  hereby-  authorized  and  impowered  to 
receive  the  whole  and  every  part  of  the  sum  assigned,  or  that  shall  be 
assigned,  bj-  his  majesty  to  the  province  of  the  Massachusetts  Bay,  out 


[1st  Sess.] 


Pkovince  Laws. — 1760-61. 


381 


of  the  grant  aforesaid,  and  upon  receipt  thereof  to  give  a  full  discharge   Esq.,  in  case, 

therefor  to  the  right  honourable,  the  lords  commissioners  of  the  treas-     '^' 

ury,  or  to  any  person  or  persons  whatsoever  who  shall  have  the  same 

or  any  part  thereof  in  his  or  their  hands  or  possession  ;  and  that  the 

said  William  Bollan,  or  Barlow  Trecothick,  pursue  such  instructions  as 

the}"  shall  respective!}'  receive  from  the  general  court  with  regard  to 

the  transportation  of  the  same  to  this  province. 

And  be  it  further  enacted, 

[Sect.  2.]     That  the  treasurer  of  the  province  for  the  time  being  be   Treasurer  to 
and  is  hereby  fully  authorized  and  impowered  to  demand  and  receive   arrfvaiV*  °° '^* 
the  whole  and  every  part  of  said  sum  of  mone}',  from  the  commander 
of  an}'  vessel  on  board  of  which  the  same  shall  have  been  ship'd,  on 
the  arrival  thereof  within  this  government.     [^Passed  June  20  ;  pub- 
lished  June  23. 


CHAPTER    11. 

AN  ACT  FOR  APPORTIONING  AND  ASSESSING  THE  SUM  OF  NINETY- 
FOUR  THOUSAND  EIGHT  HUNDRED  AND  SEVENTY-SEVEN  POUNDS 
ELEVEN  SHILLINGS;  ALSO  FOR  APPORTIONING  AND  ASSESSING  A 
TAX  OF  SIXTY-NINE  POUNDS,  FOR  FINES  LAID  UPON  TOWNS  THAT 
HAVE  NOT  SENT  ANY  PERSONS  TO  REPRESENT  THEM  IN  THE  GEN- 
ERAL COURT  THE  PRESENT  YEAR  ;  ALSO  FOR  APPORTIONING  AND 
ASSESSING  A  TAX  OF  TWO  THOUSAND  THREE  HUNDRED  AND  SEV- 
ENTY-NINE POUNDS  FOUR  SHILLINGS,  PAID  THE  REPRESENTATIVES 
FOR  THEIR  TRAVEL,  SERVICE  AND  ATTENDANCE  IN  THE  GENERAL 
COURT  IN  THE  YEAR  ONE  THOUSAND  SEVEN  HUNDRED  AND  FIFTY- 
NINE  ;  ALSO  FOR  ASSESSING  A  TAX  OF  NINETEEN  POUNDS  EIGH- 
TEEN SHILLINGS  UPON  THE  TOWN  OF  FALMOUTH  AND  DISTRICT  OF 
HARPSWELL,  IN  THE  COUNTY  OF  YORK,  TO  BE  LEVIED  UPON  THE 
PEOPLE  CALLED  QUAKERS,  IN  LIEU  OF  FURNISHING  THEIR  RE- 
SPECTIVE QUOTAS  OF  MEN  FOR  THE  MILITARY  SERVICE  IN  THE 
YEAR  ONE  THOUSAND  SEVEN  HUNDRED  AND  FIFTY-EIGHT. 

Whereas  the  great  and  general  court  or  assembly  of  this  province 
did,  in  their  sessions  in  May,  one  thousand  seven  hundred  and  fifty- 
eight,  levy  a  tax  of  one  hundred  thousand  pounds;  and  also,  in  their  1758-59, ch. 4, §7. 
session  in  March,  one  thousand  seven  hundred  and  fifty-nine,  did  levy  ^^°*"^^'  ''^^p- 
another  tax  of  eighteen  thousand  pounds  ;  and  also,  in  their  session  in  1758.59  gij^p 
Ai^ril  following,  did  levy  another  tax  of  fourteen  thousand  five  hun-   32,  §  5. ' 
dred  and  sixty  pounds  ;  and  did  also,  in  their  session  in  October  follow-   i759-6o.ch.8,§4, 
ing,  levy  a  tax  of  sixty-four  thousand  pounds,  but  by  a  subsequent  act  1759-60,  chap, 
of  the  province,  made  and   passed   in   January,  one  thousand  seven  i^- 
hundred  and  sixty,  —  upon  this  province  receiving  twenty-seven  thousand 
five  hundred  and  seventy-four  pounds  ten  shillings,  part  of  the  parlia- 
mentary grant,  —  they  ordered  and  directed  that,  instead  of  a  tax  of 
sixty-four  thousand  pounds,  there  be  issued  but  thirty-five  thousand 
pounds  :  all  which  sums  amount  to  one  hundred  and  sixty-seven  thousand 
five  hundred  and  sixty  pounds  ;  and  by  said  acts  provision  was  made 
that  the  general  court,  at  this   present  session,  might  apportion  the 
same  on  the  several  towns,  districts,  parishes  and  places  within  this 
province,  if  they  thought  fit ;  and  ivhereas  a  number  of  persons,  pos- 
sessors of  government  securities  that  will  become  due  in  June,  one 
thousand   seven  hundred   and   sixty-one,  to   prevent  so  heavy  a  tax 
going  forth,  which  otherwise  must  have  been  issued,  and,  at  the  same 
time,  to  support  the  faith  of  the  government,  have  engaged  to  lend  the 
government  the  sum  of  seventy  thousand  two  hundred  and  fourteen 


382  PKOvmcE  Laws.— 1760-61.  [Chap.  11.] 

pounds  seven  shillings,  to  be  paid  at  a  distant  period,  agreable  to  a 
supply  biU  passed  the  court  this  session  :  wherefore,  for  the  ordering, 
directing  and  effectual  drawing-in  the  said  sum  of  ninety-seven  thou- 
sand three  hundred  and  forty-five  pounds  thirteen  shillings,  we,  his 
majesty's  most  lo3'al  and  dutiful  subjects,  the  representatives  in  gen- 
eral court  assembled,  pray  that  it  may  be  enacted,  — 

And  be  it  accordingly  enacted  by  the  Lieutenant-Governor,  Council 
and  House  of  Representatives, 

[Sect.  1.]  That  each  town,  district,  parish  or  other  place  within 
this  province,  be  assessed  and  pa^'^,  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  ninety-seven  thousand  three  hundred 
and  forty -five  pounds  thirteen  shillings,  the  several  sums  following ; 
that  is  to  say,  — 


[1st  Sess.] 


Province  Laws.— 1760-61. 


383 


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Province  Laws.— 1760-61.  [Chap.  11.] 


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[1st  Sess.]  Peovince  Laws. — 1760-61. 


385 


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396  PEOvmcE  Laws.— 1760-61.  [Chap.  11.] 


assesBinent. 


And  he  it  farther  enacted. 
Rules  for_^  [Sect.  2.]     That  the  treasurer  do  forthwith  seud  out  his  warrants, 

directed  to  the  selectmen  or  assessors  of  each  town,  district  or  parish 
or  other  place  within  this  province  that  are  taxed,  requiring  them, 
respectively,  to  assess  tlie  sum  hereb3'  set  upon  such  town,  district, 
parish  or  other  place,  in  manner  following ;  that  is  to  say,  to  assess 
all  rateable  polls  above  the  age  of  sixteen  years,  within  their  respective 
towns,  districts,  parishes  or  other  places,  or  next  adjoining  to  them, 
belonging  to  no  other  town  or  place,  fifteen  shillings  and  eightpence 
per  poll,  and  proportionably  in  assessing  the  fines  mentioned  in  this  act, 
and  the  additional  sum  received  out  of  the  treasury  for  the  payment 
of  representatives  (excepting  the  governor,  lieutenant-governor  and 
their  families,  the  president,  fellows,  professors,  Hebrew  instructor 
and  students  of  Harvard  College,  settled  ministers  and  grammar- 
school  masters,  who  are  hereb}^  exempted  as  well  from  being  taxed 
for  their  polls,  as  their  estates  being  in  their  own  hands  and  under 
their  actual  management  and  improvement ;  as  also  the  estate  per- 
taining to  Harvard  College)  :  and  other  persons,  if  such  there  be,  who, 
through  age,  infirmity  or  extreme  poverty,  in  the  judgment  of  the 
assessors,  are  not  able  to  pay  towards  public  charges,  they  ma}'  exempt 
their  polls,  or  abate  part  of  what  the}'  are  set  at,  as  in  their  prudence 
they  shall  think  fit  and  judge  meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  re- 
spective counties  assembled,  in  granting  a  county  tax  or  assessment, 
are  hereb}'^  ordered  and  directed  to  apportion  the  same  on  the  several 
towns,  districts,  parishes  and  other  places  in  such  county  in  proportion 
to  their  i)rovince  rate  ;  and  the  assessors  of  each  town  in  the  province 
are  also  directed,  iu  making  an  assessment,  to  govern  themselves  b}'  the 
same  rule  ;  and  the  incomes  of  all  estates,  both  real  and  personal,  lying 
within  the  limits  of  such  town,  district,  parish  or  other  place,  or  next 
unto  the  same,  not  pa.yiug  elsewhere,  in  whose  hands,  tenure,  occupa- 
tion 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  what- 
soever, and  all  profits  which  shall  or  may  arise  b}^  money  or  commis- 
sions of  profit  in  their  improvement,  according  to  their  understanding 
or  cunning,  at  one  shilling  per  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,  district,  parish  or  other  place  to  pay  ;  and  in  making  their 
assessment,  to  estimate  houses  and  lands  at  six  years'  .yearly  rent, 
whereat  the  same  ma}'  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  mollatto 
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  or  heifer  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  year  old, 
at  three  shillings  each :  likewise  requiring  the  said  assessors  to  make 
a  fair  list  of  said  assessment,  setting  forth,  in  distinct  columns,  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  guardians,  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  any  such  town, 


[1st  Sess.]  Peovince  Laws. — 1760-61.  397 

district,  parish  or  other  place,  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  hereb}'  impowered  and  ordered  to  issue  forth  his 
warrants  to  the  collector,  or  constable  or  constables  of  such  town, 
district,  parish  or  place,  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  their  accompts  of  the  whole,  at 
or  before  the  thirty-first  day  of  March,  which  will  be  in  the  jear  of  our 
Lord  one  thousand  seven  hundred  and  sixt^'-one. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  assessors  of  each  town,  district,  parish  or  inhabitants  to 
other  place,  respectivel}-,  in  convenient  time,  before  their  making  of  the  ust^of'their^"^ 
assessment,  shall  give  seasonable  warning  to  the  inhabitants,  in  a  town-  poiu,  &c. 
meeting,  or  by  posting  up  notifications  in  some  place  or  places  in  such 
town,  district,  parish  or  place,  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  thc}^  arc  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  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  abiUt}'  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 
jjenalty  of  twenty  shillings  for  each  person  that  shall  be  convicted  by 
legal  proof,  in  the  judgment  of  said  assessors,  in  bringing  in  a  false 
list ;  the  said  fines  to  be  for  the  use  of  the  poor  of  such  town,  district, 
parish  or  place  where  the  delinquent  lives,  to  be  levied  by  warrant 
from  the  assessors,  directed  to  the  collectors  or  constables,  in  manner 
as  is  directed  for  gathering  the  town  assessments,  to  be  paid  into  the 
town,  district,  or  parish  treasurer,  or  selectmen,  for  the  use  aforesaid  :  , 

saving  to  the  party  aggrieved  at  the  judgment  of  the  assessors  in 
setting  forth  such  fine,  libert^^  of  appeal  therefrom  to  the  court  of 
general  sessions  of  the  peace  within  the  count}',  for  relief,  as  in  the 
case  of  being  overrated.  And  if  any  person  or  persons  shall  not 
bring  in  a  list  of  their  estates  as  aforesaid  to  the  assessors,  he  or  the}'' 
so  neglecting  shall  not  be  admitted  to  make  application  to  the  court 
of  general  sessions  for  any  abatement  of  the  assessment  laid  on  him  or 
them. 

[Sect.  6.]  And  if  the  person  be  not  convicted  of  an}^  falseness  in 
the  Ust,  by  him  presented,  of  the  polls,  rateable  estate,  or  income  by 
trade  or  facult}',  business  or  employment,  which  he  doth  or  shall  exer- 
cise, or  in  gain  by  monc}-  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  is  finished  and 
delivered  to  the  constable  or  collectors,  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, 


398 


PROVINCE  Laws.— 1760-61.  [Chap.  12.] 


Transient 
traders  to  be 
rated. 


Merchants  to  be 
rated  for  carry, 
ing  on  trade  in 
any  other  town 
beside  where 
they  dwell. 


Selectmen  to 
transmit  a  list 
of  such  persons 
before  they  are 
rated. 


[Sect.  7.]  That  when  any  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- 
ered  to  I'ate  and  assess  all  such  persons,  according  to  their  circum- 
stances, pursuant  to  the  rules  and  directions  of  this  act  provided, 
though  the  former  rate  ma}''  have  been  finished,  and  a  new  one  not 
perfected  as  aforesaid. 

And  be  it  further  enacted, 

[Sect.  8.]  That  when  any  merchant,  trader  or  factor,  shall  set  up 
a  store,  and  traffick,  or  cai'ry  on  any  trade  or  business,  in  an}^  town 
within  this  province,  not  being  an  inhabitant  of  such  town,  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  merchandizes,  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  aforementioned, 
the  selectmen  of  the  town  where  such  trade  is  carried  on  shall  trans- 
mit a  list  of  such  persons  as  they  shall  judge  ma}^  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  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  they  carry  on  their  trade,  and  paj^  the  same. 
[^Passed  June  20. 


CHAPTER  12. 

AN    ACT    TO    CONTINUE    THE    LOAN   OF  THREE  THOUSAND  FIVE  HUN- 
DRED  POUNDS  TO  THE  TOWN  OF  BOSTON. 


Preamble.  Whereas,  in  and  by  an  act  intituled  "An  Act  for  suppl_ying  the 

iLfc'-58.  chap,  4,  treasury  with  the  sum  of  three  thousand  five  hundred  pounds,  and  for 
lending  the  same  to  the  town  of  Boston,"  it  is  enacted  that  the 
aforesaid  sum  of  three  thousand  five  hundred  pounds,  when  the  treas- 
ury shall  be  supplied  therewith  as  b}'  said  act  is  directed,  shall  be  lent 
and  delivered  to  the  selectmen  of  said  town  of  Boston,  to  be  applied 
to  discharge  the  debts  of  the  said  town  as  the  said  town  shall  order ; 
and,  for  securing  the  repayment  of  the  same  sum,  with  the  interest  at 
the  rate  of  six  per  cent  per  annum,  to  the  province  treasurer  for  the 
time  being,  in  case,  according  to  the  true  intent  of  said  act,  said  town 
ought  to  be  held  to  pay  the  same,  it  is,  among  other  things,  by  the 
same  act,  enacted  that  "  the  treasurer,  some  time  in  the  month  of  June, 
one  thousand  seven  hundred  and  sixt}',  shall  send  forth  his  warrant, 
directed  to  the  selectmen  or  assessors  of  the  said  town  of  Boston,  re- 
quiring them  to  assess  the  polls,  and  estates  both  real  and  personal, 
within  the  said  town,  for  "  the  "  sura  of  four  thousand  one  hundred  and 
thirty  pounds,  in  their  respective  proportions,  to  be  paid  into  the  prov- 
ince treasury  on  or  before  the  thirt3-first  da}'  of  March  then  next  after," 
as  by  the  same  act  more  fully  and  at  large  appears :  and  whereas, 
pursuant  to  the  same  act,  the  treasurer  hath  lent  to  the  said  town  of 
Boston  the  sum  first  mentioned ;  and  lohereas  the  general  court  have 
not  agreed  upon  a  general  valuation  through  this  province,  and  so  it  is 
at  present  uncertain  whether  the  town  of  Boston  have  been  overrated 
since  the  year  one  thousand  seven  hundred  and  fifty-six ;  and  as  the 
*  Gone  from  the  printed  copy. 


[1st  Sess.]  Peovlnce  Laws.— 1760-61.  399 

town  of  Boston  have  solicited  this  court  to  continue  the  loan  of  the 
sum  first  mentioned  'till  such  time  as  a  general  valuation  shall  be  taken 
through  this  province  ;  therefore, — 

Be  it  enacted  by  the  Lieutenant-Governor,  Council  and  House  of 
Representatives, 

[Sect.  1.]  That  the  loan  of  the  said  sum  of  three  thousand  five  Loanof£3,5oo 
hundred  pounds  be  continued  to  the  said  town  of  Boston  for  the  space  Boston.""^"  **' 
of  three  years  from  the  twentieth  of  June  current,  and  that  the  treas- 
urer be  and  he  hereby'  is  prohibited  from  issuing  out  his  warrant  to 
the  selectmen  or  assessors  of  the  town  of  Boston  for  assessing  the 
polls,  and  estates  real  and  personal,  within  the  said  town,  for  the  sum 
of  four  thousand  one  hundred  and  thirty  pounds,  as  in  and  by  the 
same  act  he  is  directed. 

And  he  it  fiirther  enacted  and  ordered, 

[Sect.  2.]  That  whenever  the  valuation  shall  be  taken  through  this  Treasurer 
province,  and  each  town  and  district's  proportion  thereby  known  and  toproLed?^ 
determined  b^'  the  court,  and  be  thereby  ascertained  that  the  town  of 
Boston  was  not  overrated  for  the  3ear  one  thousand  seven  hundred  and 
fifty-six,  or  any  other  year  after  until  the  taking  of  the  valuation  and 
ascertaining  as  aforesaid, — provided  said  determination  shall  be  before 
the  3car  one  thousand  seven  hundred  and  sixtj'-three,  —  and  so  not  be 
in  titled  to  any  allowance,  or  no  valuation  taken  or  setled  before  said 
time,  tlien  the  said  town  shall  pa}'  the  whole  sum  of  four  thousand  one 
hundred  and  thiity  pounds. 

[Sect.  3.]  The  treasurer,  some  time  in  the  month  of  June,  one 
thousand  seven  hundred  and  sixt^'-three,  shall  send  forth  his  warrant, 
directed  to  the  selectmen  or  assessors  of  said  town  of  Boston,  requiring 
them  to  assess  the  polls,  and  estates  both  real  and  personal,  within  the 
said  town,  for  said  sum  of  four  thousand  one  hundred  and  thirt}'' 
pounds,  together  with  the  interest  that  shall  further  become  due  at  the 
time  the  tax  shall  be  ordered  to  be  levied,  in  their  respective  propor- 
tions, to  be  paid  into  the  province  treasury  on  or  before  the  thirt3--first 
of  March  then  next  after  ;  and  the  assessors  and  persons  assessed  shall 
observe,  be  governed  by,  and  subject  to,  all  such  rules  and  directions 
as  shall  be  given  in  the  last  preceeding  tax  act. 

[Sect.  4.]  But  in  case  a  valuation  shall  be  taken  and  settled  before 
the  year  one  thousand  seven  hundred  and  sixty-three,  and  thereby  it 
shall  appear  the  town  of  Boston  is  overrated  the  whole  of  said  sum 
between  the  years  one  thousand  seven  hundred  and  fiftj'-five  and  one 
thousand  seven  hundred  and  sixty-three,  and  the  treasurer  of  the  prov- 
ince be  certified  thereof  b}'  the  general  court,  in  their  session  in  Ma}', 
one  thousand  seven  hundred  and  sixtj^-three,  then  and  in  such  case 
the  said  treasurer  is  hereby  forbid  issuing  his  warrants  to  the  selectmen 
or  assessors  of  said  town  of  Boston  for  the  sum  aforesaid. 

[Sect.  5.]  But  if,  upon  a  valuation  being  taken,  and  the  propor- 
tions of  the  several  towns  being  setled,  before  the  year  one  thousand 
seven  hundred  and  sixt3'-three,  it  shall  appear  thereb}'  that  the  said 
town  of  Boston  have  been  overrated  but  onl}'  part  of  the  aforesaid  sum 
of  four  thousand  one  hundred  and  thirty  pounds,  with  what  may  be 
further  due  for  interest,  then  and  in  such  case  such  part  shall  be 
remitted  to  them ;  and  the  treasurer  shall  issue  his  warrant  for  such 
remainder,  agreeable  to  the  direction  of  the  general  court  at  their  ses- 
sion in  Ma}',  one  thousand  seven  hundred  and  sixt3'-three,  requiring 
the  selectmen  or  assessors  of  said  town  of  Boston  to  assess  the  same 
in  manner  as  aforesaid,  with  interest,  to  be  paid  into  the  treasury'  on 
or  before  the  thirty-first  da}^  of  March  next  after ;  and  the  assessors 
and  persons  assessed  shall  observe,  be  governed  b}',  and  subject  to, 
all  such  rules  and  directions  as  shall  be  given  in  the  last  preceeding 
tax  act.     [^Passed  June  20  ;  published  June  23. 


400 


Pbovi^ce  Laws.— 1760-61.  [Chap.  13.] 


CHAPTEK  13. 

AN  ACT  FOR  THE  MORE  EASY  DIVISION  AND  DISTRIBUTION  OF  INTES- 
TATE ESTATES. 


Preamble. 
1  Mas8.  331. 
7  Mass.  84. 
SMasB.  11. 


Judges  of  pro- 
bate power  as 
to  the  division 
and  distribution 
of  Intestate 
estates. 


Proviso. 


limitation. 


Whereas  it  often  happens  that  persons  dying  intestate  leave  their 
real  estate,  or  some  part  of  it,  lying  in  common  and  undivided  with  the 
real  estate  of  some  other  person,  whereby  the  division  or  distribution 
of  such  estate,  by  the  judge  of  probate,  to  and  among  the  heirs,  is  im- 
peded and  delayed,  to  the  great  damage  and  unnecessary  expence  of 
such  heirs, — 

Be  it  therefore  enacted  by  the  Lieutenant-Governor,  Council  and 
House  of  Representatives, 

[Sect.  1.]  That  the  respective  judges  of  probate  within  this  prov- 
ince be  and  hereby  are  directed  and  impowered,  within  their  several 
counties,  when  they  make  out  their  warrants  for  the  division  of  any 
real  estate  of  any  person  d^'ing  intestate,  to  and  among  his  heirs,  or 
for  setting  off  the  widow's  thirds,  —  where  such  estate  or  any  part 
thereof  lies  in  common  or  undivided  with  the  real  estate  of  any  other 
person, —  to  direct  the  committee  named  in  such  warrant,  first,  to  sever 
and  divide  the  said  intestate  estate  from  the  estate  with  which  it  lies 
in  common  as  aforesaid :  the  said  committee  to  be  under  oath  for  the 
faithful  discharge  of  this  trust,  and  the  parties  concerned  on  both 
sides  to  be  timely  notified  to  be  present,  if  they  see  cause  ;  and  such 
division  so  made,  and  accepted  by  the  judge,  and  duly  recorded  in  the 
register's  office  for  the  same  count}'',  shall  be  binding  on  all  persons 
concerned. 

Provided, — 

[Sect.  2.]  That  where  any  minors,  or  persons  non  compos,  are 
interested  in  either  of  said  estates,  guardians  shall  be  appointed  over 
them  before  an}-  such  division  is  made.  Provided,  also,  that  before 
the  order  for  such  division  issue,  it  be  made  appear  to  the  respective 
judges  of  probate  that  the  several  persons  interested  in  such  estate,  if 
living  within  the  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  exceptions  to 
the  same. 

[Sect.  3.]  This  act  to  continue  and  be  in  force  for  the  space  of 
two  years  from  the  twentieth  of  July  next,  and  no  longer.  [^Passed 
June  20  ;  published  June  23. 


[2d  Sess.]  Pbovinoe  Laws.— 1760-61.  401 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Thirteenth  day  of  August,  A.D.  1760. 


CHAPTEE  14. 

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

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives, 

That  the  sum  of  thirteen  hundred  pounds  be  and  hereby  is  granted 
unto  his  most  excellent  majest}',  to  be  paid  out  of  the  public  treasury 
to  his  excellency'  Francis  Bernard,  Esq.,  captain-general  and  govern- 
or-in-chief in  and  over  his  majesty's  province  of  the  Massachusetts 
Ba}-,  to  enable  him  to  carry  on  the  affairs  of  government.  \_Passed 
August  15  ;  published  August  16. 


CHAPTER    15. 

AN  ACT  FOR  RAISING  A  FURTHER  SUM  OF  MONEY,  BY  A  LOTTERY 
OR  LOTTERIES,  FOR  COMPLEATING  THE  PAVEMENT  OF  THE  HIGH- 
WAY, IN  ROXBURY  (FROM  BOSTON  LINE  TO  THE  FOOT  OF  THE 
MEETING-HOUSE   HILL),   LEADING   TOWi.RDS  DEDHAM. 

Whereas  the  great  and  general  court,  at  their  sessions  in  April,  one  Preamble, 
thousand  seven  hundred  and  fiftj'-niue,  impowered  Messieurs  Joseph  i^58-59,  chap. 
AVilliams,  Samuel  Heath,  Ebenezer  Newell,  Jeremiah  Richards  and 
Joseph  Ma30  to  raise,  by  a  lotteiy  or  lotteries,  the  sum  of  one  thou- 
sand six  hundred  and  sixt^'-six  pounds  thirteen  shillings  and  four- 
pence,  to  be  applied  towards  paving  and  repairing  the  highwaj'  afore- 
said ;  and  ivhereas  said  sum  has  been  accordingi}'  raised,  and  the  same 
expended  for  the  purposes  for  which  it  was  raised,  so  far  as  it  would 
extend,  but  it  being  insufficient  to  compleat  and  finish  said  pavement, 
repair  and  widening  said  highway  :  for  raising  a  sum  sufficient  for  finish- 
ing said  highway,  and  paying  the  charges  of  said  lotteries, — 

Be  it  enacted  by  the  Governor,   Council  arid  House  of  Representa- 
tives, 

[Sect.  1.]     That  the  said  Joseph  Williams,  Samuel  Heath,  Ebene-  Mcssienrs. 
zer  Newell,  Jeremiah  Richards  and   Joseph  Mayo,  or  any  three   of  naml'.'sarauei 
them,  be  and  they  hereby  are  allowed  and  impowered  to  set  up  and   Heath, Ebenezer 
carry  on  one  or  more  lottery  or  lotteries,  amounting  in  the  whole  to  mh^Vicha^nis, 
such  a  sum  as,  by  deducting  ten  per  cent  out  of  the  same,  or  out  of  andJoseph 

,.  ,r..,°  ^.         ,  ,.  1         1       -,  -,    Mayo,  select.  ' 

each  prize-  or  benefit- ticket,  may  raise  the  sum  of  seven  hundred  and  menof  Rox- 


402 


Pkovince  Laws. — 1760-61. 


[Chap.  15.] 


bury,  allowed 
and  empowered 
to  carry  on  a 
lottery  or  lot- 
teries for  the 
purposea  there- 
in mentioned. 


fifty  pounds,  and  no  more,  to  be  applied  towards  finishing  and  com- 
pleating  the  pavement  of  said  highwa3",  repairing  and  widening  the 
same,  and  the  necessary  charges  of  managing  and  prosecuting  the  lot- 
teries aforesaid. 

[Sect.  2.]  And  the  said  Joseph  Williams,  Samuel  Heath,  Ebenezer 
Newell,  Jeremiah  Richards  and  Joseph  Mayo,  or  any  three  of  them, 
are  hereby  impowered  to  make  all  necessary  rules  and  orders  for  the 
regular  proceeding  therein ;  and  they  shall  be  sworn  to  the  faithful 
discharge  of  the  trust  aforesaid,  and  shall  be  answerable  to  the  pur- 
chasers and  drawers  of  the  tickets  for  any  deficiency  or  misconduct ; 
and  the  money  thus  raised  shaE  be  applied  to  the  uses  and  purposes 
aforesaid.     ^Fassed  August  15  ;  published  August  16. 


[3d  Sess.] 


Peovince  Laws.— 1760-61. 


403 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Seventeenth   day   of   December,  A.  D.  , 
1760.  • 

CHAPTEE   16. 


AN  ACT  FOR  FINISHING  SUCH  COMMISSIONS  AS  HAVE  BEEN  BEGUN 
TO  BE  ACTED  UPON,  AND  HAVE  NOT  BEEN  FINISHED,  DURING  THE 
CONTINUANCE  IN  FORCE  OF  THE  ACT  PROVIDING  REMEDY  FOR 
BANKRUPTS  AND  THEIR  CREDITORS. 

"Whereas,  during  the  time  that  the  act  intituled  "  An  Act  providing 
remedy  for  bankrupts  and  their  creditors"  was  in  force,  commissions 
of  banlvruptcy  were  issued,  in  pursuance  thereof,  against  sundry  per- 
sons who  were  declared  bankrupts,  and  their  estates  and  rights  trans- 
ferred to  be  distributed  among  their  respective  creditors,  in  manner  as 
in  said  act  is  directed,  and  many  further  proceedings  were  had  relative 
to  such  bankrupts,  their  estates  and  rights,  pursuant  to  the  said  act, 
in  the  most  of  which  cases,  when  the  same  act  determined  and  ceased 
to  be  in  force,  a  great  part  of  such  bankrupt's  estates  remained  in  the 
hands  of  the  assignees,  and  man}'  of  the  demands  and  debts  due  and 
belonging  to  such  bankrupts  were  outstanding  ;  and,  b^y  the  determina- 
tion of  said  act,  all  proceedings  thereon  are  stopped  for  want  of  power 
in  the  commissioners  and  assignees  to  finish  their  business,  and  make 
an  equitable  distribution  among  the  creditors,  of  the  estates  and  rights 
transferred  for  that  purpose  ;  and  many  attachments  have  been  and 
may  hereafter  be  made  of  the  bankrupt's  effects  and  demands  in  the 
hands  of  the  assignees  or  debtors  of  such  bankrupts,  whereby  great 
injustice  and  inequal[l]ity  will  take  place  unless  prevented  ;  for  rem- 
edy whereof, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  all  commissioners  and  assignees  that  were  ap- 
pointed and  constituted  pursuant  to  said  act,  while  the  same  was  in 
force,  be  and  hereby  are  authoiized  and  directed  to  execute  and  finish 
their  respective  trusts  and  undertakings,  aforesaid,  in  the  same  manner 
as  they  were  impowered  and  directed  in  and  b}'  said  act ;  and  shall  and 
may,  in  the  same  manner,  prosecute  any  suits,  and  exercise  the  same 
powers  touching  the  matters  and  things  committed  to  them  ;  and  such 
assignees  shall  be,  in  [the]  like  manner,  held  to  distribute  the  goods 
and  estate  of  such  bankrupts  as  in  and  by  said  act  they  were  to  dis- 
tribute and  pay  the  same.  And  such  bankrupts,  their  trustees,  debt- 
ors, creditors,  persons  to  be  examined,  and  all  others  concerned,  shall 
be  subjected  to  the  same  regulations  and  ordei's,  and  upon  the  same 
penalties  and  forfeitures,  that  in  and  by  said  act  they  were  subjected  to. 

Provided^ — 

[Sect.  2.]     That,  as  to  such  bankrupts  as,  at  or  before  the  time  of 


Preamble. 
1757-68,  chap. 
12. 


CommisBloners 
empowered  to 
finish  their 
trusts. 


Bankrupts,  &o., 
subjected  as  by 
the  former  act. 


Proviflo. 


404 


Peovince  Laws.— 1760-61.  [Chap.  17.] 


Attachments  on 
estates  trans- 
ferred pursuant 
to  former  act, 
made  void. 


Preamble. 


Certificates 
rendered  valid. 


Proviso. 


their  becoming  bankrupts,  were  merchants  or  factors,  or  had  traded  in, 
or  had  consignments  from,  Great  Britain,  the  respective  assignees  shall 
not  make  any  farther  distribution  until  after  the  commissioners  have 
again  met  to  receive  and  examine  an}'  new  claims  that  shall  be  offered, 
and  have  determined  which  of  them  shall  be  allowed  ;  and  the  commis- 
sioners are  hereb}'  required  to  give  publick  notice,  in  manner  as  is 
directed  in  said  act,  of  the  time  and  place  of  their  meeting  ;  which  time 
of  meeting  sliall  not  be  less  than  nine  months,  nor  more  than  twelve 
months,  after  such  notification. 

And  be  it  further  enacted, 

[Sect.  3.]  That  all  attachments  made  of  any  estate  of  such  bank- 
rupts that  hath  been  transferred  pursuant  to  said  act,  whether  upon 
suit  against  such  bankrupts,  or  against  such  assignees,  or  an}-  others, 
as  factors,  or  agents,  or  trustees,  of  such  bankrupts,  shall  be  and 
hereby  are  declared  void  ;  and  accordingl}^  shall,  upon  the  same  being 
shewed  to  the  court  before  whom  they  are  or  shall  be  depending,  be 
dismissed. 

Ayid  lohereas  it  would  be  verj'  severe  and  distressing  to  those  bank- 
rupts, who,  instead  of  absconding,  and  defrauding  their  creditors  of 
their  estates  b}-  private  trusts  and  concealments,  have  conformed  to 
said  act,  and  delivered  up  all  they  had,  in  expectation  of  the  benefit 
of  the  same  act,  if  their  future  acquisitions,  and  bodies,  should  still 
remain  liable  to  such  creditors ;  and  as  it  is  improbable  that,  under 
such  confinements  or  discouragements,  such  bankrupts  will  ever  acquire 
any  estate  wherewith  to  make  any  further  pa^^ments  to  such  creditors, 
or  be  useful  to  the  publick, — 

Be  it  therefore  enacted, 

[Sect.  4.]  That  a  like  certificate  with  that  mentioned  in  the  act 
aforesaid,  and  so  obtained,  signed  and  allowed  as  is  therein  required, 
shall  be  as  effectual,  and  in  the  same  manner  avail  any  bankrupt  to 
whom  it  shall  be  given,  as  if  the  same  had  been  obtained  while  said 
act  was  in  force. 

Provided,  nevertheless, — 

[Sect.  5.]  This  act  shall  not  be  construed  to  extend  to  any  case 
wherein  the  bankrupt  did  not  surrender  himself,  and  deliver  up  his 
effects,  before  the  determination  of  said  act.  \_Passed  and  published 
December  24.* 


CHAPTER    17. 

AN  ACT  FOR  ALLOWING  NECESSARY  SUPPLIES  TO  THE  EASTERN 
INDIANS,  AND  FOR  REGULATING  TRADE  WITH  THEM  AND  PRE- 
VENTING ABUSES  THEREIN. 


Preamble. 
1752-53,  chap. 
14. 


Indians  to  be 
supplied  by 
persons  chosen 


"Whereas  the  Indians  in  the  eastern  parts  of  this  proAince,  have  many 
3'ears  since  recognized  their  subjection  and  obedience  to  the  crown  of 
Great  Britain,  and  have  their  depend [e]  [a] uce  upon  this  government 
for  supplies  of  cloathing,  provisions,  and  other  necessar[3'J|  ?'e]s  :  to  the 
intent,  therefore,  that  the}'  may  be  furnished  with  the  same  at  such  easy 
rates  as  may  engage  them  to  a  firm  adherence  to  his  majesty's  inter- 
est,— 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Pepresenta- 
tives, 

[Sect.  1.]  That  provisions,  cloathing  and  other  suitable  sup- 
pl[y][ie3s  for  a  trade  with  the  Indians,  be  procured  with  the  several 
*  Signed  January  31,  according  to  the  record. 


[3d  Sess.] 


Province  Laws.— 1760-61. 


405 


sums  that  have  been,  now  are,  or  shall  hereafter  be  granted  for  that 
purpose  b}'  the  general  court,  and  appl[y][j]ed,  from  time  to  time,  for 
supph'ing  the  said  Indians  as  aforesaid,  b3'  such  person  or  persons  as 
shall  be  annually*  chosen  b}^  this  court,  who  shall  proceed  according  to 
the  instructions  the}'  shall  receive  from  this  court,  or  from  the  com- 
mander-in-chief for  the  time  being,  b}'  and  with  the  advice  of  the  coun- 
cil, on  an}'  emergency  in  the  recess  of  this  court :  provided  such 
instructions  and  directions  be  consist  [a]  [e]nt  witli  such  instructions 
as  are  or  ma}-  be  given  by  the  general  court ;  and  all  supplies  of  cloath- 
ing,  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  may  hereafter  order. 

Ayid  be  it  farther  enacted, 

[Sect.  2.]  That  a  suitable  person  be  appointed  by  this  court  for 
each  of  the  places  where  an}-  of  the  goods  aforesaid  are  lodged,  as 
truck-masters  for  the  management  of  the  trade  with  the  Indians ;  and 
to  be  paid  for  his  service  such  sum  or  sums  as  this  court  shall  judge 
reasonable  for  his  allowance  in  said  capacity  ;  and  in  case  of  the  death 
or  removal  of  any  one  or  more  of  said  truck-masters  by  mismanag[e]- 
ment  of  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 [1]  discharge  of  their  office,  and 
shall  observe  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  person  in  the  pay  of  this  government,  either  on  account  of 
themselves,  or  any  other  person  or  persons,  presume  to  trade  with  the 
Indians,  on  board  any  ship  or  vessel[l]  or  transport,  in  those  parts, 
for  any  of  the  aforementioned  goods  ;  nor  shall  it  be  lawful[l]  for 
any  other  person  or  persons  to  sell,  truck,  barter  or  exchange  with  any 
Indian  or  Indians,  any  strong  beer,  cyder,  wine,  rum,  brandy  or  any 
otlier  strong  liquor,  cloathing,  or  any  other  thing  whatsoever  the 
Indians  may  want,  on  penalty  of  forty  shillings,  or  six  months'  impris- 
onment for  each  and  every  offence  above  mentioned. 

And  he  it  farther  enacted, 

[Sect.  3.]  That  the  said  truck-masters  shall  sell  the  goods  to  the 
Indians  at  the  prices  set  in  the  invoices  sent  them  from  time  to  time 
by  the  commissary,  which  shall  be  the  same  which  he  gave  for  the 
goods  in  the  town  of  Boston,  with  a  reasonable  advance  thereon,  suffi- 
cient to  pay  the  charge  of  transportation  and  all  other  charges  arising 
thereon  ;  and  shall  allow  the  Indians,  for  their  fur[r]s  and  other  peltry, 
as  the  market  shall  be  at  Boston,  according  to  their  several  quali- 
t[y][?'e]s,  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 
may  supply  the  Indians  with  rum  in  moderate  quantities,  as  they  shall, 
in  prudence,  judge  convenient  and  necessary. 

[.Sect.  4.]  And  in  case  any  of  the  truck-masters  shall  presume  to 
sell  any  goods  at  higher  rates  than  they  are  set  at  by  the  government, 
or  shall  charge  to  the  government  more  for  any  fur[r]s  or  other  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  this  government ;  and  the  more  effectually  to  prevent  or 
detect  any  such  pernicious  practi[s][c]es,  each  and  every  truck-mas- 
ter, when  and  so  often  as  he  shall  settle  and  adjust  his  account  with  the 


by  the  court, 
agreeable  to 
instructions. 


To  be  paid  as 
the  court  shall 
judge  reason- 
able. 


Tmck-masteni 
to  be  under 
oath,  and  give 
security. 


Not  to  trade  for 
themselves. 


No  otlier  per- 
sons to  trade 
with  the 
Indians. 


Commissary  to 
set  prices  at 
which  goods  are 
to  be  sold. 


Prices  of  furs 
regulated. 


406 


Province  Laws.— 1760-61.  [Chap.  17.] 


Track-master's 
oatb. 


Method  of  con- 
viction of  per- 
sons selling  to 


said  officer  appointed  by  this  court  for  supptying  the  Indians,  shall 
make  oath  before  the  said  officer,  who  is  hereby  authorized  and  ap- 
pointed to  administer  the  same,  in  manner  following ;  viz[']., — 

You,  A.  B.,  do  swear  that  the  goods  committed  to  you  for  the  supply  of  the 
Indians,  have  beeu  sold  at  no  higher  rates  than  they  were  set  at  by  the  gov- 
ernment, and  that  you  have  charged  for  the  fur[r]s  and  goods  you  have  made 
returns  of,  no  more  than  you  have  paid  the  Indians  for  them.  So  help  you 
God. 

And  for  the  better  discovery  of  such  ill-disposed  persons,  who, 
thro['][Mg'7i]  greediness  of  filthy  lucre,  and  regardless  of  the  publick 
good,  shall  privat[e]l3^  sell  or  deliver  an}-  sort  of  strong  drink  to  any 
Indian  or  Indians,  of  which  it  is  difficult  to  obtain  pos[s]itive  evidence, 
other  than  the  accusation  of  such  Indian  or  Indians, — 

Be  it  further  enacted, 

[Sect.  5.]  That  the  accusation  and  affirmation  of  an}'  Indian  or 
Indians,  the  accuser  and  accused  being  brought  face  to  face  at  the 
Indians  contrary  time  of  trial,  shall  be  accounted  and  held  to  be  a  legal  conviction  of 
the  persons  accused  of  giving,  selling,  or  delivering  wine,  or  any  other 
strong  drink  or  liquors  to  such  Indian  or  Indians,  unless  the  person 
accused  shall  acquit  himself,  upon  oath,  which  the  court,  in  all  such 
cases,  are  hereby  impow[e]red  to  administer  in  the  form  following; 
viz  ['].,- 

You,  A.  B.,  do  swear  that  neither  yourself,  nor  any  other  by  your  order, 
general  or  particular  assent,  privity,  knowledge  or  allowance,  directly  or  indi- 
rectly, 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  infonnation  of  any  other 
person  for  the  breach  of  this  law,  there  being  such  circumstances  as 
render  it  highly  probable,  in  the  judgment  of  the  justice  before  whom 
the  trial  is,  that  the  person  complained  of  is  guilty  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  jus- 
tice 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  the}'  shall  pay  and  suffer  the  penalty  already  b}*  this  act  provided ; 
but  in  case  the  defendant  shall  acquit  himself  upon  oath,  to  be  admin- 
istred to  him  as  aforesaid,  that  then  he  shall  recover  against  the  com- 
plainant double  his  cost  occasioned  by  such  prosecution. 

And  he  it  further  enacted, 

[Sect.  7.]  That  upon  the  accusation  of  an  Indian,  or  complaint  of 
any  other  person,  to  any  of  his  majesty'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,  contraiy  to  the  true 
intent  and  meaning  of  this  act,  the  justice  may  tender  to  the  person 
accused  or  complained  of,  the  aforesaid  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  refuses  to 
take,  he  shall  bind  him  in  a  bond  of  recognizance,  not  exceeding  one 
hundred  pounds,  with  suret[,y]  \_ies~\,  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  aforesaid,  the  justice  shall  dismiss  the  person,  and  allow 
him  double  his  cost,  against  the  complainant^  occasioned  bj-  such  prose- 
cution 


Form  of  the 
oath. 


Fnrther  method 
of  conviction. 


Accusation  of 
an  Indian  good, 
in  case. 


[3d  Sess.] 


PEOvmcE  Laws. — 1760-61. 


407 


And  he  it  further  enacted, 

[Sect.  8.]  That,  if  any  person  or  persons  shall  hereafter  be  con- 
victed of  false  swearing  in  any  ease  in  this  act  mentioned,  he  or  they 
shall  be  liable  to  the  same  pains  and  penalties  as  is  already  by  law 
provided  against  wilful [1]  perjury. 

[Sect.  9.]  This  act  to  continue  and  be  in  force  for  the  space  of 
three  3-ears  from  the  publication  thereof,  and  no  longer.  \Passed 
January  30  ;*  published  January  31,  1761. 


False  swenring 
punished  aa 
peijury. 


CHAPTEK  18. 

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


We,  his  majesty's  most  dutiful  and  loj^al  subjects,  the  representa-  Preamble, 
tives  of  the  province  of  the  Massachusetts  Bay,  in  New  England,  being 
desirous  of  lessening  the  publick  debts,  have  chearfully  and  unani- 
mously given  and  granted,  and  do  give  and  grant,  to  his  most  excellent 
majest}-,  for  the  service  of  this  province,  as  thej'  shall  hereafter  appl}'  it, 
the  several  duties  of  impost  upon  all  liquors,  wares,  goods  and  mer- 
chandize 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  hy  the  Governo{}x\r,  Council  and 
House  of  Representatives, 

[Sect.  1.]  That  from  and  after  the  twenty-fifth  da}"  of  March,  one  Rates  of  impojt- 
thousand  seven  hundred  and  sixty-one,  to  the  twenty-sixth  day  of 
March,  one  thousand  seven  hundred  and  sixty-two,  there  shall  be  paid 
b}'  the  importers  of  all  wines,  rum  and  other  liquors,  goods,  wares  and 
merchandize  that  shall  be  imported  into  this  province  by  any  of  the  in- 
habitants thereof  (except  what  is  by  this  act  hereafter  exempted) ,  the 
several  duties  of  impost  following  ;  viz'^'^., — 

For  every  pipe  of  wine  of  every  sort,  ten  sliillings. 

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  maj- 
esty's plantations  in  America,  one  shilling. 
—  And  so,  proportionably,  for  a  greater  or  less  quantity. 

And  for  all  other  commodities,  goods  or  merchandize  not  mentioned 
or  not  excepted,  fourpence  for  every  twenty  shillings  value  :  except- 
ing 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  in- 
habitants of  the  other  provinces  or  colonies  on  this  continent,  or  of 
the  English  West-India  Islands,  in  any  ship  or  vessel  to  them  belong- 
ing, 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  eveiy  thing  which  Provlflo. 
is  the  growth  or  produce  of  the  provinces  or  colonies  aforesaid  (to- 
bacco and  bar-iron  excepted),  and  all  provisions,  salt,  cotton-wool,  pig- 
iron,  mahogonj',  brazilleto,  black-walnut,  lignum-vit[ee][ce],  red-cedar, 

*  Signed  January  31,  according  to  the  record. 


Double  impost 
to  be  paid  for 
goods  imported 
by  the  inhab- 
itants of  other 
colonies. 


408 


Province  Laws.— 1760-61.  [Chap.  18.] 


Drawback  of 
the  whole  im- 
post to  the  im- 
porter, in  case. 


Master  of 
vessels  to  make 
report. 


To  forfeit,  in 
case  of  breaking 
bulk. 


Invoice  to  be 
produced. 


Oath. 


Duties  to  be 
paid  before 
landing. 


logwood,  hemp,  raw  skins  and  hides,  and  also  all  prize  goods  brought 
into  and  condemned  in  this  province,  are  and  shall  be  exempted  from 
eveiy  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  pro\ances  or  colo- 
nies on  this  continent,  that  shall  be  imported  into  this  province,  and 
shall  have  paid,  or  on  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  officer  of  his  majesty's  customs,  that  the  same 
has  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  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  com- 
missioner aforesaid,  of  tiie  contents  or  loading  of  such  ship  or  vessel, 
therein  particularly  expressing  the  species,  kind  and  quantities  of  all 
wines,  liquors,  goods,  wares  and  merchandize  imported  in  any  such 
ship  or  vessel,  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  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  im- 
ported therein,  he  will  forthwith  make  report  thereof  to  the  commis- 
sioner aforesaid,  and  cause  the  same  to  be  added  to  his  manifest. 

And  he  it  further  enacted^ 

[Sect.  5.]  That  if  the  master  of  anj'  ship  or  vessel  shall  break 
buUv,  or  suffer  any  of  the  wines,  liquors,  goods,  wares  and  merchan- 
dize imported  in  such  ship  or  vessel  to  be  unladen  before  report  and 
entry  thereof  be  made  as  aforesaid,  he  shall  forfeit  the  sum  of  one 
hundred  pounds. 

And  he  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  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  the  form  fol- 
lowing ;  viz^'^. , — 

You,  A.  B.,  do  swear  that  the  entry  of  the  goods  and  merchandize  by  you 
nov/  made,  exhibits  the  sterling  value  of  said  goods,  and  that,  bona  Jide,  ac- 
cording to  your  best  skill  and  judgnient,  it  is  not  less  than  that  value.  So 
help  you  God. 

— which  oath  the  commissioner  or  receiver  appointed  in  consequence 
of  this  act  is  hereby  impowered  and  directed  to  administer ;  and  the 
owners  aforesaid  shall  pa}'  to  the  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. J  And  no  wines,  liquors,  goods,  wares  or  merchandize 
that  by  this  act  are  liable  to  pay  impost  or  duty,  shall  be  landed  on 


[8d  Sess.] 


PROvmcE  Laws. — 1760-61. 


409 


any  wharf,  or  in  any  warehouse  or  other  place,  but  in  the  daj'time  only, 
and  that  after  sunrise  and  before  sunset,  unless  in  the  presence  or  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  pro- 
duce an  invoice  of  the  quantities  of  rum  or  other  liquors  to  hira  or 
them  consign [e]d,  then  the  cask  wherein  the  same  are,  shall  be  gauged 
at  the  charge  of  the  importer,  that  the  contents  thereof  ma^-  be  known. 

Provided,  nevertheless, — 

[Sect.  9.]  That  the  said  commissioner  shall  be  and  hereby  is  al- 
lowed to  give  credit  to  such  person  or  persons  whose  duty  of  impost  in 
one  vessel  shall  not  exceed  six  pounds  ;  w-hich  credit  shall  be  so  limited 
as  that  he  shall  settle  and  ballance  his  accompts  with  every  person,  on 
or  before  the  twenty-sixth  day  of  March,  one  thousand  seven  hundred 
and  sixty-two,  that  the  said  acco[mp][?(n]ts  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  any  thing,  and  not  more  than  sixpence  for  any  other  single 
entry,  to  what  value  soever. 

And  he  it  further  enacted, 

[Sect.  10.]  That  the  importer  of  all  wines,  liquors,  goods,  wares 
and  merchandize,  from  and  after  the  twent3--fifth  day  of  March,  one 
thousand  seven  hundred  and  sixtj^-one,  and  until  the  twenty-sixth  day 
of  March,  one  thousand  seven  hundred  and  sixty-two,  by  laud-carriage, 
or  in  small  vessels  and  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  num- 
bers 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  b}'  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  whatsoever. 

And  he  it  further  enacted, 

[Sect.  11.]  That  every  merchant- or  other  person  Importing  any 
■wines  into  this  pAvince,  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-thirds  thereof 
leaked  out,  shall  be  accounted  for  outs,  and  the  merchant  or  importer 
shall  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  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.  12.]  And  if  it  maj'  be  made  to  appear  that  any  wine 
imported  in  an}''  ship  or  vessel  be  decayed  at  the  time  of  unloading 
thereof,  or  in  twenty  days  afterwards,  oath  being  made  before  the  com- 
missioner 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.  13.]  That  the  master  of  every  ship  or  vessel  importing  any 
liquors,  wines,  goods,  wares  or  merchandize,  shall  be  liable  to  pay  the 
impost  for  such  and  so  much  thereof,  contained  in  his  manifest,  as  shall 
not  be  duly  entered,  and  the  dut}'  paid  for  the  same  by  the  person  or 


Commissioner 
allowed  to  giva 
credit. 


Importer  by 
land-carriage  at 
in  small  vessels, 
to  make  report. 


Allowance  for 


Waster  allowed 
to  detain  goods 
not  entered,  or 
the  duty  not 
paid. 


410 


Peovince  Laws.— 1760-61.  [Chap.  18.] 


Master  liable  to 
befioed. 


SMpa,  &c., 
liable  to  be 
taken  in  execu- 
tion. 


Naval  officer 
not  to  clear 


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  eveiy  ship  or  other  vessel,  to  secure  and  detain  in  his  hands, 
at  the  owner's  risque,  all  such  wines,  liquors,  goods,  wares  and  mer- 
chandize imported  in  any  ship  or  vessel,  until  he  receives  a  certificate 
from  the  commissioner  or  receiver  of  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  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,  or  secured  to  be  paid  ;  and 
then  to  deliver  such  wines,  liquors,  goods,  wares  or  merchandize  as 
such  master  shall  direct. 

And  be  it  farther  enacted, 

[Sect.  14.]  That  the  commissioner  or  receiver  of  the  impost  in 
each  port,  shall  be  and  hei'el\y  is  impowered  to  sue  the  master  of  any 
ship  or  vessel  for  the  impost  or  duty  of  so  much  of  the  lading  of  an}^ 
wines,  liquors,  goods,  wares  or  merchandize  imported  therein,  accord- 
ing 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  an}'  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.  15.]  That  tlie  ship  or  vessel,  with  her  tackle,  apparel  and 
furniture,  the  master  of  which  shall  make  default  in  anj'thing  by 
this  act  required  to  be  performed  b}'  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  ent[e]red  as  afore- 
said, or  for  wliich  the  duty  of  impost  ha[th][t'e]  not  been  paid;  and, 
upon  judgment  recovered  against  such  master,  the  said  ship  or  vessel, 
with  so  much  of  the  tackle  or  appurtenances  thereof  jft  shall  be  sufficient 
to  satisfy  said  judgment,  may  be  taken  by  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  pros- 
ecuted 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  satis- 
faction thereof,  as  is  before  provided :  ttnless  the  owners,  or  some  on 
their  behalf,  for  the  releasing  of  such  ship  or  vessel  from  under  seizure 
or  restraint,  shall  give  sufficient  seeuritj'  to  the  commissioner  or  receiv- 
er of  impost  that  seized  the  same,  to  respond  or  satisfy  the  sum  or 
value  of  the  forfeitures  and  duties,  with  charges,  that  shall  be  recov- 
ered against  the  master  thereof,  upon  such  suit  to  be  brought  for  the 
same  as  aforesaid  ;  and  the  master  occasioning  such  loss  or  damage 
unto  the  owners,  through  his  default  or  neglect,  shall  be  hable  unto 
their  action  for  tlie  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  an}'  master  of  any  ship  or 


[3d  Sess.] 


Province  Laws. — 1760-61. 


411 


vessel,  outward  bound,  until  lie  shall  be  certified,  bj'  the  commissioner 
or  i-eceiver  of  impost,  that  the  duty  and  impost  for  the  goods  last  im- 
ported in  such  ship  or  vessel  are  paid  or  secured  to  be  paid. 

[Sect.  17.]  And  the  commissioner  or  receiver  of  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  jor  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  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  anj'  other  wa}', 
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  likel}-  that  wine,  rum  or  other 
distilled  spirits  will  be  brought  out  of  other  governments  into  this  ; 
■uhich  officers  shall  have  power  to  seize  the  same,  unless  the  owner 
shall  make  it  appear  tliat  the  duty  of  impost  has  been  paid  therefor 
since  their  being  brought  into  or  relanded  in  this  government ;  and 
such  officer  or  officers  are  also  impowered  to  search,  in  all  suspected 
places,  for  such  wines,  rum  or  other  distilled  spirits  or  tea  brought  or 
relanded  in  this  government,  where  the  duty  is  not  paid  as  aforesaid, 
and  to  seize  or  secure  the  same  for  the  ends  and  uses  as  in  this  act  is 
hereafter  provided. 

And  be  it  farther  enacted., 

[Sect.  19.]  That  the  commissioner  or  his  deputies  shall  have  full 
power  to  administer  the  several  oaths  aforesaid,  and  search  in  all  sus- 
pected 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  deput}',  shall 
have  information  of  any  wines,  rum  or  other  distilled  spirits,  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  tlie 
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  commissioner  or  his  deputy's  making  oath  tliat  he  hath  had  infor- 
mation as  aforesaid  ;  and  having  such  warrant[s],  and  being  attended 
by  such  officer,  the  said  commissioner  or  his  deputy  may,  in  the  day- 
time, between  sunrise  and  sun-setting,  demand  admittance  of  the  person 
owning  or  occupying  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  deputy,  shall  be  and  hereby  is  impowered  to  command  assistance, 
and  impress  carriages  necessary  to  secure  the  liquors  or  tea  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  aforesaid,  and  carriages  made  use  of,  to 


vessels  until 
impost  be  p^d. 


Bills  of  store 
to  be  allowed. 


Commissioner 
to  appoint  offi- 
cers in  places 
where  wines, 
rum,  &c.,  may 
be  brouglit  out 
of  other 
governments. 


Commissioner 
or  deputy  em- 
powered to 
administer  the 
oath,  &c. 


The  commis- 
sioner or  depu- 
ty, upon  infor- 
mation of  any 
liquors  being 
brought  into 
this  province, 
and  the  duty  not 
paid,  to  apply 
to  a  justice  foi^ 
a  warrant  to 
search,  &c. 


412 


Province  Laws.— 1760-61.  [Chap.  18.] 


Tonnage  of 
ehipping. 


Vessels  to  be 
measured,  tf 
suspected. 


Drawback  for 
wine,  rum  and 
tea  allowed, 
in  case. 


secure  the  liquors  or  tea  seized  as  aforesaid  ;  and  the  commissioner  or 
his  deputy  shall  then  file  an  information  of  such  seizure  in  the  inferiour 
court  of  common  pleas  for  the  count}^  wherein  such  seizure  shall  be 
made,  which  court  shall  summon  the  owner  of  such  liquor[s]  or  tea,  or 
the  occupier  of  such  shop,  house  or  warehouse,  or  distil [1] -house  where 
the  same  were  seized,  to  appear  and  shew  cause,  if  an}'  he  has,  why 
such  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  public  [A;]  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  further  enacted, 

[Sect.  21.]  That  there  shall  be  paid  by  the  master  of  every  ship 
or  other  vessel,  coming  into  an}'  port  or  ports  of  this  province,  to  trade 
or  traffick,  whereof  allj^he  owners  are  not  belonging  to  this  province 
(excepting  such  vessels  as  belong  to  Great  Britain,  the  provinces  or 
colonies  of  Pennsylvania,  West  and  East  Jers[e]y,  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 
receiver  of  the  duties  of  impost,  and  to  be  emploj'ed  for  the  uses  and 
ends  aforesaid. 

[Sect.  22.]  And  the  said  commissioner  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  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  owner  or  master  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,  accordingl}',  by  the  ti'easurer  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  paj-able 
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  agre[e]able  to  this  act,  shall  be  re-shipped  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  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  dut}'  of  impost  aforesaid  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  an}^  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  verily  believes  no  part  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  follows  ;  viz^'^., — 

For  every  pipe  of  wine,  nine  shillings. 


[3d  Sess.] 


Peovince  Laws.— 1760-61. 


413 


Appointment 
and  duty  of  tho 
commissioner. 


For  every  hogshead  of  mm,  seven  shillings  and  sixpence. 

And  for  every  pound  of  tea,  one  shilling. 

Provided^  always, — 

[Sect.  24.]  That  if,  after  the  shipping  of  such  wines  or  rum  or  tea  Proviflo. 
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  an}-  other  province  or  colony,  that  then 
all  such  wine,  rum  and  tea  so  relanded  and  brought  again  into  this 
province  shall  be  forfeited,  and  ma}-  be  seized  b}-  the  commissioner 
aforesaid  or  his  deputy. 

And  be  it  further  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  in- 
spection, care  and  rnanagement  of  the  said  office,  and  whatsoever 
relates  thereto,  to  receive  commission  from  tlte  governo[u]r  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^y-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  com- 
missioner 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  said  vessel  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 
w'hom  this  court  shall  appoint) ,  with  whom  he  shall  account  for  all  col- 
lections 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 
commissioner  or  receiver  and  his  deputy-  or  deputies,  before  their 
entering  upon  the  execution  of  their  said  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.  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  treasui-y,  at  the  rate  of  sixty  pounds  per  annum  ;  and  his  deputy 
or  deputies  shall  receive  for  their  service  such  sums  as  the  commis- 
sioner of  impost,  together  with  the  province  treasurer,  shall  judge  neces- 
sary for  whatever  sums  they  shall  receive  and  pay  ;  and  the  treasurer 
is  hereby  ordered,  in  passing  and  receiving  the  said  commissioner'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  forfeitiu-es  accruing  or  Disposition  of 
arising  in  consequence  of  any  breach  of  this  act,  shall  be  one  half  to  his  forfeitm-es. 
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  an}-  of  his  majesty's  courts  of  record,  wherein  no 
essoign,  protection  or  w-ager  of  laAV  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.  28.]     That  from  and  after  the  commencement  of  this  act,  in  charges  of 
all  causes  wherein  any  claimer  shall  appear,  and  shall  not  make  good  go°v  to"be°paid, 
the  claim,  the  charges  of  prosecution  shall  be  borne  and  paid  by  the   incase, 
said  claimer,  and  not  by  the  inforn^r.    \_Passed  and  published  January 
31,  1761. 


4.U 


Peovince  Laws.— 1760-61.     .     [Chap.  19.] 


CHAPTER    19. 


Pream'ble. 
1749-60,  chap. 
26. 


Penalty  for 
turning  crea- 
tures on  the 
beaches,  &c. 


Creatures  to  be 
impounded. 


To  be  sold  if 
not  redeemed. 


AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  ON  THE  MEADOWS  AND 
BEACHES  LYING  IN  AND  ADJOINING  ON  THE  NORTH  SIDE  OF  THE 
TOWN  OF  HARWICH,  BETWEEN  SKEKET  HARBOUR,  ON  THE  EAST, 
AND  QUIVET  HARBOUR,  ON  THE  WEST. 

Whereas  many  pei'sons  frequently  drive  numbers  of  neat  cattle, 
horses,  sheep  and  swiue  to  feed  upon  the  beaches,  meadows  and  shores 
adjoining  to  the  north  side  of  Harwich,  lying  between  Skeket  harbour, 
on  the  east,  and  Quivet  harbour,  on  the  west,  whereby  the  ground  is 
much  broken  and  damnified  and  the  sand  blown  on  said  adjoining 
meadows  and  upland,  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  Governor,  Council  and  House  of  Representatives, 

[Sect.  1.]  That  from  and  after  the  pubhcation  of  this  act,  no  per- 
son or  persons  shall  presume  to  turn  an}'  neat  cattle,  horse-kind,  sheep 
or  swine,  to  or  upon  any  of  the  beaches,  meadows  or  shores  that  lie  on 
the  north  side  of  the  town  of  Harwich,  between  Skeket  harbour-,  on  the 
east,  and  Quivet  harbour,  on  the  west,  at  any  time  between  the  first 
day  of  April  and  the  last  day  of  October  yearly,  during  the  continuance 
of  this  act,  on  peualtj'  of  paying  for  each  oflfence  five  shillings  a  head 
for  neat  cattle,  horses  or  mares  of  one  year  old  or  upwards,  and  one 
shilling  a  head  for  each  sheep  or  swine,  that  shall  be  turned  or  found  on 
said  beaches,  meadows  or  shores,  within  the  limits  aforesaid ;  which 
penalty  shall  be  recovered  by  the  selectmen  or  treasurer  of  the  said 
town  of  Harwich,  or  an}'  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. 

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,  mead- 
ows or  shores  that  lie  between  said  Skeket  harbour  and  said  Quivet 
harbour,  in  said  Harwich,  it  shall  and  may  be  lawful [1]  for  any  person 
to  impound  the  same,  immediat[e]ly  gi^'ing  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  relieve  the  said  creatures  with  suita- 
ble meat  and  water  while  impounded  ;  and  if  the  owner  thereof  appear 
to  redeem  his  impounded  creatures,  he  shall  pay  one  shilUng  and  six- 
pence to  the  impounder,  for  each  neat  beast  and  horse-kind,  and  six- 
pence for  each  sheep  and  swine,  and  the  reasonable  cost[s]  of  relieving, 
besides  the  poundkeeper's  fees  as  by  law  appointed  for  such  creatures. 
And  if  no  owner  appear  within  the  space  of  six  days  to  redeem  the  said 
cattle,  horse-kind,  sheep  or  swine  so  impounded,  and  to  pay  the  cost 
and  damage  occasioned  by  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  bo  sold  at  publick  vendue,  and  pay  the 
cost  and  charges  arising  about  the  same  (publick  notice  of  the  tirne 
and  place  of  such  sale,  to  be  given  in  the  said  town  of  Harwich  and  in 
the  towns  of  Eastham  and  Yarmouth,  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,  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  over- 


[3d  Sess.] 


Pkovince  Laws.— 1760-61. 


415 


plus  shall  be  one  half  to  the  party  impounding  such  cattle,  horse-kind, 
sheep  or  swine,  and  the  other  half  to  the  use  of  the  poor  of  the  said 
town  of  Harwich. 

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  thed^ue^observ? 
the  choice  of  town-officers,  be  authorized  and  impowered  to  chuse  one  anceofthisact. 
or  more  meet  person  or  persons  whose  dut}'  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  [1]  discharge  of  their  oftice  ;  and  in 
case  an}'  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  one  or  more  person  or  persons 
will  serve  therein. 

Provided, — 

[Sect.  4.]     That  nothing  in  this  act  shall  be  construed  to  prevent  Proviso, 
the  owner  or  owners   of  such  beach  or  meadows,  or  any  improving 
under  them,  from  turning  on  their  horses  they  ride,  or  cattle  the}'  im- 
prove in  their  teams,  to  feed  on  said  beach  or  meadows  while  they  are 
cutting  or  carting  their  hay  off  said  beach  or  meadows  adjoining. 

[Sect.  5.]     This  act  to  continue  and  be  in  force  for  the  space  of    Limitation, 
ten  j-ears  from  the  publication  thereof,  and  no  longer.     [^Passed  and 
published  January  31,  1761. 


CHAPTEE  20. 

AN  ACT  FOR  REPEALING  THE  SEVERAL  LAWS  NOW  IN  FORCE,  WHICH 
RELATE  TO  THE  OBSERVATION  OF  THE  LORD'S  DAY,  AND  FOR 
MAKING  MORE  EFFECTUAL  PROVISION  FOR  THE  DUE  OBSERVATION 
THEREOF. 


"Whereas,  by  reason  of  different  constructions  of  the  several  laws 
now  in  force  relating  to  the  observation  of  the  Lord's  Day,  or  Christian 
sabbath,  the  said  laws  have  not  been  duly  executed,  and,  notwith- 
standing the  pious  intention  of  the  legislators,  the  Lord's  Day  hath 
been  greatly  and  frequently  prophaned  ;  therefore, — 

Be  it  enacted  by  the  Governo[\i]r,  Council  and  House  of  Mepresenta- 
tives, 

[Sect.  1.]  That  the  several  laws,  and  the  several  paragraphs  and 
clauses  of  all  and  every  the  laws  of  this  province,  enforcing,  or  an}' 
ways  relating  to,  the  due  observation  of  the  Lord's  Day,  so  far  as  they 
relate  thereto,  be  and  hereby  are  repealed,  and  declared  null  and  void. 

A)id  whereas  it  is  the  duty  of  all  persons,  upon  the  Lord's  Day,  care- 
fully to  apply  themselves,  publickly  and  privately,  to  religion  and  piety, 
the  prophanation  of  the  Lord's  Day  is  highly  offensive  to  Almighty 
God,  of  evil  example,  and  tends  to  the  grief  and  disturbance  of  all 
pious  and  religiously  disposed  persons  ;  therefoi-*?,  that  the  prophana- 
tion of  the  said  day  may  be  fully  prevented, — 

Be  it  further  enacted, 

[Sect.  2.]  That  no  person  whatsoever  shall  keep  open  their  shops, 
warehouses  or  workhouses,  nor  shall,  upon  the  Jand  or  water,  do,  or  ex- 
ercise, any  labour,  business,  or  work,  of  theii*  ordinary  calling,  nor  any 
sport,  game,  play  or  recreation,  on  the  Lord's  Day,  or  any  part  thereof 
(works  of  necessity  and  charity  only  excepted) ,  upon  pain  that  every 


Preamble. 
1692-93,  ch.  22. 
1693,  ch  9. 
1693-94,  ch.  20, 
§5. 

1698,  ch.  10,  §  4. 
1711-12,  ch.  6. 
1716-17,  ch.  13. 
1727-28,  ch.  5. 
1741-42,  ch.  7. 

Acts  and  clauses 
of  acts  relating 
to  the  sabbath, 
repealed. 


Preamble. 


Business  and 
diversions  pro- 
hibited on  the 
Lord's  Day. 
9  Allen,  119 


416 


Province  Laws.— 1760-61.  [Chap.  20.] 


Travelling 
prohibited. 
14  Allen,  480, 
481, 484. 


Entertainment 
in  public  hoases 
prohibited. 


Unnecessary 
■walking,  &c., 
prohibited. 


Absence  from 
public  worship. 


Funerals 
regulated. 


Preamble. 


person  so  offending  shall  forfeit  and  pay  a  sum  not  exceeding  twenty 
shillings,  nor  less  than  ten  shillings. 

And  be  it  farther  enacted^ 

[Sect.  3.]  That  no  travel [^]er,  drover,  horse-coarser,  waggoner, 
butcher,  higler,  or  any  of  their  servants,  shall  travel  on  the  Lord's  Da}', 
or  an}'  part  thereof — except,  by  some  adversity,  they  shall  have  been 
belated,  and  forced  to  lodge  in  the  woods,  wilderness,  or  highways,  the 
night  before  (and  in  such  case  it  shall  be  lawful  to  travel  no  further,  on 
the  Lord's  Day,  than  to  the  next  inn  or  house  for  entertainment  of 
travellers),  upon  the  penalty  of  a  sum  not  exceeding  twenty  shillings, 
nor  less  than  ten  shillings. 

And  he  it  farther  enacted^ 

[Sect.  4.]  That  no  vintner,  retailer  of  strong  liquors,  innholder, 
or  other  person  keeping  a  house  of  publick  entertainment,  shall  enter- 
tain or  suffer  any  of  the  inhabitants  of  the  respective  towns  where 
they  dwell,  or  others  not  being  travellers,  strangers,  or  lodgers  in  such 
houses,  to  abide  or  remain  in  their  houses,  yards,  orchards,  or  fields, 
drinking,  or  spending  their  time  either  idly,  at  play,  or  doing  any  secu- 
lar business,  on  the  Lord's  Day,  or  any  part  thereof,  on  penalty  of  ten 
shillings,  payable  by  such  vintner,  innholder,  or  person  keeping  such 
house  of  entertainment,  for  each  person  so  entertained  or  suffered  ;  and 
every  person  so  drinking  or  abiding,  except  as  aforesaid,  shall  forfeit 
a  sum  not  exceeding  ten  shillings,  nor  less  than  five  shillings  ;  and 
every  such  licenced  person,  upon  every  conviction  after  the  first,  shall 
forfeit  twenty  shillings,  and,  having  been  three  times  convicted,  shall  be 
debarred  renewing  such  his  licence  ever  after. 

And  he  it  farther  enacted^ 

[Sect.  5.]  That  if  any  person  or  persons  shall  be  recreating,  dis- 
porting, or  unnecessarily  walking,  or  loitering,  or  if  any  persons  shall 
unnecessarily  assemble  themselves,  in  any  of  the  streets,  lanes,  wharves, 
highways,  commons,  fields,  pastures,  or  orchards,  of  any  town  or  place 
within  this  province,  upon  the  Lord's  Day,  or  any  part  thereof,  every 
person  so  offending  shall  forfeit  and  pay  the  sum  of  five  shillings,  and, 
upon  every  conviction  after  the  first,  shall  be  bound  to  their  good 
behaviour. 

And  he  it  further  enacted^ 

[Sect.  6. J  That  if  any  i)erson,  being  able  of  body,  and  not  other- 
wise necessarily  prevented,  shall,  for  the  space  of  one  month  together, 
absent  themselves  from  the  publick  worship  of  God,  on  the  Lord's 
Day,  they  shall  forfeit  and  pay  the  sum  of  ten  shillings. 

Provided^  always^  — 

[Sect.  7.  J  That  if,  upon  trial,  it  shall  appear  that  any  person  so 
chai'ged  had  good  and  sufficient  excuse  for  their  absence,  such  person 
shall  be  dismissed  without  costs. 

And  he  it  further  enacted^ 

[Sect.  8.]  That  no  sexton,  grave-digger,  porter,  or  bearer,  shall 
be  assisting  at  the  funeral  of  any  person  on  the  Lord's  Day,  or  any 
part  thereof,  and  no  person  shall  toll  any  bell  for  such  funeral,  un- 
less licence  be  given  by  a  justice  of  peace  (and  when  in  any  town  or 
district  where  no  justice  of  the  peace  dwells,  such  licence  be  granted 
by  one  or  more  of  the  selectmen  of  the  town  or  district) ,  on  penalty  of 
twenty  shilhngs,  to  be  paid  by  each  and  every  person  so  offending  ;  and 
no  justice  or  selectmen  shall  grant  any  licence,  except  in  cases  of 
necessity,  only,  and,  being  iu  the  town  of  Boston,  with  this  express 
proviso :  that  such  person  so  buried  be  not  carried  to  the  grave  until 
one  hour  after  sunset. 

And  whereas  many  persons  are  of  the  opinion  that  the  sabbath,  or 
time  of  rehgious  rest,  begins  on  Saturday  evening ;  therefore,  to  prevent 


[3d  Sess.] 


Pkovince  Laws. — 17G0-61. 


417 


all  unnecessary  disturbance  of  persons  of  such  opinion,  as  well  as  to 
encourage  in  all  others  a  due  and  seasonable  preparation  for  the  reli- 
gious duties  of  the  Lord's  Day, — 

Be  it  further  enacted, 

[Sect.  9.]  That  no  person  shall  keep  open  any  shop,  warehouse, 
or  workhouse,  or  hawk,  or  sell,  any  provisions,  or  wares,  in  the  streets 
or  lanes  of  any  town  or  district,  or  be  present  at  any  concert  of  musick, 
dancing,  or  other  publick  diversion,  on  the  evening  next  precceding  the 
Lord's  Day,  on  pain  of  forfeiting  ten  shiUings  for  each  oflencc  ;  and 
no  retailer,  inuholder,  or  person  licenced  to  keep  a  publick  house,  shall 
entertain,  or  suffer  to  remain,  or  be,  in  their  houses,  or  yards,  or  other 
places  appurtenant,  any  person  or  persons  (travellers,  strangers  or 
lodgers  excepted),  drinking,  or  spending  their  time,  on  the  said  even- 
ing, on  penalty  of  ten  shillings  for  each  oifeuce. 

And,  in  order  to  the  more  effectual  carrying  this  act  into  execution,  — 

Be  it  further  enacted, 

[Sect.  10.]  That  each  town  and  district  within  this  province  shall, 
at  the  time  of  chusing  town  and  district  officers,  annually,  and  ever}- 
year,  chuse  certain  persons,  being  of  good  substance  and  of  sober  life 
and  conversation,  to  be  wardens  of  such  town  or  district ;  of  which 
officers  the  town  of  Boston  shall  chuse  twelve  ;  viz''^.,  one  for  each  ward 
in  said  town  :  and  every  other  town  or  district  shall  chuse  any  number, 
not  less  than  two  and  not  exceeding  six  ;  and  all  such  wardens  shall 
be  under  oath  faithfully-  to  do  the  duty  of  their  office  as  required  by 
law ;  and  if  any  person  or  persons  shall  refuse  or  neglect  to  take  such 
oath,  and  to  serve  in  such  office,  ever}-  such  person,  in  the  town  of 
Boston,  shall  be  liable  to  the  penalty-  of  ten  pounds,  and,  in  anj^  other 
town  or  district,  to  the  penalty  of  five  pounds  ;  and  every  town  or 
district  shall,  forthwith,  proceed  to  the  choice  of  other  or  others  in  the 
room  of  any  person  or  persons  so  refusing  or  neglecting,  and  so,  toties 
quoties. 

[Sect.  11.]  And  if  any  person  or  persons  so  refusing  or  neglect- 
ing shall  not  pay  to  the  treasurer  of  such  town  or  district  the  fine  or 
penalty  aforesaid,  he  shall,  as  soon  as  may  be,  be  convened  before  the 
court  of  sessions  for  the  county,  and,  upon  certificate,  under  the  hand 
of  the  town  clerk,  that  such  person  was  legally-  chosen  to  the  office  of 
warden,  unless  some  just  cause  shall  be  made  to  appear  to  the  said 
court  of  sessions  to  excuse  the  person  so  chose  from  serving,  the 
justices  shall  order  a  warrant,  to  be  signed  b}'  the  clerk  of  the  peace, 
directed  to  ViXiy  constable  or  constables  of  such  town  or  district,  to  levy 
the  said  fine,  by  distress  and  sale  of  such  offender's  goods,  returning 
the  overplus,  if  any  there  be  ;  and  the  fine  or  penalty'  so  levied  or 
paid  shall  be  delivered  to  the  overseers  of  the  poor,  or  selectmen,  for 
the  use  of  the  poor  of  such  town. 

[Sect.  12.]  And  if  the  town  of  Boston  shall  neglect  the  due 
observance  of  this  act,  and  shall  not  chuse,  in  manner  as  required,  such 
officers,  the  said  town  shall  incur  the  penalty  of  one  hundred  pounds  ; 
and  any  other  town  or  district,  so  neglecting,  shall  incur  the  penalty 
of  fifty'pounds,  upon  every  conviction  of  such  neglect,  before  the  court 
of  sessions  for  the  county  wherein  such  town  or  district  shall  be  ;  to  be 
levied  by  warrant  from  the  said  court,  in  proportion,  upon  the  inhab- 
itants, as  publick  charges  are  levied,  and  to  be  paid  into  the  county 
treasuiy. 

And  he  it  further  enacted, 

[Sect.  13.]  That  the  persons  so  chosen,  and  serving,  as  wardens, 
shall  be  held  and  obhged  to  enquire  into,  observe,  and  inform  of,  all 
offences  against  tliis  act ;  and  every  such  warden  is  hereby  authorized 
and  impowered  to  enter  into  any  of  the  rooms  and  other  parts  of  any 


Bueiness  and 
diversion  on 
Saturday 
evening. 


Wardens  to  be 
appointed. 


Penalty  for  not 
serving. 


Penalty  on 
towna  for  not 
choosing. 


■Wardens'  duty. 


418 


Peovince  Laws.— 1760-61.  [Chap.  20.] 


Duty  of -wardens 
In  Boston. 


Warden's  oath 

eufflcient 

evidence. 


Privilege  of 
■wardens. 


inn,  or  publick  house  of  entertainment,  on  tlae  Lord's  Day  and  the 
evening  preceeding ;  and  if  such  entrance  shall  be  refused  to  any 
warden,  the  landlord,  or  [^/te]  licenced  person,  shall  forfeit  the  sum  of 
forty  shillings  for  each  and  every  offence.  And  the  said  wardens  are 
hereby  further  authorized  and  impovvered,  within  their  respective  towns 
or  districts,  to  examine  all  persons  suspected  as  unnecessarily  traA^elling 
on  the  Lord's  Day,  and  to  demand  of  all  such  persons  the  cause 
thereof,  together  with  their  names  and  places  of  abode  ;  and  if  such 
persons  shall  refuse  to  make  answer  to  such  demands,  or  shall  not 
give  satisfaction,  to  such  warden  or  wardens,  that  they  are  then  em- 
ployed in  travelling  upon  his  majesty's  service,  or  in  the  immediate 
service  of  this  government,  or  shall  not  give  such  other  reason  for  their 
travelling  upon  the  Lord's  Day  as  shall  satisf}'  such  wardens  of  the 
necessity  thereof,  such  wardens  shall  return  the  names  of  all  such  per- 
sons as  they  shall  know,  or  can  obtain  the  names  of,  to  one  of  his  maj- 
esty's justices  of  the  peace,  and  such  justice  shall  proceed  to  tr[y][ijal 
of  the  offence,  if  the  offender  shall  be  within  the  county- ;  or,  otherwise, 
such  warden  shall  return  the  names  of  such  persons,  and  the  offence,  to 
the  grand  jury,  for  their  consideration  and  proceeding  thereon.  And 
if  any  person  shall  wilfullj"  give  false  answer  to  any  such  demands  of 
any  warden,  every  person  so  offending  shall  forfeit  five  pounds,  for 
each  and  every  offence  ;  and  any  two  justices  of  the  peace,  quorum 
unus,  for  any  county  where  such  person  shall  be  found,  shall  have  full 
power  and  authority  to  enquire  into,  try  and  determine  such  offence. 

And  be  it  further  enacted, 

[Sect.  14.]  That  the  wardens  of  the  town  of  Boston  shall,  upon 
every  Lord's  Day  (except  in  times  of  rain,  snow,  tempestuous  wind 
or  extreme  cold),  and  in  such  part  and  parts  of  the  day  as  the}'  shall 
judge  most  proper  to  prevent  the  prophauation  thereof,  go  through,  or 
inspect,  the  streets,  lanes,  wharves,  and  other  parts,  of  their  respective 
wards  ;  and  an}'  one  of  said  wardens  may  likewise,  as  occasion  may 
require,  inspect  the  ward  of  any  other  warden  ;  and  they  are  hereby 
authorized  and  impowered  to  demand  the  names  and  places  of  abode 
of  any  persons  whom  they  shall  suppose  or  suspect  to  be  unnecessarily 
abroad,  and  the  cause  or  reason  thereof;  and  if  such  person  or  persons 
shall  not  give  a  satisfactory  answer,  such  warden  or  wai'dens  shall 
require  them,  or  either  of  them,  forthwith,  to  repair  to  their  places  of 
abode  or  lodging  ;  and  if  any  person  shall  refuse  to  give  such  answer, 
or  shall  answer  falsely,  or  shall  refuse  or  neglect,  forthwith,  to  repair, 
when  required,  to  such  their  places  of  abode  or  lodging,  and  that  by 
the  usual  [or]  [^cmd']  most  direct  streets  or  ways,  the  warden  shall, 
upon  the  next  da}-,  or  as  soon  after  as  maj'  be,  make  information  of 
such  offenders  to  one  of  his  majesty's  justices  of  the  peace  for  the 
county  ;  and  such  justice  shall  cause  such  persons  to  be  convened  before 
him,  and  shall  try  and  determine  such  offence. 

And  be  it  further  enacted, 

[Sect.  15.]  That  the  oath  of  any  warden  shall  be  deemed  full  and 
sufficient  evidence,  in  any  trial  for  an}'  offence  against  this  act,  unless, 
in  the  judgment  of  the  court  or  justice,  the  same  shall  be  invalidated 
by  other  evidence  that  may  be  produced. 

And  be  it  further  enacted, 

[Sect.  16.]  That  no  person  exempt  from  serving  as  a  grand-jury- 
man shall  be  liable  to  any  penalty  for  not  serving  as  warden,  any  thing 
in  this  act  to  the  contrary  notwithstanding;  and  no  person  shall  be 
held  and  obliged  to  serve  in  the  said  office  of  warden  more  than  once 
in  five  years  ;  and  no  warden,  during  the  year  of  service,  shall  be  liable 
to  any  military  duties,  except  in  case  of  an  alarm  or  invasion,  nor  shall 
be  liable  to  serve,  during  such  time,  as  juror,  or  in  any  other  office  of 


[3d  Sess.] 


PEOvmcE  Laws. — 1760-01. 


419 


burthen.  And  every  warden,  when  in  the  execution  of  his  office,  shall 
cany  with  him  a  white  wand,  not  less  than  seven  feet  in  length,  as  a 
badge  of  his  office,  and  may  command  assistance,  when  he  shall  judge 
it  necessar}' ;  and  any  person  refusing  or  neglecting  to  be  so  aiiling 
and  assisting  shall  forfeit  and  pay  the  sum  of  fort}'  shillings. 

And  he  it  farther  enacted^ 

[Sect.  17.]  That  the  parents  of  any  children,  under  age,  and  the 
guardians  of  any  minors,  and  the  masters  of  servants  who  shall  have 
no  parents  nor  guardians,  shall  be,  respectively,  liable  for  the  fines  of 
their  children,  wards,  or  servants,  who  shall  be  convicted  of  any  offence 
against  this  act. 

And  be  it  further  enacted^ 

[Sect.  18.]  That  in  case  any  person  that  shall  be  convicted  of  pro- 
phaning  the  Lord's  Day,  or  Christian  sabbath,  in  any  of  the  instances 
mentioned  in  this  act,  shall  not  immediately  pay  the  sum  or  sums  by 
him  forfeited,  as  aforesaid,  he  shall  be  punished  by  being  committed  to 
the  common  goal  of  the  county,  there  to  remain  not  exceeding  ten 
days,  nor  less  than  five  days. 

Aiid  he  it  further  enacted, 

[Sect.  19.]  That,  notwithstanding  the  special  provision  made  by 
this  act  for  preventing  the  breaches  thereof,  any  justice  of  peace  may, 
upon  inspection,  convict  any  person  ;  and  such  special  provision  shall 
not  be  construed  or  understood  to  exempt  any  sheriffs,  grand-jurors, 
tithingmen,  constables,  or  other  officers,  or  persons,  whatsoever,  from 
any  obligation  or  duty  to  cause  this  act  to  be  put  in  execution  ;  but 
they  shall  be  held  to  take  due  notice  of,  and  prosecute,  all  breaches 
thereof,  such  special  provision  notwithstanding. 

[Sect.  20.]  And  this  act  shall  be  read  in  every  town  and  district, 
by  the  town  or  district  clerk,  at  the  March  meeting,  every  3'ear,  and 
immediately  before  the  choice  of  wardens  ;  and  any  town  or  district 
clerk  neglecting  to  read  the  same  shall  forfeit  the  sum  of  twent}'  shil- 
lings.    \_Passed  and  published  January  31,  1761.* 


Parents  and 
guardians  liable 
for  fine. 


Persons  not 
paying  fines 
subj;  cl  lo 
imprisonraent. 


Other  civil 
officers  to  take 
notice  of 
breaches  of 
this  act. 


Act  to  he  read 
at  March  meet- 
ing, annually. 


CHAPTEE   21. 

AN  ACT  FOR  REVIVING  AND   CONTINUING  SUNDRY  LAWS  THAT  ARE 
EXPIRED  AND  NEAR  EXPIRING. 


Whereas  the  several  acts  hereinafter  mentioned,  which  are  now 
expired  or  near  expiring,  have  been  found  useful  and  beneficial ; 
namely,  one  act  made  in  the  fourteenth  jear  of  the  reign  of  King 
George  the  Second,  intit[M]led  "An  Act  hi  further  addition  to  an  act 
for  regulating  of  fences,  &c."  ;  one  act  made  in  the  fifteenth  year  of 
said  reign,  intit[»]led  "An  Act  to  prevent  unnecessary  petitions  to 
the  great  and  general  court "  ;  one  act  made  in  the  sixteenth  year  of 
said  reign,  intit[?t]led  "  An  Act  in  addition  to  the  several  laws  of  this 
province  relating  to  the  support  of  poor  and  indigent  persons  "  ;  two 
acts  made  in  the  twentieth  year  of  said  reign  ;  one  intit[«]led  "  An  Act 
to  prevent  tlie  destruction  of  the  meadow  called  Sandy-Neck  Meadow, 
in  Barnstable,  and  for  the  better  preservation  of  the  harbour  there  "  ; 
the  other,  intit[w]led  "An  Act  to  prevent  the  destruction  of  wild 
fowl";  two  acts  made  in  the  twenty-second  3-ear  of  said  reign;  one 
intit[w]led  "  An  Act  to  prevent  damage  by  fire  in  the  towns  of  Boston 

*  The  date  of  publication  as  endorsed  on  the  engrossment,  is  January  13;  but 
this  was  evidently  a  mistake. 


Sundry  laws 
revived  and 
continued. 


Fences. 
1740-41,  ch.  19. 


Petitions. 
1741-42,  ch.  1, 


Poor. 
1742-43,  ch.  18. 


Meadow. 
1746-47,  ch.  28. 


Wild  fowl. 
1747-48,  ch.  3. 

1748-49,  ch.  14. 


420 


Province  Laws. — 1760-61. 


[Char  22.] 


Beach  and 
meadow. 
1748-49,  ch.  18. 


Incendiary 

lettera. 
1749-50,  ch.  7. 


Ale-wives. 
1749-50,  ch.  12. 
1749-50,  ch.  13. 


Potash. 
1754-56,  ch.  26. 

1767-58,  ch.  10. 


Cattle,  sheep, 
&c.,  not  to  run 
at  large. 
1757-58,  ch.  11, 

Quakers,  &c. 
1757-58,  ch.  20. 


Their  continua- 
tion for  ten  years 
from  the  30th  of 
January,  1761, 
to  30th  of 
January,  1771. 


and  Charlestown  "  ;  the  other,  intit[?/]led  "  An  Act  to  prevent  damage 
being  done  on  the  beach  in  Biddoford,  and  meadows  adjoining  to  said 
beach,  common!}'  known  by  tlie  name  of  Winter-Harbour  Beach"; 
three  acts  made  in  the  twenty-third  ^year  of  said  reign  ;  one  inti- 
t[tt]led  "  An  Act  for  the  punishing  such  offenders  as  shall  be  any  way 
concerned  in  contriving,  writing  or  sending  any  incendiary  or  mena- 
cing letters  in  order  to  extort  sums  of  monc}'  or  other  things  of  value 
from  any  of  his  majesty's  good  subjects  "  ;  one  other,  intit[tt31ed  "  An 
Act  to  prevent  the  unnecessary  destruction  of  alewives  in  the  town  of 
Middieborough  "  ;  the  other,  intit[M]led  "An  Act  to  prevent  any  per- 
sons obstructing  the  fish  in  their  passing  up  into  Monatiquot  River 
within  the  town  of  Braintree  "  ;  one  act  made  in  the  twenty-eighth 
year  of  said  reign,  intit[w]led  "•An  Act  for  appointing  assayers  of 
potash  and  peaiiash  "  ;  three  acts  made  in  the  thirt^'-first  year  of  said 
reign  ;  one  intit[M]led  "  An  Act  in  addition  to  an  act  intit[M]led  '  An 
Act  in  addition  to  the  act  for  providing  of  pounds,  &c.'  "  ;  one  other, 
intit[tt]led  "An  Act  to  prevent  neat  cattle,  horses  and  sheep  running 
at  large  and  feeding  on  the  beaches  between  Wells  and  Ogunquit  har- 
bours in  the  town  of  Wells,  and  to  prevent  the  mowing  of  the  same  "  ; 
and  the  other,  intit[i(]led  "An  Act  further  to  exempt  persons  com- 
monly called  Quakers  and  An[?i]abaptists  from  paying  ministerial 
taxes  "  :  all  which  acts  are  expired  or  near  expiring, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of  Hep- 
resentatives, 

That  such  of  the  before-mentioned  acts  as  are  expired,  with  all  ani 
every  article,  clause,  matter  and  thing  therein  respectively  contained, 
be  and  hereb}^  are  revived,  and  shall  be  in  force  from  the  thirtieth  day 
of  January  current,  and  until  the  thirtieth  day  of  January,  one  thou- 
sand seven  hundred  and  sevent3'-one,  and  the  others  of  said  acts  that 
are  near  expiring  are  hereby  continued,  and  shall  be  in  force  until  the 
thirtieth  day  of  January,  one  thousand  seven  hundred  and  seventy-one, 
and  no  longer.      [^Passed  and  published  January  31,  1761. 


CHAPTER    22. 

AN  ACT  FOR  RAISING  A  FURTHER  SUM  OF  MONEY,  BY  A  LOTTERY 
OR  LOTTERIES,  TO  COMPLEAT  THE  REPAIRING  THE  CAUSEWAY  ON 
THE  WESTERLY  SIDE  OF  SUDBURY  RIVER,  AND  FOR  BUILDING  A 
BRIDGE  OVER  SAID  RIVER. 


Preamble. 
1759-60,  ch.  10. 


Whereas  the  great  and  general  court,  at  their  sessions  in  October, 
one  thousand  seven  hundred  and  liftj'-nine,  impowered  Messieurs  John 
Noyes,  Josiah  Brown,  Joseph  Curtis,  William  Baldwin,  Augustus 
Moore,  Reynolds  Seager  and  Capt[ain]  Elijah  Smith,  of  Sudbuiy 
aforesaid,  to  raise,  h\  a  lottery  or  lotteries,  the  sum  of  eight  hundred 
and  twent3'-seven  pounds,  to  be  applied  towards  raising  said  causewa}', 
digging  a  new  canal  to  King's  Pond,  across  said  cause [se]y,  with  three 
other  sluices,  and  also  for  raising  two  other  short  causeway's,  on  Lan- 
caster road,  leading  to  and  near  the  said  long  causeway  ;  and  ivhereas 
the  greater  part  of  said  sum  has  been  accordingly  raised,  and  the  same 
expended  for  the  purposes  for  which  it  was  raised,  so  far  as  it  would 
extend,  but,  it  being  insufficient  to  compleat  and  finish  the  same  ;  where- 
fore, for  raising  a  sum  sufficient  for  finishing  the  said  causeway,  digging 
a  new  canal  to  King's  Pond,  across  said  causeway,  with  three  other 
sluices,  and  also  for  raising  two  other  short  causeways,  on  Lancaster 
road,  leading  to  and  near  the  long  causeway,  — 


[3d  Sess.] 


Province  Laws.— 1760-61. 


421 


Be  it  enacted  hy  the  (?ovemo[u]r,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]     That  the  said  John  Noyes,  Josiah  Brown,  Joseph  Curtis,   Managers 
William  Baldwin,  Augustus  Moore,  Reynolds  Seager  and  Captain  Eli-  ''pp^'^'^  • 
jah  Smith,  or  anj^  four  of  them,  be  and  they  are  hereby  allowed  to  set 
up  and  carry  on  one  or  more  lotter}^  or  lotteries,  amounting,  in  the   £4ootobe 
whole,  to  such  a  sum  as,  by  deducting  ten  per  cent  out  of  the  same,  or  Jobl^^pUed?'^ 
out  of  each  pri[z]  [c]e-  or  benefit-ticket,  may  raise  the  sum  of  four  hun- 
dred pounds,  and  no  more,  to  be  applied  towards  finishing  and  com- 
pleatiug  the  raising  of  said  causeway,  digging  a  new  canal  to  King's 
Pond,  across  said  causey,  with  three  other  sluices,  and  also  for  raising 
two  other  short  causeways,  on  Lancaster  road,  leading  to  or  near  the 
said  long  causeway,  and  the  necessary'  charges  of  managing  and  prose- 
cuting the  lotteries  aforesaid  ;  and  the  said  John  No_yes,  Josiah  Brown, 
Joseph  Curtis,  William  Baldwin,  Augustus  Moore,  Reynold[s]  Seager 
and  Captain  Elijah  Smith,  or  any  four  of  them,  are  hereby  impow[e]red 
to  make  all  necessary  rules  and  orders  for  the  regular  proceedings  there- 
in ;  and  they  shall  be  sworn  to  the  faithful  discharge  of  the  trust  afore- 
said, and  shall  be  answerable  to  the  purchasers  and  drawers  of  the 
tickets  for  an^^  deficiency  or  misconduct :  and  the  money  thus  raised 
shall  be  applied  to  the  uses  and  purposes  aforesaid. 

And  he  it  further  enacted, 

[Sect.  2.]     That  the  directors  or  managers  aforesaid  shall  keep  a  Managers' 
particular  account  of  the  days  of  their  attendance  upon  the  service  ai'o'^^o®* 
aforesaid,  and,  for  each  day's  attendance,  shall  be  allowed  the  sum  of 
four  shillings  :  j^Tovided  that  no  more  than  four  of  the  managers  afore-  Proviso, 
said   shall  be  intitled  to  such  allowance  for  one  and  the  same  day. 
[^Passed  and  published  January  31,  1761. 


CHAPTER  23. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  THIRTY 
THOUSAND  POUNDS. 

Whereas  the  pro\asion  made  by  this  court,  at  their  session  in  May  Preamble, 
last,  to  defrey  the  expence  of  an  expedition  for  the  total  reduction  of 
Canada,  is  insuflacient  for  that  purpose ;  and  whereas  this  province's 
proportion  of  the  parliamentary  grant  to  recompence  them  for  their 
services  in  the  year  1758,  is  laden  on  board  his  majesty's  ship  Fowey, 
■which  is  daily  expected, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representatives, 
That  the  sum  of  thirty  thousand  pounds,  part  of  said  monies,  be  ap-  Disposition  of 
plied  by  the  treasurer  and  receiver-general,  and  he  is  accordingly  here-  parliamentary 
by  impowered  and  directed  to  apply  said  sum  of  thirty  thousand  pounds,   grant  for  1758. 
■when  received  into  the  treasury,  for  the  payment  of  such  dra[f][Mg'/i]ts 
as  shall  be  made  on  him  by  the  governor,  with  [^Ae]  advice  of  the 
council,  for  the  payment  of  the  troops  of  this  province,  employed  in  the 
late  expedition,  under  the  command  of  General  Amherst.     [^Passed 
and  published  January  31,  1761. 


422 


PROvmcE  Laws.— 1760-61.  [Chap.  24.] 


CHAPTEE    24. 


AN    ACT    FOR    ENQUIRING   INTO    THE    RATEABLE    ESTATES  OF  THIS 

PROVINCE. 


Preamble. 
1756-57,  chap. 
40. 


Assessors  for 
1760  to  lodge  in 
the  secretary's 
office  a  list  of 
polls  and  rata- 
ble estates  by 
first  of  June, 
1761. 


Asseesor's  oath. 


By  ■whom  to  be 
administered. 


Whereas  the  rateable  estates  of  the  several  towns  and  districts  in 
this  province  are  much  altered  since  the  last  valuation, — 

Be  it  enacted  hy  the  Governor^  Council  and  House  of  Representatives, 
[Sect.  1.]  That  the  assessors  of  each  town  and  district  within  this 
province,  chosen  for  the  j-ear  one  thousand  seven  hundred  and  sist}', 
shall,  on  oath,  take  and  lodge  in  the  secretaiy's  office,  by  the  first  day 
of  June  next,  a  true  and  perfect  list,  according  to  their  best  skill  and 
understanding,  agre[e]able  to  a  list  settled  by  the  general  court  and 
recorded  in  the  secretaiy's  office  (a  printed  copy  of  which  list  shall  be, 
b}'  the  treasurer  of  the  province,  sent  to  the  clerk  of  each  town  and 
d[e][i]strict  therein),  containing  an  account  of  all  male  pol[/][e]s  of 
sixteen  years  old  and  upwards,  whether  at  home  or  abroad,  distinguish- 
ing such  as  are  exempt  from  rates  ;  and  of  all  rateable  estate,  both  real 
and  personal,  lying  within  or  adjacent  to  their  respective  towns  and 
districts,  and  b}'  whom  occup[y][i]ed,  and  what  each  person's  real 
estate  may  rent  for  by  the  3'ear,  taking  one  jxar  with  another  ;  particu- 
larly mentioning  dwelling-houses  and  land,  stil[/] -houses,  warehouses, 
wharves,  grist-mills,  fulling-mills,  saw-mills,  iron-works  and  furnaces ; 
and  what  each  of  said  estates  may  rent  for  by  the  year,  in  the  judg- 
ment of  said  assessors,  without  consideration  of  repairs  ;  and  of  all  In- 
dian, negro  or  molatto  servants  for  life,  from  fourteen  to  fort^'-five  3'ears 
of  age  ;  and  the  number  of  tons  of  vessel [l]s  of  cveiy  kind,  upwards 
of  ten  tons'  burthen  (to  be  given  in,  in  carpenters  tonnage),  whether 
at  home  or  abroad  ;  and  each  person's  whole  stock  in  trade,  including 
all  goods,  wares  and  merchandize,  hj  them,  of  their  own  property',  also 
including  those  in  their  hands  by  factorage  ;  and  mone^'  at  interest  which 
any  person  has  more  than  he  pa3'S  interest  for  ;  and  also  of  all  horses, 
oxen,  cows,  goats,  sheep  and  swine,  at  the  respective  ages  set  in  said 
list ;  and  said  assessors,  in  taking  said  valuation,  shall  distinguish  the 
different  improvements  of  land,  and  return  their  list  in  the  following 
manner  :  the  number  of  acres  of  pasture,  the  number  of  acres  of  tillage- 
land,  the  number  of  acres  of  orchard,  the  number  of  aci-es  of  salt 
mar[i]sh,  and  the  number  of  acres  of  fresh,  and  EngUsh  mowing-land  ; 
and  also  what  stock  each  pasture  is  ordinarily-  capable  of  feeding,  and 
what  quantity  of  produce  the  said  tillage,  mowing,  and  orchard,  land 
3-early  affords,  taking  one  year  with  another :  excepting  that  the  gov- 
ernor, lieut[e?ian^]-governor,  president,  fellows,  professors,  tutors  and 
students  of  Harvard  College,  settled  ministers,  and  gramm[e]  [a]r- 
school  masters,  with  their  families,  for  their  polls,  and  for  their  estates 
in  their  own  actual  improvement,  shall  be  exempted  out  of  this  act ; 
and  said  assessors,  before  they  enter  on  this  work,  shall  take  the  follow- 
ing oath ;  viz"^'^., — 

You,  A.  B.,  being  chosen  an  assessor  for  the  town  of  B.,  for  the  year  one 
thousand  seven  hundred  and  sixty,  do  swear  that  you  will  faitlifully  and  im- 
partially, according  to  your  best  skill  and  judgment,  do  and  perform  the  whole 
duty  of  an  assessor,  as  dhected  and  enjoined  by  an  act  of  this  province  made 
in  the  present  year,  intit[M]led  "  An  Act  for  enquu'ing  into  the  rateable  estates 
of  the  province,"  without  iavo[u]r  or  prejudice.     So  help  you  God. 

—  which  oath,  in  such  towns  or  districts  where  no  justice  of  the  peace 
dwells,  shall  be  administred  b^^  the  town  or  district  clerk,  who  is  here- 
by impow[e]red  and  directed  to  administer  the  same,  on  penalty  often 


[3d  Sess.] 


Province  Laws. — 1760-61. 


423 


pounds  ;  and  eveiy  assessor  who  shall  have  been  chosen  b}'  an}-  town 
or  district,  in  the  jeiiv  one  thousand  seven  hundred  and  sLsty,  and 
accepted  such  choice,  that  shall  refuse  to  take  such  oath,  shall  forfeit  Penalty  for 
and  pa}'  the  sum  of  fort}'  pounds  ;  or,  taking  the  same,  shall  neglect  or  °®gi®<"" 
refuse  to  do  the  duty  required  by  this  act,  or  shall  anyways  act  deceit- 
fully therein,  shall,  for  each  of  these  offences,  forfeit  and  pay  a  fine  of 
fifty  pounds. 

[Sect.  2.]     And  every  person  not  necessarily  out  of  the  province  ;   Persons  to  give 
viz^'^.,  on  and  from  the  twentieth  day  of  April  next,  to  the  first  day  of  assessors  on^ 
June  next  (in  which  cases  they  shall  be  doomed  by  the  assessors  as  is  oath, 
hereafter  expressed),  refusing  or  neglecting  to  give  such  assessor  or 
assessors,  in  writing,  and  on  oath  (which  the  assessors  respectively  are 
impow[e]red  and  required  to  administer),  a  true  account  of  his  rate- 
able estate,  improvements  and  rents,  agre[e]able  to  the  true  intent  of 
this  act,  shall  be  doomed  by  the  assessors  according  to  their  best  skill 
and  judgment ;  and  shall,  for  each  offence,  forfeit  and  pay  the  sum  of 
fifty  pounds  :  which  oath  shall  be  in  the  following  form  ;  y\z^^^.  , — 

You,  C.  T>.,  do  swear  that  the  account  now  exhibited  by  you  is,  to  the  best   Form  of  the 
o£  your  knowledge  and  judgment,  a  full  account  of  all  your  rateables,  agre[e]a-  °^^^' 
ble  to  the  list  now  exhibited  to  you.     So  help  you  God. 

• — and  every  assessor  shall  be  allowed,  out  of  the  treasury  of  his  re- 
spective town  or  district,  the  sum  of  four  shillings  for  every  day  he 
shall  be  necessarily  employed  in  doing  the  duty  enjo[y][i]ned  by  this 
act. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  assessors  of  each  town  and  district  in  this 
province,  for  the  year  one  thousand  seven  hundred  and  sixty,  shall,  by 
the  abovesaid  first  day  of  June  next,  transmit  to  the  secretary's  office 
a  true  and  perfect  copy,  on  oath,  of  the  list  and  valuation  of  estates 
by  which  they  made  the  taxes  in  their  particular  towns  and  districts 
for  that  year,  and  also  a  true  copy  of  the  province  tax  made  by  such 
list  and  valuation ;  on  penalty  that  each  assessor  neglecting  his  duty 
therein  shall  forfeit  and  pay  twenty  pounds. 

And  be  it  farther  enacted, 

[Sect.  4.]  That  if,  in  any  of  the  towns  and  districts  aforesaid,  it  so 
happens  that  any  of  the  assessors,  for  the  year  one  thousand  seven 
hundred  and  sixty,  be  dead  or  removed,  in  that  case  the  remaining 
part  of  said  assessors  shall,  and  are  hereby  impow[e]red  to,  act  in  all 
cases  touching  the  valuation  aforesaid,  as  fully  as  if  there  had  been  no 
such  death  or  removal. 

[Sect.  5.]  And  all  fines  and  forfeitures  arising  by  this  act  may  be 
recovered  by  action  or  information,  in  any  of  his  majesty'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  majesty  to  and  for  the  use  of  this  government. 

And  whereas  it  may  happen  that  some  rateable  estate,  by  shifting 
hands,  may  be  liable  to  be  given  in  twice  to  the  assessors,  or  not  given 
in  at  all, — 

Be  it  further  enacted, 

[Sect.  6.]  That  every  person  in  each  town  and  district  within  this 
province,  in  giving  in  to  the  assessors  a  list  of  his  rateables,  shall  esti- 
mate such  rateable  estate,  agi-e[e]able  to  this  act,  as  he  is  possessed 
of  on  the  twentieth  day  of  April  next.  [^Passed  and  published  Jan- 
uary 31,  1761. 


Allowance  to 
the  assessors. 


Assessors  to 
transmit  lists  by 
which  they 
made  their  rates 
in  1760. 


In  cases  where 
any  of  the 
assessors  for 
1760  are  dead 
or  removed,  the 
remainder  to 
act. 


Fines,  how  to 
be  recovered 
and  applied. 


Ratable  estate 
to  be  estimated 
as  on  the  20th  of 
AprU,  1761. 


424 


Peovince  Laws.— 1760-61.  [Chap.  25.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-fifth  day  of  March,  A.  D.  1761. 


CHAPTEK    25. 


Preamble. 
1760-61,  chap,  7, 
S7. 


Superior  conrt 
at  Falmouth  to 
have  .iurisdic- 
tjon  in  certain 
cases. 


Jnrors  to  he 
summoned. 


Preamhle. 


Selectmen  to 


AN  ACT  IN  ADDITION  TO  AN  ACT  MADE  AND  PASSED  IN  THE  THIRTY- 
THIRD  YEAR  OF  HIS  LATE  MAJESTY  KING  GEORGE  THE  SECOND, 
INTIT[C7]LED  "AN  ACT  FOR  ERECTING  AND  ESTABLISHING  TWO  NEW 
COUNTIES  IN  THE  EASTERLY  PART  OF  THE  COUNTY  OF  YORK." 

"Whereas,  in  and  b}'  an  act  made  and  passed  in  tlie  thirty-tliird  year 
of  the  reign  of  his  late  majesty  King  George  the  Second,  intit[?t]led 
"  An  Act  for  erecting  and  establishing  two  new  counties  in  the  east- 
erly part  of  the  county  of  York,"  it  is,  among  other  things,  enacted 
and  provided  as  follows  ;  viz'^'^,  that  "  all  appeals  from  any  judgment 
or  judgments  given  at  aiw  court  of  general  sessions,  and  at  an}^  infe- 
rior court  of  common  pleas,  within  the  said  county  of  Lincoln,  shall  be 
heard  and  tried  at  the  superior  court  of  judicature  to  be  held,  ^-early, 
at  Falmouth,  as  aforesaid  ;  "  and  ivliereas  the  said  provision  is  insuffi- 
cient to  give  jurisdiction  to  the  said  superior  court,  held  at  Falmouth, 
in  other  raatter[s]  and  things  necessary-  to  be  tried  and  determined  by 
said  court, — 

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

[Sect.  1.]  That  the  superior  court  of  judicature,  court  of  assize, 
and  general  goal  delivery,  to  be  held  at  Falmouth  in  and  for  the  county 
of  Cumberland,  shall  have,  from  time  to  time,  and  at  all  times  here- 
after, the  same  jurisdiction,  power  and  authority'  for  the  trial  of  all 
actions,  civil  or  criminal,  the  cause  whereof  has  arisen,  or  shall  arise, 
within  the  bod^'  of  the  countj'  of  Lincoln,  as  also  to  hear  and  deter- 
mine all  other  matters  and  things  arisen,  or  which  shall  arise,  within  the 
body  of  the  said  county  of  Lincoln,  as  the  said  superior  court,  by  law, 
would  have  if  the  cause  of  such  actions,  and  such  matters  and  things, 
had  arisen  within  the  bodj'  of  the  said  county  of  Cumberland. 

And  he  it  further  enacted,, 

[Sect.  2.]  That  the  grand  jurors  and  petit  jurors  serving  at  the 
superior  court  of  judicature,  court  of  assize,  and  general  goal  delivery, 
to  be  holden  at  Falmouth,  shall,  from  time  to  time,  be  chosen  and 
summoned,  in  such  manner  as  the  law  directs  for  the  choice  and  sum- 
mons of  grand  and  petit  jurors,  out  of  the  several  towns  within  the 
said  counties  of  Cumberland  and  Lincoln. 

And  v:hereas  the  selectmen  of  several  towns  within  the  said  counties 
of  Cumberland  and  Lincoln  may  have  neglected,  or  omitted,  preparing 
a  list  of  persons  liable  to  serve  on  the  petit  juiy,  before  the  tenth  day 
of  April,  1760,  in  manner  as  the  law  directs, — 

Be  it  therefore  farther  enacted,, 

[Sect.  3.]     That  the  selectmen  of  every  town  and  district,  within 


[4th  Sess.] 


Province  La^^s.— 1760-61. 


425 


the  said  counties  of  Cumberland  and  Lincoln,  so  neglecting  or  omit-  takciiBts. 
ting,  shall,  some  time  in  the  month  of  April  this  present  j'ear,  take  a 
list  of  such  persons  as  are  qualified  and  liable,  b}-  law,  within  such 
towns  and  districts,  respectivel,y,  to  serve  on  petit  juries,  to  be  laid 
before  sucli  respective  towns  and  districts  sometime  before  the  first 
Tuesda}'  of  May  next  following,  at  a  publick  town-meeting ;  and  such 
towns  and  districts  shall  proceed  to  determine  upon  said  lists  in  like 
manner  as  such  towns  or  districts  might  and  would  have  done,  b}'  law, 
if  such  list[s]  had  been  prepared  and  presented  before  the  said  tenth 
da}-  of  April,  1760  ;  any  law,  usage  or  custom  to  the  contrar}^  notwith- 
standing. " 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  justices  of  the  courts  of  general  sessions  of  justices,  &c.,  to 
the  peace  for  the  aforesaid  counties  of  Cimiberland  and  Lincoln,  shall  grant licenecB. 
be  and  they  hereb}-  are  impowered  to  grant  licences  to,  and  to  take 
recognizances  from,  innholders  and  retailers  of  strong  drink,  within  the 
respective  counties,  at  the  next  courts  of  general  sessions  to  be  holden 
for  such  count[3-][ie]s,  respectively  ;  suc[c]h  licen[s]  [cjes  to  continue 
until  the  first  courts  of  general  sessions  which  shall  be  held  and  kept 
in  course,  for  such  count[y][«'e]s,  respectively,  next  after  the  twent}- 
ninth  da}-  of  June,  which  shall  be  in  tlie  year  1762  ;  any  law,  usage  or 
custom  to  the  contrary  notwithstanding.  \^Passed  April  14  ;  published 
April  21,  1761. 


CHAPTEK   26. 


AN  ACT  FOR  RAISING  A  SUM  OF  MONEY  BY  LOTTERY,  FOR  REPAIRING 
FAN[EU][r7J5;]IL  HALL  IN  BOSTON. 

Whereas  the  town  of  Boston,  by  a  petition  presented  by  their  Preamble, 
selectmen,  have  represented  to  this  court  that,  in  the  providence  of  God, 
Faneuil  Hall  having  been  consumed  by  fire,  the  inhabitants  of  said 
town  labour  under  great  inconveniency  in  want  of  a  suitable  place  for 
transacting  the  publick  business  of  said  town,  and  find  it  necessary  to 
rebuild  and  repair  the  said  hall  not  only  to  accommodate  themselves, 
as  soon  as  may  be,  but  also  that  they  may  not  lose  the  benefit  of  the 
w-alls  yet  standing ;  and  do,  by  said  selectmen,  humbly  move  that  this 
court  would  enaiile  some  suitable  persons  to  raise  a  sufBcient  sum  by 
way  of  lottery,  for  that  purpose, — 

Be  it  enacted  by  the  6'over>io[u]?',  Council  and  House  of  Represen- 
tatives, 

[Sect.  1.]    That  Samuel  Sewall,  Samuel  Phillips  Savage  and  Ezekiel  Manngers 
Lewis,  or  any  two  of  them,  be  and  hereby  are  allowed  and  impowered  l^^uuluiiau' 
to  set  up  and  carry  on  a  lottery  or  lotteries,  amounting  to  such  a  sum,   lottery, 
as,  by  drawing  ten  per  cent  out  of  each  prize,  or  out  of  the  whole,  may 
raise  a  sum  of  two  thousand  pounds,  and  no  more  ;  and  that  the  said 
sum  be  applied  by  them,  or  the  major  part  of  them,  to  the  rebuilding 
the  said  Faneuil  Hall  and  tlie  market  under  the  same :  saving  so  much 
of  said  sum  as  shall  be  sufficient  to  defrey  the  necessary  charges  of  the 
lottery  or  lotteries  aforesaid. 

[Sect.  2.]  And  the  said  Samuel  Sewall,  Samuel  Phillips  Savage 
and  Ezekiel  Lewis,  or  any  two  of  them,  are  hereby  appointed  managers 
and  directors  of  the  said  lottery  or  lotteries,  and  shall  be  sworn  to  the 
faithful  discharge  of  their  trust ;  and  they  are  hereby  impowered  to 
make  all  necessary  rules,  and  use  all  necessary  methods,  to  manage 


426 


Pkovince  L^ws.— 1760-61.  [Chap.  26.] 


Proviso. 


Town  empow- 
ered to  take 
tickets. 


Allowance  to 
the  managers. 


Benefit-tlckelB 
not  claimed  in 
a  year,  to  be 
added  to  the 
stock. 


Penalty  for 
forging  tickets. 


Surplusage, 
how  to  be 
applied. 


and  direct  the  same,  until  the  whole  shall  be  compleated  and  finished  ; 
and  the  managers,  or  anj'  two  of  them,  shall  cause  publick  notifica- 
tions to  be  given  of  the  time  and  place  of  drawing  each  lotteiy  or 
lotteries,  that  all  adventurers  ma}-  be  present  thereat :  provided,  never- 
theless, no  lotter}'  shall  be  set  up  in  consequence  of  this  act  'till  after 
eighteen  months  are  expired  from  the  first  day  of  May  next. 

And  be  it  further  enacted, 

[Sect.  3.]  That,  if  the  whole  number  of  tickets  in  any  lotteiy  shall 
not  be  sold  in  six  months  after  the  publication  of  the  scheme,  it  shall 
be  lawful  for  the  town  of  Boston,  by  vote,  to  take  the  tickets  remain- 
ing unsold,  to  their  own  account :  provided  they  raise,  by  tax,  a  sum  of 
mone}'  sufficient  to  pay  for  the  said  tickets  remaining  unsold,  as  afore- 
said, in  two  months  from  such  vote ;  and  if  the  said  town  shall  vote 
not.  to  purchase  the  said  remaining  tickets,  or  the  said  sum  is  not 
raised,  and  the  tickets  cannot  otherwise  be  sold,  the  said  managers 
shall  return  to  the  adventurers  the  money  paid  for  the  tickets,  and  the 
charges  arisen  shall  be  borne  by  the  said  town  of  Boston. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  managers  aforesaid  shall  be  allowed  the  sum 
of  six  shillings  per  da}',  and  no  more,  for  each  day  they  are  emplo^'cd 
in  the  service  aforesaid ;  and  the}'  are  hereby  directed  to  present  the 
account  of  such  their  charges  before  the  said  town,  at  some  publick 
meeting,  and  the  same,  being  by  them  allowed,  to  be  paid  out  of  the 
money  to  be  raised  by  this  act. 

[Sect.  5.]  And  the  said  managers  are  hereby  appointed  judges  in 
any  dispute  touching  the  property  of  any  benefit-tickets  ;  and  the  said 
managers  shall  give  publick  notice,  as  soon  as  may  be,  of  the  prizes, 
and  shall  pay  oflf  such  prizes  in  twenty  days  after  such  notice. 

Provided,  nevertheless, — 

[Sect.  6.]  No  benefit-tickets  not  claimed  in  twelve  months  after  the 
drawing  of  any  lottery,  and  publick  notice  of  the  prizes  drawn  being 
given,  shall  be  thereafter  paid,  unless  the  owner  of  such  ticket  was 
beyond  sea  at  the  time  of  such  notice,  and  had  no  lawful  attorney  in 
this  province :  such  owners  shall  be  allowed  eighteen  months  after 
drawing,  to  claim  in  ;  and  all  the  prizes  finally  not  claimed  as  afore- 
said, shall  sink  into  the  said  stock,  and  be  applied  to  the  same  pur- 
poses as  the  surplusage  is,  hereinafter  appropriated. 

[Sect.  7.]  And  if  any  person  shall  forge  or  alter  any  of  the  tickets 
in  any  lottery  to  be  raised  and  formed  by  virtue  of  this  act,  and  be 
thereof  comdcted,  they  shall  be  punished  by  fine,  imprisonment,  or  by 
setting  in  the  pillory,  or  whipping,  according  to  the  aggravation  of  the 
said  offence. 

And  be  it  further  enacted, 

[Sect.  8.]  That  if  the  sum  raised  by  this  act  shall  be  more  than 
sufficient  to  rebuild  the  said  Faneuil  Hall,  and  the  market  under  the 
same,  and  pay  the  charges  aforesaid,  the  said  surplusage  shall  be 
applied  for  further  keeping  the  said  building  in  repair.  \_Passed  April 
18  ;  published  April  21,  1761. 


[4th  Sess.]  Province  Laws. — 1760-61. 


427 


CHAPTER  27. 


AN   ACT   TO 


SUPPLY    THE    TREASURY    WITH    THE    SUM    OF    FORTY 
THOUSAND  AND  FIVE   HUNDRED  POUNDS. 


Whereas  the  great  and  general  court,  at  their  present  session,  have  Preamble, 
voted  that  there  be  raised,  within  this  government,  three  thousand  men, 
to  be  put  under  the  command  of  General  Amherst,  to  supply  such  part 
of  the  regular  forces,  in  North  America,  as  shall  be  drawn  out  of  the 
several  forts  and  garrisons  to  be  employed  in  some  important  enter- 
prize  ;  and  whereas  the  additional  provision  made  by  this  court,  at 
their  last  session,  to  defrey  the  cliarges  incurred  by  the  expedition  in 
the  3'ear  one  thousand  seven  hundred  and  sixt}-,  is  insufficient  to  pay 
off  the  officers  and  soldiers  employed  in  said  service  ;  therefore, — 
Be  it  enacted  by  the  Governor,  Council  and  House  of  Representatives, 
That  the  treasurer  be  and  he  hereb}'  is  directed  and  impowered  to  pay  Treasurer  to 
the  sum  of  forty  thousand  and  five  hundred  pounds,  out  of  the  pubhck  ^aft^oV thf '^°'^' 
treasury,  being  part  of  the  parliamentary-  grant  received  b}-  his  majesty's  parUamentary 
ship  the  Fowe}-,  to  recompence  this  province  for  their  services  in  the  ^^^^ 
3'ear  one  thousand  seven  hundred  and  fift3'-eight ;  the  monies  to  be  drawn 
for  by  warrant  from  the  governor,  with  advice  of  his  majesty's  council, 
agreeable  to  the  following  appropriations  ;  that  is  to  sa}-,  the  sum  of 
twelve  thousand  pounds,  part  of  the  sum  of  forty  thousand  and  five 
hundred  pounds,  to  be  drawn  upon  the  appropriation  for  the  invasion 
in  the  j-ear  one  thousand  seven  hundred  and  sixt}',  to  pa}-  off  the  offi- 
cers and  soldiers,  sick  and  wounded  ;  the  sum  of  two  thousand  pounds, 
part  of  the  aforesaid  sum  of  forty  thousand  and  five  hundred  pounds, 
to  be  drawn  upon  the  appropriation  for  carrying  on  the  truck  trade 
with  the  Indians,  according  to  the  votes  that  have  been,  or  shall  here- 
after be,  passed  by  this  court ;  the  sum  of  seven  hundred  pounds,  part 
of  the  aforesaid  sum  of  forty  thousand  and  five  hundred  pounds,  to  be 
drawn  upon  the  appropriation  for  the  payment  of  the  allowance  to  the 
officers,  for  inlisting  of  men,  and  to  the  colonels  of  the  militia,  and  to 
such  other  persons  as  ma}-  be  employed  by  the  governor,  in  paying  the 
bounty ;  and  the  sum  of  twenty-five  thousand  and  eight  hundred 
pounds,  the  remaining  part  of  the  aforesaid  sum  of  forty  thousand  and 
five  hundred  pounds,  to  be  drawn  upon  the  appropriation  for  bounty 
for  three  thousand  men :  and  the  secretary  to  whom  it  belongs  to 
keep  the  muster-rolls  and  accounts  of  charge,  shall  lay  before  the  house 
of  representatives,  when  they  direct,  such  muster-rolls  and  accounts 
after  payment  thereof.     [_Passed  April  18  ;  published  April  21, 1761. 


CHAPTER  28. 


AN  ACT  IN  ADDITION  TO  AN  ACT  MADE  AND  PASSED  THIS  PRESENT 
YEAR,  INTITULED  "  AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  ON 
THE  MEADOWS  AND  BEACHES  LYING  IN  AND  ADJOINING  TO  THE 
NORTH  SIDE  OF  THE  TOWN  OF  HARWICH,  BETWEEN  SKEKET  HAR- 
BOUR, ON  THE  EAST,  AND  QUIVET  HARBOUR,  ON  THE  WEST." 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect,  l.j     That   the   town   of  Eastham,  in  conjunction  with  the  Easthamand 
proprietors  of  the  meadows  and  sedgeground  lying  to  the  eastward  of   ^rertedto  keep 


428 


Province  Laws.— 1760-61.  [Chap.  29.] 


up  fence  or 
■watch. 

1760-Cl,  chap. 
19. 


Prov'so. 


Continuance. 


the  westernmost  point  of  rocks  in  said  Harwich,  shall  make  and  keep 
up  a  two-rail  fence,  during  the  continuance  of  this  act,  on  or  near  the 
place,  as  usual,  on  tlie  east  side  of  Great  Skeliet  harbour  —  beginning 
at  the  land  lately  of  Nathanael  Freeman,  Esq.,  deceased,  and  thence, 
extending,  northerl}-,  on  the  flatts  or  sedgeground,  near  half  a  mile, 
—  or  keep  a  watch,  as  the  proprietors  of  each  town  shall  agree. 

Provided, — 

[Sect.  2.]  That  if,  at  any  time,  any  neat  cattle,  horses,  sheep  or 
swine,  shall  be  found  on  an}'  of  the  said  meadows  or  beaches  within  the 
town  of  Harwich,  which  went  through  that  part  of  the  fence  alotted  to 
the  town  of  Harwich  to  erect  and  maintain,  or  at  the  time  when  the 
said  town  of  Harwich  should  keep  a  watch,  that  in  such  case  it  shall 
not  be  lawful  to  impound  any  of  the  creatures  belonging  to  the  said 
town  of  Eastham. 

[Sect.  3.]  This  act  to  continue  and  be  in  force  for  the  space  of 
three  years  from  the  first  day  of  May,  this  present  year,  and  no  longer. 
[^Passed  April  18  ;  published  April  21,  1761. 


CHAPTER    29. 

AN  ACT  IN  ADDITION  TO,  AND  FOR  AMENDING  SOME  CLAUSES  IN,  AN 
ACT  MADE  AND  FASSED  IN  THE  LAST  SESSION  OF  THIS  COURT,  IN- 
TITULED "  AN  ACT  FOR  REPEALING  THE  SEVERAL  LAWS  IN  FORCE, 
WHICH  RELATE  TO  THE  OBSERVATION  OF  THE  LORD'S  DAY,  AND 
FOR  MAKING  MORE  EFFECTUAL  PROVISION  FOR  THE  OBSERVATION 
THEREOF." 


Preamble. 
1760-61,  chap. 
20,  §  13. 
13  Mass.  333. 


Wardens 
empowered. 


Penalty  on 
offenders. 


Whereas,  in  and  by  the  said  act,  the  wardens  thereby  directed  to 
be  chosen  are  authorized  and  impowered,  within  their  respective  towns 
and  districts,  to  examine  all  persons  they  shall  suspect  as  unnecessarily 
travelling  on  the  Lord's  Da}',  and  to  demand  of  all  such  persons  the 
cause  thereof,  together  with  their  names  and  places  of  abode  ;  but  no 
power  is,  in  said  act,  specially  given  to  those  wardens  to  stop  such  trav- 
elling persons,  in  order  for  such  examination  ;  whereby  the  good  intent 
of  that  act  may  be  casilj'  evaded,  and  such  examination  rendered  im- 
practicable :  wlierefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  it  shall  be  in,  the  power  of  each  and  eveiy  warden 
and  wardens  that  have  already  been  chosen,  or  that  may  hereafter  be 
chosen,  in  consequence  of  said  act,  either  by  himself,  or  with  such 
assistance  as  he  shall  judge  needful  to  take  or  call  to  his  aid,  forceably 
to  stop,  and  detain,  any  person  or  persons  he  shall  suspect  of  unneces- 
saril}'  travelling  as  aforesaid,  for  and  during  such  space  of  time  as  shall 
be  necessary  for  demanding  the  cause  or  reason  of  such  person's  trav- 
eUing,  his  name,  and  place  of  abode,  and  receiving  the  answers  to  such 
demands  ;  and  every  person  examined  by  any  warden  or  wardens,  in 
consequence  of  this  or  the  foregoing  act,  that  shall  refuse  or  neglect  to 
give  direct  answers,  shall,  on  conviction  of  such  his  refusal  or  neglect, 
forfeit  and  pa}'  the  sum  of  five  pounds,  and  may  be  prosecuted  and 
tr[y][/]ed  in  the  same  manner  as  is  already  provided  in  said  act  for 
giving  a  false  answer.  And  every  person  who  shall  be  required  to 
assist  and  give  aid  to  any  warden,  that  shall  refuse  or  neglect  so  to  do, 
shall,  for  every  such  offence,  forfeit  and  pay  the  sum  of  forty  shillings : 
unless  such  person  or  persons  so  refusing  or  neglecting  shall  make 


[4th  Sess.]  Pkovls^ce  Laws. — 1760-61. 


429 


reasonable  excuses,  to  the  acceptance  of  the  court  or  justice  before 
whom  they  shall  be  tried. 

And  be  it  further  enacted, 

[Sect.  2.]  That  all  offences  against  this  or  the  before-mentioned 
act,  ma}'  be  heard  and  determined  before  an}'  of  his  majesty's  justices 
of  the  peace,  in  their  respective  counties,  where  the  fine  does  not  exceed 
the  sum  of  forty  shillings. 

[Sect.  3.]  All  fines  and  forfeitures  arising  by  this  or  by  the  before- 
mentioned  act,  and  not  therein  otherwise  disposed  of,  shall  be  ap- 
pl[y][t]ed  towards  the  support  of  the  poor  in  the  town  or  district 
where  the  oflfence  shall  be  committed.  [^Passed  April  18  ;  published 
April  21,  1761. 


Justices  to  try, 
in  certain  cases. 


Disposal  of 
fines. 


CHAPTEE  30. 

AN  ACT  IN  ADDITION  TO  AN  ACT  MADE  AND  PASSED  IN  THE  LAST 
SESSION  OF  THIS  COURT,  INTIT[f7]LED  "AN  ACT  FOR  ENQUIRING 
INTO  THE  RATEABLE  ESTATES  OF  THIS  PROVINCE." 


Whereas,  in  and  by  the  said  act,  the  time  set  for  giving  in  to  the 
assessors  an  account  of  the  rateable  estates,  improvements,  and  rents, 
any  person  is  possessed  of,  as  in  and  by  said  act  is  provided,  is  the  first 
day  of  June  next,  and  no  person  can,  by  said  act,  be  doomed  by  the 
assessors,  who  shall  neglect  or  refuse  to  give  in  such  account  until  that 
date  is  expired,  which  may  introduce  great  difficulty,  and  unnecessary 
loss  of  time,  in  compleating  this  aff"air ;  for  remedy  of  which, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  time  for  giving  in  to  the  assessors  such  an 
account  of  the  rateable  estates,  improvements,  and  rents,  as  in  the 
aforesaid  act  is  provided,  shall  be  and  hereby  is  limited  to  the  twenti- 
eth day  of  May  next ;  and  ever}'  person  required,  by  said  act,  to  give  in 
such  account,  that  shall  refuse  or  neglect  to  do  it  at  or  before  the  said 
twentieth  day  of  May,  may  be  immediately  doomed  by  the  assessors, 
and  shall,  also,  be  liable  to  the  same  fines  and  forfeitures,  for  such  re- 
fusal or  neglect,  as  is  provided,  by  the  said  act,  for  not  giving  in  such 
account  by  the  first  day  of  June  ;  any  thing  in  said  act  to  the  contrary 
notwithstanding. 

And  whereas  it  is  provided,  by  said  act,  that  all  persons  shall  give  in 
to  the  assessors  an  account  of  the  rents  of  such  their  estates  as  are  not 
under  their  actual  improvement,  and  are  rented  out,  but  no  column  is 
provided,  in  the  printed  lists  referred  to  in  said  act,  for  entering  such 
rents, — 

Be  it  therefore  further  enacted, 

[Sect.  2.]  That  it  shall  be  in  the  power  of  the  assessors,  in  the 
respective  towns  within  this  province,  who  are,  by  law,  to  take  the 
account  of  such  rents,  and  they  are  hereby  directed,  to  add  to  the  said 
printed  lists  a  column  wherein  to  enter  such  rents,  before  the  oath  is 
administred  to  any  person  giving  in  their  account  as  abovosaid. 

And  ivhereas  there  may  be  persons  in  one  town  or  county,  owning 
and  improving  real  or  personal  estate  in  another  town  or  county,  for 
whom  it  will  be  very  inconvenient  to  exhibit  their  lists  of  such  estate 
to  the  assessors  of  the  town  or  district  wherein  such  estate  lies, — 

Be  it  enacted, 

[Sect.  3.]  That  the  persons  aforesaid  shall  not  be  obliged  to 
appear  before  such  assessors,  but  shall  be  and  hereby  are  allowed  to 


Preamble. 
1760-61,  chap. 
24. 


Time  for  giving 
in  to  the  assets, 
ors  an  account 
of  ratable 
estates,  &c., 
limited  to  the 
twentieth  ilay 
of  May  next. 


Preamble. 


Colnmn  to  be 
added  to  the 
printed  lists. 


Preamble. 


Persons  not 
obliged  to 
appear  before 


430 


Peovince  Laws.— 1760-61. 


[Chap.  31.] 


assessora, 
provided. 


Pream'ble. 


Doubt  resolved. 


transmit  their  lists  to  said  assessors  :  provided  that  such  lists  shall  be 
sworn  to  before  some  jnstiee  of  the  peace,  and  shall  be  delivered  to 
such  assessors  on  or  before  the  aforesaid  twentieth  day  of  May  next. 

And  whereas  it  is  further  provided,  in  said  act,  that  each  person's 
whole  stock  in  trade  shall  be  given  in  to  the  assessors,  and  some  doubt 
hath  arisen  whether  book-debts,  and  money  not  at  interest,  is  intended 
thereb}^ ;  for  the  resolving  of  which  doubt, — 

Be  it  enacted^ 

[Sect.  4.]  That  book-debts,  and  money  not  at  interest,  are  not  in- 
tended by  the  words  "  trading  stock,"  in  said  act.  [^Passed  April  18  ; 
published  April  21,  1761. 


CHAPTEE    31. 


Preamble. 


Hunting  with 
Jogs,  in  Plym- 
outh and 
Bandwicb, 
prohibited. 


Penalty. 


Continuance 
of  the  ACU 


AN  ACT  TO  PREVENT  THE  DESTRUCTION  OF  SHEEP,  BY  HUNTING  WITH 
UNRULY  DOGS,  IN  THE  TOWNS  OF  PLYMOUTH  AND  SANDWICH. 

Whereas  great  numbers  of  sheep  and  lambs  have,  of  late  j'ears,  been 
worried,  wounded  and  destroyed  in  the  towns  of  Plymouth  and  Sand- 
wich, in  the  counties  of  Plymouth  and  Barnstable,  to  the  great  loss 
and  damage  of  the  owners,  supposed  to  be  occasioned  principally  by 
hunting,  there  practiced,  with  blood-hounds,  and  other  mischievous 
dogs,  at  that  season  of  the  3-ear  wherein  sheep  do  usually  feed  in  the 
woods  ;  and  whereas  application  has  been  made  to  this  court  for  rem- 
edy against  the  aforesaid  mischiefs  and  inconveniencies, — 

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

[Sect.  1.]  That,  from  and  after  the  first  day  of  May  next,  during 
the  continuance  of  this  act,  no  person,  whosoever,  may  presume  to  use 
or  exercise  hunting  with  any  dog  or  dogs,  hound  or  hounds,  within  the 
limits  of  the  said  towns  of  Plymouth  and  Sandwich,  at  an}'  time  of  the 
3'ear ;  and  each  and  every  person  who  shall  be  convicted  of  an^-  viola- 
tion of  this  act,  before  any  justice  of  the  peace  in  the  same  counties, 
shall,  for  the  first  oflence,  forfeit  and  pay  the  sum  of  twenty  shillings, 
and  for  the  second,  and  eveiy  after,  offence,  the  sum  of  forty  shillings, 

—  one  moiet}'  thereof  to  be  to  the  informer,  and  the  other  moiety  to 
the  use  of  the  poor  of  the  town  where  such  oflfence  shall  be  committed, 

—  and  shall  be  further  liable  to  pay  reasonable  damages  to  the  person 
or  persons  whose  sheep  or  lambs  ma}'  bo  torn  or  destro3''ed  thereby. 

[Sect.  2.]  And  in  case  such  offence  be  committed  b}'  any  appren- 
tice, or  person  under  age,  not  having  of  their  own  to  satisf}'  the  law, 
and  their  parents  or  masters  refuse  or  neglect  to  pay  the  fine  imposed, 
the  justice  before  whom  the  conviction  shall  be,  may  commit  such  offend- 
er to  the  common  goal,  of  the  county  where  the  offence  was  committed 
and  the  cause  was  heard  and  tried,  there  to  remain  until  the  same  shall 
be  paid  ;  and  the  party  injured  shall  have  his  remedy,  at  law,  to  recover 
his  damages  of  the  parent  or  master  of  such  child  or  apprentice,  upon 
action  brought  for  the  same. 

[Sect.  3.]  Tliis  act  to  continue  and  be  in  force  from  the  first  day 
of  May  next,  to  the  first  day  of  Ma}',  anno  Domini  one  thousand  seven 
hundred  and  sixty-two,  and  from  thence  to  the  end  of  the  then  next 
session  of  the  general  court,  and  no  longer.  [^Passed  and  published 
April  21,  1761. 


[4th  Sbss.]  Pkovinoe  Laws. — 1760-61. 


431 


CHAPTER   32. 


AN  ACT  IN  ADDITION  TO  AN  ACT  MADE  AND  PASSED  IN  THE  THIRTY- 
THIRD  YEAR  OF  THE  REIGN  OF  HIS  MAJESTY  KING  GEORGE  THE 
SECOND,  INTITULED  "  AN  ACT  FOR  THE  BETTER  REGULATING  THAT 
PART  OF  THE  TO^VN  OF  BOSTON  WHICH  WAS  LAID  WASTE  BY  THE 
LATE  FIRE,  AND  FOR  PREVENTING  FIRE  IN  THAT  TOWN  FOR  THE 
FUTURE." 


Whereas  in  and  bj'  an  act  intituled  "An  Act  for  the  better  rebuild-   Preamble, 
ing  tliat  part  of  the  town  of  Boston  which  was  laid  waste  by  the  late  |^^^-^i'  "bap.  9, 
fire,  and  for  preventing  fire  in  that  town  for  the  future,"  it  is,  among  iso  Mass.  321. 
other  things,  enacted  that  the  proceedings  of  the  committee,  appointed 
by  this  court,  for  the  regulating  the  streets  in  that  part  of  the  town 
which  was  so  laid  waste,  should  be  confirmed  ;  but  inasmuch  as  it  is 
judged  more  convenient,  and  less  expensive  to  the  town  of  Boston, 
that  Leverett's  Street  and  Purchase  Street  should  be  alter'd  and  laid 
out  in  manner  as  hereafter  is  described, — 

Be  it  therefore  enacted  by  his  Excellency  the  Governor^  Council  and 
House  of  Representatives, 

[Sect.  1.]  That  the  street  that  has  been  determined  to  be  laid  Leverett  street, 
out  between  Water  Street  and  Milk  Street,  in  the  dii'ection  of  Leverett 
Street,  shall  begin  on  the  west  side,  at  a  point,  on  the  southerly  side  of 
Water  Street,  ranging  with  the  northerl3-  end  of  Capt.  James  Dalton's 
house,  at  the  distance  of  fifty-two  feet  from  the  north-east  corner  of  said 
house,  toward  the  east,  and,  from  said  point,  to  run  to  Milk  Street,  on  a 
strait  line,  so  as  that  said  line,  being  continued  across  Milk  Street,  shall 
strike  the  north-east  corner  of  Mr.  Wheelwright's  brick  house,  now  in 
the  occupation  of  Benjamin  Fancuil,  junr.  ;  which  last-mentioned  house 
is  bounded  northerl}',  on  Milk  Street,  and  easterl}',  on  Atkinson  Street : 
the  east  side  of  said  new  street  to  be  parallel  with  the  line  before 
described,  and  to  be,  in  all  parts,  thirty-five  feet  distant  therefrom. 
And  as  to  Purchase  Street;  viz.,  the  northerlj'  end  thereof,  which  Purchase  street, 
opens  into  Batterymarch  Street,  it  shall  run  as  follows;  viz.,  the 
westerly  side  of  said  Purchase  Street  to  begin  on  the  southerly  side 
of  Batterymarch  Street,  at  a  point  seventy  feet  and  three  inches  dis- 
tant from  the  north-easterly  corner  of  the  distill-house  of  Jacob  Wen- 
dell, Esq.,  towards  the  east,  and,  from  said  point,  to  run  southerly,  on 
a  strait  line,  to  the  north-easterly'  corner  of  Alexander  Hunt's  dwelling- 
house  ;  which  is  as  far  as  the  late  great  fire  extended  in  that  quarter  : 
and  the  easterly  side  of  said  Purchase  Street  to  be  parallel  with  the 
westerly  side,  at  thirty  feet  distance  :  any  thing  in  the  aforesaid  act, 
made  in  the  thirty-third  year  of  his  late  majesty,  to  the  contrary  not- 
withstanding. And  the  damages  and  advantages  that  may  accrue  to 
an}^  person  or  persons,  by  laying  said  streets  as  aforesaid,  shall  be  esti- 
mated by  the  jury  impannalled,  for  that  purpose,  agreeable  to  the  direc- 
tions of  the  act  last  mentioned. 

And  whereas  some  of  the  jury  lately  summoned  for  the  purposes  in  Preamble, 
said  act  mentioned,  may  be  unavoidably  absent,  and  it  may  be  doubted 
whether  the  commissioners  named  in  said  act  are,  by  virture  of  that  act, 
authorized  to  fill  up  the  said  jurj^ ;  now,  to  remedy  that  inconvenience, 
and  prevent  any  further  delay, — 

Be  it  further  enacted, 

[Sect.  2.]     That  when  and  so  often  as  a  jury  shall  be  summoned  Commissioners 
by  Samuel  Danforth,  Samuel  Watts   and   Joseph  Williams,   Esqrs.,   ^~ "        " 
the  commissioners  aforementioned,  for  the  purposes  in  said  act  men- 
tioned, and  one  or  more  of  the  said  jury  shall  be  detained  by  sickness, 


to  fill  up  tlie 
jury. 


432 


Province  Laws.— 1760-61.         [Chap.  33.] 


or  otherwise  unavoidably  hindered  attending  upon  the  business  for 
which  they  were  summoned,  it  shall  be  lawful  for  the  said  commission- 
ers, or  an}^  two  of  them,  to  fill  up  and  compleat  the  said  jury  with 
other  persons,  not  being  inhabitants  of  the  town  of  Boston.  [Passed 
April  21,  1761. 


CHAPTER  33. 

AN  ACT  FOR  DIVIDING  THE  COUNTY  OF  HAMPSHIRE,  AND  FOR  ERECT- 
ING AND  ESTABLISHING  A  NEW  COUNTY  IN  THE  WESTERLY  PART 
OF  THE  COUNTY  OF  HAMPSHIRE,  TO  BE  CALLED  THE  COUNTY  OF 
BERKSHIRE,  AND  FOR  ESTABLISHING  COURTS  OF  JUSTICE  WITHIN 
THE  SAME. 


Preamble. 
9  Gray,  512. 


Lands  com- 
prised  in  the 
county  of 
Berkshire. 


Inferior  courts, 
&c.,  where  and 
Trhen  to  be  held. 


Whereas  the  great  extent  of  the  county  of  Hampshire  makes  it  con- 
venient, and  necessarv,  that  there  should  be  a  new  county  erected  and 
established  in  the  westerly'  part  thereof, — 

Be  it  therefore  enacted  by  the  Governo[_n2r,  Council  and  House  of 
Representatives^ 

[Sect.  1.]  That  the  towns  and  plantations  hereinafter  mentioned  ; 
that  is  to  saj',  Sheffield,  Stockbridge,  Egremont,  New  Marlborough, 
Poontoosuck,  New  Framingham,  West  Hoosuck,  Number  One,  Number 
Three,  and  Number  Four,  and  all  other  lauds  included  in  the  following 
limits;  viz'^'^. ,  beginning  at  the  western  line  of  Granvill,  where  it 
touches  Connecticut  line,  to  run,  northerly,  as  far  as  said  west  line  of 
Granvill  runs  ;  thence,  easterly,  to  the  south-west  corner  of  Blan[(i]ford, 
and  to  run,  by  the  west  line  of  the  same  town,  to  the  north-west  corner 
thereof;  from  thence,  northerly,  in  a  direct  line,  to  the  south-east  corner 
of  Number  Four,  and  so  run[H]ing  b}'  the  easterly  line  of  said  Number 
Four,  to  the  north-east  corner  thereof;  and  thence,  in  a  direct  course,  to 
the  south-west  corner  of  Charlemont ;  and  so,  northerl}',  in  the  course  of 
the  west  line  of  the  same  town,  'till  it  comes  to  the  north  bound  of  the 
province  ;  and  northerl}',  on  the  line  between  this  province  and  the  prov- 
ince of  New  Hampshire,  southerh",  on  Connecticut  line,  and  on  the  west, 
b}'  the  utmost  limits  of  this  province,  —  sliall,  from  and  after  the  thirtieth 
day  of  June,  one  thousand  seven  hundred  and  sixt3'-one,  be  and  remain 
one  intire  and  distinct  count}-,  b}^  the  name  of  Berkshire,  of  which  Shef- 
field for  the  present  to  be  the  county  or  shire  town  ;  and  the  said 
count}'  to  have,  use,  and  enjoy,  all  such  powers,  priviledges  and  immu- 
nities as,  by  law,  other  counties  in  this  province  have  and  do  enjo}^ 

And  be  it  farther  enacted^ 

[Sect.  2.]  That  there  shall  be  held  and  kept  within  the  said  county 
of  Berkshire,  j-earh^  and  in  every  3'ear,  at  the  times  and  places  in  this 
act  hereafter  expressed,  a  court  of  general  sessions  of  the  peace,  and 
an  inferiour  court  of  common  pleas  ;  vizi^'^,  at  the  north  parish  in  Shef- 
field, on  the  last  Tuesday  of  April,  and  first  Tuesday'  of  September, 
and  at  Poontoosuck,  on  the  first  Tuesday  of  December,  and  the  first 
Tuesday  of  March,  yearly,  and  in  every  year,  until  this  court  shall  other- 
wise order.  And  the  justices  of  the  said  court  of  general  sessions  of 
the  peace,  and  inferiour  court  of  common  pleas,  respectively,  who  are 
or  shall  be  thereunto  lawfully  commissioned  and  appointed,  shall  have, 
hold,  use,  exercise,  and  enjo}',  all  and  singular,  the  powers  which  are,  b}^ 
law,  already  given  and  granted  unto  them  within  an}-  other  counties  of 
the  province  where  a  court  of  general  sessions  of  the  peace,  and  inferiour 
court  of  common  pleas,  are  already  estabUshed  ;  and  the  inhabitants  of 
said  county  of  Berkshire  shall  have,  use,  exercise,  and  enjoy,  all  such 


[4th  Sess.] 


Pkovince  Laws.— 1760-61. 


483 


powers,  priviledges  and  immunities  as,  by  law,  the  inhabitants  of  anj' 
other  count}^  within  this  province  have,  use,  exercise  and  enjoy. 

Saving,  only, — 

[Sect.  3.]  That  all  appeals  from  any  judgment  or  judgments  given 
at  any  court  of  general  sessions  of  the  peace,  and  at  an}'  inferiour 
court  of  common  pleas,  within  the  said  count}'  of  Berkshire,  shall  be 
heard  and  tried  at  the  superiour  court  of  judicature,  to  be  held  yearly 
in  the  county  of  Hampshire. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  superiour  court  of  judicature,  court  of  assize 
and  general  goal  deliver}',  to  be  held  in  and  for  the  county  of  Hamp- 
shire, shall  have,  from  time  to  time,  and  at  all  times  hereafter,  until  the 
further  order  of  this  court,  the  same  jurisdiction,  power  and  authority 
for  the  trial  of  all  actions,  civil  or  criminal,  the  cause  whereof  has  arisen, 
or  shall  arise,  within  the  body  of  the  county  of  Berkshire,  as  also  to 
hear  and  determine  all  other  matters  and  things  arisen,  or  which  shall 
arise,  within  the  body  of  the  said  county  of  Berkshire,  as  the  said  supe- 
riour court,  by  law,  would  have  if  the  cause  of  such  actions,  and  such 
matters  and  things,  had  arisen  within  the  body  of  the  county  of  Hamp- 
shire. 

And  be  it  farther  enacted, 

[Sect.  5.]  That  the  grand  jurors,  and  petit  jurors,  serving  at  the 
superiour  court  of  judicature,  court  of  assize  and  general  goal  delivery, 
to  be  holden  within  and  for  the  county  of  Hampshire,  shall,  from  time 
to  time,  be  chosen  and  summoned,  in  such  manner  as  the  law  directs  for 
the  choice  and  summons  of  grand  and  petit  jurors,  out  of  the  several 
towns  within  the  said  counties  of  Hampshire  and  Berkshii'e. 

Provided, — 

[Sect.  6.]  That  all  writs,  suits,  plaints,  processes,  appeals,  reviews, 
recognizances  or  any  other  matters  and  things  which  now  are,  or  at 
any  time  before  the  said  thirtieth  day  of  June  shall  be,  depending  in 
the  law,  within  any  part  of  the  said  county  of  Berkshire,  and  also  all 
matters  and  things  which  now  are,  or  at  any  time  before  said  thirtieth 
day  of  June  shall  be,  depending  before  the  judge  of  probate  within  any 
part  of  the  said  county  of  Bcj'kshire,  shall  be  heard,  tried,  proceeded 
upon  and  determined  upon  in  the  county  of  Hampshire,  where  the  same 
are  or  shall  be  returnable,  or  depending,  or  shall  have  day,  or  days. 

Provided,  also, — 

[Sect.  7.]  That  nothing  in  this  act  contained  shall  be  construed 
to  disannul,  defeat,  or  make  A'oid,  any  deeds  or  conveyances  of  lands 
lying  in  the  said  county  of  Berkshire,  where  the  same  are,  or  shall  be, 
before  the  said  thirtieth  day  of  June,  recorded  in  the  register's  office 
for  the  county  of  Hampshire,  but  that  all  such  deeds  or  conveyances, 
so  recorded,  shall  be  held  good  and  valid  as  they  would  have  been  had 
not  this  act  been  made. 

And  be  it  further  enacted, 

[Sect.  8.]  That  the  justices  of  the  court  of  general  sessions  of  the 
peace,  at  their  first  meeting  in  the  said  county  of  Berkshire,  shall  have 
full  power  and  authority  to  appoint  some  meet  person,  within  the  said 
county  of  Berkshire,  to  be  register  of  deeds  and  conveyances  vv'ithin 
the  same,  who  shall  be  sworn  to  the  faithful  discharge  of  his  trust  in 
the  said  office,  and. shall  continue  to  hold  and  exercise  the  same, 
according  to  the  directions  of  the  law,  until  some  person  be  elected  by 
the  freeholders  of  the  said  county  of  Berkshire,  who  are  hereby  impow- 
ered  to  chuse  such  person,  at  their  first  March  meeting  within  their  re- 
spective towns  and  clistricts,  in  the  method  already,  by  law,  prcscrilied  ; 
which  person,  taking  upon  him  that  trust,  shall  be  sworn  to  the  faith- 
ful discharge  thereof.     And  the  office  of  register  of  deeds  shall  be  kept 


Saving. 


Superior  court 
to  be  held  in 
Hampsliire. 


Jurors,  wlienco 
to  be  taken. 


Proviso. 


Register  of 
deeds  to  be 
appointed. 


434 


Pkovince  Laws.— 1760-61.  [Chap.  34.] 


Rules  for  pro- 
ceedings as  in 
other  cases. 


Proviso. 


in  the  north  parish  of  Sheffield,  aforesaid  ;  and  until  such  register  shall 
be  apjDointed  by  the  said  justices,  and  sworn,  all  deeds  and  convej^ances 
of  lands  tying  within  any  part  of  said  county  of  Berkshire,  being  re- 
corded in  the  register's  office  in  the  county  of  Hampshire  aforesaid, 
shall  be  held  good  and  valid,  to  all  intents  and  purposes,  so  far  as  relates 
to  the  record  of  them. 

And  be  it  further  enacted, 

[Sect.  9.]  That  the  method  and  proceedings  directed  to  by  law  for 
chusing  a  register  of  deeds  and  convej'ances,  and  the  county  treasurer 
(which  last-mentioned  officer  shall  be  chosen  and  appointed,  in  manner 
as  the  law  direct [s] ,  at  the  next  March  meeting  of  the  freeholders  afore- 
said) ,  also  for  the  bringing  forward  and  trying  any  actions,  causes,  pleas 
or  suits,  both  civil  and  criminal,  in  the  several  counties  of  this  province, 
and  courts  of  judicature  within  the  same,  and  for  chusing  jurors  to  serve 
at  the  several  courts  of  justice,  shall  be  observed  and  put  in  practice, 
within  the  said  county  of  Berkshh-e,  and  by  the  courts  of  justice  within 
the  same. 

Provided,  always, — 

[Sect.  10.]  That  the  inhabitants  of  the  several  towns  and  places 
hereinbefore  enumerated  and  set  off  a  distinct  count}-,  shall  pay  their 
proportion  to  any  county  rates  or  taxes  already  made  and  granted,  in 
the  same  manner  as  they  would  have  done  had  not  this  act  been  made. 
l_Passed  and  published  April  21,  1761. 


CHAPTER    34. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  PONTOOSUCK, 
IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  TOWN  BY  THE  NAME  OF 
PITTSFIELD. 


Preamble. 


Bounds  of  the 
town. 


Town  meeting 
to  be  warned. 


Proviso. 


"Whereas  it  hath  been  represented  to  this  court  that  the  erecting  the 
plantation  called  Pontoosuck,  into  a  township,  will  greatly  contribute 
to  the  growth  thereof,  and  remedy  many  inconveniencies  to  which  the 
inhabitants  and  proprietors  may  be  otherwise  subjected, — 

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

[Sect.  1.]  That  the  plantation  aforesaid,  bouuded  as  follows ; 
viz"^'^.,  north,  on  New  Framingham,  so  called  ;  east,  partty  on  Ashuelot 
equivalent,  and  partly  on  unappropriated  lands  ;  south  and  west,  on  un- 
appropriated lands  ;  —  be  and  hereby  is  erected  into  a  town  by  the  name 
of  Pittsneld ;  and  that  the  inhabitants  thereof  be  and  hereby  are  in- 
vested with  all  the  powers,  priviledges  and  immunities  which  the  in- 
habitants of  the  towns  within  this  province  do  enjoy. 

Saving, — 

[Sect.  2.]  That  the  said  town  shall  not  have  liberty  to  send  a  rep- 
resentative to  the  general  court,  until  the  general  election  in  Ma}',  1763. 

And  be  it  further  enacted, 

[Sect.  3.]  That  William  Williams,  Esq'^''^.,  be  and  hereby  is  impow- 
ered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  in  said 
town,  to  notify  and  warn  the  inhabitants  in  said  town,  qualified  b}'  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  are  or  shall  be  required,  by  law, 
to  manage  the  affairs  of  said  town. 

Provided,  nevertheless, — 

[Sect.  4.]  That  no  inhabitant  of  said  town,,  or  proprietor  in  the 
same,  excepting  the  original  sixty  settling  proprietors,  or  those  who 


[4th  Sess.]  Peovince  Laws. — 1760-61. 


435 


hold  under  them,  shall  be  obliged  to  pay  an}'  part  or  proportion  of  the 
charge  towards  building  a  meeting-house,  settling  the  first  minister, 
and  the  other  charges  within  said  town,  which  the  said  original  propri- 
etors were  obliged  to  perform,  either  according  to  the  tenor  of  their 
grant,  or  to  an}^  agreements  already  made  b}'  or  among  themselves. 

And  be  it  further  enacted^ 

[Sect.  5.]  Tliat  all  assessments  of  i-ates  and  taxes  agreed  upon  by 
said  original  proprietors  shall  be  in  full  force,  and  may  be  levied  and 
collected,  in  like  manner  as  if  this  act  had  not  been  made.  \_Passed 
April  21 ;  published  April  22,  1761. 


Aseeesments  to 
be  in  full  force. 


CHAPTER    3  5. 

AN  ACT  FOR  PREVENTING  THE  STEALING  AND  CLANDESTINELY  CON- 
VEYING SHEEP  AWAY  FROM  THE  ISLAND  OF  MARTHA'S  VINEYARD 
IN  DUKES  COUNTY. 


Be  it  enacted  by  the  Governo[}\]r,  Council  and  House  of  Reirresen- 
tatives, 

[Sect.  1.]  That  in  every  town  on  the  island  of  Martha's  Vinej-ard, 
in  Dukes  County,  there  shall  be  some  meet  person,  some  time  in  May 
next,  chosen  to  inspect  all  such  sheep  as  shall  be  there  purchased  to  be 
transported  off  from  said  island,  which  person  shall  be  sworn  to  the 
faithful  discharge  of  said  office  ;  and  no  person  or  persons,  whatsoever, 
who  shall,  after  the  tenth  day  of  June  next,  purchase  any  sheep  on  the 
said  island  of  Martha's  VincA'ard  in  order  to  transport  them  from 
thence  to  aiw  other  place,  shall  pi'esume  to  carr^-  them  off  in  any  ves- 
sel or  boat,  whatsoever,  before  he  or  the}'  shall  have  presented  them  to, 
and  caused  tliem  to  be  viewed  by,  the  inspector  for  the  town  from 
whence  the}'  are  to  be  transported,  and  shall  have  shewn  to  such 
inspector  a  certificate,  under  the  hand  of  each  and  ever}^  person  of 
whom  the}-  shall  have  purchased  said  sheep,  declaring  the  number  and 
particular  mark  or  marks  of  all  sheep  by  them  sold  to  such  person  or 
persons  transporting  them  as  aforesaid. 

[Sect.  2.]  And  such  inspector  is  hereby  authorized  to  make  a  fair 
entry,  in  a  book  to  be  kept  for  that  purpose,  of  tlie  said  number  and 
marks  of  such  sheep,  with  the  Christian  and  sirname,  occupation  and 
dwelling-place,  as  well  of  the  person  or  persons  of  whom  the  same 
were  last  bought,  as  of  the  present  owners  or  shippers,  and  also  of  the 
master  of  the  vessel  or  boat  in  which  they  are  designed  to  be  trans- 
ported ;  and  shall  deliver  a  certificate,  under  his  hand,  of  such  entry 
by  him  made,  unto  the  shipper,  directed  to  the  master  of  such  vessel  or 
boat,  by  name  :  for  which  entry  and  certificate  the  said  inspector  shall 
demand  and  receive  of  the  purchaser  the  sum  of  one  shilling  for  every 
score  of  sheep  therein  mentioned,  and  so  in  proportion  for  a  greater  or 
less  number. 

And  be  it  further  enacted^ 

[Sect.  3.]  That  if  any  person  or  persons  shall,  after  the  publication 
of  this  act,  presume  to  ship  or  transport,  from  the  aforesaid  island,  any 
sheep  which  have  not  been  first  viewed  and  cut  [e]  red  as  aforesaid,  or 
if  the  master  or  commander  of  any  vessel  or  boat  shall  receive,  take, 
or  suffer  to  be  received  or  taken,  any  sheep,  on  board  the  vessel  or  boat 
under  his  command,  in  order  to  transport  them  from  off  said  island, 
without  such  certificate  as  aforesaid,  or  any  other  sheep  than  what 
agree  with  the  description  therein  given,  every  shipper  or  master  so 


Inspectors  of 
sheep  to  be 
chosen  In  Mar- 
tha's Vineyard. 


Inspector's 
dutv. 


Penalty  for 
taking  off  sheep 
without  inspec- 
tion. 


436 


Pkcvince  Laws.— 1760-61. 


[Notes.] 


Inspectors  to 
inform  of 
breaches  of 
this  act. 

Continuance. 


offending  shall  forfeit  and  pa}*,  for  each  and  every  sheep  by  him  so 
received  or  taken  on  board  his  said  vessel  or  boat,  the  sum  of  twenty 
shillings  ;  one  moiety  thereof  to  be  to  the  use  of  the  poor  of  the  town 
where  the  offence  is  committed,  and  the  other  moiet}'  to  him  or  them 
who  shall  inform  and  sue  for  the  same,  b}'  action,  bill,  plaint,  informa- 
tion, or  presentment  of  the  grand  jarors,  in  any  of  his  majesty's  courts, 
within  this  province,  before  whom  the  same  may  be  cognizable  ;  any 
law,  usage  or  custom  to  the  contrar}^  notwithstanding. 

[Sect.  4.]  And  the  inspector  in  each  town  on  the  aforesaid  island 
is  hereb}^  required  to  take  care  that  this  act  be  dul}'  observed,  and  to 
inform  of  all  transgressions  thereof. 

[Sect.  5.]  This  act  to  be  in  force  for  the  space  of  one  3'ear  from 
the  tenth  day  of  June  next,  and  no  longer.  \^Passecl  and  imhlislied 
April  21,  1761. 


Notes. — There  were  four  sessions  of  the  General  Court  this  year,  at  all  of  which 
acts  were  passed.  Of  the  engrossments  of  these  acts  the  following  chapters  are 
missing;  viz,,  1,  '.i,  4, 5,  8,  !>,  10,  il,  12, 13, 14, 15,  31  and  32:  all,  however,  were  printed; 
chapters  11  and  18  separately. 

Governor  Pownall  having  been  recalled,  the  government  devolved  on  Lieuten- 
ant-Governor Hutchinson  from  June  3,  to  August  2,  —  tlie  date  of  Governor  Ber- 
nard's arrival.  Tidings  of  a  demise  of  the  crown  reached  Boston,  December  27, 
during  the  third  session  of  tlie  Assembly.  Although  the  news  was  unofficially 
communicated,  it  was  followed,  on  tlie  oOtli,  by  proclamation  of  George  III.,  as  king, 
and  the  Legislature  continued  its  session  without  prorogation. 

Tlie  following  is  the  title  of  the  only  private  act  passed  this  year.  It  was  in- 
cluded with  the  printed  public  acts,  but  tliere  seems  no  reason  for  distinguishing  it 
from  other  private  acts  which  are  reserved  for  the  Apiiendix:  — 

"An  Act  to  enable  the  Executors  of  the  last  Will  and  Testament  of  Sir  William 
Pepperrell,  Baronet,  deceased,  and  the  other  Proprietors  of  certain  Tracts  of  Land 
in  the  Townships  of  Biddeford  and  Scarborough  to  sue  for  any  Trespasses  com- 
mitted upon  said  Tracts  of  Land  within  five  years  jireceeding  the  present  Session 
of  this  Court  in  the  present  County  of  York." — {Passed  April  18;  published  April  21, 
1761. 

The  acts  of  the  first  session  were  duly  certified  for  transmission,  July  4, 17G0,  and 
those  of  the  second  session,  August  30, 1700.  The  date  of  tlieir  delivery  to  the  clerk 
of  the  Privy  Council,  in  waiting,  does  not  appear;  but,  on  the  25th  of  November, 
they  were  referred  to  the  committee  on  plantation  affairs,  by  whom  they  were,  in 
turn,  referred  to  the  Board  of  Trade  two  days  later.  On  the  9th  of  December,  the 
Board,  considering  that  all  these  acts,  except  chapters  2,  4,  7,  9  and  13,  had  expired 
by  their  own  limitation,  ordered  these  five,  only,  to  be  referred  to  Sir  Matthew 
Lamb,  "for  his  opinion  thereupon  in  point  of  Law."  Sir  Matthew  Lamb  having 
reported.  May  19, 17GI,  that  he  had  no  objection,  &c.,  to  these  acts,  they  were  agaiii 
considered  by  the  Board,  on  the  22d,  and  "  ordered  to  lye  by  ]irobationary,  until 
the  further  effect  &  operation  of  them  sh^  be  known."  No  record  of  further  action 
on  these  chapters  has  been  discovered. 

The  acts  of  the  third  session  were  duly  certified  for  transmission,  February  28, 

1761,  and,  on  the  30th  of  May,  they  were  delivered  to  the  clerk  of  the  Privy  Council, 
in  waiting.  They  were  referred  to  the  committee  on  plantation  affairs,  June  25th, 
and,  four  days  later,  referred  to  the  Board  of  Trade,  to  examine  and  report,  &c. 
The  Board  of  Trade  referred  them  to  Sir  Matthew  Lamb,  "  for  his  opinion  thereupon 
in  point  of  Law,"  November  11,  1701.    Sir  Matthew  Lamb  reported,  January  22, 

1762,  that  he  had  no  objection,  &c.  This  report  was  received  by  the  Board,  on  the 
26th;  and,  on  the  second  of  February,  the  Board  ordered  that  such  of  these  acts  "  as 
are  not  expired  should  lye  by  probationary  untill  the  further  effect  and  operation 
of  them  should  be  known.".  Chapters  16,  and  18,  were  specially  considered,  as  will 
be  seen  in  the  notes  to  those  acts  respectively,  but  no  record  of  further  action  on 
the  remaining  acts  of  this  session  has  been  discovered. 

The  acts  of  the  fourth  session,  including  the  private  act  above  described,  were 
duly  certified  for  transmission,  June  18,  1761,  but  were  not  delivered  to  the  clerk  of 
the  Privy  Council,  in  waiting,  until  the  19th  of  September  following.  On  the  24th, 
they  were  referred  to  the  committee  on  plantation  affairs,  and,  the  next  day,  referred 
to  the  Board  of  Trade,  where  they  were  considered,  January  13, 1762,  and  ordered  to 
be  sent  to  Sir  Matthew  Lamb,  for  his  opinion,  «&c.  Sir  Matthew's  report,  dated  May 
22,  1762,  was  read  and  considered  by  the  Board,  June  9,  17G2,  but,  although  he  sub- 
mitted the  objections  hereafter  given,  in  notes  to  chapters  25,  33  and  34,  the  Boai'd 
passed  an  order  that  all  the  acts  of  this  session  "  should  lye  by  probationary,  until 
the  further  operation  and  effect  of  them  should  be  known,"  which  is  the  last 
action  upon  them  that  has  been  discovered  in  the  Public-Kecord  Office. 

Chap.  3.  In  the  campaign  of  1757,  as  has  been  shown  (note  to  1757-58,  chap.  .30, 
and  1759-()0,  chap.  Ki,  ante),  the  Crown  furnished,  through  contractors,  the  subsist- 
ence of  the  provincial  forces;  and  this  being  all  that  was  promised  by  Mr.  Secre- 
tary Fox,  and  by  his  successor,  Mr.  Pitt,  in  his  letter  of  February,  1757,  no  claim 


[Notes.]  Province  Laws.— 1760-61.  437 

was  made  by  the  province  for  reimbursement  of  the  expenses  incurred  in  levying, 
paying,  arming  and  clothing  the  men  enlisted  for  that  campaign  in  the  Massachu- 
setts quota.  For  the  campaign  of  1758,  however,  Mr.  Pitr,  as  an  additional  induce- 
ment for  the  raising  the  large  contingent  expected  of  this  province,  promised  not 
only  to  furnish  a  train  of  artillery,  and  all  necessary  arms  and  transportation,  but 
that  strong  recommendations  would  be  made  to  parliament  to  grant  a  proper  com- 
pensation for  such  other  expenses  as  the  province  had  borne,  exclusively,  in  pre- 
vious years.  The  recommendations  made  to  jiarliament  in  accordance  with  this 
promise  resulted  in  a  grant  of  £200,000,  to  be  distributed  among  all  the  North- 
American  provinces  engaged  in  the  war,  "  as  their  active  vigor  and  strenuous  efforts 
shall  be  thought  by  His  Majesty  to  merit."  (See  Journals  of  the  House  of  Com- 
mons, April  oO,  1759.) 

The  subject  of  soliciting  and  receiving  the  province's  proportion  of  this  grant, 
led  to  unhappy  differences  in  the  Legislature,  and  between  the  Agent  and  his  con- 
stituents. The  dissatisfaction  with  Mr.  Bollan's  proceedings  in  procuring  and 
forwarding  the  provision-money  for  175(5,  seems  to  have  been  shared  by  the  Govern- 
or (Pownall);  and  he,  having  received  an  address  from  the  Assembly  at  their  June 
session,  entreating  him  to  represent  to  the  King  the  distressed  state  of  the  province, 
prepared  a  most  earnest  letter,  in  their  behalf,  to  Mr.  Pitt,  which,  however,  he  did 
not  forward  until  after  tidings  of  the  grant  had  been  received  from  Mr.  Bollan. 

At  the  beginning  of  the  October  session,  a  vote  of  thanks  from  the  Assembly  was 
tendered  to  the  Governor,  for  his  urgent  representation  to  Mr.  Pitt;  and,  on  the 
strength  of  this  approval,  the  Governor  took  occasion,  in  the  following  vacation, 
to  write  again  to  the  Secretary  of  State  that  the  receipt  or  delay  of  the  provision 
money  "would  greatly  promote  or  might  greatly  obstruct"  measures  for  raising 
troops  for  the  campaign  of  1750,  and  to  projiose  to  him  that  the  money  be  sent 
through  the  government  contractors,  consigned  to  the  province  Treasurer,  in  the 
same  manner  in  which  the  grant  for  the  expenses  of  the  year  1755  had  been  for- 
warded. He  also  wrote  to  the  contractors  informing  them  of  his  letter  to  Pitt,  and 
suggesting  the  propriety  of  thus  transmitting  not  only  this  money  but,  also,  the 
expected  grant  for  reimbursing  the  expenses  of  the  province,  in  1758.  Of  his  letter 
to  Mr.  Pitt  the  Governor  forwarded  a  copy  to  Mr.  Bollan. 

This  interference  by  the  Governor,  though  evidently  prompted  by  a  sincere 
regard  for  the  welfare  of  the  province— which  he  deemed  in  peril,  from  the  dis- 
agreement of  the  Council  and  Representatives  on  the  subject  of  authorizing  some 
IVATtj  to  receive  the  grant,  and  the  failure  of  Mr.  Bollan  to  devise  some  short  way 
out  of  the  difficulty— was,  with  good  reason,  resented  by  the  latter. 

In  the  act  authorizing  the  receipt  and  transmission  of  the  Ca]ie-Breton  money 
(1748-49,  chap.  15),  Admiral  Warren  and  Eliakim  Palmer  were  joined  with  the 
agent  for  that  purpose;  and  this  precedent  was  now  availed  of  to  join  Mr.  John 
Pownall,  brother  of  the  Governor,  and,  at  this  time.  Secretary  of  the  Lords  of 
Trade,  who  was  well  informed  on  all  matters  relating  to  the  province,  and  warmly 
interested  in  its  welfare. 

The  Council  having  voted,  in  the  December  session,  that  Mr.  Bollan  be  directed 
to  solicit  the  compensation  for  the  campaign  of  the  same  year  (1758),  and  the  House 
having  refused  to  concur  in  this  vote,  the  Governor,  on  the  17th  of  February,  1759, 
feeling  that  Mr.  Bollan's  authority  was  virtually  suspended,  wrote  to  his  brother, 
urgently  entreating  him  to  second  the  efforts  he  himself  had  been  making  with  Mr. 
Pitt  and  the  contractors,  to  have  the  money  forwarded. 

At  the  opening  of  the  February  session  this  action  of  the  Governor  was  commu- 
nicated by  him  to  the  Assembly,  and  thus  Mr.  John  Pownall  was  brought  promi- 
nently forward  as  a  person  proper  to  be  associated  with  the  Agent  in  this  affair. 
Accordingly,  on  the  28th  of  March,  he  was  chosen  to  that  place  by  both  branches, 
of  which  fact  prompt  notice  was  sent  to  him  by  the  Secretary.  A  mere  copy  of  this 
vote,  without  any  formal  power  of  attorney,  being  the  sole  credential  received  by 
Mr.  Pownall  from  the  province,  Mr.  Bollan  felt  obliged  to  object  to  the  sufficiency 
of  his  authority,  both  in  duty  to  the  officers  of  the  treasury,  and  to  prevent  the 
recoupments,  delays  and  obstructions,  which,  upon  the  discovery  of  such  an  irregu- 
larity, must,  inevitably,  have  ensued  in  negotiating  future  payments.  Mr.  Pownall 
lost  no  time  in  notifying  Secretary  Oliver  of  Mr.  Bollan's  objection,  whereupon  a 
regular  power  of  attorney,  in  conformity  to  the  precedent  of  1748,  was  prepared  by 
order  of  the  General  Court,  and  transmitted  to  Mr.  Pownall,  by  the  Secretary,  Octo- 
ber 15,  1759.  A  joint  letter  of  instructions  was  also  sent  to  Messrs.  Bollan  and 
Pownall. 

While  the  letters  just  described  were  preparing,  Mr.  Bollan  was  writing  to  Secre- 
tary Oliver,  fully  stating  his  objections  to  Mr.  Pownall's  appointment,  and  setting 
forth  the  difficulties  that  he  encountered  through  the  repeated  interference  of  other 
persons  claiming  to  act  in  behalf  of  the  province.  Notwithstanding  the  inharmoni- 
ous and  wavering  conduct  of  the  Assembly,  Mr.  Bollan  continued  to  labor  assidu- 
ously to  procure  for  tlie  province  a  liberal  apportionment  of  the  grant;  but,  in  the 
midst  of  these  labors,  the  General  Court  voted  to  dismiss  him  from  the  agency. 
This  vote  was  passed  February  12,  17G0;  but  the  next  General  Court  reinstated  him 
on  the  Gth  of  June  following,  and,  on  the  20th  of  the  same  month,  the  present  chap- 
ter, joining  Mr.  Pownall  in  the  business  of  receiving  and  transmitting  the  compen- 
sation money  was  passed. 

Before  notice  of  this  last  appointment  had  been  received  by  him,  Mr.  Pownall 
wrote  to  the  Secretarv,  enclosing  a  copy  of  his  letter,  of  the  same  date,  to  Mr. 
Bollan,  expressing  a  desire  to  "wave  any  claim"  under  the  letter  of  attorney  of 
October  1759,  and  expressing  his  conviction  that  this  business  could  not  be  in 
better  hands  than  Mr.  Bollan's,  who  was  "  much  better  acquainted,"  than  he, 
"  with  transactions  of  this  kind."    Mr.  Bollan  also  wrote  that  he  hoped  that  Mr. 


438  Province  Laws.— 1760-61.  [Notes.] 

Pownall's  letter  would  "  prevent  all  future  difficulties  touching  the  receipt  of  the 
money  payable  at  the  treasury  for  the  use  of  the  Province."  The  matter  here 
rested,  with  the  exception  of  the  business  of  forwarding  accounts  and  vouchers 
from  the  province,  until  August  8,  1760,  when  Mr.  Bollan  wrote  to  Secretary  Oliver 
that  he  had  received  the  province's  share  of  the  grant. 

On  the  8th  of  October  following,  the»money  was  shipped  on  the  Fowey,  man-of- 
war,  Capt.  Tonyn.  It  arrived  at  Boston,  Marcli  14,  17G1,  and,  on  the  sixth  of  May, 
Mr.  Treasurer  Gray  entered  a  credit  to  Mr.  Bollan  for  28,528  Johannes,  and  3,000 
moidores  (fourths  and  eighths),  which  had  arrived  by  the  Fowey  and  which  — the 
former  being  reckoned  at  48  shillings,  and  the  latter  at  36  shillings  —  amounted  to 
£73,860, 13s.  6d.  province  money. 

"  June  20tf',  1760,  Sir,  The  General  Court  having  appointed  you  Agent  of  the  Prov- 
ince of  the  Massachusetts  Bay,  at  the  Court  of  Great  Britain,  as  Appears  by  the'r 
Vote  of  the  6'h  Instant,  and  his  Honour  the  Lieutenant  Governor,  at  the  Request  of 
the  two  Houses,  having  Commissioned  you  for  that  purpose, 

Your  Instructions  are. 

1^*'  That  upon  the  Receipt  of  the  Provinces  Proportion  of  the  Parliamentary 
Grant  of  £200,000  Sterling,  you  cause  it  to  be  shiped  on  Board  one  of  his  Majesty's 
Ships  of  War,  bound  to  Boston,  New  York  or  Nova  Scotia,  and  if  to  either  of  the 
last  mentioned  Places,  endeavour  to  obtain  leave  for  such  Ships  proceeding  to 
Boston  with  the  Money  l)ut  you  are  to  Ship  it,  tho  you  should  not  obtain  that 
leave  as  the  Province  Frigate  can  bring  it  from  either  of  said  Places,  and  you  are 
to  cause  the  said  Money  tb  be  fully  insurred,  Consigning  it  to  the  Treasurer  of  the 
Province,  for  the  time  being,  or  his  order — 

*  *  *  *  *  * 

2d]y  With  regard  to  the  Provinces  Proportion  of  the  Parliamentary  Grant  to  the 
Colonies,  for  their  Military  Services  in  1758,  An  Act  has  passed  (the  former  power 
being  judged  insufficient)  iinpowering  you,  in  Conjunction  with  John  Pownall  Esq' 
to  receive  it— You  are  to  follow  the  Instructions  that  will  be  given  you  in  Conjunc- 
tion with  M""  Pownall,  upon  this  Head."— Extracts  from  the  instructions  to  Agent 
Bollan,  Council  Records,  vol.  XXIII.,  p.  481. 

"  Boston  June  20:  1760. 

Gentlemen,  Some  doubt  having  arisen  with  regard  to  the  Validity  of  the  Power 
sent  you  to  receive  this  Provinces  Proportion  of  the  Grant  made  by  Parliament  to 
the  Colonies  for  their  Military  Services,  in  the  Year  1758,  The  General  Court  have 
passed  an  Act  Impowering  you  jointly,  or  in  certain  Cases  Severally,  to  receive 
said  Proportion  for  the  use  of  the  Province,  concerning  which  it  is  the  desire  of  the 
General  Court,  that  as  soon  as  may  be  after  the  Receipt  of  the  Money,  you  cause  it 
to  be  shiped  on  Board  one  of  his  Majesty's  Ships  of  War,  bound  to  Boston,  New 
York  or  Nova  Scotia,  and  if  to  either  of  the  last  mentioned  Places  that  you  woukl 
endeavour  to  obtain  Leave  for  such  Ships  proceeding  with  it  to  Boston;  but  tho 
you  should  not  obtain  that  leave,  you  arc  to  Ship  it  notwithstanding,  as  the  Prov- 
ince Frigate  can  bring  it  from  either  of  those  places,  and  you  are  also  desired  to 
cause  the  same  to  be  fully  Insurred,  and  to  Consign  it  to  the  Treasurer  of  the  Prov- 
ince, for  the  time  being  or  his  Order. 

In  Council  Voted  that  the  Secretary  be  directed  to  prepare  a  fair  Copy  of  the 
foregoing  Letter  to  M^  Agent  Bollan,  and  John  Pownall  Esquires  and  sign  the 
same,  in  the  name  of  the  General  Court,  and  transmit  it  as  soon  as  may  be. 

In  the  House  of  Representatives  Read  and  Cuncurred  Consented  to  by  the  Lieu* 
Governor." — Ibid.,  p.  480. 

Vhap.  7.  "  Jan.  22, 1760.  A  Petition  of  Enoch  Freeman  and  Others  a  Committee 
of  the  Town  of  Falmouth,  Praying  for  a  division  of  the  County  of  York  and  that 
the  Towns  and  Settlements  to  the  Eastward  of  Saco  River  may  be  made  a  seperate 
County  and  that  Falmouth  may  be  made  the  Shire  Town. 

In  the  House  of  Representatives.  Read  and  Ordered  That  M'  Tyng  M""  Flucker 
Mf  Tyler  Col"  Partridge  and  M'^  Paine  be  a  Committee  to  confer  with  such  as  the 
honourable  House  shall  appoint  upon  the  subject  matter  of  the  several  Votes  that 
have  passed  both  Houses  on  this  Petition  and  report  thereon. 

In  Council  Read  and  Concurred  and  Joseph  Pynchon,  John  Erving,  James 
Bowdoin  and  Thomas  Hancock  Esqi's  are  joined  in  the  AiJair." — Council  Records, 
vol.  XXIII.,  p.  193. 

"  Feb.  13, 1760.  In  Council  on  the  Petition  of  Enoch  Freeman  and  Others  Pray- 
ing that  a  new  County  may  be  formed  in  the  County  of  Y''ork  and  on  the  Petition 
of  Silvester  Gardner  and  others.  Praying  That  another  new  County  may  be 
formed  in  said  County  of  York 

Ordered  That  the  Petitioners  serve  the  Inhabitants  of  the  several  Towns  and 
Districts  in  the  County  of  York  with  a  Copy  of  said  Petitions  by  inserting  the  sub- 
stance of  them  together  with  this  Order  in  the  Several  Boston  news  papers  three 
Weeks  successively,  that  so  they  may  shew  cause  if  any  they  have  on  the  first 
Tuesday  of  the  next  May  Session  why  the  Prayer  of  said  Petitions  should  not  be 
granted. 

In  the  House  of  Representatives  Read  and  Concurred  Consented  to  by  the  Gov- 
ernor."—J6;c;.,  p.  276. 

•'  June  10,  1760.  In  Council,  Voted,  That  John  Gushing  Silvanus  Bourn  and 
Israel  Williams  Esq""  with  such  as  the  Honourable  House  shall  join  be  a  Committee 
to  take  under  consideration  the  several  Petitions  for  dividing  the  County  of  York 
and  erecting  one  or  more  new  Counties  there,  hear  such  of  the  Parties  concerned, 
who  may  be  now  Attending  the  Court,  and  Report  what  they  Judge  Proper  for  thia 
Court  to  do  in  the  A.ffair. 


[Notes.]  Province  Laws.— 1760-61.  439 

lu  the  Souse  of  Representatives  Read  and  Concurred,  and  M""  Foster  Col"  Gerrish, 
Mr  Paine,  and  Col"  Jones  of  Hopkinton  are  joined  in  tlie  Affair." — Ibid.,  p.  417. 

"  June  12,  1760.  The  Committee  to  whom  was  referred  tlie  Petitions  relating  to 
the  dividing  of  the  County  of  York,  having  heard  the  Petitioners,  and  others  con- 
cerned, are  of  Opinion  that  the  Prayer  of  the  Petition  be  granted,  and  that  the 
County  of  York,  be  divided,  and  made  three  distinct  and  Seperate  Counties,  accord- 
ing to  the  Bill  brought  in  the  last  Session  of  the  General  Court,  and  referred  over 
to  this. 

In  Council  Read  and  Accepted.  In  the  House  of  Representatives  Read  and  Non- 
concurred." — Ibid.,  p.  4.32. 

"  June  16,  1761.  A  Petition  of  the  Selectmen  of  the  Town  of  Brunswick— Setting 
forth— That  they  apprehend  there  is  some  uncertainty  with  respect  to  the  Bounds 
of  the  County  of  Cumberland,  and  a  dispute  hath  arisen  whether  or  no  the  whole 
Town  of  Brunswick  is  included  in  said  County.  Praying  the  determination  of  this 
Court. 

In  the  House  of  Representatives  Read  and  in  Answer  to  this  Petition,  Resolved 
That  the  true  intent  and  meaning  of  the  Line  of  the  County  of  Cumberland  was  to 
run  by  the  River  or  Creek  that  seperates  Brunswick  from  George  Town,  and  that 
the  whole  of  the  Town  of  Brunswick  hereafter  be  deemed  part  of  the  aforesaid 
County  of  Cumberland. 

In  Council  Read  and  Nonconcurred.  And  Whereas  it  Appears  comparing  the 
Boundary  Lines  of  Brunswick  with  the  Line  dividing  the  Counties  of  Cumberland 
and  Lincoln  that  the  whole  of  said  Brunswick  is  within  the  County  of  Cumberland. 
Ordered  that  this  Petition  be  dismissed. 

In  the  House  of  Representatives  Read  and  Concurred." — Ibid.,  vol.  XXIV.,  p.  46. 

See,  also,  note  to  1759-60,  chap.  23,  ante. 

Chap.  10.  It  will  be  observed  that  this  chapter  waS'  enacted  on  the  same  day  with 
the  act  joining  Mr.  Pownall  in  the  business  of  receiving  and  transmitting  the  prov- 
ince's share  of  the  grant  for  reimbursing  a  portion  of  the  expenses  incurred  in  the 
campaign  of  1758  {ante,  chap.  3.),  and  that,  in  the  present  chapter,  Mr.  Trecothick 
was  to  act  only  in  case  of  the  sicKness  or  death  of  the  Agent. 

Governor  Pownall  had  been  nominated  to  the  post  of  governor  of  South  Carolina; 
and  news  of  his  recall  had  come  to  him  in  the  latter  part  of  February,  although  he 
did  not  sail  for  England  until  the  third  of  June,  up  to  which  time  he  continued  to 
act  in  his  office.  His  brother's  resignation  of  his  joint  commission  with  the  Agent, 
followed  on  the  20th  of  July,  which,  tliough  a  month  later  than  the  date  of  this  act, 
was  some  time  before  he  could  have  received  tidings  of  its  passage. 

Mr.  BoUan's  new  commission  as  agent,  and  a  copy  of  the  present  act,  reached  him 
in  August.  Fresh  instructions  had  been  prepared  for  him;  and  a  detailed  statement 
of  expenditiires  by  the  province  for  the  campaign  of  1759,  in  which  Massachusetts 
was  credited  with  a  contingent  of  6,500  men,  was  promised.  Instructions  were  also 
prepared  for  Mr.  Trecothick.  Parliament  had  already  granted  £200,000,  for  reimburs- 
ing part  of  the  expenses  of  all  the  colonies  for  that  year  (see  Journals  of  House  of 
Commons,  March  31,  1760),  and  Mr.  Bollan  renewed  his  applications  to  the  Lords  of 
the  Treasury  for  such  an  apportionment  of  that  sum  to  Massachusetts,  as  would  be 
equitable.  In  the  mean  time  he  applied  for  leave  to  return  to  the  province  during 
the  next  summer,  in  order  to  look  after  his  private  affairs,  explain,  in  person,  the 
difficulties  that  had  attended  his  former  negotiations,  and  collect  evidence  to  defend 
the  right  of  the  province  against  the  claims  of  the  Earl  of  Stirling,  and  others,  to 
a  portion  of  her  eastern  territory. 

When,  in  October,  he  wrote  that  the  1758-money  was  shipped  on  the  Fowey,  Mr. 
Bollan  had  not  received  the  promised  statement  of  expenses  for  1759,  and  he  took 
occasion  to  mention  that  fact  in  his  letter.  The  accounts  had  been  sent,  but,  as  was 
supposed,  had  miscarried,  and,  on  January  9, 1761,  duplicate  copies  were  forwarded. 
It  appears,  however,  that  the  accounts,  and  a  triplicate  copy,  reached  Mr.  Bollan  on 
the  sixth  of  February.  In  the  mean  time,  he  had  procured  an  order  from  the  Lords 
of  the  Treasury,  for  delay  until  their  arrival.  On  examining  the  copies  sent  him 
they  were  found  incomplete. 

The  demise  of  the  Crown  occurring  in  October,  and  rendering  necessary  the 
renewal  of  commissions,  gave  Mr.  Bollan  an  opportimity  to  suggest  to  the  General 
Court  the  proper  way  to  appoint  an  agent;  and,  in  a  previous  letter,  he  had  already 
asked  for  express  orders  concerning  the  transmission  of  money,  so  as  to  avoid,  for 
the  future,  the  difficulties  that  had  attended  former  shipments. 

Further  statements  of  accounts  were  forwarded  to  the  Agent  on  the  6th  and  17th 
of  June;  but  the  grant  had  been  already  apportioned  (April  28),  and  £60,634  allotted 
to  Massachusetts.  Four  days  before  the  second  of  these  letters  was  dispatched  to 
him,  Mr.  Bollan  wrote  to  the  Secretary  that,  after  the  warrants  for  payment  of  the 
grant  had  been  made  and  signed  by  the  King,  a  mistake  was  discovered,  which 
made  it  necessary  to  cancel  them;  and,  thereupon,  new  warrants  were  prepared, 
which  were  not  delivered  until  the  fourteenth  of  May,  and  then  without  the  letter 
from  the  Secretary  of  the  Treasury  tipon  which,  alone,  the  warrants  could  be  paid. 

These  warrants  were  drawn  upon  the  Paymaster-General;  and,  upon  presenting 
the  warrant  for  this  province,  to  have  it  examined  preparatory  to  payment,  Mr. 
Bollan  was  informed  that  payment  would  not  be  made  immediately,  and  not  wholly 
in  money,  but  that  a  moiety  would  be  in  Exchequer  tallies.  Having  arranged  that 
one  letter  from  the  Secretary  should  answer  for  all  the  colonies,  and  having  adjusted 
minor  details,  including  the  settlement  of  fees,  &c.  he  called  for  the  letter,  at  the 
time  appointed,  and  was  then  informed  that  payment  was  stopped,  by  order  of 
the  Lords  of  the  Treasury,  upon  application  of  the  Earl  of  Kinnoul,  late  Paymaster- 


MO  PEOvmcE  Laws.— 1760-61.  [Notes.] 

General,  whose  accounts  were  unliquidated,  owing  to  an  irregularity  in  the  repay- 
ment of  the  loan  from  Gov.  Shirley,  in  17ij(). 

The  vote  of  the  General  Court  granting  Mr.  Bollan's  request  for  leave  of  absence 
reached  him  before  the  middle  of  April,  Imt  he  did  not  feel  at  liberty  to  avail  him- 
self of  this  privilege  until  all  matters  relating  to  reimbursement  for  the  expenses 
of  1759  were  so  far  settled  as  that  the  money  could  be  obtained  by  the  province 
without  further  application  to  the  government.  He  succeeded  in  removing  the  dif- 
ficulty with  Kinnoul's  accounts,  and  procured  a  discharge  of  the  order  for  retaining 
any  portion  of  the  grant  to  meet  that  contingency,  so  that,  by  the  26th  of  May,  the 
cash  part  of  the  province's  share  was  in  his  hands,  which  he  promptly  took  meas- 
ures for  forwarding. 

Owing  to  a  scarcity  of  coin,  considerable  time  was  consumed  in  converting  the 
money  into  gold,  according  to  instructions,  preparatory  to  shipment.  A  new  diffi- 
culty now  arose.  While  proceeding  to  have  the  gold  put  on  board  the  Alcide,  man- 
of-war,  which  was  ready  to  sail,  and  in  which,  with  the  consent  of  the  Lords  of  the 
Admiralty,  he  had  arranged  to  ship  the  gold,  he  received  intimations  that  the 
Assembly  were  about  to  pass,  or  had  passed,  an  act  authorizing  bills  of  exchange  to 
be  drawn  uijon  hitu.  Teh  days  before,  he  had  written  to  Secretary  Oliver  of  his 
intention  to  ship  the  gold,  but,  as  the  drawing  of  bills  would  save  the  province 
seven  per  cent,  or  more,  and  would  obviate  difficulties  and  delay  attendant  upon  the 
transmission  of  money,  Mr.  Bollan  concluded  to  retain  the  gold,  to  meet  such 
draughts  as  might  be  iiresented,  anil  immediately  notified  the  General  Court  of  this 
conclusion,  giving  his  reasons  for  it  at  length  and  expressing  the  hope  that  his  con- 
duct would  meet  their  approval. 

On  the  first  of  August  the  Agent  wrote  again  to  the  Secretary,  for  instructions 
concerning  the  drawing  of  bills  upon  him,  he  having  seen,  besides  the  private  let- 
ters (mentioned  in  his  former  dispatches)  giving  information  upon  the  suliject,  a 
copy  of  the  Boston  Post,  of  June  'Jii,  containing  an  advertisement  for  subscriptions, 
to  the  Treasurer,  for  bills  of  exchange  on  the  Agent,  for  £oO,000.  (See  ITGWW 
chap.  3  po.sf.)  But  no  official  information  of  the  passage  of  the  act  had  reached 
him,  nor,  on  the  other  hand,  had  the  Exchequer  tallies  been  cashed. 

Mr.  Bollan  appears  to  have  remained  at  his  post,  notwithstanding  his  permission 
to  return,  until  after  Mr.  Mauduit  had  entered  upon  his  duties,  as  his  successor. 
(See  chapter  i82}ost.) 

"  Boston  June  20*  17G0.— 

Sir  The  General  Court  of  the  Province  of  the  Massachusetts  Bay,  have  ap- 
pointed you  (in  Case  of  the  Death,  or  other  Incapacity  of  William  Bollan  EsqO  to 
receive  the  Provinces  Proportion  of  a  Grant  of  £200,000  Sterling,  made  by  the 
Parliament  to  the  Colonies,  as  a  Compensation  for  their  Military  Services,  in  the 
Year  1759,  In  Case  you  should  receive  it,  it  is  the  desire  of  the  General  Court,  that 
as  soon  as  may  be,  after  the  Receipt  thereof  yon  would  cause  it  to  be  Shiped,  on 
board  one  of  his  Majesty's  Ships  of  War  bound  to  Boston,  New  York  or  Nova 
Scotia,  and  if  to  either  of  the  two  last  mentioned  Places,  that  you  would  endeav- 
our to  obtain  leave  for  such  Ships  proceeding  with  the  money  to  Boston,  but  tho 
yon  should  not  obtain  that  leave,  you  are  to  Ship  it  Notwithstanding,  as  the 
Province  Ship  can  bring  it  from  either  of  those  Places  and  you  are  directed  to  cause 
the  same  to  be  fully  insured, 

In  Case  M""  Bollan  should  receive  the  said  Money,  and  should  receive  it,  before 
an  Oppertunity  offers  to  Ship  it,  he  will  be  desired  to  lodge  it  in  some  Publick 
Bank  under  such  Circumstances,  as  that  (in  Case  of  his  Death,  or  other  Incapaci- 
ty) you  may  be  able  to  demand,  and  receive  it  for  the  use  of  the  Province,  and  in 
that  Case  you  will  be  pleased  to  ship,  and  insure  as  abovementioned,  Consigning  it 
to  the  Treasurer  of  the  Province,  for  the  time  being,  or  his  Order. 

In  Council  Ordered  that  the  Secretary  prepare  a  fair  draft  of  the  foregoing 
Instructions  to  Barlow  Trecothick  Esq""  and  sign,  and  transmit  the  same  as  soon  as 
may  be. 

In  the  House  of  Representatives;  Read  and  Concurred  Consented  to  by  the 
Lieutenant  Governor." — Council  Eecords,  vol.  XXlIl.,p.  480. 

Chap.  11.  "June  19,  17G0.  In  the  House  of  Representatives — In  Answer  to  the 
Prayer  of  the  Petition  of  the  Selectmen  of  the  Town  of  Boston — Voted  that  the 
sum  of  Eleven  hundred  ]iounds  be  granted,  and  paid  out  of  the  Publick  Treasury 
of  this  Province,  to  the  Town  of  Boston,  in  Lien  of  any  Abatement,  on  their  Pro- 
portion, of  the  Province  Tax,  on  Account  of  their  Losses  by  the  Fire  on  the  Twen- 
tieth of  March  last;  the  same  to  be  applycd  to  the  Abatement  of  the  Taxes,  of  the 
particular  Persons,  who  have  Sustained  Losses  by  said  Fire,  in  such  Proportion,  as 
the  Assessors  of  said  Town  shall  determine. 

In  Council  Read  and  Concurred  Consented  to  by  the  Lieutenant  Governor." — 
Council  Records,  vol.  XXIII.,  p.  403. 

"Dec.  27,  17G0.  A  Petition  of  Nathan  Nye,  and  John  Sherman  Constables  of 
Rochester,  representing  the  difficulties  they'labour  under  with  respect  to  the  Tax 
laid  upon  one  John  Sherman  a  Quaker — Praying  the  direction  of  this  Court  there- 
upon. 

In  the  House  of  Representatives;  Read  and  Ordered  that  the  Prayer  of  this 
Petition  be  so  far  granted  as  that  the  Treasurer  be  directed  to  stay  Execution 
against  John  Sherman,  for  the  four  pounds,  nineteen  shillings,  and  three  pence, 
till  the  further  Order  of  this  Court. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  530. 

•'  Dec.  27,  1760.  A  Petition  of  the  Town  of  Raynham — Praying  the  Fine  imposed 
upon  said  Town  for  not  sending  a  Representative  the  present  Year,  may  be  remit- 
ted, for  the  reasons  in  said  Petition  mentioned. 


[Notes.]  Province  Laws. — 1760-61.  441 

In  the  House  of  Representatives;  Read  and  Ordered  that  the  Prayer  of  the 
Petition  be  granted,  and  the  Petitioners  are  allowed  to  receive  Ten  pounds  out  of 
the  Puljlick  Treasury  accordingly. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  537. 

"Dec.  31,  17G0.  A  Petition  of  the  Committee  for  the  District  of  Harpswell — 
Praying  that  Nehemiah  Curtis,  and  John  Snow,  may  be  impowered  to  collect  the 
Taxes  laid  upon  the  Inhabitants  of  said  District  &c'' 

In  the  House  of  Representatives;  Road  and  Voted  that  the  within  named  Nehe- 
miah Curtis  and  John  Snow  be  required  and  they  hereby  are  impowered  to  pro- 
ceed and  I'jcrfect  the  Collecting  the  Taxes  within  mentioned,  according  to  Law, 
any  Failure  with  respect  to  their  Qualifications  hitherto  Notwithstanding. 

in  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  544. 

"  Jan.  '2:i,  17(il.  A  Petition  of  Abiel  Sadler  of  Upton— Setting  forth  that  the 
Town  of  Upton  at  their  Meeting  in  March  last,  chose  Jonathan  SVood  one  of  tlie 
Constables  of  said  Town,  who  hired  the  Petitioner  to  take  liis  place,  and  serve  in 
his  Room  accordingly  the  said  Town  at  their  Meeting  in  May  last  accejited  and 
Chose  the  Petitioner  in  the  room  of  the  said  Jonathan,  and  the  Taxes  of  said  Town 
have  been  committed  to  him  to  Collect,  that  there  is  a  doubt  whether  the  Choice 
was  Legal — Praying  a  Confirmation  of  his  Choice. 

In  the  House  of  Representatives;  Read  and  Voted,  That  the  Prayer  of  this  Peti- 
tion be  granted,  and  that  the  Choice  and  acceptance  of  Abiel  Sadler  at  the  Town 
Meeting  of  the  Town  of  Upton  in  May  last  as  Constable,  in  the  room  and  stead  of 
Jonathan  Wood  who  was  Chosen  Constable  by  said  Town  in  March  last,  be  and 
hereby  is  Confirmed,  and  all  the  doings  of  said  Constables  since  in  his  said  Office  is 
declared  good  and  Valid  to  all  Intents  and  purposes  whatsoever,  or  what  he  shall 
hereafter  do  by  Virtue  of  said  Choice;  Provided  that  the  same  be  otherwise  Agree- 
able to  Law. 

In  Council  Read  and  Concurred  Consented  to  hy  the  Governor." — Ibid.,  p.  623. 

"  Feb.  (),  17G2.  A  Petition  of  Joseph  Robinson  Representative  of  the  Town  of 
Falmouth  in  the  County  of  Barnstable,  Setting  forth,  That  the  said  Town  consid- 
ering the  smallness  of  it,  and  the  Poverty  of  its  Inhabitants  did  not  send  a  Repre- 
sentative to  Court  in  the  Year  1760,  for  which  the  then  House  of  Representatives 
fined  the  said  Town,  Ten  pounds,  which  they  esteem  a  great  Hardship,  And  Pray- 
ing Relief. 

In  the  House  of  Representatives;  Read  and  Ordered  That  the  Prayer  of  the 
Petition  be  granted;  and  that  the  sum  of  Ten  pounds  be  granted  out  of  the  Public 
Treasury  to  Cap'  Joseph  Robinson  for  the  use  of  the  said  Town.  In  Council  Read 
and  Concurred  Consented  to  by  the  Governor." — Ibid  ,  vol.  XXIV.,  p.  237. 

"Feb.  9,  1762.  A  Petition  of  Timothy  Ruggles  Esq'' of  Hardwicke— Praying 
That  a  fine  of  Twelve  pounds  laid  on  the  said  Town  the  last  Year  for  not  sending  a 
Representative  to  Court,  occasioned  by  diverse  extraordinary  expences  the  Town 
was  at,  in  that  Year,  may  be  remitted. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Prayer  of  the  Peti- 
tion be  granted ;  and  the  Treasurer  is  directed  to  paj'  the  sum  of  Twelve  pounds  to 
the  Petitioner  for  the  use  of  said  Town  accordingly — In  Council  Read  and  Con-  ' 

curred  Consented  to  by  the  Governor." — Ibid.,  j).  'Ziii. 

"  March  3,  1762.  A  Petition  of  John  Severaijce  and  others  Assessors  of  the  Pro- 
prietors of  Fall  Town,  Setting  forth,  That  in  consequence  of  their  Appointment 
they  made  several  Assessments  on  the  I'roprietors  aforesaid  viz'  one  tax  of  four 
shillings  on  each  Right  or  Share,  one  other  Tax  of  £:<l.l.'i.4  to  be  proportioned  on 
the  whole,  and  one  other  tax  of  two  ])encc  one  farthing  upon  each  Acre  laid  out  in 
said  Fall  Town;  and  nothing  remained  but  the  sale  of  the  Delinquents  Lands 
when  the  Law  by  which  they  made  their  Assessments  expired  viz'  at  the  end  of 
the  Sessions  in  May  last.  That  they  had  however  proceeded  to  make  Sale  of  the 
Lands  of  the  Delinquents  in  September  last,  And  Praj^ing  that  the  said  Act  mav  be 
revived  and  their  Sale  confirmed. 

In  the  House  of  Representatives  Voted  That  the  Prayer  of  the  Petition  be  so  far 
granted  as  that  the  several  Sales  of  Laud  made  by  the  Assessors  within  mentioned 
shall  be  confirmed  to  all  intents  and  Purposes,  Pro^-ided  that  the  Proprietors  and 
Owners  of  the  Lands  so  sold  do  not  within  three  Months  from  this  time  pay  the 
Taxes  and  charges  due  respectively  from  them,  and  that  the  said  Assessors  give 
notice  thereof  in  all  the  several  Public  Prints.  In  Council  Read  and  Concurred 
Consented  to  by  the  Governor." — Ibid.,  p.  307. 

"  Sept.  i),  1762.  Upon  the  Petition  of  Daniel  Witham  and  Others  Selectmen  of 
Gloucester.    The  following  Order  passed  the  Court  Viz' 

In  the  House  of  Representatives;  AVhereas  the  Selectmen  of  the  Town  of  Glouces- 
ter have  represented  to  this  House  That  William  Somes  was  chosen  one  of  their 
Constables  in  the  Year  1760,  and  that  there  was  committed  to  him  agreeable  to  Law 
a  list  of  Province  and  Town  Taxes  to  the  amount  of  three  hundred  and  forty  nine 
pounds  eight  shillings,'  i:)art  of  which  sum  being  about  Eighty  three  pounds  was 
collected  by  said  Somes;  upon  which  he  failed  in  his  business,  all  his  Estate  was 
Attached  by  his  Creditors,  and  he  committed  to  Goal  being  thus  rendered  incapable 
^  compleating  the  Collection,  he  Constituted  and  impowered  Samuel  Allen  of  said 
Gloucester  by  his  Power  of  Attorney  to  collect  the  remainder,  part  of  which  he  said 
Allen  has  collected  ;  but  inasmuch  as  it  is  doubted  by  many  of  the  Inhabitants 
whether  they  are  obliged  to  ]iay  said  Allen,  and  it  is  also  doubted  by  said  Allen 
whether  he  be  obliged  to  account  for  the  same. 

Therefore  Resolved  That  Samuel  Allen  be  empowered  and  he  is  hereby  fully 
Authorized  and  empowered  to  collect  all  such  Sums  in  said  Lists  which  he  received 
from  William  Somes  as  are  not  collected,  and  that  he  be  obliged  to  account  for  the 
same  together  with  what  he  has  already  collected  in  the  same  manner  as  Lf  he  had 


442  PROvmcE  Laws. — 1760-61.  [Notes.] 

been  legally  chosen  and  sworn  for  that  purpose— In  Council  Read  and  Concurred 
Consented  to  by  the  Governor." — Ibid.,  p.  4(iO. 

"  Jan.  22,  1763.  A  Petition  of  Timothy  Metcalf  of  the  Town  of  Wrentham,  Setting 
forth,  That  since  the  Year  1751  the  Town  of  Wrentham  has  been  assessed  to  the 
Province  Tax  for  such  of  their  Inhabitants  as  were  by  the  late  running  of  the  Line 
betwixt  this  Government  and  Rhode  Island  annexed  to  the  latter,  every  Year  till 
the  taking  of  the  last  valuation  1761,  which  several  Assessments  amount  in  the 
whole  to  £337.  15.  3|  and  which  they  were  restrained  from  collecting  by  order  of 
the  General  Court,  notwithstanding  which  the  Town  lyes  liable  to  the  Province 
Treasurers  Executions,  And  Praying  that  they  may  be  discharged  of  said  sum. 

In  the  House  of  Representatives;  Read  and  Ordered  That  tli'e  Prayer  of  the  Peti- 
tion be  so  far  granted  as  that  the  Treasurer  be  and  he  is  hereby  directed  and  ordered 
to  discharge  the  several  Constables  of  the  Town  of  Wrentham  from  the  Year  1751 
to  1760  inclusively,  of  the  several  sums  committed  to  them  by  tlie  Assessors  of  said 
Town  to  collect  from  the  Polls  and  Estates  that  were  seperated  from  them  by  the 
running  of  the  Line  between  this  Government  and  Rhode  Island  amounting  in  the 
whole  to  Three  hundred  and  thirty  seven  pounds  fifteen  shillings  and  three  pence 
three  farthings — In  Council  Read  and  Concurred  Consented  to  by  the  Governor." 
—Ibid.,  p.  513. 

Chap.  14.  "  Aug.  15,  1760.  In  the  House  of  Representatives  Voted  that  there  be 
granted  and  paid  out  of  the  Publick  Treasury  to  his  Excellency  Francis  Bernard 
Esq'' Governor  in  Chief  of  this  Province  the  sum  of  Three  hundred  pounds,  to  defrey 
the  Charge  of  transporting  his  Equijiage  hither.  In  Council  Read  and  Concurred 
Consented  to  by  the  Governor." — Council  Records,  vol.  XXIII.,  p.  500. 

Chap.  15.  "  Aug.  14, 1760.  A  Memorial  of  the  Selectmen  of  the  Town  of  Roxbury 
Setting  forth  that  the  Great  and  General  Court,  In  their  Session  of  the  25*  day  of 
April  AD  1759— were  pleased  to  pass  An  Act  allowing  and  impowering  Mess™ 
Joseph  Williams,  Samuel  Heath,  Ebenezer  Newell,  Jeremiah  Richards,  and  Joseph 
Mayo  Selectmen  of  said  Roxbury  to  sett  up  a  Lottery  or  Lotteries  for  the  purpose 
of  raising  Sixteen  hundred  sixty  six  pounds,  thirteen  shillings  and  four  j^ence. 
Money  tabe  improved,  in  paving  the  Publick  Highway  from  Boston  line,  to  the 
foot  of  Meeting  House  Hill,  and  said  sum  being  found  insufficient  to  accomplish  the 
said  Work— They  therefore  pray  they  may  be  further  enabled,  to  raise  by  Lottery, 
the  sum  of  Seven  hundred  and  Fifty  pounds  more,  in  order  to  Accomplish  said 
Work  &,c^"— Council  Records,  vol.  XXni.,p.  489. 

"  Jan.  22, 1761.  A  Memorial  of  Joseph  Mayo  of  Roxbury — Setting  forth  That  he's 
appointed  and  impowered  by  an  Act  of  the  General  Court,  one  of  the  directors  or 
Managers  of  a  Lottery  granted  by  said  Court  to  the  Town  of  Roxbury,  for  paving 
the  High  way  in  said  Town,  that  in  numbering  his  Book  in  the  fifth  Class  in  said 
Lottery  there  was  a  Mistake,  forasmuch  as  by  Agreement  of  all  the  managers  of 
said  Lottery  he  was  to  have  the  Third  Book  of  said  Tickets  in  said  Class,  and  each 
Book  Consist  of  One  Thousand  Numbers,  so  that  the  memorialists  Book  should 
have  been  the  third  Thousand,  yet  thro  mistake  he  began  to  Number  his  Bonk  with 
the  fourth  Thousand,  and  proceeded  as  far  as  three  Thousand  five  hundred  before 
he  discoured*  it,  that  he  had  disposed  of  many  of  them — Praying  an  Order  may 
pass  this  Court  that  all  such  person  or  persons,  as  may  be  possessed  of  any  Tickets 
signed  by  him  of  any  number  higher  than  three  Thousand  may  be  returned  to  him 
he  paying  the  purchase  money. 

In  the  House  of  Representatives ;  Read  and  Ordered  that  the  Prayer  of  this  Peti- 
tion be  granted,  and  that  all  such  Tickets  in  the  fifth  Class,  of  Roxbury  Lottery, 
Signed  by  Joseph  Mayo  the  Petitioner  (above  the  Numbers  of  three  Thousand)  be 
and  hereby  are  declared  Null  and  Void,  and  the  Covenants  Contained  in  the  Faces 
thereof;  Saving  only  to  the  Possessors  of  all  such  Tickets,  a  right  and  liberty  at 
discretion  to  return  the  same  to  the  said  Joseph  Mayo,  and  receive  their  purchase 
Money  again  viz'  two  Dollars  for  each  of  said  Ticlvets  so  returned;  any  thing  con- 
tained in  the  Faces  of  said  Tickets  to  the  Contrary  Notwithstanding. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  618. 

Chap.  16.  "  Oct.  3, 1759.  The  State  in  which  Insolvent  Debtors  find  themselves 
after  having  surrendered  their  Persons  and  discovered  their  Effects  to  their  Credit- 
ors upon  the  late  Act  for  Releif  of  Debtors  and  their  Creditors  deserves  your 
Attention,  and  you  may  depend  ui>on  my  Assistance  in  any  Remedy  which  you 
can  apply  for  their  Relief  consistent  with  equal  Justice  to  all  their  Creditors  both 
in  England  and  here,  and  consistent  with  his  Majesty's  declared  Will  in  the  disal- 
lowance already  made." — Extract  from  the  Governor's  speech  to  the  Assembly :  Coun- 
cil Records,  vol.  XXIII.,  p.  61. 

"  Oct.  4,  1759.  In  the  House  of  Representatives  Voted  That  M""  Prat,  Mr  Nyles, 
and  M""  Tyng  with  Such  as  the  honourable  Board  shall  join  be  a  Committee  to  take 
that  paragraph  in  his  Excellency's  Speech  under  consideration  respecting  Insolvent 
Debtors;  and  report  thereon. 

In  Council.  Read  and  Concurred;  and  his  Honour  the  Lieutenant  Governor  an(? 
Samuel  Danforth  Esq''^  are  joined  in  the  Affair 

The  Petitions  of  Edmund  Quincy,  Henry  Quincy  and  Edmund  Quincy  jun""  and 
of  Jeremiah  Osborne  and  Sauiuel  Osborne  all  lately  declared  Bankrupts — Setting 
forth  That  pursuant  to  the  Act  of  this  Province  intituled  '  An  Act  providing  Remedy 
for  Bankrupts  and  their  Creditors' — They  had  delivered  up  their  Bodies  and  all 
their  Effects  to  Commissioners  appointed  for  that  purpose  agreeable  to  said  Act; 

*Sic  :  discovered. 


[Notes.]  Pkovince  Laws.— 1760-61.  443 

but  before  their  Affairs  were  compleated,  his  Majesty's  Notification  was  received  by 
his  Excellency  of  his  having  by  Advice  of  his  Privy  Council  clisannuled  said  Act, 
which  has  prevented  the  relief  designed  them:  And  Praying  the  Consideration  of 
this  Court  thereon,  that  some  Remedy  may  be  granted  them  under  their  perplexed 
Circumstances. 

In  Council.  Eead  and  Ordered  That  these  Petitions  be  committed  to  the  Com- 
mittee appointed  to  take  under  consideration  that  Paragraph  in  his  Excellency's 
Speech  respecting  Insolvent  Debtors. 

In  the  House  of  Representatives.    Read  and  Concurred." — Ibid.,  p.  63. 

"  Nov.  1,  1759.  Royall  Tyler  Esq  came  up  from  the  House  with  a  Message  to 
the  Board,  to  desire  that  the  Committee  on  that  part  of  bis  Excellency's  Speech 
respecting  Insolvent  Debtors  may  sit  forthwith. 

Thomas  Hubbard  Esq  went  down  to  the  House  with  a  Message  from  the  Board 
to  acquaint  them  that  the  Chairman  of  the  Committee  on  that  Part  of  his  Excel- 
lency's Speech  respecting  Insolvent  Debtors  had  informed  the  Board  that  M""  Prat 
one  of  the  Committee,  who  is  now  out  of  Town,  has  the  Papers  relating  to  that 
Affair." — Ibid.,  j).  115. 

"  Nov.  6,  1759.  A  Bill  intituled  An  Act  for  finishing  such  Commissions  as  have 
been  begun  to  be  acted  upon  and  have  not  been  finished  during  the  continuance  in 
force  of  the  Act  providing  Remedy  for  Bankrupts  and  their  Creditors — having  been 
read  a  first  and  second  time  in  Council  and  Passed  to  be  engrossed. 

In  the  House  of  Representatives.    Read  a  first  time." — Ibid.,  p.  118. 

"  Nov.  G,  1759.  Peter  Oliver  Esq  from  the  Board  went  down  to  the  House  with  a 
Message  to  inquire  if  the  House  had  passed  on  the  Bill  sent  down  from  the  Board 
relating  to  Bankrupts  and  their  Creditors. 

Thomas  Fluker  Esq  from  the  House  came  up  to  the  Board  with  a  Message  to 
acquaint  them  that  the  House  had  passed  on  the  Bill  relating  to  Bankrupts  and 
their  Creditors  and  had  referred  the  same  to  the  next  Session." — Ibid.,  p.  120. 

"  Nov.  8, 1759.  A  Petition  of  Jeremiah  Osborne  and  Samuel  Osborne  Merchants 
and  Partners— Setting  forth  That  a  Commission  of  Bankruptcy  was  extended 
against  them  agreeable  to  a  Law  of  the  Province  then  in  force  proA'iding  Remedy 
for  Bankrupts  and  their  Creditors.  That  they  have  in  conformity  thereto  surren- 
dered themselves,  and  delivered  up  their  whole  Estate  both  Real  and  Personal  even 
to  their  necessary  wearing  Apparrell  and  Bedding  to  Assignees.  Whereupon  the 
Majority  of  their  Creditors  in  number  and  value  by  Certificate  under  their  hands 
and  seals  did  consent  that  they  should  be  discharged,  but  before  they  could  obtain 
a  Certificate  from  the  Commissioners,  his  Majesty's  disallowance  of  said  Act  was 
received,  and  in  consequence  thereof  all  further  proceedings  were  stayed.  And 
Praying  Relief. 

In  Council.  Read  and  Ordered  That  the  consideration  of  this  Petition  be  re- 
ferred to  the  second  Wednesday  of  the  next  Session  of  the  General  Court,  and  that 
in  the  mean  time  the  Petitioners  and  their  Estates  in  the  hands  of  the  assignees  be 
exempted  from  all  Arrests  and  Attachments  for  debts  contracted  before  they  were 
declared  Bankrupts,  and  all  proceedings  with  regard  to  the  Effects  and  Credits  of 
the  Petitioners  in  the  hands  of  the  assignees  be  likewise  stayed.  In  the  House 
of  Representatives.    Read  and  Concurred.    Consented  to  by  the  Governor. 

A  Petition  of  Edmund  Quincy,  Edmund  Quincy  junr  and  Henry  Quincy— Set- 
ting forth  their  comxjliance  with  the  Act  of  this  Goverment  relating  to  Bankrupts 
and  their  Creditors,  and  their  being  prevented  receiving  the  benefit  of  said  Act,  as 
particularly  mentioned  in  the  foregoing  Petition  of  Jeremiah  and  Samuel  Osborne, 
and  Praying  Releif. 

In  Council.  Read  and  Ordered  That  the  consideration  of  this  Petition  be  re- 
ferred to  the  second  Wednesday  of  the  next  Session  of  the  General  Court,  and 
that  in  the  mean  time  the  Petitioners  and  their  Estates  in  the  hands  of  the  As- 
signees be  exempted  from  all  Arrests  and  Attachments  for  debts  contracted  before 
they  were  declared  Bankrupts  and  all  proceedings  with  regard  to  the  Effects  and 
Credits  of  the  Petitioners  in  the  hands  of  the  assignees  be  likewise  staled. 

In  the  House  of  Representatives.  Read  and  Concurred  Consented  to  by  the 
Governor. 

A  Petition  of  Stephen  Whiting  of  Boston— Setting  forth  That  he  hath  in  all 
respects  complied  with  the  late  act  of  this  Goverment  providing  Remedy  for  Bank- 
rupts and  their  Creditors,  but  that  he  is  prevented  receiving  the  benefit  of  said  Act 
by  reason  of  his  Majesty's  disallowance  of  the  same,  as  particularly  mentioned  in 
the  foregoing  Petition  of  Jeremiah  &  Sam^  Osborne.    And  praying  Releif. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  further  considera- 
tion of  this  Petition  be  referred  'till  the  next  Sitting  of  this  Court.  And  all  Pro- 
ceedings with  regard  to  the  Effects  of  the  Petitioner  in  the  hands  of  the  assignees 
be  staled. 

In  Council.  Read  and  Concurred  Concurred*  to  by  the  Governor:" — Ibid.,  p. 
129. 

"  My  Lords,  The  Disallowance  of  the  Bankrupt  Act  of  this  Province  pass'd  Anno 
1757,  which  His  Majesty  was  pleased  to  make  in  Council  the  28">  day  of  July  1758 
arrived  here  the  15'h  of  June  1759.  Those  Debtors  who  upon  the  Relief  proposed  in 
this  Act  had  delivered  up  their  persons  and  effects  to  their  Creditors  and  whose 
effects  were  actually  in  the  hands  of  Assignees  But  who  were  excluded  the  benefit 
of  said  Act  by  the  arrival  of  the  Disallowance  which  putt  an  entire  stoii  to  all  pro- 
ceedings on  said  Act  Those  Debtors,  My  Lords,  remain'd  under  cruel  circumstances 
and  the  Creditors  remained  without  equitable  remedy.  I  was  applyed  to  both  by 
Creditors  and  Debtors  for  relief:  By  looking  over  the  Collection  of  Massachusets 

*Sic:  consented. 


444:  Peovince  Laws.— 1760-61.  [Notes.] 

Laws  printed  by  order  of  your  Lordships  in  Eni^land  T  find  that  upon  the  determin- 
1713-14,  ch.  14.  ing  of  a  former  Act  of  Bankruptcy  in  this  Province  tliere  was  Enacted  and  allowed 
1717-18,  ch.  3.  in  the  year  1717  an  Act  entitled  an  Act  to  enable  the  Connnissioners  for  Bankrupts 
Estates  to  finish  the  business  of  their  Commission,  which  had  its  effect.  This 
Precedent  was  sufficient  for  me  to  recommend  the  Case  of  the  Debtors  circum- 
stanced as  above.  As  I  acquainted  the  Members  of  the  House  that  I  should  pass 
no  Bill  whose  effect  was  not  suspended  till  His  Majesty's  pleasure  could  be  known 
and  as  a  Suspending  Clause  is  a  matter  which  they  will  never  come  into,  We  agreed 
upon  the  following  Method  That  a  Bill  shou'd  be  brought  in  &  accepted  but  upon 
reading  be  referr'd  over  from  Sessions  to  Sessions  till  His  Maj'y's  pleasure  might  be 
Iknown  And  that  in  the  mean  while  that  there  might  be  no  fraudulent  secreting, 
embezzling  or  unequal  application  of  effects  of  the  Debtors  then  in  the  hands  of 
the  Assignees  And  that  the  Creditors  thus  stripp'd  of  all  their  effects  might  be 
enabled  by  labour  or  otherwise  to  support  themselves.  An  Order  of  Court  shou'd 
pass  upon  the  special  Petition  of  the  Bankrupts  staying  all  proceedings  as  to  said 
persons  and  their  Effects  in  the  hands  of  the  Assignees  from  time  to  time  as  said 
Bill  was  referr'd.  I  humbly  beg  leave  to  referr  this  matter  to  Your  Lordship's  con- 
sideration that  I  may  receive  directions  therein,  as  the  channel  into  which  I  have 
been  so  happy  to  conduct  this  business  has  the  full  effect  of  a  suspending  Clause." — 
Gov.  Pownall  to  Lords  of  Trade,  Nov.  22, 1759:  "  Masf.  Bay,  B.T.,"  vol.  76, 1.  U,  81,  in 
Public-Record  Office. 

"  Jan.  4,  1760.  A  Petition  of  John  Phillips  jun''  of  Boston— Setting  forth— That 
on  the  Cfi^  of  February  1758  his  Majestys  Commission  of  Bankruptcy  issued  against 
him,  and  that  he  surrendered  himself,  his  books  and  effects  according  to  Law,  but 
before  he  had  obtained  a  Certificate  from  the  Commissioners,  his  Majesty's  dis- 
allowance of  said  Act  was  received,  whereby  his  body  is  now  become  liable  to  the 
Arrests  of  his  Creditors  and  his  Effects  in  the  bands  of  the  assignees  to  Attachments. 
And  Praying  for  Relief. 

In  Council.  Read  and  Ordered  That  Benjamin  Lynde,  Samuel  Danforth  and 
Stephen  SewallEsqrswith  Such  as  the  honourable  House  shall  join  be  a  Committee 
to  take  this  Petition  under  consideration,  and  report  thereon. 

In  the  House  of  Representatives  Read  and  Concurred  and  Mr.  Pratt,  Capt"  How- 
ard, Mr  Humphreys  and  Capt^  Newhall  are  joined  in  the  Affair." — Council  Records, 
vol.  XXIII.,p.  14'J. 

"  Jan.  10,  1760.  A  Petition  of  Edmund  Quincey  Edmund  Quincey  jun""  and 
Henry  Quincy  Persons  declared  Bankrupts—  Praying  as  entered  8"i  November  last. 

In  Council  Read  again.  And  Ordered  That  the  consideration  of  this  Petition  be 
further  referred  to  the  second  Wednesday  of  the  next  Session,  and  that  in  the  mean 
time  the  Petitioners  and  their  Estates  in  the  hands  of  the  Assignees  be  exempted 
from  all  arrests  and  attachments  for  debts  contracted  before  they  were  declared 
Bankrupts,  and  all  proceedings  with  Regard  to  the  Effects  and  Credits  of  the 
Petitioners  in  the  hands  of  the  assignees  be  likewise  stayed. 

In  the  House  of  Representatives.  Read  and  Concurred  Consented  to  by  the 
Governor. 

A  Petition  of  Jeremiah  &  Samuel  Osborne,  Persons  declared  Bankrupts  Praying 
as  entered  8  November  last. 

In  Council.  Read  again ;  And  Ordered  That  the  Consideration  of  this  Petition 
be  further  referred  to  the  second  Wednesday  of  the  next  Session,  and  that  in  the 
mean  time  the*  Assignees  be  exempted  from  all  Arrests  and  Attachments  for  debts 
contracted  before  they  were  declared  Bankrupts,  and  all  proceedings  with  regard 
to  the  Effects  and  Credits  of  the  Petitioners  in  the  hands  of  the  Assignees  be  like- 
wise stayed. 

In  the  House  of  Representatives.  Read  and  Concurred  Consented  to  by  the 
Governor. 

A  Petition  of  Stephen  Whiting,  a  Person  declared  Bankrui^t- Praying  as  entered 
7th  November  last. 

In  Council.  Read  again  and  Ordered  That  the  further  consideration  of  this  Peti- 
tion be  referred  to  the  second  Wednesday  of  the  next  May  Session;  and  all  Pro- 
ceedings with  regard  to  the  Effects  of  the  Petitioner  in  the  hands  of  the  Assignees 
are  stayed  in  the  mean  time. 

In  the  House  of  Representatives,  Read  and  Concurred.  Consented  to  by  the 
Governor." — Ibid.,  p.  159. 

"  Jan.  11,  17(50.  In  Council  Ordered  That  John  Cushing  Esq,  be  of  the  Commit- 
tee on  this  Petition  (viz*  of  John  Phillips)  in  the  room  of  Stephen  Sewall  Esq  who 
is  absent. 

In  the  House  of  Representatives.    Read  and  Concurred." — Ibid.,  p.  163. 

"Jan.  11,  1760.  A  Petition  of  James  Haywood  of  Woburne,  a  Person  declared 
Bankrupt— Setting  forth  That  He  hath  delivered  all  his  Estate,  Effects  and  Credits 
with  his  Books  and  Accounts  to  Commissioners  appointed  agreeable  to  the  Act 
providing  Remedy  for  Bankrupts  and  their  Creditors,  but  that  before  he  could 
obtain  a  Certificate  from  the  Majority  of  his  Creditors,  his  Majesty's  disallowance 
of  said  Act  was  received,  whereby  he  is  reduced  to  the  greatest  difficulties.  And 
Praying  Relief. 

In  Council.  Read  and  Ordered  That  this  Petition  be  committed  to  the  Committee 
upon  the  Petition  of  M^  John  Phillips,  said  Committee  to  report  what  they  judge 
proper  for  this  Court  to  do  thereon.  ' 

In  the  House  of  Representatives.    Read  and  Concurred." — Ibid.,  p.  164. 

"  Jan.  19,  1760.  A  Petition  of  Enos  How  of  Boston  Setting  forth— That  a  Com- 
mission of  Bankruptcy  having  been  issued  against  him,  he  surrendered  himself 

*  Sic  ;  — "  petitioners  and  their  effects  in  the  hands  of  the  "  omitted. 


[Notes.]  Peovince  Laws. — 1760-61.  445 

and  delivered  all  his  Estate,  Effects  and  Credits  with  his  Books  and  Accounts  to 
Commissioners  by  Law  appointed,  and  was  endeavouring  to  obtain  a  Certificate 
from  the  Majority  of  his  Creditors  to  lay  before  the  said  Commissioners  when  his 
Majesty's  disallowance  of  the  Act  of  this  Government  for  the  Relief  of  Bankrupts 
and  their  Creditors  was  received,  which  has  reduced  him  to  the  greatest  difficulties. 
And  Praying  Relief. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  consideration  of 
this  Petition  be  referred  to  the  second  Wednesday  of  the  next  May  Session;  and 
that  in  the  mean  time  the  Petitioner  and  his  Estate  in  the  hands  of  the  Assignees 
be  exempted  from  all  Arrests  and  Attachments  for  debts  contracted  before  he  was 
declared  Bankrupt,  and  all  Proceedings  with  regard  to  the  Effects  and  Credits  of 
the  Petitioner  in  the  hands  of  the  Assignees  be  likewise  stayed. 

In  Council.   Read  and  Concurred.    Consented  to  by  the  Governor." — Ibid.,  p.  188. 

"Jan.  21,  1760.  The  Committee  aiipointed  the  11  Instant  on  the  Petition  of 
James  Haywood  having  reported  verbally  in  favovir  of  the  Petition — In  Council 
Ordered  that  the  Consideration  thereof  be  referred  to  the  second  Wednesday  of 
the  next  Session.  And  that  in  the  mean  time  the  Petitioner  and  his  Effects  in  the 
liands  of  the  Commissioners  or  of  the  Assignees  be  exempted  from  all  Arrests  and 
Attachments  for  debts  contracted  before  he  was  declared  Bankrupt,  and  all  pro- 
ceedings with  regard  to  the  Effects  &  Credits  of  the  Petitioner  in  the  hands  of  the 
Commissioners  or  of  the  assignees  be  likewise  stayed. 

In  the  House  of  Representatives  Read  and  Concurred  Consented  to  by  the  Gov- 
ernor."— Ibid.,  p.  191. 

"  Jan.  22,  1760.  The  Committee  appointed  the  11  Instant  on  the  Petition  of  John 
Phillips  having  reported  verbally  in  favour  of  the  Petition: 

In  Council  Ordered  That  the  Consideration  thereof  be  referred  to  the  second 
Wednesday  of  the  next  Session.  And  that  in  the  mean  time  the  Petitioner  and 
his  Effects  in  the  Hands  of  the  Assignees  be  exempted  from  all  Arrests  and  Attach- 
ments for  Debts  contracted  before  he  was  declared  Bankrupt,  and  all  Proceedings 
with  regard  to  the  Effects  and  Credits  of  the  Petitioner  in  the  hands  of  the  Assign- 
ees be  likewise  stayed 

In  the  House  of  Representatives.    Read  and  Concurred." — Ibid.,  p.  192. 

"  Jan.  23,  1760.  A  Petition  of  Thomas  Walker  of  Boston,  a  Person  declared 
Bankrupt,  Setting  forth  That  he  hath  surrendered  himself  to  Commissioners  by 
Law  ap])ointed  and  made  a  full  discovery  upon  Oath,  to  them,  of  the  whole  of  his 
Estate  Effects  and  Credits,  and  in  all  things  as  far  as  in  him  lay  conformed  himself 
to  the  directions  of  the  Law,  But  before  he  could  obtain  a  Certificate  from  the 
Commissioners  his  Majesty's  disallowance  of  the  Act  was  received  whereby  he  was 
brought  into  great  diificulties.  And  Praying  Relief.  Which  Petition  having  been 
committed  to  the  Committee  upon  the  Petition  of  John  Phillips,  who  reported  in 
favour  of  said  Petition. 

In  Council  Ordered  That  the  Consideration  of  this  Petition  be  referred  to  the 
second  Wednesday  of  the  next  Session,  and  that  in  the  mean  time  the  Petitioner 
and  his  Estate  in  the  hands  of  the  Assignees  be  exempted  from  all  Arrests  and 
Attachments  for  debts  contracted  before  he  was  declared  a  Bankrupt.  And  all 
proceedings  with  regard  to  the  Effects  and  Credits  of  the  Petitioner  in  the  hands  of 
the  assignees  be  likewise  stayed. 

In  the  House  of  Representatives  Read  and  Concurred  Consented  to  by  the  Gov- 
ernor."— Ibid.,  p.  200. 

"March  22,  1760.  A  Petition  of  ArchiViald  Laws— Setting  forth  That  on  the  11'^ 
June  1759  he  became  Bankrupt  within  the  Meaning  of  the  Act  of  this  Province  Pro- 
viding remedy  for  Bankrupts  and  their  Creditors,  that  a  Commission  was  issued 
against  him  and  Commissioners  appointed,  and  likewise  an  Assignee,  to  whom  he 
has  delivered  up  all  his  Effects,  and  had  Obtained  the  Consent  of  the  major  part  of 
his  Creditors  in  number  and  Value  as  said  Act  directed  but  that  before  his  Affairs 
were  Compleated,  his  Majestys  Disallowance  of  said  Act  was  received  whereby  he 
Is  Subject  to  Arrests,  although  he  hath  thus  stripped  himself  of  his  Effects,  And 
Praying  Relief. 

In  Council  Read  and  Ordered  That  John  Cushing  and  Stephen  Sewall  Esqi's  with 
such  as  the  honourable  House  shall  appoint  be  a  Committee  to  take  the  Petition 
under  consideration  and  report. 

In  the  House  of  Representatives  Read  and  Concurred  and  Col°  Partridge  Cap' 
Bacon,  and  Major  Hartwell  are  joined  in  the  Affair." — Ibid.,  p.  28G. 

"  March  26,  1760.  A  Petition  of  Archibald  Laws,  a  person  declared  Bankrupt 
Praying  as  entered  the  22^1  Instant,  and  tlien  committed  to  a  Committee  of  both 
Houses,  who  having  reported  in  favour  of  the  Petition. 

In  Council  Read  and  Accepted.  And  Ordered  That  the  consideration  of  this  Peti- 
tion be  referred  to  the  second  AVednesday  of  the  next  May  Session:  and  that  in  the 
mean  time  the  Petitioner  and  his  Estate  in  the  hands  of  the  Assignees  be  exempted 
from  all  Arrests  and  Attachments  for  debts  Contracted  before  he  was  declared 
Bankrupt,  and  all  Proceedings  with  regard  to  the  Effects  and  Credits  of  the  Peti- 
tioner in  the  hands  of  the  Assignees  be  likewise  stayed. 

In  the  House  of  Representatives  Read  and  Concurred  Consented  to  by  the  Gov- 
ernor. 

In  Council  Whereas  there  were  Sundry  Petitions  from  Persons  against  whom 
Commissions  of  Bankruptcy  had  been  issued,  the  consideration  of  the  several  Peti- 
tions aforesaid  be  further  referred  to  the  second  Wednesday  of  the  next  May  Ses- 
sion And  that  in  the  mean  time  the  Petitioners  and  their  Estates  in  the  hands  of 
the  Assignees  be  exempted  from  all  Arrests  and  Attachments  for  debts  contracted 
before  they  were  declared  Bankrupts  and  all  Proceedings  with  regard  to  the  Effects 
and  Credits  of  the  Petitioners  in  the  hands  of  the  Assignees  be  likewise  stayed. 


446  PEOvmcE  Laws.— 1760-61.  [Notes.] 

In  the  House  of  Representatives  Read  and  Concurred  Consented  to  by  the  Gov- 
ernor."—J6icZ.,  p.  30G. 

"  April  22, 1700.  A  Petition  of  Thomas  Cooper  of  Boston — Setting  forth  That  he 
hatli  been  declared  a  Bankrupt  within  the  meaning  of  an  Act  of  this  Province  pro- 
viding remedy  for  Bankrupts  and  their  Creditors,  that  a  Commission  of  Bankruptcy 
hath  accordingly  issued  against  him,  to  which  he  hath  in  all  things  conformed,  but 
before  he  could  obtain  a  Certificate  from  his  Creditors  his  Majesty's  disallowance 
of  said  Act  was  received  and  having  delivered  up  his  Effects  he  is  now  exposed  to 
peculiar  difificulties.    And  Praying  Belief. 

A  Petition  of  Joseph  Grant  of  the  like  Import. 

In  the  House  of  Representatives  Voted  That  these  Petitions  be  referred  to  the 
second  Wednesday  of  the  next  May  Session  for  consideration;  and  that  in  the 
mean  time  the  Petitioners  and  their  Effects  in  the  hands  of  the  Assignees  be  ex- 
empted from  all  Arrests  and  Attachments  for  debts  Contracted  before  they  were 
declared  Bankrupts,  &  all  the  Pi'oceedings  with  regard  to  the  Effects  and  Credits 
of  the  Petitioners  in  the  hands  of  the  Assignees  bo  likewise  stayed. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  350. 

"  April  2i,  1760.  In  the  House  of  Representatives.  Whereas  during  the  time 
that  An  Act  intituled  An  Act  providing  remedy  for  Bankrupts  and  their  Creditors 
was  in  force,  sundry  Persons  were  in  Pursuance  thereof  declared  Bankrupts,  and 
surrendered  themselves  and  Effects  for  the  use  of  their  Creditors  according  to  tho 
Intent  of  said  Act,  but  by  reason  of  the  notice  of  the  disallowance  of  said  Act  the 
Commissioners  and  Assignees  could  not  proceed  to  make  distribution  and  finish 
their  trust  according  to  the  original  Intention  thereof,  and  many  doubts  have  arisen 
touching  such  Effects  of  such  Bankrupts  and  many  suits  have  been  or  may  be 
brought  against  such  Commissioners  Assignees  or  former  debtors  of  such  Bank- 
rupts, to  recover  out  of  their  hands  the  money  goods  or  Effects  so  given  up  or 
assigned,  which  if  permitted  to  go  on  may  occasion  great  injustice  and  expence. 

Voted  That  all  the  executive  Courts  thro  this  Province  be  and  hereby  are  Ordered 
to  continue  all  such  Actions  brought  as  aforesaid,  as  are  now  depending,  and  to 
stay  all  proceedings  on  new  Entries  of  any  such  Actions  until  after  the  second 
Wednesday  of  the  Sessions  of  the  General  Court  in  May  next. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  361. 

"  June  4,  17G0.  In  Council,  Whereas,  during  the  time  that  an  Act  entitled  An 
Act  providing  Remedy  for  Bankrupts  and  their  Creditors  was  in  force,  Sundi-y 
Persons  were  in  Pursuance  thereof  declared  Bankrupts,  and  surrendred  them- 
selves and  their  Effects  for  the  use  of  their  Creditors,  according  to  the  Intent  of 
said  Act,  but  by  reason  of  the  Notice  of  the  Disallowance  of  said  Act,  tho  Commis- 
sioners and  Assignees  could  not  proceed  to  make  Distribution  and  finish  their 
Trust  according  to  the  Original  Intention  thereof,  and  many  doubts  have  arisen 
touching  such  Effects  of  such  Bankrupts,  and  many  suits  have  been  or  may  be 
brought  against  such  Commissioners  Assignees  or  former  Debtors  of  such  Bank- 
rupts to  recover  out  of  their  hands  the  Money,  Goods  or  Effects  so  given  up,  or 
Assigned,  which  if  permitted  to  go  on  may  Occasion  great  Injustice  and  Expence, 
Voted  that  all  the  Executive  Courts  through  this  Province  be  and  hereby  are 
ordered  to  continue  all  such  Actions  brought  as  aforesaid,  as  are  now  depending 
and  to  stay  all  Proceedings  on  new  Entries  of  any  such  Actions  untill  after  the 
second  Wednesday  of  the  next  sitting  of  this  Court. 

In  the  House  of  Representatives,  Read  and  Concurred  Consented  to  by  the  Lieu- 
tenant Governor." — Ibid.,  p.  404. 

"Aug.  15,  17(iO.  In  the  House  of  Representatives— Whereas  during  the  time 
that  An  Act  providing  Remedy  for  Bankrupts  and  their  Creditors  was  in  in  force, 
sundry  Persons  were  in  pursuance  thereof  declared  Bankrupts  and  surrendered 
themselves  and  their  Effects  for  the  use  of  their  Creditors,  according  to  the  Intent 
of  said  Act,  but  by  reason  of  the  Disallowance  of  the  said  Act,  the  Commissioners 
and  Assignees  could  not  proceed  to  make  Distribution,  and  finish  their  Trust, 
according  to  the  Original  Intention  thereof,  and  many  doubts  have  Arisen,  touch- 
ing such  Effects  of  such  Bankrupts,  and  many  Suits  have  been,  or  may  be  brought 
against  such  Commissioners,  Assignees  or  former  Debtors  of  such  Bankrupts,  to 
recover  out  of  their  hands,  the  Money  Goods  or  Effects  so  given  up,  or  Assigned; 
which  if  permitted  to  go  on,  may  occasion  great  Injustice,  and  Expence 

Voted,  that  all  the  Executive  Courts  through  this  Province,  be  and  hereby  are 
ordered  to  continue  all  such  Actions  brought  as  aforesaid  as  are  now  depending, 
and  to  stay  all  proceedings  on  New  Entries  of  any  such  Actions  untill  after  such 
Actions*  Wednesday  of  the  next  Sitting  of  this  Court.  In  Council  Read  and  Con- 
curred."— Ibid.,  p.  505. 

"  We  have  received  your  Letters  to  us  dated  the  22^^  and  2Z^'^  of  November  last, 
and  having  referred  the  Draught  of  the  Bill  for  enabling  Bankrupts  to  finish  their 
Accounts  &c.  to  our  Counsel  at  Law,  for  his  opinion  upon  it.  We  shall,  as  soon  as 
he  has  made  his  Report  take  it  into  our  consideration  and  lay  it  before  His  Majesty 
for  his  directions  upon  it. 

The  dutiful  regard  you  have  shown  to  His  Majesty's  Instructions,  in  the  manner 
in  which  this  Affair  has  been  conducted,  caniujt  fail  of  meeting  His  Majesty's 
approbation,  and  the  Order  made  by  the  General  Court  for  the  stay  of  proceedings 
in  the  several  Cases  of  Bankrupts  brought  before  that  Court  by  Petition,  appears 
to  us  to  have  been  just  and  proper. 

This  Observation  leads  us  to  take  notice  of  what  you  say  in  your  letter  of  the 
22n(i  of  Nov  concerning  the  unwillingness  of  the  House  of  Representatives  to 

*  Sic:  "  the  second  "  intended  for  "  such  actions." 


[Notes.]  Pkovince  Laws.— 1760-61.  447 

admit  of  suspending  Clauses  being  inserted  in  their  Acts,  which  appears  to  us  to 
proceed  from  a  total  misapprehension  of  His  Majesty's  Instructions,  which  are  not 
directory  to  the  House  of  Kepresentatives  in  the  manner  of  the  framing  their  Bills, 
but  to  you  only  as  to  the  manner  in  which  you  are  to  apply  that  Assent  or  Nega- 
tive, which  by  the  frame  and  principles  of  the  Constitution,  is  vested  in  you;  and 
therefore  these  Instructions  are  so  far  from  being  an  Infringement  of  the  rights  of 
the  House  of  Representatives  in  framing  their  Bills,  that  it  is  a  gracious  conde- 
scension on  the  part  of  His  Majesty  by  which  Your  Negative  is  suspended,  and  you 
are  permitted  to  assent  to  such  Acts  as  you  must  otherwise,  according  to  your 
Instructions,  or  agreeable  to  your  own  judgment  and  discretion,  have  rejected,  in 
order  that  they  may  be  reserved  for  His    Majesty's    personal   consideration. 

The  Instructions  therefore  are  in  favour  of  the  people,  as  the  Bills,  to  which  those 
Instructions  refer,  passed  by  their  Representatives,  could  not  otherwise  have  their 
existence  as  Acts,  and  consequently  could  not  have  been  laid  before  His  Majesty  in 
so  short  and  so  easy  a  manner. 

This  therefore  appearing  to  us  to  be  the  true  sense  and  meaning  of  His  Majesty's 
Instructions,  We  have  thought  proper  thus  fully  to  write  our  sentiments  to  you 
upon  it;  and  at  the  same  tirne  to  transmit  to  you  the  inclosed  Resolutions  of  the 
House  of  Commons  upon  consideration  of  certain  votes  of  the  Assembly  of  Jamaica 
in  1753,  the  third  of  which  Resolutions  has  reference  to  the  case  of  the  suspending 
Clauses;  hoping  they  will  serve  to  clear  up  all  doubts  upon  this  matter  and  con- 
vince the  House  of  Representatives  of  Massachusetts  Bay  of  their  misapprehension 
of  it;  But  if,  notwithstanding  this  reasoning  and  great  authority,  they  shall  f^All 
persist  to  misapprehend  and  misrepresent  it,  It  will  be  for  His  Majesty's  consider- 
ation, what  method  it  may  be  proper  to  take  to  prevent  His  JNIajesty's  subjects 
from  being  any  longer  imposed  upon  by  such  Misrepresentations." — Lords  of  Trade 
to  Gov.  Pownall,  Feb.  6, 1760  :  "  Mass.  Bay,  B.T.,"  vol.  85,  p.  52,  in  Public-Record  Office. 
"  Lunm,  23'^  die  Maii;  Anno  SO"  Georgii  //<''  Regis,  1757. 

Resolved,  That  it  is  the  Opinion  of  this  Committee,  That  the  Six  last  Resolutions 
of  the  Assembly  of  Jamaica  of  the  29th  Day  of  October  1753,  proceed  upon  a  mani- 
fest Misapprehension  of  his  Majesty's  Instruction  to  his  Governor,  requiring  him 
not  to  give  his  Assent  to  any  Bill  of  an  iinusual  or  extraordinary  Nature  and 
Importance,  wherein  his  Majesty's  Prerogative,  or  Property  of  his  Subjects,  may  be 
prejudiced,  or  the  Trade  or  Shipjiing  of  this  Kingdom  any-ways  affected,  unless 
there  be  a  Clause  inserted,  suspending  the  Execution  of  such  Bill,  until  his  Majes- 
ty's Pleasure  shall  be  known;  and  that  such  Instruction  is  just  and  necessary, 
and  no  Alteration  of  the  Constitution  of  that  Island,  nor  any-ways  derogatory  to 
the  Rights  of  his  Subjects  ihaxQ." —Journals  of  the  House  of  Commons,  vol.  XXVII., 
p.  910. 

"In  pursuance  of  Your  Lordships  Commands  signified  to  me  by  M'  Pownall's 
letter  wherein  you  are  pleased  to  desire  my  opinion  in  point  of  Law  upon  the 
Draught  of  a  Bill  prepared  l)y  the  Legislature  of  the  Province  of  the  Massachusets 
Bay  iutitled  An  Act  for  finishing  such  Commissions  as  have  been  begun  to  be 
acted  upon  and  have  not  been  finished  during  the  continuance  in  force  of  the  Act 
providing  Remedy  for  Bankrupts  and  their  Creditors.  I  have  considered  the 
Draught  of  the  said  Act  and  find  that  an  Act  concerning  Bankrupts  and  for  the 
relief  of  their  Creditors  which  was  passed  in  this  Province  expired  in  the  Year 
171G  and  that  in  the  following  year  1717  an  Act  was  passed  to  enable  the  Commis- 
sioners for  Bankrupts  Estates"  to  finish  the  business  of  their  Commissions.  The 
Act  now  proposed  to  be  passed  is  of  the  like  nature  of  the  last  mentioned  Act  of 
1717  and  seems  to  be  as  necessary  for  the  purposes  mentioned  in  the  said  Act  and  I 
Lave  no  objection  thereto  in  point  of  \a.sv."— Report  of  Sir  Mat.  Lamb,  Feb.  20, 
1760 :  "  Mass.  Bay,  B.  T.,"  vol.  76,  Li.,  85,  in  Public-Record  Office. 
"  Friday  March  7«i  1760, 

At  a  Meeting  of  His  Majesty's  Commissrs  for  Trade  and  Plantations. 

Present 

Earl  of  Halifax 

M""  Jenyns.  M^  Hamilton 

M"-  Sloper.  M'  Bacon. 

****** 

Read  Sir  Matthew  Lamb's  Report  upon  the  Draught  of  a  Bill  prepared  by  the 
House  of  Representatives  of  the  Province  of  the  Massachusets  Bay,  for  relief  of 
Bankrupts  icho  have  not  finished  their  accounts;  and  after  some  time  spent  in  the 
consideration  of  the  said  Bill  and  Report,  it  was  ordered,  that  the  Draught  of  a 
Representation  to  His  Majesty  thereupon  should  be  ])repared,  proposing  that  the 
Governor  of  that  Province  may  have  Orders  to  pass  the  said  Bill  into  an  Act. 

Du>'K  Halifax."—"  Trade  Papeis," 
vol.  62,  p.  71,  in  Public-Record  Office. 

"  Tuesday  March  11'-'  1760. 
At  a  Meeting  of  His  Majesty's  Commissrs  for  Trade  and  Plantations 

Present 
Earl  of  Halifax 
Mf  Pelham.  M""  Jenyns. 

M"-  Sloper.  M--  Bacon. 

The  Draught  of  a  Representation  to  His  Majesty  upon  the  Draught  of  a  Bill 
prepared  by  the  House  of  Representatives  of  Massachusets  Bay  fur  relief  of  Bank- 
rupts who  hare  not  finished  their  Accounts   &c.  having  been  j^repared  pursuant  to 
Order,  was  agreed  to,  and  ordered  to  be  transcribed." — Ibid. 
"  To  the  King's  most  Excellent  Majesty 
May  it  please  Your  Majesty. 
"Wo  havo  had  under  our  consideration  the  Draught  of  a  Bill  prepared  by  the 


448  Province  Laws. — 1760-61.  [Notes.] 

Council  and  Assembly  of  the  Province  of  the  Massachusets  Bay  in  Nov  last  enti 
tuled,  An  Act  for  flnishiniE^  such  Com  missions  as  have  been  begun  to  be  acted  upon 
&  have  not  been  finished,  during  the  continuance  in  force  of  an  Act  providing 
Remedy  for  Baukrupis  &  their  Creditors. 

In  Order  to  explain  the  nature  and  object  of  this  Bill,  and  the  intention  of  the 
Legislature  in  framing  it,  Thomas  Pownall  Ksquire  your  Majesty's  Governor  of  the 
said  Province  has  represented  to  us,  that  Your  Majesty's  Itoyal  Disallowance  of 
the  Act  providing  Remedy  for  Bankrupts,  having,  upon  its  arrival  in  June  last, 
put  an  entire  stop  to  all  further  proceedings  under  that  Act,  those  Debtors,  who 
nad  delivered  up  their  persons  aud  effects  into  the  hands  of  Assignees,  remain'd 
under  cruel  circumstances  and  their  Creditors  without  equitable  remedy:  That 
many  Debtors  and  Creditors  having  applied  to  him  for  relief  and  the  Council  and 
Assembly  being  averse  to  the  passing  of  any  Act  with  a  Clause  of  Suspension,  he 
had  proposed  and  they  agreed  to  this  method  of  prejiariug  the  Draught  of  a  Bill  to 
be  laid  before  Your  Majesty  for  your  Royal  approbation. 

"SVe  have  ivferr'd  this  Bill  to  the  consideration  of  Sir  Mathew  Lamb,  one  of 
Your  Majesty's  Counsel  at  Law,  who  has  reported  to  us  that  '  he  finds  that  an  Act 
'  concerning  Bankrupts  and  for  the  relief  of  their  Creditors,  formerly  pass'd  in  this 
'  Province  expired  in  the  year  171G;  aud  that  in  the  following  year  1717  an  Act  was 
'  passed  to  enable  the  Commissioners  for  Bankrupts  Estates  to  finish  the  business 
'  of  their  Commissions.  That  the  Act  now  proposed  to  be  jiassed  is  of  the  like 
'  nature  of  the  last  mentioned  Act  of  1717  and  seems  to  be  as  necessary  for  the 
'  purposes  meution'd  in  the  said  Act;  and  that  he  has  no  objection  thereto  in  point 
'  of  Law.' 

As  therefore  the  object  of  this  Bill  apjiears  to  us  to  be  equitable  and  necessary, 
and  as  the  method  which  the  Legislature  has  adopted  for  the  attainment  of  the  end 

Eroposed,  is  regular  and  conformable  to  your  Majesty's  Instructions,  We  beg  leave 
unibly  to  lay  the  said  Bill  before  Your  JNIajesty,  together  with  the  annexed  Copy 
of  Gov'ernor  Pownall's  Letter  to  us  concerning  it,  to  the  end  that  he  may  receive 
Your  Majesty's  Directions  to  give  his  Assent  to  the  passing  of  the  said  Bill  into  a 
Law." — J'eport  of  Lords  of  Trade,  Mar.  12,  17G0  :  "  3Iass.  Bay,"  vol.  85,  p.  61,  in  Pt(b- 
lic-Record  Office. 

"  Thursday  June  12^1760. 

At  a  Meeting  of  His  Majesty's  Commissrs  for  Trade  &  Plantations. 

Present 

EarLof  Halifax 

M""  Jenyns.  M^  Hamilton. 

M''  Bacon. 
****** 

The  Secretary  laid  before  the  Board  an  Order  of  His  Majesty  in  Council  of  the 
20th  of  May  last,  approving  the  Draught  of  a  Bill  prepared  by  the  Legislature  of  the 
Massachusets  Bay,  entituled  '  An  Act  for  finishing  snch  Commissions  as  have  been 
'  begun  to  be  acted  upon  and  have  not  been  finished,  during  the  continuance  in  force 
'  of  an  Act  providing  Remedy  for  Bankrupts  and  their  Creditors,'  and  directing  the 
Governor  to  pass  Ihe  same  into  a  Law. 

Ordered  that  the  Secretary  do  transmit  the  said  Order,  together  with  a  Copy  of 
the  Board's  Representation  to  His  Majesty  upon  the  said  Bill,  to  the  Governor  of 
the  Massaclinscts  Hay. 

****** 

Dunk  Halifax."—"  Trade  Papers,^' 
vol.  62,  p.  157,  in  Public-Record  Office. 

"  Sir,  I  am  directed  by  the  Lords  Commiss'^^  for  Trade  and  Plantations  to  send 
you  the  inclosed  Order  of  his  Majesty  in  Council  on  the  20"i  of  May  last,  approving 
the  Draught  of  a  Bill  prepared  by  the  General  Court  of  Massachusets  Bay  entitled 
An  Act  ior  finishing  such  Commissions  as  have  been  begun  to  be  acted  upon  and 
have  not  been  finished  &c=»  and  directing  you  to  pass  the  same  into  a  Law. 

I  am  also  directed  to  send  you  the  inclosed  Copy  of  their  Lordships  Report  to 
His  Majesty  upon  this  Bill,  to"^  the  'end  you  may  be  apjirized  of  the  Grounds  and 
Reasons  upon  which  the  aboveraentioned  Order  was  founded." — Sec.  Pownall  to 
Gov.  Bernard,  June  13,  17(iO :  "  3Iass.  Bay,  B.  T.,"  vol.  S5,  p.  Go,  in  Public-Record 
Office. 

Chap.  17.  "Jan.  26,  1761.  In  the  House  of  Representatives;  The  House  taking 
into  consideration  his  Excellency's  Message  of  the  13"i  Instant  i^assed  the  following 
Votes  viz' 

Voted,  That  a  Bill  be  brought  in  for  providing  a  Truck  Trade  with  the  Indians 
at  Fort  Pownall,  and  at  Fort  Halifax  as  soon  as  may  be.        ***** 

In  Council  Read  and  Concurred  and  Ordered  That  Thomas  Hubbard  Esq""  with 
such  as  the  honouralile  House  shall  join  be  a  Committee  to  bring  in  a  Bill  provid- 
ing for  a  Truck  Trade  with  the  Indians. 

In  the  House  of  Representatives;  Read  and  Concurred  and  Colo  Phillijis  and  Col" 
Clapp  are  joined  in  the  Ailair.  Consented  to  by  the  Governor." — Council  Records, 
vol.  XXIII.,  p.  631. 

"  Jan.  31,  1761.  In  the  House  of  Representatives;  Ordered  that  Col"  Prebble  and 
Captain  Lithgow  be  directed  to  carrj^  on  the  Truck  Trade  at  the  Forts  where  they 
are  stationed;  till  the  further  order  of  this  Court,  not  exceeding  one  Year,  and 
that  the  Law  relating  to  that  Affair  be  sent  tliem  for  their  directioia  therein. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  654. 

Chap.  18.    See  notes  to  1763-Ci,  chapter  19,  and  1767-68,  chapter  12. 


[Notes.]  Province  Laws. — 1760-61.  449 

Chap.  20.  "  Dec.  18,  1160.  In  Council,  Ordered,  that  the  HonMe  Thomas  Hutch- 
inson Esqr  Samuel  Danforth,  Samuel  Watts,  William  Brattle,  and  Thomas  Hubbard 
Esq"  with  such  as  the  honourable  House  shall  appoint  be  a  Committee,  to  revise 
the  Laws,  relating  to  the  Sabbath. 

In  the  House  of  Representatives:  Head  and  Concurred,  and  M""  Speaker,  Col° 
Clapp,  Colo  Buckminster,  Colo  Williams  M^  Tyler,  M"-  Fluoker,  M^  Foster,  Col" 
Lawrence,  Major  Morey  Cap'  Howard  and  Cai^tain  Richardson  are  joined  in  the 
Affair." — Council  Records,  rol.  XXIII.,  p.  512. 

"  Jan.  28, 17G1.  In  the  House  of  Representatives;  Ordered  that  the  Secretary  he 
directed  to  cause  the  Bill  for  making  more  effectual  Provision  for  the  due  observa- 
tion of  the  Lords  day  to  be  printed  as  soon  as  may  be,  and  sent  into  the  several 
Towns  and  Districts  thro  the  Province,  and  lodged  with  their  Clerks  or  Selectmen. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  2^-  641. 

"  Ordered  that  the  Draught  of  a  Letter  to  the  Governor  of  the  Massachusetts  Bay 
be  prepared  upon  the  three  following  points:  — 

First  to  signify  to  him  that,  as  the  Act '  for  the  better  Observance  of  the  Lord's 
Day,'  does  repeal  three  former  Acts  confirmed  by  the  Crown,  heonght  not,  in  obedi- 
ence to  his  Instructions,  to  have  assented  to  it,  without  having  first  transmitted  a 
Draught  of  it,  or  without  having  a  clause  of  suspension  inserted  in  it." — From 
nuHutes  of  the  Board  of  Trade,  Feb.  2,  1762:  "  Trade  Papers,"  vol,  64,  jj.  27,  in  Public- 
Record  Office. 

"  It  is  necessary  however  we  should  observe  to  you,  that  as  the  Act  for  the  better 
observation  of  the  Lords  Day  does  repeal  other  Acts  passed  for  the  same  purpose 
in  1G92,  171G  and  1727,  all  of  which  appear'd  to  have  been  confirm'd  by  the  Crown, 
it  was  your  duty  in  obedience  to  His  Majestj''s  Instructions,  not  to  have  assented 
to  an  Act  for  rescinding  the  former  Laws,  without  having  first  transmitted  a 
Draught  of  it,  for  His  Majesty's  approbation,  or  without  a  Clause  being  inserted 
therein,  suspending  its  execution,  until  His  Majesty's  i)leasure  could  have  been 
known. 

We  are  not  without  approbation,*  that  the  very  few  instances  there  are,  in  the 
administration  of  your  Predecessors,  of  a  due  observance  of  that  Instruction,  to 
which  this  case  refers,  may  have  produced  the  like  inattention  in  you:  But  as  it 
appears  to  us  that  this  Instruction  is  founded  upon  just  constitutional  principles  of 
Government  it  ought  never  to  be  departed  from,  liut  in  cases  of  real  exigency,  not 
admitting  of  the  loss  of  so  much  time  as  would  necessarily  intervene  between  the 
passing  of  the  Act  and  the  notification  of  the  Crown's  assent  to  it. 

This  Act  however  does  not  come  within  that  description  and  therefore  you  ought 
not  to  have  assented  to  it,  under  the  circumstances  we  have  stated  before  the 
Crown's  assent  could  have  been  known." — Lords  of  Trade  to  Gov.  Bernard,  Feb. '^t 
1762;  "Mass.  Baij,  B.  T,  vol.  86,  p.  134,  in  Public-Record  Office. 

"  I  have  just  received  Your  Lordships  letter  dated  Feb""?  4*  and  in  regard  to 
Your  Lordships  Observations  on  the  Act  for  the  better  observation  of  the  Lords 
Day,  would  lose  no  time  in  informing  Your  Lordships  of  what  occurred  to  me  in 
passing  that  Act. 

I  did  not  consider  it  to  be  a  repealing  Act,  but  rather  a  consolidating  one:  tho' 
when  many  Acts  are  reduced  into  one,  it  is  expedient  to  repeal  the  others,  yet  if 
the  substance  of  them  is  preserved  in  the  New  Act,  the  old  ones  are  not  virtually 
tho'  formally  repealed.  If  I  had  thought  it  to  be  within  the  spirit  of  the  instruc- 
tion and  therefore  to  have  required  a  suspending  Clause,  I  must  have  negatived 
the  Act,  for  such  is  the  present  prejudice  against  suspending  Clauses,  that  they 
would  give  up  an  useful  Act,  which  I  take  this  to  be,  rather  than  agree  to  a  sus- 
pending Clause  and  perhaps  this  may  have  been  the  reason  why  my  predecessors 
have  not  strictly  observed  that  instruction. 

But  tho'  I  think  this  an  useful  Act  as  it  appears  to  me  to  be  a  quieting  one,  I  am 
not  so  well  satisfied  with  the  Act  additional  to  it  which  passed  the  next  Session. 
And  yet  I  could  not  negative  it,  because  I  could  not  avow  the  reasons  of  my  dis- 
approbation of  it,  which  were  founded  on  a  suspicion  that  the  Powers  thereby 
granted  to  the  Wardens  was  too  great  to  be  committed  to  ofiicious  and  injudicious 
people,  into  whose  hands  it  must  sometimes  fall,  especially  as  an  extraordinary 
show  of  zeal  would  often  direct  the  choice." — Gov.  Bernard  to  Lords  of  Trade,  May 
17,  1762  :  "Mass.  Bay,  B.  T.,"  vol.  78,  L.  I.,  37,  in  Public-Record  Office. 

Chap.  22.  "  Nov.  19, 1761.  In  the  House  of  Representatives;  On  a  Motion  made 
and  seconded.  Ordered  That  if  any  of  the  Tickets  in  a  Lottery  for  the  repairing  the 
Causeway  on  the  Westerly  side  of  Sudbury  River  and  for  Building  a  Bridge  over 
said  River  should  remain  unsold  at  the  time  that  may  be  set  by  the  Managers 
of  said  Lottery  for  drawing  the  same,  Samuel  Parris  the  Treasurer  of  the  Town  of 
Sudbury  shall  take  such  Tickets,  the  Profits  of  which  shall  be  applied  towards 
repairing  the  Causeway  and  the  building  the  Bridge  aforesaid  and  from  time  to 
time  keeping  the  same  in  repair;  and  if  there  be  any  loss  it  shall  be  made  good  out 
of  the  clear  Profits  arising  by  said  Lottery  and  the  Tickets  so  remaining  shall  by 
the  Managers  be  delivered  into  the  hands  of  said  Treasurer  some  time  before  they 
begin  to  draw.  Provided  always  that  the  number  of  Tickets  so  left  shall  not  exceed 
in  value  more  than  one  half  of  the  neat  proceeds  of  said  Lottery.  In  Council 
Read  and  Concurred  Consented  to  by  the  Governor."— C'ow7ici^  Records,  vol. 
XXIV.,  p.  113. 

"  Jan.  16,  1762.  In  the  House  of  Representatives.  On  a  motion  made  and  sec- 
onded. Ordered  That  if  any  of  the  Tickets  in  a  Lottery  for  the  repairing  the  Cause- 
way on  the  Westerly  side  of  Sudbury  River  and  for  building  a  Bridge  over  said 

•  Apprehension  ? 


450  Province  Laws. — 1760-61.  [Notes.] 

River  shall  remain  unsold  at  the  time  that  may  be  set  by  the  Managers  of  said 
Lottery  for  drawing  the  same:  Samuel  Paris  the  Treasurer  of  the  Town  of  Sud- 
bury shall  take  such  Tickets;  the  Profits  of  which  shall  be  applied  towards  repair- 
ing the  Causeway,  and  building  the  Bridge  aforesaid,  and  from  time  to  time 
keeping  the  same  in  repair;  and  if  there  be  any  Loss,  it  shall  be  made  good  out  of 
the  clear  profits  arising  by  said  Lottery,  and  the  Tickets  so  remaining  shall  by  the 
Managers  be  delivered  into  the  hands  of  said  Treasurer  some  time  before  the  begin 
to  draw.  Provided  always  That  the  neat  proceeds  or  Profits  of  said  Lottery  shall 
not  hereby  be  lessened  more  than  five  per  cent  of  the  whole;  the  Vote  of  this  Court 
of  19"^  November  last  or  any  thing  therein  contained  to  the  contrary  Notwithstand- 
ing—In Council  Read  and  Concurred  Consented  toby  the  Governor." — Ibid.,  p.  180. 

Chap.  25.  "  This  Act  extends  the  power  of  the  Superior  Court  at  Falmouth  to 
Cases  not  provided  for  or  intended  by  the  said  Recited  Act  and  whether  it  be 
necessary  to  give  such  Powers  to  the  said  Court  without  some  reasons  given  for  it, 
I  must  submit  to  Your  Lordships  judgment." — Sir  M.  Latnb's  report,  May  22,  1702: 
"Mass.  Bay,  B.  T.,"  vol.  78,  L.  L,  31,  in  Fublic-Itecord  Office. 

Chap.  29.    See  notes  to  chapter  20,  ante. 

Chap.  32.  "April  6,  1761.  A  Petition  of  Jacob  Wendell  Esq'  Setting  forth— 
That  by  the  late  laying  out  the  Streets  in  that  part  of  the  Town  of  Boston  which 
was  laid  Waste  by  Fire,  there  is  not  sufficient  Room  allowed  for  the  working  the 
Pumps  which  belong  to  his  Still  House.  And  praying  that  there  may  be  the 
necessary  alteration  made  for  that  purpose. 

In  Council  Read  and  Ordered  That  John  Erving  and  James  Bowdoin  Esq"  with 
such  as  the  honourable  House  shall  join  be  a  Committee  to  view  the  Premisses  and 
Report. 

In  the  House  of  Representatives;  Read  and  Concurred  and  Col"  Ward,  Col° 
Phillips  and  M''  Flucker  are  joined  in  the  Affair." — Council  Records,  vol.  XXIII., 
p.  mi. 

"  April  16, 1761.  The  Committee  appointed  the  6"»  Instant  on  the  Petition  of 
Jacob  Wendell  Esq'  Praying  for  an  alteration  in  one  of  the  Streets  in  the  Town 
of  Boston  as  laid  out  since  the  Fire — reported  in  favour  of  said  Petition;  which 
Report  was  In  Council  Read  and  accepted;  and  Ordered  that  the  Petitioner  have 
leave  to  bring  in  a  Bill  accordingly. 

In  the  House  of  Representatives;  Read  and  Accepted." — Ibid.,  p.  739. 

Chap.  33.  "  Jan.  15, 1761.  A  Petition  of  William  Williams  Esq'  Agent  for  sun- 
dry Towns  in  the  County  of  Hampshire, — Praying  the  said  County  may  be  divided 
into  two  seperate  and  distinct  Counties  by  the  bounds  therein  described. 

In  the  House  of  Representatives;  Read  and  Ordered,  That  the  Petitioner  notify 
the  scA^eral  Towns  in  the  County  of  Hampshire  with  Copies  of  this  Petition,  by 
inserting  tlje  substance  thereof  in  the  Boston  News  Papers  three  Weeks  succes- 
sively, tliat  they  shew  Cause,  if  any  they  have,  on  the  second  Tuesday  of  the  next 
Sitting  of  this  Court,  why  the  Prayer  thereof  should  not  be  granted 

In  Council  Read  and  Concurred." — Council  Records,  vol.  XXIII.,  p.  601. 

"April  8,  1761.  A  Petition  of  William  Williams  Esq'  Praying  for  a  division  of 
the  County  of  Hampshire,  and  for  erecting  a  New  County  out  of  the  same  as  en- 
tered 15:  January  last. 

In  Council  Read  again,  and  Ordered  that  Samuel  Danforth  and  William  Brattle 
Esq"  with  such  as  the  honourable  House  shall  join  be  a  Committee  to  take  this 
Petition  under  Consideration,  hear  any  of  the  Parties  that  may  be  attending  and 
make  Report. 

In  the  House  of  Representatives;  Read  and  Concurred  and  Colo  Choate,  Col" 
Murrey  and  M''  Belcher  are  join'd  in  the  Affair." — Ibid.,  p.  706. 
*•  "  April  9, 1761.    On  the  Petition  of  William  Williams  Esq""  for  the  division  of  the 

County  of  Hampshire — In  Council  Ordered  That  Benjamin  Lynde  be  added  to  the 
Committee 

In  the  House  of  Representatives;  Read  and  Concurred  and  Ordered  that  M"" 
Witt  be  added  to  the  Committee, 

In  Council  Read  and  Concurred." — Ibid.,  p.  708. 

"  April  14,  1761.  The  Committee  appointed  to  consider  the  Petition  of  William 
Williams  Esquire  in  behalf  of  sundry  Towns  in  the  County  of  Hampshire,  praying 
for  a  division  of  said  County — Reported  That  the  Prayer  of  tlie  Petition  be  so  far 
granted  as  that  the  Petitioner  have  liberty  to  bring  in  a  Bill  for  dividing  the  said 
County  of  Hampshire  according  to  a  divisional  Line  mentioned  in  said  Report. 

(Signed)  B.  Ly>ide  <\^  order 

In  Council  Read  and  Accepted 

In  the  House  of  Representatives;  Read  and  Concurred." — Ibid.,  p.  726. 

"  Feb.  8,  1762.  In  the  House  of  Representatives,  It  appearing  to  this  Court  that 
by  the  Law  erecting  the  County  of  Berkshire  no  Provision  is  made  for  appointing  a 
County  Treasurer  for  said  County. 

Therefore  Voted  That  Mark  Hopkins  of  Great  Barrington  be,  and  he  is  hereby 
appointed  Treasurer  of  the  said  County  of  Berkshire  with  full  Power  to  do  and 
transact  all  things  that  a  County  Treasurer  by  Law  may  do,  and  that  before  he 
enter  upon  his  Office  he  be  sworn  before  the  Court  of  General  Sessions  in  said 
County,  or  two  Justices  of  the  Peace  Quorum  Unus  to  the  faithful  discharge  of  liis 
Office  and  to  continue  in  said  Office  until  the  Towns  in  said  County  proceed  to 
choose  a  County  Treasurer  agreeable  to  Law — In  Council  Read  and  Concurred 
Consented  to  by  the  Governor."— 7&i(L,  vol.  XXIV.,  p.  240. 


[Notes.]  Peovince  Laws. — 17G0-61.  451 

"  This  Act  has  a  Clause  giving  the  like  power  as  the  first  mentioned  Act  which  I 
have  taken  notice  of  there,  by  impowering  the  Superior  Court  of  the  County  of 
Hampshire  to  have  jurisdiction  and  trial  of  all  Actions  &c.  arising  within  the 
County  of  Berkshire,  in  the  same  manner  as  if  they  had  arisen  in  the  County  of 
Hampshire."— /Vh-  M.  Lamb's  7-eport,  May  22,  17G2  :  ''Mass.  Baij,  B.  T.,"  vol.  78,  L.  L, 
31,  in  Puhlic-Record  Office. 

Chap.  34.  "  April  7,  1761.  In  the  House  of  Representatives  Order'd  that  Major 
Ashley  and  Col"  Partridge  with  such  as  the  honourable  Board  shall  join,  be  a  Com- 
mittee to  bring  in  a  Bill  to  incorporate  the  Plantation  called  Pontoosuck  into  a 
Town,  with  Town  Priviledges.  Also  another  Bill  to  incorporate  the  Plantation 
called  No  1.  into  a  Town  and  also  another  Bill  to  incorporate  the  Plantation  called 
No  3.  into  a  Town  all  lying  in  the  County  of  Hampshire. 

In  Council  Read  and  Concurred  and  Israel  Williams  Esq^  is  join'd  in  the  Affair." 
— Council  Ri'cords,  vol.  XXIII.,  p.  700. 

"My  Lords,  Your  Lordships  will  observe  among  the  Acts  of  Assembly  passed 
here  in  April  last  one  for  erecting  part  of  the  County  of  Hampshire  into  a  new 
County  called  Berkshire  and  another  for  erecting  a  Plantation  called  Pontoosuck 
into  a  Town  by  the  name  of  Pitsfield.  Together  with  the  Bill  for  the  new  County 
were  sent  up  for  my  consent  five*  other  bills  constituting  New  Townships  4  where- 
of are  within  the  County  of  Berkshire.  As  these  bills  were  wholly  silent  about 
these  Towns  sending  Members,  I  by  a  Message  informed  the  House  of  my  instruc- 
tion on  that  subject  and  desired  they  would  alter  the  Bills  so  that  I  might  be  able 
to  pass  them  (See  Votes  354)  This  produced  some  popular  harangues  which  ended 
in  an  Answer  to  my  Message  as  in  the  Votes  3(50.  The  Towns  themselves  were 
willing  to  waive  their  right  of  sending  Representatives,  but  some  g<=!ntlemen  in  the 
House  opposed  the  allowing  them  to  waive  their  priviledge,  the  result  of  which  was 
I  rejected  four  of  the  Bills  but  in  regard  to  Pontoosuck,  the  circumstances  were  so 
distinguishing  that  I  could  not  so  easily  get  I'id  of  that.  This  Town  was  appointed 
immediately  one  of  the  two  County  Towns  and  from  its  situation  and  other  advan- 
tages will  probably  be  the  only  County  Town.  In  favor  of  this  Town's  sending  a 
Representative  it  was  averred  that  it  was  not  intended  bj'  that  Instruction  to  pre- 
vent ne\v  settled  Counties  being  represented  but  only  to  put  a  stop  to  multiplying 
Representatives  in  tlie  old  Counties;  And  that  this  has  been  understood  in  regard 
to  Pownalborough  the  chief  Town  in  the  new  County  of  Lincoln,  which  it  was  1759-60,  chap, 
expected  would  soon  be  allowed  to  send  a  Member  I  could  not  either  admit  or  con-  23,  and  note, 
tradict  this  and  therefore  I  took  a  middle  way  I  passed  the  bill  upon  their  adding 
a  Clause  suspending  the  Election  in  1763.  By  these  means  if  Your  Lordships  should 
disapprove  it's  sending  a  Representative  there  will  he  time  enough  for  the  con- 
demning the  Bill  before  the  right  takes  place.  But  I  flatter  myself  that  your  Lord- 
ships will  not  disapprove  of  this  Town's  sending  a  Representative.  With  this  one 
included  the  County  will  have  but  3  Representatives,  and  as  it  promises  to  fill  very 
fast  will  probably  soon  have  occasion  to  petition  for  more.  I  hope  however,  if  I 
should  be  wrong,  the  caution  with  which  I  have  proceeded  will  in  jiart  excuse  me. 

It  seems  plain  to  me  that  the  ]irohibiting  instruction  had  its  rise  from  a  practice 
Avhicli  had  prevailed  of  dividing  Towns  and  thereby  increasing  the  Members  in  the 
Old  Counties  and  was  chiefly  intended  against  that.  It  is  also  obvious  that  the 
new  Settled  Counties  have  a  right  to  be  represented.  But  yet  there  is  such  danger 
to  be  apprehended  from  the  house  of  Representatives  continually  increasing  that 
it  is  time  to  put  a  stop  to  it  by  some  means,  tho'  it  were  to  be  wished  that  it  could 
be  done  without  denying  new  Settlers  the  natural  and  constitutional  right  of  being 
represented.  The  increase  of  the  number  of  Representatives  seems  to  endanger 
the  Constitution  itself.  By  the  Charter  the  Council  and  by  tisage  many  other 
Olficers  are  elected  by  the  Council  and  Representatives  voting  promiscuously.  In 
the  year  1718  there  were  but  91  Writs  issued,  in  1692  when  the  Charter  was  opened 
]irobably  not  above  84,  Now  there  is  near  170  And  yet  the  Council  keeps  its  old 
Number  of  28,  So  that  the  Assembly  were  to  the  Council  at  the  time  of  their  first 
Meeting  as  3  to  1  now  they  are  6  to  1  and  consequently  the  Councils  share  in  Elec- 
tions is  diminished  by  half.  It  is  also  known  by  experience,  that  a  large  number 
of  people  do  not  dispatch  the  public  business  so  well  as  a  more  confined  number 
would  do.  And  yet  I  fear  it  will  be  found  very  difficult  to  persuade  the  Assembly 
to  reduce  their  number  to  purpose,  although  it  would  ])e  very  agreeable  to  many 
Towns  to  be  discharged  from  the  expense  of  sending  a  Member,  or  what  would  be 
more  proper,  several  Towns  might  be  united  into  one  borough,  as  in  Scotland. 
Something  of  this  kind  should  be  done,  before  any  considerable  addition  of  Mem- 
bers should  be  made  from  the  New  Counties. 

The  Assembly  has  since  got  over  the  difficulty  of  suspending  the  right  of  sending 
Representatives  in  the  bills  for  erecting  Townships.  In  the  l)ills  of  the  last  Session 
may  be  seen  several  instances  of  that  clause  being  inserted,  but  they  are  not  in  a 
new  County,  excepting  one  which  is  taken  out  of  an  old  Town." — Gov.  Bernard's 
letter  to  Lords  of  Trade,  Aug.  3, 1761:  "  Mass.  Bay,  B.  T.,"  vol.  78,  L.  I.,  26,  in  Puhlic- 
Record  Office. 

"  Thursday  November  19.  1761. 

At  a  Meeting  of  His  Maj'y'^  Commissrs  for  Trade  and  Plantations. 

Present. 

Lord  Sandys. 

M""  Jenyns.  M""  Bacon. 

Sr  Ednid  Thomas^  M-"  Rice. 

*Colrain,  in  Hampshire,  and  Pittsfield, Tyringham  [No.  1.],  Sandisfield  [No.  3.],  and  Becket 
[No.  4.],  in  Berkshire,  county. 


452  Province  Laws.— 1760-61.  [Notes.] 

•  .    *  *  *  •  * 

Read  a  letter  from  Francis  Bernard  Esq''^,  Governor  of  Massaclmsets  Bay  dated 
August  3.  1761,  containing  his  sentiments  upon  tlie  inconveniencies  likely  to  follow 
from  the  continual  increase  of  the  number  of  Representatives. 

Their  Lordships  took  the  said  Letter  into  consideration  and  several  parts  of  the 
Royal  Charter  of  the  Massachusets  Bay  and  also  some  Clauses  in  an  Act  passed  in 
that  Province  in  1693,  for  ascertaining  the  number  of  Representatives  in  Assembly, 
having  been  read,  their  Lordships  after  some  time  spent  in  deliberation  upon  the 
subject  matter  of  Gov  Bernard's  Letter,  agreed  to  take  the  same  into  further  con- 
sideration at  another  opportunity. 

Sandys." — "  Trade  Papers,'" 
vol.  63,  p.  371,  in  Public-Record  Office. 

"  Tuesday  November  24.  1761. 

At  a  Meeting  of  His  Maj'y'"  Commissfs  for  Trade  and  Plantations 

Present. 

Lord  Sandys. 

M"^  Jenyns.  M""  Bacon. 

Sf  Edmd  Thomas.  M""  Rice. 

Their  Lordships  took  into  further  consideration  the  Letters  and  Papers  lately 
received  from  the  Governor  of  the  Massachusets  Bay  and  the  Draught  of  a  Letter 
to  him,  in  answer  thereto,  was  approved  and  ordered  to  be  transcribed. 
****** 

Sandys."— 76/fZ.,  p.  378. 

"  Sir,  We  have  received  your  Letters  to  us  dated  the  B^d  G"i  and  27"'  of  August 
last,  and  the  Papers  transmitted  with  them. 

The  subject  matter  of  the  first  of  these  Letters  is  of  so  great  importance,  and  so 
many  Doubts  and  Questions  have  occurred  to  us  upon  a  consideration  of  those  parts 
of  the  Charter  and  of  the  Act  of  1692,  which  relate  to  the  Constitution  of  the  House 
of  Representatives  that  We  do  not  care  hastily  to  pass  a  Judgment  upon  it;  We 
are  convinced  however  that  the  directions  contained  in  the  40"!  Article  of  his  late 
Majesty's  Instructions  to  you,  were  by  no  means  a  proper  Remedy  to  the  Evil  com- 
plained of,  and  have  therefore  omitted  it  in  the  Draught  approved  and  signed  by  his 
present  Majesty,  intending  wh^n  the  Act  for  establishing  the  Township  of  Pitts- 
field  shall  come  before  us,  to  take  that  opportunity  of  laying  before  his  Majesty  our 
Sentiments  at  large  upon  this  matter;  In  the  mean  time  We  cannot  but  be  of  opin- 
ion that  those  Acts  for  erecting  Townships  which  are  totally  silent  as  to  the  right 
of  choosing  a  Representative,  are  most  consistent  with  the  Constitution  as  settled 
by  the  Act  of  1692  by  which  the  Circumstances  under  which  each  Township  shall 
elect  one  or  more  Representatives  are  fixed  and  ascertained." — Lords  of  Trade  to 
Gov.  Bernard,  A^ov.  25,  1761:  "Mass.  Bay,  B.  T.,"  vol.  86,  p.  130,  in  Public-Record 
Office. 

"  Feb.  23,  1762.  The  Secretary  by  order  of  his  Excellency  the  Governor  went 
down  to  the  House  of  Representatives  with  the  following  Message  viz' 

Gentlemen  of  the  House  of  Representatives 

In  the  last  Session  of  the  last  General  Court,  I  laid  before  the  House  an  Instruc- 
tion concerning  jiassing  Bills  for  erecting  Townships,  whereby  I  was  disallowed 
from  passing  any  Bill  oi  that  kind  without  a  clause  to  suspend  the  right  of  sending  a 
Representative:  But  as  it  seemed  to  me  that  this  instruction  was  rather  calculated 
to  prevent  the  multiplying  Representatives  in  the  old  Counties,  than  intended  to 
hinder  the  new  Counties  from  being  represented  at  all:  I  submitted  this  matter  to 
the  Lords  of  Trade  in  such  a  manner  that  they  have  been  pleased  to  recommend 
the  omission  of  that  instruction  in  the  Sett  I  have  received  from  his  present  Majesty, 
and  I  am  accordingly  discharged  from  it.  Fka  Berhav^ti. "—Council 

Recoids,  vol.  XXIV.,  p.  286. 

"  There  is  a  saving  in  this  Act  that  the  Township  thereby  erected  shall  not  have 
liberty  to  send  a  Representative  to  the  General  Court  until  the  General  Election  in 
May  1763, 1  submit  to  Your  Lordships  if  such  jiower  should  be  allowed  of  by  Act  of 
Assembly  without  proper  directions  being  first  had  for  that  ]iurpose." — Sir  M. 
Lamb's  report,  May  22,  1762  :  "  3Iass.  Bay,  B.  T.,"  vol.  78,  L.  I.,  31,  in  Public-Record 
Office. 

"  Sir,  His  Majesty's  Counsel  at  Law,  appointed  for  the  service  of  this  Board,  hav- 
ing made  his  Report  to  us  upon  the  Acts  of  the  Province  of  the  Massachusetts  Bay 
passed  in  April,  June  and  July  1761,  We  have  had  them  under  our  consideration 
and  as  they  do,  for  the  most  part,  relate  to  the  internal  Police*  and  more  i^rivate 
ceconomical  concerns  of  the  Province,  nothing  material  has  occurred  to  us  upon  any 
of  them,  except  the  Acts  which  ai-e  for  incorporating  and  estalilishing  new  Counties 
and  Towns,  more  particularly  those  for  incorporating  the  County  of  Berks  and 
Town  of  Pitstield,  mentioned  in  your  letter  to  us  of  the  -^^J  of  August  1761. 

We  entirely  agree  Avith  you  in  opinion  that  the  great  increase  of  the  House  of 
Representatives,  whilst  the  number  of  the  Council  remains  fixed  and  unalterable, 
must,  from  the  nature  and  form  of  the  Constitution  as  established  by  the  Charter, 
have  very  pernicious  consequences,  and  destroy  that  Balance  which  we  presume 
was  originally  intended  to  be  kept  up  between  the  Upper  and  Lower  House  of 
Assembly. 

It  appears  however  to  us  to  be  an  evil  resulting  from  the  original  frame  of  the 
Constitution  in  what  regards  the  i-ight  of  the  people  to  choose  Representatives,  laid 
down  in  the  Charter  itself  and  in  the  Act  of  the  4"'  of  \Y"^  and  Mary  Cap.  19  which 
was  founded  upon  the  Charter  and  has  been  confirmed  by  the  Crown,  and  there- 

*  PoUcy? 


[Notes.]  Peovince  Laws. — 1760-61.  453 

fore  "We  much  doubt  the  Propriety  of  any  measures  on  the  part  of  Government 
which  might  have  the  effect  to  restrain  the  operation  of  those  fundamental  Princi- 
ples of  the  Constitution. 

In  this  view  and  consideration  of  the  Question,  it  seems  to  us,  that  the  Eemedy 
to  the  Evil  must  lye  in  the  discretion  of  the  Constituent  Parts  of  the  Government, 
and  which  we  observe  with  pleasure  have,  in  many  cases  where  Townships  have 
been  divided  in  the  old  Settlements  given  the  part  set  off  all  the  Privileges  of  In- 
corporation, except  that  of  choosing  a  Representative.  All  therefore  that  we  can 
do  upon  this  occasion  is  to  recommend  to  you  to  take  care  that  in  every  future 
division  of  a  Township  by  Act  of  Legislature  you  do  use  your  best  endeavours 
either  that  the  Part  set  off  be  so  formed  as  that  it  will  have  all  the  benefit  of  incor- 
poration without  being  entitled  under  the  Charter  or  the  Act  of  1693  to  choose  a 
Kepresentative  or  that  if  its  circumstances  be  such  as  that  it  is  absolutely  necessary 
to  be  incorporated  as  a  Township,  there  be  the  like  Clauses  of  Exceptions  as  those 
"We  have  just  mentioned  or  that  the  Inhabitants  be  directed  to  join  in  the  choice 
of  a  Representative  with  those  of  the  Township  from  which  they  have  been  set  off. 

As  to  those  Settlements  in  the  Eastern  Parts  of  the  Province,  which  from  an 
increase  of  inhabitants  are  become  entitled  to  incorporation,  they  have,  in  our 
opinion,  a  clear  indisputable  right  to  be  repi'esented  in  Assembly,  not  only  in 
virtue  of  the  Charter  and  the  Act  of  1692,  but  of  those  Principles  of  reason  and 
justice,  which  require  that  they  should  have  some  share  in  the  formation  of  those 
Liaws,  by  which  they  are  to  be  bound  and  governed,  and  therefore  We  cannot  dis- 
approve of  the  Act  for  erecting  the  Town  of  Pittsfleld,  commending  however  the 
caution  and  prudence  with  which  you  acted  in  taking  care  that  the  right  of  choosing 
a  Representative  should  not  take  place  till  His  Majesty's  pleasure  might  be  known 
upon  the  Act." — Lords  of  Trade  to  Gov.  Bernard,  June  11, 1762  :  ibid.,  vol.  86,  p.  139, 

See,  further,  notes  to  1762-63,  chapter  8,  and  1765-66,  chapter  2d,  post. 


ACTS, 
Passed     1761—62. 


[455] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-seventh  day  of  May,  A.D.  1761. 


CHAPTEK    1. 

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

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  sum  of  thuteeu  hundred  pounds  be  and  hereby  is  granted  Grant  of  £1,300, 
unto  his  most  excellent  majesty,  to  be  paid  out  of  the  public  treasury  of'^his V^es^y** 
to  his  excelleuc}',  Francis  Bernard,  Esquire,  captain-general  and  gov-  governor, 
ernor-in-chief  in   and  over  his  majesty's  province  of  the  Massachu- 
setts Bay,   to   enable   him   to   carry   on   the   affairs  of  government. 
[Passed  June  5  ;  *  published  July  1 1 . 


CHAPTEE    2. 


an  act  TO  PREVENT  SOLDIERS  AND  SEAMEN  IN  HIS  MAJESTY'S 
SERVICE  FROM  BEING  ARRESTED  FOR  DEBT. 

For  the  more  speedy  and  effectual  levj'ing  of  soldiers,  and  to  pre-  Preamble, 
vent  their  being  arrested  for  debt,  or  their  defrauding  the  government  Jsf^"^'  '^^^' 
of  the  bountj^  they  may  receive, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]     That  no  person  who  is  or  shall  be  engaged  in  his  majes-  Soidiers  and 
ty's  service,  and  in  the  pay  of  this  province,  either  as  a  non-commis-  majerty'8"8er' 
sion  officer,  private  soldier,  or  seaman,  shall,  during  his  continuance  vice  not  uabie  to 
therein,  be  liable  to  be  taken  out  of  his  majestj^'s  service,  hy  any  process     ®  *"^* 
or  execution  (unless  for  some  criminal  matter) ,  for  any  sum  under  the 
value  of  ten  pounds  sterling ;  nor  for  au}^  greater  sum,  until  oath  shall 
be  made,  b}^  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  count}'  where  the  plaintiff 
or  plaintiffs  maj'  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,  the  sum  of  ten  pounds  sterling,  at  least,  and  was  due 
on  the  fourth  day  of  April  last ;  nor,  in  either  of  the  cases  aforesaid, 
shall  the  soldier  or  soldiers  be  taken  out  of  said  service  (in  causes  crim- 
inal only  excepted) ,  unless  the  plaintiff  or  plaintiffs,  or  the  person  in 


•  Signed  July  11,  according  to  the  record. 


457 


458 


Province  Laws. — 1761-62. 


[Chap.  3.] 


Proviso. 


whose  favour  the  execution  issued,  shall  pay  the  bounty  money  the 
said  soldier  received,  unto  the  justice  or  justices  who  shall  administer 
the  oath  aforesaid ;  in  which  case  said  justice  or  justices  shall  forth- 
with transmit  the  same  to  the  treasurer  of  the  province,  particularly 
mentioning  for  whom  said  bounty  money  was  paid ;  said  sum  to  be 
recovered,  in  the  case  aforesaid,  of  the  soldier,  by  action  of  debt 
brought  therefor  by  the  person  that  paid  the  same :  and  every  non- 
commission  officer,  private  soldier,  or  seaman,  whose  bod}',  contrary  to 
the  true  intent  of  this  act,  shall  be  arrested,  by  mean  process  or  execu- 
tion, after  his  being  inlisted  into  said  service,  may  and  shall  be  set  at 
liberty,  by  any  two  justices  of  the  peace,  quorum  unus,  or  by  one  of  the 
justices  of  the  court  where  such  process  issued,  upon  application  made 
by  him  or  his  superiour  officer,  and  proof  of  his  being  entred  into  the 
service  aforesaid. 

[Sect.  2.]  And  when  it  shall  so  happen  that  an}'  non-commission 
officer,  private  soldier,  or  seaman,  shall  be  actually  committed  to  goal 
on  any  execution,  and  shall  be  liberated  as  aforesaid,  after  his  being 
dismissed  from  said  service  the  clerk  of  the  court  from  whence  the 
execution  issued  maj'  and  hereby  is  enjoined  to  give  an  alias  execution, 
upon  the  creditor's  application  therefor. 

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

[Sect.  3.]  That  no  such  non-commission  officer,  private  soldier,  or 
seaman,  as  aforesaid,  shall  have  his  person  exempted  from  arrests  for 
any  sum  or  sums  due  for  the  publick  tax  for  the  3"ear  one  thousand 
seven  hundi-ed  and  sixt}',  anything  in  this  act  to  the  contrary  notwith- 
standing. 

[Sect.  4.]  This  act  to  continue  and  be  in  force  during  the  continu- 
ance of  the  present  war  with  the  French.  [^Passed  June  6  ;  *  published 
July  11. 


CHAPTER  3. 

AN    ACT    TO    IMPOWER    THE  PROVINCE  TREASURER  TO  DRAW  BILLS 
.    OF    EXCHANGE    UPON    THE  AGENT    OF    THE    PROVINCE,  IN  GREAT 
BRITAIN. 


Preamble. 


Province  treas- 
urer empowered 
to  draw  bills  of 
exchange,  on 
the  agent,  for  a 
sum  not  exceed- 
ing £60,000,  on 
certain  con- 
ditions. 


Whereas  the  parliament  of  Great  Britain  has  made  a  grant  of  two 
hundred  thousand  pounds  sterling,  to  enable  his  majesty  to  recompence 
his  northern  colonies  in  America,  for  their  military  services  in  the  year 
one  thousand  seven  hundred  and  fiftj^-nine,  a  proportion  of  which 
grant,  it  is  humbly  expected,  will  be  assigned  this  province, — 

Be  it  enacted  b}/  the  Governor,  Council  and  House  of  Representatives, 
[Sect.  1.]  That  the  pi'ovince  treasurer  be  and  he  hereby  is  im- 
powered  and  directed  to  draw  bills  of  exchange  on  William  Bollan, 
Esq.,  agent  for  said  province  in  Great  Britain,  or,  in  case  of  his  death 
or  absence,  on  Barlow  Trecothick,  Esq.,  for  a  sum  not  exceeding  sixty 
thousand  pounds  sterling ;  and  the  said  bills  shall  be  drawn  on  the 
following  conditions;  viz.,  that  for  every  hundred  pounds  sterling 
for  which  such  bills  shall  be  drawn,  one  hundred  and  thirty-six  pounds 
lawful  money  of  this  province  shall  be  paid  into  the  province  treasury ; 
that  such  bills  shall  be  drawn,  pa^'able  to  the  persons  purchasing  the 
same,  or  to  their  order,  at  thirty  da^-s'  sight ;  but  if  the  province  agent, 
or,  in  case  of  his  death  or  absence.  Barlow  Trecothick,  Esq.,  at  the 
expiration  of  the  thirt}-  days,  shall  not  have  received  the  province's 

•  Signed  July  11,  according  to  the  record. 


[1st  Sess.] 


Peovinoe  Laws. — 1761-62. 


459 


proportion  of  the  grant  aforesaid,  then  interest  shall  be  allowed,  from 
the  expiration  of  said  thirt}^  da^'s,  at  the  rate  of  six  per  cent  per  annum 
imtil  paid  :  and  such  bills  shall  not  be  pi"otested  until  twelve  months 
shall  be  expired  from  their  respective  dates  ;  and  in  case  of  their  being 
returned  protested,  after  the  expiration  of  said  twelve  months,  the  prov- 
ince" treasurer  shall  repa}'  the  sums  received  into  the  treasury  for  such 
bills,  with  lawful  interest  from  their  respective  dates,  but  shall  not  be 
liable  to  pa}-  an}'  cost  or  damages  on  account  of  the  protesting  such 
bills  :  said  bills  to  be  of  the  form  following  ;  viz. : — 


sterling.     (No.  ),  Boston, 


1761. 


Exchange  for  £ 

Sir, 

At  thirty  days'  sight  of  this  my  first  per  exchange  (second,  third  and  fourth, 
of  the  same  tenor  and  date,  unpaid),  pay  unto  ,  or  order, 

pounds  sterling,  for  value  received,  and  charge  it  to  the 
province  of  the  Massachusetts  Bay ;  but  if  it  is  not  paid  at  said  thirty  days' 
sight,  then  pay  mterest  on  that  sum,  from  the  expiration  of  said  thirty  days 
until  paid,  at  the  rate  of  six  pounds  per  cent  per  annum  ;  and  if  this  bill  and 
interest  is  not  paid  in  one  year  from  the  date  hereof,  I  hereby  oblige  myself, 
and  successors  in  the  office  of  treasurer  of  the  province  of  the  Massachusetts 
Bay,  to  pay  said  bill,  with  interest  from  the  date  of  it,  at  the  above  rate,  until 
paid,  when  it  shall  be  returned  with  a  protest  into  the  office  aforesaid,  but  no 
other  charges  or  damages :  provided,  that,  if  payment  shall  not  be  demanded 
within  six  month  after  the  date  of  said  protest,  the  interest  shall,  from  that 
time,  determine  and  cease. 

H.  G.,  Province  Treasurer. 

To  William  Bollan,  Esq.,  agent  for  the  province  of  the  Massachusetts  Bay, 
in  London,  or,  in  case  of  his  death  or  absence,  to  Barlow  Trecothick,  Esq. 


Form  of  the  bill 
of  exchange. 


And  he  it  further  enacted^ 

[Sect.  2.]  That  the  province  treasurer  shall  and  he  hereby  is 
directed  to  prepare,  forthwith,  a  roll  for  receiving  subscriptions  for  the 
bills  aforesaid,  of  which  he  shall  give  public  notice,  that  all  persons 
inclining  vxa,y  become  subscribers.  And  the  said  subscription-roll  shall 
lie  open  to  be  subscribed,  until  the  first  day  of  July,  one  thousand  seven 
hundred  and  sixty-one ;  at  which  time,  if  a  greater  sum  than  sixty 
thousand  pounds,  aforesaid,  shall  be  subscribed,  each  subscriber  shall  be 
intitled  to  such  a  part  of  said  proportion,  in  bills,  as  his  particular  sub- 
scription shall  bear  to  the  whole  sum  subscribed. 

Provided^  always, — 

[Sect.  3.]  That  no  person  shall  be  permitted  to  subscribe  for  more 
than  one  thousand  pounds,  or  less  than  one  hundred  pounds,  sterhng  ; 
nor  shall  any  persons  be  admitted  to  subscribe,  but  such  as  are  inhabit- 
ants of  this  province,  until  the  said  first  day  of  July  next,  when,  if 
the  sum  subscribed  shall  appear  to  be  less  than  the  sixty  thousand 
pounds  sterling,  any  persons  whatsoever  shall  be  allowed  to  become 
subscribers  for  the  remainder,  and  in  such  sums  as  they  may  thinlj 
proper,  preference  being  given  to  the  inhabitants  of  this  province. 

And  he  it  further  enacted, 

[Sect.  4.]  That  if  the  sums  subscribed,  as  aforesaid,  shall  not  be 
paid  into  the  province  treasurj^  within  ten  days  after  public  notice, 
given  by  the  treasurer  in  the  Boston  Monday's  newspapers,  that  he  is 
ready  to  draw  the  bills  as  aforesaid,  then  he  shall  allow  any  person  or 
persons  whatsoever  to  become  subscribers,  in  room  of  those  who  shall 
neglect  to  pay  their  subscriptions  until  the  expiration  of  the  ten  daj-s 
aforesaid  ;  and  such  new  subscribers  shall  be  intitled  to  such  bills  upon 
their  paying  for  them  at  the  rate  aforesaid.  [^Passed  June  17  ;  *  pub- 
lished July  11. 

•  Signed  July  11,  according  to  the  record. 


Treasurer  to 
prepare  a  roU 
lor  receiving 
subscriptioujs, 
&c. 


No  person  to 
subscribe  for 
more  than 
£1,000,  or  less 
than  £100. 


If  the  sum  sub- 
scribed for  be 
not  paid  into  the 
treasury  in  ten 
days  after  notice 
given,  other 
subscribers  may 
be  admitted. 


460 


Province  Laws.— 1761-62. 


[Chap.  4.] 


CHAPTER    4. 

AN  ACT  FOR  SUPPLYrNG  THE  TREASURY  "WITH  THE  SUM  OF  FORTY- 
NINE  THOUSAND  ONE  HUNDRED  POUNDS,  TO  BE  THENCE  ISSUED 
FOR  DISCHARGING  THE  PUBLICK  DEBTS,  AND  DRAWING  THE  SAME 
INTO  THE  TREASURY  AGAIN. 

Preamble.  Whereas   it  is   necessary  that  provision  be  made  by  the  general 

court  for  discharging  the  debts  of  the  present  and  preceeding  j^ears, — 
Be  it  enacted  by  the  Governor,  Council  and  House  of  Bepresenta- 
lives, 
Treasurer  em.  [Sect,  1.]     That  the   treasurer  of  the  province  bo  and  hereby  is 

powered  to  bor.  impowered  and  directed  to  borrow,  from  such  person  or  persons  as  shall 
'°^  '  '  be  willing  to  lend  the  same,  a  sum  not  exceeding  forty-nine  thousand 
one  hundred  pounds,  in  mill'd  dollars  at  six  shillings  each,  or  in  other 
(joined  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  the  said  sum  the  treasurer  shall  give  his  receipt  or 
obligation  in  the  form  following  : — 

Form  of  the  Province  of  the  Massachusetts  Bay,  the  day  of 

receipt.  Received  of  the  sum  of  ,  for  the  use  and  ser- 

vice of  the  province  of  the  Massachusetts  Bay;  and,  in  behalf  of  said  prov- 
ince, I  do  promise  and  oblige  myself  and  successors  in  the  office  of  treasurer 
to  repay  the  said  or  order,  the  day  of  ,  one  thou- 

sand seven  hundred  and  sixty-three,  the  aforesaid  sum  of  ,  in  coined 

silver  at  six  shillings  and  eightpence  per  ounce,  or  Spanish  miU'd  doUars  at 
six  shillings  each,  with  interest,  annually,  at  the  rate  of  six  per  cent  per 
annum.  H.  G.,  Treasiu-er. 


£20,000  for  the 
late  Canada  ex- 
pedition. 


£3,500  for  forts 
and  garrisons. 


£  1,600  for  pro- 
visions, &c. 


£5,000  for 
grants. 


£1,500  for  dehta 
■where  there  is 
no  establish- 
ment, &c. 


£3,000  for  pay 
of  counsellors, 


—  and  no  receipt  shall  be  given  for  less  than  six  pounds. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  aforesaid  sum  of  forty-nine  thousand  one  hun- 
dred pounds,  when  received  into  the  treasury,  shall  be  issued  in  the 
manner  and  for  the  purposes  following ;  that  is  to  say,  the  sum  of 
twenty  thousand  pounds,  part  of  the  aforesaid  sum  of  forty-nine  thou- 
sand one  hundred  pounds,  shall  be  applied  for  compleating  the  pay- 
ment of  the  expences  of  the  expedition  against  Canada  the  last  j'ear  ; 
and  the  further  sum  of  three  thousand  five  hundred  pounds,  part  of 
the  aforesaid  sum  of  forty-nine  thousand  one  hundred  pounds,  shall  be 
applied  for  the  paj-ment  of  the  expences  of  the  several  forts  and  garri- 
sons within  this  province ;  and  the  further  sum  of  one  thousand  six 
hundred  pounds,  part  of  the  aforesaid  sum  of  forty- nine  thousand  one 
hundred  pounds,  shall  be  applied  for  purchasing  provisions  and  the 
commissary's  disbursments  for  the  service  of  the  several  forts  and  gar- 
risons within  this  province ;  and  the  further  sum  of  five  thousand 
pounds,  part  of  the  aforesaid  sum  of  fortj^-nine  thousand  one  hundred 
pounds,  shall  be  applied  for  the  pajTnent  of  the  grants  made  or  to  be 
made  by  this  court ;  and  the  farther  sum  of  fifteen  hundred  pounds, 
part  of  the  aforesaid  sum  of  forty-nine  thousand  one  hundred  pounds, 
shall  be  applied  for  the  discharge  of  debts  owing  from  this  province  to 
persons  that  have  served  or  shall  serve  them,  by  oi'der  of  this  court,  in 
such  matters  and  things  where  there  is  no  establishment  nor  any  cer- 
tain sum  assigned  for  that  purpose,  and  for  paper,  writing  and  printing 
for  this  court,  and  repairs  of  the  province-house,  court-house,  light- 
house, wood  at  Castle  William,  and  repairs  of  fortifications  within  this 
province ;  and  the  further  sum  of  thi-ee  thousand  pounds,  part  of  the 
aforesaid   sum  of  forty-nine  thousand  one  hundred  pounds,  shaU  be 


[1st  Sess.] 


Peovince  Laws.— 1761-62. 


461 


applied  for  the  pa3'ineut  of  his  majesty's  council  and  house  of  repre- 
sentatives serving  in  the  great  and  general  court  during  the  several 
sessions  of  the  present  3'ear ;  and  the  further  sum  of  four  thousand 
pounds,  part  of  the  aforesaid  sum  of  fortj-niue  thousand  one  hundred 
pounds,  shall  be  applied  for  the  pa3'ment  of  the  charge  of  maintaining 
armed  vessels  of  war  belonging  to  this  province ;  and  the  further  sum 
of  ten  thousand  pounds,  part  of  the  aforesaid  sum  of  fort3--nine  thou- 
sand one  hundred  pounds,  shall  be  applied  for  paj-ing  an  additional 
bounty  to  the  soldiers  employed  in  the  service  of  the  present  year; 
and  the  further  sum  of  five  hundred  pounds,  being  the  remainder  of 
the  said  sum  of  forty-nine  thousand  one  hundred  pounds,  shall  be 
applied  to  pay  such  contingent  and  unforeseen  charges  as  may  arise, 
and  for  no  other  purpose  whatsoever. 

And  in  order  to  draw  said  money  into  the  treasur}^  again,  and  enable 
the  treasurer  effectuall}''  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.  3.]  That  there  be  and  hereby  is  granted  unto  his  most 
excellent  majest_y  a  tax  of  fift3'-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 
districts  within  this  province,  as  shall  be  agreed  on  and  ordered  b3'  the 
general  court  or  assembly  at  their  sessions  in  Ma3',  one  thousand  seven 
hundred  and  sixt3'-two,  and  to  be  paid  into  the  public  treasur3'  on  or 
before  the  last  da3'  of  March  then  next  after. 

And  he  it  further  enacted^ 

[Sect.  4.]  That  if  the  general  court,  at  their  sessions  in  Ma3',  one 
thousand  seven  hundred  and  sixt3'-two,  and  some  time  before  the  tenth 
day  of  June  in  said  3'ear,  shall  not  agree  and  conclude  upon  an  act 
apportioning  the  sums  which  b3'  this  act  are  engaged  to  be,  in  said  3'ear, 
apportioned,  assessed  and  levied,  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  sum  as  the  said  towns  and  districts  were  taxed 
b3'  the  general  court  in  the  tax  act  then  last  preceeding. 

[SECt.  5.]  And  the  province  treasurer  is  hereby  fully  impowred 
and  directed,  some  time  in  said  month  of  June,  in  the  same  3'ear,  one 
thousand  seven  hundred  and  sixty-two,  to  issue  and  send  forth  his  war- 
rants, 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  parts  and  proportions  of  the  sums  before  directed  and 
engaged  to  be  assessed,  to  be  paid  into  the  treasur3^  on  the  aforemen- 
tioned 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  he  it  farther  enacted^ 

[Sect.  G.]  That  the  treasurer  pay  the  sum  of  forty-nine  thousand 
one  hundred  pounds  out  of  such  appro[)riations  as  shall  be  directed  by 
warrant,  and  no  other ;  and  the  secretar3'  to  whom  it  belongs  to  keep 
the  muster-rolls  and  accounts  of  charge,  shall  lay  before  the  house  of 
representatives,  when  the3^  cUrect,  such  muster-rolls  and  accounts,  after 
payment  thereof. 

Provided^  ahvai/s, — • 

[Sect.  7.]  That  the  remainder  of  the  sum  which  shall  be  brought 
into  the  treasur3'  by  the  taxes  ordered  by  this  act  to  be  assessed  and 
levied,  over  and  above  what  shall  be  sufficient  to  discharge  the  notes 


£4,000  for 
armed  vessels. 


£10,000  for  an 

additional 

bounty. 


£500  for  contin- 
gent cliarges. 


Preamble. 


Tax  of  £55,000 
granted. 


Rule  for  appor. 
tioning  the  tax, 
in  case  no  tax 
act  shall  be 
agreed  on. 


Treasurer  to 
conform  to  the 
appropriations, 


Proviso. 


462 


Pkovince  Laws. — 1761-62. 


[Chap.  5.] 


and  obligations  aforesaid,  shall  be  and  remain  as  a  stock  in  the  treas- 
ur}',  to  be  applied  as  the  general  court  of  this  province  shall  hereafter 
order,  and  to  no  other  purpose  whatsoever.  \_Passed  June  22  ;  *  pub- 
lished July  11. 


CHAPTER    5. 

AN    ACT    ESTABLISHING    A   WATCH    FOR    THE    SAFETY   AND    BETTER 
SECURING  THE   GOOD   ORDER  OF  THE  TOWN  OF    BOSTON. 


PreRmble. 


Belectiaen  to 
appoint  watch- 
men, their  num- 
ber not  to 
exceed  thirty. 


Said  watchmen 
to  he  accounta- 
ble for  their 
doings,  to  the 
selectmen. 

1699-1700,  chap. 

10. 

1712-13,  chap.  4. 


Penalty  for  op- 
posing or  resist- 
ing the  watch. 


"Watchmen  em- 
powered to  de- 
mand aid,  &c., 
and  penalty  for 
refusing. 


Limitation. 


Whereas  the  town  of  Boston  have  petitioned  this  court  for  their  aid, 
by  some  act,  to  enable  said  town  by  a  watch  to  secure  themselves,  by 
night,  against  disorders  and  damage  from  evil-minded  persons  or  other- 
wise ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  selectmen  of  the  town  of  Boston,  for  the  time 
being,  be  impowered,  and  they  are  hereb}'  authorized  and  impowered,  to 
appoint  such  a  number  of  their  inhabitants  to  be  watchmen,  by  night, 
in  the  town  of  Boston,  as  they  shall  judge  convenient,  not  exceeding 
thirty  ;  the  town  of  Boston  agreeing  to  defrey  the  charge.  And  the 
selectmen  shall  appoint  one,  of  each  division  of  the  watch,  to  be  head  or 
constable  of  that  part  of  the  watch ;  which  head  is  hereby  required  to 
keep  an  account  of  their  doings,  and  how  they  find  the  state  of  the 
town,  and  report  to  the  selectmen  once  eveiy  week,  and  oftner  if  re- 
quired ;  which  watchmen  shall  have  the  same  power,  and  be  obliged  to 
the  same  service  and  dut}',  as  given  and  required  to  and  from  the  watch- 
men of  the  several  towns  of  this  province,  in  general,  b}'  the  acts  of 
the  general  court,  of  11th  of  King  AVilliam,  Chapf''^[7"'][Fi/.],  and 
of  the  11th  of  Queen  Anne,  Chapt^^[G"'][F/.]. 

And,  to  render  the  care  and  labour  of  the  said  watch  more  effectually 
conducive  to  the  peace,  safety  and  good  order  of  said  town  of  Boston, — 

Be  it  further  enacted, 

[Sect.  2.]  That  all  and  eveiy  person  or  persons  who  shall  oppose 
or  resist  the  said  watchmen  in  the  discharge  of  their  service  and  dut}', 
or  strike,  abuse  or  wound  them,  or  any  of  them,  shall  severally  forfeit 
and  pay  for  tlie  use  of  the  said  town,  to  be  appl[y][t]ed  towards  dis- 
charging the  wages  of  the  watch,  a  sum  not  exceeding  five  pounds,  nor 
less  than  forty  shillings,  besides  being  liable  to  an  action  for  all  dam- 
ages to  the  person  or  persons  abused  or  wounded  ;  and  any  two  jus- 
tices of  the  peace  in  the  county  of  Suffolk,  quorum  unus,  are  hereby 
authorized  to  hear  and  determine  the  same. 

And,  forasmuch  as  considerable  numbers  of  dissolute  persons  have 
sometimes  riotously  met  and  opposed  the  watch, — 

It  is  further  declared  and  enacted, 

[Sect.  3.]  That  the  said  watchmen  shall  be  authorized  and  impow- 
ered, and  they  herebj'  are  authorized  and  impowered,  to  demancl  aid 
and  assistance  ;  and  all  and  every  person  or  persons  refusing  to  assist 
him  or  them  of  the  watch  demanding  help,  shall  forfeit  and  pay  a  fine 
of  forty  shillings,  to' and  for  the  use  of  the  said  town  of  Boston,  to  be 
applied  for  the  payment  of  the  watch  as  aforesaid  :  the  several  forfeit- 
ures to  be  recovered  by  plaint  or  information. 

[Sect.  4.]  This  act  to  continue  and  be  in  force  for  the  space  of 
three  years  from  and  after  the  first  da}^  of  July  [next]  [c?trrew^ f] ,  and 
no  longer.     [^Passed  June  30  ;  *  published  July  11. 

*  Signed  July  11,  according  to  the  record. 

t  So  printed  in  the  edition  of  1763,  but  "  next"  in  the  printed  sessions-acts. 


[1st  Sess.] 


Province  Laws. — 1761-62. 


463 


CHAPTER  6. 


AN  ACT  TO  INVEST  THE  COMMITTEE  OF  THE  SECOND  PRECINCT  IN 
REHOBOTH  WITH  CORPORATE  POWERS  FOR  CERTAIN  PURPOSES 
THEREIN  MENTIONED. 


"Whereas  the  second  preciuct  in  Relioboth,  whereof  the  Reverend 
Mr.  Robert  Rogerson  is  the  present  pastor,  have  humbly-  supphcated 
this  court,  setting  forth  that,  by  the  sale  of  certain  lands  they  were  b}' 
this  court  impowered  to  sell,  the}'  have  now  the  sum  of  six  hundred 
pounds,  and  that,  b}-  a  voluntar}-  subscription  among  themselves,  they 
can  raise  the  sum  of  four  hundred  pounds  more  ;  which  sums,  making 
together  one  thousand  pounds,  they  pray  may  be  placed  at  interest, 
and  the  annual  interest  forever  apjiropriated  to  the  support  of  a  Con- 
gregational or  Presbyterian  minister  within  said  precinct, — 

Be  it  therefore  enacted  bij  the  Governor,  Council  and  House  of 
Rsinesentatives^ 

[Sect.  1.]  That  Thomas  Carpenter,  Stephen  Moulton,Ephraim  Hunt, 
Daniel  Bliss  and  Nathan  [i]  [a] el  Bliss,  the  present  committee  of  the  said 
precinct,  and  those  which  shall  be  annually  hereafter,  forever,  chosen 
by  the  said  precinct  to  the  same  office,  shall  be  and  are  hereby  declared 
a  bod}-  corporate,  by  the  name  of  the  trustees  of  the  second  parish  of 
Rehoboth  ;  and  they  are  hereby  incorporated  to  this  special  purpose  ; 
to  wit,  when  the  said  sum  of  one  thousand  pounds  shall  be  compleatiy 
raised,  to  receive  the  same,  and  to  let  the  same  to  interest,  on  good 
security,  real  or  personal,  as  the}',  or  the  major  part  of  them,  shall  judge 
fit;  and  all  bonds,  mortgages,  or  other  lawful [1]  securities,  made  to  the 
said  Thomas  Carpenter,  Stephen  Moulton,  Ephraim  Hunt,  Daniel  Bliss 
and  Nathanael  Bliss,  or  their  successors  aforesaid,  shall  be  understood 
to  be  valid  ;  and  they  or  their  successors,  or  the  major  part  of  either  of 
them,  by  the  incorporate  name  aforesaid,  may  appear  and  i)lead,  sue 
and  defend,  in  any  court  within  this  province,  in  all  matters  touching 
such  securities. 

And  he  it  further  enacted, 

[Sect.  2.]  That  the  interest  annually  arising  from  the  said  princi- 
pal sum  shall  be  paid  to  a  minister  of  a  Congregational  church,  resi- 
dent and  officiating  in  the  work  of  the  ministry  within  the  precinct, 
forever  ;  and  if  it  shall  ever  hereafter  happen  that  there  shall  be  no 
minister  of  a  Congregational  church,  settled  within  the  said  precinct,  for 
the  space  of  one  year,  in  every  such  case  the  interest  arising  shall  be 
put  out  to  interest  on  new  security  ;  and  all  such  increased  capital  shall 
be  ordered  and  managed  according  to  the  directions  hereinbefore  given 
respecting  the  said  principal  sum.  And  the  said  Thomas  Carpenter, 
Stephen  Moulton,  Ephraim  Hunt,  Daniel  Bliss  and  Nathanael  Bliss, 
and  their  successors  aforesaid,  are  hereby  incorporated,  impowered  and 
directed,  with  respect  to  the  said  increased  capital,  as  they  are,  herein- 
before, with  respect  to  the  said  sum  of  one  thousand  pounds. 

And  he  it  further  enacted, 

[Sect.  3.]  That  if,  at  any  time,  the  said  precinct  shall,  at  the  an- 
nual season  of  the  year,  neglect  to  ch[oo][tt]se  a  precinct  committee, 
the  committee  then  last  before  chosen  shall  continue  vested  with  all 
the  powers  and  priviledges  aforesaid  until[l]  new  ones  be  chosen. 

And  he  it  further  enacted, 

[Sect.  4.]  That  the  said  committee  and  their  successors  shall  be 
accountable  to  the  said  precinct,  and  may,  by  them,  for  any  misde- 
meanor in  their  oflSce  aforesaid,  be  removed  from  their  said  trust,  and 
new  ones  appointed  in  their  stead.  [^Passed  June  30 ;  *  puhlished 
July  11. 

•  Signed  July  11,  according  to  the  record. 


Pieamble. 


Committee  de- 
clared a  body 
corporate. 


Trustees  em- 
powered to  sue 
and  defend. 


Interest  money 
appropriated. 


Precinct  com- 
mittee con- 
firmed, in  case. 


To  be  accounta- 
ble to  the  pre- 
cinct. 


464 


Province  Laws.— 1761-62.      [Chaps.  7,  8.] 


CHAPTER    7. 

AN  ACT  FOR  INCORPORATING  THE  PLANTATION  CALLED  COLD  SPRING, 
INTO  A  TOWN  BY  THE  NAME  OF  BELCHER'S  TOWN. 


Preamble. 


The  plantation 
called  Cold 
Spi-ing  erected 
into  a  town  by 
the  name  of 
Belcher's  Town. 


Eleazer  Porter, 
Esq.,  empow- 
ered to  issue  his 
warrant  for  the 
choice  of  town 
officers. 


Whereas  the  inhabitants  of  the  plantation  of  Cold  Spring,  Ijing  in 
the  county  of  Hampshire,  labour  under  man}^  difficulties  and  incon- 
veniencies  by  means  of  their  not  being  a  town ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  said  plantation,  commonly  called  and  known  b}' 
tlie  name  of  Cold  Spring,  bounding,  easterl}-,  on  Swift  River  ;  south,  on 
Swift  River,  partly,  and  partly  on  Palmer ;  westerly,  parti}'  on  Spring- 
field, and  partly  on  Hadle}' ;  and  north,  on  Pelham ;  be  and  hereby  is 
erected  into  a  town  by  the  name  of  Belcher's  Town  ;  and  that  the  said 
town  be  and  hereby'  is  invested  with  all  the  powers,  priviledges  and 
immunities  that  any  of  the  towns  of  this  province  do  or  may,  by  law, 
enjoy,  that  of  chusing  and  sending  a  representative  to  the  general 
court  onl}'  excepted. 

And  be  it  fartheP' enacted, 

[Sect.  2.]  Tha^  Eleazer  Porter,  Esq'^''^.,  be  and  hereby  is  impow- 
ered  to  issue  his  warrant  to  some  principal  inhabitant  of  the  said  plan- 
tation, requiring  him,  in  his  majesty's  name,  to  warn  and  notify"  the  said 
inhabitants,  qual[l]ified  to  vote  in  town  affairs,  that  the}'  meet  together, 
at  such  time  and  place,  in  said  plantation,  as,  b}'  said  warrant,  shall  be 
appointed,  to  chuse  such  officers  as  ma}'  be  necessary  to  manage  the 
affairs  of  said  town  ;  and  the  inhabitants,  being  so  met,  shall  be  and 
hereb}^  are  impowered  to  chuse  such  officers  accordingly.  [^Passed 
June  30  ;  *  published  July  1 1 . 


CHAPTEK    8. 

AN  ACT  FOR  ERECTING  THE  PLANTATION  CALLED  ROADTOWN,  IN  THE 
COUNTY  OF  HAMPSHIRE,  INTO  A  TOWN  BY  THE  NAME  OF  SHUTES- 
BURY,  AND  CAUSING  THE  DELINQUENT  SET[r]LERS  TO  FULFIL  THE 
CONDITIONS  OF  THEIR  GRANT. 


The  plantation 
called  Road- 
town,  made  a 
town  by  the 
name  of  Shutes- 
bury. 


Eleazer  Porter, 
Esq.,  empow- 
ered to  issue  his 
warrant  for  call- 
ing  a  meeting 
for  the  choice  of 
town  officers. 


Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  said  plantation  be  and  hereby  is  erected  into  a 
town,  b}^  the  same  limits  which  are  now  the  boundaries  of  the  said 
plantation,  b}^  the  name  of  Shutesbury ;  and  that  the  said  town  be 
invested  with  all  the  powers,  priviledges  and  immunities  that  towns  in 
this  province  do  or  may,  by  law,  enjoy,  that  of  sending  a  representative 
to  the  general  assembly  only  excepted. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  Eleazer  Porter,  Esqi^^^.,  be  and  hereb}'  is  impow- 
ered to  issue  his  warrant,  directed  to  some  principal  inhabitant  in  said 
town  of  Shutesbury,  requiring  him  to  notify  and  warn  the  inhabitants 
of  the  same  town,  qualified,  b}'  law,  to  vote  in  town  meetings,  to  meet 
at  such  time  and  place  "as  shall  be  therein  set  forth,  to  ch[oo][tt]se  all 
town  officers  which,  by  law,  towns  in  this  province  are  impowered  and 
enjo[y][i]ned  to  ch[oo][M]se. 

•  Signed  July  11,  according  to  the  record. 


[1st  Sess.] 


Peovince  Laws. — 1761-62. 


465 


And  be  it  further  enacted, 

[Sect.  3.]     That  those  persons,  to  whom  an^y  grant  of  lands  in  the   Time  allowed 
above-named  plantation  of  Roadtown  were  made,  on  conditions  of  set-  condition  of  ^^'^ 
tlement,  who  have  hitherto  neglected  to  fulfil [1]  the  conditions  of  said  grants, 
grants,  shall  be  allowed  three  years  more,  to  be  reckoned  from  the  first 
of  July  next,  to  perform  the  conditions  of  their  grants,  before  the  said 
grants  shall  be  forfeited  for  non-performance  of  the  conditions  thereof. 
\_Passed  June  30  ;  *  puhUslied  July  11. 


CHAPTEE    9. 

AN  ACT  FOR  ERECTING  THE  NORTH  PARISH,  OR  PRECINCT,  IN  THE 
T0\Y1^  OF  SHEFFIELD,  INTO  A  SEPARATE  TOWN  RY  [BY]  THE  NAME 
OF  GREAT  BARRINGTON. 


Be  it  enacted  hy  the  Governor,  Council  and  House  of  Mepresenta- 
tives, 

[Sect.  1.]  That  the  said  north  parish,  or  precinct,  be  and  hereby  is 
erected  into  a  separate  and  distuict  town,  by  the  same  limits  and  bound- 
aries which  are  now  the  boundaries  of  the  said  parish,  by  the  name 
of  Great  Barrington  ;  and  that  the  said  town  be  invested  with  all  the 
powers,  priAiledges  and  immunities  that  towns  in  this  province  do  or 
may,  by  law,  enjoj',  that  of  sending  a  representative  to  the  general 
assembly  onlj-  excepted  ;  and  that  the  said  town  shall  haA'e  full  liberty 
and  right,  from  time  to  time,  to  join  with  the  town  of  Sheffield  in 
ell  [oo][«]  sing  a  representative  to  represent  them  at  the  general  assem- 
bly, who  may  be  chosen,  indifferently,  out  of  either  of  the  said  towns  ; 
and  that  the  said  town  of  Groat  Barrington  shall,  from  time  to  time,  be 
at  their  proportionable  part  of  the  expence  of  such  representative  :  and 
the  freeholders  and  oilier  inhabitants  of  Great  Barrington  shall  be  noti- 
fied of  the  time  and  place  of  election,  with  the  inhabitants  of  the  town 
of  SlieflSeld,  by  a  warrant,  from  the  selectmen  of  Sheffield,  directed  to 
the  constable  of  Great  Barrington,  requiring  him  to  warn  them,  for  that 
purpose,  at  the  time  and  place  by  them  assigned  ;  which  warrant[s] 
shall  be  duly  served  and  seasonably  returned  by  said  constable  of  Great 
Bni'vington. 

Provided,  nevertheless, — 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  said  town  of  Great  Barrington  shall  pay  their 
proportion  of  all  town,  count}-  and  province  taxes,  already  set[t]  on  or 
granted  to  be  raised  b}'  said  town  of  Sheffield,  as  if  this  act  had  not 
been  made. 

And  be  it  further  enacted, 

[Sect.  3.]  That  Joseph  Dwight,  Esquire,  be  and  hereby  is  impow- 
ered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  in  said 
town  of  Great  Barrington,  requiring  him  to  notify  and  warn  the  inhab- 
itants of  the  same  town,  qualified,  by  law,  to  vote  in  town  meetings, 
to  meet  at  such  time  and  place  as  shall  be  therein  set[t]  forth,  to 
ch[oo][»]se  all  town  officers  Avhich,  by  law,  towns  in  this  province  are 
impowered  or  onjo[y][/]n['][e]d  to  ch[oo][?f]se. 

And  ivhereas,  in  and  by  an  act  made  and  pass[e]'d  in  the  first  3-ear 
of  his  present  majesty's  reign,  erecting  and  establishing  a  new  county 
in  the  westerly  part  of  the  count}'  of  Hampshire,  by  the  name  of  Berk- 
shire, it  is  amongst  other  things  enacted,  "•  that  Sheffield,  for  the  pres- 

*  Signed  July  11,  according  to  the  record. 


The  North  Par- 
Ish  of  Sheffield 
erected  into  a 
separate  town 
by  the  name  of 
Gfreat  Barring- 
ton. 
1733-34,  chap.  1, 


Their  powers 
and  privileges. 


Proviso. 


Joseph  Dwight, 
Esq.,  empow- 
ered to  issue  his 
warrant  for  call- 
ing a  raeoting 
for  the  choice  of 
town  ofiicers. 


Preamble. 
1760-61,  cliai). 
33,  §§  1,8,  and  2. 


466 


Peovixce  Liws.— 1761-62. 


[Chap.  10.] 


Great  Barring- 
ton  to  bo-  the 
sliiro  lowu,  &c. 


ent,  be  the  shire  town  of  said  county  of  Berkshii-e,  and  that  the  office 
of  register  of  deeds  be  kept  in  the  north  parish  in  said  Sheffield,  and 
also,  that3-early,  and  in  every  year,  there  shall  be  held  and  kept  a  court 
of  general  sessions  of  the  peace,  and  an  inferio[n]r  court  of  common 
pleas,  at  the  north  parish  in  Sheffield,  on  the  last  Tuesday  of  April, 
and  first  Tuesdaj^  of  September ;  "  now,  to  prevent  any  difficulties  that 
may  arise, — 

Be  it  enacted, 

[Sect.  4.]  That  the  town  of  Great  Barrington,  for  the  present,  shall 
be  the  shire  town  of  said  county  of  Berkshire,  and  the  register's  office 
be  there  kept ;  and  that  the  courts  of  general  sessions  of  the  peace  and 
inferiour  court  of  common  pleas,  appointed  to  be  held  and  kept  at  the 
north  parish  in  Sheffield,  aforesaid,  be  held  and  kept  in  the  town 
of  Great  Barrington,  on  the  last  Tuesday  of  April,  and  first  Tuesday 
of  September,  annuall}' ;  anything  in  the  before  recited  and  mentioned 
act  to  the  contrary'  notwithstanding.  [^Passed  June  30  ;  *  published 
July  11. 


CHAPTER    10. 

AN    ACT    FOR    INCORPORATING    THE    PLANTATION    CALLED    COLRAIN, 
INTO  A  TOWN  BY  THE  NAME  OF  COLRAIN. 


Preamble. 


Plantation 
called  Colrain, 
erected  into  a 
town  by  the 
name  of  Colrain. 


Proviso. 


Elijah  Williams, 
Esq.,  empow- 
ered to  issue  his 
warrant  for  call- 
ing a  meeting 
for  the  choice  of 
town  officers. 


Whereas  the  new  plantation  of  Colrain,  l3ing  in  the  county  of 
Hampshire,  is  competently  filled  with  inhabitants,  and  labour  under 
great  difficulties  and  inconveniencies  by  means  of  their  not  being  a 
town  ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  said  new  plantation,  commonly  called  and 
known  by  the  name  of  Colrain,  lying  on  the  north-west  of  Deerfield,  in 
the  county  of  Hampshire,  according  to  the  bounds  by  which  it  was 
established  hy  the  general  court,  be  and  hereby  is  erected  into  a  town 
by  the  name  of  Colrain ;  and  that  the  said  town  be  and  hereb}'  is 
invested  with  all  the  powers,  priviledges  and  immunities  that  au}''  of 
the  towns  of  this  province  do  or  ma}-,  by  law,  enjo}',  that  of  sending  a 
representative  to  the  general  court  onl}'  excepted. 

Provided, — 

[Sect.  2.]  That  nothing  in  this  act  shall  be  understood,  or  so  con- 
strued, as  in  any  manner  to  supersede  or  make  void  any  order  or  orders 
of  this  court,  now  in  force,  respecting  the  method  of  making  assess- 
ments within  said  plantation  in  time  past,  but  that  the  same  shall 
remain  and  be  as  efiectual  as  if  this  act  had  not  been  made. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  Elijah  Williams,  Esq'^'''.,  be  and  hereby  is  impow- 
ered  to  issue  his  warrant  to  some  principal  inhabitant  of  the  said  plan- 
tation, requiring  him,  in  his  majest[ie]  [?/']s  name,  to  warn  and  notify' 
the  said  inhabitants,  qual[l]ilied  to  vote  in  town  affairs,  that  they  meet 
together,  at  such  time  and  place,  in  said  plantation,  as,  by  said  war- 
rant, shall  be  ajipointed,  to  chuse  such  officers  as  may  be  necessar}-  to 
manage  the  affairs  of  said  town  ;  and  the  inhabitants,  being  so  met,  shall 
be  and  hereby  are  impowered  to  chuse  such  officers  accordingly. 
\_Passed  June  30;*  published  July  11. 


*  Signed  July  11,  according  to  the  recoM. 


[1st  Sess.] 


Pkovince  Laws. — 1761-62. 


467 


CHAPTER    11. 


AN  ACT  TO  PREVENT  THE  UNNECESSARY  DESTRUCTION  OF  THE  FISH 
CALLED  ALEWIVES,  IN  THE  TOWN  OF  HINGHAM,  IN  THE  COUNTY 
OF  SUFFOLK,  AND  TO  ENABLE  THE  SAID  TOWN  TO  REGULATE  AND 
ORDER  THE  TAKING  AND  DISPOSING  THE   SAME. 

"Whereas  the  said  town  of  Hingham  has  been  at  great  expence  in 
purchasing  and  opening  a  water-passage,  for  the  tlsh  called  ale  wives, 
from  the  sea,  into  the  pond  called  Accord  Pond,  being  whoUj^  within 
the  bounds  of  the  said  town,  and  it  appears  just  that  the  sole  ordering, 
taking,  and  disposing  the  fish,  when  taken,  should  be  vested  in  the  said 
town  ;   to  which  purpose, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  from  and  after  the  first  da}'  of  August  next,  and 
during  the  continuance  of  this  act,  it  shall  and  may  be  lawful [1]  for 
the  inhabitants  of  the  said  town  of  Ilingham,  at  a  meeting  regularly 
assembled  for  that  purpose,  from  time  to  time,  to  order  and  determine 
how  and  in  what  manner,  by  whom,  and  at  what  place  or  places,  time 
or  times,  the  fish  may  be  taken  within  the  river  aforesaid,  and  how 
they  shall  be  disposed  of;  and  shall  cause  a  copy  of  said  order,  attested 
by  the  town  clerk,  to  be  posted  up  in  four  pubhc[k]  places  in  said 
town  ;  whereto  all  persons  shall  conform  themselves,  on  penalty  of 
twenty  shillings  for  each  offence,  to  be  paid  by  the  offender  or  off'end- 
ers,  and,  upon  his  or  their  refusal,  the  offender  to  be  committed  to  the 
common  goal  of  the  said  county,  there  to  remain  not  exceeding  five 
days :  and  all  fines  and  forfeitures  arising  by  this  act,  to  be  recovered 
b}'"  action,  bill,  plaint  or  information,  before  any  authority  proper  to 
try[e]  the  same  ;  and  the  fines  so  recovered  to  be  apply'd,  one  moiety 
to  the  use  of  the  poor  of  said  town  of  Ilingham,  the  other  half  to  him 
or  them  that  shall  sue  for  the  same. 

And  lohereas  the  riA-er  aforesaid  is  of  great  extent,  and  considerable 
part  of  the  banks  thereof  covered  with  thick  wood,  and  so  obscured  as 
that  persons  may  frequently  off'end  against  this  act  without  being  dis- 
covered, and  so'the  good  designs  of  it  defeated,  unless  special  provis- 
ion be  made  therefor, — 

Be  it  therefore  enacted, 

[Sect.  2.]  That  the  manner,  rules  and  methods  of  conviction  of 
the  offenders  against  this  act,  be  the  same  as  are  directed  and  pro- 
vided in  and  by  an  act,  made  in  the  twelfth  year  of  the  reign  of  King 
George  the  First,  intituled  "  An  Act  in  addition  to,  and  for  rendering 
more  effectual,  an  act  made  in  the  tenth  year  of  the  reign  of  King 
William  the  Third,  intituled  'An  Act  for  preventing  trespass.'  " 

[Sect.  3.]  This  act  to  be  in  force  for  the  space  of  three  years  from 
the  first  day  of  August  next,  and  from  thence  to  the  end  of  the  next 
session  of  the  general  court,  and  no  longer.  \_Passed  July  3  ;  *  pub- 
lished July  11. 

*  Signed  July  11,  according  to  the  record. 


Pream'ble. 
1735-36,  ch.  21. 
1741-42,  ch.  16. 
1754-55,  ch.  31. 
1757-58,  ch.  37. 


The  town  of 
Hingham  em- 
powered to  or- 
der the  manner, 
time  and  place 
of  taliing  of  ale- 
wives  in  said 
town,  &c. 


Preamble. 


Rules  and  meth- 
ods  of  convic- 
tion. 


1726-27,  chap.  3. 


Limitation. 


468 


PiiovLNCE  Laayp.— 17G1-G2.     [Chaps.  12,  13.] 


CHAPTER    12. 


AN    ACT    FOR    THE     BETTER    REGULATING    DISTRICTS    WITHIN    THIS 

PROVINCE. 


Preamble. 


Districts  sub- 
jected to  the 
duties  which 
towns,  by  law, 
ai'e  subjected  to. 


Whereas  it  has  been  found  expedient  to  erect  districts  within  this 
province,  invested  with  the  powers,  priviledges  and  immunities  of  towns 
(the  priviledge  of  sending  a  representative  to  the  general  assembly  only 
excepted),  and  it  being  necessary  that  all  such  districts  should  be 
subjected  to  all  the  duties  which  towns,  by  law,  are  sul)jected  to,  and 
liable  to  all  such  penalties,  for  neglect  thereof,  as  towns,  bj-  law,  are 
liable  to, — 

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

That  each  and  eveiy  the  districts  within  this  province  shall  be  and 
hereby  are  subjected  to  all  the  duties  which  towns,  b}'  law,  are  subjected 
to,  and  made  liable  to  all  the  penalties,  for  neglect  or  failure  therein, 
which  towns,  bylaw,  are  liable  to,  and  shall,  to  all  intents  and  purposes, 
be  considered  as  towns,  the  priviledge  and  duty  of  sending  a  represen- 
tative to  the  general  assembly  onl}"  excepted.  [^Passed  July  3  ;  pid)~ 
lished  July  11. 


Preamble. 


Inhabitants  of 
the  town  of  Sud- 
bury incorporat- 
ed into  distinct 
societies,  as  to 
the  call  and  set- 
tlement of  a  gos- 
pel minister  for 
each  society,  &c. 


Provision  when 
either  churcli  is 
destitute  of  a 
gospel  minister. 


CHAPTER    13. 

AN  ACT  MAKING  SPECIAL  PROVISION  FOR  THE  SETTLEMENT  AND  SUP- 
PORT OF  THE  GOSPEL  MINISTRY  IN  THE  TOWN  OF  SUDBURY. 

Whereas  there  are  two  distinct  societies  for  religious  worship,  of  the 
profession  of  the  churches  in  general  of  this  province,  in  the  town  of 
Sudbury,  and  each  of  the  said  societies  being  desirous  of  being  author- 
ized and  impowered  to  contract  with  and  proceed  to  the  settlement  of 
a  gospel  minister,  when  and  so  often  as  it  shall  be  necessaiy,  as  fully 
as,  by  law,  they  might  do  if  they  were  distinct  parishes, — 

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

[Sect.  1.]  That  such  of  the  inhabitants  of  the  town  of  Sndbur}-  as 
usually  attend  the  public [k]  worship  on  the  east  side  of  the  river,  in 
said  town,  and  also  such  of  the  inhabitants  of  said  town  as  usually 
attend  the  public [k]  worship  on  the  west  side  of  [^/tej  said  river, 
qualified  to  vote  in  parish  affairs,  be  and  hereby'  are  so  far  incorpo- 
rated into  distinct  and  seperate  societies  as  to  be  enabled,  from  time 
to  time,  in  concurrence  with  the  act  of  the  church  in  such  societies, 
respectively,  to  call,  contract  with,  and  settle  a  gospel  minister,  or 
ministers,  for  each  society,  respectively,  in  manner  and  form  as  the 
ministers  of  the  churches  of  this  province  are  called,  contracted  with, 
and  settled  ;  and  such  calls,  contracts  and  settlements  shall  be  as 
valid  and  effectual,  to  all  intents  and  purposes,  as  if  such  societies  had 
been  erected  into  distinct  and  seperate  parishes. 

Aiid  be  it  further  enacted, 

[Sect.  2.]  That  when  and  so  often  as  the  East  Church  and  congre- 
gation, or  the  West  Church  and  congregation,  shall  be  destitute  of  a 
gospel  minister,  the  deacons  of  the  church  so  destitute  may  and  shall 
notify  the  inhabitants  qualified,  by  law,  to  vote  in  parish  affairs  where 
such  destitute  church  shall  be,  to  meet  on  some  certain  day,  and  at  some 
certain  place  ;  and  said  inhabitants,  so  notified  and  convened,  are  here- 


[1st  Sess.] 


Peovince  Laws. — 1761-62. 


469 


by  authorized  and  impowered  to  choose  a  moderator  and  clerk,  to  act 
and  to  do  all  such  matters  and  things  as  parishes,  by  law,  may  do 
towards  settling  a  minister  as  aforesaid,  and,  b_y  adjournments,  to  con- 
tinue such  meetings  from  time  to  time,  and  so  long  as  shall  be  neces- 
sary for  the  purpose  aforesaid  ;  and  the  assessors,  collectors,  and  other  Assessors,  &c., 
town  officers,  of  the  town  of  Sudbury,  whom  it  may  concern,  are  hereb}-  as^cssT levy  and 
impowered  to  assess,  \e\y  and  collect  all  rates  and  taxes,  for  the  sup-  collect  taxes  for 
port  and  maintenance  of  such  ministers,  from  the  inhabitants  of  said  ministers!'^'  ^ 
town  of  Sudbury,  in  manner  as  if  such  ministers  had  been  chosen  and 
contracted  with  bj-  the  said  town.   \^Passed  July  9  ;  *  published  July  11. 


CHAPTEE    14.    • 

AN  ACT  FURTHER  IMPOWERING  THE  COURTS  OF  GENERAL  SESSIONS 
OF  THE  PEACE,  IN  THIS  PROVINCE,  TO  GRANT  LICENCES  IN  CER- 
TAIN CASES,  AND  THEREBY  TO  PREVENT  UNNECESSARY  PETITIONS 
TO  THE  GENERAL  COURT. 


Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  when  it  shall  so  happen  that  anj'  licenced  innholder 
or  retailer  shall  die  before  the  year  be  expired  for  which  licence  shall 
have  been  granted,  and  the  widow  of  the  deceased,  if  such  there  be, 
or  children,  or  other  representative,  shall  desire  to  exercise  the  said 
employment  in  such  licenced  house  the  remainder  of  the  j'ear ;  and 
where  an}'  licenced  innholder  or  retailer  shall  remove  from  a  licenced 
house,  and  the  purchaser  or  occupier  of  such  house  shall  petition  to 
be  licenced  to  be  an  innholder  or  retailer  in  the  same  house  for  the 
remainder  of  the  year ;  in  ever}'  such  ease  it  shall  be  lawful,  and  the 
justices  of  the  court  of  general  sessions  of  the  peace  are  hereby  im- 
powered, at  any  of  the  terms  appointed  b}'  law  for  holding  the  same  in 
such  county,  to  grant  licence  to  such  person  or  petitioner  applying 
therefor,  the  remainder  of  the  3'ear :  proiJiVZecZ  such  person  be  suitably 
qualified  therefor,  and  recommended  in  manner  as  the  law  directs. 

[Sect.  2.]  This  act  to  continue  in  force  from  the  tenth  day  of  July 
current,  to  the  tenth  day  of  July  which  will  be  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  sixt^'-five,  and  no  longer.  [^Passed 
July  9  ;  *  published  July  11. 


Justices  of  the 
court  of  gen- 
eral sessions 
empowered  to 
grant  licenses, 
in  case. 
1755-56,  ch.  39. 
1759-60,  ch.  13. 


Limitation. 


CHAPTER    15. 


AN  ACT  TO  SUPPLY  THE  TREASURY  WITH  THE  SUM  OF  THIRTY-NINE 
THOUSAND  POUNDS. 

Whereas  this  court  have  ordered  a  tax  of  thirty-two  thousand  nine  Preamble, 
hundred  and  seventy-four  pounds  thirteen  shillings  and  fourpence,  short 
of  what,  by  several  acts  of  government,  was  to  have  been  assessed 
and  apportioned  on  the  present  3'ear,  and  a  further  sum  is  necessary 
for  the  service  of  the  present  campaign  ;  therefore,  to  support  the  faith 
and  credit  of  the  government, — 

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

[Sect.   1.]     That  the  treasurer  be  and  he  hereby  is   directed   to  Treasurer  em. 

*  Signed  July  11,  according  to  the  record. 


470 


Province  Laws. — 1761-62. 


[Chap.  15.] 


powered  to  bor- 
row £39,000. 


borrow,  of  such  persons  as  shall  appear  reacl3'  to  lend,  a  sum  not 
exceeding  thirt^^-nine  thousand  pounds ;  and  for  ever}-  sum  so  bor- 
rowed the  treasurer  shall  give  his  receipt  in  the  form  following : — 


Form  of  the  Province  of  the  Massachusetts  Bay,  the  day  of  ,  1761. 

receipt.  Received  of  the  sum  of  ,  for  the  use  and  sen'ice 

of  the  province  of  tlie  Massachusetts  Bay ;  and,  in  behalf  of  said  province,  I 
do  liereby  promise  and  oblige  myself  and  successors  in  the  office  of  treasurer 
to  repay  tlie  said  or  order,  the  twentieth  day  of  June,  one  tliou- 

sand  seven  hundred  and  sixty-three,  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. 
Witness  my  hand. 


£32,974  13.S.  4rf. 
for  payment  of 
government  se- 
curities. 


£6,025  6.S.  8d. 
for  the  present 
campaign. 


Preamble. 


Tax  of  £41,000, 
in  1762. 


Rule  for  appor- 
tioning the  tax, 
in  case  no  tax 
act  sliall  be 
agreed  on. 


And  be  it  furthei'^nacted^ 

[Sect.  2.]  That  the  aforesaid  sum  of  thirtj'-nine  thousand  pounds, 
when  received  into  the  treasur}',  shall  be  applied  by  the  treasurer  in  tlie 
manner  following ;  that  is  to  sa^',  the  sum  of  thirty-two  thousand  niue 
hundred  and  seventy-four  pounds  thirteen  shillings  and  fourpence, 
part  of  the  aforesaid  sum  of  thirtj-nine  thousand  pounds,  shall  be 
applied  for  the  pa^'ment  of  government  securities  that  will  become  due 
in  June,  one  thousand  seven  hundred  and  sixty-two  ;  and  the  remaining 
sum  of  six  thousand  twentj'-five  pounds  six  shiUings  and  eightpence, 
part  of  the  aforesaid  sum  of  thirty-nine  thousand  pounds,  shall  be 
applied  towards  defreying  the  charges  of  the  present  campaign  :  to  be 
drawn  out  of  the  treasuiy  by  warrant  from  the  governor,  with  advice 
of  council. 

And  as  a  fund  and  security  to  enable  the  treasurer  to  discharge  the 
obligations  b}'  him  given  in  pursuance  of  this  act, — 

Be  it  enacted^ 

[Sect.  3.]  That  there  be  and  hereby  is  granted  to  his  most  excel- 
lent majesty*  a  tax  of  forty  one  thousand  pounds,  to  be  levied  on  polls, 
and  estates  both  real  and  personal,  according  to  such  rules,  and  in 
such  proportion  on  the  several  towns,  districts,  parishes  and  other 
places  within  this  province,  as  shall  be  ordered  b}-  the  general  court  at 
their  session  in  Ma}-,  one  thousand  seven  hundred  and  sixty-two. 

And  he  it  further  enacted^ 

[Sect.  4.]  That,  in  case  the  general  court  shall  not,  at  their  session 
in  Ma}',  one  thousand  seven  hundred  and  sixty-two,  and  before  the 
twentieth  day  of  June  following,  agree  and  conclude  upon  an  act  ap- 
portioning tiie  sura  which  b}'  this  act  is  engaged  to  be  apportioned, 
assessed  and  levied,  that  then  and  in  such  case  such  towns,  districts, 
parishes,  or  other  places,  shall  pay,  by  a  tax  to  be  levied  on  the  polls, 
and  estates  both  real  and  personal,  within  their  respective  limits,  the 
same  proportion  of  the  said  sum  as  the  said  towns,  districts,  parishes, 
or  other  places  were  taxed  b}*  the  general  court  in  the  tax  act  then 
last  preceeding. 

[Sect.  5.]  And  the  province  treasurer  is  hereby  fully  impowered 
and  directed,  in  the  month  of  June,  one  thousand  seven  hundred  and 
sixty-two,  to  issue  and  send  forth  his  warrants,  directed  to  the  select- 
men or  assessors  of  each  town,  district,  parish  or  other  place  within 
this  province,  requiring  them  to  assess  the  polls,  and  estates  both  real 
and  personal,  within  their  respective  towns,  districts,  parishes,  or  other 
places,  for  their  respective  parts  and  proportions  of  the  sum  before 
directed  and  engaged  to  be  assessed,  to  be  paid  into  the  public  treasur}- 
by  the  first  day  of  March,  one  thousand  seven  hundred  and  sixt}- 
three  ;  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  then  last  preceeding  tax  act ;  and  the  assessors  shall 


[1st  Sess.] 


Province  Laws. — 1761-62. 


471 


incur  the  same  penalty,  for  not  apportioning  tlie  sums  laid  upon  their 
respective  towns,  districts,  parishes,  or  other  places,  as  though  the  same 
had  been  assessed  upon  them  b}'  an  act  of  the  general  court. 

And  be  it  further  enacted, 

[Sect.  6.]  That  if  the  treasurer  shall  not  be  able  to  borrow  the  sum 
of  thirt_y-two  thousand  nine  hundred  and  seventy-four  pounds  thirteen 
shillings  and  fourpence,  aforesaid,  on  or  before  the  thirty-first  day  of 
December  next,  then  and  in  that  case  he  shall  issue  forth  his  war- 
rants, directed  to  the  selectmen  or  assessors  in  each  of  the  towns  and 
districts  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  whatever  sum  he  shall  not 
be  able  to  borrow  of  the  sum  of  thirt3--two  thousand  nine  hundred  and 
sevent3'-four  pounds  thirteen  shillings  and  fourpence,  aforesaid,  to  be 
paid  into  the  public  treasury  b}-  the  first  day  of  March,  one  thousand 
seven  hundred  and  sixt^'-two ;  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  then  last  preceeding 
tax  act.     [_Passed  and  puhlislied  July  11. 


Tax  to  be  levied 
for  any  deficient 
sum  in  1762. 


CHAPTER    16. 

AN  ACT   PROVIDING   FOR   THE   LEVYING  AND  COLLECTING  OF  TAXES 
IN  PLANTATIONS  THAT  ARE  NOT  INCORPORATED. 


Be  it  enacted  hy  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  when  any  part  or  proportion  of  any  province  or 
countv  tax  shall  be  laid  b}-  the  great  and  general  court,  or  hy  any 
court  of  general  sessions  of  the  peace  within  this  province,  on  any 
plantation  not  incorporated,  the  treasurer  of  the  province,  or  of  such 
county,  respectively,  shall  issue  his  precept  to  some  justice  of  the  peace 
dwelling  near  to  such  plantation,  requiring  him  forthwith  to  grant  his 
warrant,  directed  to  some  principal  inhabitant  of  such  plantation, 
requiring  him  to  notify  and  warn  the  inhabitants  of  such  plantation, 
being  freeholders,  to  meet  at  such  time  and  place,  within  the  same,  as 
in  such  warrant  shall  be  specified,  in  order  to  choose  needful  officers 
for  the  purposes  hereafter  mentioned  ;  and  such  principal  inhabitant  is 
hereby  obliged  to  observe  and  obey  the  warrant  that  he  shall  receive 
from  said  justice,  on  the  penalty  of  forfeiting  and  paying  the  whole 
sum  that  shall  be  ordered  to  be  levied  on  such  plantation  b}'  either 
of  the  respective  treasurers'  warrants  aforesaid  ;  to  be  recovered  b}' 
action  of  debt,  by  said  respective  treasurers,  in  any  of  his  majesty's 
conrts  of  record,  within  this  province,  proper  to  tr^' the  same. 

[Sect.  2.]  And  such  of  the  said  inhabitants  as  shall  then  assemble 
shall  have  power,  and  they  are  hereby  required,  to  choose  a  moderator 
and  clerk,  as  also  assessors  and  collectors  for  assessing  and  collecting 
such  plantation's  proportion  of  such  province  and  count}'  tax  (to  be 
dulv  paid,  when  collected,  by  such  collectors  to  the  province  or  countv 
treasurer,  respectively)  ;  and  such  clerk,  assessors  and  collectors  shall 
be  under  oath  (to  be  administred  by  the  moderator  of  such  meeting) 
for  the  faithful  discharge  of  their  respective  trust,  and  shall  have  the 
same  allowance  from  such  incorporate  plantations  as  such  officers  are 
intituled  unto,  b}-  law,  in  towns  corporate  ;  and  in  case  an}-  assessor  or 
collector,  so  chosen,  shall,  after  notice  of  such  choice  given  him  b}- 


Province,  or 
county,  treas- 
urer to  issue  a 
precept  for  call- 
ing a  meeting  of 
the  inhabitants 
of  plantations, 
&c.,  in  case. 


Inhabitants  of 
said  plantations 
to  choose  cer- 
tain officers,  &c. 


472 


PROVINCE  Laws.— 1761-62.         [Chap.  17.] 


Assessors  to 
take  a  valuation, 
&c. 


Justices  of  the 
court  of  gen- 
eral sessions  to 
appoint  assess- 
ors and  collect- 
ors, In  case. 


Assessors  to 
issue  their  war- 
rants for  calling 
a  meeting  in 
Mai'cb,  an- 
nually, &c. 


Continuance. 


the  moderator,  refuse  or  neglect  to  appear  and  take  such  oath,  he  shall 
be  liable  to  the  same  penalty  which  assessors  and  collectors  in  towns 
corporate  are  liable  to  in  case  of  such  refusal  or  neglect. 

And  be  it  furtlier  enacted^ 

[Sect.  3.]  That  the  assessors  so  chosen  and  sworn  shall,  there- 
upon, take  a  list  of  the  rateable  polls,  and  a  valuation  of  the  estates 
and  faculties  of  the  inhabitants  of  such  plantation,  for  a  rule  b}-  which 
to  make  such  assessment,  and  by  which  to  judge  of  the  qualification  of 
voters,  in  meetings  of  the  said  inhabitants  thereafter  to  be  holden,  until 
other  valuation  shall  be  made. 

And  he  it  farther  enacted^ 

[Sect.  4.]  That,  in  case  the  inhabitants  of  an}'  such  plantation 
shall  neglect  to  assemble,  or,  being  assembled,  shall  neglect  to  choose 
all  such  officers  as  hereinbefore  are  required,  it  shall  be  in  the  power 
of  the  court  of  general  sessions  of  the  peace,  in  the  county  where  such 
plantation  is,  and  the  justices  of  such  court  are  required,  to  appoint 
some  meet  persons,  inhabitants  of  such  plantation,  to  be  assessors 
and  collectors  of  such  taxes,  as  aforesaid,  who  shall  be  duly  sworn  to 
the  faithful  discharge  of  their  respective  trust,  and  shall  conform  to  the 
directions  and  proceed  by  the  rules  which  assessors  and  collectors  in 
towns  corporate  are  obliged  to  observe. 

Ayid  be  it  furtlier  enacted^ 

[Sect.  5.]  That  the  assessors,  which*  shall,  from  time  to  time,  be 
chosen  or  appointed  for  such  plantation,  shall  have  power  and  they  are 
required  to  issue  their  warrants  for  calling  meetings  of  the  inhabitants 
there,  in  the  month  of  March,  annually,  for  choosing  such  officers  as 
aforesaid,  who  shall  be  sworn  as  aforesaid,  and  shall  have  the  same 
power,  and  be  subject  to  the  same  penalties,  as  assessors  and  collectors 
in  towns  and  parishes  have,  and  ai-e,  b}*  law,  liable  to. 

[Sect.  6.]  This  act  to  continue  in  force  during  the  term  of  seven 
years  from  the  first  day  of  August  next,  and  no  longer.  [Passed  and 
published  July  1 1 . 


CHAPTER  17. 

AN  ACT  FOR  APPORTIONING  AND  ASSESSING  THE  SUM  OF  SEVENTY- 
FIVE  THOUSAND  POUNDS;  ALSO  FOR  APPORTIONING  AND  ASSESSING 
A  TAX  OF  TWO  THOUSAND  TWO  HUNDRED  AND  THIRTY-FIVE 
POUNDS  TWO  SHILLINGS,  PAID  THE  REPRESENTATIVES  FOR  THEIR 
SERVICE,  TRAVEL  AND  ATTENDANCE  IN  THE  GENERAL  COURT,  IN 
THE  YEAR  ONE  THOUSAND  SEVEN  HUNDRED  AND  SIXTY;  ALSO  FOR 
ASSESSING  THE  TOWN  OF  RUTLAND  FOR  THE  SUM  OF  THIRTY-ONE 
POUNDS  ONE  SHILLING  AND  SEVENPENCE,  BEING  SO  MUCH  OR- 
DERED BY  THE  GENERAL  COURT,  IN  THEIR  SESSIONS  IN  JANUARY 
LAST,  TO  BE  ADDED  TO  THE  TAX  OF  THE  TO^VN  OF  RUTLAND,  THE 
PRESENT  YEAR,  OVER  AND  ABOVE  THEIR  PROPORTION  OF  WHAT 
IS  LAID  ON  SAID  YEAR. 


1758-59, 

§7. 

1758-59, 
28,  §  1. 

1760-61, 
§2. 


Whereas  the  great  and  general  court  or  assembly  of  this  province 
did,  in  their  session  in  May,  one  thousand  seven  hundred  and  fifty- 
chap.  4,  eight,  lev}'  a  tax  of  seventy  thousand  eight  hundred  and  nine  pounds 
thirteen  shillings  and  fourpence  ;  and  also,  in  their  session  in  March, 
chap.      one  thousand  seven  hundred  and  fift3'-nine,  did  levy  another  tax  of 
forty-six  thousand  pounds  ;  and  did  also,  in  their  session  in  June,  one 
chap.  6,  thousand  seven  hundred  and  sixt}',  lev}'  a  further  tax  of  seventy-five 

*  "  Who  "  in  the  edition  of  1763. 


[1st  Sess.]  Province  Laws.— 1761-62.  473 

thousand  pounds  :  all  which  sums  amount  to  one  hundred  and  ninet}'- 
one  thousand  eiglit  hundred  and  nine  pounds  thirteen  shillings  and 
fourpence  ;  and  b}'  the  aforesaid  acts  provision  was  made  that  the 
general  court,  at  this  present  session,  might  apportion  the  same  on  the 
several  towns,  districts,  parishes  and  places  within  this  province,  if 
they  thought  fit ;  and  whereas^  hy  an  act  of  the  great  and  general  court,  1761-62,  chap.  3. 
made  and  passed  this  present  session,  the  treasurer  is  [e][t]mpowered 
and  directed  to  draw  upon  Mr.  Agent  Bollan  for  the  sum  of  sixty  thou- 
sand pounds  sterling,  at  the  rate  of  one  hundred  and  thirtj'-six  pounds, 
lawful  mone}-,  for  eveiy  hundred  pounds  sterling  ;  which  will  amount 
to  eighty-one  thousand  and  six  hundred  pounds  :  which  money  is  ap- 
plied by  this  act  for  the  redemption  of  government  securities  that  will 
become  due  in  June,  one  thousand  seven  hundred  and  sixty-two ;  and 
whereas  a  number  of  persons,  possessors  of  government  securities,  that 
will  become  due  in  June,  one  thousand  seven  hundred  and  sixty-two, 
to  the  amount  of  thirty-two  thousand  nine  hundred  and  sevent3'-four 
pounds  thirteen  shillings  and  fourpence,  appear  willing  to  lend  the 
same  to  the  government,  to  be  redeemed  at  a  distant  period  ;  and  this 
court  having  made  and  passed  an  act,  this  session,  to  enable  the  treas- 
urer to  borrow  the  same  ;  wherefore,  for  the  ordering,  directing  and 
effectual  drawing  in  the  said  sum  of  seventy-seven  thousand  two  hun- 
dred and  sixty-six  pounds  three  shilling [6-]  and  sevenpence,  we,  his 
majesty's  most  loj'al  and  dutiful  subjects,  the  representatives  in  gen- 
eral court  assembled,  pray  that  it  may  be  enacted, — 

And  be  it  accordingly  enacted  hy  the  Governo[yi~\r^  Council  and 
House  of  Representatives^ 

[Sect.  1.]  That  each  town,  district,  parish,  or  other  place  within 
this  province  be  assessed  and  pay,  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  seventj'-seven  thousand  two  hundred 
and  sixt3'-six  pounds  three  shilling [s]  and  sevenpence,  the  several  sums 
following ;  that  is  to  say, — 


474 


Province  Laws.— 1761-62. 


[Chap.  17.] 


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[1st  Sess.] 


Province  Laws. — 1761-62. 


475 


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Westford . 
Shirley     . 

476 


Peovince  Laws.— 1761-62. 


[Chap.  17.] 


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Province  Laws. — 1761-62, 


[Chap.  17.] 


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assessment. 


[1st  Sess.]  Peovince  Laws.— 1761-62.  483 

And  be  it  further  enacted, 

[Sect.  2.]  .  That  the  treasurer  do  forthwith  send  out  his  warrants,  Rules  for 
directed  to  the  selectmen  or  assessors  of  each  town,  district  or  parish, 
or  other  place  within  this  province,  that  are  taxed,  requiring  them,  re- 
spectiveh',  to  assess  the  sum  hereby  set  upon  such  town,  district  or 
parish,  or  other  place,  in  manner  following  ;  that  is  to  say,  to  assess  ail 
rateable  polls  above  the  age  of  sixteen  years,  within  their  respective 
towns,  districts,  parishes  or  other  places,  or  next  adjoining  to  them, 
belonging  to  no  other  town  or  place,  at  ten  shillings  per  poll,  and  pro- 
portionabl}'  in  assessing  the  additional  sum  received  out  of  the  treasury 
for  the  payment  of  representatives  (except[tn(/]  the  governo[u]r, 
lieutenant-governo[u]r,  and  their  families,  the  president,  fellows,  pro- 
fessors, Hebrew  instructor  and  students  of  Harvard  College,  settled 
ministers  and  gramm[e][a]r-school  masters,  who  are  hereby  exempted 
as  well  from  being  taxed  for  their  polls,  as  their  estates  being  in  their 
own  hands,  and  under  their  actual  management  and  improvement ;  as 
also  the  estate  pertaining  to  Harvard  College)  ;  and  other  persons,  if 
such  there  be,  who,  thro' [wfy/i]  age,  infirmity  or  extreme  poverty,  in 
the  judgment  of  the  assessors,  are  not  able  to  pay  towards  pnblic[k] 
charges,  they  may  exempt  their  polls,  or  abate  part  of  what  the}-  arc 
set  at,  as  in  their  prudence  they  shall  think  lit  and  judge  meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  re- 
spective counties  assembled,  in  granting  a  county  tax  or  assessment, 
are  hereby  ordered  and  directed  to  apportion  the  same  on  the  several 
towns,  districts,  parishes  and  other  places  in  such  count}',  in  proportion 
to  their  province  rate  ;  and  the  assessors  of  each  town  in  the  province 
are  also  directed,  in  making  an  assessment,  to  govern  themselves  by 
the  same  rule  ;  and  the  incomes  of  all  estates,  both  real  and  personal, 
lying  within  the  limits  of  such  town,  district,  parish  or  other  place,  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  ex- 
cepted, do  or  shall  receive  from  any  trade,  faculty,  business  or  employ- 
ment whatsoever,  and  all  profits  which  shall  or  may  arise  by  money,  or 
commissions  of  profit,  in  their  improvement,  according  to  their  under- 
standing or  cunning,  at  twelvepence  per  pound  ;  and  to  abate  or  mul- 
tiply the  same,  if  need  be,  so  as  to  make  up  the  sum  set  and  ordered 
hereby  for  each  town,  district,  parish  or  other  place  to  pay;  and,  in 
making  their  assessment,  to  estimate  houses  and  lands  at  six  }-ears 
yearly  rent  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  ;  and  every  cow  or  heifer 
of  three  years  old  and  upwards,  at  thirty  shillings  ;  and  every  horse  and 
mare  of  three  years  old  and  upwards,  at  forty  shillings  ;  and  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  said  assessment,  setting  forth,  in  dis- 
tinct 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  if  as 
guardians,  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  collector,  constable 
or  constables  of  any  such  town,  district,  parish  or  place,  and  to  return 


484 


PiioviNCE  Laws. — 1761-62. 


[Chap.  17.] 


Inhabitants  to 
bring  in  a  true 
list  of  their 
polls,  estate, 


Transient 
traders  to  be 
rated. 


a  certificate  of  tlie  name  or  names  of  sucli  collector,  constable  or  con- 
stables, with  the  sum  total  to  each  of  them  committed,  unto  himself, 
sometime  before  the  last  da}'  of  November  next. 

[Sect.  4.]  And  the  treasurer,  for  the  time  being,  upon  receipt  of 
such  certificate,  is  hereby  [e][(']mpowered  and  ordered  to  issue  forth 
his  warrants  to  the  collector,  or  constable  or  constables  of  such  town, 
district,  parish  or  place,  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  their  accompts  of  the  whole,  at 
or  before  the  thirty-first  day  of  March,  which  will  be  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  sixty-two. 

And  be  it  farther  enacted, 

[Sect.  5.]  That  the  assessors  of  each  town,  district,  parish  or  other 
place,  respectivel}',  in  convenient  time,  before  their  making  of  the  assess- 
ment, shall  give  seasonable  wai'uing  to  the  inhabitants,  in  a  town-meet- 
ing or  by  posting  [«p]  notifications  in  some  place  or  places  in  such 
town,  district,  parish  or  place,  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  b}-  money 
at  interest,  which  they  are  to  render  to  the  assessors,  on  oath,  if  re- 
quired ;  and  if  the}'  refuse  to  give  in  an  account  of  the  money  at  in- 
terest, on  oath,  the  assessors  are  [e][i]mpowered  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  per- 
son or  persons,  according  to  their  known  abilit}'  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  b}'  legal 
proof,  in  the  judgment  of  said  assessors,  in  bringing  in  a  false  list ;  the 
said  fines  to  be  for  the  use  of  the  poor  of  such  town,  district,  parish  or 
place  where  the  delinquent  lives,  to  be  levied  by  warrant  from  the 
assessors,  directed  to  the  collectors  or  constables,  in  manner  as  is  directed 
for  gathering  the  town  assessments,  to  be  paid  into  the  town,  district 
or  parish  treasurer,  for  the  use  aforesaid  :  saving,  to  the  party  aggrieved 
at  the  judgment  of  the  assessors  in  setting  forth  such  fine,  libert}-  of 
appeal  therefrom  to  the  court  of  general  sessions  of  the  peace  within 
the  county,  for  relief  as  in  the  case  of  being  overrated.  And  if  any 
person  or  persons  shall  not  bring  in  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  any  abatement  of  the 
assessment  laid  on  him  or  them. 

[Sect.  6.]  And  if  the  person  be  not  convicted  of  any  falseness  in 
the  list,  b}-  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  l\y  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  is  finished  and 
delivered  to  the  constable  or  collectors,  and,  before  the  next  year'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  by  trade,  and  had  the  protection 
of  the  government, — 

Be  it  farther  enacted, 

[Sect.  7.]  That  when  any  person  or  persons  shall  come  and  reside 
in  any  town  within  this  province,  and  bring  any  merchandize,  and  trailo 


[1st  Sess.] 


Province  Laws. — 1761-62. 


485 


to  deal  therewith,  the  assessors  of  such  town  are  hereby  [e]  [i]mpowered 
to  rate  and  assess  all  such  persons,  according  to  their  circumstances, 
pursuant  to  the  rules  and  directions  of  this  act  provided,  though  the 
former  rate  maj*  have  been  finished,  and  a  new  one  not  perfected  as 
aforesaid. 

And  be  it  further  enacted, 

[Sect.  8.]  That  when  an}^  merchant,  trader  or  factor,  shall  set  up 
a  store,  and  trafflck  or  carry  on  any  trade  or  business,  in  any  town 
within  this  province,  not  being  an  inhabitant  of  such  town,  the  assessors 
of  such  town  where  such  trade  and  business  shall  be  carried  on  as 
aforesaid,  be  and  hereby  are  [e][ijmpowered  to  rate  and  assess  all 
such  merchants,  traders  and  factors,  their  goods  and  merchandizes,  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  aforementioned, 
the  selectmen  of  the  town  where  such  trade  is  carried  on  shall  trans- 
mit a  list  of  such  persons  as  thej'  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  hereb}'  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  they  carry  on  their  trade,  and  pay  the  same. 

And  be  [iY]  further  enacted, 

[Sect.  10.]  That  the  sum  of  eightj'-one  thousand  six  hundred 
pounds,  being  the  amount  of  sixty  thousand  pounds  sterling,  which 
the  treasurer,  by  an  act  made  and  passed  this  session,  is  impowered 
and  directed  to  draw  for,  be  by  him  applied,  when  received  into  the 
treasury,  for  the  redemption  of  government  securities  that  will  become 
due  in  June,  1762,  and  for  no  other  purpose  whatsoever.  [^Passed 
and  published  July  11. 


Merchants  to  be 
rated  for  carry- 
ing on  trade  In 
any  other  town 
besides  where 
they  dwell. 


Selectmen  to 
transmit  a  lint 
of  such  persons 
before  they  ara 
rated. 


486 


Province  Laws.— 1761-62.  [Chap.  18.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twelfth  day  of   November,  A.D.  1761. 


CHAPTEK     18. 


Preamble. 


District  ofWare 
incorporated. 


Inhabitants  to 
be  warned,  and 
by  wliom. 


Proviso. 


AN  ACT  FOR  ERECTING  WARE-RIVER  PARISH,   SO    CALLED,    IN    THE 
COUNTY  OF  HAMPSHIRE,  INTO  A  DISTRICT  BY  THE  NAME  OF  WARE. 

Whereas  the  inhabitants  of  Ware-River  Parish,  so  called,  in  the 
county  of  Hampshire,  have  represented  to  this  court  the  great  difficul- 
ties and  inconvenicncies  they  labour  under,  in  their  present  situation, 
and  have  earnestly  requested  that  they  may  be  incorporated  into  a 
district, — 

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

[Sect.  1.]  That  the  said  Ware-River  Parish,  so  called,  bounded 
as  follows  ;  viz"^'^. ,  southerly,  upon  Palmer,  including  that  tract  of  land 
in  said  Palmer  which  is  the  property  of  the  heirs  of  Isaac  Magoon, 
deceased ;  easterly,  ui)on  Western  and  Brookfield ;  northerly,  upon 
Ilardwick  and  Greenwich  ;  and  westerly',  upon  Swift  River,  be  and  is 
hereby  incorporated  into  a  district  by  the  name  of  Ware  ;  and  that  the 
said  district  be  and  hereby  is  invested  with  all  the  priviledges,  powers 
and  immunities  that  towns  in  this  province,  by  law,  do  or  may  enjoy, 
that  of  sending  a  representative  to  the  general  assembly  onl^'  excepted. 

And  he  it  farther  enacted, 

[Sect.  2.]  That  Eleazer  Porter,  Esq'^'^.,  be  and  hereby  is  directed 
and  impowered  to  issue  his  warrant,  directed  to  some  principal  inhab- 
itant within  said  district,  requiring  him  to  warn  the  inhabitants  of  said 
district,  quahfied  to  vote  in  town  affairs,  to  assemble  at  some  suitable 
time  and  place  in  said  district,  to  chuse  such  officers  as  are  necessary 
to  manage  the  affairs  of  said  district. 

Provided,  nevertheless, — 

[Sect.  3.]  The  inhabitants  of  said  district  of  Ware  shall  pay  their 
proportionable  part  of  all  such  town,  county  and  province  charges  as 
are  alreadj-  assessed,  in  like  manner  as  tho  this  act  had  not  been  made  ; 
and  that  part  of  the  province  tax  which  is  the  proportion  of  the  said 
Magoon's  farm,  shall  hereafter  be  abated  the  district  of  Palmer,  and 
be  borne  and  paid  by  the  said  district  of  Ware.  \_Passed  November 
25  ;  *  published  November  28. 

*  Signed  November  28,  according  to  the  record. 


[2d  Sess.] 


Province  Laws. — 1761-62. 


487 


CHAPTEK    19. 


AN  ACT  FOR  EXCHANGING  OF  MEADOW  AND  MEADOWISH  GROUND 
BELONGING  TO  THE  FIRST  PRECINCT  IN  MARSHFIELD,  IN  THE 
COUNTY  OF  PLYMOUTH,  WITH  NATHAN[I][.4]EL  RAY  THOMAS,  OF 
SAID  MARSHFIELD,  GENTLEMAN,  FOR  SALT  MEADOW. 

"Whereas  the  said  precinct  is  seized  and  possessed  of  a  certain  tract  Preamble, 
of  land  or  meadowisli  land,  containing  ninety  acres,  more  or  less,  s[c]it- 
uate  in  Marshfield,  aforesaid,  on  the  south  side  of  Green's-Harbour 
River,  so  called,  bounded  easterly''  by  the  meadow  formerly'  granted  by 
the  town  of  Marshfield  to  Mr.  William  Thomas ;  north-westerly  by 
Green's-Harbour  River,  as  it  runs  and  extends  up  stream,  'till  it  comes 
to  the  upper  end  of  the  great  fresh  marsh  called  Green's-Harbour- 
River  Marsh,  where  the  river  comes  to  the  upland  at  the  head  of  said 
marsh ;  and  is  bounded,  southerly,  b^^  the  land  granted  by  the  court  of 
New  Plj-mouth  to  Mr.  William  Thomas,  to  be  holden  as  a  perpetual 
p[a][e]rsonage  ;  and  tvhereas  the  said  Nathan  [i]  [a]  el  Ray  Thomas 
is  seized  and  possessed  of  a  large  quantit}'  of  salt  meadow,  as  an  estate 
in  tail,  thirty  acres  whereof  is  bounded  as  follows;  viz^'^.,  beginning 
below  Hoockan[u][fe]m  Point,  so  called,  by  a  stake  standing  on  the 
south-east  side  of  Green's-Harbour  River  ;  and  from  thence,  south,  sev- 
enty degrees  east,  ninety-one  rod  and  an  Half,  to  a  stake  standing  by 
a  ditch ;  and  from  thence,  north,  thirt^^-five  degrees  east,  by  said  ditch, 
twenty-six  rods  and  three-quarters,  to  said  river  ;  and  from  thence,  by 
said  river,  up  stream,  'till  it  comes  to  the  bounds  first  mentioned  ; 
exclusive  of  a  little  sedge-island  in  said  river,  on  the  easterl}-  side  of 
the  premis[s]es,  as  the  same  was  laid  out  by  Mr.  John  Wadsworth, 
surve^'or,  on  oath  ;  and  whereas  the  said  parish,  as  well  as  the  Rev- 
erend Mr.  Thomas  Brown,  the  present  minister,  on  the  one  part,  and 
the  said  Nathan [i]  [a] el  Ray  Thomas,  on  the  other,  for  their  mutual 
advantage  and  benefit,  have  agreed  to  an  exchange  of  the  above- 
recited  premisses ;  that  is  to  say,  that  the  said  precinct,  b}'  its  present 
minister,  and  so,  in  succession,  to  them,  and  all  future  ministers,  forever, 
shall  have,  hold,  possess  and  enjo}-  the  said  thirt}'  acres  of  salt  meadow 
above  described  and  bounded,  and  for  the  same  uses  and  purposes  as 
the}-  heretofore  held  and  enjo3"ed  the  aforesaid  ninet}'  acres  ;  and  that 
they,  in  perpetual  succession,  shall  forever  be  excluded  from  an^-preten- 
[s][^]ions  to  the  said  ninety  acres  ;  and  that  the  said  Nathan [i]  [a] el 
Ra}'  Thomas  shall  have,  hold,  possess  and  enjoy  the  said  ninety  acres 
of  meadow  and  meadowish  lands,  aforesaid  described  and  bounded,  as 
an  estate  in  tail,  to  him  and  his  heii's,  in  the  same  manner,  to  all  intents 
and  purposes,  as  he  heretofore  held  and  enjoyed  the  aforesaid  thirty 
acres  ;  and  that  he,  and  his  heirs  in  tail,  shall  forever  be  excluded  from 
an}-  preten[s][^]ion  or  claim,  whatever,  to  the  said  thirty  acres  of  salt 
meadow, — 

Be  it  therefore  enacted  by  the  Governo[\\\r,  Council  and  House  of 
Representatives^ 

That  the  afore-recited  agreement,  between  the  said  first  parish  in  Agreement  of 
Marshfield,  and  the  said  Nathan [i]  [a] el  Ray  Thomas,  be  and  hereby  ^a'^Pd"'^"' '=°''" 
is  confirmed  ;  and  that  the  said  parish,  b}-  its  present  minister,  and  so 
to  them  in  future,  and  to  all  succeeding  ministers,  forever,  shall  have, 
hold,  possess  and  enjoy  the  said  thirty  acres  of  salt  meadow,  in  as 
ample  a  manner,  and  to  the  same  use,  as  the}-  heretofore  possessed  the 
said  ninety  acres ;  and  they  and  every  of  them  from  any  pretensions 
to  the  said  ninety  acres  shall  forever  be  excluded  and  debarred ; 
and  that  the  said  Nathan [i]  [a] el  Ray  Thomas,  and  his  heirs  in  tail, 


488 


Pkovince  Laws.— 1761-G2.     [Chaps.  20,  21.] 


shall,  forever  hereafter,  in  as  ample  a  manner,  have,  hold,  possess  and 
enjoy  the  said  ninety  acres  in  the  same  way  and  manner  as  he  hereto- 
fore held  and  possessed  the  said  thirty  acres  of  salt  meadow  ;  and  he, 
and  his  heirs  in  tail,  shall  forever  be  excluded  from  any  right  or  preten- 
[s][i]ion  to  said  thirty  acres  of  salt  meadow  aforementioned.  \_Passed 
and  published  November  28. 


CHAPTER    20. 

AN  ACT  TO  ANNUL[L]  A  DIVISION  HERETOFORE  MADE  BY  THE  PRO- 
PRIETORS OF  COMMON  AND  UNDIVIDED  LANDS  IN  A  PLACE,  CALLED 
PHILLIPSTOWN,  IN  THE  COUNTY  OF  YORK. 

Preamble.  Whereas  the  proprietors  of  the  common  and  undivided  lands  in  a 

place,  called  Phil[Z]ipstown,  in  tlie  county  of  York,  have  petitioned 
this  court,  setting  forth  that,  in  order  to  an  effectual  settlement  of  the 
said  lands,  it  is  needful [1]  that  a  division  be  made  thereof,  that  so  each 
proprietor  may  know  and  settle  his  part  in  severalty ;  and  that  it 
appears  by  the  records  of  said  proprietors  that,  in  the  year  1730,  a 
division  was  made  of  two  thousand  acres,  part  of  the  said  land,  into 
forty  lots  of  fifty  acres  each,  and  that  the  proprietors  drew  their  several 
lots  in  the  said  division  ;  but  that  it  no  way  appears  where  and  in  what 
manner  the  said  lot[t]s  were  laid  and  bounded,  nor  any  plan  of  the 
division  being  to  be  found,  the  petitioners  did  thereupon  pra}^  that  the 
said  ancient  division  may,  by  the  authority  of  this  court,  be  annulled 
and  vacated,  to  the  end  they  may  proceed  regularly  in  a  new  division  : — • 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Rep  rese  ntat  ives , 

[Sect.  1.]  That  the  said  division,  made  in  the  said  year  1730,  be 
and  hereby  is  annulled  and  made  void  ;  and  that  the  said  proprietors 
be  and  hereby  are  enabled  to  proceed  to  a  division  of  the  whole,  or 
any  part  of  the  lands  by  them  held  in  common,  as  aforesaid,  as  they 
might  have  done  if  the  division  aforesaid,  in  the  year  1730,  had  never 
been  made. 

Provided,  always, — 
Proviso.  [Sect.  2.]     That  nothing  in  this  act  shall  be  understood,  or  con- 

strued, to  atfect  the  right  or  title  of  any  person  actually  settled  upon 
lands,  in  any  part  of  Phil[?]ipstown,  assigned  or  allotted  to  him  before 
the  making  of  the  division  aforementioned  ;  but  such  right  and  title 
shall  be  and  remain  as  if  this  act  had  never  been  passed.  [Passed 
November  28. 


Division  in  1730 
declared  void. 


CHAPTER    21. 


Preamble. 
1711-12,  chap. 
§2. 


AN  ACT  IN  ADDITION  TO  AN  ACT,  MADE  AND  PASS[E]'D  IN  THE  TENTH 
YEAR  OF  QUEEN  ANNE,  INTIT[[7]LED  "AN  ACT  FOR  SUPPRESSING 
ROBBERIES  AND  ASSAULTS." 

Whereas  the  act  intit[^t]led  "An  Act  for  suppressing  robberies 
and  assaults,"  made  and  pass[e]'d  in  the  tenth  year  of  Queen  Anne, 
is  insufficient  to  restrain  ill-minded  and  wicked  ruffians  from  assaulting 
and  robbing  liis  majesty's  liege  people  as  they  are  travelling  the  com- 
mon roads,  highways  or  streets, — 


[2d  Sess.] 


Province  Laws. — 1761-G2. 


489 


Preamble. 


Be  it  enacted  hy  the  (rO'yerno[u]r,  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]     That  every  person  or  persons  that  shall,  after  the  first  Persons  con- 
clay  of  December  next,  assault,  rob  and  take  awa}'  from  the  person  of  Jgiony  ^"*"^  **^ 
another,  in  or  upon  any  highwa}^,  street,  passage,  fiekl  or  open  place, 
any  money,  goods,  cloathing  or  other  thing,  whatsoever,  and  shall  be 
thereof  coQvict,  shall  be  adjudged  guilty  of  felony,  and  suffer  the  pains 
of  death  accordingl}-,  without  benefit  of  clergy. 

And  ichereas,  by  the  act  aforesaid,  it  is  enacted  that  whoever  "  shall 
be  convicted  of  assaulting  or  offering  any  violence  or  insolence  to 
any  woman  or  womankind  in  the  fields,  streets  or  lanes  in  any  town, 
or  of  despoiling  them,  damnifying  or  defiicing  an^'  of  their  attire  or 
ornaments,  or  attempting  the  same,  shall  be  punished  b}-  being  pub- 
lickl}-  whipped,  not  exceeding  ten  stripes,  or  by  l)eing  committed  to  the 
house  of  correction,  to  receive  the  discipline  of  the  house,  and  continue 
there  by  the  space  of  thirty  da^s,  and  kept  according  to  the  rules  and 
orders  of  the  house,  and  also  find  sureties  for  the  good  behaviour, 
before  he  be  discharged ;  and  any  two  justices  of  the  peace,  quorum 
uiuis,  in  the  vacancy  of  the  court  of  general  sessions  of  the  peace,  are 
impowered  to  hear  and  determine  this  offence," — 

Be  it  further  enacted, 

[Sect.  2.]  That,  instead  of  the  above-mentioned  offence  being  tried  justices  of  the 
b}-  two  justices  of  the  peace,  quorxim  unus,  it  shall  be  tried  by  the  gess^ons  to^try. 
justices  of  the  court  of  general  sessions  of  the  peace,  who  are  hereby 
[e][i]mpowered  and  directed  to  try  the  same;  and  the  person  or 
persons  convicted  shall  be  sentenced  to  pa}'  a  fine  not  exceeding  ten 
pounds,  at  the  discretion  of  the  justices,  according  to  the  nature  of  his 
or  their  offence,  or  to  be  publickly  whipped,  not  exceeding  ten  stripes  ; 
any  law,  usage  or  custom  to  the  contrary  notwithstanding.  [^Passed 
and  published  November  28. 


490 


Province  Laws.— 1761-62.         [Chap.  22.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
'ON  the  Thirteenth  day  of  January,  A.D.  1762. 


CHAPTER    22. 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITULED  "AN  ACT  FOR  SUPPLY- 
ING THE  TREASURY  WITH  THE  SUM  OF  FORTY-NINE  THOUSAND 
ONE  HUNDRED  POUNDS,  TO  BE  THENCE  ISSUED  FOR  THE  DIS- 
CHARGING THE  PUBLICK  DEBTS,  AND  DRAWING  THE  SAME  INTO 
THE  TREASURY  AGAIN,"  AND  TO  ONE  OTHER  ACT,  INTITULED  "AN 
ACT  TO  SUPPLY  THE  TREASURY  WITH  THE  SUM  OF  THIRTY-NINE 
THOUSAND  POUNDS." 


Preamble. 
1761-62,  chap.  4. 


1761-62,  chap. 
15. 


Treasurer  to 
issue  notes  of  a 
new  form. 


Form  of  treas- 
urer's receipt. 


1749-50,  chap. 


"Whereas,  in  and  by  an  act  of  the  great  and  general  court,  made  and 
passed  at  their  session  in  Ma}',  one  thousand  seven  hundred  and  sixt}-- 
one,  the  treasurer  was  inipowered  and  directed  to  borrow  a  sum,  not 
exceeding  fortj'-nine  tliousand  and  one  hundred  pounds,  and  b}^  one 
other  act,  made  and  passed  at  the  same  session,  the  treasurer  was  im- 
powered  and  directed  to  borrow  a  further  sum,  not  exceeding  thirty-nine 
thousand  pounds,  both  which  sums  amount  to  eighty-eight  thousand 
one  hundred  pounds  ;  for  which  sums,  by  the  acts  aforesaid,  the  treas- 
urer was  to  give  his  receipts,  or  obhgatioiis,  to  repa}'  the  same  upon  the 
twentieth  of  June,  one  thousand  seven  hundred  sixty-three  ;  and  it 
appearing  to  this  court  that  the  treasurer  has  not  borrowed  the  afore- 
said sum  of  eighty-eight  thousand  one  hundred  pounds,  nor  any  part 
thereof;  and  whereas  the  parliamentarj'  grants  for  several  years  past 
have  been  remitted,  and  received  into  tlie  treasur}-  of  tliis  province,  in 
gold  coin,  and  paid  out  to  the  several  province  creditors  to  wliom  it 
was  due,  and  gold  is  now  become  bj-  far  the  greatest  part  of  the  medium 
of  trade  in  this  province  ;  and  it  may  be  greatl}'  to  the  disadvantage 
of  the  people  of  this  province  to  be  obliged  to  pay  their  taxes,  for  the 
mone}'  which  is  yet  to  be  borrowed  b}-  the  treasurer,  in  any  other  species 
than  in  such  money  as  has  been  received  as  aforesaid, — 

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

[Sect.  1.]  That  the  treasurer,  instead  of  giving  his  receipts  or 
obligations  in  the  manner  and  form  agreed  on  by  the  acts  aforesaid, 
shall  give  his  receipts  or  obligations  in  the  form  following ;  viz., — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D. 

Borrowed  and  received  of  the  sum  of  ,  for  the  iise  and 

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  treas- 
urer to  repay  the  said  or  to  his  order,  the  day  of 
,  A.D.  ,  the  aforesaid  sum  of  , 
in  Spanish  niill'd  dollars  at  six  shillings  each,  or  in  the  several  species  of 
coined  silver  and  gold  enumerated  in  an  act  made  and  passed  in  the  twenly- 
third  year  of  his  late  majesty  King  George  the  Second,  intituled  "  An  Act  for 


[3d  Sess.] 


Peovince  Laws. — 1761-62. 


491 


ascertaining  the  rates  at  which  coined  silver  and  gold,  English  halfpence  and  ' 
farthings,  may  pass  within  this  government,"  and  according  to  the  rates  therein 
mentioned,  with  interest,  annually,  at  six  per  cent. 

Witness  my  hand.  H.  G.,  Treasurer. 

A.  B.,) 

C.  D.,  >-  Committee. 

E.  F,) 

— ^which  form,  except  as  is  hereafter  provided,  shall  be  printed  upon  To  be  stamped, 
the  most  suitable  paper  that  can  be  provided  by  the  treasurer,  and  a 
suitable  border  round  the  same, — with  the  words  "Province  of  the 
Massachusetts  Ba}","  the  word  "Committee,"  and  the  words  "Wit- 
ness my  hand," — shall  be  struck  off  from  a  copper-plate,  which  the 
treasurer  likewise  is  hereby  directed  and  impowered  to  procure  :  and 
each  blank,  before  it  be  filled  up,  shall  be  stamped,  in  some  convenient 
part  of  it,  with  a  stamp  of  a  new  form,  to  be  procured  by  the  treasurer 
for  that  purpose. 

And  be  it  further  enacted, 

[Sect.  2.]  That  a  committee  of  three  shall  be  appointed  by  the  Committee  to 
general  court,  who  shall  sign  all  the  blanks,  at  the  left  hand,  as  in  the  treasurer.**** 
form  aforesaid  is  prescribed,  before  the  treasurer  fills  them  up ;  and 
the  said  treasurer  and  said  committee  are  also  impowered  and  directed 
to  dispose  of  the  custody  of  said  copper-plate,  and  stamp,  in  such  man- 
ner as  in  their  discretion  shall  api^ear  most  likely  to  prevent  any  frauds 
or  counterfeits  ;  and  the  said  committee,  and  all  persons  to  be  emploj'ed 
in  the  printing,  engraving  or  stamping  of  said  blanks,  shall  be  under 
oath  to  the  faithful  discharge  of  their  respective  trusts.  [^Passed  Jan- 
uary 31 ;  *  published  February  15,  1762. 


CHAPTER    23. 

AN    ACT    TO    SUPPLY    THE    TREASURY  WITH    THE    SUM  OF    TWENTY- 
FIVE   THOUSAND  POUNDS. 


Whereas  there  is  no  provision  made  by  this  court  to  pay  oflf  the  Preamble, 
forces  employed  by  this  government  for  their  services  in  the  year  one 
thousand  seven  hundred  and  sixtj'-one,  under  the  command  of  General 
Amherst, — 

Be  it  enacted  by  the  (xOwrno[u]r,  Council  and  House  of  Represen- 
tatives, 

[Sect.  1.]     That  the  treasurer  be   and   he  hereby  is  directed  and  Treasurer  em- 
[e][i]mpow[e]red  to  borrow,  from  such  person  or  persons  as  shall  be  row  £25,000!'°''' 
willing  to  lend  the  same,  a  sum  not  exceeding  twenty-five  thousand 
pounds,  in  mill'd  dollars  at  six  shillings  each,  or  in  coined  silver  and 
gold  at  the  rate  mentioned  in  an  act  of  this  province  made  and  passed 
in  the  twent^'-third  year  of  his  late  majesty  George  the  Second,  inti- 
t[M]led  "  An  Act  for  ascertaining  the  rates  at  whi<,'li  coined  silver  and  1749-50,  chap, 
gold,  and  English  halfpence  and  farthings,  ma}'  pass  within  this  gov-  ^^' 
ernment." 

And  for  the  sum  so  borrowed,  the  treasurer  shall  give  his  receipts  or 
obligations  in  the  form  following;  viz^'^. , — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D.         .   Formoftreas- 

Borrowed  and  received  of  the  stun  of  ,  for  the  use   urer's  receipt, 

and  service  of  the  province  of  the  Massachusetts  Bay ;  and,  in  behalf  of  said 

*  Signed  March  6,  according  to  the  record. 


492 


Peovince  Laws. — 1761-62. 


[Chap.  23.] 


To  l>e  stamped. 


Committee  to 
Bign  with  the 
treasurer. 


Money  bor- 
rowed, bow  to 
be  applied. 


Tax  of  £30,000, 
granted  in  1764. 


Rule  for  appor- 
tioning the  tax, 
in  case  no  tax 
act  shall  be 
agreed  on. 


■  province,  I  do  hereby  promise  and  oblige  myself  and  successors  in  the  office  of 
treasurer  to  repay  to  the  said  or  to  his  order,  on  the  twentieth 

day  of  June,  A.D.  one  thousand  seven  hundred  and  sixty-five,  the  aforesaid 
sum  of  ,  in  Spanish  mill'd  dollars  at  six  shillings  each,  or  in  the 

several  species  of  coin'd  silver  and  gold  enumerated  in  an  act,  made  and  passed 
in  the  twenty-third  year  of  his  late  majesty  King  George  the  Second,  inti- 
t[w]led  "  An  Act  for  ascertaining  the  rates  at  which  coined  silver  and  gold, 
English  haKpeuce  and  farthings,  may  pass  within  this  government,"  and  ac- 
cording to  the  rates  therein  mentioned,  with  interest,  annually,  at  six  per  cent. 
Witness  my  hand.  H.  G.,  Treasurer. 

A.B.,;^ 

C.  D.,  >■  Committee. 
E.  F.,) 

— and  no  receipt  shall  be  given  for  less  than  six  pounds  ;  which  form, 
excepting  as  is  hereafter  provided,  shall  be  printed  upon  tlie  most 
suitable  paper  that  can  be  procured  by  the  treasurer ;  and  a  suitable 
border  round  the  same,  also  the  words  "Province  of  the  Massachu- 
setts Bay,"  the  word  "Committee,"  and  the  words  "Witness  my 
hand,"  shall  be  struck  off  from  a  copper-plate,  which  the  treasurer  like- 
wise is  empowered  to  i^rocure  :  and  each  blank,  before  it  is  filled  up, 
shall  be  stampt  with  a  stamp,  of  a  new  form,  to  be  procured  bj^  the  treas- 
urer for  that  purpose. 

And  be  it  further  enacted, 

[Sect.  2.]  That  a  committee  of  three  shall  be  appointed  b}^  the 
general  court,  who  shall  sign  all  the  blanks,  at  the  left  hand,  as  in  the 
form  aforesaid  is  prescribed,  before  the  treasurer  fill  them  up ;  and 
the  said  treasurer  and  said  committee  are  also  [e][t]mpowered  and  di- 
rected to  dispose  of  the  custod}'  of  said  copper-plate,  and  stamp,  in  such 
manner  as  in  their  discretion  shall  appear  most  likely  to  prevent  any 
frauds  or  counterfeits  ;  and  the  said  committee,  and  all  persons  to  be 
employed  in  the  printing,  engi'aving  or  stamping  of[f]  said  blanks, 
shall  be  under  oath  to  the  faithful  discharge  of  their  respective  trusts. 

Be  it  further  enacted, 

[Sect.  3.]  That  the  monies  borrowed  by  the  treasui'er,  b}'  virtue  of 
this  act,  shall  be  appl[i][y]ed  for  the  payment  of  the  forces  employed 
bj'  this  government  in  the  year  one  thousand  seven  hundred  and  sixty- 
one,  and  drawn  out  of  the  publie[k]  treasury,  by  warrant  from  the 
governo[u]r,  with  advice  of  council,  upon  the  appropriation  for  the 
campaign  in  the  j'ear  one  thousand  seven  hundred  and  sixty-one. 

And  in  order  to  draw  said  raonej'  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.  4.]  That  there  be  and  hereby  is  granted  unto  his  most  ex- 
cellent majesty  a  tax  of  thirty  thousand  pounds,  to  be  levied  on  [the] 
polls,  and  estate  both  real  and  personal,  within  this  province,  accord- 
ing to  such  rules  and  in  such  proportions  on  the  several  towns  and  dis- 
tricts w'ithin  this  province,  as  shall  be  agreed  on  and  ordered  by  the 
general  court  or  assembly  at  their  sessions  in  May,  one  thousand  seven 
hundred  and  sixt3'-four,  and  to  be  paid  into  the  publick  treasury  on  or 
before  the  last  day  of  March  then  next  after. 

And  be  it  further  enacted, 

[Sect.  5.]  That  if  the  general  court,  at  their  sessions  in  May,  one 
thousand  seven  hundred  and  sixty-four,  and  sometime  before  the  twen- 
tieth day  of  June  in  said  year,  shall  not  agi'ee  and  conclude  upon  an 
act  apportioning  the  sums  which,  b}-  this  act,  are  engaged  to  be  in  said 
3'ear  apportioned,  assessed  and  levied,  then  and  in  such  case,  each 
town  and  district  within  this  province  shall  pay,  by  a  tax  to  be  Ica  icd 


[3d  Sess.] 


Pkovince  Laws. — 1761-62. 


493 


on  the  polls,  and  estates  both  real  and  personal,  within  their  limits,  the 
same  proportion  of  the  said  sum  as  the  said  towns  and  districts  were 
taxed  b}^  the  general  court  in  the  tax  act  then  last  preceeding. 

[Sect.  6.]  And  the  province  treasurer  is  hereby  fully  [e][j]mpow- 
ered  and  directed,  sometime  in  said  month  of  June,  in  the  same  j'ear, 
one  thousand  seven  hundred  and  sixt^^-four,  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  parts  and  proportions  of  the  sums  before  directed 
and  engaged  to  be  assessed,  to  be  paid  into  the  treasury  on  the  afore- 
mentioned 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  the  secretary' 
to  whom  it  belongs  to  keep  the  muster-rolls  and  accounts  of  charge, 
shall  lay  before  the  house  of  representatives,  when  they  direct,  such 
muster-rolls  and  accounts,  after  pa3-ment  thereof. 

Provided,  always, — 

[Sect.  7. J  That  the  remainder  of  the  sum  which  shall  be  brought  Proviso, 
into  the  treasury  by  the  taxes  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  treas- 
ury, to  be  applied  as  the  general  court  of  this  province  shall  hereafter 
order,  and  to  no  other  purpose  whatsoever.  [^Passed  January  29  ;  * 
published  February  15,  1762. 


CHAPTER    24. 


AN  ACT  FOR  GRANTING  UNTO  HIS  MAJESTY  AN  EXCISE   UPON  SPIRITS 
DISTILLED,  AND  WINE,  AND  UPON  LIMES,  LEMMONS  AND  ORANGES. 

We,  his  majesty's  most  loyal  and  dutiful  subjects,  the  representa-  Preamble, 
lives  of  the  province  of  the  Massachusetts  Bay,  in  general  court  assem- 
bled, being  desirous  of  lessening  the  present  debt  of  the  province,  have 
chearfull}'  and  unanimousl}'  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  and  collected,  and  paid  in  manner  and  form  fol- 
lowing : — 

And  be  it  accordingly  enacted  by  the  Oovernor,  Council  and  House  of 
Pejjresentati  ves , 

[Sect.  1.]     That  from  and  after  the  twenty-fifth  day  of  March,  one   Time  of  this 
thousand  seven  hundred  and  sixty-two,  and  until  the  twent^'-sixth  day  ance."""''"'^" 
of  March,  one  thousand  seven  hundred  and  sixty-five,  ever}'  person 
already  licen[s][o]ed,  or  that  shall  be  hereafter  licen[s][c]ed,  to  retail 
rum  or  other  spirits  distilled,  or  wine,  shall  pay  the  duties  following: — 

For  every  gallon  of  rum  and  spirits  distilled,  eightpence. 

For  every  gallon  of  wine,  of  everj'  sort,  twelvepence. 

For  ever}'  hundred  of  lemmons  or  oranges  used  and  consumed  in 
making  punch,  or  otherwise  for  sale  by  taverners  and  innholders  only, 
eight  shillings. 

For  every  hundred  of  limes  used  and  consumed  in  making  punch,  or  Accounutobe 

taken. 
*  Signed  March  6, 1762,  according  to  the  record. 


494 


Province  Laws.— 1761-62.  [Chap.  24.] 


otherwise  for  sale  by  taverners  and  innholders  only,  three  shillings. 
— And  so  proportionably  for  any  quantity  or  number. 

And  be  [?f]  further  enacted, 

[Sect.  2.]  That  every  retailer  of  rum,  wine  or  spirits  distilled, 
taverner,  innholder  and  common  victualler,  shall,  on  the  tweutj'-sixth 
day  of  March,  one  thousand  seven  hundred  and  sixty-two,  take  a  just 
and  true  account,  in  writing,  of  all  wine,  rum  and  spirits  distilled,  then 
b}'  him  or  her,  or  in  his  or  her  possession  ;  and  that  ever}'  person  who 
shall  be  hereafter  licen[s][c]ed  to  be  a  taverner,  innholder,  common 
victualler  and  retailer  of  wine,  rum  or  spirits  distilled,  shall  take  a  like 
account  of  all  wine,  rum  and  other  spirits  distilled,  by  liim  or  her,  or  in 
his  or  her  possession,  at  the  time  of  such  licen[s][c]e  granted;  and 
ever}'  taverner,  innholder,  common  victualler  and  retailer  of  rum  or 
other  spirits  distilled,  or  wine,  shall  make  a  fair  entr}-,  in  a  book  by 
them  respecfivel}'  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  bu}-,  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-3'ear  shall  take  a  just  and  true  account 
how  much  thereof  then  remains  b}'  them  ;  and  shall,  in  writing,  under 
their  hands,  render  to  him  or  them  that  shall  collect  the  duties  afore- 
said the  whole  of  those  several  accounts,  and  shall  also  make  oath,  in 
the  form  following,  before  such  collector  or  collectors,  who  are  hereby 
impowered  to  administer  the  same  : — 


Form  of  the 
oath. 


You,  A.  B.,  do  swear  that  the  account  by  you  now  rendered,  is,  to  the  best 
of  your  knowle[d]ge,  a  just  and  true  account  of  all  wines,  rum  and  distilled 
spirits  you  had  by  you,  or  in  your  possession,  on  the  twenty-sixth  day  of 
March,  one  thousand  seven  hundred  and  sixty-two,  and  also  of  all  the  wine, 
rum  and  other  distilled  sphits  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  coiuiivance,  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  believe  that  there  has  been  by  you,  or  by  any 
other  person  or  persons  for  or  under  you,  or  by  your  or  their  order,  allowance, 
consent  or  connivance,  either  directly  or  indirectly,  sold,  used  or  consmned 
any  wine,  or  any  liquor  for,  or  as,  wine,  any  rum  or  distilled  spirits,  or  Uquor 
for,  or  as,  rum  or  distilled  spirits ;  or  that  there  has  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  in  making  punch,  or  otherwise 
for  sale,  since  the  said  twenty-sixth  day  of  March,  one  thousand  seven  hun- 
dred and  sixty-two,  besides  what  is  contained  in  the  account  by  you  now 
rendered.     So  help  you  God. 


Penalty  for  col. 
lector's  receiv- 
ing accounts 
Without  oath. 


Oath  to  be 
varied. 


Duties  to  the 
coUector. 


Ten  per  cent 


— and  every  collector  of  the  excise  who  shall  receive  any  account  from 
an}'  person,  in  consequence  of  this  act,  without  their  making  oath  to  the 
same,  as  aforesaid,  shall  forfeit  and  pay  for  the  use  of  the  government 
the  sum  of  twenty  pounds. 

[Sect.  3.]  And  for  every  person  that  was  not  licen[s][c]ed  on 
the  same  twenty-fifth  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  accounts  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  accounts  shall  be  inserted  and  used. 

[Sect.  4.]  And  every  such  taverner,  innholder,  retailer  and  com- 
mon victualler  shall  pay  the  duties  aforesaid  to  him  or  them  that  shall 
collect  the  same,  on  the  whole  of  the  several  articles  mentioned  in  such 
account  rendered,  saving  only  for  such  part  thereof  as  remains  in  their 
hands  unsold:  provided,  nevertheless,  that  for  lealcage,  Sicf^K,  ten  per 


[3d  Sess.] 


Province  Laws. — 1761-62. 


495 


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  everj' person  hereafter  licen[s][c]ed  to  be  a  tav- 
erner,  innholder,  common  victualler  or  retailer  of  an}'  wine,  rum  or 
spirits  distilled  shall,  within  thirty  days  after  such  licen[s][c]e  granted, 
and  before  he  or  she  shall  sell  b}'  virtue  of  the  same,  not  only  become 
bound  to  keep  good  rule  and  order,  as  by  law  is  already  required,  but 
shall  also  become  bound,  with  sufficient  sureties,  b}-  way  of  recognizance, 
to  his  majest}',  for  the  use  of  this  government,  in  a  sufficient  sum,  to  be 
ordered  bj'  the  court  that  grants  the  licen[s][c]e,  which  sum  shall  not 
exceed  three  hundred  pounds  nor  be  less  than  fifty  pounds,  condi- 
tioned that  the}'  shall  keep  and  render  the  accounts  aforesaid,  and  pay 
the  duties  aforesaid,  as  in  and  b}'  this  act  is  required. 

And  be  it  further  enacted, 

[Sect.  6.]  That  ever}-  such  taverner,  innholder,  common  victualler 
and  retailer,  w'ho  shall  neglect  or  refuse  to  take,  keep  and  render  such 
accounts  as  by  this  act  are  required,  or  that  shall  neglect  or  refuse  to 
take  the  oath  aforesaid,  shall  forfeit  and  pa}',  to  liim  or  them  that  shall 
collect  the  duties  aforesaid,  double  the  sum  which  the  court  of  general 
sessions  of  the  peace  in  that  count}'  shall  adjudge  that  the  duties  of 
excise  upon  the  liquors,  limes,  lemmons  and  oranges,  by  such  taverner, 
innholder,  common  victualler  or  retailer,  or  by  any  for,  by  or  under 
him  or  them,  sold,  used  or  consumed  would  have  amounted  to  ;  and  no 
person[«]  shall  be  licen[s][c]ed  by  the  justices  of  the  general  sessions 
of  the  peace,  who  have  not  accounted  with  the  collector,  and  paid  him 
the  excise  aforesaid,  due  from  such  person  at  the  time  of  his  or  her 
taking  or  renewing  his  licence. 

And  lohereas,  notwithstanding  the  laws  made  against  selling  strong 
drink  without  licence,  many  persons,  not  regarding  the  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  government  thereby  defrauded, — 

Be  it  therefore  enacted, 

[Sect.  7.]  That  if  any  distiller,  importer,  or  any  other  person  what- 
soever, after  the  said  twenty-fifth  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  obtained  from  the  court  of  general  sessions  of 
the  peace  in  that  county,  and  recognizing  in  manner  as  aforesaid,  shall 
forfeit  and  pay  for  each  offence  the  sum  of  four  pounds  and  costs  of 
prosecution,  two  thirds  for  the  use  of  the  government,  and  the  other 
third  for  the  prosecutor  ;  and  all  such  as  shall  neglect  or  refuse  to  pay 
the  fine  aforesaid,  shall  stand  closely  committed  in  the  common  goal  of 
the  county,  and  not  have  the  liberty  of  the  goaler's  house  or  yard, 
until  said  sum  of  four  pounds  is  paid,  with  costs  ;  and  any  goaler 
giving  liberty  contrary  to  this  act,  shall  forfeit  and  pay  the  said  sum 
of  four  pounds,  to  be  disposed  of  in  manner  aforesaid,  and  costs  of 
prosecution. 

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  confidence  of  having  the  like  liquors  returned 
again,  be  a  sale  thereof;  wherefore,  for  removing  all  such  doubts, — 

Be  it  enacted, 

[Sect.  8.]     That  all  rum,  brandy  and  other  sph-ituous  liquors,  and 


allowed  for 
leakage. 


Taverneis,  &c., 
to  give  bond. 


Forfeiture  for 
neglect  in  keep- 
lug  and  render- 
ing accounts. 


Preamble. 


Forfeiture  for 
selling  without 
license. 


Preamble. 


Liquors  lent  or 


496 


Province  Laws.— 1761-62.  [Chap.  24.] 


delivered  on 
certain  consid- 
eration, to  be 
deemed  a  sale. 


ProvlflO. 


Preamble. 


Persons  not 
licensed  supply- 
ing those  em- 
ployed by  them 
in  the  fishery, 
&c.,  with  spir- 
ituous  liquors, 
to  be  deemed 
eellers. 


One  witnesB 
sufficient  for 
couvictiou. 


Penalty  for  sell- 
ing  strong  drink 
to  negroes,  mu- 
lattoes,  &c. 


wine,  lent  or  delivered  to  others  for  their  use,  upon  such  like  considera- 
tion, is  and  shall  be  deemed  and  taken  to  be  an  absolute  sale  thereof; 
and  that  ever}'  person  not  licenced  as  aforesaid,  that  shall  order,  allow, 
permit  or  connive  at  the  selling  an}'  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  any  other  person 
or  persons  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,  tliat  if  it  shall  be  made  to  ap- 
pear that  the  liquors  lent  or  delivered  as  aforesaid  shall  have  had  the 
duties  paid  upon  them,  or  were  purchased  of  any  person  or  persons 
having  licence  or  permit,  the  person  lending  or  delivering  the  same,  as 
aforesaid,  shall  not  be  subject  to  the  aforesaid  pains  and  penalties. 

And  ivhereas  divers  other  persons  than  those  licen[s]  [c]ed  to  sell  rum 
and  other  distilled  spirits  by  retail,  have  heretofore  supplied  persons 
employed  by  them  in  the  fisher}',  building  vessels,  and  in  other  business, 
without  paying  any  excise  therefor,  and  thereby  have  defrauded  the 
government  of  the  duties  of  excise,  and  have  not  been  subject  to  the 
penalty  provided  by  law  against  selling  drink  without  licence,  and 
the  same  practice  will  probably  be  continued  unless  effectual  care  be 
taken  to  prevent  the  same, — 

Be  it  therefore  further  enacted, 

[Sect.  9.]  That  all  persons  not  licenced  as  aforesaid,  who  here- 
after shall,  by  themselves,  or  by  any  other  person  or  persons  under 
them,  or  by  their  orders,  allowance  or  connivance,  supply  any  person 
or  persons  [i][e]mployed  by  them  in  the  fishery,  building  of  vessels,  or 
any  other  business  or  employ,  with  rum  or  any  other  distilled  spirits, 
or  wine,  shall  be  deemed  and  taken  to  be  sellers  of  such  liquors,  and 
be  subject  to  the  aforesaid  pains  and  penalties  provided  against  persons 
selling  any  of  the  liquors  aforesaid  without  licence,  and  shall  be  re- 
covered in  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  be  it  further  enacted, 

[Sect.  10.]  That  when  any  person  shall  be  charged  with  selling 
strong  drink  without  licence,  one  witness  produced  to  the  satisfaction 
of  the  court  or  justice  before  whom  the  trial  is,  shall  be  deemed  suflS- 
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,  any  justice  of  the  peace  in  the  same  county,  shall  have 
full  power  to  convene  such  persons  before  him,  to  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  examining  such  witnesses,  and  hearing  the  defence  of  such  sus- 
pected 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 
forfeit  in  like  manner  as  if  process  had  been  commenced  by  action  or 
information  before  the  said  justice  ;  or  otherwise  the  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  he  it  further  enacted, 

[Sect.  11.]  That  when  and  so  often  as  any  person  shall  be  charged 
with  selling  strong  drink  without  licence  to  any  negro,  Indian  or  mo- 
latto  slave,  or  to  any  child  or  other  person  under  the  age  of  discretion. 


[3d  Sess.] 


Province  Laws. — 1761-62. 


497 


and  other  circumstances  concurring,  it  shall  appear  to  be  highl}'  prob- 
able, in  the  judgment  of  the  court  ov  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  tr}^  the 
cause),  such  defendant  shall  forfeit  and  pa}'  four  pounds,  one  third  to 
the  informer,  the  other  two  thirds  to  the  collector  of  excise  for  the  use 
of  the  government,  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.  12.]  That  if  an}' person  or  persons  shall  be  summoned  to  Penalty  on  per- 
appear  before  a  justice  of  the  peace,  or  the  grand  jur}',  to  give  evidence  give  evidence.'** 
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  tr}'  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  forfeit  the  sum  of  twenty 
pounds  and  cost  of  prosecution  ;  the  one  half  of  the  penalt}'  aforesaid 
to  be  to  his  majesty  for  the  use  of  the  province,  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  ever}'  such  case,  the  deposition  of  an}'  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 
having  first  had  notice,  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  ^/[yja  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  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  aforesaid. 

And  be  it  further  enacted, 

[Sect.  13.]  That  all  fines,  penalties  and  forfeitures  arising  by  this  How  fines,  &c., 
act  shall  and  may  be  recovered  by  action  or  information  before  any  1^°  *""*  '''^°°^' 
court  of  record  proper  to  try  the  same,  and,  where  the  sum  forfeited 
doth  not  exceed  four  pounds,  by  action  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  [e][i]m- 
powered  to  try  and  determine  the  same.  And  said  justice  shall  make  a 
fair  entry  or  record  of  all  such  proceedings  :  saving,  always,  to  any  per- 
son or  persons  who  shall  think  him-  her-  or  themselves  aggrieved  by  the 
determination  of  said  justice,  liberty  of  appeal  therefrom  to  the  next 
court  of  general  sessions  of  the  peace  to  be  holden  for  and  within  said 
county,  at  which  court  such  offence  shall  be  finally  determined  :  provided, 
that  in  the  same  appeal  the  same  rules  be  observed  as  are  already  re- 
quired by  law,  in  appeals,  from  justices, to  the  court  of  general  sessions 
of  the  peace,  saving,  only,  that  the  recognlzaace  for  prosecuting  the 
appeal  shall  be  eight  pounds. 

And  be  it  further  enacted, 

[Sect.  14.]     That  ever}-  collector  shall  settle  all  accounts  relating  CoUector  to  set- 


498 


Pkovince  Laws.— 1761-62. 


[Chap.  24.] 


tie  accounts. 


Collectors  of  the 
excise  to  be  ap- 
pointed by  the 
general  court. 


Form  of  the 
oath. 


Collectors  to 
give  two  re- 
ceipts for  every 
Bum  received. 


Collectors'  fees. 


Bond  to  be  giv- 
en to  the  troas- 
uier,  tor  treble 
the  sum  that  the 
excise  is  farmed 
for. 


to  said  excise  in  the  several  towns  of  the  count}-  where  he  is  collector, 
first  giving  seasonable  and  publick  notice  of  the  time  and  place  or 
places  where  said  business  shall  be  transacted. 

A7id  be  it  further  enacted, 

[Sect.  15.]  That  there  be  one  or  more  collectors  in  each  county 
appointed  by  the  general  court, — or  courts  of  general  sessions  of  the 
peace,  where  it  shall  happen  that  such  collector  refuse  to  accept  said 
office,  or  be  removed  by  death  or  for  mismanagement, — to  take  charge 
of  this  dut}-  of  excise,  who  shall  have  full  power  to  inspect  the  houses 
of  all  such  as  are  licenced,  and  of  such  as  are  suspected  to  sell  without 
licence,  which  collector  shall  be  upon  oath  to  take  care  of  the  execu- 
tion of  this  law,  and  to  prosecute  the  breakers  of  it. 

[Sect.  16.]  And  every  collector  of  the  excise  in  any  county  may 
substitute  and  appoint  one  or  more  deput}*  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  collector,  which  deputy 
and  deputies  shall  have,  use  and  exercise  all  such  powers  and  authori- 
ties as  in  and  by  this  act  are  given  or  committed  to  the  collector  for 
the  better  collecting  the  duties  aforesaid,  or  prosecuting  offenders 
against  this  act ;  for  the  doings  of  such  deputies  the  collectors  respec- 
tively shall  be  accountable. 

[Sect.  17.]  And  the  said  collectors  shall  carefully  examine  the 
accounts  of  eveiy  licenced  person  in  their  respective  counties,  and 
demand,  sue  for,  and  receive  the  several  sums  due  from  them,  by  this 
act,  and  shall  give  in  the  name  of  every  licenced  and  permitted  person, 
and  an  account,  under  their  hands,  of  the  particular  sums  they  receive, 
and  of  whom  received,  unto  the  treasurer,  upon  oath  ;  which  oath  the 
treasurer  is  hereby-  [e][i]mpowered  and  directed  to  administer  in  the 
words  following  ;  viz'^'^., — 

You,  A.  B.,  do  swear  that  this  is  a  just  and  true  account  of  the  excise  upon 
all  wines,  rum  and  distilled  spirits,  limes,  lemmons  and  oranges  by  you  re- 
ceived or  secured  to  be  paid  in  the  county  of  ;  and  that  the 
persons  by  whom  such  excise  was  paid  or  secured  to  be  paid  to  you,  were 
sworn  in  manner  and  form  as  by  law  is  prescribed.     So  help  you  God. 

[Sect.  18.]  And  at  the  time  of  receiving  any  money,  the  said  col- 
lector shall  give  two  receipts,  of  the  same  tenor  and  date,  mentioning 
what  sum  or  sums  they  have  received  from  any  taverner,  innholder, 
common  victualler  or  retailer  ;  one  of  which  receipts  to  be  by  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  said  court  shall,  within 
thirty  days  after  receipt  thereof,  transmit  the  same  to  the  treasurer  or 
receiver-general. 

[Sect.  19.]  And  such  collectors  shall  pay  in  to  the  public[k] 
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  the  six  months,  as  long  as  they  shall  continue  in 
such  office,  on  pain  of  forfeiting  the  reward  given  such  collectors  by  this 
act,  who  shall  be  allowed,  in  the  count [y][ie]s  of  Suffolk,  Essex  and 
Middlesex,  two  per  cent,  in  the  counties  of  Plymouth,  Bristol,  Hamp- 
shire and  Worcester,  two  and  an-half  per  cent,  and  in  the  other  coun- 
ties, three  per  cent,  on  all  money  by  them  collected  and  paid  into  the 
treasury  as  aforesaid,  each  collector,  before  he  enters  into  the  said  office, 
to  give  bond  for  treble  the  sum  that  it  was  farmed  for  in  the  respective 
counties,  in  the  year  one  thousand  seven  hundred  and  fiftj'-seven,  to  the 
treasurer  of  this  province  for  the  time  being,  and  his  successors  in  said 
office ;  which  bond  sliall  be  executed  before  the  next  court  of  general 


[3d  Sess.] 


PROvmcE  Laws. — 1761-62. 


499 


sessions  of  the  peace,  in  the  respective  counties,  after  such  appoint- 
ment, where  the  said  collectors  live,  or  before  two  of  his  majesty's 
justices  of  the  peace,  in  the  respective  counties,  one  to  be  of  the  quo- 
rum: one  of  the  said  justices  to  return  the  certificate  to  the  clerk  of  the 
sessions  within  thirty  days,  as  aforesaid,  and  be  transmitted  to  the 
treasurer  of  the  province  b}'  the  clerk  of  the  peace  within  such  count}', 
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  fift}'  days  after  either  of  the  times  of  pfi}'- 
ment. 

And  he  it  farther  enacted^ 

[Sect.  20.]  That  in  case  any  collector  of  the  excise  as  aforesaid, 
or  his  deputy,  shall,  at  an}'  time  during  their  continuance  in  that  office, 
wittingh'  and  willingl}'^  connive  at,  or  allow  any  person  or  persons  in 
their  respective  divisions,  not  licenced  b}'  the  court  of  general  sessions 
of  the  peace,  their  selling  any  wine,  rum  or  other  liquors  b}'  this  act 
forbidden,  such  collector  or  deputy,  for  every  such  offence,  shall  forfeit 
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  from  ser\'ing  in  said  office  :  saving 
that  said  collector  may  give  a  permit  to  any  person  to  sell  rum,  or 
other  spirits  distilled,  or  wine,  in  quantit}'  from  twenty-five  gallons 
anu  upwards,  agreeable  to  this  act. 

Provided,  always,  and  it  is  the  true  intent  and  meayiing  of  this  act, — 

[Sect.  21.]  That  if  any  taverner  or  retailer  shall  sell  to  any  other 
taverner  or  retailer  an}' quantit}'  of  whatever  distilled  liquors  and  wine, 
such  taverner  or  retailer,  selling  as  aforesaid,  shall  not  be  held  to  pa}'- 
such  duty,  but  the  taverner  or  retailer  who  is  the  purchaser  shall  pay 
the  same  ;  and  the  seller  as  aforesaid,  shall,  and  hereby  is  required  to, 
deliver  to  the  collector  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  spiritu- 
ous liquors  may  be  increased,  and  raised  with  more  equality, — 

Be  it  enacted, 

[Sect.  22.]  That  from  and  after  the  twenty-fifth  day  of  March,  one 
thousand  seven  hundred  and  sixty-two,  to  the  twenty-fifth  day  of  March, 
one  thousand  seven  hundred  and  sixty-five,  upon  all  rum  and  other  dis- 
tilled s[)irits,  and  all  wine  imported  and  manufactured,  and  sold  for 
consumption  within  this  province,  there  be  laid  and  [j.s]  hereby  [is] 
laid  the  duties  of  excise  following  ;  viz^., — 

For  every  gallon  of  rum  and  spirits  distilled,  eightpence. 

For  every  gallon  of  wine  of  every  sort,  one  shilling. 
— To  be  paid  to  the  collector  of  excise,  or  his  deputy,  by  every  person 
having  permit  to  sell  the  said  liquors  in  each  county,  respectively. 

A7id  be  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  any  part  thereof, 
without  having  a  permit  so  to  do  from  the  collector  of  excise,  or  his 
deputy.  And  every  person  distilling  or  manufticturing  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 
collector  of  excise,  or  his  deputy,  on  forfeiture  of  fifty  pounds  and  of 
the  value  of  the  liquors  so  sold  ;  and  the  said  permit  shall  express  the 
particular  county  where  the  said  liquors  shall  be  permitted  to  be  sold  ; 


Penalty  for  col- 
lectors or  depu- 
ties offending. 


Proviso. 


Duties  to  be 
paid  upon  all 
liquors  import- 
ed or  manufac- 
tured. 


Liquors  not  to 
be  sold  by  the 
importer,  &c., 
without  a  per- 
mit. 


500 


Province  Laws. — 1761-62. 


[Chap.  2-1.] 


Collector  apply- 
ing to  a  justice 
for  a  warrant 
may  search  for 
liquors  sup- 
posed to  be 
concealed. 


ami  if  an}'  person  who  shall  have  such  permit  shall  sell  and  deliver,  or 
cause  to  be  sold  and  delivered,  an}'  of  the  liquors  aforesaid  from  any 
other  county  not  mentioned  in  such  permit,  he  shall  forfeit  four  pounds, 
to  be  paid,  one  third  to  the  prosecutor,  and  the  other  two  thirds  to 
the  collector  for  the  use  of  this  government. 

Provided,  nevertheless, — 
Proviso.  [Sect.  24.]     That  the  impost  officer  and  his  deput}'  shall  be  and 

hereby  are  respectivel}-  [e][«]mpowered  to  grant  a  permit  for  selling 
the  liquors  aforesaid,  or  any  of  them,  to  any  person  applying  for  the 
same,  until  a  collector  be  appointed  in  each  county,  respectivel}',  to 
whom  the  dut}'  of  excise  shall  be  paid  as  aforesaid,  and  until  the  col- 
.  lector  shall  give  public[k]  notice  of  his  appointment  as  aforesaid.  And 
the  said  impost  officer  and  deput}',  shall  transmit,  to  the  collector 
of  each  county,  an  account  of  the  permits  by  each  of  them,  respeetivel}', 
granted  to  persons  living  in  such  count}'. 

And  he  it  farther  enacted, 

[Sect.  25.]  That  if  the  collector  aforesaid  or  his  deputy  shall 
have  information  of  any  place  where  any  of  the  liquors  aforesaid  shall 
have  been  sold  by  any  person  not  having  permit,  as  aforesaid,  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  collector  or  de[)Ut[ie][.//]s  making 
oath  that  he  hath  had  information  as  aforesaid,  and  that  lie  hath  just 
cause  to  suspect  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  collector,  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  said  place,  and  finding  such  liquors,  may  seize 
and  take  the  same  into  his  own  custody  ;  and  the  collector  aforesaid,  or 
his  deputy,  shall  be  and  hereby  is  [e][/]mpowered  to  command  assist- 
ance and  impress  carriages  necessary  to  secure  the  liquors  seized  as 
aforesaid  ;  and  persons  refusing  assistance,  or  preventing  said  officers 
from  executing  their  office,  shall  forfeit  five  pounds  to  his  majesty  for 
the  use  of  the  province,  and  the  said  collector  or  his  deputy  shall  make 
reasonable  satisfaction  for  the  assistance  afforded  and  carriages  made 
use  of  to  secure  the  liquors  seized  as  aforesaid  ;  and  the  collector,  or 
his  deputy,  shall  then  file  an  information  of  such  seizure  in  the  infe- 
rio[«]r  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-honse  where 
the  same  were  seized,  to  appear  and  shew  cause,  if  any  he  hath,  why 
the  said  liquors  so  seized  should  not  be  adjudged  forfeited  ;  and  if 
such  owner  or  occupier  shall  not  shew  cause  as  aforesaid,  or  make 
default,  the  said  liquors  shall  be  adjudged  forfeited,  and  the  said  court 
shall  order  them  to  be  sold  at  public [k]  vendue,  and  the  neat  produce 
of  such  sale  shall  be  paid,  one  third  to  the  prosecutor,  the  other  two 
thirds  to  the  collector  for  the  use  of  this  government. 

Provided, — 
Proviso.  [Sect.  2(S.']     That  if  the  liquors  seized  as  aforesaid  be  less  in  quan- 

tity than  one  hundred  gallons,  the  collector,  or  his  deputy,  shall  file  an 
information  thereof  with  one  of  the  justices  of  the  i^eace  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  make  default  as  aforesaid,  he  shall 
adjudge  such  liquors  forfeited,  and  shall  order  them  to  be  sold  as  afore- 
said, and  the  neat  produce  of  such  sale  to  be  disposed  of  as  aforesaid  : 
saving  to  the  person  convicted  liberty  of  appeal,  entring  into  reeogni- 


[3d  Sess.] 


Province  Laws. — 1761-62. 


501 


zance  to  the  king,  for  the  use  of  the    province,  in  the  sum  of  fifty 
pounds. 

And  be  it  ftir titer  enacted^ 

[Sect.  27.]  That  every  person  having  permit,  as  aforesaid,  shall,  st 
the  end  of.  each  half-year  respectively,  from  the  twenty-fifth  day  cf 
March,  one  thousand  seven  hundred  and  sixty-two,  be  ready  to  render 
to  the  collector  aforesaid,  or  his  deputy,  an  account,  on  oath,  of  all  the 
liquors  aforesaid  by  him  or  her,  or  any  person  or  persons  in  his  or  her 
behalf,  sold  ;  and  also  of  all  the  aforesaid  liquors  by  him'  or  her  im- 
ported, distilled  or  manufactured,  or  which  have  come  into  his  or  her 
possession  since  the  twenty-fifth  day  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  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  collector  or  his  deputy  the  duty 
aforesaid,  excepting  for  so  much  as  shall  have  been  sold  to  tavcrners, 
innholders  or  retailers  having  licence  from  the  sessions  as  aforesaid, 
or  to  an}'  other  persons  having  permit  as  aforesaid,  and  so  much  as 
shall  have  been  exported  out  of  this  province ;  and  if  any  of  said  liq- 
uors 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  permit,  and  time 
when  the}'  purchased  the  same ;  and  the  persons  accounting  shall  ex- 
hibit a  certificate  under  the  hand  of  the  licenced  or  permitted  person 
l)urchasing,  which  shall  express  the  number  of  gallons,  and  the  kind  of 
the  liquors  purchased,  and  the  time  when  the  same  was  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  collector, 
or  his  deputy ;  and  for  the  quantity  of  the  said  liquors  mentioned  in 
such  certificate,  the  said  collector  or  his  deputy  shall  not  demand  any 
duty,  but  shall  deliver  said  certificate  to  the  collector  of  the  county 
wherein  such  licenced  or  permitted  persons,  signing  the  same,  lives ; 
which  last-mentioned  collector  or  his  deputy'  shall  settle  with  such 
licenced  or  permitted  person  for  the  duty  aforesaid  which  may  be  due 
from  him  or  her. 

[Sect.  28.]  And  if  any  person  having  a  permit  or  licence,  as  afore- 
said, shall  ship  or  export  an}'  of  the  liquors  aforesaid  out  of  this  prov- 
ince in  a  quantity  not  less  than  thirty  gallons,  and  shall  make  an  entry 
thereof  w^ith  the  collector  aforesaid,  or  his  deputy,  and  shall  produce  to 
such  collector,  or  his  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  carried  out  of  the  province  by  laud,  or  in  small  boats, 
then  of  the  person  who  is  master  of  the  land-carriage  or  boat) ,  express- 
ing the  quantity  thereof  and  the  time  of  their  being  shipped,  and  shall 
lodge  such  receipt  or  bill  of  lading  with  the  collector  or  his  deputy 
aforesaid,  and  at  the  same  time  shall  swear  that  such  liquors  are  hond 
fide  sent,  or  intended  to  be  sent,  out  of  the  province,  he  or  she  shall 
not  be  held  to  pay  the  duty  thereon  aforesaid. 

[Sect.  29.]  And  if  any  person  not  having  permit  or  licence  shall 
purchase,  for  exportation  out  of  this  province,  any  of  said  liquors,  in  a 
quantity  not  less  than  thirty  gallons,  of  a  person  having  permit  or 
licence,  the  purchaser  shall  make  entry  with  the  collector  or  his  deputy, 
and  at  the  same  time  swear  that  such  liquors  are  hond  fide  sent,  or  in- 
tended to  be  sent,  out  of  this  province,  and  shall,  within  ten  days  after 
shipping  the  same,  deliver  one  of  the  receipts  or  bills  of  lading  given 
for  such  liquors,  as  aforesaid,  to  the  person  of  whom  he  purchased  the 


Persons  having 
permit,  us  afore- 
said, to  render 
an  account  to 
tlic  collector,  at 
the  end  of  every 
half-year,  sav- 
ing, '&c. 


Persons  having 
permit,  as  afore- 
said, to  give  an 
account  of 
liquors  by  them 
sent  out  of  the 
province. 


Persons  not  hav- 
ing permit  to 
render  an  ac- 
count, &c. 


502 


Pbovince  Laws.— 1761-62.  [Chap.  24.] 


Penalty  for 
masters  or 
others  giving 
certificate  ■with- 
out receiving 
the  lic^uors. 


Proviso. 


Collector  to  give 
certificate,  on 
penalty. 


Persons  apply- 
ing for  a  permit, 
to  give  bond. 


Preamble. 


Persons  import- 
ing liquors  for 
private  con- 
sumption, &c., 
to  render  ac- 
count thereof  to 
the  collector. 


same,  or  be  subject  to  pa}'  the  amount  of  the  duty  thereon  to  the  per- 
son of  whom  he  purchased  the  same  as  aforesaid,  who  shall  pay  such 
duty  to  the  collector  or  his  deputy  ;  but  if  the  purchaser  aforesaid  shall 
deliver  such  receipt  or  bill  of  lading  as  aforesaid,  and  it  be  lodged  with 
the  collector  or  his  deputy,  then,  for  the  quantity  of  said  liquors  men- 
tioned therein,  the  collector  or  his  deputy  shall  not  demand  any  duty. 

[Sect.  30.]  And  if  the  master  of  any  vessel,  or  any  other  person, 
shall  give  such  certificate,  receipt  or  bill  of  lading,  without  receiving 
the  liquors  mentioned  therein,  or  if  any  person  shall  procure  such 
certificate,  receipt  or  bill  of  lading,  with  design  to  defraud  the  govern- 
ment, and  shall  be  thereof  comdcted,  they  and  each  of  them  shall  for- 
feit and  pay  the  sum  of  one  hundred  pounds,  two  thirds  for  the  use  of 
this  government,  and  the  other  third  for  the  use  of  the  prosecutor.  And 
if  any  such  certificate,  receipt  or  bill  of  lading  shall  be  forged,  counter- 
feited or  altered,  the  person  forging,  counterfeiting  or  altering  shall 
incur  the  penalty  of  one  hundred  pounds. 
Provided^  nevertheless^ —  . 

[Sect.  31.]  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  has  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. 
Be  it  further  enacted, 

[Sect.  32.]  That  the  collector  aforesaid  or  his  deput}',  when  the 
exporter  shall  make  an  entry  with  him  as  aforesaid ,  or  shall  make  an 
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. 
And  he  it  further  enacted, 

[Sect.  33.]  That  every  person  applying  to  the  collector  or  his 
deputy,  or  to  the  impost  officer  or  his  deputy,  for  a  permit,  shall  give 
bond,  for  the  use  of  this  province,  with  or  without  sureties,  in  a  sum 
not  exceeding  two  hundred  pounds  nor  less  than  twenty  pounds,  at 
the  discretion  of  the  collector  or  impost  oflicer,  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  collector  or  impost  officer  until  he  hath 
given  such  bond. 

And  lohereas  the  importer  of  any  of  the  liquors  aforesaid,  or  the 
person  to  whom  they  shall  be  consigned,  may  intend  the  same  either 
for  sale  or  for  his  or  her  own  private  consumption,  in  which  case  such 
importer  or  consignee  is  not  sufficiently  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.  34.]  That  every  person  that  shall  bring  or  import  into  this 
province,  either  by  land  or  water  carriage,  any  of  the  liquors  aforesaid, 
cither  for  sale  or  private  consumption,  shall,  within  twenty- four  hours, 
pay  or  secure  to  the  collector  the  duties  or  excise  due  thereon  ;  but  in 
case  such  importer  or  consignee  be  licenced  or  permitted,  then  he  shall 
be  held  only  to  report  the  same  to  the  collector  of  excise,  and  at  the 
end  of  each  half-year,  respectively,  shall  make  out  an  account  express- 
ing the  kind  and  full  quantity  of  the  liquors  aforesaid,  imported  or 
consigned  as  aforesaid  ;  and  when  the  account  is  rendered  to  the  col- 
lector or  his  deputy,  it  shall  be  upon  oath,  and  such  importer  or  con- 
signee shall  pay  to  the  said  collector  or  his  deputy,  on  the  liquor  or 


[3d  Sess.] 


Provixce  Laws. — 1761-62. 


503 


liquors  mentioned  in  said  account,  the  duty  of  excise  aforesaid,  deduct- 
ing ten  per  cent  for  leakage  ;  and  in  case  of  failure  herein,  the  offender 
shall  pay  a  fine  of  four  pounds,  and  treble  dutj'  or  excise  on  the  quan- 
tity so  imported  or  brought  in,  one  third  of  which  shall  be  for  the  use 
of  the  province,  the  other  two  thirds  for  him  or  her  that  shall  inform 
and  sue  for  the  same. 

[Sect.  35.]     And  if  said  collector  or  his  deputy,  shall  have  reason  Collector  may 
to    suspect   auy  person  of  bringing  or  importing  into  this  province,   f^g^j^es" fOT°a 
either  by  land  or  water  carriage,  an}'  of  the  liquors  aforesaid,  without  citation',  where 
having  entered  the  same  and  secured  the  duties  or  excise  aforesaid,   perToifs  giving  a 
the  said  collector  ma}'  apply  to  two  of  the  next  justices  of  the  peace  to  ^'^^  account, 
such  suspected  person,  and  within  the  county  where  he  lives,  and  on 
making  oath  that  he  so  suspects  such  person,  said  justices  shall  issue 
a  process  under  their  hands  and  seals,  directed  to  the  sheriff  or  his 
deputy,  or  constable,  requiring  him  to  summon  such  suspected  person, 
and  oblige  him  to  give  security  to  the  amount  of  one  hundred  pounds, 
to  appear  and  answer  and  respond  the  judgment  that  shall  be  given  on 
the  premis[s]es,  and  in  case  such  person  shall  not  give  such  securit}', 
to  bring  him  before  such  justices  at  the  time  that  said  justices  in  such 
process  shall  appoint ;  and  when  the  parties  shall  be  before  them,  the 
said  justices  shall  examine  into  the  cause  of  complaint ;  and  if  it  shall 
appear,  either  b}^  confession  of  the  party,  or  by  the  evidence  of  one 
credible  witness,  that  he  or  she,  or  any  one  on  his  or  her  behalf,  has 
imported  or  has  had  an}'  of  the  liquors  aforesaid  consigned  to  him  or 
her  without  having  entered  the  same  and  secured  or  pay  the  duty  or 
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,  or  give  security 
to  pay,  the  aforesaid  flue  of  four  pounds,  and  treble  duty  or  excise  as 
aforesaid,  one   third  for  the   use   of  this  government,  the  other  two 
thirds  for  the  informer  and  prosecutor,  and  costs. 

[Sect.  36.]  And  said  justices  are  hereby  [e][i]mpowered  to  make 
up  judgment  and  award  execution  accordingly :  provided  the  said  fine 
and  treble  damage  exceed  not  six  pounds  ;  *  then  said  justices  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  forfeit  fifty  pounds,  one  third  for  the  use  of  the  prosecutor,  the 
other  two  thirds  for  the  use  of  this  government,  in  lieu  of  such  fine 
and  treble  duty,  to  be  recovered  as  is  hereafter  provided  in  this  act. 

[Sect.  37.]  And  if  no  confession  be  made  by  such  suspected  per- 
son, and  no  evidence  produced  as  aforesaid,  and  it  shall  appear  to  the 
justices  before  whom  the  same  is  tried  that  there  is  sufficient  ground 
of  suspicion,  the  suspected  person  may  then  clear  him-  or  herself  from 
the  complaint  aforesaid,  by  taking  an  oath  in  the  form  following : — 

You,  A.  B.,  do  swear  that  you  have  not,  directly  or  indirectly,  either  by  Form  of  the 
yourself,  or  any  person  in  yom-  behalf,  imported  into  this  province  any  rum,  ^^^  " 
spirits  distilled,  or  wine,  and  that  you  have  not  had  any  of  said  liquors  directly 
or  indirectly  consigned  to  you,  but  wliat  you  have  paid,  or  secm-ed  to  be  paid, 
the  duty  or  excise  agreeable  to  an  act  of  this  province  made  in  the  second 
year  of  his  majesty's  reigii,  intit[M]Ied  "  An  Act  for  granting  unto  his  majesty 
an  excise  upon  spirits  distilled,  and  wme,  and  upon  limes,  lemmons  and 
oranges."     So  help  you  God. 

— which  oath  the  said  justices  are  hereby  impowered  and  requu-ed  to 
administer. 

*  The  words  "  but  if  sucb  duty  exceed  six  pounds  "  omitted  :  see  foot-note  on  p. 
315,  ante. 


504 


Province  Laws.— 1761-62.  [Chap.  24.] 


Penalty  for  re- 
fusing to  take 
tbe  oath. 


Collector  to 
grant  a  permit, 
on  penalty. 


[Sect.  38.]  And  if  such  suspected  person  shall  refuse  to  take  said 
oath,  and  shall  neglect  to  appear  upon  the  citation  aforesaid,  he  or  she 
shall  pa}'  the  cost  of  citations,  and  shall  forfeit  the  sum  of  fifty  pounds, 
one  third  for  the  use  of  the  prosecutor,  the  other  two  thirds  for  the 
use  of  this  government,  and  costs  of  prosecution  ;  but  if  such  sus- 
pected person  shall  take  the  said  oath,  the  costs  of  citation  or  warrant 
shall  be  paid  by  the  collector  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  ;  and 
in  case  any  person  shall  be  served  with  the  process  aforesaid,  in  manner 
aforesaid,  and  shall  not  appear  according  to  the  tenor  thereof,  said 
justices  shall  make  a  record,  thereof,  and  the  security  taken  by  the 
sheriff  or  his  deputy,  or  constable,  as  aforesaid,  shall  be  deemed  for- 
feited, and  the  same  by  said  collector  may  and  shall  be  put  in  suit  in 
any  court  proper  to  try  the  same,  and  the  sum  recovered  shall  be 
divided,  one  third  to  his  majesty  for  the  use  of  this  province,  and  the 
other  two  thirds  to  such  collector. 

And  be  it  further  enacted, 

[Sect.  39.]  That  the  collector,  or  his  deputy',  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  fol- 


Form  of  the 
permit. 


Fee  foT  a  per- 
mit. 


Collector  to 
keep  an  oflSce 
in  each  seaport 
town,  &c. 


E*reamble. 


Persons  import- 
ing liquors,  as 
aforesaid,  to 
give  bend. 


You,  A.  B.,  of  C,  in  the  county  of  D.,  are  hereby  permitted  to  sell  rum 
and  other  distUled  spirits,  and  wine,  or  any  of  said  liquors,  within  the  county 
of  ,  until  the  day  of  ,  one  thousand  seven 

hundred  and  ,  pursuant  to  an  act  of  this  province,  made  in 

the  second  year  of  his  majesty's  reign,  intituled  "  An  Act  for  granting  unto 
his  majesty  an  excise  upon  spirits  distilled,  and  wine,  and  upon  limes,  lem- 
mons  and  oranges."     Dated  at  C,  this  day  of        ,  176  . 

A.  B.,  Collector  (or  deputy-collector^  of  excise  for  the  county  aforesaid. 

And  for  such  permit  the  said  collector  or  deputy  shall  be  [i][e]nti- 
t[M]led  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. 

Ayid  he  it  further  enacted, 

[Sect.  40.]  That  the  collector  of  excise,  either  b}^  himself  or  his 
deput}^  shall  keep  an  oflQce  in  each  seaport  town  within  his  count}^ 
where  he  or  his  deput}'^  shall  give  his  attendance  on  everj'  Thursdfy, 
from  nine  of  the  clock  in  the  morning  to  twelve  at  noon,  to  grant  per- 
mits, to  receive  entries,  give  certificates,  &c. 

Provided, — 

[Sect.  41.]  That  in  the  town  of  Boston  such  an  office  shall  be 
kept  and  attendance  given  on  every  day.  Lord's  Day  only  excepted, 
within  the  hours  aforesaid  of  each  of  said  days  respectively. 

Provided,  also, — 

[Sect.  42.]  That  the  said  collector,  or  his  deputy,  on  application 
made,  shall  at  any  other  time  grant  permits,  receive  entries  and  give 
certificates  aforesaid. 

And  whereas  persons  not  belonging  to  this  province  may  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  collector,  and  by  that  means 
ma}'  avoid  pacing  the  duty  upon  what  has  been  so  disposed  of;  for 
preventing  whereof, — 

Be  it  enacted, 

[Sect.  43.]  That  every  person  importing  the  liquors  aforesaid,  and 
applying  to  the  collector  or  his  deputy  for  a  permit  to  sell  the  same, 
shall  give  bond  to  said  collector  in  a  sum  not  exceeding  two  hundred 


[3d  Sess.] 


Province  Laws. — 1761-62. 


505 


pounds,  noi'  less  than  twenty  pounds,  with  or  without  sureties,  at  the 
discretion  of  the  collector,  that  he  will  render  to  said  collector  or  his 
deput}^  an  account,  on  oath,  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  person  shall  refuse  to  give  such  bond,  the 
said  collector  or  his  deputy  shall  not  be  obliged  to  grant  him  a  permit, 
any  thing  in  this  act  to  the  contrar}-  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  collector 
may  bring  his  action  on  such  bond  against  the  surety  or  sureties,  for 
the  recovery  of  the  sum  in  such  bond  mentioned,  which  shall  be,  one 
third  for  the  use  of  the  prosecutor,  the  other  two  thirds  for  the  use  of 
this  government. 

Be  it  further  enacted, 

[Sect.  44.]  That  no  pei'son  shall  be  exempted  from  an}-  military 
dut}'  by  means  or  on  account  of  his  being  appointed  a  deput3--collector 
of  the  duties  of  excise  of  si^irituous  liquors,  but  shall,  to  all  intents 
and  purposes,  be  liable  to  train,  be  impressed  and  perform  every  other 
military  duty,  as  if  such  person  had  not  been  appointed  a  deputy-col- 
lector as  aforesaid. 

JBe  it  further  enacted, 

[Sect.  45.]  That  all  persons  who  took  out  permits  in  the  preceeding 
years,  and  do  not  renew  the  same,  shall,  at  the  end  of  each  half-3-ear 
from  and  after  the  twenty-sLxth  day  of  March  next,  and  until  tlie 
twenty-sixth  day  of  March,  one  thousand  seven  hundred  and  sixty-five, 
render  to  the  collector  or  his  deputy  that  shall  or  may  be  appointed  in 
the  respective  counties  by  vertue  of  this  act,  an  account,  on  oath,  of  all 
liquors  remaining  in  their  hands  and  consumed  in  his,  her  or  their 
families  during  the  continuance  of  this  act,  and  pay  the  duties  herein 
imposed,  deducting  ten  per  cent  for  leakage,  upon  penalty  of  fifteen 
pounds,  one  half  to  the  informer,  the  other  half  to  and  for  the  use  of 
this  pi'ovince. 

Be  it  further  enacted, 

[Sect.  46.]  That  every  person  that  hath  been  or  maj^  be  appointed 
collector  of  the  duties  aforesaid,  who  shall  import  into  this  province,  or. 
shall  have,  bj'  consignment  or  otherwise,  or  shall  sell  or  dispose  of 
any  wine,  rum  or  spirits  distilled,  limes,  lemmons  or  oranges,  or  shall 
use  or  consume  the  same,  such  collector  shall  take,  keep  and  render  a 
like  account  thereof,  upon  oath,  to  the  province  treasurer  (who  is 
hereby  impowered  to  administer  the  same  in  the  form  by  this  act  pre- 
scribed) ,  and  pay  to  him  the  like  duties  thweon  as  such  person  so 
appointed  collector  would  otherwise  have  been  held  and  obliged  to 
have  taken,  kept,  rendered  and  paid  to  the  collector  of  the  duties 
aforesaid  ;  and  that  the  same  be  done  in  like  manner  and  time,  and 
under  the  like  pains  and  penalties,  as  l)y  this  act  in  such  cases  is  pro- 
vided. 

Be  it  further  enacted, 

[Sect.  47.]  That  all  fines,  penalties  and  forfeitures  arising  or  accru- 
ing by  any  breach  of  this  act,  and  not  otherwise  appi'opriated,  shall  be 
two  thirds  to  his  majesty,  for  the  use  of  this  government,  and  the  other 
third  for  the  use  of  the  prosecutor,  to  be  recovered  by  action  or  infor- 
mation in  an}'  of  his  majesty's  courts  of  record.  \^Passed  January 
30  ;  t  published  February  15,  1762. 


Deputy-collect- 
ors liable  to 
military  duties. 


All  persone  wlio 
had  permits  or 
license  to  sell 
liquors,  and 
shall  not  renew 
the  same,  to  ac- 
count for  the 
duties  thereof. 


Collector  of  the 
duties  of  excise 
to  account  for 
all  wine,  &c., 
sold  or  con- 
sumed by  them. 


How  fines,  &c., 
arising  by  this    • 
act,  to  bo  dis- 
posed of. 


*  The  rest  of  the  engrossment  is  missing. 

t  Signed  March  6,  17G2,  according  to  the  record. 


506 


Province  Laws. — 1761-62. 


[Chap.  25.] 


CHAPTER    25. 


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


PreaTntle. 


Rates  of  Impost. 


Double  impost 
to  be  paid  for 
goods  imported 
by  tlie  inbab- 
itants  of  otber 
colonies,  &c. 


Proviso. 


Drawback  of 
the  whole  im- 
post to  the  ex- 
porter, in  case. 


We,  his  majesty's  most  dutiful  and  lo^'al  subjects,  the  representatives 
of  the  province  of  the  Massachusetts  Baj-,  in  New  England,  being  de- 
sirous of  lessening  the  publick  debts,  have  chearfull}'  and  unanimously' 
given  and  granted,  and  do  give  and  grant,  to  his  most  excellent  majest}', 
for  the  service  of  this  province,  as  the}-  shall  hereafter  apply  it,  the 
several  duties  of  impost  upon  all  liquors,  wares,  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  Governor,  Council  and  House 
of  Representatives, 

[Sect.  1.]  That  from  and  after  the  twenty-fifth  day  of  March,  one 
thousand  seven  hundred  and  sixty -two,  to  the  twenty-fifth  day  of 
Marcli,  one  thousand  seven  hundred  and  sixtj'-three,  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  by 
any  of  the  inhabitants  thereof  (except  what  is  b}^  this  act  hereafter  ex- 
empted), the  several  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  everj"  hogshead  of  sugar,  fourpence. 

For  every  hogshead  of  molasses,  fourpence. 

For  ever}'  hogshead  of  tobacco,  ten  shillings. 

For  ever}'  pound  of   tea   that  shall  be  imported  from  any  of  his 
majesty's  plantations  in  America,  fourpence. 
—  And  so,  proportionabl}',  for  a  greater,  or  less  quantit3^ 

And  for  all  other  commodities,  goods  or  merchandize  not  mentioned 
or  not  excepted,  fourpence  for  ever}'  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  only  pa}'  four- 
pence)  that  shall  be  imported  into  this  province  by  any  of  tlie  inhabit- 
ants of  the  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  inliabitants  of  the  said  prov- 
inces, 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  c^  the  pro\inces  or  colonies  aforesaid  (tobacco 
and  bar-iron  excepted),  and  all  provisions,  salt,  cotton-wool,  pig- 
iron,  mahogony,  brazilleto,  black-walnut,  lignum-vitse,  red-cedar,  log- 
wood, hemp,  raw  skins  and  hides,  and  also  all  prize  goods  brought  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  on  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  officer  of  his  majesty's  customs,  that  the  same  has  been 


[3d  Sess.] 


Peovince  Laws. — 1761-62. 


507 


landed  in  some  of  the  provinces  or  colonies  aforesaid,  shall  be  allowed  i 

a  drawback  of  the  whole  duty  of  impost  by  him  paid,  or  secured  to  be 
paid,  as  b}^  this  act  provided. 

And  be  it  farther  enacted, 

[Sect.  4.]  That  the  master  of  every  ship  or  vessel  coming  into  Masters  of  ves. 
this  province  from  an}-  other  place,  shall,  within  twent3--four  hours  report.™'''^^ 
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  or  loading  of  such  ship  or  ves- 
sel, therein  particularl}^  expressing  the  species,  kind  and  quantities  of 
all  wines,  liquors,  goods,  wares  and  merchandize  imported  in  any  such 
ship  or  vessel,  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  vessel,  so  far  as  he  knows  or  be- 
lieves ;  and  that,  if  he  knows  of  an}-  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  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  To  forfeit,  in 
bulk,  or  suffer  any  of  the  wines,  liquors,  goods,  wares  and  merchan-  case  of  breaking 
dize  imported  in  such  ship  or  vessel  to  be  unladen  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  invoice  to  be 
any  wines,  liquors,  goods,  wares  or  merchandize  imported  into  this  P''°*^"'=^'^- 
province,  for  which  an}'  of  the  rates  or  duties  aforesaid  are  pa3'able,  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  the  form  following ; 
viz., — 

You,  A.  B.,  do  swear  that  the  entry  of  the  goods  and  merchandize,  by  you   Oath, 
now  made,  exhibits  the  sterling  value  of  said  goods,  and  that,  bond  Jide,  ac- 
cording to  your  best  skill  and  judgment,  it  is  not  less  than  that  value.    So  help 
you  God. 

—  which  oath  the  commissioner  or  receiver,  appointed  in  consequence 

of  this  act,  is  hereby  irapowered  and  directed  to  administer ;  and  the  Duties  to  be 

owners  aforesaid  shall  pay  to  the  said  commissioner,  or  give  securit}*  to  fanding!*^*^^ 

pay,  the   duty   of  impost   b}'  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 
an}'  wharf,  or  in  an}'  wareiionse  or  other  place,  but  in  the  day-time 
only,  and  that  after  sunrise  and  before  sunset,  unless  in  the  presence 
or  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  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  other  liquors  to  him  or  them 
consign'd,  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  hereby  is  al-  Commissioner 


508 


PnoviNCE  Laws.— 1761-62. 


[Chap.  25.] 


allowed  to  give 
credit. 


Importer  by 
land-carriage  or 
in  small  vessels 
to  make  report. 


Allowance  for 
leakage. 


Master  allowed 
to  detain  goods 
not  entered  or 
the  duly  not 
paid. 


lowed  to  give  credit  to  sucli  person  or  persons  whose  duty  of  impost  in 
one  vessel  shall  not  exceed  six  pounds  :  which  credit  shall  be  so  limited 
as  that  he  shall  settle  and  ballance  his  accompts  with  every  person,  on 
or  before  the  twenty-sixth  day  of  March,  one  thousand  seven  hundred 
and  sixtj'-three,  that  the  said  accounts  ma}*  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  etiacted, 

[Sect.  10.]  That  the  importer  of  all  wines,  liquors,  goods,  wares 
and  merchandize,  from  and  after  the  twenty-fifth  day  of  March,  one 
thousand  seven  hundred  and  sixtj'-two,  and  until  the  twent3'-sixth  day 
of  March,  one  thousand  seven  hundred  and  sixty-three,  b}^  land-car- 
riage, or  in  small  vessels  and  boats,  shall  make  report  and  deliver  a 
manifest  thereof  to  the  commissioner  aforesaid  or  his  deputj',  therein 
particulaii}^  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  pay,  or  secure  to  be  paid,  the 
several  duties  aforesaid  b^-  this  act  charged  and  chargeable  upon  such 
wines,  liquors,  goods,  wares  and  merchandize,  before  the  same  are 
landed,  housed  or  put  into  an}-  store  or  place  whatsoever. 

And  be  it  further  enacted, 

[Sect.  11.]  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-thirds  tliereof 
leaked  out,  shall  be  accounted  for  outs,  and  the  merchant  or  importer 
shall  pay  no  duty  for  the  same.  And  no  master  of  aii}'  ship  or  vessel 
shall  suffer  an}'  wines  to  be  filled  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.  12.]  And  if  it  may  be  made  to  appear  that  any  wine 
imported  in  any  ship  or  vessel  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  be  it  fur  titer  enacted, 

[Sect.  13.]  That  the  master  of  every  ship  or  vessel  importing  any 
liquors,  wines,  goods,  wares  or  merchandize,  shall  be  liable  to  pay  the 
impost  for  such  and  so  much  thereof,  contained  in  his  manifest,  as  shall 
not  be  duly  entered,  and  the  duty  ]Daid  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  tlie 
master  of  every  ship  or  other  vessel,  to  secure  and  detain  in  his  liands, 
at  the  owner's  risque,  all  such  wines,  liquors,  goods,  wares  and  mer- 
chandize imported  in  any  ship  or  A'essel,  until  he  receives  a  certificate, 
from  the  commissioner  or  receiver  of  impost,  that  the  duty  for  the  same 
is  paid,  and  until  he  be  repaid  liis  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  sucli  port,  or  his  order,  who  is  hereby  impowered  and 
directed  to  receive  and  keep  tlie  same,  at  the  owner's  risque,  until  tiic 
impost  thereof,  with  the  charges,  be  paid  or  secured  to  be  paid  ;  ;ind 


[3d  Sess.] 


Peovince  Laws. — 1701-62, 


509 


then  to  deliver  suoh  wiues,  liquors,  goods,  wares  or  merchandize  as 
such  master  shall  direct.  , 

And  be  it  further  enacted, 

[Sect.  14.]  That  the  commissioner  or  receiver  of  the  impost  in 
each  port,  shall  be  and  hereby  is  impowercd  to  sue  the  master  of  an}' 
ship  or  vessel,  for  the  impost  or  duty  of  so  much  of  the  lading  of  any 
wines,  liquors,  goods,  wares  or  merchandize  imported  therein,  accord- 
ing to  the  manifest  to  be  by  him  given  upon  oath,  as  aforesaid,  as  shall 
remain  not  entered  and  the  dut}'  of  impost  therefor  not  paid  or  se- 
cured to  be  paid.  And  where  any  goods,  wares  or  merchandize  are 
such  that  the  value  thereof  is  not  known,  whereb}'  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.  15.]  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  b}'  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  afore- 
said, or  for  which  the  duty  of  impost  have  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  sufficient  to 
satisfy  said  judgment,  may  be  taken  b}'  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  an}'  suit  to  be  commenced  and  prose- 
cuted 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  seiz- 
ure or  restraint,  shall  give  sufficient  security  to  the  commissioner  or 
receiver  of  impost  that  seized  the  same,  to  respond  or  satisf}'  the  sum 
or  value  of  the  forfeitures  and  duties,  with  the  chai-ges,  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  dam- 
age unto  the  owners,  through  his  default  or  neglect,  shall  be  liable  unto 
their  action  for  the  same. 

And  be  it  further  enacted, 

[Sect.  1G.]  That  the  naval  officer  within  any  of  the  ports  of  this 
province  shall  not  clear  or  give  passes  to  any  master  of  anv  ship  or 
vessel  outward  bound,  until  he  shall  be  certified,  by  the  commissioner 
or  receiver  of  impost,  that  the  duty  and  impost  for  the  goods  last  im- 
ported in  such  ship  or  vessel  are  paid  or  secured  to  be  paid. 

[Sect.  17.]  And  the  commissioner  or  receiver  of  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  discre- 
tion 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  etTectual  preventing  any  wines,  rum  or  other  dis- 
tilled spirits  being  brought  into  the  province  from  the    neiglibouring 


Master  liable  to 
bo  sued. 


Ships,  &c.,  lia- 
ble to  be  taken 
in  execution. 


Naval  oiHcer 
not  to  clear  ves- 
sels till  impost 
be  paid. 


Bills  of  store  to 
be  allowed. 


510 


Peovince  Laws.— 1761-62.  [Chap.  25.] 


Commissioner 
to  appoint  offi- 
cers in  places 
wliere  wines, 
rum,  &c.,  may 
be  brought  out 
of  other  govern- 
ments. 


Commissioner 
or  deputy  em- 
powered to  ad- 
minister the 
oaths,  &c. 


The  commis- 
Bioner  or  depu- 
ty, upon  infor- 
mation of  any 
liquors  being 
brought  into 
this  pro%'ince, 
and  the  duty  not 
p.iid,  to  apply  to 
a  justice  for  a 
warrant  to 
search,  &c. 


governments,  b}'  land,  or  in  small  boats  or  vessels,  or  an}-  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  or  more  suitable  person  or  persons  as  his  deputy  or  depu- 
ties, 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  officer  or  officers  are  also  impowered  to  search,  in  all  suspected 
places,  for  such  wines,  rum  or  other  distilled  spirits,  or  tea,  brought  or 
relanded  in  this  government,  where  the  duty  is  not  paid  as  aforesaid, 
and  to  seize  or  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  deputies  shall  have  full 
power  to  administer  the  several  oaths  aforesaid,  and  search  in  all  sus- 
pected 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  deput}^  shall  have 
information  of  any  wines,  rum  or  other  distilled  spirits,  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  brouglit  into 
or  relanded  in  this  government,  he  ma}-  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  commissioner  or  his  deputy's  making  oath  that  he  hath  had  infor- 
mation as  aforesaid  ;  and  having  such  warrant,  and  being  attended  by 
such  officer,  the  said  commissioner  or  his  deput}-  ma}',  in  the  day-time, 
between  sunrise  and  sun-setting,  demand  admittance,  of  the  person 
owning  or  occupying  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  custod}- ;  and  the  commissioner  aforesaid,  or 
his  deputy,  shall  be  and  hereby  is  impowered  to  command  assistance, 
and  impress  carriages  necessary  to  secure  the  liquors  or  tea  seized  as 
aforesaid  ;  and  any  person  refusing  assistance,  or  preventing  any  of 
the  officers  aforesaid  from  executing  their  office,  shall  forfeit  five 
pounds  to  the  said  commissioner ;  and  he  or  his  deput}'  shall  make 
reasonable  satisfaction  for  the  assistance  afforded  and  carriages  made 
use  of,  to  secure  the  liquors  or  tea  seized  as  aforesaid  ;  and  the  com- 
missioner 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  tea,  or  the  occupier  of  such  shop,  house  or  warehouse,  or 
di still-house,  where  the  same  were  seized,  to  appear  and  shew  cause,  if 
any  he  has,  why  such  liquors  or  tea  so  seized  shall  not  be  adjudged 
forfeited  ;  and  if  such  owner  or  occupier  shall  not  shew  cause  as  afore- 
said, or  shall  make  default,  the  said  liquors  or  tea  shall  be  adjudged 
forfeited,  and  the  said  court  shall  order  them  to  be  sold  at  publiek  ven- 
due ;  and  the  nett  produce  of  such  sale  shall  be  paid,  one  half  to  the 
province  treasurer  for  the  use  of  this  province,  ajid  the  other  half  to 
the  said  commissioner. 


[3d  Sess.] 


Province  Laws. — 1761-62. 


511 


And  be  it  further  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 
(excepting  such  vessels  as  belong  to  Great  Britain,  the  provinces  or 
colonies  of  Pennsylvania,  West  and  East  Jersey,  Connecticut,  New 
York,  New  Hampshire,  Rhode  Island  and  Nova  Scotia) ,  every  voyage 
such  ship  or  vessel  doth  make,  one  pound  of  good  pistol-powder  for 
every  ton  such  ship  or  vessel  is  in  burthen :  saviyig  for  that  part  which 
is  owned  in  Great  Britain,  this  province,  or  an^^  of  the  aforesaid  gov- 
ernments, which  are  hereby  exempted  ;  to  be  paid  unto  the  commis- 
sioner or  receiver  of  the  duties  of  impost,  and  to  be  employed  for  the 
uses  and  ends  aforesaid. 

[Sect.  22.]  And  the  said  commissioner  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  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  owner  or  master  of  such  ship  or  vessel,  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  b^'  him  for 
impost,  and  shall  be  allowed  him,  accordingly,  by  the  treasurer  in  his 
accompts.  And  the  naval  officer  shall  not  clear  an}'  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  payable 
according  to  this  act. 

And  he  it  farther  enacted, 

[Sect.  23.]  That  when  and  so  often  as  any  wine,  rum  or  tea  im- 
ported into  this  province,  the  aforesaid  duty  of  impost  upon  which 
shall  have  been  paid  agreeable  to  this  act,  shall  be  reshipped  and  ex- 
ported from  this  government  to  any  other  part  of  the  world,  that  then 
and  in  ever}'  such  case,  the  exporter  of  such  wine  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,  hoyid 
fide,  had  the  duty  of  impost  aforesaid  paid  on  the  same,  and  shall  after- 
wards 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  an}'  place  where  there  is 
no  officer  of  the  customs,  or  to  any  foreign  port,  the  master  of  the 
Acssel  in  which  the  same  shall  be  exported  shall  make  oath  that  the 
same  has  been  landed  out  of  the  government,  and  the  exporter  shall, 
ui)on  producing  such  certificate,  or  upon  such  oath  of  the  master,  make 
oath  that  he  verily  believes  no  part  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  follows  ;  viz., — 

For  every  pipe  of  wine,  nine  shillings. 

For  every  hogshead  of  rum,  seven  sliillings  and  sixpence. 

And  for  every  pound  of  tea,  fourpence. 

Provided,  alivays, — 

[Sect.  24.]  That  if,  after  the  shipping  of  such  wines  or  rum  or 
tea,  to  be  exported  as  aforesaid,  and  giving  security  as  aforesaid,  in 
order  to  obtain  the  drawback  aforesaid,  the  wines  or  rum  or  tea,  so 
shipped  to  be  exported,  or  an}'  part  thereof,  shall  be  relanded  in  this 
province,  or  brought  into  the  same  from  any  other  province  or  colony, 
that  then  all  such  wine,  rum  and  tea  so  relanded  and  brought  again 
into  this  province,  shall  be  forfeited  and  may  be  seized  by  the  commis- 
sioner aforesaid,  or  his  deputy. 

And  be  it  further  enacted, 


Tonnage  of 
ehipping. 


Vessels  to  bo 
measured,  if 
suspected. 


Drawback  for 
wine,  rum,  and 
tea  allowed,  ia 
case. 


Proviso. 


512 


Province  Laws. — 1761-62. 


[Chap.  25.] 


Appointment 
and  duty  of  the 
commissioner. 


Charges  of  pros- 
ecution, how  to 
be  paid,  in  case. 


Disposition  of 
forfeitures. 


[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  office,  and  whatsoever  relates 
thereto,  to  receive  commission  from  the  governor  or  commander-in- 
chief  for  the  time  being,  witli  autliority  to  substitute  and  appoint  a 
deput3'-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  shipping 
as  aforesaid  that  shall  become  due  within  such  port,  and  to  render  tlie 
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  b}'  virtue  of  this  act ;  also,  a  particular 
account  of  eveiy  vessel,  so  that  the  duties  of  impost  and  tunnage  aris- 
ing on  said  vessel  may  appear ;  and  the  same  to  lie  open,  at  all  season- 
able times,  to  the  view  and  perusal  of  the  treasurer  or  receiver-general 
of  this  province  (or  any  other  person  or  pei'sons  whom  this  court  shall 
appoint),  with  whom  he  shall  account  for  all  collections  and  pa3'ments, 
and  pay  all  such  monies  as  shall  be  in  his  hands,  as  the  treasurer  or 
receiver-general  shall  demand  it.  And  the  said  commissioner  or  re- 
ceiver, and  his  deput}'  or  deputies,  before  their  entering  upon  the  exe- 
cution of  their  said  office,  shall  be  sworn  to  deal  truly  and  faithfullj' 
therein,  and  shall  attend  in  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 
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  commis- 
sioner's accounts,  accordingl}-,  to  allow  the  pa3'ment  of  such  salarj^  or 
salaries  as  aforesaid  to  himself  and  his  deputies. 

And  be  it  further  enacted, 

[Sect.  27.]  That  all  penalties,  fines  and  forfeitures,  accruing  or 
arising  in  consequence  of  any  breach  of  this  act,  shall  be  one  half  to 
his  majest}'  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  majest3'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.  28.]  That  from  and  after  the  commencement  of  this  act,  in 
all  causes  wherein  an3"  claimer  shall  appear,  and  shall  not  make  good 
the  claim,  the  charges  of  prosecution  shall  be  borne  and  paid  by  the 
said  claimer,  and  not  by  the  informer.  \_Passed  January  30  ;  *  pub- 
lished February  15,  1762. 


*  March  6,  according  to  the  record. 


[3d  Sess.] 


Pkcvince  Laws. — 1761-62. 


513 


CHAPTER    26. 


Selectmen  to 
determine  on 
suitabk'  places 
for  sail  lofts. 


AN  ACT    TO    PREVENT  DAMAGE  BY  FIRE   IN  THE  TOWNS  OF  SALEM, 
MARBLEHEAD,  AND   OTHER  MARITIME  TOWNS  IN  THE  PROVINCE. 

Whereas  great  damage  has  many  times  arisen  from  fires,  which  have  Preamble, 
began  in  sailmakers'  and   riggers'  lofts,  and  spread  to  the  buildings 
adjacent, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  from  and  after  the  tenth  day  of  June  next,  it  shall 
not  be  lawful  for  any  person  to  occupy  or  improve  any  tenement  or 
building  whatsoever,  in  an3^  part  of  the  towns  of  Salem,  Marblehead, 
or  an}^  other  maritime  town  in  the  province,  for  the  business  or  employ- 
ment of  a  sailmaker,  or  rigger,  save  only  in  such  parts  of  the  town 
as  the  selectmen  of  the  said  towns,  respectively,  or  the  major  part  of 
them,  shall  determine  convenient ;  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 
forfeit  and  pa}'  the  sum  of  twenty  pounds  for  every  six  months,  and  so 
in  proportion  for  a  greater  or  less  [erjtime,  he  shall  so  occupy  or  im- 
prove an}'  tenement  or  building  that  shall  not  be  licenced  or  allowed  as 
aforesaid  ;  one  half  thereof  to  and  for  the  use  of  the  poor  of  the 
town[s]  of  Salem,  Marblehead,  or  other  maritime  town,  respective!}', 
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  oflence  shall  be  committed. 

[Sect.  3.]     This  act  to  continue  and  be  in  force  until  the  twenty-  Limitation, 
ninth  day  of  March,  one  thousand  seven  hundred  and  seventy.     [Passed 
January  30  ;  *  published  February  15,  1762. 


Penalty  for 
transgressing. 


CHAPTER    27. 


AN  ACT  FOR  THE  EFFECTUAL  PREVENTING  THE  CURRENCY  OF  THE 
BILLS  OF  CREDIT  OF  CONNECTICUT,  NEW  HAMPSHIRE  AND  RHODE 
ISLAND,  WITHIN  THIS  PROVINCE. 


Whereas  bills  of  credit  still  continue  current  within  the  governments  Preamble, 
of  Connecticut,  New  Hampshire  and  Rhode  Island,  and  it  is  of  great  i^^6-5/,chap. 
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  else- 
where, as  have  trade  and  commerce  here,  that  the  currency  of  said  bills 
should  be  effectually  prevented  thi'oughout  this  government, — 

Be  it  therefore  enacted  by  the  (^oue?'no[u]r,  Council  and  House  of 
Representatives, 

[Sect.  1.]     That  every  person  within  this  province  be  and  hereby  Penalty  for  re- 
is  strictly  forbidden  to  account,  receive,  take  or  pay  any  bill  or  bills  of  oonm;^ticut,° 
credit,  of  either  of  the  governments  of  Connecticut,  New  Hampshire  or  ^^^^^^?^^{j  , 
Ehode  Island,  in  discharge  of  any  contract  or  bargain,  or  for  any  valu-  island, 
able  consideration  whatsoever  ;  and  that  every  person  who  shall  so  ac- 
count, receive,  take  or  pay  any  of  said  bills  within  this  province,  shall 
forfeit  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  govern- 

*  Signed  March  6, 1762,  according  to  the  record. 


514 


Province  Laws.— 1761-62.  [Chap.  27.] 


Officers  to  take 
an  oath. 


Form  of  the 
oath. 


Representatives 
to  take  the  oath. 


Councillors,  and 
all  civil  and 
military  officers, 
to  take  the  oath. 


Persons  taking 
out  executions, 
to  take  the  oath. 


ment,  the  other  moiety  to  him  or  them  that  shall  sue  for  the  same,  to 
be  recovered  with  full  eost[s]  of  suit  bj'  action,  of  debt  in  any  of  his 
majesty's  courts  of  record  within  [the]  [this']  province,  or  by  present- 
ment 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  sixt}'- 
two,  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  pres- 
ent, b}' the  town,  district,  or  precinct  clerk,  who  is  hereby  [e][^]mpow- 
ered  to  administer  the  same  ;  \\z^'^., — 

You,  A.  B.,  do,  in  the  presence  of  God,  solemnly  declare -that  you  have  not, 
since  the  thirtieth  day  of  March  [one  thousand  seven  hundred  and  sixty-two] 
11762'],  wittingly  and  willingly,  directly  or  indirectly,  either  by  yourself  or 
any  for  or  under  you,  been  concerned  in  receiving  or  paying,  within  this  gov- 
ernment, any  bill  or  bills  of  credit  of  either  of  the  governments  of  Connecti- 
cut, New  Hampshire  or  Rhode  Island.     So  help  you  God. 

[Sect.  3.]  And  where  an^-  person,  chosen  as  aforesaid,  shall  refuse 
or  neglect  to  take  the  oath  aforesaid,  on  tendering  the  same,  the  town, 
district  or  precinct  shall  proceed  to  the  choice  of  another  person  in  his 
room  ;  and  where  any  person  shall  be  elected  by  an}^  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.  4.]  That  when  any  person  shall  be  chosen  to  i-epresent  any 
town  within  this  province,  in  the  general  court  or  assembly,  such  per- 
son so  chosen  shall  take  the  oath  aforesaid ;  and  return  sliall  be  made 
by  the  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 
second  year  of  his  majesty  King  George  the  [Third]  [/Second],  in- 
tit[M]lecl  "An  Act  for  the  effectual  preventing  the  currency  of  the  bills 
of  credit  of  Connecticut,  New  Hampshire  and  Rhode  Island,  within  this 
province ;  "  and  if  an}'  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  farther  enacted, 

[Sect.  5.]  That  the  oath  aforesaid  shall  be  administred  to  each  of 
the  members  of  his  majesty's  council,  every  3'ear,  at  the  same  time 
when  the  usual  oaths  required  to  be  taken  by  the  said  members  of  his 
majesty's  council  shall  be  administred  ;  and  all  officers,  civil  and  mili- 
tary, within  this  government,  who  shall  be  nominated  or  appointed, 
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  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.  6.]  That  no  execution  shall  be  issued  from  the  office  of  an}'' 
clerk  of  any  of  the  inferiour  courts  of  common  pleas,  or  of  the  supe- 
riour  court[s]  of  judicature,  for  any  sum  wdiatsoever,  unless  the  plain- 
tiff or  plaintiffs,  suing  in  his  or  their  own  right,  and  dwelling  within 
this  province,  shall  first  take  the  oath  aforesaid,  to  be  administred  by 


[3d  Sess.] 


Province  Laws. — 1761-62. 


515 


a  justice  of  the  peace,  or  by  the  clerk  of  the  court  from  which  such 
execution  shall  issue  ;  and  certificate  thereof  shall  be  made  on  such  ex- 
ecution ;  and  if  any  execution  shall  issue  or  go  forth  without  such 
certificate,  the  same  shall  be  and  herebj'  is  declared  to  be  void  ;  and 
no  licence  shall  be  granted  to,  nor  an}-  recognizance  taken  from,  an}' 
taverner,  innholder  or  retailer,  by  the  justices  of  an}'  of  the  courts  of 
session[s]  within  this  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. 

A7id  be  it  further  enacted, 

[Sect.  7.]  That  for  every  oath  administred  as  aforesaid  by  the  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 
execution  required  to  be  levied  accordingly. 

And  whereas  it  frequently  happens  that  persons  who  are  intitled  to 
take  out  writs  of  execution  upon  judgments  by  them  obtained,  are  ab- 
sent out  of  this  province,  or  employed  in  his  majesty's  service  in  such 
parts  of  it  as  are  very  remote  from  the  places  where  such  judgments 
are  entred,  and  so  cannot  take  the  oath  by  law  appointed  to  be  taken 
before  executions  are  issued ;  wherefore,  for  remedy  of  these  iuconven- 
ienc[i]es, — 

Be  it  enacted, 

[Sect.  8.]  That  when  any  person  or  persons  shall  be  absent  from 
this  province,  or  employed  in  his  majesty's  service  in  such  parts  thereof 
as  are  very  remote  from  the  courts  or  places  where  they  recover  judg- 
ments, in  all  such  cases  it  shall  be  lawful  for  the  clerks  of  the  superi- 
our  court  of  judicature,  court  of  assize  and  general  goal  delivery,  and 
of  the  inferiour  courts  of  common  pleas,  or  other  courts  of  law,  to 
issue  writs  of  execution,  when  applied  for,  upon  judgments  recovered 
by  such  person  or  persons  as  are  before  mentioned,  notwithstanding 
he  or  they  have  not  taken  the  oath  appointed  by  this  act  to  be  taken  : 
provided,  nevertheless,  that  before  executions  are  issued,  as  aforesaid, 
a  certificate  in  writing,  under  the  hand  of  any  justice  of  the  peace  for 
any  county  in  the  province,  shall  be  delivered  to  the  clerk  who  issues 
the  execution,  setting  forth  that,  at  the  date  of  said  certificate,  the 
person  or  persons  on  whose  behalf  execution  is  applied  for,  is  then  out 
of  the  province,  or  employed  in  his  majesty's  service  as  aforesaid. 

[Sect.  9.]  This  act  to  continue  and  be  in  force  until  the  last  day 
of  March,  which  will  be  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  sixty-seven.  \^Passed  January  30  ;  *  puhlislied  February 
15,  1762. 


Clerk's  fees  for 
administering 
the  oath. 


Preamble. 


Proviso  for  per- 
sons out  of  the 
province. 


Their  absence 
to  be  certified. 


CHAPTEK    28. 

AN  ACT  IN  ADDITION  TO  AN  ACT  MADE  AND  PASSED  IN  THE  TWENTY- 
THIRD  YEAR  OF  HIS  LATE  MAJESTY  GEORGE  THE  SECOND,  INTI- 
TULED "AN  ACT  FOR  ASCERTAINING  THE  RATES  AT  WHICH  COINED 
SILVER  AND  GOLD,  AND  ENGLISH  HALFPENCE  AND  FARTHINGS, 
MAY  PASS  WITHIN  THIS  GOVERNMENT." 


Whereas  divers  doubts  have   arisen   and   a   question   been   made,   Preamble, 
whether  the  gold  coins  mentioned  in  an  act,  made  and  passed  in  the   \^^~^^  '^^^'^' 
twenty-third  year  of  his  late  majesty  George  the  Second,  intituled  "  An 
Act  for  ascertaining  the  rates  at  which  coined  silver  and   gold,  and 
*  Signed  March  6, 1762,  according  to  the  record. 


516 


Peovince  Laws.— 1761-62.  [Chap.  29.] 


Gold  and  silver 
coin  made  a 
tender. 


English  halfpence  and  farthings,  may  pass  within  this  government," 
are  a  legal  tender, — 

Be  it  therefore  enacted  and  declared  by  the  Governor^  Council  and 
House  of  Representatives^ 

That  the  several  gold  and  silver  coins,  in  the  said  act  specified,  at 
the  rates  in  the  said  act  mentioned,  are  and  shall  be  lawful  money  of 
this  province,  and  a  legal  tender  in  all  payments,  publick  and  private  ; 
and  all  judgments  shall  be  entered  up  in  lawful  money,  without  any 
abatement,  rebatement  or  allowance  by  reason  of  the  varj'ing  prices 
of  gold  or  silver  bullion :  provided,  that  a  Johannes,  or  gold  coin  of 
Portugal,  mentioned  in  the  said  act,  shall  not  weigh  less  than  eighteen 
pennyweight  ten  grains  ;  an  half-johannes,  not  less  than  nine  penn}'- 
weight  and  five  grains  ;  a  moidore,  not  less  than  six  pennyweight  twen- 
ty-two grains  and  one-quarter  of  a  grain  ;  and  a  guinea,  not  less  than 
five  pennyweight  nine  grains  ;  and  that  such  of  the  said  coins  which 
shall  fall  short  of  the  respective  weights  aforesaid  shall,  nevertheless, 
be  accounted  a  tender,  with  an  allowance  for  such  deficiency  at  the 
rate  of  gold  at  twopence  halfpenny  per  grain.  \_Passed  February  8,* 
1762. 


CHAPTEK  29. 

AN  ACT  FOR  THE  BETTER  SECURING  THE  POSSESSORS  OF  THE  PROV- 
INCE TREASURER'S  NOTES,  BY  ENABLING  THE  PROVINCE  TREAS- 
URER TO  GIVE  NEW  RECEIPTS  OR  OBLIGATIONS  IN  LIEU  OF  SUCH 
NOTES  AS  ARE  NOW  EXTANT. 


Preamble. 


Form  of  the 
new  notea. 


1749-50,  chap.  19. 


Whereas  the  treasurer  of  this  province  hath  been  impowered  and 
directed,  b}-  several  acts,  to  borrow  large  sums  of  money  for  the  use 
of  the  province,  and  to  give  his  receipts  or  obligations  for  the  paj'- 
ment  of  the  same,  man}'  of  which  receipts  and  obligations  are  now 
outstanding  and  unpaid  ;  and  divers  frauds  and  deceits  have  been  put 
upon  several  persons,  by  forging  and  counterfeiting  said  receipts  and 
obhgations,  tendering  in  payment,  uttering  and  exchanging,  such 
forged  and  counterfeit  receipts  and  obligations,  to  the  prejudice  of  the 
publick  credit, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Jiepresentat  ives , 

[Sect.  1.]  That  all  receipts,  notes,  or  obligations,  hereafter  to  be 
given  by  the  treasurer  of  this  province,  by  virtue  of  this  or  any  other 
act  now  in  force,  for  money  borrowed,  or  to  be  borrowed,  for  the  use  of 
the  province,  shall  be  in  the  form  following ;  viz., — 


day  of 


A.D. 


Province  of  the  Massachusetts  Bay,  the 
Borrowed  and  received  of  the  sum  of  ,  for  the  use  and  ser- 

vice of  the  province  of  the  Massachusetts  Bay;  and,  in  behalf  of  said  province, 
I  do  hereby  promise  and  oblige  myself  and  successors  m  the  office  of  treasui'er 
to  repay  to  the  said  or  to  his  order,  the  day  of  , 

A.D.         ,  the  aforesaid  sum  of  ,  in  Spanish  mill'd  dollars  at  six 

shillings  each,  or  in  the  several  species  of  coined  silver  and  gold  enumerated 
in  an  act  made  and  passed  in  the  twenty-third  year  of  his  late  majesty  King 
George  the  Second,  intituled  "  An  Act  for  ascertaining  the  rates  at  which 
coined  silver  and  gold,  English  halfpence  and  farthings,  may  pass  within  the 
government,"  —  and  according  to  the  rates  therem  mentioned,  with  interest 
annually,  at  six  per  cent. 

Witness  my  hand.  H.  G.,  Treasurer. 

A.  B.,) 

C.  D., )-  Committee. 

E.  F.,) 

*  Signed  March  6,  according  to  the  record. 


[3d  Sess.] 


Peovixcb  Laws.— 1761-62. 


517 


— which  form,  except  as  is  hereafter  provided,  shall  be  printed  upon 
the  most  suitable  paper  that  can,  from  time  to  time,  be  provided  by  the 
treasurer ;  and  a  suitable  border  round  the  same,  and  also  the  words 
"  Pro\^nce  of  the  Massachusetts  Bay,"  the  word  "Committee,"  and 
the  words  "  Witness  my  hand,"  shall  be  struck  off  from  a  copper-plate, 
which  the  treasurer  likewise  is  impowered  and  directed  to  procure : 
and  each  blank,  before  it  is  filled  up,  shall  be  stamped,  in  some  con- 
venient part  of  it,  with  a  stamp,  of  a  new  form,  to  be  procured  by  the 
treasurer  for  that  purpose. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  a  committee  of  three  shall,  from  time  to  time,  be 
appointed  b}'  the  general  court,  who  shall  sign  all  the  blanks,  at  the 
left  hand,  as  in  the  form  aforesaid  is  prescribed,  before  the  treasurer 
fill  them  up  ;  and  the  said  treasurer  and  the  said  committee  are  also 
impowered  and  directed  to  dispose  of  the  custodj'  of  said  copper-plate, 
and  stamp,  in  such  manner  as  in  their  discretion  shall  appear  most 
likely  to  prevent  any  frauds  or  counterfeits  ;  and  the  said  committee, 
and  all  persons  to  be  employed  in  the  printing,  engraving  or  stamping 
of  said  blanks,  shall  be  under  oath  to  the  faithful  discharge  of  their 
respective  trusts. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  treasurer  be  and  he  is  hereby  impowered  and 
directed,  upon  the  request  of  the  possessor  or  possessors  of  any  of  his 
receipts  or  obhgations,  for  money  borrowed  for  the  use  of  the  province, 
which  are  now  outstanding,  and  not  payable  at  the  time  of  such  re- 
quests, to  take  such  receipts  and  obligations  up,  and  to  give  the 
possessor  or  possessors,  in  lieu  thereof,  new  receipts  or  obligations  for 
such  sum  or  sums  as  are  contained  in  the  receipts  or  obligations  so 
taken  up ;  or  shall  give  one  new  receipt  for  any  such  number  of  old 
ones  as  the  possessor  shall  request  to  have  in  one  new  receipt  or  obli- 
gation, taking  care  to  pay  the  interest  up  to  the  time  of  exchanging 
such  old  receipts  or  obligations  ;  which  new  receipts  or  obligations 
shall  be  made  payable  at  the  same  periods  with  those  taken  up :  pro- 
vided none  of  said  new  receipts  be  for  less  than  six  pounds ;  and  all 
the  funds  established  or  appropriated,  bj'  any  act  or  acts  of  this  prov- 
ince, for  the  redemption  and  payment  of  an}-  such  old  receipts  or  ob- 
ligations, are  hereby'  confirmed,  and  shall  remain  estabUshed  and 
appropriated  to  the  redemption  and  payment  of  the  new  receipts  and 
obligations  to  be  given  in  the  form  prescribed  b}'  this  act ;  and  such 
new  receipts  and  obligations  shall,  to  all  intents  and  purposes,  avail  the 
possessor  as  if  he  were  possessed  of  the  receipts  or  obligations  so  to 
be  given  up. 

And  be  it  farther  enacted, 

[Sect.  4.]  That  no  possessor  or  possessors  of  a.ny  of  the  treas- 
urer's notes,  receipts,  or  obligations,  now  payable,  or  that  may  become 
payable  before  the  last  day  of  June  next,  shall  receive  any  interest 
upon  such  receipt  or  obligation  for  any  longer  term  than  until  the  last 
day  of  Jul}'  next. 

Provided,  always, — 

[Sect.  5.]  That  all  the  treasurer's  notes  which  are  now  outstand- 
ing and  unpaid,  and  which  the  possessors  will  not  exchange  for  notes 
of  the  above-mentioned  form,  shall,  at  the  several  periods  of  payment,  be 
paid  according  to  the  face  of  such  outstanding  notes  ;  and  all  such  as 
promise  silver  shall  be  paid  in  silver  at  six  shillings  and  eightpence 
per  ounce,  or  Spanish  mill'd  dollars  at  six  shillings  each  ;  and  the 
treasurer  is  hereby  directed  to  pay  the  same  accordingl}'. 

And  be  it  further  enacted, 

[Sect.  6.]     That  all  the  possessors  of  the  treasurer's  notes,  who  do 


Committee  to 
Bign  the  new 
notes. 


Old  notes  to  be 
exchanged. 


Records  con- 
firmed. 


No  further  in- 
tercst  to  be  al- 
lowed on  notes 
payable  after 
the  last  of  June. 


Notes  now  out- 
standing to  be 
paid  in  silver,  if 
not  exchanged. 


Such  notes  to 


518 


Province  Laws. — 1761-62. 


[Chap.  30.] 


bebronght.into  not  cliuse  to  have  them  exchanged  for  notes  of  the  new  form,  shall, 
be  stamped.  some  time  before  the  last  day  of  June  next,  bring  such  notes  to  the 
treasurer's  office  and  have  them  stamped,  and  an  account  taken  of 
them  by  the  treasurer  and  a  committee  to  be  appointed  by  the  gen- 
eral court ;  and  no  interest  shall  be  paid  upon  any  such  treasurer's 
notes,  receipts  or  obligations,  not  brought  in  as  aforesaid,  for  any 
longer  time  than  until  the  last  da}^  of  July  next ;  which  notes,  so 
stamped,  shall  be  returned  to  the  possessors,  and  the  account  so  taken 
shall  be  signed  by  said  committee,  and  by  them  transmitted  to  the 
general  court.     \^Passed  February  10,  1762.* 


CHAPTER    30. 

AN  ACT  TO  INVEST  THE  COMMITTEE  OF  THE  FIRST  PRECINCT  IN 
REHOBOTH,  WITH  CORPORATE  POWERS  FOR  CERTAIN  PURPOSES 
THEREIN  MENTIONED. 


Preamble. 


Precinct  com- 
mittee incorpo- 
rated into  a 
body  politic. 


Money  raised  to 
be  put  to  Inter- 
est. 


Whereas  the  first  precinct  in  Rehoboth,  whereof  the  Reverend  Mr. 
John  Carnes  is  the  present  pastor,  have  humbly  supplicated  this  court, 
setting  forth  that,  by  the  sale  of  certain  lands  they  were  by  this  court 
enabled  to  sell,  they  are  now  possessed  of  the  sum  of  six  hundred 
pounds,  which  sum,  with  some  interest  gained  thereto,  they  pray  may 
be  placed  at  interest,  and  the  interest  accruing  thereby  to  be  placed  at 
interest,  until [1]  the  sum  of  twelve  hundred  pounds  be  thereby  raised 
on  the  whole  ;  and  that  the  same  sum  may  be  placed  at  interest,  and 
the  income  thereof  be  forever  appropriated  to  the  support  of  a  Congre- 
gational minister  within  the  said  precinct,  and  that  this  court  would 
invest  the  committee  of  the  said  precinct  with  the  powers  needful  for 
those  purposes, — 

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

[Sect.  1.]  That  Daniel  Carpenter,  Thomas  Allyn,  John  Hunt, 
John  Cooper  and  Ebenezer  Walker,  the  present  committee  of  the 
said  precinct,  and  those  which  shall  be,  annually,  hereafter,  forever, 
chosen  by  the  said  precinct  to  the  same  office,  shall  be  and  are  hereby 
declared  a  body  corporate,  by  the  name  of  the  Trustees  of  the  first 
Parish  of  Rehoboth,  and  they  are  hereby'  incorporated  to  this  special 
purpose;  [to  wit]  [vis;.],  to  receive  the  said  sum  of  six  hundred 
pounds,  with  the  addition  it  hath  already'  gained,  and  to  let  the  same 
to  interest,  on  good  security,  real  or  personal,  as  the}',  or  the  major 
part  of  them,  shall  judge  best,  and  the  interest  received  to  put  out  to 
interest  again,  until[l],  by  this  increase,  or  by  voluntary  subscription 
in  the  said  precinct,  or  other  lawful  means,  there  be  raised  a  capital 
of  twelve  hundred  pounds  lawful  money  of  this  province  ;  and  all  bonds, 
mortgages,  or  other  lawful  securities,  made  to  the  said  Daniel  Carpen- 
ter, Thomas  Allyn,  John  Hunt,  John  Cooper  and  Ebenezer  Walker, 
or  their  successors  aforesaid,  by  the  corporate  name  aforesaid,  shall  be 
and  are  hereby  declared  valid  ;  and  the}^  and  their  successors,  or  the 
major  part  of  them,  by  the  said  name,  may  appear  and  plead,  sue  and 
defend,  in  any  court  within  this  province,  in  all  matters  touching  such 
securities. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  said  sum  of  twelve  hundred  pounds,  when 
raised,  shall  be  b}^  the  said  trustees  put  to  interest  on  good  securities, 

*  Signed  INIarch  6,  according  to  the  record. 


[3d  Sess.] 


Province  Laws. — 1761-62. 


519 


and  the  interest  anuuall}'  arising  from  the  same  shall  be  paid  to  a  min- 
ister of  a  Congregational  church,  resident,  and  officiating  in  the  work  of 
the  ministry,  within  the  said  precinct,  forever.  And  if  it  shall  ever, 
after  the  said  sum  of  twelve  hundred  pounds  is  raised,  happen  that 
there  [shall]  be  no  minister  of  a  Congregational  church  settled  within 
the  said  precinct  for  the  space  of  one  year,  in  every  such  case  the  in- 
terest arising  shall  be  put  out  to  interest  on  new  security,  and  all  such 
increased  capital  shall  be  ordered  and  managed  according  to  the  direc- 
tions hereinbefore  given,  respecting  the  said  principal  sum  of  twelve 
hundred  pounds.  And  the  said  Daniel  Carpenter,  Thomas  AUj-n, 
John  Hunt,  John  Cooper,  Ebenezer  Walker,  and  their  successors  afore- 
said, are,  with  respect  to  the  said  sum  of  twelve  hundred  pounds,  and 
all  such  increased  capital,  fully  incorporated,  impowered  and  directed 
in  manner  aforesaid. 

And  be  it  further  enacted, 

[Sect.  3.]     That  if,  at  any  time,  the  said  precinct  shall,  at  their  an-  Proviso  in  case 
nual  meeting  in  March,  neglect  to  ch[oo][w]se  a  precinct  committee,   of  neglect, 
the  committee  then  last  before  chosen  shall  continue  vested  with  all  the 
powers  and  priviledges  aforesaid,  until  new  ones  be  chosen. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  said  committee  and  their  successors  shall  be 
accountable  to  the  said  precinct,  and  may,  b}'  them,  for  an}^  misde- 
meanor in  their  office  aforesaid,  be  removed  from  their  said  trust,  and 
new  ones  appointed  in  their  stead.     {^Passed  February  11,*  1762. 


Committee  to  be 

accountable, 

&c. 


CHAPTEE  31. 


AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  ON  THE  MEADOWS  AND 
BEACHES  LYING  IN  AND  ADJOINING  ON  THE  NORTH-EAST  PART 
OF  THE  TOWN  OF  YARMOUTH,  BETWEEN  QUIV[E][ri  T  HARBOUR, 
ON  THE  EAST,  AND   SESUIT  HARBOUR,  ON  THE  WEST. 

Whereas  many  persons  frequently  drive  numbers  of  neat  cattle.  Preamble, 
horses,  sheep  and  swine,  to  feed  upon  the  beaches,  meadows  and  shores  i|49-so,  chap 
adjoining  to  the  north-east  of  Yarmouth,  Ij'ing  between  Quivet  harbour, 
on  the  east,  and  Sesuit  harbour,  on  the  west,  whereby  the  ground  and 
beach  is  much  broken  and  damnified,  and  the  sand  blown  on  said  ad- 
joining meadows  and  upland,  to  the  great  damage,  not  only  of  sundry 
private  persons,  but  to  the  whole  propriet}-  in  general, — 

Be  it  enacted  by  the  Governor,  Council  ayid  House  of  Representa- 
tives, 

[Sect.  1.]  That  from  and  after  the  publication  of  this  act,  no  per- 
son or  persons  shall  presume  to  turn  anj-  neat  cattle,  horse-kind,  sheep 
or  swine,  to  or  upon  any  of  the  beaches,  meadows  or  shores  that 
l[y][te]  on  the  north-east  part  of  the  town  of  Yarmouth,  between 
Quivet  harbour,  on  the  east,  and  Sesu[e][i]t  harbour,  on  the  west,  at 
any  time  between  the  first  day  of  April,  and  the  last  daj'  of  October, 
yearly,  during  the  continuance  of  this  act,  on  penalt}'  of  paying  for  each  Penalty, 
offence  five  shillings  a  head  for  neat  cattle,  horses  or  mares,  of  one  j^ear 
old  or  upward,  and  one  shilling  a  head  for  each  sheep  or  swine  that 
shall  be  turned  or  found  on  said  beaches,  meadows  or  shores,  within 
the  limits  aforesaid  ;  which  penalty  shall  be  recovered  by  an}'  person 
that  shall  inform  of  and  sue  for  the  same  :  the  one  half  of  said  forfeiture 
to  him  or  them  that  shall  inform  and  sue  for  the  same,  the  other  half  to 
be  to  and  for  the  use  of  the  poor  of  said  town. 

•  Signed  March  6,  according  to  the  record. 


Creatures  not  to 
be  turned  out 
on  the  beaches, 


520 


Peovince  Laws.— 1761-62.  [Chap.  32.] 


Creatures  to  be 
impounded. 


Fees  and  costs 
of  impounding. 


ProviBO. 


And  be  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,  mead- 
ows or  shores  that  l[y][»]e  between  said  Qiiivet  harbour  and  said  Ses- 
u[e  ][i]t  harbour  in  said  Yarmouth,  it  shall  and  may  be  lawful [1]  for 
any  person  to  impound  the  same,  immediately  gi^'ing  notice  thereof  to 
the  owners  {thereof \,  if  known,  otherwise  to  give  publick  notice  there- 
of by  posting  the  same  up  in  some  publick  place  in  said  town  and  the 
two  next  adjoining  towns  ;  and  the  impounder  shall  relieve  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  rea- 
sonable cost  of  relieving,  besides  the  poundkeeper's  fees  as  by  law  ap- 
pointed for  such  creatures.  And  if  no  owner  appear  within  the  space  of 
six  da^'s  to  redeem  the  said  cattle,  horse-kind,  sheep  or  swine  so  im- 
pounded, and  pay  the  cost  and  damage  occasioned  by  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  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,  and  in  the  towns  of  Barnstable  and  Harwich,  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,  sheep  or 
swine,  at  any  time  within  twelve  months  next  after,  upon  his  demand- 
ing the  same  ;  but  if  no  owner  appear  within  the  said  twelve  months, 
then  the  said  overplus  shall  be  one  half  to  the  party  impounding  such 
cattle,  horse-kind,  sheep  or  swine,  and  the  other  half  to  the  use  of  the 
poor  of  the  said  town  of  Yarmouth. 

Provided^ — 

[Sect.  3.]  That  nothing  in  this  act  shall  be  construed  to  prevent 
the  owner  or  owners  of  such  beach  or  meadows,  or  any  improving  un- 
der them,  from  turning  on  their  horses  they  ride,  or  cattle  they  improve 
in  their  teams,  to  feed  on  said  beach  or  meadows  while  they  are  cutting 
or  carting  their  salt  hay  off  said  beach  or  meadows. 

Provided^  also, — 

[Sect.  4.]  That  the  owners  of  the  meadows  shall  keep  up  and 
maintain  their  fences  pursuant  to  former  agreements. 

[Sect.  5,]  This  act  to  continue  and  be  in  force  for  the  space  of  ten 
j-ears  from  the  first  da3^  of  March  next,  and  no  longer.  [^Passed  Feb- 
ruary 11 ;  published  February  15,  1762. 


CHAPTEK    32. 

AN  ACT  TO  INCORPORATE  CERTAIN  PERSONS  BY  THE  NAME  OF  THE 
SOCIETY  FOR  PROPAGATING  CHRISTIAN  KNOWLEDGE  AMONG  THE 
INDIANS   OF    NORTH   AMERICA. 


Disallowed  by 
the  privy  coun- 
cil, May  20, 1763. 

Preamble. 


The  signal  success  with  which  it  has  pleased  Almight}'  God  to  crown 
his  majesty's  arms,  calls  upon  us  to  express  our  grateful  acknowledg[e]- 
ments  to  the  Author  of  it,  and  to  demonstrate  our  gratitude,  by  endeav- 
ouring to  spread  the  knowledge  of  his  religion  ;  a  favourable  opportunity 
of  doing  this  among  the  Indians  of  America  seems  now  to  present 
itself,  as  the  French  of  Canada,  being  subjected  to  his  majesty's  domin- 
ion, have  it  less  in  their  power  to  obstruct  so  good  a  work ;  for  {the'] 


[3d  Sess.] 


Province  Laws. — 1761-62. 


521 


promoting  of  which,  divers  worthy  persons  have  petitioned  this  court  for 
an  act  of  incorporation,  whereby  they  may  be  enabled,  with  the  assist- 
ance of  the  charitably  disposed,  to  proceed  in  it  with  vigour,  and  carry 
it  more  effectual!}'  into  execution  ;  wherefore, — 

Be  it  enacted  by  the  Ooverno[xi]r,  Council  and  House  of  Represen- 
tatives, 

[Sect.  1.]  That  Andrew  Oliver,  Isaac  Royall,  John  Erving,  Wil-  Persons*  names 
liam  Brattle,  Robert  Hooper,  James  Bowdoin,  Thomas  Hancock,  ratek.^  mcorpo. 
Thomas  Hubbard,  Nathan[i][a]el  Sparhawk[e],  Harrison  Gra}'  and 
Thomas  Flucker,  Esqrs.  ;  the  Reverend  Edward  Holyoke,  president  of 
Harvard  Colle[d]ge ;  the  Reverend  Joseph  Sewall,  Charles  Chauncy 
and  Jonathan  Mayhew,  Doctors  of  Divinity ;  John  Phillips,  Ezekiel 
Goldthwait,  John  Ruddock,  Francis  Borland,  Joshua  Henshaw,  Zacha- 
riah  Johonnot,  Joseph  Green,  Isaac  Winslow,  James  Pitts,  Samuel 
Grant,  Joseph  Jackson,  James  Otis,  junr.,  Royall  Tyler,  Thomas  Gush- 
ing, John  Scollay,  Benjamin  Austin,  Joseph  Sherburn,  William  Blair 
Townsend,  William  Phillips,  Thomas  Fa3-erweather,  William  Story, 
John  Barrett,  Samuel  Dexter,  John  Symmes  and  Benjamin  Hallowell, 
junr.,-  Esqrs.  ;  the  Reverend  Thomas  Foxcroft,  Nathan [i]  [a] el  Apple- 
ton,  Ebenezer  Pemberton,  Hull  Abbot,  Thomas  Prentice,  Samuel 
Mather,  Andrew  Eliot,  Samuel  Cooper,  Samuel  Checkle}',  junr.,  Amos 
Adams  and  Alexander  Cumming,  ministers  of  the  gospel ;  Messieurs 
Middlecot  Cook[e],  John  Tudor,  Jonathan  Gushing,  William  Hickling, 
William  H3SI0P,  Stephen  Hall,  John  Sim[p]son,  Oxenbridge  Thacher, 
Samuel  Phillips  Savage,  Samuel  Deming,  Benjamin  Church,  Isaac 
Wallier,  Samuel  Hill,  Nathan [i]  [a] el  Holmes,  John  Dennie,  Benjamin 
Hammatt,  Fortesque  Vernon,  Henderson  Inches,  William  Homes,  Ed- 
ward Langdon,  Richard  Mart3'n,  Henrj'  Newman,  Thomas  Marshall, 
Benjamin  Dolbear,  Thomas  Graj',  Henry  Bromfield,  .Jonathan  Williams, 
William  Whitwell,  John  Greenleaf,  Timothy  Newell,  Isaac  Smith,  Wil- 
liam Greenleaf,  Onesiphorus  Tilestone,  William  White,  Ebenezer  Storer, 
WiUiam  Gray,  Moses  Gill,  Jonathan  Mason,  Daniel  Waldo,  Alexander 
HiU,  John  White,  Moses  Peck,  Thomas  Handisyde  Peck,  John  Melvill, 
Samuel  Adams,  Benjamin  Clarke,  Samuel  Abbot,  Peter  Bo3'er,  Benja- 
min Gray,  Christopher  Clarke,  John  Scot,  Thomas  Fletcher  and  Samuel 
Miuot,  together  with  such  others  as  they  shall  elect,  be  and  the}'  are 
hereby  incorporated  and  made  a  body  politic  [A;],  for  the  purpose  afore- 
said, b}'  the  name  of  the  Societ}'  for  Propagating  Christian  Knowledge 
among  the  Indians  of  North  America ;  and  the  society  aforesaid  shall  Purpose  of  in- 
have  perpetual  succession,  and  may  have  a  common  seal,  which  it  shall  <'°'"P°''*  ^°°' 
be  lawful  for  them  to  change,  break,  alter,  and  make  new  at  pleasure, 
and  may  purchase  and  hold  in  succession  lauds,  tenements,  and  real 
estate  of  any  kind,  the  annual  income  and  profits  whereof  not  exceed- 
ing the  value  of  two  thousand  pounds  sterling. 

[Sect.  2.]  And  the  said  society  is  hereby  enabled  to  take  subscrip- 
tions of  their  own  members,  or  other  charitably  disposed  persons,  and 
may  take  any  personal  estate  in  succession ;  and  all  donations  to  the 
society,  either  by  subscription,  legacy  or  otherwise  (excepting  such  as 
may  be  differently  appropriated  by  the  donors) ,  shall  make  a  part  of 
or  be  put  into  the  capital  stock  of  the  societ}',  which  shall  be  put  out 
on  interest  on  good  securit}',  or  otherwise  improved  to  the  best  advan- 
tage, and  the  income  or  profits  applied  to  the  use  and  benefit  of  such 
tribes  of  Indians  as  they  shall  think  proper,  by  causing  them  to  be 
instructed  in  the  principles  and  duties  of  the  Christian  Protestant 
religion:  and  the  said  society  is  hereby  [e]['"]mpowered  to  give  such 
instructions,  orders  and  encouragements  to  their  officers,  and  those 
they  shall  emploj^  as  the}'  shall  judge  necessary ;  and  the  persons  em- 
ployed as  teachers,  in  any  capacity,  shall  be  men  of  reputed  piety, 


522 


Province  Laws.— 1761-62.         [Chap.  32.] 


First  meeting. 


Quarterly  meet- 
ing. 


Officers  to  be 
chosen. 


Power  to  pros- 
ecute, and  to 
convey  lands,  in 
certain  cases. 


Power  to  make 
by-laws,  and  to 
fill  up  vacancies. 


loyalty,  prudence,  gravit}^,  competent  knowledge  and  literature,  and  of 
other  Christian  and  necessary  qualifications  suited  to  their  respective 
stations. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  society  aforesaid  shall  meet  at  some  convenient 
place,  in  the  town  of  Boston  in  this  province,  on  the  fourth  day  of 
March  next,  and  then  chuse  a  president,  vice-president,  treasurer  and 
secretar}',  and  such  other  officers  as  the}^  shall  judge  proper ;  and  may 
then,  also,  elect  new  members,  and  may  make  bye-laws  and  orders  for 
the  regulation  of  the  said  society  :  provided  such  b3e-laws  be  not  repug- 
nant to  the  laws  of  England,  or  the  laws  of  this  province  ;  and  act 
upon  all  matters  which  they  apprehend  needful  to  promote  the  end  of 
tlieir  institution  ;  and  the  officers  aforesaid  shall  continue  in  their  office 
until  the  first  Thursday  of  May  next  following  the  time  of  their  ap- 
pointment aforesaid. 

And  be  it  further  enacted, 

[Sect.  4.]  That  there  shall  be  a  general  meeting  of  the  members 
of  the  said  society,  quarterly,  at  Boston  aforesaid,  or  in  any  other  place 
within  this  province,  unless  some  extraordinary  occurrence  prevent  the 
same,  on  the  first  Thursdays  of  February,  May,  August  and  November, 
yearl^^,  forever,  at  three  of  the  clock  in  the  afternoon,  and  oftner  if 
needful,  when  and  where  the  said  societ}'  shall  think  fit ;  and  an}'  nine 
of  the  members  (the  president,  vice-president,  treasurer  or  secretary 
always  to  be  one),  being  convened  at  the  said  times  and  places,  are 
hereby  declared  to  be  a  quorum  of  the  said  general  meeting. 

[Sect.  5.]  And  the  said  society,  at  their  general  meeting  in  May, 
in  every  yeav  (and  in  case  of  any  extraordinary  occurrence  preventing 
their  meeting  then,  at  the  next  quarterly  meeting  after) ,  shall,  out  of 
their  own  body  b}^  a  majorit}'  of  the  members  present,  elect  a  president, 
vice-president,  treasurer  and  secretary,  and  such  other  officers  as  they 
shall  find  needful,  to  continue  in  office  until  the  May  meeting  next  fol- 
lowing their  appointment,  or  until  others  be  chosen  to  succeed  them  ; 
and  all  the  officers  aforesaid,  before  they  shall  be  qualified  to  act,  shall 
be  under  oath  for  the  faithful  performance  of  their  respective  trusts  ; 
and  the  said  society,  at  any  of  their  quarterly  meetings,  and  at  no 
other,  may  elect  into  their  body  such  persons,  being  contribut[e][o]rs 
and  protestants,  as  they  shall  judge  qualified,  to  assist  them  in  their 
good  design ;  and  ma}'  appoint  a  committee  or  committees  to  prosecute 
the  orders  of  any  general  meeting,  audit  the  treasurer's  accounts,  and 
prepare  matters  for  the  society  to  act  upon  ;  and  the  committee  or 
committees  shall  exhibit  an  account  of  their  proceedings  at  the  general 
meetings  of  the  society,  quarterly. 

And  be  it  further  enacted, 

[Sect.  6.]  That  the  society  aforesaid,  by  the  name  aforesaid,  shall 
be  and  is  hereby  declared  to  be  capable  to  prosecute,  pursue  and  de- 
fend, in  all  courts  and  places,  and  before  all  proper  judges  whatsoever, 
all  actions,  causes,  processes  and  pleas  of  what  kind  or  nature  soever, 
in  the  fullest  and  amplest  manner.  And  if  it  shall  happen  that  the  said 
societ}'  shall  become  seized  of  lands  or  tenements,  by  mortgage,  as  se- 
curitj'  for  payment  of  any  debt,  or  b}'  levying  execution  on  lands  for 
discharge  of  debts,  due  to  said  society,  it  shall  be  lawful  for  the  said 
society,  by  deed  under  their  seal,  to  sell  and  convey  the  lands  acquired 
in  either  of  the  two  mentioned  wa3-s :  provided,  that  no  such  sale  shall 
be  made  or  concluded  on  but  at  some  general  (|uarterly  meeting. 

And  be  it  further  enacted, 

[Sect.  7.]  That  the  societ}^  aforesaid  shall  have,  and  there  is  here- 
b}-  granted  to  them,  full  power,  at  their  quarterly'  meetings,  and  at  no 
other  meetings,  to  make  such  rules,  laws  and  ordinances  as  aforesaid, 


[3d  Sess.] 


PKOvmcE  Laws. — 1761-62. 


523 


and  to  alter  the  same  as  they  shall  see  most  coiivenient  and  needful  for 
the  better  government  of  the  said  society  and  managing  the  affairs 
thereof,  and  for  the  more  effectual  promoting  the  aforesaid  design. 
And  the  said  society  is  hereby  [e][t]mpowered,  upon  the  death  of 
their  president,  vice-president,  treasurer,  secretary  or  other  officers,  or 
upon  their  acting  unfaithfullj',  or  not  attending  their  respective  stations, 
and  their  removal  upon  these  or  any  other  just  and  necessary  accounts 
(the  society  being  hereby  [e][i]mpowered  to  make  such  removal) ,  to 
chuse  others  at  any  other  quarterly  meeting  to  succeed  :  provided^  ProviEo. 
always^  that  no  member  shall  be  removed,  or  officer  displaced,  unless 
at  a  quarterly  meeting  as  aforesaid. 

And  to  the  end  that  the  members  of  the  said  society,  and  all  con- 
tributors to  the  said  design,  may  know  the  state  of  the  society's  stock, 
and  the  dispositions  of  the  profits  thereof,  and  of  all  donations  made 
to  the  said  society, — 

Be  it  further  enacted, 

[Sect.  8.]  That  a  particular  account  of  such  stock  and  disposition  Acconntstobe 
shall  be  exhibited  hj  the  treasurer,  at  every  quarterl}^  meeting,  which  ^^^*''****' 
account  the  secretarj-  or  a  committee  of  the  said  society,  having  exam- 
ined the  same,  shall  certif}^  to  be  true  ;  and  fair  entries  shall  be  made, 
in  proper  books  provided  for  that  purpose,  of  all  donations  made  to 
the  said  society,  and  of  all  the  estate,  both  real  and  personal,  belong- 
ing to  the  societ}-,  and  of  the  incomes  thereof,  and  also  of  all  transac- 
tions, either  by  themselves  or  by  their  officers  or  committees,  for  or  on 
account  of  the  society ;  and  the  said  books  shall  be  brought  to  the 
quarter!}'  meetings  of  the  said  society,  and  be  there  open  for  the  peru- 
sal and  examination  of  the  members.     \_Passed  February  11,*  1762. 

"  We  are  humbly  of  opinion  that  this  Act  is  liable  to  several  Ob.iections  for  in 
the  first  place  the  operation  of  the  Act,  tho'  the  Society  itself  would  consist  only  of 
the  Inhabitants  of  the  Massachusetts  erected  by  an  Act  of  that  Province,  would 
extend  beyond  the  limits  of  the  Province  itself  and  in  the  second  so  extensive  a 
power  given  to  one  Colony  may  hereafter  interfere  with  any  general  Plan  Your 
Majesty  may  think  it  advisable  to  pursue  for  the  management  of  Indian  Affairs  in 
N"  America. 

We  are  authorized  in  this  apprehension  by  the  late  experience,  We  have  had  of 
like  inconveniences  from  the  conduct  of  the  Committee  of  Assembly  of  Pennsyl- 
vania the  consequence  of  which  proceedings  are  set  forth  in  the  Papers  annexed  to 
the  Representation  of  the  said  Board  to  Your  Majesty  dated  the  14*  of  Jan^y  last. 

We  beg  leave  to  add  that  the  Society  is  by  the  Act  subject  to  no  control  Audit  or 
Examination  tho'  they  are  made  capable  of  receiving  any  Grants  of  Land  and  of 
disbursing  Sums  for  services  to  a  very  great  extent. 

For  these  Reasons  We  humbly  propose  that  this  Act  should  receive  Your  Maj- 
esty's disallowance."  —  Representation  of  the  Lords  of  Trade,  \&  March,  1763:  "Mass. 
Bay,  B.  T."  wi.  86,  p.  157. 


CHAPTEE  33. 

AN  ACT  FOR  ALTERING  THE  PLACE  FOR  HOLDING  THE  COURTS  OF 
GENERAL  SESSIONS  OF  THE  PEACE  AND  INFERIO[friR  COURT  OF 
COMMON  PLEAS  HERETOFORE  BY  LAW  HELD  AT  EDGARTOWN  [IN] 
DUKES  COUNTY  IN  OCTOBER  ANNUALLY. 

For  the  better  accommodation  of  the  inhabitants  of  Dukes  County, — 
Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  court  of  general  sessions  of  the  peace  and  inferio[M]r  court  Courts  altered 
of  common  pleas  for  the  county  of  Dukes  County,  appointed  b}-  law  county!* 
to  be  holden  on  the  last  Tuesdaj'  of  October,  annuallj-,  shall,  instead 

*  Signed  March  6,  according  to  the  record. 


520 


Province  Laws.— 1761-62.  [Chap.  32.] 


Creatures  to  be 
impounded. 


Fees  and  costs 
of  impounding. 


Proviso. 


And  be  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,  mead- 
ows or  shores  that  l[y][«]e  between  said  Quivet  harbour  and  said  Ses- 
u[e  ][^]t  harbour  in  said  Yarmouth,  it  shall  and  may  be  lawful[l]  for 
any  person  to  impound  the  same,  immediately  giving  notice  thereof  to 
the  owners  [thereof \^  if  known,  otherwise  to  give  publick  notice  there- 
of by  posting  the  same  up  in  some  publick  place  in  said  town  and  the 
two  next  adjoining  towns  ;  and  the  impounder  shall  relieve  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  rea- 
sonable cost  of  relieving,  besides  the  poundkeeper's  fees  as  by  law  ap- 
pointed 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  im- 
pounded, and  pay  the  cost  and  damage  occasioned  by  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  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,  and  in  the  towns  of  Barnstable  and  Harwich,  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,  sheep  or 
swine,  at  any  time  within  twelve  months  next  after,  upon  his  demand- 
ing the  same  ;  but  if  no  owner  appear  within  the  said  twelve  months, 
then  the  said  overplus  shall  be  one  half  to  the  party  impounding  such 
cattle,  horse-kind,  sheep  or  swine,  and  the  other  half  to  the  use  of  tlue 
poor  of  the  said  town  of  Yarmouth. 

Provided., — 

[Sect.  3.]  That  nothing  in  this  act  shall  be  construed  to  prevent 
the  owner  or  owners  of  such  beach  or  meadows,  or  any  improving  un- 
der them,  from  turning  on  their  horses  they  ride,  or  cattle  they  improve 
in  their  teams,  to  feed  on  said  beach  or  meadows  while  they  are  cutting 
or  carting  their  salt  hay  off  said  beach  or  meadows. 

Provided,  also, — 

[Sect.  4.]  That  the  owners  of  the  meadows  shall  keep  up  and 
maintain  their  fences  pursuant  to  former  agreements. 

[Sect.  5.]  This  act  to  continue  and  be  in  force  for  the  space  of  ten 
years  from  the  first  da}^  of  March  next,  and  no  longer.  [Passed  Feb- 
ruary 11  ;  published  February  15,  1762. 


CHAPTEK    32. 

AN  ACT  TO  INCORPORATE  CERTAIN  PERSONS  BY  THE  NAME  OF  THE 
SOCIETY  FOR  PROPAGATING  CHRISTIAN  KNOWLEDGE  AMONG  THE 
INDIANS   OF    NORTH  AMERICA. 


Disallowed  by 
the  privy  coun- 
cil,  May  20, 1763. 

Preamble. 


The  signal  success  with  which  it  has  pleased  Almighty  God  to  crown 
his  majesty's  arms,  calls  upon  us  to  express  our  grateful  acknowledg[eJ- 
ments  to  the  Author  of  it,  and  to  demonstrate  our  gratitude,  b}'  endeav- 
ouring to  spread  the  knowledge  of  his  religion  ;  a  favourable  opportunity 
of  doing  this  among  the  Indians  of  America  seems  now  to  present 
itself,  as  the  French  of  Canada,  being  subjected  to  his  majesty's  domin- 
ion, have  it  less  in  their  power  to  obstruct  so  good  a  work ;  for  [the'] 


[3d  Sess.] 


Province  Laws.— 1761-62. 


521 


Persons*  names 
hereby  incorpo- 
rated. 


promoting  of  which,  divers  worthy  persons  have  petitioned  this  court  for 
an  act  of  incorporation,  whereby  they  may  be  enabled,  with  the  assist- 
ance of  the  charitably  disposed,  to  proceed  in  it  with  vigour,  and  carry 
it  more  effectuall}'  into  execution  ;  wherefore, — 

Be  it  enacted  by  the  Governo[_u^r,  Council  and  House  of  Represen- 
tatives, 

[Sect.  1.]  That  Andrew  Oliver,  Isaac  Royall,  John  Erving,  Wil- 
liam Brattle,  Robert  Hooper,  James  Bowdoin,  Thomas  Hancock, 
Thomas  Hubbard,  Nathan [i]  [a] el  Sparhawk[e],  Harrison  Gray  and 
Thomas  Flucker,  Esqrs.  ;  the  Reverend  Edward  Holyoke,  president  of 
Harvard  Colle[d]ge ;  the  Reverend  Joseph  Sewall,  Charles  Chauncy 
and  Jonathan  Mayhew,  Doctors  of  Divinity ;  John  Phillips,  Ezekiel 
Goldthwait,  John  Ruddock,  Francis  Borland,  Joshua  Henshaw,  Zacha- 
riah  Johonnot,  Joseph  Green,  Isaac  Winslow,  James  Pitts,  Samuel 
Grant,  Joseph  Jackson,  James  Otis,  junr.,  Royall  Tyler,  Thomas  Gush- 
ing, John  Scollay,  Benjamin  Austin,  Joseph  Sherburn,  William  Blair 
Townsend,  William  Phillips,  Thomas  Fa3-erweather,  WiUiam  Stor^-, 
John  Barrett,  Samuel  Dexter,  John  S3'mmes  and  Benjamin  Hallowell, 
junr.j  Esqrs.  ;  the  Reverend  Thomas  Foxcroft,  Nathan [i] [a] el  Apple- 
ton,  Ebenezer  Pembertou,  Hull  Abbot,  Thomas  Prentice,  Samuel 
Mather,  Andrew  EHot,  Samuel  Cooper,  Samuel  Checkley,  junr.,  Amos 
Adams  and  Alexander  Cumming,  ministers  of  the  gospel ;  Messieurs 
Middlecot  Cook[e],  John  Tudor,  Jonathan  Cushing,  William  Hickling, 
William  Hyslop,  Stephen  Hall,  John  Sim [p] son,  Oxenbridge  Thacher, 
Samuel  Phillips  Savage,  Samuel  Deming,  Benjamin  Church,  Isaac 
Wallier,  Samuel  Hill,  Nathan [i]  [a] el  Holmes,  John  Dennie,  Benjamin 
Hammatt,  Fortesque  Vernon,  Henderson  Inches,  William  Homes,  Ed- 
ward Langdon,  Richard  Martj-n,  Henrj^  Newman,  Thomas  Marshall, 
Benjamin  Dolbear,  Thomas  Gray,  Henry  Bromfield,  Jonathan  Williams, 
William  Whitwell,  John  Greenleaf,  Timothy  Newell,  Isaac  Smith,  Wil- 
liam Greenleaf,  Onesiphorus  Tilestone,  William  White,  Ebenezer  Storer, 
WilUam  Gray,  Moses  Gill,  Jonathan  Mason,  Daniel  Waldo,  Alexander 
Hill,  John  White,  Moses  Peck,  Thomas  Handisyde  Peck,  John  Melvill, 
Samuel  Adams,  Benjamin  Clarke,  Samuel  Abbot,  Peter  Boj-er,  Benja- 
min Gray,  Christopher  Clarke,  John  Scot,  Thomas  Fletcher  and  Samuel 
Miuot,  together  with  such  others  as  they  shall  elect,  be  and  they  are 
hereby  incorporated  and  made  a  body  politic  [A:],  for  the  purpose  afore- 
said, by  the  name  of  the  Society  for  Propagating  Christian  Knowledge 
among  the  Indians  of  North  America;  and  the  society  aforesaid  shall  Purpose  of  in- 
have  perpetual  succession,  and  may  have  a  common  seal,  which  it  shall  *'°'"P°'^^ 
be  lawful  for  them  to  change,  break,  alter,  and  make  new  at  pleasure, 
and  may  purchase  and  hold  in  succession  lauds,  tenements,  and  real 
estate  of  any  kind,  the  annual  income  and  profits  whereof  not  exceed- 
ing the  value  of  two  thousand  pounds  sterling. 

[Sect.  2.]  And  the  said  society  is  hereby  enabled  to  take  subscrip- 
tions of  their  own  members,  or  other  charitably  disposed  persons,  and 
may  take  any  personal  estate  in  succession  ;  and  all  donations  to  the 
society,  either  by  subscription,  legacy  or  otherwise  (excepting  such  as 
may  be  differently  appropriated  by  the  donors) ,  shall  make  a  part  of 
or  be  put  into  the  capital  stock  of  the  society,  which  shall  be  put  out 
on  interest  on  good  security',  or  otherwise  improved  to  the  best  advan- 
tage, and  the  income  or  profits  applied  to  the  use  and  benefit  of  such 
tribes  of  Indians  as  they  shall  think  proper,  by  causing  them  to  be 
instructed  in  the  principles  and  duties  of  the  Christian  Protestant 
religion:  and  the  said  society  is  hereby  [e]['"]mpowered  to  give  such 
instructions,  orders  and  encouragements  to  their  officers,  and  those 
they  shall  employ,  as  they  shall  judge  necessary ;  and  the  persons  em- 
ployed as  teachers,  in  any  capacity,  shall  be  men  of  reputed  piety, 


526 


Peovince  Laws.— 1761-62.    [Chaps.  87,  38.] 


law,  was  held  at  Falmouth  in  the  county  of  York,  on  the  first  Tuesday 
of  October,  shall  be  held  and  kept  in  Biddeford  in  the  county  of  York, 
on  the  first  Tuesday  of  October,  yearly  and  every  year,  by  four  sub- 
stantial persons  that  are  or  may  be  appointed  and  commissionated  as 
justices  of  the  same  court,  any  three  of  them  to  be  a  quorum  for  the 
holding  of  the  said  court ;  who  sliall  have  cognizance  of  all  civil  actions 
arising  or  happening  within  such  county,  triable  at  the  common  law,  of 
what  nature,  kind  or  quality  soever,  and  are  hereby  impowered  to  give 
judgment  therein  and  award  execution  thereupon.  [Passed  February 
23,*  1762. 


CHAPTEE    37. 

AN  ACT  IN  ADDITION  TO  AN  ACT  FOR  ALTERING  THE  TIME  FOR 
HOLDING  THE  COURTS  OF  GENERAL  SESSIONS  OF  THE  PEACE 
AND  INFERI0[Z7]R  COURT  OF  COMMON  PLEAS,  WITHIN  THE  COUNTY 
OF  BARNSTABLE. 


Preamble. 
1753-54,  chap. 
S3. 


Time  for  hold- 
ing the  courts, 
altered. 


Whereas  the  time  by  law  appointed  for  holding  the  courts  of  gen- 
eral sessions  of  the  peace  and  inferio[?<]r  court  of  common  pleas,  at 
Barnstable,  for  the  county  of  Barnstable,  on  the  second  Tuesday  in 
Ma3=',  yearly,  is  found  to  be  inconvenient,  by  reason  of  the  altering  of 
the  superio[M]r  court  of  judicature,  court  of  assize  and  general  goal 
deliver}^,  within  the  counties  of  Barnstable  and  Dukes  Countj', — 

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

That  the  court  of  general  sessions  of  the  peace,  and  inferio[M]r 
court  of  common  pleas,  for  and  within  the  county  of  Barnstable,  ap- 
pointed by  law  to  be  on  the  second  Tuesday  in  Ma}',  annually,  be 
henceforth  held  and  kept  on  the  last  Tuesday  in  June,  yearly.  [Passed 
February  23,*  1762. 


CHAPTER    38. 

AN  ACT  FOR  ERECTING  THE   SOCIETY  AND  PARISH  OF  NATICK  INTO 
A  SEPARATE  DISTRICT  BY  THE  NAME  OF  NATICK. 


Preamble. 


Katick  a  dis> 
trict. 


1761-62,  chap. 
12. 


Whereas  the  society  and  parish  of  Natick,  so  called,  within  the 
county  of  Middlesex,  labour  under  manj'  and  great  difficulties  by  rea- 
son of  their  not  [being  f]  erected  into  a  distinct  and  separate  district ; 
therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  society'  and  parish  of  Natick  be  and  hereby  is 
erected  into  a  district  by  the  name  of  Natick,  according  to  the  bound- 
aries of  the  said  parish  ;  and  that  the  inhabitants  of  the  said  society 
and  parish  be  and  hereby  are  invested  with  all  the  priviledges,  powers 
and  immunities  that  districts  are  invested  with,  agreeable  to  an  act 
made  and  passed  in  the  first  year  of  his  majesty's  reign,  intituled  "An 
Act  for  the  better  regulating  districts  within  this  province  :  "  provided 
that  the  present  meeting-house  shall  not  be  [rewiofjved,  nor  an}-  new 
meeting-house  erected  within  the  same,  without  the  special  licen[s][o]e 
of  this  court. 

*  Signed  March  6,  according  to  the  record.  f  Parchment  mutilated. 


[3d  Sess.] 


Peovince  Laws. — 1761-62. 


527 


[^An  *]d  be  it  further  enacted  by  the  Governor^  Council  and  House 
of  Representatives^ 

[Sect.  2.]     That  the  votes  of  the   said  parish  of  Natick,  on  the  Votes  con- 
eighteenth  day  [of   e/a*]nuary  last,  be  and   hereby  are   ratified   and     '™^*^" 
confirmed.     \_Passed  February  23,1  1762. 


CHAPTER    39. 

AN    ACT    FOR    GRANTING    SEVERAL    BOUNTIES    UPON    WHEAT    AND 

FLOUR. 


Whereas  the  raising  of  wheat  within  this  province,  and  manufactur-  Preamble, 
ing  the  same  into  flour,  will  be  of  great  utilit}', — 

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

[Sect.  1.]  That  there  shall  be  paid  out  of  the  public[^']  treasur3'  of  Bounty  upon 
the  province,  for  everj^  bushel  of  good,  sound,  well-saved  and  win-  by  the  surreyoi 
nowed  wheat,  of  the  growth  and  produce  of  this  province,  in  the  year 
one  thousand  seven  hundred  and  sixtj-three,  and  so,  ever}-  ^-ear  during 
the  continuance  of  this  act,  eightpence  per  bushel,  except  what  is  in- 
tended to  be  consumed  by  the  pei"son  or  persons  who  shall  raise  or  pro- 
duce it,  and  their  respective  families ;  the  quantit}'  and  quality  of 
wheat  to  be  certified  to  the  treasurer  of  the  province,  under  the  hand  of 
such  skil[l]ful  surve^'or  or  surve^^ors  as  e^ch  town,  district  or  planta- 
tion shall  ch[oo]  [((]se,  at  their  annual  meeting  in  March,  jearly,  for  that 
purpose,  who  shall  be  paid  b}'  the  owner  of  such  wheat,  eightpence  for 
every  twent}'  bushels  he  shall  survey,  and  so  in  proportion  for  a  lesser 
quantit}^ ;  which  surveyor  shall  be  sworn,  as  other  town  officers  are,  to 
the  faithful  discharge  of  his  office,  in  the  words  following;  vizi^'^., — 

You,  A.  B.,  being  chosen  a  surveyor  of  wheat  and  flour,  within  the  town  of  Form  of  the 
C,  for  one  year  and  until  another  be  chosen  and  sworn  in  your  stead,  do  swear  ^  ' 
that  you  will  well  and  faithfully  execute  your  said  office,  after  your  best  skill 
and  cunning,  with  all  fidelity,  and  without  any  partiality,  favour  or  affection  ; 
and  that  you  will  not  pass  your  certificate  for  any  wheat  or  flour  but  such  as, 
in  your  judgment,  you  shall  judge  to  be  good  and  merchantable,  as  the  law 
directs.     So  help  you  God. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  no  wheat  shall  be  accounted  merchantable  within  Quality  of  the 
the  intent  of  this  act,  nor  intitled  to  any  bounty,  but  such  as  shall  be  tlilTed.  "^'^*''^' 
bright,  well  cleansed,  and  seperated  from  the  straw  and  chafl',  and  fit  for 
use,  and  that  shall  weigh,  at  least,  fifty-six  pounds  per  bushel ;  and  no 
person  shall  be  intit[u]led  to  anj-  premium  for  wheat,  until  he  hath  made 
oath,  before  such  surveyor,  who  is  herebj'  impowered  to  administer  the 
same,  in  the  form  following ;  viz™., — 

You,  A.  B.,  of  ,  swear  that  the  bushels  of  wheat,    Form  of  the 

by  you  now  offered  for  a  survey  and  premium,  is,  bond  fide,  the  produce  and  °^''^' 
gTowth  of  this  province,  and  of  lauds  under  your  improvement,  and  raised 
since  the  first  day  of  September,  Anno  Domini  one  thousand  seven  hundred  and 
sixty-two  ;  and  is  bond  fide  designed  for  sale,  and  is  over  and  above  the  quantity 
of  wheat  (whether  of  your  own  growth  and  produce,  or  otherwise)  which  you 
intend  or  expect  to  use  in  your  f  annly ;  and  that  neither  yon,  nor  any  other  per- 
son, have  received  the  premium  for  the  same,  or  any  part  thereof.  So  help 
you  God. 

—  which  oath  shall  be  reduced  to  writing   before  it  is  administred ; 
*  Parchment  mutilated.  t  Signed  March  6,  according  to  the  record. 


528 


Province  Laws.— 1761-62. 


[Chap.  40.] 


Form  of  cerUfi- 
cate. 


Premium  on 
flour. 


Form  of  the 
oath. 


Form  of  certifi- 
cate. 


Limitation. 


and  the  person  taking  the  same  shall  subscribe  his  name  thereto :  after 
which  the  surve3-or  shall  endorse  or  subscribe  his  certificate  in  the  form 
following;  viz^'^., — 

ss.,  the  day  of  ,  A.D. 

Sm-veyed  the  quantity  of  wheat  within  (or  above)  mentioned,  and  found  it  of 
the  weight  of  fifty-six  pounds  per  bushel,  and  merchantable,  within  the  mean- 
ing of  the  law  of  this  province,  intituled  "  An  Act  for  granting  several  boun- 
ties upon  wheat  and  flour." 

— and  the  person  receiving  the  premium  shall  give  the  province  treas- 
urer a  receipt  therefor. 

And  be  it  further  enacted, 

[Sect.  3.]  That  for  every  gross  hundred  of  fine,  merchantable  flour, 
manufactured  in  this  province  after  the  last  day  of  August,  Anno 
Domini  one  thousand  seven  hundred  and  sixty-three,  and  made  of 
wheat  of  the  growth  and  produce  of  this  province  (other  than  for  the 
private  consumption  of  the  manufacturer  and  his  family) ,  there  shall  be 
paid,  out  of  the  public[A;]  treasury  of  the  province,  the  sum  of  eight- 
pence  per  hundred ;  the  quantity  and  quaUty  of  the  flour  to  be  certified 
to  the  province  treasurer,  under  the  hand  of  the  surveyor,  who  shall  be 
paid,  for  every  hundred  of  flour  by  him  surveyed,  one  penny  per  hun- 
dred, b}^  the  owner  of  the  flour :  and  no  person  shall  be  intitled  to  any 
premium  for  flour,  until  he  hath  made  oath,  before  such  surveyor,  who 
is  hereby  empowered  to  administer  the  same,  in  the  words  following ; 
vizW.,— 

You,  A.  B.,  do  swear  that  the  hundred  of  flour,  by  you  now 

offered  for  a  survey,  is,  bona  fide,  designed  and  intended  for  sale,  and  not  to 
secure  a  bounty  upon  your  family  consmnption  ;  and  that  the  same  was  manu- 
factured within  this  province,  and  made  out  of  wheat  raised  withm  the 
same,  since  the  first  day  of  September,  one  thousand  seven  hundred  and  sixty- 
two  ;  and  that  neither  you,  nor  any  other  person,  have  heretofore  offered  the 
same  for  a  survey,  or  received  a  premium  for  the  same,  or  any  part  thereof. 
So  help  you  God. 

— which  oath  shall  also  be  reduced  to  writing  before  it  is  administred  ; 
and  the  person  taking  the  same  shall  subscribe  his  name  thereto :  after 
which,  the  surveyor  shall  endorse  or  subscribe  his  certificate  in  the  form 
following;  viz^'^., — 

ss.,  the  day  of  ,  A.D. 

Surveyed  the  quantity  of  flour  within  mentioned,  and  find  it  merchantable, 
within  the  meaning  of  the  law  of  this  province,  intituled  "  An  Act  for  grant- 
ing several  bounties  upon  wheat  and  flour."  J.  D.,  Surveyor. 

— and  the  person  receiving  the  premium  shall  produce  such  oath  and 
certificate  to  the  province  treasurer,  and  give  his  receipt  upon  the  same. 
[Sect.  4.]  This  act  to  be  in  force  for  the  term  of  five  years  from 
the  first  day  of  Jul}',  Anno  Domini  one  thousand  seven  hundred  and 
sixty-three,  and  no  longer.  \_Passed  March  6  ;  published  March  8,* 
1762. 


CHAPTER    40. 

AN    ACT    TO    SUPPLY    THE     TREASURY     WITH    TWENTY     THOUSAND 

POUNDS. 


Preamble.     "        Whereas  the  great  and  general  court,  at  their  present  session,  have 
voted  that  there  be  raised,  within  this  government,  two  thousand  men — 

*  Published  February  15,  according  to  the  printed  acts. 


[3d  Sess.] 


Peovince  Laws. — 1761-62. 


529 


to  be  put  under  the  command  of  General  Amherst,  in  addition  to  the 
men  ah-ead}'  under  his  command  belonging  to  this  government — to  sup- 
ply sucli  part  of  the  regular  forces  in  America  as  shall  be  drawn  out  of 
the  several  forts  and  garrisons,  to  be  employed  in  some  important  en- 
terprize  ;  and  whereas  the  treasurer  has  represented  to  this  court  that, 
when  the  taxes  for  the  ^^ear  one  thousand  seven  hundred  and  sixty-one 
are  paid  into  the  treasur}*,  and  the  government  securities  that  will  be- 
come due  on  or  before  the  twentieth  day  of  June,  one  thousand  seven 
hundred  and  sixty-two,  are  redeemed,  there  will  be  a  considerable  sur- 
plusage in  the  treasurj- ;  therefore, — 

Be  it  enacted  by  the  Governo[^a']r,  Council  and  House  of  Representa- 
tives^ 

That  the  treasurer  be  and  he  herel\y  is  directed  to  apply  twent}'  thou-  Moneys,  how 
sand  pounds  of  the  aforesaid  surplusage,  for  the  payment  of  the  bounty,  appropriated. 
&c.,  the  allowance  to  the  officers  for  inlisting  of  men,  and  to  the  colo- 
nels of  the  militia,  and  to  such  other  persons  as  may  be  employed,  by 
the  governo[u]r,  in  paj-ing  the  bount}',  and  for  billet[^]ing  the  troops, 
and  to  enable  the  commissarj'-general  to  make  necessary-  supplies,  agre- 
able  to  the  orders  of  court ;  to  be  drawn  out  of  the  treasury  by  warrant 
from  the  governo[u]r,  with  advice  of  council,  upon  the  appropriation 
for  the  campaign  in  the  ^-ear  one  thousand  seven  hundred  and  sixty- 
two  ;  and  the  secretary  to  whom  it  belongs  to  keep  the  muster-rolls  and 
aeco[mp][i<?i.]ts  of  charge,  shall  lay  before  the  house  of  representa- 
tives, when  they  direct,  such  muster-rolls  and  acco[mpJ[wwJts,  after 
payment  thereof.     \_Passed  March  6,  1762.* 


CHAPTER  41. 


AN  ACT  FOR  REVIVING  AND  CONTINUING  SUNDRY  LAWS  THAT  ARE 
EXPIRED,   OR  NEAR   EXPIRING. 

Whereas  the  several  acts  hereinafter  mentioned  (made  in  the  reign 
of  his  late  majesty  King  George  the  Second,  and  in  the  several  3"ears 
of  the  same  reign,  as  in  this  act  is  set  forth),  which  are  now  expired,  or 
near  expiring,  have  been  found  useful  and  beneficial;  vizW.,  an  act 
made  in  the  fourteenth  year,  intit[zi]led  "An  Act  to  prevent  damage 
being  done  to  the  harbour  of  Cape  Cod  b^'  cattle  and  horse-kind 
feeding  on  Provincetown  lands";  an  act  made  in  the  fifteenth  year, 
intit[M]led  "An  Act  in  addition  to  an  act  intit[M]led  'An  Act  for  ex- 
planation of,  and  supplement  to,  an  act  refer [r]ing  to  the  poor'  "  ;  four 
acts  made  in  the  sixteenth  year;  viz^'^.,  one,  intit[i<]led  "An  Act  in 
addition  to  and  for  rendering  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  William 
and  Queen  Mary ;  and  also  for  the  preventing  fraud  and  injustice  in 
the  measuring  of  grain'  "  ;  another  act,  intit[«]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  ad- 
joining thereto"  ;  an  act  intit[?<]led  "An  Act  to  prevent  multiplicity 
of  lawsuits"  ;  also  an  act  intit[«]led  "An  Act  in  further  addition  to 
and  explanation  of  an  'Act  for  regulating  townships,  choice  of  town 
officers,  &c.'  "  ;  also  three  acts  made  in  the  seventeenth  .year,  one, 
intit[tt]led  '"An  Act  for  preventing  mischief  by  unruly  dogs  on  the 
island  of  Nantucket  "  ;  another  act,  intit[M.]led  "An  Act  for  preventing 

*  According  to  the  printed  acts,  this  act  was  published  February  15,  1762. 


Acts  continued. 


Provincetown. 
1740--tl,  eh.  15. 


Poor. 
1741-42,  ch.  4. 


Assize  of  casks 
and  measure  of 
grain. 
1742-43,  ch.  4. 


Billingsgate 

Bay. 

1742-43,  ch.  11. 


Lawsuits. 
1742-43,  ch.  25. 

Regulating 
townships. 
1742-43,  ch.  28. 
Unruly  dogs. 
1743-44,  ch.  6. 


530 


Province  Laws."1761-62.  [Chap.  42.] 


White-pine 
trees. 
1743-44,  ch.  14. 

Bridges. 
1743^4,  ch.  21. 

Harbor  of  Cape 

Cod. 

1744-45,  ch.  27. 


Noaset  Meadow. 
1746-47,  ch.  27. 

Pun  cook. 
1747-48,  ch.  11. 

Support  of  min- 
isters. 
1750-51,  oh.  21. 

Regulating 
fences. 
1750-51,  ch.  22. 

Salem  meeting- 
house. 
1753-54,  ch.  14. 

Judicial  pro- 
coudings. 
1756-57,  ch.  28. 

Regulating 
Indians. 
1758-59,  ch.  6. 

Regulation  of 
fences. 
1758-59,  ch.  33. 

Cord  wood. 
1758-59,  ch.  16. 

Limitation  of 
actions. 
1759-60,  ch.  15. 

Martha's 
Vineyard. 
1760-61,  ch.  35. 


the  destruction  of  white-pine  trees  within  this  province,  and  for  en- 
couraging the  preservation  of  them  for  the  use  of  the  royal  navy"  ; 
and  another  act,  intit[M]led  "An  Act  to  regulate  the  expence  of  private 
bridges"  ;  an  act  made  in  the  eighteenth  year,  intit[ii]led  "An  Act 
in  addition  to  the  'Act  for  preventing  damage  to  the  harbour  of  Cape 
Cod,  bj'  cattle  and  horse-kind  feeding  on  Provincetown  lands'  "  ;  an- 
other act  made  in  the  twentieth  jear,  intit[w]led  "An  Act  to  prevent 
damage  being  done  unto  Nosset  Meadow,  by  cattle  and  horse-kind 
feeding  on  the  beach  adjoining  thereto  "  ;  an  act  made  in  the  twenty- 
first  3'ear,  intit[M]led  "An  Act  to  enable  the  proprietors  of  Suncook  to 
raise  money  for  the  support  of  their  present  minister";  two  acts 
made  in  the  twenty-fourth  3'ear,  one,  intit[?<31ed  "An  Act  *  for  the  sup- 
port of  ministers  in  new  plantations"  ;  another  act,  intit[M]led  "An 
Act  in  addition  to  an  'Act  for  regulating  fences,  cattle,  &c.'  "  ;  an 
act  made  in  the  twent^'-seventh  3'ear,  intit[M]led  "An  Act  to  [e][?']m- 
power  the.  proprietors  of  the  meeting-house  in  the  first  parish  in 
Salem,  where  the  Reverend  Mr.  Dudle}-  Leavitt  now  officiates,  to  raise 
money  to  defrey  ministerial  and  other  necessary  cliarges  "  ;  an  act 
made  in  the  thirtieth  year,  intit[it]led  "An  Act  for  further  regulating 
the  course  of  judicial  proceedings"  ;  an  act  made  in  the  thirty-first 
year,  intit[?t]led  "An  Act  in  addition  to  the  several  acts  for  the  better 
regulating  the  Indians  "  ;  two  acts  made  in  the  thirty-second  year  ;  viz"^'^. , 
"An  Act  in  addition  to  an  act  intit[?i]led  an  'Act  for  regulating  of 
fences,  cattle,  &c.'  "  ;  also  an  "Act  in  addition  to  an  act  iutit[?t]led 
'An  Act  to  prevent  fraud  in  cord  wood  exposed  to  sale'";  an  act 
made  in  the  thirty-third  year,  intit[w]led  "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'  "  ;  also  an  act  made  in  the  first 
year  of  his  present  majesty's  reign  ;  viz"^'^.,  an  act  intit[?<]led  "i^^A.ct 
for  preventing  the  stealing  and  clandestinely  conveying  sheep  away 
from  the  island  of  Martha's  Vineyard,  in  Duke's  County," — 

Be  it  therefore  enacted  by  the  Governolyi]!-,  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  herebj'  are  revived,  and  shall  be  in  force  until  the  first  da}'  of 
Jul}',  which  will  be  in  the  year  of  our  Lord  one  thousand  seven  hun- 
dred and  sixty-seven  ;  and  such  of  said  acts  as  are  not  [as]  yet  ex- 
pired, are  hereb}'  continued,  and  shall  be  in  force  until  the  said  first 
day  of  Jul}',  Anno  Domini  one  thousand  seven  hundred  and  sixty- 
seven,  and  no  longer.     [^Passed  March  6,  1762. f 


CHAPTER    42. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  FALLTOWN, 
IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  TOWN  BY  THE  NAME  OF 
BERNARDSTON. 

Preamble.  Whereas  it  hath  been  represented  to  this  court  that  the  erecting  the 

plantation  called  Falltown,  into  a  town,  will  greatly  contribute  to  the 
growth  thereof,  and  remedy  many  inconveniencies  to  which  the  inhab- 
itants and  proprietors  may  be  otherwise  subject, — 


*"  Providing"  omitted  in  the  title. 

t  Aiteoiding  to  the  printed  acts,  tliis  act  was  published  Februarj'  13,  1762. 


[Sd  Sess.] 


Province  Laws.— 1761-62. 


531 


Be  it  enacted  hy  the  Governor^  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  the  plantation  aforesaid,  bonnderl  as  follows; 
vizi^'^,  north,  on  the  province  line;  south,  parth*  on  Deerfield,  and 
partly  on  Greenfield  ;  east,  upon  NorthOeld  ;  and  west,  on  Colrain  ;  be 
and  hereby  is  erected  into  a  town  by  the  name  of  Bernardston  ;  and 
that  the  inhabitants  thereof  be  and  hereby  are  invested  with  all  the 
powers,  priviledges  and  immunities  which  the  inhabitants  of  the  towns 
within  this  province  do  enjo^'. 

And  he  it  farther  enacted^ 

[Sect.  2.]  That  Elijah  Williams,  Esquire,  be  and  hereby  is  impow- 
ered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  in  said 
town,  requiring  him  to  warn  the  inhabitants  of  the  said  town,  qualified 
b}'  law  to  vote  in  town  aflairs,  to  meet  at  such  time  and  place  as  shall 
be  therein  set  forth,  to  choose  all  such  officers  as  are  or  shall  be  re- 
quired b}'  law  to  manage  the  affairs  of  said  town.  \_Passecl  March  6, 
1762. 


Bounds  of  the 
town. 


Town-meeting 
to  be  warned. 


CHAPTER    43. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  NUMBER 
THREE,  IN  THE  COUNTY  OF  BERKSHIRE,  INTO  A  TOWN  BY  THE 
NAME   OF   SANDISFIELD. 


Bounds  of 
Sandisflcld. 


Whereas  it  hath  been  represented  to  this  court  that  the  erecting  the   Preamble, 
plantation  called  Number  Three,  into  a  town,  will  greatly  contribute  to 
the  growth  thereof,  and  remedy  man}'  inconveniencies  to  which  the  in- 
habitants and  proprietors  may  be  otherwise  subject, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  plantation  aforesaid,  bounded  as  follows; 
\uP-^.,  west,  on  New  Marlborough;  south  and  east,  on  Equivalent 
Land,  so  called  ;  north,  partly  on  Numl)er  One,  and  partly  on  said 
Equivalent  Land ;  be  and  hereb}'  is  erected  into  a  town  by  the  name 
of  Sandisfield  ;  and  that  the  inhabitants  thereof  be  and  hereby  are 
invested  with  all  the  powers,  priviledges  and  immunities  which  the 
inhabitants  of  the  towns  within  this  province  do  enjo}'. 

And  he  it  further  enacted, 

[Sect.  2.]  That  Joseph  Dwight,  Esquire,  be  and  hereby  is  empow-  ^"^"^^fje^^ 
ered  to  issue  his  warrant,  directed  to  some  principal  inhal)itant  in  said 
town,  requiring  him  to  warn  the  inhabitants  of  the  said  town,  qualified 
b}'  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  are  or  shall  be  re- 
quired b}'  law  to  man  [n]  age  the  affairs  of  said  town.  \_Passed  March 
6,  1762. 


532 


Pkovince  Laws.— 1761-62. 


[Chap.  44.] 


CHAPTEE    44. 


Pream'ble. 
1745-46,  chap.  9. 


Lands  to  be  sold 
in  case  of  non- 
payment of 
taxes. 


Notification  of 

Biile,  to  be  posted 
up, 


— and  advertised 
in  the  news- 
papers. 


AN  ACT  TO  SUBJECT  THE  "UNIMPROVED  LANDS  WITHIN  THIS  PROV- 
INCE TO  BE  SOLD  FOR  PAYMENT  OF  TAXES  ASSESSED  ON  THEM 
BY  ORDER  OF  THE  GREAT  AND  GENERAL  COURT,  AND  VOTES  AND 
AGREEMENTS  OF  THE  PROPRIETORS  THEREOF,  AND  TO  ENABLE 
PROPRIETORS  OF  NEW  PLANTATIONS  TO  LEVY  PROVINCE  AND 
COUNTY  TAXES  LAID  UPON  THEM. 

Whereas  it  frequently  happens  that  the  proprietors  of  unimproved 
lands  within  the  several  towns,  precincts,  districts,  new  plantations 
and  proprieties  within  this  province,  neglect  or  dela}'  to  pay  their  pro- 
portions of  the  sums  from  time  to  time  assessed  on  such  lands  by  order 
of  the  great  and  general  court,  and  according  to  their  own  agreements, 
towards  defreying  the  public[fc]  charges  arising  within  such  towns, 
pi'ecincts,  districts,  new  plantations  and  proprieties, — 

Be  it  therefore  enacted  hy  the  Governor^  Council  and  House  of 
Representatives, 

[Sect.  1.]  That  if  the  assessors  of  any  of  the  towns,  precincts, 
districts,  new  plantations  or  proprieties  within  this  province,  have,  or 
at  an}'  time  to  come  shall,  pursuant  to  the  direction  or  orders  of  the 
general  court,  lev}'  or  assess  a  tax  upon  the  lands  of  the  proprietors 
situate  in  any  of  the  towns,  precincts,  districts  or  new  plantations 
within  this  province,  for  defreying  the  publick  charges  arising  in  the 
said  towns,  precincts,  districts,  new  plantations  or  proprieties  ;  or  if  the 
assessors  chosen  b}'  the  proprietors  of  the  common  and  undivided  land 
in  any  of  the  towns,  precincts,  districts,  new  plantations  or  proprieties 
within  this  province,  pursuant  to  the  votes  and  agreements  of  such  pro- 
priety, have  or  shall  levy  or  assess  a  tax,  upon  such  proprietors,  by 
them  thought  necessar}'  to  cany  on  and  prosecute  any  actions  or  suits 
that  may  be  brought  by  or  against  them,  or  for  the  carrying  on  and 
managing  of  any  other  public[^•]  affair  relating  to  such  proprietors,  or 
performance  of  the  conditions  of  their  grant,  respectivel}' ;  and  such 
proprietors  shall  neglect  or  delay  to  pa}'  to  the  collector  or  collectors 
the  sums  from  time  to  time  levied  or  assessed  upon  their  lands,  as 
aforesaid,  for  sixty  days  after  such  assessment  is  made,  and  published 
by  posting  up  the  same  in  the  town,  precinct,  district  or  new  planta- 
tion where  such  land  lies,  and  in  the  shire  town  of  the  county, — that 
then  and  in  such  case  it  shall  and  may  be  lawful  for  such  assessors, 
respectively,  to  post  up,  in  some  public[^•J  place  or  places  in  the  town, 
precinct,  district  or  new  plantation  where  the  lands  lie,  notifications  of 
the  intended  sale  of  so  much,  and  no  more,  of  such  delinquent  proprie- 
tors' lands  or  common  rights,  as  they  shall  judge  necessary  to  pay 
and  satisfy  such  rates  and  taxes  and  other  necessary  and  intervening 
charges,  three  months  before  the  same  be  sold  ;  and  also  the  assessors 
shall  be  obliged,  for  the  notification  of  the  non-resident  jjroprietors,  to 
advertise,  in  all  the  several  Boston  newspapers,  three  several  weeks, 
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 
assessments,  and  charges,  then  and  in  tliat  case  it  shall  and  may  be 
lawful  for  the  assessors,  at  a  public[A^:]  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  shall  give  most  for  the  same  ; 
which  deed  shall  be  good  and  valid  to  all  intents  and  purposes,  in  the 
law,  for  conveying  such  estates  to  the  grantees,  their  heirs  and  as- 
sign[e]s  forever:    and  if  the  said  lands  be  sold  for  more,  than*  the 

*  Sic  :  then  ? 


[3d  Sess.] 


Province  Laws.— 1761-62. 


533 


overplus,  after  all  charges  arising  about  the  same   are   subducted,  to  Overplus 
be  paid  to  such  delinquent  proprietors,  or  their  order  ;  the  mone}'  which  ™turned°.^^ 
the  said  lands  shall  be  sold  for  to  be  lodged  in  the  hands  of  the  treas- 
urers of  the  respective  towns,  precincts,  districts  or  proprieties  ;  who 
are  hereby  directed  to  attend  the  orders  of  the  assessors  of  such  towns, 
precincts,  districts  or  proprieties,  for  payment  of  the  same,  pursuant  to 
the  true  intent  and  meaning  of  this  act,  reserving  to  such  non-resident 
l)roprietors  as  are  not  inhabitants  of  this  province,  their  heirs  or  as- 
sign [e]s,  libert}-  for  redemption  of  their  lands  so  sold,  they  paying  to  Right  of  re- 
the  grantees,  or  their  heirs,  respectively,  within  one  yeav  afterwards,  the  c^P  '°°'  ^^ 
sums  for  which  the  said  lands  were  sold,  with  double  damages  until 
the  same  be  redeemed. 

And  be  it  further  enacted, 

[Sect.  2.]     That  the  assessors  of  the  several  new  plantations  in  the  New  plantations 
counties  of  Worcester,  Hampshire  and  Berkshire,  which  are  not  incor-  Ha^psMrTlnd 
porated  into  towns  or  districts,  upon  which  any  part  of  the  province  Berkshire  to  be 
tax  is  laid,  be  and  hereby  are  authori[s][2]ed,  empowered  and  di-  ^^^** 
rected  to  lev}-  all  province  and  count}-  taxes  set  upon  such  plantations, 
upon  the  whole  propriety,  except  the  pubhc[A;]    rights;    viz^^'^.,  each 
acre  an  equal  part :  and  the  collector  or  collectors  are  required  to  col- 
lect the  same,  and  in  case  any  of  the  proprietors  of  such  new  planta- 
tions, in  said  counties,  neglect,  for  the  space  of  sixty  days,  to  pay  such 
assessment,  then  the  assessors  shall  sell  such  delinquent  proprietor's 
lands,  proceeding  in  manner  as  is  above  directed  in  this  act  for  the 
sale  of  proprietors'  lands. 

[Sect.  3.]     This  act  to  continue  and  be  in  force  for  the  space  of 
three  years  from  the  first  day  of  April  next.     \_Passed  March  6,*  1762. 


CHAPTER   45. 

AN  ACT  FOR  INCORPORATING  THE  PLANTATION  CALLED  NARRAGAN- 
SET[r]  NUMBER  SIX,  IN  THE  COUNTY  OF  WORCESTER,  INTO  A 
TOWN   BY  THE   NAME   OF   TEMPLETOWN. 

"Whereas  the  plantation  of  Narragansett  Number  Six,  lying  in  the  preamble, 
county  of  Worcester,  is  competently  filled  with  inhabitants,  who  labour 
under  great  difficulties  and  inconveniencies  by  means  of  their  not  being 
a  town  ;  therefore, — 

jB*  it  enacted  by  the   Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  said  plantation,  commonly  called  and  known  by  Bounds  of  the 
the  name  of  ]Srarraganset[^]  Number  Six,  bounding,  westerly,  onPoqui-  *^^°* 
oge  ;  southerly',  on  Rutland  District  and  Petersham  ;  easterl}-,  on  West- 
minster ;  northerly,  on  Ipswich-Canada  and  Royalshire,  be  and  hereby 
is  erected  into  a  town  by  the  name  of  Templetown ;  and  that  the  said 
town  be  and  hereby  is  invested  with  all  the  powers,  priviledges  and  im- 
munities that  any  of  the  towns  of  this  province  do  or  may  by  law  enjo}'. 

Provided, — 

[Sect.  2.]     That  nothing  in  this  act  shall  be  so  understood  or  con-   proviso, 
strued  as,  in  an}^  measure,  to  superse[e]de  or  make  void  any  grants  or 
assessments  already  made  or  agreed  on  by  the  proprietors  of  said  place 
in  time  past,  but  that  the  same  shall  remain  and  be  as  effectual  as  if 
this  act  had  not  been  made. 


•  According  to  the  printed  acts,  this  was  published  February  15,  1762. 


534 


Province  Laws.— 1761-62.    [Chaps.  46,  47.] 


Town  meeting 
to  be  warned. 


And  be  it  further  enacted, 

[Sect.  3.]  That  Joshua  Willard,  Esquire,  be  and  hereb}'  is  impow- 
ered  to  issue  his  warrants  to  some  principal  inhabitant  of  the  said  plan- 
tation, 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  necessarj'  to  manage  the 
affairs  of  said  town  ;  and  the  inhabitants,  being  so  met,  shall  be  and 
hereb}'  are  impowered  to  chuse  said  officers  accordingly.  \_Passed 
March  6,  1762. 


CHAPTER    4  6. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  PAYQUAGE, 
IN  THE  COUNTY  OF  WORCESTER,  INTO  A  TOWN  BY  THE  NAME  OF 
ATHOL. 


Preamble. 


Bounds  of  the 
town  of  Athol. 


Town  meeting 
to  be  warned. 


Whereas  it  hath  been  represented  to  this  court  that  the  inhabitants  of 
the  plantation  of  Pa3qnage,  in  the  county  of  Worcester,  labour  under 
great  difficulties,  hy  reason  of  their  not  being  incorporated  into  a  town, 
and  are  desirous  of  being  so  incorporated, — 

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

[Sect.  1.]  That  the  said  plantation  be  and  hereby  is  erected  into 
a  town  by  the  name  of  Athol,  bounded  as  follows;  viz'^''.,  northerl}', 
on  the  plantations  of  Royalshire  and  Mountgrace  ;  westerl}',  on  Erving- 
shire  and  New  Salem  ;  southerly,  on  Petersham  and  the  plantation  called 
Number  Six  ;  and  easterly',  on  said  Number  Six  ;  and  that  the  inhabit- 
ants thereof  be  and  hereby  are  invested  with  all  the  powers,  privi- 
ledges  and  immunities  that  the  inhabitants  of  the  towns  within  this 
province  are,  b}'  law,  vested  with. 

And  be  it  further  enacted, 

[Sect.  2.]  That  John  Murray,  Esquire,  be  and  hereby  is  directed 
and  [i]  [e]  mpowered  to  issue  his  warrant,  directed  to  some  of  the  prin- 
cipal inhabitants  within  said  town,  requiring  them  to  warn  the  inhabit- 
ants of  said  town,  quahfied  to  vote  in  town  affairs,  to  assemble  at  some 
suitable  time  and  place  in  said  town,  to  chuse  such  officers  as  are 
necessarj'^  to  manage  the  affairs  of  said  town. 

Provided,  nevertheless, — 

[Sect.  3.]  The  inhabitants  of  said  town  shall  pay  their  propostion- 
able  part  of  such  countj^  and  province  charges  as  are  already  assessed 
in  like  manner  as  tho  this  act  had  not  been  made.  \_Passed  March  6, 
1762. 


CHAPTER    47. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  NUMBER 
ONE,  IN  THE  COUNTY  OF  BERKSHIRE,  INTO  A  TOWN  BY  THE 
NAME  OF  TYRINGHAM. 


Preamble.  Whereas  it  hath  been  represented  to  this  court  that  the  erecting  the 

plantation  called  Number  One,  into  a  town,  will  greatly  contribute  to 
the  growth  thereof,  and  remedy  man}'  inconveniencies  to  which  the  in- 
habitants and  proprietors  may  be  otherwise  subject, — 


[3d  Sess.] 


Provikce  Laws.— 1761-62. 


535 


Bounds  of  tho 
town. 


Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  the  plantation  aforesaid,  bounded  as  follows; 
viz^'^,  west,  on  Sheffield;  south,  partly  on  New  Marlborough,  and 
partly  on  Number  Three  ;  east,  partly  on  Number  Four,  and  partly  on 
land  called  the  Equivalent  Lands  ;  northerly,  on  the  unappropriated 
lands  of  the  province,  be  and  hereby  is  erected  into  a  town  by  the 
name  of  Tj'ringham  ;  and  that  the  inhabitants  thereof  be  and  hereby 
are  invested  with  all  the  powers,  priviledges  and  immunities  which 
the  inhabitants  of  the  towns  within  this  province  do  enjoy. 

And  he  it  further  enacted^ 

[Sect.  2.]  That  Joseph  Dwight,  EsqW[i<tre],  be  and  hereby  is  Town  meeting 
[e]  [t]  mpowered  to  issue  his  warrant,  directed  to  some  principal  inhab-  to  be  warned, 
itant  in  said  town,  to  notify  and  warn  the  inhabitants  in  said  town, 
qualified  by  law  to  vote  in  town  affairs,  to  meet  at  such  time  and  place 
as  shall  be  therein  set  forth,  to  ch[oo][rt]se  all  such  officers  as  are  or 
shall  be  required,  by  law,  to  manage  the  affairs  of  said  town.  [^Passed 
March  6,  1762. 


536 


Province  Laws.— 1761-62.         [Chap.  48.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Fourteenth  day  of  April,  A.D.  1762. 


Preamble. 


Jasper  Mauduit, 
Esq.,  empow- 
ered, and.  in 
case,  Richard 
Jackson,  jun., 
to  receive 
money. 


Province  treas- 
urer to  receive 
it  upon  its 
arrival. 


Jasper  Mauduit, 
Esq.,  and,  in 
case,  Richard 
Jacljson,  jun., 
Esq.,  to  receive 


CHAPTER    48. 

AN  ACT  FOR  IMPOWERING  JASPER  MAUDUIT,  ESQ.,  AND,  IN  CASE 
HE  IS  PREVENTED  BY  SICKNESS,  DEATH,  OR  ANY  OTHER  WAY, 
RICHARD  JACKSON,  JUN.,  ESQ.,  TO  RECEIVE  ANY  SUM  OR  SUMS 
OF  MONEY  THAT  ARE  OR  MAY  BE  DUE  OR  PAYABLE  IN  GREAT 
BRITAIN,  TO  THE  PROVINCE   OF  THE  MASSACHUSETTS  BAY. 

Whereas  the  parliament  of  Great  Britain  have  granted  two  hundred 
thousand  pounds  sterling,  to  enable  his  majest}'  to  make  a  proper  com- 
pensation to  the  respective  colonies  in  North  America,  for  the  expences 
incurred  by  them  in  levying,  cloathing,  and  pay,  of  the  troops  raised 
by  them,  respectively,  in  the  year  one  thousand  seven  hundred  and 
sixty  ;  and  whereas  it  is  humbly  hoped  that  the  parliament  will  make  a 
grant  to  the  said  colonies,  for  the  expences  incurred,  as  aforesaid,  in 
the  year  one  thousand  seven  hundred  and  sixty-one,  and  that  will  be 
incurred  the  present  3'ear,  one  thousand  seven  hundred  and  sixtj'-two, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  Jasper  Mauduit,  Esq.,  agent  for  this  province  in 
Great  Britain,  and,  in  case  he  is  prevented  by  sickness,  death,  or  any 
other  wa^',  Richard  Jackson,  jun.,  Esq.,  be  and  is  hereby  authorized 
and  irapowered  to  receive  the  whole  and  every  part  of  the  sum  or  sums 
that  are  or  shall  be  assigned  b}'  his  majesty  to  the  province  of  the  Mass- 
achusetts Bay,  out  of  any  grant  made  or  to  be  made  as  aforesaid  ;  and, 
upon  receipt  thereof,  to  give  a  full  discharge  therefor  to  the  right  hon- 
ourable the  lords  commissioners  of  the  treasury,  or  to  any  person  or 
persons,  whatsoever,  who  ma}^  have  the  same,  or  any  part  thereof,  in 
his  or  their  hands  or  possession  ;  and  that  the  said  Jasper  Mauduit,  or 
Richard  Jackson,  pursue  such  instructions  as  the^'  shall  respectively 
receive  from  the  general  court,  with  regard  to  the  transportation  of 
the  same  to  this  province. 

And  he  it  further  enacted^ 

[Sect.  2.]  That  the  treasurer  of  the  province,  for  the  time  being, 
be  and  he  is  hereby-  fully  authorized  and  impowered  to  demand  and 
receive  the  whole  and  everv  part  of  such  sum  or  sums  of  money,  from 
the  commander  of  an}'  vessel  on  board  of  which  the  same  shall  be  ship'd, 
on  the  arrival  thereof  within  this  government. 

And  whereas  there  ma}^  be  monies  belonging  to  the  province  in  the 
hands  of  William  BoUan,  Esq.,  or  other  persons  in  Great  Britain, — 

Be  it  enacted^ 

[Sect.  3.]  That  the  said  Jasper  Mauduit,  Esq.,  and,  in  case  he  is 
prevented  by  sickness,  death,  or  any  other  way,  the  said  Richard  Jack- 
son, jun.,  Esq.,  be  and  hereby  is  authorized  and  impowered  to  demand 


[4th  Sess.]  Province  Laws. — 1761-62. 


537 


of  and  receive  from  the  said  "William  BoUan,  Esq. ,  or  anj-  other  person,   papers,  &c.,  of 
all  monies  in  his  or  their  hands,  belonging  to  the  province  ;  and  also  to      i-BoUan. 
receive  of  the  said  William  BoUan,  Esq.,  all  papers  in  his  hands,  rela- 
tive to  the  affairs  of  the  province.     [^Passed  April  24,  1762. 


CHAPTER  4  9. 

AN  ACT  TO  EXPLAIN,  AMEND,  AND  CARRY  INTO  EXECUTION,  AN  ACT 
MADE  IN  THE  FIRST  YEAR  OF  THE  REIGN  OF  HIS  PRESENT  MA- 
JESTY, INTITULED  "AN  ACT  FOR  RAISING  A  SUM  OF  MONEY,  BY 
LOTTERY,  FOR  REPAIRING  FANUEIL  HALL  IN  BOSTON." 


Whereas,  in  and  b}^  an  act  made  in  the  first  j'ear  of  the  reign  of  his  Preamble, 
present  majesty,  intituled  "  An  Act  for  raising  a  sum  of  raone}',  by  lot-  i760-«i,  chap, 
tery,  for  repairing  Fanueil  Hall  in  Boston,"  it  is  enacted  "  that  Sam-  ^* 
iiel  Sewall,  Samuel  Phillips  Savage  and  Ezekiel  Lewis,  or  an^'  two  of 
them,  be  allowed  and  impowered  to  set  up  and  carr^*  on  a  lottery'  or 
lotteries,  amounting  to  such  a  sum  as,  b}'  drawing  ten  per  cent  out  of 
each  prize,  or  out  of  the  whole,  might  raise  a  sum  of  two  thousand 
pounds,  and  no  more,  and  that  the  said  sum  should  be  applied  by  them, 
or  the  major  part  of  them,  to  the  rebuilding  the  said  Fanueil  Hall,  and 
the  market  under  the  same  ;  "  and  whereas  it  is  apprehended  that  the 
said  three  persons,  so  appointed,  are  not  a  sufficient  number  to  execute 
the  same,  so  as  to  make  a  provision  for  the  common  accidents  of  death 
and  sickness  ;  and  it  appears  that,  b^'  reason  of  the  great  advance  of  the 
prices  of  materials  and  workmanship  occasioned  by  the  late  dreadful 
fire,  the  said  sura  will  not  be  sufficient  for  the  purposes  before  men- 
tioned ;  b}'  means  whereof  the  sums  of  mone}'  which  the  said  Samuel 
Sewall,  Samuel  Phillips  Savage  and  Ezekiel  Lewis  have  already  ex- 
pended or  engaged  for,  on  the  credit  of  the  said  act,  and  such  further 
sums  as  the}^  ma}'  hereafter  expend  for  the  said  purposes,  will  proba- 
bly be  lost  to  the  publick  by  the  incompletion  of  the  said  hall  and  mar- 
ket.— 

Be  it  enacted  by  the  Governor^   Council  and  House  of  Representa- 
tives, 

That  Thomas  Gushing,  Samuel  Hewes,  John  Scollay  and  Benjamin  Managers  ap. 
Austin,  Esqrs.,  be  added  to  the  said  Samuel  Sewall,  Samuel  Phillips  Faneuii-hali 
Savage,  and  Ezekiel  Lewis ;  and  that  they,  the  said  Thomas  Gushing,  ^'^''^e*- 
Samuel  Hewes,  John  Scollay  and  Benjamin  Austin,  Esqrs.,  together 
■with  the  said  Samuel  Sewall,  Samuel  Phillips  Savage  and  Ezekiel 
Lewis,  be  and  the}'  are  hereby'  allowed  and  impowered  to  cany  into 
execution  the  said  act,  in  the  same  manner,  and  under  the  same  regu- 
lations and  restrictions,  as  the  said  Samuel  Sewall,  Samuel  PhiUips 
Savage  and  Ezekiel  Lewis  were,  by  the  said  act,  allowed  and  impow- 
ered ;  and  further,  that  they,  the  said  Samuel  Sewall,  Samuel  Phillips 
Savage,  Ezekiel  Lewis,  Thomas  Gushing,  Samuel  Hewes,  John  Scollay 
and  Benjamin  Austin,  Esqrs.,  or  any  three  of  them,  be  and  they  are 
hereby  allowed  and  impowered,  — b}'  a  lotter}*  or  lotteries,  in  the  same 
manner,  and  under  the  same  regulations  and  restrictions,  as  in  the  said 
act  is  directed, — instead  of  the  said  sum  of  two  thousand  pounds,  as 
mentioned  in  the  said  act,  to  raise  the  sum  of  three  thousand  pounds, 
over  and  above  the  necessar}'  charges  of  the  said  lotter}^  or  lotteries ; 
which  sum  of  three  thousand  pounds  shall  be  applied  to  the  purposes 
mentioned  in  the  said  act,  according  to  the  true  intent  and  meaning 
thereof,  and  to  no  other  purposes  whatsoever.  \_Passed  and  pub- 
lished April  24,  1762. 


538 


Peovince  Laws.— 1761-62.  [Chap.  50.] 


CHAPTEK   50. 


AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  SEV- 
ENTEEN THOUSAND  TWO  HUNDRED  AND  FIFTY-ONE  POUNDS,  BY 
BORROWING  THE  SAME. 


Preamble. 


Treasurer  em- 
powered to  bor- 
row £17,251. 


1749-50,  chap. 
19. 


Form  of  treas- 
urer's receipt : 


— to  be 
stamped. 


Whereas  the  great  and  general  court,  at  their  present  session,  have 
voted  that  there  be  raised,  within  this  government,  six  hundred  and 
twenty  men, — in  addition  to  the  two  thousand  men  voted  to  be  raised  the 
last  session,  and  the  six  hundred  men  already  in  the  pay  of  the  province 
at  Nova  Scotia  and  Crown  Point,  —  to  be  put  under  the  command  of  his 
excellenc}'  General  Amherst,  to  supply  such  part  of  the  regular  forces 
in  America,  as  shall  be  drawn  out  of  the  several  forts  and  garrisons 
to  be  employed  in  some  important  expedition ;  and  have  also  voted  a 
bounty  of  three  pounds  ten  shillings  to  each  of  the  aforesaid  six 
hundred  men  at  Nova  Scotia  and  Crown  Point,  that  shall  inlist  anew 
in  the  service  until  the  last  day  of  October  next ;  and  have  also  voted 
a  bounty  of  seven  pounds  to  each  able-bodied,  effective  man,  not  ex- 
ceeding the  number  of  eight  hundred  and  ninety-three  men,  that  shall 
voluntarily'  inlist  in  the  regular  ser\dce,  in  order  to  compleat  the  regu- 
lar regiments  in  America  ;  and  whereas  the  provision  made  by  this  court, 
the  last  session,  for  the  pa^'ment  of  the  troops  raised  b}^  this  province  in 
the  3'ear  one  thousand  seven  hundred  and  sixt3'-one,  is  insufficient  for 
that  purpose, — 

Be  it  enacted  hy  the  Governor,  Oouncil  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  treasurer  be  and  he  hereby  is  du'ected  and  im- 
powered  to  borrow,  from  such  person  or  persons  as  shall  appear  to  lend 
the  same,  a  sum  not  exceeding  seventeen  thousand  two  hundred  and 
fifty-one  pounds,  in  mill'd  dollars  at  six'  shillings  each,  or  in  coined 
silver  and  gold  at  the  rate  mentioned  in  an  act,  of  this  province,  made 
and  passed  in  the  twenty-third  year  of  his  late  majesty  George  the 
Second,  intituled  "An  Act  for  ascertaining  the  rates  at  which  coined 
silver  and  gold,  and  English  halfpence  and  farthings,  may  pass  within 
this  government  "  ;  and  for  the  sum  so  borrowed  the  treasurer  shall  give 
his  receipts  or  obligations  in  the  form  following ;  viz., — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D. 

Borrowed  and  received  of  the  sum  of  ,  for  the  use  and  ser- 

vice 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  to  his  order,  on  the  twentieth 

day  of  June,  A.D.  one  thousand  seven  hundred  and  sixty-five,  the  aforesaid 
sum  of  ,  in  Spanish  mill'd  doUars  at  six  shillings  each,  or  in  the 

several  species  of  coin'd  silver  and  gold  enumerated  in  an  act,  made  and  passed 
in  the  twenty-tliird  year  of  his  late  majesty  King  George  the  Second,  intituled 
"  An  Act  for  ascertaining  the  rates  at  which  coined  sUver  and  gold,  English 
halfpence  and  farthings,  may  pass  within  this  government,"  and  according  to 
the  rates  therein  mentioned,  with  interest,  annually,  at  six  per  cent. 

Witness  my  hand. 
A.  B.,) 

C.  1).,  ^  Committee.  H.  G.,  Treasurer. 

E.  F.,\ 

—  which  form  shall  be  printed  upon  the  most  suitable  paper  that  can  be 
provided  by  the  treasurer,  and  a  suitable  border  round  the  same,  —  with 
the  words  "  Province  of  the  Massachusetts  Bay,"  the  word  "  Commit- 
tee," and  the  words  "  Witness  my  hand,"  —  shall  be  struck  off  from  a 
copper-plate,  which  has  been  procured  by  order  of  this  court,  and  is  now 
in  the  hands  of  the  treasurer ;  and  each  blank,  before  it  be  filled  up,  shall 


[4th  Sess.] 


Province  Laws. — 1761-62. 


539 


be  stamped,  in  some  convenient  part  of  it,  with  a  stamp  of  the  new  form, 
which  has  likewise  been  procured  by  the  treasurer  for  that  purpose,  and 
is  now  in  his  hands :  and  no  receipt  shall  be  given  for  less  than  six 
pounds. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  committee  appointed  by  the  general  court 
shall  sign  all  the  blanks,  at  the  left  hand,  as  in  the  form  aforesaid  is 
prescribed,  before  the  treasurer  fills  them  up. 

And  he  it  further  enacted, 

[Sect.  3.]  That  the  aforesaid  sum  of  seventeen  thousand  two  hun- 
dred and  flft3'-one  pounds,  when  received  into  the  treasury',  shall  be 
issued  in  the  manner  and  for  the  purposes  following ;  that  is  to  say,  the 
sum  of  five  thousand  pounds,  part  of  the  aforesaid  sum  of  seventeen 
thousand  two  hundred  and  fifty-one  pounds,  shall  be  applied  for  com- 
pleating  the  payment  of  the  expences  of  the  campaign  in  the  jear  one 
thousand  seven  hundred  and  sixty-one  ;  and  the  further  sum  of  six 
thousand  two  hundred  and  fifty-one  pounds,  part  of  the  aforesaid  sum 
of  seventeen  thousand  two  hundred  and  fift3--one  pounds,  shall  be  applied 
for  paying  a  bounty  to  soldiers  emplo3'ed  in  the  regular  service  in 
America  ;  and  the  further  sum  of  six  thousand  pounds,  being  the  remain- 
der of  the  said  sum  of  seventeen  thousand  two  hundred  and  fiftj'-one 
pounds,  shall  be  applied  to  pay  the  charges  of  the  campaign  in  the  j'ear 
one  thousand  seven  hundred  and  sixt3'-two :  to  be  drawn  out  of  the 
treasury  hy  warrant  from  the  governor,  with  advice  and  consent  of 
the  council. 

And  in  order  to  draw  said  mone}'  into  the  treasury'  again,  and  enable 
the  treasurer  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.  4.]  That  there  be  and  hereby  is  granted  unto  his  most  ex- 
cellent majesty  a  tax  of  twent}'  thousand  three  hundred  pounds,  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  this  province,  as  shall  be  agreed  on  and  or- 
dered by  the  general  court  or  assembly,  at  their  sessions  in  May,  one 
thousand  seven  hundred  and  sixt^'-four,  and  to  be  paid  into  the  public 
treasury  on  or  before  the  last  day  of  March  next  after. 

And  he  it  further  enacted, 

[Sect.  5.]  That  if  the  general  court,  at  their  sessions  in  Ma^',  one 
thousand  seven  hundred  and  sixt3'-four,  and  some  time  before  the 
twentieth  da}'  of  June  in  said  3'ear,  shall  not  agree  and  conclude  upon 
an  act  apportioning  the  sums  which  by  this  act  are  engaged  to  be,  in 
said  3'ear,  apportioned,  assessed  and  levied,  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  sum  as  the  said  towns  and  districts  were 
taxed  b3'  the  general  court  in  the  tax  act  then  last  preceeding. 

[Sect.  6.]  And  the  province  treasurer  is  hereb3'  full}'  impowered 
and  directed,  some  time  in  the  month  of  July,  in  the  same  3'ear,  one 
thousand  seven  hundred  and  sixty-four,  to  issue  and  send  forth  his 
warrants,  directed  to  the  assessors  or  selectmen  of  each  town  and  dis- 
trict within  this  proA'ince,  requiring  them  to  assess  the  polls,  and  es- 
tates both  real  and  j)ersonal,  within  their  several  towns  and  districts, 
for  their  respective  parts  and  proportions  of  the  sums  before  directed 
and  engaged  to  be  assessed,  to  be  paid  into  the  treasur}"  on  the  afore- 
mentioned time  ;  and  the  assessors,  as  also  persons  assessed,  shall 
observe,  be  governed  b3',  and  subject  to,  all  such  rules  and  directions 
as  shall  have  been  given  in  the  last  preceeding  tax  act. 


Committee  to 
sign  witb  the 
treasurer. 


Money  bor- 
rowed, how  to 
be  applied. 


Tax  of  £20,300, 
granted  in  1764. 


Rule  for  appor- 
tiooing  the  tax, 
iu  case  no  tax 
act  shall  be 
agreed  on. 


540 


Peovikce  Laws.— 1761-62. 


[Chap.  51.] 


ProTiao. 


And  be  it  farther  enacted, 

[Sect.  7.]  That  the  treasurer  pa^'  the  sum  of  seventeen  thousand 
two  hundred  and  fift^'-one  pounds,  out  of  such  appropriations  as  shall 
be  directed  b}-  warrant,  and  no  other ;  and  the  secretarj^  to  whom  it 
belongs  to  keep  the  muster-rolls  and  accounts  of  charge  shall  lay  be- 
fore the  house  of  representatives,  when  i\\Q,y  direct,  such  muster-rolls 
and  accounts,  after  pa3-ment  thereof. 

Provided,  always, — 

[Sect.  8.]  That  the  remainder,  if  an}'  there  be,  of  the  sum  which 
shall  be  brought  into  the  treasur}'  b}'  the  taxes  ordered  by  this  act  to 
be  assessed  and  levied,  over  and  above  what  shall  be  sufficient  to  dis- 
charge the  notes  and  obligations  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. 
[^Passed  and  published  April  24,  1762. 


CHAPTER    51. 


AN  ACT  FOR  ALTERING  THE  TIMES  OF  HOLDING  THE  GENERAL 
SESSIONS  OF  THE  PEACE  AND  THE  INFERI0[{7]R  COURT[S]  OF 
COMMON  PLEAS  FOR  THE  COUNTIES  OF  CUMBERLAND  AND  LIN- 
COLN. 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 
Times  for  hold-        [Sect.  1.]     That  in  this  present  j-ear,  and  every  3-ear  for  the  future, 
and  Linco^n'*"*^  ^^^®  general  sessions  of  the  peace  and  court  of  common  pleas  for  the 
courts, altered,    county  of  Cumberland,  be  holden,  and  they  are  hereby  ordered  to  be 
holden  and  kept,  at  Falmouth,  on  the  third  Tuesday  of  May,  and  the 
second  Tuesday  of  October  ;  any  law  to  the  contrarj^  notwithstanding. 
And  be  it  further  enacted, 

[Sect.  2.]  That  in  this  present  year,  and  every  j-ear  for  the  future, 
the  general  sessions  of  the  peace  and  inferior  courts  of  common  pleas 
for  the  county  of  Lincoln,  be  holden,  and  they  are  hereby  ordered  to 
be  holden  and  kept,  at  Pownalborough,  on  the  first  Tuesday  of  June, 
and  the  last  Tuesday  of  September ;  any  law  to  the  contrary  notwith- 
standing. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  all  writs  and  processes  already  issued,  returnable 
to  the  courts  aforesaid,  at  the  times  hitherto  appointed  by  law  for 
holding  said  courts,  respectivel}',  and  all  matters  depending  in  said 
courts,  shall  be  proceeded  on  at  the  times,  respectively,  ai)pointed  by 
this  act  for  holding  the  respective  courts  aforesaid  ;  and  all  officers  and 
other  persons  concerned,  are  hereby  required  to  conform  themselves 
accordingl}'.     \_Passed  xipril  24,  17G2. 

Notes.  —  All  tho  acts  of  this  year,  except  the  private  act,  were  printed:  chapters 
17  and  25  separately;  but  of  the  latter  no  printed  copy  has  been  found.  The  en- 
grossments of  chapters  2,  3,  4,  12,  14,  15,  Iti,  22,  25,  29,  35.  48,  49,  and  50,  are  missing. 
Chapter  25,  in  this  volnme,  was  printed  from  the  original  bill  in  the  State  archives. 

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

"An  Act  for  Enabling  Mary  Hunt  to  Dispose  and  Convey  her  Lands  and  Interest 
in  Holden." — [Passed  April  24,  17G2. 

The  acts  of  the  first  session  were  duly  certified  for  transmission,  August  20,  1761. 
They  were  delivered  to  the  clerk  of  the  Privy  Council,  in  waiting,  November  21, 
and,  two  days  later,  were  referred  to  the  committee  on  plantation  affairs,  by  whom, 
on  the  tenth  of  December,  they  were  sent  to  the  Lords  of  Trade.  From  the  Lords 
of  Trade  they  went,  January  13,  17()2,  in  regular  course,  to  Sir  Matthew  Lamb,  for 
his  opinion  thereon,  who,  on  the  22d  of  May,  1762,  reported  that  be  had  no  objec- 
tion to  them  in  point  of  law.    This  report  was  read  at  the  Board,  June  t),  1762,  and 


[Notes.]  Peovince  Laws. — 17G1-62.  541 

it  was,  thereupon,  ordered  that  these  acts  "  lye  by  probationary  until  the  further 
operation  and  effect  of  them  should  be  known." 

The  acts  of  the  second  session  were  certified  for  transmission,  January  16,  1762, 
and  ordered  to  be  delivered  to  the  clerk  of  the  Council,  in  waiting,  June  8,  1762. 
No  order  has  been  found  referring  them  back  to  the  Lords  of  Trade,  nor  has  any 
order  of  the  Board  been  discovered  referring  them  to  Sir  Matthew  Lamb,  although 
the  latter  included  these  acts  with  the  acts  of  the  subsequent  sessions,  in  his  report 
hereafter  mentioned. 

The  acts  of  the  third  and  fourth  sessions  were  certified  for  transmission,  July  6, 
1762,  delivered  to  the  clerk  of  the  Council,  in  waiting,  September  28,  and  referred, 
the  next  day,  to  the  committee  on  plantation  affairs,  by  whom,  on  the  5">  of  Octo- 
ber, they  were  referretl  to  the  Lords  of  Trade.  No  record  of  action  upon  them  by 
the  Board  has  been  found  until  November  17.  when  the  Secretary  informed  the 
Board  that  these  acts  "  were  with  S"'  Matthew  Lamb,  for  his  Opinion  thereupon  iu 
point  of  Law."  This  opinion  was  given  to  the  Board,  January  10,  17()3.  It  em- 
braced the  acts  of  the  second  session,  also,  and  made  no  objection  to  any  of  these 
acts,  except  to  the  private  act,  the  title  of  which  is  given  above,  and  to  the  acts  in- 
corporating towns  (see  note  to  1762-();>,  chapter  8,  jxist).  The  report  of  Sir  Matthew 
Lamb  was  considered  by  the  Board,  January  27,  when  the  further  consideration  of 
these  acts  was  postponed  to  the  next  day,  at  which  time  the  resolution  resiiecting 
acts  incorporating  towns,  as  given  in  the  note  to  1762-63,  chapter  8,  jyost,  was  passed, 
the  further  consideration  of  chapter  ;>2  was  postjioned,  as  shown  in  the  note  to  that 
chapter,  post,  and  the  draught  of  a  representation  was  ordered  to  be  prejiared,  pro- 
posing the  repeal  of  the  private  act  aforesaid. 

Chap.  3.  The  proceedings  relating  to  the  apportionment  of  the  grant,  by  parlia- 
ment, for  reimbui-sing  a  part  of  the  expenses  of  the  campaign  of  1759,  and  to  the 
receipt  of  the  money  from  the  treasury,  are  given  in  the  note  to  1760-61,  chapter  10, 
ante.  The  following  shows  the  steps  leading  to  the  passage  of  the  present  chapter, 
and  also  the  part  that  Governor  Bernard  took  in  this  measure  for  drawing  upon  the 
Agent,  instead  of  importing  the  coin. 

'•April  7,  1761.  The  Secretary  deliver'd  the  following  Message  from  his  Excel- 
lency the  Governor  to  the  two  Houses  respectively  Viz' 

Gentlemen  of  the  Council  and  Gentleman  of  the  House  of  Representatives. 

As  there  was  no  order  made  the  last  Session  for  getting  over  the  money  allotted 
to  this  Province  from  the  last  Parliamentary  Grant,  I  have  taken  this  business  into 
my  consideration,  and  tind  so  large  a  difference  of  profit  and  loss  between  the  two 
Methods  of  doing  it  that  I  cannot  excuse  myself  stating  it  to  You.  But  I  do  not  mean 
to  Condemn  what  is  past  but  only  to  take  care  of  what  is  to  come.  Many  circum- 
stances might  recommend  the  former  method  which  do  not  now  exist,  one  of  which, 
the  difference  of  the  Value  of  exchange  is  obvious.  I  shall  onh'  consider  what  is 
best  to  be  done  now.  Supposing  the  sum  to  be  the  same  as  that  of  the  last  Year, 
the  Expence  of  bringing  over  the  Money  iu  Specie  I  shall  reckon  from  what  it  cost 
last  Year,  as  it  is  not  like  to  be  less  the  next  Year.  To  this  must  be  added  the  loss  of 
Interest  arising  from  the  different  times  of  bringing  it  into  the  Treasury.  The  last 
Years  money  arrived  here  on  the  14"^  day  of  March  last,  that  of  the  present  Year; 
if  it  be  drawn  for  may  be  got  into  the  Treasury  l)y  the  14">  of  May  next,  This  will 
make  a  difference  of  interest  for  ten  Months;  which  to  the  Treasury  which  pays 
interest  for  a  much  greater  sum  is  a  real  Loss  for  so  much  money  as  it  amounts  to. 

Thus  the  Account  of  the  Expence  and  loss  in  bringing  over  tlie  Monej'  in  specie 
will  stand, 
Difference  between   the  purchase  of   the  monej^  by  weight  and  the 

Amount  of  it  by  tale  —       to  Loss £605,  -  11 

Charges  of  freighting  the  money  &c* 129,13,  - 

Freight  of  £56.000  ®  1  s^?  cent 560,    -    - 

Insurance  as  paid 1795,  15,  6  * 

Interest  of  £58.485  being  the  sum  which  remain'd  after  the  Charges  of 

receiving  it  from  the  Treasurj'  were  deducted,  lor  ten  months    .        .      2924,  5,   - 

£6014, 14,  5. 

If  we  look  for  the  advantages  which  are  to  Ballance  this  great  Sum  we  shall  find 
them  all  imaginary;  they  are  not  of  the  Ileal  Value  of  one  shilling,  if  there  was 
an.y  want  of  Specie  for  Circulation,  it  would  be  but  a  temporary  Convenience,  and 
not  a  lasting  Gain  to  introduce  Specie,  and  the  want  must  be  great  to  justify  so 
large  a  Premium  as  10  #**  Cent,  but  when  there  is  no  want  of  Specie,  nor  like  to  be 
any,  till  this  money  is  quite  disipated.  the  Expence  &c  is  an  entire  loss  without 
even  any  Convenience  to  be  set  against  it. 

To  explain  this  let  us  suppose  that  whilst  the  Treasury  of  this  Province  has  £60,- 
000  to  receive  in  London,  some  Merchants  of  this  Town  want  to  pay  the  same  sum 
there,  If  the  Treasury  will  not  exchange  its  Credit  against  the  Debt  of  the  Mer- 
chants, each  must  freight  their  own  Money,  and  it  is  possible  that  the  same  sum 
may  l)e  going  out  and  coming  in  at  the  same  time.  The  Province  will  gain  nothing 
by  this  bitt  will  certainly  lose  the  Value  of  the  freight,  insurance  and  Interest  of 
both  sums. 

What  I  state  here  in  a  feigned  Case  of  particular  Persons  and  time,  is  actually 
true  in  the  Real  and  general  Operations  of  Trade  within  a  short  thO  indefinite  time. 
For  as  it  is  the  Nature  of  Trade  like  Water  to  bring  itself  to  a  Level,  it  is  just  the 
same  thing  whether  You  bring  a  certain  quantity  of  Specie  into  the  Province,  or 
prevent  the  like  quantity  from  going  out  of  it. 

As  therefore  the  Advantages  of  negotiating  your  money  by  Bills  are  very  plain 


542  Province  Laws. — 1761-62.  [Notes.] 

and  certain,  the  only  question  will  be  whether  it  be  practicable.  For  this  purpose 
I  haA^e  consulted  some  of  the  principal  Merchants  of  this  Town,  and  am  by  them 
assured,  that  if  the  Treasurer  should  be  inipowered  to  open  a  subscription  for  issu- 
ing London  Bills,  for  £50,  or  G0,000  —  it  would  soon  be  full.  I  have  by  me  a  list  of  a 
few  Gentlemen  who  are  ready  to  subscribe  £30,000  therefore  there  is  no  doubt  but 
that  the  rest  will  soon  be  engaged.  Not  only  the  general  emolument  but  the  par- 
ticular expediency  of  the  present  time  must  recommend  this  to  your  consideration. 

Fka  Bernard." — Council  Records, 
vol.  XXIII. ,  p.mQ. 

"April  21,  1761.  A  Bill  intituled  an  Act  for  drawing  into  the  Province  Treasury 
part  of  the  proportion  of  this  Province  share  in  the  sum  granted  by  Parliament  for 
the  Year  One  Thousand  seven  hundred  and  Fifty  nine  as  a  compensation  to  the 
Colonies  &c  having  passed  the  House  of  Representatives  to  be  engrossed. 

In  Council  Read  a  tirst  and  second  time.  And  Ordered  that  John  Erving  William 
Brattle  and  James  Bowdoin  Esq"  with  such  as  the  honourable  House  shall  join  be 
a  Committee  to  take  this  Bill  under  consideration  and  report  wliat  amendments 
they  judge  proper  to  be  made  thereon.  In  the  House  of  Representatives;  Read  and 
Concurred  and  M^  Speaker,  M""  Welles,  and  Colo  Worthington  and  M""  Foster  are 
joined  in  the  Affair. 

The  Committee  abovementioned  made  report  that  they  had  attended  the  Service, 
and  that  upon  the  most  mature  deliberation  had,  they  find  so  many  difiiculties  at- 
tending the  passing  this  Bill  at  present,  that  they  appreliend  it  is  best  that  the  far- 
ther consideration  of  it  be  referred  to  the  Session  of  the  General  Court  in  May 
next.  (Signed)    John  Erving  4f''  order. 

In  Council  Read  and  not  accepted;  and  Ordered  that  the  Bill  pass  to  be  engrossed 
as  taken  into  a  new  draft.  In  the  House  of  Representatives;  Read  and  Noncon- 
curred  and  Ordered  that  the  above  Report  be  accepted.  In  Council  Read  and  Con- 
curred."—  Ibid.,  p.  7G6. 

"July  11,  17G1.  In  the  House  of  Representatives.  Whereas  this  Court  liave 
passed  an  Act  for  drawing  Bills  of  Exchange  vipon  M^  Agent  Bollan  for  £GO,000 
Sterling.  Ordered  That  the  Secretary  write  to  him  to  apply  the  Grant  of  1759  to  the 
payment  of  of  such  Bills,  if  he  shall  not  before  have  Shipped  it  in  Silver  or  Gold. 
And  if  he  shall  have  shipped  it,  then  to  apply  the  Provinces  Pro])ortion  of  the 
£200,000  —  granted  for  17(iO  to  the  payment  of  such  Bills.  In  Council  Read  and 
Concurred    Consented  to  by  the  Governor." — Ibid.,  vol.  XXIV.,  p.  93. 

Chap.  6.  "  Jan.  9,  1750.  A  Petition  of  the  Town  of  Rehoboth— Sign'd  Ezekiel 
Reed  Town  Clerk —  Setting  forth  the  Inconveniences  that  attend  the  supporting  the 
Gospel  in  two  distinct  Congregations  while  they  act  as  one  body  in  raising  money  for 
that  purpose.  And  praying  that  said  Town  may  be  divided  into  two  distinct  Pre- 
cincts by  certain  Metes  and  Bounds  as  set  forth  in  said  Petition,  and  that  the  Min- 
isterial Lands  belonging  to  said  Town  be  equally  divided  between  the  two  Precincts; 
the  Inhabitants  of  the  proposed  first  or  West  Precinct  agreeing  to  pay  to  the  East 
precinct  the  Sura  of  Three  pounds  annually  for  the  term  of  fifteen  years  from  and 
after  their  settling  a  Minister  in  the  East  Precinct. 

In  the  House  of  Representatives  Read:  And  whereas  it  has  been  found  by  expe- 
rience that  the  maintaining  the  Gospel  Ministry  in  the  Westerly  and  Easterly  parts 
of  the  Town  of  Rehoboth  in  two  distinct  and  seperate  Congregations  while  the  In- 
habitants have  acted  together  as  oni^  Precinct  in  raising  money  for  that  purpose  has 
occasioned  great  difficulties  in  said  Town.  To  jirevent  the  same  for  the  future  It  is 
resolved  and  Ordered  That  the  said  Town  of  Rehoboth  be,  and  the  same  hereby 
is  divided  into  two  distinct  and  seperate  Precincts  by  the  following  divisional  Line, 
which  shall  be  deemed  the  Boundaiy  Line  lietween  the  said  two  Precincts  viz' 
beginning  at  the  Brick  School  house  standing  at  the  Parting  of  the  Roads  near  the 
Dwelling  House  of  Capt"  Daniel  Hunt,  from  thence  to  go  in  the  Country  Road; 
Southerly  that  leads  towards  Kelly's  Ferry;  until  it  comes  so  far  Southerly  as  the 
said  Hunts  Land  bounds  on  the  said  Road ;  then  running  Southwesterly  with  the  said 
Hunts  Land  until  it  comes  to  the  Saltwater;  Then  again  beginning  at  the  said 
Brick  Schoolhouse,  and  running  with  the  Highway  going  North  easterly  along  by 
the  House  of  Ebenezer  Allen,  and  the  House  where  Joseph  Peck  deceased  dwelt,  and 
on  that  Road  to  the  House  of  Capt"  Thomas  Peck,  and  by  the  House  of  Ephraim 
Hunt,  and  so  Northerly  on  the  same  Road  until  it  comes  to  Palmers  River  old  Road; 
then  crossing  that  Road,  and  running  Northerly  on  a  Strait  Line  to  the  West  cor- 
ner of  the  Land  of  Andrew  Carpenter  near  his  House  where  the  Roads  meet,  then 
taking  the  Road  that  leads  to  Thomas  Allen's  House  at  the  Southeast  corner  of  his 
Homestead  Land,  being  the  Southwest  corner  of  the  Homestead  Land  of  Josiah 
Cushing;  then  running  Northerly  &  Easterly  in  the  Bounds  of  said  Aliens  and  Cush- 
ings  Land  until  it  Comes  to  the  Highwa.y  going  Northerlj',  then  taking  that  High- 
way going  Northerly  until  it  comes  to  the  Highway  going  Easterly  over  the  long 
dam  (so  called)  and  going  Easterly  on  that  Highway  till  it  comes  to  the  Road  near 
the  Dwelling  House  of  Peter  Milierd,  and  then  running  Northerly  in  That  highway 
leading  to  the  Southend  of  Long  Hill,  and  running  Northerly  upon  Long  Hill  in  the 
Highway  to  the  House  of  Josiah  Ide;  from  thence  running  Northerly  on  a  Strait 
Line  to  a  great  Rock  being  the  Bounds  between  Rehoboth  and  Attleborough;  it  being 
the  Bounds  or  Corner  of  the  West  and  East  i^recinct  in  said  Attleborough,  the  said 
Joseph  Ide  to  belong  to  the  East  Precinct. 

That  all  the  Lands  lying  Westerly  of  said  Divisional  Line  being  the  old  part  of  the 
Town  shall  be  denominated  the  first  Precinct,  and  the  Lands  lying  Easterly  of  said 
Line  the  second  Precinct. 

That  the  Inhabitants  of  each  of  the  said  Precincts  be  and  hereby  are  invested  with 
all  the  Powers  and  PriviJeges,  and  subjected  to  all  the  Duties  that  Precincts  in  this 
Province  by  Law  are  invested  with  and  Subjected  to. 


[Notes.]  Province  Laws.— 1761-62.  543 

And  That  all  the  Ministerial  Revenues  arising  from  all  and  any  Lands  lying  in 
any  part  of  said  Town  of  Rehoboth  heretofore,  sequestered  to  the  use  of  the  Ministry 
in  said  Town,  being  Lots  of  Land  laid  out  in  all  the  several  Divisions  of  Upland  and 
Meadows  on  the  Pastors  and  Teachers  Rights  (so  called  in  the  Draughts  of  said  Di- 
visions) shall  forever  hereafter  be  equally  divided  betwixt  the  said  two  Precincts. 

And  it  is  further  ordered  That  the  Inhabitants  of  the  said  first  or  West  Precinct  of 
Rehoboth  pay  out  of  their  Treasury  to  the  Inhabitants  of  the  said  Second  or  East 
precinct  the  Sum  of  Three  pounds  annually  for  the  Terra  of  fifteen  years  from  and 
after  their  settling  a  Minister  in  said  East  Precinct.  In  Council  Read  and  Con- 
curred.   Consented  to  bv  the  Governor." — Coxnicil  Records,  vol.  XXn.,j).  41)0. 

"March  28,  1760,  A  Petition  of  Daniel  Carpenter  and  Others,  Coruinittee  of  the 
first  and  second  Precinct  in  Rehoboth  —  Setting  forth  That  the  Lands  Originally  de- 
signed for  the  use  of  the  ministry  in  said  Town  containing  about  470  Acres,  were  laid 
out  in  distinct  Lots  in  the  several  Divisions  of  Lands  in  said  Town  and  that  few  of 
them  be  Commodious  for  the  ministers  Improvement,  and  but  little  Improvement 
has  been  yet  made  or  is  like  to  be  made  by  them  for  the  future  as  the  Lauds  lye, 
And  Praying  that  they  may  be  impowered  to  sell  such  part  of  said  Lands  as  they 
shall  Judge  best,  and  vest  the  Produce  thereof  in  other  Real  Estate. 

In  the  House  of  Representatives  Voted  That  the  Prayer  of  this  Petition  be  grant- 
ed. And  that  the  within  mentioned  two  Precincts  by  their  Committee  which  they 
shall  hereafter  appoint  for  that  purpose  be,  and  they  hereby  are  impowered  to  make 
Sale  of  the  within  mentioned  Lands  as  the  said  Precincts  shall  Judge  most  for  their 
Advantage,  and  to  execute  a  good  Deed  or  Deeds  according  to  Law  for  the  same, 
They  first  Observing  the  directions  of  the  Law  for  the  Sale  of  Real  Estates  by  Exec- 
utor's and  Administrators  The  proceeds  of  said  Sale  to  be  laid  out  for  the  purchasing 
other  Real  Estate,  which  shall  be  Appropriated  for  the  same  use  as  the  Lands  which 
by  this  Order  are  allowed  to  be  sold  were.  In  Council  Read  and  Concurred  Con- 
sented to  by  the  Governor." — Ibid.,  vol.  XXIII.,  i^.  313. 

"  June  lii,  1761.  A  Petition  of  Thomas  Carpenter  and  Others,  a  Committee  of  the 
second  Precinct  in  Rehoboth  —  Setting  forth  —  That  in  answer  to  a  Petition  of  the  1^' 
and  2<i  Precincts  in  Rehoboth,  the  said  Town  were  allowed  and  impowered  by  the 
Great  and  General  Court  to  make  Sale  of  the  Lands  in  said  Town  originally  de- 
signed for  the  use  of  the  Ministry,  the  proceeds  thereof  to  be  vested  in  other  Real 
Estate  for  the  same  use.  That  the  said  Lands  were  sold  accordingly,  and  the  Sec- 
ond Precincts  share  of  the  amount  is  Six  hundred  pounds.  That  said  Precinct  find  it 
difficult  to  raise  money  by  a  Tax  for  the  sujiport  of  the  Ministry,  as  there  are  a  num- 
ber of  Anabaptists  living'therein;  whereupon  a  .subscription  was  set  on  foot,  and  four 
hundred  pounds  more  raised  thereby  to  be  added  to  the  Six  hundred  pounds  above- 
mentioned,  which  sum  of  One  Thousand  pounds  they  pray,  they  may  be  enabled  to 
let  out  at  Interest  for  the  support  of  the  Gospel  Ministry  in  said  second  Precinct. 

Upon  which  Petition  a  Bill  was  allowed  to  be  brought  in." — Ibid.,  vol.  XXIV.,  p.  5i. 

See,  also,  chapter  30,  post,  and  note, 

Chap.  7.  "  April  4,  1761.  A  Petition  of  Elijah  Smith,  and  Jonathan  Bardwell  of 
Coldspring  a  Committee  appointed  by  the  Inhabitants  of  said  Place  —  Praying  that 
the  Plantation  in  which  there  are  now  forty  five  Families  may  be  erected  into  a 
Town. 

In  the  House  of  Representatives  (3d  April)  Read  and  Ordered  That  M^  Belcher 
and  Mr  Foster  with  such  as  the  honourable  Board  shall  join  be  a  Committee  to  con- 
sider and  report  what  may  be  proper  for  this  Court  to  do  upon  this  Petition.  In 
Council,  Read  and  Concurred  and  John  Hill  Esq''  is  joined  in  the  Affair."— Council 
Records,  vol.  XXin.,p.  692. 

"  April  16,  1761.  A  Petition  of  Elijah  Smith  &c  of  Coldspring,  Praying  as  entered 
the  4"'  Instant  that  said  Plantation  may  be  erected  into  a  Town,  In  Council  Read 
again  together  with  the  Report  of  the  Committee  then  appointed  to  consider  the 
same  wliich  Report  was  Accepted. —And  Ordered  That  the  Petitioners  have  leave 
to  bring  in  a  Bill  accordingly.    Sent  down  for  Concurrence."— /tuL,  p.  736. 

See,  also,  note  to  chap.  9,  post. 

Chap.  8.  "  Nov.  20, 1761.  A  Petition  of  Abraham  Hill  in  behalf  of  the  Town  of 
Shutesbury  Praying  for  a  Tax  of  three  half  pence  (^.^  Acre  on  the  Lands  of  the 
Nonresident  Proprietors  for  the  term  of  seven  years  to  assist  the  said  Town  in  their 
Infant  State  in  laying  out  Publick  Roads,  and  finishing  their  Meeting  House. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Petitioners  notify 
the  Nonresident  Proprietors  of  the  Prayer  of  this  Petition,  by  inserting  the  sub- 
stance thereof  in  one  of  the  Boston  News  Papers  three  weeks  successively  together 
with  the  order  of  Court  thereon  that  so  they  shew  cause  (if  any  they  have)  on  the 
second  Wednesday  of  the  next  sitting  of  this  Court  why  the  Prayer  thereof  should 
not  be  granted.  In  Council  Read  and  Concurred." — Council  Recoi'ds,  vol.  XXIV., 
p.  149. 

"  Jan.  27,  1762.  A  Petition  of  Abraham  Hill  at  the  request  of  the  Town  of 
Shutesbury  Praying  for  a  Tax  on  the  Lands  of  the  Nonresident  Proprietors  for 
finishing  the  Meeting  House  aiad  making  of  Public  Roads,  as  entered  26  Novem- 
ber last. 

In  Council  Read  again  and  it  appearing  that  the  Petitioners  had  given  out  Notifi- 
cations pursuant  to  the  order  of  Court,  and  no  Answer  being  made  Ordered  That  there 
be  a  Tax  of  one  peny  4^  Acre  assessed  and  levied  for  the  purposes  in  said  Petition 
mentioned  on  the  unimproved  Lands  within  said  Town  of  Shutesbury  for  the 
term  of  Seven  Years  ;  and  the  Assessors  and  Constables  or  Collectors  in  said 
Shutesbury  be  and  they  hereby  are  respectively  authorized  and  impowered  to  as- 
sess and  collect  the  same.  In  the  House  of  Representatives  Read  and  Concurred. 
Consented  to  by  the  Governor."— /6id.,  p.  205. 


544  Province  Laws.— 1761-62.  [Notes.] 

"  Feb.  8,  17fi3.  A  Petition  of  Abraham  Hill,  at  the  desire  and  by  appointment  of 
the  Town  of  Shutesbury  —  Praying  an  Explanation  of  a  Vote  of  the  General  Court 
in  January  17()2  granting  a  Tax  of  one  penny  ^  Acre  on  the  unimproved  Lauds  in 
said  Town.  In  the  House  of  Representatives,  Whereas  by  a  Vote  of  the  Assembly 
of  the  27'h  of  January  1762  in  Answer  to  the  Petition  of 'M""  Abraham  Hill  in  be- 
half of  the  Town  of  Shutesbury.  It  is  ordered  that  there  be  a  Tax  of  one  peny 
1^  Acre  assessed  and  levyed  for  the  purposes  in  said  Petition  mentioned  on  the 
unimproved  Lands  within  said  Town  of  Shutesbury  fer  the  term  of  seven  years, 
and  that  the  Assessors  and  Constables  in  said  Shutesbury  be  and  they  hereby  are 
respectively  Authorized  and  impowered  to  assess  and  collect  the  same.  And 
Whereas  it  hath  been  moved  to  this  Court  that  in  order  to  avoid  any  possible  diffi- 
culty or  misconstruction  of  the  said  order  that  might  arise  for  the  want  of  any  ex- 
press provision  that  the  said  Tax  should  be  annual  lor  each  of  the  said  seven  years 
as  was  originally  intended  ;  and  thro  a  deficiency  of  Power  by  virtue  of  said  order 
to  the  Assessors  and  Constables  or  Collectors  that  may  be  annually  chosen  during 
said  term.  Therefore  Ordered  That  tlie  said  Tax  of  one  penny  #*"  Acre  on  the  un- 
improved Lands  in  said  Shutesbury  be  so  understood  to  be  an  annual  Tax  of  said 
sum  on  said  Lands  for  each  and  every  of  the  said  seven  years,  and  that  the  As- 
sessors of  the  said  Town  for  each  of  the  said  years  respectively  are  hereby  impow- 
ered and  ordered  to  assess,  and  the  Constables  or  Collectors  for  each  of  said  years 
respectively  to  collect  the  same  annually  during  said  term.  In  Council  Read  and 
Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  558. 

Chnp.  fl.  "  June  \.  1762.  A  Petition  of  Isaac  Vandusen  and  others,  Inhabitants  of 
Great  Barrington,  Setting  forth,  That  altho  they  have  in  the  Infaucy  of  the  place 
and  for  25  Years  past  assisted  in  the  Support  of  an  English  Minister  in  the  said 
Town,  j'^et  inasmuch  as  the  Dutch  is  their  Mother  tongue,  and  they  do  not  perfectly 
understand  the  English  Language,  they  have  likewise  from  time  to  time  jiaid  large 
sums  to  a  Lutheran  Minister  to  preach  and  administer  the  Sacraments  to  them, 
And  as  the  Inhabitants  are  now  so  encreased  in  numbers  as  that  the  English  are 
themselves  able  to  support  an  English  Minister — Praying  that  they  and  their  Fanii- 
lies  may  be  exempted  from  paying  any  longer  towards  the  Support  of  such  English 
Minister.  In  the  House  of  Representatives  Read  and  Ordered  That  the  Petitioners 
serve  the  Clerk  of  the  Town  of  Great  Barrington  with  a  copy  of  this  Petition  that 
so  they  shew  cause  (if  any  they  have)  on  the  second  Friday  of  the  next  Sitting  of 
this  Court  why  the  Prayer  thereof  should  not  be  granted. 

In  Council  Read  and  Nonconcurred  and  Ordered  That  this  Petition  be  dismissed. 

In  the  House  of  Representatives  Read  and  Nonconcurred  and  the  House  insist 
upon  their  own  Vote. 

In  Council  Read  and  Nonconcurred." — Council  Records,  vol.  XXIV.,  p.  390. 

Chap.  11.  "April  8,  1761.  A  Petition  of  Benjamin  Lincoln  Esq''  and  M''  Joshua 
Hearsey  in  behalf  of  the  Town  of  Hingham  —  Setting  forth  —  That  the  said  Town  of 
Hingham  hath  been  at  great  Expence  in  Opening  a  Water  passage  for  the  Fish 
called  Alewives  from  the  Sea  into  Accord  Pond,  which  is  wholly  within  the  bounds 
of  said  Town,  And  Praying  that  said  Town  of  HinghaTu  may  be  enabled  by  Law  to 
determine  upon  sucli  Regulations  with  regard  to  said  Fish,  as  may  be  most  likely 
to  ensure  the  benefit  they  expect  from  them. 

In  Council  Read  and  Ordered  that  the  Petitioners  have  leave  to  bring  in  a  Bill 
for  the  purposes  mentioned.  In  the  House  of  Representatives  ;  Read  and  Con- 
curred."— Coinicil  Records,  vol.  XXIII..  p.  705. 

"  April  16,  1761.  A  Petition  of  Benjamin  Lincoln  Esq""  and  M'  Joshua  Hearsey 
of  Hingham  Praying  that  some  Provision  may  be  made  for  the  preservation  of  the 
Fish  called  Alewives  in  said  Town,  and  for  regulating  the  taking  the  same. 

In  Council  Read  and  Ordered  That  the  Petitioners  have  leave  to  bring  in  a  Bill 
for  the  purposes  mentioned  in  the  Petition.  In  the  House  of  Representatives  Read 
and  Concurred." — Ibid.,  p.  739. 

Chap.  13.  "  June  27,  1761.  A  Petition  of  Ebenezer  Roby  and  Others,  Inhabitants 
and  Freeholders  of  and  belonging  to  the  East  Church  and  Congregation  in  the 
Town  of  Sudbury— Setting  forth.  That  they  are  now  destitute  of  a  Gospel  Minister, 
And  Praying— That  they  may  be  enabled  to  contract  with  one,  the  charge  and  set- 
tling and  paying  said  Minister  to  be  paid  by  the  whole  Town  ;  they  being  willing 
that  the  West  Church  and  Congregation  should  have  the  like  priviledge  when  there 
shall  be  occasion. 

In  the  House  of  Representatives  ;  Read  and  Ordered  That  the  Petitioners  serve 
the  Clerk  of  the  Town  of  Sudbury  with  a  copy  of  this  Petition  that  so  the  said 
Town  shew  cause  (if  any  they  have)  on  Thursday  the  second  day  of  July  why  the 
Prayer  thereof  should  not  be  granted.  In  Council  Read  and  Concurred." — Council 
Records,  vol.  XXIV.,  jy.  73. 

Chap.  15.  "  Nov.  28,  1761.  In  the  House  of  Representatives  ;  Resolved  that  the 
Province  Treasurer  be  directed  not  to  borrow  any  money  for  the  Service  of  the 
Province  till  the  next  Sitting  of  this  Court.    In  Council  Read  and  Concurred." — 

Council  Records,  vol.  XXIV.,  j}-  171. 

Chap.  17.  "  Jan.  13,  1761.  A  Petition  of  the  Inhabitants  of  the  Town  of  Med- 
field  Setting  forth — That  the  said  Town  by  Mistake  have  been  over  Taxed  in  every 
Year  from  1752  to  1759,  inclusive,  that  by  meer  mistake  in  the  Committee  that  made 
the  Valuation  for  the  said  Year  1752,  the  proportion  of  Dedham  was  taken  for  that 
of  Medfield  and  that  of  Medtield  for  Dedham,  that  the  Court  of  Sessions  are  now 


[Notes.]  Province  Laws. — 1761-62.  545 

very  Sensible  of,  and  have  correctetl  it  in  their  Valuation  for  the  Year  1760,  but 
doubts  are  started  touching  their  Correcting  the  former  Years— Praying  the  Court 
of  General  Sessions  of  the  Peace  may  be  enabled  in  the  next  County  Tax  to  Assess 
such  sums  on  the  said  Town  of  Dedham  to  be  paid  to  the  Town  of  Medfleld,  as  it 
shall  Appear  they  liave  overpaid  and  Dedham  paid  short  in  the  Years. 

In  the  House  of  Representatives  ;  Read  and  Resolved  that  the  Prayer  of  this  Pe- 
tition be  granted,  and  that  the  Court  of  General  Sessions  of  the  Peace  for  the  said 
County  of  Suffolk  be  and  hereby  are  impowered  and  directed  in  their  next  County 
rate  to  Assess  the  Town  of  Dedham  so  much  as  it  shall  appear  to  thera  that  the 
same  hath  been  undertaxed  in  the  several  Years  within  mentioned,  and  to  Cause 
the  sums  that  it  shall  Appear  to  them  that  the  said  Town  of  Medfield  hath  paid  in 
the  same  Years  above  its  just  proportion  to  be  refunded  to  tliem  out  of  the  Tax  to 
be  laid  on  the  said  Town  of  Dedham.  In  Council  Read  and  Concurred  Consented 
to  by  the  Governor." — Council  Rzcords,  vol.  XXIIT.,  }).  595. 

"  July  11,  17G1.  In  the  House  of  Representatives,  "Whereas  the  sum  of  Ninety 
three  pounds  six  shillings  and  four  pence  is  by  Law  to  be  assessed  this  Year  upon 
the  Town  of  Stockbridge  the  luliabitanrs  of  which  are  chiefly  Indians,  and  in  fixing 
said  sum  upon  said  Town,  the  Indians  there  were  not  considered  either  for  their 
Polls  or  Estates  as  chargeable  with  any  part  of  said  Tax.— 

Resolved  That  the  whole  of  said  sura  bo  assessed  upon  the  Inhabitants  of  said 
Town  exclusive  of  Indians.  In  cO\incil  Read  and  Concurred  Consented  to  by  the 
Governor." — Ibid.,  vol.  XXIV.,  p.  92. 

"Nov.  24,  1761.  A  Petition  of  John  Murriy  Esq'' of  Rutland  in  behalf  of  said 
Town — Setting  forth  That  in  January  last*  an  order  passed  the  General  Court  for 
remitting  the  sum  of  £;jl.l.7  to  the  District  of  Prince  Town  (formerly  a  part  of  Rut- 
land) and  adding  the  said  sum  to  the  Town  of  Rutlands  Tax  the  present  Year, 
which  was  to  the  injury  of  the  said  Town,  as  in  the  Year  1760,  they  were  Assessed 
the  full  proj3ortion  set  on  said  Town  before  Prince  Town  was  taken  off  from  thera, 
althu  they  were  thus  set  off  in  the  Year  1759.     And  Praying  Relief. 

In  the  House  of  Representatives  Voted  Tliat  the  Prayer  of  this  Petition  be  so  far 
granted  as  that  the  sum  of  Thirty  one  pounds  one  shilling  and  sevenpence  laid 
upon  the  Town  of  Rutland  the  j^resent  Year  over  and  above  their  proportion  of 
their  Taxes  be  remitted  to  said  Town  of  Rutland,  and  that  the  same  be  added  to 
the  Province  Tax  tliat  shall  be  laid  on  the  District  of  Prince  Town  for  the  Year 
1762.  In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid., 
p.  133. 

"  Nov.  26, 1761.  In  the  House  of  Representatives;  On  a  Motion  made  by  the  Rep 
resentatives  of  Needham  and  seconded— Ordered  Tliat  the  sum  of  Five  shillings  and 
eight  pence  three  farthings  be  paid  by  the  Town  of  Needham  to  a  thousand  jiounds 
over  and  above  what  they  were  set  at  in  the  Settlement  of  Valuation,  which  makes 
the  sum  of  twenty  one  pounds,  nine  shillings  and  eight  pence  one  farthing  to  the 
present  Tax  over  and  above  vviiat  they  are  assessed  at,  and  that  said  sum  be  taken 
from  the  present  Tax  laid  upon  the  Parish  of  Natiek,  and  added  to  the  Town  of 
Needham,  and  that  the  Assessors  of  Needham  be  directed  to  assess  said  sum  accord- 
ingly with  the  present  Tax  laid  on  said  Town.  In  Council  Read  and  Concurred 
Consented  to  by  the  Governor."— J&kZ.,  p.  148. 

"  Fob.  2,  1762.  A  Petition  of  Nathaniel  Smith  and  Others,  Selectmen  of  the  Town 
of  Sunderland— Setting  forth.  That  tlie  Tax  laid  upon  them  in  the  last  Valuation  so 
far  exceeds  that  of  other  Towns,  exceeding  in  particular  that  of  the  Town  of  Deer- 
field,  that  they  ajiprehend  there  must  be  some  great  mistake  therein,  And  Praying 
Relief.  In  the  House  of  Representatives  Read  and  in  Answer;  Ordered  That  the 
Assessors  of  said  Town  of  Sunderland  instead  of  assessing  the  sum  of  Two  hundred 
and  seven  pounds  five  shillings  and  live  pence  set  upon  the  present  Year  (including 
Representatives  Pay)  that  tliey  assess  only  the  sura  of  One  hundred  and  thirty  two 
pounds,  five  shillings  and  five  pence  inclusive  of  their  Representatives  Pay  as  afore- 
said. In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— /6zd., 
p.  222. 

"  Feb.  16, 1762.  A  Petition  of  the  Selectraen  of  the  Town  of  Brooklyn,  Setting  forth 
That  by  a  mistake  in  the  late  Valuation  the  said  Town  of  Brooklyn  is  overrated  to 
the  Province  Tax,  And  Praying  Relief. 

In  the  House  of  Representatives  Read,  and  in  Answer  Ordered  That  the  Assess- 
ors of  the  said  Town  of  Brooklyn  insteail  of  assessing  the  sura  of  Three  hundred  and 
Sixty  one  pounds  five  shillings  set  uiion  thera  the  present  Year,  that  they  assess 
only  the  sum  of  Two  hundred  and  fifty  three  pounds,  fifteen  shillings:  the  Assessors 
of  said  Town  having  raade  a  mistake  in  returning  the  sum  total  of  their  rents  in  the 
Column  of  '  Rents  received,'  and  their  rents  '  received '  in  the  Coluran  for  the  sum 
total  of  Rents,  In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— 
Ibid., p.  2m. 

"  Feb.  16,  1762;  In  the  House  of  Representatives;  Whereas  it  is  found  that  by  rais- 
take  the  Towns  of  Brooklyn  and  Sunderland  in  the  last  valuation  had  more  than 
their  just  proportion  set  upon  them,  Therefore  Ordered  That  the  said  Towns  Prov- 
ince Tax  to  a  thousand  pounds  'till  the  further  order  of  this  Court  be  as  follows  viz' 
Brooklyn  Three  pounds,  seven  shilling  and  eight  pence  one  farthing.  Sunderland 
One  i)ound  thirteen  shillings  and  two  pence.  In  Council  Read  and  Concurred  Con- 
sented to  by  the  Governor."— /^ju?.,  p.  261. 

See,  also,  as  to  abatement  of  taxes  on  Gardner's,  or  Roxbury,  Canada  (Warwick), 
and  No.  4,  (Becket),  1763-64,  chapter  10,  post. 

Chap.  18.  "  June  2,  1761.  A  Petition  of  Joseph  Foster,  Agent  for  the  Inhabitants 
of  Ware  River  Parish— Praying  they  may  be  invested  with  the  Priviledges  of  a 
Town  or  District, 

*  See  note  to  1759-60,  chapter  6. 


546  Peovince  Laws.— 1761-62.  [Notes.] 

In  the  House  of  Representatives ;  Ordered  that  the  Petitioner  notify  the  Nonresi- 
dent Proprietors  of  the  Lands  in  said  Parisli  with  a  copy  of  tliis  Petition  together 
with  tliis  Order,  hy  inserting  tlie  substance  thereof  in  one  of  the  Boston  News  Pa- 
pers three  weeks  successively,  tliat  so  they  shew  cause  if  any  they  have,  on  tlie  first 
Thursday  of  the  next  sitting  of  tliis  Court  why  the  Prayer  thereof  should  not  be 
granted.    In  Council  Read  and  Concurred." — Council  JiecorcU,  vol.  XXIV.,  p.  16. 

"  Nov.  17,  1761.    A  Petition  of  Joseph  Foster  Praying  as  entered  2^  June  last. 

In  Council  Read  again,  and  it  appearing  that  the  Petitioners  had  pursued  the  or 
ders  of  Court  with  regard  to  Notification.  Ordered  that  the  Petitioners  have  liberty 
to  bring  in  a  Bill  for  erecting  the  Parish  of  Ware  River  into  a  District.  In  the 
House  of  Representatives  Read  and  Concurred." — Ibid.,  p.  lOS). 

Chap.  20.  "  June  4,  1761 .  A  Petition  of  Samuel  Adams  Clerk  of  the  Proprietors 
of  a  certain  Tract  of  undivided  Land  containing  nineteen  thousand  Acres  lying  on 
the  Western  side  of  Kennebunk  River  in  the  County  of  York  called  Phillipstown — 
Setting  forth— That  the  said  Proprietors  at  their  Meeting  legally  called  and  held  the 
1^'  of  June  Instant  did  unanimously  agree  that  in  order  to  the  effectual  Settlement 
of  said  Land  it  was  necessary  to  make  division  of  the  whole,  that  so  each  may  know 
and  possess  their  respective  Rights  in  severalty  But  that  so  it  hath  happened  as  ap- 
pears by  their  Votes,  that  in  the  Year  1730.  a  division  was  made  of  two  Thousand 
Acres  thereof  into  forty  Lots  of  Fifty  Acres  5ach,  and  the  Proprietors  severally 
drew  their  Lots,  but  no  possession  was  ever  taken  of  any  of  said  Lots,  nor  is  the 
Plan  of  said  division  (if  in  being)  anywhere  to  be  found,  so  that  the  Proprietors  are 
utterly  at  a  loss  to  know  where  said  divided  part  lies,  and  of  consequence  are  pre- 
vented makeing  division  of  the  whole  (as  they  are  desirous  of  doing)  or  even  any 
part  of  it.  And  Praying  that  the  division  made  in  1730,  as  aforesaid  may  be  made 
null  and  void. 

In  Council  Read  and  Ordered  That  the  Prayer  of  the  Petition  be  granted.  And  that 
the  Petitioner  have  leave  to  bring  in  a  Bill  accordingly.  In  the  House  of  Repre- 
sentatives Read  and  Concurred." — Council  Records,  vol.  XXIV.,  p.  20. 

"  July  9,  1761.  A  Bill  intituled  '  An  Act  to  auul  a  division  heretofore  made  by  the 
Proprietors  of  common  and  undivided  Lands  in  a  place  called  Phillips  Town  in  the 
County  of  York,'  having  passed  in  Council  to  be  engrossed. — In  the  House  of  Repre- 
sentatives Read,  and  Ordered  That  the  consideration  of  this  Bill  be  referred  till  the 
next  Sitting  of  this  Court,  and  that  in  the  mean  time  Samuel  Adams,  Clerk  to  the 
Proprietors  of  Phillips  Town  insert  the  substance  of  this  Bill  in  one  of  the  Boston 
News  Papers  three  weeks  successively;  also  post  the  same  up  in  some  public  place 
in  said  Plantation  of  Phillips  Town,  that  so  any  persons  concerned  may  shew  cause, 
(if  any  they  have)  at  the  ne.xt  Sitting  of  this  Court  why  the  said  Bill  should  not  pass 
into  a  Law —    In  Council  Read  and  Concurred." — Ibid.,  p.  86. 

"  Nov.  26,  1761.  A  Bill  intituled  '  An  Act  to  annuU  a  division  heretofore  made  by 
the  Proprietors  of  common  and  undivided  Lands  in  a  place  called  Phillipstown  in 
the  County  of  York,  having  l)een  twice  read  in  Council  the  last  Session:  The  Board 
resuming  the  consideration  of  this  Bill,  and  it-appearing  that  Public  notice  of  the 
substance  thereof  had  been  given  in  the  Public  news  Papers  agreeable  to  order  of 
Court.  Read  again  and  passed  to  be  engrossed.  In  the  House  of  Representatives 
Read  three  several  times  and  Concurred." — Ibid.,  p.  143. 

Chap.  21.  "Nov.  17,  1761.  In  Council  Ordered  That  Peter  Oliver  and  Harrison 
Gray  Esq'^  with  such  as  the  honorable  House  shall  join  be  a  Committee  to  bring 
in  a  Bill  in  addition  to  the  Act  for  suppressing  of  Robberies  and  As.sauits. 

In  the  House  of  Representatives  Read  and  Concurred  and  Cap'  Goklthwait,  M"" 
Otis  and  M^  Paine  are  joined  in  the  Affair." — Council  Recordx,  vol.  XXIV.,  p.  106. 

"Nov.  23,  1761.  John  Winslow  Esq""  from  the  House  of  Representatives  came 
up  to  the  Board  with  a  Message  to  desire  that  the  Committee  appointed  to  bring  in 
a  Bill  for  suppressing  Robberies  and  Assaults  may  sit  forthwith. 

In  Council  Ordered  That  Thomas  Flucker  Esq"^  be  of  the  Committee  for  bringing 
in  a  Bill  for  suppressing  Robberies  and  Assaults  in  the  room  of  Peter  Oliver  Esq'' 
who  is  absent." — Ibid.,  p.  128. 

"Nov.  25,  1761.  A  Petition  of  Edward  Hartwell  Esq''  and  others  Representa- 
tives of  sundry  Towns  in  the  County  of  Worcester,  Setting  forth  Tliat  three  tran- 
cient  persons  have  been  lately  committed  to  his  Majesty's  Goal  in  the  Connty  of 
Worcester,  where  they  must  remain  till  September  next  for  trial,  and  much  longer 
in  case  of  conviction.  Therefore  Praying  that  the  charge  of  the  said  Persons  Sup- 
port may  be  borne  by  the  Public,  or  that  a  special  Court  may  be  appijinted  to  try 
them  sooner. 

In  the  House  of  Representatives  ;  Read  and  Ordered  That  this  P(^tition  l)e  com- 
mitted to  the  Gentlemen  of  both  Houses  appointed  to  bring  in  a  Bill  for  the  Sup- 
pression of  Robberies  Assaults  fee".  In  Council  Read  and  Concurred." — Ibid., 
p.  140. 

Chap.  23.  "Jan.  13, 1762.  His  Excellency  Sir  Jeffery  Amherst  has  dismissed  all 
your  Troops  excepting  two  Parties  amovmting  to  less  than  three  hundred  Men  each, 
at  Halifax  and  Crown  Point,  as  the  Rolls  are  now  ]n-eparing  for  the  payment  of  the 
whole  Regiments  to  the  time  of  the  making  the  detachments.  You  will  take  care 
that  the  Treasury  be  properly  sujiplied:  For  which  purpose  the  Treasurer  shall  lay 
a  state  of  it  before  You." — Extract  from  speechof  the  Governor  to  both  Houses:  Coun- 
cil Records,  vol.  XXIV.,  p.  176. 

"  Jan.  14,  1762.  In  the  House  of  Representatives  Ordered  That  INP  Speaker  Col" 
Phillips,  M''  Hatch,  M''  Otis  and  Cap'  Livermore  with  such  as  the  honourable  Board 
shall  join  ))e  a  Committee  to  take  the  first  Paragraph  of  his  Excellency's  Speech 
under  consideration  and  make  report. 


[Notes.]  Pbovince  Laws.— 1761-62.  547 

In  Council  Read  and  Concurred  :  and  the  hon'''«  Thomas  Hutchinson  Esq''  John 
Erving,  William  Brattle  and  James  Bowdoiu  Esq>'s  are  joined  in  the  affair." — Ibid., 
p.  178. 

"  Feb.  9,  1762.  I  have  before  me  a  Bill  for  supplying  the  Treasury  with  the  sum 
of  Twenty  five  Thousand  pounds,  in  which  there  is  a  Provision  made  for  paying 
the  Principal  sum,  but  none  of  the  interest,  which  amounts  to  five  Thousand 
pounds,  I  must  therefore  recommend  to  You  to  provide  for  the  discharge  of  the  in- 
terest, as  well  as  the  Principal  in  the  body  of  the  Bill." — Extract  from  message  of 
the  Governor  to  the  House  of  Representatives :  ibid.,  p.  243. 

Chap.  24.  "Feb.  5,  1762.  According  to  Agreement  the  two  Houses  proceeded  to 
the  choice  of  Civil  Oflficers  the  present  Year,  when  the  Underwritten  Persons  were 
chosen  Collectors  of  Excise  on  Spirituous  Liquors  &c.  for  the  several  Counties 
hereafter  mentioned  by  a  Major  Vote  of  the  Council  and  House  of  Representatives. 

County  of  Suffolk M"-  Thomas  Fletcher 

County  of  Middlesex M^  John  Remington 

County  of  Essex Daniel  Epes  Esq"' 

County  of  Hampshire M^  Solomon  Stoddard 

County  of  Worcester Gardner  Chandler  Esq^ 

County  of  Plymouth M''  John  Cushing  jun"" 

County  of  Barnstable Nath'  Stone  Esq^ 

County  of  Bristol M"-  Seth  Williams 

County  of  York M'  Daniel  Clark 

Dukes  County M''  James  Allen  jun"" 

County  of  Nantucket Obed  Hussey  Esq'' 

County  of  Cumberland M''  Theophilus  Bradbury 

County  of  Lincoln Charles  Cushing  Esq"" 

County  of  Berkshire M""  Elisha  Jones  jun"" 

Consented  to  by  the  Governor." — Council  Records,  vol.  XXIV.,  p.  2:51. 
"  June  5, 1762.  A  Petition  of  Barnabas  Lothrop  of  Barnstable — Setting  forth  That 
as  Underkeeper  of  his  Majesty's  Goal  in  the  County  of  Barnstable,  he  hath  suj)- 
plied  the  Prisoners  and  Persons  who  occasionally  came  to  the  Goal  with  strong 
Liquors  in  small  quantities  not  apprehending  that  he  was  in  the  Breach  of  the  Law, 
as  his  Predecessors  had  usually  done  the  same,  and  as  he  bought  the  said  Liquors 
in  small  Quantities  of  Persons  who  had  paid  the  duties  of  Excise  thereon.  But  that 
the  Collector  of  Excise  in  the  said  County  hath  informed  him  that  he  is  Subject  to 
the  Penalty  of  the  Law  for  his  doings  herein  ;  yet  is  willing  considering  the  circum- 
stances of  his  case  to  remit  his  Share  of  the  Fine.  And  Praying  the  like  favour  of 
the  Government. 

In  the  House  of  Representatives  ;  Resolved  That  the  Prayer  of  the  Petition  be 
granted,  and  that  the  Province  part  of  the  Fine  within  mentioned  be  antl  hereby  is 
remitted.  In  Council  Read  and  Concurred.  Consented  to  by  the  Governor." — 
Ibid.,  p.  408. 

"  Jan.  26,  1763.  William  Brattle  Esq""  from  the  Board  went  down  to  the  House 
of  Representatives  to  propose  that  the  Election  of  a  person  to  collect  the  Excise  iu 
the  County  of  York  may  be  postponed,  as  it  is  uncertain  whether  the  person  chosen 
the  last  Year  is  now  living  or  not.  Royall  Tyler  Esq^  from  the  House  came  up  with  a 
Message  to  inform  the  Board  that  they  agreed  to  the  foregoing  proposal." — Ibid., 
p.  521. 

"  Jan.  26, 1763.  According  to  Agreement  the  two  Houses  proceeded  to  the  choice 
of  Civil  Officers  for  the  present  Year,  when  the  underwritten  Persons  were  chosen 
Collectors  of  Excise  on  Spirituous  Liquors  &c  for  the  several  Counties  hereafter 
mentioned  by  a  major  Vote  of  the  Council  and  House  of  Representatives — 

County  of  Suffolk M'' Thomas  Fletcher 

Middlesex M''  John  Remington 

Essex Daniel  Epes  Esqf 

Hampshire M''  Gad  Lyman 

Worcester M^  Levi  Willard 

Plymouth M'  NatW  Little 

Barnstaple  ........        Nathaniel  Stone  Esq"" 

Bristol Thomas  Gilbert  Esq"" 

Dukes  County James  Allen  jun''  Esq"" 

Nantucket M"'  Thomas  Arthur 

Cumberland M^  Theophilus  Bradbury 

Lincoln M''  Thomas  Moulton 

Berkshire M''  Elisha  Jones  jun'' 

Consented  to  by  the  Governor." — Ibid.,  p.  522. 

"  May  27,  1763.  Josejih  Sayer  Esq""  from  the  House  of  Representatives  came  up  to 
the  Board  on  a  Message  to  propose  choosing  a  Collector  of  the  Excise  for  the  Couuty 
of  York  at  6  o'clock  in  the  Afternoon  by  joint  ballot  of  the  two  Houses.  William 
Brattle  Esq""  from  the  Board  went  down  to  the  House  of  Representatives  on  a  Mes- 
sage to  acquaint  them  that  the  Board  agreed  to  their  proposal  of  choosing  a  collector 
of  Excise  for  the  County  of  York  by  joint  ballot;  but  that  having  appointed  other 
Business  for  the  afternoon,  they  propose  that  the  Election  should  come  on  to  ISIor- 
row  Morning  at  11  o'clock:  to  which  proposal  the  House  agreed,  and  signified  the 
same  by  a  Message  brought  up  by  Col"  Murray." — Ibid.,  vol.  ,YAT.,  p.  8. 

"  May  28,  1763.    The  two  Houses  According  to  agreement  proceeded  to  the  choice 

of  a  Collector  of  excise  for  the  County  of  York  the  current  Year.    The  Votes  being 

counted  and  sorted,  it  appeared  that  M''  David  Sewall  was  chosen  by  a  major  Vote 

of  tlie  Council  and  House  of  Representatives." — Ibid. 

Administration  was  granted  on  the  estate  of  Daniel  Clark,  in  May,  1763.    In  the 


548  PE0Vl^x^E  Laws. — 1T61-G2.  [Notes.] 

representation  of  insolvency  of  his  estate,  made  Sept.  ITG.",,  it  is  charged  that  he  had 
collected  sixty  pounds,  excise,  which  had  not  been  paid  into  the  province  treasury. 
In  July,  1772,  an  additional  inventory  of  his  estate  was  tiled  containing  an  item 
showing  that  some  of  his  estate  had  been  sold  and  charged  in  his  books  "  between 
the  time  it  is'conjectured  the  Intestate  was  lost,  and  administration  was  taken." 

"  June  3,  17G3.  A  Petition  of  Thomas  Merryman — Setting  forth.  That  he  tho'  ig- 
norant and  without  any  intention  of  fraud  did  on  the  12"^  of  February  1702.  sell  two 
barrels  of  Rum  containing  ()2h  Gall"*  to  Francis  Wyman  of  George  Town  in  the 
County  of  Lyncoln,  a  person  licensed  to  sell  the  same  whereby  the  Duty  of  Excise 
has  been  accounted  for,  altho'  the  Petitioner  himself  had  no  Permit  to  sell  such 
Liquors.  And  Praying  that  he  may  be  exempted  from  the  Penalty  of  the  Law  for 
selling  said  rum  as  aforesaid.  In  the  House  of  Representatives  Read  and  Ordered 
That  the  prayer  of  the  Petition  be  so  far  granted  as  that  the  tine  within  mentioned 
be  remitted,  so  far  as  it  relates  to  the  Province.  In  Council  Read  and  Concurred 
Consented  to  by  the  Governor." — Ibid.,  p.  21. 

"  Jan  13,  1704.  A  Petition  of  Eliakim  Sacket  of  Westfield  praying  that  a  Fine 
imposed  upon  him  for  selling  a  Hogshead  of  Rum  without  Licence  may  be  remitted 
him  for  the  reasons  mentioned.  In  the  House  of  representatives  Ordered  That  the 
Prayer  of  the  Petition  be  granted,  and  that  Solomon  Stoddard,  Collector  of  the  Du- 
ties for  the  County  of  Hampshire  be  allowed  (if  he  see  tit)  to  discontinue  his  Suit,  on 
the  said  Eliakims  paying  the  Impost  duty  and  costs  aforesaid.  In  Council." — Ibid., 
p.  127. 

"  Jan  18,  1704.  Pursuant  to  agreement  the  two  Houses  proceeded  to  the  Choice  of 
Civil  Officers  for  the  present  year  when  the  under  mentioned  persons  were  Chosen 
Collectors  of  Excise  on  Spirituous  Liquors  &c  for  the  several  Counties  as  hereafter 
mentioned  by  a  Major  Vote  of  the  Council  and  House  of  Representatives. 

County  of  Suffolk .        .        M''  Thomas  Fletcher 

Essex '    .        .        .        M''  Thomas  Porter 

Middlesex M^  John  Remington 

Hampshire M'"  Lewis  Bliss 

Worcester M''  Levi  Willard 

Plymouth Cap'  Nathaniel  Little 

Barnstable Nathaniel  Stone  Esq"" 

Bristol M'' Thomas  Gilburt  Junf 

York M''  David  Sewall 

Dukes  County M""  James  Allen  Jun^ 

Nantucket Obed  Ilussey  Esq"" 

Cumberland M'  TheoDhilus  Bradbiuy 

Lincoln jM^  Thomas  Moulton 

Berkshire M''  Elisha  Jones  Jun^ 

Consented  to  by  the  Governor." — Ibid.,  p.  133. 
See  1703-04,  chapter  2,  and  note. 

"June  12,  1704.  A  Petition  of  Alexander  Thompson  of  Colrain  —Setting  forth, 
That  he  ignorantly  sold  two  liarrels  of  Rum  without  a  Permit,  for  which  he  is  pro.s- 
ecuted  in  the  Law,  and  the  Affair  is  now  pending:  that  the  Excise  on  said  Rum  is 
paid,  and  praying  Relief. 

In  the  House  of  Rej^resentatives.  Read  and  Resolved  That  the  Petitioner  Alexan- 
der Thompson  serve  M^  Gad  Lyman,  Collector  of  Excise  for  the  County  of  Hamp- 
shire for  the  year  1703  with  a  Copy  of  this  Petition  and  Order  thereon,  that  he  may 
shew  cause  on  the  second  Tuesday  of  the  next  Session  of  this  Court  why  the  Prayer 
thereof  should  not  Ije  granted,  and  that  the  Action  commenced  by  said  Collector 
against  the  Petitioner  be  continued  in  the  mean  time.  In  Council  Read  and  (Con- 
curred Consented  to  by  the  Governor."— 76/(L,  p.  254.  . 

"  Nov.  1,  1704.  A  Petition  of  William  Vans  of  Salem — Setting  forth— That  he  is 
very  advantageously  situated  for  supplying  the  Fishery  and  other  persons  with 
spirituous  Liquors;  but  that  the  unhappy  situation  of  his  Affairs  prevented  his  ap- 
plying in  season  to  the  Court  of  General  Sessions  of  the  Peace  for  a  License  at  the 
proper  Term:  And  Praying  that  they  may  be  impowered  at  their  next  Session  to 
grant  him  a  License  for  that  purpose. 

In  the  House  of  Representatives:  Read  and  Ordered  That  the  Justices  of  the 
General  Sessions  of  the  Peace  for  the  County  of  Essex  be  allowed  at  their  next 
term  to  grant  the  Petitioner  a  Li(!ense  to  retail  spirituous  Liquors  the  remaining 
part  of  tlie  Year,  He  (irst  obtaining  the  approbation  of  the  Selectmen  of  Salem  for 
that  Service,  tho  time  lor  granting  Licenses  being  elapsed  notwithstanding. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  310. 
"  Nov.  2,  1704.  A  Petition  of  Benjamin  Osgood  and  John  Felt  both  of  Salem, 
Shoremen,  Setting  forth,  That  they  are  concerned  in  several  tlshing  Vessels,  which 
used  to  b(!  supplied  with  Rum  anil  other  Liquors  through  M''  Timothy  Orue,  a 
licensed  Person,  who  now  declines  the  business,  and  as  the  time  by  Law  appointed 
for  granting  Licenses  in  the  County  of  Essex  is  elapsed,  Praying  that  the  Justices 
of  the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Essex  may  bo 
impowered  to  grant  each  of  them  Licenses  to- retail  strong  Liquors  at  their  next  Ses- 
sion, the  time  for  granting  such  Licenses  being  elapsed  Notwithstanding. 

In  the  House  of  lI(;presontatives  Read  and  Ordered  That  the  Justices  of  the  Gen- 
eral Sessions  of  the  Peace  in  the  County  of  Essex  be  impowered  (if  they  see  cause) 
at  their  next  Session  to  grant  the  petitioners  liberty  to  retail  strong  Liquors,  they 
first  obtaining  the  Approbation  of  tlie  Selectmen  of  Salem  for  that  purpose,  the  re- 
maining ]iart  of  the  Year,  the  time  for  granting  Licenses  being  elapsed  notwith- 
standing. 
In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  312. 
"  Jan.  25,  17()5.    a  Petition  of  James  Stone— Setting  forth— That  M"*  Sarah  Cutler 


[Notes.]  Province  Laws. — 1761-62.  549 

wlio  hath  long  kept  a  public  House  of  Entertainment  in  Western,  and  the  only  one 
in  the  said  Town  upon  the  great  Road  leading  from  Boston  to  Springfield;  and  that 
the  jietitioner  is  about  removing  into  the  said  House:  that  the  Court  of  General 
Sessions  of  the  Peace  for  the  County  of  Worc^ester  stands  adjourned  to  the  second 
Tuesday  iu  May.  Anil  praying  tliat  two  Justices  of  the  Peace  Quorum  Unus,  may 
be  im powered  to  grant  him  a  License  to  keep  a  public  House  in  the  meantime. 

In  the  House  of  Representatives  Read  and  Resolved  that  the  prayer  of  this 
petition  be  granted,  and  that  any  two  of  his  Majesty's  Justices  for  the  County 
of  AVorcester  Quorum  Unus  are  hereby  impowered  to  grant  the  Petitioner  License 
to  keep  a  public  House  according  to  the  tenor  of  his  petition,  he  first  obtaining 
the  approbation  of  the  Selectmeu'of  the  Town  of  Western,  and  recognizing  as  other 
Licensed  Persons. — 

In  Council  Read  and  Concurred.     Consented  to  by  the  Governor."— /{)/cZ.,  p.  354. 

"  Jan.  125,  1765.  a  Petition  of  Hugh  Floyd  of  Medford— setting  forth— That  he  hath 
for  many  years  past  kept  a  House  of  entertainment  at  Medford ;  but  being  from 
home  at  tifie  time  for  granting  Licenses,  his  License  is  not  renewed,  although  he 
hath  been  approbated  by  the  Selectmen  according  to  Law:  And  praying  that  the 
Justices  of  the  Court  of  "Sessions  for  the  County  of  Middlesex  may  be  impowered 
at  their  next  term  to  grant  him  a  License  for  the  purpose  aforesaid. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Justices  of  the 
General  Sessions  of  the  peace  for  the  County  of  Middlesex  be,  and  they  hereby  are 
impowered  to  grant  the  Petitioner  a  License  to  keep  a  House  of  public  entertain- 
ment (if  they  see  cause)  at  their  next  Session  the  remaining  part  of  the  year,  the 
time  for  granting  Licenses,  being  elapsed  notwithstanding. 

In  Council,  Read  and  Concurred.    Consented  to  by  the  Governor."— J6itZ.,  p.  355. 

"  Feb.  15,  1765.  a  Petition  of  Samuel  Pickard  of  Brookfield— Setting  forth  That 
he  hath  been  an  Innholder  in  s^  Town  for  several  years  past,  in  the  House  where 
he  now  lives;  but  that  he  hath  built  a  much  more  commodious  new  House  for  the 
business,  into  which  he  is  about  to  remove.  And  praying  that  the  Justices  of  the 
Court  of  General  Sessions  of  the  peace  in  the  County  of  Worcester  may  be  impow- 
ered at  their  next  Session  to  grant  him  a  License  to  keep  a  Tavern  in  the  said  new 
House,  upon  his  being  approbated  by  the  Selectmen  for  that  purpose. 

In  the  House  of  Representatives.  'Read  and  Resolved,  that  the  prayer  of  this  Pe- 
tition be  granted,  and  the  Court  of  General  Sessions  for  the  Peace  in  the  County  of 
Worcester  iu  May  next  are  hereby  impowered  to  grant  the  Petitioner  License  to 
keep  a  public  House  according  to  the  tenor  of  his  petition  provided  he  shall  obtain 
the  approbation  of  the  Selectmen  of  Brookheld,  and  recognize  as  other  Licensed 
persons. 

In  Council  Read  and  Concurred.    Consented  to  by  the  Governor."— J&id.,  p.  408. 

"  Feb.  15,  17G5.  a  Petition  of  David  Thompson  of  Stoughton— Setting  forth— That 
the  House  wherein  he  dwells  being  accomodated  for  the  Retailing  of  Spirituous 
Liquors,  and  the  Selectmen  of  said  Town  having  approbated  him  as  a  fit  person  for 
said  employment,  he  applied  to  the  Court  of  General  Sessions  of  the  peace  for  a 
License  for  that  purpose;  but  the  time  by  Law  limited  for  granting  Licenses  being 
elapsed,  the  said  Court  could  not  grant  him  such  License  without  the  special  aid  of 
this  Court.  And  praying  that  the  Court  of  General  Sessions  of  the  peace  next  to  be 
holden  at  Boston  in  and  for  the  County  of  Suffolk  may  be  impowered  to  grant  him 
such  License. 

In  the  House  of  Representatives,  Read  and  Ordered,  That  the  Justices  of  the 
General  Sessions  of  the  peace  for  the  County  of  Suffolk  be  allowed  and  impowered 
at  their  next  Sessions  (if  they  see  caitse)  to  grant  the  petitioner  a  License  to  retail 
Spirituous  Liquors  in  the  House  he  now  inhabits  the  remaining  part  of  the  year;  the 
time  for  granting  Licenses  being  elapsed  notwithstanding. 

In  Council,  Read  and  Concurred.     Consented  to  by  the  Governor." — Ibid.,  p.  411. 

Chap.  25.  "  Feb.  5,  1702.  According  to  Agreement,  the  two  Houses  proceeded  to 
the  choice  of  Civil  Ofiicers  for  the  present  Year  when  James  Russell  Esq''  was 
chosen  Commissioner  of- Impost  by  a  Major  Vote  of  the  Council  and  House  of  Rej>- 
resentatiA'es.    Consented  to  by  the  Governor." — Council  Eecords,  vol.  XXIV.,  p.  231. 

Chap.  2().  "  Jan.  22, 1762.  A  Petition  of  Benjamin  Lynde  Esq"-  and  Others— Set- 
ting forth  the  great  danger  the  Town  of  Salem  is  in  of  being  destroyed  by  Fire  by 
Sailmakers  and  Riggers  Lofts  in  the  said  Town,  And  Praying  that  the  Act  of  this 
Province  made  in  the  22^1  Year  of  his  late  Majesty's  Reign  intituled  '  An  Act  to  pre- 
vent damage  by  Fire  in  the  Towns  of  Boston  and  Charlestown  may  be  extended  to 
the  Town  of  Salem. 

In  Council  Read  and  Ordered  That  the  Prayer  of  the  Petition  be  so  far  granted  as 
that  the  Petitioners  liave  liberty  to  bring  in  a  Bill  for  the  purpose  therein  men- 
tioned, and  tliat  the  Bill  extend  to  all,  or  any  other  Trading  Towns  in  the  Province 
that  may  desire  it.  In  the  House  of  Rep'i**^  Read  and  Concurred." — Council  Rec- 
ords, vol.  XXIV.,  p.  192. 

Chaps.  28  and  29.  These  acts  were  the  result  of  an  attempt,  on  the  part  of  Gov. 
Bernard,  to  induce  the  General  Court  to  increase  the  penalties  against  counterfeiting. 
The  act  of  1749-50,  chap.  22,— which  had  been  revived  and  continued  by  the  acts 
of  1755-56,  chap.  10,  and  1760-61,  chap.  5, — and  the  act,  in  addition  thereto,  of  1753-54, 
chap.  20,  which  appears  to  have  been  perpetual,  imposed  the  only  penalties  against 
counterfeiting  current  money,  not  of  the  coinage  of  Great  Britain,  and  by  neither  of 
these  was  the  offence  made  felony.  The  penalty  for  counterfeiting  bills  of  credit 
of  the  province  had  been  made  felony,  for  a  second  offence,  by  the  provincial  statute 
of  1714,  chap.  6;  though,  even  in  that  act,  the  benefit  of  clergy  had  not  been  expressly 


550  Pbovince  Laws.— 1761-62.  [Notes.] 

denied;  and  the  same  penalty  had  been  extended  to  the  counterfeiting  of  the  hills  of 
public  credit  of  the  province  of  New  Hampshire,  and  of  the  colonies  of  Connecticut 
and  of  Rhode  Island  and  Providence  Plantation,  by  the  act  of  1720-21,  chap.  10;  but 
there  seems  to  have  been  no  express  enactment  fixing  a  penalty  for  forging  the  notes 
of  the  province  treasurer,  unless,  by  a  strained  interpretation  of  the  act  of  1692-3, 
chap.  18,  §  9,  the  words  "bill  obligatory"  could  be  made  to  include  such  notes. 
The  proceedings  that  ensued,  in  both  branches  of  the  Assembly,  upon  the  Governor's 
message  at  the  beginning  of  the  second  session,  and  the  different  bills  that  were, 
thereupon,  proposed,  before  these  chapters  were  finally  enacted,  are  here  given  not 
only  as  an  interesting  exhibition  of  the  repugnance  of  the  provincial  legislature  to 
extreme  penalties,  but  as  an  illustration  of  the  manner  in  which,  not  unfrequently, 
the  ostensible  object  of  legislation  covered  a  movement  of  widely  different  import; 
as,  in  this  instance,  the  proposition  to  increase  the  penalties  against  counterfeiting 
dollars,  resulted  in  the  establishment  of  a  bimetallic  standard,  by  making  gold,  as 
well  as  silver,  a  legal  tender;  and  the  proposition  to  provide  new  and  more  rigorous 
penalties  against  forgery  resulted  in  an  act  to  prevent  forgery,  by  making  it  more 
difficult. 

The  following  message  had  been  promised  in  the  Governor's  speech  on  the  same 
day.  In  this  si^eech  the  subject  of  the  message  is  given  as  the  reason  for  his  con- 
vening the  Assembly,  and.  described  as  "  a  particular  business  that  requires  an  im- 
mediate redress." 

"  Gentlemen  of  the  Council  and  Gentlemen  of  the  House  of  Representatives 

About  a  Month  ago  a  discovery  was  made  of  the  forgery  of  divers  Treasurers 
notes;  I  immediately  called  the  Council  together  and  took  proper  methods  for  exam- 
ining the  affair  to  the  bottom.  In  the  course  of  the  enquiry  a  further  discovery  was 
made  that  the  very  persons,  who  were  concern'd  in  the  forging  the  Treasurers  notes 
were  also  engaged  with  a  large  confederacy  in  counterfeiting  dollars.  It  has  also 
appeared  that  the  making  of  false  dollars  has  been  so  common  in  this  Country  that 
tho'  much  of  it  has  been  traced,  yet  there  remains  a  great  deal  of  it  still  undiscov- 
ered. 

To  what  length  the  mischievous  effects  of  these  dangerous  practises  have  been  ex- 
tended is  at  present  impossible  to  say.  However  it  behoves  us  to  brobe  *  the  evil  to 
the  bottom,  to  apply  fit  remedies  for  the  past  and  to  provide  effectual  means  to  pre- 
vent the  further  mischiefs  of  it.  For  this  purpose  I  shall  lay  before  you  the  follow- 
ing considerations  which  have  readily  occurred  upon  this  occasion.  ' 

The  Treasurers  notes  are  issued  with  few  and  inconsiderable  Checks,  sotliat^thas 
been  found  easy  to  counterfeit  them :  and  yet  I  am  surprized  to  find  that  there  is  no 
Law  to  punish  such  counterfeiting  except  the  common  Law,  which  compared  with 
the  mischief  is  little  better  than  none.  It  occasions  little  less  surprize  to  find  that 
there  is  no  Provincial  Law  to  punish  the  counterfeiting  bills  of  Exchange  and  notes 
of  hand.  It  should  seem  that,  now  the  Pulilic  credit  of  the  Province  is  engaged  for 
many  thousands,  and  the  private  credit  of  the  Merchants  is  extended  through  the 
mercantile  world,  both  the  one  and  the  other  deserve  the  same  security  whicli  jiub- 
lic  and  private  credit  have  in  Great  Britain,  There  the  Legislature  first  began  with 
making  the  counter fieting  Public  Securities  a  capital  Offence:  and  they  soon  found 
by  parity  of  reason  that  private  Securities  were  intitled  to  the  same  protection,  and 
accordingly  they  guarded  them  with  the  same  penalty.  These  Laws  have  been 
found  so  expedient  and  beneficial  that  they  have  been  executed  with  an  uncommon 
punctuallity  there  never  having  been  that  I  know  of  a  single  instance  of  a  conviction 
1  under  these  Acts  being  Pardoned.    This  seasonable  and  uniform  severity  has  had 

the  best  effects:  it  has  made  these  Laws,  what  all  severe  Laws  are  intended  to  be,  a 
Terror  to  evil  Doers,  so  that  forgery  in  Great  Britain  is  so  seldom  attempted,  that 
I  suj)pose  there  have  not  been  so  many  instances  of  forgery  there  for  many  Years, 
as  have  been  committed  here  in  a  few  months. 

Although  there  are  some  Province  Laws  against  counterfeiting  dollars  &c''  yet 
they  are  very  inadequate  to  the  Offence,  of  which  there  cannot  be  greater  proof  than 
that  there  have  been  several  mints  exercised  at  one  time  within  this  Province,  some 
of  them  by  Persons  tliat  have  already  suffered  all  that  the  Law  inflicts.  And  how 
trifling  is  the  punishment  in  comparison  to  the  Offence?  What  a  good  bargain  has 
such  a  Man  who  sells  an  Ear  for  10,000  dollars?  but  how  heavy  dos  this  bargain  fall 
npon  those  that  are  ultimately  affected  by  the  circulating  the  bad  coin?  The  Laws 
of  England  see  this  Offence  in  a  very  different  Light;  according  to  them  it  is  the 
greatest  crime  known,  High  Treason,  Indeed  the  Offence  there  is  confined  to  the 
national  Coin,  because  that  is  the  common  currency  and  no  other  money  is  a  legal 
tender.  But  in  this  Country  where  it  is  impossible  to  have  a  general  currency  of 
English  money,  such  foreign  Coin  as  is  current  by  Law  and  is  become  a  legal  ten- 
der is  substituted  in  the  room  of  the  English  coin,  and  the  whole  force  of  the  reason 
of  the  penal  Laws  that  has  been  applied  in  England  to  punish  and  prevent  the  coun- 
terfeiting the  English  coin  is  equally  applicable  here  to  the  common  coin,  whether 
English  or  Foreign  that  is  current  within  the  Province. 

In  regard  to  the  popular  Prejudices  against  capital  Punishments  which  have  hith- 
erto prevailed  in  this  Country  I  shall  only  say  that  at  present  they  are  very  ill  timed. 
Whilst  the  People  of  t^is  Country  lived  from  hand  to  Mouth  and  had  very  little 
wealth  but  what  was  confined  among  themselves,  a  simple  system  of  Laws  might  be 
proper,  and  capital  punishments  might  in  a  great  measure  be  avoided.  But  when 
by  the  acquisition,  diffusion  and  general  intercourse  of  wealth  the  temptations  to 
fraud  are  abundantly  encreased  the  terrors  of  it  must  be  also  proportionably 
enlarged:  otherwise  if  through  a  false  tenderness  for  wicked  Men  the  Laws  should 
not  be  sufiicient  to  protect  the  property  of  the  honest  and  industrious,  the  rights  of 

*  Sic :  probe. 


[Notes.]  Peovince  Laws. — 1761-62.  ,        551 

the  latter  are  given  up  to  the  former,  and  the  undue  mercy  shewn  to  the  one  becomes 
a  real  injury  to  the  other.  To  instance  this  I  need  only  say  that  I  have  no  doubt 
but  that  if  these  crimes  had  been  capital  some  years  ago  and  usually  punished  as 
such,  they  would  not  have  been  committetl  at  all  at  the  present  time. 

I  have  therefore  to  propose. 

That  all  the  Treasurers  notes  be  called  in  with  all  convenient  speed  such  of  them 
as  have  passed  or  are  near  their  time  of  payment  to  be  paid  off ;  the  others  to  be  re- 
emitted  in  another  shape  with  proper  checks  to  prevent  their  being  counterfeited. 
By  these  means  you  will  know  the  extent  of  and  put  a  stop  to  the  present  frauds 
and  prevent  the  like  practices  for  the  future. 

That  the  Acts  of  Parliament  against  Forgery  of  Public  and  private  securities,  or 
Vouchers  for  money  or  such  of  them  as  shall  be  thought  necessary  be  extended  to 
this  Province. 

That  the  Acts  of  Parliament  against  coining  or  counterfeiting  of  money  or  such 
of  them  as  shall  be  thought  necessary  be  extended  to  this  Province  and  the  current 
coin  thereof,  to  be  specified  for  that  purpose. — 

That  a  standing  Committee  under  an  injunction  of  Secrecy  be  appointed  to  con- 
sider of  what  further  should  be  done  on  these  occasions." — Gov.  Bernard's  message, 
Nov.  12,  1761 :  Council  Records,  vol.  XXIV.,  2).  100. 

In  the  House  of  Representatives  the  foregoing  message  was  immediately  assigned 
for  consideration;  and,  in  the  afternoon  of  the  same  day,  it  was  resolved  that  a 
committee  of  the  whole  house  consider  the  subject  matter  of  the  speech  and  mes- 
sage, the  next  morning.  After  two  sessions  of  the  committee  of  the  whole,  the 
committee  rose,  Nov.  loth,  and  reported  certain  resolutions;  whereupon  it  was 
resolved  that  Mr.  Speaker,  Col.  Phillips,  Mr.  Otis,  Col.  Clap,  Mr.  Tyler,  Capt. 
Livermore  and  Mr.  Paine,  be  a  committee  to  prepare  bills  in  accordance  with  the 
resolutions,  and  the  committee  were  then  permitted  to  sit  again.  It  was  also 
ordered  that  the  committee  appointed  to  prepare  the  bills,  be  directed  to  sit  forth- 
with. 

On  the  14th  of  ISTovemlier,  an  order  passed  the  Council  that  Thomas  Hutchinson, 
John  Osborne,  John  Cushing  and  James  Bowdoin,  with  such  as  the  House  should 
join,  be  a  committee  to  consider  the  speech  and  message.  In  this  vote  the  House 
refused  to  concur.  On  the  Kith,  the  Council  had  prepared,  and  passed  through  its 
first  reading,  the  bill  hereunder  given,  at  length,  and  marked,  for  convenient  refer- 
ence, [No.  1.] 

On  the  17th,  this  bill  was  read  a  second  time  in  the  Council,  passed  to  be  en- 
grossed, and  sent  down  for  concurrence.  In  the  House,  it  was  read  a  first  time,  on 
the  same  day,  but,  on  the  18th,  in  answer  to  a  message  of  inquiry,  from  the  Coun- 
cil, the  House  sent  up  a  messenger  to  inform  the  Board  that  they  "  have  determin'd 
not  to  give  the  said  bill  another  reading." 

[No.  1.]  "An  Act  to  prevent  the  forging  or  counterfeiting  such  Obligations  or 
Notes  as  are  or  shall  be  signed  by  the  Treasurer  of  the  province  or  any  other  person 
or  i^ersons  authorized  in  the  name  &  by  order  of  the  Government,  and  to  prevent 
counterfeiting  or  falsifying  coined  silver  or  gold  or  uttering  the  same  knowing  it  to 
be  false  or  counterfeit. 

Be  it  enacted  by  the  Governor  Council  &  House  of  Representatives,  that  if  any 
person  or  persons  shall  forge  counterfeit  or  alter,  or  aid  assist  or  abett  in  forging 
counterfeiting  or  altering  any  Obligation  or  promisary  note  signed  or  which  shall 
hereafter  be  signed  by  the  Treasurer  of  this  Province  or  any  of  his  successors,  or  by 
any  other  person  or  persons  authorized,  in  the  name  &  by  order  of  the  Govern- 
ment or  if  any  person  or  x^ersons  shall  offer  to  dispose  of  or  pay  away  any  such 
forged  obligation  or  promisary  note,  knowing  the  same  to  be  forged,  or  shall,  with 
intent  to  defraud,  demand  the  mony  therein  contained  or  pretended  to  be  due 
thereon,  or  any  part  thereof  from  the  Treasurer  or  any  person  or  persons  emiiloyed 
in  paying  the  monies  of  this  Government,  every  person  so  offending  shall  be  guilty 
of  felony  &  being  convicted  thereof  shall  be  adjudged  to  suffer  death  without 
benefit  of  Clergy 

And  be  it  further  enacted  that  if  any  person  or  persons  shall  forge  or  counterfeit  ' 
any  coin  resembling  or  of  the  similitude  of  any  of  the  gold  or  silver  coins  of  Great 
Britain,  or  any  of  the  gold  or  silver  coins  of  France  Spain  or  Portugal,  or  shall, 
with  a  fraudulent  intent,  import  into  this  Province  any  such  forged  or  counterfeit 
coins  knowing  the  same  to  be  false  or  counterfeit,  or  shall,  for  lucre  or  gain,  impair 
diminish  or  falsifie  any  of  the  gold  &  silver  Coins  aforesaid,  every  such  Offender, 
their  counsellours,  procurers  aiders  &  abetters  shall  be  guilty  of  felony  &  being 
thereof  convicted  shall  be  adjudged  to  suffer  death  without  benefit  of  Clergy. 

And  be  it  further  enacted,  tliat  if  any  person  or  persons  shall  utter  any  false 
forged  counterfeited  impaired  diminished  or  falsified  gold  or  silver  coin,  knowing 
the  same  to  be  so  every  such  person  shall  upon  conviction  be  fined  at  the  discretion 
of  the  Justices  of  the  Superior  Court  of  Judicature  Court  of  Assize  &  general 
Gaol  delivery  (before  which  Court  every  trial  of  any  offence  against  this  act  shall 
be)  &  shall  also  be  set  in  the  pillory  for  the  space  of  one  hour  &  then  have  one 
ear  cut  off  &  from  thence  be  drawn  to  the  gallows  &  set  thereon  with  a  rope 
about  his  or  her  neck  for  the  space  of  an  hour  &  be  publickly  whipped  not  ex- 
ceeding twenty  stripes  &  be  committed  to  the  House  of  Correction  &  kept  to  , 
hard  labour  for  the  space  of  six  years,  or  shall  suffer  such  part  of  the  pains  &  pen- 
alties aforesaid  as  the  said  Justices  according  to  the  circumstances  of  the  Offence 
shall  in  their  discretion  judge  proper. 

Saving  always  that  nothing  in  this  act  before  mentioned  shall  be  construed  or 
understood  to  prevent  or  restrain  Goldsmiths  or  other  persons  from  melting  or 
working  into  plate  any  of  the  coins  aforesaid,  the  coins  of  Great  Britain  only 
excepted. 


552  Province  Laws.— 1761-62.  [Notes.] 

And  be  it  further  enacted  that  if  any  person  or  persons  shall  knowingly  make 
or  mend,  or  begin  to  malve  or  mend,  buy  or  sell  or  have  in  his  her  or  their  house  or 
possession  any  mould  or  press  contrived  for  coining  metals  or  any  Instrument 
or  Engine  not  of  common  use  in  any  trade  &  contrived  for  coining  stamping 
or  marking  metals  for  coin  or  mony  every  such  Offender  their  Counsellours  pro- 
curers aiders  &  abetters  shall  be  liable  to  all  such  pains  &  penalties  as  by  this 
Act  any  person  or  persons  is  or  are  made  liable  to,  who  shall  knowingly  utter  false 
or  counterfeit  coin,  provided  always  that  no  prosecution  shall  be  made  for  such 
offence  unless  such  prosecution  lie  commenced  within  twelve  months  after  such 
offence  committed."  —  Mass.  Archives,  vol.  104,  2;.  101. 

In  the  mean  time  the  House  committee  had  reported  three  bills,  given  hereunder, 
in  full,  and  numbered  2, 15  and  4,  respectively.  These  bills  took  their  first  reading, 
Nov.  17th,  and  their  second  and  third  readings,  Nov.  18th,  when  they  were  passed 
to  be  engrossed,  and  sent  up  for  concurrence. 

[No.  2.]  "An  Act  against  counterfeiting  Bills  of  Exchange  and  Promissory 
Notes. 

Be  it  enacted  by  the  Governour,  Council  and  House  of  Representatives,  That  if 
any  Person  from  and  after  the  25*  day  of  November  Current  shall  falsely  make, 
forge,  or  counterfeit,  or  procure  to  be  made,  forged  or  counterfeited,  or  willingly 
act  or  assist  in  the  false  making,  forging  or  counterfeiting,  any  Bill  of  Exchange  or 
Promissory  Note,  for  the  Payment  of  Money,  or  Delivery  of  Goods,  or  any  Acquit- 
tance or  Receipt  either  for  5loney  or  Goods,  or  any  Indorsement  or  Acceptance  of 
any  Bill  of  Exchange,  or  any  Indorsement  of  any  Promissory  Note,  for  the  Payment 
of  Money  or  Delivery  of  Goods,  or  the  Number  or  principal  Sum  of  any  Bill  of  Ex- 
change, Promissory  Note,  or  accountable  Receipt  for  any  Note,  Bill  or  other  Secur- 
ity for  Payment  of  Mone.y,  or  any  Warrant  or  Order  for  Payment  of  Money  or 
Delivery  of  Goods,  with  Intention  to  defraud  any  Person  whatsoever,  or  shall  utter 
or  publish  as  true,  any  such  false,  forged  or  counterfeited  Bill  of  Exchange,  or 
Promissory  Note  for  the  Payment  of  Money  or  Delivery  of  Goods,  or  any  Acquit- 
tance or  Receipt,  either  for  Money  or  Goods,  or  any  Indorsement  or  Acceptance  of 
any  Bill  of  Exchange,  or  any  Indorsement  of  any  Promissory  Note  for  the  Pay- 
ment of  Money  or  Delivery  of  Goods,  or  the  Number  or  principal  Sum  of  any  Bill 
of  Exchange,  Promissor.v  Note  or  accountable  Receipt  for  any  Bill,  Note  or  other 
Security  for  Payment  of  Money,  or  any  Warrant  or  Order  for  the  Payment  of 
Money  or  Delivery  of  Goods,  with  Intention  to  defraud  any  Pei'son,  knowing  the 
same  to  be  forged,  and  counterfeited  ;  Then  every  such  Person  being  thereof  law- 
fully convicted  according  to  the  due  Course  of  Law,  shall  be  Sett  upon  the  Pillory 
in  some  market  Town  or  other  open  Place  and  tliere  to  have  one  of  his  Ears  cutt 
off  and  shall  also  have  and  Suffer  Imprisonment  by  the  sjiace  of  one  whole  year 
without  Bail  or  Mainprize. 

And  the  Party  or  Parties  aggrieved  by  Reason  of  any  of  the  Offences  aforesaid, 
may  take  his  or  their  Action  against  any  such  Offender  or  Offenders,  in  any  Court 
of  Record,  and  shall  recover  double  Damages  and  Costs  to  be  found  and  assessed 
in  such  Court." — Ibid.,  p.  104. 

[No.  3.]  "  An  Act  for  making  several  Species  of  foreign  Gold  Coin  a  lawful  Ten- 
der, and  for  the  more  effectually  preventing  the  forging  and  counterfeiting  money. 

Whereas  divers  Species  of  foreign  Gold  Coin  are  Current  in  this  Province,  and 
are  received  into  and  paid  out  of  tfie  puhlick  Treasury,  but  are  not  a  lawful  Tender, 
in  publick  or  private  Payments;  by  which  it  is  apprehended  many  Inconveniences 
have  arisen  to  the  Prejutlice  of  Trade  and  Commerce,  and  consequently  very  detri- 
mental to  the  Publick, 

Be  it  therefore  enacted  by  the  Governour,  Council  and  House  of  Representatives, 
That  the  several  Species  of  foreign  Gold  Coin  hereafter  enumerated,  at  the  Rates 
by  this  Act  established,  shall  be  a  lawful  Tender  in  all  Payments,  publick  and  pri- 
vate; (express  Contracts  excepted)  That  is  to  say,  a  Johannes,  or  other  of  the  mill'd 
gold  Coin  of  the  Kingdom  of  Portugal  of  the  Weight  of  eighteen  penny  Weight, 
six  Grains,  to  be  accounted  and  paid  at  Four  Pounds  sixteen  Shillings. 

A  Moidore  that  weighs  six  penny  Weight,  twenty  one  Grains,  at  thirty  six  Shil- 
lings. 

The  half.  Quarters,  and  lesser  Pieces  of  the  several  and  respective  foreign  Gold 
Coins  aforesaid,  to  be  accounted,  received,  taken  and  paid  in  the  same  Proportion. 

And  be  it  further  enacted,  That  if  any  Person  or  Persons  after  the  Twenty  filth  Day 
of  November  Current,  shall  falsely  make,  fc^rge  or  counterfeit,  or  procure  to  be  falsely 
made,  forged  or  counterfeited,  or  willingly  act  or  assist  in  the  false  making,  forging 
or  counterfeiting  any  Money  or  Coin,  the  Currency  of  which  is  established,  by  this 
or  any  former  Law  of  this  Province,  or  shall  falsely  make,  forge  or  counterfeit,  or 
procure  to  be  falsely  made,  forged  or  counterfeited,  or  willingly  act  or  assist  in  the 
false  making,  forging  or  counterfeiting  any  Money  that  is  or  may  be  current  in  this 
Province,  or  shall  utter  any  such  false,  forged  or  counterfeit  Money,  or  Coin,  know- 
ing the  same  to  be  false  forged  or  counterfeited,  and  be  thereof  convicted  at  the 
Superiour  Court  of  Judicature,  Court  of  Assize  and  General  Goal  Delivery,  sliall  be 
set  in  the  Pillory  for  the  Space  of  one  Hour,  and  then  have  one  of  his  or  her  Ears 
cutt  oft",  and  from  thence  shall  be  drawn  to  the  Gallows  and  set  thereon,  with  a 
Rope  round  his  or  her  Neck  for  the  Space  of  one  Hour,  and  then  shall  be  publickly 
whipped,  not  exceeding  thirty  five  Stripes,  and  afterwards  committed  to  the  House 
of  Correction,  and  there  confined  and  kept  to  hard  Labour,  for  a  Term  not  less 
than  ten  years,  nor  exceeding  twenty  years;  and  during  such  Term  shall  once 
every  year,  at  the  Time  of  holding  the  Quarter  Sessions  for  the  Peace,  be  set  in 
the  Pillory  for  the  Space  of  one  Hour. 

Provided,  That  the  Justices  of  the  Superiour  Court  shall  at  their  Discretion  abate 
any  Part  of  the  Pains  and  Penalties  aforesaid,  as  far  as  respects  the  uttering  any 
forged,  or  counterfeit  Money." — Ibid.,  p.  118. 


[Notes.]  Peovince  Laws. — 1761-62.  553 

[No.  4.]  "An  Act  for  the  better  securing  the  Possessors  of  the  Province  Treas- 
urer's Notes,  (A.)  and  for  pfeventiin/  the  Covnterfeiting  the  same.  (A.) 

Whereas  the  Treasurer  of  this  Proviuce  hath  been  empowered  and  directed  by 
several  Acts,  to  borrow  large  Sums  of  Money  for  the  Use  of  tlie  Province,  and  to 
give  liis  Eeceipts  or  Obligations  for  the  Payment  of  the  same;  many  of  which  Ee- 
ceipts  and  Obligations  are  now  outstanding  and  unpaid;  and  divers  Frauds  and 
Deceits  have  been  put  upon  several  Persons  by  forging  and  counterfeiting  said  Ee- 
ceipts and  Obligations  tendering  in  Payment,  uttering  and  exchanging  such  forged 
and  counterfeit  Eeceipts  and  Obligations  to  the  Prejudice  of  the  pnblick  Credit. 

Be  it  therefore  enacted  by  the  Governour,  Council  and  House  of  Eepresentatives, 
That  (G.)  all  Eeceipts,  notes  or  Obligations,  hereafter  to  be  given  by  the  Treasurer    (G.) 
of  this  Province,  by  Virtue  of  this  or  any  other  Act  (B.)  for  Money  borrowed,  or    (b.) 
to  be  borrowed,  for  the  Use  of  the  Province,  shall  be  (G.)  in  the  Form  following,    (G,) 
Viz' 

Province  of  the  Massachusetts-Bay. 

Day  of  A:  D.  Borrowed  and  Eeceived  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  to  his  Order 

the  Day  of  A.  D.  the  aforesaid  Sum  of  in  Coined  Sil- 

ver of  Sterling  Alloy,  at  six  Shillings  and  eight  Pence  per  Ounce,  or  Spanish  Mill'd 
Dollars  at  six  Shillings  each,  (C)  o?"  in  Coined  Gold  at  the  Rates  as  are  established  by    (C.) 
Law  with  Interest  Annually  at  the  Eate  of  Six  per  Cent,  per  Annum. 

A:  B.  i  Witness  my  Hand 

C.  D.  >  Committee  H.  G.  Treasurer. 

E:  F.  ) 
Which  Form,  (except  as  is  hereafter  provided,)  shall  be  printed  upon  the  most  suit- 
able Paper,  that  can  from  Time  to  Time  be  provided  by  the  Treasurer,  and  a  suitable 
Border  round  the  same  (D.)  loith  the  Words,  Province  of  the  Massachusetts-Bay,  (D.) 
the  Word  Committee,  and  the  Words,  Witness  my  Hand,  shall  be  struck  off  from 
a  Copper  Plate,  which  the  Treasurer  likewise  is  empowered  to  procure;  and  each 
Blank  before  it  is  filled  up,  shall  be  stamped  in  some  convenient  Part  of  it  with  a 
Stamp  of  a  new  Form,  to  be  proctired  by  the  Treasurer  for  that  Purpose. 

And  be  it  further  enacted.  That  a  Committee  of  Three,  shall  (H.)  from  Time  to  (H.) 
Time,  be  appointed  by  the  General  Court,  who  shall  sign  all  the  Blanks  at  the  left 
Hand,  as  in  the  Form  aforesaid  is  prescribed,  before  the  Treasurer  fill  them  np: 
And  the  said  Treasurer  and  said  Committee  are  also  empowered  and  directed  to 
dispose  of  the  Custody  of  said  Copper  Plate  and  Stamp  in  such  Manner,  as  in  their 
Discretion  shall  appear  most  likely  to  prevent  any  Frauds  or  Counterfeits;  and  the 
said  Committee,  and  all  Persons  to  be  employed  in  the  Printing,  Engraving  or 
Stamping  of  said  Blanks,  shall  be  under  Oath  to  the  faithful  Discharge  of  their 
respective  Trusts. 

And  be  it  further  enacted,  That  the  Treasurer  be,  and  he  is  hereby  empowered 
and  directed  upon  the  Eequest  of  the  Possessor  or  Possessors  of  any  of  his  Eeceipts 
or  Obligations  for  Money  borrowed  for  the  Use  of  the  Province,  which  are  now  out- 
standing, and  not  payable  at  the  Time  of  such  Eequests,  to  take  such  Eeceipts  and 
Obligations  up,  and  to  give  the  Possessor  or  Possessors  in  Lieu  thereof  new  Ee- 
ceipts or  Obligations,  (I.)  for  such  Sum  or  Sums  as  are  contained  in  the  I'eceipts  or  (I.) 
Obligations  so  taken  up,  or  shall  give  one  new  Eeceipt  for  any  such  Number  of  old 
ones,  (E.) pni/able  at  the  same  Period  as  the  Possessor  shall  request  to  have  in  one  new  (E.) 
Receipt  or  Obligation;  taking  Care  to  pay  the  Interest  tliat  may  be  due  upon  such 
old  Eeceipts  or  Obligations;  which  new  Eeceipts  or  Obligations  shall  be  made  pay- 
able at  the  same  Periods  with  those  taken  up.  And  all  the  Funds  established  or 
appropriated  by  any  Act  or  Acts  of  this  Province,  for  the  Picdemption  and  Payment 
of  any  such  old  Eeceipts  or  Obligations,  are  hereby  confirmed,  and  shall  remain 
established  and  appropriated  to  the  Eedemption  and  Payment  of  the  new  Eeceipts 
and  Obligations  to  be  given  in  the  Form  prescribed  by  this  Act:  and  such  new 
Eeceipts  and  Obligations  shall,  to  all  Intents  and  Purposes,  avail  the  Possessor,  as 
if  he  were  possessed  of  the  Eeceipts  or  Obligations  so  to  be  given  up. 

And  be  it  further  enacted,  That  no  Possessor  or  Possessors  of  any  of  the  Treas- 
urer's Notes,  Eeceipts  or  Obligations  now  payable,  or  that  may  become  payable 
before  the  last  Day  of  June  next,  shall  receive  any  Interest  upon  such  Eeceipt  or 
Obligation  for  any  longer  Term  than  until  the  last  Day  of  Jitly  next. 

(F.)  And  be  it  further  enacted.  That  if  any  Person  or  Persons,  from  and  after  the  (F.) 
twenty  fifth  Day  of  November  Current,  shall  forge  or  counterfeit  any  Eeceipt,  Note 
or  Obligation  niade  or  given  out  by  the  Treasurer  of  this  Province,  for  the  Payment 
of  any  Sum  of  Money  in  the  Form  established  by  this  or  any  other  Act,  empower- 
ing the  Province  Treasurer  to  borrow  Money  on  the  behalf,  and  for  the  Use  of  the 
Province,  or  any  Endorsement  of  any  such  Eeceipt,  Note  or  Obligation,  or  procure 
to  be  made,  forged  or  counterfeited,  or  willingly  act  or  assist  in  the  false  making, 
forging  or  counterfeiting,  any  such  Eeceipt,  Note,  Obligation  or  Endorsement,  or 
shall  tender  in  Payment,  utter,  vend,  exchange  or  barter  any  such  forged  or  coun- 
terfeited Eeceipt,  Note  or  Obligation,  or  demand  to  have  the  same  exchanged  for 
ready  Money,  knowing  such  Eeceipt,  Note  or  Obligation  so  endorsed,  or  demanded 
to  be  exchanged,  vended  or  bartered,  to  be  forged  or  counterfeited,  or  shall  tender 
in  Payment,  utter,  vend,  exchange  or  barter,  or  demand  to  have  exchanged  for 
ready  Money,  any  true  Receipt,  Note  or  Obligation  of  the  Province  Treasurer  with 
a  forged  or  counterfeited  Endorsement  thereon,  knowing  such  Endorsement  to  be 
forged  or  counterfeited ;  then  every  such  Person  so  offending,  being  thereof  lawfully 
convicted  at  the  Superiour  Court  of  Judicature,  Court  of  Assize  and  General  Goal 
Delivery,  shall  be  set  in  the  Pillory  for  the  Space  of  one  Hour,  and  then  have 


554  Province  Laws.— 1761-62.  [Notes.] 

one  of  his  or  her  Ears  cut  off,  and  from  thence  shall  be  drawn  to  the  Gallows,  and 
set  thereon  with  a  Rope  ronnd  his  or  her  Neck  for  the  Space  of  one  Hour,  and  shall 
then  be  publickly  whipped  not  exceeding  thirty  five  Stripes;  and  afterwards  com- 
mitted to  the  House  of  Correction,  and  there  confined  and  kept  to  hard  Labour,  for 
a  Term  not  less  than  ten  Years,  nor  exceeding  twenty  Years;  and  during  such 
Term,  shall  once  every  Year  at  the  Time  of  holding  the  Quarter  Sessions  for  the 
Peace,  be  set  in  the  Pillory  for  the  Space  of  one  Hour. 

Provided,  That  the  Justices  of  the  Superiour  Court  shall  at  their  Discretion, 
abate  any  Part  of  the  Pains  and  Penalties  aforesaid,  so  far  as  respects  the  uttering 
any  forged  or  counterfeit  Receipt  or  Obligation. 

And  be  it  further  enacted,  That  upon  a  second  Conviction  of  any  of  the  Offences 
aforesaid,  the  Offender  or  Offenders  shall  be  deemed  guilty  of  Felony,  and  suffer 
Death  without  Benefit  of  Clergy. 

And  be  it  further  enacted,  That  whoever  shall  inform  of  any  of  the  foregoing 
Offences  so  as  y^  Offender  or  Offenders  shall  be  convicted  of  the  same,  sucla  In- 
former or  Informers  shall  receive  out  of  the  Treasury  of  this  Province  the  Sum  of 
twenty  five  Pounds. 

And  this  Act  shall  be  read  in  every  Town  and  District  at  their  next  March  Meet- 
ing; and  any  Town  or  District  Clerk  neglecting  to  read  the  same,  shall  forfeit  twenty 
Shillings,  to  the  use  of  the  Poor  of  the  Town  or  District  where  sucli  neglect 
happens." — Ibid.,  p.  110. 

"  Nov.  18,  1761.  The  Secretary  went  down  to  the  House  of  Representatives  to  in- 
form them  that  the  Board  had  Nonconcurred  three  several  Bills  sent  up  from  the 
House— to  prevent  counterfeiting  Bills  and  Promissory  Notes— for  making  Gold 
a  tender,— and  for  preventing  the  counterfeiting  money—  And  for  securing  the 
Possessors  of  the  Province  Treasurers  Notes;  and  that  the  Board  had  thereupon 
passed  the  following  Vote  viz' 

In  Council  Ordered  That  the  honorable  Thomas  Hutchinson  Esq''  John  Cushing, 
"William  Brattle,  James  Bowdoin  and  John  Choate  Esq"  with  such  as  the  honor- 
able House  shall  join  be  a  Committee  to  take  under  consideration  his  Excellency's 
Speech  and  Message  to  the  two  Houses  at  the  opening  of  the  present  Session. 

In  the  House  of  Representatives  (19th)  Read  and  Concurred  and  Judge  Russell, 
M''  Otis,  M""  Paine,  M""  Hatch,  General  Winslow  and  M""  Tyler  are  joined  in  the 
Affair." — Council  Records,  vol.  XXIV.,  p.  111. 

The  House  also  sent  a  message  to  the  Council  requesting  them  to  direct  the  joint 
committee  to  sit  forthwith. 

The  bill  against  counterfeiting  bills  of  exchange,  &c.,  [No.  2.]  was  sent  down  to 
the  House,  by  their  request,  Nov.  23rd,  and,  thereupon,  it  was  sent  up  to  the  Board, 
by  a  committee  of  five  members,  with  a  message  requesting  that  the  Council  would 
reconsider  their  vote  of  nonconcurrence,  and  vote  to  concur  with  the  House,  therein. 
This  seems  to  have  been  the  final  action  on  this  bill. 

The  bill  for  making  foreign  gold  a  lawful  tender,  &c.,  [No.  3.]  was  also  sent  down 
to  the  House,  by  their  request,  Nov.  23rd.  On  the  same  day  it  was  read  three  times, 
passed  to  be  engrossed,  and  sent  up  for  concurrence.  In  the  Council  the  bill  was 
read  Nov.  23rd,  and,  again,  the  next  day;  when,  on  the  question  being  put,  it  was 
refused  an  engrossment. 

The  Council  now  prepared  a  bill  [No.  5.]  intended  to  embrace  the  important  pro- 
visions of  bill  No.  1,  with  such  modifications  as,  it  was  supposed,  would  be  accep- 
table to  the  House.  This  bill  had  its  two  readings,  and  was  passe<l  to  be  engrossed 
and  sent  down  for  concurrence,  on  the  20tli  of  November.  In  the  House  it  was  read 
a  first  time  the  same  day,  and  a  second  time  the  following  day,  and,  Nov.  23rd,  it 
was  read  a  third  time,  and  refused  an  engrossment.    The  bill  is  as  follows: — 

[No.  5.]  "  An  Act  to  prevent  counterfeiting  or  falsifying  coined  Silver  or  Gold; 
or  uttering  the  same  knowing  it  to  be  false  or  counterfeit:  And  to  prevent  the 
counterfeiting  such  obligations  or  notes  as  are  or  shall  be  signed  by  the  Treasurer 
of  the  Province  or  any  other  person  or  persons  authorized  in  the  name  and  by  or- 
der of  the  Government. 

Be  it  enacted  by  the  Governor  Council  &  House  of  Representatives  that  if  any 
person  or  persons  shall  forge  or  counterfeit  any  coin  resembling,  or  of  the  simili- 
tude of  any  of  the  gold  or  Silver  coins  of  Great  Britain;  or  any  of  the  gold  or  Sil- 
ver coins  of  France,  Spain  or  Portugal;  or  shall  with  a  fraudulent  intent  import 
into  this  Province  any  such  forged  or  counterfeit  coins,  knowing  the  same  to  be 
false  or  counterfeit;  or  shall,  for  lucre  or  gain  or  with  a  fraudulent  intent  itnpair 
diminish  or  falsify  any  of  the  gold  or  Silver  coins  aforesaid ;  or  shall  utter  any  false 
forged  counterfeited  or  falsified  gold  or  Silver  coin,  knowing  the  same  to  be  so:  or 
shall  knowingly  make  or  mend,  or  begin  to  make  or  mend,  buy  or  sell;  or  have  in 
his,  her  or  their  house  or  possession  anj'  mould  or  Press  contrived  for  coining 
metals;  or  any  Instrument  or  Engine  not  of  common  use  in  any  trade,  and  con- 
trived for  coining,  stamping  or  marking  metals  for  coin  or  money;  every  such  of- 
fender, their  coiinsellours.  Procurers,  Aiders  or  abetters,  being  convicted  of  either 
of  the  Crimes  aforesaid,  at  the  Superior  Court  of  Judicature,  Court  of  Assize  and 
General  Goal  delivery,  shall  be  set  in  the  Pillory  for  the  space  of  one  hour,  and 
then  have  one  of  his  or  her  ears  cut  off;  and  from  thence  shall  be  drawn  to  the 
Gallows,  and  set  thereon  with  a  rope  round  his  or  her  neck  for  the  space  of  an  hour, 
and  shall  then  be  publickly  whipped;  and  afterwards  be  committed  to  the  house  of 
Correction,  and  there  confined  and  kept  to  hard  labour  for  a  term  not  less  than  ten 
years,  nor  exceeding  twenty;  and  during  such  term  shall,  once  in  every  year  at  the 
time  of  holding  the  quarter  Sessions  for  the  peace  when  tavern  &  other  Licences 
are  to  be  granted,  be  set  in  the  Pillory  for  tlie  space  of  one  hour. 

Provided  that  the  Justices  of  said  Court  shall  at  their  discretion  abate  any  part 
of  the  pains  and  penalties  aforesaid  So  far  as  respects  tlie  uttering  of  such  counter- 
feit coins,  according  to  the  circumstances  of  the  offence: 


[Notes.]  Peovince  Laws. — 1761-62.  555 

And  be  it  further  enacted  that  if  any  person  shall  forge  connterfeit  or  alter;  or 
aid  assist  or  abett  in  forging  counterfeiting  or  altering  any  obligation  or  promisory 
note  signed,  or  which  sliall  hereafter  be  signed  by  tlie  Treasurer  of  this  Province, 
or  any  of  his  Successors,  or  by  any  other  person  or  persons  authorized  in  the  name 
and  by  order  of  tlie  Government;  or  if  any  person  or  persons  shall  offer  to  dispose 
of  or  pay  away  any  such  forged  obligation  or  promisory  Note  knowing  the  same  to 
be  forged;  or  shall  with  intent  to  defraud,  demand  the  money  therein  mentioned, 
or  pretended  to  be  due  tliereon,  or  any  part  thereof  from  the  Treasurer,  or  any  per- 
son or  persons  employed  in  paying  the  monies  of  this  Government,  every  person  so 
offending  being  convicted  of  either  of  the  offences  aforesaid  at  tlie  Superior  Court 
aforesaid  shall  suffer  all  the  pains  and  penalties,  which  by  this  Act  are  order'd  to 
be  inflicted  on  persons  convicted  of  counterfeiting  the  coins  before-mentioned. 

And  be  it  further  enacted  that  upon  a  Second  Conviction  of  any  of  the  Offences 
in  tbis  Act  before-mentioned  (the  offence  of  uttering  counterfeit-coin  only  ex- 
cepted) the  offender  or  offenders  shall  be  deemed  guilty  of  felony  And  Suffer  death 
without  benefit  of  Clergy. 

And  be  it  further  enacted  That  whoever  shall  inform  of  any  of  the  foregoing  of- 
fences so  as  the  offender  or  offenders  shall  be  convicted  of  the  same,  such  Informer 
or  Informers  shall  receive  out  of  the  Treasury  of  this  Province  the  sum  of  twenty 
five  pounds." — 3Inss.  ArcJiires,  vol.  104.  p.  107. 

The  bill  for  better  securing  the  possessors  of  the  province  treasurer's  notes,  &c., 
[No.  4.]  in  which  the  Council  liad  refused  to  concur,  Nov.  18th,  was  sent  down  to 
the  House,  Nov.  20th,  at  their  request,  and,  probably,  had  its  first  reading  then, 
although  this  does  not  expressly  appear  in  the  House  journal.  On  the  next  day, 
it  was  read  a  second  and  third  time,  passed  to  be  engrossed,  and  sent  up  for  con- 
currence. In  the  Council,  it  was  read  the  first  time  on  the  23rd,  and  a  second  time, 
on  the  24th,  when  the  Council  voted  to  concur  in  the  vote  for  engrossment,  with 
the  following  amendments: — 

The  words  which  appear  in  italics,  in  the  bill  as  printed  above,  were  to  be  stricken 
out,  and  the  following  words  inserted;  viz.,  at  (A.),  "by  enabling  the  province  treas- 
urer to  give  neio  receipts  or  obligations  in  lieu  of  such  notes  cts  are  now  extant";  at  (D.), 
"  ajid  also"  ;  at  (B.),  "noio  in  force  " ;  and  all  of  that  part  of  the  bill  following  (F.), 
relative  to  the  counterfeiting  of  notes,  was  to  be  stricken  out. 

At  this  stage,  the  Governor  sent  the  following  message,  dated  Nov.  24th,  1761: — 

"  Gentleman  of  the  Council  and  Gentlemen  of  the  House  of  Representatives 

As  the  several  mattei's  recommended  to  You  at  the  opening  of  this  Session  have 
met  with  extraordinary  delays;  and  it  is  time  to  determine  whether  this  Session 
shall  be  continued  through  the  Winter,  or  the  General  Court  shall  be  prorogued  to 
the  beginning  of  the  new  Year,  I  am  willing  that  my  recommendations  should  be 
confin'd  to  tTie  Single  business  of  calling  in  and  reemitting  the  Treasurers  Notes, 
and  that  the  other  business  may  stand  over.  But  I  think  it  indispensible  that  the 
Owners  of  the  Notes  should  be  obliged  to  bring  them  in  by  a  certain  day  under  the 
penalty  of  the  interest  ceasing  at  that  day:  without  this'  it  can  neither  be  ascer- 
tained what  Notes  have  been  counterfeited,  nor  will  a  stop  be  put  to  the  Practice 
for  the  future:  for  this  purpose  it  will  be  most  expedient  to  reemit  them  in  the 
same  money  they  are  payable  now. 

As  for  the  penalty  of  counterfeiting  them  although  I  think  all  ptmishments,  ex- 
cept capital,  will  be  inadequate,  I  shall  consent  to  such  others  as  you  shall  think 
fit,  provided  you  add  a  clause,  that  all  the  interest  upon  these  reemitted  Treasurers 
Notes  shall  cease  upon  the  expiration  of  the  several  terms  for  which  they  are 
granted,  that  there  may  be  a  certain  determination  of  the  probable  mischief  of 
counterfeiting  notes  within  a  few  Years.  Fka  Bernakd." — lb.,  vol.  110,  p.  105. 

To  the  amendments  proposed  as  above,  the  House  refuseil  to  agree,  except  to 
those  at  (D.)  and  (E.);  and  voted  to  insist  upon  the  bill  as  thus  amended,  and  so 
sent  it  up  for  concurrence.  This  was  Nov.  25th,  and  the  Council,  the  next  day, 
Aoted  to  concur  with  the  vote  of  the  House  respecting  the  amendments  at  (A.)  and 
(F.),  but  voted  to  insist  on  their  amendment  at  (C);  and,  thereupon,  sent  the  bill 
down  for  concurrence.  The  House  again  non-concurred,  and  voted  to  adhere  to 
the  bill  as  last  sent  up,  and  again  sent  it  up  for  concurrence. 

This  last  action  of  the  House,  in  which  the  Council  refused  to  concur,  led  to  a 
proposal,  from  the  latter,  for  a  conference,  to  which  the  House  agreed;  and  a  con- 
ference was,  accordingly,  held  on  the  afternoon  of  the  27th, —  the  Speaker  of  the 
House  proceeding  to  the  Council  Cliamber  for  that  purpose. 

Tlie  next  day  the  bill  was  sent  down  from  the  Council,  with  a  message  that  it 
had  been  read  again,  and  reconsidered,  and  that  the  Board  adhere  to  their  own  vote 
as  last  sent  down,  with  the  further  amendments  which  follow;  viz.,  to  strike  out  all 
the  words  from  (G.)  to  (G.),  and  insert  "  a  sufficient  number  of  receipts,  notes  or 
obligations,  for  the  purpose  hereafter  mentioned  in  this  act,  be  prepared  by  the 
province  treasurer" ;  to  strike  out  the  italicized  words  at  (H.);  and,  at  (I.),  to  insert 
the  words  "of  the  form  before  prescribed  in  this  act." 

Tlie  House  refused  to  coucur,  and  voted  to  adhere  to  their  own  vote  as  last  sent 
up,  and  returned  the  bill,  uuchauged,  for  concurrence;  which  the  Council,  on  the 
same  day,  refused.  This  ended  all  legislative  proceedings  on  these  bills,  for  the  ses- 
sion. The  House,  however,  took  the  precaution  to  pass  an  order,  "  That  all  mat- 
ters which  had  day  at  this  session,  and  are  not  passed  upon,  have  the  same  day  at 
the  next  session  of  this  court '' ;  in  which  order  the  Council  voted  to  concur. 

On  the  same  day,  the  Governor  prorogued  the  court,  in  the  following  speech: — 

"  Gentlemen  of  the  Council  and  Gentlemen  of  the  House  of  Representatives 

After  more  than  a  fortnight  spent  in  fruitless  Debates,  I  find  myself  Obliged  to 
Prorogue  this  General  Court,  without  any  Thing  effectual  being  done  in  the  im- 
portant Business  for  which  I  called  you  together,  I  have  all  the  while  been  a  dis- 


556      ^  Provtn-ce  Laws.— 1761-62.  [Notes.] 

Interested  but  not  an  unconcerned  Spectator,  of  the  Disagreement  that  has  "arisen 
among  You:  And  as  I  have  in  no  way  interfered  in  it,  but  in  pointing  out  wliat  I 
thought  the  present  Exigency  required  of  You:  It  is  my  Right  as  well  as  my  Duty, 
to  interpose  my  Advice.  I  therefore  do  earnestly  exhort  you  all  and  single,  that  aa 
the  Prorogation  of  this  General  Court  will  put  a  legal  End  to  all  the  Business  now 
depending  in  it;  it  may  have  the  same  Effect  upon  your  Minds  and  Memories;  that 
when  you  meet  again,  you  may  be  wholly  free  from  all  prejudice  and  Bias  whatso- 
ever, arising  from  any  of  the  Transactions  which  have  defeated  the  Intention  of  this 
Session.  Era.  Beknard." — I  bid.,  p.  173. 

In  his  speech  at  the  opening  of  the  third  session,  the  Governor  declined  to  call 
the  attention  of  the  representatives  to  any  new  subjects  of  legislation  until  "  busi- 
ness of  great  importance,  now  lying  unredressed  and  unanswered,"  should  have 
received  their  attention,  and  requested  "  that,  as  the  last  prorogation  put  a  legal  end 
to  all  the  business  then  depending  in  the  general  court,"  the  subjects  then  left  unset- 
tled, might  be  considered,  if  not  without  reference  to  former  differences,  at  least, 
with  the  determination  to  avoid  such  disputable  points,  as  might  end  in  hopeless 
division.  On  the  next  day,  the  bills,  passed  in  the  House  the  last  session,  which 
were  not  concurred  in  by  the  Council,  were  produced  by  the  Secretary,  upon  the  or- 
der of  the  House,  and  a  joint  committee  of  both  branches  was  appointed  to  consider 
that  part  of  the  Governor's  speech  relating  to  these  bills,  and  make  report.  This 
committee  was  ordered  to  sit  forthwith.  Ou  the  22nd  of  January,  a  committee, 
that  day  appointed  by  the  House  to  "  prepare  the  draught  of  a  bill  for  making  gold 
a  tender  in  payments,  &c.,"  reported  the  following  [No.  G.] ;  which  had  its  first  read- 
ing on  the  sanie  day,  and,  on  the  next  day,  was  read  a  second  and  third  time,  passed 
to  be  engrossed,  and  sent  up  for  concurrence. 

[No.  67]  "An  Act  in  Addition  to  an  Act  made  and  passed  in  the  twenty  third 
Year  of  his  late  Majesty  George  the  Second,  lutitled  'An  Act  for  ascertaining  the 
Rates  at  which  Coined  Silver  and  Gold,  and  English  half  Pence  and  Farthings 
may  pass  within  this  Government. 
(A.)  Whereas  divers  Doubts  (A.)  and  Disputes  have  lately  arisen  relating  to  the  true 
Intent  and  Meaning  of  said  Act  and  it  has  been  made  a  Question  whether  the  gold  Coins 
therein  mentioned  are  a  legal  Tender. 

Be  it  therefore  enacted  and  Declared  by  the  Governour,  Council  and  House  of 
Representatives,  That  the  several  gold  and  silver  Coins  in  said  Act  specified,  at  the 
iB.)    Rates  in  said  Act  mentioned,  (B.)  have  been,  noio  are,  and  shall  be  a  legal  Tender 
(C.)    in  all  Payments,  publick  and  private,  (C.)  express   Contracts  to  the   Contrary  ex- 
cepted."— Mass.  Archives  vol.  104  2:'.  145. 

The  Council  voted  to  amend,  by  striking  out  the  words  in  italics,  and  inserting,  at 
(A.),  "  have  arisen  and  a  Question  been  made  whether  the  Gold  Coins  mentioned  in — 
An  Act  made  and  passed  in  the  23*1  year  of  his  late  Majesty  George  the  Second 
intituled  '  An  Act  for  ascertaining  the  rates  at  which  coined  Silver  and  Gold  and 
english  half  pence  and  farthings  may  pass  within  this  Government';  and,  at  (C), 
'Specialties  and  express  contracts  excepted'— Provided  that  a  double  Johannes 
or  Gold  Coin  of  Portugal  mentioned  in  the  said  Act  shall  not  weigh  less  than  eigh- 
teen penny  weight  six  grains,  a  single  Johannes  not  less  than  nine  penny  weight 
three  grains,  a  Moydore  not  less  than  six  penny  weight  twenty  grains;  and  a 
Guinea  not  less  than  five  penny  weight  seven  grains;  and  that  such  of  the  said 
Coins  which  shall  fall  short  of  the  respective  weights  afores'i  shall  nevertheless  be 
accounted  a  Tender  with  a  just  Allowance  for  such  deficiency." 

On  the  original  bill,  in  the  archives,  it  appears  that  these  amendments  were  pro- 
posed in  the  Council,  Jan  23rd,  on  the  first  reading  of  the  bill,  and,  on  the  27th, 
that  the  bill  was  read  a  second  time,  and  passed,  in  concurrence,  to  be  enacted,  as 
taken  into  a  new  draught,  and  sent  down  for  concurrence  ;  and  that  the  House  on 
the  next  day,  concurred  in  the  bill,  as  taken  into  a  new  draught  by  the  House,  and 
sent  it  up  for  concurrence;  when  the  Council  immediately  passed  a  vo\(>  to  conctir. 
By  the  journal  of  the  House,  however,  as  well  as  by  the  records  of  the  Council,  it 
appears  that  the  bill  had  only  passed  to  be  engrossed.  Ou  the  29th,  the  bill  passed, 
in  both  branches,  to  be  enacted. 

Notwithstanding  this,  the  House,  as  late  as  the  3rd  of  February,  by  a  yea  and  nay 
vote,  resolved  that  the  words  "express  contracts  to  the  contrary  excepted"  bo 
struck  out  of  the  bill;  and,  on  the  Gth,  the  bill  was  brought  down  by  the  Secretary, 
with  an  amendment,  which  the  House  voted  to  consider  on  the  f>th.  As  the  above 
quoted  words  do  not  appear  in  the  act,  and,  as  the  clause,  omitted  in  the  bill,  relat- 
ing to  the  entering  up  of  jiulguients,  appears  in  the  act,  as  well  as  the  clause  fixing 
the  rate  of  gold,  it  would  seem  that  the  bill,  after  it  had  passed  to  be  enacted,  had 
been,  in  some  manner,  reconsidered  and  amended,  sometime  after  its  passage  to  be 
enacted  in  both  houses,  and  before  it  had  been  signed  by  the  Governor,  or  received 
the  seal,  though  no  further  record  of  this  irregular  proceeding  has  lieeu  preserved. 

At  the  third  session,  another  attempt  was  made  to  secure  the  enactment  of  the 
provisions,  substantially,  of  the  bill  [No.  4.]  for  better  securing  the  possessors  of  the 
province  treasurer's  notes,  &c.  Accordingly,  Jan.  25th,  a  joiut  committee  was  ap- 
pointed to  prepare  the  di'aught  of  a  bill  for  preventing  the  counterfeiting  coin  and 
the  treasurer's  notes.  Two  bills  seem  to  have  resulted  from  this  reference  to  the 
committee:  one  was  substantially  chapter  29.  This  bill  had  its  first  reading,  in  the 
House,  on  the  29th;  and,  on  the  30th,  was  read  a  second  time,  and  "recommitted,  to 
make  a  proposed  amendment."  On  the  2nd  of  February,  it  was  read  agaiUj  and 
referred.  On  the  4th,  it  was  read  again,  passed  to  be  engrossed,  atid  sent  up  for 
concurrence.  In  Council,  on  the  same  day,  it  was  read  twice,  and  passed  to  be  en- 
grossed, in  concurrence,  with  an  amendment  striking  out  the  following  words  from 
the  sixth  section;  viz.,  "upon  pain  of  forfeitiug  the  interest  of  such  notes,"  and 
inserting  the  clause,  now  remaining  in  that  section,  beginning  with  "  and  no  inter- 


[Notes.]  Province  Laws. — 1761-62.  557 

est,"  and  ending  with  '•  July  next."  It  was  then  sent  down  for  concurrence.  Tlie 
next  day,  the  House  voted  to  concui-;  and,  on  the  8th,  passed  it  to  be  enacted. 
On  the  9th,  it  was  passed  to  be  enacted  by  the  Council;  and  signed  by  the  Governor, 
on  the  10th. 

The  other  bill  is  glA'^en  below.  The  words  in  brackets  and  italics,  are  interlined, 
in  the  hand-writing  of  Lieut. -Gov.  Hutchinson,  and  the  latter  of  these  clauses  was 
substituted  for  the  next  nine  words  which  follow. 

[No.  7.]  "An  Act  in  Addition  to  an  Act,  Intitled,  'An  Act  against  diminishing 
or  counterfeiting  Money ';  made  and  passed  in  the  twenty  third  Year  of  [his  kite 
Majesty  Kmc/]  George  the  Second;  and  for  preventing  the  counterfeiting  of  the 
Province  Treasurer's  notes. 

Be  it  enacted  by  the  Governonr,  Council  and  House  of  Representatives,  That  if 
any  Person  or  Persons  after  the  Tirst  Day  of  March  next  shall  falsely  make,  forge 
or  counterfeit,  or  procure  to  be  falsely  made,  forged  or  counterfeited,  or  willinglj^ 
act  or  assist  in  the  false  making,  forging  or  counterfeiting  any  (H.)  Money  or  Coin,  (H.) 
the  Currency  of  which  is  established  by  the  Laws  of  this  Province,  or  shall  falsely 
make,  forge  or  counterfeit,  or  procure  to  be  falsely  made,  forged  or  counterfeited, 
or  willingly  act,  or  assist  in  the  false  making,  forging  or  counterfeiting  au y  (A.)  (A.) 
Money  that  is  or  may  be  current  in  this  Province,  or  shall  utter  any  such  false,  forged 
or  counterfeit  Money  or  Coin,  kuowing  the  same  to  be  false,  forged  or  counterfeited, 
and  be  thereof  convicted  at  the  Superiour  Court  of  Judicature,  Court  of  Assize  and 
General  Goal  Delivery,  shall  be  set  in  the  Pillory  for  the  Space  of  One  Hour,  and 
then  have  one  of  his  or  her  Ears  cut  off,  and  from  thence  shall  be  drawn  to  the  Gal- 
luws  and  set  thereon  with  a  Rope  round  his  or  her  Neck  for  the  Space  of  one  Hour, 
and  shall  then  be  j^ublickly  whipped  not  exceeding  thirty  five  Stripes,  and  after- 
warils  committed  to  the  House  of  Correction,  and  there  confined  and  kept  to  hard 
Labour,  for  a  Term  not  less  than  ten  years  nor  exceeding  twenty  Years;  and  during 
such  Term,  shall  once  every  Year  at  the  Time  of  holding  the  Quarter  Sessions  for 
the  Peace,  be  set  in  the  Pillory  for  the  Sjiuce  of  one  Hour. 

Provided,  That  the  Justices  of  the  Superiour  Court,  shall  at  their  Discretion, 
abate  any  Part  of  the  Pains  and  Penalties  aforesaid,  so  far  as  respects  the  uttering 
any  [such  Gold  or  ISUver  Coin  as  aforesaid.']  forced  or  counterfeited  money  or  Coin  estab- 
lished by  law. 

And  be  it  further  enacted.  That  upon  an  Escape  of  any  such  Person  from  the 
House  of  Correction  (after  Conviction,  or  upon  a  second  Conviction  of  any  of  the 
Offences  aforesaid,  the  Offender  or  Offenders  shall  be  deemed  guilty  of  Felony,  and 
suffer  Death  without  Benetit  of  Clergy. 

And  whereas  divers  Frattds  and  Deceits  have  been  put  upon  several  Persons,  by 
forging  and  counterfeiting  the  Province  Treasurer's  Receipts  and  Obligations,  ten- 
dering in  Payment,  uttering  and  exchanging  such  forged  and  counterfeited  Receipts 
and  Obligations,  to  the  Prejudice  of  the  publick  Credit : 

Be  it  further  enacted.  That  if  any  Person  or  Persons,  from  and  after  the  First— 
Day  of  March  next  shall  forge  or  counterfeit  any  Receipt,  Note  or  Obligation  made 
or  given  out  by  the  Treasurer  of  this  Province,  pursuant  to  Law,  for  the  Payment 
of  any  Sum  of  Money,  or  in  Imitation  of  any  such  Province  Treasurer's  Note,  Re- 
ceipt or  Obligation,  or  any  Indorsement  of  any  such  Receipt,  Note  or  Obligation, 
or  procure  to  be  made,  forged  or  counterfeited,  or  willingly  act  or  assist  in  the  false 
making,  forging  or  counterfeiting  any  such  Receipt,  Note,  Obligation  or  Indorse- 
ment, (C.)  or  ill  Imitation  thereof,  or  shall  tender  in  Paynieut,  utter,  vend,  exchange  (B-) 
or  barter  any  such  forged  or  counterfeited  Receipt,  Note  or  Obligation,  (C)  or  in  (C.) 
Imitation  thereof,  or  demand  to  have  the  same  exchanged  for  ready  Money,  know- 
ing such  Receipt,  Note  or  Obligation  so  endorsed  or  demanded  to  })e  exchanged, 
Vended  or  bartered,  to  be  forged  or  counterfeited,  or  shall  tender  in  Payment, 
utter,  vend,  exchange  or  barter,  or  demand  to  have  exchanged  for  ready  Money, 
any  true  Receipt,  Note  or  Obligation  of  the  Province  Treasurer  with  a  forged  or 
counterfeited  Endorsement  thereon,  knowing  such  Endorsement  to  be  forged  or 
counterfeited;  then  every  such  Person  so  offending,  being  thereof  lawfully  con- 
victed at  the  Superiour  Court  of  Judicature,  Court  of  Assize  and  General  Goal 
Delivery,  shall  be  set  in  the  Pillory  for  the  Space  of  one  Hour,  and  then  have  one 
of  his  or  her  Ears  cut  off,  and  from  thence  shall  be  drawn  to  the  Gallows,  and  set 
thereon  with  a  Rope  round  his  or  her  Neck  for  the  Space  of  one  Hour,  and  then 
shall  be  publickly  whipped  not  exceeding  thirty  five  Stripes;  and  afterwards  com- 
mitted to  the  House  of  Correction,  and  there  conlined  and  kept  to  hard  Labour  for 
a  Term  not  less  than  ten  Years,  nor  exceeding  twenty  Years;  and  during  such 
Term  shall  once  every  Year  at  the  Time  of  holding  the  Quarter  Sessions  for  the 
Peace,  be  set  in  the  Pillory  for  the  Space  of  one  Hour. 

Provided,  That  the  Justices  of  the  Superiour  Court  shall  at  their  Discretion,  abate 
any  Part  of  the  Pains  and  Penalties  aforesaid,  so  far  as  respects  the  uttering  any 
forged  or  counterfeit  Receipt  or  Obligation. 

And  be  it  further  enacted,  (D.)  That  upon  an  Fscape  of  any  such  Person  from  the    (D.) 
House  of  Correction  (after  Co)n-iction)or  upon  a  Second  Conviction  of  any  of  the  Offences 
aforesaid,  the  Offender  or  Offenders  shall  be  deemed  guilty  of  Felony,  and  "suffer 
Death  without  Benefit  of  Clergy. 

And  be  it  further  enacted.  That  whoever  shall  inform  of  any  of  the  aforegoing 
Offences  so  as  the  Offender  or  Offenders  shall  be  convicted  of  the  same,  such  Inform- 
er or  Informers  shall  receive  out  of  the  Treasury  of  this  Province  the  Sum  of  twenty 
five  Pounds. 

And  whereas  in  and  by  an  Act  made  in  the  twenty  third  Year  of  his  late  Majesty 
King  George  the  Second,  Intitled,  'An  Act  against  diminishing  or  cotmterfeiting 
Money.'  It  is  among  other  Things  enacted,  That  upon  a  Second  Conviction  or 
any  or  either  of  the  Offences  in  said  Act  mentioned,  the  Offender  or  Offenders  shall 


558  Province  Laws. — 1761-62.  [Notes.] 

be  committed  to  the  House  of  Correction,  and  there  kept  to  hard  Labour  for  the 
Space  of  twenty  Years:— And  whereas  it  may  happen  that  the  Charge  of  support- 
(E.)    ing  (E.)  such  Offender  or  Offenders  in  the  House  of  Correction  during  the  Term  afore- 
said, may  (in  Case  of  Sicltness  or  other  Disability  to  Labour)  become  a  Burthen 
unreasonable  to  be  borne  by  that  single  County  where  the  Conviction  may  be  had: 
.        Be  it  therefore  enacted,  That  the  Charge  that  may  arise  for  the  Relief  or  Support 
^     '    of  such  Offender  or  Offenders  (during  (F.)  such  Commitment  as  a/o7-esuid,  eithev  hy 
Force  of  the  Act  aforesaid,  or  of  this  preseut  Act)  so  far  as  the  same  through  Sick- 
(G.)    ness  or  (G.)  otherwise,  shall  appear  to  be  unavoidable,  shall  be  born  by  the  Province, 
and  be  paid  out  of  the  pul>lick  Ti-easury  accordingly. 

And  be  it  further  enacted,  Tliat  if  any  Puncheon,  Dye,  Stamp,  Edger,  cutting  En- 
gine, Press,  Flask,  or  o'her  Instrument  for  coining  or  counterfeiting  gold  or  silver 
Monies,  or  any  Part  of  such  Tool,  shall  be  hid  in  any  Place,  or  found  in  the  House 
or  Possession  of  any  person  (not  employed  in  coining  in  his  Majesty's  Mints),  nor 
having  the  same  by  Authority,  ar.y  Persons  discovering  are  required  to  seize  the 
same,  and  to  carry  them  to  sumc  Justice  of  the  Peace,  to  be  produced  in  Evidence 
against  any  Person  who  shall  l;o  prosecuted  for  such  Offence,  and  after  they  shall 
have  been  produced  in  Evidence,  they  shall  by  Older  of  the  Court,  or  in  the  Pres- 
ence of  some  Justice  of  the  Peace,  in  Case  there  be  no  Trial,  be  destroyed;  and  if 
any  counterfeit  or  diminished  Money  shall  be  produced  in  any  Court  of  Justice  in 
Evidence,  or  otherwise,  the  Judges  shall  cause  such  Monies  to  be  cut  in  Pieces 
in  Court,  or  in  the  Presenile  of  some  Justice  of  the  Peace,  and  then  to  be  delivered 
to  such  Persons  to  whom  the  same  shall  appertain. 

And  this  Act  shall  be  read  in  every  Town,  and  District  at  their  March  Meeting 
Annually.    Any  Town  and  District  Clerk  neglecting  to  read  the  same  shall  forfeit 
.  twenty  shillings,  to  the  Use  of  the  Poor  of  the  Town  or  District  where  such  Neglect 
happens." — Ibid.,}).  Ml. 

The  amendments  proposed  to  this  bill,  were,  to  substitute,  for  the  words  which  ap- 
pear in  tlie  bill  in  italics,  as  follows:  at  (H.),  "  gold  or  silver  coin  ";  at  (A.),  "gold 
coin  of  Spain  or  Portugal,  or  any  gold  or  silver  coin  of  France";  at  (D.),  "that 
upon  a  second  conviction  of  any  of  the  offences  aforesaid,  or  upon  an  escape  from 
the  house  of  correction,  after  a  first  conviction  of  any  of  the  offences  aforesaid  " ;  at 
(E.),  "  in  the  house  of  correction,  any  offender  or  offenders  against  said  act  or 
against  this  act";  at(F.).  "  his,  her,  or  their,  commitment";  at  (G.), "  other  disability 
to  labour";  the  italicized  words  at  (B.)  and  (C),  to  be  entirely  stricken  out.  The 
words  in  small  capitals  appear  to  have  been  cancelled,  in  committee,  before  the  bill 
was  reported. 

This  bill  was  read  in  the  Council  a  first  time,  Feb.  4th,  and  a  second  time,  Feb. 
10th;  when  it  was  passed  to  be  engrossed,  "  as  taken  into  a  new  draught,"  and  sent 
down  for  concurrence.  In  the  Plouse  it  was  read  a  first  time,  on  the  11th,  and  a 
second  and  third  time,  on  the  12th;  when  the  House  voted  to  concur  in  the  bill,  "as 
taken  into  a  new  draught  by  the  House,"  and  sent  it  up  for  concurrence.  The  Council 
passed  it,  in  concurrence,  to  be  engrossed,  Feb.  17th,  "  with  the  amendments  from  A. 
to  H.,"  and  sent  it  down  for  concurrence  The  House,  on  the  same  day,  concurred  in 
all  these  amendments,  except  the  one  at  (A.),  and  again  sent  the  bill  up  for  concur- 
rence. The  Council,  on  the  next  day,  voted  to  concur;  substituting  for  the  proposed 
amendment  at  (A.),  the  words  "any  gold  or  silver  coin"  ;  and  again  sent  the  bill 
down  for  concurrence,  to  which  the  House  agreed. 

The  bill  passed  to  be  enacted  in  the  House,  Feb.  23rd,  but  no  record  of  its  enact- 
ment by  the  Council  has  been  found;  though  it  appears  the  bill  was  laid  before  the 
Governor  for  his  signature,  which  he  withheld  for  reasons  stated  in  his  message 
printed  in  the  note  to  17G2-(i3,  I'hapter  9,  post. 

"  Feb.  12,  17G2.  A  Memorial  of  John  Worthington  of  Springfield  Esq""  Setting 
forth  That  having  generally  been  appointed  to  Act  as  Attorney  for  the  King  in  the 
Absence  of  the  Attorney  General,  He  hath  been  at  great  pains  in  bringing  to  Jus- 
tice several  persons  concerned  in  counterfeiting  the  current  coin  of  the  Province, 
which  hath  been  to  his  Loss  as  a  Practitioner,  and  as  he  has  been  so  successful  as 
to  discover  two  persons  concerned  in  this  iniquitous  practice,  by  which  means  there 
has  been  money  paid  into  the  Public  Treasury,  Praying  that  his  Services  may  be 
considered. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  sum  of  Ten  pounds 
be  paid  out  of  the  Public  Treasury  to  John  Worthington  Esq""  as  a  reward  for  his 
Services  as  Attorney  for  the  King  at  the  several  Assizes  in  the  County  of  Hamp- 
shire in  the  trial  of  seveial  Persons  concerned  together  in  counterfeiting  the  cur- 
rent coin  of  the  Province — 

In  Council  Read  and  Concurred  Consented  to  by  the  GoYei[nov."~Council  Records, 
vol.  XXIV.,  p.  251. 

"  Feb.  13,  17G2.  A  Petition  of  Thomas  Noble  and  Nathaniel  Williams  of  West- 
field  in  the  County  of  Hampshire— Setting  forth.  That  they  were  bound  by  Recog- 
nizance for  the  appearance  of  one  William  Crocker  at  the  Superior  Court  in  Spring- 
field charged  with  counterfeiting  the  current  coin  of  the  Province,  That  the  said 
William  Crocker  failed  of  his  appearance  and  thereby  his  recognizance  became  for- 
feited, That  he  was  afterwards  apprehended  tried  and  convicted  of  the  Offence 
aforesaid  and  punished  accordingly,  And  Praying  that  they  may  be  relieved  against 
the  Penalty  of  their  said  Bond. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Attorney  General 
be  directed  to  stay  any  further  proceedings  on  the  Recognizance  abovementioned, 
Provided  the  Petitioners  pay  the  Costs  of  prosecution  thereon  and  Thirty  pounds 
to  the  Province  Treasurer. 

In  Council  (11"M  Read  and  Nonconcurred." — Ibid.,  p.  258. 

"  Feb.  22,  1762.    Thomas  Clapp  Esq""  from  the  House  of  Representatives  came  up 


[Notes.]  Province  Laws. — 1761-62.  559 

to  the  Board  with  a  Message  to  propose  the  choosing  of  three  persons  to  counter- 
sign the  Treasurers  Notes,  by  joint  ballot  of  the  two  Houses  at  ten  o'clock  to  mor- 
row morning. 

William  Brattle  Esq""  from  the  Board  went  down  to  the  House  of  Representatives 
with  a  Message  to  acquaint  them  that  the  Board  agreed  to  the  foregoing  Proposal." 
—Ibid.,  p.  282. 

"  Feb.  23, 1762.  The  two  Houses,  according  to  Agreement  proceeded  to  the  choice 
of  three  persons  to  countersign  the  Treasurers  Notes,  the  Votes  being  counted  and 
sorted  it  appeared  that  John  Osborne,  Royall  Tyler,  and  John  Phillips  Esqi's  were 
unanimously  chosen. 

Consented  to  by  the  Governor 

In  the  House  of  Representatives;  Resolved,  That  in  case  of  the  death  or  Sick- 
ness of  either  of  tlie  Committee  chosen  to  countersign  the  Treasiirers  Notes  agree- 
able to  tlie  sevei-al  Acts  or  Laws  passed  this  Session  of  the  General  Court,  the 
Governor  and  the  Council  be  and  hereby  are  in  the  recess  of  the  General  Court  ini- 
powered  to  appoint  one  or  more  in  their  room  and  stead  as  the  case  may  require. 
And  He  or  tliey  so  appointed  shall  continue  until  the  further  order  of  this  Court. 
In  Council  Read  and  Concurred  Consented  to  by  the  Governor 

In  the  House  of  Representatives  Ordered  That  the  Committee  to  be  appointed  to 
countersign  the  Treasurers  Notes  be  paid  for  that  Service  as  this  Court  shall  here- 
after order.    In  Council  Read  and  Concurred." — Ibid.,  p.  283. 

"  Apr.  20,  1762.  A  Petiticni  of  John  Rider  of  Chat4iam,  Setting  forth  That  on  the 
fit'i  of  Marcli  one  Thomas  West  of  Chatham  Gentleman  did  subtilly  and  falsely 
Publish  and  shew  forth  in  Evidence  to  the  Petitioner,  one  forged  Receipt  pretend- 
ing the  same  to  be  true  under  the  hand  of  Harrison  Gray  Esq^  Treasurer  of  tliis 
Province  dated  Boston  February  26: 1762  for  the  sum  of  Eighty  pounds,  and  induced 
the  Petitioner  to  pay  him  the  said  Thomas  West  the  sum  of  thirty  seven  pounds  8/3 
on  said  forged  Receipt,  all  which  appears  by  the  same  Receipt  now  in  the  hands  of 
Samuel  Winthrop  Esq''  Clerk  of  the  Superior  Court,  and  that  at  the  Superior  Court 
of  Judicature  .feciheld  at  Barnstable  on  the  tirst  Tuesday  of  May  last  an  Indict- 
ment was  found  and  process  did  Issue  for  the  apprehending  said  West,  but  he  hav- 
ing absconded  nothing  further  is  done  upon  the  premisses,  and  so  the  Petitioner 
must  loose  said  sum  of  thirty  seven  pounds  8/3  unless  relieved.  Praying  a  Reim- 
bursement may  be  made  liim. 

In  the  House  of  Representatives  Ordered  that  the  Prayer  of  the  Petition  be 
granted  and  that  the  sum  of  thirty  seven  pounds,  eight  shillings,  be  allowed  and 
granted  out  of  the  Public  Treasury  to  the  Petitioner  accordingly. — 

In  Council  Read  and  Nonconcurred." — Ibid.,  p.  346. 

"This  Act  [chapter  28,]  may  seem  unnecessary  as  the  former  Act  by  ascertaining 
the  rates  of  particular  pieces  of  gold  and  silver  coin  must  be  supposed  by  implica- 
tion to  make  them  a  tender— But  this  was  very  necessary  to  quiet  the  disputes  in 
the  Province  arising  from  the  carrying  away  dollars  to  be  transmitted  to  England 
being  the  best  specie  for  that  purpose.  If,  as  some  contended.  Dollars  only  was  the 
Standard  of  lawful  money,  gold  would  have  depreciated:  but  if  the  Standard  of 
lawful  money  was  founded  only  on  a  proportion  to  sterling  as  4:3,  as  seems  evident 
to  me  both  from  Queen  Ann's  Act  and  the  above  recited  Act,  then  tlie  demand  for 
silver  would  not  depreciate  gold.  This  Act  has  had  all  the  good  effects  expected 
from  it,  it  has  quieted  all  the  disputes  about  particular  Coins  and  has  fixed  the 
standard  of  lawful  money  by  a  i^roportion  with  sterling  and  is  in  my  opinion  not  a 
new  Law  —  but  only  declaratory  of  an  old  one  whose  meaning  seemed  to  be  plain 
enough  before,  though  it  might  not  be  free  from  the  doubts  of  legal  Interpreters. 

This  Act  [chapter  29,]  was  occasioned  by  a  discovery  of  divers  forgeries  of  the 
Treasurers  Notes  which  were  indeed  too  little  guarded  against  such  frauds.  By 
this  Act  there  are  so  many  Checks  contrived  for  the  New  Notes  as  render  the 
counterfeiting  them  almost  impracticable.  Another  advantage  from  this  Act  will 
be  that  the  outstanding  Notes  of  the  Treasury  will  be  quite  ascertained  and  the 
whole  of  the  forgeries  discovered  within  a  certain  time.  But  this  is  not  all.  The 
former  Treasurers  Notes  were  payable  only  in  dollars  or  silver  at  ()/8<i  an  ounce 
(near  3'i  less  than  dollar  silver)  As  Dollars  were  leaving  the  Province  and  silver 
already  undervalued,  in  comparison  with  dollars,  advancing  in  real  value  greatly 
above  the  rate  of  dollars,  the  Province  would  have  suffered  very  much  if  it  had 
been  obliged  to  make  its  payments  in  the  tenor  of  its  bills.  It  was  therefore  a  verv 
timely  prudence  to  change  the  tenor  of  the  Bills  and  make  them  payable  in  gold 
and  silver  indiscriminately  The  Credit  of  the  Treasurers  Notes  (which  is  above 
par)  made  this  very  practicable  and  now  thei'e  is  no  distinction  between  Silver 
Notes  and  Gold  and  Silver  Notes,  no  more  than  there  is  between  gold  and  silver 
money. 

The  following  Acts  for  supplying  the  Treasury  differ  only  from  others  preceding 
them  in  the  regulations  before  mentioned  But  I  must  not  omit  observing  to  Your 
Lordship  the  extraordinary  credit  and  good  state  of  the  Finances  of  this  Province 
Besides  the  advantage  of  a  gold  &  silver  currency  in  whicli  it  is  almost  singular 
on  this  Continent  and  in  which  the  Treasurers  Notes  the  only  Government  securi- 
ties, bear  little  or  no  part.  All  the  debts  of  the  Province  are  provided  to  be  sunk  in 
June  1765,  tho'  indeed  it  will  be  necessary  to  alleviate  the  burthens  of  the  years 
immediately  ensuing  by  providing  for  some  part  of  the  payments  by  allocations  at 
a  year  or  two  further  distant,  even  supposing  that  the  extraordinary  exjienses  of 
the  War  should  end  with  this  Year." — Gov.'  Bernard  to  Lords  of  Trade,  April.  12, 
1762;  "Mass.  Buy,  B.  T.,"  vol.  78,  L.  I.,  33,  in  Public-Record  Office. 

"The  currency  of  Massachusetts  Bay  had  been  under  as  good  regulation  as  pos- 
sible, from  the  time  that  pa^jer  had  been  exchanged  for  silver,  which  was  made  the 


560  Peovince  Laws. — 1761-62.  [Notes.] 

standard  at  Cs.  8d.  the  ounce.  Gold  was  not  a  lawful  tender,  but  passed  current  at 
fixed  rates,  a  guinea  at  28s.,  a  moidore  at  3Gs.,  &c.,  being  nearly  the  same  propor- 
tion that  gold  bore  to  silver  in  Europe  at  the  time  when  the  paper-money  was  ex- 
changed. Silver  bullion,  for  a  year  or  two  past,  had  advanced  in  price,  in  England, 
from  5s.  3d.  to  5s.  7d.  an  ounce.  A  greater  proportion  of  silver  than  of  gold  had 
been  exported,  an<l  people,  who  observed  the  scarcity  of  silver,  were  alarmed.  A 
bill  was  brought  into  the  house  of  representatives  and  passed,  making  gold  a  law- 
ful tender  at  the  rates  at  which  the  several  coins  had  been  current  for  many  years 
past. 

The  bill  was  non-concurred  in  council,  and  a  conference  ensued  *  between  the  two 
houses,  the  lieutenant-governor  being  at  the  head  of  the  managers  for  the  council, 
and  Mr.  Otis  of  those  for  the  house. 

The  only  argument  on  the  part  of  the  house  was  the  danger  of  oppression  upon 
debtors,  by  their  being  obliged  to  procure  silver  at  disadvantage. 

On  the  part  of  the  conned,  it  was  said,  that  the  proiiortiou  between  silver  and 
gold  was  different  at  different  times;  that  one  only  ought  to  be  the  standard,  and 
the  other  considered  as  merchandise;  that,  silver  being  made  tbe  standard  in  the 
province,  it  behoved  government  rather  to  reduce  the  rate  at  which  gold  coin 
should  pass,  so  as  to  make  the  proportion  between  gold  and  silver  the  same  in  the 
province  as  in  Europe;  that,  in  such  case,  there  would  be  tlie  same  profit  upon  ex- 
porting gold  as  silver;  but  as  one  metal  was  made  the  standard  and  the  only  lawful 
tender,  it  was  not  advisable  for  government  to  regulate  the  other,  but  to  leave  it  to 
take  its  chance;  and  that  there  was  no  other  way  of  securing  the  currenc^y  from  de- 
preciation. 

The  house  was  much  engaged  to  carry  the  bill  through,  but  the  council  stood  firm 
and  rejected  it.  t 

There  seems  to  be  no  reason  for  engaging  men  more  on  one  side  the  question 
than  the  other,  in  this  dispute,  only  as  one  side  might  appear  to  them  more  just  and 
reasonable  than  the  other;  but  the  lieutenant-go veruor  having  taken  one  side  of 
the  question,  Mr.  Otis  took  the  other;  and  the  court  and  country  parties  took  one 
side  and  the  other  with  much  of  the  same  spirit,  as  if  it  had  been  a  controversy 
between  privilege  and  prerogative." — Hutchinson's  Hist,  Mass.  Buy,  vol.  o,  p.  98. 

Chap.  30.  "  Nov.  18, 1701.  A  Petition  of  Timothy  "Walker  and  Others  Assessors 
of  the  first  Precinct  in  Rehoboth— Setting  forth— That  they  have  been  in  the  jirac- 
tice  of  calling  their  Precinct  Meetings  by  posting  up  Notifications  at  the  Meeting 
House  instead  of  directing  a  Warrant  to  the  Constable  for  that  purpose;  and  that 
at  their  meetings  thus  warned,  they  have  transacted  matters  of  great  importance, 
such  as  settling  a  Minister  and  providing  for  his  support,  and  Ordering  the  Sale  of 
some  Parsonage  Lands,  and  also  remitting  the  Taxes  of  some  of  the  late  Inhabit- 
ants of  Barrington,  now  set  off  to  said  first  Precinct  of  Rehoboth,  that  .so  the  Min- 
ister of  Barrington  may  still  receive  the  benefit  of  the  said  Inhabitants  Taxes. 
And  as  some  of  their  doings  have  lately  been  called  in  Question  by  reason  of  their 
Meetings  being  warned  as  aforesaid— Praying  that  the  same  may  be  confirmed. 

In  Council  Read  and  Ordered  That  William  Brattle  Esq''  with  such  as  the  honour- 
able House  shall  join  be  a  Committee  to  take  this  Petition  under  consideration  and 
report.  In  the  House  of  Representatives  Read  and  Concurred  and  Col"  Prescot 
and  M""  Belcher  are  joined  in  the  Alfair."— C'oh«c<7  Records,  vol.  XXIV.,  p.  112. 

"Nov.  20,  1701.  The  Committee  appointed  the  18"'  Instant  on  the  Petition  of 
Timothy  Walker  and  Others  Assessors  of  the  first  Precinct  of  Rehoboth  reported 
according  to  order. 

In  Council  Read  and  Accepted,  And  thereupon  Ordered  That  the  several  Votes, 
Acts  and  Doings  of  the  first  Parish  in  Rehoboth  since  they  have  been  made  one  be 
and  hereby'  are  ratified  and  confirmed  to  all  intents  and  purposes  whatsoever  as 
fully  and  an^ily  as  if  the  several  Meetings  called  by  the  Parish  Committee  had  been 
strictly  conformable  to  Law,  And  that  the  Assessors  of  said  first  Parish  in  Reho- 
both be  and  hereby  are  impowered  to  Assess  the  Inhabitants  thereof  from  time  to 
time  annually  so  much  more  than  the  Ministers  Salary  in  Rehoboth  is  or  may  be  as 
it  shall  fall  short  by  reason  of  the  money  arising  upon  the  Taxes  laid  upon  the 
Inhabitants  and  the  Lands  in  that  part  of  Rehoboth  which  was  formerly  Barring- 
ton, but  by  the  running  of  the  Province  and  Colony  line  fell  to  this  Government 
shall  amount  to,  and  is  paid  to  the  Rev*!  Mi"  Townsend  of  Barrington  or  that  liere- 
after  may  be  paid  to  his  Successors  in  the  Ministry  there,  and  the  Collectors  of  said 
first  Parish  in  Rehoboth  are  hereby  impowered  and  directed  from  time  to  time  to 
collect  and  pay  in  the  same.  And  that  every  Assessment  heretofore  made  by  said 
Parish  for  the  purpose  aforesaid  is  hereby  ratitied  and  confirmed.  In  the  House  of 
Representatives  Read  and  Concurred  Consented  to  by  the  Gov  evnox."— I  hid., 
2?.  117. 

See,  also,  chapter  6,  ante,  and  note. 

Chap.  33.  "  I  have  lately  received  Advices  from  the  Western  Frontiers  that  a 
considerable  Number  of  Indians,  are  come  into  Stockbridge  •&  are  disposed  to  set- 
tle in  this  Province  to  have  their  Children  educated  among  the  English  &  in- 
structed in  the  Principles  of  the  Christian  Religion.  This  is  an  Affair  of  great  Im- 
portance; And  I  am  very  desirous  that  this  Temper  &  Disposition  in  them  should 
be  cherished  &  cultivated;  And  I  recommend  it  to  you  immediately  to  consider 

*  Hutchinson's  memory,  here,  appears  to  have  been  at  fault.  There  is  no  record  of  any  other 
confei-ence,  than  that  of  Nov.  27,  1701,  on  the  bill  for  the  better  securing  the  possessors  of  tlie 
province  treasurer's  notes,  [No.  4]  above  printed. — Eds. 

t  In  a  session  of  the  assembly,  some  time  after,  this  bill  passed  into  an  act,  and  gold  as  well  as 
silver  was  made  a  lawful  tender. — Note,  by  Hutchinson. 


[Notes.]  Peovince  Laws.— 1761-62.  561 

&  determine  what  is  necessary  to  be  done  by  you  for  this  Purpose." — Extract  from 
Lieiit.-Gov.  Phips's  speech  to  both  Houses,  Oct.  2,  1751:  Council  Records,  vol,  XIX., 
p.  387. 

"  Oct.  9, 1751.    Jacob  Wendell  Esq""  from  the  Committee  of  both  Houses  on  the 
Affair  of  the  Mohawks  i&c.  settling  in  this  Province  gave  in  the  following  Report,     - 
viz' 

The  Committee  appointed  to  take  under  Consideration  that  Paragraph  of  His 
Honour's  Speech  respecting  the  Western  Tribes  of  Indians  &c.  together  with  the 
Keport  of  the  Committee  respecting  that  Affair,  report  as  their  Opinion. 

That  a  Committee  be  appointed  to  contract  for  a  Quantity  of  Land,  of  the  Con- 
tents of  about  three  Miles  square  including  the  Hop  Lands,  lying  within  the  Town- 
ship of   Sheffield  &  agree  for  an  Equivalent  in  Province  I^ands,  or  otherwise  as 

they  shall  Judge  best: That  there  be  two  Schools  built  at  the  Charge  of  the 

Government,  wherein  the  Indian  Children  may  be  instructed,  one  for  the  Boys,  & 
another  for  tlie  Girls,  that  the  House  built  for  the  Boarding  School  be  tinished;  In 
which  the  Master  of  the  Boys  School  may  live  together  with  the  Boys  under  his 
Care,  It  being  expected  that  the  Girls  will  be  boarded  at  M'^  Sargeant's  in  Case  she 
undertakes  to  keep  the  School:  —That  the  maintenance  of  the  Indian  Children  in 
said  School,  both  as  to  Cloathing  &  Dieting  be  at  the  Expence  of  the  Government, 
except  so  far  as  is  provided  for  by  M''  Hollis,  or  by  the  Corporation  for  propagating 
the  Gospel :  —  • 

That  there  be  two  English  Youths  put  into  the  Boys  School  in  order  to  learn  the 
Indian  Tongue,  that  so  they  may  be  qualified  for  future  Service  to  the  Government 
among  the  Indians  to  be  boarded  at  the  Expence  of  the  Government;  — That  M'^ 
Ashley  be  retained  as  an  Interpreter,  who,  together  with  her  Husband  may  also  be 
employed  in  the  necessary  Services  of  the  Family;  And  that  there  be  an  expert  & 
industrious  Man  procured  to  Manage  the  Husbandry  on  the  School  Lands,  &  in- 
struct the  Youths  therein,  &  that  proper  Utensils  therefor  be  provided. 

That  Provision  be  made  for  the  Subsistence  of  the  Mohawk  Families  together  with 
what  they  may  be  able  to  supply  themselves  with  by  Hunting  until  they  shall  be 
able  to  raise  sometliing  upon  the  Lands  to  subsist  themselves:  — That  a  Letter  be 
wrote  to  the  Government  of  Connecticutt,  informing  tliem  of  the  Measures  taken 
by  this  Government  for  securing  the  Six  Nations  to  the  British  Interest,  as  well  as 
for  their  Instruction;  And  that  We  hope  &  expect  they  will  Join  in  them  &  con- 
tribute towards  the  Expence. 

That  this  Court  do  agree  to  the  Proposals  of  Sir  Peter  Warren  of  Appropriating 
the  Sum  of  Seven  hundred  Pountis  Sterling  in  his  hands  for  the  Education  of  the 
Mohawk  Children  &  that  he  be  immediately  advised  thereof,  &  desired  to  trans- 
mit the  same,  &  that  it  be  let  out  at  Interest;  &  the  Interest  be  applied  to  the 
Purposes  aforesaid. 

That  a  Letter  be  wrote  to  Mr  Hollis  of  London  (who  has  employed  Cpt.  Kellog  to 
support  &  educate  a  number  of  Indian  Children  at  his  Expence,  that  he  be  informed 
of  measures  taken  by  this  Government  for  the  like  Purposes,  &  desired  to  appoint 
one  or  more  Trustees  for  the  Management  of  his  Charity,  to  act  in  concert  with 
such  Persons  as  mav  be  appointed  by  the  Government  in  carrying  on  said  Design. 
And 

That  a  Committee  be  accordingly  appointed  by  this  Court  to  carry  into  Execu- 
tion the  foregoing  Design,  that  they  be  imix)wered  to  receive  such  Donations  from 
Time  to  Time  as  may  or  shall  be  offered  for  the  Encouragement  &  Support  of  said 
School :  That  they  have  the  Inspection  <&  Regulation  of  the  same,  &  the  manage- 
ment of  all  the  Prudentials  thereof,  subject  to  such  Directions  &  Instructions,  as 
they  shall  receive  from  this  Court  from  time  to  time:  said  Committee  to  be  account- 
able &  to  be  rewarded  for  their  Service 

Jacod  Wendell  4^"  order. 

In  the  House  of  Representees  Read  &  Accepted. 

In  Council;  Read  &  Concur'd Consented  to  by  the  Lieu*.  Govern''."— Ibid., 

pn.  o95,  39G. 

" "  May  29,  1761.  In  the  House  of  Representatives  Ordered  That  Col"  Partridge  M"" 
Higginsou  and  M'' Foster  with  such  as  the  honourable  Board  shall  join  be  a  Com- 
mittee to  project  some  method  for  the  redemption  of  Persons  that  belong  to  this 
Province  now  in  the  liands  of  the  French  and  Indians.  Also  to  consider  what  may 
be  proper  to  be  done  by  this  Government  to  encourage  the  propagation  of  the  Gos- 
pel among  the  aboriginal  natives  of  the  Land;  and  make  report.  In  Council  Read 
and  Concurred  and  Benjamin  Lynde  and  John  Choate  Esqi's  are  joined  in  the 
A&a\T."—Ibid.,  vol.  XXIV.,  p.  9. 

•'  June  2t},  1701.  And  Also  That  his  Excellency  the  Governor  be  desired  to  write 
Sir  William  Johnson  acquainting  him  with  the  proposal  of  this  Government  to 
have  an  Interview  with  the  said  Indians  and  make  'em  a  present,  and  desire  Sir 
William  to  inform  said  Indians  tliereof,  and  also  inform  his  Excellency  what  time 
and  place  he  judges  most  suitable  to  meet  the  said  Indians,  and  propose  to  their 
consideration  whether  it  wouhl  not  bo  agreeable  to  them  that  some  further  meas- 
ures be  taken  in  order  to  propagate  the  knowledge  of  the  Christian  Religion  among 
their  Trihe-^."— Extract  from  the  report  of  a  committee  appointed  to  consider  the  seriiiccs 
of  the  Six  Nations  :  ibid.,  p.  09.  < 

"  Nov.  14,  1701.  A  Petition  of  Eleazer  Wheelock  of  Lebanon  in  the  Colony  of 
Connecticutt,  Clerk— Setting  forth- That  lie  hath  for  many  Years  past  had  under 
his  care  and  instruction  a  number  of  Indian  Youth  some  of  whom  have  since  proved 
usefull;  That  He  is  now  about  to  enlarge  his  Plan  by  taking  into  his  School  some  of 
llio  Cliildren  of  the  Indians  of  the  Six  Nations:  that  He  hath  no  settled  Fund  for 
carrying  this  design  into  execution,  but  being  inform'd  that  this  (Government  hath 
appropriated  the  Interest  of  certain  moneys  received  from  Lady  Warren  for  the 


5()2  Pkovince  Laws. — 1761-62.  [Notes.] 

purpose  of  Educating  such  Indian  Children;  and  that  there  is  not  at  present,  nor 
Lath  been  since  the  receipt  of  said  money  any  Indian  Youth  upon  the  Foundation 
within  this  Province.  And  Praying  That  he  may  be  allowed  to  receive  the  inter- 
est of  said  money  for  the  purpose  aforesaid,  He  to  be  accountable. 

In  Council  Read  and  Ordered  That  Andrew  Oliver  and  Thomas  Hubbard  Esq" 
with  sucli  as  the  honorable  House  shall  join  be  a  Committee  to  take  this  Petition 
under  consideration  and  report.  In  the  House  of  Representatives  Read  and  Con- 
curred and  Colo  Clapp  and  M""  Bradbury  are  joined  in  the  AEdir."— Ibid.,  p.  104. 

"Nov.  23, 17(51.  The  Committee  appointed  tlie  18"»  Instant  on  the  Petition  of  the 
Rev*  Mr  Eleazer  Wheelock  reported  according  to  order  u^jon  which  the  following 
Vote  passed  viz' 

In  the  House  of  Representatives.  The  within  Report  being  read,  thereupon  Voted 
That  the  ReV^  M""  Wheelock  the  Petitioner  be  allowed  to  take  under  his  care  for 
one  Year  six  Indian  Children  of  the  Six  Nations  for  Education,  boarding  and  cloath- 
ing,  and  that  he  be  allowed  for  that  i^urpose  for  said  Children  or  for  so  many  of 
them  as  he  shall  receive  under  his  care  at  the  rate  of  twelve  pounds  ^  Annum  each 
for  one  Year  out  of  the  interest  of  Sir  Peter  Warrens  donations,  he  the  said  Whee- 
lock laying  before  this  Government  an  account  of  his  disbursment  on  said  Children, 
and  of  the  improvements  they  may  have  made  at  the  end  of  the  Year  when  he  shall 
apply  for  payment.  In  Council  Read  and  Concurred.  Consented  to  by  the  Gov- 
ernor."— Ibid,  p.  126. 

"  In  November  17(51,  the  Great  and  General  Court  or  Assembly  of  the  Province  of 
Massachusetts-Bay,  voted,  That  I  should  be  allowed  to  take  under  my  Care  six 
Children  of  the  Six  Nations,  for  Education,  Clothing  and  Boarding,  and  be  allowed 
for  that  Purpose,  for  each  of  said  Children,  121.  per  Annum  for  one  Year,  which 
Boys  I  have  obtained  and  they  have  been  for  some  Time  in  this  School." —  Wheelock' s 
"  Plain  and  Faithful  Narrative,"  Boston:  1763,  p.  40. 

Besides  the  above,  Wheelock  acknowledges  to  have  received  from  the  Province 
of  Massachusetts,  between  Nov.  27, 1762,  and  Nov.  27,  1763,  the  sum  of  £56  14s.,  and, 
in  the  three  following  years,  £81,  £27,  and  £54,  respectively,  sterling  money. 

"Jan.  20, 1762.  A  Memorial  of  Andrew  Oliver  Esq""  and  a  great  number  of  Others 
Inhabitants  of  the  Province— Setting  forth — That  the  signal  Success  of  his  Majesty's 
Arms  in  North  America  calling  for  our  grateful  Acknowledgments  to  Almighty 
God,  and  the  Subjection  of  Canada  affording  a  favourable  opertunity  to  spread  the 
knowledge  of  the  Protestant  Religion  among  the  Indians,  a  large  sum  has  been 
subscribed,  and  that  they  apprehend  it  would  be  so  much  increased  in  a  short  time 
by  other  Subscrijitions,  that  the  Profits  of  it  would  be  sufhcient  to  effect  some  Real 
Service  in  promoting  Christian  knowledge,  if  a  Society  was  erected  with  corporate 
jjowers  for  this  purpose. 

And  Praying  for  an  Act  of  Incorporation  vesting  the  Petitioners  with  such  others 
as  they  from  time  to  time  shall  elect  with  all  the  Powers  necessary  for  the  purpose 
aforesaid. 

In  Council  Read  and  Ordered  That  the  Prayer  of  the  Petition  be  so  far  granted  as 
that  the  Petitioners  have  liberty  to  bring  in  a  Bill  for  the  purposes  therein  mentioned. 

In  the  House  of  Representatives  Read  and  Concurred." — Council  Records,  vol. 
XNIV.,  p.  184. 

"  The  Professt  design  of  this  Act  would  have  made  it  very  difficult  for  me  to  have 
refused  my  consent  to  it  if  it  had  been  more  exceptionable  than  it  really  is.  But 
I  had  no  other  exception  than  that  it  afforded  a  caution  that  if  all  incorporations 
were  done  by  Acts  of  Assembly,  it  would  tend  in  time,  to  a  prescription  against  the 
King's  right  to  grant  Charters  of  incorporation.  The  danger  is  not  at  hand  at 
present,  as  this  is  the  second  Act  of  the  kind  ever  known,  An  Act  for  incorporating 
the  Marine  Society  being  the  first.  I  don't  reckon  within  this  rule  the  Acts  for 
enabling  Parishes  to  put  out  Trust  Money  for  their  Church  &c  (which  are  frequent) 
because  they  are  jirivate,  for  a  particular  purpose  and  contain  no  greater  powers 
than  parishes  have  by  general  Law  But  it  seems  to  me  that  before  another  Act 
of  this  kind  is  tcnderd  it  would  be  proper  to  provide  for  the  support  of  the  King's 
right  to  incorporate  by  Charter:  especially  as  this  riglit  has  been  denied  by  some 
people  both  in  the  agitation  of  this  business  and  upon  another  occasion  which  was 
as  follows: — 

Some  Gentlemen  at  the  Western  Extremity  of  this  Province  projected  a  Scheme 
for  founding  a  College  and  brought  in  a  Bill  for  that  purpose  which  passed  the 
House  and  was  rejected  by  the  Council  The  reasons  given  by  the  Council  for  re- 
jecting it  were  that  the  College  was  to  be  vested  with  University'  powers:  that  the 
Province  could  not  support  two  Universities  they  would  interfere  with  one  another. 
The  Gentlemen  then  applied  to  me  for  a  Charter  under  the  Province  Seal  and  they 
agreeing  to  drop  the  powers  excepted  to,  I  ordered  a  Charter  to  be  made  out  which 
giving  no  other  powers  but  to  hold  Lands  and  Money  and  sue  and  be  sued  I  thought 
ujust  be  unexceptionable.  Nevertheless  this  wouhl  not  do:  a  great  Cry  was  made 
against  this  Charter  upon  two  iioints— that  it  would  be  detrimental  to  the  old  Col- 
lege, that  it  would  be  injurious  to  the  rights  of  the  people.  I  had  given  so  many 
proofs  of  my  regard  for  the  old  College  that  there  was  no  pretence  to  suspect  me  of 
a  design  to  hurt  it;  and  there  was  as  little  room  to  presume  an  injury  to  the  rights 
of  the  people,  for  as  the  granting  Charters  is  a  right  belonging  to  the  King's  Seal 
and  the  Charter  of  the  Province  is  entirely  silent  about  it,  it  certainly  belongs  to 
the  King's  Seal  within  this  Province  in  the  same  manner  as  it  does  in  other  Royal 
Provinces. 

Nevei'theless  as  the  prosecution  of  this  Affair  was  no  ways  an  intrest  of  my 
Office  and  it  might  have  impeded  affairs  of  greater  consequence,  I  put  a  stop  to  the 
Charter,  still  insisting  on  the  King's  right  of  granting  Charters,  tho'  I  did  not  think 
proper  to  persist  in  perfecting  this  particular  one:  Upon  which  the  whole  dispute 


[Notes.]  Pkovince  Laws. — 1761-62.    •  563 

immediately  subsided.  It  liowever  persuaded  me  tliat  it  would  be  necessary  to 
guard  agaiust  the  King's  riglit  being  impeached  by  an  usage  of  graiitiug  incorpo- 
rations by  Act  only,  which  I  humbly  submit  to  Your  Lordships  consideration."  — 
Gov.  Bernard  to  Lords  of  Trade :  April  12,  1762.  "  Mass.  Bay,  B.  T.,"  vol.  78,  L.  I.,  33, 
in  Public  Record  Office. 

"Jan.  21,  17G3.  The  Memorials  of  the  Eev<i  M"-  Eleazer  Wheelock  of  Lebanon 
in  the  Colony  of  Connecticut,  and  of  James  Bowdoiu  Esq""  and  Otliers  arCom'««  ap- 
pointed by  the  Society  for  the  propagating  of  Christian  Knowledge  among  the 
Indians  of  North  America  relating  to  the  disposition  of  the  Interest  of  the  money 
granted  by  the  late  Sir  Peter  Warren  for  the  education  of  the  Youth  of  the  Six  In- 
dian Nations,  being  laid  before  the  Court- 
In  the  House  of  Representatives;  Read  and  Ordered  That  M^  Bradbury  M"" 
Foster  of  Plymouth,  and  Colo  Williams  of  Roxbury  with  such  as  the  honorable 
Board  shall  'join  be  a  Committee  to  take  these  Memorials  under  consideration  and 
make  report.— In  Council  Read  and  Concurred  and  Benjamin  Lin(;oln  and  James 
Otis  Esq''s  are  joined  in  the  Affair." — Council  Records,  vol.  XXIV..  p.  510. 

"  That  the  Act  for  incorporatimj  a  Society  for  proparjatin;j  Christian  Knoioledge 
amonr/st  the  Indian's  of  North  America,  should  be  taken  into  consideration  on  Friday 
next  the  4">  Feb'^y  and  that  the  Agent  for  the  Colony  should  have  notice  to  attend. 
Sandys."— ir»m<es  of  the  Board  of  Trade,  Jan.  28,  17(J3:  "  Trade  Papers,"  vol.  65, 
p.  32. 

"  Ordered  that  the  consideration  of  the  Act  passed  in  Massachusetts  Bay  in  1761 
for  incorporating  a  Society  for  propaf/atinrj  ChrlHtian  Knowledge  amow/st  the  Indians  of 
North  America  be  postponed.  Sandys."— Minutes  of  the  Board  of  Trade,  Feb.  4,  1763: 
ibid.,  p.  51. 

"  Feb.  3, 1763.  The  Committee  on  the  Petition  of  James  Bowdoin  Esq'"  and  the 
Revd  Mf  Wheelock  respecting  the  Interest  of  S""  Peter  Warrens  Donation  made 
report.  (Signed)  Benj*  Lincoln  ^  order.  In  Council  Read  and  sent  down."— 
Council  Records,  vol.  XXIV., p.  548. 

"  Feb.  16,  1763.  A  Petition  of  Joseph  Dwight  of  Great  Barrington— Setting  forth 
That  in  the  Year  1751  the  General  Court  ordered  a  number  of  Mohawk  Children  to 
be  taken  into  a  Scliool  at  Stockbridge  and  instructed  at  the  expence  of  this  Gov- 
ernment (together  with  a  number  of  Boys  then  maintained  at  the  expence  of  M"" 
Isaac  Hollis)  except  so  far  as  was  provided  for  by  M'  HoUis  or  by  the  Corporation 
lor  propagating  the  Gospel  upon  which  Order  of  the  Government  a  Committee  was 
appointed,  of  which  the  Petitioner  was  one  who  was  constantly  in  the  business 

and  expended  to  the  Amount  of  £120 Sterling  over  and  above  what  he   has 

ever  received,  an  Account  whereof  he  exhibited  to  the  Court  in  January  1754  for 
Allowance;  but  no  Allowance  being  then  made  him,  he  applyed  to  M""  Martyn  Kel- 
log— Executor  to  M""  Martyn  Kellog  Agent  to  said  Mr  Hollis,  who  had  assured 
him  of  payment  from  M^  Hollis;  whereupon  the  said  Executor  drew  his  Bills  upon 
him  for  the  said  Amount,  whi(!li  were  returned  protested  with  charge.  And  Pray- 
ing an  Allowance  therefor,  and  for  the  Interest  of  the  same  for  eight  years.  And 
furtlier,  Setting  forth.  That  in  the  Year  1754  in  consideration  of  his  personal  Ser- 
vice in  caring  and  providing  for  a  number  of  Mohawk  Families  invited  by  this 
Government  to  Stockbridge,"  the  Court  made  him  a  Grant  of  3  Rights  of  Land  in  a 
Township  between  Northampton  and  Pontoosuck,  which  land  was  not  reserved 
when  that  Township  was  sold  by  order  of  Court  in  June  last.  And  Praying  for  an 
Equivalent. 

In  the  House  of  Representatives;  Read  and  Resolvetl  That  there  be  allowed  and 
paid  out  of  the  Public  Treasury,  out  of  the  Interest  of  the  money  given  by  Sir  Peter 
Warren  for  pious  and  charitable  uses,  to  the  Petitioner  Joseph  Dwight  Esq''  the  sum 
of  One  hundred  and  sixty  pounds  in  full  for  his  Services  mentioned  in  said  Petition. 

And  further  Resolved  That  there  he  granted  to  the  said  Joseph  Dwight  One 
Thousand  Acres  of  Land  to  be  laid  out  in  two  parcels,  if  he  see  cause;  he  to  rc.turu 
a  plan  thereof  within  one  Y'ear  fi-om  this  time:  Provided  he  release  to  the  Province 
all  right  and  title  in  the  three  Rights  of  Land  mentioned  in  the  Petition.- In  Coun- 
cil Read  and  Concurred  Consented  to  by  the  Governor. "^/?;«(?.,  p-  ^^'•^■ 

"  Their  Lordships  took  into  consideration  an  Act  passed  in  the  Province  of  Massa- 
chusetts Bay  in  Feb'"y  17(i2,  to  incorporate  certain  persons  by  the  name  of  the  Society 
for  propaya'tinr/  Christian  Knowledf/e  amony  the  Indians  of  North  America,  and  the 
said  Act  appearing  liable  to  several  Objections,  it  was  ordered  that  the  Draught  of 
a  Representation  to  His  Majesty  be  prepared  proposing  it  may  be  repealed. 

*  *  *  *         C.  TowNSHEND." — Minutes  of  the 

Board  of  Trade,  March  15, 1763:  "  Trade  Papers,"  vol.  65,  p.  86. 

"  At  the  Court  at  S*  James's,  the  20'i  day  of  May  1763.     *  * 

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 
in  America,  are  authorized  and  empowered  to  constitute  and  ordain  Laws,  which 
are  to  continue  and  be  in  Force,  vinless  His  Majestys  Pleasure  be  signified  to  the 
contrary — And  Whereas  in  Pursuance  of  the  said  Commission  a  Law  was  passed 
in  the  said  Province  in  February  1762,  Entituled  as  follows— Viz' 

'  An  Act  to  incorporate  certain  Persons  by  the  Name  of  the  Society  for  jiropa- 
'  gating  Cliristian  Knowledge  among  the  Indians  of  North  America.- 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  MajcstNS  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  ought  to 
be  repealed— His  Majesty  taking  the  same  into  Consideration,  was  pleased,  with 
the  Advice  of  His  Privy  Council,  to  declare  His  Disallowance  of  the  said  Law; 
And  Pursuant  to  His  Majestys  Royal  Pleasure  thereupon  expressed,  the  said  l^aw 


564  Pr.oviNCE  Laws. — 1761-62.  [Notes.] 

is  hereby  repealed,  declared  Void,  and  of  none  Effect— "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. —     ■ 

W:  Blaib." — Order  in  Frivy  Council: 
3fass.  Archives,  vol.  14,  p.  345. 

"  June  14, 1764.  In  the  House  of  Representatives  Whereas  the  Great  &  General 
Court  in  November  1761  in  compliance  with  the  request  of  the  ReV^  M"^  Eleazer 
Wheelock  of  Lebanon  did  desire  hitn  to  procure  six  Indian  Bo.ys  of  the  Six  Nations 
of  the  Mohawk  Indians  to  be  educated  in  the  Indian  Charity  School  under  his  care, 
he  to  instruct,  subsist  and  cloath  them,  the  Cost  of  which  was  to  be  paid  out  of  the 
Income  of  Sir  Peter  Warren's  charitable  donation  for  that  purpose;  which  Boys  were 
obtained,  educated,  subsisted  and  cloathed  by  said  M'"  Wheelock,  and  the  Account 
of  the  Charge  given  to,  and  paid  by  the  General  Court  out  of  the  said  Donation; 
and  in  the  month  of  June  1762,  the  General  Court  resolved  That  the  sum  of  Twelve 
pounds  be  further  granted  to  the  said  M''  Wheelock  for  subsisting  &  educating 
said  six  Indian  Boys  out  of  the  said  Donation  from  the  27  Novemb"^  1762  to  27  No- 
vem""  1763,  and  it  appearing  that  hve  of  said  Boys  are  still  supported  and  educated 
by  said  M''  Wheelock,  the  charge  of  which  amounts  to  more  than  the  Allowance 
granted.  Resolved  That  the  Sum  of  Seventy  two  pounds  be  allowed  and  paid  to  the 
Rev<*  M""  Wheelock  for  subsisting  and  instructing  the  said  five  Indian  Boys  from 
the  27  November  1763  to  27"^  November  1761,  provided  that  the  said  five  Boys  con- 
tinue under  his  care  till  that  time,  provided  also  he  subsists  and  educates  in  his 
School  the  Indian  named  Joseph,  one  of  the  Six  that  went  out  as  an  Interpreter,  all 
the  time  that  he  may  continue  with  him  upon  his  return  from  this  time  to  the  said 
27"i  of  November  1764,  the  whole  to  be  paid  out  of  the  Income  of  said  Sir  Peter 
Warren's  Donation,  the  one  half  of  said  Sum  to  be  paid  to  the  said  M"^  Wheelock 
now,  the  other  half  on  the  said  27  Novem.  1764,  he  rendring  an  Account  to  this 
Court  for  their  Allowance.— In  Council  Read  and  Concurred  Consented  to  by  the 
Governor.'' — Connvil  Records,  vol.  XXV., p.  266. 

"  June  13,  1765.  A  Petition  of  the  Rev<i  M""  Eleazer  Wheelock  of  Lebanon— set- 
ting forth — That  he  hath  so  far  instructed  the  six  Mohawk  Indian  Boys  in  his 
School,  whom  this  Government  had  taken  under  their  patronage  as  that  tliey  are 
now  qualified  to  Teach  School  among  their  own  Nation,  and  it  is  now  thought 
proper  that  they  should  return  home  for  a  season,  and  be  imployod  in  that  business 
under  the  Conduct  and  direction  of  several  Missionaries  who  are  appointed  to  go 
among  the  six  Nations.  That  he  is  encouraged  by  Sir  W'"  Johnson  to  expect  soma 
more  of  the  youth.  And  praying  that  he  may  be  allowed  now  to  receive  the  Interest 
of  S''  Peter  Warren's  Donation  lor  the  last  half  year,  and  that  the  Court  would  con- 
tinue this  allowance  to  him  for  the  Cloathing  these  youths  that  are  now  going  and 
for  supporting  tliem  in  their  absence;  and  towards  the  supporting  &  instructing 
three  more  that  will  be  left  still  under  his  cai'e. 

In  the  House  of  Representatives.  Resolved  That  there  be  paid  to  the  Rev"!  M"" 
Eleazer  Wheelock  the  Sum  of  Forty  two  pounds  for  the  Boarding  and  Educating 
the  Indian  Boys  in  his  Petition  mentioned  for  Seven  Months  ending  the  27">  day  of 
June  current.  And  that  the  further  Sum  of  Thirty  pounds  l)e  paid  to  the  said  M'' 
Wheelock  in  order  to  Cloath  said  Indian  Boys  for  their  decent  return  to  their 
friends,  and  both  Sums  to  be  paid  out  of  the  Interest  of  Sir  Peter  Warren's  Dona- 
tion; and  that  the  Ajiplication  of  such  Interest  to  the  maintenance  of  Indian  Boys 
in  the  Colony  of  Connecticut  discontinue  and  cease. 

In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor." — Ibid.,  vol. 
XYF/..^.  23. 

Chap.  .33.  "  Nov.  20,  1761.  A  Petition  of  James  Athearne  and  Jonathan  Allen 
Agents  for  the  Towns  of  Tisbury  and  Chilmark — Setting  forth— That  the  first  Set- 
tlements of  the  English  on  Martha's  Vineyard  were  at  the  East  end  of  the  Island, 
and  Edgartown  was  accordingly  made  the  Shire  Town,  where  the  County  Courts 
have  been  held  ever  since;  but  that  the  greater  part  of  the  Inhabitants  are  now  set- 
tled in  the  Towns  of  Tisbury  and  Chilmark  at  the  West  end  of  the  said  Island 
And  as  it  will  not  only  best  accomodate  the  Inhabitants  of  Martha's  Vineyard,  but 
those  also  of  the  Elisabeth  Islands  and  of  Nomans  Land  to  have  the  County 
Courts  held  at  the  West  end  of  the  Island  of  Martha's  Vineyard,  Praying  that  Tis- 
bury may  be  made  the  Shire  Town,  and  the  County  Courts  held  there  for  the  future 
accordingl3- — 

In  Council  Read  and  Ordered  That  the  Petitioners  serve  the  Town  of  Edgartown 
with  a  copy  of  this  Petition  that  they  shew  cause  (if  any  they  have)  on  the  second  , 
Thursday  of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof  should  not  be 
granted.    In  the  House  of  Representatives  Read  and  Concurred." — Council  Rec- 
ords, vol.  XXIV.,  p.m. 

"  Jan.  22, 1762.  A  Petition  of  James  Athearn  and  Jonathan  Allen  of  Martha's 
Vineyard,  Praying  as  entered  20*November  last.  That  the  Inferior  Court  of  Com- 
mon Pleas  &c  "  may  for  the  future  be  held  in  Tisbury,  and  that  it  may  be  made  the 
Shire  Town  of  Dulies  County  for  the  reasons  therein  mentioned. 

In  Council  Read  again  together  with  the  Answer  of  the  Town  of  Edgartown  and 
Ordered  That  Benjamin  Lynde  and  John  Gushing  Esq'^  with  such  as  the  honourable 
House  shall  join  be  a  Committee  to  take  the  same  under  consideration  hear  the 
Parties  and  report. 

In  the  House  of  Representatives  Read  and  Concurred  and  M""  Tyler,  Cap'  Liver- 
more  and  Cap'  Richardson  are  joined  in  the  Affair." — Ibid.,  p.  191. 
•  "  Feb.  6,  1762.    On  the  Petition  of  James  Athearn  and  Jonathan  Allen  as  entered 

the  22d  of  January. 

In  Council  Ordered  That  John  Choate  Esq''  be  of  the  Committee  on  this  Petition 
in  the  room  of  Benjamin  Lynde  Esq''  who  is  absent. 


[Notes.]  Pkovince  Laws. — 1761-62.  565 

In  the  House  of  Representatives  Read  and  Concurred."— J&zd.,  p.  233. 

"  Feb.  9,  1762.    The  following  Report  was  made  and  acted"  upon  viz' 

The  Committee  to  whom  was  referred  the  Petition  of  the  Agents  of  the  Towns  of 
Tisbury  and  Chilmark  with  the  Answer  thereto  and  fully  heard  the  Parties  are 
of  opinion  that  the  Prayer  be  so  far  granted,  as  that  the  Court  of  General  Sessions 
of  the  Peace  and  Inferior  Court  of  Common  Pleas  which  by  Law  is  to  be  held  at 
Edgartown  within  and  for  said  County  of  Dukes  County  on  the  last  Tuesday  of 
October  annually,  instead  thereof  for  the  future  shall  be  held  and  kept  at  Tisbury 
•within  and  for  said  County  of  Dukes  County  annually  on  the  last  Tuesday  of  Oc- 
tober, And  that  the  Petitioners  have  leave  to  bring  in  a  Bill  accordingly. 

(Signed)    Jno  Cushing  ^P*  order 

In  Council  Read  and  Accepted  In  the  House  of  Representatives  Read  and  Con- 
curred."— Ibid.,  p.  241. 

Chap.  34.  "Feb.  11,  1762.  In  the  House  of  Representatives;  Whereas  the  Court 
of  General  Sessions  of  the  Peace  and  Inferior  Court  of  Common  Pleas  for  the 
County  of  Hampshire  which  by  Law  is  appointed  to  be  held  at  Northampton  on 
the  second  Tuesday  of  February  current  by  order  of  this  Court  stands  adjourned  to  the 
last  Tuesday  of  said  February:  And  Whereas  several  of  the  Justices  of  said  Court 
are  now  attending  this  Court  and  probably  will  be  detained  upon  the  business  of 
the  Government:  Therefore  Ordered,  That  the  said  Court  of  General  Sessions  of  the 
Peace  and  Inferior  Court  of  Common  Pleas  which  by  order  of  this  Court  stand  ad- 
journed to  the  last  Tuesday  of  February  current  be  further  adjourned  to  the  third 
Tuesday  of  March  next,  and  then  to  be  holden  at  Northampton  in  said  County  at 
ten  of  the  clock  in  the  forenoon  of  the  same  day:  And  all  Pleas,  Writs,  Actions, 
Suits,  Plaints,  Processes,  Precepts,  recognizances  and  other  matters  whatever  re- 
turnable or  having  day  at  said  Court  shall  stand,  abide  and  contihue  unto  the  said 
third  Tuesday  of  Marcli,  and  shall  then  have  day,  be  heard  and  tried  and  proceeded 
in  by  said  Courts  respectively  at  said  Northampton,  and  shall  be  deemed  and  held 
as  good,  effectual  and  available  in  Law  to  all  intents  and  purposes  whatsoever  as  if 
the  said  Courts  had  been  held  and  kept  at  the  time  and  place  by  Law  provided  for 
holding  the  same  and  no  adjournment  thereof  had  been  made.  In  Council  Read 
and  Concurred  Consented  to  by  the  Governor." — Council  Records,  vol.  XXIV.,  p.  251. 

Chap.  36.  "March  27, 1761.  A  Petition  of  Donald  Cummings  and  others  Inhab- 
itants of  the  Town  of  Biddeford  in  the  County  of  York— setting  forth  that  since  the 
Division  of  the  County  of  York,  it  would  be  more  Convenient  that  some  of  the 
County  Courts  should  be  held  elsewhere,  and  Praying  that  such  for  the  future  be 
held  at  Biddeford, 

In  Council  Read  and  Ordered  that  Samuel  Danforth  and  Ezekiel  Cheever  Esq" 
te  a  Committee  with  as  the  hon'''"  House  shall  join  to  take  this  Petition  under 
consideration  and  report.  In  the  House  of  Representatives  read  and  concurred  and 
Ordered  that  Major  Cushing  M''  Powell  and  M^  Bowers  be  joined  in  the  Affair." — 
Council  Records,  vol.  XXIII.,  p.  667. 

"  April  15,  1761.  The  Committee  appointed  the  27*  March  last  on  the  Petition  of 
a  Number  of  the  Inhabitants  of  the  Town  of  Biddeford,  Praying  That  the  Court  of 
General  Sessions  of  the  Peace  and  Inferior  Court  of  Common  Pleas  which  has  here- 
tofore been  held  at  Falmouth  on  the  first  Tuesday  of  October  annually  may  here- 
after be  held  at  Biddeford  Reported  that  the  Prayer  of  said  Petition  be  granted,  and 
that  the  Petitioners  have  leave  to  bring  in  a  Bill  accordingly. 

(Signed)  S:  Danforth  4P  order. 

In  Cotmcil  Read  and  Accepted  In  the  House  of  Representatives;  Read  and  Non- 
concurred  and  Ordered  that  the  further  consideration  of  this  Report  be  referred  to 
next  May  Session  and  that  the  Petitioners  serve  the  several  Towns  in  the  County  of 
York  with  a  Copy  of  said  Petition  by  inserting  the  substance  thereof  in  one  of  the 
Public  News  Prints,  that  they  give  Answer  the  second  Tuesday  of  next  May  Ses- 
sion (if  they  see  Cause)  why  the  Prayer  thereof  should  not  be  granted — In  Council 
Read  and  Concurred." — Ibid.,  p.  731. 

"June  11,  1761.  A  Petition  of  Donald  Cummings  ik,  others.  Inhabitants  of 
Biddeford  in  the  County  of  York— Praying  that  one  Inferior  Court  in  a  Year 
may  be  held  in  said  Town,  as  entered  15*  April  last. 

In  Council  Read  again  together  with  the  Answer  of  a  great  number  of  Persons, 
Inhabitants  of  divers  Towns  in  the  County  of  York,  And  Ordered  That  Benjamin 
Lincoln  and  Thomas  Flucker  Esqi's  with  such  as  the  honourable  House  shall  join  be 
a  Committee  to  take  the  same  under  consideration  and  report.  In  the  House  of 
Representatives  Read  and  Concurred  and  Maj"^  Hartwell,  Col"  Prescot  and  M""  Lan- 
caster are  joined  in  the  Afta.\v.—Ibid.,  vol.  XXIV.,  p.  33. 

"June  13,  1761.  The  following  Report  of  a  Committee  was  made  to  the  two 
Houses  viz' — 

The  Committee  to  whom  was  referred  the  Petition  of  the  Town  of  Biddeford  and 
the  several  Answers  thereto  beg  leave  to  report  that  having  examined  the  former 
orders  of  this  Court,  they  find  the  Towns  were  to  be  notified  by  inserting  the  sub- 
stance of  the  Petition  in  one  of  the  public  Prints,  the  answers  to  which  the  Com- 
mittee observe  are  not  from  the  several  Towns  considered  as  such,  but  from 
Individuals  in  the  same;  and  as  the  Members  of  the  said  Towns  are  most  of  them 
returned  home,  the  Committee  are  of  opinion  that  the  consideration  of  this  Affair 
be  referred  to  the  second  Tuesday  of  the  next  Session  of  this  Court,  and  that  the 
several  Towns  be  further  notified  by  the  Town  Clerk,  of  Biddeford;  and  that  by 
inserting  the  substance  of  the  said  Petition  in  a  notification  in  writing  posted  up  in 
the  most  public  place  in  the  several  Towns  within  the  said  County. 

(Signed)    Benj»  Lincoln  ^  order. 


566  Province  Laws.— 1761-62.  [Notes.] 

In  Council  Read  and  Accepted.  And  Ordered  That  the  Town  Clerk  of  Biddeford 
be  directed  to  notify  the  several  Towns  in  the  County  of  York  of  the  Petition  of 
said  Town  for  establishing  one  of  the  County  Courts  therein,  by  inserting  the  sub- 
,  stance  of  said  Petition  together  with  this  order  in  a  notification  in  writing  to  be 

posted  up  in  the  most  public  place  in  each  Town,  that  they  shew  cau.se  if  any  they 
have  on  the  second  Tuesday  of  the  next  sitting  of  this  Court  why  the  Prayer 
thereof  should  not  be  granted.  In  the  House  of  Representatives  Read  and  Con- 
curred."— Ibid.,  2).  4:2. 

"  June  1(>,  17(il.  A  Petition  of  a  number  of  the  Inhabitants  of  the  Town  of 
-VVells— Praying  Tliat  in  consideration  of  the  merits  of  said  Town  as  a  Barrier  for 
many  Years  against  the  Enemy,  and  the  convenience  of  the  situation;  the  County 
Court  which  before  the  division  of  the  County  used  to  be  held  at  Falmouth  may 
for  the  future  be  held  at  Wells. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Town  Clerk  of 
Wells  be  directed  to  notify  the  several  Towns  in  the  County  of  York  of  the  Peti- 
tion of  said  Town  by  *  establishing  one  or  more  of  the  County  Courts  therein  by 
inserting  the  substance  of  said  Petition  together  with  this  order  in  a  notification  in 
writing  to  be  posted  up  in  the  most  public  place  in  each  Town,  that  they  shew 
cause,  if  any  they  have  on  the  second  Tuesday  of  the  next  Sitting  of  this  Court, 
why  the  Prayer  thereof  should  not  be  granted.  In  Council  Read  and  Concurred."— 
Ibid.,  p.  46. 

"  Feb.  10, 1762.  A  Petition  of  a  number  of  the  Inhabitants  of  the  Town  of  Wells, 
Praying  that  one  or  more  of  the  County  Courts  may  be  held  in  the  said  Town,  as 
entered  the  1&^  of  June  last. 

In  Council  Ordered  That  this  Petition  be  revived  And  that  John  Cushing  and 
Gamaliel  Bradford  Esqjs  with  such  as  the  honourable  House  shall  join  be  a  Com- 
mittee to  take  the  Petition  and  Answers  under  consideration  and  report.  In  the 
House  of  Representatives  Read  and  Concurred  and  Cap'  Howard,  M""  Brown  of 
Newbury  and  M'  Phillips  of  Andover  are  joined  in  the  Affair."— 7&«d.,  p.  247. 

"Feb.  11, 1762.  In  Council  Ordered  That  the  Petition  of  the  Town  of  Biddeford 
be  revived  and  that  John  Cushing  and  Gamaliel  Bradford  Esq^^  with  such  as  the 
honourable  House  shall  join  be  a  Committee  to  take  this  Petition  and  Answer  un- 
der consideration  and  report.  In  the  House  of  Representatives  Read  and  Con- 
curred and  Capt  Howard,  M'  Brown  of  Newbury  and  M^  Phillips  of  Andover  are 
joined  in  the  Affair." — Ibid.,  p.  253. 

"  Feb.  18, 1762.  The  Committee  appointed  the  11*  Instant  on  the  Petition  of  the 
Town  of  Biddeford  made  report,  (Signed)  Jn"  Cushing  ^  order. 

In  Council  Read  and  Accepted,  And  Resolved  That  the  Petitioners  Inhabitants 
of  the  Town  of  Biddeford  have  liberty  to  bring  in  a  Bill  for  establishing  the  hold- 
ing the  Court  of  General  Sessions  of  the  Peace  and  Inferior  Court  of  Common  Pleas 
on  the  first  Tuesday  in  October  Yearly  in  Bideford;  which  before  the  division  of 
the  County  of  York  was  established  to  be  held  at  Falmouth:  And  that  the  Petition 
of  the  Town  of  Wells  be  dismissed. 

In  the  House  of  Representatives  Read  and  Concurred."— Ibid.,  p.  270. 

Chap.  39.  "  Feb.  18,  1762.  An  engrossed  Bill  intituled  '  An  Act  for  granting  sev- 
eral Bounties  upon  Wheat  and  Flour,  having  passed  the  House  of  Representatives 
to  be  Enacted. 

In  Council  Read  a  third  time  and  the  Question  put,  whether  this  Bill  pass  to  be 
Enacted  ?    It  passed  in  the  Negative. 

Thomas  Cushing  Esq""  from  the  House  of  Representatives  came  up  to  the  Board 
with  a  Message  to  inquire  if  the  Board  had  passed  upon  the  engrossed  Bill  sent  up 
from  the  House  for  granting  several  Bounties  upon  Wheat  and  Flour. 

Benjamin  Lincoln  Esq""  from  the  Board  went  down  to  the  House  to  inform  them 
that  the  Board  had  Nonconcur'd  the  said  Bill. 

In  Council  Ordered  That  Andrew  Oliver,  James  Bowdoin  and  John  Choate  Esq" 
with  such  as  the  honorable  House  shall  join  be  a  Committee  to  project  some  proper 
method  for  encourageing  the  raising  of  Wheat  within  this  Province.  In  the  House 
of  Representatives  Read  and  Unanimously  Nonconcurred. 

James  Otis  Esq''  from  the  House  came  up  to  the  Board  with  a  Message  to  desire 
that  the  Bill  for  granting  several  Bounties  upon  Wheat  and  Flour  might  be  sent 
down  to  the  House. 

John  Choate  Esq*^  from  the  Board  went  down  to  the  House  with  the  said  Bill." — 
Council  Records,  vol.  XXIV.,  p.  273. 

"Feb.  20,  1762.  A  Bill  intituled  'An  Act  for  granting  several  Bounties  upon 
Wheat  and  Flour,'  having  passed  the  House  of  Representatives  to  be  Engrossed 
with  divers  Amendments  upon  the  Bill  first  passed,  In  Council  Read  a  first  and 
second  time  and  passed  a  concurrence  to  be  Engrossed." — Ibid.,  p.  276. 

Chap.  42.    See  note  to  1762-63,  chapter  8,  and  1765-66,  chapter  23,  post. 

Chap.  43.    See  note  to  1760-61,  chapter  34,  ante,  and  1762-63,  chapter  8,  post. 

Chap. '15.  "Jan.  24, 1763.  A  Petition  of  Nathaniel  Holman  and  Charles  Baker 
Agents  for  the  Town  of  Templeton,  Setting  forth  their  inability  in  this  their  Infant 
state  to  defrey  the  necessary  Charges  of  the  Town,  pay  their  Ministers  Salary  and 
finish  their  Meeting  House.  And  Praying  that  a  tax  of  one  peny  half  peny  ^  Acre 
be  laid  upon  all  the  Lands  in  the  Town  for  five  Years  successively  in  order  to  raise 
money  for  the  purposes  aforesaid— 

In  the  House  of  Representatives ;  Read  and  Ordered  That  the  Petitioners  serve 

*  Sic:  for. 


[Notes.]  Pkovince  Laws. — 1761-62.  *  567 

the  Proprietors  of  the  Lands  in  the  Town  within  mentioned  with  a  copy  of  tliis 
Petition  hy  inserting  the  substance  thereof  in  two  of  the  Boston  News  Papers  three 
Weeks  successively  that  so  they  shew  cause  if  any  they  have  on  the  second  Thurs- 
day of  the  next  Session  of  this  Court  why  the  Prayer  thereof  sliould  not  be  granted. 
In  Council  Read  and  Concurred."— C'o!(/ici7  Recovdn,  vol.  XXIV.,  p.  514. 

"  June  10,  17()3.  Upon  the  Petition  of  the  Town  of  Templeton  as  entered  the  24"» 
of  January  last,  the  following  Order  passed  the  Court  viz'  In  the  House  of  Eepre- 
sentatives  Read  and  Revived.  And  Ordered  that  a  Tax  of  one  peny  ^  acre  be 
imposed  upon  all  the  Lands  in  Templeton  for  Two  Years  for  the  purposes  within 
mentioned.  The  First  Year  ending  on  the  first  day  of  Novemr  next:  the  second 
Year  to  commence  from  that  time,  and  the  assessors  and  constables  or  collectors 
in  said  Templeton  are  hereby  respectively  authorized  and  impowered  to  collect  the 
same. 

In  Council  Read  and  concurred  Consented  to  by  the  Governor,"— 76j(f.,  vol. 
XXV.,  p.  51. 

See,  also,  note  to  1762-63,  chapter  8,  post. 

Chap.  46.    See  note  to  1762-63,  chapter  8,  post. 

Chap.  47.    "  June  4,  1762.    A  Petition  of  John  Chadwick  and  others  a  Committee  \ 

of  the  Proprietors  and  Inhabitants  of  the  Township  heretofore  called  Number  one 
lately  in  the  County  of  Hampshire,  now  in  the  County  of  Berkshire,  and  made  a 
Town  by  the  name  of  Tyringham,  Setting  forth,  That  the  said  Proprietors  before 
the  Town  was  incorporated,  did  at  sundry  times  make  Grants  of  money  for  the 
Support  of  the  Public  Worship,  and  making  Roads  in  said  Place;  but  that  there  are 
certain  delinquent  Proprietors  who  think  themselves  freed  from  paying  what  they 
have  been  assessed,  by  the  Act  lately  making  them  a  Town,  And  Praying  that  they 
may  be  enabled  to  levy  and  collect  the  several  sums  heretofore  granted  by  the  Pro- 
prietors. Also  praying  that  the  said  Town  of  Tyringham  may  be  authorised  to 
raise  money  to  defrey  the  necessary  charges  that  have  arisen  in  said  Township  before 
it  was  incorporated,  to  be  levied  upon  the  Propriety  agreeable  to  their  former 
method  of  taxing.  And  further  that  such  Proprietors  as  have  neglected  settling 
their  Lands  according  to  the  tenor  of  the  Grant  may  be  compelled  so  to  do,  and  that 
their  Lands  may  be  taxed  in  the  meantime. 

In  the  House  of  Representatives  Resolved  That  the  Inhabitants  of  the  Town  of 
Tyringham  in  the  County  of  Berkshire  lately  the  Proprietors  of  the  Township 
called  Number  one  in  said  County  be  and  they  hereby  are  impowered  to  levy  and 
collect  all  such  Taxes  as  have  already  been  granted  and  ordered  by  said  Proprietors 
and  assessed  on  their  Lands  in  the  same  manner  as  by  Law  they  might;  and  that 
the  proper  officers  for  levying  and  collecting  the  same  have  use  and  exercise  all  the 
same  Power  in  Levying  and  collecting  thereof  as  they  might,  could  or  had  by  the 
Laws  of  this  Province  before  their  incorporation  into  a  Town. — And  that  the  Pe-  ' 
titioners  notify  the  Nonresident  Proprietors  of  Lands  in  said  Tyringham  that  they 
shew  cause  on  the  Second  Wednesday  of  the  next  Session  of  this  Court  why  their 
Lands  should  not  be  taxed  towards  defreying  the  necessary  charges  arising  within 
the  said  Town  until  they  settle  the  same  and  comply  with  the  Original  Grant  of  said 
Township  by  inserting  the  substance  of  this  Resolve  in  all  the  Boston  Public  News 
Papers  for  three  Weeks  successively,  thirty  days  at  least  before  the  said  day.  In 
Council  Read  and  Concurred  Consented  to  by  the  Governor." — Council  Records, 
vol.  XXIV.,  p.  ^OZ. 

"  Jan.  31, 1763.  Timothy  Woodbridge  Esqi"  from  the  House  came  up  to  the  Board 
on  a  Message  to  desire  that  the  Petition  of  the  Inhabitants  of  Tyringham  may  be 
sent  down  to  the  House — 

James  Otis  Esq'^  from  the  Board  went  down  to  the  House  with  the  said  Petition." 
—Ibid.,  p.  537. 

"  Feb.  1,  1763.  A  Petition  of  a  Committee  of  the  Town  and  Proprietors  of  Ty- 
ringham, Praying  that  they  may  be  enabled  to  levy  and  collect  money  for  building 
a  Meeting  House  and  for  Support  of  the  Minister  as  entered  4  June  last. 

In  the  House  of  Representatives  Read  and  Ordered  That  this  Petition  be  revived 
and  thereupon  Ordered  That  the  Petitioner  serve  the  Nonresident  Proprietors  of 
Lands  in  said  Tyringham  in  one  of  the  Boston  News  Papers  three  weeks  succes- 
sively, that  so  they  shew  cause,  if  any  they  have,  on  the  second  Wednesday  of  the 
next  May  Session  why  the  Prayer  thereof  should  not  be  granted.  In  Council  Read 
and  Concurred." — Ibid.,  2^-  540. 

See  note  to  1760-61,  chapter  34,  ante,  and  1762-63,  chapter  8,  post. 

CJiap.  48.  In  his  zeal  to  hasten  the  revocation  of  the  order  stopping  the  payment 
of  the  1759  money  until  a  balance,  appearing  to  be  due  from  the  province  in  the  ac- 
counts of  the  Earl  of  Kinnoul,  was  adjusted,  Mr.  Bollan,  upon  the  calculation,  and 
showing  of  the  books,  of  Messrs.  Hanbury  and  Thomlinson,  contractors  for  remit- 
ting money  for  the  army,  and  without  waiting  for  further  evidence,  admitted  that 
the  colonies  had  been  overpaid  by  the  contractors,  and  consented,  as  the  condition 
of  his  receiving  the  province's  share  of  the  grant,  that  £735, 16s.  lOd.,  estimated  to 
be  the  province's  share  of  this  debt,  should  be  deducted.  No  such  debt  was  actually 
due;  but  it  was  inferred  from  a  fictitious  entry  in  the  accounts  of  Mr.  Apthorp,  the 
contractors'  agent  in  America,  who  had  since  died.  This  entry,  it  appears,  was 
made  in  order  to  reconcile  Mr.  Apthorp's  accounts  Avith  those  of  his  principals,  there 
being  a  difference  in  their  accounts,  of  twopence  per  dollar,  in  reducing  to  the  Brit- 
ish denomination  the  money  which  had  been  shipped  in  dollars.  Though  the 
necessities  of  the  province  at  that  critical  juncture  seem  to  have  justified  Gov. 
Shirley  in  assuming  the  risk  of  lending  government  money,  in  1756  (see  1755-56, 


568  Province  Laws. — 1761-62.  [Notes.] 

chap.  27,  note,  and  1759-60,  chap.  Ifj,  note),  still,  it  would  seem  that  had  the  trans- 
actions relating  to  the  loan  and  its  repayment  been  thronfjh  the  regnlar  channels, 
and  upon  jiroper  vouchers,  all  misunderstanding  and  delay  might  have  been 
avoided. 

In  dealing  with  a  case  so  out  of  the  usual  course,  it  is  difficTilt  to  see  how  Mr. 
Bollan  could  have  acted  differently,  in  the  interests  of  the  province,  and  upon  the 
only  evidence  that  was  immediately  available.  Nevertheless,  it  appears  that  this 
misunderstanding,  added  to  the  objections  ]n"eviously  urged  against  him,  was  suf- 
ficient to  defeat  his  re-election;  and,  accordingly,  on  the  23d  of  April,  1762,  Mr. 
Jasper  Mauduit  was  chosen  to  succeed  him. 

Richard  .Jackson,  Junior,  appointed  as  his  substitute,  to  receive  the  money,  was 
alsf)  recommended  to  Mr.  Mauduit  as  a  person  proper  to  be  consulted  by  him  on  all 
matters  of  law. 

"  April  23,  1762.  Royall  Tyler  Esq""  from  the  House  came  up  with  a  Message  to 
the  Board  to  acquaint  them  that  the  House  had  agreed  to  come  to  the  choice  of  an 
Agent  at  3  o'clock  in  the  Afternoon  and  to  desire  the  Board  would  join  with 
them  in  said  choice. 

William  Brattle  Esq""  from  the  Board  went  down  to  the  House  of  Representatives 
to  inform  them  the  Board  agree  to  said  proposal,  and  desire  it  may  be  under- 
stood that  whoever  shall  be  chosen  Agent,  shall  have  some  person  joined  with  him 
in  receiving  and  remitting  the  Parliamentary  Grant." — Council  Records,  vol.  XXIV., 
2).  360. 

"  April  23,  1762.  Thomas  Foster  Esqi"  from  the  House  came  up  with  a  Message  to 
the  Board  to  acquaint  them  that  the  House  was  ready  to  bring  in  their  Votes  for  an 
Agent. 

Isaac  Royall  Esq'  from  the  Board  went  down  to  the  House  of  Representatives  to 
inform  them  that  the  Board  were  also  ready  to  join  with  them  in  said  choice. 

In  Council;  The  two  Houses  pursuant  to  Agreement  proceeded  to  the  choice  of 
an  Agent  for  the  Province  inGreatBritain,by  Joint  Ballot:  upon  sorting  and  count- 
ing the  Votes  it  appeared  that  Jasper  Mauduit  Esq""  was  chosen  by  a  Majority  of 
the  Votes.    Consented  to  by  the  Governor." — Ibid.,  p.  366. 

"  April  23,  1762.  In  the  House  of  Representatives  Ordered  that  Royal  Tyler  James 
Otis  and  Thomas  Gushing  Esq"  be  a  Committee  with  such  as  the  honourable  Board 
shall  join  to  prepare  Instructions  for  Jasper  Mauduit  Esq""  Agent  for  this  Province 
at  the  Court  of  Great  Britain.  In  Council  Read  and  Concurred  and  William  Brat- 
tle and  James  Bowdoin  Esq'^^  are  joined  in  the  Affair." — Ibid.,  p.  370. 

"  April  24, 1762.  The  Committee  appointed  to  prepare  Instructions  for  Jasper 
Mauduit  Esq""  Agent  for  this  Province  at  the  Court  of  Great  Britain,  report  the  draft 
of  three  Letters,  one  to  M""  Bollan,  one  to  M""  Agent  Mauduit  and  another  to  M"" 
Jackson,  which  was  read  and  in  Council  Read  and  accepted.  And  Ordered  That  the 
Secretary  cause  three  fair  copies  to  be  made  of  the  Letters  to  M""  Bollan  M""  Maud- 
tiit  and  M''  Jackson  and  transmit  them  to  the  said  Gentlemen  respectively  by  three 
good  Conveyances  as  soon  as  may  be — In  the  House  of  Representatives  Read  and 
Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  374. 

"  April  24, 1762.  Thomas  Gushing  Esqr  from  the  House  of  Representatives  came 
up  with  a  Message  to  the  Board  to  propose  Amendments  on  Letters  to  the  Agent 
&ca 

William  Brattle  Esq''  from  the  Board  went  down  to  the  House  of  Representatives 
with  a  Message  to  inform  them  that  they  had  concurred  the  several  proposed 
Amendments  in  the  Letters  to  the  Agent  Ac*  and  had  nothing  lying  before  them." 
—Ibid.,  p.  376. 

"There  had  been  a  great  division  in  the  Assembly  about  a  proper  person  for 
agent  in  England.  At  lengththemajority  agreed  upon  Jasper  Mauduit,  Esq.,  known 
to  the  principal  members,  as  treasurer  to  the  society  for  propagating  the  gospel 
among  the  Indians  in  New  England  and  parts  adjacent,  and  in  esteem  for  his  great 
integrity.  It  afterwards  appeared  that  the  business  of  the  agency  was  managed  by 
his  brother,  Israel  Mauduit,  Esq.,  a  gentleman  of  superior  talents;  and  the  House 
being  sensible  of  it,  passed  a  vote  appointing  him  agent  for  the  province  in  the 
room  of  his  brother,  who  had  expressed  his  desire  that  such  a  change  should  be 
made;  and  a  majority  of  the  Council  was  disposed  to  a  concurrence,  but  GoA^emor 
Bernard,  having  a  desire  to  introduce  another  person,  which  it  would  be  less  easy 
to  effect  after  the  establishment  of  a  gentleman  of  Mr.  Israel  Mauduit's  character, 
prevailed  with  the  Council  to  non-concur  the  vote;  and  Mr.  Jasper  Mauduit  con- 
tinued at  this  time  the  agent." — Hutchinson's  Hist.  3Iass.  Bay,  vol.  3,  p.  104,  note. 
See,  further,  note  to  1762-63,  chapter  10,  post. 

Chap.  49.  "  I  take  notice  of  this  Act  only  to  declare  that  I  am  not  unmindful  of 
Your  Lordships  Orders  concerning  Lottei-y  Acts,  from  which  I  hope  this  Act  will 
not  be  considered  as  a  departure  altho'  it  does  make  some  addition  to  the  sum 
originally  granted.  Faneuil  Hall  (the  noblest  public  Room  in  North  America)  was 
burnt  down  about  a  year  and  a  half  ago:  It  belonged  to  the  Town  and  should  have 
been  rebuilt  by  a  general  Tax,  but  the  great  losses  by  fire  which  the  Inhabitants 
have  suiTered  made  that  method  to  raise  the  Money  impracticable.  The  Assembly 
passed  the  Original  Act  to  raise  2000  pounds.  The  Trustees  immediately  set  about 
the  Work  in  assurance  that  they  should  have  leave  to  raise  such  further  sum  as 
should  be  wanted  to  compleat  the  Work.  It  was  evident  that  the  Original  sum 
would  not  do:  if  an  addition  should  not  be  made  to  it,  the  former  grant  must  be 
rendered  useless  by  the  incompletion  of  the  purpose  for  which  it  was  granted.  This 
Act  was  therefore  necessary  for  carrying  the  original  into  Execution." — Gov.  Ber- 
nard to  Lords  of  Trade,  May  3,  1762;  "  Ma^s.  Bay.  B.  T.,"  vol.  78,  L.  I.,  33,  in  Public- 
Record  Office. 


ACTS, 

Passed     1762—63. 


[569] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-sixth  day  of  May,  A.D.  1762. 


CHAPTER    1. 

AN  ACT  FOE,  GRANTING  THE   SUM  OF  THIRTEEN  HUNDRED  POUNDS, 
FOR  THE   SUPPORT  OF  HIS  MAJESTY'S  GOVERNOR. 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  sum  of  thirteen  hundred  pounds  be  and  is  hereby  granted   Grant  of  £i,300 
unto  his  most  excellent  majest}',  to  be  paid  out  of  the  public  treasury   '**  ^^^  governor. 
to  his  excellency  Francis  Bernard,  Esquire,  captain-general  and  gov- 
ernor-in-chief in  and  over  his  majest^^'s  province  of  the  Massachusetts 
Bay,  to  enable  him  to  carry  on  the  affairs  of  the  government.     \_Passed 
May  31 ;  published  June  12. 

CHAPTER  2. 


Oakham 
bounds. 


AN  ACT  FOR  ERECTING  THE  WEST  PRECINCT  OF  RUTLAND,    KNOWN 
BY    THE    NAME   OF    THE    WEST    WING    OF    RUTLAND,  INTO    A   DIS 
TRICT  BY  THE  NAME   OF  OAKHAM. 

Whereas  the  inhabitants  of  the  west  precinct  of  Rutland,  so  called,   Preamble, 
in  the  county  of  Worcester,  having  represented  to  this  court  the  great 
difficulties  and  incouveniencies  they  labour  under  in  their  present  situa- 
tion, have  earnestly  requested  that  they  may  be  incorporated  into  a  dis- 
trict,— 

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

[Sect.  1.]  That  the  said  west  precinct,  bounded  as  follows  ;  viz™., 
easterl}',  on  the  town  of  Rutland ;  northed}',  on  Rutland  district ; 
west [er] [ward] h^,  on  New-Braintree  district;  and  southerly,  partly  on 
said  New-Braintree  district  and  partly  on  Brookfield,  be  and  is  hereby 
incorporated  by  the  name  of  Oakham  ;  and  that  the  said  district  be  and 
hereby  is  invested  with  all  the  powers,  priviledges  and  immunities  that 
towns  in  this  province  \by*'\  law  do  or  may  enjo}',  that  of  sending  a 
representative  to  the  General  Assembly  only  excepted  ;  and  that  the 
inhabitants  of  said  district  shall  have  libert}'  from  time  to  time  to 
join  with  [the*'\  town  of  Rutland  in  chusing  a  representative;  and  To  join  with 
shall  be  notified  of  the  time  and  place  of  election,  in  like  manner  ^"ootrnVarep- 
with  the  inhabitants  of  the  said  town  of  Rutland,  by  a  warrant  resentative. 
from  [the*~\  selectmen  of  the  said  town,  directed  to  a  constable  or 
constables  of  the  said  district,  requiring  him  or  them  to  warn  the  inhab- 
itants to  attend  the  meeting  at  time  and  place  assigned  ;  which  [war*'\- 
rant  shall  be  seasonabl}-  returned  by  the  said  constable  or  constables  ; 
and  the  representative  may  be  chosen  indifferently  from  the  said  town 


*  Parchment  mutilated. 


571 


572 


Province  Laws. — 1762-63. 


[Chap.  3.] 


Town-meeting 
to  be  waraed. 


Proviso. 


or  district ;  the  pay  or  allowance  to  be  borne  by  the  town  and  district  in 
proportion  as  they  shall,  from  time  to  time,  pay  to  the  province  tax. 

A7id  be  it  farther  enacted^ 

[Sect.  2.]  That  John  Murray,  Esq^'^.,  be  and  hereby  is  directed  and 
impowered  to  issue  his  warrant,  directed  to  some  principal  inhabitant 
within  said  district,  requiring  him  to  warn  the  inhabitants  of  said 
district,  qualified  to  vote  in  town  affairs,  to  assemble  at  some  suitable 
time  and  place  in  said  district,  to  chuse  such  officers  as  are  necessaiy 
to  manage  the  affairs  of  said  district. 

Provided,  nevertheless, — 

[Sect.  3.]  The  inhabitants  of  said  district  shall  paj^  their  propor- 
tionable part  of  all  such  county  and  province  charges  as  are  already 
assessed  upon  them  by  the  town  of  Rutland,  in  like  manner  as  tho' 
this  act  had  not  been  made.     \_Passed  June  7.* 


CHAPTER    3. 

AN  ACT  FOR  INCORPORATING  THE  EAST  SIDE  OF  SACO  RIVER,  IN 
THE  TOWN  OF  BIDDEFORD,  INTO  A  SEP[E][^]RATE  DISTRICT  BY 
THE  NAME  OF  PEPPERRELLBOROUGH. 


Pepperrell- 

borough 

bounds. 


Preamble.  "Whereas  the  inhabitants  on  the  east  side  of  Saco  River,  in  the  town 

of  Biddeford,  in  the  county  of  York,  have  represented  to  this  court  the 
great  difficulties  and  inconvenienc[i]es  they  labour  under  in  their  pres- 
ent situation,  and  have  earnestl}'  requested  that  they  ma}'  be  invested 
with  the  powers,  priviledges  and  immunities  of  a  district ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  all  the  lands  in  the  town  of  Biddeford,  Ij'ing  on 
the  east  side  of  Saco  River,  in  the  county  of  York,  together  with 
an  island,  in  the  said  river,  commonl}'  called  and  known  b}-  the  name  of 
Indian  Island,  be  and  hereby  is  erected  into  a  sep[e][a]rate  and  dis- 
tinct district  by  the  name  of  Pepperrellborougii,  bounded  witli  the  same 
bounds  as  the  town  of  Biddeford  now  is,  on  the  east  side  of  Saco 
River ;  and  that  the  said  district  be  and  hereby  is  invested  with  all 
the  priviledges,  powers  and  immunities  that  towns  in  this  province  b}' 
law  do  or  may  enjoy,  that  of  sending  a  representative  to  the  General 
Assembly  onl}'  excepted ;  and  that  the  said  district  shall  have  full 
liberty  and  right  from  time  to  time  to  join  with  the  town  of  Biddeford 
in  chusing  a  representative  to  represent  them  at  the  General  Assemblj' ; 
and  shall  be  notified  of  the  time  and  place  of  election,  in  like  manner 
with  the  inhabitants  of  the  said  town  of  Biddeford,  b}'  a  warrant  from 
the  selectmen  of  the  said  town,  directed  to  a  constable  or  constables 
of  the  said  district,  requiring  him  or  them  to  warn  the  inhabitants  to 
attend  the  meeting,  at  time  and  place  assigned,  which  warrant  shall  be 
seasonabl}'  returned  by  the  said  constable  or  constables ;  and  the  rep- 
resentative may  be  chosen  indifferentl}'  from  the  said  town  or  district ; 
the  pay,  or  allowance,  to  be  born  by  the  town  and  district  in  proportion 
as  the}^  shall,  from  time  to  time,  paj-  to  the  province  tax. 

Provided,  nevertheless, — 

And  be  it  further  enacted. 
Proviso.  [Sect.  2.]     That  the  said  district  shall  pay  their  proportion  of  all 

town,  count}'  and  province  taxes  already  set  or  granted  to  be  raised  on 
the  town  of  Biddeford  aforesaid,  as  if  this  act  had  not  been  made. 


To  join  with 
Biddeford  in 
choosing  a  rep- 
resentative. 


*  Signed  June  15,  according  to  the  record. 


[tsT  Sess.] 


Province  Laws. — 1762-63. 


Add  be  it  farther  enacted, 

[Sect.  3.]  That  Rishworth  Jordan,  Esq".,  be  jind  hereby  is  impow- 
ered  to  issue  his  warrant  to  some  principal  inhabitant  of  said  district, 
requiring  him  to  notif}'  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  June  9.* 


573 


Town-meering 
to  be  warned. 


CHAPTER    4. 

AN      ACT     FOR     INCORPORATING     THE     NEW     PLANTATION     CALLED 
NEW  HINGHAM,   INTO   A  TOWN  BY  THE  NAME   OF  CHESTERFIELD. 

Whereas  the  proprietors  of  the  new  plantation  called  New  Hingham,   Preamble, 
are  under  such  circumstances  that  they  cannot  carry  on  their  publick 
affairs  without  the  aid  of  this  court,  they  being  originally  two  propri- 
ties  as  to  their  property,  and  have  never  been  united  into  one  propriety 
as  to  their  publick  affairs, — 

Be   it   therefore   enacted   hy   the   Governor,   Council   and   House  of 
Representatives, 

[Sect.  1.]  That  the  new  plantation,  called  New  Hingham,  lying  in  Cbestofieid 
the  county  of  Hampshire,  bounded  as  follows  :  east,  on  the  township  of 
Hatfield  ;  south,  partly  on  Northampton,  and  partly  on  land  lately  sold 
by  the  province  ;  north,  partly  on  province  lands,  and  partly  on  a  grant 
niade  to  Narraganset[^]  Number  Four  ;  and  extending  west,  to  make 
twenty-three  thousand  and  forty  acres, — exclusive  of  Colman's  grant, 
which  contains  six  hundred  acres, — be  and  hereby  is  incorporated  into 
a  town  by  the  name  of  Chesterfield,  with  all  the  powers,  priviledges 
and  immunities  that  towns  within  this  government  have  or  do  enjoy. 

And  he  it  further  enacted, 

[Sect.  2.]     That  all  taxes  to  be  raised  within  said  town  for  set[^]-  Taxes  to  be 
ling  a  minister,  building  a  meeting-house,  clearing  and  repairing  roads,   '^'^^"'^  ' 
be  levied  upon  the  several  proprietors  of  said  plantation,  according  to 
their  interest,  until  the  further  order  of  this  court,  and  that  said  inhab- 
itants proceed  b^'  the  same  rules,  in  lev3-ing  and  collecting  said  taxes, 
as  proprietors  in  new  plantations  are  by  law  obliged  to  observe. 

And  be  it  further  enacted, 

[Sect.  3.]     That  Samuel  Mather,  Esq".,  be  and  hereby  is  impowered  Town-meeting 
to  issue  his  warrant  to  some  principal  inhabitant  of  said  plantation,    °  ®  '^'"'"'^  ' 
requiring  him  to  call  a  meeting  of  said  inhabitants,  in  order  to  chuse 
such  officers  as  by  law  towns  are  impowered  to  chuse  in  the  month  of 
March  anuuall3^     \_Passed  Jane  11. 


CHAPTER    5. 

AN  ACT  FOR  REND[E]RlisrG  MORE  EFFECTUAL  THE  LAWS  ALREADY 
MADE  RELATING  TO  SHINGLES,  AND  FOR  REGULATING  THE  ASSIZE 
OF   STAVES,  HOOPS   AND   CLAPBOARDS. 

Whereas  great  fraud  and  abuse  are  practiced  in  making  and  pack-   Preamble, 
ing  shingles  and  hoops,  and  also  in  making  and  culling  staves,  exported 
from  this  province  ;  for  preventing  the  same  for  the  future, — 

*  Sigued  June  15,  according  to  the  record. 


574 


Province  Laws.— 1762-63. 


[Chap.  5.] 


Dimensions  of 
shingles,  ascer- 
tained. 

1750-51,  chap. 
10. 


Penalty  for 
deficiency. 


Dimensions  of 

staves,  ascer- 
tained. 


Dimensions  of 
clapboards. 


Ditto,  of  hoops. 


Be  it  enacted  by  the  Governo\n'\r,  Council  and  House  of  Repre- 
sentatives, 

[Sect.  1.]  That  from  and  after  the  twentj'-fifth  da}'- of  March  next, 
no  shingles,  staves,  or  hoops,  shall  be  offered  for  sale  in  any  town 
\ioith*'\  in  this  province,  that  shall  be  nnder  the  following  dimensions  ; 
viz^.,  all  shingles  shall  be  eighteen  or  fifteen  inches  in  length,  accord- 
ing to  which  of  those  lengths  they  are  [to  6e*]  sold  for ;  pine  shingles 
shall  be  free  from  sap,  and  all  shingles  shall  be  free  from  shakes  and 
worm-holes,  and  be,  at  least,  one  with  another,  four  inches  and  an  half 
in  breadth,  half  an  inch  thick  at  the  butt  end,  and  neither  of  them  to  be 
under  three  inches  and  an  half  in  width  at  the  butt  end, — and  shall  hold 
that  width  three-quarters  of  the  way  to  the  thin  end, — and  be  well 
shaved  ;  and  each  bundle  shall  contain  the  full  number  it  is  sold  for : 
and  in  case  there  shall  be  above  ten  shingles,  that  are  under  the  above 
length,  breadth  and  thickness,  or  five,  short  in  the  tale,  in  a  bundle  of 
two  hundred  and  fifty  (and  so  in  proportion  for  a  larger  or  smaller 
bundle) ,  the  bundle  which  is  so  deficient,  or  in  which  such  shingles  are 
contained,  shall  be  forfeited ;  and  the  shingles  in  each  bundle,  not  mer- 
chantable, shall  be  burnt,  and  the  residue  of  them  sold  ;  and  the  money 
arising  from  the  sale  shall  be  paid  into  the  hands  of  the  town  treas- 
urer, for  the  benefit  of  the  poor  of  such  town  where  the  shingles  are 
condemned,  first  deducting  therefrom  the  charge  of  culling  and  sur- 
veying. 

[Sect.  2.]  And  all  white-oak  butt-staves  shall  be  at  least  five  feet 
in  length,  five  inches  broad,  and  one  inch  and  one-quarter  of  an  inch 
thick  on  the  heart-  or  thinnest  edge,  and  every  part  thereof;  and  all 
white-oak  pipe-staves  shall  be  at  least  four  feet  and  eight  inches  in 
length,  four  inches  broad  in  the  narrowest  part,  and  not  less  than  three- 
quarters  of  an  inch  thick  on  the  heart-  or  thinnest  edge  ;  and  all  wliite- 
oak  hogshead-staves  shall  be  at  least  three  feet  and  six  inches  long, 
and  not  less  than  half  an  inch  thick  on  the  heart-  or  thinnest  edge  ;  and 
all  white-oak  barrel-staves,  for  a  foreign  market,  shall  be  thu"ty-two 
inches  long ;  and  those  for  home  use  shall  be  thirty  inches  long,  and 
half  an  inch  thick  on  the  heart-  or  thinnest  edge  ;  and  all  white-oak 
hogshead-  and  barrel-staves  shall  be  at  least,  one  with  another,  four 
inches  in  breadth,  and  none  under  three  inches  in  width  in  the 
narrowest  part ;  and  those  of  the  width  last  mentioned  shall  be  clear  of 
sap  :  and  all  red-oak  hogshead-  and  barrel-staves  shall  be  of  the  same 
length  and  thickness  with  the  white-oak  hogshead-  and  barrel-staves 
above  mentioned,  and  shall  be  four  inches  wide  in  the  narrowest  part; 
and  all  staves  shall  be  well  and  proportionably  split. 

[Sect.  3.]  And  all  pine  clapboards,  that  shall  be  exposed  to  sale, 
shall  be  made  of  good,  sound  timber,  clear  of  sap  ;  and  all  clapboards 
shall  be  free  from  shakes  and  worm-holes,  and  of  the  following  dimen- 
sions ;  vizi^'^.,  full  five-eighths  of  an  inch  thick  on  the  back  or  thickest 
part,  five  inches  wide,  and  four  feet  and  six  inches  long  ;  and  the}'  shall 
be  strait  and  well  shaved. 

[Sect.  4.]  And  all  hogshead-hoops  that  shall  be  exposed  to  sale, 
or  exported,  shall  be  from  t^n  to  thirteen  feet  in  length,  and  shall  be 
made  of  while-oak,  or  walnut,  and  of  good  and  sufficient  substance  and 
well  shaved  ;  those  made  of  oak  shall  be  not  less  than  one  inch  broad 
at  the  least  end,  and  those  made  of  walnut  shall  be  not  less  than 
three-quarters  of  an  inch  broad  at  the  least  end;  that  a  bundle  shall 
consist  of  forty  hoops  ;  and  all  hoops  of  ten,  eleven,  twelve  and  thirteen 
feet,  respective!}',  shall  be  made  up  in  distinct  bundles,  by  themselves  ; 
and  if  any  hoops  are  packed  of  less  dimensions  than  those  prescribed 
by  this  law,  or  more  than  two  short  of  the  tale  in  any  bundle,  the  bundle 

*  These  words  are  found  only  in  the  edition  of  1763. 


[1st  Sess.] 


Province  Laws.— 1762-63. 


575 


shall  be  forfeited,  and  sold  for  the  benefit  of  the  poor  of  the  town  where 
it  is  offered  for  sale. 

And  be  it  further  enacted, 

[Sect.  5.]  That  each  town  where  shingles  are  made  or  sold,  may 
and  shall  chuse  one  or  more  surve^'ors  of  shingles  and  clapboards,  in 
the  month  of  March,  annually,  who  shall  be  under  oath  for  the  faithful 
discharge  of  their  duty,  who  shall  be  allowed,  by  the  buyer,  sixpence  per 
thousand  for  his  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  delivery,  they  shall  be  viewed,  sui-vej-ed  and  measured 
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  disposed  of  as  afore  pro- 
vided in  this  act. 

[Sect.  6.]  And  in  each  maritime  town,  in  this  province,  from  whence 
staves  or  hoops  are  usually  exported  beyond  sea,  there  shall  be  two  or 
more  suitable  persons,  chosen  by  such  towns  some  time  before  the 
twenty-fifth  day  of  March  next,  and  at  their  meeting  in  March,  annually, 
to  be  viewers  and  cullers  of  staves  and  hoops,  who  shall  be  under  oath 
faithfully  to  discharge  their  oflEice,  and  shall,  for  their  encouragement  to 
accept  this  trust,  be  allowed  for  their  time  and  service  as  follows  ;  viz^"., 
one  shilling  and  eightpence  per  thousand,  for  barrel-staves  ;  two  shil- 
lings per  thousand,  for  hogshead-staves ;  two  shillings  and  fourpence 
per  thousand,  for  pipe-staves  ;  and  two  shillings  and  eightpence  per 
thousand,  for  butt-staves,  as  well  refuse  as  merchantable  ;  the  mer- 
chantable, to  be  paid  by  the  person  buying  the  same,  and  the  refuse,  by 
the  seller ;  and  the  culler  shall  be  allowed  four  shillings  per  thousand, 
for  hoops. 

And  be  it  further  enacted, 

[Sect.  7.]  That  from  and  after  the  twenty-fifth  day  of  March  next, 
all  staves  that  shall  be  exported  from  this  province,  beyond  sea,  shall  be 
^  first  culled,  and  all  hoops  first  viewed  and  surveyed,  b}'  one  of  the  oflfi- 
cers  aforesaid,  and  a  certificate  given  by  the  culler  or  surveyor  to  the 
master  or  commander  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  lioops  are  packed,  shall  be  sealed  with 
the  brand  of  the  town  from  whence  they  are  exported  ;  and  that  all 
shingles  and  clapboards  that  shall  be  exported  beyond  sea,  shall  like- 
wise be  certified,  by  one  of  the  surveyors  ah-eady  requu-ed  b}^  law  to  be 
chosen  in  each  maritime  town  within  this  province,  to  have  been  by  him 
surveyed,  viewed  and  approved,  and  the  number  or  quantity  thereof ; 
and  any  sellers  of  staves,  hoops,  clapboards  or  shingles  that  shall  de- 
liver any  of  the  said  articles  liefore  they  are  culled  or  surveyed,  shall 
forfeit  and  pay  the  sum  of  eight  shillings  per  thousand  ;  and  any  per- 
son purchasing  an}-  of  the  articles  before  mentioned,  and  who  shall 
receive  them  before  they  are  culled  or  surveyed,  shall  forfeit  and  pay  the 
sum  of  eight  shillings  per  thousand  ;  one  half  to  the  informer,  who  shall 
sue  for  the  same  in  any  of  his  majesty's  courts  of  record  within  this 
province  proper  to  try  the  same, — or  before  any  of  his  majesty's  justices 
of  the  peace,  in  case  the  forfeiture  be  under  forty  shillings, — the  other 
half  to  the  use  of  the  poor  of  the  town  where  such  offence  is  com- 
mitted. 

And  be  it  farther  enacted, 

[Sect.  8."]  That  from  and  after  the  said  twenty-fifth  day  of  March 
next,  the  master  or  owner  of  any  vessel  having  any  staves,  hoops,  clap- 
boards or  shingles  on  board,  for  their  cargo,  and  which  shall  be  shipped 
after  the  said  twenty-fifth  day  of  March  next,  before  such  vessel  shall 
be  cleared  at  the  impost-oflace,  shall  deliver  into  the  impost-office  a  cer- 


Surveyors  of 
clapboards  and 
shingles,  to  be 
chosen. 


Hoop  of  the 
bundles,  to  be 
branded. 

Penalty. 

"Viewers  and 
cullers  of  staves 
and  hoops,  to  be 
chosen. 


The  commodi- 
ties herein  men- 
tioned, not  to  be 
shipped  witliout 
being  certified 
to  have  been 
surveyed. 


Penalty. 


Vessels  having 
such  commodi- 
ties, not  to  be 
cleared  without 
such  certificate. 


576 


Peovince  Laws. — 1762-63. 


[Chap.  6.] 


Penalty  for 
eblpping  with- 
out  certificate. 


Penalty  on  the 
officer,  in  case 
of  fraud. 


Penalty  for  not 
qualifying  or 
Dot  serving. 


Continuance  of 
the  act. 


tificate  of  such  staves,  hoops,  clapboards  and  shingles  having  been 
culled  or  surveyed,  and  shall  likewise  make  oath  before  the  impost 
officer  (who  is  herebj-  required  and  [e]  [i]mpowered  to  administer  the 
same) ,  or  before  an}^  one  of  his  majesty's  justices  of  the  peace  ;  who  shall 
give  a  certificate  of  said  oath, — which  shall,  by  the  master  or  owner,  be 
transmitted  to  the  impost  officer,— that  the  staves,  hoops,  clapboards 
and  shingles  on  board  his  vessel  are,  boncijide,  the  same  staves,  hoops, 
clapboards  and  shingles  certified  to  have  been  culled  or  surveyed,  and 
that  he  has  no  other  on  board  ;  and  the  impost  officer  for  his  service 
[aforesaid*]  shall  be  allowed  one  shilling  for  each  vessel. 

And  he  it  further  enacted^ 

[Sect.  9.]  That  from  and  after  the  twenty-fifth  day  of  March  next, 
if  any  person  shall  presume  to  ship  off  any  staves,  hoops,  clapboards 
or  shingles,  unless  the  same  shall  first  have  been  culled  or  surveyed,  and 
marked  by  a  sworn  culler  or  surveyor,  as  aforesaid,  he  shall  forfeit  and 
pay  the  sum  of  eight  shilUngs  per  thousand,  to  be  disposed  of;  one  half 
to  the  poor  of  the  town  where  the  offence  is  committed,  and  the  other 
half  to  the  surveyor,  or  any  other  person  or  persons  who  shall  sue  for 
the  same, — which  he  or  they  are  hereb}^  enabled  to  do, — by  action,  bill, 
plaint  or  information,  in  any  court  proper  to  tiy  the  same,  or  before 
any  of  his  majesty's  justices  of  the  peace,  if  the  forfeiture  bo  under 
forty  shillings. 

And  he  it  further  enacted^ 

[Sect.  10.]  That  in  case  any  culler  or  survej^or  shall  connive  or 
allow  of  the  breach  of  this  act,  or  shall  be  guilty  of  any  fraud  or  deceit 
in  surveying  or  culUng  of  staves,  hoops,  clapboards  or  shingles,  he  shall 
forfeit  and  pay  the  sum  of  ten  pounds  for  each  offence  ;  and  in  case  of 
his  refusal  to  attend  the  aforesaid  service  when  he  shall  be  thereto 
requested,  he  shall  forfeit  and  pay  the  sum  of  twenty  shillings  :  the  for- 
feitures and  penalties  in  such  cases  to  be  recovered  and  disposed  of  as 
aforesaid. 

And  he  it  further  enacted, 

[Sect.  11.]  That  if  any  person  or  persons  who  shall  be  duly 
chosen  to  serve  as  a  surveyor  of  clapboards  and  shingles,  or  as  a  culler 
of  staves  and  hoops,  shall  refuse  or  neglect  to  take  the  oath  for  the 
faithful  discharge  of  the  office,  or  to  serve  therein,  every  such  person 
or  persons  shall  pay  the  sum  of  twenty  shillings,  to  the  use  of  the  poor 
of  the  town  chusing  such  person  or  persons  ;  and  every  such  town  shall 
forthwith  proceed  to  the  choice  of  other  or  others  in  the  room  of  any 
person  [s]  so  refusing  or  neglecting. 

[Sect.  12.]  This  act  to  be  in  force  for  the  space  of  three  years  from 
the  twenty-fifth  day  of  March  next,  and  no  longer.  \_Passed  June 
11 ;  I  published  June  15. f 


CHAPTEK    6. 


Preamhle. 
1761-62,  chap. 
29,  §  6. 


AN  ACT  FOR    LENGTHENING   OUT    THE  TIME    FOR  THE  PAYMENT  OF 
INTEREST  ON    THE  TREASURER'S  NOTES. 

Whereas  in  and  by  an  act  made  in  the  second  year  of  his  present 
majesty's  reign,  intituled  "•  An  Act  for  the  better  securing  the  possess- 
ors of  the  province  treasurer's  notes,  by  enabling  the  province  treas- 
lu-er  to  give  new  receipts  or  obligations  in  lieu  of  such  notes  as  are  now 

*  Omitted  in  the  edition  of  1763. 

t  Signed  June  15,  according  to  the  record. 

t  Published  June  12,  according  to  the  printed  acts. 


[1st  Sess.] 


Province  Laws.— 17G2-63. 


577 


extant,"  it  is,  among  other  things,  enacted,  "  that  all  the  possessors  of 
the  treasurer's  notes,  who  do  not  chuse  to  have  them  exchanged  for 
notes  of  the  new  form,  shall,  some  time  before  the  last  day  of  June 
next,  bring  such  notes  to  the  treasurer's  oflSce,  and  have  them  stamped, 
and  an  account  taken  of  them  by  the  treasurer  and  a  committee  to  be 
appointed  by  the  general  court ;  and  no  interest  shall  be  paid  upon  any 
such  treasurer's  notes,  receipts  or  obligations  not  brought  in  as  afore- 
said, for  any  longer  time  than  until [1]  the  last  day  of  July  next;" 
and  lohereas  there  has  been  no  public  [k]  notice  given  of  the  time  for 
the  bringing  in  and  exchanging  of  said  notes,  as  mentioned  in  said 
act,  and  many  persons  may  be  ignorant  thereof;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  time  for  the  possessors',  of  the  treasurer's  notes,  bringing  Time  for  bring, 
them  into  the  treasurer's  office  to  have  them  exchanged  for  notes  of  a  ing  in  tieasur- 
new  form,  and  have  them  stamped,  as  prescribed  by  said  act,  shall  be   lengihenod  out. 
and  is  hereby  lengthened  out  unto  the  last  day  of  October  next ;  and 
that  interest  [shall]  be  paid  upon  any  such  treasurer's  notes,  receipts 
or  obligations  that  shall  be  brought  in  by  that  time  and  no  longer ;  and 
that  the  treasurer  give  public  [k]  notice  hereof  in  the  Boston  newspa- 
pers three  weeks,  successively.    \_Passed  June  11 ;  *  published  June  12. 


CHAPTEK  7. 

AN  ACT  FOR  SETTING  UP  A  FAIR  IN  THE  TOWN  OF  HARDWICKE  IN 
THE  COUNTY  OF  WORCESTER. 


Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  henceforth  there  may  be  kept  a  fair  in  said  Hard- 
wicke  on  the  third  Wednesday  and  Thursday  of  May,  and  on  the  third 
Wednesday  and  Thursday  of  October,  annually. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  said  town  of  Hardwicke  be  and  hereby  are  en- 
abled, at  a  meeting  called  for  that  purpose,  to  chuse  proper  officers  to 
regulate  said  fair  until  the  annual  meeting  in  March  next,  and  to  be 
chosen  thereafter,  annually,  in  the  month  of  March,  during  the  continu- 
ance of  this  act. 

And  be  it  further  enacted, 

[Sect.  3.]  That  no  bargain  and  sale  made  at  any  of  the  said  fairs 
shall  be  deemed  valid  and  effectual  in  the  law,  unless  the  same  be  made 
between  sun-rising  and  sun-setting. 

[Sect.  4.]  This  act  to  continue  and  be  in  force  for  the  space  of 
Beven  years  from  the  first  day  of  July  next,  and  no  longer.  \_Passed  * 
and  published  June  12. 


Fair  established 
at  Hai'dwick. 


Officers  to  be 
chosen  to  regu- 
late the  fair. 


Bargains  to  be 
made  between 
sunrise  and  sun- 

set. 

Continuance  of 
the  act. 


CHAPTER    8. 

AN  ACT  FOR  INCORPORATING  THE  PLANTATION  CALLED  NEW  MAR- 
BLEHEAD,  IN  THE  COUNTY  OF  CUMBERLAND,  INTO  A  TOWN  BY 
THE  NAME  OF  WINDHAM. 


Whereas  it  is  represented  to  this  court  by  the  gi'antees  of  the  plan-  Preamble. 
tation  called  New  Marblehead,  in  the  county  of  Cumberland,  that  the 

*  Signed  June  15,  according  to  the  record. 


578 


Province  Laws.— 1762-63. 


[Chap.  9.] 


Windham 
bounds. 


Proviso. 


Town-meeting 
to  be  warned. 


inhabitants  thereof  labour  under  many  ineonveniene[^■]es  by  their  not 
being  incorporated  into,  and  invested  with  the  powers  and  privile[d]ge8 
of,  a  town  ;  therefore,  — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  whole  of  the  said  plantation,  bounded  as  follows  ;  viz^,,  be- 
ginning at  a  place  called  Sacarippy  Falls,  in  Pesumscot  River,  and  so, 
as  the  river  runs,  to  a  great  pond  called  Chebago  Pond  ;  thence,  north, 
forty-five  degrees  east,  four  miles  and  one  hundred  and  twenty  poles  ; 
thence,  south,  forty-five  degrees  east,  to  the  head-line  of  North  Yar- 
mouth ;  thence,  south,  forty-flve  degrees  west,  on  said  head-line,  three 
miles,  to  the  place  where  the  towns  of  Falmouth  and  North  Yarmouth 
do  meet  and  join  ;  thence,  south,  twenty-four  degrees  and  twenty  min- 
utes west,  on  the  head-line  of  Falmouth,  seven  miles  and  sixty  poles,  to 
Sacarippy  Falls  first  mentioned, — be  and  hereby  is  erected  into  a  town 
by  the  name  of  Windham ;  provided,  the  lines  above  mentioned  do  not 
include  more  than  the  original  grant  of  said  township  ;  and  that  the 
inhabitants  thereof  be  and  hereby  are  invested  with  all  the  powers  and 
priviledges  that  towns  in  this  province  do  enjoy  ;  and  that  Stephen 
Longfellow,  Esq^'^.,  be  and  hereby  is  impowered  to  issue  his  warrant  to 
some  principal  inhabitant  of  said  plantation,  requiring  him,  in  his 
majesty's  name,  to  notify  and  warn  the  said  inhabitants,  duly  qualified 
to  vote  in  town  affairs,  to  convene  at  such  time,  and  place  in  said  plan- 
tation, as  by  said  warrant  shall  be  appointed,  then  and  there  to  chuse 
proper  officers  to  serve  til[Z]  their  next  March  meeting,  according  to 
law.     [Passed  June  12.* 


CHAPTER  9. 

AN  ACT  FOR.  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  THIRTY- 
FIVE  THOUSAND  AND  SEVEN  HUNDRED  POUNDS,  TO  BE  THENCE 
ISSUED  FOR  DISCHARGING  THE  PUBLIC  DEBTS,  AND  DRAWING 
THE  SAME  INTO  THE  TREASURY  AGAIN. 


Preamble.  Whereas  it  is  necessary  that  provision  be  made  by  the  general  court 

for  discharging  the  debts  of  the  present  and  preceeding  years, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 
Treasurer  em-  [Sect.  1.]     That  the  treasurer  of  the  province  be  and  hereby  is  im- 

powM-edto  bor-  powered  and  directed  to  borrow,  from  such  person  or  persons  as  shall 
'  '  be  willing  to  lend  the  same,  from  time  to  time,  as  he  shall  have  occasion 
for  the  money,  a  sum  not  exceeding  thirty-five  thousand  and  seven 
hundred  pounds,  in  mill'd  dollars  at  six  shillings  each,  or  in  the  several 
species  of  coined  silver  and  gold  enumerated  in  an  act,  made  and  passed 
in  the  twenty-third  year  of  his  late  majesty  King  George  the  Second, 
intituled  "An  Act  for  ascertaining  the  rates  at  which  coined  silver  and 
gold,  English  halfpence  and  farthings,  may  pass  within  the  govern- 
ment "  ;  and  the  sum  so  borrowed  shall  be  applied  in  manner  as  in  this 
act  is  hereafter  directed  ;  and  for  the  said  sum  the  treasurer  shall  give 
his  receipt  or  obligation  in  the  form  following :  — 


1749-50,  chap 
19. 


Form  of  treas- 
urer's  receipt. 


Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D. 

Borrowed  and  received  of  the  sura  of  ,  for  the  use  and 

service  of  the  province  of  the  Massachusetts  Bay ;  and,  in  behalf  of  said  prov- 


•  Signed  June  15,  according  to  the  record. 


[1st  Sess.] 


Province  Laws.— 1762-63. 


579 


ince,  I  do  hereby  promise  and  oblige  myself  and  successors  in  the  office  of 
treasurer  to  repay  the  said  or  to  his  order,  the  twentieth  day 

of  June,  A.D.,  one  thousand  seven  hundred  and  sixty-four,  the  aforesaid  sum 
of  ,  in  Spanish  mill'd  dollars,  at  six  shillings  each,  or  in  the  several 

species  of  coined  silver  and  gold,  enumerated  in  an  act,  made  and  passed  in 
the  twenty-third  year  of  his  late  majesty  King  George  the  Second,  intituled 
"  An  Act  for  ascertaining  the  rates  at  which  coined  silver  and  gold,  English 
halfpence  and  farthings,  may  pass  within  the  government,"  and  according  to 
the  rates  therein  mentioned,  with  interest,  annually,  at  six  per  cent. 

Witness  my  hand.  H.  G.,  Treasurer. 

A.  B.,) 
A  C.  D.,  >•  Committee. 

E.  F.,i 

— and  no  receipt  shall  be  given  for  less  than  six  pounds. 

Which  form  shall  be  printed  upon  the  most  suitable  paper  that  can 
from  time  to  time  be  provided  by  the  treasurer,  and  a  suitable  border 
round  the  same, — and  also  the  words  "  Province  of  the  Massachusetts 
Bay,"  the  word  "  Committee,"  and  the  words  "Witness  my  hand," — 
shall  be  struck  off  from  a  copper-plate,  which  the  treasurer  has  been 
im powered  and  directed  to  procure,  and  is  now  in  his  possession  ;  and 
each  blank,  before  it  is  filled  up,  shall  be  stamped,  in  some  convenient 
part  of  it,  with  a  stamp  of  a  new  form,  which  has  been  also  procured 
by  the  treasurer  for  that  purpose. 

And  be  it  further  enacted, 

[Sect,  2.]  That  a  committee  of  three  shall  be  appointed  by  the  Committee  to 
general  court,  who  shall  sign  all  the  blanks,  at  the  left  hand,  as  in  treasurer.'^* 
the  form  aforesaid  is  prescribed,  before  the  treasurer  fill  them  up  ; 
and  the  said  treasurer  and  the  said  committee  are  also  impowered  and 
directed  to  dispose  of  the  custody  of  said  copper-plate,  and  stamp,  in 
such  manner  as  in  their  discretion  shall  appear  most  likel}'  to  prevent 
any  frauds  or  counterfeits  ;  and  the  said  committee,  and  all  persons  to 
be  emploj'ed  in  the  printing,  engraving  or  stamping  of  said  blanks, 
shall  be  under  oath  to  the  faithful  discharge  of  their  respective  trusts. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  aforesaid  sum  of  thirty-five  thousand  and  seven  Money  bor- 
hundred  pounds,  when  received  into  the  treasury,  shall  be  issued  in  the  ][,°^a'^'^'iig^^  ^'^ 
manner  and  for  the  purposes  following  ;  that  is  to  say,  the  sum  of  one 
thousand  pounds,  part  of  the  aforesaid  sum  of  thirt^'-five  thousand  and 
seven  hundred  pounds,  shall  be  applied  for  compleating  the  pa5'ment  of 
the  forces  in  the  j'ear  one  thousand  seven  hundred  and  sixt}' ;  and  the 
further  sum  of  eight  thousand  pounds,  part  of  the  aforesaid  sum  of 
thirty-five  thousand  and  seven  hundred  pounds,  shall  be  applied  for 
compleating  the  payment  of  the  forces  in  the  jear  one  thousand  seven 
hundred  and  sixt^'-one ;  and  the  further  sum  of  five  thousand  pounds, 
part  of  the  aforesaid  sum  of  thirty-five  thousand  and  seven  hundred 
pounds,  shall  be  applied  for  the  payment  of  the  expences  of  the  several 
forts  and  garrisons  within  this  province  ;  and  the  further  sum  of  one 
thousand  five  hundred  pounds,  part  of  the  aforesaid  sum  of  thirt^'-five 
thousand  and  seven  hundred  pounds,  shall  be  applied  for  purchasing 
provisions  and  the  commissary's  disbursements  for  the  service  of  the 
several  forts  and  garrisons  within  this  province  ;  and  the  further  sum 
of  six  thousand  pounds,  part  of  the  aforesaid  sum  of  thirty-five  thou- 
sand and  seven  hundred  pounds,  shall  be  applied  for  the  paj-ment  of  the 
grants  made  or  to  be  made  by  this  court ;  and  the  further  sum  of  three 
thousand  five  hundred  pounds,  part  of  the  aforesaid  sum  of  thirty-five 
thousand  and  seven  hundred  pounds,  shall  be  applied  for  the  discharge 
of  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  them  for  that 


580 


Peovince  Laws.— 1762-63. 


[Chap.  9.] 


Preamble. 


Tax  of  £39,984, 
granted  in  1763. 


Rule  for  appor- 
tioning tho  tax, 
in  case  no  lax 
act  shall  be 
agreed  on. 


purpose,  and  for  paper,  writing  and  printing,  for  this  court,  and  re- 
pairs of  the  province-house,  court-house,  light-house,  wood  at  Castle 
William,  and  repairs  of  fortifications  within  this  province ;  and  the 
further  sum  of  four  thousand  five  hundred  pounds,  part  of  the  aforesaid 
sum  of  thirtj'-five  thousand  and  seven  hundred  pounds,  shall  be  applied 
for  the  payment  of  his  majesty's  council  and  house  of  representatives 
serving  in  the  great  and  general  court  during  the  several  sessions  of  the 
present  j'ear  ;  and  the  further  sum  of  six  thousand  pounds,  part  of  the 
aforesaid  sum  of  thirty-five  thousand  and  seven  hundred  pounds,  shall 
be  applied  for  the  pa^'ment  of  the  charge  of  maintaining  armed  vessels 
of  war  belonging  to  this  province  ;  and  the  further  sum  of  two  hunted 
pounds,  being  the  remainder  of  the  said  sum  of  thirt3'-five  thousand  and 
seven  hundred  pounds,  shall  be  applied  to  pay  such  contingent  and  un- 
fors^en  charges  as  may  arise,  and  for  no  other  purpose  whatsoever. 

And  in  order  to  draw  said  money  into  the  treasuiy  again,  and  enable 
the  treasurer  efiectually  to  discharge  the  receipts  and  obligations  (with 
the  interest  that  may  be  due  thereon)  b}'  him  given  in  pursuance  of  this 
act,  — 

Be  it  enacted, 

[Sect.  4.]  That  there  be  and  hereby  is  granted  unto  his  most  ex- 
cellent majesty  a  tax  of  thirty-nine  thousand  nine  hundred  and  eightj^- 
four  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  this  province,  as  shall  be 
agreed  on  and  ordered  by  the  general  court  or  assemblj^,  at  their  sessions 
in  June,  one  thousand  seven  hundred  and  sixt3'-three,  and  to  be  paid 
into  the  public  treasury  on  or  before  the  thirty-first  day  of  March,  A.D., 
one  thousand  seven  hundred  and  sixty-four,  then  next  after. 

And  be  it  further  enacted, 

[Sect.  ^.]  That  if  the  general  court,  at  their  sessions  in  Ma}-,  one 
thousand  seven  hundred  and  sixty- three,  and  some  time  before  the 
twentieth  day  of  June,  in  said  .year,  shall  not  agree  and  conclude  upon 
an  act  apportioning  the  sums  which  by  this  act  are  engaged  to  be  paid 
in  said  year,  apportioned,  assessed  and  levied,  then  and  in  such  case 
each  town  and  district  within  this  province  shall  pa}',  b}-  a  tax  to  be 
levied  on  the  polls,  and  estates  both  real  and  personal,  within  their  lim- 
its, 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. 

[Sect.  6.]  And  the  province  treasurer  is  hereb}^  full}^  impowered 
and  directed,  some  time  in  said  month  of  June,  in  the  same  .year,  one 
thousand  seven  hundred  and  sixty-three,  to  issue  and  send  forth  his  war- 
rants, 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  parts  and  proportions  of  the  sums  before  directed  and  en- 
gaged to  be  assessed,  to  be  paid  into  the  treasury  on  the  aforementioned 
time  ;  and  the  assessors,  as  also  persons  assessed,  shall  observe,  be  gov- 
erned by,  and  subject  to,  all  such  rules  and  directions  as  shall  have 
been  given  in  the  last  preceeding  tax  act. 

And  be  it  further  enacted, 

[Sect.  7.]  That  the  treasurer  pay  the  sum  of  thirty-five  thousand 
and  seven  hundred  pounds,  out  of  such  appropriations  as  shall  be  di- 
rected by  warrant,  and  no  other ;  and  the  secretary  to  whom  it  belongs 
to  keep  the  muster-rolls  and  accounts  of  charge  shall  lay  before  the 
house  of  representatives,  when  they  direct,  such  nuister-rolls  and  ac- 
counts, after  payment  thereof. 

Provided,  always, — 

[Sect.  8.]     That  the  remainder  of  the  sum  which  shall  be  brought 


[1st  Sess.] 


PEOvmcE  Laws.— 1762-63. 


581 


into  the  treasury  by  the  taxes  orclered  by  this  act  to  be  assessed  and 
levied,  over  and  above  what  shall  be  sutfleient  to  discharge  the  notes 
and  obligations  aforesaid,  shall  be  and  remain  as  a  stock  in  the  treas- 
ury, to  be  applied  as  the  general  court  of  this  province  shall  hereafter 
order,  and  to  no  other  purpose  whatsoever.  \_Passed  and  published 
June  12. 


CHAPTER    10. 


AN  ACT  TO  mPOWER.  THE  PROVINCE  TREASURER  TO  DRAW  BILLS 
OF  EXCHANGE  UPON  THE  AGENT  OF  THE  PROVINCE  IN  GREAT 
BRITAIN. 

"Whereas  the  parliament  of  Great  Britain  has  made  a  grant  of  two 
hundred  thousand  pounds  sterling,  to  enable  his  majesty  to  recoinpence 
Ms  northern  colonies  in  America,  for  their  militar^^  services  in  the  year 
one  thousand  seven  hundred  and  sixt}",  a  proportion  of  which  grant,  it 
is  humbly  expected,  will  be  assigned  this  province, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representatives, 
[Sect.  1.]  That  the  province  treasurer  be  and  he  hereby  is  im- 
powered  and  directed  to  draw  bills  of  exchange  on  Jasper  Mauduit, 
Esq.,  agent  for  said  province  in  Great  Britain,  or,  in  case  of  his  being 
prevented  by  death,  absence  or  any  other  way,  on  Eichard  Jackson, 
junior,  Esquire,  for  a  sum  not  exceeding  fifty-five  thousand  pounds ; 
and  the  said  bills  shall  be  drawn  on  the  following  conditions ;  viz.,  that 
for  every  hundred  pounds  sterling  for  which  such  bills  shall  be  drawn, 
one  hundred  and  thirty-eight  pounds  lawful  money,  of  this  province, 
shall  be  paid  into  the  province  treasury  ;  that  such  bills  shall  be  drawn, 
payable  to  the  persons  purchasing  the  same,  or  to  their  order,  at  thirty 
da3's'  sight ;  but  if  the  province  agent,  or,  in  case  of  his  being' prevented 
by  death,  absence  or  any  other  waj^,  Richard  Jackson,  junior.  Esquire, 
at  the  expiration  of  the  thirty  da^^s,  shall  not  have  received  the  prov- 
ince's proportion  of  the  grant  aforesaid,  then  interest  shall  be  allowed, 
from  the  expiration  of  said  thirty  daj-s,  at  the  rate  of  six  per  cent  per 
annum,  until  paid :  and  such  bills  shall  not  be  protested  until  twelve 
months  shall  be  expired  from  their  respective  dates  ;  and  in  case  of  their 
being  returned  protested,  after  the  expiration  of  said  twelve  months,  the 
province  treasurer  shall  repay  the  sums  received  into  the  treasury  for 
such  bills,  with  lawful  interest  from  their  respective  dates,  but  shall  not 
be  liable  to  pay  any  cost  or  damages  on  account  of  the  protesting  such 
bills  :  said  bills  to  be  of  the  form  following ;  viz., — 


sterling.     (No.        ),  Boston, 


1762. 


Exchange  for  £ 
Sir, 

At  thirty  days'  sight  of  this  my  first  per  exchange  (second,  third  and  fourth 
of  the  same  tenor  and  date,  unpaid),  pay  unto  ,  or  order, 

pounds  sterling,  for  value  recieved,  and  charge  it  to  the 
province  of  the  Massachusetts  Bay ;  but  if  it  is  not  paid  at  said  thirty  days' 
sight,  then  pay  interest  on  that  sum,  from  the  expiration  of  said  thirty  days 
until  paid,  at  the  rate  of  six  pounds  per  cent  per  annum ;  and  if  this  bill  and 
interest  is  not  paid  in  one  year  from  the  date  hereof,  I  hereby  oblige  myself, 
and  successors  in  the  office  of  treasurer  of  the  province  of  the  Massachusetts 
Bay,  to  pay  said  bill,  with  interest  from  the  date  of  it,  at  the  above  rate,  until 
paid,  when  it  shall  be  returned  with  a  protest  into  the  office  aforesaid,  but  no 
other  charges  or  damages :  provided,  that,  if  payment  shall  not  be  demanded 
within  six  months  after  the  date  of  said  protest,  the  interest  shall,  from  that 
time,  determine  and  cease. 

H.  G.,  Province  Treasurer. 

To  Jasper  Mauduit,  Esq.,  agent  for  the  province  of  the  Massachusetts  Bay, 
in  London,  or,  in  case  of  his  death,  absence,  or  refusal  of  said  trust,  to  Richard 
Jackson,  jun.,  Esquire. 


Preamble. 


Province  treas- 
urer empowered 
to  draw  bills  of 
exchange  on  the 
agent,  for  a  sum 
not  exceeding 
£55,000,  on  cer- 
tain  conditions. 


Form  of  the  bill 
of  exchange. 


582 


Pkovince  Laws.— 1762-63. 


[Chap.  11.] 


Treasurer  to 
prepare  a  roll 
for  receiving 
Bubscriptions, 
&c. 


No  person  to 
subscribe  for 
more  than 
£1,000,  or  lees 
than  £100. 


If  the  sum  sub- 
Bcribed  for  be 
not  paid  into  the 
treasury  in  ten 
days  after  notice 
given,  other 
subscribers  may 
be  admitted. 


And  be  it  further  enacted, 

[Sect.  2.]  That  the  province  treasurer  shall  and  he  hereby  is 
directed  to  prepare,  forthwith,  a  roll  for  receiving  subscriptions  for  the 
bills  aforesaid,  of  which  he  shall  give  publick  notice,  that  all  persons  in- 
clining may  become  subscribers.  And  the  said  subscription-roll  shall 
lie  open  to  be  subscribed  until  the  first  day  of  July,  one  thousand  seven 
hundred  and  sixty-two ;  at  which  time,  if  a  greater  sum  than  fifty-five 
thousand  pounds,  aforesaid,  shall  be  subscribed,  each  subscriber  shall 
be  entituled  to  such  a  part  of  said  proportion,  in  bills,  as  his  particular 
subscription  shall  bear  to  the  whole  sum  subscribed. 

Provided,  always, — 

[Sect.  3.]  That  no  person  shall  be  permitted  to  subscribe  for  more 
than  one  thousand  pounds,  sterling,  or  less  than  one  hundred  pounds, 
sterling ;  nor  shall  any  persons  be  admitted  to  subscribe,  but  such  as  are 
inhabitants  of  this  province,  until  the  said  first  day  of  July  next,  when, 
if  the  sum  subscribed  shall  appear  to  be  less  than  the  fifty-five  thousand 
pounds  aforesaid,  any  persons  whatsoever  shall  be  allowed  to  become 
subscribers  for  the  remainder,  and  in  such  sums  as  they  may  think 
proper,  preference  being  given  to  the  inhabitants  of  this  province. 

And  be  it  further  enacted, 

[Sect.  4.]  That  if  the  sums  subscribed,  as  aforesaid,  shall  not  be 
paid  into  the  province  treasurj'^  within  ten  daj's  after  public  notice,  given 
by  the  treasurer  in  the  Boston  Monday's  newspapers,  that  he  is  ready 
to  draw  the  bills  as  aforesaid,  then  he  shall  allow  an}^  person  or  persons 
whatsoever  to  become  subscribers,  in  room  of  those  who  shall  neglect  to 
pay  their  subscriptions  until  the  expiration  of  the  ten  days  aforesaid ; 
and  such  new  subscriber*  shall  be  intitled  to  such  bills  upon  their 
paying  for  them  at  the  rate  aforesaid.     [^Passed  and  published  June  12. 


CHAPTER    11. 


Preamble. 
1759-60,  chap. 
85. 


AN  ACT  TO  REVIVE  AND  CARRY  INTO  EXECUTION  AN  ACT,  MADE 
IN  THE  THIRTY-THIRD  YEAR  OF  THE  REIGN  OF  HIS  LATE  MAJESTY 
GEORGE  THE  SECOND,  INTIT[C7]LED  "  AN  ACT  FOR  RAISING  A  SUM  OF 
MONEY  BY  LOTTERY,  FOR  DRAWING  IN  SUCH  OF  THE  NOTES  OR 
BILLS  OF  THE  LATE  LAND-BANK  OR  MANUFACTORY  COMPANY,  AS 
ARE  YET  OUTSTANDING." 

Whereas,  in  and  by  an  act  made  in  the  thirty-third  year  of  the  reign 
of  his  late  majesty  George  the  Second,  intit[?i]led,  "An  Act  for  raising 
a  sum  of  money  by  lottery,  for  drawing  in  such  of  the  notes  or  bills  of 
the  late  Land-Bank  or  Manufactory  Company,  as  are  j^et  outstanding," 
Messieurs  Joshua  Henshaw,  Joseph  Jackson,  Thomas  Gushing,  Samuel 
Hewes,  John  Scollay,  Benjamin  Austin  and  Andrew  Oliver,  jun^'^., 
or  any  three  of  them,  were  [e][i]mpowered  to  raise  the  sum  of  three 
thousand  five  hundred  pounds  by  a  lottery  or  lotteries,  for  the  purposes 
therein  mentioned,  which  lotteiy  or  lotteries  were  to  be  wholly  com- 
pleated  and  finished  within  eighteen  months  from  the  first  day  of  March, 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  sixty ;  and 
whereas  the  said  Joshua  Henshaw,  Joseph  Jackson,  Thomas  Gushing, 
Samuel  Hewes,  John  Scollay,  Benjamin  Austin  and  Andrew  Oliver, 
jun^''^.,  in  pursuance  of  said  act,  have  caused  to  be  drawn  two  classes 
of  the  said  lottery,  and  have  also  issued  tickets  for  a  third  class  (the 
greatest  part  of  the  tickets  whereof  have  been  sold  and  disposed  of) , 
but  have  beeu  unavoidably  prevented   drawing  the  said  third  class 

*  Sic. 


[1st  Sess.] 


Pkovince  Laws. — 1762-63. 


583 


within  the  time  limited  by  law  for  com  pleating  the  same,  which  failure 
must  occasion  great  trouble  and  confusion,  and  will  be  of  considerable 
detriment  to  the  late  Land-Bank  or  Manufactory  Company,  unless  pro- 
\ided  against  bj'  law  ;  for  remedy  thereof, — 

Be  it  enacted  by  the  Governo[^[i']r,  Council  and  House  of  Bepre- 
sentatives, 

[Sect.  1.]  That  the  said  Joshua  Henshaw,  Joseph  Jackson,  Thomas  Managers 
Gushing,  Samuel  Hewes,  John  Scolla}',  Benjamin  Austin  and  Andrew  empowered  to 
Oliver,  jun'^'^3.,  or  any  three  of  them,  shall  and  may  draw,  or  cause  to 
be  drawn,  the  said  third  class  of  the  said  lottery,  and  compleat  the 
same  according  to  the  said  act  and  the  true  intent  and  meaning 
thei'eof,  notwithstanding  the  time  for  compleating  and  jBnishing  the 
same  is  expired. 

Provided,  nevertheless, — 

[Sect.  2.]     That  the  said  lotterj^  shall  be  compleated  and  finished 
on  or  before  the  first  day  of  December  next  ensuing.    [^Passed  June  12.* 


CHAPTEE    12. 


AN  ACT  FOR  APPORTIONING  AND  ASSESSING  THE  SUM  OF  SEVENTY- 
FIVE  THOUSAND  POUNDS;  ALSO  FOR  APPORTIONING  AND  ASSESSING 
A  TAX  OF  THREE  THOUSAND  TWO  HUNDRED  AND  SIXTY-FOUR 
POUNDS  FIFTEEN  SHILLINGS,  PAID  THE  REPRESENTATIVES  FOR 
THEIR  TRAVEL,  SERVICE  AND  ATTENDANCE  IN  THE  GENERAL 
COURT  IN  THE  YEAR  ONE  THOUSAND  SEVEN  HUNDRED  AND  SIXTY- 
ONE;  ALSO  FOR  APPORTIONING  AND  ASSESSING  A  TAX  OF  ONE 
HUNDRED  AND  FIFTY-ONE  POUNDS  THIRTEEN  SHILLINGS,  FOR 
FINES  LAID  UPON  TOWNS  THAT  HAVE  NOT  SENT  ANY  PERSONS  TO 
REPRESENT  THEM  IN  THE  GENERAL  COURT  THE  PRESENT  YEAR; 
AND  ALSO  FOR  ASSESSING  THE  TOWN  OF  PRINCETOWN,  FOR  THE 
SUM  OF  THIRTY-ONE  POUNDS  ONE  SHILLING  AND  SEVENPENCE 
BEING  SO  MUCH  ORDERED  BY  THE  GENERAL  COURT  TO  BE  ADDED 
TO  THEIR  TAX  THE  PRESENT  YEAR,  OVER  AND  ABOVE  THEIR 
PROPORTION  OF  WHAT  IS  LAID  ON  SAID  TOWN:  ALL  WHICH  SUMS 
AMOUNT  TO  SEVENTY-EIGHT  THOUSAND  FOUR  HUNDRED  AND 
FORTY-SEVEN  POUNDS  NINE  SHILLINGS  AND  SEVENPENCE. 

Whereas  the  great  and  general  court  or  assembly  of  this  province  1759-60,  chap.  8, 
did,  in  their  session  in  October,  one  thousand  seven  hundred  and  fifty-  §*• 
nine,  levy  a  tax  of  one  hundred  thousand  pounds  ;  and  also  at  their  ses- 
sion in  May,  one  thousand  seven  hundred  and  sixty-one,  did  levy  a  i76i_62,  chap, 
further  tax  of  forty-one  thousand  pounds;  and  at  the  same  session,  by  is,  §3.' 
one  other  act,  did  levy  a  further  tax  of  flftj'-five  thousand  pounds;  nei-ea, chap. 4, 
amounting  in  the  whole  to  one  hundred  and  ninet3'-six  thousand  pounds  :   S^* 
and,  by  the  aforesaid  acts,  provision  was  made    that   the  great  and 
general  court,  at  this  present  session,  might  apportion  the  same  on  the 
several  towns,  districts,  parishes  and  places  within  this  province,  if 
they  thought  fit ;  but  inasmuch  as  such  a  heavy  tax  will  be  insupport- 
able to  the  inhabitants  of  the  province,  under  their  present  distressed 
circumstances,  and  as  the  Parliament  of  Great  Britain  have  been  gra- 
ciously pleased  to  make  a  grant  to  the  colonies,  of  two  hundred  thousand 
pounds,  sterling,  to  recompence  them  for  their  services  and  expences 
in  the  expedition  for  the  year  one  thousand  seven  hundred  and  sixty, 
and  have  also  made  a  further  grant  to  the  colonies  of  the  sum  of  one 
hundred   and  thirty-three   thousand   three  hundred    and    thirty-thi*ee 

•  Signed  June  15,  according  to  the  record. 


584  Province  Laws.— 1762-63.  [Chap.  12.] 

pounds  six  shillings  and  eightpence,  sterling,  to  recom pence  them  for 
their  services  and  expences  in  the  expedition  for  the  j'ear  one  thousand 
seven  hundred  and  sixtj^-one ;  which  monies,  when  drawn  for  by  the 
province,  or  otherwise  received  into  the  treasuiy,  with  the  tax  of  sev- 
enty-five thousand  pounds  agreed  to  be  assessed  and  levied  this  year, 
will  be  sufficient  to  redeem  the  government  securities,  with  the  interest 
that  will  become  due  in  June  next, — which  the  treasurer  is  hereby 
directed  and  impowered  to  apply  to  that  purpose  when  the  same  shall 
be  received  into  the  treasury,  and  for  no  other  purpose  whatsoever ; 
wherefore,  for  the  ordering,  directing  and  effectual  drawing  in  the  said 
sum  of  seventy-eight  thousand  four  hundred  and  fortj'-seven  pounds 
nine  shilUngs  and  sevenpence,  we,  his  majestj^'s  most  lojal  and  dutiful 
subjects,  the  representatives  in  general  court  assembled,  pray  that  it 
may  be  enacted, — 

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

[Sect.  1.]  That  each  town,  district,  parish  or  other  place  within 
this  province,  be  assessed  and  pay,  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  seventy-eight  thousand  four  hundred 
and  forty-seven  pounds  nine  shillings  and  sevenpence,  the  several  sums 
following ;  that  is  to  say, — 


[1st  Sess.] 


Pkovince  Laws. — 1762-63. 


685 


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586 


Province  Laws.— 1762-63. 


[Chap.  12.] 


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Peovixce  Laws.— 1762-63. 


593 


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Province  Laws.— 1762-63. 


[Chap.  12.] 


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[1st  Sess.] 


Province  Laws. — 1762-63. 


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596  Province  Laws.— 1762-63.  [Chap.  12.] 

A7id  be  it  further  enacted. 
Rules  for  [Sect.  2.]     That  the  treasurer  do  forthwith  send  out  his  warrants, 

•sBesament.  dii'ected  to  the  selectmen  or  assessors  of  each  town,  district,  parish  or 
other  place  within  this  province,  that  are  taxed,  requiring  them,  respec- 
tively, to  assess  the  sum  hereby  set  upon  such  town,  district,  parish  or 
other  place,  in  manner  following ;  that  is  to  say,  to  assess  all  rateable 
polls,  above  the  age  of  sixteen  years,  within  their  respective  towns, 
districts,  parishes  or  other  places,  or  next  adjoining  to  them,  belong- 
ing to  no  other  town  or  place,  at  ten  shillings  per  poll,  and  proportion- 
ably  in  assessing  the  fines  mentioned  in  this  act,  and  the  additional  sum 
received  out  of  the  treasury,  for  the  payment  of  representatives  (ex- 
cepting the  governor,  lieutenant-governor,  and  their  families,  the  presi- 
dent, fellows,  professors,  Hebrew  instructor  and  students  of  Harvard 
College,  settled  ministers,  and  grammar-school  masters,  who  are  here- 
by exempted  as  well  from  being  taxed  for  their  polls,  as  their  estates 
being  in  their  own  hands,  aud  under  their  actual  management  and  im- 
provement ;  as  also  the  estate  pertaining  to  Harvard  College)  ;  and  other 
persons,  if  such  there  be,  who,  through  age,  infirmity  or  extreme  pov- 
erty, in  the  judgment  of  the  assessors,  are  not  able  to  pay  towards 
public  charges,  they  may  exempt  their  polls,  or  abate  part  of  what 
they  are  set  at,  as,  in  their  prudence  they  shall  think  fit  and  judge 
meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  respec- 
tive counties  assembled,  in  granting  a  county  tax  or  assessment,  are 
hereby  ordered  and  dii'ccted  to  apportion  the  same  on  the  several 
towns,  districts,  parishes  and  other  places  in  such  county,  in  propor- 
tion to  their  province  rate  ;  aud  the  assessors  of  each  town  in  the  prov- 
ince are  also  directed,  in  making  an  assessment,  to  govern  themselves 
by  the  same  rule  ;  and  the  incomes  of  all  estates,  both  real  and  per- 
sonal, Ij'ing  with*  the  limits  of  such  town,  district,  parish  or  other 
place,  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  be- 
fore excepted,  do  or  shall  receive  from  au}-  trade,  faculty,  business  or 
employment  whatsoever,  aud  all  profits  which  shall  or  ma}-  arise  by 
mone}^,  or  commissions  of  profit,  in  their  impi'ovemeut,  according  f 
their  understanding  or  cunning,  at  twelvepence  per  pound ;  and  to 
abate  or  multiply  the  same,  if  need  be,  so  as  to  make  up  the  sum  set 
and  ordered  hereby  for  each  town,  district,  parish  or  other  place  to 
pay  ;  and  in  making  theii'  assessment,  to  estimate  houses  aud  lands  at 
six  years'  yearly  rent  whereat  the  same  maj'  be  reasonabl}'  set  or  let 
for  in  the  place  where  they  lye  :  saving  all  contracts  between  landlord 
and  tenant,  and,  where  no  contract  is,  the  landlord  to  re-imburse  one- 
half  of  the  tax  set  upon  such  houses  and  lands  ;  and  to  estimate  negi-o, 
Indian  and  mollatto  ser^-ants  proportionably  as  .other  personal  estate, 
according  to  their  sound  judgment  and  discretion  ;  as  also  to  estimate 
ever}'  ox  of  four  years  old  and  upwards,  at  fort}'  shillings  ;  and  every 
cow  or  heifer  of  three  years  old  and  upwards,  at  thirty  shillings  ;  and 
every  horse  aud  mare  of  thi'ee  years  old  and  upwards,  at  forty  shil- 
lings ;  and  every  swine  of  one  year  old  and  upwards,  at  eight  shillings  ; 
goats  and  sheep  of  one  year  old,  at  three  shilUngs  each  ;  the  several 
creatures  above  mentioned,  to  be  taxed  to  their  respective  owners  or 
occupants,  by  the  assessors  of  the  towns  in  which  the  owners  or  occu- 
piers dwell :  likewise  requiring  the  said  assessors  to  make  a  fair  list  of 
said  assessment,  setting  forth,  in  distinct  columns,  against  each  particu- 
lar person's  name,  how  much  he  or  she  is  assessed  at  for  polls,  and 

*  Sic:  within. 

t  "  to  "  evidently  omitted. 


[1st  Sess.]  Peovince  Laws.— 1762-63.  '  597 

Low  much  for  houses  and  lands,  and  how  much  for  personal  estate, 
and  income  by  trade  or  facultj',  and  if  as  guardians,  or  for  any  es- 
tate, in  his  or  her  improvement,  in  trust,  to  be  distinctl}'  expressed  ; 
and  the  list  or  lists  so  perfected,  and  signed  by  them,  or  the  major  part 
of  them,  to  commit  to  the  collector,  constable  or  constables  of  any 
such  town,  district,  parish  or  place,  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  November  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,  dis- 
trict, parish  or  place,  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  their  accompts  of  the  whole,  at  or 
before  the  thirty-first  day  of  March,  which  will  be  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  sixty -three. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  assessors  of  each  town,  district,  parish  or  inbabitants to 
other  place,  respectively,  in  convenient  time  before  their  making  of  bring  in  a  true 
the  assessment,  shall  give  seasonable  warning  to  the  inhabitants,  in  a  poiis,  estlte, «w5. 
town-meeting,  or  by  posting  up  notifications  in  some  place  or  places  in 
such  town,  district,  parish  or  place,  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,  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  tliem ;  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  per- 
son or  persons,  accoi'ding  to  their  Ivnown  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  pen- 
alty of  twenty  shillings  for  each  person  that  shall  be  convicted  by  legal 
proof,  in  the  judgment  of  said  assessors,  in  bringing  in  a  false  list ;  the 
said  fines  to  be  for  the  use  of  the  poor  of  such  town,  district,  parish  or 
place  where  the  delinquent  lives,  to  be  levied  by  warrant  from  the 
assessors,  directed  to  the  collectors  or  constables,  in  manner  as  is 
du'ected  for  gathering  the  town  assessments,  to  be  paid  in  to  the  town, 
district  or  parish  treasurer  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  the  case  of  being  overrated. 
And  if  any  person  or  persons  shall  not  bring  in  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  any 
abatement  of  the  assessment  laid  on  him  or  them. 

[Sect.  6.]  And  if  the  person  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  by  money  at  interest  or  otherwise,  or  other  estate  not 
particularly  assessed,  such  list  shall  be  a  rule  for  such  person's  propoi'- 
tion  to  the  tax,  which  the  assessors  ma}'  not  exceed. 

And  forasmuch  as,  oftentimes,  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  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  pay  nothing  towards  the  support 


598 


Province  Laws.— 1762-63.  [Chap.  12.] 


Transient 
traders  to  be 
rated. 


Merchants  to  be 
rated  for  carry- 
ing on  trade  in 
any  town  be- 
sides where 
they  dwell. 


Selectmen  to 
transmit  the  list 
of  such  persona 
before  they  are 
rated. 


Inhabitants  of 
Boston  who  re- 
move out  of 
town  and  return 
in  a  year,  to  pay 
their  tax  in  said 
town. 


Treasurer  em. 
powered  to 
issue  a  further 
warrant  for  an 
assessment,  in 
case,  &c. 


of  the  government,  though,  in  the  time  of  tlieir  residing  here,  thej-reaped 
considerable  gain  by  trade,  and  Iiad  the  protection  of  the  government, — • 

Be  it  therefore  enacted, 

[Sect.  7.]  Tliat  when  any  person  or  persons  shall  come  and  reside 
in  any  town  within  this  province,  and  bring  aii}^  merchandize,  or  trade, 
to  deal  therewith,  the  assessors  of  such  town  are  hereb}'  impowered 
to  rate  and  assess  all  such  persons,  according  to  their  circumstances, 
pursuant  to  the  rules  and  directions  of  this  act  provided,  though  the 
former  rate  may  have  been  finished,  and  a  new  one  not  perfected,  as 
aforesaid. 

And  be  it  further  enacted, 

[Sect.  8.]  That  when  any  merchant,  trader  or  factor,  shall  set  up 
a  store,  and  traflSck,  or  carry  on  any  trade  or  business,  in  any  town 
within  this  province,  not  being  an  inhabitant  of  such  town,  the  assess- 
ors 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,  traders  and  factors,  their  goods  and  merchandizes,  for  car- 
rying 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  aforementioned,  the  select- 
men of  the  town  where  such  trade  is  carried  on  shall  transmit  a  list 
of  such  persons  as  they  shall  judge  ma}'  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  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  ivhereas  it  has  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.  10.]  That  when  any  inhabitant  of  the  town  of  Boston  shall 
remove  to  any  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  have  removed  from  said  Boston  {saving  so  much  as 
he  shall  be  taxed  in  the  town  removed  to) ,  anything  in  this  act  to  the 
contrary  notwithstanding. 

And  be  it  farther  enacted, 

[Sect.  11.]  That  if  the  treasurer  shall  not  receive  so  much  of  the 
several  parliamentary  grants  by  this  act  aj^propriated  for  the  redemp- 
tion of  the  treasurer's  notes  that  shall  become  due  in  June  next, 
and  the  general  court  shall  not  otherwise  provide  for  the  redemption 
of  said  notes  on  or  before  the  twentieth  day  of  January  next,  then, 
and  in  that  case,  he  shall  issue  forth  his  warrants,  directed  to  the 
selectmen  or  assessors  in  each  of  the  towns  and  districts  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  whatever  sums  shall  be  wanting  of  the  said 
parliamentary  grants,  for  the  purpose  aforesaid,  to  be  paid  into  the 
publick  treasury  by  the  thirty-first  day  of  March,  one  thousand  seven 
hundred  and  sixty-three  ;  and  the  assessors,  as  also  all  persons  assessed, 
shall  observe,  be  governed  by,  and  subject  to,  all  such  rules  and  direc- 
tions as  shall  have  been  given  in  the  then  last  preceeding  tax  act. 
[Passed  June  12.* 

*  Signed  June  15,  according  to  the  record. 


[1st  Sess.]  Peovifce  Laws. — 1762-63. 

CHAPTER    13. 

AN  ACT    IN  ADDITION    TO    THE    SEVERAL    ACTS    MADE    TO    PREVENT 
DAMAGE  BY  FIRE  IN  THE  TOWN  OF  BOSTON. 

Whereas  great  damage  has  arisen  from  fire  which  has  began  in  bake- 
houses, and  spread  to  the  buildings  adjacent, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  from  and  after  the  publication  of  this  act,  it  shall 
not  be  lawful  for  any  person  to  occupy  or  improve  any  tenement  or 
building,  whatsoever,  in  any  part  of  the  town  of  Boston,  for  the  business 
or  employment  of  baking  of  bread,  for  sale,  other  th[e]  [a]n  such  as  are 
now  occupied  and  improved  for  that  use,  unless  in  such  parts  of  the  town 
as  the  justices  of  the  peace  and  selectmen  of  the  said  town,  or  the  major 
part  of  both,  shall  determine  convenient, — such  determination  to  be 
certified  under  their  hands  ;  and  if  any  person  shall  oflend  against  this 
act,  he  shall  forfeit  and  pay  the  sum  of  forty  pounds  for  every  six 
months,  (and  so  in  proportion  for  a  greater  or  lesser  time),  he  shall 
so  occupy  or  improve  any  tenement  or  building  that  shall  not  be 
licen[s][c]ed  or  allowed,  as  aforesaid,  other  than  such  as  are  now  oc- 
cupied or  improved  for  that  use ;  one  half  thereof  to  be  paid  for  the  use 
of  the  poor  of  the  town  of  Boston,  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  of  Suffolk. 

[Sect.  2.]  This  act  to  continue  in  force  until[l]  the  thirtieth  day  of 
January,  one  thousand  seven  hundred  and  seventy-one,  and  no  longer. 
[Passed  June  15.* 

*  Published  Jane  12,  according  to  the  printed  acts. 


699 


Preamble. 
1692-93,  ch.  13. 
1711-12,  ch.  5. 
1748-49,  ch.  14. 
1759-60,  ch.  30. 
1760-61,  chaps, 
9  and  32. 
Bake-houses  to 
be  licensed. 


Penalty  for 
improving  such 
without  license. 


Continuance  of 
the  act. 


600 


Pkovikce  Laws.— 1762-63. 


[Chap.  14.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Eighth  day  of  September,  A.D.  1762. 


CHAPTER    14. 


Preamble. 


Bowdoinham 
bounds. 


Town  privi- 
leges. 


Town-meeting 
to  be  notified. 


AN  ACT   FOR   INCORPORATING    A    CERTAIN    TRACT    OF    LAND  IN  THE 
COUNTY  OF    LINCOLN,  INTO  A  TOWNSHIP  BY  THE  NAME   OF    BOW 
DOINHAM. 

Whereas  the  inhabitants  of  a  certain  tract  of  land,  tying  on  the  west 
side  of  Keunebec[fc]  River,  in  the  county  of  Lincohi,  are  des[iroMs*]  of 
enjoying  the  privile[d]ges  that  will  arise  to  them  by  being  incorporated 
into  a  town, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  tract  of  land  aforesaid,  butted  and  bounded  as 
follows;  v[i^.*],  beginning  upon  Kennebec[A;]  River,  on  the  northerly 
line  of  a  lot  of  land  containing  thirtj'-two  hundred  acres,  being  lot 
number  four,  granted  [by  the*']  proprietors  of  the  Kennebec  [A;]  pur- 
chase from  the  late  colony  of  New  Ptymouth,  to  WiUiam  Bowdoin,  Esq., 
— the  line  aforesaid  being  about  four  miles  [above*] ,  or  to  the  northward 
of,  a  point  of  land  called  Abagadusset  Point,  which  makes  the  most 
northerly  part  of  Merr^-meeting  Bay,  in  said  river,  and  [where*]  said 
bay  begins  on  that  side  ;  from  thence  ;  viz^^'^,  from  the  river  aforesaid, 
where  said  line  strikes  it,  to  run  a  west-north-west  course,  upon  the 
Ty[ortherly*]  line  of  the  lot  aforesaid,  five  miles  ;  and  from  the  end  of 
said  five  miles,  to  run  a  south-south-west  course  'till  it  shall  strike  a  line 
running,  from  [the  south-*] westerly  end  of  Brick  Island,  a  west-north- 
west course  into  the  land  (this  line  being  the  southerly  line  of  a  tract  of 
land  granted  by  the  proprietors  aforesaid  to  James  Bowdoin,  Esq^'^. )  ;  and 
from  thence,  running  an  east-south-east  course,  upon  the  last-mentioned 
line,  to  the  south-westerly  end  of  the  island,  aforesaid,  which  l[y][Qes 
in  Merrj-meeting  Ba^",  and  [co7i*]tains  about  ten  acres,  more  or  less ; 
and  from  thence,  running  (including  said  island)  to  Abagadusset  Point 
aforesaid  ;  and  from  thence,  up  the  river  aforesaid,  to  the  line  first  men- 
tioned,— be  and  hereby  is  erected  into  a  township  by  the  name  of  Bow- 
doinham ;  and  that  the  inhabitants  thereof  be  and  hereby  are  invested 
with  all  the  powers,  privile[cZ]ges  and  immunities  which  the  inhabitants 
of  the  towns  within  this  province  respectively  do,  or  by  law  ought  to, 

enjoy. 

And  be  it  further  enacted, 

[Sect.  2.]  That  William  Lithgow,  Esq.,  be  and  he  hereby  is  im- 
powered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  in 
said  township,  to  notify  and  warn  the  inhabitants  in  said  township, 
qualified  by  law  to  vote  in  town  affairs,  to  meet  at  such  time  and  place 

*  Parchment  mutilated. 


[2d  Sess.]  Province  Laws.— 1762-63.  601 

as  shall  be  therein  set  forth,  to  choose  all  such  officers  as  shall  be  neces- 
sary to  manage  the  affairs  of  said  township.  \^Passcd  and  published 
September  18. 

CHAPTER   15. 

AN  ACT  FOR  ERECTING  THE  SOUTH  PART  OF  BRIMFIELD,  IN  THE 
COUNTY  OF  HAMPSHIRE,  INTO  A  DISTRICT  BY  THE  NAME  OF  SOUTH 
BRIMFIELD. 

Whereas  the  inhabitants  of  the  south  part  of  Brimfield,  in  the  county  Preamble, 
of  Hampshire,  have  represented  to  this  court  the  great  difficulties  and 
inconveniences  they  labour  under  in  their  present  situation,  and  have 
earnestly  requested  that  they  may  be  incorporated  into  a  distinct, — 

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

[Sect.  1.]  That  the  said  south  part  of  Brimfield,  bounded  as  fol-  Soutb  Brimfield 
lows  ;  viz^.,  beginning  with  the  first  bounds,  in  the  colou}^  line,  at  the  ^°"°'^*- 
south-west  corner  of  Sturbridge,  being  the  south-east  corner  of  Brim- 
field ;  from  thence,  to  run  first,  north,  in  the  line  between  said  Brimfield 
and  Sturbridge,  to  the  north  line  of  the  farm  called  Winthrop's  farm, 
being  four  miles  ;  thence,  to  run  west,  about  eight  degrees  north,  in  the 
north  line  of  said  farm,  to  the  north-west  corner  thereof,  and  so  to  ex- 
tend, the  same  course,  or  a  parallel  line  with  the  colony  line,  to  the  east 
line  of  Monson  district,  being  about  six  miles  and  an  half;  then,  to  turn 
and  run  south,  in  the  line  between  said  Brimfield  and  Monson,  to  the 
colon}'  line,  being  four  miles  ;  and  from  thence,  in  said  colon}-  line,  to  the 
first  mentioned  boundar}-, — be  and  is  hereby  incorporated  into  a  distinct 
and  seperate  district  by  the  name  of  South  Brimfield  ;  and  that  the 
said  district  be  and  hereby-  is  invested  with  all  the  priviledges,  powers 
and  immunities,  that  towns  in  this  province  do  and  b}-  law  may  enjo}*, 
that  of  sending  a  representative  to  the  general  assembly  onl}'  excepted  ; 
and  that  the  inhabitants  of  said  district  shall  have  full  pov/^er  and  right, 
from  time  to  time,  to  join  with  the  town  of  Brimfield  in  the  choice  of  To  join  with 
a  representative  or  representatives  ;  in  which  choice  the}'  shall  enjoy  ^hoosfngVe'pre. 
all  the  priviledges  which  the  inhabitants  of  the  several  towns  within  this  sentatives. 
province  are  intit[?t]led  to ;  and  that  the  selectmen  of  the  town  of 
Brimfield,  as  often  as  they  shall  call  a  meeting  for  the  choice  t)f  a  rep- 
resentative, 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  join  them  therein  ;  and  the  clerk  of  said 
district  shall  set  up,  in  some  public [fc]  place  in  said  district,  a  notifi- 
cation thereof  accordingly :  which  representatives  may  be  chosen 
indifierently  from  said  town  or  district ;  the  pa}-  and  allowance  to  be 
born  by  said  town  and  district  and  the  district  of  Monson,  in  pro- 
portion as  they  shall,  from  time  to  time,  pay  to  the  province  tax. 

Provided,  nevertheless, — 

And  be  it  further  enacted, 

[Sect.  2.]     That  the  said  district  shall  pay  their  proportion  of  all  Proviso, 
town,  county  and  province  taxes,  already  set  on,  or  granted  to  be  raised 
by,  said  town  of  Brimfield,  as  if  this  act  had  not  been  made. 

And  be  it  further  enacted, 

[Sect.  3.]  That  Josiah  Dwight,  Esq^'^.,  be  and  hereby  is  [e][i]m-  District-meeting 
powered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  in  to  be  notified, 
said  district,  requiring  him  to  notify  and  warn  the  inhabitants  of  said 
district,  qualified  by  law  to  vote  in  town  afi"airs,  to  meet  at  such  time 
and  place  as  shall  be  therein  set  forth,  to  chuse  all  such  officers  as  shall 
be  necessary  to  man  [n] age  the  afiairs  of  said  district.  \_Passed  and 
published  September  18. 


602 


PBOvmcE  Laws.— 1762-63.  [Chap.  16.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twelfth  day  of  January,  A.D.  1763. 


CHAPTER  16. 


Preamble. 


Treasurer  em- 
powered to  bor- 
row £45,000. 


Form  of  treas- 
urer's  receipt. 


1749-50,  chap. 
10. 


AN  ACT  TO  SUPPLY  THE  TREASURY  WITH  THE  SUM  OF  FORTY-FIVE 

THOUSAND  POUNDS. 

Whereas  no  provision  is  made  by  this  court  to  pay  off  the  forces 
employed  by  this  government  for  their  services  in  the  year  one  thou- 
sand seven  hundred  and  sixty-two,  under  the  command  of  General 
Amherst ;  and  a  further  sum  is  necessary  to  pay  off  the  forces  that 
were  employed  by  this  government  in  the  year  one  thousand  seven 
hundred  and  sixty-one,  who  continued  in  the  service  over  the  winter 
following,  under  the  command  of  the  aforesaid  general ;  and  a  further 
sum  is  also  necessary  to  defrey  the  common  charges  of  government  to 
May  next ;  therefore,  to  support  the  faith  and  credit  of  the  government, 
and  to  defrey  the  charges  aforesaid, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives. 

[Sect.  1.]  That  the  treasurer  be  and  he  hereby  is  directed  and 
empowered  to  borrow,  of  such  persons  as  shall  appear  ready  to  lend,  a 
sum  not  exceeding  forty-five  thousand  pounds  ;  and  for  every  such  sum 
so  borrowed  the  treasurer  shall  give  his  receipt  or  obligation  in  the 
form  following ;  viz^., — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.  D.  176  . 

Borrowed  and  received  of  the  sum  of  ,  for  the  use  and  ser- 

vice 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  to  his  order,  on  the  twentieth  day 

of  June,  A.  D.  one  thousand  seven  hundred  and  sixty-six,  the  aforesaid  sum 
of  ,  in  Spanish  mill'd  dollars  at  six  shillings  each,  or  in  the  several 

species  of  coined  silver  and  gold  enumerated  in  an  act,  made  and  passed  in 
the  twenty-third  year  of  his  late  majesty  King  George  the  Second,  intituled 
"  An  Act  for  ascertaining  the  rates  at  which  coined  silver  and  gold,  English 
halfpence  and  farthings,  may  pass  within  this  government,"  and  according 
to  the  rates  therein  mentioned,  with  interest,  annually,  at  six  per  cent. 
Witness  my  hand,  H.  G.,  Treasurer. 

A.  B.,) 

C.  D.,  >  Committee. 

E.  F.,i 

—  and  no  receipt  or  obligation  shall  be  given  for  a  less  sum  than  six 
pounds. 

[Sect.  2.]  And  the  treasurer,  in  issuing  said  recei[p]ts  or  obliga- 
tions, and  the  committee  chosen  to  countersign  them,  shall  observe 
and  be  governed  by  the  rules  and  directions  given  them  by  an  act  of 


[3d  Sess.] 


PnovmcE  Laws. — 1762-63. 


603 


this  province,  made  in  the  second  year  of  his  present  majesty's  reign, 
intituled  "An  Act  to  supply  the  treasury  with  the  sum  of  twent3'-tive 
thousand  pounds." 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  said  forty-five  thousand  pounds,  when  received 
into  the  treasury,  shall  be  issued  in  the  manner  and  for  the  purposes 
following  ;  that  is  to  say,  three  thousand  pounds,  part  of  the  aforesaid 
sum  of  forty-five  thousand  pounds,  shall  be  applied  for  the  corapleat- 
ing  the  payment  of  the  forces  in  the  year  one  thousand  seven  hundred 
and  sixty-one ;  and  the  further  sum  of  forty  thousand  pounds,  part  of 
the  aforesaid  sum  of  forty-five  thousand  pounds,  shall  be  applied  for 
the  pa3-ment  of  the  forces  for  their  service  in  the  year  one  thousand 
seven  hundred  and  sixty-two  ;  and  the  remaining  sum  of  two  thousand 
pounds,  part  of  the  aforesaid  sum  of  forty-five  thousand  pounds,  shall 
be  applied  for  the  payment  of  [the]  grants  made  or  to  be  made  by 
this  court. 

And  in  order  to  draw  said  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.  4.]  That  there  be  and  hereby  is  granted  unto  his  most  ex- 
cellent majest}^  a  tax  of  fifty-four  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  this  province  as  shall  be  agreed  on  and  ordered  by  the 
general  court  or  assembly  at  their  session  in  June,  one  thousand  seven 
hundred  and  sixty-five  ;  and  to  be  paid  into  the  public  treasury'  on  or 
before  the  thirty-first  day  of  March,  one  thousand  seven  hundred  and 
sixty-six. 

And  be  it  further  enacted, 

[Sect.  5.]  That  if  the  general  court  at  their  session  in  June,  one 
thousand  seven  hundred  and  sixt3'-flve,  and  some  time  before  the  twen- 
tieth day  of  June  in  said  3'ear,  shall  not  agree  and  conclude  upon  an 
act  apportioning  the  sums  which  b3-  this  act  are  engaged  to  be  paid  in 
said  year,  apportioned,  assessed,  and  levied,  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  sum  as  the  said  towns  and  districts  were 
taxed  by  the  general  court  in  the  tax  then  last  preceeding. 

[Sect.  6.]  And  the  province  treasurer  is  hereb3^  fully  empowered 
and  directed,  some  time  in  said  month  of  June,  in  the  same  3'ear,  one 
thousand  seven  hundred  and  sixty-five,  to  issue  and  send  forth  his  war- 
rants, directed  to  the  assessors  or  selectmen  of  each  town  and  district 
within  this  province,  requiring  them  to  assess  the  jjolls,  and  estates 
both  real  and  personal,  within  their  several  towns  and  districts,  for 
their  respective  parts  and  proportions  of  the  sums  before  directed  and 
engaged  to  be  assessed,  to  be' paid  into  the  tx'easury  on  the  afore-men- 
tioned time  ;  and  the  assessors,  as  also  persons  assessed,  shall  observe, 
be  governed  b3',  and  subject  to,  all  such  rules  and  directions  as  shall 
have  been  given  in  the  last  preceeding  tax  act. 

And  be  it  further  enacted, 

[Sect.  7.]  That  the  treasurer  pay  the  sum  of  forty-five  thousand 
pounds  out  of  such  appropriations  as  shall  be  directed  by  warrant,  and 
no  other ;  and  the  secretary  to  whom  it  belongs  to  keep  the  muster- 
rolls  and  accounts  of  charge,  shall  lay  before  the  house  of  representa- 
tives, when  they  direct,  such  muster-rolls  and  accounts,  after  paj'ment 
thereof, — 


1761-62,  chap. 
23. 


Money  tor- 
rowed,  how  to 
be  applied. 


Tax  of  £54,000, 
granted  in  1765. 


Rule  for  appor* 
tioning'the  tax 
in  case  no  tax, 
act  shall  be 
agreed  on. 


Money  to  be 
paid  out  of  ths 
respective  ap. 
propriations. 


604 


Province  Laws.— 1762-63.         [Chap.  17.] 


Provided,  always, — 
Proviso.  [Sect.  8.]     That  the  remainder  of  the  sum  that  shall  be  brought 

into  the  treasur}-  b}'  the  taxes  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  treas- 
ury, to  be  applied  as  the  general  court  of  this  province  shall  hereafter 
order,  and  to  no  other  purpose  whatever.  [Passed  January  21 ;  pub- 
lished February  26,  1763.* 


CHAPTEE    17. 

AN  ACT  FOR  ERECTING  A  NEW  PLANTATION  IN  THE  COUNTY  OF 
HAMPSHIRE,  CALLED  ROXBURY-CANADA,  TOGETHER  WITH  SUN- 
DRY FARMS  LYING  THEREIN,  ALSO  A  PIECE  OF  LAND  BELONGING 
TO  THIS  PROVINCE,  LYING  ON  THE  NORTHERLY  SIDE  THEREOF, 
INTO   A   TOWN  BY  THE   NAME   OF  WARWICK. 


Preamble. 


Town  of  War- 
wick incorpo- 
rated. 


Provision  for 
paying  the  pres- 
ent minister's 
salary. 


Inhabitants  to 
be  warned. 


Whereas  the  new  plantation  called  Roxbury-Canada,  in  the  county 
of  Hampshire,  labours  under  many  difficulties  and  inconvenienc[i]es 
by  means  of  their  not  being  a  town  ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  said  new  plantation,  called  and  known  b}*  the 
name  of  Roxbury-Canada,  together  with  sundr}^  farms  lying  therein, 
and  a  piece  of  land  lying  on  the  northerly  side  of  said  township,  be- 
longing to  this  province ;  the  whole  bounded,  west,  on  Northfield ; 
south,  partly  on  Ervingshire  and  partly  on  Athol ;  easterly,  on  Ro}'- 
al[l]shire  ;  northerly,  on  the  province  line ;  be  and  hereby  is  erected 
into  a  town  by  the  name  of  Warwick ;  and  that  said  town  be  and 
hereby  is  invested  with  all  the  powers,  privile[d]ges  and  immunities 
that  any  of  the  towns  in  this  province  do  or  may  by  law  enjoy. 

And  ivhereas  the  inhabitants  of  said  new  plantation  have  petitioned 
the  general  court  that  there  might  be  a  tax  of  one  penny  per  acre  laid 
on  all  private  property  in  said  township,  for  defreying  the  charges  that 
have  and  may  arise  within  the  same,  and  the  proprietors  and  inhabit- 
ants having  agreed  thereto,  for  the  space  of  three  years,  on  the  condi- 
tions following ;  Yiz^'-^.,  that  the  said  inhabitants  shall  become  obliged 
to  pay  their  reverend  pastor,  Mr.  Lemuel  Hedge,  his  salary,  for  the 
future,  so  as  fully  to  indemnify  the  said  proprietors  from  any  further 
charges  respecting  the  same, — 

Be  it  therefore  enacted, 

[Sect.  2.]  That  there  be  and  hereby'  is  granted  a  tax  of  one  penn}'' 
per  acre,  to  be  levied  and  assessed  upon  all  lands  that  are  private  prop- 
erty in  said  township,  for  the  term  of  three  years  next  ensuing,  to  the 
support  of  the  minister,  and  other  necessary  charges  within  the  same, 
on  conditions  that  said  inhabitants  shall  speedily  become  obliged  to 
their  said  reverend  pastor  for  his  support  in  the  ministry  amongst  them, 
so  as  full^'  to  discharge  the  proprietors  from  any  further  demands  on 
account  thereof,  except  it  be  b^-  the  further  orders  of  this  government. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  Seth  Field,  Esq^'^. ,  be  and  hereby  is  [e]  [?']mpowered 
to  issue  his  warrant,  directed  to  some  principal  inhabitant  of  said  town, 
requiring  him  to  warn  the  inhabitants  of  said  town,  qualified  to  vote  in 
town  affairs,  to  assemble  at  some  suitable  place  in  said  town,  to  chuse 

*  Signed  and  published  February  25,  U63,  according  to  the  record  and  the  printed 
acts. 


[3d  Sess.] 


Province  Laws.— 1762-63. 


605 


all  necessar}'  officers  to  manage  the  affairs  of  said  town,  and  to  assess, 
levy  and  oollect  the  aforesaid  land-tax.  [^Passed  February  17  ;  *  pub- 
lished February  26,  1763, 


CHAPTER    18. 


Prisoners  for 
debt,  who  have 
no  estate,  to  , 
apply  to  two 
justices. 

1759-60,  chap. 
12. 


Justices'  notifl« 
cation  to  the 
creditors,  how 
to  be  served. 


AN  ACT  FOR  THE  RELIEF  OF  POOR  PRISONERS  FOR  DEBT. 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  when  any  person  [s],  standing  committed  for  debt 
or  damages,  shall  complain  that  he  or  she  hatli  not  estate  sufficient  to 
support  him  or  herself  in  prison,  the  goaler  or  keeper  of  such  prison 
shall,  at  the  request  of  such  prisoner,  apply  to  two  justices  of  the 
peace  within  the  count}',  quorum  unus ;  who  shall  thereupon  make  out 
a  notification,  under  their  hands  and  seals,  to  be  served  on  the  creditor 
or  creditors  of  such  prisoner,  if  he,  she  or  they  live  within  this  province, 
his  or  her  executor,  administrator,  agent  or  attorney,  who  brought  for- 
ward the  suit  upon  which  judgment  was  made  up  and  execution  issued, 
upon  wliich  the  prisoner  stands  committed,  b}^  reading  the  same  to 
them,  or  b}'  leaving  an  attested  cop}'  thereof  at  the  place  of  his  or 
her  or  their  usual  abode,  or,  if  out  of  the  province,  then  to  be 
left  at  the  place  of  the  usual  abode  of  such  creditor  or  creditors' 
agent  or  attorney,  as  aforesaid,  thereby  signifying  to  him,  her  or  them, 
such  prisoner's  desire  of  taking  the  priviledge  and  benefit  allowed  in 
and  by  this  act,  and  of  the  time  and  place  appointed  for  the  intended 
caption  of  his  or  her  oath  ;  which  notification  shall  be  served  at  least 
forty  days  before  the  caption,  and  so  certified  to  the  justices,  that  he, 
she  or  they  may  be  present,  if  they  see  cause  ;  and  in  case  any  creditor 
lives  out  of  this  province,  and  hath  no  agent  or  attorney  in  it  as  afore- 
said, the  justices  shall  cause  a  notification  to  be  left  with  the  clerk  of 
the  court  from  which  the  execution  issued,  fifty  days  before  the  intended 
caption  :  and  such  justices,  or,  in  case  of  their  non-attendance,  then 
any  other  two  justices,  quorum  tinus,  are  hereby  [e][i]mpow[e]red  to 
administer  to  the  debtor,  if  they  thinlc  proper  so  to  do,  after  they  have 
fully  examined  and  heard  the  parties,  the  following  oath  ;  \\z^^K, — 

I,  A.  B.,  do,  upon  my  oath,  solemnly  profess  and  declare,  before  Almighty  Form  of  the 
God,  that  I  have  not  any  estate,  real  or  personal,  in  possession,  reversion  or  re-  °^^^- 
mainder,  sufficient  to  support  myself  in  prison,  or  to  pay  prison  charges ;  and 
that  I  have  not,  since  the  com[m]encement  of  tliis  suit  upon  me,  nor  at  any 
other  time,  directly  or  indirectly,  sold,  leased,  or  otherwise  conveye<],  or  dis- 
posed of  to,  or  intrusted  any  person  or  persons  whomsoever  with,  all  or  any 
part  of  the  estate,  real  or  personal,  whereof  I  have  been  the  lawful  owner  or 
possessor,  with  any  intent  or  design  to  secure  the  same,  or  to  receive  or  to 
expect  any  profit  or  advantage  therefrom ;  or  done,  caused  or  suffered  to  be 
done,  anything  else  what[sot]ever  whereby  any  of  my  creditors  may  be  de- 
frauded.    So  help  me  God. 

—  which  oath  being  taken  by  such  prisoner,   and  certificate  thereof  prisoners  to  be 
made,  under  the  hands  and  seals  of  the  justices  administring  the  same,   discharged,  in 
to  the  goaler  or  keeper,  he  shall  thereupon  set  such  prisoner  at  liberty, 
unless  the  creditor  or  creditors,  agent  or  attorney,  notified  as  aforesaid, 
his,  her  or  their  executor  or  administrator,  shall  give  security  to  the 
goaler  or  keeper,  for  the  payment  of  four  shillings  and  sixpence  per 

*  Signed  February  25,  according  to  the  record, 
t  Erased,  in  the  parchment. 


605 


Province  Laws.— 1762-63. 


[Chaps.  19.] 


Penalty  for 
prisoner's  hav- 
ing  acted  con- 
trary  to  his 
oath. 
1692-93, 
chap.  18,  §  9. 


Judgment  to 
remain  good 
against  estate  of 
prisoners. 


Proviso. 


Continuance  of 
the  act. 


week  for  and  towards  the  support  of  such  prisoner  while  he  or  she 
shall  be  detained  in  prison ;  and  the  goaler  or  keeper  shall  detain  and 
keep  in  custod}^  such  prisoner,  so  long  as  said  sum  shall  be  paid,  but 
upon  failure  of  pa^^rnent  thereof  shall  set  him  or  her  at  libert}'. 

[Sect.  2.]  And  in  case  the  goaler  shall  i-efuse  or  delay  to  discharge 
any  prisoner  who  has  complied  with  this  act,  he  shall  forfeit  and  pay 
to  the  prisoner  the  full  sum  for  which  he  stands  committed,  to  be 
recovered  b}^  action  of  debt  in  any  court  proper  to  trj'  the  same. 

And  be  it  further  enacted, 

[Sect.  3.]  That  if  an}'  such  prisoner  as  aforesaid  shall  be  convicted 
of  having  sold,  leased  or  otherwise  conveyed  or  disposed  of,  or  intrusted, 
his  or  her  estate,  or  any  part  thereof,  direetlj-  or  indirectl}',  contrar}'  to 
his  or  her  foregoing  oath,  he  shall  not  onl}'  be  liable  to  the  pains  and 
penalties  mentioned  in  the  act  for  punishing  of  wilful  pcrjur}',  but 
shall  receive  no  benefit  from  his  oath  ;  or  in  case  such  prisoner,  at  the 
time  of  the  intended  caption,  shall  not  take  the  aforesaid  oath,  or  be  not 
admitted  thereto  by  the  justices,  he  or  she  shall  be  remanded  back  to 
the  goal,  and  shall  not  be  intitled  to  the  benefit  of  this  act,  unless  a 
new  notification  be  made  and  served  in  manner  aforesaid. 

[Sect.  4.]  And  ail  and  ever}' judgment  obtained  against  such  pris- 
oner shall,  notwithstanding  such  discharge  as  aforesaid,  be  and  remain 
good  and  effectual  in  law,  to  all  intents  and  purposes,  against  any  estate, 
whatsoever,  which  may  then  or  at  any  time  afterwards  belong  to  him ; 
and  the  creditor  or  creditors,  agent  or  attorney,  their  executors  or 
administrators,  may  take  out  a  new  execution  against  the  lands,  tene- 
ments, hereditaments,  goods  and  chatt[e]l[e]s  of  such  prisoner[i(] 
(his  wearing  apparel,  bedding  for  himself  or  his  family,  and  tools  ne- 
cessary for  his  trade  or  occupation,  only  excepted),  for  the  satisfaction 
of  the  debt,  in  such  sort  and  manner  as  might  have  been  done  in  case 
such  prisoner  had  never  been  taken  in  execution. 

Provided,  nevertheless, — 

And  it  is  hereby  declared, 

[Sect.  5.]  That  such  prisoner  as  aforesaid  shall  only  be  discharged 
from  the  execution  or  executions  whereon  such  process,  as  is  before 
mentioned,  has  been  had,  and  not  from  any  other  whereon  he  or  she 
may  be  committed,  until  the  oath  and  directions  before  described  be 
taken  and  attended ;  nor  shall  this  act  be  construed  to  extend  to  any 
person  in  custody  for  any  [t][/]i[m][?i]e  imposed  upon  him. 

[Sect.  6.]  This  act  [shallj[to]  continue  and  be  in  force  from  the 
second  day  of  April  next,  until  the  second  day  of  April,  which  will  be 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  seventy. 
[^Passed  February  17  ;  published  February  26,  1763.* 


CHAPTER  19. 


AN  ACT  DECLARING  AND  REGULATING  THE  STANDARD  OF  WHEAT 
IMPORTED  INTO  THIS  PROVINCE,  AND  FOR  PREVENTING  ABUSES 
BY  MILLERS. 


Preamble.  "Whereas  this  province  hath  taken  care  to  regulate  its  exports,  that 

the  subjects  of  our  lord  the  king  in  other  parts  may  suffer  no  damage 
by  fraud  and  deceit,  of  any  kind,  in  such  exports,  and  justice  requiring 
that  its  imports  should  be  so  regulated  as  that  his  majesty's  subjects 

•  Signed  and  published  February  25,  1763,  according  to  the  record  and   the 
printed  acta. 


[3d  Sess.] 


Peovince  Laws.— 1762-63. 


607 


here,  may  not  suffer  like  damage  by  deceit  and  fraud  in  such  imports  ; 
and  whereas  there  having  been  estabUshed  no  standard  of  the  weight  of 
wheat  here,  and  it  being  sold  only  by  measure,  hght  wheat  is  here  im- 
ported, where  it  procures  a  like  price  with  that  of  due  weight,  and,  other 
markets  being  better  regulated,  this  province  suffers  great  damage  and 
loss, — 

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

[Sect.  1.]  That  from  and  after  the  first  day  of  Jul}-  next,  all  wheat  weight  of 
offered  for  sale  shall  be,  when  cleansed  of  dirt  and  gravel,  of  the  fol-  ^S'*"'^'"' 
lowing  weight ;  to  wit,  light-coloured  wheat  shall  be  of  the  weight  of 
fifty-eight  pounds  each  bushel ;  and  all  other  sorts  of  wheat  shall  be  of 
the  weight  of  sixty  pounds  each  bushel ;  and  if  any  shall  be  of  greater 
weight,  it  shall  be  deemed  so  much  better  than  mercliantable  as  its 
weight,  in  the  bushel,  shall  exceed  the  regulation  aforesaid  ;  and  if  any 
wheat  shall  be  of  less  weight,  it  shall  be  deemed  so  much  worse  than 
merchantable  as  its  weight  falls  short  of  the  said  regulation  ;  and  in 
both  cases  a  proportionable  allowance  shall  be  made  accordingl}'. 

And  he  it  further  enacted, 

[Sect.  2.]     That  the  court  of  general  sessions  of  the  peace,  in  each  Measurers  of 
county  in  this  province  wherein  are  any  seaport  towns,  shall  be  and  ^pp'^^Vted^.'^and 
tliey  are  hereby  [e]  [ijmpowered,  yearly  to  appoint  measurers  of  grain  in  measures  pro- 
every  such  town  (so  many  as  they  shall  judge  convenient)  who  shall  each 
be  provided,  at  the  expence  of  their  respective  towns,  with  two  half-bushel 
measures,  of  the  Winchester  standard,  which  shall  each  have  on  the  top 
thereof  one  strip  of  iron  crossing  the  same,  supported  b}'  an  iron  studd 
in  the  center  thereof;   and  shall  also  be  provided,  each,  with  proper 
scales  and  weights,  at  the  expence  of  their  towns,  to  weigh  at  least  one 
bushel  at  a  time. 

[Sect.  3.]  And  such  measurers  shall  be  sworn  to  the  faithful  discharge 
of  their  office  ;  and  at  all  times  shall  attend  at  the  request  of  the  buyer 
of  any  wheat,  to  measure  the  same,  and  shall  weigh  as  many  bushels 
as  either  the  buyer  or  seller  shall  desire,  and  from  the  mean  weight 
shall  determine  whether  the  wheat  so  sold  be  of  greater  or  less  weight 
than  the  standard  weight  aforesaid,  and  thereof  shall  give  both  to  the 
buyer  and  seller  a  certificate  of  the  tenor  following  ;  ^■izf'^., — 


A.D.  17 


Measured 


bushels  of  wheat   Form  of 
well  cleansed,  and  it  weighs  (one  bushel  with  another)  pounds    certificate, 

each  bushel;  being  sold  by  A.  B.  to  C.  D. 

E.  F.,  measurer  of  grain  for  the  town  of  B. 

And  for  such  his  service  he  shall  receive  one  halfpenny'  per  bushel  Measurer's  fees. 
for  an}'  quantity  not  exceeding  twenty  bushels  ;  and  if  the  quantity 
exceeds  twenty  bushel [l]s,  and  shall  not  be  more  than  fift}^  bushels, 
he  shall  receive  one  halfpenny  per  bushel  for  twentj'  bushels,  and 
one-third  of  a  penn}'  for  the  surplusage  ;  and  if  the  quantity  shall 
exceed  fift}-  bushels,  he  shall  receive  for  the  whole  at  the  rate  of  one 
farthing,  onl}',  per  bushel,  and  twopence  for  each  certificate  :  the  charge 
of  the  whole  to  be  borne  equally  b^'  the  buyer  and  seller ;  and  if  any 
master  of  a  vessel,  or  other  importer  or  seller  of  wheat,  shall  refuse  to 
have  his  wheat  so  measured,  and  shall  expose  it  to  sale,  he  shall  forfeit  ured,  andon 
the  sum  of  three  pounds  for  ever}-  such  refusal. 

[Sect.  4.]  And  if  any  measurer  of  grain,  appointed  in  pursuance  of 
this  act,  shall  be  guilty  of  any  fraud  or  deceit  in  measuring  or  weighing,' 
and  be  thereof  convicted,  by  verdict  of  a  jury,  he  shall  forfeit  the  sum 
of  five  pounds  for  every  such  default,  and  shall  be  immediately,  upon 
such  verdict,  removed  from  his  office  aforesaid ;  and  the  said  court  of 
sessions,  if  then  sitting,  if  not,  the  selectmen  of  the  town  for  which 


Penalty  on  re- 
fusal of  having 
wheat  meas- 


measurcrs. 


608 


Pkovince  Laws.— 1762-63.  [Chap.  20.] 


Preamble. 


Millers  to  be 
provided  -with 
suitable  stones, 
fans  and 
screens. 


Penalty. 


Proviso. 


Fines,  how  to 
bo  disposed  of. 


Continuation  of 
the  act. 


such  measurer  shall  have  been  appointed,  shall  immediateW  appoint 
another  in  his  room :  and  if  ai\y  such  measurer  shall  refuse  to  attend 
his  duty  aforesaid,  when  thereto  called,  without  reasonable  cause,  he 
shall  forfeit  the  sum  of  ten  shillings  for  ever}'  such  refusal. 

And  whereas,  notwithstanding  the  many  wholsome  provisions  already 
made  to  prevent  injustice  b}'  millers,  great  complaints  are  made  thereof, 
more  especially  in  the  towns  of  Boston,  Roxburj^  and  Charlestown, — 

Be  it  enacted, 

[Sect.  5.]  That  every  miller  in  the  towns  of  Boston,  Roxbur}'  and 
Charlestown,  shall,  b}^  the  last  day  of  Jul}'  in  this  present  jear,  be  pro- 
vided with  suitable  mill-stones,  fans  and  s[c][/i;]reens,  needful  for  the 
cleansing,  well-grinding,  and  making,  good  meal,  out  of  all  sorts  of  Eng- 
lish grain  ;  and  shall  keep  them  in  suitable  order,  and  shall  use  the  same 
in  the  cleansing  and  grinding  of  such  grain  onl}-,  and  no  other  grain,  on 
penalty  of  the  sum  often  pounds  for  such  neglect,  and  the  sum  of  two 
pounds  for  every  month  he  shall  continue  thereafter  in  the  neglect  there- 
of:  and  the  selectmen  of  said  towns,  respectively,  for  the  time  being, 
are  hereby  empowered  and  directed  to  inspect  the  mill-stones,  fans  and 
screens  used  for  the  purpose  aforesaid  ;  and  if  they,  or  a  major  part 
of  them,  shall  judge  such  mill-stones,  fans  [or]  [ajicZ]  screens  unsuit- 
able, the}'  are  hereb}'  [e][/]mpowered  and  enjoined  to  bring  an  action 
or  actions  for  recoveiy  of  the  penalt}'  aforesaid.  And  every  miller  in  the 
towns  aforesaid,  if  desired,  shall  weigh  the  grain  and  meal  brought  to 
and  carried  from  his  mill ;  and  if  he  shall  refuse  so  to  do,  for  ever}-  such 
refusal  he  shall  forfeit  the  sum  of  five  shillings. 

Provided,  always, — 

[Sect.  6.]  That  all  such  dirt  and  gravel  as  shall,  by  the  said  fans 
and  screens,  be  prevented  mingling  with  the  meal,  shall  be  weighed,  if 
the  miller  thinks  proper,  and  reckoned  to  the  owner  of  the  grain  ;  but 
if  he  shall  not  think  proper  to-weigh  the  same,  and  the  owner  and  miller 
cannot  agree  what  allowance  shall  be  made,  such  dirt  and  gravel  shall 
not  be  reckoned  to  such  owner  :  and  the  miller  shall  be  allowed  to  take, 
as  toll,  the  sixteenth  part  of  the  neat  grain  of  all  sorts  by  him  ground, 
and  no  more,  under  the  penalty  of  two  pounds  for  each  offence. 

[Sect.  7.]  All  fines  and  forfeitures  arising  by  this  act,  shall  be 
one  half  to  the  poor  of  the  town  where  the  offence  is  committed,  the 
other  half  to  the  informer  ;  and  may  be  recovered  by  bill,  plaint  or  in- 
formation, in  any  court  of  record,  or  before  any  of  his  majesty's  justices 
of  the  peace,  within  this  province,  if  the  sum  forfeited  does  not  exceed 
forty  shillings. 

[Sect.  8.]  This  act  to  continue  and  be  in  force  for  the  term  of  five 
years  from  the  fii'st  day  of  July  next,  and  until  the  end  of  the  then  next 
session  of  the  general  court,  and  no  longer.  \_Passed  February  17; 
published  February  26,  1763.* 


CHAPTER    20. 

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


Preamble.  We,  his  majesty's  most  dutiful  and  loyal  subjects,  the  representatives 

of  the  province  of  the  Massachusetts  Bay,  in  New  England,  being  desir- 
ous of  lessening  the  public[^']  debts,  have  chearfuUy  and  unanimously 
given  and  granted,  and  do  give  and  grant,  to  his  most  excellent  majesty, 

*  Signed  and  published  February  25,  1763,  according  to  the  record  and  the 
printed  acts. 


[8d  Sess.] 


Peovince  Laws. — 1762-63. 


609 


for  the  service  of  this  province,  as  the}'  shall  hereafter  apply  it,  the 
several  duties  of  impost  upon  all  liquors,  wares,  goods  and  merchan- 
dize that  shall  be  imported  into  this  province,  and  tunnage  of  ship- 
ping hereafter  mentioned  ;  and  pra}'  that  it  may  be  enacted, — 

And  be  it  accordingly  enacted  by  the  Governor^  Council  and  House  of 
Hep  resentat  ives, 

[Sect.  1.]  That  from  and  after  the  twenty-fifth  day  of  March,  one 
thousand  seven  hundred  and  sixty-three,  to  the  twenty-fifth  day  of 
March,  one  thousand  seven  hundred  and  sixty-four,  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  by 
any  of  the  inhabitants  thereof  (except  what  is  by  this  act  hereafter 
exempted),  the  several  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  ever}'  hogshead  of  mol[o][a]sses,  fourpence. 

For  every  hogshead  of  tobacco,  ten  shilhngs. 

For  every  pound  of  tea  that  shall  be  imported  from  any  of  his  majes- 
ty's plantations  in  America,  fourpence. 
— And  so,  proportionably,  for  a  greater  or  less  quantit}'. 

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  only  pa}'  fourpence)  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  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,  mahog[o][a]ny,  brazil- 
leto,  black-walnut,  lignura-\-it8e,  red-cedar,  logwood,  hemp,  raw  skins 
and  hides,  and  also  all  prize  goods  brought  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  on  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  officer  of  his  majesty's  customs,  that  the  same  has  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  dehver  a  manifest,  in  writing,  under  his  hand,  to  the  commis- 
sioner aforesaid,  of  the  contents  or  loading  of  such  ship  or  vessel, 
therein  particularly  expressing  the  species,  kind  and  quantities  of  all 


Rates  of  impost. 


Double  impost 
to  be  paid  for 
goods  imported 
by  the  inhabit- 
ants of  other 
colonies,  &c. 


Proviso. 


Drawback  of 
the  whole  im- 
post to  the  ex- 
porter, in  case. 


Masters  of 
vessels,  to  make 
report. 


610 


Province  Laws.— 1762-63.  [Chap.  20.] 


To  forfeit,  in 
c  ise  of  breaking 
bulk. 


Invoice  to  be 
produced. 


wines,  liquors,  goods,  wares  and  merchandize  imported  in  ruj  such  ship 
or  vessel,  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  vessel,  so  far  as  he  knows  or 
believes  ;  and  that  if  he  knows  of  an}-  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,  wares  and  merchan- 
dize imported  in  such  ship  or  vessel  to  be  unladen  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  an  entr}-  thereof  with 
the  commissioner  aforesaid,  and  produce  an  invoice  of  all  such  goods  as 
pa}^  ad  valorem.,  and  make  oath  before  him  in  the  form  following ; 
vizW.,— 


Oath.  You,  A.  B.,  do  swear  that  the  entry  of  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  that  value.  So  help  you 
God. 


Duties  to  be 
paid  before 
landiug. 


Commissioner 
allowed  to  give 
credit. 


— which  oath  the  commissioner  or  receiver,  appointed  in  consequence  of 
this  act,  is  hereby  [e][?']mpowered  and  directed  to  administer ;  and  the 
owners  aforesaid  shall  pay  to  the  said  commissioner,  or  give  security  to 
pay,  the  duty  of  impost  by  this  act  requii-ed,  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  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  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  quantities  of  rum  or  other  liquors  to  him  or  them  con- 
sign [e]d,  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  hereby  is  allowed 
to  give  credit  to  such  person  or  persons  whose  dut}'  of  impost  in  one 
A'essel  shall  not  exceed  six  pounds  ;  which  credit  shall  be  so  limited  as 
that  he  shall  settle  and  ballance  his  accompts  with  ever}'  person  on,  or 
before  the  twenty-sixth  day  of  March,  one  thousand  seven  hundred  and 
sixty-four,  that  the  said  acco[mp][M?i]ts  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. 


[3d  Sess.] 


Peovince  Laws.— 176^-63. 


611 


And  be  it  farther  enacted, 

[Sect.  10,]  That  the  importer  of  all  wines,  liquors,  goods,  v/ares 
and  merchandize,  from  and  after  the  twenty-fifth  day  of  March,  one 
thousand  seven  hundred  and  sixty-three,  and  until  the  twenty-sixth  day 
of  March,  one  thousand  seven  hundred  and  sixt3'-four,  by  kuid-carriage 
or  in  small  vessels  and  boats,  shall  make  report  and  deliver  a  mani- 
fest thereof  to  the  commissioner  aforesaid  or  his  deputy,  therein  partic- 
ularly 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  bj'  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  b}^  this  act  charged  and  chargeable  upon  such  wines, 
liquors,  goods,  wares  and  merchandize,  before  the  same  are  landed, 
housed,  or  put  into  an}^  store  or  place  whatsoever. 

And  he  it  farther  enacted, 

[Sect.  11.]  That  ever}'  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-thirds  thereof  leaked 
out,  shall  be  accounted  for  outs,  and  the  merchant  or  importer  shall  \)^y 
no  duty  for  the  same.  And  no  master  of  an}'  ship  of  vessel  shall  suffer 
an}-  wines  to  be  filled  up  on  board  without  giving  a  certificate  of  the 
quantity  so  filled  up,  under  his  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.  12.]  And  if  it  may  be  made  to  appear  that  any  wine  im- 
ported in  any  ship  or  vessel  be  decayed  at  the  time  of  unloading 
thereof,  on  in  twenty  days  afterwards,  oath  being  made  before  the  com- 
missioner 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  farther  enacted, 

[Sect.  13.]  That  the  master  of  every  ship  or  vessel  importing  any 
liquors,  wines,  goods,  wares  or  merchandize,  shall  be  liable  to  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  receives  a  cer- 
tificate, from  the  commissioner  or  receiver  of  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  not  entered,  unto  the  commissioner 
or  receiver  of  impost  in  such  port,  or  his  order,  who  is  hereby  [e][i]m- 
powered  and  directed  to  receive  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  mer- 
chandize as  such  master  shall  direct. 

And  he  it  farther  enacted, 

[Sect.  14.]  That  the  commissioner  or  receiver  of  the  impost,  in  each 
port,  shall  be  and  hereby  is  [e][("]mpowered  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  accord- 
ing 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 


Importer  by 
land-caiTiage  or 
in  small  vessels, 
to  make  report. 


Allowance  for 
leakage. 


Master  allowed 
to  detain  goods 
not  entered,  or 
the  duty  not 
paid. 


Master  liable  to 
be  sued. 


612 


Peovince  Laws.— 1762-63. 


[Chap.  20.] 


Ships,  &c.,  lia- 
ble to  be  taken 
in  execution. 


Naval  officer 
not  to  clear  ves- 
sels till  impost 
be  paid. 


Bills  of  store,  to 
be  allowed. 


Commissioner 
to  appoint  otfl- 
cers  in  places 
where  wines, 
rum,  &c.,  may 
be  brought  out 


to  be  paid.  And  where  any  goods,  wares  or  merchandize  are  such  that 
*the  vahie  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  merchan- 
dize. 

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  anjlhing  by  this 
act  requii'ed  to  be  performed  b}^  him,  shall  be  liable  to  answer  and 
make  good  the  sura  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  ha[th][ve]  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 
sufficient  to  satisf}'  said  judgment,  may  be  taken  b}^  execution  for  the 
same ;  and  the  commissioner  or  receiver  of  the  impost  is  hereby 
[e]  [Empowered  to  make  seizure  of  the  said  ship  or  vessel,  and  detain 
the  same  under  seizure  until  judgment  be  given  in  any  suit  to  be  com- 
menced and  prosecuted  for  any  of  the  said  forfeitures  or  for  the  duty 
aforesaid  ;  to  the  intent,  that  if  judgment  be  rendered  for  the  prosecu- 
tor or  informer,  such  ship  or  vessel  and  appurtenances  xnay  be  exposed 
to  sale,  for  satisfaction  thereof,  as  is  before  provided :  unless  the  own- 
ers, or  some  on  their  behalf,  for  the  releasing  of  such  ship  or  vessel 
from  under  seizure  or  restraint,'  shall  give  sufficient  security  to  the 
commissioner  or  receiver  of  impost  that  seized  the  same,  to  respond 
or  satisfy  the  sum  or  value  of  the  forfeitures  and  duties,  with  the 
charges,  that  shall  be  recovered  against  the  master  thereof,  upon  such 
suit  to  be  brought  for  the  same,  as  aforesaid  ;  and  the  master  occasion- 
ing such  loss  or  damage  unto  the  owners,  through  his  default  or  neglect, 
shall  be  liable  unto  their  action  for  the  same. 

And  he  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  receiver  of  impost,  that  the  duty  and  impost  for  the  goods  last  im- 
ported in  such  ship  or  vessel  are  paid  or  secured  to  be  paid. 

[Sect.  17.]  And  the  commissioner  or  receiver  of  impost  is  hereby 
[e]  [i]mpowered  to  allow  bills  of  store  to  the  master  of  any  ship  or  ves- 
sel 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  b}^  this  act  for  such  wines  or  liquors,  iu 
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  spmts  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.  IS  ]  That  the  commissioner  and  receiver  of  the  aforesaid 
duties  of  impost  shall,  and  he  is  hereb}"  [e][t]mpowered  and  enjoined 
to,  appoint  one  or  more  suitable  person  or  persons  as  his  deputy  or 
deputies,  in  all  such  places  of  this  province  where  it  is  likelj'  that  wine, 


[3d  Sess.] 


Peovince  Laws.— 1762-63. 


613 


nun  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  dut}''  of  impost  has  been  paid 
therefor  since  their  being  brought  into  or  relauded  in  this  government ; 
and  such  officer  or  officers  are  also  [e][i]mpowered  to  search,  in  all 
suspected  places,  for  such  wines,  rum  or  other  distilled  spirits,  or  tea, 
bi'ought  or  relauded  in  this  government,  where  the  duty  is  not  paid  as 
aforesaid,  and  to  seize  or  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  deputies  shall  have  power 
to  administer  the  several  oaths  aforesaid,  and  search  in  all  suspected 
places  for  all  such  wines,  rum,  liquors,  tea,  goods,  wares  and  merchan- 
dize 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  here- 
inafter mentioned, 

Ayid  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,  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  giant  such  warrant,  directed  Lo  some  proper  officer,  upon 
eaid  commissioner  or  his  deputy's  making  oath  that  he  hath  had  infor- 
mation as  aforesaid ;  and  having  such  warrant,  and  being  attended  by 
such  officer,  the  said  commissioner  or  his  deputy  may,  in  the  daytime, 
between  sunrise  and  sun-setting,  demand  admittance  of  the  person 
owning  or  occupying  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  custodj' ;  and  the  commissioner  aforesaid, 
or  his  deput}^,  shall  be  and  hereby  is  [e][?']mpowered  to  command 
assistance,  and  impress  carriages  necessary  to  secui'e  the  liquors  or  tea 
seized  as  aforesaid ;  and  any  person  refusing  assistance,  or  preventing 
any  of  the  officers  aforesaid  from  executing  their  office,  shall  forfeit  five 
pounds  to  the  said  commissioner  ;  and  he  or  his  deputy  shall  make  rea- 
sonable satisfaction  for  the  assistance  afforded,  and  carriages  made  use 
of,  to  secure  the  liquors  or  tea  seized  as  aforesaid ;  and  the  commis- 
sioner or  his  deputy  shall  then  file  an  information  of  such  seizure  in  the 
inferio[w]r  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  occupier  of  such  shop,  house  or  warehouse,  or  distil[Z]- 
house,  where  the  same  were  seized,  to  api^ear  and  shew  cause,  if  any 
he  has,  why  such  liquors  or  tea  so  seized  shall  not  be  adjudged  for- 
feited ;  and  if  such  owner  or  occupier  shall  not  shew  cause  as  aforesaid, 
or  shall  make  default,  the  said  liquors  or  tea  shall  be  adjudged  for- 
feited, and  the  said  court  shall  order  them  to  be  sold  at  public[fc]  ven- 
due ;  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  further  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  traffick,  whereof  all  the  owners  are  not  belonging  to  this  province 
(excepting  such  vessels  as  belong  to  Great  Britain,  the  provinces  or 
colonies  of  Pen[7i]sylvania,  West  and  East  Jersey,  Connecticut,  New 
York,  New  Hampshire,  Rhode  Island  and  Nova  Scotia),  every  voyage 
such  ship  or  vessel  doth  make,  one  pound  of  good  pistol-powder  for 


of  other  govern- 
ments. 


Commissioner 
or  deputies  em- 
powered to  ad- 
minister the 
oaths,  &c. 


The  commis- 
sioner or  depu- 
ty, upon  infor- 
mation of  any 
liquors  being 
brought  into 
this  province, 
and  the  duty 
not  paid,  to  ap- 
ply to  a  justice 
for  a  warrant 
to  search,  &c. 


Tonnage  of 
shipping. 


614 


Peovhtce  Laws.— 1762-63.         [Chap.  20.] 


Vessels  to  he 
measuied,  if 
suspected. 


Drawback  for 
wine,  rum  and 
tea  allowed,  in 
case. 


Proviso. 


Appointment 
and  duty  of  the 
commissioner. 


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  governments 
aforesaid,  which  are  hereby  exempted ;  to  be  paid  unto  the  commis- 
sioner or  receiver  of  the  duties  of  impost,  and  to  be  employed  for  the 
uses  and  ends  aforesaid. 

[Sect.  22.]  And  the  said  commissioner  is  hereby  [e][i]mpowered 
to  appoint  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  thereof  to  be 
paid  b}^  the  owner  or  master  of  such  ship  or  vessel,  before  she  shall  be 
cleared,  in  case  she  shall  appear  to  be  of  greater  burthen  :  otherwise, 
to  be  paid  bj^  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  tunnage  for  the 
same  is  paid,  or  that  it  is  such  a  vessel  for  wliich  none  is  payable  ac- 
cording to  this  act. 

And  be  it  farther  enacted, 

[Sect.  23.]  That  when  and  so  often  as  any  wine,  rum  or  tea  im- 
ported 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,  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  duty  of  impost  aforesaid  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  foi-eign  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,  rum  or  tea  has  been 
relanded  in  this  province, — such  exporter  shall  be  allowed  a  drawback 
from  the  receiver  of  impost  as  follows  ;  viz^'J., — 

For  every  pipe  of  wine,  nine  shillings. 

For  every  hogshead  of  rum,  seven  shillings  and  sixpence. 

And  for  every  pound  of  tea,  fourpence. 

Provided,  ahvays, — 

[Sect.  24.]  That  if,  after  the  shipping  of  such  wines,  or  rum  or  tea, 
to  be  exported  as  aforesaid,  and  giving  security  as  aforesaid,  in  order 
to  obtain  the  drawback,  aforesaid,  the  wines  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  anj^  other  province  or  colony,  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. 

A7id  be  it  further  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  office,  and  whatsoever  relates 
thereto,  to  receive  commission  from  the  governor  or  commander-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 


[3d  Sess.] 


Province  Laws. — 1762-63. 


615 


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  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  said  vessel  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 
paj'ments,  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  entering 
upon  the  execution  of  their  said  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.  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  com- 
missioner of  impost,  together  with  the  province  treasurer,  shall  judge 
necessary,  for  whatever  sums  they  shall  receive  and  pay  ;  and  the  treas- 
urer is  hereby  ordered,  in  passing  and  receiving  the  said  commissioner's 
accounts,  accordingly,  to  allow  the  payment  of  such  salary  or  salaries, 
as  aforesaid,  to  himself  and  his  deputies. 

And  ^e  it  further  enacted, 

[Sect.  27.]  That  all  penalties,  fines  and  forfeitures  accruing  or  charges  of  pros- 
arising  in  consequence  of  an}-  breach  of  this  act,  shall  be  one  half  to  be"paid',incase. 
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. 

And  be  it  further  enacted, 

[Sect.  28.]     That  from  and  after  the  commencement  of  this  act,  in  Disposition  of 
all  causes  wherein  any  claimer  shall  appear,  and  shall  not  make  good    °'  enures, 
the  claim,  the  charges  of  prosecution  shall  be  borne  and  paid  by  the 
said  claimer,  and  not  by  the  informer.     \^Passed  February  17,  1763. 


CHAPTEK   21. 

AN  ACT  FOR  THE  CONTINUATION  OF  A  LOTTERY— GRANTED  AND  AL- 
LOWED BY  AN  ACT,  INTITULED  "  AN  ACT  IN  ADDITION  TO  AN  ACT» 
INTITULED  « 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  A  PLACE 
CALLED  OLD-TOWN  FERRY '  "—FOR  RAISING  A  FURTHER  SUM  FOR 
THAT  PURPOSE. 


"Whereas  by  an  act  of  this  province,  made  in  the  thirtj^-third  year  of  Preamble, 
the  reign  of  his  late  majesty  King  George  the  Second,  intituled  "  An  i759-60,  chap. 
Act  in  addition  to  an  act,  intituled  '  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  a  place  called  Old-town 
Ferr}',' "  Caleb  Gushing,  Joseph  Gerrish,  junior,  William  Atkins  and 


616 


Province  Laws.— 1762-63.  [Chap.  22.] 


Newbury  lot- 
tery continued 
for  raising  £300. 


Daniel  Farnham,  Esqi's.,  and  Mr.  Patrick  Trac}',  merchant,  or  any  three 
of  them,  were  impowered  to  set  up  and  carrj^  on  a  lottery  to  raise  the 
sum  of  six  hundred  pounds,  for  defreying  the  charges  which  had  arisen  on 
account  of  building  the  bridge  aforesaid,  and  the  necessary  charges  of 
managing  the  said  lottery ;  and  it  now  appearing  to  this  court  that  the 
said  sum  of  six  hundred  pounds  was  not  sufficient  to  answer  the  pur- 
pose afoi'esaid,  and  that  the  managers  are  yet  in  advance  the  sum  of 
two  hundred  and  twentj'-six  pounds,  one  shilling ;  and  it  being  thought 
needful  to  raise  the  sum  of  three  hundred  pounds,  to  re-imburse  the 
said  managers  and  defrej^  the  further  expence  of  a  lottery  for  raising 
the  same, — 

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

That  the  said  Caleb  Gushing,  Joseph  Gerrish,  junior,  William  Atkins, 
and  Daniel  Farnham,  Esq[ui]r[e]s,  and  Mr.  Patrick  Tracy,  merchant, 
or  any  three  of  them,  be  and  hereby  are  [e]  [tjmpowered  to  continue  the 
same  lottery,  under  the  same  regulations  and  restrictions  as,  in  the  afore- 
said act  of  the  thirt3--third  jear  of  his  late  majesty  George  the  Second, 
are  mentioned,  until  the  aforesaid  sum  of  three  hundred  pounds  is  raised, 
and  no  more  ;  and  if  there  shall  be  ixny  sum  remaining,  after  the 
necessary  charges  of  cariying  on  the  said  lotter}'  are  defreyed,  and  the 
managers  re-imbursed,  it  shall  be  applied  towards  repairing  the  same 
bridge  as  in  the  same  act  is  mentioned,  and  to  no  other  use  or  purpose 
whatsoever.     [Passed  February  24  ;  published  February  26,  1763.* 


CHAPTEE    22. 

AN  ACT  [E][/]MPOWERING  THE  ASSESSORS  OF  THE  TOWN  OF  CHIL- 
MARK,  FOR  THE  TIME  BEING,  TO  APPORTION  THE  PROVINCE,  COUNTY 
AND  TOWN  TAXES,  NOT  ALREADY  MADE,  ON  THE  OWNERS  OF  SUCH 
STOCK  (LIABLE  BY  LAW  TO  BE  TAXED)  THAT  HAVE  BEEN  OR  SHALL 
BE  KEPT  IN  SAID  TOWN,  OR  ON  THE  ISLANDS  THERETO  BELONGING. 


Preamble. 


Stock  on  the 
islands  belong- 
ing to  Cbilmark, 
how  to  be 
raised. 


1762-63,  chap. 
12. 


Whereas  the  assessors  of  the  town  of  Chilmark,  in  their  last  valua- 
tion, gave  in  the  stock,  in  said  town  and  on  the  islands  belonging  to 
the  same,  which  was  the  property  of  a  number  of  the  inhabitants  of 
the  town  of  Dartmouth,  and  of  several  other  towns  within  the  province, 
and  which  stock  the  said  town  of  Dartmouth,  and  the  other  towns,  did 
not  give  in  in  their  last  valuation  ;  in  order,  therefore,  that  justice  may 
be  done  to  the  town  of  Chilmark  aforesaid, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  assessors  for  the  town  of  Chilmark,  for  the  time  being,  be 
and  hereb}'  are  authorized  and  [e][i]rapowered  to  assess  the  owners  of 
said  stock,  and  of  any  other  stock  that,  from  time  to  time,  shall  be  kept 
thereon  both  summer  and  winter,  as  full}',  to  all  intents  and  purposes 
whatever,  as  if  the  owners  were  inhabitants  of  Chilmark  ;  and  the  taxes 
thus  laid  may  be  collected  and  recovered  in  the  same  way  and  manner 
as  the  same  might  have  been  before  the  act,  intituled  "  An  Act  for  ap- 
portioning and  assessing  "  the  several  sums  that  were  laid  on  the  sev- 
eral towns  within  this  government  at  their  session  in  May  last ;  and  it 
shall  not  be  lawful  for  the  selectmen  or  assessors  of  the  town  of  Dart- 
mouth, or  of  the  other  towns,  to  assess  the  owners  of  said  stock  for  the 
same.     \_Passed  February  24  ;  f  published  February  26,  1763. 

*  Signed  and  published  February  25, 1763,  according  to  the  record  and  the  printed 
acts. 

t  Signed  February  25,  according  to  the  record. 


[3d  Sess.] 


Peovince  Laws.— 1762-63. 


617 


CHAPTEE    2  3. 

AN  ACT  FOE,  REVIVING  AND   CONTINUING  SUNDRY  LAWS  THAT  ARE 
EXPIRED,  AND  NEAR  EXPIRING. 


Whereas  the  several  acts  hereinafter  mentioned,  which  are  now 
expired  or  near  expiring,  have  been  found  useful  and  beneficial;  vizf*^, 
one  act  made  in  the  tenth  year  of  the  reign  of  King  George  the  Sec- 
ond, intituled  "An  Act  for  securing  tlie  seasonable  j^aj^ment  of  town 
and  precinct  rates  or  assessments;  "  two  acts  made  in  the  tenth  and 
eleventh  3-ears  of  said  reign  ;  one,  intituled  "  An  Act  in  further  addition 
to  an  act  made  in  the  first  3'ear  of  his  present  majesty's  reign,  intituled 
'  An  Act  to  prevent  co-parceners,  joint  tenants  and  tenants  in  common, 
from  committing  strip  and  waste  upon  lands  by  them  held  in  common 
and  undivided  ; '  "  the  other,  intituled  "  An  Act  in  further  addition  to 
an  act,  intituled  '  An  Act  for  the  relief  of  idiots  and  distracted  per- 
sons ; '  "  one  act  made  in  the  fourteenth  3-ear  of  said  reign,  intituled 
"  An  4ct  to  encourage  the  increase  of  sheep  and  goats  ;  "  one  act  made 
in  the  fifteenth  year  of  said  reign,  intituled  *•'  An  Act  for  the  better  reg- 
ulating [o/]  porters  employ [e]d  within  the  town  of  Boston;"  one 
act  made  in  the  sixteenth  year  of  said  reign,  intituled  "  An  Act  to  pre- 
vent the  spreading  of  the  small-pox  and  other  infectious  sickness,  and 
to 'prevent  the  concealing  of  the  same;"  one  act  made  in  the  eigli- 
teenth  3'ear  of  said  reign,  intituled  "  An  Act  in  addition  to  the  act,  inti- 
tuled '  An  Act  for  appointing  commissioners  of  sewers  ; '  "  one  act  made 
in  the  twentieth  3'ear  of  said  reign,  intituled  "  An  Act  for  the  better 
regulating  swine  ;  "  one  act  made  in  tlie  twent3'-first  year  of  said  reign, 
intituled  "An  Act  to  prevent  deceit  in  the  gage  of  cask;  "  two  acts 
made  in  the  twent3'-second  year  of  said  reign  ;  one,  intituled  "  An  Act 
for  the  ease  of  prisoners  for  debt ;  "  the  other,  intituled  "  An  Act  for  the 
more  eas3'  partition  of  lands  ;  "  one  act  made  in  the  twenty-third  3'ear 
of  said  reign,  intituled  "  An  Act  for  regulating  the  hospital  on  Rainsford 
Island,  and  further  providing  in  case  of  sickness  ;  "  two  acts  made  in 
the  twent3'-third  and  twentv-fourth  3'ears  of  said  reign  ;  one,  intituled 
"  An  Act  in  addition  to  the  act,  intituled  '  An  Act  to  encourage  the  in- 
crease of  sheep  and  goats  ;  '  "  the  other,  intituled  "An  Act  in  addition 
to  the  'Act  for  the  better  regulating  swine;'"  one  act  made  in  the 
twent3'-fourth  year  of  said  reign,  intituled  "  An  Act  for  preventing  and 
suppressing  riots,  routs  and  unlawful  assembhes  ;  "  four  acts  made  in 
the  twent3'-sixth  year  of  said  reign  ;  one,  intituled  "  An  Act  for  the  more 
eas3'  partition  of  lands,  or  other  real  estate,  given  b3'  will,  and  held  in 
common  and  undivided,  among  the  devisees;"  another  act,  intituled 
"An  Act  for  further  preventing  all  riotous,  tumultuous  and  disorderl3' 
assembhes  or  companies  of  persons,  and  for  preventing  bonfires  in  an\' 
of  the  streets  or  lanes  within  any  of  the  towns  of  this  province ;  "  an- 
other act,  intituled  "  An  Act  for  preventing  damage  by  horses  going  at 
large  ;  "  also,  one  act,  intituled  "  An  Act  to  prevent  firing  the  woods  ;  " 
two  acts  made  in  the  twent3'-seventh  3-ear  of  said  reign  ;  one,  intituled 
"An  Act  in  addition  to  the  several  laws  of  this  government  made  for 
the  regulating  general  fields  ; ' '  the  other,  intituled  ' '  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  bv 
John  Lumbart's  ;  "  also,  one  act  made  in  the  thirt3'-third  3'ear  of  said 
reign,  intituled  "  An  Act  for  the  more  eas3'  division  and  distribution  of 
intestate  estates," — 


Laws  contin- 
ued. 


Town  and  pre- 
cinct rates. 
1736-37,  ch.  14. 

Tenants  in 
common. 
1737-38,  ch.  8. 


Idiots,  &c. 
1737-38,  ch.  9. 
Increase  of 
sheep,  &c. 
1740-41,  ch,  23. 
Regulation  of 
porters. 
1741-42,  ch.  5. 
Small-pox,  &c. 
1742-43,  ch.  17. 


Commissioners 
of  sewers. 
1745-46,  ch.  16. 
Regulation  of 
Bwine. 

1746-47,  ch.  26. 
Gauge  of  cask. 
1747-48,  ch.  7. 
Prisoners  for 
debt. 

1748-49,  ch.  9. 
Partition  of 
lands. 

1748-49,  ch.  12. 
Rainsford 
Island. 

1749-50,  ch.  6. 
Bheep,  &c. 
1749-50,  ch.  27. 
Swine. 
1750-51,  ch.  5. 

Riots. 
1750-51,  ch.  17. 

Lands  given  by 

will. 

1752-53,  ch.  13. 

Disorderly 
companies. 
1752-53,  ch.  18. 

Horses  at  large. 
1752-53,  ch.  20. 
Firing  woods. 
1753-54,  ch.  9. 

General  fields. 
1753-54,  ch.  29. 

Neat  cattle,  &o., 
running  at  large 
below  the  banks 
at  Truro, 
1753-54,  ch.  44. 


Intestate 
estates. 
1760-61,  ch.  13. 


618 


Province  Laws.— 1762-63. 


[Chap.  24.] 


Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Represe  ntatives, 

That  such  of  the  before-mentioned  acts  as  are  expired,  be  rcAdved, 
and  such  of  said  acts  as  are  not  yet  expired,  be  continued,  with  all  and 
ever}'  article,  clause,  matter  and  thing  therein  respectively  contained, 
and  shall  be  in  force  until  the  first  daj^  of  July,  which  shall  be  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  seventy,  and  no 
longer.     \^Passed  February  24  ;  published  February  26,  1763.* 


CHAPTEK    24 

AN  ACT  FOR  THE   MORE   SAFE  KEEPING  THE  RECORDS  OF  THE  SEV- 
ERAL COURTS  OF  JUSTICE  IN  THIS  PROVINCE. 


Preamble. 
13  Mass.  261. 


Clerks  of  the 
superior  court 
to  give  bond. 


Clerks  of  the 
courts  of  gen- 
eral sessions, 
inferior  court, 
and  registers  of 
probate,  to  give 
bond. 


Penalty. 


Justices  and 
judges  to  inspect 
the  records. 


"Whereas  complaints  have  been  frequently  made  to  this  court  that 
the  several  clerks  of  the  courts  of  justice,  and  registers  to  the  courts  of 
probate,  in  this  government,  have  been  remiss  and  negligent  in  keeping 
up  the  records  of  said  courts,  whereby  great  mischiefs  have  arisen ; 
for  preventing  whereof  for  the  future, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  from  and  after  the  first  day  of  June  next,  the  sev- 
eral clerks  of  the  superio[?^]r  court  of  judicature,  court  of  assize,  and 
general  goal  delivery,  that  are  now  appointed  by  said  court,  shall  give 
bond,  to  be  approved  of  by  the  justices  of  the  said  court,  in  the  sum  of 
one  hundred  pounds,  with  one  or  more  sureties,  to  the  province  treas- 
urer, for  the  faithful  discharge  of  their  trust,  and  to  keep  up  the  records 
of  said  court,  seasonably'  and  in  good  order. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  several  clerks  of  the  several  courts  of  general 
sessions  of  the  peace,  and  of  the  several  courts  of  common  pleas,  and 
the  several  registers  of  probate,  in  this  province,  that  are  now  appointed, 
are  hereby  enjoined  to  give  their  several  bonds,  to  be  approved  of  by 
the  justices  of  the  general  sessions  of  the  peace,  in  the  several  counties 
respect! vel}',  at  their  next  term  after  the  first  day  of  June  next,  with 
one  or  more  sufficient  sureties,  for  the  sum  of  one  hundred  pounds,  to 
the  county  treasurer  of  their  several  counties,  for  the  faithful  discharge 
of  their  respective  trusts,  and  keeping  up  the  several  records  of  the 
respective  courts  they  are  appointed  to,  either  as  clerk  or  register,  as 
aforesaid. 

And  be  it  further  enacted, 

[Sect.  3.]  That  it  shall  be  adjudged  a  forfeiture  of  either  of  the 
bonds  aforesaid,  for  any  of  said  clerks  or  registers,  or  those  that  may 
be  appointed  to  either  of  those  oflSces  (sickness  or  any  extraordinar}^ 
casualties  excepted) ,  that  shall  not  have  their  records  all  compleated 
within  six  months,  at  any  one  time,  after  the  first  day  of  June  next ;  and 
any  clerk  or  register  hereafter  to  be  appointed  to  either  of  said  offices, 
that  shall  not  give  bond,  as  aforesaid,  before  he  or  they  enter  on  their 
respective  offices,  or  that  shall  incur  a  forfeiture  of  their  bond,  shall 
and  hereby  are  declared  incapable  of  holding  either  of  the  respective 
offices  aforesaid. 

And,  to  render  this  act  more  effectual  for  the  purposes  aforesaid, — 

Be  it  further  enacted, 

[Sect.  4.]  That  the  justices,  and  judges,  of  the  sevei-al  courts  afore- 
mentioned are  hereby  required  to  inspect  the  conduct  of  their  several 

*  Signed  and  published  Febrviary  25, 1763,  according  to  the  record  and  printed  acts. 


[3d  Sess.] 


Peovince  Laws.— 1762-63. 


619 


clerks  nud  registers,  with  respect  to  the  records  aforesaid  ;  and  upon 
any  deficiency  as  aforesaid,  such  judge  and  justices  shall  give  informa- 
tion thereof  to  the  treasurer  who  has  the  delinquent's  bond  in  keeping ; 
which  treasurer,  being  so  informed,  shall  forthwith  put  such  delinquent's 
bond  in  suit :  and  the  money  recovered  on  such  suit  shall  be  applied  for 
bringing  up  the  deficient  records,  under  the  direction  of  the  respective 
judge  or  judges  of  the  court  or  courts  where  such  deficiency  shall  hap- 
pen ;  and  if  there  be  a  surplusage  of  such  fine,  it  shall  be  applied  to  the 
use  of  the  countj^  where  the  defect  of  the  records  happens  ;  and  if  the  ^j'g^*|',  ^^^J^' 
fine  shall  be  insufladent  for  the  purpose  aforesaid,  the  estate  of  the  de-  held  liable, 
-ficient  clerk  or  register  shall  be  held  liable  to  pay  the  same.  [^Passed 
February  24  ;  *  published  February  26,  1763. 


CHAPTER    25. 

AN  ACT  CONFIRMING  TO  SUNDRY  PERSONS  SUNDRY  LANDS  BY  THEM 
PURCHASED  OF  THE  INDIANS,  AT  CHRIST AINTOWN,  SO  CALLED, 
ON  THE   ISLAND  OF  MARTHA'S   VINEYARD. 


¥7hereas  divers  English  persons  have  made  purchases  of  the  Indians,  Preamble, 
proprietors  of  lands  in  Christiantown,  so  called,  on  the  island  of  Mar-  1701-2,  chap,  ii, 
tha's  Vineyard,  without  liberty  for  that  purpose  first  had  and  obtained  ^^' 
of  the  great  and  general  court,  contrary  to  a  law  of  this  province  made 
and  passed  in  the  thirteenth  year  of  the  reign  of  King  William  the  Third, 
and  contrary  to  the  tenor  of  the  original  grant  to  the  Indians  called  the 
praying  Indians,  by  reason  whereof  all  such  deeds  given  b}-  the  Indians 
are  null  and  void ;  yet,  inasmuch  as  said  English  purchasers  have,  by 
their  deed  bearing  date  the  second  day  of  September,  one  thousand 
seven  hundred  [and]  sixtj'-two,  dul}'  executed,  and  recorded  in  the  rec- 
ords of  deeds  for  the  county  of  Dukes  County,  and  in  the  book  of  laws 
in  the  secretary's  office,  disclaimed  to  the  Indian  proprietors  of  said 
Christiantown  their  preten[t][s]ion  to  a  great  part  of  the  said  lands, 
which  lands  so  disclaimed  by  the  English  purchasers  are  become  so 
much  better  b}*  the  improvements  the}'  have  made  upon  them  as  to 
render  them  to  be  nearly  equal  in  value  to  the  whole  of  the  said  lands 
when  sold  by  the  Indians, — 

Be  it  enacted  by  the   Governor,   Council  and  House  of  Representa- 
tives, 

That  all  the  lands  purchased  of  the  Indians,  lying  in  Christiantown,   Indian  deeds 
the  deeds  whereof  were  recorded  in  the  records  of  deeds  for  the  county  christiantown 
of  Dukes  County,  at  any  time  before  the  twenty-second  of  August,   confirmed. 
one   thousand  seven  hundred  and  sixty-one,  not  reconve3'ed  by  the 
English  to  the  Indians,  as  by  their  deed  dated  the  second  of  Sep- 
tember, one  thousand  seven  hundred  and  sixtj'-two,  and  recorded  in 
the  records  of  deeds  for  the  count}'  of  Dukes  County,  shall  be  and  here- 
by are  confirmed  to  said  grantees  respectivel}',  and  their  resi^ective 
heirs,  and  be  to  them  an  estate  in  fee  simple,  as  fully,  to  all  intents  and 
purposes  whatsoever,  as  if  said  grantees  had  obtained  the  liberty  of  the 
general  court  to  purchase  the  same.     \_Passed  February  24  ;  published 
February  26,  1763. 

*  Signed  February  25,  according  to  the  record. 


620 


Peovikce  Laws.— 1762-63.    [Chaps.  26,  27.'| 


CHAPTEE  26. 


AN  ACT  TO  EXEMPT  THE  PEOPLE  CALLED  QUAKERS  FROM  THE  PEN- 
ALTY OF  THE  LAW  FOR  NON-ATTENDANCE  ON  MILITARY  MUS- 
TERS. 


Preamble.  Whereas  the  people   Called  Quakers   profess  themselves  conscien- 

[t][c]iously  sci'upulous  of  attending  in  arms  at  military  musters, — 

Be  it  therefore  enacted   by  the   Governor^  Council  and  House   of 
Representatives, 
Quakers  ex-  [Sect.  1.]     That  such  of  the  inhabitants  of  this  province  as  are 

tending  mukary  Called  Quakcrs,  and  who  shall  appear  to  be  such,  according  to  a  rule 
laid  down  by  a  law  of  this  province  made  in  the  thirtj'-first  3'ear  of  his 
late  majesty  King  George  the  Second,  intituled  "An  Act  further  to 
exempt  persons  commonly  called  Quakers  and  Anabaptists  from  paying 
ministerial  taxes,"  shall,  during  the  continuance  of  this  act,  be  ex- 
empted from  the  penal t}^  of  the  law  for  non-attendance  on  military 
musters. 

[Sect.  2.]  This  act  to  continue  and  be  in  force  until  the  first  daj' 
of  July,  which  will  be  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  seventy,  and  no  longer.  {^Passed  February  24  ;  published 
February  26,  1763.'* 


musters, 
1757-58,  chap 
20. 


Continuance  of 
the  act. 


CHAPTER    27. 

AN  ACT  IN  ADDITION  TO  THE  ACT  MADE  AND  PASSED  IN  THE 
EIGHTH  YEAR  OF  THE  REIGN  OF  HER  LATE  MAJESTY  QUEEN 
ANNE,  INTIT[;7JLED  "AN  ACT  FOR  REGULATING  OF  DRAINS  OR 
COMMON    SHORES," 


Preamble. 
1709-10,  chap.  5, 
§3. 


1  Met.  135. 


12  Allen,  239. 


Whereas,  in  and  hj  an  act  made  and  passed  in  the  eighth  year  of  the 
reign  of  her  late  majesty  Queen  Anne,  intit[«]led  "  An  Act  for  regu- 
lating of  drains  and  common  shores,"  it  is  enacted,  among  other  things, 
' '  that  it  shall  and  may  be  lawful  to  and  for  aii}^  one  or  more  of  the 
inhabitants  of  any  town,  at  his  and  their  own  cost  and  charge,  to  make 
and  la,y  a  common  shore,  or  main  drain,  for  the  benefit  of  themselves 
and  others  that  shall  think  fit  to  join  therein  ;  and  eveiy  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 
thereb}^  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  f 
enters  thereinto,  at  the  judgment  of  the  selectmen  of  the  town,  or 
major  part  of  them  ;  "  and  lohereas  it  frequently  happens  that  the  main 
drains,  or  common  shores,  decay  and  fill  up,  and  the  persons  immediatel}" 
affected  thereb}'  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  re- 
paired, and  have  not  sustained  damage,  to  pay  their  proportionable 
share  thereof,  as  shall  be  adjudged  by  the  selectmen,  nor  in  what  man- 

*  Signed  and  published  February  25,  1763,  according  to  the  record  and  printed 
acts. 
t  "  Joins  or  "  omitted. 


[3d  Sess.] 


Peovince  Laws.— 1702-63. 


621 


ner  the  same  shall  be  recovered,  which  has  already  occasioned  many 
disputes  and  controversies  ;  wherefore,  for  preventing  the  same  for  the 
future, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  whensoever  it  shall  hereafter  happen,  after  the 
second  day  of  April  next,  that  any  common  shore,  or  main  drain,  is 
stopped,  or  gone  to  deca}',  so  that  it  will  be  necessary  to  open  such 
common  shore,  or  main  drain,  to  remove  such  stoppage,  and  repair  it, 
not  oul}'  the  person  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  pa}'  such  a  proportionable  part  of  the  whole 
expence  of  opening  and  repairing  the  common  shore,  or  main  drain,  as 
shall  be  adjudged  to  them  b}'  the  selectmen  of  the  town,  or  [a]  [i/ie] 
major  part  of  them,  to  be  certif  [i][?/]ed  under  their  hands  ;  and  if  any 
person  or  persons,  after  such  certificate  is  made,  shall  refuse  to  pay  the 
same,  within  ten  da^'s,  to  the  person  so  appointed  by  the  selectmen  to 
receive  it,  being  duly  notif  [ie][?/']d  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  per- 
son is  hereby-  full}'  authorized  and  [e][i]rapowered  to  bring  an  action 
or  actions  for  the  same  accordingl}". 

Provided,  always, — 

[Sect.  2.]  That  the  person  or  persons  who  have  occasion  to  open 
any  common  shore,  or  main  drain,  in  order  to  clear  or  repair  the  same, 
shall  first  notify  all  persons  who  are  interested  therein,  that  they  may 
have  an  opportunity  of  making  their  objections  against  such  persons' 
proceeding [s],  and  laying  the  same  before  the  selectmen;  and  if  the 
selectmen,  or  major  part  of  them,  judge  their  objections  reasonable, 
then  such  person  or  persons  shall  not  be  obliged  to  pa}'  any  part  of  the 
charge  thereof;  but  if  they  do  not  make  their  objections  in  person,  or 
writing,  within  three  days  after  warning  given,  or  the  selectmen,  or  the 
major  part  of  them,  determine  their  objections  not  of  sufficient  force, 
then  such  person  or  persons  may  (having  first  liberty  therefor,  under 
the  hands  of  the  major  part  of  the  selectmen)  proceed  to  open  such 
common  shore,  and  clean  and  repair  the  same  ;  and  all  interested  in 
such  common  shore,  or  main  drain,  shall  pa}^  their  proportion  as  is  pro- 
vided in  this  act. 

Provided,  also, — 

[Sect.  3.]  That  nothing  in  this  act  shall  be  construed  or  understood 
to  set  aside  or  make  void  any  covenants  or  agreements  already  made, 
or  that  hereafter  may  be  made,  among  the  proprietors  of  such  drains  or 
common  shores. 

[Sect.  4.]  This  act  to  continue  and  be  in  force  from  the  last  day 
of  March  next,  to  the  second  day  of  April,  one  thousand  seven  hundred 
and  seventy,  and  no  longer.  [^Passed  February  24  ;  published  Febru- 
ary 26,  1763.* 


Persons  receiv- 
ing benefit  by 
common  sewers, 
to  pay  their 
proportion  for 
cleansing. 


Proviso. 


Proviso. 


Continuance  of 
this  act. 


*  Signed  and  published  February  25,  1763,  according  to  the  record  and  printed 

acts. 


622 


Province  Laws.— 1762-63.  [Chaps.  28,  29.] 


CHAPTER   28. 

AN  ACT  IN  FURTHER  ADDITION  TO  AN  ACT  FOR  THE  ORDERLY 
CONSUMMATING  OF  MARRIAGES,  MADE  AND  PASSED  IN  THE 
FOURTH  YEAR  OF  THE  REIGN  OF  THEIR  LATE  MAJEST[Y][I£;]S 
KING  WILLIAM  AND  QUEEN  MARY. 


Preamble. 

1692-93,  chap, 

25. 

127  Mass.  463 


Whereas  there  are  several  parishes  within  this  province  that  have 
been,  and  hereafter  may  be,  made  out  of  two  adjacent  towns  or  more, 
and  the  settled  and  ordained  ministers  in  such  parishes  have  not  power, 
by  law,  to  solemnize  marriages  in  those  parts  of  their  respective  par- 
ishes that  do  not  belong  to  the  town  in  which  they  themselves  dwell, 
which,  in  man}^  respects,  hath  been  found  by  experience  to  be  very  in- 
convenient ;  wherefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  power  granted  to  ministers  to  join  persons  together  in  mar- 
?y  wHhoutthefr  ^'^^g^  be  hereby  [e][i]nlarged ;  and  that  every  settled  and  ordained 
parishes.  minister  in  any  of  the  parishes  and  districts  in  this  province,  though 

they  may  be  composed  of  parts  of  several  towns,  shall  be  and  are 
hereb}'  full}-  authorized  and  impowered  to  solemnize  marriages  betwixt 
persons  that  may  lawfully  enter  into  such  a  relation,  within  the  bounds 
of  their  respective  parishes,  in  as  ample  a  manner  as  they  ma}'  law- 
full}'  do  in  the  several  towns  in  which  they  dwell.  \_Passed  February 
24  ;  *  published  February  26,  1763. 


Ministers  em- 


CHAPTER    29. 

AN    ACT    IN    ADDITION    TO    AN    ACT    INTITULED    "AN    ACT   AGAINST 
ADULTERY  AND   POLYGAMY." 


Preamble.  Whereas  in  and  by  an  act  made  and  passed  in  the  sixth  year  of 

1694-95, chap. 6,  Xing  WilUam  and  Queen  Mary,  intituled  "An  Act  against  adultery 
and  polygamy,"  it  is,  among  other  things,  enacted,  "  That  if  any  man 
be  found  in  bed  with  another  man's  wife,  the  man  and  woman  so 
offending,  being  thereof  convicted,  shall  be  severely'  whipped,  not  ex- 
ceeding tliirty  stripes,  unless  it  appears  upon  trial  that  one  party  was 
surprized  and  did  not  consent,  which  shall  abate  the  punishment  as  to 
such  party  ;  "  for  the  more  effectual  preventing  the  crime  aforesaid, — 
Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  when  and  so  often  as  any  person  shall  be  convicted  of  the 
crime  aforesaid  upon  any  law  or  laws  of  this  province,  it  shall  and  may 
be  lawful  for  the  justices  of  the  court  of  assize  and  general  goal  de- 
livery, before  whom  such  conviction  shall  be  had,  to  sentence  such 
offender  to  pay  a  fine  not  exceeding  one  hundred  pounds,  and  in  de- 
fault thereof  to  be  imprisoned  not  exceeding  six  months,  or  be  whipped 
not  exceeding  thirty  stripes.  [_Passed  February  24  ;  *  published  Feb- 
ruary 26,  1763. 

*  Signed  February  25,  according  to  the  record. 


Penalty  for  a 
man's  being  in 
bed  with  anoth- 
er's wife. 


[3d  Sess.] 


Province  Laws.— 1762-63. 


623 


CHAPTER    3  0. 


AN    ACT    TO    SUPPLY    THE    TREASURY    WITH    THE    SUM    OF    THIRTY- 
EIGHT  THOUSAND   SIX   HUNDRED   AND   FIFTY   POUNDS. 


"Whereas  it  is  necessary,  in  order  to  support  the  faith  and  credit  of  Preamble 
the  government,  that  further  provision  be  made  by  the  general  coui't 
to  enable  the  treasurer  to  discharge  the  receipts  or  obligations  Iw  him 
given  in  behalf  of  the  province,  that  vv'ill  become  due  in  June  next, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  treasurer  be  and  he  hereby  is  directed  and 
[i][e]mpowered  to  borrow,  of  such  person  or  persons  as  shall  appear 
ready  to  lend,  a  sum  not  exceeding  thirty-eight  thousand  six  hundred 
and  fifty  pounds ;  and  for  every  sum  so  borrowed  the  treasurer  shall 
give  his  receipt  or  obligation,  in  the  form  following : — 


Treasurer  em- 
powered to  bor. 
row  £38,650. 


Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D.         176  . 

Borrowed  and  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  promise  and  oblige  myself  and  successors  in  the  office  of 
treasurer  to  repay  to  the  said  or  to  his  order,  on  the  twent[yj[i]eth 

day  of  June,  [1766],  [^A.D.  one  thousand  seven  hundred  and  sixty-six^,  the 
aforesaid  sum  of  ,  in  Spanish  mill'd  dollars  at  six  shillings  each,  or 

in  the  several  species  of  coined  silver  and  gold  enumerated  in  an  act,  made  and 
passed  in  the  twenty-third  year  of  his  late  majesty  King  George  the  Second, 
intituled  "  An  Act  for  ascertaining  the  rates  at.  which  coined  silver  and  gold, 
English  halfpence  and  farthings,  may  pass  within  this  government,"  and  ac- 
cording to  the  rates  therein  mentioned,  with  mterest,  annually,  at  six  per  cent. 
Witness  my  hand.  H.  G.,  Treasurer. 

A.  B.,^ 

C.  D.,  >•  Committee. 

E.  F.,) 

[Sect.  2.]  And  the  treasurer,  in  issuing  said  recei[p]ts  or  obliga- 
tions, and  the  committee  chosen  to  countersign  them,  shall  observe  and 
be  governed  b}-  the  rules  and  directions  given  them  b}'  an  act  of  this 
province,  made  in  the  second  year  of  his  present  majest3''s  reign,  inti- 
tuled "  An  Act  to  suppl}'  the  treasury  with  the  sum  of  twentj'-five 
thousand  pounds;"  and  no  receipt  shall  be  given  for  less  than  six 
pounds. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  said  thirt^'-eight  thousand  six  hundred  and  fift}' 
pounds,  when  received  into  the  treasury,  shall  be  applied  by  the  treas- 
urer for  the  redemption  of  government  securities  that  will  become  due 
b}'  the  last  day  of  June  next. 

And  in  order  to  draw  said  money  into  the  treasury  again,  and  enable 
the  ti'easurer  effectuall}''  to  discharge  the  receipts  and  obligations  (with 
the  interest  that  maj^  be  due  thereon)  by  him  given  in  pursuance  of  this 
act, — 

Be  it  enacted, 

[Sect.  4.]  That  there  be  and  hereby  is  granted  unto  his  most  excel- 
lent majest}^  a  tax  of  forty -five  thousand  six  hundred  and  seven  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  sev- 
eral towns  and  districts  within  this  province,  as  shall  be  agreed  on  and 
ordered  by  the  general  court  or  assembly  at  their  session  in  May,  one 
thousand  seven  hundred  and  sixty-five,  and  to  be  paid  into  the  public 
treasury  on  or  before  the  last  day  of  March  then  next  after. 


Form  of  treas- 
urer's receipt. 


1749-50,  chap. 
19. 


1761-62,  chap. 
23. 


Money  bor- 
rowed, how  to 
be  applied. 


Tax  of  £45,607, 
granted  in  1765. 


624 


PROvmcE  Laws.— 1762-63. 


[Notes.] 


Rule  for  appor- 
tioning the  tax, 
in  case  no  tax 
act  shall  be 
agreed  on. 


Proviso. 


Ajid  be  it  further  enacted, 

[Sect.  5.]  That  if  the  general  court,  at  their  sessions  in  May,  one 
thousand  seven  hundred  and  sixty-five,  and  some  time  before  the 
twentieth  da}^  of  June  in  said  3'ear,  shall  not  agree  and  conclude  upon 
an  act  apportioning  the  sums  which  bj'  this  act  are  engaged  to  be  in 
said  3'ear  apportioned,  assessed  and  levied,  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  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. 

[Sect.  6.]  And  the  province  treasurer  is  hereb}-  fulh-  [i][e]mpow- 
ered  and  directed,  some  time  in  [the]  said  month  of  June  in  the  same 
year,  one  thousand  seven  hundred  and  sixty-five,  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  parts  and  proportions  of  the  sums  before  directed 
and  engaged  to  be  assessed,  to  be  paid  into  the  treasury  on  the  afore- 
mentioned time  ;  and  the  assessors,  as  also  the  persons  assessed,  shall 
observe,  be  governed  b}*,  and  subject  to,  all  such  rules  and  directions 
as  shall  haA'c  been  given  in  the  last  preceeding  tax  act. 

Provided,  always, — 

[Sect.  7.]  That  the  remainder,  if  an}'  there  be,  of  the  sum  which 
shall  be  brought  into  the  treasury  by  the  taxes  ordered  by  this  act  to 
be  assessed  and  levied,  over  and  above  what  shall  be  sufficient  to  dis- 
charge the  receipts  and  obligations  aforesaid,  shall  be  and  remain  as  a 
stock  in  the  treasur}^  to  be  applied  as  the  general  court  of  this  prov- 
ince shall  hereafter  order,  and  to  no  other  purpose  whatsoever.  [^Passed 
February  25  ;  published  February  2G,  17G3.* 


Notes. — All  the  public  acts  of  this  year  were  printed:  chapters  12  and  20  separ- 
ately; and  the  engrossments  of  all  the  acts,  public  and  private,  are  preserved,  ex- 
cept of  chapters  1,  7,  9,  10  and  12,  the  first  four  of  which  have  been  compared  with 
the  record  of  acts  in  the  Secretary's  office. 

The  following  are  the  titles  of  the  private  acts  passed  this  year: — 

"  An  Act  confirming  the  Christian  name  of  Ann  Baker'of  Dorchester  in  the 
County  of  Suffolk  Widow  notwithstanding  the  Mistake  therein." — [Passed  February 
17;  published  February  2G,  17()3. 

"An  Act  to  enable  the  surviving  Executors  of  Edward  Jackson  Gentleman  de- 
ceased to  dispose  of  part  of  his  Real  Estate  in  Shutesbury  in  the  County  of  Hamp- 
shire."—[Pas.secZ  February  24;  published  February  2G,  17G3. 

"  An  Act  to  enable  Faith  Cookson  Wife  of  Obadiah  Cookson  to  make  Sale  of  cer- 
tain Lands  in  the  Township  of  Rutland  set  of¥  to  her  pursuant  to  the  Will  of  her  late 
Father  Cornelius  Waldo  'E^q^."— [Passed  February  24;  published  February  2(5,  1763. 

The  acts  of  the  first  session  were  duly  certified  for  transmission,  July  G,  17G2. 
They  were  delivered  to  the  clerk  of  the  Privy  Council,  in  waiting,  on  the  28th  of 
September  following,  and  the  next  day  were  referred  to  the  committee  on  planta- 
tion affairs,  who,  in  turn,  on  the  fifth  of  October,  referred  them  to  the  Lords  of 
Trade.  No  record  of  action  upon  them  by  the  Board,  has  been  found  until  Novem- 
ber 17,  when  the  Secretary  informed  the  Board  that  they  "  were  with  S""  Matthew 
Lamb,  for  his  Opinion  thereupon  in  point  of  Law."  This  opinion  was  given  to  the 
Board  January  10,  1763,  and  contained  no  objection  to  any  of  these  acts  except  to 
chapters  4  and  8,  as  shown  in  the  note  to  the  latter  chapter,  post.  See,  also,  note 
to  1761-62,  ante. 

The  acts  of  the  second  session  were  certified  for  transmission,  September  25,  1762. 
They  were  delivered,  by  order  of  the  Lords  of  Trade,  to  the  clerk  of  the  Privy 
Council,  in  waiting,  December  14,  referred,  the  next  day,  to  the  committee  on  plan- 
tation affairs,  and,  by  the  latter,  referred  back  to  the  Lords  of  Trade,  December:  17, 
1762, 

The  acts  of  the  third  session,  including  the  private  acts,  were  certified  for  trans- 
mission, March  30,  17G3.  They  were  delivered  to  the  clerk  of  the  Privy  Council,  in 
waiting,  June  30,  and,  on  the  seventh  of  July,  referred  to  the  committee  on  i^lanta- 
tion  affairs,  who,  in  turn,  referred  them  to  tfie  Lords  of  Trade,  two  days  later.  The 
Lords  of  Trade  received  them  July  13,  read  them  on  the  15th,  and  immediately  re- 
ferred them  to  Sir  Matthew  Lamb.  The  latter  reported,  September  22,  that  he  had 
no  objection  thereto  in  point  of  law,  which  report  was  read  by  the  Board,  October 
14,  1763,  "  and  no  material  objection  or  observation  occurring  upon  them  it  was 

*  February  25,  1763,  according  to  the  printed  acts. 


[Notes.]  Province  Laws.— 1762-63.  625 

ordered  that  such  of  them  as  are  not  expired  by  their  own  limitation  should  lye 
by  probationary  until  the  further  effect  of  them  shall  have  been  known." 

As  no  record  of  further  action  has  been  found,  on  the  acts  of  this  year  (excepting, 
perhaps,  the  acts  incorporating  towns),  by  the  Privy  Council,  it  is  to  be  presumed 
that  they  received  a  virtual  approval  by  lajise  of  time. 

Chap.  2.  "  Nov.  18,  1761.  A  Petition  of  James  Craige  of  the  West  Wing  Precinct 
of  Rutland  in  the  name  and  behalf  of  the  said  Precinct— Praying  that  a  Tax  of  four 
j)ence  tl-^  Acre  be  laid  on  all  the  Lands  therein  for  five  years,  that  the  Inhabitants 
may  be  thereby  enaliled  in  some  measure  to  build  a  Meeting  House  and  support  the 
Public  Worship  in  the  said  Place. 

In  Council  Head  again  together  with  the  Answer  of  sundry  of  the  non  resident 
Proprietors.  And  Ordered  Tliat  Samuel  Watts  and  John  Erving  Esq^^  with  such  as 
the  honorable  House  shall  join  be  a  Committee  to  take  the  same  into  consideration 
and  report. 

In  the  House  of  Representatives  Read  and  Concurred  and  Colo  Murray,  M""  Reed, 
and  Col"  Gerrisli  are  joined  in  the  Affair." — Council  lleconU,  vol.  XXIV.,  p.  110. 

'•Nov.  24,  17(51.  John  Murray  Esq''  from  the  House  of  Representatives  came  up 
to  the  Board  with  a  Message  to  desire  that  the  Petition  from  some  of  the  Inhabitants 
of  Leicester  and  Rutland  may  bo  sent  down  to  the  House. 

Gamaliel  Bradford  Esq''  from  the  Board  went  down  to  the  House  of  Representa- 
tives with  the  said  Petition."— Z6/'i.,  p.  130. 

"  Nov.  25,  1761.  Upon  the  Petition  of  James  Craige  Praying  as  entered  the  2^  of 
June  last,  and  afterwards  committed  to  a  Committee  of  both  Houses  the  following 
Vote  passed  viz' 

In  Council — The  Committee  upon  the  foregoing  Petition  having  reported  accord- 
ing to  order  — Read  and  Accepted  and  Ordered  That  there  be  and  hereby  is  allowed 
to  be  raised  two  pence  a  year  for  three  years  next  ensuing  and  one  penny  a  year 
lor  two  other  years  next  after,  ujion  each"Acre  of  the  Lands  of  the  nonresident 
Proprietors  of  the  Precinct  in  the  West  Wing  of  Rutland  to  enable  them  to  build  a 
Meeting  House  for  the  Public  worship  of  God  and  for  the  support  of  the  Gospel 
minister  in  the  said  Precinct  And  the  said  Precinct  are  hereby  authorized  and  im- 
powered  to  ajipoint  suitable  Persons  to  assess  and  collect  the  Taxes  aforesaid.  In 
the  House  of  Representatives  Read  and  Concurred  Consented  to  by  the  Governor." 
— Ibid.,  p.  137. 

Chap.  3.    See  1763-64,  chapter  10,  note. 

Chap.  4.  "  Jan.  31,  1763.  A  petition  of  a  number  of  the  Proprietors  of  Chester- 
field, part  of  them  being  Proprietors  also  of  Land  in  a  Tract  called  the  sexiond  addi- 
tion to  the  Township  called  Number  Four,  which  Tract  of  Land  is  bounded  East- 
erly on  the  Township  of  Deerfield,  Northerly  on  Hunts  Town,  Westerly  on  one  of 
those  Tracts  of  Land  lately  sold  by  the  Governm(;nt  called  Number  Five,  and 
Southerly  on  Chesterfield  containing  about  Three  Tliousand  Acres  Setting  forth. 
That  the  said  Tract  is  too  small  for  a  Township,  and  that  all  the  Proprietors  thereof 
as  well  as  the  Proj-yrietors  of  the  Town  of  Chesterfield  ai'e  desirous  that  the  said 
Tract  of  Land  should  be  annexed  to  the  Town  of  Chesterfield,  and  that  it  dos  not 
lye  commodiously  to  be  annexed  to  any  other  new  Plantation,  And  Praying  that  the 
same  may  be  annexed  to  Chesterfield  accordingly. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Prayer  of  the  Peti- 
tion be  granted;  and  that  the  Lands  mentioned  in  tlie  Petition  be,  and  are  hereby 
annexed  to  the  Town  of  Chesterfield  and  the  Inhabitants  and  Possessors  of  the  said 
Lands  to  do  duty  and  receive  i^riviledge  therein.  In  Council  Read  and  Concurred 
Consented  to  by  the  Governor." — Council  Records,  vol.  XXIV.,  p.  538. 

See  1763-64,  chapter  10,  post. 

Chap.  G.  "  June  21,  1765.  A  Memorial  of  Charles  Harrison  Esq^— Setting. forth — 
That  he  purchased  at  Philadelphia  ten  Notes  of  £9  each  issued  by  the  Treasurer  of 
this  province  dated  30"'  May  1760  and  endorsed  by  Royall  Tyler  Esq''  jiayable  with 
Interest  on  or  before  the  20"^  June  1764,  but  that  upon  presenting  them  to  the  Treas- 
urer he  was  informed  that  by  an  Order  of  this  Government  the  interest  had  ceased 
31*5'  October  1762.  That  he  then  living  at  Pliiladelphia  was  ignorant  of  the  said 
Order,  and  did  not  imagine  that  he  had  a  right  to  demand  payment  till  after  the 
20"'  June  1765.    And  praying  that  he  may  be  allowed  Interest  accordingly. 

In  the  House  of  Representatives,  Read  and  Ordered  that  the  sum  of  Ninety 
pounds  be  ]iaid  out  of  the  public  Treasury  to  the  Memorialist,  being  the  principal 
of  the  Notes  within  mentioned:  And  the  interest  that  shall  ajipear  due  on  the  same 
*till  the  2U"»  of  June  1764.  In  Council,  Read  and  Concurred.  Consented  to  by  the 
Gov&mox ." —Council  Records,  vol.  XXVI.,  p.  54. 

"  Oct.  31,  1765.  A  Petition  of  John  Still  Winthrop  Esq''  of  New  London  setting 
forth— Tliat  on  the  28"'  of  August  1761,  He  lent  this  Government  Six  hundred 
pounds,  and  took  M'^  Treasurer  Gray's  Note  for  the  same  payable  by  the  20"'  of 
.June  1765  with  Interest  annually  'till  paid.  That  only  one  years  Interest  has  been 
paid  on  said  Note,  and  that  an  Order  has  since  passed  for  calling  in  all  the  Njtes  of 
that  form  and  exchanging  them  for  Notes  of  a  new  form  on  penalty  of  losiug  the 
Interest:  that  by  reason  of  his  distance  he  was  unacquainted  with  said  Order 
whereby  he  is  like  to  lose  the  rest  of  the  Interest,  unless  aided  by  the  Government 
who  have  had  the  use  of  his  money.     And  jjraying  Relief. 

In  the  House  of  Representatives.  Resolved  that  the  Treasurer  be  directed  to 
pay  John  Still  Wintlirop  Esq''  the  whole  of  the  Interest  of  the  Note  mentioned  in 
his  Petition  to  the  20"'  of  June  last,  he  living  out  of  the  Province  and  not  informed 


626  PiioviNCE  Laws.— 1762-63.  [Notes.] 

of  the  Order  of  this  Court  passed  iu  October  1762—    In  Council,  Read  and  Con- 
curred   Consented  to  by  the  Governor." — Ibid.,  p.  97. 

Chap.  8.  "  Jan.  15,  1759.  A  Petition  of  Samuel  Webb  and  Others,  Inhabitants  of 
a  Place  called  New  Marblehead — Setting  fortli  the  difficulties  they  labour  under,  for 
want  of  having  the  Gospel  preached  among  them,  and  the  inability  of  the  Inhabit- 
ants to  support  it;  that  the  Proprietors,  sixty  in  number  are  all  excepting  four  Non 
Residents,  who  refuse  to  be  at  any  expence  to  obtain  a  settled  Ministry  iu  the  Place 
— And  praying  that  a  Tax  may  be  laid  upon  the  Non  Resident  Proprietors  Lands  in 
said  place  for  building  a  Meeting  House,  and  supporting  a  Minister;  and  that  the 
Inhabitants  may  be  impowered  to  raise  money  among  themselves  for  the  Support  of 
a  School;  and  other  purposes. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Petitioners  notify 
the  Non  Resident  Proju-ietors  of  the  Township  of  New  Marblehead  of  this  Petition 
by  inserting  the  Substance  thereof  in  one  or  more  of  the  Public  Prints  for  three 
weeks  successively,  that  they  shew  cause  (if  any  they  have)  on  the  second  Wednes- 
day of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof  should  not  be  granted. 
In  Council.  Read  and  Concurred." — Council  Records,  vol.  XXII.,  p.  487. 

"  Jan.  8,  17G1.  A  Petition  of  the  Grantees  of  a  Township  called  New  Marble- 
head— Setting  forth  That  in  Obedience  to  the  Order  of  this  honourable  Court  in 
October  A.D.  1758,  they  sent  to  the  said  Township  Messrs  John  Wright  and  Samuel 
Turner  with  Orders  to  take  an  Exact  Account  of  the  state  of  the  said  Township  and 
the  progress  made  by  each  Grantee  towards  a  Settlement;  who  made  Reijort  upon 
Oath,  which  was  laid  before  this  honWe  Court,  whereby  it  Appears  that  Twenty 
nine  of  the  Grantees  had  settled  Families  there,  (A  List  whereof  are  hereunto 
Annexed)  the  other  Grantees  (tho  all  of  tliem  but  N"  4  drawn  by  George  Pigot)  have 
Cleared  lands  on  their  respective  Lotts,  they  have  not  settled  Families  there,  by 
which  Neglect  the  few  Families  there,  have  been  exposed  to  great  difficulties. 
Thajt  this  small  settlement  have  for  manj'  Years  past  dwelt  there,  without  any  Set- 
tled Gospel  Minister  or  any  Civil  Government  among  them.  That  the  Grantees, 
find  it  necessary  that  a  further  division  of  a  set  of  100  Acre  lotts  be  laid  out  there, 
which  can't  be  Effected  witli  any  certainty  until  they  Obtain  a  Settlement  of  the 
Boundary  Lines  betwixt  the  said  Grant,  and  the  Towns  of  Falmouth  and  North 
Yarmouth  on  which  they  Joyu,  which  they  apprehend  cannot  be  Effected  but  by 
the  Aid  of  this  Hon^ie  Court.  Praying  that  the  twenty  nine  Settled  Numbers  be 
Confirmed  to  the  respective  Grantees  and  their  heirs.  And  the  Non  Settlers  be 
compeled  as  soon  as  may  be  to  Compleat  their  Settlements.  That  the  Settlement  of 
the  said  Boundary  Lines  may  be  Ordered,  and  that  the  Inhabitants  there  may  be 
Incorporated  into  some  order  of  Government,  and  as  the  Original  home  Lotts  were 
laid  out  but  10  Acres  (to  make  Settlement  Compact  and  defensible)  which  has  greatly 
hurt  and  discouraged  the  said  Settlement  and  that  the  Non  Settlers  may  not  be 
Compelled  to  settle  on  said  10  Acre  Lotts,  each  of  them  having  an  100  Acre  Lott 
Adjoyning  to  the  said  liome  Lotts  already  laid  out,  which  will  better  suit  them — and 
also  Praying  that  Lott  N"  44  in  said  Townshiii  may  be  appropriated  to  the  Ministe- 
rial use. 

In  Council ;  Read  and  Ordered  That  John  Chandler  Esq^  with  such  as  the  hon- 
ourable House  shall  join  be  a  Committee  to  take  this  Petition  under  consideration 
and  report  what  they  judge  proper  for  this  Court  to  do  thereon. 

In  the  House  of  Representatives;  Read  and  Concurred  and  Colo  Clapp  and  Major 
Cushing  are  joined  in  the  Affair." — Ibid.,  vol.  XXIII.,  p.  576. 

"  Jan.  20,  1761.  The  Committee  appointed  the  8'^  of  January  Instant  on  the  Peti- 
tion of  the  Gi'antees  of  New  Marblehead  made  the  following  Report  Viz' 

The  Committee  to  whom  was  referred  the  within  Petition  humbly  report  as  their 
Opinion  that  the  Rights  belonging  to  the  twenty  nine  persons  contained  in  the  An- 
nexed list  be  confirmed  to  them  their  heirs  and  Assignes  forever,  and  that  the  Plan- 
tation be  Erected  into  a  District.  That  the  other  Original  Admitted  Settlers  or  those 
who  hold  under  them  being  Thirty  one,  be  allowed  one  Year  from  this  time,  to  com- 
l)ly  with  the  Conditions  of  the  Grant,  and  such  of  them  as  do  not;  their  Supposed 
Shares  or  Rights  revert  to  the  Province,  and  be  disposed  of  as  this  Court  shall 
Order,  that  a  Committee  be  appointed,  at  the  Charge  of  the  Petitioners  to  fix  and 
ascertain  the  bounds  of  the  Plantation  adjoyning  to  the  Towns  of  Falmouth  and 
North  Yarmouth  the.v  giving  proper  Notice  of  the  time  of  their  IMeeting  for  that 
jiurpose — and  that  the  Scholl  Lott  N"  44,  be  appropriated  for  the  Encouragement  of 
the  next  ordain'd  Minister  amongst  them  reserving  four  Acres  thereof  for  Erecting 
a  Meeting  House  on,  and  for  other  Publick  uses,  and  that  j^revious  to  the  laying  out 
any  further  Division,  a  hundred  Acres  of  good  land  be  laid  out  for  tlie  ixse  of  a 
School  in  Lieu  of  said  Lott  N^  44      4f  order  of  the  Com"^e  John  Chandler. 

In  Council  Read  and  Accepted  and  Ordered  That  Richard  Cutt  Esquire  with  such 
as  the  honourable  House  shall  join  be  a  Committee  to  run  the  Lines  mentioned  in 
said  Report. 

In  the  House  of  Representatives;  Read  and  Concurred  and  M"'  Bradbury  and  D'' 
Sayer  are  joined  in  the  Affair. 

Consented  to  by  the  Governor." — Ibid.,  p.  612. 

"  Nov.  27,  1761.  In  Council.  Upon  the  Petition  of  Nathan  Bowen  and  others 
Grantees  of  a  Township  called  New  Marblehead  in  the  County  of  Cumberland,  and 
the  Report  of  a  Committee  of  the  Gcmeral  Court  thereon.  Resolved  and  Ordered, 

That  the  Bounds  between  the  said  Township  ofNew  Marblehead  and  the  Towns 
of  Falmouth  and  North  Yarmouth  be  as  follows  viz'.  Beginning  at  a  little  white 
Rock  by  the  water  side  in  Casco  Bay  running  Northwest  ninety  five  rods  to  the 
Stump  of  a  red  oak  tree  which  was  formerly  marked  F.  and  from  thence  Northwest 
on  the  line  between  the  Towns  of  Falmouth  and  North  Yarmouth  eight  miles  to  a 


[Notes.]  Province  Laws.— 1762-63.  627 

Pine  tree  marked  F.  for  the  Northwest  corner  of  the  said  Town  of  Fahnouth  and 
from  thence  the  lines  between  said  Towns  of  Falmouth  and  the  said  New  Marblehead 
to  run  on  a  strait  line  to  come  tifteen  rods  to  the  Eastward  of  a  Brook  called  Inkhorn 
Brook,  below  the  mouth  cf  the  said  Brook  where  it  enters  into  the  River  called 
Pesumpscot  River  to  run  again  from  the  said  Pine  Tree  on  the  line  of  Falmouth 
ninety  five  rods  to  the  Southeast  corner  of  North  Yarmouth  being  a  stake,  and  from 
thence  Northeast  three  miles  on  the  Bounds  between  North  Yarmouth  and  New 
Marblehead  to  the  line  of  New  Boston,  and  that  the  Lines  between  New  Marble- 
head  and  the  Towns  of  Falmouth  and  North  Y''armouth  be  fixed  and  established  as 
beforementioned. 

It  is  further  Resolved  and  Ordered  That  Lot  No  1,  in  the  second  hundred  acre 
of  division  of  Lots  in  the  said  Townsliiii  of  New  ISIarblehead,  which  Lot  is  bounded 
on  the  fifty  fifth  and  fifty  sixth  Lots  in  the  first  division  of  hundred  acre  Lots  be  set 
off  and  established  for  a  School  Lot  in  the  said  Township  in  the  room  of  the  forty 
fourth  Lot  which  was  taken  from  the  School  for  the  Minister.  lu  the  House  of 
Representatives  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  vol. 
XXir.,p.  150. 

"April  21,  1762.  In  the  House  of  Representatives;  Voted  that  the  Committee 
apjx)inted  by  this  Court  at  their  last  Session  to  run  out  the  lines  of  the  Towns  of 
Biddeford  Scarborough  and  Falmouth  and  to  fix  the  bounds  of  the  Township 
of  Narraganset  N"  7,  Narraganset  N"  1  and  Piersontown,  be  and  they  hereby  are 
ordered  and  directed  to  fix  the  bounds  of  each  of  the  Townships  of  New  Marble- 
head; New  Boston  and  New  Glocester;  the  Committee  to  observe  the  same  direc- 
tions as  mentioned  in  the  Vote  appointing  them  a  Committee  as  aforesaid.  The 
charges  to  be  born  as  expressed  in  the  same  Vote.  In  Council  Read  and  Concurred 
Consented  to  by  the  Governor."— 76k/.,  p.  353. 

" — I  must  observe  to  Your  Lordships  that  there  are  amongst  them  several  Acts  for 
erecting  Parishes  into  Districts  and  Towns  and  investing  them  with  the  like  Powers 
and  Priviledges  that  Towns  iu  this  Province  by  law  enjoy;  Only  in  some  of  these 
Acts,  that  of  sending  a  Representative  to  the  General  Assembly  is  particularly 
excepted,  But  in  some  of  them  the  powers  are  general  without  any  such  exception 
which  I  apprehend  should  be  in  all  of  thcra  to  prevent  any  doul)t  or  claim  that  may 
arise  in  this  Province  in  respect  to  those  Towns  that  are  not  under  such  exceptions 
in  their  respective  Acts." — From  Sir  M.  Lamb's  opinion,  to  the  Lords  of  Trade,  on 
acts  of  1761-2;  Jan.  10,  1763:  "Mass.  Bay,  B.  T.,"  vol.  78.,  L.  I.,  43,  in  Public-Record 
Office. 

"  Sir,  Having  had  under  our  consideration  the  Acts  passed  in  Massachusetts  Bay 
in  17G1  and  1702,  We  have  found  amongst  them  no  less  than  seven*  (a  List  of  the 
Titles  of  which  is  inclosed)  for  erecting  new  Towns  and  giving  such  Towns  all  the 
Priviledges  of  other  established  Towns  in  the  Province. 

As  it  does  not  appear  to  us,  whether  these  new  Towns  will  by  this  form  of  Consti- 
tution be  entituled  to  Representatives  in  the  General  Court,  We  shall  suspend  any 
determination  upon  them  until  We  shall  have  received  from  you  full  information 
upon  this  point,  to  which  end  and  that  We  may  know  with  certainty  and  precision 
wliat  is  the  constitution  and  practice  of  the  Province  in  this  case,  We  must  desire 
that  you  will  lose  no  time  in  transmitting  to  us  an  exact  List  of  the  several  Towns 
and  Places  which  send  Representatives,  distinguishing  the  number  which  each  place 
sends  when  and  by  what  authority  the  right  of  Representation  was  first  establish'd 
and  in  what  way  this  right  takes  place  whether  by  Petition  to  the  General  Court  or 
by  dii-ect  application  to  the  Governor. 

As  the  knowledge  of  these  matters  is  essential  to  His  Majesty's  Service,  We  desire 
you  will  be  punctual  in  your  obedience  to  our  directions  of  the  want  of  which  in  other 
Cases  we  have  but  too  much  reason  to  complain,  not  having  yet  received  from  you 
any  answer  to  our  General  Heads  of  Enquiry,  transmitted  to  you  so  long  ago  as  the 
28  of  April  1761  and  which  Answers  are  in  the  present  state  of  Affairs  very  materi- 
allv  necessary  for  our  Information." — Lords  of  Trade  to  Gov.  Bernard,  Feb.  8,  1763  : 
"  Mass.  Bay,  B.  T.,"  vol.  86,  p.  151,  in  Public-Record  Office. 

"  Feb.  10,  1763.  The  following  Report  was  made  by  the  Committee  appointed  for 
the  purposes  therein  mentioned  viz' 

The  committee  of  both  Houses  herein  last  beforementioned  having  carefully 
viewed  the  Plans  of  the  several  Townships  called  Narraganset  N>>  7.  Narragansett 
N"  1,  Pearson  Town,  New  Marblehead,  New  Boston  and  New  Gloucester,  with  the 
Lines  and  Boundaries  of  the  same  and  of  the  Towns  of  Biddeford,  Scarborough  and 
Falmouth  as  run  and  fixed  by  a  Committee  of  this  Court  appointed  in  Fel)ruary 
last  and  described  in  the  Plans  aforesaid;  having  also  perused  the  Petition  of  the 
Proprietors  of  the  Town  of  Scarborough  and  other  Papers  committed  to  Us,  and 
heard  and  considered  what  the  Parties  concerned  thought  fit  to  offer  in  opposition 
to,  or  support  of  the  Proceedings  of  the  said  Committee  touching  the  premises  are, 
upon  the  whole  of  opinion  that  the  herein  before  written  Report  of  the  said  Com- 
mittee signed  Richard  Cutt  be  accepted,  and  that  the  Plans  of  the  several  Townships 
abovementioned  therewith  exhibited,  and  the  several  Lines  and  Boundaries  therein 
described,  be  ratify ed  and  confirmed  accordingly.  Provided  that  the  description  of 
the  Boundaries  of  the  Townships  aforementioned  in  the  Plans  aforesaid  be  not 
understood  or  construed  to  affect  or  alter  the  side  line  which  divides  the  Town  of 
Scarborough  from  that  of  Falmouth;  but  the  same  shall  remain  as  formerly  stated. — 
Which  is  humbly  submitted  4P  Order— Sam'  Danforth. 

In  Council  Read  and  Accepted.  And  Ordered  That  the  Linos  and  Biiundaries  of 
the  several  Townships  of  Biddeford,  Scarborough  and  Falmouth,  and  Narraganset 
No  7,  Narraganset  No  1,  Pearson  Town,  New  Marblehead,  New  Boston  and  New 

*  Viz.,  Bernardston,  Sandisfield,  Templetcu,  Athol,  Tynngham,  Chesterfield,  and  Windham. 


628  PROVINCE  Laws.— 1762-63.  [Notes.] 

Gloucester  as  laid  down  in  the  Plans  exhibited  by  the  Committee  for  running  the 
Lines  of  the  said  Township  be,  and  hereby  are  determined  to  be  the  Lines  and 
Boundaries  of  the  said  Townships  respectively ;  and  the  said  Plans  are  hereby  rati- 
fyed  and  confirmed,  Provided  that  tlie  description  of  the  Boundaries  of  the  Town- 
ships aforementioned  in  the  Plans  aforesaid  be  not  understood  or  construed  to  affect 
or  alter  tlie  side  line  which  divides  the  Town  of  Scarborough  from  that  of  Fal- 
mouth; but  the  same  shall  remain  as  formerly  stated. 

In  the  House  of  Representatives  Head  and  Concurred  Consented  to  by  the  Gov- 
ernor."— Council  RecorcU,  vol.  XXIV.,  p.  566. 

Feb.  15, 17G3.  In  the  House  of  Representatives;  Ordered  That  the  Expence  of  the 
Committee  appointed  by  the  General  Court  in  February  1762  to  run  out  and  fix  the 
Bounds  of  nine  Townships  in  the  Counties  of  York  and  Cumberland,  the  ballance 
of  whose  Accounts  amounting  to  the  sum  of  One  hundred  and  fourteen  pounds  11/11 
Signed  by  Richard  .Cutt  be  paid  as  follows 

Falmouth £16,  7,  5 

Scarborough 16,  7,  5 

Biddeford 8,  7,  5 

Pepperrellborough 8,  -  - 

GorhamTown 16,  7,  5 

Pearson  Town 16,  7,  5 

Windham 16,  7,  5 

The  Province 16,  7,  5 

£114,  11, 11 

Each  of  the  above  Towns  to  be  Taxed  for  the  same  in  the  next  Province  Tax  Act 
Tinless  any  of  them  shall  pay  their  proportion  as  aforesaid  into  the  Province  Treas- 
ury before  the  issuing  of  said  Tax;  and  that  the  whole  sum  be  now  paid  out  of  the 
Province  Treasury  to  said  Richard  Cutt  Esq""  in  full  discharge  of  said  Account,  and 
by  him  to  be  paid  to  those  to  whom  the  same  is  respectively  due. — 

In  Council  Read  and  Concurred.    Consented  to  by  the  Governor." — Ibid.,  jt.  585. 

"  I  have  received  your  Lordships  letter  of  Feb''y  8"'  requiring  a  full  information 
concerning  the  constitution  of  the  House  of  Representatives  of  this  Province.  This 
I  shall  state  to  Your  Lordships  with  all  the  precision  I  am  able  to  do. 

By  the  Charter  every  Town  is  impowred  to  elect  two  Persons  to  serve  for  and 
rei^resent  them  in  tlie  General  Assembly.  But  by  an  Act  of  the  4^'  of  Will  &  Mary 
cap.  19  No  Town  is  allowed  to  send  two  Members  but  what  has  120  freeholders. 
Every  Town  that  has  40  freeholders  is  obliged  to  send  one  Representee  a  Town 
that  has  above  30  and  under  40  freeholders  may  send  a  Representative  or  not  as 
they  please;  A  Town  under  30  freeholders  may  send  a  Rejiresentative  or  join  with 
the  next  in  the  choice  of  a  Representative;  Boston  alone  is  allowed  to  send  4.  By 
an  Act  of  the  5'^  of  Will  and  Mary  cap.  11,  the  qualification  of  a  voter  is  declared 
to  be  his  giving  oath  that  he  is  worth  40  pounds  sterling  or  a  freehold  estate  of  40 
shillings  per  ann: 

If  according  to  this  regulation  Every  Town  should  avail  itself  of  its  utmost  power 
to  send  Representatives,  the  number  would  be  very  large  indeed.  But  as  the  send- 
ing a  Member  is  a  burthen  upon  a  Town  instead  of  being  exerted,  it  is  avoided  as 
much  as  possible,  so  that  it  scarce  ever  happens  that  a  Town  which  has  a  right  to  be 
excused  sends  a  representative:  and  of  those,  which  are  obliged  by  law  to  send  one, 
a  great  many  make  default;  tliat  it  is  frequent  for  the  House  of  Representatives  to 
fine  Towns  for  not  sending  Members,  (see  Votes  pa.  12.)  Your  Lordships  will  see  at 
the  beginning  of  the  Votes  of  each  year  a  List  of  tlie  Towns  supposed  to  send  Mem- 
bers distinguishing  wlio  have  made  returns  and  who  not:  These  are  not  correct,  but 
near  so  enough  to  form  a  calculation.  In  the  list  in  17(j2,  being  the  last  return,  there 
appear  to  be  168  Towns  (reckoning  joint  Towns  as  one)  which  are  supposed  to  be 
obliged  to  send  Members  of  which  64  have  made  default  and  104  have  returned:  Of 
these  last  only  4  have  sent  more  than  one  Member,  so  that  there  appears  to  be  110 
(including  the  supernumeraries  of  the  four  Towns)  Representatives  returned.  I  will 
suppose  that  much  the  greater  part  of  these  Towns  have  a  right,  if  they  please,  to 
send  two  Representatives  and  that  there  are  many  other  Towns  not  named  in  this 
List  which  have  a  right  to  send  one  representative:  so  that  the  House  is  capable  of 
a  great  increase  even  though  there  was  no  new  settled  Country  to  contribute  to  it. 

I  wrote  to  Your  Lordships  upon  the  subject  in  a  letter  dated  Aug.  3.  1761  which  I 
desire  may  be  read,  as  if  inserted  here,  for  which  purpose  I  shall  enclose  with  this 
a  triplicate  of  it.  Upon  account  of  my  representations  in  that  letter  Your  Lord- 
ships sent  me-his  Majesty's  relaxation  of  the  instruction  Altho'  this  left  me  at  lib- 
erty to  consent  to  incorporating  Townships  without  any  restriction  yet  I  have 
observed  the  Instruction  in  all  instances  of  carvings  new  Townships  out  of  old 
ones,  in  which  case  I  have  made  it  a  rule  that  the  New  Town  should  join  with  the 
old  one  from  whence  it  was  taken,  in  a  Representative.  An  instance  of  this,  the 
Town  of  Great  Barrington  lately  constituted  by  Act  will  afford. 

Since  I  have  received  the  relaxation  of  the  instruction,  the  Bills  for  constituting 
Townships  in  the  new  settled  Counties  have  been  silent  in  regard  to  their  being 
represented;  of  course  they  are  left  to  the  Laws,  which  I  have  before  stated.  When 
one  of  these  Towns  has  a  suflicient  number  of  Freeholders,  it  is  intitled  to  a  precept 
as  a  matter  of  right.  But  it  is  generally  expected  that  they  will  decline  that  privi- 
ledge  as  long  as  they  can,  to  avoid  the  expence  of  it.  In  short.  My  Lords,  it  were  to 
be  wished  that  some  proper  method  could  be  devised  to  limit  the  general  number 
of  Representatives,  But  it  seems  to  me  that  it  should  be  done  rather  by  contracting 
those  of  the  old  Counties  than  by  preventing  a  New  County  from  being  competently 
represented. 


[Notes.]  Peovince  Laws.— 1762-63.  629 

T  don't  apprehend  that  the  difficulty  of  this  Reform  will  be  so  great  in  the  plan- 
ning the  work  as  in  the  reconciling  the  people  to  an  alteration  which  tends  to  the 
contracting  their  representation.  It  might  be  done  effectually  by  enlarging  the 
number  of  freeholders  that  shall  give  a  Town  a  right  to  send  one  Member  and  as 
for  Towns  that  have  not  such  a  Number  to  join  them  together  in  chusing  a  Repre- 
sentative as  many  already  are.  The  ascertaining  this  number  will  depend  upon  the 
whole  number  of  freeholders  in  the  Province,  which  I  shall  endeavour  to  learn  this 
Summer  and  from  thence  may  be  calculated  wliat  number  of  freeholders  should  go 
to  the  constituting  a  Representative  to  keep  the  House  within  a  proper  number  of 
Representatives." — Gov.  Bernard  to  Lords  of  Trade,  Apr.  30, 1763:  "Mass.  Bay,  B.  T.," 
vol.  78,  L.  I.,  57. 

See,  also,  notes  to  1763-64,  chapter  10,  and  1765-66,  chapter  23,  post. 

Chap.  9.  "  At  last  Winter  Session  I  had  before  me  a  Bill  for  punishing  the  coun- 
terfieting  Money  and  Treasurer's  Notes,  which  I  thought  proper  not  to  consent  to. 
Among  the  reasons  for  my  dissent  one  was,  that  the  counterfieting  Treasurers 
Notes  was  not  made  capital  As  in  all  other  parts  of  his  Majesty's  Dominions,  that  I 
have  observed,  the  Government  Securities  are  defended  from  Frauds  by  the  penalty 
of  Death,  I  could  not  see  why  those  belonging  to  this  Province  should  not  have  the 
same  Protection.  And  it  is  in  my  opinion  that  if  you  do  not  think  proper  to  make 
counterfieting  the  Treasurers  Notes  a  capital  Offence  you  had  better  not  exact  any 
Punishment  at  all:  For  in  this  case  it  will  only  appear  to  be  an  Omission:  in  the 
former  it  will  be  a  Publick  diminution  of  the  atrocity  of  the  Crime — 

If  you  shall  think  proper  to  make  the  counterfieting  Treasurers  Notes  a  capital 
Offence  it  will  be  best  to  do  it  in  the  Acts  which  impower  the  Treasurer  to  issue 
such  Notes  (as  was  usual  with  the  Government  Securities  in  England  until  the  gen- 
eral Law  that  made  all  Forgery  capital,  pass'd)  observing  that  the  first  Clause  of  the 
kind  has  a  Retrospect  to  the  former  Acts:  And  in  such  case,  it  will  be  proper  to 
order  that  notice  of  this  penalty  be  engraved  at  the  Bottom  of  the  Copper  plate — I 
shall  leave  this  Bill  for  supplying  the  Treasury  with  Thirty  five  Thousand  seven 
hundred  pounds  in  the  hands  of  the  Secretary  'till  You  have  determined  upon  the 
Subject  of  t\\\9..— Message  of  Gov.  Bernard,  to  the  Assembly,  June  9,  1762:  Council  Rec' 
ords,  vol.  XXIV.,  p.  413. 

"  June  11,  1762.  Thomas  Gushing  Esq""  and  Others  a  Committee  of  the  House  of 
Representatives  came  up  to  his  Excellency  the  Governor  with  the  following  Mes- 
sage Viz' 

May  it  please  your  Excellency 
The  House  have  duly  attended  to  your  Excellency's  Message  of  the  9"i  Instant 
respecting  the  Punishing  the  Counterfieters  of  money,  and  of  the  Treasurers  Notes: 
And  after  the  most  deliberate  consideration  thereof  cannot  but  be  of  the  same  Sen- 
timents respecting  the  Punishment  of  this  Offence,  as  the  two  last  Houses,  by  whom 
the  Bill  for  this  purpose  was  passed. 

The  House  Sir  is  ^-ery  Sensible  that  the  crime  is  very  atrocious  and  that  it  might 
be  of  very  mischievous  consequence  to  the  Province  to  make  a  particular  Provision 
of  a  punishment  so  inadequate  as  in  effect  to  be  a  Public  diminution  of  the  atrocity  of 
it.  At  the  same  time  the  House  are  very  averse  to  a  capital  Punishment  in  any  case 
where  the  interest  of  the  Government  does  not  absolutely  require  it:  and  as  they 
doubt  not  some  other  Punishment  than  Death  will  be  sufficient  effectually  to  deter 
from  the  commission  of  this  crime,  they  can't  give  their  consent  it  should  be  pun- 
ished with  death.  And  as  they  flatter  themselves  the  Punishment  provided  for  in 
the  Bill  will  be  Sufficient  for  this  purpose,  they  are  very  desirous  the  same  may  be 
tried;  and  are  ready  to  originate  another  like  Bill;  and  assure  your  Excellency  that 
should  future  experience  discover  the  Sentiments  of  the  House  to  be  ill  founded, 
they  should  be  ready  themselves,  and  doubt  not  any  future  Assembly  would  be 
ready  to  inhance  the  Punishment  so  as  to  make  it  effectual  to  the  purpose  de- 
signed."— Ibid.,  p.  426.  A 

See,  also,  note  to  1761-62,  chaps.  28  and  29,  ante. 

Chap.  10.  A  grant  of  £200,000,  to  reimburse  part  of  the  expenses  of  all  the  colo- 
nies in  the  campaign  of  1760,  was  voted  by  the  House  of  Commons,  January  20, 
1761,  in  the  same  form  of  words  used  in  the  previous  grants.  Mr.  Bollan,  who  had 
labored  successfully  to  thwart  a  movement  for  reducing  this  grant,  informed  the 
General  Court  of  the  passage  of  the  vote,  in  his  letter  of  February  12,  1761;  and  he 
had  already  taken  measures  to  have  the  money  so  apportioned  as  to  secure  for  Mas- 
sachusetts compensation  for  expenses  incurred  in  the  campaign  of  1759  in  excess  of 
her  proportion.  This  extra  expense  was,  chiefly,  the  cost  of  maintaining  garrisons 
at  Louisbourg  and  Nova  Scotia  during  the  winter  of  1759,  and  the  spring  of  1760,  after 
the  other  troops,  enlisted  for  the  campaign,  had  returned  home. 

Gen.  Amherst's  returns,  upon  which  the  Lords  of  the  Treasury  had  determined 
to  make  the  apportionment,  although  repeatedly  called  for  by  Mr.  Bollan,  in  his 
correspondence  with  the  Secretary  of  the  Province,  were  delayed  so  long  that,  upon 
the  suggestion  of  Mr.  Mauduit,  after  his  appointment,  the  Lords  of  the  Treasury 
consented  to  apportion  the  grant  according  to  the  number  of  troops  and  times  of 
service,  of  the  respective  quotas,  as  agreed  upon  by  the  colonial  agents.  The 
agents,  accordingly,  agreed  that  £10,000  should  be  retained  by  the  Lords  of  the 
Treasury,  to  be  held  for  future  distribution,  to  provide  for  the  adjustment  of  the 
additional  claim  of  Massachusetts  when  the  full  returns  should  arrive,  and  that,  in 
the  mean  time,  the  remaining  £190,000,  should  be  apportioned  on  the  basis  of  the 
returns  for  the  previous  year.  Under  this  arrangement  Mr.  Mauduit  received  £57,- 
602,  6s.  as  the  share  of  Massachusetts.  This  sum  was  paid  July  28,  1762,  at  the 
office  of  the  Paymaster-General,  instead  of  through  the  Exchequer,  as  formerly— a 


630  Province  Laws.— 1762-63.  [Notes.] 

change  effected  hy  Mr.  Bollan,  hj  which  something  was  saved  in  fees,  and  the 
trouble  of  taking  part  pay  in  tallies,  avoided.  A  year  later  Mr.  Mauduit  wrote  to 
the  Secretary  that  the  £10,000  was  still  undistributed,  and  that  there  was  no  likeli- 
hood that  the  disputes  concerning  it  would  be  soon  determined. 

Mr.  Bollan  had  received  notice  of  bills  overdrawn  upon  him  to  an  amotint  ex- 
ceeding £;i,000,  and  there  were  still  others  that  had  not  been  presented;  so  that  the 
amount  of  bills  authorized  to  be  drawn  by  the  present  act  was  larger  than  the  bal- 
ance remaining  in  Mr.  Mauduit's  hands,  after  setting  aside  a  sum  sufficient  to  meet 
liabilities  already  inciirred. 

Upon  the  receipt  of  General  Amherst's  returns  it  appeared  that  Pennsylvania 
and  Connecticut  had  been  largely  overpaid  in  the  apportionment  by  the  Lords  of 
the  Treasury.  The  agent  for  the  colony  of  Connecticut  immediately  agreed  that 
the  amount  received 'by  that  colony,  in  excess  of  her  proportion,  ought  to  be  de- 
ducted from  that  colony's  share  of  the  grant  to  reimburse  the  expenses  incurred  in 
the  camjiaign  of  17(51,  while  the  agent  for  Pennsylvania,  as  that  province,  according 
to  Gen.  Amherst's  return,  had  furnished  no  troops  for  the  campaign  of  17G1,  and 
,  would,  therefore,  not  be  entitled  to  any  portion  of  the  next  grant,  upon  the  recom- 

mendation of  the  agents  for  all  tlie  colonies,  agreed  to  represent  the  case  to  their 
constituents,  "  praying  them  that  for  the  honor  of  the  said  colony  and  for  support- 
ing the  credit  of  their  agents  Order  might  be  taken  to  pay  over  in  America,  as  soon 
as  may  be  to  the  treasurers  of  the  respective  colonies  "  *  *  "  the  sum  of  £l<),i»47 
sterling"  in  the  proportion  agreed  upon— that  being  the  estimated  amount  which 
had  been  overi:)aid  to  Pennsylvania. 

The  whole  expense  to  which  Massachusetts  had  been  subjected  in  the  campaign 
of  17G0,  and  towards  the  reimbursement  of  which  the  above  apportionment  was 
made,  was  carefully  computed,  at  the  time,  to  be  £180,563,  9s.  Igd.,  and,  of  the  5,500 
men  voted  to  be  raised  1)y  this  province,  4,!)G4  actually  took  the  tiekl. 

"  June  18,  17G0.  The  Committee  are  further  of  Opinion,  that  some  proper  persons 
be  appointed  and  directed  to  prepare  an  Account,  or  Estimate  of  the  Charges  in- 
curred by  this  Province,  in  the  last  years  Expedition  against  Canada  and  particu- 
larly of  the  Charge  occasioned  by  the  Detention  of  the  Provincials  at  Louisbourg, 
and  Nova  Scotia  after  the  last  years  Campaign  was  over.  As  also  of  the  sums  ad- 
vanced out  of  the  Province  Treasury,  for  payment  of  those  of  this  Pro^■ince  that 
were  employed  for  manning  his  INIajesty's  Ships  of  War,  That  an  Estimate  l)e 
made  of  the'Expence  arisen  to  this  Province,  on  Account  of  the  French  Inhabitants 
of  Nova  Scotia,  which  have  been  sent  hither,  and  been  supported  in  great  measure 
at  the  Publick  Charge.  And  Whereas  a  Petition  was  sometime  since  presented  to 
his  Majesty  in  Council,  by  the  Agent  for.this  Province,  Setting  forth  that  divers 
Cannon,  Mortars,  and  some  Stores,  which  were  taken  from  Castle  William,  and 
used  in  his  Majesty's  Service,  at  Oswego  or  on  the  Crown  Point  Expedition,  vv^ere 
not  returned,  that  others  of  the  Cannon  at  Castle  William  were  defective,  and  not 
to  be  depended  on,  and  that  for  the  proper  strength  of  the  Place,  a  greater  Number 
of  the  larger  Cannon  was  requisite,  and  there  upon  prayed,  that  the  Cannon  and 
Stores  thence  taken  might  be  replaced,  and  such  a  Supply  of  Cannon  and  stores 
might  be  granted  for  Strengthening  the  said  Castle,  as  to  his  Majesty  should  seem 
meet  which  Petition  is  still  depending— The  Committee  are  therefore  of  Opinion 
that  a  Plan  of  that  Fortress,  and  an  Account  of  the  Ordnance  there  be  prejxired, 
and  that  the  Commander  in  Chief  of  the  Province,  be  desired  to  give  Orders  there- 
for, that  so  the  same  together  with  the  Accounts  and  Estimates  beforementioned, 
may  be  forthwith  transmitted  to  M^  Agent  Bollan,  to  enable  him  the  better  Sollicit 
and  transact  the  Affairs  of  the  Province  in  Great  Britain;  and  that  Instructions  be 
given  him  accordingly. 

Which  is  humbly  Submitted. 

<^'  Samuel  Danforth  ^'  order. 

In  Council  PUd  and  Accepted,  and  John  Osborne  and  James  Bowdoin  Esquires 
with  such  as  the  Honourable  House  shall  appoint  be  a  Committee  to  prepare  the 
Accounts  and  Instructions  referred  to,  in  said  Report,  and  report, 

In  the  House  of  Representatives  Read  and  Concurred  and  M^"  Welles,  M^  Russell, 
and  M'"  Flucker  are  joined  in  the  Affair.  And  the  Committee  are  directed  to  sit 
forthwith,  and  report  as  soon  as  may.lte.    In  Council  Read  and  Concurred. 

In  Council,  Ordered  that  Samuel  Watts  Esq""  be  of  the  Committee  in  the  room  of 
John  Osborne  Esq^'  who  is  engaged  on  another  Committee  for  a  Publick  Service. 

In  the  House  of  Representatives;  Read  and  Concurred."— C'o2<)2C«7  Records,  vol. 

XXIII.,  p-^^^- 

"  June  !'.•,  1760.  In  the  House  of  Representatives— Whereas  this  Court  have  ap- 
pointed a  Committee  to  prepare  and  liquidate  the  Accounts,  and  other  Papers, 
proper  to  be  sent  to  M""  Agent  Bollan,  and  make  report  to  this  Court;  but  as  its 
probable  said  Committee  will  not  bo  able  to  make  report  in  the  present  Session,  and 
it  being  necessary  that  some  of  said  Accompts,  and  otlier  Papers  should  be  immedi- 
ately sent— Therefore  Voted  that  his  Honor  the  Lieutenant  Governor  be  desired  to 
employ  some  suitable  Person  to  prepare,  and  liquidate  such  Accounts  as  are  neces- 
sary to  lie  immediately  sent  to  M""  Agent  Bollan,  and  that  when  said  Accounts  are 
ready,  his  Honour  be  desired  to  direct  the  Secretary  to  forward  them,  together  with 
the  other  necessary  Papers  for  his  Majesty's  Service. 

An(l  Whereas  it  has  been  necessary  for  his  Majesty's  Service  that  the  Troops  of 
this  Province  employed  the  last  Year  at  Louisbourg,  and  Nova  Scotia  (whoso  time 
of  Service  expired  the  first  of  Noveral)er  last)  should  continue  there,  and  accord- 
ingly have  continued  there  during  the  Winter,  and  Spring  past,  which  has  occa- 
sioned a  very  heavy  and  unexpected  Charge  upon  the  Province,  which  it  is  rea- 
sonable should  be  whoUv  reimbursed  out  of  the  last  Parliamentary  Grant  to  the 


[Notes.]  Peovince  Laws. — 1762-63.  631 

Colonies— Voted  that  his  Honour  he  desired  to  canse  an  Account  of  such  Cliarge  to 
be  prejiared,  Seperate  from  the  other  Accounts  aforesaid  and  transmit  tlie  same 
to  Mr  Bollan,  in  order  that  he  may  Sollicit  Payment  for  tlie  whole  of  such  Extra 
Charge  out  of  the  Parliamentary  Grant  aforesaid,  before  any  part  of  said  Grant  be 
apptirtioned  among  the  Colonies  aforesaid. 

In  Council;  Read  and  Concurred  Consented  to  by  the  Lieutenant  Governor." — 
Ibid.,  p.  i(i2. 

"  June  4,  17G2.  The  Secretary  delivered  the  following  Message  from  his  Excel- 
lency the  Governor  to  the  two  Houses  respectively  viz' 

Gentlemen  of  the  Council  and  Gentlemen  of  the  House  of  Representatives, 

I  must  remind  You,  that  before  you  rise.  You  should  take  order  for  the  return  of 
the  money  grauted  by  Parliament  for  the  Services  of  this  Province  for  the  Year  1760, 
into  the  Treasury. 

Above  a  Year  ago  I  explained  to  the  General  Court  then  sitting  the  advantage  of 
drawing  for  their  money  rather  than  having  it  remitted  in  Specie :  This  advantage 
was  great  then,  but  it  is  doubled  now;  and  will  be  very  considerable,  notwithstand- 
ing any  unpunctuallities  that  may  happen  in  the  payments  to  your  Agents. 

I  doiit  think  that  you  can  at  present  settle  the  whole  terms  of  this  business;  but 
you  may  enable  the  Treasurer  to  draw  for  the  money  when  certain  advices  of  its 
being  settled  shall  arrive. 

And  that  there  may  be  no  occasion  to  call  you  together  again  for  this  purpose  only, 
you  may  now  appoint  a  small  Committee  tcassist  the  Treasurer  in  fixing  the  Pre- 
mium and  other  Conditions  of  the  Bills  he  shall  draw. 

Fra  Bernakd." — Ibid., 
vol.  XXir.,  11.  404. 

Chap.  11.  "  June  3,  1702.  In  Council,  It  being  represented  to  the  Board  that  the 
time  allowed  the  Managers  of  the  Lottery  for  finishing  the  Land  Bank  or  Manufac- 
tory Sclieme  is  expired;  and  that  they  have  a  number  of  Tickets  l)y  them  unsold, 
which  they  cannot  dispose  of,  or  finish  the  Class  they  are  now  upon  without  the 
further  Aiil  of  this  Court.  Wherefore  Voted  That  all  the  Power  of  the  said  INIana- 
gers  that  they  had  by  Law  for  llnishing  said  Scheme  be  revived  and  continued  for 
the  space  of  three  Months  longer  from  this  date.  In  the  House  of  Representatives 
Read  and  Concurred." — Council  Ii<'rordt<,  vol.  XXIV.,  p.  398. 

'"  Sept.  9,  17&2.  A  Petition  of  Joshua  Henshw  Esqi"  and  others  Mangers  of  the 
Land  Bank  Lottery,  Setting  forth.  That  they  have  agreed  to  begin  the  drawing  of 
the  Third  Class  in'tlie  said  Lottery  on  the  10'i»  current  and  have  given  public  notice 
accordingly;  but  that  they  have  upwards  of  1300  Tickets  unsold,  which  is  700  more 
than  they  are  impowered  by  Law  to  place  to  the  Company's  Account,  And  Praying 
th(!  Order  of  this  Court  thereupon. — 

In  the  House  of  Representatives,  In  answer  to  the  Memorial  of  Joshua  Henshaw 
Esq''  and  Others  Managers  of  the  Lottery  for  drawing  in  the  Bills  of  the  late  Land 
Bank  Companv. 

Voted  and  O'rdered  That  the  drawing  of  the  said  Class  in  said  Lottery  be  and 
hereby  is  postponed  and  put  off  until  Tuesday  the  28"!  day  of  September  current  and 
no  longer.  And  that  the  said  jNIanagers  in  the  mean  time  use  their  best  endeavours 
to  dispose  of  the  remaining  Tickets,  and  what  remains  unsold  between  this  time 
and  the  compleating  the  drawing  of  said  Class  shall  be  at  the  risque  of  said  Com- 
pany, they  to  have  the  benefit  of  the  Prizes  arising  on  such  remaining  Tickets,  and 
to  sustain  the  Loss  that  may  happen  by  them.  And  the  Commissioners  for  finish- 
ing said  Company's  Affairs,  in  case  of  the  Loss  upon  the  Tickets  so  placed  to  the 
Company's  risque  should  exceed  the  Profits  of  said  Lottery,  shall  and  hereby  are 
impowered  to  hire  the  money  on  Interest  to  defrey  such  deficiency  and  to  enable 
the  Managers  to  pay  off  the  benefit  Tickets,  and  are  also  impowered  and  hereby 
directed  to  assess  the  Partners  of  said  Company  for  the  sum  so  deficient.  In  Coun- 
cil Read  and  Concurred  Consented  to  by  the  Governor."— 16 icZ.,  p.  400. 

Chap.  12.  "  Jan.  18,  1763.  A  Petition  of  Elkanah  Paine  and  Others  a  Committee  i 
of  the  Town  of  Trurow,  Setting  forth.  That  since  the  valuation  taken  the  last  year 
there  has  been  great  damage'done  by  the  Frosts  &  high  winds  the  last  Winter, 
whereby  the  best  of  their  Lands,  Meadows  and  Beaches  have  been  overwhelmed 
with  the  Sands  some  parts  of  which  are  buried  more  than  eighteen  inches  there- 
wifh, —  And  Praying  to  be  relieved  in  their  Taxes. 

In  the  House  of  Representatives  Read  again  and  in  Answer  to  this  Petition  Or- 
dered, That  the  sum  of  Eight  pounds  be  annually  paid  to  the  said  Town  of  Truro 
out  of  the  Public  Treasury  until  the  next  valuation  through  the  Province  to  enable 
them  to  keep  their  Beeches  and  extraordinary  Fences  in  repair,  and  to  enable  them 
to  pay  tlieir  Province  Tax.  In  Council  Read'and  Concurred.  Consented  to  by  the 
Governor."— t'ownc!'/  Records,  vol.  XXIV.,  p.  501. 

"  Jan.  20,  17G3.  A  Petition  of  Samuel  Morse  in  behalf  of  the  Selectmen  of  Natick, 
Setting  forth,  Tliat  after  the  last  valuation,  the  General  Court  was  pleased  to  set  off 
near  one  fourth  part  of  the  Polls  and  Estates  of  Natick  and  annex  them  to  Need- 
ham:  and  as  the  Province  Tax  for  1701  was  apportioned  by  the  said  valuation  the 
General  Court  ordered  that  the  sum  of  £21,  9,  8|  should  be  abated  to  Natick,  and 
added  to  the  Town  of  Needham— Praying  that  the  like  order  may  take  place  for  the 
year  1702. 

In  the  House  of  Representatives;  Ordered  That  the  sum  of  twenty  one  pounds, 
nine  shillings  and  eight  pence  one  farthing  be  taken  from  the  Tax  laid  on  the  Par- 
ish of  Natick  for  the  year  17(52  and  added  to  the  Town  of  Needhain,  and  that  the 
Assessors  of  Needham  be  directed  to  assess  said  sum  accordingly— In  Council  Read 
and  Concurred    Consented  to  by  the  Governor."— /&icZ.,  p.  508. 


632  ^  Province  Laws. — 1762-63.  [Notes.] 

"  Feb.  16, 1703.  A  Petition  of  Abiel  Terry  and  Others,  Assessors  of  the  Town  of 
Freetown  Setting  forth,  That  in  making  their  Assessment  for  the  Year  17()2,  one 
Ammi  Chase  was  omitted,  and  the  Rate  Bill  was  committed  to  one  John  Hathaway  a 
Constable  in  said  Town  before  the  mistake  was  found,  and  he  refuses  to  deliver  the 
same  back,  that  the  mistake  aforesaid  may  be  rectified  And  as  there  is  danger  of 
some  difficulties  arising  in  collecting  the  Taxes,  Praying  that  the  said  Assessment 
may  be  confirmed,  and  that  they  may  be  impowered  to  assess  the  said  Ammi  Chase 
what  his  proportion  of  the  said  Tax  would  have  been,  and  that  the  same  may  be  paid 
into  the  Town  Treasury  to  defrey  the  charge  of  said  Town,  whereby  every  person 
therein  will  have  their  proportionable  part  of  the  benefit  of  said  Chases  Tax. 

In  the  House  of  Representatives  Read  and  Resolved  That  the  Prayer  of  the  Peti- 
tion of  the  Assessors  of  the  Town  of  Freetown  be  granted,  and  they  be  and  are 
hereby  impowered  to  assess  the  Polls  and  Estate  of  Ammi  Chase  by  the  same  Rules 
and  in  the  same  proportion  as  the  other  Inhabitants  of  that  Town  are  assessed  in 
the  last  years  assessment,  and  that  the  money  arising  thereby  be  paid  into  the 
Town  Treasurer  for  the  use  of  said  Town;  and  that  the  assessment  made  on  said 
Town  for  the  last  year  be  as  good  &  valid  to  all  intents  and  purposes  as  tlio  the 
mistake  or  omission  as  mentioned  in  their  Petition  had  never  happened.  In  Coun- 
cil Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  591. 

"May  31,  1763.  A  Petition  of  Fellows  Billings  Representative  of  the  Town  of 
Sunderland— Pray mg  that  the  Province  Treasurer  may  be  directed  to  repay  the 
sum  of  ten  Pounds,  a  Fine  laid  upon  the  Town  of  Sunderland  and  District  of  Mon- 
tague for  not  sending  a  Representative  to  Court  ye  last  year,  their  Numbers  being 
small  and  their  Public  Charges  having  been  A'ery  great;  besides  which  they  have 
had  the  misfortune  to  have  two  School  Houses  consumed  by  Fire. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  prayer  of  the  peti- 
tion be  granted.  And  the  Petitioner  is  allowed  to  receive  out  of  the  Public  Treasury 
the  Sum  of  Ten  Pounds  for  the  use  of  the  Town  of  Sunderland  and  Montague  ac- 
cordingly. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  vol. 
XXV.,  p.  16. 

"  May  31,  1763.  To  Mr.  Fellows  Billing  for  the  use  of  the  Towns  of  Sunderland 
and  Montague  the  sum  of  Ten  pounds  Allowed  by  the  General  Court  as  an  Abate- 
ment of  the  Fine  laid  on  them  for  not  sending  a  Representative  to  the  General 
Court  in  1762,  they  being  Poor  and  at  a  great  expence  as  mentioned  in  their  Peti- 
tion."— Executive  Records  of  the  Council,  vol.  5,  p.  2t9. 

"  June  1, 1763.  A  Petition  of  John  Jones  Esqi"  Representative  of  Hopkinston  and 
in  behalf  of  said  Town.  Praying  That  in  consideration  of  some  peculiar  burdens  they 
lye  under,  a  fine  of  £9,15,6,  imposed  on  them  by  the  Court  for  not  sending  a  Repre- 
sentative to  the  General  Court  may  be  remitted. 

In  the  House  of  Representatives  Read  and  Ordered  that  the  Prayer  of  the  Peti- 
tion be  granted.  And  that  the  Sum  of  Nine  Pounds  fifteen  Shillings  and  five  pence 
be  granted  out  of  the  public  Treasury  To  John  Jones  Esqi"  for  the  use  of  the  Town 
of  Hopkinston  accordingly. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— Cownc27  Rec- 
ords, vol.  XXV.,  p.  20. 

"  June  1,  1763.  To  John  Jones  Esq""  for  the  use  of  the  Town  of  Hopkinston  the 
sum  of  nine  pounds  fifteen  shillings  and  five  pence,  allowed  by  the  General  Court 
as  an  Abatement  of  the  Fine  laid  on  them  for  not  sending  a  Representative  to  the 
General  Court  in  the  year  1762,  they  being  poor  and  at  great  expence  as  mentioned 
in  his  Petition." — Executive  Records  of  the  Covncil,  vol.  5,  p.  250. 

"  Jan.  30,  1764.  A  Petition  of  Ezra  Whittlesey  of  Stockbridge— Setting  fortli  That 
being  chosen  a  Constable  in  the  Year  1762,  the  Assessors  made  their  list  of  Assess- 
ment, and  committed  the  same  to  him  to  collect,  but  neglected  to  sign  the  said  List, 
which  being  discovered  by  sundry  persons  assessed  thereon,  they  refuse  payment, 
And  Praying  that  the  assessors  for  that  year  may  be  impowered  to  perfect  their 
List,  or  tiiat  it  may  be  otherwise  declared  valid. 

In  the  House  of  Representatives,  Resolved  That  the  assessors  of  the  Town  of 
Stockbridge  for  the  year  1762  or  the  Major  part  of  tliem  be  impowered  and  directed 
as  soon  as  may  be  to  sign  and  compleat  the  List  of  Assessment  of  the  Province  Tax 
committed  to  the  Memorialist  without  being  perfected  and  that  the  said  List  so 
signed  be  good  and  valid  to  all  intents  and  purposes.  And  that  the  Memorialist  be 
and  is  hereby  directed  to  finish  his  Collection  of  the  remainder  of  said  List,  and  ac- 
count with  the  Treasurer  as  soon  as  may  be. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Council  Rec- 
ords, vol.  XXV.,  p.  171. 

"  June  4,  1764.  A  Memorial  of  John  Stewart  of  Scarborough  in  behalf  of  the  said 
Town— Setting  forth  That  a  Fine  was  imposed  on  the  said  Town  of  Fifteen  pounds 
for  not  sending  a  Representative  in  the  Year  1762.  That  a  Fire  happened  in  the 
said  Year  whereby  many  Houses  were  burnt,  and  also  a  Bridge  by  means  whereof, 
and  of  tlie  drought  that  Year,  they  were  greatly  impoverished.  And  Praying  that 
the  said  Fine  may  be  remitted. 

In  the  House  of  Representatives;  Read  and  Ordered  That  the  Prayer  of  this  Peti- 
tion be  granted,  and  the  Petitioner  is  allowed  to  receive  the  Sum  of  Fifteen  pounds 
■  out  of  the  Public  Treasury  for  the  use  of  said  Town  accordingly. 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  214. 

"Nov.  1,  1764.  A  Petition  of  Joseph  Woodman  and  Others,  Inhabitants  of  Nar- 
raganset  N^  one  in  the  County  of  York— Setting  forth— That  being  a  Frontier  Set- 
tlement, they  were  obliged  till  the  Reduction  of  Quebec  in  1759  to  keep  Watch  and 
Ward;  that  having  since  had  two  years  of  great  drought  and  scarcity,  thcjy  were 
almost  reduced  to  Famine  thereby ;  in  addition  to  which  in  the  year  1762,  a  desolat- 


[Notes.]  Province  Laws. — 1762-63.  633 

ing  Fire  ravajrecl  their  Improvements,  and  hnrnt  several  of  their  Dwellings;  in 
which  year  a  Tax  of  £44,7,(5,  was  laid  on  them,  which  they  are  unable  to  pay,  as 
many  of  tlie  Inhabitants  were  reduced  to  Penurj',  and  obliged  to  remove  elsewhere. 
And  Praying  that  the  said  Tax  may  be  remitted. 

In  the  Iloiise  of  Representatives:  Read  ai.d  Resolved  that  the  Prayer  of  this  Pe- 
tition be  granted  by  remitting  the  Tax  of  Forty  four  pounds,  seven  shillings  and  six 
pence  laid  on  Narraganset  Township  Number  one  in  the  Year  17G2  and  that  the 
Treasurer  be  directed  to  stay  the  Execution  gone  forth  against  them  therefor. 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  310. 

"  Sept.  27,  1765.  A  Petition  of  Jolin  Stuart  Representative  of  the  Town  of  Scar- 
borough Setting  forth — That  one  George  Lebby  Constable  of  the  s<i  Town  was 
employed  in  the  year  1762  to  collec^t  the  Taxes  laid  upon  said  Town  that  he  had 
collected  jiart,  but  not  having  collected  the  whole  in  Season  an  Execution  was 
issued  from  the  Province  Treasurer,  whereiipon  he  absconded,  and  the  Town  not 
being  impowered  by  Law  to  appoint  any  other  person  to  that  ofHce;  praying  that 
they  be  enabled  to  impower  some  person  to  collect  the  Taxes  that  remain  due. 

In  the  House  of  Re]iresentatives.  Resolved  that  the  prayer  of  this  Petition  be 
granted;  and  that  the  Town  of  Scarborough  be  and  is  hereby  fully  authorised  and 
imjiov/ered  at  a  Town  Meeting  called  for  that  purpose  to  choose  a  suitable  person 
to  collect  the  outstanding  Taxes  that  are  borne  on  the  Tax  Bills  committed  to 
George  Lebby  to  collect  in  the  year  1762,  who  has  absconded  and  not  compleated  his 
Collections,  and  the  person  so  chosen  shall  be  vested  with  all  the  powers  and 
authorities  to  collect  the  same  that  the  Collectors  of  Taxes  by  Law  are  vested 
withal,  and  is  hereby  directed  and  required  to  pay  in  his  Collections  to  the  respec- 
tive Treasnrers  to  whom  the  same  are  payable,  and  finish  his  Collections  and  settle 
his  accounts  with  them  by  the  last  day  of  March  next;  and  that  the  said  Treasurers 
are  hereby  directed  not  to  issue  their  Executions  in  the  mean  time.  In  Council, 
Read  and  Concurred.    Consented  to  by  the  Governor." — Ibid.,  vol.  XXVI., p.  78. 

See,  also,  note,  under  date  of  June  8,  1764,  to  acts  of  1763-4,  chap.  10,  post. 

Chap.  15.    See  notes  to  1763-64,  chap.  10,  post. 

Chap.  17.  "Dec.  28,  1763.  The  following  Order  passed  upon  the  Memorial  of 
Joseph  Williams  Esq""  and  others,  a  Committee  of  the  Proprietors  of  a  New  Town- 
ship Commonly  called  Roxbury  or  Gardners  Canada,  now  known  by  the  name  of 
Warwick  viz' 

In  the  Plouse  of  Representatives  Ordered  that  the  Prayer  of  the  Petition  be 
granted,  and  that  the  eleven  hundred  and  ninety  nine  Acres  of  Province  Land 
already  incorporated  into  said  Town  of  Warwick,  be  and  hereby  is  given  and  con- 
firmed unto  the  Present  Proprietors  of  said  Roxbury  or  Gardners  Canada,  to  be  to 
them  their  heirs  and  Assigns  forever,  in  Order  to  make  good  what  was  taken  off  by 
the  Government  Line,  and  other  deficiencies  in  the  Petition  mentioned. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Council  i?ec- 
ords,  vol.  XXV.,  p.  103. 

Chap.  19.  "  Feb.  23, 1762.  A  Petition  of  William  Torrey  and  Others,  Bakers  of 
the  Town  of  Boston— Setting  forth  That  the  Wheat  imported  into  this  Province  is 
light  grain,  generally  weighing  but  from  fifty  to  fifty  five  pounds  <|^  bushell,  the 
heaviest  and  best  of  the  Wheat  being  boulted  into  Flour  in  the  Southern  Govern- 
ments, and  that  for  want  of  a  standard  being  fixed  hero  for  the  weight  of  Merchant- 
able Wheat,  the  Petitioners  and  other  Inhabitants  of  the  Province  are  exposed  to 
great  Loss,  Further  Setting  forth  the  utility  of  the  Millers  being  obliged  to  furnish 
themselves  with  Screens  for  the  well  cleansing  of  Grain  before  it  is  Ground,  for 
want  of  which  the  meal  often  comes  out  gritty,  And  Praying  that  some  proper  Reg- 
ulations may  be  made  for  remedying  the  mischiefs  abovementioned. 

In  Council  Read  and  Ordered  That  the  Petitioners  have  leave  to  bring  in  a  Bill 
for  the  purposes  in  their  Petition  mentioned.  In  the  House  of  Representatives; 
Read  and  Concurred." — Council  Records,  vol.  XXIV.,  p.  286. 

Chap.  20.  "  Jan.  2G,  1763.  According  to  agreement  the  two  Houses  proceeded  to 
the  choice  of  Civil  Officers  for  the  present  Year  when  James  Russell  Esq''  was 
chosen  Commissioner  of  Impost  by  a  major  part  of  the  Council  and  House  of  Rep- 
resentatives.   Consented  to  by  the  Governor." — Council  Records,  vol.  XXIV.,  p.  522. 

diap.  21.    "  There's  a  Bill  to  continue  a  former  Lottery  Bill  to  raise  the  additional 
sum  of  225  pounds  sterling  for  building  a  bridge;  the  Commissioners  advanced  the 
money  out  of  their  own  pocket  and  the  sum  is  so  trifling  that  I  jiresume  it  needs  no 
Ai^ology."— (?ow.  Bernard  to  Lords  of  Trade,  April  29, 1763:  "Mass.  Bay,  B.  T.,"  vol.   i 
78,  L.  'l.  55,  in  Public-Record  Office.  ' 

Chap.  22,  "  Jan.  21, 1763.  A  Petition  of  Walter  Spooner  of  Dartmouth— Setting 
forth  That  some  Injustice  is  like  to  be  done  to  the  Town  of  Chilmark  by  a  strict 
adherence  to  the  Tax  Act,  if  the  Stock  kept  upon  the  Elisabeth  Islands  lying  in 
said  Township,  should  be  rateil  according  to  the  rules  therein  i:)rescribed,  as  many 
of  the  Owners  of  such  Stock  live  in  the  Town  of  Dartmouth.  And  Praying  the 
direction  of  this  Court  in  that  matter. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Assessors  of  the 
Town  of  Dartmouth,  and  the  Assessors  of  the  Town  of  Chilmark  be,  and  hereby 
are  directed  in  apportioning  their  Public  Taxes  to  have  i-egard  to  such  Creatures 
only  as  are  liable  to  be  taxed  by  Law,  and  as  are  commonly  kept  by  the  Owners  or 
Occupauts  within  the  respective  Towns  aforesaid  and  the  Appendages  thereof  viz' 


634  Peovince  Laws. — 1762-63.  [Notes.] 

That  the  said  Assessors  of  Dartmouth  shall  assess  all  those  Creatures  found  and 
usually  kept  within  the  Bounds  of  said  Township  to  their  respective  Owners  or 
Occupants  pursuant  to  Law,  and  the  Assessors  of  Chilmark  shall  also  assess  all 
such  Creatures  found  &  usually  kept  within  the  Town  of  Chilmark  and  its  Append- 
ages to  tlie  respective  Owner  or  Occupants  any  former  Act  or  Order  to  the  contrary 
notwithstanding.  In  Council  Kead  and  Concurred." — Council  Records,  vol.  XXIV., 
p.  511. 

Chap.  23.  "  Sept.  17,  1762.  In  Council  Voted,  That  William  Brattle  and  James 
Bowdoin  Esq^s  with  such  as  the  honorable  House  shall  join  be  a  Committee  to  pro- 
ject some  more  effectual  methods  for  preventing  damage  to  the  Houses  and  other 
Estate  within  tlie  several  Towns  of  the  Province  by  Bonfires,  throwing  of  Squibs 
and  Rockets  and  other  Fireworks. 

In  the  House  of  Representatives;  Read  and  Concurred  and  Col"  Phillips,  M"" 
Tyler  and  M^  Otis  are  joined  in  tlie  affair." — Council  Records,  vol.  XXIV.,  p.  478. 

"  Feb.  1,  ITB:?.  In  Council  Voted  That  Thomas  Flucker  and  James  Otis  Esq''' 
with  such  as  the  honourable  House  shall  join  be  a  Committee  to.  revise  the  tempo- 
rary Laws  that  are  expired  or  near  expiring,  and  to  bring  in  a  Bill  for  reviving  and 
continuing  the  same  In  the  House  of  Representatives  Read  and  Nonconcurred." 
—Ibid.,  p.54tO. 

"  The  Act  for  contimtinr/  crpirinrj  Laics  is  the  same  with  many  others  which  have 
been  before  approved.  This  legislature  deals  so  much  in  temporary  Laws  that  it  is 
become  necessary  to  include  many  of  them  in  one  Act  of  continuation  to  avoid  the 
immense  multiplication  of  paper  and  parchment  which  would  otherwise  follow, 
And  as  all  these  Acts  have  separately  received  his  Majesty's  approbation  I  appre- 
hend that  there  can  be  no  inconvenience  arise  from  their  being  continued  by  one 
Act." — Gov.  Bernard  to  Lords  of  Trade,  April  29,  1703:  "Mass.  Bay,  B.  T.,"  vol.  78,  L. 
L,  55,  in  Public-Record  Office. 

Chap.  24.  "  Feb.  9,  17G3.  In  Council  Ordered  That  James  Otis  Esi]''  with  such  as 
the  honorable  House  shall  join  be  a  Committee  to  jjrepare  a  Bill  to  oblige  the  Regis- 
ters of  the  Court  of  Probate  and  the  Clerks  of  the  Superior  Court  and  Courts  of  Ses- 
sion in  the  several  Counties  in  the  Province  to  give  security  for  the  faithful  dis- 
charge of  the  duties  of  their  several  Offices,  and  that  the  Committee  be  instructed  to 
project  some  method  to  prevent  unnecessary  Copies  being  taken  out  of  the  Clerks 
Offices  in  tlie  several  Courts  thru  the  Province.— In  the  House  of  Representatives 
Read  and  Concurred  and  Capt  Livermore  and  Major  Morey  are  joined  in  the  Af- 
fair."— Council  Records,  vol.  XXIV.,  p.  5G0. 

See,  also,  17G3-G4,  chap.  12,  i^ost,  and  note. 

Chap.  25.  "  Dec.  23,  1760.  The  Secretary  by  order  of  his  Excellency  the  Govern- 
or delivered  the  following  Message  to  the  two  Hoiises  respectively  viz' 

Gentlemen  of  tlie  Council,  and  Gentlemen  of  the  House  of  Representatives, 

A  Representation  and  Complaint,  having  been  made  to  the  Commissioners  of  the 
Society,  for  propagating  the  Gospel  in  New  England,  and  parts  adjacent  in  America, 
in  behalf  of  a  Number  of  Indians  at  Martha's  Vineyard,  that  a  great  part  of  the 
Lands  which  were  given  by  one  of  their  Sachems  in  1670 — to  the  Praying  Indians, 
so  Called)  forever,  has  been  Alienated  to  the  English — The  said  Commissioners 
have  made  application  to  lue,  to  recommend  it  to  the  General  Court  to  emiuire  into 
the  Facts,  that  if  it  should  appear,  that  the  said  Indians  have  been  wronged,  they 
may  meet  with  that  Relief  which  to  Justice  appertains. 

The  state  of  the  Case  is  herewith  laid  before  you:  a  Law  Suit  must  be  very  expen- 
sive to  the  Parties  on  both  sides;  and  as  the  Government  are  the  natural  Guardians 
of  the  Indians,  and  must  by  Virtue  of  the  several  Laws  they  have  made  relative  to 
them,  be  looked  upon  to  be  their  Guai'dians  in  fact,  it  will  be  most  ]iro]icr  for  them 
to  take  Cognizance  of  this  Complaint;  and  I  acconlingly  recommend  it  to  you,  to 
make  a  strict  Enquiry  into  the  Truth  of  the  Facts  suggested  in  said  Complaint,  and 
'  to  take  such  Order  in  the  Case,  as  shall  be  judged  requisite. 

Fka:  Bernard. "— 
Council  Records,  vol.  XXIII.,  p.  524. 

' '  Dec.  23, 1760.  In  tlie  House  of  Representatives,  Voted  that  ISIr  Welles  M""  Foster, 
and  Colo.Choate,  with  such  as  the  honourable  Board  shall  join  be  a  Committee  on 
the  Governors  INIessage  of  the  22'i  Instant,  respecting  Indians  at  Martha's  Vineyard, 
and  report  thereon.  In  Council  Read  and  Concurred;  and  William  Brattle  and 
Thomas  Hubbard  Esq''^  are  joined  in  the  Affair." — Ibid.,  p.  526. 

"  March  27,  17(!1.  The  Committee  appointed  on  his  Excellency's  Message  of  22'1 
December  last  relating  to  some  Injuries  said  to  be  done  to  the  Indians  at  Martha's 
Vineyard — Reported  as  follows.  The  Committee  have  attended  the  above  Service 
and  report  that  in  their  Opinion  it  is  highly  necessary  that  a  Committee  of  this 
Court  be  appointed  to  go  upon  the  Spot,  fully  to  enquire  into  facts  and  make  report. 

(Signed)     W"  Brittle  ^  order 

In  the  House  of  Representatives  read  and  accepted,  and  ordered  that  M''  Foster 
and  Mr  Howard  with  such  as  the  honourable  Board  shall  appoint  be  a  Committee 
for  the  purposes  mentioned.  In  Council  Read  and  Concurred  and  William  Brattle 
Esqr  is  joined  in  the  Affair."— //)/c?.,  p.  ()G8. 

"  Jan.  25,  1762.  In  Council,  The  Committee  appointed  the  27:  March  last  in  con- 
sequence of  bis  Excellency's  Message  of  21'^  December  1760,  to  repair  to  Martha's 
Vineyard  and  inquire  into  the  complaints  of  the  Indians  respecting  some  Lands 
given  to  the  Praying  Indians  (so  called)  of  the  said  place  reported  according  to 
order. 

In  Council  Read  and  acceiited  and  thereupon  Ordered  That  William  Brattle  Esq' 


[Notes.]  Peovince  Laws.— 1762-G3.  635 

with  snch  as  the  honourable  House  shall  join  be  a  Committee  to  receive  the  Deeds, 
settle  and  run  the  Lines  as  proposed  in  the  said  Report,  that  so  an  Act  may  pass 
confirming  to  the  Englisli  Purchasers  and  their  lieirs  the  remaining  Tracts  of  Land 
in  Christian  Town  purcliased  of  the  Indians  by  deeds  recorded  in  the  Records  of 
Deeds  for  the  County  of  Dulces  County  at  any  time  before  the  2'J<1  August  17G1.  The 
said  Purchasers  or  tlieir  heirs  to  pay  tlie  Cost  thereof.  In  the  House  of  Representa- 
tives Read  and  Concurred  and  Tliomas  Foster  and  Daniel  Howard  Esq''^  are  joined 
in  the  Affair.— Ibid.,  vol.  XXIV.,  p.  197. 

"  Feb.  15,  17GI3,  The  following  Report  was  offered  by  a  Committee  of  both  Houses 
A'iz' 

The  Committee  appointed  the  25*  of  January  17G2  have  attended  the  Services 
assigned  them,  have  been  to  Christian  Town  so  called  .<ipon  the  Island  of  Martlia's 
Vineyard,  have  settled  and  run  tlie  Lines  as  proposed  in  the  Report  of  the  Commit- 
tee appointed  in  consequence  of  Iiis  Excellency's  Message  to  inquire  into  the  Com- 
plaints of  the  Indians  respecting  some  Lands  given  to  the  Praying  Indians  so  called 
and  have  received  the  deed  referred  to  in  said  Report,  and  is  herewitli  exhibited 
and  apprehend  that  an  Act  ought  to  pass  this  Court  confirming  to  the  English  Pur- 
chasers and  their  heirs  sundry  Tracts  of  land  in  said  Christian  Town  as  by  said 
Report  referrence  thereto  more  fully  will  appear. 

(Signed)    W.  Brattle  ^  Order 

In  Council  Read  and  Accepted;  And  Ordered  That  William  Brattle  Esq''  with 
such  as  the  honorable  House  shall  join  be  a  Committee  to  prepare  a  Bill  for  the  pur- 
poses therein  mentioned  and  tliat  the  Secretary  cause  the  Deed  hercnvith  preseuted 
to  be  recorded  in  the  Book  of  Laws  in  his  Office.  In  the  House  of  Representatives; 
Read  and  Concurred  and  Cap'  Livermore  and  ^I''  Foster  of  Plymouth  are  joined  in 
the  Affair." — Ibid.,  p.  585. 

Chap.  26.  "  Feb.  11,  176.".  A  Petition  of  Edward  Wing  of  Sandwich— Setting  forth 
that  Elisha  Bourn  of  Sandwich,  Clerk  of  the  military  Company  there,  recovered 
Judgment  against  tlie  Petitioner  at  the  Inferior  Court  held  at  Barnstable  in  May 
1757,  for  £20  debt  and  £1,18, (J  costs  for  not  attending  a  military  muster,  and  Execu- 
tion was  levyed  on  his  Estate  viz'  Six  acres  and  oO  rods  of  Land  which  he  purchased 
not  many  years  since  at  the  rate  of  £11,17,4  \^  acre,  which  Land  the  said  Elisha 
Bourn  afterwards  sold  to  one  Lot  Nye,  who  now  claims  the  same.  That  the  Pet""  is 
one  of  the  Peoj)le  called  Quakers,  and  his  non  attendance  on  the  military  muster 
aforesaid  was  occasioned  Solely  by  Scruples  of  conscience  and  did  not  proceed  from  ^ 
obstinacy  and  Contemjit,  and  tliat  the  Execution  was  levyed  after  the  Law  was 
repealed,  and  two  thirds  of  the  Fine  remitted,  and  Praying  Relief. 

In  the  House  of  Representatives;  Read  and  Ordered  that  Mr  Tyler  Col"  Gerrish 
and  Major  Humphry  with  such  as  the  lion'''''  Board  shall  appoint  be  a  committee  to 
take  this  Petition  under  consideration  and  report  what  they  judge  proper  for  this 
Court  to  do  thereon. 

In  Council  Read  and  Concurred  and  William  Brattle  and  James  Bowdoin  Esq""' 
are  joined  in  the  affair,  (the  11"') 

The  Committee  on  the  foregoing  Petition  of  Edward  Wing  having  made  Report; 
the  same  was  read  in  Council  and  sent  down- 
In  the  House  of  Representatives  Read  and  so  far  accepted  as  that  it  be  recom- 
mended to  the  within  named  Lot  Nye  to  reconvey  the  Estate  herein  mentioned  to 
Edward  Wing  jun""  one  of  the  Petitioners,  the  said  Lot  first  receiving  the  money  he 
gave  for  said  Land  and  the  interest  tlicn^of  to  the  day  of  payment  from  the  day 
he  paid  it:  Otherwise  that  Elisha  Bourn  within  named  be  served  with  a  copy  of  this 
Petition  that  he  may  shew  cause  (if  any  he  hath)  on  the  second  Wednesday  of  the 
next  May  Session  why  the  Prayer  thereof  should  not  be  granted. 

In  Council  Read  and  Concurred.  Consented  to  by  the  Governor." — Council  Rec- 
ords, vol.  XXIV.,  p.  580. 

"  June  3,  1763.  A  Petition  of  Edward  Wing  Jun^  of  Sandwich,  one  of  the  People 
called  Quakers — Pi-aying  Releif  under  the  hardship  he  has  suffered  by  having  his 
Land  sold  to  discharge"  a  fine  laid  on  him  for  not  attending  military  musters,  as 
entered  the  11"^  and  12"i  Febr  last. 

In  Council  SO"'  May  1763.  Read  together  with  the  Answer  of  Elisha  Brown  and 
Lot  Lye  and  sent  down. 

In  the  House  of  Representatives  Read  again  together  with  the  Answer  of  Elisha 
Brown  and  Ordered  That  M''  Folger,  M""  Gardner  and  D'"  Smith  with  such  as  the 
hon'^ie  Board  shall  join  be  a  Committee  to  consider  this  Petition  and  Answer  and 
make  report. 

In  Council  Read  and  Concurred  and  William  Brattle  and  NatW  Sparliawk  Esq™ 
are  joined  in  the  Affair."— Ibid.,  vol.  XXV.,  p.  27. 

"Junes,  1763.  Upon  the  report  of  tlie  Committee  appointed  the  .3'1  Ins'  on  the 
Petition  of  Edward  Wing  and  the  answer  of  Elisha  Brown  thereto  the  following 
order  passed  Viz'  In  Council  Read  and  sent  down.  In  the  House  of  Representa- 
tives Read  and  tliereupon  Resolved  that  after  the  said  Elisha  and  Lot  in  the  Peti- 
tion named  have  ascertained  to  the  Governor  and  Comicil  the  costs  they  really  haA-e 
been  at  in  the  ]"irosecution  of  the  Action  tlicrein  mentioned,  and  the  consequent 
costs  tlierc'of  that  then  the  same  be  paid  out  of  tlie  Public  Treasury  to  tlie  Peti- 
tioner to  enable  him  to  obtain  the  recovery  of  his  Land  from  the  Respondents.  It 
appearing  by  their  answer  that  they  an^  willing  to  reconvey  upon  their  receipt  of 
said  cost  the  Land  mentioned  to  the  said  Petitioner  Edw'  Wing  juii'"  In  Council 
Read  and  Concurred     Consented  to  bv  the  Governor." — Ibid.,  p.  40. 

Fel>.  26,  1767.  A  Petition  of  Phineas  Lovet  Captain  of  the  INIilitary  Foot  Com- 
]iany  in  the  Town  of  Mendon— Setting  forth  That  in  the  years  1758  &  175.1  He  was 
by  a  Law  of  this  Province  obliged  to  raise  a  certain  number  of  Men  for  the  General 


636  Province  Laws.— 1762-63.  [Notes.] 

Service  of  tlie  "War:  that  the  Government  allowed  a  certain  Sum  as  a  honnty  to 
encourage  Men  to  inlist,  and  provided  that  in  case  a  sufficient  number  sliould  not 
inlist  by  a  certain  day,  there  should  l)e  an  impress  to  compleat  the  Quota  of  each 
Company;  &  in  case  there  should  be  any  of  the  peojile  called  Quakers  liable  to  bo 
impressed,  the  Cap'  of  the  Company  to  which  they  belonged  were  iuipowered  and 
required  to  employ  a  Sum  not  exceeding  £13. (i. 8.  4^'  Man  to  hire  one  in  the  room  of 
such  Quaker,  which  Sura  was  to  be  assessed  on  such  Quaker  who  was  thus  excused 
from  a  personal  Impress.  That  the  Province  Bounty  being  insiifficient  to  procure 
the  Men  by  inlistment,  his  Company  agreed  to  augment  the  bounty  in  order  to 
prevent  an  Impress;  which  proposal  was  communicated  to  one  George  Aldricli 
whom  the  Quakers  had  appointed  to  represent  them,  and  he  readily  complied  there- 
with; and  by  this  means  the  inlistment  was  effected:  notwithstanding  which  the 
said  Aldrich  commenced  an  Action  against  the  Petitioner  for  the  Sura  assessed  on 
him,  alledging,  that  as  the  IVIen  upon  Record  appeared  to  be  inlisted  Men,  the 
Quakers  were  not  by  Law  held  to  pay  any  part;  and  finally  recovered  of  him  £6.7.4 
damages  &  £15.8.3.  Costs,  for  which  Suras  execution  was  issued,  and  he  paid  the 
money,  besides  other  Charges  and  expences.    And  praying  Relief. 

In  the  House  of  Representatives.  Read  &  Ordered  that  there  be  allowed  and 
paid  to  th6  Petitioner  out  of  the  public  Treasury  the  Sura  of  Forty  eight  pounds 
twelve  shillings  and  three  pence  in  full  satisfaction  for  his  expence  in  the  Suit 
brought  against  him  by  George  Aldrich  as  set  forth  in  the  Petition. 

In  Council,  Read  and  Concurred.    Consented  to  by  the  Governor." — Ihid.,  vol. 
XXVL,  p.  424. 
See,  also,  1757-58,  chap.  17,  and  note,  ante. 


ACTS, 


Passed     1763—64. 


[637] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-fifth  day  of  May,  A.D.  1763. 


CHAPTER    1. 

AN  ACT  FOR  GRANTING  THE  SUM  OF  THIRTEEN   HUNDRED   POUNDS, 
FOR  THE  SUPPORT  OF  HIS  MAJEST[IE][r']S  GOVERNOR. 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  sum  of  thirteen  hundred  pounds  be  and  hereby  is  granted   Grant  of  £i,300, 
unto  his  most  excellent  majesty,  to  be  paid  out  of  the  public  treasury  of'^bis°mau;sty^s 
to  his  excellency,  Francis  Bernard,  Esq'^''^[«n"(?],  captain-general  and  governor, 
governor-in-chief  in  and  over  his  majesty's  province  of  the  Massachu- 
setts Ba}',  to  enable  him  to  carry  on  the  affairs  of  this  government. 
[_Passed  May  30.* 

CHAPTER    2. 


AN  ACT  TO  IMPOWER  DAVID  SEWALL,  OF  YORK,  GENTLEMAN,  TO  COL- 
LECT THE  EXCISE  DUE  IN  THE  COUNTY  OF  YORK,  ON  SPIRITUOUS 
LIQUORS,  IN  THE  YEAR  1762. 

Whereas  Daniel  Clark [e],  of  York,  in  the  county  of  York,  gentle-   Preamble 
man,  was  chosen  collector  of  the  excise  on  spirituous  liquors,  for  the 
said  county  of  York,  for  the  year  17G2,  and  before  he  had  compleated 
his  collections  went  out  of  this  province,  and  is  supposed  to  be  dead, — 

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

That  David  Sewall,  of  York,  gentleman,  be  and  he  hereby  is  fully 
authorized  and  impowered  to  levy,  collect  and  receive  from  all  persons 
all  the  said  duties  of  excise,  remaining  due  within  the  said  county  of 
York,  for  the  said  year  17G2  ;  and  the  said  David  is  hereby  invested 
with  all  the  powers  and  priviledges,  and  is  declared  to  be  subject  to  all 
the  obligations,  with  respect  to  such  excise,  which  the  said  Daniel  was 
invested  with  and  subject  to.     \_Passed  Jane  16.1 


David  Sewall 
enipowere(^,o 
collect  the  ex- 
cise for  1762. 


CHAPTER    3. 


AN  ACT  FOR  INCORPORATING  THE  INDIANS  AND  MOLATTOES,  INHAB- 
ITANTS OF  MASHPEE,  WITH  THEIR  LANDS  THERE,  INTO  A  DIS- 
TRICT, WITH  CERTAIN  PRIVILEDGES;  AND  FOR  THEIR  BETTER 
REGULATION. 

Whereas  it  hath  been  the  repeated,  and  is  the  importunate,  desire  Preamble, 
of  the  Indians  and  molattoes,  proprietors  in  Mashpee,  in  the  count}'  of 


*  Signed  June  10,  according  to  the  record. 

t  Signed  June  10,  according  to  the  list  transmitted  by  the  governor. 


C39 


610 


PEOvmcE  Laws.— 1763-64.  [Chap.  3.] 


Maslipee  erected 
into  a  district. 


OflBcers  to  be 
chosen. 


Power  of  such 
oflicers. 


Lines  to  be 
perambulated. 


Indians,  &c., 
empowered  to 
admit  others. 


Actions,  except 
in  certain  cases, 
debarred. 


Barnstable,  to  be  incorporated  and  vested  with  certain  priviledges,  and 
that  there  may  be  some  further  regulations  of  them  and  their  interest 
there  ;  and  the  same  appearing  reasonable, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  all  the  lands  belonging  to  the  Indians  and  molat-- 
toes  in  Mashpee  be  and  hereby  are  erected  into  a  district  by  the  name 
of  Mashpee,  with  the  following  privile[d]ges ;  vizi^'^.,  that  the  Indian 
and  molatto  inhabitants  and  proprietors  of  JMashpee  be  and  hereb}-  are 
impowered,  in  the  month  of  March,  annually,  to  meet  in  the  public 
meeting-house  in  said  Mashpee,  then  and  there  to  elect  a  moderator  of 
said  meeting  and  five  overseers  (two  of  said  overseers  being  English- 
men), a  town  clerk  and  treasurer,  they  being  Englishmen,  two  wardens, 
and  one  or  more  constables  ;  that  said  overseers,  or  the  major  part  of 
them,  shall  have  the  sole  power  to  regulate  the  fisher}^  in  said  Mashpee, 
and  also  to  allot  out  and  proportion  to  the  Indians  and  molattoes  their 
upland  and  meadows,  and  to  lease  such  lands  and  fisher}'  as  said  inhab- 
itants and  proprietors  hold  in  common  and  undivided,  for  a  term  not 
exceeding  two  years  from  and  after  the  first  of  March,  17G4, — the  profits 
and  incomes  arising  therefrom  to  be  applied,  at  the  discretion  of  the  said 
overseers,  or  the  major  part  of  them,  to  and  for  the  support  of  the  said 
indigent  Indians  and  molattoes,  and  for  no  other  use  or  purpose  whatso- 
ever ;  and  that  the  said  overseers  or  trustees,  or  the  major  part  of  them, 
shall  be  and  hereby  are  impowered,  in  their  names  and  capacit}',  to 
bring  writs  of  ejectment  against  any  person  or  persons  that  have,  or  shall 
illegally  get  into  possession  of  any  part  of,  the  lands  of  the  said  Indians 
or  molattoes,  and  writs  of  trespass  against  an}'  who  have  or  may  tres- 
pass upon  their  lands  or  properties,  and  the  same  to  pursue  to  final 
judgment  and  execution ;  and  tliat  said  overseers  shall  have  the  same 
power  with  respect  to  calling  of  district  meetings  as  the  selectmen  of 
any  town  in  this  province  by  law  now  have  :  and  that  after  the  lines  of 
Barnstable,  Sandwich  and  Falmouth,  bounding  upon  Mashpee,  are  run 
as  tills  court  shall  order,  that  said  overseers  or  trustees  shall  have  full 
power,  and  are  hereby  enjoined,  to  perambulate  the  same;  and  the 
selectmen  of  the  abovenamed  towns  are  hereby  required  to  perambulate 
said  lines,  with  said  overseers,  every  three  years  ;  and  for  ever}'  neglect 
there  shall  be  the  same  forfeiture  as  if  they  had  the  title  of  selectmen ; 
and  that  all  matters  relative  to  the  said  proprieties  be  transacted  at 
said  town-meetings,  notice  thereof  being  given  in  the  warrants  for  call- 
ing the  same  ;  and  that  said  overseers  or  trustees,  clerk  and  treasurer, 
shall  act  indifl"erently  both  in  district  and  proprietary  affairs  in  said 
district  of  Mashpee. 

And  he  it  further  enacted^ 

[Sect.  2.]  That  it  shall  be  in  the  power  of  said  Indians  and  molat- 
toes, inhabitants,  to  admit  other  Indians  or  molattoes  to  be  inhabitants 
and  proprietors  of  said  Mashpee  ;  and  that  the  lands  belonging  to  said 
Indians  or  molattoes,  thus  admitted,  if  any  they  have,  shall  and  may 
be  sold  by  the  commissioners  from  the  corporation  for  propagating  the 
gospel  in  New  England  and  parts  adjacent ;  and  the  treasurer,  for  the 
time  being,  to  the  said  commissioners,  is  hereby  authorized  and  impow- 
ered, in  such  ease,  to  execute  good  and  sufficient  deeds  of  the  same  ;  and 
the  interest  arising  from  such  sale  shall,  by  the  said  commissioners,  be 
annually  put  into  the  hands  of  said  overseers,  for  the  support  of  the 
poor  and  indigent  Indians  and  molattoes  of  said  district  of  Mashpee, 
and  for  that  use  only. 

And  he  it  further  enacted^ 

[Sect,  3.]  That  no  action  shall  be  brought  against  any  of  said  In- 
dians or  molattoes  for  any  contract  or  debt,  whatsoever,  made  or  entered 


[1st  Sess.] 


Peovince  Laws. — 1763-64. 


64i 


into  after  the  publication  of  this  act,  unless  the  same  be  made  or  en- 
tered into  with  the  express  consent  and  approbation  of  such  persons,  or 
the  major  part  of  them,  as  shall  be  nominated  and  appointed  by  the 
governor,  b}'  and  with  the  advice  and  consent  of  the  council,  to  have 
the  inspection  of  the  said  plantation,  pursuant  to  the  laws  of  this  prov- 
ince made  and  passed  in  the  sixth  year  of  King  William  and  Queen 
Marj' ;  and  every  action  brought  for  debt  or  contract,  not  approved  as 
aforesaid,  shall  be  forever  debarred. 

And  be  it  further  enacted, 

[Sect.  4.]  That  no  Indian  or  molatto  inhabitant  of  Mashpee  yhall 
bind  out  his  or  her  child  or  children  to  any  English  person  whatsoever,  by 
indenture  or  any  other  way,  in  satisfaction  or  as  a  security  for  any  debt 
of  their  parents,  nor  without  the  approbation  of  the  major  part  of  the 
overseers  aforesaid  ;  and  that  every  indenture  or  any  instrument  whatso- 
ever, or  parole  agreement,  whereb}-  such  child  or  children  shall  be  bound 
out  contrary  to  the  true  intent  and  meaning  of  this  act,  shall  be  adjudged 
null  and  void. 

And  be  it  farther  enacted, 

[Sect.  5.]  That  if  an}-  of  said  Indians  or  molattoes  shall  be  com- 
mitted to  goal,  for  debt,  he  or  they  shall  have  the  same  liberty  to  swear 
out  of  goal,  and  the  same  benefit  resulting  therefrom  as  any  white  per- 
son by  law  now  hath  who  hath  no  estate  ;  the}-  being  proprietors  in  the 
lands  of  Mashpee,  notwithstanding. 

And  be  it  farther  enacted, 

[Sect.  G.]  That  it  shall  and  may  be  lawful  for  said  proprietors  and 
inhabitants,  at  any  time  before  the  first  da}'  of  August  next,  to  assemble 
in  the  meeting-house  aforesaid,  then  and  there  to  cluise  a  moderator, 
five  overseers,  a  town  clerk,  a  town  treasurer,  two  wardens,  and  one  or 
more  constables,  as  aforesaid,  for  the  year  ensuing  ;  and  that  Thomas 
Smith,  Esqi^''^,  be  and  he  hereby  is  impowercd  and  directed  to  call  a 
meeting  of  said  proprietors  and  inhabitants  for  the  purpose  aforesaid. 

[Sect.  7.]  This  act  to  continue  and  be  in  force  tlu'ce  3'ears  from  the 
fifteenth  day  of  June,  17G3,  and  no  longer.     [Passed  June  14.* 


1693-94,  chap. 
17,  §1. 


Indians,  &c., 
not  to  bind  out 
their  children. 


Indian  debtors 
allowed  to 
swear  out  of 
jail. 


Proprietors  to 
clioose  district 
officers. 


Continuance. 


CHAPTER    4. 


AN  ACT  TO  ENABLE  THE  COURT  OF  GENERAL  SESSIONS  OF  THE 
PEACE,  FOR  THE  COUNTY  OF  BARNSTABLE,  TO  GRANT  LICENCES  TO 
INNHOLDERS  AND  RETAILERS  IN  THAT  COUNTY,  ON  THE  LAST 
TUESDAY   OF   JUNE,   ANNUALLY. 


Whereas  by  law  the  time  for  granting  licences  to  innholders  and  re-   f/i!?™J*'^-  ,„ 

,  c5  o  1698   cbup.  10 

tailers  is  fixt  at  the  first  general  sessions  of  the  peace  that  shall  be  held  §  ii.'  "  ' 
and  kept,  in  course,  within  the  several  counties,  in  this  province,  at  or 
next  after  the  nine-and-twentieth  day  of  June,  annually,  and  it  some- 
times so  happens,  that,  in  the  county  of  Barnstable,  the  court  of  sessions, 
appointed  by  law  to  be  held  on  the  last  Tuesday  of  June,  is  the  licence 
court,  and  sometimes  is  not,  as  the  law  now  stands  ;  which  is  found 
inconvenient  to  the  county, — 

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

That,  for  the  future,  the  court  of  general  sessions  of  the  peace  for  the   Licenses  to  be 
county  of  Barnstable  be  and  they  are  hereby  impowered  to  grant  licences   hJgrrulrday'of 
to  innholders  and  retailers  in  said  county,  at  their  sessions  on  the  last   J^in"^- 
Tuesday  of  June,  annually,  altho  it  should  so  fall  out  that  said  session 
happen  to  be  before  the  twentv-ninth  day  of  June.     [^Passed  Jane  14, 
1763.* 

*  Signed  June  IG,  according  to  the  record. 


642 


Peovince  Laws.— 1763-64.        [Chaps.  5,  6] 


CHAPTER    5. 

AN  ACT  FOR  ALTERING  A  CLAUSE  IN  AN  ACT  MADE  IN  THE  THIRTIETH 
YEAR  OF  HIS  LATE  MAJESTY  KING  GEORGE  THE  SECOND,  INTI- 
T[f7]LED  "AN  ACT  TO  PREVENT  DAMAGES  BEING  DONE  UNTO  BILL- 
INGSGATE BAY  IN  THE  TOWN  OF  EASTHAM,  BY  CATTLE  AND 
HORSES  FEEDING  ON  THE  BEACH  AND  ISLANDS  ADJOINING  THERE- 
TO." 


Preamble. 
1756-57,  chap. 
31. 


A  family  to  be 
kept  on  the 
Fouth  part  of 
Griflin'8  Island. 


Whereas,  by  an  act  intit[M]led  "  An  Act  to  prevent  clamage[s]  being 
done  unto  Billingsgate  Bay  in  the  town  of  Eastham,  b}^  cattle  and  horses 
feeding  on  the  beach  and  island  adjoining  thereto,"  Samuel  Smith, 
Esq'^'^^.,  his  heirs,  executors  and  administrators,  are  obliged  to  keep  a 
house  and  family-  on  an  island  l3'ing  to  the  southward  of  Griffin's  Island, 
so  called,  and  it  being  represented  to  this  court  by  Samuel  Smith, 
Esqi^'^,  by  his  petition,  that  it  is  found  b^'  experience  to  be  very  incon- 
venient, and  not  to  answer  the  purposes  designed  thereby,  in  said  act,  so 
well  as  a  famil}'  might  do  if  the}'  lived  on  Griffin's  Island  ;  wherefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  Samuel  Smith,  Esq^'^^,  be  no  longer  obliged  to  keep  a  house  and 
famil}^  on  any  of  the  islands  southward  of  Griffin's  Island,  so  called ; 
but  henceforth,  during  the  continuance  of  said  act,  the  said  Samuel 
Smith,  his  heirs,  executors  and  administrators,  be  and  hereby  are 
obliged  to  keep  a  famil}'  on  the  southward  part  of  Griffin's  Island,  so 
called,  for  the  ends  and  purposes  mentioned  in  said  act.  \_Passed  June 
14.* 


CHAPTER    6. 


AN  ACT  TO  ENABLE  JUSTICES  OUT  OF  COURT  TO  GRANT  LICENCE,  IN 
CERTAIN  CASES,  TO  RETAIL  STRONG  LIQUORS  AND  TO  KEEP  HOUSES 
OFPUBLICK  ENTERTAINMENT;  AND  THEREBY  TO  PREVENT  UNNE- 
CESSARY PETITIONS  TO  THE  GENERAL  COURT. 


Justices  to 
grant  licenses, 
in  certain  cases. 
1755-56,  chap. 
39. 


Proviso. 


Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  when  it  shall  happen  that  an}'  licenced  innholder  or 
retailer  shall  be  deceased  before  the  year  be  expired  for  which  licence 
shall  have  been  granted,  and  the  widow  of  the  deceased,  if  such  there 
be,  or  other  person  improving  such  licenced  house,  shall  desire  to  exer- 
cise said  employment  therein  the  remainder  of  the  3ear,  and  shall  make 
application  to  two  justices  of  the  peace,  quorum  unus,  in  the  county 
where  such  house  shall  be,  such  justices  are  hereby  impowered  and 
enabled  to  grant  licence  to  such  person  making  application  for  such 
licence,  for  the  remainder  of  the  yeav  :  provided  such  person  be  suitably 
qualified  therefor,  and  recommended  by  the  selectmen  of  the  town  in 
manner  as  the  law  directs. 

Provided,  always, — 

[Sect.  2.]  That  the  person  so  licenced  shall  recognize,  before  said 
justices,  with  sureties  as  the  law  directs,  for  his  or  her  keeping  good 
rule  and  order  and  duly  paying  the  excise,  before  they  exercise  the 
said  employment.     \_Passed  June  14.* 

*  Signed  June  16,  according  to  the  record. 


[1st  Sess.J 


Peovince  Laws. — 1763-64. 


643 


CHAPTER    7. 


AN  ACT  FOR  THE  BETTER  REGULATING  OF  THE  SERVICE  OF  EXECU- 
TIONS, MORE  ESPECIALLY  IN  THE  REMOTE  COUNTIES  OF  THE 
PROVINCE. 


Whereas  the  inferior  court  of  common  pleas  in  several  of  the  conn-  Preamble, 
ties  of  this  province  are,  by  law,  held  twice  only  in  the  year,  so  that 
executions  upon  judgments  obtained  in  such  counties,  at  said  courts, 
are  returnable  but  once  in  six  months,  whereby'  the  creditor  is  or  ma}* 
be  kept  for  a  long  time  out  of  his  just  debt ;  while  in  the  other  counties 
of  the  province  the  writs  are  returnable  everj'  three  months, — 

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

That  from  and  after  the  publication  of  this  act,  the  clerks  of  the  in- 
ferior court  of  common  pleas  in  and  for  [the']  said  counties,  are  hereby 
authorized  and  directed  to  make  all  executions,  on  judgments  obtained 
in  said  courts,  returnable  into  the  said  clerk's  office,  within  three 
months  from  the  date  thereof;  and  the  clerk  of  said  courts  is  further 
authorized,  upon  the  return  of  such  execution,  to  renew  or  make  out  an 
alias  execution  for  the  whole  or  the  remainder,  as  the  case  ma3^  be,  re- 
tuinable  at  the  next  inferior  court  to  be  held  in  and  for  such  coun- 
t [y ' ]  [ie]  s .     \_Pasced  June  15.* 


Executions, 
how  to  bu  made 
out. 


CHAPTER    8. 

AN  ACT  FOR  CONTINUING  CERTAIN  CLAUSES  IN  AN  ACT  PASSED  IN  THE 
THIRTIETH  YEAR  OF  HIS  LATE  MAJESTY'S  REIGN,  INTITULED  "  AN 
ACT  FOR  PROVIDING  AND  MAINTAINING  TWO  ARMED  VESSELS  TO 
GUARD  THE  COAST,  AND  FOR  SUPPLYING  THE  TREASURY  WITH 
SEVEN  THOUSAND  POUNDS  FOR  THAT  END." 


"Whereas,  by  an  act  intituled  "An  Act  for  pi'oviding  and  maintaining  i>r,.ambie. 
two  armed  vessels  to  guard  the  coast,  and  for  supplying  the  treasury  it56-07,  cbaf. 
with  seven  thousand  pounds  for  that  end,"  there  was  granted  to  his 
most  excellent  majesty  a  duty  of  sixpence  per  ton  on  all  ships  and 
other  vessels,  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,  from  and  after  the  first  day  of  November,  in  the 
thirtieth  3-ear  of  his  late  majest3-'s  reign,  during  the  continuance  of  the 
then  war  with  France,  and  until  the  first  day  of  November  then  next 
following  ;  and  whereas,  hy  the  conclusion  of  the  said  war,  the  exigencies 
of  the  province  do  not  require  that  the  said  dut}'  on  shipping  should  be 
further  continued,  but  those  on  tea,  coffee,  and  china-ware  ought  to  be 
further  continued  beyond  their  present  period, — 

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

That  the  duties  mentioned  and  laid  in  and  by  said  act  upon  shipping,   Duties  on  ton- 
shall  cease  and  determine  on  the  twentieth  day  of   June,   A.D.  one   pi',fg^°o*ccase. 
thousand  seven  hundred  and  sixty-three  ;    and  that  the  duties  laid  in 
and  by  said  act,  upon  tea,  cofi'ee,  and  china-ware  shall  be  continued   Bmies  on  tea, 
until  the  first  da}-  of  November,  A.D.  one  thousand  seven  hundred  and   china-'ware, ( on- 
sixty-five  :    and  all  clauses  in  the  said  act  respecting  these  last  men-   tin'jcd. 
tioned  duties  are  hereby  declared  to  be  and  remain  in  full  force  until 
the  same  da}-.      \_Passed  June  15.* 

*  Siffned  Jnnii  IC  according  to  the  record. 


644 


Peovince  Laws. — 1763-64. 


[Chap.  9.] 


CHAPTEK    9. 


Preamble. 


Bounds  of  the 
town  of  Wilbra- 
bam. 


To  join  with 

Springfield 

in  the  choice  of 

representatives. 


Wilbraham 
town :  privi- 
leges and  duties. 


Town-meeting 
to  be  warned. 


AN  ACT  FOR  INCORPORATING  THE  FOURTH  PARISH  OF  SPRINGFIELD, 
IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  SEPARATE  TOWN  BY  THE 
NAME   OF  WILBRAHAM. 

Whereas  the  inhabitants  of  the  fourth  parish  in  said  Springfield  have 
represented  to  this  court  that  they  labour  under  great  inconvenienc[i]es 
and  difficulties  in  attending  on  the  publick  affairs  of  the  said  town,  by  rea- 
son of  their  great  distance  from  the  usual  place  where  they  are  transacted, 
&c.,  and  that  they  are  increased  to  such  numbers  that  it  ma}'  be  fit- 
ting they  should  be  incorporated  into  a  separate  town  ;  and  have  accord- 
ingly petitioned  this  court  therefor, — 

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

[Sect.  1.]  That  the  said  fourth  parish  in  said  Springfield,  with  the 
addition  of  half  a  mile  west  from  the  west  line  of  said  parish,  from 
Chicobee  River  on  the  north,  to  the  northerly  line  of  the  township  of 
Soraers  on  the  south, — be  erected  into  a  separate  town  by  the  name 
of  Wilbraham  ;  and  that  the  inhabitants  of  said  town  be  invested  with  all 
the  powers  and  priviledges  that  towns  in  this  province  enjoy  by  law, 
that  of  sending  a  representative  to  this  court  only  excepted  ;  and  that 
the  said  town  shall  have  full  right  and  liberty,  from  time  to.  time, 
to  join  with  said  town  of  Springfield  in  the  choice  of  repi-esentativcs  to 
represent  them  at  the  general  assembly  ;  and  that  the  said  town  of  Wil- 
braham shall,  from  time  to  time,  be  at  their  proportionable  part  of  the 
expencc  of  such  representatives,  and  the  froelioldors  and  other  inhabit- 
ants of  Wilbraham  shall  be  notified  of  the  time  and  place  of  election,  in 
like  manner  as  the  inhabitants  of  said  Springfield,  by  a  warrant  from  the 
selectmen  of  said  Springfield,  directed  to  the  constable  of  said  AVilbra- 
ham,  directing  him  to  warn  the  inhabitants  of  said  Wilbraham  to  attend 
the  said  meeting  at  the  time  and  ])lace  therein  assigned  ;  and  that  the 
pay  of  such  representatives  be  born[e]  by  said  towns  of  Springfield  and 
Wilbraham,  in  the  same  proportion,  from  time  to  time,  as  the}'  pa}^  to 
the  province  tax. 

And  in  order  effectually  to  prevent  any  future  dispute  that  might 
otherwise  arise  between  the  said  towns  of  Springfield  and  Wilbraham, 
respecting  their  joint  interests  or  joint  duties, — 

Be  it  enacted, 

[Sect.  2.]  That  the  said  town  of  Wilbraham  shall  enjoy  the  two 
ministry-  and  school  lots  in  said  town  in  full  satisfaction  of  their  share 
in  the  ministry-  and  school  lands  in  said  town  of  Springfield  and  of  the 
money  and  debts  due  to  said  town  ;  that  they  pay  their  due  proportion 
of  the  town  debts  alread}-  contracted,  and  have  their  due  proportion  of 
the  town  stock  of  ammunition  ;  that  they  pay  to  the  support  of  the 
present  poor  of  said  town  of  Springfield,  now  supported  at  the  town 
charge,  eleven  pounds  in  one  hundred,  so  long  as  they  shall  continue  a 
charge  to  said  town ;  and  that  this  act  shall  not  be  construed  to  hinder 
or  prevent  any  persons,  inhabitants  of  said  Springfield,  from  cutting 
timber,  or  taking  the  herbage  or  stone,  on  an}'  of  the  lands  in  said  Wil- 
braham, so  long  as  they  remain  unfenced,  any  more  than  if  this  act  had 
not  been  made, — 

And  he  it  farther  enacted, 

[Sect.  3."]  That  John  Worthington,  Esq^'^,  be  and  hereby  is 
[e][i]mpowered  and  directed  to  issue  his  warrant,  directed  to  some 
principal  inhabitant  of  said  Wilbraham,  requiring  him  to  warn  the 
inhabitants  of  said  town,  qualified  to  vote  in  town  affairs,  to  assemble 


[1st  Sess.] 


Province  Laws. — 1763-64. 


645 


at  some  suitable  time  and  place  in  said  town  to  choose  such  officers 
as  maj  be  necessaiy  to  manage  the  affairs  of  said  town,  which,  at 
such  meeting,  thej  are  herebj-  [e]  [^■]  mpowered  to  choose. 

Provided^  nevertheless^ — 

[Sect.  4.]     The  inhabitants  of  said  Wilbraham  shall  pay  their  pro-  Proviso  re- 
portionable  part  of  all  such  province  and  county*  taxes  as  are  ah'eady  set  ^pecting  taxes, 
upon  them  by  the  said  town  of  Springfield,  in  like  manner  as  tho'  this 
act  had  not  been  made. 

And  he  it  further  enacted, 

[Sect.  5.]     That  of  the  sum  set  on  the  town  of  Springfield,  as  their  Tax  on  Spring, 
proportion,  with  other  towns,  to  a  tax  of  one  thousand  pounds,  for  the   braham'^pro!" 
future  the  said  town  of  Springfield  shall  retain  the  sum  of  elcA'en  pounds  portioneid. 
two  shillings  and  tenpence,  two  farthings  ;  and  that  there  be  set  on  the 
said  town  of  Wilbraham  the  sum  of  one  pound  thirteen  shillings  and  six- 
pence, as  their  rate  or  proportion  for  their  payment  of  publick  taxes. 
[Passed  June  15.* 


CHAPTER    10. 


AN  ACT  FOE,  APPORTIONING  AND  ASSESSING  A  TAX  OF  FIFTY 
THOUSAND  POUNDS;  ALSO  FOR  APPORTIONING  AND  ASSESSING  A 
TAX  OF  EIGHTEEN  HUNDRED  AND  TWENTY-EIGHT  POUNDS  TWO 
SHILLINGS,  PAID  THE  REPRESENTATIVES  FOR  THEIR  TRAVEL, 
SERVICE  AND  ATTENDANCE  IN  THE  GENERAL  COURT,  IN  THE  YEAR 
ONE  THOUSAND  SEVEN  HUNDRED  AND  SIXTY-TWO;  ALSO  FOR 
APPORTIONING  AND  ASSESSING  A  TAX  OF  SEVENTY- TWO  POUNDS, 
FOR  FINES  LAID  UPON  TOWNS  THAT  HAVE  NOT  SENT  ANY  PER- 
SONS TO  REPRESENT  THEM  IN  THE  GENERAL  COURT  THE  PRESENT 
YEAR;  ALSO  FOR  ASSESSING  SUNDRY  TOWNS  FOR  THE  SUM  OF 
NINETY-EIGHT  POUNDS  FOUR  SHILLINGS  AND  SIXPENCE,  BEING 
SO  MUCH  ORDERED  BY  THE  GENERAL  COURT  TO  BE  ADDED  TO 
THEIR  TAX  THE  PRESENT  YEAR,  OVER  AND  ABOVE  THEIR  PRO- 
PORTION OF  WHAT  IS  LAID  ON  SAID  TOWNS;  ALSO  FOR  ASSESSING 
SUNDRY  TO^^'S  IN  THE  COUNTY  OF  HAMPSHIRE  THE  SUM  OF 
SEVENTY-THREE  POUNDS  FIFTEEN  SHILLINGS,  TAKEN  OFF  FROM 
ROXBURY-CANADA,  WHICH  SUM  WAS  LAID  ON  THEM  IN  THE  TAX 
ACTS  FOR  THE  TWO  LAST  YEARS:  ALL  WHICH  SUMS  AMOUNT  TO 
FIFTY-TWO  THOUSAND  AND  SEVENTY-TWO  POUNDS  ONE  SHILLING 
AND  SIXPENCE. 

"Wecereas  the  great  and  general  court  or  assembly  of  this  province  1759-60,  chap. ' 
did,  in  their  session  in  January,  one  thousand  seven  hundred  and  sixty,   ^'^'  S^- 
levy  a  tax  of  seventy-five  thousand  pounds  ;  and  also,  at  their  session 
in  April  following,  did  lev}^  one  other  tax  of  five  thousand  five  hundred  1759-6O,  chap, 
pounds  ;  and  by  another  act  at  their  session  in  June,  one  thousand  seven  ^°'  ^  ^' 
hundred  and   sixt}',  did  levy  a  further  tax  of  twenty-four  thousand 
pounds  ;  and  at  their  session  in  June,  one  thousand  seven  hundred  and   neo-ei,  chap. 8, 
sixty-two,  did  levy  a  further  tax  of  thirt3--nine  thousand  nine  hundred   **• 
and  eightj'-four  pounds  :  amounting,  in  the  whole,  to  one  hundred  and 
fort}'- four  thousand  four  hundred  and  eight^'-four  pounds  ;  and  by  the   1762-63,  chap. », 
acts   aforesaid   provision  was  made  that  the  great  and  general  court 
might,  at  this  present  session,  apportion  the  same  on  the  several  towns, 
districts,  parishes  and  places  within  this  province,  if  they  thought  fit ; 
hut  inasmuch  as  such  a  heavy  tax  will  be  insupportable  to  the  inhab- 
itants of  the  province,  under  their  present  distressed  circumstances, 
and  as  the  parliament  of  Great  Britain  have  been  graciously  pleased  to 
make  a  grant  to  the  colonies  of  the  sum  of  one  hundred  and  thirtj'-three 

*  Signed  June  IG,  according  to  the  record. 


646  PEOvmcE  Laws.— 1763-64.  [Chap.  10.] 

thousand  three  hundred  and  thirty-three  pounds  six  shilhngs  and  eight- 
pence  sterhng,  to  recompence  them  for  their  services  and  expences  in 
the  expedition  for  the  yeav  one  thousand  seven  hundred  and  sixty-one  ; 
and  have  also  made  a  further  grant  to  the  colonies  of  the  hke  sum 
of  one  hundred  thirty-three  thousand  three  hundred  and  thirty-three 
pounds  six  shillings  and  eightpence  sterling,  to  recompence  them  for 
their  services  and  expences  in  the  expedition  for  the  year  one  thousand 
seven  hundred  and  sixty-two ;  which  monies,  when  drawn  for  by  the 
province,  or  otherwise  received  into  the  treasury,  with  the  tax  of  fifty 
thousand  pounds  agreed  to  be  assessed  and  levied  this  year,  will  be 
sufficient  to  redeem  the  government  securities,  with  the  interest  that 
will  become  due  in  June  next,  which  the  treasurer  is  hereby  directed 
and  impowered  to  apply  to  that  purpose,  when  the  same  shall  be  re- 
ceived into  the  treasury,  and  for  no  other  purpose  whatsoever ;  where- 
fore, for  the  ordering,  directing  and  effectual  drawing  in  the  said  sum  of 
fifty-two  thousand  and  seventy-two  pounds  one  shilling  and  sixpence, 
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  Governolujr,  Council  and  House 
of  Representatives^ 

[Sect.  1.]  That  each  town,  district,  parish  or  other  place  within 
this  province  be  assessed  and  pay,  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  fifty-two  thousand  and  seventy-two 
pounds  one  shilling  and  sixpence  ;  the  several  sums  following ;  that  is 
to  say, — 


[1st  Sess.]         Peovince  Laws. — 1763-64. 


647 


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[Chap.  10.] 


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[1st  Sess.] 


Peovince  Laws.— 1763-64. 


649 


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PnoviNCE  Laws.— 1763-64.         [Chap.  10.] 


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658  Provlnce  Laws.— 1763-64.  [Chap.  10.] 

And  be  it  further  enacted, 
Rules  for  [Sect.  2.]     That  the  treasurer  do  forthwith  send  out  his  warrants, 

assessment.  directed  to  the  selectmen  or  assessors  of  each  town,  district,  parish  or 
other  place  within  this  province  that  are  taxed,  requiring  them,  respec- 
tively, to  assess  the  sum  hereb}'  set  upon  such  town,  district,  pai'ish  or 
other  place,  in  manner  following ;  that  is  to  say,  to  assess  all  rateable 
polls  above  the  age  of  sixteen  j'ears,  within  their  respective  towns, 
districts,  parishes  or  other  places,  or  next  adjoining  to  them,  belonging 
to  no  other  town  or  place,  at  six  shillings  and  eightpence  per  poll,  and 
proportionably  in  assessing  the  fines  mentioned  in  this  act,  and  the 
additional  sum  received  out  of  the  treasury,  for  the  pajment  of  repre- 
sentatives (excepting  the  governor,  lieutenant-governor  and  their 
families,  the  president,  fellows,  professors,  Hebrew  instructor  and 
students  of  Harvard  College,  settled  ministers,  and  gramm[e][a]r 
schoolmasters,  who  are  hereb}'  exempted  as  well  from  being  taxed  for 
their  polls,  as  their  estates  being  in  their  own  hands  and  under  their 
actual  management  and  improvement ;  as  also  the  estate  pertaining  to 
Harvard  College)  ;  and  other  persons,  if  such  there  be,  who,  thro'[M^7i] 
age,  infirmity  or  extreme  poverty,  in  the  judgment  of  the  assessors,  are 
not  able  to  pay  towards  public[k]  charges,  the^'  maj'  exempt  their 
polls,  or  abate  part  of  what  they  are  set  at,  as  in  their  prudence  the}^ 
shall  think  fit  and  judge  meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  respec- 
tive counties  assembled,  in  granting  a  county  tax  or  assessment,  are 
hereb}'^  ordered  and  directed  to  apportion  the  same  on  the  several 
towns,  districts,  parishes  and  other  places  in  such  county  in  propor- 
tion to  their  province  rate  ;  and  the  assessors  of  each  town  in  the  prov- 
ince are  also  directed,  in  making  an  assessment,  to  govern  themselves 
by  the  same  rule ;  and  the  incomes  of  all  estates,  both  real  and  per- 
sonal, l3"ing  within  the  limits  of  such  town,  district,  parish  or  other 
place,  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[ed]  as 
before  excepted,  do  or  shall  receive  from  an}-  trade,  faculty,  business 
or  employment  whatsoever,  and  all  profits  which  shall  or  may  arise  by 
mone}',  or  commissions  of  profit,  in  their  improvement,  according  to 
their  understanding  or  cunning,  at  twelvepence  per  pound  ;  and  to 
abate  or  multiply  the  same,  if  need  be,  so  as  to  make  up  the  sum  set 
and  ordered  hereb}-  for  each  town,  district,  parish  or  other  place  to 
pay  ;  and  in  making  their  assessment,  to  estimate  houses  and  lands  at 
six  years'  3'early  rent,  whereat  the  same  may  be  reasonably  set  or  let 
for  in  the  place  where  the}'  lye  :  saving  all  agreements  between  landlord 
and  tenant,  and  where  no  agreement  is,  the  landlord  to  re-imburse  one- 
kalf  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  ;  and  every 
cow  or  heifer  of  three  jears  old  and  upwards,  at  thirty  shillings ; 
and  every  horse  and  mare  of  three  j-ears  old  and  upwards,  at  forty 
shillings  ;  and  every  swine  of  one  3'ear  old  and  upwards,  at  eight  shil- 
lings ;  goats  and  sheep  of  one  year  old  at  three  shillings  each  ;  the  sev- 
eral creatures  above  mentioned  to  be  taxed  to  their  respective  owners 
or  occupants,  b}'  the  assessors  of  the  towns  in  which  the  owners  or 
occupiers  dwell :  likewise  requiring  the  said  assessors  to  make  a  fair 
list  of  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  b}'  trade  or  faculty  ;  and  if  as  guardians,  or  for  ajiy  estate,  in 


[1st  Sess.]  Province  Laws. — 1763-64.  659 

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  collector,  constable  or  constables  of  an}'  such  town, 
district,  parish  or  place,  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  Novem- 
ber next. 

[Sect.  4.]  And  the  treasurer,  for  the  time  being,  upon  receipt  of 
such  certificate,  is  hereb}'  [e][/]m powered  and  ordered  to  issue  forth 
his  warrants  to  the  collector,  or  constable  or  constables,  of  such  town, 
district,  parish  or  place,  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  their  accompts  of  the  whole,  at 
or  before  the  thirty-first  day  of  March,  which  will  be  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  sixtj'-four. 

And  he  it  further  enacted, 

[Sect.  5.]  That  the  assessors  of  each  town,  district,  parish  or  other  inhabitants  to 
place,  respectively,  in  convenient  time,  before  their  making  of  the  ng't"^f "heir  "^ 
assessment,  shall  give  seasonable  warning  to  the  inhabitants,  in  a  town-  polls,  estate,  &e. 
meeting,  or  by  posting  up  notifications  in  some  place  or  places  in  such 
town,  district,  parish  or  other  place,  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,  which  they  are  to  render  to  the  assessors,  on  oath,  if 
required  ;  and  if  the}'  refuse  to  give  in  an  account  of  the  money  at  inter- 
est, on  oath,  the  assessors  are  [e][/]mpowered  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  per- 
son or  persons,  according  to  their  known  abilit}-  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  shillings  for  each  person  that  shall  be  convicted  l)y  legal  proof, 
in  the  judgment  .of  said  assessors,  in  bringing  in  a  false  list ;  the  said 
fines  to  be  for  the  use  of  the  poor  of  such  town,  district,  parish  or  place 
where  the  delinquent  lives,  to  be  levied  by  warrant  from  the  assessors, 
directed  to  the  collectors  or  constables  in  manner  as  is  directed  for 
gathering  the  town  assessments,  to  be  paid  in  to  the  town,  district  or 
parish  treasurer,  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  count}',  for  relief  as  in  the  case  of  being  overrated.  And  if  any 
person  or  persons  shall  not  bring  in  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  any  abatement  of  the 
assessment  laid  on  him  or  them. 

[Sect.  6.]  And  if  the  person  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  by  money  at  interest  or  otherwise,  or  other  estate  not 
particularly  assessed,  such  list  shall  be  a  rule  for  such  person's  propor- 
tion to  the  tax  which  the  assessors  may  not  exceed. 

And  forasmucli  as,  oftentimes,  sundry  persons,  not  belonging  to  tliis 
province,  bring  considerable  trade  aud  merchandize,  and  by  reason  that 
the  tax  or  rate  of  the  town  where  they  come  to  is  finished  and  deliv- 
ered to  the  constable  or  collectors,  and,  before  the  next  j^ear's  assess- 
ment, are  gone  out  of  the  province,  and  so  pay  nothing  towards  the 
support  of  the  government,  tho'[ugb],  in  the  time  of  their  residing 
here,  they  reaped  considerable  gain  by  trade,  and  had  the  protection  of 
the  government, — 


660 


Peovince  Laws. — 1763-64. 


[Chap.  10.] 


Transient 
traders,  to  be 
rated. 


Merchants  to  be 
rated  for  carry- 
ing on  trade  in 
any  town  be- 
sides where  they 
dwell. 


Selectmen  to 
transmit  a  list 
of  such  persons, 
before  they  are 
rated. 


Inhabitants  of 
Boston  who 
remove  out  of 
town  and  return 
in  a  year,  to  pay 
their  tax  in  said 
town. 


Treasurer  em- 
powered to 
issue  a  further 
warrant  for  an 
assessment,  in 
case,  &c. 


Be  it  therefore  enacted, 

[Sect.  7.]  That  when  any  person  or  persons  shall  come  and  reside 
in  any  town  within  this  province,  and  bring  any  merchandize,  or  trade  to 
deal  therewith,  the  assessors  of  such  towns  are  hereby  [e]  [?'] uipowered 
to  rate  and  assess  all  such  persons,  according  to  their  circumstances, 
pursuant  to  the  rules  and  directions  of  this  act  provided,  though  the 
former  rate  may  have  been  finished,  and  a  new  one  not  perfected,  as 
afoi'esaid. 

A7id  be  it  further  enacted, 

[Sect.  8.]  That  when  any  merchant,  trader  or  factor,  shall  set  up 
a  store,  and  traffick,  or  carry  on  any  trade  or  business,  in  any  town  with- 
in this  province,  not  being  an  inhabitant  of  such  town,  the  assessors  of 
such  town  where  such  trade  and  business  shall  be  carried  on  as  afore- 
said, be  and  hereby  are  [e][^■Jmpowel•ed  to  rate  and  assess  all  such 
merchants,  traders  and  factors,  their  goods  and  merchandizes,  for  car- 
rying 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  aforementioned,  the 
selectmen  of  the  town  where  such  trade  is  carried  on  shall  transmit  a 
list  of  such  persons  as  the}^  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  enjoined  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  whereas  it  has  been  the  practice  of  some  of  the  inhabitants  of 
the  town  of  Boston  to  remove  to  some  other  town  in  tliis  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.  10.]  That  wh[en][re]  any  inhabitant  of  the  town  of  Boston 
shall  remove  to  any  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  have  removed  from  said  Boston  {saving  so  much 
as  he  shall  be  taxed  in  the  town  removed  to) ,  anything  in  this  act  to 
the  contrary  notwithstanding. 

And  he  it  further  enacted, 

[Sect.  11.]  That  if  the  treasurer  shall  not  receive  so  much  of  the 
several  parliamentary  grants,  by  this  act  appropriated  for  the  redemp- 
tion of  the  treasurer's  notes  that  shall  become  due  in  June  next,  and 
the  general  court  shall  not  otherwise  provide  for  the  redemption  of  said 
notes  on  or  before  the  twentieth  daj*  of  January  next,  then,  and  iu  that 
case,  he  shall  issue  forth  his  warrants,  directed  to  the  selectmen  or 
assessors  in  each  of  the  towns  and  districts  within  this  province,  re- 
quiring them  to  assess  the  polls,  aud  estates  both  real  and  personal, 
within  their  several  towns  and  districts,  for  their  respective  part  and 
proportion  of  whatever  sums  shall  be  wanting,  of  the  said  parliamentary 
grants,  for  the  purpose  aforesaid,  to  be  paid  into  the  public [k]  treas- 
ury by  the  thirty-first  day  of  March,  one  thousand  seven  hundred  and 
sixt^'-four  ;  and  the  assessors,  as  also  all  persons  assessed,  shall  observe, 
be  governed  by,  and  subject  to,  aiil  such  rules  and  directions  as  shall 
have  been  given  in  the  then  last  prece[e]ding  tax  act.  \_Passed  June 
15.* 

*  Signed  June  16,  according  to  the  record. 


[1st  Sess.] 


Peovince  Laws.— 1763-64. 


661 


CHAPTER   11. 


A.N  ACT  IN  ADDITION  TO  THE  ACTS  ALREADY  MADE  FOR  THE  MORE 
SPEEDY  EXTINGUISHMENT  OF  FIRE,  AND  PRESERVING  GOODS  EN- 
DANGERED BY  IT. 


A  „     1744-45,  chap. 
-^U    an.  ss  1,  2. 


Whereas,  in  and  by  an  act  made  and  passed  in  the  eighteenth  year  of  Preamble^ 
the  reign  of  his  late  majesty  King  George  the  Second,  intituled  ^"'^  '" 

Act  for  the  more  speedy  extinguishment  of  fire,  and  preserving  goods 
endangered  by  it,"  it  is  enacted  that  the  several  towns  within  this  prov- 
ince may,  if  the}'  see  meet,  at  their  anniversarj'  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  are  directed  and  irapowered  to  do  ;  and  '.n 
and  by  an  act  passed  in  the  twenty-fifth  year  of  [the  reign  of]  his  late  1752-53,  chap.  2. 
majestj',  the  town  of  Boston  are  impowered  to  choose,  if  they  see  fit, 
two  persons  for  fire-wards,  over  and  above  the  number  they  were  im- 
powered to  choose  by  the  act  passed  in  the  eighteenth  year  of  the  reign 
aforesaid ;  and  whereas  it  is  apprehended  it  would  greatly  serve  the 
said  town  of  Boston,  if  their  numbers  were  still  increased, — 

Be  it  enacted  by  the  Governor,   Council  and  House  of  Representa- 
tives, 

That  it  shall  and  may  be  lawful  for  the  town  of  Boston,  who,  at  Town  of  Boston 
present,  have  twelve  fire-wards,  at  any  town-meeting  warned  for  that  teen  L^e^- wards. 
purpose,  to  elect  and  appoint  four  more  meet  persons  as  fire-wards,  who 
shall  serve  in  that  office  till  their  anniversary  meeting  in  March  next ; 
and  from  thenceforward,  as  they  shall  see  cause,  to  choose  sixteen 
persons  for  that  purpose  annually,  who  shall  do  the  duty,  and  be  invest- 
ed with  the  like  powers  and  priviledges  as  fire-wards  in  and  by  the  said 
acts  are  invested.     \_Passed  June  15,*  1763. 


CHAPTER    12. 


AN  ACT  FOR  RECORDING  SUCH  PAPERS,  PROPER  TO  BE  RECORDED, 
THAT  HAVE  BEEN  EXHIBITED  TO,  AND  RECEIVED  BY,  THE  SU- 
PERIOR COURT  OF  JUDICATURE,  COURT  OF  ASSIZE  AND  GENERAL 
GOAL  DELIVERY,  OR  BY  THE  SEVERAL  JUDGES  OF  PROBATE  OF 
WILLS,  AND  GRANTING  LETTERS  OF  ADMIN1STRATI0N[SJ,  OR  BY 
THE  RESPECTIVE  COURTS  OF  GENERAL  SESSIONS  OF  THE  PEACE, 
AND  INFERIOR  COURTS  OF  COMMON  PLEAS;  AND  FOR  RECORDING 
ALL  JUDGMENTS  OR  DECREES  OF  SAID  COURT  OR  COURTS,  WHERE 
THE  CLERK  OR  CLERKS,  REGISTER  OR  REGISTERS,  OF  SAID  COURT 
OR  COURTS,  ARE  DECEASED,  LEAVING  THE  SAME  NOT  RECORDED. 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]     That  the  justices  of  the  superior  court  of  judicature,   papers  to  be 
court  of  assize  and  general  goal  delivery  ;  the  judges  of  the  probate  of  recorded  in  the 

•  several  courts  or 

wills,    and  granting   letters  of  administration [s]  ;  the  justices  of  the   law  and  courts 
court  of  general  sessions  of  the  peace,  and  the  inferior  court  of  com-  ^^  probate 
mon  pleas  ;  are  hereb}-  respectively  impowered  and  enjoined,  where  any 
clerk  or  register  of  either  of  the  beforementioned  courts  are  deceased, 
leaving  any  papers,  judgments  or  decrees  unrecorded,  in  either  of  said 

*  Signed  June  16,  according  to  the  record. 


662 


Province  Laws.— 1763-64.         [Chap.  13.] 


Estates  of  de- 
ficient clerks  or 
registers,  liable 
to  defray  the 
charge  of 
recording. 


Former  clerks 
or  registers  now 
living,  if  de- 
ficient, to  defray 
the  charge. 


courts,  which  are  proper  to  be  recorded,  forthwith  to  cause  the  same 
to  be  put  upon  record,  by  such  person  or  persons  as  they  shall  employ 
for  that  purpose ;  the  charge  arising  therefrom  to  be  paid  out  of  the 
estate  of  such  deficient  clerk  or  register :  provided  there  is  a  sufficiency 
left  therefor ;  and  the  surviving  clerk  or  register  is  hereb}'  impowered 
and  enjoined  to  prosecute  for  and  recover  the  same  :  but  where  there 
is  not  a  sufficienc}'  of  estate  left  to  defrej-  the  charge  aforesaid,  if  such 
charge  hath  arisen  b}-  the  neglect  of  the  clerk  or  clerks  of  said  superior 
court,  the  same  shall  be  paid  out  of  the  province  treasury  ;  if  through 
the  neglect  of  the  register  or  registers,  clerk  or  clerks,  of  the  court  of 
probate,  the  court  of  general  sessions  of  the  peace,  or  inferior  court 
of  common  pleas,  then  such  charge  shall  be  paid  by  the  county  where 
such  deficient  register  or  clerk  lived  and  sustained  said  oflSce  :  and 
the  successors  of  the  clerks  or  registers  aforesaid  are  hereby  respective- 
ly impowered  and  required  to  demand  and  receive,  sue  for  and  recover, 
the  papers,  judgments  and  decrees  aforesaid,  that  so  the  same  may  be 
recorded  according  to  the  directions  in  this  act  made  and  provided. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  if  anj-  one  that  has  been  a  clerk  or  register  of  either 
of  the  courts  aforesaid,  that  may  be  still  surviving  and  not  now  in  said 
office,  hath  been  and  still  continues  deficient,  in  any  instance  before- 
mentioned, — that,  in  eveiy  such  case,  the  same  power  is  herebj'  given  to 
each  of  the  courts  aforesaid,  as  by  this  act  is  provided  where  the  de- 
ficient clerks  or  registers  ma}-  be  dead ;  and  eveiy  person  that  has  been 
clerk  or  register,  and  hath  been  and  still  continues  deficient  as  afore- 
said, shall  be  liable  and  hereby  is  subjected  to  pay  all  such  costs  and 
charges  as  may  arise  from  such  his  neglect ;  and  the  surviving  clerk 
or  register  is  hereby  impowered  and  enjoined  to  prosecute  for  and  re- 
cover the  same.     \_Passed  Jane  15.* 


CHAPTER  13. 

AN  ACT  TO  [E][/]MPOAVER  THE  PROVINCE  TREASURER  TO  DRAW 
BILLS  OF  EXCHANGE  UPON  THE  AGENT  OF  THE  PROVINCE  IN 
GREAT  BRITAIN. 


Preamhie.  Whereas  the  parliament  of  Great  Britain  has  made  a  grant  of  one 

hundred  and  thirt3'-three  thousand  three  hundred  and  thirtj-'three 
pounds  six  shillings  and  eightpence  sterling,  to  enable  his  majesty'  to 
recompence  his  northern  colonies  in  America,  for  theii'  militaiy  services 
in  the  jear  one  thousand  seven  hundred  and  sixty-one,  a  proportion  of 
which  grant  it  is  expected  is  already  assigned  this  province, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 
Province  treas-         [Sect.    1.]      That  the  proviiicc   treasurer  be   and  he    hereby  is 
urer  empowered    fel  rtlnipowered  and  directed  to  draw  bills   of  exchange   on  Jasper 

to  draw  bills  of      -tr-' "- t    ./-r-,rri  ^^  -i  •  •      /~\         ,.  x>   ••.    •  •  e 

exchange.  Mauduit,  Esq^.,  agent  for  said  province  in  Great  Britain,  or,  in  case  ot 

his  being  prevented  by  death,  absence,  or  any  other  way,  on  Richard 
Jackson,  jun^''^.,  Esq'^'^.,  for  a  sum  not  exceeding  thirty-five  thousand 
pounds  ;  and  the  said  bills  shall  be  drawn  on  the  following  conditions  ; 
viz^'^.,  that  for  every  hundred  pounds  sterling  for  which  such  bills  shall 
be  drawn,  one  hundred  and  thirty-six  pounds  lawful  money  of  this  prov- 
ince shall  be  paid  into  the  province  treasury ;  that  such  bills  shall  be 
drawn  payable  to  the  persons  purchasing  the  same,  or  to  their  order,  at 
thirt}'  da^'s'  sight ;  but  if  the  province  agent,  or,  in  case  of  his  beii^r;  \)yq- 

*  Signed  June  16,  accordine;  to  the  record. 


[1st  Sess.]  Provestce  Laws. — 1763-64. 


663 


vented  b^^  death,  absence,  or  an}-  other  way,  Richard  Jackson,  jun'^'"^., 
Esqf''^.,  at  the  exph-ation  of  thirty  da3-s,  shall  not  have  received  the 
province's  proportion  of  the  grant,  then  interest  shall  be  allowed,  from 
the  expiration  of  said  thirty  da^s,  at  the  rate  of  six  per  cent  per  an- 
num ,  until  paid ;  and  such  bills  shall  not  be  protested  until  twelve 
months  shall  be  expired  from  their  respective  dates  ;  and  in  case  of 
their  being  returned  protested,  after  the  expiration  of  said  twelve 
months,  the  province  treasurer  shall  repay  the  sums  received  into  the 
treasury  for  such  bills,  with  lawful  interest  from  their  respective  dates, 
but  shall  not  be  liable  to  pay  any  loss  or  damages  on  account  of  the 
protesting  such  bills  :  said  bills  to  be  of  the  form  following  ;  viz"^'^.,  — 


sterling.     (No,     ),  Boston, 


Exchange  for  £ 

Sir, 

At  thirty  days'  sight  of  this  my  first  per  exchange  (second,  third  and  fourth, 
of  the  same  tenor  and  date,  unpaid),  pay  unto  ,  or  order, 

pounds  sterling,  for  value  received,  and  charge  it  to  the  prov- 
ince of  the  Massachusetts  Bay ;  but  if  it  is  not  paid  at  said  thu-ty  days'  sight, 
then  pay  interest  on  that  sum,  from  the  expiration  of  said  thirty  days  until 
paid,  at  the  rate  of  six  pounds  per  cent  per  annum  ;  and  if  this  bill  and  interest 
is  not  paid  hi  one  year  from  the  date  hereof,  I  hereby  oblige  myself,  and 
successors  in  the  office  of  treasurer  of  the  province  of  the  IVIassachusetts  Bay, 
to  pay  said  bill,  with  interest  from  the  date  of  it,  at  the  above  rate,  until 
paid,  when  it  shall  be  returned  with  a  protest  into  the  office  aforesaid,  but  no 
other  charges  or  damages :  provided,  that,  if  payment  shall  not  be  demanded 
within  six  months  after  the  date  of  said  protest,  the  interest  shall,  from  that 
time,  determine  and  cease. 

H.  G.,  Province  Treasm-er. 

To  Jasper  Mauduit,  Esq^^'l,  agent  for  the  jirovince  of  the  Massachusetts 
Bay,  in  London,  or,  in  case  of  his  death  or  absence,  to  Richard  Jackson,  iun'^'^., 
Esq^'J. 

And  he  it  further  enacted, 

[Sect.  2.]  That  the  province  treasurer  shall  and  he  hereby  is  di- 
rected to  prepare,  forthwith,  a  roll  for  receiving  subscriptions  for  the 
bills  aforesaid,  of  which  he  shall  give  public  [k]  notice,  that  all  persons 
inclining  may  become  subscribers.  And  the  said  subscription-roll  shall 
l[y][i]e  open  to  be  subscribed,  until  the  first  day  of  July,  one  thousand 
seven  hundred  and  sixty-three  ;  at  which  time,  if  a  greater  sum  than 
thirty-five  thousand  pounds,  aforesaid,  shall  be  subscribed,  each  sub- 
scriber shall  be  intitled  to  such  a  part  of  said  proportion,  in  bills,  as 
his  particular  subscription  shall  bear  to  the  whole  sum  subscribed. 

Provided,  always, — 

[Sect.  3.]  That  no  person  shall  be  permitted  to  subscribe  for  more 
than  seven  hundred  pounds  sterling,  or  less  than  fifty  pounds  sterling ; 
nor  shall  any  persons  be  admitted  to  subscribe,  but  such  as  are  inhab- 
itants of  this  province,  until  the  said  first  daj^  of  July  next,  when,  if  the 
sum  subscribed  shall  appear  to  be  less  than  the  thirty-five  thousand 
pounds  aforesaid,  anj'  persons  whatsoever  shall  be  allowed  to  become 
subscribers  for  the  remainder,  and  in  such  sums  as  they  may  think 
proper,  preference  being  given  to  the  inhabitants  of  this  province. 

And  be  it  farther  enacted, 

[Sect.  4.]  That  if  the  sums  subscribed,  as  aforesaid,  shall  not  be 
paid  into  the  province  treasury  within  twenty  days  after  public [k]  no- 
tice, given  by  the  treasurer,  in  all  the  Boston  newspapers,  that  he  is 
ready  to  draw  the  bills  as  aforesaid,  then  he  shall  allow  any  person  or 
persons  whatsoever  to  become  subscribers  in  room  of  those  who  shall 
neglect  to  pay  their  subscriptions  until  the  expiration  of  the  twenty 
days  aforesaid  ;  and  such  new  subscriber[s]  shall  be  intitled  to  such  bills 
upon  their  paying  for  them  at  the  rate  aforesaid.  \_Passed  June  15,* 
1763. 

*  Signed  June  16,  according  to  the  record. 


1763.    Form  of  the  bill. 


Treasurer  to 
open  a  Bubscrip*"; 
tion. 


Proviso  limiting 
the  sum  to  be 
subscribed,  and 
to  the  inhabit- 
ants of  this 
province. 


Any  person  may 
subscribe  after 
1st  July. 


664: 


PROVINCE  Laws. — 1763-64.     [Chaps.  14, 15.] 


CHAPTER    14. 

AN  ACT  TO  ENABLE  THE  PROPRIETORS  AND  INHABITANTS  OF  THE 
TOWN  OF  TYRINGHAM,  IN  THE  COUNTY  OF  BERKSHIRE,  TO 
RAISE  AND  COLLECT  MONIES  FOR  DEFREYING  PAST  AND  FUTURE 
CHARGES,  UPON  AND  FROM  THE  PROPRIETORS  OF  LANDS  LYING 
IN  THE   SAME  TOWN. 


Pream'ble. 


Proprietors  of 
Tyringhara  en- 
abled to  raise 
and  collect 
money. 


Non-resident 
proprietor's 
lands  subjected 
for  payment. 


Whereas  several  sums  of  money  have  been  heretofore  granted  by  the 
proprietors  of  lands  in  the  town  of  Tyringham,  and  other  and  further 
sums  are  and  ma}'  be  needed,  to  defre}'  the  necessary-  charges  of  the 
proprietors  of  said  lands,  which  charges  arose  before  the  incorporation 
of  said  lands,  and  the  inhabitants  thereof,  into  a  town  ;  and  loliereas 
there  are  sundry  proprietors  of  lands  contained  in  said  town,  who  have 
not  fulfilled  the  orders  of  the  general  court  in  settling  their  lands  in 
said  town,  to  the  great  detriment  thereof, — 

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

[Sect.  1.]  That  the  proprietors  of  the  said  town  of  T^-ringham  be 
and  the}'  hereby  are  as  fully  authorized  and  [e][i]mpowered  to  proceed 
to  raise,  lev}^  and  collect  all  such  sum  and  sums  of  mone}'  already 
granted,  or  that  hereafter  may  be  granted,  by  the  said  proprietors,  for 
the  defre3'ing  the  charges  aforesaid,  as  before  the  incorporation  of  said 
lands,  and  inhabitants  thereof,  into  a  town,  they  lawfully  might  or  could 
do. 

And  he  it  further  enacted, 

[Sect.  2.]  That  each  non-resident  proprietor  of  lands  in  said  town, 
who  hath  not  fulfilled  the  terms  and  conditions  of  his  grant  and  right  in 
said  town,  according  to  the  order  of  the  general  court,  be  subjected 
to  the  paj-ment  of  a  tax  of  twopence  per  acre,  per  annum,  of  his  lands 
in  said  town,  until [/]  he  shall  have  fulfilled  the  terms  and  conditions  of 
settlement  aforesaid  ;  and  the  assessors  of  the  town  of  T3'ringham  are 
he'reb}'  [e][t]mpowered  to  assess  the  same  accordingly',  and  to  improve 
the  same  for  defreying  the  necessary  charges  of  said  town  :  and  each 
of  the  said  non-resident  proprietors'  lands  shall,  in  case  of  non-payment 
of  such  tax,  be  Hable  to  be  sold  for  tlie  payment  thereof,  as  by  law  is 
directed  in  case  of  the  sale  of  lands  for  taxes,  in  new  townships  within 
this  province.     [^Passed  June  15,*  1763. 


CHAPTER    15. 

AN  ACT  TO  INCORPORATE  THE  NORTH  PRECINCT  IN  EASTHAM  INTO 
A  DISTRICT.  BY  THE   NAME   OF  WELLFLEET. 


Preamble. 


Bounds  of  the 
district  of  Well- 
fleet. 


Whereas  the  inhabitants  of  the  north  precinct  in  Eastham,  in  the 
county  of  Barnstable,  have  represented  to  this  court  the  great  diflJcul- 
ties  and  inconvenienc[i]es  they  labour  under  in  their  present  situation, 
and  have  earnestly  requested  that  they  may  be  incorporated  into  a  dis- 
tinct district, — 

Be  it  therefore  enacted  hy  the  Governor,  Council  and  House  of 
Representatives, 

[Sect.  1.]  That  the  north  precinct  in  Eastham,  in  the  county  of 
Barnstable,  according  to  the  known  bounds  of  said  precinct,  be  and 
hereb}'  is  incorporated  into  a  district  by  the  name  of  Wellfleet,  except- 

*  June  16,  according  to  the  record. 


[1st  Sess.]  Peovince  Laws.— 1763-64.  665 

ing  the  estate  of  Silvanus  Snow,  and  the  inhabitants  dwelling,  or  who 
shall  dwell,  thereon,  which  are  to  remain  to  the  town  of  Easthani,  and 
to  the  south  precinct  in  said  town :  said  Snow  paying  his  part  or  pro- 
portion of  all  past  taxes  in  the  said  north  precinct,  that  remain  unpaid  ; 
and  that  the  said  district  be  and  hereby  is  invested  with  all  the  privi- 
ledges,  powers  and  immunities  that  towns  in  this  province  do  or  ma}" 
enjoy,  excepting  the  priviledge  of  chus[e]ing  a  representative  to  repre- 
sent them  in  the  great  and  general  court,  in  chus[e]ing  of  whom,  the 
inhabitants  of  said  district  shall  join  with  the  inhabitants  of  the  said   To  join  with 
town  of  Eastham,  as  heretofore  hath  been  usual,  and  also  in  paying  Jho[c^eTf\°eprt 
said  representative  ;  the  selectmen  of  the  town  of  Eastham,  from  time   ecntatives. 
to  time,  to  warn  the  inhabitants  of  said  district,  of  the  time  and  place 
of  the  meeting  for  the  choice  of  a  representative,  by  issuing  their  war- 
rant to  one  or  more  of  the  constables  of  the  said  district,  requiring  them 
to  warn  and  give  public  [A;]  notice  thereof  to  the  said  inhabitants. 

Provided^  nevertheless^ — 

FSect.  2.1     The  said  district  shall  pay  their  proportional  part  of  all  Proviso  respect. 

L       ^J  .  ,  11  1  ing  taxes  and 

such  town,  count}'  and  pi'ovnice  charges  as  are  already  assessed  upon  priviiegea. 
the  town  of  Eastham,  and  also  reserving  to  the  inhabitants  of  said 
town  the  priviledges  by  them  heretofore  enjo3ed — of  all  wajs  to,  and  of 
erecting  houses  on,  the  beaches  and  islands,  for  the  conveniencj'  of  the 
fishery,  of  all  kinds ;  and  of  anchorage,  and  of  landing  all  goods  or 
wares  at  any  of  their  common  landing-places  in  any  of  the  harbours  of 
said  Eastham — in  lilvc  manner  as  the}'  might  have  done  if  this  act  had 
never  been  made  and  passed. 

And  he  it  further  enacted, 

[Sect.  3.]     That  John  Freeman,  Esq^''^.,  be  and  hereby  is  impowered  First  district- 
to  issue  his  warrant  to  some  principal  inhabitant  of  the  said  district,   darnel.'  *° 
requiring  him  to  call  the  first  meeting  of  the  said  inhabitants,  in  order 
to   ch[u][oo]se   such   officers   as   by   law   towns    are    impowered    to 
ch[u][oo]se  in  the  month  of  March,  annually.     \_Passed  June  16. 


CHAPTER    16. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  THIR- 
TY-SIX THOUSAND  SIX  HUNDRED  AND  THIRTY-FIVE  POUNDS,  TO 
BE  THENCE  ISSUED  FOR  DISCHARGING  THE  PUBLIC  DEBTS,  AND 
DRAWING  THE   SAME  INTO  THE  TREASURY  AGAIN. 

Whereas  it  is  necessary  that  provision  be  made  by  the  general  court  Preamble, 
for  discharging  the  debts  of  the  present  and  preceeding  years, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]     That  the  treasurer  of  the  province  be  and  [lie']  hereby  is  Treasurer 
impowered  and  directed  to  borrow,  from  such  person  or  persons  as  shall  borrow^^se.^s. 
be  willing  to  lend  the  same,  from  time  to  time,  as  he  slaall  have  occa- 
sion  for  the   money,   a   sum   not   exceeding   thirty-six   thousand   six 
hundred  and  thirty-five  pounds,  in  mill'd  dollars  at  six  shillings  each, 
or  in  the  several  species  of  coined  silver  and  gold  enumerated  in  an  act, 
made  and  passed  in  the  twentj'-third  j'ear  of  his  late  majesty  King 
George  the  Second,  intituled  "An  Act  for  ascertaining  the  rates  at  1749-50, chap 
which  coined  silver  and  gold,  English  halfi)ence  and  farthings,  may  pass 
within  the  government ;  "  and  the  sum  so  borrowed  shall  be  applied  in 
manner  as  in  this  act  is  hereafter  directed :  and  for  the  said  sum  the 
treasurer  shall  give  his  receipt  or  obligation  in  the  form  following : — 


666 


Peovince  Laws.— 1763-64.  [Chap.  16.] 


Begulation  of 
the  sura,  and 
manner  of  issu^ 
ins;  the  notes. 
1761-62,  chap. 
23. 


rorm  of  the  Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D. 

note.  Borrowed  and  received  of  the  sura  of  ,  for  the  use  and 

service  of  the  province  of  the  Massachusetts  Bay ;  and,  in  behalf  of  said  prov- 
ince, I  do  hereby  promise  and  obhge  myself  and  successors  in  the  otfice  of 
treasm'er,  to  repay  the  said  or  to  his  order,  the  sixteenth  day 

of  June,  A.D.  one  thousand  seven  hundred  and  sixtj^-five,  the  aforesaid  sum  of 
,  in  Spanish  mill'd  dollars  at  six  shillings  each,  or  in  the  several 
species  of  coined  silver  and  gold  enumerated  in  an  act,  made  and  passed  in  the 
twenty-third  year  of  his  late  majesty  King  George  the  Second,  intituled  "  An 
Act  for  ascertaining  the  rates  at  which  coined  silver  and  gold,  English  half- 
pence and  farthings,  may  pass  within  the  government,"  and  according  to  the 
rates  therein  mentioned,  with  interest,  annually,  at  six  per  cent. 

Witness  my  hand.  H.  G.,  Treasurer. 

A.  B.,S 

C.  D.,  >•  Committee. 
E.  F.,) 

— and  no  receipt  shall  be  given  for  less  than  six  pounds. 

[Sect.  2.]  And  the  treasurer,  in  issuing  said  receipts  or  obligations, 
and  the  committee  chosen  to  countersign  them,  shall  observe  and  be 
governed  by  the  rules  and  directions  given  them  b}'  an  act  of  this  prov- 
ince, made  in  the  second  ^-ear  of  his  present  majestj^'s  reign,  intituled 
"  An  Act  to  supply  the  treasury  with  the  sum  of  twentj-'five  thousand 
pounds." 

And  be  it  farther  enacted^ 
Appropriations,  [Sect.  3.]  That  the  aforesaid  sum  of  thirty-six  thousand  six  hun- 
dred and  thirt3--five  pounds,  when  received  into  the  treasury,  shall  be 
issued  in  the  manner  and  for  the  purposes  following ;  that  is  to  sa}',  the 
sum  of  eighteen  thousand  six  hundred  and  forty  pounds,  part  of  the 
aforesaid  sum  of  thirty-six  thousand  six  hundred  and  thirty-five  pounds, 
shall  be  applied  for  compleating  the  pa3'ment  of  the  forces  employed  by 
this  government  in  the  year  one  thousand  seven  hundred  and  sixt^'-two  ; 
and  the  further  sum  of  four  thousand  and  five  hundred  pounds,  part  of 
the  aforesaid  sum  of  thirty-six  thousand  six  hundred  and  thirt3--five 
pounds,  shall  be  applied  for  the  pa3'ment  of  the  expences  of  the  several 
forts"  and  garrisons  within  this  province  ;  and  the  further  sum  of  two 
thousand  and  five  hundred  pounds,  part  of  the  aforesaid  sum  of  thirty- 
six  thousand  six  hundred  and  thirt3--five  pounds,  shall  be  applied  for 
purchasing  provisions,  and  the  commissary's  disbursements  for  the  ser- 
vice of  the  several  forts  and  garrisons  within  this  province  ;  and  the 
further  sum  of  five  thousand  and  five  hundred  pounds,  part  of  the  afore- 
said sum  of  thirt3'-six  thousand  six  hundred  and  thirty-five  pounds, 
shall  be  applied  for  the  payment  of  the  grants  made  or  to  be  made  by 
this  court ;  and  the  further  sum  of  three  thousand  pounds,  part  of  the 
aforesaid  sum  of  thirt3'-six  thousand  six  hundred  and  thirty-five  pounds, 
shall  be  applied  for  the  discharge  of  debts  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  establishment  nor  any  cer- 
tain sum  assigned  them  for  that  puri)ose,  and  for  paper,  writing  and 
printing  for  this  court,  and  repairs  of  the  province-house,  court-house, 
lighthouse,  wood  at  Castle  William,  and  repairs  of  fortifications  within 
this  province  ;  and  the  further  sum  of  two  thousand  pounds,  part  of  the 
aforesaid  sum  of  thirt3'-six  thousand  six  hundred  and  thirt3--five  pounds, 
shall  be  applied  for  the  pa3'ment  of  his  majest3''s  council  and  the  mem- 
bers of  the  house  of  representatives  serving  in  the  great  and  general 
court  during  the  several  sessions  of  the  present  year ;  and  the  further 
sum  of  two  hundred  and  ninet3'-five  pounds,  part  of  the  aforesaid  sum 
of  thirt3'-six  thousand  six  hundred  and  thirt3'-five  pounds,  shall  be  ap- 
plied for  the  pa3-ment  of  the  charge  of  maintaining  armed  vessels  of 
war  belonging  to  this  province  ;  and  the  further  sura  of  two  liundred 


[1st  Sess.] 


Province  Laws. — 1763-64. 


661 


pounds,  being  the  remainder  of  the  said  sum  of  thirty-six  thousand  six 
hundred  and  thirt3'-five  pounds,  shall  be  applied  to  pa}'  such  contingent 
and  unforeseen  charges  as  maj'  arise,  and  for  no  other  purpose  what- 
soever. 

And  in  order  to  draw  said  money  into  the  treasury  again,  and  enable 
the  treasurer  effectuall}'  to  discharge  the  receipts  and  obligations  (with 
the  interest  that  vaay  be  due  thereon)  by  him  given  in  pursuance  of  this 
act, — 

Be  it  enacted, 

[Sect.  4.]  That  there  be  and  hereb}-  is  granted  unto  his  most  ex- 
cellent majest}'  a  tax  of  fort3'-one  thousand  and  thirt^'-one  pounds  four 
shillings,  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  this  province,  as  shall  be 
agreed  on  and  ordered  b}'  the  general  court  or  assembly  at  their 
sessions  in  May,  one  thousand  seven  hundred  and  sixty-four,  and 
to  be  paid  into  the  public  treasury  on  or  before  the  thirtieth  da}'  of 
March,  A.D.  one  thousand  seven  hundred  and  sixty-five. 

And  he  it  farther  enacted, 

[Sect.  5.]  That  if  the  general  court,  at  their  sessions  in  Ma}',  one 
thousand  seven  hundred  and  sixty-four,  and  some  time  before  the  twen- 
tieth day  of  June,  in  said  year,  shall  not  agree  and  conclude  upon  an 
act  apportioning  the  sums  which  by  this  act  are  engaged  to  be  paid  in 
said  year,  apportioned,  assessed  and  levied,  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  sum  as  the  said  towns  and  districts  were 
taxed  by  the  general  court  in  the  tax  act  then  last  prececding. 

[Sect.  6.]  And  the  province  treasurer  is  hereby  fully  impowered 
and  directed,  some  time  in  the  month  of  July,  in  the  same  year,  one 
thousand  seven  hundred  and  sixty-four,  to  issue  and  send  forth  his 
warrants,  directed  to  the  assessors  or  selectmen  of  each  town  and  dis- 
trict within  this  province,  requiring  them  to  assess  the  polls,  and  es- 
tates both  real  and  personal,  within  their  several  towns  and  districts,  for 
their  respective  parts  and  pro])ortions  of  the  sums  before  directed  and 
engaged  to  be  assessed,  to  be  paid  into  the  treasury  on  the  aforemen- 
tioned time;  and  the  assessors,  as  also  persons  assessed,  shall  observe, 
be  governed  by,  fvnd  subject  to,  all  such  rules  and  directions  as  shall 
have  been  given  in  the  last  preceeding  tax  act. 

And  he  it  further  enacted, 

[Sect.  7.]  That  the  treasurer  pay  the  sum  of  thirty-six  thousand 
six  hundred  and  thirty-five  pounds  out  of  such  appropriations  as  shall 
be  directed  by  warrant,  and  no  other ;  and  the  secretary  to  whom  it 
belongs  to  keep  the  muster-rolls  and  accounts  of  charge,  shall  lay  before 
the  house  of  representatives,  when  they  direct,  such  muster-rolls  and 
accounts,  after  payment  thereof. 

Provided,  always, — 

[Sect.  8.]  That  the  remainder  of  the  sum  which  shall  be  brought 
into  the  treasury  by  the  taxes  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,  to  be  applied  as  the  general  court  of  this  province  shall  here- 
after order,  and  to  no  other  purpose  whatsoever.     [Passed  June  16. 


Tax  of  £41,031 
4$. 


To  be  paid  as  In 
the  last  preced- 
ing tax  act,  in 
case. 


Money  to  be 
paid  out  of  tba 
proper  appro- 
priations. 


Proviso. 


668 


ir^EOViNCE  Laws.— 1763-64.  [Chaps.  17, 18.] 


ACTS 

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

1763-  

CHAPTEE    17. 


AN  ACT    TO    PREVENT,  IF  POSSIBLE,    THE    FURTHER    SPREADING    OF 
THE  SMALL-POX  IN  THE  TOWN  OF  BOSTON. 

Preamble.  "Whereas  it  is  represented  to  this  court  that  there  is  still  hope  that 

the  spreading  the  small-pox  in  the  town  of  Boston  may  be  prevented,  if 
due  care  be  taken,  inasmuch  as  the  families  visited  with  that  distemper 
generally  live  in  the  same  neighbourhood, — 

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

[Sect.  1.]  That  all  persons  iu  the  said  town  shall  be  held  and 
bound  to  observe  all  the  directions  of  the  law  of  this  province,  made 
in  the  sixteenth  year  of  his  late  majesty's  reign,  intitled  "  An  Act  to 
prevent  the  spreading  of  the  small-pox  and  other  infectious  sickness, 
and  to  prevent  the  concealing  the  same,"  and  under  all  the  penalties  in 
the  said  act  contained,  until  that  thirty  families  are  known  to  be  visited 
in  the  said  town,  at  one  time,  with  that  distemper. 

[Sect.  2.]  And  no  person  shall  presume  to  inoculate  or  be  inocu- 
lated in  the  said  town  without  the  leave  of  the  major  part  of  the  select- 
men, in  writing,  at  their  meeting  for  such  purpose,  until  that  thirty 
families  are  known  to  be  visited  with  the  said  distemper  at  one  time, 
unless,  before  that  time,  the  selectmen  of  the  said  town  shall  give  pub- 
lic notice  that  they  have  no  hope  to  stop  the  progress  of  the  said  dis- 

Penaity.  temper,  on  the  penalty  of  fifty  pounds,  to  be  recovei'^d  and  applied  as 

in  said  act  is  mentioned ;  and  the  selectmen  of  said  town  are  hereby 
required,  so  soon  as  the  number  of  thirty  families  shall  be  visited  with 
that  distemper,  to  give  notice  thereof  in  the  several  Boston  newspapers, 
for  the  information  and  satisfaction  of  such  as  are  minded  to  be  inocu- 
lated. 

Limitation.  [Sect.  3.]     This  act  to  continue  and  be  in  force  for  two  months  from 

the  twentieth  day  of  January,  one  thousand  seven  hundred  and  sixty- 
four,  and  no  longer,     [^Passed  January  20,*  1764. 


Act  of  George 
II.,  further 
extended. 
1742-43,  chap. 
17. 


No  person  to 
be  inoculated 
until  thirty 
families  have 
the  small-pos. 


CHAPTEE    18. 


Preamble. 


AN  ACT  TO  ENABLE  THE  COLLECTORS  OF  TAXES  IN  THE  TOWN  OF 
BOSTON  TO  SUE  FOR  AND  RECOVER  THE  RATES  AND  TAXES  GIVEN 
THEM  TO  COLLECT,  IN  CERTAIN  CASES. 

Whereas,  notwithstanding  the  provision  already  made  by  the  laws  of 
this  province  respecting  constables  and  collectors  of  taxes,  it  is  repre- 

*  February  4,  according  to  the  record. 


[2d  Sess.] 


Province  Laws. — 1763-64:. 


669 


seated  that  in  many  cases  there  may  be  a  failure,  and  tlie  town  of  Bos- 
ton have  humbly  desii-ed  that  remedy  may  be  provided  for  then-  collectors 
in  those  cases, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Represen  tatives, 

[vSect.  1.]     That  where  any  person  dulj'  rated  in  the  said  town,  hath  in  what  cases 
absconded,  or  shall  abscond,  not  having  paid  such  rates,  and  hath  con-  tax^  in  BCston 
cealed,  or  shall  conceal,  his  goods  and  estate,  in  such  cases  the  collect-  m'^y  sue  for  the 
ors  and  constables  of  said  town  shall   have  like  remedy  against  the 
agents,  factors,  or  trustees  of  such  absconding  person,  for  the  recovery 
of  the  rates  and  taxes  given  them  to  collect  of  such  absconding  person, 
as  by  the  laws  of  this  province  other  creditors  have  for  recovery  of 
their  debts. 

And  be  it  further  enacted, 

[Sect.  2.]  That  where  an}-  person  duly  rated  in  the  said  town  hath 
died,  or  shall  die,  before  pa>'ment  of  the  said  rates,  and  where  any  con- 
stable or  collector  of  the  said  town  hath  died,  or  shall  die,  before  he 
hath  collected  the  rates  and  taxes  given  him  to  collect,  and  where  any 
person  duly  rated  in  the  said  towai  hath  removed,  or  shall  remove,  out 
of  it,  into  some  other  town  in  this  province,  and  where  an}'  feme  sole, 
being  duly  rated  in  the  said  town,  hath  intermarried,  or  shall  inter- 
many,  before  payment  of  such  rates,  and  where,  the  time  for  payment 
to  the  respective  treasurers  being  elapsed,  the  collectors  or  constables 
in  the  said  town  shall  have  paid  the  whole  sums  given  them  to  collect  in 
each  year  ;  in  all  such  cases  it  shall  and  may  be  lawful  for  the  collectors 
or  constables  of  the  said  town,  their  executors  and  administrators,  and 
they  are  hereby  [e][i]mpowered,  to  sue  for  such  rates  and  taxes;  and 
they  shall  have  all  the  like  remedies  for  recover}-  thereof,  as  other  cred- 
itors have  for  recovering  their  proper  debts. 

[Sect.  3.]     This  act  to  continue  and  be  in  force  for  two  years  from  Limitation, 
the  first  day  of  Februar}-,  [A.D.  1764]  [o//e  thousand  seven  hundred 
and  sixty-four'],  and  no  longer.     \_Passed  January  28  ;  *  published  Feb- 
ruary 4,  1764. 


CHAPTER    19. 


AN   ACT  FOR   GRiy^TING    UNTO    HIS    MAJESTY    SEVERAL    RATES    AND 
DUTIES   OF   IMPOST   AND   TUNNAGE   OF   SHIPPING. 


We,  his  majesty's  most  dutiful  and  loyal  subjects,  the  representatives  Preamble, 
of  the  province  of  the  Massachusetts  Bay,  in  New  England,  being  de- 
sirous of  lessening  the  publick  debts,  have  chearfuUy  and  unanimously 
given  and  granted,  and  do  give  and  grant,  to  his  most  excellent  majest}', 
for  the  service  of  this  province,  as  they  shall  hereafter  apply  it,  the 
several  duties  of  impost  upon  all  liquors,  wares,  goods  and  merchan- 
dize that  shall  be  imported  into  this  province,  and  tunnage  of  shipping 
hereafter  mentioned  ;  and  pray  that  it  ma}-  be  enacted, — 

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

[Sect.  1.]  That  from  and  after  the  twenty-fifth  da}'  of  March,  one  Rates  of  impost, 
thousand  seven  hundred  and  sixty-four,  to  the  twenty-fifth  day  of 
March,  one  thousand  seven  hundred  and  sixt}-five,  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  by  any  of  the  in- 
habitants thereof  (except  what  is  by  this  act  hereafter  exempted) ,  the 
several  duties  of  impost  following  ;  viz., — 

*  February  4,  according  to  the  record. 


670 


Peovince  Laws. — 1763-64. 


[Chap.  19.] 


Double  imjiost 
to  be  paid  for 
goods  imported 
by  the  inhabit- 
ants of  other 
colonies,  &c. 


Proviso. 


Drawback  of 
the  whole 
impost,  to  the 
exporter,  ia 
case. 


Masters  of 
vessels  to  make 
report. 


To  forfeit,  in 
case  of  breaking 
bulk. 


For  every  pipe  of  wine  of  every  sort,  ten  shillings. 

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

For  ever}'  hogshead  of  sugar,  fourpence. 

For  every  hogshead  of  molasses,  fourpence. 

For  eveiy  hogshead  of  tobacco,  ten  shillings. 

For  every  pound  of  tea  that  shall   be  imported  from  any   of  his 
majest3''s  plantations  in  America,  fourpence. 
—  And  so,  propoitionabl}',  for  a  greater  or  less  quantity. 

And  for  all  other  commodities,  goods  or  merchandize  not  mentioned 
or  not  excepted,  fourpence  for  every  twenty  shillings'  value,  excepting 
such  goods  as  are  imported  fi'om  Great  Britain. 

[Sect.  2.]  And  for  any  of  the  above-mentioned  liquors,  goods, 
wares  and  merchandize  (excepting  tea,  which  shall  only  pa}^  four- 
pence)  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  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  b}-  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, 
mahogany,  brazilleto,  black-walnut,  lignum-vitse,  red-cedar,  logwood, 
hemp,  raw  skins  and  hides,  and  also  all  prize  goods  brought  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 
an}'  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  on  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  officer  of  his  majesty's  customs,  that  the  same  has  been 
landed  in  some  of  the  provinces  or  colonies  aforesaid,  shall  be  allowed 
a  drawback  of  the  whole  duty  of  impost  l)y  him  paid,  or  secured  to  be 
paid,  as  b}'  this  act  provided. 

And  be  it  farther  enacted, 

[Sect.  4.]  That  the  master  of  every  ship  or  vessel  coming  into  this 
province  from  an}'  other  place,  shall,  within  twenty- four  hours  after 
his  arrival  in  an}'  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  or  loading  of  such  ship  or  vessel, 
therein  particularly  expressing  the  species,  kind  and  quantities  of  all 
wines,  liquors,  goods,  wares  and  merchandize  imported  in  any  such  ship 
or  vessel,  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  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 
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,  wares  and  merchandize 
imported  in  such  ship  or  vessel  to  be  unladen  before  report  and  entry 


[2d  Sess.]  Province  Laws.— 1763-64.  671 

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  ^"^^^gglf  ^® 
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  eutr}^  thereof  with 
the  commissioner  aforesaid,  and  produce  an  invoice  of  all  such  goods  as 
pay  ad  valorem,  and  make  oath  before  him  in  the  form  following ; 
viz. , — 

You,  A.  B.,  do  swear  that  the  entry  of  goods  and  merchandize,  by  you  now   Oath, 
made,  exhibits  the  present  value  of  said  goods,  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,  appointed  in  consequence 

of  this  act,  is  hereby  impowered  and  directed  to  administer ;  and  the 

owners  aforesaid  shall  pay  the  said  commissioner,  or  give  security  to  Duties  to  be 

pay,  the  duty  of  impost  by  this  act  required,  before  such  wines,  liquors,   fanding!"'^'^ 

goods,  wares  or  merchandize  be  landed  or  taken  out  of  the  vessel  in 

which  the  same  shall  be  imported. 

[Sect.  7.]  And  no  wanes,  liquors,  goods,  wares  or  merchandize 
that  by  this  act  are  liable  to  pay  impost  or  dut}',  shall  be  landed  on 
any  wharf,  or  in  an}^  warehouse  or  other  place,  but  in  the  day-time 
onl}',  and  that  after  sunrise  and  before  sunset,  unless  in  the  presence 
or  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  vessel  out  of  which  the  same  shall  be  landed  or  put  into 
any  warehouse  or  other  place. 

[Sect.  8.]  And  if  an}-  person  or  persons  shall  not  have  and  pro- 
duce an  invoice  of  the  quantities  of  rum  or  other  liquors  to  him  or 
them  consign'd,  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  hereby'  is  al-  Commissioner 
lowed  to  give  credit  to  such  person  or  persons  whose  duty  of  impost  in  c,.eXt?  '°^''^® 
one  vessel  shall  not  exceed  six  pounds  :  which  credit  shall  be  so  limited 
as  that  he  shall  settle  and  ballance  his  accompts  with  every  person,  on 
or  before  the  twenty-sixth  day  of  March,  one  thousand  seven  hundred 
and  sixty-five,  that  the  said  accompts  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  shiUings,  the  said  commissioner  shall  not  demand 
anything,  and  not  more  than  sixpence  for  any  other  single  entry,  to  what 
value  soever. 

And  he  it  further  enacted, 

[Sect.  10.]     That  the  importer  of  all  wines,  liquors,  goods,  wares  [.^^^^^.^^^^  ^^ 
and  merchandize,  from  and  after  the  twenty-fifth  day  of  March,  one  in  smaii  vessels, 
thousand  seven  hundred  and  sixty-four,  and  until  the  twenty-sixth  day  to  make  report, 
of  March,  one  thousand  seven  hundred  and  sixty-five,  by  land-carriage, 
or  in  small  vessels  and  boats,  shall  make  report  and  deliver  a  manifest 
thereof  to  the  commissioner  aforesaid  or  his  deputy,  tlierein  particu- 
larly 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,  or  secure  to  be  paid,  the 
several  duties  aforesaid  by  this  act"  charged  and  chargeable  upon  such 


672 


PROVINCE  Laws. — 1763-64. 


[Chap.  19.] 


Allowance  for 
leakage. 


Master  allowed 
to  detain  goods 
not  entered,  or 
the  duty  not 
paid. 


Master  liable  to 
be  sued. 


Bhips,  &c., 
liable  to  be 
talien  in  execu- 
tion. 


wines,  liquors,  goods,  wares  and  merchandize,  before  tlie  same  are 
landed,  housed,  or  put  into  an}^  store  or  place  whatsoever. 

And  be  it  further  enacted, 

[Sect.  11.]  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-thirds  thereof 
leaked  out,  shall  be  accounted  for  outs,  and  the  merchant  or  importer 
shall  pay  no  duty  for  the  same.  And  no  master  of  any  ship  or  vessel 
shall  suffer  an}-  wines  to  be  tilled  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  that  port,  on 
pain  of  forfeiting  the  sum  of  one  hundred  pounds. 

[Sect.  12.]  And  if  it  ma}-  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  com- 
missioner or  receiver  that  the  same  hath  not  been  landed  above  that 
time,  the  duties  and  impost  paid  for  such  wines  shall  be  repay ed  unto 
the  importer  thereof. 

And  he  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  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  b^^  the  person  or 
persons  to  whom  such  wines,  liquors,  goods,  Avares  or  merchandize  are 
or  shall  be  consigned.  And  it  shall  and  may  be  lawful,  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  certificate,  from  the 
commissioner  or  receiver  of  impost,  that  the  duty  for  the  same  is  paid, 
and  until  he  be  repaid  his  necessaiy  charges  in  securing  the  same  ;  or 
such  master  may  deliver  such  wines,  liquors,  goods,  wares  and  mer- 
chandize as  are  not  entered,  unto  the  commissioner  or  receiver  of  im- 
post in  such  port,  or  his  order,  who  is  hereby  impowered  and  directed 
to  receive  and  keep  the  same,  at  the  ovvner'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  merchandize  as  such  mas- 
ter shall  direct. 

And  he  it  further  enacted, 

[Sect.  14.]  That  the  commissioner  or  receiver  of  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  re- 
main 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,  whereb}-  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  mer- 
chandize. 

And  he  it  further  enacted, 

[Sect.  15.]  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 


[2d  Sess.] 


Pkovince  Laws. — 1763-64. 


673 


act,  for  an}'  such  default,  as  also  to  make  good  the  impost  or  duty  for 
all  wines,  liquors,  goods,  wares  and  merchandize  not  entered  as  afore- 
said, or  for  which  the  dut}'  of  impost  have  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  sufficient  to 
satisfy  said  judgment,  may  be  taken  b}'  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  an}'  of  the  said  forfeitures,  or  for  the  dut}'  aforesaid  ;  to 
the  intent,  that  if  judgment  be  rendered  for  the  prosecutor  or  informer, 
such  ship  or  vessel  and  appurtenances  may  be  exposed  to  sale,  for  sat- 
isfaction 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'  to  the  commissioner  or  re- 
ceiver of  impost  that  seized  the  same,  to  respond  or  satisfy  the  sum  or 
value  of  the  forfeitures  and  duties,  with  the  charges,  that  shall  be  recov- 
ered against  the  master  thereof,  upon  such  suit  to  be  brought  for  the 
same  as  aforesaid  ;  and  the  master  occasioning  such  loss  or  damage 
unto  the  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  an}'  master  of  any  ship  or 
vessel  outward  bound,  until  he  shall  be  certified,  by  the  commissioner 
or  receiver  of  impost,  that  the  duty  and  impost  for  the  goods  last  im- 
ported iu  such  ship  or  vessel  are  paid  or  secured  to  bo  paid. 

[Sect.  17.]  And  the  commissioner  or  receiver  of  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  be- 
long 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  for  the  more  effectual  preventing  any  wines,  rum  or  other  dis- 
tilled spirits  being  brought  into  the  province  from  the  neighbouring 
goverimients,  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  or  more  suitable  person  or  persons  as  his  deputy  or  depu- 
ties, 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  iu  this  government ; 
and  such  officer  or  officers  are  also  impowered  to  search,  in  all  suspected 
places,  for  such  wines,  rum  or  otlier  distilled  spirits  or  for  tea  brought 
or  relanded  in  this  government,  where  the  duty  is  not  paid  as  aforesaid, 
and  to  seize  or  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 
power  to  administer  the  several  oaths  aforesaid,  and  search  in  all  sus- 
pected places  for  all  such  wines,  rum,  hquors,  tea,  goods,  wares  and 


Naval  officer 
not  to  clear 
vessels  till  im- 
post be  paid. 


Bills  of  Btore,  to 
be  allowed. 


Commissioner 
to  appoint  offi- 
cers in  places 
•where  wines, 
rum,  &c.,  may 
be  brought  out 
of  other  govern- 
ments. 


Commissioner 
or  deputy 
empowered  to 
administer  the 
oaths,  &c. 


674 


Province  Laws.— 1763-64.  [Chap.  19.] 


The  commis- 
eioner  or  depu- 
ty, upon  infor- 
malion  of  any 
liquors  being 
brought  into 
this  province 
and  the  duty 
not  paid,  to 
apply  to  a  jus- 
tice, for  a  war- 
rant to  search, 
&c. 


Tonnage  of 
shipping. 


Vessels  to  be 
measured,  if 
suspected. 


merchandize  as  are  brought  into  this  pro\dnce,  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  an}'  wines,  rum  or  other  distilled  spirits,  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  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  in- 
formation as  aforesaid ;  and  having  such  warrant,  and  being  attended 
b}'  such  officer,  the  said  commissioner  or  his  deputy  maj^,  in  the  day- 
time, between  sunrise  and  sun-setting,  demand  admittance  of  the  person 
owning  or  occupying  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  deputy,  shall  be  and  hereby  is  impowered  to  command  assistance, 
and  impress  carriages  necessary  to  secure  the  liquors  or  tea  seized  as 
aforesaid  ;  and  any  person  refusing  assistance,  or  preventing  any  of  the 
officers  aforesaid  from  executing  their  office,  shall  forfeit  five  pounds  to 
the  said  commissioner ;  and  he  or  his  deputy  shall  make  reasonable  sat- 
isfaction for  the  assistance  aflTorded,  and  carriages  made  use  of,  to  secure 
the  liquors  or  tea  seized  as  aforesaid  ;  and  the  commissioner  or  his 
deputy  shall  then  file  an  information  of  such  seizure  in  the  inferiour 
court  of  common  pleas  for  the  count}'  wherein  such  seizure  shall  be 
made,  which  court  shall  summon  the  owner  of  such  liquors  or  tea,  or 
the  occupier  of  such  shop,  house  or  warehouse,  or  distill-house  where 
the  same  were  seized,  to  appear  and  shew  cause,  if  an}'  he  has,  why 
such  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  public  vendue ;  and  the  nett  pro- 
duce 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  commis- 
sioner. 

And  he  it  further  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  traffick,  whereof  all  the  owners  are  not  belonging  to  this  province 
(excepting  such  vessels  as  belong  to  Great  Britain,  the  provinces  or 
colonies  of  Pennsylvania,  West  and  East  Jersey,  Connecticut,  New 
York,  New  Hampshire,  Rhode  Island  and  Nova  Scotia) ,  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  governments 
aforesaid,  which  are  hereby  exempted  ;  to  be  paid  unto  the  commissioner 
or  receiver  of  the  duties  of  impost,  and  to  be  employed  for  the  uses 
and  ends  aforesaid. 

[Sect.  22.]  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  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  owner 
or  master  of  such  ship  or  vessel,  before  she  shall  be  cleared,  in  ease  she 
shall  appear  to  be  of  greater  burthen  :  otherwise,  to  be  paid  by  the  com- 
missioner out  of  the  money  received  by  him  for  impost,  and  shall  be 


[2d  Sess.] 


Pkovince  Laws. — 1763-64. 


675 


Drawback  for 
wine,  rum  and 
tea,  allowed,  ia 
case. 


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  paj'able  according  to  this  act. 

A7id  be  it  farther  enacted^ 

[Sect.  23.]  That  when  and  so  often  as  any  wine,  rum  or  tea  im- 
ported into  this  province,  the  aforesaid  dut}^  of  impost  upon  which  shall 
have  been  paid  agreeable  to  this  act,  shall  be  re-shipped  and  exported 
from  this  government  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  Jide,  had 
the  duty  of  impost  aforesaid  paid  on  the  same,  and  shall  afterwards  pro- 
duce 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  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 
verily  believes  no  part  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  follows  ;  viz., — 

For  ever}^  pip^  of  wine,  nine  shillings. 

For  ever}'  hogshead  of  rum,  seven  shillings  and  sixpence. 

And  for  ever}'  pound  of  tea,  fourpence. 

Provided,  always, — 

[Sect.  24.]  That  if,  after  the  shipping  of  such  wines  or  rum  or  tea  Proviso, 
to  be  exported  as  afoi'esaid,  and  giving  securit}'  as  aforesaid,  in  order  to 
obtain  the  drawback  aforesaid,  the  wines  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  an}'  other  province  or  colony,  that  then  all 
such  wine,  ram  and  tea  so  relanded  and  brought  again  into  this  prov- 
ince shall  be  forfeited,  and  may  be  seized  by  the  commissioner  aforesaid 
or  his  deputy. 

And  be  it  further  enacted, 

[Sect.  25.]  That  there  be  one  fit  person,  and  no  more,  nominated  Appointment 
and  appointed  by  this  court  as  a  commissioner  and  receiver  of  the  commusioner.^ 
aforesaid  duties  of  impost  and  tunnage  of  shipping,  and  for  the  inspec- 
tion, care  and  management  of  the  said  office,  and  whatever  relates  there- 
unto, to  receive  commission  from  the  governor  or  commander-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  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  receiver : 
which  said  commissioner  and  receiver  shall  keep  fair  books  of  all  en- 
tries 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 
said  vessel  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 
proAince  (or  any  other  person  or  persons  whom  this  court  shall  ap- 
point) ,  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  commissioner  or  receiver,  and 
his  deputy  or  deputies,  before  their  entering  upon  the  execution  of  their 
said  office,  shall  be  sworn  to  deal  truly  and  faithfull}'  therein,  and  shall 


676 


Pkovince  Laws.— 1763-64.  [Chap.  20.] 


Charges  of  pros- 
ecution, how  to 
be  paid,  in  case. 


Disposition  of 
forfeitures. 


attend  in  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  treasur}^,  at  the  rate  of  sixty  pounds  per  annum ;  and  his 
deputy  or  deputies  shall  receive  for  their  service  such  sums  as  the  com- 
missioner of  impost,  together  with  the  province  treasurer,  shall  judge 
necessary  for  whatever  sums  they  shall  receive  and  pay  ;  and  the  treas- 
urer is  hereby  ordered,  in  passing  and  receiving  the  said  commissioner'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  accnung  or 
arising  in  consequence  of  an^'  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  anj'  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.  28.]  That  from  and  after  the  commencement  of  this  act,  in 
all  causes  wherein  any  claimant  shall  appear,  and  shall  not  make  good 
the  claim,  the  charges  of  prosecution  shall  be  borne  and  paid  b}'  the 
said  claimer,  and  not  by  the  informer.     [^Passed  January  27,*  1764. 


CHAPTER  20. 

AN  ACT  FOR  ERECTING  PART  OF  THE  TOWN  OF  NEWBURY  INTO  A  NEW 
TOWN  BY  THE  NAME  OF  NEWBURYPORT, 


Preamble. 

4  Mass.,  390. 


Bounds  of  New- 
buryport. 


Whereas  the  town  of  Newburj^  is  very  large,  and  the  inhabitants  of 
that  part  of  it  who  dwell  by  the  water-side  there,  as  it  is  commonly 
called,  are  mostly  merchants,  traders  and  artificers,  and  the  inhabitants 
of  the  other  parts  of  the  town  are  chiefly  husbandmen  ;  b}'  means  whereof 
many  difficulties  and  disputes  have  arisen  in  managing  their  public[A;j 
aff'airs, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Bepresenta- 
tives, 

[Sect.  1.]  That  that  part  of  the  [said]  town  of  Newbury,  and  the 
inhabitants  thereof,  included  within  the  following  line  ;  namely,  begin- 
ning at  Merrimack  River,  against  the  north-east  [ward]  [er]ly  end  of  the 
town  way  commonly  called  Cottle's  Lane,  and  running,  as  the  said  lane 
doth,  on  the  east  [ward]  [er]ly  side  of  it,  to  the  highway  commonly 
called  the  High  Street ;  and  so,  west  [ward]  [er]l3-,  as  the  said  highwa}' 
runs,  on  the  north  [ward]  [er]ly  side  thereof,  till  it  comes  to  a  town 
way  known  by  the  name  of  Fish  Street ;  and  thence,  southwest  [ward] - 
[er]ly,  as  the  wa}'  goes,  and  on  the  east  [ward]  [er]ly  side  thereof,  leading 
b}' Benjamin  Moodej^'s,  to  a  place  called  the  West  Indies,  until  it  inter- 
sects a  streight  line  drawn,  from  the  south  [ward]  [er]l3^  side  of  the  high- 
way against  Cottle's  Lane  aforesaid,  to  a  rock  in  the  great  pasture  near 
the  dividing  line  between  the  third  and  fifth  parishes  there  ;  and  so,  as 
the  said  streight  line  goes,  until  it  comes  to  the  dividing  line  aforesaid  ; 
and  from  thence,  as  the  said  dividing  line  runs,  b}^  the  said  fifth  parish, 
down  to  Merrimack  River,  and  thence,  along  said  river,  to  the  place 
first  mentioned, — be  and  hereby  are  constituted  and  made  a  [seperate 

*  February  i,  according  to  the  record. 


[2d  Sess.] 


PEOvmcE  Laws.— 1763-64. 


677 


and]  distinct  town  by  the  name  of  Newburyport,  and  vested  and  en- 
dowed with  all  the  powers,  priviledges  and  immunities  that  the  inhab- 
itants of  any  of  the  towns  within  this  province  do  or  ought  by  law  to 
enjoy :  save  that  the}'  shall  have  the  right  of  chusing  and  sending,  from 
time  to  time,  but  one  person  to  represent  them  in  the  great  and  general 
court  of  this  province. 

And  whereas  the  whole  town  of  Newbury  were,  by  law,  impowered  to 
send  two  representatives  to  the  general  court, — 

Be  it  further  enacted^ 

[Sect.  2.]  That  the  inhabitants  of  the  remaining  part  of  the  town 
of  Newbury  aforesaid,  shall,  for  the  future,  have  a  right  to  chuse  and 
send  no  more  than  one  person  to  represent  them,  from  time  to  time,  in 
the  great  and  general  court  of  this  province  ;  any  law,  usage  or  custom 
to  the  contrary'  notwithstanding. 

And  he  it  farther  enacted., 

[Sect.  3.]  That  the  assessments  heretofore  made  on  the  inhabitants 
of  the  undivided  town  of  Newbury,  bj-  the  assessors,  are  hereby  ratified 
and  confirmed,  notwithstanding  an}'  deficienc}'  therein  ;  and  the  several 
collectors  to  whom  they  were  committed  are  hereby  required  and  im- 
powered to  levy  and  collect  the  same,  anjihing  in  this  act  to  the 
contrary  notwithstanding. 

And  he  it  further  enacted., 

[Sect.  4.]  That  the  selectmen  of  the  undivided  town  of  Newbury, 
who,  from  time  to  time,  have  acted  as  treasurers,  shall  make  a  fair  set- 
tlement and  adjustment  of  their  accounts  ;  and  if  any  ballance  shall  be 
remaining  in  their  hands,  the  inhabitants  of  the  town  of  Newburj^ort 
shall  have  and  receive  their  just  and  due  proportion  thereof;  and  if, 
upon  such  settlement,  the  undivided  town  of  Newbury  shall  be  in 
arrears,  the  inhabitants  of  the  town  of  Newburyport  shall  pay  their 
just  and  due  proportion  thereof. 

And  he  it  further  enacted., 

[Sect.  5.]  That  the  inhabitants  of  Newburyport  shall  pay  to  the 
inhabitants  of  the  sep[e][a]rate  town  of  Newbury,  their  just  and  equal 
proportion  of  the  pubUc[A:]  buildings  that,  on  this  division,  shall  fall 
within  the  limits  of  Newbur^-port  aforesaid ;  and  that  the  inhabitants 
of  the  sep[e][a]rate  town  of  Newbury  shall  pa}-  to  the  inhabitants  of 
Newburyport,  their  just  and  equal  proportion  of  the  public[A;]  buildings 
that,  on  this  division,  are  not  within  the  limits  aforesaid :  the  several 
proportions  aforesaid  to  be  settled  and  adjusted  according  to  the  prov- 
ince tax  which  was  laid  by  the  assessors  next  after  the  last  valuation 
taken. 

And  he  it  further  enacted., 

[Sect.  6.]  That  the  inhabitants  of  Newburyport  shall,  from  time  to 
time,  amend  and  repair  a  certain  bridge  over  the  river  Artichoke,  which 
they  will  have  occasion  frequently  to  pass  and  repass,  altho  the  same 
bridge  is  not  included  within  the  Hmits  of  Newburyport  aforesaid. 

And  be  it  further  enacted, 

[Sect.  7.]  That  nothing  in  this  act  shall  any  way  affect,  change  or 
alter  any  of  the  lines  of  the  several  parishes  within  what  was  heretofore 
the  town  of  Newbury,  but  that  the  same  shall  be  and  remain  as  hereto- 
fore by  law  estabUshed,  anything  in  this  act  to  the  contrary  notwith- 
standing. 

And  be  it  further  enacted., 

[Sect.  8.]  That  the  inferio[?<]r  court  of  common  pleas,  and  the 
court  of  general  sessions  of  the  peace,  by  law  apiwinted  to  be  held  at 
Newbury  on  the  last  Tuesday  of  September  annually,  shall  for  the  fu- 
ture be  "held  in  Newbur}port  on  the  last  Tuesday  of  September  annu- 
ally, and  to  all  intents  and  purposes  shall  be  considered  as  when  held 


Newburyport 
made  a  town. 


Preamble. 


Newbury  to 
Bend  but  one 
representative. 


Assessments 
confirmed. 


Accounts  of  the 
undivided  town, 
to  be  settled. 


Newburyport 
to  pay  towards 
public  build- 
ings. 


Newburyport  to 
keep  in  repair  a 
certain  bridge. 


Lines  of  par- 
ishes not  to  bo 
altered. 


Inferior  court, 
&c.,  to  be  held 
at  Newbury- 
port. 


678 


Peovtnce  Laws.— 1763-64. 


[Chap.  21.] 


in  the  town  of  Newbury  as  aforesaid,  any  law  to  the  contrary  notwith- 
standing. 

And  be  it  further  enacted, 

First  town.  [Sect.  9.]     That  John  Choate,  Esq^^^,  be  and  hereby  is  directed  and 

meeting,  how  to  impowercd  to  issue  his  warrant  to  some  principal  inhabitant  of  Newbury- 

port,  requiring  him  to  notify  and  warn  the  inhabitants  of  the  said  New- 

buryport,  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  oflScers  as  any  of 

the  towns  within  this  province  by  law  have  a  right  to  chuse,  which  oflS- 

cers  shall  take  the  respective  oaths  by  law  required  by  them  to  be  taken. 

And  be  it  farther  enacted, 

Poor  of  the  [Sect.   10.]     That  if  any  pcrson  Or  persons  heretofore  belonging  to 

undivkied  town,   j^jjg  undivided  town  of  Newbury  aforesaid,  and  removed  from  thence, 

ported. and  shall  be  returned  thither  again,  and  become  a  public  [A:]  charge, 

the  same  shall  be  paid  by  the  two  towns  aforesaid,  in  proportion  to  the 
province  tax  laid  on  them  from  time  to  time.  [^Passed  January  28,* 
1764. 


4  Mass.  390. 


CHAPTEE    21. 

AN  ACT  FOR  HOLDING  THE  SUPERIOR  COURT  OF  JUDICATURE,  COURT 
OF  ASSIZE  AND  GENERAL  GOAL  DELIVERY,  AT  CAMBRIDGE,  IN  THE 
COUNTY  OF  MIDDLESEX,  ON  THE  THIRD  TUESDAY  OF  APRIL,  THIS 
PRESENT  YEAR,  INSTEAD  OF  CHARLESTOWN,  IN  THE  SAID  COUNTY, 
ON  THE  LAST  TUESDAY  OF  JANUARY  IN  THE  SAME  YEAR. 


Preamble. 


1742-43,  chap. 
32,  §  2. 


Middlesex  supe- 
rior court,  &c., 
to  be  held  at 
Cambridge  in 
August,  1764. 


All  matters 
which  were  to 
have  been  heard 
in  Mai'ch,  con- 
tinued over  to 
April. 


Whereas,  by  reason  of  the  prevalence  of  the  small-pox  in  the  town 
of  Boston,  it  is  apprehended  that  it  will  be  inconvenient  that  the 
superior  court  of  judicature,  court  of  assize  and  general  goal  deliver}-,  for 
the  county  of  Middlesex,  which  ought,  by  law,  to  be  held  at  Charles- 
town,  in  the  said  county,  on  the  last  Tuesday  of  January  in  this  pres- 
ent year,  should  be  held  at  the  said  time  and  place, — 

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

[Sect.  1.]  That  the  superior  court  of  judicature,  court  of  assize 
and  general  goal  deliver3%  for  the  county  of  Middlesex,  shall  not  be  held 
at  Charlestown,  in  the  said  county,  on  the  last  Tuesday  of  January  in 
the  present  year,  but  shall  be  held  at  Cambridge,  in  and  for  the  said 
count}',  on  the  third  Tuesday  of  April  in  the  same  year  ;  and  all  appeals, 
writs  of  review,  executions  and  all  recognizances,  warrants,  processes, 
matters  or  things  whatsoever  returnable  to,  or  which  might  have  been 
proceeded  on,  adjudged  and  determined  at,  the  said  court,  in  Charles- 
town,  shall  be  in  like  manner  returnable  to,  and  may  in  like  manner  be 
proceeded  on,  adjudged  and  determined  at,  the  said  court,  to  be  held  in 
Cambi'idge  by  virtue  of  this  act ;  and  shall  be  as  valid,  to  all  intents  and 
purposes  in  the  law,  as  if  such  returns  had  been  made  to,  and  such  pro- 
ceedings had  at,  a  court  in  Charlestown,  on  the  last  Tuesday  of  January 
as  aforesaid,  any  law,  usage  or  custom  to  the  contrary  notwithstanding. 

And  be  it  further  enacted, 

[Sect.  2.]  That  all  actions,  causes  and  matters  whatsoever,  by  ap- 
peal from  the  court  of  general  sessions  of  the  peace,  and  inferior  court 
of  common  pleas,  to  be  holden  at  Charlestown,  on  the  second  Tuesday 
of  March  in  this  present  year,  shall  and  may  be  heard,  proceeded  on, 
adjudged  and  determined  at  the  superior  court  of  judicature,  court  of 
assize  and  general  goal  deliver}',  to  be  holden  at  Cambridge,  on  the 
third  Tuesday  of  April  by  virtue  of  this  act,  in  like  manner  as  they 

*  Signed  February  4,  according  to  the  record. 


[2d  Sess.] 


PROvmcE  Laws. — 1763-64. 


679 


might  by  law  have  been  heard,  proceeded  on,  adjudged  and  determined 
at  the  superior  court  of  judicature,  court  of  assize  and  general  goal 
delivery,  which  is  to  be  held  at  Cambridge,  on  the  first  Tuesday  in 
August,  if  this  act  had  not  been  made  and  passed.  [_Passed  January 
28  ;  *  published  February  4,  1764. 


CHAPTER    22. 

AN  ACT  IN  FURTHER  ADDITION  TO  THE  ACTS  OR  LAWS  OF  THIS 
PROVINCE,  RELATING  TO  COMMON  FIELDS,  TO  EXTEND  ONLY  TO 
THE  COUNTY  OF  HAMPSHIRE. 


I 


Whereas  the  provision  made  by  law  for  the  partition  of  common 
fields  has  been  found  ineffectual  for  such  partition  of  many  common 
fields,  in  the  county  of  Hampshire,  as  would  be  beneficial  to  many  pro- 
prietors of  such  fields,  and  not  injurious  to  the  proprietors  in  general, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Representat  ives, 

[Sect.  1.]  That  when  an}'  three  or  more  of  the  owners  or  propri- 
etors of  lots  in  common  fields,  lying  within  one  general  fence  or  inclos- 
ure,  within  said  county  of  Hampshire,  shall  make  application  in  writing, 
under  their  hands,  to  the  proprietors  of  such  common  field,  at  any 
meeting  legall}'  warned  for  that  purpose,  to  have  the  lots  or  parts  of 
the  owners  or  proprietors  so  applying,  or  theirs,  with  other  lots  or  parts, 
when  taken  together,  make  one  entire  field,  to  be  divided  and  sep- 
arated from  the  rest  by  one  common  fence,  and  to  be  improved  as 
a  distinct  and  separate,  but  common,  field  ;  and  the  proprietors,  to 
whom  such  application  shall  be  made,  shall  refuse  their  assent  to  such 
division  or  partition,  it  shall  and  may  be  lawful  for  the  justices  of  the 
court  of  general  sessions  of  the  peace,  for  the  said  county,  upon  appli- 
cation made  to  them,  to  appoint  a  committee  of  five  freeholders,  within 
said  county  (under  oath),  to  make  the  partition  prayed  for,  if  it  shall 
appear  to  such  committee  to  be  expedient ;  and  to  assign  to  each  field 
its  part  or  proportion  of  the  divisional  fence,  by  means  of  the  partition 
aforesaid  to  be  kept  up  and  maintained  by  the  proprietors  of  the 
respective  common  fields  ;  and  the  return  being  made  under  the  hands 
of  the  major  part  of  such  committee,  and  accepted  by  the  said  court  of 
sessions,  the  fields  so  separated  shall  be  considered  as  distinct  and 
separate  common  fields,  and  the  owners  or  proprietors  of  each  field  a 
distinct  and  separate  propriety,  as  fully,  to  all  intents  and  purposes 
whatsoever,  as  the  owners  or  proprietors  of  such  general  field  were 
considered  before  such  partition  were  made. 

Provided^ — 

[Sect.  2.]  That  no  order  for  appointing  a  committee  be  made  until 
the  rest  of  the  proprietors  have  been  duly  notified  of  sucli  application, 
and  opportunity  given  them  to  make  their  objections  thereunto  ;  which 
notice  shall  be  given  bj-  serving  the  clerk  of  such  proprietors  with  a 
copy  of  such  written  application  thirty  da3's  at  least  before  such  order 
or  appointment  be  made  ;  and  ever}'  committee  that  shall  be  appointed 
and  emploj'ed,  as  aforesaid,  shall  make  return  of  their  doings,  in  writ- 
ing, under  their  hands,  unto  said  court,  as  soon  after  as  ma}'  be,  for 
acceptance  and  confirmation  ;  and  the  proprietors  whose  interest  shall 
be  So  set  ofi",  as  well  as  the  remaining  proprietors,  shall  have  and  enjoy 
all  the  powers  and  priviledges  which  the  proprietors  of  general  fields 
are  by  law  vested  withal. 

*  Signed  February  4,  according  to  the  record. 


Preamble. 
1692-93,  ch.  28, 

169(8,  ch.  12,  §  5. 
1712-13,  ch.  9. 
1753-54,  ch.  1. 


Proprietors  in 
common  fields 
may  apply  for 
a  division. 


Court  of  sea- 
Bions  to  ap- 
point five  free- 
holders to  make 
partition : 


provided  other 
proprietors  shall 
be  notified. 


6ao 


Peovince  Laws.— 1763-64.   [Chaps.  23,  24.] 


Limitation. 


[Sect.  3.]  This  act  to  continue  and  be  in  force  five  years  from  the 
first  day  of  February,  one  thousand  seven  hundred  and  sixtj-four,  and 
no  longer.     [^Passed  January  31  ;*  published  February  4,  1764. 


CHAPTER  23. 


Preamble. 


£14,000,  arising 
by  the  excise, 
appropriated. 


Treasurer  to 
pay  out  of  tlie 
appropriation 
directed  to,  by 
warrant. 


AN  ACT  FOE,  SUPPLY  OF  THE  TEEASUEY  WITH  FOUETEEN  THOUSAND 
POUNDS,  AND  APPLYING  THE  SAME  FOR  THE  DISCHAEGE  OF  THE 
PUBLIC  DEBTS. 

Whereas  the  provision  made  by  this  court  to  defrey  the  charges  of 
government,  and  compleat  the  pa3'ment  of  the  troops  employed  by  this 
province  in  the  expedition  for  the  year  1762,  is  insuflScient ;  and 
whereas  the  money  receiv'[e]d  and  to  be  received  in  the  treasur}',  for 
excise  upon  spirituous  liquors  in  the  j^ear  1763,  is  not  appropriated  for 
any  purpose  whatsoever, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1 .]  That  the  sum  of  fourteen  thousand  pounds,  when  received 
into  the  treasur}-,  for  excise  on  spirituous  liquors  for  the  year  17G3,  shall 
be  issued  in  the  manner  and  for  the  purposes  following ;  that  is  to  say, 
the  sum  of  ten  thousand  pounds,  part  of  the  aforesaid  sum  of  fourteen 
thousand  pounds,  shall  be  appl[y][i]ed  for  the  payment  of  such  pre- 
miums and  grants  that  now  are  or  that  hereafter  may  be  made  by 
this  court;  and  the  further  sum  of  one  thousand  pounds,  part  of  the 
aforesaid  sum  of  fourteen  thousand  pounds,  shall  be  appl[3^][^■]ed  for 
the  payment  of  the  bounty  upon  wheat  and  flour ;  and  the  remaining 
sum  of  three  thousand  pounds,  part  of  the  aforesaid  sum  of  fourteen 
thousand  pounds,  shall  be  a,ppl[y][t]ed  for  the  compleating  of  the  pay- 
ment of  the  provincial  troops  emplo3'ed  in  the  year  1762,  under  the 
command  of  General  Amherst. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  treasurer  be  and  hereby  is  directed  and  ordered 
to  pay  the  said  sum  of  fourteen  thousand  pounds  out  of  such  appropri- 
ations as  shall  be  directed  to  by  warrant,  and  no  other  ;  and  the  secre- 
tary 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  pajTnent  thereof.  [^Passed 
January  31 ;  *  published  February  4,  1764. 


CHAPTER  24. 


AN  ACT  TO  ENABLE  THE  PEOPEIETOES  OF  THE  PLANTATION  CALLED 
YOKUM  TOWN  AND  MOUNT  EPHEAIM,  IN  THE  COUNTY  OF  BEEK- 
SHIEE,  TO  GRANT  TAXES  ON  THEIE  LAND,  AND  BEING  FOEWAED 
THE  SETTLEMENT  OF  SAID  PLANTATION. 

Preamble.  Whereas  the  general  court  at  their  session  in  January,  one  thousand 

seven  hundred  and  sixty-three,  granted  to  a  number  of  purchasers  that 
tract  of  land  called  Yokum  Town  and  Mount  Ephraim,  in  the  county 
of  Berkshire,  by  meets  and  bounds  to  each  particular  purchaser,  to  hold 
the  same  in  severalt}',  hy  means  whereof  the  said  purchasers  ai-e  not 
enabled,  by  any  of  the  laws  of  this  province,  to  raise  any  mone}'  to  carr^' 

*  Signed  February  4,  according  to  the  record. 


[2d  Sess.] 


PnovmcE  Laws. — 1763-64. 


681 


on  and  bring  forward  the  settlement  of  the  said  plantation,  according  to 
the  conditions  of  the  grant  aforesaid  and  the  injunction  of  the  general 
court  on  said  purchasers  at  that  time  made  ;  and  whereas  a  consider- 
able number  of  said  purchasers  have  humbly  petitioned  this  court  for 
relief  in  the  premis[s]es  ;  for  remedy  whereof, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, and  it  is  accordingly  enacted, 

[Sect.  1.]  That  the  said  purchasers  of  said  plantation  of  Yokum 
Town  and  Mount  Ephraim  shall  be  and  accordingly  are  incorporated 
into  one  distinct  propriety,  and  are  vested  with  the  same  powers  and 
priviledges  as,  b}'  the  laws  of  this  province,  proprietors  in  common  are 
vested  with,  so  far  as  is  necessar}-  for  calling  meetings,  granting  taxes 
upon  the  land  of  the  said  purchasers  in  said  plantation,  assessing  and 
collecting  and  disposing  of  the  mone}-  so  raised,  lading  out,  making  and 
repairing  necessary  wa^'s,  and  for  carrying  forward  the  settlement  of 
the  said  plantation,  agreeable  to  the  order  of  the  general  court. 

And  for  the  [i][e]ncouragement  of  the  settlers  on  the  land  afore- 
said,— 

Be  it  further  enacted, 

[Sect.  2.]  That  those  persons  who  are  or  shall  be  actually  settled 
upon  the  land  aforesaid  shall  be  exempted  from  pa3-ing  any  tax  or 
taxes,  with  any  of  the  adjacent  towns,  until  the  further  order  of  the 
general  court.     [^Passed  January  31  ;  *  published  February  4,  1764. 


Purchasers  of 
Yokum  Town 
and  Mount 
Ephraim,  incor- 
porated into  a 
propriety. 


Settlers  exempt, 
ed  from  taxes 
until  further 
order. 


CHAPTER    25. 

AN  ACT  FOR  REVIVING  AND   CONTINUING  SUNDRY  LAWS  THAT  ARE 
EXPIRED  AND  NEAR  EXPIRING. 

"Whereas  the  several  acts  hereinafter  mentioned,  which  are  now  ex-  Preamble, 
pired  or  near  expiring,  have  been  found  useful  and  beneficial;  viz^., 
two  acts  made  in  the  thirty-second  3'ear  of  the  reign  of  King  George 
the  Second  ;  one,  intit[u]lod  "An  Act  providing  that  the  solemn  affir-  1758-59,  ch.  18. 
mation  of  the  people  called  Quakers  shall,  in  certain  cases,  be  accepted 
instead  of  an  oath  in  the  usual  form  ;  "  the  other,  intit[u]led  "  An  Act  1758-59,  oh.  37. 
in   addition  to    an  act   relating   to   executors   and   administrators;" 
two  acts  made  in  the  first  year  of  his  present  majest3''s  reign  ;  one,  in- 
tit[u]led  "An  Act  in  addition  to  an  act  made  and  passed  this  present  176O-6I,  ch.  28. 
year,  intit[u]led  'An  Act  to  prevent  damage  being  done  on  the  mead- 
ows and  beaches  l^'ing  in  and  adjoining  to  the  north  side  of  the  town 
of  Harwich,  between  Skeket  Plarbour,  on  the  east,  and  Quevet  Harbour, 
on  the  west ; '  "  the  other,  intit[u]led  "An  Act  establishing  a  watch  for  IT6I-62,  ch.  5. 
the  safety  and  better  securing  the  good  order  of  the  town  of  Boston," — ■ 

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

That  such  of  the  beforementioned  acts  as  are  expired,  be  revived,  and   Sundry  acta 
such  of  said  acts  as  are  not  3'et  expired,  be  continued,  with  all  and  every  *'°°'''°"^  • 
article,  clause,  matter  and   thing  therein  respectively  contained,  and 
shall  be  in  force  until  the  first  day  of  Juh',  which  will  be  in  the  j^ear  of 
our  Lord  one  thousand  seven  hundred  and  seventy,  and  no  longer. 
\_Passed  January  31 ;  *  published  February  4,  1764. 


*  Signed  February  4,  according  to  the  record. 


682 


Peovince  Laws.— 1763-64.  [Chaps.  26,  27.] 


CHAPTER  26. 


AN  ACT  FOR  ERECTING  A  TOWN  IN  THE  COUNTY  OF  LINCOLN,  BY  THE 
NAME  OF  TOPSHAM. 


Preamble. 


Bounds  of 
Topsham. 


First  town- 
meeting,  how  to 
be  called. 


Whereas  the  inhabitants  settled  on  a  tract  of  land  situate  on  the 
easterlj^  side  of  Androscoggin  River,  l3'ing  convenient  for  a  town,  hith- 
erto called  and  known  b}^  the  name  of  Topsham,  within  the  county  of 
Lincoln,  have  humbly  petitioned  this  court  that,  for  the  reasons  therein 
mentioned,  they  may  be  incorporated  into  a  town,  and  vested  with  the 
powers  and  authorities  belonging  to  other  towns ;  therefore,  for  the  en- 
couragement of  said  settlement, — 

Be  it  enacted  by  his  excellency  the  Governor,  Council  and  House  of 
Representatives,  in  general  court  assembled, 

[Sect.  1.]  That  the  said  tract  of  land,  described  as  follows  ;  viz^'^., 
to  begin  upon  the  southerly  line  of  the  town  of  Bowdoinham,  where 
said  line  strikes  the  water,  and  from  thence,  to  run  a  west-north-west 
course,  upon  said  Bowdoinham  line,  as  far  as  it  goes  ;  and  from  thence,  on 
the  same  streight  course,  to  Little  River,  so  called,  which  is  about  eight 
miles  from  the  water  aforesaid ;  and  from  thence,  southwardly,  down 
said  Little  River,  to  Androscoggin  River,  and  down  said  Androscoggin 
River,  to  Merrymeeting  Bay  ;  and  from  thence,  to  the  line  of  Bowdoinham 
aforesaid,  including  several  small  islands  or  islets,  Ij'ing  in  said  Andro- 
scoggin River,  between  the  said  Little  River  and  the  falls  at  Brunswick 
Fort,  be  and  hereb}'  is  erected  into  a  town  to  be  called  Topsham  ;  and 
the  inhabitants  thereof  shall  have  and  enjoy  all  such  immunities  and 
priviledges  as  other  towns  in  this  province  have  and  do,  b}'  law,  enjoy. 

And  be  it  further  enacted, 

[Sect.  2.]  That  Aaron  Hin[c]kley,  Esq^"'^.,  be  and  hereby  is  im- 
powered  to  issue  his  warrant  to  some  principal  inhabitant  of  the  said 
town  of  Topsham,  requiring  him,  in  his  majesty's  name,  to  warn  and 
notify  the  said  inhabitants,  qualified  to  vote  in  town  affairs,  to  meet 
together,  at  such  time  and  place  in  said  town  as  shall  be  appointed  in 
said  warrant,  to  chuse  such  officers  as  the  law  directs  and  ma}'  be 
necessar}'  to  manage  the  affairs  of  said  town  ;  and  the  inhabitants,  being 
so  met,  shall  be  and  hereby  are  impowered  to  chuse  such  officers 
accordingly.     \_Passed  January  'Z\,*  1764. 


CHAPTER    27. 


AN  ACT  FOR  REVIVING  TWO  LAWS  THAT  ARE  EXPIRED. 


Preamble. 


1754-55,  ch.  31, 


1757-58,  ch.  37. 


Two  several 
acts  continued. 


Whereas  the  two  acts  hereafter  mentioned,  which  are  now  expired, 
have  been  found  useful  and  beneficial ;  namel}',  one  act,  made  in  the 
twenty-eighth  year  of  his  late  majesty'  King  George  the  Second,  inti- 
tled  ' '  An  Act  for  preventing  the  unnecessaiy  destruction  of  alewives 
and  other  fish  within  this  province  ; ' '  the  other,  made  in  the  thirty-first 
year  of  the  same  reign,  intitled  "An  Act  in  addition  to  an  act,  inti- 
tled  '  An  Act  for  preventing  the  unnecessary  destruction  of  alewives 
and  other  fish  within  this  province  ;  '  " — 

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

That  the  aforementioned  acts,  which  are  expired,  with  all  and  every 
article,  clause,  matter  and  thing  therein  contained,  be  and  hereb}-  are 

*  Signed  February  i.  according  to  tho  record. 


[2d  Sess.] 


Pkovince  Laws. — 1763-64. 


683 


revived  ;  and  that  the  said  acts  shall  be  in  force  until  the  first  daj'  of 
Februar}^,  in  the  ^^ear  of  our  Lord  one  thousand  seven  hundred  and 
sixty-five,  and  no  longer.  \_Passed  February  2  ;  *  published  February 
4,  1764. 


CHAPTER   28. 

AN    ACT    FOR    THE    PRESERVATION    AND    INCREASE    OF    MOOSE    AND 
DEER  WITHIN  THIS  PROVINCE. 


"Whereas  the  laws  heretofore  made  for  the  preservation  and  increase 
of  deer  in  this  province  have  not  answered  that  valuable  end,  and  it  is 
found  necessary  to  make  other  provision  for  that  purpose,  as  also  for 
the  preservation  and  increase  of  moose  within  this  province, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  act  of  this  province,  made  in  the  tenth  year  of 
the  reign  of  King  William  the  Third,  intitled  "An  Act  for  the  better 
preservation  and  increase  of  deer  within  this  province,"  be  and  hereby 
IS  repealed,  and  declared  null  and  void. 

And  be  it  further  enacted, 

[Sect.  2.]  That  each  and  every  person  who  shall  hereafter  kill  any 
moose  or  deer,  between  the  twenty -first  da}'  of  December  and  the 
eleventh  day  of  August,  in  any  year,  or  have  the  flesh  or  raw  skin  of 
any  moose  or  deer,  killed  within  the  time  aforesaid,  in  his  possession, 
and  be  thereof  convicted,  shall,  for  each  and  every  moose  or  deer  so 
killed,  and  for  each  raw  skin  or  the  flesh  of  any  moose  or  deer,  killed 
within  the  time  aforesaid,  found  in  his  possession,  pay  a  fine  of  sis 
pounds,  and  costs  of  prosecution  ;  one  moiet}^  of  the  said  fine  to  be  to 
his  majesty  for  the  use  of  this  province,  and  the  other  moiety  thereof 
to  him  or  them  that  shall  inform  against  and  prosecute  the  oSender  to 
eflfect. 

And  be  it  further  enacted, 

[Sect.  3.]  That  each  town  and  district  in  this  province  shall,  at 
their  publick  meeting  in  March,  annually,  chuse  two  or  more  meet  per- 
sons to  be  deer-reeves,  whose  more  especial  business  it  shall  be  to  in- 
quire into  and  inform  of  all  ofl'ences  against  this  act,  and  to  prosecute 
the  ofl"enders  ;  and  the  persons  so  chosen  shall  be  sworn  to  the  faithful 
discharge  of  their  trust,  as  town  and  district  oflScers  are  sworn  ;  and 
every  person  so  chosen  into  the  said  office  shall  forthwith  declare  his 
acceptance  or  refusal  thereof;  and  if  he  shall  refuse  to  accept  the  said 
trust,  or  to  take  the  oath  aforesaid,  he  shall  pay  a  fine  of  five  pounds, 
to  the  use  of  the  town  or  district  that  ch@se  him  ;  and  upon  such  re- 
fusal, they  shall  forthwith  proceed  to  a  new  choice ;  and  if  the  person 
so  refusing  shall  not  pay  down  the  fine,  he  shall  be  convened  before  the 
court  of  general  sessions  of  the  peace  in  the  same  count}-,  who,  upon 
certificate,  under  the  hand  of  the  town  or  district  clei-k,  that  such  per- 
son was  legally  chosen  into  the  office  of  deer-reeve,  and  his  shewing  no 
just  cause  to  the  court  for  his  refusal,  may  commit  him  to  goal,  there 
to  remain  until  he  has  paid  the  said  fine  and  the  costs  of  jirosecution  : 
and  ever}^  town  and  district  neglecting  their  duty  aforesaid,  and  being 
thereof  convicted,  shall  forfeit  and  pay  the  sum  of  thirty  pounds  to  the 
use  of  the  county  in  which  such  town  or  district  lies. 

And  be  it  further  enacted, 

[Sect.  4.]     That  the  courts  of  general  sessions  of  the  peace  in  the 

*  Signed  February  4,  according  to  the  record. 


Preamble. 
1693-94,  ch.  19. 
1698,  ch.  21. 
1717-18,  ch.  12. 
1739-40,  ch.  3. 
1744-45,  ch.  14. 
1751-52,  ch.  7. 
1754-55,  ch.  7. 

Act  of  10th 
of  William, 
repealed. 
1698,  chap.  21. 


Time  limited  for 
killing  moose  or 
deer. 


Method  of 
conviction. 


Pine  appro- 
priated. 


Deer-reeves  to 
be  chosen  in 
each  town. 


Penalty  for  re- 
fusing to  serve. 


Penalty  on 

towns  not 
choosing. 


Court  of  ses- 
sions to  ap- 


684 


Peovince  Laws.— 1763-64.  [Chap.  28.] 


point  deer- 
reeves  for  new 
plantations. 


Suspected  per. 
Bons  to  be  es> 
amined. 


Sheriffs,  kc,  to 
search  for  flesh 
or  skjns. 


Justice  may 
require  security 
of  suspected 
persons,  in  cer- 
tain cases. 


And  bind  over 
persons  to  give 
evidence. 


Grand  juries  to 
make  inquiry, 
and  prosecute. 


respective  counties  be  and  hereby  are  empowered  and  required,  3'early 
and  seasonably,  to  appoint  one  or  more  meet  persons  in  ever}'  new 
plantation,  where  ten  or  more  famihes  are  settled,  to  be  deer-reeves,  to 
do  and  perform  the  like  business  and  service  as  the  deer-reeves  chosen 
by  towns  are  obliged  to  do  and  perform  ;  and  the  persons  so  appointed 
b3^  the  courts  aforesaid  shall  be  sworn  to  the  faithful  discharge  of  their 
trust ;  and  ever^^  person  so  appointed,  who  shall  refuse  to  accept  the 
said  trusts,  or  to  take  the  oath  aforesaid,  shall  pa}-  a  fine  of  five 
pounds,  to  the  use  of  the  county  wherein  he  is  so  appointed,  and,  upon 
his  refusing  to  pay  the  same,  may  be,  by  the  said  court,  committed  to 
goal,  there  to  remain  until  he  pay  the  same,  with  costs  of  prosecution. 

And  be  it  further  enacted, 

[Sect.  5.]  That,  upon  information  made,  on  oath,  to  an}' justice  of 
the  peace,  that  there  are  just  grounds  to  suspect  that  any  person  or 
persons  shall  have  killed  any  deer  or  moose,  against  this  act,  or  shall 
have  the  flesh,  skin  or  skins  of  such  moose  or  deer  in  his  or  their  pos- 
session, such  justice  may,  and  he  is  hereby  empowered  to,  issue  his 
warrant  to  the  sheriff  of  the  county,  his  undersheriff  or  deputy,  or  to 
the  constable  of  the  town  or  district  where  such  suspected  person  or 
persons  shall  dwell  or  reside,  requiring  them  not  only  to  bring  before 
him  the  person  or  persons  so  informed  against,  to  be  examined  touching 
the  pi'emisses,  but  also  to  make  diligent  search  for  such  flesh,  skin  or 
skins,  and  to  enter  the  dweUing-house  where  the  flesh  or  skins  shall  be 
suspected  to  be  (such  entry  to  be  made  in  the  daytime,  and  the  house 
to  be  particularly  named  or  specified  in  the  warrant) ,  and  to  seize  and 
secure  such  flesh  and  skins,  in  order  to  their  being  produced  in  e^d- 
dence  on  the  trial ;  and  all  such  flesh  and  skins  so  found,  between  the 
twenty-first  day  of  December  and  the  eleventh  day  of  August,  in  any 
year,  shall  be  deemed  and  taken  to  be  the  flesh  and  skins  of  moose  or 
deer  killed  within  that  time,  unless,  on  trial,  the  contrary  shall  be  made 
to  appear. 

[Sect.  6.]  And  if,  upon  examination  of  any  person  or  persons  so 
informed  against,  or  otherwise,  it  shall  appear  to  the  justice  probable 
that  such  person  or  persons  are  guilty  of  killing  moose  or  deer,  or  of 
having  in  his  or  their  possession  the  flesh  or  raw  skin  or  skins  of  any 
moose  or  deer  killed,  against  this  act,  he  may  require  such  person  or 
persons  to  give  sufficient  security  for  his  or  their  appearing  at  the  next 
court  of  general  sessions  of  the  peace,  to  be  held  in  the  county  where 
the  offence  is  alledged  to  be  committed,  to  answer  the  charge  that  may 
be  made  against  him  for  such  offence,  and  abide  the  judgment  that  may 
be  given  thereon  ;  and  upon  such  person  or  persons  neglecting  or  refus- 
ing to  give  such  security,  may  commit  him  or  them  to  goal,  there  to  re- 
main until  trial,  or  until  he  shall  be  discharged  by  due  coui-se  of  law ; 
and  such  justice  may  also  cause  all  such  persons  as  he  shall  judge  proper, 
to  appear  before  liim,  to  give  evidence  in  the  cause  aforesaid,  and  may 
bind  them  to  appear  at  the  court  aforesaid,  to  give  evidence,  in  his  ma- 
jesty's behalf,  against  the  person  or  persons  informed  against,  as  afore- 
said :  and  every  person  refusing  to  appear,  or  to  give  such  evidence  as 
he  knows  against  any  person  or  persons,  so  accused,  shall  be  liable  to 
the  same  penalty  as  the  person  or  persons  accused  would  be  subjected 
to  if  convicted. 

And  be  it  further  enacted, 

[Sect.  7.]  That  the  grand  juries  in  the  several  counties  are  hereby 
required,  from  time  to  time,  diligently  to  [e]  [?']  nquire  after  and  to 
prosecute  all  breaches  of  this  act.  \_Passed  February  3  ;  *  published 
February  4,  1764. 

*  Passed  February  4,  according  to  the  record. 


[2d  Sess.] 


Pbovince  Laws. — 1763-64. 


685 


CHAPTER  29. 

AN  ACT  FOR  CONTINUING  ALL  T;RIALS  BY  JURY,  CIVIL  AND  CRIM- 
INAL, FROM  THE  SUPERIOR  COURT  OF  JUDICATURE,  COURT  OP 
ASSIZE  AND  GENERAL  GOAL  DELIVERY,  FOR  THE  COUNTY  OF 
SUFFOLK,  TO  BE  HELD  THE  THIRD  TUESDAY  OF  FEBRUARY,  THE 
PRESENT  YEAR,  TO  THE  SUPERIOR  COURT,  &c.,  FOR  THE  SAID 
COUNTY,  TO  BE  HELD  THE  THIRD  TUESDAY  IN  AUGUST,  NEXT. 

Whereas  the  small-pox  is  in  divers  families  in  the  town  of  Boston,   Preamble, 
which  must  expose  to  clanger  of  infection  great  part  of  the   grand 
jurors,  petit  jurors  and  others,  who  are  required  to  attend  the  superior 
court  of  judicature,  court  of  assize  and  general  goal  delivery,  to  be  held 
at  said  Boston,  the  third  Tuesday  of  February,  instant, — 

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

That  no  grand  jurors,  nor  petit  jurors,  nor  witnesses,  nor  parties  in  Aiimattera 
actions  or  causes,  civil  or  criminal,  for  trial  by  juries,  shall  be  held  to  fuperufr  c"ouit 
attend  the  said  superior  court,  &c.  ;  and  all  such  actions  or  causes  shall  [?^^^^^°^1^;  1°^ 
l>e  continued  to  the  superior  court  of  judicature,  &c.,  to  be  held  at  said  August,  i764. 
Boston,  the  third  Tuesday  of  August,  next ;  and  all  persons  whatsoever, 
imprisoned,  or  under  recognizance  for  their  appearance  at  the   said 
superior  court,  &c.,  to  be  held  the  third  Tuesday  of  February,  shall  be 
held  to  appear,  and  may  be  proceeded  against,  at  the  superior  court  the 
third  Tuesda}'  in  August,  in  like  manner  as  they  would  have  been  held, 
and  the}'  might  have  been  proceeded  against,  at  the  said  court  in  Feb- 
ruary, if  this  act  had  not  been  made  and  passed,     [^Passed  February 
3  ;*  published  February  4,  1764. 


CHAPTER    30. 


AN  ACT  FOR  SETTING  OFF  THE  INHABITANTS,  AS  ALSO  THE  ESTATES, 
OF  THE  WESTERLY  PART  OF  LUNENBURG,  INTO  A  SEPARATE 
TOWN,   BY  THE   NAME   OF  FITCHBURG. 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  inhabitants,  with  their  lands,  on  the  westerly 
part  of  Lunenburg,  beginning  at  such  a  place  on  Leominster  Une  as 
t  hat  a  strait  line  therefrom  may  run  between  the  lands  of  Messieurs  Paul 
Witherby  and  Jonathan  Wood,  to  a  stake  and  stones,  a  small  distance 
to  the  westward  of  Mary  Holt's  house  ;  then,  turning  and  running,  north, 
ten  degrees  and  an-half  east,  to  the  south-east  corner  of  Ephraim  Whit- 
ney's land  ;  then,  to  keep  the  east[er][?uard]ly  line  of  said  Whitney's 
land ,  to  the  north-east  corner  thereof ;  and ,  from  that  corner,  to  run  north- 
wardly, on  the  eastwardly  Une  of  John  White's  land,  to  the  north-east- 
erly corner  thereof;  and,  from  that  corner,  to  run  north,  four  degrees  east, 
to  Towns[/i]end  line  ;  then,  running  west,  thirt3--one  degrees  and  an-half 
north,  on  Towns[/i]end  line,  to  Dorchester-Canada  Une  ;  then,  turning 
south,  nine  degrees  west,  eight  miles  and  an  hundred  and  fort}^  rods,  on 
Dorchester-Canada  line,  to  Westminster  line  ;  then,  turning  east,  eleven 
degrees  thirty  minutes  south,  three  miles  and  thirty-one  rods,  to  a 
heap  of  stones  in  Leominster  line  ;  then,  turning,  and  running  to  the 
bounds  first  mentioned, — be  and  hereby  is  set  ofi"  and  erected  into  a 

*  Signed  February  4,  according  to  the  record. 


Bounds  of 
Fitchburg. 


686 


Peovince  Laws.— 1763-64.  [Chap.  31.] 


Erected  into  a 
town. 


Representative, 
how  to  be 
cliosen. 


To  pay  their 
proportion  of 
charges  with 
Lunenburg. 


First  town- 
meeting,  how 
to  be  called. 


separate  town  b}'  the  name  of  Fitchburg ;  and  that  the  said  town  be 
invested  with  all  the  powers,  priviledges  and  immunities  that  other 
towns  in  this  province  do  or  may  by  law  enjo}',  that  of  sending  a  repre- 
sentative to  the  general  assembly  only  excepted  ;  and  that  the  inhabit- 
ants of  said  town  shall  have  full  power  and  right,  from  time  to  time,  to 
join  with  the  said  town  of  Lunenburg  in  the  choice  of  a  representative 
or  representatives,  and  be  subject  to  pay  their  pro[por]tionable  part 
of  the  charge  :  who  may  be  chosen  either  in  the  town  of  Lunenburg  or 
town  of  Fitchburg ;  in  which  choice  they  shall  enjo}'  all  the  priviledges 
which  by  law  they  would  have  been  intitled  to  if  this  act  had  not  been 
made. 

[Sect.  2.]  And  the  selectmen  of  the  town  of  Lunenburg  shall  issue 
their  warrant  to  one  or  more  of  the  constables  of  the  town  of  Fitchburg, 
requiring  them  to  notify  the  inhabitants  of  the  town  of  Fitchburg  of 
the  time  and  place  of  their  meeting  for  such  choice. 

Provided,  nevertheless, — 

And  he  it  farther  enacted, 

[Sect.  3.]  That  the  said  town  of  Fitchburg  shall  pay  their  propor- 
tion of  all  town,  county  and  province  taxes  alread}^  set  on,  or  granted 
to  be  raised  b}^,  said  town  of  Lunenburg,  as  if  this  act  had  not  been 
made. 

And  he  it  further  enacted, 

[Sect.  4.]  That  Edward  Hartwell,  Esq^.,  be  and  hereby  is 
[e][i]mpowered  to  issue  his  warrant,  directed  to  some  principal  inhab- 
itant in  said  town  of  Fitchburg,  requiring  him  to  notify  and  warn  the 
inhabitants  of  said  town,  qualified  by  law  to  vote  in  town  affairs,  to 
meet  at  such  time  and  place  as  shall  Ibe  therein  set  forth,  to  chuse  all 
such  officers  as  shall  be  necessary  to  manage  the  affairs  of  said  town. 
\_Passed  Fehruary  3,*  1764. 


CHAPTER    31. 


AN  ACT  IN  ADDITION  TO,  AND  FOR  RENDERING  MORE  EFFECTUAL, 
THE  SEVERAL  ACTS  OF  THIS  PROVINCE  FOR  REGULATING  THE 
BUILDINGS  IN  THE  TOWN  OF  BOSTON,  AND  PREVENTING  FIRE  IN 
THE   SAID  TOWN. 


Preamble. 
1692-93,  ch,  13, 
§2. 

1699-1700,  ch.  24. 
1711-12,  ch.  5. 
1748-49,  ch.  14. 
1752-53,  chaps. 
2  and  17. 
1759-60,  ch.  30. 
1760-61,  chaps.  9 
and  32. 

1762-63,  ch.  13. 
108  Mass.  200. 
130  Mass.  321. 


Whereas,  b}'  an  act  made  in  the  fourth  j-ear  of  the  reign  of  King 
William  and  Queen  Mar}^  intit[w]led  "  An  Act  for  building  with  stone 
or  brick  in  the  town  of  Boston  and  preventing  fire,"  it  is,  among  other 
things,  ordered  and  enacted  "that  in  all  void  and  unbuilt  places  which 
shall  after  be  improved  for  building,  or  when  at  any  time  any  total  con- 
sumption or  desolation  shall  happen  in  aii}^  street  or  lane,  within  the 
said  town,  it  shall  be  in  the  power  of  the  justices  of  the  peace  of  the 
said  town,  then  in  being,  together  with  the  selectmen,  or  the  major  part 
of  both,  to  state  and  lay  out  such  streets,  ways  and  passages  as  may 
be  most  for  the  conveniency  and  accommodation  of  the  place, — as  also 
where  an}^  desolation  hath  happened  to  regulate  and  inlarge  other  nar- 
row and  crooked  lanes  or  passages  ;  and  where  any  particular  person  [s] 
shall  have  their  lands  taken  away,  or  lessened  thereby,  a  juiy  of  twelve 
men  shall  be  appointed  by  two  justices  of  the  peace,  and  sworn,  to 
ascertain  the  value  thereof,  to  be  paid  by  the  person  to  whose  land  the 
same  shall  be  added,  or  b}'  the  neighbourhood  or  town,  in  proportion  to 
the  benefit  or  conveniency  any  shall  have  thereby ;"  but  no  provision  is 
made  for  proportioning  or  assessing  the  value  of  such  lands,  upon  or 

*  Signed  February  4,  according  to  the  record. 


[2d  Sess.] 


Province  Laws. — 1763-64. 


687 


between  the  said  town  and  the  persons  accommodated  or  benefited 
thereb}',  nor  for  any  person  so  deprived  of  their  lands,  to  recover  such 
value  thereof;  wherefore,  for  providing  a  more  effectual  remedy  in  that 
behalf, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That,  in  all  cases  where  the  lands  of  any  person  shall  be 
so  taken  away,  and  added  or  annexed  to  any  of  the  streets  in  the  said 
town,  or  to  the  lands  of  any  particular  person,  two  justices  of  the  peace 
for  the  count}^  of  Suffolk,  one  to  be  of  the  quorum,  shall,  in  five  days 
after  application  made  to  them,  in  writing,  by  the  owner  or  owners  of 
such  lands  so  taken  away,  or  by  some  other  person  in  their  behalf, 
appoint  and  summon  a  jur}'  of  twelve  meet  persons,  to  appraise  and 
ascertain  the  value  of  such  lands,  and  to  estimate  the  damage  and  loss 
thereby  sustained  by  the  owner  or  owners  thereof,  and  also  to  estimate 
the  benefit  and  advantage  that  may  accrue  to  an}''  particular  persons 
thereby ;  which  shall  be  paid  to  the  party  endamaged,  b}'  the  party  or 
parties  so  benefited,  or  by  the  said  town,  or  by  both,  in  such  proportion 
as  by  such  jur}'  shall  be  found  reasonable  ;  who  shall  be  under  oath,  and 
shall  give  in  their  report,  in  writing,  under  their  hands,  of  such  valua- 
tions and  estimations,  to  the  said  justices,  immediatel}*  after  finishing 
the  same  ;  and  the  said  justices  shall,  within  five  da^'s,  at  farthest, 
deliver  the  same  report  to  one  or  more  of  the  selectmen  of  the  said 
town,  to  be  safely  kept  on  file  from  thenceforward. 

And  be  it  further  enacted, 

[Sect.  2.]  That,  in  any  case  where  the  lands  of  any  person  or 
persons  have  been  already  set  off  and  annexed  to  any  street  in  the  said 
town,  and  valued  pursuant  to  the  aforesaid  act,  the  owner  or  owners 
thereof  not  having  been  paid  or  recompenced  for  the  same,  the  method 
herein  above  provided  shall,  in  ever}-  respect,  be  observed,  for  recom- 
pencing  such  loss  and  damage  :  saving  that  the  jur}^  to  be  appointed 
shall  not  be  charged  or  obliged  to  value  such  lands  anew. 

A7id  be  it  further  enacted, 

[Sect.  3.]  That  the  damages  so  estimated  and  assessed,  and  re- 
ported b}^  such  jury,  shall  be  paid  to  the  respective  owners  of  the  land 
that  are  or  shall  be  so  taken  from  them,  either  by  the  said  town,  or  by 
tlie  persons  whose  lauds  are  or  shall  be  accommodated  and  bettered 
thereby,  or  b}-  both,  in  such  proportion  as  shall  be  expressed  in  the  re- 
port of  such  jur}- ;  and  for  the  non-payment  thereof,  within  ten  days 
after  such  report  shall  be  delivered  as  aforesaid,  and  demand  made, 
eveiy  owner  of  such  land  so  set  off  and  annexed,  may  have  an  action 
for  the  same  against  the  part}'^  or  parties  so  neglecting  to  pa}^  their  sev- 
eral proportions  aforesaid. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  cost[s]  and  charges  attending  the  making  the 
valuations,  estimates  and  assessments,  in  the  cases  aforesaid,  shall  be 
born  and  paid  by  the  town  aforesaid.     [^Passed  February  3,*  1764. 

*  Signed  February  4,  according  to  the  record. 


Jury,  to  ap- 
praise land 
taken  oft"  or 
added,  how  to 
be  appointed. 


Report  to  be 
liled. 


The  same  rules 
to  be  observed 
where  land  has 
been  already 
taken  off. 


Damages  to  be 
paid. 


Action  allowed 
in  case  of  non- 
payment. 


Cost  of  valua- 
tion to  be  paid 
by  the  town. 


688 


Province  Laws. — 1763-64. 


[Chap.  32.] 


CHAPTEE    32. 

AN  ACT  FOR  CONTINUING  AND  AMENDING  AN  ACT  MADE  IN  THE 
FIRST  YEAR  OF  HIS  PRESENT  MAJESTY,  INTITLED  "AN  ACT  FOR 
ALLOWING  NECESSARY  SUPPLIES  TO  THE  EASTERN  INDIANS,  AND 
FOR  REGULATING  THE  TRADE  WITH  THEM,  AND  PREVENTING 
ABUSES  THEREIN." 


Preamble. 
1760-61,  chap. 
17. 


Indians  to  bo 
Bupplied  by 
persons  ap- 
pointed by  the 
general  court. 


Tiucli-masters, 
how  to  be 
appointed. 


To  be  under 
oath,  and  give 
security. 


No  other  per- 
sons in  the 
truck-houses 
permitted  to 
trade  with  the 
Indians. 


Penalty. 


Prices  of  goods 
eold  the  Indians, 
and  of  furs 
received  from 
them,  regulated. 


Whereas  an  act,  iutitled  "  An  Act  for  allowing  necessaiy  supplies 
to  the  eas^ru  Indians,  and  foi-  regulating  trade  witli  them,  and  pre- 
venting abuses  therein,"  is  near  expiring,  and  it  is  expedient  for  his 
majesty's  service  that  the  same  should  be  continued,  with  some  amend- 
ments and  additions  thereto, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[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  be  annuall}^ 
chosen  by  this  court,  who  shall  proceed  according  to  the  insti'uctions 
they  shall  receive  from  this  court,  or  from  the  commander-in-chief  for 
the  time  being,  b}-  and  with  the  advice  of  the  council,  on  any  emer- 
gency in  the  recess  of  this  court :  provided  such  instructions  and  direc- 
tions be  consistent  with  such  instructions  as  are  or  may  be  given  by  tlie 
general  court ;  and  all  supplies  of  cloathing,  provisions  or  other  neces- 
saries shall  be  lodged  at  such  places  in  tlie  eastern  parts  of  this  prov- 
ince, and  elsewhere,  as  the  general  court  have  ordered  or  may  hereafter 
order. 

And  he  it  further  enacted, 

[Sect.  2.]  That  a  suitable  person  be  appointed  by  this  court  for 
each  of  the  places  where  an}-  of  the  goods  aforesaid  are  lodged,  as 
truck-masters  for  the  management  of  the  trade  with  the  Indians  ;  and 
be  paid  for  his  service  such  sum  or  sums  as  this  court  shall  judge  rea- 
sonable for  his  allowance  in  said  capacit}- ;  and  in  case  of  the  death  or 
removal  of  an}-  one  or  more  of  said  truck-masters,  during  the  recess  of 
the  court,  another  shall  be  put  in  his  room  by  the  commander-in-chief, 
with  the  advice  of  the  council ;  all  such  truck-masters  shall  be  under 
oath,  and  give  sufficient  security  to  the  province  treasurer  for  the  faith- 
ful discharge  of  their  trust,  and  shall  observe  the  instructions  which, 
from  time  to  time,  shall  be  given  them,  and  they  shall  not  trade,  either 
by  themselves,  or  by  any  person  under  them,  with  the  Indians,  except 
it  be  in  the  capacity  of  a  truck-master  ;  neither  may  any  officer  or  sol- 
dier, residing  at  or  within  any  of  the  truck-houses,  or  any  other  person 
in  the  pay  of  this  government,  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  afore- 
mentioned goods ;  nor  shall  it  be  lawful  for  any  other  person  or  per- 
sons to  sell,  truck,  barter  or  exchange  with  any  Indian  or  Indians,  any 
strong  beer,  cyder,  wine,  rum,  brand}'  or  any  other  strong  liquor, 
cloathing,  or  any  other  thing  whatsoever  the  Indians  may  want,  on 
penalty  of  forty  shillings,  or  three  months'  imprisonment  for  each  and 
every  offence  above  mentioned. 

And  he  it  farther  enacted, 

[Sect.  3.]  That  the  said  truck-master  shall  sell  the  goods  to  the 
Indians  at  the  prices  set  in  the  invoices  sent  them  from  time  to  time  by 
the  commissary,  which  shall  be  the  same  which  he  gave  for  the  goods 


[2d  Sess.] 


Province  Laws. — 1763-64. 


689 


in  the  town  of  Boston,  with  a  reasonable  advance  thereon,  sufficient  to 
pay  the  charge  of  transportation  and  all  other  charges  arising  thereon ; 
and  shall  allow  the  Indians,  for  their  furrs  and  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  3-ear ;  viz.,  every 
spring  and  fall ;  and  the  truck-masters  may  supply  the  Indians  with 
rum  in  moderate  quantities,  as  the}'  shall,  in  prudence,  judge  conven- 
ient and  necessar}'. 

[Sect.  4.]  And  in  case  an}*  of  the  truck-masters  shall  presume  to 
sell  any  goods  at  higher  rates  than  they  are  set  at  b}^  the  government, 
or  shall  charge  the  government  more  for  au}'  furs  or  other  goods  than 
they  allowed  the  Indians  therefor,  such  truck-master,  being  convicted 
thereof,  shall  forfeit  and  pa}*  the  sum  of  fifty  jDOunds,  and  shall  thence- 
forth be  altogether  disabled  to  hold  or  exercise  an}^  office  within  this 
government ;  and  the  more  effectual!}'  to  prevent  or  detect  any  such 
pernicious  practices,  each  and  ever}'  truck-master,  when  and  so  often 
as  he  shall  settle  and  adjust  his  account  with  the  said  officers  appointed 
by  this  court  for  supplying  the  Indians  (which  shall  be  at  least  once 
in  a  year,  and  oftner  if  required) ,  shall  make  oath  before  the  said  offi- 
cer, who  is  hereby  authorized  and  appointed  to  administer  the  same,  in  ^ 
manner  following  ;  viz., — 

You,  A.  B.,  do  swear  that  the  goods  committed  to  you  for  the  supply  of  the   Truck-master's 
Indians,  have  been  sold  at  no  higher  rate  than  they  were  set  at  by  the  govern-   °^^^- 
ment,  and  that  you  have  charged  for  the  furs  and  goods  j'ou  have  made  return 
of,  no  more  than  you  have  i)aid  the  Indians  for  them.     So  help  you  God. 

And  for  the  better  discovery  of  such  ill-disposed  persons,  who, 
through  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  difficult  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 
Indians,  the  accuser  and  accused  being  brought  face  to  face  at  the  time 
of  trial,  shall  be  accounted  and  held  to  be  a  legal  conviction  of  the 
persons  accused  of  giving,  selling  or  delivering  strong  drink  to  such 
Indian  or  Indians,  unless  the  person  accused  shall  acquit  himself,  upon 
oath,  which  the  court,  in  all  such  cases,  are  hereby  impowered  to  ad- 
minister in  the  form  following;  viz., — 

You,  A.  B.,  do  swear  that  neither  yourself,  nor  any  other  by  yom*  order, 
general  or  particular  assent,  privity,  knowledge  or  allowance,  dhectly  or  indi- 
rectly, 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  or  whereof  you  are  now  accused.     So  help  you  God. 

And  be  it  further  enacted, 

[Sect.  6.]  That  upon  the  complaint  or  information  of  any  other 
person  for  the  breach  of  this  law,  there  being  such  circumstances  as 
render  it  highly  probable,  in  the  judgment  of  the  justice  of  the  peace 
before  whom  the  trial  shall  be,  that  the  person  complained  of  is  guilty 
of  a  breach  of  the  said  act ;  then  and  in  every  such  case,  unless  the 
defendant  shall  acquit  himself  upon  oath,  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  for  the  breach  of  this  law  of  which 
he  or  they  shall  be  accused,  and  he  or  they  shall  pay  and  suffer  the 
penalt}'  already  by  this  act  provided ;  but  in  case  the  defendant  shall 


Method  of  con- 
viction of  pri- 
vately selling  to 
the  Indians. 


Defendant  may 
acquit  himself 
on  oath. 


690 


PROVINCE  Laws.— 1763-64. 


[Notes.] 


Preamble. 


English  hunters 
restrained  from 
bunting  beaver. 


Penalty  applied. 


Penalty  for 
false  swearing. 


Proviso  for  per- 
sons to  trade 
with  the  In- 
dians. 


limitation. 


acquit  himself  upon  oath,  to  be  administred  to  him  as  aforesaid,  that 
then  he  shall  recover  against  the  complainant  double  his  cost  occa- 
sioned by  such  prosecution. 

And  whereas  many  complaints  have  been  made  by  the  Indians,  re- 
specting the  English  hunters  destroying  beaver  and  other  fur,  also  the 
beaver  dams,  and  there  being  danger  of  great  mischief  ensuing  there- 
from,— 

Be  it  therefore  further  enacted, 

[Sect.  7.]  That  no  person  or  persons,  other  than  Indians,  from  and 
after  the  first  day  of  May,  1764,  shall  hunt  or  take  any  beaver,  sables 
or  other  furs,  to  the  northward  or  eastward  of  Saco  truck-house,  or  the 
place  where  the  said  truck-house  stood,  except  in  the  towns  or  planta- 
tions where  they  dwell,  on  penalty  of  forty  shillings  for  every  such 
oflfence,  to  be  recovered  by  complaint  to  a  justice  of  the  peace,  in  man- 
ner aforesaid  ;  and  in  case  any  such  fur  be  found  in  the  possession  of 
any  person  or  persons  who  has  hunted  contrary  to  this  act,  and  who 
cannot  give  a  satisfactory  account  to  the  justice  of  the  peace  before 
whom  the  trial  may  be,  how  they  came  by  the  same,  it  shall  be  a  suflS- 
cient  evidence  to  convict  such  person  or  persons  of  a  breach  of  this 
act;  and  he  or  they  shall  forfeit  the  said  fur  and  incur  the  penalty 
aforesaid. 

And  be  it  further  enacted, 

[Sect.  8.]  That  the  fines  and  penalties  incurred  by  this  act  shall 
be  disposed  of,  one  half  to  the  informer,  and  the  other  half  to  be  paid 
to  the  truck-master,  in  whose  district  the  same  may  be  tried,  for  the 
relief  of  Indian  widows  and  children,  who  may  most  stand  in  need  of 
the  same. 

And  be  it  further  enacted, 

[Sect.  9.]  That  if  any  person  or  persons  shall  hereafter  be  con- 
victed 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  against  wilful  perjury. 

Provided,  nevertheless, — 

[Sect.  10.]  That  it  shall  and  may  be  lawful  to  and  for  the  governor 
or  commander-in-chief  for  the  time  being,  by  and  with  the  advice  of 
his  majesty's  council,  to  grant  licences  unto  such  persons  as  they  shall 
find  it  necessary  to  trade  with  the  Indians ;  such  persons  so  licensed 
giving  bond  with  sufficient  bondsmen,  in  a  competent  penalty,  to  con- 
form to  such  regulations,  limitations  and  restrictions  as  the  governor, 
with  the  advice  of  the  council,  shall  determine. 

[Sect.  11.]  This  act  to  continue  and  be  in  force  for  the  space  of 
one  year  from  the  first  day  of  May  next,  and  to  the  end  of  the  then 
next  session  of  the  general  court,  and  no  longer.  \_Passed  and  pub- 
lished February  4,  1764. 


Notes.  —  The  General  Court  was  adjourned  to  Cambridge,  Jan.  16,  1764,  on 
account  of  the  small-pox  then  prevalent  in  Boston.  The  Court  assembled  at  Cam- 
bridge, Jan.  18,  and  remained  in  session  until  the  fourth  of  February. 

All  the  acts  of  this  year  were  printed:  chapters  10  and  19  separately;  and  the 
engrossments  of  all  are  preserved,  except  of  chapters  17, 19,  21,  22,  29  and  32. 

The  acts  of  the  first  session  were  certified  for  transmission,  July  1, 1763.  They 
were  delivered  to  the  clerk  of  the  Privy  Council,  in  waiting,  September  14,  and,  on 
the  third  of  October,  referred  to  the  committee  on  plantation  affairs,  by  whom, 
three  days  later,  they  were  referred  to  the  Lords  of  Trade.  On  the  eleventh  of 
October,  the  Lords  of  Trade  sent  them  to  Sir  Matthew  Lamb,  for  his  opinion 
thereon,  who,  on  the  sixth  of  April  following,  reported  that  he  had  no  objection  to 
them  iu  point  of  law.  This  report  was  read  at  a  meeting  of  the  Lords  of  Trade,  on 
the  second  of  July,  1764,  when  the  draught  of  a  letter  to  Gov.  Bernard  was  ordered 
to  be  prepared.  This  letter  was  accordingly  prepared  and  signed  on  the  13th.  It 
contains  but  one  reference  to  the  acts  of  this  session,  which  is  printed  in  the  note  to 
chapter  3,  post. 

The  acts  of  the  second  session  were  certified  for  transmission,  March  8,  1764,  and 
the  letter  of  Gov.  Bernard  accompanying  them,  is  dated  March  10.    Mention  of 


[Notes.]  Peovince  Laws.— 1763-64.  691 

them  first  appears  in  the  minutes  of  the  Lords  of  Trade,  July  2, 1764,  when  they  were 
referred  to  Sir  Matthew  Lamb;  but  no  record  lias  been  discovered  of  his  report 
thereupon.  On  the  IGth  of  April,  17G7,  a  representation  was  made  by  the  Board,  on 
such  of  the  acts  of  several  years,  including  this  year,  as  they  judged  ought  not  to  be 
allowed,  or  which,  from  their  nature,  or  from  the  terms  and  conditions  upon  which 
they  were  passed,  required  the  royal  confirmation.  In  this  rei^ort  the  suggestions 
which  appear  in  the  note  to  chapter  19, 2^031,  and  the  observations  on  the  acts  incor- 
porating towns,  which  are  given  in  full  in  the  note  to  1705-(J(},  chapter  23,  post, — 
were  the  only  comments  made  on  the  unexpired  acts  of  either  session. 

Chap.  2.  "May  28,  1763.  The  two  Houses  according  to  agreement  proceeded  to 
the  choice  of  a  Collector  of  excise  for  the  County  of  York  the  current  Year.  The 
Votes  being  counted  and  sorted,  it  appeared  that  M^  David  Sewall  was  chosen  by  a 
major  Vote  of  the  Council  and  House  of  Representatives."— Cowncii  Records,  vol. 
XXV.,  p.  8. 

Chap.  3.  "  June  18, 1761.  A  Complaint  of  Reuben  Cognehew  and  Others,  Indians 
of  Mashpee  representing  divers  hardships  and  inconvenienceis  they  suffer  by  means 
of  the  English. 

In  the  House  of  Representatives;  Ordered  That  this  Complaint  he  committed  to 
the  Gentlemen  appointed  to  repair  to  Mashpee  Marthas  Vineyard  and  Nantucket, 
to  consider  thereon  and  make  report.  And  that  the  Committee  appoixited  to  bring 
in  amendment  of  the  Laws  for  the  better  regulating  th©  Indians  defer  the  same  till 
such  Report  be  made. 

In  Council  Read  and  Concurred." — Council  Records,  vol.  XXIV.,  p.  51. 

"  Nov.  21,  1761.  The  Committee  appointed  the  18"^  of  June  last  on  the  Complaint 
of  Reuben  Cognehue  and  others  of  Mashpee,  Indians,  made  report  according  to 
Order.  (Signed)        W™  Bkattle  #''  Order. 

In  Council  Read  and  Accepted,  And  Ordered  That  the  honorable  Thomas  Hutch- 
inson Esq""  with  such  as  the  honorable  House  shall  join  be  a  Committee  to  bring  in 
a  Bill  for  the  purposes  therein  mentioned. 

Sent  down  for  Concurrence." — Ibid.,  p.  125. 

"  Nov.  27,  1761.  Here  follows  the  Report  at  large  made  by  the  Committee 
appointed  IS'ii  June  last  and  referred  to  in  the  Entry  of  the  21^'  Instant  respecting 
Mashpee  Indians. 

The  Committee  upon  the  Petition  of  the  Mashpee  Indians  representing  some 
Grievances  they  labour  under,  attended  said  Service,  and  heard  the  Parties  upon 
the  Spot  on  the  twelfth  and  thirteenth  days  of  August  last;  and  beg  leave  to  Report. 

That  Mashpee  (which  is  about  eight  Miles  in  length,  and  between  five  and  Six 
miles  in  Wedth,  contains  sixty  three  Wigwams  and  two  hundred  and  thirty  seven 
Indians)  be  erected  into  a  District,  said  Indians  to  be  vested  with  certain  Privi- 
ledges;  That  the  eight  English  Families  with  their  Lands  within  the  Bounds  of 
Mashpee  be  excluded  from  being  Part  of  said  District;  That  said  Indians  be  allowed 
and  inipowered  to  meet  in  the  Month  of  March  Annually,  and  at  other  times  which 
the  Trustees,  Overseers  or  Selectmen  of  said  District  shall  judge  necessary;  That 
they  be  impowered  to  chuse  five  Trustees  Overseers,  or  Selectmen;  two  of  them  to 
be  Englishmen  of  Note  and  Distinction;  three  of  them  to  be  Indians,  Inhabitants  in 
said  Mashpee;  said  Choice  not  to  be  of  any  Validity  if  disallowed  by  the  Governor 
and  Council.  That  said  Persons  thus  elected  and  confirmed  to  have  the  same 
Power  in  general,  touching  the  poor  and  indigent  Indians  of  said  Mashjiee,  as  the 
Overseers  of  the  Poor  have  in  other  Districts;  relative  to  the  Poor  therein:  That  they 
with  the  Consent  of  the  Major  part  of  the  Indian  Males  there  being  twenty  one 
years  of  Age  or  upwards  living  in  said  Place,  at  a  meeting  warned  for  that  purpose, 
shall  take  into  their  hands  for  the  sole  use  of  the  Poor  and  Indigent  there,  such  of 
the  Indians  Land  as  are  held  in  common  and  undivided,  and  them  Lease  for  one 
Year  Annually,  as  they  may  Judge  will  best  answer  the  Purposes  aforesaid. — That 
one  of  said  Trustees  shall  be  chosen  Moderator  of  the  Meetings;  at  which  Meeting 
in  March,  the  Major  part  of  the  Inhabitants  convened  shall  chuse  a  Clerk  of  said 
District  annually;  and  such  other  District  Officers  known  in  Law,  as  said  Trustees 
may  judge  necessary;  and  upon  their  Death  or  Removal  others  may  be  chosen  at 
any  time  afterwards.  And  that  said  Trustees  be  fully  Authorized  finally  to  hear 
and  determine  all  Disputes  which  may  arise  amongst  said  Indians  respecting  their 
Lands,  Meadows,  Woods  and  Fishing,  or  that  may  in  any  wise  relate  to  the  same; 
and  that  they  take  particular  care  to  regulate  the  Fishery  in  said  Mashpee,  so  as 
may  be  most  satisfactory  and  beneficial  to  the  Indians,  in  such  manner  as  to  them, 
or  the  Major  part  of  them,  the  two  English  Overseers  being  present,  they  shall  judge 
will  best  conduce  to  the  good  of  the  whole:  That  they  be  alike  impowered  to  pro- 
portion to  every  Proprietor  living  there  his  Share  in  ail  Lands,  Meadows  Wood  and 
all  Realties  said  Indians  there  hold  as  Tenants  in  common  as  said  Trustees  may 
Judge  he  can  improve  to  Advantage,  That  every  of  said  Indians  be  prevented  from 
Leasing  such  Lands  as  they  hold  in  Severalty,  or  shall  be  allotted  to  them. 

And  all  such  Indians  as  shall  neglect  to  improve  their  Lands,  the  same  said  Trus- 
tees shall  have  Power- to  enter  upon  and  Lease  for  a  Term  not  exceeding  one  Year; 
the  Profits  thereof  to  be  improved  for  the  sole  use  and  benefit  of  said  Indian  or  his 
Family,  And  the  said  Trustees,  together  with  the  Reverend  M'^  Hawley  the  present 
Pastor  of  the  Church  there,  and  his  successors  being  Englishmen,  chosen  and 
appointed  by  the  Commissioners  for  propagating  the  Gospel  in  America,  and  the 
Parts  adjacent,  and  they  only  to  approbate  in  Writing  itnder  their  hands  every 
Indenture  binding  out  any  of  the  Children  of  the  Mashpee  Indians;  and  that  every 
Indenture  not  approved  of  by  tliem  shall  be  null  and  void. 
The  Committee  beg  leave  further  to  offer  as  their  opinion,  That  said  Indians  have 


692  Province  Laws- — 1763-64.  [Notes.] 

Greatly  suffered  being  largely  credited,  and  prosecuted  for  Debt;  in  consequence 
thereof  they  have  been  distressed,  their  Children  bound  out  as  a  Colateral  Security 
for  the  Payment  thereof:  That  therefore  none  of  said  Indians  be  credited,  and  that 
every  Action  brought  against  them,  or  any  of  them,  shall  be  barred,  in  the  case  of 
Sickness  only  excepted;  and  in  that  the  Court  shall  allovs^  no  more  than  shall  be 
allowed  by  said  Overseers  or  Trustees,  or  the  Major  part  of  them,  upon  the  Accounts 
being  first  Audited  by  them,  who  shall  be  impowered  to  audit  and  examine  the 
same: — That  said  Trustees,  or  the  Major  part  of  them,  and  they  only,  be  fully  au- 
thorized and  impowered  to  determine  all  petty  Quarrels,  Contentions,  Breaches  of 
the  Peace,  which  by  Law  are  determinable  by  a  Justice  of  the  Peace,  that  may  arise 
or  be  done  by  or  amongst  said  Indians. — And  that  with  the  Consent  of  said  Trustees 
or  Selectmen,  said  Indians  living  at  Mashpee,  at  a  Meeting  legally  called  for  that 
Purpose,  or  the  Major  part  of  them,  shall  have  full  Power  to  Vote  and  receive  any- 
other  Indians  or  Mollatto's  into  their  District,  to  share  with  them  in  their  Privi- 
ledges,  and  in  their  Common  and  Undivided  Lands,  in  such  Proportion  as  they 
shall  think  proper;  Provided  the  same  be  presented  to  the  Commissioners  of  the 
Society  for  propagating  the  Gospel  in  America  &c*  and  consented  to  by  them. 
And  if  any  of  said  Indians  thus  admitted  should  remove  from  any  Lands  belonging 
to  them,  the  said  Commissioners  be  fully  impowered  to  let  out  the  same  for  a  Term 
of  Years,  as  they  shall  judge  best,  the  Profits  thereof  to  be  improved  for  the  use  of 
the  Mashpee  Tribe  of  which  said  Indians  will  then  be  a  Part. 

That  no  White  Man,  upon  any  Pretence  whatsoever,  except  such  as  may  be  sent 
by  said  Commissioners  as  Ministers  or  School  Masters  to  said  Indians,  be  allowed  to 
inhabit  or  live  upon  any  of  the  Indian  Lands  at  Mashpee. — And  that  every  white 
Man  excepting  as  before  is  excepted,  who  shall  presume  to  dwell  upon  said  Lands 
in  Mashpee  shall  be  deemed  a  Trespasser.  And  said  Selectmen,  Trustees  or  Over- 
seers shall  have  good  Right,  full  Power  and  lawful  Authority,  and  be  enjoined  to 
prosecute  all  such  Trespassers  to  final  Judgment  and  Execution. 

Lastly.  That  the  Lines  between  Mashpee  and  the  adjoining  Towns,  which  have 
not  been  run  this  twenty  six  Years  be  perambulated  by  such  Persons  on  the  part  of 
the  Indians,  not  living  in  either  of  the  adjoining  Towns,  as  the  Wisdom  of  this 
Court  shall  appoint;  and  that  the  adjoining  Towns  be  ordered  to  perambulate 
accordingly. 

The  foregoing  Proposals,  if  accepted;  Your  Committee  are  fully  convinced  will 
settle  the  Indians  there  in  great  Peace,  will  greatly  increase  their  Numbers  and 
reform  their  Manners;  and  is  what  We  humbly  apprehend  ought  to  be  done  for 
them.  And  that  without  it,  we  fear  much  Trouble  will  be  given  to  the  Court  Annu- 
ally, or  elsewhere. 

All  which  is  humbly  Submitted 

(Signed)        W"  Brattle  by  order." — Ibid.,  p.  157. 

"  Jan.  30,  1762.  Thomas  Hubbard,  Esq.^  from  the  Board  went  down  to  the  House 
of  Representatives  with  a  Message  to  enquire  if  the  House  had  acted  iipon  the  Re- 
port of  the  Committee  upon  the  Affairs  of  the  Mashpee  and  Nantuckett  Indians. 

M''  Cushing  from  the  House  came  up  with  a  Message  to  the  Board  to  acquaint 
them  that  the  House  have  not  acted  upon  those  Affairs,  but  have  assigned  next 
Tuesday  morning  for  them." — Ibid.,  jy.  218. 

"Feb.  1.  1763.  The  Secretary  from  the  Board  delivered  a  Message  to  the  House 
of  Representatives,  desiring  that  they  would  send  up  the  Report  of  a  Committee  of 
both  Houses  last  Year  relative  to  the  Mashpee  Indians — 

M""  Sargeant  from  the  House  came  up  to  the  Board  with  the  forementioned  Re- 
port."— Ibid.,  p.  543. 

"  Feb.  21,  1763.  Upon  the  Report  of  a  Committee  on  the  Petition  of  the  Mashpee 
Indians  as  entered  21st  November  1761.  In  Council  Ordered  That  this  Report  be 
revived  and  that  M''  Hawley  the  Missionary  to  the  Mashpee  Indians  be  notified 
that  this  Affair  will  be  considered  on  the  first  Thursday  of  the  next  Sitting  of  this 
Court,  when  he  with  Two  of  the  principal  Men  of  the  Tribe  may  be  beared  (if  they 
see  cause). 

In  the  House  of  Representatives  Read  and  Concurred." — Ibid.,  p.  699. 

"  May  27,  17()3.  William  Brattle  Esqf  delivered  also  a  Message  from  the  Board  to 
the  House  of  Representatives,  acquainting  them  that  there  was  now  a  hearing  be- 
fore the  Board  respecting  the  Mashpee  Indians;  and  that  as  the  Board  apprehended 
that  some  of  the  Members  of  that  House  are  capable  of  giving  some  information  in 
that  Affair,  they  desire  that  Thomas  Foster,  Daniel  Howard  and  Tho^  Smith  Esq™ 
might  attend  the  Board;  who  came  up  accordingly,  and  the  Board  proceeded  to  the 
hearing."— Ibid.,  vol.  XXV.,  p.  8. 

"  May  30,  1763.  In  Council  Ordered  that  William  Brattle  and  James  Otis  Esq" 
with  Such  as  the  lion''=  House  shall  join  be  a  Committee  to  bring  in  a  Bill  for  the 
better  regulation  of  the  Mashpee  Indians,  and  that  the  Report  of  a  Committee  dated 
3  Ocf  1761.  appointed  in  consequduce  of  a  Petition  of  the  Mashpee  Indians  be  re- 
ferred to  this  Committee  for  their  Consideration,  and  the  better  forming  their  Judg- 
ment in  the  drafting  of  the  Said  Bill —  In  the  House  of  Representatives  Read  and 
concurred  and  M""  Hewins,  M"^  Crocker,  and  D''  Smith  are  joined  in  the  Affair." — 
Ibid.,  p.  10. 

"May  31,  1763.  A  Petition  of  Solomon  Bryant,  Jos'"  Richards  and  Ruben  Cog- 
nehue  of  Mashpee  Indians:  Praying  An  Allowance  o*  the  Expence  of  their  Journey 
to  Boston  in  consequence  of  an  Order  of  the  General  Court  of  the  15"^  of  February 
last.  In  the  House  of  Representatives  Read  and  Ordered  That  the  Prayer  of  the 
Petition  be  granted :  And  that  the  sum  of  Three  Pounds  twelve  shillings  and  Eight 
pence  be  Allowed  out  of  the  Publick  Treasury  to  the  Petitioner  in  Order  to  defrey 
the  Expences  witliin  mentioned.  In  Council  Read  and  Concurred  Consented  to  by 
the  Governor."— /6i(;.,  p.  17. 


[Notes.]  Province  Laws.— 1763-64.  693 

"  June  15,  1763.  In  the  House  of  Representatives  On  a  Motion  made  and  Second- 
ed Resolved  That  the  Gentlemen  appointed  to  repair  to  the  Island  of  Chapaquidic 
on  Martha's  Vineyard  be  directed  to  ascertain  the  boundary  Lines  between  the 
Towns  of  Barnstable,  Sandwich  and  Falmouth  adjoining  upon  the  District  of 
Mashpee.  In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — 
Ibid.,  p.  74. 

"  June  15,  1763.  The  following  Gentlemen  were  Nominated  by  his  Excellency 
the  Governor  Commissioners  to  take  care  of  the  Mashpee  Indians  pursuant  to  a  Law 
made  and  passed  by  the  General  Court  this  Session  for  Incorporating  said  Indians, 
Viz'  Thomas  Smith  Esq''  Isaac  Hinckley  Esq''  The  Rev<i  M''  Gideon  Hawley  to 
which  Nominations  his  Majesty's  Council  did  Advise  and  Consent." — Executive 
Records  of  the  Council,  vol.  5,^j.  261. 

"  In  considering  the  Laws  passed  in  1763,  we  could  not  avoid  taking  notice  of  that 
for  incorporating  the  Mashpee  Indians  which  in  general  appears  to  us  to  be  a  rea- 
sonable Law,  and  will  we  hope  operate  to  prevent  any  further  complaints  of  these 
Indians  concerning  their  Lands,  But  we  see  no  reason  for  not  extending  to  this 
Indian  Settlement  the  same  powers  and  privileges  vested  by  Law  in  other  Dis- 
tricts."—Lorcfe  of  Trade  to  Gov.  Bernard,  July  13, 1764:  "Mass.  Bay,  B.T.,"  vol.  86, 
J).  171,  in  Public-Record  Office. 

Chap.  4.  "  Oct.  20,  1764.  A  Petition  of  Joseph  Doane  of  Chatham— Setting 
forth.  That  he  hath  for  many  years  last  past  kept  a  Public  House  of  Entertainment 
at  Chatham  aforesaid,  which  hath  been  of  great  benefit  to  the  Fishery;  but  that  it 
so  happened  the  Petitioner  was  absent  on  a  Whaling  Voyage  at  the  last  License 
Term  for  the  County  of  Barnstable,  and  was  thereby  prevented  making  Application 
to  have  his  License  then  renewed.  And  praying  that  the  Court  of  General  Sessions 
of  the  Peace  for  the  County  of  Barnstable  at  their  next  term  be  enabled  to  grant 
him  a  License  for  the  purpose  aforesaid. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Justices  of  the 
General  Sessions  of  the  Peace  for  the  County  of  Barnstable  be  allowed  (if  they  see 
cause)  at  their  next  December  Term  to  grant  the  Petitioner  a  License  to  keep  a 
House  of  Public  Entertainment,  He  first  obtaining  the  approbation  of  the  Select- 
men of  said  Town  for  that  Service,  the  time  for  granting  Licenses  being  elapsed 
notwithstanding. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— Co?tncjf 
Records,  vol.  XXF.,  p.  286. 

Chap.  10.  "  June  15,  1762.  A  Petition  of  Joseph  Williams  Esq''  Setting  forth  That 
He  with  divers  other  Proprietors  of  Gardners  Canada  Township  have  been  at  great 
expence  in  bringing  forward  their  Settlements,  building  a  Meeting  House  and 
settling  a  Minister,  notwithstanding  which  the  General  Court  was  pleased  the 
last  year  to  impose  a  tax  upon  them  in  common  with  the  delinquent  Proprietors,  ' 
And  Praying  that  they  may  be  relieved  either  by  having  the  said  Tax  wholly 
abated  or  by  having  it  laid  on  the  delinquent  Proprietors  only. — 

In  the  House  of  Representatives;  Read  and  Ordered  That  the  consideration  of 
this  Petition  be  referred  'till  the  next  Sitting  of  this  Court;  and  that  the  Petitioners 
Print  the  substance  thereof  in  one  of  the  Boston  News  Papers  three  weeks  succes- 
sively; that  so  the  delinquent  Proprietors  may  shew  cause  (if  any  they  have)  on  the 
second  Wednesday  of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof  should 
not  be  granted  so  far  as  it  respects  them.  And  that  the  Assessments  upon  the 
within  mentioned  Plantation  be  siispended  in  the  mean  time — 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— Com71ci7  Rec- 
ords, vol.  XXIV.,  p.  445. 

"  Sept.  17, 1762.  A  Petition  of  Joseph  Williams  Esqf  in  behalf  of  the  Proprietors 
of  the  Township  called  Gardners  Canada,  Praying  relief  with  respect  to  their  Taxes, 
as  entered  14  June  last  and  referred. 

In  the  House  of  Representatives  Read  again  and  Ordered  That  the  further  con- 
sideration of  this  Petition  be  referred  till  the  second  Wednesday  of  the  next  Session 
of  this  Court,  and  all  Assessments  imposed  by  the  Province  and  County  are  sus- 
pended in  the  mean  time. 
In  Council  Read  and  Concurred  Consented  to  by  the  Governor."- /6id.,  p.  479. 
"  June  14,  1762.  A  Petition  of  Eldad  Taylor  ESq''  in  behalf  of  the  Inhabitants  of 
the  Township  Number  4,  in  the  County  of  Berkshire— Setting  forth  That  there  hath 
been  by  Law  assessed  upon  the  said  Inhabitants  the  sum  of  £55.6.3.  which  amounts 
to  21|d  on  the  pound  besides  what  the  Polls  Pay,  which  is  a  burden  they  cannot 
support  under  considering  that  they  had  been  there  but  little  more  than  four  Years 
when  the  Tax  was  laid,  during  which  time  they  have  been  a  great  part  employed  in 
making  and  cleaning  Roads  not  only  through  their  own  Town,  but  through  the 
Country  to  Blanford,  that  they  have  also  built  a  Meeting  House  and  settled  a  Minis- 
ter althS  they  consist  but  of  Thirty  one  Families  and  forty  four  Polls,  And  Praying 
Relief  In  tlie  House  of  Representatives  Read  and  Ordered  That  the  consideration 
of  this  Petition  be  referred  'till  the  next  Sitting  of  this  Court,  and  that  the  Peti- 
tioner print  the  Substance  thereof  in  one  of  the  Boston  News  Papers  three  Weeks 
successively,  that  so  the  delinquent  Proprietors  may  shew  cause  (if  any  they  have) 
on  the  second  Wednesday  of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof 
should  not  be  granted  so  far  as  it  respects  them.  And  that  the  Assessments  upon 
the  within  mentioned  Plantation  be  suspended  in  the  mean  time. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— Cowjicu'  Rec- 
ords, vol.  XXIV.,  p.  440. 

"  Sept.  17, 1762.  A  Petition  of  Eldad  Taylor  Esq>'  in  behalf  of  the  Inhabitants  of 
Township  No  4,  Praying  relief  with  respect  to  their  Taxes,  as  entered  14  June  last, 
and  referred. 


694  PEOvmcE  Laws. — 1763-64.  [Notes.] 

In  the  House  of  Representatives ;  Read  again  and  Ordered  that  the  further  con- 
sideration of  this  Petition  be  referred  till  the  second  Wednesday  of  the  next  Sitting 
of  this  Court,  and  all  assessments  imposed  by  the  Province  and  County  are  sus- 
pended in  the  mean  time — 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor."— Jftic^.,  p.  479. 

"  Jan.  29,  1763.  Eldad  Taylor  Esqf  from  the  House  of  Representatives  came  up 
with  a  Message  to  desire  that  a  Petition  from  the  Township  called  No  4  may  be 
sent  down  to  the  House— Gamaliel  Bradford  Esq'  from  the  Board  went  down  to  the 
House  with  the  said  Fetition."  —Ibid.,  p.  532. 

"  Feb.  16,  1763.  Upon  the  Petitions  of  Joseph  Williams  Esqr  in  behalf  of  the  Pro- 
prietors of  Gardner's  Canada  and  of  Eldad  Taylor  Esq'  in  behalf  of  the  Inhabitants 
of  No  4  as  entered  the  17:  Septemf  1762,  the  following  resolve  passed  viz' 

In  the  House  of  Representatives  Resolved  That  the  Prayer  of  the  Petnera  for  No  4, 
in  the  County  of  Berkshire  and  of  Roxbury  Canada  in  the  County  of  Hampshire 
be  granted ;  and  that  the  Province  Taxes  laid  thereon  in  the  Year  1761  and  1762, 
amounting  in  the  whole  to  the  sum  of  One  hundred  and  eighty  four  pounds,  seven 
shillings  and  six  pence  be  taken  oil,  and  laid  on  the  Towns  of  Springfield,  North- 
ampton, Hatfield,  Westfield,  Deerfleld  Brimfteld  and  Greenfield  in  their  Province 
Tax  for  the  Year  1763,  in  the  following  manner  and  proportion  viz'  on  Greenfield 
the  sum  of  Four  pounds  seven  shillings  and  six  pence;  and  on  every  of  the  other 
before  mentioned  Towns  the  sum  of  Thirty  pounds  each  making  in  the  whole  the 
said  sum  first  above  mentioned:  And  also  for  the  future  there  be  added  to  the  said 
Towns  of  Springfield,  Northampton,  Hatfield,  Westfield,  Deerfield  &  Brimfleld  four 
shillings  each  to  a  thousand  pounds  Province  Tax;  and  to  the  Town  of  Greenfield 
seven  pence  to  the  thousand  pounds  (being  part  of  their  proportion  set  by  the  Com- 
mittee of  this  Court  for  settling  the  valuation  in  the  Year  1761)  and  to  be  continued 
from  Year  to  Year  until  the  further  order  of  this  Court.  In  Council  Read  and  Con- 
curred Consented  to  by  the  Governor." — Ibid.,  p.  592. 

"Feb.  15,  1763.  In  the  House  of  Representatives;  Ordered  That  the  Expence  of 
the  Committee  appointed  by  the  General  Court  in  February  1762  to  run  out  and  fix 
the  Bounds  of  nine  Townships  in  the  Counties  of  York  and  Cumberland,  the  bal- 
lance  of  whose  Accounts  amounting  to  the  sum  of  One  hundred  and  fourteen  pounds 
11/11.    Signed  by  Richard  Cutt  be  paid  as  follows 


Falmouth £16.7.5 

Scarborough          ....  16.7.5 

Biddeford 8.7.5 

Pepperrellborough       ...  8 

49.2.3 


GorhamTown      ....  £16.7.5 

Pearson  Town      ....  16.7.5 

Windham 16.7.5 

The  Province        ....  16.7.5 

65.9.8 
49.2.3 


114.11.11 

Each  of  the  above  Towns  to  be  Taxed  for  the  same  in  the  next  Province  Tax  Act 
unless  any  of  them  shall  pay  their  proportion  as  aforesaid  into  the  Province 
Treasury  before  the  issuing  of  said  Tax;  and  that  the  whole  sum  be  now  paid  out  of 
the  Province  Treasury  to  said  Richard  Cutt  Esq""  in  full  discharge  of  said  Account, 
and  by  him  to  be  paid  to  those  to  whom  the  same  is  respectively  due.  In  Council 
Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  585. 

"  Feb.  21,  1763.  A  Petition  of  Wo'odbridge  Brown  of  Abington  in  behalf  of  the 
said  Town— Setting  forth— That  in  March  last  the  said  Town  of  Abington  chose 
one  Abraham  Beale  a  Constable,  and  he  was  sworn  in  accordingly  but  that  his  Bus- 
iness calling  him  in  May  following  to  go  Eastward  he  agreed  with  one  Nicholas 
Shaw  to  collect  the  Bates  provided  he  might  be  legally  impowered  so  to  do— And 
Praying  that  he  may  be  impowered  accordingly — 

In  the  House  of  Representatives;  Resolved  that  the  Prayer  of  this  Petition  be  so 
far  granted  as  that  the  Inhabitants  of  the  Town  of  Abington  at  a  Meeting  legally 
warned  be  and  hereby  are  fully  authorized  to  accept  of  Nicholas  Shaw  as  Constable 
(if  they  see  fit)  in  the  room  of  Abraham  Beales  chosen  Constable  in  March  last,  who 
hath  hired  said  Nicholas  to  serve  in  his  stead,  and  to  gather  his  proportion  of  the 
Publick  Taxes  in  said  Town,  and  upon  his  taking  the  Oath  to  said  Office  belonging 
shall  be  deemed  and  adjudged  a  Constable  and  Collector  in  the  Law  to  all  Intents 
and  purposes— In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — 
Ibid.,p.m\. 

"  June  13,  1763.  In  the  House  of  Representatives.  Inasmuch  as  the  Town  of 
Brimfield  are  taxed  their  full  proportion  of  the  Province  Tax  for  the  present  year, 
as  though  the  south  part  thereof  were  not  set  off  a  seperate  District,  and  the  said 
District  being  omitted  in  the  said  Province  Tax. 

Therefore  Resolved  that  the  Aosessors  of  the  said  Town  of  Brimfield  be,  and  they 
hereby  are  impowered  and  directed  to  apportion  the  same  on  the  Inhabitants  of  said 
District  their  Just  proportion  of  the  same  by  the  Rules  of  Law  in  the  same  manner 
as  though  the  said  District  had  not  been  made  and  erected  into  a  seperate  District; 
and  the  same  Rule  also  shall  be  Observed  with  respect  to  the  County  Tax  lor  the 
County  of  Hampshire  for  this  present  year.  And  the  said  Inhabitants  are  hereby 
enjoined  to  pay  tlie  same;  and  the  Collector  or  Collectors  of  the  said  South  Precinct 
are  also  hereby  enjoined  to  observe  and  Obey  such  Warrant  or  Warrants  as  shall  be 
directed  to  them  from  the  Province  Treasurer,  and  shall  also  in  case  of  delinquency 
in  collecting  and  Paying  in  either  the  Province  or  County  Tax  aforesaid  be  subject 
to  Warrant's  of  Distress  as  other  Collectors  of  Province  or  County  Taxes. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— 7 6 id.,  vol. 
XXV., p.  &I. 


[Notes.]  Peovince  Laws. — 1763-64.  695. 

"  June  15, 1763.  Upon  the  Petition  of  the  Selectmen  of  Brimfield  the  following 
Order  passed  the  Court  viz'  In  the  House  of  Representatives.  Whereas  it  has  been 
represented  to  this  Court  that  when  the  District  of  Brimfield  was  set  off  from  the 
Town  of  Brimfield,  the  Inhabitants  of  said  District  were  ordered  to  pay  all  the 
Taxes  that  were  then  assessed  upon  them:  but  it  so  happened  that  the  Warrant  for 
the  County  Tax  for  said  Town  of  Brimfield  was  not  receiv'd  till  after  said  District 
was  set  off,  wereby  it  is  out  of  the  Power  of  said  Town  to  assess  said  District  their 
proportion  of  the  County  Tax. 

Therefore  Resolved  that  the  District  of  South  Brimfield  pay  the  sum  of  Five 
pounds  five  shillings  it  being  their  proportion  of  the  County  Tax.  And  the 
Assessors  of  said  District  are  hereby  directed.  Authorized  aud  impowered  to  assess 
the  Inhabitants  for  the  same  in  the  same  manner  as  they  would  have  been,  had  the 
County  Tax  been  received  before  the  said  District  was  set  off.  And  the  Assessors 
of  the  said  South  Brimfield  are  hereby  directed  to  give  in  their  Certificate  to  the 
Treasurer  of  the  said  County  of  their  having  made  such  Assessment  and  to  whom 
the  same  is  committed  to  Collect  &c.  and  when  to  be  paid:  and  the  said  Assessment 
is  hereby  ordered  to  be  made  on  or  before  the  first  day  of  September  next,  and  the 
Constable  or  collector  to  whom  the  same  shall  be  committed  is  hereby  directed  and 
impowered  to  collect  and  pay  the  same  into  the  Treasurer  of  said  County  on  or 
before  the  first  day  of  December  next.  And  the  Treasurer  of  said  County  is  hereby 
impowered  to  issue  his  Warrant  or  Warrants  of  distress  against  such  Assessor  or 
Constable  or  Collector  in  Case  of  delinquency  respectively,  as  by  Law  is  directed  in 
Case  of  County  Taxes;  and  the  said  Town  of  Brimfield  are  hereby  released  and  dis- 
charged from  the  payment  of  the  said  Five  pounds  five  shillings  part  of  said  County 
Tax. 
In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid., p.  77. 
"  June  7,  1764.  A  Petition  of  John  Brown  Agent  for  the  Town  of  Leicester  and 
District  of  Spencer— Setting  forth,  That  a  Fine  was  laid  upon  them  of  fifteen 
pounds  for  not  sending  a  Representative  to  Court  the  last  Year:  And  as  the  said 
Town  of  Leicester  was  that  Year  at  the  expence  of  settling  a  Minister,  and  their 
Charge  for  repairing  the  Great  Road  was  uncommonly  great.  Praying  that  the  said 
Fine  may  be  remitted.  In  the  House  of  Representatives.  Read  and  Ordered  That 
the  Prayer  of  the  Petition  be  granted,  and  that  the  Petitioner  be  allowed  to  receive 
the  Sum  of  Fifteen  pounds  out  of  the  Publick  Treasury  for  the  use  of  said  Town 
accordingly. 
In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— Ibid.,  p.  237. 
"  June  8,  1764.  A  Petition  of  Nathaniel  Kingsley  Agent  for  the  Plantation  called 
No  4.  Setting  forth.  That  there  are  but  40  Polls  in  the  said  Plantation,  that  they 
have  however  exerted  themselves  so  far  as  to  settle  a  Minister  among  them;  but 
being  poor  and  as  yet  in  their  Infant  State,  They  pray  that  the  public  Taxes  assessed 
on  them  for  the  three  last  Years  may  be  remitted. 

In  the  House  of  Representatives.  On  the  Petition  of  N"  4.  Resolved  That  the 
Taxes  laid  by  the  General  Assembly  on  the  said  Plantation  called  No  4,  in  the  Years 
1761, 1762  and  1763  be  and  hereby  are  remitted  to  them,  and  that  all  Executions  and 
Warrants  of  distress  against  the  Inhabitants  of  the  said  Plantation  or  their  Col- 
lector of  Taxes  for  the  same  Taxes  be,  and  hereby  are  wholly  superseeded. 
In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— J6«cZ.,  p.  242. 
"  June  12, 1764.  A  Petition  of  William  Bacon  and  Others,  Inhabitants  of  Kenne- 
bec River  and  parts  adjacent— Setting  forth.  That  they  have  settled  in  a  Wilderness 
Country  where  they  would  have  been  unable  even  to  have  Subsisted  themselves  in 
the  Winter  Season  without  Assistance:  that  the  Town  of  Pownalborough  has  taxed 
them,  altho'  none  of  them  were  Settled  there  when  their  Valuation  was  taken,  nor 
any  of  them  Settled  within  six  miles  thereof  and  many  of  them  are  from  12  to  20 
miles  distant.— And  Praying  Relief. 

In  the  House  of  Representatives  Read  and  Resolved  That  the  Petitioners  notify 
the  Town  of  Pownalborough  of  the  Contents  of  this  Petition  by  leaving  a  Copy 
thereof  with  the  Town  Clerk,  that  the  Town  may  make  Answer  to  the  same  (if  they 
see  cause)  the  first  Tuesday  of  the  next  Sitting  of  this  Court,  and  that  all  proceed- 
ings with  respect  to  the  further  taxing  the  Petitioners,  as  also  of  collecting  the  Taxes 
already  assessed  be  stayed  till  the  further  *  of  this  Court.  In  Council  Read  and 
Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  256. 

"  Mar.  1, 1765.  a  Petition  of  a  number  of  the  Inhabitants  on  Kennebec  River  and 
places  adjacent— praying  to  be  freed  from  the  taxation  of  the  Town  of  Pownal- 
borough as  entered  the  12"-  of  June  last. 

In  Council  Read  again  and  sent  down,  it  appearing  that  the  Town  of  Pownal- 
borough had  been  duly  notified. 

In  the  House  of  Representatives,  Resolved,  That  the  prayer  of  this  Petition  be 
granted.  And  that  the  petitioners  with  their  polls  and  Estates  be  exempted  from 
paying  any  Taxes  to  the  Town  of  Pownalborough.  And  the  Taxes  already  assessed 
on' them  or  their  Estates  are  hereby  declared  void,  and  shall  not  be  Collected. 

And  the  assessors  of  said  Town  are  hereby  forbidden  to  assess  or  tax  any  person 
or  persons  that  are  Settled  or  may  Settle  upon  Lands  not  within  the  bounds  of  said 
Town,  'till  the  further  Order  of  this  Court. 
In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor."— Ibid.,  p.  443. 
"  June  15, 1764.  A  Petition  of  John  Burk  in  behalf  of  Bernardston— Setting  forth. 
That  their  Numbers  are  yet  small,  having  only  31  Families,  and  49  Poles;  that  the 
War  has  so  retarded  their  Settlements  that  they  have  but  400  Acres  of  improved 
Land  in  said  Town,  and  vet  they  have  been  taxed  the  three  last  Years,  for  two  of 
which  they  have  paid  £58— and  having  now  a  Tax  upon  them  for  £19— which  can- 
not be  collected  but  by  distress.    And  Praying  that  it  may  be  abated. 

*  "  Order  "  omitted. 


696  Pkovince  Laws.— 1763-64.  [Notes.] 

In  the  House  of  Representatives;  Ordered  That  the  consideration  of  this  Petition 
be  referred  to  the  next  Session  of  the  General  Court  and  tlie  Treasurer  is  hereby- 
directed  not  to  issue  any  "Warrant  for  the  enforcing  payment  thereof  in  the  meaa 
time. — 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."— Ibid.,  p.  272. 

"  Mar.  1,  1765.  a  Petition  of  Joshua  Henshaw  Esq  and  others  Inhabitants  or 
proprietors  of  the  plantation  called  Dorchester  Canada— Setting  forth,  That  in  the 
year  17(il  the  General  Court  laid  a  Tax  upon  them  of  £44:  7:  6  and  three  yearly 
Taxes  since.  That  the  Lands  in  such  a  new  plantation  do  not  yield  the  produce  as 
in  those  that  are  more  cultivated,  and  are  subjected  to  early  and  late  Frosts,  inso- 
much that  the  Inhabitants  have  not  been  able  to  raise  one  half  of  their  Bread  Corn, 
but  are  obliged  to  Travel  to  other  places  to  purchase  it.  That  they  are  besides  sub- 
ject to  the  ravages  of  wild  beasts,  v/hereby  they  lose  more  young  Cattle  Sheep  and 
Swine  than  the  value  of  auy  province  Tax  that  could  equitably  be  laid  upon  them. 
And  prayiug  Relief. 

In  the  House  of  Representatives.  Ordered  that  the  consideration  of  the  within 
petition  be  referred  to  the  next  May  Session,  and  that  the  petitioners  are  directed  to 
return  a  List  of  their  polls  and  Estates  to  the  Coiirt  at  that  Session. 

In  Council,  Read  and  Concurred." — Ibid.,  p.  440. 

"  Mar.  5,  1765.  a  Petition  of  Samuel  Smith  Representative  of  the  Town  of  Tops- 
field — Setting  forth— That  the  General  Court  was  pleased  to  lay  a  Fine  of  Ten 
pounds  upon  them  for  not  sending  a  Representative  to  Court  in  the  year  1763;  that 
although  Topsfield  is  an  Antient  Town  it  is  one  of  the  smallest  in  the  County  of 
Essex  that  they  have  usually  sent  a  Representative,  but  that  their  Town  charges 
were  that  year  and  the  year  following  very  great.  And  praying  that  the  said  Fine 
may  be  remitted. 

In  the  House  of  Representatives.  Read  and  Ordered  that  the  prayer  of  this  Peti- 
tion be  granted,  and  that  the  sum  of  Ten  pounds  be  granted  out  of  the  public 
Treasury  to  the  Petitioner  for  the  use  of  said  Town  accordingly. 

In  Council,  Read  and  Concurred.    Consented  to  by  the  Governor." — Ibid.,  p.  448. 

"  Oct.  29,  1765.  A  Petition  of  James  Kerswell  of  Kittery— setting  forth  That  in 
the  year  1763  he  was  chosen  Collector  of  Taxes  for  the  first  Parish  in  Kittery,  and 
proceeded  in  collecting  of  the  same  but  it  so  hapned  that  the  warrant  by  which  he 
acted  was  issued  without  a  Seal  and  twelve  or  thirteen  persons  who  are  still  in 
arrear  do  now  refuse  to  pay  him:  And  praying  the  interposition  of  this  Court  for 
relief. 

In  the  House  of  Representatives.  Resolved  that  the  abovenamed  James  Karswell 
late  a  Collector  of  the  first  parish  of  Kittery  in  the  County  of  York  be  and  he 
hereby  is  authorized  and  impowered  to  compleat  and  finish  his  Collections  of  all 
such  Sum  and  Suras  of  money  as  was  duly  assessed  on  the  Polls  and  Estates 
within  said  Parish  in  the  year  1703  and  committed  to  him  to  collect;  and  pay  in  the 
same  pursuant  to  his  directions,  any  supposed  defect  in  his  warrant  for  want  of  a 
Seal  or  otherwise  notwithstanding.  In  Council,  Read  and  Concurred.  Consented 
to  by  the  Governor." — Ibid.,  vol,  XXVI.,  p.  91. 

Chap.  12.  "  Feb.  4,  1763.  A  Petition  of  John  Choate  Esq""  and  Others,  a  Commit- 
tee of  the  Court  of  General  Sessions  of  the  Peace  for  the  County  of  Essex,  Setting 
forth.  That  on  the  Decease  of  Daniel  Appleton  Esqf  late  Register  of  the  Court  of 
Probate  for  said  County  it  appearing  that  the  Records  of  said  Ofiice  were  vacant 
from  February  1727  to  the  year  173G,  and  from  March  1762  to  July  or  August  the 
same  year;  but  that  the  original  papers  are  on  file  in  tlie  ofiice  tho  not  Recorded, 
and  the  said  Daniel  Appleton  it  is  supposed  has  received  the  Fees  for  recording  the 
same.  And  Praying  the  direction  of  this  Court  how  they  shall  proceed  in  this  Affair, 
and  by  what  means  money  shall  be  raised  for  the  bringing  up  of  the  said  Records. 

In  the  House  of  Representatives  Read  and  Ordered  That  M^  Paine,  Cap'  Liver- 
more  and  Major  Morey  with  such  as  the  honorable  Board  shall  join  be  a  Committee 
to  take  this  memorial  under  consideration  and  make  report. 

In  Council  Read  and  Concurred  and  William  Brattle  and  James  Otis  Esq"  are 
joined  in  the  Affair."— C'o?/nc;7  Records,  vol.  XXIV.,  p.  549. 

"  Feb.  10, 1703.  Tlie  Committee  appointed  tho  4th  Instant  on  the  Petition  of  John 
Choate  Esq^  &  Others,  Justices  of  the  County  of  Essex  made  the  following  Report 
viz* 

The  Committee  to  whom  was  referred  this  Petition  have  considered  the  same  and 
report  that  the  Administratrix  on  the  Estate  of  Dan^  Appleton  Esq""  deceased  bo 
served  by  the  Petitioners  with  a  copy  of  said  Petition,  that  she  may  shew  cause  if 
any  she  hath  why  the  Records  of  the  Probate  Office  for  the  County  of  Essex  from 
February  1727  to  the  Year  1736,  and  from  March  1702  to  July  then  next,  now  vacant 
by  the  representation  of  the  Petitioners,  be  not  brought  up  at  the  charge  of  the 
Estate  of  the  said  Dan^  and  that  the  further  consideration  of  this  Petition  be  re- 
ferred to  the  second  Wednesday  of  the  next  Sitting  of  the  General  Court.  In 
Council  Read  and  Accepted  In  the  House  of  Representatives  Read  and  Con- 
curred."— Ibid.fP.  !H5S. 

"  June  2,  1763.  A  Petition  of  John  Cheat  Esq''  and  Others,  a  Committee  of  the 
Court  of  General  Sessions  of  the  Peace  for  the  County  of  Essex.  Praying  the  inter- 
position of  this  Court  with  regard  to  a  deficiency  in  the  records  of  the  Court  of  Pro- 
bate in  said  County  as  entred  4't>  February  last. 

In  Council  Read  again  and  no  answer  being  given  in  Ordered  that  "William 
Brattle  and  John  C/lioat  Esq^s  with  such  as  the  Houbie  House  shall  join  be  a  Com- 
mittee to  prepare  a  Bill  for  jiroviding  a  remedy  in  the  case  herein  mentioned,  and 
ill  other  cases  of  a  Similar  nature. 

In  the  House  of  Representatives  Read  and  Concurred  and  Colo  Jones  of  Weston, 
Capt°  Howard  and  Col"  Clap  are  joined  in  the  ASair."— Ibid.,  vol.  XXV., p.  22. 


[Notes.]  Province  Laws. — 1763-64.  .  697 

Cliap.  13.  By  General  Amherst's  returns  it  appears,  that  of  the  3,220  inen  voted  to 
be  raised  by  Massachusetts,  for  the  campaign  of  1761,  2,G37  actually  took  the  field, 
of  •whom  5'Jl  remained  in  garrison  during  tlie  winter  and  spring.  1^'or  re-imbursing 
the  expenses  of  the  colonies  in  tliis  campaign  parliament  was  recommendeil  to  ap- 
propriate two-thirds  of  the  previous  annual  grant,  and,  accordingly,  the  House  of 
Commons  voted,  for  that  purpose,  £133,333,  6s.  8d.,  in  the  same  form  of  words  used 
in  the  previous  grants.  (See  Journals  of  the  House  of  Commons,  January  26,  1762.) 
Mr.  BoUau,  in  his  letter  of  February  12,  1762,  informed  the  General  Court  of  the 
passage  of  this  vote,  which  wAs  communicated  to  him  by  an  intimate  friend  who 
was  a  member  of  the  House. 

On  the  24th  of  November,  1763,  Mr.  Mauduit  received,  as  the  province's  share  of 
this  grant,  £42,774,  16s. — two-thirds  in  cash,  and  one-third  in  Exchequer  bills.  This 
had  been  settled  by  the  Lords  of  the  Treasury,  in  the  previous  month;  aud  he  had 
succeeded,  at  the  same  time,  in  obtaining  a  settlement  of  the  claim  for  extra 
expenses  in  1759,  besides  the  province's  share  in  what  remained  of  the  £10,000  re- 
tained to  meet  that  claim.  The  whole  sum  awarded  to  Massachusetts,  out  of  the 
£10,000,  was  £5,190, 12s.    [See  note  to  1762-63,  chap.  10,  ante.'] 

Chap.  15.  "  Jan.  20,  1703.  A  Petition  of  Elisha  Doane  and  Others  a  Committee 
of  the  North  Precinct  in  Easthaui,  Setting  forth.  That  the  place  for  transacting  the 
Town  Affairs  is  ten  miles  distant  from  the  Meeting  House  in  the  said  North  Parish, 
which  makes  it  very  diflicult  for  them  to  attend  the  Town  Meetings,  And  Praying 
that  they  may  be  erected  into  a  seperate  District. 

In  the  House  of  Representatives;  Read  and  Ordered  That  the  Pet"  serve  the 
Town  of  Eastham  with  a  copy  of  this  Petition  that  so  they  shew  cause  (if  any  they 
have)  on  the  second  Wednesday  of  the  next  May  Session  why  the  Prayer  thereof 
should  not  be  granted.  In  Council  Read  and  Concurred."— C'ouncjV  Records,  vol. 
XXIV.,  p.  507. 

"  June  3, 1763.  A  Petition  of  the  North  Precinct  in  Eastham  Praying  to  be  erected 
into  a  District,  as  entered  20'^  Jany  last.  In  the  House  of  Representatives  Read 
again  together  with  the  Answer  of  the  Agent  of  Eastham.  And  Ordered  that  Colo 
Clap  Doc  Smith  and  M''  Foster  of  Plymouth  with  such  as  the  Hon'«  Board  shall 
Appoint  be  a  Committee  to  take  this  Petition  and  Answer  under  consideration  and 
make  report. 

In  Council  Read  and  Concurred,  and  Gami  Bradford  and  James  Otis  Esq"  are 
joined  in  the  Affair." — Ibid.,  vol.  XXV.,  p.  25. 

"  June  7, 1763.  A  Petition  of  the  North  Precinct  in  Eastham  praying  to  be  made 
a  District  having  been  committed  the  3<i  Instant  the  Committee  reported  as  their 
opinion  that  the  Prayer  thereof  be  granted. 

In  Council  Read  and  accepted  and  Ordered  That  the  Petitioners  have  liberty  to 
bring  in  a  Bill  accordingly. 

In  the  House  of  Representatives  Bead  &  concurred." — Ibid.,  p.  37. 

Chap.  17.  "  Jan.  21, 1764.  In  Council,  it  appearing  to  the  Board  that  it  may  have 
a  probable  tendency  to  prevent  the  spreading  of  small  pox  in  the  Town  of  Boston, 
if  General  leave  was  given  to  such  as  are  subject  to  that  distemper  to  be  Inocu- 
lated, at  some  convenient  distance  from  the  Town. 

It  is  therefore  Ordered  that  it  shall  aud  may  be  permitted  any  former  Order  or 
Law  to  the  contrary  notwithstanding,  to  so  may*  of  the  Inhabitants  of  the  said 
Town  as  can  and  may  be  accomodated  from  lime  to  time,  to  be  Inoculated  at 
Point  Shirley  they  submitting  to  such  Regulations,  as  to  their  being  clensed  from 
Infection  and  as  to  the  time  aud  manner  of  their  removal,  as  shall  be  thought  ne- 
cessary by  the  Governor  with  the  Advise  of  the  Council,  for  the  Safety  of  the  Inhab- 
itants of  the  Province. 

Sent  down  for  Concurrence." — Council  Records,  vol.  XXV., p.  142. 

"  Jan.  24,  1764.  A  Petition  of  Sundry  Inhabitants  of  Boston  with  a  Petition  of 
Docf  Sylvester  Gardner  annexed,  Praying  leave  for  an  innoculating  Hospital. 

In  Council  Read  and  Ordered  That  Israel  Williams,  James  Otis  and  Nathaniel 
Ropes  Esqi's  with  Such  as  the  honi^'«'  House  shall  join  be  a  Committee  to  take  this 
Petition  under  consideration  and  report. 

In  the  House  of  Representatives  Read  and  Concurred  and  M""  Trowbridge,  M' 
Tyler  and  M^  Otis  and  M'^  Gushing  of  Boston  are  joined  in  the  Affair." — Ibid.,  p.  150. 

Chap.  19.  "  This  Act  differs  from  the  former  in  the  following  particular;  instead 
of  '  excepting  such  goods  as  are  the  product  or  manufacture  of  Great  Britain'  as 
in  the  former  Act  at  the  end  of  the  second  section,  it  stands  now  '  excepting  such 
Goods  as  are  imported  from  Great  Britain.'  This  alteration  is  for  the  advantage  of 
the  trade  of  Great  Britain,  as  now  all  goods  comiu;^  from  Great  Britain  are  ex- 
empt from  these  duties  whether  they  are  the  product  or  Manufacture  of  Great 
Britain  or  not.  And  no  disadvantage  can  arise  from  British  product  or  Manufac- 
ture? transported  from  other  Colonies  being  subject  to  these  Duties,  as  no  such 
goods  can  be  imported  here  to  any  purpose.  If  any  goods  are,  imported  here  as 
such,  they  must  really  bo  Foreign  goods,  made  like  to  those  of  Britain ;  of  which 
many  kinds  may  be  reckoned  up,  some  of  which  will  get  in  here  as  British  goods,  if 
they  can  find  a  passage  to  other  Colonies. 

There  is  also  a  small  alteration  of  the  oath  in  the  7*  section:  instead  of  '  sterling 
value'  and  'than  that  value,'  it  now  stands  'present  value'  and  'than  the  real 
value'  a  difference  quite  immaterial.'— Goi>.  Bernard  to  Lords  of  Trade;  Mar.  10, 
1764:  '  Mass.  Bay,  B.T.,'  vol.  78,  L.  I.,  69,  in  Public-Record  Office. 

*  Sic:  many. 


698  PKOvmcB  Laws.— 1763-64.  [Notes.] 

"  The  first  of  these  is  an  Annual  Act  of  the  Province  and  does  appear  to  us  to  be 
in  no  other  respect  objectionable  than  as  it  directs  a  double  Impost  to  be  paid 
for  all  Goods  in  general  imported  by  the  Inhabitants  of  other  Colonies,  by 
which  means  it  might  so  happen  that  Goods  imported  from  Great  Britain  and  com- 
ing thro'  the  Channel  or  intervention  of  other  Colonies  would  be  subjected  to  the 
payment  of  the  duties  of  Impost  as  upon  foreign  Commodities. 

if  this  Objection  therefore  seems  to  Your  Majesty  to  have  weight,  We  would 
humbly  propose  an  Instruction  to  be  given  to  Your  Majesty's  Governor  of  the  said 
Province  for  procuring  an  amendment  to  be  made  in  this  particular  Clause  exempt- 
ing from  Duties  of  Impost  all  British  Goods  coming  thro'  the  Channel  of  any  of  the 
other  Provinces  or  Colonies  on  this  Continent  or  of  the  British  West  India 
Islands,  to  which  likewise  it  may  be  expedient  to  annex  an  exception  in  favour  of 
all  such  foreign  goods  and  merchandize  as  shall  be  imported  from  Great  Britain 
either  directly  or  thro'  the  intervention  of  other  British  Colonies,  provided  such 
Foreign  Goods  &c^  have  paid  the  Duties  in  Great  Britain."— i?e/)or(  of  Lords  of 
Trade,  Apr.  16, 1767:  "Plants  General,  B.T.,"  vol.  42, p.  91.  in  PubUc-liecord  Office. 

"  Jan.  18, 1764.  Pursuant  to  agreement  the  two  Houses  proceeded  to  the  Choice 
of  Civil  Officers  for  the  present  Year,  when  James  Russell  Esq""  was  Chosen  Com- 
missioner of  Impost  by  a  Major  part  of  the  Council  and  House  of  Representatives. 
Consented  to  by  the  Governor." — Council  Records,  vol.  XXF.,  p.  133. 

See  note  to  1767-68,  chapter  12,  post. 

Chap.  20.  "June  10,  1763.  A  Petition  of  A  number  of  the  Inhabitants  in  and 
about  that  part  of  the  Town  of  Newbury  called  the  Waterside — Setting  forth  tlie 
extensiveness  of  the  said  Town  which  renders  it  very  proper  that  it  should  be 
divided,  and  as  the  Inhabitants  of  one  Part  of  said  Town  are  mostly  Farmers,  and 
of  the  other  principally  Merchants,  Tradesmen,  and  Sea  faring  Persons;  and  as  the 
Intrests  of  said  Parties  are  so  different,  and  in  some  respects  opposite.  Praying 
that  they  may  be  divided  and  separated  by  such  Bounds  &  Limits,  as  this  Court 
shall  think  proper,  and  that  they  would  appoint  a  Committee  to  determine  the 
same. 

In  Council  Read  and  Ordered  that  the  Petitioners  notify  the  Town  of  Newbury 
by  Serving  the  Town  Clerk  with  a  Copy  of  this  Petition,  that  they  shew  Cause  (if 
any  they  have)  on  the  second  Tuesday  of  the  next  Sitting  of  this  Court  why  the 
Prayer  thereof  should  not  be  granted. 

In  the  House  of  Representatives  Read  and  concurred. 

A  Petition  of  a  number  of  the  Inhabitants  of  the  Westerly  Part  of  the  Town  of 
Newbury.  Praying  that  in  Consideration  of  the  large  extent  of  the  Town  and  the 
disadvantages  resulting  therefrom  they  may  be  made  a  seperate  District  bounded 
as  follows  viz'  from  the  Westerly  end  of  said  Town  upon  Merrimack  River  running 
to  the  Mouth  of  Artichoak  River  so  called,  and  to  run  as  that  River  runs  to  Rogers's 
Milldam  and  then  to  run  such  a  Line  as  will  comprehend  the  extents  of  the  second 
and  Fourth  Parishes  of  said  Town,  or  that  they  may  be  otherwise  releived. 

In  Council  Read  and  Ordered  that  the  Petitioners  notify  the  Town  of  Newbury, 
by  serving  the  Town  Clerk  with  a  Copy  of  this  Petition  that  they  shew  Cause  (if 
any  they  liave)  on  the  second  Tuesday  of  the  next  Sitting  of  this  Court  why  the 
Prayer  thereof  should  not  be  granted. 

In  the  House  of  Representatives  Read  &  Concurred.— Coz/?ici7  Records,  vol. 
XXr.,p.i8. 

"  Jan.  3,  1764.  The  following  Order  passed  on  the  Petition  of  Sundry  Inhabitants 
of  the  Town  of  Newbury,  Praying  that  the  said  Town  may  be  divided,  as  entered 
lO'ii  June  viz' 

In  the  House  of  Representatives;  Read  again  together  with  the  Answer  of  the 
Town  of  Newbury.  And  Ordered  tliat  M''  Trowbridge,  Judge  Rus.sell,  Cap' Taylor 
of  Southboroiigh,  M^  Tyler  and  M>^  Brown  of  Salem  with  Such  as  the  Honourable 
Board  shall  join  be  a  Committee  to  consider  the  Petition  and  Answer,  and  other 
Papers  accompanying  the  same,  hear  the  parties  and  report  what  they  Judge  proper 
for  this  Court  to  do  thereon. 

In  Council  Read  and  Concurred  and  a  Committee  on  the  part  of  the  Board  is 
joined  in  the  Affair." — Ibid.,  p.  114. 

"  Jan.  6,  17G4.  The  Committee  appointed  the  3^  Ins'  on  the  Petition  of  Sundry 
Inhabitants  of  the  Town  of  Newbury  having  made  report  the  following  Order  passed 
thereon  aMz' 

In  Council  read  and  Accepted.  And  Ordered  that  Benjamoin  Lincoln  and 
Nathaniel  Ropes  Esq>'s  with  such  as  the  honbit^  House  shall  joiu  be  a  Committee  to 
repair  to  Newbury,  view  the  situation  and  consider  the  circumstances  of  the  Town, 
hear  the  Parties  and  report. 

In  the  House  of  Representatives;  Read  and  Concurred  and  Royall  Tyler,  Samuel 
Livermore  and  Ezra  Taylor  Esqi's  are  joined  in  the  Affair." — Ibid.,  p.  117. 

"Jan.  20,  1764.  The  Committee  appointed  the  6'h  instant  to  repair  to  Newbury, 
view  the  situation  and  consider  the  circumstances  of  the  Town  in  consequence  of  a 
Petition  of  a  Number  of  the  Inhabitants  for  a  division  of  the  said  Town  made 
report,  whereupon  the  following  passed  viz' 

In  Council  read  and  Accepted  and  Ordered  That  the  same  Committee  bring  in  a 
Bill  accordingly. 

in  the  House  of  Representatives  Read  and  Concnrred."— Ibid.,  p.  140. 

"  At  the  end  of  the  last  Session  an  Act  passed  for  dividing  the  Totvn  of  Newbiirif 
into  two  to  be  called  Newbury  and  Newbury  Port.  It  has  been  a  constant  rule 
with  me  in  dividing  old  Towns  to  take  care  that  the  number  of  Representatives 
should  not  be  increased.  This  has  generally  been  done  by  providing  that  the  two 
new  Towns  created  out  of  one  old  Town  should  join  in  the  election  of  Represeuta- 


[Notes.]  rEOvmcE  Laws. — 1763-64.  699 

tives  in  the  same  manner  as  If  they  had  not  heen  separated,  But  in  the  present  case 
for  good  reasons  it  was  ordered  otherwise:  The  old  Town  of  Newbury  had  always 
sent  two  Members  and  as  of  the  two  New  Towns  the  one  was  composed  of  Hus- 
bandmen and  the  other  of  Merchants  and  therefore  their  interests  would  be  dif- 
ferent, It  was  thought  best  that  each  should  send  one  Member  only,  instead  of  both 
joining  in  sending  two,  And  so  it  was  enacted. 

Nevertheless  upon  the  new  elections  of  the  present  Assembly,  the  Town  of  New- 
bury returned  two  Members,  This  was  so  barefaced  a  violation  of  the  Law  but  just 
passed,  that  I  thought  I  could  not  avoid  taking  notice  of  it.  I  accordingly  directed 
the  Commissrs  appointed  to  administer  the  Oaths  to  the  House  not  to  swear  the 
two  Members  for  Newbury.  This  produced,  as  I  expected  it  would,  a  remonstrance 
from  the  House  by  a  Committee,  complaining  of  a  bi-each  of  priviledge  for  not 
leaving  to  them  the  judgment  of  the  validity  of  the  Elections  of  their  own  Members. 
I  told  them  that  1  did  not  desire  to  impeach  their  priviledges,  nor  did  imagine  that  I 
had  done  it  in  this  instance,  That  the  Act  which  gave  the  House  the  cognizance  of 
the  validity  of  election  must  be  confined  to  matters  that  were  doubtful  or  disputa- 
ble in  some  degree,  But  where  a  return  appeared  upon  the  face  of  it  to  be  contrary 
to  law,  it  was  no  return  and  ought  to  be  rejected  in  the  first  instance.  That  I  was 
obliged  to  take  notice  of  this  by  the  practice  of  the  house  which  was  to  postpone  the 
consideration  of  the  returns  till  after  the  first  day,  by  which  means  all  persons  re- 
turned, tho'  ever  so  illegally  had  a  vote  in  the  election  of  Councillors,  And  if  the 
Governor  could  not  reject  returns  that  were  illegal  on  the  face  of  them  and  the 
House  would  not  inquire  into  them  before  they  entered  upon  business,  it  followed 
that  any  Number  of  pretended  Members  might  be  poured  in  to  serve  a  particular 
purpose  in  the  election  of  Councillors  who  would  be  content  to  be  rejected  aifter 
they  had  done  the  business  they  came  for.  If  this  was, the  Law,  it  was  high  time  it 
should  be  animadverted  upon,  Upon  which  several  Gentlemen  present,  who  had 
been  speakers  in  former  Assemblies,  declared  that  it  was  the  old  usage  to  examine 
the  returns  before  they  did  any  business  and  that  the  postponing  it  was  a  very  late 
practice.  And  the  Committee  of  the  House  all  except  one  said  that  they  believed 
that  the  House  would,  as  soon  as  they  were  sworn,  immediately  proceed  upon 
enquiring  into  this  return.  Upon  which  I  told  them  that,  in  confidence  that  they 
would  do  so,  I  would  withdraw  my  caution  and  let  them  i>roceed  in  their  own  way. 
Nevertheless  the  House  upon  debate  postponed  the  consideration  of  this  election 
and  left  the  two  Members  of  Newbury  at  liberty  to  vote  for  Councillors,  altho'  as  I 
have  been  told,  they  did  not  actually  vote.  So  that  it  is  now  established  by  formal 
precedent,  that  pretended  Members,  tho'  their  return  be  ever  so  notoriously  illegal, 
will  have  the  liberty  to  vote  for  Councillors,  before  their  return  is  disallowed. 

If  the  present  method  of  constituting  the  middle  Legislative  Body  is  to  be  perma- 
nent, it  will  be  proper  that  it  should  be  se<'ured  from  bemg  abused  as  much  as  is 
possible.  Its  natural  and  constitutional  imperfection  which  has  been  continually 
increasing,  is  enough:  new  and  adventitious  disadvantages  need  not  be  added.  I 
must  therefore  desire  your  Lordship's  directions  how  I  am  to  act  xapon  a  future 
occasion  of  the  like  kind :  for  if  a  notion  should  prevail  that  all  persons  returned  as 
Members  whether  legally  or  not,  will  have  a  vote  for  Councillors,  before  their  right 
of  sitting  at  all  can  be  determined.  It  is  obvious  to  me,  that  advantage  will  be  taken 
of  such  a  laxity  in  the  Government  to  serve  occasional  purposes." — Gov.  Bernard 
to  Lords  of  Trade,  June  2'.»,  1704:  "  Mass.  Barj,  B.T.,"  vol.79,  M.m.,  5,  in  Public-Record 
Office. 

Chap.  24.  "  May  31,  1762.  A  Petition  of  Konkopot  and  Others,  Indians,  Inhab- 
itants of  Stockbridge— Setting  forth,  That  they  are  the  Descendants  of  Indians 
who  were  the  Ancient  and  Original  Owners  of  &  Inhabitants  of  the  Lands  lying  in 
the  Western  parts  of  this  Province,  and  that  they  are  allowed  by  all  the  Indian 
Nations  to  *  the  right  owners  of  the  Lands  in  these  parts  as  far  as  a  River  called  by 
the  English  Westfield  River,  and  that  neither  they  nor  their  ancestors  have  been 
ever  at  War  with  the  English,  or  disposed  of  the  said  Lands,  That  they  have  been 
always  faithfuU  to  the  English  and  lost  many  brave  Men  in  their  Wars,  yet  the 
Government  have  granted  away  several  large  Tracts  of  their  Lands,  against  which 
they  have  formerly  remonstrated,  but  have  never  obtain'd  redress  altho'  a  Com- 
mittee was  sent  to  Stockbridge  on  that  Affair,  and  another  Committee  was  sent  to 
meet  the  Indians  upon  it  at  Sheffield  about  Seven  Years  since,  from  whom  tliey 
received  assurances  that  they  should  be  paid  for  their  Lands,  but  nothing  has  been 
ever  done  upon  it,  and  now  tliey  are  informed  that  all  their  Lands  in  the  Western 
parts  of  the  Province  are  ordered  by  the  Govei'nment  to  be  sold;  against  which  they 
must  in  Justice  to  themselves  and  their  posterity  put  in  a  Caveat  altho' they  are 
well  Satisfied  that  some  English  Subjects  who  have  made  Agreements  with  them 
for  some  of  their  Lands  should  continue  thereon,  yet  they  hope  that  none  of  their 
Rights  shall  be  forced  from  them;  and  pray  that  this  Court  would  stay  the  Pro- 
ceedings as  to  the  Sale  of  their  Lands,  and  that  the  Memorialists  may  be  heard  by 
some  of  themselves  whom  they  have  sent  on  that  business  viz'  Captain  Jacob 
Cheeksaunkun  and  Johannes  Mtokksin. 

In  the  House  of  Representatives  Read  aud  Ordered  That  the  Petitioners  be  heard 
by  Council  upon  the  Subject  matter  of  the  within  written  Petition  before  the  two 
Houses  on  Monday  next  at  3  o'Clock  Afternoon.  (29) 

In  Council  (31^')  Read  and  Concurred. 

In  Council  (31)  The  Petitioners  having  betm  heard  before  the  two  Houses  by 
Council  in  Support  of  their  Petition  Ordered  That  the  hon*>ie  Thomas  Hutchinson 
Esq"^  William  Brattle  and  Israel  Williams  Esq"  with  such  as  the  hon^ie  House  shall 

•  Sic:  "be "omitted. 


700  Peovince  Laws.— 1763-64.  [Notes.] 

join  be  a  Committee  to  inquire  further  into  the  Indians  Title  to  the  Lands  men- 
tioned and  Report. 

In  the  House  of  Representatives;  Read  and  Concurred  and  M""  Tyler,  M""  Otis, 
Eldad  Taylor  Esq''  and  Colo  Partridge  are  joined  in  the  Affair."  —  Council  Records, 
vol.XXIV.,p.Z^l. 

"  June  1,  1762.  The  Committee  appointed  to  consider  the  Petition  of  the  Indians 
at  Stockbridge  made  the  following  Report  viz*  The  Committee  having  considered 
the  said  Petition  and  the  Arguments  in  support  of  it  at  a  hearing  before  the  Houses 
are  humbly  of  opinion  That  there  has  not  been  sufficient  Evidence  offered  to 
support  the  Indian  Title  to  the  Lands  referred  to  in  the  said  Petition,  That  the  In- 
dians have  for  many  Years  past  laid  claim  to  Lands  in  the  Western  parts  of  the 
Province,  and  when  Grants  have  been  made  of  Townships  in  that  part  of  the  Prov- 
ince, Gratuities  have  been  frequently  made  to  the  Indians  to  prevent  discontents 
and  keep  them  quiet.  That  divers  Persons  have  lately  in  an  irregular  manner 
made  Purchases  of  the  Indians  and  paid  them  large  sums  of  money,  which  Pur- 
chases the  Committee  are  of  opinion  ought  not  to  be  countenanced  by  the  Govern- 
ment. The  Committee  are  therefore  of  opinion  that  although  in  strict  Justice 
nothing  is  due  from  the  Government  to  the  Indians,  they  not  having  shown  any 
Title  to  the  Lauds  in  their  Petition  mentioned;  yet  inasmuch  as  Gratuities  have 
been  made  to  them  iu  the  like  cases  heretofore;  and  it  may  be  of  imijortance  to  the 
Public  to  keep  the  Indians  quiet  and  in  good  temper  that  therefore  a  sum  of  money 
not  exceeding  One  Thousaml  pounds  be  deposited  in  the  hands  of  a  Committee  of 
this  Court  for  the  use  of  the  said  Indians  to  be  applied  as  shall  appear  to  the  said 
Committee  to  be  equitable,  the  said  Indians  before  such  application  be  made,  re- 
linquishing all  Claim  to  any  of  the  Lands  of  the  Province  to  which  they  pretend  a 
title.  The  Committee  are  furtlier  of  opinion  that  the  Committee  of  this  Court 
appointed  to  make  Sale  of  the  Lands  in  the  Western  parts  of  the  Province  should 
proceed  as  ordered.    In  Council  Read  and  sent  down. 

In  the  House  of  Representatives;  Read  and  Oi'dered  That  this  Report  be 
accepted. — In  Council  Read  and  Concurred." — Ibid.,]).  392. 

"June  2,  1762.  In  the  House  of  Representatives;  Ordered  That  the  sum  of  One 
Thousand  pounds  as  mentioned  in  the  Report  of  the  Committee  upon  the  Petition 
of  the  Stockbridge  Indians  be  granted  and  paid  out  of  the  Public  Treasury  into  the 
hands  of  a  proper  Committee  hereafter  to  be  chosen  by  this  Court  for  the  use  of  the 
said  Stockbritlge  Indians  to  be  applied  as  shall  appear  to  such  Committee  to  be 
equitable  Provided  That  before  the  payment  of  said  sum  by  the  Treasurer  he  shall 
take  bond  from  the  same  Committee  conditioned  for  the  faithful  discharge  of  their 
Trust,  and  to  be  accountable  to  the  satisfaction  of  the  General  Court  for  tlie  same. 
Provided  also  that  before  the  payment  of  said  sum,  the  said  Indians  shall  release 
all  Claim  to  any  of  tlie  Lands  of  the  Province  to  which  they  pretend  a  Title,  as  also 
to  any  Lands  which  have  been  granted  by  the  Province,  Grants  to  themselves  ex- 
cepted. And  that  the  Committee  of  this  Court  appointed  to  make  Sale  of  the 
Lands  in  the  Western  parts  of  the  Province  proceed  as  ordered. 

In  Council  Read  and  Concurred.    Consented  to  by  the  Governor." — Ibid.,  p.  395. 

"  June  11,  1762.  In  the  House  of  Representatives;  Resolved  That  Eldad  Taylor 
and  Timothy  Woodbridge  Esq^^  with  such  as  the  honorable  Board  shall  join  be  a 
Committee  to  receive  out  of  the  Province  Treasury  the  Gratuity  ordered  the  Stock- 
bridge  Indians  on  the  second  of  June  Instant,  and  that  the  said  sum  be  augmented 
to  fifteen  hundred  pounds  in  the  whole  and  be  disposed  of  according  to  the  direc- 
tions of  the  order  of  this  Court  of  the  said  2*i  of  June,  and  that  any  two  of  said 
Committee  may  receive  tlie  said  money  upon  giving  bond  to  the  Treasurer  for  the 
same.— In  Council  Read  and  Concurred  and  John  Ashley  Esq^  is  joined  iu  the 
Affair.    Consented  to  by  the  Governor." — Ibid.,j).  428. 

"Feb.  1,  1763.  The  Secretary  delivered  to  the  two  Houses  respectively  the  fol- 
lowing Message  from  his  Excellency  the  Governor  viz'  Gentlemen  of  the  Council 
and  Gentlemen  of  the  House  of  Representatives 

I  hereby  lay  before  you  a  Letter  I  have  received  from  the  Sachem  of  the  Stock- 
bridge  Indians:  and  recommend  to  You  to  take  their  case  into  your  consiileration, 
and  remove  from  them  all  cause  of  Complaint — 

Province  House     .  Era  Bernakd. 

January  31:  1763."— 76jd..p.  543. 

"  Feb.  i7, 1763.  Upon  a  Memorial  of  the  Stockbridge  Indians  the  following  Order 
passed  the  Court  viz' 

In  the  House  of  Representatives;  Resolved  That  the  sum  of  Two  hundred 
pounds  in  addition  to  the  sum  of  Fifteen  hundred  pounds  granted  by  the  General 
Court  in  June  last,  be  given  to  the  Stockbridge  Indians,  so  as  to  make  up  the  sum 
of  Seventeen  hundred  agreeable  to  their  Petition  exhibited  to  General  Court  tbis 
present  Session;  which  sum  of  Seventeen  hundred  pounds  shall  be  paid  to  Timothy 
Woodbridge  Esq''  to  be  applyed  by  the  said  Timothy  Woodbridge  as  shall  appear 
to  him  to  be  equitable,  Provided  that  before  the  payment  of  said  sum,  the  said 
Timotliy  give  bond  to  the  Treasurer  of  this  Province  conditioned  for  the  faithful 
discharge  of  his  trust  aforesaid;  and  to  render  a  true  Account  of  his  disposition  of 
the  same  to  this  Court,  Provided  also  that  before  the  payment  of  the  said  Sum  to  tbe 
said  Indians,  they  shall  release  all  Claims  to  any  of  the  Lands  of  this  Province 
(Grants  to  themselves  excepted)  And  it  is  further  Resolved  That  upon  the  said  In- 
dians accepting  the  said  sum  of  Seventeen  hundretl  pounds,  and  releasing  as  afore- 
said; the  present  English  Claimers  of  the  lands  called  Yokum  Town  and  Mount 
Ephraim,  bounded  Westerly  on  the  Province  line.  Northerly  in  part  on  Pittstield, 
and  in  part  on  Province  Land  so  called.  Easterly  on  Housatonuc  River  and  South- 
erly in  part  on  Stockbridge  North  line  and  in  part  on  the  Ministers  Grants  and  iu 
part  on  unappropriated  Lands,  they  the  said  Claimers  giving  Security  to  the  Treas- 


[Notes.]  Province  Laws.— 1763-64.  701 

iirer  of  the  said  Province  for  the  payment  of  Six  hundred  and  fifty  pounds  to  be 
paid  within  one  year  without  Interest,  the  same  Claimers  agreeable  to  a  certain 
Piatt  of  the  said  Lands  called  Yokum  Town  and  Mount  Ephvaim  as  named  in  the 
same  Piatt  of  the  said  Lands  (provided  as  is  hereafter  provided)  now  exhibited  to 
this  Court;  they,  their  heirs  and  Assigns,  so  many  of  them  as  shall  duly  pay  their 
full  Quota  of  the  said  sum  of  Six  hundred  and  fifty  pounds  according  to  the  several 
quantities  and  parcels  of  the  same  Lands  as  delineated  in  said  Plan,  shall  have  and 
hold  the  same  to  them,  their  heirs  and  Assigns  in  severalty  agreeable  to  the  several 
Allotments  in  the  same  Plan,  with  their  several  names  therein  set  down;  the 
Public  Lots  in  said  Land  to  be  to  the  uses  as  therein  set  down;  that  within  the 
space  of  five  Years  from  this  time,  there  be  fifty  Settlers  residing  within  the  Limits 
of  the  said  Yokum  Town  and  Mount  Ephraim,  who  shall  each  have  a  dwelling 
house  of  the  following  dimensions  viz'  Twenty  four  feet  in  length  and  eighteen 
feet  in  wedth,  and  seven  feet  stud,  and  have  Seven  acres  of  Land  well  cleared  and 
fenced,  and  brought  to  English  Grass  and  ploughing  and  that  the  Settlers  aforesaid 
shall  have  settled  among  themselves  within  the  term  aforesaid  a  learned  Protes- 
tant Minister  of  the  Gospel:  Provided  that  the  said  Claimers  under  said  Indian 
Title  shall  and  do  actually  yield  and  pay  to  said  Stockbridge  Indians  yearly  the 
several  Rents  heretofore  reserved  by  said  Indians  from  said  Claimers  upon  such 
Leases  as  they  have  received  from  said  Indians  for  the  term  therein  mentioned, 
unless  s'l  Claimers  within  one  year  from  this  day  obtain  from  said  Indians  absolute 
Grants  of  said  Lands  in  Fee  for  such  considerations  as  they  with  the  Advice  and 
consent  of  Timothy  Woodbridge  Esq^  think  proper,  who  is  hereby  impowered  to  see 
Justice  done  said  Indian^  in  said  Sale. — 

Resolved  also  That  Whereas  Samuel  Brown  jun"'  has  given  Bond  to  the  Govern- 
ment for  the  payment  of  the  sum  of  Six  hundred  and  fifty  pounds  in  consideration 
of  the  said  Lands  of  Yokum  Town  and  Mount  Ephraim,  that  in  case  any  of  the 
Grantees  or  Lessees  of  said  Land  should  refuse  or  neglect  to  pay  their  propor- 
tionable part  of  the  said  Six  hundred  and  fifty  pounds  to  the  Government  agreea- 
ble to  the  order  of  this  Court  said  Brown  shall  and  may  make  Sale  of  the  L(jts  and 
Rights  of  such  Persons  neglecting  or  refusing  as  aforesaid.  Provided  the  said  Plans 
do  not  interfere  with  any  former  Grants  from  this  Province. — In  Council  Read 
and  Concurred.    Consented  to  by  the  Governor." — Ibid.,  p.  594. 

"  Feb.  22,  1763.  In  the  House  of  Representatives;  Ordered  That  the  Deed  from 
the  Stockbridge  Indians  conveying  sundry  Tracts  of  Land  to  this  Province  be  re- 
corded in  the  Secretary's  Office:  and  he  is  to  cause  the  same  to  be  recorded  in  the 
Registers  Office  for  the  Counties  of  Hampshire  and  Berkshire  after  that  the  said 
Deed  to  be  returned  into  the  Secretarys  Office. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  603. 

"  June  15,  1763.  Upon  tlie  Petition  of  Charles  Goodrich  in  the  name  and  behalf 
of  the  Grantees  of  a  place  called  Yokum  Town,  the  following  order  passed  the  two 
Houses  viz' 

In  the  House  of  Representatives  Resolved  That  the  proprietors  of  the  Township 
called  Yoakumtown  in  the  County  of  Berkshire  who  hold  their  Land  in  severalty 
be,  and  they  hereby  are  vested  with  all  the  Powers  &  Priviledges  that  Proprietors 
of  common  &  undivided  Lands  in  New  Townships  in  this  Prov'^":  are  Vested  with 
Ity  Law,  and  that  Timotby  Woodbridge  Esq""  one  of  his  Majesty's  Justices  of  the 
Peace  for  said  County  be  iiereby  impowered  upon  application  to  him  made  by  five 
of  the  said  proprietors  to  issue  his  warrant  for  the  first  meeting  of  the  said  Proprie- 
tors to  transact  such  Matters  and  things  as  in  such  application  shall  be  made,  the 
said  Justice  in  said  Warrant  to  assign  the  time  and  place  for  said  meeting.  In 
Council  Read  and  Concurred." — Ibid.,  vol.  XXV., p.  78. 

Chap.  28.  "  Dec.  23, 1763.  In  the  House  of  Representatives  Ordered  That  Cap' 
Tayhn-,  Major  Hartwell  and  M^  Waldo  with  such  as  the  honorable  Board  shall 
ajipoint,  be  a  Committee  to  reduce  into  one  Act  all  the  Laws  for  the  preservation 
of  Deer  and  Moose. 

In  Council  Read  and  Concurred  and  a  Committee  on  the  i^art  of  the  Board  was 
joined  in  the  Affair." — Council  Records,  vol.  XXV.,  p.  97. 

Chap.  .30.  "June  3,  1763.  A  Petition  of  Amos  Kimball  and  Ephi'aim  Witney 
Agents  for  more  than  forty  of  the  Inhabitants  of  the  Westerly  part  of  Lunenburgh. 
Praying  That  they  may  be  set  off  from  the  said  Town  and  erected  into  a  separate 
District.  In  the  House  of  Representatives  Read  and  Ordered  That  M''  Wood  Col" 
Gerrish  and  Cap"  Lawrence  with  such  as  the  honbie  Board  shall  appoint  be  a  Com- 
mittee to  consider  this  Petition  and  report.  In  Council  Read  and  Nonconcurred." 
— Council  Records,  vol.  XXV.,  p.  27. 

Chap.  32.  "  This  Act  has  been  continued  from  time  fco  time  for  several  years,  with 
occasional  additions  or  omissions.  It  is  now  made  as  comprehensive  and  effectual 
as  ever,  at  my  desire,  who  have  made  myself  acquainted  from  the  Indians  them- 
selves, with  the  great  abuses  and  dangerous  mischiefs  of  the  English  trading  with 
the  Indians  and  hunting  in  their  Territories;  of  which  I  gave  the  Assembly  several 
proofs  from  recent  facts. 

At  the  end  of  this  Act  is  a  new  Clause  impowering  the  Governor  with  the  advice 
of  the  Council  to  Grant  Licences  to  persons  to  trade  with  the  Indians.  This  was 
inserted  at  my  desire  that  the  Act  might  not  seem  to  contradict  his  Majesty's 
late  Proclamation.  But  there  will  be  no  occasion  to  make  use  of  this  Power  until 
our  Settlements  in  the  Eastward  are  extended  farther  than  they  are  at  present  or  are 
like  to  be  for  some  time.  For  all  the  Eastern  Indians  that  communicate  with  this 
Province  are  so  few,  that  the  two  public  truckhouses  at  Fort  Halifax  &  Fort  Pow- 


702  Peovince  Laws.— 1763-64.  [Notes.] 

nail  are  more  than  enough  to  supply  them  with  all  they  want.  Nor  would  it  be 
worth  the  while  of  this  Government  to  support  those  truckhouses  for  the  advantage 
of  the  trade  only,  which  by  no  means  pays  its  own  expences;  the  preventing  the 
mischiefs  of  the  private  Indian  trade  is  by  much  the  chief  consideration  of  keeping 
up  these  truckhouses,  And  I  am  convinced  that  if  a  private  Indian  trade  was  to  be 
generally  allowed,  it  would  be  impossible  to  keep  the  Country  in  peace." — Gov. 
Bernard  to  Lords  of  Trade,  Mar.  10,  1764:  "Mass.  Bay,  B.T.,"  vol.  78,  L.I.,  69,  in 
Public-Record  Office. 

"Oct.  23, 1764.  A  Memorial  of  Thomas  Hubbard  Esq'' Commissary  General  Setting 
forth,  That  in  and  by  An  Act  of  this  Government  made  and  passed  in  the  4"'  year 
of  his  present  Majesty's  Reign  for  regulating  the  Indian  Trade,  provision  was  made 
that  the  Truckmasters  be  paid  such  Sum  or  Sums,  as  this  Court  sliall  judge  reason- 
able; but  that  this  Court  have  never  yet  determined  what  such  Allowance  should 
be.  And  praying  that  they  would  now  determine  thereon  that  so  he  may  settle 
with  the  said  Truckmasters  accordingly. — 

In  the  House  of  Representatives  Read  and  Ordered  That  5  ^  Cent  be  allowed  the 
several  Truckmasters  for  all  sums  remitted  to  the  Commissary  General. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor."  —  Council  Rec- 
ords, vol.  XXV.,  p.  288. 


ACTS, 


Passed      1764—65. 


[703] 


I 


ACTS 

Passed  at  the  Session  begun  and  held  at  Concord, 
ON  THE  Thirtieth  day  of  May,  A.D.  1764. 


CHAPTER    1. 

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

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  sum  of  thirteen  hundred  pounds  be  and  hereb3Ms  granted   Grant  of  £1,300' 
unto  his  most  excellent  majesty',  to  be  paid  out  of  the  public  treasury  of'^his^^majesty's 
to    his    excellency,    Francis    Bernard,    Esquire,    captain-general    and   governor, 
governor-in-chief  in  and  over  his  majesty's  province  of  the  Massa- 
chusetts Ba}',  to  enable  him  to  carr^'  on  the  affairs  of  this  govern- 
ment.    \_Passed  June  1. 


CHAPTER     2. 

AN  ACT  IN  ADDITION  TO  AND  EXPLANATION  OF  THE  SEVERAL  ACTS 
OF  THIS  PROVINCE,  PROVIDING  FOR  THE  SUPPORT  AND  MAINTEN- 
ANCE  OF  THE   POOR. 

"Whereas  a  doubt  has  arisen  on  an  act  passed  in  the  fourth  3'ear  of  Preamble. 
King  William  and  Queen  Mary,  intit[«]led  "An  Act  for  regulating  1743^3;  ch!  is! 
of  townships,  choice  of  town  officers  and  setting  forth  their  power," 
whether  the  justices  of  the  peace,  in  the  court  of  quarter  sessions,  have 
power  to  assess  the  relations  of  a  poor  person,  witliin  the  degrees 
mentioned,  for  anv  cost[s]  accrued  before  application  to  the  court  of 
sessions,  or  for  any  costs  that  one  of  the  relations  of  a  poor  person  may 
have  been  at,  for  the  support  of  such  poor  persons  before  the}-  are  cast 
upon  the  town, — 

Be    it   therefore  enacted  by  the   Governor,    Council   and   House    of 
Hepresenta  t  ives , 

[Sect.  1.]     That  the  justices  of  the  court  of  quarter  sessions  shall  Quarter  sessions 
and  hereby  are  enabled,  from  time  to  time,  to  assess  the  relations  j-eiauonsfor 
within  the  degrees  mentioned  in  the  aforesaid  act  of  King  William  and  support  of  poor 
Queen  Maiy,  for  any  cost[s]  or  charges  incurred  In'  one  relation  of  a  tain  cases, 
poor  person,  for  the  support  of  such  [joor  person  before  such  poor  per- 
son shall  be  so  burthensome  as  to  be  cast  upon  the  town  ;  as,  also,  for 
an}'  costs  incurred  by   the  maint[ai]  [e]  nance  of  an}'  poor  person  before 
application  made  to  the  sessions. 

Provided. — 

[Sect.  2.]     That  no  assessment  shall  be  made  in  favour  of  any  Proviso, 
particular  relation,   or  town,   for  any  support  for  more  than  two  years 
proceeding  such  application  to  the  court  of  quarter  sessions.     [^Passed 
June  12.  705 


706 


Peovince  Laws. — 1764-65. 


[Chap.  3.] 


CHAPTER    3. 

AN  ACT  FOR  APPORTIONING  AND  ASSESSING  A  TAX  OF  FIFTY  THOU- 
SAND POUNDS;  ALSO,  FOR  APPORTIONING  AND  ASSESSING  A  TAX 
OF  EIGHTEEN  HUNDRED  AND  FORTY-NINE  POUNDS  TWO  SHIL- 
LINGS AND  SIXPENCE,  PAID  THE  REPRESENTATIVES  FOR  THEIR 
TRAVEL,  SERVICE  AND  ATTENDANCE  IN  THE  GENERAL  COURT  IN 
THE  YEAR  ONE  THOUSAND  SEVEN  HUNDRED  AND  SIXTY-THREE; 
ALSO,  FOR  ASSESSING  THE  TOWNS  OF  SUNDERLAND  AND  MON- 
TAGUE THE  SUM  OF  TWENTY-SIX  POUNDS  TWELVE  SHILLINGS, 
BEING  SO  MUCH  LAID  UPON  NEW  SALEM,  FOR  THEIR  PART  OF 
THE  CHARGE  OF  A  REPRESENTATIVE  SENT  FROM  SUNDERLAND, 
AFTER  THEY  WERE  DISCHARGED  FROM  PAYING  ANY  SUM  FOR 
THAT  PURPOSE,  WHICH  »UM  IS  ORDERED  BY  THE  GENERAL 
COURT  TO  BE  ADDED  TO  SUNDERLAND  AND  MONTAGUE  TAX  THE 
PRESENT  YEAR;  ALSO,  TO  ASSESS  THE  TOWN  OF  LEXINGTON  THE 
SUM  OF  FIFTY  POUNDS  SIXTEEN  SHILLINGS  AND  ONE  PENNY, 
TRANSFERRED  TO  SAID  TOWN  FROM  THE  TOWN  OF  LINCOLN, 
BEING  SO  MUCH  WHICH  THE  TOWN  OF  LINCOLN  HAS  PAID,  MORE 
THAN  THEIR  JUST  PROPORTION,  AND  WHICH  SHOULD  HAVE  BEEN 
LAID  UPON  THE  TOWN  OF  LEXINGTON;  ALSO,  TO  ASSESS  THE 
TOWN  OF  BELCHERTOWN  THE  SUM  OF  SIX  POUNDS  TWO  SHIL- 
LINGS AND  NINEPENCE,  BEING  SO  MUCH  THAT  THE  TOWN  OF 
GREENWICH  WAS  TAXED,  THROUGH  MISTAKE,  MORE  THAN  THEIR 
PROPORTION,  AND  WHICH  SHOULD  HAVE  BEEN  LAID  UPON 
BELCHERTOWN;  ALL  WHICH  TAXES  ARE  TO  BE  OVER  AND  ABOVE 
THEIR  PROPORTION  OF  WHAT  IS  LAID  UPON  SAID  TOWNS:  ALL 
WHICH  SUMS  AMOUNT  TO  FIFTY-ONE  THOUSAND  EIGHT  HUNDRED 
AND  EIGHTY-ONE  POUNDS  SEVENTEEN  SHILLINGS  AND  THREE- 
PENCE. 


Whereas  the  great  and  general  court  or  assembly  of  this  province, 
b}'  an  act  made  and  passed  at  their  session  in  May,  one  thousand  seven 
1760-61,  ch.  8,      hundred  and  sixty,  agreed  upon  and  ordered  a  tax  of  nine  thousand 
§  4.  and  six  hundred  pounds  ;  *  and  by  another  act,  made  and  passed  at 

their  session  in  February,  one  thousand  seven  hundred  and  sixtA-two, 
1761-62  ch.  23  agreed  upon  and  ordered  a  further  tax  of  thirty  thousand  pounds ;  and 
§  ■!•  by  an  act,  made  and  passed  at  their  session  in  April  following,  agreed 

1761-62,  ch.  50,     upon  and  ordered  a  further  tax  of  twenty  thousand  and  three  hundre(i 
§•*•  pounds ;  and  by  another  act,  made  and  passed  at  their  session  in  May, 

one  thousand  seven  hundred  and  sixty-three,  agreed  upon  and  ordered 
1763-64,  ch.  16,  ^  further  tax  of  forty-one  thousand  and  thirty-one  pounds  and  four 
§4.  shillings;  amounting  in  the  whole  to  one  hundred  and  eight3'-seven 

thousand  three  hundred  and  thirt3'-one  pounds  and  four  shillings :  and 
whereas  by  the  acts  aforesaid  provision  is  made  that  the  general  court, 
at  this  present  session,  might  apportion  the  same  on  the  several  towns, 
districts,  parishes  and  places  wathin  this  province,  if  the}^  should  think 
fit ;  yet  inasmuch  as  such  a  heavy  tax  will  be  insupportable  to  the  inhab- 
itants of  this  province,  under  their  present  distressed  circumstances, 
and  as  the  parliament  of  Great  Britain  have  been  graciously  pleased 
to  make  a  grant  to  the  colonies  of  one  hundred  and  thirty-three  thou- 
sand three  hundred  and  sixty-three  pounds  six  shillings  and  eightpence, 
to  recompence  them  for  their  services  and  expences  in  the  expedition 
for  the  3-ear  one  thousand  seven  hundred  and  sixty-two ;  of  which  sum, 
this  province's  proportion,  when  drawn  for  b}'  the  province,  or  other- 
wise received  into  tiie  treasury,  with  the  tax  of  fifty  tliousand  pounds, 
now  agreed  to  be  assessed  and  levied  this  year,  together  witli  the  other 
provision  now  made  therefor  hy  this  court,  will  be  sufficient  to  redeem 

*  This  should  be  ninety-six  thousand  pounds. 


[1st  Sess.]  Peovince  Laws.— 1764-65.  707 

the  government  securities,  with  the  interest  thereon,  that  will  become 
due  in  June  next ;  wherefore  for  the  ordering,  directing  and  effectual 
drawing  in  the  said  sum  of  fiftj'-one  thousand  eight  hundred  and  eighty- 
one  pounds  seventeen  shillings  and  threepence,  we,  his  majest3''s 
most  loyal  and  dutiful  subjects,  the  representatives  in  general  court 
assembled,  praj^  that  it  may  be  enacted, — 

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

[Sect.  1.]  That  each  town,  district,  parish  or  other  place  within 
this  province  be  assessed  and  pa}^,  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  fifty-one  thousand  eight  hundred  and 
eight3'-one  pounds  seventeen  shillings  and  threepence,  the  several  sums 
following  ;  that  is  to  say, — 


708 


Pkovince  Laws. — 1764-65. 


[Chap.  3.] 


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709 


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710 


Province  Laws. — 1764-65. 


[Chap.  3.] 


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Province  Laws. — 1764-65. 


711 


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712 


Province  Laws. — 1764-65. 


[Chap.  3.] 


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713 


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And  be  it  further  enacted, 

[Sect.  2.]  That  the  treasurer  do  forthwith  send  out  nis  warrants,  uuies  for  assess- 
directed  to  the  selectmen  or  assessors  of  each  town,  district,  parish  '^^'"• 
or  other  place  within  this  province,  that  are  taxed,  requiring  them, 
respectivelj'^,  to  assess  the  sum  hereby  set  upon  such  town,  district,  par- 
ish or  other  place,  in  manner  following ;  that  is  to  saj^  to  assess  all 
rateable  polls  above  the  age  of  sixteen  j'ears,  within  their  respective 
towns,  districts,  parishes  or  other  places,  or  next  adjoining  to  them, 
belonging  to  no  other  town  or  place,  at  six  shillings  and  eightpence  per 
poll,  and  proportionabl}^  in  assessing  the  additional  sum  paid  out  of  the 
treasury  to  the  representatives,  for  their  travel  and  attendance  aforesaid 
(excepting  the  governor,  lieutenant-governor  and  their  families,  the 
president,  fellows,  professors,  Hebrew  instructor  and  students  of 
Harvard  College,  settled  ministers  and  grammar-school  masters,  who 
are  hereb}^  exempted  as  well  from  being  taxed  for  their  polls,  as  their 
estates  being  in  their  own  hands,  and  under  their  actual  management 
and  improvement ;  as  also  the  estate  pertaining  to  Harvard  College)  ; 
and  other  persons,  if  such  there  be,  who,  through  age,  infirmit}^  or 
extreme  poverty,  in  the  judgment  of  the  assessors,  are  not  able  to  pay 
towards  public  charges,  they  may  exempt  their  polls  or  estate,  or 
abate  part  of  what  the}'^  are  set  at,  as  in  their  pi'udence  they  shall  think 
fit  and  judge  meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  respec- 
tive counties  assembled,  in  granting  a  county  tax  or  assessment,  are 
hereby  ordered  and  directed  to  apportion  the  same  on  the  several 
towns,  districts,  parishes  and  other  places  in  such  county,  in  proportion 
to  their  province  rate  ;  and  the  assessorsof  each  town  in  the  province 
are  also  directed,  in  making  an  assessment,  to  govern  themselves  by 
the  same  rule  ;  and  the  incomes  of  all  estates,  both  real  and  personal, 
lying  within  the  limits  of  such  town,  district,  parish  or  other  place, 
or  next  unto  the  same,  not  pacing  elsewhere,  in  whose  hands,  tenure, 
occupation  or  possession  the  same  is  or  shall  be  found  ;  and  also  the 
incomes  or  profits  v^^hich  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  arise  by 
mone}-,  or  commissions  of  profit,  in  their  improvement,  according  to  their 
understanding  or  cunning,  at  twelvepence  per  pound  ;  and  to  abate  or 
multiply  the  same,  if  need  be,  so  as  to  make  up  the  sum  set  and  ordered 
hereby  for  each  town,  district,  parish  or  other  place  to  pay ;  and  in 
making  their  assessment,  to  estimate  houses  and  lands  at  six  3'ears' 
yearl}'  rent  whereat  the  same  may  be  reasonably  set  or  let  for  in  the 
l)lace  where  they  13'e :  saving  all  agreements  between  landlord  and 
tenant,  and  when  no  agreement  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,  accord- 
ing to  their  sound  judgment  and  discretion  ;  as  also  to  estimate  every 
ox  of  four  years  old  and  upwards,  at  fort}'  shillings ;  every  cow  or 
heifer  of  three  j-ears  old  and  upwards,  at  thirty  shillings  ;  and  every  horse 
and  mare  of  three  years  old  and  upwards,  at  forty  shillings  ;  and  every 
swine  of  one  year  old  and  upwards,  at  eight  shillings  ;  goats  and  sheep 
of  one  year  old  and  upwards,  at  three  shillings  each  ;  the  several  crea- 
tures above  mentioned  to  be  taxed  to  their  respective  owners  or  occu- 
pants, by  the  assessors  of  the  towns  in  which  the  owners  or  occupants 
dwell :  likewise  requiring  the  said  assessors  to  make  a  fair  list  of  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  if  as  guardians,  or  for  any  estate,  in  his 


718 


Peovince  Laws. — 1764-65. 


[Chap.  3.] 


Inhabitants  to 
bring  in  a  true 
list  of  their 
polls,  estate, 
&c. 


or  her  improvement,  in  trust,  to  be  distinct!}'  expressed  ;  and  the  list  or 
lists  so  perfected,  and  signed  by  them,  or  the  major  part  of  them,  to 
commit  to  the  collector,  constable  or  constables  of  any  such  town, 
district,  parish  or  place,  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  November  next. 

[Sect.  4.]  And  the  treasurer,  for  the  time  being,  upon  receipt  of 
such  certificate,  is  hereb^^  impowered  and  ordered  to  issue  forth  his 
warrants  to  the  collector,  or  constable  or  constables  of  such  town,  dis- 
trict, parish  or  place,  requiring  him  or  them,  respectively,  to  collect  the 
whole  of  each  respective  sum  assessed  on  each  particular  person,  and 
to  pa}'  in  their  collection,  and  issue  their  accompts  of  the  whole,  at  or 
before  the  thirtieth  day  of  March,  which  will  be  in  the  3'ear  of  our  Lord 
one  thousand  seven  hundred  and  sixt^'-five. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  assessors  of  each  town,  district,  parish  or  other 
place,  respectiveh',  in  convenient  time  before  their  making  of  the 
assessment,  shall  give  seasonable  warning  to  the  inhabitants,  in  a  town- 
meeting  or  b}'  posting  up  notifications  in  some  place  or  places  in  such 
town,  district,  parish  or  place,  or  notif}'  the  inhabitants  some  other 
wa,y,  to  give  or  bring  in  to  the  assessors  true  and  perfect  lists  of  their 
polls,  rateable  estate,  and  income  bj'  trade  or  faculty,  and  gain  by 
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  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  per- 
son 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  b}'  legal  proof, 
in  the  judgment  of  said  assessors,  in  bringing  in  a  false  list ;  the  said 
fi.nes  to  be  for  the  use  of  the  poor  of  such  town,  district,  parish  or 
place  where  the  delinquent  lives,  to  be  levied  by  warrant  from  the 
assessors,  directed  to  the  collectors  or  constables  in  manner  as  is 
directed  for  gathering  the  town  assessments,  to  be  paid  in  to  the  town, 
district  or  parish  treasury,  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  the  case  of  being  overrated. 
And  if  any  person  or  persons  shall  not  bring  in  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  any 
abatement  of  the  assessment  laid  on  him  or  them. 

[Sect.  6.]  And  if  the  person  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  emplo3'ment,  which  he  does  or  shall  exer- 
cise, 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  propor- 
tion to  the  tax  which  the  assessors  ma}'  not  exceed. 

And  forasmuch  as,  oftentimes,  sundry  persons,  not  belonging  to  this 
province,  bring  considerable  trade  and  merchandize  into  the  same,  and 
by  reason  that  the  tax  or  rate  of  the  town  where  they  come  to  is 
finished  and  dehvered  to  the  constable  or  collectors,  and,  before  the 
next  year's  assessment,  are  gone  out  of  the  province,  and  so  pay  noth- 
ing towards  the  support  of  the  government,  tho',  in  the  time  of  their 
residing  here,  they  reaped  considerable  gain  by  trade,  and  had  the  pro- 
tection of  the  government, — 


[1st  Sess.] 


Province  Laws. — 1764-65. 


719 


Be  it  therefore  enacted^ 

[Sect.  7.]  That  when  an^'  person  or  persons  shall  come  and  reside 
in  an}'  town  within  this  province,  and  bring  any  merchandize,  or  trade 
to  deal  therewith,  the  assessors  of  such  town  are  herebj'  impowered  to 
rate  and  assess  all  such  persons,  according  to  their  circumstances,  pur- 
suant to  the  rules  and  directions  of  this  act  provided,  though  the  former 
rate  may  have  been  finished,  and  a  new  one  not  perfected,  as  aforesaid. 

And  be  it  further  enacted^ 

[Sect.  8.]  That  when  anj'  merchant,  trader  or  factor,  shall  set  up  a 
store,  and  trafflck,  or  carry  on  an}'  trade  or  business,  in  an}'  town  within 
this  province,  not  being  an  inhabitant  of  such  town,  the  assessors  of 
such  town  where  such  trade  and  business  shall  be  carried  on  as  afore- 
said, be  and  hereby  are  impowered  to  rate  and  assess  all  such  mer- 
chajits,  traders  and  factors,  their  goods  and  merchandizes,  for  carrying 
on  such  trade  and  business  and  exercising  their  faculty  in  such  town, 
pursuant  to  the  rules  and  directions  in  this  act :  provided,  before  any 
such  assessors  shall  rate  such  persons,  as  aforementioned,  the  select- 
men of  the  town  where  such  trade  is  carried  on  shall  transmit  a  list  of 
such  persons  as  the}'  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  enjoined  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  whereas  it  has  been  the  practice  of  some  of  the  inhabitants  of 
the  town  of  Boston  to  remove  to  some  otlier  town  in  this  province,  and 
there  reside  for  some  months,  to  avoid  pa}ing  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.  10.]  That  when  any  inhabitant  of  the  town  of  Boston  shall 
remove  to  any  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 
contrary  notwithstanding.     [^Passed  June  14. 


Transient  trad- 
ers to  be  rated. 


Merchants  to  be 
rated  for  carry, 
jng  on  trade  iu 
any  town  be- 
sides where  they 
dwell. 


Selectmen  to 
transmit  a  list 
of  such  persons 
before  they  are 
rated. 


Inhabitants  of 
Boston  who 
remove  out  of 
town,  and  return 
in  a  year,  to  pay 
their  tax  in  said 
town. 


CHAPTER   4. 

AN  ACT  TO  IMPOWER  THE  PROVINCE  TREASURER  TO  DRAW  BILLS 
OF  EXCHANGE  UPON  THE  AGENT  OF  THE  PROVINCE,  IN  GREAT 
BRITAIN. 


Whereas  the  parliament  of  Great  Britain  has  made  a  grant  of  one  Preamble, 
hundred  and  thirty-three  thousand  three  hundred  and  thirty-three 
pounds  six  shillings  and  eightpence  sterling,  to  enable  his  majesty  to 
recompence  his  northern  colonies  in  America,  for  their  military  services 
in  the  year  one  thousand  seven  hundred  and  sixty-two,  a  proportion  of 
which  grant,  it  is  expected,  is  already  assigned  this  province, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]     That  the  province  treasurer  be  and  he  hereby  is  impow-  Province  treas- 
ered  and  directed  to  draw  bills  of  exchange  on  Jasper  Mauduit,  Esq^'l,   ^  draw^wus'^of^ 
agent  for  said  province  in  Great  Britain,  or,  in  case  of  his  being  pre-  exchange. 
vented  by  death,  absence,  or   any  other  way,  on  Richard  Jackson, 


720 


Province  Laws. — 1764-65. 


[Chap.  4.] 


jun[ior],  Esq^""^.,  for  a  sum  not  exceeding  fortj'-eight  thousand  pounds 
sterling  ;  and  the  said  bills  shall  be  drawn  on  the  following  conditions  ; 
viz™.,  that  for  every  hundred  pounds  sterling  for  which  such  bills 
shall  be  drawn,  one  hundred  and  thirt3'-five  pounds  lawful [1]  money 
of  this  province  shall  be  paid  into  the  province  treasur}'^ ;  that  such 
bills  shall  be  drawn,  pa3'able  to  the  persons  purchasing  the  same,  or  to 
their  order,  at  thirty  days'  sight ;  but  if  the  province  agent,  or,  in  case 
of  his  being  prevented  by  death,  absence,  or  any  other  wa}',  Richard 
Jackson,  jun[ior],  Esq'^''^.,  at  the  expiration  of  thirty  da3's,  shall  not 
have  received  the  province's  proportion  of  the  grant,  then  interest  shall 
be  allowed,  from  the  expiration  of  said  thirty  da^'s,  at  the  rate  of  six 
per  cent  per  annum,  until  paid  :  and  such  bills  shall  not  be  protested 
until  twelve  months  shall  be  expired  from  their  respective  dates  ;  and  in 
case  of  their  being  returned  protested,  after  the  expiration  of  said 
twelve  months,  the  province  treasurer  shall  repay  the  sums  received 
into  the  treasur}'  for  such  bills,  with  [^/le]  lawful  interest  from  their 
respective  dates,  but  shall  not  be  liable  to  pay  any  loss  or  damages  on 
account  of  the  protesting  such  bills  :  said  bills  to  be  of  the  form  follow- 
ing ;  vizi^'^., — 


sterling.     (No.     ),  Boston, 


176 


Form  of  the  bill.        Exchange  for  £ 
Sir, 

At  thirty  days'  sight  of  this  my  first  per  exchange  (second,  third  and  fourth, 
of  the  same  tenor  and  date,  unpaid),  pay  unto  ,  or  order, 

pounds  sterling,  for  value  received,  and  charge  it  to  the 
province  of  the  Massachusetts  Bay ;  but  if  it  is  not  paid  at  said  thu-ty  days' 
sight,  then  pay  interest  on  that  sum,  from  the  expiration  of  said  thu-ty  days 
until  paid,  at  the  rate  of  six  pounds  per  cent  per  annum ;  and  if  this  bill  and 
interest  is  not  paid  in  one  year  from  the  date  hereof,  I  hereby  oblige  myself, 
and  successors  in  the  office  of  treasurer  of  the  provmce  of  the  Massachusetts 
Bay,  to  pay  said  bill,  with  interest  from  the  date  of  it,  at  the  above  rate, 
until  paid,  when  it  shall  be  returned  with  a  protest  into  the  office  aforesaid, 
but  no  other  charges  or  damages  :  pi'ovided,  that,  if  payment  shall  not  be  de- 
manded within  eight  months  after  the  date  of  said  protest,  the  interest  shall, 
fi'om  that  time,  determine  and  cease. 

H.  G.,  Province  Treasurer. 

To  Jasper  Mauduit,  Esqi^'^.,  agent  for  the  province  of  the  Massachusetts 
Bay,  in  London,  or,  in  case  of  his  death  or  absence,  to  Richard  Jackson,  jun- 
[ior],  EsqW. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  province  treasurer  shall  and  he  hereby  is 
directed  to  prepare,  forthwith,  a  roll  for  receiving  subscriptions  for  the 
bills  aforesaid,  of  which  he  shall  give  public[k]  notice,  that  all  persons 
inclining  ma}'  become  subsci'ibers.  And  the  said  subscription-roll  shall 
lie  open  to  be  subscribed,  until  the  twentieth  da}'  of  August,  one  thou- 
sand seven  hundred  and  sixty-four ;  at  which  time,  if  a  greater  sum 
than  fort3'-eight  thousand  pounds,  aforesaid,  shall  be  subscribed,  each 
subscriber  shall  be  intitled  to  such  a  part  of  said  proportion,  in  bills,  as 
his  particular  subscription  shall  bear  to  the  whole  sum  subscribed. 

Provided,  ahuays, — 

[Sect.  3.]  That  no  person  shall  be  permitted  to  subscribe  for  more 
than  seven  hundred  pounds  sterling,  or  less  than  fifty  pounds  sterling ; 
nor  shall  any  persons  be  admitted  to  subscribe,  but  such  as  are  inhabit- 
ants of  this  province,  until  the  said  twentieth  day  of  August  next,  when, 
if  the  sum  subscribed  shall  appear  to  be  less  than  the  fort^'-eight 
thousand  pounds  aforesaid,  any  persons  whatsoever  shall  be  allowed  to 
become  subscribers  for  the  remainder,  and  in  such  sums  as  they  may 
think  proper,  preference  being  given  to  the  inhabitants  of  this  province. 

And  be  it  further  enacted, 
Anypersoumay       [Sect.  4.]     That  if  the  sum[s]  Subscribed,  as  aforesaid,  shall  not  be 


Treasurer  to 
open  a  subscrip- 
tion. 


Proviso  limiting 
the  sum  to  be 
subscribed,  and 
to  the  inhabit- 
ants of  this 
province. 


[1st  Sess.] 


Peovince  Laws. — 1764-65. 


721 


paid  into  the  province  treasuiy  within  thirty-  days  aftei'  public[k]  notice,  subscribe  after 
given  by  the  treasurer,  in  all  the  Boston  newspapers,  that  he  is  ready  sothjuiy. 
to  draw  the  bills  as  aforesaid,  then  he  shall  allow  any  person  or  per- 
sons whatsoever  to  become  subscribers,  in  the  room  of  those  who  shall 
neglect  to  pa}'  their  subscriptions  until  the  expiration  of  the  thirty 
days  aforesaid  ;  and  such  new  subscribers  shall  be  intitled  to  such  bills 
upon  their  paying  for  them  at  the  rate  aforesaid.     \^Passecl  June  14. 


CHAPTER    5. 

AN   ACT   FOR   ERECTING  THE   PLANTATION  CALLED  IPSWICH-CANADA, 
INTO   A   TOWN   BY  THE   NAME   OF   WINCHENDON. 


Whereas  the  inhabitants  of  the  plantation  called  Ipswich-Canada,  in 
the  county  of  Worcester,  labour  under  many  difficulties  and  inconven- 
ienc[i]es  by  means  of  their  not  being  a  town  ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  plantation  commonly  called  and  known  b}'  the 
name  of  Ipswich-Canada,  in  the  count}'  of  Worcester,  bounded  as  fol- 
lows ;  viz^'^.,  south,  twelve  degrees  west,  seven  miles  and  two  hundred 
rods,  on  Dorchester-Canada  ;  west,  eighteen  degrees  south,  two  hundred 
and  seventy  rods,  on  Westminster  ;  north,  thirty-six  degrees  west,  four 
miles  and  two  hundred  and  twenty  rods,  on  Templetown  line  ;  north, 
seventy-eight  degrees  west,  six  hundi'cd  rods,  on  Templetown  line ; 
north,  twelve  degrees  east,  four  miles  and  two  hundred  and  sixty  rods, 
on  Royal [1] shire  ;  south,  seventy-eight  degrees  west,  six  miles  on  Roy- 
al[l] shire  line, — be  and  hereb}'  is  erected  into  a  town  by  the  name  of 
Winchendon  ;  and  that  the  inhabitants  thereof  be  and  hereby  are  in- 
vested with  all  the  poAvers,  priviledges  and  immunities  which  the  inhab- 
itants of  the  towns  within  this  j)roviucc  do  or  may  enjoj'. 

And  he  it  further  enacted, 

[Sect.  2.]  That  there  be  laid  on  the  lands  already  laid  out  in  the 
said  town  of  Winchendon,  a  tax  of  one  penu}'  per  acre  for  the  term  of 
three  j'cars. 

And  he  it  farther  enacted, 

[Sect.  3.]  That  Edward  Hartwell,  Esq^'^.,  be  and  hereby  is  impow- 
ered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  in  said 
town,  requiring  him  to  warn  the  inhabitants  of  the  said  town,  qualitied 
to  vote  in  town  affairs,  to  meet  at  such  time  and  place  as  shall  be 
therein  set  forth,  to  choose  all  such  officers  as  are  or  shall  be  required 
by  law  to  manage  the  affairs  of  the  said  town.     \_Passed  June  14.* 


Preamble. 


Tbe  town  of 
Winchendou 
constituted. 


A  tax  of  one 
penny  pci'  iifre 
granted  for 
three  years. 


Mooting  of  the 
inhabitants,  to 
be  warned. 


CHAPTER    6. 

AN   ACT   IN   ADDITION   TO   THE   LAWS   OF    THIS    PROVINCE    RELATING 

TO   WAYS. 


Whereas  in  and  b}'  the  laws  of  this  province  the  justices  in  the  Preamble, 
courts  of  general  sessions  of  the  peace,  in  the  respective  count[y][?'e]s, 
are  impowered,  in  certain  cases,  to  lay  out  particular  and  private  waAS, 
but  no  provision  by  law  is  made  for  the  discontinuance  of  sujJi  wayg, 
so  laid,  when  the}'  are  found  not  to  be  necessary, — 

*  Signed  June  15,  according  to  the  record. 


722 


Province  Laws. — 1764-65. 


[Chap.  7.] 


Court  of  ses- 
sions empow- 
ered to  discon- 
tinue particular 
and  private 
•ways. 


Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Hepresentatives,  in  general  court  assembled, 

That  it  shall  and  may  be  lawful [1]  for  the  justices  of  the  respective 
courts  of  general  sessions  of  the  peace,  so  often  as  occasion  may 
require,  upon  application  made  b}'  any  parties  aggrieved  at  the  contin- 
uance of  such  ways,  and  all  parties  interested  in  such  ways  being  duly 
cited  and  heard,  to  disqpntinue  any  particular  or  private  way  laid  out 
as  aforesaid.     \_Passed  June  14.* 


CHAPTEK    7. 

AN  ACT  TO  IMPOWER  THE  PROPRIETORS  OF  THE  MEETING-HOUSE 
IN  THE  TOWN  OF  NEWBURYPORT,  WHERE  THE  REVEREND  MR. 
JONATHAN  PARSONS  OFFICIATES,  TO  RAISE  MONEY  TO  DEFREY 
MINISTERIAL  AND  OTHER  NECESSARY  CHARGES. 


Preamble. 
1751-52,  chap. 
19. 


Proprietors 
empowered  to 
tax  the  pews. 


First  meeting, 
how  to  be  called. 

1735-36,  chap.  5. 


Pews  to  be 
valued : 


—  may  be  a  new 
estimate. 


Collectors  may 
te  appointed. 


Whereas  it  is  found  inconvenient  to  raise  monej-  for  defreying  min- 
isterial charges  in  the  town  of  Newburyport,  b}'  an  assessment  or  tax 
on  polls  and  estates  in  said  town ;  and  tvhereas  many  persons  attend 
the  publick  worship  of  God  in  the  aforesaid  meeting-house,  where  the 
Reverend  Mr.  Jonathan  Parsons  officiates,  who  do  not  pa}'  anything 
for  the  support  of  the  ministry  there,  and  are  not  taxed  towards  the 
support  of  the  same  anywhere  else ;  aiid  tohereas  the  aforesaid  propri- 
etors are  not  by  law  enabled  to  tax  such  persons  towards  the  support 
of  the  ministry'  there, — 

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

[Sect.  1.]  That  the  proprietors  of  the  meeting-house  in  the  said 
town  of  Newbuiyport,  where  the  Reverend  Mr.  Jonathan  Parsons  offi- 
ciates, be  and  hereb}'  are  allowed  and  impowered  to  raise,  by  an  assess- 
ment or  tax  on  the  pew[e]s  in  the  meeting-house  aforementioned,  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  an}-  legal  meeting  called  for 
that  purpose,  for  defre3ing  the  ministerial  and  other  incidental  charges  ; 
the  first  meeting  of  such  proprietors  to  be  called  agreeable  to  the  di- 
rection of  the  act  made  and  passed  in  the  eighth  and  ninth  3'ears  of  the 
reign  of  his  late  majesty'  George  the  Second,  intituled  "  An  Act  direct- 
ing how  meetings  of  proprietors  in  wharves  or  other  real  estates  maj'  be 
called." 

And,  to  the  intent  that  such  tax  or  assessment  ma}'  be  equitably' made 
and  dul}'  collected, — 

Be  it  further  enacted, 

[Sect.  2.]  That  the  proprietors  of  the  meeting-house  aforemen- 
tioned be  and  hereby  are  impowered  to  cause  the  pew[e]s  in  the 
meeting-house  aforesaid  to  be  valued  according  to  the  convenience  of 
said  pew[e]s  and  the  situation  thereof,  and  to  put  a  new  est  [i]  mate  upon 
the  pew[e]s,  from  time  to  time,  as  shall  be  found  necessarj',  and  to 
determine  how  much  each  pew,  or  part  of  a  pew,  shall  pa}'  towards 
defreying  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  dis- 
charge of  his  trust.  And  if  any  proprietor  or  owner  of  a  pew  in  the 
aforementioned  house  shall  neglect  or  refuse  to  pay  the  sum  or  sums 
assessed  thereon,  after  having  twenty  days'  notice  given  him  by  the  col- 
lector, the  proprietors  of  the  said  meeting-house  shall  be  and  hereby 

*  Signed  June  15,  according  to  the  record. 


[1st  Sess.] 


Province  Laws. — 1764-65. 


723 


are  impowered,  b}'  themselves  or  b}-  their  committee,  to  sell  or  dispose  of 
the  pew  of  such  delinquent,  according  to  the  valuation  thereof,  as  afore- 
said, and,  with  the  money  raised  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  said  tender. 

And  he  it  further  enacted^ 

[Sect.  4.]  That  the  proprietors  of  said  house  be  and  hereb}'  are 
impowered  to  tax  or  assess  the  several  persons  occupying  or  possessing 
pews  or  seats,  or  parts  of  pews  and  seats,  who  usually  att^end  the  public 
worship  in  said  house  (and  whose  polls  and  estate  are  taxed  nowhere 
else,  for  the  support  of  the  public  worship  of  God),  according  to  their 
several  abilities  and  circumstances,  in  order  to  raise  money  sufficient, 
together  with  what  may  be  assessed  on  the  pews,  to  defrey  their  minis- 
terial and  other  incidental  charges  ;  and  the  said  assessment  or  tax  shall 
be  made  and  collected  by  such  rules  as  parish  taxes  are  made  and  col- 
lected. 

[Sect.  5.]  This  act  to  continue  and  be  in  force  for  the  space  of 
three  3-ears  from  the  publication  of  the  same,  and  no  longer.  \_Passed 
June  14. 


Delinquents' 
pews  may  be 
sold. 


Proviso. 


Persons  occupy, 
ing  pews,  and 
not  taxed  else- 
where, may  be 
taxed. 


Continuance  of 
the  act. 


CHAPTER    8. 

AN  ACT  FOR  ENABLING  THE  PROPRIETORS  OF  THE  LANDS  IN  THE 
TOWN  OF  BARNARDSTON  TO  RAISE  MONIES  TO  PAY  THE  DEBTS 
DUE  FROM  THEM. 


\ 


Whereas  the  proprietors  of  the  lands  in  the  town  of  Bernai'dston,  in   Preamble, 
the  county  of  Hampshire,  are  indebted  in  divers  sums  of  money  to  sun- 
dry persons,  which  became  due  before  the  inhabitants  of  the  said  town 
were  by  law  incorporated  into  a  town, — 

Be   it   therefore  enacted  by  the    Governor,   Coiincil  and  House  of 
Pepresenta  t  ives, 

[Sect.  1.]  That  on  application,  made  by  any  five,  or  more,  of  the  Proprietors' 
proprietox's  aforesaid,  to  any  justice  of  the  peace  in  said  conntv,  setting  [)J''be'cfued°^ 
forth  their  desire  of  a  meeting  of  tlie  said  proprietors,  in  order  to  raise 
monies  for  paying  the  said  del)ts,  and  to  transact  the  several  matters 
relative  and  necessary  thereto,  the  said  justice  be  and  hereby  is  impow- 
ered to  issue  his  warrant,  directed  to  some  one  of  the  said  proprietors, 
requiring  him  to  notify  tiie  said  proprietors  to  meet  at  the  time  and 
place,  and  for  the  purposes,  that  shall  be  therein  mentioned,  a  copy  of 
which,  being  posted  up  in  some  public  place  in  the  said  town,  and  also 
inserted  in  three  of  the  Boston  newspapers  for  three  weeks,  succes- 
sivel}',  twenty  days  at  least  before  the  time  of  such  meeting,  shall  be 
sufficient  notice  to  the  said  proprietors  to  appear  at  and  attend  such 
meeting. 

[Sect.  2.]     And  that  the  proprietors,  so  warned  and  met  as  afore-  whonso 
said,  shall  be  and  hercbv  are  impowered  to  make  such  votes  as  may  be  warned  and  met, 

•  1  ...  1         11     ■  •  empowered  to 

necessary  for  the  granting,  raising,  assessing,  levying  and  collecting  grant  moneys, 
such  sums  as  they  are  indebted  in,  as  aforesaid,  together  with  such  fur-   *'*'* 
ther  sums  as  they  ma}'  think  proper  for  defraying  the  expences  of  pro- 


7-2-4 


Peovince  Laws. — 1764-65. 


[Chap.  9.] 


Delinquent's 
lands  to  be  sold 
for  payment. 


1761-62,  chap. 
44. 


curing  the  warrant  for  said  meeting  and  the  notification  thereof;  and 
also  for  the  choice  of  such  officers  as  may  be  needed  to  be  employed 
thereabout,  and  to  agree  and  determine  in  what  manner  and  proportion 
the  same  shall  be  set  and  assessed  on  the  said  proprietors  and  their 
lands. 

Atid  be  it  farther  enacted, 

[Sect.  3.]  That  if  any  one  of  the  said  proprietors,  who  shall  be 
assessed  in  any  sum  agreeable  to  the  votes  of  the  said  proprietors, 
made  at  such  meeting  as  aforesaid,  sliall  neglect  to  pa}'  the  same  for 
the  space  of  sixty  days  after  such  assessment  is  made,  and  published 
by  posting  up  the  same  in  the  town  aforesaid  and  in  the  shire  town  of 
the  said  county,  the  assessors  shall  have  the  same  powers  for  making 
sale  and  conveyance  of  such  delinquent  proprietor's  lands,  and  shall 
observe  the  same  rules  in  all  things  relative  thereto,  as  are  provided  in 
an  act,  made  in  the  second  3'ear  of  his  majest3''s  reign,  intitled  "  An  Act 
to  subject  the  unimproved  lands,  within  this  province,  to  be  sold  for 
the  payment  of  taxes  assessed  on  them,  b^'  order  of  the  great  and  gen- 
eral court,  and  votes  and  agreements  of  the  proprietors  thereof,"  etc. 
\_Passed  June  14. 


CHAPTER    9. 


AN  ACT  FOR  PREVENTING  NUISANCES  AND  INCUMBRANCES  ON  DOCK 
SQUARE,  IN  THE  TOWN  OF  BOSTON. 


Preamble. 


Butchers,  &c., 
not  to  encumber 
Dock  Square. 


Selectmen 
empowered  to 
remove  incum- 
brances. 


Fine  for  not 
obeying. 


Place  provided 
for  the  market, 
to  be  regulated 


Whereas  Dock  Square,  so  called,  in  the  town  of  Boston,  near  to 
Faneuil  Hall,  has  of  late  years  been  dailj-  much  incumbered  bj^  butchers, 
victuallers  and  other  people,  who  bring  meat,  victuals  and  provision  to 
market,  by  putting,  placing  and  continuing  their  horses,  carts,  car- 
riages, and  other  incumbrances,  there,  to  the  great  obstructions  and 
hindrance  of  people  passing  up  and  down,  to  the  great  hazard  of  them- 
selves, as  well  as  others  going  there  to  buy  meat  and  other  provisions  ; 
and  tvhereas  the  town  of  Boston,  for  preventing  such  incumbrances  for 
the  future,  have,  at  a  great  expence,  provided  a  commodious  place  for 
all  people,  bringing  meat,  victuals  and  provision  to  market,  for  placing 
themselves,  their  horses,  carriages  and  such  their  market  stores,  in, 
and  so  preventing  such  nuisances  and  incumbrances  as  aforesaid, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Hepresentatives, 

[Sect.  1.]  That  if  an}'  butcher,  victualler,  or  any  other  person, 
bringing  to  market,  in  Boston  aforesaid,  any  meat,  victuals  or  provis- 
ions, shall,  at  an}-  time  after  the  first  day  of  August,  one  thousand  seven 
hundred  and  sixty-four,  presume  to  set  or  place  any  horse,  cart,  car- 
riage, stall,  stand,  bench,  block,  provisions  or  incumbrance  in  or  upon 
the  aforesaid  Dock  Square,  and  shall  not,  immediately  after  being 
directed  or  ordered  by  any  of  the  selectmen  of  Boston,  for  the  time  be- 
ing, or  by  such  other  person  whom  they  shall  appoint  for  that  purpose, 
remove  and  take  away  from  thence  every  such  incumbrance,  as  aforesaid, 
by  him  or  her  so  put  and  placed  there,  shall  forfeit  and  pay  the  sum  of 
five  shillings  for  every  such  neglect  and  ofljence,  for  the  use  of  the  prov- 
ince ;  which  may  be  recovered  by  action,  complaint,  or  information,  by 
the  clerk  of  Faneuil-hall  Market,  before  any  justice  of  the  peace  in  the 
county  ;  which  process  shall  be  served  within  two  days  after  such 
offence  shall  be  committed. 

Ayid  be  it  farther  enacted, 

[Sect.  2.]  That  the  aforesaid  place,  provided  by  the  said  town  of 
Boston  for  the  purposes  aforesaid,  shall,  from  time  to  time,  be  under  the 


[1st  Sess.] 


Province  Laws. — 1764-65. 


725 


regulations  of  the  selectmen  thereof ;  and  that  this  bill  be  published  in  by  the  select- 
all  the  Boston  newspapers  three  weeks,  successivel}',  and  posted  round  ^^^' 
the  market. 

[Sect.  3.]     This  act  to  be  in  force  for  the  space  of  two  years  from  Continuance, 
the  first  da}'  of  August  next,  and  no  longer.     [^Passed  June  14. 


CHAPTEK    10. 

AN  ACT  IN  ADDITION  TO  THE  ACT  INTITULED  "AN  ACT  TO  PREVENT 
THE  UNNECESSARY  DESTRUCTION  OF  ALEWIVES,  IN  THE  TO\VN 
OF  MIDDLEBOROUGH." 


Whereas,  in  and  b}-  the  act  intituled  "  An  Act  to  prevent  the  unne- 
cessary destruction  of  alewives  in  the  town  of  Middleborough,"  made  in 
the  twentj^-second  year  of  his  late  majesty  King  George  the  Second,  all 
persons  are  prohibited  taking  or  catching  alewives  within  the  town  of 
Middleborough,  save  at  the  old  Stone  Ware,  so  called,  in  Namasket 
River,  and  at  such  place  in  Assawampset  Brook  as  said  town  should 
appoint ;  and  whereas  the  prohibition  aud  restriction  aforesaid  has 
been  found  inconvenient ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  during  the  season  wherein  alewives  shall  pass  up 
said  Namasket  River,  to  spawn,  in  the  j-ear  one  thousand  seven  hun- 
dred and  sixty-five,  it  shall  be  lawful  for  the  inhabitants  of  said  town 
of  Middleborough  to  catch  alewives  at  or  near  the  place  where  the 
slitting-mill  now  stands,  ou  the  said  river,  on  the  Mondaj-s,  Tuesday's 
and  Wednesdays  of  ever}^  week  ;  liberty  of  taking  fish  there  being  first 
obtained  from  the  owner  or  owners  of  said  mill. 

Provided,  nevertheless, — 

[Sect.  2.]  That  it  shall  be  lawful  for  said  town,  at  a  legal  meeting 
of  the  inhabitants,  to  dispose  of  and  grant,  for  that  j'ear,  the  sole 
pri\iledge  of  catching  alewives,  on  the  da3's  of  the  week  abovemen- 
tioned,  at  or  near  the  mill  aforesaid,  (liberty  therefor  being  first  ob- 
tained of  the  owners  as  aforesaid) ,  to  such  person  or  persons  as  shall 
ofier  most  for  the  same,  and  give  sufficient  securit}',  forthwith,  for  pay- 
ment of  the  sum  ofiered,  at  such  time  and  in  such  manner  as  the 
inhabitants  of  said  town  shall  assign  and  order,  either  by  themselves, 
at  a  town-meeting,  or  by  such  as  thej'  shall  appoint  and  authorize  for 
that  purpose. 

And  he  it  further  enacted, 

[Sect.  3.]  That  no  purchaser  of  the  priviledge  aforesaid  shall  re- 
ceive for  any  alewives  that  may  be  there  caught,  more  than  one  shilling 
for  each  hundred  of  said  fish,  and  so  pro  rata,  for  any  less  or  greater 
number. 

And  he  it  further  enacted, 

[Sect.  4.]  That  any  purchaser  of  the  priviledge  aforesaid,  who 
shall  take  or  catch  an}-  of  said  fish  at  or  near  the  mill  aforesaid,  or 
shall  allow  or  connive  at  any  other  person  taking  any  such  fish  there, 
at  any  other  time  than  that  limited  for  that  purpose  as  aforesaid,  and 
evei-y  other  person  whosoever  that  shall  catch  any  such  fish  on  any  days 
other  than  those  herein  beforementioned,  whether  the  priviledge  afore- 
said shall  have  been  disposed  of  to  any  particular  person  or  persons  or 
not,  shall  forfeit  and  pay  the  sum  of  five  pounds,  and  costs  of  suit,  to 
him  or  them  who  shall  sue  therefor  in  any  court  proper  to  try  the 
same.     {^Passed  June  14. 


Preamble. 
1749-50,  chap. 
12. 


Alewives  may 
be  taken  at  the 
slitting-miU 
with  leave  of 
the  owner. 


Privilege  of 
catching  may  bo 
sold  by  the 
town. 


Price  at  which 
the  fish  canght 
may  be  sold. 


Penalty  for 
catching  fish 
contrary  to  tliia 
act. 


726 


Province  Laws. — 1764-65. 


[Chap  11.] 


CHAPTER    11. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  ONE 
HUNDRED  AND  THIRTY-EIGHT  THOUSAND  POUNDS,  TO  BE  THENCE 
ISSUED  FOR  DISCHARGING  THE  PUBLICK  DEBTS,  AND  DRAWING  THE 
SAME  INTO  THE  TREASURY  AGAIN. 


Preamble. 


Treasurer  em- 
powered to  bor- 
row £138,000. 


1749-50,  chap. 
19. 


Form  of  the 
note. 


Whereas  it  is  necessary,  in  order  to  support  the  faith  and  credit  of 
the  government,  that  provision  be  made  by  the  general  court  for  dis- 
charging the  debts  of  the  present  and  prece[e]ding  years,  and  also  to 
enable  the  treasurer  to  compleat  the  payment  of  the  receipts  or  obliga- 
tions by  him  given  in  behalf  of  the  province,  that  will  become  due  this 
year  and  the  next, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  treasurer  of  the  province  be  and  he  hereb}'  is 
impowered  and  directed  to  borrow,  from  such  person  or  persons  as  shall 
be  willing  to  lend  the  same,  from  time  to  time,  as  he  shall  have  occasion 
for  the  mone}",  a  sum  not  exceeding  one  hundred  and  thirty-eight  thou- 
sand pounds,  in  mill'd  dollars  at  six  shillings  each,  or  in  the  several 
species  of  coined  silver  and  gold  enumerated  in  an  act  made  and 
passed  in  the  twenty -third  year  of  his  late  majest}^  King  George  the 
Second,  intituled  "An  Act  for  ascertaining  the  rates  at  which  coined 
silver  and  gold,  English  halfpence  and  farthings,  may  pass  within  the 
government ; ' '  and  the  sura  so  borrowed  shall  be  applied  in  manner  as 
in  this  act  is  hereafter  directed ;  and  for  the  said  sum  the  treasurer 
shall  give  his  receipt  or  obligation  in  the  form  following  : — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D. 

Borrowed  and  received  of  the  sum  of  ,  for  the  use 

and  service  of  the  piovince  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  to  his  order,  the  tenth 

day  of  June,  A.D.  one  thousand  seven  hundred  and  sixty-six,  the  aforesaid 
sum  of  ,  in  Spanish  mill'd  dollars  at  six  shillings 

each,  or  in  the  several  species  of  coined  silver  and  gold  enumerated  in  an  act 
made  and  passed  in  the  twenty-third  year  of  his  late  majesty  King  George 
the  Second,  intituled  "  An  Act  for  ascertaining  the  rates  at  which  coined  sil- 
ver and  gold,  English  halfpence  and  farthings,  may  pass  within  the  govern- 
ment," and  according  to  the  rates  therein  mentioned,  with  interest,  annually, 
at  six  per  cent. 

Witness  ray  hand,  H.  G.,  Treasurer. 

A.  B., 

C.  D.,  !>-  Committee. 

E.  F.,. 


Regulation  of 
the  sum,  and 
manner  of  issu- 
ing the  notes. 


1761-62,  chap. 
23. 


Appropriations. 


— and  no  receipt  shall  be  given  for  less  than  six  pounds. 

[Sect.  2.]  And  the  treasurer,  in  issuing  said  receipts  or  obligations, 
and  the  committee  chosen  to  countersign  them,  shall  observe  and  be 
governed  b}'  the  rules  and  directions  given  them  b}-  an  act  of  this  prov- 
ince, made  in  the  second  year  of  his  present  majesty's  reign,  intituled 
' '  An  Act  to  supply  the  treasury  with  the  sum  of  twenty-five  thousand 
pounds." 

And  he  it  further  enacted, 

[Sect.  3.]  That  the  sum  of  twenty  thousand  pounds,  part  of  the 
aforesaid  sum  of  one  hundred  and  thirty-eight  thousand  pounds,  when 
received  into  the  treasury,  shall  be  issued  in  the  manner  and  for  the 
purposes  following ;  that  is  to  sa}',  the  sum  of  three  thousand  pounds, 
part  of  the  aforesaid  sum  of  twent}'  thousand  pounds,  shall  be  applied 
for  the  pajment  of  the  expences   of  the  several  forts  and  garrisons 


[1st  Sess.] 


Pbovince  Laws. — 1764-65. 


727 


within  this  province  ;  and  the  further  sum  of  three  thousand  pounds, 
part  of  the  aforesaid  sum  of  twenty-  thousand  pounds,  shall  be  applied 
to  the  purchasing  provisions  and  the  commissarj-'s  disbursements  for 
the  service  of  the  several  forts  and  garrisons  within  this  province  ;  and 
the  further  sum  of  eight  thousand  pounds,  part  of  the  aforesaid  sum  of 
twenty  thousand  pounds,  shall  be  applied  for  the  payment  of  the  grants 
made  or  to  be  made  by  this  court ;  and  the  further  sum  of  three  thou- 
sand eight  hundred  pounds,  part  of  the  aforesaid  sum  of  twenty  thou- 
sand pounds,  shall  be  applied  for  the  discharge  of  debts  owing  from 
this  province  to  persons  that  have  served  and  shall  serve  them,  by  order 
of  this  court,  in  such  matters  and  things  where  there  is  no  establish- 
ment nor  au3'  certain  sum  assigned  them  for  that  purpose,  and  for 
paper,  writing  and  printing  for  this  court,  and  repairs  of  the  province- 
house,  court-house,  lighthouse,  wood  at  Castle  AVilliam,  and  repairs  of 
fortifications  within  this  province  ;  and  the  further  sum  of  one  thousand 
pounds,  part  of  the  aforesaid  sum  of  twenty-  thousand  pounds,  shall  be 
applied  for  the  paj-ment  of  his  majest3''s  council  and  the  members  of 
the  house  of  representatives  serving  in  the  great  and  general  court 
during  the  several  sessions  of  the  present  year  ;  and  the  further  sum 
of  one  thousand  pounds,  part  of  the  aforesaid  sum  of  twenty  thousand 
lK)unds,  shall  be  apphed  for  the  payment  of  the  bountj'  upon  wheat  and 
tlour  ;  and  the  further  sum  of  two  hundred  pounds,  being  the  remainder 
of  the  aforesaid  sum  of  twenty  thousand  pounds,  shall  be  applied  to 
pay  such  contingent  and  unforeseen  charges  as  may  arise,  and  for  no 
other  purpose  whatsocA'er. 

And  be  it  farther'  enacted, 

[Sect.  4.]  That  the  treasurer  pay  the  aforesaid  sum  of  twenty 
thousand  pounds  out  of  such  appropriations  as  shall  be  directed  by 
warrant,  and  no  other ;  and  the  secretary  to  whom  it  belongs  to  keep 
the  muster-rolls  and  accounts  of  charge,  shall  la}'  before  the  house 
of  representatives,  when  they  direct,  such  muster-rolls  and  accounts  of 
charge,  after  pa3'ment  thereof. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  sum  of  one  hundred  and  eighteen  thousand 
pounds,  being  the  remainder  of  the  sum  ordered  to  be  borrowed  hy  this 
act,  when  received  into  the  treasury,  be  applied  by  the  treasurer  for 
the  redemption  of  government  securities  that  will  become  due  the 
twentieth  da^'  of  June,  one  thousand  seven  hundred  and  sixty-four, 
and  the  twentieth  day  of  June,  one  thousand  seven  hundred  and  sixty- 
five. 

And  in  order  to  draw  said  money  into  the  treasury  again,  and  enable 
the  treasurer  effectually  to  discharge  the  receipts  and  obligations  (with 
the  interest  that  may  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 
excellent  majesty  a  tax  of  one  hundred  and  fift3'-five  thousand  pounds, 
to  be  levied  on  polls,  and  estates  both  real  and  personal,  within  this 
proAince,  according  to  such  rules,  and  in  such  proportions  on  the  several 
towns  and  districts  within  this  province,  as  shall  be  agreed  on  and 
ordered  by  the  general  court  or  assembly-  at  their  sessions  in  May,  one 
thousand  seven  hundred  and  sixty-five,  and  to  be  paid  into  the  pub- 
lic [A;]  treasury  on  or  before  the  thirtieth  da^^  of  March,  A.D.  one 
thousand  seven  hundred  and  sixtj'-six. 

And  be  it  further  enacted, 

[Sect.  7.]  That  if  the  general  court,  at  their  sessions  in  May,  one 
thousand  seven  hundred  and  sixty-five,  and  some  time  before  the  twen- 
tieth day  of  June  in  said  year,  shall  not  agree  and  conclude  upon  an 


Treasurer  to 
pay  out  of 
appropriation 
directed  by 
warrant. 


£118,000  for 
redemption  of 
government 
securities. 


Tax  granted  of 
£155,000  to  be 
paid  on  or  be- 
fore 30th  of 
Maixh,  1766. 


General  court  to 
apportion  the 
8um  in  1765,  or 
otherwise  be 


728 


Pkovestce  Laws. — 1764-65. 


[Chap.  12.] 


paid  as  In  the 
preceding  tax 
act. 


Treasurer 
empowered  to 
issue  his  war- 
rants accord- 
ingly. 


act  apportioning  the  sums  which  by  this  act  are  engaged  to  be  paid  in 
said  3'ear,  apportioned,  assessed  and  levied,  then  and  in  such  case 
each  town  and  district  witliin  tliis  province  shall  paj',  by  a  tax  to  be 
levied  on  the  polls,  and  estates  both  real  and  personal,  within  their 
limits,  the  same  proportion  of  the  said  sum  as  the  said  towns  and  dis- 
tricts were  taxed  by  the  general  court  in  the  tax  act  then  last  preceed- 
ing. 

[Sect.  8.]  And  the  province  treasurer  is  hereby  fully  impowered 
and  directed,  some  time  in  the  mouth  of  Jul}',  in  the  same  year,  one  thou- 
sand seven  hundred  and  sixt^'-five,  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  respec- 
tive parts  and  proportions  of  the  sums  before  directed  and  agreed  to  be 
assessed,  to  be  paid  into  the  treasury  at  or  before  the  aforementioned 
time  ;  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  then  last  preceeding  tax  act.     [_Passed  June  15. 


CHAPTER    12. 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "AN  ACT  PROVIDING  IN 
CASE  OF  SICKNESS." 


Preatnhle. 
1701-02,  chap.  9. 


Selectmen  may 
appoint  guards. 

Their  duty. 


One  justice,  in 
certain  cases,  to 
grant  warrants 
to  impress. 


Penalty  on  per- 
sons impressed 
refusing  or  neg- 
lecting duty. 


Penalty  on 
persons  newly 
recovered  of 
the  emall-pox 
endangering 
others. 


Whereas  the  laws  already  made  are  found  to  be  insuflScient  to  pre- 
vent the  spreading  of  the  small-pox  within  this  province, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  selectmen  of  each  town  and  district  in  this 
province,  may,  at  the  charge  of  their  respective  towns  and  districts, 
appoint  suitable  persons  to  guard  each  house  wherein  anj'  person  shall 
be  visited  with  the  small-pox  ;  and  that  the  said  persons  so  appointed 
be  and  hereby  are  [e][i]mpowered  to  restrain  and  prevent  all  persons 
from  going  to  or  coming  from  such  house  without  licence  from  the 
selectmen  of  the  town  or  district ;  [cmd*]  if  need  be,  one  justice  of  the 
peace  for  the  count}',  at  the  instance  of  the  major  part  of  the  select- 
men of  the  said  town,  may,  b}'  warrant  under  his  hand  and  seal,  directed 
to  the  sheriff  of  the  county,  or  his  deput}^  [^or  co*]  nstable  of  the  town 
or  district,  cause  one  or  more  suitable  person  or  persons,  out  of  such  as 
are  by  law  liable  to  watch  and  ward,  to  be  impressed  for  that  service, 
and  appoint  the  wages  they  shall  [rece*]ive  therefor  from  the  town; 
and  all  persons  impressed  for  the  service  aforesaid  shall  attend  the 
service  faithfull}^,  uutil[?]  they  shall  be  dismissed  b_y  the  said  justice 
or  the  selectmen  ;  and  every  person  thus  [app*]ointed  that  shall  refuse, 
or  be  negligent  or  unfaithful  in  the  execution  of  the  trust  reposed  in 
him,  shall  forfeit  and  pay  for  every  such  offence  the  sum  of  ten  pounds. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  eveiy  person  now  visited,  or  that  may  be  hereafter 
visited,  with  the  small-pox,  bj'  inoculation  or  otherwise,  who  shall  re- 
move from  the  hospital,  or  house  [tvher*^em  he  has  or  shall  have  his 
abode  whilst  under  that  distemper,  into  any  town  or  district  where  the 
small-pox  shall  not  generally  prevail,  and  shall  pass  from  place  to 
place  in  the  same  town  [or  fZ*]istrict,  or  shall  go  near  unto  or  join 
themselves  in  company  with  others  who  ma}'  be  put  in  fear  or  danger 
thereby,  before  such  person  shall  have  been  thoroughly  cleansed  and 

*  Parchment  mutilated. 


[1st  Sess.]  Peovince  Laws. — 1764-65. 


729 


freed  from  [j?i/*]ection,  and  before  he  or  she  shall  have  obtaiaed  a  cer- 
tificate, ill  writing,  under  the  hand  of  the  phj'sician  who  shall  have 
attended  such  person  in  the  time  of  his  or  her  sickness,  setting  forth 
that  [^such*^  person  is  so  cleansed  and  freed  from  infection  as  not  to 
endanger  otliers,  shall,  for  every  such  offence,  be  subject  to  a  fine  of 
fifty  pounds  ;  and  whosoever  shall  wil[?] fully,  wantonly  or  carelessly'' 
[co??i*] municate  or  convey  the  small-pox  to  any  other  person,  shall  for- 
feit and  pa}^  a  fine  of  fifty  pounds,  together  with  all  costs  and  charges 
[accruing]  [^arising']  thereb}^ 

And  be  it  further  enacted, 

[Sect.  3.]  That  every  person,  not  being  an  inhabitant  of  or  resi- 
dent in  the  town  of  Boston,  who  shall  be  inoculated  for  the  small-pox 
within  the  said  town,  or,  having  [been  mocK?a*]ted  elsewhere,  shall 
remove  into  that  town,  there  to  abide  during  his  continuing  sick  of  that 
distemper,  without  leave  first  obtained  from  the  selectmen  thereof, 
shall  forfeit  [and  pay  the  sum*'\  of  one  hundred  pounds,  and  be  further 
liable  to  be  removed,  by  warrant  from  an}'  justice  of  the  peace,  to  the 
pest-house  in  said  town,  or  to  that  at  Rainsford['s]  Island  (according 
as  \_such  warrant  s/i*]all  direct),  at  the  charge  of  the  ofiender :  and 
"whosoever  shall  presume  to  inoculate  with  the  small-pox  any  person 
coming  into  said  town  from  elsewhere  (not  being  an  [inhabitant  or 
[?-e*]sident  thereof  as  aforesaid)  without  leave  first  obtained  as  afore- 
said, shall  forfeit  and  pay  the  sum  of  one  hundred  pounds. 

[And  he  ^Y*]  farther  enacted, 

[Sect.  4.]  That  no  house  be  erected  or  used  as  an  inoculating-hos- 
pital  without  the  consent  of  the  town  or  district  where  such  house  may 
be,  first  obtained  therefor;  and  [every  house  that  m*]ay  be  used  for 
such  purpose,  without  liberty  obtained  as  aforesaid,  shall  be  deemed  a 
common  nuisance  ;  and  every  person  who  shall  jDresume  to  inoculate 
with  the  small-pox  in  any  [hospital  not  licensed  as*'\  aforesaid,  or  to 
attend  any  inoculated  person  therein,  shall  forfeit  and  pay  the  sum  of 
one  hundred  pounds. 

[Provided,  never*yheless, — 

[Sect.  5.]  That  if  the  place  intended  for  an  inoculating-hospital 
shall  be  within  half  a  mile  of  any  dwelling-house  being  in  another  town 
or  district,  then  the  consent  of  such  [adjoining  tow7i*']  or  district  shall 
be  had  before  such  inoculating-hospital  shall  be  erected  or  used. 

[And  &e*]  it  further  enacted, 

[Sect.  6.]  That  every  physician  and  nurse  employed  in  attending 
on  the  sick  in  any  house  or  hospital  for  the  small-pox,  shall  give  his  and 
their  constant  [attendanc*~\e  thereat,  least,  by  his  or  their  passing  from 
place  to  place,  such  as  have  not  had  that  distemper  may  be  put  in  dan- 
ger of  taking  the  same. 

[Pro*'\vided,  nevertheless, — 

[Sect.  7.]  That  nothing  in  this  act  shall  be  construed  so  as  to  pre- 
vent or  hinder  persons  from  being  inoculated  at  Point  Shirley,  during 
the  time  already  allowed  b}'  the  [toion  of*~\  Chelsea  for  that  purpose  ; 
the  said  hospital  to  be,  nevertheless,  subject  to  the  regulations  herein 
provided. 

[Sect.  8.]  [^*]11  fines  and  forfeitures  that  may  arise  by  the  breach 
of  this  act  shall  be  applied,  the  one  half  to  the  informer,  the  other  half 
for  the  support  of  the  poor  in  such  town  where  the  [q^*]ence  shall  be 
committed,  and  may  be  recovered  by  action,  bill,  plaint  or  information 
in  any  of  his  majesty's  courts  of  record  within  this  province. 

[Sect.  9.]  This  act  to  continue  in  force  for  the  space  of  three  years 
from  the  fifteenth  of  June,  instant.      [Passed  June  15. 


Persons  not 
inhabitants  of 
Boston,  not  to 
be  inoculated 
there  without 
license. 


Penalty. 


Penalty  on 
physicians  so 
inoculating. 


Inoculating- 
hospitals  not 
to  be  erected 
without  leave  of 
the  town. 


Penalty. 


Proviso  with 
regard  to  neigh- 
boring towns. 


Physicians  and 
nurses  to  give 
constant  attend, 
ance  at  hospi- 
tals. 


Proviso  respect- 
ing Point 
Shirley. 


Fines  and  for- 
feitures applied, 
and  how  to  be 
recovered. 


Continuance. 


*  Parchment  mutilated. 


730 


Pbovince  Laws.— 1764-65.  [Chap.  13.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Eighteenth  day  of  October,  A.D.  1764. 


CHAPTER   13. 


AN    ACT 


FOR    ERECTING    THE   PLANTATION    CALLED    GORHAMTOWN 
INTO  A  TOWN  BY   THE  NAME   OF   GORHAM. 


Preamble. 


Bounds  of  the 
town  of  Qor- 
ham. 


Proviso. 


Town-meeting 
to  be  warned. 


Whereas  it  lias  been  represented  to  this  court  that  the  erecting  the 
plantation  called  Gorharatown,  in  the  county  of  Cumberland,  into  a 
town,  will  greatly  contribute  to  the  growth  thereof,  and  remedy  many 
inconveniences  to  which  the  inhabitants  and  proprietors  may  be  other- 
wise subject, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  the  plantation  commonl}'  called  and  known  by  the 
name  of  Gorhamtown,  in  the  count}'  of  Cumberland,  bounded  as  fol- 
lows ;  viz.,  beginning  at  a  marked  tree,  on  the  westerly  side  of  Pe- 
sumpscot  River,  in  a  course  south-west,  twent^'-three  degrees,  from 
the  hemlock-tree  on  the  other  side  of  the  said  river,  which  is  fifteen 
poles  below  Inkhorn  Brook  ;  and  thence,  running  south,  twenty- three 
degrees  west,  on  the  head  of  Falmouth,  two  miles  and  two  hundred  and 
twent3--six  poles,  to  a  spruce-tree,  marked,  standing  about  two  poles 
westward  of  an  old  mast-path, — being  the  corner  bounds  of  Scarborough, 
Falmouth  and  said  Gorhamtown  ;  thence,  running,  on  the  head  of  Scar- 
borough, nine  hundred  and  fifteen  poles,  to  a  large  hemlock-tree,  marked 
"N.  G."  ;  thence,  running  north,  thirt^'-three  degrees  west,  seven  miles 
and  one-quarter  of  a  mile,  by  Narragansett  Numb.  One,  to  a  firr-tree, 
marked  ;  and  from  thence,  running  north-east,  seven  miles  and  two  hun- 
dred poles,  to  said  Pesumpscot  River,  to  a  large  hemlock-tree,  about  two 
rods  from  the  said  river,  marked  "  G.  P."  ;  and  bounded,  uorth-easterlj', 
by  said  river, — be  and  hereby  is  erected  into  a  town  by  the  name  of 
Gorham  :  and  that  the  inhabitants  thereof  be  and  hereby  are  invested 
with  all  the  powers,  priviledges  and  immunities  which  the  inhabitants  01 
the  towns  within  this  province  do  or  may  enjoy. 

Provided^ — 

[Sect.  2.]  That  none  of  the  inhabitants  or  proprietors  of  said  town 
be  held,  b}'  vertue  of  this  act  of  incorporation,  to  pay  any  part  of  the 
ministerial  charges  heretofore  arisen  in  said  plantation,  which  they  were 
not  obliged,  by  their  own  contract,  to  pay  previous  to  such  incorpora- 
tion. 

And  he  it  further  enacted, 

[Sect.  3.]  That  Stephen  Longfellow,  Esq.,  be  and  hereby  is  im- 
powered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  in 
said  town,  requiring  him  to  warn  the  inhabitants  of  the  said  town,  qual- 
ified to  vote  in  town  affairs,  to  meet  at  such  time  and  place  as  shall  be 
therein  set  forth,  to  chuse  all  such  oflBcers  as  are  or  shall  be  required 
by  law  to  manage  the  affairs  of  the  said  town.     \_Passed  October  30. 


[2d  Sess.] 


Pkovince  Laws. — 1764-65. 


731 


CHAPTER    14. 

AN  ACT  FOB,  FURTHER  CONTINUING  AN  ACT,  INTITLED  "  AN  ACT  FOR 
THE  SECURING  THE  GROWTH  AND  INCREASE  OF  A  CERTAIN  PAR- 
CEL OF  WOOD  AND  TIMBER  IN  THE  TOWNSHIPS  OF  IPSWICH  AND 
WENHAM,  IN  THE  COUNTY  OF  ESSEX." 

Whereas  an  act  intitled  "An  Act  for  the  securing  the  gi'owth  and  Preamble, 
increase  of  a  certain  parcel  of  wood  and  timber,  in  the  townships  of  2if^~^^'  ^^^^' 
Ipswich  and  Wenham,  in  the  county  of  Essex,"  is  near  expiring  ;  which 
hath  been  found  useful  and  beneficial  to  the  persons  concerned,  and 
they  having  desired  that  the  same  may  be  further  continued, — 

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

That  the  aforementioned  act,  which  is  near  expiring,  with  all  and  Act  continued, 
every  article,  clause,  matter  and  thing  therein  contained,  be  and  hereby 
is  further  continued,  and  shall  be  in  full  force  for  the  space  often  years  Limitation, 
from  the  thirteenth  da}'  of  January,  one  thousand  seven  hundred  and 
sixt3'-five,  and  no  longer.     \_Passed  November  2. 


CHAPTER   15. 


{AN*"]   ACT  FOR  ERECTING  A  TOWN  IN  THE  COUNTY  OF  LINCOLN,  BY 
THE  NAME  OF  BOOTHBA'V. 

Whereas  the  inhabitants  of  land  lying  between  Sheepscot  and  Preamble. 
Daraariscotta  River,  within  [the  count*'\y  of  Lincoln,  known  by  the 
name  of  Townsend,  have  petitioned  this  court,  that,  for  the  reasons 
mentioned,  th[e?/  may  6e*]  incorporated  into  a  town,  and  vested  with 
the  powers  and  authorities  belonging  to  other  towns  ;  for  the  encour- 
agement of  said  settlement, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  L]  Th[a^  the*~\  said  tract  of  land,  described  and  bounded  as  Bounds  of  the 
follows  ;  vizi^*^.,  beginning  at  the  most  northerl}'  part  of  a  bay  \called*'\  tj^^n  of  Booth- 
the  Oven's  Mouth,  and  from  thence,  to  run  an  east-south-east  course, 
to  Damariscotta  River  ;  thence,  souther[^^*],  down  said  river,  to  the  sea 
or  Western  Ocean ;  then,  to  run  westerl}-,  on  the  sea  coast,  as  the  coast 
lies,  to  the  xno\\[th  o/*]  Sheepscot  River;  then,  to  run  northerly,  up 
Sheepscot  River,  between  Jeremy-Squam  Island  and  Barter's  Island,  to 
the  cross  river  at  the  head  of  [the*'\  said  Barter's  Island  ;  and  from 
thence,  over  the  water,  to  the  most  northeii}'  \_part*']  of  the  Oven's 
Mouth  aforesaid,  with  all  the  islands  in  Damariscotta  River  below,  or 
to  the  southward  of,  the  fi[rsi*]  described  line,  and  also  all  the  islands 
hdng  within  six  miles  from  the  mainland,  to  the  south,  between  the 
[a/ore*] mentioned  rivers  of  Sheepscot  and  Damariscotta,  be  and  hereby 
is  erected  into  a  town  by  the  name  of  ^oo[thbay*'\  ;  and  the  inhabitants 
thereof  shall  have  and  enjoy  all  such  immunities  and  priviledges  as 
other  towns  in  this  pro [viMce*]  have,  and  do  by  law  enjoy. 

And  be  it  further  enacted, 

[Sect.  2.]     That  Samuel  Denny,  Esqf"^^.,  be  and  hereby  is  impow-  Town-meeting 
ered  to  iss[?/e*]  his  warrant  to  some  principal  inhabitant  of  the  said  to  be  warned. 
town  of  Boothba}',  requiring  him,  in  his  majestj^'s  n[ame*],  to  warn 
and  notify  the  said  inhabitants,  qualified  to  vote  in  town  affairs,  to 

*  Parchment  mutilated. 


732;  '  PnoviNCE  Laws.— 1764-65.  [Chap.  15.] 

meet  together  at  such  time  and  place,  in  said  town,  as  shall  be  ap- 
pointed in  said  warrant,  to  chuse  such  officers  as  the  law  directs,  and 
may  be  necessary  to  manage  the  affairs  of  said  town  ;  and  the  inhabit- 
ants, so  met,  shall  be  and  are  hereby  impowered  to  chuse  such  officers 
accordingly.     [Parsed  November  3. 


[3d  Sess.] 


Pkovince  Laws. — 1764-65. 


733 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Ninth  day  of  January,  A.D.  1765. 


CHAPTER    16. 


AN  ACT  FOR  ALTERING  THE  TIME  FOR  HOLDING  THE  SUPERIOR 
COURT  OF  JUDICATURE,  COURT  OF  ASSIZE  AND  GENERAL  GOAL 
DELIVERY  AT  CHARLESTOWN,  IN  THE  COUNTY  OF  MIDDLESEX,  THIS 
PRESENT  YEAR. 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  superior  court  of  judicature,  court  of  assize  and 
general  goal  delivery  shall  not  be  holden  at  Charlestown,  for  the  count}' 
of  Middlesex,  on  the  last  Tuesda}^  of  January,  this  present  year  ;  but  a 
superior  court  of  judicature,  court  of  assize  and  general  goal  delivery 
shall  be  holden  at  said  Charlestown,  for  the  said  county,  on  the  third 
Tuesday  of  April  in  the  same  year. 

And  be  it  further  enacted, 

[Sect.  2. J  That  all  appeals,  writs  of  review,  executions,  and  all 
recognizances,  warrants,  processes,  matters  or  things  whatsoever,  re- 
tui-nable  to,  or  wliich  might  have  been  proceeded  on,  adjudged  and 
determined  at,  the  said  court,  on  the  said  last  Tuesday  in  January, 
shall  be,  in  like  manner,  rcturnal)le  to,  and  may,  in  like  manner,  be 
proceeded  on,  adjudged  and  determined  at,  the  said  court  to  be  holden 
on  the  third  Tuesday-  in  April,  an}-  law,  usage  or  custom  to  the  con- 
trary notwithstanding.     \_Passed  January  12,  1765. 


Superior  court 
to  be  lield  at 
Charlestown,  on 
the  thud  Tues- 
day in  April, 
1765. 


Appeals,  &c., 
made  returnable 
to  third  Tuesday 
iu  April,  1765. 


CHAPTER   17. 


AN  ACT  FOR  DETERMINING  THE  TIMES  FOR  HOLDING  THE  SUPERIOR 
COURTS  OF  JUDICATURE,  COURT  OF  ASSIZE  AND  GENERAL  GOAL 
DELIVERY  IN  THE  SEVERAL  COUNTIES  WITHIN  THE  PROVINCE. 

Whereas,  from  a  change  of  circumstances  in  divers  counties  within  Preamble. 
the  province,  and  for  other  sufficient  reasons,  it  is  judged  necessar}' 
that  there  should  be  an  alteration  in  the  times  T>f  holding  the  superior 
court  of  judicature,  court  of  assize  and  general  goal  delivery  in  such 
counties  ;  and  it  is  also  judged  convenient  in  one  act  or  law  to  settle 
and  determine  the  time  for  holding  the  said  courts,  in  all  the  counties 
of  the  province;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives,— 

[Sect.  1.]  That  the  times  and  places  for  holding  and  keeping  the  The  times  fixed 
superior  court  of  judicature,  court  of  assize  and  general  goal  deli^'ery,  superior  coum, 
shall,  for  the  future,  be  as  foUoweth  ;  that  is  to  say, — 


734 


Peovince  Laws.— 1764-65.  [Chap.  18.] 


&c.,  for  the 
future. 


Appeals,  writs 
of  review,  &c., 
declared  to  be 
returnable 
accordingly. 


Within  and  for  the  county  of  Suffolk,  at  Boston,  on  the  second 
Tuesday  in  March,  and  the  last  Tuesday  in  August : 

Within  and  for  the  county  of  Essex,  at  Salem,  on  the  first  Tuesday 
in  November  ;  and  at  Ipswich,  on  the  third  Tuesday  in  June  : 

Within  and  for  the  county  of  Middlesex,  at  Cambridge,  on  the  last 
Tuesday  in  October ;  and  at  Charlestown,  on  the  second  Tuesday  in 
April : 

Within  the  county  of  Hampshire,  and  for  the  counties  of  Hampshire 
and  Berkshire,  at  Springfield,  on  the  fourth  Tuesday  in  September : 

Within  and  for  the  county  of  Worcester,  at  Worcester,  on  the  third 
Tuesday  in  September : 

Within  and  for  the  county  of  Plymouth,  at  Plymouth,  on  the  third 
Tuesda}'  in  Ma}" : 

Within  the  count}"  of  Barnstable,  and  for  the  counties  of  Barnstable 
and  Dukes  County,  at  Barnstable,  on  the  Wednesday  preceding  the 
third  Tuesday  in  May  : 

Within  and  for  the  county  of  Bristol,  at  Taunton,  on  the  second 
Tuesday  in  October : 

Within  and  for  the  county  of  York,  at  York,  on  the  Tuesday  next 
after  the  fourth  Tuesday  of  June  : 

Within  the  count}"  of  Cumberland,  and  for  the  counties  of  Lincoln 
and  Cumberland,  at  Falmouth,  on  the  fourth  Tuesday  of  June  : 
— any  former  law,  usage,  or  custom  to  the  contrary  notwithstanding. 

And  be  it  farther  enacted^ 

[Sect.  2.]  That  all  appeals,  writs  of  review,  executions,  and  all 
recognizances,  warrants,  processes,  matters  or  things  whatsoever,  re- 
turnable to,  or  which  might  have  been  proceeded  on,  adjudged  and  de- 
termined at,  any  court,  the  time  for  holding  which  is  altered  by  this  act, 
shall  be,  in  like  manner,  returnable  to,  and  may,  in  like  manner,  be  pro- 
ceeded on,  adjudged  and  determined  at,  the  court,  in  the  same  county, 
to  be  holden  next  after,  by  virtue  of  this  act.  \_Passed  February 
12,  1765. 


CHAPTER   18. 


Preamble. 


AN  ACT  FOR  INCORPORATING  THE  SOUTHERLY  PART  OF  RUTLAND 
AND  THE  NORTHERLY  PART  OF  LEICESTER,  IN  THE  COUNTY  OF 
[OF]  WORCESTER,  INTO  A  DISTRICT  BY  THE  NAME   OF  PAXTON. 

Whereas  it  has  been  represented  to  this  court,  by  a  number  of  the 
inhabitants  of  the  southerly  part  of  Rutland  and  the  northerly  part  of 
Leicester,  in  the  county  of  Worcester,  that  they  labour  under  great  dif- 
ficulties by  reason  of  their  distance  from  the  place  of  publick  worship, 
in  their  respective  towns,  praying  to  be  erected  into  a  seperate  dis- 
trict,— 

Be  it  therefore   enacted  by   the  Governor,  Council  and  House  of 

Representatives, 

p  ,         [Sect.  1.]     That  the  northerly  part  of  Leicester  and  the  southerly 

tooadistrietby  part  of  Rutland,  as  hereafter  described  ;  viz™.,  beginning  at  the  north- 

certain  bounds.    ^^^^  corner  of  Leicester,  and,  from  thence,  run[?i]ing,  southerly,  on 

Holden  line,  as,  by  a  right  angle,  to  be  two  miles  south  of  Leicester 

north  line  ;  then,  turning  and  run[H]ing,  westerly,  parallel  with  Leicester 

north  bounds,  until  it  comes  to  Spencer  line ;  then,  turning  and  run- 

[n]ing,  north,  on  Spencer  line,  to  the  north-west  corner  of  Leicester; 

and,  from  thence,  run[ri]ing  into  Rutland,  the  same  point,  as  far  north 

as  the  southerly  line  of  Uriah  Newton's  farm  ;  from  thence,  turning  and 

run[n]ing,  easterly,  on  the  southerly  lines  of  the  farms  belonging  to 


[3d  Sess.] 


Province  Laws. — 1764-65. 


735 


Uriah  Newton,  Jamos  Blair,  David  Bent,  Ebenezer  Frost — and  David 
Brown's  farm  which  he  purchased  of  Eliphalet  How, — until  it  comes  to 
Holden  line  ;  then,  run[7i]ing,  southei'lj,  on  said  Holden  line,  to  the 
corner  first  mentioned ;  also  such  other  lands  as  lie  between  the  seA'eral 
farms  aforesaid  (provided  they  do  not  extend  so  far  north  as  the  north- 
erlj'  line  of  the  said  farms) ,  be  and  hereby  are  incorporated  into  a  seperate 
district  by  the  name  of  Paxton ;  and  that  the  inhabitants  thereof  be 
vested  with  all  the  powers,  privile[d]ges  and  immunities  which  the  in- 
habitants of  any  town  within  this  province  do  or  by  law  ought  to  enjoy, 
excepting  only  the  privile[d]ge  of  sending  a  representative  to  the  gen- 
eral assembly :  and  that  the  inhabitants  of  said  district  shall  have 
liberty,  from  time  to  time,  to  join  with  the  town  of  Leicester  and  district 
of  Spencer  in  the  choice  of  a  representative  or  representatives  ;  which 
representatives  may  be  chosen  indifferently  from  said  town  or  districts, — 
the  paj'  or  allowance  of  such  representatives  to  be  borne  by  the  said 
town  and  districts  according  to  their  respective  proportions  of  the  prov- 
ince tax  ;  and  that  the  town  of  Leicester,  as  often  as  thej'  shall  call  a 
meeting  for  the  choice  of  representatives,  shall,  from  time  to  time,  give 
seasonable  notice  to  the  clerk  of  said  district  of  Paxton,  for  the  time 
being,  of  the  time  and  place  for  holding  said  meeting,  to  the  end  that 
the  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  be  it  further  enacted, 

[Sect.  2.]  -That  the  said  district  shall  paj'  their  proportion  of  all 
such  province,  count}'  and  town  taxes,  alread}'  granted  to  be  raised  in 
the  towns  of  Rutland  and  Leicester,  respectively  ;  and  shall  also  pay  their 
proportionable  part  of  supporting  the  poor  of  the  towns  of  Rutland  and 
Leicester  that  are  at  this  time  relieved  b}^  said  towns,  and  pay  such 
proportion,  yearl}',  into  the  hands  of  the  town  treasurers  of  said  Rutland 
and  Leicester,  respectively' :  provided  that  the  said  district  of  Paxton 
shall  not  be  liable  to  maintain  any  persons  within  the  same  who  have 
been  legally  warned  out  of  either  of  the  towns  of  Leicester  or  Rutland  ; 
but,  by  virtue  of  said  warning,  shall  have  the  same  privile[d]ge  of  re- 
moving such  persons  as  either  of  the  towns  of  Rutland  or  Leicester 
could  have  in  case  they  had  remained  therein. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  inhabitants  of  Rutland  now  inchided  in  said 
district,  shall  be  and  hereby  are  debarred  from  any  claim  or  demand, 
whatever,  on  the  said  town  of  Rutland,  for  any  money  the}'  have  paid 
towards  building  and  finishing  the  meeting-house  in  the  said  town,  any 
vote  of  the  town  of  Rutland  to  the  contrary  notwithstandiug ;  except- 
ing that  such  of  the  inhabitants  of  Rutland  as  are  now  included  in  said 
district,  and  are  owners  of  pews  in  said  meeting-house,  the  said  town 
of  Rutland  shall  reimburse  them  what  the}'  paid  for  said  pews ;  and 
thereupon  the  said  pews  shall  belong  to  the  said  town  of  Rutland,  to  be 
disposed  of  as  they  shall  see  meet. 

And  be  it  further  enacted, 

[Sect.  4.]  That  John  Murra}-,  Esq^'^.,  be  and  hereby  is  impowered 
to  issue  his  wai-rant,  directed  to  some  principal  inhabitant  in  said  dis- 
trict, requiring  him  to  warn  all  the  inhabitants  in  said  district,  qualified 
to  vote  in  town  affairs,  to  meet  at  such  time  and  place  within  said  dis- 
trict as  he  shall  think  proper,  to  chuse  all  such  officers  as  towns,  by 
law,  are  intit[w]led  to  chuse.     \_Passed  February  12,*  1765. 

*  Signed  March  9,  according  to  the  record. 


To  join  with 
Leicester  and 
Spencer  in 
choosing  repre- 
sentatives. 


Proviso  respect- 
ing taxes. 


Proviso  respect- 
ing persons  who 
have  been 
warned  out  of 
Leicester  or 
liutlaud. 


Provision  re- 
specting the 
charge  of  build- 
ing liutland 
meeting-house. 


The  first  meet- 
ing, how  to  be 
notified. 


736 


Pbovince  Laws. — 1764-65. 


[Chap.  19.] 


CHAPTER    19. 


AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT  FOR  ENABLING 
THE  PROPmETORS  OF  THE  LANDS  IN  THE  TOWN  OF  BERNARDSTON 
TO  RAISE  MONIES  TO  PAY  THE  DEBTS  DUE  FROM  THEM." 


Preamble. 
1764-65,  chap.  8. 


Committee  to 
call  to  account 
former  collect- 
ors of  taxes  and 
treasurers : 


— and  to  com- 
pk'lo  the  collec- 
tions. 

1761-62,  chap. 
16. 


Preamble. 


Lands  to  be 
taxed  though 
not  laid  out. 


Whereas,  in  pursuance  of  an  act  intitled  "An  Act  for  enabling  the 
proprietors  of  the  lands  in  the  town  of  Bernardston  to  raise  monies  to 
pa}'  the  debts  due  from  them,"  a  meeting  of  said  proprietors  was  held 
on  the  twenty-sixth  of  September  last — which  said  meeting  stands  ad- 
journed to  the  twentieth  da}-  of  February,  this  present  3'ear, — and  the 
said  proprietors  were  impowered,  at  their  meeting,  to  pass  such  votes 
as  might  appear  necessaiy  for  the  granting,  raising,  assessing,  levy- 
ing and  collecting  such  sums  as  they  are  indebted,  together  with  such 
farther  sums  as  they  might  think  proper  for  defreying  the  expences 
which  are  mentioned  in  the  said  act ;  but  no  provision  is  made  in  the 
said  act  to  enable  the  said  proprietors  to  call  to  an  account  their  col- 
lectors and  treasurers  ;  and  it  appears  that  several  taxes  have  been 
granted,  assessed  and  committed  to  the  collectors  to  collect,  which 
have  been  only  partiall}'  collected,  and  considerable  sums  of  money 
paid  in  to  their  treasurers,  which  have  not  been  accounted  for, — 

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

[Sect.  1.]  That  the  said  proprietors,  at  the  time  to  which  their 
meeting  stands  adjourned ;  to  wit,  on  the  twentieth  day  of  Februaiy, 
this  present  year, — or  at  anj"  after  adjournment  of  the  said  meeting,  Ije 
and  hereby  are  full}'  authorized  and  impowered  to  choose  a  committee 
to  call  to  an  account  all  former  collectors  and  treasurers  of  the  said  pro- 
prietors, or  their  heirs,  respectively,  in  the  same  manner  as  the  said 
proprietors  might  have  done,  b}'  law,  before  the}' Avere  incorporated  into 
a  town  ;  and  the  same  committee  is  further  impowered  to  compleat  the 
collections  of  all  former  taxes,  and  to  proceed  in  such  manner  as  is 
provided  in  an  act  intitled  "An  Act  to  subject  the  unimproved  lands 
within  this  province,  to  be  sold  for  the  payment  of  taxes,"  made  in  the 
second  year  of  his  present  majesty's  reign. 

And  ivhereas,  by  a  resolve  of  the  general  court  heretofore  made,  the 
proprietors  were  directed  to  raise  their  taxes  upon  their  lands  that  were 
to  be  laid  out  in  two  draughts,  which  were  to  be  laid  out  in  pitches  ; 
some  of  which  are  laid  out,  others  the  particular  proprietors  neglect  to 
lay  out,  and  by  that  means  they  Avill  escape  paying  the  proportion  of 
taxes,  unless  provision  be  made  therefor  by  this  court, — 

Be  it  therefore  further  enacted, 

[Sect.  2.]  That  in  all  future  taxes  raised  on  said  proprietors,  the 
assessors  shall,  from  time  to  time,  tax  the  proprietors'  lands,  in  said 
division  or  draughts,  not  laid  out,  in  the  same  manner  as  those  already 
laid  out ;  and  the  method  of  collecting  the  taxes  on  said  draughts,  in 
case  the  owners  fail  of  duly  paying  their  taxes,  shall  be  the  same  as 
by  law  provided  in  other  cases,  except  such  wherein  the  wliole  draught 
shall  be  sold  for  payment  of  any  tax  ;  in  which  case  the  overplus  of  the 
sale,  if  any  be,  after  the  tax  and  all  reasonable  charges  are  deducted, 
shall,  within  three  months  from  the  sale,  upon  demand  thereof,  be  re- 
imbursed by  the  assessors  to  the  owner  of  the  draught  so  sold.  [Passed 
February  14,  1765. 


[3d  Sess.] 


Peovju^ce  Laws. — 1764-65. 


737 


CHAPTEK    20. 


sessions,  in  the 
several  counties. 


AN  ACT  DETERMINING  AT  WHAT  TIMES  AND  PLACES  THE  SEVERAL 
INFERIOR  COURTS  OF  COMMON  PLEAS  AND  COURTS  OF  GENERAL 
SESSIONS  OF  THE  PEACE  SHALL  BE  HELD,  WITHIN  AND  FOR  THE 
SEVERAL  COUNTIES  OF  THE  PROVINCE,  FOR  THE  FUTURE. 

Whereas,  b}-  reason  of  the  alteration  made  in  the  times  of  holding  preamble, 
the  superior  court  of  judicature,  court  of  assize  and  general  goal 
delivery,  in  divers  counties  of  the  province,  it  is  necessary  there  should 
be  an  alteration  of  the  times  of  holding  the  inferior  court  of  common 
pleas,  and  court  of  general  sessions  of  the  peace,  in  several  of  the  said 
counties,  and  it  is  convenient  that  the  times  and  places  for  holding  all 
and  every  of  the  said  courts  shall  be  ascertained  and  a^jpear  in  one 
act, — 

Be  it  therefore  enacted  by  the  Governor^  Council  and  House  of 
Hepresentatives, 

[Sect.  1.]     That  the  times  and  places  for  holding  the  inferior  courts  The  times  fixed 
of  common  pleas  and  courts  of  general  sessions  of  the  peace,  within  for  holding  the 

,     „  ,  .         .        '^  .  1111  n       ^  1        inferior  courts, 

and  for  the  several  counties  in  the  province,  shall  henceiorth  yearly  and  courts  of 
and  every  3'ear  be  as  follows  ;  and  all  former  acts  of  this  government, 
determining  the  times  and  places  for  holding  such  courts,  are  hereby 
repealed  and  made  void. 

And  the  said  courts  shall  be  held  within  and  for  the  county  of  Suf- 
folk, at  Boston,  on  the  first  Tuesda}-  of  January,  the  third  Tuesday  in 
April,  the  second  Tuesday-  in  July  and  the  first  Tuesday  in  October : 

Within  and  for  the  county  of  Essex,  at  Salem,  the  second  Tuesday 
in  July  and  last  Tuesday  in  December  ;  at  Ipswich,  the  last  Tuesday 
in  March  ;  and  at  Newburyport,  the  last  Tuesda}'  in  September : 

Within  and  for  the  county  of  Middlesex,  at  Cambridge,  the  third 
Tuesday  in  May  ;  at  Charlestown,  the  first  Tuesday  in  March  and  last 
Tuesda}'  in  November ;  and  at  Concord,  the  second  Tuesday-  in  Sep- 
tember : 

Within  and  for  the  count}'  of  Hampshire,  at  Springfield,  the  third 
Tuesday  in  May  and  the  last  Tuesdaj'  in  August ;  at  Northampton, 
the  second  Tuesday  in  February  and  the  second  Tuesday  in  November  : 

Within  and  for  the  county  of  Worcester,  at  AVorcester,  the  first  Tues- 
day in  January,  the  second  Tuesday  in  May,  the  third  Tuesday  in 
August  and  the  first  Tuesda}'  in  November : 

Within  and  for  the  county  of  Plymouth,  at  Plymouth,  the  second 
Tuesday  in  April,  the  first  Tuesday  in  Jul}',  the  first  Tuesday  in  Octo- 
ber and  the  second  Tuesda}'  in  December : 

Within  and  for  the  county  of  Barnstable,  at  Barnstable,  the  first 
Tuesday  in  April,  the  last  Tuesday  in  June,  the  last  Tuesday  in  Sep- 
tember and  the  first  Tuesday  in  December  : 

Within,  and  for  the  county  of  Bristol,  at  Taunton,  the  third  Tuesday 
in  February,  the  first  Tuesday  in  May,  the  third  Tuesday  in  August 
and  the  third  Tuesday  in  November  : 

Within  and  for  the  county  of  York,  at  York,  the  first  Tuesday  in 
January,  the  second  Tuesday  in  April,  and  the  second  Tuesda}'  in  July  ; 
and  at  Biddeford  the  second  Tuesday  in  October : 

Within  and  for  the  county  of  Cumberland,  at  Falmouth,  the  third 
Tuesday  in  Ayjril  and  third  Tuesday  in  October : 

Within  and  for  the  county  of  Lincoln,  at  Pownallborough,  the  first 
Tuesday  in  June  and  last  Tuesday  in  September : 

Within  and  for  Duke's  County,  at  Edgartown,  the  first  Tuesday  in 
March  ;  and  at  Tisbury,  the  last  Tuesday  in  October : 


788 


Province  Laws. — 1764-65. 


[Chap.  21.] 


Writs  and  other 
matters  de- 
clared to  be 
returnable 
accordingly. 


Saving,  for 
Charlestown 
court  the 
present  year. 


Within  and  for  the  count}'  of  Nantucket,  at  Sherburne,  the  last  Tues- 
day' in  March  and  first  Tuesday  in  October : 

Within  and  for  the  county  of  Berks,  at  Great  Barrington,  the  last 
Tuesday  in  April  and  first  Tuesday  in  September ;  at  Pittsfield,  tlie 
first  Tuesday  in  March  and  first  Tuesday  in  December : 

And  be  it  further  enacted, 

[Sect.  2.]  Tliat  all  original  writs,  summons,  warrants,  recogni- 
zances, executions,  processes,  matters  or  things  of  what  kind  soever, 
returnable  to,  or  which  might  have  been  adjudged,  determined  or  acted 
upon  at,  any  court  the  time  for  holding  of  which  is  altered  by  this  act, 
shall  be  in  like  manner  returnable  to,  adjudged,  determined  and  acted 
upon  at,  the  court  in  the  same  county  to  be  holden  next  after  by  virtue 
of  this  act. 

Provided,  ahvays, — 

And  it  is  accordingly  to  he  understood, 

[Sect.  3.]  That  the  inferior  court  of  common  pleas  and  court  of 
general  sessions  of  the  peace,  for  the  county  of  Middlesex,  shall  be 
held  at  Charlestown,  on  the  second  Tuesday  of  March,  this  present 
3'ear,  instead  of  the  first  Tuesda}^  of  the  said  March,  anything  in  this 
act  to  the  contrary  notwithstanding.     [^Passed  February  19,  1765. 


CHAPTER    21. 

AN  ACT  FOR  ERECTING  A  TOWN  IN  THE  COUNTY  OF  WORCESTER,  BY 
THE  NAME  OF  ROYALSTON. 


Preamble. 


Royalston  made 
a  town,  by  cer- 
tain bounds. 


Whereas  the  proprietors  of  the  land  lying  north  of  Athol,  within 
the  county  of  Worcester,  known  by  the  name  of  Ro3alshire,  have 
petitioned  this  court  that,  for  the  reasons  mentioned,  said  land  may  be 
incorporated  into  a  town,  and  vested  with  the  powers  and  authority 
belonging  to  other  towns  ;  for  the  encouragement  of  said  settlement, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Pej^resenta- 
tives, 

[Sect.  1.]  That  said  tract  of  land,  bounded  and  described  as  fol- 
lows;  viz.,  beginning  at  a  pillar  of  stones  on  the  province  line,  the 
north-west  corner,  and  from  thence,  running,  south,  by  the  east  line  of 
Warwick,  five  mile  and  two  hundred  and  ninety-three  rods,  to  a  pillar 
of  stones,  the  south-west  corner ;  and  from  thence,  running,  east,  with 
the  north  line  of  Athol,  five  miles  and  two  hundred  and  sixty-five  rods, 
to  a  red-oak  and  heap  of  stones,  the  north-east  corner  of  Athol ;  and 
from  thence,  south,  by  the  east  line  of  Athol,  one  mile  and  one  hundred 
and  ninety  rods,  to  a  stake  and  stones,  a  corner  of  Templeton  ;  and 
from  thence,  east,  three  degrees  south,  one  mile  and  cight3'-six  rods,  by 
said  Templeton,  to  the  south-west  corner ;  and  from  thence,  north, 
twelve  degrees  east,  five  miles  and  eighty  rods,  on  the  west  line  of 
Winchendon,  to  a  heap  of  stones,  the  north-west  corner  of  said  Win- 
chendon  ;  and  thence,  east,  twelve  degrees  south,  six  miles  and  sixty 
rods,  by  the  north  line  of  said  Winchendon,  to  the  north-east  corner 
thereof;  and  from  thence,  north,  twelve  degrees  east,  by  the  west  line 
of  Dorchester-Canada,  two  hundred  and  ninety-five  rods,  to  the  prov- 
ince north-bounds  ;  and  from  thence,  by  the  province  line,  fourteen 
miles  and  two  hundred  and  eight3'-five  rods,  to  the  corner  first  men- 
tioned,— be  and  hereby  is  erected  into  a  town  by  the  name  of  Roy- 
alston ;  and  the  inhabitants  thereof  shall  have  and  enjoy  all  such 
immunities  and  privileges  as  other  towns  in  this  province  htxxe  and  do 
b}"  law  enjo}'. 


[3d  Sess.] 


Peovince  Laws. — 1764-65. 


739 


And  be  it  further  enacted, 

[Sect.  2.]  That  Joshua  Willard,  Esq.,  be  and  hereby  is  impowered  First  meeting, 
to  issue  his  warrant  to  some  principal  inhabitant  of  said  town  of  Ro_y-  noufied.''^ 
alston,  requiring  him,  in  his  majesty's  name,  to  warn  and  notify  the  said 
inhabitants,  qualified  to  vote  in  town  affairs,  to  meet  together  at  such 
time  and  place  in  said  town  as  shall  be  appointed  in  said  warrant,  to 
choose  such  officers  as  the  law  directs,  and  may  be  necessar}-  to  manage 
the  affairs  of  said  town  ;  and  the  inhabitants  so  met  shall  be  and  are 
hereby  impowered  to  choose  officers  accordingly. 

And  be  it  further  enacted, 

[Sect.  3.]     That  all  those  persons  that  have  already  agreed  for  to  Persons  who 
settle  in  said  township,  and  have  given  bonds  to  perform  the  same,   havu  agreed  to 
shall  be  accounted  as  part  and   parcel  of  said   inhabitants,   and  be  accounted  in- 
allowed  to  vote  in  their  town-meetings,  in  all  town  affairs,  as  fully  as  i^^i^'tants. 
those  who  actually  live  upon  their  settlements  in  said  town,  and  shall 
be  accordingly  taxed  for  the  purposes  aforesaid.     \_Passed  February 
19,  1765. 


CHAPTEK    22. 


AN  ACT  FOR  INCORPORATING  A  NEW  PLANTATION  IN  THE  COUNTY 
OF  WORCESTER,  CALLED  AND  KNOWN  BY  THE  [NAME*]  OF  DOR- 
CHESTER-CANADA, INTO  A  TOWN  BY  THE  NAME  OF  ASHBURNHAM. 

Whereas  the  inhabitants  of  the  plantation  called  and  known  by  the   Preamble, 
name  of  Dorchester-Canada  \Jabour  und*'\cv  many  difficulties  and  in- 
convenienc[i]cs  by  reason  of  their  not  being  incorporated;  tlierefore, 
for  the  remov[e]al  \J,hereof*'\, — 

Be  it  enacted  by  the  Governor,   Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  planta[i/on  co/wm*]only  known  by  the  name  Ashbnrnham 
of  Dorchester-Canada,  according  to  the  bounds  of  the  original  grant  ™ nain  borndsf 
thereof,  made  by  [the  (7e?t*]eral  court  the  first  da}^  of  June,  1736,  be- 
ing as  follows;  viz^'^.,  a  tract  of  land  of  six  miles  square,  bounding, 
[soifi* ]herly,  on  the  Narraganset[t]  township.  No.  2  ;  westerly,  on  a 
township  laid  out  for  Tiltonf  and  others  ;  nortlierly,  on  a  township  laid 
out  for  Ipswich  ;  and  easterl}',  part  on  Townsend  and  i^art  on  Lunen- 
bourg ;  it  begins  at  a  hemlock,  the  north-easterl}'  corner  of  the  said 
!Narraganset[t]  town,  and  runs,  west,  eighteen  degrees  south,  seven 
miles,  wanting  twent}'  rods ;  from  thence,  north,  twelve  degrees  east, 
eight  miles  and  two  hundred  rods  ;  and  from  thence,  east,  twelv^e  de- 
grees sou[i7i*],  seven  miles  and  one  hundred  perch;  from  thence, 
southerly',  by  said  Townsend  line,  one  thousand  one  hundred  and 
ivi{enty*'\  rods  ;  and,  by  Lunenbourg  line,  six  hundred  and  twenty  rods, 
to  where  it  first  began  :  and  the  inhabitants  of  the  sa[«ie*]  plantation, 
together  with  all  the  lands  and  farms  included  within  the  same  bounda- 
ries, be  and  hereb}^  are  incorporated  into  a  town  b}"  the  name  of  Ash- 
bnrnham ;  and  that  the  same  town  be  and  hereb}-  is  vested  with  all  the 
powers,  privile[d]ges  and  immunities  that  any  other  of  the  towns  in 
this  province  do  or  may  Iwlaw  exercise  and  enjo[^*]. 

And  lohereas  it  is  agreed,  between  the  inhabitants  of  tlie  plantation  Preamble, 
aforesaid  and  the  proprietors  of  the  common  and  undivided  lands 
there,  that  a  tax  of  three  halfpence  an  acre  be  laid  upon  all  the  lands 
within  the  same  (excepting  Cambridge  farm,  the  lands  allotted  and 
reserved  for  the  ministiy,  the  first  minister  there,  and  the  school)  for 
the  space  of  three  years  from  the  five-and-twentieth  da}-  of  Januaiy, 

*  Parchment  mutilated.  t  "  Tilestone,"  in  the  records. 


740 


Pkovince  Laws. — 1764-65. 


[Chap.  23.] 


A  tax  of  three 
halfpence  an 
acre,  estab- 
lished. 


The  first  meet- 
ing, how  to  he 
notiiied. 


l_Anno  Domini']  one  thousand  seven  hundred  and  sixt^'-four,  sixty 
pounds  whereof  to  be  annually  apphed  to  and  for  the  payment  of  the 
minister's  salar3%  there,  and  the  residue  toward  finishing  the  public 
meeting-house  there  ;  and  for  repairing  the  public  road  through  the  said 
plantation,  from  and  after  the  aforesaid  twenty-fifth  da^^  of  January, — 

Be  it  therefore  enacted^ 

[Sect.  2.]  That  there  be  and  hereby  is  granted  a  tax  of  three  half- 
pence an  acre,  to  be  annuall3'  levied  and  assessed  upon  all  the  lands  in 
the  aforesaid  township,  excepting  the  lands  and  farm  before  excepted, 
for  the  term  aforesaid ,  for  the  uses  and  purposes  aforesaid  ;  and  that 
the  proprietors  aforesaid  be  thenceforward  discharged  and  free  from  all 
further  and  other  taxes  and  expences  on  account  of  those  articles,  and 
every  of  them,  unless  b}'  order  of  this  court. 

And  be  it  further  enacted^ 

[Sect.  3.]  That  Joseph  Wilder,  Esqi^''^,  be  and  he  hereby  is  im- 
powered  to  issue  his  warrant  to  some  one  of  the  principal  inhabitants 
of  the  aforesaid  new  town,  requiring  him  to  warn  the  inhabitants 
thereof  to  assemble  at  the  aforesaid  meeting-house,  some  time  in  the 
month  of  March  next,  to  chuse  all  town  officers  by  law  required  for 
canying  on  and  manag[e]ing  the  affairs  of  the  said  town,  and  to 
assess,  lev}^  and  collect  the  tax  aforesaid.     \_Passed  February  22,  1765. 


CHAPTEK    23. 


Preamble. 


The  town  of 
Wcstfield  to  be 
assisted  by  the 
county  of 
Hampshire  in 
building  and 
repairing  their 
great  bridge. 


AN  ACT  FOR  REBUILDING  THE  GREAT  BRIDGE  OVER  TIJE  GREAT 
RIVER,  IN  THE  TOWN  OF  WESTFIELD  IN  THE  COUNTY  OF  HAMP- 
SHIRE, AND  MAINTAINING  THE   SAME. 

Whereas  the  great  bridge,  built  by  the  town  of  Westfield,  in  the 
county  of  Hampshire,  over  the  great  river  there,  a  little  below  the  mills 
commonly  called  Weller's  Mills,  has,  by  the  violence  of  the  stream, 
lately  been  earned  away  and  destroyed  ;  and  it  appearing  that  a  bridge 
there,  is  necessarj-,  not  only  for  the  inhabitants  of  the  said  town  of 
Westfield,  but  also  for  the  other  towns  in  the  said  county  of  Hamp- 
shire ;  and  whereas  the  charge  of  rebuilding  and  maintaining  the  said 
bridge  would  be  too  great  a  burthen  on  the  inhabitants  of  the  said  town 
of  Westfield,  considering  how  man}^  other  bridges  they  are  obliged  to 
build  and  maintain  in  the  said  town, — 

Be  it  eyiacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  when  and  so  often  as  the  said  town  of  Westfield  shall  make  ap- 
plication to  the  court  of  general  sessions  of  the  peace,  in  and  for  the  said 
county  of  Hampshire,  for  assistance  to  enable  them  to  build  and  main- 
tain a  cart-bridge,  of  sixteen  feet  wide,  across  the  great  rher,  in  said 
town,  at  or  near  the  place  where  the  last  bridge  stood,  below  the  mills 
commonly  called  b^-  the  name  of  Weller's  Mills,  the  court  of  general 
sessions  of  the  peace  aforesaid  be  and  hereb}^  are  impowered  and  au- 
thorized to  tax  the  inhabitants  of  the  several  towns  and  districts  in  the 
count}'  aforesaid,  or  so  many  of  them  as  they  shall  think  reasonable, 
in  such  sum  or  sums  as  the  said  court  shall  agree  upon  from  time  to 
time,  and  to  be  added  to  each  town's  proportion  of  the  county  tax,  and 
to  be  paid  into  and  drawn  out  of  the  county  treasury  for  the  uses  and 
purposes  aforesaid.     {^Passed  February  27,  1765. 


[3d  Sess.] 


Peovince  Laws. — 1764-65. 


741 


CHAPTER    24. 

AN  ACT    TO    PREVENT    THE    DESTRUCTION    OF    SALMON   AND    OTHER 
FISH  IN  MERRIMACK  RIVER,  WITHIN  THIS  PROVINCE. 


"Whereas  the  salmon  and  other  fish  taken  in  Merrimack  River,  within 
this  province,  have  been  of  great  service  to  the  inhabitants,  and  still 
will  be  so  if  due  care  is  taken  to  prevent  the  unnecessary  destruction 
thereof;  a7id  iohereas,  by  the  constant  fishing  with  seines,  nets  and  pots, 
and  b}'  erecting  weares  and  other  incumbrances,  there,  to  prevent  the 
passage  and  faciUtate  the  taking  of  the  fish,  they  are  greatly  diminished, 
and  there  is  danger  of  their  being  wholly  destroyed  ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  Souse  of  Representa- 
tives, 

[Sect.  1.]  That  no  person  or  persons,  whatsoever,  be  allowed,  from 
and  after  the  fifteenth  day  of  March  next,  and  so  during  the  con- 
tinuance of  this  act,  to  catch  salmon,  or  other  fish  of  any  kind,  with 
sienes,  nets,  pots,  or  in  an}'  other  wa}',  in  any  part  of  Merrimack  River, 
within  this  province,  or  in  any  of  the  rivers  and  streams  running  into 
Merrimack  River,  oftner  than  three  da3-s  in  the  week, — the  daj's  to  be 
Tuesday',  Wednesda}-  and  Thursday  in  every  week  ;  and  if  anj'  person 
or  persons  shall  presume  to  catch  fish  there  at  any  other  times  than 
hereby  is  allowed,  every  person  or  persons  so  offending  shall,  for  each 
offence,  forfeit  and  pay  the  sum  of  forty  shillings  ;  and  the  same  net  or 
pot  used  in  such  fishing  shall  be  forfeited. 

And  he  it  further  enacted, 

[Sect.  2.]  That  all  weares,  fences  and  other  incumbrances  now 
erected,  or  that  hereafter  shall  be  erected,  in  any  part  of  Merrimack 
River,  within  this  province,  for  the  stopping  the  course  of  the  fish,  or  to 
facilitate  the  taking  of  the  fish  b}'  seines,  nets,  pots  or  otherwise,  be 
deemed  common  nuisances,  and  as  such  shall  be  pulled  down  and  demol- 
ished ;  and  all  persons  that  hereafter  shall  erect  any  such  weares,  fences 
or  other  incumbrances,  or  that  shall  continue  such  already  erected,  on 
due  conviction  thereof,  shall  forfeit  and  pay  the  sum  of  three  pounds. 

And  whereas  it  is  found  that  fishing  at  the  mouths  or  entrance  of 
the  rivers  and  streams  that  run  into  Merrimack  River,  and  in  the  ponds 
that  empt}-  themselves  into  it,  and  in  the  brooks  and  rivulets  that  run 
into  the  said  ponds,  prevents  the  said  fish  from  going  into  the  said 
rivers  and  streams,  and  so  into  the  ponds  above,  to  cast  their  spawn, 
and  tends  to  destro}'  the  increase  of  said  fish  ;  therefore, — 

Be  it  enacted, 

[Sect.  3.]  That  no  person  or  j^ersons,  from  and  after  the  said  fif- 
teenth day  of  March,  shall,  at  any  time  during  the  continuance  of  this 
act,  catch  any  salmon,  shad  or  alewives,  with  seines,  nets  or  pots,  at 
the  mouth  or  entrance  of  any  such  river  or  stream,  or  within  one  hun- 
dred rods  of  the  same,  nor  in  any  of  the  ponds  aforesaid,  nor  in  any  of 
the  brooks  or  rivulets  that  run  into  the  said  ponds,  on  pain  of  forfeiting 
for  each  offence  the  sum  of  three  pounds. 

And  iohereas  many  persons  who  live  out  of  this  pro\nnce,  constantl}' 
fish  in  that  part  of  Merrimack  River  that  is  within  this  province,  at  the 
proper  seasons  of  fishing,  and  some  provision  ought  to  be  made  for  the 
recovering  of  such  persons  the  penalties  inflicted  by  this  act,  if  they 
offend  against  it, — 

Be  it  therefore  enacted, 

[Sect.  4.]  That,  on  complaint  made  to  any  justice  of  the  peace 
for  the  county  where  any  offence  against  this  act  shall  be  committed, 
ngainst  any  person  or  persons  for  the  breach  of  this  act,  or  upon  view 


Preamble. 


Salmon  to  be 
taken  only  three 
days  in  a  week 
in  Merrimack 
River,  after  15th 
March,  annu- 
ally. 


Penalty. 


Wears,  &c., 
erected,  ac- 
counted nui- 
sances. 


Forfeiture,  on 
conviction. 


Preamble. 


No  fish  to  be 
taken  at  the 
mouths  of  riv- 
ers, &c.,  running 
into  Merrimack 
River,  after  15th 
March. 


Preamble. 


Justice  may 
issue  his 
warrant  for 
apprehending 


742 


Peovince  Laws.— 1764-65.  [Chap.  24.] 


offenders  not 
inhabitants  of 
the  province. 


Towns  border- 
ing on  Merri- 
luack  River, 
to  cboose  per- 
sons to  see  to 
the  observation 
of  this  act. 


Fines  and  for- 
feitures, how  to 
be  recovered : 


— how  to  be 
applied. 


Proviso,  with 
respect  to  Con- 
cord Kiver. 


Limitation. 


of  any  justice,  such  justice  is  hereby  impowered  to  issue  his  warrant  to 
apprehend  such  ofTender  or  offenders,  and  cause  them  to  find  sufficient 
sureties  for  their  appearance  at  the  then  next  court  of  general  sessions 
of  the  peace  for  the  county,  to  answer  for  their  said  offence ;  and  on 
failure  of  finding  sureties  as  aforesaid,  to  commit  them  to  the  common 
goal  for  the  county ;  and  such  justice  is  also  required  to  bind  over  tlie 
witnesses  against  such  offending  person. 

And  be  it  farther  enacted, 

[Sect.  5.]  That  every  town  in  this  province,  bordering  on  Mer- 
rimack River,  and  in  which  there  are  any  ponds,  streams  or  rivers 
emptying  themselves  into  Merrimack  River,  where  salmon,  shad  or 
alewives  are  taken,  shall,  during  the  continuance  of  this  act,  at  their 
annual  March  meeting,  choose  two  suitable  and  fit  persons  to  see  that 
this  act  is  duly  observed,  and  to  inform  against  any  person  that  shall 
offend  against  it,  who  shall  be  sworn  to  the  faithful  discharge  of  their 
duty  ;  and  if  any  person,  chosen  as  aforesaid,  shall  refuse  to  be  sworn, 
he  shall  forfeit  and  pay  tlie  sum  of  forty  shillings,  for  the  use  of  the 
poor  of  the  town,  to  be  recovered  by  the  town  treasurer  ;  and  such  town 
shall  proceed  to  a  new  choice. 

And  be  it  farther  enacted, 

[Sect.  6.]  That  all  fines  and  forfeitures  incurred  by  any  breach  of 
this  act  shall  be  recovered,  by  action  or  information,  in  any  of  his 
majestj'^'s  courts  of  record,  where  other  method  of  recovery  is  not  di- 
rected ;  and  all  offences  for  fishing  or  obstructing  the  course  of  the  fish, 
contrary  to  this  act,  shall  and  may  be  presented  by  the  grand  jurors 
for  the  respective  counties  where  the  offence  is  committed ;  and  the 
said  grand  jurors  are  hereby  enjoined  diligently  to  enquire  after,  and 
duly  to  present,  such  offences. 

And  he  it  farther  enacted, 

[Sect.  7.]  That  the  fines  and  forfeitures  incurred  hy  offending 
against  this  act,  where  not  otherwise  disposed  of,  shall  be  paid  to  the 
treasurer  of  the  county  where  the  offence  is  committed,  to  be  appropri- 
ated for  the  payment  of  the  necessary  county  charges,  except  where 
any  person  commences  a  prosecution,  by  action  or  information  ;  and  in 
that  case  one-half  of  the  forfeiture  shall  go  to  the  prosecutor. 

Provided,  always, — 

[Sect.  8.]  This  act  shall  not  be  construed  to  affect  the  fishing  in 
Concord  River  (except  the  clause  respecting  the  fishing  at  the  mouths 
or  entrance  of  the  rivers  and  streams  that  run  into  Merrimack  River) , 
but  that  the  inhabitants  of  Concord  and  Sudbuiy  may  erect  weares 
within  their  respective  towns  for  taking  fish  in  said  river  :  provided  they 
fish  only  three  da^ys  in  each  week;  viz.,  Tuesday,  Wednesday  and 
Thursday  ;  and  the  inhabitants  upon  and  at  the  mouth  of  said  river  may 
take  fish,  with  seines  or  nets,  two  days  in  each  week  ;  viz.,  Tuesdaj'  and 
Thursday :  and  that  said  weares  be  kept  open,  and  said  fishing  with 
seines  or  nets  cease  the  rest  of  the  time. 

[Sect.  9.]  This  act  to  continue  and  be  in  force  for  the  space  of 
three  years  from  the  publication  of  it,  and  no  longer.  [^Passed  Febru- 
ary 28, 1765. 


[3d  Sess.] 


Pkovikce  Laws. — 1764-65. 


743 


CHAPTER    25. 


AN  ACT  TO  PREVENT  THE  DESTRUCTION  OF  OYSTERS  IN  THE  SEV- 
ERAL BAYS  AND  RIVERS  HEREAFTER  MENTIONED,  WITHIN  THIS 
PROVINCE. 


"Whereas  it  hath  been  the  practice  for  some  j'ears  past  for  persons 
to  come,  with  their  vessels  and  boats,  into  the  rivers  and  bays  lying 
either  in  the  towns  of  Wellfleet,  Freetown,  Swanzey,  Dartmouth,  Barn- 
stable, Yarmouth,  and  in  other  of  the  baj^s,  ports  and  rivers  in  this 
province,  then  and  there  to  rake  the  oyster-beds,  carry  away  from  thence 
large  quantities  of  oysters,  b}'  means  whereof  said  beds  are  almost  de- 
stro^'ed,  to  the  great  prejudice  both  of  the  English  and  Indian  inhabit- 
ants living  in  or  near  to  the  towns  aforesaid  ;  for  remedy  whereof, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Hepresenta- 
tives, 

[Sect.  1.]  That  if  any  person  or  persons  shall,  at  anytime  after 
the  twenty-fifth  of  March  next,  presume  to  take  any  oysters,  or  to 
rake  or  sweep  any  of  the  ovster-beds,  lying  either  in  the  rivers  or  ba3^s 
in  either  of  the  towns  of  Wellfleet,  Freetown,  Swanzey,  Dartmouth, 
Barnstable,  Yarmouth,  or  in  any  of  the  ba3-s,  ports  or  rivers  in  this 
province,  without  leave  first  had  and  obtained  from  the  selectmen,  or 
the  major  part  of  them,  in  writing,  under  their  hands,  in  such  town 
where  the  oysters  may  be  taken,  or  where  the  beds  may  be  raked  or 
sweeped,  as  aforesaid,  every  person  so  offending  shall  forfeit  and  pay  a 
sum  not  exceeding  ten  pounds,  nor  under  fort}'  shillings,  to  be  recov- 
ered by  action,  information  or  presentment  of  a  grand  jury  in  any 
of  his  majesty's  courts  of  record  proper  to  trj^  the  same :  unless  the 
prosecutor  shall  see  cause  to  bring  the  tryal  before  a  justice  of  the 
peace,  in  which  case  the  justice  may  try  the  same ;  and  the  fine  shall 
be  fort}'  shillings,  and  no  more,  one-third  thereof  to  and  for  the  use  of 
him  that  shall  inform  or  sue  for  the  same,  the  other  two-thirds  for  the 
use  of  the  poor  of  the  town  where  the  offence  shall  be  committed. 

Provided,  nevertheless, — 

[Sect.  2.]  Nothing  in  this  act  shall  be  understood  to  hinder  any 
inhabitant  in  this  province  from  taking  03'sters  for  their  own  eating,  or 
for  market  in  their  own  town,  without  leave  from  the  selectmen,  as 
aforesaid  :  provided  the  same  be  not  sent  out  of  the  province. 

[Sect.  3.]  This  act  to  continue  and  be  in  force  for  the  space  of 
three  jears  from  the  twenty-fifth  of  March  next,  and  no  longer. 
IPassed  February  28,  1765. 


Preamble. 


No  person  to 
sweep  any  oys- 
ter-beds without 
leave  from  the 
selectmen,  &c. 


Penalty. 


Proviso,  for 
inhabitants  to 
take  for  their 
own  eating. 


Limitation. 


CHAPTER    26. 

AN  ACT  FOR  ESTABLISHING  AND  REGULATING  THE  FEES  OF  THE 
SEVERAL  OFFICERS,  WITHIN  THIS  PROVINCE,  HEREAFTER  MEN- 
TIONED. 


Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, in  general  court  assembled, 

[Sect.  1.]     That  from  and  after  the  end  of  the  session  of  the  general  Fees  estab- 
court  in  May,  one  thousand  seven  hundred  and  sixt^'-five,  the  estab-  i7^^o  ch.  26. 
lishment  of  the  fees  belonging   to  the  several  officers  hereafter  men- 
tioned, in  this  province,  be  as  followeth  ;  viz^'^., — 


744 


Peovince  Laws. — 1764-65. 


[Chap.  26.] 


JuBtice'a  fees. 


Coroner's  fees. 


Judge  of  pro- 
bate's,  and  regis- 
ter's, fees. 


JUSTICE'S  FEES. 

For  every  writ  of  attacliinent  or  original  summons,  one  shilling. 

Summons  upon  a  capias^  or  attachment,  sixpence. 

Subpaena,  for  each  witness,  one  penny  halfpenny. 

Entring  an  action  or  filing  a  complaint  in  civil  causes,  two  shillings. 

"Writ  of  execution,  one  shilling  and  fourpence. 

Filing  papers,  each,  a  penny  halfpenny. 

Taxing  a  bill  of  cost [s J,  threepence. 

Entring  up  judgment  in  civil  or  criminal  ca[w]ses,  ninepence. 

Cop3'  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. 

A  recognizance  or  bond  of  appeal,  including  principal  and  sureties,  one 
shilling. 

Taking  affidavits  out  of  their  own  courts  in  order  for  the  trial  [for]  [o/] 
any  cause,  one  shilling ;  and  one  shilling  and  sixpence  for  his 
travel  every  ten  miles,  and  so  in  proportion ;  his  travel  to  be 
certified  on  the  affidavit. 

Taking  affidavits,  in  j^erpetuam,  to  each  justice,  one  shilling. 

For  every  oath  administred  to  one  or  more  witnesses  beforc  refer[r]- 
ees  or  arb[r]itrators,  one  shilling. 

For  travel,  the  same  as  in  taking  affidavits. 

Swearing  persons  appointed  to  appraize  estates,  or  to  appraize  and  di- 
vide real  estates,  together  with  certificates,  one  shilling  and  six- 
pence. 

Taking  an  acknowledg[e]ment  with  one  or  more  seals,  provided  at  one 
and  the  same  time,  one  shilling. 

Receiving  a  complaint  and  issuing  a  warrant  in  criminal  cases,  one  shil- 
ling and  sixpence. 

Entring  a  complaint,  making  up  judgment  thereon,  the  same  as  in 
civil  causes. 

For  granting  a  warrant,  swearing  appraizers,  relating  to  strays,  and 
entering  the  same,  one  shilling  and  sixpence. 

For  affidavits  in  all  other  cases,  with  certificates,  and  examining,  ex- 
cept oaths  to  be  administred  to  town,  district  and  precinct  offi- 
cers, eightpence. 

CORONER'S  FEES. 

For  serving  a  writ,  summons  or  execution,  and  travelling  fees,  the  same 
as  by  this  act  hereafter  allowed  to  sherifi's. 

Bail  bond[s],  one  shilUng. 

Everj'^  trial  where  the  sheriff  is  concerned,  eightpence. 

For  attending  the  jury,  one  shilling. 

For  granting  a  warrant  and  taking  an  inquisition  (to  be  paid  out  of 
the  deceased's  estate),  six  shillings;  if  more  than  one  at  the 
same  time,  seven  shillings  and  sixpence  in  the  whole ;  if  no  es- 
tate, then,  to  be  paid  out  of  the  county  treasury. 

For  travelling  and  expences  for  taking  an  inquisition,  each  day,  four 
shillings. 

The  foreman  of  the  jur^-,  three  shillings ;    and  ten  miles  accounted  a 
day's  travel,  one  shilling  per  day  ; — 
every  other  juror,  two  shilhngs  and  sixpence,  and  travel  the  same  as 
the  foreman. 

The  constable,  for  his  expences,  summoning  the  jury  and  attendance, 
four  shillings  per  day. 

JUDGE  OF  PROBATE'S  AND  REGISTER'S  FEES. 

For  granting  administration,  — 
to  the  judge,  three  shillings : 


[3d  Sess.]  Peovince  Laws.— 1764-65.  745 

to  the  register,  for  wi'iting  letter  and  bond  of  administration,  two 
shillings  and  sixpence. 
For  appointing  or  allowing  guardians  to  minors :  two  shillings  to  the 
judge  ;  and  for  writing  bond,  letter  of  guardianship  and  record- 
ing letter,  three  shillings  to  the  register  for  every  minor. 
Proving  a  will  or  codicil :  to  the  judge,  three  shillings  and  sixpence ; 

to  the  register,  two  shillings  and  sixpence. 
For  examining  and  allowing  inventor}- ,  and  swearing  the  executor  or 
executors,  administrator  or  administrators,  one  shilling  to  the 
judge. 
Recording  a  will,  letter  of  administration  or  guardianship,  inventory  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, 
eightpence. 
For  copy  of  a  will  and  inventory,  for  each  page,  and  other  office  copies, 

eightpence. 
Allowing   accounts,  three   shillings  to  the  judge :  decree  for  settling 

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  appraizing  or  dividing  estates  :  one  shilling 

and  sixpence  to  the  judge  ;  to  the  [^register*'],  one  shilling. 
[ilfa*]king  out  commission  to  receive  and  examine  the  claims  of  cred- 
itors to  insolvent  estates;  to  the  judge,  one  [s*Jhilling;  to  the 
register,  one  shilling  :  for  recording,  eightpence  each  page. 
Registering  the  commissioner's  report,  each  page,  eightpence. 
Making  out  and  entering  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,  agre[e]able  to  the 
commissioner's  return,  when  the  estate  does  not  exceed  fifty 
pounds,  three  shillings  ;  and,  if  above  that  sum,  four  shillings 
for  the  whole. 
For  recording  the  same,  eightpence  per  page. 
And  he  it  further  enacted, 

[Sect.  2.]  That  whenever  any  fees  shall  be  paid  in  the  probate 
office  for  the  probate  of  a  will  and  letters  testamentary,  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  respectively  granted  shall  be 
fully  settled,  a  particular  acount  of  such  fees,  before  payment,  shall,  if 
demanded,  be,  by  the  register  or  judge,  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  suiTer  accordingly. 

IN  THE  SUPERI0[?7]R  COURT. 

justice's  fees. 

Entericg  an  action,  six  shillings  and  eightpence.  Justices  of  the 

Taking  special  bail,  one  shilling  and  sixpence.  sup^erior  courts, 

Allowing  a  writ  of  error,  two  shillings. 

*  Parchment  mutilated. 


746 


PnovmcE  Laws. — 1764-65. 


[Chap.  26.] 


Allowing  a  habeas  corpus,  one  shilling  and  fourpence. 

Taxing  a  bill  of  cost,  eightpence. 

For  entering  a  petition,  and  making  order  thereon,  for  the  sale  or  parti- 
tion of  real  estates,  and  giving  a  copy  of  the  same,  seven  shil- 
lings in  the  whole :  the  clerk  to  be  paid  for  recording,  as  usual. 

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 /acias  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. 
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  entering  the  same  next  term,  one  shilling. 
Filing  each  paper  in  each  cause,  one  penny  halfpenny. 
Proving  a  deed  in  court,  and  certifying  the  same,  one  shilling. 
Entring  up  judgment  and  recording  the  same  at  large,  two  shiUings. 
For  each  venire,  to  be  paid  out  of  the  county  treasuries,  respectively, 

on  the  justice's  certificate,  threepence. 
Every  writ  and  seal  other  than  before  mentioned,  two  shillings. 
Subpaena  for  each  witness,  one  penny  halfpenny. 
Each  recognizance,  including  principal  and  sureties,  one  shilling. 
A  writ  of  protection,  one  shilling. 


IN  THE  INFERI0[?7]R  COURT  OF   COMMON  PLEAS. 


JUSTICE  S   FEES. 

Justices  of  the     Entring  of  every  action,  five  shillings  and  fourpence. 
mfonor  courts,     Taxing  a  bill  of  cost,  sixpence. 

Taking  a  recognizance  on  appeals,  including  principal   and   sureties, 
one  shilling. 

Proving  a  deed,  one  shilling. 

Granting  a  writ  of  protection,  one  shilling. 

clerk's  fees. 

Clerk's  fees.        Every  action  entred,  one  shilling  and  foui-pence. 
Every  writ  and  summons,  sixpence. 
Every  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. 


I 


[3d  Sess.]  PjROvmcE  Laws.— 1764-65.  747 

Confessiug  judgment,  or  default,  eightpeuce. 

Acknowledging  satisfaction  of  a  judgment,  on  record,  eightpence. 

Continuing  each  cause,  and  entering  at  the  next  term,  eightpence. 

Each  recognizance,  including  principal  and  sureties,  one  shilling. 

Examining  each  bill  of  costs,  sixpence. 

Each  venire,  to  be  paid  out  of  the  county  treasuries,  respectively,  by 

order  of  the  court,  threepence. 
"Writ  of  facias  habere  possessionem,  two  shillings. 
Filing  each  paper,  one  penny  halfpenny. 
A  writ  of  protection,  one  shiUing. 

ATrORN'['Eir'][IE]S  FEES,  AND  ALLOWANCE  TO  PARTIES  AND  WITNESSES. 

Attorney's  fees;  vizi^'^.,  in  the  superior  court,  in  a  cause  tried  by  a  Attorney's  fees, 
jury,  twelve  shillings  ;  in  other  causes  in  said  court[s],  and  in  all 
causes  in  the  inferior  court,  six  shillings. 
[Sect.  3.]     To  parties  recovering  costs,  and  to  witnesses  in  civil  and 
criminal  causes,  whether  in  the  superior  or  inferior  courts,  or  courts  of 
general  sessions  of  the  peace,  or  before  a  justice,  one  shilling  and  six- 
pence for  each  day's  attendance  and  travel,  ten  miles'  travel  to  be  ac- 
counted as  one  day ;  no  allowance  to  be  made  to  parties  for  travel  to 
or  from  the  clerk's  office,  in  order  to  talse  out  a  writ  or  summons,  or 
carry  the  same  to  the  office. 

IN  THE  COURT  OF  GENERAL   SESSIONS  OF  THE  PEACE. 

To  each  justice,  for  every  day's  constant  attendance  in  court,  three  Court  of  general 
shillings  ;  to  all  justices  in  the  shire  town,  or  within  ten  miles  pel^ce.""*  "^  ^^^ 
of  the  court-house,  and  to  all  others,  four  shillings  per  day, — 
to  be  paid  out  of  the  county  treasury;  the  clerk  to  keep  [a*]n 
exact  account  of  their  attendance  as  aforesaid,  and  all  fines  and 
forfeitures  to  be  paid  into  the  count}'  treasury  for  the  use  of  the 
count}'. 

For  granting  ever}'  licence  to  retailers  and  in [n] holders,  and  taking 
their  several  recognizances,  including  principal  and  sureties,  six 
shillings  in  the  whole  ;  one-third  thereof  to  the  clerk,  the  other 
two-thirds  thereof  to  be  paid  into  the  respective  county  treas- 
uries. 

Each  recognizance  in  criminal  causes,  including  principal  and  sureties, 
one  shilling. 

CLERK-OF-THE-SESSIONS'    FEES. 

Entring  a  complaint  or  indictment,  one  shilling  and  fourpence.  Clerk's  fees. 

Discharging  a  recognizance,  eightpence. 

Each  warrant  for  criminals,  one  shilling. 

Every  summons  or  subpaena,  twopence. 

Every  recognizance,  including  principal  and  sureties,  one  shilling. 

Entring  up  judgment,  or  entring  satisfaction  of  judgment,  on  record, 
one  shilling. 

Warrant  for  county  tax,  one  shilling. 

For  minuting  the  receipts  of  each  petition,  and  order  thereon,  and  re- 
cording, eightpence  per  page,  as  before. 

Examining  and  casting  the  grand  jury's  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. 

*  Parchment  mutilated. 


748 


PnovmcE  Laws. — 1764-65. 


[Chap.  26.] 


For  filing  each  paper,  one  penny. 

For  transmitting  to  the  selectmen  of  each  town  in  the  county  a  list  of 
the  names  of  the  persons  in  such  town  licen[c][s]e(l  the  year 
before,  threepence,  to  be  paid  by  each  person  licen[c]  [sjed,  and 


FEES  FOB  BEGISTERING  SHIPS  AND  OTHER  VESSELS,  AGBE[E}ABLE  TO  ACT 

OF  PARLIAMENT. 

Register's  fees.        For  each  register,  exclusive  of  collector's  fee[s],  five  shillings. 


Fees  for  the 

secretary's 

office. 


FEES  IN  THE  SECRETARY'S  OFFICE. 

For  certificates  under  the  province  seal,  five  shillings  in  the  whole ; 
two  shillings  thereof  to  the  secretar3^ 

JFor  warrants  of  apprizement,  survey,  «fec.,  six  shillings  in  the  whole; 
three  shillings  thereof  to  the  secretary. 

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

For  engrosfsjing  the  acts  or  laws  of  the  general  assembl}',  six  shilhngs 
each,  to  be  paid  out  of  the  public[k]  revenue. 

Every  commission  for  the  justices  of  each  count}^,  and  commission  of 
03'er  and  terminer,  six  shillings  and  eightpence,  to  be  paid  out 
of  the  publick  revenue. 

Special  warrants  or  mittimus  by  order  of  the  governor  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   b}'  the  person  commissionated. 

Every  bond,  three  shillings. 

Every  order  of  council  to  the  benefit  of  particular  persons,  two  shillings. 

Every  writ  for  electing  of  representatives  to  serve  in  the  general 
court,  directed  to  the  sheriff  or  marshal[13,  under  the  province 
seal,  five  shillings,  to  be  paid  out  of  the  public[k]  revenue. 

For  transcribing  the  acts  or  laws  passed  by  the  general  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  public [k]  revenue. 

Every  commission  for  military  ofl3cers,  to  be  paid  out  of  the  public [k] 
treasury,  two  shillings. 


Sheriffs  or 
constable's  fees. 


SHERIFF'S  OR  CONSTABLE'S  FEES. 

For  the  service  of  an  original  summons,  or  scire  facias,  on  one  defend- 
ant, for  trial,  either  b^'  reading  the  same,  or  by  copy,  one  shil- 
ling and  fourpence  :  if  served  on  more  than  one  defendant,  then 
for  each  other  defendant  so  served,  one  shilling  and  fourpence. 

For  service  of  a  capias,  or  attachment,  on  one  defendant,  with  or  with- 
out a  summons,  one  shilling  and  fourpence :  if  served  in  like 
manner  on  more  than  one  defendant,  then  for  each  other  so 
served,  one  shilling  and  fourpence. 

For  a  bail  bond,  including  principal  and  sureties,  to  be  paid  b}-  the 
person  or  persons  admitted  to  bail,  one  shilling. 

For  serving  an  habere  facias  j^ossessionem,  exclusive  of  the  poundage 
on  the  costs  of  court,  six  shillings  ;  if  on  more  than  one  piece  of 
land,  four  shillings  each. 

For  the  costs  on  an  habere  facias,  the  same  poundage  as  in  personal 
actions. 

For  sei'ving  a  warrant,  one  shilling  and  fourpence. 

For  the  sheriff's  aid  in  criminal  cases,  to  each  person,  four  shillings  a 
da}" ;  and  ten  miles  to  be  reckoned  a  day.  and  so  in  proportion 
for  a  less  time. 


[3d  Sess.] 


Province  Laws. — 176J:-65. 


749^ 


I 


For  summoning  of  witnesses  in  criminal  cases,  for  each  witness,  six- 
pence, and  travel  as  in  civil  cases. 
For  levying  executions  in  personal  actions  ;  viz"^'^.,  for  the  first  twenty 
pounds,  or  under,  ninepence  per  pound  ;  above  tliat,  not  exceed- 
ing fort}'  pounds,  fourpence  per  pound  :  above  that,  not  exceed- 
ing one  hundred  pounds,  twopence  per  pound  ;  for  aU  above  one 
hundred  pounds,  one  penu}-  per  pound. 
For   travel,   for  the    service    of  each  execution   or  mean    process  or 
warrant  to  him  directed,  twopence  i^er  mile  ;  the  travel  to  be 
computed  from  the  place  of  service  to  the  court  where  the  writ 
or  execution  shall  be  returned,  bj'  the  way  that  is  most  commonly 
used  ;  but  one  travel  to  be  allowed  to  one  writ  or  execution  :  and 
if  the  same  be  served  on  more  persons  than  one,  the  travel  to  be 
computed  from  that  place  of  service  that  is  the  remotest  from 
the  place  of  return,  with  all  further  necessary  travel  in  serving 
such  writ  or  execution  on  the  others  :  the  travelling  fees  and 
fees  of  service  to  be  endorsed,  b}'^  the  sheriff-  or  his  deputy,  on 
each  mean  process,  or  execution,  otherwise  not  to  be  allowed. 
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   expence,  threepence   per  mile  out   from   the  place  of  his 
abode  :  and  to  each  juror,  two  shillings  per  day  ;  and  for  travel 
and  expence,  threepence  per  mile. 
Every  trial,  eightpence. 
Every  default,  fourpence. 

For  making  out  every  preempt  for  the  choice  of  representatives,  sending 
the  same  to  the  several  towns,  and  returning  it  to  the  secreiary's 
oflfice,  one  shilling  and  fourpence  ;  to  be  paid  out  of  the  county 
treasuries,  respectivel}'. 
To  the  officer  attending  the  grand  jur^',  each  daj',  two  shillings. 
To  the  officer  attending  the  petit  jury,  one  shilling  every  cause. 
For  dispersing  venires  from  the  clerk  of  the  superior  court,  and  the 
province  treasurer's  warrant[s],  and  proclamations  of  all  kinds, 
fourpence  each. 
[Sect.  4.]     For  the  encouragement  unto  the  sheriff  to  take  and  use 
all  possible  care  and  diligence  for  the  safe  keeping  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  general  sessions  of  the 
peace  within  the  same  count}'  shall  think  fit  and  order ;  not  exceeding 
ten  pounds  per  annum  for  the  county  of  Suffolk,  and  not  exceeding  five 
pounds  per  annum,  apiece,  for  the  count}'*  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  count}'. 

CBYEB'S  FEES. 

Calling  a  jury,  fourpence. 
A  default  or  nonsuit,  eightpence. 
A  judgment  affirmed  on  complaint,  eightpence. 
A  verdict,  eightpence. 

Said  fees  to  be  paid  to  the  clerks  of  the  respective  courts,  for  the  use 
of  the  cryers. 

TO   THE  CAPTAIN  OF  CASTLE  WILLIAM. 

For  a  pass  to  the  castle  for  each  vessel,  two  shillings  in  the  whole :  captainof-the- 
wood-sloops  and  other  coasting  vessels,  for  which  passes  have  castle's  fees. 
not  been  usually  required,  excepted. 

•  Sic. 


Allowance  for 
keeping  the  jail. 


Crier's  fees. 


750 


Peovince  Laws.— 1764-65.  [Chap.  26.] 


GOALEE'S  FEES. 


Jailer's  fees.        For  turning  the  key  on  each  prisoner  committed,  three  shillings  ;  \dzf*^., 
one  shilling  and  sixpence  in,  and  one  shilling [sj  and  sixpence 
out. 
For  dieting  each  person,  for  a  week,  four  shillings. 


Messenger  of 
the  house  of 
representatives, 


MESSENGER  OF  THE  EO USE  OF  REPRESENTATIVES. 

For  serving  ever}'  warrant  from  the  house  of  representatives,  whieli 
they  ma}'  grant  for  arresting,  imprisoning,  or  taking  into  cus- 
tody 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  shil- 
ling and  sixpence. 

For  his  discharge  or  dismission,  one  shilling  and  sixpence. 


Grand-jurors' 
fees. 


GRAND  JURORS'  FEES. 


Foreman,  per  day,  two  shillings  and  sixpence. 
Each  other  juror,  two  shillings. 


Petit-jurors* 

fees. 


PETIT  JURORS'  FEES. 


To  the  foreman,  in  every  cause  at  the  superior  and  inferior  courts,  or 

sessions,  three  shillings. 
To  every  other  juror,  two  shillings. 


Fee  for  mar- 

riages. 


FOR  MABRIAGES. 

For  each  marriage,  to  the  minister  or  justice  officiating,  four  shillings. 
For  recording   it :  to  the  town  clerk,  to  be  paid  by  the  minister  or 

justice,  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  matrimonj^ 

and  entring  thereof,  one  shilling. 
Every  certificate  of  such  publishment,  sixpence. 
Recording  births  and  deaths,  each,  twopence. 
For  the  certificate  of  the  birth  or  death  of  any  person,  threepence. 


County  re^s- 
ter's  fees. 


Penalty  for 
taking  excessive 
fees. 


Costs  to  be 
taxed  in  all 
criminal  prose- 
cutions, and 
how  to  be  paid. 


COUNTY  REGISTER 'S  FEES. 

For  entring  or  recording  or  copj'ing  any  deed,  conveyance  or  mortgage, 
for  the  first  page,  ninepence  ;  and  eightpence  per  page  for  so 
man}'  pages  more  as  it  shall  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. 
And  he  it  further  enacted, 

[Sect.  5.]  That  if  any  person  or  persons  shall  demand  and  take 
any  greater  fee  or  fees,  for  any  of  the  services  aforesaid,  than  are  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  re- 
covered in  any  court  proper  to  hear  and  determine  the  same. 
And  he  it  further  enacted.^ 

[Sect.  6.]  That  in  all  criminal  prosecutions  in  the  superior  court  of 
judicature,  court  of  assize  and  general  goal  delivery,  and,  in  the  courts 
of  general  sessions  of  the  peace,  when  the  party  or  parties  prosecuted 
shall  be  ordered  to  go  without  day,  or  when,  being  convict,  shall  not 


[3d  Sess.] 


Peovikce  Laws. — 1764-65. 


751 


have  sufficient  goods  or  estate  to  pay  costs  of  prosecution,  in  every 
such  case  it  shall  be  in  the  power  of  the  court  before  whom  such  ac- 
quittal or  conviction  shall  be,  to  tax  such  costs  for  court  charges  as  the 
case  shall  appear  to  require,  not  exceeding  the  fees  or  costs  stated  by 
this  act ;  and  such  costs  so  taxed  by  the  courts  of  general  sessions  of 
the  peace,  shall  be  paid  out  of  the  respective  county  treasuries  ;  and 
such  costs  so  taxed  b}'  the  superior  court  of  judicature,  court  of  assize 
and  general  goal  delivery  shall  be  paid  by  the  sheriffs  of  the  respective 
counties,  out  of  such  fiues  and  forfeitures  as  ma}'  have  arisen  and  been 
incurred  b}'  force  of  any  judgment  or  sentence  of  such  court;  and  al-  Allowance  to  be 
lowance  shall  be  made  by  the  province  treasurer  to  the  several  sheriffs  ^erf^"  ^^^ 
for  any  sums  paid  as  aforesaid  :  and  when  and  so  often  as  it  shall 
happen  that  any  sheriff  shall  not  have  in  his  hands  any  monies  received 
for  fines  and  forfeitures  as  aforesaid,  such  costs  shall  be  paid  out  of  the 
province  treasur}-. 

[Sect.  5.]     This  act  to  continue  and  be  in  force  three  years,  and  no  Limitation, 
longer.     \_Passed  March  5,  1765. 


CHAPTER    27. 


I 


AN  ACT  IN  ADDITION  TO,  AND  IN  EXPLANATION  OF,  TWO  ACTS  MADE 
AND  PASSED  IN  THE  PRESENT  YEAR  OF  HIS  MAJESTY'S  REIGN, 
THE  ONE,  INTITLED  "AN  ACT  FOR  DETERMINING  THE  TIMES  FOR 
HOLDING  THE  SUPERIOR  COURT  OF  JUDICATURE,  COURT  OF  ASSIZE 
AND  GENERAL  GOAL  DELIVERY  IN  THE  SEVERAL  COUNTIES  WITH- 
IN THIS  PROVINCE  ;  "  THE  OTHER,  INTITLED  "AN  ACT  DETERMIN- 
ING AT  WHAT  TIMES  AND  PLACES  THE  SEVERAL  INFERIOR  COURTS 
OF  COMMON  PLEAS  AND  COURTS  OF  GENERAL  SESSIONS  OF  THE 
PEACE  SHALL  BE  HELD  WITHIN  AND  FOR  THE  SEVERAL  COUNTIES 
OF  THE  PROVINCE,  FOR  THE   FUTURE." 

Whereas,  in  and  by  an  act  made  and  passed  in  the  present  year  of  Preamble. 
his  majesty's  reign,  intitled  '-An  Act  for  determining  the  times  for  1764-65, chap, 
holding  the  superior  court  of  judicature,  court  of  assize  and  general  i^>§" 
goal  deliver}-  in  the  several  counties  within  this  province,"  it  is,  among 
other  things,  enacted  as  follows;  viz.,  "  That  all  appeals,  writs  of 
review,  recognizances,  warrants,  processes,  matters  or  things  whatso- 
ever, returnable  to,  or  which  might  have  been  proceeded  on,  adjudged 
and  determined  at,  any  court,  the  time  for  holding  which  is  altered  by 
this  act,  shall  be  in"  like  manner  returnable  to,  and  may  in  like  manner 
be  proceeded  on,  adjudged  and  determined  at,  the  court  in  the  same 
county  to  be  holden  next  after  by  virtue  of  this  act ;  "  and  in  and  by 
another  act,  made  and  passed  in  the  present  year  of  his  majesty's 
reign,  intitled  "An  Act  determining  at  what  times  and  places  the 
several  inferior  courts  of  common  pleas  and  courts  of  general  sessions 
of  the  peace  shall  be  held  within  and  for  the  several  counties  in  the 
province  for  the  future,"  it  is,  among  other  things,  enacted  as  follows ; 
viz.,  "That  all  original  writs,  summons,  warrants,  recognizances, 
executions,  processes,  matters  or  things  of  what  kind  soever,  returna- 
ble to,  or  which  might  have  been  adjudged,  determined  or  acted  upon 
at,  any  court,  the  time  for  holding  of  which  is  altered  by  this  act, 
shall  be  in  like  manner  returnable  to,  adjudged,  determined  and  acted 
upon  at,  the  court  in  the  same  county  to  be  holden  next  after  by  virtue 
of  this  act ;  "  and  ivhereas  it  may  be  doubtful  whether  the  said  clauses, 
or  either  of  them,  extend  to  the  service  of  executions  which  are  return- 
able to  any  court  the  time  for  holding  which  is  altered  by  the  said 
acts,  after  the  day  when,  by  law,  such  executions  would  have  been 
returnable  if  the  said  acts  had  not  passed, — • 


1764-65,  chap. 
20,  §  2. 


752 


Pkovince  Laws. — 1764-65. 


[Chap.  28.] 


Service  of  exe- 
cutions ren- 
dered valid,  the 
alteration  of 
the  times  for 
holding  the 
eevcral  courts 
notwithstand- 
ing. 


Preamble. 


Writs,  sum- 
mons and 
other  pro- 
cesses, estab- 
lished. 


Be  it  therefore  eiiacted  hy  the  Governor,  Council  and  House  of 
Representat  ives , 

[Sect.  1.]  That  the  service  of  all  executions  already  made,  or 
which  shall  be  made,  after  the  day  on  which  such  executions  would,  by 
law,  have  been  returnable  if  the  time  for  holding  tjie  courts  to  which 
they  are  or  may  be  returnable  had  not  been  altered  by  the  before- 
mentioned  acts,  and  before  the  da}^  on  which  thej^  are  made  returnable 
by  force  of  the  said  acts,  shall  be  deemed  as  valid  and  effectual,  to  all 
intents  and  purposes  whatsoever,  as  if  such  service  had  been  made 
before  the  day  on  which  they  would,  by  law,  have  been  returnable  if 
the  said  acts  had  not  been  made  and  passed. 

And  ivhereas  divers  writs,  summons  and  other  processes  have  issued, 
or  may  issue,  within  the  several  counties  of  the  province,  after  the  pass- 
ing of  the  aforesaid  acts,  and  such  writs,  summons  or  other  processes 
may  have  been,  or  may  be,  made  returnable  to  the  court  to  which,  by 
law,  they  would  have  been  returnable,  if  the  aforenamed  acts  had  not 
been  made  and  passed, — 

Be  it  therefore  further  enacted^ 

[Sect.  2.]  That  all  writs,  summons  and  processes  whatsoever, 
which  have  issued  or  been  commenced,  or  may  issue  or  commence, 
after  the  passing  the  aforenamed  acts,  which  are,  or  may  be,  made 
returnable  on  such  day  as,  by  law,  they  would  have  been  returnable,  if 
the  said  acts  had  not  passed,  shall  still  be  deemed  returnable  to  the 
court  to  be  held  on  such  day,  unless  the  time  of  holding  such  court  be 
altered  hy  one  or  other  of  the  said  acts  ;  and  in  such  case  such  writs, 
summons  or  other  process  shall  be  and  are  hereby  declared  to  be 
returnable  to  the  court  to  be  held  within  and  for  the  same  county  next 
after,  and  shall,  to  all  intents  and  purposes,  be  as  valid  and  effectual  in 
law  as  if  the  said  acts  had  not  been  made  and  passed.  \_Passed 
March  5, 1765. 


Preamble. 


Beciting  an 
order  of  court. 


CHAPTER  28. 

AN  ACT  TO  CARRY    INTO    EXECUTION    AN    ORDER    OF  THE  GENERAL 
COURT,  FOR  NUMBERING   THE    PEOPLE  WITHIN  THIS  PROVINCE. 

Whereas  the  great  and  general  court  of  this  province,  the  second 
day  of  Februaiy,  one  thousand  seven  hundred  and  sixtj'-four,  came 
into  the  following  order;  viz.,  "Upon  consideration  of  his  excellency's 
message  of  the  nineteenth,  currant,  ordered,  that  the  selectmen  of  each 
town  and  district  in  this  province,  chosen  for  the  year  one  thousand 
seven  hundred  and  sixt3'-four,  do,  as  soon  as  conveniently  ma^'  be,  take 
an  exact  account  of  the  number  of  dwelling-houses,  families  and  peo- 
ple, of  their  respective  towns  and  districts,  including  as  well  Indians 
civilized,  negroes  and  molattoes,  as  white  people ;  and  females  as  well 
as  males  ;  and  distinguish  them  in  this  form  ;  namely, — 


White  people  under  sixteen  years, 

Above  sixteen  years, 

Families, 
Houses, 

Negroes  and  molattoes, 
Indians, 


(  Males, 
I  Females, 
(  Males, 
\  Females, 


5  Males, 
l  Females, 
\  Males, 


Females, 

and  return  the  same  into  the  secretary's  office,  by  the  last  day  of 

December  next ; "  *  and  whereas  several  of  the  selectmen  of  towns  and 

*  Council  Records,  vol.  xxv.,  p.  185. 


[3d  Sess.] 


Peovince  Laws. — 1764-65. 


753 


districts  within  this  province  have  complied  witli  the  abovesaid  order, 
and  divers  others  have  neglected  their  duty  therein,  and  have  not  made 
return  as  directed,  bj^  which  neglect  the  design  of  the  said  order  has 
been  evaded ;  for  remed}'  whereof,  and  that  a  uniform  return  ma}-  be 
made,  agreeable  to  his  majestv's  requisition,  b}'  his  ministers,  to  his 
excellency  the  governor,  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  selectmen  of  such  town  and  district  within 
this  province  (chosen  for  the  year  one  thousand  seven  hundred  and 
sixty -four)  where  the  above  order  has  not  been  complied  with,  or  the 
survivors  of  them,  do  take  an  exact  account  of  the  number  of  dwelling- 
houses,  families  and  people,  agreeable  to  the  form  aforementioned, 
and  make  return  thereof  unto  the  sheriffs  of  the  several  counties,  re- 
spectivel}-,  on  or  before  the  twentj^-fifth  day  of  Ma}'  next ;  and  in  case 
of  refusal  or  neglect  of  their  duty,  to  forfeit  and  pay  to  his  majesty, 
for  the  use  of  the  county  where  such  offence  shall  arise,  the  sum  of 
fifty  pounds  ;  to  be  recovered  by  the  treasurer  of  the  said  county  in 
any  court  of  record  proper  to  try  the  same. 

And  be  it  further  enacted, 

[Sect.  2.]  That  in  case  any  master  or  mistress  of  any  family  shall 
refuse  to  give  a  proper  and  true  list  when  required  by  one  or  more  of 
the  selectmen  of  an}'  town  or  district,  he  or  she  shall  forfeit  the  sum 
of  forty  shillings  ;  to  be  recovered  by  the  treasurer  of  such  town,  for 
the  use  of  the  poor  thereof,  before  any  of  his  majesty's  justices  of  the 
peace  in  such  county.     \_Passed  3farch  5,  1765. 


Which  order 
not  having  been 
fully  complied 
with, — 


is  enforced  by 
this  act. 


Penalty  on  the 
selectmen's  neg- 
lect. 


Penalty  on 
heads  of  fami- 
lies' refusal  to 
give  them  an 
account. 


CHAPTER    2  9. 


AN  ACT  FOR  GRANTING  UNTO  HIS  MAJESTY  AN  EXCISE  UPON  SPIRITS 
DISTILLED,  AND  WINE,  AND  UPON  LIMES,  LEMMONS  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  of  lessening  the  present  debt  of  the  province,  haA^e 
chearfully  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  and  collected,  and  paid  in  manner  and  form  following : — 

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

[Sect.  1.]     That  from  and  after  the  twenty-fifth  day  of  March,  one  Time  of  this 
thousand  seven  hundred  and  sixty-five,  and  until  the  twenty-sixth  day  ^d.'^""*""' 
of  March,   one  thousand  seven   hundred  and  sixty-six,  every  person 
already  licensed,  or  that  shall  be  hereafter  licensed,  to  retail  rum  or 
other  spirits  distilled,  or  wine,  shall  pay  the  duties  following : — 

For  every  gallon  of  rum  and  spirits  distilled,  eightpence. 

For  every  gallon  of  wine  of  every  sort,  eightpence. 

For  every  hundred  of  lemmons  or  oranges  used  and  consumed  in 
making  punch,  or  otherwise  for  sale  by  taverners  and  innholders  only, 
eight  shillings. 

For  every  hundred  of  limes  used  and  consumed  in  making  punch,  or 
otherwise  for  sale  by  taverners  and  innholders  only,  three  shillings. 
— And  so  proportionably  for  any  quantity  or  number. 

And  be  it  further  enacted, 

[Sect.  2.]     That  every  retailer  of  rum,  wine  or  spirits  distilled,  Accounts  to  ba 


754 


Peovince  Laws. — 1764-65. 


[Chap.  29.] 


taverner  and  inuholder,  shall,  on  the  twenty-sixth  day  of  March,  one 
thousand  seven  hundred  and  sixt^^-five,  take  a  just  and  true  account, 
in  writing,  of  all  wine,  rum  and  spirits  distilled,  then  by  him  or  her,  or 
in  his  or  her  possession  ;  and  that  every  person  who  shall  be  hereafter 
licenced  to  be  a  taverner,  innholder  and  retailer  of  wine,  rum  or  spirits 
distilled,  shall  take  a  like  account  of  all  wine,  rum  and  other  spirits 
distilled  by  him  or  her,  or  in  his  or  her  possession  at  the  time  of  such 
licence  granted  ;  and  every  taverner,  innholder  and  retailer  of  rum 
or  other  spirits  distilled,  or  wine,  shall  make  a  fair  entr}',  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,  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  the  said  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  collect  the  duties  aforesaid 
the  whole  of  those  several  accounts,  and  shall  also  make  oath,  in  the 
form  following,  before  such  collector  or  collectors,  who  are  hereby 
impowered  to  administer  the  same  : — 


Form  of  the 
oath. 


Penalty  for  col- 
lector's receiv- 
ing accounts 
•without  oath. 


Duties  to  the 
collector. 


Ten  per  cent 
allowed  for 
leakage. 


Taverners,  &c., 
to  give  boud. 


You,  A.  B.,  do  swear  that  the  account  by  you  now  rendered  is,  to  the  best 
of  your  knowled.sfe,  a  just  and  true  account  of  all  wines,  rum  and  distilled 
spirits  you  had  by  you,  or  in  your  possession,  on  the  twenty-sixth  day  of 
March,  one  thousand  seven  himdred  and  sixty-five,  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  there  has  not  been  by  you,  or  by  any  other  i:)erson  or  persons  for  or 
under  you,  by  your  order,  allowance,  consent  or  connivance,  either  directly  or 
indirectly,  sold,  used  or  consumed  any  wine,  or  any  liquor  foi",  or  as,  wine ; 
any  rum  or  distilled  spirits,  or  liquor  for,  or  as,  rum  or  distilled  spirits ;  or,  if 
a  tavernoror  innholder,  that  there  has  not  been  any  limes,  letnmons  or  oranges 
by  you,  or  by  any  person  or  persons  for  or  under  you,  or  by  your  order,  con- 
sent, allowance  or  connivance,  used  in  making  punch,  or  otherwise  for  sale, 
since  the  said  twenty-fifth  day  of  March,  one  thousand  seven  hundred  and 
sixty-five,  besides  wliat  is  contained  in  the  account  by  you  now  rendered.  So 
help  you  God. 

— and  every  collector  of  the  excise  who  shall  receive  any  account  from 
any  person,  in  consequence  of  this  act,  without  their  making  oath  to  the 
same,  as  aforesaid,  shall  forfeit  and  pay  for  the  use  of  the  government 
the  sum  of  twenty  pounds. 

[Sect.  3.]  And  for  ever}-  person  that  was  not  licenced  on  the  same 
twentj'-sixth  day  of  March,  the  form  of  the  oath  shall  be  so  varied  as 
that  instead  of  expressing  the  da}'  aforesaid,  the  time  of  taking  their 
licence  shall  be  inserted  and  used. 

[Sect.  4.]  And  every  such  taverner,  innholder  and  retailer  shall  pay 
the  duties  aforesaid  to  him  or  them  that  shall  collect  the  same,  on  the 
whole  of  the  several  articles  mentioned  in  such  account  rendered,  saving 
onljj  for  such  part  thereof  as  remains  in  their  hands  unsold :  2^^oviclecl, 
oievertheless,  that  for  ordinar}-  leakage,  &c.,  ten  per  cent  shall  be 
allowed  them  on  all  liquors  in  such  account  mentioned,  besides  what 
remains  in  their  hands  unsold,  and  what  they  shall  on  oath  depose  they 
have  lost  by  extraordinary  leakage,  or  other  casualties. 

And  be  it  further  enacted, 

[Sect.  5.]  That  every  person  liereafter  licensed  to  be  a  taverner, 
innholder  or  retailer  of  an}'  wine,  rum  or  spirits  distilled  shall,  within 
thirty  days  after  such  licence  granted,  and  before  he  or  she  shall  sell 
by  virtue  of  the  same,  not  only  become  bound  to  keep  good  rule  and 


[3d  Sess.] 


Pkovince  Laws. — 1764-65. 


755 


I 


order,  as  b}'  law  is  already  required,  but  shall  also  become  bound,  with 
sufficient  sureties,  by  way  of  recognizance,  to  his  majest}',  for  the  use 
of  this  government,  in  a  sufficient  sum,  to  be  ordered  by  the  court  that 
grants  the  licence,  which  sum  shall  not  exceed  three  hundred  pounds 
nor  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. 

Provided,  nevertheless, — 

And  it  is  hereby  enacted  and  declared, 

[Sect.  6.]  That  all  recognizances  taken  in  consequence  of  this  act, 
and,  on  forfeiture,  put  in  suit  in  any  court  of  record  within  this  prov- 
ince, may,  by  such  court,  be  chancered  down  to  the  just  debt  and 
damage  (where  that  can  be  known),  as  other  bonds  raa^'  be  by  the 
laws  of  this  province,  already  enacted. 

And  he  it  farther  enacted, 

[Sect.  7.]  That  no  such  taverner,  innholder  or  retailer  shall  be 
licenced  by  the  justices  of  the  general  sessions  of  the  peace,  who  have 
not  accounted  with  the  collector,  and  paid  him  the  excise,  aforesaid, 
due  from  such  person  at  the  time  of  his  or  her  taking  or  renewing  his 
licence. 

And  ivhereas,  notwithstanding  the  laws  made  against  selling  strong 
drink  without  licence,  man}-  persons,  not  regarding  the  penalties  of  said 
act,  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  government  thereb}^  defrauded, — 

Be  it  therefore  enacted, 

[Sect.  8.]  That  if  any  distiller,  importer,  or  any  other  person 
whatever,  after  the  said  twenty-fifth  da}'  of  March,  shall  presume, 
directlj'or  indirectl}-,  to  sell  an}' rum  or  other  distilled  spirits,  or  wine, 
in  less  quantity  than  fifteen  gallons,  or  any  beer,  ale,  cyder,  perry  or 
other  strong  drink,  in  any  quantity  less  than  three  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 
forfeit  and  pay  for  each  offence  the  sum  of  two  pounds  and  costs  of 
prosecution,  two  thirds  for  the  use  of  the  government,  and  the  other 
third  for  the  prosecutor. 

And  whereas  divers  other  persons  than  those  licenced  to  sell  rum 
and  other  distilled  spirits  by  retail,  have  heretofore  supplied  persons 
employed  b}''  them  in  the  fishery,  building  vessels,  and  in  other  business, 
without  paying  an}'  excise  therefor,  and  thereby  have  defrauded  the 
government  of  tlie  duties  of  excise,  and  have  not  been  subject  to 
the  penalty  provided  by  law  against  selling  drink  without  licence,  and 
the  same  practice  will  probably  be  continue<:l  unless  effectual  care  be 
taken  to  prevent  the  same, — 

Be  it  therefore  enacted, 

[Sect.  9.]  That  all  persons  not  licensed  as  aforesaid,  who  shall 
hereafter  by  themselves,  or  by  any  other  person  or  persons  under  them, 
or  by  their  orders,  allowance  or  connivance,  supply  any  person  or  per- 
sons employed  by  them  in  the  fishery,  building  of  vessels,  or  any  other 
business  or  employ,  with  rum  or  any  other  distilled  spirits,  or  wine, 
shall  be  deemed  and  taken  to  be  sellers  of  such  liquors,  and  be  sub- 
ject to  the  aforesaid  pains  and  penalties  provided  against  persons 
selling  any  of  the  liquors  aforesaid  without  licence,  and  shall  be  re- 
covered in  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  tliat  had  licen-.e  or  permit  to  sell 
the  same. 


Recognizances 
put  in  suit  may 
bo  chancered  as 
other  bonds. 


Licenses  not  to 
bo  renewed  if 
former  excise  is 
not  paid. 


Preamble. 


Forfeiture  for 
Belling  -wilhout 
license. 


Preamble. 


Persons  not 
licensed,  sup- 
plying those 
employed  by 
them  in  the 
lishery,  &c., 
wilh  spirituous 
liquors,  to  bo 
deemed  sellers. 


756 


Peovince  Laws. — 1764-65. 


[Chap.  29.] 


Vessels  em- 
ployed in  the 
cod-  and  whale- 
fishery  allowed 
20  gallons  free 
of  excise. 


One  witness 
BuQicient  for 
conviction. 


Penalty  on  per- 
sons refusing  to 
give  evidence. 


And  be  it  further  enacted, 

[Sect.  lO.j  For  the  encouragement  of  the  cod- and  whale-fishery, 
that  all  rum  and  other  spirits,  consumed  by  such  persons  as  are  em- 
ployed in  said  business  out  of  this  province,  be  exempted'  from  paying 
excise,  and  that  there  be  allowed  for  the  consumption  of  each  vessel's 
crew,  usually  fishing  upon  George's  Banks  and  to  the  eastward  and 
southward  thereof,  the  quantity  of  twenty  gallons  for  each  trip  or  fare  ; 
and  that  everj^  master  or  owner  of  such  vessel  or  vessels  that  shall,  after 
the  twenty-sixth  day  of  March  next,  supply  any  such  vessel  with  any 
rum  or  spirits,  on  a  fishing  voyage,  and  produce  an  account  thereof  to 
the  collector,  under  oath,  not  exceeding  the  aforesaid  quantity  of 
twenty  gallons  for  one  trip  or  fare,  shall  be  allowed  the  same  drawback 
as  is  provided  in  this  act  on  rum  and  other  spirits  exported  out  of 
this  province. 

And  be  it  further  enacted, 

[Sect.  11.]  That  when  any  person  shall  be  charged  with  selling 
strong  drink  without  licence,  one  witness  produced  to  the  satisfsiction 
of  the  court  or  justice  before  whom  the  trial  is,  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  suspected  of  selling  strong  drink 
without  licence,  anj^  justice  of  the  peace  in  the  same  county  shall  have 
full  power  to  convene  such  persons  before  him,  to  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  examining  such  witnesses,  and  hearing  the  defence  of  such  sus- 
pected person,  it  shall  appear  to  the  justice  there  is  sufficient  proof  of 
the  violation  of  this  act  by  selUng  strong  drink  without  licence,  judg- 
ment may  thereupon  be  made  up  against  such  person,  and  he  shall 
forfeit  in  like  manner  as  if  process  had  been  commenced  by  action  or 
information  before  the  said  justice  ;  or  otherwise  the  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  suc«li  person  siiall 
dwell. 

And  be  it  further  enacted, 

[Sect.  12.]  That  if  any  person  or  persons  shall  be  summoned  to 
appear  before  a  justice  of  the  peace,  or  the  grand  juiy,  to  give  evidence 
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  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  oflTending  shall  forfeit  the  sum  of  fort}^  shillings 
and  costs  of  prosecution  ;  the  one  half  of  the  penalty  aforesaid  to  be  to 
his  majesty  for  the  use  of  the  province,  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  sit- 
ting 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,  quo- 
rum unus,  and  sealed  up  and  delivered  into  court,  the  adverse  part}' 
having  first  had  notice,  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  wit- 
ness or  witnesses  had  been  present  at  the  time  of  trial,  and  given  his, 
her  or  their  deposition  viva  voce;  and  ever}'  person  or  persons  who  shall 
be  summoned  to  give  evidence  before  two  justices  of  the  peace,  in  man- 
ner as  aforesaid,  and  shall  neglect  or  refuse  to  appear,  or  to  give  evi- 


[3d  Sess.] 


PEOvmcE  Laws. — 1764-65. 


757 


How  fines, 
&c.,  are  to  be 
recovered. 


Collectors  to 
attend  in  each 
town  or  district. 


dence  relating  to  the  facts  lie  or  she  all  *  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  jiny  or  court  aforesaid. 

And  be  it  further  enacted, 

[Sect.  13.]  That  all  fines,  penalties  and  forfeitures  arising  by  this 
act  shall  and  may  be  recovered  b}^  action  or  infonnation  before  any 
court  of  record  proper  to  try  the  same  ;  and,  where  the  sum  forfeited 
does  not  exceed  forty  shillings,  by  action  or  information  before  an}'  one 
of  his  majestv'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  the  said  justice  shall  make  a  fair 
entry  or  record  of  all  such  proceedings  :  saving,  ahvays,  to  any  person  or 
persons  who  shall  think  him-  or  themselves  aggrieved  by  the  determina- 
tion of  the  said  justice,  liberty  of  appeal  therefrom  to  the  next  court  of 
general  sessions  of  the  peace  to  be  holden  for  and  within  said  county, 
at  which  court  such  offence  shall  be  finally'  determined  :  provided,  that 
in  the  same  appeal  the  same  rules  be  observed  as  are  already  required 
bylaw,  in  appeals,  from  justices,  to  the  court  of  general  sessions  of  the 
peace,  saving,  only,  that  the  recognizance  for  prosecuting  the  appeal 
shall  be  four  pounds. 

[Sect.  14.]  And  that  the  respective  collectors  shall  attend  at  some 
convenient  place  in  each  town  or  district  in  this  province,  in  order  to 
receive  and  settle  all  accounts  relating  to  said  excise,  in  the  several 
towns  of  the  county  where  he  is  collector,  first  giving  seasonable  and 
public  notice  of  the  time  and  place  or  places  where  said  business  shall 
be  transacted  ;  and  no  collector  shall  demand  or  take  any  fee  for  such 
attendance,  settlement  or  travel,  upon  the  penalty  of  ten  pounds,  to  be 
recovered  bj'  action  or  information,  or  in  any  court  of  record  :  one  half 
to  the  informer,  and  the  other  half  for  the  use  of  the  province. 

And  tvhereas  there  have  been  collectors  in  each  county  already  ap- 
pointed by  the  general  court  to  take  charge  of  this  duty  of  excise, — 

[Sect.  15.]  Such  collectors  shall  be  upon  oath  to  take  care  of  the 
execution  of  this  law,  and  to  prosecute  the  breakers  of  it. 

[Sect.  16.]  And  every  collector  of  excise  in  any  county  may  sub- 
stitute and  appoint  one  or  more  deputj'  or  deputies  under  him,  upon 
oath,  to  collect  and  receive  the  excise  aforesaid  which  shall  become 
due  in  said  county,  and  paj'  in  the  same  to  such  collector,  which  deputy 
and  deputies  shall  have,  use  and  exercise  all  such  powers  and  authori- 
ties as  in  and  by  this  act  are  given  or  committed  to  the  collector  for 
the  better  collecting  the  duties  aforesaid,  or  prosecuting  offenders 
against  this  act ;  for  the  doings  of  which  deputies  the  collectors  re- 
spectively shall  be  accountable. 

[Sect.  17.]  And  the  said  collectors  shall  carefully  examine  the  ac- 
counts of  every  licenced  person  in  their  respective  counties,  and  demand, 
sue  for  and  receive  the  several  suras  due  from  them  by  this  act,  and 
shall  give  in  the  name  of  every  licenced  and  permitted  person,  and  an 
account,  under  their  hands,  of  the  particular  sums  tliey  receive,  and  of 
whom  received,  unto  the  treasurer,  upon  oath  ;  which  oath  the  treasurer 
is  hereby  impowered  and  directed  to  administer,  in  the  words  follow- 
ing; viz.,— 

You,  A.  B.,  do  swear  that  this  is  a  just  and  true  account  of  the  excise  upon   Form  of  the 
all  wines,  rum  and  distilled  spirits,  limes,  lemons  and  oranges,  by  you  re-   ^'^^  " 
ceived  or  by  you  secured  to  be  paid  in  the  county  of  ;  and  that  you 

have  not  wilfully  neglected  swearing  any  person  of  or  for  whom  the  same 
was  received  or  secured,  in  manner  and  form  as  by  law  is  pi'escribed.  So 
help  you  God. 

•  "  Shall  "  ? 


Collectors 
already  chosen 
are  to  see  to  tho 
execution  of 
this  act : 

—  and  may  ap- 
point deputies. 


758 


Province  Laws.— 1764-65.  [Chap.  29.] 


Collectors  to 
give  two  re- 
ceipts for  every 
Bum  received. 


Collectors'  fees. 


Bond  to  be 
given  to  the 
treasurer,  for 
treble  the  sum 
that  the  excise 
was  farmed  for. 


Penalty  for  col- 
lectors' or  depu- 
ties' offending. 


PtovIbo. 


Duties  to  be 
paid  upon  all 
liquors  im- 
ported or  manu- 
factured. 


[Sect.  18.]  And  at  the  time  of  receiving  any  money,  the  said  col- 
lector shall  give  two  receipts,  of  the  same  tenor  and  date,  mentioning 
what  sum  or  sums  the}'-  have  received  from  any  taverner,  innholder  or 
retailer ;  one  of  which  receipts  to  be,  by  the  said  taverner,  innholder 
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 
clerics  of  said  court  shaU,  within  tliirty  days  after  receipt  thereof,  trans- 
mit the  same  to  the  treasurer  or  receiver-general. 

[Sect.  19.]  And  such  collectors  shall  pay  in  to  the  publick  treasury 
of  this  province  all  such  sums  as  they  shall  receive,  within  fifteen  months 
from  the  date  of  their  commission,  on  pain  of  forfeiting  the  reward 
given  such  collectors  by  this  act ;  who  shall  be  allowed,  in  the  counties 
of  Suffolk,  Essex  and  Middlesex,  two  per  cent,  in  the  counties  of  Plym- 
outh, Bristol,  Hampshire  and  Worcester,  two  and  an-half  per  cent, 
and  in  the  other  counties,  three  per  cent,  on  all  money  by  them  col- 
lected and  paid  into  the  treasury  as  aforesaid  :  each  collector,  before  he 
enters  into  the  said  office,  to  give  bond  for  treble  the  sum  it  was  farmed 
for,  in  the  respective  counties,  in  the  year  one  thousand  seven  hundred 
and  fifty-seven,  with  sureties,  to  the  treasurer  of  this  province  for  the 
time  being,  and  his  successors  in  said  office  ;  which  bond  shall  be  exe- 
cuted before  the  next  court  of  general  sessions  of  the  peace,  in  the  re- 
spective counties  where  the  said  collectors  live,  or  before  two  of  his 
majesty's  justices  of  the  peace  in  the  respective  counties,  one  to  be  of 
the  quorum :  one  of  the  said  justices  to  return  the  certificate  to  the  clerk 
of  the  sessions  within  thirty  days,  as  aforesaid,  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  fifty  days  after  the  da}^  of  pa^'ment. 

And  he  it  further  enacted, 

[Sect.  20.]  That  in  case  any  collector  of  the  excise  as  aforesaid,  or 
his  deputj',  shall,  at  an}'  time  during  their  continuance  in  that  office, 
wittingly  and  willingly  connive  at,  or  allow  any  person  or  persons  in 
their  respective  divisions,  not  licensed  by  the  court  of  general  sessions 
of  the  peace,  their  selling  any  wines,  rum  or  other  liquors  by  this  act 
forbidden,  such  collector  or  deputj',  for  every  such  offence,  shall  forfeit 
the  sum  of  fifty  pounds  and  costs  of  prosecution ;  one  half  of  the  pen- 
alty 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  from  serving  in  said  office  :  savbig,  that 
said  collector  may  give  a  permit  to  any  person  to  sell  rum  or  other 
spirits  distilled,  or  wine,  in  quantit}'  from  fifteen  gallons  and  upwards, 
agreeable  to  this  act. 

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

[Sect.  21.]  That  if  any  taverner  or  retailer  shall  sell  to  any  other 
taverner  or  retailer  any  quantity'  whatever  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  shall  pay 
the  same ;  and  the  seller  as  aforesaid,  shall  and  hereb}'  is  required  to 
deliver  to  the  collector  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  spirit- 
uous liquors  ma}'  be  increased,  and  raised  with  more  equality, — 

Be  it  enacted, 

[Sect.  22.]  That  from  and  after  the  twenty-fifth  day  of  March,  one 
thousand  seven  hundred  and  sixty-five,  to  the  twenty-sixth  day  of 
March,  one  thousand  seven  hundred  and  sixty-six,  upon  all  rum  and 
other  distilled  spirits,  and  all  wine  imported  and  manufactured,  and  sold 


[3d  Sess,] 


PROVINCE  Laws. — 1764-65. 


759 


for  consumption  within  this  province,  there  be  laid  and  is  hereby  laid 
the  duties  of  excise  following  ;  viz., — 

For  everj'  gallon  of  rum  and  spirits  distilled,  eightpence. 

For  every  gallon  of  wine  of  ever}'  sort,  eightpence. 
— To  be  paid  to  the  collector  of  excise,  or  his  deputy,  by  every  person 
having  permit  to  sell  the  said  liquors,  in  each  county,  respectively. 

And  be  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  hereb}^  is  prohibited  from  selling  the  same,  or  any  part  thereof, 
without  having  a  permit  so  to  do  from  the  collector  of  excise,  or  his 
deputy.  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  ma}^  be  licenced  by  the  court  of  general  sessions  of  the 
peace,  as  aforesaid,  shall  be  and  hereby  are  prohibited  from  selHng 
the  same,  or  any  part  thereof,  without  having  a  permit  so  to  do  from 
the  collector  of  excise,  or  his  deputy,  on  forfeiture  of  twenty-five 
pounds  and  of  the  value  of  the  liquors  so  sold. 

Provided,  nevertheless, — 

[Sect.  24.]  That  any  person  who  shaU  have  any  of  the  liquors 
aforesaid,  in  the  hands  of  an}-  distiller,  or  other  permitted  person,  and 
shall  draw  an  order  for  delivering  the  same,  or  any  part  thereof,  not 
less  than  fifteen  gallons,  to  any  person  or  his  order,  the  person  only  who 
shall  be  the  receiver  of  the  same  liquors  shall  be  obliged  to  take  a  per- 
mit, and  be  held  to  account  and  pay  the  duties  of  excise  due  thereon. 

Provided,  nevertheless, — 

[Sect.  25.]  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  any  person  applying  for  the  same, 
until  a  collector  be  appointed  in  each  county,  respectively,  to  whom  the 
duty  of  excise  shall  be  paid  as  aforesaid,  and  until  the  collector  shall 
give  public  notice  of  his  appointment  as  aforesaid.  And  the  said  impost 
officer  and  deputy  shall  transmit,  to  the  collector  of  each  county,  an 
account  of  the  permits  by  each  of  them,  respectivel}-,  granted  to  persons 
living  in  such  county,  and  shall  give  to  the  collector,  when  required,  an 
account  of  all  the  liquors  imported  from  time  to  time,  for  the  better 
securing  the  excise. 

And  be  it  further  enacted, 

[Sect.  26.]  That  every  person  having  permit,  as  aforesaid,  shall,  at 
the  end  of  the  year  from  the  twenty-fifth  day  of  March,  one  thousand 
seven  hundred  and  sixty-five,  be  ready  to  render  to  the  collector  afore- 
said, or  his  deputy,  an  account,  on  oath,  of  all  the  liquors,  aforesaid  by 
him  or  her,  or  any  person  or  persons  in  his  or  her  behalf,  sold  ;  and  also 
of  all  the  aforesaid  liquors  by  him  or  her  imported,  distilled  or  manufac- 
tured, or  which  have  come  into  his  or  her  possession  since  the  twenty- 
fifth  day  of  March  aforesaid,  except  the  same  were  bought  of  a  licenced 
person  in  a  quantity  less  than  fifteen  gallons,  which  in  his  or  her  family 
have  been  consumed  or  expended  within  said  year ;  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  collector  or  his  deputy  the 
duty  aforesaid,  excepting  for  so  much  as  shall  have  been  sold  to  tav- 
erners,  innholders  or  retailers  having  licence  from  the  sessions  as 
aforesaid,  or  to  any  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  by  the  sessions,  or 
to  persons  having  permit,  said  account  shall  exhibit  the  names  of  such 
licenced  persons  who  purchased,  and  persons  having  permit,  and  time 
when  they  purchased   the   same ;    and   the  persons  accounting  shall 


Liquors  not  to 
be  sold  by  the 
importer,  &c., 
without  a  per- 
mit. 


Proviso. 


Proviso. 


Persons  liaving 
permit  as  afore- 
said,  to  render 
an  account  to 
the  collector  at 
the  end  of  every 
half-year : 
saving,  &c. 


760 


Province  Laws.— 1764-65.  [Chap.  29.] 


Persons  having 
permit  as  afore- 
said, to  give  an 
account  of 
liquors  by  them 
sent  out  of  the 
province. 


Persons  not 
having  permit, 
to  render  an 
account,  &c. 


Penalty  for  mas- 
ters' or  others' 
giving  certifi- 
cate without 
receiving  the 
liquors. 


Proviso. 


Persons  apply- 
ing for  a  permit; 
►o  give  bond. 


exhibit  a  certificate  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  was  purchased,  and 
the  name  of  the  town  and  county  wherein  such  licenced  permitted  person 
lives,  and  shall  lodge  the  said  certificate  with  the  said  collector,  or  his 
deputy ;  and  for  the  quantity  of  the  said  liquors  mentioned  in  such 
certificate,  the  said  collector  or  his  deputy  shall  not  demand  any  duty, 
but  shall  deUver  said  certificate  to  the  collector  of  the  county  wherein 
such  licenced  or  permitted  persons,  signing  the  same,  lives  ;  which  last- 
mentioned  collector  or  his  deputy  shall  settle  with  such  licenced  or 
permitted  person  for  the  duty  aforesaid  which  may  be  due  from  him 
or  her. 

[Sect.  27.]  And  if  any  person  ha^-ing  a  permit  or  licence,  as  afore- 
said, shall  ship  or  export  any  of  the  liquors  aforesaid  out  of  this  prov- 
ince in  a  quantity  not  less  than  twenty-five  gallons,  and  shall  produce 
to  such  collector,  or  his  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  carried  out  of  the  province  by  land,  or  in  small  boats,  then  of 
the  person  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  collector  or  his  deputy  aforesaid, 
and  at  the  same  time  shall  swear  that  such  Hquors  are  bond  fide  sent, 
or  intended  to  be  sent,  out  of  the  province,  he  or  she  shall  not  be  held 
to  pay  the  duty  thereon  aforesaid. 

[Sect.  28.]  And  if  au}^  person  not  having  permit  or  licence  shall 
purchase,  for  exportation  out  of  this  province,  any  of  said  liquors,  in  a 
quantity  not  less  than  twenty-five  gallons,  of  a  person  having  permit  or 
licence,  the  purchaser  shall,  within  ten  days  after  shipping  the  same, 
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  pur- 
chased the  same  as  aforesaid,  who  shall  pay  such  duty  to  the  collector  or 
his  deput}- ;  but  if  the  purchaser  aforesaid  shall  deliver  such  receipt 
or  bill  of  lading  as  aforesaid,  and  it  be  lodged  with  the  collector  or  his 
deputy,  then,  for  the  quantit}'  of  said  liquors  mentioned  therein,  the  col- 
lector or  his  deputy  shall  not  demand  an}'  dut}'. 

[Sect.  29.]  And  if  the  master  of  any  vessel,  or  any  other  person, 
shall  give  such  certificate,  receipt  or  bill  of  lading,  without  receiving 
the  liquors  mentioned  therein,  or  if  any  person  shall  procure  such  cer- 
tificate, receipt  or  bill  of  lading,  with  design  to  defraud  the  government, 
and  shall  be  thereof  convicted,  they  and  each  of  them  shall  forfeit  and 
pay  the  sum  of  one  hundred  pounds,  two  thirds  for  the  use  of  this  gov- 
ernment, and  the  other  third  for  the  use  of  the  prosecutor.  And  if  an}'- 
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. 

Provided,  nevertheless, — 

[Sect.  30.]  That  the  person  having  permit  as  aforesaid  shall  not 
sell  any  of  the  liquors  aforesaid  in  a  quantit}-  less  than  fifteen  gallons 
(to  be  sold  and  delivered  to  one  person  at  one  time) ,  unless  he  or  she 
has  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. 

And  he  it  further  enacted, 

[Sect.  31.]  That  every  person  applying  to  the  collector  or  his 
deputy,  or  to  the  impost  officer  or  his  deputy,  for  a  permit,  shall  give 


[3d  Sess.] 


Pkovince  Laws. — 1764-65, 


761 


Preamble. 


Persons  import- 
ing liquors, tor 
private  con- 
sumption, &c., 
to  render  ac- 
count thereof  %9 
the  collector. 


\ 


bond,  for  the  use  of  this  pro\ance,  with  or  without  sureties,  in  a  sum  not 
exceeding  two  hundred  pounds  nor  less  than  twenty  pounds,  at  the 
discretion  of  the  collector  or  impost  officer,  conditioned  for  the  payment 
of  the  excise  that  shall  become  due  according  to  the  account  to  be  ex- 
hibited by  such  person  taking  such  permit ;  and  no  person  shall  have 
such  permit  of  the  collector  or  impost  officer  until  he  has  given  such 
bond. 

A7id  whereas  the  importer  of  the  liquors  aforesaid,  or  the  person  to 
whom  they  shall  be  consigned,  may  intend  the  same  either  for  sale  or 
for  his  or  her  own  private  consumption,  in  which  case  such  importer 
or  consigned  is  not  sufficiently  held  b}-  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  a  manner  as  ma}'  be, — 

Be  it  enacted, 

[Sect.  32.]  That  every  person  that  shall  bring  or  import  into  this 
province,  either  by  land-  or  water-carriage,  an}'  of  the  liquors  aforesaid, 
either  for  sale  or  private  consumption,  shall,  within  ten  days,  pay  or 
secure  to  the  collector  the  duties  or  excise  due  thereon  ;  and  in  case  of 
failure  herein,  and  being  thereof  convicted  in  any  court  of  record  within 
the  same  count}',  shall  forfeit  and  pay  a  fine  not  exceeding  one  hundred 
pounds,  nor  less  than  twenty  pounds  ;  two  thirds  thereof  for  the  use  of 
this  government,  and  the  other  third  to  him  or  her  that  shall  inform  and 
sue  for  the  same :  provided,  nevertheless,  such  importer  or  consignee 
be  licensed  or  permitted,  then  he  shall  be  held  only  to  report  the  same 
to  the  collector  of  excise,  and  at  the  end  of  the  year  shall  make  out 
an  account  expressing  the  kind  and  full  quantity  of  the  liquors  afore- 
said, imported  or  consigned  as  aforesaid  ;  and  when  the  account  is 
rendered  to  the  collector  or  his  deputy,  it  shall  be  upon  oath  ;  and  such 
importer  or  consignee  shall  pay  to  the  said  collector  or  his  deputy,  on  the 
liquor  or  liquors  mentioned  in  said  account,  the  duty  of  excise  afore- 
said, deducting  ten  per  cent  for  ordinar}'  leakage,  besides  extraordi- 
nary ;  and  in  case  of  failure  therein,  the  offender  shall  pay  a  fine  of 
four  pounds,  and  treble  duty  or  excise  on  the  quantity  so  imported  or 
brought  in,  two  thirds  of  which  shall  be  for  the  use  of  the  province,  the 
other  third  for  him  or  them  that  shall  inform  and  sue  for  the  same. 

And  be  it  farther  enacted, 

[Sect.  33.]  That  the  collector,  or  his  deputy,  shall  be  and  hereby  is 
obliged  to  grant  a  permit,  under  his  hand,  to  every  person  applying  for 
the  same  and  offering  security,  on  the  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   Formof  th» 
and  other  distilled  spirits,  and  wine,  or  any  of  said  liquors,  within  the  county   P«'™''^- 
of  ,  untill  the  day  of  ,  one  thousand  seven 

hundred  and  ,  pursuant  to  an  act  of  this  province,  made  in 

the  fifth  year  of  his  majesty's  reign,  intituled  "An  Act  for  granting  unto  his 
majesty  an  excise  upon  spirits  distilled,  and  wine,  and  upon  limes,  lemmons 
and  oranges."     Dated  at  C,  this  day  of         ,  176  . 

A.  B.,  Collector  (or  deputij-coUector)  of  excise  for  the  county  aforesaid. 

And  for  such  permit  the  said  collector  or  deputy  shall  be  entituled  Fee  for  a 
to  receive  twopence,  and  no  more  ;  and  the  like  sum  for  an  entry  made  p®'"°"*- 
with  him,  and  the  like  sum  for  a  certificate  given  by  him. 

And  he  it  further  enacted, 

[Sect.  34.]     That  the  collector  of  excise,  either  by  himself  or  his  Collector  to 
deputy,  shall  keep  an  office  in  each  seaport  town  within  his  county,   eac7'sea°OTr '"^ 
Avherc  he  or  his  deputy  shall  give  his  attendance  on  every  Thursday,   town,  &c. 
fiom  nine  of  the  clock  in  the  morning  to  twelve  at  noon,  to  grant 
permits,  to  receive  entries,  give  certificates,  &c. 


Collectora  to 
grant  a  peimii, 
on  penalty. 


762 


PnovmcE  Laws.— 1764-65.  [Chap.  29.] 


Preamble. 


Persons  import- 
ing liquors  aa 
aforesaid, to 
give  bond. 


Deputy  col. 

lectors  liable  to 
military  duties. 


All  persona  who 
had  permits  or 
license  to  sell 
liquors,  and 
shall  not  renew 
the  same,  to 
account  for  the 
duties. 


Collector  of  the 
duties  of  excise, 
to  account  for 
all  wine,  &c., 
sold  or  con- 
sumed by  them. 


Provided^ — 

[Sect.  35.]  That  in  the  town  of  Boston  such  an  oflace  shall  be 
kept  and  attendance  given  on  every  day,  Lord's  Day  only  excepted, 
within  the  hours  aforesaid  of  each  of  said  days  respectively. 

Provided^  also, — 

[Sect.  36.]  That  the  said  collector  or  his  deputy,  on  application 
made,  shall  at  any  other  time  grant  permits,  receive  entries  and  give 
certificates  aforesaid. 

And  whereas  persons  not  belonging  to  this  province  may  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  collector,  and  by  that  means 
may  avoid  pacing  the  duty  upon  what  has  been  so  disposed  of;  for 
preventing  whereof, — 

Be  it  enacted, 

[Sect.  37.]  That  every  person  importing  the  liquors  aforesaid,  and 
applying  to  the  collector  or  his  deputy  for  a  permit  to  sell  the  same, 
shall  give  bond  to  said  collector,  in  a  sum  not  exceeding  two  hundred 
pounds  nor  less  than  twenty  pounds,  with  one  surety,  to  be  approved  of 
by  a  justice  of  the  peace,  that  he  will  render  to  the  said  collector  or 
his  deputy  an  account,  on  oath,  of  the  kind  and  fuU  quantit}'  of  the 
liquors  aforesaid  sold  bj-  him,  or  bj'  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  person  shall  refuse  to  give  such  bond, 
the  said  collector  or  his  deputy  shall  not  be  obliged  to  grant  him  a 
permit,  an3thing  in  this  act  to  the  contrary  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  shaU  give  bond  as  aforesaid, 
and  shall  leave  the  province  before  such  bond  be  discharged,  the  col- 
lector may  bring  his  action  on  such  bond  against  the  surety',  for  the 
recovery  of  the  sum  in  such  bond  mentioned,  which  shall  be,  one  third 
for  the  use  of  the  prosecutor,  the  other  two  thirds  for  the  use  of  this 
government. 

Be  it  further  enacted, 

[Sect.  38.]  That  no  person  shall  be  exempted  from  any  military 
duty  b}'  means  or  on  account  of  his  being  appointed  a  deputy  collector 
of  the  duties  or  excise  of  spirituous  liquors,  but  shall  be  liable,  to  all 
intents  and  purposes,  to  train,  be  impressed  and  perform  every  other 
military  duty,  as  if  such  person  had  not  been  appointed  a  deputy 
collector  as  aforesaid. 

Be  it  further  enacted, 

[Sect.  39.]  That  all  persons  who  took  out  permits  in  the  preceeding 
years,  and  do  not  renew  the  same,  shall,  at  the  end  of  the  year  from 
and  after  the  twenty-fifth  da}'  of  March  next,  and  until  the  twenty- 
sixth  day  of  March,  one  thousand  seven  hundred  and  sixty-six,  render 
to  the  collector  or  his  deputy  that  shall  or  may  be  appointed  in  the 
respective  counties  by  vertue  of  this  act,  an  account,  on  oath,  of  all 
liquors  remaining  in  their  hands  and  consumed  in  his,  her  or  their 
families  during  the  continuance  of  this  act,  and  pay  the  duties  herein 
imposed,  deducting  ten  per  cent  for  ordinary  leakage  besides  extraordi- 
nary leakage,  upon  penalty  of  twenty  pounds,  one  half  to  the  informer, 
the  other  half  to  and  for  the  use  of  this  province. 

Be  it  further  enacted, 

[Sect.  40.]  That  every  person  that  has  been  or  may  be  appointed 
collector  of  the  duties  aforesaid,  who  shall  import  into  this  province,  or 
shall  have,  by  consignment  or  otherwise,  or  shall  sell  or  dispose  of  any 
wine,  rum  or  spirits  distilled,  limes,  lemraons  or  oranges,  or  shall  use 


[3d  Sess.] 


Peovince  Laws. — 1764-65. 


763 


or  consume  the  same,  such  collector  shall  take,  keep  and  render  a  like 
account  thereof,  upon  oath,  to  the  province  treasurer  (wlio  is  hereby 
impowered  to  administer  the  same  in  the  form  by  this  act  prescribed) , 
and  pay  to  him  the  like  duties  thereon  as  such  person  so  appointed 
collector  would  otherwise  have  been  held  and  obliged  to  have  taken, 
kept,  rendered  and  paid  to  the  collector  of  the  duties  aforesaid  ;  and 
that  the  same  be  done  in  like  manner  and  time,  and  under  the  like 
pains  and  penalties,  as  b}-  this  act  in  such  cases  is  provided. 

Be  it  further  enacted, 

[Sect.  41.]  That  all  fines,  penalties  and  forfeitures  arising  or  ac- 
cruing b}-  any  breach  of  this  act,  and  not  otherwise  appropriated,  shall 
be  two  thirds  to  his  majest}',  for  the  use  of  this  government,  and  the 
other  third  for  the  use  of  the  prosecutor,  to  be  recovered  by  action  or 
information  in  an}-  of  his  majesty's  courts  of  record. 

And  be  it  enacted, 

[Sect.  42.]  That  the  several  collectors  by  the  general  court  chosen, 
in  the  present  session,  on  the  thirt3--first  day  of  January  last,  before 
the  passing  this  act,  be  and  hereby  are  declared  to  be  collectors  of  the 
several  duties  granted  hy  this  act,  to  all  intents  and  purposes,  as  if 
chosen  after  the  passing  the  same,  giving  bonds  as  by  this  act  required. 

And  to  the  end  that  the  most  beneficial  use  may  be  made  of  the 
monies  proposed  to  be  raised  b}'  this  act, — 

Be  it  enacted  and  declared, 

[Sect.  43.]  That  all  the  monies  thence  arising,  and  paid  into  the 
publick  treasury,  shall  be  and  hereby  are  appropriated  to  the  pa3'ment 
of  the  interest  due  on  securities  given  b}^  the  province  treasurer  for  the 
payment  of  sums  heretofore  borrowed,  and  to  no  other  use.  [^Passed 
March  7,  1765. 


How  fines,  &c.| 
arising  by  this 
act,  are  to  be 
disposed  of. 


Collectors    . 
already  chosen 
declared  to  be 
the  officers  to 
execute  this  act. 


Moneys  arising 
hereby,  appro- 
priated to  dis. 
charge  the  in- 
terest on  gov- 
ernment securi. 
ties. 


CHAPTER    30. 

AN  ACT  FOE,  ALLOWING  NECESSAEY  SUPPLIES  TO  THE  EASTEEN 
INDIANS,  AND  FOE  EEGULATING  TEADE  WITH  THEM  AND  PEE- 
VENTING  ABUSES  THEEEIN. 


"Whereas  an  act  intitled  "An  Act  for  allowing  necessary  supplies 
to  the  eastern  Indians,  and  for  regulating  trade  with  them  and  prevent- 
ing abuses  therein,"  is  near  expiring,  and  it  is  expedient  for  his 
majesty's  service  tliat  other  provision  should  be  made  instead  thereof, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Hejyresenta- 
tives, 

[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  be  annually 
chosen  by  the  court,  who  shall  proceed  according  to  the  instructions 
thej'  shall  receive  from  this  court,  or  from  the  commander-in-chief  for 
the  time  being,  bj-  and  with  the  advice  of  the  council,  on  any  emergency 
in  the  recess  of  the  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  or  other  necessaries 
shall  be  lodged  at  such  places  in  the  eastern  parts  of  this  province,  and 
elsewhere,  as  the  general  court  have  ordered,  or  may  hereafter  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 


Preamble.        ^ 
1763-64,  chap. 
32. 


Indians  to  be 
supplied  by  per- 
sons appointed 
by  the  general 
court. 


Truck-masters, 
how  to  be 
appointed. 


764 


Province  Laws.— 1764-65.  [Chap.  30.] 


To  be  under 
oath  and  give 
security. 


Their  duty 
prescribed. 


No  other  per- 
Bons  in  the 
trucli-houses 
permitted  to 
trade  with  the 
Indians. 


Penalty. 


Prices  of  goods 
6old  to  the 
Indians,  and  of 
furs  received 
from  them, 
regulated. 


Truck-masters 
to  conform  to 
such  prices. 


On  penalty  of 
£50,  &c. 


And  to  make 
oath  to  his 
accounts. 


truck-masters  for  the  management  of  the  trade  with  the  Indians  ;  and 
be  paid  for  his  service  such  sum  or  sums  as  this  court  shall  judge' 
reasonable  for  his  allowance  in  said  capacitj' ;  and  in  case  of  the  death 
oi'  removal  of  anj'  one  or  more  of  said  truck-masters  during  the  recess 
of  the  court,  another  shall  be  put  in  his  room  by  the  commander-in-chief, 
with  the  advice  of  the  council ;  and  all  truck-masters  shall  be  under  oath, 
and  give  sufficient  securit}'  to  the  province  treasurer  for  the  faithful  dis- 
charge of  their  trust,  and  shall  observe  the  instructions  which,  from 
time  to  time,  shall  be  given  them,  and  they  shall  not  trade,  either  b}' 
themseh'es  or  b}'  an}'  person  under  them,  with  the  Indians,  except  it  be  in 
the  capacity  of  a  truck-master  ;  neither  may  any  officer  or  soldier,  residing 
at  or  within  any  of  the  truck-houses,  or  any  other  person  in  the  pay  of 
this  government,  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  person  or  persons  to  sell,  truck,  barter 
or  exchange  with  anj'  Indian  or  Indians,  an}'  strong  beer,  cyder, 
wine,  rum,  brandy  or  any  other  strong  liquors,  cloathing,  or  any  other 
thing  whatsoever  the  Indians  may  want,  on  penalty  of  forty  shillings, 
or  three  months'  imprisonment  for  each  and  every  offence  above  men- 
tioned. 

A7id  be  it  further  enacted., 

[Sect.  3.]  That  the  said  truck-master  shall  sell  the  goods  to  the  In- 
dians at  the  prices  set  in  the  invoices  sent  them  from  time  to  time  by 
the  commissary,  which  shall  be  the  same  which  he  gave  for  the  goods 
in  the  town  of  Boston,  with  a  reasonable  advance  thereon,  sufficient  to 
pay  the  charge  of  transportation  and  all  other  charges  arising  thereon ; 
and  shall  allow  the  Indians,  for  their  furrs  and  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  may  supply  the  Indians  with  rum  in 
moderate  quantities,  as  they  shall,  in  prudence,  judge  convenient  and 
necessary. 

[Sect.  4.]  And  in  case  any  of  the  truck-masters  shall  presume  to 
sell  any  goods  at  higher  rates  than  they  are  set  at  by  the  government, 
or  shall  charge  the  government  more  for  any  furrs  or  other  goods  than 
they  allowed  the  Indians  therefor,  such  truck-master,  being  convicted 
thereof,  shall  forfeit  and  pay  the  sum  of  fifty  pounds,  and  shall  thence- 
forth be  altogether  disabled  to  hold  or  exercise  any  office  within  this 
government;  and  the  more  eflfectually  to  prevent  or  detect  any  such 
pernicious  practices,  each  and  every  truck-master,  when  and  so  often  as 
he  shall  settle  and  adjust  his  accounts  with  the  said  officer  appointed  by 
this  court  for  supplying  the  Indians  (which  shall  be  at  least  once  in  a 
year,  and  oftner  if  required),  shall  make  oath  before  the  said  officer, 
who  is  hereby  authorized  and  appointed  to  administer  the  same,  in 
manner  following  ;  viz.. — 


Truck-master's 
oath. 


You,  A.  B.,  do  swear  that  the  goods  committed  to  you  for  the  supply  of 
the  Indians,  have  been  sold  at  no  higher  rate  than  they  were  set  at  by  the 
government,  and  that  you  have  charged  for  the  furs  and  goods  you  have  made 
return  of,  no  more  than  you  have  paid  the  Indians  for  them ;  and  that  neither 
you,  nor  any  one  under  you,  or  by  your  connivance,  have,  on  your  private  ac- 
count, made  any  trade  or  barter  with  the  Indians  since  the  commencement  of 
this  act.     So  help  you  God. 


And  for  the  better  discovery  of  such  ill-disposed  persons,  who, 
through  greediness  of  filthy  lucre,  and  regardless  of  the  public  good, 
shall  privately  sell  or  deliver  any  sort  of  strong  drink  to  any  ludir.n  or 


[3d  Sess.] 


Peovince  Laws. — 1764-65. 


IT /-» - 


the  Indians. 


Indians,  of  which  it  is  difficult  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  Method  of  con- 
Indians,  the  accuser  and  the  accused  being  brought  face  to  face  at  the  ya'teiTseiilng 
time  of  trial,  shall  be  accounted  and  held  to  be  a  legal  conviction  of  strong^dnnk  to 
the  person  accused  of  giving,  selling,  or  delivering  strong  drink  to  such 
Indian  or  Indians,  unless  the  person  accused  shall  acquit  himself,  upon 
oath,  which  tl^ court,  in  all  such  cases,  are  hereby  impowered  to  ad- 
minister in  the  form  following  ;  viz., — 

You,  A.  B.,  do  swear  that  neither  yourself,  nor  any  other  by  your  order, 
general  or  particular  assent,  privity,  knowledge  or  allowance,  directly  or  indi- 
rectly, did  give,  sell  or  deliver  any  wine,  cyder,  rum  or  other  strong  liquors  or 
drink,  by  what  name  or  name  soever  called  or  known,  unto  the  Indian  by 
whom  or  whereof  you  are  now  accused.     So  help  you  God. 


And  he  it  further  enacted^ 

[Sect.  6.]  That  upon  the  complaint  or  information  of  any  other 
person  for  the  breach  of  this  law,  there  being  such  circumstances  as 
render  it  highl}-  probable,  in  the  judgment  of  the  justice  of  the  peace 
before  whom  the  trial  shall  be,  that  the  person  complained  of  is  guilt}' 
of  the  breach  of  the  said  act ;  then  and  in  ever}'  such  case,  unless  the 
defendant  shall  acquit  himself  upon  oath,  to  be  administred  to  him  by 
the  justice  before  wdiom  the  trial  shall  be,  the  same  shall  be  accounted 
a  legal  conviction  of  the  defendant,  for  the  breach  of  this  law,  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  defendant  shall 
acquit  himself^  upon  oath,  to  be  administred  to  him  as  aforesaid,  that 
then  he  shall  recover  against  the  complainant  double  his  cost  occasioned 
by  such  prosecution. 

And  ivhereas  many  complaints  have  been  made  by  the  Indians  re- 
specting the  English  hunters  destroying  beaver  and  other  furr,  also  the 
beaver  dams,  and  there  being  danger  of  great  mischief  ensuing  there- 
from,— 

Be  it  therefore  farther  enacted^ 

[Sect.  7.]  That  no  j^erson  or  persons,  other  than  Indians,  from 
and  after  the  twentieth  day  of  June  next,  shall  hunt  or  take  any  beaver, 
sables  or  other  furrs,  to  the  northward  or  eastward  of  Saco  truck-house, 
or  the  place  where  the  said  truck-house  stood,  except  in  the  towns  or 
plantations  where  they  dwell,  on  penalty  of  forty  shillings  for  every 
such  offence,  to  be  recovered  by  complaint  to  a  justice  of  the  peace,  in 
manner  aforesaid  ;  and  in  case  any  such  furr  be  found  in  the  possession 
of  any  person  or  persons  who  has  hunted  (contrary  to  this  act,  and  who 
cannot  give  a  satisfactory  account,  to  the  justice  of  the  peace  before 
whom  the  trial  may  be,  how  they  came  by  the  same,  it  shall  be  a  suffi- 
cient evidence  to  convict  such  person  or  persons  of  a  breach  of  this 
act ;  and  he  or  they  shall  forfeit  the  said  furr,  and  incur  the  penalty 
aforesaid. 

And  he  it  further  enacted^ 

[Sect.  8.]  That  the  fines  and  penalties  incurred  by  this  act  shall 
be  disposed  of,  one  half  to  the  informer,  and  the  other  half  to  be  paid 
to  the  truck-master  in  whose  district  the  same  may  be  tried,  for  the  re- 
lief of  Indian  widows  and  children  who  mav  most  stand  in  need  of  the 


Defendant  may 
acquit  himself 
upon  oath. 


Preamble. 


English  hun- 
ters restrained 
from  hunting 
beaver,  &c. 


Method  of  con- 
viction. 


Forfeiture. 


Penalties  ap- 
plied. 


And  he  it  farther  enacted, 

[Sect.  9.]  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 
against  wilful  perjury. 


Penalty  for 
false  swearing. 


766 


Province  Laws.— 1764-65.    [Chaps.  31,  32.] 


Proviso  for 
persons  to 
trade  with  the 
Indians,  being 
licensed. 


Limitation  of 
the  act. 


Provided,  nevertheless, — 

[Sect.  10.]  That  it  shall  and  may  be  lawful  to  and  for  the  governor 
or  commandar-in-chief  for  the  time  being,  by  and  with  the  advice  of 
his  majest}' 's  council,  to  grant  licences  unto  such  persons  as  they  shall 
find  it  necessary,  to  trade  with  the  Indians  ;  such  persons  so  licenced 
giving  bond,  with  sufficient  bondsmen,  in  a  competent  penalt}'-,  to  con- 
form to  such  regulations,  limitations  and  restrictions  as  the  governor, 
with  the  advice  of  the  council,  shall  determine. 

[Sect.  11.]  This  act  to  continue  and  be  in  force  fWone  ^-ear  from 
the  end  of  the  session  of  the  general  court,  in  May,  one  thousand  se^■en 
hundred  and  sixty-five.     \_Passed  March  7,  1765. 


CHAPTEE    31. 

AN  ACT  FOR  REVIVING  AND   CONTINUING  SUNDRY  LAWS  THAT  ARE 
EXPIRED  OR  NEAR  EXPIRING. 


Acts  revived. 


To  enable  over- 
seers of  the 
poor,  &c. 
1736-37,  oh.  4. 

For  preventing 
petitions  to  the 
general  court. 
1755-56,  ch.  39. 

Kespecting  poor 
and  disorderly 
persons. 
1755-56,  ch.  43. 
Ferries. 
1759-60,  ch.  21. 
Weymouth  fish- 

1759-60,  ch.  32. 
Regulating 
assize  of 
shingles,  &c. 
1762-63,  ch.  6. 


Continuation. 


Whereas  the  several  acts  hereinafter  mentioned,  which  are  expired 
or  near  expiring,  have  been  found  useful  and  beneficial ;  namel}',  one 
act  made  in  the  ninth  and  tenth  j'cars  of  the  reign  of  King  George  the 
Second,  intituled  "An  Act  to  enable  the  overseers  of  the  poor,  and 
selectmen,  to  take  cai'e  of  idle  and  disorderly  persons  ;"  two  acts  made 
in  the  twenty-ninth  j'ear  of  the  same  reign  ;  one,  intituled  "  An  Act  for 
preventing  petitions  to  the  general  court,  relating  to  licences  for  retail- 
ing strong  drink  and  keeping  houses  of  publick  entertainment ;"  the 
other,  intituled  "An  Act  in  addition  to  the  several  acts  and  laws  of 
this  province,  now  in  force,  respecting  poor  and  idle,  disorderly  and 
vagrant,  persons  ;"  two  acts  made  in  the  thiitj'-third  year  of  the  same 
reign,  one  intituled  "  An  Act  relating  to  ferries  ;  "  the  other,  intituled 
"  An  Act  to  enable  the  town  of  '\ye3'mouth  to  regulate  and  order  the 
taking  and  disposing  the  fish  called  shadd  and  alewives,  within  the 
limits  of  that  town ;  "  one  act  made  in  the  second  year  of  his  present 
majesty's  reign,  intituled  "An  Act  for  rendering  more  effectual  the 
laws  already  made  relating  to  shingles,  and  for  regulating  the  assize  of 
staves,  hoops  and  clapboards  :  " — 

Be  it  therefore  enacted  hy  the  Governor,  Council  and  House  of 
Jiepresentatives, 

That  such  of  the  beforementioned  acts  as  are  expired,  be  revived, 
and  such  of  the  said  acts  as  are  not  yet  expired,  be  continued,  with  all 
and  every  article,  clause,  matter  and  thing  therein  respectively  con- 
tained, and  shall  be  in  force  until  the  twenty-fifth  day  of  March,  which 
will  be  in  the  3'ear  of  our  Lord  one  thousand  seven  hundred  and  seventy. 
\Passed  March  7,  1765. 


CHAPTEE  32. 

AN  ACT  IN  ADDITION  TO  AND  IN  EXPLANATION  OF  AN  ACT,  INTITULED 
"AN  ACT  FOR  PROVIDING  AND  MAINTAINING  TWO  ARMED  VESSELS 
TO  GUARD  THE  COAST,  AND  FOR  SUPPLYING  THE  TREASURY  WITH 
SEVEN  THOUSAND  POUNDS  FOR  THAT  END." 


Preamble. 
1756-57,  chap. 
12,  §9. 


Whereas,  in  and  b}'  an  act  made  in  the  second  *  year  of  his  majesty's 
reign,    intitled    "An  Act  for  providing  and  maintaining  two  armed 

*  The  act  intended  is  evidently  the  act  referred  to  in  the  margin,  and  hearing  this 
title.  It  was  passed  in  the  thirtieth  year  of  the  reign  of  George  II.  No  such  act 
was  x")assed  in  the  reign  of  George  lit.,  previous  to  the  date  of  the  present  chapter; 


[3d  Sess.] 


Peovince  Laws. — 1764-65. 


7G7 


vessels  to  guard  the  coast,  and  for  supplying  the  treasury  with  seven 
thousand  pounds  for  that  end,"  it  is,  among  other  things,  provided, 
that  nothing  in  the  said  act  shall  be  construed  to  extend  to  any  quantity 
of  any  of  the  commodities,  in  the  said  act  mentioned,  "  which  shall  be 
sold  for  consumption  out  of  this  province,  to  any  person  not  belong- 
ing thereto  ;  and  the  person  selling  shall  produce  a  certificate  from 
the  purchaser,  under  oath,  that  he,  bo7id  Jide,  purchased  the  same  with 
intent  to  carry  it  out  of  this  government,  and  there  to  be  consumed  "  ; 
and  whei'eas  doubts  have  arisen  on  those  words,  "to  any  person  not 
belonging  thereto,"  and  some  have  apprehended  that  altho'  the  said 
commodities  shall  be  sold  for  consumption  out  of  the  pi'ovince,  3-et  if 
they  are  sold  to  an  inhabitant  of  this  province,  that  the  said  act  extends 
to  them, — 

Be  it   therefore  enacted  by  the    Governor,  Council  and  House  of 
Hejyresentatives, 

That  nothing  in  the  said  act  shall  be  consti'ued  to  extend  to  any   inhaiiitants  aeiu 
quantity  of  the  commodities  in  said  act  mentioned,  which  shall  be  sold   be'can-ied^oilt*'* 
for  consumption  out  of  this  province  :  provided,  that  the  person  selling   of  the  province, 
shall  produce  a  certificate  from  the  purchaser,  under  oath,  that  he,  bond   excise.  "' 
fide,  purchased  the  same,  with  intent  that  it  should  be  carried  out  of 
this  province,  there  to  be  consumed  ;  and  that  he  verily  believes  it  has 
been  carried  out  of  the  province,  and  that,  for  ought  he  knows,  has  been 
or  will  be  there  consumed  according.     \^Passed  March  7,  1765. 


CHAPTER    33. 


AN    ACT    FOR    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  Preamble, 
of  the  province  of  the  Massachusetts  Bay,  in  New  England,  being 
desirous  of  lessening  the  publick  debts,  have  chearfully  and  unani- 
mousl}'  given  and  granted,  and  do  give  and  grant,  to  his  most  excellent 
majest}',  for  the  service  of  this  province,  as  the}'  shall  hereafter  apply 
it,  the  several  duties  of  impost  upon  all  liquors,  wares,  goods  and  mer- 
chandize that  shall  be  imported  into  this  province,  and  tunnage  of  ship- 
ping 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-fourth  da}'  of  March, 
one  thousand  seven  hundred  and  sixty-five,  to  the  twentj'-fifth  day  of 
March,  one  thousand  seven  hundred  and  sixty-six,  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  b}^  any  of  the 
inhabitants  thereof  (except  what  is  by  this  act  hereafter  exempted) , 
the  several  duties  of  impost  following  ;  viz., — 

For  every  pipe  of  wine  of  every  sort,  five  shillings.  Rates  of  impoet. 

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

For  every  hogshead  of  sugar,  fourpence. 

For  everv  hogshead  of  molasses,  fourpence. 

For  every  hogshead  of  tobacco,  ten  shillings. 

For  every  ton  of  bar-iron,  eight  shillings  per  ton. 

although  certain  duties  imposed  by  175G-57,  chapter  12,  were  continued  by  an  act  of 
the  thii'd  year  of  that  sovereign's  reign  (17G3-t)4,  chapter  8).  Tliis  mistalie  in  the 
regal  year  appears  fn  the  original  bill  as  well  as  in  the  printed  act,  and,  presumably, 
in  the  engrossment,  also,  which  is  missing. 


768 


Pkovince  Laws. — 176-i-65. 


[Chap.  33.] 


Double  impost 
to  be  paid  for 
goods  imported 
by  the  inhabit- 
ants  of  other 
colonics,  &c. 


Proviso. 


Drawback  of 
the  whole  im- 
post to  the  ex- 
porter, in  case. 


Masters  of  ves- 
sels to  make 
report. 


To  forfeit,  in 
case  of  breaking 
bulk. 


Invoice  to  be 
produced. 


For  every  pound  of  tea  that  shall  be  imported  from  any  of  his 
majesty's  plantations  in  America,  fourpence. 
— And  so,  proportion  ably,  for  a  greater,  or  less  quantity. 

And  for  all  other  commodities,  goods  or  merchandize  not  menlioned 
or  not  excepted,  fourpence  for  every  twenty  shillings'  value,  excepting 
such  goods  as  are  imported  from  Great  Britain. 

[Sect.  2.]  And  for  any  of  the  above-mentioned  liquors,  goods, 
wares  and  merchandize  (excepting  tea,  which  shall  only  pay  fourpence) 
that  shall  be  imported  into  this  province  by  an}-  of  the  inhabitants  of 
the  other  provinces  or  colonies  on  this  continent,  or  of  the  English 
West-India  islands,  in  any  ship  or  vessel  to  them  belonging,  on  the 
jjroper  account  of  any  of  the  said  inhabitants  of  the  said  provinces, 
colonies  or  islands,  there  shall  be  paid  by  the  importers  double  tlie 
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,  ma- 
hogany, brazilleto,  black-walnut,  lignum-vitae,  red-cedar,  logwood, 
hemp,  raw  skins  and  hides,  and  also  all  prize  goods  brought  into  and 
condemned  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 
an}^  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  on  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  sucJi  ease  the  exporter,  jn'oducing  a  certificate 
from  some  officer  of  his  majest3-'s  customs,  that  the  same  has  been 
landed  in  some  of  the  provinces  or  colonies  aforesaid,  shall  be  allowed 
a  drawback  of  the  whole  duty  of  impost  b}'  him  paid,  or  secured  to  be 
paid,  as  b}'  this  act  provided. 

And  be  it  farther  enacted, 

[Sect.  4.]  That  the  master  of  every  ship  or  vessel  coming  into  this 
province  from  an}'  other  place,  shall,  within  forty-eight  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  or  loading  of  such  ship  or  vessel,  therein 
particularly  expressing  the  species,  kind  and  quantities  of  all  wines, 
liquors,  goods,  wares  and  merchandize  imported  in  any  such  ship  or 
vessel,  with  the  marks  and  numbers  thereof,  and  to  whom  the  same  arc 
consigned  ;  and  make  oath  before  the  commissioner  that  the  same  mani- 
fest 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  shall  forthwith  make  report  thereof  to  the  commissioner  aforesaid, 
and  cause  the  same  to  be  added  Lo  his  manifest. 

And  be  it  farther  enacted, 
'  [Sect.  5.]  That  if  the  master  of  any  ship  or  vessel  shall  bi-eak 
bulk,  or  suffer  any  of  the  wines,  liquors,  goods,  wares  and  merchandize 
imported  in  such  ship  or  vessel  to  be  unladen  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 
province,  for  which  any  of  the  rates  or  duties  aforesaid  are  payable,  or 


[3d  Sess.] 


Pkovince  Laws. — 1764-G5. 


769 


liaving  the  same  consigned  to  them,  shall  make  entry  thereof  with  the 
commissioner  aforesaid,  and  produce  an  invoice  of  all  such  goods  as 
pay  ad  valorem,  and  make  oath  before  him  in  the  form  following  ;  viz., — 

You,  A.  B.,  do  swear  that  the  entry  of  goods  and  merchandize,  by  you  now   Oath, 
made,  and  the  value  thereof  annexed,  is,  bond  fide,  according  to  your  best  skill 
and  judgment,  agreeable  to  the  price  cm'reut  or  the  market  price  of  said 
goods.     So  help  you  God. 


— which  oath  the  commissioner  or  receiver,  appointed  in  consequence 
of  this  act,  is  hereby  impowered  and  directed  to  administer;  ancLthe 
owners  aforesaid  shall  pay  the  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  an}' 
wharf,  or  in  any  warehouse  or  other  place,  but  in  the  day-time  only, 
and  that  after  sunrise  and  before  sunset,  unless  in  the  presence  or  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  pro- 
duce an  invoice  of  the  quantities  of  rum  or  other  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  hei'cby  is  al- 
lowed 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  limited 
as  that  he  shall  settle  and  ballance  his  accompts  with  every  person,  on 
or  before  the  twenty-fifth  day  of  March,  one  thousand  seven  hundred  and 
sixt^'-six,  that  the  said  accompts  ma}-  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  any- 
thing, and  not  more  than  sixpence  for  any  other  single  entr}-,  to  what 
value  soever. 

A)id  be  it  farther  enacted, 

[Sect.  10.]  That  the  importer  of  all  wines,  liquors,  goods,  wares 
and  merchandize,  from  and  after  the  twenty-fourth  day  of  March,  one 
thousand  seven  hundred  and  sixty-five,  and  until  the  twent3'-fifth  day 
of  March,  one  thousand  seven  hundred  and  sixt3'-six,  by  land-carriage, 
or  in  small  vessels  or  boats,  shall,  within  twenty-four  hours  after  im- 
portation, make  report  and  deliver  a  manifest  thereof  to  the  commis- 
sioner 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  b}'  whom  brought ;  and  shall  make  oath,  before  the  said  com- 
missioner 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  chargeable  upon  such  wines,  liquors,  goods,  wares  and 
merchandize,  before  the  same  are  landed,  housed  or  put  into  an}-  store 
or  place  whatsoever,  under  penalty  of  ten  pounds. 

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  ordinary 
leakage,  besides  extraordinary  :  provided  such  wines  shall  not  have 
been  tilled  up  on  board  ;  and  that  every  hogshead,  butt  or  pipe  of  wine 


Duties  to  be 
paid  before 
lauding. 


Commissioner 
allowed  to  give 
credit. 


Importer  by 
land-carriage,  or 
in  small  vwssels, 
to  make  report. 


Allowance  for 
leakage. 


770 


Pr.oviNCE  Laws. — 1764-65.  [Chap.  33  ] 


Master  allowed 
to  detain  goods 
not  entered  or 
the  duty  not 
paid. 


Master  liable  to 
be  Bued. 


Ships,  See., 
liable  to  be 
taken  in  execu- 
tion. 


that  hath  two-thirds  thereof  leaked  out,  shall  be  accounted  for  outs, 
and  the  merchant  or  importer  shall  pa}-  no  duty  for  the  same.  And 
no  master  of  an}'  ship  or  vessel  shall  suffer  an}'  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  i-eceiver 
of  impost  for  that  port,  on  pain  of  forfeiting  the  sum  of  one  hundred 
pounds. 

[Sect.  12.]  And  if  it  ma}'  be  made  to  appear  that  any  wines  im- 
ported in  any  ship  or  vessel  be  deca}'ed  at  the  time  of  unloading 
thereof,  or  in  twenty  days  afterwards,  oath  being  made  before  the  com- 
missioner 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  farther  enacted^ 

[Sect.  13.]  That  the  master  of  every  ship  or  vessel  importing  any 
liquors,  wines,  goods,  wares  or  merchandize,  shall  be  liable  to  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,  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  certificate,  from  the 
commissioner  or  receiver  of  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  v/ines,  liquors,  goods,  wares  and  merchan- 
dize as  are  not  entered,  unto  the  commissioner  or  receiver  of  impost  in 
such  port,  or  his  order,  who  i3  hereby  impowered  and  directed  to  receive 
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  merchandize  as  such  master  shall  direct. 

And  be  it  further  enacted^ 

[Sect.  14.]  That  the  commissioner  or  receiver  of  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,  aforesaid,  as  shall  remain 
not  entered  and  the  duty  of  impost  therefor  not  paid  or  secured  to  be 
paid.  And  where  any  goods,  v.arcs  or  merchandize  are  such  that  the 
value  thereof  is  not  knov/n,  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  arc  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.  15.]  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,  sliall  be  liable  to  answer  and 
make  good  the  sum  or  sums  forfeited  by  such  master,  accoixling  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  afore- 
said, or  for  which  the  duty  of  impost  hath  not  been  paid  ;  and  upon 
judgment  recoverecT 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  by  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 


[3d  Sess.] 


Province  Laws. — 1764-65. 


711 


seizure  until  judgment  be  given  in  an}'  suit  to  be  commenced  and 
pi'osecuted  for  anj-  of  the  said  forfeitures,  or  for  tlie  duty  aforesaid  ;  to 
tlie  intent,  that  if  judgment  be  rendered  for  the  prosecutor  or  informer, 
such  ship  or  vessel  and  appurtenances  may  be  exposed  to  sale,  for  satis- 
faction thereof,  as  is  before  provided  :  tinless  the  owners,  or  some  on 
their  behalf,  for  the  releasing  of  such  ship  or  vessel  from  under  seizure 
or  restraint,  shall  give  sufficient  security  to  the  commissioner  or  re- 
ceiver of  impost  that  seized  the  same,  to  respond  or  satisf}'  the  sum  or 
value  of  the  forfeitures  and  duties,  with  the  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  dam- 
age unto  the  owners,  through  his  default  or  neglect,  shall  be  liable  unto 
their  action  for  the  same. 

And  be  it  farther  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  receiver  of  impost,  that  the  duty  and  impost  for  the  goods  last  im- 
ported in  such  ship  or  vessel  are  i)aid  or  secured  to  be  paid. 

[Sect.  17.]  And  the  commissioner  or  receiver  of  impost  is  hereby 
Impowered  to  allow  biUs  of  store  to  the  master  of  any  ship  or  vessel  im- 
porting an}'  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  b}'  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,  b}-  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  or  more  suitable  person  or  persons  as  his  dei)uty  or  depu- 
ties, 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 
thei'efor  since  their  being  brought  into  or  relanded  in  this  government ; 
and  such  officer  or  officers  are  impowered  also  to  search,  in  all  sus- 
pected places,  for  such  wines,  rum  or  other  distilled  spirits,  or  for  tea, 
brought  or  relanded  in  this  government,  where  the  duty  is  not  paid  as 
aforesaid,  and  to  seize  or  secure  the  saTne  for  the  ends  and  uses  as  in 
this  act  is  hereafter  provided. 

And  be  it  farther  enacted, 

[Sect.  19.]  That  the  commissioner  or  his  deputies  shall  have  power 
to  administer  the  several  oatlis  aforesaid,  and  search  in  all  suspected 
places  for  all  such  wines,  rum,  liquors,  tea,  goods,  wares  and  merchan- 
dize 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  spirits,  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 


Naval  officer  net 
to  clear  vessels 
till  impost  be 
paid. 


Bills  of  store  to 
be  allowed. 


Preamble. 


Commissioner 
to  appoint  ofli- 
ccrs  iu  places 
where  wines, 
rum,  &c.,  may 
be  brought  out 
of  other  govern- 
ments. 


Commissioner 
or  deputy  em- 
powered to 
administer  the 
oaths,  &c. 


The  commis- 
sioneror  deputy, 
upon  informa- 
tion of  any 
liquors  being 
brought  into 


772 


Province  Laws. — 1764-65. 


[Chap.  33.] 


this  province, 
and  the  duty  not 
paid,  to  apply  to 
a  justice  for  a 
warrant  to 
eearch,  &c. 


Tonnage  of 
chipping. 


"Vessels  to  be 
measured,  If 
suspected. 


Drawback  for 
wine,  rum,  and 
tea,  allowed,  iu 
case. 


Into  or  relanded  in  this  government,  he  may  apply  to  an}'  justice  of - 
the  peace  within  the  count}",  for  a  warrant  to  searcli  sucli  place  ;  and 
said  justice  shall  grant  such  warrant,  directed  to  some  proper  officer, 
iijion  said  commissioner  or  his  deputy's  making  oath  that  he  has  had 
information  as  aforesaid  ;  and  ha\ing  such  warrant,  and  being  attended 
by  such  officer,  the  said  commissioner  or  his  deputy  may,  in  the  day- 
time, between  sunrise  and  sun-setting,  demand  admittance,  of  the  person 
owning  or  occupying  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 
bis  deputy,  shall  be  and  hereby  is  impowercd  to  command  assistance, 
and  impress  carriages  necessary  to  secure  the  liquors  or  tea  seized  as 
aforesaid  ;  and  any  person  refusing  assistance,  or  preventing  any  of  the 
officers  aforesaid  from  executing  their  office,  shall  forfeit  five  pounds  to 
the  said  commissioner ;  and  he  or  his  deputy  shall  make  reasonable 
satisfaction  for  the  assistance  aforesaid  and  carriages  made  use  of,  to 
secure-  the  liquors  or  tea  seized  as  aforesaid  ;  and  the  commissioner  or 
his  deputy  shall  then  file  an  information  of  such  seizure  in  the  inferiour 
court  of  common  pleas  for  the  county  where  such  seizure  shall  be 
made,  which  court  shall  summon  the  owner  of  such  liquors  or  tea,  or 
the  occupier  of  such  shop,  house  or  warehouse,  or  distill-house,  were* 
the  same  were  seized,  to  appear  and  shew  cause,  if  any  he  has,  why 
such  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  public  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  further  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  traffick,  whereof  all  the  owners  are  not  belonging  to  this  province 
(excepting  such  vessels  as  belong  to  Great  Britain,  the  provinces  or 
colonies  of  Pennsylvania,  West  and  East  Jersey,  Connecticut,  New 
York,  New  Hampshire,  Rhode  Island  and  Nova  Scotia) ,  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  governments 
aforesaid,  which  are  hereby  exempted  ;  to  be  paid  unto  the  commis- 
sioner or  receiver  of  the  duties  of  impost,  and  to  be  employed  for  the 
uses  and  ends  aforesaid. 

[Sect.  22.]  And  the  said  commissioner  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  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  owner  or  master  of  such  ship  or  vessel,  before  she  shall 
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 
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  payable 
according  to  tliis  act. 

And  be  it  further  enacted, 

[Sect.  23.]  That  when  and  so  often  as  any  wine,  rum  or  tea  im- 
ported into  this  province,  the  aforesaid  duty  of  impost  upon  which 

*  Sic:  "  where." 


[3d  Sess.] 


Province  Laws. — 1764-65. 


773 


shall  have  been  paid  agreeable  to  this  act,  shall  be  reshipped  and 
exported  from  this  government  to  an}'  other  part  of  the  world,  that 
then  and  in  everj'  such  case,  tlie  exporter  of  such  wines  or  rum  or  tea 
shall  make  oath,  at  the  time  of  the  ship[)ing,  before  the  receiver  of 
impost,  or  his  deputy,  that  the  whole  of  tlie  wine  or  rum  or  tea  so 
shipped  has,  bond  Jide^  had  the  duty  of  impost  aforesaid  paid  on  the 
same,  and  shall  afterwards  produce  a  certiticate,  from  some  officer  of 
the  customs,  that  the  same  has  been  landed  out  of  this  government, 
or  the  master  of  the  vessel  in  which  the  same  shall  be  exported 
shall  make  oath,  before  the  commissioner  or  his  deputy,  that  the  same 
has  been  landed  and  left  in  some  port  out  of  the  government,  and 
the  exporter,  npon  producing  such  certificate,  or  upon  such  oath  of 
the  master,  make  oath  that  he  verily  believes  no  i>art  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  follows  ;  viz., — 

For  every  pipe  of  wine,  four  shillings. 

For  every  hogshead  of  rum,  seven  shillings  and  sixpence. 

And  for  every  pound  of  tea,  fourpence. 

Provided^  always, — 

[Sect.  24.]  That  if,  after  the  shipping  of  such  wines  or  rum  or  ProviBo. 
tea,  to  be  exported  as  aforesaid,  and  giving  securit}'  as  aforesaid,  in 
order  to  obtain  the  drawback  aforesaid,  the  wines  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  colony, 
that  then  all  such  wine,  rum  and  tea  so  relanded  and  brought  again 
into  this  province,  shall  be  forfeited,  and  maj-  be  seizpd  by  the  commis- 
sioner aforesaid,  or  his  deputy. 

And  be  it  further  enacted, 

[Sect.  25.]  That  there  be  one  fit  person,  and  no  more,  nominated  ^^Pj'^*™f"th 
and  appointed  by  this  court  as  a  commissioner  and  receiver  of  the  commissioner, 
aforesaid  duties  of  impost  and  tunnage  of  shipping,  and  for  the  in- 
spection, care  and  management  of  the  said  office,  and  whatever  relates 
thereunto,  to  receive  commission  from  the  governor  or  commander-in- 
chief  for  the  time  being,  with  authority  to  substitute  and  appoint  a  dep- 
uty-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  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  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  said 
vessel  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  prov- 
ince (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. 

[Sect.  26.]  And  the  said  commissioner  or  receiver,  and  his  deputy 
or  deputies,  before  their  entering  upon  the  execution  of  their  said  office, 
shall  be  sworn  to  deal  truly  and  faithfuU}-  therein,  and  shall  attend  in 
said  ofiice  from  ten  of  the  clock  in  the  forenoon,  until  one  in  the  after- 
noon. 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  commissioner 
of  impost,  together  with  the  province  treasurer,  shall  judge  necessary 
for  whatever  sums  they  shall  receive  and  pay ;   and  the  treasurer  is 


774 


Province  Laws. — 1764-65. 


[Chap.  34.] 


Charges  of 
prosecution,  _ 
how  to  be  paid, 
in  case. 


Disposition  of 
forfeitures. 


hereby  ordered,  in  passing  and  receiving  the  said  commissioner's  ac- 
counts, accordingly,  to  allow  the  pa3ment  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  or 
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  or  infor- 
mation, 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^ 

[Sect.  28.]  That  from  and  after  the  commencement  of  this  act,  in 
all  causes  wherein  any  claimant  shall  appear,  and  shall  not  make  good 
the  claim,  the  charges  of  prosecution  shall  be  borne  and  paid  by  the 
said  claimer,  and  not  by  the  informer.     \_Passed  March  8,  1765. 


CHAPTER  34. 

AN    ACT    FOR    PREVENTING     THE    UNNECESSARY    DESTRUCTION    OF 
ALEWIVES,   AND    OTHER    FISH,   WITHIN    THIS    PROVINCE. 


Preamble. 
1709-10,  ch.  7. 
1727,  ch.  10. 
1734-35,  ch.  8. 
1737-38,  ch.  4. 
1739-40,  ch.  15. 
1741-42,  chaps. 
16  and  20. 
1743-44,  cb.  26. 
1745-46,  ch.  20. 
1754-55,  ch.  31. 
1757-58,  ch.  37. 
1759-60,  ch.  32. 
1761-62,  ch.  11, 
1763-64,  ch.  27. 
1764-65,  chaps. 
10  and  24. 
No  person  to 
draw  seines, 
&c.,  or  set  up 
wears  in  .any 
rivers  but  in 
Connecticut  and 
Merrimack 
Rivers. 
Penalty. 

Or  in  any 
ponds. 


Preamble,  recit- 
ing a  defect  in  a 
former  act. 
1741^2,  chap. 
16,  §  5. 


"Whereas  the  laws  alread}'  provided  against  the  destruction  of  fish 
called  alewives,  and  other  fish,  do  not,  in  divers  circumstances,  reach 
the  case  of  divers  rivers  and  ponds  where  said  fish  usually'  go  to  cast 
their  spawn,  so  that  great  waste  is  made  of  them  b}'  ill-minded  persons, 
to  the  great  damage  of  the  publick, — 

Be  it  enacted  by  the  Governor.,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  from  and  after  the  fifteenth  day  of  March  next,  no 
person  or  persons  whosoever,  shall,  on  an^'  pretence,  presume  to  stretch, 
set  or  draw  any  siene  or  drag-net,  or  set  up  au}^  weares  or  other  fishing 
engines,  in  any  part  of  the  rivers,  or  ponds  adjacent  thereto,  within  this 
province  (Merrimack  and  Connecticut  Rivers  onl}' excepted),  where  the 
fish  usually  spawn,  or  use  an}'  other  instrument  for  the  catching  of  ale- 
wives  but  b}-  dip-nets  or  scoop-nets,  on  penalty  of  a  fine  of  five  pounds 
for  each  offence,  to  be  paid  by  ever}'  person  concerned  in  taking  ale- 
Vi'wQS  or  other  fish  in  either  of  the  ways  forbidden  by  this  act. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  no  person  or  persons  whosoever,  shall,  on  any  pre- 
tence, presume  to  stretch,  set  or  draw  any  seine  or  drag-net,  for  the 
catching  of  fish  of  any  sort  in  any  of  the  fresh  ponds  in  this  province, 
on  penalty  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 
waj's  forbidden  by  this  act ;  and  the  seine  or  net  may  be  seized  by  any 
person  or  persons,  and  shall  be  forfeited. 

And  whereas,  by  an  act  or  law  of  this  province,  made  in  the  fifteenth 
year  of  his  late  majestj-'s  reign,  intitled  "An  Act  in  addition  to  an  act 
made  to  prevent  the  destruction  of  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  choose  one  or  more  persons  whose 
business  it  shall  be  to  see  that  the  passage-ways  are  open,  pursuant  to 
said  act,  and  that  said  fish  may  not  be  obstructed  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  particular  times  and 
days  for  taking  the  same;"  but  no  provision  is  made  in  said  act  to 


[3d  Sess.] 


Province  Laws. — 1764-65. 


775 


oblige  the  persons  so  chosen  to  serve  in  said  business,  or  to  do  their 
duty  therein,  neither  is  there  an}-  limitation  as  to  the  quantities  of  said 
fish  that  shall  be  taken,  in  each  town,  for  pickelling  and  barrelling  for 
a  market,  b}-  reason  whereof  many  mischiefs  arise, — 

Be  it  therefore  enacted, 

[Sect.  3.]  That  when  any  person  or  persons  shall  be  chosen  in  any 
town,  at  their  annual  meeting  in  March,  to  see  that  passage-ways  are 
open,  agreeable  to  the  aforecited  paragraph  of  said  act,  that  every  such 
person  shall  be  under  oath  to  the  faithful  performance  of  said  trust ; 
and  any  person,  chose  as  aforesaid,  shall,  on  his  refusal,  be  subject  to 
the  penaty  of  three  pounds,  and  to  be  proceeded  with  in  order  to  the 
recover}'  thereof  in  the  same  way  and  manner  as  persons  are  by  law 
who  refuse  to  serve  as  constables. 

And  be  it  further  enacted, 

[Sect.  4.]  That  where  any  town,  district  or  propriety  that  hath 
any  river  or  stream  that  lets  the  alewives  into  their  natural  ponds  to 
cast  their  spawns,  have  a  desire  to  catch  any  of  said  fish  to  pickle  and 
barrel  up  for  a  market,  that,  in  every  such  case,  where  said  river  or 
stream  runs  through  or  into  more  towns,  districts  or  proprieties  than 
one,  except  where  the  right  of  taking  fish  is  otherwise  vested,  the  select- 
men of  the  said  several  towns,  districts,  and  a  committee  of  the  propri- 
etors that  are  or  may  be  affected  thereby,  shall,  some  time  in  the  month 
of  March  annually,  during  the  continuance  of  this  act,  meet  together 
at  such  time  and  place  as  the  selectmen  of  the  oldest  town  shall  agi-ee 
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  number 
of  the  voters  ;  and  when  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  aforesaid,  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  year  to  3'ear,  during  the 
continuance  of  this  act,  to  determine  what  number  of  barrels  shall  be 
caught  for  a  market  as  aforesaid,  and  shall  have  the  same  power  of 
letting  out  and  improving  the  said  rivers  or  streams  in  the  same  man- 
ner, as  before  mentioned,  where  the  town,  district  or  propriety  join  as 
aforesaid. 

Be  it  further  enacted, 

[Sect.  5.]  That  if  any  person  or  persons  shall  presume  to  catch 
an}'  alewives  for  marketing,  coutrar}-  to  the  allowance  or  order  of  the 
selectmen,  and  said  propriety's  committee,  where  proprieties  are  con- 
cerned, or  the  selectmen,  where  no  propriety  is  concerned,  or  propriety', 
where  they  are  only  concerned,  they  shall,  every  of  them,  be  subjected 
to  the  penalt}'  of  five  pounds  for  each  offence. 

And  xohereas  some  disputes  have  arisen,  or  may  arise,  whether  tide- 
mills  that  have  or  shall  be  set  up  on  or  across  the  mouth  of  the  rivers 
where  the  fish  aforesaid  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  accordingl}-, — 

Be  it  enacted, 

[Sect.  6.]  That  all  tide-mills  that  have  been  erected  across  any 
such  rivers  or  streams  since  the  making  of  the  aforesaid  act,  or  that 
shall  hereafter  be  so  erected,  shall  be  undei-stood  to  be  comprehended 


Persons  chosen 
to  see  the  act 
executed,  to  be 
under  oath. 


Selectmen  to 
determine  the 
quantity  offish 
to  be  taken. 


To  let  ont  the 
privilege. 


Penalty  on 
taking  the  fish 
otherwise. 


Preamble. 


Tide-mills 
comprehended. 


776 


Province  Laws. — 1764-65. 


[Chap.  34.] 


Penalties  dis- 
posed of. 


Method  of  con- 
viction. 


172&-27,  chap.  3. 


Proviso  respect- 
ing menhaden. 


Proviso  respect- 
ing Merrimack 
and  Mystic 
Rivers. 


Proviso  respect- 
ing Charles 
River,  Neponset 
River,  Saugua 
and  Taunton 
Rivers. 


Continuation. 


in  said  act,  and  the  owners  and  occupants,  and  all  others  concerned, 
shall  conform  thereto  accordingl}^,  and  be  subject  to  the  same  penalties, 
for  their  neglect,  as  if  tide-mills  had  particularly  been  named  in  said 
act. 

[Sect.  7.]  And  all  the  aforesaid  fines,  penalties  and  forfeitures 
ai'ising  for  any  breach  of  this  act  shall  be  disposed  of,  the  one  half  to 
his  majest}'  for  the  use  of  this  government,  the  other  half  to  him  or 
them  that  shall  inform  and  sue  for  the  same. 

And  be  it  further  enacted, 

[Sect.  8.]  That  the  manner,  rules  and  methods  of  convicting  of- 
fenders against  this  act,  be  the  same  as  are  directed  and  provided  in 
and  by  an  act  made  in  the  twelfth  j^ear  of  the  reign  of  his  majesty 
King  George  the  First,  intitled  "An  Act  in  addition  to  and  for  render- 
ing more  effectual  an  act  made  in  the  tenth  year  of  the  reign  of  King 
William  the  Third,  intitled  'An  Act  for  preventing  trespasses  ;  '  "  and 
that  the  grand  jurors  in  the  respective  counties  present  all  breaches  of 
this  act. 

Provided, — 

[Sect.  9.]  That  nothing  in  this  act  shall  be  understood  to  restrain 
the  catching  of  fish  called  munhadens,  with  seines  or  drag-nets,  after 
the  first  da}'  of  June,  and  until  the  first  day  of  October,  annually,  or,  in 
Connecticut  River,  at  any  time  of  the  3'ear. 

Provided,  cdso, — 

[Sect.  10.]  That  nothing  in  this  act  shall  be  construed  to  extend 
to  Merrimack  River,  or  to  any  of  the  streams  and  rivers  running  into 
the  same ;  and  that  the  fish  aforesaid  may  be  taken  in  the  river  com- 
monl}^  called  Mistick  River,  two  daj's  in  a  week  ;  viz.,  on  Monday  and 
Thursday,  with  one  seine  and  one  draught  only  in  each  day ;  and  that 
the  said  fish  shall  not  be  taken  in  the  towns  of  Cambridge  or  Charles- 
town  on  more  than  three  days  in  a  week,  from  three  to  eight  of  the 
clock  in  the  afternoon,  with  scoop-nets  only,  and  that  not  in  more  than 
two  places  in  each  town,  such  places  to  be  assigned  b}'  the  selectmen 
of  said  towns  ;  and  that  all  such  fish  as  the  selectmen  of  the  towns  of 
Charlestown,  Cambridge  and  Medford  shall  agi-ee  to  be  taken  for  sale, 
shall  be  equall}-  divided  between  the  said  three  towns. 

Provided,  also, — 

[Sect.  11.]  That  during  the  continuance  of  this  act,  anything 
therein  contained  to  the  contrary  notwithstanding,  it  shall  and  may  be 
lawful  for  an}-  person  or  persons  to  catch  alewives  or  other  fish,  by 
seines  or  drag-nets,  in  Charles  River,  in  the  county  of  Middlesex,  and 
Neponsit  River,  in  the  county  of  Suffolk,  three  days  in  a  week,  the 
days  to  be  Monday,  "Wednesday  and  Friday  ;  and  in  Saugus  River  in 
Lynn,  in  the  county  of  Essex,  two  days  in  a  week ;  viz.,  Monday  and 
Thursday,  by  drawing  two  seines  once  in  each  day,  at  said  Saugus 
River ;  and  in  Taunton  Gi'eat  River,  in  the  county  of  Bristol,  two  days 
in  a  week  ;  viz.,  Monday  and  Thursday,  by  drawing  two  seines  for  each 
town,  after  it  shall  be  known  that  alewives  have  been  taken  at  Middle- 
borough,  in  the  spring  of  thff  year,  annually. 

[Sect.  12.]  This  act  to  continue  and  be  in  force  for  one  year  from 
the  fifteenth  day  of  March  instant.     \_Passed  March  8,  1765. 


[3d  Sess.] 


Province  Laws. — 1764-65. 


777 


CHAPTER    35. 


AN  ACT  FOR  PREVENTING  FRAUD  IN  DEBTORS,  AND  FOR  SECURING 
THE  EFFECTS  OF  INSOLVENT  DEBTORS  FOR  THE  BENEFIT  OF  THEIR 
CREDITORS. 


Whekeas  it  has  sometimes  happened  that  persons  have  absconded 
or  concealed  themselves  to  avoid  arrests  from  their  creditors,  and  the 
effects  of  such  persons  have  been  attached,  and  actions  have  been 
brought  against  their  debtors,  as  trustees  of  such  absconding  or  con- 
cealed persons,  by  means  whereof  great  inequality  and  injustice  has 
been  occasioned  to  the  creditors,  and  law-suits  have  been  greatly  mul- 
tiplied ;  for  prevention  whereof  for  the  future, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  it  shall  and  may  be  lawful  for  anj-  one  of  the  jus- 
tices of  the  superiour  court  of  judicature,  court  of  assize  and  general 
goal  delivery,  upon  application  made  in  writing,  by  anj-  creditor,  for 
not  less  than  thirt}-  pounds,  or  creditors,  for  not  less  than  sixty  pounds, 
of  any  person  or  persons  who  shall  appear,  to  the  satisfaction  of  such 
justice,  to  have  absconded  or  concealed  themselves  to  avoid  the  arrests 
of  their  creditors,  to  issue  a  warrant,  directed  to  all  and  every  the 
sheriffs,  their  undersheriffs  and  deputies,  within  this  province,  requiring 
them,  in  his  majesty's  name,  to  attach,  seize,  take  and  keep  all  the 
goods,  chatties  and  estate,  real,  personal,  and  niixt,  of  what  nature  or 
kind  soever,  within  their  respective  bailywicks,  of  sucli  absconding 
debtor  or  debtors,  for  the  use  and  benefit  of  his  or  their  creditors. 

[Sect.  2.]  And  any  part  of  such  estate  which  may  be  taken  in  pur- 
suance of  such  warrant,  and  which  shall  be  of  a  perishable  nature,  and 
shall  be  proved  to  be  actually  in  a  perishing  state,  before  the  justice 
from  whom  such  warrant  shall  issue,  shall  and  may  be  forthwith  sold 
by  the  officer  taking  the  same,  for  the  most  the  same  will  fetch. 

[Sect.  3.]  And  notice  shall  be  forthwith  given  by  such  justice,  in 
"The  Massachusetts  Gazette"  pubhshed  next  after  the  issuing  such 
warrant,  or  as  soon  as  may  be,  and  for  three  weeks  successively,  that 
the  effects  of  such  absconding  or  concealed  debtor  or  debtors  are 
directed  to  be  attached,  seized  and  taken  ;  and  that,  unless  such  debtor 
or  debtors  shall  return  or  appear,  and  discharge  his  or  their  just  debts, 
or  give  security,  to  the  satisfaction  of  the  creditors,  for  payment  thereof 
within  three  months  from  the  date  of  such  warrant,  all  the  estate  ordered 
to  be  so  attached,  seized  and  taken  will  be  sold  for  the  benefit  of  the 
creditors. 

And  he  it  further  enacted, 

[Sect.  4.]  That  ever}-  person  whose  effects  shall  be  directed  to  be 
so  attached,  seized  and  taken,  be  and  is  hereby-  declared  to  have  been, 
immediately,  from  and  after  their  absconding  or  concealing  themselves 
as  aforesaid,  incapable  of  alienating  any  part  of  their  effects  or  estate 
of  what  nature  or  kind  soever ;  and  all  assignments,  transfers,  con- 
veyances or  alienations  afterwards  made  b}-  such  person  or  persons,  are 
hereby  declared  to  be  null  and  void  ;  and  all  summons  and  attachments 
which  shall,  at  any  time  after  such  absconding  or  concealment,  be  served 
upon  any  debtor  or  trustee  of  such  person  or  persons,  by  ^•irtue  of  an 
act  or  law  of  this  i^rovince,  intitled  "  An  Act  to  enable  creditors  to  re- 
ceive their  just  debts  out  of  the  effects  of  their  absent  or  absconding 
debtors,"  shall  enure  to  the  use  and  benefit  of  all  the  creditors  of  such 
absconding  and  concealed  debtor  or  debtors,  in  just  proportion. 


PreamWe.  ] 


One  justice  of 
the  superior 
court,  in  certain 
cases,  to  issue  a 
■warrant  for 
seizing  all  the 
estate  of  an 
absconding     . 
debtor ; 


— if  of  a  peri  sha- 
ble  nature,  may 
be  sold. 


Public  notice  to 
be  given  of  the 
attachments  of 
such  absconding 
debtor's  estate. 


Such  debtors 
incapable  of 
alienating  tbeir 
effects. 


All  other  attach* 
nients  to  enure 
to  the  benefit  of 
the  creditors. 

1738-39,  chap. 
15. 


778 


Province  Laws.— 1764-65.  [Chap.  35.] 


Proviso. 


Trustees  to  be 
appointed  if 
sucti  absconding 
debtor  shall  not 
appear  within 
three  months. 


Proviso,  in  case 
such  debtor  is 
■willing  to  sur- 
render his 
effects. 


Trustees  to  give 
public  notice. 


Creditors  may 
approve,  or  not, 
of  such  trustees: 


—may  give  in 
their  claims. 


Trustees  to 
receive  llic 
estate,  of  the 
sheriffs,  and  all 
books  and 
papers ; 


— to  adjust  all 
accounts. 

Trustees  to  sue : 


— and,  with  the 
consent  of  the 
major  part  of 
the  creditors,  to 
submit  to  arbi- 
tratiou. 


Provided,  nevertheless, — 

And  it  is  hereby  declared, 

[Sect.  5.]  That  no  attachments,  summons  on  the  absconding-act, 
or  other  process  whatsoever,  ah'eady  commenced,  shall  be  affected  by 
this  act ;  but  the  creditors  therein  shall  have  such  and  the  like  remedy 
thereon  as  if  this  act  had  never  been  made  ;  nor  shall  any  assignments, 
transfers,  conveyances  or  alienations,  bond  fide  made  before  the  passing 
this  act,  be  understood  to  be  affected  thereby. 

And  be  it  further  enacted, 

[Sect.  6.]  That  if  an}-  absconding  or  concealed  debtor  or  debtors, 
whose  effects  and  estate  shall  be  directed  to  be  attached,  seized  and 
taken  as  aforesaid,  shall  not,  before  the  expiration  of  three  months  as 
aforesaid,  return,  or  appear  and  discharge  their  just  debts,  or  give 
security  for  the  discharge  thereof,  to  the  satisfaction  of  their  creditors, 
it  shall  and  may  be  lawful  for  the  justice  who  shall  have  issued  such 
warrant,  to  appoint  three  of  the  creditors  of  such  absconding  or  con- 
cealed debtor  or  debtors,  to  be  trustees  of  their  estate. 

Provided,  always, — 

A7id  be  it  accordingly  enacted, 

[Sect.  7.]  That  if  any  concealed  debtor  or  debtors  shall,  by  writing, 
under  their  hands,  signify'  to  the  justice  issuing  the  warrant  aforesaid, 
their  willingness  to  surrender  up  all  their  effects,  and  shall  desire  that 
trustees  may  be  forthwith  appointed,  it  shall  be  lawful  for  such  justice 
forthwith  to  appoint  the  same  ;  and  the  advertisement  to  surrender  shall 
thereupon  be  discontinued. 

And  be  it  farther  enacted, 

[Sect.  8.]  That  the  trustees  so  appointed  shall,  as  soon  as  maybe, 
notify  in  "  The  Massachusetts  Gazette,"  three  weeks  successively,  time 
and  place  for  a  meeting  of  the  creditors  of  such  absconding  or  con- 
cealed person  or  persons,  such  meeting  to  be  held  within  one  month 
from  the  date  of  such  notification  ;  and  it  shall  and  may  be  lawful  for 
the  major  part  of  the  creditors  present  at  such  meeting,  to  approve  or 
disapprove  of  all  or  any  of  the  trustees  so  appointed,  and  to  chuse 
others  in  the  room  of  such  as  may  be  disapproved  ;  and  the  trustees 
who  shall  be  approved  or  chosen  at  this  meeting  shall  be  sworn  before 
the  justice  issuing  such  warrant,  or  before  a  justice  of  the  peace,  to 
the  faithful  discharge  of  their  trust ;  and  the  power  of  the  trustee  or 
trustees  first  appointed  and  disapproved  shall  then  determine  and  cease  ; 
and  the  creditors  may  thereupon  give  in  to  the  trustees  their  respective 
claims  and  demands,  then  due  and  pa3able,  or  which  maj-  become  due 
or  payable  at  a  future  day,  upon  or  against  the  debtor. 

ybid  be  it  farther  enacted, 

[Sect.  9.]  That  the  trustees  so  approved  or  so  chosen  and  sworn, 
shall  be  and  hereby  are  authorizecl  and  inipowered  to  receive  from  the 
sheriffs,  undersheriffs  and  deputies,  and  from  all  other  persons  what- 
soever, all  the  effects  and  estate,  of  eveiy  kind,  of  such  absconding 
or  concealed  debtoi'  or  debtors,  and  also  all  their  books  of  accounts, 
and  all  papers  necessar}'  for  discovering  the  true  state  of  the  business 
and  dealing  of  such  absconding  or  concealed  debtor  or  debtors  ;  and 
also  to  settle  and  adjust  all  matters  and  accounts  unsettled  between 
such  absconding  or  concealed  debtor  or  debtors,  and  an}-  of  their  credit- 
ors ;  and  to  commence,  and  prosecute  to  final  judgment  and  execution, 
any  action  or  actions,  in  the  law,  for  the  recovery  of  an}'  debts,  effects 
or  estate  whatsoeA-er,  of  such  debtor  or  debtors,  as  fully,  to  all  intents 
and  purposes,  as  they  themselves  might  have  done  if  this  act  had  not 
been  made  and  passed  ;  and,  with  the  consent  of  the  major  part  of  the 
creditors  present  at  any  meeting  duly  notified,  to  submit  to  arbitration 
any  matters  in  dispute  between  such  debtor  or  debtors  and  any  of  their 


[3d  Sess.] 


Province  Laws.— 1764-65. 


779 


supposed  debtors,  and,  with  the  like  consent,  to  compromise  or  make 
abatement  upon  an>'  claim  or  supposed  debt. 

[Sect.  10.]  And,  that  the  whole  estate  may  be  converted  into 
money  as  soon  as  may  be,  the  said  trustees  are  hereb\'  authorized  and 
impowered  to  make  sale  of  every  part  thereof,  to  redeem  all  mortgages 
and  conditional  contracts,  and  also  to  grant,  bargain,  sell  and  convey 
to  any  person  or  persons  whomsoever,  any  lands,  tenements  or  heredita- 
ments, whereof  such  absconding  or  concealed  debtor  or  debtors  shall 
be  seized,  in  possession,  reversion  or  remainder,  as  of  an  estate  in  fee- 
simple,  or  an  estate  for  life  or  3'ears,  and  also  all  their  right,  title  and 
interest,  for  the  terra  of  their  own  lives,  in  any  entailed  estate,  and  to 
execute  good  and  sufficient  deeds  therefor :  provided,  alwai/s,  that  the 
right  of  dower  of  the  wife  of  an}'  such  debtor  shall  not  pass  without 
her  free  and  voluntary  consent,  in  writing,  signified  thereto. 

And  be  it  farther  enacted, 

[Sect.  11.]  That  it  shall  and  may  be  lawful  for  a  justice  of  the 
peace,  upon  application  made  to  him,  for  that  purpose,  by  the  trustees, 
to  convene  before  him  the  wife,  or  any  one  of  the  famil}',  of  any  such 
absconding  or  concealed  debtor  or  debtors,  or  any  other  person  sus- 
pected of  concealing  or  embezling  an}^  part  of  such  debtor's  effects,  or 
of  being  privy  or  knowing  to  an^'  concealment  or  embezzlement  or  to 
any  private  trade  or  dealing  of  such  debtor  or  debtors  ;  and  such  jus- 
tice of  the  peace,  the  said  trustees  being  present,  shall  examine  such 
person,  so  convened,  upon  oath,  touching  all  matters  respecting  the 
effects  or  estate,  the  trade  or  dealing,  of  such  debtor  or  debtors,  and 
shall  take  down  such  examination  in  writing,  and  cause  the  person  so 
examined  to  sign  the  same  ;  and  if  any  such  person  shall  refuse  to  submit 
to  an  examination,  or  to  sign  the  same,  such  justice  of  the  peace  is 
hereby  impowered  to  commit  such  person  to  prison,  there  to  remain 
until  he  or  she  shall  compl}-,  or  shall  be  discharged  by  the  consent 
of  the  said  trustees,  or  by  one  of  the  justices  of  the  superior  court  of 
judicature,  court  of  assize  and  general  goal  deliver}-,  by  judgment  upon 
■writ  of  habeas  corpus. 

And  be  it  farther  enacted, 

[Sect.  12.]  That  the  trustees  aforesaid  shall,  b}-  advertisement  in 
three  "Massachusetts  Gazettes,"  successively',  seasonably  notify  an- 
other meeting  of  the  creditors  of  such  absconding  or  concealed  debtor 
or  debtors,  to  be  held  at  the  expiration  of  six  months  from  and  after 
the  first  meeting  aforesaid,  and,  in  like  manner,  at  the  end  of  six  months 
more,  another  meeting ;  at  either  of  which  meetings  any  creditors  who 
have  not  given  in  their  claims  before,  may  then  exhibit  the  same  :  and 
the  said  trustees  are  also  impowered,  from  time  to  time,  to  call  other 
meetings  of  the  creditors,  in  like  manner  ;  or  to  continue  any  meetings, 
with  the  consent  of  the  major  part  of  the  creditors  present,  by  adjourn- 
ments, as  there  raaj'  be  special  occasions  therefor. 

And  be  it  further  enacted, 

[Sect.  13.]  That  at  the  expiration  of  eighteen  months  from  the 
appointment  of  such  trustees,  the}-  shall  make  a  dividend  of  the  effects 
of  such  absconding  or  concealed  debtor  or  debtors,  so  far  as  shall  have 
then  come  to  the  hands  of  such  trustees,  and  been  converted  into 
money,  each  creditor  to  receive  of  said  dividend  in  proportion  to  the 
debt  which  shall  have  been  proved  and  allowed ;  and  at  the  end  of  six 
months  more,  or  sooner,  if  it  shall  appear  to  the  trustees  that  the  whole 
estate  is  received,  a  further  dividend  shall  be  in  like  manner  made,  of 
any  further  effects  which  may  have  come  to  the  hands  of  such  trustees 
since  the  former  dividend  ;  and  so,  at  the  end  of  ever}'  six  months,  or 
sooner,  until  the  whole  effects  shall  be  distributed. 


Estate  to  be 
converted  into 
money,  and  * 
mortgages  to  be 
redeemed. 


What  estates 
shall  be  taken 
for  the  creditors. 


"Wife's  right  of 
dower  excepted. 


A  justice  of  the 
peace  to  ex- 
amine the  wife 
or  any  of  the 
family. 


Trustees  to  be 
present. 


Penalty  for 
refusing  to  sub- 
mit to  examina- 
tion. 


Trustees  to 
notify  meetings 
of  the  creditors. 


Trustees  to 
make  a  dividend 
in  eighteen 
months. 


i80 


Peovince  Laws. — 1764-65.  [Chap.  35.] 


Major  part  of 
the  creditors 
impowered  to 
discharge  ihe 
debtor. 


Proviso. 


Debtor's  oath. 


Debtor  dis- 
charged  upon 
certiticate. 


Controversies, 
how  to  be 
determined. 


Trustees  to 
nominate  ref- 
erees, in  mat- 
ters of  contro- 
versy. 


And  be  it  further  enacted^ 

[Sect.  14.]  That  if  any  absconding  or  concealed  debtor  or  debtors 
shall,  at  any  time  after  the  appointment  of  trustees,  and  the  meetings 
of  the  creditors  as  aforesaid,  offer  to  surrender  themselves,  and  disclose 
and  also  deliver  up  their  whole  estate,  if  any  shall  remain  in  their 
hands,  and  the  major  part  of  the  creditors  in  number  and  value,  shall, 
in  order  to  the  discharge  of  such  debtor  or  debtors,  present  a  petition 
to  any  two  of  the  justices  of  the  siiperionr  court  of  judicature,  court  of 
assize  and  general  goal  deliver}',  it  shall  and  may  be  lawful  for  such 
two  justices,  if  no  just  objection  be  offered,  to  discharge  such  debtor 
or  debtors  accordingly  ;  and  pending  sucli  petition  their  bodies  shall  be 
free  from  arrests,  as  also  pending  an}-  examination  before  the  trustees, 
from  time  to  time,  as  may  be  necessary :  iirovided,  always,  that  a  day 
be  first  appointed  by  such  justices,  and  public  notice  thereof  be  given, 
in  the  "  Massachusetts  Gazette,"  to  the  creditors  of  such  debtor  or 
debtors,  that  they,  or  any  of  them,  may  then  offer  their  objections,  if 
any  they  have,  why  such  debtor  or  debtors  should  not  be  discharged. 
Provided,  also,  that  every  such  debtor  shall  first  take  before  the  said 
justices  the  following  oath  ;  viz., — 

You,  A.  B.,  do  solemnly  swear  that  the  inventory  and  account  by  you 
delivered  is  a  just  and  true  account  of  all  your  estate,  real,  personal  and 
niixt,  both  in  law  and  equity,  either  in  possession,  reversion  or  remainder,  the 
necessary  wearing-apparel  and  bedding  of  yourself,  wife  and  children  ex- 
cepted, and  that  you  have  not,  directly  or  indirectly,  sold,  leased,  assigned  or 
otherwise  disposed  or  made  over,  either,  in  trust,  for  yourself  or  otherwise, 
except  as  set  forth  in  the  same  accoimt,  any  part  of  your  estate,  real,  personal 
or  mixt,  for  your  future  benefit,  or  in  order  to  defraud  your  creditors.  So 
help  you  God. 

— And  where  there  shall  be  no  wife  or  no  children,  those  words  "  wife  " 
and  "  children,"  respectively,  shall  be  omitted. 

[Sect.  15.]  And  a  certificate  being  given  by  the  said  two  justices, 
that  such  debtor  is  discharged,  every  such  debtor  is  hereby  declared  to 
be  discharged  from  all  debts  due  or  contracted  before  his  or  her  ab- 
sconding or  concealment  as  aforesaid,  and,  if  prosecuted  for  an}^  such 
debt  or  contract,  may  plead  the  general  issue,  and  give  the  special 
matter  in  evidence. 

And  be  it  farther  enacted, 

[Sect.  16.]  That  if  any  controversy  shall  arise,  at  any  of  the 
meetings  of  the  creditors  as  aforesaid,  relating  to  the  debts  of  any 
creditors,  such  controvers}'  shall  be  determined  in  the  following  man- 
ner :  the  trustees  shall  nominate  two  referees,  not  being  creditors  of  the 
debtor  or  debtors  who  had  absconded  or  concealed  themselves,  and  the 
creditor  whose  debt  is  in  controversy  shall,  in  like  manner,  nominate 
two  others  ;  and  their  names'  shall  be  separately  written  on  four  pieces 
of  paper,  as  nearly  alike  as  may  be,  which  shall  be  rolled  up  and  put 
into  a  covered  box,  and  from  thence,  one  of  the  trustees  shall  draw  out 
three  of  the  said  pieces  of  paper  ;  and  the  i)ersons  whose  names  are  so 
drawn,  or  the  major  part  of  the  wliole,  having  given  their  voice,  shall 
finall}-  settle  such  controversy  ;  and  if  any  one  or  more  of  such  referees 
so  appointed,  shall  refuse,  or  be  incapable  of  acting  in  a  reasonable 
time,  a  new  choice  shall  be  made  by  a  nomination  of  four  other  ref- 
erees, their  names  to  be  put  in  a  box,  in  like  manner  as  the  former, 
and  one  or  more,  according  to  the  number  refusing,  shall  be  drawn  out ; 
and  so,  from  time  to  time,  until  referees  shall  be  thus  chosen  who  shall 
be  willing  and  able  to  serve  ;  and  in  case  any  such  creditor  shall  refuse 
to  nominate  referees  on  his  part,  the  trustees  are  hereby  impowered  to 
nominate  them  in  his  stead. 


[3d  Sess.] 


PiiOVLNCE  Laws. — 1764-65. 


781 


And  be  it  furtlier  enacted, 

[Sect,  17.]  That  any  powers  by  this  act  given  to  trustees,  shall 
and  ma}'  be  executed  by  any  two  of  them,  and  shall  be  construed  and 
understood  in  all  cases  according]}- ;  and  an}"  person  being  of  the  peo- 
ple called  Quakers,  may  and  shall  be  allowed,  when  any  oath  is  requu-ed 
by  this  act,  to  make  solemn  affirmation  instead  thereof. 

And  he  it  further  enacted, 

[Sect.  18.]  That  if  any  creditor  of  such  absconding  or  concealed 
debtor  or  debtors  shall  neglect  or  refuse  to  give  notice  of  and  prove  his 
debt  within  eighteen  months  after  the  appointment  of  trustees  as  afore- 
said, and  before  a  dividend  be  made,  such  creditor  shall  be  ever  after 
debarred  from  receiving  his  debt,  unless  the  whole  of  the  estate  shall 
not  have  been  received  and  divided,  and  unless  such  creditor  shall, 
before  a  second  dividend  be  made,  prove  his  debt ;  and  in  such  case 
such  creditor  shall,  before  the  second  dividend  be  made,  have  the  sum 
he  would  have  been  intitled  to  on  the  first  dividend,  or  so  much  thereof 
as  shall  be  in  the  hands  of  the  trustees  ;  and  if  more  than  one  creditor 
shall  have  so  neglected,  and  there  shall  not  be  enough  in  the  hands  of 
the  trustees  to  pay  to  all  of  them  the  full  of  their  dividend,  each  shall 
be  paid  in  proportion. 

Provided,  always, — 

And  be  it  further  enacted, 

[Sect.  19.]  That  before  any  dividend  be  made,  a  bill  of  costs  and 
necessary  charges,  and  reasonable  commissions  for  said  trustees,  shall, 
by  them,  be  presented  to  one  or  more  of  the  justices  of  the  superior 
court  of  judicature,  court  of  assize  and  general  goal  delivery,  who 
shall  tax  the  same  ;  and  such  costs  and  charges  so  taxed,  and  also  all 
debts  due  to  his  majesty,  his  heirs  and  successors,  and  all  debts  due  to 
this  government,  and  also  such  sum  as  the  major  part  of  tlie  creditors, 
at  the  last  meeting  before  a  dividend  shall  be  made,  shall  agree  to 
allow  to  the  debtor  or  debtors  who  shall  have  appeared,  and  surrendered 
Tip  their  effects,  and  taken  the  oatli  required  by  this  act,  not  exceeding, 
in  any  case,  ten  per  cent  upon  their  whole  effects,  shall  be  first  de- 
ducted and  paid,  before  the  dividend  be  made  to  the  creditors. 

Aii(l  he  it  farther  enacted, 

[Sect.  20.]  That  it  shall  and  may  be  lawful  for  the  trustees  afore- 
said, in  the  execution  of  their  trust,  by  warrant  had  from  a  justice  of 
the  peace,  directed  to  the  sheriff",  his  undersheriff  or  deputy,  to  cause 
to  be  broke  open  and  enter'd  the  dwelling-houses,  shops,  warehouses 
or  other  houses  of  any  such  absconding  or  concealed  debtor  or  debtors, 
and  to  cause  to  be  open'd  any  trunks  or  chests,  or  other  close  or  locked 
places,  where  any  part  of  their  goods  or  estate  shall  be  or  be  reputed  to 
be :  provided,  alioays,  that  the  body  of  such  debtor,  in  their  own 
houses,  shall  not,  by  or  in  consequence  of  the  execution  of  such  war- 
rant, be  liable  to  any  arrest  of  the  creditors. 

And  be  it  further  enacted, 

[Sect.  21.]  That  if  any  person  shall  be  convicted  of  wilfully  affirm- 
ing or  swearing,  falsly,  in  any  case  where  an  affirmation  or  oath  is  re- 
quired or  allowed  by  this  act,  the  person  so  offending  shall  suffer  as  in 
case  of  wilful  perjury ;  and  in  case  any  such  debtor  wlio  shall  take  the 
oath  required  by  this  act,  and  shall  thereupon  be  discharged,  shall  be 
convicted  of  concealing  any  part  of  his  estate  or  effects,  with  an  intent 
to  defraud  the  creditors,  such  debtor  shall  be  deemed  and  adjudged 
guilty  of  felony,  without  benefit  of  clergy,  and  shall  suffer  accordingly. 

[Sect.  22.]  This  act  to  continue  and  be  in  force  for  three  }ears 
from  the  twelfth  day  of  March,  one  thousand  seven  huadrod  and  sixty- 
five.     [_Passed  March  9,  1765. 


Two  trustees 
may  act. 

Quakers'  aflir- 
rnation  may  be 
received. 


Creditor,  after 
eighteen 
months'  neglect, 
excluded : 


— unless,  before 
a  second  divi- 
dend, he  shall 
prove  his  debt. 


Proviso,  for 

allowing  costs 
and  necessary 
charges ; 


— and  for  allow- 
ance to  be  made 
to  the  debtor. 


Trustees  al- 
lowed, by  war- 
rant from  a 
justice,  to  break 
open  tlie  debt- 
or's house,  &c. 


Debtor's  body 
secured, in  such 
case,  from 
arrest. 


Penalty  for 
false  swearing : 


— and  for  con- 
cealing  esUite 
or  effects. 

Limitation. 


782  Province  Laws. — 1764-65.  [Notes.] 

Notes. — All  tlie  acts  of  this  year,  except  the  private  act  the  title  of  which  is  here- 
after siven,  were  printed:  chapter  3  separately;  aud,  for  the  first  time,  an  impost 
act  (chapter  33)  was  included  with  the  printed  acts  of  the  session  in  which  it  was 
passed.  The  engrossments  of  twentv-four,  out  of  thirty-six,  acts,  of  this  year,  are 
missing;  viz.,  chapters  1,  3,  8, !),  10,  13, 14,  16,  17,  19,  20,  21,  23,  24,  25,  and  27  to  35, 
inclusive. 

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

"An  Act  to  enable  Abigail  Little  of  Pembroke,  formerly  the  Widow  of  Isaac 
Thomas  late  of  said  Pembroke,  Gentleman,  Deceased,  to  recover  of  the  Children 
and  Heirs  of  the  said  Isaac  certain  Sums  of  Money  due  from  them  to  the  said  Abigail 
for  Right  of  Dower  in  the  real  Estate  that  was  the  said  Isaac  Thomas's."  [Passed 
June  14,  ]7(>4. 

The  acts  of  the  first  session  were  certified  for  transmission,  June  29, 17fi4.  As  the 
Governor's  letter  containing  his  observations  on  these  acts,  and  bearing  date  July 
2,  was  received  by  the  Lords  of  Trade,  September  5,  it  is  probable  that  the  acts  were 
received  at  the  same  time.  They  were  delivered  to  the  clerk  of  the  Privy  Council, 
in  waiting,  September  10,  and  referred  to  the  committee  on  plantation  affairs,  Sep- 
temlier  14,  by  whom,  on  the  14th  of  December,  they  were  referred  to  the  Loids  of 
Trade. 

The  acts  of  the  second  session  were  certified  for  transmission,  November  13, 1764, 
delivered  to  the  clerk  of  the  Privy  Council,  in  waiting,  January  14, 1765,  referred  to 
the  committee  on  plantation  affairs,  February  1,  and  by  them  referred  to  the  Lords 
of  Trade,  March  19,  Avho  received  them  on  the  22d  of  the  same  month. 

On  the  seventh  of  June,  1765,  the  Lords  of  Trade  ordered  such  of  the  acts  of  the 
first  and  second  sessions  as  have  not  expired  by  their  own  limitation,  to  be  sent  to 
Sir  Matthew  Lamb,  for  his  opinion  thereupon,  in  point  of  law;  and,  on  the  2Jth  of 
September  following,  llie  acts  of  the  seconil  session  were  again  read  at  the  Board. 

The  acts  of  the  third  session  were  certified  for  transmission,  April  3,  1765.  Gov- 
ernor Bernard's  letter  of  observations  on  these  acts,  and  bearing  ilate  April  8,  was 
received  by  the  Lords  of  Trade,  June  26,  so  that,  probably,  the  acts  arrived  as  early 
as  that  date.  They  were  delivered  to  the  clerk  of  the  Privy  Council,  in  waiting, 
July  11,  referred  to  tiie  committee  on  plantation  affairs  July  13,  and  sent  to  the 
Board  of  Trade,  July  16,  where  they  were  received  the  next  day.  They  appear  to 
liave  been  considered  by  the  Board,  together  with  the  acts  of  the  second  session,  on 
the  24th  of  September,  and,  on  the  2Utli  of  October,  they  were  ordered  to  be  sent  to 
Sir  Matthew  Lamb. 

Sir  Matthew  Lamb's  report  on  the  acts  of  the  three  sessions,  was  received  Juno 
30,  1766,  and  concludes — "  Upon  perusal  and  consideration  of  the  before  mentioned 
Acts  I  have  r^  otlier  objections  than  are  before  mentioned ;  "  i.  e.,  to  the  private  act, 
and  to  chapter  26:  see  the  note  to  that  chaiiter,  post.  Tliis  report  was  read  at  the 
Board,  February  (i,  1767,  and,  on  the  tenth,  the  draught  of  a  representation  thereon 
was  ordered  to  be  prepared;  and,  accordingly,  an  order  was  subsequently  passed 
by  the  Privy  Council,  disallowing  the  private  act. 

Chap.  3.  "Dec.  30,  1763.  In  the  House  of  Representatives  Resolved  That  the 
Inhabitants  of  the  District  of  New  Salem  in  the  County  of  Hampsliire  be,  and 
Hereby  are  impowered  to  receive  out  of  the  Public  Treasury  Twenty  six  pounds, 
twelve  shillings,  the  sum  tliey  paid  towards  defraying  the  Charge  of  a  Representa- 
tive sent  from  Sunderland  after  they  were  discharged  from  paying  any  Sum,  as 
appears  by  an  Act  of  this  Court:  And  that  the  said  Sum  of  Twenty  six  pounds 
twelve  shillings  be  annexed  to  the  Tax  of  the  Towns  of  Sunderland  and  Montague 
in  their  next  years  Tax. 

In  Council    A  Petition  of  the  Inhabitants  of  the  District  of  New  Salem— 

In  the  House  of  Representatives  Read  and  Resolved  That  the  Prayer  of  the 
Petition  be  granted,  and  that  the  Inhabitants  have  leave  to  tax  the  Non-resident 
Proprietors  at  one  peny  per  Acre  ou  their  Lands;  they  observing  the  Act  of  this 
Court  passed  the  9'^^  of  February  1760,  and  laying  out  the  Money  arising  therefrom 
for  the  purposes  mentioned  in  said  Act." — Voiincil  liecorcU,  vol.  XXV^.,p.  108. 

"Jan.  2,  1764.  The  following  Order  jiassed  on  the  Petition  the  Inhabitants  of 
Greenwich.  In  the  House  of  Representatives  Resolved  That  the  Sum  of  Six 
pounds  two  shillings  and  nine  pence  be  allowed  and  paid  out  of  the  Public  Treas- 
ury to  M''  Robert  Cutler,  Agent  for  the  Town,  for  the  use  of  said  Town;  and  that 
the  said  Sum  be  added  to  the  Town  of  Belcher  Town  in  the  next  Province  Tax. 

In  Council  Read  and  Concurred.    Consented  to  by  t  he  Governor." — Ibid.,  p.  113. 

"Jan.  7,  1764.  In  the  House  of  Representatives.  Whereas  a  Vote  passed  the  two 
Houses  on  the  30"*  day  of  December  last  ordering  th.e  Sum  of  £26.12.  to  be  paid  out 
of  the  Public  Treasury  to  the  Inhabitants  of  New  Salem;  said  Sum  to  be  added  to 
the  Tax  of  Sunderland  and  Montague  the  next  Vear  but  the  Petition  on  which  such 
Vote  was  founded  being  mislaiil  before  it  was  olfered  to  his  Excellency  the  Govern- 
or for  his  Consent,  and  the  Agents  of  said  Inhabitants  waiting  in  Town.  Ordered 
That  the  Sum  of  'Twenty  six  pounds,  twelve  shillings  be  ])ai<i  to  such  Agents,  and 
added  to  the  Taxes  of  such  Town;  said  Petition  being  mislaid  notwithstanding. 

In  Council  Read  aud  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  120. 

"Jan  26,  1764.  lu  the  House  of  Representatives.  On  a  Complaint  of  a  Com- 
mittee of  the  Town  of  Lincoln  relative  to  their  Taxes,  the  following  Resolve 
passed  viz' 

It  appearing  that  there  was  a  Mistake  made  in  carrying  off  the  proportion  to  a 
Thousand  pounds  which  that  part  of  Lexington  paid  to  the  Province  Tax,  that  was 
taken  from  them  and  added  to  Lincoln  when  it  was  first  incorporated  into  a  Town ; 
they  being  then  set  at  7/4^  to  the  £1000 — tlio  their  just  proportion  was  no  more 
than  5/3,  so  that  it  appears  that  the  Town  of  Lincoln  paid  2/I2  to  the  £1000— that 


[Notes.]  Province  Laws. — 17G4-C5.  783 

Lexington  ought  to  have  paid,  from  the  time  of  said  Lincoln's  Incorporation  to  the 
Year  17(50  inclusive,  which  in  the  whole  amounts  to  £50.  16.  1  which  Sum  Resolved 
that  it  be  remitted  to  the  Town  of  Lincoln,  and  laid  upon  the  Town  of  Lexington 
in  their  next  Province  Tax. 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  153. 

"  Jan.  26,  1764.  In  the  House  of  Representatives.  "Whereas  many  of  the  Inhabit- 
ants of  the  Town  of  Swanzey  have  lately  suifered  greatly  by  the  Small  Pox  Re- 
solved Tliat  the  Sum  of  Three  hundred  pounds  be  advanced  and  paid  out  of  the 
Public  Treasury  to  Jerathuieel  Bowers  Esq^  for  the  use  of  that  Town,  to  be  applied 
by  the  Selectmen  thereof  for  the  use  of  the  Sufferers  there,  as  the  Town  shall  direct; 
and  that  the  said  Sum  of  Three  hundred  pounds  be  repaid  by  the  Town  of  Swanzey 
in  the  manner  following,  namely,  that  the  Sum  of  Fifty  pounds  be  added  to  that 
Towns  proportion  of  the  Province  Tax  next  Year  and  Yearly  until  the  Three  hun- 
dred pounds  aforesaid,  shall  be  by  that  Town  repaid  into  the  Province  Treasury. 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  154. 

"  June  4,  1764.  A  Memorial  of  the  Selectmen  of  Sunderland— Setting  forth  That 
they  are  informed  that  the  District  of  New  Salem  hath  applied  to  this  Court  for  a 
reimbursment  of  the  Pay  of  a  Representative  put  to  said  District  for  sundry  Years 
by  an  Act  of  Assembly,  whilst  in  connection  with  the  Town  of  Sunderland;  and 
that  they  have  thereupon  obtained  an  Act  of  this  Assembly  for  such  reimbursment, 
which  eitlier  is,  or  is  likely  to  be,  laid  on  the  Town  of  Sunderland,  altho'  they  have 
been  always  notified  to  join  in  the  choice,  and  have  constantly  had  the  benefit  of 
the  representative    chosen,  whenever    they  have    had  any    particular  Concerns  * 

depending.  And  praying  that  the  Town  of  Sunderland  may  be  freed  from  the 
charge  of  any  such  Reimbursment.  In  the  House  of  Representatives  Read  and 
Ordered  That  the  Petitioners  serve  the  Clerk  of  the  District  of  New  Salem  with 
a  Copy  of  this  Petition  that  they  shew  cause,  if  any  they  have,  on  the  Second 
Wednesday  of  the  next  Session  of  this  Court  why  the  Prayer  thereof  should  not  be 
granted.  And  that  the  Province  Treasurer  be  directed  not  to  make  any  addition  to 
the  Province  Tax  of  Sunderland  or  Montague  for  the  reimbursment  made  to  the 
said  Precinct  of  New  Salem  till  the  further  Order  of  this  Court. 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor."— 76«^.,  p.  219. 

"  June  11,  1765.  A  Petition  of  Eldad  Taylor  Esq''  in  behalf  of  the  Inhabitants  of 
the  Township  N^  4  in  the  County  of  Berkshire— Setting  forth — That  apprehending 
themselves  over  Rated  in  the  valuation  taken  in  the  year  1761,  they  thereupon  ap- 
plied to  the  General  Court  for  relief  who  abated  them  the  sum  of  £55:  6:  .3  assessed 
on  them  in  the  year  1761  and  the  further  Sum  of  £36:  17:  6  Assessed  on  them  in 
1763.  That  there  is  now  a  Tax  of  £36:  17:  (5  laid  on  them  for  the  year  1764,  which 
they  are  as  unable  to  pay  as  either  of  the  former  sums,  and  the  more  so  as  they 
have  lost  their  Minister  and  met  with  loss  other  ways;  And  praying  that  the  Court 
would  again  consider  the  dititiculties  they  labour  under,  and  grant  them  relief. 

In  the  House  of  Representatives.  Read  and  Ordered,  that  the  Tax  laid  upon  the 
Township  N"  4  for  the  year  1764  as  within  mentioned  be  remitted  them  in  consid- 
eration of  the  losses  mentioned.  In  Council,  Read  and  Concurred.  Consented  to 
by  the  Governor." — Ibid.,  vol.  XXVI.,  p.  18. 

"  June  20,  1765.  A  Petition  of  the  Selectmen  of  Gorham —praying  that  in  consid- 
eration of  their  losses  the  last  year  by  Fires  &c  it  will  be  very  difficult  for  them  to 
pay  their  Province  Tax;  that  they  are  now  about  Settling  a  Minister,  which  will 
bring  a  considerable  charge  upon  them.  And  praying  that  their  Province  Tax  for 
1764  may  be  abated  them. 

In  the  House  of  Representatives,  Read  and  Ordered  that  the  Province  Tax  laid 
on  Gorham  for  the  year  1764  be  suspended.  And  that  the  same  be  added  to  their 
Province  Tax  in  the  year  1766;  and  the  Treasurer  is  directed  not  to  issue  his  Exe- 
cution against  said  Town  in  the  mean  time.  In  Council,  Read  and  Concurred. 
Consented  to  by  the  Governor." — Ibid.,  p.  47. 

"  June  15,  1764.  A  Petition  of  John  Burk  in  behalf  of  Bernardston— Setting 
forth.  That  their  numbers  are  yet  small,  having  only  31  Families  and  49  Poles;  that 
the  War  has  so  retarded  their  Settlements  that  they  have  but  400  Acres  of  imjiroved 
Land  in  said  Town,  and  yet  they  have  bien  taxed  the  three  last  years,  for  two  of 
which  they  have  paid  £58— and  having  now  a  Tax  upon  them  for  £19— which  can- 
not be  collected  but  by  distress.    And  Praying  that  it  may  be  abated. — 

In  the  House  of  Representatives;  Ordered  That  the  consideration  of  this  Peti- 
tion Tae  referred  to  the  next  Session  of  the  General  Court  and  the  Treasurer  is 
hereby  directed  not  to  issue  any  Warrant  for  the  enforcing  payment  thereof  in  the 
mean  time. — In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — 
Ibid.,  vol.  XXV.,p.2T2. 

"  Feb.  15,  1765.  In  the  House  of  Representatives.  Whereas  a  Petition  has  been 
preferred  by  John  Burk  Agent  for  the  Town  of  Bernard.ston,  and  another  ]ietition 
by  Nathi  Kellog  in  behalf  of  the  Inhabitants  of  IIuulsTown.  la  nnhn- that  the 
circumstances  of  those  Towns  and  their  Ability  to  contribute  some  i)roportion  to  the 
public  charge  of  this  Province,  as  well  as  the  circumstances  of  all  other  new  planta- 
tions and  Settlements  within  this  Province  and  their  ability  for  such  purpose  may 
be  the  better  known.  It  is  Resolved  and  Ordered  That  the  Assessors  or  some  other 
proper  persons  thereto  appointed  by  the  Inhabitants  in  ea'h  plantation  respectively 
make  true  and  full  Lists  of  the  polls  and  Estates,  Real  and  personal  in  such  plan- 
tations, and  Return  the  same  under  Oath  to  this  Court  at  their  Sessions  in  May- 
next. 

And  that  the  Treasurer  of  this  Province  be  and  hereby  is  directed  to  stay  any 
Executions  against  any  Constables  or  Collectors  in  either  of  the  said  Towns  of 
Bernardston  and  Hunts  Town  until  the  next  May  Sessions. 

In  Council,  Read  and  Concurred.    Consented  to  by  the  Govevnor."— Ibid., p.  408. 


784  Pr.oviNCE  Laws. — 1764-65.  [Notes.] 

"Mar.  1,  17C5.  a  Petition  of  Joslma  Hensliaw  Esq''  and  others  Inhabitants  or  Pro- 
prietors of  tlie  Plantation  called  Dorchester  Canada— Setting  forth,  That  in  the 
year  17()1  the  General  Court  laid  a  Tax  upon  them  of  £M.  7.  G  and  three  yearly 
Taxes  since.  That  the  Lands  in  such  a  new  plantation  do  not  yield  the  produce  as 
in  those  that  are  more  cultivated,  and  are  subjected  to  early  and  late  Frcsts,  inso- 
much that  the  Inhabitants  have  not  been  able  to  raise  one  half  of  their  Bread  Corn, 
but  are  obliged  to  Travel  to  other  i)laces  to  purchase  it.  That  they  are  besides 
subject  to  the  ravages  of  wild  beasts,  whereby  they  lose  more  young  Cattle  Sheep 
and  Swine  than  the  value  of  any  province  Tax  that  could  equitably  be  laid  upon 
them.    And  praying  Relief. 

In  the  House  of  Representatives.  Ordered  that  the  consideration  of  the  within 
petition  be  referred  to  the  next  May  Session,  and  that  the  petitioners  are  directed 
to  return  a  List  of  their  polls  and  Estates  to  the  Court  at  that  Session. 

In  Council,  Read  and  Concurred." — Ibid.,  p.  440. 

Chap.  4.  By  General  Amherst's  returns  it  appears  that,  of  the  3,220  men  voted 
to  be  raised  by  Massachusetts  in  the  campaign  of  17(i2,  2,01)1  actually  took  the  field, 
of  whom  591  remained  on  garrison  duty  during  the  winter  and  spring.  For  re- 
imbursing the  expenses  of  all  the  colonies,  in  this  campaign,  the  House  of  Commons 
voted  the  same  amount  as  was  granted  the  previous  year;  viz.,  £,V6'o,o6Z,  Gs.  8d.  (See 
Journals  of  the  House  of  Commons,  March  17,  17G3).  Of  the  proposed  grant,  Mr. 
Mauduit  got  an  early  intimation  through  his  brother,  and  comumuicated  the  infor- 
»  mation  to  the  secretary  of  the  proviuce,  in  a  letter  dated  J^iarcli  1-,  17(;.). 

By  the  apportionment,  whicli  was  made;  about  the  first  of  April,  1761,  the  share  of 
Massachusetts  was  determined  to  be,— after  all  allowances  adiled  for  extra  men  and 
extra  times  of  service,— £4.5,419,  18s.  Gd.  This  was  to  be  paid  one-half  in  money, 
and  one-half  in  Exchequer  bills.  As  the  latter,  however,  were  bills  of  the  previoiis 
year,  and  payable  the  next  day  after  they  were  given  out,  the  Agent  was  enabled 
to  write,  on  tlie  25th  of  April,  that  the  whole  money,  with  one  day's  interest  on  the 
bills,  had  been  deposited  in  bank,  for  the  order  of  the  General  Court. 

"Jan.  29, 17G5.  In  the  House  of  Representatives.  It  ajipearing  to  the  House  that 
all  the  Bills  of  Exchange  which  by  Law  (tf  this  Province  made  in  June  last,  the 
Treasurer  of  this  Province  was  enabled  to  draw  upon  Jasper  Mauduit  Esqi^  late 
Agent  of  this  Province  are  not  yet  Sold,  and  disposed  of;  and  that  some  doubt 
arises  whether  the  said  Bills  may  be  drawn  in  the  form  prescribed  by  the  said  Law, 
since  the  new  Choice  made  of  an  Agent. 

Resolved  That  the  Treasurer  be  and  hereby  is  Ordered  to  draw  the  Bills  in  the 
form,  and  directed  as  in  the  said  Law  is  required,  the  new  Choice  of  an  Agent  not- 
withstanding. 

In  Council,  Read  and  Concurred,  as  taken  into  a  new  draft.  The  new  Draft  is  as 
follows  viz' — In  the  House  of  Representatives  2<j'h  .lanuary  17G5 — 

Whereas  Richard  Jackson  jun''  Esq'  has  been  Chosen  Agent  for  this  Province  in 
the  room  of  Jasper  Mauduit  Esq""  who  r(;sigued  that  trust;  and  certain  part  of  the 
Money  which  had  been  received  by  M''  Mauduit  belonging  to  the  Proviuce  still  re- 
maining in  his  hands,  and  the  Treasurer  being  conlined  to  a  particular  form  in 
drawing  for  such  money  viz'  on  Jasper  Mauduit  Esq"'  Agent  for  the  Prf)vinco  of  the 
Massachusetts  Bay  in  London,  or  in  case  of  his  Death  or  absence  on  Richard  Jack- 
son jun"^  Esq''. 

Resolved,  That  all  Bills  for  such  Monies  as  yet  remain  in  M""  Mauduit's  hands,  be 
drawn  on  Jas]'>er  Mauduit  Esq>'  in  London,  and  the  Treasurer  is  directed  to  transmit 
to  M''  Mauduit  a  Copy  of  this  Vote  by  the  first  opportunity. 

In  the  House  of  Representatives  Read  an  I  Nonconcurred  Nemine  contradicente 
and  the  House  adhere  to  their  own  Vote.    In  Council,  Read  and  Nonconcurred 

Mf  Otis  from  the  House  of  Representatives,  who  brought  up  the  foregoing  Vote 

of  nonconcurreuce,  at  the  same  time  delivered  a  Verbal  Message  to  the  Board, 

acquainting  them  that  it  has  been  usual   for  the  House  to  originate  their  own 

Eesolves,  and  that  they  choose  to  continue  in  that  practice." — Council  Records,  vol. 

.     XXV.,  p.  ^2. 

"  Jan.  29, 17G5.  The  Secretary  went  down  to  the  House  of  Representatives  with 
the  following  ISIessage  from  1  he  Board  viz'— The  Board  have  received  a  Message 
from  the  Hon'''^  House  in  the  forenoon  to  this  purpose  '  That  the  House  have 
always  been  in  the  ijractice  of  Originating  their  own  Votes,  and  chuse  to  continue 
in  that  practice '. — 

The  Board  think  it  necessary  to  observe,  that  their  Vote,  which  induced  the  Hon- 
ourable House  to  that  Message  was  agreeable  to  the  uninterrupted  practice  of  the 
two  Houses,  in  taking  into  a  new  draft  any  Votes  sent  from  one  House  to  y^  other, 
in  order  to  save  the  trouble  and  perxilexity  which  arises  from  a  great  number  of 
Amendments  by  marginal  references.  The  Board  not  intending  to  prepare  a  Vote 
to  originate  in  the  House,  but  to  altera  Vote  before  originated  there;  and  therefore 
the  House  could  have  no  just  Occasion  for  sending  such  a  Message." — Ibid.,  p.  SfiS. 

"Jan.  30,  17G5.  M''  Otis  and  others  from  the  House  of  Rei^resentatives  came  up 
to  the  Board  with  the  following  Message  viz' — 

The  House  think  it  Necessary  to  observe,  that  tho'  it  may  be  agreeable  to  the  un- 
interrupted practice  of  the  two  Houses  to  take  into  a  new  draft  any  Bills  or  Votes 
(Grants  &  Jloney  Bills  excepted)  sent  from  one  House  to  the  other:  And  tho'  the 
reason  &  grounds  of  that  practice  are  truly  assigned  by  the  Honi^'c  Board,  yet  such 
new  draft  should  be  made  by,  and  passed  upon  as  the  Act  of  t!ie  House  framing 
such  new  draft,  and  in  the  name  of  the  House  framing  the  same,  and  then  sent  to 
the  other  House  for  Concurrence:  But  the  House  of  Representatives  have  not, 
before  found  an  Instance,  that  one  House  has  maile  a  new  draft  for.  ami  in  the 
name  of  the  other,  and  then  sent  it  to  the  other  to  act  upon.    And  tho  the  House  of 


[Notes.]  Phovince  Laws. — 17G4-65.  785 

Representatives  readily  believed  it  -was  far  from  the  intention  of  the  Hon^ie  Board 
to  prepare  a  Vote  to  originate  in  the  House;  yet  it  is  concievetl  the  Hon^e 
Board  have  in  fact  so  prepared  a  Vote  for  them. 

The  House  of  Iteprcseiitatives  therefore  must  think  the  HonWe  Board  have  done 
some  what  more  than  altering  or  amending  the  Vote  sent  up:  It  seems  hard  to 
conceive  that  tiie  Vote  of  the  Honi*'"  Board,  their  framing  an  entire  new  draft  in  the 
name  of  the  House,  and  sending  it  down  to  the  House  for  them  first  to  act  upon,  can 
with  any  kind  of  propriety  be  said  to  be  only  altering  or  amending  the  Original 
Vote  of  the  House. 

The  Hon^'-e  Board  have  an  undoubted  right  in  all  cases  (except  those  of  Grants  & 
Money  Bills)  to  bring  any  Vote  or  Bill  sent  up  from  the  House  into  a  new  draft: 
But  then  such  new  draft  should  be  made  the  Act  of,  and  passed  upon  by  the  Hon^ie 
Board  before  it  is  sent  down. 

The  House  of  Representatives  therefore,  being  on  the  one  hand  cautious  how  they 
attempt  any  infringement  of  the  just  rights  &  priviledges  of  the  Honi^ie  Board,  and 
on  the  other  tenacious  of  their  own,  and  ever  desirous  of  preserving  and  cultivat- 
ing that  good  understanding  and  Harmony  which  has  hitherto  happily  subsisted 
between  the  two  Houses,  think  they  had  just  occasion  for  sending  the  Message 
referred  to  by  the  Hon'J'«  Board;  which  Message  but  barely  hinted  at  the  innovation 
that  seemed  to  be  taking  place." — Ibid.,  p.  SGti. 

"  Feb.  7,  17C5,  In  the  House  of  Representatives.  Whereas  by  an  Act  passed  by 
this  Court  at  their  Session  in  May  last,  the  Treasurer  was  impowered  to  draw  Bills 
to  the  amount  of  Forty  eight  thousand  pounds  Sterling  directed  '  To  Jasper  Maud- 
uit  Esq""  Agent  for  the  Province  of  the  Massachusetts  Bay  in  London,  or  in  case  of 
his  Death  or  absence,  To  Richard  Jackson  jun^  Esqr  '—since  the  passing  of  which 
Act,  the  said  Jasper  ISIauduit  hath  desired  to  resign  the  Agency,  and  the  Court  hatli 
accepted  of  his  a'^  resignation;  and  there  yet  remains  in  his  hands  a  Sum  fully  suffi- 
cient to  Answer  the  Treasurers  Bills  to  Compleat  the  amount  aforesaid. 

Resolved,  That  the  Treasurer  be,  and  hereby  is  impowered  To  direct  all  such  Bills 
as  remain  to  be  drawn  by  virtue  of  said  Act  '  To  Jasper  Matiduit  E-q''  in  London' 
— leaving  out  the  remainder  of  the  direction  iirescribed  by  the  said  Act,  anything 
therein  to  the  contrary  notwithstanding. 

In  Council,  Read  &  Concurred.    Consented  to  by  the  Governor."— J6icZ.,  p.  38'J. 

Chap.  6.  "  Feb.  15,  1763.  A  Bill  intituled  'An  Act  for  repealing  the  several 
Laws  now  in  force  which  relate  to  Highways,  and  for  making  one  general  Act  of 
the  same' — having  passed  the  House  of  Representatives  to  be  engrossed.— In  Coun- 
cil Read  a  first  time  and  Committed  to  Samuel  Danforth  William  Brattle  and  John 
Choate  Esq''^  to  consider  and  report  thereon." — Council  Records,  vol.  XXIV.,  jo.  584. 

"  June  3, 17G3.  In  the  House  of  Representatives  Ordered  That  Col^  Clap,  Major 
Humphrey  and  Colo  Bagley  with  such  as  the  Honi^'^  Board  shall  join,  be  a  Commit- 
tee to  prepare  a  general  Bill  Relating  to  Highways  through  the  Province  and  make 
report. 

In  Council  Read  and  Concurred  and  Sam^  Danforth  and  John  Choat  Esq'^^  are 
joined  in  the  affair." — Ibid.,  vol.  XXV.,  p.  24. 

Chap.  7.  "Jan.  25,  1763.  A  Bill  intituled  An  Act  to  impower  the  Proprietors  of 
the  Meeting  House  in  Newbury  where  the  ReV^  Jonathan  Paisons  now  officiates  to 
raise  money  for  defreying  Ministerial  and  other  necessary  Charges — having  passed 
the  House  of  Representatives  to  be  Engrossed. — In  Council  Read  a  first  time :  And 
the  Question  being  put  Whether  this  Bill  have  a  second  Reading?  It  passed  in  the 
Negative." — Council  Records,  vol.  XXIV.,  j^-  517. 

"June  7,  1763.  A  Petition  of  the  Proprietors  of  the  Meeting  House  in  Newbury 
whereof  the  Rev^  M^  Jon''  Parsons  is  Minister.  Praying  that  they  may  be  enabled 
to  tax  the  Pews  in  said  House,  and  likewise  the  Persons  and  Estates  of  those  who 
occupy  the  same,  in  Order  to  raise  money  for  defreying  Ministerial  Charges.  In 
Council  Read  and  Ordered  That  the  Petitioners  serve  the  first  and  third  Parishes 
in  the  Town  of  Newbury,  each  with  a  copy  of  this  Petition,  and  of  the  Bill  therein 
referred  to  by  leaving  the  said  Copies  with  the  several  clerks  of  the  said  Parishes, 
that  they  shew  Cause  (if  any  they  have)  on  the  second  Wednesday  of  the  next 
sitting  of  this  Court  why  the  Prayer  thereof  should  not  be  granted.  In  the  House 
of  Representatives  Read  and  Concurred." — Ibid.,  vol.  XXV.,  i).  32. 

"Dec.  29,  1763.  The  following  Order  passed  on  the  Memorial  of  the  Proprietors 
of  the  Meeting  House  in  Newbury,  whereof  the  ReV^  M""  Jonathan  Parsons  is  Min- 
ister as  entred  the  of  June  last.  In  Council  Read  again  together  with  the 
answer.  And  Ordered  That  Benjamain  Lincoln  and  Harrison  Gray  Esq"  with  such 
as  the  honbie  House  shall  join  be  a  Committee  to  take  this  Petition,  with  the 
Answer  under  consideration,  hear  the  Parties  and  make  report.  In  the  House  of 
Representatives  Read  and  Concurred  and  M""  Lancaster,  M""  Tyler  and  M""  Belcher 
are  joined  in  the  Affair." — Ibid.,}).  103. 

"June  4,  1764.  A  Memorial  of  the  Elders  and  Members  of  the  Presbyterian 
Church  in  Newbury-Port,  praying  they  may  be  allowed  to  bring  in  a  Bill  to  Tax 
the  Pews  of  those  who  attend  said  Meeting. 

Read  and  Ordered,  That  the  Prayer  of  the  Memorial  be  granted,  and  that  a  Bill 
be  brought  in  accordingly." — House  Journal,  1764-65,  p.  25. 

Chap.  8.  "  June  10,  1762.  A  Petition  of  the  Inhabitants  of  Benardston— Set- 
ting forth,  the  very  great  difficulties  they  have  undergone  in  settling  the  said  place, 
which  has  been  very  much  exposed  to  the  Enemy,  which  has  at  times  obliged  them 
to  draw  into  Garrison,  and  kept  them  backward  in  their  Improvements:  And  Pray- 
ing that  their  Province  Tax  may  be  abated,  and  that  a  Tax  may  be  laid  on  their  lot- 


786  Peovince  Laws.— 17G4-65.  [Notes.] 

ted  Lands  for  three  Years  to  enable  tliem  to  pay  tlieir  Minister  Lis  Settlement  and 
Salary.— 

In  the  House  of  Representatives  Read  and  Ordered  Tliat  the  Petitioners  serve  the 
nonresident  Proprietors  of  Bernardston  with  a  copy  of  this  Petiiion  by  inserting 
the  substance  thereof  in  all  the  Uoston  News  Papers  three  weeks  successively,  that 
they  shew  cause  (if  any  they  have)  on  tlie  second  Wednesday  of  the  next  Sitting  of 
this  Court  why  the  Prayer  thereof  should  not  be  granted.  In  Council  Read  and 
Concurred."— CoM«ci7  Records,  vol.  XXIV., p.  422. 

Chap.  12.  "  Jan.  19,  17G4.  The  following  Order  passed  on  the  Petition  of  a  num- 
ter  of  the  Inhabitants  of  Marblehead,  respecting  ftlea^^ures  to  prevent  the  Small 
Pox,  viz'  In  the  House  of  Representatives,  Ordered  That  the  Selectmen  of  the 
Town  of  Marblehead  be,  and  hereby  are  impowered  to  Erect  a  Fence  across  the 
Highway  in  Marblehead  for  the  purpose  aforesaid  in  the  place  where  it  was  erected 
for  the  same  purpose  in  the  year  1752;  and  continue  the  same  there  untill  the  first 
day  of  June  next.  And  that  the  Selectmen  of  Marblehead  and  the  Justices  of  the 
peace  in  that  Town,  be,  and  hereby  are  impowered  at  the  Charge  of  the  Town  to 
set  up  and  keep  a  suitable  Watch  or  Watches  at  the  place  aforesaid  until  the  said 
first  day  of  June  next:  And  that  the  said  Watch  or  Watcheri  be,  and  hereby  are 
impowered  to  examine  all  such  Persons  as  shall  attempt  to  go  into  said  Town  of 
Marblehead,  from  whence  tliey  came  and  the  occasion  of  their  going  into  the 
Town:  and  to  prevent  all  persons  Goods  and  Chatties  going  or  being  carried  into  the 
Town  of  Marblehead,  if  the  Watch  shall  judge  there  is  danger  of  the  Small  Pox  being 
carried  into  the  Town  thereby.    In  Council." — Council  L'evorch,  vol.  XXV.,  p.  13U. 

"Jan.  21,  1704.  In  the  House  of  Representatives,  Resolved  for  preventing  the 
Small  Pox  being  carried  into  the  Town  of  Salem,  that  the  Selectmen  of  said  Town 
be,  and  they  hereby  are  impowered  to  erect  Fences  across  the  Highways  leading 
into  said  Town  in  such  places  as  they  may  thinlc  convenient  and  necessary  for  the 
purpose  aforesaid  and  continue  the  same  until  the  first  day  of  June  next.  And  that 
the  Justices  of  the  Peace  in  said  Salem  and  the  Selectmen  of  that  Town  be,  and 
they  hereby  are  impowered  at  the  Charge  of  the  Town  to  set  up  and  Icecp  suitable 
Watches  at  the  places  where  said  Fences  may  be  erected  until  the  said  first  day  of 
June:  And  that  the  said  Watches,  be,  and  hereby  are  impowered  to  Examine  all 
such  Persons  as  shall  attempt  to  go  into  said  Town  of  Salem  from  whence  they 
came,  and  the  occasion  of  their  going  into  the  Town;  and  to  prevent  all  Persons, 
Goods  and  Chatties  going,  or  being  carried  into  the  Town  of  Salem  if  said  Watch 
shall  judge  there  is  danger  of  the  Small  Pox  being  carried  into  the  Town  thereby. 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  141. 

"  Jan.  21,  1764.  In  Council  Voted  That  Thomas  Hutchinson,  William  Brattile, 
Israel  Williams  and  John  Choate  Esq"*  with  such  as  the  Honourable  House  shall 
join  be  a  Committee  to  prepare  and  bring  in  a  Bill  in  addition  to  the  Laws  already 
made  for  preventing  the  spreading  of  the  small  pox  and  other  enfectious  distempers. 

In  the  House  of  Representatives  Read  and  Concurred  and  CoW  Clapji,  Colo 
Dwight,  Docf  Smith,  M''  Otis  and  M''  Tyler  are  joined  in  tlie  Aifair." — Ibid.,  p.  143. 

"  Jan.  25,  17G4.  In  the  House  of  Representatives:  Resolved  for  preventing  the 
Small  pox  being  carried  into  any  of  tlie  Towns  and  Districts  within  this  Province 
that  the  Selectmen  of  the  several  Towns  and  Districts  in  this  Province  be,  and  they 
are  hereby  impowered  to  erect  Fences  across  the  Highways  leading  into  said  Towns 
and  Districts,  as  they  may  think  couA-enient  and  necessary,  and  continue  the  same 
till  the  first  day  of  June  next,  and  that  the  Justices  of  Peace  and  Selectmen  in  each 
Town  and  District  respectively  be,  and  they  are  hereby  impowered  at  the  charge  of 
their  respective  Towns  and  Districts  to  set  up  and  keep  suitable  Watches  at  the 
places  where  such  Fences  shall  be  erected,  until  the  said  first  day  of  June,  and  that 
the  said  Watch  be,  and  herebj'  are  impowered  to  examine  all  such  persons,  as  shall 
attempt  to  go  into  said  Towns  or  Districts  relative  to  such  matters  as  may  tend  to 
discover  whether  there  be  danger  of  spreading  the  Small  pox;  and  to  prevent  all 
Persons,  Goods  or  Chatties  going  or  being  carried  into  such  Towns  or  Districts,  if 
the  said  Watch  shall  judge  there  be  any  danger  thereof,  until  information  of  such 
Prevention  can  be  given  to  the  Selectmen  of  such  Town  or  District,  or  to  some 
Justice  of  Peace;  who  shall  thereupon  immediately  give  such  Order  in  tlie  premises 
as  tliey  shall  judge  fitting  and  safe. 

In  Council  Read  and  Concurred." — Ibid.,  p.  151. 

"Junes,  17G4.  James  Otis  Esq'' from  the  House  of  Representatives  came  up  to 
the  Board  on  a  Message  to  acquaint  them  that  as  the  Small  pox  is  supposed  to  be 
in  the  neighbourhood  of  Concord  the  House  had  agreed  that  all  matters  of  a  private 
nature  be  referred  to  the  next  Session,  and  to  desire  that  the  Board  would  agree 
with  them  tlierein." — Ibid  ,  p.  221. 

"  June  a,  1704.  In  the  House  of  Representatives.  Resolved  That  the  Selectmen 
of  the  Town  of  Marblehead  be  and  hereby  are  impowered  to  erect  a  Fence  across 
the  Highway  leading  into  said  Town  in  the  same  place  where  it  was  erected  in  the 
year  1752  to  prevent  the  spreading  of  the  Small  pox  in  said  Town,  and  to  continue 
said  Fence  until  the  first  day  of  September  next,  and  that  the  Selectmen  of  said 
Town  be  and  hereby  are  impowered  to  appoint  and  set  up,  at  the  chai'ge  of  said 
Town,  a  suitable  Watch  at  the  place  aforementioned,  which  Watch  shall  be 
imjjowered  to  examine  all  such  persons  as  shall  attempt  to  go  into  said  Town 
of  Marblehead  from  wlience  they  came,  and  to  prevent  all  Persons,  Goods  and 
Baggage  from  going  or  being  carried  into  said  Town  of  Marblehead,  if  said  Watch 
shall  judge  there  is  danger  of  the  Small  pox  being  carried  into  said  Town  thereby, 
for  a  space  of  time  not  exceeding  one  hour,  within  which  time  the  said  Watch  shall 
notify  some  one  of  the  Justices  of  the  Peace  or  the  Selectmen  of  said  Town,  who 
shall  have  power  to  demand  a  declaration  upon  Oath  of  such  Person  or  Persons 


[Notes.]  Province  Laws. — 1764-65.  787 

desiring  Admission,  that  neitlier  themselves  nor  Goods  have  been  lately  so  near 
any  place  infected  with  the  Small  pox,  so  as  to  endanger  any  persons  taking  said 
Distemper  from  them,  and  upon  the  refusal  of  sucli  persons  to  take  said  Oath,  to 
prevent  tliera  from  entring  into  said  Town,  and  if  such  declaration  he  not 
demanded  within  one  hour  from  such  Persons  coming  and  demanding  admission 
from  said  Watch,  then  and  in  that  case  there  shall  be  no  further  Obstruction  to 
them  or  their  Baggage  from  entring  into  said  Town. 
In  Council  Read  and  Concurred.    Consented  to  by  the  Governor."— 7ii/fL,  p.  245. 

Chap.  13.  The  passage  of  this  act  was  the  result  of  repeated  applications  to  the 
General  Court,  during  the  period  of  about  five  years,  by  a  large  number,  if  not  a 
majority,  of  the  male  inhabitants  of  the  plantation  of  Narragansett,  No.  7,  whose 
efforts  to  secure  an  act  of  incorporation  were  strenuously  opposed  by  a  large 
minority  of  the  qualified  voters  among  the  actual  settlers.  The  contention  between 
these  parties  seems  to  have  begun  in  the  opposition  of  the  petitioners  for  incorpora- 
tion, to  Mr.  Solomon  Lombard  who,  in  1750,  was  settled  as  the  regular  minister  of 
the  plantation. 

In  December,  1759,  these  petitioners  applied  to  the  general  court,  to  be  incor- 
jDorated  into  a  town,  alleging  that  the  inhabitants  of  the  plantation  had  increased 
to  sixty  families,  and  that,  by  the  discontinuance  of  the  aid  hitherto  granted  by  the 
nou-resident  proprietors,  and  for  want  of  proper  authoritj'  to  assess  and  collect  the 
necessary  funds,  they  had  no  meeting-house  nor  schools;  that  their  highways  were 
neglected,  their  cattle  and  fences  without  regulation,  ami  that  disorderly  poor  were 
coming  in  among  them.  This  petition  was  signed  by  Edmund  and  John  Phinney 
and  thirty-sis  others. 

On  this  petition,  tlie  General  Court  at  their  third  session  (1759-GO),  ordered  notice 
to  the  non-resident  proprietors.  The  petition  was  again  read  in  the  fourth  session, 
together  with  the  answer  hereinafter  described;  but  no  further  action  was  hail 
iipon  it  until  the  first  session  of  the  next  year,  when  the  petition  and  answer  were 
referred  to  a  joint  committee,  June  5,  17G0.  The  answer  bears  date  March  24,  ITCO, 
and  is  signed  by  Jacob  Hamblen  and  Hugh  McLellan,  who  claim  to  be  a  committee 
of  the  '•  well  affected,  who  are  heartily  well  wishers  to  government  and  fully 
attached  to  the  constitution  of  our  churches,  and  bear  a  true  affection  to  a  learned 
ministry  and  have  not  the  least  inclinatii)n  to  prove  prejudicial  to  any  public 
interest  nor  prevent  the  exercise  of  any  power  that  may  be  for  the  real  benefit  and 
peace  of  society  nor  prevent  any  power  lodged  in  any  hands  that  may  answer  the 
ends  of  government;  viz.,  God's  glory  and  the  good  of  men." 

The  reasons  alleged  by  these  remonstrants  why  the  prayer  of  the  petitioners 
should  not  be  granted,  are,  brietlj',  the  poverty  of  the  inhabitants,  and  their  conse- 
quent inability  to  pay  province,  county  and  town  taxes;  the  spirit  of  hostility 
manifested  by  the  petitioners,  towards  the  remonstrants  and  the  non-resident  pro- 
prietors, and  the  expensive  liti^jation  that  would  result  therefrom,  at  the  common 
expense,  as  soon  as  they  should  be  incorporated;  and,  finally,  the  expense  to  which 
the  remonstrants  would  be  subjected  in  being  forced  to  contribute  towards  building 
a  meeting-liouse  other  than  that  which  the  proprietors  were  already  obliged  to 
build  by  the  terms  of  the  original  grant. 

Up  to  this  time,  the  inhabitants  had  met,  for  the  transaction  of  their  religious 
and  secular  affairs,  in  the  Hanker  of  the  fort  built  for  their  protection  agiiinst  tlie 
hostile  French  and  Indians;  and  it  seems  to  have  been  generally  understood  that 
the  exposed  situation  of  this  settlement,  on  the  frontier,  was  a  sufficient  excuse  for 
non-compliance,  by  the  proprietors,  witli  the  condition  requiring  them  to  build  any 
other  structure,  as  a  meeting-house,  during  the  continuance  of  the  war  with  France. 

As  early  as  1757,  Mr.  Lombard  had  become  obnoxious  to  those  of  his  parishioners 
who  now  asked  for  an  act  of  incorporation,  on  account  of  his  conduct  in  the  discipline 
of  his  church,  which,  it  was  alleged,  had  had  such  an  evil  tendency  tliat  it  had 
weaned  their  "  affections  from  him  and  in  a  great  measure  spoilt  his  usefulness  to- 
wards" them.  They  also  charged  him  with  lomenting  quarrels  among  neighbors, 
and  of  neglecting  his  official  duties,  to  engage  iu  secular  business,  for  his  private 
benefit.  Being  unable  to  secure  the  dismissal  of  Mr.  Lombard,  tliese  disaffected 
parishioners  seceded  from  the  church  at  the  fort,  and  set  up  a  separate  congrega- 
tion, over  wJiich  they  installed,  as  minister,  Mr.  Towuseml,*  a  laj'man,— ordaining 
him,  Apiil  4,  1759,  by  the  primitive  congregational  method,  without  the  aid  of  the 
neighboring  ministers  and  churches,  who  declined  to  assist  therein. 

Such  was  the  state  of  affairs  among  the  inhabitants  of  the  plantation  at  the  time 
the  petition  first  above  alluded  to  was  presented  to  the  General  Court.  Upon  the 
merits  of  this  controversy,  the  nou-resident  in'oprietors  were  divided  in  opinion; 
and  of  these,  James  Bryant  and  eight  others  favored  the  petitioners,  and  John 
Waite,  Wm.  Cotton  and  Joshua  Bangs,  who  professed  to  sign  in  behalf  of  all  the 
non-resident  proprietors,  favored  the  remonstrants. 

After  a  full  hearing,  the  i)etition  was,  by  a  concurrent  vote  of  the  Assembly,  or- 
dered to  be  dismissed,  June  10,  17G0. 

The  petitioners  made  another  effort,  in  November,  1761,  to  secure  an  act  of  in- 
corporation, in  a  petition  signed  by  John  Phinney,  Bryant  Morton,  Richard 
Edwards  and  forty-one  others.  In  this  petition  they  ask  permission  to  renew  their 
former  petition,  for  the  reason  tliat,  by  the  tax  act  of  17(51-62,  the  assessors  of  the 
tax  therein  laid  on  the  inhabitants  of  the  plantation,  were  required  to  be  paid  for 
their  services,  by  the  town  treasurer;  an  officer  they  had  no  authority  to  choose 
Avithout  an  act  of  incorporation.  They  alleged,  as  further  reasons  for  granting 
their  prayer,  that  since  their  former  petition  they  had  built  a  meeting-house,  wliich 
tlie  proprietors  had  still  neglected  to  do,  and  that  their  population  had  increased  to 
eighty  families. 

*  See  Pierce's  History  of  (iorham. 


788  Peovince  Laws.— 1764-65.  [Notes.] 

Tliis  petition  was  opposed  in  a  remonstrance  hy  the  "  well  affected,"— confes- 
sedly a  minority,  and  representing  "about  thirty  or  five  and  tliirty  mails  from  six- 
teen years  old  and  upwards."  This  paper  is  in  the  liandwriling  of  Lombard,  and 
signed  by  him,  John  M'^Daniel,  and  thirty  others. 

The  proceedings  on  this  last  petition  are  evidently  not  all  recorded.  It  appears 
to  have  been  presented  at  the  May  session,  17(52-03,  and  was,  probably,  dismissed, 
either  during  that,  or  the  next  session;  for  we  find,  at  the  third  session,  both  the 
petition  and  remonstrance  read  again,  revived  and  dismissed,  by  a  concurrent 
vote.  The  next  that  appears  of  record  in  tliis  matter  is  the  following  entry;  from 
which  it  is  inferred  that  either  the  dismissed  petition  was  again  revived,  or  a  new 
one  presented,  in  the  second  session  of  17G3-tJ4,  the  tiles  of  which  session  were  unfor- 
tunately consumed  in  the  fire  wliitih  destroyed  tlie  new  college  at  Cambridge, 
where  the  General  Court  was  held: — 

"  Dec.  27, 17()3.  Upon  the  Petition  of  a  Number  of  the  Inhabitants  of  Narraganset, 
No  7,  alias  Gorhani  Town  in  the  County  of  Cumberland,  praj'ing  that  they  might 
be  erected  into  a  Township,  the  following  Order  passed  viz' 

In  Council  Read  and  Ordered  That  the  Petitioners  serve  Solomon  Lombard  Esq"" 
one  of  the  principal  Inhabitants  of  Gorliam  Town  with  a  Copy  of  this  Petition,  that 
so  he  and  the  other  Inhabitants,  Non  Petitioners  shew  cause  (if  any  they  have)  on 
the  last  Wednesday  of  January  next  why  the  Prayer  thereof  should  not  be  granted. 

In  the  House  of  Representatives;  Read  and  Nonconcurred  and  the  Petitioners 
are  allowed  to  bring  in  a  Bill  for  the  purposes  mentioned. 

In  Council  Read  and  and  Concurred."— Co?/7?(v7  Records,  vol.  XXV.,  2^-  98. 

This  petition  seems,  by  the  following  entry  in  the  journal  of  tlie  House,  under 
date  of  June  4,  1764,  to  have  been  renewed  at  the  next  May  session :  — 

"  A  Petition  of  a  Number  of  Inhabitants  of  a  Place  called  Gorham-Town,  praying 
they  may  be  incorporated  into  a  Townsliip  for  the  Reasons  mentioned. 

Read  and  so  far  granted,  as  that  the  Petitioners  be  allowed  to  prepare  the  draft  of 
a  Bill  for  that  purpose,  and  make  Report." 

Chap.  17.  Distance  from  the  shire  towns,  and  the  inconvenient  seasons  at  which 
the  terms  of  court  were  held,  led  to  petitions  from  several  towns  in  Worcester, 
Hampshire  and  Middlesex,  for  either  the  establishment  of  new  times  and  places  for 
holding  the  superior  court  and  inferior  courts  of  common  pleas,  or  the  erection  of 
new  counties,  by  division  of  the  old  ones.  In  some  instances,  the  petitioning  towns 
irnited  in  the  appointment  of  agents,  to  urge  their  petitions,  and  secure  a  redress  of 
their  grievances,  in  the  general  court.  Except  in  the  case  of  Middlesex  county, 
these  petitions,  although  they  were  received,  and  notice  ordered  to  be  given  upon 
them,  seem  not  to  have  been  pressed  further;  possibly-  because  this  chapter,  and 
chapter  20,  of  this  year,  made  such  changes  in  the  times  for  holding  the  courts,  as 
were  satisfactory  to  the  petitioners,  or  because  their  respective  petitions,  and  the 
accompanying  papers,  were  destroyed  by  fire,  with  other  public  documents,  when 
the  new  college-building  was  consumed. ' 

As  early  as  January,  1764,  a  committee  appointed  to  prepare  a  bill  for  altering  the 
times  for  holding  the  common-law  courts  in  the  county  of  Middlesex,  had  reported 
the  draught  of  a  bill,  which  was  referred  to  the  next  May  session,  in  order  that  sev- 
eral towns,  in  that  county,  which  had  not  joined  in  the  petition,  u.iight  be  apprized 
of  the  movement.  This  bill  related  only  to  the  superior  court  of  judicature,  court 
of  assize  and  general  gaol  delivery,  and  provided  for  changing  the  place  of  holding 
said  court,  from  Charlestown  to  Concord. 

At  the  May  session,  1764,  the  report  of  this  committee  was  again  continued,  and 
further  notice  was  ordered  to  be  given  to  the  towns  of  Middlesex.  No  further  ac- 
tion on  this  report  has  been  discovered. 

At  the  third  session  of  the  general  court,  this  year,  a  joint  committee  was  ap- 
pointed "  to  prepare  the  draught  of  a  bill  for  altering  the  time  for  holding  several 
of  the  courts  throughout  the  province."  This  committee  was  subsequently  en- 
larged, and  reported  a  bill  to  the  Council,  the  2d  of  February.  This  bill,  which 
was  identical  with  the  present  chapter,  had  reached  the  House,  and  there  passed 
through  its  several  stages,  to  be  enacted,  by  Feb.  7,  on  which  day  tlie  House  also 
ordered  that  it  be  i^rinted  in  all  the  Boston  newspapers.  It  was  passed  to  be  enacted 
by  the  Council  on  the  11th,  and  was  signed  by  the  Governor  on  the  12th,  of  February. 

In  the  mean  time  the  agents  of  sundry  towns  in  Middlesex  had  renewed  their 
petition  to  be  set  off  as  a  new  county,  and  a  committee  had  been  appointed  to  hear 
the  parties  and  make  report.  Although  the  records  fail  to  show  the  final  action  on 
this  petition,  it  appears,  by  the  following  petition,  that  it  was  dismissed,  and  that, 
thereupon,  the  petitioners  joined  in  asking  that  one  term  of  the  court  of  common 
pleas  might  be  held,  annually,  in  or  near  the  town  of  Groton.  By  the  non-concur- 
rence of  the  Council,  this  measure  also  failed. 

"  Province  of  the     I 

Massachusetts  Bay  j  To  his  Excellency  Francis  Bernard  Esq""  Captain  General 
and  Govener  in  Cheiff  in  and  over  his  Majestys  s''  Province  and  to  the  Honourable 
Council  and  house  of  Represantatives  in  General  Court  assembled  at  Boston  Feb- 
ruary A.D.  1765. 

Humbly  Shews— The  Subscribers  agents  for  the  Several  Towns  in  the  County  of 
Middlesex,  that  they  in  behalf  of  their  Constituents  in  February  A.D.  1764,  Per- 
fered  a  Petition  to  the  General  Court  then  Sitting;  Shewing  forth  the  Disadvan- 
tages the  said  Towns  and  others  Laboured  under  by  reason  of  tlieir  Great  distance 
from  the  Several  Courts  of  Justice  in  the  said  County  of  middlesex  and  other  rea- 
sons mentioned  in  said  Petition,  the  Petition  was  Taken  under  Consideration  at  the 
last  may  session  when  this  Honourable  Court  ordered  that  the  several  Towns  in 
the  Countys  of  middlesex,  and  Worcester  should  be  Notified,  which  was  done  in  the 


[Notes.]  Provhstce  Laws. — 1764-65.  789 

Publick  Prints,  that  at  this  Present  Session  the  sa[id]  Petition  was  Taken  under 
Consideration  and  a  Com"ee  Chosen  to  Examine  into  y<^  afair  which  has  been  done 
and  as  Your  memorialist  are  Informed  the  Majority  of  the  Com"''*  aprreed  and  there- 
upon Reported  that  y«  s^  Petition  should  bee  Dismissed  wliich  report  as  Your  me- 
morialist are  Informed  is  accepted  by  the  Honourable  Board  (how  True  we  dont 
know)  but  if  it  Should  so  happen,  we  Pray  this  Hon^ie  house  not  to  accept  of  Said 
report,  how  Ever  if  we  Should  be  so  unfourtunate  as  not  to  have  the  Prayer  of 
Said  Petition  Granted  we  Earnestly  Pray  that  they  may  at  Least  be  so  far  releived 
as  that  one  Inferiour  Court  may  be  held  in  or  near  the  town  of  Grotou  in  s<i  County 
and  that  the  Inhabitants  of  the  northerly  part  of  Said  County  of  middlesex  may 
be  otherwise  releived  in  regard  to  the  Transacting  their  Publick  afairs  as  much  as 
Possibley  may  be  and  Your  Petitioners  in  behalf  of  themselves  and  Constituents  as 
in  duty  Bound  shall  Ever  Pray  Abel  Lawrence 

BENiAMiN  Brooks  James  Puescott 

Jonathan  Lawrance    Jonas  Cutler 
Ephm  Hildreth  Oliver  Prescott 

Jonas  Prescott  W^'  Prescott 

In  the  House  of  Rep^^s  Feby  8  1765    Read  and  Ordered  that  the  Pefs  serve  the 
several  Towns  concerned  in  the  event  of  this  Petition  with  copies  thereof  that  so 
they  shew  cause  if  any  they  have  why  the  prayer  thereof  should  not  be  granted 
Sent  up  for  concurrence 

James  Otis    Si>eak''  pro.  Tempore 
In  Council  Febry  15.  1765.    Read  and  Nonconcurred. 

A.  Oliver     Sec." — Mass.  Archives, 
vol.  44,  p.  540. 

Chap.  18.  "  June  9,  1761.  A  Petition  of  a  number  of  Inhabitants  of  Leicester 
and  Rutland — Setting  forth — the  great  inconveniencies  they  labour  under  by  living 
at  a  distance,  from  three  to  five  miles  from  the  place  of  public  Worship;  And  Praying 
they  may  be  erected  into  a  seperate  Town  or  District  by  certain  metes  and  bounds 
in  said  Petition  mentioned. —  In  the  House  of  Representatives  Read  and  Ordered 
That  the  Petitioners  serve  the  Towns  of  Leicester  and  Rutland  with  copies  of  this 
Petition  that  so  the3-  respectively  shew  cause  (if  any  they  have)  on  the  second 
Wednesday  of  the  next  Sitting  of  this  Court  why  the  Prayer  thereof  should  not  be 
granted,    tu  Council  Read  and  Concurred." — Council  Records,  vol.  XXIV.,  p.  28. 

"  June  12,  1762.  A  Petition  of  Joazaniah  How  and  others  of  Leicester,  Praying 
to  be  erected  into  a  Town,  District  or  Parish,  so  that  they  may  be  enabled  to  carry 
on  the  Public  Worship  of  God  among  themselves  or  that  a  Committee  may  be  sent 
to  view  the  circumstances. of  the  Petitioners,  that  so  they  may  obtain  Relief. — 

In  the  House  of  Representatives  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  second  Wednesday  of  the  next  Sitting  of  this  Court 
why  the  Prayer  thereof  should  not  be  granted. 

In  Council  Read  and  Nonconcurred." — Ibid.,  p.  434. 

"  June  10,  1763.  A  Petition  of  a  Number  of  the  Inhabitants  of  the  North  part  of 
the  Settlers  part  of  Leicestor,  and  of  some  otliers  Inhabitants  of  the  Southerly  Part 
of  Rutland — Setting  forth  That  the  difficulties  they  Labor  under  in  attending  the 
Public  Worship  in  the  respective  Towns  they  belong  to.  And  Praying  to  be  erected 
into  a  separate  Town  or  District,  and  further  representing  That  the  Land  Prayed 
for  lying  in  Leicester  was  set  off  by  a  Town  Vote  for  the  ends  proposed  at  a  Town 
Meeting  held  on  the  10"^  day  of  May  last. 

In  the  House  of  Representatives  Read  &  Ordered  That  the  Petitioners  serve 
the  Town  Clerk  of  Rutland  with  a  Copy  of  this  Petition,  that  they  shew  Cause  (if 
any  they  have)  on  the  second  Thursday  of  the  next  Session  of  this  Court  why  the 
prayer  thereof  should  not  be  granted. 

In  Council  Read  &  Concurred." — Ibid.,  vol.  XXV.,  fi.  51. 

"  June  14, 1764.  A  Petition  of  Oliver  Witt  and  Others,  Inhabitants,  some  of  them 
of  Leicester,  and  Others  of  Rutland— Setting  forth  the  great  difficulties  they  labour 
under  by  living  at  such  a  distance  from  the  place  of  Public  Worship  in  the  several 
Towns  to  which  they  belong;  none  of  them  being  less  thau  three  miles  distant,  one 
only  excepted,  some  of  them  four,  and  many  of  them  five  miles  distant,  and  the 
way  bad.  And  Praying  that  they  may  be  erected  into  a  distinct  Town,  District  or 
Precinct  by  certain  bounds  in  their  said  Petition  mentioned. 

In  the  House  of  Representatives  Read  and  Ordered  That  M"'  Foster  of  Brookfield 
and  Col"  Williams  with  such  as  the  honorable  Board  shall  join  be  a  Committee  in 
the  recess  of  the  Court  to  repair  to  the  place  petitioned  for  to  be  erected  into  a  Par- 
ish, at  the  charge  of  the  Petitioners.  And  that  tliey  hear  all  Parties  interested  for 
or  against  the  said  incorporation  and  report  at  the  next  Session  whether  the  Prayer 
thereof  should  be  granted. 

In  Council  Read  and  Concurred  and  Benjamin  Lincoln  Esq""  is  joined  in  the  A.i- 
faiv."— Ibid.,  p.  269. 

"  Jan.  25,  1765.  a  Petition  of  a  number  of  the  Inhabitants  of  the  North  part  of 
the  Town  of  Leicester  and  of  the  South  part  of  the  Town  of  Rutlaiul  praying  to  be 
erected  into  a  Town  or  District  as  entered  the  14'ii  June  last,  and  having  been  then 
Committed  to  a  Committee  of  both  Houses:  the  said  Committee  now  made  Report; 
and  thereupon  the  following  Order  passed  viz' — 

In  Council,  Read  and  Accepted:  And  Ordered  that  the  Petitioners  have  liberty  to 
bring  in  a  Bill  accordingly. 

In  the  House  of  Representatives,  Read  and  Concurred." — Ibid.,  p.  356. 

Chap.  20.     "Feb.  4,  1765.    In  Council.     Whereas  the  Court  of  General  Sessions 


790  Province  Laws. — 1764-6-5.  [Notes.] 

of  the  Peace  and  Inferior  Court  of  Common  Pleas.  whicTi  "by  Law  were  to  be  held 
at  York  for  the  County  of  York  on  tlie  first  tuesilay  of  January  last  past,  ncnv 
stand  adjourned  by  the  Justices  of  said  Courts  to  tlie  twenty  sixth  day  of  February 
Instant;  and  diverse  of  the  Justires  of  said  Courts  and  other  persons  who  are  con- 
cerned in  business  tliere  are  Members  of  this  Court:  and  the  important  Affairs  of 
the  Province  now  depending  require  tlieir  attendance. 

"Wherefore  Ordered  That  the  said  Court  of  General  Sessions  of  the  Peace  and 
Inferior  Court  of  Common  Pleas,  which  by  Law  were  to  be  held  at  York  in  January 
last,  and  now  stand  Adjourned  as  aforesaid,  be  and  hereby  are  further  adjourned  to 
the  first  Tuesday  in  April  next,  to  be  held  at  the  Court  House  in  the  said  Town  of 
York  and  all  Pleas,  Writs,  Actions,  Suits,  Complaints  Processes,  Precepts  Hecog- 
nizances  and  other  thing  and  things  whatsoever  returnable  and  having  day  or  days 
in  the  said  Courts,  shall  stand,  abide  and  continue  unto  the  said  Adjournment,  and 
be  held  deemed  and  adjudged  to  be  as  good  effectual  and  available  in  Law  to  all 
intents  and  purposes  whatsoever,  as  if  such  Courts  had  been  held  and  kept  on  the 
day  by  Law  for  holding  the  same,  and  no  Adjournment  thereof  had  been  made. 

Iq  the  House  of  Ilepresentatives,  Read  and  Concurred 

Consented  to  by  the  Governor."— Coioid^  Records,  vol.  XXV.,  p.  376. 

'*  Feb.  15, 17(55.  In  the  House  of  Representatives.  Whereas  the  Court  of  Gen- 
eral Sessions  of  the  Peace  and  Inferior  Court  of  Common  Pleas  Ijy  Lavv'  arc  to  be 
holden  at  Pittsfield  in  the  County  of  Berkshire  on  the  first  Tuesday  of  iMarch  next. 
And  whereas  the  business  that  will  probably  be  to  be  transacted  at  said  Court  will 
not  be  very  considerable,  nor  the  immediate  dispatch  of  it  any  way  equal  to  the 
extraordinary  dit3aculty  and  expence  of  attending  the  said  Court  there  at  so  dilhi^ult 
a  time  of  travelling  as  is  then  like  to  be.  And  whereas  the  ill  health  of  some  of 
the  Justices  of  the  said  Court  may  probably  ijrevent  their  attendance  at  that  time. 

Therefore  Ordered  that  the  Court  of  General  Sessions  of  the  Peace  antl  Inferior 
Court  of  Common  Pleas,  which  by  Law  are  to  be  holden  at  said  PirtsHeLl  o:i  the 
first  Tuesday  of  Mandi  next,  be  and  hereby  are  Adjourned  to  the  last  Tuesday  of 
April  next,  then  to  be  held  at  the  Court  House  in  Great  Barrington  in  said  County, 
at  ten  of  the  Clock  in  the  forenoon  of  said  day.  And  that  all  Pleas,  Writs,  Actions, 
Suits,  Complaints,  Processes,  Precepts,  Recognizances  and  other  thing  and  things 
whatsoever  returnable  and  having  day  or  days  in  the  said  Court,  shall  stand,  abide 
and  continue  unto  the  said  Adjournment  to  the  time  &  place  last  aforesaid,  and 
be  held  deeni'd  and  Adjudged  to  be  as  good,  effectual  and  available  in  Law  to  all 
intents  and  purjioses  whatsoever  as  if  such  Courts  had  not  *  been  kept  &  held  on  the 
day  and  at  the  place  aforesaid  by  Law  appointed  for  holding  the  same,  and  no 
Adjournment  thereof  had  been  made. 

In  CoTincil,  Read  and  Concurred.    Consented  to  by  the  Governor." — Ibid., p.  409. 

See,  also,  chapter  17,  ante. 

Chap.  21.  "Jan.  28,  1705.  a  Petition  of  the  pi'oprietors  of  a  new  plantation 
called  Royalshire  Setting  forth— That  they  have  near  compleated  the  Settlement  of 
the  said  plantation;  and  praying  that  the  said  Plantation  may  be  erected  into  a 
Town. 

In  the  House  of  Representatives,  Read  &  Ordered,  That  the  Proprietors  have 
liberty  to  bring  in  a  Bill  for  the  purposes  abovementioned. 

In  Council  Read,  and  Concurred." — Council  Records,  vol.  XXV.,  jy.  360, 

Chap.  22.  "June  7,  1763.  A  Petition  of  the  Inhabitants  of  Dorchester  Canada 
in  the  County  of  "Worcester.  Praying  That  they  may  be  incorporated  into  a  Town 
and  that  they  may  have  liberty  to  lay  a  Tax  of  2^  :^<i  pr :  Acre  on  all  the  Lands  in  said 
Township  for  defreying  the  necessary  Charges  thereof. 

In  the  House  of  Representatives  Read  and  Resolved  That  the  Plantation  called 
Dorchester  Canada  with  the  Several  Farms  therein  contained  be  incorporated  into 
a  Town;  and  the  Petitioners  are  allowed  to  bring  in  a  Bill  accordingly.  Resolved 
also  that  the  Petitioners  Notify  the  proprietors  of  all  the  Lands  lying  within  the 
Bounds  of  said  Dorchester  Canada  to  shew  Cause  (if  any  they  have)  on  the  second 
"Wednesday  of  the  next  Sitting  of  this  Court  why  the  Tax  prayed  for  in  this  Peti- 
tion should  not  be  granted  by  inserting  the  substance  thereof  in  one  or  more  of  the 
Boston  weekly  News  Papers  three  weeks  successively. 

In  Council  Read  and  Concurred." — Council  Records,  vol.  XXV.,  p.  37. 

Chap.  26.  "  This  is  a  temporary  Act  which  is  frequently  renewed.  There  are  some 
alterations  &  additions  which  makes  this  Act  different  from  the  former,  which  it 
is  not  worth  while  to  trouble  yoitr  Lordships  with.  I  have  before  observed  to 
Your  Lordships  that  there  is  a  perpetual  Act  for  fees  which  this  temporary  Act 
differs  from  and  thereby  partially  repeals  the  perpetual  Act.  This  is  an  irregular- 
ity: but  it  has  subsisted  so  long  before  my  time,  that  I  cant  take  exception  to  it. 
This  Act  is  enacted  only  for  three  years."— Gow.  Bernard  to  Lords  of  Trade,  Apr.  8, 
1765:  "  Mass.  Bay,  B.  T.,"  vol.  78,  L.  I.,  79,  in  Fvblic-Record  Office. 

"This  Act  regulating  the  Fees  of  the  several  Officers  within  this  Province  assigns 
no  reason  for  the  passing  the  same,  And  the  propriety  of  it  must  be  submitted  to 
Your  Lordships." — Sir  31.  Lamb's  Report,  June  30, 1766:  ibid.,  vol.  79,  M.  m.,  55. 

Chap.  28.    "  June  2,  1763.    The  Secretary  delivered  the  following  Message  from 
his  Excellency  the  Governor  to  the  two  Houses  respectively  viz' 
Gentlemen  of  the  Council  and  Gentlemen  of  the  House  of  Representatives 
I  am  directed  by  the  Lords  of  Trade  to  take  a  particular  Account  of  the  number 

*  Sic:  " had  been  kept,"  &c.? 


[XoTES.]  PnovixcE  Laws. — 1704-65.  791 

of  the  People  of  this  Pri)vince  with  all  iiroper  distintious  thereof  I  am  desirous 
to  have  this  doue  with  the  utmost  exactness,  as  such  information  will  be  of  great 
use  to  the  Goveiumeut  of  this  Province  as  well  as  to  his  Majesty's  Ministers.  I 
therefore  propose  to  have  the  returns  of  the  several  Towns  made  upon  oath  accord- 
ing to  a  form  to  be  issued  for  that  purpose.  And  as  I  apprehend  these  orders  will 
be  more  effectual,  if  they  are  issued  under  the  authority  of  the  whole  Legislature; 
J  recommend  this  affair  to  your  consideration.  Fra^  Bernakd." — Council 

lierords,  vol.  XX  T. ,  p.  22. 

"  June  3, 1763.  On  his  Excellency's  Message  of  yesterday.  In  the  House  of  Rep- 
resentatives. Read  and  Ordered  that  M''  Speaker,  Major  Morey,  Judge  Russell, 
Mr  Otis,  Ml"  Trowbridge,  M''  Foster  of  Plymouth  and  M^  Tyler  with  such  as  the 
Hou'J''^  Board  sliall  appoint  be  a  Committee  to  take  this  message  under  considera- 
tion, and  make  report.  In  Council  Read  and  Concurred  and  John  Osborne,  Benj* 
Lynde,  Sam^  Watts,  Sam^  Danforth,  Benj*  Lincoln,  and  James  Otis  Esq""'  are  joined 
in  the  Affair."— /6/rf. 

"  June  3, 1763.  The  Committee  appointed  on  his  Excellency's  Message  of  the  1^' 
Instant  made  the  following  report  Viz'  The  Committee  above  mentioned  having 
met  and  taken  His  Excellency's  Message  into  consideration  beg  leave  to  report  it 
as  their  opinion  That  it  is  expedient  an  able  Mathematicion  should  be  engaged  for 
tlie  purposes  pointed  out  in  his  Excellency's  Message.  And  that  his  Excellency  be 
desired  to  appoint  one  accordingly.  In  Council  Read  and  sent  down.  In  the 
House  of  Representatives.  Read  and  Ordered  That  this  report  be  accepted :  and 
there  upon  Resolved  That  his  Excellency  be  desired  to  appoint  an  able  Matlieraa- 
ticion  for  the  purjioses  mentioned  accordingly.  In  Council  Read  and  Concurred 
(7'h)  Consented  to  by  the  Governor." — Ibid.,  p.  28. 

"June  11,  17(i:!.  In  the  House  of  Representatives.  Ordered  That  M""  Waldo  be 
of  the  Committee  upon  his  Excellency's  Message  relating  to  the  numbering  of  the 
inhabitants  &c  in  the  room  of  Major  Morey  who  is  absent  In  Council  Read  and 
Concurred." — Ibid.,  p.  56. 

"  June  15,  1763.  The  Committee  appointed  on  his  Excellency's  Message  the  2* 
Instant  reported  as  their  opinion  that  his  Excellency  the  Governor  be  desired  to 
give  Orders  to  such  Person  or  Persons  in  the  several  Towns  of  this  Province,  as  he 
shall  judge  most  proper  to  take  a  particular  account  of  the  number  of  the  People 
therein  distinguishing  them  in  the  manner  following  viz' 

I  Tvr flips     ) 

Whites  j  pgm„igg  j  under  and  above  the  age  of  sixteen  each 

Negroes  and  Molattos  Males  and  Females 

Civilized  Indians  Males  and  Females 

Dwelling  Houses  and  Families 

And  that  Order  be  given  that  the  Accounts  so  taken  be  lodg'd  in  the  Secretarys 
Office  as  soon  after  as  may  be.    In  Council  Read  and  sent  down. 

In  the  House  of  Representatives  Read  and  not  Accepted  and  Ordered  That  M"* 
Otis,  My  Goldthwait  and  M""  Cushing  of  Boston  with  such  as  the  honbi«  Board  shall 
join  be  a  Committee  to  prepare  an  Answer  to  his  Excellency's  Message  and  make 
report.  In  Council  Read  and  Nonconcurred.  And  thereupon  Resolved  That  his 
Excellency  be  desired  to  give  directions  to  the  Selectmen  of  the  several  Towns  & 
Districts  within  this  Province  to  take  an  exact  account  of  the  Number  of  Persona 
in  their  respective  Towns  and  Districts,  with  such  distinctions  as  he  sliall  think 
necessary,  and  that  he  give  Orders  that  the  account  so  taken  be  lodged  in  the  Sec- 
retary's Office  as  soon  after  as  conveniently  may  be,  Also  that  William  Brattle  Esq' 
with  such  as  shall  be  joined  by  the  honWe  House  be  a  Committee  to  wait  on  his 
Excellency  the  Governor  with  this  Vote.  In  the  House  of  Representatives  Read 
and  Nonconcurred  and  the  House  adhere  to  their  own  Vote.  In  Council  Read  and 
Nonconcurred." — Ibid.,  p.  72. 

"  Jan.  20,  1764.  The  Secretary  delivered  the  following  Message  from  the  Governor 
to  the  two  Houses  respectively  viz' 

Gentlemen  of  the  Council  and  Gentlemen  of  the  House  of  Representatives 

At  the  last  Session  I  informed  you  that  I  had  Orders  from  the  Lords  of  Trade 
among  other  things  to  return  an  account  of  the  numbers  of  the  People  of  this  prov- 
ince, and  that  I  found  it  necessary  to  ask  your  Assistance  to  enable  me  to  do  this  in 
the  most  effectual  manner.  This  buisiness  was  then  under  your  consideration,  but 
being  some  how  or  other  misunderstood,  it  never  came  to  a  conclusion.  But  I 
learnt  that  a  principal  objection  to  my  proposal  was  that  it  did  not  appear  that  this 
Question  was  equally  proposed  to  other  colonies,  although  upon  the  Face  of  the 
Queries  it  appeared  to  be  a  General  and  circular  Requisition,  and  that  it  was  fre- 
quently repeated  at  a  certain  distance  of  time.  As  I  had  no  opportunity  to  satisfy 
You  upon  this  Point  at  the  last  Session;  I  soon  after  informed  myself  of  what  had 
been  done  in  the  same  case  in  the  neighbouring  Colony  of  Connecticut:  And  I  find 
that  this  Question  has  been  answered  about  two  years  ago,  and  that  this  Answer 
was  framed  by  the  same  method  I  proposed  to  you,  namely  a  Return  of  the  Select- 
men of  each  Town  by  order  of  the  General  Court.  It  also  appears  from  their 
Return  that  the  same  Question  had  been  proposed  in  1756,  and  that  an  exact  Return 
had  been  made  to  it.  If  this  had  been  made  known  to  You  at  the  last  Session,  I 
make  no  doulit  but  that  You  would  readyly  havecomplyed  with  my  Request:  And 
as  upon  all  Ocasions  I  represent  your  proceedings  in  the  most  favourable  Light  I 
can,  I  have  acquainted  their  Lordships,  that  I  considered  this  buisine.ss  as  posponed 
only,  and  that  I  did  not  doubt  but  that  it  would  pass  at  the  next  Session.  I  must 
therefore  desire  You  to  reconsider  it  according  to  my  former  proposal. 

Council  Chamber,  Fka.  Bernard. 

January  lO'h  1761."— 7&id.,  p.  139. 

On  the  second  day  of  February  following,  the  order  recited  in  the  preamble  to  the 
act  was  passed. 


792  Province  Laws. — 1764-65.  [Notes.] 

"  Feb.  15, 1765.  The  Secretary  delivered  the  following  Message  from  his  Excel- 
lency tlie  Governor  to  the  two  Houses  respectively  viz* — 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representatives. 

I  am  to  inform  you  that  the  Order  of  the  General  Court  made  on  the  li'i  of  Febru- 
ary 1764  for  the  Selectmen  of  each  Town  and  District  to  make  a  Return  of  their 
Houses,  Families  &  people  has  been  disobeyed  by  a  great  part  of  the  Province,  so 
that  the  Returns  which  have  been  made  are  of  no  use.  I  have  been  near  three 
years  endeavouring  to  carry  into  Execution  this  Order  which  was  executed  in  the 
Colony  of  Connecticut  by  order  the  Assembly  in  less  than  three  mouth'^:  from 
whence  this  Contempt  of  an  order  of  Court  so  reasonable  and  useful  arises,  I  am  at 
a  loss  to  say:  but  surely  it  will  bring  a  great  reproach  upon  the  Province,  if  you  do 
not  intervene  to  prevent  it.  I  must  therefore  desire  that  you  will  forthwith  enforce 
the  Execution  of  this  Order  by  a  short  day,  and  in  such  a  manner  as  shall  leave  no 
room  for  disobedience  or  at  least  that  you  will  furnish  me  with  an  Answer  to  his 
Majesty's  Ministers,  shewing  cause  why  this  Enquiry  cannot  be  Executed  in  this 
Province  as  well  as  in  others.  Fra  Bernard." — Ibid.,  p.  414. 

"I  have  before  informed  your  Lordships  of  the  difficulties  I  met  with  in  procur- 
ing an  exact  account  of  the  numbers  of  the  people  of  the  Province,  which  have 
been  occasioned  by  a  few  wicked  persons  insinuating  groundless  fears  and  jealou- 
sies concerning  this  measure  among  the  people.  Above  a  year  ago  the  General 
Court  made  an  order  for  this  business  in  the  manner  I  desired.  This  order  was  but 
partially  obeyed,  therefore  la>t  Session  the  General  Court  passed  the  present  Act 
which  explains  itself.  It  is  made  a  question  whether  this  Act  will  be  universally 
obeyed  however  I  shall  pursue  my  purpose." — Gov.  Bernard  to  Lords  of  Trade, 
Apr.  8,  1765:  "  Mass.  Bay,  B.  T.,"  vol.  78,  L.  I.,  70,  in  Public-Record  Office. 

"  Whilst  the  people  in  the  province  were  thus  disposed  to  engage  in  parties,  the 
state  of  the  colonies  became  a  matter  of  more  serious  consideration  in  England, 
than  it  had  ever  been  before.  The  amazing  increase  of  the  national  debt,  by  a  war 
engaged  in  at  the  solicitations,  and  for  the  protection  of  tlie  colonies,  seems  to  have 
caused  this  new  attention. 

The  first  proof  of  it  towards  Massachusetts  Bay  was  an  order  to  the  governor,  to 
obtain  a  more  exact  and  certain  knowledge,  than  had  ever  been  obtained,  of  the 
number  of  inhabitants,  distinguishing  age,  sex,  &c.  This  the  governor  could  not 
obtain  without  the  aid  of  the  assembly,  by  a  law  to  compel  the  several  towns  and 
districts  to  make  return  of  their  numbers.  Objections  were  made  to  it.  Some 
suspected  that  it  was  reqiiired  for  purposes,  though  they  could  not  discover  them, 
to  the  disadvantage  of  the  province;  others,  and  not  a  few,  seemed  to  have  religious 
scruples,  and  compared  it  to  David's  numbering  the  people.  The  proposal  was  re- 
ferred from  one  session  to  another,  and,  thougii  it  was  finally  agreed  to  by  a  ma- 
jority, yet  many  remained  dissatisfied." — Hutchinson's  Hist.  Mass.  Bay,  vol.  '3,  p.  103. 

Chap.  29.  "Jan  31, 1765.  According  to  Agreement  the  two  Houses  proceeded  to 
the  choice  of  Civil  Officers  for  the  present  year,  when  the  under  mentioned  persons 
were  chosen  Collectors  of  Excise  on  spirituous  Liquors  &c  for  the  several  Counties 
as  hereafter  mentioned  by  a  Major  Vote  of  the  Coiincil  and  House  of  Representa- 
tives.   Viz' 

Suffolk M"-  Thomas  Fletcher 

Essex Daniel  Epes  Esq'' 

Middlesex M''  Jn"  Remington 

Hampshire M""  Lewis  Bliss 

Worcester M""  Levi  Willard 

Plymouth Cap'  Nath'  Little 

Barnstable Thos  Smith,  Esq^ 

Bristol Ml-  Thos  Gilbert   jun^ 

York M'  David  Sewall  _ 

Dukes  County M'  James  Allen   jun' 

Nantucket Obed  Hussey  Esq"- 

Cumberland M^  Theop^  Bradbury 

Lincoln M^  Tho^  Moulton 

Berkshire M^  Elisha  Jones  junf 

Consented  to  by  the  Governor." —  Council  Records,  vol.  XXV.,  p.  oTO. 

"  June  12, 1765.  A  Petition  of  Hewit  Root  of  Great  Barrington — Setting  forth  — 
That  he  hath  for  divers  years  past  been  Licensed  to  keep  a  puhlick  House  in  said 
Town  That  in  November  last  his  House  took  fire  in  the  night  and  was  burnt  down 
■with  a  great  yjart  of  his  Goods  and  Effects,  that  he  saved  one  hogshead  of  Hum  llic 
most  of  which  he  expended  on  his  Friends  and  Workmen  who  assisted  in  setting 
him  up  another  House.  And  praying  that  in  consideration  of  his  loss  &  Expence 
aforesaid  his  Excise  for  the  present  year  may  be  remitted  him. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Excise  upon  what 
spirituous  Liquors  the  petitioner  shall  have  sold  within  the  space  of  one  year  com- 
mencing from  the  first  Tuesday  of  September  last  be  remitted  to  the  petitioner,  pro- 
vided the  quantity  does  not  exceed  three  hundred  Gallons. 

In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor." — Ibid.,  vol. 
XXVI.,  p.  21. 

"  Tliis  is  an  annual  Act  of  Revenue:  it  differs  much  from  the  former  in  the  means 
of  carrying  it  into  execution,  which  are  made  more  easy  to  the  traders  tlian  the 
former.  Jt  also  differs  in  the  excise  of  Wine,  which  is  but  two  thirds  of  the  former 
Act,  upon  account  of  the  parliamentary  duty.  Nevertheless  Wine  is  heavily  loaded, 
the  whole  of  the  parliamentary.  Excise  &  Tonnage  duties  amounting  to  £13-7-6 
sterling  p^Ton.  But  as  this  Act  got  thro'  the  general  Court  with  great  difficulty, 
it  is  expected  that  it  will  not  be  renewed  next  year:  the  consideration  of  the  Pio- 


[Notes.]  Province  Laws. — 1764-65.  793 

vincial  Debt  got  it  thro'  this  time  and  may  possibly  one  year  more:  but  it  will  not 
exceed  that." — Gov.  Bernard  to  Lords  of  Trade,  Apr.  8,  1765:  "Mass.  Bay,  B.  T.," 
vol.  78,  L.  I.,  79,  in  Public-Becord  Office. 

Chap.  30.  "  Tliis  Act  I  am  obliged  to  labour  every  year  to  carry  thro'  the  house 
where  the  prohibition  of  the  English  hunting  in  the  Indians  Territories  meets  with 
great  opposition,  But  I  am  so  sensible  of  the  necessity  of  supporting  sucli  a  proliibi- 
tion  in  order  to  keep  the  Country  in  peace  that  I  shall  never  give  it  up.  It  will  be 
impossible  to  reconcile  the  Indians  to  the  frequent  settlements  upon  the  Eastern 
Coasts,  which  we  may  expect  to  see  now  <'ontinually  increasing  unless  the  Indians 
are  quieted  in  their  hunting  grounds,  upon  which,  as  they  observe,  their  very  being 
depends  and  in  my  opinion  the  fur  trade  of  that  Country  also:  as  the  Indians  take 
care  to  preserve  the  breed  of  beavers;  the  English  hunters  do  all  they  can  to  extir- 
pate it.  I  have  allready  wrote  to  Your  Lordships  upon  tliis  subject:  so  shall  only 
add  that  I  cant  assure  myself  that  I  shall  be  able  to  get  tliis  necessary  prohibition 
continued  beyond  the  time  of  the  present  Act  (to  June  17(i6)  tho'  I  shall  use  iny 
utmost  endeavours  to  do  it." — Gov.  Bernard  to  Lords  of  Trade,  April  8.  1765:  "  Mass. 
Bay,  B.  T.,"  vol.  78,  L.  I.,  79,  in  Public-Record  Office. 

Chap.  31.  "  June  3,  1763.  In  Council  Ordered  That  John  Choate  and  James  Otis 
Esq-*  with  such  as  the  hon'^'^  House  shall  join  be  a  Committee  to  take  under  con- 
sideration the  Laws  for  impowering  the  Selectmen  or  overseers  of  the  Poor  to  take 
care  of  Such  Persons  in  their  respective  Towns  as  Neglect  the  due  improvement  of 
their  Estates,  or  the  care  of  their  Families,  and  bring  in  a  Bill  to  make  such  further 
Provision  in  the  afore  mentioned  cases,  as  they  shall  j'ulge  needful.  In  the  House 
of  Representatives  Read  and  Concurred  and  Col"  Worthingt-on,  M""  Cushing,  of 
Boston,  and  M"'  Otis  are  joined  in  the  affair." — Council  Records,  vol.  XXV.,  iJ.  29. 

Chap.  33.  "  This  is  also  an  Annual  Act  of  Revenue:  it  differs  from  the  former  in 
the  form  of  the  Oath,  in  the  tunnage  upon  wine  which  is  but  half  of  the  former  and 
in  charging  bar  iron  with  a  certain  duty  instead  of  a  poundage  of  the  value:  I 
think  there  is  no  other  material  difference  from  the  former  Act." — Gov.  Bernard  to 
Lords  of  Trade,  Apr.  8, 1765:  "Mass.  Bay,  B.  T.,"  vol.  78,  L.  I.,  79,  in  Public-Record 
Office. 

Chap.  31.  "  Dec.  23, 1763.  In  the  House  of  Representatives.  Ordered  That  M' 
Trowbridge,  M^  Tyler  and  M""  Brown  of  Salem  with  such  as  shall  be  appointed  by 
the  honorable  Board  be  a  Committee  to  reduce  into  one  Act  all  the  Laws  relating  to 
the  preservation  of  alewives  and  Other  Fish  and  make  report. 

In  Council  Read  and  Concurred  and  a  Committee  of  the  Board  was  joined  in  the 
affair." — Council  Records,  vol.  XXV.,  p.  97. 

Chap.  35.  "Jan.  22,  1765.  In  the  House  of  Representatives,  Ordered  that  M' 
Otis  M''  Cushing,  M""  Thacher  &  M^  Gray  with  such  as  the  Hon^ie  Board  shall  join 
be  a  Committee  to  prepare  &  bring  in  a  Bill  for  the  more  equal  Distribution  of  the 
Estates  of  absconding  Debtors  among  their  Creditors,  for  the  preventing  of  Insol- 
vency &  the  increase  of  needless  Law  suits.    The  Committee  to  sit  forthwith. 

In  Council,  Read  and  Concurred:  and  the  Hon^e  Thomas  Hutchinson  Esq''  Peter 
Oliver  &  James  Otis  Esqi's  are  joined  in  the  affair."— CounciZ  Records,  vol.  XXV., 
p.  314. 

"Mar.  6, 1765.  a  Bill  intituled  'An  Act  for  preventing  fraud  in  Debtors  and  for 
securing  the  Estates  of  Insolvent  Debtors  for  the  benefit  of  their  Creditors '  having 
passed  in  Council  to  be  Engrossed,  and  been  sent  down  to  the  House  for  Concur- 
rence; the  following  order  jiassed  thereon  A'iz'— 

In  the  House  of  Representatives.  Ordered  that  M'  Otis,  Judge  Russell  and  M' 
Lee  with  such  as  the  Hon^ic  Board  shall  join,  be  a  Committee  to  take  under  con- 
sideration the  Bill  for  preventing  fraud  in  Debtors,  and  for  securing  the  Estates  of 
Insolvent  Debtors  for  the  benefit  of  their  Creditors '  and  Report  what  they  judge 
proper  to  pass  thereon. 

In  Council,  Read  and  Concurred,  and  Hon'''*'  Tho^  Hutchinson  and  Edmund 
Trowbridge  Esq's  are  joined  in  the  affair." — Ibid.,  p.  452. 

"  This  Province  has  long  laboured  under  the  want  of  a  Bankrupt  Act.  About  8 
years  ago  An  Act  of  this  kind  wSs  passed,  but  it  was  disallowed  by  the  King,  upon 
exceptions  urged,  as  it  was  said,  by  some  of  the  London  Merchants  trading  here. 
This  Act  was  very  voluminous  and  therefore  it  could  not  be  well  expected  but  that 
it  must  have  some  exceptionable  clauses  in  it.  But  it  is  a  pity  that  the  Gentlemen 
that  took  exception  to  it  did  not  signify  the  particulars  which  they  excepted  to; 
that  another  bill  might  have  been  prepared  free  from  such  exceptionable  parts.  As 
it  has  been  of  late,  every  Insolvency  has  afforded  instances  of  great  partiality  and 
injustice.  The  Common  Method  has  been  for  the  Creditors  who  get  the  earliest 
advice  of  a  persons  becoming  insolvent  to  sue  out  attachments  against  the  goods 
and  credit  of  the  insolvent,  according  to  the  custom  of  the  Country,  and  help  him- 
self to  such  part  thereof  as  he  pleased.  A  general  scramble  ensues,  there  is  no 
regular  audit  of  the  Accounts  of  the  Creditors;  The  goods  are  sold  in  an  hurry  at  a 
low  value;  and  great  part  of  the  effects  of  the  debtor  are  spent  in  law  proceedings 
and  contests  between  contending  attachments.  This  has  been  felt  and  complained 
of  ever  since  I  have  been  Governor  here;  but  no  adequate  remedy  attempted  till  of 
late.  This  Winter  a  gentleman,  who  had  acted  considerably  as  a  Banker,  stop't 
payment  for  £170,000  Sterling.  This  was  like  an  Earthquake  to  the  Town :  numbers 
of  people  were  creditors,  some  for  their  all:  Evry  one  dreaded  the  consequences; 
Lesser  Merchants  began  to  fail;  a  stop  to  all  Credit  was  expected  and  a  general 


•794 


Province  Laws. — 1764-65. 


[Notes.] 


Bankruptcy  was  apprehended  for  a  time.  In  this  state  of  things  Application  was 
made  to  the  general  Court  for  present  relief:  but  it  was  difficiilt  to  say  what  could 
be  (lone  there.  I  could  not  consent  to  another  Bankrupt  Act,  because  I  knew  not 
what  were  the  exceptionable  parts  of  the  former  Act.  At  last  it  was  thought 
proper  to  send  to  New  York  for  copies  of  their  Acts  for  the  relief  of  the  Creditors 
of  insolvent  Debtors;  which  having  his  Majesty's  consent  either  tacit  or  exprest,  it 
was  presumed  that  a  Bill  of  the  like  nature  would  be  admissible  here.  From  the 
New  York  Acts  this  Act  has  been  framed :  and  it  does  not  that  I  know  of,  differ 
materially  from  them.  It  must  be  expected  that  Experience  will  point  out  some 
necessary  emendations  of  this  Act:  and  therefore  it  is  enacted  only  for  three  years. 
This  Circumstance  gives  me  an  opportunity  so  to  recommend  it  to  your  Lordships, 
that  if  exceptions  should  be  taken  to  some  parts  of  it  only  and  not  to  the  general 
purport  of  the  Act,  Your  I-ordships  will  be  pleased  to  signify  what  alterations  you 
would  have  made  to  it,  that  the  whole  may  not  be  condemned,  for  particulars  only: 
for  some  such  Act  is  absolutely  necessary  for  the  trade  of  this  Country,  I  wish  it 
was  more  in  the  nature  of  the  English  Bankrupt  Acts;  so  as  to  prevent  partial  At- 
tachments especially  private  ones;  but  all  cannot  be  done  at  once." — Gov.  Bernard 
to  Lords  of  Trade,  Apr.  8  17G5:  "  Mass.  Bay,  B.  T.,"  vol.  78,  L.  L,  7'J,  in  Public -Record 
Office. 

See,  also,  note  to  1766-67,  chapter  5,  post,  and  1769-70,  chap.  10. 

The  following  list,  compiled  from  the  columns  of  "The  Massachusetts  Gazette," 
of  absconding  debtors,  and  debtors  who  concealed  themselves  from  their  creditors, 
against  whom  proceedings  were  commenced  under  this  act,  is  believed 'to  be  com- 
plete. Against  each  name  is  placed  the  date  of  the  warrant  issued  by  a  justice 
of  the  Superior  Court  of  Judicature,  the  date  of  the  first  publication  of  notice  of 
the  issuing  of  the  warrant,  and  the  date  of  the  notice  of  the  time  and  place  of  the 
first  meeting  of  creditors.  This  last  was  invariably  signed  by  the  trustees  aj> 
pointed,  and  is  usually  dated  some  days  earlier  than  the  paper  in  which  it  was 
published.  The  warrants  appear  to  have  been  generally,  if  not  in  every  instance, 
issued  either  by  the  Chief  Justice,  or  by  Mr.  Justice  Lynde;  and  the  names  of  the 
justice  and  of  the  trustees,  in  each  case,  are  given,  oijposite  the  name  of  tho 
debtor:  — 


Date  of 
Warrant. 

Names  of 
Debtors. 

First  pub- 
lication of 
notice. 

Judge. 

Names  of  Trustees. 

Date  of  no- 
tice of  first 
meeting. 

1765. 
March  14. 

19. 

John  Scollay  of 
Boston,      mer- 
chant. 

John  Gerrish  of 
Boston,      mer- 
chant. 

1765. 
March  21. 

21. 

Hutchinson,  C.J. 
do. 

John  Erving. 
Thomas  Hubbard. 
William  Phillips. 
Foster  Hutchinson. 
Samuel  Holbrook. 
Joshua  Blanchard. 

1705. 
March  20. 

25. 

April    2. 
March  26. 

Benjamin  Tucker, 
jr.,  of  Leicester, 
drover. 

Samuel  Smith  of 
Boston,  vendue- 
mastcr  &  trader. 

April     4. 
4. 

do. 
do. 

Jonathan  Newhall. 
Nahum  Green. 
Samuel  Denny. 
John  Tudor. 
James  Noble. 
Edward  Procter. 

April   13. 
10. 

April  15. 

Robert  Treat  of 
Boston,  cooper. 

19. 

do. 

John  Gore. 
John  Leverett. 
John  Sweetser. 

May       7. 

19. 

Duncan     Camp- 
bell of  Oxford, 
trader. 

19. 

do. 

Daniel  Jones. 
Ebenezer  Cobum. 
Thomas  Town. 

April  29. 

22. 

Nathan  Waite  of 
Marblehead, 
victualler. 

25. 

Ljmde,  J. 

Nathan  Bowen. 
Thomas  Robie. 
Francis  Felton. 

May       4. 

May      3. 

John  Davison  of 
Dudley,  trader. 

May       9. 

Hutchinson,  C.  J. 

Edward  Raymond. 
Alexander  Campbell. 
Ebenezer  Coburn. 

29. 

6. 

John    Basset    of 
Marblehead, 
shoreman. 

9. 

Lynde,  J. 

'Nathan  Bowen. 
Joseph  Lcmmon. 
Samuel  Swett. 

13. 

4. 

Isaac  Codman  of 
Charlcstown, 
mariner  or 
trader. 

16. 

Hutchinson,  C.  J. 

Stephen  Hall. 
Samuel  Ilendley. 
John  SoUey. 

28. 

27. 
June     5. 

Samuel     Russell 
of       Littleton, 
cooper. 

John     Peek  *    of 
Roxbury,    vict- 
ualler. 

30. 
June      6. 

do. 

do. 

Abel  Lawrence. 
Samuel  Tnttle. 
Thomas  Stearns. 
David  Flagg. 
William  Dickman. 
Robert  Sloan. 

June      6. 
Sept.      9. 

5. 

Nowell  Dodge  of 
Westford,  coo- 
per. 

6. 

do. 

Nath.inicl  Bovnton. 
Ephraira  Hildreth,jr. 
John  Tarbell. 

July     13. 

i. 

Joshua  Bond  of 
Lexington, 
trader. 

6. 

do. 

Richard  Devens. 
Jonathan  Harrington. 
Thomas  Brown. 

Aug.     21. 

*  Or  "  Pike." 


[Notes.] 


Province  Laws. — 17G4-65. 


795 


Date  of 
Warrant. 

Names  of 
Debtors. 

First  pub- 
lication of 
notice. 

Judge. 

Names  of  Trustees. 

D.ate  of  no- 
tice of  first 
meeting. 

1775. 

1765. 

1765. 

4. 

William    Bryant 
of  Sudbury,  inn- 
holder. 

6. 

Hutchinson,  0.  J, 

S.imuel  Welles. 
Zachariuh  Johonnot. 
Samuel  Parkman. 

July     10. 

15. 

Nathaniel  Wheel- 
wright of  Bos- 
ton, merchant. 

20. 

do. 

Francis  Johonnot. 
George  Bethune. 
.James  Perkins. 

Oct.        1. 

17. 

Benjamin    Milli- 
ke n  of  Scarbor- 
ough, trader. 

20. 

do. 

Joseph  Sherburne. 
Benjamin  Davis. 
Samuel  Parkman. 

July     10. 

14. 

Aaron  Brown  of 
Littleton, house- 
wright. 

20. 

do. 

George  Pierce. 
Phincas  Brown. 
Jonathan  Symonds. 

26. 

17. 

John    Butler   of 
Boston,     shop- 
keeper. 

20. 

do. 

Nathaniel  Rogers. 
Daniel  Jones. 
Philip  Dumaresq. 

Aug.    21. 

20. 

James  Nichols  of 
Boston,  mariner 
and  trader. 

27. 

do. 

Samuel  Hendley. 
Benjamin  Church. 
William  Mackay. 

July     10. 

July     10. 

John  Winniettof 
Boston,       mer- 
chant. 

July     11. 

do. 

Leonard  Jarvis. 
John  Hancock. 
John  Timmins. 

Aug.      1. 

10. 

John  Austen  of 
Charlestown, 
leather-dresser. 

11. 

do. 

John  Erving,  jr. 
David  Cheever. 
John  Solcy. 

July     29. 

10. 

John  Austen,  jr., 
of  Charlestown, 
trader. 

11. 

do. 

John  Erving,  jr. 
David  Cheever. 
John  Soley. 

12. 

Nathan    Sargent 
ofMalden, black- 
smith. 

18. 

do. 

Ebenezer  Harnden. 
James  Kettle. 
Ezra  Sargent. 

Aug.      7. 

25. 

Jacob   Bucknam 
of  Boston,  truck- 
man. 

Aug.      1. 

do. 

Scth  Blodgct. 
Samuel  Blodget. 
Thomas  Bradford. 

8. 

31. 

Thomas  Rice  of 
Boston,     rope- 
maker. 

1. 

do. 

Samuel  Adams. 
Daniel  Jones. 
William  Phillips. 

15. 

31. 

Thomas  How  of 
Boston,        tin- 
plate  worker. 

1. 

do. 

Timothy  Newell. 
John  Lcverett. 
Samuel  Ridgeway. 

6. 

Aug.      5. 

James  Forbes  of 
Boston,     shop- 
keeper. 

8. 

do. 

John  Rowe. 
Nicholas  Boylston. 
John  Borland. 

9. 

6. 

Samuel  Vans  of 
Boston,      mer- 
chant. 

8. 

do. 

John  Homer. 
John  Sweetser. 
Joseph  Callender. 

15. 

5. 

Benjamin  Choate 
of      Newbury- 
port,  innholder. 

8. 

Lynde,  J. 

William  Moreland. 
Daniel  Dole. 
John  Harris. 

26. 

7. 

Thomas    Games 
of     Boston, 
trader. 

8. 

Hutchinson,  C.  J. 

Joseph  Jackson. 
John  Stevenson. 
James  Allen. 

21. 

12. 

Benjamin  Thomp- 
son of  Boston, 
mariner. 

15. 

do. 

John  Shepard. 
Alexander  Campbell. 
James  Thompson. 

Sept.    11. 

12. 

William  Owen  of 
Boston,  trader. 

22. 

do. 

Thomas  Cushing. 
Hugh  McDaniel. 
John  Brown. 

11. 

22. 

Benjamin     Bag- 
nail,  jr.,  of  Bos- 
ton,watchmaker. 

29. 

do. 

Samuel  Downe. 
Nathaniel  Appleton. 
Thomas  Leverrett. 

4. 

29. 

William      Tyler 
Kilby  of  Boston, 
brazier. 

Sept.      5. 

Lynde,  J. 

Benjamin  Parker. 
Thomas  Marshall. 
Daniel  Jones. 

5. 

Sept.     9. 

Ebenezer     Pratt 
of  Lunenburgh, 
yeoman. 

12. 

Hutchinson,  C.  J. 

Alexander  Shepard. 
Thomas  Litch. 
John  Richaids. 

Oct.        3. 

9. 

Jonathan    Berry 
of  Lynn,  cord- 
wainer. 

12. 

Lynde,  J. 

Nathaniel  Henchman. 
Abner  Cheever. 
William  Estes. 

Sept.    17. 

.0. 

Ed  ward  Oliver  of 
Maiden,      vict- 
ualler. 

19. 

Hutchinson,  C.J. 

Eben  Harndell. 
John  Newhall. 
James  Kettle. 

Oct.       7. 

20. 

Thomas  Bell   of 
Roxbury,   vict- 
ualler. 

26. 

do. 

Robert  Hewes. 
John  Ball. 
John  Green. 

23. 

5. 

Nowell     Dodge, 
jr.,ofWe8tford 
cooper. 

26. 

Lynde,  J. 

Ebenezer  Stone. 
Leonard  Procter. 
George  Pierce. 

15. 

796 


Province  Laws.— 1764-65. 


[Notes.] 


Date  of 
Warrant. 

Names  of 
Debtors. 

First  pub- 
lication of 
notice. 

Judge. 

Names  of  Trustees. 

Date  of  no- 
tice of  first 
meeting. 

1765. 

1765. 

1766. 

Sept.    19. 

Jonas  Powers  of 
Lunenburgh, 
husbandman. 

Sept.    26. 

Hutchinson,  C.J. 

Nathaniel  Willard. 
Simon  Willard. 
John  Willard. 

June      7. 
1765. 

Oct.       5. 

Elizabeth  Ridge- 
way  of  Boston, 
shopkeeper. 

Oct.      10. 

do. 

Leonard  Jarvis. 
Thomas  Gray. 
Thomas  Pitts. 

Oct.      31. 

6. 

Benjamin    Gold- 
thwait  of  Bos- 
ton, tailor. 

10. 

do. 

Jonathan  Bagley. 
John  Boit. 
William  Dawes,  jr. 

23. 

14. 

George  Stimpson, 
jr.,of  Hopkinton, 
husbandman. 

17. 

do. 

John  Wilson. 
John  Wood. 
Samuel  Warren. 

Dec.       5. 

15. 

Elisha  Brown  of 
Boston,     shop- 
keeper. 

17. 

do. 

John  Brown. 
John  Stevenson. 
John  Hodgson. 

Oct.      25. 

15. 

John  Coverly  of 
Boston,      gold- 
smith. 

17. 

do. 

John  Ruddock. 
Jonathan  Payson. 
Francis  Shaw. 

23. 

15. 

Thomas  Follings- 
by*ofNewbury- 
port,  merchant. 

17. 

Lynde,  J. 

Ezekiel  Hale. 
William  Moreland. 
John  Lowell,  jr. 

23. 

15. 

James       Joseph 
Villiers  of  Bos- 
ton,  retailer. 

17. 

[Not  given.] 

Zechariah  Johonnot. 
William  Bowdoin. 
Ralph  Inman. 

24. 

17. 

Jonathan  Hobby 
of  Boston,  mer- 
chant. 

17. 

Hutchinson,  C.J. 

David  JeflVies. 
Samuel  Downc. 
Oliver  Wendell. 

23. 

22. 

Grant     Webster 
of      Salisbury, 
trader. 

24. 

Lynde,  J. 

Jonathan  Bagley. 
Benjamin  Harrod. 
Francis  Shaw. 

31. 

30. 

Isaac    Pierce    of 
Boston,  baker. 

31. 

Hutchinson,  C.J. 

William  Whitwell. 
Nathaniel  Loring. 
John  Sweetser,  jr. 

Nov.    20. 

24. 

Peter  Wheeler  of 
Stow,  yeoman. 

31. 

Lynde,  J. 

29. 

Jedediah    White 
of  Waiertown, 
laborer. 

31. 

do. 

Ephraim  Pierce. 
John  Dix. 
Nathaniel  Bridge. 

4. 

31. 

Richard    Palmes 
of          Boston, 
apothecary. 

31. 

Hutchinson,  C.J. 

Samuel  Sturgis. 
Samuel  Quiiicy. 
Thomas  Pitts. 
Joshua  Henshaw. 
William  Coffin,  jr. 
William  Greenlcaf,  jr. 

Nov.     28. 
Dec.     26. 

31. 

Benjamin    John- 

31. 

do. 

Moses  Deshon. 

Nov.     27. 

son  of  Boston, 

Thomas  Jackson. 

japanner. 

Samuel  Parker. 

31. 

Nathaniel  Sanger 

Nov.       7. 

do. 

Jonathan  Brown. 

1766. 
Jan.      18. 

of  Watertown, 

Cornelius  Waldo. 

tailor. 

Jedidiah  Leathe. 

30. 

Elizabeth    Rich- 
ardson of  Wo- 
burn,  widow. 

7. 

do. 

30. 

Jabez     Richard- 
son of  Woburn, 
baker. 

14. 

do. 

Jacob  Eames. 
Zebadiah  Wyman,  jr. 
Benjamin  Richardson. 

Aug.      5. 
1765. 

30. 

Samuel  Stebbins 
of  Boston,  mar- 
iner. 

14. 

do. 

Nathaniel  Holmes. 
Philip  Freeman. 
Robert  Gould. 

Nov.     15. 

1766.t 
Feb.    15. 

Joseph   Grafton, 
jr.,    of    Salem, 
mariner. 

1766. 
Feb.     27. 

Lynde,  J. 

David  Britton. 
Thomas  Mason. 
George  Williams. 

1766. 
March  24. 

*  "  Follansbe,"  in  the  notices  to  creditors. 

t  The  Stamp  Act  went  into  operation  Nov.  1,  1765.  It  was  repealed  March  18,  1766;  and  tidings 
of  the  repeal  reached  Boston  on  the  sixteenth  of  May.  Early  in  February,  however,  agreeably  to 
a  recommendation  by  the  Council,  the  justices  of  the  Superior  Court  of  Judicature  met  to  deter- 
mine, whether  or  not  they  would  proceed  with  business  at  the  ensuing  terms  of  the  court.  The 
determination  of  the  majority  of  the  bench  was  expressed  in  a  reply  prepared  by  the  chief  justice, 
which,  though  equivocal,  was  understood  to  be  a  declaration  that,  if  the  condition  of  affairs  re- 
mained unchanged  at  the  opening  of  the  court,  trials  and  other  business  would  proceed,  from 
necessity,  without  the  use  of  the  stamps  required  by  the  act  of  parliament. 

Thereupon  the  inferior  courts,  some  of  which,  as  well  as  some  of  the  probate  courts,  had  already 
begun  to  pursue  this  course,  proceeded  to  business;  and,  outside  of  the  courts,  conveyances  were 
made,  and  commercial  business  was  conducted,  as  if  no  stamp  act  existed. 

The  next  Superior  Court  was  held  in  Suffolk,  on  the  second  Tuesday  of  March;  and,  although 


[Notes.] 


Province  Laws. — 1764-65. 


797 


Date  of 
AVarrant. 

Names  of 
Debtors. 

First  pub- 
lication ol 
notice. 

Judge. 

Names  of  Trustees. 

Date  of  no- 
tice of  first 
meeting. 

1766. 
Jan.       6. 

John  Winchester 
of      Brookllne, 
trader. 

1766. 
March    6. 

Hutchinson,  C.J. 

Daniel  Jones. 
William  Wheat. 
William  Dawes,  jr. 

1766. 
March  19. 

Marcb  4. 

Alexander  Brid- 
ford  of  Boston, 
mariner. 

6. 

do. 

Mathew  Maciiamara. 
.James  Martin. 
William  Hitchbourn. 

19. 

14. 

Henry  Quiney  of 
Boston,       mer- 
chant. 

20. 

Lynde,  J, 

David  Cheever. 
Theopilus  Lillie. 
James  Charity. 

April   10. 

19. 

John    Callender 
of           Boston, 
baker. 

20. 

Hutchinson,  C.J. 

John  Sweetser. 
Joseph  Callender,  jr. 
William  Hickling,  jr. 

March  27. 

April     7. 

Ed-ward     Ingra- 
ham    of   York, 
innholder. 

April    10. 

do. 

Richard  Cutt. 
James  .Johnson. 
Samuel  Weeks. 

Aug.      5. 

15. 

Jedodiah  Bass  of 
Grafton,    cord- 
wainer. 

17. 

Lynde,  J. 

Norton  Quiney. 
Jonathan  Webb. 
John  Ruggles. 

May       1. 

18. 

Philemon  Hough- 
ton   of   Lancas- 
ter, cordwainer. 

25. 

do. 

Levi  Willard. 
John  Carter. 
Oliver  Dole. 

7. 

25. 

Ephraim    Corey 
of  Stow,   cord- 
wainer. 

May       1. 

do. 

Deliverance  Brown. 
Joseph  Brown. 
Charles  Brown. 

15. 

May     26, 

Ephraim    Fenno 
of  Boston,  leath- 
er-dresser. 

29. 

Hutchinson,  C.J. 

Samuel  Sumner. 
Isaac  Ridgway. 
John  Savage. 

June      4. 

26. 

Sampson  Crosby 
of  Billerlca,  la- 
borer. 

29. 

do. 

William  Necdham. 
John  Webber. 
Hugh  Maxwell. 

14. 

26. 

Thomas  Allen  of 
Pownalboroughi 
merchant. 

29. 

do. 

William  Cushing. 
Charles  Cushing. 
Jonathan  Bowman. 

7. 

26. 

Jonathan  Bryant 
of    Pownalbor- 
ough,       gentle- 
man. 

29. 

do. 

William  Cushing. 
Abicl  Lovejoy. 
John  M'Keckney. 

7. 

April  23. 
May     26. 

Ebenezer     Steb- 
bins  of  Spring- 
field, yeoman. 

John   Stevens  of 
Boston,       mer- 
chant. 

22. 
June      5. 

do. 
Lynde,  J. 

Moses  Church. 
Isaac  Morgan. 
Thomas  Taylor. 
Hugh  McDaniel. 
Joseph  Scott. 
Joshua  Blanchard. 

July     29. 
June    12. 

June    10. 

Samuel       Hard- 
castle    of   Rut- 
land, merchant. 

12. 

Hutchinson,  C.J. 

John  Murray. 
Ebenezer  Coflin. 
Daniel  Bliss. 

July     29. 

6. 
12. 

William  McVick- 
ersofNewbury- 
port,  merchant. 

Ebenezer  Stetson 
of         Dighton, 
merchant. 

12. 
19. 

Lynde,  J. 
Hutchinson,  C.J. 

Jerathmeel  Bowers. 
John  Rowe. 
Job  Winslow. 

9. 

16. 

Jonathan    Webb 
of      Falmouth, 
merchant. 

19. 

do. 

John  Waldo. 
Jonathan  Williams. 
Samuel  Parkman. 

23. 

11. 

RatcliffHellonof 
Taunton,    mer- 
chant. 

19. 

do. 

Robert  Treat  Paine. 
John  Adams. 
George  Williams. 

14. 

May      7. 

Nathaniel    Rich- 
ardson of  Bos- 
ton, gentleman. 

19. 

do. 

Solomon  Kneeland. 
Israel  Loring. 
John  Bennet. 

June    17. 

Timothy        Cle- 
ments* of  New- 
bury, husband- 
man. 

26. 

Lynde,  J. 

Moses  Clement. 
John  Brown. 

19. 

14. 

Samuel    Browne 
of  Ipswich,  mar- 
iner. 

26. 

do. 

George  Staeey. 
Jonathan  Glover. 
John  Glover. 

2. 

21. 

Daniel     Bradley 
jr.,  of  Haverhill, 
trader. 

July     10. 

do. 

Nathaniel  Peasley  Sargent. 
William  Mitchell. 
Cornelius  Mansis. 

23. 

16. 

Humphrey  Scam- 
men  of  Kittery, 
gentleman. 

Sept.  25. 

Hutchinson,  C.J. 

James  Gowen. 
William  Leighton. 

Sept.    29. 

Hutchinson  declares  that,  at  that  term,  at  which  he  declined  to  be  present,  all  business  requiring 
stamps  was  continued  to  an  adjourned  session,  or  to  the  next  term  (Hist.  Mass.  Bay.  vol.  3,  p.  146), 
it  is  clear  that  even  before  the  date  of  the  above-named  declaration  of  the  justices,  he  did  not 
decline  to  issue  warrants  under  the  insolvency  acts. 
*  Sometimes  printed  "  Clement." 


798 


PROVincE  Laws. — 1704-05. 


[Notes.] 


Date  of 
Warrant. 

Names  of 
Debtors. 

First  pub- 
lication of 
notice. 

Judge. 

Names  of  Trustees. 

Date  of  no- 
tice of  first 
meeting. 

1768. 
Feb.     8.* 

Benjamin    Ilam- 
met  of  Boston, 
merchant. 

1768. 
Feb.     11. 

Hutchinson,  C.J. 

Thomas  Fluokcr. 
Nath.-inicl  Greenwood. 
John  White. 

1768. 
Feb.     16. 

9. 

Jonathan     Ilall, 
lateof  Uoxbury, 
potter. 

11. 

do. 

Samuel  Sumner. 
Nathaniel  Felton. 
Aaron  Davis,  jr. 

16. 

11. 

John      Furnass, 
late  of  Boston, 
merchant. 

11. 

do. 

Timothy  Prout. 
William  Taylor. 
Joseph  Henderson. 

25. 

11. 

Moses  Pitcher  of 
Boston,  glazier. 

n. 

do. 

Daniel  Jones. 
Nathaniel  Wales. 
John  Joy. 

17. 

11. 

Benjamin  Joy  of 
Sherburne,  yeo- 
man &  trader. 

11. 

do. 

Daniel  Jones. 
Moses  Peck. 
Gawen  Bowen. 

17. 

16. 

John     Mills     of 
Boston,   bouse- 
wright. 

18. 

do. 

Samuel  Downe. 
Robert  Pierpont. 
John  Joy. 

22. 

16. 

Dinely   Wing  of 
Boston,      boat- 
builder. 

18. 

do. 

Thomas  Palfrey. 
Job  Wheclv\Tight. 
William  Hoskins. 

23. 

17. 

Pool     Spear     of 
Boston,  tailor. 

18. 

do. 

David  Spear. 
Edward  Blanchard. 
John  Soren. 

23. 

15. 
15. 

Joseph     Remick 
of      Newbury- 
port,     ship-car- 
penter. 

William    Alford 
of      Newbury- 
port,  victualler. 

18. 
18. 

Lynde,  J. 
do. 

Daniel  Farnham. 
Moses  Little. 
Bunaiah  Young. 

William  Moulton. 
Richard  Tucker. 

29. 
25. 

15. 

Dr.  John    New- 
man   of    New- 
buryport,   phy- 
sician. 

18. 

do. 

Robert  Roberts. 
Jacob  Boardmau. 
William  Morland. 

25. 

17. 

Samuel   Bayley  t 
of  Boston,  felt- 
maker. 

18. 

Hutchinson,  C.J. 

William  F.iirfield. 
John  Ilaskins. 
James  Perkins. 

25. 

17. 

Increase  Blake  of 
Boston,         tin- 
plate  worker. 

18. 

do. 

John  Leverett. 
Martin  Gay. 
Daniel  Parker. 

20. 

17. 

Christopher  Mont 
gomery  of  Bos- 
ton, trader. 

18. 

do. 

Thomas  Ivers. 
Timothy  White. 
Samuel  Webb. 

22. 

17. 

Paul    Baxter   of 
Boston,  cooper. 

18. 

do. 

Richard  Billings,  jr. 
Nathan  Spear. 
Benjamin  Barnard. 

23. 

22. 

James    Apthorp 
of  Boston,  mer- 
chant. 

25. 

do. 

Shrimpton  Hutchinson. 
Benjamin  Davis. 
Thomas  Ivers. 

March   2. 

22. 

Jacob  Treadwell 
of  Ipswich,  inn- 
holder. 

25. 

Lynde,  J. 

Michael  Farley. 
Daniel  Rogers. 
Nathaniel  Farley. 

1. 

17. 

William  Nichols 
of  Boston,  gen- 
tleman. 

25.' 

Hutchinson,  C.  J. 

Benjamin  Church. 
Atier  Stoddard. 
Jonathan  Brown. 

2. 

19. 

Thomas  Coverly 
of       Sudbury, 
trader. 

25. 

do. 

Robert  Gould. 
Daniel  Jones. 
Stephen  Cleverly. 

2. 

*  The  insolvency-act  (1764-65,  chap.  35,  and  1765-66,  chap.  2),  were  repealed  by  chap.  5  of  the 
acts  of  1766-67,  which  was  passed  June  27,  1766;  and  their  operation,  which  had  been  interrupted, 
for  a  while,  by  the  Stamp  Act,  was,  at  the  close  of  the  third  session  of  the  Assembly  of  1765-66, 
Buspended,  except  in  respect  to  proceedings  already  commenced,  by  a  resolve  (which  is  given,  in 
full,  in  the  note  to  1766-67,  chap.  5,  post)  passed  in  anticiis.ation  of  the  passage  of  the  repealing  act. 

The  Insolvency  acts  again  went  into  operation,  Feb.  3,  1768,  upon  receipt  of  notice  of  the  order  in 
Council  disallowing  the  repealing  act,  which,  it  seems  to  have  been  generally  assumed,  revived  the 
former  acts ;  but,  as  their  continuance  was  limited  to  March  12,  1708,  it  was  found  necessary  to  pass 
an  act  for  completing  unlinished  cases,  many  of  which  were  begun  in  this  short  interval.  This, 
however,  was  not  efl'ected  until  April  26,  1770.     (Act  of  17G9-70,  chap.  10.) 

The  following  notice  appeared  in  "  The  Massachusetts  Gazette  and  Boston  ITews-Letter  "  of  Feb. 
4,  1768:  — 

"  Province  of  the  Massachusetts  Bay.    In  Council,  Feb.  3,  1768. 

His  Excellency  having  laid  before  the  Board  an  Order  of  His  Majesty  in  his  Privy  Council 
dated  the  24th  IJay  of  July,  1767,  by  which  His  Majesty  hath  been  pleased  to  disallow  and  reject  an 
Act  passed  by  the  Great  and  General  C'uurtor  Assembly  of  this  Province  in  June  1766,  intituled  as 
follows;  viz.,  [Here  follows  the  title  of  the  repealing  act.] 

It  was  Advised  and  Ordered  that  Notice  be  given  in  the  Massachusetts  Gazette  that  all  Persons 
concerned  therein  may  govern  themselves  accordingly. 

A.  OLIVER,  Secr'y." 

t  "  Bailey,  "  in  trustees'  notice. 


[Notes.] 


Pkovince  Laws. — 1764-65. 


799 


Dato  of 
Warrant. 

Kames  of 
Debtors. 

First  pub- 
lication of 
notice. 

Judge. 

Names  of  Trustees. 

Date  of  no- 
tice of  tirst 
meeting. 

1768. 

1768. 

1768. 

Feb.     19. 

William  Jones  of 
Medford,     inn- 
holder. 

25. 

Hutchinson,  C.J. 

Daniel  Jones. 
Samuel  .Jenks. 
James  Kettell. 

1. 

19. 

Ebenezer  Lowell 
of      Newburj'- 
port,  hatter. 

25. 

Lynde,  J. 

Bulklcy  Emerson. 
John  Dummer. 
Abul  Grcenleaf. 

1. 

25. 

Lemuel    Stetson 
of         Boston, 
housewright. 

25.* 

Hutchinson,  O.J. 

Robert  Pierpont. 
Thomas  Maccarty. 
John  Soren. 

9. 

24. 

Samuel  Pierce  of 
Boston,      ship- 
wright. 

25.* 

do. 

Benjamin  Harrod. 
Robert  Pierpont. 
John  Ballard. 

2. 

24. 

Benjamin  Eaton 
of  Boston,  hat- 
ter. 

25.* 

do. 

Joseph  How. 
Nathan  Spear. 
Andrew  Boardman. 

3. 

24. 

Joseph  Tirrell  of 
Braintrce,  vict- 
ualler. 

25.* 

do. 

23. 

William     Darri- 
coltt  of  Boston, 
baker. 

25.* 

do. 

Thomas  Hutchinson,  jr. 
John  Sweetscr,  jr. 
Andrew  Black. 

2. 

22. 

Abiel    Lucas    of 
Boston,  mariner. 

25.* 

do. 

24. 

Robert  Sloan  of 
Boston,  distiller. 

25.* 

do. 

Andrew  Black. 
David  Flagg. 
Samuel  Sloan. 

1. 

23. 

John    Oliver    of 
Maiden,      vict- 
ualler. 

25.* 

do. 

Ebenezer  Harnden. 
James  Kettell. 
Benjamin  Edwards. 

1. 

24. 

Nathaniel      Em- 
mons of  Boston, 
goldsmith. 

25.* 

do. 

Samuel  Emmons. 
Josiah  Nottage. 
Thomas  Bumstead. 

3. 

24. 

Daniel  Ballard 
jr.,  of   Boston, 
ship-joiner. 

25.* 

do. 

Benjamin  Church,  jr. 
William  Iloskius. 
Thomas  Rice. 

3. 

22. 

Thomas  Hoppen 
of  Charlestown, 
baker. 

25.* 

do. 

Caleb  Call. 
Nathaniel  Rand. 
Jacob  Rhodes,  jr. 

2. 

22. 

John     Greer    of 
Newburyport, 
staymaker. 

25.* 

Lynde,  J. 

John  Holliday. 
Edward  Northey. 
Joseph  Swasey. 

7. 

24. 

Benjamin  Ingalls 
of      Newbury- 
port, gentleman, 
alias       tallow- 
chandler. 

25.* 

do. 

Moses  Littell. 
.Jeremiah  Pearson. 
John  Ingalls. 

1. 

March  2. 

James   Ureen  of 
Maiden,      hus- 
bandman. 

March    3. 

Hutchinson,  C.J. 

Ebenezer  Harnden. 
James  Kettell. 
Edward  Sprague. 

9. 

Feb.     25. 

James  Hayes  of 
Reading,  leath- 
er-dresser. 

3. 

do. 

22. 

Joseph  Smethurst 

3. 

Lynde,  J. 

of  Marblehead, 

tr.-idcr. 

March   1. 

John     Rand     of 
Newburyport, 
baker. 

3. 

do. 

William  Teel. 
Joseph  Frothingham. 
Andrew  Frothingham. 

7. 

1. 

Joseph  Wood  of 
Newburyport, 
chaisemaker. 

3. 

do. 

Benjamin  Harrod. 
John  Wood. 
Daniel  Balch. 

9. 

Feb.    27. 

Gideon  Parker  of 
Ipswich,    ship- 
wright. 

3. 

do. 

William  Dodge. 
William  .Tones. 
Nathaniel  Farley. 

15. 

27. 

Nathaniel       Co- 
nantsl  of  Bever- 
ly, yeoman. 

3. 

do. 

Benjamin  Jones. 
William  Dodge. 
Benjamin  Cleevoa. 

9. 

March  1. 

John  White  3d  of 
Haverhill,  gen- 
tleman. 

3. 

do. 

Edmund  Moores. 
John  White. 
Cornelius  Mansize. 

9 

2. 

William  Rhodes 
of  Boston,  mar- 
iner. 

4. 

Hutchinson,  C.J. 

*  "  Massachusetts  Gazette,"  extra,  dated  Feb.  25,  but  published  next  day. 
t  "Darracott,"  in  trustees'  notices, 
j  "  Conant,"  in  trustees'  notice. 


L 


800 


Pbovince  Laws. — 17G4-65. 


[Notes.] 


Date  of 
Warrant. 

Names  of 
Debtors. 

First  pub- 
lication of 
notice. 

Judge. 

Names  of  Trustees. 

Date  of  no- 
tice of  first 
meeting. 

1768. 
March  2.* 

Benjamin  Parker 
of  Rutland,  inn- 
holder. 

1768. 
March   4. 

Hutchinson,  C.  J. 

1768. 

9. 

Peter  Thurston  of 
Lancaster,  felt- 
maker. 

10. 

do. 

8. 

Joshua    Convers 
of    Cambridge, 
victualler. 

10. 

do. 

5. 

Jeremiah  Pecker 
of      Haverhill, 
gentleman. 

10. 

do. 

3. 

Henry   Spring  of 
Worcester,  gen- 
tleman. 

10. 

do. 

5. 

Phineas  Butler  of 
Lunenburg,  hus- 
bandman. 

10. 

do. 

4. 

Richard  Skinner 
of  Marblehead, 
merchant. 

10. 

Lynde,  J. 

Nathan  Bowen. 
Thomas  King. 
Thomas  Lewis. 

16. 

4. 

Samuel    Bradley 
of      Haverhill, 
trader. 

10. 

do. 

Isaac  Osgood. 
Benjamin  Moores. 
Joseph  Hayues. 

11. 

2. 

Daniel  Conant  of 
Beverly,     hus- 
bandman. 

10. 

do. 

Benjamin  Jones. 
William  Dodge. 
Benjamin  Cleeves. 

9. 

*  This  date  is  conjectural :  it  is  not  giveu  in  the  notice. 


ACTS, 

Passed      1765  —  66. 


[801] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-ninth  day  of  May,  A.D.  1765. 


CHAPTER   1. 

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

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives^ 

That  the  sum  of  thirteen  huudred  pounds  be  and  hereby  is  granted   Grant  of  £i, 300 
unto  his  most  excellent  majesty',  to  be  paid  out  of  the  public  treasur}'  of' his^majesty 's 
to  his  excellency  Francis  Bernard,  Esquire,  captain-general  and  gov-   governor, 
ernor-in-chief  in  and  over  his  majesty's  province  of  the  Massachusetts 
Bay,  to  enable  him  to  carry  on  the  affairs  of  this  government.     [^Passed 
June  6  ;  published  June  25. 


CHAPTER    2. 


AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "  AN  ACT  FOR  PREVENT- 
ING FRAUD  IN  DEBTORS,  AND  FOR  SECURING  THE  EFFECTS  OF 
INSOLVENT  DEBTORS  FOR  THE  BENEFIT  OF  THEIR  CREDITORS." 

Whereas,  in  and  by  an  act  made  and  passed  in  the  present  year  of 
his  majesty's  reign,  intitled  "  An  Act  for  preventing  fraud  in  debtors, 
and  for  securing  the  effects  of  insolvent  debtors  for  the  benefit  of  their 
creditors,"  it  is  provided,  among  other  things,  as  follows  ;  viz.,  "  That 
if  any  absconding  or  concealed  debtor  or  debtors  shall,  at  any  time  after 
the  appointment  of  trustees,  and  the  meetings  of  the  creditors  as  afore- 
said, offer  to  surrender  themselves,  and  disclose  and  also  deliver  up  their 
■whole  estate,  if  any  shall  remain  in  their  hands,  and  the  major  part  of 
the  creditors  in  number  and  value,  shall,  in  order  to  the  discharge 
of  such  debtor  or  debtors,  present  a  petition  to  any  two  of  the  justices 
of  the  superior  court  of  judicature,  court  of  assiz-:^  and  general  goal 
delivery,  it  shall  and  ma}'  be  lawful  for  such  two  justices,  if  no  just 
objection  be  offered,  to  discharge  such  debtor  or  debtors  accordingly  ;  " 
and  lohereas  absconding  or  concealed  debtors,  having  surrendered  their 
whole  estates,  are  rendered  incapable,  during  their  confinement,  of  sup- 
porting themselves  and  families, — 

Be  it  therefore  enacted  b>/  the  Governor,  Council  and  House  of 
Represe  ntat  ives , 

[Sect.  1.]  That  if  anj-  absconding  debtor,  after  the  appointment  of 
trustees  of  his  or  her  estate,  pursuant  to  the  provision  made  in  the 
aforesaid  act,  shall  deliver,  in  writing,  to  the  said  trustees,  an  account 
of  all  his  or  her  creditors,  and  the  sums  respectively  due  and  owing  to 

803 


Preamble. 
1764-65,  chap. 
35,  §  11. 
15  Mass.  406. 


Debtor  who 
shall  deliver  in 
a  true  account 
upon  oath  shall, 
upon  certificate 
from  the  major 


804 


Province  Laws. — 1765-66. 


[Chap.  2.] 


part  of  tbe 
creditors,  be 
freed  from 
Arrest. 


TJpon  tbe  death 
or  removal  of 
any  trustee  or 
trustees,  the 
creditors  may 
appoint  others. 


Sheriff  to  make 
a  true  inventory 
of  estate  or 
effects  seized 
and  taken. 


Creditors  who 
have  made  at- 
tachments, not 
to  share  with 
other  creditors 
•unless  they 
shall  discon- 
tinue their  suits. 


Limitation. 


them,  and  shall  make  oath  that  such  account,  according  to  the  best  of 
his  or  her  knowledge  and  belief,  is  just  and  true,  and  the  major  })art  of 
such  creditors  in  number  and  value,  shall,  by  writing,  under  their  hands, 
or  the  hands  of  their  attornies,  desire  that  the  bod}'  of  such  debtor  may 
be  freed  from  arrest,  it  shall  and  may  be  lawful  for  any  one  of  the 
justices  of  the  superior  court  of  judicature,  court  of  assize  and  gen- 
eral goal  delivery,  to  certif}',  under  his  hand,  that  the  major  part  in 
number  and  value  of  the  creditors  of  such  debtor  have  signified  their 
consent  that  he  or  she  be  free  from  arrest ;  and  from  and  after  the  date 
of  such  certificate,  such  debtor,  for  all  debts  contracted  before  the 
issuing  the  warrant  to  attach  and  seize  his  or  her  estate,  shall  be  free 
from  arrest  for  and  during  the  term  of  eighteen  months  from  the  first 
appointment  of  trustees,  and  also  for  and  during  the  further  term  of 
two  months  after  the  expiration  of  the  said  eighteen  months ;  that  so 
the  major  part  of  the  creditors,  whose  claims  shall  have  been  allowed, 
may  have  opportunity,  if  they  see  cause,  of  presenting  a  petition  for 
the  final  discharge  of  such  debtor,  pursuant  to  the  provision  made  in 
the  aforesaid  act. 

And  be  it  further  enacted, 

[Sect.  2.]  That  in  case  of  the  death  or  removal  out  of  the  prov- 
ince of  any  trustee  or  trustees  appointed  by  virtue  of  the  aforesaid  act, 
it  shall  and  may  be  lawful  for  the  creditors,  present  at  any  meeting  duly 
called,  by  a  major  vote,  to  chuse  another  trustee  or  trustees  in  his  or 
their  steac]^  and  in  case  an}'  trustee  or  trustees  appointed  as  aforesaid 
shall  desire  to  be  excused  from  continuing  in  such  trust,  it  shall  and 
may  be  lawful  for  the  major  part  of  the  creditors  present  at  any  meet- 
ing duly  called,  to  chuse,  if  the}'  see  cause,  another  trustee  or  trustees 
in  his  or  their  stead. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  the  respective  sheriff  or  sheriffs  to  whom  an}'  war- 
rant for  attaching,  seizing  and  securing  the  effects  of  any  absconding 
or  concealed  person  shall  be  directed,  in  pursuance  of  the  aforesaid  act, 
be  and  hereby  are  required  to  make  a  just  and  true  inventory  of  all  the 
estate  and  effects  seized  and  taken,  and  return  the  same,  signed  by  him- 
self, to  the  justice  who  shall  have  issued  the  warrant  as  aforesaid. 

And  be  it  further  enacted, 

[Sect.  4.]  That  if  any  creditor  of  any  debtor  whose  estate  shall 
by  warrant  be  hereafter  attached,  seized  and  secured,  in  pursuance  of 
the  aforesaid  act,  shall  have  made  any  attachment  of  the  goods  or  estate 
of  such  debtor,  or  commenced  any  process  against  any  trustee  of  such 
debtor,  upon  which  attachment  or  process  judgment  shall  not  have  been 
recovered  before  the  date  of  the  said  warrant,  such  creditor  shall  not 
be  admitted  to  share  any  part  or  proportion  of  such  debtor's  estate 
with  his  other  creditors,  unless  such  creditor  shall  discontinue  such  suit 
or  process,  or  cause  or  suffer  the  judgment  which  may  be  recovered 
thereon  to  enure  to  the  common  use  and  benefit  of  the  creditors  of  such 
debtor,  anything  in  the  aforesaid  act  to  the  contrary  notwithstanding. 

[Sect.  5.]  This  act  to  continue  and  be  in  force  until  the  twelfth  day 
of  March,  one  thousand  seven  hundred  and  sixty-eight,  and  no  longer. 
[^Passed  June  18  ;  published  June  25. 


[1st  Sess.]  Peovdjce  Laws.— 1765-66.  805 


CHAPTEK    3. 

AN  ACT  TO  ESTABLISH  AND  CONFIRM  THE  RECORDS  OF  THE 
PROPRIETORS  OF  ATHOL. 

Whisreas,  in  the  beginning  of  tlie  first  settlement  of  a  tract  of  land  Preamble, 
at  a  place  called  and  known  by  the  name  of  Pequoig,  now  Athol,  in  the 
county  of  Worcester,  and  for  man}'  years  after,  Joseph  Lord,  Esq., 
"was  their  proprietors'  clerk,  who,  removing  out  of  this  province,  carried 
the  records  of  the  said  propriety  with  him,  which  cannot  be  obtained  ; 
since  which  the  said  proprietors,  from  original  papers,  have  made  and 
agreed  upon  a  new  book  of  records,  which,  with  the  records  of  the 
transactions  of  some  meetings  of  said  proprietors,  now  in  the  hands  of 
the  Reverend  Mr.  Abraham  Hill,  their  late  clerk,  will  make  a  compleat 
book  of  records  to  this  time ;  and  the  said  proprietors  having  made 
application  to  this  court  that  the  same  ma}'  be  confirmed :  where- 
fore,— 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  Reverend  Mr.  Abraham  Hill,  late  the  proprietors'  clerk  of  The  records  of 
the  town  of  Athol,  in  the  county  of  Worcester,  be  and  hereby  is  directed  of^'i^thoi"'^^*^* 
and  required  to  deliver  the  records  of  the  transactions  of  the  several  estabUshed. 
meetings  of  the  said  proprietors  of  Athol,  now  in  his  hands,  to  Nathan 
Goddard,  their  present  clerk,  which,  with  the  book  of  records,  voted  and 
agreed  upon  by  the  said  proprietors  at  their  meeting  on  the  third  day  of 
Ma}',  one  thousand  seven  hundred  and  sixty-three,  now  in  the  said 
Goddard's  hands,  are  hereby  established  and  confirmed,  as  the  records 
of  said  proprietors,  to  all  intents  and  purposes  whatsoever,  so  as  to  bind 
the  said  proprietors,  and  no   others.      \_Passed   J^me  18  ;   published 
June  25. 


CHAPTEE    4. 

AN  ACT  TO  IMPOWER  THE  PROVINCE  TREASURER  TO  DRAW  BILLS  OF 
EXCHANGE  UPON  JASPER  MAUDUIT,  ESQ.,  LATE  AGENT  OF  THE 
PROVINCE  IN  GREAT  BRITAIN. 

Whereas  there  will  remain  in  the  hands  of  Jasper  Mauduit,  Esq.,  Preamble, 
the  sum  of  eight  thousand  three  hundred  thirty-three  pounds  seven- 
teen shillings  and  sixpence  sterling,  after  payment  of  the  bills  for  which 
the  treasurer  is,  by  a  former  act,  impowered  to  draw,  being  part  of  the 
sum  he  received,  on  behalf  of  this  province,  out  of  the  grant  made  by 
parliament  to  enable  his  majesty  to  recompence  his  northern  colonies 
in  America  for  their  military  services, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  province  treasurer  be  and  he  hereby  is  impowered  and  di-  province 
rected  to  draw  bills  of  exchange  on  Jasper  Mauduit,  Esq.,  late  agent  of  po^^gred^o™* 
this  province,  for  a  sum  not  exceeding  eight  thousand  and  thirty-three  drawbiusof 
pounds  seventeen  shiUings  and  sixpence  ;  and  the  said  bills  shall  be  «^'='^*°s«- 
drawn  on  the  following  condition  ;  viz.,  that  for  every  hundred  pounds 
sterling  for  which  such  bills  shall  be  drawn,  one  hundred  and  thirty- 
five  pounds  lawful  money  of  this  province  shall  be  paid  into  the  prov- 
ince treasury  ;  that  such  bills  shall  be  drawn,  payable  to  the  persons 
purchasing  the  same,  or  to  their  order,  at  thirty  days'  sight ;  but  if  the 
said  Jasper  Mauduit,  at  the  expiration  of  thirty  days,  shall  not  pay  the 


806 


Peovince  Laws. — 1765-66. 


[Chap.  5.] 


said  bills,  then  interest  shall  be  allowed,  from  the  expiration  of  said 
thirty  da3's,  at  the  rate  of  six  per  cent  per  annum,  until  paid  ;  and  such 
bills  shall  not  be  protested  untill  twelve  months  shall  be  expired  from 
their  respective  dates  ;  and  in  case  of  their  being  returned  protested, 
after  the  expiration  of  said  twelve  months,  the  province  treasurer  shall 
repay  the  sums  received  into  the  treasury  for  such  bills,  with  the  lawful 
interest  from  their  respective  dates,  but  shall  not  be  liable  to  pay  any 
loss  or  damages  on  account  of  the  protesting  such  bills  :  said  bills  to  be 
of  the  form  following  ;  viz., — 


sterling.     (No.  ),  Boston, 


,176 


Form  of  the  Exchange  for  £ 

bill.  Sir, 

At  thirty  days'  sight  of  this  my  first  per  exchange  (second,  third  and  fourth, 
of  the  same  tenor  and  date,  unpaid),  pay  unto  ,  or  order, 

pounds  sterling,  for  value  received,  and  charge  it  to  the 
province  of  the  Massachusetts  Bay;  but  if  it  is  not  paid  at  said  thirty  days' 
sight,  then  pay  interest  on  that  sum,  from  the  expiration  of  said  thirty  days 
until  paid,  at  the  rate  of  six  pounds  per  cent  per  annum;  and  if  tliis  bill  and 
interest  is  not  paid  in  twelve  months  from  the  date  hereof,  I  hereby  oblige  myself, 
and  successors  in  the  office  of  treasurer  of  the  province  of  tlie  Massachusetts 
Bay,  to  pay  said  bill,  with  interest  from  the  date  of  it,  at  the  above  rate,  until 
paid,  when  it  shall  be  returned  with  a  protest  into  the  office  aforesaid,  but  no 
other  charges  or  damages  :  provided,  that,  if  payment  shall  not  be  demanded 
within  fifteen  months  after  the  date  of  said  protest,  the  interest  shall,  from 
"that  time,  determine  and  cease. 

H.  G.,  Province  Treasurer. 
To  Jasper  Mauduit,  Esq.,  late  agent  for  the  province  of  the  Massachusetts 
Bay,  in  London. 

\_Passed  June  21  ;  published  June  25. 


CHAPTEE    5. 

AN  ACT  FOR  REGULATING  THE  GRAMMAR  SCHOOL  IN  IPSWICH,  IN 
THE  COUNTY  OF  ESSEX,  AND  FOR  INCORPORATING  CERTAIN  PER- 
SONS TO  MANAGE  AND  DIRECT  THE   SAME. 


Preamble. 


8  Met.  584,  594. 


Whereas  divers  piously  disposed  persons,  in  the  first  settlement  of 
the  town  of  Ipswich,  in  the  count}'  of  Essex,  granted  and  conve3'ed  to 
feoffees  in  trust,  and  to  such  their  successors  in  the  same  trust  as  those 
feoflfees  shoidd  appoint,  to  hold  perpetual  succession,  certain  lands, 
tenements  and  annuities  b}'  them  mentioned,  for  the  use  of  school- 
learning  in  the  said  town  forever ;  of  which  feoffees  John  Choate, 
Samuel  Rogers,  Aaron  Potter  and  Francis  Choate,  Esqrs.,  are  the  only 
survivors  ;  and  whereas  the  said  town  of  Ipswich  did  also,  in  their 
laudable  concern  for  promoting  learning,  about  the  same  time,  and  for 
the  same  uses,  give  and  grant  to  certain  persons  in  their  grants  men- 
tioned, and  to  such  others  as  the  said  town  should  appoint,  a  large 
farm,  then  called  a  neck  of  land,  scituate  in  Chcbacco,  in  the  said 
Ipswich,  with  some  other  lands,  the  rents  of  which  to  be  api)lied  to  the 
use  of  learning  in  said  town  as  aforesaid  ;  but,  as  is  apprehended,  no 
power  was  given  by  the  said  town,  to  their  trustees,  to  appoint  successors, 
in  that  trust,  for  receiving  and  appljdng  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,  dis- 
putes have  heretofore  arisen  between  the  said  town  and  the  said  feof- 
fees ;  and  also  some  doubts  have  arisen  whether,  b}-  the  constitution  of 
those  grants  as  aforesaid,  it  is  in  the  power,  either  of  the  said  town  or 


[1st  Sess.] 


Province  Laws.— 1765-66. 


807 


feoffees,  to  compel  the  paj-ment  of  the  rents  of  said  farm  and  other 
lands  granted  by  said  town,  as  before  mentioned  ;  and  ivhereas,  for  the 
removal  of  the  aforesaid  difficulties,  on  the  joint  application  of  both 
said  town  and  the  then  feoffees,  this  court  did,  in  the  twenty-ninth  3'ear 
of  his  late  majesty  King  George  the  Second,  by  one  act  then  passed, 
intituled  "An  Act  for  regulating  the  grammar  school  in  Ipswich,  and 
for  incorporating  certain  persons  to  manage  and  direct  the  same,"  em- 
power the  then  surviving  feoffees,  with  three  successors,  together  with 
part  of  the  selectmen  of  said  town,  for  the  time  being,  as  an  incorporate 
bod^',  to  manage  and  direct  the  affairs  of  said  school  for  ten  years  then 
next  coming,  in  manner  as  in  said  act  is  expressed,  which  ten  3'ears 
will  expire  on  the  first  day  of  March  next ;  and  ivhereas  it  has  bceu 
found  by  experience  that  the  said  act  has  been  of  great  advantage  to 
the  interest  of  learning  in  said  town,  and  that  all  doubts  and  disputes 
aforementioned,  from  the  passing  of  said  "act,  have  ceased,  and  the 
parties  concerned  have  desired  the  continuance  of  the  aid  of  this  court 
touching  the  premisses  ;  wherefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  from  and  after  the  first  day  of  March  next,  the 
aforenamed  John  Choate,  Samuel  Rogers,  Aaron  Potter  and  Francis 
Choate,  Esqrs.,  the  present  surviving  feoffees  on  the  part  of  the  private 
persons  granting  lands  as  aforesaid,  together  with  Michael  Farlow, 
Samuel  Burnham  and  Samuel  Lord  the  third,  three  of  the  present 
selectmen  of  the  said  town  of  Ipswich,  shall  be  and  they  are  hereb}^ 
incorjDorated  a  joint  committee  or  feoffees  in  trust,  with  full  power  and 
authority  by  the  whole,  or  the  major  part  of  them,  to  pass  necessary 
leases  of  any  of  said  lands,  not  prejudicial  to  any  lease  ah-ead}'  made 
and  not  exceeding  the  term  of  twenty-one  years  at  any  one  time ;  also 
to  demand  and  receive  all  rents  and  annuities,  on  such  other  grants  or 
leases  relative  to  said  school,  that  now  is  or  that  hereafter  may  be, 
and,  if  need  be,  to  sue  for  and  recover  the  same,  either  by  themselves  or 
by  their  attorney  ;  also  to  appoint  a  clerk  and  treasurer,  also  a  gram- 
mar-school master,  from  3-ear  to  year  ;  and,  from  time  to  time,  to  agree 
with  him  and  them  for  his  and  their  salaries  ;  and  to  apply  the  said 
rents,  grants  and  annuities  for  the  pa3-ment  of  his  and  their  salaries, 
and  for  the  discharge  of  other  necessary  expences  attending  this  affair, 
so  far  as  those  rents,  grants  and  annuities  will  go ;  with  a  lilic  power 
from  time  to  time  to  inspect  the  said  school  and  master,  and,  in  gen- 
eral, to  transact  and  order  all  matters  and  things  relative  to  said  school, 
and  to  all  the  lands,  grants,  rents  and  annuities  that  do  now,  or  that 
may  hereafter,  belong  to  said  school,  arising  from  the  donations  afore- 
said, so  as  best  to  answer  the  general  design  and  intent  thereof; 
annuall}'  laying  an  account  of  their  proceedings  in  this  trust  before  the 
said  town,  at  their  March  meeting,  for  their  inspection. 

And  for  the  continuance  of  the  succession  of  the  aforenamed  com- 
mittee or  feoffees, — 

Be  it  further  enacted, 

[Sect.  2.]  That  if  either  the  said  John  Choate,  Samuel  Rogers, 
Aaron  Potter  or  Francis  Choate,  shall  decease,  or  move  out  of  the  said 
town  of  Ipswich,  or  otherwise  become  incapable  or  unfit  to  discharge 
said  trust,  or  unreasonably  neglect  to  do  it,  it  shall  and  may  be  lawful 
for  the  surviving  and  qualified  remainder  of  those  four  persons,  from 
time  to  lime,  to  appoint  some  other  suitable  and  qualified  person  or 
persons  in  his  or  their  room  so  deceasing,  removing  or  otherwise  un- 
qualified, or  neglecting  his  or  their  duty  as  aforesaid ;  which  power  of 
appointment  shall  descend  to  those  so  appointed,  so  as  alwa3S  to  have 
four  of  said  feoffees  constituted  in  this  wa}',  and  no  more  ;  no  person  at 


1755-56,  chap. 
26. 


Feoffees  of 
Ipswich  school 
appointed. 


Their  power. 


Vacanciea 
among  the 
feoffees,  how  to 
he  tilled  up. 


808 


PROVINCE  Laws. — 1765-66. 


[Chap.  6.] 


PeofFees  may 
sue  or  be  eaed, 

8B  BUCb. 


Limitation. 


any  time  to  be  appointed  that  is  not  an  inhabitant  of  the  said  town  of 
Ipswich :  and  the  selectmen  aforesaid,  by  this  act  incorporated  as 
aforesaid,  shall,  from  year  to  year,  be  succeeded  b}'  the  three  eldest,  in 
that  office,  of  the  selectmen  of  that  town,  other  than  such  of  them  as  be 
also  one  of  the  feoffees  constituted  as  aforesaid  ;  and  in  case  it  shall 
so  happen,  at  an}^  time,  that  there  are  not  three  selectmen  chosen  by 
the  said  town  who  have  served  in  that  office  before,  then  those  first 
named  in  such  choice  shall  succeed  as  aforesaid. 

And,  for  rendering  the  whole  more  effectual, — 

Be  it  further  enacted, — 

[Sect.  3.]  That  the  aforesaid  committee,  or  feoffees  in  trust,  ma}', 
in  all  matters  relative  to  said  grammar  school,  in  which  the}-  may  by 
force  of  this  act  be  concerned,  sue  or  be  sued  by  the  name  of  Feoffees  of 
the  Grammar  School  in  the  town  of  Ipswich,  in  the  count}-  of  Essex ; 
and  in  this  power  their  successors  shall,  from  time  to  time,  be  included, 
with  respect  to  the  transactions  of  those  who  may  have  preceeded  them 
in  that  trust. 

[Sect.  4.]  This  act  to  continue  and  be  in  force  for  the  term  of 
twenty-one  years  from  the  first  day  of  March  next,  and  no  longer. 
[^Passed  June  21 ;  published  June  25. 


CHAPTEK    6. 

AN  ACT  FOE,  INCORPORATING  THE  SECOND  PRECINCT,  IN  THE  TOWN 
OF  STOUGHTON,  IN  THE  COUNTY  OF  SUFFOLK,  AS  IT  NOW  IS,  INTO 
A  DISTRICT  BY  THE  NAME   OF  STOUGHTONHAM. 


Preamble. 


Stougbtonham 
erected  into  a 
district,  by 
certain  bounds. 


To  join  witb 
Stougbton  in 
choosing 
representatives. 


Proviso  respect- 
ing taxes. 


Whereas  the  inhabitants  of  the  second  precinct  in  Stoughton  labour 
under  great  difficulties  by  reason  of  their  distance  from  the  place  where 
the  town-meetings  are  held  in  the  said  town, — 

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

[Sect.  1.]  That  the  second  precinct  in  the  town  of  Stoughton,  by 
the  same  bounds  and  limits  which  the  said  second  precinct  now  have, 
be  and  hereby  are  incorporated  into  a  separate  district  by  the  name  of 
Stougbtonham ;  and  that  the  inhabitants  thereof  be  vested  with  all  the 
powers,  privileges  and  immunities  which  the  inhabitants  of  any  town 
within  this  province  do  or  by  law  ought  to  enjoy,  excepting  ouly  the 
privilege  of  sending  a  representative  to  the  general  assembly  ;  and  that 
the  inhabitants  of  said  district  shall  have  liberty,  from  time  to  time,  to 
join  with  the  town  of  Stoughton  in  the  choice  of  a  representative  or 
representatives,  which  representatives  may  be  chosen  indifferently  from 
said  town  or  district,  the  pay  or  allowance  of  such  representatives  to  be 
borne  by  the  said  town  and  district,  according  to  their  respective  pro- 
portions of  the  province  tax  ;  and  that  the  town  of  Stoughton,  as  often 
as  they  shall  call  a  meeting  for  the  choice  of  representatives,  shall,  from 
time  to  time,  give  seasonable  notice  to  the  clerk  of  the  said  district  of 
Stougbtonham,  for  the  time  being,  of  the  time  and  place  for  holding  said 
meeting,  to  the  end  that  the  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  be  it  further  enacted, 

[Sect.  2.]  That  the  said  district  shall  pay  their  proportion  of  all 
such  province,  county  and  town  taxes  already  granted  to  be  raised 
in  the  town  of  Stoughton,  and  shall  also   bear  their  proportionable 


[1st  Sess.] 


Province  Laws. — 1765-66. 


809 


part  of  supporting  the  poor  of  the  town  of  Stoughton  that  are  at  this 
time  relieved  bj-  said  town  :  provided,  that  tlie  district  of  Stoughtonham 
shall  not  be  liable  to  maintain  any  persons  within  the  same  who  have 
been  legally  warned  out  of  the  town  of  Stoughton,  but,  by  virtue  of 
said  warning,  shall  have  the  same  privilege  of  removing  such  persons 
as  the  town  of  Stoughton  could  have  in  case  they  had  remained  therein. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  town  of  Stoughton  shall  pay  to  the  said  dis- 
trict of  Stoughtonham,  yearly,  and  every  year,  their  proportionable  part 
of  the  income  of  all  the  money  that  is  appropriated  to  the  use  of  the 
school  in  Stoughton,  and  also  their  proportionable  part  of  said  Stough- 
ton's  part  of  the  3'early  profits  and  incomes  of  two  farms  that  were  ap- 
propriated by  the  town  of  Dorchester  to  the  use  of  the  school ;  one  of 
which  is  now  annexed  to  the  town  of  Dedham,  commonl}^  called  White's 
Farm,  the  other  is  now  annexed  to  the  town  of  Wrentham,  and  com- 
monly called  Hewes's  Farm ;  all  of  which  incomes  and  profits  the  said 
district  of  Stoughtonham  shall  be  intitled  to,  and  receive  of  the  town 
of  Stoughton,  yearl}-,  and  every  j'ear,  in  the  same  proportion  as  they 
now  paj^  their  part  of  the  province  tax  in  said  town. 

And  be  it  further  enacted, 

[Sect.  4.]  That  Joseph  Hewins,  Esq.,  be  and  hereby  is  impowered 
to  issue  a  warrant,  directed  to  some  principal  inhabitant  in  said  dis- 
trict, requiring  him  to  warn  all  the  inhabitants  in  said  district,  qualified 
to  vote  in  town  affairs,  to  meet,  at  such  time,  and  place  within  said  dis- 
trict, as  he  shall  think  proper,  to  chuse  all  such  officers  as  towns,  by  law, 
are  intitled  to  chuse.     [^Passed  June  21. 


Proviso  respect- 
ing persons 
who  Lave  been 
warned  out  of 
Btoughtoa. 


To  receive  of 
Stoughton  the 
proportion  of 
certain  incomes 
for  the  school. 


The  first  meet- 
ing,  how  to  be 
notified. 


CHAPTEE  7. 

AN  ACT  TO  ERECT  THE  PLANTATION  CALLED  WEST  HOOSUCK,  IN 
THE  COUNTY  OF  BERKSHIRE,  INTO  A  TOWN  BY  THE  NAME  OF 
WILLIAMSTO^T^. 


"Whereas  it  has  been  represented  to  this  court  that  the  erecting  the 
plantation  called  West  Hoosuck,  into  a  town,  will  greatly'  contribute  to 
the  growth  thereof,  and  remedj'  many  inconveniences  to  which  the  in- 
habitants and  proprietors  may  be  otherwise  subject, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  plantation  called  West  Hoosuck,  bounded  as 
follows;  viz.,  north,  on  the  province  line;  west,  and  south,  on  unap- 
propriated lands  of  this  province ;  and  east,  part  on  East  Hoosuck, 
and  partly  on  unappropriated  lands  belonging  to  this  province, — be  and 
hereby  is  erected  into  a  town  by  the  name  of  Williamstown ;  and  that 
the  inhabitants  thereof  be  and  hereb}'  are  invested  with  all  the  powers, 
privileges  and  immunities  which  the  inhabitants  of  the  towns  within  this 
province  do  enjoj'. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  all  taxes  to  be  raised  within  said  town  for  settling 
a  minister,  building  a  meeting-house,  clearing  and  repairing  roads,  be 
levied  upon  the  several  proprietors  of  said  plantation  according  to  their 
interest,  until  the  further  order  of  this  court ;  and  that  said  inhabitants 
proceed  by  the  same  rules,  in  levjdng  and  collecting  said  taxes,  as  pro- 
prietors in  new  plantations  are  b}'  law  obliged  to  observe. 

And  be  it  farther  enacted, 

[Sect.  3.]     That  William  Williams,  Esq.,  be  and  herebj'  is  impow- 


Preamble. 


Williamstown 
erected  into  a 
town,  by  certain 
bounds. 


Taxes  to  be 
levied  on  pro- 
prietors, for 
certain  services, 
until  further 
orders. 


The  first  meet- 


810 


PEOvmcE  Laws.— 1765-66.      [Chaps.  8,  9.] 


ing,  how  to  be 
notified. 


ered  to  issue  a  warrant,  directed  to  some  principal  inliabitant  in  said 
town,  requiring  him  to  warn  the  inhabitants  of  the  said  town,  qualified 
by  law  to  vote  in  town  affairs,  to  meet  at  such  time  and  place  as  shall 
be  therein  set  forth,  to  chuse  all  such  officers  as  ai-e  or  shall  be  required 
by  law  to  manage  the  affairs  of  said  town.     l_Passed  June  21. 


CHAPTEK  8. 

AN  ACT  FOR  ERECTING    A    TOWN    IN    THE    COUNTY    OF  LINCOLN,  BY 
THE  NAME  OF  BRISTOL. 


Preamble. 


Bristol  made  a 
town,  by  certain 
bounds. 


First  meeting, 
how  to  be 
notified. 


Whereas  the  inhabitants  of  a  tract  of  land  on  the  eastern  side  of 
Damariscotta  River,  in  the  county  of  Lincoln,  known  by  the  name 
of  Walpole,  Herrington  and  Pemaquid,  so  called,  have  petitioned  this 
court,  that,  for  the  reasons  mentioned,  they  may  be  incorporated  into  a 
town,  and  vested  with  the  powers  and  privileges  belonging  to  other 
towns  ;  for  the  encouragement  of  said  settlement, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  said  tract  of  land,  described  and  bounded  as 
follows;  viz.,  beginning  at  a  heap  of  stones  at  the  head  of  Brown's 
Cove,  near  the  great  Salt  Water  Falls  in  Damariscotta  River,  on  the 
eastern  side  of  the  said  river,  running,  a  south-easterly  course,  to  a  heap 
of  stones  at  a  place  called  Bound  Pond,  five  miles  and  a  half;  from 
thence,  to  run  a  south-westerly  course,  to  Pemaquid  Point,  as  the  shore 
lies  ;  and,  from  Pemaquid  Point,  as  the  shore  lies,  up  Damariscotta 
River,  to  the  first-mentioned  bounds  ;  and  also  all  the  islands  lying 
within  six  miles  from  the  main-land  to  the  south,  between  the  afore- 
mentioned river  Damariscotta  and  Pemaquid  Point,  —  be  and  hereb}-  are 
erected  into  a  town  by  the  name  of  Bristol ;  and  the  inhabitants  thereof 
shall  have  and  enjoy  all  such  immunities  and  jprivileges  as  other  towns 
in  this  province  have  and  do  b}-  law  enjoy. 

And  be  it  further  enacted, 

[Sect.  2.]  That  Thomas  Rice,  Esq.,  be  and  hereb}' is  impowered  to 
issue  his  warrant  to  some  principal  inhabitant  of  the  said  town  of  Bris- 
tol, requiring  him,  in  his  majesty's  name,  to  warn  and  notify  the  said 
inhabitants,  qualified  to  vote  in  town  affairs,  to  meet  together,  at  such 
time,  and  place  in  said  town,  as  shall  be  appointed  in  said  warrant,  to 
chuse  such  officers  as  the  law  directs  and  ma}'  be  necessary  to  manage 
the  affairs  of  said  town  ;  and  the  inhabitants,  so  met,  shall  be  and 
hereby  are  impowered  to  chuse  such  officers  accordingly.  \_Passed 
June  21. 


CHAPTEK    9. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  ONE 
HUNDRED  AND  NINETY-SEVEN  THOUSAND  POUNDS,  TO  BE  APPLIED 
FOR  THE  REDEMPTION  OF  GOVERNMENT  SECURITIES  THAT  WILL 
BECOME  DUE  IN  JUNE,  ONE  THOUSAND  SEVEN  HUNDRED  AND 
SIXTY-SIX. 


Be  it  enacted  hy  the  Governor,  Council  and  House  of  Representa- 
tives, 
Treasurer  em-  [Sect.  1.]     That  the  treasurer  of  the  proviucc  be  and  he  hereby  is 

row  £197,000.°'    directed  and  impowered  to  borrow,  of  such  person  or  persons  as  shall 


[1st  Sess.] 


Province  Laws. — 1765-66. 


811 


appear  read}'  to  lend  the  same,  from  time  to  time,  as  he  shall  have 
occasion  for  the  mone}',  a  sum  not  exceeding  one  hundred  and  ninety- 
seven  thousand  pounds,  in  mill'd  dollars  at  six  shillings  each,  or  in  the 
several  species  of  coined  silver  and  gold  enumerated  in  an  act,  made 
and  passed  in  the  twentj^-third  3ear  of  his  late  majest}'  King  George 
the  Second,  intituled  "An  Act  for  ascertaining  the  rates  at  which 
coined  silver  and  gold,  English  halfpence  and  farthings,  may  pass 
within  the  government"  ;  and  the  sum  so  borrowed  shall  be  applied  in 
manner  as  in  this  act  is  hereafter  directed  ;  and  for  the  said  sum  the 
treasurer  shall  give  his  receipt  or  obligation  in  the  form  following : — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D. 

Borrowed  and  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  promise  and  oblige  myself  and  successors  in  the  office  of 
treasurer  to  repay  the  said  or  to  his  order,  the  twentieth 

day  of  June,  A.D.  one  thousand  seven  hundred  and  sixty-seven,  the  aforesaid 
sum  of  ,  in  Spanish  mill'd  dollars  at  six  shillings 

each,  or  in  the  several  species  of  coined  silver  and  gold  enumerated  in  an  act, 
made  and  passed  in  the  twenty-third  year  of  his  late  majesty  King  George 
the  Second,  intituled  "  An  Act  for  ascertaining  the  rates  at  which  coined  sil- 
ver and  gold,  English  halfpence  and  farthings,  may  pass  within  the  govern- 
ment," and  according  to  the  rates  therein  mentioned,  with  the  interest, 
annually,  at  five  per  cent. 

Witness  my  hand.  IL  G.,  Treasurer. 

A.  B.,) 

C.  D., )-  Committee. 

E.  F.,> 


1749-50,  chap. 
19. 


Form  of  the 

treasurer's 

notes. 


■ — and  no  receipt  shall  be  given  for  less  than  six  pounds. 

[Sect.  2.]  And  the  treasurer,  in  issuing  said  receipts  or  obliga- 
tions, and  the  committee  chosen  to  countersign  them,  shall  observe  and 
be  governed  b}"  the  rules  and  directions  given  them  by  an  act  of  this 
province,  made  in  the  second  3-ear  of  his  present  majesty's  reign,  in- 
tituled "An  Act  to  supply  the  treasury  with  the  sum  of  twenty-five 
thousand  pounds." 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  said  sum  of  one  hundred  and  ninetj'-seven 
thousand  pounds,  ordered  to  be  borrowed  by  this  act,  when  received 
into  the  treasury-,  shall  be  applied  by  the  treasurer  for  the  redemption 
of  government  securities  that  will  become  due  in  June,  one  thousand 
seven  hundred  and  sist3'-six. 

And  in  order  to  draw  said  mone^'  into  the  treasury*  again,  and  enable 
the  treasurer  effectuall}'  to  discharge  the  receipts  and  obligations  (with 
the  interest  that  maj-  be  due  thereon)  by  him  given  in  pursuance  of 
this  act, — 

Be  it  enacted, 

[Sect.  4.]  That  there  be  and  hereby  is  granted  unto  his  most 
excellent  majesty  a  tax  of  one  hundred  and  ninet^'-seven  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  this  province,  as  shall  be 
agreed  on  and  ordered  b}'  the  general  court  or  assemblj-  at  their 
sessions  in  Ma}',  one  thousand  seven  hundred  and  sixt3'-six,  and  to  be 
paid  into  the  public  treasury  on  or  before  the  thirt3--first  da3-  of  March, 
one  thousand  seven  hundred  and  sixt3'-seven. 

Arid  be  it  further  enacted, 

[Sect.  5.']  That  if  the  general  court,  at  their  sessions  in  May,  one 
thousand  seven  hundred  and  sixty-six,  and  some  time  before  the 
twentieth  day  of  June  in  said  year,  shall  not  agree  and  conclude  upon 


Treasurer  to 
observe  the 
directions  of  the 
act  of  the  second 
year  of  his  pres. 
ent  majesty's 
reiga. 

1761-62,  chap. 
23. 


Money  bor- 
rowed, to  be 
applied  for  the 
redemption  of 
government 
eecuriUes. 


Tax  granted  for 
the  sum  bor- 
rowed, to  be 
paid  into  the 
treasury  31st 
March,  1767. 


If  the  court 
shall  not  appor- 
tion the  tax  in 
May,  1766,  the 


812 


Pr.ovixcE  Laws.— 1765-66.  [Chap.  10.] 


tax  sball  then 
be  apportioned 
as  in  tbe  tax 
act  precediDg. 


Province  treas- 
urer  to  issue 
his  warrants 
accordingly. 


Fund  for  tbe 
interest. 


an  act  apportioning  the  sums  which  b}'  this  act  are  engaged  to  he  paid 
in  said  3'ear,  apportioned,  assessed  and  levied,  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  sum  as  the  said  towns  and 
districts  were  taxed  by  the  general  court  in  the  tax  act  then  last  pre- 
ceding. 

[Sect.  6.]  And  the  province  treasurer  is  hereby  impowered  and 
directed,  some  time  in  the  month  of  June  in  the  same  year,  one  thou- 
sand seven  hundi-ed  and  sixt^'-six,  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 
parts  and  proportions  of  the  sums  before  directed  and  engaged  to  be 
assessed,  to  be  paid  into  the  treasury-  at  or  before  the  afoi'ementioned 
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  then  last  preceeding  tax  act. 

And  as  a  fund  to  enable  the  treasurer  to  discharge  the  interest  as  it 
shall  become  due  on  said  receipts  or  obligations, — 

Be  it  further  enacted ., 

[Sect.  7.]  That  the  treasurer  shall  apply  what  monies  may  be 
necessary  for  that  purpose  out  of  the  surplusage  that  will  be  in  the 
treasur}'  b^'  the  time  that  the  interest  will  become  due.  \_Passed  June 
21 ,'  published  Jxme  25. 


CHAPTER    10. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  SIXTEEN 
THOUSAND  AND  EIGHT  HUNDRED  POUNDS. 


Preamble. 


Treasury  sup- 
plied with 
£16,800. 


How  appropri- 
ated. 


Whereas  no  provision  is  made  to  defre}'  the  charges  of  government 
for  the  present  year  ;  and  luhereas  the  treasurer  has  represented  to  this 
court,  that,  when  the  taxes  for  the  year  one  thousand  seven  hundred 
and  sixtA'-four  are  paid  into  the  treasuiy,  with  the  excise  upon  spirit- 
uous liquors,  there  will  be  a  surplusage  in  the  treasury  of  at  least 
sixteen  thousand  and  eight  hundred  pounds, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  treasurer  be  and  he  hereby  is  directed  to 
appl}-  the  aforesaid  sum  of  sixteen  thousand  eight  hundred  pounds  to 
delrej'  the  charges  of  government  for  the  ensuing  year,  to  be  issued  in 
the  manner  following ;  that  is  to  sa}',  the  sum  of  six  thousand  pounds, 
part  of  the  aforesaid  sum  of  sixteen  thousand  and  eight  hundred 
pounds,  shall  be  applied  for  the  paj'ment  of  grants  made  or  to  be  made 
lay  tills  court ;  and  the  further  sum  of  three  thousand  pounds,  part  of 
the  aforesaid  sum  of  sixteen  thousand  and  eight  hundred  pounds,  shall 
be  applied  for  the  payment  of  his  majesty's  council,  and  the  members 
of  the  house  of  representatives  serving  in  the  great  and  general  court 
during  the  several  sessions  of  the  present  j'ear ;  and  the  further  sum 
of  one  thousand  pounds,  part  of  the  aforesaid  sum  of  sixteen  thousand 
and  eight  hundred  pounds,  shall  be  applied  for  the  purchasing  pro- 
visions and  the  commissary's  disbursements  for  the  service  of  the  sev- 
eral forts  and  garrisons  within  this  province  ;  and  the  further  sum  of 
two  thousand  and  five  hundred  pounds,  part  of  the  aforesaid  sum 
of  sixteen  thousand  and  eight  hundred  pounds,  shall  be  applied  for  the 


[1st  Sess.] 


Peovlnce  Laws. — 17Go-GG. 


813 


discharge  of  debts  owing  from  this  province  to  persons  that  have  served 
and  shall  serve  them,  by  order  of  this  court,  in  such  matters  and  things 
where  there  is  no  establishment  nor  an}-  certain  sum  assigned  them  for 
that  purpose,  and  for  paper,  writing  and  printing  for  this  court,  and 
repairs  of  the  province-house,  court-house,  lighthouse,  wood  at  Castle 
William,  and  repairs  of  fortifications  within  this  province  ;  and  the 
further  sum  of  three  thousand  pounds,  part  of  the  aforesaid  sum  of 
sixteen  thousand  and  eight  hundred  pounds,  shall  be  applied  for  the 
payment  of  the  expences  of  the  several  forts  and  garrisons  within  this 
province  ;  and  the  further  sum  of  twelve  hundred  pounds,  part  of  the 
aforesaid  sum  of  sixteen  thousand  and  eight  hundred  pounds,  shall  be 
applied  for  the  pa3'ment  of  the  bount}'  upon  wheat  and  flour ;  and 
the  further  sum  of  one  hundred  pounds,  being  the  remainder  of  the 
aforesaid  sum  of  sixteen  thousand  and  eight  hundred  pounds,  shall  be 
applied  to  pa}'  such  contingent  and  unforeseen  charges  as  ma}'  arise, 
and  for  no  other  purpose  whatever. 

And  be  it  further  enacted, 

[Sect.  2.  J     That  the  ti'easurer  pay  the  aforesaid  sum  of  sixteen  Treasurer  to 
thousand  and  eight  hundred  pounds,  out  of  such  appropriations  as  shall  ouf  of'tbe""'^^ 
be  directed  by  warrant,  and  no  other ;  and  the  secretary'  to  whom  it  appropriations 
belongs  to  keep  the  muster-rolls  and  account  of  charge,  sliall  lay  before   warrant.  ^ 
the  house  of  representatives,  when  they  direct,  such  muster-rolls  and 
accounts  of  charge,  after  payment  thereof.     \_Passed  June  21  ;  prih- 
lished  June  25. 


CHAPTER    11. 


AN  ACT  FURTHER  TO  EXPLAIN,  AMEND  AND  CARRY  INTO  EXECU- 
TION, AN  ACT  MADE  IN  THE  FIRST  YEAR  OF  THE  REIGN  OF  HIS 
PRESENT  MAJESTY,  INTITLED  "AN  ACT  FOR  RAISING  A  SUM  OF 
MONEY  BY  LOTTERY,  FOR  REPAIRING  FANEUIL  HALL,  IN  BOSTON." 

"Whekeas,  in  and  by  an  act  made  in  the  first  year  of  his  present  maj-  Preamble, 
est}',  intitled  "  An  Act  for  raising  a  sum  of  money  by  lottery  for  re-  26?°"^^'  ^^^^' 
pairing  Faneuil  Hall  in  Boston,"  it  is  enacted  "  that  Samuel  Sewall, 
Samuel  Phillips  Savage  and  Ezekiel  Lewis,  or  any  two  of  them,  be 
allowed  and  impowered  to  set  up  and  carry  on  a  lottery  or  lotteries  ;  " 
and  «o/t[e]?'eas,  in  and  by  an  act  made  in  the  second  year  of  the  reign  of 
his  present  majesty,  intitled  "  An  Act  to  explain,  amend  and  carry  into  i76i-62,  chap, 
execution  an  act  made  in  the  firstyear[o/Jthe  reign  of  his  present  maj-  '*^- 
esty,  intitled  'An  Act  for  repairing  Faneuil  Hall  in  Boston,'  "  it  is 
enacted  "  That  Thomas  Gushing,  Samuel  Hewes,  John  ScoUay  and 
Benjamin  Austin,  Esqrs.,  be  added  to  the  said  Samuel  Sewall,  Samuel 
Phillips  Savage  and  Ezekiel  Lewis  ;  and  that  they,  the  said  Thomas 
Gushing,  Samuel  Hewes,  John  Scollay  and  Benjamin  Austin,  Esqrs., 
together  with  the  said  Samuel  Sewall,  Samuel  PhilUps  Savage  and 
Ezekiel  Lewis,  be  and  they  are  hereby  allowed  and  impow  [erecZ*]  to 
carry  into  execution  the  said  act,  in  the  same  manner,  and  under  the 
same  regulations  and  restrictions,  as  the  said  Samuel  S[_ewaU*^,  Samuel 
Phillips  Savage  and  Ezekiel  Lewis  were,  by  the  said  act,  allowed  and 
impowered  ;  "  and  tvhereas  since  the  making  and  passing  the  said  act, 
made  in  the  second  year  of  the  reign  of  his  present  \_majesty,  the*'\ 
said  Samuel  Hew[e]s  has  been  taken  away  by  death,  and  the  said 
John  Scollay,  Samuel  Phillips  Savage  and  Ezekiel  L[ewis  have  de- 
dined*  J  any  further  to  execute  their  said  trust, — 


814 


Peovince  Laws.— 1765-6G.  [Chap.  12.] 


New  managers 
appointed  of 
Faneuil-hall 
lottery. 


Be  it  enacted  by  the  Gov€rno\^n']r,  Council  and  House  of  Bepresenta- 
tives, 

That,  in  the  room  of  \^the  said*^  Samuel  IIew[e]s,  John  Scolla}-, 
Samuel  Phillips  Savage  and  Ezekiel  Lewis,  Esqrs.,  Joseph  Jackson, 
John  Ruddock  and  John  Hancock,  Esqr[s.,  be  added*^  to  the  said 
Samuel  Sewall,  Thomas  Gushing  and  Benjamin  Austin  ;  and  that  they, 
the  said  Joseph  Jackson,  John  Ruddock  and  John  Hancock,  Esqrs., 
together  with  the  said  Samuel  Sewall,  Thomas  Gushing  and  Benjamin 
Austin,  Esqrs.,  or  any  three  of  them,  be  and  the}'  are  hereby  allowed 
and  impowered  to  carry  into  execution  the  said  acts,  in  the  same  man- 
ner, and  under  the  same  regulations  and  restrictions,  as  in  and  by  the 
said  acts  the  said  Samuel  Sewall,  Samuel  Phillips  Savage,  Ezekiel 
Lewis,  Thomas  Gushing,  Samuel  Hew[e]s,  John  Scolla^'  and  Benjamin 
Austin  were  allowed  and  impowered.  \^Passed  June  21  ;  jyvblished 
June  25. 


CHAPTER    12. 


AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  IN  THE  WOODS  IN 
PLYMOUTH,  SANDWICH,  BARNSTABLE,  FALMOUTH  AND  WAREHAM, 
BY  HUNTING  WITH  HOUNDS  AND  DOGS. 


Preamble.  Whereas  great  damage  has  been  done  by  hunting  in  the  woods  be- 

tween Plymouth,  Sandwich,  Barnstable,  Falmouth  and  Wareham,  by 
hunting  with  hounds  and  dogs  in  said  woods,  in  each  of  the  said  towns, 
and  large  numbers  of  sheep  have  been  destroyed  by  said  practice, — 

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

[Sect.  1.]  That  from  and  after  the  tenth  da}'  of  May,  annually,  to 
the  fifth  da}'  of  December,  no  person  shall  be  allowed  to  hunt  with  dogs 
or  hounds  in  either  of  the  towns  of  Plymouth,  Sandwich,  Barnstable, 
Falmouth  or  Wareham,  on  an}'  pretence  whatever. 

And  he  it  further  enacted, 

[Sect.  2.]  That  if  any  person  or  persons  shall  be  convicted  of  hunt- 
ing with  dogs  or  hounds  in  any  of  said  towns,  between  the  said  tenth 
day  of  May  and  the  fifth  day  of  December,  during  the  continuance 
of  this  act,  he  shall  forfeit  and  pay  the  sum  of  twenty  shillings  for 
each  offence,  one  half  to  the  informer,  and  the  other  half  to  the  poor  of 
the  town  where  the  offence  shall  be  committed  ;  and  said  offenders  may 
be  complained  of  and  prosecuted  before  any  of  his  majesty's  justices  of 
the  peace  within  the  county  of  Plymouth  or  Barnstable,  or  in  any  other 
county  within  this  province. 

Be  it  further  enacted, 

[Sect.  3.]  That  none  of  the  inhabitants  of  the  towns  of  Pl}'mouth, 
Sandwich,  Barnstable,  Falmouth  or  Wareham  shall  be  allowed  to  hunt 
with  hounds  or  dogs  in  any  other  towns  within  this  government,  from 
the  said  tenth  day  of  May  to  the  fifth  day  of  December,  during  the 
continuance  of  this  act,  under  the  penalties  before  mentioned  in  this 
act ;  and  any  persons  belonging  to  said  towns  that  shall  hunt  in  the 
other  towns  contrary  to  the  true  intent  of  this  act,  shall  and  may  be 
prosecuted  in  the  like  manner  as  is  before  provided  ;  that  is,  before  any 
justice  of  the  peace  in  the  county  where  the  offence  is  committed,  or 
in  any  other  county  within  this  province. 
Limitation.  [Sect.  4.]     TMs  act  to  continue  and  be  in  force  for  the  space  of 

three  years  from  the  first  day  of  August  next,  and  no  longer.  [Passed 
June  21 ;  published  June  25. 

*  Parchment  mutilated. 


No  person  to 
hunt  with  dogs 
betweeu  the  10th 
May  and  5th 
Dec,  annually. 


Penalty : 


— how  to  be  ap. 
plied,  and  how 
to  be  Bued  for. 


Inhabitants  of 
the  towns  men- 
tioned, not  to 
hunt  in  other 
towns. 


[1st  Sess.] 


Pkovince  Laws. — 1765-66. 


815 


CHAPTER    13. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  HUNTS- 
TOWN,  IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  TOWN  BY  THE 
NAME  OF  ASHFIELD. 


Whereas  it  [has]  [7ia^/i]  been  represented  to  this  court  that  the 
erecting  the  plantation  calle[d  Himtstown*^,  into  a  town,  will  greatly 
contribute  to  the  growth  thereof,  and  remedy  man}-  inconvenien[c(?.s  to 
which*^  the  inhabitants  and  proprietors  ma}'  be  otherwise  subjected, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  pla [nia^ion*]  aforesaid,  bounded  as  follows; 
vizi^'^,  east,  by  Deerfield  ;  south,  partty  by  Narraganset  Township  Num- 
ber [_Four,  and*'\  partly  by  province  land  ;  west,  partly  by  province 
land,  [a7id]  partly  b}'  Bernard's  and  Mayhew's  and  IIat[^'e/d  /a«d*]  ; 
and  north,  by  province  land  ;  more  particularly'  described  in  a  plan  of 
said  township,  confirmed  \in  the*']  present  session  of  the  general  court, 
— be  and  hereb}^  is  erected  into  a  town  bj'  the  name  of  Aii\\\_jield*']  ; 
and  that  the  inhabitants  thereof  shall  be  invested  with  all  the  powers, 
privile[d]ges  and  immunitie[s  which*]  the  inhabitants  of  the  towns 
•within  this  province  do  enjoy. 

And  be  it  further  enacted, 

[Sect.  2.]  That  Thomas  Williams,  Esq'^'^.,  be  and  hereby  is 
[e][i]mpowered  to  i[ssMe*J  his  warrant,  directed  to  some  principal  in- 
habitant in  said  town,  to  notify  and  warn  the  inhabitan[^s*]  in  said 
town,  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  oflScers  as  are  or 
shall  be  required  by  law  to  manage  the  affairs  of  said  to[?<;n*]. 

And  be  it  further  enacted, 

[Sect.  3.]  That  all  taxes  alread}'  raised  for  settling  a  minister,  or 
that  may  be  raised  for  his  support,  for  building  a  meeting-house,  clear- 
ing and  repairing  roads,  be  levied  on  the  several  proprietors  of  said 
plantation,  according  to  their  interests,  until  the  further  order  of  this 
court ;  and  that  said  inhabitants  and  proprietors  of  said  town  proceed 
by  the  same  rules,  in  levying  and  collecting  said  taxes,  as  proprietors 
in  new  plantations  are  obliged,  by  law,  to  observe.     \^Passed  June  21. 


Preamble. 


Ashfield  made  a 
town,  by  ccrtaia 
bounds. 


The  first  meet- 
ing, how  to  be 
notified. 


Taxes  to  be 
levied  on  pro- 
prietors, for 
certain  services, 
until  further 
orders. 


CHAPTER    14. 

AN  ACT  FOR  ERECTING  THE  PLANTATION  CALLED  NEW  FRAMING- 
HAM,  IN  THE  COUNTY  OF  BERKSHIRE,  INTO  A  TOWN  BY  THE  NAME 
OF  LANESBOROUGH. 


Whereas  it  has  been  represented  to  this  court  that  the  erecting  the  Preamble, 
plantation  called  New  Framingham,  into  a  town,  will  greatl}'  contribute 
to  the  growth  thereof,  and  remedy  many  inconveniences  to  which  the 
inhabitants  and  proprietors  may  be  otherwise  subject, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]     That  the  plantation  of  New  Framingham,  in  the  county  Lanesborough 
of  Berkshire,  bounded  as  follows;  viz.,  south,  on  Pittsfield  ;  east,  on  fown^by"ceruiin 
Number  Four,  or  Williamsbui-gh  ;  north,  partly  on  unappropriated  lands  bounds. 
of  this  province,  and  partly  upon  grants  ;  and,  west,  on  unappropriated 

*  Parcliment  mutilated. 


816 


Peovince  Laws. — 1765-66.  [Chap.  15.] 


Taxes  to  be 
levied  on  pro- 
prietors, for 
certain  services, 
until  further 
orders. 


The  first  meet- 
ing, how  to  be 
notified. 


lands  of  this  province, — be  and  lioreby  is  erected  into  a  town  by  the 
name  of  Lanesborough,  and  that  the  inhabitants  thereof  be  and  liereby 
are  invested  with  all  the  powers,  privileges  and  immunities  which  the 
inhabitants  of  the  towns  within  this  province  do  enjoy. 

And  be  it  further  enacted, 

[Sect.  2.]  That  all  taxes  to  be  raised  within  said  town  for  settling 
a  minister,  building  a  meeting-house,  clearing  and  repairing  roads,  be 
levied  upon  the  several  proprietors  of  said  plantation,  according  to  their 
interest,  until  the  further  order  of  this  court ;  and  that  said  inhabitants 
pi'oceed  by  the  same  rules,  in  lev3nng  and  collecting  said  taxes,  as  pro- 
prietors in  new  plantations  are,  by  law,  obliged  to  observe. 

And  be  it  further  enacted, 

[Sect.  3.]  That  William  Williams,  Esq.,  be  and  hereby  is  im- 
powered  to  issue  a  warrant,  directed  to  some  principal  inhabitant  in 
said  town,  requiring  him  to  warn  the  inhabitants  of  the  said  town, 
qualified  b}'  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  are  or  shall  be 
required  by  law  to  manage  the  aflfairs  of  said  town.     \_Passed  June  21. 


CHAPTEE    15. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  CHARLE- 
MONT,  IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  TOWN  BY  THE 
NAME  OF  CHARLEMONT. 


Preamble. 


Charlemont 
erected  into  a 
town,  by  certain 
bounds. 


The  first  meet. 
Ing,  how  to  be 
notified. 


Taxes  to  be 
levied  on  pro- 
prietors, for 
certain  services, 
until  further 
orders. 


Whereas  it  has  been  represented  to  this  court  that  the  erecting  the 
plantation  called  Charlemont,  into  a  town,  will  greatly  contribute  to 
the  growth  thereof,  and  remedy  many  inconveniences  to  which  the  in- 
habitants and  proprietors  may  be  otherwise  subjected, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  plantation  called  Charlemont,  bounded  as  fol- 
lows ;  vizf'^.,  north,  partly  on  land  belonging  to  Green  and  Walker  and 
Boylston,  and  partly  on  land  sold  to  Cornelius  Jones  ;  east,  partly  on 
Colrain,  and  partly  on  province  land ;  south  and  west,  on  province 
land  :  more  particularl}-  described  in  the  plan  of  the  said  township  con- 
firmed by  the  general  court, — be  and  hereby-  is  erected  into  a  town  by 
the  name  of  Charlemont ;  and  that  the  inhabitants  thereof  shall  be 
invested  with  all  the  powers,  privile[d]ges  and  immunities  which  the 
inhabitants  of  the  towns  within  this  province  do  enjoy. 

Aiid  be  it  further  enacted, 

[Sect.  2.]  That  Thomas  Williams,  Esq^'^.,  be  and  hereby  is  im- 
powered  to  issue  a  warrant,  directed  to  some  principal  inhabitant  in 
said  town,  to  notify  and  warn  the  inhabitants  in  said  town,  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  are  or  shall  be  required 
b}'  law  to  manage  the  affairs  of  said  town. 

And  be  it  further  enacted, 

[Sect.  3.]  That  all  taxes  that  are  or  may  be  raised  for  settling  a 
minister,  for  building  a  meeting-house,  clearing  and  repairing  roads,  be 
levied  [t</>]on  the  several  proprietors  of  said  plantation,  according  to 
their  interest[s],  until  the  further  order  of  this  court;  and  that  said 
inhabitants  and  proprietors  of  said  town  proceed  by  the  same  rules,  in 
levying  and  collecting  said  taxes,  as  proprietors  in  new  plantations  are 
obliged,  by  law,  to  observe.     [^Passed  June  21. 


[1st  Sess.J 


Pkovince  Laws. — 17G5-GG. 


817 


CHAPTER    16. 


AN  ACT  FOR  INCORPORATING  INTO  A  TOWN  THE  LANDS,  IN  THE 
COUNTY  OF  BERKSHIRE,  CALLED  YOK.UN  AND  MOUNT  EPHRAIM, 
BY    THE    NAME    OF    RICHMONT. 


Whereas  it  hath  been  represented  to  this  court  that  the  erecting  tlie 
plantation  called  Yokun  Town  and  Mount  Ephraim  into  a  township, 
will  greatl}'  contribute  to  the  growth  thereof,  and  remedy  many  incon- 
venienc[i]es  to  which  the  inhabitants  and  proprietors  maj-  otherwise  be 
subjected, — 

Be  it  therefore  enacted  hy  the  Governor,  Council  and  House  of 
Representatives, 

[Sect.  1.]  That  the  new  plantation  called  Yokun  Town  and  Mount 
Ephraim,  l^'ing  in  the  county  of  Berkshire,  bounded  as  follows  :  west- 
erly-, on  the  province  line;  northerly,  in  part  on  Fittsfield,  and  in  part 
on  province  land,  so  called  ;  easterh',  on  Housatunnock  River ;  and 
southerly,  in  part  on  Stockbridge  north  line,  and  part  on  the  minister's 
grant, — be  and  hereb}^  is  incorporated  into  a  town  by  the  name  of 
Richmout,  with  all  the  powers,  privile[d]ges  and  immunities  that  towns 
in  this  government  have  and  do  enjo}'. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  all  taxes  to  be  raised  within  said  town  for  settling 
a  minister,  building  a  meeting-house  or  meeting-houses,  laying  out, 
making  and  repairing  roads,  be  levied  upon  the  several  proprietors  of 
said  plantation,  according  to  their  interest,  agreeable  to  an  act  of  the 
province  made  to  enable  the  proprietors  of  said  plantation  to  raise 
taxes  on  said  lands,  until  the  further  order  of  this  court. 

And  he  it  farther  enacted, 

[Sect.  3.]  That  Timothy  Woodbridge,  Esq"^'^.,  be  and  hereb}-  is 
impowered  to  issue  a  warrant  to  some  principal  inhabitant  of  said  plan- 
tation, requiring  him  to  call  a  meeting  of  said  inhabitants,  in  order  to 
chuse  such  officers  as,  b}'  law,  towns  are  impowered  to  chuse  in  the 
month  of  March,  annuall}'.     \_Passed  June  21. 


Preamble. 


Richmont  in- 
corporated a 
town, by  certain 
bounds. 


Taxes  to  be 
levied  on  pro- 
prietors, lor 
certain  services, 
until  further 
orders. 

1763-64,  chap. 
24. 


The  first  meet- 
ing, how  to  be 
notified. 


CHAPTER    17. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  NUMBER 
FOUR,  IN  THE  COUNTY  OF  BERKSHIRE,  INTO  A  TOWN  BY  THE 
NAME  OF  BECKET. 


Whereas  it  has  been  represented  to  this  court  that  the  erecting  the  Preamble, 
plantation  called  Number  Four,  into  a  town,  will  greatl}'  contribute  to 
the  growth  thereof,  and  remedy  man}^  inconveniences  to  which  the 
inhabitants  and  proprietors  ma}^  be  otherwise  subject, — 

Be  it  enacted  hy  the  Governor,  Council  and  House  of  Representatives, 
[Sect.  1.]  That  the  plantation  called  Number  Four,  bounded  as  Bccket  erected 
follows  ;  vizW.,  south,  partly-  on  equivalent  lands,  and  partly  on  the  land  j.gruin'boundf. 
belonging  to  Andrew  Belcher,  Esq"^'^.,  and  partly  on  unappropriated 
lands  ;  east,  on  a  township  called  Number  Nine  ;  north,  on  a  township 
called  Hartwood ;  and  west,  parti}-  on  Tyringham,  and  parti}'  on  unap- 
propriated lands  belonging  to  this  province, — be  and  hereby  is  erected 
into  a  town  b}-  the  name  of  Becket ;  and  that  the  inhabitants  thereof 
be  and  hereby  are  invested  with  all  the  powers,  privile[d]ges  and  immu- 
nities which  the  inhabitants  of  the  towns  within  this  province  do  enjoy. 


818 


Peovi>;ce  Laws. — 1765-66. 


[Chap.  18.] 


The  first  meet- 
iog,  how  to  be 
notified. 


Taxes  to  be 
levied  on  pro- 
prietors, for 
certain  services, 
until  further 
orders. 


And  be  it  farther  enacted^ 

[Sect.  2.]  That  William  Williams,  Esq'^'^^.,  be  and  hereb}-  is  im- 
powered  to  issue  a  warrant,  directed  to  some  principal  inhabitant  in  said 
town,  to  uotif}'  and  warn  the  inhalMtants  in  said  town,  qualified  b}-  law 
to  vote  in  town  affairs,  to  meet  at  such  time  and  place  as  shall  be 
therein  set  forth,  to  chuse  all  such  officei's  as  are  or  shall  be  required 
by  law  to  manage  the  atfairs  of  said  town. 

And  he  it  further  enacted, 

[Sect.  3.]  That  all  the  taxes  that  have  been  heretofore  agreed 
upon  by  the  proprietors  of  said  township,  and  all  taxes  to  be  raised 
within  said  town  for  settling  a  minister,  building  a  meeting-house, 
clearing  and  repa[i]ring  roads,  be  levied  upon  the  several  propiietors 
of  said  plantation,  according  to  their  interest,  until  the  further  order 
of  this  court ;  and  that  said  inhabitants  proceed  b}'  the  same  rules,  in 
levying  and  collecting  said  taxes,  as  proprietors  in  new  plantations  are 
by  law  obliged  to  observe,  anything  in  the  before-recited  act  to  the 
contrary  notwithstanding.     [^Passed  June  21. 


CHAPTER    18. 

AN  ACT  FOR  APPORTIONING  AND  ASSESSING  A  TAX  OF  FIFTY  THOU- 
SAND POUNDS;  AND  ALSO  FOR  APPORTIONING  AND  ASSESSING  A 
TAX  OF  TWO  THOUSAND  FOUR  HUNDRED  AND  TWELVE  POUNDS 
NINETEEN  SHILLINGS  AND  SIXPl^NCE,  PAID  THE  REPRESENTA- 
TIVES FOR  THEIR  TRAVEL,  SERVICE  AND  ATTENDANCE  IN  THE 
GENERAL  COURT,  IN  THE  YEAR  ONE  THOUSAND  SEVEN  HUNDRED 
AND  SIXTY-FOUR;  ALSO  FOR  APPORTIONING  AND  ASSESSING  A  TAX 
OF  ONE  HUNDRED  AND  FflFTY-EIGIIT  POUNDS  THREE  SHILLINGS, 
FOR  FINES  LAID  UPON  TOWNS  THAT  HAVE  NOT  SENT  ANY  PER- 
SONS TO  REPRESENT  THEM  IN  THE  GENERAL  COURT  THE  PRESENT 
YEAR;  AND  ALSO  FOR  ASSESSING  THE  TOWN  OF  HANOVER  THE 
SUM  OF  SIXTEEN  POUNDS,  PAID  OUT  OF  THE  PROVINCE  TREASURY 
TO  SYLVANUS  WING;  AND  ALSO  FOR  ASSESSING  THE  SUM  OF  TEN 
POUNDS  THREE  SHILLINGS  AND  FIVEPENCE  ON  THE  TOWN  OF 
SPRINGFIELD;  AND  THE  SUM  OF  TWO  POUNDS  ONE  SHILLING  AND 
EIGHTPENCE  ON  WILBRAHAM;  AND  THE  SUM  OF  TWELVE  POUNDS 
FIVE  SHILLINGS  AND  ONE  PENNY  ON  NORTHAMPTON;  AND  THE 
SUM  OF  TWELVE  POUNDS  AND  ELEVENPENCE  ON  V/ESTFIELD; 
AND  THE  SUM  OF  TWELVE  POUNDS  FIVE  SHILLINGS  AND  ONE 
PENNY  ON  HATFIELD;  AND  THE  SUM  OF  EIGHT  POUNDS  THREE 
SHILLINGS  AND  TWOPENCE  ON  BRIMFIELD;  AND  THE  SUM  OF 
THREE  POUNDS  SEVENTEEN  SHILLINGS  AND  NINEPENCE  ON  SOUTH 
BRIMFIELD;  AND  THE  SUM  OF  TWELVE  POUNDS  AND  ELEVEN- 
PENCE ON  DEERFIELD;  AND  THE  SUM  OF  SIX  POUNDS  AND  SEVEN- 
PENCE  ON  GREENFIELD;  AND  THE  SUM  OF  TWO  POUNDS  NINETEEN 
SHILLINGS  AND  SIXPENCE  ON  MONSON,— MAKING  THE  SUM  OF 
EIGHTY-ONE  POUNDS  EIGHTEEN  SHILLINGS  AND  ONE  PENNY', 
BEING  THE  TAX  REMITTED  TO  BERNARDSTON  FOR  TWO  Y^EARS 
LAST  PAST,  AND  THE  TAX  REMITTED  TO  HUNTSTOWN  FOR  THREE 
YEARS  LAST  PAST,  AND  ORDERED  TO  BE  ADDED  TO  THE  PRESENT 
YEAR'S  TAX  OF  THE  SEVERAL  TOWNS  AFORESAID,  AND  IN  THE 
MANNER  AFORESAID;  WHICH  TAXES  ARE  TO  BE  OVER  AND  ABOVE 
THEIR  PROPORTION  OF  WHAT  WAS  LAID  ON  THE  SAID  TOWNS: 
WHICH  SUMS  AMOUNT  TO  FIFTY"-TWO  THOUSAND  SIX  HUNDRED 
AND  SIXTY'-NINE  POUNDS  AND  SEVENPENCE. 


1762-63,  chap. 
16,  §  4. 


Whereas  the  great  and  general  court  or  assembly  of  this  province, 
bj'  an  act  made  and  passed  at  their  session  in  January,  one  thousand 
seven  hundred  and  sixty-three,  agreed  upon  and  ordered  a  tax  of  fifty- 


[1st  Sess.]  PROvmcE  Laws. — 1765-66.  819 

four  thousand  pounds  ;  and  one  other  act  made  and  passed  at  the  same  1762-63,  cliap. 
sessions,  agreed  upon  and  ordered  a  further  tax  of  fort^'-five  thousand  ^'^•^'^• 
six  hundred  and  seven  pounds  ;  and  b}-  another  act,  made  and  passed  1764-65,  chap. 
at  their  session  in  May,  one  thousand  seven  hundred  and  sixt3-four,  ^^' ^ ®' 
agreed  upon  and  ordered  a  further  tax  of  one  hundred  and  fifty  thou- 
sand pounds  :  amounting  in  the  whole  to  two  hundred  and  forty-nine 
thousand  six  hundred  and  seven  pounds  ;  and  lohereas  by  tlie  acts 
aforesaid  provision  is  respectively  made  that  the  general  couit,  at  their 
present  session,  might  apportion  the  same  on  the  several  towns,  dis- 
tricts, parishes  and  places  within  this  province,  if  they  should  think 
fit ;  yet  inasmuch  as  such  a  heavy  tax  will  be  extremely  burthensome 
to  the  inhabitants  of  this  province,  under  their  present  distressed  cir- 
cumstances, and  as  some  of  the  possessors  of  government  securities, 
for  the  redemption  of  which  the  aforesaid  sum  of  two  hundred  and 
forty-nine  thousand  six  hundred  and  spven  pounds  is  applied,  are 
willing  to  continue  their  mone}^  upon  loan,  payable  at  a  further  period  ; 
which,  with  the  tax  of  fift}'  thousand  pounds  now  agreed  to  be  assessed 
and  levied  this  3'ear,  will  be  sufficient  to  redeem  the  government  securi- 
ties, with  the  interest  thereon,  that  will  become  due  in  June  next; 
wherefore,  for  the  ordering,  directing  and  effectually'  drawing  in  the 
said  sum  of  fifty-two  thousand  six  hundred  and  sixt3-seven  pounds 
four  shillings  and  sevenpence,  we,  his  majesty's  most  loyal  and  dutiful 
subjects,  the  representatives  in  general  court  assembled,  praj'  that  it 
ma}^  be  enacted, — 

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

[Sect.  1.]  That  each  town,  district,  parish  or  other  place  wtthin 
this  province  be  assessed  and  pay,  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  fifty-two  thousand  six  hundred  and 
sixtj'-seven  pounds  four  shillings  and  sevenpence,  the  several  sums 
following ;  that  is  to  say, — 


820 


Pkovince  Laays. — 1765-66. 


[Chap.  18.] 


M 
>^ 
o 

OS 

O 

>H 

H 

O 
o 

W 


00  iMi-lt- 


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Province  Laws. — 1765-66. 


[Chap.  18.] 


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Province  Laws. — 1765-66. 


823 


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Province  Laws.— 1765-66.  [Chap.  18.] 


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826 


Pkovestce  Laws.— 1765-66. 


[Chap.  18.] 


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828 


Peovince  Laws. — 1765-66. 


[Chap.  18.] 


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830  Province  Laws.— 1765-66.  [Chap.  18.] 

And  he  it  further  enacted, 
assessment.  [Sect.  2.]     That  the  treasurer  do  forthwith  send  out  his  warrants, 

directed  to  the  selectmen  or  assessors  of  each  town,  district,  parish  or 
other  place  within  this  province,  that  are  taxed,  requiring  them,  respec- 
tivel}',  to  assess  the  sum  hereby  set  upon  such  town,  district,  parish  or 
other  place,  in  manner  following ;  that  is  to  say,  to  assess  all  rateable 
polls  above  the  age  of  sixteen  3'ears,  within  their  respective  towns,  dis- 
tricts, parishes  or  other  places,  or  next  adjoining  to  them,  belonging  to 
no  other  town  or  place,  at  six  shillings  and  cighti)ence  per  poll,  and 
proportionably  in  assessing  the  additional  sinn  paid  out  of  the  treasury', 
to  the  representatives  for  their  travel  and  attendance  aforesaid  (ex- 
cepting the  governor,  lieutenant-governor  and  their  families,  the  presi- 
dent, fellows,  professors,  Hebrew  instructor  and  students  of  Harvard 
College,  settled  ministers,  and  grammar-school  masters,  who  are  hereby 
exempted  as  well  from  being  taxed  for  their  polls,  as  their  estates  be- 
ing in  their  own  hands  and  under  their  actual  management  and  im- 
provement ;  as  also  the  estate  pertaining  to  Harvard  College)  ;  and 
other  persons,  if  such  there  be,  who,  through  age,  infirmity  or  extreme 
poverty,  in  the  judgment  of  the  assessors,  are  not  able  to  pa^y  towards 
public  charges,  they  may  exempt  their  polls  or  estate,  or  abate  part  of 
what  the}"  are  set  at,  as  in  their  prudence  they  shall  think  fit  and  judge 
meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  respec- 
tive counties  assembled,  in  granting  a  county  tax  or  assessment,  are 
hereby  ordered  and  directed  to  apportion  the  same  on  the  several  towns, 
districts,  parishes  and  other  places  in  such  county  in  proportion  to  the 
province  rate  ;  and  the  assessors  of  each  town  in  the  province  are  also 
directed,  in  making  an  assessment,  to  govern  themselves  b}"  the  same 
rule ;  and  the  incomes  of  all  estates,  both  real  and  personal,  lying 
within  the  limits  of  such  town,  district,  parish  or  other  place,  or  next 
unto  the  same,  not  pa3'ing  elsewhere,  in  whose  hands,  tenure,  occupation 
or  possession  the  same  is  or  shall  be  found,  and  also  the  incomes  or 
profits  which  an}-  person  or  persons,  except  as  before  excepted,  do  or 
shall  receive  from  an_y  trade,  faculty,  business  or  employment  whatso- 
ever, and  all  profits  which  shall  or  ma}'  arise  b}^  monc}',  or  commissions 
of  profit,  in  their  improvement,  at  twelvepence  per  pound  ;  and  to  abate 
or  multiply  the  same,  if  need  be,  so  as  to  make  up  the  sum  set  and  or- 
dered hereby  for  each  town,  district,  parish  or  other  place  to  pay  ;  and 
in  making  the  said  assessment,  to  estimate  houses  and  lands  at  six 
3'ears'  3'early  rent,  w'hereat  the  same  raa3'  be  reasonabl3'  set  or  let  for  in 
the  place  wdiere  the3'  l3-e  :  saving  all  agreements  between  landlord  and 
tenant,  and  where  no  agreement  is,  the  landlord  to  reimburse  one-half 
of  the  tax  set  upon  such  houses  and  lands,  new  cleared  lands  for  til- 
lage not  to  be  rated  until  the  first  crop  be  taken  off;  and  to  estimate 
negro,  Indian  and  molatto  servants  proportionably  as  other  personal 
estate,  according  to  their  sound  judgment  and  discretion  ;  as  also  to 
estimate  ever3^  ox  of  four  3'ears  old  and  upwards,  at  fort3^  shillings  ; 
ever}'  cow  or  heifer  of  three  years  old  and  upwards,  at  tiiirty  shillings  ; 
and  ever3'  horse  and  mare  of  three  3'ears  old  and  upwards,  at  forty  shil- 
lings ;  and  ever3'  swine  of  one  year  old  and  upwards,  at  eight  shillings  ; 
goats  and  sheep  of  one  year  old  and  upwards,  at  three  shillings  each ; 
the  several  creatures  above  mentioned  to  be  taxed  to  their  respective 
owners  or  occupants,  by  the  assessors  of  the  towns  in  which  the  owners 
or  occupants  dwell :  likewise  requiring  the  said  assessors  to  make  a  fair 
list  of  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  guardians,  or  for  any  estate, 


[1st  Sess.J  PiioviNCE  Laws. — 1765-66.  831 

ill  his  or  Lier  improvement,  in  trust,  to  be  distinctly  expressed  ;  and  the 
list  or  lists,  so  perfected  and  signed  b}-  them,  or  tlie  major  part  of  them, 
to  commit  to  the  collector  or  constable  or  constables  of  any  such  town, 
district,  parish  or  place,  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  November  next. 

[Sect.  4,]  And  the  treasurer,  for  the  time  being,  upon  receipt  of 
such  certificate,  is  hereb}'  impowered  and  ordered  to  issue  forth  his 
warrants  to  the  collector,  or  constable  or  constables,  of  such  town,  dis- 
trict, parish  or  place,  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  their  accompts  of  the  whole,  at 
or  before  the  thirtieth  day  of  March,  which  will  be  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  sixty-six. 

Ayid  be  it  further  enacted, 

[Sect.  5.]  That  the  assessors  of  each  town,  district,  parish  or  other  inhabitants  to 
place,  respectivel}^,  in  convenient  time  before  their  making  of  the  iist"o^f"heir  "* 
assessment,  shall  give  seasonable  warning  to  the  inhabitants,  in  a  town-  polls,  estate, 
meeting,  or  bj-  posting  up  notifications  in  some  place  or  places  in  such 
town,  district,  parish  or  place,  or  notify  the  inhabitants  some  other  way, 
to  give  or  bring  in  to  the  assessors  true  and  perfect  lists  of  their  polls 
and  rateable  estate  they  shall  be  possessed  of,  on  the  first  Monday  in 
September  next,  and  income  by  trade  or  faculty,  and  gain  by  money  at 
interest,  which  they  are  to  render  to  the  assessors,  on  oath,  if  required  ; 
and  if  the}^  refuse  to  give  in  an  account  of  the  money  at  interest,  on 
oath,  the  assessors  are  impowered  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,  ac- 
cording to  their  known  abilit}'  in  such  town,  in  their  sound  judgment  and 
discretion,  their  due  proportion  of  this  tax,  as  near  as  they  can,  agree- 
able to  the  rules  herein  given,  under  the  penalt}'  of  twenty  shillings  for 
each  person  that  shall  be  convicted  by  legal  j^roof,  in  the  judgment  of 
said  assessors,  in  bringing  in  a  false  list ;  the  said  fines  to  be  for  the  use 
of  the  poor  of  such  town,  district,  parish  or  place  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  the  town 
assessments,  to  be  paid  in  to  the  town,  district  or  parish  treasuiy,  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 
the  case  of  being  overrated.  And  if  any  person  or  persons  shall  not 
bring  in  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  any  abatement  of  the  assessment  laid  on  him  or 
them. 

[Sect.  6.]  And  if  the  person  be  not  convicted  of  any  falseness  in 
the  list,  b}'  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  propor- 
tion to  the  tax,  which  the  assessors  may  not  exceed. 

And  forasmuch  as,  oftentimes,  sundiy  persons,  not  belonging  to  this 
province,  bring  considerable  trade  and  merchandize  into  the  same,  and 
b}'  reason  that  the  tax  or  rate  of  the  town  where  the}'  come  to  is  fin- 
ished and  delivered  to  the  constable  or  collectors,  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  resid- 


832 


Pl^ovI^CE  Laws. — 1765-66. 


[Chap.  19.] 


Transient 
traders  to  be 
rated. 


Merchants  to  be 
rated  for  carry, 
ing  on  trade  in 
any  town  beside 
•where  they 
dwell. 


Selectmen  to 
transmit  a  list 
of  such  persons 
before  they  are 
rated. 


Inhabitants  of 
Boston  who  re- 
move out  of 
town  and  return 
in  a  year,  to 
pay  their  tax  in 
said  town. 


ing  here,  they  reaped  considerable  gain  by  trade,  and  had  the  protec- 
tion of  the  government, — 

Be  it  therefore  enacted, 

[Sect.  7.]  That  when  any  person  or  persons  shall  come  and  reside 
in  any  town  within  this  province,  and  bring  an}-  merchandize,  or  trade 
to  deal  therewith,  the  assessors  of  such  town  are  hereby-  impowered  to 
rate  and  assess  all  such  persons,  according  to  their  circumstances,  pur- 
suant to  the  rules  and  directions  of  this  act  provided,  though  the 
former  rate  ma^^  have  been  finished,  and  a  new  one  not  perfected,  as 
aforesaid. 

And  he  it  farther  enacted, 

[Sect.  8.]  That  when  any  merchant,  trader  or  factor,  shall  set  up 
a  store,  and  trafBck,  or  carry  on  any  trade  or  basiness,  in  an}'  town 
within  this  province,  not  being  an  inhabitant  of  such  town,  the  assessors 
of  such  town  where  such  trade  and  business  shall  be  carried  on  as  afore- 
said, be  and  hereby  are  impowered  to  rate  and  assess  all  such  merchants, 
traders  and  factors,  their  goods  and  merchandizes,  for  carrying  on  such 
trade  and  business  and  exercising  their  faculty'  in  such  town,  pursuant 
to  the  rules  and  directions  in  this  act :  jirovided,  before  any  such 
assessors  shall  rate  such  persons,  as  aforementioned,  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  enjoined  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  cany  on  their  trade,  and  pay  the  same. 

Aiid  whereas  it  has  been  the  practice  of  some  of  tlie  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  reall}'  belong,  to  the  great  injury 
of  the  said  town, — 

Be  it  therefore  enacted, 

[Sect.  10.]  That  when  any  inhabitant  of  the  town  of  Boston  shall 
remove  to  an}'  other  town  in  this  province,  and  shall,  in  one  3'ear  after, 
remove  back  to  said  Boston,  and  shall  have  been  taxed  in  the  said 
town,  he  shall  be  subject  to  paj'  said  taxes  in  like  manner  as  he  would 
have  been  had  he  not  have  removed  from  said  Boston  (^saving  so  much 
as  he  shall  be  taxed  in  the  town  removed  to) ,  anj'thing  in  this  act  to  the 
contrary  notwithstanding.     [^Passed  June  21. 


CHAPTEE    19. 

AN  ACT  FOR,  THE  PRESERVATION  AND  INCREASE  OF  MOOSE  AND 
DEER  ON  TARPOLIN-COVE  ISLAND  AND  NENNEMESSET  ISLAND, 
LYING  AND  BEING  IN  THE  COUNTY  OF  DUKES  COUNTY. 


Preamble.  Whereas  James  Bowdoin  and  William   Bowdoin,  Esqrs.,  b}^  their 

petition  to  this  court,  have  represented  that  the}'  have  been  long  en- 
deavouring to  raise  a  stock  of  deer  on  Tarpolin-Cove  Island,  otherwise 
called  Naushara,  or  Catamock,  and  on  the  island  Nennemesset,  and 
several  small  islands  contiguous  (said  islands  being  in  the  town  of 
Chilmark,  in  the  county  of  Dukes  County) ,  but  have  been  in  a  great 
measure  prevented  by  hunters  and  others  coming  on  said  islands  to 
hunt  and  kill  deer  ;  to  the  great  damage  of  the  said  petitioners,  not  only 
in  the  loss  of  deer,  but  of  other  live  stock,  which  has  been  clandestinely 


[1st  Sess.] 


Peovlnce  Laws. — 17G5-6G. 


833 


taken  awa3'  b}'  said  hunters,  or  destro^-cd  b}'  their  dogs  ;  and  whereas 
the  raising  and  increase  of  moose  and  ileer  on  said  islands  ma}-  bo  of 
great  advantage  not  onl}'  to  the  said  petitioners  and  their  successors, 
but  also  to  the  publick, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  each  and  every  person,  except  the  said  petitioners, 
or  such  as  shall  be  proprietors  of  said  islands,  or  such  as  shall  have 
special  licence  from  them,  who  shall,  after  the  twentieth  day  of  July  in 
this  present  year,  one  thousand  seven  hundred  and  sixty-five,  hunt, 
wound,  kill  or  take  awa}'  any  moose  or  deer  upon  either  of  the  islands 
aforesaid,  or  be  concerned  or  assisting  therein,  and  be  thereof  convicted, 
either  b}'  his  own  confession  or  by  the  oath  of  one  witness,  shall,  for 
each  and  ever}'  time  he  shall  so  hunt,  or  for  each  and  ever}-  moose  or 
deer  he  shall  so  wound,  kill  or  take  away,  pay  a  fine  of  six  pounds  and 
costs  of  prosecution  ;  one  moiet}'  of  said  fine  to  be  to  his  majesty  for 
the  use  of  this  province,  and  the  other  moiety  thereof  to  him  or  them 
that  shall  inform  against  and  prosecute  the  oflender  to  effect ;  such 
prosecution  to  be  commenced  within  two  years  after  the  offence  done. 

And  be  it  further  enacted, 

[Sect.  2.]  That  every  person  killing  or  taking  away,  or  assisting 
in  kiiliug  or  taking  awa}^,  any  moose  or  deer  on  either  of  the  Islands 
aforesaid,  shall  be  and  hereby  is  deemed  a  trespasser;  and  is  hereby 
subjected  to  the  action  of  such  as  are  or  shall  be  the  proprietor  or  pro- 
prietors of  all  or  an}'  of  said  islands,  or  to  the  action  of  any  or  either 
such  proprietors,  for  the  recovery  of  six  pounds  for  each  and  every 
moose  or  deer  so  killed  or  taken  away,  if  such  proprietor  or  proprietors 
shall  choose  rather  to  bring  an  action  of  trespass  against  such  offender, 
than  a  prosecution :  provided,  that  such  trespasser  shall  not,  for  one 
and  the  same  offence,  be  subjected  both  to  an  action  and  a  prosecution  ; 
and  if  both  shall  be  brought  against  the  same  offender,  for  the  same 
offence,  the  proprietors  shall  be  obliged  to  make  their  option  which 
they  will  continue,  and  shall  discontinue  the  other. 

And  be  it  further  enacted, 

[Sect.  3.]  That  if  the  flesh,  skin  or  skins  of  any  moose  or  deer 
newly  killed,  be,  at  any  time  after  the  twentieth  day  of  July  aforesaid, 
found  with,  or  in  the  possession  of,  any  person  or  persons  whatsoever, 
except  as  before  excepted,  on  either  of  the  islands  aforesaid,  it  shall 
be  deemed  sufficient  proof  of  such  person  or  persons'  having  killed 
moose  or  deer  contrary  to  this  act,  unless  such  person  or  persons  shall 
prove,  by  evidence,  that  such  moose  or  deer  were  not  killed  on  either 
of  the  said  islands,  or  killed  thereon  by  persons  authorized  to  kill  the 
same. 

And  be  it  farther  enacted, 

[Sect.  4.]  That  it  shall  be  and  hereby  is  declared  to  be  lawful  for 
any  person  or  persons  to  kill  any  dog  or  hound  that  ma}-  at  any  time 
be  brought  or  found  on  any  of  the  islands  aforesaid,  not  belonging  to 
the  said  islands  or  some  of  the  inhabitants  of  the  siuue. 

[Sect.  5.]  This  act  to  continue  and  be  in  force  for  five  years  from 
the  twentieth  day  of  July,  one  thousand  seven  hundred  and  sixty-five, 
and  no  longer.     \^Passed  and  published  June  25. 


No  person 
but  such  as  are 
proprietors  or 
have  license,  to 
hunt,  wound,  or 
kill  moose  or 
(leer  on  the 
Islands  men- 
tioned. 


Penalty. 


Offenders 
deemed  tres- 
passers, and 
may  be  sued 
accordingly : 


— but  subject  to 
only  one  action 
or  prosecution. 


The  flesh  and 
skins  deemed  to 
be  evidence, 
unless  proof  be 
made  that  they 
were  not  killed 
contrary  to  law. 


Lawful  to  kill 
dogs  found  ou 
the  islands,  not 
belonging  there. 


Limitation. 


834 


Peovince  Laws.— 1765-66.   [Chaps.  20,  21.] 


CHAPTEE   20. 


AN  ACT   FOR  THE   PRESERVATION  OF  THE   BEACH  AND   HARBOUR  IN 
THE  TOAVN  OF  PLYMOUTH. 


Preamble. 


No  person  to 
cut  wood  or 
brush  growing 
on  Plymouth 
beach,  but 
under  certain 
restrictions. 


Penalty. 


Limitation. 


"Whereas  great  damage  is  done  on  the  beach  in  the  town  of  Plym- 
outh by  cutting  and  carrying  off  the  wood  and  brusli  that  grows  on 
some  part  of  it,  and  the  harbour  is  greatl_y  endangered  thereb}-, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  no  person,  on  any  pretence  whatever,  be  allowed 
to  cut  and  cany  off  an}'  of  the  wood  or  brush  that  grows  on  said  beach, 
saving  what  may  be  cut  by  order  of  the  selectmen,  and  used  for  the 
securing  and  preserving  said  beach  and  haibour ;  and  if  any  person 
shall  cut  and  carry  off  any  wood,  poles,  brush  or  trees  standing  and 
growing  on  said  beach,  he  shall  forfeit  and  pay  for  each  offence  the  sum 
of  twenty  shillings  for  each  tree,  pole  or  quantity  of  brush  cut  and  car- 
ried off;  to  be  recovered  b^y  action  or  iuforuiation  before  any  justice  of 
the  peace  in  the  county  of  Ph'mouth,  one  half  of  the  said  foi'feiture  to 
him  or  them  that  shall  inform  and  sue  for  the  same,  and  the  other  half 
to  the  use  of  the  poor  of  the  town  of  Plymouth. 

[Sect.  2.]  This  act  to  continue  and  be  in  foi'ce  for  the  space  of 
three  years  from  the  tenth  day  of  July  next,  and  no  longei-.  \_Passed 
and  published  June  25. 


CHAPTEE    21. 

AN  ACT  FOR  RAISING  BY  LOTTERY  THE  SUM  OF  THREE  THOUSAND 
TWO  HUNDRED  POUNDS,  FOR  BUILDING  ANOTHER  HALL  FOR  THE 
STUDENTS  OF  HARVARD   COLLEGE  TO  DWELL  IN. 


Preamble. 


Directors  of  the 
college  lottery 
appointed : 


— for  raising 
£3,200. 


Whereas  the  buildings  belonging  to  Harvard  College  are  greatly 
insufficient  for  lodging  the  students  of  the  said  college,  and  will  become 
much  more  so  when  Stoughton  Hall  shall  be  pulled  down,  as,  by  its 
present  ruinous  state,  it  appears  it  soon  must  be  ;  and  ivhereas  there  is 
no  fund  for  erecting  such  buildings,  and  considering  the  great  expcnce 
which  the  genei-al  court  has  latel}'  been  at  in  building  HoUis  Hall,  and 
also  in  rebuilding  Harvard  College,  it  cannot  be  expected  that  nx\\ 
further  provision  for  the  college  should  be  made  out  of  the  public 
treasury,  so  that  no  other  resort  is  left  but  to  private  benefactions, 
which,  it  is  conceived,  will  be  best  excited  by  means  of  a  lottery  ;  there- 
fore, to  prevent  the  further  inconveniences  which  will  arise  from  the 
necessaiy  pulling  down  Stoughton  Hall,  and  to  provide  for  the  present 
want  of  lodging-rooms  in  the  said  college, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  Thomas  Hubbard,  Esq.,  Hamson  Gra}',  Esq., 
Thomas  Flucker,  Esq.,  Edward  Holyoke,  Esq.,  Joseph  Lee,  Esq., 
John  Winthrop,  Esq.,  and  Mr.  Thomas  Gray,  be  appointed  and  im- 
powered  directors  to  set  up  and  carry  on  a  lottery  or  lotteries,  in  one 
or  more  classes,  whereb}'  to  raise  the  sum  of  three  thousand  and  two 
hundred  pounds,  lawful  money  ;  which  sum  so  to  be  raised,  and  ever}' 
part  thereof  from  time  to  time  so  raised,  after  deducting  the  necessary 
expences,  to  be  settled  and  approved  of  by  the  governor  and  council, 
shall  be  paid  unto  the  treasurer  of  the  province,  to  be  subject  to  the 


[Isr  Sess.] 


PROVINCE  Laws. — 1765-66. 


835 


order  of  the  governor,  by  and  with  the  advice  and  consent  of  the 
council,  for  building  a  new  hall  for  lodging- rooms,  as  before  mentioned, 
for  the  use  of  Harvard  College  as  aforesaid  ;  and  the  said  directors,  or 
an}'  four  of  them,  shall,  as  soon  after  the  publication  of  this  act  as 
convenientlj'  ma}*  be,  prepare  a  scheme  and  plan  for  carrying  on  the 
said  lotter}'  or  lotteries,  and  lay  the  same  before  the  governor  and 
council  for  their  approbation  ;  which  scheme  and  plan,  with  such  altera- 
tions and  additions  thereto  as  shall  be  thought  adviseable  from  time  to 
time,  being  approved  of  b}'  the  governor  and  council,  shall  be  the  rules 
for  the  said  directors'  proceeding  in  the  carrying  on  the  said  lottery  or 
lotteries,  and  raising  the  saitl  sum  of  three  thousand  and  two  hundred 
pounds  as  aforesaid.  And  the  said  directors,  and  each  of  them,  before 
they  (jr  he  shall  undertake  the  execution  of  this  act,  shall  take  an  oath 
for  the  faithful  execution  of  the  trust  reposed  in  them,  before  one  of 
his  majesty's  council  or  a  justice  of  the  peace,  the  administration  of 
which  oath  shall  be  certified  unto  the  governor  and  council ;  and  the 
accounts  of  the  said  directors,  and  each  of  them,  shall  be  audited  and 
linali}-  settled  by  the  governor  and  council,  and  there  shall  remain  upon 
record . 

[Sect.  2.]  And  if  there  shall  be  any  disputes  concerning  the  right 
of  or  to  an}-  benefit-ticket  or  tickets,  the  same  shall  be  heard  and 
determined  by  the  directors,  or  any  four  of  them  ;  and  if  either  of  the 
parties  shall  be  dissatisfied  with  such  determination,  they  shall  be  at 
liberty  to  appeal  to  the  governor  and  council,  who  shall  hear  and  finally 
determine  the  same  ;  and  if  an}'  prize  which  shall  be  drawn  in  the  said 
lotter\'  or  lotteries  shall  not  be  claimed  within  one  3'ear  after  the  list  of 
prizes  shall  be  published  in  some  or  one  of  the  Boston  newspapers,  the 
same  shall  l)e  considered  as  generously  given  to  the  uses  aforesaid,  and 
shall  be  paid  .unto  the  said  treasurer,  and  applied  accordingly  ;  and  if 
there  shall  remain  any  overplus  of  the  said  mone}'  remaining,  after  the 
said  new  hall  shall  be  built  and  compleatly  finished,  the  same  shall  be 
applied,  for  the  benefit  of  the  college,  to  such  uses  as  the  governor, 
with  the  advice  and  consent  of  the  council,  shall  order  and  direct. 

A)id  be  it  enacted, 

[Sect.  3.]  That  if  any  person  or  persons  shall  forge  or  alter,  or 
knowingly  publish  an}'  forged  or  altered  ticket  or  tickets,  with  intent  to 
defraud,  and  shall  be  convicted  thereof  in  the  superior  court  of  judica- 
ture, court  of  assize  and  general  goal  delivery,  such  person  or  persons 
shall  be  punished  by  fine,  imprisonment,  setting  in  the  pillory,  and 
whipping,  or  any  of  them,  according  to  the  discretion  of  the  court 
and  the  nature  of  the  oflTence.     [^Passed  and  published  Jane  25. 


Monej',  how  to 
bo  appliod. 


Governor  and 
council  to  ap- 
prove the 
scheme. 


Directoi'8  to  be 
under  oath. 


Prizes  not 
claimed  in  one 
year,  to  be  con- 
sidered as  given 
*M  the  coUcsfe. 


Overplus,  if  any, 
to  be  applied 
for  the  benefit 
of  the  college. 


Penalty  on 
forginji  tickets. 


CHAPTEK    22. 


AN  ACT  TO  ENABLE  THE  PROPRIETORS  OF  THE  TOV.'N  OF  WINDHAM, 
IN  THE  COUNTY  OF  CUMBERLAND,  TO  EXCHANGh.  THE  MINISTERIAL 
HOME-LOT,  SO  CALLED,  FOR  OTHER  LANDS  IN  THE  SAID  TOWN. 


Wheueas  the  ministerial  home-lot  in  the  town  of  Windham,  in  the  Preamble, 
county  of  Cumberland,  containing  twenty  acres,  is  but  ten  poles  wide 
and  a  mile  long,  and  therefore,  by  the  great  charge  of  fencing,  ren- 
dered unfit  for  that  use  ;  and  whereas  the  Reverend  Mr.  Peter  Thacher 
Smith  is  seised  and  possessed  of  one  hundred  acres  of  land  (lot  num- 
ber forty-four),  in  the  aforesaid  town  of  Windham,  which  has  been 
assigned  him  by  the  proprietors,  as  part  of  his  settlement ;  and  whereas 
the  said  proprietors,  b}'  their  committee,  Nathan  Bowen,  Jeremiah  Lee 


836 


Pr.oviNCE  Laws. — 17G5-66. 


[Chap.  22.] 


Proprietors  of 
"Windham,  and 
Rev.  Mr.  Smith, 
empowered  to 
exchange  a  lot 
of  laud. 


and  Isaac  Mansfield,  Esquires,  on  the  one  part,  and  the  said  Peter 
Thacher  Smith,  on  the  other,  for  their  mutual  advantage  and  benefit, 
desire  to  make  an  exchange  of  the  abovcsaid  ministerial  home-lot,  con- 
taining twenty  acres,  for  the  like  quantity  of  twenty  acres  out  of  the 
abovesaid  lot  number  forty-four,  as  it  shall  be  laid  out  by  the  parties 
above  named, — 

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

That  the  proprietors  of  the  said  town  of  Windham,  by  their  afore- 
said committee,  Nathan  Bowen,  Jeremiah  Lee  and  Isaac  Mansfield,  be 
and  hereby  are  fully  authorized  and  impowcrcd  to  bargain,  sell,  and 
conve3',  and  execute  a  good  and  sufficient  deed  of,  the  ministerial  home- 
lot  aforesaid,  to  the  said  Peter  Thacher  Smidi,  his  heirs  and  assigns 
forever,  an}'  assignment  of  the  said  lot  to  tlic  use  of  the  ministry  not- 
withstanding;  and  to  take  by  deed,  in  exchange  therefor,  from  the 
said  Peter  Thacher  Smith,  twenty  acres,  part  of  the  said  lot  number 
fort3'-four,  which  twent}'  acres  of  the  said  lot  number  forty-four  shall 
be  and  herebj'  are  declared  to  be  appropriated  to  the  use  of  the  minis- 
tr}'  in  the  said  town  of  Windham,  in  like  manner  as  the  ministerial 
home-lot,  so  called,  would  have  been  and  remained  appropriated  if  it 
had  not  been  alienated  in  consequence  of  this  act.     \_Fassed  June  25. 


[2d  Sess.] 


Peovince  Laws. — 1765-66. 


837 


ACTS 

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

1765.  

CHAPTER    23. 

AN  ACT  FOR  INCORPORATING  A  NEW  PLANTATION  IN  THE  COUNTY 
OF  HAMPSHIRE,  CALLED  AND  KNOWN  BY  THE  [NAME  OF*]  MUR- 
RAYFIELD,  INTO  A  TOWN  BY  THE  NAME   OF  MURRAYFIELD. 

Whereas  the  proprietors  of  the  plantation  called  and  known  by  the  Preamble, 
name  of  Murrayfield,  have  represented  to  this  court  that  the  inhabit- 
ants of  said  plantation  labour  under  many  difficulties  and  inconven- 
ienc[?']es  by  reason  of  their  not  being  incorporated;  for  the  removal 
whereof, — 

Be  it  enacted  by  the  Governor^   Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  said  tract  of  land,  bounded  and  described  as  fol-  Murrayfield 
lows  ;  viz'*^.,  bounded  northerh',  partly  on  Chesterfield,  and  partly  on  a  ^nain  bounds.' 
new  township  known  by  the  name  of  Number  Three,  and  runs  from  the 
south-west  corner  of  said  Chesterfield  to  the  north-east  corner  of 
Becket ;  thence,  on  the  east  line  of  Becket,  to  the  south-east  corner 
of  said  Becket ;  and  from  thence,  the  same  course  to  Blan[d]ford  line  ; 
then,  bounded  south,  partly  on  said  Blanford,  and  parti}'  on  Westfield  ; 
and  east,  partly  on  Southampton,  and  parti}'  on  Northampton, — be 
and  hereby  is  erected  into  a  town  by  the  name  of  Murrayfield  ;  and  the 
inhabitants  thereof  shall  have  and  enjo}'  all  such  privile[d]ges  and 
immunities  as  other  towns  in  this  province  have  and  do  by  law  enjo}'. 

And  he  it  further  enacted, 

[Sect.  2.]  That  Eldad  Taylor,  Esq^.,  be  and  hereby  is  impowered  First  meeting, 
to  issue  his  warrant  to  some  principal  inhabitant  of  said  town  of  Mur-  noufied.  ^ 
rayfield,  requiring  him,  in  his  majesty's  name,  to  warn  and  notify  the 
said  inhabitants,  qualified  to  vote  in  town  affairs,  to  meet  together  at 
such  time,  and  place  in  said  town,  as  shall  be  appointed  in  said  warrant, 
to  choose  such  officers  as  the  law  directs  to  be  chosen  annual!}',  in  the 
month  of  March,  and  may  be  necessary  to  manage  the  affairs  of  said 
town  ;  and  the  inhabitants,  so  met,  shall  be  and  are  hereby  impowered 
to  choose  officers  accordingly.     [Passed  October  31. 


CHAPTER    24. 

[^*]N  ACT  FOR  REVIVING  AND  CONTINUING  AN  ACT  MADE  IN  THE 
FOURTH  YEAR  OF  HIS  PRESENT  MAJESTY  KING  GEORGE  THE 
THIRD,  INTITLED  "  AN  ACT  TO  PREVENT  THE  UNNECESSARY  DE- 
STRUCTION OF  ALEWIVES  IN  THE  TOWN  OF  MIDDLEBOROUGH." 

Whereas  an  act  made  in  the  fourth  year  of  his  present  majesty's  Act  to  prevent 
reign,  intitled  "  An  Act  in  addition  to  the  act  intitled  '  An  Act  to  pre-  KvesiS*'* 
*  Parchment  mutilated. 


838 


Province  Laws. — 1765-66. 


[Chap.  25.] 


Middleborough, 
continued. 
1764-65, 
chap.  10. 


vent  the  uniiecessar}'  destruction  of  alewives  in  the  town  of  Middle- 
borough,'  "  has  been  found  useful  and  beneficial,  and  is  now  expired, — 

Be  it  therefore  enacted  l»j  the  Governor^  Council  and  House  of 
Representatives, 

That  the  said  act,  in  all  and  every  article,  clause,  matter  and  thing, 
be  and  is  hereby  revived,  and  shall  be  in  full  force  until  the  twenty- 
sixth  of  October,  which  will  be  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  sixty-seven.     \_Passed  October  3L 


CHAPTER    25. 

AN  ACT  FOR  ERECTING  THE  SECOND  PARISH  OF  FALMOUTH,  IN  THE 
COUNTY  OF  CUMBERLAND,  INTO  A  DISTRICT  BY  THE  NAME  OF 
CAPE  ELISABETH. 


Preamble. 


Cape  Elizabeth 
made  a  district, 
by  certain 
bounds. 


First  meeting, 
how  to  be 
notified. 


FroTiso. 


Whereas  the  second  parish  of  Falmouth,  in  the  count}'  of  Cumber- 
land, labour  under  many  and  great  difficulties  by  reason  of  their  not 
being  erected  into  a  distinct  and  separate  district ;  wherefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  L]  That  the  said  second  parish  of  Falmouth,  lying  and 
being  on  the  south  side  of  the  Fore  River,  in  Falmouth,  ruii[/i]ing  up 
said  river,  towards  Stroudwater  River,  until  it  comes  within  half  a  mile 
of  the  mouth,  or  entrance,  of  said  Stroudwater  River,  and  thence,  on  a 
due  west  course,  or  line,  across  to  Scarborough  line,  be  and  is  hereby 
incorporated  into  a  district  by  the  name  of  Cape  Elisabeth  ;  and  that 
the  said  district  be  and  hei'eby  is  invested  with"  all  the  privile[d]ges, 
powers  and  immunities  that  towns  in  this  proviuce,  by  law,  do  or  may 
enjoy,  that  of  sending  a  representative  to  the  general  assembh'  only  [ex]- 
[ac]  cepted  ;  and  that  the  inhabitants  of  said  disti-ict  shall  have  libert}', 
from  time  to  time,  to  join,  with  the  town  of  Falmouth,  in  the  choice 
of  a  representative  or  representatives  ;  and  that  the  selectmen  of  the 
town  of  Falmouth  give  seasonable  notice,  to  the  inhabitants  of  s[ai]'d 
district,  of  the  time  and  place  for  the  choice  of  such  representative  or 
representatives,  which  representatives  may  be  chosen  inditferentl}'  from 
said  town  or  district. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  Samuel  Waldo,  Esq^'^.,  be  and  hereby  is  directed 
and  impowered  to  issue  a  warrant,  directed  to  some  principal  inhabitant 
within  said  district,  requiring  him  to  warn  the  inhabitants  of  said  dis- 
trict, qualified  to  vote  in  town  affairs,  to  assemble  at  some  suitable  time 
and  place,  in  said  district,  to  chuse  such  officers  as  are  necessary  to 
manage  the  affairs  of  said  district. 

Provided,  nevertheless, — 

[Sect.  3.]  The  inhabitants  of  said  district  of  Cape  Elisabeth  shall 
pay  their  pi'oportionable  part  of  all  such  town,  county  and  province 
charges,  as  are  akeady  assessed,  in  like  manner  as  i\\o' [ugh']  this  act 
had  not  been  made.     \_Passed  November  L 


[3d  Sess.] 


Proyince  Laws. — 1765-66. 


839 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Fifteenth  day  of  January,  A.D.  1766. 


CHAPTER   26. 


AN  ACT  FOR  ERECTING  THE  NORTH  PRECINCT  IN  THE  TOWN  OF 
WESTBOROUGH,  IN  THE  COUNTY  OF  [  WORCESTER*],  INTO  A 
SEP[E][^]RATE  DISTRICT  BY  THE  NAME  OF  NORTHBOROUGH. 

Whereas  the  inhabitants  of  the  north  precinct  in  "Westborough,  in 
the  county  of  Worcester,  labour  n[_ncler*^  many  and  great  difficulties 
by  reason  of  their  not  being  a  distinct  and  sep[e][a]rate  district; 
therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  north  precinct  in  Westborough,  in  the  county 
of  Worcester,  according  to  its  present  known  bounds,  be  and  hereb}'  is 
erected  into  a  district  by  the  name  of  Noithborough  ;  and  that  the  said 
district  be  and  hereby  is  invested  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  excepted  ;  and  that 
the  inhabitants  of  the  said  district  shall  have  full  power,  from  time  to 
time,  to  join,  with  the  town  of  Westborough,  in  the  choice  of  a  repre- 
sentative or  representatives,  which  representatives  ma}'  be  chosen  in- 
differentl}'  from  said  town  or  district ;  and  that  the  selectmen  of  the 
town  of  Westborough,  as  often  as  the}'  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  join  them  therein  ;  and  the  clerk 
of  said  district  shall  set  up,  in  some  publick  place  in  the  said  district, 
a  notification  thereof,  accordingly  ;  and  the  pay  and  allowance  of  said 
representative  to  be  borne  by  said  town  and  district. 

And  he  it  further  enacted, 

[Sect.  2.]  That  the  said  district  shall  pay  their  proportion  of  all 
town,  county  and  province  taxes  alreadj'  set  on,  or  granted  to  be  raised 
by,  said  town,  as  if  this  act  had  not  been  made. 

Provided,  nevertheless, — 

[Sect.  3.]  That  the  inhabitants  of  the  said  district  shall  retain  and 
enjoy  the  same  right  and  share  to  all  the  ministerial  lands,  and  the  im- 
provements and  profits  thereof,  as  they  would  have  had  if  this  act  had 
not  been  made. 

Provided,  also, — 

And  be  it  further  enacted, 

[Sect.  4.]  That  of  all  [</<e]  monies,  arms  and  ammunition,  weights 
and  measures,  belonging  to  said  town,  the  inhabitants  of  the  said  dis- 
trict 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. 

*  Parchment  mutilated. 


Preamble. 


Nortbborough 
made  a  district 
by  certain 
bounds. 


To  join  with 
Westborough 
in  the  choice  of 
representatives. 


To  pay  a  pro- 
portion of  the 
taxes. 


To  have  right 
and  share  to  the 
ministerial 
lands : 


— and  a  proper- 
tion  of  moneys, 
arms,  weights, 
&c. 


840 


Province  I.A^YS.— 1765-66.     [Chaps.  27,  28.] 


First  meeting, 
how  to  be 
notified. 


And  be  it  further  enacted, 

[Sect.  5.]  That  Francis  Whipple,  Esq^""^.,  be  and  hereby  is 
[e][i]mpowered  to  issue  a  warrant,  directed  to  some  principal  in- 
habitant in  said  district,  requiring  him  to  warn  the  inhabitants  of  the 
said  district,  qualified,  b}'  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 
January  24,  1766. 


CHAPTER    27. 

AN  ACT  FOR  ALTERING  THE  TIME  APPOINTED  FOR  HOLDING  THE 
COURT  OF  GENERAL  SESSIONS  OF  THE  PEACE  AND.  INFERIOR 
COURT  OF  COMMON  PLEAS,  WHICH,  BY  LAW,  ARE  NOW  ESTAB- 
LISHED TO  BE  HELD  AT  CHARLESTOWN,  IN  THE  COUNTY  OF 
MIDDLESEX,  ON  THE  FIRST  TUESDAY  OF  MARCH. 


Preamble. 
1764-65,  chap. 
20. 


Time  of  holding 
court  of  ses- 
eions,  &c.,  at 
Charles  town. 


Writs,  &o.,  re- 
turnable. 


Whereas  it  appears  inconvenient  that  the  said  court  of  general  ses- 
sions of  the  peace,  and  inferior  court  of  common  pleas  for  the  said 
count}',  should  be  held  on  the  said  first  Tuesday  of  March, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Representat  ives , 

[Sect.  1.]  That  the  said  court  of  general  sessions  of  the  peace, 
and  inferior  court  of  common  pleas,  shall  be  henceforth  held  on  the  third 
Tuesday'  of  March,  annually,  and  all  officers  and  other  persons  con- 
cerned are  required  to  conform  themselves  accordingh'. 

And  be  it  further  enacted, 

[Sect.  2.]  That  all  writs,  suits,  plaints,  processes,  appeals,  re- 
views, recognizances,  warrants,  or  other  matters  or  things  whatsoever, 
which  now  are,  or  at  any  time  before  the  said  third  Tuesday  of  March, 
shall  be,  issued,  taken  or  depending  in  the  said  count}-  of  Middlesex, 
which  were  to  have  been  returned,  or  proceeded  on,  on  the  said  first 
Tuesda}-  of  March,  as  by  law  appointed,  shall  be  good  and  valid,  and 
stand  good,  to  all  intents  and  purposes,  in  the  law,  and  shall  be  re- 
turned and  proceeded  on — and  said  courts  shall  be  held  on — the  said 
third  Tuesday'  of  March,  annuall}'.     [^Passed  February  15,  1766. 


CHAPTER    2  8. 

[AjST  A*]CT  for  GRANTING  UNTO  HIS  MAJESTY  AN  EXCISE  UPON 
SPIRITS  DISTILLED,  AND  WINE,  AND  UPON  LIMES,  [LEiBIOmS*] 
AND   ORANGES. 


Preamble. 


Time  of  this 
act's  contin- 
uance. 


AYe,  his  majesty's  most  loyal  and  dutiful  subjects,  the  representatives 
of  the  province  of  the  Massachusetts  Ba}',  in  general  couit  assembled, 
being  desii-ous  of  less[e]ning  the  present  debt  of  the  province,  have 
chearfully  and  unanimously  granted,  and  do  liereb}'  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  distilled  spirits,  and 
upon  all  wines  whatsoever,  and  upon  lemmons,  limes  and  oranges,  to  be 
raised,  levied  and  collected,  and  paid  in  manner  and  form  following : — 

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

[Sect.  1.]     That  from  and  after  the  twenty-fifth  day  of  March,  one 

*  Parchment  mutilated. 


[3d  Sess.J 


Province  Laws. — 1765-G6. 


841 


Accounts  to  be 
taken. 


thousand  seven  liundi'ed  and  sixty-six,  and  until[l]  the  twent3"-sixth 
day  of  March,  one  thousand  seven  hundred  and  sixty-seven,  every  per- 
son ah-eady  licenced,  or  that  shall  be  hereafter  licenced,  to  retail  rum  or 
other  spu'its  distilled,  or  wine,  shall  pay  the  duties  following: — 

For  every  gallon  of  rum  and  spirits  distilled,  fourpeuce. 

For  ever}'  gallon  of  wine  of  every  sort,  sixpence. 

For  every  hundred  of  lemmons  or  oranges  used  and  consumed  in 
making  punch,  or  otherwise  for  sale  by  taverners  and  innholders  only, 
eight  shillings. 

For  ever}'  hundred  of  limes  used  and  consumed  in  making  punch,  or 
otherwise  for  sale  by  taverners  and  innholders  only,  three  shillings. 
— And  so  proportionablj'  for  anj'  quantity  or  number. 

And  be  it  further  enacted, 

[Sect.  2.]  That  every  retailer  of  rum,  wine  or  spirits  distilled,  tav- 
erner  and  innholder,  shall,  on  the  twenty-sixth  day  of  March,  one 
thousand  seven  hundred  and  sixty-six,  take  a  just  and  true  account,  in 
writing,  of  all  wine,  rum  and  spirits  distilled,  then  by  him  or  her,  or  in 
his  or  her  possession  ;  and  that  every  person  who  shall  be  he[a]r[e]- 
after  licenced  to  be  a  taverner,  innholder  and  retailer  of  wine,  rum  or 
spirits  distilled,  shall  take  a  like  account  of  all  wine,  rum  and  other  spir- 
its distilled,  by  him  or  her,  or  in  his  or  her  possession,  at  the  time  ot 
such  licence  being  granted  ;  and  ever}-  taverner,  innholder  and  retailer 
of  rum  and  other  spirits  distilled,  or  wine,  shall  make  a  fair  entry,  in 
a  book  by  them  respectivel}'  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,  distill,  take  or  receive,  after  such  first 
account  taken,  and  when  and  of  whom  the  same  was  bought  and  taken 
in  ;  and  at  the  expiration  of  the  said  year  shall  take  a  just  and  true  ac- 
count how  much  thereof  then  remains  by  them ;  and  shall,  in  writing, 
under  their  hands,  render  to  him  or  them  that  shall  collect  the  duties 
aforesaid  the  whole  of  those  several  accounts,  and  shall  also  make  oath, 
in  the  form  following,  before  such  collector  or  collectors,  who  are  here- 
by impowered  to  administer  the  same  : — 

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  wines,  rum  and  distilled  "*'  ' 
spirits  you  had  by  you,  or  in  your  possession,  on  the  twenty-six[th]  day  of 
March,  one  thousand  seven  hundred  and  sixty-six,  and  also  of  all  the  wine,  rum. 
and  other  distilled  sjiirits  bought,  distilled,  taken  in  or  received  by  you,  or  by 
any  person  or  persons  for  or  under  you,  or  by  or  with  your  knowledge,  allow- 
ance, consent  or  connivance,  and  that  there  still  remains  thereof  in  your  pos- 
session, unsold,  so  much  as  is  in  this  account  said  to  remain  by  you  unsold  ;  and 
that  there  has  not  been  by  you,  or  by  any  other  person  or  persons  for  or  under 
you,  by  your  order,  allowance,  consent  or  connivance,  either  directly  or  indi- 
rectly, sold,  used  or  consumed  any  wine,  or  any  liquor  for,  or  as,  wine,  any 
rum  or  distilled  spirits,  or  liquor  for,  or  as,  rum  or  distilled  spirits  ;  or  if  a 
taverner  or  innholder,  that  there  has  not  been  any  limes,  lemmons  or  oranges 
by  you,  or  by  any  person  or  persons  for  or  under  you,  or  by  your  order,  con- 
sent, allowance  or  connivance,  used  in  making  punch,  or  otherwise  for  sale, 
since  the  twenty-fifth  day  of  March,  one  thousand  seven  hundred  and  sixty- 
six,  besides  what  is  contained  in  the  account  by  you  now  rendered.  So  help 
you  God. 

— and  every  collector  of  the  excise  who  shall  receive  any  account  from   Penalty  for  col- 
any  person,  in  consequence  of  this  act,  without  making  oath  to  the  same,   accounts^wiuj"^ 
as  aforesaid,  shall  forfeit  and  pay  for  the  use  of  the  government  the  out  oath, 
sum  of  twenty  pounds. 

[Sect.  3.]  And  for  every  person  that  was  not  licenced  on  the  same 
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  their 
licence  shall  be  inserted  and  used. 


842 


Province  Laws. — 1765-66. 


[Chap.  28.] 


Duties  to  the 
collector. 


Ten  per  cent 
allowed  for 
leakage. 


Taverners,  &c., 
to  give  bond. 


Recognizances 
put  in  suit  may 
be  chancered  as 
other  bonds. 


Licenses  not  to 
bo  renewed  if 
former  excise  is 
not  paid. 


Preamble. 


Forfeiture  for 
Belling  without 
license. 


Preamble. 


[Sect.  4.]  And  eveiy  such  taverner,  innbolder  and  retailer  shall 
pay  the  duties  aforesaid  to  him  or  them  that  shall  collect  the  same,  on 
the  whole  of  the  several  articles  mentioned  in  such  account  rendered. 
saving  onhj  for  such  part  thereof  as  remains  in  their  hands  unsold  :  pro- 
vided, nevertheless,  [that  foj-*^  ordinary  leakage,  &c'^''^.,  ten  per  cent 
shall  be  allowed  them  on  all  liquors  in  such  account  mentioned,  [besides 
ivh*^ai  remains  in  their  hands  unsold,  and  what  they  shall  on  oath 
depose  they  have  lost  b}'  extraordinary  [leakage  o?-*]  other  casualties. 

And  he  it  further  enacted, 

[Sect.  5.]  That  every  person  hereafter  licen[c][.s]ed  to  be  a  [tav- 
erner, i*]nnholder  or  retailer  of  any  wine,  rum  or  spirits  distilled  shall, 
within  thirt}-  days  after  such  [licence  j;*] ranted,  and  before  he  or  she 
shall  sell  by  virtue  of  the  same,  not  only  become  bound  to  keep  good 
rule  [and  o*]rder,  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  this  government,  in  a  sufficient  sum,  to  be  ordered  by  the 
court  that  grants  the  licence,  which  sum  shall  not  exceed  three  hun- 
dred pounds  nor  be  less  than  fifty  pounds,  conditioned  that  they  shall 
keep  and  render  the  accounts  aforesaid,  and  pay  the  duties  aforesaid, 
as  in  and  by  this  act  is  required. 

Provided,  nevertheless, — 
•  And  it  is  hereby  enacted  and  declared, 

[Sect.  6.]  That  all  recognizances,  taken  in  consequence  of  this  act, 
and  on  forfeiture  put  in  suit  in  any  court  of  record  within  this  province, 
may,  b}'  such  court,  be  chancered  down  to  the  just  debt  and  damage 
(where  that  can  be  known),  as  other  bonds  may  be,  by  the  laws  of  this 
province  already  enacted. 

And  he  it  further  enacted, 

[Sect.  7.]  That  no  such  taverner,  iunholder  or  retailer  shall  be 
licenced  b}-  the  justices  of  the  general  sessions  of  the  peace,  who  have 
not  accounted  with  the  collector,  and  paid  him  the  excise,  aforesaid,  due 
from  such  persons  at  the  time  of  his  or  her  taking  or  renewing  his 
licence. 

And  whereas,  notwithstanding  the  laws  made  against  selling  strong 
drink  without  licence,  many  persons,  not  regarding  the  penalties  of  said 
act,  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  government  thereby'  defrauded, — 

Be  it  therefore  enacted, 

[Sect.  8.]  That  if  any  distiller,  importer,  or  any  other  person  what- 
ever, after  the  said  twenty-fifth  day  of  March,  shall  presume,  directly 
or  indirectly,  to  sell  any  rum  or  other  distilled  spirits,  or  wine,  in  less 
quantity  than  fifteen  gallons,  or  an}'  beer,  ale,  cyder,  perry  or  other 
strong  drink,  in  any  quantity  less  than  three  gallons,  without  licence 
first  had  and  obtained  from  the  court  of  general  sessions  of  the  peace  in 
that  count}',  and  recognizing  in  manner  as  afores[aid*],  shall  forfeit 
and  pay  for  each  offence  the  sum  of  two  pounds  and  costs  of  prosecu- 
tion, two  thirds  for  the  use  of  the  government,  and  the  other  third  for 
the  prosecutor. 

And  ivhereas  divers  other  persons  than  those  licenced  to  sell  rum  and 
other  distilled  spirits  by  retail,  have  heretofore  supplied  persons  em- 
plo5'ed  by  them  in  the  fishery,  building  vessel  [l]s,  and  in  other  busi- 
ness, without  paying  any  excise  therefor,  and  thereby  have  defrauded 
the  government  of  the  duties  of  excise,  and  have  not  been  subject 
to  the  penalty  provided  by  law  against  selling  drink  without  licence, 
*  Parchment  mutilated. 


[f.D  SeSS.] 


PROViisrcp:  Laws. — 1765-66. 


843 


aud  the  same  practice  will  probably  be  continued  unless  effectual  care 
1x3  taken  to  prevent  the  same, — 

Be  it  therefore  enacted^ 

[Sect.  9.]  That  all  persons  not  licenced  as  aforesaid,  who  shall 
hereafter,  by  themselves,  or  by  any  other  person  or  persons  under  them, 
or  b\'  their  order[s],  allowance  or  connivance,  suppl}^  any  person  or 
persons  employed  by  them  in  the  fisher}',  building  of  vessel [l]s,  or  an}' 
other  business  or  emplo}',  with  rum  or  any  other  distilled  s[)irits,  or 
wine,  shall  be  deemed  and  taken  to  be  sellers  of  such  liquors,  and  be 
subject  to  the  aforesaid  pains  and  penalties  provided  against  peisons 
selling  any  of  the  liquors  aforesaid  without  licence,  and  shall  be  recov- 
ered in  like  manner,  unless  they  make  it  appear  that  such  wine,  rum 
or  other  distilled  spirits  was  purchased  of  a  taverner,  innholder  or  re- 
tailer, or  other  person  or  persons  that  had  licence  or  permit  to  sell  the 
same. 

And  be  it  further  enacted^ 

[Sect.  10.]  For  the  encouragement  of  the  cod  and  whale  fisherj-, 
that  all  rum  aud  other  spirits  consumed  by  such  persons  as  are  em- 
ployed in  the  said  business,  out  of  this  province,  be  exempted  from 
paying  excise,  and  that  there  be  allowed  for  the  consumption  of  each 
vessel[l]'s  crew  usually  fishing  upon  George's  Banks,  and  to  the  east- 
ward and  southward  thereof,  the  quantity-  of  twenty  gallons  for  each 
trip  or  fare  ;  and  that  every  master  or  owner  of  such  vessel[l]  or  ves- 
sel[l]s  that  shall,  after  the  twenty-sixth  da}'  of  March  next,  supply 
any  such  vessel [1]  with  any  rum  or  spirits  on  a  fishing  voyage,  and 
produce  an  account  thereof  to  the  collector,  under  oath,  not  exceeding 
the  aforesaid  Cfuantity  of  twenty  gallons  for  one  trip  or  fare,  shall  be 
allowed  the  same  drawback  as  is  provided  in  this  act  on  rum  and  other 
spirits  exported  out  of  this  province. 

And  be  it  further  enacted^ 

[Sect.  11.]  That  when  any  person  shall  be  charged  with  selling 
any  strong  drink  without  licence,  one  witness  produced  to  the  satisfac- 
tion of  the  court  or  justice  before  whom  the  trial  is,  shall  be  deemed 
suflScient  for  conviction.  Aud  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,  any  justice  of  the  peace  in  the  same  county,  shall 
[liave  poiver*~\  to  convene  such  persons  before  him,  to  examine  them, 
upon  oath,  concerning  the  persons  \_suspected  of  sellinrj*'\  or  retailing 
strong  drink  in  such  houses,  outhouses  or  other  depend  [a]  [e]nc[/]e[.s] 
thereof;  and  if,  upon  examining  such  witnesses,  and  hearing  the  defence 
of  such  suspected  person,  it  shall  appear  to  the  justice  there  is  suffi- 
cient proof  of  the  violation  of  this  act  by  selling  strong  drink  without 
licence,  judgment  may  thereupon  be  made  [up*'\  against  such  person, 
and  he  shall  forfeit  in  like  manner  as  if  process  had  been  commenced 
[6?/*]  action  or  information  before  the  said  justice  ;  or  otherwise  the 
said  justice  may  bind  over  the  [pers*]on  suspected,  and  the  witnesses, 
to  the  next  court  of  general  sessions  of  the  peace  for  the  [co«n*] ty 
where  such  person  shall  dwell. 

And  be  it  further  enacted, 

[Sect.  12.]  That  if  any  person  or  persons  shall  be  [.s*]ummoned 
to  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 
court  proper  to  try  the  same,  to  give  evidence  on  the  trial  of  any  per- 
son informed  against,  presented  or  indicted  for  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 

*■  Parchment  mutilated. 


Persons  not 
licensed, supply- 
ing those  em- 
ployed by  them 
in  the  fishery, 
&c.,  with  spirit. 
U0U3  liquors,  to 
be  deemed 
sellers. 


Vessels  em- 
ployed in  the 
cod  and  whale 
fishery  allowed 
twenty  gallons 
free  of  excise. 


One  witness 
sufficient  for 
coaviction. 


Penalty  on  per- 
sons refusing  to 
give  evidence. 


844 


PpwOvixce  Laws.— 1765-66.  [Chap.  28.] 


How  fines,  &c., 
are  to  be  recov- 
ered. 


Collectors  to 
attend  in  each 
town  or  district. 


Collectors  al- 
ready chosen 
are  to  see  to  the 
execution  of  this 
act; 

— and  may  ap- 
point deputies. 


forty  shillings  and  costs  of  prosecution  ;  the  one  half  of  the  penalty 
aforesaid  to  be  to  his  majest}'  for  the  use  of  the  province,  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  in- 
formed against,  for  selling  strong  drink  without  licence,  is  or  are  to  be 
prosecuted  for  the  same,  in  every  such  case,  the  deposition  of  an}-  wit- 
ness or  witnesses,  in  writing,  taken  before  any  two  of  his  majesty's  jus- 
tices of  the  peace,  quorum  nnus,  and  sealed  up  and  delivered  into  court, 
the  adverse  party  having  first  had  notice,  in  writing,  sent  to  him  or 
her,  of  the  time  and  place  of  caption,  shall  be  esteemed  a  sufficient 
evidence,  in  the  law,  to  convict  any  person  or  persons  oflending  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  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  neglect- 
ing or  refusing  to  give  his  or  her  evidence  before  the  grand  jurj-  or 
court  aforesaid. 

And  be  it  further  enacted^ 

[Sect.  13.]  That  all  fines,  penalties  and  forfeitures  arising  by  this 
act  shall  and  may  be  recovered  by  action  or  information  before  any 
court  of  record  proper  to  try  the  same,  and,  where  the  sum  forfeited 
does  not  exceed  forty  shillings,  by  action  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  hereb}'  impowered 
to  tr}^  and  determine  the  same.  And  the  said  justice  shall  make  a  fair 
entry  or  record  of  all  such  proceedings  :  saving,  always,  to  any  person 
or  persons  who  shall  think  him-  or  themselves  aggrieved  by  the  deter- 
mination of  the  said  justice,  liberty  of  appeal  therefrom  to  the  next 
court  of  general  sessions  of  the  peace  to  be  holden  for  or  within  said 
county,  at  which  court  such  offence  shall  be  finally  determined  :  j^^'o- 
vided,  that  in  the  same  appeal  the  same  rules  be  observed  as  are 
already  required  bj-  law,  in  appeals,  from  justices,  to  the  court  of  general 
sessions  of  the  peace,  saving,  only,  that  the  recognizance  for  prosecut- 
ing the  appeal  shall  be  four  pounds. 

[Sect.  14.]  And  that  the  respective  collectors  shall  attend  at  some 
convenient  place  in  each  town  or  district  in  this  province,  in  order  to 
receive  and  settle  all  accounts  relating  to  the  said  excise  in  the  several 
towns  of  the  county  where  he  is  collector,  first  giving  seasonable  and 
public[k]  notice  of  the  time  and  place  or  places  where  said  business 
shall  be  transacted  ;  and  no  collector  shall  demand  or  take  any  fee  for 
such  attendance,  settlement  or  travel,  upon  the  penalt}'  of  ten  pounds, 
to  be  recovered  b}'  action  or  information,  in  any  court  of  record ;  one 
half  to  the  informer,  and  the  other  half  for  the  use  of  the  province. 

[Sect.  15.]  And  such  collectors  in  each  county  who  shall  hereafter 
be  appointed  b}-  the  general  court  to  take  charge  of  this  duty  of  excise, 
shall  be  upon  oath  to  take  care  of  the  execution  of  this  law,  and  to 
prosecute  the  breakers  of  it. 

[Sect.  IC]  And  ever}'  collector  of  excise  in  any  county  may  sub- 
stitute 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  count}',  and  pay  in  the  same  to  such  collector,  which  deputy 
and  deputies  shall  have,  use  and  exercise  all  such  powers  and  author- 
ities as  in  and  by  this  act  are  given  or  committed  to  the  collector  for 

*  Parchment  mutilated. 


[3d  Sess.] 


Peovince  Laws. — 1T65-GG. 


845 


the  better  collecting  the  duties  aforesaid,  or  prosecuting  oUenders 
against  this  act ;  for  the  doings  of  which  deputies  the  collectors  re- 
spectively shall  be  accountable. 

[Sect.  17.]  And  said  collectors  shall  careful!}'  examine  the  accounts 
of  every  licenced  person  in  their  respective  counties,  and  demand,  sue 
for,  and  receive  the  several  sums  due  from  them,  b}-  this  act,  and  shall 
give  in  the  name  of  ever^'  licenced  and  permitted  person,  and  an  ac- 
count, under  their  hands,  of  the  particular  sums  thc}^  receive,  and  of 
whom  received,  unto  the  treasurer,  upon  [oa*]th  ;  which  oath  the 
treasurer  is  liereb}'  impowered  and  directed  to  administer  in  the  words 
following;   [ri*]z^'^., — 

You,  A.  B.,  do  swear  that  this  is  a  just  and  true  account  of  the  excise   Form  of  the 
upon  all  wines,  rum  and  distilled  spirits,  limes,  lem[m]ons  and  oranges  by  you    °^^^- 
received  or  by  you  secured  to  be  paid  in  the  county  of  ;   and 

that  you  have  not  wilfully  neglected  swearing  any  person  of  or  for  whom  the 
same  was  received  or  secured,  in  manner  and  form  as  by  law  is  prescribed. 
So  help  you  God. 


[Sect.  18.]  And  at  the  time  of  receiving  any  monej^  the  said  col- 
lector shall  give  two  receipts,  of  the  same  tenor  and  date,  mentioning 
what  sum  or  sums  they  have  received  from  any  taverner,  innholder  or 
retailer ;  one  of  which  receipts  to  be  by  the  said  taverner,  innholder 
or  retailer,  returned  to  the  court  of  general  sessions  of  the  peace,  williin 
their  respective  counties,  at  the  next  session  of  such  court,  and  the 
clerks  of  said  court  shall,  within  thirty*  days  after  the  receipt  thereof, 
transmit  the  same  to  the  treasurer  or  receiver-general,  under  the  pen- 
alty of  twenty  pounds  for  each  clerk  who  shall  neglect  his  dutv  herein. 

[Sect.  19.]  And  such  collectors  shall  pa}'  in  to  the  publick  treasur\- 
of  this  province  all  such  sums  as  they  shall  receive,  within  fifteen 
months  from  the  date  of  their  appointment,  on  pain  of  forfeiting  the 
reward  given  such  collectors  by  this  act,  who  shall  be  allowed,  in  the 
counties  of  Suffolk,  Essex  and  Middlesex,  two  per  cent,  in  tiie  counties 
of  Plymouth,  Bristol,  Hampshire  and  Worcester,  two  and  a[«]-half  per 
cent,  and  in  the  other  counties,  three  per  cent,  on  all  money  by  them 
collected  and  paid  into  the  treasur}-  as  aforesaid,  each  collector,  before 
he  enters  into  the  said  office,  to  give  bond  for  treble  the  sum  it  was 
farmed  for  in  the  respective  counties,  in  the  year  one  thousand  seven 
hundred  and  fifty-seven,  with  sureties  to  the  treasurer  of  this  province 
for  the  time  being,  and  his  successors  in  the  said  office  ;  which  bond 
shall  be  executed  before  the  next  court  of  general  sessions  of  the  peace, 
in  the  respective  counties,  where  the  said  collectors  live,  or  before  two 
of  his  majest3-'s  justices  of  the  peace  in  the  respective  counties,  one  to 
be  of  the  quorum:  one  of  the  said  justices  to  return  the  certificate 
to  the  clerk  of  the  sessions  within  thirty  days,  as  aforesaid,  and  be 
transmitted  to  the  treasurer  of  the  province  by  the  clerk  of  the  peace 
within  such  country,  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  paj'ment  within  fifty  dajs  after  the  day 
of  paj-ment. 

And  he  it  further  enacted, 

[Sect.  20.]  That  in  case  any  collector  of  the  excise  [as]  aforesaid,  or 
his  deputy,  shall,  at  any  time  during  their  continuance  in  that  otHce, 
wittingl}-  and  willingly  connive  at,  o-r  allow  an}'  person  or  persons  in 
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  collector  or  deputy,  for  every  such  offence,  shall  forfeit 


Collectors  to 
give  two  re- 
ceipts for  every 
sum  received. 


Collectors'  fees. 


Bond  to  be 
given  to  the 
treasurer,  for 
treble  the  sum 
that  the  excise 
was  farmed  for. 


Penalty  for  col- 
lectors' or  depu- 
ties' offending. 


*  Parchment  mutilated. 


8J:6 


Province  Laws.— 1765-66.  [Chap.  28.J 


Proviso. 


Duties  to  be 
paid  upon  all 
liquors  im- 
ported or  manu- 
facture J. 


Liquors  not  to 
be  sold  by  the 
importer,  &c., 
'without  a  per- 
mit. 


Provlbo. 


Proviso. 


the  sum  of  fift}'  pounds,  and  costs  of  prosecution  ;  one  half  of  the  pen- 
al t}'  aforesaid  to  be  to  his  majesty  for  the  use  of  this  province,  the 
other  half  to  him  or  them  that  sliall  inform  and  sue  for  the  same,  and 
shall  be  thenceforward  forever  disabled  from  serving  in  said  office  : 
saving  that  said  collector  may  give  a  permit  to  any  person  to  sell  rum, 
or  otiier  spirits  distilled,  or  wine,  in  quantity  from  tiftcen  gallons  and 
upwards,  agreeable  to  this  act. 

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

[.Sect.  21.]  That  if  an}'  taverner  or  retailer  shall  sell  to  an^'  other 
taverner  or  retailer  any  quantity  whatever  of  distilled  hquors  and  wine, 
such  taverner  or  retailer,  selling  as  aforesaid,  shall  not  V)e  held  to  pay 
such  duty,  l)ut  the  taverner  or  retailer  who  is  the  purchaser  shall  pay 
the  same  ;  and  the  seller  fvs  aforesaid,  shall,  and  hereby  is  required  to, 
deliver  to  the  collector  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  spiritu- 
ous liquors  may  be  increased  and  raised  with  more  equaUty, — 

Be  it  enacted, 

[Sect.  22.]  That  from  and  after  the  twenty-fifth  day  of  March, 
one  thousand  seven  hundred  and  sixty-six,  to  the  twenty-sixth  day  of 
March,  one  thousand  seven  hundred  and  [seventy]  [s/a;^//] -seven,  upon 
all  rum  and  other  distilled  spirits,  and  wines  imported  and  manufac- 
tured, and  sold  for  consumption  within  this  i)i"ovince,  there  be  laid  and 
is  hereby  laid  the  duties  of  excise  following;  vizi^''., — 

For  ever}'  gallon  of  rum  and  spirits  distilled,  fourpence. 

For  every  gallon  of  wine  of  every  sort,  sixpence. 
— To  be  paid  to  the  collector  of  excise,  or  his  deput}-,  by  every  person 
having  permit  to  sell  the  said  liquors  in  each  county,  respectively. 

And  he  it  farther  enacted, 

[Sect.  23.]  That  ever}'  person  that  shall  import  any  of  the  liquors 
[a/ore*] said,  or  to  W'bom  any  of  them  shall  or  may  ))e  consigned,  sliall 
be  and  hcreb}'  is  prohibited  from  selling  the  \_same*'\,  or  any  part 
thereof,  without  having  a  permit  so  to  do  from  the  collector  of  the 
excise,  or  his  deputy.  And  [every*']  person  distilling  or  manufacturing 
an_y  of  the  said  liquors,  and  every  person  owning  or  possessing  any  of 
[them,  e*]xcepting  such  as  are  or  may  be  licenced  b}-  the  court  of  gen- 
eral sessions  of  the  peace,  as  aforesaid,  [shall*']  be  and  hereby  are  [)ro- 
Mbited  from  selling  the  same,  or  any  part  thereof,  without  having  a 
permit  [.s*]o  to  do  from  the  collector  of  excise,  or  his  deputy,  on  for- 
feiture of  twenty-five  pounds  and  of  the  value  of  the  liquors  so  sold. 

Provided,  nevertheless, — 

[Sect.  24.]  That  an}-  person  who  shall  have  any  of  the  liquors 
aforesaid,  in  the  hands  of  any  distiller  or  other  permitted  person,  and 
shall  draw  an  order  for  delivering  the  same  or  any  part  thereof,  not  less 
than  fifteen  gallons,  to  any  person  or  his  order,  the  person  only  who 
shall  be  the  receiver  of  the  same  liquors,  shall  be  obliged  to  take  a  per- 
mit, and  be  held  to  account,  and  pay  the  duties  of  excise  due  thereon. 

Provided,  nevertheless, — 

[Sect.  25.]  That  the  impost  officer  and  his  deput}'  shall  be  and 
hei-eby  are  respectivch'  impowered  to  grant  a  permit  for  selling  the 
liiiuors  aforesaid,  or  any  of  them,  to  any  person  apphing  for  the  same, 
until [1]  a  collector  be  appointed  in  each  county,  respectively,  to  whom 
the  duty  of  excise  shall  be  paid  as  aforesaid,  and  until[l]  the  collector 
shall  give  public [Iv]  notice  of  his  appointment  as  aforesaid.  And  the 
said  impost  officer  and  his  deputy,  shall  transmit,  to  the  collector  of  each 
count}',  an  account  of  the  permits  by  each  of  them,  respectively,  granted 
to  persons  living  in  such  county,  and  shall  give  to  the  collector,  when 

*  Parchment  mutilated. 


[3d  Sess.] 


Pkovince  Laws. — 17G5-66. 


847 


required,  an  account  of  all  the  liquors  imported,  from  time  to  time,  for 
the  better  securing  the  excise. 

And  be  it  further  enacted, 

[Sect.  2G.]  That  ever}"  person  having  permit,  as  aforesaid,  shall, 
at  the  end  of  the  3'ear,  from  the  twenty-fifth  da}*  of  IMarch,  one  thou- 
sand seven  hundred  and  sixty-six,  be  ready  to  render  to  tlie  collector 
aforesaid,  or  his  deputy,  an  account,  on  oath,  of  all  the  liquors  afore- 
said b}'  iiim  or  her,  or  any  person  or  persons  in  his  or  her  behalf,  sold  ; 
and  also  of  all  the  aforesaid  liquors  by  him  or  her  imi)ortcd,  distilled 
or  manufactured,  or  which  have  come  into  his  or  her  possession  since 
the  twenty-tifth  day  of  March  aforesaid,  except  the  same  were  bought 
of  a  licenced  person  in  a  quantity'  less  than  fifteen  gallons,  which  in 
his  or  her  familj'  have  been  consumed  or  expended  within  said  year ; 
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  collect- 
or or  his  deput}'  the  duty  aforesaid,  excepting  for  so  much  as  shall 
have  been  sold  to  taverners,  innholders  or  retailers  having  licence  from 
the  sessions  as  aforesaid,  or  to  an}'  other  persons  having  permit  as 
aforesaid,  and  so  much  as  shall  have  been  exported  out  of  this  prov- 
ince ;  and  if  an}^  of  said  liquors  shall  have  been  sold  to  persons  licenced 
b}'  the  sessions,  or  to  persons  having  permit,  said  account  shall  exhibit 
the  names  of  such  licenced  person  who  purchased,  and  persons  having 
permit,  and  time  when  they  purchased  the  same;  and  the  persons 
accounting  shall  exhibit  a  certificate  under  the  hands  of  the  licenced 
or  permitted  person  purchasing,  whicli  shall  express  the  number  of 
gallons,  and  the  kind  of  the  liquors  purchased,  and  the  time  when  the 
same  was  purchased,  and  the  name  of  the  town  [and]  [or]  county 
wherein  such  licenced  or  permitted  person  lives,  and  shall  lodge  the 
said  certificate  with  the  said  collector,  or  his  deput}' ;  and  for  the  quan- 
tity of  the  said  liquors  mentioned  in  such  certificate,  the  said  collector 
or  his  deputy  shall  not  demand  any  duty,  but  shall  deliver  said  certifi- 
cate to  the  collector  of  the  county  wherein  such  licenced  or  permitted 
person[.s],  signing  the  same,  lives  ;  which  last-mentioned  collector  or  his 
deputy  shall  settle  with  such  licenced  or  permitted  person  for  the  duty 
aforesaid  which  ma}'  be  due  from  him  or  her. 

[Sect.  27.]  And  if  any  person  having  permit  or  licence,  as  aforesaid, 
shall  ship  or  export  any  of  the  liquors  aforesaid  out  of  this  pi'ovince 
in  a  quantity  not  less  than  twenty-five  gallons,  and  shall  produce  to 
such  collector,  or  his  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  [I]  on  board  which  such  liquors  shall  be  shi[)ped 
(or  if  it  shall  be  carried  out  of  the  province  l)y  land,  or  in  small  boats, 
then  of  the  person  who  is  master  of  the  land-carriage  or  boat),  ex- 
pressing the  quantity  thereof  and  the  time  of  their  being  shipped,  and 
shall  lodge  such  receipt  or  bill  of  lading  with  the  collector  or  his  deputy 
as  aforesaid,  and  at  the  same  time  shall  swear  that  such  liquors  are 
bond  fide  sent,  or  intended  to  be  sent,  out  of  the  province,  he  or  she 
shall  not  be  held  to  pay  the  duty  thereon  aforesaid. 

[Sect.  28.]  •  And  if  any  person  not  having  permit  or  licence  shall 
purchase,  for  exportation  out  of  this  province,  any  of  the  liquors  afore- 
said, in  a  quantity  not  less  than  twenty-five  gallons,  of  a  person  having 
permit  or  licence,  the  purchaser  shall,  within  ten  days  after  shippiug 
the  same,  deliver  one  of  the  receipts  or  bills  of  lading  given  for  such 
liquors,  as  aforesaid,  to  the  person  of  whom  he  purchased  the  same  as 
aforesaid,  who  shall  pay  such  duty  to  the  collector  or  his  deputy  ;  but 
if  the  purchaser  aforesaid  shall  deliver  such  receipt  or  bill  of  lading  as 
aforesaid,  and  it  be  lodged  with  the  collector  or  his  deputy,  then,  for  the 
quantity  of  said  liquors  mentioned  therein,  the  collector  or  his  deputy 
shall  not  demand  any  duty. 


Persons  having 
permit  as  afore- 
said ,  to  render 
an  account  to 
the  collector  at 
the  end  of  every 
half-year,  sat- 
ing, ice. 


Persons  havina; 
permit  as  afore- 
said, to  give  an 
account  of 
liquors  by  them 
sent  out  of  the 
province. 


Persons  not 
havini?  permit, 
to  render  an 
account,  &c. 


848 


Peovince  Laws. — 1765-66.        [Chap.  28.] 


Penalty  for  mas- 
ters or  others 
giving  certificate 
without  receiv- 
ing the  liquors. 


Proviso. 


I'ersons  apply- 
ing for  a  permit, 
U)  give  bond. 


Preamble. 


Persons  import- 
ing liquors  for 
private  con- 
BuraptioD,  &c., 
to  render  ac- 
count thereof  to 
the  collector. 


[Sect.  29.]  And  if  the  master  of  any  vessel[l],  or  any  other  person, 
shall  give  such  certificate,  receipt  or  bill  of  lading,  without  receiving  the 
liquors  mentioned  therein,  or  if  any  person  shall  procure  such  certifi- 
cate, receipt  or  bill  of  lading,  with  design  to  defraud  the  government, 
and  shall  be  thereof  convicted,  they  and  each  of  them  shall  forfeit  and 
pay  the  sum  of  one  hundred  pounds,  two  thirds  for  the  use  of  this  gov- 
ernment, and  the  other  third  for  the  use  of  the  prosecutor.  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 
penalt}'  of  one  hundred  pounds. 

Provided^  nevertheless, — 

[Sect.  30.]  That  the  person  having  permit  as  aforesaid  shall  not 
sell  any  of  the  liquors  aforesaid  in  a  quantity  less  than  [_;^*]fteen  gal- 
lons (to  be  sold  and  delivered  to  one  person  at  one  time),  unless  he  or 
she  has  licence  from  [^/i.*]e  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. 

And  he  it  further  enacted, 

[Sect.  31.]  That  every  person  applying  to  the  collector  or  his 
deputy,  or  to  the  impost  officer  or  his  deputy',  for  a  permit,  shall  give 
bond,  for  the  use  of  this  province,  with  or  without  sureties,  in  a  sum  not 
exceeding  two  hundred  pounds  nor  less  than  twenty  pounds,  at  the 
discretion  of  the  collector  or  impost  officer,  conditioned  for  the  pavment 
of  the  excise  that  shall  become  due  according  to  the  account  to  be 
exhibited  bj'  such  person  taking  such  permit ;  and  no  person  shall  have 
such  permit  of  the  collector  or  impost  officer  until  [1]  he  has  given  such 
bond. 

And  luhereas  the  importer  of  the  liquors  aforesaid,  or  the  person  to 
whom  they  shall  be  consigned,  ma}'  intend  the  same  either  for  sale  or 
for  his  or  her  own  private  consumption,  in  which  case  such  importer 
or  consignee  is  not  sufficiently  held  by  any  preceeding  i)art  of  this  act 
to  pay  the  duty  or  excise  aforesaid  ;  wherefore,  in  order  to  lay  said 
duty  or  excise  in  as  equal  a  manner  as  maj'  be, — 

Be  it  enacted, 

[Sect.  32.]  That  every  person  that  shall  bring  or  import  into  this 
province,  either  by  land  or  water  carriage,  any  of  the  liquors  aforesaid, 
either  for  sale  or  private  consumption,  shall,  within  ten  days,  pay  or 
secure  to  the  collector  the  duties  o[f][r]  excise  due  thereon;  and  in 
case  of  failure  herein,  and  being  thereof  convicted  in  an}'  court  of  record 
within  the  same  county,  shall  forfeit  and  pay  a  fine  not  exceeding  one 
hundred  pounds  nor  less  than  ten  pounds,  two  thirds  thereof  for  the  use 
of  this  government,  and  the  other  third  to  him  or  her  that  shall  inform 
and  sue  for  the  same  :  provided,  nevertheless,  such  importer  or  con- 
signee be  licenced  or  permitted,  then  he  shall  be  held  only  to  report  the 
same  to  the  collector  of  excise,  and  at  the  end  of  the  year  shall  make 
out  an  account  expressing  the  kind  and  full  quantity  of  the  liquors 
aforesaid,  imported  or  consigned  as  aforesaid  ;  and  when  the  account 
is  rendered  to  the  collector  or  his  deputy,  it  shall  be  upon  oath,  and 
such  importer  or  consignee  shall  pay  to  the  said  collector  or  his  deput}-, 
on  the  liquor  or  liquors  mentioned  in  said  account,  the  dut}'  of  excise 
aforesaid,  deducting  ten  per  cent  for  ordinary  leakage,  besides  extraor- 
dinary ;  and  in  ease  of  failure  therein,  the  offender  shall  pa}'  a  fine  of 
four  pounds,  and  trel)le  duty  or  excise  on  the  quantity  so  imported  or 
brought  in,  two  thirds  of  which  shall  be  for  the  use  of  the  province, 
the  other  third  for  him  or  them  who  shall  inform  and  sue  for  the  same. 


*  Parchment  mutilated. 


[3d  Sess.] 


Pkovince  Laws. — 1765-66. 


8i9 


And  be  it  further  enacted^ 

[Sect.  33.]     That  the  collector,  or  his  deputy,  shall  be  and  hereb}'  is  Collectors  to 
obliged  to  grant  a  permit,  under  his  hand,  to  every  person  applying  for  oTpeiiaity.™' ' 
the  same  and  offering  securit}',  on  the  penalt}'  of  two  hundred  pounds, 
to  and  for  the  use  of  the  person  making  application  ;  which  pej-mit  shall 


be  in  the  form  followino- ;  viz 


[t] 


You,  A.  B.,  of  C,  in  the  county  of  D.,  are  hereby  permitted  to  sell  rum    Form  of  the 
and  other  distilled  spirits,  and  wine,  or  any  of  said  liquors,  within  the  county   permit. 
of  ,  untill  the  day  of  ,  one  thousand  seven 

hundred  and  ,  pursuant  to  an  act  of  this  province,  made  in  the 

sixth  year  of  his  majesty's  reign,  intit[z<]led  "An  Act  for  granting  unto  his 
majesty  an  excise  upon  spirits  distilled,  and  wine,  and  upon  limes,  lenimous 
and  oranges."     Dated  at  C.,  the  day  of  ,  17G  . 

A.  B.,  Collector  {or  deputjj-collector')  of  excise  for  the  county  aforesaid. 


And  for  such  permit  the  said  collector  or  deputy  shall  be  [i][e]nti- 
t[?f]led  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. 

And  he  it  further  enacted^ 

[Sect.  34.]  That  the  collector  of  excise,  either  by  himself  or  his 
deputy,  shall  keep  an  office  in  each  seaport  town  within  his  count}-, 
wher[e*]  he  or  his  deputy  shall  give  his  attendance  on  every  Thursday, 
from  nine  of  the  clock  in  the  morning  to  twelve  at  noon,  to  grant  per- 
mits, to  receive  entries,  give  certificates,  and  perform  the  ordinary  duties 
of  his  office. 

Provided., — 

[Sect.  35.]  That  in  the  town  of  Boston  such  an  office  shall  be  kept 
and  attendance  given  on  every  da}',  Lord's  Day  onlj^  excepted,  within 
the  hours  aforesaid  of  each  of  said  daj-s  respectively. 

Provided.,  also. — 

[Sect.  3G.]  That  the  said  collector,  or  his  deput}',  on  application 
made,  shall  at  any  other  time  grant  permits,  receive  entries  and  give 
certificates  aforesaid. 

And  whereas  persons  not  belonging  to  this  province  may  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  collector,  and  b}-  that  means 
may  avoid  paying  the  duty  upon  what  has  been  so  disposed  of;  for 
preventing  whereof, — ■ 

Be  it  enacted, 

[Sect.  37.]  That  every  person  importing  the  liquors  afores[a?'d*], 
and  appl3'ing  to  the  collector  or  his  deputy  for  a  permit  to  sell  the  same, 
shall  give  bond  to  said  collector  in  a  sum  not  exceeding  two  hundred 
pounds  nor  less  than  twenty  pounds,  with  one  surety  to  be  approved  of 
by  a  justice  of  the  peace,  that  he  will  render  to  the  said  collector  or  his 
deputy  an  account,  on  oath,  of  the  kind  and  full  quantity  of  the  liquors 
aforesaid  sold  by  him,  or  b}'  any  person  or  persons  on  his  behalf,  and 
that  he  will  pa}'  thereon  the  duty  or  excise  aforesaid  before  he  leaves 
the  province;  and  if  such  person  shall  refuse  to  give  such  bond,  the 
said  collector  or  his  deputy  shall  not  be  obliged  to  grant  him  a  permit, 
anything  in  this  act  to  the  contrary  notwithstanding  ;  and  if  such  person 
shall  sell  any  of  the  liquors  aforesaid  without  permit,  he  shall  be  sub- 
ject 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  collector  may 
bring  his  action  on  such  bond  against  the  surety,  for  the  recovery  of  the 
sum  in  such  bond  mentioned,  which  shall  be,  one-third  for  the  use  of 
the  prosecutor,  the  other  two-thirds  for  the  use  of  this  government. 

*  Parchment  mutilated. 


Foe  for  a  per- 
mit. 


Collector  to 
keep  an  office  in 
each  seaport 
town,  &c. 


Preamble. 


Persons  import- 
ing liquors  as 
aforesaid,  to 
give  bond. 


850 


PiioviNCE  Laws. — 1765-60.  [Chap.  29.J 


Deputy  collec- 
tors liable  to 
military  duties. 


All  persons 
•who  had  per- 
mits or  license 
to  sell  liquors, 
and  shall  not 
renew  the  same, 
to  account  for 
the  duties. 


Collectors  of  the 
duties  of  excise 
to  account  for 
all  wine,  &c., 
sold  or  con- 
sumed by  them. 


How  fines,  &c., 
arising  by  this 
act,  are  to  be 
disposed  of. 


Be  it  further  enacted^ 

[Sect.  38.]  That  no  person  shall  be  exempted  \_from  a*]ny  mili- 
tary duty  by  means  or  on  account  of  his  being  appointed  a  deputy-col- 
lector of  the  duties  or  [ex'c;'*]se  of  spirituous  liquors,  but  shall  be 
liable,  to  all  intents  and  purposes,  to  train,  and  perform  every  other 
military  duty,  as  if  such  person  had  not  been  appointed  a  deputy -col- 
lector as  aforesaid. 

Be  it  further  enacted, 

[Sect.  39.]  That  all  persons  who  took  out  permits  in  the  preceeding 
years,  and  do  not  renew  the  same,  shall,  at  the  end  of  the  year  from 
and  after  the  twenty-fifth  day  of  March  next,  and  until  [I]  the  twenty- 
sixth  day  of  March,  one  thousand  seven  hundred  and  sixty-seven, 
render  to  the  collector  or  his  deputy  that  shall  or  may  be  appointed  in 
the  respective  counties  by  v[i][e]rtue  of  this  act,  an  account,  on  oath, 
of  all  the  liquoi-s  remaining  in  their  hands  and  consumed  in  his,  her  or 
their  families  during  the  continuance  of  this  act,  and  pay  the  duties 
herein  imposed,  deducting  ten  per  cent  for  ordinary  leakage,  besides 
extraordinary  leakage,  upon  penalty  of  twenty  pounds,  one  half  to  the 
informer,  [and]  the  other  half  to  and  for  the  use  of  this  province. 

Be  it  further  enacted^ 

[Sect.  40.]  That  every  person  that  ma}-  be  appointed  collector  of 
the  duties  aforesaid,  who  shall  import  into  this  province,  or  shall  have 
[or]  receive[d],  by  consignment  or  otherwise,  or  shall  sell  or  dispose 
of  any  wine,  rum  or  spirits  distilled,  limes,  lem[m]ons  or  oranges,  or 
shall  use  or  consume  the  same,  such  collector  shall  take,  keep  and 
render  a  like  account  thereof,  upon  oath,  to  theproviuce  treasurer  (who 
is  hereby  impowered  to  administer  the  same  in  the  form  by  this  act 
prescribed) ,  and  pay  to  him  the  like  duties  thereon  as  such  person  so 
appointed  collector  would  otherwise  have  been  held  and  obliged  to 
have  taken,  kept,  rendered  and  paid  to  the  collector  of  the  duties  afore- 
said ;  and  that  the  same  be  done  in  like  manner  and  time,  and  under 
the  like  pains  and  penalties,  as  by  this  act  in  such  cases  is  provided. 

Be  it  further  enacted^ 

[Sect.  41.]  That  all  fines,  penalties  and  forfeitures  arising  or  ac- 
cruing by  any  breach  of  this  act,  and  not  otherwise  appropriated,  shall 
be  two  thirds  to  his  majesty,  for  the  use  of  this  government,  and  the 
other  third  for  the  use  of  the  prosecutor,  to  be  recovered  by  action  or 
information  in  any  of  his  majesty's  courts  of  record.  {^Passed  February 
21,1766. 


CHAPTER    2  9. 

[AN  ACT  FOR*]  GRANTING   UNTO   HIS  MAJESTY  SEVERAL  RATES  AND 
DUTIES  OF  IMPOST  AND  TUNNAGE  OF  SHIPPING. 


Preamble.  We,  liis  majesty's  most  dutiful  and  loyal  subjects,  the  representatives 

of  the  province  of  the  Massachusetts  Bay,  in  New  England,  being 
desirous  of  lessening  the  publick  debts,  have  chearfuUy  and  unani- 
mously 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,  wares,  goods  and  mer- 
chandize that  shall  l>e  imported  into  this  province,  and  tunnage  of  ship- 
ping 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-fourth  day  of  March, 

*  Parchment  mutilated. 


[3d  Sess.] 


PROVINCE  Laws. — 1765-66. 


851 


one  thousand  seven  linndred  and  sixt^'-six,  to  the  twenty-fifth  day  of 
March,  one  thousand  seven  hundred  and  sixty-seven,  there  shall  be 
paid  b}'  the  importers  of  all  wines,  rum  and  other  liquors,  goods,  wares 
and  merchandize  that  shall  be  imported  into  this  province  by  any  of 
the  inhabitants  thereof  (except  what  is  b}'  this  act  hereafter  exempted) , 
the  several  duties  of  impost  following  ;  viz^^*^. , 

For  every  pipe  of  wine  of  every  sort,  five  shillings. 

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

For  ever}-  hogshead  of  sugar,  fourpence. 

For  ever}-  hogshead  of  molasses,  fourpence. 

For  every  hogshead  of  tobacco,  ten  shillings. 

For  ever}'  pound   of  tea   that   shall   be   imported   from  any  of  his 
majesty's  plantations  in  America,  fourpence. 
— And  so,  proportionably,  for  a  greater  or  less  quantity-. 

And  for  all  other  commodities,  goods  or  merchandize  not  mentioned 
or  not  excepted,  fourpence  for  ever}-  twenty  shillings'  value,  excepting 
such  goods  as  are  imported  from  Great  Britain. 

[Sect.  2.]  And  for  any  of  the  above-mentioned  liquors,  goods, 
wares  and  merchandize  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  NVest-India  Islands,  in  any  ship  or  vessel  to  them  be- 
longing, on  the  proper  account  of  any  of  the  said  inhabitants  of  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  excepted),  and  all  provisions,  salt,  cotton-wool,  bar  and  pig- 
iron,  mahog[a][o]ny,  brazillet[^]o,  black-walnut,  lignum- vit[ee]  [ob], 
red-cedar,  logwood,  hemp,  raw  skins  and  hides,  and  also  all  prize 
goods  brought  into  and  condemned  in  this  province,  are  and  shall  be 
exem[)ted  from  every  the  rates  and  duties  aforesaid. 

A7id  be  it  farther  enacted, 

[Sect.  3.]  That  the  master  of  every  ship  or  vessel  coming  into  this 
province  from  any  other  place,  shall,  within  forty-eight  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 
of  impost  that  is  or  shall  be  appointed  by  this  province,  of  the  contents 
or  loading  of  such  ship  or  vessel,  therein  particularly  expressing  the 
species,  kind  and  quantities  of  all  wines,  Hqnors,  goods,  wares  and  mer- 
chandize imported  in  any  such  ship  or  vessel,  with  the  marks  and  num- 
bers 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 
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  shall  forthwith  make  report 
thereof  to  the  commissioner  aforesaid,  and  cause  the  same  to  be  added 
to  his  manifest. 

And  he  it  further  enacted, 

[Sect.  4.]  That  if  the  master  of  any  ship  or  vessel  shall  break  bulk, 
or  suffer  any  of  the  wines,  liquors,  goods,  wares  and  merchandize  im- 
ported in  such  ship  or  vessel  to  be  unladen  before  report  and  entry 
thereof  be  made  as  aforesaid,  he  shall  forfeit  the  sum  of  one  hundred 
pounds. 

And  he  it  further  enacted, 

[Sect.  5.]  That  all  merchants  and  other  persons,  being  owners  of 
any  wines,  liquors,  goods,  wares  or  merchandize  imported  into   this 

*  Parcliment  mutilated. 


Rates  of  impost. 


Double  impost 
to  be  paid  for 
goods  imported 
by  the  inhab- 
itants of  other 
colonics,  &c. 


Proviso. 


Masters  of  vea- 
sels  to  make 
report. 


To  forfeit,  in 
case  of  breaking 
bulk. 


Invoice  to  be 
produced. 


852 


PitoviNCE  Laws, — 17G5-G6. 


[Chap.  29.] 


province,  for  which  an}'  of  the  rates  or  duties  aforesaid  are  payable,  or 
having  tlie  same  consigned  to  them,  shall  make  entry  thereof  with  [^the 
co7nmission*^er  aforesaid,  and  produce  an  invoice  of  all  such  goods  as 
pa}'  ad  valorem,  and  make  oath  [^before  him  in*^  the  form  following ; 


7[t] 


Oatb. 


Duties  to  be 
paid  before 
landing. 


Commissioner 
allowed  to  give 
credit. 


Importer  by 
landcarriage  or 
in  small  vessels, 
to  make  report. 


Allowance  for 
leakage. 


[F*]ou,  A.  B.,  do  swear  that  the  entry  of  goods  and  merchandize  by  you 
now  made,  and  the  vahie  lthereu*]l  annexed,  is,  bond  fide,  according  to  your 
b^st  skill  and  judgment,  agTe[e]al)le  to  the  price  current  or  [/A*]e  market 
price  of  said  goods.     So  help  you  God. 

— which  oath  the  commissioner  or  receiver,  appointed  in  consequence 
of  this  act,  is  hereby  [e]  [t]mpowered  and  directetl  to  administer;  and 
the  owners  aforesaid  shall  pay  the  said  commissioner,  or  give  security 
to  pa}',  the  duty  of  impost  I)}'  this  act  required,  before  such  wines, 
liquors,  goods,  wares  or  merchandize  be  landed  or  taken  out  of  the  ves- 
sel in  which  the  same  shall  be  imported. 

[Sect.  6.]  And  no  wines,  liquors,  goods,  wares  or  merchandize 
that  by  this  act  are  liable  to  pay  impost  or  duty,  shall  be  landed  on  any 
wharf,  or  in  any  warehouse  or  other  place,  but  in  the  daytime  only,  and 
that  after  sunrise  and  before  sunset,  nnless  in  the  presence  or  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.  7.]  And  if  any  person  or  persons  shall  not  have  and  pro- 
duce an  invoice  of  the  quantities  of  rum  or  other  liquors  to  him  or  them 
consigned,  then  the  cask[s]  wherein  the  same  are,  shall  be  gauged,  at 
the  charge  of  the  importer,  that  the  contents  thereof  may  be  known. 

Provided,  nevertheless, — 

[Sect.  8.]  That  the  said  commissioner  shall  be  and  hereby  is  al- 
lowed 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 
limited  as  that  he  shall  settle  and  balhmce  his  accompts  with  every  per- 
son, on  or  before  the  twenty-fifth  day  of  March,  one  thousand  seven 
hundred  and  sixty-seven,  that  the  said  accompts  may  be  produced  to 
this  court  as  soon  as  maybe  after;  and  for  all  ent[e]ries  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  he  it  farther  enacted, 

[Sect.  9.]  That  the  importer  of  all  wines,  liquors,  goods,  wares  and 
merchandize,  from  and  after  the  twenty-fourth  day  of  March,  one  thou- 
sand seven  hundred  and  sixty-six,  and  until  the  twenty-fifth  day  of 
March,  one  thousand  seven  hundred  and  sixt}'-seven,  by  land-carriage 
or  in  small  vessels  or  boats,  shall,  within  twenty-four  hours  after  impor- 
tation, make  rei)ort  and  deliver  a  manifest  thereof  to  the  commissioner 
aforesaid  or  his  deputy,  therein  particularl}-  expressing  the  species, 
kind  and  quantity  of  all  such  wines,  liquors,  goods,  wares  and  merchan- 
dize 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  charged 
and  chargeable  upon  such  wines,  liquors,  goods,  wares  and  merchan- 
dize, before  the  same  are  landed,  housed,  or  put  into  any  store  or  place 
whatsoever,  nnder  penalty  of  ten  pounds. 

And  he  it  further  enacted, 

[Sect.  10.]     That  every  merchant  or  other  person    importing  any 

*  Parchment  mutilated. 


[3d  Sess.] 


PROvrNCE  Laws. — 1T65-G6. 


853 


wines  into  this  province,  shall  be  allowed  twelve  per  cent  for  ordinar}^ 
leakage,  besides  extraordinary  :  provided  such  wines  shall  not  have  been 
filled  up  on  board  ;  and  that  every  hogshead,  butt  or  pipe  of  wine  that 
ha[s][^/i]  two-thirds  thereof  leaked  out,  sliall  be  accounted  for  outs, 
and  the  merchant  or  importer  shall  i^aj^  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  that  port,  on  pain  of  forfeiting  the  sura  of  one  hundred 
pounds. 

[Sect.  11.]  And  if  it  may  be  made  to  appear  that  any  wines  im- 
ported in  anj'  ship  or  vessel  be  decayed  at  the  time  of  unloading  there- 
of, or  in  twenty  clays  afterwards,  oath  being  made  before  the  commis- 
sioner or  receiver  that  the  same  has  not  been  landed  above  that  time, 
the  duties  and  impost  paid  for  such  wines  shall  be  repaid  unto  the  im- 
porter thereof. 

And  be  it  further  enacted, 

[Sect.  12.]  That  the  master  of  every  ship  or  vessel  importing  any 
liquors,  wines,  goods,  wares  or  merchandize,  shall  be  liable  to  pay  the 
impost  for  such  and  so  much  thereof,  contained  in  his  manifest,  as  shall 
not  be  dulj-  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]  [o7'']  may  be  lawful,  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  mer- 
chandize, imported  in  anj'  ship  or  vessel,  until  he  receives  a  certificate, 
from  the  commissioner  or  receiver  of  impost,  that  the  duty  for  the  same 
is  paid,  and  until  he  be  repaid  his  necessary  charges  in  securing  the 
same ;  or  such  master  maj*  deliver  such  wines,  liquors,  goods,  wares 
and  merchandize  as  are  not  entered,  unto  the  commissioner  or  receiver 
of  impost  in  such  port,  or  his  order,  who  is  hereby  [e][t]mpowered 
and  directed  to  receive  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  merchandize 
as  such  master  shall  direct. 

\^And  be*']  it  further  enacted, 

[Sect.  13.]  That  the  commissioner  or  receiver  of  impost,  in  each 
\^port,  shall  be  awcZ*][is]  hereby  [ts]  [e][i]mpowered  to  sue  the  master 
of  any  ship  or  vessel  for  the  impost  or  duty  of  so  [^much  of  the  ladi*]ug 
of  any  wines,  liquors,  goods,  wares  or  merchandize  imported  therein 
according  to  the  [^tnanifest  to  be*]  by  him  given  upon  oath,  aforesaid, 
as  shall  remain  not  entered,  and  the  duty  of  impost  therefor  [wo<  jp*]aid, 
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  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  b}'  this 
act  required  to  be  performed  by  him,  shall  be  liable  to  answer  and  make 
good  the  sum  or  sums  forfeited  b}''  such  master,  according  to  this  act, 
for  any  such  default,  as  also  to  make  good  the  impost  or  dut}'  for  all 
wines,  liquors,  goods,  wares  and  merchandize  not  entered  as  aforesaid, 

*  Parchment  mutilated. 


Master  aHowed 
to  det.ain  goods 
not  entered  or 
the  duty  not 
paid. 


Master  liable  to 
be  sued. 


Ship,  &c.,  liable 
to  be  taken  in 
execution. 


854 


Peovince  Laws. — 1765-66.         [Chap.  29.] 


Naval  officer 
not  to  clear 
vessels  till  im- 
post be  paid. 


Bills  of  store  to 
be  allowed. 


Preamble. 


Commissioner 
to  appoint  dep- 
uties in  places 
where  wines, 
rum,  &c.,  may 
be  brought  out 
of  other  govern- 
ments. 


Commissioner 
or  deputy  em- 
powered to  ad- 
minister the 
oaths,  and  to 
search  and 
seize. 


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  sufficient  to  satisfy  the 
said  judgment,  may  be  taken  by  execution  for  the  same  ;  and  the  com- 
missioner or  receiver  of  the  impost  is  hereby  [e][tjmpowered  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  an}'  of  the  said  forfeitures  or  for  the  dut}'  aforesaid  ;  to  the  intent, 
that  if  judgment  be  rendered  for  the  prosecutor  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  to  the  commissioner  or  receiver  of 
impost  that  seized  the  same,  to  respond  or  satisfy  the  sum  or  value 
of  the  forfeitures  and  duties,  with  the  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  the 
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  witliin  an}'  of  the  ports  of  this 
province  shall  not  clear  or  give  passes  to  any  master  of  any  ship  or  ves- 
sel, outward  bound,  until  he  shall  be  certified,  by  the  commissioner  or 
receiver  of  impost,  that  the  dut}-  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  impost  is  hereby 
[e][t]mpowered  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  pa3'able  b}'  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,  b}'  land,  or  in  small  boats  or  vessels,  or  any  other  waj-, 
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.  17.]  That  the  commissioner  and  receiver  of  the  aforesaid 
duties  of  impost  shall,  and  he  is  hereby  [e][i]m powered  and  enjoined 
to,  appoint  one  or  more  suitable  person  or  persons  as  his  deputy  or  dep- 
uties, 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  there- 
for since  their  being  brought  into  or  relanded  in  this  government ;  and 
such  officer  or  officers  are  [e][i]mpowered  also  to  search,  in  all  sus- 
pected places,  for  such  wines,  rum  or  other  distilled  spirits,  or  for  tea, 
brought  or  relanded  in  this  government,  where  the  duty  is  not  paid  as 
aforesaid,  and  to  seize  or  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  deputies  shall  have  power 
to  administer  the  several  oaths  aforesaid,  and  search  in  all  suspected 
places  for  all  such  wines,  rum,  liquors,  tea,  goods,  wares  and  merchan- 
dize 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  here- 
inafter mentioned. 


[3d  Sess.] 


Pnovrs^CE  Laws. — 1765-66. 


855 


[^Ind*]  he  it  further  enacted. 

[Sect.  19.]  That  there  shall  be  paid,  by  the  master  of  every  ship 
or  other  vessel,  [coming  into*'\  anj-  port  or  ports  of  this  province,  to 
trade  or  traffic  [A'],  whereof  all  the  owners  are  not  belonging  to  this 
province  [(€a;*jcepting  such  vessels  as  belong  to  Great  Britain,  the 
provinces  or  colonies  of  Pennsylvania,  West  and  East  Jersey,  Con- 
necticut, New  York,  New  Hampshire,  Rhode  Island  and  Nova  Scotia) , 
CA'cry  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  an}'  of  the  gov- 
ernments aforesaid,  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  [e][/]mpowered 
to  appoint  a  meet  and  suitable  person,  to  repair  unto  and  on  board  any 
ship  or  vessel,  to  take  the  exact  measure  and  tuunage  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  hy  the  owner  or  master  of  such  ship  or  vessel,  before  she  shall  be 
cleared,  in  case  she  shall  appear  to  be  of  greater  burthen  :  otherwise, 
to  be  paid  bj-  the  commissioner  out  of  the  money  received  b}'  him  for 
impost,  and  shall  be  allowed  him,  accordingly,  b}'  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  pa3'able 
according  to  this  act. 

And  he  it  further  enacted,, 

[Sect.  21.]  That  when  and  so  often  as  any  wine,  rum  or  tea  im- 
ported into  this  province,  the  aforesaid  duty  of  impost  upon  which  shall 
have  been  paid  agre[e]able  to  this  act,  shall  be  reshipped  and  exported 
from  this  government  to  an}'  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  the  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  dut}'  of  impost  aforesaid  paid  on  the  same,  and  shall  after- 
[t wards  produce  a  certificate,  from  some  officer  of  the  customs,  that 
the  same  has  been  landed  out  of  this  government,  or  the  master  of  the 
vessel  in  which  the  same  shall  be  exported  shall  make  oath,  before  the 
commissioner  or  his  deput}',  that  the  same  has  been  landed  and  left  in 
some  port  out  of  the  government,  and  the  exporter,  upon  producing 
such  certificate,  or  upon  such  oath  of  the  master,  make  oath  that  he 
verily  believes  no  part  of  said  wines,  rum  or  tea  hath  been  relanded  in 
this  province, — such  exporter  shall  be  allowed  a  drawback  from  the 
receiver  of  impost  as  follows  ;  viz., — : 

For  every  pipe  of  wine,  four  shillings. 

For  every  hogshead  of  rum,  fifteen  shillings. 

And  for  every  pound  of  tea,  fourpence. 

Provided,,  always, — 

[Sect.  22.]  That  if,  after  the  shipping  of  such  wines  or  rum  or  tea, 
to  be  exported  as  aforesaid,  and  giving  security  as  aforesaid,  in  order 
to  obtain  the  drawback  aforesaid,  the  wines  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  an}^  other  province  or  colony,  that  then  all 
such  wine,  rum  and  tea  so  relanded  and  brought  again  into  this  prov- 
ince, shall  be  forfeited,  and  ma}'  be  seized  by  the  commissioner  afore- 
said, or  his  deput}'. 

*  Parchment  mutilated. 

t  The  words,  in  brackets,  between  the  daggers,  have  been  cut  from  the  parchment- 


Tonnage  of 
shipping. 


Vessels  to  bo 
measured,  if 
suspected. 


Drawback  for 
■wine,  rum,  and 
tea  allowedi  in 
case. 


Proviso. 


856 


Province  Laws. — 1765-66. 


[Chap.  29.] 


Appointment 
and  duty  of  the 
commissioner. 


Disposition  of 
forfeitures. 


Charges  of  pros- 
ecution, how  to 
be  paid,  in  case. 


And  he  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  afore- 
said duties  of  impost  and  tunnage  of  shipping,  and  for  the  inspection, 
care  and  management  of  the  said  office,  and  whatever  relates  thereunto, 
to  receive  commission  from  the  governor  or  commander-in-chief  for  the 
time  being,  witli  authority  to  substitute  and  appoint  a  deput3'-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  col- 
lect 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  commissioner  and  receiver :  which 
said  commissioner  and  receiver  shall  keep  fair  books  of  all  entries  and 
duties  arising  b}'  virtue  of  this  act ;  also,  a  particular  account  of  eveiy 
A^essel,  so  that  the  duties  of  impost  and  tunnage  arising  on  said  vessel 
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  ht]ands,  as  the  treasurer  or  receiver-gen- 
eral shall  demand  it.  And  the  said  com[m?'ssio?i*]er  or  receiver  and 
his  deputy  or  deputies,  before  their  entering  upon  the  execution  {of*'] 
their  said  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  or  receiver,  for  his  labour, 
care  and  expences  in  the  said  office,  shall  have  and  receive,  out  of  the 
province  treasur^^  at  the  rate  of  sixty  pounds  per  annum  ;  and  his 
deput}'  or  deputies  shall  receive  for  their  service  such  sums  as  the  com- 
missioner of  impost,  together  with  the  province  treasurer,  shall  judge 
necessary,  for  whatever  sums  they  shall  receive  and  pa3' ;  and  the  treas- 
urer is  hereby  ordered,  in  passing  and  receiving  the  said  commissioner's 
accounts,  accordingl}',  to  allow  the  pa3-ment[s]  of  such  salarj'  or  sala- 
ries as  aforesaid,  to  himself  and  his  deputies. 

And  he  it  further  enacted, 

[Sect.  25.]  That  all  penalties,  fines  and  forfeitures  accruing  or 
arising  in  consequence  of  any  breach  of  this  act,  shall  be  one  half  to 
his  majest}'  for  the  use  of  this  province,  and  the  other  half  to  him  or 
them  that  shall  seize,  inform  and  sue  for  the  same,  b}'  action  or  infor- 
mation, 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  he  it  further  enacted, 

[Sect.  26.]  That  from  and  after  the  commencement  of  this  act,  in 
all  causes  wherein  any  claimant  shall  appear,  and  shall  not  make  good 
the  claim,  the  charges  of  prosecution  shall  be  borne  and  paid  by  the 
said  claimer,  and  not  by  the  informer.      \_Passed  Fehruary  21,  1766. 

t  The  words,  in  brackets,  between  the  daggers  have  been  cut  from  the  parchment. 
*  Parchment  mutilated. 


[3d  Sess.J 


Province  Laws. — 1765-6G. 


857 


CHAPTER    30. 


[AN*]  ACT  FOR  AMENDING  OF  AN  ACT  MADE  IN  THE  FIFTH  YEAR 
OF  HIS  PRESENT  MAJESTY'S  REIGN,  INTITULED  "AN  ACT  TO  [PBE- 
VENT  THE  DESTRUCTION  0*]F  SALMON  AND  OTHER  FISH,  IN  MER- 
RIMACK RIVER,  WITHIN   THIS   PROVINCE." 

"Whereas,  in  and  b}^  an  act  intitlecl  "An  Act  to  prevent  the  destruc- 
tion of  salmon  and  other  fish  [i*]n  Merrimack  River,  within  this  prov- 
ince," which  act  was  to  talve  place  from  and  after  the  fifteenth  da}'  of 
March,  1765,  it  is,  among  other  things,  enacted  "That  no  person  or 
persons,  from  and  after  the  said  fifteenth  da}-  of  March,  shall,  at  any 
time  during  the  continuance  of  this  act,  catch  any  salmon,  shad  or  ale- 
wives,  with  seines,  netts  or  potts,  at  the  mouth  or  entrance  of  any  such 
river  or  stream,  or  within  one  hundred  rods  of  the  same,  nor  in  any  of 
the  ponds  aforesaid,  nor  in  any  of  the  brooks  or  riv[u]lets  that  run  into 
the  said  ponds,  on  pain  of  forfeiting,  for  each  offence,  the  sum  of  three 
pounds  "  ;  which  distance  of  one  hundred  rods  is  found,  by  experience, 
to  be  very  prejudicial  to  the  inhabitants  dwelling  near  Merrimack 
River,  and  does  not  tend  to  the  preservation  and  increase  of  said  fish ; 
therefore, — 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Bepresenta- 
tives, 

[Sect.  1.]  That  the  prohibition  to  take  fish,  within  one  hundred 
rods  in  said  act  mentioned,  shaU.  hereafter  extend  onl}-  to  the  fishing 
within  twenty  rods;  and  that  by  "  the  rivers  and  streams  "  run[ri]ing 
"  into  Merrimack  River,"  Concord  River  excepted,  shall  be  construed 
and  understood  only  such  as  issue  out  of  ponds  where  the  fish  usually 
go  to  cast  their  spawns. 

And  whereas  no  person  or  persons  whatsoever,  are,  by  the  said  act, 
allowed  to  catch  such  fish  "  in  any  part  of  Merrimack  River  within  this 
province,  or  in  any  of  the  rivers  and  streams  run[n]ing  into  Merrimack 
River,  oftner  than  [i*]hree  days  in  the  week,  the  days  to  be  Tuesday, 
"Wednesday  and  Thursday,  every  week," — 

Be  it  further  enacted^ 

[Sect.  2.]  That  the  time  to  begin  the  fishery  shall  commence  at 
sunset,  [on  Jfon*]day  evening,  and  end  at  sunset,  on  Thursday  even- 
ing, every  week. 

[Sect.  3.]  This  act  to  continue  and  be  in  force  for  the  space  of 
two  years  from  the  publication  of  the  act  aforesaid,  and  no  longer. 
\_Passed  February  21,  17G6. 


Preamble. 
1764-65,  chap. 
24,  §  3. 


Places  and  dis- 
tance for  fishing, 
described. 


Preamble. 


Time  for  fishing, 
described. 


Continuation. 


CHAPTER    31. 


AN  ACT  FOR  DIVIDING  THE  DISTRICT  OF  SOUTH  BRIMFIELD,  IN  THE 
COUNTY  OF  HAMPSHIRE,  INTO  TWO  SEPARATE  PARISHES. 

Whereas  the  dividing  the  district  of  South  Brimfield,  in  the  county  Preamble, 
of  [iZamps7ii>*]e,  into  two  parishes,  would  serve  very  much  to  remove 
many  difficulties  and  inconveniences  which  the  inhabi[^an^*]s  of  the 
said  district  at  present  labour  under, — 

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

[Sect.  1.]     That  the  district  of  South  Brimfield  aforesaid  be  divided 
into  two  separate  parishes,  in  manner  following;  viz^'^,  the  dividing 


Bounds  of  west 
and  east  parish 
in  South  Brim- 
field. 


*  Parchment  mutilated. 


858 


Province  Laws.— 1765-66.  [Chap.  32.] 


West  parish 
exempted  from 
payin?  towards 
building  the 
meeting-house 
in  east  parish. 


Annual  meet- 
ings to  be  held 
alternately. 


First  meeting  of 
each  parish, 
how  notified. 


line  shall  be  made  b3'  the  road  called  the  South  Meadow  road,  begin- 
[w]ing  at  the  colony  line  where  said  road  crosses  the  said  line,  and  to 
extend  northward,  in  said  road,  to  the  north  line  of  said  district,  or  to 
Brimfield  south  line  (including  and  taking  into  the  west  division,  Joseph 
Blodget  and  Joseph  Blodget,  jun'r,  and  their  home  lots,  they  living 
on  the  east  side  of  said  road)  ;  and  that  the  lands  Ijing  in  the  said  dis- 
trict of  South  Brimfield,  westward  of  the  above  dividing  line,  be  and 
hereby  are  made  a  parish,  by  the  name  of  the  west  parish,  in  the  dis- 
trict of  South  Brimfield  aforesaid  ;  and  that  the  inhabitants  westward 
of  the  said  dividing  line  above  described  be  and  hereby  are  invested 
with  all  the  powers  and  privile[d]ges,  and  subjected  to  all  the  duties, 
that  parishes  in  this  i)rovince,  by  law,  are  invested  witii  and  subjected 
to ;  and  that  the  lands  lying  in  said  district  of  South  Brimfield,  east- 
ward of  the  above  dividing  line,  be  and  hereby  are  made  a  separate 
parish,  bj'  the  name  of  the  east  parish,  in  the  district  of  South  Brim- 
field ;  and  that  the  inhabitants  of  the  said  lands,  eastward  of  the  said 
dividing  line  above  described,  be  and  hercb}'^  are  invested  with  all  the 
powers  and  privile[d]ges,  and  subjected  to  all  the  duties,  that  parishes 
in  this  province,  by  law,  are  invested  with  and  subjected  to. 

And  be  it  farther  enacted., 

[Sect.  2.]  That  all  the  inhabitants  of  the  lands  which,  by  this 
act,  are  made  the  west  parish,  be  and  hereby  are,  and  shall  forever 
hereafter  be,  exempted  from  paying  or^ontri[^buting*^  an3-  part  toward 
the  charges  that  have  already  arisen,  or  may  hereafter  arise,  by  reason 
of  the  building  the  new  [weefingf*]-house,  which  has  lately  been 
erected  on  the  lands,  by  this  act,  made  the  east  parish,  in  said  district, 
and  from  the  [^charge  o/*]  settling  and  supporting  the  ministiy  in  the 
said  east  parish. 

And  be  it  further  enacted., 

[Sect.  3.]  That  the  annual  March  meetings,  to  be  [field  m*]  said 
district,  for  the  future,  shall  be  alternately  held  in  the  said  east  and 
west  parishes. 

And  be  it  further  enacted., 

[Sect.  4.]  That  Daniel  Burt,  Esq"^"^^.,  be  and  hereby  is  [imp*]owered 
to  issue  warrants,  directed  to  some  principal  inhabitant  of  each  parish, 
requiring  them  to  warn  the  inhabitants  [of  s*]aid  parishes,  qualified  to 
vote  in  parish  aS"airs,  to  meet  at  such  time  and  place  as  shall  be  therein 
set  forth,  to  choose  all  [s*]uch  officers  as  shall  be  necessary  to  manage 
the  afi'airs  of  said  parishes.     [Passed  February  21,  1766. 


CHAPTER   32. 

AN  ACT  FOR  FURTHER  LIMITING  THE  OPERATION  OF  AN  ACT  MADE 
IN  THE  SECOND  YEAR  OF  HIS  PRESENT  [MAJEST*]Y'S  REIGN, 
INTIT[U]LED  "AN  ACT  FOR  GRANTING  SEVERAL  BOUNTIES  UPON 
WHEAT  AND  FLOUR." 


Preamble. 
1761-62,  chap. 


Whereas  the  act  intit[u]led  "  An  Act  for  granting  several  bounties 
upon  wheat  and  flour,"  made  and  passed  in  the  second  year  of  his 
present  majesty's  reign,  was,  in  the  enacting  thereof,  declared  to  be  in 
force  for  the  term  of  five  years,  from  the  first  day  of  Jul}^  one  thou- 
sand seven  hundred  and  sixt^^-three  ;  but  inasmuch  as  the  said  act  hath 
been,  by  experience,  found  to  be  unequal,  and  not  to  have  answered 
the  good  intent  thereof, — 


*  Parcbment  mutilated. 


[3d  Sess.]  Peovince  Laws.— 1765-66.  859 

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

That  the  act  aforesaid  shall  continue  and  remain  in  force  for  the  Continuance  of 
term  of  four  j-ears,  onh',  from  the  said  first  day  of  Jul}-,  one  thousand  umued."^'  ^^ 
seven  hundred  and  sixt3'-three,  and  no  longer,  and  that  evcr^'  clause 
and  paragraph  thereof  shall  then  expire  and  cease  ;  and  that  no  bounty 
shall  be  paid,  b^'  virtue  of  [the]  said  act,  upon  any  wheat  that  shall  be 
sowed  after  the  twentieth  day  of  April,  this  present  3'ear,  one  thousand 
seven  hundred  and  sixty-six,  or  upon  any  flour  that  shall  be  made  of 
wheat,  sowed  after  the  said  twentieth  da^'  of  April,  anything  in  the  act 
aforesaid  to  the  contrarj-  notwithstanding.     \_Passed  Februaru  21,1 76G. 


CHAPTER    33. 

AN  ACT  FOR  REVIVING  AND  CONTINUING  SUNDRY  LAWS  THAT  ARE 
EXPIRED,  AND  NEAR  EXPIRING. 

Whereas  the  several  acts  hereinafter  mentioned,  which  are  now  ex-  Acts  continued, 
pired  or   [near  e.rppjring,   have   been  found   useful   and    beneficial; 
vizf'^.,  one  act  made  in  the  twenty-eighth  year  of  his  late  majesty  King 
[George  f*]he  Second,  intituled   "An  Act  to  prevent  damage  being  Acttoprevent 
done  on  the  beach,  humocks  and  meadows  belonging  to  the  town  of  scUufte  beach. 
[/Scti*]uate,  lying   between  the   southerl}^  end  of  the  Third  Cliff",   so  i'o5-56,  cii.  9. 
called,  and  the  mouth  of  the  North  River ;  "  one  act  made  in  the  first 
j-ear  of  his  present  majestj-'s  reign,  intit[?t]led  "An  Act  further  im-  Courts  of  ses- 
powering  the  courts  of  general  sessions  of  the  peace,  in  this  jn'ovince,   ^wns^to  grant 
to  grant  licen[s][c]es  in  certain  cases,  and  thereby  to  prevent  un-  i76i-62,"ch.  14. 
necessary-  petitions  to  the  general  court ;  "  two  acts  made  in  the  fourth 
year  of  the  same  reign,  one  intit[u]led  "An  Act  to  enable  the  col-  Collectors  of 
lectors  of  taxes,  in  the  town  of  Boston,  to  sue  for  and  recover  the  townofB^olton 
rates  and  taxes  given  them  to  collect  in  certain  cases;"    the  other,   empowered, 
intituled   "An  Act  in  further   addition  to  the   acts  or  laws  of  this  common  fields 
province,  relating  to  common  fields,  to  extend  onl}^  to  the  county  of  co^at'"^re'"t 
Hampshire ;  "    one  act  made  in  the  fifth  j'car  of  the  same  reign,  in-  lated. 
tit  [m]  led   "An  Act  for  preventing  the   unnecessary    destruction   of  destruction  of 
alewives,  and  other  fish,  within  this  province," —  aiewives. 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Rejnese  ntatives , 

That  such  of  the  beforementioned  acts  as  are  expired,  be  revived,  Continuation, 
and  such  of  the  said  acts  as  are  not  j'ct  expired,  be  continued,  with 
all  and  every  article,  clause,  matter  and  thing  therein  respectivelj'  con- 
tained, and  shall  be  in  force  until  the  first  day  of  July,  one  thousand 
seven  hundred  and  seventy,  and  no  longer.     [Passed  February  21,  1766. 

Notes. — All  the  acts  of  this  year  were  printed:  chapter  18,  separately;  and  the 
engrossments  of  all  the  acts  are  preserved,  except  of  the  first  ten  chapters,  and 
chapters  14,  18,  19,  20,  21,  22,  and  a  private  act,  the  title  of  which  is  as  follows:— 

"  An  Act  impowering  Peter  Hallet  to  make  and  execute  a  Deed  of  Exchange  with 
Stephen  Hallet  of  certain  Lands  lying  in  Yarmouth  in  the  County  of  Barnstable." 
— [Passed  June  12;  pitblishcd  June  25, 17G5. 

The  acts  of  the  first  session  were  certified  for  transmission,  July  10, 17(55.  They 
were  delivered  to  the  clerk  of  the  Privy  Council,  in  waiting,  September  17,  and 
referred  to  the  committee  on  plantation  affairs,  October  2,  and,  the  next  day, 
referred,  by  them,  to  the  Lords  of  Trade.  They  were  received  by  tlie  Lords  of 
Trade,  October  8,  read  October  20,  and  immediately  referred  to  Sir  Matthew  Lamb, 
whose  report,  dated  June  .'50,  17(5(i,  was  read  at  the  Board,  February  G,  17(57.  Three 
days  later,  the  draught  of  a  representation  to  the  committee  of  tlie  Privy  Council, 
on  plantation  affairs,  was  ordered  to  be  prepared.  The  report  of  April  16,  1767  (vide 
infra),  includes  the  acts  of  this  session. 

The  acts  of  the  second  session  were  delivered  to  the  clerk  of  the  Privy  Council, 

*  Parchment  mutilated. 


1764-65,  ch.  34. 


860  rr.ovixcE  Laws.— 1765-66.  [Notes.] 

in  waiting,  March  11, 17GG;  but  no  certificate  for  transmission  has  been  found.  They 
were  referred,  March  21,  to  the  committee  on  plantation  affairs,  and,  by  them,  on 
the  next  day,  to  the  Lords  of  Trade.  They  were  received  by  tlie  Lords  of  Trade, 
March  27,  and,  on  the  IGth  of  April,  were  read,  and  ordered  to  be  sent  to  Sir 
Matthew  Lamb,  for  his  opinion  thereon.  On  the  2yth  of  October,  ITGU,  Sir  Matthew 
Lamb  reported  that  he  had  no  objection  to  any  of  them,  in  point  of  law.  The  report 
of  the  Lords  of  Trade,  of  April  IG,  17G7,  includes  the  acts  of  this  session. — See  note 
to  chapter  23,  post. 

The  acts  of  the  third  session  were  certified  for  transmission,  March  20,  17G6, 
delivered  to  the  clerk  of  the  Privy  Council,  in  waiting,  ]SIay  29,  referred  to  the 
committee  on  plantation  affairs,  June  18,  and,  by  them,  referred  to  the  Lords  of 
Trade  on  the  8th  of  July.  They  were  received  by  the  Lords  of  Trade,  August  13; 
and  were  read,  and  ordered  to  he  sent  to  Sir  Matthew  Lamb,  for  his  opinion  there- 
upon, August  30,  17GG.  Sir  Matthew  Lamb's  report  iipon  the  acts  of  this  session  is 
dated  February  IG,  17G7,  and  states  that  he  has  no  objection,  in  point  of  law.  This 
report  was  read,  together  with  the  acts  of  the  third  session,  JNIarch  li),  17G7;  but 
nothing  further  appears  to  have  been  done  with  any  of  the  acts  of  this  year. 

Chap.  1.  "  The  next  transaction  of  this  kind  was  concerning  the  appointment  of 
my  Salary  I  acquainted  Your  Lordships  last  year  that  an  opposition  was  made  to 
the  usual  grant  to  the  Governor  upon  this  principle,  that  as  the  Parliament  was 
about  to  tax  the  American  Colonies,  they  ought  also  to  pro^■ide  for  the  expence  of 
their  Government  This  year  the  same  Gentleman  made  the  like  objection  to  the 
Grant  to  the  Governor  but  with  additional  force  that  the  Parliament  had  actually 
taxed  the  American  Colonies  and  that  private  advices  from  London  assured  that  it 
was  intended  to  pay  the  support  of  the  Governments  out  of  the  produce  of  the 
Parliamentary  Tax.  To  this  it  was  answered  that  supposing  there  was  such  an  in- 
tention, the  Parliamentary  Tax  had  not  yet  commenced  and  it  would  be  at  least  a 
year  from  that  time  before  it  brought  in  any  money  to  the  King's  Treasury  and 
therefore  it  could  be  no  argument  for  not  supporting  the  Gov  in  the  mean  time. 
Upon  this  the  opponent  withdrew  his  objection,  owned  he  was  too  early  in  making 
it  and  declared  his  intention  of  enforcing  it  next  year.  I  expect  that' before  that 
time  the  necessity  of  the  Government  at  home  taking  into  their  hands  the  appoint- 
ment of  the  Civil  Lists  of  the  American  Governments  will  become  more  and  more 
apparent." — Gov.  Bernard  to  Lords  of  Trade,  July  8,  17G3:  "Mass.  Ba>/,  B.  7'.," 
vol.  78,  L.  L,  84,  in  Pnblic-Rrrord  Offiee. 

"  Having  received  a  letter  from  Francis  Bernard  Esq""^  Your  Majesty's  Gov  of  the 
Massachusetts  Bay,  wherein,  amongst  other  matters,  he  acquaints  us,  that  an  op- 
position had  been  made  in  the  General  Court  of  that  Province  to  the  usual  Grant  to 
the  Governor  upon  this  principle,  that  as  the  Parliament  had  taxed  the  American 
Colonies  they  ought  also  to  provide  for  the  expence  of  their  Government,  which 
though  withdrawn  at  that  time,  was  declared  to  be  intended  to  be  inforced  the  next 
Year.  Wo  lose  no  time  in  representing  this  Transaction  to  Your  Majesty,  as  stated 
to  us  by  M""  Bernard  and  at  the  same  time  humbly  lay  before  Your  Majesty  an  Ex- 
tract of  so  much  of  the  Governor's  letter  as  relates  thereunto. 

Upon  this  occasion  both  in  justice  to  the  merits  of  M^  Bernard  and  in  consideration 
of  the  advantages  which  we  conceive  would  accrue  to  the  public  service  from  ren- 
dering the  Governors  independent  of  the  Legislature  of  the  respective  Colonies, 
over  which  they  are  in  command,  we  humbly  submit  it  to  Your  Majesty,  whether  in 
the  present  circumstances  of  the  Province  of  the  ]Massachusetts  Bay,  it  will  not  be 
advisable  that  such  a  fixt  and  permanent  appointment  or  salary  should  be  allowed 
to  Your  ]Ma.iesty's  Governor  thereof  as  shall  be  sufficient  for  his  sitpport  in  the  ex- 
ecution of  his  Office,  without  the  precarious  Grant  of  the  General  Court,  by  which 
Provision  his  own  situation  may  be  rendered  more  respectable  and  independent  and 
he  be  better  enabled  to  carry  into  execution  any  future  Measures  for  Your  Majesty's 
Service." — Representation  of  the  Lords  of  Trade,  to  the  Kinrj,  Sept.  27,  17G5:  ibid., 
vol.  8G,  p.  190. 

Chap.  2.  "  I  have  before  explained  the  necessity  and  reasonableness  of  the  prin- 
cipal Act.  This  additional  one  is  calculated  to  improve  the  provisions  and  extend 
the  equity  of  the  former.  By  this  Act,  where  a  Creditor  has  made  a  partial  attach- 
ment of  Goods,  he  has  his  option  whether  he  will  adhere  to  his  attachment,  or  take 
his  share  in  a  general  dividend:  if  he  chooses  the  latter,  he  must  l)ring  in  the  at- 
tached goods  to  the  common  fund.  This  is  Equity,  and  will  help  to  do  justice  to 
foreign  Creditors,  who  stand  no  chance  in  a  general  scramble."— Gor.  Bernard  to 
Lords  of  Trade,  Jidij  15,  17G5:  "Mass.  Bay,  B.  2'.,"  vol.  78,  L.  I.,  85. 

See,  also,  notes  to  17G1:-G5,  chai^.  35,  ante,  and  17GG-C7,  chajD.  5,  and  1769-70,  chap. 
10,  post. 

Chap.  3.  "  June  11,  17G0.  A  Petition  of  Abraham  Hill,  and  John  Caldwell,  Pro- 
prietors of  the  common  and  Undivided  Lands,  in  Pequoiag,  so  called  in  the  County 
of  Worcester— Setting  forth,  that  the  said  place  called  Pequoiag  hath  been  Settled 
upwards  of  Twenty  Years,  hath  at  this  time  near  Fifty  Families,  and  have  had  a 
Minister  Settled  about  ten  Years.  That  from  the  beginning  of  the  Settlement  till 
about  two  Years  ago  Joseph  Lord  Esq""  acted  as  Proprietors  Clerk,  and  kept  all  the 
Records  and  Proceedings  of  said  Propriety,  All  the  Grants,  Surveys,  and  layings 
out  of  lands  within  the  same,  he  was  the  Treasurer,  the  greater  part  of  the  Time, 
and  received  all  the  Moneys  collected  by  Taxes,  or  for  Sales  of  Delinquent  Pro- 
prietors Land,  and  is  probably  supposed  to  be  largely  in  Arrear  to  them  on  that 
Account — That  in  June  1758  a  new  Treasurer,  and  a  new  Clark  were  Chosen,  and 
the  said  Joseph  Lord  refusing  to  deliver  up,  the  Books  and  Papers  of  the  Propriety, 


[Notes.]  Province  Lams. — 1TG5-CG.  8(5 1 

An  Action  was  commenced  against  him  therefor  and  at  the  Iiiferii)r  Court  held  at 
Worcester,  in  November  last,  The  Proprietors  recovered  Judgment  for  the  said 
Books  and  Papers  to  be  delivered  to  them  or  in  defaxxlt  thereof  Execution  to  Issue 
for  the  sum  of  One  Thousand  Pounds  lawfuU  money— But  before  the  said  Judgment 
was  rendered  the  said  Joseph  Lord  absconded,  and  hath  ever  since  been  out  of  this 
Province  hath  never  delivered  up  tlie  said  Books  and  Papers,  but  keeps  the  same, 
nor  hath  left  Estate  to  a  quarter  part  of  the  Damage  recovered.  Thus  the  Peti- 
tionei's  are  deprived  of  their  Records,  and  those  who  held  their  Several  Possessions, 
or  Original  Proprietors  or  have  purchased  the  Lands  of  delinquent  Proprietors,  left 
without  their  proper  and  needfull  Proofs,  and  are  in  the  utmost  danger  of  runing 
into  total  Confusion.  The  Petitioners  Therefore  pray  for  direction  and  Relief,  in  a 
Case  so  singular  Circumstanced.  In  the  House  of  Representatives,  Read  and  Or- 
dered, That  the  Prayer  of  the  Petition  be  so  far  granted  as  that  the  Petitioner  be 
allowed  to  bring  in  a  Bill  for  the  purposes  mentioned.  In  Council  Read  and  Con- 
curred. In  Council  Read  and  Reconsidered,  and  Nonconcnrred  and  Resolved  that 
the  present  Clerk  of  the  said  Proprietors  the  Rev<i  M""  Abraham  Hill,  be  and  hereby 
is  directed  to  make  a  New  Book  of  tlie  Records  of  said  Proprietors  during  the  time 
that  the  said  Joseph  Lord  was  Proprietors  Clerk,  from  the  ^Nlinits  that  may  Appear 
of  Transactions  in  that  time  and  from  the  Remembrance  of  the  Proprietors,  and 
after  he  hath  linishetl  the  same,  that  he  lay  it  before  the  said  Proprietors  at  some 
proper  fleeting  for  that  purpose  warned,  and  then  that  he  do  lay  the  same  before 
this  Court,  to  the  end,  this  Court  may  then  determine  whether  it  shall  be  estab- 
lished as  the  Records  of  the  said  Propriety.  In  the  House  of  Representatives; 
Read  and  Concurred  Consented  to  by  the  Lieutenant  Governor." — Council  Records, 
vol.  A'A'//7.,p.  423. 

"  June  IS,  17G0.  On  the  Petition  of  Abraham  Hill,  and  John  Caldwill  Committee 
for  the  Proprietors  of  the  Common  and  Undivided  lands  in  Pequoig  (so  Called)  in 
the  C^onnty  of  Worcester  as  entered  the  11<'>  day  of  June  Instant— In  Council  Read 
and  Reconsidered  and  Nonconcnrred,  and  Resolved  that  the  present  Clerk  of  the 
said  Proprietors,  the  Rev'^M''  Abraham  Hill  be,  and  hereby  is  directed  to  make  a 
New  Book  of  the  Records  of  said  Proprietors,  during  the  time  that  the  said  Joseph  9 

Lord  was  Projirietors  Clerk,  from  the  Minits  that  may  Appear  of  Transactions  in 
that  time,  and  from  Remembrance  of  the  Proprietors,  and  after  he  hath  finished  the 
same  that  he  lay  it  Ijefore  the  said  Proprietors,  at  some  proper  Meeting  for  that  pur- 
pose warned,  and  then  that  he  do  lay  the  same  before  this  Court— To  the  end  this 
Court  may  then  determine  whether  it  shall  be  established  as  the  Records  of  the  said 
Proprietors.  In  the  House  of  Representatives;  Read  and  Concurred  Consented  to 
by  the  Lieutenant  Governor." — Ibid.,  p.  45G. 

"  June  o,  ITGo.  A  Petition  of  Natlian  Goddard  and  John  Haven  a  Committee  of 
the  Proprietors  of  Athol  (formerly  Pequoige)  iu  the  County  of  Worcester.  Setting 
forth  that  the  General  Court  in  June  1760  directed  the  Revi  M""  Abraham  Hill  their 
Clerk  to  make  a  Book  of  records  from  such  Minutes  as  might  appear:  but  that  few 
Minutes,  and  those  very  imperfect,  could  be  found:  whereupon  a  Committee  Chosen 
by  the  Proprietors  in  Ocf^  1760.  obtained  a  plan  of  said  Township  from  the  best  helps 
that  wei"e  to  be  had,  which  has  been  accepted  by  them.  And  Praying  that  the  same 
and  the  records  they  have  collected  may  be  established.  In  the  House  of  Represent- 
atives Read  and  Ordered  That  Cap"  W'illard,  Colo  Prescott  &  Col"  Noyes  witli  such 
as  the  hou'^''^  Board  shall  appoint  be  a  Committee  to  take  this  Petition  under  con- 
sideration and  make  report.  In  Council  Read  and  Concurred  and  John  Hill  and 
Tim"  Paine  Esq''^  are  joined  in  the  Affair."— J6u;.,  vol.  XXV.,  p.  29. 

"  June  9,  17(Jo.  Upon  the  Report  of  a  Committee  appointed  the  "A  Ins'  on  the  Pe- 
tition of  Nathan  Goddard  and  John  Haven  a  Committee  of  the  proprietors  of  Athol 
the  following  Order  jiassed  the  two  Houses,  viz' 

In  Council  the  committee  abovementioned  having  made  report.  Ordered  that  the 
same  be  accepted:  and  that  the  Petitioners  serve  the  Rev<i  M''  Abraham  Hill,  late 
Clerk  of  the  Proprietors  of  Athol  with  a  Copy  of  this  Petition  that  he  shew  Cause  (if 
any  he  hath)  on  the  second  Wednesday  of  the  next  Sitting  of  this  Court  Avhy  the 
Prayer  thereof  should  not  be  granted.  In  the  House  of  Rejiresentatives  Read  and 
Concurred." — Ibid.,  p.  44. 

"  Dec.  .30, 17(i;J.  The  following  Order  passed  on  the  Petition  of  the  Proprietors  of 
Athol  as  entered  the  of  June  last  viz'  In  Council  Read  again  together  with  the 
answer  of  the  Reverend  Abraham  Hill.  And  Ordered  That  John  Erving  &  Timothy 
Paine  Esq''^  with  Such  as  the  bonbic  House  shall  join  be  a  Committee  to  take  the 
Petition  and  Answer  under  consideration  and  make  report.  In  the  House  of  Rep- 
resentatives Read  and  Concurred  and  Cap'  Howard,  Colo  Buckminster  and  M"^ 
Saunders  are  joined  in  the.  Affair." — Ibid.,]).  107. 

"  Jan.  6,  17G4.  The  following  Order  passed  on  the  Petition  of  Nathan  Goddard 
and  Others  a  Committee  of  the  Proprietors  of  Athol  as  entered  the  3'^  of  June  last, 
and  in  consequence  of  a  report  of  a  Committee  appointed  thereon  the  oO"i  of  Dec^ 
last  viz' 

In  Council  Read  and  Accepted.  And  Onlered  that  the  Petition  of  Nathan  Goddard 
and  John  Haven  a  Committee  of  the  Town  of  Athol  be  dismissed.  And  that  the 
ReVi  INl''  Abraham  Hill  with  the  assistance  of  Nathan  Goddard  and  under  the  in- 
spection of  Charles  Baker,  Surveyor,  be  directed  to  compleat  the  Book  of  Records 
of  the  Proprietors  of  Athol  agreeable  to  the  Order  of  the  General  Court  in  June  1700, 
and  lay  the  same  before  the  said  Proprietors  and  likewise  before  the  General  Court 
for  their  approbation  by  the  First  of  June  next. 

In  the  House  of  Reiiresentatives  Read  and  Concurred    Consented." — Ibid.,  p.  119. 

"  June  (5,  1765.  A  Petition  of  Nathan  Goddard  and  John  Haven  a  Committee  of 
the  proprietors  of  Athol — Setting  forth  That  the  General  Court  in  January  1764 
passed  an  order  That  the  Rev"^  M""  Abraham  Hill  with  the  assistance  of  Nathan  God- 


862  Province  Laws.— 1765-66.  [Notes.] 

dard  and  under  the  inspection  of  Cap'  diaries  Baker,  be  directed  to  compleat  the 
Book  of  Records  of  the  proprietors  of  Athol  agreable  to  tlie  order  of  the  General 
Court  in  June  17G0;  but  that  the  time  limited  in  the  order  of  Court  is  expired,  and 
the  Ilecords  not  compleated.  And  praying  that  tlie  said  Book  of  Records  in  the 
hands  of  Nathan  CJoddard,  the  present  Clerk  of  the  proprietors  may  be  established 
together  with  the  transactions  of  the  Meetings  Recorded  in  their  Book  in  tlie  hands 
of  the  Rev^  jSI'  liill  their  former  Clerk  as  the  only  Records  of  the  said  jiropriety. 

In  the  Hous(!  of  Representatives,  Read  and  Ordered,  that  Colt>  Clap,  Col"  Prescot, 
.  and  Col<'  Nichols  with  such  as  the  Hon''''^  Board  shall  join  be  a  Committee  to  con- 
sider this  petition  and  Report.  In  Council,  Read  and  Concurred,  and  Isaac  Royall 
and  Jami.'S  Otis  Esq"*  are  joined  in  the  affair." — Ibid  ,  vol.  XXVI.,  p.  14. 

"  June  8,  17Go.  The  following  Order  passed  on  the  petition  of  Nathan  Goddard 
and  John  Haven,  a  Committee  of  the  proprietors  of  Athol  as  entered  the  (j">  Ins' — 

In  Council.  The  Committee  abovementioned  having  made  Report,  and  the  same 
being  accepted,  thereupon  Ordered  That  the  petitioners  have  leave  to  bring  in  a  Bill 
for  tlie  purposes  therein  mentioned.  In  the  House  of  Representatives,  Read  and 
Concurred." — Ibid.,  p.  18. 

Chap.  4.  See  notes  to  17G1-G2,  chapters  3  and  48;  17G2-G3,  chap.  10;  17G3-64,  chap. 
13;  and  17G4-G5,  chap.  4. 

C'hdiJ.  (!.  ' '  July  2, 1740.  William  Dudley  Esqf  from  the  Committee  of  both  Houses 
on  tli<!  jietition  of  Jeremiah  Fuller  and  others  of  Stoughton  gave  in  the  following 
Report,  \iz' 

The  Committee  to  whom  was  referr'd  the  Petition  of  Joseph  Hewens  Jun''  Jere- 
miah Fuller  and  William  Richards  of  Stoughton,  praying  that  the  Westerly  Part  of 
Stoughton  according  to  Bounds  mentioned  therein  may  he  erected  into  a  Separate 
Townshij*  or  Precinct  for  reasons  therein  given,  are  of  Opinion  that  the  Prayer  of 
the  Petition  be  so  far  granted  as  that  the  Westerly  Part  of  Stoughton  be  erected  into 
a  Separate  Precinct  according  to  the  Bounds  hereafter  described,  viz'  Beginning 
9  at  the  Town  Line  on  the  North  West  side  where  Trap  Hole  Brook  cometh  into  the 

Town,  and  down  said  Brook  until  it  cometh  to  the  Line  between  the  Lots  of  Land 
Number  Fifteen  and  Sixteen;  and  thence  South  Eastward  in  said  Line  until  it  comes 
to  the  North  East  Corner  of  the  Eighteenth  Lot;  thence  on  the  Westerly  side  of 
Birds  Land  wliereon  Daniel  Richards  and  Isaac  Coinming  liveth;  and  continuing 
the  same  course  on  the  North  Westerly  side  or  Line  of  the  Fourteenth  Lot,  on  whicii 
William  Richards  liveth,  unto  Pigeon  Swamp,  and  by  the  South  Easterly  side  thereof, 
so  far  as  to  include  Abiel  Birds  lot,  and  then  in  the  Westerly  Line  of  the  Eighth 
Lot,  unto  the  South  West  Corner  thereof  and  the  North  Corner  of  the  Twenty  fourth 
Lot,  and  thence  in  the  Line  between  the  two  last  mentioned  Lots  to  the  INIashapoag 
Brook  at  the  corner  of  the  Tenth  Lot,  and  continuing  in  the  South  Line  of  the 
Tent  li  Ijot  and  the  Thirty  fifth  Lot,  &  continuing  the  same  course  between  the  Thirty 
Eiglith  and  Fortieth  Lots  unto  the  High  Way  leading  from  Stoughton  to  Eastoa 
and  theni.-e  in  the  said  way  until  it  comes  to  the  North  Westerly  End  Line  of  the 
Lots  Number  Twenty  six  &  Twenty  Seven  near  Dry  Pond,  and  in  the  said  Line  to 
the  Corner  thereof  in  or  near  said  Pond;  and  thence  in  the  Westerly  Line  of  said 
Lots  strait  to  the  South  Easterly  Side  Line  of  the  Town:  This  to  be  the  Dividing 
Line  or  Bounds  between  this  Precinct  and  the  remaining  Precinct  or  Part  of  the 
Town:  Anil  that  all  the  lands  and  Inhabitants  thereon  Westerly  to  that  part  here- 
tofore set  off  to  Wrentham,  be  a  Separate  and  distinct  Precinct  and  have  the  Privi- 
leges and  Powers  of  other  Precincts.  And  whereas  the  High  Way  above  mentioned 
may  cross  some  Lots,  leaving  the  Dwelling  houses  on  one  side  and  part  of  the  Lots 
on  the  other  side,  the  Committee  are  of  Opinion  that  the  side  whereon  the  Houses 
are  have  the  whole  Lots  rateable  to  that  Precinct,  except  the  Twenty  Sixth  and 
Twenty  Seventh  Lots. 

All  Which  is  humbly  submitted  by  William  Dudley. 

In  Council;  ReacLand  Ordered  that  this  Report  be  accepted,  and  that  the  lands 
therein  described  together  with  the  Inhabitants  thereon,  be  erected  into  a  Separate 
Precinct,  and  are  hereby  vested  with  the  powers  and  Privileges  which  other  Pre- 
cincts within  this  Province  do  or  by  law  ought  to  enjoy. 

Ill  the  House  of  Representees  Read  and  Concur'd.  Consented  to  J:  Belcher." — 
Council  Records',  vol.  XVII.,  book  2,  p.  3G0. 

"  Feb.  18,  17()2.  A  Petition  of  Joseph  Hewins  in  behalf  of  the  Second  and  Third 
Precincts  in  the  Town  of  Stoughton,  Praying  that  the  Report  of  a  Committee  of  the 
said  Precincts  settling  the  Line  between  them  and  accepted  by  each  Precinct  may 
be  confirmed;  which  report  and  Settlement  is  as  follows  viz' 

We  the  Subscribers  being  chosen  a  Committee  by  the  second  Precinct  in  the 
Town  of  Stoughton  at  their  meeting  legally  assembled  and  held  in  said  Precinct 
upon  the  13'i'  day  of  October  1760.  to  meet  a  Committee  of  the  third  Precinct  in  said 
Town  in  order  to  consult  mutnally  whether  any  ])art  or  parcell  of  the  Lands  or 
Inhabitants  now  belonging  to  the  said  Second  Precinct  should  be  annexed  to  the 
third  Precinct  in  said  Town  for  the  future,  or  whether  the  former  established 
Bounds  between  the  respective  Precincts  should  still  remain  fee"  have  accordingly 
attended  the  said  Service  and  have  met  with  the  Committee  chosen  in  the  third 
Precinct  for  the  same  purpose,  and  with  them  viewed  the  Situation  of  each  of  the 
said  Precincts,  and  the  Committees  have  mutually  agreed  and  consented  to  report 
the  following  Line  to  be  the  established  bounds  between  the  said  Second  Precinct 
and  the  said  third  Precinct  for  the  future  forever  hereafter  viz'  beginning  at  the 
Northwesterly  corner  of  the  said  third  Precinct  at  the  Road  called  Taunton  Road, 
and  so  proceeding  Southerly  as  the  said  Road  is  now  laid  out  and  conlirmed 
(partly  by  the  said  Town  of  Stoughton  and  i^artly  by  his  Majesty's  Court  of  Ses- 


[Notes.]  Pkovince  Laws.— 1765-66.  863 

sions  for  the  County  of  Suffolk)  until  it  comes  to  the  Line  of  the  Town  of  Easton, 
We  are  of  opinion  shall  be  the  general  Bounds  between  the  said  Precincts  with  = 
these  exceptions  namely  That  the  Dwellings  and  Home  Lotts  belonging  to  Jona- 
than Jordan,  Joseph  Smith  and  Samuel  Brackett  shall  remain  to  the  third  Pre- 
cinct as  heretofore,  notwithstanding  the  aforesaid  general  Bounds.  And  Whereas 
the  Road  abovementioned  crosses  some  Lots,  leaving  the  Dwelling  Houses  on  one 
side,  and  parts  of  the  Lots  on  the  other,  The  said  Committees  are  of  opinion  that 
the  side  whereon  the  Houses  are,  have  the  whole  Lots  rateable  to  that  Precinct  and 
to  be  esteemed  as  a  part  thereof.  And  those  that  shall  hereafter  build  Houses  on 
any  of  the  Lots  that  cross  the  aforesaid  lload,  they  that  build  on  the  Westerly  side 
thereof  with  their  Lots  shall  be  rateable  to  the  second  Precinct,  and  they  that  build 
on  tlie  Easterly  side  thereof  with  their  Lots  shall  be  rateable  to  the  said  Third 
Precinct,  excluding  all  seperate  Lots  belonging  to  the  Owners  of  the  Lots  crossing 
the  aforesaid  Road  which  the  Com'^'^s  are  of  opinion  shall  belong  to  the  Precincts  in 
winch  they  are.  All  which  is  humbly  submitted. 

Daniel  Richards     I  Coin'«e  of  the  Hezekiah  Gay  )  Comtek  of  the 

Cliffoku  Belcher  )   2<^  Precinct.  Rob'  Swan  j   o^i  Precinct. 

In  the  House  of  Representatives,  In  Answer  to  the  Petition  of  Joseph  Hewins  in 
behalf  of  the  second  and  third  Precincts  of  Stoughton,  Resolved  That  the  Report 
of  this  Agreement  of  the  said  Precincts  be,  and  it  is  hereby  ratifyed  and  confirmed 
to  all  intents  and  purposes  whatsoever.  In  Council  Read  and  Concurred.  Con- 
sented to  by  the  Governor." — Council  Records,  vol.  XXIV.,  p.  272. 

Chop.  9.  "  This  is  an  Annual  Act,  the  nature  of  which  I  have  before  explained 
to  Your  Lordships.  The  General  Court  reduces  their  debt  by  50,000  iiounds  evry 
year,  and  as  they  are  obliged  conformably  to  the  Act  of  Parliament  to  confine  their 
bills  of  Credit  within  2  years,  they  annually  borrow  a  sum  less  by  £50,000  than 
what  will  be  due  at  the  end  of  the  year,  by  which  the  whole  debt  appeal's  on  the 
face  of  the  Bill  and  is  evry  year  £50,000  less  than  the  former.  What  is  remarkable 
in  this  bill  is  that  the  intrest  is  reduced  from  0  to  5  pr.  ct:  this  was  done  by  a  pub- 
lic subscription  and  is  a  striking  instance  of  the  credit  of  the  Government,  if  not  of 
the  riches  of  the  people,  Indeed  the  finances  of  this  Government  are  extremely 
well  conducted." — Gov.  Bernard  to  Lords  of  Trade,  July  15, 1765:  "Mass.  Bay,  B.  T.," 
vol.  78,  L.  I.,  85. 

Chap.  13,  "  Dec.  5,  1735.  A  Petition  of  Ebenezer  Hunt  and  others  who  were  Of- 
ficers and  Soldiers  (or  their  Descendants)  in  the  Expedition  against  Canada  under 
the  Command  of  Cpt.  Ephraim  Hunt  Dec^i  in  the  year  1690,  Praying  for  a  Grant  of 
Land  for  a  Township  in  consideration  of  their  hardships  &  suffering  in  the  said 
Expedition. 

In  the  House  of  Representees  Read  &  in  answer  to  this  Petition 

Voted  that  the  Prayer  of  the   Petition  be  granted;  &  that  together 

with  such  as  shall  be  joined  by  the  Hon^'ie  Board  be  a  Committee,  at  the  Charge  of 
the  Governm'  to  lay  out  a  Township  of  the  Contents  of  six  miles  square  in  some 
suitable  Place  Westward  of  Deerfield  in  the  County  of  Hampshire;  &  that  they 

return  a  Plat  thereof  to  this  Court  within  twelve  months  for  confirmation; And 

for  the  more  effectual  bringing  forward  the  settlem'  of  the  said  new  Town;  Ordered 
that  the  said  Town  be  laid  out  into  sixty  three  equal  shares;  one  of  which  to  be  for 
the  first  settled  Minister,  one  for  the  Ministry  &  one  for  the  School;  &  that  on 
each  of  the  other  sixty  shares  the  Petitioners  do  within  three  years  from  the  con- 
firmation of  the  Plan  have  settled  one  good  family,  who  shall  have  a  House  l)uilt  on 
the  Home  Lot  of  eighteen  feet  square  &  seven  feet  stud  at  the  least  &  finished; 
that  each  Right  or  Grant  have  six  Acres  of  Land  brought  to  &  plowed  or  brought  to 
English  Grass  or  fitted  for  mowing;  that  they  settle  a  learned  orthodox  Minister, 
&  build  &  finish  a  convenient  Meeting  house  for  the  publick  Worship  of  God;  & 
that  each  Settler  give  Bond  to  the  Province  Treasurer  of  Twenty  Pounds  for  fulfil- 
ling the  conditions  of  this  Grant,  Provided  tliat  in  case  any  of  the  Lots  are  not  duly 
settled  in  all  regards  as  aforesaid,  then  such  Lot  with  the  Rights  thereof  do  revert 
to  &  be  at  the  disposition  of  the  Province. 

In  Council;  Read  and  Concur'd:  Consented  to,  J  Belcher." — Council  Records, 
vol.  XVI.,  p.  223. 

"Jan.  6,  1735.  On  the  Petition  of  Ebenezer  Hunt  &  others,  Enter'd  Decern'' 5 
1735. 

In  the  House  of  Representees  Read  and  Voted  that  M''  Speaker  Quincy  &  Cpt. 
Adam  Cushing  with  such  as  the  Hon^>'e  Board  shall  appoint  be  a  Committee  to  lay 
out  the  Township  granted  to  Ebenezer  Hunt  «&  others  Oflicers  &  Soldiers  in  the 
Canada  Expedition  Anno  1690,  as  enter'd  the  third  ult.  to  all  Intents  and  Purposes, 
&  in  manner  &  form  agreable  to  the  Vote  for  granting  said  Township. 

In  Coimcil;  Read  and  Concur'd,  and  Edmund  Quincy  Esqi^  is  joined  in  the  Affair. 
— Consented  to,    J  Belcher." — Ibid.,  p.  261. 

"  Dec.  24,  1736.  A  Petition  of  Edmund  Quincy  Esq'  &  others  a  Committee  for 
laying  out  a  Township  granted  to  the  Canada  Soldiers  under  the  Command  of  Cpt. 
Ephraim  Hunt  Dec<i  Shewing  that  they  have  laid  out  said  Township  on  the  West 
side  of  Deerfield,  since  which  the  Propriet"  of  Deerfield  have  set  out  their  Westerly 
bounds  including  an  additional  Grant  made  to  them  about  twenty  years  since;  by 
which  one  third  part  of  the  best  of  the  Land  is  taken  off  from  this  new  Township 
(the  Plat  of  which  has  been  confirmed  by  this  Court,)  And  therefore  Praying  that  the 
Proprietors  of  Deerfield  may  be  directed  to  return  a  Plat  of  their  Township,  or  of 
the  sd  additional  Grant,  or  at  least  of  the  Westerly  Bounds  thereof  to  this  Court 
that  so  Justice  may  be  done  to  all  Parties  or  that  the  petition'*  may  be  otherwise 
relieved. 


86J:  PnovmcE  Laws. — 1765-66.  [Notes.] 

In  the  House  of  Ilepresent^'es  Read  &  Ordered  that  the  memoliasts  forthwith 
serve  the  Town  of  Deerfield  with  a  Copy  of  the  Memorial  tliat  they  be  &  hereby  are 
directed  to  hvy  l)efore  this  Court  a  correct  Plat  of  their  additicjnal  Grant,  therein 
marking  out  the  true  Westerly  Bounds  of  said  Townsliip,  that  so  this  Court  may 
further  consider  tins  Memorial  for  their  further  Order. 

In  Council;  Read  &  Concur'd;  Consented  to,     J  Belohfr." — Ibid., p.  400. 

"  Jan.  lit,  17;>:i.  A  Plat  of  the  Township  granted  to  tlie  Company  under  the  Com- 
mand of  Cpt.  Ejiliraim  Hunt,  laid  out  by  Nath'  Keliog  Survey  &  Cliainmen  on 
Oath,  bounded  East  on  Deerfield  West  Bounds,  on  all  other  sides  on  Province  Lauds. 
Beginning  at  a  stake  &  stones  in  Deerfield  West  Line;  thence  running  North  22 
Deg.  East,  Two  thousand  two  hundred  &  forty  perch  to  Deerfield  River;  thence 
West  17  Deg.  North  seventeen  hundred  &  thirty  perch;  then  South  32  Deg.  West, 
Twenty-one  hundred  &  thirty  perch;  then  East  22  Deg.  South,  seventeen  hundred 
perch  to  the  first  station. 

In  the  House  of  Representees  Read  &  Ordered  that  the  Plat  be  accepted,  &  the 
Lands  therinn  delineated  &  described  be  &  hereby  are  confirmed  to  the  Ofhcers 
&  Soldiers  of  the  Company  in  the  Canada  Expedition  Anno  ItiUO,  under  the  Com- 
mand of  the  late  Cpt.  Ephraim  Hunt  Dec<i  &  to  the  Heirs  legal  Representees  & 
Descendants  of  such  of  them  as  are  since  deceased  &  to  their  Heirs  and  Assigns 
forever,  they  fulfilling  &  performing  the  Conditions  of  the  Grant,  Provided  it 
exceeds  not  the  quantity  of  six  miles  square  of  Land,  &  does  not  interfere  with 
any  former  Grant. 

In  Council:  Read  &  Concur'd; — Consented  to,    J  BKLrHER." — Ibid.,  p.  425. 

"  Jan.  -."),  17();'>.  A  Petition  of  Nathaniel  Keliog  and  Obadiah  Dickinson  a  Com- 
mittee of  the  Proprietors  of  Hunts  Town — Setting  forth.  That  in  the  year  1736  the 
General  Court  made  a  Grant  of  a  Tract  of  Land  of  (i  miles  sqtiare  to  the  Officers 
and  Soldiers  in  the  Canada  Expedition  in  the  year  KidO  of  Cap'  Ephraim  Hunts  Com- 
pany, a  Plan  of  which  was  returned  to  the  Court  and  by  them  accepted  1!)'''  DeC"  1730. 
That  no  Flan  or  Bounds  of  the  Town  of  Deerfield  had  then  been  accepted  and  set- 
lied  by  the  Court,  but  that  afterwards  in  1741  the  Inhabitants  of  said  Town  pre- 
sented a  Plan  which  was  accepted  by  the  Court  with  the  usual  provisoes,  which  Plan 
running  in  upon  the  Plan  aforesaid  of  Hunts  Town  and  cutting  off  several  tliousand 
acres  therefrom,  the  Proprietors  in  the  year  1742,  petitioned  the  Court  for  an  Equiva- 
lent, and  a  Grant  passed  the  two  Houses  for  an  Equivalent  in  land  to  be  laid  out 
West  of  and  adjoining  to  said  Hunts  Town;  but  by  some  accident  did  not  pass  the 
Chair.  And  Praying  that  a  Committee  may  now  be  appointed  to  ascertain  the 
Bounds  of  Deerfield  and  of  Hunts  Town  according  to  their  original  Grants. 

In  the  House  of  Representatives  Ordered  That  this  Petition  be  so  far  granted  as 
that  John  Worthington,  Joseph  Hawley  and  Benjamin  Dny  Esq  »  be  a  Committee 
■who  are  lierel)y  fully  authorized  &  impowered  to  rejiair  to  the  Tosvn  of  Deerfield  and 
Hunts  Town,  so  called,  and  run  the  Lines  and  ascertain  the  Bounds  of  said  Towns 
according  to  their  several  original  Grants  and  especially  run  and  fix  the  dividing 
line  between  the  said  Towns  in  order  to  put  an  end  to  all  disputes  between  them 
relative  to  their  boimds,  and  make  report  of  their  Doings  to  this  Court  at  their  next 
Ma.y  Session,  the  Charge  of  said  Committee  to  be  borne  as  this  Court  shall  hereafter 
order. 

In  Council  Read  and  Nonconcurred  and  Ordered  That  the  Petitioners  notify  the 
Town  of  Deerfield  by  serving  the  Town  Clerk  with  a  copy  of  this  Petition  that  they 
shew  cause  (if  anj^  they  have)  on  the  second  Wednesday  of  the  next  Sitting  of  this 
Court  why  the  prayer  thereof  should  not  be  granted.  In  the  House  of  Representa- 
tives; Read  and  Concurred." — Ibid.,  vol.  XXIV.,  p.  515. 

"  Jan.  26,  1763.  A  Memorial  of  Nathaniel  Keliog  and  Obadiah  Dickinson,  in  be- 
half of  themselves  and  Others  Proprietors  of  Hunts  Town,  Setting  forth.  That  the 
Town  of  Deerfield,  have  set  up  marks  and  Monuments  as  Boundaries  of  the  said 
Town  including  more  than  six  thousand  Acres  of  Province  Land.  And  that  the  cer- 
tain Limits  of  Hunts  Town  will  remain  unknown  till  the  Bounds  and  Limits  of 
Deerfield  are  ascertained,  to  evince  all  which  they  are  ready  to  attend  and  give  all 
the  information  they  can  in  the  premisses. 

In  Council  Read  and  Ordered  that  William  Brattle  Esquire  with  such  as  the  hon- 
orable House  shall  join  be  a  Committee  to  hear  the  Petitioners  as  also  the  Repre- 
sentative of  Deerfield  (if  he  sees  fit  to  attend  them)  and  report  what  they  judge 
proper  fortius  Court  to  do  therein.  In  the  House  of  Representatives;  Read  and 
Concurred  and  Col"  Clap  and  Col^  Buckminster  are  joined  in  the  Affair." — Ibid.,  p. 
521. 

"  Jan.  27,  1763.  Upon  the  Memorial  of  Nathaniel  Keliog  and  Obadiah  Dickinson 
as  entered  yesterday,  Ordered  That  James  Otis  Esq''  be  of  this  Committee  in  the 
room  of  William  Brattle  Esq''  who  is  absent.  In  the  House  of  Representatives  Read 
and  Concurred." — Ibid.,  p.  523. 

"  Jan.  28, 1763.  The  following  Report  was  offered  by  the  Committee  appointed  for 
the  puriiose  therein  mentioned  viz' 

The  Committee  to  whom  was  referred  the  Petition  of  Nathaniel  Keliog  and  Oba- 
diah Dickinson  have  met  and  considered  the  same  (the  Petitioners  and  the  Repre- 
sentative of  Deerfield  being  first  beared  thereon)  and  beg  leave  to  report  that  it  is 
convenient  that  a  Committee  be  appointed  and  sent  from  this  Court  and  fully  Au- 
thoi'ized  and  impowered  to  run  the  Lines  and  ascertain  the  Bounds  between  Deer- 
field and  Hunts  Town,  and  Deerfield  and  the  Province  Lands  adjoining  on  the  West 
of  Deerfield  and  North  of  Hunts  Town  according  to  the  several  and  original  Gi'ants 
of  Deerfield  and  Hunts  Town  and  especially  to  run  and  fix  the  dividing  Line  be- 
tween said  Towns  in  order  to  put  and  end  to  all  disputes  between  them  relative  to 
their  Boundary  Line  (first  notifying  both  said  Towns  of  their  running  and  fixing 
said  Line,  that  they  may  be  present  if  they  see  cause)  and  make  report  of  their  Do- 


[Notes.]  Peovince  Laws. — 1765-66.  865 

ings  to  this  Court  at  their  next  May  Session.    The  Charges  of  this  Committee  to  be 
borne  as  this  Court  shall  order. — All  which  is  submitted. 

James  Otis  ^  order. 

In  Council  Read  and  Accepted,  and  Ordered  That  John  Wortliington  Esq""  with 
such  as  the  honourable  House  shall  join  be  a  Committee  for  the  purposes  in  said 
Report  mentioned,  to  make  report  at  the  next  Sitting  of  this  Court,  the  charge  of 
the  said  Committee  to  be  borne  as  the  said  Court  shall  order.  In  the  House  of  Rei> 
resentatives  Read  and  Concurred  and  Major  Hawley  and  Major  Day  are  joined  in 
the  Affair.    Consented  to  by  the  Governor." — Ibid.,  p.  5'11. 

"  June  18,  17G5.  In  the  House  of  Representatives.  A  Plan  of  the  Township  of 
Huntstown  taken  by  Eleazer  Nash,  Surveyor  and  Chaiumen  on  Oath,  bounded  as 
follows  viz'  begining  at  a  Maple  Staddle  and  heap  of  Stones  marked  thus  !>X  which 
stands  in  Deerlield  West  line  420  perch  from  their  Southwest  corner  on  the  course 
North  19°  East,  and  from  the  aforesaid  Maple  runs  North  1!>°  East  2180  perch  to  a 
Hemlock  tree  marked  9X  and  a  heap  of  Stones.  Thence  West  17  north  (i50  perch. 
Thence  West  3°  South  1615  perch  to  Hatfield  Grant,  The  same  being  Mayhew's 
Northeast  corner.  Thence  South  1050  perch.  Thence  East  22°  South  1714  perch  and 
closed  to  the  first  boundary  contains  23040  Acres,  Surveyed  August  1^'  1704,  one  Rod 
in  thirty  allowed  for  sag  of  Chain. 

Voted  that  the  said  plan  be  accepted,  and  the  Lands  therein  delineated  and  de- 
scribed be  Confirmed  to  the  proprietors  of  the  said  Hunts  Town,  their  Heirs  and 
Assigns:  provided  it  does  not  exceed  the  quantity  of  their  Grant,  nor  interfere  with 
any  former  grants. 

In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor." — Ibid.,  vol. 
XXri.,p.3\). 

Chap.  17.    See  note  to  1763-64,  chap.  10,  ante. 

Chap.  18.  "  June  12,  1764.  To  Sylvanus  Wing  the  sura  of  Sixteen  pounds.  Al- 
lowed by  the  General  Court  for  what  the  Town  of  Hanover  was  Ordered  to  pay  him 
in  the  Year  1761,  which  the  said  Town  hath  never  Complied  with  which  is  "to  be 
added  in  the  Province  Tax  next  Year  to  the  said  Town  of  Hanover."— Executive 
Eecords  of  the  Council,  vol.  5,  p.  320. 

"  June  11, 1765.    Resolved,  That  the  Province  Tax  laid  upon  the  Town  of  Ber- 
nard's Town  in  the  Years  1763  and  1764,  which  was  thirty  nine  Pounds  three  Shil- 
lings and  four  Pence,  be  remitted  to  them,  and  that  the  same  be  laid  on  the  following 
Towns  in  the  County  of  Hampshire,  this  present  Year,  from  whence  it  was  taken. 
On  the  Town  of  Springfield £4    17    8. 

Wilbrahara. 10    8. 

Northampton 5    18    4. 

Westfield 5    14    2. 

Deerfield '       .        5    14    2. 

Hatfield 5    18    4. 

Greenfield 2    17    4. 

Brimfield 4      2    2. 

South-Brimfield 1    12    0. 

Monson ,.        .        .        ,        18    6. 


£39      3    4. 

Further  Resolved,  That  the  Province  Tax  laid  on  Hunt's  Town  for  the  Years  1762, 

1763,  and  1764,  amounting  to  the  Sum  of  forty  two  Pounds  fourteen  Shillings  and 

nine  Pence  be  remitted  to  them,  and  laid  upon  the  following  Towns  this  present 

Year,  from  whence  they  were  taken. 

On  the  Town  of  Springfield £5    5    9 

Will)rahara 110 

Northampton 669 

Hatfield 669 

Brimfield       .        . 410 

South-Brimfield 259 

Deerfield 669 

Greenfield 333 

Westfield .        .        669 

Monson 1  11    0 

£42  14  9 
Further  Resolved,  That  the  Province  Tax  this  present  Year  on  Bernard's  Town 
be,  twelve  Pounds  seventeen  Shillings  and  six  Pence,  on  Hunt's  Town  be  nine 
Pounds,  on  Chesterfield,  five  Pounds,  on  Charlemont,  five  Pounds,  to  be  levied  on 
the  Polls  and  Estates,  iu  the  respective  Towns.  Sent  up  for  Concurrence." — House 
Journals,  1765-66,  p.  46. 

No  record  has  been  found  of  any  action  upon  these  resolves,  by  the  Council,  ex- 
cept in  the  act  itself.  For  the  proceedings  on  the  first  petition  from  Bernardston, 
see  note  to  176;>-64,  chap.  10,  ante. 

"  Oct.  30,  17()5.  In  the  House  of  Representatives.  Whereas  the  Sum  of  Three 
hundred  and  sixty  two  pounds,  eighteen  shillings  and  4|<i  was  ordered  to  be  appor- 
tioned and  assessed  on  the  Town  of  Stoughton  in  the  County  of  Suffolk  this  current 
year  as  their  proportion  of  the  Sum  of  Fifty  thousand  pounds  Province  Tax.  And 
whereas  afterwards  some  time  in  June  last  past  the  second  precinct  in  the  said  Town 
was  incorporated  into  a  separate  District  by  the  name  of  Stoughtonham;  but  no  cer- 
tain direction  or  order  then  passed  for  ascertaining  their  proportion  of  the  aforesaid 
Sum  of  Three  hundred  and  sixty  two  pounds,  eighteen  shillings  &  4f  whereby  some 


866  Pkovince  Laws. — 1765-66.  [Notes.] 

doubts  have  arisen  what  said  Districts  proportion  thereof  should  be.  Therefore  Re- 
solved that  the  said  District  be,  and  they  hereby  are  ordered  to  pay  the  Sum  of  one 
hundred  and  eighteen  pounds,  three  shillings  and  five  pence  two  farthings  a  part 
thereof,  and  that  the  Province  Treasurer  be  and  he  hereby  is  impowered  and 
directed  to  send  forth  his  Warrant  to  the  Selectmen  of  said  District  for  the  said  Sura 
accordingly;  and  to  the  Selectmen  of  the  Town  of  Stoughton  for  the  remaining  Sum 
of  Two  hundred  and  forty  four  pounds  fourteen  shillings  and  eleven  pence  J*!  only, 
the  same  to  be  their  proportion  in  all  other  future  Taxes;  and  that  the  County 
Treasurer  is  likewise  directed  to  send  out  his  Warrants  in  the  same  proportion.— In 
Council,  Read  and  Concurred.  Consented  to  by  the  Governor." — Council  Records, 
vol.  XXVI.,  23.  94. 

"  June  14,  17G6.  A  Petition  of  William  Hale  and  others  a  Committee  of  the  In- 
habitants of  Tyringham — Setting  forth  That  they  are  greatly  over  rated  to  the  Prov- 
ince Tax  the  last  year;  and  praying  an  abatement;  Whereuijou  the  following  Order 
passed  viz' — 

In  the  House  of  Representatives.  Whereas  it  appears  to  this  House  that  the  said 
Town  at  the  time  of  taking  the  general  Valuation  had  no  opportunity  to  return  a 
List  of  their  rateable  Polls  and  Estates.  Therefore,  Resolved,  That  the  said  Town 
have  leave  to  return  such  List  to  this  House  at  the  next  Winter  Session,  to  which 
time  their  Petition  and  all  matters  relative  thereto  is  referred.  In  Council,  Read 
and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  25G. 

"  June  24,  176G.  A  Petition  of  Ezckiel  Wood  Agent  for  the  Town  of  Uxbridge 
praying  that  in  consideration  of  the  great  charge  they  have  been  at  within  two 
years  last  past,  and  gi-eat  loss  of  Inhabitants  in  the  year  1762  by  a  mortal  and  dis- 
tressing distemper,  with  the  expence  and  damage  consequent  thereon;  the  Fine 
laid  on  said  Town  the  last  year  for  not  sending  a  Representative  may  be  remitted. 

In  the  House  of  Rej^resentatives,  Read  and  Ordered  that  the  prayer  of  this  Peti- 
tion be  granted:  and  that  the  Treasurer  be  &  hereby  is  directed  to  pay  unto  M' 
Ezekiel  Wood  for  the  use  of  the  said  Town  of  Uxbridge  the  Sum  of  Ten  pounds  a 
Fine  laid  on  thera  by  this  House  for  neglecting  to  send  a  Representative  the  last 
year.  In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor." — Ibid., 
2).  281. 

"  June  24, 1766.  A  Petition  of  Ebenezer  Child  and  others  assessors  of  the  Town 
of  Shutesbury — Setting  forth — That  in  the  year  17().5  they  assessed  the  Inhabitants 
of  said  Town,  but  neglected  giving  a  Warrant  to  the  Constables  for  collecting  the 
same  until  Other  Constables  were  chosen  the  next  Year:  and  praying  that  they 
may  be  authorised  to  issue  their  Warrants  to  the  Constables  for  the  said  Year,  and 
that  such  Warrant  be  accounted  valid. 

In  the  House  of  Representatives.  Resolved  that  the  prayer  of  this  Petition  be 
granted,  and  that  the  assessors  of  the  Town  of  Shutesbury  for  the  year  1765  be  and 
hereby  are  iinpowered  and  directed  to  issue  their  Warrants  for  collecting  the  Town 
&  County  Tax  committed  to  the  Constables  of  the  said  Town  of  Shutesbury  for 
the  year  17()5  to  collect,  notwithstanding  the  time  being  elapsed  for  issuing  the 
same:  and  the  Constables  for  the  year  1765  are  also  hereby  directed  and  impowered 
to  observe  the  same,  and  to  compleat  their  Collections,  and  pay  in  the  same  as  by 
their  said  Warrant  they  shall  be  required  and  directed.  In  Council,  Read  and  Con- 
curred.   Consented  to  by  tlie  Governor." — Ibid.,  p.  282. 

"  Nov.  4,  1766.  A  Petition  of  Jonathan  Williamson  and  Others,  a  Committee  of 
the  Town  of  Pownallborough— Setting  forth — That  the  said  Town  at  their  annual 
March  Meeting  in  1765.  agi-eed  to  give  two  shillings  in  the  pound  to  any  two  Men 
that  would  agree  to  collect  the  Taxes  of  that  year  and  give  security  therefor. 
Whereupon  Job  Averel  and  Obadiah  Call  offered  themselves  and  were  Accepted; 
Tnit  said  Call  being  not  legally  warned  to  take  the  Oath  of  Office,  did  afterwards 
when  the  Assessors  offered  him  the  Rate  Bills,  refuse  to  take  them,  and  they  are 
not  now  by  Law  enabled  to  Choose  another  Collector.  Therefore  praying  that  this 
Court  would  enable  them  now  to  choose  another  Collector  in  the  room  of  said  Call, 
or  otherwise  relieve  them — 

In  the  House  of  Representatives  Resolved  that  the  Prayer  of  this  Petition  be 
so  far  granted  as  That  the  Town  of  Pownallborough  be,  and  are  hereby  impowered, 
being  legally  assembled  for  that  purpose  to  choose  a  Collector  to  collect,  the  Taxes 
that  should  have  been  collected  the  last  year  on  the  Western  Side  of  the  Said  Pow- 
nallborough, the  time  for  choosing  Town  Officers  being  elapsed  notwithstanding. 
In  Council  Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  ."09. 

"  Nov.  5,  1766.  A  Petition  of  the  Selectmen  and  Assessors  of  the  Town  of  Free- 
town—Setting forth — That  one  William  Terry  was  chosen  Constable  in  the  Year 
1763.  and  sworn  accordingly,  but  before  he  had  collected  any  part  of  the  Taxes 
which  were  committed  to  him  the  same  amounting  to  £90. 4.  8  he  removed  out  of 
Town:  and  as  they  have  no  legal  Power  to  choose  any  person  to  collect  the  said 
Sum  praying  that  they  may  be  impowered  by  this  Court  for  that  purpose — 

In  the  House  of  Representatives.  Resolved  That  the  Prayer  of  the  Petition  be 
granted:  and  that  the  Town  of  Freetown  be  and  hereby  are  impowered,  being 
legally  assembled  for  that  purpose  to  choose  a  Collector  to  collect  the  Sum  of  Ninety 
pouiuis  four  shillings  and  eight  pence  which  was  the  Sum  apportioned  to  William 
Terry  of  said  Freetown,  who  was  chosen  one  of  the  Constables  of  said  Town  the 
last  year,  the  said  William  Terry  having  removed  out  of  the  Province.  In  Council 
Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  312. 

"  Nov.  7,  17(i6.  In  the  House  of  Representatives.  Whereas  Since  the  passing  of 
the  last  Tax  Act,  a  part  of  the  Town  of  Falmouth  in  the  County  of  Cumberland 
has  been  erected  into  a  District  by  the  name  of  Cape  Elizabeth,  but  no  rule  or 
method  has  been  since  prescribed  for  assessing  the  Inhabitants  and  Estates  in  said 
Town  and  District  respectively,  their  proportion  of  the  public  Taxes.    Resolved 


[Notes.]  Province  Laws.— 1765-66.  867 

that  the  said  Town  and  District  shall  and  do  in  conjunction  Assess  the  rateable  In- 
habitants and  Estates  of  both  according  to  the  rules  perfixed  and  set  by  the  last  Tax 
Bill  for  the  making  Public  Taxes  &  commit  the  same  to  the  several  Constables  and 
Collectors  of  the  said  Town  and  District  to  be  by  them  severally  collected  and  paid 
into  the  Province  Treasury  according  as  they  shall  receive  the  Treasurers  Warrant, 
which  they  are  hereby  enjoined  to  do,  and  the  said  Assessors  are  hereby  respec- 
tively directed  and  enjoined  to  return  to  this  Court  a  true  and  perfect  List  of  the 
Poles  and  Estates  by  Law  rateable  to  the  Public  Taxes  at  their  next  Session  in 
order  to  the  said  Courts  making  a  proper  Order  for  their  being  hereafter  severally 
Taxed  by  their  several  Assessors  In  Council  Read  and  Concurred  Consented  to 
by  the  Governor." — Ibid.,  p.  315. 

"  Mar.  9,  17G7.  A  Petition  of  the  Inhabitants  of  the  Town  of  Tyringham  Pray- 
ing to  be  relieved  with  regard  to  their  Taxes  as  entered  the  14"'  June  last. 

In  the  House  of  Representatives.  Ordered  that  the  consideration  of  this  Peti- 
tion be  referred  until  next  May  Session,  that  the  Petitioners  may  have  opportunity 
to  return  a  List  of  their  rateable  polls  and  Estate  by  which  the  Assessors  of  the 
Town  of  Tyringham  made  their  Assessments  in  the  year  17G1.— In  Council,  Read 
and  Concurred." — Ibid.,  p.  451. 

Chap.  20.  "  Feb.  6,  17G2.  A  Petition  of  Thomas  Foster  and  Edward  Winslow 
Esqi's  Agents  for  the  Town  of  Plymouth— Setting  forth,  That  the  Beach  in  said 
Town  commonly  called  Plymouth  Beach  by  the  many  and  repeated  Storms  the  last 
Fall  is  in  great  danger  of  being  washed  away,  that  even  common  tides  now  flow 
over  many  parts  of  it,  and  that  if  something  be  not  done  speedily  to  secure  it,  the 
Harbour  must  be  entirely  destroyed.  That  this  is  a  matter  which  affects  not  only 
the  Town  of  Plymouth,  but  the  Province  in  general,  as  there  is  no  Harbour  be- 
tween Boston  and  Cape  Cod  but  this  for  Vessels  to  put  into  in  bad  Weather;  and 
the  expence  of  securing  it  would  be  too  great  for  the  Town  to  undertake — And 
Praying  for  some  Assistance  from  the  Government. 

In  the  House  of  Representatives  Read  and  Ordered,  That  M^  Speaker  and  Col" 
Clapp,  with  such  as  the  honourable  Board  shall  join  be  a  Committee  to  repair  to 
Plymouth  view  the  Harbour  on  the  South  and  North  side  and  report  at  the  next 
May  Session  what  they  judge  proper  for  this  Court  to  do  theieon."— Council  Rucords, 
vol.  XXIV.,  p.  235. 

"  Feb.  11,  1763.  The  Committee  appointed  the  6*  of  February  17G2  on  the  Peti- 
tion of  Thomas  Foster  and  Edward  Winslow  Esq^s  made  the  following  Report  Viz' 
The  Committee  to  whom  was  referred  the  Petition  of  Thomas  Foster  and  Edward 
Winslow  Esq"^  relating  to  Plymouth  Beach  have  attended  that  Service,  viewed  the 
said  Beach,  and  find  that  the  Beach  aforesaid  which  makes  Plymouth  Harbour  is 
as  we  judge  about  four  miles  long.  That  the  Meadows  at  the  entring  on  to  said 
Beach  has  been  much  daranifyed  by  the  Sea  washing  over  in  high  tides  and  storms 
into  the  Harbour  at  divers  places  for  near  a  mile,  That  at  divers  other  places  the 
Sea  has  run  over  said  Beach  into  said  Harbour  for  near  two  miles.  That  the  Own- 
ers of  said  Meadow  have  been  at  considerable  charge  to  defend  their  Marsh  by  rais- 
ing said  Beach,  and  as  we  are  informed  they  design  to  make  it  secure.  That  the 
above  Beach  to  the  Northward  and  more  directly  against  the  Harbour  for  near  two 
miles  at  several  places  is  greatly  damnifyed  by  the  Sea  running  over  it  as  aforesaid; 
and  the  Harbour  it  is  probable  will  be  ruined  if  said  Beach  is  not  secured.  That  the 
charge  in  securing  and  well  defending  the  same,  we  judge  will  be  near  Five  hundred 
pounds,  which  will  be  hard  for  said  Town  of  Plymouth  to  pay;  and  as  the  ad- 
vantage of  having  said  Harbour  secured  will  be  of  great  service  to  said  Town  of 
Plymouth  and  to  Seafaring  People  in  general  who  trade  in  this  Province,  We  appre- 
hend that  for  the  encourageing  said  Town  in  this  Work,  the  sum  of  two  hundred  and 
fifty  pounds  ought  to  be  allowed  them  by  said  Province,  and  that  said  Town  be 
enjoined  to  raise  the  like  sum  for  the  Service  aforesaid  to  be  under  such  directions 
and  limitations  as  shall  be  judg'd  convenient,  and  that  the  Agents  for  the  Town  of 
Plymouth  have  leave  to  bring  in  a  Bill  accordingly.  Jno  Gushing  #**  order 

In  Council  (Feb:  9)  Read  and  sent  down  In  the  House  of  Representatives  Read 
and  not  Accepted,  And  Ordered  That  the  Petition  referred  to  be  dismissed— Sent 
up  for  Concurrence." — Ibid.,  p.  570. 

"  June  7, 1764.  A  Petition  of  Thomas  Foster  Esq'  Agent  for  the  Town  of  Plymouth 
Setting  forth,  That  in  the  year  1762,  they  preferred  a  Petition  to  the  General  Court, 
representing  the  danger  of  the  Harbour  in  said  Town  being  ruined  by  the  Breaches 
made  by  the  Sea  on  the  Beach  which  is  the  Security  of  the  said  Harbour;  that  a 
Committee  was  thereupon  appointed  to  view  the  same,  who  reported  That  it  would 
require  Four  hundred  pounds  to  secure  the  said  Beach,  two  hundred  pounds  Avhere- 
of  they  were  of  opinion  should  be  paid  by  the  Government  provided  the  Town  of 
Plymouth  raised  and  applied  two  hundred  pounds  more  for  that  purpose;  which 
Report  was  continued  over  to  the  Session  of  the  General  Court  in  December  last, 
when  the  Petition  and  Papers  were  burnt  with  the  College:  Since  which  the  said 
Beach  has  been  greatly  damnified  by  a  heavy  Storm  in  April  last.  And  Praying 
that  the  matter  may  be  now  considered,  and  Relief  granted. 

In  the  House  of  Representatives  Read  and  Resolved  That  the  sum  of  Two  hundred 
pounds  be  allowed  and  paid  out  of  the  Public  Treasury  to  the  Petitioner,  for  the  use 
of  the  said  Town,  to  enable  them  to  repair  and  secure  the  Beach  and  Harbour  men- 
tioned in  this  Petition:  And  that  the  said  Town  of  Plymouth  render  an  account  to 
the  Great  and  General  Court,  of  the  said  monies,  and  that  M^  Otis  and  M""  Witt 
with  such  as  the  honorable  Board  shall  join  be  a  Committee  to  repair  to  the  Beach 
and  Harbour  mentioned  in  the  Petitioji,  and  re]iort  what  the  whole  Cost  thereof  will 
amount  to,  and  what  part  of  it  shall  be  borne  by  the  Province,  &  what  by  the  said 
Town  of  Plymouth. 


868  Province  Laws.— 1765-66.  [Notes.] 

In  Council  Read  and  Concurred  and  James  Otis  Esq""  is  joined  in  the  Affair, — 

Consented  to  by  tlie  Governor."— 76/r?.,  vol.  XXV.,  p.  238. 

"  June  22,  17(35.  In  the  House  of  Representatives.  Resolved  that  the  Town  of 
Plymouth  raise  the  sum  of  Two  hundred  pounds,  which  Sum  together  with  the 
Two  hundred  pounds  granted  by  this  Court  in  June  last  and  now  in  the  hands  of 
Thomas  Foster  Esq^  be  immediately  applied  to  the  repairing  the  Harbour  of  Plym- 
outh agreable  to  such  directions  as  Trustees  appointed  by  the  said  Town  shall  think 
proper.  And  in  case  the  Town  refuse  to  raise  the  said  Sum,  then  that  Thomas 
Foster  Esq"^  pay  into  the  Province  Treasury  the  aforesaid  Sum  of  Two  hundred 
pounds  on  or  before  the  second  Monday  of  the  next  Session  of  this  Court;  and  in 
case  the  said  Sums  of  Four  hundred  pounds  should  be  more  than  sufficient  for  the 
aforesaid  purpose,  then  the  Town  and  Province  Money  be  paid  in  equal  proportion, 
and  the  surplusage  of  the  Two  hundred  pounds  be  returned  into  the  Province 
Treasury.  And  that  the  said  Trustees  keep  a  fair  Account  of  all  expences,  and  make 
return  to  this  Court  as  soon  as  the  work  is  conipleat,  or  when  the  Court  order  such 
Account  to  be  rendred.  In  Council,  Read  and  Concurred.  Consented  to  by  the 
Governor."— 26/d.,  vol.  XXri.,p.  57. 

Chap.  21.  "  At  the  last  Session  of  the  General  Assembly  A  Bill  was  prepared  to 
he  brought  into  the  House  to  raise  by  Lottery  a  sum  of  Money  in  addition  to  the 
sum  of  £4250  before  granted  by  the  General  Assembly  to  erect  a  new  building*  for 
the  use  of  the  College  at  Cambridge  in  this  Province.  The  case  was  this.  By  the  in- 
crease of  the  Students  of  the  College  there  have  been  of  late  near  80  more  than  can 
be  lodged  &;c.  in  the  College,  in  consequence  of  which  some  disorders  have  arisen 
which  have  been  irremediable,  whilst  a  considerable  part  of  the  Collegians  have 
been  for  the  greatest  part  of  their  time  not  subject  to  the  inspection  of  their  Gov- 
ernors. The  obvious  remedy  for  this  was  the  bringing  them  all  within  the  walls  of 
the  College,  for  which  purpose  upon  an  application  from  the  College,  the  Assembly 
granted  the  sum  of  £4250,  being  the  precise  estimate  of  a  building  to  contain  lodg- 
ings for  64  Students. 

Upon  a  further  consideration  of  this  Scheme,  it  was  found  that  something  more 
than  mere  lodgings  were  wanting,  particularly  an  addition  to  the  Dining  Hall,  which 
•was  not  capable  of  receiving  an  additional  number.  It  has  therefore  been  thought 
expedient  to  add  the  Library  (which  at  present  adjoins)  to  the  Hall  and  build  a  new 
Library  in  the  new  building.  It  was  impossible  to  ask  the  Assembly  (after  the 
former  ample  beneficence)  to  contribute  a  further  sum  for  this  new  Expence,  and 
therefore  the  expedient  of  a  lottery  was  the  only  one  that  could  be  resorted  to. 

This  being  the  case  I  should  have  made  no  doubt  of  consenting  upon  general  prin- 
ciples, nor  does  it  seem  to  fall  within  the  rules  which  Your  Lordships  have  laid  down 
in  your  exceptions  to  the  former  Lottery  Bills,  But  as  in  consequence  thereof  Your 
Lordships  laid  a  general  injunction  upon  me  not  to  pass  any  more  Lottery  Bills,  I 
prevailed  on  the  Gentlemen  concerned  not  to  bring  in  this  Bill,  untill  1  had  time  to 
lay  the  case  before  your  Lordships  and  obtain  from  you  a  relaxation  of  that  injunc- 
tion in  this  Case,  or  rather  a  declaration  that  the  rule  of  reasoning,  upon  which  your 
Lordships  disapproved  of  the  raising  the  money  by  Lotteries  for  making  bi'idges, 
mending  roads  &c.  matters  due  from  the  Community  either  of  the  County  or  Town- 
ship does  not  extend  to  this  Case.  If  there  is  any  case  wherein  a  Lottery  may  be 
said  to  be  lawful  and  advisable  the  providing  for  the  education  of  youth  in  the  higher 
path  of  learning,  for  which  the  generality  of  the  People  are  no  ways  obliged  to  con- 
tribute, is  one.  Upon  this  Principle  the  Academy  at  Philadelphia  has  received  great 
part  of  its  support  from  an  annual  lottery.  And  lately  when  a  scheme  was  formed 
for  cutting  off  that  resource  by  a  general  Act  against  lotteries,  it  was  thought  more 
advisable  to  allow  a  general  licence  for  lotteries  of  all  kinds  (abused  as  it  was  sure 
to  be)  than  to  suffer  a  learned  seminary  to  be  defeated  of  a  considerable  part  of  its 
usual  income.  For  these  reasons  it  is  much  more  to  be  hoped  that  Your  Lordships 
will  allow  me  (who  am  under  no  other  injunction  than  a  signification  of  your  Lord- 
ships sentiments  upon  lottery  bills  of  another  kind)  to  consent  to  this  Bill  for  the 
benefit  of  a  Society  well  deserving  Your  Lordships  favour,  which  is  neither  like  to 
be  abused  or  repeated."— Gov.  Bernard  to  Lords  of  Trade,  Oct.  21, 1762:  "Mass.  Bay, 
B.  T.,"  vol.  78,  L.  I.,  41. 

"  Mondav  December  20'h  1762. 

At  a  Meeting  of  His  Maj'y'^  Commiss"  for  Trade  and  Plantations. 

Present 

Lord  Sandys 

M>-  Jenvns.  M""  Bacon. 

Mr  Y"orke.  S^^  Edm<i  Thomas. 

♦  ««»«* 

Read  a  letter  from  the  Gov^  of  the  Massachusetts  Bay  dated  21st  of  Ocf  1762  in- 
closing the  sketch  of  a  Bill  for  raising  money  by  a  Lottery,  for  the  use  of  Harvard 
College  in  Cambridge  within  that  Province  and  desiring  the  Board's  permission  to 
assent  to  such  a  Bill. 

Their  Lordships  upon  consideration  of  the  said  Letter  and  Bill  and  the  utility  & 
propriety  of  the  service  for  which  it  provides  were  of  opinion,  that  the  Governor 
should  be  directed  to  assent  to  such  a  Bill  as  is  proposed  and  a  Letter  to  him,  signify- 
ing the  Board's  opinion  was  ordered  to  be  prepared." — "  Trade  Papers,"  vol.  64, 
p.  316. 

•'  "We  have  received  your  letter  to  us  of  the  12*  of  October  inclosing  heads  of  a  Bill 
for  raising  a  sum  of  money  by  Lottery  to  compleat  an  additional  Hall  for  the  use  of 
Harvard  College  in  Cambridge  and  tho'  We  are  still  of  opinion  that  Lotteries  in  the 
American  Colonies  ought  [not  ?]   to  be  countenanced   and  are  fully  convinced 

♦  Hollifl  Hall. 


[Notes.]  Province  Laws. — 1765-66^  869 

that  the  too  frequent  practice  of  such  a  mode  of  raising  money  will  be  iutroductive 
in  great  mischief,  Yet  in  consideration  of  the  general  Propriety  and  utility  of  the 
service  to  be  provided  for  by  this  Bill,  We  have  no  objection  to  your  passing  it  into 
a  Law,  desiring  at  the  same  time,  that  it  may  be  understood  that  such  a  permission 
shall  not  be  drawn  into  precedent  in  any  other  case  whatever." — Lords  of  Trade  to 
Gov.  Bernard,  Dec.24, 1762:  "Mass.  Bay,  B.  T.,"  vol.  86, p.  148. 

"  Near  three  years  ago  I  was  applied  to  to  pass  a  Lottery  Bill  for  raising  a  sum  of 
money  to  build  a  Library  and  Philosophy  Rooms  for  the  use  of  tbe  College,  which 
were  to  be  made  the  centre  of  a  building  for  lodging  Students  then  being  to  be 
erected  at  the  expence  of  the  Province.  As  Your  Lordships  at  that  time  had  ex- 
pressed your  disapprobation  of  the  frequent  Lottery  Bills  passed  here,  I  chose  to 
submit  this  matter  to  Your  Lordships  before  I  jiassed  the  bill,  and  I  immediately 
received  Your  Lordships  approbation  of  it.  When  that  came  to  hand,  it  was  thought 
more  advisable  to  keep  this  building  detached  from  lodging  rooms  than  to  join  it  to 
them,  upon  accouut  of  the  danger  from  fire:  it  was  therefore  postponed  till  the  other 
building  was  finished.  In  the  Winter  Session  in  1764  a  Bill  was  prepared  for  this 
purpose,  but  before  it  could  be  brought  in,  the  old  Harvard  College,  containing  the 
Hall,  the  Library  and  the  Apparatus  Room  &c.  was  burnt  down.  As  this  happened 
whilst  the  General  Court  was  sitting  in  these  rooms  (the  smallpox  prevailing  at 
Boston)  and  by  means  of  the  fires  kept  for  them;  the  House,  upon  my  recommen- 
dation, generously  undertook  to  rebuild  the  whole.  There  were  in  the  old  building 
some  lodging  chambers:  but  it  being  now  judged  expedient  to  take  hold  of  this  op- 
portunity to  have  all  the  public  rooms  of  the  College  brought  under  one  roof, 
secured  from  fire  and  therefore  detached  from  lodging  rooms,  I  engaged  with  the 
Committee  appointed  to  conduct  this  building  that  if  they  would  include  in  it  a 
Library  an  Experimental  Philosophy  Room  &c  I  would  consent  to  a  Lottery  Bill  to 
build  lodging  rooms  in  lieu  of  the  Library  &c.  This  was  agreed  to,  and  accordingly 
a  Magnificent  Building  has  been  erected  and  is  nearly  finished  containing  an  Hall  a 
Chappie,  a  Library,  a  Philosophy  School,  two  other  Schools  and  an  Observatory  in 
a  Cupola,  together  with  a  compleat  set  of  Offices  in  a  base  floor  running  under  the 
whole.  And  now  this  Act  is  brought  in  to  raise  money  to  build  lodging  rooms 
■which  have  been  lost  to  the  College  by  bringing  all  the  public  rooms  together. 

I  have  thought  proper  to  give  Your  Lordships  this  detail,  that  it  may  appear  that 
I  pass  this  Act  in  pursuance  of  leave  obtained  from  Your  Lordships  above  two  years 
ago  and  also  whence  arose  the  delay  of  it  and  the  alteration  of  its  purposes." — Gov. 
Bei-nard  to  Lords  of  Trade,  July  15, 1765:  Ibid.  vol.  78,  L.  L,  85. 

See,  also,  note  to  1759-60,  chapter  35,  ante. 

"  The  night  after  the  24th  of  January,  the  building  called  the  old  college  was  en- 
tirely consumed  by  fire,  which  began  in  the  library,  the  room  where  the  council  had 
sat  the  evening  before.  A  very  large  collection  of  books,  but  the  greatest  part  of 
them  not  very  valuable,  together  with  the  apparatus  for  the  use  of  the  professor  of 
natural  and  experimental  philosophy,  were  wholly  lost.  A  much  better  building  was 
erected  at  the  charge  of  the  province,  planned  by  the  governor,  who  was  a  very  in- 
genious architect,  and  a  much  more  valuable  library  and  apparatus  were  supplied 
by  publick  and  private  donations." — Hutchinson's  Hist.  Mass.  Bay,  vol.  3,  p.  105. 

Chap,  22.  "  Jan  20,  1764.  The  following  Order  passed  on  the  Petition  of  the 
Proprietors  of  Windham  viz'  In  the  House  of  Representatives  Ordered  that  the  said 
Proprietors,  be,  and  hereby  are  enabled  to  make  the  Exchange  desired  and  men- 
tioned in  the  Petition,  and  the  Committee  of  the  Proprietors,  and  the  Rev<i  M^  Peter 
Thacher  Smith  are  hereby  impowered  to  make  and  execute  proper  deeds  for  ex- 
changing and  vesting  the  respective  Intrests  as  prayed  for.  In  Conncil."  —Ibid., 
vol.  XXV., p.  140. 

Chap.  23.  "  June  2, 1764.  A  Petition  of  the  Proprietors  of  Murrayfield — Praying 
that  the  Settlers  admitted  therein,  may  from  time  to  time  be  impowered  to  call 
Meetings  in  order  to  agree  upon  proper  methods  to  settle  the  Gospel  Ministry  among 
them  and  to  transact  any  other  business  that  may  be  necessary. 

In  Council  Read  and  Ordered  That  the  Petitioners  have  liberty  to  bring  in  a  Bill 
for  the  purposes  mentioned. 

In  the  House  of  Representatives  Read  and  Concurred." — Council  Records,  vol. 
XXV.,  p.  213. 

"  June  11,  1766.  A  Petition  of  Timothy  Paine,  John  Chandler,  John  Murray  and 
Abijah  Willard  Esqr^  Setting  forth  That  in  June  1762  they  purchased  a  Tract  of 
Land  of  the  Government  for  a  Township,  since  which  they  admitted  James  Otis 
Esq""  as  a  partner  to  one  fifth  of  three  fourths;  that  the  same  is  now  incorporated 
into  a  Town  by  the  name  of  Murrayfield,  and  that  they  have  nearly  complyed  with 
the  Conditions  of  Settlement;  but  that  they  have  no  absolute  Grant  from  the  Gov- 
ernment, which  prevents  them  giving  a  Title  to  purchasers,  who  appear  to  buy  Lots 
of  Land  in  said  Township.  And  praying  that  the  s'^  Town  may  be  confirmed  to  the 
said  Timothy  Paine,  John  Chandler  John  Murray  and  Abijah  Willard  viz'  to  the  said 
Timothy  Paine,  John  Chandler  and  John  Murray  each  one  fifth,  to  the  said  Abijah 
Willard  one  fourth,  and  to  the  said  James  Otis  one  fifth  of  three  fourths. 

In  the  House  of  Representatives.  Resolved  That  the  Township  mentioned  in  the 
within  Petition  be  granted  and  confirmed  to  the  Petitioners  in  the  following  propor- 
tion viz'  to  the  said  Timothy  Paine,  John  Chandler  and  John  Murray  each  one  fifth 
part  thereof:  to  the  said  Abijah  Willard  one  fourth  part  thereof;  and  to  the  said 
James  Otis  one  fifth  of  three  fourths  thereof,  to  them,  their  Heirs  and  Assigns  forever, 
they  compleating  the  Settlement  thereon  originally  enjoined. 

In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor."— 76 id.,  vol. 
XXVI.,  p.  219. 


870  Province  Laws. — 1765-G6.  [Notes.] 

By  an  order  in  Council,  of  December  3, 1760,  the  Lords  of  Trade  were  directed  to 
consider,  and,  from  time  to  time,  to  report  tlieir  opinion  upon,  all  acts  then  before 
them  or  which  should  thereafter  be  transmitted  to  them.  In  accordance  with  this 
order,  they  reported,  April  16,  1767,  upon  all  such  acts,  including  "  eighteen"  acts 
incorporating  "  plantations  into  townsliips."  As  no  list  of  the  titles  of  these  acts  is 
given  with  the  report,  it  is  difficult  to  determine  just  what  acts  were  included  in  the 
eighteen  acts  referred  to.  By  taking  only  such  acts  as  expressly  incorporated 
*'  plantations  "  into  towns,  including  the  seven  acts  passed  from  January  to  June, 
17()2,  which  were  considered  by  the  Lords  of  Trade  in  their  letter  to  Gov.  Bernard 
(see  note  to  1702-63,  chapter  8,  ante),  and  also  the  present  chapter,  the  number  is  just 
eighteen;  but, although  the  seven  acts  above  mentioned  were  ordered  "to  lye  by 
probationary,"  all  questions  relating  to  tliem  would  seem  to  have  been  settled  in 
the  correspondence  alluded  to,  and  by  subsequent  lapse  of  time.  If  all  the  newly 
incorporated  towns  are  included,  except  such  as  were  made  from  other  towns,  or 
such  as  were  denied  the  right  of  representation,  by  their  acts  of  incorporation,  the 
number,  exclusive  of  the  seven  which  have  already  been  considered,  cannot  be  in- 
creased to  eighteen  without  including  Pownalborough  (1759-60,  chapter  23)  and 
Pittsfield  (1760-61,  chapter  34),  for  which  there  seems  to  be  no  stronger  reason  than 
for  including  the  seven  towns  incorporated  in  1762. 

The  towns,  with  the  privilege  of  representation,  incorporated  since  "Windham 
(1762-63,  chapter  8),  which  is  the  last  of  the  seven  acts  above  mentioned,  are  nine- 
teen; viz.,  Bowdoinham,  "Warwick,  Wilbraham,  Newburyport,  Topsham,  Fitch- 
burg,  "Winchendon,  Gorham,  Boothbay,  Royalston,  Ashburnham,  Williamstown, 
Bristol,  Ashfield,  Lanesborough,  Charlemont,  Tlichmont,  Becket  and  Murraytield: 
but  of  these,  Wilbraham  and  Fitchburg  (176:3-64,  chapters  '.)  and  30)  were  joined,  in 
the  choice  of  representatives,  with  the  towns  from  which  they  Avere,  respectively, 
set  off,  so  as  not  to  increase  the  number  of  representatives  to  be  chosen;  while 
Newburyport  (1763-64,  chapter  20),  for  the  same  reason,  was  authorized  to  choose  one 
of  the  representatives  previously  allowed  to  Newbury. 

It  is  possible  that  tlie  act  incorporating  Murrayfield,  although  it  had  been  re- 
ferred to  the  Lords  of  Trade  by  the  committee  on  plantation  affairs  as  early  as 
March  11,  1760,  and  had  been  sent  by  them  to  Sir  Matthew  Lamb,  and  returned  by 
him  with  his  opinion  thereupon,  October  29, 1766,  and  so  was,  properly,  within  the 
description  of  acts  reported  upon  as  above,  may,  nevertheless,  have  been  omitted 
from  the  list.    This  would  reduce  the  number  to  eighteen. 

The  following  is  the  portion  of  the  report  which  relates  to  the  acts  incorporating 
towns  with  the  privilege  of  choosing  representatives  to  tlie  General  Court: — 

"  It  remains  now  for  us  to  observe  to  Your  Majesty  upon  various  Acts  which  have 
been  passed  in  this  Province  for  erecting  and  incorporating  sundry  Plantations  into 
Townships.  There  is  no  occasion  as  we  conceive,  for  us  to  recite  these  several 
Laws,  which  are  eighteen  in  number,  inasmuch  as  they  are  all  in  their  nature  and 
consequence  exactly  similar  and  as  such  liable  to  one  and  the  same  objection. 

By  these  Acts  for  the  institution  of  Townships,  the  said  Towns  become  thereby 
invested  with  all  the  privileges  powers  and  immunities  that  Towns  in  this  Prov- 
ince by  law  enjoy  of  sending  Representatives  to  the  General  Assembly. 

By  the  Charter  granted  by  their  Majesties  King  William  and  Queen  Mary  every 
Town  is  empowered  to  elect  two  persons  to  serve  for  and  represent  them  in  the 
General  Assembly;  This  Privilege  by  an  Act  of  Assembly  passed  in  the  4"i  Year  of 
the  same  reign  is  limited  to  a  stated  number  of  Freeholders;  According  to  these 
restrictions  no  Town  is  allowed  to  send  two  Members  but  what  has  one  hundred  and 
twenty  freeholders ;  Every  Town  that  has  forty  freeholders  is  obliged  to  send  one 
Kepresentative ;  a  Town  that  has  above  thirty  and  under  forty  Freeholders  may  send 
a  Representative  or  not  as  they  please,  and  a  Town  under  thirty  Freeholders  may 
send  a  Representative  or  join  with  the  next  in  the  choice  of  one. 

By  these  Regulations  it  follows  that  every  Township  thus  instituted  by  Act  of  the 
Legislature  of  that  Province  becomes  of  course  entitled  to  such  privileges  as  other 
Towns  therein  have  and  do  by  Law  enjoy,  even  altho'  the  Act  for  their  institution  is 
silent  in  regard  to  their  being  represented.  When  therefore  such  a  Township  has  a 
sufficient  number  of  Freeholders,  it  becomes  entitled  to  a  Precept  as  a  matter  of 
right  and  should  every  Town  avail  itself  of  such  its  right  and  privilege  to  send  Rep- 
resentatives, the  nurnber  of  that  body  is  capable  of  a  very  considerable  increase, 
even  tho'  there  were  no  new  erected  Townships  to  contribute  to  it  whilst  at  the 
same  time  Your  Majesty's  Council  in  the  said  Province  are  limited  and  confined  to 
a  fixt  and  very  disproportionate  number. 

This  being  the  state  of  the  Case  these  Acts  for  erecting  so  many  new  Townships 
appear  to  us  to  lead  to  inconveniences  arising  from  too  great  an  increase  of  the 
number  and  influence  of  the  Representative  Body  and  from  a  disproportion  of  the 
other  Branches  of  the  Legislature,  and  We  could  wish  that  some  proper  methods 
might  be  devised  for  limiting  and  restraining  the  general  number  of  Representa- 
tives. 

By  what  means  these  Purposes  can  be  best  accomplished,  whether,  as  the  Gov- 
ernor suggests  in  his  letter  to  us  of  the  .30*  of  April  1763  by  enlarging  the  number 
of  Freeliolders  that  shall  give  a  Town  a  right  to  send  one  Member,  and  by  joining 
others  together  in  the  choice  of  one  Representative  who  have  not  such  a  Number,  as 
many  already  are,  or  whether  by  proposing  an  Act  of  Assembly,  ordaining  that  no 
Towns  shairbe  incorporated  to"  send  Members  but  what  have  the  full  number  of 
Inhabitants  according  to  the  first  regulation  of  the  Chavter,  or  by  what  other  rule 
and  method  of  proceeding  are  points  which  must  be  left  to  the  wisdom  of  Your  Maj- 
esty and  Your  Council  to  consider  and  determine  thereupon;  And  We  humbly 
submit  to  Your  Majestj-  whether  this  is  not  a  case  that  does  from  the  nature  and 
importance  of  it  require  immediate  attention;  It  being  represented  to  us  by  Your 


[Notes.]  Province  Laws. — 1765-66.  871 

Maj'y'^  Governor  that  the  number  of  Representatives  who  compose  tTie  Assembly  of 
that  Province  and  who  at  the  time  of  granting  the  Charter  amounted  only  to  Eighty 
four  are  now  increased  to  upwards  of  One  hundred  and  eighty." — "  Plaidations,  Gen- 
eral," B.  T.,  vol.  42,  p.  1)1,  in  Public- Racovd  Office. 

Chap.  25.  "  June  7, 1759.  A  Petition  of  Ezekiel  Cushing  and  a  great  number  of 
Others  of  the  second  Church  and  Parish  in  Falmouth — Setting  forth  the  disorderly 
proceedings  in  the  settlement  of  M^  Ephraim  Clark  as  a  minister  in  said  Parish, 
whom  they  look  on  as  unqualified  and  unfit  for  said  Office.  And  praying  that  they 
may  be  exempted  from  Taxes  for  his  Support,  and  have  liberty  to  join  with  the  first 
Parish  in  Falmouth,  or  be  otherwise  releived. 

In  the  House  of  Representatives,  Read  and  Ordered  That  the  Petitioner  serve  the 
Clerk  of  the  second  Parish  in  Falmouth  with  a  Copy  of  this  Petition,  that  they  shew 
cause  (if  any  they  have)  on  the  second  Friday  of  tlie  next  Sitting  of  this  Court  why 
the  Praver  thereof  should  not  be  granted.  In  Council.  Read  and  Concurred." — 
Council'ReconU,  vol.  XXnL,p.  18. 

"  Jan.  15,  17(J0.  A  Petition  of  Ezekiel  Cushing  Esq  and  Others  of  the  Second  Par- 
ish in  Falmouth,  Praying  to  be  freed  from  paying  Taxes  to  the  Support  of  M' 
Ephraim  Clarke,  lately  settled  as  minister  of  said  Parish,  as  entered  7  June  last. 

In  Council.  Read  again  together  with  the  Answer  of  the  second  Parish  in  Fal- 
mouth, and  Ordered  That  Samuel  Watts  and  William  Brattle  Esqi^^  with  Such  as  the 
honourable  House  shall  join  be  a  Committee  to  take  the  same  under  consideration 
and  report  what  they  judge  projier  for  this  Court  to  do  thereon. 

In  the  House  of  Representatives  Read  and  Concurred  and  Col"  Gerrish,  Col" 
Sparhawk  and  M^  Hearsy  are  joined  in  the  Affair." — Ibid.,  p.  173. 

"  Jan.  18,  1760.  The  Committee  appointed  the  15*  Instant  on  the  Petition  of  Eze- 
kiel Cushing  Esq""  and  Others  of  the  second  Parish  in  Falmouth  made  the  following 
Keport  viz' 

The  Committee  upon  the  Petition  of  Ezekiel  Cushing  and  Others  of  the  Second 
Parish  in  Falmouth  have  maturely  considered  it  with  the  Answer  thereto  and  the 
Papers  put  in  by  the  said  Ezekiel  in  favour  of  the  Petitioners  as  also  by  Colo  Waldo 
in  favour  of  the  Respondents.  And  upon  the  whole  beg  leave  first  to  report  Facts, 
and  then  our  opinion  ujwn  the  Same. 

First — That  on  the  30  day  of  July  1755  an  Ecclesiastical  Council  was  convened  at 
the  second  Parish  in  Falmouth  consisting  of  fifteen  Churches,  unto  which  Council 
the  difference  mentioned  in  said  Petition  was  submitted,  and  by  the  Committees 
of  the  contending  Parties,  the  Result  of  the  said  Council  was  to  be  decisive  and 
final.    The  Charges  exhibited  against  M''  Clark  were  as  follows. 

1.  His  want  of  a  liberal  and  learned  Education. 

2.  His  seperating  Principles  which  he  set  out  ui)on  when  he  was  ordained  over  a 
Seperation  in  Boston. 

3.  His  immoral  Conduct. 

4.  The  Divisions,  Contentions  and  mischeifs  that  will  attend  said  Parish  if  M' 
Clark  should  be  installed  over  the  Church  there. — Said  Venerable  Council  haviug 
considered  the  same  put  the  following  Question. 

Question.  Whether  the  Venerable  Council  considering  all  things  which  have 
been  offered,  think  it  expedient  to  proceed  to  the  Instalment  of  M^  Ephraim  Clark 
in  the  Work  of  the  Ministry  in  this  Place.  Voted  in  the  Negative.  And  accord- 
ingly this  was  part  of  their  result — That  they  advised  that  he  should  not  be  installed 
over  said  Church;  at  the  same  time  adding  therein — That  they  find  nothing  in  the 
Objections  made  against  M''  Clarks  moral  Character  sufficient  to  influence  them  to 
such  a  Conclusion.— They  go  on  in  their  Result  to  advise  said  Church  to  take  every 
prudent  Step  in  order  to  such  a  Settlement  as  may  be  if  possible  unexceptionable  to 
those  of  their  Brethren  who  have  differed  from  them. 

The  Above  Facts  were  taken  from  the  Minutes  and  Result  of  Council  and  sworn 
to  by  the  Reverend  M""  Langdon  of  Poi'tsmouth  their  Scribe. 

Soon  after  this  result  said  Church  in  Falmouth  sent  to  the  following  Churches  to 
instal  Mf  Clark  over  them  viz'  The  second  Church  in  Kittery,  the  first  and  second 
Churches  in  Berwick,  the  second  Church  in  York  and  two  Churches  more  viz'  one 
in  Ipswich  and  another  in  Glocester.  How  many  of  the  Churches  were  present  the 
Committee  can't  determine;  three  only  of  their  Reverend  Pastors  were  present  viz' 
Mr  John  Rogers  and  Mess''^  Cleavelands,  who  in  direct  opposition  to  the  result  afore- 
said, and  without  any  renewall  of  the  Call  of  M^  Clark,  either  by  Church  or  Parish 
installed  him — which  very  extraordinary  Doings  of  theirs  were  laid  before  the  Con- 
vention of  Ministers  at  their  annual  Meeting  May  27.  1756,  Who  thereupon  Voted, 
Nemine  contradicente,  that  iu  the  opinion  of  this  Convention  all  such  Proceedings 
are  very  irregular — against  which  they  think  themselves  obliged  to  bear  their  testi- 
mony, as  having  a  manifest  tendency  to  destroy  these  Churches  if  not  seasonably 
discountenanced. 

The  Committee  can't  but  in  justice  to  the  said  Ezekiel  observe  that  the  several 
Charges  in  the  respondents  Answer  against  him  are  without  Ground  and  injurious. 

Upon  the  whole  the  Committee  apprehend  the  Interest  of  Religion  the  Order  and 
Peace  of  the  Churches  of  this  Land  in  general,  and  in  the  second  Parish  in  Fal- 
mouth and  their  Vicinity  in  special  make  it  reasonable  and  necessary  that  such  of 
said  second  Parish  as  are  aggreived  at  the  Settlement  of  said  M^  Clark  in  manner 
aforesaid  be  with  their  Estates  exempt  from  paying  Taxes  to  his  Support  and  main- 
tenance, and  therefore  humbly  propose  the  following  Order  may  pass. 

(Sign'd)       Saml  Watts  ^  Order. 

Said  Order  is  comprized  in  the  resolve  that  follows  viz' 

In  Council.  Read  and  Accepted.  And  Resolved  that  such  of  the  Inhabitants  of 
the  second  Parish  in  Falmouth  who  are  aggrieved  at  the  Instalment  of  M""  Clark 


872  Province  Laws.— 1765-66.  [Notes.] 

and  are  desirous  not  to  sit  under  his  Ministry  (upon  their  transmitting  their  names 
together  with  their  desires  to  be  set  off  to  the  lirst  Parish  in  Falmouth)  into  the  Sec- 
retary's Office  at  Boston  on  or  before  the  last  day  of  May  next,  be  and  hereby  are 
with  their  Estates  set  off  to  said  first  Parish  in  Falmouth  there  to  do  duty  and 
receive  PriA'iledge  'till  the  Further  order  of  this  Court.  In  the  House  of  Represent- 
atives Head  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  182. 

"  Feb.  15,  17G5.  A  Petition  of  Ezekiel  Cushing  Esq''  and  others — Setting  forth 
That  the  Great  and  General  Court  were  pleased  at  their  Request  some  time  since  to 
set  them  off  from  the  second  parish  in  Falmouth  to  the  tirst  parish  in  the  said 
Town;  but  that  they  since  find  their  being  so  set  off  to  be  attended  with  many 
inconveniences.  And  praying  that  they  with  their  Estates  may  now  be  restored  to 
the  said  second  parish. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Petitioners  serve 
the  first  parish  in  Falmouth  with  a  Copy  of  this  Petition,  that  so  they  shew  cause  if 
any  they  have  on  the  second  Wednesday  of  the  next  Session  of  this  Court  why  the 
prayer  thereof  should  not  be  granted.  In  Council,  Read  and  Concurred." — Ibid., 
vol.  XXV.,  p.  ^\Q. 

"  Feb.  25,  17G7.  A  Petition  of  a  number  of  the  Inhabitants  of  Cape  Elizabeth, 
formerly  the  second  parish  in  Falmouth,  who  were  some  time  since  set  off  from  the 
said  second  to  the  first  Parish  in  Falmouth— Setting  forth— That  they  had  since 
petitioned  to  be  set  back  to  the  second  Parish,  the  prayer  Avhereof  they  imagine  was 
granted  in  effect,  tho'  not  in  form:  and  praying  that  they  or  as  many  of  them  as 
think  fit,  may  be  set  off  from  the  first  Parish  in  Falmouth  to  the  District  of  Cape 
Elizabeth. 

In  the  House  of  Representatives.  Read  and  Ordered  that  the  Petitioners  notify 
the  District  of  Cape  Elizabeth  and  the  first  parish  in  Falmouth  by  leaving  a  Copy 
of  this  Petition  and  Order  with  each  of  their  respective  Clerks:  and  the  Petitioners 
are  also  ordered  to  notify  the  persons  mentioned  in  their  petition  to  be  taxed  by 
causing  the  said  Petition  and  Order  to  be  read  to  them  respectively  or  a  Copy 
thereof  left  at  their  place  of  dwelling;  so  that  all  parties  concerned  may  have  oppor- 
tunity to  be  heard  upon  the  same  on  the  second  Wednesday  of  tho  Session  of  the 
General  Court  in  May  next;  and  the  Collection  of  the  "Taxes  of  those  persons 
referred  to  in  this  Petition  is  ordered  to  be  stayed  until  the  further  Order  of  this 
Court.  In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor." — Ibid., 
vol.  XXVI.,p.4,\S. 

"  June  20,  ITtiT.  A  Petition  of  the  Inhabitants  of  the  second  Parish  in  Falmouth — 
Praying  that  a  number  of  persons  formerly  allowed  to  be  of  the  first  Parish  may  be 
set  back  to  the  second  Parish  as  entered  the  25">  of  February  last. 

In  Council,  Read  again  together  with  the  answer  of  the  lirst  Parish  in  Falmouth, 
and  the  District  of  Cape  Elizabeth:  And  Ordered  That  Andrew  Belcher  and  James 
Pitts  Esq''s  with  sitch  as  the  hon'^'e  House  shall  join  be  a  Committee  to  take  the  same 
under  consideration  «&  report. 

In  the  House  of  Representatives,  Read  &  Concurred  and  M^  Greenleaf,  M'  Lane 
and  Cap'  Herrick  are  joinetl  in  the  affair." — Ibid.,  vol.  XXVII. ,  jt-  82. 

"  June  25,  1767.  The  following  Report  was  made  by  the  Committee  appointed  on 
the  Petition  of  the  Selectmen  of  Cape  Elizabeth  viz'— 

The  Committee  on  the  Petition  of  Jonathan  Loveit  and  Samuel  Skillin  have  fully 
considered  the  same  together  with  the  answer  of  the  Committee  of  the  first  Parish 
in  Falmouth,  whereby  it  appears  the  Petitioners  failed  of  giving  seasonable  notice  to 
the  parties  concerned  agreable  to  an  Order  of  the  General  CouVt  in  February  last — 
Wherefore  your  Committee  are  unanimously  of  opinion  that  the  further  considera- 
tion of  the  same  be  referred  to  the  second  AVednesday  of  the  next  Winter  Session  of 
this  Court;  and  that  the  Petitioners  aforesaid  in  the  mean  time  seasonably  notify  the 
parties  concerned  by  leaving  a  Copy  of  their  Petition  with  the  Clerk  of  each  parish 
so  that  each  and  every  of  those  persons,  who  were  formerly  set  off  from  the  second 
to  the  first  parish  in  Falmouth  may  have  an  opportunity  to  make  answer  to  the  Pe- 
tition aforesaid — And  your  Committee  are  further  of  o])inion,  that  for  the  present  all 
those  jiersons  who  were  set  off  to  the  first  parish  as  aforesaid  be  held  to  pay  Taxes 
to  the  said  first  Parish,  unless  they  or  any  of  them  shall  signify  to  the  assessors  of 
each  parish  by  writing  under  their  hands,  their  desire  of  being  taxed  to  the  second 
Parish,  in  which  case,  they  shall  pay  taxes  to  the  second  Parish,  and  that  only. 
Which  is  humbly  submitted  Signed  And^  Belcher  ip"  Ord^ 

In  Council,  Read  and  not  accepted:  And  Ordered  that  the  Petition  be  dismissed. 
In  the  House  of  Representatives,  Read  &  nonconcurred,  and  ordered  That  the  Re- 
port be  accepted.     In  Council,  Read  and  Concurred." — Ibid.,  p.  102. 

"  June  16,  1768.  A  Petition  of  James  Small  and  others— setting  forth — That  some 
years  since  they  were  set  off  from  the  2<i  Parish  in  Falmouth  to  the  first;  but  since 
finding  it  inconvenient  to  cross  the  water  to  attend  the  public  worship  in  said  first 
Parish  in  Falmouth,  Praying  that  they  with  their  Estates  may  be  set  back  from  the 
said  tirst  Parish  in  Falmouth  to  the  second  now  Cape  Elizabeth. — 

In  the  House  of  Representatives.  Resolved  That  the  prayer  of  this  Petition  be  so 
far  granted  that  the  Petitioners  notify  the  first  Parish  in  Falmouth  by  leaving  a 
Copy  of  this  Petition  with  the  Clerk  of  said  Parish  that  they  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.    In  Council,  Read  and  Concurred." — Ibid.,  p.  355. 

"  Mar.  28,  1770.  A  Petition  of  Samuel  Skillin  and  others  Inhabitants  of  Cape 
Elizabeth  praying  for  an  explanation  of  the  Act  Incorporating  them  into  a  District 
made  in  November  1765. — 

In  the  House  of  Representatives,  Resolved  on  the  Petition  of  the  Inhabitants  of 
Cape  Elizabeth  That  from  the  time  the  act  of  Incorporation  of  Cape  Elizabeth  into 
a  District  took  place  all  the  Inhabitants  of  said  District  included  within  the  Lines 


[Notes.]  Pkovince  Laws. — 1765-66.  873 

of  said  District  were  and  still  are  held  to  pay  Parish  Taxes  there  and  to  no  other 
Parish.  In  Council,  Read  and  Concurred,  Consented  to  by  the  Lieu'  Governor." 
Ibid.,  vol.  XXVIIL,  p.  109. 

"  Apr.  16,  1770.  In  the  House  of  Representatives.  "Whereas  the  General  Court  in 
their  present  Session  on  the  Petition  of  Cap'  Samuel  Skillin  &  others  Inhabitants  of 
Cape  Elizabeth  Resolved  on  said  Petition  that  from  the  time  the  Act  of  Incorpora- 
tion of  Cape  Elizabeth  into  a  District  took  place  all  the  Inhabitants  of  said  District 
included  within  the  Lines  of  said  District  were  and  still  are  held  to  pay  Parish 
Taxes  there  and  to  no  other  place;  since  which  the  first  Parish  have  by  Thomas 
Smith  on  their  behalf  represented  some  incouveniency  that  may  attend  the  carrying 
said  Resolve  into  execution  before  the  said  first  Parish  has  an  opportunity  to  be 
heard  upon  the  subject  matter  of  the  said  Petition — Therefore  Resolved  that  all  pro- 
ceedings in  consequence  of  said  Resolve  be  staid  as  fully  as  if  it  had  not  been  till 
the  the  second  Wednesday  of  the  next  sitting  of  the  General  Court,  at  which  time 
the  first  Parish  may  be  heard  upon  said  Petition  of  Cape  Elizabeth,  if  they  see  fit, 
to  shew  cause,  if  any  they  have  why  said  Resolve  should  not  be  reversed.  In  Council, 
Head  and  Concurred,  Consented  to  by  the  Lieu'  Governor." — Ibid.,  p.  169. 

"  Apr.  17,  1771.  A  Petition  of  Thomas  Smith  and  Ephraim  Jones  in  behalf  of  the 
first  Parish  in  Falmouth,  in  the  County  of  Cumberland— Setting  forth  That  at  the 
Session  of  the  General  Court  in  March  1770  it  was  Resolved  that  those  Persons  who 
were  set  off  from  the  second  Parish  in  said  Falmouth  to  said  first  Parish  by  a  Resolve 
of  said  Court  in  January  1760  were  set  back  again  by  the  Act  passed  in  1765  making 
said  second  Parish  a  District  (by  the  name  of  Cape  Elizabeth)  and  held  to  pay  Parish 
Rates  there  from  that  time  and  no  where  else — That  at  the  same  Session  on  the  Peti- 
tion of  the  said  first  Parish,  said  Resolve  was  suspended  till  said  first  Parish  could 
be  heard  upon  the  subject  matter  thereof — And  after  offering  sundry  reasons  why 
the  said  Resolve  ought  to  be  set  aside,  Prajing  that  they  may  be  further  heard,  by  a 
Committee,  on  the  subject ;  and  that'lt  may  now  be  resolved  That  those  Persons  who 
in  the  year  1760  were  set  off  from  the  second  Parish  in  Falmouth  to  the  first,  shall  be 
held  to  pay  Parish  Taxes  in  said  first  Parish  to  the  year  1769  inclusive,  and  that  from 
and  after  that  time  they  be  set  back  to  said  Cape  Elizabeth  to  pay  Parish  Taxes 
there  and  no  where  else,  (the  first  Parish  having  omitted  to  Rate  them  in  the  year 
1770  out  of  obedience  to  the  Resolve  aforesaid.) 

In  the  House  of  Representatives.  Read  and  Ordered  that  Docf  Holton  Col"  Ger- 
rish  and  Cap'  Brown  with  such  as  the  hon^^'^  Board  shall  join  be  a  Committee  to 
consider  this  Petition,  together  with  a  Petition  of  the  Selectmen  of  the  District  of 
Cape  Elizabeth,  accompanying  the  same,  and  report. 

In  Council,  Read  and  Concurred  and  William  Brattle  and  James  Otis  Esq™  are 
joined  in  the  affair."— /&;'(;?.,  p.  620. 

"  Apr.  26,  1771.  The  Committee  appointed  the  17  instant  on  the  Petition  of  the 
first  Parish  in  Falmouth,  made  the  following  Report  viz' — 

The  Committee  upon  the  Petition  of  the  first  Parish  in  Falmouth  by  their  Agents 
M"'  Thomas  Smith  junf  and  Mi^  Ephraim  Jones,  have  attended  the  Service  assigned 
them  and  fully  heard  tlic  parties  thereon,  beg  leave  to  observe  That  A  D  1760 
sundry  Persons  were  set  off  from  the  second  Parish  in  Falmouth  to  the  first  Parish 
in  Falmouth  there  to  do  duty  and  receive  privilege  till  the  further  Order  of  the 
Court,  for  good  reasons  well  known  in  that  day. — That  A  D  1765  there  was  an 
Act  of  the  Province  for  Incorporating  said  second  Parish  into  a  District;  from 
whence  many  in  said  District  apprehended  that  the  Act  aforesaid  superceded  and 
made  null  and  void  said  Resolve,  and  therefore  that  those  who  were  set  off  to  the 
said  Parish  were  no  longer  obliged  to  pay  Precinct  Taxes  to  said  first  Parish, 
but  to  the  second  Parish  in  Falmouth.  Tbe  first  Parish  in  Falmouth  was  quite  of 
another  mind,  they  did  not  apprehend  that  the  relation  of  those  of  the  second  Parish 
that  were  set  off  to  the  first  Parish  was  dissolved  by  said  second  Parish  being  made 
a  District  the  one  being  purely  a  Parochial  or  Ecclesiastical  privilege  or  favor,  there 
being  many  instances  of  Persons  belonging  to  one  Town  or  District  and  yet  are  of  a 
Precinct  even  in  another  Town;  whereupon  a  controversy  arose  and  the  whole 
matter  was  laid  before  the  General  Court,  and  after  a  long  and  very  tedious  hearing 
of  both  parties,  both  Houses  in  June  1767  Resolved,  that  notwithstanding  their  being 
made  a  District  two  years  before,  yet  their  Parochial  relation  was  not  dissolved,  but 
that  they  should  pay  to  the  first  Parish  in  Falmouth  as  before  till  the  further  Order 
of  the  Court;  this  we  observe  jiast  both  Houses,  but  his  Excellency  Governor  Ber- 
nard did  not  Sign  it,  and  consequently  tho'  it  was  expressive  of  the  sentiments  of 
the  then  both  Houses,  yet  it  was  no  valid  Act.  After  this  tliere  was  another  Peti- 
tion preferred  from  a  number  in  said  District  praying  that  the  first  mentioned  Persons 
might  be  set  back  to  said  second  Parish;  thereupon  the  Houses  passed  an  Order  that 
said  Petitioners  should  notify  said  first  Parish  to  make  answer  if  they  saw  cause  &o 
now,  in  fact,  it  appears  by  the  Evidence  of  M"'  Longfellow  Clerk  of  said  first  Parish 
and  otherwise,  that  said  Order  was  never  complied  with,  that  said  first  Precinct  was 
not  notified;  a  fact  not  denied  by  the  Gentlemen  Agents  for  the  second  Parish;  yet, 
unnoticed  and  without  the  first  Parish's  hearing  anything  of  the  matter,  on  the  28  of 
March  1770  the  General  Court  Resolved  That  from  the  time  the  Act  of  Incorporation 
of  Cape  Elizabeth  into  a  District  took  place,  all  tho  Inhabitants  of  said  District  in- 
cluded within  the  Lines  of  said  District  were,  and  still  are,  held  to  pay  Taxes  there 
and  to  no  other  place:  This  is  directly  contrary  to  the  Resolution  of  both  Houses  in 
June  1767  with  this  difference,  tliat  in  the  Resolution  of  both  Houses  in  June  1767 
the  opposite  party  was  notified  and  was  present;  in  the  last  Resolve  the  opposite 
party  viz'  the  first  Parish,  was  ordered  to  be  notified,  but  was  not  notified  and  was 
not  present.  Upon  the  first  Parish  in  Falmouth  hearing  of  this  last  Resolve,  after 
they  got  over  their  surprize  they  Petitioned  the  Court  that  this  Resolve  miglit  be  set 
aside,  whereupon  in  April  last  the  whole  Court  Resolved  That  all  proceedings  in 


874  Province  Laws.— 1765-66.  [Notes.] 

consequence  of  said  Resolve  be  staid  as  fully  as  if  it  had  not  been  till  the  second 
Wednesday  of  the  then  next  Session  of  the  General  Court,  at  which  time  the  first 
Parish  may  be  heard  &c  The  case  being  thus  fairly,  tho'  largely,  stated  by  your 
Committee  which  they  apprehend  will  not  be  disagreable,  as  the  Court  may  hereby 
be  better  able  to  form  a  judgment.  Your  Committee  beg  leave  to  observe,  that  in 
their  opinion  that  part  of  the  Petition  of  the  said  first  Parish  wherein  they  pray  that 
it  may  be  Resolved  that  those  persons  who  in  the  year  1760  were  set  off  from  the 
second  Parish  in  Falmouth  to  the  first  shall  be  held  to  pay  Parish  Taxes  in  said  first 
Parish  to  the  year  1769  inclusive  of  said  year  1769,  ought  by  no  means  to  be  granted 
or  even  countenanced  because  it  would  be  depriving  said  District  of  that  Constitu- 
tional Right  they  have  namely,  to  be  tryed  by  their  Peers,  by  a  Jury,  and  that  it 
would  be  ousting  the  Common  Law  Courts  of  their  Jurisdiction,  unless  both  parties 
had  consented  to  have  left  it  to  the  General  Court  by  them  to  be  decided,  which  was 
by  no  means  the  case,  but  inasmuch  as  the  Resolve  of  1770  was  unfairly  obtained, 
and  that  in  sundry  respects:  Your  Committee  cannot  but  think  that  it  ought  to  be 
set  aside  and  be  declared  null  and  void — And  further  that  all  those  v/lio  were  set  off 
from  the  second  Parish  to  the  first  Parish  in  Falmouth  with  their  Estates  A  D  1760 
shall  not  from  the  begining  of  the  year  1770  be  holden  to  pay  any  Parish  Taxes 
assessed  since  that  time  to  the  first  Parish  in  Falmouth,  but  shall  and  hereby  be 
holden  to  pay  them  to  said  District,  and  all  Parish  Taxes  assessed  by  the  first  Parish 
upon  the  Inhabitants  of  said  District,  not  paid  before  said  begining  of  January  1770 
be  determined  in  the  Common  Law  Courts,  where  the  same  are  Cognizable,  unless 
both  parties  come  to  an  agreement  in  another  less  expensive  way;  Wherefore  your 
Committee  Report  the  following  Resolve — 

Resolved  That  the  Resolve  aforesaid  passed  in  March  1770  be  and  hereby  is  set 
aside  to  all  intents  and  purposes  and  is  hereby  rendered  as  null  and  void  as  tho'  it 
never  had  passed.  4 

W.  Brattle  1^  Order 

Upon  which  the  following  Order  passed  viz' 

In  Council,  Read  and  unanimously  accepted  and  Ordered  that  the  Resolve  passed 
in  March  1770  be  and  it  is  hereby  set  aside  to  all  intents  and  purposes,  and  it  is 
hereby  rendered  as  null  and  void  as  tho'  it  never  had  passed. 

In  the  House  of  Representatives,  Read  and  nonconcurred  &  Resolved  that  the 
Petition  be  dismissed.    In  Council,  Read  and  nonconcurred." — Ibid.,  p.  562. 

Chap.  26.  "  Feb.  5,  1768.  A  Petition  of  Jacob  Rice  and  others  Selectmen  of 
Northborough— Setting  forth,  That  while  they  remained  a  Precinct  in  Westboro' 
the  Anniversary  Town  Meetings  were  constantly  held  every  third  year  at  the  Meet- 
ing house  of  said  Precinct.  That  they  have  lately  been  incorporated  into  a  District 
by  the  name  of  Northborough  with  all  the  powers  &  priviledges  of  a  Town,  that  of 
sending  a  Representative  to  the  General  Assembly  excepted.  And  Praying  that 
they  may  be  made  a  Town,  and  that  the  Selectmen  of  Westborough  may  be  im- 
powered  to  appoint  the  Town  Meetings  for  the  choice  of  a  Representative  to  be  held 
every  other  year  at  Northborough,  or  every  third  year  at  least,  that  so  they  may 
enjoy  equal  privilege  in  that  respect  to  what  they  enjoyed  before  they  were  thus 
incorporated. 

In  the  House  of  Representatives.  Read  and  Ordered  That  the  Petitioners  notify 
the  Town  of  Westborough  of  this  Petition  by  serving  the  Town  Clerk  with  a  Copy 
thereof  to  shew  cause  on  the  third  Wednesday  of  February  Instant  if  any  they 
have  why  the  Prayer  should  not  be  granted.  In  Council,  Read  and  Concurred." — 
Council  Records,  vol.  XXVII.,  p.  185. 

CJiap.  28.  "  Feb.  11. 1766.  According  to  agreement  the  two  Houses  proceeded  to 
the  choice  of  Civil  Officers  for  the  present  year,  when  the  undermentioned  persons 
were  chosen  Collectors  of  Excise  on  Spirituous  Liquors  &c  for  the  several  Counties 
as  hereafter  mentioned,  by  a  major  Vote  of  the  Council  and  House  of  Representa- 
tives. 

Suffolk Mr  Thomas  Fletcher 

Essex M'  Thomas  Porter 

Middlesex M'  .Tohn  Remington 

Hampshire M^'  Lewis  Bliss 

AVorcester M""  Levi  Willard 

Plymouth Cap'  Nath'  Little 

Barnstable M^  Enoch  Hallet 

Bristol Mr  Thos  Gilbert  jun' 

York Mr  David  Sewall 

Dukes  County M''  James  Allen  jun' 

Nantucket Obed  Hussey,  Esq^ 

Cumberland .      M^  Theophilus  Bradbury 

Lincoln M""  Thomas  Moulton 

Berkshire M'  Israel  Dickinson 

Consented  to  by  the  Governor." — Council  Records,  iwl.  XXVI.,  p.  174. 
"  June  9,  1768.  A  Petition  of  Henry  Baldwin  of  Shrewsbury  and  John  Martin  of 
Northborough  Inholders— Setting  forth— That  they  were  bound  with  one  Jacob 
risk  of  Hardwick  who  was  also  Licensed:  That  the  said  Jacob  soon  after  went  out 
of  the  Province  having  as  they  believe  never  sold  any  Liquors  subject  to  the  duties 
of  Excise:  and  as  the  Collector  of  Excise  cannot  by  Law  settle  with  the  Petitioners 
without  the  Oath  of  the  said  Jacob  which  cannot  now  be  i^rocured,  Prajing  for 
relief. 

In  the  House  of  Representatives.  Upon  the  Petition  of  Henry  Baldwin  and 
John  Martin.    It  appearing  to  this  House  that  Jacob  Fisk  mentioned  in  the  Peti- 


[Notes.]  Province  Laws.— 1765-66.  875 

tion  licensed  as  a  Retailer  in  the  County  of  Worcester  to  sell  Spirituous  Liquors  at 
August  term  1766  did  not  sell  any  spirituous  Liquors  after  his  being  so  licensed. 
Therefore  Resolved  that  the  said  Henry  Baldwin  and  John  Martin  who  were  bound 
with  the  said  Jacob  Fisk  for  tlie  payment  of  his  Excise  be  and  hereby  are  dis- 
charged from  the  Bond  aforesaid.  In  Council,  Read  and  Concurred,  Consented  to 
by  the  Governor." — Ibid.,  vol.  XXVII.,  j).  335. 

Chap.  29.  "  Feb.  11, 1766.  Pursuant  to  agreement  the.  two  Houses  proceeded  to 
the  choice  of  Civil  Officers  for  the  present  year,  when  James  Russell  Esq^  was 
chosen  Commissioner  of  Impost  by  a  major  part  of  the  Votes  of  the  Council  and 
House  of  Representatives.  Consented  to  by  the  Governor." — Council  Records,  vol. 
XXVI.,  p.  Hi.. 

Chap.  31.  "June  16,  1763.  A  Petition  of  a  number  of  the  Inhabitants  of  S" 
Brimfield,  Praying  that  the  said  District  may  be  divided  into  two  seperate  Districts 
by  certain  metes  and  bounds  therein  mentioned,  which  they  apprehend  would  be 
greatly  to  the  benefit  and  advantage  of  the  People  in  General,  which  Petition  was 
followed  by  another  from  divers  other  of  y«  Inhabitants  against  the  division  Prayed 
for.  In  the  House  of  Representatives  Read  and  Ordered  That  Col°  Bagley  and 
Col°  Williams  of  Roxbury  with  such  as  the  Hon'<^  Board  shall  join  be  a  Committee 
to  consider  this  Petition  and  report.  In  Coimcil  Read  and  Referred  to  Next  Ses- 
sion."—C'oi^nciZ  Records,  vol.  XXV.,  p.  85. 

"  June  7,  1764.  A  Petition  of  Tristram  Davis  and  Others  in  behalf  of  the  District 
of  South  Brimfield— Setting  forth,  That  they  were  lately  sett  off  as  a  seperate  Dis- 
trict, principally  with  a  view  that  they  should  be  better  accomodated  in  attending 
on  the  publick  worship;  since  which  they  have  been  unhappily  contending  among 
themselves  where  to  place  a  House  for  that  purpose,  until  at  length  a  Vote  was 
obtained  by  the  majority  of  one  only,  among  which  majority  were  some  Anabap- 
tists to  place  the  House  Avithin  one  mile  and  a  half  of  the  East  Line  of  the  said  Dis- 
trict leaving  some  of  the  Inhabitants  four  or  five  miles  remote  from  it,  whereas  there 
is  but  little  odds  in  the  Settlements  at  each  end  of  the  District,  and  that  they  have 
accordingly  proceeded  to  raise  the  Frame  of  said  House,  and  in  part  to  cover  it. 
And  praying  the  interposition  of  this  Court  for  their  Relief.  In  the  House  of 
Representatives  Read,  and  in  answer  to  this  Petition  ordered  that  Col"  Munay 
and  Colo  Marcy  with  Such  as  the  honorable  Board  shall  join  be  a  Committee  to 
repair  to  the  District  of  South  Brimfield  for  the  purposes  within  mentioned,  and 
make  report  at  the  next  Session  of  this  Court.  In  Council  Read  and  Concurred 
and  Timothy  Paine  Esq''  is  joined  in  the  Affair." — Ibid.,  p.  233. 

"  Oct.  27,  1764.  A  Petition  of  a  number  of  the  Inhabitants  of  South  Brimfield 
Praying  for  a  Committee  of  this  Court  to  repair  thither,  and  fix  on  a  Place,  whereon 
to  set  a  Meeting  House,  as  entered  6:  June  last.  In  Council  Read  again  together 
with  the  Report  of  the  Committee  appointed  to  consider  the  same;  as  also  the  sev- 
eral Answers  made  thereto,  and  Ordered  That  George  Leonard,  Nathaniel  Spar- 
hawk  and  Thomas  Flucker  Esq"  with  such  as  the  honorable  House  shall  join,  be  a 
Committee  to  take  the  same  under  consideration  hear  the  Parties  and  make  Report. 

In  the  House  of  Representatives  Read  and  Concurred,  and  Colo  Clap,  Colo 
Nichols,  M""  Wit  and  Col^  Murray  are  joined  in  the  Affair."— Zft/d.,  p.  296. 

"Nov,  2,  1764.  The  Committee  appointed  the  27:  October  last  on  the  Petition 
from  South  Brimfield  having  made  report,  the  following  Order  passed  thereon  viz' 
In  Council  Read  and  Accepted.  And  Ordered  That  the  Petition  of  the  District  of 
South  Brimfield,  preferred  to  this  Court  at  their  Session  in  May  last  be  dismissed, 
and  the  Assessments  made  on  the  Inhabitants  of  said  District  tor  raising  the  sum 
of  £160,  for  building  and  finishing  a  Meeting  house  thereon  are  hereby  declared 
void;  it  appearing  that  the  several  ISIeetings  of  the  Inhabitants,  at  which  the  Votes 
were  obtained  for  raising  the  same  were  illegal.  And  the  Collector  or  Collectors  to 
whom  the  said  Assessments  were  committed  are  hereby  directed  to  stay  all  pro- 
ceedings in  collecting  the  said  sum  or  any  part  thereof  In  the  House  of  Representa- 
tives; Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  312. 

"  Feb.  12,  1765.  A  Petition  of  Joseph  Blodget  and  others  of  South  Brimfield 
praying  for  a  rehearing  on  the  subject  matter  of  a  petition  they  preferred  in  the  last 
October  Session  for  fixing  on  a  spot  whereon  to  place  their  Meeting  House,  and  that 
the  Report  of  a  Committee  sent  thither  for  that  purpose  may  be  accepted  and  Con- 
firmed. In  the  House  of  Representatives,  Read  and  Ordered,  That  Major  Aldeu 
Cap'  Taylor  of  Westfield  and  M""  Lane  with  such  as  the  Honi^ie  Board  shall  join  be  a 
Committee  to  consider  this  petition  and  Report.  In  Council,  Read  and  Concurred, 
and  John  Hill  &  Harrison  Gray  Esq''^  are  joined  in  the  affair." — Ibid.,  p.  400. 

"  Jan.  30,  1766.  A  Petition  of  a  Number  of  the  Inhabitants  of  South  Brimfield — 
Setting  forth  the  great  Difficulties,  that  many  of  them  labour  under  in  attending 
the  public  Worship,  as  the  Meeting  house  is  placed  so  as  to  accommodate  only 
the  Inhabitants  of  the  East  end  of  said  District — And  praying  that  they  may  be 
divided  into  two  Districts,  or  Societies,  by  certain  Bounds,  in  their  said  Petition  de- 
scribed— 

In  the  House  of  Representatives,  Read  and  ordered,  that  Cap'  Thayer,  Cap* 
Brown,  and  M^  Taylor  of  Westfield,  with  such  as  the  Hon'J'c  Board  shall  join,  be  a 
Committee  to  take  this  Petition  under  Consideration,  and  report — In  Council, 
Read  and  Concurred,  and  Timothy  Paine,  &  John  Bradbury  Esqi's  are  joined  in  the 
A&a\T."—Ibid.,  vol.  XXVI.,  p.  147. 

"Jan.  31,  1766.  Upon  the  Petition  of  the  Inhabitants  of  South  Brimfield  as 
entered  Yesterday,  the  following  Order  passed  the  two  Houses  In  Council.  The 
Committee  appointed  upon  the  within  Pet°  having  reported  their  Opinion,  that  the 
Petitioners  should  have  Liberty  to  bring  in  a  Bill  for  the  Purposes  therein  men- 


876  PROVINCE  Laws.— 1765-66.  [Notes.] 

tioaed:  The  said  Report  was  read  and  accepted,  and  Ordered  that  the  Petitioners 
have  liberty  to  bring  in  a  Bill  accordingly — In  the  House  of  liepresentatives,  Read 
and  Concurred." — Ibid.,  p.  148. 

"  June  11,  17G7.  A  Petition  of  Edward  Webber  agent  for  the  East  Parish  of  South 
Brimfleld — praying  for  an  explanation  of  the  Act  for  dividing  the  District  of  South 
Brimtield  into  two  separate  Parishes:  and  Setting  forth— That  there  are  large 
Tracts  of  Land  in  the  said  East  Parish,  which  have  been  advanced  in  their  value  by 
means  of  their  building  a  Meeting  house  &  settling  a  Minister,  towards  which  the 
said  Lands  have  not  paid  any  Tax :  and  praying  for  a  Tax  of  three  pence  #**  acre  for 
three  years  on  all  the  Lauds  in  said  East  Parish,  to  be  ai^plied  towards  finishing  the 
Meeting  house  and  supporting  the  Gospel  therein. 

In  the  House  of  Representatives.  Read  &  Resolved  That  by  the  Act  made  in  the 
sixth  year  of  his  present  Majesty's  Reign  for  dividing  the  District  of  South  Brimfield 
into  separate  Parishes;  the  Inhabitants  of  the  West  parish  in  said  District  are  not 
freed  from  any  charges  that  arose  in  said  District  by  hiring  Preaching  previous  to 
the  dividing  said  District  into  separate  Parishes,  and  previous  to  the  settling  a 
Minister  in  that  part  of  the  said  District,  now  the  East  Parish.  And  that  the  prayer 
of  the  Petition  be  so  far  granted,  that  the  Selectmen  or  Assessors  of  the  District  of 
South  Brimfield  are  hereby  ordered  and  impowered  to  assess  all  such  Sum  or  Sums  of 
Money  that  have  not  been  assessed  and  have  been  expended  in  hiring  preaching  in 
said  District  before  said  District  was  divided  into  separate  Parishes,  and  before  the 
settling  a  Minister  in  that  part  of  said  District  now  the  East  Parish,  in  proportion 
upon  the  Inhabitants  of  the  East  and  West  Parish,  that  are  not  exenijited  l)y  Law 
from  Ministerial  Taxes,  and  to  commit  the  same  to  the  Constable  of  said  District 
to  collect.  And  as  to  the  second  part  of  said  Petition:  It  is  further  Resolved  That 
the  Petitioner  insert  the  substance  of  that  part  of  the  Petition  relating  to  a  Land 
Tax  in  two  of  the  Boston  Newspapers,  notifying  the  nonresident  proprietors  of 
Lands  in  the  East  parish  of  South  Brimfield  to  shew  cause,  if  any  they  have,  on  the 
second  Tuesday  of  the  next  Winter  Session  of  the  General  Court  why  the  prayer 
should  not  be  granted.  In  Council,  Read  &  Concurred.  Consented  to  by  the  Gov- 
ernor."—/6id.,  vol.  XXVII.,  p.  43. 

"  June  10,  17G8.  A  Petition  of  Joseph  Blodget  and  others  Inhabitants  of  the  west 
Parish  in  South  Brimfield  of  the  Congregational  persuation — Setting  forth— That 
the  major  part  of  the  Inhabitants  of  the  said  Parish  being  Anabaptists  assess  and 
compel  the  Petitioners  to  pay  towards  the  suppoi't  of  their  Minister.  And  praying 
that  they  maybe  exempted  from  paying  towards  the  support  or  building  or  repair- 
ing their  meeting  house. 

In  the  House  of  Representatives.  Ordered  that  Col"  Edson,  Col"  Marcy,  M^  Nash, 
Col"  Milliken  and  Cap'  John  Brown  who  were  appointed  yesterday  to  consider  this 
Petition  be  joined  with  such  as  the  hon'''®  Board  may  appoint. 

In  Council,  Read  and  Concurred  and  Nath'  Sparhawk,  Thomas  Fluckcr,  Royall 
Tyler  and  Samuel  Dexter  Esq^^^  are  joined. 

A  Petition  of  James  Lawrence  agent  for  the  west  Parish  in  South  Brimfield — 
Setting  forth — That  they  being  mostly  of  the  Baptist  persuation,  did  on  the  ll'i"-  of 
Septem""  1765  settle  M""  James  Mellen  as  their  Minister,  and  that  in  17(56  this  Court 
erected  two  Parishes  in  So  Brimfield  by  which  Joseph  Blodget  and  thirteen  others 
of  the  Congregational  persuation  were  included  with  them,  who  signed  an  Agree- 
ment or  Covenant  to  be  connected  with  the  Baptist  Society  and  to  bear  their  pro- 
portion of  charge  for  the  support  of  said  M""  Mellen,  and  for  the  first  year  paid  their 
Taxes  for  that  purpose;  but  refusing  the  same  the  2^  year  were  distreind  upon 
therefor,  whereupon  the  said  Joseph  did  on  the  26"»  of  April  last  commence  an 
action  against  the  assessors  of  the  said  west  Parish,  which  action  is  now  pending. 
And  praying  that  this  Coiirt  would  explain  their  Act  for  erecting  the  said  west 
Parish  and  cause  the  said  Joseph's  action  to  be  stayed  in  the  meantime. 

In  the  House  of  Representatives.  Ordered  that  Col"  Edson, Colo Marcey.M''  Nash, 
Colo  Milliken  &  Cap'  John  Brown  who  were  appointed  yesterday  a  Committee  to 
consider  this  Petition  be  joined  with  such  as  the  lionbie  Board  may  appoint. 

In  Council,  Read  and  Concurred  &  Nath'  Sparhawk  Thomas  Flucker,  Royall 
Tyler  and  Samuel  Dexter  Esqi's  are  joined  in  the  affair."— 76 (d.,  p.  344. 

"June  21,  1768.  The  Committee  appointed  the  10">  instant  on  the  Petition  of 
Joseph  Blodget  and  others  Congregationalists  of  The  west  Parish  in  South  Brimfield, 
reported  their  opinion  that  the  said  Petition  be  dismissed. 

In  Council,  Read  and  accepted:  And  Ordered  that  this  Petition  be  dismissed 
accordingly.    In  the  House  of  Representatives,  Read  &  Concurred. 

The  Committee  appointed  the  10">  Instant  on  the  Petition  of  James  Lawrence 
agent  for  the  west  Parish  in  South  Brimfield  being  mostly  Anabaptists  reported 
their  opinion  that  the  said  Petition  be  dismissed. 

In  Council,  Read  and  accepted  and  Ordered  that  the  Petition  be  dismissed  accord- 
ingly.   In  the  House  of  Representatives,  Read  &  Concurred." — Ibid.,  j).  371. 


ACTS, 

Passed     1766—67. 


[877] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-eighth  day  of  May,  a.d.  1766. 


CHAPTER    1. 

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

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives, 

That  the  sum  of  thirteen  hundred  pounds  be  and  hereby  is  granted   Grant  of  £i,300 
unto  his  most  excellent  majesty,  to  be  paid  out  of  the  public  treasury  of Wanfajestyi 
to  his   excellency  Francis  Bernard,  Esq^'^^[«u-eJ,  captain-general  and  governor. 
governor-in-chief  in  and  over  his  majest^-'s  province  of  the  Massa- 
chusetts Ba}',  to  enable  him  to  carry  on  the  aflairs  of  this  government. 
\_Passed  June  12  ;  published  June  28. 


CHAPTER2. 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "AN  ACT  FOR  ERECTING 
A  TOWN  IN  THE  COUNTY  OF  LINCOLN  BY  THE  NAME  OF  BRISTOL." 

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

That  the  lands  contained  within  the  following  bounds;  viz^^'^,,  be-  Bounds  of  the 
ginning  at  a  place  called  Brown's  Cove,  on  the  easterly  side  of  Dama-  ascLnafn^™'"'' 
riscotta  River,  at  the  head  or  north-east  part  of  said  cove,  at  a  stake  i'65-66,  chap.  8. 
and  heap  of  stones,  being  the  northerly  bounds  of  the  town  of  Bristol ; 
thence,  running,  east,  according  to  the  present  direction  of  the  magnet- 
ick  needle,  being  north,  six  degrees  and  [an]  half  west,  eleven  hundred 
and  twenty  poles,  to  a  white-birch  tree  standing  on  the  westerly'  bank  of 
Pemaq[a][?<]id  Great  Pond,  so  called;  thence,  over  said  pond,  to  a 
dr}'  birch-tree  standing  on  the  eastern  bank  of  the  said  pond ;  thence, 
running,  northerl}',  on  the  bank  of  said  pond,  until  it  cometh  to  the  mouth 
of  the  river  that  runneth  out  of  the  Upper  Pond,  so  called,  into  the 
Great  Pond  aforesaid  ;  thence,  running,  northerl}-,  up  the  said  river,  one 
hundred  and  twent}'  poles,  to  a  stake  standing  near  the  said  river,  being 
John  Martyn's  north-west  corner-bounds  ;  thence,  running,  south-east, 
six  hundred  and  twent}'  poles,  to  a  stake  standing  on  Jacob  Eaton's 
line  ;  thence,  running,  north-east,  eightj^-four  poles,  to  a  stake  standing 
in  a  fresh  meadow  ;  thence,  running,  south-east,  two  hundred  and  four 
poles,  to  the  eastern  creek  of  Broad  Cove,  so  called,  on  Muscongus 
River,  to  a  pine-tree  marked  on  four  sides,  being  said  Eaton's  north- 
east corner-bounds    (the  three  last-mentioned  lines  dividing  between 

879 


880 


Province  Laws.— 1766-67. 


[Chap.  3.] 


the  English  and  Dutch  settlements)  ;  from  thence,  southerly,  down  the 
western  shore,  on  said  Muscongus  River,  to  Round  Pond,  as  the 
sho[a]r[e]  l[y][«']6th,  to  the  bounds  mentioned  in  the  act  for  incorpo- 
rating the  said  town  of  Bristol ;  and  from  thence,  a  direct  line  to  the 
bounds  first  mentioned, — be  and  hereb}'  are  annexed  to  the  said  town 
of  Bristol,  in  the  county  of  Lincoln,  with  all  the  inhabitants  thereon, 
who  hereby  are  and  shall  be  subjected  to  do  duty  and  intitled  to  receive 
privile[d]ge  equal  with  other  inhabitants  of  the  said  town  of  Bristol, 
to  all  intents  and  purposes  whatsoever.     {^Passed  June  19. 


CHAPTER    3. 


Treasury  sup- 
plied with 
£157,000. 


1749-50,  chap. 
19. 


Form  of  the 

treasurer's 

notes. 


Treasurer  to 
observe  the  di- 
rections of  the 
act  of  the  second 
of  his  present 
majesty. 
1761-62,  chap. 
23. 


Money  bor. 


AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  ONE 
HUNDRED  AND  FIFTY-SEVEN  THOUSAND  POUNDS,  TO  BE  APPLIED 
FOR  THE  REDEMPTION  OF  GOVERNMENT  SECURITIES  THAT  WILL 
BECOME  DUE  IN  THE  YEAR  OF  OUR  LORD  ONE  THOUSAND  SEVEN 
HUNDRED  AND  SIXTY-SEVEN. 

Be  it  enacted  by  the  Governor ^  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  treasurer  of  the  province  be  and  he  hereby  is 
directed  and  impowered  to  borrow,  of  such  person  or  persons  as  shall 
appear  ready  to  lend  the  same,  from  time  to  time,  as  he  shall  have 
occasion  for  the  mone}',  a  sum  not  exceeding  one  hundred  and  fifty- 
seven  thousand  pounds,  in  raill'd  dollars  at  six  shillings  each,  or  in  the 
several  species  of  coined  silver  and  gold  enumerated  in  an  act  made 
and  passed  in  the  twent^'-third  year  of  his  late  majesty  King  George 
the  Second,  intituled  "An  Act  for  ascertaining  the  rates  at  which 
coined  silver  and  gold,  English  halfpence  and  farthings,  may  pass  within 
the  government ; ' '  and  the  sum  so  borrowed  shall  be  applied  in  man- 
ner as  in  this  act  is  hereafter  directed  ;  and  for  the  said  sum  the 
treasurer  shall  give  his  receipt  or  obligation  in  the  form  following : — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D. 

Borrowed  and  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  promise  and  oblige  myself  and  successors  in  the  office  of  treasurer, 
to  repay  the  said  or  to  his  order,  the  [20]  Itwentie'jth.  day 

of  June,  one  thousand  seven  hundred  and  sixty-eight,  the  aforesaid  sum  of 
,  in  Spanish  mill'd  dollars  at  six  shillings  each,  or  in  the  several 
species  of  coined  gold  and  silver  enumerated  in  an  act  made  and  passed  in 
the  twenty-third  year  of  his  late  majesty  King  George  the  Second,  intituled 
"An  Act  for  ascertaining  the  rates  at  which  coined  silver  and  gold,  English 
halfpence  and  farthings,  m£iy  pass  within  the  government,"  and  according  to 
the  rates  therein  mentioned,  with  ItheJ  interest,  annually,  at  five  per  cent. 
Witness  my  hand.  H.  G.,  Treasurer. 

A.B.,) 

C.  D.,  >•  Committee. 

E.  F.,i 

— and  no  receipt  shall  be  given  for  less  than  six  pounds. 

[Sect.  2.]  And  the  treasurer,  in  issuing  said  receipts  and  obliga- 
tions, and  the  committee  chosen  to  countersign  them,  shall  observe  and 
be  governed  by  the  rules  and  directions  given  them  by  an  act  of  this 
province,  made  in  the  second  year  of  his  present  majesty's  reign,  in- 
tit[w]led  "An  Act  to  supply-  the  treasury  with  the  sum  of  twentj'-five 
thousand  pounds." 

And  be  it  further  enacted, 

[Sect.  3.]     That  the  said  sum  of  one  hundred  and  fifty-seven  thou- 


[1st  Sess.] 


PROVINCE  Laws.— 1766-67. 


881 


sand  pouQds,  ordered  to  be  borrowed  by  this  act,  when  received  into 
the  treasiuy,  shall  be  applied  by  the  treasurer  for  the  redemption  of 
government  securities  that  will  become  due  in  June,  one  thousand 
seven  hundred  and  sixt^'-seven. 

And  in  order  to  draw  said  money  into  the  treasury  again,  and  enable 
the  treasurer  effectually  to  discharge  the  receip[t]s  and  obligations  (with 
the  interest  that  may  be  due  thereon),  by  him  given  in  pursuance  of  this 
act,  we,  his  majesty's  most  dutiful  and  loyal  subjects,  the  representa- 
tives of  the  province  of  the  Massachusetts  Bay,  in  great  and  general 
court  assembled,  have  chearfully  given  and  granted  unto  his  most  ex- 
cellent majest}'  a  tax  of  one  hundred  and  sixty-five  thousand  eight 
hundred  and  fifty  pounds,  to  be  levied  on  polls,  and  estates  both  real 
and  personal,  within  the  province,  according  to  such  rules,  and  in  such 
proportions  on  the  several  towns  and  districts  within  this  province, 
as  shall  l)e  agi-eed  on  and  ordered  by  the  great  and  [and]  general  court 
or  assembly  at  their  session  in  May,  one  thousand  seven  hundred  and 
sixty-seven,  and  to  be  paid  into  the  public  treasury  on  or  before  the 
thirt3-flrst  da}'  of  March,  one  thousand  seven  hundred  and  sixty-eight ; 
and  pra}-  that  it  may  be  enacted. 

And  be  it  accorcUiiglf/  enacted  by  the  Governor,  Council  and  House  of 
Rep  resentat  ives , 

[Sect.  4.]  That  there  be  and  hereby  is  granted  unto  his  most 
excellent  majesty  a  tax  of  one  hundred  and  sixty-five  thousand  eight 
hundred  and  fifty  pounds,*to  be  accordingl}'  levied  on  polls,  and  estates 
both  real  and  personal,  within  the  i)rovince,  according  to  such  rules, 
and  in  such  proportions  on  the  several  towns  and  districts  within  this 
province,  as  shall  be  agreed  on  and  ordered  by  the  general  court  or  as- 
sembly at  their  sessions  in  Ma^',  one  thousand  seven  hundred  and  sixt}- 
seven,  and  to  be  paid  into  the  public  treasury  on  or  before  the  thirty- 
first  day  of  March,  one  thousand  seven  hundred  and  sixt3--eight. 

And  be  it  further  enacted, 

[Sect.  5.]  That  if  the  general  court,  at  their  sessions  in  May,  one 
thousand  seven  hundred  and  sixt3'-seven,  and  some  time  before  the 
twentieth  day  of  June  in  said  jear,  shall  not  agree  and  conclude  upon 
an  act  apportioning  the  sums  which  by  this  act  are  engaged  to  be  paid 
in  said  year,  apportioned,  assessed  and  levied,  then  ancl  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  sum  as  the  said  towns  and 
districts  were  taxed  hy  the  general  court  in  the  tax  act  then  last  pre- 
ceeding. 

[Sect.  6.]  And  the  province  treasurer  is  hereby  ini powered  and 
directed,  some  time  in  the  month  of  June,  in  the  same  3'ear,  one  thousand 
seven  hundred  and  sixt^'-seven,  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 
parts  and  proportions  of  the  sums  before  directed  and  engaged  to  be 
assessed,  to  be  paid  into  the  treasury  at  or  before  the  aforementioned 
time  ;  and  tne  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  then  last  preceeding  tax  act.  \_Passed  June  27  ; 
published  Jane  '2S. 


rowed,  to  be 
applied  for  the 
rt'deinption  of 
government  se- 
curities. 


Tax  granted  for 
tlie  sum  bor- 
rowed, to  be 
paid  into  the 
treasury  31st 
March,  1768. 


If  the  court  shall 
not  apportion 
the  tax  iu  May, 
1767,  the  tax 
shall  then  be 
apportioned  as 
in  the  tax  act, 
preceding. 


Province  treas- 
urer to  issue  bia 
warrants  ac- 
cordingly. 


882 


Pkovince  Laws.— 1766-67. 


[Chap.  4.] 


CHAPTER    4. 


AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  EIGHTEEN 
THOUSAND   POUNDS. 


Preamble. 


Treasury  snp- 
plied  with 
£18,000. 

How  appro- 
priated. 


Treasurer  to 
pay  the  money 
out  of  the  ap- 
propiMatioiis 
directed  l)y 
warrant. 


Whereas  no  provision  is  made  to  defrej-  the  charges  of  gOA'^ernment 
for  the  present  year  ;  and  ivhereas  the  treasurer  has  represented  to  this 
court,  that,  when  the  taxes  for  the  3ear  one  thousand  seven  hundred 
and  sixt3"-five  are  paid  into  the  treasury,  with  the  excise  upon  spirituous 
liquors,  there  will  be  a  surplusage  in  the  treasury-  of  at  least  eighteen 
thousand  pounds, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  treasurer  l)e  and  he  hereby  is  directed  to 
apply  the  aforesaid  sum  of  eighteen  thousand  pounds  to  defre}^  the 
charges  of  government  for  the  ensuing  3'ear,  to  be  issued  in  the  manner 
following ;  that  is  to  say,  the  sum  of  seven  thousand  and  five  hundred 
pounds,  part  of  the  aforesaid  sum  of  eighteen  thousand  pounds,  shall  bo 
applied  for  the  payment  of  grants  made  or  to  l)e  made  b^-  this  court ; 
and  the  further  sum  of  three  thousand  and  three  hundred  pounds,  part 
of  the  aforesaid  sum  of  eighteen  thousand  pounds,  shall  I'.e  applied  for 
the  payment  of  his  majest_y's  council  and  the  members  of  the  house  of 
representatives  serving  in  the  great  and  general  court  during  the  several 
sessions  of  the  present  3'ear ;  and  the  further  sum  of  five  hundred 
pounds,  part  of  the  aforesaid  sum  of  eighteen  thousand  pounds,  shall  be 
applied  for  the  purchasing  [of]  provisions  and  the  commissary's  dis- 
bursements for  the  service  of  the  several  forts  and  garrisons  within 
this  province  ;  and  the  fiu-tiier  sum  of  fifteen  hundred  pounds,  part  of 
the  aforesaid  sum  of  eighteen  thousand  pounds,  shall  be  applied  for  the 
discharge  of  debts  owing  tVom  this  province  to  [)ersons  who  have  served 
and  shall  serve  them,  bv  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  printiug  for  this  court,  and 
repairs  of  the  province-house,  court-house,  lighthouse,  wood  at  Castle 
William,  aud  roi)airs  of  fortifications  within  this  province ;  and  the 
further  sum  of  four  thousand  i)ouiids,  [)art  of  the  aforesaid  sum  of 
eighteen  thousand  pounds,  sliall  be  applied  for  the  ])ayinent  of  [the] 
expences  of  the  sevci'al  forts  and  garrisons  witliin  this  i)rovince  ;  and 
the  further  sum  of  eleven  hundred  pounds,  part  of  the  aforesaid  sum  of 
eighteen  thousand  pounds,  shall  l^e  applied  for  the  payment  of  the 
bounty  upon  wheat  and  flour ;  and  the  further  sum  of  one  hundred 
pounds,  part  of  the  aforesaid  sum  of  eighteen  thousand  pounds,  shall 
be  ap[)lied  to  i)av  sucli  contingent  and  unforeseen  charges  as  ma\'  arise, 
and  for  no  other  purpose  whatever. 

And  he  it  further  enacted, 

[Sect.  2.]  That  the  treasurer  pay  the  aforesaid  sum  of  eighteen 
thousand  pounds  out  of  such  appro[)riations  as  shall  be  directed  by 
warrant,  and  no  other ;  and  the  secretaiy  to  whom  it  belongs  to  keep 
the  muster-rolls  and  account  of  charge,  sliall  la3'  before  the  house  of 
representatives,  when  tlie3'  direct,  such  muster-rolls  and  accounts  of 
charge,  after  payment  thereof.     \_Passed  June  '2.1 ;  published  June  28. 


[1st  Sess.] 


Pr.oviNCE  Laws.— 17G6-G7. 


883 


CHAPTEK    5. 

AN  ACT  FOR  REPEALING  TWO  ACTS,  ONE,  INTIT[U]LED  "AN  ACT  FOR 
PREVENTING  FRAUD  IN  DEBTORS,  AND  FOR  SECURING  THE  EF- 
FECTS OF  INSOLVENT  DEBTORS  FOR  THE  BENEFIT  OF  THEIR 
CREDITORS,"  THE  OTHER  ACT,  INTIT[U]LED  "AN  ACT  IN  ADDITION 
TO  'AN  ACT  FOR  PREVENTING  FRAUD  IN  DEBTORS,  AND  FOR  SE- 
CURING THE  EFFECTS  OF  INSOLVENT  DEBTORS  FOR  THE  BENEFIT 
OF  THEIR  CREDITORS,'"  BOTH  MADE  IN  THE  FIFTH  YEAR  OF  HIS 
PRESENT   MAJESTY'S   REIGN. 

"Whekeas  b^-  experience  it  has  been  found  that  the  two  acts  made 
in  the  fifth  3'ear  of  his  present  majesty's  reign,  for  preventing  fraud  in 
debtors,  and  for  securing  the  effects  of  insolvent  delators  for  the  bene- 
fit of  tlieir  creditors,  have  not  answered  tlie  good  purposes  therein 
designed, — 

Be  it  enacted  hy  the  Governor^  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  two  acts  aforesaid  be  and  hereb}'  are  repealed, 
and  every  clause  and  paragraph  therein. 

Provided,  nevertheless, — 

[Sect.  2.]  That  this  act  shall  not  l)e  so  construed  as  to  extend  to 
an}'  case  where  trustees  have  been  alreadv  appoinced,  or  where  applica- 
tion, agre[e]able  to  law,  has  been  heretofore  made  to  either  of  the 
justices  of  the  superio[«]r  court,  for  any  person  or  persons  that  are 
intitled  to  the  benefit  of  said  acts.    l_Passed  Jane  21 ;  published  Jane  28. 

"  These,  my  Lords,  are  the  reasons  assigned  by  His  Majesty's  Governor  for  pass- 
ing these  Laws;  and  upon  a  lull  consideration  tliereof,  and  a  due  attention  to  the 
Laws  themselves,  they  did  appear  to  us  to  be,  botli  in  their  principle  and  provision, 
just  and  necessary  Renjulations;  and  it  was  a  great  satisfaction  to  lis  to  see  the 
Legislature  of  this  Province  adopting  a  measure,  calculated  in  general  to  give  sta- 
bility to  public  credit  and  security  to  the  Foreign  Creditor. 

As  it  appeai-ed  however  that  the  Laws  were  of  temporary  duration,  we  thought 
it  advisable  to  suffer  them  to  lye  by  probationally,  trusting  that  what  the  Province 
had  for  the  present  only  adopted  as  an  experiment,  would  have  been  found  so  con- 
venient and  advantageous  as  might  have  induced  a  future  Law,  by  wliich  a  ]iro- 
vision  in  cases  of  Insolvency  might  liave  l)een  made  in  this  (as  it  is  in  most  otlier 
Colonies)  a  permanent  part  of  the  Constitution;  Your  Lcrdshijis  however  will  ob- 
serve, that,  by  the  Act  which  we  now  lay  liefore  you,  both  these  Laws,  represented 
by  His  Majesty's  Governor  to  have  been  so  essential  to  public  credit  and  the 
security  of  the  foreign  Creditor,  are  entirely  set  aside,  upon  a  general  suggestion  of 
inconvenience,  unaccompanied  with  any  representation  of  what  that  inconvenience 
was,  or  without  any  clause  suspending  the  execution  of  this  Act  of  repeal,  until  His 
Majesty's  pleasure  could  have  been  known;  and  therefore  we  beg  leave  to  recom- 
mend to  Your  Lordships  to  advise  His  Majesty  to  reject  it." — Report  of  Lords  of 
Trade,  June  26, 17G7:  "J/ass.  Baij,  B.  T.,"  vol.  SG,  p.  223,  in  P ahlic-Eceord  Office. 


Disallowed  by 

tho  privy  coua- 

ci  I.July  24, 

17G7. 

Preamble. 

176-t-65,  chap. 

35. 

1765-66,  chap.  2. 


Two  acts  re- 
pealed. 


CHAPTER   6. 


AN  ACT  FOR  APPORTIONING  AND  ASSESSING  A  TAX  OF  FORTY  THOU- 
SAND POUNDS;  AND  ALSO  FOR  APPORTIONING  AND  ASSESSING  A 
TAX  OF  TWO  THOUSAND  FIVE  HUNDRED  AND  FIFTY-THREE 
POUNDS  TWO  SHILLINGS  AND  SIXPENCE,  PAID  THE  REPRESENTA- 
TIVES FOR  THEIR  TRAVEL,  SERVICE  AND  ATTENDANCE  IN  THE 
GENERAL  COURT  IN  THE  YEAR  ONE  THOUSAND  SEVEN  HUNDRED 
AND  SIXTY-FIVE;  ALSO  FOR  APPORTIONING  AND  ASSESSING  A  TAX 
OF  NINETY-EIGHT  POUNDS  SEVEN  SHILLINGS,  LAID  UPON  TOWNS 
THAT  HAVE  NOT  SENT  ANY  PERSON  TO  REPRESENT  THEM  IN  THE 
GENERAL  COURT  THE  PRESENT  YEAR;  [.I*]ND  ALSO,  FOR  ASSESS- 
ING THE  TOWN  OF  SWANZEY  THE  SUM  OF  FIFTY  POUNDS,  BEING 
PART  OF  THE  SUM  OF  THREE  HUNDRED   POUNDS  LENT  SAID  TOWN 


884  Peovince  Laws.— 17G6-67.  [Chap.  6.] 

IN  THE  YEAR  ONE  THOUSAND  SEVEN  HUNDRED  AND  SIXTY-FOUR; 

AND  ALSO,  [FOB  .4,S'*]SESSING  THE  TOWN  OF  DEERFIELD  THE  SUM 
OF  TWENTY-FIVE  POUNDS  SEVENTEEN  SHILLINGS  AND  ONE  PEN- 
NY, PAID  OUT  OF  THE  PUBLIC  TREASURY  TO  JOHN  WORTHINGTON, 
ESQCi'J.,  AND  OTHERS,  A  COMMITTEE  TO  ENABLE  [TIIEM  TO*]  RUN 
THE  LINE  BETWEEN  DEERFIELD  AND  HUNT'S  TOWN;  AND  ALSO, 
FOR  ASSESSING  THE  SUM  OF  TEN  POUNDS  TWO  SHILLINGS  AND 
SIXPENCE  ON  THE  DISTRICT  OF  NEW  SALEM,  BEING  SO  MUCH  PAID 
THE  SELECTMEN  [OF  5';7V*-]DERLAND  IN  FULL  OF  ANY  DISPUTES 
BETWEEN  THE  TOWN  OF  SUNDERLAND  AND  DISTRICT  OF  NEW 
SALEM,  RELATIVE  TO  REPRESENTATIVES'  PAY;  AND  ALSO,  FOR  AS- 
SESSING THE  SUM  OF  THIRTY-SIX  POUNDS  [VZ*]NETEEN  SHILLINGS 
AND  TENPENCE  HALFPENNY  ON  THE  TOWN  OF  FALMOUTH,  AND 
THE  SUM  OF  SIX  POUNDS  NINE  SHILLINGS  AND  FOURPENCE  ON 
THE  TOWN  OF  NORTH  YARMOUTH,  AND  THE  SUM  OF  FIVE  POUNDS 
FIFTEEN  SHILLINGS  AND  TWOPENCE  ON  THE  TOWN  OF  BRUNS- 
WICK, MAKING  IN  THE  WHOLE  THE  SUM  OF  FORTY-NINE  POUNDS 
FOUR  SHILLINGS  AND  FOURPENCE  HALFPENNY,  BEING  A  TAX  RE- 
MITTED GORHAMTOWN,  FOR  THE  YEAR  ONE  THOUSAND  SEVEN 
HUNDRED  AND  SIXTY-FOUR,  AND  ORDERED  TO  BE  ADDED  TO  THE 
PRESENT  YEAR'S  TAX  OF  THE  SEVERAL  TOWNS  AFORESAID,  AND 
IN  MANNER  AFORESAID;  WHICH  TAXES  ARE  TO  BE  OVER  AND 
ABOVE  THEIR  PROPORTION  OF  WHAT  WAS  LAID  ON  SAID  TOWNS: 
WHICH  SUMS  AMOUNT  TO  FORTY-TWO  THOUSAND  SEVEN  HUN- 
DRED EIGHTY-SIX  POUNDS  THIRTEEN  [87/»]ILLINGS  AND  FIVE- 
PENCE   HALFPENNY. 


§4 


Whereas  the  great  and  general  court  or  assembly  of  this  provhice, 
1765-66,  chap.  9,  by  an  act  made  and  passed  at  their  sessions  in  Ma}',  one  thousand 
seven  hundred  and  sixty-flve,  on  the  grant  of  the  house  of  representa- 
tives, agreed  upon  and  ordered  a  tax  of  one  hundred  and  ninety-seven 
thousand  pounds  ;  and  ivhereas  hy  the  act  aforesaid  provision  is  made 
that  the  general  court,  at  their  present  session,  might  apportion  the 
same  on  the  several  towns,  districts,  parishes  and  places  within  this 
province,  if  they  should  think  fit ;  yet  inasmuch  as  such  a  heav}'  tax 
will  be  extremel}'  burthensome  to  the  inliabitants  of  this  province,  under 
their  i)resent  distressed  circumstances,  and  as  some  of  the  possessors 
of  the  goveriunent  securities,  for  tlie  redemption  of  which  the  aforesaid 
sum  of  one  hundred  ninet^'-seven  tliousand  pounds  is  applied,  are  will- 
ing to  continue  tlieir  money  upon  loan,  jjayable  at  a  further  period, 
which,  with  the  tax  of  forty  thousand  pounds  now  agreed  to  be  assessed 
and  levied  this  year,  will  be  sufficient  to  redeem  the  government  secu- 
rities, with  the  interest  thereon,  which  v/ill  become  due  in  June,  [17G7] 
[o»e  thousand  seven  hundred  and  sixty-seven']  ;  wherefore,  for  the 
ordering,  directing  and  effectually  drawing  in  the  sum  of  forty-two 
'  thousand  seven  hundred  eighty-six  pounds  thirteen  shillings  and  five- 
pence  halfpenn}',  and  to  the  end  that  the  same  may  be  apportioned, 
assessed  and  levied  in  the  easiest  manner  we  are  able,  for  the  benefit  of 
his  majest^-'s  subjects,  and  also  that  his  majesty's  government  witliin 
this  province  may  have  the  better  and  more  speed}'  eflfect  of  said  grant, 
we,  his  majesty's  most  loyal[l]  and  dutiful  subjects,  the  representatives 
in  general  court  assembled,  pray  that  it  may  be  enacted, — ■ 

And  be  it  accordinghj  enacted  by  the  Governor,  Council  and  House 
of  Representatives, 

[Sect.  1.]  That  each  town,  district,  i)arish  or  other  place  within 
this  province  be  assessed  and  pay,  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  forty-two  thousand  seven  hundi-etl 
and  eighty-six  pounds  thirteen  shillings  and  fivepence  halfpenu}-,  thj 
several  sums  following  ;  that  is  to  sa}-, — 

*  Parchment  mutilated. 


[1st  Sess.] 


Province  Laws.— 1766-67. 


885 


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Province  Laws. — 1766-67. 


[Chap.  6.] 


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[1st  Sess.]  Province  Laws.— 1766-67.  897 

[^*]nd  he  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,  district,  parish  or  ™^"  ' 
other  place  within  tliis  province,  that  are  [<aic*]ed,  requiring  tiiem,  re- 
spectivel^s  to  assess  the  sum  hereby  set  upon  such  town,  district,  parish 
or  other  place,  in  manner  following  ;  that  is  to  sa}',  to  assess  all  rateable 
polls  above  the  age  of  sixteen  _years,  within  their  respective  towns,  dis- 
tricts, parishes  or  other  places,  or  next  adjoining  to  them,  belonging  to 
no  other  town  or  place,  at  five  shilUngs  and  fourpence,  and  proportion- 
ably  in  assessing  the  additional  sum  paid  out  of  the  treasury  to  the  rep- 
resentatives, for  their  travel  and  attendance  aforesaid  (excepting  the 
governor,  lieutenant-governor  and  their  families,  the  president,  fellows, 
professors,  Hebrew  instructor  and  students  of  Harvard  College,  settled 
ministers  and  gramm[e]  [(x]r-school  masters,  who  are  hereb}-  exempted 
as  well  from  being  taxed  for  their  polls,  as  their  estates  being  in  their  own 
hands,  and  under  their  actual  management  and  improvement ;  as  also 
the  estate  pertaining  to  Harvard  College)  ;  and  other  persons,  if  such 
there  be,  who,  through  age,  infirmity  or  extreme  poverty',  in  the  judg- 
ment of  the  assessors,  are  not  able  to  pay  towards  public[k]  charges, 
the}'  ma}'  exempt  their  polls  or  estate,  or  abate  part  of  what  they  are 
set  at,  as  in  their  prudence  they  shall  think  lit  and  judge  meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  respec- 
tive counties  assembled,  in  granting  a  county  tax  or  assessment,  are 
liereb}'  ordered  and  directed  to  apportion  the  same  on  the  several 
towns,  districts,  parishes  and  other  places  in  such  county,  in  proportion 
to  the  province  rate  ;  and  the  assessors  of  each  town  in  the  province 
are  also  directed,  in  making  an  assessment,  to  govern  themselves  by  the 
same  rule  ;  and  the  incomes  of  all  estates,  both  real  and  personal,  lying 
within  the  limits  of  such  town,  district,  parish  or  other  place,  or  next 
unto  the  same,  not  paying  elsewhere,  in  whose  hands,  tenure,  occupa- 
tion 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  what- 
soever, and  all  profits  which  shall  or  may  arise  b}-  mone}-,  or  commis- 
sions of  profit,  in  their  improvement,  at  twelvepence  per  pound  ;  and  to 
abate  or  multiply  the  same,  if  need  be,  so  as  to  make  up  the  sum  set 
and  ordered  hereby  for  each  town,  district,  parish  or  other  place  to 
pa}- ;  and  in  making  the  said  assessment,  to  estimate  houses  and  lands 
at  six  years'  yearly  rent  whereat  the  same  may  be  reasonably  set  or  lot 
for  in  the  place  where  they  lye  :  saving  all  agreements  between  land- 
lord and  tenant,  and  where  no  agreement  is,  the  landlord  to  reim- 
burse one-half  of  the  tax  set  upon  such  houses  and  lands  (new  cleared 
lands  for  tillage  not  to  be  rated  until  the  first  crop  be  taken  off)  ;  and 
to  estimate  negro,  Indian  and  molatto  servants  proportionably  as  other 
personal  estate,  according  to  their  sound  judgment  or  discretion  ;  as 
also  to  estimate  every  ox  of  four  years  old  and  upwards,  at  forty  shil- 
lings ;  every  cow  or  heifer  of  three  years  old  and  upwards,  at  thii'ty 
shillings;  and  every  [/ior*]  se  and  mare  of  three  years  old  and  upwards, 
at  forty  shillings ;  and  every  swine  of  one  year  old  and  upwards,  at 
eight  shillings  ;  goats  and  sheep  of  one  year  old  and  upwards,  at  three 
shillings  each ;  [the  se*]veral  creatures  above  mentioned  to  be  taxed  to 
their  respective  owners  or  occupants,  b}  the  assessors  of  the  town  in 
which  the  owners  or  occupants  dwell :  likewise  requiring  the  said 
assessors  [to  make*^  a  fair  list  of  said  assessment,  setting  forth,  in  dis- 
tinct 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 
*  Parcliment  mutilated. 


898 


Peovince  Laws. — 1766-67. 


[Chap.  6.] 


Inhabitants  to 
bring  in  a  true 
list  of  polls, 
estate,  &c. 


if  as  guardians,  or  for  an>'  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  collector,  or 
constable  or  constables  of  an^'  such  town,  district,  parish  or  place,  and 
to  return  a  certificate  of  the  name  or  names  of  such  collector,  [con- 
stah*'\\c,  or  constables,  with  the  sum  total  to  each  of  them  committed, 
unto  himself,  some  time  before  the  last  day  of  November  next. 

[Sect.  4.]  And  the  treasurer,  for  the  time  being,  upon  receipt  of 
such  [cer^/7*]icate,  is  hereby  [e][f]mpowered  and  ordered  to  issue 
forth  his  warrants  to  the  collector,  [o/-]  constable  or  constables  of  such 
town,  district,  parish  or  place,  requiring  him  or  them,  respectively,  to 
[coZ/e*]  ct  the  whole  of  each  respective  sum  assessed  on  each  particular 
person,  and  to  pay  in  their  collection,  and  issue  their  accompts  of  the 
whole,  at  or  before  the  thirtieth  day  of  March,  [ivldch*'\  will  be  in  the 
3'ear  of  our  Lord  one  thousand  seven  hundred  and  sixty-seven. 

And  he  it  farther  enacted, 

[Sect.  5.]  That  the  assessors  of  each  town,  district,  parish  or  other 
place,  respectively,  in  convenient  time  before  their  making  of  the 
assessment,  shall  give  [se*]asouable  warning  to  the  inhabitants,  in  a 
town-meeting  or  by  posting  up  notifications  in  some  place  or  places  in 
such  town,  district,  parish  or  place,  or  notify  the  inhabitants  some  other 
way,  to  give  or  bring  in  to  the  assessors  true  and  perfect  lists  of  their 
])oils,  and  rateable  estate  they  shall  be  possessed  of,  on  the  first  Monday 
[of][u(]  September  next,  and  income  by  trade  [and]  [or]  faculty-,  and 
gain  by  money  at  interest,  which  they  are  to  render  to  the  assessors,  on 
oath,  if  required  ;  and  if  thej-  refuse  to  give  in  an  account  of  the  money 
at  interest,  on  oath,  the  assessors  are  [e][/]mpowered  to  doom  them; 
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  of  this  tax,  as 
near  as  they  can,  agre[(?]able  to  the  rules  herein  given,  under  the  pen- 
alt}'  of  twenty  shillings  for  each  person  that  shall  be  convicted  b}'  legal 
proof,  in  the  judgment  of  said  assessors,  in  bringing  in  a  false  list ;  the 
said  fines  to  be  for  the  use  of  the  poor  of  such  town,  district,  parish  or 
place  where  the  delinquent  lives,  to  be  levied  b}-  warrant  from  the  assess- 
ors, directed  to  the  collectors  or  constables  in  manner  as  is  directed  for 
gathering  the  town  assessments,  to  be  paid  into  the  town,  district  or 
parish  treasury,  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  the  case  of  being  overrated.  And  if  any  person 
or  persons  shall  not  bring  in  a  list  of  their  estates  as  aforesaid  to  the 
assessors,  he  or  they  so  neglecting  shall  not  be  admitted  to  make  appli- 
cation to  the  court  of  general  sessions,  for  an}'  abatement  of  the  assess- 
ment laid  on  him  or  them. 

[Sect.  G.]  And  if  the  person  be  not  convicted  of  an}'  falseness  in 
the  list  b}-  him  presented,  of  the  polls,  rateable  estate,  or  income  b}'  trade 
or  facult}',  business  or  employment,  which  he  does  or  shall  exercise,  or 
in  gain  b}'  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  ma}'  not  exceed. 

And  forasmuch  as,  oftentimes,  sundry  persons,  not  belonging  to  this 
province,  bring  considerable  trade  and  merchandize  into  the  same,  and 
by  reason  that  the  tax  or  rate  of  the  town  where  they  come  to  is  fin- 
ished and  delivered  to  the  constable  or  collectors,  and,  before  the  next 
year's  assessment,  are  gone  out  of  the  province,  and  so  pay  nothing 

*  Parchment  mutilated. 


[1st  Sess.] 


Province  Laws.— 17G6-67. 


899 


towards  the  support  of  the  government,  tho'[ugh],  in  the  time  of  their 
residing  here,  they  reaped  considerable  gain  by  trade,  and  had  the  pro- 
tection of  the  government, — 

Be  it  therefore  enacted^ 

[Sect.  7.]  That  when  any  person  or  persons  shall  come  and  reside 
in  an}'  town  within  this  province,  and  luring  an}-  merchandize,  or  trade 
to  deal  therewith,  the  assessors  of  such  town  are  hereby  [e][;"]m- 
l^owered  to  rate  and  assess  all  such  persons,  according  to  their  circum- 
stances, pursuant  to  the  rules  and  directions  of  this  act  provided, 
though  the  former  rate  may  have  been  finished,  and  a  new  one  not  per- 
fected, as  ix\_foresaid.*~\ 

And  he  it  further  enacted^ 

[Sect.  8.]  That  w-hen  any  merchant,  trader  or  factor,  shall  set  up 
a  store,  and  traffic[^•],  or  carry  on  any  trade  or  business,  in  any  town 
within  this  province,  not  being  an  inhabitant  of  \_such  town.,  the*^ 
assessors  of  such  town  where  such  trade  [or]  [and]  business  shall  be 
carried  on  as  aforesaid,  be  and  hereby  are  [e][i]mpowered  to  rate  and 
assess  all  such  merchants,  traders  and  factors,  their  goods  and  mer- 
chandl^izes,  for  carrying*^  on  such  trade  and  business  and  exercising 
their  faculty  in  such  town,  pursuant  to  the  rules  and  directions  in  this 
act :  provided.,  before  any  such  assessors  shall  rate  such  persons,  as 
af(n-emcntion[ecZ,  the  selectmen*']  of  the  town  where  such  trade  is  car- 
ried "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  dis[?r«cf.*] 

[Sect.  9.]  [ylnd  tlie  cohs*] tables  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  th[ose  ivhere  then  currt/  on  their  trade,  a?(rfpa*]y  the  same. 

\^And  where*]as  it  has  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  avoitl  i)aying  their  part  of  the 
taxes  in  the  town  of  Boston,  \_to  ivhich  they*]  really  belong,  to  the  great 
injury  of  the  said  town, — 

Be  it  therefore  enacted, 

[Sect.  10.]  That  when  any  inhabitant  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  the  [^said 
i*]own,  [he]  shall  be  subject  to  pay  [the]  said  taxes,  in  like  manner  as 
he  would  have  been  had  he  not  have  lemoved  from  sai(.l  Boston  (saviiir/ 
so  much  as  he  shall  be  taxed  in  the  town  [he]  removed  to) ,  anything 
in  this  act  to  the  [^contra*]vy  notwithstanding.     \^Passed  June  27. 


Transient 
traders  to  De 
rated. 


Merchants  to  be 
latod  for  curry- 
iiiif  on  trade  ia 
any  town  be- 
sides where 
they  dwell.     , 


Selectmen  to 
transmit  a  list 
of  such  persons 
before  they  are 
rated. 


Inhabitants  of 
Boston  who  re- 
move out  of 
town  and  return 
in  a  year,  to  pay 
said  tax  in  their 
town. 


CPIAPTER    7. 

AN  ACT  FOR  REVIVING  AND  CONTINUING  AN  ACT  MADE  IN  THE 
FOURTH  YEAR  OF  HIS  PRESENT  MAJESTY,  INTITLED  "AN  ACT  FOR 
ALLOWING  NECESSARY  SUPPLIES  TO  THE  EASTERN  INDIANS,  AND 
FOR  REGULATING  THE  TRADE  WITH  THEM,  AND  PREVENTING 
ABUSES  THEREIN." 


Whereas  an  act  made  in  the  fourth  year  of  his  present  majest^-'s  Pi-cambie. 
reign,  intitled  "An  Act  for  continuing  and  amending  an  act  for  allow-   i^6o-64,  chap. 
ing  necessary  supplies  to  the  eastern  Indians,  and  for  regulating  the 
*  Parchment  mutilated. 


900 


PnovmcE  Laws.— 1766-67. 


[Chap.  8.] 


Act  continued. 


trade  with  them,  and  for  preventing  abuses  therein,"  has  been  found 
useful  and  beneficial,  and  is  now  expired, — 

Be  it  therefore  enacted  hy  the  Governor,  Council  and  House  of 
Representatives, 

That  the  said  act,  in  all  and  every  article  and  clause,  matter  and 
thing,  be  and  is  hereby  revived,  and  shall  be  in  force  until  the  thirtieth 
of  June,  which  will  be  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  sixtj^-seven.     \_Passed  and  published  June  28. 


CHAPTER    8. 

AN  ACT  TO  PREVENT    FRAUDS    BY  THE   ADULTERATION  OF    POTASH 

AND  PEARLASH. 


Preamble. 
1754-55,  chap. 
26. 


Casts  to  be 
branded, 


— in  the  pres- 
ence of  tlie 
carrier, 

— who  shall 
make  oath. 


Justice  to  certi- 
fy the  same. 


Penalty  on  mix- 
ing or  adulter- 
ating. 


Justice,  upon 


Whereas  the  manufacture  of  potash  and  pearlash  is  of  great  impor- 
tance to  this  government,  and  as  there  are  great  complaints  of  gross 
adulterations  in  said  manufacture,  which,  if  not  prevented,  may  not  only 
be  of  great  disadvantage  to  the  province  in  general,  but  to  honest  and 
industrious  individuals,  and  wholly  destroy  that  valuable  branch  of 
manufacture, — 

■  Be  it  enacted  by  the  Governor,  Cou)^cil  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  every  manufacturer  or  original  owner  of  any 
pofash  or  pearlash  made  for  sale,  shall,  upon  each  cask  or  vessel[l], 
in  which  such  potash  or  pearlash  shall  be  packed,  cause  the  same  to  be 
bi-anded  with  the  first  letter  of  his  Christian  name,  and  with  his  sirname 
at  length,  as  also  the  name  of  the  town  or  district  in  which  such  potash 
or  pearlash  was  made  ;  and  every  person  offering  to  sell  any  potash  or 
pearlash,  the  cask  or  vessel [1]  in  which  the  same  is  contained  not  being 
branded,  as  aforesaid,  shall  forfci,t  and  pay  the  sum  of  five  pounds. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  the  branding  of  each  cask  of  potash  or  pearlash, 
as  hereinbefore  by  this  act  requii'ed,  shall  l^e  done  in  the  presence  of 
the  person  who  shall  be  employed  to  convey  the  same  to  market,  and  at 
the  time  of  his  taking  the  same  into  his  possession  ;  and  such  person 
shall,  at  the  delivery  thereof  at  the  market,  make  oath,  before  a  justice 
of  the  peace,  that  the  several  casks  of  potash  or  pearlash  by  him  so 
delivered,  were  branded  by  the  manufacturer  or  vender  thereof,  in  his 
])resence,  and  at  the  time  of  his  receiving  them  for  transportation,  and 
that  they  have  been  in  his  custody,  and,  so  far  as  he  knows,  not  been 
opened,  trom  the  time  of  his  first  taking  the  same  into  his  charge  ;  and 
such  justice  shall  deliver  a  ceitificate  of  such  oath,  if  desired,  to  the 
person  or  persons  who  ma}'  purchase  such  commodit}',  for  which  cer- 
tificate and  oath  he  shall  be  allowed  one  sliilling. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  any  person  who  shall  adulterate  any  potash  or 
pearlash,  by  mixing  the  same  with  any  lime,  marine  salt,  or  any  other 
matter  foreign  to  the  nature  of  those  commodities,  or  b}-  any  other  way 
or  manner  what  [so]  ever,  and  afterwards  ofler  the  same  to  sale,  shall 
forfeit  and  pay  a  sum  not  exceeding  thirty  pounds  nor  less  than  five 
pounds,  accoi-ding  to  the  nature  of  the  offence,  for  each  ton  thereof, 
and  so,  in  proportion,  for  anj-  greater  or  smaller  quantity  of  potash  or 
pearlash. 

And  be  it  further  enacted, 

[Sect.  4.]     That  in  cases  where  a  strong  suspicion  of  adulteration 


[1st  Sess.]  Province  Laws.— 1766-67.  901 

arises,  in  either  potash  or  pearlash,  if  an}'  credible  person  shall  make  complaint,  to 
complaint  to  a  justice  of  the  peace,  in  the  county  where  such  potash  or  of  "the  complain^ 
pearlash  shall  be  offered  to  sale,  it  shall  be  in  the  power  of  such  justice,   ant  to  prosecute, 
first  taking  sufficient  securit}'  of  the  person  so  complaining,  to  respond, 
and  pay  the  person  or  persons  whose  potash  or  pearlash  shall  be  so 
suspected  and  complained  of,  all  his  or  their  reasonable  charge  and  ex- 
pence,  and  the  damage  that  shall  arise,  by  reason  of  said  complaint,  or 
for  not  prosecuting  the  same,  provided  the  potash  or  pearlash,  supposed 
to  be  adulterated,  appear,  upon  trial,  to  be  good  ;  and  he  is  hereby  en-  Justice  to  issue 
joined  to  make  out  a  warrant,  directed  to  the  sheriff,  his  undersheriff  ["ue^ouJTeuf- 
or  deput}',  or  either  of  the  constables  of  the  town,  requiring  them,  or  ficient  quantity 
either  of  them,  to  seize,  and  take  into  their  custod_y,  so  much  of  the    °'^^''^ 
contents  of  any  and  ever}'  cask  of  potash  or  pearlash,  not  exceeding 
the  quantity  of  two  pounds,  out  of  each  suspected  cask,  as  may  be 
necessary  in  order  to  the  conviction  of  any  offender  against  this  act. 

And  be  it  further  enacted, 

[Sect.  5.]     That  the  master  or  owner  of  any  ship  or  vessel,  who  shall  Penalty  on  re- 
receive  on  board  the  same  any  potash  or  pearlash,  the  cask  containing  the  any  "ca^ks  not^ 
same  not  being  branded  as  aforesaid,  shall  forfeit  and  pay  the  sum  of  branded, 
five  pounds  for  each  cask,  excepting  such  potash  or  pearlash  as  is  now 
in  the  hands  of  any  person  who  has  already  purchased  the  same  ;  in 
which  case  the  shipper  shall,  bond  fide,  make  oath,  before  any  one  of 
his  majesty's  justices  of  [the']  peace  who  is  impowered  hereby  to  ad- 
minister said  oath,  that  the  said  potash  or  pearlash  was  purchased 
before  the  twentieth  day  of  July,  one  thousand  seven  hundred  and 
sixty-six. 

And  be  it  further  enacted, 

[Sect.  6.]     That  all  fines  and  forfeitures  arising  by  the  breach  of  Forfeitures ap- 
this  act,  shall  be  applied,  one  moiety  thereof  to  and  for  the  use  of  this  p^®*^' 
government,  and  the  other  moiety  to  and  for  the  use  of  the  prosecutor ; 
to  be  recovered  by  action,  bill,  plaint  or  information,  in  any  of  his 
majesty's  courts  of  record. 

[Sect.  7.]     This  act  to  be  in  force  from  the  twentieth  day  of  July  Continuation  of 
next,  until[l]  the  twentieth  day  of  July,  Anno  Domini  one  thousand  *^®^'='- 
seven  hundred  and  sixty-seven.     [^Passed  and  published  June  28. 


902 


Peovince  Laws.— 1786-67. 


[Chap.  9.] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-ninth  day  of  October,  A.D. 
1766. 

CHAPTER  9. 


Preamble. 


Bounds  of 
Mendon,  South 
Precinct. 


AN  ACT  TO  ERECT  THE  SOUTH  PART  OF  THE  FIRST  PRECINCT  IN 
THE  TOWN  OF  MENDON,  IN  THE  COUNTY  OF  WORCESTER,  INTO  A 
SEPARATE   PRECINCT. 

"Whereas  the  erecting  the  south  part  of  the  first  precinct  in  the 
town  of  Mendon,  in  the  county  of  Worcester,  into  a  separate  precinct, 
would  serve  to  remove  manj^  difficulties  and  inconveniences  which  the 
inhabitants  labour  under, — 

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

[Sect.  1.]  That  the  said  inhabitants,  with  their  lands,  containing 
one-half  the  lands  in  said  first  precinct,  bounded  as  follows  ;  x'xz^^K,  be- 
ginning at  the  south-west  corner  of  Mendon,  run[?i]ing,  north,  on  Ux- 
bridge  line,  three  miles,  one  hundred  and  twenty-eight  rods,  to  a  heap  of 
stones  on  Capt[aui]  Daniel  Taft's  farm  ;  then,  turning,  and  run[n]ing, 
east,  eight  degrees  south,  to  a  heap  of  stones  b}^  the  road  leading  from 
Thomas  Taft's  to  John  Boj'ce's  ;  continuing,  the  same  point,  to  a  heap  of 
stones  by  the  road  leading  from  Dam  Swamp  to  Ensign  Benjamin  Dar- 
ling's ;  continuing,  the  same  point,  to  a  heap  of  stones  on  the  east  side 
of  the  road  called  Rehoboth  Road,  south  of  Darius  Daniel's  orchard; 
continuing,  the  same  point,  to  a  pitch-pine  tree  at  or  near  Bellingham 
line  ;  together  with  the  farm  belonging  to  the  heirs  of  Capt.  Daniel 
Tafts,  deceased,  and  Joseph  Day's  farm,  both  lying  on  the  north  side 
of  said  line, — be  and  hereby'  are  erected  into  a  precinct  b}-  the  name  of 
the  South  Precinct ;  and  that  the  inhabitants  of  the  said  South  Precinct 
be  and  hereby'  are  invested  with  all  the  powers  and  privile[d]ges,  and 
subjected  to  all  the  duties,  that  precincts  in  this  province,  by  law,  are 
invested  with  and  subjected  to. 

Be  it  further  enacted, 

[Sect.  2.]  That  Nathan  T3-ler,  Esquire,  be  and  hereby  is  im- 
powered  to  issue  his  warrant,  directed  to  some  principal  inhabitant 
within  said  precinct,  requiring  him  to  warn  the  inhabitants  of  said  pre- 
cinct, qualified  to  vote  in  precinct  affairs,  to  assemble  at  some  suitable 
time,  and  place  in  said  precinct,  to  chuse  such  officers  as  are  necessary 
to  manage  the  affairs  of  said  precinct.     [^Passed  November  8. 


[2d  Sess.] 


Peovince  Laws. — 1766-67. 


903 


CHAPTER    10. 

AN  ACT  FOR  GRANTING  COMPENSATION  TO  THE  SUFFERERS,  AND 
OF  FREE  AND  GENERAL  PARDON,  INDEMNITY  AND  OBLIVION  TO 
THE   OFFENDERS   IN   THE   LATE   TIMES. 


Whereas  the  king's  most  excellent  majesty-,  taking  into  his  gracious 
and  serious  consideration  the  troubles,  discords,  tumults  and  riots 
which  have  lately  happened  in  America,  and  that  divers  of  his  subjects 
have  thereby  greatly  suffered  in  their  property,  and  others  have  fallen 
into  and  are  obnoxious  to  great  pains  and  penalties, — out  of  a  heart}' 
and  pious  desire  that  such  sufferers  be  compensated,  and  to  put  an  end 
to  all  suits,  controversies  and  prosecutions,  that,  by  occasion  of  the  late 
disti'actions,  have  arisen  or  may  arise  between  any  of  his  majesty's 
subjects,  and  to  the  intent  that  a  veil  be  drawn  over  the  late  unhapp}' 
excesses, — has  been  graciously  pleased  to  signify  his  desire  to  forgive 
and  forget  them ;  at  the  same  time,  of  his  abundant  clemency,  recom- 
mending a  compensation  to  the  sufTerers  in  their  property,  with  such  a 
conduct,  in  general,  as  shall  be,  at  this  great  crisis,  the  best  means  of 
fixing  the  mutual  interest  and  inclination  of  Great  Britain  and  her  colo- 
nies on  the  most  firm  and  solid  foundation  ;  from  a  grateful  sense  of 
his  majesty's  grace  and  clemency,  in  order  to  promote  internal  peace 
and  safety,  to  make  compensation  to  said  sufferers,  and,  as  a  means,  so 
far  as  it  is  in  our  power,  of  demonstrating  to  all  the  world  our  sense  of 
the  happiness  we  enjoy  in  being  apart  of  the  British  empire,  and  being 
intitled  to  the  rights,  liberties  and  privileges  of  British  subjects,  we, 
his  majest3''s  most  dutiful  and  loyal  subjects,  the  representatives  of  the 
commons  of  this  province,  in  the  great  and  general  court  assembled,  of 
our  free  and  good  will  have  resolved  to  give  and  grant,  and  pray  that 
it  be  enacted, — 

And  be  it  accordingly  enacted  by  the  Governor^  Council  and  House  of 
Mepresentatives, 

[Sect.  1.]  That  there  be  granted  and  paid  out  of  the  public  treasury 
of  this  province,  to  the  hon[o?'a]ble  Thomas  Hutchinson,  Esq^'^,  the 
sum  of  three  thousand  one  hundred  and  ninet3'-four  pounds  seventeen 
shillings  and  sixpence,  in  full  compensation  for  the  losses  and  suffer- 
ings that  he  and  the  several  persons  in  his  family  sustained  in  the  late 
times  of  confusion  ; — 

To  the  hon[ora]ble  Andrew  Oliver,  Esq'^'^.,  the  sum  of  one  hundred 
and  seventy-two  pounds  four  shillings  ; — 

To  Benjamin  Hallowell,  jun"^'^.,  Esq"^"^.,  the  sum  of  three  hundred  and 
eighty-five  pounds  six  shillings  and  tenpence  ; — 

To  William  Story,  Esq^'^,  the  sum  of  sixt^'-seven  pounds  eight  shil- 
lings and  tenpence  :  in  full  compensation  for  their  losses  and  sufferings 
in  the  late  times  of  confusion. 

And  be  it  further  enacted, 

[Sect.  2.]  That  all  riots,  routs  and  unlawful  assemblies,  councelled, 
commanded,  acted,  done  or  made,  within  this  province,  between  the 
first  day  of  August,  one  thousand  seven  hundred  and  sixt3--five,  and 
the  first  day  of  Ma^-,  one  thousand  seven  hundred  and  sixtj'-six  ;  and 
all  burglaries,  felonies,  rescues  and  breaches  of  the  peace  whatsoever, 
committed  in,  b}',  or  during,  such  riots,  routs  and  unlawful  assemblies, 
be  and  hereb}'  are  pardoned,  released,  indemnified,  discharged  and  put 
in  utter  oblivion  ;  and  that  all  and  every  the  person  or  persons  acting, 
advising,  assisting,  abetting  and  coun[c][.s]elling  the  same,  be  and 
are  hereby  pardoned,  released,  acquitted,  indemnified  and  discharged 
from  the  same,  and  of  and  from  all  pains  of  death  and  other  pains, 


Disallowed  by 
Uie  privy  coun- 
cil, May  13, 
1767. 
Preamble. 


Compensafion 
to  the  several 
Buflerers. 


rndcmnification 
to  the  ofl'enilcl'S. 


904 


Province  Laws. — 1766-67. 


[Chap.  lO.J 


This  act  may  be 
given  in  evi- 
dence in  case  of 
prosecution. 


Froviso. 


Froviso. 


judgmentb,  indictments,  convictions,  penalties  and  forfeitures,  ttierefor 
had  or  given,  or  tliat  might  accrue,  for  the  same  ;  and  that  such  indict- 
ments, convictions  and  forfeitures  are  hereby  declared  null  and  void. 

And  be  it  further  enacted, 

[Sect.  3.]  That  any  person  indicted  or  presented,  or  in  any  manner 
prosecuted,  or  that  shall  or  may  be  hereafter  indicted,  presented,  or  in 
any  manner  prosecuted,  for  an}'  of  the  offences  b}-  this  act  pardoned, 
may  plead  the  general  issue,  and  give  this  act  in  evidence,  which  shall 
be  suflScient  to  acquit  him. 

Provided, — 

[Sect.  4.]  That  nothing  in  this  act  contained  shall  extend  to  the 
pardoning,  or  give  any  benefit  whatever  to,  an}-  person  who  is  or  may 
be  unlawfully  possessed  of  an}'' goods  or  chatt[el][?e]s,  taken  or  stolen 
from  any  person,  unless  the  possessor  shall,  within  thirty  days  after 
the  publication  of  this  act,  have  surrendered  and  delivered  them  up 
to  the  province  treasurer,  for  the  use  of  the  province. 

Provided,  also, — 

[Sect.  5.]  That  nothing  in  this  act  shall  extend  to  the  barring  any 
civil  action  of  trespass,  for  damages  sustained  by  any  person  not  by 
this  act  compensated,  nor  to  the  pardoning  any  of  the  crimes  or  offences 
above  named,  wherein  any  burglaries,  arsons  or  thefts  were  committed 
against  the  properties  of  any  persons  not  compensated  by  this  act. 
[^Passed  December  6. 

"As  this  Act  appeared  to  us  to  be  of  an  extraordinary  nature  and  importance, 
■we  thought  it  our  duty  immediately  to  refer  it  to  the  consideration  of  Your  Majes- 
ty's Attorney  and  Solicitor  General  desiring  their  opinion  whether  the  Legislature 
of  that  Province  have  by  their  Constitution  a  power  to  enact  a  Law  of  general  Par- 
don, Indemnity  and  Oblivion  in  the  case  to  which  this  Act  refers,  without  the  pre- 
vious consent  of  the  Crown — And  Your  Majesty's  Attorney  and  Solicitor  General 
having,  on  the  10"'  Inst,  reported  to  us  their  opinion,  '  That  the  Governor,  Council 
'  and  Assembly  of  the  Massachusetts  Bay,  have  not,  by  the  constitution  of  that 
'  Province,  any  original  power  to  enact  a  Law  of  General  Pardon,  Indemnity  and 
'  Oblivion  in  the  case  referr'd  to,  without  the  previous  communication  of  the  grace 
'and  pleasure  of  the  Crown,'  We  do  upon  a  consideration  of  this  Report,  agree 
in  opinion  with  them,  and  humbly  beg  leave  to  lay  the  said  Act  before  Your  Maj- 
esty, submitting  it  to  Your  Majesty  to  take  such  measures  thereupon  as  Your 
Majesty  in  your  great  wisdom  and  with  the  advice  of  your  Council  shall  think  most 
proper."— Bepresentation  of  the  Lords  of  Trade,  Apr.  13, 1767:  "Mass.  Bay,  B.  T.,*'  vol. 
86,23.210. 


[3d  Sess.] 


Pbovincb  Laws.— 1766-67. 


905 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Twenty-eighth  day  of  January,  A.D.  1767. 


CHAPTER    11. 


AN  ACT  FOE,  INCORPORATING  THE  EASTERLY  PART  OF  THE  TOWN 
OF  RICHMONT,  IN  THE  COUNTY  OF  BERKSHIRE,  INTO  A  DISTRICT 
BY  THE  NAME  OF  LENOX. 

Whereas  it  has  been  represented  to  this  court  tliat  the  incorporat- 
ing the  easterly  part  of  the  town  of  Richmont,  in  the  county  of  Berk- 
shire, will  greatly  contribute  to  the  growth  thereof,  and  remed}^  many 
inconvenienc[i]es  to  which  the  inhabitants  and  proprietors  may  other- 
wise be  subjected, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Mepresentatives, 

[Sect.  1.]  That  the  inhabitants  of  the  easterly  part  of  the  town  of 
Kichraont,  in  the  county  of  Berkshire,  bounded  as  follows  ;  viz^'^.,  be- 
gining  at  the  south-west  corner  of  that  part  of  said  town  of  Richmont 
formerly  called  Yokun  Town,  thence,  north,  by  the  needle,  to  the  south- 
west corner  of  lot  number  twenty,  in  the  second  division  in  said  Yokun 
Town ;  thence,  east,  eight  degrees  south,  to  the  south-east  corner  of 
said  lot ;  thence,  north,  nine  degrees  east,  to  the  north-east  corner 
of  lot  number  twenty-one,  in  said  second  division  in  said  Yokun 
Town ;  thence,  north,  by  the  needle,  to  the  north-west  corner  of  lot 
number  forty -three,  in  said  second  division ;  thence,  east,  nine  degrees 
south,  to  the  south-east  corner  of  the  same  lot;  thence,  northerlj-,  to 
the  north-east  corner  of  lot  number  forty-seven  in  said  division,  which 
is  in  the  dividing-line  between  the  town  of  Pittsfield  and  said  town  of 
Richmont, — be  and  they  hereby  are  incorporated  into  a  separate  dis- 
trict by  the  name  of  Lenox  ;  and  that  the  inhabitants  thereof  be  vested 
with  all  the  powers,  privileges  and  immunities  which  the  inhabitants  of 
any  town  within  this  province  do,  or  by  law  ought  to,  enjoy,  excepting 
only  the  privilege  of  sending  a  representative  to  the  general  assembly  ; 
and  that  the  inhabitants  of  said  district  shall  have  liberty,  from  time  to 
time,  to  join  with  the  town  of  Richmont  in  the  choice  of  a  representa- 
tive or  representatives,  which  representatives  maybe  chosen  indifferentl}- 
from  said  town  or  district,  the  pay  or  allowance  of  such  representatives 
to  be  borne  by  the  said  town  and  district  according  to  their  respective 
proportions  of  the  province  tax ;  and  that  the  town  of  Richmont,  as 
often  as  they  shall  call  a  meeting  for  the  choice  of  representatives, 
shall,  fi-om  time  to  time,  give  seasonable  notice  to  the  clerk  of  said 
district  of  Lenox,  for  the  time  being,  of  the  time  and  place  for  holding 
said  meeting,  to  the  end  that  the  said  district  may  join  therein ;  and 
the  clerk  of  the  said  district  shall  set  up,  in  some  public  place  in  said 
district,  a  notification  thereof  accordingly ;  the  meeting  for  the  choice 


Preamble. 
1765-66,  chap. 
16. 


District  of 
Lenox  bounded 
and  described : 


— to  join  -with 
Richmont  In  the 
choice  of  repre- 
sentatives ; 


— to  be  notified 
for  that  pur- 
pose. 


906 


Province  LA^YS. — 1766-67. 


[Chap.  12.] 


Certain  lots,  not 
included  iii 
Lenox,  to  pay 
taxes  for  build- 
ing a  meeting- 
house, &c. 


Proprietors' 
rates  to  remain 
good. 


W'Jam  "Wil- 
liams, Esq.,  to 
direct  in  calling 
the  first  meeting 
of  the  inhab- 
itants. 


of  representatives  to  be  held  alternately  in  the  town  of  Ivicliinont  and 
the  said  district,  and  to  be  regulated  by  the  selcclinen  of  tlic  town  or 
district  where  the  meeting  shall  be  held. 

And  be  it  farther  enacted^ 

[Sect,  2.]  That  the  lots  lying  east  of  the  original  dividing-line, 
between  the  proprietors  of  Yokun  and  Mount  Ei)liraiin,  so  called,  not- 
withstanding they  are  not  included  in  said  district  of  Lenox,  shall  pay 
taxes  towards  bnilding  a  meeting-house  in  said  district — till  it  is  so  far 
finished  as  the  meeting-house  in  said  Richniont  now  is — and  settling  a 
minister  in  said  district ;  and  tho}'  shall  be  exempted  from  paying  taxes 
towards  settling  a  minister  in  the  said  town  of  Richmont ;  and  the  said 
town  of  Richmont  shall  not  have  an}-  benefit  of  any  of  the  public  Jauds 
lying  east  of  said  original  proprietary  line. 

[^jid]  he  it  fitrther  enacted, 

[Sect.  3.]  That  all  assessments  of  rates  and  taxes  agreed  upon  by 
said  original  proprietors  shall  be  in  full  force,  and  ma}'  be  levied,  col- 
lected and  applied,  in  like  manner  as  if  this  act  had  not  been  made. 

Ayid  be  it  further  enacted, 

[Sect.  4.]  That  William  Williams,  Esq"^'^.,  be  and  liereby  is  im- 
powered  to  issue  a  warrant  to  some  principal  inhabitant  of  said  district 
of  Lenox,  requiring  him  to  call  a  meeting  of  said  inhabitants,  in  order 
to  chuse  such  officers  as,  by  law,  towns  are  impowered  to  chuse  in  the 
month  of  March,  aunuall}-.     [^Passed  February  26,  17G7. 


CHAPTER    12. 

AN  ACT  FOR  SETTING  OFF  EDWARD  STEARNS  OF  BILLERICA,  WITH 
HIS  LANDS  THERE,  FROM  THE  SAID  TOWN,  AND  ANNEXING  THE 
SAME  TO  THE   TOWN  OF  BEDFORD. 


Preamble. 
1729-30,  chap.  1. 


Edward 
Stearns's  estate 
annexed  to 
Bedford. 


Line  between 
Billcrica  and 
Bedford  de- 
scribed. 


Whereas  it  hath  been  represented  to  this  court  that  the  lands  of 
Edward  Stearns  of  Billerica,  in  the  county  of  Middlesex,  together  with 
[the]  [liis]  place  of  his  habitation,  lie  much  nearer  the  place  of  public 
■worship  in  the  town  of  Bedford,  in  said  count}',  than  to  the  place  of 
public  worship  in  the  said  town  of  Billerica,  and  in  all  respects  will  be 
more  accom[m]odated  to  be  set  off  from  the  said  town  of  Billerica,  and 
annexed  to  the  said  town  of  Bedford,  and,  in  consideration  thereof,  the 
said  town  of  Billerica  have  consented  thereto  ;  and  tvhereas  the  said 
Edward  Stearns,  together  wdth  the  agents  of  the  said  town  of  Bedford, 
have  humbly  petitioned  this  court  therefor, — 

Be  it  therefore  enacted  by  the  Governor  [and]  Council  and  House  of 
Hejnesentatives,  in  genercd  court  assembled. 

That  the  said  Edward  Stearns,  with  his  lands,  be  and  hereby  are  set 
off  from  the  town  of  Billerica,  and  annexed  to  the  town  of  Bedford, 
there  to  do  duties  and  receive  privile[d]ges  as  other  of  their  inhabit- 
ants ;  and  that  the  line  between  the  aforesaid  towns,  for  the  future,  be 
and  are  established  as  follows  ;  that  is  to  say,  begin  [n]ing  at  a  maple 
stump  in  the  old  line  between  said  towns,  at  a  place  known  by  the 
name  of  Page's  Corner ;  thence,  in  a  streight  line,  to  the  south-easterly 
corner  of  Isaac  Stearns's  lands,  to  a  ditch,  a  stake,  and  stones  ;  thence, 
running,  on  said  ditch,  to  the  north-east  corner  of  the  said  Edward 
Stearns's  land  ;  thence,  on  the  old  ditch  in  the  line  between  the  said 
Isaac  and  Edward  Stearns,  to  a  stake  and  stones  at  the  end  of  said 
ditch,  at  a  small  turn  in  the  old  wall ;  thence,  running  to  a  large  rock, 
with  small  stones  about  it,  being  on  the  south  side  of  the  brook,  about 
^wo  pole  south-west  from  the  sawmill;  from  thence,  on  said  brook,  to 
Concord  River.     \_Passed  February  26,  1767. 


[3d  Sess.] 


Peovince  Laws. — 1766-67 


907 


CHAPTER   13. 


AN  ACT  IN  ADDITION  TO  TWO  SEVERAL  ACTS  TO  PREVENT  THE 
DESTRUCTION  OF  SALMON  AND  OTHER  FISH  IN  MERRIMACK 
RIVER,  WITHIN  THIS  PROVINCE. 

Whereas  in  and  by  an  act  made  and  passed  in  tlie  fifth  yeai'  of  his 
present  majesty's  reign,  intituled  "  An  Act  to  prevent  the  destruction 
of  salmon  and  other  fish  in  Merrimack  River,  within  this  province,"  no 
person  or  persons  were  allowed  to  catch  any  of  the  said  fish  within  one 
hundred  rods  of  the  mouth,  or  entrance,  of  the  several  brooks  wliich 
empty  into  the  said  river ;  and  by  another  act,  made  in  the  sixth  year 
of  his  present  majesty's  reign,  for  amending  the  aforementioned  act,  it 
was  enacted  "  That  the  prohibition  to  take  fish  within  one  hundred  rods 
in  said  act  mentioned,  shall  hereafter  extend  only  to  the  fishing  within 
twenty  rods;  "  and  such  liberty,  being  found  by  experience  greatly  to 
obstruct,  and,  is  feared,  will  soon  destroy,  the  course  of  such  fish  as 
usually  pass  up  a  brook,  in  the  town  of  Andover,  known  by  the  name 
of  Cochechawick  Brook  ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  no  person  or  persons  whatsoever  be  allowed,  from 
and  after  the  fifteenth  da}-  of  March  next,  and  so  during  the  continu- 
ance of  this  act,  to  catch  salmon,  or  other  fish  of  any  kind,  with  sien[e]s, 
nets  or  pots,  or  in  an}-  other  way,  within  one  hundred  rods  of  the 
mouth  of  said  brook,  in  said  town,  on  pain  of  forfeiting  for  each  ofll'encc 
the  sum  of  three  pounds,  one  moiet}^  thereof  to  the  prosecutor,  the 
other  to  the  poor  of  said  town  ;  said  fine  and  forfeiture  incurred  by 
the  breach  of  this  act  to  be  recovered  as  in  and  by  said  first-mentioned 
act  is  provided. 

[Sect.  2.]  This  act  to  continue  and  be  in  force  for  the  space  of  one 
year  from  the  publication  hereof,  and  no  longer.  [Passed  Febrziary 
26  ;  published  March  20,  1767. 


Preamble. 

1764-65,  chap. 
24,  §  3. 


1765-66,  chap. 
30,  §  1. 


Fishing  near 
Cochechawick 
Brook  restrict- 
ed. 


Limitation. 


CHAPTER    14. 


AN  ACT  FOR  DISCONTINUING  TWO  OF  THE  COURTS,  AND  FOR  AL- 
TERING THE  TIME  OF  HOLDING  ONE  OF  THE  COURTS,  OF  GEN- 
ERAL SESSIONS  OF  THE  PEACE  AND  INFERIOR  COURTS  OF  COMMON 
PLEAS  WITHIN  AND  FOR  THE  COUNTY  OF  BERKSHIRE. 

"Whereas  in  and  by  the  law  made  for  the  erecting  and  establishing  Preamble, 
the  county  of  Berkshire,  it  was,  among  other  things,  enacted  that  there  i^eo-ei,  chap, 
should  be  four  courts  of  general  sessions  of  the  peace  and  inferior 
courts  of  common  pleas,  held  yearly,  and  in  every  year,  at  the  times 
and  places  hereinafter  expressed  ;  viz™.,  at  the  north  parish  in  Sheffield, 
now  called  Great  Barrington,  on  the  last  Tuesday  of  April  and  fii-st 
Tuesday  of  September,  and  at  Po[o]ntoosuck,  now  called  Pittsfield,  on 
the  first  Tuesday  of  December  and  first  Tuesday  of  March  ;  and  lohereas 
by  experience  it  is  found  that  much  travel,  time  and  expence  is  unne- 
cessaril}^  incurred  thereby, — 

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

[Sect.  1.]     That  from  and  after  the  tenth  day  of  March  next  ensu-  Twoconrts 


908 


Peovince  Laws. — 1766-67. 


[Chap.  15.] 


only  in  a  j'ear 
to  be  held  in  the 
county  of  Berk- 
shire. 


The  clerk  di- 
rected how  to 
make  out  execu- 
tions. 


iiig,  there  shall  be  held  and  kept  within  the  said  count}-  of  Berkshire, 
3'early,  and  in  every  year,  until  the  further  order  of  this  court,  two 
courts  of  general  sessions  of  the  peace  and  inferior  courts  of  common 
pleas,  and  no  more  ;  viz^.,  at  Great  Barrington,  on  the  first  Tuesday  of 
September,  and  at  Pittsfield,  on  the  last  Tuesday  of  Februarj-,  anything 
in  the  aforerecited  act  to  the  contrary  notwithstanding. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  clerk  of  the  inferior  court  of  common  pleas,  in 
and  for  the  said  count}"  of  Berkshire,  is  hereby  authorized  and  required 
to  make  all  executions,  which  shall  issue  after  the  said  tenth  of  March, 
on  judgment[s]  obtained  in  the  said  court,  returnable  into  the  clerk's 
office  at  the  end  of  three  months  from  the  respective  dates  thereof,  in 
case,  at  the  time  of  issuing  them,  it  shall  be  more  than  three  months  to 
the  time  hereinbefore  set  and  established  for  holding  the  said  court 
which  shall  be  next  following  the  day  of  the  date  of  such  execution  ;  and 
in  case  it  shall  not  be  more  than  three  months  from  the  day  of  the  date 
of  such  execution,  to  the  time  hereinbefore  set  for  holding  the  said  court 
which  shall  be  next  following  the  da.y  of  the  date  of  such  execution,  the 
same  shall  be  made  returnable  on  the  da}'  on  which,  according  to  this 
act,  the  said  court  shall  be  next  holden.  '[Passed  February  27 ;  pub- 
lished Jfarch  20,  1767. 


CHAPTER   15. 

AN  ACT  FOE.  EEECTING  THE  AVESTEELY  PAET  OF  THE  TOWN  OF 
TOWNSEND,  IN  THE  COUNTY  OF  MIDDLESEX,  THE  NOETHEELY 
PAET  OF  THE  TOWN  OF  FITCHBUEGH,  AND  THE  NOETH-EASTEELY 
PAET  OF  THE  TOAVN  OF  ASHBUENHAM,  IN  THE  COUNTY  OF  WOECES- 
TEE,  INTO  A  TOWN  BY  THE  NAME  OF  ASHBY,  TO  BE  ANNEXED 
TO  THE   COUNTY  OF  MIDDLESEX. 


Preamble. 


Town  of  Ashby 
bounded  and 
described : 


Whereas  it  has  been  represented  to  this  court  that  the  inhabitants 
of  the  westerly  part  of  the  town  of  Townsend,  in  the  county  of  Middle- 
sex, the  northerly  part  of  the  town  of  Fitchburgh,  and  the  north-easterly 
part  of  the  town  of  Ashburnham,  in  the  county  of  AYorcester,  labour 
under  great  difficulties,  by  reason  of  their  not  being  erected  into  a 
town,  and  are  desirous  of  being  so  erected, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
Hejjresentatives, 

[Sect.  1.]  That  the  westerly  part  of  Townsend,  in  the  county  of 
Middlesex,  the  northerly  part  of  Fitchburgh,  and  the  north-easterly  part 
of  Ashburnham,  in  the  county  of  Worcester,  described  as  follows  ; 
viz^'^.,  begin[n]ing  at  the  south-westerly  corner  of  Townsend,  and  run- 
[n]ing,  northerly,  to  the  south-westerly  corner  of  James  Colman's  sec- 
ond division,  lot  number  eighteen ;  then,  run[?r]ing,  on  the  westerly 
line  of  said  lot,  to  the  north-west  corner  of  said  Colman's  lot ;  then, 
extending,  the  same  point,  to  the  province  line  ;  then,  turning,  and  run- 
[n]ing,  easterly,  on  the  province  line,  to  Townsend  north-west  corner ; 
then,  run[w]ing,  easterly,  on  the  province  line,  three  miles  ;  then,  turn- 
ing, and  run[n]ing,  southerly,  four  miles  one  hundred  and  ten  rods,  to 
Lunenb[o]urgh  north-west  corner ;  then,  run[n]ing,  southerly,  half  a 
mile,  on  the  line  between  Lunenburgh  and  Fitchburgh  ;  then,  run[?i]ing, 
westerly,  to  Ashburnham  east  line;  then,  run[?i]ing,  northerly,  to 
Townsend  south-west  corner,  where  it  first  began, — be  and  hereby  are 
erected  into  a  town  by  the  name  of  Ashby ;  and  that  the  inhabitants 
thereof  be  and  hereby  are  invested  with  all  the  powers,  privileges  and 


[3d  Sess.] 


Province  Laws. — 1766-67. 


909 


immunities  which  the  inhabitants  of  the  towns  within  this  province,  by 
law,  do  or  may  enjoy,  that  of  sending  a  representative  to  the  general 
assembl^^  only  excepted  ;  and  that  the  inhabitants  of  the  said  town 
of  Ashby  shall  have  hberty,  from  time  to  time,  to  join  with  the  town  of 
Townsend  iu  the  choice  of  a  representative  or  representatives  ;  which 
representative  or  representatives  ma}'  be  chosen  indifferently  from  the 
said  town  of  Townsend  or  town  of  Ashby,  the  pay  or  allowance  of  such 
representative  or  representatives  to  be  borne  by  the  said  town  of  Towns- 
end  and  town  of  Ashby,  according  to  their  respective  proportion  of 
the  province  tax ;  and  that  the  town  of  Townsend,  as  often  as  they 
shall  call  a  meeting  for  the  choice  of  a  representative  or  representatives, 
shall,  from  time  to  time,  give  seasonable  notice  to  the  clerk  of  the  said 
town  of  Ashby,  for  the  time  being,  of  the  time  and  place  for  holding 
said  meeting,  to  the  end  the  said  town  of  Ashby  may  join  therein  ;  and 
the  clerk  of  the  said  town  of  Ashby  shall  set  up,  in  some  public  place  in 
said  town  of  Ashby,  a  notification  thereof  accordingly'. 

Provided^  nevertheless^ — 

And  he  it  farther  enacted, 

[Sect.  2.]  That  the  said  town  of  Ashb}^  shall  pay  their  proportion 
of  all  such  province,  count}'  and  town  taxes  already  granted  to  be  raised 
on  the  several  towns  to  which  the}'  severally  belong. 

And  he  it  farther  enacted, 

[Sect.  3.]  That  James  Prescot,  Esqf''^.,  be  and  hereby  is  directed 
and  impowered  to  issue  his  warrant,  directed  to  some  principal  inhabit- 
ant within  said  town,  requiring  him  to  warn  the  inhabitants  of  said 
town,  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  are  or 
shall  be  required  by  law  to  manage  the  affairs  of  said  town. 

Be  it  farther  enacted, 

[Sect.  4.]  That  the  town  clerks  of  the  said  towns  of  Townsend, 
Fitchburgh  and  Ashburnham,  before  the  first  town-meeting  of  the  said 
town  of  Ashby,  shall  deliver  to  James  Prescot,  Esqi^''^.,  of  Groton,  cop- 
ies of  the  last  lists  of  valuation  of  the  real  and  personal  estates  of  the 
inhabitants  of  said  town  of  Ashby,  in  order  to  determine  the  qualifica- 
tion of  voters  at  said  meeting  ;  and  that  the  inhabitants  who  shall  appear, 
by  laid  lists,  to  be  voters,  according  to  law,  shall  be  allowed  to  vote. 

And  be  it  farther  enacted, 

[Sect,  o.j  That  said  town  be  annexed  to  and  hereby  is  part  of  the 
county  of  Middlesex.     \_Passed  March  6,  1767. 


— to  join  vi\Va 
Townsend  in 
the  choice  of 
representatives : 


— and  to  be  noti- 
fied for  that 
purpose ; 


— to  pay  their 
proportion  of 
taxes  already 
granted. 


The  first  town- 
meeting,  how  to 
be  called. 


List  of  valua- 
tion to  be  deliv- 
ered in,  for  the 
regulation  of 
voters. 


Annexed  to  the 
county  of  Mid- 
dlesex. 


CHAPTEE    16. 

AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  ON  THE  MEADOWS  AND 
BEACHES  LYING  IN,  AND  ADJOINING  O^,  THE  SOUT-H  SIDE  OF 
THE  TOWNS  OF  TISBURY  AND  CHILMARK,  IN  THE  COUNTY  OF 
DUKES  COUNTY,  BETWEEN  THE  LAND  OF  MATTHEW  MAYHEW, 
ESQ[R].,  ON  THE  WEST,  AND  THE  CREEK  OF  WATER  THAT  DI- 
VIDES THE  LAND  OF  THOMAS  WALRON  FROM  THE  BEACH,  ON 
THE   EAST. 


Whereas  many  persons  frequently  dri\e  numbers  of  neat  cattle.  Preamble, 
horses,  sheep  and  swine,  to  feed  upon  the  beaches,  meadows  and  shores 
adjoining  to  the  south  side  of  Martha's  Vineyard,  lying  in  the  towns  of 
Tisbury  and  Chilmark,  between  the  land  of  Matthew  Ma}hew,  Esqi^''^., 
on  the  west,  and  the  creek  of  water  that  divides  the  land  of  Thomas 
Walron[d]  from  the  aforesaid  beach,  on  the  east,  whereby  the  ground 


910 


Peovince  Laws.— 1766-67.  [Chap.  16.] 


Creatures  not  to 
be  turned  on  to 
Tisbury  and 
(Jhilmarliljcacb, 
fi'otu  30th  March 
to  1st  October, 
annually. 

Penalty : 


— how  to  be  re- 
covered and 
disposed  of. 


Creatures  found 
on  the  said 
beach  to  be  im- 
pounded : 


—to  be  sold,  in 
case. 


Justices  to  hear 
complaints. 


is  mucli  broken  and  damnified,  and  the  sand  blown  on  said  adjoining 
meadow  and  upland,  to  the  great  damage,  not  only  of  sundry  private 
persons,  in  their  propert}',  but  also  the  inhabitants  of  the  said  town,  in 
general, — 

Be  it  therefore  enacted  hy  the  Governor,  Council  and  House  of 
Representatives, 

[Sect.  1 .]  That,  from  and  after  the  thirtieth  of  March,  one  thousand 
seven  liundred  and  sixty-seven,  no  person  or  persons  shall  presume  to 
turn  any  neat  cattle,  horses,  sheep  or  swine,  on  the  beach  belonging 
to  and  lying  in  the  towns  of  Tisbury  and  Chilmark,  at  any  time  be- 
tween the  thirtieth  day  of  March,  and  the  first  da}-  of  October,  annuall}', 
during  the  continuance  of  this  act,  on  penalty  of  paying  for  each  offence 
three  shillings  a  head  for  neat  cattle,  horses  or  mares,  of  one  j-ear  old 
or  upwards,  and  the  sum  of  threepence  a  head  for  each  sheep  or  swine, 
that  shall  be  turned  out  or  found  on  said  beach,  meadows  or  shores, 
within  the  limits  aforesaid  ;  which  pcnalt}-  shall  be  recovered  by  the 
treasurer  of  either  of  the  towns  of  Tisbuiy  or  Chilmark,  or  any  other 
person  that  shall  inform  or  sue  for  the  same  :  the  one  half  of  said  for- 
feiture to  be  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  the  said  town. 

And  he  it  further  enacted, 

[Sect.  2.]  That  if  any  cattle,  horse-kind,  sheep  or  swine  shall,  at 
any  time  hereafter,  be  found  feeding  on  the  said  beach,  meadows  or 
shores,  that  l3e  between  the  boundaries  or  limits  before  described,  it 
shall  and  may  be  lawful  for  any  person  to  impound  the  same,  immedi- 
ately giving  notice  thereof  to  the  owner,  if  known,  otherwise  to  give 
public[A;]  notice  thereof  by  posting  the  same  up  in  some  public  place  in 
both  the  said  towns  of  Tisbury  and  Chilmark  ;  and  the  impounder  shall 
relieve  the  said  creatures  with  suitable  meat  and  water  while  im- 
pounded ;  and  if  the  owner  thereof  appear,  to  redeem  his  impounded 
creatures,  he  shall  pay  one  shilling,  to  the  impounder,  for  each  neat 
beast  and  horse-kind,  and  one  penii}'  for  each  sheep  and  swine,  and 
what  is  reasonable  for  i-elieving,  besides  the  poundkeeper's  fees  as  by 
law  appointed  for  such  creatures.  And  if  no  owner  appears  within  the 
space  of  six  days,  to  redeem  the  said  cattle,  horse-kind,  sheep  or  swine 
so  impounded,  and  to  pay  the  cost  and  damage  occasioned  by  impound- 
ing the  same,  tlien  and  in  every  such  case  the  person  impounding 
such  cattle  or  horse-kind,  sheep  or  swine,  shall  cause  the  same  to  be 
sold  at  public  vendue,  and  pay  the  cost  and  charges  arising  about  the 
same :  public  notice  of  the  time  and  place  of  such  sale,  to  be  given  in 
the  said  towns  of  Tisbuiy  and  Chilmark,  fort^'-eight  hours  beforehand, 
and  the  overplus,  if  any  there  be,  arising  b}-  such  sale,  to  be  returned 
to  the  owner  of  such  cattle,  horse-kind,  sheep  or  swine,  any  time  within 
twelve  months  next  after,  upon  his  demanding  the  same  ;  but  if  no 
owner,  within  the  said  twelve  months,  appear,  then  the  said  overplus 
shall  be  one  half  to  the  party  impounding  such  cattle,  horse,  sheep  or 
swine,  and  the  other  half  for  the  use  of  the  poor  of  the  said  towns  of 
Tisbury  and  Chilmark. 

And  be  it  farther  enacted, 

[vSect.  3.]  That  the  major  part  of  the  proprietors  of  the  meadows 
in  said  towns  of  Tisbuiy  and  Chilmark,  shall,  some  time  in  the  month 
of  March,  annually,  appoint  one  suitable  person,  in  each  town,  to 
prosecute  all  breaches  of  this  act ;  which  shall  be  heard  and  determined 
befoiie  an}'  one  of  liis  majesty's  justices  of  the  peace  in  the  said  county, 
who  are  herein'  authori[s][2;]ed  to  hear  and  determine  the  same,  and 
to  make  uj)  judgment  and  award  execution  thereon  :  saving  ahvays,  that 
an\" person  who  may  be  prosecuted  by  this  act  may  have  libert}'  to 
appeal  to  the  court  of  general  sessions  of  the  peace  in  Ihe  same  count}', 
there  to  have  a  final  issue. 


[3d  Sess.]  Pr.ovLNCE  Laws.— 17G6-67.  911 

Provided., — 

[Sect.  4.]  That  iiotliing  in  this  act  shall  be  construed  to  prevent  Proviso, 
the  owner  or  owners  of  said  beach  or  meadow,  from  turning  on  their 
horses  the}'  ride,  or  cattle  they  improve  in  their  teams,  to  feed  on  said 
beach  or  meadow  while  they  are  cutting  or  carting  their  hay  off  said 
beach  or  meadow,  or  while  they  may  be  opening  said  beach  to  let  the 
water  off  their  meadow  into  the  sea. 

[Sect.  5.]     This  act  to  be  in  force  for  the  space  of  three  jears  from  Limitation, 
the  thirtieth  of  March,  one  thousand  seven  hundred  and  sixt3--seven, 
and  no  longer.     \_Passed  March  9  ;  published  3Iarch  20,  1767. 


CHAPTER    17. 

AN  ACT  IN  ADDITION  TO  THE  SEVERAL  LAWS  ALREADY  MADE  RE- 
LATING TO  THE  REMOVAL  OF  POOR  PERSONS  OUT  OF  THE  TOWNS 
WHEREOF  THEY  ARE  NOT  INHABITANTS. 

Wherb-as,  in  and  by  an  act  passed  in  the  fourth  j-ear  of  the  reign  of  Preamble, 
their  late  majesties.  King  William  and  Queen  Mar}',  intitled  "An  Act  ^'Jj'^-^^' ^ii- 2  ,^ 
for  regulating  of  townships,  choice  of  town  officers  and  setting  forth  i'oo-01,  ch.  23. 

^  17  2-23  ch.  5. 

their  power,"  it  is,  among  other  things,  enacted,  "That  an}'  persons  u Mass. 382. 
orderly  warned  to  depart  any  town  whereof  he  is  not  an  inhabitant,   6Pkk?i^°^* 
and  neglecting  so  to  do  by  the  space  of  fourteen  days  next  after  such  10  Picu.  23, 513. 
warning  given,  may,  by  warrant  of  the  next  justice  of  the  peace,  be  i25Muss!3ot 
sent  and  conveyed,  from  constable  to  constable,  unto  the  town  where 
he  properly  belongs,  or  had  his  last  residence,  at  his  own  charge,  if 
able  to  pay  the  same,  or,  otherwise,  at  the  charge  of  the  town  so  send- 
ing him  ;  "  and  lohereas  it  frequently  happens  that  the  persons  so  sent 
and  conveyed,  by  warrant  as  aforesaid,  do  not  properly  belong  to,  nor 
had  their  last  lawful  residence  in,  any  town  in  this  province,  but  are 
inhabitants  of  some  other  province  or  colony,  and  are  poor,  and  unable 
to  pay  the  charge  of  such  their  removal,  whereby  an  unequal  charge 
and  burthen  arises  to  the  towns  to  which  such  poor  persons  happen  to 
come  ;  for  remedy  whereof,  and  to  the  end  that  such  charges  may  be 
borne  in  a  more  equitable  and  just  jjroportion, — 

Be  it  enacted  by  the  Governor,   Council  and  House  of  Representa- 
tives, 

[Sect.  1.]     That  when  and  so  often  as  any  such  person  or  persons  How  poor  per- 
are  to  be  sent  or  conveyed  out  of  this  province,  it  shall  and  may  be  conveyed  ouf 
lawful  for  any  justice  of  the  peace  of  the  county  from  whence  the  per-  of  the  i^roviuce. 
son  or  persons  are  to  be  sent  or  conveyed,  and  he  is  hereby  [e]['"]ua- 
powered,  to  grant  a  warrant  for  sending  such  person  or  persons  out  of 
the  province,  either  by  land  or  water,  as  he  shall  think  will  be  most 
convenient,  or  least  liable  to  charge. 

And  be  it  further  enacted, 

[Sect.  2.]  That  when  and  so  often  as  it  shall  happen  that  any  per-  in  what  manner 
son  so  to  be  sent  and  conveyed,  either  by  land  or  water  as  shall  be  be'dcfrafed.* 
thought  most  convenient,  by  warrant  as  aforesaid,  doth  not  properly 
belong  to,  nor  had  gained  a  settlement  in,  any  town  in  this  province, 
but  is  an  inhabitant  of,  or  had  settlement  in,  some  one  of  his  majesty's 
provinces  or  colonies  on  this  continent,  then  and  in  every  such  case 
the  charge  of  conveying  such  person  or  persons  shall  be  borne  by  said 
person  or  persons,  if  able  to  pay  the  same  ;  otherwise,  to  be  borne  and 
paid  by  this  province,  in  order  to  their  being  sent  or  conveyed  to  the 
province  or  colony  where  they  ^ast  had  a  settlement. 


912 


Peovince  Laws.— 1766-67. 


[Chap.  17.] 


Selectmen  to 
adjust  the 
charge. 


Poor  persons, 
inhabitants  of 
the  province,  to 
be  conveyed  to 
places  of  settle- 
ment. 


IVrsons  remov- 
infj  to  any  town, 
to  be  appro- 
bated before 
they  (srain  an 
inhabitancy. 
4  Mass.  129. 

7  Mass.  3. 

10  lick.  22,  513. 

8  Cush.  76,  78. 
13  6i-ay,  342, 
343. 


Certificate  to  be 
on  the  warrant. 


[Sect.  3.]  And  the  constable  or  constables  of  each  town,  respec- 
tively, to  whom  such  warrant  shall  be  directed,  to  convey  such  person 
or  persons  by  land,  and  to  whose  care  such  person  or  person[s]  shall 
be  committed,  shall,  by  virtue  of  said  warrant,  receive  and  convey  him, 
her  or  them  through  the  county  to  which  he  belongs,  and  to  one  of  the 
constables  of  the  next  town  in  the  next  county,  who  shall,  by  virtue  of 
said  warrant,  receive  the  said  person  or  persons,  and  conveys  him,  her 
or  them  through  the  county  in  which  such  constable  dwells  ;  and  the 
said  person  or  persons  shall,  by  virtue  of  the  warrant  aforesaid,  be 
conveyed  by  the  constable  from  county  to  county,  in  the  same  manner, 
unto  the  province  or  colony  to  which  he,  she  or  they  shall  be  first 
ordered. 

[Sect.  4.]  And  every  constable  so  receiving  and  conveying  such 
person  or  persons,  shall  receive,  out  of  the  treasury  of  such  town  where 
he  belongs,  so  much  mone}-  as  the  selectmen  of  such  town  shall  think 
the  chai-ge  of  conveying  such  person  or  persons,  as  aforesaid,  through 
the  county,  shall  amount  to,  the  said  constable  to  keep  a  fair  account  of 
his  trouble  and  expence,  and  exhibit  the  same  to  the  said  selectmen, 
who  are  to  consider  and  adjust  the  same  ;  and  the  said  selectmen  are 
also  hereby  empowered  and  directed  to  adjust  and  pay  the  charge  of 
conveying  any  [jerson  or  persons,  b}'  water,  as  aforesaid,  they  to  receive 
the  same  again  out  of  the  province  treasur}'. 

And  be  U  further  enacted, 

[Sect.  5.]  That  when  and  so  often  as  any  person  or  persons  to 
be  removed  shall  be  an  inhabitant  or  inhabitants  of  any  town  or  dis- 
trict within  this  province,  they  shall  be  conveyed  to  such  town  or 
di-strict  where  he,  she  or  the}'  are  inhabitants,  or  have  a  settlement,  in 
the  same  manner  as  is  hereinbefore  provided  in  cases  where  the  per- 
sons so  removed  are  not  inhabitants  of  any  town  within  this  province, 
the  charge  of  such  conveyance  to  be  paid  as  by  a  law  of  this  province 
is  alread}'  provided. 

And  be  it  further  enacted, 

[Sect.  6.]  That  from  and  after  the  tenth  day  of  April  next,  no 
person  whatsoever,  coming  to  reside  or  dwell  within  any  town  in  this 
province,  shall  gain  an  inhabitancy  in  such  town  by  an}-  length  of  time 
he  or  she  may  continue  there  without  warning,  unless  such  person  shall 
first  have  made  known  his  or  her  desire  to  the  selectmen  thereof,  and 
obtained  the  approbation  of  the  town,  at  a  general  meeting  of  the  in- 
habitants, for  his  dwelling  there  ;  nor  shall  any  town  be  obliged  to  be 
at  charge  for  the  rehef  and  support  of  any  person  residing  in  such 
town  (in  case  he  or  she  stand  in  need),  that  have  not  been  approved  as 
aforesaid. 

[Sect.  7.]  And  all  such  persons  as  have  not  been  approved  as 
aforesaid,  together  with  their  children,  whether  born  before  or  after 
their  coming  to  such  town,  in  wedlock,  or  otherwise,  shall  be  liable  to 
be  sent  or  .conveyed  to  the  town  whei-e  they  properl}-  belong,  by  a  war- 
rant from  a  justice  of  the  peace,  who  is  hereby  empowered,  upon  appli- 
cation from  the  selectmen  of  the  town  from  which  such  person  or 
persons  are  to  be  sent,  to  issue  his  warrant,  accordingl}' ;  excepting  for 
such  as  are  appi'entices  to  some  inhabitant  or  inhabitants  of  such  town, 
who  shall  not  l>e  liable  to  be  sent  or  conveyed  out  of  any  town  where 
they  are  apprentices,  till  the  time  of  their  apprenticeship  is  expired, 
any  law,  usage  or  custom  to  the  contrary  notwithstanding. 

And  be  it  further  enacted, 

[Sect.  8.]  That  eveiy  constable  shall,  before  he  delivers  said  war- 
rant to  the  constable  of  the  next  county,  certify  his  doings  thereon. 

[Sect.  9.]  This  act  to  continue  and  be  in  force  for  the  space  of 
three  years,  and  no  longer.  [P(?.s.sed  March  19  ;  published  March  20, 
17G7. 


[3d  Sess.] 


Province  Laws.— 1766-67. 


913 


CHAPTER    18. 


AN  ACT    FOR  GRANTING    UNTO    HIS    MAJESTY  SEVERAL  RATES  AND 
DUTIES   OF  IMPOST  AND   TUNNAGE   OF  SHIPPING, 


From  March  24, 
1707,  to  March 
25,  1768,  impost 
to  be  paid. 


Rates  of  impost: 


"VVe,  his  majesty's  most  dutiful  and  loj'al  subjects,  the  representatives  Preamble 
of  the  province  of  the  Massachusetts  Bay,  in  New  England,  being  de- 
sirous of  lessening  the  public  [A;]  debts,  have  chearfuU}'  and  unanimously 
given  and  granted,  and  do  give  and  grant,  to  his  most  excellent  majest}', 
for  the  service  of  this  province,  as  they  shall  hereafter  appl}'  it,  the 
several  duties  of  impost  upon  all  liquors,  wares,  goods  and  merchandize 
that  shall  be  imported  into  this  province,  and  tunnage  of  shipping  here- 
after mentioned,  and  pray  that  it  may  be  enacted, — 

And  be  it  accordingly  enacted  by  the  Governor,  Council  and  H'ouse 
of  Representatives, 

[Sect.  1.]  That  from  and  after  the  twent3--fourth  da}^  of  March,  one 
thousand  seven  hundred  and  sixtj'-seven,  to  the  twent3'-fifth  day  of 
March,  one  thousand  seven  hundred  and  sixt3'-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  b}^  any  of  the 
inhabitants  tliereof  (except  what  is  b}'  this  act  hereafter  exempted), 
the  several  duties  of  impost  following  ;  viz^'^., — 

For  every  pipe  of  wine  of  ever^-  sort,  five  shillings. 

For  eveiy  hogshead  of  ruin  containing  one  hundred  gallons,  eight 
shilUngs. 

For  every  hogshead  of  tobacco,  ten  shillings. 

For  every  pound  of  tea  that  shall  be  imported  from  an}^  of  his 
majesty's  plantations  in  America,  fourpence. 
— And  so,  proportionably,  for  a  greater  or  less  quantity. 

And  for  all  other  commodities,  goods  or  merchandize  not  mentioned 
or  not  excepted,  fourpence  for  every  twent}"  shillings'  value,  excepting 
such  goods  as  are  imported  from  Great  Britain. 

[Sect.  2. J  And  for  any  of  the  liquors,  goods,  wares  and  merchan- 
dize 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  an^^  ship  or  vessel  to  them  belonging,  on  the 
proper  acount  of  any  of  the  said  inhabitants  of  said  provinces,  colonies 
or  islands,  there  shall  be  paid  b}'  the  importers  the  several  duties  of 
impost  following ;  viz^., 

For  eveiy  pipe  of  wine  of  every  sort,  ten  shillings. 

For  every  hogshead  of  rum  containing  one  hundred  gallons,  thirty- 
two  shillings. 

For  eveiy  hogshead  of  sugar,  eightpence. 

For  eveiy  hogshead  of  molasses,  eightpence. 

For  every  hogshead  of  tobacco,  twenty  shillings. 

And  for  all  other  commodities,  goods  and  merchandize  not  mentioned 
or  not  excepted,  eightpence  for  every  twent}'  shillings'  value  :  provided 
always,  that  every  thing  which  is  the  growth  or  produce  of  the  provinces 
or  colonies  aforesaid  (tobacco  excepted) ,  and  all  provisions,  salt,  cotton- 
wool, bar  and  pig  iron,  mahogoii}',  brazilletto,  black-walnut,  lignum- 
vitffi,  red-cedar,  logwood,  hemp,  raw  skins  and  hides,  and  also  all  prize 
goods  brought  into  and  condemned  in  this  province,  are  and  shall  be 
exempted  from  eveiy  the  rates  and  duties  aforesaid. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  the  master  of  every  ship  or  vcssel[l]  coming  into 
this  province  from  any  other  place,  shall,  within  forty-eight  hours  after 
his  arrival  in  any  port  or  harbour,  and  before  bulli  is  broken,  make 


— for  liquors, 
goods,  &c., 
belonging  to  in- 
habitants of 
other  provinces. 


Proviso. 


Masters  of  ve» 
sels  to  make 
report  within 
forty-eight 


9U 


Province  Laws.— 1766-67.  [Chap.  18.] 


hours  after  ar- 
rival, and  de- 
liver a  manifest 
to  the  com- 
missioner : 


— to  forfeit,  in 
case  of  breaking 
bulk. 


Invoice  to  be 
produced. 


Oath. 


Duties  to  be 
paid  before 
laoding. 


Commissioner 
allowed  to  give 
credit. 


report  and  deliver  a  manifest,  in  writing,  under  his  hand,  to  the  com- 
missioner of  impost  that  is  or  shall  be  appointed  by  this  province,  of 
the  contents  or  loading  of  such  ship  or  vessel,  therein  particularly 
expressing  the  species,  kind  and  quantities  of  all  wines,  liquors,  goods, 
wares  and  merchandize  imported  in  an}'  such  ship  or  vessel,  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  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  shall  forthwith 
make  report  thereof  to  the  commissioner  aforesaid,  and  cause  the  same 
to  be  added  to  his  manifest. 

And  be  it  further  enacted, 

[Sect.  4.]  That  if  the  master  of  any  ship  or  vessel  shall  bi-eak  bulk, 
or  suffer  any  of  the  wines,  liquors,  goods,  wares  and  merchandize  im- 
ported in  such  ship  or  vessel  to  be  unladen  before  report  and  entry 
thereof  be  made  as  aforesaid,  he  shall  forfeit  the  sum  of  one  hundred 
jDounds. 

And  he  it  farther  enacted, 

[Sect.  5.]  That  all  merchants  and  other  persons,  being  owners  of 
any  wines,  liquors,  goods,  wares  or  merchandize  imported  into  this 
province,  for  which  an}'  of  the  rates  or  duties  aforesaid  are  payable,  or 
having  the  same  consigned  to  them,  shall  make  entry  thereof  with  the 
commissioner  aforesaid,  and  produce  an  invoice  of  all  such  goods  as 
pa}'  ad  valorem,  and  make  oath  before  him  in  the  form  following  ;  viz'^'^., 

You,  A.  B.,  do  swear  that  the  entry  of  goods  and  merchandize,  by  you  now 
made,  and  the  value  thereof  annexed,  is,  bond  fide,  according  to  your  best  skill 
and  judgment,  agre[e]able  to  the  price  current,  or  the  market  price  of  said 
goods.     So  help  you  God. 

— which  oath  the  commissioner  or  receiver,  appointed  in  consequence 
of  this  act,  is  hereby  impowered  and  directed  to  administer ;  and  the 
owners  afoi'esaid  shall  pay  the  said  commissioner,  or  give  security  to 
pay,  the  duty  of  impost  by  this  act  required,  before  such  wines,  liquor?, 
goods,  wares  or  mei-ehandize  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  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  day-time  only, 
and  that  after  sunrise  and  before  sunset,  unless  in  the  presence  or  with 
the  consent  of  the  commissioner  or  receiver,  on  pain  of  forfeiting  all 
yuch  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.  7.]  And  if  any  person  or  persons  shall  not  have  and  produce 
an  invoice  of  the  quantities  of  rum  or  other  liquors  to  him  or  theln 
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.  8  ]  That  the  said  commissioner  shall  be  and  hereby  is  al- 
lowed to  give  credit  to  such  person  or  persons  whose  duty  of  impost  in 
one  vessel  shall  exceed  six  pounds  :  which  credit  shall  be  so  limited  as 
that  he  shall  settle  and  bal[/]ance  his  acco[un]  [???j>]ts  with  every  person, 
on  or  before  the  twenty-fifth  day  of  Marcli,  one  thousand  seven  hundred 
and  sixty-eight,  that  tiie  said  accorapts  may  be  produced  to  this  court 
as  soon  as  may  be  after  ;  and  for  all  entries  where  the  impost  to  be  paid 
[does]  [_doth^  not  exceed  three  shillings,  the  said  commissioner  shall  not 


[3d  Sess.] 


Province  Laws. — 1766-67. 


915 


demaad  ain'thing,  and  not  more  th[a]  [e]n  sixpence  for  any  other  single 
entiy,  to  what  value  soever. 

And  be  it  farther  enacted^ 

[Sect.  9,]  That  the  importer  of  all  wines,  liquors,  goods,  wares 
and  merchandize,  from  and  after  the  twenty-fourth  day  of  March,  one 
tliousand  seven  hundred  and  sixt^^-seven,  and  until  the  twenty-fifth  day 
of  March,  one  thousand  seven  hundred  and  sixty-eight,  by  land- 
carriage,  or  in  small  vessels  or  boats,  shall,  within  twentj'-four  hours 
after  importation,  make  report  and  deliver  a  manifest  thereof  to  the 
commissioner  aforesaid  or  his  deputy,  therein  particularlv  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  deputj',  to  the  truth  of  such  report  and  mani- 
fest, and  shall  also  pay,  or  secure  to  be  paid,  the  several  duties  afore- 
said 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  whatsoever,  under  penalty  of  ten  pounds. 

And  he  it  farther  enacted^ 

[Sect.  10.]  That  ever}'  merchant  or  other  person  importing  any 
wines  into  this  province,  shall  be  allowed  twelve  per  cent  for  ordinar}' 
leakage,  besides  extraordinary :  provided  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  shall  i)ay  no  duty  for  the  same.  And  no 
master  of  any  ship  or  vessel  shall  sutler  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  that  port,  on  pain  of  forfeiting  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  commissioner 
or  receiver  that  the  same  has  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  vessel  importing  any 
liquors,  wine[.s,]  goods,  wares  or  merchandize,  shall  be  liable  to  pay 
the  impost  for  such  and  so  much  thereof,  contained  in  his  manifest,  as 
shall  not  be  dul}'  entered,  and  the  duty  paid  for  the  same  b}'  the  person 
or  persons  to  whom  such  wines,  liquors,  goods,  wares  or  merchandize 
are  or  shall  be  consigned.  And  it  shall  and  ma}^  be  lawful,  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  mer- 
chandize imported  in  any  ship  or  vessel,  until  he  receives  a  certificate, 
from  the  commissioner  or  receiver  of  impost,  that  the  dut}'  for  the  same 
is  paid,  and  until  he  be  repaid  his  necessar}'  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  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  or  secured  to  be  paid  ;  and 
then  to  deliver  such  wines,  liquors,  goods,  wares  or  merchandize  as 
such  master  shall  direct. 

And  he  it  farther  enacted, 

[Sect.  13.]  That  the  commissioner  or  receiver  of  impost  in  each 
port,  shall  be  and  hereby  is  impowered  to  sue  the  master  of  any  ship  or 


Importer  by 
land-carriage  or 
in  email  vessels, 
to  make  report. 


Allowance  fo> 
leakage. 


Master  allowed 
to  detain  goods 
not  entered  or 
the  duty  not 
paid. 


Master  liable  to 
be  sued. 


916 


Province  Laws.— 1766-67. 


[Chap.  18.] 


Ship,  &c.,  liable 
to  be  taken  iu 
execution. 


Naval  oflRcer  not 
t )  clear  vessels 
till  impost  be 
paid. 


Bills  of  store  to 
be  allowed. 


Preamble. 


CommiBsioner 


vessel,  for  the  impost  or  dut}-  of  so  much  of  the  lading  of  an}^  wines, 
liquors,  goods,  wares  or  merchandize  imported  therein,  according  to 
the  manifest  to  be  by  him  given  upon  oath,  aforesaid,  as  shall  remain 
not  entered  and  the  dut}-  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,  wherein'  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.  14.]  That  the  ship  or  vessel,  with  her  tackle,  apparel[l]  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  b}'  such  master,  according  to  this  act, 
for  an}'  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  licen  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  sufficient  to  satisfy  the 
said  judgment,  may  be  taken  by  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  an}'  of  the  said  forfeitures,  or  for  the  duty  aforesaid  ;  to  the  intent, 
that  if  judgment  be  rendered  for  the  prosecutor  or  informer,  such  ship 
or  vessel  and  appurtenances  ma}'  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  securit}'  to  the  commissioner  or  receiver 
of  impost  that  seized  the  same,  to  respond  or  satisf)'  the  sum  or  value 
of  the  forfeitures  and  duties,  with  the  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  the 
owners,  through  his  default  or  neglect,  shall  be  liable  unto  their  action 
for  the  same. 

And  he  it  farther  enacted, 

[Skct.  15.]  That  the  naval  offi[c]er  within  any  of  the  ports  of  this 
province  shall  not  clear  or  give  passes  to  any  master  of  an}'  ship  or  ves- 
sel, outward  bound,  until  he  shall  be  certified,  by  the  commissioner  or 
receiver  of  impost,  that  the  duty  and  impost  for  the  goods  last  imported 
in  such  ship  or  vessel  are  paid  or  secured  to  be  paid. 

[Skct.  1(5.]  And  the  commissioner  or  receiver  of  impost  is  hereby 
imj)owered  to  allow  bills  of  store  to  the  master  of  any  ship  or  vessel 
importing  any  wines  or  liquors,  for  such  private  adventures  as  shall  be- 
long 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  lad- 
ing ;  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]  [and]  wines,  rum  or 
other  distilled  spirits  being  brought  into  this  province  from  the  neigh- 
bouring governments,  by  land,  qv  iu  small  boats  or  vessels,  or  any  other 
way,  and  also  to  i)revent  wines,  rum  or  other  distilled  spirits  being 
first  sent  out  of  this  province,  and  afterwards  brought  into  the  govern- 
ment again,  to  defraud  the  government  of  the  duties  of  impost, — 

Be  it  enacted, 

[Sr.cT.  17.]     That  the  commissioner  and  receiver  of  the  aforesaid 


[3d  Sess.]  Peovince  Laws.— 17G6-67. 


917 


duties  of  impost  shall,  and  he  is  hereb}'  impowercd  and  enjoined  to, 
appoint  one  or  more  suitable  person  or  persons  as  his  deputy-  or  depu- 
ties, in  all  such  places  of  this  province  where  it  is  likeh'  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  dut}'  of  impost  has  been  paid  therefor 
since  their  being  brought  into  or  relanded  in  this  government ;  and  such 
officer  or  officers  are  impowered  also  to  search,  in  all  suspected  places, 
for  such  wine[s],  rum  or  other  distilled  spirits,  or  for  tea  brought  or 
relanded  in  this  government,  where  the  duty  is  not  paid  as  aforesaid, 
and  to  seize  or  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  deputies  shall  have  power 
to  administer  the  several  oaths  aforesaid,  and  search  in  all  suspected 
places  for  all  such  wines,  rum,  liquors,  tea,  goods,  wares  and  merchan- 
dize 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  here- 
inafter mentioned. 

And  be  it  further  enacted, 

[Sect.  19.]  That  there  shall  be  paid,  by  the  master  of  everj^  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 
(excepting  such  vessels  as  belong  to  Great  Britain,  the  provinces  or 
colonies  of  Pen[?i]sylvania,  West  and  East  Jersey,  Connecticut,  New 
York,  New  Hampshire,  Rhode  Island  and  Nova  Scotia) ,  ever}'  vo^-age 
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  governments 
aforesaid,  which  are  hereb}'  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  hereb}^  impowered  to 
appoint  a  meet  and  suitable  pei'son,  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  thereof  to  be  paid  by 
the  owner  or  master  of  such  ship  or  vessel,  before  she  shall  be  cleared, 
in  case  she  appear  to  be  of  greater  burthen :  otherwise,  to  be  paid  by 
the  commissioner  out  of  the  monej'  received  by  him  for  impost,  and 
shall  be  allowed  him,  accordingly,  by  the  treasurer  in  his  accompts. 
And  the  naval  officer  shall  not  clear  an}^  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  payable  according  to  this  act. 

And  be  it  further  enacted, 

[Sect.  21.]  That  when  and  so  often  as  any  wine,  rum  or  tea  im- 
ported into  this  province,  the  aforesaid  duty  of  impost  upon  which 
shall  have  been  paid  agre[e]able  to  this  act,  shall  be  re-shipped  and 
exported  from  this  government  to  an}'  other  part  of  the  world,  that 
then  and  in  ever}-  such  case,  the  exporter  of  such  wines  or  rum  or  tea 
shall  make  oath,  at  the  time  of  the  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  duty  of  impost  aforesaid  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  the  master  of  the  vessel  in  which  the  same  shall  be  exported,  shall 
make  oath,  before  the  commissioner  or  his  deputy,  that  the  same  has 
been  landed,  and  left  in  some  port  out  of  the  government, — and  the 


to  appoint  dep. 
utics  in  places 
■where  wines, 
rum,  &c.,  may 
be  brought  out 
of  other  govern- 
ments. 


Commissioner 
or  deputy  em- 
powered to  ad- 
minister the 
oaths,  and  to 
search  and 
seize. 


Tonnage  of 
shipping. 


Vessels  to  be 
measured,  if 
suspected. 


Drawback  for 
wine,  rum,  and 
tea,  allowed,  ia 
case. 


918 


PROVINCE  Laws.— 1766-67.  [Chap.  18.] 


Proviso. 


Appointment 
and  duty  of  the 
commiBsioner. 


Disposition  of 
forfeitures. 


exporter,  upon  producing  such  certificate,  or  upon  sucli  oath  of  tlie 
master,  make  oath  that  he  verily  beheves  no  part  of  said  wines,  rum  or 
tea  hath  been  relanded  in  this  province, — such  exporter  shall  be 
allowed  a  drawback  from  the  receiver  of  impost  as  follows  ;  viz^'^., 

For  every  pipe  of  wine,  four  shillings. 

For  every  hogshead  of  rum,  seven  shillings. 

And  for  ever}"  pound  of  tea,  fourpence. 

Provided,  always, — 

[Sect.  22.]  That  if,  after  the  shipping  of , such  wines  or  rum  or 
tea  to  be  exported  as  aforesaid,  and  giving  security  as  aforesaid,  in 
order  to  obtain  the  drawback  aforesaid,  the  wines  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  colonv, 
that  then  all  such  wine,  rum  and  tea  so  relanded  and  brought  again 
into  this  province,  shall  be  forfeited,  and  may  be  seized  by  the  commis- 
sioner aforesaid,  or  his  deput}*. 

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  afore- 
said duties  of  impost  and  tunnage  of  shipping,  and  for  the  inspection, 
care  and  management  of  the  said  oflQce,  and  whatever  relates  thereunto, 
to  receive  commission  from  the  governor  or  commander-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  deputj'-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  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  said  vessel  may 
appear;  and  the  same  to  be  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  pa}'  all  such 
monies  as  shall  be  in  his  hands,  as  the  treasurer  or  receiver-general 
shall  demand  it.  And  the  said  commissioner  or  receiver,  and  his  dep- 
uty or  deputies,  before  their  ent[e]ring  upon  the  execution  of  their 
office  aforesaid,  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  or  receiver,  for  his  labour, 
care  and  expences  in  the  said  office,  shall  have  and  receive,  out  of  the 
province  treasur}',  at  the  rate  of  sixt}'  pounds  per  annum  ;  and  his  dep- 
uty or  deputies  shall  receive  for  their  service  such  sums  as  the  com- 
missioner of  impost,  together  with  the  province  treasurer,  shall  judge 
necessar}',  for  whatever  sums  they  shall  receive  and  pay ;  and  the 
treasurer  is  hereb}'  ordered,  in  passing  and  receiving  the  said  commis- 
sioner's accounts,  accordingh',  to  allow  the  payment  of  such  salary 
[oi']  [o/]salarie8,  as  aforesaid,  to  himself  and  his  deputies. 

And  be  it  further  enacted, 

[Sect.  25.]  That  all  penalties,  fines  and  forfeitures  accruing  or  aris- 
ing in  consequence  of  any  breach  of  this  act,  shall  be  one  half  to  his 
majesty  for  the  use  of  [t]his  province,  and  the  other  half  to  him  or  them 
that  shall  seize,  inform  and  sue  for  the  same,  by  action  or  information, 
in  an}'  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. 


[3d  Sess.] 


pEovmcE  Laws.— 1766-67. 


919 


And  be  it  further  enacted, 

[Sect.  26.  j     That  from  and  after  the  commencement  of  this  act,  in  Charges  of 
all  causes  wherein  any  claimant  shall  appear,  and  shall  not  make  good  Eow  uTbe  paid, 
the  claim,  the  charges  of  prosecution  shall  be  borne  and  paid  b}'  the  iacase. 
said  claimer,  and  not  by  the  informer.     \_Passed  and  published  March 
20,  1767. 


CHAPTER    19. 

A.N  ACT  IN  FURTHEIl  ADDITION  TO  THE  SEVERAL  LAWS  NOW  IN 
BEING  FOE,  THE  MORE  SPEEDY  FINISHING  THE  LAND-BANK  OR 
MANUFACTORY  SCHEME. 


"Whereas,  by  reason  that  Samuel  Danforth  and  Nathaniel  Hatch, 
Esq^"^['UiVes],  two  of  the  commissioners  by  law  appointed  for  adjusting 
the  aifairs  necessary  for  the  equitable  finishing  the  Land-Bank  or  Manu- 
factorj'-  scheme,  desire  to  be  excused  from  officiating  any  further  in  that 
trust,  and  Thomas  Goldthwait,  Esqi^'^.,  the  other  of  them,  is  removed 
to  such  a  distance  that  he  cannot  attend  that  service,  so  that  no  further 
proceedings  can  be  had  for  adjusting  and  finishing  those  affairs,  with- 
out the  aid  of  this  court, — 

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

[Sect.  1.]  That  Edward  Sheaffe,  Samuel  Dexter  and  James  Hum- 
phry, Esqf'"'^['Wi>es],  be  the  commissioners,  in  the  room  of  the  said  Sam- 
uel Danforth,  Nathaniel  Hatch  and  Thomas  Goldthwait,  Esq^'''^[i(/res], 
to  receive  commission  from  the  governor  ;  and  the  said  commissioners 
shall,  by  virtue  of  this  act,  after  the  said  Edward  Sheafr[eJ,  Samuel 
Dexter  and  James  Humphry  have  been  duly  sworn  as  the  law  directs, 
have  as  full  power,  in  all  respects,  as  the  commissioners  heretofore  by 
law  appointed,  for  adjusting  and  settling  the  affairs  of  that  scheme, 
were  vested  withal ;  and  the  several  laws  of  this  province  relative  to 
said  scheme,  and  each  and  every  clause  and  paragraph  therein,  with 
the  powers  and  directions,  in  the  same  laws,  given  to  sheriffs  and  other 
ministerial  officers,  touching  the  service  of  executions  or  warrants,  of 
distress,  issued  or  to  be  issued  by  commissioners  ;  the  subjecting  the 
estates  of  delinquents  to  the  payment  of  assessments  ;  the  sale  of  es- 
tates that  have  or  may  be  taken  by  execution  ;  the  quieting  of  the  pur- 
chasers of  such  estates  ;  and  every  other  matter  and  thing  whatsoever, 
shall  be  of  force  and  take  place  under  the  commission  to  be  issued,  in 
pursuance  of  this  act,  for  the  better  enabling  the  commissioners  here- 
in appointed,  and  other  officers,  to  proceed  to  the  finishing  of  those 
affairs,  as  full}',  to  all  intents  and  purposes,  as  the  said  laws  would  or 
might  have  taken  place,  had  the  commissioners  heretofore  appointed 
still  continued  in  that  trust. 

Provided,  nevertheless, — 

[Sect.  2.]  That  the  commissioners  appointed  by  this  act  do  not 
proceed  in  the  execution  of  their  trust  farther  than  to  call  in  what  may 
remain  due  and  outstanding  of  three  first  assessments,  made  by  the 
former  commissioners  Anno  Domini  one  thousand  seven  hundred  and 
forty-four,  and  one  thousand  seven  hundred  and  forty-five,  until  the 
further  order  of  this  court. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  commissioners  herein  appointed  are  hereby 
enjoined,  from  time  to  time,  to  render  an  account  of  their  doings,  to  the 
general  court,  when  and  so  often  as  said  court  shall  order  ;  the  said  com- 
missioners to  be  paid  for  their  time  and  trouble  in  executing  this  trust, 
as  the  general  court  shall  hereafter  order.     \_Passed  March  20,  1767. 


Preamble. 
1743-44,  chaps. 
17  and  28. 
1744-45,  ch.  12. 
1748-49,  ch.  16. 
1750-51,  ch.  23. 
1754-55,  ch.  24. 
1757-58,  ch.  28. 
1758-59,  ch.  20. 
1759-60,  ch.  25. 
1762-63,  ch.  21. 


Edward  Sheaffe, 
Samuel  Dexter 
and  James 
Humphry, 
Esqrs.,  appoint- 
ed commission- 
ers, and  their 
power  de- 
scribed. 


Proviso. 


Comraissioners 
to  render  ac- 
counts, and  be 
paid  for  their 
service. 


920 


pEOvmcE  Laws.— 1766-C7.     [Chaps.  20,  21.] 


Acts  revived 
and  continued. 


Act  respecting 
idle  and  disor- 
derly persons. 
1736-37,  cli.  4. 

Act  referring  to 
the  poor. 
1741-42,  eh.  4. 
Act  referring  to 
courts  of  pro- 
tate. 
1752-53,  ch.  12. 

Act  referring  to 
poor,  idle,  and 
vasjrant  persons. 
1755-56,  ch.  43. 

Act  in  explana- 
tion to  an  act  re- 
ferring to  the 
poor. 

1758-59,  ch.  17. 
Act  for  regu- 
lating choice  of 
petit  jurors. 
1759-60.  ch.  29. 

Act  for  limita- 
tion of  .ictions. 
1759-CO,  ch.  15. 
Act  for  regu- 
lating Mashpee 
Indians. 
1763-64,  ch.  3. 


Saving,  with 
respect  to  two  of 
said  acts. 
1759-60,  ch.  29. 
1758-59,  ch.  17. 


Limitation. 


CHAPTEK   20. 

AN  ACT  FOR  REVIVING  AND  CONTINUING  SUNDRY  LAWS  THAT  ARE 
EXPIRED,  OR  NEAR  EXPIRING. 

Whereas  the  several  acts  hereinafter  mentioned,  which  are  now  ex- 
pired or  near  expiring,  have  been  found  useful  and  beneficial ;  namely, 
one  act  made  in  the  ninth  and  tenth  j-ears  of  the  reign  of  his  late  maj- 
esty King  Geoi'ge  the  Second,  intitled  "An  Act  to  enable  the  overseers 
of  the  poor,  and  selectmen,  to  take  care  of  idle  and  disorderly  per- 
sons ; "  another  act,  made  in  the  fifteenth  j-ear  of  the  same  reign,  in- 
tit[?<]led  "An  Act  in  addition  to  an  act  intitled  'An  Act  for  explanation 
of,  and  supplement  to,  an  act  referring  to  the  poor; '  "  anotlier  act, 
made  in  the  twent3'-sixth  j-ear  of  the  same  reign,  intitled  "An  Act  for 
further  regulating  the  proceedings  of  the  courts  of  probate  within  this 
province  ; ' '  another  act,  made  in  the  twenty-ninth  3'ear  of  the  same 
reign,  intitled  "An  Act  in  addition  to  the  several  acts  and  laws  of  this 
province  now  in  force,  respecting  poor  and  idle,  disorderl}'  and  vagrant, 
persons;"  another  act,  made  in  the  tliu-tj-second  year  of  the  same 
reign,  intitled  "An  Act  in  further  addition  to  an  act  intitled  'An  Act 
for  explanation  of,  and  supplement  to,  an  act  referring  to  the  poor ; '  " 
also,  two  acts  made  in  the  thirtj'-third  3'ear  of  the  same  reign  ;  one,  in- 
titled  "An  Act  for  the  better  regulating  the  choice  of  petit  jurors  ;  "  the 
other,  intitled  "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;"  one  act  made  in  the  third  3'ear  of  his  present  majestj^'s 
reign,  intitled  "An  Act  for  incorporating  the  Indians  and  molattoes, 
inhabitants  of  Mashpee,  with  their  lands  there,  into  a  district,  with  cer- 
tain privileges,  and  for  their  better  regulation," — 

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

That  such  of  the  before-mentioned  acts  as  are  expired,  be  revived, 
and  such  of  the  said  acts  as  are  not  3-et  expired,  be  continued  ;  saving 
the  first  part  of  the  first  paragraph  in  the  act  intitled  "An  Act  for  the 
better  regulating  the  choice  of  petit  jurors,"  so  far  as  it  respects  the 
obligation  upon  the  selectmen  to  take  a  list  before  the  tenth  of  April, 
one  thousand  seven  hundred  and  sixty :  saving^  cdso,  a  part  of  the  last 
clause  in  the  act  intitled  "An  Act  in  further  addition  to  an  act  in- 
titled  'An  Act  for  explanation  of,  and  supplement  to,  an  act  referring 
to  the  poor,'"  which  has  relation  to  the  late  war;  and  that  all  and 
every  other  article,  clause,  matter  and  thing  therein  respectively  con- 
tained, shall  be  in  force  until  the  first  da3'  of  JUI3',  which  will  be  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  sevent3',  and  no 
longer.     [_Passed  and  j^ublished  March  20,  1767. 


CHAPTER   21. 


Preamble. 


AN  ACT  FOR  LAYING  OUT  AND  ESTABLISHING  A  NEW  STREET  IN 
THE  TOWN  OF  BOSTON,  LEADING  FROM  MILK  STREET  TO  BATTERY- 
MARCH  STREET. 

"Whereas  Benjamin  Hallowell,  Esq^'"'.,  by  his  petition  to  this  court, 
has  represented  that  the  late  widening  of  Batterymarch  Street,  in  the 
town  of  Boston,  has  greatly  incommoded  his  ship-yard,  and  has  pro- 


[3d  Sess.]  Province  Laws.— 1766-67.  921 

posed  that  Bread  Street,  crossing  Milk  Street,  should  be  continued  up 
to  his  house,  and  there  open  into  Batter^-mareh  Street,  and  that  the 
old  street  leading  along  his  ship-yard,  from  the  bottom  of  Milk  Street, 
towards  his  house,  and  hitherto  making  a  part  of  Batterjmarch  Street, 
should  be  closed  up,  and  the  property  thereof,  according  as  the  same 
has  been  lately  widened,  vested  in  him ;  in  consideration  whereof  he 
would  satisfy  the  heirs  of  Stephen  Greenleaf  and  Isaac  DafForn,  de- 
ceased, and  also  the  heirs  of  William  Hallowell  and  Samuel  Ilallowell, 
for  all  the  land  belonging  to  them,  respectively,  that  might  be  taken 
into  said  proposed  new  street ;  and  whereas  it  appears,  b}'  the  memorial 
of  the  selectmen  of  Boston,  in  answer  to  said  petition,  that  said  pro- 
posed new  street  will  be  convenient  to  the  public,  and  that  the  said 
town  acquiesce  in  the  aforesaid  proposal  of  the  said  Hallowell,  provided, 
that,  at  his  charge,  said  new  street  be  made  passable  for  carriages ; 
that  the  stones  of  the  pavement  of  said  old  street  be  removed  to  the 
new  street,  at  his  cost ;  and  that  he  open  said  new  street,  at  his  own 
charge,  into  Batterymarch  Street ;  and  also,  that  Milk  Street  preserve 
its  full  length  and  breadth,  as  lately  projected  by  a  committee  of  the 
general  court :  all  which  conditions  the  said  Hallowell  has  agreed  to ; 
and  whereas  the  said  Benjamin  Hallowell  has  agreed  with  the  heirs  of 
the  aforesaid  Stephen  Greenleaf,  Isaac  Daftbrn,  William  Hallowell  and 
Samuel  Hallowell,  for  the  purchase  of  the  land  taken  into  said  new  street, 
and  said  new  street  has  been  laid  out  b}^  a  committee  of  this  court, — 

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

[Sect.  1 .]     That  said  new  street  as  now  laid  out,  the  westerlv  side  Batterymarch 
of  which  begins  on  the  southerly  side  of  Milk  Street,  twenty-five  feet  f,'';f^Vnd^de'i' 
to  the  eastward  of  the  north-easterly  corner  of  the  house  now  improved  scribed. 
by,  and  belonging  to,  John  Fullerton ;  and,  from  thence,  runs,  on  a 
strait  line,  to  the  westerly  side  of  the  front  door  of  said  Benjamin 
Hallowell's  dwelling-house ;  and  the  easterly  side  of  which  runs  parrel- 
lel  with,  and  at  forty  feet  distance  from,  the  said  westerl}-  side,  which, 
is  nearly  on  a  line  with  the  westerly  side  of  Bread  Street, — shall  be, 
forever,  a  public  street,  and  used  and  deemed  as  such  ;  and  shall  be  of 
the  width  of  forty  feet  throughout  its  whole  length,  from  Milk  Street 
to  Batterymarch  Street,  aforesaid  ;  and  all  encroachments  thereon  shall 
be  removed,  as  is  directed  by  an  act  made  and  passed  in  the  thirt^y- 
third  3'ear  of  the  reign  of  his  late  majesty-  George  the  Second,  intitled 
"An  Act  for  the  better  rebuilding  that  part  of  the  town  of  Boston  1760-61,  chap.  9. 
which  was  laid  waste  by  the  late  fire,  and  for  preventing  fire  in  that 
town  for  the  future  ;  "  and  all  actions  that  shall  be  brought  for  recover- 
ing possession  of  any  land  Ij'ing  within  said  street,  or  for  damages 
sustained  or  occasioned  thereby,  shall  be  barred. 

Provided,  nevertheless, — 

[Sect.  2.]     That  said  Hallowell  is  hereb}^  subjected  to  make  good  Proviso, 
all  damages  that  ma}^  arise  from  his  failing  to  perform  the  whole  or 
any  part  of  his  agreement  aforesaid. 

And  he  it  further  enacted, 

[Sect.  3.]     That  the  said  Benjamin  Hallowell  shall  be  and  hereb}'  Duty  enjoined 
is  subjected,  at  his  own  costs,  to  remove  from  the  aforesaid  old  street  naUoweii^Esq. 
adjoining  to  his  ship-yard,  all  the  paving-stones,  into  said  new  street, 
but  not  to  lay  or  pave  the  same  ;  and  also,  to  make  the  new  street, 
hereinbefore  described,  passable  for  carriages,  and  to  satisfy  or  com- 
pensate the  heirs  above  mentioned,  as  aforesaid. 

In  consideration  whereof,  and  of  his  giving  for  public  use  the  land 
contained  in  said  new  street, — 

It  is  hereby  enacted, 

[Sect.  4.]     That  said  Benjamin  HalloweU  shall  have  all  the  land 


922 


Peovince  Laws.— 1766-67. 


[Chap.  22.] 


1759-60,  chap. 
SO. 


Land  to  remain 
as  security  for 
performance. 


now  contained  in  the  said  old  street,  according  as  the  same  has  been 
lately  widened,  b}'  a  committee  of  the  general  court,  in  pursuance  of  an 
act  made  in  the  thirt3-third  year  of  his  late  majesty's  reign,  intitled 
"An  Act  for  the  prevention  of  danger  and  inconvenienc[/]e[sJ  in  re- 
building that  part  of  the  town  of  Boston  that  was  lately  consumed  by 
fire  ;  "  that  is  to  sa}",  the  southerly  line  of  Milk  Street,  as  settled  by  said 
committee,  being  continued  across  said  old  street,  the  said  Hallo  well 
shall  have  all  the  land  in  said  old  street  to  the  southward  of  said  line, 
as  far  as  the  north  side  of  Batterj'march  Street,  where  said  new  street 
will  open  into  it,  except  so  much  of  said  old  street  as  the  new  street 
may  take  in  ;  it  being  hereby  intended  that  Milk  Street  should  preserve 
its  full  length  and  breadth  as  settled  by  the  committee  aforesaid  ;  the 
said  Hallowell  to  hold  the  said  land  to  him,  his  heirs  and  assigns,  for- 
ever: provided,  nevertheless,  that  sai[cP]  land  shall  be  and  hereby  is 
subjected  to  secure  the  heirs  aforesaid,  in  case  of  said  Hallowell's  fail- 
ing to  compensate  them  as  aforesaid.     [Passed  3Iarch  20,  17G7. 


CHAPTER    22. 


AN  ACT  FOR.  [THE]  EFFECTUAL  PREVENTING  THE  CURRENCY  OF  THE 
BILLS  OF  CREDIT  OF  CONNECTICUT,  NEW  HAMPSHIRE  AND  RHODE 
ISLAND,  WITHIN  THIS  PROVINCE. 


PreamWe. 
1761-62,  chap. 
27. 


Bills  of  other 
governments, 
prohibited. 


—on  penalty  of 
£50. 


Persons  chosen 
into  oiBces,  to 
take  an  oatli, 
■with  an  excep- 
tion. 


Whereas  bills  of  credit  still  continue  current  within  the  governments 
of  Connecticut,  New  Hampshire  and  Rhode  Island,  and  it  is  of  gi-eat 
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  else- 
where, as  have  trade  and  commerce  here,  that  the  currency  of  said  bills 
should  be  effectuall}'  prevented  throughout  this  government, — 

Be  it  therefore  enacted  h.y  the  Governor,  Council  and  House  of 
Representatives, 

[Sect.  1.]  That  every  person  within  this  province  be  and  hereby 
is  strictl}^  forbidden  to  account,  receive,  take  or  paj'  anj-  bill  or  bills 
.  of  credit,  of  either  of  the  governments  of  Connecticut,  New  Hampshire 
or  Rhode  Island,  in  discharge  of  an}'  contract  or  bargain,  or  for  awy 
valuable  consideration  whatsoever ;  and  that  eveiy  person  who  shall  so 
account,  receive,  take  or  paj'  anj'  of  said  bills  within  this  province, 
shall  forfeit  the  sum  of  fifty  pounds  for  ever}'  offence  ;  one  moiety  there- 
of to  his  majest}',  his  heirs  and  successors,  to  and  for  the  use  of  this 
government,  the  other  moiet}'  to  him  or  them  that  shall  sue  for  the 
same ;  to  be  recovered,  with  full  cost[s]  of  suit,  by  action  of  debt,  in 
an}'  of  his  majesty's  courts  of  record  within  this  province,  or  by  pre- 
sentment of  the  grand  jury. 

And  he  it  farther  enacted, 

[Sect.  2.]  That  from  and  after  the  last  day  of  March,  which  will 
be  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  sixty-seven, 
every  person  who  shall  be  chosen  to  serve  in  any  office  in  any  of  the 
towns  or  districts  or  precincts  of  this  province,  such  offices  excepted 
to  the  refusal  of  which  any  penalty  is,  by  law,  annexed,  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  pres- 
ent, by  the  town,  district,  or  precinct  clerk,  who  is  hereby  [e] [Em- 
powered to  administer  the  same  ;  v\z^^^., — 


*  Parchment  mutilated. 


[3d  Sess.] 


PROVINCE  Laws.— 1766-67. 


923 


Other  oflBcers  to 
be  chosen, in 
case  of  neglect 
or  refusal. 


Persor«  chosen 
representatives, 
to  take  the  oath. 


His  majesty's 
council,  to  taka 
the  oatb. 


You,  A.  B.,  do,  in  the  presence  of  God,  solem[n]ly  declare  ttat  you  have  not,   Form  of  the 
since  the  thirty-first  day  of  March,  one  thousand  seven  hundred  and  sixty-  <'^''^- 
seven,  wittingly  and  willingly,  directly  or  indirectly,  either  by  yourself  or  any 
for  or  under  you,  been  concerned  in  receiving  or  paying,  witliin  this  govern- 
ment, 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  an}'  person,  chosen  and  not  exempted  as 
aforesaid,  shall  refuse  or  neglect  to  take  the  oath  aforesaid,  on  tendering 
the  same,  the  town,  district  or  precinct  shall  proceed  to  the  choice  of 
another  person  in  his  room. 

And  be  it  further  enacted, 

[Sect.  4.]  That  when  any  person  shall  be  chosen  to  represent  any 
town  within  this  province,  in  the  general  court  or  assembly,  such  per- 
son 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 
hath  taken  the  oath  aforesaid  ;  and  if  any  person  so  chosen  shall  re- 
fuse 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. 

Ayid  be  it  further  enacted, 

[Sect.  5.]  That  the  oath  aforesaid  shall  be  administred  to  each 
of  the  members  of  his  majesty's  council  every  ,year,  at  the  same  time 
when  the  usual  oaths  required  to  be  taken  b}-  the  said  members  of  his 
majesty's  council  shall  be  administred ;  and  all  officers,  civil  and 
militaiy,  within  this  government,  who  shall  be  nominated  or  appointed, 
shall,  before  thej^  receive  their  respective  commissions,  take  the  oath 
aforesaid,  and  their  respective  commissions  shall  be  otherwise  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.  6.]  That  no  execution  shall  be  issued  from  the  office  of  any 
clerk  of  any  of  the  inferio[M]r  courts  of  common  pleas,  or  of  the  supcr- 
io[?i]r  court  of  judicature,  for  any  sum  whatsoever,  unless  the  plaintiff 
or  plaintiffs,  suing  in  his  or  their  own  right,  and  dwelling  within  this 
province,  shall  first  take  the  oath  aforesaid,  to  be  administred  b}'  a 
justice  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  witliout 
such  certificate,  the  same  shall  be  and  hereby  is  declared  to  be  void, 
excepting  as  is  hereinafter  provided  :  provided,  nevertheless,  that  no 
person  taking  out  an  alias  execution,  shall  be  required  to  take  said 
oath  ;  and  no  licence  shall  be  granted  to,  nor  any  recognizance  taken 
from,  any  taverner,  innholder  or  retailer,  by  the  justices  of  any  of  the 
courts  of  session  within  this  province,  nntil[^]  such  taverner,  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  farther  enacted, 

[Sect.  7.]     That  for  every  oath  administred   as  aforesaid   by  the 
clerk  of  any  court,  he  shall  be  allowed  threepence,  and  for  every  cer- 
tificate b}-  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  execution  required  to  be  levied  accordingly. 

And  lohereas  it  frequently  happens  that  persons  who  are  intitled  to 
take  out  writs  of  execution  upon  judgments  by  thera  obtained,  are 
absent  out  of  this  province,  or  employed  in  his  majesty's  service  in 
such  parts  of  it  as  are  very  remote  from  the  places  where  such  judg- 


The  said  oath 
to  be  taken 
upon  issuing 
executions  on 
judgments  of 
court : 


— and  upon 

taking  out 
licenses. 


Clerk's  fee. 


Preamble. 


924 


Province  Laws.— 1766-67. 


[Notes.] 


Proviso  with 
regard  to 
executions, 
wliere  persons 
are  absent  or 
remote. 


Certificate  there- 
of  to  be  deliv- 
ered to  the 
clerk. 


Limitation. 


ments  are  entered,  and  so  cannot  take  the  oath  bj-  law  appointed  to  be 
taken  before  executions  are  issued ;  wherefore,  for  remedy  of  these 
inconveniencies, — 

Be  it  enacted, 

[Sect.  8.]  That  when  any  person  or  persons  shall  be  absent  from 
this  province,  or  employed  in  his  majesty's  service  in  such  parts 
thereof  as  are  very  remote  from  the  courts  or  places  where  they 
recover  judgments,  in  all  such  cases  it  shall  be  lawful  for  the  clerks 
of  the  superio[zt]r  court  of  judicature,  court  of  assize  and  general  goal 
deliver}^  and  of  the  inferior  courts  of  common  pleas,  or  other  courts  of 
law,  to  issue  writs  of  execution,  when  applied  for,  upon  judgments 
recovered  by  such  person  or  persons  as  are  before  mentioned,  notwith- 
standing he  or  they  have  not  taken  the  oath  appointed  b}'  this  act  to 
be  taken :  provided,  nevertheless,  that  before  executions  are  issued,  as 
aforesaid,  a  certificate  in  writing,  under  the  hand  of  an}'  justice  of  the 
peace  for  any  county  in  the  province,  shijl  be  delivered  to  the  clerk 
who  issues  the  execution,  setting  forth  that,  at  the  date  of  such  certi- 
ficate, the  person  or  persons  on  whose  behalf  execution  is  applied  for, 
is  then  out  of  the  province,  or  emplo^-ed  in  his  majesty's  service  as 
aforesaid. 

[Sect.  9.]  This  act  to  continue  and  be  in  force  until  the  last  day 
of  March,  which  will  be  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  seventy'.     \_Passed  and  published  March  20,  1767, 

Notes. — All  the  public  acts  of  this  year  were  printed, — chapter  6,  separately;  and 
the  engrossments  of  all  acts  are  preserved,  including  one  private  act,  the  title  of 
which  is  as  follows: — 

"  An  Act  to  enable  "William  Pepperrell  Sparhawk  Esq""  to  take  the  name  of  William 
Pepperrell."     {Passed  June  18. 

The  acts  of  the  first  session  were  certified  for  transmission,  August  10, 17(56.  They 
•were  received  by  the  clerk  of  the  Privy  Council,  in  waiting,  on  the  seventh  day  of 
November  following,  and  immediately  referred  to  the  committee  on  plantation  affairs, 
by  whom,  on  November  29,  they  were  referred  to  the  Lords  of  Trade.  They  were 
received  by  the  latter,  December  0,  read  December  8,  and  thereupon  referred  to  Sir 
Matthew  Lamb,  who  reported,  May  2,  1707,  that,  "upon  perusal  and  consideration 
of  the  before  mentioned  Acts  I  have  no  objections  thereto  in  point  of  law."  This 
report,  together  with  the  acts  to  which  it  referred,  was  considered  by  the  Board,  June 
12, 17(37;  and  the  draught  of  a  report  to  the  Lords  of  the  Council  was  ordered  to  be 
prepared,  proposing  the  disallowance  of  chapter  5.— See  the  note  to  that  chapter,  post. 

The  acts  of  the  second  session  were  certified  for  transmission,  December  27,  176G. 
They  were  received  l)y  the  Lords  of  Trade,  Marcli  10,  17G7,  and  the  proceedings  that 
followed  are  shown  in  the  note  to  chapter  10,  post. 

The  acts  of  the  third  session  were  certified  for  transmission.  May  2, 1767,  and  were 
laid  before  the  Lords  of  Trade,  June  30,  and  immediately  referred  to  Sir  Matthew 
Lamb,  for  his  opinion  thereupon.  On  the  fifteenth  of  November  Sir  Matthew  Lamb 
reported  that  he  had  "  no  objection  thereto  in  point  of  law,"  which  report,  with  the 
accompanying  acts,  was  read  at  the  Board,  December  1,  when  the  further  considera- 
tion of  chapter  22  was  postponed  to  December  8,  17G7,  after  which  no  recprd  of  any 
further  jiroceedings  upon  the  acts  of  this  year  has  been  discovered. 

Cliap.  1.    See  note  to  1768,  chap.  1,  post. 

Chap.  2.  "  June  14, 1766.  On  the  Petition  of  William  Miller  and  Others  Inhabit- 
ants of  that  part  uf  the  Town  of  Bristol  in  the  County  of  Lincoln  formerly  called 
Walpole:  A  Bill  was  brought  in  intitled  'An  Act  in  adtlition  to  an  Act  intituled 
An  Act  for  erecting  a  Town  in  the  County  of  Lincoln  by  the  name  of  Bristol,'  The 
said  Bill  having  been  read  a  first  and  second  time  In  Council,  Passed  to  be  En- 
grossed. 

In  the  House  of  Representatives,  Read  a  first,  second  and  third  time,  and  passed 
a  concurrence." — Council  Records,  vol.  XXVI.,  p.  255. 

Chap.  5.  "Nov.  1,  1765.  In  the  House  of  Representatives.  Ordered  that  Colo 
Bowers,  M""  Hall,  Col°  Noyes,  M""  Cushing  and  Cap'  Brown  with  such  as  the  Hon'''* 
Board  shall  join  be  a  Committee  to  consider  the  Expediency  of  Repealing  the  act 
respecting  insolvent  Debtors  &c  and  report. 

In  Council,  Read  and  Concurred,  and  William  Brattle,  Harrison  Gray  and  Nath* 
Ropes  Esq'"^  are  joined  in  the  affair." — Council  Records,  vol.  XXVI.,  j).  lOo. 

The  committee  appointed  as  above,  reported  a  bill  to  the  Council,  on  the  fourth  of 
February,  176(5.  The  bill  so  reported,  which  provided  that  it  should  not  be  so  con- 
strued as  "to  exclude  such  as  have  made  application  since  the  first  of  Nov''  last,  in 
order  to  receive  y^  benefit  of  s*i  acts  "  was  recommitted,  after  a  second  reading  in  the 
House,  and,  on  the  tenth  of  February  it  was  passed  to  be  engrossed,  in  the  Council, 


[Notes.]  Phovincb  Laws.— 1766-67.  925 

"  as  taken  into  a  new  draught  by  the  committee."  The  House  refused  to  concur  in 
tills  vote,  altliough  the  new  drauglit  appears  to  have  been  identical  with  tlie  present 
cliapter,  and  voted  for  the  appointment  of  a  new  committee,  to  report,  at  the  next 
session,  "what  they  judge  proper  to  be  enacted  relating  to  the  repeal"  of  the  in- 
solvency-acts, "  or  to  report  a  new  bill."  The  Council  nonconcurred,  and  voted  to 
adhere  to  their  vote  of  the  tenth  of  February.  The  House  thereupon  receded;  and 
the  bill  was  passed  to  be  enacted  in  both  branches,  but  failed  to  receive  the  aa.sent 
of  the  Governor,  for  the  reasons  which  appear  in  liis  letter  to  the  Lords  of  Trade, 
dated  March  10,  170(),  from  which  the  following  extract  is  taken: — 

"  There  was  another  Bill  laid  before  me,  which  I  have  not  passed:  that  is  a  Bill 
for  repealing  the  late  Insolvent  Act.  The  reason  given  for  it  was  ;hat  the  Act  had 
been  much  al)used  by  fraudulent  debtors.  But  it  is  the  nature  of  these  Acts  to 
be  subject  to  abuse  and  much  more  so  where  they  are  not  assist<;d  by  a  Court  of  ; 
Equity  which  can  enquire  into  frauds.  And  yet  without  them  the  Common  Law  is  • 
pregnant  of  greater  abuses  from  partial  attacliments  and  fraudulent  judgments.  I 
therefore  thought  and  with  me  many  others  that  the  Act  should  be  rather  amended 
than  repealed.  But  if  it  was  to  be  repealed,  it  ought  to  l)e  done  at  a  day  distant  fn.m 
the  passing  the  Act  of  repeal,  that  alisent  Creditors  who  now  trust  it  may  know 
when  it  is  to  cease.  For  these  reasons  I  have  declined  passing  the  Bill,  tho'  as  the 
General  Court  is  continued  by  adjournment  I  can  yet  do  it  if  I  see  occasion." — 
"  Mass.  Bill/,  li.  2\,"  vol.  7S>,  M.  m.,  2,  in  Pnhlic-Reiord  Office. 

"  Feb.  21,  17G6.  In  Council.  Whereas  a  Bill  has  passed  the  two  Houses  and  now 
lies  before  his  Excellency  for  consideration  intituled  '  an  Act  for  Repealing  two 
Acts,  our;  intituled  An  Act  for  preventing  fraud  in  Debtors  and  for  securing  the 
Effects  of  Insolvent  Debtoi's  for  the  benefit  of  their  Creditors:  The  other  Act  inti- 
tuled An  Act  in  addition  to  an  Act  for  preventing  fraud  in  Debtors  and  for  securing 
the  Effects  of  Insolvent  Debtors  for  tho  benefit  of  their  Creditors:  both  made  in  the 
tilth  yearof  his  present  Majesty's Ileigu.'  Ordered  That  the  Justicesof  the  Superior 
Court  of  Judicature  <&c.  be  and  hereby  are  directed  to  issue  no  A^'arrants  for  attach- 
ing the  Effects  of  absconding  or  concealed  Debtors  until  after  the  end  of  the  present 
Session  of  the  General  Court,  saving  to  those  who  had  before  this  time  legally 
ajiplied  for  said  Warrants,  and  had  a  right  to  the  benefit  of  said  Acts.  In  the  itouse 
of  Representatives,  Read  and  Concurred.  Consented  to  by  the  Governor." — Council 
liecords,  vol.  XXVI.,  p.  197. 

"  Feb.  21, 17ti(>.  In  Council  (10"').  The  Board  being  informed  that  application  had 
been  made  to  Benj*  Lynde  Esq"'  one  of  the  Judges  of  the  Superior  Court  by  the 
,  Creditors  of  M''  Henry  Quincy  a  jjcrson  represented  insol  vent  for  a  Warrant  to  attach 
the  Effects  of  the  said  Quincy  the  Board  thereupon  sent  tor  Cap'  Samuel  Bulfincli 
who  had  been  employed  in  this  business,  who  accordingly  appeared  before  the  Board 
and  informed  them  tliat  he  went  to  Salem  on  Monday  the  17"^  Instant,  and  asked  of 
Judge  Lynde  a  Warrant  to  attach  the  Effects  of  M''  Henry  Quincy  a  person  insol- 
vent. The  Judge  asked  him  if  he  was  a  Creditor?  He  said  No;  but  that  he  came 
by  desire  of  M'"  Quincy  and  shewed  him  a  i)etition  from  about  a  dozen  of  the  Cred- 
itors— When  the  Judge  knew  he  was  thus  impowered,  and  the  demand  Avas  still 
made,  he  replied,  he  would  make  a  minute  of  it,  and  if  the  Others  who  applied  had 
the  benefit  of  the  Act  M''  Quincy  would  have  it  likewise.  Ju'lge  Lj-nde  inquired  of 
Mi'Bulfinch  if  the  Banknipt  Act  was  repealed,  who  told  liim,  it  was  not:  and  in  the 
conversation  the  Judge  said,  he  did  not  choose  to  issue  a  Warrant  unless  he  could  be 
indemnified  against  the  penalties  of  the  Stamp  Act.  Thereupon  Ordered  That  the 
Secretary  send  bj'  Express  a  Cojiy  of  this  information  to  Judge  Lynde  and  acquaint 
Lim  that  the  Board  would  be  glad  he  would  forthwith  come  and  take  his  seat  in  Coun- 
cil if  he  can  conveniently,  that  he  may  then  inform  the  Board  of  the  true  state  of  this 
matter,  and  if  he  cannot  attend  in  person  that  he  would  write  them  and  let  them  know 
whether  his  difficulty  arose  from  the  uncertain  situation  in  which  lie  left  the  Bank- 
rupt Bill,  or  whether  it  arose  from  the  penalties  he  might  be  exposed  to  on  account 
of  the  Stamp  Act;  on  which  last  Article  lie  is  requested  to  be  full  and  explicit. 

In  Council  (20*'').  The  Board  having  received  a  Letter  from  Ben j"  Lynde  Esqf  one 
of  the  Justices  of  the  Superior  Court  in  reply  to  what  had  been  a  Hedged  Yesterday 
l)y  M''  Bulfinch  of  his  having  refused  to  grant  a  Warrant  to  attach  the  Elfects  of  an 
insolvent  Debtor — The  said  Letter  was  read  at  the  Board,  and  it  was  thereupon 
Resolved,  that  Judge  Lynde's  Reply  was  fully  satisfactory  to  the  Board;  and  that 
it  thereby  appears  that  his  Conduct  in  the  affair  is  not  only  free  from  all  blame,  but 
that  it  merits  the  approbation  of  the  Board." — Ibid. 

"June  17,  1706.  In  the  House  of  Representatives.  Ordered  that  M"^  Otis,  Col^ 
Bourne  and  JNIaj""  Humphrey  with  such  as  the  Hon''''^  Board  shall  join  be  a  Committee 
to  bring  in  a  Bill  for  the  Repeal  of  the  Bankrupt  Act.  In  Council.  Read  and  Con- 
curred, and  James  Bowdoin  and  Harrison  Gray  Esqi's  are  joined  in  the  affair." — 
Ibid.,  p.  258. 

"  June  25,  1766.  His  Excellency  acquainted  the  Board  that  a  Bill  for  repealing 
the  Bankrupt  Acts  passed  the  last  year,  had  been  laid  before  him.  and  stated  to  the 
Board  certain  difficulties  he  had  about  giving  his  Consent  thereto,  particularly  as  it 
might  affect  Creditors  in  England,  who  being  at  a  distance  might  in  many  cases  be 
prevented  coming  in  for  any  share  of  the  effects  of  Insolvent  Debtors. 

His  Excellency  further  informed  the  Board  that  he  had  laid  this  difficulty  before 
the  Board  of  Trade  when  such  a  Bill  was  laid  before  him  the  last  Session,  which 
made  it  more  difficult  for  him  to  sign  the  Bill  now  Ijefore  him;  but  that  on  the  other 
hand  he  understood  that  the  inconveniences  that  would  attend  the  Creditors  in 
England  by  the  fraudulent  practices  upon  the  said  Acts,  might  he  greater  and  more 
prejudicial  to  them  than  if  the  Repeal  of  the  said  Acts  v/ere  to  be  suspended  for 
some  months:    And  asked  the  Advice  of  the  Board  upon  the  whole  matter. 

The  Board  were  of  Opinion  that  the  inconveniences  that  would  arise  from  the 
suspending  the  Repeal  of  the  said  Acts  for  such  a  term  of  time,  would  be  greater  and 


926  Pkovince  Laws.— 1766-67.  [Notes.] 

more  prejudicial  to  the  British  Merchants  than  the  inconveniences  first  mentioned: 
And  tliereupon 

Advised  liJ,  to  3, — That  upon  consideration  of  all  circumstances  His  Excellency 
Sign  the  Bill  now  laid  before  him." — Executive  Records  of  the  Council,  17G5-1774, 
p.  127. 

"Among  the  Acts  which  are  now  transmitted  to  Your  Lordships  is  an  Act  for 
repealing  the  Bankrupt  Act,  which  I've  before  observed  upon.  AH  Acts  of  this 
kind  are  very  subject  to  abuses:  this  had  produced  so  many  fraudulent  insolven- 
cies, that  people  of  all  kinds,  were  earnest  for  having  it  rejiealed.  I  had  refused  it 
in  a  former  Session  because  I  thought  Creditors  ought  to  have  previous  notice  of 
the  repeal  taking  place.  This  objection  had  less  weight  in  this  Session,  as  it  was 
urged  that  the  two  Houses  passing  the  Bill  last  Session  was  giving  such  notice  as  I 
had  required.  Being  very  much  pressed  to  pass  this  Act,  1  took  the  advice  of  a 
very  full  Council,  when  having  stated  my  reasons  why  the  repeal  ought  to  take 
place  at  a  distant  day,  they  were  unanimously  of  opinion  that  the  inconveniences 
arising  from  the  postponing  the  repeal,  which  were  certain,  greatly  outweighed  those 
apprehended  from  making  it  instant,  which  were  barely  probable,  I  thereupon 
passed  the  Act." — Gov.  Bernard  to  Lords  of  Trade,  Sept.  3,  1766:  "  Mass.  Bay,  B.  T.," 
vol.  79,  M.  m.,  44,  in  Public-Record  Office. 

"  At  the  Court  at  S'  James's  the  24th  jay  of  July  1767— 
Present 
The  Kings  most  Excellent  Majesty — 
Arch  Bishop  of  Canterbury  Earl  of  Shelburne 

Lord  Chancellor  Viscount  Falmouth 

Duke  of  Queensberry  Viscount  Barrington 

Duke  of  Ancaster  Viscount  Clare 

Lord  Chamberlain  -  Bishop  of  London 

Earl  of  Litchtield  M^  Secretary  Conway 

Earl  of  Bristol  Hans  Stanley 

"Whereas  the  Great  and  General  Court  or  Assembly  of  his  Majesty's  Province  of 
the  Massachusetts  Bay  in  New  England  did  in  June  1766  pass  an  act  which  hath 
been  transmitted  intituled  as  follows  viz'— 

'An  Act  for  Repealing  two  acts,  one  intituled,  an  act  for  preventing  fraud  in 
'  Debtors  •&  for  securing  the  Effects  of  Insolvent  Debtors  for  the  benetit  of  their 
'  Creditors;  the  other  act  intitled,  an  act  in  addition  to  an  act  for  preventing  fraud 
'  in  Debtors  and  for  securing  the  Effects  of  Insolvent  Debtors  for  the  benefit  of  their 
'  Creditors;  both  made  in  the  fifth  year  of  his  present  Majesty's  Reign.' 

Which  Act  having  been  under  the  Consideration  of  the  Lords  Commissioners  for 
Trade  &  plantations,  and  also  of  a  Committee  of  the  Lords  of  his  Majesty's  most 
honourable  Privy  Council  for  Plantation  affairs,  the  said  Lords  of  the  Committee 
did  this  day  Report  to  his  Majesty  as  their  Opinion  that  the  said  act  ought  to  be  dis- 
allowed &  rejected,— His  Majesty  taking  the  same  into  consideration,  was  pleased, 
with  the  advice  of  his  Privy  Council  to  declare  his  disallowance  of  the  said  Act, 
and  to  order  that  the  said  act  be,  and  it  is  hereby  disallowed  and  rejected — Whereof 
the  Governor,  Lieutenant  Governor  or  Commander  in  Chief  of  his  Majesty's  said 
Province  of  the  Massachusetts  Bay,  for  the  time  being  and  all  others  whom  it  may 
concern  are  to  take  Notice  &  Govern  themselves  accordingly. — 

W.  Sharpe." — Records  of  Commissions 
in  Office  of  Secretary  of  the  Commonwealth,  vol.  3,  p.  97. 

"  Feb.  3,  1768.  His  Excellency  having  laid  before  the  Board  an  Order  of  His 
Majesty  in  his  Privy  Council,  dated  tlie  24"»  day  of  July  1767,  by  which  His  Majesty 
hath  been  pleased  to  disallow  and  reject  an  Act  passed  by  the  Great,  and  General 
Court  or  Assembly  of  this  Province  in  June  17(56,  intituled  as  follows,  viz'  An  Act 
for  repealinfi  two  Acts  one  intitled  An  Act  for  preventinci  fraud  in  Debtors  and  for 
securinr/  the  effects  of  Insolvent  Debtors,  for  the  benefit  of  their  Creditors ;  the  other  Act 
intitled  An  Act  in  addition  to  an  Act  for  preventing  fraud  in  Debtors  and  for  securing 
the  effects  of  Insolvent  Debtors  for  the  benefit  of  their  Creditors,  both  made  in  the  fifth 
year  of  His  present  Majesty's  reign. 

It  was  Advised  and  Ordered  that  notice  be  given  in  the  Massachusetts  Gazette, 
that  the  said  Act  is  disallowed  and  rejected,  that  all  persons  concerned  may  govern 
themselves  accordingly." — Executive  Records  of  the  Council,  1765-1774,  p.  280. 

See,  further,  1769-70,  chap.  10,  and  note,  post. 

Chap.  6.    "  June  5, 1766.    The  House  took  into  Consideration  the  Circumstances 

of  such  Towns  as  sent  no  Representatives  the  present  Year. 
Resolved,  That  the  several  Sums  be  added  in  the  next  Province  Tax  Act,  to  be 

laid  on  the  following  Towns  respectively,  for  not  sending  any  Persons  to  represent 

them  in  the  General  Court  the  present  Year,  Viz. 

Brookline, £10    0  0 

Walpole, 800 

Wenham, 6  15  0 

Middleton 7  17  0 

Manchester, 5  15  0 

Wilmington, 7    0  0 

Holliston, 6  15  0  ' 

Acton, 650 

Duxborough, 9    0  0 

Hopkinston, 9    0  0 

Petersham, 600 

Georgetown 10    0  0 

Dudley, 6    0  0"— House  Journals, 

1766-67,  p.  48. 


[Notes.]  Peovince  Laws.— 1766-67.  "  927 

"  June  14,  1765.  In  the  House  of  Representatives.  "Whereas  the  Tax  laid  upon 
the  Town  of  Newbury  port  on  the  division  of  the  Tax  of  the  whole  Town  in  the  year 
1764  was  not  taken  from  any  valuation  and  perfect  Lists  of  the  Assessments  laid  on 
the  Inhabitants  of  Newbury  port  for  Lands  within  the  Town  of  Newbury  by  said 
Town,  and  also  on  Newbury  by  Newbury  port  cannot  be  obtained  for  want  of  time 
this  Session.    Therefore 

Resolved  That  the  assessors  of  Newbury  for  the  year  1761  together  with  the  assess- 
ors of  Newbury  port  for  the  present  year  be  directed  to  prepare  such  List  according 
to  the  last  valuation  taken  thro'  the  Province  in  the  year  1701,  and  make  return  of 
such  List  to  this  Court  at  their  next  Session:  and  if  it  appears  by  such  List  that  the 
Tax  now  laid  upon  each  Town  is  unequal  it  shall  then  be  set  right  in  the  next  Tax 
Bill,  and  the  Sum  or  Suras  so  assessed  since  the  Division  of  the  Town  shall  be 
repaid  to  either  Town.  In  Council,  Read  and  Concurred.  Consented  to  by  the 
Governor." — Council  Records,  vol.  XXVI.,  p.  26. 

"  June  18,  1765.  In  the  House  of  Representatives.  Whereas  the  General  Court 
at  their  Session  in  June  1764  ordered  that  the  sum  of  Twenty  five  pounds  seventeen 
shillings  and  one  penny  should  be  added  to  the  Tax  of  the  Town  of  Deerheld  for  the 
year  1765,  being  so  much  paid  out  of  the  Province  Treasury  to  John  Worthingtoa 
and  Joseph  Hawley  Esq''^  and  Major  Benj"  Day,  a  Committee  of  this  Court  to  Settle 
the  Line  between  Deerfleld  and  Hunts  Town  &c  And  "Whereas  the  Tax  Bill  for 
the  current  year  passed  this  House  before  said  Order  was  taken  notice  of.  There- 
fore Ordered  that  the  said  Sum  of  £25:  17:  1  be  added  to  the  Tax  of  Deerfleld  for 
the  vear  1766.  In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor." 
— Z6(><.,p.  38. 

"  June  20, 1765.  A  Petition  of  the  Selectmen  of  Gorham— praying  that  in  consid- 
eration of  their  losses  the  last  year  by  Fires  &c  it  will  be  very  difficult  for  them  to 
pay  their  Province  Tax;  that  they  are  now  about  Settling  a  Minister,  which  will 
bring  a  considerable  charge  upon  ihem.  And  praying  that  their  Province  Tax  for 
1764  may  be  abated  them. 

In  the  House  of  Representatives,  Read  and  Ordered  that  the  Province  Tax  laid 
on  Gorham  for  the  year  1764  be  susjjended.  And  that  the  same  Ije  added  to  their 
Province  Tax  in  the  year  1766;  and  the  Treasurer  is  directed  not  to  issue  his  Execu- 
tion against  said  Town  in  the  mean  time.  In  Council,  Read  and  Concurred.  Con- 
sented to  by  the  Governor." — Ibid.,  p.  47. 

"  July  24,  1765.  Advised  and  Consented  that  a  "Warrant  be  made  out  to  the 
Treasurer  to  pay  unto  the  Select  Men  of  the  Town  of  Sunderland,  or  their  Order,  the 
sum  of  Ten  Pounds  two  shillings  and  six  pence,  granted  by  the  General  Court,  the 
same  to  be  added  to  the  Province  Tax  of  the  District  of  New  Salem  the  next  Year, 
and  this  sum  to  be  in  full  of  any  disputes  between  the  Town  of  Sunderland  and  the 
District  of  New  Salem,  relative  to  the  Representatives  Pay;  said  Grant  was  made 
November  .S""*!  1764,  for  which  no  warrant  was  then  issued." — Executive  Records  of  the 
Council,  1765  to  1774,  p.  23. 

"  June  19,  17(>6.  Advised  and  Consented  that  a  "Warrant  be  made  out  to  the 
Treasurer  to  pay  unto  Ephraim  Sherman,  for  the  use  of  the  Town  of  Grafton,  the  sum 
of  Seven  Pounds  five  shillings.  Allowed  by  the  General  Court  as  an  abatement  of 
the  Fine  laid  on  said  Town  for  not  sending  a  Representative  to  the  General  Court 
the  last  year." — Ibid.,  p.  124. 

"  June  18,  1767.  A  Petition  of  Joseph  Mellen  Agent  for  the  Town  of  Hopkinton 
Praying  that  in  consideration  of  their  poverty,  and  the  Expence  they  have  lately 
been  at  in  supporting  their  jioor,  in  repairing  their  meeting  House,  and  in  building 
a  School  House;  a  Fine  of  nine  pounds  laid  upon  them  the  last  year  for  not  sending 
a  Representative  may  be  remitted  them. 

In  the  House  of  Representatives.  Resolved  That  there  be  allowed  and  paid  out 
of  the  public  Treasury  to  JoseplL Mellen  agent  for  the  Town  of  Hopkinton  the  sura 
of  nine  pounds,  the  said  Town  being  fined  that  Sum  for  not  sending  a  Representa- 
tive to  the  General  Court  the  last  year. 

In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor." — Council 
Records,  vol.  XXVII.,  p.  71. 

"  Jan.  6,  1768,  Advised  and  Consented  that  a  "Warrant  be  made  out  to  the  Treas- 
urer to  pay  unto  the  Select  Men  of  the  Town  of  Glocester  the  sum  of  Fifty  Pounds; 
that  sum  being  abated  said  Town  by  the  General  Court,  iu  their  Taxes  for  the  year 
1766." — Executive  Records  of  the  Council,  1765-1774,7).  270. 

Chap.  8.  The  action  of  the  Legislature  upon  the  petitions  of  John  Franklin,  Isaac 
Winslow  and  others,  and  upon  the  memorial  of  Thomas  Stevens,  for  encouragement 
in  the  manufacture  of  potash,  is  given  in  the  note  to  1754-55,  chap.  26,  ante.  That 
act,  the  operation  of  which  was  limited  to  July  1,  1760,  was  continued,  by  subse- 
quent acts,  beyond  the  time  of  the  adoption  of  the  Constitution,  and,  with  the  act  of 
June  17,  1791  (chap.  9),  which  superseded  it,  is  the  basis  of  the  existing  statutes  upon 
the  subject,  although  it  appears  from  the  following  petition,  that  nearly  a  year  after 
the  passage  of  that  act  there  was  no  incumbent  of  the  office  of  assayer,  and  no  evi- 
dence has  been  discovered  of  tlie  appointment  of  such  officer  during  the  i:)rovincial 
period : — 

"  Dec.  12, 1755.  A  Petition  of  Joseph  Wilder,  Jun.  and  Caleb  Wilder,  of  Lancaster 
in  the  County  of  Worcester,  setting  fortli,  that  they  have  acquired  the  Art  of  making 
Pot-Ash  and  Pcarl-A.-<h,  have  now  l>y  them  a  Quantity  of  the  said  Commodities, 
■which  they  jiropose  to  ship  for  Great  Britain,  but  by  an  Act  of  this  Province  passed 
in  the  twenty-eighth  Year  of  his  present  Majesty's  Reign,  they  cannot  ship  off  the 
same  before  it  shall  be  Assayed  by  an  Officer  to  be  for  that  Purpose  appointed  by  the 
General  Court ;  therefore  praying  that  an  Assay-Master  may  be  appointed  agreable 
to  the  said  Act. 


928  Peovince  Laws.— 1766-67.  [Notes.] 

Read  and  Ordered,  That  Mr.  Gridley,  Mr.  Wilder,  and  Judge  Ttiisadl,  be  a  Commit- 
tee to  take  this  Petition  under  Consideration,  and  rejiort  thereon." — House  Journal, 
p.  228. 

The  Board  of  Trade  had  encouraged  the  production  of  this  new  staple  of  the 
American  colonies,  which,  they  hoped,  would,  ultimately,  render  the  mother 
country  independent  of  foreign  markets,  for  a  material  indispensable  to  certain 
established  industries  in  Great  Britain;  and  the  encouragement  thereof  by  the 
Home  Government  might,  moreover,  be  regarded  as  a  concession  to  the  growing 
spirit  for  manufactures,  in  the  colonies,  though  in  a  line  in  which  British  manufac- 
turers would  incur  no  possible  danger  from  competition.  In  legislating  for  the 
encouragement  of  this  manufacture,  the  principal  difficulties  encountered,  arose 
from  insufficient  knowledge  of  the  art  of  producing  j)otash,  and  from  the  want  of 
certain  and  convenient  tests  of  its  strength  and  purity:  the  latter  being  as  necessary 
to  maintain  its  reputation  in  the  market,  as  the  former  was  to  enable  the  producers 
to  comjiete  with  tlie  prices  of  the  article  imported  from  foreign  countries. 

The  following  extracts  exhibit  some  of  the  more  important  steps  in  tlie  progress  of 
this  manufacture  in  Massachusetts,  as  well  as  of  the  movement  resulting  in  the 
passage  of  this  chapter.  It  was  not,  however,  until  after  the  jiassage  of  the  act  of 
June  17,  1791,  that  potash  and  pearlash,  of  Massachusetts  brands,  began  to  compete 
favorably  with  those  inspected  and  branded  in  New  York,  where  a  more  rigid  sys- 
tem was  adopted  earlier. —See  Dr.  David  Townsend's  pamphlet  on  the  manufacture 
of  pot  and  jiearl  ashes,  Boston,  1793. 

"  To  His  Excellency  William  Shirley  Esq""  Caji'  General  &  Commander  in  cheif  of 
the  Province  of  the  Massachusetts  Bay  &c.  &c.  &c.  and 

To  tlie  Honti'e  His  Majesties  Council  and  House  of  Representatives  in  general 
Court  ass:Mnbled— 

The  Petition  of  those  engag'd  in  the  Manufactory  of  Pot-Ash  humbly  sheweth — 

That  your  Petitioners  having  with  great  labour  and  Expence  erected  Buildings 
and  prepard  Materials  for  making  tryal  of  the  beforemention'd  Manufacture,  the 
practice  of  which  tho'  often  attempted  here  to  little  or  no  purpose,  is  now  or  will  in 
a  short  time  be  made  so  intelligible,  as  to  render  it  at  least  a  very  advantageous 
Branch  of  Trade,  if  not  the  principal  Staple  of  the  Country,  provi<led  some  Encour- 
agement could  bo  afforded  which  may  contribute  to  support  the  extraordinary 
charge  naturally  attending  the  investigation  of  things  of  this  Nature,  and  so  requi- 
site to  bring  them  forward  to  Maturity; 

Would  therefore  humbly  pray  this  Hon'''fi  Court  that  they  would  please  to  grant 
Encouragement  in  such  way  and  manner  as  in  their  Wisdom  they  may  judge  meet, 
both  as  an  alleviation  of  the  extraordinary  Expence  and  trouble  your  Petitioners 
have  been  att,  and  for  the  farther  promoting  so  valuable  a  Branch  of  Trade  as  your 
Petitioners  apprehend  this  Manufactory  is  likely  to  prove  to  this  Country  in  general, 
and  to  this  Province  in  particular. — 

And  your  Petitioners  as  in  Duty  bound  shall  ever  pray  &c        Rich'!  Grtbley 

Jn"  Mascarene 
Boston  14'h  April  1750—  Heniiv  Barnes 

In  Council  April  15  175(3  Read  &  Sent  down— Ocf20'ii  referred  to  y"  next  sessions — 
&  y«  Com't^c  viz'  Otis  Folger  Taylor  Worthington  Hubbell  have  leave  to  sit  again." 
— Mass.  Archires,  vol.  59,  p.  422. 

"  Gentlemen  of  the  Council  &  House  of  Repres^<^3 

This  accompanies  a  Petition  of  Mess''^  Gridley  Mascarine  &  Barnes,  Undertakers 
of  the  Manufacture  of  Potash  within  this  Province  Praying  for  some  Encouragement 
from  this  Governm'  in  that  Business: 

I  think  myself  obliged  to  recommend  this  matter  to  your  Consideration  as  that 
which  the  Parliam'  of  Great  Britain  have  much  at  Heart;  And  which.  If  it  takes 
Footing  here  cannot  fail  of  being  highly  beneficial  to  this  Province  by  Introducing 
a  good  Staple  for  our  Trade  &  Faciliting  the  Clearing  of  our  unimproved  Land  & 
thereby  Promoting  our  Husbandry:  I  think  it  will  be  our  Wisdom  to  encourage 
such  Productions  &  Manufactures  among  oui-selves  as  will  be  so  far  from  giving 
umbrage  to  the  Governm'  at  Home  as  they  will  render  us  more  acceptable  to  them 
especially  if  we  can  also  otherwise  find  our  own  account  therein. 

As  to  the  particular  Way  of  Answering  the  Petitioners  Request  I  leave  to  your 
Discretion;  but  think  the  Affair  of  such  Imjportance  as  to  require  your  deliberate 
attention.  W  Shirley." — Ibid.,  p.  ^3. 

"  Province  of  the       ) 

Massachusetts  Bay  J  To  his  Honour  Spencer  Phips  Esq""  Lieu'  Governour  &  Com- 
mander in  Chief,  The  Hon^e  his  majestys  Council  &  House  of  Representatives  in 
General  Court  assembled  May  1756. 

The  Memorial  of  those  engag'd  in  the  Manufactory  of  Potash — 
Humbly  Shew 

That  your  memorialists  at  the  close  of  the  last  Session  of  the  Great  &  General 
Court  for  this  jirovince  presented  the  Petition  accompanying  this  memorial,  praying 
as  in  said  Petition  appears  but  by  reason  of  the  weighty  affairs  then  lying  before  the 
said  Court  nothing  was  done  on  said  Petition 

Wherefore  Your  memoralists  pray  that  Your  Honours  would  be  pleased  to  take 
the  said  Petition  &  recommendation  of  his  Excy  Gov''  Shirley  on  the  Subject 
matter  of  said  Petition  into  consideration  and  do  that  therein  which  to  Your  Hon- 
ours shall  be  thought  meet,  and  as  in  Duty  bound  they  will  ever  pray  &c. 

Jno  Mascarene  for  self  and  the  others  concern'd." — Ibid.,  p.  424. 
"  Province  of  the       J 

Massachusetts  Bay  |  To  his  Honour  Spencer  Phips  Esqf  L'  Governour  &  Com- 
mander in  chief,  The  Hon^ie  his  majesty's  Council,  &  Hon^ie  House  of  Representa- 
tives in  General  Court  assembled  Ocf  1756. 


[Notes.]  Province  Laws.— 1766-67.  929 

The  Petition  of  Jolin  Mascarene 
Humbly  Shews, 

That  your  Pef  has  lately  gained  the  Art  of  manufacturing  of  Pot-ash,  &  being 
■willing  to  bring  the  same  to  perfection  has  expended  large  sums  of  money  in 
erecting  Buildings  &  setting  up  Works  at  a  place  called  Cold  Spring  in  the  County 
of  Hampshire. — That  your  Petitioner  finding  it  impossible  to  carry  on  the  said 
Works  without  assistance,  communicated  the  said  Art  to  six  Persons,  who  now  aid 
your  Pef  in  the  management  of  said  Business,  &  without  whose  assistance  the  said 
Works  must  stand  still,  &  a  stop  put  to  the  said  manufactury.— and  inasmuch  as  the 
manufacturing  of  jjot-ash  has  from  experience  already  been  found  to  be  a  great  pub- 
lick  Benefit. 

Your  Pef  humbly  prays  that  Your  Honi's  would  be  pleased  to  Grant  a  Protection 
to  the  said  Six  men,  that  so  they  may  be  freed  from  any  Imjiress  which  may  occa- 
sion an  obstruction  to  their  Carrying  on  the  Business  aforesi^— and  your  Pef  as  in 
Duty  bound  will  ever  Pray  &c  Jn°  Masc^akene. 

In  the  House  of  Representatives  Ocf  20.  1750.  Read  and  Ordered  That  the  Prayer 
of  this  Petition  be  so  far  granted,  as  that  the  Pef  have  six  men  freed  from  any  im- 
press while  he  carries  on  the  Pot-Ash  business  at  Cold  Spring  for  the  space  of  six 
years,  he  giving  in  their  names  to  the  Colonel  of  the  Regiment  they  belong  to,  That 
so  they  may  not  be  shifted  unnecessarily. 

Sent  up  for  Concurrence  Attest:  Henry  Gibes    Cler  Dom  Rep 

In  Council  October  23.  175G    Read  and  unanimously  Non  Concur'd 

Tiios  Clarke  Dp'y  Seci-y."—Ibich,p.  425. 

To  His  Excellency  Thomas  Pownall  Esq''  Captain  General  and  Commander  in 
chief  of  His  Majesties  Province  of  the  JNIassachusetts  Bay  in  New-England  &c.  &c. 
&;c.  and 

To  the  Honourable  His  Majesties  Council  and  House  of  Representatives  for  the 
said  Province  in  general  Court  assembled  November  23'1  1757. — 

The  Petition  of  John  Mascarene  of  Boston  Merchant  humbly  sheweth 

That  your  Petitioner,  upon  the  Encouragement  which  M^  Stevens  (a  Gentleman  who 
hitely  came  fi'om  England)  had  receiv'd  from  the  Right  Hon^'c  the  Board  of  Trade 
for  setting  up  the  Manufactory  of  Pot-Ash  in  America,  and  promptfid  by  the  desire 
of  undertaking  a  Business  which  seem'd  to  promise  so  many  advantag(!s  to  this 
Country;  did  at  his  own  Expence  and  charge  about  two  Years  past,  undertake  to 
erect  buildings,  and  prejiare  necessary  Works  and  Materials  for  carrying  on  the  said 
business,  but  that  your  Petitioner  finding  the  IMethod  then  jn-actis'd  insufficient  to 
answer  the  end  propos'd,  has  since  that  time  with  unwearied  diligence  and  applica- 
tion been  making  alterations,  trying  Experiments,  and  using  all  Methods  which  the 
Nature  of  the  thing  seem'd  from  step  to  step  to  require,  in  order  to  bring  the  busi- 
ness to  perfection,  and  render  it  capable  of  being  carried  on  in  a  plain  and  regular 
Maianer,  which  he  has  so  far  effected  as  to  be  able  to  produce  Pot-Ash  equal,  if  not 
superiour  to  what  is  made  in  Russia,  as  is  evident  from  its  obtaining  the  highest 
Markett  in  London,  signified  to  your  Petitioner  in  a  Letter  from  his  Correspondent 
there,  and  that  your  Petitioner  having  nearly  compleated  the  necessary  preparations 
is  now  pi'osecuting  the  said  Business.  And  as  your  Petitioner  doui)ts  not  ho  can 
sufficiently  satisfie  any  impartial  Enquirer  of  the  many  advantages  which  will  arise 
to  the  Country  in  general,  and  to  the  Farmer  in  particular  from  the  prosecution  of 
this  Business,  and  able  also  to  satisfie  any  Committee  which  this  Hon^i^  Court  may 
appoint  of  the  Improvements  made  in  the  said  Pot-Ash  manufacture,  and  of  the 
great  trouble  and  Expence  your  Petitioner  has  been  at  therein,  insomuch  that  unless 
some  assistance  be  granted  to  reimburse  his  former  Expences,  your  Petitioner  finds 
himself  unable  to  carry  on  the  same,  and  thereby  the  said  Manufacture  may  in  a 
great  measure,  if  not  wholly  be  discourag'd. 

Your  Petitioner  therefore  humbly  prays  that  he  may  be  look'd  upon  as  one  who 
has  been  employing  his  stock  and  Talents  in  the  Service  of  his  Country,  and  in  con- 
sideration thereof  may  receive  some  reimbursement  of  the  heavy  burthen  which  he 
has  drawn  upon  himself,  or  be  assisted  in  such  other  way  as  the  Honbie  Court  shall 
in  their  Wisdom  think  most  convenient,  to  enable  him  still  to  prosecute  the  said 
Business,  and  thereby  lay  a  foundation  for  the  increase  of  this  valuable  manufac- 
ture, which  will  prove  One  veiy  advantageous  Spring  of  Wealth  to  this  Province, 
and  such  an  One  as  (has  been  very  justly  observ'd  in  a  late  Speech  from  the  Chair) 
will  not  be  likely  to  fail,  having  its  Source  in  the  Profits  arising  from  our  own  prod- 
uce, Labour,  and  Export. 

Your  Excellency  and  Honour's  favourable  return  to  this  Request,  will  command 
your  Petitioners  assiduous  application  to  the  Business  thereby  encourag'd,  and  will 
farther  oblige  him  as  in  Duty  already  bound  to  pray  &c — 

JoHX  Mascarene." — Ibid.,  p.  439. 
This  petition  was  read  in  the  House,  Dec.  10, 1757,  and  ordered  to  lie  on  tlie  table. 
It  came  up  again  before  the  next  Assembly,  when  it  was  "read  and  ordered  that  the 
consideration  of  this  memorial  be  referreil  to  the  next  sitting." 

The  next  legislative  proceeding  upon  this  suliject  appears  in  the  following  entry: — 

"Oct.  19,  17(U.     In  the  House  of  Representatives:  Ordered  That  M""  Thacher  M"" 

Wilder,  Col^'  Chandler,  Cap'  Taylor  and  Colo  Nichols  with  such  as  the  honorable 

Board  shall  join  be  a  Committee  to  consider  and  report  at  the  next  Session  a 

method  to  regulate  the  INIanufacture  of  Potash. 

In  Council  Read  and  Concurred  and  Sara'  Danforth,  W"i  Brattle  James  Russell 
and  Royall  Tyler  Esq^^  are  joined  in  the  Affair." — Council  Records,  vol.  XXV.,  p.  284. 
"  May  30,  i7()5.  Soon  after  my  arrival  to  this  Government,  I  formed  in  my  mind 
an  Idea  of  three  improvements  which  this  Country  was  capable  of  making  profita- 
ble to  itself  and  convenient  to  Great  Britain;  I  mean  Potash  Hemp  and  the  carry- 
ing Lumber  to  the  British  Markets.    They  are  all  proper  Staples  for  New  England 


930  Peovince  Laws. — 1766-67.  [Notes.] 

and  must  be  very  acceptable  to  Great  Britain  as  sbe  is  at  present  supplied  with 
them  from  Foreigners  by  a  losing  Trade.  I  have  already  had  the  pleasure  to  see 
the  first  of  these  established  with  Effect,  and  waiiting  now  nothing  but  care  to  pre- 
serve its  Credit  &  prevent  the  general  quality  of  the  Goods  which  is  of  a  superior 
kind  being  rendered  doubtful  and  suspicious  by  tlie  fraudulent  practices  of  particu- 
lars. This  is  a  necessary  Caution  at  the  commencement  of  a  new  Trade:  for  upon 
its  first  Reputation  depends  its  future  Success.  There  is  already  a  Law  for  the  reg- 
ulation of  this  Trade;  but  it  wants  to  be  carried  into  execution:  this  I  must  desire 
may  be  done  this  Session  as  it  is  now  become  immediately  wanting. 
•'  *  *  *  *  *  * 

These  are  proper  Objects  of  your  concern,  Works  which  naturally  arise  in  your 
own  Country,  strengthen  your  Connection  with  Great  Britain,  may  easily  be  con- 
fined within  yourselves,  and  will  soon  be  superior  to  those  of  foreign  Rivals. 
When  these  are  added  to  your  other  Resources  they  will  form  a  Fund,  which  with 
the  Blessing  of  God  upon  your  Industry  and  Frugality  will  be  adequate  to  the  ex- 
pence  of  all  necessary  Imports:  and  you  will  have  no  Occasion  as  you  have  hitherto 
shewn  no  disposition,  vainly  to  attempt  to  transfer  Manufactories  from  their  settled 
Abode;  an  undertaking  at  all  times  diflficiilt;  but  under  the  disadvantage  of  high 
priced  labour  impracticable."— £x«raci  from  Governor  Bernard's  speech  to  both 
Mov.tes:  ibid.,  vol.  XXVI.,  p.  5. 

The  Governor's  recommendation  respecting  iiotash  was  immediately  referred  to 
a  joint  committee,  consisting  of  Col.  Partridge,  and  Messrs.  Wilder  and  Bourn,  of 
the  House,  and  Messrs.  Samuel  Danforth  and  John  Chandler,  of  the  Council.  On 
the  24th  of  June,  this  committee  reported  the  following  bill,  which  was  read  and 
recommitted:  — 

"An  Act  in  addition  to  an  Act,  entitled  an  Act  for  appointing  Assayers  of  Pot 
Ash  &  Pearl  Ash, 

Whereas  in  and  by  the  said  Act,  it  is  declared,  '  that,  from  and  after  the  first  day 
*  of  July  1754,  no  Pot  Ash  or  Pearl- Ash  made  within  this  province,  shall  be  shipped 
'  or  exported,  but  such  as  has  been  assayed,  aud  found  to  be  of  sufficient  strength  & 
•purity,  and  to  have  those  qualities  in  such  degree  of  perfection,  as  shall  be  ascer- 
'tain'd  &  fixed  by  this  Court  (or  such  fit  person  as  shall  l)e  appointed  &  author- 
•ized  for  that  purpose)  as  the  standard  of  such  pot  ash  or  pearl  ash,  as  shall  be 
'deemed  merchi'ie  &  fit  for  exportation.'  but  as  the  Quantity  of  pot  ash  &  pearl 
ash,  made  within  this  province,  has  been,  till  of  late,  but  small;  and  this  court  has 
therefore  thought  it  unnecessary  to  fix  the  Rule  or  standard  for  assaying  the  said 
materials  before  this  time,  when  it  is  very  evident,  that  there  are  brought  to  mar- 
ket, and  to  be  shipped  for  Great  Britain  &  other  places  great  Quantities  thereof; — 
In  order  to  carry  the  said  act  into  execution  and 

For  the  more  effectually  preventing  the  mischiefs  which  may  attend  or  be  conse- 
quent upon  shipping  Pot  ash  &  pearl  ash,  on  board  of  any  Ship  or  other  Vessel 
without  being  first  duely  assayed,  and  for  the  better  securing  the  dealers  in  said 
Comodities  against  all  kinds  of  Frauds  &  Impositions  from  ill  minded  persons 

Be  it  enacted  by  the  Governor,  Council  &  House  of  Rep'^es,  that  no  pot  ash,  or 
Pearl  ash  made,  or  that  shall  be  made  within,  or  that  shall  be  imported  into,  this 
province,  shall  be  shipped  or  exported,  but  Such  as  shall  have  been  assayed,  and 
discovered  and  judged  by  the  Assaymaster  to  be  of  sufficient  purity,  and  of  Such 
degree  of  Strength,  as  shall  be  evident,  from  its  weighing  (upon  due  experiment,  of 
thirty  two  Carats  reduced  to  a  lye)  not  less  than  ten  Carats  more  than  common 
Water  or  from  other  more  expeditious  &  equally  certain  experiment  &  proof  of  the 
said  quality  which  shall  be  Satisfactory  to  the  Assaymaster,  aud  which  he  is  to  use 
accordingly  to  his  beft  Skill  &  Judgement  in  the  Nature  &  properties  of  the  said 
material  and  tliat  every  barrel  of  pot  ash  or  pearl  ash,  being  so  Assayed  &  proved 
to  be  good  and  Merchantable,  according  to  the  Rule  or  standard,  established  as 
aforesaid  shall  be  by  the  said  Assaymaster  marked  or  imprinted  by  some  distin- 
guishing Mark  or  Brand  (as  is  by  the  said  Act  provided)  to  denote  the  same  having 
been  assayed  &  approved. 

And  be  it  further  enacted  by  the  Authority  afors'J,  that  all  such  Casks  of  pot  ash 
or  pearl  ash,  that  shall  by  the  Assay  master,  be  found  impure  in  its  quality,  and  not 
of  sufficient  strength,  agreable  to  the  Rule  and  standard  fixed  by  this  Act,  may 
nevertheless  be  oft'ered  and  sold  at  Market,  for  the  value  of  it,  or  what  it  will  pro- 
duce; or  be  shipped  or  exported  by  the  Maker  or  other  person  or  persons,  tinder 
Some  certain  Mark  or  Brand  (to  be  appointed  by  the  Gov  &  Council)  distingaishiug 
ye  same  from  the  Casks  of  pot  ash  or  pearl  ash,  w^ii  shall  be  found  good  &  Mer- 
chantable, 

And  be  it  further  enacted,  that  every  Cask  of  pot  ash  and  pearl  ash  that  shall  be 
offered  for  sale  in  any  port  or  place  of  export  within  this  province,  shall  be  im- 
printed with  the  first  Letter  of  the  Christian  Name  of  the  owner  or  owners,  maker 
or  makers,  and  his  or  their  Sirname  or  names  at  length,  and  also  with  the  Name  at 
length  of  the  town  or  place,  where  the  pot  ash  or  pearl  ash  was  made. 

And  be  it  further  enacted  that  every  Assaymaster  is,  &  shall  be  by  this  Act 
authorized,  in  Case  he  shall  judge  it  necessary,  to  shift  or  Cause  to  be  shifted,  with 
due  care  and  caution  the  whole  or  any  part  of  a  quantity  of  pot  or  pearl  ash,  which 
shall  be  contained  in  one  or  more  Casks,  into  other  suitable  Cask  or  Casks,  in  order 
the  more  effectually  to  discover  &  prevent  all  fraud  &  Imposition:  and  in  case, 
any  ill  minded  person  or  persons  shall  presume  to  mix  or  cause  to  be  mixed  with 
anv  pot  ash  or  pearl  ash  (sold  or  offered  for  Sale  at  market)  any  foreign  matter 
of  "any  sort  or  kind,  &  shall  be  thereof  convict,  shall  forfeit  &  pay  to  the  person 
injured;  a  Sum  not  exceeding  treble  the  amount  of  the  Damage  thereby  sustained, 
at  the  Discretion  of  the  Court  or  Justice  before  whom  the  Cause  shall  be  tried- 
Such  treble  Damages  to  be  estimated  by  two  or  more  meet  Persons  to  be  appointed 


[Notes.]  Peovince  Laws.— 1766-67.  931 

by  such  Court  or  Justice  for  that  purpose:  or  in  such  other  way  &  manner  aS  to 
such  Court  or  Justice  respectively  may  be  Satisfactory.  This  act  to  continue  &  be 
in  force  from  the  Day  of  next,  to  the  Day  of  which 

will  be  in  Year  of  our  Lord  171)8— &  no  longer." — Mass.  Archives,  vol.  59,  p.  504. 

"  June  25,  1765.  In  Council.  The  Committee  to  whom  was  recommitted  the  Bill 
for  appointing  Assayers  of  Pot  ash  and  i^earl  ash,  having  reported  that  as  the  Court 
is  in  expectation  of  rising  to  day,  they  are  not  able  to  offer  a  Bill  for  the  jmrpose  so 
precise  and  exact  as  it  ought  to  be.  Ordered  that  the  said  Committee  prepare  a 
Bill;  and  that  it  be  brought  in  the  next  Session  of  this  Court.  In  the  House  of 
Kepresentatives.    Bead  and  Concurred." — Council  Records,  vol.  XXVI.,  p.  (ilJ. 

No  further  action  appears  to  have  been  taken  upon  this  matter  during  this  or  the 
following  session;  but  early  in  the  third  session  the  subject  was  again  brought  up, 
and  another  committee,  consisting  of  "William  Brattle  and  Eoyall  Tyler,  of  the 
Council,  and  Messrs.  Sheaffe,  Wilder  and  Hall,  of  the  House,  was  appointed,  Jan. 
17,  17GG,  "to  consider  some  proper  measures  for  encouraging  the  manufacture  of 
potash  within  the  i:)rovince  and  for  preventing  fraud  therein,  and  report."  On  the 
lt)th  of  February,  the  further  consideration  of  the  "affair  relative  to  potash"  was 
referred  to  the  next  sitting  of  the  Assembly,  and  the  committee  was  "directed  to 
sit,  in  the  mean  time,  and  make  report  at  the  said  session." 

In  the  next  General  Court  this  committee  was  enlarged  by  the  addition  of 
Thomas  Flucker,  from  the  Council,  and  Messrs.  Hancock,  Partridge,  and  Taylor 
of  Southborough,  in  place  of  Messrs.  Wilder  and  Hall,  of  the  House.  This  was  May 
SO;  and,  on  the  ISth  of  June,  in  answer  to  a  message  from  the  House,  a  bill  was  sent 
down  from  the  Council,  where  it  had  passed  to  be  engrossetl.  The  House,  there- 
upon, on  the  10th  and  20tli,  took  the  testimony  of  Messrs.  Edmund  Quincy  and 
Samuel  Blodget,  respecting  the  manufacture,  "true  standard,"  and  method  of 
assaj'ing,  iiotash  and  pearlash,  and  the  testimony  of  Caleb  Wilder,  of  Lancaster,  on 
the  subject  of  the  true  standard  of  jiotash;  upon  which  last-named  subject,  also, 
Professor  Winthrop  was  ordered  to  confer  with  Mr.  Danforth,  of  the  Council,  who, 
appearing  before  the  House,  upon  a  message  of  invitation,  was  requested  to  inquire 
"  into  the  true  standard  of  potash  and  communicate  the  same."  On  the  23d,  a  com- 
mittee was  appointed  by  the  House,  to  confer  forthwith  with  Mr.  Danforth,  and 
also  with  Maj.  Wilder,  Mr.  Mascarene,  Dr.  Marshall  and  Dr.  Smibert,  upon  the 
same  subject.  After  reference  to  another  joint  committee,  and  after  a  full  debate, 
aud  various  amendments,  the  bill  was  finally  passed  in  its  present  form. 

Chap.  10.  The  act  of  parliament,  known  as  the  Stamp  Act,  which  was  passed 
Jan.  10,  17G5,  did  not  go  into  oi^eration  until  the  first  day  of  November  following. 
Throughout  the  British-American  colonies  the  passage  of  this  act,  as  is  well  known, 
created  intense  excitement,  and  developed  a  general  and  determined  spirit  of  oppo- 
sition. As  soon  as  it  was  knov.-n  that  the  secretary  of  this  province,  Andrew  Oliver, 
had  been  appointed  distributor  of  stamps,  measures  were  concerted,  in  certain 
quarters,  to  prevent  his  exercising  the  functions  of  that  olBce.  Accordingly,  on  the 
14th  of  August,  the  day  on  which  the  Council  ordered  the  Stamp  Act  to  be  printed 
and  distributed,  the  Secretary  was  i^itblicly  hanged  in  eftigy;  and  in  the  evening  a 
brick  building,  which  he  had  erected,  as  was  supposed,  for  the  reception  of  the 
stamps,  was  demolished  by  a  mob,  and  his  house  forcibly  entered,  the  windows 
broken,  and  his  furniture  partly  destroyed. 

Mr.  Oliver  promptly  announced  his  intention  to  decline  the  office  of  stamp-dis- 
tributor, and,  on  the  21st,  informed  the  Council  that  he  had  written  to  the  Commis- 
sioners of  Stamps,  in  London,  that  he  should  not  be  able  to  take  the  stam^is  into  his 
custody,  upon  their  arrival. 

On  the  e\  ening  of  the  itext  day  after  the  Secretary  had  expressed  his  intention  to 
resign,  the  rioters  again  assembled,  and  began  an  attack — which  tliey  soon  aban- 
doned, under  the  belief  that  its  occupant  was  not  at  home — upon  the  dwelling- 
house  of  Thomas  Hutchinson,  lieut. -governor,  and  chief  justice  of  the  Superior 
Court  of  Judicature,  whose  ready  submission  to  each  successive  encroachment  of 
the  imperial  government,  and  whose  zealous  hostility  to  the  leaders  and  principles 
of  the  opposition,  had  caused  or  strengthened  the  impression  that  he  was  the  re- 
sponsible j)romoter  of  all  the  oppressive  measures  against  which  the  jiopular  party 
protested. 

Emboldened  by  their  success  with  the  Secretary,  whose  resignation  they  cele- 
brated, the  next  evening,  by  a  bonfire  and  other  demonstrations  of  gratitude,  and 
still  further  encouraged  by  the  apathy  or  timidity  of  the  local  magistrates  and  town- 
officers,  the  rioters  once  more  assembled,  on  the  evening  of  August  2G,  to  make  a 
demonstration  against  the  incumbents  of  certain  offices  the  objectionable  functions 
of  which  had  been  created  or  enlarged  by  certain  acts  of  parliament;  and  also 
against  the  Lieutenant-Governor.  Accordingly,  starting  from  their  rendezvous 
around  a  bonfire  in  King  Street,  now  State  Street,  where  they  were  supplied  with 
intoxicating  liquors,  and  proceeding,  first,  in  two  bodies,  they  attacked  the  dwelling- 
houses  of  Benjamin  Hallowell,  comptroller  of  the  customs, — who  had  received  his 
appointment  from  the  commissioners  of  customs  in  London,— and  William  Story, 
deputy  registrar  of  the  court  of  Vice  Admiralty,  a  court  the  jurisdiction  of  which, 
without  a  jury,  had  been,  it  was  generally  felt,  unconstitutionally  enlarged.  Con- 
siderable injury  was  done  to  the  dwelling-houses,  outbuildings  and  furniture  of 
those  officers,  and  still  more  damage  to  the  papers  and  records  in  their  custody. 
Uniting  their  forces,  and  inflamed  by  a  free  use  of  liquors  from  the  well-stocked 
cellar  of  the  Comptroller,  they  next  proceeded  to  demolish  the  fine  mansion  of 
Lieut.-Governor  Hutchinson.  The  contents  of  this  house,  which  his  large  income, 
derived,  in  part,  from  the  emoluments  of  several  lucrative  public  offices,  had 
enabled  him  to  furnish  with  exceptional  elegance,  were  scattered  or  destroyed,  and 


932  Pkovince  Laws.— 1766-67.  [Notes.] 

•with  them  perished  many  unique  MSS.,  and  other  vahiable  materials,  then  in  his 
keeping,  illustratlA'e  of  our  colonial  and  provincial  history. 

The  following  extracts  sliow  the  course  pursued  by  the  provincial  authorities  to 
prevent  the  riots,  and  the  progress  of  the  measures  taken  to  obtain,  for  the  sufferers, 
indemnity  from  the  province  treasury:  — 

"Aug.  14,  17G5.  His  Excellency  having  informed  the  Council  that  an  Image  was 
this  day  hung  up,  on  a  Tree  in  a  public  Street  at  the  South  end  of  Boston,  that  a 
great  niimber  of  People  were  assembled  together,  &  that  the  said  Image  was  evi- 
dently intended  to  represent  the  Gentleman  appointed  the  Stamp  Officer  for  this 
Province;  He  therefore  desired  the  Advice  of  the  Council  upon  this  occasion: 

Advised,  that  His  Excellency  give  orders  to  the  Sheriff  of  the  County  of  Suffolk, 
&  to  the  several  Peace  Officers  in  the  Town  of  Boston  that  they  be  vigilant  in  the 
execution  of  the  Laws,  and  preserving  the  Public  Peace  on  this  occasion." — Execu- 
tive Records  of  the  Council,  17G5-1774,  p.  ol. 

"Aug.  15,  176.5.  His  Excellency,  having  ordered  the  Council  to  meet  on  occasion 
of  a  Mol)  in  the  Town  of  Boston  the  last  night,  which  had  been  guilty  of  great  out- 
rages, liad  pulled  down  a  brick  building  newly  erected  by»  the  Secretary  of  the 
Province,  broke  into  his  Dwelling  House  with  violence,  damaged  and  destroyed  his 
furniture,  having  tirst  broke  the  windows,  pulled  down  the  fences  of  his  yard  and 
garden,  and  committed  other  great  enormities;  desired  the  Advice  of  the  Council 
what  were  the  proper  measures  to  be  taken  on  this  occasion: — 

Advised  that  His  Excellency  issue  a  Proclamation  requiring  all  Justices  of 
Peace,  and  all  Officers  Civil  and  Military  to  use  their  utmost  endeavours  for  the 
discovery  apprehending  and  bringing  to  justice,  any  and  each  person  concerned  in 
the  Outrages  aforesaid,  and  promising  a  reward  of  One  Hundred  Pounds  for  the 
discovery  and  apprehending  of  any  &  each  person  so  concerned,  and  over  and 
above  tlie  reward  aforesaid  a  jiardon  to  every  person  concerned,  who  shall  make 
discovery  of  any  of  his  accomplices. 

The  Governor  then  asked  if  they  would  Advise  him  to  appoint  a  Military  Guard: 
the  Council  were  of  Opinion  that  some  other  method  for  preserving  the  Peace 
would  be  more  adviseable. 

The  Governor  asked  what  methods  they  would  propose  for  preserving  the  Peace. 

Advised  that  the  Justices  of  the  Peace  in  the  Town  of  Boston  and  the  Select  Men 

of  the  said  Town  be  notified  forthwith  to  attend  His  Excellency  in  Council,  and 

that  it  1)0  recommended  to  them  to  cause  the  Act  of  this  Province  of  the  11"»  of 

1699-1700,  chap.    King  William  the  Third  intituled  "An  Act  for  keeping  of  Watches  in  Towns  "  to 

10.  be  effectually  carried  into  Execution  upon  the  jiresent  exigency. 

The  Justices  of  Peace  and  Select  Men  aforesaid  attended  according  to  Order,  & 
thereupon  his  Excellency  earnestly  recommended  to  them  a  vigilant  care  and  en- 
deavour in  their  respective  stations,  by  their  council  advice  and  authority,  to  intend 
the  preservation  of  peace  and  good  order  in  the  Town  of  Boston,  and  in  a  pai'ticular 
manner  that  they  would  cause  the  aforementioned  Law  effectually  to  be  put  in 
execution,  so  long  as  there  should  appear  to  be  any  danger  of  a  revival  of  the  like 
disorders." — Ibid.,  p.  32. 

"Aug.  27,  17(J5.  His  Honor  the  Lieutenant  Governor  acquainted  the  Governor  in 
Council  of  the  great  damage  he  had  sustained  the  night  before  by  a  number  of  riotous 
and  tumultous  people  who  had  totally  destroyed  his  house  and  all  he  had  therein. 

Advised  and  Ordered  that  JohuErving,  Thomas  Hubbard,  Thomas  Flucker, 
Royall  Tyler  and  Harrison  Gray  Esq'^  be  a  Committee  to  confer  with  His  Honor 
the  Lieu'  Governor  and  the  other  Gentlemen  of  the  Town  who  have  suffered  by  the 
riotous  proceedings  of  the  last  night  and  of  the  night  of  the  14ti»  Instant  and  to  ap- 
point Carpenters,  niasons  and  other  tradesmen  to  estimate  the  damage  done  to  the 
Buildings  in  particular;  the  said  Committee  to  appraise  the  damage  ujion  the  whole 
which  either  of  the  parties  have  sustained  and  make  Report  as  soon  as  may  be. 

Advised  that  His  Excellency  send  for  Joseph  Jackson  Esqf  Colonel  of  the  Regi- 
ment of  Militia  in  the  Town  of  Boston  and  Leonard  Jarvis  Esq""  Captain  of  the 
Company  of  Cadets  to  let  them  know  that  their  assistance  would  be  wanted  to  ]ire- 
serve  the  peace  of  the  Town;  the  said  Gentlemen  accordingly  attended  and  signified 
their  readinc^ss  to  obey  orders. 

Advised  that  His  Excellency  give  orders  to  Col.  Jackson  to  raise  four  Companies 
of  his  regiment,  to  consist  of  Three  Hundred  men  at  least  to  patrole  the  Town  this 
night,  well  accoutred  and  armed,  in  order  to  preserve  the  Peace  of  the  Town. — That 
His  Excellency  give  orders  to  Col.  Jarvis  to  raise  his  Company  to  watch  also  this 
night,  and  to  incorporate  into  his  said  Company,  for  a  term  not  exceeding  three 
months,  such  gentlemen  as  shall  be  willing  to  put  themselves  under  his  command; 
&  that  His  Excellency  give  orders  to  the  said  Gentlemen  to  furnish  such  Detach- 
ments from  time  to  time  as  he  shall  think  necessary. 

His  Excellency  acquainted  the  Council,  that  M^  Hale,  being  apprehensive  of  an  at- 
tack upon  the  Custom  House,  had  desired  a  Guard  for  the  protection  of  it  this  night. 

Advised  that  His  Excellency  give  orders  to  Col"  Jarvis  to  guard  the  Custom 
House  accordingly."— /ft/t?.,  p.  37. 

"  Aug.  28,  17(Jo.'  His  Excellency  having  represented  to  the  Council  the  extreme 
danger  that  may  be  apprehended  from  the  late  riotous  proceedings  in  the  Town  of 
Boston,  proposed  to  them  the  following  question — Whether  it  is  expedient  to  write 
by  express  or  otherwise,  to  General  Gage  and  Lord  Colville,*  acquainting  them  with 
what  has  happened. 

The  Board,  after  debating  thereon,  came  to  the  following  Resolution,  viz' 

That  it  appears  to  the  Board  that  the  measures  taken  for  preserving  the  Peace  of 
the  Town  the  last  night  have  had  a  good  effect,  that  if  there  should  not  be  a  sufficient 

*  Commanders,  respectively,  of  the  Britisli  land  and  nav.al  forces  in  America. 


[Notes.]  Province  Laws.— 1766-67.  933 

Eower  witliin  the  Town  to  continue  the  peace  of  it,  a  force  from  the  Country  might 
c  called  in  which  would  sufficiently  answer  that  end.    Therefore 
Advised,  that  it  is  not  expedient  to  write  to  General  Gage  or  Lord  Colville,  as  has 
been  proposed  by  His  Excellency." — Ibid.,  p.  39. 

"Aug.  28,  1705.  Advised  that  His  Excellency  issue  a  Proclamation  for  appre- 
hending the  persons  concerned  in  the  riot  in  the  Town  of  Boston  on  the  night  of  the 
26"i  Instant,  promising  a  reward  of  Three  Hundred  Pounds  for  detecting  the  Leader 
of  the  parties,  and  One  Hundred  Pounds  for  detecting  other  persons  concerned  in 
the  said  Riots,  to  be  paid  upon  conviction." — Ibid.,  p.  40. 

A  proclamation,  in  accordance  with  the  above  order,  appeared  in  the  "  Boston 
Gazette  and  Country  Journal,"  of  Sept.  2,  17(J5. 

"  I  must  recommend  to  you  to  do  an  Act  of  Justice,  which  at  the  same  time  will 
reflect  Credit  upon  yourselves.  I  mean  to  order  a  compensation  to  be  made  to  the 
sufferers  by  the  late  disturbances.  Their  losses  are  too  great  for  them  to  sit  down 
with;  one  of  them  amounts  to  a  very  large  Sum.  You  must  be  sensible  that  it  will 
be  expected  that  these  damages  be  made  good;  and  it  will  be  better  for  you  to  do  it 
of  your  own  accord  before  any  requisition  is  made  to  you.  An  Estimate  of  tliese 
damages  is  made  by  a  Committee  of  the  Council  pursuant  to  Order,which  will  be 
laid  before  you. 

Gentlemen  I  am  sensible  of  the  difficulty  of  the  part  you  have  to  Act  it  may  not 
be  sufficient  for  you  to  be  convinced  of  the  necessity  of  a  submission  to  the  Law  for 
the  present,  unless  the  same  Conviction  shall  be  extended  to  the  people  in  general. 
IJE  this  should  be  so  I  can  only  desire  you  to  use  all  means  to  make  yourselves  well 
acquainted  with  the  Exigencies  of  the  jiresent  time;  and  if  you  shall  be  persuaded 
that  a  disobedience  of  the  act  is  productive  of  much  more  evil  than  a  submission  to 
it  can  be;  you  must  endeavour  to  convince  your  Constituents  of  the  truth  of  such 
persuation.  In  sitch  case  I  shall  readily  grant  you  a  recess  for  a  sufficient  time,  and 
I  shall  be  ready  to  concur  with  you  in  all  other  legal  Measures  to  provide  for  the 
safety  of  the  people  in  the  best  manner.  Fka  Bernard." — 

From  the  Gor-enior's  speech,  Sept.  25, 1765  :    Council  Records,  vol.  XXVI.,  p.  75. 

"  Oct.  2, 1765.  The  Sheriff  of  the  County  of  Suffolk  being  admitted  into  Council, 
acquainted  His  Excellency  &  the  Board,  that  divers  Prisoners  had  made  their 
escape,  three  of  whom  had  been  committed  on  account  of  the  late  Riots,  and  prayed 
the  directions  of  His  Excellency  in  the  affair. 

Advised  that  His  Excellency  give  directions  to  the  Sheriff  to  cause  the  matter  to 
be  inquired  into,  and  if  there  appeared  reason  to  suppose  that  they  were  aided  from 
any  Persons  without,  that  he  cause  depositions  to  be  taken  concerning  it,  and  lay  the 
affair  before  the  Board  tovaoxvow."— Executive  Records  of  the  Council,  1705-177-1,  p.  52. 
"  Oct.  3, 1765.  The  Sheriff  of  the  County  of  Suffolk  having  laid  before  His  Excel- 
lency &  the  Board  sundry  depositions  respecting  the  escape  of  the  Prisoners  men- 
tioned in  the  account  he  laid  before  the  Board  yesterday.  His  Excellency  asked  the 
Board  whether  they  would  Advise  him  to  issue  a  Proclamation  on  this  occasion. 

The  Board  were  of  Opinion  that  it  does  not  appear  the  Escape  was  effected  by  any 
armed  force,  but  that  the  Prisoners  were  privately  assisted  by  some  of  their  friends 
without,  and  that  they  accomplished  their  purpose  thro'  the  weakness  of  the  Goal, 
and  that  it  being  the  duty  of  the  Sheriff  in  such  cases  to  issue  his  advertisement  for 
the  recovery  of  such  prisoners,  it  is  not  incumbent  on  the  Government  to  issue  any 
Proclamation  on  this  occasion." — Ibid.,  p.  53. 

"  Oct.  24, 1765.  Your  Excellency  is  pleased  to  recommend  a  Compensation  to  be 
made  to  the  Sufferers  by  the  late  disturbances— We  highly  disapprove  of  the  Acts  of 
Violence  which  have  been  committed  yet  'till  We  are  convinced  that  to  comply  with 
what  your  Excellency  recommends,  will  not  tend  to  encourage  such  Outrages  in 
time  to  come,  and  'till  some  good  reason  can  be  assigned  why  the  losses  those  Gen- 
tlemen have  sustained  should  be  made  good,  rather  than  any  damage  which  other 
persons  on  any  different  occasions  might  hajipen  to  suffer  we  are  persuaded  we  shall 
not  see  our  way  clear  to  order  such  a  compensation  to  be  made.  We  are  greatly  at 
a  loss  to  know  who  has  any  right  to  require  this  of  us,  if  we  should  differ  from  your 
Excellency  in  point  of  its  being  an  Act  of  justice  rather  than  generosity,  unless 
your  Excellency  supposes  a  Crime  committed  by  a  few  Individuals  chargeable  upon 
a  whole  Community." — Message  from  the  House :  Council  Records,  vol.  XXVI.,p.  85. 
"  Oct.  29, 1765.  On  a  motion  made  and  seconded.  Ordered  that  M''  Speaker,  Col" 
Bourn,  M"^  Gushing  M^  Foster  of  Plymouth  and  M""  Dexter  with  such  as  the  HonWo 
Board  shall  join  be  a  Committee  to  supervise  the  Laws  now  in  force  respecting 
Riots  and  tumultuous  assemblies,  and  report  whether  they  jndge  anything  further 
is  necessary  to  be  done  to  strengthen  the  Laws  relating  thereto. 

In  Council,  Read  and  Concurred  and  William  Brattle,  Tho^  Hubbard,  Harrison 
Gray  &  Royall  Tyler  Esq'^  are  joined  in  y«  affair." — Ibid.,  p.  92. 

"  June  3,  1766.  The  Secretary  went  down  to  the  House  of  Representatives  with  a 
verbal  Message  from  liis  Excellency  the  Governor  to  acquaint  them  that  his  Excel- 
lency had  received  his  Majestys  Commands  signified  to  him  in  a  Letter  from  M"" 
Secretary  Conway  a  Copy  whereof  is  now  preparing  to  be  laid  before  the  assembly 
and  to  desire  that  the  House  would  not  proceed  upon  any  public  business  until  he 
has  any  opportunity  to  communicate  the  same  to  them. 

The  Secretary  afterwards  went  down  to  the  House  of  Representatives  with  a 
Message  from  his  Excellency  the  Governor,  directing  their  attendance  in  the  Council 
Chamber. 

M""  Speaker  and  the  House  accordingly  came  up  when  his  Excellency  made  the 
following  Speech  to  the  two  Houses  viz'  ' 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representatives. 
I  have  received  a  Letter  from  the  R'  Hon^ie  M""  Secretary  Conway  inclosing  two 
Acts  of  Parliament;  the  one  for  securing  the  dependency  of  the  Colonies  on  the 


934  Teovince  Laws.— 1766-67.  X^^tes.] 

Mother  Country;  and  the  other  for  the  Repeal  of  the  Stamp  Act.  At  the  same  time 
he  is  pleased  to  signify  what  his  Majesty  and  his  Parliament  expect  from  the 
Colonies  in  return  for  the  Indulgences  sliewn  to  them.  I  am  also  ordered  to  recom- 
mend to  You,  that  full  and  ample  Compensation  be  made  to  the  late  Sufferers  by  the 
Madness  of  the  people  and  for  that  purpose,  I  am  directed  to  lay  before  You  the 
Votes  of  the  House  of  Commons,  expressing  their  sense  upon  that  subject;  whose 
humanity  and  justice  it  is  hoped  it  will  be  your  Glory  to  imitate.  The  whole  of  this 
Letter  is  conceived  in  such  strong,  patriotic  and  conclusive  terms,  that  I  shall  not 
weaken  it  by  a  representation  of  my  own,  other  than  this  short  Capitulation  neces- 
sary to  introduce  what  I  have  to  say  on  the  subject." — Ibid.,  p.  210. 

The  letter  of  Secretary  Conway,  referred  to  by  the  Governor,  bears  date  March  31, 
176G;  and  the  following  is  the  recommendation  to  which  the  attention  of  the  As- 
sembly was  called:  — 

"  Nothing  will  tend  more  effectually  to  every  conciliating  purpose,  and  there  is 
nothing  tlierefore  I  have  in  command  more  earnestly  to  require  of  you,  than  that 
you  should  exert  yourself  in  recommending  it  strongly  to  the  assembly,  that  full 
and  ample  Compensation  be  made  to  those  who,  from  the  madness  of  the  people, 
have  suffered  for  their  deference  to  acts  of  the  British  Legislature;  and  you  will  be 
particularly  attentive,  that  such  persons  be  effectually  secured  from  any  further 
Insult,  and  that  as  far  as  in  you  lies,  you  will  take  Care,  by  your  Example  and  In- 
fluence that  they  may  be  treated  with  that  respect  to  their  persons,  and  that  Justice 
in  regard  to  all  their  pretensions  which  their  merits  and  sufferings  undoubtedly 
claim. 

The  Resolutions  of  the  House  of  Commons,  which,  by  his  Majesty's  Commands,  I 
transmit  to  You,  to  be  laid  before  the  Assembly,  will  shew  You  the  sense  of  that 
House  on  those  points  and  I  am  persuaded  it  will,  as  it  most  certainly  ought  be  the 
Glory  of  that  Assembly  to  adopt  and  imitate  those  sentiments  of  tlie  British  Parlia- 
ment, founded  on  the  clearest  principles  of  Humanity  and  Justice." — Mass.  Archives, 
vol.  56,  p.  473. 

"  Gentlemen  of  the  House  of  Representatives. 

The  Requisition  contained  in  this  Letter  is  of  a  most  singular  nature,  and  the  only 
one  of  the  kind  that  I  have  known  since  I  have  served  his  Majesty  in  America.  It 
is  founded  upon  a  Resolution  of  the  House  of  Commons,  formed  after  a  full  consid- 
eration of  the  matter,  and  represented  to  his  Majesty  b.y  the  Address  of  that  House. 
The  Justice  and  humanity  of  this  Requisition  is  so  forcible  that  it  cannot  be  contro- 
verted; the  Authority  with  which  it  is  introduced  should  preclude  all  disputation 
about  complying  with  it.  I  hope  therefore  You  will  add  to  the  merit  of  your  com- 
pliance by  the  readiness  of  it,  and  assume  to  yourselves  the  honor  which  now  offers 
itself  of  setting  the  first  exam])le  of  Gratitude  and  dutiful  Affection  to  the  King  and 
Parliament  by  giving  those  proofs  of  it  which  are  now  pointed  out  to  You.  I  must 
observe  that  it  is  from  the  Provincial  Assembly  that  the  King  &  Parliament  expect 
this  Compensation  should  be  made  to  the  Sufferers  without  referring  them  to  any 
other  persons  whatsoever.  AVho  ought  finally  to  be  charged  with  this  Espence 
may  be  a  proper  consideration  for  you;  and  I  shall  readily  concur  with  you  in  your 
Resolutions  thereon,  after  the  Sufferers  have  been  fully  satisfied." — Governor'' s  speech, 
nt  supra:  p.  212. 

"  We  thank  your  Excellency  for  your  kind  assurances  of  '  using  all  Means  to  save 
the  Credit  of  this  Province.'  But  We  conceive  that  when  the  true  state  of  the 
Province  is  represented  &  known  its  Credit  can  be  in  no  kind  of  danger.  The 
recommendation  enjoined  by  M"^  Secretary  Conway's  Letter,  and  in  consequence 
thereof  made  to  Us,  we  shall  embrace  the  first  convenient  oiiportunity  to  consider 
and  act  upon.  In  the  mean  time  cannot  but  observe,  that  it  is  conceived  in  much 
higher  &  stronger  terms  in  the  Speech,  than  in  the  Letter.  Whether  in  thus  ex- 
ceeding your  Excellency  speaks  by  your  own  Authority  or  a  higher  is  not  with  us  to 
determine. 

However  if  this  Recommendation,  which  your  Excellency  terms  a  requisition  be 
founded  on  '  so  much  Justice  &  humanity  that  it  cannot  be  controverted  : '  '  If  the 
Authority  with  which  it  is  introduced  should  preclude  all  disjiutation  about  com- 
plying with  it,'  We  should  be  glad  to  know  what  freedom  we  have  in  the  Case." — 
Ilessar/e  from  the  House  to  the  Governor,  June  0,  ITOG:  Ibid.,  p.  232. 

"  June  17,  176G.  The  Secretary  went  down  to  the  House  of  Representatives  with 
a  Message  from  his  Excellency  the  Governor  accompanying  an  Estimate  of  the 
damages  sustained  by  the  Lieu'  Governor  and  Others  in  the  Riots  at  Boston  in 
August  last  referred  to  in  his  Excellency's  Speech  of  25"!  Septem''  last,  acquainting 
the'House  that  the  same  had  lyen  in  the  Secretarys  Office  open  to  the  perusal  of 
the  Court  ever  since  the  return  was  made  in  October  last;  and  is  now  laid  before  the 
Honi^i^  House  as  his  Excellency  has  had  occasion  to  mention  this  matter  again  in  a 
Speech  delivered  this  present  Session." — Ibid.,  p.  258. 

"  June  25, 176G.  M''  Dexter  and  others  from  the  House  of  Representatives  waited 
on  the  Governor  with  the  following  Message  viz* —    May  it  please  your  Excellency. 

The  House  of  Representatives  have  duly  attended  to  that  part  of  your  Excel- 
lencys  Speech  which  had  reference  to  a  full  and  ample  Compensation  to  be  made  to 
the  Sufferers  in  the  late  disturbances.  We  are  sensibly  affected  with  the  loss  they 
have  sustained  and  have  the  greatest  abhorrence  of  the  Madness  &  Barbarity  of 
those  Persons  who  were  the  Instruments  of  their  sufferings;  Nothing  shall  be  omit- 
ted by  us  in  our  department  to  bring  the  perpetrators  of  so  horrid  a  Fact  to  exem- 
plary Justice,  and  if  it  be  in  their  power  to  a  pecuniary  Restitution  of  all  damages. 
But  may  it  please  your  Excellency  as  a  compliance  with  your  Excellency's  recom- 
mendation to  the  Provincial  Assembly  to  make  up  their  losses,  appears  to  this 
House  not  as  an  Act  of  Justice  but  rather  of  Generosity ;  they  are  in  doubt  whether 
they  have  any  authority  to  make  their  Constituents  chargeable  with  it,  without 


[Notes.]  Province  Laws. — 1766-67.  935 

their  express  Consent.  The  House  therefore  beg  leave  to  acquaint  yonr  Excellency 
that  they  have  thought  it  their  duty  to  refer  the  Consideration  of  this  matter  to 
the  next  sitting  of  the  General  Court,  that  the  Members  may  have  the  opportunity 
of  taking  the  minds  and  Instruction  of  their  several  Towns  thereupon." — Ibid., 
i?.  286. 

"  June  25, 1766.  A  Petition  of  Benja  Hallowell  Esq''— Setting  forth  That  on  the 
26''^  of  August  last,  his  House  was  violently  entered  by  a  considerable  number  of 
persons  unknown,  and  among  other  things  then  carried  off  by  them,  was  a  Receipt 
or  Promissory  Note  signed  by  the  Treasurer  of  this  Province,  dated  7"i  August  1764 
for  the  Sum  of  £1350  payable  to  the  Petitioner  in  June  1766,  on  which  is  endorsed 
one  years  interest  and  no  more.  And  praying  that  the  said  Sum  with  the  Interest 
that  may  be  due  thereon  may  be  paid  him  out  of  the  Province  Treasurj^ 

In  the  House  of  Representatives.  Resolved  That  the  Prayer  of  the  Petition  be 
granted;  and  that  the  Treasurer  be  and  he  hereby  is  directed  to  pay  to  the  Peti- 
tioner Benji  Hallowell  jun""  Esq'' the  Sum  of  Thirteen  hundred  and  fifty  pounds  with 
the  Interest  due  thereon  to  this  day  in  full  for  the  note  within  mentioned;  he  first 
giving  sufficient  caution  to  the  Treasurer  of  this  Province  to  save  harmless  the  said 
Province  from  being  obliged  to  pay  the  same  Sum  and  the  Interest  due  thereon  to 
any  person  or  persons  hereafter.  In  Council,  Read  aud  Concurred.  Consented 
to  by  the  Governor." — Ibid.,  j)-  288. 

"  June  27,  1766.  The  Secretary  went  down  to  the  House  of  Representatives  ■with 
the  following  Message  from  his  Excellency  the  Govern^  viz'  Gentlemen  of  the 
House  of  Representatives.  As  your  Reasons  for  not  complying  at  present  with 
■what  has  been  recommended  to  Yoii  by  order  of  the  King  with  the  Advice  of  his 
Parliament,  on  the  behalf  of  the  Sufferers  in  the  late  disturbances  will  probably  be 
canvassed  with  great  precision;  it  will  be  proper  that  the  intendment  of  them 
should  be  as  certain  as  may  be.  I  should  therefore  be  glad  to  know,  whether  I 
must  understand  from  your  Message  of  yesterday,  that  it  is  your  opinion  that  a 
detection  of  the  perpetrators  of  the  late  Mischiefs  is  necessary  to  intitle  the  Suffer- 
ers to  a  compensation  for  their  losses.  It  appears  to  be  the  gracious  intention  of 
the  King  and  Parliament,  that  a  Veil  should  be  cast  over  the  late  disturbances  pro- 
vided it  be  covered  by  a  general  and  uniform  dutiful  behaviour  for  the  future.  But 
it  is  certainly  no  less  their  firm  and  resolute  purpose  that  the  Sufferers  by  these  dis- 
turbances shall  have  a  full  and  ample  indemnification  made  to  them:  and  this  busi- 
ness has  been  committed  to  You  upon  principles  of  humanity  and  justice,  rather 
than  of  mere  generosity. 

If  you  think  that  an  inquiry  into  the  promotion  and  iierpetration  of  the  late 
disorders  is  a  necessary  Prelimenary  to  determine  from  whence  the  charge  of  the 
compensation  shall  finally  come,  and  shall  pronounce  for  the  expediency  of  such  an 
enquiry,  you  will  certainly  be  assisted  by  the  Governor  and  Council  in  the  prosecu- 
tion of  it.  And  I  dare  say  it  will  be  no  difficult  work  to  trace  this  matter  to  the 
bottom. 

But  in  the  mean  time  I  fear  the  King  and  Parliament  will  think  their  intimations 
disregarded  by  your  proposing  an  enquiry  now,  after  it  has  been  neglected  for  nine 
Months  past;  during  all  which  time  the  House  have  had  this  very  business  of  in- 
demnification under  their  consideration.  They  expect  from  You  that  the  sufferers 
shall  be  indemnified  at  all  Events,  whether  the  offenders  are  discovered  or  not,  or 
whether  they  are  able  to  pay  the  damages  or  not;  and  seem  to  be  more  intent  upon 
indemnification  than  upon  Punishment. 

I  therefore  wish  for  the  sake  of  the  Province  whose  Interests,  and  especially 
those  of  its  Trade  are  now  in  a  very  nice  balance,  &  for  the  sake  of  this  Town 
whose  respectable  Inhabitants  have  already  suffered  much  in  the  Opinion  of  the 
"World,  for  having  been  tame  Spectators  of  the  violences  committed  in  it,  that  you 
would  remove  this  disgrace  without  the  least  delay,  by  ordering  the  Indemnifica- 
tion immediately  to  be  made  upon  the  Credit  of  those  whom  You  shall  hereafter 
judge  to  be  chargeable  with  it.  When  this  is  done,  there  can  be  no  Objection  to 
your  postponing  the  consideration,  on  whom  this  money  ought  ultimately  to  be  laid, 
to  what  time  You  please:  and  there  is  no  doubt  but  that  any  enquiry  which  You 
shall  think  fit  to  make  for  this  purpose  will  be  as  efficacious  as  you  can  desire. 

Fra.  Bernard." — Ibid.,  p.  295.  - 

"  June  28, 1766.  M'  Hancock  and  Others,  a  Committee  of  the  House  of  Repre- 
sentatives waited  on  his  Excellency  the  Governor  with  the  following  Message  viz' — 
May  it  please  your  Excellency. 

This  House  have  duly  attended  to  your  Excellencys  Message  of  the  27'''  Instant — 
We  are  fully  sensible  of  the  Goodness  of  the  King  and  Parliament,  and  agree  with 
your  Excellency  that  it  appears  to  be  their  gracious  Intention  that  a  "Veil  should  be 
dra'wn  over  the  late  disturbances.  And  we  hope  our  behaviour  will  always  be  such, 
as  to  merit  their  ajiprobation. 

Sir,  The  House  are  ever  attentive  to  the  application  of  persons  of  every  Rank,  . 
whose  Case  justly  claims  their  Consideration:  But  as  the  Sufferers,  whom  we 
apprehend  your  Excellency  refers  to,  have  never  applied  to  this  House,  ss  we  con- 
ceive, in  a  Parliamentary  way  for  Relief;  We  are  humbly  of  opinion,  that  we  have 
done  all  at  present,  that  our  most  gracious  Sovereign  and  his  Parliament  can  rea- 
sonably expect  from  Us.  But  to  shew  our  regard  to  everything  recommended  by 
the  King  and  Parliament,  we  have  appointed  a  Committee  to  sit  in  the  Recess 
of  the  Court,  to  make  a  thorough  inquiry  into  the  Riots  committed  in  the  month  of 
August  last,  and  discover  the  persons  concerned  therein  as  far  as  may  be.  For  the 
effectuating  which  business,  we  doubt  not,  but  we  shall  be  aided  by  your  Excel- 
lency and  his  Majesty's  Council. 

And  further,  We  would  acquaint  your  Excellency,  that  the  House  have  passed  a 
Resolve  to  take  the  Report  of  this  Committee  under  consideration  at  the  beginning 


936  Province  Laws.— 1766-67,  [Notes.] 

of  the  next  Sessions  of  this  Court,  and  act  thereon  what  shall  appear  to  them  to  be 
just  and  reasonable. 

Your  Excellency  is  pleased  to  enforce  the  immediate  Compliance  of  the  House 
with  this  requisition  by  an  argument  drawn  from  a  regard  to  the  Town  of  Boston, 
the  reputation  of  whose  Inhabitants  your  Excellency  says  has  already  suffered 
much  for  having  been  tame  spectators  of  the  Violences  committed,  and  that  this 
disgrace  would  be  removed  thereby.  We  see  no  reason  why  the  reputation  of  that 
Town  should  suffer  in  the  opinion  of  any  one  from  all  the  evidence  that  has  fallen 
under  the  Observation  of  the  House;  nor  does  it  appear  to  us  how  a  compliance 
would  remove  such  disgrace,  if  tliat  Town  had  been  so  unhappy  as  to  have  fallen 
under  it." — I  hid.,  301. 

"  June  28,  17(36.  Upon  a  Motion  made  and  seconded,  Ordered,  That  Capt.  Thayer, 
Col.  Broiun,  Major  Johnson,  Capt.  Taylor  of  SouthboroKf/h,  and  Capt.  Fuller,  be  a 
Committee  to  sit  in  the  Recess  of  the  Court,  to  make  a  thorough  Enquiry  into  the 
Riots  committed  in  the  Month  of  Auf/ust  last,  and  discover  the  Persons  concerned 
therein  as  far  as  may  be,  with  full  Power  to  send  for  Persons  and  Papers;  tlie  said 
Committee  to  ascertain  as  far  as  they  shall  be  able,  the  Losses  of  tlie  Sufferers: 
And  that  the  Matter  of  their  Enquiry  be  kept  a  Secret  till  they  shall  make  Report 
to  this  House. 

Resolved,  That  this  House  will  at  the  beginning  of  the  next  Session  of  the  Gen- 
eral Court  take  the  Rei:)ort  of  the  Committee  appointed  to  inquire  into  the  Dis- 
turbances in  the  Town  of  Boston,  and  to  ascertain  the  Losses  sustained  thereby, 
and  will  act  thereon  as  shall  appear  to  be  just  and  reasonable." — House  Journals, 
p.  142. 

"  London  August  G"i  17G6. 

Sir  Since  my  last  I  Reed  a  few  Lines  from  Lord  Dartmouth  in  which  he  says 

*I  am  Sorry  to  hear  that  the  Assembly  of  Boston  has  refused  to  make  the  In- 
demnification, recommended  by  Parliament.'  New  York  has  Complied— had  you 
been  here  to  be  fully  apprised  of  the  long  Debate  in  the  House  your  Friends  Sup- 
ported to  obtain  the  word  Recommend  as  a  Term  intirely  Consistent  w">  your  Lib- 
erty, it  must  have  left  a  gratefull  Impression  on  your  mind,  which  your  Adress 
Presented  to  his  Majesty  by  the  Duke  of  Richmond— is  so  fall  of,  both  to  King,  and 
Parliament,  that  I  can  hardly  believe  you  should  come  to  such  a  Resolution.  If 
the  Report  be  a  Slander  on  the  Province  I  shall  he  glad  if  you  will  put  it  in  my 
Power  to  refute  it,  as  I  am  ambitious  your  assemlily  wlio  I  liave  the  Honour  to  be 
employed  by,  should  Stand  high  in  the  Esteem  of  tlie  King,  Ministry,  and  Parlia- 
ment, as  Avell  as  in  the  Esteem  of  all  the  real  Friends  of  america,  which  such  a 
Refusal  will  abate.  .  Sir    Y^our  Faithfull  and  obed'  Srt 

Dennys  DeBerdt." — 3fass. 
Archives,  vol.  56,  p.  4S7. 

"  He  [Earl  of  Shelburne]  desired  you  would  finish  the  affairs  of  the  damages 
sustained,  because  it  gave  occasion  to  your  &  tiie  enemys  of  the  administration  to 
upbraid  them  for  the  gentle  measures  they  adopted  on  the  other  hand  he  had  also 
wrote  to  every  GoA^enour  on  the  Continent  to  behave  with  moderation  &  Temper 
to  the  several  Provinces  over  which  they  prccide,  &  he  had  wrote  to  your  Goven- 
our  in  particular  to  jiersue  healing  measures,  &  was  so  condesending  to  offer  shew- 
ing me  a  Copy  of  his  letter,  the  next  time  I  waiteil  on  him  &  added  that  whatever 
new  Govenoiirs  were  made  for  the  future,  he  would  take  care  to  send  such  men  as 
should  Act  upon  the  most  generous  principals  &  thereby  secure  the  affection  of  the 
People." — Extract  from  letter  of  A(/ent  DcBcrdt,  Sept.  19,  1766:  ibid.,  p.  515. 

"  Gentlemen  of  the  Council  and  Gentlemen  of  the  House  of  Representatives. 

I  have  thought  proper  to  call  you  together,  that  Y''ou  may  have  an  opportunity  to 
give  a  positive  Answer  to  what  I  recommended  to  You,  by  order  of  his  Majesty, 
last  Session;  as  it  will  be  expected  of  me  that  it  be  reported  to  his  Majesty  before 
the  opening  of  the  business  of  the  next  Year:  And  I  heartily  wish  that  it  may  be 
such  as  will  answer  the  Expectations  and  Desires  of  your  Friends  in  Great  Britain 
For  ray  own  part,  I  shall  upon  this  occasion,  as  upon  all  othei's  naake  the  best  use  of 
the  means  You  shall  put  in  my  hands  to  promote  the  Honour  and  Reputation  of  the 
Province. 

As  You  are  called  together  for  this  business  only,  when  it  is  finished,  I  shall  have 
no  Objection  to  your  returning  home  until  the  visual  time  of  opening  the  Winter 
Session. 

Fkas  Bernard."— 5i5eec/j,  of  Oct.  29,  176G: 
Council  Records,  vol.  XXVI.,  p.  304. 

"  Oct.  30, 1766.  The  Committee  appointed  the  last  Session  of  this  Court  to  make 
Enquiry  into  the  Riots  committed  in  the  INIonth  of  August  1765  Reported,  That  on 
the  9th  of  July  they  met  and  waited  on  his  Excellency  to  receive  that  Assistance 
which  he  was  pleas'd  to  propose  to  this  House,  in  a  Message  communicated  to  them 
at  their  last  Session;  to  which  his  Excellency  replied.  That  the  proposal  in  the 
Message  referred  to,  was  made  on  the  presumption  that  the  Council  would  concur 
with  liiin;  That  he  was  ready  to  afford  your  Committee  what  Light  he  could,  if  the 
Council  would  then  comply,  and  that  he  would  Summon  them  for  that  Purpose; 
that  on  27th  of  August  j-our  Committee,  being  met,  received  a  Message  from  his 
Excellency  by  the  Deputy  Secretary  acquainting  them,  that  the  Governor  and 
Council  were  ready  to  receive  the  proposals  of  your  Committee:  To  which  your 
Committee  replied.  That  they  were  not  full,  their  Chairman  being  absent.  Tliat  the 
above  Message  was  soon  repeated:  To  whi(>,h  your  Committee  replied,  That  they 
had  nothing  to  propose  to  his  Excellency  and  their  Honors  but  were  ready  to  receive 
from  them  any  Information  respecting  the  late  Riots  which  they  should  be  pleased 
to  communicate.  That  the  Governor  and  Council  then  adjourned  without  Day. 
That  your  Committee  then  sent  for  the  Worshipful  Richard  Dana,  John  Hill,  and 


[Notes.]  Peovince  Laws.— 1766-67.  937 

Belcher  Noyes,  Esq'rs;  from  whom  they  received  the  Examinations  of  sundry 
Persons  appreliended  by  them,  on  Account  of  the  Riots  committed  in  the  Town  of 
Boston,  on  the  Evening  of  tlie  2(5tli  of  August,  Copys  whereof  accompany  this 
Report.  That  your  Committee  were  informed  l:)y  tlie  Justices  abovenamcd,  Tliat 
tfie  Governor  and  Council  directed  them  to  make  no  Enquiry  of  what  passed  on 
the  14th  of  August.  That  your  Committee  then  sent  for  and  examined  sundry 
reputable  Persons,  Inhabitants  of  the  Town  of  Boston,  Neighbours  of  his  Honor  the 
Lieut  Governor,  who  declared,  That  they  were  in  his  House  in  the  Evening  of  the 
26th  of  August,  endeavouring  to  suppress  the  Riot,  and  prevent  any  Mischief;  but 
that  they  knew  none  of  the  Rioters,  many  of  whom  from  their  Habits  appeared  to  be 
disguised,  who  were  the  most  active  in  the  Disorders. 

Your  Committee  beg  leave  further  to  Report,  That  they  have  inquired  into  the 
Losses  sustained  by  the  Sufferers,  accounts  whereof  accompany  this  Rei^ort." — 
House  Journal,  p.  15o. 

"Oct.  30,  176li.  A  Petition  of  his  Honor  Thomas  Hutchinson,  Esq;  setting  forth 
the  great  Damage  he  sustained  by  the  violent  and  outrageous  Proceeilings  of  a  great 
Number  of  Persons  unknown  on  the  Evening  of  the  2l)th  of  August,  ITtio,  who  with 
all  the  Rage  and  Fury  imaginable,  suddenly  with  Axes  and  Clubs,  and  other  Instru- 
ruents,  burst  or  broke  open  the  Windows  of  his  Dwelling-House,  dispersed  thro' 
every  part  of  the  House,  distroyed  the  Furniture,  carried  away  the  Wearing 
Apparel,  Books,  Papers,  Money  and  Effects  of  every  sort  belonging  to  him  and  his 
Family,  (a  small  Part  of  the  Kitchen  Furniture  only  excepted)  and  continued  from 
between  Eight  and  Nine  o'Clock  in  the  Evening,  until  after  Four  o'Clock  the  next 
Morning,  ruining  the  House,  Outhouses,  Fences,  Gardens,  &c.  and  threatniug  De- 
struction to  all  those  who  should  oppose  or  interrupt  them.  The  Petitioner  prays 
this  Covirt  that  a  Compensation  may  be  made  him  for  his  great  Losses  and  sufferings 
aforesaid. 

And  he  further  represents  that  exclusive  of  that  Pain  and  Distress  of  Mind  which 
he  is  unable  to  describe,  arising  from  this  most  injurious  and  barbarous  Treatment, 
he  has  been  deprived  above  14  Months  of  the  Use  of  this  great  Part  of  his  Substance 
and  he  and  his  Family  have  been  subjected  to  many  Inconveniencics,  DifiSculties, 
and  extraordinai-y  Charges;  he  therefore  hopes  and  prays  for  a  favorable  Considera- 
tion of  his  Case,  iu  all  its  Circumstances. 

A  Petition  of  Benjamin  Hallowell,  jun.  Esq;  shewing  That  on  the  26th  of  August 
17G5,  a  great  Number  of  Persons  unknown  to  him,  and  by  him  unprovoked,  in  a 
tumultous  Manner  assembled,  did  with  Force  and  Violence,  beset  the  Dwelling 
House  of  the  Petitioner,  enter'd  and  injur'd  the  same,  to  a  great  Degree,  broke  and 
destroyed  great  Part  of  his  Furniture,  and  carried  off  his  Linen,  Money  and  Papers; 
tore  his  Fences  down  and  wasted  his  Liquors.  The  Petitioner  prays  that  a  Com- 
pensation may  be  made  to  him,  in  sucli  Way  and  Manner  as  this  Court  shall  think 
fit. 

A  Petition  of  William  Story,  Esq;  shewing  That  in  the  Year  1765,  and  for  a 
number  of  Years  before,  he  was  Dejiuty  Register  of  the  Court  of  Vice  Admiralty  for 
this  Province:  That  by  the  late  Stamp  Act  the  Trial  of  many  or  most  of  the 
Breaches  of  said  Act  were  committed  to  the  same  Court  of  Admiralty,  which  as 
well  as  the  Act  itself,  diffused  a  general  Uneasiness  in  Persons  of  almost  every 
Bank,  they  being  thereby  deprived  of  the  invaluable  Privilcdgc  of  Trial  by  Juries: 
And  some  ill-minded  Persons  intending  to  destroy  the  Substance  of  their  Fellow 
Subjects,  took  Occasion  from  the  general  Uneasiness,  on  the  2Cth  of  August  1765,  in 
the  Night,  armed  with  Clubs,  Staves  and  other  Weapons  of  Violence,  with  Force  & 
Arms  to  attack  and  break  open  the  Dwelling  House  of  the  Petitioner,  desti-oying 
almost  every  Glass  Window  in  the  front  Part  of  his  House,  and  the  Windows  and 
Doors  of  his  Office,  tho'  the  same  were  well  lock'd  or  bolted;  making  a  thorowfare 
from  the  Street  thro'  his  Olifice,  into  the  other  Part  of  his  Dwelling;  destroying  and 
damaging  a  great  Part  of  his  Household  Furniture,  and  carrying  out  of  his  Office  all 
the  Files  and  Records  of  the  said  Court  of  Admiralty;  all  his  private  Papers,  Books 
and  every  Thing  that  was  in  his  Office,  most  of  which  were  consumed  to  Ashes  or 
otherwise  destroyed  and  lost.  That  he  is  well  satisfied  the  generality  of  the  Inhab- 
itants of  Boston  \vere  not  privy  to  the  Disorders  of  that  Night,  and  would  have  pre- 
vented the  same  had  they  expected  any  such  thing. 

The  Petitioner  humbly  submits  this  ISIatter  to  the  Wisdom  of  this  Court,  and 
prays  that  they  would  be  pleased  to  make  him  a  Grant  of  such  a  Sum  of  Money  for 
repairing  his  Losses  aforesaid,  as  in  their  great  Goodness  they  shall  tliink  fit. 

On  a  Motion  made  and  seconded.  Ordered,  That  the  further  Consideration  of  the 
Petition  of  his  Honor  Thomas  Hutchinson,  Esq;  the  Petition  of  Benjamin  Hallowell, 
iun.  Esq;  and  the  Petition  of  William  Story,  Esq;  be  referred  till  To-Morrow 
Morning  Ten  o'Clock." — Ibid.,  p.  155. 

"  The  following  Articles,  taken  among  the  rest  from  the  Lieutenant  Governor's 
House,  the  2Gth  Instant  if  offered  to  Sale,  in  this  or  any  other  Government,  it  is 
desired  they  may  be  stopped,  or  if  seen  in  any  Persons  Possession,  that  Notice  may 
be  given  to  either  of  the  Lieutenant-Governor's  Sons,  at  their  Warehouses  on  the 
Dock. 

A  Silver  Hilt  of  a  Sword  which  had  been  wash'd  with  Gold,  the  Blade  is  found; 
two  mourning  Swords;  a  chased  Gold  Head  of  a  Cane,  with  the  Lieut.  Governor's 
Crest:  a  Lady's  chased  Gold  Watch,  Hook  &  Chain;  a  new  fashion'd  Gold  Chain 
and  Hook  for  a  Lady's  Watch;  a  Set  of  large  Silver  Plate  Buttons  for  Coat  and 
Breeches;  2  Sets  ditto  covered  with  Silver  Wire,  and  very  uncommon;  several 
Funeral  Rings,  particularly  one  the  late  Tho.  Lechmere  Esq;  another  the  late  Tho. 
Hancock  Esq;  Several  ancient  Coins;  a  Pair  of  Ruby  Earings  set  in  Gold,  and 
Necklace;  Garnet  Earings  and  Necklaces  in  Gold;  Paist  Earings  and  Necklaces; 
Stone  Girdle  Buckles;  2  Pair  Stone  Shoe  Buckles;  2  Pair  Stone  Sleeve  Buttons  set 


938  Peovtnce  Laws.— 1766-67.  [Notes.] 

In  Gold:  rich  embroidered  christening  Blankets,  Sleeves,  Cradle  Quilt  and  Curtain; 
and  a  Set  of  Child-bed  Linen;  Gause  Handkerchief  &  Sattin  Apron,  both  flowered 
with  Gold;  Silk  SLoes;  brocaded  Silk,  Padusy,  Damask  Lutstring  Gowns  &  Pet- 
ticoats; laced  Petticoats ;  Head-Cloalhs  &  other  Linen;  Bundles  of  old  Gold  and 
Silver  Lace;  Bundles  of  Bone  Lace;  Silver  Spoons;  Silver  Handle  Knives  and 
Forks;  Sweetmeat  Knives,  Forks  &  Spoons  gilt,  and  other  Articles  of  Plate;  a  large 
Octavo  Bible  richly  Bound,  and  in  an  outside  Turkey  Leather  Case,  a  Direction  in 
one  of  the  defensive  Leaves  signed  by  Thomas  Coram  Esq ; 

And  Whereas  a  Manuscript  History  of  the  Massachusetts  Province,  from  the  Year 
1692  to  the  Year  1730,  was  among  the  Spoil,  and  Part  thereof  has  been  found;  if  any 
of  the  remaining  Sheets  should  be  discovered,  it  is  desired  they  may  be  sent,  as  also 
any  other  of  the  Lieutenant  Governor's  Papers  or  Books,  to  the  Beverend  Mr.  Eliot. 

August  31.  1765." — Massadmsetts  Gazette,  Hept.  5,  1765. 

"  Nov.  2, 176G.  A  Bill  intitled,  An  Act  for  granting  Compensation  to  the  Suffer- 
ers, and  of  free  and  general  Pardon,  Indemnity  and  Oblivion  to  the  Offenders  in  the 
late  Times,  was  considered  and  Debated  according  to  Order:  And  it  was  moved  that 
a  Clause  be  inserted  therein  to  oblige  every  Town  for  the  future,  where  any  Biots 
shall  happen  and  Damage  ensue,  to  make  Compensation  for  the  same:  And  the 
Question  being  put,  it  pass'd  in  the  Negative,  27  Yeas,  45  Nays. 

Ordered,  That  the  Printers  be  directed  to  publish  a  sufificient  number  of  Copies  of 
this  Bill;  and  also  Mr.  Agent  De  Berdt's  two  Letters  of  (!th  of  August,  and  19th  of 
September,  and  deliver  the  same  to  the  Members  for  the  Consideration  of  their  sev- 
eral Towns." — House  Joxirnal,  p.  182. 

"  Nov.  12,  1706.  M""  Otis  from  the  House  of  Eepresentatives  came  np  to  the  Board 
with  a  Message  to  acquaint  them  that  the  House  had  preparred  a  Bill  for  making 
compensation  to  the  Sufferers  and  indemnifying  the  Offenders  in  the  late  times  of 
confusion  said  Bill  to  be  struck  of  by  the  Printers  and  a  Copy  to  be  delivered  to  each 
of  their  Members  to  be  carried  to  their  several  Towns  in  order  to  consult  their  Con- 
stituents on  the  same.  And  further  to  acquaint  the  Board  that  as  the  House  could 
not  with  Propriety  send  up  this  draft  for  concurrence,  they  had  directed  the  Printers 
to  present  a  Copy  of  the  said  Bill  to  his  Excellency  the  Governor,  and  one  to  each. 
Member  of  the  Board. 

M''  Otis  from  the  House  came  up  to  the  Board  with  a  Message  to  acquaint  them 
that  the  House  had  passed  on  all  matters  before  them  and  to  desire  that  the  Board 
would  do  the  same  that  the  Court  may  have  a  recess  as  soon  as  his  Excellency 
pleases." — Council  Records,  vol.  XXVI., p.  325. 

"  May  it  Please  your  Excellency 

Your  Speech  to  Iboth  Houses  at  the  opening  of  the  present  Session  has  been  repeat- 
edly under  the  most  deliberate  consideration  of  the  House  of  Bejn-esentatives.— 
It  was  indeed  Sir,  with  great  reluctance,  that  the  House  found  themselves  under  the 
necessity  of  having  recourse  to  your  former  Speech  and  Message  upon  this  Occa- 
sion; but  as  you  are  pleased  to  refer  us  to  them  without  saying  any  thing  to  qualify 
them;  the  House  cannot  help  observing,  that  the  manner  in  which  your  Excellency 
has  i-epeatedly  proposed  a  Compensation  to  the  Sufferers,  has  been  derogatory  to 
the  Honour  of  the  House  and  in  breach  of  the  priviledges  thereof:  That  the  terms 
you  have  made  use  of,  have  been  essentially  different  from  those  dictated  to  you  by 
Ills  Majestys  express  command,  signifyed  in  a  Letter  from  his  Secretary  of  State: 
That  they  tended  to  weaken  the  inherent,  uncontroulable  Right  of  the  People,  to 
dispose  of  their  own  money  to  such  purposes  as  they  shall  judge  expedient  and  no 
other:  and  that  under  these  apprehensions,  it  is  not  improbable,  some  of  the  Towns 
may  have  framed  their  Instructions  to  their  Representatives  against  a  Compensa- 
tion out  of  the  Public  Treasury. 

The  House  however  with  the  most  dutiful  and  profound  respect,  have  attended  to 
his  Majesty's  most  gracious  and  mild  recommendation;  and  observe  that  it  is  his 
pious  and  benevolent  Intention,  that  not  only  a  Compensation  should  be  made  to 
the  Sufferers  in  the  late  times;  but  also  that  a  veil  be  drawn  over  every  disgraceful 
Scene,  and  to  forgive  and  even  to  forget  the  nndutiful  behaviour  of  any  of  his  Sub- 
jects in  those  unhappy  times —  Confirmed  in  the  opinion,  that  an  indemnifycation 
of  the  Offenders  is  of  equal  importance  and  necessity  with  the  making  compensation 
to  the  Sufferers,  and  being  ever  ready  with  the  utmost  chearfullness,  to  unite  their 
endeavours  in  promoting  the  wise  and  gracious  purposes  of  their  rightful  Sovereign; 
in  conformity  to  the  Spirit  of  M''  Secretary  Conway's  Letter,  the  House  have  framed 
a  Bill  intituled  '  An  Act  for  granting  Compensation  to  to  the  Sufferers,  and  of  free 
and  general  Pardon,  indemnity  and  Oblivion  to  the  offenders  in  the  late  times.' 

This  Bill  they  have  ordered  to  be  published  for  the  consideration  of  the  several 
Towns,  and  humbly  pray  that  your  Excellency  would  please  to  give  them  a  Recess 
for  that  purpose." — Message, from  the  House,  Xov.  12,  1766:  ibid.,}).  328. 

"Nov.  13,  1766.  His  Excellency  then  made  the  following  Speech  to  the  House  of 
Representatives  viz'    Gentlemen  of  the  House  of  Representatives. 

In  the  Letter  of  the  Earl  of  Shelburne  which  I  laid  before  you,  you  have  a  sec- 
ond Testimony  from  another  of  his  Majesty's  Secretaries  of  State,  of  the  tenderness 
and  affection  towards  the  People  under  my  Government  with  which  I  have  con- 
ducted myself  during  the  late  disputes,  and  therefore  I  shall  make  no  other  Answer 
to  the  ungenerous  Insinuations  in  your  Message  of  j'esterday,  than  by  referring  to 
your  own  Journals,  from  whence  it  will  evidently  appear  that  it  is  from  among 
yourselves  and  not  from  me,  that  the  difficulties  which  have  prevented  your  mak- 
ing Compensation  to  the  Sufferers  have  arose. 

I  am  very  sorry  that  you  have  not  already  complied  with  what  has  been  recom- 
mended to  you:  but  it  is  some  satisfaction  to  me,  that  you  have  laid  a  foundation 
for  compleating  this  business,  which  I  hope  will  not  fail  of  Success.  The  impor- 
tance of  the  Affair  and  the  hasty  Approach  of  the  New  Year,  will  not  allow  tha 


[Notes.]  Pkovince  Laws.— 1766-67.  939 

Loss  of  a  clay  which  can  be  saved;  and  therefore  I  shall  make  the  Recess  which  you 
desire  as  short  as  possible:  And  that  you  may  do  the  business  with  as  much  credit 
to  yourselves  as  may  be,  I  shall  continue  the  Session  until  you  can  come  to  a  final 
determination.  Fea  13eknai!d." — Ibid.,  p.  331. 

"  My  Lord,  By  my  letter  dated  July  19'ii  I  informed  Your  Lordship  that  if  there 
should  be  any  opening  for  me  to  expect  that  the  House  would  act  in  the  business  of 
the  Compensation  in  a  different  manner  from  what  they  had  done  I  should  not  fail 
to  avail  myself  of  it.  I  am  therefore  now  to  inform  your  Lordship  of  the  second 
Trial  I  have  made  to  get  this  business  done,  with  the  event  of  it.  And  in  order  to 
explain  these  proceedings  more  fully,  I  must  beg  leave  to  delineate  to  Your  Lord- 
ship, the  real  difficulties  which  have  prevented  this  Business  being  done,  as  they 
appear  very  little  in  the  Journals  of  the  House  and  pains  have  been  taken  that  they 
should  not  appear;  altho'  they  are  notorious  to  every  person  in  the  Province,  who 
thinks  upon  the  subject. 

The  riotous  proceedings  at  Boston  were  generally  abhorred  by  the  best  Men  in  the 
Province,  and  by  much  the  greater  part  of  the  common  people.  And  therefore  when 
a  Compensation  to  the  Sufferers  was  first  talked  of,  it  was  tlie  general  opinion  that 
it  ought  to  bo  made,  but  that  it  was  due  from  the  Town  of  Boston  only,  and  not 
from"  the  Province  in  general.  This  opinion  was  very  prevalent,  when  M''  Secry 
Conway's  letter,  dated  March  31^'  arrived  here  on  the  last  day  of  May  and  this  was 
the  reason  why  the  Members  for  Boston,  contrary  to  the  real  intrest  of  the  ToAvn 
determined  to  oppose  the  making  a  Compensation,  even  out  of  the  Treasury:  in 
which  way,  if  they  had  at  that  time  with  their  Party  joined  the  Friends  of  Gov- 
ernment, it  might  have  been  done.  But  they  were  apprehensive  that  if  the  Mony 
was  ordered  to  be  paid  out  of  the  Treasury,  it  would  be  then  moved,  that  it  should 
be  charged  upon  the  Town  of  Boston;  which,  as  the  Tax  bill  was  to  be  past  at  that 
time,  might  have  been  done  with  the  dash  of  a  pen.  They  therefore,  resolving  to 
oppose  the  granting  the  Compensation  that  Session,  turned  the  whole  business  into 
evasions  and  subterfuges  to  give  pretended  reasons  for  their  not  complying  and  to 
conceal  the  true  one.  The  reasons  given  were  first.  That  it  was  a  business  of  too 
much  importance  to  transact  without  consulting  their  Constituents;  2°<i  That  the 
Sufferers  had  not  applied  to  them  in  a  Parliamentary  way  that  is  by  petitioning  the 
House. 

It  was  not  long  before  they  received  repeated  advices,  that  the  general  opinion  in 
England  was  that  the  Honor  of  Parliament  was  to  see  this  Compensation  made 
and  they  would  certainly  take  it  up  where  the  Provincial  Assembly  refused  it. 
And  it  was  very  obvious  that  the  Parliament  might  enforce  the  payment  of  a  sum 
of  mony  from  a  seaport  Town  or  from  a  maritime  Province,  without  infringing 
any  rule  of  rights  laid  down  by  the  most  sanguine  advocate  for  the  Colonies,  or 
even  claimed  by  themselves  in  form.  The  People  of  Boston  therefore  began  to  be 
uneasy  that  the  Mony  was  not  paid,  a  Town  Meeting  was  called  and  Instructions 
given  to  their  Members  to  use  their  utmost  endeavours  to  get  the  Mony  paid  out  of 
the  Treasury.  This  was  a  signal  for  me  to  call  the  Assembly,  which  I  had  kept 
prorogued  by  short  intervals  in  order  to  take  hold  of  the  first  fair  opportunity  that 
offered:  And  I  accordingly  gave  notice  that  the  Assembly  would  meet,  at  the  time 
it  was  then  prorogued  to. 

In  the  mean  time,  one  of  the  Pretences  which  had  been  made  use  of  last  Session 
to  excuse  the  granting  the  Compensation  had  an  effect  contrary  to  what  was  expected 
or  at  least,  not  foreseen.  As  the  necessity  of  consulting  their  Constituents  had  been 
made  the  pretence  for  jiostponing  the  business,  the  Members  in  general  found  them- 
selves obliged  actually  to  consult  their  Constituents  in  form  which  they  would  not 
have  done  otherwise.  This  produced  a  number  of  Instructions  against  paying  the 
Mony  out  of  the  Treasury  that  many  Members  staid  away  to  avoid  appearing 
against  Government,  and  others  were  obliged  to  come  fettered  with  Instructions  to 
act  against  it.  Among  these  People  the  general  reasoning  was,  that  as  it  was  noto- 
rious that  the  disturbances  arose  entirely  within  the  Town  of  Boston,  It  was  not 
only  unjust  tliat  the  whole  Province  should  be  charged  with  the  damages  done  by 
them,  but  if  they  were  to  consent  to  the  payment  out  of  the  Treasury,  they  should 
thereby  acknowledge  themselves  to  be  partakers  of  proceedings,  of  which  they  had 
always  expressed  their  detestation  and  abhorrence.  This  was  urged  particularly  at 
the  Meeting  at  Salem,  the  second  Town  in  the  Province  and  always  noted  for  its 
attachment  to  Government,  which  however  its  Members  were  not  allowed  to  suj)- 
l^ort  upon  this  occasion  only. 

Upon  the  Meeting  of  the  Assembly  I  determined  to  say  nothing  that  could  possi- 
bly be  perverted  and  in  general  to  avoid  interfering  with  the  House  in  any  manner. 
I  accordingly  made  the  Speech  I  herewith  inclose  in  full  confidence  that  it  could 
not  receive  a  rude  answer.  I  was  soon  informed  that  a  majority  of  the  House  had 
instructions  against  granting  the  Compensation  out  of  the  Treasury,  the  only 
method  that  could  be  proposed  with  any  prospect  of  success. 

The  Grant  was  strongly  urged  by  the  Members  for  Boston,  in  which  they  were 
supported  by  some  of  the  ablest  friends  of  Government  and  opposed  by  only  one 
man  of  ability  who  in  that  instance  seemed  to  be  infatuated.  The  Argument  was 
entirely  on  the  side  of  the  Compensation  and  was  much  assisted  by  the  examina- 
tion of  some  Gentlemen  from  England  to  show  the  assurances  which  had  been  given 
by  the  friends  of  the  Colonies  that  this  Compensation  would  be  cheerfully  made 
and  the  almost  certain  probability  that  the  Parliament  would  not  acquiesce  in  the 
refusal  of  it.  But  the  dead  weight  of  the  Instructions  could  not  be  got  over  altho' 
there  was  a  general  conviction  throughout  the  House  that  the  Compensation  ought 
to  be  made.  I  must  again  repeat  that  the  Boston  Members  exerted  themselves 
for  the  Question  in  this  Session,  as  much  as  they  did  against  it  in  the  last,  but  they 


940  Province  Laws. — 1766-67.  [Notes.] 

were  defeated  by  their  former  Machinations,  otherwise  I  believe  it  would  have  been 
carried  without  a  division. 

After  a  litigation  of  a  fortnight,  in  which  the  Question  was  put  in  different  forms 
two  or  three  several  times  and  lost  by  no  great  majority,  this  expedient  was  hit 
upon:  that  they  should  bring  in  a  bill  for  compensating  the  sufferers,  in  which  the 
sums  should  be  ascertained  (the  misreport  of  which  was  supposed  to  have  hurt  the 
cause)  and  also  for  indemnifying  the  Kioters.  And  that  the  Bill  should  be  printed 
for  the  consideration  of  the  Constituents  and  the  Governor  should  be  desired  to 
grant  a  recess  for  that  purpose.  This  past  with  little  or  no  opposition  and  a  bill 
■was  accordingly  brought  in  and  printed  and  a  Message  was  sent  to  me  accordingly. 
Two  hours  after  I  received  Your  Lordship's  letter:  I  immediately  communicated  it 
to  both  Houses  and  gave  the  House  of  Representatives  time  to  consider  of  it,  which 
was  only  spent  in  fruitless  altercations,  without  any  attempt  to  resume  the  busi- 
ness. I  therefore  adjourned  the  General  Court  for  three  weeks,  being  the  earliest 
day  I  could  appoint.  I  inclose  Copies  of  the  Message  to  me  and  my  Speech  upon 
the  Adjournment. 

After  the  Adjournment  had  passed  and  before  I  had  left  the  Chair,  It  was  ob- 
served in  the  Council  that  the  House  had  not  ordered  Your  Lordship's  letter  to  be 
printed  as  it  is  usual  to  do  in  cases  where  such  publication  is  like  to  facilitate  the 
business  recommended.  It  was  therefore  moved  that  the  Governor  be  desired  to 
order  the  letter  to  be  printed,  as  it  would  very  much  tend  to  conciliate  the  minds  of 
the  people  to  the  Compensation  and  to  remove  the  ill  humour  prevailing  among 
them.  This  having  the  unanimous  voice  of  the  Council,  I  assented  to,  being  fully 
of  the  same  opinion.  I  must  beg  Your  Lordship  will  let  the  occasion  apologize  for 
my  taking  this  liberty,  if  there  should  be  an  impropriety  in  it,  which  at  present  I 
don't  see  as  these  kind  of  publications  are  not  uncommon  in  this  Government. 

I  must  beg  Your  Lordship's  indulgence  in  adding  a  few  words  upon  an  incident 
in  the  forementioned  Transactions,  I  mean  the  Retlexiou  cast  upon  me  in  the  Mes- 
sage of  the  House.  Nothing  can  show  the  spirit  of  these  factious  Leaders  better 
than  this  does,  when  not  being  able  to  find  any  cause  for  a  Contest  with  me  in  the 
present  Session  and  yet  finding  it  necessary  to  keep  up  a  contention  so  essential  to 
their  own  importance,  they  go  back  to  a  passage  at  the  beginning  of  the  former  Ses- 
sion, which  was  then  sufficiently  animadverted  upon,  and  since  has  been  hacknej'ed 
in  the  Newspapers,  for  a  fresh  cause  of  quarrel  with  the  Governor.  At  the  same 
time  I  believe  there  was  not  a  Man  in  the  House  who  really  thought  that  any  thing 
I  had  done  or  said  had  contributed  to  influence  a  single  Vote  against  the  Question, 
whereas  many  of  them  knew  of  the  Pains  I  had  taken  for  it.  The  Town  of  Boston 
(I  mean  the  Political  Leaders  of  it  which  are  but  a  small  part  of  the  gentry)  have 
no  pretence  to  my  partial  services  and  yet  I  have  been  a  constant  advocate  for 
granting  the  mony  out  of  the  Treasury  and  thereby  indemnifying  the  Town.  In- 
deed I  must  own  that  in  so  doing  I  have  acted  more  upon  Principles  of  Policy  than 
rules  of  Justice. 

However,  my  Lord,  if  I  have  in  any  instance,  let  my  Spirit  get  the  better  of  my 
Prudence,  I  beg  that  one  distinction,  which  Your  Lordship  upon  a  precise  enquiry 
will  know  to  be  founded  in  truth,  may  be  admitted,  that  I  have  not  exerted  myself 
upon  self  considerations.  I  have  borne  a  torrent  of  obloquy  and  abitse  with  the 
temper  of  a  Stoick  and  I  have  not  done  an  Act  of  Resentment  upon  account  of  per- 
sonal injury  in  any  one  instance  that  I  can  recollect.  But,  My  Lord,  having  been 
educated  in  the  frequent  contemplation  of  the  British  Constitution  I  have  con- 
tracted such  a  reverence  for  the  Imperial  State,  that  I  may  perhaps  have  expressed 
a  respect  for  it,  unsuitable  to  the  present  unhappy  state  of  this  Country.  But  I 
have  at  all  times  had  in  view  to  heal  the  distractions  of  the  Country  &  compose  its 
Divisions  and  I  have  never  knowinglj'  departed  from  that  purpose. 

The  importance  of  the  subject  &  something  due  to  my  own  defence  have  ex- 
tended this  letter  to  a  considerable  length,  but  I  hope  my  next  on  this  subject  will 
be  shorter  &  that  there  will  be  no  occasion  to  say  any  more  than  that  the  Compen- 
sation is  made.  As  I  have  great  expectation  that  the  Metliod  taken  to  reconcile  the 
Country  People  to  it  will  succeed." — Gov.  Bernard  to  Earl  of  Shelbunie,  A^ov.  14, 
17G6:  "Mass.  Bay,  B.  T.,"  vol.  79,  M.  m.,  55,  in  Public-Record  Office. 

"Dec.  5.  17t!(i.  Ordered,  That  Major  Hawley,  Mr.  Otis,  and  Mr.  Adams,  be  a 
Committee  to  prepare  a  Resolve,  setting  forth  the  Motives  which  induced  this 
House  to  pass  the  Bill  for  granting  Compensation,  &c.  Who  Reported  thereon  as 
follows. 

Resolved,  That  this  House  in  passing  the  Bill  for  granting  Compensation  to  the 
Sufferers,  and  of  free  and  general  Pardon,  Indemnity  and  Oblivion,  to  the  Offenders 
in  the  late  Times,  were  influenced  by  a  loyal  and  grateful  Regard  to  His  Majesty's 
most  mild  and  gracious  Recommendation;  by  a  Deference  to  the  Opinion  of  the 
illustrious  Patrons  of  the  Colonies  in  Great-Britain;  and  for  the  sake  of  internal 
Peace  and  Order:  Without  Regard  to  any  Interpretation  of  his  Majesty's  Recom- 
mendation into  a  Requisition,  precluding  all  Debate  and  Controversy;  and  under  a 
full  Perswasion  that  the  Sufferers  had  no  just  Claim  or  Demand  on  the  Province. 
And  that  this  Compliance  ought  not  hereafter  to  be  drawn  into  a  Precedent. 

After  which  the  House  pass'd  the  two  following  Resolutions,  Viz. 

I.  Resolved,  That  it  was  the  indespensible  Duty  of  the  Sitfferers  to  have  applied 
to  the  Government  here,  rather  than  to  the  Government  at  Home;  and  that  the 
neglect  of  any  of  them  to  petition  to  this  Assembly  till  October  last,  while  they  were 
complaning  at  Home,  is  very  reprehensible. 

II.  Whereas  it  appears  to  this  House  by  the  Resolutions  of  the  Honorable  the 
House  of  Commons  of  Great  Britain,  that  it  was  their  Opinion  that  the  Resolutions 
of  diverse  Assemblies  in  America,  had  a  Tendency  to  encourage  the  Riots  that 
happened  there.    Resolved,  That  this  cannot  be  said  of  the  Resolutions  of  the 


[Notes.]  Pkovince  Laws.— 1766-67.  941 

House  of  Representatives  of  this  Province,  as  the  said  Eiots  happened  about  two 
Months  before  any  such  Resolutions  were  made. 

Then  the  Committee  appointed  for  the  purpose  carried  the  Bill  up  to  the  Honor- 
able Board,  and  return'd." — House  Journal,  p.  210. 

"  Dec.  9,  ITliCJ.  The  Secretary  went  down  to  the  House  of  Representatives  with  a 
Message  from  his  Excellency  the  Governor  directing  their  attendance  in  the  Council 
Chamber. 

Mf  Speaker  and  the  House  attended  in  the  Council  Chamber  accordingly,  when 
the  Secretary  by  direction  of  the  Governor  informed  the  two  Houses,  that  his  Excel- 
lency had  Signed  his  Consent  to  an  engrossed  Bill  intituled  '  An  Act  for  granting 
compensation  to  the  Sufferers,  and  of  free  and  General  Pardon  Indemnity  and 
Oblivion  to  the  Offenders  in  the  late  times: ' 

His  Excellency  then  made  the  following  Speech  A'iz' — 

Gentlemen  of  the  Council  and  Gentlemen  of  the  House  of  Representatives.  As 
the  Business  for  which  you  were  assembled  is  now  happily  finished,  I  am  unwil- 
ling to  detain  You  here  any  longer.  I  have  therefore  postponed  some  business 
which  I  should  otherwise  have  laid  before  you  unto  the  next  Session.  And  to  tlie 
same  time  I  have  referred  your  Vote  concerning  the  Agent  which  was  laid  before 
me  last  Night;  at  which  time  I  shall  take  it  into  consideration  without  delay. 

Era  Beknaiid." — Council 
Records,  vol.  XXVI.,  p.  342. 

"Dec.  10,  ITtjG.  Advised  and  Consented  that  a  Warrant  be  made  out  to  the 
Treasurer  to  pay  unto  the  Honbie  Thomas  Hutchinson  Esq''  the  sum  of  Three 
Thousand  one  hundred  and  ninety  four  Pounds  seventeen  shillings  and  six  pence, 
granted  by  an  Act  of  the  General  Court  in  their  last  Session,  in  full  compensation 
for  the  losses  and  sufferings  that  he  and  the  several  persons  in  his  family  rsustained 
in  the  late  times  of  confusion. 

Advised  and  Consented  that  a  Warrant  be  made  out  to  the  Treasurer  to  pay  unto 
the  Honi^'^-  Andrew  Oliver  Esqr  the  sum  of  One  Hundred  and  Seventy  two  Pounds 
four  shillings,  granted  him  by  an  Act  of  the  General  Court  in  their  last  Session,  in 
full  (;orapensation  for  the  losses  and  sufferings  that  he  sustained  in  the  late  times  of 
confusion. 

Advised  and  Consented  that  a  Warrant  be  made  out  to  the  Treasurer  to  pay  unto 
Benjamin  Hallowell  Jun""  Esq^  the  sum  of  Three  Hundred  &  eighty  five  pounds 
six  shillings  and  ten  pence,  granted  him  by  an  Act  of  the  General  Court  in  their  last 
Session,  in  full  compensation  for  the  losses  and  sufferings  that  he  sustained  in  the 
late  times  of  confusion. 

Advised  and  Consented  that  a  Warrant  be  made  out  to  the  Treasurer  to  pay  unto 
William  Story  Esq^  the  sum  of  Sixty  seven  Pounds  eight  shillings  and  ten  pence, 
granted  him  by  an  Act  of  the  General  Court  in  their  last  Session,  in  full  compensa- 
tion for  the  losses  and  sufferings  that  he  sustained  in  the  late  times  of  confusion."  — 
Executive  Records  of  the  Council,  17t)5-1774,p.  178. 

"  Mar.  17,  17()7.  The  Committee  appointed  to  sit  iu  the  recess  of  the  Court  to 
enquire  into  the  Riots  committed  in  the  month  of  August  1765  presented  their  ac- 
count of  time  and  travel  in  attending  on  that  business.  Whereupon  the  following 
Order  passed  viz' — 

In  the  House  of  Representatives.  Resolved  that  there  be  allowed  and  paid  out  of 
the  public  Treasury  to  the  several  persons  within  mentioned  the  several  Sums  set 
against  their  Names,  amounting  in  the  whole  to  the  Sum  of  twelve  pounds,  six 
shillings  and  six  pence  in  full  discharge  of  the  within  account. 

In  Council,  Read  and  Concurred.  Consented  to  by  the  Goxernoi."— Council 
Records,  rol.  XXVI.,  p.  47:'>. 

•'  Upon  the  meeting  of  the  new  Assembly  on  May  28,  it  was  very  apparent  that  the 
Government  party  must  be  the  Minority.  Nineteen  of  the  proscribed  members  had 
been  left  out,  among  which  were  some  of  the  most  able  men  in  the  House  and  most 
respe(>table  for  their  knowledge  and  prudence  The  House  was  uncommonly  tilled 
with  men  of  confined  and  narrow  ideas  unacquainted  with  and  unfit  for  public  busi- 
ness. It  was  known  that  Otis's  faction  intended  to  push  the  Government  by  all 
]iracticable  means  and  also  that  they  intended  to  oppose  the  making  a  compensation 
to  the  .sufferers,  for  which  purpose  the  great  intrest  which  the  Lieut.  Governor  had 
in  the  losses  would  be  sufficient  inducement  to  their  leader.  Under  all  these  ditti- 
culties  the  Government  had  no  chance  to  get  that  or  any  disputable  business  done, 
but  by  preventing  Otis  taking  the  lead.  This  was  to  be  done  no  otherwise  than  by 
convincing  the  House  of  the  dangerous  consequences  which  might  follow  the  violent 
measures  which  it  was  known  he  would  propose  and  prosecute.  There  was  no  one 
to  do  this  but  myself:  I  was  sensible  that  arguments  from  tlie  chair  have  but  little 
weight  in  popular  Assemblies  when  a  Governor  is  reduced  to  argument;  but  I  had 
no  choice  and  there  seemed  to  be  no  danger  in  trying  an  experiment  which  could 
not  make  things  worse  than  they  would  be  without  it.  It  was  upon  these  principles 
that  I  made  my  essay  in  my  two  speeches  of  INIay  2'J  and  June  3  and  tho'  it  failed  of 
success  yet  I  can  say  that  if  the  Government  got  nothing  by  it  it  has  lost  nothing. 
*  *  »  »  *  * 

For  the  reasons  before  mentioned  knowing  that  the  Faction  intended  to  oppose 
the  Compensation  I  found  it  necessary  to  introduce  the  recommendation  of  it  in  as 
forcible  a  manner  as  I  could.  And  yet  I  used  no  other  Terms  nor  expressions  more 
forcible  than  I  had  been  used  to  apply  to  his  Majesty's  recommendations  during  such 
part  of  the  late  War  wherein  I  have'been  Governor  of  this  Province,  with  the  con- 
stant approbation  of  the  Assembly.  At  this  time  nothing  but  a  fixed  determination 
to  cavil  at  whatever  I  should  say,  to  oppose  whatever  I  should  recommend  and  to 
work  up  in  the  people  a  jealousy  of  the  interposition  of  Parliament  could  cause  an 
exception  to  be  taken  to  the  words  I  used  upon  the  occasion.    I  certainly  intended 


942  Pkovince  Laws.— 1766-67.  [Notes.] 

to  do  honour  to  tbe  recommendation  of  the  Kuig  with  the  advice  of  his  Parliament 
by  tlie  most  respectful  terms  which  I  could  use.  but  to  argue  that  I  intended  there- 
by to  impeach  the  free  agency  of  the  Assembly  is  absurd  when  it  is  considered  that 
at  the  same  time  I  was  applying  to  them,  as  free  Agents.  But  the  text  of  these  ex- 
pressions will  be,*  comjiaring  them  with  others  used  upon  like  occasions:  for  this 
purpose  I  have  desired  tlie  Secretary  to  search  the  books  of  the  General  Court  in 
order  to  compare  the  one  with  the  other.  His  Report  I  shall  inclose  with  this,  from 
whence  will  appear  the  Terms  which  have  been  applied  to  His  Majesty's  recom- 
mendations for  four  years  together  to  which  I  beg  leave  to  refer.  The  Exception 
taken  in  the  present  instance  is  that  I  have  called  His  Majesty's  recommendation  a 
requisition  and  say  that  the  authority  with  which  it  is  introduced  should  ]")reclude 
all  disputation  about  complying  with  it.  In  regard  to  the  first  will  not  a  stander  by 
be  astonished  at  seeing  the  cavilling  at  this  word  carried  to  such  a  length  when  he 
shall  know  that  his  Majesty's  recommendations  ha^'e  been  usuallj^  called  requisitions 
both  by  me  and  the  House  for  six  years  past  and  that  the  word  requisition  was  first 
used  to  this  purpose  by  the  Hoitse  and  taken  from  them  by  mo  and  again  and  again 
re-echoed  by  them.  As  to  the  other  words,  there  are  in  these  extracts  expres- 
sions full  as  forcible  such  as  these  "  you  cannot  hesitate  one  moment  about  a  ready 
comi>liance  with  this  requisition  "  feb.  23.  17(32  and  they  were  considered  as  terms  of 
respect  and  not  of  positive  obligation.  And  so  they  would  have  been  now,  if  there 
had  not  been  a  settled  design  of  quarrelling  witli  the  (iovern*  and  promoting  among 
this  people  a  jealousy  of  the  authority  of  Groat  Britain. 

I  should  not  have  troubled  Your  Lordshiji  with  this  explanation,  if  the  House 
had  not  revived  this  dispute  at  the  last  Session  and  made  it  so  serious  as  to  instruct 
their  special  Agent  to  represent  it  to  Your  Lordship  as  the  ]irobable  cause  of  the 
delay  of  the  Compensation  which  I  shall  observe  upon  hereafter.  In  the  meantime 
I  have  thought  proj^er  to  insert  this  account  of  my  intention  in  its  projier  place. 

There  were  but  two  reasons  given  by  the  Hotise  in  this  Session  for  their  not  com- 
plying with  the  llecommeudation  the  one  was  that  it  was  a  matter  of  such  conse- 
quence that  they  must  consult  their  constituents,  the  other,  that  the  sufferers  had 
not  ai)plied  to  the  House  in  a  parliamentary  way.  This  latter  was  produced  but 
just  before  the  rising  of  the  Court,  if  it  had  been  mentioned  in  time  it  would  have 
been  removed  by  the  sufferers  petitioning  the  House,  as  they  did  at  the  beginning 
of  the  next  Session.  The  former  reason  did  not  appear  to  be  sincere,  as  they 
would  not  tix  upon  a  short  day  for  a  recess  and  apply  to  me  to  adjottrn  them  to  such 
day,  which  I  let  them  know  I  would  do  if  they  would  make  application  for  it.  In- 
stead of  this  they  rather  showed  a  disinclination  to  having  an  early  session  for  this 
purpose  and  it  was  commonly  said  that  the  usual  time  of  the  winter  Session  (the 
middle  of  Jan^y)  would  be  soon  enough  for  this  business.  On  the  other  hand  if  I 
had  called  them  together  without  a  probability  of  success,  it  would  have  only  made 
the  matter  worse,  I  had  therefore  nothing  to  do,  but  to  watch  the  opportunity, 
when  there  should  appear  a  disposition  to  make  the  compensation  and  then  to  lay 
hold  of  it. 

In  my  letter  to  Your  Lordship  of  Nov.  14  I  informed  you  how  cautious  I  was  in 
guarding  what  I  said  to  the  General  Court  at  the  opening  the  Session  from  being 
perverted  and  of  what  little  avail  it  was  to  my  purpose;  since  for  want  of  some 
fresh  matter  to  quareil  about,  the  House  went  back  to  a  Speech  I  made  5  months 
ago,  which  was  then  fully  animadverted  upon,  in  order  to  make  a  fresh  dispute.  In 
their  Address  they  say  that  the  manner  in  which  I  had  proposed  a  compensation  to 
the  sufferers  had  been  derogatory  to  the  Honor  of  the  House  and  in  breacli  of  the 
priviledges  thereof.  The  exceptionable  words  in  my  speech  were  these  "  The  jus- 
tice and  humanity  of  this  requisition  is  so  forcible  that  it  cannot  be  controverted; 
the  authority  with  which  it  is  introduced  should  preclitde  all  disputation  about 
complying  with  it."  Now  supposing  I  meant  something  more  than  terms  of  respect 
towards  the  King  and  Parliament  (which  it  is  difficult  for  any  one  who  considers  the 
nature  of  the  Inisiness  to  conceive)  Yet  surely  such  assertion  is  much  within  the 
bounds  of  the  solemn  Declaration  of  their  authority  so  lately  made  by  the  King  and 
Parliament  themselves,  and  therefore  my  crime  would  amount  to  no  more  than  an 
indiscreet  assertion  of  a  real  right  upon  an  improper  occasion.  But  surely  for  a 
Provincial  Assembly  to  tell  their  Governor  that  his  indirectly  asserting  the  author- 
ity of  the  King  and  Parliament  over  them  is  a  breach  of  the  priviledges  of  their 
House,  is  itself  a  high  breach  of  the  priviledges  of  a  much  greater  bodj%  But 
my  Lord  I  will  make  it  evident  that  I  meant  only  to  use  respectful  terms  towards 
the  King  and  Parliament  and  not  to  urge  any  legal  or  legislative  obligation  upon 
the  Assembly,  and  that  the  persons  who  made  this  objection  knew  that  this  was 
so,  or  ought  to  have  known  it.  For  this  purpose  I've  employed  the  Secretary  to 
search  the  Journals  for  the  expressions  I  had  formerly  used  in  laying  before  the 
House  the  several  orders  I  received  from  His  Majesty  during  the  late  war,  whose 
Eejiort  I  beg  to  inclose  with  this:  from  whence  it  will  plainly  appear  that  upon  this 
occasion  I  used  no  other  terms  nor  more  forcible  expressions  than  I  had  often  used 
before  with  the  approbation  and  concurrence  of  the  House:  and  that  it  was  the  tem- 
per of  the  House  and  not  my  words  from  whence  this  objection  arose. 

"What  the  temper  of  the  House  or  rather  the  disposition  of  the  few  leaders  who 
influence  a  majority  of  it  is,  will  appear  from  several  passages  which  have  passed 
in  the  House  tiiis  last  Session,  which  tho'  at  another  time  they  would  have  been 
thought  too  insignilicaut  for  notice,  are  not  so  now.  A  gentleman,  one  of  the  chief 
speakers  against  the  Compensation,  in  the  course  of  his  Argument  said,  in  direct 
terms,  '  The  Parliament  of  Great  Britain  has  no  right  to  kf/islate  for  us '  Upon 
which  M''  Otis  got  up  maele  him  a  bow  and  thanked  him  saying  that '  he  went  fur- 

•  Sic. 


[Notes.]  Province  Laws.— 1766-67.  943 

ther  than  lie  liimself  had  done  in  that  House '— M""  Otis  was  endeavouring  to  engage 
the  House  to  censure  the  Governor  for  talcing  depositions  in  the  Affair  of  resisting 
the  Custom  House  Oflficers,  of  which  I  informed  Your  Lordsliip  by  my  letter  of  Oct. 
10,  when  a  Member  observed  that  '  He  knew  the  time  when  the  House  would 
have  readily  assisted  the  Governor  in  executing  the  Laws  of  Trade  instead  of  being 
moved  to  oppose  him  in  it'  To  this  Otis  replied  that  the  times  were  altered  '  they 
now  knew  what  their  rights  were,  they  then  did  not.'  " — Extract  from  letter  of  Gov. 
Bernard  to  the  Earl  of  Shelburne,  Dec.  24, 176G:  "  Mass.  Bay,  B.  T.,''  vol.  71),  31.  m.,  64, 
in  Public-Record  Office. 

The  following  extract  is  inserted,  in  the  order  of  its  date,  to  show  what  efforts 
were  made,  in  certain  quarters,  to  extend  the  i^recedent  established  by  this  act,  of 
granting  amnesty  to  rioters. 

"  Feb.  25,  17G7.  A  Petition  of  Elijah  Alvord,  Joel  Ely,  Eleazer  Day,  James 
Doane,  Stephen  Ward,  Nathan^  Willistoue,  Lucas  Morgan  Daniel  Nash  juu"^, 
Thomas  White  iun""  Nathan'  Church  and  Jon»  Pinney — Setting  forth — That  they,  or 
the  most  of  them  have  for  several  years  past  been  engaged  in  the  Lumber  business 
on  Connecticut  River;  that  a  certain  Gentleman  in  the  County  of  Hampshire  by 
virtue  of  a  deputation  from  the  Surveyor  of  his  Majesty's  Woods  seized  all  the 
white  Pine  Timber  he  could  tind  on  the  River,  and  greatly  distressed  the  people 
concerned  in  this  business,  and  that  as  they  conceive  without  discrimination; 
Whereupon  they,  at  a  time  when  peoples  minds  were  greatly  fretted  and  unsettled, 
unhappily  assembled  in  a  riotous  manner  in  the  Fields  of  Northampton  where 
great  numbers  of  those  white  pine  Logs  lay  under  Seizure  with  an  intent  to  turn 
them  into  the  River  seized  the  Officer  and  carried  him  to  Hadley  and  there  de- 
tained him  some  hours  against  his  will  until  by  duress  and  Cattery  they  obliged 
liim  to  resign  his  Commission  and  to  engage  no  more  to  pursue  the  aforesaid  method 
of  supposed  Oppression.  For  which  assault  and  Battery,  of  which  they  sincerely 
repent,  they  were  indicted  at  the  Court  of  General  Sessions  of  the  peace'  holden  at 
Northampton  in  17(J5,  and  at  the  next  Session  of  said  Court  in  February  last,  all 
appeared  and  pleaded  guilty,  and  were  by  said  Court  lined  Three  pounds  each, 
which  they  have  paid  with  Costs;  besides  which  they  have  some  of  them  suffered 
the  action  of  the  said  Officer  against  them  wlio  obtained  a  Judgment  of  Court 
against  them  on  Verdict  which  they  have  also  satisfied.  And  as  they  conceive  that 
their  Offence  is  full  within  the  late  Act  of  Indemnity,  praying  that  they  may  be  ad- 
mitted to  share  in  the  Grace  of  tl>3  Government,  their  Conviction,  &  payment  of 
their  Fines  being  before  the  said  act  was  made,  notwithstanding. 

In  the  House  of  Representatives.  Read  &  Ordered  that  the  prayer  of  this  Peti- 
tion be  granted;  and  that  the  Treasurer  of  the  County  of  Hampshire  be,  and  he  is 
hereby  directed  to  pay  out  of  the  Treasury  of  the  same  County  to  each  and  every  of 
the  Petitioners  aforesaid  such  Sums  as  they  have  respectively  paid  as  Fines  set 
upon  them  by  the  Court  of  General  Sessions  of  the  peace  for  said  County  on  their 
Conviction  of  the  Offence  aforesaid,  and  that  have  been  paid  into  said  Treasury,  and 
that  upon  his  paying  the  same  to  said  Petitioners,  he  shall  discharge  himself  io  the 
said  County  of  such  Sums  so  paid  by  virtue  of  this  Order.  In  Council,  Read  and 
unanimously  Noncoucurred." — Council  Records,  vol.  XXVI.,  p.  419. 

"  Tills  proceeding  in  the  house  [amnesty  to  the  rioters]  took  its  rise  from  one  of 
the  members,  a  principal  lawyer  in  the  county  of  Hampshire,  several  of  whose 
clients  were  then  in  prison,  in  that  county,  for  not  paying  their  fines  and  the  costs 
of  court,  having  been  convicted  of  a  riot  raised  to  oppose  the  execution  of  the 
stamp  act.  The  attorney-general,  having  advised  with  the  court,  caused  them  to  be 
indicted  for  a  riot,  and  not  for  treason.  This  gentleman  took  exception  to  the  in- 
dictment, the  offence  amounting,  indisputably,  to  treason.  The  court  was  sensible 
that  like  exception,  in  like  cases,  had  been  taken  in  England,  and  overruled;  and, 
upon  those  authorities,  overruled  the  exceptions  in  this  case,  and  gave  judgment. 
The  bill  was  framed  to  include  these  offenders  in  the  indemnity.  It  was  very 
doubtful  whether,  without  this  provision,  the  grant  would  have  been  made."— 
Hutchinson's  Hist.  Mass.  Baij,  vol.  o,p.  158. 

"  ^°  ^Slw'^i^Vwilles  j  Esquires  His  Majesty's  Attorney  and  Solicitor  General. 
Gentlemen, 

As  the  Law  herewith  inclosed,  passed  in  the  Province  of  the  Massachj- 
sets  Bay  in  December  1766,  appears  to  the  Lords  Commissioners  for  Trade  and 
Plantations  to  be  of  a  new  and  extraordinary  nature  and  importance,  I  am  directed 
by  their  Lordships  to  desire  you  will  be  pleased  to  take  it  into  your  consideration 
and  to  favour  them  with  your  opinion,  whether  the  Legislature  of  that  Province 
have  by  their  Constitution  a  power  to  enact  a  Law  of  General  Pardon,  Indemnity 
and  Oblivion,  in  the  case  to  which  it  refers,  without  the  previous  consent  of  the 
Crown. 

I  am,  with  great  respect  Gentlemen  Your  most  obedient  humble  Servant 

JOHX  POWNALL. 

Whitehall  I 

March  13.  1767."  J  —"Mass.  Bay  B.  T.,"  vol.  86,  p.  209. 

"  To  the  Right  Honourable  The  Lords  Commissioners  for  Trade  and  Plantations. 
May  it  please  your  Lordships, 

In  obedience  to  Your  Lordships  Commands  signified  to  us  by  M""  Pownall's  Let- 
ter of  the  l.j""'  of  March  last,  inclosing  to  us  a  Law  passed  in  the  Province  of  the 
Massachusetts  Bay  in  Deer  1766  ap])earing  to  Your  Lordships  to  be  of  a  new  and 
extraordinary  nature  and  importance  and  desiring  us  to  take  it  into  our  considera- 
tion and  report  our  opinion  whether  the  Legislature  of  that  Province  have  by  their 
Constitution  a  power  to  enact  a  Law  of  General  Pardon,  Indemnity  and  Oblivion  in 
the  case  to  which  it  refers  without  the  previous  consent  of  the  Crown. 


944  Peovince  Laws. — 1766-67.  [Notes.] 

We  have  taken  the  same  into  our  consideration  and  are  of  opinion  that  the  Gov- 
ernor Council  and  Assemhly  of  the  INIassacliusetts  Bay  have  not  by  the  Constitu- 
tion of  that  Province  any  original  power  to  enact  a  Law  of  General  Pardon,  In- 
demnity and  Oblivion  in  the  case  relerr'd  to,  without  the  previous  communication 
of  the  grace  and  pleasure  of  the  Crown. 

All  which  is  humbly  submitted  to  Your  Lordships  consideration 

W:  peGkey. 
April  10, 17G7.  E.  Willes."— JJjiU,  vol.  79,  M.  m.,  58. 

Upon  receipt  of  this  opinion,  the  Lords  of  Trade  prepared  their  representation, 
an  extract  from  which  appears,  as  a  foot-note  to  this  chapter,  ante.     The  committee, 
of  the  Privy  Council,  on  trade  and  plantations,  to  whom  this  representation  was 
referred,  took  it  into  consideration  on  the  9th  of  May,  and,  four  days  later,  an  order 
was  passed  at  a  session  of  the  Privy  Council,  the  record  of  which  is  as  follows: — 
"At  the  Court  at  St.  James's,  the  lo  of  May  17G7. 
Present 
The  King's  most  Excellent  Majesty 
His  Royal  Highness  )  Earl  of  Ilchester 

the  Duke  of  York.     )  Earl  of  Besborough 

Archbishop  of  Canterbury.  Earl  of  Hillsborough 

Lord  President.  Earl  of  Shelburne. 

Duke  of  Bolton.  Viscount  Falmouth 

Duke  of  Queensberry.  Viscount  Barrington 

Duke  of  Argyll.  Viscount  Clare. 

]VIarquess  of  Granby.  Bislioii  of  London 

Lord  Steward  Lord  Berkeley  of  Stratton 

,  Lord  Chamberlain.  Lord  Bathurst 

Earl  of  Denbigh.  Lord  Sandys 

'  Earl  of  Shaftesbury  M"^  Treasurer  of  the  Household  Jas.  Stu- 

Earl  of  Litchlield  art  Mackenzie  Esq. 

Earl  of  Marchmont  WelUiore  Ellis  Esq™ 

Earl  of  Bristol  Sir  Gilbert  Elliott 

Earl  of  Harcourt.  Master  of  the  Bolls. 

Upon  reading  at  the  Board  a  Report  of  the  Right  Honourable  the  Lords  of  the 
Committee  of  Council  for  Plantation  Affairs  dated  th«  9"^  of  this  instant  in  the 
words  following,  Viz' 

At  the  Council  Chamber  Whitehall  the  9  day  of  May  17G7 
By  the  Right  Honourable  the  Lords  of  the  Committee  of  Council  for  Plantation 
Affairs 

Present 
Lord  Chancellor.  Viscount  Howe 

Lord  President.  Viscount  Barrington 

Duke  of  Grafton.  Viscount  Clare. 

Duke  of  Bolton.  Lord  North. 

Duke  of  Ancaster  Lord  Sandys. 

Lord  Steward  M'  Speaker 

Earl  of  Denbigh.  Jas.  Stuart  Mackenzie  Esq. 

Earl  of  Cholmondeley.  M''  Secretary  Conway. 

Earl  of  Marchmont.  M^  Chancellor  of  the  Exchequer. 

Earl  of  Bristol.  AVellbore  Ellis  Esq^e 

Earl  of  Harcourt  Hans  Stanley  Esq. 

Earl  of  Hillsborough.  Lord  Ch.  Justice  Wilmot. 

Earl  of  Shelburne.  Isaac  Barre  Esq. 

Your  Majesty  having  been  pleased  by  Your  Order  in  Council  of  the  13"i  of  last 
Month  to  referr  unto  this  Committee  a  Representation  of  the  Lords  Commissrs  for 
Trade  and  Plantations  touching  and  concerning  an  Act  passed  by  the  Great  and 
General  Court  or  Assembly  of  Your  Majesty's  Province  of  the  Massachusets  Bay 
in  New  England  on  the  (>">  "day  of  December  17()(>  intituled 

An  Act  for  granting  compensation  to  the  Sufferers  and  of  free  and  general 

pardon,  indemnity  and  oblivion  to  Offenders  in  the  late  times. 
The  Lords  of  the  Committee  in  obedience  to  your  Majesty's  said  Order  of  Refer- 
ence did  on  the  1^'  and  4">  of  this  instant  and  again  upon  this  day  meet  and  take  the 
said  Representation  and  Act  into  their  consideration  together  with  the  Charter 
gi-anted  to  the  said  Province  by  Your  Majesty's  Royal  Predecessors  King  William 
and  Queen  Mary,  and  also  Your  Majesty's  Commission  and  Instruct^  to  the  present 
Governor  of  that  Province  and  upon  due  deliberation  had  thereupon,  and  after  a 
diligent  enquiry  into  the  precedents  of  the  conduct  of  the  Council  lioard  in  similar 
cases.  Their  Lordships  are  humbly  of  opinion,  that  it  may  be  adviseable  for  Your 
Majesty  (if  in  Your  Royal  wisdom  you  shall  think  fit)  to  disallow  and  reject  the 
said  Act,  the  said  Assembly  having  therein  vmwarrantably  incorporated  an  Act  of 
Pardon  with  an  Act  of  Compensation,  without  having  obtained  Your  Majesty's  pre- 
vious consent  to  such  Act  of  Pardon;  and  that  it  may  likewise  be  adviseable  for 
Your  Majesty  to  direct  Your  Governor  of  the  Massachusetts  Bay,  forthwith  to  re- 
quire the  said  Assembly  to  pass  a  particular  and  effectual  Act  for  compensating  all 
or  any  of  the  Sufferers  unmixed  with  any  other  matter  whatsoever,  in  case  such 
compensation  shall  not  have  been  already  made — And  the  Committee  submit  this 
opinion  to  Your  Majesty  without  jirejudice  to  the  consideration  of  any  question 
touching  the  niTllity  of  the  Act  now  under  consideration  ab  initio,  whenever  the 
same  may  judicially  come  into  question. 

His  JSiajesty  this  day  took  the  said  Report  into  consideration  and  was  pleased 
with  the  advice  of  his  Privy  Ccmncil  to  approve  thereof  and  accordingly  to  order 
that  the  said  Act  be  and  it  is  hereby  disallowed  and  rejected    And  His  Majesty 


[Notes.]  PEOvmcE  Laws. — 1766-67.  945 

doth  hereby  further  Order  that  the  Governor,  Lieut.  Governor  or  Commander  in 
Chief  of  the  Province  of  the  Massachusetts  Bay  do  forthwith  require  the  said 
Assembly  to  pass  a  particular  and  effectual  Act  for  compensating  all  or  any  of  the 
Sufferers,  unmixed  with  any  other  matter  whatsoever,  in  case  such  compensation 
shall  not  have  been  already  made." — Ibid.,  vol.  79,  3f.  m.,  07. 

"  My  Lords,  I  am  to  signify  to  Your  Lordshijis  ]3is  Majesty's  Commands  that  you 
]ay  before  the  House  of  Commons  the  Printed  Journal  of  the  House  of  Representa- 
tives of  the  Province  of  Massachusets  Bay  from  October  to  December  176(i  and  the 
Votes  and  Proceedings  of  the  Assembly  of  the  Province  of  New  Jersey  in  June 
176(3." — Earl  of  Shelburiie  to  Lords  of  Trade,  May  11,  1767:  ibid.,  M.  m.,  59. 
"  Monday  May  H^^  1707. 
At  a  Meeting  of  His  Maj'y's  C'ommissrs  for  Trade  and  Plantation. 
Present 
Lord  Clare. 

Mr  Jenyns.  M""  Rice. 

M""  Dyson. 

Read  a  letter  from  the  Earl  of  Shelburne  dated  the  llt'>  instant  signifying  His 
Majesty's  Commands  that  tlie  Board  do  lay  before  the  House  of  Commons  the 
printed  Journals  of  the  House  of  Representatives  of  ^Massachusetts  Bay  from  Octo- 
ber to  December  1760  and  also  the  Votes  and  Proceedings  of  the  Assembly  of  New- 
Jersey  in  June  1766. 

The  said  Papers  having  been  laid  before  the  Board,  Lord  Clare  was  desired  to  pre- 
sent them  to  the  House  pursuant  to  His  Majesty's  commands. 

Clare." — "  Trade  Papers," 
vol.  69,  ».  135. 

"  Whitehall  May  15.  1707. 

My  Lords,  I  herewith  inclose  to  Your  Lordships  Copy  of  an  Order  of  the  House 
of  Lords  of  yesterday,  and  am  to  signify  to  Your  Lordships  His  Maj'y'^  Pleasure  that 
you  give  directions  that  Copies  of  all  Papers,  Proceedings  and  Reports  relative  to 
your  Board,  and  referred  to  in  that  order,  be  transmitted  to  me  to  be  laid  before  the 
House. 

I  am,  My  Lords  Your  Lordships  most  obedient  humble  Servant  Shelburne. 

'  House  of  Lords,  Thursday  14"»  May  1767 

Ordered,  That  an  humble  Address  be  presented  to  His  Majesty,  that  he  will  be 
graciously  pleased  to  give  Directions  that  thei'e  be  laid  before  this  House  Copies  of  all 
Reports  inade  to  or  by  the  Commissioners  of  Trade  and  Plantations,  together  with 
all  Orders  and  Proceedings  made  or  had  by  the  Secretaries  of  State,  or  His  Maj'y'» 
Privy  Council,  relating  to  the  Bill  passed  by  the  Governor,  Council  and  Assembly 
of  the  Massachusetts  Bay,  for  granting  Compensation  to  the  Sufferers,  and  of  free 
and  general  Pardon,  Indemnity  and  Oblivion  to  the  Offenders  in  the  late  times,  from 
the  time  of  the  Receipt  of  the  said  Bill—  And  that  the  Lords  with  white  staves  do 
wait  on  His  Majestv  therewith.'  "—Earl  of  Shelburne  to  Lords  of  Trade:  "  Mass.  Bay, 
B.  T.,"  vol.  79,  3L  m.,  60. 

"  Whitehall  15  May  1767. 

My  Lords,  I  send  to  Your  Lordships  Copy  of  a  Resolution  of  the  House  of 
Commons  of  yesterday  and  I  am  to  signify  to  Your  Lordships  His  Majesty's  pleas- 
ure that  you  give  immediate  directions  that  the  Papers  therein  mentioned  be  accord- 
ingly prepared  and  transmitted  to  me  in  order  to  be  laid  before  that  House. 

I  am  My  Lords  Your  Lordships  most  obedient  humble  Servant. 

Shelburne. 
'  House  of  Commons.    14  May  1767. 

Kesolved,  That  an  humble  Address  be  presented  to  His  Majesty,  That  His 
Majesty  will  be  graciously  pleased  to  give  directions  that  there  be  laid  before  this 
House 'Copies  of  all  References,  Reports,  Orders  and  Proceedings  made  by  the  Com- 
missioners of  Trade  and  Plantations,  the  Secretaries  of  State,  or  His  Majesty's  Privy 
Council,  relative  to  the  Act  passed  by  the  Assembly  of  the  Massachusetts  Bay  for 
granting  Compensation  to  the  Sufferers  and  of  free  and  general  Pardon,  Indemnity 
and  Oblivion  to  the  Offenders  in  the  late  Times  from  the  29'^  of  December  last.'  " — 
Shelburne  to  Lords  of  Trade:  Ibid. 

In  compliance  with  the  foregoing  order  and  resolve  the  Lords  of  Trade  presented 
to  each  of  the  Houses  of  parliament,  copies  of  the  following  papers;  viz.,  the  act, 
minutes  of  the  proceedings  of  the  Lords  of  Trade  thereupon,  the  letter  from  Secre- 
tary Pownall  to  the  Attorney  and  Solicitor  General,  and  their  report,  and  the  repre- 
sentation of  the  Lords  of  Trade  to  the  Privy  Council. 

"  Oct.  15,  1707.  His  Excellency  having  communicated  to  the  Council  a  letter  from 
the  Right  Honi'ie  the  Earl  of  Sheiburne,  one  of  His  Majesty's  Principal  Secretaries  of 
State,  inclosing  an  Order  of  His  Majesty  in  his  Privy  Council,  by  which  His  Majesty 
has  been  pleased  to  disallow  and  reject  an  Act  passed  by  the  Great  &  General  Court 
or  Assembly  of  this  Province  in  December  1700  intitled  'An  Act  for  granting 
Compensation  to  the  Sufferers  and  of  free  and  general  Pardon  Indemnity  and  Ob- 
livion to  the  Offenders  in  the  late  times.' 

Advised  and  Ordered  that  Notice  be  given  in  the  Massachusetts  Gazette,  that  the 
said  Act  is  disallowed  and  rejected,  that  every  person  concerned  therein  may  govern 
themselves  accordingly." — Executive  Records  of  the  Council,  1765-177-4,73.  257. 

"  The  act  was  disapproved,  upon  its  being  laid  before  the  king,  merely  from  the 
nature  of  it,  and  the  danger  of  establishing  a  precedent;  biat  the  money  was  paid 
before  the  news  arrived,  and  nothing  further  passed  upon  the  subject." — Hutchin- 
son's Hist.  Mass.  Bay,  vol.  3,  p.  160. 

Chap.  11.  "Feb.  21,  1767.  A  Petition  of  Elias  Willard  and  a  great  number  of 
Others  Inhabitants  and  proprietors  of  Richmont  in  the  County  of  Berkshire — Set- 


946  Peovince  Laws.— 1766-67.  [Notes.] 

ting  forth,  That  there  are  about  eighty  Families  in  said  Town,  that  the  Town  is 
long,  and  there  are  already  two  Meeting  Houses  and  two  Religious  Societies  therein; 
that  there  are  sundry  difficulties  they  are  under  by  being  one  Propriety.  And  pray- 
ing that  that  part  of  their  original  Purchase  called  Yokuu  may  be  erected  into  a  sep- 
arate Town  or  District. 

In  the  House  of  Representatives.  Read  &  Ordered  that  Colo  "Williams,  M^  Chad- 
wick  and  Colo  Murray  with  such  as  the  Hon^'ie  Board  shall  join  be  a  Committee  to 
take  the  Petition  into  consideration  and  Report.  In  Council,  Read  and  Concurred 
&  Gamaliel  Bradford  and  Timothy  Paine  Esqi's  are  joined  in  the  ASaiv."— Council 
Records,  vol.  XXVL,  p.  409. 

Chap.  15.  "  Oct.  25,  1764.  A  Petition  of  Sundry  Inhabitants  of  the  Westerly  part 
of  Townshend  and  the  Northerly  part  of  Fitchbourg,  and  Northeasterly  part  of  Dor- 
chester Canada,  and  of  those  living  on  Lexington  Farms  so  called— Setting  forth  the 
great  difficulties  they  labour  under  by  reason  of  their  distance  from  any  place  of 
public  Worship,  and  in  attending  Town  Meeting  and  Trainings  that  there  are  about 
V  thirty  Families  of  them,  and  the  Land  lyes  convenient  for  a  Town  or  District.    And 

Praying  that  they  and  their  Lands  with  a  small  Gore  adjoining  to  Cambridge  may 
be  erected  into  a  Town  or  District  accordingly. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  Petitioners  serve  tha 
Inhabitants  of  Townshend,  Cambridge  and  Lexington  with  a  Copy  of  said  Petition 
by  leaving  the  same  with  the  respective  Clerks  of  said  Towns:  and  also  serve  the 
Proprietors  of  Dorchester  Canada  with  a  Copy  of  said  Petition  by  leaving  the  same 
with  tlie  Proprietors  Clerk,  that  so  they  shew  cause  if  any  they  have  on  the  second 
Wednesday  of  the  next  Session  of  this  Court,  why  the  Prayer  thereof  should  not  be 
granted.    In  Council  Read  and  Concurred." — Council  Records,  vol.  XXV.,  p.  294. 

"  June  24,  1765.  The  following  Order  passed  in  consequence  of  the  Report  of  a 
Committee  of  both  Houses  appointed  the  7">  Ins'  to  take  under  consideration  a  peti- 
tion of  sundry  Inhabitants  of  Townshend,  Fitchburgh  and  Dorchester  Canada  and 
the  several  Answers  made  thereto  viz' — 

In  Council,  Read  and  Accepted:  And  inasmuch  as  it  appears  probable  that  the 
petitioners  may  in  a  short  time  hence  be  erected  into  a  District,  altho'  at  present  it 
might  be  inconvenient  to  seperate  them  from  the  Towns  to  which  they  now  belong. 

Ordered  that  the  Petitioners  be  exempted  from  the  payment  of  any  Taxes  that 
may  after  this  time  be  granted  by  the  proprietors  or  Inhabitants  of  Fitchburgh 
towards  building  their  Meeting  House,  or  by  the  proprietors  or  Inhabitants  of  Ash- 
burnham  towards  the  finishing  theirs. 

In  the  House  of  Representatives,  Read  and.  Concurred.  Consented  to  by  the 
Governor."— /6JcL,  vol.  XXVI.,  p.  61. 

See,  also,  note  to  1764-65,  chap.  17,  ante. 

Chap.  17.  Soon  after  the  peace  of  Paris,  the  Acadians  who  had  been  brought  into 
the  province,  upon  the  suggestion  of  Gov.  Lawrence  of  Nova  Scotia,  and  of  his  suc- 
cessor, Lieut.-Governor  Belcher,  began  to  take  measures  for  emigrating  to  some 
place  imder  the  dominion  of  France,  or  to  some  other  country  where  the  priests  of 
their  religion  would  be  tolerated, — the  provincial  statute  1700-1,  chap.  1,  which  pro- 
scribed all  Roman  Catholic  clergymen,  on  pain  of  perpetual  imprisonment,  being  still 
in  force  in  Massachusetts. 

The  Count  D'Estaing,  governor-general,  as  early  as  June  1764,  had  issued  an  in- 
vitation to  them  to  settle  in  San  Domingo;  but  the  policy  of  allowing  these  subjects 
of  Great  Britain  to  thus  change  their  allegiance,  being  doubted  by  Gov.  Bernard,  he 
issued  his  proclamation  forbidding  their  departure  until  he  could  receive  advice  and 
'     direction  from  the  ministry. 

The  distressed  condition  of  these  strangers,  and  the  burden  they  imposed  upon 
the  several  towns  among  which  they  were  distributed,  made  it  imperative  that 
speedy  provision  should  be  made  for  them  somewhere  outside  of  the  province, 
where  they  might  settle,  as  British  subjects,  and  eventually  become  self-sustaining; 
and  therefore  the  newly  acquired  territory  of  Canada,  where,  by  the  terms  of  the 
treaty,  Romish  priests  and  Protestant  ministers  enjoyed  equal  toleration,  seemed 
the  most  available  place  for  their  future  habitation. 

This  chapter  was  enacted  to  provide  for  defraying  the  expenses  of  relieving  ^nd 
transporting  them;  and  the  following  extracts  show  the  progress  of  some  of  the 
events  and  of  the  measures  which  resulted  in  its  enactment.  See,  also,  note  to  1757- 
58,  chap.  7,  ante. 

"  Mr.  Secretary  came  down  from  His  Excellency  the  Governor  with  the  following 
Message,  Viz. 

Gentlemen  of  the  House  of  Representatives. 

At  the  beginning  of  this  Session  I  sent  a  Message  to  you  recommending  a  Petition 
of  some  French  Acadians,  to  which  I  have  received  no  Answer.  I  now  recommend 
to  you  another  Petition  of  the  Acadians  in  general,  which  I  desire  you  would  im- 
mediately take  into  your  Consideration. 

Ever  since  I  have  been  Governor  of  this  Province  I  have  had  great  Compassion 
for  this  People,  as  every  one  must,  who  has  considered  that  it  was  by  the  Exigencies 
of  War,  rather  than  any  Fault  of  their  own,  that  they  were  removed  from  a  state  of 
Ease  and  Affluence,  and  brought  into  Poverty  and  Dependauce ;  from  which  in  their 
present  situation  they  can  see  no  prospect  of  being  delivered.  I  have  heretofore 
made  several  Attempts  to  get  them  settled  in  some  manner  that  might  make  them 
useful  Subjects  of  Great-Britain,  and  comfortable  to  themselves;  but  I  have  failed 
for  want  of  Ability. 

You  have  now  an  Opportunity  at  no  great  Expence  to  dispose  of  these  People,  so 
that,  instead  of  being  a  Burthen  to  the  Province  and  to  themselves,  as  they  are  like 


[Notes.]  PEOvrNCE  Laws.— 1766-67  947 

to  continue  whilst  they  remain  here;  they  may  become  a  fresh  accession  of  Wealth 
and  Strength  to  the  British  Empire  in  America;  as  it  is  certain  that  tlieir  Industry 
only  waits  for  Property  to  exert  itself  upon,  without  which  no  one  will  be  industri- 
ous. I  therefore  hope  you  will  improve  this  Occasion;  and  in  so  doing  you  will 
unite  public  Spirit  with  Charity,  Fka.  Bernard. 

Council-Chamber  Feb.  13,  17(JH. 

Bead  and  Ordered,  That  this  Message  be  considered  at  three  o'Clock  Afternoon." 
— House  Journal,  p.  272. 

"Feb.  20.  17G().  In  the  House  of  Representatives.  Upon  the  Petition  of  the 
Accadians  Resolved  That  the  Commissary  General  be  directed  forthwith  to  put  in 
Execution  the  Resolve  of  the  whole  Court  of  the  lo""  of  February  last  respecting 
said  Accadians,  and  if  they  refuse  to  go  to  the  several  Towns  to  which  they  were 
assigned  by  order  of  this  Court,  that  then  the  House  Rent  and  provisions  they 
now  receive  be  withdrawn,  and  that  they  still  be  deemed  as  Inhabitants  of  the 
Towns  to  which  they  are  originaly  assigned.  But  in  case  any  of  tliem  should  be  in 
such  necessitous  circumstances  as  to  require  immediate  Relief  and  support  they 
shall  be  relieved  at  the  charge  of  the  Province  'till  they  are  in  circumstances  to  return 
to  the  Towns  to  which  they  belong. 
In  Council,  Read  and  Nonconcurred."— Co(/?JC(7  Records,  vol.  XXVI.,  p.  193. 
"  Sir.  I  received  some  time  ago  your  Letter  of  the  25'^  Feby  relative  to  the 
Accadians  in  your  Province:  I  think  it  will  be  for  the  good  of  the  British  Empire  in 
General,  and  that  of  this  Province  in  particular  that  these  people  were  Settled  here 
upon  the  same  footing  with  his  Majestys  New  Canadian  Subjects,  and  therefore  I 
shall  not  hesitate  to  receive  them.  But  as  they  formerly  refused  to  take  the  Oath 
of  Allegiance  &  abjuration,  and  by  their  Petition  to  me,  it  appears  they  expect 
to  be  supported  here  at  the  expence  of  Government  until  they  can  provide  for  them- 
selves, I  think  it  necessary  to  inclose  my  Answer  to  their  Petition,  which  I  beg  j"ou 
will  be  pleased  to  have  communicated  to  them  in  such  a  way  that  none  may  plead 
ignorance:  this  will  prevent  future  heartburnings  &  reproaches  on  either  side." — 
Extract  from  letter  of  Gov.  Murray  to  Gov.  Bernard,  Apr.  28,  17GG:  Mass.  Archives,  vol. 
24,  p.  570. 

"  June  9, 1766.  The  Secretary  went  down  to  the  House  of  Representatives  with 
the  following  Message,  and  the  Letter  from  Governor  Murray  and  the  Petition  from 
the  French  Accadians  therein  referred  to;  the  Message  is  A'iz' 

Gentlemen  of  the  House  of  Representatives 

According  to  the  desire  of  the  House  last  Session,  I  sent  two  Accadians  in  Feb- 
ruary last  with  Letters  to  his  Excellency  Governor  Murray :  One  of  them  is  since 
returned  and  has  brought  Letters  from  Gov  Murray,  expressing  his  readiness  to 
receive  the  Accadians  if  they  shall  be  transported  thither;  but  signifying  his  Inabil- 
ity for  want  of  a  proper  Fund  to  make  any  provision  for  them  upon  their  arrival. 
The  Accadians  are  willing  to  go,  and  have  given  in  Lists  of  those  who  are  ready  to 
the  amount  of  Eight  huudred  and  ninety  persons.  They  have  also  given  in  another 
Petition  praying  some  provision  may  be  made  for  supporting  them  for  a  little  time 
after  their  arrival.  All  which  I  lay  before  You,  that  you  may  do  herein  as  you 
shall  think  most  proper.       Fra.  Bernard." — Council  Records,  vol.  XXVI.,  p.  245. 

"  June  11,  1760.  On  a  Motion  made  and  seconded.  Ordered,  That  Mr.  Wood,  Capt. 
Tliaijer,  Capt.  Saunders,  Mr.  Oliver,  and  Mr.  .lohnson,  be  a  Committee  to  inquire 
into  the  State  and  Circumstances  of  the  Accadians  in  the  Province,  and  report  what 
is  proper  to  be  done.  The  said  Committee  are  instructed  to  enquire  how  far  the 
Orders  of  this  Court  relating  to  said  Accadians  have  been  comply'd  with,  and 
whether  any  Provision  has  been  since  made  for  them  at  the  Expence  of  this  Gov- 
ernment."— House  Journals,  p.  73. 

"  June  18,  1766.  The  Committee  appointed  to  enquire  into  the  State  and  Circum- 
stances of  the  French  Accadians  in  the  Province  made  report. 

Ordered,  That  Mr.  Otis,  Col.  Bowers,  and  Mr.  Saijward,  be  a  Committee  to  pre- 
pare a  Resolve  to  prevent  their  being  further  supplyed  at  the  Expence  of  the  Gov- 
ernment, and  to  consider  what  is  proper  to  be  done  respecting  the  Money  already 
advanced  for  that  Purpose." — Ibid  ,2).  95. 

"June  25,  1766.  Ordered,  That  Mr.  Wood,  Capt.  Saunders,  and  Col.  Prescot  o£ 
Groton,  be  a  Committee  to  prepare  an  Answer  to  his  Excellency's  Message  relating 
to  the  French  Neutrals." — Ibid.,  p.  126. 

"  June  26,  1766.  Cap'  Saunders  and  Others  from  the  House  of  Representatives 
waited  on  his  Excellency  the  Governor  with  the  following  Message 

May  it  please  your  Excellency.  The  House  have  duly  attended  to  your  Excel- 
lencys  Message  of  the  9"'  Instant  relative  to  the  French  Accadians;  and  by  Gov- 
ernor Murrays  Letter  accomjmnying  the  same  We  find  he  is  ready  to  receive  them; 
but  your  Excellency  is  pleased  to  inform  us,  that  Gov  Murray  has  .signified  to  you 
his  inability  for  want  of  a  proper  Fund  to  make  any  provision  for  them  upon  their 
arrival  there. 

As  this  Province  has  been  at  great  expence  in  supporting  them  here,  and  have 
taken  other  measures  to  render  them  comfortable;  the  House  can't  think  it  pru- 
dent at  this  time  that  this  Government  should  be  at  any  further  exigence  concern- 
ing them." — Council  Records,  vol.  XXVI.,  p.  291. 

"June  27,  1766.  In  the  House  of  Representatives.  Resolved  That  the  Sum  of 
Forty  eight  pounds,  fifteen  shillings  &  eight  pence  half  penny  which  has  been  paid 
out  of  the  Treasury  of  this  Province  by  order  of  the  Governor  and  Council  for  the 
support  of  sundry  of  the  Accadians,  be  added  to  the  next  years  Tax  of  each  of 
those  Towns  to  which  the  several  persons  for  whose  support  "the  same  money  was 
advanced,  were  assigned,  in  the  same  proportion  as  the  same  was  paid  out,  and  that 
no  further  Sum  be  paid  out  of  the  Treasury  for  the  support  of  any  of  those  peoplo 
without  the  Order  of  this  Court. 


948  Pkovixce  Laws.— 1766-67.  [Notes.] 

^ 

In  Council,  Read  and  Concurred,  with  inserting,  '  Cases  of  absolute  necessity  ex- 
cepted.' 
t  In  the  House  of  Representatives,  Read  &  Nonconcurred." — Ibid.,  p.  29i. 

"  June  6,  1767.  Ordered,  That  Col.  Murray,  Mr.  Hcdl,  and  Col.  Prebhle,  be  a  Com- 
mittee to  enquire  to  what  Towns  those  19  Accadians  belonged,  for  whose  passage  to 
Quebec,  the  Sum  of  thirty-four  Founds  was  advanced  out  of  the  Treasury." — House 
Journals,  p.  28. 

"  June  8,  1767.  A  Petition  of  Elisha  Story,  Physician,  praying  that  he  may  bo 
allowed  the  Sum  of  £13  7,  for  Medicines  and  Attendance  on  divers  sick  Neutrals, 
as  set  forth  in  his  Petition. 

Read  and  not  sustain'd."  — Ibid.,  p.  32. 

"  June  9, 1767.  Ordered,  That  Col.  Bourn,  Maj.  Frye,  and  Capt.  Farley,  be  a  Com- 
mittee to  inquire  into  the  Circumstances  of  Michael  D.  Eagle  a  French  Neutral,  and 
report  to  the  House." — Ibid.,  p.  34. 

"  June  9,  1767.  In  the  House  of  Representatives.  Resolved  that  the  Sum  of 
Forty  eight  shillings  be  paid  out  of  the  Province  Treasury  to  Michael  Daigle  one  of 
the  Nova  Scotia  French  Inhabitants,  to  enable  him  to  transport  himself  and  Family 
from  this  Province  to  Canada. 

In  Council,  Read  &  Concurred,  Consented  to  by  the  Governor." — Council  Rec- 
ords, vol.  XXVII.,  p.  36. 

"  June  10,  1767.  On  a  Motion  made  and  seconded  Ordered,  That  Col.  Bowers, 
Col.  Richmond,  and  Capt.  Sheaffe,  be  a  Committee  to  inquire  by  whose  Determina- 
tion and  Order  the  Charge  of  supporting  any  sick  and  indigent  Persons  in  any  of 
the  Towns  in  this  Province,  have  been  allowed  and  paid  out  of  the  Province  Treas- 
ury: And  also  in  what  Manner  and  by  whom  such  sick  and  indigent  Persons  have 
been  adjudg'd  to  be  the  proper  Charge  of  this  Province,  and  make  report."— i/owse 
Journal,  p.  38. 

"  Jan.  5,  1768.  In  the  House  of  Representatives.  Ordered  that  Col"  Bowers,  ^I"" 
Sayward  and  M""  Hall  be  a  Committee  with  such  as  the  Honbie  Board  shall  join 
to  inquire  into  the  state  of  the  poor  of  this  Province  in  the  Town  of  Boston.  In 
Council,  Read  and  Concurred  and  William  Brattle  and  Jeremiah  Powell  Esq'"^  are 
joined  in  the  affair." — Council  Records,  vol.  XXVII.,  p.  118. 

"  Feb.  26,  1768.  The  Committee  appointed  the  5*  of  January  last  to  enquire 
into  the  State  of  the  Poor  of  this  Province  in  the  Town  of  Boston  presented  a 
Schedule  and  sundry  Accounts  annexed  to  sliew  the  same,  which  was  read  in 
Council  and  sent  down  to  the  House  of  Representatives,  whereupon  they  passed 
the  following  Order  viz' — In  the  House  of  Representatives,  Read  and  Ordered  That 
M'  Dexter,  Cap'  Sheaffe  and  M'  Sayward  with  such  as  the  hon^ie  Board  shall  join 
be  a  Committee  to  agree  with  a  Doctor  to  take  the  care  of  the  poor  of  this  Prov- 
ince in  the  Town  of  Boston,  and  that  the  Committee  notify  the  Selectmen  of  the 
Town  of  Boston  to  attend  upon  them,  if  they  see  cause,  and  the  Committee  are  fur- 
ther directed  to  report  a  full  account  of  the  charges  of  maintaining  the  Province 
poor  in  said  Town  the  year  past. 

In  Council,  Read  and  Nonconcurred." — Ibid.,  p.  259. 

See  1767-68,  chap.  8,  and  note,  for  assessments  on  towns  for  sundry  expenses  in- 
curred by  the  province  for  the  support  of  Acadians. 

Chap.  18.  "  Feb.  12,  1767.  Pursuant  to  agreement  the  two  Houses  proceeded  to 
the  choice  of  Civil  Officers  for  the  present  year,  when  James  Russell  Esq''  was 
chosen  Commissioner  of  Impost  by  a  major  part  of  the  Votes  of  the  Council  and 
House  of  Representatives.  Consented  to  by  the  Governor," — Council  Records,  vol. 
XXVI.,  p.  379. 

Chap.  19.  "  Mar.  20, 1767.  In  the  House  of  Representatives.  "Whereas  the  hon'^'^ 
Sam'  Danforth  Esq''  and  Nathaniel  Hatch  Esqf  two  of  the  Commissioners  by  Law 
appointed  for  adjusting  the  affairs  necessary  for  the  equitable  finishing  the  Land 
Bank,  desire  to  be  excused  from  that  trust,  and  Thomas  Goldthwait  Esq'  another 
of  said  Commissioners  is  removed  to  such  a  distance,  as  that  he  cannot  conveniently 
attend. 

Ordered  that  there  be  three  persons  chosen  by  this  Court  Commissioners  in  their 
room  to  i-eceive  Commission  from  his  Excellency  the  Governor;  and  that  a  Bill  be 
brought  in  impowering  such  Commissioners  as  may  be  ajipointed  by  this  Court  to 
execute  their  Commission. 

In  Council,  Read  &  Concurred." — Council  Records,  vol.  XXVI.,  p.  484. 

Chap.  21.  "  June  12,  1764.  A  Petition  "of  Benjamin  Hallowell  Esq'' — Setting 
forth.  That  soon  after  the  late  great  Fire  in  Boston  an  Act  passed  for  regulating  the 
Streets  in  that  part  of  the  Town,  and  a  Committee  was  appointed  for  that  purpose: 
That  the  said  Committee  had  projected  a  new  Street,  and  the  Petitioner  whose 
House  was  burned  in  said  Fire  built  a  new  one  in  conformity  to  said  projection;  but 
that  the  Committee  on  the  last  day  of  their  Sitting  laid  the  same  aside  and  carried 
the  Street  23^  feet  into  the  Petitioners  Shipyard  where  it  will  cost  at  least  £150 — 
Sterling  to  fill  up  the  Dock  and  make  Land  fit  for  the  purpose.  And  Praying  that 
Bread  Street  may  be  made  to  cross  Milk  Street  so  as  to  be  continued  up  to  the  Front 
of  the  Petitioners  said  House,  the  Petitioner  agreeing  to  pay  for  such  land  as  shall 
be  laid  out  for  the  continuing  said  Street  as  aforesaid,  as  it  shall  be  apprizffi  \!,^  "aTiy 
judicious  men. 

In  the  House  of  Representatives  Read  and  Ordered  That  the  PeAVdoner  serve  the 
Clerk  of  the  Town  of  Boston  with  a  copy  of  this  Petition,  tha*^„  they  shew  cause,  if 
any  they  have,  on  the  second  Wednesday  of  the  next  Sittir.g  of  this  Court  why  the 
Prayer  thereof  should  not  be  granted  '' 


[Notes.]  Peovince  Laws.— 1766-67.  9^9 

In  Council  Read  and  Concurred." — Council  Records,  vol.  XXV.,  p.  257. 

"  Feb.  9, 1765.  A  Petition  of  Benj^  Hallowell  Esq"-  praying  for  an  alteration  in  the 
running  of  the  Street  leading  to  Battery  March  by  the  petitioners  House  and  Ship 
yard  as  entered  the  12"'  of  June  last. 

In  Council,  Read  again  together  with  the  Answer  of  the  Town  of  Boston.  And 
Ordered,  That  James  Bowdoin  Esq''  with  such  as  the  Honbie  House  shall  join  be  a 
Committee  to  ascertain  the  value  of  the  several  parcels  of  Land  that  may  be  taken 
for  accomodating  the  Street  as  it  is  proposed  to  be  run,  or  for  accomodating  either  of 
the  parties  concerned,  as  mentioned  in  the  said  petition  or  Answer,  and  bring  in  a 
Bill  accordingly. 

In  the  House  of  Representatives,  Read  and  Concurred,  and  M^  Boardman  and  M' 
Grav  are  joined  in  the  a.&&n."—Ibid.,p.  39(;. 

"June  25,  17(J5.  In  Council.  Voted  that  the  Petition  of  Benj"  Hallowell  with 
the  papers  accompanying  it  relative  to  the  laying  out  a  new  Street  in  the  Town  of 
Boston  be  referred  to  the  next  Session  of  this  Court;  and  in  the  mean  time  that  the 
Committee  prepare  a  Bill  for  the  purpose  mentioned  in  said  Petition,  and  papers, 
and  report  the  same  at  the  next  Session.  In  the  House  of  Representatives.  Read 
and  Concurred."— I6id.,  vol.  XXVI.,  p.  61. 

Chap.  22.  "  Their  Lordships  took  into  consideration  twelve  Acts  passed  in  the 
Province  of  Massachusets  Bay  in  February  and  March  last,  together  with  Sir 
Mathew  Lamb's  Report  thereupon. 

Ordered  that  the  Act  entituled  An  Act  for  effechtally  preventing  the  ciirrency  of  the 
Bills  of  Credit  of  Connecticut,  New  Hampshire  and  Rhode  Island  within  tins  Province 
be  taken  into  further  consideration  on  this  day  se'nnight  and  that  the  principal 
merchants  trading  to  the  New  England  Colonies,  be  desired  to  attend  the  Board  on 
that  day." — Extract  from  Minutes  of  the  Board  of  Trade,  Dec.  1,  17G7:  "  Trade 
Papers,^'  vol.  GO,  p.  335. 

"  Tlieir  Lordships  took  into  further  consideration  the  Act  passed  in  the  Province 
of  Massachusetts  Bay  for  prevent inc/  the  currency  of  Bills  of  Credit  of  the  neif/hbourinf/ 
Govern'^  and  M''  Alderman  Trecothick  and  M>"  Bernard  two  principal  Merchants 
trading  to  the  New  England  Colonies  attending,  their  Lordships  had  some  discourse 
■with  them  upon  the  subject  of  this  Act,  which  they  stated  to  have  had  a  salutary 
effect  and  that  it  was,  in  their  opinion,  a  measure  accompanied  with  benefit  to  tlie 
mercantile  interest  but  submitted  the  propriety  of  the  several  provisions  to  tlieir 
Lordships  consideration." — Ibid.,  p.  339:  Dec.  8, 17G7. 


ACTS, 

Passed     1767—68. 


[951] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-seventh  day  of  May,  A.D.  1767. 


CHAPTER    1. 

AN  ACT  FOR  GRANTING  THE  SUM  *  THIRTEEN  HUNDRED  POUNDS,  FOR 
THE  SUPPORT  OF  HIS  MAJESTY'S  GOVERNOR. 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  sum  of  thirteen  hundred  pounds  be  and  hereby  is  granted  Grant  of  £1,300, 
unto  his  most  excellent  majest}-,  to  be  paid  out  of  the  public  treas-   oniVrmajL-stT's 
nry  to  his  excellenc}',  Francis  Bernard,  Esquire,  captain-general  and   governor, 
governor-in-chief  in  and  over  his  majcst3-'s  province  of  the  Massachu- 
setts Bay,  to  enable  him  to  cany  on  the  affairs  of  this  government. 
[^Passed  June  4  ;  published  June  25. 


CHAPTER    2. 


AN  ACT  FOR  INCORPORATING  THE  NORTH-EAST  QUARTER  OF  THE 
TOWNSHIP  OF  RUTLAND,  IN  THE  COUNTY  OF  WORCESTER,  INTO  A 
DISTRICT  BY  THE  NAME   OF  HUBBARDSTON. 

Whereas  the  inhabitants  of  the  north-east  quarter  of  the  township  of 
Rutland,  in  the  county  of  Worcester,  labour  under  many  and  great  dif- 
ficulties, b}^  reason  of  their  not  being  erected  into  a  distinct  and  separate 
district ;  wherefore, — 

Be  it  enacted  by  the  Governor,  Council  aiid  Jloicse  of  Representa- 
tives, 

[Sect.  1.]  That  the  said  north-east  quarter  of  Rutland,  as  hei'eafter 
described  ;  viz"^'^.,  bounded,  southerly,  on  the  town  of  Rutland  ;  easterly-, 
on  Princetown  ;  northerly,  on  Templetown  ;  and,  westerly,  on  Rutland 
district, — be  and  is  hereby  incorporated  into  a  district  by  the  name  of 
Hubbard ston ;  and  that  the  said  district  be  and  hereb}'  is  invested  with 
all  the  powers,  priviledges  and  immunities  that  towns  in  this  province 
by  law  do  or  may  enjoy,  that  of  sending  a  representative  to  the  general 
court  only  excepted  ;  and  that  the  inhabitants  of  said  district  shall  have 
liberty,  from  time  to  time,  to  join  with  the  town  of  Rutland  in  chusing  a 
representative  ;  and  shall  be  notified,  b}'  the  selectmen  of  said  town  of 
Rutland,  of  the  time  and  place  of  election,  by  giving  seasonable  notice 
to  the  clerk  of  the  said  district  for  the  time  being,  of  the  time  and  place 
of  the  said  meeting,  to  the  end  that  the  said  district  may  join  them 


Preamble. 


*  Sic:  "of"  omitted. 


Hubbardston 
erected  into  a 
district,  by  cer- 
tain bounds : 


— to  join  with 
Rutland  in 
choosing  a  rep- 
resentative. 


953 


954: 


Peovince  Laws.— 1767-68. 


[Chap.  3.] 


Proviso. 


A  tax  laid  for 
repairing  roads. 


John  Mun-ay, 

Esq.,  to  issue 
his  warrant  for 
calling  a  meet- 
ing: 


— town  clerk  of 
llutland  to  de- 
liver him  copies 
of  last  lists  of 
valuations. 


therein  ;  and  the  clerk  of  said  district  shall  set  up,  in  some  public  place 
in  said  district,  a  notification  thereof  accordingly- ;  which  representative 
may  be  cliosen  indifferently  from  said  town  or  district ;  the  pay  and 
allowance  of  such  representative  to  be  borne  by  said  town  and  district 
in  proportion  as  they  shall,  from  time  to  time,  pay  to  the  province  tax. 

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,  the  town  of  llutland,  in  like  manner  as  if  this  act  had  not  been  made. 

And  he  it  farther  enacted, 

[Sect.  3.]  That  there  be  laid  a  tax  of  one  penny  per  acre  upon  all 
the  lands  lying  in  said  district,  for  one  year  only,  to  enable  the  inhabit- 
ants of  said  district  to  make  and  repair  roads. 

And  he  it  farther  enacted, 

[Sect.  4.]  That  John  Murray,  Esq^,,  of  said  Rutland,  be  and 
hereby  is  directed  and  empowered  to  issue  his  warrant,  directed  to  some 
principal  inhabitant  within  said  district,  requiring  him  to  warn  the  in- 
habitants of  said  district,  qualified  to  vote  in  town  affairs,  to  assemble, 
at  some  suitable  time  and  place,  in  said  district,  to  chuse  all  such  offi- 
cers as  are  necessary  to  manage  the  affairs  of  said  district. 

And  he  it  further  enacted, 

[Sect.  5.]  That  the  town  clerk  of  the  town  of  Rutland,  before  the 
first  meeting  of  the  said  district  of  Hubbardston,  shall  deliver  to  said 
John  Murray,  Esqi^'^.,  copies  of  the  last  lists  of  valuations  of  the  real 
and  personal  estates  of  the  inhabitants  of  said  district  of  Hubbardston, 
in  order  to  determine  the  qualifications  of  voters  at  said  meeting  ;  and 
that  the  inhabitants  who  shall  appear,  by  said  lists,  to  be  voters,  accord- 
ing to  law,  shall  be  allowed  to  vote.  [^Passed  June  13  ;  puhlished 
June  25. 


CHAPTEE    3. 


Preamble. 


AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  LEBANON, 
LYING  AT  THE  HEAD  OF  THE  TOWN  OF  BERWICK,  ADJOINING  ON 
THE  EASTERN  SIDE  OF  SALMON  FALLS  RIVER,  IN  THE  COUNTY 
OF  YORK,  INTO  A  TOWN  BY  THE  NAME   OF  LEBANON. 

Whereas  the  erecting  the  plantation  called  Lebanon,  into  a  town, 
will  greatly  contribute  to  the  growth  thereof,  and  remedy  many  incon- 
veniencies  to  which  the  inhabitants  and  proprietors  may  be  otherwise 
subject, — 

Be  it  enacted  hy  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  plantation  aforesaid,  bounded  as  followeth  ;  viz., 
begining  at  Salmon  Fall  River,  in  the  north  bounds  of  the  township 
of  Berwick,  and  to  run,  north-east  and  by  east,  with  that  line,  six  miles 
two  hundred  rods  ;  then,  north-west  and  by  north,  six  miles  and  eighty 
rods,  with  the  province  land ;  then,  south-west  and  by  west,  with  the 
unappropriated  lands  of  the  government,  and  a  grant  made  to  Jonathan 
Bagley,  Esq.,  to  the  river  aforesaid;  and  then,  with  the  said  river,  to 
the  bounds  first  mentioned, — be  and  hereby  is  erected  into  a  town  by 
the  name  of  Lebanon  :  and  that  the  inhabitants  thereof  be  and  hereby 
are  invested  with  all  the  powers,  priviledges  and  immunities  which  the 
inhabitants  of  the  towns  within  this  province  do  enjoy. 

And  he  it  further  enacted, 
Benjamin  Chad-       [Sect.  2.]     That  Benjamin  Chadburne,  Esq.,  be  and  hereby  is  im- 


Lebanon  erected 
into  a  town,  by 
certain  bounds. 


[1st  Sess.] 


Pkovince  Laws. — 1767-68. 


955 


powered  to  issue  his  warraut,  directed  to  some  principal  inhabitant  in  bume,  Esq.,  to 
said  town,  requiring  him  to  warn  the  inhabitants  of  the  said  town,  who  lanTforcriung 
have  an  estate  of  freehold  according  to  charter,  to  meet  at  suclr  time  a  meeting. 
and  place  as  shall  be  therein  set  forth,  to  chuse  all  such  officers  as  are 
or  shall  be  required  by  law  to  manage  the  affairs  of  the  said  town. 
[^Passed  June  17  ;  xmhlished  June  25. 


CHAPTER   4. 

AN  ACT  FOR  INCORPORATING  THE  SOUTH-WESTERLY  PART  OF  DEER- 
FIELD,  IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  DISTRICT  BY  THE 
NAME   OF  CONWAY. 


Whereas  it  appears  to  this  court  that  the  incorporating  the  south- 
westerly' part  of  the  town  of  Deerfield,  in  the  county  of  Hampshire, 
into  a  seperate  district,  would  relieve  the  inhabitants  alread}^  settled 
there,  from  man}'  difficulties  they  now  labour  under,  and  tend  greatly  to 
encourage  others  to  settle  thereon, — 

Be  it  therefore  enacted  hy  the  Governor,  Council  and  House  of 
Representatives, 

[Sect.  1.]  That  the  south-westerly  part  of  the  said  town  of  Deer- 
field,  bounding  as  follows  ;  viz.,  east,  on  the  Seven-mile  Line,  so  called, 
until  it  comes  to  Deerfield  River ;  south,  upon  the  north  line  of  the 
town  of  Hatfield  ;  west,  on  the  east  line  of  Ashfield ;  north,  partly-  on 
the  North-west  Division,  so  called,  until  it  naeet  with  Deerfield  River, 
and  thence,  by  said  river,  until  it  come  to  the  Seven-mile  Line  aforesaid, 
— be  and  hereby  is  erected  into  a  district  b}^  the  name  of  Conway  :  and 
that  the  inhabitants  thereof  be  vested  with  all  the  powers,  priviledges 
and  immunities  which  the  inhabitants  of  the  towns  within  this  province 
do  enjoy,  excepting  only  the  priviledge  of  sending  a  representative  to 
the  general  assembly  ;  and  that  the  inhabitants  of  said  district  shall 
have  libert}',  from  time  to  time,  to  join  with  the  town  of  Deerfield  in 
the  choice  of  a  representative  or  representatives  ;  which  representatives 
may  be  chosen  indifferently  from  said  town  or  district,  or  the  district 
of  Greenfield,  already  joined  with  said  town  of  Deerfield  ;  the  pay  and 
allowance  of  such  representatives  to  be  borne  by  said  town  and  dis- 
tricts, according  to  their  respective  proportions  of  the  province  tax ; 
and  that  the  town  of  Deerfield,  as  often  as  they  shall  call  a  meeting  for 
the  choice  of  representatives,  shall,  from  time  to  time,  give  seasonable 
notice  to  the  clerk  of  the  said  district  of  Conway,  for  the  time  being,  of 
the  time  and  place  for  holding  said  meeting,  to  the  end  that  the  said 
district  ma}^  join  therein  ;  and  the  clerk  of  said  district  shall  set  up,  in 
some  public  place  in  said  district,  a  notification  thereof  accordingly : 
the  meeting  for  the  choice  of  representatives  to  be  held  in  the  town 
of  Deerfield,  and  to  be  regulated  by  the  selectmen  of  said  Deerfield. 

And  he  it  further  enacted, 

[Sect.  2.]  That  the  said  district  of  Conway  shall  pay  their  propor- 
tion of  all  town,  county  and  province  taxes  already  set  on,  or  granted 
to  be  raised,  as  if  this  act  had  not  been  made  ;  and  in  future  taxes, 
until  the  further  order  of  this  court,  shall  pay  a  like  proportion  as 
they  paid  in  the  last  province  and  county  taxes  laid  on  the  town  of 
Deerfield,  and  that  it  be  deducted  from  Deerfield  tax. 

And  he  it  further  enacted, 

[Sect.  3.]  That  Elijah  Williams,  Esq.,  be  and  hereby  is  impowered 
to  issue  his  warrant,  directed  to  some  principal  inhabitant  in  said  dis- 


Preamble. 


Conway  erected 
into  a  district, 
by  certain 
bounds : 


— to  join  with 
Deerficlcl  in 
choosing  a  rep- 
resentative ; 


— meeting  for 
the  choice,  to  be 
held  in  Deer- 
field : 

— to  pay  their 
proportion  of 
certain  taxes. 


Elijah  Williams, 
Esq.,  to  issue 
bis  warrant  for 


956 


PuovmcE  Laws. — 1767-68. 


[Chap.  5.] 


calling  a  meet- 


Who  shall  te 
allowed  to  vote 
at  Euid  mcetiug. 


trict  of  Conway,  requiring  hiin  to  warn  the  inhabitants  of  the  said 
district,  in  order  to  chuse  such  oflScers  as,  by  law,  towns  are  im- 
powered  to  chuse  in  the  month  of  March,  annually. 

Be  it  enacted, 

[Sect.  4.]  That  the  inhabitants  of  the  said  district  of  Conway, 
who,  in  the  last  tax  in  the  town  of  Deerficld,  were  rated  one-half  part 
so  much  for  their  estates  and  faculties  as  for  one  single  pole,  shall  be 
allowed  to  vote  in  their  first  meeting,  and  such  other  meetings  as  may 
be  called  in  said  district,  until  a  valuation  of  estates  shall  be  made  by 
assessors  there.     [Passed  June  17  ;  inihlished  June  25. 


CHAPTER   5. 

AN  ACT  FOR   SUPPLYING   THE    TREASURY  WITH  THE  SUM  OF  EIGH- 
TEEN THOUSAND  THREE  HUNDRED  POUNDS. 


Preamble. 


Treasury  sup. 
])licd  with 
£18,o00. 


IIow  appro- 
priated. 


Whereas  no  provision  is  made  to  defrc}^  the  charges  of  government 
for  the  present  ycax ;  and  ivhereas  the  treasurer  has  represented  to  this 
court,  that,  when  the  taxes  for  the  year  one  thousand  seven  hundred  and 
sixtj-six  are  paid  into  the  treasury,  with  the  excise  upon  spirituous 
liquors,  there  will  be  a  surplusage  in  the  treasury  of  at  least  eighteen 
thousand  three  hundred  pounds, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Mepresenta- 
tives, 

[Sect.  1.]  That  the  treasurer  be  and  he  is  hereby  directed  to  apply 
the  aforesaid  sum  of  eighteen  thousand  three  hundred  pounds  to  defrey 
the  charges  of  government  for  the  ensuing  .year,  to  be  issued  in  the 
manner  following ;  that  is  to  say,  the  sum  of  eight  thousand  pounds, 
part  of  the  aforesaid  sum  of  eighteen  thousand  three  hundred  pounds, 
shall  be  applied  for  the  payment  of  grants  made  or  to  be  made  by 
this  court ;  and  the  further  sum  of  three  thousand  thi-ee  hundred 
pounds,  part  of  the  aforesaid  sum  of  eighteen  thousand  three  hun- 
dred pounds,  shall  be  applied  for  the  payment  of  his  majest3's  council 
and  the  members  of  the  house  of  representatives  serving  in  the  great  and 
general  court  during  the  several  sessions  of  the  present  jear  ;  and  the 
further  sum  of  five  hundred  pounds,  part  of  the  aforesaid  sum  of 
eighteen  thousand  three  hundred  pounds,  shall  be  applied  for  the  pur- 
chasing provisions  and  the  commissaiy's  disbursements  for  the  service 
of  the  several  forts  and  garrisons  within  this  province  ;  and  the  further 
sum  of  two  thousand  pounds,  part  of  the  aforesaid  sum  of  eighteen 
thousand  three  hundred  pounds,  shall  be  applied  for  the  discharge  of 
debts  owing  from  this  province  to  persons  who  have  served  and  shall 
serve  them,  by  order  of  this  court,  in  such  matters  and  things  where 
there  is  no  establishment  nor  an}'  certain  sum  assigned  them  for  that 
purpose,  and  for  paper,  writing  and  printing  for  this  court,  and  repairs 
of  the  province-house,  court-house,  lighthouse,  wood  at  Castle  William, 
and  repairs  of  fortifications  within  this  province ;  and  the  further  sum 
of  four  thousand  pounds,  part  of  the  aforesaid  sum  of  eighteen  thou- 
sand three  hundred  pounds,  shall  be  applied  for  the  pa3ment  of  ex- 
pences  of  the  several  forts  and  garrisons  within  this  province  ;  and  the 
further  sum  of  four  hundred  pounds,  part  of  the  aforesaid  sum  of 
eighteen  thousand  three  hundred  pounds,  shall  be  applied  for  the  paj-- 
ment  of  the  bounty  upon  wheat  and  flour ;  and  the  further  sum  of 
one  hundi'ed  pounds,  part  of  the  aforesaid  sum  of  eighteen  thousand 
three  hundred  pounds,  shall  be  applied  to  pay  such  contingent  and  un- 
foreseen charges  as  may  arise,  and  for  no  other  purpose  whatever. 


[1st  Sess.]  Province  Laws.— 1767-68. 


957 


And  be  it  further  enacted, 

[Sect.  2.]  That  the  treasurer  pay  the  aforesaid  sum  of  eighteen  Treasurer  to 
thousand  three  hundred  pounds  out  of  such  appropriations  as  shall  be 
directed  by  warrant,  and  no  other ;  and  the  secretary  to  whom  it  be- 
longs to  keep  the  muster-rolls  and  account  of  charge,  shall  lay  before 
the  house  of  i-epresentatives,  when  they  direct,  such  muster-i-olls  and 
accounts  of  charge,  after  paj-ment  thereof.  [^Passed  June  19  ;  'pub- 
lished June  2.0. 


pay  the  money 
out  of  tbe  ap- 
propriations 
directed  by 
warrant. 


CHAPTEK    6. 


AN  ACT  FOR  CONFIRMING  THE  VOTES  AND  ORDERS  OF  THE  PRO- 
PRIETORS OF  THE  TOWN  OF  ROYALSTON,  SINCE  THE  FOURTH  DAY 
OF  JUNE,  IN  THE  YEAR  ONE  THOUSAND  SEVEN  HUNDRED  AND 
SIXTY-FOUR. 

Whereas  at  a  meeting  of  the  proprietors  of  the  town  of  Eoj-alston,  Preamble, 
held  at  Cambridge,  in  the  county  of  Middlesex,  on  the  fourth  daj^  of 
June,  in  the  year  one  thousand  seven  hundred  and  sixt^'-four,  the 
standing  clerk  of  the  said  propriety  being  necessarily^  absent,  Caleb 
Dana,  Esq.,  was  then  chosen  clerk, /)ro  liae  vice,  but  not  sworn;  and 
the  meeting  aforesaid  was  adjourned  from  time  to  time,  and  man^^ 
votes  of  great  consequence  to  said  propriety  were  passed  at  the  several 
meetings,  by  adjournment,  since  the  said  fourth  day  of  June,  and  a 
division  made  of  the  greatest  2)art  of  the  proprietors'  land  in  said  town, 
and  deeds  passed  in  consequence  of  said  meeting,  and  the  several 
adjournments  thereon ;  and  the  proprietors  have  made  application  to 
this  court  to  aid  them  so  far  as  to  confirm  the  said  meeting  of  the 
fourth  day  of  June  aforesaid,  and  all  the  subsequent  proceedings 
thereon  at  their  several  adjournments,  the  omission  of  the  said  Dana's 
being  sworn  notwithstanding  ;  therefore, — 

Be  it  enacted  dy  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  meeting  of  the  said  proprietors  of  Royalston,  of  the  fourth  Votes  and 
day  of  June,  one  thousand  seven  hundred  and  sixty-four,  and  all  the  o'^iers  since  the 
votes  and  orders  passed  at  said  meeting,  and  the  several  meetings  they 
have  had  by  adjournments  since,  and  all  their  proceedings  as  to  a 
division  of  their  lands,  and  every  other  act  or  acts,  thing  or  things,  by 
them  done  on  the  said  fourth  day  of  June,  one  thousand  seven  hundred 
and  sixt^'-four,  and  at  their  several  adjournments  since,  be  and  hereby 
are  confirmed,  to  all  intents  and  purposes,  as  full}'  as  if  the  said  Caleb 
Dana  had  been  dulv  and  seasonably  chosen  and  sworn  to  the  faithful 
discharge  of  his  said  trust :  provided,  the  said  Caleb  make  solemn  oath  proviso, 
that  he  has  truly  and  faithfully-  entred  the  votes  and  proceedings  of  said 
proprietoi-s,  at  each  and  every  of  the  meeting  aforesaid  wherein  he 
acted  as  clerk,  and  a  certificate  of  such  oath  be  entred  in  the  records 
of  the  said  proprietors.     \_Passed  June  20  ;  published  June  25. 


4th  of  June, 
1764,  declared 
valid. 


958 


Pkovince  Laws.— 1767-68. 


[Chap.  7.] 


CHAPTER   7. 


AN  ACT  FOE,  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  ONE 
HUNDRED  AND  TWENTY-FIVE  THOUSAND  EIGHT  HUNDRED  AND 
FIFTY  POUNDS,  TO  BE  APPLIED  FOR  THE  REDEMPTION  OF  GOVERN- 
MENT SECURITIES  THAT  WILL  BECOME  DUE  IN  THE  YEAR  OF  OUR 
LORD  ONE  THOUSAND   SEVEN  HUNDRED   AND   SIXTY-EIGHT. 


Treasury  sup- 
plied with 
£125,850. 


1749-50,  chap. 
19. 


Form  of  tho 

treasurer's 

notes. 


Treasurer  to  oT)- 
Bcrve  the  direc- 
tions of  the  act 
of  the  2d  of  his 
present  majesty. 

1761-62,  chap. 
23. 


Money  bor- 
rowed, to  be 
applied  for  the 
redemption  of 
government 
securities. 


Be  it  enacted  by  the  Governor,  Council  and  House  of  Hepresenta- 
tives, 

[Sect.  1.]  That  the  treasurer  of  the  province  be  and  he  hereby  is 
directed  and  impowered  to  borrow,  of  such  person  or  persons  as  shall 
appear  ready  to  lend  the  same,  from  time  to  time,  as  he  shall  have 
occasion  for  the  money,  a  sura  not  exceeding  one  hundred  and  twenty- 
five  thousand  eight  hundred  and  fifty  pounds,  in  mill'd  dollars  at  six 
shillings  each,  or  in  the  several  species  of  coined  silver  and  gold  enu- 
merated in  an  act,  made  aud  passed  in  the  twenty-third  year  of  his  late 
majesty  King  George  the  Second,  intituled  "An  Act  for  ascertaining 
the  rates  at  which  coined  silver  and  gold,  English  halfpence  and  far- 
things, ma}' pass  within  the  government;"  and  the  sum  so  borrowed 
shall  be  applied  in  manner  as  in  this  act  is  hereafter  directed  ;  and  for 
the  said  sum  the  treasurer  shall  give  his  receipt  or  obhgation  in  the 
form  following : — 

Province  of  the  Massachusetts  Bay,  the  day  of  ,  A.D. 

Borrowed  and  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  promise  and  oblige  myself  and  successors  in  the  office  of  treas- 
urer to  repay  the  said  or  to  his  order,  tlie  twentieth  day  of 
June,  one  thousand  seven  hundred  and  sixty-nine,  the  aforesaid  sum  of 

,  in  Spanish  mill'd  dollars  at  six  shillings  each,  or  in  the 
several  species  of  coined  gold  and  silver  enumerated  in  an  act,  made  and 
passed  in  the  twenty-third  year  of  his  late  majesty  King  George  the  Second, 
intituled  "An  Act  for  ascertaining  the  rates  at  which  coined  silver  and  gold, 
English  halfpence  and  farthings,  may  pass  within  the  government,"  and 
according  to  the  rates  therein  mentioned,  with  the  interest,  annually,  at  five 
per  cent. 

Witness  my  hand,  H.  G.,  Treasurer. 

A.  B.,^ 

C.  D.,  >  Committee. 
E.  F.,) 

— and  no  receipt  shall  be  given  for  less  than  six  pounds. 

[Sect.  2.  And  the  treasurer,  in  issuing  said  receipts  and  obliga- 
tions, and  the  committee  chosen  to  countersign  them,  shall  observe  and 
be  governed  b}'  the  rules  and  directions  given  them  b}^  an  act  of  this 
province,  made  in  the  second  3'ear  of  his  present  majesty's  reign,  inti- 
tuled "An  Act  to  suppl}^  the  treasury  with  the  sum  of  twenty-five  thou- 
sand pounds." 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  said  sum  of  one  hundred  and  twenty-five  thou- 
sand eight  hundred  and  fift}'  pounds,  ordered  to  be  borrowed  by  this 
act,  when  received  into  the  treasuiy,  shall  be  applied  by  the  treasurer 
for  the  redemption  of  government  securities  that  will  become  due  iu 
June,  one  thousand  seven  hundred  and  sixt3'-eight. 

And  iu  order  to  draw  said  money  into  the  treasuiy  again,  and  enable 
the  treasurer  effectually  to  discharge  the  receipts  and  obligations  (with 
the  interest  that  may  be  due  thereon) ,  l)y  him  given  in  pursuance  of 
this  act,  we,  his  majesty's  most  dutiful  and  lo^'al  subjects,  the  repre- 
sentatives of  the  province  of  the  Massachusetts  Bay,  in  great  and  gen- 


[1st  Sess.]  Peovince  Laws. — 1767-68. 


959 


eral  court  assembled,  have  chearfully  given  and  granted  unto  bis  most 
excellent  majesty  a  tax  of  one  bundred  and  thirt3'-two  thousand  one 
hundred  and  forty-two  pounds  ten  sbiiUngs,  to  be  levied  on  polls,  and 
estates  both  real  and  personal,  within  the  province,  according  to  such 
rules,  and  in  such  proportions  on  the  several  towns  and  districts  within 
this  province,  as  shall  be  agreed  on  and  ordered  b}^  the  great  and  gen- 
eral court  or  assembly  at  their  session  in  Ma3',  one  thousand  seven 
hundred  and  sixty-eight,  and  to  be  paid  into  the  public  treasury  on  or 
before  the  thirt3'-first  da^'  of  March,  one  thousand  seven  hundred  and 
sixtj'-nine  ;  and  prav  that  it  may  be  enacted, — 

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

[Sect.  4.]  That  there  be  and  hereby  is  granted  unto  his  most  ex- 
cellent majesty  the  sum  of  one  hundred  and  thirty-two  thousand  one 
hundred  and  fort3'-two  pounds  ten  shillings,  to  be  accordingly  levied 
on  polls,  and  estates  both  real  and  personal,  within  the  province, 
according  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  assembl3'  at  their  session  in  Ma3-,  one  thousand 
seven  hundred  and  sixt3--eight,  and  to  be  paid  into  the  public  treasur3- 
on  or  before  the  thirt3-first  da3-  of  March,  one  thousand  seven  hundred 
and  sixt3'-nine. 

And  be  it  further  enacted, 

[Sect.  5.]  That  if  the  general  court,  at  their  sessions  in  Ma3',  one 
thousand  seven  hundred  and  sixt3'-eight,  and  some  time  before  the 
twentieth  da3'  of  June  in  said  3'ear,  shall  not  agree  and  conclude  upon 
an  act  apportioning  the  sums  which  b3'  this  act  are  engaged  to  be 
paid  in  said  3'ear,  apportioned,  assessed  and  levied,  then  and  in  such 
case  each  town  and  district  within  this  province  shall  pa^',  b3"  a  tax  to 
be  levied  on  the  polls,  and  estates  both  real  and  personal,  within  their 
limits,  the  same  proportion  of  the  said  sum  as  the  said  towns  and  dis- 
tricts were  taxed  by  the  general  court  in  the  tax  act  then  last  preceed- 
ing.     , 

[Sect.  6.]  And  the  province  treasurer  is  hereby  impowered  and 
directed,  some  time  in  the  month  of  June,  in  the  same  3'ear,  one  thou- 
sand seven  hundred  and  sixt3-eight,  to  issue  and  send  forth  his  war- 
rants, 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  parts  and  proportions  of  the  sums  before  directed  and 
engaged  to  be  assessed,  to  be  i)aid  into  the  treasury  at  or  before  the 
aforementioned  time  ;  and  the  assessors,  as  also  persons  assessed,  shall 
observe,  be  governed  b3',  and  subject  to,  all  such  rules  and  directions  as 
shall  have  been  given  in  the  then  last  preceeding  tax  act.  \_Passed 
June  20  ;  published  June  25. 


Tax  granted  for 
the  sum  bor- 
rowed, to  be 
paid  into  the 
treasury  31s6 
March,  176». 


If  the  court 
shall  not  appor- 
tion the  tax  in 
May,  1768,  the 
tax  shall  then 
be  apportioned 
as  in  the  tax  act 
preceding. 


Province  treas- 
urer to  issue  his 
warrants 
accordingly. 


CHAPTEE    8. 


AN  ACT  FOR  APPORTIONING  AND  ASSESSING  A  TAX  OF  FORTY  THOU- 
SAND POUNDS;  AND  ALSO,  FOR  APPORTIONING  AND  ASSESSING  A 
TAX  OF  THREE  THOUSAND  AND  TWENTY-SIX  POUNDS  AND  FIVE 
SHILLINGS,  PAID  THE  REPRESENTATIVES  FOR  THEIR  TRAVEL^ 
SERVICE  AND  ATTENDANCE  IN  THE  GENERAL  COURT  IN  THE' 
YEAR  ONE  THOUSAND  SEVEN  HUNDRED  AND  SIXTY-SIX;  AND 
ALSO,  FOR  ASSESSING  THE  TOWN  OF  SWANZEY  THE  SUM  OF  FIFTY 


960  PEOvmcE  Laws.— 1767-68,  [Chap.  8.] 

POUNDS,  BEING  PART  OF  THE  SUM  OF  THREE  HUNDRED  POUNDS 
LENT  SAID  TOAVN  IN  THE  YEAR  ONE  THOUSAND  SEVEN  HUNDRED 
AND  SIXTY-FOUR;  AND  ALSO,  FOR  ASSESSING  THE  TOWN  OF  NEW- 
BURY THE  SUM  OF  SEVENTY-THREE  POUNDS  TEN  SHILLINGS  AND 
TENPENCE,  AND  THE  TOWN  OF  NEWBURYPORT  THE  SUM  OF  FIFTY- 
EIGHT  POUNDS  FIFTEEN  SHILLINGS  AND  TENPENCE,  BEING  TAXES 
ARISING  BY  MEANS  OF  A  DEFECTIVE  CONSTABLE,  IN  THE  YEAR 
ONE  THOUSAND  SEVEN  HUNDRED  AND  SIXTY-ONE ;  AND  ALSO 
FOR  ASSESSING  THE  TOWN  OF  CHELSEA  THE  SUM  OF  SEVENTY- 
ONE  POUNDS  NINETEEN  SHILLINGS  AND  ONE  PENNY,  ARISING  BY 
MEANS  OF  A  DEFECTIVE  CONSTABLE,  IN  THE  YEAR  ONE  THOU- 
SAND SEVEN  HUNDRED  AND  FORTY-NINE;  AND  ALSO,  FOR  ASSESS- 
ING THE  TOWN  OF  MIDDLEBOROUGH  THE  SUM  OF  SIXTY-EIGHT 
POUNDS  FOUR  SHILLINGS  AND  EIGHTPENCE,  ARISING  BY  MEANS 
OF  A  DEFECTIVE  CONSTABLE,  IN  THE  YEAR  ONE  THOUSAND 
SEVEN  HUNDRED  AND  SIXTY-TWO;  AND  ALSO,  FOR  ASSESSING 
THE  DISTRICT  OF  SOUTH  HADLEY  THE  SUM  OF  THIRTEEN  POUNDS 
SEVEN  SHILLINGS  AND  FIVEPENCE,  PAID  OUT  OF  THE  PUBLICK 
TREASURY  TO  A  COMMITTEE  SENT  THERE  BY  THE  GENERAL 
COURT;  AND  ALSO,  FOR  ASSESSING  THE  DISTRICT  OF  SOUTH  BRIM- 
FIELD  THE  SUM  OF  FOUR  POUNDS  FOUR  SHILLINGS,  PAID  OUT  OF 
THE  PUBLICK  TREASURY  TO  A  COMMITTEE  SENT  THERE  BY  THE 
GENERAL  COURT;  AS  ALSO,  FOR  ASSESSING  GREAT  BARRINGTON  THE 
SUM  OF  THREE  POUNDS  AND  THREEPENCE,  PAID  JOSEPH  HAWLEY, 
ESQ.,  SENT  THERE  BY  ORDER  OF  THE  GENERAL  COURT;  AND  ALSO, 
FOR  ASSESSING  THE  SEVERAL  TOWNS  IN  THE  COUNTY  OF  HAMP- 
SHIRE THE  SUM  OF  ELEVEN  POUNDS  TEN  SHILLINGS,  PAID  OUT 
OF  THE  PUBLICK  TREASURY  TO  A  COMMITTEE  SENT  TO  THE  TOWN 
OF  WESTFIELD;  AND  ALSO,  FOR  ASSESSING  SUNDRY  TOWNS  IN 
THE  COUNTY  OF  WORCESTER  THE  SUM  OF  ONE  HUNDRED  AND  SIX- 
TY-SEVEN POUNDS  THREE  SHILLINGS  AND  FOURPENCE,  ABATED 
UPON  THE  TOWN  OF  WINCHENDON;  AND  ALSO,  FOR  ASSESSING 
UPON  SEVERAL  TOWNS  AND  DISTRICTS  THE  SUM  OF  THIRTY-SIX 
POUNDS  NINE  SHILLINGS  AND  ELEVENPENCE,  PAID  OUT  OF  THE 
PUBLICK  TREASURY  FOR  THE  SUPPORT  OF  FRENCH  NEUTRALS; 
ALL  WHICH  SUMS  AMOUNT  TO  FORTY-THREE  THOUSAND  FIVE 
HUNDRED  AND  EIGHTY-FIVE  POUNDS  AND  FOURPENCE. 

"Whereas  tlie  great  and  general  court  or  assembly  of  this  province, 
1766-67  chap.  3  ^y  ^^  ^^^  made  and  passed  at  their  sessions  in  Ma3',  one  thousand 
§4"     '  '  seven  hundred  and  sixty-six,  on  the  grant  of  the  house  of  representa- 

tives, agreed  upon  and  ordered  a  tax  of  one  hundred  and  fift3'-seven 
thousand  pounds  ;  and  tvhereas  by  the  act  aforesaid  provision  is  made 
that  the  general  court,  at  their  present  session,  might  apportion  the 
same  on  the  several  towns,  districts,  parishes  and  places  within  this 
province,  if  they  should  think  fit ;  yd  inasmuch  as  such  a  heavy  tax 
will  be  extremely  burthensomc  to  the  inhabitants  of  tliis  province, 
under  their  present  distressed  circumstances,  and  as  some  of  the  pos- 
sessors of  the  government  secm'ities,  for  the  redemption  of  which  the 
aforesaid  sum  of  one  hundred  and  fift3'-seven  thousand  pounds  is  ap- 
plied, are  willing  to  continue  their  money,  upon  loan,  payable  at  a  fur- 
ther period,  which,  with  the  tax  of  forty  thousand  pounds  now  agreed 
to  be  assessed  and  levied  this  year,  will  be  sufficient  to  redeem  the  gov- 
ernment securities,  with  the  interest  thereon,  which  will  become  due  in 
June,  one  thousand  seven  hundred  and  sixtj-eight ;  wherefore,  for  the 
ordering,  directing  and  effectually  drawing  in  the  sum  of  forty-three 
thousand  five  hundred  and  eighty-five  pounds  and  fourpcnce,  and  to 
the  end  that  the  same  may  be  apportioned,  assessed  and  levied  in  the 
easiest  manner  we  are  able,  for  the  benefit  of  his  majesty's  subjects, 
and  also  that  his  majest3-'s  government  within  this  province  ma3-  have 
the  better  and  more  speed3'  effect  of  said  grant,  we,  his  majesty's  most 


[1st  Sess.]  PEOvrNCE  Laws.— 1767-68.  961 

lo3'al  and  dutiful  subjects,  the  representatives  in  general  court  assem- 
bled, pray  that  it  may  be  enacted, — 

And  be  it  accordingly  enacted  by  the  Governor,  Council  and  House  of 
Hepresentatives, 

[Sect.  1.]  That  each  town,  district,  parish  or  other  place  within 
this  province,  be  assessed  and  pa3',  as  such  town,  district,  parish  and 
place's  proportion  of  the  sum  of  forty-three  thousand  five  hundred  and 
eighty-five  pounds  and  fourpence,  the  several  sums  following ;  that  is 
to  say, — 


962 


Province  Laws. — 1767-68. 


[Chap.  8.] 


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[1st  Sess.]  Pkovince  Laws. — 1767-68. 


963 


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Cambridge 
Charlestow 
Watertown 
Woburn    . 
Concord    . 
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Marlboroug 
Billerica  . 
Fraininghai 
Lexington 
Chelmsford 
Sherburne 
Sudbury  . 
Maiden     . 
Weston     . 

964: 


Pkovince  Laws.— 1767-68. 


[Chap.  8.] 


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967 


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970 


Province  Laws.— 1767-68. 


[Chap.  8.] 


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[1st  Sess.] 


Pr.ovrxcE  Laws. — 1767-68. 


971 


Treasurer  to 
issue  his  war- 
rant to  the 
eelectmen  or 
assessors. 


assessment. 


And  he  it  further  enacted^ 

[SpxT.  2.]  That  the  treasurer  do  forthwith  send  out  liis  warrants, 
directed  to  the  selectmen  or  assessors  of  each  town,  district,  parish  or 
other  place  within  this  province,  that  are  taxed,  requiiing  them,  respec- 
tivel}',  to  assess  the  sum  hereb}-  set  upon  such  town,  district,  parish  or 
other  place,  in  manner  following;  that  is  to  sa^y,  to  assess  all  rateable  Rules  for 
l)olls  above  the  age  of  sixteen  years,  within  their  respective  towns,  dis- 
tricts, parishes  or  other  places,  or  next  adjoining  to  them,  belonging  to 
no  other  town  or  place,  at  five  shillings  and  fourpence,  and  proportion- 
ably  in  assessing  the  additional  sum  paid  out  of  the  treasury  to  the 
representatives,  for  their  travel  and  attendance  aforesaid  (excepting  the 
governor,  lieutenant-governor  and  their  families,  the  president,  fellows, 
professors,  Hebrew  instructor  and  students  of  Harvard  College,  settled 
ministers  and  grammar-school  masters,  who  are  hereby  exempted  as 
well  from  being  taxed  for  their  polls,  as  their  estates  being  in  their  own 
hands,  and  under  their  actual  management  and  improvement ;  as  also 
the  estate  pertaining  to  Harvard  College)  ;  and  other  persons,  if  such 
there  be,  who,  through  age,  infirmity  or  extreme  poverty,  in  the  judg- 
ment of  the  assessors,  are  not  able  to  pay  towards  public  charges,  the}' 
may  exempt  their  polls  or  estate,  or  abate  part  of  what  they  are  set  at, 
as  in  their  prudence  they  shall  think  fit  and  judge  meet. 

[Sect.  3.]  And  the  justices  in  their  general  sessions,  in  the  respec- 
tive counties  assembled,  in  granting  a  county  tax  or  assessment,  are 
hereby  ordered  and  directed  to  apportion  the  same  on  the  several 
towns,  districts,  parishes  and  other  places  in  such  county,  in  propor- 
tion to  the  province  rate  ;  and  the  assessors  of  each  town  in  the  prov- 
ince are  also  directed,  in  making  an  assessment,  to  govern  themselves 
by  the  same  rule  ;  and  the  incomes  of  all  estates,  both  real  and  personal, 
lying  within  the  limits  of  such  town,  district,  parish  or  other  place,  or 
next  unto  the  same,  not  paying  elsewhere,  in  whose  hands,  tenure,  occu- 
pation 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,  facult}-,  business  or  employment  what- 
soever, and  all  profits  which  shall  or  may  arise  b}-  monc}',  or  commis- 
sions of  profit,  in  their  improvement,  at  twelvepence  per  pound  ;  and  to 
abate  or  multiply  the  same,  if  need  be,  so  as  to  make  up  the  sum  set 
and  ordered  hereby  for  each  town,  district,  parish  or  other  place  to 
pay ;  and  in  making  the  said  assessment,  to  estimate  houses  and  lands 
at  six  years'  yearlj^rent  whereat  the  same  ma}'  be  reasonably  set  or 
let  for  in  the  place  where  they  Ij'e :  saving  all  agreements  between 
landlord  and  tenant,  and  where  no  agreement  is,  the  landlord  to  reim- 
burse one-half  of  the  tax  set  upon  such  houses  and  lands  (new  cleared 
lands  for  tillage  not  to  be  rated  until  the  first  crop  be  taken  off)  ;  and  to 
estimate  negro,  Indian  and  molatto  servants  proportion  ably  as  other 
personal  estate,  according  to  their  sound  judgment  or  discretion  ;  as 
also  to  estimate  every  ox  of  four  years  old  and  upwards,  at  forty  shil- 
lings ;  every  cow  or  heifer  of  three  years  old  and  upwards,  at  thirty 
shillings  ;  and  every  horse  and  mare  of  three  years  old  and  upwards,  at 
forty  shillings  ;  and  every  swine  of  one  j'ear  old  and  upwards,  at  eight 
shillings ;  goats  and  sheep  of  one  year  old  and  upwards,  at  three 
shillings  each  ;  the  several  creatures  above  mentioned  to  be  taxed  to 
their  respective  owners  or  occupants,  by  the  assessors  of  the  town  in 
which  the  owners  or  occupants  dwell :  likewise  requiring  the  assessors 
to  make  a  fair  list  of  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  if  as  guardians, 
or  for  any  estate,  in  his  or  her  improvement,  in  trust,  to  be  distinctly 


972 


Pkovixce  Laws. — 1767-68. 


[Chap.  8.] 


Lists  to  be  com- 
mitted to  con- 
Btablea  or  col- 
lectors. 


Treasurer  to 
issue  his  war- 
rants to  consta- 
bles or  collect- 
ors. 


Notice  to  be 
given  to  the  in- 
habitants to 
bring  in  a  true 
list  of  polls,  and 
estate  in  pos- 
session, the  first 
day  of  Septem- 
ber. 


expressed ;  and  the  list  or  lists  so  perfected,  and  signed  b}'  them,  or 
the  major  part  of  them,  to  commit  to  the  collector,  or  constable  or  con- 
stables of  any  such  town,  district,  parish  or  other  place,  and  to  return 
a  certificate  of  the  name  or  names  of  such  collector,  constable  or  con- 
stables, with  the  sum  total  to  each  of  them  committed,  unto  himself, 
some  time  before  the  last  day  of  November  next. 

[Sect.  4.]  And  the  treasurer,  for  the  time  being,  on  receipt  of  such 
certificate,  is  hereb}'  impowered  and  ordered  to  issue  forth  his  warrants 
to  the  collector,  or  constable  or  constables  of  such  town,  district,  parish 
or  place,  requiring  him  or  them,  respectively,  to  collect  the  whole  of 
each  respective  sum  assessed  on  each  particular  person,  and  to  pa}'  in 
their  collection,  and  issue  their  accompts  of  the  whole,  at  or  before  the 
thirtieth  day  of  March,  which  will  be  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  sixtj'-eight. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  assessors  of  each  town,  district,  parish  or  other 
place,  respectively",  in  convenient  time  before  their  making  of  the  assess- 
ment, shall  give  seasonable  warning  to  the  inhabitants,  in  a  town- 
meeting  or  b}'  posting  up  notifications  in  some  place  or  places  in  such 
town,  district,  parish  or  place,  or  notify  the  inhabitants  some  other  way, 
to  give  and  bring  in  to  the  assessors  true  and  perfect  lists  of  their 
polls  and  rateable  estate  thej'  shall  be  possessed  of  on  the  first  day  of 
September  next,  and  income  by  trade  or  faculty,  and  gain  by  money  at- 
interest,  which  they  are  to  render  to  the  assessors,  on  oath,  if  required  ; 
and  if  the}'  refuse  to  give  in  an  account  of  the  money  at  interest,  on 
oath,  the  assessors  are  impowered  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  i)roportion  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  by  legal  proof,  in  the 
judgment  of  said  assessors,  in  bringing  in  a  false  list ;  the  said  fines 
to  be  for  the  use  of  the  poor  of  such  town,  district,  parish  or  place 
where  the  delinquent  lives,  to  be  levied  by  warrant  from  the  assessors, 
directed  to  the  collectors  or  constables,  in  manner  as  is  directed  for 
gathering  the  town  assessments,  to  be  paid  into  the  town,  district  or 
parish  treasury,  for  the  use  aforesaid  :  saving  to  the  party  aggrieved  at 
the  judgment  of  the  assessors  in  setting  forth  such  fine,  libert}'  of  appeal 
therefrom  to  the  court  of  general  sessions  of  the  peace  within  the 
county,  for  relief  as  in  the  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  appli- 
cation to  the  court  of  general  sessions,  for  any  abatement  of  the  assess- 
ment laid  on  him  or  them. 

[Sect.  6.]  And  if  the  person  be  not  convicted  of  any  falseness  in 
the  list,  b}-  him  presented,  of  the  polls,  rateable  estate,  or  income  by 
trade  or  facult}',  business  or  employment,  which  he  does  or  shall  exer- 
cise, or  in  gain  by  money  at  interest  or  otherwise,  or  other  estate  not 
particularl}'  assessed,  such  list  shall  be  a  rule  for  such  person's  propor- 
tion to  the  tax  which  the  assessors  may  not  exceed. 

And  forasmuch  as,  oftentimes,  sundiy  persons,  not  belonging  to  this 
province,  bring  considerable  trade  and  merchandize  into  the  same,  and 
by  reason  that  the  tax  or  rate  of  the  town  where  they  came  to  is  finished 
and  delivered  to  tlie  constable  or  collectors,  and,  before  the  next  year'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  by  trade,  and  had  the  protection  of 
the  government, — 


[1st  Sess.] 


Province  Laws.— 1767-68. 


973 


Be  it  therefore  enacted^ 

[Sect.  7.]  That  when  any  person  or  pei'sons  shall  come  and  reside 
in  any  town  within  this  province,  and  bring  any  merchandize,  or  trade 
to  deal  therewith,  the  assessors  of  such  town  are  hereby  iuipowered  to 
rate  and  assess  all  such  persons,  according  to  their  circumstances,  pur- 
suant to  the  rules  and  directions  of  tliis  act  provided,  though  the  former 
rate  maj'  have  been  finished,  and  a  new  one  not  perfected,  as  aforesaid. 

And  he  it  further  enacted, 

[Sect.  8.]  That  when  any  merchant,  trader  or  factor,  shall  set  np  a 
store,  and  trafBck,  or  carry  on  any  trade  or  business,  in  an}^  town  within 
this  province,  not  being  an  inhabitant  of  such  town,  the  assessors  of 
such  town  where  such  trade  and  business  shall  be  carried  on  as  afore- 
said, be  and  hereby  are  impowered  to  rate  and  assess  all  such  merchants, 
traders  and  factors,  their  goods  and  merchandize,  for  carr3'ing  on  such 
trade  and  business  and  exercising  their  facult}'  in  such  town,  pursuant 
to  the  rules  and  directions  in  this  act :  x>^'ovided,  before  any  such 
assessors  shall  rate  such  persons,  as  aforementioned,  the  selectmen  of 
the  town  where  such  trade  is  carried  on  shall  transmit  a  list  of  such 
persons  as  thej-  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  enjoined  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  the^'  carry  on  their  trade,  and  pay  the  same. 

And  zvhereas  it  has  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  pa3ing  their  part  of  the  taxes  in 
the  town  of  Boston,  to  which  they  really  belong,  to  the  great  injur}'' 
of  the  said  town, — 

Be  it  therefore  enacted, 

[Sect.  10.]  That  when  any  inhabitant  of  the  town  of  Boston  shall 
remove  to  any  other  town  in  this  province,  and  shall,  in  one  year  after, 
remove  back  to  said  Boston,  and  shall  have  been  taxed  in  the  said  town, 
shall  be  subject  to  pa}'  said  taxes,  in  like  manner  as  he  would  have  been 
had  he  not  have  removed  from  said  Boston  {saving  so  much  as  he  shall 
be  taxed  in  the  town  removed  to) ,  anything  in  this  act  to  the  contrary' 
notwithstanding. 

And  be  it  further  enacted, 

[Sect.  11.]  That  the  inhabitants  of  the  town  of  Ashbj',  in  the 
county  of  Middlesex,  shall,  the  present  .year,  pay  province  and  county 
taxes  in  the  several  towns  from  whence  it  was  set  off,  said  town  of 
Ashb}'  not  having  certified  this  court  the  proportion  of  taxes  they  paid 
in  the  said  town  the  last  3'ear ;  and  the  assessors  and  collectors  or 
constables  of  the  several  towns  from  whence  said  town  of  Ashby  was 
taken,  are  hereby  impowered  to  assess  and  collect  the  same.  \_Fassed 
June  23. 


Transient 
traders  to  be 
rated. 


Merchants  to  be 
rated  for  carry- 
ing on  trade  in 
any  town  be- 
sides where 
they  dwell. 


Selectmen  to 
transmit  a  list  of 
such  persons 
before  Ihey  are 
rated. 


Inhabitants  of 
Boston  who  I'e- 
move  out  of 
town,  and  re- 
turn in  a  year, 
to  pay  their 
taxes  in  said 
town. 


Inhabitants  of 
Ashby  to  pay 
taxes  in  the 
several  towns 
from  whence  it 
was  set  off. 


CHAPTER    9. 


AN  ACT   FOR  REVIVING   AND   CONTINUING   SUNDRY   LAWS  THAT  ARE 
EXPIRED,  AND  NEAR   EXPIRING. 


Whereas  the  several  acts  hereinafter  mentioned,  which  are  now  ex-  Acts  revived. 
pired  or  near  expiring,  have  been  found  useful  and  beneficial;  viz., 
two  acts  made  in  the  thirteenth  3'ear  of  the  reign  of  King  George  the 
Second ;  one,  intitled  "An  Act  for  the  elfectual  preventing  of  horses  and  Por  preventing 


dU 


Peovince  Laws.— 1767-68. 


[Chap.  9.] 


Lorses,  &c., 
fteding  on 
Plumb  Island. 
1739-40,  chap.  8, 
Ditto,  in  Prov- 
incetown. 
1740-41,  cb.  15. 

For  regulating 
assize  of  cask. 

Ditto,  of  meas- 
uring gr;iin. 
1742-43,  cb.  4. 
For  preventing 
damage  to  Bil- 
lingsgate Bay. 
1742-43,  cb.  11. 
Preventing  law- 

HUitS. 

1742-43,  cb.  25. 
Kegulating 
townsbips. 
1742-43,  cb.  28. 
Preventing  rais- 
cbief  by  unruly 
dogs  in  Nan- 
tucket. 
1743-44,  cb.  6. 
Preventing  de- 
struction of 
white-pine  trees. 
1743-44,  cb.  14. 
Preventmg  dam- 
age to  Cape  Cod 
Harbor. 
1744-45,  cb.  27. 
Ditto,  Nosset 
Meadow. 
1746-47,  cb.  27. 
Providing  for 
ministers  in  new 
plantations. 
1750-51,  ch.  21. 
Kegulating 
fences. 

1750-51,  cb.  22. 
Empowering 
proprietors  of  a 
meeting-bouse 
in  Salem. 
1753-54,  cb.  14. 
Securing  the 
growth  of  wood 
at  Ipswich  and 
"Wenbam. 
1754-55,  cb.  21. 
Preventing  dam- 
age to  the 
beaches,  &c.,  at 
iScituate. 
1755-56,  ch.  9. 
Regulating  judi- 
cial proceedings, 
1756-57,  cb.  28. 
Preventing  dam- 
age on  Barnsta- 
ble Meadows, 
&c. 

1757-58,  cb.  5. 
Regulating 
Indians. 
1758-59,  cb.  6. 
Preventingfraud 
in  cord-wood. 
1758-59,  cb.  16. 

Regulating 
fences. 

1758-59,  cb.  33.  1 
Preventing  dam- 
age at  Monu- 
ment Ponds. 
1759-60,  ch.  38. 

Preventing  the 
stealing  of  sheep 
at  Martha's 
Vineyard. 
1760-Ail,  ch.  35. 


neat  cattle,  sheep  and  swine,  from  running  at  large  or  feeding  upon  a 
certain  island  called  Plumb  Island,  lying  in  Ipswich  Ba}^,  in  the  county 
of  Essex  ;  "  the  other,  intitled  "An  Act  to  prevent  damage  being  done 
to  the  harbour  of  Cape  Cod,  by  cattle  and  horse-kind  feeding  on  Prov- 
incetown  lands  ; ' '  four  acts  made  the  sixteenth  j-ear  of  the  said  reign  ; 
one,  intitled  "An  Act  in  addition  to  and  for  rendering  more  effectual 
an  act  for  the  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  preventing  fraud 
and  injustice  in  the  measuring  of  grain;"  another  act,  intitled  "An 
Act  to  prevent  damage  being  done  unto  Billingsgate  Ba}',  in  the  town 
of  Eastham,  by  cattle  and  horse-kind  and  sheep  feeding  on  the  beach  and 
island  adjoining  thereto  ;  "  another  act,  intitled  "An  Act  to  prevent  the 
multiplicity  of  lawsuits ; "  another  act,  intitled  "An  Act  in  further  ad- 
dition to  and  explanation  of  an  act,  intitled  'An  Act  for  regulating 
townships,  choice  of  town  officers,  &c.  ; '  "  two  acts  made  in  the  seven- 
teenth year  of  the  same  reign  ;  one  act,  intitled  "An  Act  for  preventing 
mischief  bj'  unruly  dogs  in  the  island  of  Nantucket ;  "  the  other  act,  in- 
titled  '  '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  made  in  the  eighteenth  year  of  the  same 
reign,  intitled  "An  Act  in  addition  to  the  act  for  preventing  damage  to 
the  harbour  of  Cape  Cod,  b}'  cattle  and  horse-kind  feeding  on  Province- 
town  land  ;  an  act  made  in  the  twentieth  3'ear  of  the  said  reign,  intitled 
"An  Act  to  prevent  damage  being  done  unto  Nosset  Meadow  b}^  cattle 
and  horse-kind  feeding  on  the  beach  adjoining  thereto  ;  "  two  acts  made 
in  the  twentj'-fourth  year  of  the  said  reign  ;  one  act,  intitled  "An  Act 
providing  for  the  support  of  ministers  in  new  plantations  ;  "  the  other 
act,  intitled  "An  Act  in  addition  to  'An  Act  for  regulating  fences,  cattle, 
&c.  ; '  "  an  act  made  in  the  twentj'-seventh  year  of  the  same  reign,  in- 
titled  "An  Act  to  impower  the  proprietors  of  the  meeting-house  in  the 
first  parish  in  Salem,  where  the  Rev'd  Mr.  Dudle}'  Leavitt  now  officiates, 
to  raise  money  to  defrey  ministerial  and  other  necessarj^  charges  ;  "  two 
acts  made  in  the  twenty-eighth  year  of  the  same  reign  ;  one,  intitled  "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  ;  "  another  act,  intitled  "An  Act  to  prevent  damage  being  done 
on  the  beaches,  hummocks  and  meadows  belonging  to  the  town  of 
Scituate,  lying  between  the  southerl}'  end  of  the  Third  cliff,  so  called, 
and  the  mouth  of  the  North  River;  "  two  acts  made  in  the  thirtieth 
year  of  the  said  reign  ;  one  act,  intitled  "An  Act  for  further  regulating 
the  course  of  judicial  proceedings  ;  "  the  other  act,  intitled  "An  Act  to 
prevent  damage  lieing  done  on  the  meadows  and  beaches  lying  in  the 
township  of  Barnstable,  on  the  south  side  of  the  harbour,  contiguous  to 
the  common  field  in  said  town  ;  "  an  act  made  in  the  thirty-first  yesiv  of 
the  said  reign,  intitled  "An  Act  in  addition  to  the  several  acts  for  the 
better  regulating  the  Indians;"  two  acts  made  in  the  thiity-second 
year  of  the  same  reign  ;  one  act,  intitled  "An  Act  in  addition  to  an  act 
intitled  'An  Act  to  prevent  fraud  in  cord-wood  exposed  to  sale  ; '  "  the 
other  act,  intitled  "An  Act  in  addition  to  an  act,  intitled  'An  Act  for 
regulating  of  fences,  cattle,  &c,  ; '  "  one  act  made  in  the  thirty-third 
year  of  the  said  reign,  intitled  "An  Act  to  prevent  damage  on  a  beach 
at  Monument  Ponds,  in  the  township  of  Plymouth,  lying  between  the 
lands  of  the  late  Thomas  Clarke  and  Joseph  Bartlet,  deceased,  and  on 
a  certain  tract  of  marshy  ground  lying  under  water  there  ;  "  one  act 
made  in  the  first  year  of  his  present  majesty's  reign,  intitled  "An  Act 
for  preventing  the  stealing  and  clandestinely  conveying  sheep  away 
from  the  island  of  Martha's  Vineyard  in  Duke's  County;  "  two  acts 


[1st  Sess.] 


Province  Laws.— 1767-68. 


975 


mad.e  in  the  fourth  3'ear  of  the  said  reign  ;  one  act,  intitled  "An  Act  to 
impower  the  proprietors  of  the  meeting-house  in  the  town  of  Newbur^-- 
port,  where  the  Rev'd  Mr.  Jonathan  Parsons  officiates,  to  I'aise  mone}' 
to  defre}^  ministerial  and  other  necessary  charges  ;  "  the  other  act,  in- 
titled  "An  Act  in  addition  to  an  act,  intitled  'An  Act  to  prevent  the 
unnecessary'  destruction  of  alewives  in  the  town  of  Middleborough,'  " — 

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

That  such  of  the  beforementioned  acts  as  are  expired,  be  revived,  and 
such  of  said  acts  as  are  not  yet  expired,  be  continued,  with  all  and  every 
clause,  matter  and  thing  therein  respectively^  contained,  and  shall  be  in 
force  until  the  twentieth  day  of  Jul}',  one  thousand  seven  hundred  and 
seventj'-two,  and  no  longer.     \_Passed  June  24  ;  published  June  25. 


Empowering  the 
proprietors  of  a 
mpetiiig-house 
in  Newburyport. 
1764-65,  ch.  7. 

Preventing  de- 
struction offish, 
at  Middle- 
borough. 
1764-65,  cb.  10. 


CHAPTEK    10. 

AN  ACT   TO    PREVENT  FRAUDS   BY    THE    ADULTERATION   OF   POTASH 

AND  PEARLASH. 


"Whereas  the  manufacture  of  potash  and  pearlash  is  of  great  im- 
portance to  this  government,  and  as  there  are  great  complaints  of  gross 
adulterations  in  said  manufacture,  which,  if  not  prevented,  may  not 
onl}'  be  of  great  disadvantage  to  the  province  in  general,  bat  to  honest 
and  industrious  individuals,  and  wholh*  destroy  that  valuable  branch  of 
manufacture, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Bepresenta- 
tives, 

[Sect.  1.]  That  ever}'  manufacturer  or  original  owner  of  any  pot- 
ash or  pearlash  made  for  sale,  shall,  upon  each  cask  or  vessel,  in 
which  such  potash  or  pearlash  shall  be  packed,  cause  the  same  to  be 
branded  with  the  first  letter  of  his  Christian  name,  and  with  his  sirname 
at  length,  as  also  the  name  of  the  town  or  district  in  which  such  pot- 
ash or  pearlash  was  made  ;  and  every  person  offering  to  sell  any  potash 
or  pearlash,  the  cask  or  vessel  in  which  the  same  is  contained  not 
being  branded,  as  aforesaid,  shall  forfeit  and  pay  the  sum  of  five 
pounds. 

And  be  it  further  enacted, 

[Sect.  2.]  That  any  person  who  shall  adulterate  any  }X)tash  or 
pearlash,  by  mixing  the  same  with  an\'  lime,  marine  salt,  or  an}'  other 
matter  foreign  to  the  nature  of  those  commodities,  or  b}'  an}'  other  way 
or  manner  whatsoever,  and  afterwards  ofl^er  the  same  to  sale,  shall  for- 
feit and  pay  a  sum  not  exceeding  thirty  pounds  nor  less  than  five 
pounds,  according  to  the  nature  of  the  offence,  for  each  ton  thereof, 
and  so,  in  proportion,  for  any  greater  or  smaller  quantity  of  potash  or 
pearlash. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  in  cases  where  a  strong  suspicion  of  adulteration 
arises,  in  either  potash  or  pearlash,  if  any  credible  person  shall  make 
complaint  to  a  justice  of  the  peace,  in  the  county  where  such  potash  or 
pearlash  shall  be  offered  to  sale,  it  shall  be  in  the  power  of  such  justice, 
first  taking  sufficient  security  of  the  person  so  complaining,  to  respond, 
and  pay  the  person  or  persons,  whose  potash  or  pearlash  shall  be  so 
suspected  and  complainetl  of,  all  his  or  their  reasonable  charge  and 
expeuce  and  the  damage  that  shall  arise  by  reason  of  tlie  said  com- 
plaint, or  for  not  prosecuting  the  same,  provided  the  potash  or  pearl- 


Preamble. 
1766-67,  chap.  8. 


Casks  to  be 
branded. 


Penalty  on  mix- 
ing  or  adulter- 
ating. 


Justice,  upon 
complaint,  to 
require  security 
of  the  complain- 
ant to  prosecute, 


91b 


Pkovince  Laws.— 1767-68.  [Chap.  11.] 


Justice  to  issue 
his  warrant  to 
take  out  a  suf- 
ficient quantity 
to  make  trial. 


Penalty  on  re- 
ceiving aboard, 
any  casks  not 
branded. 


Forfeitures  ap- 
plied. 


Continuation  of 
the  act. 


ash,  supposed  to  be  adulterated,  appear,  upon  trial,  to  be  good  ;  and  he 
is  hereb}-  enjoined  to  make  out  a  warrant,  directed  to  the  sheriff,  his 
undersheriff  or  deputy,  or  either  of  the  constables  of  the  town,  requir- 
ing them,  or  either  of  them,  to  seize,  and  take  into  their  custody,  so 
much  of  the  contents  of  any  and  everj'  cask  of  potash  or  pearlash,  not 
exceeding  the  quantity  of  two  pounds,  out  of  each  suspected  cask,  as 
may  be  necessary  in  order  to  the  conviction  of  any  offender  against  this 
act. 

A^id  be  it  further  enacted, 

[Sect.  4.]  That  the  master  or  owner  of  any  ship  or  vessel,  who 
shall  receive  on  board  the  same  any  potash  or  pearlash,  the  cask  con- 
taining the  same  not  being  branded  as  aforesaid,  shall  forfeit  and  pay 
the  sum  of  five  pounds. 

And  be  it  farther  enacted, 

[Sect.  5.]  That  all  fines  and  forfeitures  arising  by  the  breach  of 
this  act,  shall  be  applied,  one  moiety  thereof  to  and  for  the  use  of  this 
government,  and  the  other  moiety  to  and  for  the  use  of  the  prosecutor ; 
to  be  recovered  b}-  action,  bill,  plaint  or  information,  in  any  of  his 
majestj's  courts  of  record. 

[Sect.  6.]  This  act  to  be  in  force  from  the  twentieth  day  of  July 
next,  until  the  twentieth  day  of  July,  Anno  Domini  one  thousand  seven 
hundred  and  sixty-eight.     [^Passed,  and  published  June  25. 


CHAPTER    11. 

AN  ACT  TO  REVIVE  AND  CONTINUE  AN  ACT  MADE  IN  THE  FIFTH 
YEAR  OF  HIS  PRESENT  MAJESTY'S  REIGN,  INTITLED  "  AN  ACT 
FOR  ALLOWING  NECESSARY  SUPPLYS  TO  THE  EASTERN  INDIANS, 
AND  FOR  REGULATING  TRADE  WITH  THEM,  AND  PREVENTING 
ABUSES  THEREIN,"  WHICH  IS  NEAR  EXPIRING. 


Preamble. 


Act  for  regu- 
lating the  Indian 
trade,  revived. 
1764-65,  chap. 
30. 


Whereas  the  aforementioned  act  is  found,  by  experience,  very  bene- 
ficial for  i-egulatiiig  tlie  trade  with  the  Eastern  Indians, — 

Be  it  therefore  enacted  by  the  Governor,  CquucH  and  House  of 
Representatives, 

That  an  act,  intituled  "  An  Act  for  allowing  necessary  supplj's  to  the 
Eastern  Indians,  and  for  regulating  trade  with  them  and  for  preventing 
abuses  therein,"  made  in  the  fifth  year  of  his  present  majestj^'s  reign, 
in  all  and  CA^ery  article  and  clause,  matter  and  thing,  be  and  hereby  is 
revived,  and  shall  be  in  force  until  the  thirtieth  day  of  June,  which  will 
be  in  the  j'ear  of  our  Lord  one  thousand  seven  hundred  and  sixty-eight. 
[^Passed  and  published  June  25. 


[2d  Sess.] 


PaovLNCE  Laws.— 1767-68. 


977 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  THE  Thirtieth  day  of  December,  A.D.  1767. 


CHAPTEE    12. 


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


We,  his  majesty's  most  dutiful  and  103'al  subjects,  the  representatives 
of  the  province  of  the  Massachuset[t]s  Bay,  in  New  England,  being 
desirous  of  lessening  the  publick  debts,  have  chearfully  and  unanimously 
given  and  granted,  and  do  give  and  grant,  to  his  most  excellent  majestj', 
for  the  service  of  this  province,  as  they  shall  hereafter  apply  it,  the 
several  duties  of  impost  upon  all  liquors,  wares,  goods  and  merchandize 
that  shall  be  imported  into  tliis  province,  and  tunnage  of  shipping 
hereafter  mentioned  ;  and  pray  that  it  may  be  enacted, — 

And  be  it  accordlnghj  enacted  by  the  Governor^  Council  and  House  of 
Representatives^ 

[Sect.  1.]  That  from  and  after  the  twenty-fourth  day  of  March,  one 
thousand  seven  hundred  and  si.vty-eight,  to  the  twentj'-fifth  da^'  of 
March,  one  thousand  seven  hundred  and  sixty-nine,  there  shall  be  paid 
by  the  importers  of  all  wine[s],  rum  and  other  liquors,  goods,  wares 
and  merchandize  that  shall  be  imported  into  this  province  by  an}' 
of  the  inhabitants  thereof  (except  what  is  b}'  this  act  hereafter  ex- 
empted), the  several  duties  of  impost  following  ;  viz"^*^., — 

For  every  pipe  of  wine  of  eve r}'  sort,  fire  shillings. 

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

For  ever}-  hogshead  of  tobacco,  ten  shillings. 

And  for  all  other  commodities,  goods  or  merchandize  not  mentioned 
or  not  excepted,  fourpence  for  ever}'  twenty  shillings'  value,  excepting 
such  goods  and  merchandize  the  produce  of  Great  Britain,  and  also 
foreign  goods  and  merchandize,  imported  from  Great  Britain,  either 
direetl}',  or  through  the  channel  of  any  of  his  majesty's  colonies : 
provided  such  foreign  goods  and  merchandize  have  paid  the  duties 
required  b}'  act  of  parliament. 

[Sect.  2.]  And  for  any  of  the  liquors,  goods,  wares  and  merchan- 
dize that  shall  be  imported  in  this  province  b}'  an}'  of  the  inhabit- 
ants of  the  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  said  provinces, 
colonies  or  islands,  there  shall  be  paid  by  the  importers  the  several 
duties  of  impost  following;  viz^*'., — 

For  every  pipe  of  wine  of  every  sort,  ten  shillings. 

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


Preamble. 


Impost  to  be 
paid  from  24th 
March,  1768,  to 
25th  March, 
1769. 


Rates  of  impost. 


Impost  for 
goods,  merchan- 
disc,  &c. : 


— for  liquors, 
goods,  &c.,  be- 
longing to  in- 
habitants of 
other  provinces. 


978 


PROVINCE  Laws.— 1767-68.        [Chap.  12.J 


Proviso. 


Masters  of  ves- 
sels to  make 
report  within 
forty-eigbt 
hours  after  ar- 
rival, and  deliv- 
er a  manifest  to 
the  commis- 
siuuer. 


To  forfeit,  in 
case  of  breaking 
bulk. 


Invoice  to  be 
produced. 


Oath. 


Duties  to  be 
paid  before 
landing. 


For  every  hogshead  of  sugar[s],  eightpence. 

For  every  hogshead  of  molasses,  eightpence. 

For  every  hogshead  of  tobacco,  twent}'  shillings. 

And  for  all  other  commodities,  goods  and  merchandize  not  men- 
tioned or  not  excepted,  eightpence  for  ever}'  twenty  shiUings'  value : 
provided^  ahvays,  that  every  thing  which  is  the  growth  or  produce  of 
the  provinces  or  colonies  aforesaid  (tobacco  excepted),  and  all  provis- 
ions, salt,  cotton-wool,  bar  and  pig  iron,  mahog[a][o]n3',  brazilletto, 
black-walnut,  lignum-vit[ee][oe],  red-cedar,  logwood,  hemp,  raw  skins 
and  hides,  and  also  all  prize  goods  brought  into  and  condemned  in  this 
province,  are  and  shall  be  exempted  from  every  the  rates  and  duties 
afoi'esaid. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  master  of  ever\^  ship  or  vessel  coming  into  this 
province  from  any  other  place,  shall,  within  forty-eight  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 
of  impost  that  is  or  shall  be  appointed  by  this  province,  of  the  contents 
or  loading  of  such  ship  or  vessel,  thei'cin  particularly  expressing  the 
species,  kind  and  quantit[y][;'e.s']  of  all  wines,  liquors,  goods,  wares 
and  merchandize  imported  in  any  such  ship  or  vessel,  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  vessel,  so  far  as  he  knows  or  believes ;  and  that,  if  he  knows  of 
an}'  more  wines,  liquors,  goods,  wares  or  merchandize  laden  on  board 
such  ship  or  vessel,  and  imported  therein,  he  shall  forthwith  make 
report  thereof  to  the  commissioner  aforesaid,  and  cause  the  same  to  be 
added  to  his  manifest. 

And  be  it  further  enacted, 

[Sect.  4.]  That  if  the  master  of  any  ship  or  vessel  shall  break  bulk, 
or  suffer  any  of  the  wines,  liquors,  goods,  wares  and  merchandize  im- 
ported in  such  ship  or  vessel  to  be  unladen  before  report  and  entry 
thereof  be  made  as  aforesaid,  he  shall  forfeit  the  sum  of  one  hundred 
pounds.  ' 

And  be  it  farther  enacted, 

[Sect.  5.]  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  pa3'able,  or 
having  the  same  consigned  to  them,  shall  make  entry  thereof  with  the 
commissioner  aforesaid,  and  produce  an  invoice  of  all  such  goods  as  pay 
ad  valorem,  and  make  oath  before  him  in  the  form  following  ;  viz^'^., — 

You,  A.  B.,  do  swear  that  the  entry  of  goods  and  merchandize,  by  you  made, 
and  the  value  thereof  annexed,  is,  bond  fide,  according  to  your  best  skill  and 
judgment,  agre[e]able  to  the  price  current  or  the  market  price  of  the  said 
goods.     So  help  you  God. 

— which  oath  the  commissioner  or  receiver,  appointed  in  consequence 
of  this  act,  is  hereby  [e][<'']mpowered  and  directed  to  administer;  and 
the  owners  aforesaid  shall  pay  the  said  commissioner,  or  give  security 
to  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.  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 
wharf,  or  in  any  warehouse  or  other  place,  but  in  the  day-time  only, 
unless  in  the  presence  or  with  the  consent  of  the  commissioner  or 
receiver,  on  pain  of  forfeiting  all  such  wines,  liquors,  goods,  wares  and 


[2d  Sess.] 


PROVINCE  Laws. — 1767-68. 


979 


rchandize,  and  the  lighter,  boat  or  vessel  out  of  which  the  same  shall 
be  landed  or  put  into  au}^  warehouse  or  other  place. 

[Sect.  7.]  And  if  an}'  person  or  persons  shall  not  have  and  pro- 
duce an  invoice  of  the  quantities  of  rum  or  other  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.  8.]  That  the  said  commissioner  shall  be  and  hereb}^  is 
allowed  to  give  credit  to  such  person  or  persons  whose  dutv  of  impost  in 
one  vessel  shall  exceed  six  pounds  ;  which  credit  shall  be  so  limited  as 
that  he  shall  settle  and  balUince  his  accompts  with  everv  person,  on  or 
before  the  twent3'-flfth  day  of  March,  one  thousand  seven  hundred  and 
sixtj'-nine,  that  tlie  said  accompts  maybe  produced  to  this  court  as  soon 
as  ma}'  be  after ;  and  for  all  entries  where  the  impost  to  be  paid  doth 
not  exceed  three  shillings,  the  said  commissioner  shall  not  demand  an}'- 
Ihing,  and  not  more  than  sixpence  for  an}-  other  single  entry,  to  what 
value  soever. 

And  be  it  further  enacted, 

[Sect.  9.]  That  the  importer  of  all  wines,  liquors,  goods,  wares 
and  merchandize,  from  and  after  the  twenty-fifth  day  of  March,  one 
thousand  seven  hundred  and  sixty-eight,  and  until  the  twenty-fifth  day 
of  March,  one  thousand  seven  hundred  and  sixty-nine,  by  land-carriage, 
or  in  small  vessels  or  boats,  shall,  within  twenty-four  hours  after  impor- 
tation, 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  morks  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  charged  and 
chargeable  upon  such  wines,  liquors,  goods,  wares  and  merchandize, 
before  the  same  are  landed,  housed,  or  put  into  auy  store  or  place  what- 
soever, under  the  penalty  often  pounds. 

A7id  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  ordinary 
leakage,  besides  extraordinary :  provided  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  shall  pay  no  duty  for  the  same.  And  no 
master  of  any  ship  or  vessel[s]  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  that  port,  on  pain  of  forfeiting  the  sum  of  one  hundred 
pounds. 

[Sect.  11.]  And  if  it  maybe  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  com- 
missioner 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  farther  enacted, 

[Sect.  12.]  That  the  master  of  every  ship  or  vessel  importing  any 
liquors,  wines,  goods,  wares  or  merchandize,  shall  be  liable  to  pay  the 
impost  for  such  and  so  much  thereof,  contained  in  his  manifest,  as  shall 
not  be  duly  entered,  and  the  duty  paid  lor  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,  for  the  mas- 


Commissioner 
allowed  to  give 
credit. 


Importer  by 
land-carriage  or 
in  small  vessels, 
to  make  report. 


Allowance  for 
leakage. 


Master  allowed 
to  detain  goods 
not  entered  or 
the  duty  not 
paid. 


980 


Province  Laws. — 1767-68. 


[Chap.  12.] 


Master  liable  to 
be  sued. 


Ship,  &c.,  liable 
to  be  tiiken  in 
execution. 


Naval  officer 
not  to  clear 
vessels  till  im- 
post be  paid. 


ter  of  every  ship  or  other  vessel,  to  secure  and  detain  in  bis  hands,  at 
the  owner's  risque,  all  such  wines,  liquors,  goods,  wares  and  merchan- 
dize imported  in  an^'  ship  or  vessel,  until  he  receives  a  certificate,  from 
the  commissioner  or  receiver  of  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  mer- 
chandize as  are  not  entered,  unto  the  commissioner  or  receiver  of  im- 
post in  such  port,  or  his  order,  who  is  hereby  [e][i]mpowered  and 
directed  to  receive  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  merchandize  as 
such  master  shall  direct. 

And  be  it  further  enacted, 

[Sect.  13.]  That  the  commissioner  or  receiver  of  impost,  in  each 
port,  shall  be  and  hereby  is  [e][^]mpowered  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,  wai'es  or  merchandize  imported  therein,  accord- 
ing to  the  manifest  to  be  by  him  given  upon  oath,  aforesaid,  as  shall 
remain  not  entered  and  the  duty  of  impost  therefor  not  paid  or  secured 
to  be  paid.  And  where  an}'  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  ap[)oar  as  an  evidence  at  the  court  where  such  suit 
for  the  impost  and  the  duty  thereof  shall  be  brought,  and  be  there  re- 
quired 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  whicli  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  bj-  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  dut}'  of  impost  has  not  been  paid ;  and  upon  judg- 
ment recovered  against  such  master,  the  said  ship  or  vessel,  with  so 
much  of  the  tackle  or  appurtenances  thereof  as  shall  be  sufficient  to 
satisty  the  said  judgment,  may  be  taken  l)v  execution  for  the  same ; 
and  the  commissioner  or  receiver  of  the  impost  is  hereby  [e][i]mpow- 
ered  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,  or  for  the  duty  aforesaitl ;  to 
the  intent,  that  if  judgment  ])e  rendered  for  the  prosecutor  or  informer, 
such  ship  or  vessel  and  appurtenances  may  be  exposed  to  sale,  for  satis- 
faction thereof,  as  is  before  i)rovided  :  2inless  the  owners,  or  some  on 
their  behalf,  for  the  releasing  of  such  ship  or  vessel  from  under  seizure 
or  restraint,  shall  give  sufficient  security  to  the  commissioner  or  receiver 
of  impost  that  seized  the  same,  to  res[)ond  or  satisfy  the  sum  or  value 
of  the  forfeitures  and  duties,  with  the  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  the 
owner[.s],  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 
vessel,  outward  bound,  until  he  shall  be  certified,  by  the  commissioner  or 
receiver  of  impost,  that  the  duty  and  impost  for  the  goods  last  imported 
in  such  ship  or  vessel  are  paid  or  secured  to  be  paid. 


[2d  Sess.] 


Province  Laws.— 17G7-68. 


981 


[Sect.  16.]  And  the  commissionei-  or  rec[ei][/e]ver  of  impost  is 
hereby  [e][i]inpower[e]d  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 
discretion  of  the  commissioner  or  receiver,  not  exceeding  three  per  cent 
of  the  lading ;  and  the  duties  paj'able  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  wines,  rum  or  other  distilled 
spirits  being  brought  into  this  province  from  the  neighbouring  govern- 
ments, by  land,  or  in  small  boats  or  vessels,  or  an}'  other  wa}*,  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.  17.]  That  the  commissioner  and  receiver  of  the  aforesaid 
duties  of  impost  shall,  and  he  is  hereby  [e][i]mpower[e]d  and  enjoined 
to,  appoint  one  or  more  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  there- 
for since  their  being  brought  into  or  relanded  in  [to]  this  government; 
and  such  officer  or  officers  are  [e][t]mpower[e]d  also  to  search,  in  all 
suspected  places,  for  such  wines,  rum  or  other  distilled  spirits,  brought 
or  relanded  in  this  government,  where  the  duty  is  not  paid  as  aforesaid, 
and  to  seize  or  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  deputies  shall  have 
power  to  administer  the  several  oaths  aforesaid,  and  search  in  all  sus- 
pected places  for  all  such  wines,  rum,  liquors,  goods,  wares  and  mer- 
chandize 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  he  it  further  enacted, 

[Sect.  19.]  That  there  shall  be  paid,  by  the  master  of  everj^  ship 
or  other  vessel,  coming  into  any  port  or  ports  of  this  province,  to  trade 
or  traffic  [fc],  whereof  all  the  owners  are  not  belonging  to  this  province 
(excepting  such  vessels  as  belong  to  Great  Britain,  the  jDi'ovinces  or 
colonies  of  Penns^dvania,  West  and  East  Jerse}',  Connecticut,  New 
York,  New  Hampshire,  Rhode  Island  \_and~\  Nova  Scotia) ,  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  governments 
aforesaid,  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  [e]  f i] mpowered 
to  appoint  a  meet  and  suitable  person,  to  repair  unto  and  on  board  any 
ship  or  vessel,  to  take  the  exact  measure  and  t[o][M]nnage  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  owner  or  master  of  said  ship  or  vessel,  before  she  shall  be 
cleared,  in  case  she  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  ac- 
compts.  And  the  naval  officer  shall  not  clear  any  vessel,  until  he  be  cer- 
tified, also,  by  the  commissioner,  that  the  dutj-  of  t[o][?t]nnage  for  the 


Bills  of  store  to 
be  allowed. 


Preamble. 


Commissioner 
to  appoint  dep- 
uties in  places 
where  wines, 
iTjm,  &c.,  may 
be  brought  out 
of  other  govern- 
ments. 


Commissioner 
or  deputy  em- 
powered to 
administer  the 
oaths,  and  to 
searcli  and  seize. 


Tonnage  of 
shipping. 


Vessels  to  be 
measured,  if 
suspected. 


982 


Province  Laws. — 1767-f 


[Chap.  12.] 


Drawback  for 
■wine,  rum,  and 
tea  allowed,  in 
case. 


Proviso. 


Appointment 
and  duty  of  the 
commissioner. 


same  is  paid,  or  that  it  is  such  a  vessel  for  which  noue  is  payable 
according  to  this  act. 

And  be  it  further  enacted, 

[Sect.  21.]  That  when  and  so  often  as  an}-  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  wines  or  rum  shall  make  oath,  at  the 
time  of  the  shipping,  before  the  receiver  of  impost,  or  his  deputy,  that 
the  whole  of  the  wine  or  rum  so  shipped  has,  bondjide,  had  the  duty  of 
impost  aforesaid  paid  on  the  same,  and  shall  afterwards  produce  a  cer- 
tificate, from  some  officer  of  the  customs,  that  the  same  has  been  landed 
out  of  this  government,  —  or  the  master  of  the  vessel  in  which  the  same 
shall  be  exported  shall  make  oath,  before  the  commissioner  or  his  dep- 
uty, that  the  same  has  been  landed  and  left  in  some  port  out  of  the 
government,  and  the  exporter,  upon  producing  such  certificate,  or  upon 
such  oath  of  the  master,  make  oath  that  he  verilv  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 ; 
vizC'].,— 

For  every  pipe  of  wine,  four  shillings. 

For  every  hogshead  of  rum,  seven  shillings. 

Provided,  always, — 

[Sect.  22.]  That  if,  after  the  shipping  of  such  wines  or  rum,  to  be 
exported  as  aforesaid,  and  giving  security  as  aforesaid,  in  oi'der  to 
obtain  the  drawback  aforesaid,  the  wines  or  rum  so  shipped  to  be 
exported,  or  any  part  thereof,  shall  be  relanded  in  tliis  province,  or 
brought  into  the  same  from  an}-  other  province  or  colony,  that  then  all 
such  wine,  rum,  so  relanded  and  l)rought  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  duties  of  impost  and  t[o][i<]nnage  of  shipping,  and  for 
the  inspection,  care  and  n^nagement  of  the  said  office,  and  whatever 
relates  thereunto,  to  receive  commission  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  deputy-receivers  for 
the  said  place,  and  to  collect  and  receive  the  impost  and  t[o][?t]nnage 
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  com- 
missioner 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  t[o][w]nnage  arising  on  said  vessel  ma}'  appear ;  and  the  same  to 
be  open,  at  all  seasonable  times,  to  the  view  and  perusal  of  the  treas- 
urer or  receiver-general  of  this  province  (or  any  other  person  or  per- 
sons whom  this  court  shall  appoint) ,  with  whom  he  shall  account  for  all 
collections  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  commissioner  or  receiver,  and  his  deputy  or  deputies,  before  their 
entering  into  execution  of  their  office  aforesaid,  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  of  the  clock  in  the  afternoon. 

[Sect.  24.]  And  the  said  commissioner  or  receiver,  for  his  labour, 
care  and  expences  in  the  said  office,  shall  have  and  receive,  out  of  the 


[2d  Sess.] 


Province  Laws.— 1767-68. 


983 


province  treasury,  at  the  rate  of  sixty  pounds  per  annum  ;  and  his 
deputy  or  deputies  shall  receive  for  their  servicers]  such  sums  as  the 
commissioner  of  im^wst,  together  with  the  province  treasurer,  shall 
judge  necessary  for  whatever  sums  they  shall  receive  and  pa}' ;  and 
the  treasurer  is  herebj'  ordex-ed,  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  farther  enacted^ 

[Sect.  25.]  That  all  penalties,  fines  and  forfeitures,  accruing  or  Disposition  of 
arising  in  consequence  of  any  breach  of  this  act,  shall  be  one  half  to  fo^'^eitures. 
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  of  debt, 
presentment  or  indictment  of  the  grand  jury,  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  commencement  of  this  act,  in  Charges  of  proa. 
all  causes  wherein  anj-  claimant  shall  appear,  and  shall  not  make  good  be"paid,  in  wise. 
the  claim,  the  charges  of  prosecution  shall  be  borne  and  paid  by  the 
said  claimer,  and  not  by  the  informer.     \_Passed  February  26 ;  pub- 
lished 3Iarch  5,  1768. 


CHAPTER    13. 


AN  ACT  TO  PREVENT  DAMAGE  BEING  DONE  ON  BOUND-BROOK  ISL- 
AND AND  GRIFFITH'S  ISLANDS,  WITHIN  THE  DISTRICT  OF  WEL[L]- 
FLEET,   BY   CATTLE,   HORSE-KIND   AND    SHEEP. 


Preamble. 


Whereas  many  persons  frequently  drive  numbers  of  neat  cattle, 
horse-kind  and  sheep,  to  feed  upon  the  beaches  and  shores  on  the  said 
islands  of  Bound  Brook  and  Griffith's  Islands,  so  called,  lying  in  the 
district  of  Wel[Z]fleet,  whereb}'  the  ground  is  much  broken  and  damni- 
fied, and  the  sands  blown  on  said  islands  and  meadows  adjoining,  to 
the  great  damage,  not  only  of  the  proprietors  of  the  said  islands  in 
their  property,  but  also  to  the  said  district  in  general,  as  it  will  greatly 
endanger  a  great  and  valuable  tract  of  salt  marsh  belonging  to  the 
inhabitants  of  said  district ;  as  also,  in  process  of  time,  fill  up  the  Her- 
ring River,  and  destroy  the  navigation  thereof, — 

Be  it  therefore  enacted  by  the  Governor^  Council  and  Souse  of 
Representatives^ 

[Sect.  1.]  That,  from  and  after  the  twenty-fifth  day  of  March 
next,  no  person  or  persons  shall  presume  to  turn  any  neat  cattle,  horse- 
kind  or  sheep,  on  any  of  the  said  beaches,  meadows  or  shores  of 
Bound-Brook  and  Griffith's  Islands,  lying  in  the  district  of  "Wel[Z] fleet, 
or  on  the  meadows,  banks  and  beaches,  from  Truro  line  to  the  north- 
ward, extending,  southwaixl,  to  Great  Island,  and,  to  the  westward,  to 
the  fence  the  said  proprietors  of  said  islands  have  set  up,  at  their  own 
cost  and  expence,  to  the  bars  near  the  dwelling-house  of  Barnabas 
Young ;  and  so,  northerly  and  easterly,  to  a  mud-cove  near  the  dwell- 
ing house  of  Moses  Wile}', — at  any  time  between  the  first  day  of  April, 
and  the  last  day  of  November,  yearl}',  during  the  continuance  of  this 
act ;  on  penalty  of  paying,  for  each  offence,  five  shillings  a  head  for  Penalty 
cattle, — and  for  every' horse-kind  of  one  3'ear  old  [or]  [a?icZ]  upwards, 
and  for  each  sheep,  one  shilling  a  head, — that  shall  be  found  feeding  on 


No  person  to 
turn  out  cattle, 
&c.,  on  the 
islands,  from 
first  of  April  to 
last  of  Novem-  , 
her,  yearly. 


984 


Province  Laws.— 1767-68. 


[Chap.  14.] 


— ^how  to  be 
applied. 


Cattle  fonnd  at 
large  may  be 
impounded. 


Damages  and 
costs  of  im- 
pounding, to  be 
paid,  or  crea- 
tures may  be 
sold. 


Overplus  mon- 
ey,  how  to  be 
paid  or  distrib- 
uted. 


A  pound  to  be 
erected,  and 
haywards 
chosen. 


Continuance  of 
the  act. 


said  beaches,  meadows  or  shores,  within  the  hmits  aforesaid ;  which 
penalt}'  shall  be  recovered  b}-  the  selectmen  or  treasurer  of  said  district 
of  Wei [/] fleet,  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 
and  sue  for  the  same,  the  other  half  to  be  to  and  for  the  use  of  the 
poor  of  said  "Wei  [Z]  fleet. 

And  be  it  further  enacted, 

[Sect.  2.]  That  it  shall  be  lawful  for  any  owner  or  proprietor  of 
the  said  meadows  or  beaches,  or  any  other  person,  finding  any  cattle  or 
horse-kind  feeding  or  going  at  large  upon  the  meadows  or  beaches 
aforesaid,  or  any  of  them,  to  impound  the  same,  giving  public  notice 
thereof  in  the  district  of  Wel[Z]fleet,  and  in  the  two  next  adjoining 
towns  ;  and  shall  relieve  said  creatures,  while  impounded,  with  suitable 
meat  and  water :  and  the  owner  thereof  appearing,  shall  pay  to  the  im- 
pounder two  shillings  and  sixpence  damages  for  each  head  of  neat 
cattle  or  horse-kind,  and  fourpence  for  each  sheep,  so  impounded,  and 
costs  of  impounding  them ;  and  if  the  owner  do  not  appear  within  the 
space  of  six  daj'S,  and  pay  the  damage  and  cost  occasioned  by  im- 
pounding such  cattle,  horse-kind  or  sheep,  shall  cause  them  to  be  sold 
at  public  vendue,  for  paying  such  damages  and  costs  arising  by  such 
sale:  public  notice  of  the  time  and  place  of  such  sale,  being  given 
fort3^-eight  hours  beforehand  ;  and  the  overplus,  if  any  there  be,  to  be 
returned  to  the  owner  of  such  cattle  or  horse-kind,  on  demand,  at  any 
time  within  twelve  months  next  after  the  sale  ;  and  if  no  owner  shall 
appear  within  the  said  twelve  months,  then  one  moiet}'  of  the  overplus 
shall  be  to  the  party  impounding,  and  the  other  moiet}^  thereof  to  the 
use  of  the  poor  of  the  district  of  Wei [Z] fleet. 

Be  it  further  enacted, 

[Sect.  3.]  That  the  proprietors  of  the  said  islands  be  impowered 
to  erect  a  pound  upon  either  of  the  said  islands  which  they  may  think 
proper,  to  impound  such  cattle,  horse-kind  or  sheep,  as  ma}'  be  found 
feeding  on  the  said  meadows  and  beaches  ;  and  to  chuse  one  or  more 
haywards,  from  time  to  time,  during  the  continuance  of  this  act,  to  put 
in  execution  the  said  act,  agre[e]able  to  the  true  intent  and  meaning 
thereof. 

[Sect.  4.]  This  act  to  continue  and  be  in  force  for  the  space  of 
five  years  from  the  twent3'-fifth  day  of  March  next,  and  to  the  end 
of  the  next  session,  and  no  longer.  [Pa.ssecZ  February  26  ;  published 
March  5,  1768. 


CHAPTEK  14 

AN  ACT  TO  ENABLE  THE  PROPRIETORS  AND  PURCHASERS  [AND]  IN 
THE  TOWN  OF  DARTMOUTH,  IN  THE  COUNTY  OF  BRISTOL,  TO 
RAISE  MONIES  AND  LEVY  TAXES,  AND  TO  SUE  AND  DEFEND  IN 
CERTAIN  CASES. 


Preamble.  Whereas  the  records  of  the  proprietors  of  the  said  town  of  Dart- 

mouth, in  the  jear  one  thousand  seven  hundred  and  twenty-five,  were 
burnt,  with  the  dwelling-house  of  their  proprietors'  clerk,  so  that  great 
difficulties  have  since  arisen,  not  onl}'  to  the  said  proprietors,  but  to 
those  persons  that  purchased  of  the  proprietors,  more  especiall}'  in 
cases  where  the  said  proprietors  are  obliged  to  sue  or  defend  any  action 
or  actions  that  have  been  or  may  be  brought  against  them,  by  reason 
that  it  is  impracticable  to  distinguish,  at  this  time,  the  original  propri- 
etors from  the  purchasers,  as  they  are  called, — 


[2d  Sess.] 


Province  Laws.— 1767-68. 


985 


Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That,  for  the  future,  the  proprietors  and  purchasers  of 
the  town  of  Dartmouth  be  and  are  hereby  impowered  to  sue  and  de- 
fend, in  all  real  actions,  by  the  name  of  The  Proprietors  and  Purchas- 
ers of  the  town  of  Dartmouth,  as  fully,  to  all  intents  and  purposes,  as 
proprietors  are,  b}'  law,  impowered  to  do. 

And  he  it  farther  enacted, 

[Sect.  2.]  That  all  meetings  held  in  said  town  of  Dartmouth,  here- 
tofore, hy  the  name  of  proprietors'  and  purchasers'  meetings,  and  their 
proceedings  thereon,  be  and  hereby  are  confirmed,  to  all  intents  and 
purposes  whatever,  as  full}'  as  if  said  meetings  had  been  called  by  the 
proprietors  of  said  Dartmouth  only ;  and  all  votes  and  orders  for  rais- 
ing monies,  at  any  such  meetings,  are  hereby  confirmed  and  made 
valid,  to  all  intents  and  purposes  whatever. 

And  he  it  further  enacted, 

[Sect.  3.]  That,  for  tlie  future,  the  proprietors  and  purchasers  of 
said  Dartmouth  are  hereby  impowered  jointh^  to  call  meetings  to  raise 
monies  for  the  necessar}'  uses  of  said  proprietors  and  purchasers,  in  as 
full  and  ample  manner  as  is  dii'ccted  in  an  act  of  this  province,  made  in 
the  thirteenth  year  of  the  reign  of  his  late  majesty  King  George  the 
First,  intitled  "An  Act  in  addition  to  an  act,  intitled  'An  Act  to  enable 
towns,  villages  and  proprietors,  in  common  and  undivided  lands,  «S:c., 
to  sue  and  be  sued,  made  in  the  sixth  year  of  the  reign  of  King  Wil- 
liam and  Queen  Mary.'  "  \_Passed  February  26  ;  published  March  5, 
1768. 


Proprietors  and 
purchasers  of 
Dartmouth,  em- 
powered to  sue 
and  defend. 


Their  meetings 
heretofore  held 
contirmed: 


— empowered 
jointly  to  call 
meetings. 


1726-27,  chap. 
15. 


CHAPTEE   15. 

AN   ACT   FOR    ENQUIRING    INTO    THE   RATEABLE    ESTATES    OF   THIS 

PROVINCE. 


"Whereas  the  rateable  estates  of  the  several  towns  and  districts  in 
this  province  are  much  altered  since  the  last  valuation, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  assessors  of  each  town  and  district  within  this 
province,  chosen  for  the  3'ear  one  thousand  seven  hundred  and  sixty- 
eight,  shall,  on  oath,  take  and  lodge  in  the  secretary's  office,  by  the 
first  day  of  June  next,  a  true  and  perfect  list,  according  to  their  best 
sldll  and  understanding,  agreeable  to  the  following  list : — 

Number  of  polls  rateable  ;  number  of  polls  not  rateable  ;  number  of 
dwelling-houses,  and  the  annual  worth ;  ditto  of  tan-houses,  slaughter- 
houses, and  other  working-houses  and  shops,  seperate  from  dwelling- 
houses,  and  their  annual  worth  ;  number  of  still-houses,  and  the  annual 
■worth  ;  number  of  warehouses,  and  the  annual  worth  ;  number  of  super- 
ficial feet  of  wharf;  number  of  grist-mills,  fulling-mills  and  saw-mills, 
and  the  annual  worth ;  number  of  iron- works  and  furnaces,  and  their 
annual  worth ;  other  real  estate,  and  the  annual  worth  ;  servants  for 
life,  between  fourteen  and  fortj'-five  years  of  age  ;  an  account  of  each 
person's  trading  stock  or  goods  on  hand,  paid  for  or  unpaid  for,  at 
home  or  abroad  ;  factorage  or  the  value  of  commissions  on  merchandize  ; 
tons  of  vessels  of  every  kind,  upwards  often  tons'  burthen,  to  be  given 
in  carpenters'  tonnage,  at  home  or  abroad  ;  money  that  any  person  has 
at  interest  more  than  he  or  she  pays  interest  for  ;  number  of  horses  and 
mares,  three  years  old  and  upwards  ;  number  of  oxen  at  four  years  old 


Preamble. 


Assessors  to 
return  a  list  of 
ratables  into 
the  secretary's! 
office  by  the  first 
da}'  of  June. 
1760-61,  chaps. 
24  and  30. 
List  of  ratables. 


986 


Province  Laws.— 1767-68.  [Chap.  15.] 


Printed  copy  of 
the  list  to  be 
eent  by  the 
province  treas- 
urer, to  the 
town  or  district 
clerks. 


The  governor 
and  other  per- 
BOOB  exempted. 


Assessor's  oath : 


— ^by  whom  to 
be  administered. 


Penalty  on 
assessors  for  re- 
fusing to  take 
Baid  oath,  or 
neglectiag  duty. 


and  upwards  ;  number  of  cows  and  heifers  at  tliree  years  old  and  up- 
wards ;  number  of  goats  and  sheep,  one  ^'ear  old  and  upwards  ;  number 
of  swine,  one  year  old  and  upwards  ;  number  of  acres  of  pasturage,  and 
the  number  of  cows  said  pasturage  and  the  after-feed  of  the  whole  farm 
will  keep  ;  number  of  acres  of  tillage-land  ;  number  of  bushels  of  grain 
and  corn  of  all  sorts  said  tillage-land  will  produce,  one  3ear  with  another, 
in  case  it  was  improved  for  grain  ;  number  of  barrels  of  cyder  that  can 
be  made  upon  the  farm  one  year  with  another ;  number  of  acres  of 
mowing-land  ;  number  of  tons  of  upland  hay  ;  number  of  tons  of  fresh 
meadow  hay  ;  number  of  acres  of  salt  marsh ;  number  of  tons  of  salt 
hay  : — a  printed  copy  of  which  list  shall  be,  by  the  treasurer  of  the  prov- 
ince, sent  to  the  clerk  of  each  town  and  district  therein,  containing  an 
account  of  all  male  iX)lls  of  sixteen  j-ears  old  and  upwards,  whether  at 
home  or  abroad,  distinguishing  such  as  are  exempt  from  rates  ;  and  of 
all  rateable  estates,  both  real  and  personal,  lying  within  or  adjacent  to 
their  respective  towns  and  districts,  and  by  whom  occupied,  and  what 
each  person's  real  estate  may  be  worth  by  the  3ear,  taking  one  year 
with  another ;  particularly  mentioning  dwelling-houses  and  land,  tan- 
houses,  slaughter-houses  and  other  working-houses  and  shops,  separate 
from  dwelling-houses,  still-houses,  warehouses,  wharves,  grist-mills, 
fulling-mills,  saw-mills,  iron-works  and  furnaces  ;  and  what  each  of  said 
estates  may  be  worth  by  the  j'ear,  in  the  judgment  of  said  assessors, 
without  consideration  of  repairs  ;  and  of  all  Indian,  negro  or  molatto 
servants  for  life,  from  fourteen  to  forty-five  years  of  age  ;  and  the  num- 
ber of  tons  of  vessels  of  every  kind,  upwards  of  ten  tons'  burthen  (to  be 
given  in,  in  carpenters'  tonnage) ,  whether  at  home  or  abroad  ;  and  each 
person's  whole  stock  in  trade,  including  factorage  or  the  value  of  com- 
missions on  merchandize  ;  and  monej'  at  interest  which  any  person  has 
more  than  he  pays  interest  for ;  and  also  of  all  horses,  oxen,  cows, 
goats,  sheep  and  swine,  at  the  respective  ages  set  in  said  list.  And  said 
assessors,  in  taking  said  valuation,  shall  distinguish  the  different  im- 
provements of  land,  and  return  their  list  in  the  following  manner :  the 
number  of  acres  of  pasture,  the  number  of  acres  of  tillage-land,  the 
number  of  acres  of  salt  marsh,  and  the  number  of  acres  of  fresh,  and 
English  mowing-land  ;  and  also  what  stock  each  pasture  is  ordinarily 
capable  of  feeding,  and  what  quantity  of  produce  the  said  tillage, 
mowing,  and  orchai'd,  land  jearly  afibrds,  taking  one  year  with  another  : 
excepting  that  the  governor,  the  lieutenant-governor,  president,  fellows, 
professors,  tutors  and  students  of  Harvard  College,  settled  ministers 
and  grammar-school  masters,  with  their  families, — for  their  polls,  and 
for  their  estates  in  their  own  actual  improvement, — as  also  the  estate 
pertaining  to  Harvard  College,  under  their  own  actual  improvement, 
shall  be  exempted  out  of  this  act ;  and  said  assessors,  before  they  enter 
on  this  work,  shall  take  the  following  oath : — 

You,  A.  B.,  being  chosen  an  assessor  for  the  town  of  B.,  for  the  year  one 
thousand  seven  hundred  and  sixty-eight,  do  swear  that  j'ou  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  in  the  present  year,  intitled  "An  Act  for  enquiring  into  the  rateable 
estates  of  this  province,"  without  favour  or  prejudice.     So  help  you  God. 

—  which  oath,  in  such  towns  or  districts  where  no  justice  of  the  peace 
dwells,  shall  be  administered  by  the  town  or  district  clerks,  who  are 
hereby  impowered  and  directed  to  administer  the  same,  on  penalt}'  of 
ten  pounds ;  and  every  assessor  who  shall  be  chosen  by  any  town  or 
district,  in  the  year  one  thousand  seven  hundred  and  sixtj^-eight,  and 
accepted  such  choice,  that  shall  refuse  to  take  such  oath,  shall  forfeit 
and  pay  the  sum  of  forty  pounds  ;  or,  taking  the  same,  shall  neglect  ov 


[2d  Sess.] 


Province  Laws.— 1767-G8. 


987 


refuse  to  do  the  dut}^  required  by  this  act,  or  shall  anywa}'  act  deceit- 
fulh'  therein,  shall,  for  each  of  these  offences,  forfeit  and  pay  a  fine 
of  fifty  pounds. 

[Sect.  2.]     And  every  person  not  necessarily  out  of  the  province;   Persons  to  give 
viz.,  on  and  from  the  tenth  day  of  April  next,  to  the  twentieth  day  of  Iheassesso^sl^oa 
Ma}'  next  (in  which  cases  they  shall  be  doomed  by  the  assessors  as  is  oath,  if  required, 
hereafter  expressed ) ,  refusing  or  neglecting  to  give  such  assessor  or 
assessors,  in  writing,  and  on  oath  if  required,  a  true  account  of  his 
rateable  estate  and  improvements,  agreeable  to  the  true  intent  of  this 
act,  shall  be  doomed  b}^  the  assessors,  accordingly,  to  their  best  skill 
and  judgment ;  and  shall,  for  each  offence,  forfeit  and  pay  the  sum  of 
fifty  pounds  :  which  oath,  if  required,  shall  be  in  the  following  form  ; 
viz., — 


You,  C.  D.,  do  swear  that  the  account  now  exhibited  by  you  is,  to  the  best   Form  of  the 
of  your  knowledge  and  judgment,  a  full  account  of  all  your  rateables,  agree-   *''*''*• 
able  to  the  list  now  exhibited  to  you.     So  help  you  God. 


—  and  every  assessor  shall  be  allowed,  out  of  the  treasury  of  his  re- 
spective town  or  district,  the  sum  of  four  shillings  for  ever}"  day  he  shall 
be  necessarily  employed  in  doing  the  duty  enjoined  by  this  act. 

A7id  be  it  further  enacted. 

[Sect.  3.]  That  the  assessors  of  each  town  and  district  in  this 
province,  for  the  year  one  thousand  seven  hundred  and  sixty-seven, 
shall,  by  the  abovesaid  first  day  of  June  next,  transmit  to  the  secre- 
tary's office  a  true  and  perfect  copy,  on  oath,  of  the  valuation  and 
state-bill,  by  which  they  made  the  taxes  in  their  particular  towns  and 
districts  for  that  year,  and  also  a  true  copy  of  the  province  tax  made 
by  such  list  and  valuation  ;  on  penalty  that  each  assessor  neglecting  his 
duty  therein  shall  forfeit  and  pay  twenty  pounds. 

And  be  it  further  enacted, 

[Sect.  4.]  That  if,  in  any  of  the  towns  and  districts  aforesaid,  it  so 
happens  that  any  of  the  assessors,  for  the  year  one  thousand  seven  hun- 
dred and  sixty-seven,  be  dead  or  removed,  in  that  case  the  remaining 
part  of  said  assessors  shall  and  are  hereby  impowered  to  act  in  all 
cases  touching  the  valuation  and  state  bill  and  copy  of  the  province 
tax  aforesaid,  as  fully  as  if  there  had  been  no  such  death  or  removal. 

[Sect.  5.]  And  all  fines  and  forfeitures  arising  by  this  act  may  be 
recovered  by  action  of  debt,  presentment  or  indictment,  at  any  of  his 
majesty's  courts  within  this  province  proper  to  try  the  same ;  and  shall 
be  applied,  one  moiety,  to  him  or  them  that  shall  sue  for  the  same,  and 
the  other  moiety,  to  his  majesty  to  and  for  the  use  of  this  government. 

And  whereas  it  may  happen  that  some  rateable  estate,  by  shifting 
hands,  may  be  liable  to  be  given  in  twice  to  the  assessors,  or  not  given 
in  at  all, — 

Be  it  further  enacted, 

[Sect.  6.]  That  every  peison  in  each  town  and  district  within  this 
province,  in  giving  in  to  the  assessors  a  list  of  his  rateables,  shall  esti- 
mate such  rateable  estate,  agreeable  to  this  act,  as  he  is  possessed  of 
on  the  tenth  day  of  April  next.  \_Passed  February  26 ;  published 
March  5,  1768. 


Allowance  to 
the  assessors : 


— who  are  to 
transmit  copies, 
on  oath,  of  the 
valuation  and 
state-bill. 


Penalty  for 
neglect. 


In  case  of  death, 
the  rest  of  the 
assessors  to  act. 


Fines,  how  to 
be  recovered 
and  applied. 


Preamble. 


Eatables  to  be 
given  in  as  pos- 
sessed on  the 
tenth  of  April* 


988 


Province  Laws.— 1767-68.     [Chaps.  16,  17.] 


CHAPTEE    16. 


AN  ACT  IN    FURTHER  ADDITION    TO    THE    SEVERAL    ACTS    FOR    THE 
SETTLEMENT  AND   SUPPORT  OF  SCHOOLS  AND   SCHOOLMASTERS. 


Prearnblc. 
1718-19,  chap.  2. 
10  Met.,  515. 


Towns  or  pre- 
cincts may 
raise  more 
money  than  la 
by  law  required, 
for  the  support 
of  schools. 

Assessors  re- 
quired to  assess 
the  money 
agreed  to  bo 
raised. 


Constables  or 
collectors  re- 
quired to  collect 
the  same : 


— upon  penalty 
for  neglect. 


Continuance  of 
the  act. 


"Whereas  it  may  happen  that  where  towns  or  districts  consist  of 
several  precincts,  some  of  such  precincts  may  be  disposed  to  expend 
more  for  the  instruction  of  children  and  j-outh,  in  useful  learning,  within 
their  own  bounds,  than,  as  parts  of  such  towns  or  districts,  they  are,  by 
law,  held  to  do,  and  no  provision  has  hitherto  been  made  to  enable 
precincts  to  raise  money  for  that  purpose  ;  and  whereas  the  encourage- 
ment of  learning  tends  to  the  promotion  of  religion  and  good  morals, 
and  the  estabhshment  of  liberty,  civil  and  religious, — 

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

[Sect.  1.]  That  when  and  so  often  as  the  major  part  of  the  inhab- 
itants of  ail}'  precinct,  at  their  annual  meeting  legally  warned,  shall  agree 
on  the  building,  finishing  or  repairing  of  any  schoolhouse,  or  the  de- 
fr[e][a]ying  any  other  charge  for  the  support  of  schools  and  school- 
masters, and  shall  also  agree  on  any  sum  or  sums  of  money  for  such 
purpose  or  purposes,  the  assessors  of  such  precinct  are  hereby  impowered 
and  required  to  assess  the  same  on  the  polls  and  estates  within  the  said 
precinct ;  and  all  such  rates  or  assessments  shall  be  paid  to  the  constable 
or  collector  to  whom  the  same  shall  be  committed,  with  a  warrant  from 
said  assessors  in  form  as  by  law  is  prescribed  for  collecting  of  town 
assessments  ;  and  every  constable  or  collector  to  whom  any  such  rates 
or  assessments  shall  be  committed,  with  a  warrant  as  aforesaid,  shall 
levy,  gather  and  receive  the  same,  according  to  the  direction  in  the 
warrant  to  him  given,  and  shall  account  for  all  such  sums  as  he  shall  so 
receive,  and  make  payment  of  the  same  to  the  treasurer  of  such  precinct 
or  other  receiver,  as,  b}'  his  warrant,  he  shall  be  required  ;  and  be  sub- 
ject to  the  pains  and  penalties,  in  case  of  neglect,  as  is,  b}'  law,  provided 
in  the  several  acts  of  this  province,  respecting  the  levying  and  collecting 
of  other  precinct  assessments. 

[Sect.  2.]  This  act  to  continue  and  be  in  force  until  July,  one 
thousand  seven  hundred  and  seventy-,  and  no  longer.  \^Passed  Febru" 
ary  26  ;  published  March  5,  1768. 


CHAPTEE  17. 

AN    ACT    TO    PREVENT    THE    DESTRUCTION    OF  THE   SALT  MEADOWS, 
LYING  IN  THE   TOAVNS  OF  TISBURY  AND  CHILMARK. 


Preamble^ 


The  proprietors 
empowered  to 
make  an  open- 
ing from  Black- 


"Whereas  the  salt  meadows  lying  in  the  towns  of  Tisbury  and  Chilmark, 
in  the  county  of  Dukes  County,  bj'  reason  of  the  ponds  overflowing  the 
same,  have  been  greatly  damaged,  being  occasioned,  in  a  great  measure, 
by  the  proprietors  thereof  not  being  able  to  agree  upon  the  times  when, 
or  the  places  where,  the  said  meadows  might  be  drained  ;  for  remedy 
whereof  for  the  future, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa' 
tives, 

[Sect.  1.]  That  the  proprietors  of  the  meadows  lying  and  adjoining 
to  the  ponds  and  creeks  in  the  towns  of  Tisbury  and  Chilmark  aforesaid, 
in  which  are  comprehended  all  the  meadows  from  the  east  end  of  Tis- 


[2d  Sess.] 


Pkovince  Laws.— 1767-68. 


989 


bury  Great  Pond,  to  the  west  end  of  the  pond  called  and  known  b}-  the 
name  of  Chilmark  Pond,  are  hereby  impowered,  in  the  month  of  March, 
annually-,  to  make  an  opening  into  the  sea,  out  of  the  pond  in  Chilmark, 
called  and  known  by  the  name  of  Black-Point  Pond, — the  said  pond 
lying  contiguous  to  the  meadows  in  Tisbury  aforesaid, — to  be  continued 
open  until  the  tenth  day  of  September  then  next  following,  annually, 
and  at  no  other  time,  at  the  expence  of  the  proprietors  of  the  meadows 
aforesaid,  in  proportion  to  their  several  rights  and  interest  in  said 
meadows. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  proprietors  of  the  meadows  in  the  town  of 
Chilmark  aforesaid,  be  and  are  hereby  impowered  to  open  the  pond 
called  and  known  by  the  name  of  Chilmark  Pond,  at  any  time  from  the 
tenth  day  of  September,  to  the  last  day  of  November,  annually,  during 
the  continuance  of  tWs  act,  and  at  no  other  time  ;  and  that  the  proprie- 
tors of  the  meadows,  from  the  east  end  of  the  creek,  in  s[aijd  Chilmark, 
called  and  known  by  the  name  of  Quonsoo  Creek,  westward,  to  the 
west  end  of  said  Chilmark  Pond,  shall  pay  their  proportion  of  the  ex- 
pences  that  may  arise  in  opening  said  Chilmark  Pond,  in  money  or  labour, 
at  their  discretion. 

Be  it  further  enacted, 

[Sect.  3.]  That  if  an}-  person  or  persons  shall  presume  to  make  an 
opening  out  of  the  said  ponds,  at  any  other  time  or  place,  or  to  stop  up 
an_y  openings  after  being  so  made,  contrary  to  the  true  intent  and  mean- 
ing of  this  act,  he  or  they  shall  forfeit  and  pa}"  the  sum  of  twent}^ 
pounds,  to  be  recovered  by  action  of  debt  in  an^^  of  his  majesty's  courts 
of  record  proper  to  try  the  same  ;  one  moiety  thereof  to  be  to  and  for 
the  use  of  the  poor  of  said  town,  the  other  moiety  to  be  to  and  for  the 
use  of  him  or  them  that  shall  sue  for  the  same. 

Be  it  further  enacted, 

[Sect.  4.]  That  the  major  part  of  the  proprietors  of  said  meadows 
be  and  hereb}-  are  impowered  to  make  choice  of  a  standing  proprietors' 
committee  of  three  meet  persons,  and,  on  the  death  or  removal  of  one 
or  more  of  said  committee,  to  fill  them  up  by  the  choice  of  other  person 
or  persons,  who  also  shall  have  power  to  order  and  regulate  the  times  of 
said  openings,  as  limited  by  this  act,  and  also  to  apportion  the  labour 
in  making  said  openings,  among  said  proprietors,  agre[e]able  to  their 
respective  rights  and  interest ;  and,  in  case  of  their  neglect  or  refusal  to 
perform  the  same,  the  said  committee  are  impowered,  from  time  to  time, 
to  assess  said  delinquent  proprietors,  and  to  appoint  and  swear  a  col- 
lector or  collectors  for  the  collecting  and  paying  in  the  sums  so  assessed, 
to  the  committee  aforesaid,  for  the  defr[e][a]ying  the  expences  of  said 
openings  ;  which  persons  so  chosen  and  appointed,  being  sworn  to  the 
faithful  performance  of  their  duty,  shall  be  and  hereby  are  vested  with 
the  same  power  and  authority,  for  the  purposes  aforesaid,  as  other  pro- 
prietors' committees,  assessors  and  collectors,  by  law  are  vested  with. 

And  he  it  further  enacted, 

[Sect.  5.]  That  Mat[t]hew  Mayhew,  Esq^""^.,  is  hereby  impowered 
to  call  a  meeting  of  said  jn'oprietors,  for  choosing  said  committee  ;  at 
which  meeting  the  proprietors  aforesaid  are  likewise  impowered  to 
make  choice  of  a  moderator,  who  shall  have  power  to  regulate  the  same, 
— the  votes  to  be  reckoned  according  to  the  interest  of  each  voter  :  at 
which  s[(«']d  meeting,  the  proprietors  aforesaid  shall  have  power  to 
agree  upon  some  method  for  calling  meetings  for  the  future. 

[Sect.  6.]  This  act  to  continue  and  be  in  force  for  the  space  of 
three  years  from  the  first  day  of  March,  [1768],  [one  thousand  seven 
hundred  and  sixty-eight'] ,  and  no  longer.  [Passed  February  26  ;  pub- 
lished March  5,  1768. 


Point  Pond  to 
thti  sea, 


— at  the  expeueo 
of  the  proprie- 
tors of  the 
meadows. 


Proprieters  em- 
powered to  open 
Ctiilmark  Pond. 


No  openings  to 
he  made  hut  at 
certain  times. 


Proprietors  to 
elioose  a  com- 
mittee for  the 
purposes  above- 
mentioned, 


— who  are  em- 
powered to 
make  assess- 
ments. 


Collectors  to  bo 
sworn. 


Matthew  May- 
hew,  Esq.,  to 
call  a  meeting. 


Continuance  of 
the  act. 


990 


Province  Laws.— 1767-68.  [Chap.  18.] 


CHAPTER    18. 

AN  ACT  TO  ENABLE  THE  PROPRIETORS  OF  THREE  SEVERAL  TOWN- 
SHIPS GRANTED  JUNE,  ONE  THOUSAND  SEVEN  HUNDRED  [AND] 
SIXTY-FIVE;  VIZm.,  ONE  TOWNSHIP,  GRANTED  TO  BENJAMIN  MUL- 
LAKIN,  ESQ[R].,  AND  OTHERS,  IN  LIEU  OF  A  TOWNSHIP  CALLED 
ROWLEY-CANADA;  ONE  OTHER  TOWNSHIP,  GRANTED  TO  WILLIAM 
RAYMOND  AND  OTHERS,  IN  LIEU  OF  A  TOWNSHIP  CALLED  HALES- 
TOWN;  AND  ONE  OTHER  TOWNSHIP,  GRANTED  TO  SAMUEL  GER- 
RISH,  ESQ[R].,  AND  OTHERS,  IN  LIEU  OF  A  TOWNSHIP  CALLED 
BAKERSTOWN,— TO  MAKE  SALE  OF  SO  MUCH  OF  THE  DELINQUENT 
PROPRIETORS'  RIGHTS,  GRANTED  TO  SAID  MULLAKIN,  RAYMOND, 
GERRISH,  AND  OTHERS,  AS  IS  NECESSARY  TO  DEFREY  THE 
CHARGES  OF   SAID   TOWNSHIPS. 


Assessors  em- 
powered to  sell 
lands  of  delin- 
quent proprie- 
tors: 


— to  execute 
deeds. 


Public  notice  to 
be  given  of 
euch  sale. 


Liberty  of  re- 
demption. 


Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  if  the  assessors  choseu  b}'  the  proprietors  of  either 
of  the  aforementioned  townsliips,  granted  in  June,  one  thousand  seven 
hundred  and  sixty-fiA-e,  for  the  defreying  the  public[k]  charges  that 
have  arisen,  or  hereafter  may  arise,  in  either  of  said  townships,  or 
for  defreying  the  charges  that  have  arisen  on  either  of  the  afore- 
mentioned townships  formerly  granted  to  said  proprietors,  respectively, 
have  or  hereafter  shall  lev[e]y  or  assess  a  tax  on  the  land  of  said 
proprietors,  agreeable  to  the  votes  of  said  proprietors,  and  such  pro- 
prietors shall  neglect  or  delay  to  pay  to  the  collector  or  collectors  the 
sums  so  assessed,  for  sixt}'  days  after  such  assessment  is  made  and 
published,  then  and  in  that  case  it  shall  and  may  be  lawful  for  the  as- 
sessors, or  a  committee,  at  a  public [k]  vendue,  to  sell  so  much  and  no 
more  of  the  delinquent  proprietors'  lands  as  they  shall  judge  necessary 
to  pay  and  satisfy  such  rates  and  taxes,  and  other  necessary  and  inter- 
vening charges,  and  execute  absolute  deeds  in  the  law  for  the  convey- 
ance of  such  lands  of  the  proprietors  to  the  person  or  persons  who 
shall  give  most  for  the  same  ;  which  deed  shall  be  good,  to  all  intents 
and  purposes  in  the  law,  for  conveying  such  estates  to  the  grantees, 
their  heirs  and  assigns  forever. 

Provided, — 

[Sect.  2.]  That  public[k]  notice  of  such  sale  be  given  in  two  or  more 
of  the  Boston  newspapers,  three  weeks  successively,  for  three  months  at 
least  before  said  lands  be  sold  ;  reserving  to  said  proprietors  within 
this  province,  their  heirs  or  assigns,  liberty  for  redemption  of  their 
lands  so  sold,  they  pacing  to  the  grantees  or  theii*  heirs,  respectively, 
within  one  3'ear  afterwards,  the  sum[e]s  for  which  the  said  lands  were 
sold,  with  double  damages  until  the  same  be  redeemed  ;  reserving  also, 
to  such  no [?i] -resident  proprietors  as  are  not  inhabitants  of  this  prov- 
ince, their  heirs  or  assigns,  liberty  for  redemption  of  their  lands  so  sold, 
the}^  paying  to  the  grantees  or  their  heirs,  respectively,  within  two  j-ears 
afterwards,  the  sums  for  which  the  said  lands  were  sold,  with  double 
damages  until  the  same  be  redeemed.  \_Passed  February  27 ;  pub' 
lislied  March  5,  1768. 


[2d  Sess.] 


Provinqe  Laws.— 1767-68. 


991 


CHAPTER    19. 


AN  ACT  FOR  ANNEXING  THAT  PART  OF  THE  TO^VN  OF  SHREWSBURY, 
CALLED  THE  LEG,  TO   THE   TOWN   OF  LANCASTER. 

"Whereas  it  has  been  represented  to  this  court  that  the  part  of  Shrews- 
bury, in  the  count}'  of  Worcester,  called  the  Leg,  in  many  respects  will 
be  more  accom[m]odated  to  be  set  off  from  the  said  town  of  Shrews- 
bur3%  and  annexed  to  the  town  of  Lancaster,  in  said  county, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  part  of  Shrewsbury  called  the  Leg,  with  the 
inhabitants  thereof,  bounded,  southerh*,  on  Quinepoxit  River  ;  westerlj-, 
on  the  town  of  Holdeu  ;  northerly,  on  Princetown  ;  and,  easterly,  on 
Stillwater  River,  —  be  and  hereby  ai'e  set  off  from  the  said  town  of 
Shrewsbury,  and  annexed  to  the  town  of  Lancaster,  in  the  said  county 
of  Worcester,  and  to  the  second  parish  in  said  town  of  Lancaster,  there 
to  do  duties  and  receive  privileges  as  other  of  their  inhabitants. 

Ayid  be  it  further  enacted, 

[Sect.  2.]  That  the  inhabitants  of  the  part  of  Shrewsbury  called 
the  Leg,  aforesaid,  shall  pay  the[ir]  proportion  of  all  such  province, 
county,  town  and  precinct  taxes,  alread}'  granted  to  be  raised  on  the 
town  of  Shrewsbur}'  aforesaid.  [^Passed  February  27 ;  published 
March  5,  1768. 


Preamble. 


Shrewsbury 
Leg  annexed  to 
Lancaster. 


Inhabitants  to 
pay  taxes  al- 
ready granted  to 
be  raised  on 
Shrewsbury. 


CHAPTER   20. 


AN  ACT  FOR  CONTINUING  SUNDRY  LAWS  THAT  ARE  NEAR  EXPIRING. 

Whereas  the  several  acts  hereinafter  mentioned,  which  are  near  ex- 
piring, have  been  found  useful[l]  and  ben[i][e]ficial ;  viz^.,  two  acts 
made  in  the  fifth  year  of  his  present  majesty's  reign  ;  one,  intitled  "  An 
Act  to  pi-event  the  destruction  of  salmon  and  other  fish  in  Merrimack 
River,  within  this  province  ;  "  the  other,  intitled  "•  An  Act  to  prevent  the 
destruction  of  oysters  in  the  several  bays  and  rivers  hereafter  mentioned, 
within  this  province  ;  "  one  act  made  in  the  sixth  year  of  the  said  reign, 
intitled  "  An  Act  for  amending  of  an  act  made  in  the  fifth  year  of  his 
present  majesty's  reign,  intitled  'An  Act  to  prevent  the  destruction  of 
salmon  and  other  fish  in  Merrimack  River,  within  this  province  ; '  " 
one  act  made  in  the  seventh  year  of  the  same  reign,  intitled  "  An  Act 
in  addition  to  two  several  acts  to  prevent  the  destruction  of  salmon 
and  other  fish  in  Merrimack  River,  within  this  province," — 

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

That  the  before-mentioned  acts  be  continued,  with  all  and  every 
clause,  matter  and  thing  therein  respectively  contained,  and  shall  be  in 
force  until [1]  the  first  day  of  July,  one  thousand  seven  hundred  and 
sevent}',  and  no  longer.  [^Passed  February  27 ;  published  March  5, 
1768. 


Preamble. 


Act  to  prevent 
destruction  of 
salmon. 
1764-65,  eh.  24. 
Ditto,  oysters. 
1764-65,  ch.  25. 
Ditto,  to  amend 
an  act  to  prevent 
destruction  of 
salmon. 
1765-66,  ch.  30. 

Act  in  addition 
to  two  several 
acts  to  prevent 
destruction  of 
salmon. 
1766-67,  ch.  13. 


Continued  to 
1st  July,  1770. 


992 


Pkovince  Laws.— 1767-68.     [Chaps.  21,  22.] 


Preamble. 


Bounds  of  the 
townof  Sanford. 


Benjamin  Chad- 
bunie,  Esq.,  to 
call  a  meeting  of 
the  inhabitants. 


CHAPTER    21. 

AN  ACT  FOR  ERECTING  A  TRACT  OF  LAND  OF  EIGHT  MILES  SQUARE 
CALLED  PHILLIPSTOWN,  JOINING  UPON  THE  NORTH-WEST  END  OF 
THE  TOWN  OF  WELLS,  IN  THE  COUNTY  OF  YORK,  INTO  A  TOWN 
BY  THE  NAME   OF  SANFORD. 

Whereas  the  erecting  of  that  tract  of  land  called  Phillipstown,  into  a 
town,  will  greatly  contribute  to  the  growth  thereof,  and  remedy  many 
inconveniences  to  which  the  inhabitants  and  proprietors  may  be  other- 
wise subject, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  tract  aforesaid,  bounded  as  followeth  ;  viz^'^., 
lying  on  the  north-west  end  of  the  town  of  Wells,  west  of  Kennebunk 
River,  east  of  the  town  of  Berwick  ;  and  north,  b}'  province  grants,  in 
part,  and  in  part  b}'  unappropriated  lands, — be  and  hereby-  is  erected 
into  a  town  b}'  the  name  of  Sanford  ;  and  that  the  inhabitants  thereof 
be  and  hereby  are  invested  with  all  powers,  privileges  and  immunities 
which  the  inhabitants  of  the  towns  within  this  province  do  enjoy. 

And  he  it  farther  enacted, 

[Sect.  2.]  That  Benjamin  Chadburne,  Esq'^''^.,  be  and  hereby  is 
impowered  to  issue  his  warrant,  directed  to  some  principal  inhabitant 
of  said  town,  requiring  him  to  warn  the  inhabitants  of  said  town  who 
have  an  estate  of  freehold  according  to  charter,  to  meet  at  such  time 
and  place  as  shall  be  therein  set  forth,  to  chuse  all  such  officers  as  are 
or  shall  be  required,  by  law,  to  manage  the  affairs  of  said  town. 
\_Passed  February  27  ;  published  March  5,  1768. 


CHAPTER    22. 

AN  ACT  FOR  BUILDING  AND  MAINTAINING  A  LIGHTHOUSE  ON  THE 
EAST  END  OF  THE  GURNET,  AT  THE  ENTRANCE  OF  THE  HARBOUR 
OF   PLYMOUTH. 


Preamble. 


A  lighthouse 
ordered  to  be 
erected  on  the 
east  end  of  the 
Gurnet. 


Inhabitants  of 
Plymouth,  &c., 
to  pay  light- 
money. 


Whereas  the  South  Shore,  so  called,  from  Point  Alderton  to  Cape 
Cod,  is  very  dangerous,  by  reason  of  many  rocks  and  shoals  at  a  dis- 
tance from  the  land,  and  there  being  no  safe  harbour,  all  along  that 
coast,  but  that  of  Plymouth,  and  it  being  generally  thought  that  a  light- 
house erected  on  the  east  end  of  the  Gurnet  would  be  \evy  serviceable 
to  the  navigation  and  commerce  of  this  province,  and  be  a  means  of 
preserving  the  lives  and  estates  of  a  great  number  of  his  majesty's  sub- 
jects, b}'  directing  the  distressed,  in  storm}-  and  tempestuous  weather, 
into  the  aforesaid  harbour  ;  therefore, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  there  be  a  lighthouse  erected,  at  the  charge  of 
the  province,  on  the  east  end  of  the  Gurnet,  to  be  kept  lighted  from 
sun-s[i][e]tting  to  sun-rising;  that  fi'om  and  after  the  building  of  the 
said  Ughthouse,  and  kindling  a  light  in  it  useful  for  shipping  coming 
into  or  going  out  of  the  harbour  of  Plymouth,  or  other  harbour  within 
the  Massachuset[t]s  Bay,  there  shall  be  paid  to  the  receiver  of  impost, 
by  the  master [s]  of  all  ships  and  vessels  going  in  or  belonging  to  the 
port  of  Plymouth  (coasters  excepted),  which  have  hitherto  been  ex- 


[2d  Sess.] 


Peovince  Laws.— 1767-68. 


993 


empted  from  paying  light-money,  by  the  general  court,  the  like  duty 
or  light-money  as  is  paid,  by  every  other  ship  or  vessel  coming  in  or 
going  out  of  the  harbour  of  Boston,  agre[e]able  to  an  act  of  this  prov- 
ince passed  in  the  first  year  of  King  George  the  First,  [i][e]ntitled 
"An  Act  for  building  and  maintaining  a  lighthouse  upon  the  Great 
Br[u][ew]ster,  called  Bacon  Island,  at  the  entrance  of  the  harbour  of 
Boston." 

And  be  it  enacted, 

[Sect.  2.]  That  the  commissioner  or  receiver  of  impost  be  and 
hereby  is  impowered,  by  himself,  or  his  deputy  b}'  him  appointed,  to 
receive  the  said  duties,  and  to  recover  the  same  and  give  a  certificate 
therefor  in  the  same  way  and  manner  as  by  the  aforerecited  act  is 
provided. 

And  be  it  further  enacted, 

[Sect,  3.]  That  no  ship  or  vessel  belonging  to  the  port  of  Plym- 
outh (coasters  excepted),  shall  be  cleared  by  the  naval  officer,  until  a 
certificate  be  produced  that  the  duty  of  the  lighthouse  be  paid  ;  and 
the  ship  or  vessel,  with  the  master,  shall  stand  charged  with  the  duty 
thereof,  till  paid  to  the  commissioner  of  impost. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  person  appointed  by  this  court  to  keep  the 
said  lighthouse,  shall  be  under  the  same  rules  and  directions  with 
respect  to  his  duty,  and  also  under  the  same  penalty  for  neglecting  the 
same,  and  the  fines  shall  be  recovered  in  the  same  way  and  manner,  as 
in  and  b}'  the  aforerecited  act  is  provided. 

And  be  it  farther  e^iacted, 

[Sect.  5.]  That  a  committee  of  this  court  be  appointed  to  build 
the  said  lighthouse,  of  such  dimensions,  and  in  such  manner,  as  they 
may  be  directed  by  the  said  court.  [^Passed  February  27 ;  published 
March  5,  1768. 


1715-16,  chap.  4. 


Impost  officer 
to  receive  the 
light-mouey. 


Plymouth  ves- 
sels not  to  be 
cleared  without 
a  certificate  of 
payment. 


Keeper  of  the 
lightliouse  to 
observe  rules, 
on  penalty. 


Committee  to 
build. 


CHAPTER    23. 

AN  ACT  TO  IMPOWER  COMMISSARIES  TO  SETTLE  A  LINE  OF  JURIS- 
DICTION BETWEEN  THIS  PROVINCE  AND  THE  PROVINCE  OF  NEW 
YORK. 


Whereas  a  controvers}^  has  long  subsisted  between  this  province  and  Preamble, 
the  province  of  New  York,  concerning  their  boundaries  and  the  extent 
of  their  jurisdiction,  to  the  great  detriment  of  both  ;  and  the  contests 
arising  therefrom  have  been  attended  with  great  confusion  and  disorders, 
and  are  likely  to  be  productive  of  further  most  mischievous  conse- 
quences ;  to  prevent  which,  and  to  remove  the  cause  of  future  dis- 
putes, it  appears  necessary  that  a  line  of  jurisdiction  between  this 
province  and  the  province  of  New  York  should  be  settled  by  the 
mutual  consent  and  authority  of  the  legislatures  of  both  governments, 
agre[e]able  to  his  majesty's  most  graciousjj^esigns  and  permission, 
signified  by  the  right  hon[om,]ble  the  Earl  of  Shelburne  ;  and  whereas 
great  doubts  arose  in  the  minds  of  the  commissaries  of  New  York,  on 
the  conference  at  New  Haven,  whether  the  commissaries  on  the  part  of 
this  province  were  sufficient!}'  authorized,  by  a  resolve  of  the  court 
onl}',  to  treat  with  the  commissaries  on  the  part  of  New  York,  and 
settle  the  line  of  jurisdiction  between  the  said  provinces ;  for  the 
removal  of  such  doubts,  and  to  the  intent  that  his  majesty's  gracious 
recommendation  of  an  amicable  settlement  tna}',  if  possible,  be  com- 
plied with, — 


994 


Peovince  Laws.— 1767-68. 


[Notes.] 


Commissaries 

empowered  to 
agree  on  a  line 
of  jurisdiction. 


WTiich  Mne 

shall  remain 
such,  after 
receiving  the 
royal  eanctioa. 


Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

That  the  Hon[ora]ble  Thomas  Hutchinson,  Esq^''^,  lieutenant-gov- 
ernor of  this  province,  the  IIon[ora]ble  William  Brattle,  Esq"^'^.,  and 
Edward  Sheaffe,  Esq^""^.,  shall  be  commissaries  on  the  part  of  this  prov- 
ince, who  shall  have,  or  the  major  part  of  them  shall  have,  and  hereby 
are  declared  to  have,  full  power  and  authority'  to  agree  with  the  com- 
missaries appointed  on  the  part  of  New  York,  on  a  line  to  be  run,  for  a 
line  of  jurisdiction,  between  the  two  provinces,  to  which  line  of  juris- 
diction this  province  shall  extend  ;  and  after  such  a  line^  is  agreed  upon 
and  determined  by  the  commissaries  on  both  sides,  or  the  major  part 
of  them  for  each  government,  the  commissaries  appointed  by  this  act 
are  hereby  impowered  and  authorized  to  employ  such  surveyor  or  sur- 
veyors, chain-bearers,  and  such  and  so  many  other  persons  as  may  be 
found  necessary  to  perform  the  executive  part,  to  run,  mark  and  ascer- 
tain the  said  line,  in  conjunction  with  such  as  may  be  appointed  for 
that  purpose  on  the  part  of  the  province  of  New  York.  And  the  set- 
tlement of  the  line  aforesaid,  by  the  commissaries  aforesaid,  shall, 
after  his  majesty's  confirmation  thereof,  be  and  remain  the  line  of  juris- 
diction between  the  said  provinces.  \_Passed  March  3 ;  published 
March  5,  1768. 


Notes. — All  the  acts  of  this  year,  public  aud  private,  were  printed, — chapter  8 
separately;  and  the  engrossments  of  all  are  preserved,  except  of  chapters  1,  '6,  4,  5, 
G,  7,  8,  9,  10,  11,  and  15. 

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

"  An  Act  to  empower  Abigail  Conqueret  of  Lancaster  in  the  County  of  Worcester, 
Wife  of  Lewis  Conqueret  Mariner  to  commence  and  prosecute  to  tinal  Judgment  and 
Execution,  certain  Action  or  Actions  against  Francis  Morris  and  Thomas  Legget  of 
Leominster  in  said  County,  and  for  subjecting  the  said  Abigail  Conqueret  to  the 
Action  or  Actions  of  the  said  Francis  Morris  and  Thomas  Legget,  as  though  she  was 
sole  and  unmarried." — [Passed  June  25. 

The  acts  of  the  first  session  were  certified  for  transmission  July  22, 1767.  No 
record  has  been  found  of  the  receipt  of  these  acts,  although  the  Governor's  letter 
dated  July  27,  stating  that  the  secretary  of  the  i^rovince  was  "  now  transmitting  " 
them,  was  read  at  the  Board,  October  13. 

The  report  of  Sir  Matthew  Lamb  upon  these  acts,  dated  January  18,  1768,  was 
received  January  1'.),  and  read  February  4,  when  the  draught  of  a  representation 
was  ordered  to  be  prepared  proposing  the  repeal  of  the  private  act  above  named. 
This  draught  was  prepared  and  signed  Februaiy  18,  1768. 

The  acts  of  the  second  session  were  certified  for  transmission,  April  5, 1768,  and 
laid  before  the  Lords  of  Trade  June  10,  1768,  when  they  were  ordered  to  be  sent  to 
Sir  Matthew  Lamb  for  his  opinion  thereon.  No  report  from  Sir  Matthew  Lamb  has 
been  found,  probably  none  was  made  by  him  since  his  death  occurred  on  the  sixth 
of  November  of  that  year.  A  vacancy  in  the  office  of  counsel  to  the  Board  of  Trade 
remained  from  the  decease  of  Sir  Matthew  Lamb  until  the  appointment  of  Richard 
Jackson  to  that  post,  on  the  30th  of  April,  1770.  On  the  14th  of  January,  1771,  Mr. 
Jackson  made  a  report  on  these  acts — which,  it  appears,  had  been  sent  to  him  by 
order  of  the  Lords  of  Trade  for  that  purpose — that  he  was  of  opinion  that  the  same 
were  proper  in  point  of  law.  He,  however,  made  several  comments  on  chapter  22, 
as  shown  in  the  note  to  that  chapter  post. 

As  nothing  to  the  contrary  appears,  it  is  to  be  presumed  that  the  public  acts  of 
this  year  received  a  virtual  ajiproval  by  lapse  of  time. 

Chap.  2.  "  June  G,  1764.  A  Petition  of  George  Duncan  and  Others,  Inhabitants  of 
the  North  East  Quarter  of  Rutland  containing  aboixt  six  miles  Sqttare  Setting  forth. 
That  there  are  now  better  than  thirty  Families  living  on  the  said  District,  and  their 
numbers  increasing;  but  that  they  labour  under  great  Inconveniencies  for  want  of 
being  Incorporated.  And  Prf|ling  that  the  said  Tract  of  Land  may  be  erected  into  a 
Town  or  District  as  the  same  is  bounded  viz'  Southerly  on  Rutland,  Westerly  on 
Rutland  District,  Northerly  on  Templeton  and  Easterly  on  Prince  Town. 

In  Council  Read  and  Ordered  That  the  consideration  of  this  Petition  be  referred 
to  the  next  Sitting  of  the  General  Court,  and  that  the  Petitioners  insert  the  Sub- 
stance thereof  in  the  Boston  News  Papers,  that  so  the  Proprietors  of  the  North  East 
Quarter  of  Rutland  may  shew  cause,  if  any  they  have,  on  the  second  Wednesday  of 
the  next  Sitting  of  the  General  Court  why  the  Prayer  thereof  should  not  be  granted. 

In  the  House  of  Reiiresentatives  Read  and  Concurred." — Council  Records,  vol. 
XXV.,  p.  2m. 

"  Jan.  18,  1765.  A  Petition  of  George  Duncan  &  others,  Inhabitants  of  the  North 
east  quarter  of  Rutland  praying  to  be  erected  into  a  Town  or  District,  as  entered  the 
G"'  of  June  last.— 


[Notes.]  Pkovince  Laws.— 1767-68.  995 

In  Council,  Read  again  together  witli  the  Answer.  And  Ordered  that  this  Petition 
"be  dismissed.  Sent  dosvn  for  Concurrence." — I  bid.,  p.  341. 

"  Feb.  17,  1767.  A  Petition  of  the  Inhabitants  of  the  Northeasterly  Quarter  of  the 
Town  of  Rutland — Setting  forth  That  the  said  Quarter  being  of  the  contents  of  six 
miles  square  is  capable  of  making  a  very  good  Town.  That  tliey  live  at  a  great 
distance  from  the  place  of  public  worship  in  Rutland,  that  they  have  no  Roads  laid 
out  and  labour  under  many  other  difficulties  by  remaining  a  part  of  the  Town  of 
Rutland.  And  praying  that  the  said  northeast  quarter  thereof  may  be  erected  into 
a  separate  Town  or  District;  and  that  there  maybe  a  Tax  of  one  penny  per  acre 
upon  all  the  nonresident  proprietors  Lands  therein  for  three  years  to  enable  them  to 
make  and  Repair  Roads  and  to  settle  the  Gospel  among  tliem. 

In  the  House  of  Representatives.  Read  &  ordered  that  the  Petitioners  notify  the 
nonresident  Proprietors  of  said  northeast  Quarter  of  Rutland  of  this  Petition  by  in- 
serting the  substance  of  it  in  one  or  more  of  the  Boston  news  papers  three  Weeks 
successively  that  they  shew  cause,  if  any  they  have  on  the  second  Wednesday  of  the 
next  sitting  of  the  General  Court  why  the  prayer  thereof  should  not  be  granted. 
In  Council,  Read  &  Concurred." — Ibid.,  vol.  XXVI.,  p.  o8(). 

"June  5,  17G7.  A  Petition  of  the  Inhabitants  of  the  N  E  Quarter  of  Rutland 
praying  for  a  Tax  on  the  Lands  of  the  nonresident  proprietors,  and  that  the  said 
Quarter  may  be  incorporated,  as  entered  the  17"^  of  February  last. 

In  Council,  Read  again:  and  it  appearing  that  the  Petitioners  &  nonresident  pro- 
prietors had  come  to  an  Agreement  that  there  should  be  a  Tax  of  one  penny  4^  Acre 
lai<l  upon  all  the  Lands  of  the  nonresident  proprietors  lying  in  the  Northeast  Quarter 
of  Rutland  for  one  year  only,  to  enable  the  Inhabitants  to  make  and  repair  Roads. — 
Ordered  that  there  be  a  Tax  of  one  peny  4^' Acre  laid  on  the  said  Lands  accordingly: 
And  that  the  Petitioners  have  leave  to  bring  in  a  Bill  for  Incorporating  the  said 
Quarter  into  a  District  In  the  House  of  Representatives,  Read  &  Concurred. 
Consented  to  by  the  Governor." — Ibid.,  vol.  XXVII., p.  27. 

Chap.  8.  "  June  VI,  1766.  The  Secretary  also  carried  down  to  the  House  a  Mes- 
sage from  the  Governor,  founded  on  a  Petition  of  Francis  Le  Blanc  a  French 
Accadian  praying  Relief,  accompanying  the  said  Message  which  is  as  follows  viz* — 

Gentlemen  of  the  House  of  Representatives. 

The  annexed  Petition  of  Francis  Le  Blanc  having  been  presented  to  me,  I  com- 
municated it  to  the  Council,  and  at  their  desire  I  lay  it  before  You.  It  speaks  so 
fully  for  itself  that  I  can  add  nothing  to  enforce  it.  Fka.  Bek2<akd." — 

Council  Records,  vol.  XXVI.,  p.  252. 

"  June  24,  17()().  In  the  House  of  Representatives.  Resolved  that  the  prayer  of 
the  Petition  of  Francis  Le  Blanc  be  so  far  granted  That  the  Sum  of  Five  pounds  two 
shillings  and  eight  pence  be  paid  out  of  the  Province  Treasury  to  pay  the  Doctors 
Bill  as  set  forth  in  the  said  Francis's  Petition:  and  that  the  Town  of  Brimfield  and 
South  Brimfield  be  notified  that  they  may  shew  cause  if  any  they  have,  on  the 
second  Tuesday  of  the  next  sitting  of  this  Court  why  the  Sum  of  Five  pounds  two 
shillings  and  eight  pence  should  not  be  ad<led  to  their  next  years  Province  Tax.  In 
Coi;ncil,  Read  and  Concurred.     Consented  to  by  the  Governor. 

N.  B.  The  foregoing  Petition  was  recommended  by  the  Governor  tn  a  Message 
the  12"!  Instant."— 76/rf.,  p.  281. 

"  Mar.  10,  1707.  A  Petition  of  Israel  Dewey  and  Others  Selectmen  of  Great  Bar- 
rington— Setting  forth— That  the  Towns  of  Sheffield,  Great  Barrington  and  Egre- 
mont  are  joined  by  Law  in  the  choice  of  Representatives,  and  were  to  be  assessed 
in  iiroportion  towards  their  paj^;  but  that  they  aijprohend  there  has  been  some  mis- 
take in  proportioning  the  same  this  year,  and  that  Great  Barrington  has  been  over 
rated.    And  praying  Relief. 

la  the  House  of  Representatives  Read;  and  it  appearing  that  the  facts  set  forth  in 
this  Petition  are  true,  and  that  there  was  a  mistake  in  apportioning  the  Representa- 
tives pay  in  the  Towns  of  Sheffield  and  Great  Barrington,  the  Town  of  Sheffield's  just 
proportion  being  £17:  9:  G  and  the  Town  of  Great  Barrington's  but  £9:  15:  6,  so 
that  it  appears  that  Great  Barrington  paid  £3:  14:  6  more  than  its  just  proportion. 
Therefore  Resolved  That  said  Sum  of  Three  pounds,  fourteen  shillings  and  six 
pence  be  deducted  out  of  the  Town  of  Great  Barrington's  Province  Tax  in  the  next 
Tax  Bill  &  added  to  the  Town  of  Sheffield.  In  Council,  Read  and  Concurred. 
Consented  to  by  the  Governor." — Ibid.,  p.  454. 

"  Mar.  11,  1767.  Advised  and  Consented  that  a  Warrant  be  made  out  to  the 
Treasurer  to  pay  unto  Benjamin  Lincoln  Esq''  and  Committee  appointed  in  June 
last  to  repair  to  Westfield,  the  sum  of  Eleven  Pounds  ten  shillings,  allowed  by  the 
General  Court,  to  discharge  their  account  of  time  and  expence  in  the  affair  (said  sum 
to  be  apportioned  on  the  Several  Towns  and  Districts  in  the  County  of  Hampshire 
in  the  next  Province  Tax.)" — Executive  Records  of  the  Council,  1765-1774,  p.  205. 

"  June  10, 1767.  A  Petition  of  Daniel  Stimj^son  in  behalf  of  the  Inhabitants  oi  the 
Town  of  Winchendon — Setting  forth  That  there  has  been  a  Tax  laid  upon  them  by 
the  Government  for  six  years  amounting  in  the  whole  to  £167:3:4  none  of  which  has 
been  yet  paid  by  reason  of  the  smalness  of  their  numbers  and  their  extreme 
poverty:  and  praying  that  the  said  Tax  maybe  abated,  and  that  they  may  be  ex- 
empted from  any  further  Tax,  till  they  shall  be  better  able  to  bear  it. 

In  the  House  of  Representatives.  Read  and  Ordered  that  the  Town  of  Win- 
chendon be  eased  of  the  Taxes  of  one  hundred  and  sixty  seven  pounds  three  shil- 
lings &  four  pence  laid  on  them  for  six  years  past:  and  that  the  said  Sum  be  added 
in  this  years  Tax  Bill  to  the  following  Towns  in  the  County  of  Worcester  Avhich 
were  eased  of  the  same  Tax  in  proportion  as  the  following  Towns  were  eased  by 
laying  the  same  Tax  on  the  said  Winchendon  viz'  on  Worcester,  Lancaster,  Men- 
don,  Brookfield,  Oxford,  Sutton  Rutland,  Leicester,  Westborough,  Shrewsbury, 


996  PitoviNCE  Laws. — 1707-68.  [Notes.] 

Lunenburgh,  Uxbridge,  Harvard,  Dudley,  Bolton,  Stiirbridge  Leominster,  Hard- 
wick,  Western,  Douglas  &  Petersham. 

In  Council,  Read  and  Concurred,  Consented  to  by  the  Governor." — Council 
Becords,  vol.  XXVIL,  p.  37. 

"June  11,  17()7.  On  a  iNIotion  made  and  seconded,  Ordered,  That  the  Sura  of  one 
Hundred  and  thirty  two  Pounds  be  laid  on  the  Towns  of  Newbury  and  Newbury- 
Port,  in  their  several  proportions  in  the  next  Tax  Act,  being  a  Tax  laid  on  the  Town 
of  Newbury  in  17(il,  and  not  paid  into  the  Treasury." — House  Jourmil,  17G7-G8,  p.  40. 

"June  12,  17<)7.  The  Committee  on  the  Petition  of  Timothy  Paine,  Esq;  and 
others  Reported. 

Read  and  Resolved,  That  the  Prayer  be  s^ranted,  and  that  there  be  paid  out  of  the 
publick  Treasury  to  Timothy  Paine,  and  John  Murray,  Esq'rs  thirty  Shillings  each, 
and  to  Moses  Marcy,  Esq:  one  Pound  four  Shillings,  being  four  Pounds  four  Shil- 
lings, in  full  of  the  Account  mentioned  in  the  Petition,  and  that  the  same  be  added 
to  the  Province  Tax  on  South  Brimfield  the  present  Year.  Sent  up  for  Concur- 
rence."—/&jc?.,  p.  4G. 

Chap.  10.  The  act  of  the  last  year  (1766-fi7,  chap.  8),  to  prevent  frauds  by  the 
adulteration  of  potash  and  pearlash,  expired  by  limitation,  July  20,  1767.  On  the 
day  of  its  jiassage,  however,  the  House  of  Representatives  renewed  their  efforts  to 
ascertain  the  best  jirocesses  of  making  and  assaying  potash,  with  a  view  to  such  fur- 
ther legislation  as  would  effectually  encourage  its  manufacture  and  prevent  its  adul- 
teration, by  appointing  a  committee,  consisting  of  the  Speaker,  Mr.  Adams  and  Mr. 
Hancock,  to  write  to  the  Society  of  Arts,  Manufactures  and  Commerce,  in  London, 
relative  to  the  subject,  and  directing  the  Speaker  to  sign  and  forward  the  letter. 

All  that  has  been  discovered  of  this  correspondence  is  the  following  rejily  of  Dr. 
Templeman,  the  secretary  of  that  society: — 

"  Sir,  The  favour  of  Your  Letter  was  received,  which  was  immediately  com- 
municated to  the  Society;  who  have  directed  me  to  summon  the  joint  Committees 
for  Chemistry  and  the  Colonies  on  so  interesting  a  subject,  and  likewise  to  write 
Letters  to  the  most  eminent  Chemists  in  England,  who  happen  not  to  be  Members  of 
this  Society,  and  to  send  them  Specimens  of  different  sorts  of  Pot  Ash  imported  from 
America;  requesting  them  to  examine  the  Pot  Ash  with  the  greatest  accuracy,  and 
to  report  their  opinions  on  so  important  an  affair. 

As  You  mention  in  Your  Letter  that  You  are  uncertain  whether  the  Process  that 
has  been  followed  in  making  the  Pot  Ash  is  a  good  one;  in  order  to  form  a  judgment, 
in  that  particular,  the  Society  request  the  favour  of  You  to  procure  and  send  them 
an  Account  of  the  Process  that  has  been  made  use  of,  and  also  Specimens  of  the  Salt 
so  made,  in  order  to  make  Experiments  thereon. 

The  Society  have  much  at  heart  this  valuable  Branch  of  Commerce;  and  think 
themselves  much  obliged  to  the  Honourable  House  of  Representatives  for  this  early 
Information.    I  have  the  honour  to  subscribe  myself  in  the  name  of  the  Society, 
Sir,  Your  most  obedient  humble  Servant 

Strand    November  8*1 1766  Pet  b  Teivipleman,  Secretary 

To  Thomas  Cushing  Esq. 

Speaker  to  the  Hon'''e  House  of  Representatives 

at  Boston  in  New  England." — Mass.  Archives, 
vol.  59,  p.  519. 

During  the  third  session  of  the  Assembly,  the  same  year,  another  committee,  con- 
sisting of  Messrs.  Hancock,  Tisdale,  Sheaffe,  Dexter  and  Taylor  of  the  House,  and 
Messrs.  Danforth,  Brattle,  Bowdotu  and  Tyler  of  the  Council,  was  appointed  "  to 
inquire  into  the  jirocess  in  making  potash,  and  tlie  several  assays  that  have  been 
made  for  fixing  the  standard,  and  report."  This  committee  was  completed  by  the 
third  of  February,  and,  some  three  weeks  later,  submitted  the  following  report: — 

"  The  Committee  of  both  Houses  appointed  for  the  purposes  mentioned  in  the 
Second  article  of  the  annexed  Order,  having  been  informed  that  two  young  Gentle- 
men in  the  Town  of  Boston  (namely  D''  Danforth  &  D''  Warren)  had  taken  no 
small  pains  &  made  a  great  variety  of  Experiments  in  order  to  discover  the  Fraud 
used  in  the  adulteration  of  Potash  &  pearlash  and  had  at  length  succeeded  therein. 
The  Committee  applied  to  those  Gentlemen  to  show  a  specimen  of  their  skill  in  that 
matter,  who  attended  them  accordingly  &  made  sundry  curious  Experiments  ou 
those  Manufactures,  not  only  on  such  as  were  genuine  &  unmixed,  but  on  such  as 
were  adulterated  with  Lime  or  Sea  salt,  as  also  on  such  as  had  been  adulterated 
with  both;  and  made  different  Experiments  for  those  different  purposes,  as  also  an 
experiment  for  investigating  the  greater  or  less  degree  of  the  adulteration.  These 
several  Tryals  were  exhibited  in  the  presence  and  view  of  the  Committee  and  the 
Success  of  'em  was  answerable  to  what  those  Gentlemen  had  (before  the  making 
them)  given  us  to  exjiect;  and  as  their  method  of  assaying  required  as  little  time  as 
perhaps  the  nature  of  the  Case  will  admit  of.  The  Committee  are  humbly  of  opinion 
that  these  discoveries  relative  to  the  Subjects  mentioned,  are  worthy  the  attention 
of  the  Government,  as  they  may  be  of  great  advantage  for  detecting  fraud  alent 
practices  in  preparing  those  manufactures  and  for  supporting  the  Credit  of  an  arti- 
cle (for  Exportation)  of  the  greatest  Importance  to  this  Province. 
Which  is  humbly  submitted 

'W.  Brattle    by  order." — Ibid.,  p.  529. 

This  report  was  accepted  by  the  Council,  Feb.  27,  and  another  committee  was 
nominated,  to  consider  and  report  what  action  should  be  taken  "  in  consequence  of 
said  report."  In  this,  the  House  refused  to  concur,  but  ordered  the  report  to  be  re- 
committed to  the  same  committee,  together  with  the  following  petition  of  William 
Frobisher. 

This  person,  whose  name  first  appears  in  the  records  of  the  Assembly  early  in  1765, 


[Notes.]  Province  Laws.— 1767-68.  997 

as  a  petitioner  in  connection  with  this  business,  was  subsequently  generally  atlmit- 
ted  to  be  the  inventor  of  the  process  of  manufacturing  potasli,  which  came  to  be 
universally  adopted  in  the  province.*  He  was  afterwards  appointed,  under  the  state 
government,  assayer-general  of  potash  and  pearlasli.  His  petition  whicli  was  re- 
ferred to  the  above  committee  was  presented  some  time  before  the  foregoing  report 
was  made,  and  ran  as  follows: — 

"  To  his  Excellency  Francis  Bernard,  Esq""  Governor  in  Chief  in  and  over  his  Maj- 
esty's Province  of  the  Massachusetts  Bay;  the  Hon^ie  the  Council  and  House  of  Rep- 
resentatives in  General  Court  assembled  Jau^y  28''^  A.  D.  1767. 

The  Petition  of  William  Furbisher  of  Boston,  Humlily  shews.  That  your  Peti- 
tioner in  the  Year  1753  after  long  Study  and  indefatigable  Industry  found  the  true 
Way  and  Method  of  making  Potash  in  America,  and  shipped  two  Tons  of  the  same 
in  the  Year  1754  for  London,  and  went  himself  with  the  same;  which  Potash  by  the 
Trial  of  a  skilful  Chymist  and  one  of  the  best  Soapboiler's,  both  of  London  was 
highly  approved  of.  In  September  1755,  your  Petitioner  returned  to  Boston;  at 
which  Time  Potash  was  at  a  low  Price,  Insurance  and  Freight  high;  for  which  Rea- 
son he  was  obliged  to  lay  aside  the  making  Potash;  and  missing  his  due  Reward  he 
was  disenabled  from  pursuing  the  same,'  altho'  a  Reward  of  $0000— Sterling  was 
granted  by  Act  of  Parliament  to  M^  Thomas  Stevens  t  for  his  Discovery  and  Publish- 
ment of  the  same:  whose  method  has  since  plainly  appeared  to  be  of  no  Service, 
either  to  the  Mother  Country  or  America;  whereas  your  Petitioner's  Plan  gave  Light 
to  the  making  whatever  has  been  made  good  since  in  America,  whatever  may  be 
said  to  tlae  contrary.  And  to  enable  your  Petitioner  to  effect  the  same  he  was 
obliged  to  sell  off  his  utensils  for  carrying  on  the  Soapboiling,  and  Tallowchandlers 
Business,  and  quitted  a  well  accustomed  Shop  in  Boston,  and  removed  about  Sixty 
Miles  in  the  Woods  to  fix  his  Works  he,  togetlier  with  M^  Caleb  Wilder  (who  he 
taught  the  Business)  erected  Works,  and  for  some  Time  employed  from  30  to  40 
Hands  daily;  and  your  Petitioner  lost  both  Hands  &  Labour.  Your  Petitioner 
•would  represent  to  your  Excellency  and  Honour,  that  when  he  was  in  London  he 
was  at  Great  Expence  and  Trouble  in  attending  the  Right  Hon^ie  his  Majesty's 
Commissioners,  Chimists,  and  Soapboilers,  in  proving  the  Potash  he  carried  Home 
to  be  good,  and  the  Probability  of  the  Mother  Country's  being  supplied  with  Potash 
from  America,  and  other  advantages  that  might  arise  to  them  by  making  Remit- 
tances, as  well  as  making  a  Wilderness  in  America,  become  a  fruitful  Field:  After 
all  this  Your  Petitioner  returned  Home  to  Boston  in  great  anxiety  of  Mind,  having 
sunk  his  all,  got  greatly  in  Debt  and  spent  the  Prime  of  Life;  Wherefore  Your  Peti- 
tioner humbly  prays  your  Excellency  and  Honors  to  take  his  Case  into  your  wise 
consideration,  with  the  Schedule  hereto  annexed,  and  that  you  would  be  pleased  to 
appoint  him  Assayer  of  Potash,  brought  to  this  Market  under  such  Regulations  as  la 
your  great  Wisdom  you  shall  think  proper — and  in  Duty  bound  shall  ever  pray, 

Boston  Feby  Q^^  1767.  W.  FfiOBiSHEK."— /6?:d.,  p.  520. 

The  following  is,  probably,  the  "  schedule"  referred  to  in  the  petition.  It  is  fol- 
lowed, here,  by  a  recommendation  from  leading  citizens  of  Boston,  which  seems  to 
have  been  presented  at  the  same  time. 

"  The  fixing  a  proper  Plan  for  making  Potashes  to  one  Standard,  and  proving  it 
when  it  is  not  so,  is  as  interesting  to  America,  as  the  first  Discovery  of  it  was.  As  a 
proper  Direction,  it  is  to  be  laid  down  from  the  first  taking  of  Wood  Ashes  to  the 
finishing  the  Potash:  and  as  this  is  certainly  the  Case  in  Russia  &  it  concerns  us  to 
be  on  the  same  Footing,  or  a  better  if  we  can:  and  as  I  was  encouraged  by  John 
Hancock,  Esq""  to  look  into  the  assaying  of  Potash,  and  fixing  the  Regulations  to 
make  the  same  to  one  Standard  of  Goodness,  I  do  presume  to  give  Reasons  to  a 
Committee  of  this  hon^'e  Court,  if  they  shall  think  fit  to  appoint  one,  for  the  Sedi- 
ments being  so  unequal,  That  is,  from  ten  Grains  only,  from  one  Ounce  to  two  Penny 
weight  ten  Grains,  the  Potash  equally  looking  well  and  merchantable  to  the  Eye; 
and  also  to  shew  how  to  avoid  the  same,  and  to  reduce  these  extravagant  Sedi- 
ments; and  also  the  method  to  be  taken,  that  the  manufacturing  of  Potash  may  be 
fully  known  in  America,  and  as  fully  vindicated  at  Home  to  be  as  good  as  any  that 
ever  arrived  at  the  London  market  from  Russia,  or  elsewhere;  and  that  by  this 
Method  the  Manufacturer  of  Potash  may  make  as  much  in  Quantity  as  he  has  done 
formerly,  and  in  my  Opinion  he  may  make  more;  as  I  judge  by  my  long  and  daily 
Experience  of  almost  twenty  years  in  Wood  Leeches,  I^think  I  have  got  as  much 
good  Lve  from  fifty  Bushells  'of  Ashes  as  I  have  got  from  fifty  eight,  which  is  a 
great  advantage;  and  I  would  observe,  that  in  Case  the  Maker  of  Potash  makes 
a  misgo  so  that  the  Potash  don't  turn  out  to  his  mind  he  may  be  directed  how 
to  mend  it;  and  in  that  Case  he  bring  none  to  Boston  but  such  as  will  bear  to 
be  inspected,  and  in  another  Case,  I  hope  to  give  Light  in  England  to  the  Con- 
sumption of  Potash  as  ten  to  one.  at  present  the  hard  Soap  Boilers  in  England 
do  not  make  use  of  Potash  in  making  hard  Soap,  but  Spanish  ashes ;  and  I  have 

*  "  Pot  and  pearl  ash  are  placed  among  the  manufactures  of  Boston,  as  they  were  begun  here, 
particularly  the  former,  about  forty  or  fifty  years  ago,  and  have  been  made  in  it  since  the  revolu- 
tion. They  have  now  ceased  in  this  town  :  The  price  of  wood  will  not  admit  of  their  being  carried 
on  to  advantage  in  the  capital. 

*  *  *  *  *  * 

Mr.  William  Frobisher  of  this  town  claims  the  merit  of  being  the  first  manufacturer  of  potash, 
who  thoroughly  investigated  the  process  now  in  use,  and  communicated  it,  and  demonstrated  tho 
superiority  of  American  potash  to  that  of  Russian  in  making  soap." —  "Description  of  Boston" 
(1794),  in  Collections  of  Mass.  Hist.  Soc,  vol.  3  (Ut  Series),  p.  281. 

t  "  Sabbnti,  12°  die  Aprilis;  Anno  28°  Georgii  II<^  Regis  1755. 

Resolved,  That  it  is  the  Opinion  of  this  Committee,  That  a  Bum  not  exceeding  Three  thousand 
Pounds,  be  granted  to  his  Majesty,  to  be  paid  to  Thomas  Stephens,  as  a  Reward  for  discovering 
bis  Method  of  making  Pot  Ash,  and  introducing  that  Manufacture  into  the  British  Plantations  ia 
America."— Journal  of  House  of  Commons,  vol.  XXVII.,  p.  281. 


998  Peovince  Laws.— 1767-68.  [Notes.] 

by  Experiments  found  a  method  of  making  it  with  Potash,  of  which  I  have  a 
Sample  to  produce;  and  as  the  hard  Soap  boilers  in  England  are  Twenty  to  one  to 
those  that  make  soft  Soap,  the  Consumption  must  be  vastly  increased." — Ibid., 
p.  525. 

"  Boston  FeVy  10"i  1767. 
We  the  Subscribers  having  perused  the  Schedule  annexed  to  the  Petition  of  M' 
William  Forbisher,  &  do  approve  of  his  Plan  for  his  making  of  Potashes  to  one 
Standard,  and  would  recommend  it  to  the  Consideration  of  the  Honi^ie  Court;  as  a 
proper  Regidation  of  the  same  would  be  of  as  great  advantage  to  America  as  the  first 
Discovery  of  it. 

Jonathan  Simpson 
Danl  Hubbakd 
WM   Hubbard 
Nath^  Greene 
Benj  Greene  Jun 
Jas  Green 
Nicho  Boylston 
JoN'^  Amort 
Jno  Amoey 

Joseph  &  Dani-  Waldo 
William  Phillips 
John  Rowe 
Henry  Laughton 
Blanchard  &  Hancock 
William  Bowes 

Stephen  Deblois  Jr." — Ibid.,  }j.  528. 
While  the  committee  had  the  subject  under  consideration,  after  recommitment,  Mr. 
Frobisher  addressed  to  them  the  following  petition: — 

"  To  the  Honbie  Samuel  Danforth  Esq''  Chairman,  and  the  Hon^e  Gentlemen  of 
the  Committee  relative  to  my  Petition.  Wharcas  I  did  petition  to  the  honbie  Court 
signifying  the  great  Expences  and  Losses  I  had  been  at  in  the  first  making  of  Potash 
in  America:  And  whereas  I  have  after  numerous  Experiments,  and  great  Loss  of 
Time  and  Labour,  at  Length  discovered  a  Method  of  making  Potash,  which  will 
bring  it  to  the  merchantable  Standard;  and  which  being  communicated  to  the  Pub- 
lick  will  enable  any  Person  to  make  it  agreable  to  that  Standard,  and  mend  what 
is  of  an  inferior  Quality,  so  as  to  bring  it  up  to  the  Standard;  For  want  of  which 
knowledge  the  Manufacturers  at  present  labour  under  great  Inconvenience  and  Dis- 
couragements; and  the  Potash  sent  to  England  being  of  an  inferior  Quality  and  of 
different  Degrees  of  Goodness,  make  the  Value  of  it  to  the  Purchaser  quite  uncer-. 
tain;  and  by  this  means  it  has  got  into  great  Disrepute,  to  the  great  Detriment  of 
the  Province— now  as  I  apprehend  the  Method  I  have  discovered  will  serve  to  bring' 
the  Potash  made  in  the  Province  all  to  one  uniform  Standard  whereby  the  Incon- 
veniences aforesaid  may  be  remedied,  I  beg  Leave  to  make  the  following  Proposal,' 
Viz'  That  in  Case  the  Honorable  Court  will  make  me  a  Grant  of  a  Sum  equal  to  my 
Losses  aforesaid,  being  upwards  of  Seven  Hundred  Pounds  Sterling;  the  Payment 
thereof  to  be  made  to  me  within  a  reasonable  Time  after  it  has  been  found  by  Ex-- 
perience,  that  the  Method  will  answer,  and  be  of  publick  Utility;  and  of  which  the 
honorable  the  General  Court  shall  be  themselves  the  Judges,— I  will  communicate 
my  Method  of  making  Potash,  and  the  whole  of  my  knowledge  relative  thereto. — 
If  it  should  not  succeed  the  Sum  granted  will  not  be  paid;  but  if  it  should  succeed 
the  Benefit  arising  to  the  Province,  will  by  many  Degrees  more  than  counterbalance 
the  Sum  to  be  granted.  This  Proposal  I  pray  the  Favour  of  the  honorable  Commit- 
•tee  to  communicate  to  the  Great  and  General  Court.    I  am       Gentlemen, 

Y'"  Humble  Servant 
Boston  March  16*  1767.  W^  Frobisher."— Ibid., 

p.  532. 

On  the  19th  of  March  the  committee,  having  been  changed  by  the  substitution  of 
Messrs.  Taylor  and  Hussey  for  Col.  Taylor  and  Mr.  Dexter,  and  Capt.  Thayer  in 
place  of  INIr.  Hancock,  reported  as  follows: — 

"  The  Committee  of  both  Houses  appointed  on  the  28'^  of  Jany  last  to  enquire  into 
the  Process  of  making  Pot^h — &  the  several  assays  that  have  been  made  for  fixing 
the  standard;  To  whom  also  the  Petition  of  W™  Frobisher  toogether  with  a  former 
Report  of  your  said  Committee  relative  to  the  several  Assays  (made  in  their  Presence 
&  View)  i'or  assaying  of  Potash — &  discovering  when  the  same  was  adulterated,  & 
to  report  what  may  be  proper  for  the  Court  to  do  thereon — Having  duly  considered 
the  same — Report  as  follows — viz.  That  the  Petitioner  W™  Frobisher  declared  to 
the  Committee  that  he  was  not  desirous  of  being  concern'd  as  assayer  of  Potash — ; 
but  in  relation  to  a  uniform  method  of  making  good  &  merchantable  Potash,  He  de- 
livered to  the  Committee  certain  Proposals  in  Writing  (to  be  communicated  to  this 
Hon^i^  Court)  relative  to  the  Discovery  of  such  his  method  for  the  Benefit  of  the 
Publick,  Which  Proposals  are  herewith  exhibited  for  the  Consideration  of  the  Gov- 
ernment. 

as  as  to  what  respects  the  Report  which  was  committed  to  us  for  Consideration^ 
We  are  humbly  of  opinion  that  for  ascertaining  the  Goodness  &  Purity  of  Potash  & 
Pearl  ash  that  may  be  exposed  to  Sale  for  Exportation,  &  discovering  any  adultera- 
tion therein — and  for  supporting  the  Credit  of  those  Commodities — ,  That  one  or 
more  assayers  be  appointed  by  this  Court — for  assaying  of  the  same,  and  that  a 
Bill  be  prepared  &  brought  in  for  setting  forth  their  Duty,  &  regulating  the  Busi- 
ness that  shall  be  assigned  them — 

Which  is  submitted— 

W.  Brattle    ^  order."— 76/(1.,  p.  534. 


[Notes.]  Province  Laws.— 176T-68.  999 

This  report  was  read,  and  the  consideration  thereof  was  referred  to  the  first  session 
of  the  next  Assembly. 

At  the  May  session,  1767,  tlie  present  chapter,  differing  from  chap.  8,  17fifi-67,  only 
in  the  omission  of  §  2,  and  the  exception  in  §  5,  of  the  former  act,  was  passed;  and 
nothing  further  of  importance  relating  to  this  subject  appears  in  the  records  until 
the  third  session,  when  another  committee,  consisting  of  Messrs.  Partridge,  Sheaffe 
and  Hall,  was  appointed  by  the  House,  "  to  consider  of  some  methods  to  prevent 
the  adulteration  of  potash,  and  to  preserve  that  manufacture  in  the  province."  To 
this  committee,  Messrs  Brattle  and  Tyler,  of  the  Council,  were  subsequently  joined. 

Mr.  Frobisher,  soon  after,  renewed  his  petition,  re-inforced,  now,  by  the  certificate 
of  the  "  Two  Emminent  Physitians  "  referred  to  therein,  and  a  commendatory  letter 
from  Benjamin  Lincoln,  Jr.,  to  his  father,  in  whose  manufactory,  at  Hinghara,  Fro- 
bisher had  been  performing  certain  experiments  illustrative  of  his  method  of  making 
potash.  This  petition,  which,  with  the  accompanying  papers,  follows  below,  was 
immediately  referred  to  the  committee  aV)ove  named: — 

"  To  His  Excellency  Francis  Bernard  Esq  The  Honourable  the  Counsel  and  the 
Honourable  the  House  of  Representatives  in  General  Court  Assembled  January. 
1768  The  humble  petition  of  William  Frobisher  &c  sheweth  That,  in  the  year  1751 
and  1752,  your  petitioner  was  upon  the  discovery  of  a  process  for  making  pot:  ashes, 
and  in  the  year  1753  discovered,  what  in  fact  was  the  design  of  the  Brittish  Parlia- 
ment, in  granting  the  £3000;  viz'  for  a  method,  practicable  and  adapted  to  the  cir- 
cumstances of  the  Colonists  in  general,  whereby  they  might  make  pot:  Ashes  equally 
good,  and  merchantable  with  the  best  then  in  demand,  and  which  were  then  pur- 
chas'd  of  Forreigners.  In  the  Year  1754.  Your  Petitioner,  made  four  Hogsheads  and 
embark'd  with  them  for  London;  where  upon  his  arrival  he  apply'd  to  two  emmi- 
nent Chymists  for  Assay,  and  afterwards  to  a  soap:  maker  for  practical  proof  of 
them,  all  of  whom  declar'd  them  posses'd  of  all  the  Quality,  of  the  best  forreign 
Ashes:  and  as  such  declar'd  their  ready ness  in  the  publick  prints,  to  give  an  attested 
proof  thereof.  At  this  Junctui'e  M^  Stevens,  was  upon  liis  applycation,  and  with 
the  Assistance  of  powerful  Friends,  obtaind  the  reward  Abovemention'd ;  for  the 
discovery  of,  and  making  publick  his  process,  which  with  the  construction  of  his 
utensils  time  has  fully  shewn,  to  be  so  complex  and  expensive,  that  even  persons 
of  Fortune  could  not  Attain  to  the  profitable  use  of  them,  and  must  have  been  at- 
tended with  the  total  overthrow  of  the  Manufacture,  had  not  the  present,  which  is  a 
crude  immitation  of  your  petitioners  process  stept  in.  Thus  disappointed,  your 
petitioner  had  the  additional  misfortune  by  a  great  importation  of  Russia  pot: 
Ashes,  which  effected  the  design  of  the  Russia  Merchants  in  reducing  the  market- 
able value  of  American  pot:  Ashes  upwards  of  50  per  Cent;  and  a  warr  with  f ranee 
which  then  broke  out  and  enhanc'd  the  j^remium  for  Freight  and  Insurance,  to  be 
Oblidg'd  to  return  to  America,  and  meet  his  ruin  without  remydy;  having  in  the 
undertaking  sunk  his  whole  interest  upwards  of  £700  sterling. — Since  which  time 
the  pot:  Ashes  made  in  America,  have  been  so  inferior  in  Quallity,  and  are  now  in 
such  disrepute,  as  to  prevent  the  advantages  of  this  Noble  staple,  becoming  so  ex- 
tensive as  otherwise  they  would.  Your  Petitioner  at  the  request  of  John:  Hancock 
esqf  having  made  a  thorough  exammination  into  the  several  causes  of  this  evil  and 
demonstratively  prov'd  them,  with  their  remydy,  in  the  presence  of,  and  at  the 
Manufactory  belonging  to  Benjamin  Lincoln  Jun""  Esq'' at  Hingham.  by  divesting 
the  Alkaline  Salts  of  every  heterogeneous  matter,  even  the  Neutral  salts  themselves 
in  a  practical  course  of  work,  which  Neutrals  Tho'  a  grand  Objection  when  Left  in 
the  Alkali,  yet  when  seperated  appears  to  have  great  Medicinal  Advantages,  as  will 
appear,  (Two  Emminent  Physitians  being  willing  to  render  the  Honourable  Court  an 
Account  of  them  if  desir'd).  Your  Petitioner  begs  Leave  to  Observe,  that  his  pro- 
cess is  calculated,  to  and  has  all  the  advantages  of  being  simple,  certain,  and  cheap, 
that  increases  the  quantity,  and  improves  the  quallity,  from  the  same  Materials 
without  Augmenting  the  expence  of  the  process. — Your  Petitioner,  thinks  it  unnes- 
sary  to  enlarge  on  the  advantages  that  may  result  from  the  publication  of  his 
Process  to  the  Publick,  farther  than  thus;  the  saving  to  the  manufactorer  in  his 
dust  ashes  is  vastly  considerable;  the  certainty  of  a  Flux  which  has  hitherto  been, 
and  must  continue  to  be  doubtful,  after  the  present  method  of  work,  will  be  estab- 
lish'd;  and  the  safety  of  the  merchant  here  in  the  purchase,  as  well  his  dependance 
on  its  reception  at  home  will  be  secur'd;  From  all  which  premises.  Your  Petitioner 
flatters  himself,  that  very  great  advantages  must  arise  from  the  publication  of  his 
process,  and  your  Petitioner,  in  case  the  Honourable  Court  should  not  think  the 
proofs  he  has  already  given  sufficient,  is  willing  to  give  such  farther  satisfaction  as 
shall  be  by  them  required,  and  Your  Petitioner  in  consideration  of  a  Grant  of  Un- 
Appropriated  Lands,  such  as  the  Honourable  Court  shall  Judge  Equall  to  his  past 
Misfortunes,  and  the  great  pains  and  expence  he  has  been  at  in  the  present  improve- 
ment, is  willing  to  publish  his  Process,  with  the  whole  of  his  knowledge  relative 
thereto:  and  if  the  said  process  does  not  prove  itself  of  Publick  Utility,  desires  no 
consideration,  btit  if  it  should  the  Advantages  must  by  far  more  than  Counter  bal- 
lance  the  Consideration.    And  Your  Petitioner  as  in  Duty  bound  Will  ever  Pray — 

William  Frobisher." — Ibid.,  p.  5^1. 

"  To  the  whole  Court  &c  The  encouragement  of  useful  Arts  having  ever  held  an 
high  place  in  the  Character  of  the  most  flourishing  States,  We  presume  it  will  not 
be  taken  amiss  that  we  recommend  to  the  notice  of  the  Fathers  of  our  Country  a  Dis- 
covery which  by  four  or  five  months  diligent  application,  and  close  observation,  we 
have  found  singularly  beneficial  to  ourselves  and  patients— M""  William  Frobisher 
having  extracted  a  certain  substance  from  Potash  in  preparation,  (which  he  observes 
much  injures  the  commodity  if  left  with  it)  first  applied  to  R.  Hirons  for  his  judgment 
upon  it,  who  after  some  examination  took  about  two  drams  of  it  disolved  in  water 
which  gently  operated  three  times  as  a  purge,  without  the  least  griping,  sickness 


1000  Peovince  Laws.— 1767-68.  [Notes.] 

or  uneasiness;  and  next  day  communicated  tlie  Salt  with  advice  how  it  appeared 
and  had  operated  to  T.  Young.  Y— order'd  some  sohitions,  filtrations,  mixtures  of 
acids  and  alkalies,  ustion,  decrepitation  &c  to  be  performed  on  it,  at  which  H —  was 
also  present  and  observing  no  signs  of  acid  or  alkali  or  any  thing  more  than  a  strongly 
fixed  Basis  of  Sea  Salt,  holding  some  afiinity  with  the  taste  of  Epsom  Salt  and  oper- 
ating in  a  fourth  part  the  quantity  with  more  ease  and  incomparably  greater  efficacy 
as  a  lenitive  purge,  and  beyond  any  thing  else  (of  equal  safety)  ever  tryed  by  either, 
as  a  kindly  opening  and  gently  deterging  alterative,  have  used  it  constantly  ever 
since,  and  their  first  stock  being  used  up  they  on  their  behalf  engaged  M''  Frobisher 
to  make  a  batch  of  Potash  on  purpose  to  furnish  them  with  the  Salt  abovementioned 
which  portion  was  found  equally  efficacious  with  the  former — The  process  for  obtain- 
ing this  salt  being  known  only  to  M''  Frobisher  and  Benjamin  Lincoln  Esq.  as  the 
subscribers  are  inforiued,  they  think  themselves  in  duty  bound  to  give  this  informa- 
tion, that  M"^  Frobisher  may  be  suitably  regarded  and  the  Country  put  in  possession 
of  a  medicine  which  every  skillful  Practioner,  knows  has  been  as  great  a  disidera- 
tum*  in  their  Art  as  Longitude  is  in  Sailing — Numerous  instances  of  the  above  re- 
lated Facts  will  be  given  at  any  time  when  called  for — 

^  RlCHd  HiKONS 

Boston  JanT  15th  lyes  Tno  Young 

*  A  medicine  that  in  a  small  quantity  and  not  greatly  disagreeable  will  scour  not 
only  the  first  passages  but  effectually  clear  the  Kidnies  Liver  and  remoter  glands  of 
any  slimy  or  not  immovably  fixed  matter." — Ibid.,  p.  540. 

"Hon'6  Sir  I  have  seen  M''  William  Frobisliers  Petition  to  the  General  Court  in 
which  he  Prays  he  may  be  compensated  for  his  Great  care  pains  &  Expence  in  having 
made  a  thoro  Examination  into  the  Several  causes  why  Our  American  Pot-Ashes 
are  of  an  Inferior  quallity  &  for  discovering  the  Same  and  a  remedy  thereof  he  men- 
tions that  his  Process  is  both  Simple  and  certain  y'  it  Increases  y<^  Quantity  and 
Improves  y^  Quallity  without  Augmenting  the  Expence  and  that  he  hath  Extracted 
from  the  Alkali  a  Neutral  Salt  which  Neutral  is  of  utility  in  the  Medicinal  way. — 
This  I  take  to  be  the  Spirit  of  his  Petition  and  as  therein  he  mentions  my  being 
Present  when  he  made  the  Experiment  in  Justice  to  his  cause  would  Observe  that 
I  am  convinced  his  method  of  Preparing  the  AVood  Ashes  and  his  regular  Process  in 
making  the  Pot-ash  is  to  be  Prefer'd  to  y«  method  which  I  liave  Practised  tipon 
there  remains  Little  or  no  doubt  in  my  mind  but  that  ujion  his  Plan  the  Quantity  is 
Increased  &  the  Quallity  of  the  Pot-ashes  Improved  by  his  Extracting  therefroin  a 
Salt  which  upon  trial  is  found  to  be  a  Neutral  with  other  Foreign  matter  Intermixed 
which  Extraction  Greatly  Facilitates  the  Flux  so  that  on  the  whole  I  am  convinced 
his  method  will  reduce  Pot-ashes  nerer  to  one  Standard  of  Goodness  for  the  want 
of  which  we  have  greatly  suffered. — 

Hingham  Jany  2-2,^^  1768  I  am  Sir  Your  Obedient  Son 

Benjamin  Lincoln  Jun  ".—Ibid.,  p.  545. 

After  this,  except  a  message  from  the  House,  Jan.  2G,  1768,  that  the  committee 
last  appointed  "  may  be  directed  to  sit  as  soon  as  may  be,"  and  the  substitution,  at 
the  same  session,  of  Mr.  Danielson,  for  Col.  Partridge,  on  the  committee,  and  the 
appointment  of  acommittee,  in  the  first  session  of  the  following  year,  to  bring  in  a 
bill  (which  was  never  reported),  to  prevent  the  adulteration  of  potash,  and  later,  in 
that  session,  the  appointment  of  Dr.  Calef,  Major  Doane,  Capt  Thomas  and  Mr. 
Greenleaf,  in  place  of  the  Speaker  and  Messrs.  Otis,  Sheaffc  and  Foster,  on  the  com- 
mittee to  consider  methods  to  prevent  the  adulteration  of  potash,  nothing  further 
appears  to  have  been  done.  The  present  chapter  was  revived  and  continued,  by 
sundry  acts,  until  after  the  adoption  of  the  Constitution. 

Chap. 11.  "June  11,1767.  The  Secretary  delivered  the  following  Message  from 
his  Excellency  the  Governor  to  the  two  Houses  respectively  viz' 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representatives. 

Last  Winter  I  received  a  Letter  from  the  Earl  of  Shelburne  signifying  his  Majesty's 
Commands  that  Care  be  taken  that  a  due  obedience  be  paid  to  his  Majesty's  Royal 
Proclamation  for  restraining  the  Indian  Trade  and  preventing  encroachments  upon 
the  Indian  Country.  I  have  reserved  the  communication  of  this  until  the  subject 
matter  should  come  before  you  in  the  course  of  business;  which  it  does  now  by  the 
time  for  renewing  the  Indian  Trade  Act  coining  on.  I  have  more  than  once  repre- 
sented to  his  Majesty's  Ministers  that  it  is  not  in  my  power  to  carry  the  Proclama- 
tion into  execution  without  the  aid  of  the  General  Court;  and  that  so  far  as  it  hath 
been  hitherto  obeyed,  has  been  effected  by  means  of  the  aforementioned  Act.  I 
now  desire  that  you  will  take  the  whole  of  the  said  Letter  into  consideration  and 
provide  for  what  is  required  thereby,  either  by  the  same  Act,  or  by  another  as  you 
shall  see  cause.  Fka.  Bern aud."— Council 

Records,  vol.  XXVII.,  p.  40. 

"  June  18, 1767.    May  it  please  your  Excellency. 

Your  Excellency's  Message  to  both  Houses  of  the  11  Instant  together  with  his 
Majesty's  Royal  Proclamation  for  restraining  the  Indian  Trade  &  preventing  En- 
croachments upon  the  Indian  Country,  as  also  the  Earl  of  Shelburne's  Letter  signify- 
ing his  Majesty's  Commands  that  a  due  obedience  be  paid  to  the  said  Proclamation, 
we  have  most  attentively  considered— And  are  convinced  that  neither  were  founded 
upon  any  Complaints  against  this  Province  by  his  Majesty's  Superintendants  for 
Indian  Affairs.  Nor  will  any  one  presume  to  say  '  that  the  most  unprovoked  vio- 
lences and  murthers  which  have  been  lately  committed  on  the  Indians  under  the  pro- 
tection of  his  Majesty  '  were  done  by  this  Government;  '  or  that  any  one  Settlement 
hath  been  made  by  us  without  proper  authority,  and  beyond  the  Limits  prescribed 
by  his  Majesty's  Royal  Proclamation  of  1763;  or  that  We  have  made  Settlements 
beyond  the  utmost  Boundaries  of  any  Province  in  America,  in  consequence  of  which 


[Notes.]  Province  Laws.— 1767-68.  1001 

the  greatest  discontents  among  the  Indians  have  arisen  which  may  endanger  the 
peace  of  his  Majesty  s  Provinces,  and  the  safety  of  his  Subjects ' — We  say,  may  it 
please  your  Excellency,  it  is  impossible  that  these  Complaints  were  made  against  us 
because  they  were  without  even  a  colour. 

It  is  with  pleasure  that  we  remind  your  Excellency  and  inform  the  world  that 
greater  care  was  taken  of  the  Indians  by  our  pious  ancestors  during  the  old  Charter, 
and  by  this  Government  under  the  new,  even  to  this  day,  than  is  ordered  or  recom- 
mended either  by  the  Proclamation  or  the  Letter  aforesaid— But  about  three  years 
after  the  arrival  of  our  Forefathers  the  first  Settlers  of  the  Land  viz'  Anno  Domini 
1G33  they  made  a  Law  in  these  words,  '  That  no  person  shall  henceforth  buy  Land  of 
any  Indian  without  License  first  had  and  obtained  of  the  General  Court;  and  if  any 
offended  herein,  such  Land  so  bought  shall  be  forfeited ' — And  lest  the  Indians 
should  be  defrauded  in  their  Trade  in  the  same  year  they  made  a  Law  that  no  per- 
son should  trade  with  the  Indians  for  any  sort  of  peltry  &c  excepting  only  such  as 
are  authorized  by  the  General  Court  under  the  penalty  of  one  hundred  pounds  for 
every  offence.  And  so  tender  was  their  Regard  for  them  upon  other  Accounts  that 
there  were  Indian  Instructors  provided;  tbo  Bible  which  they  were  then  perfect 
Strangers  to,  translated  into  Indian,  as  well  as  other  Books  the  means  of  Instruction, 
English  and  Indian  ministers  provided  for  them,  the  Gospel  preached  to  them. 
Churches  gathered,  some  of  which  continue  even  to  this  day:  By  Law  severe  penal- 
ties were  to  bo  inflicted  upon  any  that  should  sell  them  strong  drink:  By  Law  the 
Justices  of  every  Shire  were  bound  to  give  it  in  special  charge  to  the  Grand  Jury  to 
inquire  and  present  the  Breaches  of  said  Laws,  Provision  was  therein  made,  that 
when  any  damage  should  be  done  the  Indians  in  their  Fields,  tlio'  unfenced,  it 
should  be  made  good  by  the  Town  where  the  Land  lay.  Provision  was  likewise 
made  for  their  being  incorporated  into  Townships,  they  to  be  vested  with  all  the 
priviledges  of  other  Towns.  They  were  impowered  from  among  themselves  to 
appoint  Indian  Justices  to  hear  and  determine  small  Causes  that  might  arise  among 
the  Indians.  This  was  the  Care  the  Government  took  of  the  Indians  vmder  the  old 
Charter,  and  this  very  much  endeared  the  English  to  them.  The  Indians  had  a 
perfect  confidence  in  the  Government,  lookd  upon  them  as  their  civil  and  sjiiritual 
Fathers,  and  went  to  them  in  all  their  difficulties  as  Children  to  a  Father. 
.  May  it  please  your  Excellency — These  are  a  few  of  the  many  Instances  of  the 
Care  our  Forefathers  took  of  the  Indians:  nor  hath  the  Scene  been  changed  at  any 
time  since.  There  is  now  a  standing  Law  of  this  Province  made  in  the  Reign  of 
King  William  and  Queen  Mary,  declaring  every  deed  of  bargain  &  Sale,  lease,  re- 
lease &c  of  any  Lands,  Tenements  or  Hereditaments  within  this  Province  as  well 
for  term  of  years  as  forever  procured  or  obtained  from  any  Indian  by  any  person  at 
any  time  since  the  year  1()33,  the  year  the  abovementioned  Law  was  made  without 
license  first  had  and  obtained,  or  that  shall  hereafter  be  made  or  procured  without 
the  license  &  approbation  of  the  Great  and  General  Court  or  Assembly  of  this 
Province  for  the  same,  shall  be  deemed  &  adjudged  in  the  Law  to  be  null  and  void 
&  of  none  effect.  The  same  Care  hath  been  and  is  now  taken  of  them  in  every 
other  instance;  there  are  Laws  now  subsisting  prohibiting  the  English  selling  strong 
drink  or  Trading  with  them,  to  prevent  their  being  drunk  by  the  one  and  cheated 
by  the  other:  there  are  Churches  and  Congregations  of  Indians  in  this  Province  to 
whom  the  Gospel  is  preached,  ministers  ordained  over  them,  the  Sacraments  ad- 
ministred  to  them.  Schoolmasters  provided  for  the  instruction  of  their  Children, 
decent  respectable  Houses  for  public  worship  erected,  and  all  without  the  least 
expence  to  them.  There  are  Districts  and  Parishes  in  the  Province  wherein  the 
English  &  Indians  unitedly  enjoy  the  same  privileges;  and  in  one  of  our  Towns 
they  unite  in  voting  for  Representatives — with  respect  to  the  Eastern  Indians — By 
the  instigation  of  the  French  perhaps  as  inhumane  as  themselves:  How  much  and 
how  many  Cruelties  have  our  people  met  with  from  them?  How  much  human 
Blood  have  they  spilt  ?  How  much  Treasure  have  they  obliged  us  to  expend  ? — Yet 
when  they  desired  peace,  did  the  Government  ever  refuse  them  ?  and  in  the  year 
172G  when  a  peace  was  concluded  by  the  then  Lieu'  Governor  Dummer,  whose 
memory  is  precious  to  them  and  us,  there  were  Truck  houses  erected  by  a  Law  of 
the  Government,  both  in  the  Eastern  and  Western  Frontiers,  and  the  Trade 
in  them  was  put  under  the  wisest  &  most  equitable  regulations  in  favour  of  the 
Indians,  and  things  are  sold  at  the  Truck  house  even  to  this  day,  to  the  Indians, 
as  cheap  as  they  could  purchase  them  singly  at  Boston.  There  is  not  one  Tract  of 
Land  in  the  Eastern  Country  enjoyed  by  the  English,  but  what  was  purchased  of 
the  Indian  Sachems,  their  Deeds  acknowledged  and  Recorded;  and  when  there  has 
been  any  Trespasses  by  any  of  the  English  upon  the  Indians,  there  hath  been  the 
utmost  care  taken  by  the  General  Assembly,  if  sitting,  if  not,  by  the  Governor  & 
Council  to  bring  the  offenders  to  condign  Punishment. 

Nor,  May  it  please  your  Excellency  hath  the  Government  omitted  anything  that 
can  be  suggested  from  the  principles  of  humanity  and  justice  from  the  year  1(333  to 
this  day  for  the  interest  of  the  Indians  in  their  several  dispersions  throughout  the 
whole  Province:  the  conduct  of  the  Government  towards  them  we  glory  in,  wo 
make  our  boast  of  as  unrivalled — And  we  persuade  ourselves  that  your  Excellency 
as  the  Head  of  the  Province  &  its  Father  hath,  or  will  make  these  Representations 
to  his  Majesty's  Ministers.  Upon  the  principles  of  Christianity,  upon  the  Rides  of 
good  policy  Justice  and  equity  we  have  ever  acted  towards  them,  sensible  that  the 
violation  of  these  principles  will  be  attended  with  fatal  consequences,  and  that  if  a 
due  obedience  had  been  paid  to  his  Majesty's  Royal  Proclamation,  and  a  due  atten- 
tion given  to  proper  Restraints  on  the  Conduct  of  the  Indian  Traders,  those  Evils 
that  took  place  in  some  of  the  Southern  Governments  might  have  effectually  been 
avoided— It  is  with  the  highest  satisfaction  we  reflect  upon  the  Governments  Con- 


1002  '         Province  Laws.— 1767-68.  ^  [Notes.] 

duct  relative  to  the  Indians  all  free  and  spontaneous  on  our  part,  especially  as  it  so 
happily  coincides  with  his  Majesty's  Sentiments. 

And  we  do  assure  your  Excellency  that  being  animated  by  the  same  Principles, 
we  shall  do  everything  that  duty  to  the  King  and  the  Rules  of  good  policy,  of  jus- 
tice and  equity  to  the  Indians  can  require. 

To  the  foregoing  message  his  Excellency  made  the  following  Reply. 
Gentlemen 

I  never  understood  that  the  Charges  contained  in  the  Earl  of  Shelburne's  Letter 
were  particularly  intended  against  tliis  Province,  as  there  have  been  no  complaints 
of  this  kind  made  from  hence  that  I  know  of.  There  has  been  but  one  instance  of 
murther  of  Indians  hapned  within  my  time;  and  in  that,  the  Government  exerted 
itself  to  the  utmost  to  discover  and  punish  the  offenders,  and  to  give  satisfaction 
to  the  Indians,  in  the  latter  of  which  we  had  all  desired  Success. 

The  Justice  and  tenderness  which  this  Government  has  exercis'd  towards  the 
Indians  which  have  been  intermixed  with  the  people,  is,  I  believe  very  well  known; 
such  instances  as  have  hapned  within  my  time  have  been  faithfully  represented, 
and  the  Province  has  had  full  credit  for  them.  But  still,  great  care  remains  to  be 
taken  of  the  Eastern  Indians  who  are  not  the  objects  of  domestic  regulations. 
And  this  cannot  be  done  without  restraining  the  hunting  and  Trading  of  the  Eng- 
lish in  their  Country,  which  have  been  &  ever  will  be  the  Caiises  of  frequent  offence 
given  to  the  Indians  in  those  parts.  Injuries  of  this  kind  are  much  better  prevented 
than  redressed.  I  therefore  depend  that  you  will  carry  into  present  execution  the 
Assurances  you  give  me  at  the  close  of  your  Address,  by  continuing  the  present  Act 
for  restraining  private  Trading  with  the  Indians  and  hunting  in  their  Country  which 
will  otherwise  expire  with  the  present  Session;  or  by  bringing  in  another  Bill  for 
the  same  purposes." — Ibid.,  p.  65. 

Chap.  12.  The  following  extracts  are  from  minutes,  in  the  Public-Record  Office, 
of  meetings  of  the  Board  of  Trade,  held  at  the  dates  given  with  the  respective 
entries.  They  relate  to  the  preparation  of  the  letter  to  Gov.  Bernard,  from  which 
a  copious  extract  is  given  below,  respecting  a  proposed  amendment  of  the  annual 
impost  act,  suggested  by  some  features  of  the  impost  act  of  1760-61  (chap.  18). 

"  Secondly — to  propose  to  him  [Gov.  Bernard]  an  amendment  to  the  Act  of  'Im- 
post and  Tonnage '  in  order  to  render  it  more  consonant  to  the  Laws  of  Trade. 

Thirdly — to  desire  him  to  transmit  an  account  of  the  amount  of  the  Duties 
which  have  arisen  upon  the  said  Law  for  seven  years  last  past,  distinguishing  the 
amount  under  each  i^articular  Article  and  how  much  has  arisen  upon  the  Importa- 
tion of  Rum,  Sugar  and  Molasses,  the  produce  of  foreign  Colonies." — "Trade  Pa- 
pers," {Feb.  2,  1762)  vol.  64,  p.  27. 

"The  Draught  of  a  Letter  to  the  Governor  of  the  Massachusetts*  having  been 
prepared  conformable  to  the  Directions  upon  the  Minutes  of  yesterday,  was  ap- 
proved and  ordered  to  be  transcribed." — Ibid.,  Feb.  3,  p.  29. 

"  Upon  consideration  of  the  Act  for  granting  to  his  Majesty  certain  Duties  of  Im- 
post and  Tonnage,  it  appears  to  us,  that  it  would  be  more  correct  if  in  that  part  of 
it  where  it  states  the  duties  payable  upon  Importation  of  goods  in  general,  there 
were  some  words  which  should  restrain  the  importation  of  such  Goods  to  those 
Ships  only,  which  by  Law  may  trade  thither. 

If  an  amendment  of  this  nature  can  be  obtained,  it  will  in  our  opinion  render 
the  Act  more  consonant  to  the  Acts  of  Parliament  for  regulating  the  Plantation 
Trade,  and  therefore  it  is  our  duty  to  recommend  it  to  your  consideration,  when 
another  Act  shall  be  offered  for  your  Assent. 

The  examination  of  this  Act  naturally  led  us  to  enquire,  what  was  the  annual 
amount  of  the  duties  imposed  by  it;  which  we  found  charged  in  general  in  the 
Treasurers  accounts;  but  as  it  does  not  appear  from  those  accounts  what  has  been 
the  amount  of  the  Duties  upon  each  article.  We  should  be  glad  you  would  trans- 
mit to  us  an  account  thereof  for  seven  years  last  past  distinguishing  particularly 
the  amount  of  the  duties  upon  Rum,  Sugar  and  Molasses  and  what  part  thereof  has 
been  paid  upon  these  Articles  imported  from  Foreign  Colonies." — Lords  of  Trade  to 
Gov.  Bernard,  Feb.  4,  1762:  "Mass.  Bay,  B.  T.,"  vol.  86,  p.  134. 

"  I  will  order  the  proper  Officer  to  make  out  an  account  of  the  duties  of  tnnnage 
and  impost  specifying  the  duties  upon  Rum,  Sugar  and  Molasses  as  well  as  he  can 
But  I  much  doubt  whether  he  makes  any  distinction  between  Foreign  Sugars  &c. 
and  those  of  our  own  Islands." — Extract  from  Gov.  Bernard's  letter  to  Lords  of 
Trade,  May  17,  1762:  ibid.,  vol.  78,  L.  I.,  37. 

"The  account  of  the  Impost  and  Tonnage  received  with  your  letter  of  the  17"^  of 
May  does  not  at  all  answer  to  that  which  We  required  and  expected  since  it  does  not 
distinguish  what  part  thereof  arises  upon  the  produce  of  the  British  and  what  upon 
Foreign  Colonies;  It  was  your  duty  to  have  insisted  upon  the  proper  Officer  making 
out  the  account  in  the  manner  We  directed  or  to  have  given  reasons  why  he  could 
not,  and  it  is  with  concern  that  We  are  obliged  to  repeat  our  Orders  to  you  upon 
this  head  and  to  require  a  punctual  and  due  obedience  to  them." — Lords  of  Trade  to 
Gov.  Bernard,  Nov.  24, 1762:  ibid.,  vol.  86,  p.  144. 

Upon  the  receipt  of  the  impost  act  for  1763-64,  this  subject  again  engaged  the 
attention  of  the  Lords  of  Trade,  and  they  accordingly  made  the  report  or  represent- 
ation to  the  Privy  Council,  from  which  an  extract  is  given  in  tlie  note  to  1763-64, 
chap.  19,  ante.  The  Privy  Council  thereupon  passed  the  following  order  for  the 
preparation  of  an  additional  instruction  to  the  Governor.  The  instruction  itself 
follows  this  order  and  the  minutes  hereunder  given  of  the  action  of  the  Board  of 
Trade  in  accordance  therewith : — 

*  Sic:  "Bay"  omitted. 


[Notes.]  Province  Laws.— 1767-68^.  1003 

"At  the  Court  at  St.  James's,  the  26ti>  day  of  June  17G7. 
Present 
The  Kincj's  most  Excellent  Majesty  in  Council. 
Whereas  there  was  this  day  read  at  the  Board,  a  Report  from  the  Right  Honora- 
ble the  Lords  of  the  Committee  of  Council  for  Plantation  Affairs,  upon  considering 
a  Representation  of  the  Lords  Commissioners  for  Trade  and  Plantations,  iipon  sun- 
dry Laws  passed  in  his  Majesty's  Colonies  in  America  and  particularly  upon  an  Act 
passed  in  tlie  Province  of  the  Massachusetts  Bay  in  New  England  on  the  27"^  of 
January  1764,  Entituled  'An  Act  for  granting  unto  His  Majesty  several  Rates  and 
'Duties  of  Impost  and  Tonnage  of  Sliipping.'  And  it  appearing  that  by  a  Clause 
in  the  said  Act,  a  double  Impost  is  directed  to  be  paid  for  all  goods  in  general  im-- 
ported  by  the  inhabitants  of  other  Colonies,  by  which  means  it  might  so  happen 
that  goods  imported  from  Great  Britain  and  coming  thro'  the  channel  or  interven- 
tion of  other  Colonies  would  be  subjected  to  the  payment  of  the  Duties  of  Impost 
as  upon  Foreign  Commodities — His  Majesty  in  Council  taking  the  same  into  con- 
sideration, is  hereby  pleased  to  order,  that  the  said  Lords  Commissioners  for  Trade 
and  Plantations  do  prepare  and  lay  before  His  Majesty  at  this  Board  a  Draught  of 
an  additional  Instruction  for  the  Governor  of  the  said  Province  to  procure  an 
amendment  to  be  made  in  that  particular  Clause  exempting  from  Duties  of  Impost 
all  British  Goods  coming  thro'  the  Channel  of  any  of  the  other  Provinces  or  Colo- 
nies on  the  Continent  of  North  America  or  of  the  British  West  India  Islands, 
together  with  all  such  Foreign  Goods  and  Merchandize  as  shall  be  imported  from 
Great  Britain  either  directed  or  through  the  intervention  of  other  British  Colonies 
provided  such  Foreign  Goods  &<=a  have  paid  the  Duties  in  Great  Britain 

Robert  Walpole." — Ibid.,  vol.  79,  M.  m.,  16. 

"  Wednesday  July_22°'i  1767 

At  a  Meeting  of  His  Majty's  Commissrs  for  Trade  and  Plantations. 

Present 

Lord  Clare 

Sir  Edw<i  Hawke.  M""  Roberts, 

M""  Fitzherbert.  M'  Robinson. 

*■**»»* 

Head  the  following  Orders  of  His  Majesty  in  Council 

Order  of  the  King  in  Council  dated  June  26, 1767,  directing  the  Board  to  prepare 
and  lay  before  His  Majesty  a  Draught  of  an  Additional  Instruction  to  the  Governor 
of  Massachusets  Bay,  to  procure  an  amendment  to  be  made  in  that  particular  clause 
in  the  Impost  Act  relative  to  all  British  goods  coming  thro'  the  Channel  of  any  of 
the  other  IProvinces  &c* 

The  Draught  of  Additional  Instructions  conformable  to  the  said  Orders  having 
been  prepared,  were  approved  and  ordered  to  be  transcribed. 

****** 

Clake."— "  Trade  Papers,^' 
vol.  69,  p.  248. 

"Additional  Instruction  to  Our  trusty  and  Welbeloved  Francis  Bernard  Esquire, 
Our  Captain  General  and  Governor  in  chief  in  and  over  our  Province  and  Territory 
of  the  Massachxisetts  Bay  in  New  England  in  America;  Given 

Whereas  it  hath  been  represented  to  us  that  by  the  Laws  which  have  been  here- 
tofore annually  enacted  for  several  years  past  in  our  Province  of  Massachusetts 
Bay,  for  granting  several  rates  and  duties  of  Impost  and  Tunnage  of  Shipping;  such 
Duties  of  Impost  have  been  established  with  an  Exception  as  to  all  goods  of  the 
produce  and  manufacture  of  Great  Britain;  But  that  in  the  Law  last  enacted  for 
this  purpose,  the  said  exception  is  varied,  so  as  to  admit  a  doubt  whether  British 
Goods  and  Manufactures  imported  into  our  said  Province  from  any  other  Colony 
may  not  be  subjected  to  the  said  Duties;  It  is  therefore  Our  Will  and  Pleasure,  that 
you  do  not  upon  any  pretence  whatsoever  give  your  assent  to  any  Laws  for  granting 
any  Duties  of  Impost  upon  Goods  imported,  unless  there  be  a  Clause  inserted 
therein,  exempting  from  Duties  of  Impost  all  British  Goods  coming  through  the 
Channel  of  any  of  our  other  Provinces  or  Colonies  on  the  Continent  of  North 
America,  or  of  our  West  India  Islands,  together  with  all  such  Foreign  goods  and 
merchandize  as  shall  be  imported  from  Great  Britain,  either  directly  or  through  the 
intervention  of  other  our  said  Colonies,  provided  such  Foreign  goods  and  merchan- 
dize have  paid  the  Duties  required  by  Law  in  this  Our  Kingdom  of  Great  Britain." 
—July  24,  1767:  "Mass.  Bay,  B.  T.,"  vol.  86,75.  239. 

"  Feb.  5, 1768.  The  Secretary  went  down  to  the  House  of  Representatives  with  a 
Message  from  his  Excellency  to  acquaint  them  that  he  had  received  an  Instruction 
from  his  Majesty  relative  to  the  Impost  Act  occasioned  by  a  Clause  in  the  Act 
passed  the  last  year,  a  Copy  of  which  Instruction  the  Secretary  laid  on  the  Speaker's 
Table."— Co?mct7  Records,  vol.  XXVII.,  p.  185. 

"  Feb.  11, 1768.  Pursuant  to  agreement  the  two  Houses  proceeded  to  the  choice 
of  Civil  officers  for  the  present  year  when  James  Russell  Esqr.  was  chosen  Com- 
missioner of  Impost  by  a  major  part  of  the  Council  &  House  of  Representatives. 
Consented  to  by  the  Governor." — Ibid.,  p.  198. 

Chap.  17.  "  Feb.  24, 1767.  A  Petition  of  Samuel  Cobb  and  Others,  Proprietors  of 
the  Salt  meadow  lying  on  the  South  side  of  Martha's  Vineyard  in  Chilmark  and 
Tisbury— Setting  forth  That  for  the  preservation  of  said  meadow  they  are  obliged 
to  maintain  Openings  thro'  the  Beach  into  the  Sea.  That  there  is  one  Pond  in  each 
Town  where  said  Openings  should  be  kept,  and  a  communication  between  the  two 
Ponds,  from  whence  arises  a  difficulty  with  regard  to  opening  both,  so  as  to  drain 
the  meadow  sufficiently  and  let  in  the  Salt  tc  preserve  the  same.    That  the  pond  in 


1004  Pbovince  Laws. — 1767-68.  [Notes.] 

Chilmark  has  for  about  ten  years  past  been  kept  open  wliereby  the  meadows  in 
Tisbury  are  in  a  great  measure  destroyed.    And  praying  Relief. 

In  the  House  of  Representatives.  Read  and  Ordered  that  the  Petitioners  notify 
the  Proprietors  of  the  meadows  mentioned  in  the  Petition,  in  Tisbury  &  Chilmark 
by  serving  the  Proprietors  Clerk  with  a  Copy  of  the  same  that  tliey  may  shew  cause, 
if  any  they  have  on  the  second  Wednesday  of  the  next  Session  of  this  Court  why 
the  prayer  should  not  be  granted.  In  Council,  Read  &  Conc^."— Council  Records, 
vol.  XXVI.,  p.  417. 

"  June  3, 1767.  A  Petition  of  Samuel  Cobb  and  Others  Inhabitants  of  Chilmark 
&  Tisbury,  Praying  the  interposition  of  this  Court  for  the  preservation  of  certain 
meadows  lying  in  said  Towns,  as  entered  the  24tii  of  Feby  last. 

In  Council,  Read  again  together  with  the  answer  of  Zachariah  Mayhew  &  others: 
and  Ordered  that  William  Brattle  and  James  Russell  Esqi's  with  such  as  the  hon^ie 
House  shall  join,  be  a  Committee  to  take  the  same  into  consideration,  hear  the 
parties  (if  present)  and  Report. 

In  the  House  of  Representatives,  Read  &  Concurred,  and  Cap'  Bradford,  Cap' 
Herrick  and  Maj""  Frye  are  joined  in  the  affair."— J6<d.,  vol.  XXVII.,  p.  18. 

"  June  11,  1767.  The  Committee  appointed  the  3<i  Instant  on  a  Petition  of  a 
number  of  Proprietors  of  certain  Salt  meadows  lying  in  the  Towns  of  Chilmark  & 
Tisbury,  made  Report,  That  they  had  heard  the  parties  and  advised  them  to  refer 
the  matter  in  dispute  to  three  discreet  men;  and  that  if  the  majority  of  the  propri-/ 
etors  living  in  the  respective  Towns  aforesaid  shall  agree  to  the  advice  given,  they 
have  liberty  to  proceed  accordingly:  but  whetlier  they  agree  or  not,  that  the  three 
Gentlemen  mutually  agreed  upon  by  s*!  parties  viz'  Cap'  Timo  Folger,  Messrs  Will'" 
Jarnigan  and  Thomas  Butler  make  a  full  Report  of  their  doings  to  this  Court  at 
their  next  Session;  to  all  which  the  parties  agreed:  The  Committee  were  therefore 
of  opinion,  that  the  matter  be  referred  to  the  second  Wednesday  of  the  next  sitting  of 
this  Court,  and  that  the  said  Committee  then  make  Report.  Provided  nevertheless 
that  nothing  herein  contained  be  construed  to  hinder  any  agreement  of  the  parties 
or  the  major  part  of  them  in  the  mean  while,  or  any  work  that  may  be  agreed  upon 
&  be  done  in  consequence  thereof.  Sign'd  William  Bhattle  #>"  order. 

In  Council  Read  and  accepted,  and  thereupon  Ordered,  That  said  Committee 
chosen  as  aforesaid  make  Report  of  their  doing  at  the  next  sitting  of  this  Court  to 
which  is  further  referred  the  consideration  of  this  Petition:  and  that  nothing  in  said 
Report  mentioned  shall  hinder  an  agreement  of  the  parties,  or  prevent  their  accept- 
ing the  advice  of  said  Committee,  and  their  acting  thereupon  as  shall  be  judged 
most  advisable  by  the  major  part  of  the  proprietors  and  owners  of  said  meadows. 

In  the  House  of  Representatives,  Read  &  Concurred." — Ibid.,  p.  40. 

Chwp.  19.  "  June  19, 1767.  A  Petition  of  a  number  of  the  Inhabitants  of  that  part 
of  Shrewsbury  called  Shrewsbury  Leg— setting  forth— That  they  can  with  greater 
ease  attend  the  public  worship  in  the  second  Precinct  in  Lancaster  than  in  the  Town 
of  Shrewsbury:  and  that  the  Town  of  Shrewsbury  have  voted  to  set  them  off,  and 
the  Town  of  Lancaster  to  receive  them.  And  praying  that  they  may  be  set  off 
accordingly  and  annexed  to  the  second  precinct  in  Lancaster. 

In  the  House  of  Representatives.  Ordered  that  M''  Thomas,  Cap'  Thayer  and  Colo 
Williams  with  such  as  the  hon^ie  Board  shall  join  be  a  Committee  to  take  this  Peti- 
tion into  consideration  and  report.  In  Council,  Read  and  Concurred  and  Thomas 
Flucker  and  John  Worthington  Esqf^  are  joined  in  the  affair."— CoiuiCiii  Records, 
vol.  XXVII.,p.1&. 

"Jan.  22,  1768.  The  petition  of  that  Part  of  Shrewsbury  called  Shrewsbury  Leg, 
entered  June  20.  [10th]  and  referred  to  this  Session,  was  read  again  and  committed 
to  Col.  Ward,  to  bring  in  a  Bill.  Re-considered  and  Ordered  to  lie  on  the  Table." — 
House  Journal,  p.  128. 

"  Feb.  1,  1768.  A  Petition  of  the  Inhabitants  of  that  Part  of  Shreicsbw^j  called 
Shreivsbury  Leg,  praying  to  be  set  off  to  Lancaster. 

Revived  and  read  again,  and  Ordered,  That  Col.  Ward,  have  Leave  to  bring  in  a 
-Bill."— Ibid.  p.  U3. 

Chap.  22.  "  Feb.  24, 1768.  In  the  House  of  Representatives.  Ordered  That  Col" 
Warren  and  Cap'  Thomas  with  such  as  the  hon'''«  Board  shall  join  be  a  Committee 
to  Build  a  Light  house  near  Plymouth  Harbour.  In  Council,  Read  and  Concurred, 
and  Gamaliel  Bradford  Esq''  is  joined  in  the  affair.    Consented'  to  by  the  Governor. 

In  the  House  of  Representatives.  Ordered  That  Cap'  Sheaffe,  Cap'  Folger  and 
M'^  Hall  with  such  as  the  hon^'e  Board  shall  join  be  a  Committee  to  prepare  Instruc- 
tions for  a  Committee  appointed  to  build  a  Light  house  near  Plymouth  Harbour  and 
Report.  In  Council,  Read  and  Concurred  and  John  Erving  and  Nath'  Sparhawk 
Esq'"s  are  joined  in  the  affair."— Cow nciY  Records,  vol.  XXVII.,  p.  248. 

"  Mar.  1,  17C8.  The  Committee  appointed  the  24"^  Instant  to  prepare  Instructions 
to  the  Committee  appointed  to  build  the  Light  house  at  the  entrance  of  Plymouth 
Harbour  made  report,  and  thereupon  the  following  Order  passed  viz' — 

In  Council  Read  &  sent  down. 

In  the  House  of  Representatives,  Read  and  accepted  And  Ordered  That  the  Com- 
mittee appointed  to  build  a  Light  house  near  Plymouth  Harbour  be  and  hereby  are 
directed  and  impowered  to  build  an  House  for  that  purpose  on  the  Gurnet  near 
Plymouth  Harbour  of  the  following  dimensions  viz'  thirty  feet  long,  twenty  feet 
high  and  fifteen  feet  wide,  with  a  Lanthorn  at  each  end  to  be  large  enough  for  two 
Lamps  with  four  large  wicks  in  each  lamp.  The  House  to  be  built  of  wood,  and  the 
materials  for  the  Lanthorn  as  usual.  And  the  Committee  are  further  impowered  to 
agree  with  the  owner  of  the  Land  at  the  Gurnet  for  the  priviledge  of  Building  a 
-  House  there,  and  take  security  for  such  privilege.  In  Council,  Read  and  Concurred, 
Consented  to  by  the  Governor."— /6itZ. ,  p.  268. 


[NoTES.J  PROVINCE  Laws.— 1767-68.  1005 

"  June  15, 1768.  In  the  House  of  Representatives.  Ordered  that  the  Impost  Of- 
ficer be,  and  hereby  is  directed  to  supply  the  Light  house  at  Plymouth  with  Oil  and 
other  necessaries  till  the  further  Order  of  this  Court,  upon  application  from  the  Com- 
mittee appointed  to  agree  with  some  meet  person  to  keep  said  Light  house.  In 
Council,  Read  and  Concurred,    Consented  to  by  the  Governor. 

In  the  House  of  Representatives.  Ordered  that  Col"  "Warren  and  Cap*  Thomas 
with  such  as  the  honbie  Board  shall  join  be  a  Committee  to  agree  with  a  meet  person 
to  take  care  of  the  Lighthouse  on  the  Gurnet  near  Plymouth  Harbour  now  nearly 
finished,  to  report  at  the  next  Session  of  this  Court.  And  that  the  said  Committee 
he  instructed  to  prepare  a  proper  advertisement  to  be  lodged  at  the  Impost  Office, 
setting  fortli  that  a  Lighthouse  is  there  erected  and  the  course  to  steer  with  safety  on 
sight  thereof  at  Sea.  In  Council,  Read  and  Concurred,  and  Gamaliel  Bradford  Esq' 
is  joined  in  the  affair.    Consented  to  by  tlie  Governor." — Ihkl.,  p.  o52. 

"  Oct.  20,  1770.  In  the  House  of  Representatives,  Voted  that  Colo  Warren  &  Cap' 
Anthony  Thomas  with  such  as  the  honbie  Board  shall  join  be  a  Committee  to  take 
Care  of  the  Light  house  on  the  Gurnet  near  Plymouth  Harbour  and  effectually  repair 
and  secure  the  same.  In  Council,  Read  &  Concurred  and  William  Sever  Esq"^  is 
joined  in  the  affair.  Consented  to  by  the  Lieu'  Governor."— / 6 icL,  vol.  XXVIII., 
p.  32G. 

"Apr.  25,  1771.  In  the  House  of  Representatives.  Resolved  that  the  Sum  of 
ninety  eight  pounds,  seventeen  shillings  be  paid  out  of  the  Treasury  to  the  Commit- 
tee appointed  to  build  the  Light  house  on  the  Gurnet  near  Plymouth  Harbour,  which 
Sum  together  with  the  Sum  of  nine  hundred  and  seventy  pounds  already  received 
by  said  Committee  for  that  purpose  is  in  full  for  the  same.  In  Council,  Read  and 
Concurred,    Consented  to  by  the  Governor." — Ibid.,  p.  551. 

"April  21,  1772.  A  Petition  of  John  Thomas  Keeper  of  the  Lighthouse  on  the 
Gurnet  at  the  entrance  of  Plymouth  Harbour — Praying  an  allowance  for  his  last 
years  service,  which  expired  on  the  14  day  of  Novem'  last,  and  also  a  reimburse- 
ment of  the  expence  he  has  been  at  for  Fuel  at  the  said  Light  House. 

In  the  House  of  Representatives — Resolved  that  the  sum  of  sixty  pounds  be  al- 
lowed and  paid  out  of  the  public  Treasury  to  John  Thomas  Esq"^  for  his  services  as 
Keeper  of  the  Light  House  on  the  Gurnet  for  one  year  ending  the  14  of  Novem''  last, 
also  the  further  Sum  of  eighteen  pounds,  sixteen  shillings  for  twenty  Cords  of  Wood 
and  Charcoal  expended  at  said  Light  house,  and  the  further  sum  of  two  pounds 
omitted  in  his  last  account.  In  Council,  Read  and  Concurred,  Consented  to  by  the 
Governor."— 7 6/cZ.,  vol.  XXIX.,  p.  170. 

"Jan.  28,  1773.  A  Petition  of  John  Thomas— Praying  an  allowance  for  his  last 
years  service  as  keeper  of  the  lighthouse  on  the  Gurnet,  ending  the  14"^  day  of 
November  last,  and  also  for  Fuel  expended  for  the  use  of  said  Lighthouse. 

In  the  House  of  Representatives— Resolved  that  the  sum  of  Sixty  pounds  be  al- 
lowed and  paid  out  of  the  public  Treasury  to  John  Thomas  Esq""  for  his  service  as 
keeper  of  the  Lighthouse  in  the  Gurnet  for  one  year  ending  the  14  day  of  November 
last,  and  the  further  sum  of  twenty  two  pounds  and  sixteen  shilliugs  for  twenty 
Cords  of  Wood  and  Charcoal  expended  at  said  Lighthouse.  In  Council,  Read  and 
Concurred,    Consented  to  by  the  Governor." — Ibid.,  p.  438. 

"  July  2,  1775.  The  committee  appointed  to  consider  the  expediency  of  removing 
and  securing  the  lamps,  with  the  oil,  &c.,  from  the  several  light  houses  within  this 
colony,  have  attended  that  service,  and  beg  leave  to  report  as  follows,  viz.:  That 
it  be  recommended  to  the  committee  of  correspondence,  or  selectmen  of  the  town  of 
Chelsea,  to  remove  and  secure,  if  practicable,  the  lamps  and  oil  from  the  light  house 
at  the  entrance  of  Boston  harbor,  with  all  the  appurtenances  thereto  belonging; 
also,  that  it  be  recommended  to  the  committee  of  safety  of  the  town  of  Gloucester, 
that  the  same  measures  be  taken  with  respect  to  the  light  houses  on  Thatcher's 
Island,  so  called,  and  that  the  keeper  of  said  lights,  with  the  several  boats,  cattle, 
&c.,  be  also  removed  from  thence. 

Furthermore,  that  it  be  recommended  to  the  committee  of  correspondence  for  the 
town  of  Plymouth,  to  remove  and  secure  the  lamps,  oil,  &c.,  from  the  light  house  at 
the  Gurnet,  so  called,  with  all  the  appurtenances  thereto  belonging;  and,  that  the 
keepers  of  the  several  light  houses  as  above  specified,  be  discharged  from  the  service 
of  this  colony,  till  the  farther  order  of  this  or  some  future  Congress,  or  House  of 
Representatives." — Publi.'<hed  Journals  of  the  Provincial  Congress,  1774-5,  p.  442. 

"  Oct.  6,  1775.  In  the  House  of  Representatives— Resolved  that  there  be  paid  out 
of  the  public  Treasury  of  this  Colony  to  John  Thomas  Esq  the  sum  of  one  hundred 
and  thirty  seven  pounds  nine  shillings  and  six  pence  in  full  of  his  account  for  keep- 
ing the  Gurnet  Light  House  eighteen  months  and  supplying  the  same  with  wood, 
oil,  candles  &c  sent  up  for  concurrence  In  Council  Read  and  concurred  Consented 
to  by  15  of  the  Council." — Council  Records,  vol.  XXXI.,  p.  210. 

"  Feb.  2,  1778.  In  the  House  of  Representatives.  On  the  Petition  of  Hannah 
Thomas,  Executrix  to  the  last  Will  and  Testament  of  John  Thomas  Esq''  late  of 
Kingston  in  the  County  of  Plymouth  Deceased,  Praying  for  an  Allowance  for  keep- 
ing the  Light-House  on  the  Gurnett  at  the  entrance  of  Plymouth  Harbour  One  year 
five  Months  and  Nine  Days  ending  the  Twenty  third  Day  of  April  Seventeen  hun- 
dred and  Seventy  five,  at  which  time  the  Lights  were  extinguished.  Resolved,  That 
there  be  allowed  and  paid  out  of  the  Treasury  of  this  State  to  Hannah  Thomas  the 
Petitioner,  in  her  said  Capacity,  the  Sum  of  Eighty  Six  Pounds  ten  Shillings  in  full 
for  the  Services  as  aforesaid.  In  Council  Read  and  Concurred  Consented  to  by 
Fifteen  of  the  Comicil."— Ibid.,  vol.  XXXVIlI.,p.  278. 

"  In  the  Plymouth  Lighthouse  Bill,  the  Trust  is  directed  to  be  managed  by  a 
Committee  of  the  House  of  Representatives  this  is  certainly  not  analogous  to  our 
practice  here,  yet  does  not  seem  materially  faulty  in  such  a  case." — Report  of  Richard 
Jackson,  Jan.  14,  1771:  "  Mass.  Bay,  B.  T,''  vol,  bl,  0.  o.,  5. 


1006  PROVINCE  Laws.— 1767-68.  [Notes.] 

Chap.  23.  "  May  28, 1763.  In  the  Honse  of  Representatives.  On  a  Motion  made 
and  seconded  Ordered  that  Col"  Clap,  M^  Trowbridge,  M^  Tyler,  M""  Otis  and  Brig^ 
Dwight  with  such  as  the  hon'''  Board  sliall  appoint  be  a  Committee  to  consider  the 
State  of  the  boundary  Lines  between  this  Government  and  the  Province  of  New- 
Hampshire,  the  Colonies  of  Connecticut  and  New  York:  and  make  report  as  soon 
as  may  be. 

In  Council  Read  and  Concurred  and  the  ion^ie  Thomas  Hutchinson  Esq""  James 
Bowdoin,  Israel  Williams  and  Nathi  Sparhawk  Esq"  are  joined  in  the  Affair." — 
Council  Records,  vol.  XXV.,  p.  9. 

"  June  1, 17G3.  The  Committee  appointed  the  28'^  Ins'  to  consider  the  State  of  the 
Boundary  Lines  between  this  Government  and  the  province  of  New  Hampshire, 
and  the  Colonies  of  Connecticut  and  New  York  having  made  report,  the  following 
Order  passed  thereon  viz' 

In  Council  Read  and  Accepted.  And  Resolved  that  His  Honour  the  Lieu'  Gov- 
ernor be  desired  in  the  Recess  of  the  Court  to  prepare  a  very  particular  State  of  the 
Controversy  between  this  Government  and  the  Governments  of  Connecticut  and 
New  York  respecting  the  Boundary  Lines  between  them, 

****** 

&  that  if  the  said  States  Shall  be  prepared  before  the  General  Court  shall  sit  again, 
that  the  same  be  laid  before  the  Governor  and  Council,  and  that  the  same  being 
approved  of  by  His  Excellency  and  the  Board  be  transmitted  by  the  Secretary  to 
the  Province  Agent  In  England,  as  they  shall  direct:  otherwise  to  be  reported  at 
the  next  Session  of  this  Court.  In  the  House  of  Representatives  Read  &  Concurred." 
—Ibid.,  p.  19. 

"  Dec.  28,  17G3.    The  honourable  Tliomas  Hutchinson  Esq''  having  presented  his 

report  made  by  order  of  Court  respecting  the  State  of  tlie  controversies  between 

this  Government  and  the  Governments  of  New  York  and  Connecticut  respecting  the 

boundary  lines  between  them.        *        *        The  same  was^iassed  on  as  follows  viz' 

*  In  Council  December  22<i  1763.    Read  and  sent  down 

In  the  House  of  Representatives  December  28">  Read  and  Ordered  That  this  Re- 
port be  accepted,  and  that  the  Secretary  be  directed  to  transmit  the  same  to  M"" 
Agent  Mauduit  as  soon  may  be.  In  Council  Read  and  Concurred  Consented  to  by 
the  Governor." — Ihid.,  p.  103. 

"  Oct.  30,  176-1.  The  Secretary  by  order  of  his  Excellency  the  Governor  communi- 
cated to  the  two  Houses  a  Letter  from  his  Honour  the  Lieu'  Governor  of  New  York 
accompanying  the  Copy  of  an  Act  passed  by  the  Legislature  of  that  Province  in- 
tituled '  An  Act  for  facilitating  the  Settlement  of  the  Partition  Line  between  the 
Colony  of  New  York  and  the  Province  of  the  Massachusetts  Bay':  and  likewise 
delivered  the  following  ^lessage  from  his  Excellency  referring  thereto  viz' 

Gentlemen  of  the  Council  and  Gentlemen  of  the  House  of  Representatives. 

I  hereby  communicate  to  you  a  Letter  I  have  received  from  the  Lieu'  Governor  of 
New  York,  and  recommend  the  same  to  your  consideration,  together  with  the 
inclosure 

Province  House,  October  30, 1764,  FjtA.  Bernard. 

In  the  House  of  Representatives:  Read  and  Ordered  That  this  Message  with  the 
Papers  accompanying  the  same  be  committed  to  the  Gentlemen  of  both  Houses 
appointed  to  prepare  a  defence  of  the  territorial  Limits  of  this  Province  &c  to  con- 
sider and  report. 

In  Council  (Nov  1)  Read  and  Concurred." — Ibid.,  p.  304. 

"  Nov.  2,  17(4.  In  the  House  of  Representatives.  Ordered  That  the  Sum  of  Thirty 
pounds  be  paid  out  of  the  Public  Treasury  to  the  honb'e  Thomas  Hutchinson  Esq' 
in  full  for  stating  the  Case  of  the  Province  of  the  INIassachusetts  Bay  and  New  York 
respecting  the  Boundary  Line  between  the  two  Provinces;  and  all  other  Services 
performed  by  his  Honen-  at  the  special  desire  of  the  General  Court. 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  311. 

The  foregoing  extracts  sufficiently  explain  why  the  name  of  Lieutenant-Governor 
Hutchinson  stands  hrst  in  the  commission  appointed  to  settle  the  boundary  between 
the  provinces  of  New  York  and  the  Massachusetts  Bay.  He  had  enjoyed  excep- 
tional opportunities  for  the  study  of  the  rise  and  progress  of  the  western  settle- 
ments, and  for  a  correct  understanding  of  the  conflicting  claims  of  jurisdiction  by 
the  contiguous  governments,  in  the  preparation  of  his  history  of  his  native  province, 
traditions  of  the  government  of  which,  in  many  unpiablished  details,  he  had  derived 
from  his  kinsmen  and  associates,  who  had  held  important  public  positions.  He 
had,  also,  while  serving  on  the  committee,  doubtless  gathered  information,  and 
gained  experience,  in  his  intercourse  with  the  representatives  of  the  neighboring 
governments,  peculiarly  advantageous  in  negotiating  for  his  constituents;  and,  more- 
over, he  had  received,  for  his  labors,  a  reward,  froni  the  province  treasury,  that  was 
generous,  by  the  standard  then  prevailing.  It  would,  therefore,  have  been  imprudent, 
as  well  as  vindictive,  to  have,  virtually,  superseded  him  in  an  office  for  which  he  had 
become  qualified  partly  at  the  public  expense— and  in  which,  by  his  acknowledged 
learning,  industry  and  address,  he  could  render  unequalled  service  to  the  province, 
— solely  because  of  his  known  obsequiousness  to  the  Crown,,especially  when  that 
office  afforded  no  chance  for  the  betrayal  of  the  riglits  of  his  constituents,  through 
servility  to  the  Crown  or  through  ambition  for  its  preferments. 

It  is,  perhaps,  unnecessary  to  add  that  nothing  their  contemporaries  have  alleged, 
or  the  scrutiny  of  time  has  revealed,  justifies  the  suspicion  that  the  political  oppo- 
nents of  Hutchinson,  were,  as  a  body,  capable  of  being  actuated  by  spite,  erivy  or 
revenge,  in  their  conduct  of  public  affairs. 

These  facts  should  be  borne  in  mind  when  the  following  passage  is  read: — 

"  The  house  was  brought  to  a  publick  accusation  of  the  lieutenant-governor 
Such,  however,  was  the  inconsistency  of  conduct,  that,  a  few  days  after  this  charge 


[Notes.]  Peovikce  Laws.— 1767-68.  1007 

of  ambition  and  lust  of  power,  which  had  special  reference  to  the  several  posts  he 
sustained,  the  same  house  of  representatives,  in  conjunction  with  the  council,  added 
another,  though  temporary,  yet  very  important  post,  by  electing  him  the  first  of  three 
commissioners  empowered  to  adjust  and  settle  a  controvei'sey  long  subsisting  be- 
tween the  two  provinces  of  Massachusetts  Bay  and  New  York,  respecting  their 
boundary  lines.  This  was  the  more  observable,  because  it  had  long  been  the  prac- 
tice, with  scarcely  an  instance  to  the  contrary,  to  confer  such  places  on  such  only  a3 
were  members  of  one  or  other  of  the  houses  of  assembly." — Hutchinson's  Hist.  Mass. 
Bay,  vol.  3,  p.  Ill, 


ACTS, 

Passed      1768. 


[1009] 


ACTS 

Passed  at  the  Session  begun  and  held  at  Boston, 
ON  the  Twenty-fifth  day  of  May,  A.D.  1768. 


CHAPTER    1. 

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

Be  it  enacted  by  the  Governor,  Council  and  Hoiise  of  Representa- 
tives, 

That  the  sum  of  thirteen  hundred  pounds  be  and  hereby  is  granted   Grant  of  £i, 300 
unto  his  most  excellent  majest}',  to  be  paid  out  of  the  public  treasur}',  to  of'hirmaiesty's 
his  excellency  Francis  Bernard,  Esqt''^[«/re;],  captain-general  and  gov-  governor. 
ernor-in-chief  in  and  over  his  majesty's  province  of  the  Massachusetts 
Ba}',  to  enable  him  to  cany  ou  the  affairs  of  this  government.      \_Passed 
May  27  ;  published  June  30. 


CHAPTER    2. 


AN  ACT  FOR  INCORPORATING  THE  SECOND  PARISH  OF  SOUTH  HAD- 
LEY,  IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  TOWN  BY  THE  NAME 
OF   GRANBY. 

Whereas  the  inhabitants  of  the  second  parish  of  South  Hadley  labour  Preamble, 
under  many  difficulties  and  inconveniences,  by  reason  of  their  not  being 
incorporated  into  a  town, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  second  parish  in  the  district  of  South  Hadley,  Bounds  of  the 
with  the  inhabitants  and  their  lands,  as  hereafter  described;  viz^'^.,  d°crcri°bed."^^^' 
begin [jt]ing  at  a  pine-tree,  marked,  standing  in  Springfield  line,  one  hun- 
dred and  sixty  perch  west  of  Stoney  Brook,  and  on  the  edge  of  a  large 
grassy  pond  ;  and,  from  said  tree,  to  run,  north,  six  degrees  west,  to  a 
ditch  ten  rods  east  of  Ebenezer  Snow's  house  ;  thence,  north,  seven 
degrees  thirty  minutes  west,  one  hundred  and  fifty-live  perch,  to  Stoney 
Brook,  at  the  south  side  of  Benjamin  Church's  lot ;  and  then,  down  said 
brook,  to  the  north-east  corner  of  the  bridge,  called  Church's  Bridge, 
over  said  brook ;  and,  from  thence,  to  the  south-west  corner  of  Nathan 
Smith's  home-lot[t]  ;  from  thence,  to  the  north-west  corner  of  the  heirs 
of  Samuel  Moody's  house-lot,  to  a  stake  and  stones  on  the  southerly 
side  of  the  road  leading  up  Cold  Hill ;  then,  running,  easterly,  upon  the 
southerly  side  of  said  road,  until  it  comes  to  the  road  leading  from  said 
Cold  Hill,  to  Phineas  Smith's  ;  then,  running,  on  the  southerly  and 
south-westerly  side  of  said  road,  until  it  comes  to  the  county  road  lead- 

1011 


1012 


Pe,ovince  Laws. — 1768. 


[Chap.  2.] 


Granby  to  join 
■\\'ith  Hadk-y, 
&c.,  ill  Ihe 
clioico  of  repre- 
seutaiivcs : 


— to  be  notified 
of  the  time  and 
place  of  meet- 
ing. 


South  Hadley 
parish-line, 
described. , 


Granby  to  have 
their  proportion 
of  town  stock, 


— and  to  pay 
their  propoi-tion 
of  the  charge  of 
the  poor. 


— and  of  all 
town,  county 


ing  from  Amherst  to  the  west  meeting-house  in  said  South  Iladley ; 
then,  running  northerl}',  and  on  the  easterly'  side  of  said  county  road, 
until  it  comes  to  the  laud  of  the  heirs  of  Peter  Montague  ;  and,  then,  to 
run,  easterly,  in  the  dividing  line  between  said  Montague's  heirs  and 
Phineas  Smith's  land,  until  it  comes  to  the  land  of  Ilezekiah  Smith ; 
then,  to  run,  on  the  easterly  side  of  Moses  Montague's  land,  and  land 
of  the  heirs  of  Peter  Montague,  deceased,  until  it  comes  to  Batchellor's 
Brook ;  then,  up  said  brook,  until  it  comes  to  the  dividing  line,  on  the 
north  side  of  said  brook,  between  Joseph  Moody's  and  Eleazer  Nash's 
land  ;  then,  running  northerlj',  in  said  dividing  line,  until  it  comes  to 
the  county  road  aforesaid  ;  thence,  northerly,  a  strait  line,  until  it 
comes  to  where  the  road  leading  to  Noah  Moody's  crosses  Elmer's 
Brook,  so  called  ;  then,  on  the  easterly  side  said  road  so  far  as  the  same 
is  laid  out ;  and,  from  thence,  north,  six  degrees  and  an-half  west,  to  the 
northerly  line  of  said  district, — be  and  hereby  is  incorporated  into  a 
town  by  the  name  of  Granby  :  and  that  the  said  town  be  invested  with  all 
the  powers,  privileges  and  immunities  that  other  towns  in  this  province 
do  or  may  by  law  enjoy,  that  of  sending  a  representative  to  the  general 
assembly  only  excepted  ;  and  that  the  inhabitants  of  the  said  town  shall 
have  full  power  and  right,  from  time  to  time,  to  join  with  the  town  of 
Hadley  in  the  choice  of  a  representative  or  representatives,  who  may  be 
chosen  from  any  or  either  of  the  towns  or  districts  within  the  original 
limits  of  the  an[c][^]icnt  town  of  Hadley,  and  be  subject  to  pay  their 
proportionable  part  of  the  charge  ;  in  which  choice  they  shall  enjoy  all 
the  privileges  which,  hy  law,  the}'  would  have  been  intitled  to  if  this  act 
had  not  been  made  ;  and  the  selectmen  of  the  town  of  Iladley  shall 
issue  their  warrant  to  one  or  more  of  the  constables  of  the  town  of 
Granby,  requiring  them  to  notify  the  inhabitants  of  the  towu  of  Granby 
of  the  time  and  place  of  their  meeting  for  such  choice. 

Provided,  hoivever, — 

And  be  it  further  enacted, 

[Sect.  2.]  Tliat  the  land[s]  of  Phine[h]as  Smith,  not  included  by 
the  line  aforesaid,  within  the  town  of  Granby,  be  annexed  to,  and  con- 
sidered and  accounted  as  part  of,  the  said  town  of  Granby,  and  shall 
enjo}'  privileges  and  do  duties  there  as  part  and  parcel  of  the  same. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  the  dividing  line  between  the  town  of  Granby  and 
the  first  parish  of  South  Hadle}',  be  and  hereby  shall  be  the  parish  line, 
for  the  future. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  said  town  of  Granby  shall  have  their  propor- 
tion of  the  monies,  in  the  treasury  of  the  district  of  South  Hadley,  that 
are  not  appropriated  ;  and  also  their  proportion  of  what  is  assessed  and 
not  collected  shall  be  divided  between  the  said  town  of  Granby  and 
the  first  parish  in  South  Hadlej^  agre[e]able  to  the  last  province  tax  ; 
and  also  the  said  town  of  Granbj-  shall  have  their  proportion  in  the 
town  stock  of  ammunition,  school  mone}',  weights  and  measures,  pound 
and  stocks,  and  schoolhouse. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  expenceto  which  the  district  of  South  Hadley 
are  subjected  for  the  support  of  their  present  poor,  shall,  for  the  future, 
be  borne  and  discharged  by  the  said  district  and  the  said  town,  in  the 
proportion  as  the}^  paid  to  the  province  tax  set  on  said  South  Hadley 
for  the  last  year. 

Provided,  nevertheless, — 

And  be  it  further  enacted, 

[Sect.  6.]  That  the  said  town  of  Granbj-  shall  pay  their  proportion 
of  all  town,  county  and  province  taxes  already  set  on  or  granted  to  be 


[1st  Sess.] 


Province  Laws. — 1768. 


1013 


raised  b}' said  district  of  South  Iladley,  as  if  this  act  had  not  been  and  province 
made.  *'*^^^- 

And  be  it  further  enacted, 

[Sect.  7.]     That  EUezer  Porter,  Esq'^'^.,  of  Hadle^',  be  and  hereby  Eieazer Porter, 
is  impowered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  meeUngofthe 
in  said  town  of  Grauby,  requiring  liim  to  notify  and  warn  the  inhabit-  inhabitants, 
ants  of  said  town,  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  affairs  of  the  said  town. 
[^Passed  June  11.  j 


CHAPTER  3. 

AN  ACT  FOR  INCORPORATING  THE  NORTH-WESTERLY  PART  OF  DEER- 
FIELD,  IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  DISTRICT  BY  THE 
NAME   OF  SHELBURNE. 


"Whereas  it  appears  to  this  court  that  the  incorporating  the  north- 
westerl}^  part  of  the  town  of  Deerfield,  in  the  county  of  Hampshire,  into 
a  separate  district,  would  relieve  the  inhabitants  alread}'  settled  there 
from  man}^  difficulties  they  now  labour  under,  and  tend  greatly  to 
encourage  others  to  settle  thereon, — 

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

[Sect.  1.]  That  the  north-westerly  part  of  the  said  town  of  Deer- 
field,  bounded  as  follows;  viz^'^.,  begin[7?,]ing  at  the  north-westerly 
corner  of  the  district  of  Greenfield  ;  from  thence,  southerly,  upon  the 
west  line  of  the  said  Greenfield,  to  the  south  line  of  said  Greenfield  ; 
thence,  east,  upon  the  said  south  line  of  said  Greenfield,  until  it  come 
to  a  line  in  said  Deerfield,  called  the  Seven-mile  Line ;  thence,  south- 
erly, upon  the  said  Seven- mile  Line,  to  the  south  side  of  the  lot  on 
which  John  Taylor  now  lives  ;  thence,  westerly,  upon  the  south  line  of 
said  lot,  to  the  west  end  of  the  said  lot ;  thence,  southerly,  upon  a  line 
pan'al[Z]el  with  the  said  Seven-mile  Line,  until  it  comes  to  the  south 
side  of  the  third  lot  from  the  said  Ta3dor's  lot;  thence,  upon  a  line 
extended  westerl}',  the  same  point  of  compass  with  the  said  south 
line  of  the  said  third  lot  from  the  said  Taylor's  lot,  until  it  meets  with 
the  north  line  of  Conwa}- ;  thence,  upon  the  said  north  line  of  the  said 
Conway,  to  the  north-west  corner  thereof;  thence,  upon  the  west  or 
westerly  line  of  the  said  town  of  Deerfield,  to  the  north-west  corner  of 
said  Deerfield  ;  thence,  upon  the  north  line  of  the  said  Deerfield,  to  the 
first-mentioned  bounds, — be  and  hereby  is  erected  into  a  district  by  the 
name  of  Shelburne  :  and  that  the  inhabitants  thereof  be  vested  with  all 
the  powers,  privile[d]ges  and  immunities  which  the  inhabitants  of  the 
towns  within  this  province  do  enjo}',  excepting  only  the  privile[d]ge  of 
sending  a  representative  to  the  general  assembl}^ ;  and  that  the  inhabit- 
ants of  the  said  district  shall  have  liberty,  from  time  to  time,  to  join 
with  the  said  town  of  Deerfield  in  the  choice  of  a  representative  or  rep- 
resentatives ;  which  representative  or  representati\es  may  be  chosen 
indifferently,  from  the  said  town  or  district,  or  the  districts  of  Greenfield 
or  Conway  already  joined  with  the  said  town  of  Deerfield  ;  the  pay  and 
allowance  of  such  representative  or  representatives  to  be  born[e]  by 
the  said  town  and  the  said  districts,  according  to  their  respective  pro- 
portions of  the  province  tax;  and  that  the  said  town  of  Deerfield,  as 
often  as  the}'  shall  call  a  meeting  for  the  choice  of  a  representative  or 
representatives,  shall,  from  time  to  time,  give  seasonable  notice,  to  the 


Preamble. 


Bounds  of  the 
district  of 
Shelburne. 


To  join  with 
l>eerlield,  &c., 
in  clioosing  rep- 
resentatives. 


Town  of  Deer- 
field to  notify 
the  time  for 
Buch  choice  to 


1014 


Province  Laws. — 1768. 


[Chap.  4.] 


1)6  made,  In  Bald 
town. 


Shelburne  to 
pay  their  pro- 
portion of  taxes, 
as  herein  set 
forth. 


Thomas  Wil- 
liams, Esq.,  to 
notify  the  first 
meeting. 


Qualification  of 
voters. 


clerk  (5f  tlie  said  district  of  Shelburne  for  the  time  being,  of  the  time 
and  place  for  holding  said  meeting,  to  the  end  said  district  ma}^  join 
therein  ;  and  the  clerk  of  the  said  district  shall  set  up,  in  some  public 
place  in  said  district,  a  notification  thereof  accordingl}' ;  the  meeting 
for  the  choice  of  a  representative  or  representatives  to  be  held  in  the 
said  town  of  Deerfield,  and  to  be  regulated  by  the  selectmen  of  the  said 
town  of  Deerfield. 

And  be  it  further  enacted, 

[Sect.  2.]  That  the  said  district  of  Shelburne  shall  pay  their  pro- 
portion of  all  town,  county  and  province  taxes,  already  set  on  or  granted 
to  be  raised,  as  if  this  act  had  not  been  made  ;  and  that  of  the  sum  set 
on  the  said  town  of  Deerfield,  as  their  proportion,  with  other  towns,  to 
a  tax  of  one  thousand  pounds,  for  the  future,  the  said  town  of  Deerfield 
shall  retain  the  said  sum,  except  the  sum  of  eight  shillings  and  six- 
pence ;  which  shall  be  deducted  from  the  said  sum,  set  on  the  said  Deer- 
field, and  put  on  the  said  district  of  Shelburne,  as  their  proportion  of 
public  taxes. 

And  be  it  further  enacted, 

[Sect.  3.]  That  Thomas  Williams,  Esq^'^.,  be  and  hereby  is  impow- 
ered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  in  the 
district  of  Shelburne,  requiring  him  to  warn  the  inhabitants  of  the 
said  district  to  meet  and  assemble,  at  some  convenient  time  and  place, 
in  said  district,  in  order  to  chuse  such  officers  as,  by  law,  towns  are 
impowered  to  chuse  in  the  month  of  March,  annually. 

And  be  it  also  further  enacted, 

[Sect.  4.]  That  the  inhabitants  of  the  said  district  of  Shelburne 
who,  in  the  last  tax  in  the  town  of  Deerfield,  were  rated  one-half  part  so 
much  for  their  estates  and  faculties  as  for  one  single  poll,  shall  be 
allowed  to  vote  in  their  first  meeting,  and  such  other  meetings  as  may 
be  called  in  said  district,  until  a  valuation  of  estates  shall  be  made  by 
assessors  there.     [_Passed  June  21 ;  published  June  30. 


CHAPTEE4. 

AN  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  THE  SUM  OF  EIGHTEEN 
THOUSAND  POUNDS. 


Preamble. 


Treasury  sup- 
plied with 
£18,000. 


How  appropri- 
ated. 


Whereas  no  provision  is  made  to  defr[e][a]y  the  charges  of  the 
government  for  the  present  year  ;  and  whereas  the  treasurer  has  repre- 
sented to  this  court,  that,  when  the  taxes  for  the  year  one  thousand 
seven  hundred  and  sixty-seven  are  paid  into  the  treasury,  there  will  be 
a  surplusage  in  the  treasury  of  at  least  eighteen  thousand  pounds, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  treasurer  be  and  he  is  hereby  directed  to  apply 
the  afores[atJd  sum  of  eighteen  thousand  pounds  to  defr[e][a]y  the 
charges  of  government  for  the  ensuing  year,  to  be  issued  in  the  manner 
following ;  that  is  to  say,  the  sum  of  seven  thousand  pounds,  part  of 
the  aforesaid  sum  of  eighteen  thousand  pounds,  shall  be  applied  for  the 
payment  of  grants  made  or  to  be  made  by  this  court ;  and  the  further 
sum  of  three  thousand  five  hundred  pounds,  part  of  the  aforesaid  sum 
of  eighteen  thousand  pounds,  shall  be  applied  for  the  payment  of  his 
majesty's  council,  and  the  members  of  the  house  of  representatives 
serving  in  the  great  and  general  court  during  the  several  sessions  of 
the  present  year  ;  and  the  further  sum  of  five  hundred  pounds,  part  of 


[1st  Sess.] 


Province  Laws. — 1768. 


1015 


the  aforesaid  sum  of  eighteen  thousand  pounds,  shall  be  applied  for  the 
purchasing  provisions  and  the  commissary's  disburs[e]ments  for  the 
service  of  the  several  forts  and  garrisons  within  this  province  ;  and 
the  further  sum  of  two  thousand  pounds,  part  of  the  aforesaid  sum  of 
eighteen  thousand  pounds,  shall  be  applied  for  the  discharge  of  debts 
owing  from  this  province  to  persons  who  have  served  and  shall  serve 
them,  by  order  of  this  court,  in  such  matters  and  things  where  there  is 
no  estabUshment  nor  any  certain  sura  assign[e]d  them  for  that  purpose, 
and  for  paper,  writing  and  printing  for  this  court,  and  repairs  of  the 
province-house,  court-house,  lighthouse[s]  ;  wood  at  Castle  William, 
and  repairs  of  fortifications  within  this  province  ;  and  the  further  sum 
of  four  thousand  pounds,  part  of  the  aforesaid  sum  of  eighteen  thousand 
pounds,  shall  he  applied  for  the  payment  of  expences  of  the  several 
forts  and  garrisons  within  this  province  ;  and  the  further  sum  of  nine 
hundred  pounds,  part  of  the  aforesaid  sum  of  eighteen  thousand  pounds, 
shall  be  applied  for  the  payment  of  the  bounty  upon  wheat  and  flour ; 
and  the  further  sum  of  one  hundred  pounds,  part  of  the  aforesaid  sum 
of  eighteen  thousand  pounds,  shall  be  applied  to  pay  such  contingent 
and  unforeseen  charges  as  ma}-  arise,  and  for  no  other  purpose  what- 
ever. 

And  be  it  farther  enacted, 

[Sect.  2.]     That  the  treasurer  pay  the  aforesaid  sum  of  eighteen  Treasurer  to 
thousand  pounds  out  of  such  appropriations  as  shall  be  directed  by  oufoftheap!^ 
warrant,  and  no  other ;  and  the  secretary  to  whom  it  belongs  to  keep  ^[■°PJ^|f^'^°* 
the  muster-rolls  and  account  of  charge,  shall  lay  before  the  house  of  warrant, 
representatives,  when  the}'  direct,  such  muster-rolls  and  accounts    of 
charge,  after  payment  thereof.     [^Passed  June  23  ;  published  June  30. 


CHAPTER    5. 

AN  ACT  IN  ADDITION  TO  AN  ACT,  INTITLED  "AN  ACT  FOR  ERECTING 
THE  NEW  PLANTATION  CALLED  HUNTSTOWN,  IN  THE  COUNTY  OF 
HAMPSHIRE,  INTO  A  TOWN  BY  THE  NAME   OF  ASHFIELD." 

Whereas  by  the  act,  intitled  "An  Act  for  erecting  the  new  planta- 
tion called  Huntstown,  in  the  county  of  Hampshire,  into  a  town  by  the 
name  of  Ashfield,"  it  is,  among  other  things,  enacted  "  That  all  taxes 
already  raised  for  settling  a  minister,  or  that  may  be  raised  for  his  sup- 
port, for  building  a  meeting-^house,  clearing  and  repairing  roads,  be 
levied  on  the  several  proprietors  of  said  plantation,  according  to  their 
interests,  until  the  further  order  of  this  court ;  and  that  said  inhabitants 
and  proprietors  of  said  town,  proceed  by  the  same  rules,  in  levying  and 
collecting  said  taxes,  as  proprietors  in  new  plantations  are  obliged,  by- 
law, to  observe  "  ;  which  paragraph  in  said  act  is,  in  several  respects,  in- 
sufficient for  the  purpose  for  which  it  was  designed,  and  some  provision 
is  absolutely  necessary,  to  enable  the  proprietors  of  the  lands  in  said 
town  to  levy  and  collect  the  monies  by  them  already  granted  for  the 
purposes  aforesaid,  and  to  enable  them  to  grant,  assess,  levy  and  collect 
such  further  taxes  and  assessments  as  may  be  necessary  for  the  [^same 
purposes  *], — 

Be  it  therefore  enacted  bij  the  Governor,  Council  and  House  of 
Representatives, 

[Sect.  1.]  That  the  proprietors  of  the  lands  in  said  town  of  Ash- 
field, divided  or  undivided,  be  and  they  are  hereby  impowered,  at  any 
meeting  or  meetings  of  said  proprietors,  warned  and  called  agre[e]able 
*  In  the  parchmeut  these  two  words  are  obliterated. 


Disallowed  by 
the  privy  coun- 
cil, July  31, 
1771. 

Preamble. 
1765-66,  chap. 
13,  §  3. 


Proprietors  of 
lands  in  Ash- 
field to  choose 
officers : 


1016 


Province  Laws. — 1768. 


[Chap.  5.] 


1712-13,  chap.  9. 


— and  agree 
upon  raising 
money, 


—on  the  250- 
acre  rights. 


Preamble. 


The  2.50.acro 
rights  subjected 
to  the  payment 
of  taxes : 


— otherwise  the 
lands  may  bo 
sold. 


1761-62,  chap. 
44.' 


to  the  directions  of  one  law  of  this  province,  made  in  the  twelfth  3-ear 
of  the  reign  of  her  late  majesty  Queen  Ann,  intitled  "An  Act  directing 
how  meetings  of  proprietors  of  lands,  Ijing  in  common  and  nndivided, 
may  be  called,"  by  a  major  vote  of  said  proprietors,  to  be  collected 
according  to  their  interest  in  the  same  lands,  to  make  choice  of  a  clerk, 
treasurer  and  assessors,  and  an}'  other  officers  that  proprietors  of 
common  and  undivided  lands  may  chuse  ;  and  also  may  agree  upon  the 
raising,  assessing,  levying  and  collecting  all  such  sums  of  money  as  they 
shall  judge  necessary  to  compleat  the  building  and  finishing  of  their 
meeting-house,  and  the  settlement  and  suppoit  of  their  minister,  and 
for  the  lajing  out,  making,  clearing  and  repairing  of  public  and  private 
•ways  there,  until  this  court  shall  otherwise  order  ;  and  that  the  monies 
so  granted  shall  be  assessed  upon  the  lands,  of  each  original  right  in  the 
said  town,  that  are  alread}'  laid  out  or  agreed  to  be  laid  out,  being  two 
hundred  and  fifty  acres  to  each  right ;  and  that  eveiy  part  of  the  said 
two  hundred  and  fifty  acres,  in  whose  hands  soever  the  same  may  be, 
shall  be  and  hereby  is  subjected  to  the  payment  of  its  proportionable 
part  of  such  monies  so  granted  for  the  purposes  aforesaid. 

Ayid  lohereas^  before  the  act  of  incorporation  aforesaid,  a  tax  of  forty 
shillings,  on  each  original  right,  was  agreed  upon  and  assessed  by  said 
proprietors,  which  is  but  partly  collected  ;  and,  since  the  said  act  of  in- 
corporation, another  tax  of  twenty  shillings,  on  each  original  right  there, 
has  been  agreed  upon  and  assessed,  and  no  part  thereof  collected  ;  both 
which  taxes  were,  b}'  said  proprietors,  agreed  upon  and  appropriated  to 
the  purposes  aforesaid  only, — 

Be  it  enacted^ 

[Sect.  2.]  That  what  remains  unpaid  of  the  said  two  taxes,  and  all 
future  taxes  that  may  be  agreed  upon  and  made,  agre[e]able  to  the 
foregoing  provisions  in  this  act,  shall  and  may  be  levied  of  the  said  two 
hundred  and  fifty  acres  alread}'  laid  out,  or  voted  and  agreed  to  be  laid 
out,  b}'  said  proprietors  ;  and  eveiy  part  of  the  said  two  hundred  and 
fifty  acres,  in  whose  hands  the  same  may  be,  shall  be  liable  to  the  pay- 
ment of  a  proportionable  part  thereof;  and  that  if  auj-  proprietor  of  any 
such  lands,  as  aforesaid,  shall  neglect  or  refuse  to  pay  his  proportion  of 
an}'  such  taxes  heretofore  dul}'  assessed,  or  hereafter  to  be  assessed, 
agrc[e]able  to  this  act,  the  assessors  of  such  taxes  are  hereby  impowered 
to  make  sale  of  such  delinquent  proprietor's  land  there,  for  the  pa3'ment 
thereof,  in  the  same  manner  as  hath  heretofore  been  provided  in  an  act 
or  law  of  this  province,  made  in  the  second  year  of  his  present  majest^^'s 
reign,  intitled  "An  Act  to  subject  the  unimproved  lands  within  this 
province  to  be  sold  for  paj-ment  of  taxes  assessed  on  them,  by  order  of 
the  great  and  general  court,  and  votes  and  agreements  of  the  propri- 
etors thereof,  and  to  enable  proprietors  of  new  plantations  to  levy 
province  and  county  taxes  laid  on  them."  \_Passed  June  24  ;  'published. 
June  30. 


"*  *  *  hy  this  Act  the  proprietors  of  Lands  in  the  above  Township  of  Ashfiekl 
are  impowered  to  levy  and  collect  such  Taxes  and  Assessments  as  they  shall  judge 
necessary  to  compleat  the  building  of  a  Meeting  House  and  for  settling  and  support- 
ing an  independent  Minister;  And  this  Act  further  directs  that  the  Monies  so 
granted  shall  be  assessed  upon  the  Lands  of  each  original  right  in  the  said  Town 
consisting  of  250  Acres  each  every  part  of  which  in  whose  hands  soever  the  same 
may  be  is  made  subject  to  the  payment  of  its  proportionable  jmrt  of  such  monies  so 
granted  for  the  purposes  aforesaid. 

This  Clause,  whereby  all  persons  of  whatever  sect  or  persuasion  in  religion,  occu-, 
pying  Lands  in  this  Township  are  equally  and  indiscriminately  taxed  for  the  sup- 
port of  the  Independent  Church  therein  established,  is  in  our  opinion  equally  unusual, 
and  unreasonable  particularly  in  the  case  of  the  Sect  commonly  called  the  Antipe- 
dobaptists,  it  appearing  that  out  of  seventeen  families  of  which  this  Township*  at  its 
first  settlement  consisted,  twelve  of  them  were  of  the  above  sect  or  persuasion,  "We 
therefore  beg  leave  humbly  to  propose  to  Your  Majesty  to  signify  Your  Royal  disal- 
lowance of  this  KoX^—Rcm-esaitation  of  the  Lords  of  Trade,  May  31, 1771:  "Mass.  Bayy 

B.T.;'voi.m,p.-3m. 


[1st  Sess.] 


Pkovixce  Laws.— 1768. 


ion 


CHAPTER   6. 

AN  ACT  IMPOWERING  THE  ASSESSORS  OF  THE  TOWN  OF  WINDHAM, 
IN  THE  COUNTY  OF  CUMBERLAND,  TO  ASSESS,  YEARLY,  FOR  THREE 
YEARS  NEXT  [I][£]NSUfNG,  ONE  PEN[A]Y  PER  ACRE  ON  EVERY  OF 
THE  HUNDRED  ACRE  LOT[T]S  IN  SAID  TOWN  ALREADY  LOTTED 
OUT,  AND  NOT  OTHERWISE  TAXED;  MINISTERIAL  AND  SCHOOL 
LANDS  LYING  IN  SAID  TOWN,  EXCEPTED. 

Be  it  enacted  by  the  Governor^  Council  and  House  of  Representa- 
tives^ 

[Sect.  1.]  That  the  assessors  of  the  town  of  Windham,  in  the 
county  of  Cumberland,  be  and  hereby  are  authorized  and  impowered 
annuallj'  to  assess,  for  three  years  next  [i][e]nsuing,  one  pen[7?,]y  per 
acre  on  every  of  the  hundred  acre  lotts  already  lotted  out  in  said  town, 
not  otherwise  taxed :  ministerial  and  school  lands  lying  and  being  in 
said  town,  excepted  ;  and  that  the  said  town  of  Windham  be  impowered, 
at  each  and  every  of  their  ann[a][i]versary  March  meetings,  for  the 
said  three  years  next  [i][e]nsuing,  to  chuse  one  collector,  an  inhab- 
itant of  the  town  of  Windham,  to  serve  for  and  during  tlic  year  for 
which  he  shall  be  chosen,  and  to  take  the  oath  commonly  taken  by 
collectors  of  towns  ;  who  shall  well  and  truly  collect  the  sum  and  suras 
assessed  by  the  afores[at]d  assessors,  in  pursuance  of  this  act,  on  the 
hundred-acre  lots  in  said  town  as  aforesaid  ;  and  that  one  half  of  the 
money  that  shall  be  raised  b}'  said  tax,  be  paid,  by  the  collector  for 
the  time  being,  into  the  hands  of  the  treasurer  of  said  town  of  Windham 
for  the  time  being,  to  be,  by  such  treasurer  of  said  town  of  Windham, 
annuall}',  appl[y][i]ed  to  the  [paying  the]  minister[s]  and  other  town 
charges  ;  the  other  half  to  be  paid  into  the  hands  of  the  proprietors' 
treasurer  for  the  time  being,  to  be,  hy  s[cei]d  proprietors  or  their  order, 
annuall}'  appl[y][i]ed  to  the  opening  and  making  passable  such  ways, 
already  planned  or  laid  out,  as  still  remain  in  [a]  wilderness  state  in 
said  town  of  Windham. 

And  he  it  further  enacted  by  the  authority  aforesaid, 

[Sect.  2.]  That  if  any  collector  or  collectors,  duly  chosen  at  either 
of  the  annual  March  meetings  in  said  town  of  Windham,  during  the 
term  aforesaid,  shall  neglect  or  refuse  to  serve  in  said  office,  the  collector 
so  neglecting  or  refus[e]ing  shall  forfeit  and  pay  the  sum  of  five  pounds, 
to  the  use  of  said  town,  to  be  recover' [e]d  in  manner  as  tlie  law 
directs  for  prosecuting  persons  refus[e]ing  to  serve  in  the  office  of  a 
constable ;  and  the  said  town  may  and  are  hereby  impowered  to  chuse 
another  collector  in  his  or  their  stead. 

[Sect.  3.]  And  if  any  or  either  of  the  proprietors  and  owners  of 
the  said  hundred-acre  lots,  or  either  of  them,  not  otherwise  taxed,  13'ing 
and  being  in  the  town  of  Windliam,  shall  neglect  or  dela}-  to  pay  to  the 
collector  or  collectors  for  the  time  being,  the  sum  from  time  to  time 
levied  or  assessed  upon  their  hundred-acre  [lott  or]  lot[t]s  as  aforesaid, 
for  fort}^  days  after  such  assessment  is  made,  and  published  b}-  posting 
up  notifications  thereof  in  said  town  of  Windham,  in  the  shire  town  of 
the  county  of  Cumberland,  and  in  Marblehead,  that  then  and  in  such 
case  it  shall  and  may  be  lawful  for  such  assessors  to  post  up,  in  s[at]d 
town  of  Windham,  the  shire  town  of  the  count}'  of  Cumberland,  and  in 
Marblehead,  notifications  of  the  intended  sale[s]  of  so  much  and  no 
more  of  such  delinquent  proprietors'  lands  as  they  shall  judge  necessary 
to  pay  such  rates  and  taxes,  and  other  necessar}'  and  intervening 
charges,  two  months  before  the  same  be  sold ;  and  if  any  of  the  said 
proprietors  of  the  said  hundred-acre  lots  do  not,  by  that  time,  pay  such 


Assessors  of 
tlie  town  of 
Windham  to 
assess,  annually, 
one  penny  per 
acre  on  the  100- 
acre  lots  in  said 
town. 


Collectors  to  be 
chosen  to  re- 
ceive and  pay 
the  money  to 
the  town 
treasurer : 


— to  be  applied 
to  the  making 
passable  ways. 


Penalty  on  col- 
lectors refusing 
to  serve. 


Other  collectors 
to  be  chosen. 

Assessors  to 
post,  and  make 
sale  of,  lands  of 
delinquent  pro- 
prietors. 


1018 


Peovlj^ce  Laws. — 1768. 


[Chap.  7.] 


Overplus  money 
to  be  returned. 


Right  of  re- 
demption, re- 
Bcrved. 


A  town-meeting 
to  be  called  in 
July. 


rates  or  assessments  and  charges,  then  and  in  that  case  it  shall  and 
may  be  lawful [1]  for  the  assessors,  at  a  public[k]  vendue,  to  sell  so 
much  of  the  delinquent  proprietors'  lands  as  shall  be  sufficient  to  pa}' 
the  tax  and  charges  arising  upon  the  sale  of  said  land,  and  execute 
absolute  deed  or  deeds,  in  law,  for  the  conveying  of  such  lands  to  the 
person  or  persons  who  shall  give  most  for  the  same  ;  which  deed  shall 
be  good  and  valid,  to  all  intents  and  purposes  in  law,  for  conveying 
such  estates  to  the  grantees,  their  heirs  and  assign [e]s  forever ;  and 
if  the  said  land  be  sold  for  more  than  the  taxes  and  intervening 
charges,  the  overplus  to  be  paid  to  such  delinquent  proprietors,  or  their 
order ;  the  money  for  which  the  delinquent  proprietors'  lands  shall  be 
sold,  to  be  lodged  in  the  hands  of  the  treasurer  of  the  town  of  Windham 
and  the  proprietors'  treasurer,  in  equal[l]  division,  reserving  to  the  non- 
resident proprietors,  whose  lands  shall  be  sold  as  aforesaid,  a  right  of 
redemption  for  themselves,  their  respective  heirs  and  assign [e]s,  within 
twelve  months  from  the  time  of  the  sale  of  such  delinquent  proprietors' 
lands,  the}^  paying  the  sum  or  sums  for  which  the  lands  were  sold,  with 
double  interest  until  the  same  be  redeemed. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  inhabitants  of  Windham  be  and  hereby  are 
authorized  and  impower'[e]d  to  call  a  town-meeting,  some  time  in  the 
month  of  July  next  ensuing,  to  chuse  one  collector,  an  inhabitant  of 
Windham  aforesaid,  and  that,  for  the  purposes  aforesaid  ;  to  serve  in 
said  office  this  present  year.     [^Passed  June  24  ;  published  June  30. 


CHAPTER   7. 

an  act  for  the  removal  of  the  prisoners  from  his  MAJESTY'S 
GOAL  IN  THE  COUNTY  OF  BARNSTABLE,  TO  HIS  MAJESTY'S  GOAL 
IN  THE  COUNTY  OF  PLYMOUTH. 


Preamble. 


Prisoners  to  be 
removed  from 
Barnstable  to 
Plymouth. 


Whereas  it  has  been  represented  to  this  court,  by  the  justices 
of  the  court  of  general  sessions  of  the  peace,  in  the  count}'  of  Barn- 
stable, that  the  goal  in  that  county  is  insufficient,  and  that  the  said 
justices  have  ordered  a  new  one  to  be  built,  which  is  read}'  to  be  erected 
in  the  place  where  the  old  goal  stands  ;  and  they  desire  the  aid  of  this 
court  for  the  removal  of  the  prisoners  that  are  or  may  be  committed  to 
goal,  in  the  said  county  of  Barnstable,  while  a  new  goal  is  building 
there, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  House  of 
liejj  resell  ta  t  ives , 

[Sect.  1.]  That  the  sheriff  of  the  county  of  Barnstable  be  directed 
to  remove  the  prisoners  in  the  goal  in  the  county  of  Barnstable,  to  his 
majesty's  goal  in  the  county  of  Plymouth,  while  the  new  goal  is  building 
in  the  said  county  of  Barnstable  ;  and  the  sheriff  of  the  county  of  Plym- 
outh is  hereby  impowered  and  directed  to  receive  such  prisoners  into 
his  custody,  and  the  same  safely  to  keep,  until  the  goal  in  the  county 
of  Barnstable  is  fitted  to  receive  them  again,  or  may  be  otherwise  dis- 
charged by  due  order  of  law  ;  and  also  to  receive  any  prisoners  into 
Plymouth  goal,  that  may  be  committed,  by  lawful  authority,  from  the 
county  of  Barnstable,  while  the  goal  in  that  county  is  building ;  and 
the  sheriff  of  the  county  of  Barnstable,  or  his  deputy  or  deputies,  are 
hereby  fully  authorized  and  impowered  to  remove  the  prisoners  that 
are  or  may  be  in  Barnstable  goal,  at  the  time  said  goal  is  about  to  be 
pulled  down,  to  the  goal  in  Plymouth  aforesaid,  and  deliver  them  to  the 


[1st  Sess.] 


Province  Laws. — 1768. 


1019 


sheriff  of  the  count}-  of  Plymouth,  that  he  maj'  confine  them  in  Plym- 
outh goal,  as  aforesaid,  until  the  goal  in  Barnstable  is  fitted  to  receive 
them  ;  and  so  soon  as  the  goal  in  the  county  of  Barnstable  is  finished, 
the  sheriff  of  the  county  of  Barnstable,  or  his  deputy,  are  hereby  also 
directed  and  impowered  to  remove  such  of  the  said  prisoners  as  shall 
then  be  detained  in  custody  there,  back  to  [to']  the  goal  in  Barnstable. 

[Sect.  2.]  And  the  sheriff"  of  the  county  of  Barnstable,  and  any 
other  officer  or  officers  of  the  said  county,  or  of  any  of  the  towns  in  said 
county,  that,  at  any  time  during  the  building  said  goal,  shall  have  any 
execution,  warrant  or  process  whatsoever,  by  virtue  of  which  the}-  might 
legally  commit  any  person  or  persons  to  the  goal  in  said  county  of 
Barnstable,  if  the  same  were  fit  to  receive  and  restrain  them,  shall  be 
and  hereby  are  impowered  to  commit  such  person  or  persons  to  the 
goal  in  said  county  of  Plymouth  ;  and  the  sheriff'  of  the  said  count}'  of 
Plymouth  shall  be  and  he  [is]  hereby  [?s]  impowered  and  directed  to 
keep  and  detain  such  persons  in  the  same  manner  as  the  sheriff  of  the 
said  county  of  Barnstable  would  have  been  if  they  had  been  committed 
to  the  goal  there  ;  and  that  any  person  or  persons  obstructing  or  hinder- 
ing the  said  officers  and  their  assistants  in  removing  or  committing  any 
prisoners  as  aforesaid,  shall  be  liable  to  the  same  pains  and  penalties 
as  for  opposing  and  obstructing  such  officers  in  the  execution  of  their 
several  offices,  in  similar  case,  in  their  own  respective  precincts. 

And  be  it  further  enacted, 

[Sect.  3,]  That  the  sheriff  of  the  county  of  Barnstable,  as  well  as 
the  said  county  of  Barnstable,  be  liable  to  make  good  all  damages  that 
may  arise  upon  the  escape  of  any  prisoner  or  prisoners  for  debt,  or  any 
other  prisoners,  on  their  removal  to  Plymouth  goal,  and  back  again,  in 
Hie  same  manner  as  they  are  now  respectively  liable  to,  in  case  of  such 
prisoners  escaping  out  of  the  present  goal  in  the  county  of  Barnstable. 
[^Passed  June  24  ;  published  Jane  30. 


To  be  removed 
back  when 
Barnstable  jail 
is  finished. 


Sheriflfof  the 
county  of 
Barnstable  em- 
powered to  com- 
mit prisoners  to 
Plymouth  jail. 


Sheriff  of  Plym- 
outh County  to 
detain  such  . 
prisoners. 

Penalty  for 
oppos^ing  such 
otficers. 


Sheriff  and 
county  of  Barn- 
stable, liable  for 
escapes  in 
removing. 


CHAPTEK    8. 


AN  ACT  TO  ESTABLISH  A  TOLL  ON  THE  BRIDGE  LATELY  BUILT 
OVER  THE  WESTERMOST  BRANCH  OF  SACO  RIVER,  FROM  BIDDE- 
FORD  SIDE  TO  INDIAN  ISLAND,  IN  THE   COUNTY  OF  YORK. 

Whereas  the  bridge  lately  built  over  the  westei-nmost  branch  of  Saco  Preamble. 
River,  from  Biddeford  side  to  Indian  Island,  has  been  erected  at  a  great 
expence  to  the  undertakers  ;  and  the  said  bridge  is  found  to  be  of 
general  use  and  public  utility, — which  expence  it  seems  reasonable 
should  be  refunded  and  paid  to  the  undertakers,  and  the  bridge  for  the 
future  be  supported,  and  kept  in  good  repair, — 

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

[Sect.  1.]  That  from  and  after  the  twentieth  day  of  July  next,  the  Toiicstab- 
said  bridge  be  a  toll-bridge,  for  the  term  of  five  years  ;  and  that  there  be  eeve'rai  rates!'*' 
paid  by  every  footman  who  shall  pass  said  bridge,  the  sum  of  one  penny  ; 
and  for  every  man  and  horse,  the  sum  of  threepence  ;  and  for  every 
two-wheel  chaise,  chair  or  sleigh,  and  horse,  with  the  travellers  therein, 
sixpence  ;  for  every  team  with  a  cart  or  sled,  the  sum  of  sixpence  ;  for 
all  horse-kind  or  neat  cattle,  a  penny  per  head  ;  and  for  every  four- 
wheel  chaise,  including  passengers,  one  shilling;  and  no  more. 

And  be  it  further  enacted, 

[Sect.  2.]     That  Amos  Cha[s][c]e,  Thomas  Cutts,  Benjamin  Na-  court  of  ees- 
son  and  Thomas  Gillpatrick,  who  built  the  said  bridge,  be  and  hei-eby  ^^-guEr'* 


1020 


Province  Laws. — 1768. 


[Chap.  9.] 


Time  of  his 
attendance. 


To  account  for 
moneys  he  shall 
receive, 


— and  render  an 
account  to  this 
court. 


Penalty  for  re- 
ceiving more 
than  the  rates 
herein  specified. 


How  to  be  dis- 
posed of. 


are  inipowerecl  to  appoint  some  suitable  person  to  receive  said  tolls, 
who  shall  be  approved  of  by  the  court  of  general  sessions  of  the  peace 
in  the  county  of  York,  and  who  shall  give  such  security  for  the  faithful 
performance  of  his  duty  and  attendance  at  said  bridge,  as  the  said  coui't 
of  general  sessions  of  the  peace  shall,  from  time  to  time,  order ;  and 
the  said  person  so  appointed  and  approved  of  as  aforesaid,  shall  faith- 
fully attend  "[h^oh]  his  dut}',  and  [at]  all  times  be  ready,  between  the 
hours  of  five  o'[f  the]  clock  in  the  morning  and  nine  in  the  evening,  to 
admit  any  person  to  pass  the  said  bridge,  upon  the  penalty  of  twenty 
shillings  for  any  neglect ;  and  in  case  he  shall  not  be  present  to  admit 
persons  to  pass  the  bridge,  between  the  hours  of  nine  in  the  evening 
and  five  in  the  morning,  he  shall  leave  the  passage  free  and  open. 

And  be  it  farther  enacted, 

[Sect.  3.]  That  the  said  person  so  appointed  and  approved  of  as 
aforesaid,  shall,  from  time  to  time,  when  demanded,  exhibit  an  account 
of  the  monies  he  shall  receive  as  aforesaid,  on  oath,  if  required,  to  the 
said  Amos  Cha[s][c]e,  Thomas  Cutts,  Benjamin  Nason  and  Thomas 
Gillpatrick,  their  heii's  and  assigns,-  and  pay  them  the  snme  ;  which 
monies,  to  be  received  by  them  by  virtue  of  this  act,  shall  vest  in  them, 
their  respective  heirs,  executors  and  administrators,  in  equal  parts  and 
shares,  for  and  during  the  term  of  five  years. 

And  he  it  further  enacted, 

[Sect.  4.]  That  the  said  Amos  Cha[s][c]e,  Thomas  Cutts,  Benja- 
min Nason  and  Thomas  Gillpatrick,  their  heirs  and  assigns,  shall  keep 
the  said  bridge  in  good  repair ;  and  that  said  tolls  shall  be  continued 
during  the  aforesaid  term  of  five  j'cara  ;  and  they,  and  each  of  them, 
are  hereb}'  impowered  to  refuse  a  passage  over  said  bridge  to  any  per- 
son or  persons,  till  the  pajment  of  the  tolls  required  by  this  act. 

And  he  it  farther  enacted, 

[Sect.  5.]  That  the  said  Amos  Cha[s][c]e,  Thomas  Cutts,  Benja- 
min Nason  and  Thomas  Gillpatrick,  their  heirs  and  assigns,  shall  keep, 
and  exhibit  to  this  court,  when  requii-ed,  an  account  of  all  monies 
received  b}-  tolls,  by  virtue  of  this  act,  and  an  account  of  the  expences 
of  supporting  the  said  bridge. 

And  he  it  farther  enacted, 

[Sect.  6.]  That  if  the  keeper  of  the  said  bridge  shall,  at  an}'  time, 
demand  or  receive  a  greater  toll  than  what  is  required  and  allowed  by 
this  act,  he  shall,  for  every  such  ofi'ence,  be  subject  to  the  penaltyof 
twenty  shillings. 

[Sect.  7.]  And  all  penalties  and  forfeitures  arising  by  virtue  of 
this  act,  or  any  clause  therein,  shall  be  disposed  of  in  the  manner  fol- 
lowing;  vizW.,  one  half  to  and  for  the  use  of  this  government,  to  be 
paid  into  the  province  treasuiy  ;  and  the  other  half  to  hina  or  them  that 
shall  sue  for  the  same  in  any  of  his  majesty's  inferio[M]r  courts  of 
common  pleas, — or  before  any  justice  of  the  peace,  when  the  said  pen- 
alty doth  not  exceed  the  sum  of  forty  shillings.  [^Passed  June  24 ; 
published  Jane  30. 


CHAPTER    9. 

AN  ACT  TO  ENABLE  THE  ASSESSORS  OF  THE  TOWN  OF  CHARLEMONT 
TO  COLLECT  ALL  THE  TAXES  GRANTED  ON  THE  LANDS  IN  THE 
SAID  CHARLEMONT. 


Preamble.  Whereas  the  general  court,  at  their  session  in  Februaiy,  in  the  j'ear 

one  thousand  seven  hundred  and  sixty-seven,  ordered  that  a  tax  of  one 
penny  per  acre,  yearly,  for  the  term  of  three  years,  be  granted  upon 


[1st  Sess.] 


Province  Laws. — 1768. 


1021 


all  the  lands  in  the  said  town  of  Chailemont, — publick  lands  excepted — 
and  that  the  money  thereb}'  arising  should  be  appHed  as  follows  ;  to 
wit,  flft3'  pounds,  part  of  the  said  mone}',  towards  finishing  the  raeet- 
ing-liouse  already  set  up  in  tlie  said  town  of  Charleniont ;  and  that  the 
remainder  of  the  said  money  be  applied  to  pa}'  for  preaching  the  gos- 
pel and  setthng  and  supporting  a  minister :  which  said  tax  remains 
unpaid ;  ayid  whereas  there  is  not  any  provision  made  for  collecting  the 
said  tax, — 

Be  it  enacted  by  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  assessors  for  the  said  town  of  Charlemont,  for 
the  time  being,  are  empower' [e]d  and  required  to  assess  the  sum  of 
twopence  per  acre,  upon  the  owner  or  owners,  proprietor  or  proprietors, 
of  all  the  lands  in  the  said  town  of  Charlemont  except  the  lands  as 
before  excepted, — being  twopence  of  the  said  tax  granted  as  aforesaid  ; 
and  in  case  the  proprietor  or  proprietors  of  any  of  the  said  lands  shall 
neglect  or  delay  to  paj'  to  the  said  assessors  the  said  sum  of  twopence 
upon  the  acre,  assessed  on  him,  for  sixtj'  da^'s  after  such  assessment  is 
made,  and  published  b}'  posting  up  the  same  in  some  publick  place  in 
said  town  of  Charlemont,  and  in  the  sliire  town  of  the  county  of  Hamp- 
shire, that  then  and  in  such  case  it  shall  and  may  l)e  lawful [1]  for  the 
said  assessors  to  post  up,  in  some  public  [k]  place  in  the  said  Charle- 
mont, notifications  of  the  intended  sale  of  so  much,  and  no  more,  of 
such  delinquent  proprietor's  land  as  they  shall  judge  necessary  to  pay 
and  satisfy  the  said  tax  of  twopence  upon  tlie  acre,  and  other  neces- 
sar}'  and  intervening  charges,  three  months  before  the  same  is  sold  ; 
and  also  the  said  assessors  shall  be  obliged,  for  the  notification  of  the 
non-resident  proprietors,  to  advertize,  in  all  the  several  Boston  news- 
papers^ three  several  weeks,  the  intended  sale,  at  least  three  months 
before  the  land  be  sold ;  and  if  any  delinquent  proprietors  do  not,  by 
that  time,  pay  the  said  twopenny  tax,  and  charges,  then  and  in  that 
case  it  shall  and  may  be  lawful  for  the  said  assessors,  at  a  publick 
vendue,  to  sell,  and  execute  absolute  deeds,  in  the  law,  for  the  conve}'- 
ance  of,  such  lands  of  the  proprietors,  to  the  person  or  persons  who 
shall  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,  forever ;  and  if  the  said  lands  be 
sold  for  more  than  the  tax  and  charges,  then  the  overplus  mone}',  aris- 
ing by  such  sale,  to  be  paid  to  such  delinquent  proprietor,  or  his  order  : 
the  monc}'  which  such  lands  shall  be  sold  for  to  be  lodged  in  the  hands 
of  the  treasurer  of  the  said  town  of  Charlemont,  who  is  hereby  directed 
to  attend  the  orders  of  the  said  assessors,  for  payment  of  the  same, 
according  to  the  intentions  and  meaning  of  the  said  grant ;  reserving  to 
such  non-resident  proprietors  as  are  not  inhabitants  of  this  proviiice, 
their  heirs  or  assigns,  liberty  of  redemption  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  int[e]rest  untill  the  same  be  redeemed. 

And  be  it  farther  enacted^ 

[Sect.  2.]  That  the  assessors  which  shall  and  may  be  chosen  for 
the  said  town  of  Charlemont,  for  the  3'ear  one  thousand  seven  hundred 
and  sixty-nine,  are  empower [e]d  and  required  to  assess  one  penny  per 
acre  upon  the  owners  or  proprietors  of  the  lands  in  the  said  town  of 
Charlemont,  except  the  lands  as  before  excepted  ;  which  said  assess- 
ors for  the  said  year  one  thousand  seven  hundred  and  sixty-nine,  for 
the  assessing  and  collecting  the  said  one-penny  tax,  are  to  proceed 
in  the  same  manner  as  the  assessors  of  the  said  town  cf  Charlemont,  for 
the  time  being,  are  empowered  and  required ;  and  the  proprietors  of 


Twopence  per 
acri',  granted  on 
lands  in  Charle- 
mont. 


In  case  of  non- 
payment, lands 
to  be  sold,  after 
due  notification. 


Overplus  money 
to  be  lodged 
wUh  the 
treasurer  of 
said  town. 


Reservation 
respecting  pro- 
prietors not  in- 
liabitants  of  the 
province. 

Assessors  di- 
rected. 


1022 


Pbovince  Laws.— 1768.      [Chaps.  10, 11.] 


Assessors  to 
pay  the  money 
collected,  to  the 
treasurer  of 
Charlcmont. 


any  of  the  lands  so  sold,  and  who  are  not  inhabitants  of  this  province, 
shall  and  may  have  the  same  liberty  for  the  redemption  of  their  lands, 
as  is  above  granted  to  proprietors  not  inhabitants  of  this  province,  for 
tlie  redemption  of  their  lands  sold  for  the  payment  of  the  said  two- 
penny' tax. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  said  assessors  for  the  said  j^ear  one  thousand 
seven  hundred  and  sixt3-nine,  shall  pay  the  mone}'  arising  by  the  said 
sale,  for  the  pa3ment  of  the  said  one-penny  tax  and  charges,  to  the 
treasurer  of  the  said  town  of  Charlcmont  for  the  said  3'ear  one  thou- 
sand seven  hundred  and  sixt3'-nine  ;  and  the  said  treasurer  is  directed 
to  attend  the  orders  of  the  said  assessors  for  the  said  j'ear  one  thou- 
sand seven  hundred  and  sixty-nine,  for  the  pa3-meut  of  the  said 
mon[e]3',  arising  b3'  the  sale  of  the  said  lands  for  the  pa3-ment  of  the 
said  one-penn3'  tax  and  charges,  according  to  the  intentions  and  mean- 
ing of  [the]  said  grant.     \_Passed  June  24  ;  published  June  30. 


Act  to  prevent 
damage  at 
Nobscusset. 
1749-50,  ch.  13. 

For  regulating 
the  standard  of 
■wheat. 
1762-63,  ch.  19. 

To  prevent  dam- 
age in  Plymouth 
woods,  &c. 
1765-66,  ch.  12. 

For  preserva- 
tion of  Plym- 
outh Beach  and 
Harbor. 
1765-66,  ch.  20. 

Continued  to 
August,  1770. 


CHAPTER    10. 

AN  ACT  FOR  REVIVING  AND   CONTINUING  SUNDRY  LAWS  THAT  ARE 
EXPIRED,  AND  NEAR  EXPIRING. 

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  thirtieth  j^ear  of  the  reign  of  King  George  the 
Second,  intit[?t]led  "An  Act  to  prevent  damage  being  done  on  the 
lands  lying  in  the  township  of  Yarmouth,  called  Nobscusset;"  one 
act  made  in  the  third  3ear  of  his  present  majest3''s  reign,  intit[w]led 
"An  Act  declaring  and  regulating  the  standard  of  wheat  imported 
into  this  province,  and  for  preventing  abuses  by  millers;"  two  acts 
made  in  the  fifth  year  of  his  present  majest3's  reign  ;  one,  intit['w]led 
"An  Act  to  prevent  damage  being  done  in  the  woods  in  Plymouth, 
Sandwich,  Barnstable,  Falmouth  and  Warehara,  by  hunting  with  hounds 
and  dogs  ;  "  the  othei-,  intit[i<]led  "An  Act  for  the  preservation  of  the 
beach  and  harbour  in  the  town  of  Plymouth," — 

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

That  such  of  the  before-mentioned  acts  as  are  expired,  be  revived, 
and  such  of  said  acts  as  are  not  3et  expired,  be  continued,  with  all 
and  every  clause,  matter  and  thing,  therein  respectivel3'  contained,  and 
shall  be  in  force,  until  the  first  da3-  of  August,  one  thousand  seven 
hundred  and  sevent3',  and  no  longer.  \_Passed  June  24 ;  published 
June  30. 


CHAPTER    11. 

AN  ACT  FOR  CONTINUING  AN  ACT  INTIT[C;]LED  "AN  ACT  FOR  ESTAB- 
LISHING AND  REGULATING  THE  FEES  OF  THE  SEVERAL  OFFICERS 
WITHIN  THIS  PROVINCE,  HEREAFTER  MENTIONED,"  MADE  IN  THE 
FIFTH  YEAR  OF  HIS  PRESENT  MAJESTY'S  REIGN. 


Preamble. 
1764-65,  chap. 
26. 


Whereas  the  act  intit[M]led  "  An  Act  for  establishing  and  regulating 
the   fees  of  the  several  officers  within  this  province,  hereafter  men- 


[1st  Sess.] 


Pkovestce  Laws. — 1768. 


1023 


tioned,"  made  in  the  fifth  jxar  of  his  present  majesty's  reign,  is  near 
expiring,  and  having  been  found  useful  and  beneficial, — 

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

That  the  act  aforesaid  be  continued,  with  all  and  every  article,  clause, 
matter  and  thing  therein  contained,  and  shall  be  in  force  until  the  last 
day  of  the  next  session  of  the  general  court,  and  no  longer.  [^Passed 
June  28  ;  published  June  30. 


The  act  con- 
tinued. 


CHAPTER    12. 

AN    ACT    FOR    BUILDING  AND  MAINTAINING    A    BRIDGE    OVER    THE 
GREAT  RIVER,  IN  WESTFIELD,  IN  THE   COUNTY  OF  HAMPSHIRE. 

"Whereas  a  bridge  over  the  great  river,  in  Westfield,  in  the  county  of 
Hampshire,  at  or  near  the  common  fording-place,  near  the  dwelling- 
house  of  William  Day,  upon  the  great  road  from  Springfield  to  West- 
field,  is  necessary,  as  well  for  the  inhabitants  of  the  other  towns  in  said 
county,  as  of  the  said  town  of  Westfield  ;  and  the  building  and  main- 
taining a  bridge  there  would  be  a  burthen  too  great  for  the  town  of 
Westfield,  considering  the  charges  the}'  have  already  laid  out,  and  must 
expend,  in  building  and  maintaining  many  other  bridges  in  said  town, — 
Be  it  enacted  by  the  Governor,  Council  and  House  of  Representatives, 
That  the  court  of  general  sessions  of  the  peace,  in  and  for  the  said 
county  of  Hampshire,  be  and  hereby  are  authorized  and  impowered  to 
build  and  maintain  a  cart-bridge,  sixteen  feet  wide,  across  the  great 
river,  in  said  Westfield,  at  or  near  the  fording-place  near  the  dwelling- 
house  of  William  Day,  upon  the  great  road  from  Springfield  to  West- 
field,  at  the  charge  of  the  said  county  of  Hampshire  ;  and  the  said  court 
of  general  sessions  of  the  peace,  for  said  county,  are  hereby  impowered, 
from  time  to  time,  to  assess  and  tax  the  inhabitants  of  the  several  towns 
and  districts,  in  said  county,  in  such  sum  and  sums  of  money  as  the 
said  court  shall  agree  upon  and  order,  for  the  building,  maintaining  and 
repairing  the  bridge  aforesaid  ;  which  sum  or  sums  so  ordered  at  any 
time  to  be  raised  for  the  purpose  aforesaid,  shall  be  added  to  each  town 
and  district's  county  tax,  in  proportion  as  they  severally  pay  to  the 
province  tax,  for  the  time  being,  and  be  paid  into  and  drawn  out  of  the 
county  treasury',  for  the  uses  and  purposes  aforesaid.  \_Passed  June 
30. 


Preamble, 

1764-65,  chap. 
23. 


Court  of  general 
sossiona  cin- 
powcreiV  to 
build  ami  main- 
tain a  bridge  at 
Wesllield, 


— and  to  tax  the 
several  towns 
in  the  county 
for  the  tsaiuu. 


CHAPTER    13. 

AN  ACT  TO  PREVENT  A  FAILURE  OF  JUSTICE,  BY  MEANS  OF 
OFFENDERS,  IN  ANY  OF  HIS  MAJESTY'S  COLONIES  ON  THIS  CONTI- 
NENT, ESCAPING  INTO  THIS  PROVINCE,  OR  FROM  ONE  COUNTY  IN 
THIS  PROVINCE  INTO  ANOTHER,  TO  AVOID  THE  PUNISHMENTS  OF 
THEIR  OFFENCES. 


Whereas  it  often  happens  that  persons  who  have  committed  criminal  Preamble, 
ofiences  in  other  of  his  majesty's  colonies,  before  they  can  be  appre- 
hended, flee  into  this  province,  and  by  that  means,  ihvo' \jig!i']  the 
diflSculty  and  dela}-  that  must  generally  attend  a  legal  arrest  of  such 
offenders  and  sending  them  back  for  a  proper  tr^'al,  do  escape  the  pun- 
ishment their  offences  justlj'  deserves  ;  for  preventing  whereof,  and  to 


102i 


Province  Laws. — 1768. 


[Chap.  14.] 


Justices  of  the 
peace  empow- 
orod  to  issue 
tl.eir  warrants 
against  offend- 
ers escaping 
from  otlier 
colonies : 


— may  commit 
or  convey  such 
offenders  to  the 
confines  of  an- 
other colony. 


Preamble. 


A  justice  of  the 
peace  may  act 
ill  the  same 
manner,  with 
respect  to 
offenders  escap- 
ing  from  another 
county. 


render  the  proceedings  in  such  cases  more  eas}',  legal  and  expeditious 
for  the  future, — 

Be  it  enacted  hy  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  when  and  so  often  as  any  criminal  offender  or 
offenders  in  any  other  of  his  majesty's  colonies,  shall  make  his  or  their 
escape  from  justice,  and  come  into  this  province,  and  any  proper  process 
shall  issue  against  such  person  or  persons  where  he  or  they  committed 
such  offence,  and  he  or  they  shall  be  pursued,  and  followed  into  this 
province,  it  shall  be  in  the  power  of  any  of  his  majesty's  justices  of  the 
l)eace  within  this  province,  in  their  respective  countieSy  on  application 
to  them  made,  to  issue  their  warrant  against  such  offender  or  offenders, 
that  they  may  be  brought  before  them,  or  some  other  of  his  majesty's 
justices  of  the  peace  for  said  county,  to  be  examined  thereon  ;  and  if 
they  shall  think  proper,  on  such  examination,  the}'  iii^y  ^"d  hereby  are 
impowered  to  commit,  or,  b}-  warrant  under  their  hands  and  seals, 
directed  to  the  sheriff  or  his  deputy,  or  the  constables  of  the  several 
towns,  as  may  be  necessar}-,  to  send  and  convey  such  offender  or 
offenders  to  the  confines  of  such  colony  from  whence  they  have  escaped, 
and  there  to  deliver  such  offender  to  some  proper  officer  in  such  colon}', 
that  the}'  may  be  holden  to  answer  for  such  offence  according  to  law, 
there ;  and,  where  it  shall  be  necessary,  such  offender  be  conveyed 
thro'[M{7/i]  several  counties  in  this  province,  in  order  for  his  being 
returned  to  the  colony  where  he  offended  as  afores  [at]  d,  every  of  his 
majesty's  justices  of  the  peace,  in  their  several  and  respective  counties, 
shall  be  and  they  are  hereby  impowered,  hy  warrant,  as  aforesaid,  to 
order  and  direct  the  conveyance  of  such  offender  thro'[w(7/<]  their  several 
counties,  towards  the  place  where  he  offended. 

And  for  the  furtherance  of  justice  in  the  most  easy  and  expeditious 
manner,  where  such  offenders  in  any  one  county  in  this  province  shall 
escape  into  any  other  county  in  the  same, — 

Be  it  farther  enacted, 

[Sect.  2.]  That  when  and  so  often  as  any  justice  of  the  peace  in 
any  county  within  this  province,  on  complaint  to  him  made,  shall  issue 
his  warrant  against  any  criminal  offender,  for  any  offence  committed  in 
such  county,  and  the  said  offender  shall  have  escaped  into  any  other 
county,  it  shall  be  in  the  power  of  any  justice  of  the  peace  in  such 
county  where  sucli  offender  is,  to  proceed  in  the  same  method,  in  appre- 
hending such  offender  and  sending  him  back  for  tryal  to  the  county 
from  whence  he  came,  as  in  the  case  aforesaid,  where  the  offender  shall 
have  come  from  another  colony.     [^Passed  June  30. 


CHAPTER    14. 

AX  ACT  FOR  SUPPLYING  THE  TREASURY  WITH  ONE  HUNDRED  THOU- 
SAND POUNDS,  TO  BE  APPLIED  FOR  THE  REDEMPTION  OF  GOV- 
ERNMENT SECURITIES  THAT  WILL  BECOME  DUE  IN  THE  YEAR 
OF   OUR  LORD   ONE  THOUSAND  SEVEN  HUNDRED  AND  SIXTY-NINE. 


Preamble.  Whereas,  ill  and  by  an  act  made  and  passed  in  the  seventh  year  of 

1-67-68,  chap.  7,  |jjg  majesty's  reigu,  intitled  "  An  Act  for  supplying  the  treasury  with 
the  sum  of  one  hundred  and  twenty-five  thousand  eight  hundred  and 
fifty  pounds,  to  be  applied  for  the  redemption  of  government  securities 
that  will  become  due  in  the  year  of  our  Lord  one  thousand  seven  hun- 
dred and  sixty-eiglit,"  among  other  things  it  is  enacted  that  a  tax  of 


[1st  Sess.] 


Pkovince  Laws. — 17G8. 


1025 


one  luindrcd  and  thirty-two  thousand  one  hundred  and  forty-two  pounds 
ten  shillings  he  levied  on  polls,  and  estates  both  real  and  personal 
within  this  province,  to  enable  the  treasurer  to  discharge  the  receipts 
and  obligations  that  will  become  due  in  June,  one  thousand  seven  hun- 
dred and  sixty-nine  ;  and  in  case  the  general  court  shall  omit  levying 
and  proportioning  such  tax  at  their  session  in  June,  seventeen  hundred 
and  sixt3'-eight,  the  treasurer  of  the  province,  by  the  act  aforesaid,  is 
directed  to  issue  and  send  forth  his  warrants,  directed  to  the  assessors 
or  selectmen  of  each  town  and  district  within  the  province,  requiring 
them  to  assess  the  polls,  and  estates  both  real  and  personal  within  their 
several  towns  and  distilcts,  for  their  respective  parts  and  proportions 
of  the  sums  before  directed  and  engaged  to  be  assessed  ;  cmd  ivhereas  it 
is  uncertain  whether  the  new  valuation  can  be  compleated,  so  thnt  a 
tax  can  be  levied  and  apportioned,  this  session  ;  and  this  court  looking 
uj^on  it  as  a  matter  of  the  last  importance  to  support  the  faith  and 
credit  of  the  government ;  and  as  the  possessors  of  the  government 
securities  that  will  become  due  in  June,  seventeen  hundred  and  sixty- 
nine,  are  willing  to  continue  their  money  upon  loan,  payable  at  a  fur- 
ther period  ;  therefore, — 

Be  it  enacted  h>j  the  Governor,  Council  and  House  of  Representa- 
tives, 

[Sect.  1.]  That  the  treasurer  be  and  he  herein- is  directed  not  to 
issue  forth  his  warrants  as  aforesaid  ;  and  that  he  be  and  he  hereby  is 
directed  and  [e][/]mpowered  to  borrow,  of  such  person  or  persons  as 
shall  appear  ready  to  lend  the  same."  from  time  to  time,  as  he  shall  have 
occasion  for  the  money,  a  sum  not  exceeding  one  hundred  thousand 
pounds,  in  mill'd  dollars  at  six  shillings  each,  or  in  the  several  species 
of  coined  silver  and  gold  enumerated  in  an  act,  made  and  passed  in  the 
twenty-third  year  of  his  late  majesty  King  George  the  Second,  inti- 
t[*t]led  *■'  An  Act  for  ascertaining  the  rates  at  which  coined  silver  and 
gold,  English  halfpence  and  farthings,  may  pass  within  the  govern- 
ment; "  and  the  sum  so  borrowed  shall  be  applied  as  in  this  act  is 
hereafter  directed  ;  and  for  the  said  sum  the  treasurer  shall  give  his  re- 
ceipt or  obligation  in  the  form  following  : — 

Province  of  the  INIassachusetts  Bay,  tlie  day  of  ,  A.D. 

Borrowed  and  received  of  the  sum  of  ,  for  the  use  and 

service  of  the  province  of  the  Massachusetts  Bay  ;  and,  in  belialf  of  said  prov- 
ince, I  do  promise  and  oblige  myself  and  successors  in  tlie  office  of  treasurer, 
to  repay  the  said  or  to  his  order,  the  twentieth  day  of  June,  one 

thousand  seven   hundred  and  seventy,   the   aforesaid   suui   of  ,  in 

Spanish  mill'd  dollars  at  six  shillings  each,  or  in  the  several  species  of  coined 
gold  and  silver  enumerated  in  an  act.  made  and  passed  in  tlie  twenty-third 
year  of  his  late  majesty  King  George  the  Second,  [i][e]ntit[u]led  "  An  Act  for 
ascertaining  the  rates  at  which  coined  silver  and  gold,  English  halfpence  and 
fai'tliings,  may  pass  within  tiie  goverument,"  and  according  to  the  rates 
therein  mentioned,  with  the  interest,  annually,  at  five  percent. 

Witness  my  hand.  H.  G.,  Treasurer. 

A.  B.,) 
C.  I).,  -  Committee. 

Provided,  yievertheless, — 

[Sect.  2.]  That  if  this  court  shall  levy  a  tax  this  3-ear,  to  be  paid 
into  the  treasury  for  any  part  of  said  sum  of  one  hundred  thousand 
pounds,  the  treasurer  io  hereby  directed  to  borrow  so  much  short  of 
what  he  is  otherwise  direct?d  to  borrow  b}'  virtue  of  this  act. 

And  he  it  further  enacted, 

[Sect.  3.]  That  the  treasurer,  in  issuing  said  receipts  and  obliga- 
tions, and  the  commiLt:?e  chosen  to  countersign  Ihem,  shall  observe  and 
be  governed  by  the  rules  and  directions  given  them  by  an  act  of  this 


Trcasui-y  sup. 
plied  with 
£100,000. 


1749-50,  chap. 
19. 


Form  of  the 

truasurei's 

notes. 


Treasurer  to 
ob.4erve  the 
directions  of 
the  act  of  the 


1026 


Province  Laws. — 1768. 


[Chap.  14.] 


second  of  his 
present  maiesty. 
1761-62,  chap. 
23. 


Money  hor- 
rowed,  to  bo 
applied  for  the 
redemption  of 
government 
securities. 


Tax  granted  for 
the  sum  bor- 
rowed, to  bo 
paid  into  tlie 
treasury,  31st 
Llarcb,  1770. 


£105,000 
granted,  to  be 
levied  as  shall 
be  agreed  on  in 
May,  1769. 


If  the  general 
court  shall  not 
then  agree  on 
a  tax,  the 
treasurer  is  to 
issue  his  war- 
rants agreeable 
to  the  last  pre- 
ceding tax  act. 


£32,140,  sur- 
plusage in  the 
treasury,  appro- 
priated 10  dis- 


province,  made  in  the  second  _year  of  his  present  majesty's  reign,  inti- 
t[M]led  "  An  Act  to  supply  the  treasury  with  the  sum  of  twenty- five 
thousand  pounds." 

And  he  it  further  enacted, 

[Sect.  4.]  That  the  said  sum  of  one  hundred  thousand  pounds, 
ordered  to  be  borrowed  by  this  act,  when  received  into  the  treasury, 
shall  be  applied  bj'  the  treasurer  for  the  redemption  of  government 
securities  that  will  become  due  in  June,  one  thousand  seven  hundred 
and  sixtj-nine. 

And  in  order  to  draw  said  mone}'  into  the  treasury  again,  and  enable 
the  treasurer  effectuall}'  to  discharge  the  receipts  and  obligations  (with 
the  interest  that  ma^'  be  due  thereon)  b}-  him  given  in  pursuance  of  this 
act,  we,  his  majesty's  most  dutiful  and  lo3al  subjects,  the  representa- 
tives of  the  province  of  the  Massachusetts  Ba}',  in  gi-eat  and  general 
court  assembled,  have  chearfully  given  and  granted  unto  his  most  ex- 
cellent majesty  a  tax  of  one  hundred  and  five  thousand  pounds,  to  be 
levied  on  polls,  and  estates  both  real  and  personal  within  the  province, 
according  to  such  rules,  and  in  such  proportions  on  the  several  towns 
and  districts  within  this  province,  as  shall  be  agreed  on  and  ordered  by 
the  great  and  general  court  or  assemblj-  at  their  session  in  Ma}',  one 
thousand  seven  hundred  and  sixty-nine,  and  to  be  paid  into  the  pub- 
lic [k]  treasury  on  or  before  the  thirty-first  day  of  March,  one  thousand 
seven  hundred  and  seventy;  and  pra}'  that  it  may  be  enacted, — 

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

[Sfxt.  .5.]  That  there  be  and  hereb}'  is  granted  unto  his  most 
excellent  majesty  the  sum  of  one  hundred  and  five  thousand  pounds, 
to  be  accordingly  levied  on  polls,  and  estates  both  real  and  personal, 
within  the  province,  according  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  May,  one  thousand  seven  hundred  and  sixt^-nine. 

And  be  it  farther  enacted, 

[Sect.  6.]  That  if  the  general  court,  at  their  session  in  May,  one 
thousand  seven  hundred  and  sixt3'-nine,  and  some  time  before  the 
twentieth  day  of  June  in  said  .year,  shall  not  agree  and  conclude  upon 
an  act  apportioning  the  sums  which  b}-  this  act  are  engaged  to  be  paid 
in  said  year,  apportioned,  assessed  and  levied,  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 
limits,  the  same  proportion  of  the  said  sum  as  the  said  towns  and 
districts  were  taxed  b}'  the  general  court  in  the  tax  act  then  last 
preceeding. 

[Sect.  7.]  And  the  province  treasurer  is  hereby  [e][i3mpowered 
and  directed,  some  time  in  the  month  of  June,  in  the  same  3'ear,  one 
thousand  seven  hundred  and  sixt^'-nine,  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  parts  and  proportions  of  the  sums  before  directed 
and  engaged  to  be  assessed,  to  be  paid  into  the  treasuiy  at  or  before  the 
aforementioned  time  ;  and  the  assessors,  as  also  persons  assessed,  shall 
observe,  be  governed  bv,  and  subject  to,  all  such  rules  and  directions 
as  shall  have  been  given  in  the  then  last  preceeding  tax  act. 

And  he  it  farther  enacted, 

[Sect.  8.]  That  the  treasurer  be  and  he  hereby  is  directed  to 
api)ly  thirty-two  thousand  one  hundred  and  fort3'-two  pounds  ten 
shillings,  of  the  surplusage  that  will  be  in  the  treasuiy  in  June  next,  for 


[1st  Sess.] 


Province  Laws. — 1768. 


1027 


the  redemption  of  the  notes  that  will  then  become  due,  which,  with  the  charge  govem- 
sura  he  is  ordered  to  borrow  by  virtue  of  this  act,  will  be  sufficient  to  "^eutBecurities. 
redeem  them.     [^Passed  and  piihUshed  June  30. 


CHAPTER    15. 

AN  ACT  TO  ENABLE  THE  INHABITANTS  OF  LENOX  IN  THE  COUNTY 
OF  BERKSHIRE,  WITH  OTHER  PROPRIETORS  OF  LANDS  THERE,  TO 
RAISE  TAXES  ON  THE  LANDS  THERE,  FOR  BRINGING  FORWARD 
THE  SETTLEMENT  OF  THE  SAID  LANDS,  AND  FOR  OTHER  PUBLIC 
PURPOSES  FOR  THE  BENEFIT  OF  SAID  DISTRICT;  AND  ALSO  TO 
INFORCE  THE  PAYMENT  OF  SUCH  TAXES  AS  HAVE  BEEN  GRANTED 
BY  THE  INHABITANTS  OF  RICHMONT  IN  SAID  COUNTY,  AND  ARE 
NOT  COLLECTED. 


Whereas  b}^  one  law  of  this  province,  made  and  passed  in  the  fourth 
_year  of  his  present  majest3''s  reign,  intitled  "  An  Act  to  enable  the  pro- 
prietors of  the  plantation  called  Yokum  Town  and  Mount  Ephraim,  in 
the  county  of  Berkshire,  to  grant  taxes  on  their  lands,  and  bring  for- 
ward the  settlement  of  said  plantation,"  it  is  enacted,  that  the  purchasers 
of  said  plantation  of  Yokum  Town  and  of  Mount  Ephraim  shall  be  and 
accordingly  are  incorporated  into  one  distinct  propriet}',  and  are  vested 
with  the  same  powers  and  privile[d]ges  as,  b}'  the  laws  of  this  province, 
proprietors  in  common  are  vested  with,  so  far  as  is  necessary  for  the 
calling  meetings,  granting  taxes  upon  the  lands  of  the  said  purchasers 
in  said  plantation,  assessing,  collecting  and  disposing  of  the  monies  so 
raised,  laying  out,  making  and  repairing  necessar}'  wa^ys,  and  for  the 
carrj'ing  forward  the  settlement  of  the  said  plantation  agre[e]able 
to  the  order  of  the  general  court ;  and  whereas,  afterwards,  the  said  new- 
plantation  was,  by  another  law  of  this  province,  incorporated  into  a 
town  by  the  name  of  Richmont,  and,  hy  the  same  law,  it  was  provided 
and  enacted  that  all  taxes  to  be  raised  within  said  town  for  the  settling 
a  minister,  building  a  meeting-house  or  meeting-houses,  laying  out, 
making  or  repairing  roads,  be  levied  upon  the  several  proprietors  of 
said  plantation,  according  to  their  interest,  agre[e]able  to  the  act 
first  aforesaid,  until  the  further  order  of  the  general  court ;  and 
whereas  sundry  taxes  have  been  agreed  upon  and  assessed,  agre[e]able 
to  the  act  aforesaid,  and  for  the  purposes  aforesaid,  on  the  proprietors 
of  lands  in  said  Richmont,  part  of  which  remains  uncollected,  and  the 
same  cannot  be  collected  without  the  further  aid  of  the  general  court, — 

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

[Sect.  1.]  That  the  lands  in  said  Richmont,  of  the  several  pro- 
prietors there  assessed  as  aforesaid  who  have  not  paid  their  respective 
proportion [s]  of  such  assessments,  shall  be  subject  to  the  payment 
thereof,  and  to  sale  therefor,  by  the  assessors  there  who  made  such 
assessments,  in  the  same  manner  as  the  lands  of  proprietors  in  new 
plantations  were  liable  to  be  sold  b}-  virtue  of  an  act  made  in  the  second 
year  of  his  present  majest^-'s  reign,  intitled  "An  Act  to  subject  the 
unimproved  lands,  within  this  province,  to  be  sold  for  the  payment  of 
taxes  assessed  on  them  b}'  order  of  the  great  and  general  court,  and 
votes  and  agreements  of  the  proprietors  thereof,  and  to  enable  proprie- 
tors to  lev}'  province  and  county  taxes  laid  on  them." 

And  whereas,  since  the  making  such  assessments  as  aforesaid,  the 
easterly  part  of  said  Richmont  hath,  b}'  one  law  of  this  province,  made 
in  the  seventh  year  of  his  present  majesty's  reign,  been  incorporated 


Preamble. 
1763-64,  chap. 
24,  §  1. 


1765-66,  chap. 
16,  §  2. 


Lands  in  Rich- 
mont  subject  to 
taxes  as  in  new 
plantations. 


1761-62,  chap. 
44. 


Preamble. 
1766-67,  chap. 
11. 


1028 


Peo^tince  Laws. — 1768. 


[Chap.  16.] 


Taxes  in  Lenox 
to  be  assessed 
on  propiiotors 
according  to 
Iheir  interest. 


Nonresident 
proprietors 
allowed  to  vote 
in  granting 
taxes. 

1712-13,  chap.  9. 


Lands  to  be 
eold  in  case  of 
neglect  to  pay 
euch  taxes. 


into  a  district  by  the  name  of  Lenox,  and,  from  the  consideration  of 
the  pecLiUar  circumstances  of  the  said  district,  it  appears  reasonable  and 
necessary  that,  for  the  present,  the  taxes  that  may  be  raised  there  for 
settling  a  minister,  building. a  meeting-house,  la3'ing  out,  making  and 
repairing  highways,  be  levied  upon  the  several  proprietors  of  said 
district,  according  to  their  interest  in  the  lands  there, — 

Be  it  therefore  enacted^ 

[►Sect.  2.]  That  all  taxes  that  shall  be  voted  and  agreed  upon  in 
the  said  district,  for  settling  a  minister,  building  a  meeting-house,  la}'- 
ing  out,  making  or  repairing  highways,  shall  be  assessed  upon  the 
several  proprietors  of  those  lands,  according  to  their  interest  in  the 
lands  there,  until  this  court  shall  otherwise  order  ;  and  that  the  several 
[u-oprietors  of  lands  in  said  district,  whether  resident  in  said  district  or 
not,  shall  have  equal  right,  according  to  their  interest  thei-ein,  to  vote 
in  the  granting  and  raising  such  taxes ;  and  that  the  same  shall  be 
granted  at  meetings  of  the  said  proprietors,  to  be  called  agre[e]able  to 
the  directions  of  an  act  of  this  province,  made  in  the  twelfth  year  of  the 
reign  of  her  late  majest}'  Queen  Ann,  intitled  "  An  Act  directing  how 
meetings  of  proprietors  of  lands  lying  in  common  ma}'  be  called  ;  "  and 
that,  in  case  any  such  proprietor  shall  neglect  or  refuse  to  pay  his  pro- 
portion of  any  such  tax  so  set  on  him  as  aforesaid,  the  same  shall  be 
levied  by  the  sale  of  his  lands  there,  by  the  assessors,  according  to  the 
directions  and  in  such  manner  as  is  prescribed  in  the  act  aforesaid, 
made  in  the  second  year  of  his  present  majesty's  reign  ;  and  that  all 
sales  of  such  delinquent  proprietor's  lands,  for  such  taxes,  agre[e]able 
to  the  rules  in  said  act  prescribed,  shall  be  good  and  valid  to  all  intents 
and  purposes  whatsoever.      \_P(issed  Jane  30. 


CHAPTEK    16. 

AN  ACT  FOR  ERECTING  THE  NEW  PLANTATION  CALLED  NUMBER 
THREE,  IN  THE  COUNTY  OF  HAMPSHIRE,  INTO  A  TOWN  BY  THE 
NAME  OF  WORTHINGTON. 


Bounds  of  the 
town  of 
AVortbington. 


Preamble.  Whekeas  the  erecting  the  new  plantation  called  Number  Three,  in  the 

county  of  Hampshire,  into  a  town,  will  greatly  encourage  and  forward 
the  further  settlement  thereof,  and  remove  many  difficulties  the  inhab- 
itants already  settled  there  at  present  labour  under, — 

Be  it  tlierf'fure  enacted  by  the  Governor,  Council  and  House  of 
Repref^entatioes, 

[Sect.  1.]  That  the  new  plantation  called  Number  Three,  in  the 
county  of  Hampshire,  bounding,  easterly,  on  Chesterfield  ;  southerh', 
partly  on  Murrayfield,  and  partly  on  Becket ;  westerl}',  parti}'  on  a  new 
township  called  Hartwood,  and  partly  on  the  new  township  number 
two  ;  northerly,  on  the  new  township  number  five, — being  the  township, 
which,  by  a  committee  of  this  court,  was,  in  the  year  one  thousand  seven 
hundred  and  sixty-two,  sold  at  public [k]  A'endue  to  Aaron  Willard, 
Esq"^"^^.,  in  behalf  of  himself  and  others, — be  and  hereby  is  made  a  town 
by  the  name  of  AVorthington  ;  and  the  inhabitants  thereof  are  hereby 
invested  wdth  all  the  powers,  privileges  and  immunities  that  the  inhab- 
itants of  other  towns  within  this  province  enjoy. 

Preamble.  And  whereas  the  said  Aaron  Willard,  Esq^.,  purchased  the  lands 

of  the  said  township  from  the  province,  for  himself  and  John  Worthing- 
ton,  Josiah  Dwight,  Timothy  Dwight,  jun'r.,  and  Salah  Barnard, 
Esqrs.,  to  hold  the  same  in  the  following  proportion  ;  viz''^.,  the  said 


[1st  Sess.] 


Pkovince  Laws. — 1768. 


1029 


John,  Josiah,  Timotlij'  and  Aaron  to  hold  each  one-sixth  part  thereof, 
and  the  said  8alah  one-third  part  thereof;  and,  by  deeds  between  them- 
selves mntualh'  executed,  settled  the  same  among  tlieraselves  in  that 
proportion,  exceptino;  three  pnblick  rights,  or  sixty  third  parts,  and 
one  right,  or  sixt3'-third  part  thereof  by  them  first  sold  and  conveyed 

to  one Clap;  and  the  said  purchasers  afterwards  surveyed  and  laid 

out  great  part  of  the  said  lands  into  hundred-acre  lot[t]s  ;  and,  in  their 
meetings,  as  proprietors,  have  divided  the  greater  part  thereof  among 
themselves,  to  hold  the  same  in  severalty  ;  and,  in  order  to  bring  for- 
ward and  comple[a]t[ff]  the  settlement  of  the  same  lands,  and  for  the 
fulfil  [1]  me nt  and  performance  of  the  conditions  of  the  grant  thereof, 
the  said  purchasers  have,  each  of  them,  been  disposing  and  conveying 
such  hundred-acre  lot[t]s  to  persons  who  have  engaged  to  settle 
thereon,  and  have  covenanted  with  said  original  purchasers  respectively, 
to  do  the  duties  of  settlers,  and  to  pay  certain  proportions  ;  viz^''.,  each 
a  sixtieth  part  of  the  cost  and  charge  of  building  a  meeting-liouse,  and 
settling  a  minister  there, — 

Be  it  enacted^ 

[Sect.  2.]  That  the  inhabitants  of  said  town,  such  of  them  as  have 
undertaken  to  settle  such  rights  and  to  contribute  any  part  or  propor- 
tion towards  the  building  a  meeting-house  and  settling  a  minister,  as 
aforesaid,  together  with  such  of  the  original  purchasers  of  said  lands 
who  have  not  engaged  a  sufficient  number  of  settlers  in  proportion  to 
their  original  share  in  said  town,  be  and  they  are  hereby  [e][i]mpow- 
ered,  at  a  meeting  to  be  called  for  that  purpose,  agre[e]able  to  the  direc- 
tions of  an  act  of  this  province  made  in  the  twelfth  3ear  of  the  reign 
of  her  late  majesty  Queen  Ann[e],  intitled  "An  Act  directing  how 
meetings  of  proprietors  of  lands  lying  in  common  ma}-  be  called,"  to 
chuse  a  clerk,  treasurer,  assessors  and  collectors,  and  any  other  officer 
or  officers  that  proprietors  of  common  lands  may  ch[oo][i<]se,  the  votes 
alwaj's  to  be  collected  according  to  the  interest ;  and  at  such  meeting, 
or  at  any  future  meeting  called  agre[e]able  to  the  directions  of  the  act 
aforesaid,  may  agree  upon  and  grant  any  sum  or  sums  of  money  the}' 
may  think  proper,  for  any  or  either  of  the  purposes  aforesaid,  to  be 
assessed  on  the  several  original  purchasers,  o'r  their  assignees,  of  the 
lands  there  as  aforesaid,  according  to  their  several  interests  therein,  and 
the  contract  and  obligations  they  have  made  thereabout. 

And  to  the  end  that  the  proportions  of  the  several  purchasers  afore- 
said, in  said  lands,  and  the  assignees  to  whom  they  have  respectiveh' 
com'ej'ed  an}-  part  of  the  same,  under  contract  of  doing  any  share  of 
the  settling-cluties  aforesaid,  may  be  the  better  known  in  said  town, — 

Be  it  enacted, 

[Sect.  3.]  That  each  and  every  of  the  original  proprietors  afore- 
said, shall  file  with  the  clerk  of  the  said  town,  within  three  months  after 
his  choice  and  acceptance  of  said  office,  an  account  of  his  original  share 
in  said  township,  and  a  list  of  the  names  of  the  several  persons  to  Avhom 
he  has  conveyed  any  part  of  his  lands  there,  under  contract  of  doing  any 
settling-duties  there,  with  account  of  what  proportion  of  such  duties 
each  assignee  has  engaged  to  perform ;  and  that  such  list  and  account 
shall  be  the  rule  by  which  the  assessors  shall  proceed  in  making  such 
assessments  against  any  persons  as  assignees  of  said  original  purchasers  ; 
and  if  any  of  such  original  purchasers  shall  not  make  return  to  such 
clerk,  of  such  a  number  of  assignees  engaged  to  do  and  perform  such 
duties  of  settlement  as  shall  be  his  proportion  of  duties  according  to 
his  share  of  said  lands  there,  the  assessors  shall  assess  what  remains  on 
his  own  lands,  'till  such  original  purchasers  shall  make  further  return 
to  such  clerk,  of  any  other  or  new  assignee  of  any  of  his  lands  who 
shall  have  engaged  the  performance  of  any  part  of  his  duty  of  settle- 


inhabitants  and 

original  pur- 
chasers em- 
powered to 
choose  officers, 


1712-13,  chap.  9. 


— and  to  grant 
money. 


Preamble. 


Original  pro- 
prietor to  file 
with  the  clerk 
a  list,  of  the 
persons  he  has 
agreed  with  as 
settlers,  to  regu- 
late the  assess- 
ors in  making 
assessments. 


1030 


PEOvmcE  Laws. — 1768. 


[Chap.  17.] 


Lands  subject 
to  be  sold  for 
payment  of 
taxes. 


1761-62,  chap. 
44. 


Preamble. 


Penalty  on  ori- 
ginal purchasers 
for  returning  a 
false  list. 


Israel  'Williaais, 
Esq.,  empow- 
ered to  call  a 
meeting  of  the 
inhabitants. 


ment;  in  which  case  such  part  shall  for  the  future  be  set  upon  such 
assignee. 

And  be  it  further  enacted, 

[Sect.  4.]  That  if  any  such  original  purchaser,  or  an}^  of  their 
assignees,  shall  refuse  or  neglect  to  pa}-  any  taxes  that  may  be  set  on 
them  or  their  lands  agre[e]able  to  this  act,  for  either  of  the  purposes 
aforesaid,  the  assessors,  of  such  taxes  that  shall  be  from  time  to  time, 
shall  be  and  hereb}'  are  [e][i]mpowered  to  make  sale  of  any  such  de- 
linquent's lands  there,  for  the  payment  thereof,  the}'  conforming  therein 
to  the  directions  and  regulations  specified  and  contained  in  an  act  of 
this  province,  that  was  made  in  the  second  j'ear  of  his  present  majesty's 
reign,  intitled  "  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  agreements  of  the  proprie- 
tors thereof,  and  to  enable  proprietors  of  new  plantations  to  levy 
province  and  county  taxes  laid  upon  them." 

And  to  prevent  any  injustice  to  any  of  the  inhabitants  of  the  said 
town,  or  other  proprietors  of  lands  there,  by  means  of  any  false  re- 
turn against  him,  by  any  original  purchaser,  as  his  assignee,  liable  and 
subject,  by  contract,  to  do  any  duty  of  settlement  which  he  has  not 
undertaken,  and  thereby  being  subjected  to  an  unreasonable  assess- 
ment upon  him  in  consequence  of  such  false  return, — 

Be  it  enacted, 

[Sect.  5.]  That  if  any  such  original  purchaser  shall  fals[e]ly  re- 
turn anj'  person  as  his  assignee  of  any  lands  in  said  town,  and  as  liable 
and  engaged  to  do  an}'  duty  of  settlement  on  his  behalf,  which  such 
person  is  not  liable  or  engaged  to  perform,  and  such  person  shall,  by 
means  thereof,  be  subjected  to  any  unjust  assessment,  against  the  true 
design  of  this  act,  and  shall  actually  suffer  an}'  loss  or  damage  thereb}', 
he  shall  be  and  is  hereby  intitled  to  treble  the  damages  he  shall  so 
suffer,  to  be  recovered,  with  costs,  against  such  original  purchasers,  by 
action  of  debt,  to  be  brought  by  virtue  of  this  act. 

And  be  it  further  enacted, 

[Sect.  6.]  That  Israel  Williams,  Esq"^'^.,  be  and  hereby  is  [e][i]ni- 
powered  to  issue  his  warrant,  directed  to  some  principal  inhabitant  of 
said  town,  requiring  him  to  call  a  meeting  of  said  inhabitants,  in  order 
to  chuse  such  officers  as,  by  law,  towns  are  [e]  [ijmpowered  to  chuse 
in  the  month  of  March,  annuall}'.     [^Passed  and  published  June  30. 


CHAPTER    17. 

AN  ACT  TO  ESTABLISH  A  TOLL  ON  THE  GREAT  BRIDGE  BUILT  OVER 
THE  RIVER  PARKER,  IN  THE  TOWN  OF  NEWBURY,  IN  THE  COUNTY 

OF  ESSEX. 


Preamble.' 
1750-51,  chap. 
14. 


A  toll-gatherer, 


Whereas  the  bridge  some  time  since  built  over  the  river  Parker,  in 
the  town  of  Newbury,  for  the  building  of  which  a  lottery  was  granted 
by  this  province,  has  been  found  of  great  utilit}'  to  the  public[k],  and 
the  same  being  now  in  a  considerable  measure  worn  and  decaj'ed,  the 
managers  of  the  last  lottery  having  also  advanced  a  considerable  sum 
over  and  above  what  was  raised  by  lottery,  towards  building  the  said 
bridge  ;  for  [the]  reimbursing  the  said  money,  and  for  repairing  [of] 
[i/te]  said  bridge,  no  provision  is  yet  made, — 

Be  it  therefore  enacted  by  the  Governor,  Council  and  Honse  of 
Mepresentatives, 

[Sect.  1.]     That  there  be  a  gate  erected  as  soon  as  ma}-  be,  and  a 


[1st  Sess.] 


Province  Laws. — 1768. 


1031 


person  appointed  to  attend  the  same,  and  to  receive,  of  all  persons 
passing  over  tlie  said  bridge,  the  several  fees  or  rates  hereafter  ex- 
pressed, which  every  passenger  is  required  to  pay  before  they  have 
liberty  to  pass  the  same  ;  that  is  to  say,  for  ever}-  foot-man  who  shall 
pass  the  said  bridge,  the  sum  of  two-thirds  of  a  penny ;  for  every  man 
and  horse,  the  sum  of  twopence ;  for  everj-  two-wheel  chaise,  cliair  or 
sleigh,  and  horse,  with  the  travellers  therein,  the  sum  of  fourpence ; 
for  every  four-wheel  carriage,  including  passengers,  the  sum  of  eight- 
pence  ;  for  every  man  with  team,  cart  or  sled,  the  sum  of  sixpence  ; 
for  all  horse-kind  or  neat  cattle,  the  sum  of  two-thirds  of  a  penny  per 
head  ;  and  for  sheep  or  swine,  the  sum  of  fourpence  per  score  :  and  so, 
in  proportion,  for  a  greater  or  less  number ;  and  no  more. 

And  be  it  farther  enacted, 

[Sect.  2.]  That  the  court  of  general  sessions  of  the  peace  for  the 
county  of  Essex,  be  and  hereby  are  empowered  to  appoint  some  suita- 
ble person,  who  shall  give  securitj-  for  the  faithful  performance  of  his 
dut}^  and  attendance  at  said  bridge  ;  and  the  said  person  so  appointed 
shall  faithfull}'  attend  his  duty,  and  at  all  times  be  ready,  between  the 
hours  of  five  of  the  clock  in  the  morning  and  nine  in  the  evening,  to 
admit  anj'  person  to  pass  the  said  bridge,  under  the  penalty  of  twenty 
shillings  for  any  neglect ;  and  in  case  he  shall  not  be  present  to  admit 
persons  to  pass  the  bridge,  between  the  hours  of  nine  in  the  evening 
and  five  in  the  morning,  he  shall  leave  the  passage  free  and  open  ;  and 
said  passage  shall  also  be  kept  open  and  free  for  all  persons  travelling 
to  or  from  the  place  or  places  of  publick  worship  on  Lord's  da^-s. 

And  be  it  further  enacted, 

[Sect.  3.]  That  the  said  court  of  general  sessions  of  the  peace  be 
and  are  hereby  [e][i]mpowered  to  appoint  one  or  more  trustees  to 
receive  of  the  keeper  of  the  said  bridge  the  money  he  shall  collect,  and 
therewith  repair  the  said  bridge  as  shall,  from  time  to  time,  be  found 
necessar}',  or  as  the  said  court  of  general  sessions  of  the  peace  shall 
oi'der  and  direct ;  the  said  trustees  are  also  directed,  as  soon  as  money 
sofficient  therefor  is  collected,  to  raise  the  arch  northward  of  the  Little 
Island,  so  called,  over  which  the  bridge  runs,  three  feet  and  an-half,  or 
four  feet,  higher  than  it  is  a,t  present,  that  so  boats  laded  with  hay  may 
pass  under  the  same  with  greater  convenience  ;  as  also,  for  such  repairs 
as  maj^  be  found  necessary. 

And  be  it  further  enacted, 

[Sect.  4.]  That  the  said  trustee  or  trustees  be  directed  to  pay  unto 
Daniel  Farnham  and  William  Atkins,  Esqrs.,  the  sums  they  have 
respective!}^  advanced  towards  building  the  said  bridge,  they  having 
first  adjusted  and  settled  their  accounts  with  the  general  court  of  this 
province,  and  obtained  an  order  from  said  court  for  the  ballances  due 
to  them  respectivel}' ;  and  the  keeper  of  the  said  bridge  is  hereby 
required,  upon  oath,  when  and  as  often  as  demanded,  to  exhibit  an 
account  of  all  the  monies  he  shall,  from  time  to  time,  receive  b}'  the 
above  toll,  and  pay  the  same  to  the  aforesaid  trustee  or  trustees,  for 
the  purposes  aforesaid,  under  the  penalty  of  fifty  pounds  for  every 
neglect  or  refusal. 

And  be  it  further  enacted, 

[Sect.  5.]  That  the  trustees  appointed  as  aforesaid,  their  heirs  and 
assign[e]s,  shall  keep  and  exhibit  to  the  said  court  of  general  sessions 
of  the  peace,  and  also  to  this  court,  when  required,  an  account  of  all 
monies  received  by  toll,  by  virtue  of  this  act,  and  an  account  of  the 
expences  of  repairing  and  amending  the  said  bridge. 

And  be  it  further  enacted, 

[Sect.  6.]  That  if  the  keeper  of  the  said  bridge  shall,  at  anj'  time, 
demand  and  receive  a  greater  toll  than  is  allowed  by  this  act,  he  shall 
for  every  such  offence  be  subject  to  the  penalty  of  twenty  shillings. 


or  keeper  of  the 
bridge,  to  be 
appointed. 


Rates  of  the 
toll. 


Court  of  ses- 
sions to  appoint 
a  person  to 
gather  the  toll. 


Time  he  shall 
attend. 


Trustees  to  be 
appointed : 


^who  are  to 
raise  one  of  tho 
arches : 


— and  to  pay 
the  balances 
due  to  Daniel 
Farnham  and 
William  Atkins, 
Esqrs. 


Keeper  of  tho 
bridge,  to  exhib- 
it accounts  and 
pay  to  the 
trustee. 


Trustee  to  ac- 
count to  the 
court  of  general 
sessions,  and  to 
the  general 
court. 


Penalty  for  ex- 
acting more 
than  the  rato 
specifled. 


1032 


Pkovince  Laws. — 1768. 


[Chap.  18.] 


Forfeitures, 
how  to  be 
disposed  of. 


[Sect.  7.]  And  all  penalties  and  forfeitures  arising  by  virtue  of 
this  act,  or  any  clause  therein,  shall  be  disposed  of  in  the  manner 
following ;  viz^.,  one  half  to  and  for  the  use  of  this  government,  to  be 
paid  into  the  province  treasuiy,  and  the  other  half  to  him  or  them  that 
shall  sue  for  the  same  in  an}'  of  his  majesty's  inferior  courts  of  common 
pleas,  or  before  any  justice  of  the  peace  when  the  said  penalty  doth 
not  exceed  the  sum  of  fort}'  shillings. 

[Sect.  8.]  This  act  to  continue  and  be  in  force  for  the  space  of 
ten  years,  and  no  longer.      [^Passed  and  jyublished  June  30. 


CHAPTEE    18. 


Preamble. 
1764-65,  chap. 
30. 


The  act  con- 
tinued. 


AN  ACT  TO  REVIVE  AND  CONTINUE  AN  ACT  MADE  IN  THE  FIFTH 
YEAR  OF  HIS  PRESENT  MAJESTY'S  REIGN,  INTITLED  "AN  ACT  FOR 
ALLOWING  NECESSARY  SUPPLIES  TO  THE  EASTERN  INDIANS,  AND 
FOR  REGULATING  TRADE  WITH  THEM,  AND  PREVENTING  ABUSES 
THEREIN,"   WHICH   IS   NEAR  EXPIRING. 

Whereas  the  aforementioned  act  is  found  by  experience  very  bene- 
ficial for  regulating  the  trade  with  the  eastern  Indians, — 

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

That  an  act,  intitled  "  An  Act  for  allowing  necessary  supplies  to  the 
eastern  Indians,  and  for  regulating  trade  with  them,  and  for  preventing 
abuses  therein,"  made  in  the  fifth  year  of  his  present  majesty's  reign, 
in  all  and  every  article  and  clause,  matter  and  thing,  be  and  hereb}'  is 
revived,  and  shall  be  in  force  until  the  thirtieth  day  of  June,  which  will 
be  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  sixty-nine. 
\_Passed  and  published  Jane  30. 


Notes. — But  one  session  of  the  General  Court  was  held  this  year.  The  House 
of  Representatives  of  tlie  previous  year  issued  a  circular  letter  to  the  sister  houses  of 
representatives,  and  of  burgesses,  in  America,  explaining  tlie  jiosition  of  tlie  House 
on  the  question  of  the  relations  of  the  colonies  to  Great  Britain,  respecting  the 
authority  of  parliament,  with  the  professed  purpose  of  insuring  harmonious  action  by 
the  colonies  in  their  assertion  of  their  rights  as  against  tlie  encroachments  of  parlia- 
ment and  of  the  ministry.  The  Governor,  at  this  session,  acting  under  instructions 
from  the  Earl  of  Hillsborough,  the  newly  appointed  secretary  of  state  for  American 
affairs,  demanded  a  rescission  of  the  vote  authorizing  the  circular,  which  being  re- 
fused in  the  House,  by  a  vote  of  !)2  to  17,  he,  on  the  first  day  of  July,  in  pursuance 
of  his  instructions,  dissolved  the  Assembly,  by  proclamation,  after  having,  the  day 
before,  prorogued  it  to  the  third  of  August. 

AH  the  acts  of  this  year  were  printed;  and  the  engrossments  of  all  are  preserved. 

No  certificate  for  transmitting  these  acts  has  been  found;  but  the  letter  of  Secre- 
tary Oliver  accompanying  tlieni,  and  bearing  date  August  31,  17(j8,  was  laid  before 
the  Lords  of  Trade  on  the  24th  of  October  following. 

No  record  of  further  action  on  these  acts  has  been  discovered  except  what  appears 
in  the  note  to  chapter  5,  post,  and  in  the  report  of  Richanl  Jackson,  dated  January 
24,  1771,  showing  that  chaiiter  i;>  liad  been  referred  to  him  by  the  Lords  of  Trade  for 
his  opinion  thereon  in  point  of  law,  and  in  the  minutes  of  the  Lords  of  Trade  of 
January  oO,  1771,  showing  that  the  draught  of  a  new  instruction  to  the  Governor 
of  the  province  was  ordered  to  be  prejiared,  upon  consideration  of  Mr.  Jackson's 
report.    See  note  to  1709-70,  chapter  1. 

Chap.  1.  This  is  the  last  instance  of  the  passage  of  an  act  granting  an  allowance, 
from  the  province  treasury,  to  a  governor  appointed  by  the  Crown.  The  repeal  of 
the  Stamp  Act  had  removed  the  grounds  upon  which  it  was  proposed  to  grant  sal- 
aries from  the  imperial  treasury  to  the  api>ointees  of  the  Crown;  and  the  annual 
grants  by  the  province  had  continued,  without  interruption,  until  the  close  of 
Bernard's  administration. — See  note  to  nfiS-Gli,  chap.  1,  post. 

Bernard,  by  whose  recall  the  command-in-chief  devolved  upon  Hutchinson,  being 
about  to  be  absent  from  the  province  by  the  royal  jiermission,  and,  as  ho  claimed, 
with  the  prospect  of  returning,  asked,  during  the  first  session  of  the  Assembly,  for 
the  year  17t)!t,  for  an  allowance,  as  usual,  which,  according  to  his  instructions, 
would,  during  his  absence,  be  divided  between  himself  and  the  Lieutcnant-Gov- 


[Notes.]  Province  Laws.— 1768.  1033 

ernor;  hut  the  House,  having,  nnaniinonsly,  agreed  upon  a  petition  for  his  rcraoval 
from  office,  were  in  no  mood  to  comply  with  this  request,  especially  as  they  had  no 
assurance  of  his  being  continued  in  the  office  after  the  lirst  of  the  ensuing  month  of 
August,  uji  to  which  time  liis  services  had  been  paid  for,  in  the  grant  of  the  previous 
year.  Hutcliinson  received  one  grant  (17()il-70,  ehaj').  8)  for  his.  services  as  lieutenant- 
governor  after  Bernard's  dejiarture;  Init  two  subseciuent  grants  to  liim,  in  that 
capacity,  one  of  £o25  and  the  otlier  £50(i,  and  two  other  bills  passed  after  he  received 
his  conlmissiou  as  governor — each  making  the  usual  grant  of  £i;>00— failed  to  receive 
his  assent,  he  having  secretlj'  received  advices  that  "  certain  and  adeqnate"provisiou 
for  the  support  of  the  civil  government  "  in  the  colonies,  had  been  deemed  expe- 
dient to  be  made  by  jiariiament. 

Chap.  2.  "  Jan.  26, 17G2.  A  Petition  of  William  Eastman  and  Eleazer  Nash  in 
behalf  of  a  Number  of  the  Inhalntants  of  South  Hadley  representing  their  great 
difficulties  and  divisions  about  the  place  for  their  Meeting  House,  and  Praying  for 
the  Interposition  of  this  Court. 

In  the  House  of  Rejn-esentatives;  Read  and  Ordered  That  Col"  Clapp,  Cap' 
Cheever,  Major  Cushing,  Colo  Murray  and  Colonel  Gerrish  with  such  as  the  hon- 
ourable Board  shall  join  be  a  Committee  to  take  this  Petition  and  all  other  Papers 
accompanying  it  under  consideration,  hear  the  Parties  and  make  report.  In  Council 
Read  and  Concurred  and  Samuel  Watts,  Richard  Cutt  and  James  Russell  Esqi's  are 
joined  in  the  Affair." — Council  Records,  vol.  XXIV.,  p.  20o. 

"  Feb.  20,  17(J2.  In  the  Honse  of  Representatives  Voted  That  the  Eastward  part 
of  the  District  of  South  Hadley  viz'  beginning  at  Springfield  Line  where  Stony 
Brook  enters  South  Hadley  and  runs  with  said  Brook,  tdl  it  comes  within  fifty  rods 
of  the  middle  of  the  Bridge  over  said  Brook  in  the  Road  leading  from  the  Old 
meeting  house  to  Joseph  Kellogs  &  from  thence  North  six  degrees  and  a  half  West 
to  the  North  line  of  said  Distri(!t  be,  and  hereby  is  erected  into  a  distinct  and 
seperate  Parish;  and  that  the  Inhabitants  thereof  are  hereby  invested  with  all  the 
powers  and  Priviledges  that  other  Parishes  in  this  Province  enjoy;  and  that  the 
remaining  part  of  said  District  be  and  continue  the  first  Parish  in  said  District 
Provided  nevertheless  that  any  of  the  Inhabitants  of  said  District  that  live  on  the 
East  side  of  the  aforesaid  dividing  Line  who  shall  chuse  to  remain  and  he  accounted 
as  Members  of  the  said  first  Parish  and  shall  by  writing  under  their  hands  lodged  in 
the  Secretai-y's  Office  within  three  months  next  following  certify  the  same,  every 
such  Person  so  certifying  shall  be,  remain  and  be  esteemed  and  accounted  one  of 
the  Parishioners  of  the  said  first  Parish,  antl  shall  be  obliged  to  do  duties  and  shall 
enjoy  Priviledges  there  as  such,  and  shall,  he  and  his  Estate,  be  exempted  from  any 
duty  or  charge  whatsoever  in  tlie  said  second  Parish  as  effectually  as  he  would  be, 
if  he  dwelt  and  his  Lands  and  Estate  lay  in  the  same  first  Parish,  and  that  whatso- 
ever Inhabitants  of  the  said  District  living  within  the  aforesaid  I^imits  of  the  said 
first  Parish  and  to  the  Westward  of  said  dividing  Line  shall  choose  to  be  one  of  the 
said  second  Parish,  and  shall  certify  the  same  within  the  term  and  in  the  manner 
aforesaid,  such  Inhabitants  shall  be  esteemed  and  accounted  as  a  member  of  the  said 
second  Parish  and  shall  be  intitled  to  Priviledges  and  shall  do  duties  with  the  other 
members  of  the  said  second  Parish,  and  he  anil  his  Estate  shall  be  wholly  free  and 
exempt  from  any  duty  or  charge  whatsoever  in  the  said  first  Parish  as  effectually  as 
he  should  be,  if  he  dwelt  and  his  Lands  lay  in  the  said  second  Parish,  Provided  also 
and  it  is  hereby  voted  and  Ordered,  That  the  Inhabitants  of  the  said  first  Parish  as 
they  shall  be  at  the  end  of  the  said  three  months  shall  refund  and  pay  back  to  the 
said  Inhabitants  of  the  said  second  Parish  their  proportion  they  have  been  assessed 
to  the  several  sums  that  have  been  expended  or  I'aised  in  said  District  for  the  erect- 
ing and  buikling  a  Meeting  liouse  there,  and  in  the  controversy  and  dispute  about 
the  same,  excepting  and  deducting  therefrom  so  much  as  the  Frame  of  a  meeting 
liouse  there  has  been  damaged  by  the  felling  and  cutting  down  part  thereof  by  some 
of  the  Inhabitants  of  said  East  and  second  Parish,  which  damage  done  to  said  frame 
shall  be  determined  by  a  Committee  appointed  by  this  Court  for  that  purpose  and 
be  paid  by  the  Inhabitants  of  the  said  second  Parish ;  and  that  all  Actions  that  are 
or  may  be  prosecuted  in  the  Law  for  damages  on  that  account  be  and  hereby  are 
effectually  barred  to  all  intents  and  purposes  whatsoever.  Provided  also  that  the 
said  Inhabitants  of  said  second  Parish  shall  be  allowed  a  proportionable  share  of 
the  Materials  of  the  Old  Meeting  ho)ise  or  a  reasonable  allowance  therefor  from  the 
first  Parish  to  be  determined  by" the  Committee  aforesaid. 

Provided  nevertheless  that  if  at  any  time  before  the  end  of  March  next  two  thirds 
at  least  of  the  qualified  Voters  in  said  District  shall  at  a  Meeting  legally  warned 
agree  upon  a  place  where  to  erect  and  fix  a  meeting  house  for  the  accomodation  of 
the  whole  district  and  shall  cause  stich  Agreement  to  be  duly  certified  to  the  Great 
and  General  Court  at  their  Session  in  May  next:  then  and  in  such  case  the  foregoing 
Order  for  dividing  said  District  shall  be  void  and  of  no  Effect. 

In  Council  Read  and  Concurred    Consented  to  by  the  Governor."— Jfeic?.,  p.  275. 

"  June  9,  17(52.  A  Petition  of  Daniel  Nash  in  behalf  of  the  Inhabitants  of  the  first 
Parish  of  South  Hadley— Praying  some  explanation  of  the  Order  of  the  General 
Court  in  February  last  for  dividing  them  into  two  Parishes. 

In  the  House  of  Representatives.  The  above  Petition  being  read  and  considered 
Resolved  That  all  those  Persons  that  belong  to  the  first  Parish  in  the  District  of 
South  Hadley  and  have  Lands  under  their  own  Improvement  in  the  Second  Parish; 
all  such  Lands  shall  be  rated  or  taxed  to  pay  all  Parish  charges  in  the  first  Parish 
notwithstanding  their  lying  within  the  bounds  of  the  Second  Parish,  And  that  all 
those  Persons  that  belong  to  the  second  Parish  in  said  District  and  have  Lands 
under  their  own  Improvement  iu  the  first  Parish;  all  such  Lands  shall  be  rated  or 


1034  Pbovince  Laws.— 1768.  [Notes.] 

taxed  to  pay  all  Parish  charges  in  the  second  Parish,  notwithstanding  their  Ij'ing 
within  the  bounds  of  the  first  Parish. 

In  Council  Read  and  Concurred.    Consented  to  by  the  Governor." — Ibid.,  p.  416. 

"  June  12,  17(i2.  In  the  House  of  Representatives  Voted  That  Josiah  Dwiglit  Esq"" 
Timothy  Dwight  jun'  Esq''  and  M""  Ebenezer  Hunt  of  Northampton  be  and  tliey 
hereby  are  appointed  a  Committee  to  consider  of,  and  determine  tlie  Damage  done 
by  some  of  the  Inhabitants  of  the  Second  Parish  in  Soutli  Hadley  to  the  Frame  of 
the  Meeting  House  in  said  District  by  cutting  down  part  thereof,  wliich  damages 
this  Court  by  their  Vote  of  the  18"i  February  last  ordered  to  be  determined  by  a 
Committee  of  this  Court.  And  that  the  said  Committee  determine  what  sum  shall 
be  allowed  to  the  said  Second  Parish  for  their  proportionable  part  of  the  Old  Meet- 
ing* in  said  District,  which  by  the  Order  aforesaid  was  to  be  determined  by  the 
same  Committee  that  should  determine  the  Damages  aforesaid.  In  Council  Read 
and  Concurred    Consented  to  by  the  Governor." — Ibid.,  p.  4o7. 

"  June  15,  17G2.  The  desire  of  the  following  Persons  Inhabitants  of  South  Had- 
ley, pursuant  to  the  Order  of  the  General  Court  of  the  20"i  of  February  last  (being 
omitted  to  be  recorded  in  its  proper  place)  is  as  follows. 

Pursuant  to  an  Act  and  Order  of  the  General  Court  passed  the  19'^  day  of  last 
February  dividing  the  District  of  South  Hadley  into  two  Parishes,  an  East  and  "West 
Parish. 

We  the  Subscribers  living  West  of  the  said  dividing  line  desire  tliat  our  Names 
may  be  Entered  into  the  Secretary's  Office  for  Joining  with  the  Second  Parish  in 
said  District.     South  Hadley  April  5:  17(52 

(Signed)        William  Easman,  Israel  Smith,  Joseph  Hillyard. 
William  Easman,  Israel  Smith,  Joseph  Hillyard, — received  l()"i  A]iril,  17G2 — 

South  Hadley  April  2(i:  1752,  Pursuant  to  the  order  of  the  Great  and  General 
Court  at  their  Session  in  February  last,  relating  to  a  Division  of  the  District  of  South 
Hadley  into  two  Parishes,  This  is  to  Certify,  that  We  the  Subscribers,  chuse  to  re- 
main and  be  accounted  as  Members  of  the  first  Parish:  and  that  we  and  our  Estates 
may  be  Esteemed  and  accounted  as  belonging  to  the  said  first  Parish,  and  therefore 
desire  that  our  names  may  be  lodged  in  the  Secretarj^'s  Office,  agreeable  to  the  said 
Order  of  Court. 

Luke  Mountague  Moses  Montague  Elizabeth  Queen 

Joseph  Moodey  Reuben  Smith  Ebenezer  Stoddard 

David  Nash  Esther  Dickinson  Noah  Moodey 

Daniel  Moodey  Jonathan  Smith  Hugh  Queen 

Josiah  Moodey  Mary  Montage.  James  Queen. 

Luke  Montague  and  others  1^'  Parish,  received  fi^i  May  1762 — 

South  Hadley  the  Second  Parish  May  the  4«>  1762— 

Whereas  I  have  sent  my  name  to  be  reckoned  one  of  the  first  Parish,  upon  a  second 
consideration  I  have  altered  my  mind  and  if  my  name  is  set  down  I  should  be  glad 
to  Erast  out  and  to  remain  in  the  second  Parish,  as  Witness  my  hand — 

Test  Gad  Chapin  Esther  Dickinson 

Experience  Smith,  received  11*  May  1762. 

In  pursuance  to  Act  of  the  General  Court  the  19*1^  day  of  last  February  by  dividing 
the  District  of  South  Hadley  into  two  Parishes,  I  the  Subscriber  living  in  the  first 
Parish  desire  my  name  to  be  Entered  in  the  Secretary's  Office  to  Join  with  the 
Second  Parish  in  said  South  Hadley  agreeable  to  the  liberty  the  said  Act  gave  me. 

South  Hadley  May  7.  176—  John  Smith. 

John  Smith,  received  13"i  May  1762— 

District  of  South  Hadley  May  4"^  1762,  Pursuant  to  the  order  of  the  Great  and 
General  Court  at  their  Session  in  February  last,  relating  to  a  Division  of  said  Dis- 
trict into  two  Parishes:  This  is  to  certify  that  the  Person  or  Persons  hereto  Sub- 
scribing, desire  that  they  may  be  accounted  as  a  Parishoners  of  the  first  Parish : 
and  chuse  that  he  or  they  and  his  or  their  Estates  may  be  accounted  to  the  said  first 
Parish,  and  that  the  same  may  be  lodged  in  the  Secretary's  Office 

Witness  our  hands.  Israel  Clark 

James  Henry 
Josiah  Henry. 

Israel  Clark,  James  Henry,  Josiah  Henry,  South  Hadley  received  17'^'  May  1762." 
—Ibid.,  p.  MS, 

Feb.  22,  1763.  A  Petition  of  Joseph  White  and  Josiah  White  of  South  Hadley — 
Setting  forth  that  pursuant  to  an  Order  of  the  General  Court  in  January  1762  for 
dividing  the  District  into  two  Parishes,  liberty  was  given  to  those  on  the  East  side 
of  the  Line  who  chose  to  be  of  the  West  Parish  to  certify  the  same  by  Writing  lodged 
in  the  Secretarys  Office  within  a  certain  time  in  said  Order  limited ;  which  Certificate 
should  intitle  them  to  be  members  of  the  West  or  first  Parish.  That  in  observance 
of  the  said  Order  they  certified  their  desire  as  aforesaid,  but  their  certificate  mis- 
carried. And  Praying  that  they  may  nevertheless  be  accounted  to  belong  they  and 
their  Estates  to  the  first  Parish  in  the  said  District. 

In  the  House  of  Representatives;  Read  and  Ordered  that  the  within  named  Joseph 
and  Josiah  White  with  their  Families  &  Estates  be  annexed  to  the  first  Parish  in 
South  Hadley  there  to  do  duty  and  receive  pri  viledge,  and  they  are  hereby  exempted 
from  paying  any  Parish  Taxes  to  the  Second  Parish  in  said  Town  for  the  future. 

In  Council  Read  and  Concurred  Consented  to  by  the  Governor." — Ibid.,  p.  603. 

"  June  13,  1767.  A  Petition  of  William  Eastman  and  others,  a  Committee  of  the 
Inhabitants  of  the  second  Parish  in  South  Hadley — Setting  forth — the  great  incon- 
veniencies  they  suffer  by  remaining  united  with  the  first  Parish  in  one  District,  that 
there  are  unhappy  disputes  and  differences  between  the  two  Parishes,  and  that  the 
second  Parish  are  obliged  at  the  pleasure  of  the  first  which  contains  a  majority  of 

*  Sic. 


[Notes.]  Peovikce  Laws. — 1768.  1035 

Voters  to  expend  Sums  of  money  against  their  wills  to  their  great  damage,  injury 
and  grievance.  And  Praying  that  they  may  be  incorporated  into  a  separate  Town 
or  District  by  the  same  Line  which  now  divides  the  two  parishes,  and  that  they 
may  have  their  proportion  of  the  Common  Stock. 

In  the  House  of  Representatives,  Read  &  Ordered  That  the  Inhabitants  of  the  first 
Parish  of  South  Hadley  be  notifyed  by  serving  the  Clerk  of  s<i  Parish  with  a  copy  of 
the  foregoing  Petition  and  of  this  order,  that  so  on  the  third  Wednesday  of  the  next 
Session  they  may  shew  cause,  if  anj^  they  have,  why  the  prayer  thereof  should  not 
be  granted.        In  Council,  Read  &  Concurred." — Ibid.,  vol.  XXVII.,  p.  50. 

"  Jan.  14,  17G8.  a  Petition  of  the  Inhabitants  of  the  second  Parish  in  South  Had- 
ley Praying  to  be  erected  into  a  Town  or  District  as  entered  the  i:;"'  of  June  last. 

In  Council,  Read  again  together  with  the  Answer  And  Ordered  That  Benj''  Lin- 
coln and  Tho«  Hubbard  Esq"  with  such  as  the  Hon^'e  House  shall  join  be  a  Com- 
mittee to  take  this  Petition  with  the  answer  under  consideration  hear  the  parties  & 
make  report.  In  the  House  of  Representatives,  Read  &  Concurred  and  Cap'  Root, 
Col"  Gerrish  and  Maj''  Humphrey  are  joined." — Ibid.,  p.  138. 

"Jan.  18, 17G8.  A  Petition  of  Joseph  White  and  others  Inhabitants  of  the  first 
Parish  in  the  District  of  South  Hadley — Praying  That  if  this  Court  should  think  fit 
to  divide  the  District  into  two,  as  Prayed  for  in  a  Petition  now  before  the  Court, 
they  and  their  Estates  may  be  accounted  to  the  west  District,  and  that  the  dividing 
Line  may  be  altered  so  as  to  include  them  therein. 

In  the  House  of  Representatives,  Read  and  Ordered  that  the  Committee  appointed 
to  consider  the  South  Hadley  Petition,  take  tliis  Petition  into  consideration  and 
Report.    In  Council,  Read  and  Concurred." — Ibid.,  p.  14(i. 

"  Jan.  20,  17(J8.  The  Committee  appointed  the  1-1">  Instant  on  the  Petition  of 
Joseph  White  and  Others  of  South  Hadley,  having  made  Report  the  following  Order 
passed  thereon  viz' — 

In  Council,  Read  and  accepted:  And  Ordered  that  Tim"  Paine  Esq''  with  such  as 
the  Honbie  House  shall  join  be  a  Committee  to  repair  to  Sovitli  Hadley  hear  the  par- 
ties, settle  and  mark  the  Line  of  Division  between  the  proposed  Districts,  and  make 
return  thereof  to  this  Court  at  their  next  Session;  and  that  the  aforesaid  Line  when 
established  between  the  said  proposed  Districts  be  the  Line  between  the  two 
Parishes  in  the  Petition  mentioned,  pursuant  to  the  agreement  of  the  parties  by  their 
respective  agents.  In  the  House  of  Representatives,  Read  and  Concurred  and  Colo 
Gerrish  &  Maj''  Davis  are  joined." — Ibid., }?.  150. 

"  June  2,  17G8.  The  Committee  appointed  the  20"'  of  January  last  to  repair  to 
South  Hadley  and  settle  and  mark  the  Line  of  Division  between  the  proposed  Dis- 
tricts, made  Report  of  their  doings  therein:  whereupon  the  following  vote  passed 
viz' 

In  Council,  Read  and  accepted:  and  Ordered  that  the  Petitioners  have  liberty  to 
bring  in  a  Bill  accordingly.  In  the  House  of  Representatives,  Read  and  Concurred." 
—Ibid., p.  321. 

Chap.  5.  The  importance  of  the  subject  which  the  passage  of  this  act  brought  into 
discussion  in  this  province  and  before  the  Privy  Council,  seems  to  warrant  the  print- 
ing of  the  following  papers,  which,  though  cumulative  and  repetitious,  and,  gener- 
ally, written  by  illiterate  jiersons  in  humble  life,  form  a  signiticant  part  of  a  series 
of  efforts  to  secure  that  religious  liberty  which,  to-day,  is  the  boast  of  our  Common- 
wealth. 

"  Mar.  17, 1767.  A  Petition  of  Obadiah  Dickinson  and  others  Resident  and  non- 
resident proprietors  of  the  plantation  lately  called  Huntstown — Setting  forth — That 
the  same  was  in  the  year  17G5  erected  into  a  Town  by  the  name  of  Ashfield;  that  in 
the  Act  of'Incorporation  there  is  a  clause  of  great  uncertainty  respecting  the  jDower 
of  raising,  levying  and  collecting  of  money  for  defreying  the  public  charges  of  the 
said  Town,  and  great  dif3Bculties  and  inconveniences  consequent  thereon.  And 
Praying  for  an  Act  further  to  impower  the  proprietors  to  regulate  their  proceedings 
with  respect  to  this  matter  and  to  enable  them  effectually  to  levy  and  collect  money 
for  the  necessary  purposes  of  the  said  Proprietors,  as  well  such  as  have  been  already 
granted,  as  what  may  hereafter  be  granted  therefor. 

In  the  House  of  Representatives.  Ordered  that  the  Petitioners  notify  the  Inhabit- 
ants of  Ashfield  of  this  Petition  and  Order  by  serving  the  Town  Clerk"  with  a  Copy 
of  the  same:  and  that  they  also  notify  the  proprietors  of  said  Ashfield  by  inserting 
the  said  Petition  &  Order  in  one  of  the  Boston  news  papers,  that  they  may  shew 
cause,  if  any  they  have,  on  the  second  Wednesday  of  the  Session  of  the  General 
Court  in  May  next  why  the  prayer  should  not  be  granted:  the  said  notifications  to  be 
made  at  least  fifteen  days  before  the  said  May  Session.  In  Council,  Read  &  Con- 
curred."— Council  Records,  vol.  XXVI.,  p.  473. 

"  June  9, 1767.  A  Petition  of  Obadiah  Dickinson  and  others  some  of  the  nonresi- 
dent proprietors  of  Ashfield,  lately  known  by  the  name  of  Huntstown — praying  for 
an  Act  to  regulate  their  proceedings  in  certain  matters  therein  mentioned  as  entered 
the  17'^'  of  March  last,  upon  which  an  Order  then  passed  for  a  notification;  but  they 
having  omitted  to  take  out  copies,  now  present  a  new  Petition  for  the  revival  of  the 
•former;  whereupon  the  following  Order  passed  viz' — 

In  the  House  of  Representatives,  Read  again  &  revived:  and  Ordered  that  the 
Petitioners  notify  the  Inhabitants  of  Ashfield  of  this  Petition  and  Order  by  serving 
the  Town  Clerk  with  a  Copy  of  the  same:  and  that  they  also  notify  the  proprietors 
of  said  Ashfield  by  inserting  the  substance  of  said  Petition  &  the  Order  in  two  of  the 
Boston  news  papers,  that  they  may  shew  cause,  if  any  they  have,  on  the  second 
Wednesday  of  the  next  Session  of  this  Court  why  the  prayer' should  not  be  granted: 
the  said  notification  to  be  made  at  least  fifteen  days  before  the  said  Session.  In 
Council,  Read  &  Concnrred."— Ibid.,  vol.  XXVII., pi-  34. 


1036  Province  Laws. — 1768.  [Xotes.] 

"  To  Ilia  Excellency  Francis  Eernanl  Esq""  Captain  General  and  Governour  la 
Cheif  in  and  over  his  majesties  Province  of  the  massachusetts  Bay  in  New  England 
Voice  admarel  of  y'^  same  and  to  liis  Honarable  Conncil  and  house  of  Represeute- 
tives,  Wc  wliose  Names  are  under  writen  present  our  Humble  prayer  to  his  Excel- 
lency and  your  Honours  as  follows:  We  would  Enform  his  Excellency  and  your 
Honours  that  Near  one  half  of  us  have  setteled  in  this  town  Before  the  Last  war 
which  was  then  called  Huntstown  and  Bult  a  fort  and  Defended  our  Selves  three 
years  time  before  We  had  any  help  By  soldger  from  the  authority  (Excepting  ten 
men  for  ten  days  to  Gather  our  corn)  in  which  time  we  could  do  but  Lettle  Else 
in  the  summer  time  But  Gard  our  Selves  and  Skout  in  the  woods  to  See  if  we 
could  make  Discovery  of  the  Enemy  and  there  by  was  some  Gard  to  the  towns 
33elow  us,  after  the  war  was  over  (We  being  of  that  perswation  that  is  called  Ana- 
baptest.)  we  proceeded  to  Settle  our  selves  in  a  Church  form  and  have  settleed  a  min- 
ister who  was  ordained  by  the  assistance  of  three  Neighbouring  Churches  of  the 
same  Constitution  and  were  about  Bulding  a  meeting  house,  l)ut  were  forced  to 
Desist  by  means  of  there  settleing  in  town  a  number  of  men  of  a  Contrary  perswa- 
tion who  by  the  help  of  some  few  that  was  here  before  and  other  proprietors  have 
by  a  major  Vote  Raised  money  to  buld  another  meeting  house  which  we  liAVe  no 
priveledg  of  and  have  settled  another  minister  &  have  Given  him  a  Large  Settlement 
and  SoUory  and  compell  us  to  pay  our  Equal  proportion  with  them  so  that  Even  our 
own  minister  is  compel'd  to  paiy  theres  or  we  for  liim  for  the  Causes  of  Which  opres- 
tion  together  with  the  Distreses  of  the  war  above  s'l  We  are  Brought  under  destrest 
surcomstances  which  we  think  crys  a  loud  for  some  pitty  to  be  shewed  upon  us  for  we 
haveing  our  own  minister  to  provide  for  according  to  our  abillity  and  having  yearly 
taken  away  from  us  our  moneys  or  our  Lands  Sold  att  an  out  cry  to  maintain  there 
Worship.  So  that  we  have  alredy  suffered  Exstremly  and  they  have  also  Voted 
four  pounds  Lawfull  money  upon  Each  wright  to  finish  there  meeting  house  and  to 
suport  there  minister  which  if  we  are  oblidged  to  pay  we  See  nothing  but  that  we  or 
att  Least  many  of  us  must  be  turned  out  from  our  houses  and  Lands — we  pray  there- 
fore that  his  Excellency  and  your  Honours  would  take  our  destrest  Case  into  your 
wise  consideration  and  free  us  and  our  Lands  from  paying  any  more  towards  the 
maintenance  of  the  minister  or  finishing  the  meeting  house  of  a  sosiety  that  we  do 
not  belong  unto. 

We  being  willing  to  pay  our  province  taxes  and  all  others  Exceping  the  above 
mentioned 

So  Prays  your  Humble  Pretescions  and  Lawyell  Subjects 

Nathan  Chapin  Moses  Bacon 

There  is  upwards  of       Ebenezer  Smith  Chileab  Smith  Junb 

Ninety  Soals  that  Miles  Standish  Israel  Standish 

Frequently  atend  our        Jonathan  Spkagub  John  Blackmer 

Meeting  on  the  Lords       Aaron  Lyon  Isaac  Shepard 

Day  Richard  Phillips  Asa  Bacon 

Dated  att  Ashfield  Ehenezer  Josiah  Drake 

May  ye  24"^  1768  Moses  Smith  Nathanell  Harvet 

Ebenezer  Sprague  Chileab  Smith 

In  the  House  of  Representatives  May  31  17G8 

Read  &  Ordered  that  the  Petitioner's  notify  the  Town  &  Proprietors  of  Ashfield 
by  serving  the  respective  Clerks  with  a  Copy  of  the  petition  to  shew  Cause  on  the 
second  Wensday  of  the  next  Sitting  of  this  Court  why  the  Prayer  should  not  be 
granted.  &  that  the  further  Collection  of  Taxes  so  far  as  respects  the  Petitioners  be 
suspended  in  the  mean  time    Sent  up  for  Concurrence    T.  Cushing  Spk"" 

In  Council  1  June  1768.    Read  and  Concurred  A.  Oliver  Sec 

Consented  to  Fra  Bernard." — Mass. 

Archives,  vol.  14,  p.  .512. 

These  may  Sertify  to  the  General  Court  that  we  were  Present  at  the  Delivering 
the  coppys  of  the  annabaptist  Petetion  to  the  Town  and  Proprietors  Clark  of  Ash- 
field on  the  Sixteenth  day  of  June  1768  according  to  the  Courts  Order. 

As  witness  our  Hands  Nathan  Chapin 

Chileab  Smith  jun." — Ibid.,  p.  563. 

"Ace'  of  ye  Suffrings  of  the  bpts  in  Ashfield  1  Constituted  June  27.  176L— 2 
Minister  ordained  Augt  20  1761,  viz,  Ebenezer  Smith:  by  Elders  Noah  Alden,  Vit- 
man  Jacob  with  two  private  Brethren  of  Stirbridge.  3  Number  of  Communicants 
1769.  30.  4  Our  Society  who  were  agreed  in  ye  Choice  &  ordination  of  our  Elder  were 
by  far  ye  major  part  of  ye  Inhabitants  of  ye  Town  at  y'  Time,  &  we  were  ab*  building 
a  Meeting  House;  but  were  forced  to  desist,  by  Reason  of  there  coming  into  Town  a 
Number  of  Men  of  a  contrary  Persuasion,  >vho  w'  ye  Help  of  ye  Non-Resident  Proprie- 
tors, over  powered  us  in  Voting.  So  y'  they  have  raised  large  Sums  of  Money  for 
another  Meeting  House,  &  have  settled  another  Minister,  &  given  Him  a  large 
Settlement  &  Sallary.  And  have  built  their  Meeting  House.  And  altho  ye  General 
Court  had  granted  a  considerable  Tract  of  Land  to  ye  first  Minister  y'  shoii  be 
settled  in  this  Town ;  yet  ye  above  s<i  Party  have  seized  upon  ye  Land  &  put  their 
Minister  (tho  not  ye  first)  into  ye  Possession  of  it:  &  we  have  been  forced  to  pay  at 
j  several  Vanduesye  Sum  of  ten  Pounds  lawful  My  upon  each  Right;  chiefly  for 
their  Minister  &  Meeting-House:  &  have  since  raised  a  Tax  of  150  Pounds  chiefly 
for  yt  Use— And  they  have  this  Year  1769.  voted  a  Tax  of  507  Pounds  L  My 
■wholly  for  y'  Use,  &  have  posted  our  Lands  for  Sale  to  force  us  to  pay  our  equal 
Proportion  thereof:  yet  not  one  penny  allowed  us  for  our  Minister  &  Meeting 
House. 

Thus  it  appears  y*  our  Oppression  is  very  great  in  this  Regard  for  ye  Appearance 
of  Things  are  such  at  present  y'  we  see  nothing  but  y*  our  Land  will  be  sold,  &  we 
disinherited  for  ye  Mainteuence  of  a  Society  to  which  we  do  not  belong.    For  altho 


[Notes.]  Pkovi:n^ce  Laws.— 1768.  1037 

we  have  sent  two  Petitions  to  y«  General  Court  for  Help,  as  yet  we  have  had  none 
Thus  far  Chile.vb  Smith 

Ebenezek  Smith. 

In  y^  Year  17G2.  were  chosen  Assessors  for  y«  said  Town  of  Ashfield  Ephraim 
Marble,  Eeubin  Ellis  &  Philip  Phillips  to  make  a  Province  Tax,  «&  being  directed 
by  a  Precept  from  y«  General  Court  not  to  rate  a  settled  Minister;  whereupon 
Ephraim  Marble  &  Eeubin  Ellis  left  y^  Baptist  Minister  out  of  y«  Rate.  Whereupon 
Philip  Phillips  complained  to  y<^  Quarter  Sessions  of  being  overrated  &  a  Summons 
was  sent  to  ye  two  Assessors  to  appear  at  the  Court  held  at  Springfield  for  y^ 
County  of  Hampshire  in  May  17(52.  When  y^  Case  came  upon  Trial,  they  \vo<i  not 
suffer  y  Assessors  to  bring  "any  Proof  of  y^  said  Ministers  Settlement  neitlier  by 
Certificate  nor  by  living  Evidence  &  said  y'  if  they  sho<*  prove  his  Ordination  yet 
He  sho'J  not  be  free  paying  Taxes.  And  in  yc  Conclusion  cast  4  pounds  lawful 
Money  Charges  on  y«  two  Assessors.  And  when  they  were  about  to  apjieal  to  the 
Superior  Court:  they  wo"!  not  allow  it,  saying,  there  was  no  Appeal  in  y'  Case:  &  so 
they  were  obliged  to  bear  y<>  Burden  laid  upon  them.  The  Chief  Judge  of  this  Court 
was  y«  HonbleCoIonel  Israel  Williams  of  Hatfield. 

These  Things  we  y«  Subscribers  were  Eye  witnesses  to  being  present  in  y^  Court 

Ebenezeu  Smith 
Eeuuin  Ellis." — Ibid.,  p.  558. 

"  To  his  Excellency  Francis  Bernard  Esq""  Captain  (leneral  and  Governour  in 
Clieif,  in  and  over  his  majesties  i)roviiice,  of  the  Massachusett  Bay  in  New  England, 
Voice  admaral  of  the  same,  and  to  the  Honourable  his  majesties  Councill  & 
house  of  Representitives.  the  Anabaptist  Church  and  society  of  Ashfield,  Send 
our  Humble  prayer  to  his  Excellency  and  your  Honours:  as  follows:  We  presented 
our  prayer  to  his  Excellency  and  your  Honour's  for  help  tlie  Last  year  Dated  May 
2i  17(38;  Wherein  we  manifested  the  opprestion  that  we  for  a  Long  time  lay  under 
in  being  made  to  pay  for  the  Settlement  and  SoUory  of  a  minister,  and  Building  a 
meeting  House  for  a  Society  tliat  we  do  not  belong  unto: — 

Ijut  yet  notwith  Standing  this  Hononral)le  Court  then  ordered  tliat  the  further 
collection  of  taxes  so  far  as  Resi>ected  us  the  petetioners  should  be  suspeuded  untill 
the  next  Seting;  and  tlien  to  have  hereing  for  the  purposes  afore  Said;  and  ordered 
us  to  Deliver  a  Copy  of  our  petetion  &  the  Courts  Act  upon  it  to  the  two  Clcarks  of 
both  Town  and  proprietors  which  v.-e  Delivered  to  them  on  y<^  Ki"'  day  of  June  17(i8. 
Yet  they  Regard  not  this  Act  but  say  they  have  Power  by  another  act  to  gather 
money  of  us  as  before  and  accordingly  have  Since  called  another  meeting  &  Voted 
niorenioney  for  us  to  pay  &  have  Posted  our  Lands  for  Sale:  but  when  tlie  day  of 
publick  Vaiidue  Came  by  Reson  of  some  mistrust  amongst  themselves  that  they  had 
not  i)roceeded  according  to  Law:  Desisted  for  tliat  time;  so  our  Lands  are  not  yet 
sold  but  yet  they  Seem  to  be  very  confident  that  they  can  and  will  make  us  pay  or 
Sell  our  lands  for  the  Charges  as  aljoves^i 

Our  Opression  therefore  thus  appears:  we  haveing  Setteled  a  ministor  (being 
called  by  the  wbole  Church  &  the  major  part  of  the  then  inhabitauce  of  the  Town) 
who  was  ordained  by  the  assistance  &  ministors  of  Neighbouring  Churches  of  the 
same  constitution:  agreeable  to  the  Laws  of  this  province,  and  since  that  we  have 
paid  at  several  Vandues,  the  sum  of  ten  pounds  Law  full  money  upon  Each  Right  but 
not  one  penny  of  the  money  hath  been  alowed  us  for  our  minister  or  Building  our 
meeting  House  and  they  have  also  jtosted  our  Lands  for  Eight  jiounds  Lawfull 
money  upon  Each  Right  more:  lu-eteuding  it  to  be  cheiily  for  their  ministor  & 
meetinghouse:  thougliasmall  matter  for  highways  and  other  trif  nils:  But  when  we 
manifest  our  unesieness  to  them  have  been  told  to  this  purpose;  that  it  is  in  vain  for 
us  to  complain  for  the  a  thority  say  they  will  not  favour  us  Because  we  are  of  a 
Different  Opinion  in  Religeon  from  them: 

thus  it  apears  that  if  we  Can  have  no  help  we  shall  Soon  be  Strijit  of  all  we  have: 
for  Lands  are  frequently  Sold  at  the  Vandues  here  for  but  a  Small  part  of  What  it 
is  worth — 

We  pray  therefore  that  his  Excellency  and  your  Honours  would  take  the  Case  of 
your  Destrest,  petetioners  into  your  wise  consideration:  and  Grant  that  the  money 
we  have  had  taken  from  ns  for  their  ministor  and  meeting  House  may  be  Restored 
to  us  for  our  ministor  and  meeting  house:  and  that  we  may  be  freed  from  paying 
any  more  to  a  Society  that  we  do  not  Belong  unto.  So  prays  your  Humble  peti- 
tioners. 
Dated,  Ashfield  Chileab  smith         t     In  Behalf 

May  y"^  22<^  1769  Joiix  Blackjiek     <    of  the  Church 

Nathan  Chapin       (     and  Society. 

P.  S.  Here  we  would  Sertefy  this  Honourable  Court  that  it  is  not  all  the  other 
Society  that  would  thus  Opjiress  us:  for  there  are  some  of  them  that  have  Given  us 
their  own  Hand  writing  to  the  contrary  which  wo  here  present." — Ibid.,  p.  5(51. 

"  We  whose  names  are  under  writen  have  no  objection  a  Gainst  the  anabaptest 
societys  Being  set  free  from  paying  to  the  maintenances  of  the  other  worship  which 
they  Do  not  Belong  unto  Jonathan  Spuague  iur        Zep.lon  brvant 

Dated  Ashfield  Isaac  Ckitteden  Jonathan  Taylor 

June  y«  y">  17G8  Isaac  Chittenden  jun         Azauiah  Selden 

John  Elt.is  .Tohn  Wilkie 

Simeon  Wood  John  Bhigs 

NeHEMIAH  WASHP.0RN  Jacob  Washbon.— /f>W., 

Aakon  fullak 
p.  557. 

"Met  in  Association  at  Warren  Colony  of  Rhodisland  Sep'  14'1»  1700. — 

These  are  therefore  to  Certifie  all  persons  whom  it  may  Concern  that  upon  mature 
Examiuation  of  ye  Religious  principles  and  Constitution  of  a  Church  of  Christ  in 


1038  PKOvmcE  Laws.— 1768.  [Notes.] 

Ashfield  under  y''  pastoral  Care  of  y^  Revd  Ebenez'  Smith— We  y«  Baptist  Associa- 
tion do  Receive  y^  S*!  Church  into  fellowsliip,  as  being  of  y^  Same  faith  and  ordei-. 
Signal  by  Order  and  in  behalf  of  y«  Association — 

Hezekiah  Smith  Moderator 

Samel   Stilljian    Clerk."— J6«(^.,p.  563. 

"To  the  Honourable  Thomas  Huchinson  Esq  Lieutenant  Governor:  and  Com- 
mander in  Cheif  in  and  over  his  Majesties  Province  of  the  Massachusets  Bay  in  New- 
England  and  to  the  Honourable  his  Majesties  Councill  &  house  of  Representetives 
in  General  Court  Assembled  on  thel4"iof  March  A  D:  1770.  .  .  .  We  the  Baptist 
church  and  Society  in  Ashfield  Present  our  Humble  petition  to  your  Honours  aa 
follows  (Viz) 

We  were  Setteled  in  this  Town  in  the  manner  as  we  Set  forth  in  our  petition  which 
we  presented  to  this  Honourable  Court  Bearing  Date  May  .  .  .  1768.  Wherein  we 
requested  to  be  freed  from  paying  taxes  to  a  Minister  &  for  the  Building  of  a  meeting 
House  of  a  nother  Society  which  we  do  not  Belong  unto,  and  the  Court  was  pleased 
to  order  us  to  Notify  the  Town  and  Proprietors  Clarks  with  a  Copy  our  petition 
which  we  Did.— and  that  they  Should  Suspend  the  further  Collection  of  taxes  So  far 
as  Respected  us  the  petitioners  untill  the  next  Setting  of  tlie  Court  but  not  with 
Standing  they  proceeded  to  post  our  Lands  for  Sale  before  the  Court  Set  again  &  Came 
together  to  Sell  the  Same;  but  finding  That  tliey  had  made  Some  mistake  in  their 
])roceedings,  it  was  put  by  for  that  time; — and  we  Sent  a  man  to  Boston  Last  May  to 
to  See  if  we  could  git  further  help  but  things  being  in  so  Broken  a  Surcomstance  y' 
lie  came  away  before  there  was  any  Business  done;  and  there  is  now  a  tax  of  11£: 
18/:  7^1  L.  F.  m.  Laid  on  Each  right  in  this  Town,  the  Cheif  of  it  for  the  Support  of 
the  minister  and  Building  a  meeting  House  for  the  above  s^i  Society  and  our  Lands 
are  posted  in  the  publick  prints  in  order  to  be  Sold  the  first  Wednesday  of  april 
Next  unless  prevented  by  our  paying  s^i  tax  which  we  cant  See  i^osible  for  us  to  do. 
— So  that  we  See  nothing  but  y'  we  (or  at  Least  many  many  of  us)  Shall  be  Disin- 
herited for  the  Suport  oil:  a  Society  that  we  Do  not  belong  uuto. — Wc  do  therefore 
Humbly  pray  this  Honf  Court  to  take  our  Case  into  your  wise  Considerations  &  free 
us  and  our  Lands  from  paying  the  above  s<i  tax  or  any  other  tax  yt  Shall  hereafter 
be  raised  for  y«  purposes  afores^. — and  y'  y<'  moneys  which  we  here  to  fore  have  paid 
for  their  Minister  &  meeting  House,  may  be  restored  To  us  for  we  need  a  meeting 
House;  and  should  have  I3uilt  one  some  years  agone,  had  it  not  been  for  the 
Burdens  so  unjustly  Laid  upon  us  So  Prays  your  Humble  petitioners. 

Ebenezek  SiHTH    )        In  behalf  of 
Dated  in  Ashfield  John  Blackmer    >         the  Church 

Feb'- y=  yth  1770.  Aaron  Lyon  )         and  Society."— J&^f^., /:>.  556. 

"  April  10,  1770.  A  Petition  of  Ebenezer  Smith  and  others  in  behalf  of  the  Bai> 
tist  Church  and  Society  in  Ashfield — Setting  forth— That  there  is  a  Tax  of  £11:  18:  7 
laid  on  each  Right  in  said  Town  chiefly  for  the  support  of  a  Minister  and  Building 
a  Meeting  House  for  a  Society  of  a  different  jiursuation  from  the  Petitioners— That 
their  Lands  are  advertized  to  be  sold,  unless  prevented  by  paying  the  said  Tax, 
which  they  are  unable  to  pay  and  support  the  Gospel  among  themselves.  And  pray- 
ing that  they  and  their  Lands  may  be  exempted  from  said  Tax  or  any  Tax  that  may 
hereafter  be  raised  for  the  ]iurposes  aforesaid,  and  that  the  Monies  which  they  have 
heretofore  paid  may  be  restored. 

In  the  House  of  Representatives.  The  House  resumed  the  consideration  of  the 
Petition  and  Resolved  that  the  Petitioners  notify  the  Proprietors  of  the  Lands  in 
Ashfield  of  this  Petition  and  also  of  the  Paper  accompanying  the  same  called  an  Ac- 
count of  the  sufferings  of  the  Church  in  Ashfield,  by  serving  the  Clerk  of  said  Pro- 
prietors with  a  Copy  of  the  said  Petition  and  Paper  that  they  may  shew  cause  ou 
the  second  Weelnesday  of  the  next  May  Session  of  the  Genei'al  Court  why  the 
prayer  should  not  be  granted,  and  that  the  sale  of  the  Petitioners  Lands  be  staid  in 
the  meantime.  In  Council,  Read  and  Concurred,  Consented  to  by  the  Lien'  Gov- 
ernor Apl  26"'  lTiO."—C'jiinri',  Records,  vol.  XXVIII.,  p.  151. 

"  To  his  Honor  the  Lieutenant  Governor,  the  honorable  his  Majesty's  Council, 
&  the  honorable  House  of  Representatives  in  General  Court  assembled. — 

The  Petition  of  the  Baptist  Committee  of  grievances,  acting  in  the  Name  and  by 
the  Appointment  of  the  IJaptist  Churches  met  in  Association  at  Bellingham  in  this 
Province  the  11"'-,  12"\  &  13th  days  of  Sejiteinber  last, — humbly  sheweth. 

That  altho'  the  Baptists  have  been  repeatedly  disappointed  in  their  Addresses  to 
the  General  Court,  and  have  not  obtained  that  Relief  from  their  Distresses  which 
We  humbly  conceive  all  our  people  are  intitled  to  as  Men,  and  Christians,  and  Sub- 
jects of  a  free  Government;  yet,  very  unwilling  to  leave  any  mean  untryed,  and  hop- 
ing all  things  from  this  Court,  We,  the  Coinittee  aforesaid,  Avitli  great  earnestness, 
and  seriousness  do  recommend  Ourselves  to  you.  Gentlemen,  whom  we  consider  as 
the  Gaurdiaus  of  Our  Rights  and  Privileges  as  well  Religious  as  Civil,  the  Protect- 
ors of  the  Injured,  the  Fathers  of  Our  Common  Country;— And  beg  leave  to  say 
that  we  are  encouraged,  in  this  Our  Address,  from  the  Consideration  of  the  Rights 
of  Mankind  having  been  so  well  defined  in  the  Votes  of  this  Honorable  House,  by 
which  We  are  taught  to  think  '  That  No  Taxation  can  be  equitable  where  such  Re- 
straint is  laid  upon  the  Taxed  as  takes  from  him  the  Liberty  of  giving  his  Own  Money 
Freely' — This  being  True,  permit  Us  to  ask — With  what  Equity  is  Our  Property 
taken  from  Us,  not  only  without  Our  Consent,  but  violently,  contrary  to  our  Will; 
and  for  such  purposes,  as  we  cannot,  fti  faithfulness  to  that  Stewardship  with  which 
God  hath  Entrusted  Us,  favour— Permit  us  therefore  to  lay  before  this  honorable 
Court  the  grievances  of  which  We  complain  and  pray  your  friendly,  as  well  as  Legis- 
lative Inter]iosition;  that  Our  Brethren  may  be  saved  from  threatening  Ruin;  who 
have  suffered  much  in  their  Persons,  and  Estates,  to  the  great  disquietude  of  their 
Minds,  and  Distress  of  their  small  and  Chargeable  Families;— And  these  Evils  have 


[Notes.]  Province  Laws.— 1768.  1039 

arisen  from  some  of  the  Laws  of  this  Province,  which  are  Ecclesiastical  in  their  Na- 
ture, and  bear  hard  upon  Us,  and,  as  we  think,  deprive  Us  of  a  Charter  privilege; 
Especially  One  Law,  made  iu  favour  of  the  Proprietors  of  the  Town  of  Ashfield,  in 
the  County  of  Hampshire;  which  is  contrary  to,  and  in  Respect  to  that  Town,  super- 
sedes all  Acts  of  General  Court  heretofore  enacted,  and  declared  to  be  in  favour  of 
Baptists —  In  consequence  of  which  Law,  and  by  a  power  granted  in  the  same  to 
the  proprietors  of  Ashfield  aforesaid,  Three  hundred  &  ninety  eight  Acres  of  Our 
Lands  have  been  sold  to  build,  and  remove,  and  repair  when  moved,  a  Meeting 
house,  in  which  we  have  JVo  part,  tlio'  Our  Money  helpt  to  build  it;  and  to  settle 
and  support  a  Minister  whom  we  cannot  hear.  The  Lands  were  valued  at  £363  L 
My,  sold  for  £19,  3  /  L  My ;  so  that  Our  Loss  is,  £344.  L  My— part  of  the  Lands  afore- 
said belonged  to  the  rev"*  Ebenf  Smith  a  regularly  Ordained  Baptist  Minister,  who, 
together  with  his  Father  and  others,  their  Brethren,  in  the  last  Indian  War,  built  at 
their  Own  Expence,  a  Fort,  and  were  a  Frontier;  and  this  they  did  for  two  years 
without  any  help  from  any  Quarter;  from  which,  we  beg  leave  to  say,  that  they 
deserve  at  least  the  common  privilege  of  the  Subjects  of  the  Crown  of  England 
— Part  of  said  Lands  had  been  laid  out  for  a  burying  place,  and  they  have  taken 
from  Us  Our  Dead. — They  have  also  sold  a  Dwelling  House,  and  Orchard,  and  puU'd 
up  Our  Aple  Trees,  and  thrown  down  Our  fences,  and  made  our  fields  waste  places 
— Permit  Us  further  to  add,  That  the  Act  of  the  General  Court  made  with  Design 
to  favour  Us,  and  for  the  same  purpose  hath  been  renewed  from  time  to  time,  is  at- 
tended with  such  Difficulties  as  render  it  ineffectual,  in  many  Instances,  and  by  No 
Means  sufficient  to  answer  the  good  purposes,  for  which,  we  are  willing  to  believe, 
the  Honorable  Court  intended  it — The  Difficulties  arising  from  this  Quarter  of  which 
we  complain  we  are  ready  to  lay  before  the  House  whenever  it  shall  please  them  to 
call  upon  Us. — 

We  must  beg  your  Indulgence  while  we  recite  One  thing  more,  which  we  deem 
hard,  and  that  is,  a  Proviso,  in  the  above  mentioned  Law,  or  Act  of  General  Court, 
by  which  No  Baptist  can  avail  himself  even  of  that  Law  in  New-settled  Towns,  and 
we  are  thereby  virtually  prevented  from  settling  in  such  N(!w  Towns. 

Should  we  go  thro'  with  an  Enumeration  of  all  Our  Grievances  we  must  take  up 
too  much  of  the  time  of  this  Honorable  Court,  which  we  arc  unwilliug  to  do;  We 
therefore  pray  the  General  Court  to  relieve  Us  in  the  following  Instances;  viz' — 

1st  i^Q  repeal  a  Law  entitled  "  An  Act  in  atldition  to  an  Act,  entitled,  An  Act  for 
erecting  the  New  Plantation  called  Iluiitstown  in  the  County  of  Ilnixps/iire,  into  a 
Town  by  the  name  of  Ashjield — And  restore  to  the  Baptists,  in  said  Town,  the  Lands 
which  have  been  taken  from  them  to  support  the  Minister  settled  by  Law,  and  give 
them  Damages  for  the  great,  and  many  Injuries  they  have  been  made  to  suffer. 

2diy  To  enable  Our  Brethren  in  Different  parts  of  the  Province  to  recover  Damages 
for  the  Losses  they  have  been  made  to  sustain  on  a  Religious  Account. 

3diy  To  grant  perpetual  Exemption  to  all  Baptists,  and  their  Congregations  from 
all  Ministerial  Rates  whatsoever  according  to  the  full  Intent  and  meaning  of  the 
Charter  of  the  Province;  that  we  may  all  enjoy  full  Liberty  of  Conscience,  as  Others 
his  Majesty's  Subjects,  in  this  Province,  And  also  to  disannul  all  such  Rates  laid 
heretofore  on  any  of  Our  people  in  this  Government.  And  your  Petitioners  as  in 
Duty  bound  shall  ever  pray 

Sign'd  in  Behalf  of  y«  Whole  Com«e  Sam'-  Stillman 

Hugh  Smith 
John  Davis."— M^iss. 
Archives,  vol.  14,  p.  592. 

"  Nov.  15, 1770.    A  petition  of  the  ReVl  Samuel  Stilhnan  and  others  a  Committee  " 
of  the  Baptist  Churches  met  in  association  at  Billingham  in  Septem''  last— Repre- 
senting the  difficulties  they  in  general  labour  under,  and  particularly  their  Brethren 
in  the  Town  of  Ashfield,  and  praying  releif. 

In  the  house  of  Representatives,  Read  and  ordered  that  the  proprietors  of  the 
Town  of  Ashfield  be  notifyed  of  this  jtetition  that  they  may  shew  Cause  if  any  they 
have,  on  the  second  Tuesday  of  the  next  Setting  of  this  Court  why  the  prayer  thereof 
should  not  be  granted  and  that  the  petitioners  give  such  notice  to  the  said  proprietors 
by  causing  the  Clerk  of  the  said  proprietors  to  be  served  with  a  Copy  of  this  peti- 
tion and  this  order  fifteen  days  before  the  next  sitting  of  this  Court,  and  that  all 
further  proceedings  upon  an  Act  of  this  province  intituled  '  An  Act  in  addition  to 
an  Act  intituled  An  Act  for  erecting  the  New  plantation  called  Iluntstown  in  the 
County  of  Hampshire  into  a  Town  by  the  Name  of  Ashfield,'  be  staid  in  the  mean 
time.    In  Council  Read  and  Concurred."— C'oh»/77  liecords,  vol.  XXVIII.,  p.  39(i. 

"  To  his  Excellency  Thomas  Hutchinson  Esq  Captain  General  and  Commander  in 
Chief  of  his  Majesty's  Province  of  the  Massachusetts  bay  &c  &c 

The  honourable  his  Majesty's  Council,  and  the  honourable  House  of  Representa- 
tives in  General  Court  assembled  at  Cambridge  the  27"!  day  of  March  A  D  1771— 

The  proprietors  of  the  town  of  ashfield  in  the  county  of  hampshire  having  been, 
by  order  of  the  honourable  general  court  at  their  session  in  uovember  last,  notified 
of  ye  petition  of  three  of  the  baptist  committee  of  grievances,  acting  in  the  name  & 
by  the  appointment  of  the  baptist  churches  met  in  assosciation  at  bellingham  in  this 
province  in  September  last,  then  preferred  to  the  s<i  general  assembly,  that  the  said 
proprietors  might  on  the  second  tuesday  of  the  next  session  of  the  said  court  shew 
cause,  if  any  they  have,  why  the  first  prayer  of  the  said  petition  should  not  be 
granted;  &  having  taken  the  said  petition  and  order  into  their  consideration,  beg 
leave,  by  their  committee  whose  names  are  hereto  subscribed  to  return  the  following 
answer,  as  containing,  in  their  humble  ojiinion,  clear  and  sufficient  reason  why  the 
said  first  prayer  of  the  said  petition  should  not  be  granted.— But,  because  the  griev- 
ances comiilained  of,  tho'  said  especially  to  arise  from  the  act  mentioned  in  the  said 
first  prayer  of  the  petition,  are  general  grievances,  before  they  enter  upon  y«  matters 


1040  Province  Laws.— 1768.  [Notes.] 

intended  more  directly  in  answer  to  that  first  prayer,  the  proprietors  conceive  it  to 
be  both  i^roper  and  necessary  to  offer  some  things,  more  generally,  in  answer  to  the 
jjetition.  They  also  conceive  it  to  be  a  duty  they  owe  to  God  and  their  Country,  not 
to  be  dispensed  with,  as  well  as  to  You,  gentlemen,  (considered,  with  great  propriety, 
by  the  petitioners  as  the  guardians  of  our  religious  and  civil  rights,  protectors  of  y^ 
injured  and  the  fathers  of  our  common  country)  to  lay  open  the  character  and  real 
springs  of  action,  of  some  of  those  people  in  this  part  of  the  province,  of  late,  and 
not  till  lately,  called  baptists  or  anabaptists;  tho'  they  mean  to  have  a  more  especial 
regard  to  those  of  this  denominatiou  at  ashfield.  The  said  proprietors  beg  leave 
therefore  to  remark  in  the  first  place,  that  the  rtde  the  ijetitioners  have  set  up,  &  on 
which  alone  they  seem  to  ground  their  claim  of  exemption  from,  what  they  are 
pleased  to  call,  grievances  and  which  they  are  forced  by  the  laws  of  this  government 
to  suffer,  is  falsely  cqyplied,  and  therefore  all  arguments  bottomed  on  it  must- be  incon- 
clusive. Natural  rights  (and  the  petitioners  in  this  argument  can  mean  no  other)  as 
the  respondents  humbly  conceive,  are  in  this  province  wholly  superseded  in  this 
case  by  civil  obligation;  and  in  matters  of  taxation  individuals  cannot  with  the  least 
jiropriety  plead  them ;  and  the  plea  of  injustice  in  taking  away  their  property  by 
law,  because  they  cannot  feel  themselves  willing  to  give  it  (and  this  is  the  evident 
basis  of  the  petitioners  plea)  will  in  its  consequences,  if  admitted,  forever  exempt  all 
men  in  the  province  from  the  payment  of  public  taxes  if  they  should  happen  not  to 
be  inclined  to  ]iay  them.  The  question  therefore  that  seems  evidently  to  arise  with 
respect  to  these  people  is  this,  as  we  humbly  apprehend,  whether  good  policy  dic- 
tates or  requires  the  holding  them  still  under  their  civil  Obligation  in  this  instance, 
or  the  releasing  them  from  it  and  in  the  present  case  restoring  them  to  a  state  of 
nature  ?  And  of  this  the  respondents  are  sure  your  excellency  and  honours  can- 
not rightly  judge  unless  the  real  character  and  true  springs  of  action  of  the  people 
pi'ofessiug  themselves  baptists,  in  this  part  of  the  county  in  particular,  (we  pi'ofess 
not  to  be  acquainted  with  others)  are  fairly  laid  before  you. 

And  here  the  truth  obliges  us  to  declare,  that  those  people  with  and  about  us,  who 
liave  now  assumed  the  name  of  anabaptists  were  originally  separates,  as  they  were 
vulgarly  called,  from  the  established  churches,  without  other  name  or  distinguish- 
-ing  appellation  than  that  of  Separatists.  The  causes  or  springs  of  whose  separation 
have  been  such  as  these— to  wit  with  some  it  was  an  unconquerable  desire  of  being 
teachers ;  a  privilege  or  indulgence  which  could  be  no  otherwise  insured  to  them, 
but  by  a  disorderly  separation  from  the  churches  to  which  they  belonged  and  seting 
up  a  meeting  of  their  own  (a  thing  easily  effected  when  enthusiasm  runs  high) 
calculated  for  their  purpose,  and  regulated  according  to  their  own  peculiar  taste. 
Others  have  gone  off  on  account  of  some  disgust  or  prejudice  taken  and  imbibed 
either  against  their  minister  or  some  of  their  brethren,  which  their  virtue  was  not 
sufficient  to  overcome  and  remove — 

Some  have  left  the  Churches  and  gone  to  those  people  because  they  had  been 
guilty  of  such  offences  as  justly  exposed  them  to  a  kind  of  discipline  to  which  they 
could  not  feel  themselves  willing  to  submit.  And  some  have  had  the  effrontery  to 
say,  that  the  standing  ministry  is  corrupt,  ministers  themselves  unconverted,  the 
churches  impure  &  unholy,  admitting  unconverted  and  unsanctified  persons  iiito 
their  communion  &c  In  a  word  these  meetings  or  churches  or  whatever  else  they 
might  be  called,  as  well  since  as  before  they  took  their  present  denomination,  have 
been  a  kind  of  receptacle  for  scandalous  and  disorderly  christians;  and  may,  with 
some  degree  of  jiropriety,  be  considered  as  a  sink  for  some  of  the  filth  of  Christian- 
ity in  this  part  of  the  country;  and  on  this  account,  chiefly,  do  they  merit,  (if  this 
be  meritorious) — Thus  pride,  vanity,  prejudice,  impurity  anil  uncharitableuess  seem 
to  have  originated,  and  much  also  to  have  supported  a  sect  so  pure  that  they  cannot 
hold  communion  with  ordinary  christians.  We  would,  however,  candidly  suppose 
some  of  these  jieople  have  been  influenced  by  motives  in  themselves  good  and  pure, 
but  by  their  connections  and  converse  they  must,  by  this  time  have  much  forfeited 
their  former  right  to  candour  and  a  charitable  judgment— People  whose  springs  of 
action  are  so  low  and  corrupt  cannot  reasonably  be  supposed  to  be  influenc'd  in 
their  religious  matters  by  virtuous  and  steady  principles,  accordingly  it  has  been 
ever  found  from  their  original  that  they  have  no  stability,  nor  their  covenants  any 
perpetuity;  For  some  of  them,  after  entering  into  their  peculiar  kind  of  covenant, 
have  broke  to  pieces  &  formed  anew  three  or  four  times  within  about  thirty  years; 
And  even  at  this  day,  one  of  these  separate  soscieties  (professing  now  to  be  baptists) 
whose  whole  number  collected  out  of  several  towns— amounts  only  to  twenty  male 
members,  or  thereabouts,  is  divided  into  two  jiarts,  the  one  too  pure  for  communion 
with  the  other.  And  thus  they  have  been  in  a  fluctuating  unstable  state  from  the 
beginning.  Apprehending  at  length  that  some  distinguishing  appellation  might 
intitle  them  to  more  notice  and  respect,  and  hoping  at  the  same  time  to  serve  a  pur- 
pose they  have  long  appeared  to  have  in  view,  viz  the  sa^'iug  of  their  mony,  they 
have  of  late  collected  and  formed  their  divided  and  broken  numbers  into  one  bap- 
tist, or  anabaptist  sosciety  or  church;  from  which  as  was  observed  above  some  have 
already  gone  off.  It  would  be  tedious,  and  more  than  the  respondents  choose  at 
present,  to  enter  so  minutely  into  the  history  of  these  peof)le  as  otherwise  might  be 
proper  to  establish  tl^e  matters  above  alledged;  whenever  it  shall  be  thought  neces- 
sary it  can  and  will  be  done— 

At  present  we  shall  content  ourselves  with  assuring  your  excellency  and  honours 
that  the  foregoing  account  is  not  exaggerated. 

We  I'.eg  leave  to  observe  here,  that  "as  it  belongs  to  the  justice  of  the  legislature 
to  protect  and  support  all  regular  religious  soscieties  of  protestants  of  every  denom- 
ination, so  it  equally  belongs  to  their  wisdom  and  prudence  not  to  encourage  such 
as  cannot,  in  any  tolerable  sense,  answer  the  valuable  ends  of  religion  to  the  Com- 
munity—The  legislature,  we  humbly  conceive,  cannot,  lOith  any  propriety,  interpose 


[Notes.]  Province  Laws. — 1768.  1041 

in  matters  of  religion,  farther  than  to  secure  the  f/ood  and  prevent  the  ill  effects  of  it 
to  the  state.  Whenever,  then,  any  religion  or  profession  wears  an  ill-aspect  to  the 
state,  it  is  become  a  proper  object  of  attention  to  the  legislature— Of  this  Ijind,  most 
evidently,  is  that  religion  which  rejects  men  of  learning  and  ability  for  teachers, 
and  altogether  chooses  such  as  are  illiterate  and  men  of  ordinary  abilities.  It's 
evils  do  not  need  to  be  pointed  out.  It  may  suffice  to  mention  one  thing  which  is  a 
clear  consequence  of  it,  and  that  is  a  kind  of  poisoned  enthusiasm  which  perplexes 
and  endangers  tlie  churches — And  this  is  the  religion  of  y«  people  whom  we  have 
been  describing — 

It  is  therefore  humbly  hoped  that  if  any  farther  indulgencies  or  exemptions 
should  be  granted  the  baptists,  a  just  and  necessary  distinction  may  be  made  be- 
tween those  soscieties  which  are  regularly  formed  and  properly  organised,  and  such 
whose  very  being  reproaches  religion,  and  their  principles  subversive  of  all  those 
ends  of  it  which  it  is  the  proper  business  of  y«  legislature  to  secure  to  the  state  as 
far  as  shall  be  found  practicable — 

Having  said  these  things,  in  general,  we  beg  to  be  heard  more  particularly  in 
answer  to  the  first  prayer  of  the  said  petition — And  in  the  first  place  would  observe 
to  your  excellency  and  honours,  that  ashfield,  formerly  liuntstown,  is  a  township 
which  was  granted  to  a  number  of  persons  for  public  services  then  thought  to  merit 
such  a  favour.  The  grant,  however,  was  upon  these  conditions  (besides  certain 
reservations  that  were  made)  to  wit,  that  the  grantees  or  their  assigns  should  settle 
sixty  families  in  the  township,  build  a  meeting  house,  and  settle  a  learned  orthodox 
minister  of  the  gospel  there,  or  in  other  words,  a  legal  minister — And  without  per- 
forming the  Conditions  of  the  grant,  we  apprehend  neither  the  original  grantees  or 
their  assigns  could  hold  their  lands — If  any  certain  time  was  limited  for  the  fulfill- 
ing these  conditions,  the  impossibility  of  doing  it  on  account  of  the  Indian  wars, 
has  procured  us  the  favour  of  the  government,  &  the  forfeiture  has  not  been  taken. 
As  soon  as  it  was  found  practicable  the  proprietors  begun  the  settlement,  and  have 
ever  since  been  pursuing  the  business  as  fast  as  might  reasonably  be  expected  under 
those  difficulties  &  embarrassments  which  have  been  assiduously  thrown  in  the 
way — 

The  respondents  beg  leave  to  shew  in  the  next  place  that  the  monies  wliicli  have 
been  granted  and  raised  by  virtue  of  the  act  complained  of  by  the  petitioners,  have 
been  raised  chiefly  for  the  purposes  of  fulfilling  those  conditions  above  mentioned 
and  for  repairing  the  ways— And  it  ought  to  have  prevented  the  complaints  of  these 
people  to  consider,  that  they  were  under  the  same  necessity  to  raise  these  monies 
that  the  other  proprietors  were,  in  order  to  hold  their  estates.  They  took  their 
lands  upon  conditions  well  known;  if  they  now  dislike  them,  reason  and  common 
sense  loudly  proclaim  that  they  ought  to  sell  their  estates  to  those  who  would 
gladly  purchase  them  with  those  conditions  annexed,  or  else  that  they  entirely  hold 
their  peace — And  we  trust,  when  facts  are  truly  &  fully  stated  to  your  excellency 
and  honours,  you  will  find  these  people  have  not  now,  and  indeed  never  had  any 
just  ground  of  complaint  against  us  on  account  of  our  having  sold  their  lands;  so  far 
from  this,  they  have  even  wilfully  &  perversely  obliged  us  to  do  it. 

By  the  act  complained  of  the  proprietors  of  Ashfield  were  not  only  enabled  to 
raise  mony  for  building  their  meeting  house  and  repairing  their  ways,  but,  as  was 
reasonable  in  the  infant  state  and  low  circumstances  of  the  inhabitants  at  that  time 
and  perfectly  agreable  to  or  rather  in  exact  pursuance  of  the  true  spirit  of  y«  Con- 
ditions upon  which  they  held  their  estates,  perplexed  too  as  they  were  by  the  bap- 
tists, they  were  also  impowered  to  raise  mony  for  the  support  of  their  minister; 
and  for  these  purposes  have  they  raised  monies  as  they  had  occasion — To  show  that 
this  grant  of  power  to  y«  proprietors  to  raise  mony  for  supporting  their  minister  was 
perfectly  conformable  to  the  spirit  of  the  conditions  of  the  original  grant  of  their 
lands,  we  beg  leave  to  observe.  That  the  obligation  or  injunction  laid  upon  the  pro- 
prietors by  the  government  to  settle  sixty  families  and  a  minister,  can  have  no  other 
so  worthy  and  generous  intendment  as  this,  viz  That  all  the  proprietors  of  whatever 
denomination  should  contribute  equally  towards  the  support  of  the  first  legal  minis- 
ter, until  the  people  supporting  him  should  amount  to  sixty  householders  in  number; 
and  if  the  best  and  most  worthy  intendment  be  the  best  rule  of  construction,  then, 
as  there  was  not  at  the  time  of  making  this  grant  of  power  to  the  proprietors  that 
number  of  householders  actually  there,  the  consequence  is  clear  that  the  monies 
raised  by  virtue  of  the  act  were  merely  for  the  purpose  of  performing  y<=  Conditions 
of  ye  grant,  even  that  for  supporting  the  minister  among  the  rest — 

As  the  proprietors  have  assessed  the  monies  raised  for  these  several  purposes, 
generally  &  indiscriminately,  the  baptists  have  ever  taken  advantage  of  it,  and 
worked  out  their  rates  upon  the  ways  (heedfully  however  spending  that  labour  upon 
those  ways  which  might  more  immediately  benefit  themselves,  which  ought  to  have 
been  laid  out  on  the  ways  in  general  in  the  Town)  And  by  this  means  they  have  fre- 
quently brought  the  proprietors  into  their  debt  and  received  orders  upon  the  treas- 
ury—This notwithstanding,  when  called  upon  for  their  rates  they  have  refused  to 
pay  them  and  taken  the  mony  due  for  that  labour  out  of  the  Treasury;  and  thus 
forced  us  into  measures  of  which  they  now  unreasonably  complain.  And  so  far 
have  we  been  from  a  wanton  and  unreasonable  use  of  the  power  given  us  by  that 
act,  and  wholly  to  take  away  the  plea.of  inability,  when  their  lands  have  been  by 
such  perverseness  forced  upon  sale  to  raise  their  rates,  we  have  frequently  offered 
them  the  loan  of  our  mony  to  prevent  y*  sale,  and  it  hath  been  as  often  rejected. 

We  beg  leave  to  observe  before  we  finish  this  head,  that  the  representation  the 
petitioners  make  in  their  petition  is  both  very  unfair  and  false— They  rei)resent  that 
398  acres  of  their  land  worth  £.303  lawful  mony  have  been  sold  for  £19.  3.  for 
building  a  meeting  house  in  which  they  have  no  part,  and  for  setling  and  supporting 
a  minister  they  cannot  hear.    As  the  valuing  their  lands  is  wholly  arbitrary,  they 


1042  Province  Laws.— 1768.  [Notes.] 

may  fix  that  value  as  they  please;  we  do  not  believe  they  are  of  so  great  value — 
But,  as  to  the  number  of  acres  sold,  the  representation  is  not  true,  there  having  been 
only  306  acres  sold  in  the  whole — If  y^  sum  for  which  it  was  in  fact  sold  be  really 
small,  the  proprietors  are  not  to  be  charged  with  fault— There  was  not  only  great 
care  taken  to  sell  those  lands,  the  sale  of  which  might  least  incommode  the  owner, 
but  great  pains  also  to  obtain  the  value  of  them— but  the  highest  bidder  according 
to  custom  must  have  it— and  purchasers  can't  be  laid  under  any  force  or  control  in 
those  cases — 

That  the  proprietors  have  ever  knowingly  sold  any  of  their  lands  laid  out  for  a 
burying  place,  is  not  true.  One  of  the  lots,  part  of  which  is  sold,  we  have  since  the 
sale  been  informed  has  had  one  still-born  infant  buried  in  it;  but  whether  y^  lines 
including  the  part  sold  will  take  in  that  infant ;  is  matter  of  real  doubt  and  uncer- 
tainty; however  this  may  be,  we  can  truly  say,  we  have  no  disposition  to  disturb 
their  dead.  The  charge  of  our  having  sold  a  dwelling  house,  we  are  constrained  to 
say,  is  notoriously  untrue.  As  is  that  also  of  our  pulling  up  their  apple-trees  and 
throwing  down  their  fences. 

The  former  is  so  far  from  the  truth,  that  we  have  ever  been  desirous  to  know 
where  the  loss  of  their  lands  would  least  hurt  them,  and  scrupulously  endeavoured 
to  serve  them  in  this  particular;  altho'  when  we  have  made  the  inquiry  y«  answer 
has  been  'sell  where  you  please  ' — The  petitioners  further  say  that  the  proprietors 
have  sold  part  of  the  lands  of  '  the  Rev<i  Ebenezer  Smith  a  regularly  ordain'd 
'  baptist  minister ' — As  this  seems  to  be  particularly  pointed  &  is  clearly  intended  to 
represent  a  grievance  of  a,  peculiar  and  extraordinary  kind,  the  respondents  humbly 
trust  they  shall  be  indulged  a  manly  and  just  freedom  in  their  remarks  upon  it,  & 
by  the  gravity  and  seriousness  of  these  remarks  shall  hope  to  set  their  candour  and 
good  temper  in  the  best  light  at  the  same  time— In  answer  then  to  this  part  of  y^ 
charge  we  confidently  affirm  that  y^  same  is  grossly  collusive,  and  nothing  less 
than  an  insult  upon  this  hon^'e  Assembly — That  there  is  such  a  man  as  Ebenezer 
Smith,  is  true — That  this  same  Ebenezer  Smith  is  '  a  i-egnlarbj  ordained  ininister '  in 
a  legal,  or  scriptural,  or  any  other  commonly  received  sense  of  y«  words,  is  as  no- 
[1692-93,  chap,      toriously  not  true.    By  an  antient  statute  of  this  province  a  minister  is  to  be  '  able 

iiT-iQ  fio    \\  learned,  orthodox ' — By  a  later  statute  in  addition  to  it,  no  man,  who  has  not  had 

17&9-60,  chap,      g^jj  education  at  some  university  College  or  public  academy,  or  received  a  degree 
'•'  from  one  of  these,  or  at  least  received  testimonials  respecting  his  being  qualified  for 

the  work  of  the  ministry  from  the  major  part  of  the  ministers  in  the  county  in  which 
he  is  minister,  is  intitled  to  the  benefits  expressly  provided  in  the  law  for  ministers 
— and  therefore  in  law  is  not  a  minister.  And  one  who  has  not  some  of  those  quali- 
fications cannot,  especially  in  an  address  to  y^  legislature,  with  any  propriety  or 
truth,  be  called  a  regularly  ordain'd  minister.  And  that  this  M^  Smith  has  no  one  of 
the  requisites  or  qualifications  pointed  out  above,  not  only  we,  but  the  petitioners 
themselves  perfectly  know;  except,  perhaps,  orthodoxy — And  even  of  this  we  must 
doubt,  if  ability  constitutes  in  jiart,  the  rule  for  determining  this  point— In  proof  of 
his  unfitness  in  point  of  ability,  (and  he  can  have  nothing  else)  it  shall  suffice  to  note 
one  instance  of  his  weakness  and  unpardonable  ignorance  as  a  teacher — taking  oc- 
casion to  say  something  in  one  of  his  discourses  upon  that  passage  of  scripture  in 
which  mention  is  made  '  of  the  thick  bosses  of  God's  buckler ' — instead  of  '  buck- 
ler ' — he  gave  his  hearers  y«  word  '  butler ' — being  interrogated  by  one  occasionally 
present  as  to  his  meaning,  he  explained  himself  so  as  clearly  shewed  he  meant  to 
connect  the  other  part  of  y*  sentence  with  '  butler  ' — in  the  proper  and  commonly 
received  sense  of  the  word.  And  we  have  good  reason  to  conclude  he  still  remains 
unassisted  by  any  extraordinary  supernatural  light  or  influence;  and  at  the  same 
time  to  say,  that  he  has  none  of  y^  qualifications  of  a  minister  according  to  the  laws 
of  Christ,  or  of  this  province,  unless  those  of  simplicity  and  orthodoxy — He  will 
appear  still  less  to  deserve  so  high  a  stile  when  it  is  considered,  that  the  governing 
views  in  his  ordination  were,  the  preventing  the  proprietors  any  advantage  from  y^ 
legal  &  regular  settlement  of  the  ministry  among  them,  and  their,  that  is,  the 
baptists  availing  themselves  of  the  right  and  other  advantages  which  belonged  to 
the  first  legal  incumbent. 

We  mention  this  not  only  to  support  the  charge  of  collusion  &  abuse,  but  also  to 
convince  your  excellency  and  honours,  that  y«  people  who  with  such  views  will 
ordain  and  receive  such  a  teacher,  cannot  greatly  merit  of  the  government — These 
things  might  be  sufficient  to  shew  that  their  whole  complaint  (or  indictment  rather) 
is  groundless,  but  since  they  have  represented  their  situation  as  most  disastrous  and 
sad  under  an  administration  as  just  and  mild  as  any  under  heaven,  and  seem  to  be 
claiming  exemptions  Tipon  the  plea  of  conscience,  we  must  beg  to  be  heard  a  word 
upon  this  point  also — &;  In  order  to  show  that,  both  the  plea  of  these  people  and 
their  claim  upon  that  plea  are  groundless,  we  would  observe  that  their  pretensions 
cannot  be  supported  by  facts.  Those  who  first  left  the  churches,  (and  those  also 
who  have  gone  off  since)  separated  upon  some  of  those  grounds  of  separation  above 
pointed  out.  The  leader  and  father  of  the  separates  (as  they  are  most  properly 
called)  at  Ashfield  left  y«  church  of  south  hadley  among  other  reasons  because  they 
did  not  see  fit  to  espouse  a  quarrel  he  had  engaged  in  with  one  of  the  brethren,  for 
telling  a  most  trifling  story  about  his  pulling  the  teeth  of  his  own  children  to  make 
trial  of  certain  instruments  he  had  been  constructing  for  the  purpose — So  far  from 
being  baptists,  they  never  for  a  course  of  years,  to  our  knowledge,  pretended  to  be 
of  that  denomination;  or  thought  of  refusing  to  pay  taxes  with  us;  but  were  acting 
and  voting  with  us  in  the  affairs  of  the  propriety — And  their  conduct,  both  then  and 
ever  since,  has  savour'd  more  of  a  high  kind  of  quakerism,  than  any  thing  Else — 
{in  7'eligion)~ThG  truth  is  at  first,  and  for  some  time,  they  neither  knew  what  they 
were  nor  how  to  name  themselves — Pride  and  vanity  (some  Of  the  earliest  springs  of 
separation)  having  caused  them  irregularly  and  unwarrantably  to  leave  the  humble 


[Notes.]  Province  Laws. — 1768.  1043 

post  of  the  ordinary  and  modest  christian  for  that  of  teachers,  they  exercised  them- 
selves in  this  business  till  it  had  grown  somewhat  easy;  their  importance  and  the 
difficulty  of  a  return  to  their  duty  encreasing  in  pretty  equal  proportion,  it  soon 
became  impossible  for  persons  so  holy  as  they,  and  favoured  with  such  an  extraor- 
dinary friendly  correspondence  with  heaven  as  they  were,  to  submit  to  the  humili- 
ating circumstances  that  must  attend  a  dutiful  return  to  their  first  station — Thus 
they  have  been  forced  by  their  pride  into  that  religious  course  in  which  they  still 
remain— But,  as  we  said  above,  they  have  all  along  been  anonymous,  till  they  hap- 
pened upon  the  lucky  name  of  baptists;  assumed,  we  have  no  doubt,  to  serve  that 
grand  purpose  their  petition  holds  up  to  view — This  account,  we  humbly  trust,  will 
not  only  fully  wipe  off  or  prevent  the  reproach  intended  us,  but  also  place  y*  govern- 
ment in  a  better  point  of  light  than  has  been  intended  by  them. 

On  the  whole,  as  the  act  complained  of  was  made  to  aid  the  proprietors  in  per- 
forming the  Conditions  of  the  grant  of  the  township,  and  did  not  extend  their  power 
further  than  was  clearly  necessary,  as  the  proprietors  have  always  endeavour'd  reli- 
giously to  conform  in  their  proceedings  to  y*  directions  of  it  and  never  wantonly  or 
unnecessarily  sold  the  lands  of  y«  baptists,  and  as  the  people  of  this  denomination  at 
ashfield  cannot  ground  a  claim  of  favour  upon  any  of  those  valuable  ends  of  religion 
to  the  community,  which  every  profession  entering  such  claim  ought  manifestly  to 
answer,  the  respondents  rest  assured,  that  your  excellency  and  honors  will  not,  for 
anything  offered  by  the  petitioners,  grant  their  prayer  for  the  repeal  of  the  said  act — 
For  the  same  reasons,  together  with  these  in  addition,  to  wit,  that  the  taxes  for  pro- 
curing which  the  baptists  lands  were  sold,  were  raised  for  purposes  which  they  were 
equally  with  us  bound  to  see  effected,  and  in  effecting  of  which  they  as  a  body  and 
as  individuals  have  really  profited,  and  that  it  would  be  both  unjust  and  illegal  and 
set  the  government  against  itself  to  order  restitution  or  damages  according  to  the 
prayer  of  the  petition,  they  rest  farther  assured,  that  for  any  thing  offered  by  the 
petitioners  your  excellency  and  honours  cannot,  and  therefore  they  humbly  trust 
you  will  not  grant  any  part  of  the  said  first  prayer  of  the  petition— all  which  We 
numbly  submit  to  this  honourable  Court. — and  as  in  duty  bound  will  ever  pray  &c — 

Jonathan  Taylor  1 
Timothy  Lewis       ]        Com'ee 
Samel  Beldino        J^        of  the 
Benja  Phillips       (  s"! 

Philip  Phillips      J  Proprietors." 
— Mass.  Archives,  vol.  14,  p.  596. 

"  Apr.  12,  1771.  A  Petition  of  Benjamin  Beal  and  others  Projmetors  of  Lands  in 
Ashfield  in  the  County  of  Hampshire— Setting  forth  That  a  number  of  the  Propri- 
etors of  the  said  Ashfield  unknown  to  the  Petitioners  applied  to  the  General  Court 
and,  in  the  eighth  year  of  his  Majesty's  Reign,  obtained  an  Act  to  impower  the  said 
Proprietors  to  raise  Monies  for  sundry  uses  in  said  Act  mentioned;  by  virtue  of 
■which,  large  Sums  of  Money  have  been  assessed  on  the  Lands  in  said  Town,  which 
have  been  paid  by  the  Proprietors,  or  their  Lands  sold  for  that  purpose — That  the 
Petitioners  apprehend  this  way  of  raising  and  collecting  Monies  is  attended  with 
great  expence  and  much  wrong  thereby  oft  times  done  to  the  poor,  the  Widow  and 
the  Fatherless— And,  inasmuch  as  the  said  Proprietors  have  paid  within  eight  or  ten 
years  past  about  fifteen  hundred  pounds  lawful  money — Praying  that  they  may  be 
relieved. 

In  the  House  of  Representatives — Resolved  that  the  prayer  of  the  foregoing  Peti- 
tion be  so  far  granted  as  that  the  Petitioners  notify  the  Proprietors  of  Ashfield  of 
this  Petition  by  leaving  with  the  Clerk  of  said  Proprietors  an  attested  Copy  of  this 
Petition  that  they  shew  cause,  if  any  they  have,  on  the  second  Wednesday  of  the 
next  Session  of  the  General  Court  why  the  prayer  thereof  should  not  be  granted, 
and  that  all  proceedings  in  consequence  of  the  Law  of  this  Province,  in  the  Petition 
mentioned,  be  staid  in  the  mean  time;  the  Copy  above  referred  to,  be  left  with  the 
Clerk  of  the  said  Proprietors  thirty  days  at  least  before  the  said  second  Wednesday 
of  the  next  Session  of  the  General  Court.  In  Council,  Read  &  Concurred,  Con- 
sented to  by  the  Governor." — Council  Records,  vol.  XXVIII.,  p.  50G. 

"  Apr.  17, 1771.  A  Petition  of  the  Rev*  Samuel  Stillman  and  others  a  Committee 
of  the  Baptist  Churches  met  in  association  at  Bellingham  in  Septem'^  last— as  entered 
the  15  day  of  November  last. 

In  Council,  Read  again  together  with  the  Answer  and  Ordered  that  William  Brat- 
tle and  William  Sever  Esq"  with  such  as  the  honbie  House  shall  join  be  a  Committee 
to  take  the  same  into  consideration,  hear  the  parties  and  make  Report  what  they 
think  proper  this  Court  should  do  thereon.  In  the  House  of  Representatives,  Read 
and  Concurred  and  Cap*  Barney,  M^  Akin  and  M^  IngersoU  of  Westfield  are  joined." 
—Ibid.,  p.  519. 

"  Apr.  25,  1771.  The  Committee  appointed  the  17  instant  on  the  Petition  of  the 
Rev<i  Samuel  Stillman  and  others  a  Committee  of  the  Baptist  Churches,  made  the 
following  Report  viz' 

The  Committee  upon  the  Petition  of  the  Rev*  M^  Stillman  Smith  and  Davis  have 
attended  the  service  assigned  them  and  very  fully  heard  the  parties,  beg  leave  to 
Report— is'  That  if  said  Reverend  Gentlemen  had  in  their  Petition  treated  the  Gen- 
eral Court  with  more  good  manners  and  truth,  they  would  have  cast  no  blemish 
upon  their  sacred  Character  by  so  doing— 2<i'y  There  is  an  essential  difference  be- 
tween Persons  being  Taxed  where  they  are  not  represented,  therefore  against  their 
Wills  and  being  Taxed  when  represented  and  when  what  is  Taxed  is  only  in  conse- 
quence of  what  was  the  very  condition  of  their  Grant,  which  no  body  compelled 
them  to  enter  into,  but  was  intirely  voluntary  on  their  part;  If  a  Person  of  any 
denomination  removes  from  hence  to  England  in  order  to  purchase  a  Freehold  and 
lives  there— he  knows  what  the  consequence  will  be  as  to  his  paying  Tythes,  yet 


1044  Province  Laws. — 1768.  [Notes.] 

after  he  does  remove  and  purchase  there,  can  he  with  any  justice  complain  when 
Tythes  are  demanded,  and  upon  a  refusal  to  pay  for  them  or  to  be  destrained  on  for 
them;  or  when  a  Man  purchases  an  Estate  under  a  Mortgage  and  he  knows  it  to  be 
so,  what  sort  of  Conscience  would  that  be  that  could  not  consistent  therewith  dis- 
charge the  same?  The  Petitioners  complain  that  their  Estates  were  taken  from 
them  against  their  Wills :  and  very  right  it  should  be  so  when  their  wills  and  their 
Consciences  are  against  doing  what  they  engaged  to  do  and  what  if  they  had  not 
engaged  to  do  they  would  never  have  had  any  grant  of  them  at  all.  The  General 
Court  have  made  sundry  Laws  for  the  relief  of  Baptists:  The  last  gave  universal 
satisfaction  'till  of  late,  but  still  if  there  can  any  thing  further  be  done  for  their  relief 
consistent  with  the  Laws  of  God  or  Man,  or  not  repugnant  to  either,  your  Commit- 
tee hope  it  will  be  done,  and  therefore  upon  the  hearing  earnestly  desired  the  ReVi 
M''  Davis  in  writing  to  lay  before  the  Committee  what  he  desired  further  might  be 
done  so  as  that  we  might  lay  it  before  your  Excellency  and  Honors.  Your  Commit- 
tee would  further  observe  that  A  D  1735  upon  the  Petition  of  Ebenezer  Hunt  and 
others,  the  Court  granted  them  a  Township  of  the  contents  of  six  miles  square,  and 
that  said  Town  should  be  laid  out  into  sixty  three  equal  shares,  three  for  Public  uses, 
and  that  on  each  of  the  sixty  shares  the  Petitioners  in  three  years  from  the  confirma- 
tion of  the  Grant  settle  one  good  Family,  have  a  House  built,  six  acres  of  Land 
brought  too,  and  that  they  settle  a  learned  Orthodox  Minister  there,  build  and  finish 
a  convenient  Meeting  house  for  the  Public  Worship  of  God,  and  that  each  settler 
give  Bond  &c  to  the  Province  Treasurer  for  the  fulfilment  of  said  Conditions,  and 
if  the  duty  on  any  lot  was  not  performed,  said  Lot  with  its  rights  to  revert  and  be 
at  the  disposition  of  the  Province. — That  A  D  1765  said  Plantation  was  erected  into 
a  Township  by  the  name  of  Ashfield  wherein  it  was  Enacted  that  all  Taxes  that 
should  be  raised  for  settling  a  Minister,  for  his  support  or  for  building  a  Meeting 
house  &c  be  levied  on  the  several  Proprietors  of  said  Plantation  according  to  their 
interests  until  the  further  Order  of  the  Court:  This  Act  of  Incorporation  no  ways 
militates  with  the  Conditions  of  the  original  Grant  but  is  rather  in  affirmance  of 
them.  In  the  eighth  year  of  the  Reign  of  his  present  Majesty  there  was  an  addi- 
tional Act  to  the  first  mentioned  in  no  wise  repugnant  to  the  other,  wherein  provis- 
ion is  made  for  the  sale  of  any  Proprietors  Land  lying  in  said  Town  that  should  be 
delinquent  in  performing  the  Conditions  aforesaid.— Now  the  Petitioner  Smith  and 
others  are  aggrieved  at  these  proceedings,  say  they  are  deprived  of  their  Charter 
Right,  liberty  of  Conscience;  that  they  are  persecuted,  and  that  they  ought  to  be  free 
from  performing  these  Conditions  on  their  parts,  because  they  are  of  another  Per- 
swasion  viz'  Baptists,  and  that  by  the  Laws  of  the  Province  relating  to  the  exemption 
of  Baptists  they  are  excused;  and  the  Laws  relative  to  Ashfield  so  far  as  they  respect 
them  touching  Ministerial  charges  or  the  building  of  a  Meeting  house  should  be 
repealed  and  they  exempt  from  paying  Taxes  as  aforesaid:— Upon  which  your  Com- 
mittee beg  leave  to  observe,  that  in  humble  imitation  of  the  spirit  and  disposition  of 
the  good  people  of  this  Province  and  of  the  whole  Legislature  of  it  for  a  great  many 
years  back  if  they  thought  it  any  way  effected  liberty  of  Conscience,  in  the  least 
militated  with  any  Law  of  the  Province  in  their  favor,  we  should  Report  in  favor  of 
their  Petition,  but  we  apprehend  quite  the  contrary  for  the  reasons  following  viz' 
There  never  was  a  Law  relating  cither  to  Churchmen  Baptists  or  Quakers  exempt- 
ing them  from  paying  Taxes  considered  as  Proprietors  or  Grantees  in  a  new  Plan- 
tation. The  Laws  relative  to  them  respect  only  such  Rates  as  are  assessed  by 
Towns,  District,  or  Parish,  and  this  distinction  is  very  material  and  very  rational 
and  not  anti-christian.  The  end  and  design  of  the  Grant  of  waste  Lands  by  the 
General  Court  is  this,  that  they  shall  be  improved,  that  which  was  meer  nature 
should  be  cultivated  and  improved  for  the  increase  of  his  Majesty's  good  Subjects  in 
this  Province,  their  Trade,  produce  and  business;  this  is  quite  agreable  to  the  design 
of  King  William  and  Queen  Mary  in  their  Grant  of  the  Charter:  but  how  can  this 
be  effected  when  perhaps  half  in  every  new  granted  Township  refuse  complying 
with  the  Conditions  of  the  Grant,  pleading  Conscience,  which  Conditions  they  were 
perfectly  acquainted  with  when  they  accepted  the  Grant.  In  new  Townships  the 
Grantees  when  all  unite  to  perform  the  Conditions  go  thro'  a  vast  many  hardships 
and  encounter  a  thousand  difficulties  before  the  same  are  performed;  to  excuse  any 
under  any  pretence  whatsoever  therefore  would  be  unreasonable  and  cruel  upon  the 
rest,  if  they  were  obliged  to  do  their  own  duty  and  the  duty  of  their  delinquent 
Brethren.  Is  this  Conscience  ?  Or  is  it  conscience  that  a  Man  should  not  be 
obliged  to  do  what  he  hath  solemnly  and  voluntarily  covenanted  to  do  ?  Now  what 
other  method  can  be  devised,  but  to  sell  the  Lands  of  those  toho  conscientiously  say 
they  will  not  he  as  c/ood  as  their  word  or  keep  their  Covenant  tho'  it  be  so  f/rcatly  to  the 
prejudice  of  the  Public  ?  Is  it  not  more  favorable  to  these  delinquents  that  part  of 
their  Land  be  sold  in  fulfilment  of  their  engagements  than  that  the  whole  should 
revert  to  the  Province  ?  which  is  the  very  Tenure  of  their  Grant  and  by  which  they 
hold  their  Lands — Your  Committee  find  that  in  the  sale  of  these  Lands  there  was  no 
unfairness  but  every  thing  was  quite  fair,  quite  neighbourly  and  quite  legal.  Upon 
the  whole  your  Committee  tho'  desirous  that  every  thing  might  be  done  that  can  be 
desired  for  Persons  of  every  denomination  of  Christians  whereby  they  may  worship 
God  in  their  own  way  and  according  to  their  Consciences  without  any  let  or  molesta- 
tion whatsoever;  yet  for  the  reasons  abovementioned  and  many  more  that  might 
be  offered  it  is  our  opinion  that  said  Petition  be  dismissed. 

W.  Brattle  by  Order 

Upon  which  the  following  order  passed  viz* — In  Council,  Read  and  accepted  and 
Ordered  that  the  said  Petition  be  dismissed  accordingly. 

In  the  House  of  Representatives,  Read  and  Nonconcurred  and  Ordered  that  M"" 
Denny,  Colo  Bowers  and  M'  IngersoU  of  Great  Barrington  with  such  as  the  honi'ie 
Board  shall  join  be  a  Committee  to  bring  in  a  Bill  for  repealing  and  making  void  an 


[Notes.]  Province  Laws. — 1768.  1045 

Act  made  and  passed  in  the  eighth  year  of  his  present  Majesty's  Beign  intitled,  '  An 
Act  in  addition  to  an  Act  for  erecting  the  new  Plantation  called  Huntstown  in  the 
County  of  Hampshire  into  a  Town  by  the  name  of  Ashfield.' — InCouncil,  Read  and 
Noncoucurred." — Ibid.,  p.  550. 

"To  the  Right  Hon^ie  the  Lords  ComraissTs  of  Trade  and  Plantations. 
The  humble  Petition  of  Samuell  Stennett.  D.D.  on  behalf  of  the  Baptists  in  Ash- 
field in  the  County  of  Hampshire  New  England. 
Sheweth, 

That  by  a  Grant  from  the  General  Assembly  1765,  the  Plantation  of  Hunts-town    [1765-66,  chap, 
in  the  County  of  Hampshire  was  erected  into  a  Township  by  the  name  of  Ashfield    13.] 
with  a  condition  that  the  Settlers  should  build  a  Meeting  place  and  support  an  Inde- 
pendent Minister — That  17  families  were  settled  in  Ashfield,  of  which  12  being  Bap- 
tists, a  Baptist  Church  was  immediately  established  there— That  the  Independents 
also  establislied  a  Church  there,  requiring  the  Baptists  to  support  their  Minister, 
agreeable  indeed  to  the  terms  of  the  Grant  but  contrary  to  a  General  Law  freeing 
Baptists  and  Quakers  from  taxation  towards  the  support  of  other  Churches— That    [1757-58,  cbap. 
the  Baptists  therefore  refused  to  pay  towards  the  support  of  the  Ashfield  ludepend-    20.J 
ent  Minister  That  in  May  or  June  1768  an  Act  passed  in  addition  to  the  aforesaid 
Act  of  1765  which  confirmed  the  Grievance  complained  of — That  the  Baptists  still 
refusing  to  comply  their  effects  were  destrained  for  payment  That  they  have  since 
petitioned  the  Assembly  for  a  repeal  of  the  Ashfield  Law  passed  in  1768,  and  that, 
not  having  obtained  such  repeal.  Your  Petitioner — humbly  prays,  on  behalf  of  the 
said  Baptists,  that  his  Majesty  will  be  graciously  pleased  to  disallow  the  said  Ash- 
field Act  and  as  speedily  as  may  be  judged  convenient,  as  the  time  limited  for  the 
King's  disallowing  it  is  now  very  near  expiring. 

Your  Petitioner  begs  leave  also  further  to  observe,  that  he  apprehends  the  Act 
passed  Nov.  20.  1770,  at  the  request  of  the  Baptists,  for  the  amendment  of  the  Gen- 
eral law  in  their  favor,  does  not  operate  to  remedy  the  Grievance  complained  of  in 
the  Ashfield  Act  of  1768  and  apprehends  that  this  is  the  opinion  of  Governor  Hutch- 
inson, as  well  as  the  Baptists  themselves — He  also  presumes,  if  any  other  object  of 
the  Ashfield-Law  (besides  that  respecting  the  interests  of  the  Baptists  and  Quakers) 
shou'd  be  affected  by  the  General  disallowance  of  the  said  Act,  that  that  inconven- 
ience may  be  remedied  by  the  Assembly's  passing  another  Bill  to  that  purpose 
And  Your  Petitioner  &c."— "  Mush.  Bay,  B.  T.,"  vol.  81,  0.  o.,  13. 
"  Wednesday  May  22n<l  1771. 
At  a  Meeting  of  His  Majesty's  Commissioners  for  Trade  and  Plantations. 

Present 
M"-  Eliot  M«-  Roberts 

M"-  Fitzherbert.  M"-  Whately 

Read  a  Memorial  of  Dr.  Stennett  praying  their  Lordships  to  recommend  to  His 
Majesty  to  disallow  an  Act  passed  in  the  Province  of  Massachusetts  Bay  in  June 
1768  '  by  which  the  Antipedo  Baptists  and  Quakers  are  compelled  to  pay  to  the 
'  support  of  a  Minister  of  a  different  persuasion  ' 

Their  Lordships  thereupon  read  and  considered  the  said  Act  and  it  was  ordered 
that  the  Draught  of  a  Representation  to  His  Majesty  should  be  prepared,  proposing 
that  it  may  be  disallowed. 

SoAME  Jentns." — "Trade  Papers," 
vol.  73,  p.  120. 

"  At  the  Court  at  St.  James's  the  31^'  day  of  July  1771. 
Present 

The  King's  Most  Excellent  Majesty  in  Council  Whereas  the  Great  or  General 
Court  or  Assembly  of  His  Majesty's  Province  of  the  Massachusetts  Bay  in  New 
England  did  in  June  1768  pass  an  Act  which  hath  been  transmitted  intitled  as  fol- 
lows, viz' — 
An  Act  in  addition  to  an  Act  intituled  an  Act  for  erecting  the  New  Plantation 

called  Hunts  Town  in  the  County  of  Hampshire  into  a  Town  by  the  name  of 

Ashfield. 

Which  Act  together  with  a  Representation  from  the  Lords  Commissioners  for 
Trade  and  Plantations  thereupon  having  been  referred  to  the  consideration  of  a 
Committee  of  the  Lords  of  His  Majesty's  most  Honorable  Privy  Council  for  Planta- 
tion Affairs — The  said  Lords  of  the  Committee  did  this  day  Report  as  their  opinion 
to  His  Majesty  that  the  said  Act  ought  to  be  disallowed— His  Majesty  taking  the 
same  into  consideration  was  pleased  with  the  advice  of  His  Privy  Council  to  declare 
his  Disallowance  of  the  said  Act;  and  to  order  that  the  said  Act  be  and  it  is  hereby 
disallowed  and  rejected— Whereof  the  Governor,  Lieutenant  Governor  or  Com- 
mander in  Chief  of  His  Majesty's  said  Province  of  the  Massachusetts  Bay  for  the  time 
being  and  all  others  whom  it  may  concern  are  to  take  notice  and  govern  them- 
selves accordingly." — "  3Iass.  Bay,  B.  T.,"  vol.  81,  0.  o.,  62. 

"  When  such  noise  was  made  at  Boston  about  the  Ashfield  affair.  Governor 
Hutchinson  happened  to  look  and  find  that  the  word  Sypi^ort  was  not  in  the  original 
grant  of  those  lands;  and  perhaps  he  might  hope,  that  by  relieving  the  Baptists,  he 
should  draw  them  to  his  side  of  the  controversy  betwixt  America  and  Britain.  Be 
that  as  it  may,  he  privately  sent  for  one  of  their  committee,  and  advised  him  to  send 
the  Ashfield  law  to  a  friend  in  London,  who  might  present  it  to  the  King  in  Council ; 
and  he  promised  to  write  to  Governor  Bernard,  who  passed  it,  to  use  his  influence 
to  have  it  repealed.  This  was  done,  and  its  repeal  was  effected,  and  then  their 
oppressors  had  their  turn  at  waiting  upon  one  Assembly  after  another  unsuccess- 
fully; for  though  several  acts  were  framed  for  them,  yet  the  consent  of  the  Governor 


1046  Province  Laws. — 1768.  [Notes.] 

could  not  be  obtained,  till  they  found  out  what  his  mind  was,  and  conformed  to  it." 
— Backits's  History  of  the  Baptists,  2  ed.,  vol.  2,  }>.  IGO. 

See,  further,  1770-71,  chap.  10,  1772-73,  chap.  30,  and  1773-74,  chap.  24;  and  notes, 
post :  also,  1757-58,  chap.  20,  ante. 

Chap.  6.  "  June  2,  1767.  A  Petition  of  the  Freeholders  &  other  Inhabitants  of 
the  Town  of  Windham  in  the  County  of  Cumberland— Praying  that  the  assessors  or 
Selectmen  of  the  said  Town  for  the  time  being  may  be  authorized  to  Assess  on 
every  acre  of  the  several  hundred  acre  lots  in  said  Town,  not  otherwise  Taxed,  one 
penny  yearly  towards  supporting  the  charges  of  clearing  and  preparing  Roads, 
building  a  meeting  House,  supporting  the  public  worship  and  other  public  charges 
necessarily  arising  in  the  Town. 

In  the  House  of  Representatives.  Read  &  Ordered  that  the  nonresident  propri- 
etors of  the  Towu  of  Windham  be  notified  by  the  Petitioner  of  this  Petition  by  in- 
serting it  in  three  of  the  Boston  news  papers  three  weeks  successively  to  shew 
cause  on  the  second  Wednesday  of  the  next  sitting  of  this  Court  why  the  prayer 
should  not  be  granted.  In  Council,  Read  &  Concurred." — Council  Records,  vol. 
XXVII.,p.  13. 

"  Mar.  4,  1768.  A  Petition  of  the  Town  of  Windham  Praying  liberty  to  assess  on 
the  100  acre  Lots  in  said  Town  not  otherwise  taxed,  one  penny  yearly  per  acre  to 
help  defrey  the  charges  of  said  Town  as  entered  the  2*1  of  June  last. 

In  the  House  of  Representatives.  Resolved  That  the  Assessors  of  the  said  Town 
of  Windham  for  three  years  next  ensuing  be  authorized  and  impowered  to  Assess 
yearly  one  penny  ^  acre  on  every  hundred  acre  Lot  in  said  Town  of  Windham  not 
otherwise  taxed,  except  ministerial  and  School  Lands.  That  the  said  Assessors  be 
impowered  to  enforce  the  payment  of  such  Tax  by  legal  Sale  of  so  much  of  the  de- 
linquents Lands  as  shall  be  necessary  to  pay  the  said  Tax  and  charges  thereupon 
arising;  and  that  the  said  Town  be  impowered  in  their  March  Meetings  for  the  said 
three  years  next  coming  to  choose  two  Collectors  one  of  them  to  be  an  Inhabitant 
of  Marblehead:  That  one  half  of  the  money  raised  by  said  Tax  be  paid  into  the 
hands  of  the  Treasurer  of  the  said  Town  of  Windham  to  be  by  them  applied  to  the 
paying  the  minister  and  other  Towu  charges  the  other  half  to  be  paid  into  the  Pro- 
prietors Treasury  to  be  by  them  api^lied  to  the  opening  and  making  passable  such 
ways  as  still  remain  in  a  wilderness  State.  In  Council,  Read  and  Concurred,  Con- 
sented to  by  the  Governor." — Ibid.,  p.  288. 

Chap.  9.  "  Jan.  24,  1764.  A  Petition  of  Joseph  Wilder,  Caleb  Dana  and  Jona- 
than White,  a  Committee  Chosen  by  the  Owners  of  Lands  in  Boston  Town  No  1, 
otherwise  called  Charlemont  at  a  legal  Meeting  on  the  20"'  day  of  October  last,  Set- 
ting forth.  That  the  Said  Townsliip  was  heretofore  granted  to  the  Town  of  Boston, 
and  by  them  sold  to  John  Reed  Esq''  who  reserving  1700  Acres  to  himself  sold  the 
remainder,  the  present  owners  thereof  have  (such  of  them  as  are  residents)  been 
protected  tlirough  the  War,  and  divers  others  have  not  fulfilled  the  duties  enjoined 
upon  them  and  Praying  that  a  Tax  of  one  penny  per  Acre  be  laid  on  all  the  Lands 
in  said  Town  for  the  term  of  three  years,  except  the  Public  Lands,  and  certain 
Lands  of  Mess'^  Hancock  Baldwin  and  Cunningham,  who  have  given  away  one 
half  their  several  Rights  to  procure  the  Settlement  of  the  said  Town. 

In  the  House  of  Representatives  Resolved  That  a  Tax  of  one  penny  per  Acre  be 
laid  upon  The  Lands  in  the  within  mentioned  Township  (twenty  five  hundred  Acres 
belonging  to  Thomas  Hancock  Esq"'  five  hundred  Acres  belonging  to  the  Heirs  of 
M''  Nathaniel  Cunningham  four  hundred  and  forty  Acres  belonging  to  M""  David 
Baldwin,  and  the  Public  Lands  excepted)  for  the  space  of  three  Years  next  to  come, 
and  that  the  Money  so  raised  shall  be  improved  for  the  following  purposes  viz'  for 
the  Settlement  of  a  Minister,  the  Support  of  preaching,  finishing  the  Meeting 
House,  and  for  further  clearing  the  Roads  in  such  manner  as  the  proprietors  of 
Lands  there  shall  order  and  determine  at  their  Meetings  for  such  purposes  called 
and  held,  and  the  Assessors  and  Constables  or  Collectors  of  said  Township  are 
hereby  impowered  to  assess  and  Collect  and  Collect  *  the  same  and  in  case  of  delin- 
quency in  any  of  the  Proprietors  bound  by  this  Tax  that  their  Lands  shall  be  sub- 
ject to  Sale  as  is  provided  by  the  Laws  of  this  Province  in  case  of  Nonpayment  of 
Taxes  in  Proprietors.  In  Council  Read  and  Concurred." — Council  Records,  vol. 
XXV.,  p.  149. 

"  June  4,  1766.  A  Petition  of  Aaron  Rice  agent  for  the  Town  of  Charlemont — 
Setting  forth  That  the  Grantees  of  said  Township  have  so  conducted  their  Affairs 
as  to  have  at  this  time  only  thirty  Families  settled  therein,  altho'  the  Grant  was 
made  near  thirty  years  since  upon  the  like  conditions  of  settlement  as  other  Towns. 
That  the  General  Court  have  already  granted  a  Tax  of  one  penny  ^  Acre  for  three 
years  on  all  the  Lands  in  said  Town  for  making  Roads,  building  a  Meeting  House 
and  Mills  and  for  the  support  of  divine  Worship,  notwithstanding  which  the  Meet- 
ing House  is  only  raised  &  covered;  that  they  have  no  Minister  yet  settled,  and  one 
half  of  the  Inhabitants  are  in  low  Circumstances,  whereby  they  are  rendered  una- 
ble to  do  these  things  themselves.  And  praj'ing  that  the  Nonresident  proprietors 
may  be  obliged  to  fulfil  the  conditions  of  Settlement,  so  far  as  belongs  to  them,  and 
that  there  may  be  a  tax  of  one  penny  ^  Acre  for  the  term  of  three  years  granted 
on  all  the  Lands  lying  in  said  Town  for  the  purposes  beforementioned. 

In  the  House  of  Representatives.  Read  and  Ordered  that  the  Nonresident  pro- 
prietors be  notified  of  this  Petition  by  inserting  the  same  in  two  of  the  Boston 
News  papers  three  Weeks  successively  that  they  may  shew  cause  if  any  they  have 
on  the  second  Wednesday  of  the  next  Session  wliy  the  prayer  of  the  Petition  should 

•  Sic. 


[Notes.]  Province  Laws. — 1768.  1047 

not  be  granted,  and  also  why  the  Condition  of  the  Grant  has  not  been  complyed 
with.    In  Council,  Read  and  Concurred." — Ibid.,  vol.  XXVI.,  p.  223. 

"  Feb.  6,  1767.  A  Petition  of  Aaron  Rice  in  behalf  of  the  Inhabitants  of  Charle- 
mont  praying  for  a  Tax  on  the  Lands  of  the  Nonresident  Proprietors  as  entered  the 
4">  of  June  last. 

In  Council  Read  again  together  with  the  Answer  of  "William  Read  Esq'  And 
Ordered  That  Thomas  Flucker  Esq^  with  such  as  shall  be  joined  by  the  honourable 
House  be  a  Committee  to  take  the  same  into  consideration,  hear  the  Parties  and  Re- 
port—In the  House  of  Rep^s  Read  &  Concurred  &  Cap'  John  Brown  &  M^  Gardner 
are  joined." — Ibid.,  p.  3(35. 

"  Feb.  18,  1767.  The  Committee  appointed  the  6'^  Instant  on  the  Petition  of 
Aaron  Rice  of  Charlemont  made  Report  &  the  following  Order  passed  thereon  viz' — 

In  Council,  Read  and  accepted:  and  Ordered  tliat  there  be  a  Tax  of  one  penny 
^  Acre  yearly  granted  for  three  years  upon  all  the  Lands  in  the  Town  of  Charle- 
mont (Public  Lands  excepted)  and  that  the  money  thereby  arising  be  applied  as  fol- 
lows viz'  Fifty  Pounds  part  of  said  Money  towards  finishing  the  Meeting  House 
already  set  up  in  said  Town,  and  that  the  remainder  of  it  be  applied  to  pay  for 
Preaching  the  Gospel  and  settling  &  supporting  a  Minister.  And  that  the  said  Tax 
be  final  so  far  as  respects  those  Proprietors  who  have  settled  a  proportionable  number 
of  Families  in  said  Town.  The  Petitioners  to  enter  an  Account  of  their  doings  in 
the  Town  Books.  In  the  House  of  Representatives,  Read  «&  Concurred.  Consented 
to  by  the  Governor." — Ibid.,  p.  397. 

Chap.  12.  The  following  petition  was  read  in  the  House  of  Representatives,  Feb.  5, 
1765,  and  referred  to  a  committee,  who  reported  a  bill,  on  the  18th  of  the  same 
month,  which  provided  for  the  building  and  maintaining  a  bridge,  at  the  place  des- 
ignated, at  the  equal,  joint  expense  of  the  town  of  Westfield  and  the  county  of 
Hampshire.  This  bill  was  committed,  the  next  day,  and  the  petitioners  were  di- 
rected to  prepare  a  new  draught.  The  new  bill  was  read  a  first  time,  in  the  House, 
Feb.  21,  and,  by  the  27th  of  the  same  month,  was  enacted.  See,  ante,  17Gi-65,  chap. 
23. 

"  To  his  Excellency  Francis  Bernard  Esq""  Captain  General  &  Governour  in  Chief 
in  &  over  his  Majesty's  Province  of  the  Massachusetts  Bay  in  New  England  &  vice 
Admiral  of  the  same  to  the  Honourable  his  Majesty's  Counsel  &  House  of  Repre- 
sentatives in  General  Court  now  sitting  at  Boston — January  9"i  A  D  1765.  The  Pe- 
tition of  David  Mosley,  Eldad  Taylor,  John  Shepherd,  Elisha  Parks,  &  Samuel 
Mather  a  Committee  chosen  &  appointed  by  the  Town  of  Westfield  for  that  Pur- 
pose, most  humbly  sheweth; — That  whereas  the  Town  of  Westfield  for  twenty  years 
last  past,  chiefly  at  their  own  Expence  &  Charge,  have  kept  and  maintained  a  cart 
Bridge  of  twenty  four  Rods  in  length  a  cross  Westfield  great  River  near  the  Mills, 
to  the  great  Utility  &  Advantage  not  only  to  the  Inhabitants  of  said  Town  &  the 
Towns  adjacent,  but  to  the  Publick  in  general,  in  Time  of  the  Freshets  or  high 
Water,  which  frequently  happen  in  the  Course  of  a  Year  for  many  Days  together  so 
deep  &  rapid  as  to  render  it  impassable  at  any  of  the  ford  Waj's,  wliich  Inunda- 
tion increased  the  last  Spring  viz  in  February  to  such  a  Degree  as  to  carry  away  the 
Mill  Dam  above  the  Bridge,  which  Avas  the  Safeguard  of  the  Bridge  &  which  was 
followed  with  the  total  Destruction  of  Said  Bridge  (which  was  something  decayed 
by  Age)  although  it  was  the  second  Bridge  in  that  Place  built  within  twenty  years, 
&  altho'  the  Town  willing  to  exert  themselves  to  the  last  Degree  to  the  Support  of 
a  Bridge  there  for  the  publick  Good  as  well  as  their  own  yet  finding  themselves  over 
burthened  with  heavy  Charges  constantly  arising  on  them  from  the  numerous  other 
Bridges  they  support  a  cross  the  divers  Rivers  &  Streams  running  through  s^*  Town 
&  with  which  the  Town  is  very  much  embarrassed  they  cannot  by  any  Means  agree 
to  rebuild  S<1  Bridge  at  their  own  Cost  &  Charge  as  they  are  overborne  with  Ex- 
pences  of  the  like  Nature.  Therefore  we  your  Memorialists  humbly  hope  that  your 
Excellency  &  Honours  will  take  the  Premises  into  your  wise  Consideration  &  take 
such  Steps  &  make  such  Orders  respecting  the  same  as  you  in  your  Wisdom  shall 
think  proper  in  Order  to  the  Rebuilding  Said  Bridge,  which  must  unavoidaby  fail 
without  your  Honours  Interposition  &  your  Petitioners  as  in  Duty  bound  shall  ever 
pray —  DAAao  Mosley      ) 

Westfield  Jan?  9t»»  1765.  Eldad  Taylor 

John  Shepakd      \  Committee  for 
Elisha  Parks  the  Town  of 

Samuel  Mather  J      Westfield  " — 
Mass.  Archives,  vol.  121,  p.  425. 

The  act  of  1761-65,  chap  23,  provided  that  the  town  of  Westfield  might  build  and 
maintain  the  bridge,  and  authorized  the  court  of  sessions  for  the  county  of  Hamp- 
shire, upon  application  of  the  town  of  Westfield,  to  tax  the  inhabitants  of  such  of 
the  several  towns  and  districts  in  the  county,  as  the  court  should  think  it  reasonable, 
for  the  expense;  the  money  to  be  raised  in  such  sums  as  the  court  should  agree  upon, 
from  time  to  time.  The  act  did  not  provide  that  any  portion  of  the  expense  should 
be  actually  incurred  by  the  town  of  Westfield  before  applying  to  the  court  of  ses- 
sions, nor  was  any  power  conferred  upon  the  court  to  control  the  erection,  repairs  or 
management  of  tlie  bridge.  The  court,  in  the  exercise  of  their  discretion,  declined 
to  levy  a  tax  or  order  any  allowance,  under  the  circumstances;  whereupon,  the  in- 
habitants of  Westfield  again  appealed  to  the  Legislature  for  assistance,  in  the  fol- 
lowing petition,  which  was  read  in  the  House,  and  referred  to  a  committee,  Jan.  27, 
1766:— 

"  To  his  Excellency  Francis  Bernard  Esq""  Cap*  Gen'  &  Gov  in  Chief  in  &  over 
his  Majesty's  Province  of  Massachusetts  Bay  in  N*'  England  &  Vice  Adm'  of  the 
Same.    To  the  hon^ie  his  Majesty's  Council  &  the  House  of  Rep""  in  geni  Court  As- 


1048  Province  Laws.— 1768.  [Notes.] 

sembled  at  Boston  fifteenth  day  of  January  Anno  Dom :  1766 — The  Petition  of  the 
Inhabitants  of  the  Town  of  Westfield  in  the  County  of  Hampshire;  Humbly  Sliew- 
ing,  that  we  labour  under  great  Difficulty  &  Disadvantage,  for  want  of  a  cart  Bridge, 
over  the  great  River  in  Westfield  at  or  near  Wellers  Mills;  where  the  last  Bridge 
stood;  and  we  being  unable  among  ourSelves,  to  build  and  maintain  a  Bridge,  over 
that  River:  By  Reason  of  the  great  Number  of  chargeable  Bridges,  in  the  Town 
over  considerable  Rivers  &  Streams;  that  the  Situation  thereof,  renders  us  singularly 
chargeable  with;  And  the  Inhabitants  in  Years  past  have  sustained  heavy  Charges 
in  building,  and  maintaining  Bridges;  over  the  River  at  the  Mills;  which  have  been 
highly  serviceable;  for  Carriages  and  Travellers;  &  would  still  remain  So;  was  one 
there  erected.  And  the  Inhabitants  having  made  Application  to  the  Court  of  Ses- 
sions, for  the  County,  for  Some  Assistance  (who  were  impowered  to  grant  the  Same) 
to  enable  the  Inhabitants,  to  build  &  maintain  a  Bridge  there ;  at  two  Terms  suc- 
cessively; &  the  Court  of  Sessions  for  the  County  have  wholly  neglected,  to  consider 
our  Application,  or  to  grant  any  Help  or  Assistance  upon  the  Premisses.  Where- 
fore the  Inhabitants  humbly  pray  your  Excellency  &  Honors  would  take  our  Case 
under  your  wise  Consideration;  &  grant  us  such  Help  &  Assistance  upon  the 
Premisses;  as  might  enable  us,  to  build  &,  maintain  a  Bridge  at  the  Mills  afore- 
said: or  such  other  Methods  as  your  Excellency  &  Hon"""  in  your  Wisdom  shall  see 
meet;  and  as  in  duty  bound  your  Petition"*  in  behalf  of  the  Inhabitants  shall  ever 
pray.  Eluad  Taylok      ] 

Willm  Day  Elisha  Parks        | 

Samuel  Mather     John  Ingeusoll    } 
John  Phelps  \ 

AzAiiiAH  MosLEY  J  Com'««"— 76(cL,  p.  436. 

"  June  14,  1766.  A  Petition  of  Eldad  Taylor  Esq^  and  others.  Inhabitants  of  the 
Town  of  Westfield  as  entered  24ti»  ['27th]  Jany  last— Setting  forth  That  they  labour 
under  great  difficulty  for  want  of  a  Cart  Bridge  over  the  Great  River  in  said  Town, 
and  being  unable  themselves  to  build  and  maintain  one,  praying  the  aid  and  assist- 
ance of  this  Court. 

In  the  House  of  Representatives.    Read  again  and  Ordered  That  tlie  Resolve  of 
this  Court  of  the  18"^  [27th]  of  February  last  upon  said  Petition  be  confirmed,  and  that 
•        Maj'  Foster  and  Colo  Ward  with  such  as  the  Hou'j'«  Board  shall  join  be  a  Commit- 
tee for  the  purpose  mentioned  therein.    In   Council,  Read  and  Concurred,  and 
Benj*  Lincoln  Esq''  is  joined  in  tlie  affair." — Council  Records,  t^ol.  XXVI.,  p.  256. 

"  The  Committee  to  whom  was  Refer'd  the  petition  of  the  Agents  of  the  Town  of 
Westfield  in  the  County  of  Hampshire  jiraying  the  said  Town  miglit  be  assisted  in 
building  &  maintaining  a  Bridge  Over  the  River  near  Willers  mills  So  Called,  the 
Committee  by  Order  of  this  Court  Repair'd  to  the  s<i  River  A'iew'd  the  Same  & 
fully  heard  the  Agents  &  the  Com*™  Oppointed  by  the  s'l  County,  &  Others  Inter- 
ested, beg  leave  to  Report  that  a  Bridge  Over  the  s^i  River  at  the  place  abovemen- 
tioned  is  absolutely  necessary  for  the  Inhabitants  of  the  s'^  Town,  &  will  be  of  utility 
to  Sundry  Towns  &  plantations  within  the  s'^  County  of  Hampshire,  &  very  use- 
full  for  the  East  &  west  Tra\elling  it  also  appears  to  the  Committee  that  the  Cover- 
ing of  s'^  Bridge  fjetween  the  Buttments  will  be  near  Twenty  Two  Rods  &  the 
Charge  of  Buillling  &  maintaining  the  Same  with  ye  other  necessary  Bridges  within 
the  s^^Town  too  great  a  Burthen  for  Them  in  proportion  with  the  Other  Towns  in 
the  County  of  Hampshire,  therefore  your  Comm"-*^"  are  of  opinion  the  s*!  County 
ought  to  Contribute  one  third  part  of  the  Charge  of  Building  tlie  s'l  Bridge,  but  not 
held  to  pay  any  part  towards  the  maintaince  thereof,  to  be  assess'd  upon  tlie  In- 
habitants of  s'l  County  or  Such  part  thereof  as  the  Justices  of  the  Gen"  Sessions  of  the 
peace  shall  order  agreeable  to  a  Law  of  this  Province  made  in  the  lifth  year  of  his 
present  Majestys  Reign 

all  w<=  is  Humbly  Submitted 

Benja  Lincoln  ^  Order." — Mass.  Archives, 
vol.  121,  p.  444. 

Although  it  appears,  by  the  indorsements  thereon,  that  this  report  was  read  and  ac- 
cepted in  Council  as  early  as  Feb.  20, 1767,  and  that  the  following  order  in  the  House 
was  passed  only  three  days  thereafter,  the  following  paragraphs  are  taken  from  the 
Council  Records  as  of  the  date  hereunder  given:  — 

"  Mar.  10,  17(i7.  The  Committee  appointed  the  14'^  of  June  last  on  the  Petition 
of  the  Town  of  Westfield  praying  that  they  might  l)e  assisted  in  building  and  main- 
taining a  Bridge  in  said  Town  near  Wellers  Mills,  having  reported  it  as  their 
Opinion  that  the  County  of  Hampshire  ought  to  contribute  one  third  part  towards 
the  charge  of  l)uilding  such  Bridge,  liut  that  they  be  not  held  to  pay  any  part 
towards  its  maintenance,  the  following  Order  passed  thereon  viz' — 

In  Council,  Read  and  accepted:  And  Ordered  that  the  Petitioners  have  liberty  to 
bring  in  a  Bill  accordingly.  In  the  House  of  Representatives,  Read  &  nonconcurred 
and  Ordered  that  the  Petitioners  have  leave  to  withdraw  the  Petition. 

In  Council,  Read  and  Concurred." — Council  Records,  vol.  XXVI.,  p.  454. 

Nothing  further  has  been  discovered  relating  to  this  subject,  until  June  24,  1768, 
■when,  according  to  the  House  Journal,  upon  the  petition  of  John  Ingersoll,  "  pray- 
ing that  the  court  of  General  Sessions  of  the  Peace  for  the  county  of  Hampshire,  may 
be  empowered  to  assess  a  sum  of  money  on  all  the  inhabitants  in  said  county,  for 
erecting  the  bridge,"  &c  ,  an  order  was  passed,  in  the  House,  that  a  resolve  be 
brought  in,  to  notify  the  towns  and  ilistricts  in  Hampshire  County,  of  the  petition. 
Upon  being  sent  up  to  the  Council  this  order  was  nonconcurred  in,  on  the  25th;  and 
the  following  order  was  passed,  which,  notwithstanding  the  date  hereunder  given, 
appears  to  have  been  concurred  in  l>y  the  House  on  the  same  day. 

"  June  27,  1768.  A  Petition  of  John  Ingersol  of  Westfield— Setting  forth— That  it 
would  be  very  beneficial  to  the  Inhabitants  of  the  County  of  Hampshire  to  have  a 


[Notes.]  Peovince  Laws.— 1768.  1049 

Bridge  built  over  Westfield  River  in  the  great  Road  from  Boston  to  Albany  and 
that  the  same  would  be  very  commodious  for  Travellers;  but  that  it  would  be  too 
great  a  burthen  on  the  said  Town  to  be  at  the  sole  expence  of  building  such  Bridge. 
That  he  apprehends  a  great  part  of  the  County  would  be  well  pleased  to  have  it 
built  at  the  charge  of  the  County.  And  praying  that  the  Court  of  General  Sessions 
of  the  Peace  for  the  County  aforesaid  may  be  impowered,  if  they  see  cause,  to  assess 
a  Sum  of  money  on  all  the  Inhabitants  of  said  County  sufficient'for  the  said  purpose. 
In  Council,  Read  and  Ordered  that  the  Petitioner  have  liberty  to  bring  in  a  Bill 
for  the  purpose  mentioned  in  his  Petition.  In  the  House  of  Representatives,  Read 
and  Concurred." — Ibid.,  vol.  XXVII.,  p.  o8G. 

Chap.  13.  "  In  humble  obedience  to  Your  Lordship's  commands,  signified  to  me 
by  My  Pownall  I  have  perused  and  considered  Eleven  Acts  passed  by  the  Governor, 
Council  and  House  of  Representatives  of  His  Majesty's  Province  of  the  Massa- 
chusetts Bay  in  the  years  17G8  and  1709  intitled ; 

An  Act  to  prevent  a  failure  of  justice  by  means  of  Offenders  in  any  of  His  Maj'J"'^ 
Colonies  on  this  Continent  escaping  into  this  Province  or  from  one  County  of  this 
Province  into  another  to  avoid  the  punishment  of  their  offences 

****** 

I  am  humbly  of  opinion  that  the  same  are  proper  in  point  of  law." — Report  of  Mr. 
Jackson  to  the  Lords  of  Trade,  Jan.  14,  1771:  "  Mass.  Buy,  B.  T.,"  vol.  81,  O.  o.,5. 

Chap.  16.  "June  11,  1762.  The  following  Report  was  offered  by  the  Committee 
appointed  for  the  purpose  therein  mentioned  viz 

The  Committee  appointed  by  the  Great  and  General  Court  the  17">  day  of  Febru- 
ary 176'i  for  selling  nine  Townships  and  ten  Thousand  acres  of  the  Province  Lands 
lying  in  the  Counties  of  Hampshire  and  Berkshire  to  such  as  would  give  most  for 
the  same  on  the  Conditions  mentioned  in  the  Order  aforesaid;  after  giving  Publick 
Notice  of  the  time  and  place  of  Sale  attended  said  Service  at  Boston  the  '2^  day  of 
June  Instant  at  the  Royal  Exchange  Tavern  in  King  Street,  and  Sold  the  same  at 
Publick  Vendue  to  the  highest  Bidder  viz' 

N°  3.  A  Township  to  contain  the  Quantity  of  six  miles  square  lying  between 
Ashuelot  Equivalent  so  called  and  the  New  Township  called  New  Hingham,  to 
bound  Easterly  on  the  Westerly  line  of  the  last  mentioned  Township  to  square  off 
six  miles  from  said  given  line,  to  Aaron  Willard  Esq""  for  Eighteen  hundred  and 
sixty  pounds  and  have  received  of  liim  Twenty  pounds,  and  taken  bond  of  said 
Willard  together  with  John  Worthington  and  Timothy  Dwight  jun''  Esq""  for  Eigh- 
teen hundred  and  forty  pounds." — Council  Records,  vol.  XXIV.,  p.  422. 

"  June  12,  1766.  In  the  House  of  Representatives.  Whereas  in  June  1762  Aaron 
Willard  jun""  of  Lancaster  Esq^  purchased  of  this  Province  the  new  Township  N^  3 
lying  in  the  County  of  Ilainpshire  adjoining  to  the  Township  of  Chesterfield  for 
himself  and  four  Others,  his  associates  in  the  said  Purchase,  and  gave  his  Bond  to 
the  Treasurer  of  the  Province  with  Sureties  for  the  purchase  money  agreeable  to  the 
Order  of  this  Court  &c. 

And  whereas  th(i  said  purchaser  and  his  associates  have  made  partition  between 
themselves  of  some  considerable  part  of  the  said  Land,  and  are  now  ready  to  make 
considerable  payment  in  part  of  the  said  Aaron's  Bond  aforesaid.  And  the  said 
Aaron  and  his  associates  aforesaid  being  desirous  and  having  moved  this  Court  that 
they  may  make  their  several  Securities  to  the  Province  Treasurer  for  their  several 
proportions  of  the  Sum  that  may  remain  unjiaid  on  his  Bond  aforesaid. 

Resolved,  That  the  Province  Treasurer  be  permitted  to  accept  the  several 
Securities  of  the  said  purchaser  and  his  said  associates  for  their  respective  propor- 
tions of  the  Sum  due  on  the  said  Aaron's  Bond  aforesaid;  they  giving  their  Bonds 
witli  sufficient  sureties  effectually  to  secure  the  ixiyment  thereof;  and  that  the  same 
being  done  the  said  Treasurer  be  directed  to  deliver  up  to  the  said  Aaron  his  said 
original  Bond.  In  Council,  Read  and  Concurred.  Consented  to  by  the  Governor." 
-Ibid.,  vol.  XXVI.yp.  251. 


T  J^B  I_iE 


Showing  the  beginning  and  end  of  each  year  of  the  reigns  of  the  Sovereigns  of 
England,  from  the  beginning  of  the  thirty-first  year  of  George  the  Second,  to 
the  end  of  the  ninth  year  of  George  the  TJiird. 


31st  of  George  the  Second 
32(1  of  George  the  Second 
33d  of  George  the  Second 
34:th  of  George  the  Second 
1st  of  George  the  Third  . 
2d  of  George  the  Third  . 
3d  of  George  the  Third  . 
4th  of  George  the  Third  . 
5th  of  George  the  Third  . 
6th  of  George  the  Third  . 
7th  of  George  the  Third  . 
8th  of  George  the  Third  . 
9th  of  George  the  Third    . 


from  June  11, 1757,  to  June  11,  1758. 

11,1758,    «   11,1759. 

«    11,  1759,    «   11,  1760. 

11,  1760,  to  Oct.  25,  1760. 

from  Oct.  25, 1760,   «   25,  1761. 

25,1761,    «   25,1762. 

25, 1762,    «   25,  1763. 

«    25,  1763,    «   25,  1764. 

«    25,  1764,    «   25,  1765. 

«    25,  1765,    «   25,  1766. 

«    25,  1766,    "   25,  1767. 

«    25,  1767,    «   25,  1768. 

«    25,1768,   «   25,1769 

1 


1050 


Index   of    Names 


1051 


INDEX   OF   NAMES. 


A. 

rAOB 

Abagadnsset  Point 600 

Abbot,  Hull 521 

Abbot,  Samuel 621 

Abercrombie,  James  (General),  128,  129,  131,  132,  133, 
135, 142,  227,  228,  232,  237 

Abigail  (The  schooner) 129 

Abington,  11, 151,  257, 391, 479,  591,  653,  694,  713,  826,  892, 

967 

Acadia 106 

Acadians      .        .        .96, 104, 105, 106,  946,  947,  948,  995 

Accord  Pond 467, 544 

Acton,  9,  148,  253,  387,  476,  587,  649,  710,  822,  888, 926, 964 

Adams,  Amos 521 

Adams,  Eleazer 126 

Adams,  Elisha 338 

Adams,  John 327,  797 

Adams,  Samuel  ....        521,  546,  795,  940,  996 

Adventure  (The  sloop) 128 

Akin,  Benjamin 103, 1043 

Albany,  114,  117,  128, 132,  133,  137, 140,  232,  233,  242,  243, 

348,  1049 

Albany,  County  of 230 

Alcide  (The  ship) 440 

Alden,  Briggs 875 

Alden,  Noah 1036 

Aldrich,  George 636 

Aldrich,  Samuel 337,338,339 

Alexander,  William  (see  Stirling). 

Alford,  "William 798 

Allen,  Cornelius 118,119 

Allen,  Ebenczer 642 

Allen,  James 795 

Allen,  James,  jun 647,548,792,874 

Allen,  Jonathan 355,  564 

Allen,  Samuel 441 

Allen,  Thomas 797 

Allen,  William 131 

AUyn,  Thomas 518,  519,  542 

Alvord,  Elijah 943 

America,  79,  93, 115, 117, 118, 129, 133, 135, 137, 138, 141, 
182,  232,  235,  298,  348,  407,  458,  506,  520,  529, 
538,  539,  563,  567,  609,  630,  634,  662,  670,  691, 
692,  719,  768,  805,  851,  903,  913,  929,  932,  934, 
936,  940,  947,  996,  997,  998,  999,  1000,  1003, 
1032,  1045 

Ames,  Lemuel 128 

Amesbury,  8,  147,  251,  385,  475,  586,  648,  709,  821,  886, 963 

Amherst,       173,  388,  476,  588,  650,  710,  823,  888,  964,  1012 

Amherst,  Sir  JeflPrey,  100, 104, 132, 133,  229,  230,  232, 233, 

234,  235,  237,  239,  240,  347,  348, 

362,  363,  421,  427,  491,  529,  538, 

646,  602,  629,  630,  680,  697,  784 


Pagb 
Amory,  John       ......*.      993 

Amory,  Jonathan .      998 

Anabaptists  (see  ArtiipedobaptisU,  and  Baptists'),  67, 

68,  122,  123,  124,  125,  126,  420,  643,  620, 

876,  1036,  1037, 1040 
Ancaster  and  Kesteven,  Peregrine  Bertie,  Duke  of,  926, 

944 
Andover,  7,  147,  250,  384,  474,  566,  686,  648,  708,  821,  886, 

907,  963 

Androscoggin  Uiver 373,  682 

Andross,  Ebenezer 

Annapolis    . 

Anni',  Queen,   176,  278,  462,  488,  559; 

Antelope  (The  brigantine) 

Antipedobaptists  (see  Anabaptists) 

Appleton,  Daniel 


Appleton,  Nathaniel 

Apthorp,  Charles 

Aptliorp,  James . 

Apthorp,  John    . 

Arbuthnott,  William  . 

Argyll,  John  Campbell,  Duke  of 

Arrowsick  Island 

Ai'thur,  Thomas . 

Artichoke  River . 


620, 


.  349 
.  242, 348 
1016, 1028,  1029 
.  129 
122, 1016, 1045 
.  131, 696 
.  521, 795 
S46,  347,  567 


.  346, 347 
.  363 
.  944 
.  267,  344 
238,  354,  547 
.   677,  698 


Arundel,  13,  152,  259,  393,  480,  593,  654,  T14,  827,  894, 

969 
Ashburnham       .        .  739,  825,  870,  891,  908,  909,  946,  967 

Ashby 908,  909,  964,  973 

Ashtield,  815,  870,  889,  955,  965,  1015,  1016,  1035,  1036, 

1037,  1033,  1039,  1040,  1041,  1042,  1043,  1044, 

1045 
Ashley,  John       ....        121,264,286,451,700 


Ashley 

,  Rebecca 

. 

561 

Ashuelot  Equivalent 

. 

. 

434, 

1049 

Assa  warn  pact  Brook 

. 

. 

. 

725 

Athearn,  James  . 

. 

. 

. 

664 

Athol, 

634,  590,  604,  627,  652, ' 

12,  738,  805 

825 

861, 

862, 

891 

967 

Atkins 

Henry     . 

. 

. 

. 

107 

Atkins 

Henry,  jun. 

107 

Atkins 

Joseph    . 

326 

360 

Atkins 

Joshua   . 

78 

617 

Atkins 

Silas 

131 

Atkins, 

William  . 

326,3 

27, 

615, 

616, 

1031 

Atkinson  Street  (Bost 

on) 

358 

431 

Attleborough,  12,  151,  258,  392,  480,  542,592,  654,  714,  827, 

893,  968 

Austen,  John 795 

Austen,  John,  jun 795 

Austin,  Benjamin,  108,  109,  222,  289,  351,  521,  537,  582, 

583,  813,  814 

Averel,  Job 866 

1053 


1054 


Index  of  Names. 


Page 

Backus,  Isaao 1046 

Bacon,  Asa 1036 

Bacon,  Edward  .        .        360,352,447,448,451,452,868 
Bacon,  Edward,    101, 103, 117,  118,  229,  231,  240,  354,  445 

Bacon  Island 993 

Bacon,  Moses 1036 

Bacon,  William 695 

Bagley,  Jonathan       .       .        138, 139,  785,  796,  875,  954 

Bagnall,  Benjamin,  jun 795 

Bailey,  Samuel 798 

Baker,  Ann 624 

Baker,  Charles 666,  861,  862 

Baker,  Edward 228 

Baker's  Island 359 

Bakerstown         ........      990 

Balch,  Daniel 799 

Baldwin,  David 1046 

Baldwin,  Henry  .......      874,  875 

Baldwin,  "WilUam 272,420,421 

Ball,  John 795 

Ballard,  Daniel,  jun 799 

Ballard,  John      .       .       .       .       .       .       .       .799 

Ballard,  William 171 

Bangs,  Joshua 787 

Baptists  (s«e  Anabaptists),  122, 123,  124,  125,  126,  127, 
876,  1036,  1038,  1039, 
1040,1041,  1043,  1044, 
1045, 1046 

Bardwcll,  Jonathan 543 

Barker,  Francis 107 

Barnard,  Benjamin 170,  798 

Barnard,  Salah 1028, 1029 

Barnes,  Henry 108,  928 

Barney,  Joseph 1043 

Barnstabl*.  12,  22,  23,  118, 119, 151, 153,  229,  238,  257,  391, 

419,  479,  520,  526,  547,  559,  591,  635,  640,  653, 

693,  713,  734,  737,  743,  814,  826,  892,  968,  974, 

1018,  1019,  1022 

Barnstable,  County  of,   12,  14, 103, 104, 118, 119, 122, 140, 

141,  151,  153, 196,  227,  238,  257, 

260,  354,  355,  391,  395,  430,  441, 

479,  482,  526,  547,  548,  591,  592, 

595,  640,  641,  653,  656,  664,  693, 

713,  716,  734,  737,  792,  814,  826, 

829,  859,  874,  892,  896,  968,  970, 

1018,  1019 

Barre,  Isaac 944 

Barrett,  Bartholomew 349 

Barrett,  John 521 

Barrett,  Jonathan 171 

Barrington 560 

Barrington,WiIliam  Wildman  Barrington,  Viscount, 

926,  944 

Barter's  Island 731 

Barthurst,  Allen  Barthurst,  Lord     ....      944 

Bartlet,  Joseph 333,  974 

Bartlctt,  Nathaniel 360 

BartoU,  John 141,142 

Bass,  Jedidiah 797 

Basset,  Huldah 109 

Basset,  John .794 

Basset,  Samuel 339 

Batcheldor,  Samuel 109 

Bateheldor,  William 131 

BatchcUor's  Brook 1012 

Battoryraarch  Street  (Boston)   .       431,  920,  921,  922,  949 

Baxter,  Paul 798 

Baxter,  Richard 121 


PAea 

Bayley  (see  Bailey). 

Bazin,  Thomas    ..•«•••.      129 

Beal,  Benjamin   ........    1043 

Beales,  Abraham 694 

Bcales,  Benjamin 99 

Bcare,  John 228 

Becket  (see  Number  Four),  i51,  545,  817,  837,  870,  890, 

966, 1028 
Bedford,     9,  148,  253,  387,  476,  587,  649,  710,  822,  888,  906, 

964 

Bedford  (Granville) 10 

Belcher,  Andrew         .        .         450,  543,  560,  785,  817,  872 

Belcher,  CliflFord 863 

Belcher,  Jonathan       .        .         123,  340,  341,  862,  863,  864 

Belcher,  Jonathan,  jun 104,  946 

Belchertown,  464,  477,  588,  650,  706,  711,  782,  823,  889,  965 

Bclding,  Jonathan 107 

Belding,  Samuel 1043 

Belknap,  Jeremiah 171 

Bell,  Thomas 795 

Bellingham,       7,  126,  146,  249,  383,  474,  585,  647,  708,  820, 
885,  902,  962,  1038,  1039,  1043 

Bennet,  John 797 

Benson,  Joseph 339 

Bent,  David 735 

Berkeley,  12, 152,  258,  327,  336,  392,  480,  592,  654,  714,  827 

893,  963 
Berkeley,  of  Stratton,  John,  Lord  ....  944 
Berkshire,  County  of,  432,  433,  434,  450,  451,  452,  465,  466, 
477,  482,  531,  533,  534,  547,  548, 
567,  589,  595,  651,  656,  664,  680, 
693,  694,  701,  711,  716,  734,  738, 
783,  790,  792,  809,  815,  817,  824, 
829,  874,  889,  890,  806,  905,  907, 
908,  945,  965,  966,  970,  1027, 
1049 

Bernard 815 

Bernard,  Sir  Francis,  Bart.,  104, 105,  344,  351,  360,  401,  436, 
442,  448,  449,  451,  452,  453, 
457,  541,  542,  549,  551,  555, 
556,  559,  563,  568,  571,  627, 
629,631,633,  634,  639,  690, 
693,  697,  699,  700,  702,  705, 
782,  788,  790,  791,  792,  793, 
794,  803,  860,  803,  868,  869, 
870,  873,  879,  926,  930,  933, 
935,  936,  933,  940,  941,  943, 
946,  947,  953,  995,  997,  999, 
1000, 1002, 1003, 1006, 1011, 
1032, 1033, 1036, 1037, 1045, 
1047 

Bernard,  Walter 949 

Bernardston,         530,  531,  588,  627,  650,  695,  711,  723,  736, 
783,  785,  786,  818,  823,  865,  8S9,  965 

Berry,  Henry 108 

Berry,  Jonathan 795 

Berry,  Thomas 326,  360 

Burtie,  Pcreijriiic  (see  Ancaster). 

Berwick,  13,  152,  250,  393,  480,  593,  654,  714,  827,  871,  894, 

954,  969,  992 

Bcrwick-upon-Twecd 48, 115 

Besborouijli,  William  Ponsonb^',  Earl  of         .        .      944 

Bethune,  George 795 

Bethune,  Nathaniel 107 

Beverly,     8,  147,  250,  384,  474,  586,  648,  708,  799,  800,  821, 

886,  963 
Biddeford,       13, 152,  259,  372,  393,  420,  436,  480,  525,  526, 
565,  566,  572,  593,  627,  628,  654,  694,  714, 
737,  827,  894,  969, 1019 


Index  of  Names. 


1055 


Page 
Billerica,   8, 147,  252,  386,  475,  587,  648,  709,  797,  821,  887, 

906,  963 


jun 


Billings,  Fellows 
Billings,  Joseph 
Billings,  Richard 
Billingsgate  Bay- 
Birch  Island 
Bird,  Abiel  . 
Bixbee,  Joseph 
Bixbee,  Joseph,  jun 
Black,  Andrew 
Black  Earth 
Black-Point  Pond 
Blackmer,  John 
Blair,  James 
Blair,  'WiUiam 
Blake,  Increase 
Blanchard  &  Hancock 
Blanchard,  Edward 
Blanchard,  Huzekiah 
Blanchard,  Joshua 
Blanchard,  Samuel 
Blandford, 


10,  149,  254,  357,  388,  432,  477,  588,  650,  693, 
711,  823,  837,  889,  965 


Blaney,  Joseph  . 

Bliss,  Daniel 

Bliss,  Lewis 

Bliss,  Luke  .       . 

Bliss,  I^athaniel  . 

Blodget,  Joseph 

Blodget,  Joseph,  jun 

Blodget,  Samuel 

Blodget,  Seth      . 

Boardman,  Andrew 

Boardman,  Jacob 

Boit,  John    . 

BoUan,  WiUiam,  111,  135 
360 
458 
629 

Bolton,     11, 150,  255,  389 


632 
228 
798 

68,  529,  642,  974 
47 
.  862 
.  170 
.  170 
.  799 
.  23,  24 
988,  989 
,  1037,  1038 


564 
798 


1036 


798 
107 
794,  797 
lOS 


.      109 
463,  797 
548,  792,  874 
.      361 
.      463 
858,  875,  876 
.      858 
795,  931 
.      795 
109,  799,  949 
.      798 
.      796 
,  281,  345,  346,  347,  352,  353,  354, 
,  368,  380,  381,  437,  438,  439,  440, 
,  459,  473,  536,  537,  542,  567,  568, 
630,  631,  652,  697 
.  478,  590,  652,  712,  825,  891,  967, 
996 
Bolton,  Charles  Powlett,  Duke  of    .        .       .        .944 

Bond,  Joshua 794 

Boothbay 731, 870 

Borland,  Francis 358, 521 

Borland,  John 795 

Boscawen,  Hugh  (see  Falmouth). 
Boston  (see,  also,  under  the  following  names  of 
streets,  <&c. :    Atkinson,  Batteryniarch, 
Bread,   Dock   Square,  King,   Leverett, 
Milk,    Prince,    Purchase,    State,    and 
Water),  5,  7,  20,  21,  22,  26,  20,  36,  41,  45,  66,  69, 
71,  72,  78,  86,  88,  92,  102,  105,  106,  110,  112, 
114,  117,  118,  119,  120,  122,  123,  126,  127,  128, 
131,  132,  137,  139,  141,  142,  145,  146,  165,  168, 
177, 178,  182,  189,  190,  191,  192,  212,  215,  222, 
223,  225,  229,  230,  232,  233,  236,  237,  238,  239, 
243,  247,  249,  265,  274,  280,  289,  290,  316,  318, 
320,  321,  324,  326,  334,  337,  340,  342,  346,  347, 
350,  351,  353,  357,  353,  359,  301,  302,  367,  378, 
379,  380,  383,  398,  399,  401,  403,  405,  416,  417, 
418,  419,  424,  425,  426,  431,  432,  436,  438,  440, 
442,  443,  444,  445,  446,  450,  457,  459,  462,  474, 
486,  490,  504,  522,  532,  536,  537,  543,  546,  549, 
659,  562,  566,  567,  571,  581,  582,  585,  598,  599, 
600,  602,  608,  617,  628,  633,  639,  647,  660,  661, 
663,  668,  669,  678,  681,  685,  686,  689,  690,  692, 
693,  697,  708,  719,  720,  721,  723,  724,  725,  730, 


Page 
733,  734,  737,  762,  764,  786,  788,  790,  791,  793, 
794,  795,  796,  797,  798,  799,  803,  806,  813,  820, 
832,  835,  837,  839,  849,  859,  867,  869,  871,  872, 
876,  879,  885,  899,  902,  905,  920,  921,  922,  928, 
929,  932,  933,  934,  936,  937,  939,  940,  948,  949, 
953,  962,  973,  977,  990,  993,  994,  995,  996,  997, 
998,  1001,  1011,  1021,  1035,  1038,  1039,  1045, 
1046,  1047,  1048,  1049 

Boston  Gazette 189 

Boston  Gazette  and  Country  Journal      .       .       .      933 

Boston  Harbor 1005 

Boston  Neck 222,  223,  243,  244 

Boston  Post 440 

Boston  Town  No.  One 1046 

Bosworth,  Ephraim 122, 126, 127 

Boucher,  Thomas 122, 126,  127 

Bound  Brook 78, 617 

Bound  Brook  Island 983 

Bound  Pond 810 

Bourn,  Elisha 635 

Bourn,  Sylvanus         .  104, 135,  136,  227,  229,  352,  438 

Bourn,  William 925,  930,  933,  948 

Boutineau,  James 107,  108, 109 

Boutwcll,  Ebenezer 171 

Bowden,  Benjamin 109 

Bowen,  G.iwen 798 

Bowen,  Nathan  .        .        .         109,  626,  794,  800,  835,  836 

Bowen,  Thomas 159 

Bowers,  Jurathmeel,  351,  352,  565,  783,  797,  924,  947,  948, 

1044 

Bowes,  William 998 

Bowditch,  Joseph 108 

Bowdoin,  James,    96,  98, 104,  117, 141,  142,  228,  320,  344, 

352,  357,  438,  450,  521,  542,  547,  551, 

554,  563,  566,  568,  600,  630,  634,  635, 

832,  925,  949,  996,  1006 

Bowdoin,  William     ....       108,  600,  796,  832 

Bowdoinham 600,  682,  870 

Bowman,  Jonathan 355,  797 

Box,  John 109 

Boxford,    8,  102,  147,  251,  385,  475,  586,  648,  709,  821,  886, 

963 

Boyce,  John 902 

Boycr,  Peter 521 

Boylston 816 

Boylston,  Nicholas 795,  998 

Boynton,  Nathaniel 794 

Brackett,  Samuel 863 

Bradbury,  John  .        .        .96,  112,  135,  562,  563,  626,  875 
Bradbury,  Thcophilns        .        .        356,  547,  548,  792,  874 

Braddock,  Edward 134 

Bradford,    8,  147,  251,  385,  475,  586,  648,  709,  821,  886,  963 

Bradford,  Gamaliel,     96,  104,  131,  140,  229,  342,  343,  566, 

625,  694,  697,  946,  1004,  1005 

Bradford,  John 1004 


Bradford,  Thomas 
Bradley,  Daniel,  jun. 
Bradley,  Samuel 
Bradstrect,  John 


795 
797 
800 
232 


Braintree,    7,  99,  146,  249,  383,  420,  474,  585,  647,  708,  799, 

820,  885,  962 

BraUle,  William,  96,  97,  98,  100,  101,  104,  105,  112,  113, 
115,  117,  118,  127,  132,  133, 135,  227, 
228,  229,  231,  241,  337,  340,  351,  355, 
357,  361,  362,  449,  450,  521,  542,  547, 
554,  559,  560,  568,  634,  635,  691,  692, 
696,  699,  785,  786,  791,  864,  871,  873, 
874,  924,  929,  931,  933,  948,  994,  996, 
998,  999, 1004, 1043, 1044 


1056 


Index  of  Names. 


Page 

Bread  Street  (Boston) 921,  948 

Brick  Island 600 

Bridford,  Alexander 797 

Bridge,  Nathaniel 796 

Bridge-water,  11,  150,  257,  391,  479,  591,  653,  713,  826,  892, 

967 

Brigham,  Rev.  Mr 358 

Brigs,  John 1037 

Brimfield,  10, 149,  254,  334,  342,  343,  361,  362,  388,  477, 
588,  601,  650,  694,  695,  710,  818,  823,  858, 
865,  889,  965,  995 

Brindley,  Francis 172 

Bristol 810,  870,  879,  880,  924 

Bristol,  County  of,  12,  14,  103, 104, 118,  122, 151, 152, 153, 
231,  238,  258,  260,  337,  354,  355,  392, 
395,  480,  482,  498,  547,  548,  592,  595, 
654,  656,  714,  716,  734,  737,  758,  776, 
792,  827,  829,  845,  874,  893,  896,  968, 
970,  984 
Bristol,  Frederick  Augustus  Hervey,  Earl  of,      926,  944 

Britain 1045 

British  Empire 232,  903,  947 

Britton,  David 796 

Broad  Cove 879 

Bromfield,  Henry 108,  521 

Bronson,  William 349 

Brookfield,        10,  99,  149,  255,  342,  389,  478,  486,  549,  571, 

589,  651,  712,  789,  824,  890,  966,  995 

Brookline,  7, 146, 249,  383,  474,  545,  685,  647,  708,  797,  820, 

885,  926,  962 

Brooks,  Benjamin 789 

Brooks,  Caleb 104, 342 

Broome  (The  schooner) 131 

Brown,  Aaron 795 

Brown,  Charles 797 

Brown,  David 735 

Brown,  Deliverance 797 

Brown,  Elisha 796 

Brown,  John,       566,  695,  795,  796,  797,  875,  876,  924,  936, 

1047 

Brown,  Jonathan 796, 798 

Brown,  Joseph 797 

Brown,  Josiah 272,  420,  421 

Brown,  Phineas 795 

Brown,  Samuel,  jun 701 

Brown,  Sylvanus  (see  Bourn). 

Brown,  Thomas 170,  487,  794 

Brown,  William 698,  793 

Brown,  Woodbridge 694,  873 

Browne,  Samuel 797 

Brown's  Cove 810, 879 

Bruce,  John 171 

Brunswick,  13,  46,  152,  259,  393,  439,  481,  593,  655,  715, 

828,  884,  894,  969 

Brunswick,  Fort 94, 682 

Bryant,  James 787 

Bryant,  John 107 

Bryant,  Jonathan 797 

Bryant,  Solomon 692 

Bryant,  William 795 

Bryant,  Zeblon 1037 

Buckminstcr,  Joseph,  97,  98,  109, 170, 171, 172,  228,  240, 
358,  359,  449,  861,  864 

Bucknara,  Jacob 795 

Bulfinch,  Samuel 925 

Bumstead,  Thomas 799 

Bunker,  John 122 

Burk,  John  ........       695,  783 

Burk's  Garrison 95 


Pagb 

Bumap,  Benjamin,  jun 173 

Burnham,  Samuel 807 

Burt,  Daniel 853 

Burt,  Stephen 327 

Butler,  John 795 

Butler,  Phineas 800 

Butler,  Thomas 1004 

Butterfly  (The  sloop) 129 

C. 

Cadaraqui 232 

Caldwell,  John 860,  861 

Calef,  John 1000 

Oftlef,  Joseph 358 

Call,  Caleb 330,  799 

Call,  Obadiah 866 

Callender,  John 797 

Callender,  Joseph 795 

Callender,  Joseph,  jun 797 

Calves-Pasture  Point 22,  23 

Cambridge,  8, 98, 147,  251,  385,  475,  586,  648,  678,  679,  690, 
709,  734,  737,  739,  776,  788,  800,  821,  868,  887, 
946,  957,  903,  1039 

Campbell,  Alexander 794, 795 

Campbell,  Duncan 96,  98,  794 

Campbell,  John  (see  Loudoun, also  Argyll). 
Canada,  76,  88,  89,  102,  131,  134, 135, 136, 137, 138, 139, 140, 
141, 142, 157,  161,  163,  191,  195,  199,  200,  215, 216, 
232,  233,  235,  237,  241,  268,  269,  281,  337,  348, 349, 
376,  421,  460,  520,  562,  630,  863,  864,  946,  948 
Canterbury,  Archbishop  of  (see  Seeker) . 
Cape  Breton         ....        103,232,346,363,437 

Cape  Cod 529,  530,  867,  974,  992 

Cape  Elizabeth    ....        838,  866,  872,  873,  969 

Cape  Sables 100 

Carnel,  George 171 

Carncs,  John       ........      513 

Carncs,  Thomas 795 

Carpenter,  Andrew 542 

Carpenter,  Daniel 518,  519,  543 

Carpenter,  Thomas 463,  643 

Carter,  John 797 

Carter,  Jonathan 344 

Carter,  Nathan 170 

Casco  Bay 106,  373,  626 

Castle  Island        .        .        .        .        .        .       113,115,118 

Castle  William,  47,  72, 105, 114, 117, 118, 142, 166, 191, 229, 
230,  240,  276,  284,  297,  344,  349, 356, 370, 
460,  580,  630,  666,  727,  749, 813,  882, 956, 
1015 

Catamock  Island 832 

Cavendish,  William  (see  Devonshire). 

Chadburne,  Benjamin         ....         46,  954,  992 

Chadwell,  Benjamin 128 

Chadwick,  John 667,  946 

Chamberlain,  Lord  (see  Devonshire). 

Chancellor,  Lord  (see  Pratt). 

Chancellor  of  the  Exchequer  (see  Townshend). 

Chandler,  Gardner      .        .        .        122,  238,  354,  355,  547 

Chandler,  John    .   96,  104,  116,  189,  228,  626,  869,  929,  930 

Chappaquiddic 693 

Chapin,  Gad 1034 

Chapin,  Nathan 1036,  1037 

Charity,  Jaraes 797 

Charlcmont,  95,  432,  816,  823,  865,  870,  889, 965, 1020, 1021, 

1022, 1046,  1047 

Charles  II 123 

Charles  River 92,  776 


Index  of  Names. 


1057 


Page 

Charlestown,  8,  86,  99, 147, 192, 233, 251, 329, 330,  331,  332, 

370,  385,  420,  475,  549,  586,  608,  648,  678,  709, 

733,  734,  737,  738,  776,  788,  794,  795,  799,  821, 

840,  887,  903 

Charlestown  Ferry 223 

Charltou  {see  Gore,  the),  10,  94,  149,  255,  389,478,580, 

651,  712,  824,  890,  966 

Charming  Molly  (The  brigantine)     ....      128 

Chase,  Amnii 632 

Chase,  Amos 1019,  1020 

Chatham,  12,  151,  257,  391,  479,  559,  691,  653,  693,  713,  826, 

892,  968 

Chauncy,  Charles 521 

Chauncy,  Elizabeth 92 

Chebacco 806 

Chebago  Pond 578 

Checkley,  Samuel,  jun 521 

Cheelisaunkun,  Jacob 699 

Checver,  Abner 795 

Cheever,  David 795,  797 

Checver,  Ezekiel 97,  99,  565,  1033 

Cheever,  Joshua 108 

Chelmsford,  8,  147,  252,  386,  475,  587,  649,  709,  821,  887, 

903 
Chelsea,  7,  104,  146,  250,  384,  474,  585,  647,  708,  729,  820, 

885,  960,  962,  1005 

Cheney,  Thomas 122,  120,  127 

Chesterfield,  573,  625,  627,  823,  837,  8G5,  889,  9S5,  1023, 

1049 

Cbicopec  River S34,  361,  S62,  044 

Chignecto 128,  348 

Child,  Ebenezor 800 

Chilmark,  13,  152,  259,  394,  481,  564,  565,  594,  616,  633,  634, 
656,  715,  828,  832,  895,  909,  910,  970,  988,  989, 
1003,  1004 

Chilmark  Pond 989 

Chipman,  Samuel 96 

Choate,  Benjamin 795 

Cboate,  Francis 806,  807 

Choate,  John,  97,  98,  105,  114,  115,  116,  117,  135,  450,  554, 
561,  564,  560,  634,  678,  696,  785,  786,  793, 
806,  807 

Cboate,  William 131 

Cholmondeley,  George  Cholmondeley,  Earl  of       .      944 

Christiantown 619,  635 

Church,  Benjamin       ....      521,  795,  798,  1011 

Church,  Benjamin,  jun 799 

Church,  Mosea 797 

Church,  Nathaniel 943 

Church's  Bridge 1011 

Churchmen 1044 

Chute,  Thomas 121 

Clap,  Samuel 1029 

Clap,  Thomas,  103,  131, 142,  355,  448,  449,  551,  558,  562, 
626,  696,  697,  785,  786,  862,  864,  867,  875, 
1006, 1033 
Clare,  Thomas  Pelham  Holies,  "Viscount*  [Marquess  of], 

926,  944,  945,  1003 

Clark,  Ephraim 871 

Clark,  Israel 1034 

Clark,  John 129, 228 

Clark,  Joseph 357 

Clark,  Thomas 333 

Clarke,  Benjamin 106,  521 

Clarke,  Christopher 521 


Page 
Clarke,  Daniel     .        .         122,  238,  239,  354,  355,  547,  639 

Clarke,  Henry 142 

Clarke,  Thomas 344 

Clarke,  Thomas   {Deptity  Secretary),  127,  359,  929,  974 

Cleaveland,  Ebenezor 871 

Cleavcland,  John 871 

Cleeves,  Benjamin 799,  800 

Clement  {nee  Clements). 

Clement,  Moses 797 

Clements,  Timothy 797 

Cleverly,  Stephen 798 

Cobb,  Samuel 1003,  1004 

Coburn,  Ebenezer 794 

Cochichawick  Brook 907 

Codraan,  Isaac ,        .      794 

CoiBn,  Ebenezer 797 

Coffin,  John 109 

Coffin,  Jonathan 229 

Coffin,  Josiah 104 

Coffin,  Kicbard 103,  229 

Coffin,  William,  jun 796 

Cognehew,  Reuben 691,  692 

Cold  Hill 1011 

Coldspring  .        .        .        .10,  149,  254,  388,  464,  543,  929 

Collins,  Joseph 122,  126,  127 

Collitoau,  Edward 128 

Colniau         .        .        .        . 573 

Colmau,  Benjamin 108 

Coliuan,  James 908 

Colrain,  95,  451,  400,  477,  531,  548,  588,  650,  711,  816,  823, 

889,  965 

Colton,  Benjamin 334,  361 

Colville,  Alexander  Colville,  Lord    .        .        .       932,  933 

Commiug,  Isaac 862 

Compton,  Ellis 131 

Conant  {nte  Cunants). 

Conant,  Daniel 800 

Conants,  Nathaniel 799 

Concord,  8,  147,  251,  385,  475,  587,  648,  705,  709,  737,  742, 
786,  788,  821,  887,  903 

Concord  River 92,  742,  857,  906 

Congregationalists 122,  125,  876 

Connecticut,    84,  120,  129,  130,  138,  141,  187,  220,  243,  303, 

356,  412,  432,  511,  513,  514,  550,  561,  503,  564, 

613,  630,  674,  772,  791  ,'792,  855,  917,  922,  923, 

949,  981,  1006 

Connecticut  River       ...  92,  369,  774,  776,  943 

Conqueret,  Abigail 994 

Conquerct,  Lewis 994 

Convers,  Joshua 800 

Conway 955, 956,  1013 

Conway,  Hon.  Henry  Seymour  {Secretary  of  Slate) ,  926, 
933,  934,  938,  939,  944 

Conway,  Neal 129 

Cook,  Aaron 107 

Cook,  Benjamin 839 

Cook,  Daniel 339 

Cook,  Joseph       .        .        .        .     '  .        ,        .        ,      107 

Cook,  Middlecot 521 

Cookson,  Faith 624 

Cookson,  Obadiab 624 

Coolidge,  Nathaniel 121 

Coolidge,  Peter 121 

Cooper,  Anthony  Ashley  (see  Sha/tesbury). 

Cooper,  Jacob 339 


*  Sir  .Thomas  Pelham  (Holies),  Bart.,  was  made  Viscount  Haughton  and  Earl  of  Clare,  Oct.  19, 1714;  and,  on 
the  lltb  of  August  following,  he  was  made  Marquess  of  Clare  and  Duke  of  Newcastle-upon-Tyne  Later  he  had 
other  dignities  conferred  upon  him,  but  he  was  never  Viscount  Clare.    See  Newcastle,  infra. 


1058 


Index  of  Najvies. 


Page 
Cooper,  John      .••••••     618, 519 

Cooper,  Samuel  ..••••..      521 

Cooper,  Thomas  ..•••..      108,  446 
Coram,  Thomas  ..»•••••      933 

Cordis,  Cord 107 

Corey,  Ephraim 797 

Cottle's  Lane  (Newbury) 676 

Cotton,  Roland    ....         99, 100,  101,  103,  345 

Cotton,  William 787 

Coverly,  John 796 

Coverly,  Thomas 798 

Cozens,  Joseph 170 

Craige,  James 625 

Crane,  Gershom 336 

Crittenden,  Isaac 1037 

Crittenden,  Isaac,  jun 1037 

Crocker,  Cornelius 692 

Crocker,  William 558 

Crosby,  Sampson 797 

Crown  Point  .  17,  18, 137, 141, 160,  161,  538,  546,  630 
Cumberland,  County  of,  350,  355,  356,  373,  374,  424,  425, 
439,  480,  482,  540,  547,  548,  577, 
593,  595,  626,  628,  655,  657,  694, 
715,  716,  730,  734,  737,  788,  792, 
828,  829,  835,  838,  866,  873,  874, 
894,  896,  969,  970,  1017,  1046 

Cumberland,  Fort 128,242,348 

Cumberland  (The  sloop) 128 

Cumming,  Alexander 521 

Cummings,  Donald 565 

Cunningham,  Nathaniel 1046 

Curtis,  Joseph 272,  420,  421 

Curtis,  Nchcmiah 441 

Curwen,  Samuel 108 

Cushing,  Adam 863 

Cushing,  Caleb    .  96,  103,  326,  361,  565,  615,  616,  626, 1033 

Cushing,  Charles 547,  797 

Cushing,  Ezekiel 871,  872 

Cushing,  John,  98,  115,  131,  133,  135,  227,  231,  238, 
241,  438,  444,  445,  551,  554,  564,  565, 
566,   867 

Cashing,  John,  jun 354,355,547 

Cushing,  Jonathan 521 

Cushing,  Joseph 98 

Cushing,  Josiah 542 

dishing,  Samuel 107 

Cushing,  Thomas  {Speaker  of  the  House  of  Repre- 
sentatives),        222,  243,  289,  351,  521, 
537,  566,  568,  582,  583,  629,  692,  697, 
791,  793,  795,  813,  814,  924,  933,  941, 
996, 1036 

Cushing,  William 797 

Cushnoc 94 

Cust,  Sir  John  {Speaker  of  the  House  of  Commons),  944 

Cutler,  Jonas 789 

Cutler,  Robert 782 

Cutler,  Sarah 548 

Cutt,  Richard,  104,  108,  112,  229,  626,  627,  628,  694,  797, 

1033 
Cutts,  Thomas       ......       1019, 1020 


D. 


Dafforn,  Isaac     .       .       ■       ■ 

.      921 

Daigle,  Michael  ... 

948 

Dalton,  James     .        ,        . 

,        .        .        .      358,431 

iJalton,  Michael  .        .        , 

96 

Baniariscotta  River    .        , 

731,  810,  879 

Damariscove  Islands  .       , 

47 

Fagb 

Dam  Swamp 902 

Dana,  Caleb 967, 1046 

Dana,  Richard     ........      936 

Daniel,  Darius 902 

Danielson,  Timothy 1000 

Danforth,  Samuel,  104, 118, 121, 133, 139,  189,  228,  240, 
289,  378,  431,  442,  444,  449,  450,  565, 
627,  630,  785,  791,  919,  929,  930,  931, 
948,  996,  998 

Danforth,  Samuel,  M.D 996 

Danforth,  Thomas 172 

Danvers,  5,  7,  93,  94,  101,  146,  250,  358,  384,  474,  586,  647, 

708,  820,  886,  962 

Darling,  Amos 171 

Darling,  Benjamin 902 

Dartmouth,  12,  118,  151,  258,  337,  392,  480,  592,  616,  633, 
634,  654,  714,  743,  827,  893,  968,  984,  985 
Dartmouth,  WiUiam  Legge,  Earl  of        .       .       .      936 
Darracott  {see  Darricott). 

Darricott,  William 799 

D'Autreraont,  Joseph 100,  101 

David,  King 792 

Davis,  Aaron,  jun. 798 

Da%i8,  Benjamin 795,  798 

Davis,  Daniel 122,  238,  354 

Davis,  Edward 103, 1035 

Davis,  John 1039, 1043, 1044 

Davis,  Tristram 875 

Davison,  John .        .      794 

Dawes,  WiUiam,  jun 796,797 

Day,  Benjamin 340,  864,  865,  927 

Day,  Eleazer 943 

Day,  Joseph 902 

Day,  William 1023,  1048 

De  Berdt,  Dennys 936,  938 

Dehlois,  Gilbert 122 

Deblois,  Stephen,  jun 998 

Dedham,      7,  98,  146,  223,  225,  249,  383, 401,  474,  544,  545, 

585,  647,  708,  809,  820,  885,  962 

Deerfield,  9,  148,  253,  387,  466,  476,  531,  545,  588,  625,  650, 

694,  710,  815,  818,  823,  863,  864,  865,  884,  888, 

927,  955,  956,  965,  1013,  1014 

Deerfield  River 864,  955 

DeGrey,  William 943, 944 

Doming,  Sanuiel 521 

Denbigh,  Basil  Fielding,  Earl  of       .        .        .        .944 

Dennie,  John 521 

Denny,  Samuel 268,  287,  731,  794 

Denny,  Thomas 1044 

Dcshon,  Moses .      108,  796 

D'Estaing,  Charles  Hector,  Count   ....      946 

Devens,  Richard 794 

Devonshire,  William  Cavendish,  Duke  of  {Lord 

Chamberlain) 134,  926,  944 

Dewur,  Andrew 128 

Dewey,  Israel 995 

Dexter,  Samuel,    108,  521.  876,  919,  933,  934,  948,  996,  998 

Dickinson,  Esther 1034 

Dickinson,  Israel 874 

Dickinson,  John 238 

Dickinson,  Obadiah 864,  1035 

Dickraan,  William 794 

Dighton,  12, 151,  258,  392,  480,  592,  654,  714,  797,  827,  893, 

968 

Disse^nters 123,  125,  126 

Dix,  John 796 

Doane,  Elisha 697,  1000 

Doanc,  James      ........      943 

Doane,  Joseph    ..•••...      693 


Index  op  Names. 


1059 


Page 

Dock  Square  (Boston) 724 

Doeskin  Hill 172 

Dodge,  Nowell 794 

Dodge,  No  well,  jun 795 

Dodge,  William 799,  800 

Dogget,  John 128 

Dolbear,  Benjamin 521 

Dole,  Daniel 795 

Dole,  Oliver 797 

Donnel,  Nathaniel 103 

Dorchester,       7,  100,  101,  146,  249,  370,  383,  474,  585,  624, 

647,  708,  809,  820,  885,  962 

Dorchester-Canada,     479,  590,  632,  685,  60G,  713,  721,  738, 

739,  784,  790,  946 

Dorrington,  John 131 

Doty,  Thomas 138, 139,  227 

Douglas,  Charles  (.see  Qiuensberry). 
Douglass,         11,  150,  256,  390,  478,  590,  652,  712,  825,  891, 

967,  996 

Downe,  Samuel 795,  796,  798 

Dowse,  Joseph 108,  109 

Dracut,        9,  148,  253,  387,  476,  587,  649,  710,  822,  888,  964 

Drake,  Josiah 1036 

Dry  Pond 802 

Dudley,    11,  150,  228,  255,  389,  478,  590,  652,  712,  794,  825, 

891,  926,  967,  996 

Dudley,  William 862 

Duke  (The  brigantine) 128 

Dukes  County,  13,  14,  103, 104, 122, 141, 152,  153,  238,  259, 
260,  354,  355,  394,  395,  435,  481,  482,  523, 
526,  530,  547,  548,  564,  565,  594,  595,  619, 
635,  656,  657,  715,  716,  734,  737,  792,  828, 
829,  832,  874,  895,  896,  909,  970,  974,  988 

Dumaresq,  Philip 795 

Dummer,  John 799 

Dummer,  William 123,  1001 

Duncan,  George 994 

Dunk  (see  Halifax) . 

Dunstable,  9,  148,  253,  387,  476,  587,  649,  710,  822,  888,  964 

DuQuesno,  Fort 232 

Durell,  Philip 233,  236 

Duxbury,         11,  150,  256,  390,  479,  591,  652,  713,  820,  892, 

926,  967 
Dwight,  Joseph    .        .       465,531,535,563,601,780,1006 

Dwight,  Josiah 1028,  1029,  1034 

Dwight,  Timothy 173 

Dwight,  Timothy,  jun.       .        .         1028,1029,1034,1049 
Dyson,  Jeremiah 945 

Eagle  (see  Baigle). 

Eames,  Jacob 796 

Eames,  Joseph 171 

Eames,  Nathaniel 171 

Easman,  William 1034 

Eastham,    12,  68,  151,  228,  257,  391,  414,  427,  428,  479,  529, 

591,  642,  653,  664,  665,  697,  713,  826,  892,  968, 

974 

East  Hoosuck 809 

Eastman,  William 1033,  1034 

Easton,       12,  99,  102, 152,  258,  392,  480,  592,  654,  714,  827, 

862,  803,  893,  968 

Eaton,  Benjamin 109,  799 

Eaton,  Jacob 879 

Eaton,  Noah 170 

Ebenezer 1036 

Edgartown,     13, 152,  259,  394,  481,  523,  524,  564,  565,  594, 
656,  715,  737,  828,  895,  970 


Page 

Edmonds,  Jonathan 170 

Edson,  Josiah 229, 876 

Edward,  Fort 134 

Edwards,  Benjamin 109,  799 

Edwards,  Richard 787 

Egremont,     286,  388,  432,  477,  589,  651,  711,  824,  889,  965, 

995 

Eliot,  Andrew 521,  938 

Elizabeth  Islands 564,  633 

Elizabeth,  Queen 34,110 

Elizabeth  (The  schooner) 128 

Elliot,  Sir  Gilbert,  Bart 944,  1045 

Ellis,  John 1037 

Ellis,  Reuben 1037 

Ellis,  WoUbore 944 

Elmer's  Brook 1012 

Elmor,  Edward 173 

Elwell,  Robert 128 

Ely,  Joel 943 

Emerson  Bulkley 799 

Emmes,  Samuel 108 

Emmons,  Nathaniel 799 

Emmons,  Samuel 799 

Endeavour  (The  schooner)        ....       129,  131 

Enfield,       9,  148,  253,  387,  477,  588,  650,  711,  823,  8S9,  965 

England,        44,  48,  72,  96,  104,  110,  112,  115,  116,  117, 118, 

122,  123,  125,  126,  138,  166,  357,  439,  444, 

522,  550,  559,  560,  568,  029,  792,  925,  929, 

939,  943,  996,  997,  998,  1006,  1039,  1043 

English 1001,  1002 

Epes,  Daniel        .        .         109,  122,  238,  354,  355,  547,  792 

Episcopalians 123 

Equivalent  Land 531,535 

Erving,  John,  96,  114,  115,  140,  228,  229,  320,  351,  352,  438, 
450,  521,  542,  547,  625,  794,  861,  932,  1004 

Erving,  John,  jun 122,795 

Ervingshire 534,  604 

Essex,  County  of,  7,  8,  14,  61,  103,  104,  122,  146,  153,  206, 
220,  238,  250,  200,  296,  310,  354,  355, 
358,  359,  384,  394,  474,  482,  498,  547, 
548,  586,  595,  647,  648,  656,  696,  708, 
716,  731,  734,  737,  749,  758,  770,  792, 
806,  808,  820,  829,  845,  874,  886,  896, 
962,  970,  974,  1030,  1031 

Estabrooks,  Benjamin 344 

Estaing,  De  (see  D'Estaing). 

Estes,  William 795 

Europe 236, 345, 560 

F. 

Fairfield,  William 798 

Fair  Lady  (The  schooner) 128 

Falltown 95,441,477,530 

Falmouth  (Barnstable  County),  12,  119, 151,  229,  257,  391, 

441,  479,  592,  640,  653, 

693,  713,  797,  814,  826, 

893,  968,  1022 

Falmouth  (Cumberland  County),      13, 106, 152,  259,  373, 

374,  381,  393,  424, 
438,  450,  480,  525, 
626,  540,  565,  566, 
678,  593,  626,  627, 
628,  655,  694,  715, 
730,  734,  737,  828, 
838,  866,  871,  872, 
873,  874,  884,  894, 
969 
Falmouth  (The  ship) .......     131 


1060 


Index  of  Names. 


425,  426,  537, 


Falmouth,  Hugh  Boacawen,  Viscount 

Faneuil,  Benjamin,  jun, 

Faneuil  Hall 

Faneuil-Hall  Market 

Farley,  Michael  . 

Farley,  Nathaniel 

Farlow,  Michael  . 

Faniham,  Daniel 

Farnum,  Moses  . 

Farrer,  John 

Faulkner,  Jonathan 

Fayerweather,  John 

Fayerweather,  Thomas 

Felt,  John    . 

Felton,  Francis    . 

Felton,  Nathaniel 

Fenno,  Benjamin 

Fenno,  Ephraim . 

Field,  Seth  . 

Fielding,  Basil  (see  Denbigh) 

Fish  Street  (Newbury) 

Fisk,  Isaac  . 

Fisk,  Jacob . 

Fitchburg,    685,  686,  713,  825,   870, 


Fitzherbert,  "William 

Fitzmaurice,  William  {see  Shelburne). 

Fitzroy,  Augustus  Henry  {see  Grafton) 

Flagg,  David 

Fleet,  William 

Fletcher,  Thomas, 


Page 

926,944 

.      431 

568,  724,  813,  814 

637,  724 

798,  948 

798,  799 

.      807 

109,  326,  360,  616,  798, 1031 

336,  337,  338,  339 


170 
347 
107 
521 
548 
794 
798 
100 
797 
604 

676 

170 

874,  875 

908,  909,  946, 

967 

.  1003,1045 


794,  799 
.      128 


122,  238,  239,  364,  355,  521,  547,  548, 
792,  874 

Floyd,  Hugh .549 

Flucker,  Thomas,  88,  96,  97, 107, 113, 114, 121, 127, 135, 
136,  142,  228,  230,  241,  351,  337,  438, 
443,  449,  450,  521,  546,  565,  630,  634, 
798,  834,  875,  876, 931, 932, 1004, 1047 

Folger,  Abishai 103,  229,  635,  928 

Folger,  Timothy 1004 

FoUansbe  (see  Follingsby). 

FoUingsby,  Thomas 796 

Forbes,  James 795 

Fore  River 838 

Foster,  Isaac 330 

Foster,  Jedidiah  ....    342,  789,  1000,  1048 

Foster,  Joseph 545,  546 

Foster,  Thomas,  105,  109,  132,  136,  140,  142,  439,  440,  542, 

543,  561,  563,  568,  634,  635,  692,  697, 

791,  867,  868,  933 

Fowcy  (The  ship)      ....        421,  427,  438,  439 

Fowle,  Jacob       ....        108,  IIC,  131,  141,  142 

Fowler,  Bildad 356 

Fox,  Henry 134,  345,  436 

Fox,  Henry  Thomas  {see  Ilchester). 

Foxcroft,  Thomas 521 

Fox  Hill 323 

Foye,  John 108 

Framiugham,   8, 147,  170, 171, 172,  252,  386,  475,  587,  648, 

709,  821,  887,  963 

France,  104, 132, 133, 137, 139, 156, 198,  227,  230,  236,  241, 

279,  284,  551,  554,  558,  643,  787,  946,  999 

Frankfort 287,349 

Franklin,  John 927 

Frascr  {see  Frazer). 

Frazer,  Simon     ........      112 

Frederick,  Fort 95,  348 

Freeman,  Enoch 438 

Freeman,  John 228,  665 

Freeman,  Philip 122, 126, 127,  796 


Pagb 

Freetown,       12, 151,  258,  337,  392, 480,  592,  632,  654,  714, 
743,  827,  866,  893,  968 

French 520,561,787,1001 

Frobisher,  WilUam     .       .       .      996,  997,  998, 999, 1000 

Frontenac,  Fort 232 

Frost,  Ebenezer 735 

Frost,  John 128 

Frost,  Samuel 170 

Frothingham,  Andrew 799 

Frothingham,  Joseph 799 

Frye,  Peter 948,  1004 

Fuller,  Aaron 1037 

Fuller,  Amos 97, 936 

Fuller,  Jeremiah 862 

Fuller,  Timothy 359 

Fullerton,  John 921 

Fundy,  Bay  of 240 

Furnass,  John     ..•••...      793 


G. 


Gage,  Thomas  . 
Gardner,  Grace  . 
Gardner,  Henry  . 
Gardner,  John  . 
Gardner,  Sylvester 


.   932. 933 

.  107 
.  635, 1047 

.  109 
349,  438,  697 


Gardner's-Oanada  (or  Roxbury -Canada) ,    545,  633,  693, 

694 

171 

341,342 

128 

863 


Gates,  Amos 

Gates,  Hezekiah 

Gay,  Calvin 

Gay,  Hezekiah 

Gay,  Martin 798 

George  1 164,467,776,985,993 

George  II.,  110,  132,  137,  139,  230,  236,  419,  424,  431,  447, 
490,  491,  492,  514,  515,  516,  529,  538,  556, 
557,  578,  579,  582,  602,  615,  616,  617,  620, 
623,  042,  661,  665,  666,  668,  681,  682,  722, 
725,  726,  706,  807,  811,  859,  880,  920,  921, 
958,  973,  997, 1022,  1025 

George  HI 436,  514,  766,  837 

George's  Banks 756,  843 

Georgetown,  13,  152,  259,  267,  344,  356,  393,  439,  481,  548, 
594,  655,  715,  828,  895,  926,  969 

Gerrish,  John 794 

Gerrish,  Joseph  ....        240,  326,  342,  360 

Gerrish,  Joseph,  jun.,  109, 326,  327,  439,  615,  616,  625,  635, 

701,  871,  873,  1033,  1035 

Gerrish,  Samuel 990 

Gibbs,  Henry 109, 929 

Gibbs,  Jonathan 109 

Gibbs,  Micah 170 

Gibraltar 131 

Giddinge,  Daniel 228 

Gifford,  Melatiah 119 

Gilbert,  Thomas         ....        547,  648,  792,  874 

Gill,  Moses 521 

Gillpatrick,  Thomas 1019, 1020 

Girdo,  Margaret 97 

Gloucester  .  8,  86, 130, 147, 192,  233,  251,  385,  441,  475, 
586,  648,  709,  821,  871,  886,  927,  963, 
1005 

Glover,  John 797 

Glover,  Jonathan 797 

Glover,  Samuel 142 

Goddard,  Martha 171 

Goddard,  Nathan 805, 861,  862 

Goldthwait,  Benjamin       .       .       •       •       .       .      796 
Goldthwait,  David 109 


Index  of  Names. 


1061 


Page 
Goldthwait,  Ezeklel 107,521 

Goldthwait,  Hannah 109 

Goldthwait,  Thomas,  189,  230,  289,  357,  546,  791,  919,  948 

Goodonow,  Peter 343 

Gooding,  John 131 

Goodrich,  Charles 701 

Goose  Islands 47 

Gore,  John 794 

Gore,  the  (Charlton)  .       • 94 

Gorham       .        .  730,  783,  787,  828,  870,  894,  927,  969 

Gorham,  John 119,  227 

Gorhamtown       .  481,  593,  628,  655,  694,  715,  730,  783,  884 

Gott,  John 142 

Gould,  John 108,339 

Gould,  Joseph 122,126,127 

Gould,  Kobert 796,  798 

Governor's  Island 113 

Gowen,  James 797 

Grafton,  11,  150,  228,  256,  390,  478,  590,  652,  712,  797,  825, 

891,  927,  967 
Grafton,  Augustus  Henry  Fitzroy,  Duke  of  .        .      944 

Grafton,  Joseph,  jun 796 

Granby 1011,  1012,  1013 

Granby,  John  Manners,  Marquess  of      .        .        .      944 

Grant,  Joseph 108,  446 

Grant,  Samuel 243,  521 

GranvlUe,      149,  254,  388,  432,  477,  588,  650,  711,  823,  889, 

965 

Gray,  Benjamin 521 

Gray,  Harrison,  438,  521,  546,  559,  625,  785,  834,  875,  924, 

925,  932,  933 

Gray,  Samuel 109 

Gray,  Thomas    ....       521,  793,  796,  834,  949 

Gray,  "William 521 

Great  Barrington,  356,  450,  465,  466,  477,  544,  563,  589, 
628,  651,  711,  738,  790,  792,  824, 
889,  907,  908,  960,  905,  995, 
1044 

Great  Brewster 993 

QreaX  Britain,  77,  79,  84,  89,  93,  97, 110,  111,  115, 117,132, 
137, 139,  163, 182, 187,  200,  201,  217,  228, 
230,  236,  282,  283,  298,  303,  330,  346,  308, 
380,  404,  407,  412,  438,  458,  506,  511,  513, 
536,  549,  550,  551,  554,  563,  568,  581,  583, 
609,  613,  614,  630,  645,  662,  670,  674,  697, 
698,  706,  719,  768,  772,  805,  851,  855,  903, 
913,  917,  922,  927,  928,  929,  930,  936,  940, 
942,  946,  977,  981, 1003,  1032 

Great  Island 983 

Great  Pond 322 

Green 816 

Green,  James 799,  998 

Green,  Jeremiah 109, 239 

Green,  John 795 

Green,  Joseph 107,108,521 

Green,  Nahum 794 

Green,  Thomas 122,126,127 

Greene,  Benjamin,  jun.      ...*..      998 

Greene,  Nathaniel      . 998 

Greene,  Thomas 107 

Greenfield,  10, 149,  254,  388,  476,  531,  588,  650,  694,  710, 
818,  823,  865,  888,  955,  965,  1013 

Greenleaf,  Abel 799 

Greenleaf,  Benjamin 872, 1000 

Greenleaf,  John 326,  360,  521 

Greenleaf,  Stephen 131,921 

Greenleaf,  William 521 

Greenleaf,  William,  jun 706 

Green's-Harbor  Marsh       ••«•..      487 


Page 

Green's-Harbor  River 487 

Greenwich,     10,  149,  254,  388,  477,  486,  588,  650,  706,  711, 

782,  823,  889,  965 

Greenwood,  Nathaniel 108, 798 

Greer,  John 799 

Gridley,  Jeremy  ....  96, 107, 114,  928 

Gridlcy,  Richard 928 

GrifBn,  Joseph 109 

Griffin's  Island 642 

Griffith's  Island 983 

Groton,      9,  100,  148,  252,  386,  476,  587,  649,  710,  788,  789, 
822, 887,  909,  947,  964 

Grow,  William 129, 131 

Gurnet 992, 1004,  1005 

Gutteridge's  Garrison        ......       95 

H. 

Hadley,      9, 107,  149,  173,  230,  231,  254,  388,  464,  476,  588, 
649,  710,  822,  888,  943,  964,  1012 

Hagar,  Ebenezer 170 

Hale,  Ezekiel 796 

Hale,  Robert        .        ,        .         113,  115, 116,  117, 127, 128 

Hale,  Roger 932 

Hale,  William 866 

Halestowii 990 

Halifax,  11,  151,  257,  391,  479,  591,  653,  713,  826,  892, 

967 

Halifax  (Nova  Scotia),  97,  112, 113,  117, 128, 129, 130, 131, 

133,  229,  236,  240,  242,  346,  347, 

348,546 

Halifax,  George  Montague  Dunk,  Earl  of,      44,  227,  345, 

350,  447,  448 

Halifax,  Fort 94, 448,  701 

Hall,  Hezekiah 338,  339 

Hall,  Jonathan 130,  798 

Hall,  Stephen,  97,  99,  109, 142,  521,  794,  924,  931,  948,  999, 

1004 

Hall,  William 109, 358 

Hallet,  Enoch 874 

Hallet,  Peter 859 

Hallet,  Stephen 859 

Hallowell,  Benjamin,  521,  903,  920, 921,  922,  931,  6^5,  937, 

941,  948,  949 

Hallowell,  Samuel 921 

Hallowell,  William 921 

Hamblen,  Jacob 787 

Hamilton,  William  Gerard  .  .  227,  350,  447,  448 
Hammatt,  or  Haramet,  Benjamin  .  .  .  521,  798 
Hampshire,  County  of,  9, 10, 14, 103, 104, 107, 122, 133, 148, 
153, 173,  230,  238,  253,  254,  260, 
263,  264,  334,  340,  342,  354,  355, 
356,  362,  387,  388,  394,  432,  433, 
434,  450,  451,  464,  465,  466,  476, 
482,  486,  498,  524,  530,  533,  547, 
648,  558,  565,  567,  573,  588,  595, 
601,  604,  624,  644,  645,  649,  650, 
656,  679,  694,  701,  710,  716,  723, 
734,  737,  740,  758,  782,  788,  792, 
815,  816,  822,  829,  837,  845,  857, 
859,  803,  805,  874,  8S8,  896,  929, 
943, 955,  900,  964,  970, 995, 1011, 
1013, 1015, 1021, 1023, 1028, 1037, 
1039, 1043, 1045, 1047, 1048, 1049 

Hanbury,  Thomas 567 

Hancock,  John     .         795,  814,  931,  935,  996,  997,  998,  999 

Hancock,  Nathaniel 103 

Hancock,  Thomas       .        .       238,  320,  438,  521,  937,  1046 
Hanes,  Samuel 108 


1062 


Index  of  Names. 


Page 
Hanover,  11, 101, 151,  257,  339,  391,  479,  591,  653,  713,  818, 

826,  865,  892,  967 
Harcourt,  Simon  Harcourt,  Earl  of .        .        .        .      944 

Hardcastle,  Samuel 797 

Hardwick,       11,  150,  256,  390,  441,  478,  486,  577,  590,  652, 

712,  825,  874,  891,  967,  996 

Hardy,  Job 339 

Harlow,  Samuel 131 

Ilarndell,  Eben 795 

Harnden,  Ebenezer 107,  795,  799 

llarpswcll.  District  of,    46,  47,  152,  259,  381,  393,  441,  481, 

593,  655,  715,  828,  894,  969 

Harrington,  Jonathan 794 

Harris,  John 795 

Harrison,  Charles 625 

Harrod,  Benjamin 796, 799 

Hartford 135 

Hartwcll,  Edward       .  228,  340, 445,  546,  565,  686,  701,  721 

Hart  wood 817,  1028 

Harvard,  11,  150,  255,  389,  478,  590,  652,  712,  825,  891,  967, 

996 

Harvard  College,    15,  154,  261,  396,  422,  483,  521,  596,  658, 

717,  830,  834,  835,  8G8,  809,  897,  971,  986 

Harvey,  Nathaniel 1036 

Harvey,  Zachariah 343 

Harwich,  12,  151,  228,  257,  391,  414,  415,  427,  428,  479,  520, 
591,  653,  681,  713,  826,  892,  968 

Haskell,  Mark 130 

Haskins,  John 798 

Hatch,  Nathaniel,        108,  109,  189,  238,  241,  289,  357,  546, 

554,  919,  948 
Hatfield,  9, 148,  238,  253,  387,  476,  573,  588,  650,  694,  710, 
815,  818,  823,  865,  888,  955,  965,  1037 
Hathaway,  John  . 
Haven,  Benjamin 
Haven,  Daniel 
Haven,  David 
Haven,  Elkanah  • 
Haven,  Isaac  . 
Haven,  James 
Haven,  James,  jun. 
Haveu,  John 
Haven,  Joseph  . 
Haven,  Squier     . 


632 

171 

170 

170 

171 

170 

170 

170 

171,  861,  862 

170, 172 

.      170 

Haverhill,  8,  147,  251,  385,  475,  586,  648,  709,  797,  799,  800, 

821,  886,  963 

Hawke,  Sir  Edward,  Bart 1003 

Hawkomoka  Point 267,344 

Hawks,  Ebenezer 109 

Hawks's  Garrison 95 

Hawley,  Gideon 691,  692, 603 

Hawley,  Joseph  .        .  103,  369,  864,  865,  927,  940,  960 

Hay,  Thomas  {see  Kinnoul). 

Hayes,  James 799 

Haynes,  Joseph 800 

Hay  ward,  James 109,  444,  445 

Hearsey,  Joshua 544,  871 

Heath,  Samuel 223,  401,  402,  442 

Hedge,  Lemuel 604 

Heely,  Joshua 228 

Hellon,  Ratcliflf 797 

Hellsgate 267,344 

Hemingway,  Ebenezer 170 

Hemingway,  Jonathan 171 

Hemingway,  Joseph 171 

Hemingway,  Ralph 170 

Hemingway,  Sylvanua 170 

Henchman,  Nathaniel 795 

Henderson,  Joseph 798 


Faob 

Hendley,  Samuel 794, 795 

Henley,  Robert  {see  27brthington). 

Henry,  James 1034 

Henry,  Josiah 1034 

Henahaw,  Joshua,       222,  243,  289,  351,  521,  582,  583,  631, 

696,  784,  796 

Henton,  John 349 

Herrick,  Henry 872, 1004 

Herrington 810 

Hersey,  Ezekiel 102 

Hervey,  Frederick  Augustus  {nee  Bristol). 

Hewes,  Robert 795 

Hewes,  Samuel,     222,  243,  289,  351,  537,  582,  583,  813,  814 

Hewes's  Farm 809 

Hewins,  Joseph 692,  809,  862,  863 

Hickling,  William 521 

Hickling,  William,  jun 797 

Higginson,  Stephen 103,  357,  561 

High  Street  (Newbury) 676 

Hildroth,  Epbraira 789 

Hildreth,  Ephraim,  jun 794 

Hill,  Abraham     .        .        .         543,  544,  805,  860,  861,  862 

Hill,  Alexander 108,  521 

Hill,  John     .        .        .        .104,108,239,543,861,875,936 

Hill,  Samuel 521 

Hill,  Thomas 243 

Hill,  Wills  {see  ITUlsborough). 

Hillsborough,  Wills  Hill,  Earl  of     .        .        .     944,  1032 

Hillyard,  Joseph 1034 

Hinckley,  Aaron 682 

Hinckley,  Isaac 693 

Hingham,     7,  70,  102,  146,  249,  383,  467,  474,  544,  585,  647, 
708,  820,  885,  962,  999,  1000 

Hirons,  Richard 999,  1000 

Hispaniola 105 

Hitchbourn,  William 797 

Hobby,  Jonathan 796 

Hodgson,  John 796 

Holbrook,  Jesse 126 

Holbrook,  Samuel 794 

Holburne,  Francis,  Rear  Admiral    ...         97, 133 

Holden,    11,  150,  256,  266,  390,  478,  540,  590,  652,  712,  734, 

735,  825,  891,  967,  991 

Holden,  Joseph 340 

Holies  {see  Clare,  and  Newcastle). 

Holliday,  John 799 

Hollis  Hall  (Cambridge) 834,  868 

Ilollis,  Isaac 501,  503 

Holliston,  9,  148,  253,  387,  476,  587,  649,  710,  822,  888,  926, 

964 

Holman,  Nathaniel 566 

Holmes,  Abiel 357 

Holmes,  Nathaniel 521,  796 

Homer,  John 795 

Homes,  William 621 

Holt,  Mary 685 

Holton,  Samuel 873 

Holyoke,  Edward 521,  834 

Hoockanum  Point 487 

Hooper,  Moses 131 

Hooper,  Robert  ........      521 

Hopkins,  Mark 450 

Hopkinton,       9,  148,  252,  386,  439,  475,  587,  632,  649,  709, 
796,  822,  887,  926,  927,  964 

Hoppen,  Thomas 799 

Hornby,  James 129 

Iloskins,  Anthony 349 

HosL-ins,  William 798, 799 

Houghton,  Benjamin 231,  343 


Index  of  Names. 


1063 


Page 
Houghton,  Philemon .  •  <  .  .  .  .797 
Iloulton,  Jonas    ..••••..      340 

Housatonic  River 700,  817 

House,  James 101 

IIow,  David,  jun 170 

How,  Eliphalet 735 

IIow,  Enoa 109,  444 

IIow,  Ezekiel 170 

IIow,  Jaazaniah 789 

IIow,  Joseph 799 

IIow,  Thomas 795 

Howard,  Daniel  .  103,  444,  449,  566,  634,  635,  692,  696,  861 

Howe,  Ahner 107 

Howe,  Richard  Howe,  Viscount       ....      944 

Huhbard,  Daniel 998 

Hubbard,  Isaac 173 

Hubbard,  Thomas  {Speaker  of  the  House  of  Rep- 
resentatives), 113,  114,  115,  117,  127, 
134,  137,  228,  320,  359,  443,  448, 
449,  521,  562,  6;34,  692,  702,  794, 
834,  932,  933,  1035 

Hubbard,  William 998 

Hubbardston 953, 954,  966 

Hubbell,  Ithamer 301,  928 

Hull      .       7, 146,  250,  384,  474,  585,  647,  708,  820,  885,  962 

Hume,  Hugh  (see  Marchmont) . 

Humphrey,  James,       96,  103,  444,  635,  785,  919,  925,  1035 

Hunt,  Alexander 431 

Hunt,  Daniel 542 

Hunt,  Ebenezer 863,  1034, 1044 

Hunt,  Ephraim 463,  542,  863,  864 

Hunt,  John 518,  519 

Hunt,  Mary 540 

Hunt,  William 122 

Huntstown,  477,  588,  625,  650,  711,  783,  815,  818,  823,  864, 
865,  884,  927, 1015,  1035,  1036,  1039,  1041, 
1045 

Hussey,  Nicholas 130 

Ilussey,  Obed      .        .        .         103,  355,  547,  548,  792,  874 

Ilussey,  Stephen 998 

Hutchinson,  Foster 107,  108,  794 

Hutchinson,  Shrimpton 798 

Hutchinson,  Thomas,  93,  94,  96,  98, 101, 102, 107, 112, 113, 
114,  115,  117, 132,  135,  142,  227,  240, 
242,  320,  345,  348,  350,  Z'A,  357,  363, 
367,  436,  449,  547,  551,  554,  557,  560, 
668,  691,  699,  786,  792,  793,  794,  795, 
796,  797,  798,  799,  800,  869,  903,  931, 
937,  941,  943,  945,  994,  1000,  1007, 
1032, 1033,  1038,  1039,  1045 

Hutchinson,  Thomas,  jun 799 

Hyslop,  WilUam 521 

I. 

Ide,  Joseph 542 

Ide,  Josiah  .........      542 

Ilchester,  Henry  Thomas  Fox,  Earl  of    .        .       .      944 

Inches,  Henderson 521 

Independents 122, 1045 

Indian  Island 672,  1019 

Industry  (The  schooner) 129 

Ingalls,  Benjamin 799 

Ingalls,  John 799 

IngersoU,  David 1044 

Ingersoll,  John 1043, 1048 

Ingraham,  Edward 797 

Ingraham,  Philip 173 

lugraham,  Reuben      .......      173 


Page 
Inkhorn  Brook   .       .       .    '    .       .       .       .      627, 730 

Inman,  Ralph 107, 108,  109,  796 

Ipswich,     7, 146,  250,  384,  474,  586,  647,  708,  713,  731,  734, 

737,  739,  797,  798,  799,  806,  807,  808,  820,  871, 

886,  962,  974 

Ipswich  Bay 220, 974 

Ipswich-Canada  .        .        .        479,  533,  590,  652,  713,  721 
Ireland  ....         112,132,137,139,230,236 

Irving,  John 108 

Ivors,  Thomas 798 


J. 

Jackson,  Edward 624 

Jackson,  Joseph,  222,  243,  289,  351,  521,  582,  583,  795,  814, 

932 

Jackson,  Richard,  jun.,      536,  568,  581,  662,  663,  719,  720, 

784,  785,  994, 1005,  1032,  1049 


Jackson,  Thomas 
Jackson,  Thomas,  jun. 
Jacob,  Benjamin 
Jacob,  Vilnian 
Jamaica 
James  I. 
Jarvis,  Leonard 
Jofl'ries,  David 
Jefl'ries,  John 
Jenison,  Peter 
Jenks,  Samuel 


.   796 
.   107 
.   231 
.  1036 
.   128, 447 
.   110 
140,  795,  796,  932 
.   796 
88, 133, 189 
.   170 
.   799 


Jenyns,  Soame,  44,  227,  350,  352,  447,  448,  451,  452,  868, 

945, 1045 

Jercmy-Sctuam  Island 731 

Jcrnigan,  William 1004 

Jersey,  East  and  West,  84,  187,  303,  345,  412,  511,  613, 
674,  772,  855,  917,  981 

Johnson,  Benjamin 109,  796 

Johnson,  James 797 

Johnson,  John 171 

Johnson,  Josiah •      936, 947 

Johnson,  Sir  William,  Bart 661,  564 

Johnston,  Josiah         .......      100 

Johonnot,  Francis 795 

Johonnot,  Zachariah 621,  795,  796 

Jolly  Robin  (The  schooner) 131 

Joues,  Benjamin 799,  800 

Jones,  Cornelius 816 

Jones,  Daniel       ....        794,  795,  797,  798,  799 

Jones,  Elisha 696 

Jones,  Elisha,  jun 547,  548,  792 

Jones,  Ephraim 873 

Jones,  John  ....        109,  228,  243,  439,  632 

Jones,  William 799 

Jordan,  Jonathan 863 

Jordan,  Rish worth 46,573 

Joseph 564 

Joy,  Benjamin 798 

Joy,  Jacob .      356 

Joy,  John *.       ...      798 

Judah  Howe's  Range 23,  24 

Junkins,  John 129 

K. 

Karswell,  James  {see  Kerswell). 

Kellog,  Joseph 1033 

Kellog,  Martyn 661,  563 

Kellog,  Nathaniel 783, 864 

Kellog,  Stephen 349 

Kelly's  Ferry       ........      642 


1064 


Index  of  Names. 


Page 

Kelog,  Stephen 349 

Kennebeck  Purchase 2S7,  349,  600 

Kennebeck  River       .       .        267,287,344,349,600,695 

Kennebunk  River 546, 992 

Kensington,  The  court  at 93,111 

Kent,  Samuel 330 

Kent,  Stephen 108 

Kerswcll,  James         .......      696 

Kesteven  {see  Ancasier). 

Kettell,  James 795,  799 

Kettle,  James  {see  Kettell). 

Kilby,  William  Tyler 795 

Kimball,  Amos 701 

King,  Ezra 334,361 

King  George  (The  ship)  ...  142, 192,  198,  232 
King,  Samuel  .  .  .  .^  •  .  .  .362 
King  Street  (Boston)  ....     358,  931, 1049 

King,  Thomas 800 

King's  Pond 272,  273,  420,  421 

Kingsley,  Nathaniel 695 

Kingston,  11, 151, 257,  391,  479,  591,  653,  713,  826,  892,  967, 

1005 
Kinnoul,  Thomas  Hay,  Earl  of  .  .  4S9,  440,  567 
Kittery,  13,  152,  258,  393,  480,  593,  654,  696,  714,  797,  827, 

871,  893,  969 

Kneeland,  Solomon 797 

Konkopot,  John ........     699 


I<. 


Labradore,  John 97,  98 

Lake,  Thomas 344 

Lamb,  Sir  Matthew,  Bart.,  92,  93,  111,  226,  227,  336,  436, 
447,  448,  450,  451,  452,  540, 
541,  624,  627,  690,  691,  782, 
790,  859,  860,  870,  924,  949, 
994 

Lamb,  Samuel     .       . 170 

Lancaster,  10,  149,  255,  266,  267,  342,  344,  389,  420,  421, 
478,  589,  651,  712,  797,  800,  824,  890,  927, 
931,  966,  991,  994,  995,  1004,  1049 

Lancaster,  Thomas 338,  565,  785 

Landrey,  Joseph 100 

Lane,  Ebenezer 872,  875 

Lanesborough     ....        815,  816,  870,  890,  966 

Langdon,  Edward 521 

Langdon,  Samuel 871 

Larrabee,  John 356 

Lasenby,  Joseph 230 

Laughton,  Henry 998 

Lawrence,  Abel 789,  794 

Lawrence,  Charles      .        .       .        .97,  98,  99, 100,  946 

Lawrence,  James 876 

Lawrence,  Jonathan 789 

Lawrence,  "William     .  98,  101, 140,  243,  342,  355,  449,  701 

Laws,  Archibald 109, 445 

Leathe,  Jcdidiah 796 

Leavitt,  Dudley 530, 974 

Lebanon 561, 663,  564,  954 

Lebby,  George 633 

Le  Blanc,  Francis 995 

Le  Blanc,  Jacques 99 

Lechmerc,  Thomas 937 

Lee,  George  Henry  (see  Lichfield). 

Lee,  Jeremiah 109,  835,  830 

Lee,  Joseph 107, 108,  793,  834 

Lee,  Richard 129 

Leo,  Samuel .     350 


Page 

Legge,  William  {see  Dartmouth). 

Legget,  Thomas 994 

Leicester,  10,  94,  99,  150,  255,  266,  389,  478,  589,  625,  651, 

695,  712,  734,  735,  789,  794,  825,  890,  966,  995 

Leicester  Square  .......      353 

Leighton,  William 797 

Lemmon,  Joseph .      794 

Lennox,  Charles  (see  Richmond). 

Lenox 905,906,966,1027,1028 

Leominster,  11,  150,  256,  266,  390,  478,  590,  652,  685,  712, 
825,  891,  967,  994,  996 

Leonard,  Ephraim 121 

Leonard,  George         ....        104,231,361,875 

Leverett,  John 794,  795,  798 

Lcverett  Street  (Boston) S58,  431 

Leverrett,  Thomas 795 

Lewis,  Ezekiel 425,  537,  813,  814 

Lewis,  Thomas 800 

Lewis,  Timothy 1043 

Lexington,  8, 147, 252,  386,  475,  587,  648,  706,  709,  782,  783, 
794,  821,  887,  946,  963 

Lexington  Farms 946 

Lichfield,  George  Henry  Lee,  Earl  of      .        .       926,  944 

Lillie,  Theophilus 707 

Lincoln,  9,  148,  253,  387,  476,  587,  649,  706,  710,  782,  783, 

822,  888,  904 
Lincoln,  Benjamin,  104,  107,  338,  340,  342,  343,  351,  354, 
361,  544,  563,  565,  566,  698,  785,  789, 
791,  995, 1035, 1048 

Lincoln,  Benjamin,  jun 999,1000 

Lincoln,  County  of,  350,  355,  356,  374,  375,  424,  425,  439, 
451,  481,  482,  540,  547,  548,  594,  595, 
600,  655,  657,  682,  715,  716,  731,  734, 
737,  792,  810,  828,  829,  874,  879,  880, 
895,  896,  924,  969,  970 

Lisbon 128, 131 

Litch,  Thomas 795 

Lithgow,  William 448, 600 

Littell,  Moses  (-see  Little). 

Little,  Abigail 782 

Little  Harbor 70 

Little  Island 1031 

Little,  Moses 798,  799 

Little,  Natlianicl ....        355,  547,  548,  792,  874 

Little  River 682 

Littleton,  9,  148,  252,  337,  386,  475,  587,  649,  709,  794,  795, 

822,  887,  964 

Livcrraore,  Samuel,  101,  103,  229,  231,  337,  338,  351,  546, 

551,  564,  634,  635,  696,  098 

Livermorc,  William 355,  356 

Logan,  Walter 108 

Lombard,  Solomon 787,  788 

London,  233,  345,  346,  357,  459,  541,  542,  561,  581,  663,  720, 
784,  785,  793,  806,  860,  929,  931,  936,  996,  997, 
999,  1045 
London,  Bishop  of  {see  Terrick). 
Longfellow,  Stephen  , 
Long  Hill     . 


Lord,  John,  jun. 
Lord,  Joseph 
Lord,  Samuel  3d 
Loring,  Israel 
Loring,  Jonathan 
Loring,  Nathaniel 
Loring,  Thoinas  . 
Lotlirop,  Barnabas 


46,  578,  730,  873 
.  542 
.  103 
805,  800,  861 
.  807 
.  797 
.  108 
.  796 
.  107 
.      547 


Loudoun,  John  Campbell,  Earl  of,  18, 112, 114, 115,  IIG, 

117, 118, 128,  133, 
134, 135,  237 


Index  of  Naivies. 


1065 


Page 

Louisbourg,  130, 132, 133,  135,  232,  240,  242,  335,  346,  347, 

348,  362,  363,  629,  030 

Loveit,  Jonathan 872 

Lovcjoy,  Abiel 797 

Lovet,  Phineas 337,  635 

Lowell,  Ebenezer 799 

Lowell,  John 325 

Lowell,  John,  jun 796 

Lucas,  Abiel 799 

Lumbart,  John 78,  617 

Lunenburg,  11,  150,  255,  389,  478,  590,  652,  685,  686,  701, 
712,  739,  795,  796,  800,  825,  891,  908,  967, 
996 

Lunenburg  (Nova  Scotia) 348 

Luscomb,  Robert 327 

Lyde,  ByfieUl 108 

Lydilind  (The  schooner) 128 

Lye,  Lot  {see  Kye). 

Lyman,  Gad        .        .        .         122,  238,  354,  355,  547,  548 

Lynde,  Benjamin,  96,  97, 104, 105,  109, 116, 117,  127, 133, 

135,  231,  241,  340,  357,  444,  450,  549, 

561,  564,  791,  794,  795,  796,  797,  798, 

799,  800,  925 

Lynn,  7, 146,  250,  384,  474,  586,  648,  708,  776,  795,  821,  886, 

963 

Lynn  (The  brigantine) 129 

Lyon,  Aaron 1036, 1038 


M. 

Maccarty,  Thomas 799 

Mackay,  William 795 

Mackenzie,  James  Stewart 944 

Macnamara,  Matthew 797 

Macomber,  Stephen 327,  329 

Madeira 128 

MagooD,  Isaac 486 

Maine 350 

Malcolm,  Allan 356 

Malcolm,  Michael 356 

Maiden,     8,  148,  252,  386,  475,  587,  649,  709,  795,  799,  821, 

887,  903 
Manchester,      8, 147,  251,  385,  475,  586,  648,  709,  821,  886, 

926,  963 
Manners,  John  (see  Granby). 

Mansfield,  Isaac 109,  836 

Mansis,  Cornelius 797 

Mansize,  Cornelius     .......      799 

Marble,  Ephraim 1037 

Marblehead,  7,  86,  98,  146,  192,  233,  250,  384,  474,  513,  586, 

647,  708,  786,  794,  799,  800,  821,  886,  963, 

1017,  1046 
Marchmont,  Hugh  Hume,  Earl  of    .        .        .       .      944 

Marcy  Moses 228,  875,  876,  996 

Marlborough,   8, 147,  252,  386,  475,  587,  648,  709,  821,  8S7, 

963 

Marshall,  Dr 931 

Marshall,  Thomas 521,  795 

Marsbfield,       11,  98, 150,  256,  390,  479,  487,  591,  652,  713, 

826,  892,  907 

Marston,  Nymphas 229 

Martha's  Vineyard,    229,  435,  530,  564,  619,  634,  635,  091, 

693,  909,  974,  1003 

Martin,  James 797 

Martin,  John 874,  875,  879 

Martyn,  Richard 521 

Mary  (The  schooner) 128 

Maryland     .       .       .       ...       .       .       .        99, 131 


Page 
Mary,  Queen,   52,  54, 122,  288,  321,  353,  380,  452,  529,  622, 
628,  641,  686,  705,  870,  911,  944,  974,  985, 
1001, 1044 

Mascarene,  John 928, 929, 931 

Mashapoag  Brook 862 

Mashpee       .        .  229,  639,  640,  641,  691,  692,  693,  920 

Mashpee  Indians 692, 693 

Mason,  Jonathan 521 

Mason,  Thomas 796 

MassachusLtts,  or  Massachusetts  Bay,  5, 17, 18,  20,  26,  44, 

55,  76,  79,  88,  93, 
111,  114,  116,  117, 
120, 122,  124,  125, 
126, 127, 132, 133, 
134, 136,  137,  139, 
160, 163, 182, 190, 
199,  201,  216,  227, 
230,  235,  236,  240, 
247,  268,  271,  282, 
298,  305,  335,  345, 
346,  347,  350,  351, 
352,  359,  360,  367, 
368,  371,  376,  380, 
401,  407,  437,  438, 
439,  440,  443,  447, 
448,  449,  452,  457, 
459,  400,  470,  490, 
491,  492,  493,  506, 
516,  517,  523,  536, 
638,  553,  559,  562, 
563,  571,  578,  579, 
581,  602,  608,  623, 
627,  629,  630,  639, 
663,  606,  609,  697, 
705,  720,  720,  753, 
767,  784,  785,  788, 
792,  798,  803,  806, 
811,  840,  850,  800, 
868,  879,  880,  881, 
904,  913,  920,  928, 
929,  938,  943,  944, 
945,  946,  949,  953, 
'  958,  977,  992,  997, 

1002,  1003,  1006, 
1007,  1011,  1025, 
1026,  1036,  1037, 
1038,  1045,  1047, 
1049 

Massachusetts,  Fort 95 

Massachusetts  Gazette,      777,  778,  779,  780,  794,  798,  799, 

926,  938,  945 
Massachusetts  Gazette  and  Boston  News-Letter  .  798 
Master  of  the  Rolls  {see  Sewelt) . 

Masters,  Philip -     .      239 

Mather,  Samuel 521,  573, 1047,  1048 

Mauduit,  Israel 563 

Mauduil,  Jasper,  440,  536,  568,  581,  629,  630,  602,  663,  697, 
719,  720,  784,  785,  805,  806, 1006 

Maxwell,  Hugh 797 

Mayflower  (The  schooner) 130 

Mayhew,  Land  of 815,  865 

Mayhew,  Jonathan 521 

Mayhew,  Matthew     ....        103,  229,  909,  989 

Mayhew,  Zachariah 1004 

Maj-nard,  Jonathan 171 

Mayo,  Joseph 223,  401,  402,  442 

McCarthy,  Daniel 92 

McCarthy,  Mary 92 

McClclan,  John 131 


1066 


Index  of  Names. 


Page 

McDaniel,  Hugh 795, 797 

McDaniel,  John 78S 

McLellan,  Hugh 787 

Mc Vicars,  William 797 

Mears  (see  Meurs). 

Medfield,   7, 100, 101, 146,  249,  383,  474,  544,  545,  585,  647, 

708,  820,  885,  962 
Medford,    9, 148,  252,  386,  475,  549,  587,  649,  709,  776,  799, 

822,  887,  964 

Medford  River 92 

Medway,   7, 126, 146,  249,  338,  383,  474,  585,  647,  708,  820, 

885,  962 

Meeting-House  Hill 223,  401,  442 

Mcllen,  James 876 

Mellen,  Joseph 927 

Mellin,  James 171 

Mellin,  Richard 170 

Melville,  John 521 

Mendon,  10, 149,  255,  339,  389,  478,  589,  635,  651,  712,  824, 

890,  902,  966,  995 

Menis 106 

Mercury  (The  ship) 347 

Merick,  James 361 

Merriconeag  Neck 46,  111,  112 

Merrimack  River,  92,  676,  698,  741,  742,  774,  776,  857,  907, 

991 

Merryman,  Thomas 548 

Merry-Meeting  Bay 373,  600,  682 

Messervey,  Colonel 128 

Metcalf,  Timothy 103, 442 

Methuen,     8,  97, 147,  251,  385,  475,  586,  648,  709,  821,  886, 

963 
Meurs,  Ann         ........      106 

Meuse,  Charles 98,  99, 102 

Meuse,  Francis 97,  98, 101 

Meuse,  Lawrence 97 

Middlehorough,     11, 150,  229,  257,  391,  420,  479,  591,  653, 

713,  725,  776,  826,  837,  838,  892,  960, 

967,  975 

Middlesex,  County  of,  8, 14,  61, 92, 103, 104, 122, 133, 147, 

148,  153,  170,  171,  172,  206,  208, 

251,  252,  260,  274,  296,  310,  331, 

354,  355,  385,  386,  394,  475,  476, 

482,  498,  526,  547,  548,  549,  586, 

595,  648,  656,  678,  709,  710,  716, 

733,  734,  737,  738,  749,  758,  776, 

788,  789,  792,  821,  822,  829,  840, 

845,  874,  887,  888,  896,  906,  908, 

909,  957,  963,  964,  970,  973 

Jliddleton,  8, 147, 251, 359,  385,  475,  586,  648,  709,  821,  886, 

926,  963 
Milk  Street  (Boston)  .        .       358,  431,  920,  921,  922,  948 

Miller,  David 109 

Miller,  John 109 

Miller,  Joseph 341 

Miller,  Stephen 139 

Miller,  William 924 

Millerd,  Peter 542 

Milliken,  Benjamin 795,  876 

Milliken,  Edward 46 

Mills,  John 798 

Mills,  Solomon 109 

Milton,      7, 100,  146,  249,  383,  474,  585,  647,  708,  820,  885, 

962 
Minot,  James      .       .       .       .       .       .       .        .  97, 98 

Minot,  John 47 

Minot,  Samuel 521 

Mitchell,  William 797 

M'Keokney,  John       .......      797 


Paob 

Mohawks  (Tribe  of) 561,  563,  564 

Molineaux  (The  ship) 131 

Monatiquot  River 420 

Monson,  District  of,    334,  342,  343,  361,  362,  477,  588,  601, 

650,  710,  818,  823,  865,  889,  905 

Montage,  Mary 1034 

Montague,  District  of,  10, 149,  254,  388,  476,  588,  632,  650, 

706,  710,  782,  783,  823,  888,  965 

Montague,  Luke 1034 

Montague,  Moses 1012, 1034 

Montague,  Peter 1012 

Montgomery,  Christopher 798 

Montreal 137 

Monument  Ponds 333, 360,  974 

Moodey,  Benjamin 676 

Moodey,  Daniel  ........    1034 

Moodey,  Joseph 1012, 1034 

Moodey,  Josiah 1034 

Moodey,  Noah 1012,1034 

Moodey,  Samuel 1011 

Moor 333 

Moore,  Abijah 343 

Moore,  Augustus 272, 420, 421 

Moores,  Benjamin 800 

Moores,  Edmund 799 

Moreland,  William 795,  796,  798 

Morey,  Thomas 449,  634,  696,  791 

Morgan,  Isaac 797 

Morgan,  Lucas 943 

Morris,  Francis •       .        .      994 

Morris,  Jacques 98,  99, 101 

Morse,  Samuel 631 

Morton,  Bryant 787 

Morton,  Jonathan 233 

Mosley,  Azariah 104S 

Mosley,  David 1047 

Moulton,  Daniel 46, 108 

Moulton,  Ebenezer 122, 126, 127 

Moulton,  Stephen 463 

Moulton,  Thomas       ....       547,  548,  792,  874 

Moulton,  William 798 

Mountgrace 534 

Mountsweeg  Bay 267, 344 

Mountsweeg  River 267,287,344 

Mtokksin,  Johannes 699 

Muis  {see  Meuse) . 

Mullakin,  Benjamin 990 

Munger,  Daniel 349 

Murray,  James 947 

Murray,  John,  112,  113,  174,  450,  534,  545,  547,  572,  625, 

735,  797,  869,  875,  946,  948,  954,  996,  1033 

Murray,  William,  Earl  of  Mansfield         .        .        .346 

Murrayfield 837,  869,  870, 102S 

Muscongus  River 879, 880 

Musketo  (The  snow) 130 

Mystic  River 778 


sr. 

Namasket  River 725 

Nantucket  (see  Sherburne),  6,  51, 130, 145, 157, 194, 195, 

196,  229,  247,  529,  691,  974 

Nantucket,  County  of,  13, 14, 103,  104, 122,  153,  238,  260, 

354,  355,  394,  395,  481,  482,  547, 

548,  594,  595,  656,  657,  715,  716, 

738,  792,  829,  874,  895,  896,  970 

Nantucket  Indians 692 

Narragansett  Fight 265 


Index  of  Names. 


1067 


Page 

Narragansett  No.  One,  372,  373,  480,  593,  627,  632,  633, 

655,  714,  730,  827,  894,  969 

Narragansett  No.  Two  CWestminster) ,  11, 150,  256,  265, 

266,  340,  342,  739 

Narragansett  No.  Four 573,  815 

Narragansett  No.  Six  (Teraplcton)  .        .       478,  533,  534 
Narragansett  No.  Seven  (Gorham)  .       .       627,  787,  788 

Nash 107 

Nash,  Daniel 1033 

Nash,  Daniel,  jun 943 

Nash,  David 1034 

Nash,  Eleazer 865,1012,1033 

Nash,  Enos 103,  876 

Nash,  John 230 

Nash,  Phineas 349 

Nash,  Timothy 238 

Nason,  Benjamin 1019,  1020 

Natick,9,  97,  148,228,  253,387,  476,  526,  527,  545,  587,  631, 
649,  710,  822,  888,  964 

Nausham  (or  Naushon)  Island 832 

Needham,  7,  97,  146,  249,  383,  474,  545,  585,  631,  647,  708, 

820,  885,  962 

Needham,  'William 797 

Neguasset 267,  344 

Neguasset  Bay 267,  344 

Nelson,  Nathaniel 339 

Ncnnemesset  Island 832 

Neponset  River 92,  776 

Nevis 129 

Newall,  David 330 

New  Boston 627 

New  Braintree,  10,  149,  255,  389,  478,  571,  589,  651,  712, 

825,  890,  966 
Newbury  (see,  also,  under  the  following  names 
of  streets,  &c.  :     Cottle's  Lane,  Fish, 
High,  West  Indies),  1,  146,  250,  325,  326,  360, 
384, 474,  566,  586,  615, 647,  676,  677,  678,  698, 
699, 708,  785,  797,  820,  870,  886,  927,  960,  962, 
996,1030 
Newhuryport,  676,  677,  678,  698,  708,  722,  737,  785,  795, 
796,  797,  798,  799,  820,  870,  886,  927, 
960,  962,  975,  996 
Newcastle     .        ,        .         481,  594,  655,  715,  828,  895,  969 
Newcastle,  Thomas  Holies  Pelham,  Duke  of  .       134,  345 
Newell,  Ebenezer       ....       223,  401,  402,  442 

Newell,  Timothy 521,  795 

New  England,  79,  93,  111,  121, 122, 127, 132,  136,  139, 182, 
230,  235,  236,  298,  345,  346,  359,  407,  506, 
563,  568,  608,  634,  640,  669,  767,  850,  913, 
926,  929,  944,  949,  977,  996,  1003,  1036, 
1037, 1038,  1045,  1047 

Newfoundland 70,  131 

New  Framingham       ....        432,  434,  815,  824 

New  Gloucester 627 

Newhall,  Benjamin 229,  351,  444 

Newhall,  John    ....        1        ...      795 

Newhall,  Jonathan 794 

New  Hampshire,  84,  138,  142,  187,  220,  303,  347,  412,  432, 
511,  513,  514,  550,  613,  674,  772,  855, 
917,  922,  923,  949,  981, 1006 

New  Haven 993 

New  Hingham 573, 1049 

New  Jersey 138,  945 

New  London 625 

Newman,  Henry 521 

Newman,  John 103,352,798 

New  Marblehead        .       .       .       481, 577, 593, 626, 627 

New  Marlborough,  10, 149, 254,  263, 264, 388,  432,  477,  531, 

535,  589,  651,  711,  824,  889,  966 


Page 

New-Meadows  Creek 373 

New  Plymouth 287,  487,  600 

New  Salem,  10,  149,  254,  204,  340,  388,  477,  534,  588,  650, 

706,  711,  782,  783,  823,  884,  889,  927,  965 

Newton,  8,  96,  147,  251,  385,  475,  587,  648,  709,  821,  887, 

963 

Newton,  James 172 

Newton,  Uriah 734,  735 

New  York,  84,  114,  115,  116,  117,  120,  129, 130, 131, 133, 
138,  187,  229,  232,  233,  240,  303,  345,  346, 
347,  412,  438,  440,  511,  613,  674,  772,  794, 
855,  917,  928,  936,  981,  993,  994,  1006, 
1007 
Nichols,  Ebenezer      ....       138,  862,  875,  929 

Nichols,  James 795 

Nichols,  William 798 

Niles,  Samuel 228,  231,  442 

Noble,  James 794 

Noble,  Thomas 5o8 

Nobscusset 23,  24,  323,  1023 

Nobscut 172 

Neman's  Land 564 

North  America,  18,  47,  94, 114,  116, 118, 132, 137,  175,  197, 
230,  235,  279,  284,  285,  348,  362,  368, 
380,  387,  427,  520,  521,  523,  536,  502, 
563,  568,  1003 

North,  Frederick  North,  Lord 944 

North  River 859,  974 

North  Yarmouth,  13,  112, 152,  259,  354,  393,  480,  578,  593, 

626,  627,  655,  715,  828,  884,  894,  969 

Northampton,    9,  94,  148,  239,  253,  387,  476,  563,  565,  573, 

588,  649,  694,  710,  737,  818,  822,  837,  865, 

888,  943,  964,  1034 

Northborough 839,  874,  891,  906 

Northey,  Edward 799 

Northfield,  9, 107, 149, 254,  388,  476,  531,  588,  604,  650,  710, 

823,  888,  965 
Northington,  Robert  Henley,  Earl  of  {Lord  Presi- 
dent of  the  Council) 944 

North-west  Division 955 

Norton,    12,  151,  231,  258,  392,  480,  592,  654,  714,  827,  893, 

908 

Norton,  John 229, 354 

Nosset  Meadow 530,  974 

Nottage,  Josiah 799 

Nourse,  Ebenezer 353 

Nova  Scotia,  25,  96,  97,  98,  99,  100,  101,  102, 103,  104,  106, 
114, 117,  129,  130,  131,  229,  232,  240,  242, 
335,  348,  362,  363,  374,  438,  440,  511,  538, 
613,  629,  630,  074,  772,  855,  917,  946,  948, 
981 

Noyes,  Belcher 937 

Noyes,  John         .        .         108,109,272,420,421,861,924 
Number  One  (Tyringham) ,  10, 149,  254, 388,  432, 451,  477, 

531,  534,  507 

Number  Two 1028 

Number  Three  (Sandisfield),    432,  451,  477,  531,  535,  837 
Number  Three  (Worthington)  .        .        .   1028,  1049 

Number  Four  (Becket),    432,  451,  477,  535,  545,  589,  625, 
651,  693,  694,  695,  711,  783, 
817,  824 
Number  Four  CWilliamsburgh)        ....      815 

Number  Five 625, 1028 

Number  Nine 817 

Nurse,  Benjamin .      171 

Nurse,  John 171 

Nutting,  John 108 

Nye,  Lot 635 

Nye,  Nathan 338, 440 


1068 


Index  of  Names. 


o. 

Page 
571,  589,  651,  712,  824,  890,  966 
267,  344 
27,  28,  420 
.      133 
.      286 
326, 360,  615 


Oakham       .       . 

Oak  Island  .        . 

Ogunquit  Harbor 

Ohio  River  .        . 

Olds,  Ebenezer  . 

Oldtown  Ferry   . 

Oliver,  Andrew,  111,  114, 132, 137, 139,  230,  236,  243,  320, 

353,  357,  359,  437,  438,  440,  521,  502, 

566,  789,  798,  903,  931,  941,   1032, 

1036 

Oliver,  Andrew,  jun. .       .        222,  289,  351,  582,  583,  947 

Oliver,  Edward 795 

Oliver,  John 108,799 

Oliver,  Peter 357,  443,  546,  793 

O'Reily,  Halsell 119 

Orne,  Timothy 548 

Osborne,  Jeremiah     ....        108,  442,  443,  444 
Osborne,  John,  96,  97, 114, 116, 135, 140, 141, 241, 320, 551, 

559,  630,  791 
Osborne,  Samuel        ....       108,442,443,444 

Osborne,  Stephen 128 

Osgood,  Benjamin 548 

Osgood,  Isaac 800 

Osgood,  John 229 

Oswald,  James 44 

Oswego 133,  630 

Otis,  James  {Speaker  of  the  House  of  Representa- 
tives), 105, 121,  131,  142,  231,  342,  449,  542, 
546,  551,  563,  567,  568,  634,  692,  696,  697, 
791,  793,  862,  864,  865,  867,  868,  869,  873, 
928 
0«s,  James,  jun.,  105,  521,  546,  551,  554,  560, 566,  634,  697, 
700,  784,  786,  789,  791,  793,  867,  925, 
938,  940,  941,  942,  943,  947, 1000, 1006 

Oven's  Mouth 731 

Owen,  "William 795 

Oxford,       10,  96,  98, 149,  255,  389,  478,  589,  651,  712,  794, 

824,  890,  966,  995 

P. 

Page's  Comer 906 

Paine,  Elkanah 631 

Paine,  Robert  Treat 231,  797 

Paine,  Timothy,   135,  342,  351,  438,  439,  546,  551,  554,  696, 

861,  869,  875,  946,  996,  1035 

Palfrey,  Thomas 798 

Palmer,    10,  149,  254,  361,  362,  388,  464,  477,  486,  588,  650, 

711,  823,  889,  965 

Palmer,  Eliakim 437 

Palmer's  River  Old  Road 542 

Palmes,  Richard 796 

Pamit  Harbor 78,617 

Pamit  River 78, 617 

Papists 122 

Paris 946 

Parker,  Benjamin 795, 800 

Parker,  Daniel 798 

Parker,  Gideon 799 

Parker  River 326,  360,  615, 1030 

Parker,  Samuel 796 

Parkman,  Samuel 795, 797 

Parks,  Elisha 1047,  1048 

Parris,  Samuel 449,  450 

Parsons,  Jonathan 722,  785,  975 

Partridge,  Oliver,        103,  139,  238,  351,  354,  438,  445,  451, 

561,  700,  930,  931,  999,  1000 
Partridge,  Samuel 131 


Pagb 
Patten,  Matthew         .......      364 

Patterson,  George 107 

Paxton,  District  of     .        .        .         734,  735,  825,  890,  966 

Paxton,  Charles 108,  357 

Pay  son,  Jonatban 796 

Pearson,  Jeremiah 799 

Pcarsontown       .  373,  627,  628,  655,  694,  715,  828,  894,  969 

Peck,  Joseph 542 

Peck,  Moses 521,  798 

Peck,  Thomas 542 

Peck,  Thomas  Handisyde 521 

Pecker,  Jeremiah 800 

Peek,  John 794 

Peggy  (The  schooner) 128 

Peirson,  John 128 

Pelham,    10,  107, 149,  254,  388,  464,  477,  588,  650,  710,  823, 

889,  965 

Pelham,  Thomas 447 

Pelham,  Thomas  Holies   {see    Clare,    also   New- 
castle). 

Pemaquid 95, 810 

Peniaquid  Great  Pond 879 

Pemaciuid  Point ,      810 

Pemberton,  Ebenezer 521 

Pembroke,       11,  150,  229,  257,  391,  479,  591,  653,  713,  782, 

826,  892,  967 

Pennei;  Matthew 130 

Pennsylvania,  84, 187,  303,  412,  511,  523,  613,630,  674,  772, 

855,  917,  981 
Penobscot  River  .  .  .  232, 233, 237, 242, 348 
Pepperrell,  9,  148,  253,  387,  476,  587,  649,  710, 822,  888,  964 
Pepperrell,  Sir  William,  Bart.,  46, 108, 113, 117, 128, 131, 

135,  141,  436 
Pepperrell,  William  {see  Sparhawk)  .  .  •  924 
Pcpp'erellborough,  District  of,  572,  628,  655,  694,  714,  827, 

894,  969 
Pequoage     ....        478,533,534,805,860,861 

Perkins,  James 795,  798 

Pcsumpscot,  or  Presumpscot,  River        .  46,  578,  627,  730 

Petersham,     11, 150,  256,  390,  478,  533,  534,  590,  652,  712, 

825,  891,  926,  967,  996 

Phelps,  John 1048 

Phelps,  Martyn 239 

Philadelphia 625, 868 

Phillips,  Benjamin 1043 

Phillips,  John 521,  559 

Phillips,  John,  jun 108,444,445 

Phillips,  Philip 1037, 1043 

Phillips,  Richard 1036 

Phillips,  Samuel  .         103, 131,  448,  450,  546,  551,  566,  634 
Phillips,  William        ....        521,  794,  795,  998 

Phillipstown 488, 546, 992 

Phinney,  Edmund 787 

Phinney,  John 787 

Phipps's  Point 267,  344 

Phips,  Spencer 345,  561,  928 

Pickard,  Samuel 549 

Pickman,  Benjamin 140,  228 

Pierce,  Ephraim 796 

Pierce,  George 795 

Pierce,  Isaac 796 

Pierce,  Josiah 787 

Pierce,  Samuel .       .      799 

Pierpont,  Robert 798, 799 

Pigeon  Swamp    ........      862 

Pigot,  George     ..••••••      626 

Pike  {see  Peek). 

Pike,  Aaron        ....••••      171 

Pike.  Abraham 170 


Index  op  Names. 


1069 


Page 
Pike,  Jeremiah   ..*•....     171 

Pike,  John 170 

Pike,  Moses 170 

Pike,  Timothy 170 

Pike,  William 171 

Pike,  William,  jun 171 

Pinney,  Jonathan 943 

Pitcher,  Moses 798 

Pitt,  William,  89, 134, 137, 138,  234,  239,  345,  346,  348,  436, 

437 

Pitts,  James 108,  521,  872 

Pitts,  Thomas 796 

Pittsfieia,  434,  451,  452,  453,  477,  580,  651,  700,  711,  708, 

790,  815,  817,  824,  870,  889,  905,  907,  908,  965 

Plaistead,  Ichabod      .        .        .        104,  131,  337,  351,  355 

Plumb  Island 220,  974 

Plymouth,  11, 99,  105,  150, 105,  229,  238,  256,  324,  333,  360, 

370,  390,  430,  479,  563,  591,  035,  652,  637, 

713,  734,  737,  791,  814,  826,  834,  867,  808, 

891,  933,  967,  974,  992.  993,  1005,  1018, 

1019,  1022 

Plymouth  Beach  ....      324,  370,  834,  867,  1022 

Plymouth,  County  of,  11,  14,  61,  103,  104,  118,  122,  150, 

153,  165,  206,  231,  238,  256,  260, 

310,  354,  355,  300,  395,  430,  479, 

482,  487,  498,  547,  548,  591,  595, 

652,  656,  713,  716,  734,  737,  758, 

792,  814,  826,  829,  834,  815,  874, 

891,  892,  896,  967,  970,  1005, 

1018,  1019 

Plymouth  Harbor       ....  867, 1004, 1005, 1022 

Plympton,  11,  150,  257,  391,  479,  591,  653,  713,  826,  892, 

967 

Point  Aldorton 992 

Point  Shirley 104,  697,  729 

Pollard,  Benjamin       .......        92 

Pollard,  Margaret 92 

Poole,  Zachariah 109 

Ponsonby,  William  {see  Besboroitgh). 

Pontoosuck 95,  432,  434,  451,  563,  907 

Porter,  Eleazer 464,  480,  1013 

Porter,  Thomas 548,  874 

Portsmouth 128,  871 

Portugal       ....         516,  551,  552,  554,  550,  558 

Potash  Farm 344 

Potter,  Aaron 806, 807 

Powell,  Jeremiah 103, 505, 948 

Power,  Ephraim 171 

Powers,  Jonas 796 

Powleit,  Charles  (see  Bolton). 

Powualborough,  287,  350,  374,  393,  451,  481,  540,  594,  655, 
695,  715,  737,  797,  828,  866,  870,  895,  909 

Pownall,  Fort 448,  701 

Pownall,  John,  109,  111,  120,  353,  368,  437,  438,  439,  447, 

448,  943,  945,  1049 
PownaU,  Thomas,  5,  26,  92,  95,  96,  99, 102,  107,  109,  110, 
111,  112,  113,  114,  116,  118,  120,  121, 
127,  128, 132,  135,  136,  137,  138,  139, 
140,  141,  142,  163,  228,  229,  230,  232, 
235,  236,  237,  238,  240,  241,  247,  344, 
348,  349,  350,  351,  354,  357,  359,  362, 
363,  436,  437,  439,  444,  447,  448,  929 

Prat,  Benoni 170 

Pratt,  Benjamin,  113, 114, 115, 119, 135,  240,  369,  442,  443, 

444 
Pratt,  Charles,  Lord  Camden  {Lord  High   Chan- 
cellor)        .      926, 944 

Pratt,  Ebenezer 795 

Praying  Indians 634,  635 


Page 
Preble,  Jedidiah  .....  138, 448,  948 
Prentice,  Thomas       .......      521 

Presbyterians 122 

Prescot,  Charles  .        .        .        .        103,560,565,801,802 

Prescott,  James 789,  909,  947 

Prescott,  Jonas 789 

Prescott,  Oliver .      789 

Prescott,  William 789 

President,  Lord  {see  Korthington) . 

Presumpscot  {see  Pesumpscot). 

Prince  George  (The  schooner)  ....      131 

Prince  George  (The  ship) 128 

Prince  Street  (Boston) 223 

Princetown,  206,  342,  343,  344,  478,  545,  583,  590,  652,  713, 
825,  891,  953,  967,  991,  994 

Procter,  Edward 794 

Procter,  John 122,  126,  127 

Procter,  Leonard         .        .        .        .        .        .        .      795 

Procter,  Samuel 230 

Protestants 125,  126 

Prout,  Ebenezer 107 

Prout,  Timothy 793 

Providence 131 

Providence  Plantation 550 

Provincctown 529, 530, 974 

Punkapoag  Indians 228 

Purchase  Street  (Boston) 431 

Pynchon,  Joseph         ....        114,  320,  354,  438 
Pyuchon,  William 108 


a. 

Quakers,  31,  43,  49,  50,  67,  90 
142,  159,  180,  131 
237,  247,  249,  250 
339,  381 


337   338 
394,  420, 
1045 
Quebec 
Queen,  Elizabeth 
Queen,  Hugh 
Queen,  James 
Quecnsberrj-,  Charles 
Quiney,  Edmund 
Quincy,  Edmund,  jun 
Quiney,  Henry     . 
Quinc}',  John 
Quincy,  Josiah     . 
Quiney,  Norton   . 
Quinc}-,  Samuel  . 
Quinepoxit  River 
Quivet  Harbor     . 
Quonsoo  Creek    . 


91,  118, 119, 123,  124,  130, 
193,  194, 196, 199,  200,  215, 
252,  254,  256,  258,  260,  336, 
383,  384, 386, 388,  390,  392, 
440,  620,  635,  636,  681,  781,  1044, 


137,  632,  948 

.    1034 

.    1034 

.    1034 

Duke  of .        .       926,944 

107,  442,  443,  444,  863,  931 

442,  443,  444 

442,  443,  444,  797,  925 

.   863 

96,  98,  139 

.   797 

.   796 

.   991 

414,  427,  519,  520,  681 

.   989 


R. 


Rainsford's  Island 45,78,617,729 

Rand,  John 799 

Rand,  Nathaniel 330,  799 

Raymond,  Edward 794 

Raymond,  William     .        r 990 

Raynham,  12,  151,  258,  392,  440,  480,  592,  654,  714,  827, 

893,  968 

Road,  William 340,  625,  1047 

Reading,  8,  147,  252,  386,  475,  587,  649,  709,  799,  821,  887, 

963 
Rebecca  (The  schooner)    ......      128 

Reed,  Ezekiel      ........      542 

Reed,  John ,       .    1043 


1070 


Index  of  Names. 


Page 
Reed,  William  {see  Read). 

Rehoboth,       12, 151,  258,  392,  463,  480,  518,  542,  543,  560, 
592,  6J4,  714,  827,  893,  968 

Rehoboth  Road 902 

Remick,  Joseph 798 

Remington,  John,  108,  122,  238,  354,  355,  547,  548,  792, 

874 

Rew,  Elnathan 349 

Rhode  Island,  84,  129,  138,  159,  187,  220,  303,  412,  442,  511, 
513,  514,  550,  613,  674,  772, 855,  917,  922, 
923,  949,  981,  1037 

Rhodes,  Jacob,  jun 709 

Rhodes,  William 799 

Rice,  Aaron 1046,  1047 

Rice,  George 352,  451,  452,  945 

Rice,  Jacob 874 

Rice,  Thomas 795,  799,  810 

Richards,  Daniel 862,  863 

Richards,  Jeremiah    ....       223,  401,  402,  442 

Richards,  John 795 

Richards,  Joseph 692 

Richards,  William 862 

Richardson,  Abiel 108 

Richardson,  Benjamin 796 

Richardson,  Elizabeth 796 

Richardson,  Jabez 796 

Richardson,  John 108 

Richardson,  Nathaniel 797 

Richardson,  William  .        .         103,  265,  267,  342,  449,  564 
Richmond,  Charles  Lennox,  Duke  of       .        .        .      936 

Richmond,  Ezra 142,  159,  237,  948 

Richmont     .        .        817,  870,  889,  905,  906,  945,  966,  1027 

Rider,  John 659 

Ridgeway,  Elizabeth 796 

Ridgeway,  Samuel 795 

Ridgway,  Isaac 797 

Roadtown    .        .        .        .10,  149,  238,  254,  388,  464,  465 

Robenson,  James 112,  132 

Roberts,  John 1003,  1045 

Roberts,  Robert 798 

Robie,  Thomas 794 

Robin  Hood  (The  schooner) 142 

Robinson,  James 142 

Robinson,  Joseph 441 

Robinson,  Thomas 1003 

Roby,  Ebenezer 544 

Rochester,       11,  150,  257,  338,  391,  440,  479,  591,  653,  713, 

826,  892,  967 

Rocky  Point 327,329 

Rogers,  Daniel 798 

Rogers,  John 871 

Rogers,  Nathaniel 795 

Rogers,  Samuel 352,  806,  807 

Rogers's  Milldam 698 

Rogerson,  Robert 463 

Root,  Hewit 792 

Root,  Joseph 1035 

Ropes,  Nathaniel,     106,    108,   342,   343,   352,    697,    698, 

924 

Round  Pond 880 

Roundy,  Abraham 109 

Rowe,  John 107,  795,  797,  998 

Rowell,  Thomas 343 

Rowley,      8,  147,  250,  384,  475,  586,  648,  708,  821,  886, 

963 

Rowley-Canada 990 

Roxbury,   7, 146,  222,  223,  225,  226,  249,  383,  401,  442,  474, 

563,  585,  608,  647,  708,  794,  795,  798,  820,  875, 

885,  962 


Page 

Roxbury-Canada  (or  Gardner's-Canada,  q.  v.),  477,    545, 

588,  604, 
633,  645, 
650,  694, 
711,  823, 
889,  965 

Royal  Exchange  Tavern 1049 

Royall,  Isaac        .        .         116,  240,  358,  359,  521,  568,  862 
Royalshire   ....         533,  534,  604,  721,  738,  700 

Royalston 738,  739,  870,  957 

Ruddock,  John 521,  796,  814 

Ruggles,  John 797 

Ruggles,  Timothy       .        .         117,  133,  135,  139,  441,  791 
Russell,  Chambers,  96,  98,  105,  116,  128, 132,  133,  135,  554, 

698,  791,  793,  928 
Russell,  James,  88,  97,  99,  103, 108,  113,  140,  229,  241,  330, 
340,  357,  549,  630,  633,  698,  875,  929,  948, 
1003,  1004,  1033 

Russell,  Samuel 794 

Russia 929,  997,  999 

Rutland,  10,  149,  174,  255,  266,  267,  342,  343,  389,  472,  478, 

482,  545,  571,  572,  589,  624,  625,  651,  712,  734, 

735,  789,  797,  800,  824,  890,  953,  954,  966,  994, 

995 

Rutland,  District  of,     10,  150,  255,  389,  478,  533,  571,  589, 

651,  712,  825,  890,  953,  966,  994 

Rutland  East  Wing    ....        231,  266,  342,  343 

Rutland  West  Wing 174,  671,  625 

Ryder,  Sir  Dudley,  Bart 346 

S. 

Sacarippy,  or  Saccarappa,  Falls        ....      578 

Backet,  Eliakim 548 

Saco,  or  Saco  Truckhouse  ...         94,  690,  765 

Saco  River 46,  373,  438,  572,  1019 

Sadler,  Abiel 441 

Sagadahock  River 267, 344 

St.  George's  River,  or  Truckhouse  ....       95 
St.  James,  The  court  at     .        .        .    926,  944,  1003,  1045 

St.  Johns 348, 363 

St.  Lawrence  River 240 

St.  Peters 104 

Salem,  5,  7,  86,  93,  96,  101,  106,  146,  192,  250,  325,  359,  384, 
474,  513,  530,  548,  549,  586,  647,  698,  708,  734,  737, 
786,  793,  796,  820,  886,  925,  962,  974 
Salisbury,    8,  99,  147,  250,  384,  475,  586,  648,  708,  796,  821, 

886,  963 

Salmon  Falls  River 954 

Salt- Water  Falls 810 

Sanders,  Thomas 130 

Sandisfield  (see  Number  Three),  451,  531,  589,  627,  651, 

711,  824,  890,  966 

San  Domingo 946 

Sandwich,  12,  99, 151,  229,  257,  325,  391,  430,  479,  591,  635, 
640,  653,  693,  713,  814,  826,  892,  968,  1022 

Sandy -Neck  Meadow 419 

Sandys,  Samusl  Saunders,  Lord,    352,  353,  360,  451,  452, 

563,  868,  944 

Sanford 992 

Sanger,  Nathaniel 796 

Sarah  (The  schooner) 129 

Sargeant  {nee  Sergeant,  also  Saunders) . 

Sargent,  Epes 130 

Sargent,  Ezra      ....  ...      795 

Sargent,  Nathan 795 

Sargent,  Nathaniel  Peasley 797 

Saugus  River 776 

Saunders,  Samuel  {see  Sandys), 


Index  of  Najvies. 


1071 


Pagb 
Saunders  [Sargent?],  Thomas,  jun.        .       692,  861,  947 

Savage,  John 797 

Savage,  Samuel  Phillips     .       .       425,  521,  537,  813,  814 
Sawyer  {see  Sayer). 

Saston,  Jamea 357 

Sayer,  Joseph 46,  228,  361,  547,  626 

Sayward,  Jonathan 128,  947,  948 

Scammen,  Humphrey 797 

Scarborough,  13,  152,  259,  393,  436,  480,  593,  627,  628,  632, 

633,  655,  694,  715,  730,  795,  828,  838,  894, 

969 

Scituate  {see  Third  Cliff),  11, 150,  231,  256,  390,  479,  591, 

652,  713,  S2G,  859,  891,  967,  974 

ScoUay,  John,      222,  243,  289,  351,  521,  537,  582,  583,  794, 

813,  814 

Scot,  John 521 

Scotland 112,451 

Scot's  Bridge 361 

Scott,  Joseph lOS,  797 

Scott,  William,  jun 361,362 

Seager,  Reynolds 272,  420,  421 

Seahorse  (The  brigantine) 131 

Seahorse  (The  schooner) 131 

Sebascodegin  Island,  Great       .....        47 

Sebascodegin  Island,  Little 47 

Seeker,  Thomas  {Archbishop  of  Canterbury)       926,  944 

Selden,  Azariah 1037 

Separatists 1040 

Sergeant,  Abigail 561 

Serviss,  Samuel 108 

Sesuit  Harbor 519,  520 

Seven-mile  Line 955, 1013 

Sever,  William 1005,  1043 

Severance,  John 441 

Sewall,  David     .        .        .         547,  548,  639,  691,  792,  874 

Sewall,  Jonathan 108 

Sewall,  Joseph 521 

Sewall,  Stephen  .  101, 114,  115,  117,  227,  320,  444,  445 

Sewall,  Samuel 426,  537,  813,  814 

Sewell,  Sir  Thomas  {Master  of  the  Rolls)       .        .      944 
Shaftesbury,  Anthony  Ashley  Cooper,  Earl  of      .      944 

Shapleigh's  Island 47 

Sharp,  Peter 286,  349 

Sharpe,  William 94,  111,  926 

Shaw,  Francis 796 

Shaw,  Nicholas 694 

Sheaflfe,  Edward .      919,  931,  948,  994,  996,  999,  1000,  1004 

Sbeepscut 13, 152,  259,  393 

Sheepscut  River 287,  731 

Sheffield,  9,  148,  149,  254,  263,  286,  349,  356,  357,  388,  432, 
434,  465,  466,  477,  535,  561,  589,  651,  699,  711, 
824,  889,  907,  965,  995 

Shelburne,  District  of 1013, 1014 

Shelburne,  William  Fitzmaurice,  Earl  of,  926,  936,  938, 

940,  943,  944, 
945, 993, 1000, 
1002 

Sheldon's  Garrison 95 

Shepard,  Alexander 795 

Shepard,  Isaac 1036 

Shepard,  John 795,  1047 

Sherborn,   8,  97, 147,  252,  386,  475,  587,  649,  709,  798,  821, 

887,  963 

Sherburne  (Nantucket) ,  6, 13, 145, 153,  247,  260,  394,  481, 

594,  656,  715,  738,  829,  895,  970 

Sherburne,  Joseph 521,  795 

Sherman,  Ephraim 927 

Sherman,  John 334,  338,  440 

Sherman,  John  (Quaker) 838,  440 


Page 

Shewamet,      12, 151,  258,  392,  480,  592,  654,  714,  827,  893, 

908 

Shirley,       9, 148,  252,  386,  475,  587,  649,  709,  822,  887,  904 

Shirley,  William        .        .    96,  122,  127,  345,  440,  507,  928 

Shrewsbury,   11,  150,  255,  266,  389,  478,  590,  652,  712,  825, 

874,  891,  966,  991,  995, 1004 

Shrewsbury  Leg 991, 1004 

Shutesbury,  464,  477,  543,  544,  588,  624,  650,  711,  823,  866, 

889,  965 

Simonds,  David 109 

Simpson,  John 521 

Simpson,  Jonathan 993 

Singletary,  Ebenezer 171 

Six  Nations 561,  562,  563,  564 

Slieket  Harbor,  Great        .        .        .        414, 427, 428,  681 

Skillin,  Samuel 872,  873 

Skinner,  Richard 800 

Skinner,  William 107, 108,  109 

Sloan,  Robert 794,  799 

Sloan,  Samuel 799 

Sloper,  William 227,  350,  447 

Small,  James .      872 

Small  Point 373 

Smethurst,  Gamaliel 141,  142 

Smethurst,  Joseph 799 

Smibert,  Doctor 931 

Smith,  Benoni 128 

Smith,  Chileab 1036, 1037 

Smith,  Chileab,  jun 1036 

Smith,  Daniel 231 

Smith,  Ebenezer         .        .        1036,  1037, 1038, 1039, 1042 

Smith,  Elijah 272,  420,  421,  543 

Smith,  Experience 1034 

Smith,  Ilezekiah 1012, 1038 

Smith,  Hugh 1039, 1043,  1044 

Smith,  Isaac 521 

Smith,  Israel 1034 

Smith,  John 1034 

Smith,  Jonathan 1034 

Smith,  Joseph 863 

Smith,  Moses 1036 

Smith,  Nathan 1011 

Smith,  Nathaniel 229, 545 

Smith,  Peter  Thacher         .        .        .        341,  835,  836, 869 

Smith,  Phineas 1011, 1012 

Smith,  Reuben 1034 

Smith,  Samuel 68, 642,  696,  794 

Smith,  Thomas     .         119,  635,  641,  692,  693,  697,  786,  792 

Smith,  Thomas,  jun 873 

Snow,  Ebenezer 1011 

Snow,  Jabez 228 

Snow,  John ,        .      441 

Snow,  Sylvanus 665 

Soley,  John 108,  795 

Solley,  John 794 

Somers,    10,  149,  254,  388,  477,  588,  644,  650,  711,  823,  889, 

965 

Somes,  William 441 

Soren,  John 798,  799 

Southampton,   10,  94,  149,  254,  388,  476,  588,  649,  710,  822, 

837,  888,  964 

Southborough,  11,  97, 150,  255,  338,  389,  478,  590,  651,  698, 

712,  825,  890,  931,' 936,  966 

South  Brimfield,  601,  695,  710,  818,  823,  857,  858,  865,  875, 

876,  889,  960,  965,  995,  996 

South  Carolina 114, 131,  439 

South  Hadley,  10,  149,  254,  388, 476,  588,  649,  710, 822,  8S8, 

960, 964, 1011, 1012,  1013,  1033, 1034, 1035, 

1042 


1072 


Index  of  Names. 


Page 
South-Meadow  Road  ..«••••      858 

South  Shore 992 

Southwick,  Daniel 339 

Spain 551,  554,  558 

Sparh.iwk,  John 325 

Sparhawk,  Nathanid,  108, 112, 119,  355,  521,  635,  871, 875, 

876, 1004, 1006 

Sparhawk,  Samuel 108 

Sparhawk,  WilUam  PepporrcU         ....      924 
Speaker,  Mr.  {see  Gushing,  Citsi,  Ilubbard,  Otis, 
Rugyles,  White). 

Spear,  David 798 

Spear,  Nathan 798,  799 

Spear,  Pool 798 

Speedwell  (The  sloop) 130 

Spencer,  District  of,       10,  94,  150,  255,  389,  478,  590,  651, 
095,  712,  734,  735,  825,  890,  963 

Spooner,  John 107 

Spooner,  Waller 633 

Sprague,  Ebenezcr 1036 

Sprague,  Edward 799 

Sprague,  Jonathan 1036 

Sprague,  Jonathan,  jun 1037 

Spring,  nenry 800 

Springfield,       9,  103,  148,  253,  334,  355,  361,  362,  3S7,  464, 

476,  549,  558,  588,  644,  045,  649,  004,  710, 

734,  737,  797,  818,  822, 865,  888,  964, 1011, 

1023, 1033, 1037 

Sprout,  Ebenezer 109 

Spurr,  Robert 228 

Stacey,  George 797 

Stacey,  John 131 

Standish,  Israel 1036 

Standish,  Miles 1036 

Stanley,  Hans 926,944 

State  Street  (Boston) 031 

Stearns,  Edward 906 

Stearns, Isaac      906 

Stearns,  Thomas 794 

Stebbins,  Ebenezer 797 

Stebbins,  Samuel 796 

Stennctt,  Samuel 1045 

Stephens  (xfe  Stevens). 

Stetson,  Ebenezer 797 

Stetson,  Lemuel 799 

Steven's  Carrying-place 373 

Stevens,  John 797 

Stevens,  Samuel 351,  352 

Stevens,  Thomaa         .        .        .        109,927,929,997,999 

Stevens,  William 130,231 

Stevenson,  John 795,  796 

Steward,  Lord  (,see  Talbot). 
Stewart,  John  (see  Stuart). 

Stillman,  Samuel 1038,1039,1043 

Stillwater  River 991 

Stimpson,  Daniel 995 

Stimpson,  George,  jun 796 

Stinson,  Thomas 239,344 

Stirling,  William  Alexander,  Earl  of       .        .        .      439 
Stockhridge,  10,  149,  243,  254,  339,  388,  432,  477,  545,  560, 

563,  589,  632,  651,  699,  700,  711,  817,  824, 

889,  965 

Stockhridge,  David 337 

Stockhridge  Indians 369,700,701 

Stoddard,  Atier 798 

Stoddai-d,  Ebenezer 1034 

Stoddard,  Solomon 547,  548 

Stoddard,  WiUiam 351 

Stone,  j\jidrew 352 


Pagb 
Stone,  Daniel 170 

Stone,  Ebenezer  ........      795 

Stone,  James       ........      548 

Stone,  Josiah 171 

Stone,  Nathaniel         .         100, 103, 118,  228,  355,  547,  548 

Stone  Weir 725 

Stoneham,  9, 148,  252,  386,  476,  587,  649,  710,  822,  887,  964 

Stony  Brook 1011,  1033 

Storer,  Ebenezer         .        .        .        .        .        .107,  521 

Story,  Elisha 948 

Story,  William     ....        521,  903,  931,  937,  941 

Stoughton,  7,  97,  146,  228,  249,  383,  474,  549,  585,  647,  703, 

808,  809,  820,  802,  803,  865,  806,  885,  902 

Stoughton  Hall 804 

Stoughtonham     ....        808,  809,  865,  885,  902 
Stow,  9, 148,  252,  386,  476,  587,  649,  709,  796,  797,  822,  887, 

964 

Strand 996 

Stratton 944 

Stroudwator  River 808 

Stuart,  or  Stewart,  John 632,  633 

Sturbridge,  11,  96,  126,  150,  256,  390,  478,  590,  601,  652, 
712,  825,  891,  967,  996, 1036 

Sturgis,  Samuel 796 

Success  (The  sloop) 130 

Sudbury,  8,  147,  172,  251,  272,  274,  344,  385,  420,  449,  450, 
408,  469,  475,  544,  587,  648,  709,  742,  795,  798, 
821,  887,  963 

Sudbury  River 272,  274, 420,  449 

Suffield,  9,  149,  254,  388,  477,  588,  650,  711,  823,  889,  903 
SuflFolk,  County  of,  7,  14,  61,  70,  92, 103,  104,  122,  123,  133, 
146,  153,  20G,  238,  239,  249, 250,  260, 
290,  310,  322,  354,  355,  353,  358,  378, 
379,  333,  384,  394,  462,  467,  474,  4S2, 
498,  545,  547,  548,  549,  5S5,  595,  624, 
647,  656,  6S5,  687,  708,  716,  734,  737, 
749,  753,  776,  792,  796,  808,  820,  829, 
815,  863,  865,  874,  885,  896,  902,  933, 
962,  970 

Sumner,  John 104,229 

Sumner,  Samuel 797,  798 

Suncook 530 

Sunderland,  9,  149,  254,  264,  388,  476,  545,  5S8,  632,  650, 
706,  710,  782,  783,  823,  884,  883,  927,  965 

Susanna  (The  sloop) 131 

Sutton,  10,  149,  255,  389,  478,  589,  651,  712,  824,  890,  966, 

995 

Swan  Island 287 

Swan,  Robert 863 

Swan  (The  schooner) 131 

Swanzey,  12, 151,  258, 337,  392,  480,  592,  654,  714,  743,  783, 
827,  883,  893,  959,  968 

Swazey,  Joseph 799 

Swcetser,  John 794,  795,  79T 

Swcetser,  John,  jun 796,  799 

Swett,  Samuel 794 

Swift,  James 107 

Swift,  Moses 119 

Swift  River 464,486 

Symmes,  John    ........      521 

Symonds,  Jonathan   .......      795 

T. 

Taft,  Daniel 802 

Taft,  Joseph 339 

Taft,  Thomas 902 

Talbot,  William  Talbot,  Earl  (_Lord  Steward  of 

the  Uousehold)  .  944 


Index  of  Names. 


107J 


Page 

Tarbell,  Cornelius 358 

Taibell,  John 794 

Tarpaulin-Cove  Island 832 

Tasker,  John 109 

Taunton,  12,  151,  258,  327,  337,  392,  480,  592,  654,  714,  734, 

737,  797,  827,  893,  968 

Taunton  Great  River         ....        327,  329,  776 

Taunton  Koad 862 

Taylor,  Eldad,  693,  694,  700,  783,  837,  875,  928,  998,  1^47, 

1048 
Taylor,  Ezra        .        .  338,  698,  701,  929,  931,  936,  996,  998 

Taylor,  John 1013 

Taylor,  Jonathan 1037,  1043 

Taylor,  Thomas 797 

Taylor,  William 798 

Taylor's  Garrison 95 

Teel,  "William 799 

Temple,  John 340 

Templeman,  Peter 996 

Templetou,  533,  566,  567,  590,  627,  652,  713,  721,  738,  825, 

891,  953,  967,  994 
Terrick,  Richard  {Bishop  of  London)     .        .      926,  944 

Terry,  Abiel C32 

Terry,  William 86G 

Tewksbury,        9,  97, 101, 148,  253,  387,  476,  5.87,  649,  710, 

822,  888,  904 
Thacher,  Oxenbridge         ....       521,  793,  929 

Thatcher's  Island 1005 

Thayer,  Benjamin 339 

Thayer,  Cornelius 337 

Thayer,  Ebenezer       .        .        .       875,  936,  947, 998,  1004 

Third  Cliff  (Scltuate) 859,  974 

Thomas  and  Martha  (The  snow)      ....      131 

Thomas,  Anthony 1000,  1004,  1005 

Thomas,  Hannah 1005 

Thomas,  Isaac 782 

Thomas,  John 1005 

Thomas,  Ifathaniel  Ray 98   99,  487 

Thomas,  Sir  Edmund,  Bart.      .        .        352,  451,  452,  868 

Thomas,  William 487 

Thomlinson,  John 346,  347,  567 

Thompson,  Alexander 548 

Thompson,  Benjamin 795 

Thompson,  David 549 

Thompson,  James 795 

Thompson,  John 361 

Thompson,  Thomas 128 

Thomson,  John 128 

Thorndike,  Nicholas 128 

Thornton,  Timothy 107 

Three  Friends  (The  schooner)         ....      131 

Thurston,  Peter 800 

Thwing,  Nathaniel 139 

Tibido,  Hammond 100, 101 

Ticonderoga 141,232,233 

Tidmarsh,  Giles 109 

Tilestone,  Onesiphorus 521 

Tilestone,  or  Tilton,  Thomas 739 

Tilton,  Thomas  {see  Tilestone). 

Timmins,  John 795 

Tirrell,  Joseph 799 

Tisbury,  13,  152,  259,  394,  481,  524,  564,  565,  594,  656,  715, 
737,  828,  895,  909,  910,  970,  988,  989,  1003, 1004 

Tisbury  Great  Pond 988 

Tisdale,  Israel 327,  328 

Tisdalo,  Joseph 996 

Tonyn,  George  Anthony 438 

Topsfield,  8, 147,  251,  339,  385,  475,  586,  648,  696,  709,  821, 

886,  963 


Page 
Topsham     .        .  481,  594,  655,  682,  715,  828,  870,  895,  969 

Torrey,  Josiah 108 

Torrey,  William 633 

Towessick  Bay 267,  344 

Towessick  Gut 267,  344 

Town,  Thomas 794 

Townsend,  Mr 787 

Townseud,  David 928 

Townsend,  James 92 

Townsend,  Solomon .      560 

Townsend,  William  Blair 521 

Townshend,     9,  148,  252,  336,  386,  476,  587,  649,  685,  709, 
731,  739,  822,  887,  908,  909,  946,  964 
Townshend,  Hon.  Charles  {Chancellor  of  the  Ex- 
chequer)   .        .       563, 944 

Tracey,  Patrick S26,  327,  616 

Trahan,  Peter 101 

Trap  Hole  Brook 862 

Treadwell,  Jacob 798 

Treat,  Robert      .        .        .        .      ' .        .        .        .794 
Trecothick,  Barlow,   346,  347,  380,  381,  439,  440,  458,  459, ' 

949 

Trowbridge,  Edmund        .        .       697,  698,  791,  793, 1006 

Truro,        12,  78,  151,  257,  370,  391,  479,  592,  617,  631,  653, 

713,  826,  892,  968,  983 

Tucker,  Benjamin 794 


Tucker,  Jaazaniah 
Tucker,  Richard 
Tudor,  John 
Turner,  Israel 
Turner,  John 
Turner,  John  (Salem) 
Turner,  Samuel  . 
Tuttle,  Samuel     . 
Tuttle,  Simon 
Twolvo-mile  Pond 
Tyler,  Nathan     . 
Tyler,  Royall, 


100 
798 

107, 108,  521,  794 
.  122, 240 
109, 113,  229 
359 
626 
794 
337 
263 
902 


103,  106,  337,  351,  357,  438,  443,  449,  521, 

547,  551,  554,  559,  564,  568,  625,  634, 

635,  697,  698,  700,  785,  786,  791,  793, 

876,  929,  931,  932,  933,  996,  999, 1006 

Tyng,  John,       88,  96,  98,  101,  113,  114,  115,  117,  127, 135, 

140, 142,  229,  231,  240,  351,  438,  442 

Tyringham  {see  JfTuviber  One),  451,  534, 535, 567,  589,  627, 

651,664,711,817,824, 

866, 867,  889,  966 

U. 

Union  (The  snow) 128 

Upper  Pond 879 

Upton,      11,  126,  150,  256,  390,  441,  478,  590,  652,  712,  825, 

891,  967 

Uxbridge,  11,  150,  255,  337,  338,  339,  389,  478,  590,  652, 712, 

825,  866,  891,  902,  967,  996 

V. 


Vandusen,  Isaac . 

.      544 

Vans,  Hugh 

.      108 

Vans,  Samuel 

.      795 

Vans,  William    . 

.      548 

Vassall,  Henry    . 

107, 108 

Vernon,  Fortesque 

521 

VilUers,  James  Joseph 

.      796 

Vincent 

.      100 

w. 

Wachusett  Hill 231 

Wadsworth,  John      ...,.,,487 


1074 


Index  of  Names. 


Page 

Waite,  Nathan 794 

Waite,  John 787 

WaUlo,  Cornelius 624,  T06 

Waldo,  Daniel 521,998 

Waldo,  Francis 701,  791 

Waldo,  John 797 

Waldo,  Joseph 998 

Waldo,  Samuel 838,  871 

Wales 48,  115 

Wales,  Nathaniel 798 

Walker 816 

Walker,  Ebenezer 518,  519 

Walker,  Isaac 521 

Walker,  James 327,328 

Walker,  Thomas 108,  445 

Walker,  Timothy 103,  560 

Walkup,  George 170 

Walpole,    7,  100, 101,  146,  250,  384,  474,  585,  647,  708,  820, 

885,  926,  962 

Walpole  (Lincoln  Co.) 810,  924 

Walpole,  Robert 1003 

Walron,  Thomas 909 

Waltham,    9,  148,  252,  386,  476,  587,  649,  709,  822,  887,  964 
Ward,  Artemus  .       103,  108,  138, 139,  301,  450,  1004,  1048 

Ward,  Isaac 173,  231 

Ward,  John 108 

Ward,  Stephen 943 

Ware 486,  650,  711,  823,  889,  965 

Ware  Bridge 327, 329 

Wareham,       11,  151,  257,  391,  479,  591,  653,  713,  814,  826, 

892,  967,  1022 
Ware  River,  .  10,  149,  254,  388,  477,  486,  545,  546,  588 
Warner,  Benajah        .        .        .        .        .        .        .      349 

AVarren 1037 

Warren,  James 1004, 1005 

Warren,  Joseph 996 

Warren,  Samuel 796 

Warren,  Sir  Peter,  Bart.    .        .        437,  561,  562,  563,  564 

Warren,  Susan,  Lady 561 

Warwick 545,  604,  633,  738,  870 

Washbon,  Jacob 1037 

Washborn,  Nchemiah 1037 

Waterside  (Newbury) 698 

Water  Street  (Boston) 358,  431 

Watertown,      8,  147,  251,  355,  385,  475,  586,  648,  709,  796, 

821,  887,  963 

Watson,  George 103, 109 

Watts,  Samuel,  SB,  96,  07,  99,  100,  104,  230,  241,  320,  338, 
339,  342,  355,  301,  378,  431,  449,  548, 
625,  630,  791,  S71,  1033 

Webb,  Daniel 120,134 

Webb,  Jonathan 797 

Webb,  Samuel 626,  798 

Webber,  Edward 876 

Webber,  John 797 

Webster,  Grant 796 

Weeks,  Samuel 797 

Welchman,  William 131 

Weller's  Mills 740,  1048 

Wellfleet,  District  of,   664,  713,  743,  826,  893,  968,  983,  984 

Wellington  (The  snow) 129 

Wells,    13,  27,  23,  29,  152,  259,  393,  420,  480,  506,  593,  654, 
714,  827,  893,  969,  992 

Wells,  Francis 107 

Wells,  Francis,  jun 107 

Wells  Harbor 27,  28,  420 

Welles,  Samuel 542,  030,  634,  795 

Wendell.  Jacob,   108, 113, 118, 128, 135,  320,  351,  357,  431, 

450,  561 
Wendell,  John 107, 108, 109 


Paob 

Wendell,  John,  jun 109, 113 

Wendell,  Oliver 796 

Wenham,  8, 147,  251,  385,  475,  586,  648,  709,  731,  821,  886, 

926,  963,  974 

Wentworth,  Samuel 107 

West,  Thomas 559 

Westborough,         11,  150,  255,  389,  478,  690,  651,  712,  825, 

839,  874,  891,  966,  995 

Western,  11,  150,  256,  390,  478,  486,  549,  590,  652,  712,  825, 

891,  967,  993 

Western  Ocean 731 

Westficld,  9, 148,  253,  356,  387,  476,  548,  558,  588,  050,  694, 

710,  740,  818,  823,  837,  805,  875,  888,  960,  965, 

995,  1023,  1043,  1047-,  1048 
Westfield  River  .        .        .         699,  1023, 1047, 1048,  1049 
Westford,  9,  148,  252,  386,  475,  587,  649,  709,  794,  795,  822, 

887,  964 

West  Hoosuck 95,  432,  809,  824 

West  India  Islands  (EngUsh),    79,  182,  298,  407,  506,  609, 
670,  698,  768,  851,  913, 
977,  1003 
West  Indies         .        .        .         106,  128,  129,  130,  131, 236 

West  Indies  (Newbury) 676 

Westminster,        265,  340,  341,  342,  390,  478,  533,  590,  652, 

685,  712,  721,  825,  891,  967 

Weston,  8,  l48,  252,  386,  475,  587,  649,  696,  709,  821, 887, 963 

Weymouth,       7,  146,  249,  322,  356,  370,  383,  474,  685,  647, 

708,  766,  820,  885,  962 

Whately,  Thomas 1045 

Wheat,  William 797 

Wheeler,  Peter 796 

Wheelock,  Eleazer     ....        561,  562,  563,  564 

Wheelwright,  Job 798 

Wheelwright,  John 103,  431 

Wheelwright,  Nathaniel 795 

Whipple,  Francis 840 

Whitcomb,  John 340, 342, 343 

Whitcomb,  Jonathan 337 

White,  Jcdidiah 796 

White,  John        .        .        .        .106, 129,  521,  685,  798,  799 

White,  John,  3d 799 

White,  Jonathan 355,  1046 

White,  Josiah 109, 1034 

White,  Joseph 1034,  1035 

White,  Samuel  {Speaker  of  the  House  of  liepre- 

scnialive.s) ,  90,  101,  103,  117,  118,  119, 
121,  128,  132,  133,  135,  141,  231,  240, 
241,  358,  359,  933 

White,  Timothy 798 

White,  Thomas,  jun 943 

White,  William 521 

Whitehall 44,137,943,944,945 

White's  Farm 809 

White's  Island 47 

Whiting,  Stephen 108,  443,  444 

Whiting,  Thomas 108 

Whitman's  Pond 322 

Whitmarsh,  Ezra 107 

Whitney,  Amos 336 

Whitney,  Benjamin 170 

Whitney,  Ellas 171 

Whitney,  Ephraim     .     ' 685,  701 

Whitney,  Mark 170 

Whittemore,  Jabez 300 

Whittemore,  Samuel 107,  109 

Whittlesey,  Ezra 632 

Whitwell,  WilUam 122,  521,  793 

Wilbraham  .        .  644,  045,  711,  818,  823,  805,  870,  889,  965 

Wilder,  Caleb 927,  931,  997 

Wilder,  David 928,929,930,931 


Index  of  Names. 


1075 


Page 
Wilder,  Joseph  .......     740, 1046 

"Wilder,  Joseph,  jun.  .......      927 

Wiley,  Moses      ........      983 

Wilkie,  John 1037 

Willard,  Aaron,  jun 1028,1029,1049 

AVillard,  Abijah 869 

Willard,  Elias 945 

Willard,  John 790 

Willard,  Joshua 534,  739,  861 

Willard,  Josiah 127 

Willard,  Levi       ....        547,  548,  792,  797,  874 

Willard,  Nathaniel 796 

Willard,  Simon 790 

Willes,  Edward 943,  944 

William  III.,      52,  53,  54,  122, 164,  288,  321,  353,  309,  380, 

452,  462,  467,  529,  619,  622,  628,  041,  683, 

686,  705,  776,  870,  911,  932,  944,  974,  985, 

1001, 1044 

William  Henry,  Port .        .        .         133, 161,  199,  209,  377 

William  (The  ship) 128 

Williams,  Daniel 142 

Williams,  Elijah  .        .  97,  98,  466,  531,  946,  955,  1004 

Williams,  George 327,  790,  797 

Williams,  Israel,    96,  105, 114, 116,  117, 141,  338,  438,  449, 
451,  697,  699,  780,  789,  1006, 1030,  1037 

Williams,  James 327 

Williams,  Jonathan 521,  797 

WiUiams,  Joseph,       139, 142,  223,  378,  401,  402,  431,  442, 
563,  633,  693,  694,  875 

Williams,  Nathaniel 558 

AVilliams,  Seth     ....        122,  238,  354,  355,  547 

Williams,  Thomas 815,  816,  1014 

Williams,  William      .        .  139,  434, 450,  809,  810,  818,  906 

Williams's  Garrison 95 

Williamsburgh 815 

Williamson,  Col 238 

Williamson,  Jonathan 806 

Williarastown 809,  870,  890,  960 

Willis,  Ebcnezer 337 

Willistone,  Nathaniel 943 

Will's  Island 47 

Wilmington,  9,  97,  148,  253,  387,  476,  587,  649,  710,  822, 

888,  920,  904 
Wilmot,  Sir  John  Eardly  (C.  J.  C.  C.  P.)       .        .      944 

Wilmot  (The  sloop) 128 

Wilson,  John 796 

Winch,  John 170 

Winch,  Thomas 170 

Winch,  Thomas,  jun. 170 

Winchelsea  (The  ship) 113 

Winchendon        .  721,  738,  825,  870,  891,  960,  967,  995 

Winchester 607 

Winchester,  John 797 

Windham,  577,  578,  627,  628,  655,  694,  715,  828,  835,  836, 
869,  894,  969,  1017,  1018,  1046 

Wing,  Dinely 798 

Wing,  Edward,  jun 635 

Wing,  Joseph 118,  119 

Wing,  Sylvauus S39,  818,  865 

Winniett,  John 795 

Winslow,  Edward 867 

Winslow,  Isaac  .......       521,  927 

Winslow,  Job 797 

Winslow,  John    ....        107, 131,  352,  546,  554 

Winslow,  Joshua 107 

Winter-Harbor  Beach         ......      420 

Winthrop,  John 834,  931 

Winthrop,  John  Still 625 

M^inthrop,  Samuel      .        ,       .        .        ,        ,        .      659 
Winthrop's  Farm       .•••••.      601 


Page 

Wiswall,  Ichabod 122, 238 

Wiswall,  Oliver 107 

Witham,  Daniel ........      441 

Witherby,  Paul 685 

Witt,  Oliver 789 

Witt,  Samuel,  96, 105. 108, 135,  140,  229,  342,  343,  450,  867, 

875 
251,  385,  444,  475,  586,  648,  709,  796,  821, 
887,  963 

102 

119,  701,  947 

866 

796,799 

441,685 


Woburn,  8,  147 

Wolfe,  James 
Wood,  Aaron 
Wood,  Ezekiel    . 
Wood,  John 
Wood,  Jonathan 

Wood,  Joseph 799 

Wood,  Simeon 1037 

Wood,  Solomon 338,  339 

Woodbridge,  Thomas 109 

Woodbridge,  Timothy       .        .        .        567, 700,  701,  817 

Woodman,  Joseph 632 

Woodstock,  10, 149,  255,  389,  478, 589,  651,  712,  824,  890, 906- 

Woolwich,  207,  287,  393,  481,  594,  055,  715,  828,  895,  909 

Worcester,  10,  90,  149,  255,  260,  389,  478,  589,  651,  712, 

734,  737,  800,  324,  861,  890,  966,  995 

Worcester,  County  of,  10,  14,  103,  104,  122,  126,  133,  149, 

150,  153,  174,  238,  255,  256,  260, 

265,  266,  S3S,  343,  354,  355,  389, 

390,  394,  473,  482,  498,  533,  534, 

546,  547,  548,  549,  571,  577,  589, 

590,  595,  051,  652,  656,  712,  716, 

721,  734,  737,  738,  739,  758,  788, 

790,  792,  805,  824,  829,  839,  845, 

860,  861,  874,  875,  890,  890,  902, 

£08,  927,  953,  960,  966,  970,  991, 

994,  995 

Worthington  {see  Number  Three)    ....    1028 

Worthington,  John,  90,  104,  133,  142,  309,  542,  558,  044, 

793,  804,  805,  884,  927,  928,  1004, 

1028,  1029,  1049 

Wrentham,  7,  97,  100,  101,  126,  146,  249,  383,  442,  474,  585, 

047,  708,  809,  820,  802,  885,  962 

Wright,  John 

Wyman,  Francis 

Wyman,  John 

Wyman,  Thaddeus 

Wyman,  Zcbadlah,jun 


Y. 

Yarmouth,  12,  22,  23,  24,  151,  228,  257,  323,  324,  391, 
479,  519,  520,  591,  653,  713,  743,  826, 
892,  968,  1022 

Yokum  (or  Yokun)  Town  and  Mount  Ephraim, 
680,  681,  700,  701,  817,  824,  905,  906,  946, 

York,  13,  152,  258,  393,  480,  593,  039,  654,  714,  734, 
790,  797,  827,  871,  893,  969 

York,  County  of,  13,  14,  27,  46, 103, 104,  122,  140, 141, 
153,  238,  239,  258,  260,  207,  287, 
350,  351,  354,  355,  372,  373,  374, 
381,  393,  395,  424.  436,  438,  439, 
482,  488,  525,  526,  546,  547,  548, 
566,  572,  593,  595,  628,  632,  639, 
657,  691,  694,  696,  714,  716,  734, 
790,  792,  827,  829,  874,  893,  894, 
954,  969,  970,  992,  1019,  1020 

York,  Edward  Augustus,  Duke  of  . 

Yorke,  John 

Young,  Barnabas 

Young,  Benaiah 

Young  Eagle  (The  schooner)    .       .       . 

Toung,  Thomas 


S52 


414. 
859, 


1027 

737, 

152, 
344, 

375, 
480, 
505, 
054, 
737, 
896, 

944 
,  868 
983 
798 
128 
1000 


List  of  the  Acts  and  Resolves 


CONTAINED    IN    THIS    VOLUME. 


1077 


LIST  OF  THE  PUBLIC  ACTS. 


Date 
of  Passage. 


Disallowed 
by  Privy 

Council. 


Expired  or  had  its 
effect. 


17 


20 


22 


23 


25 


1757-58.— First  Session. 

Chapter  1.  An  act  for  erecting?  the  distiict  of  Dan- 
vers  into  a  township  by  the  name  of 
Danvers  [1751-52,  chap.  14] 

Chapter  2.  An  act  for  aiiporiioninsT  and  assessing 
the  sum  of  eighty-one  thousand  three 
hundred  eighty-six  pounds  thirteen 
shilhngs  and  fourpence;  and  also  for 
apportioning  and  assessing  a  further 
tax  of  three  thousand  five  hundred 
and  seventy-one  pounds  fifteen  shil- 
lings, paid  tlie  representatives  for 
their  service  and  attendance  in  the 
general  court,  and  for  their  travel, 
and  for  fines  laid  ujion  towns  that 
have  sent  no  persons  to  represent 
them  at  the  general  court  this  year 
[1755-56,  cha]>.  4,  §  8;  1755-51),  chap. 
29,  §  7;  1750-57,  chap.  3,  §  5;  175G-57, 
chap.  37,  §  3;  1757-58,  chap.  3,  §  C; 
1755-56,  chap.  32,  §  1]    . 

Chapter  3.  An  act  for  supplying  the  treasury 
with  the  sum  of  eighty-five  thousand 
pounds,  to  he  thence  issued  for  dis- 
charging tlie  publiu[k"|  debts,  and 
drawing  the  same  into  the  treasury 
again  [1755-56,  chap.  4,  §  5;  chaps.  13, 
15,  18,  27,  and  46;  1756-57,  chaps.  3, 
22,  29,  and  37] 

Chapter  4.  An  act  for  supplying  the  treasury  with 
the  sum  of  three  thousand  five  hun- 
dred pounds,  and  for  lending  the 
same  to  the  town  of  Boston 

Chapter  5.  An  act  to  prevent  damage  being  done 
on  the  meadows  and  beaches  lying 
in  the  township  of  Barnstable,  on 
the  south  side  of  the  harbour,  con- 
tiguous to  [to]  tlie  common  fields  in 
said  town  [1747-48,  chap.  5] 

Chapter  6.  An  act  to  prevent  damage  being  done 
on  the  lands  lying  in  the  township 
of  Yarmouth,  called  Nobscusset 
[1749-50,  chap.  15;  1754-55,  chap.  29], 

Chapter  7.  An  act  for  continuing  an  act  made  and 
passed  in  the  twenty-ninth  year  of 
his  present  majesty's  reign,  intitled 
"  An  act  in  addition  to  an  act  made 
in  the  twenty-ninth  year  of  his  ma- 
jesty's reign,  intitled  '  An  act  mak- 
ing ]irovision  for  the  inhabitants  of 
Nova  Scotia,  sent  hither  from  that 
government,  and  lately  arrived  in 
this  province '  "  [1755-56,  chap.  35]    . 

Second  Session. 

Chapter  8.  An  act  for  granting  the  sum  of  thir- 
teen hundred  pounds  for  the  support 
of  his  majesty's  governour 

Chapter  9.  An  act  in  i'urther  addition  to  the  act 
for  limitation  of  actions,  and  for 
avoiding  suits  in  law  where  the 
matter  is  of  long  standing  [1755-56, 
chap.  22;  1748-49,  chap.  17;  1740-41, 
chap.  4] 


1757. 


June      16, 


1759. 
Aug.      10, 


June  16, 

June  13, 

June  15, 

June  4, 

June  15, 


June     16, 


Aug.     31, 


Aug.      31, 


Mar.    31, 1758. 


June    25,1767. 
June    25, 1767. 


Aug.      1,  1757. 


Mar.     31, 1760. 


1070 


1080 


PucLTC  Acts. 
List  of  the  Public  Acts — Continued, 


Date 
of  Passage. 


Disallowed 
by  ^ri^•y 
Council. 


Expired  or  had  Its 
effect. 


27 


27 


29 


45 


46 


46 


47 


49 


51 


65 


67 


68 


69 


1757-58. — Second  Session — Con. 

Chapter  10.  An  act  in  addition  to  an  act  intitled 
"An  act  in  addition  to  iIk;  act  for 
providing  of  pounds,  &cM"  [1703-4, 
chap. 10]         

Chapter  11.  An  act  to  prcA'ent  neat  cattle,  horses 
and  sheep  running  at  large  and  feed- 
ing on  the  he[e][o]ches  beween  Wells 
andOgunquit  Harbours,  in  the  town 
of  Wells,  and  to  prevent  the  mowing 
of  the  same 

Chapter  12.  An  act  providing  remedy  for  bank- 
rupts and  their  creditors  [St.  5  Eliz., 
chap.  9] 

Thied  Session. 

Chapter  13.  An  act  in  addition  [to]  an  act,  in- 
tit[«]led  "  An  act  for  regulating  the 
hos])ital  on  Itainsfcird's  Island,  and 
further  providing  in  case  of  sick- 
ness "  [175(5-57,  cliap.  33,  §  4]       . 

Chapter  14.  An  act  for  raising  the  sum  of  one  thou- 
sand two  hundred  pounds  by  lottery, 
for  building  and  maintaining  a  bridge 
over  Saco  and  Pesumjjscot  IMvers,  in 
the  county  of  York       .... 

Chapter  15.  An  act  for  incorporating  a  neck  of  land 
called  Mer[)']iconeag  Neck,  and  cer- 
tain islands  adjacent  in  the  county 
of  York,  into  a  separate  district  by 
the  name  of  [Harpswell]     . 

Chapter  16.  An  act  making  provision  for  the  quar- 
tering and  billeting  recruiting  officers 
and  recruits  in  his  majesty's  regular 
forces  employed  for  the  protection 
and  defence  of  his  majesty's  domin- 
ions in  North  America 

Chapter  17.  An  act  to  exempt  the  people  called 
Quakers  from  the  penalty  of  the  law 
for  non-attendance  on  military  mus- 
ters [1755-56,  chap.  32]  .        .        . 

Chapter  18.  An  act  in  addition  to  the  several  ants 
of  this  province  for  regulating  the 
militia  [1693-4,  chap.  3,  §  27;  1738-39, 
chap.  5;  1742-43,  chap.  16;  1G99-1700, 
chap.  17,  §§  1  and  2]     .        .        ._       . 

Chapter  19.  An  act  for  granting  unto  his  majesty 
an  excise  upon  spirits  distilled  and 
wine,  and  upon  limes,  leramons  and 
oranges 

Chapter  20.  An  act  farther  to  exempt  persons  com- 
monly called  Quakers  and  Annabap- 
tists  from  paying  ministerial  taxes 
[1747-48,  chap'.  (5;  1752-53,  chap.  15]    . 

Chapter  21.  An  act  for  altering  a  clause  in  an  act 
made  in  the  thirtieth  year  of  his 
present  majesty's  reign,  intitled  "An 
act  to  prevent  damages  being  done 
unto  Billing.sgate  Bay,  in  the  town 
of  Eastham,  by  cattle  and  horses 
feeding  on  tlie  beach  and  islaiuls  ad- 
joining thereto"  [1756-57,  chap.  31, 
§§  4  and  5] 

Fourth  Session. 

Chapter  22.  An  act  to  prevent  bribery  and  corrup- 
tion         


1757. 

Aug.      31, 

Aug.  31, 
Aug.      31, 

1758. 

Jan.  25, 
Jan.  11, 
Jan.       25, 


1757. 
Dec.        1, 


Dec.      31, 


1758. 
Jan.      25, 


Jan.       25, 
Jan.       25, 


1758. 
July      28, 


Sept.      1, 1760. 

Jan.     31, 1761. 
June    15,1759. 


Dec.  1, 1758. 

Apr.  21,1761. 

Mar.  1,1760. 

Mar.  26,1759. 

Feb.  1,1761. 


Jan.      11, 


March  25, 


Public  Acts. 
List  of  tlie  Public  Acts — Continued. 


1081 


Date 
of  rassage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  iu 
efifect. 


79 


86 


86 


90 


1757-58.— FouKTH  Session— Con. 

Chapter  23.  An  act  for  regulating  the  proprietors 
of  the  meadow  and  fiat  ground  with- 
in tlie  cove  called  the  little  harbour, 
in  the  township  of  Hinghain,  in  the 
county  of  Suffolk         .... 

Chapter  24.  An  act  [for]  laying  an  embargo  upon 
ships  and  other  vessel[l]s  in  this 
province        

Chapter  25.  An  act  providing  for  the  reception 
and  accommodation  of  his  majesty's 
forces  within  this  province 

Chapter  26.  An  act  in  addition  to  an  act  made  and 
passed  this  present  year,  iutit[u]led 
"An  act  in  addition  to  the  several 
acts  of  this  province  for  regulating 
the  militia"  [1757-58,  chap.  18,  §  1]  \ 

Chapter  27.  An  act  to  prevent  soldiers  and  seamen 
in  his  majesty's  service  from  being 
arrested  for  debt 

Chapter  28.  An  act  for  the  speedy  discovering  and 
ascertaining  the  sum  or  quantity  of 
the  manufactory  bills,  so  called,  that 
are  still  outstanding  [1754-55,  chap. 
24] 

Chapter  29.  An  act  in  addition  to  the  act  intitled 
"An  act  for  granting  unto  his  ma- 
jesty an  excise  ujion  spirits  distilled, 
ajd  wine,  and  upon  limes,  lemmons 
and  oranges"  [1757-58,  chap.  19;  1756- 
57,  chap.  21] 

Chapter  30.  An  act  impowering  the  province  treas- 
urer to  borrow  twenty-eight  thou- 
sand pounds ...... 

Chapter  31.  An  act  for  reviviug  and  continuing 
sundry  laws  that  are  expired  and 
near  expiring  [1736-37,  chap.  15;  1737- 
38,  chap.  8;  1737-38,  chap.  9;  1740-41, 
chap.  23;  1741-43,  chap.  5;  1746-47, 
chap.  26;  1747-48,  chap.  7;  1748-49, 
chap.  9;  1749-50,  chap.  6;  1749-50, 
chap.  27;  1750-51,  chap.  5;  17.50-51, 
chap.  17;  1752-53,  chap.  10;  1752-53, 
chap.  18;  1752-53,  chap.  20;  1753-54, 
chap.  44;  1754-55,  chap.  31] 

Chapter  32.  An  act  for  granting  unto  his  majesty 
several  rates  and  duties  of  impost 
and  tunnage  of  shipping 


Fifth  Session. 

Chapter  33.  An  act  for  preventing  loss  or  damage 
by  means  of  a  non-observance  of  a 
late  act  of  this  province  intitled  "  An 
act  for  granting  to  his  majesty  sev- 
eral duties  upon  vellum,  parchment 
and  paper,  for  two  years,  towards 
defreying  the  charges  of  this  govern- 
ment "  [1754-55,  chap.  18]    . 

Chapter  34.  An  act  for  the  speedy  levying  of  sol- 
diers for  an  intended  expedition 

Chapter  35.  An  act  for  supplying  the  treasury  with 
a  sum  of  money  by  lottery 

Chapter  36.  An  act  in  addition  to  an  act  made  and 
passed  this  present  year,  intitled 
"An  act  for  the  speedy  levying  of 
soldiers  for  an  intended  expedition  " 
[1757-58,  chap.  34]         .... 


1758. 


Mar. 

25, 

- 

- 

- 

Mar, 

25, 

- 

June 

1, 1758 

Mar. 

25, 

- 

June 

30, 1758. 

Mar. 

25, 

- 

Mar. 

i,  17d0. 

Mar. 

25, 

- 

Dec. 

1, 1758. 

Mar.       25, 


Mar. 
Mar. 


25, 
25, 


Mar. 
Mar. 


25, 
25, 


Apr.  24, 

Apr.  26, 

Apr.  29, 

Apr.  28, 


Mar.     26,1759. 


Apr.       1, 1763. 
Mar.     26, 1759. 


May      2,1758. 


June     1,1758. 


1082 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


91 


145 


156 


157 


160 


163 
1G3 


165 


165 


166 


TITLES. 


1757-58.— I'iFTH  Session — Con. 

Chapter  37.  An  act  in  addition  to  an  act,  intitled 
"  An  act  for  preventing  the  unneces- 
sary destruction  of  alewives  and  other 
fish,  within  this  province"  1754-55, 
chap.  31,  §  1] 


1758-59.— First  Session. 

Chapter  1.  An  act  for  apportioning  and  assessing 
the  sum  of  eiglity-two  thousand  and 
thirteen  jiounds  six  shillings  and 
eightpence;  and  also  for  apportion- 
ing and  assessing  a  further  tax  of  one 
hundred  and  seventy-seven  pounds, 
for  fines  laid  upon  towns  that  have 
sent  no  persons  to  reiiresent  them  at 
the  general  court  this  vear  [1756-57, 
chap.  3,  §  5;  175(5-57,  chap.  22,  §  2]     . 

Chapter  2.  An  act  in  addition  to  an  act  intitled 
"  An  act  to  prevent  the  desertion  of 
soldiers  during  the  present  war  with 
France,  and  the  loss  of  arms,"  &c. 
[1756-57,  chap.  36,  §  1] 

Chapter  3.  An  act  for  preventing  any  deficiency 
in  the  number  of  soldiers  to  be  raised 
within  this  province  for  the  intended 
expedition  against  Canada  [1757-58, 
chap.  36,  §  2] 

Chapter  4.  An  act  for  supplying  the  treasury  with 
the  sum  of  one  hundred  and  eighty 
thousand  pounds,  to  be  thence  issued 
for  discharging  the  public  debts,  and 
drawing  the  same  into  the  treasury 
again  [1757-58,  chap.  18,  §  6;  1757-58, 
chap.  30] 

Chapter  5.  An  act  for  gi-anting  the  sum  of  thir- 
teen hundred  pounds,  for  the  sup- 
port of  his  majesty's  governour 

Chapter  6.  An  act  in  addition  to  the  several  acts 
for  the  better  regulating  the  Indiaus 
[1753-51,  chap.  6;  1700-1,  chap.  9] 


Second  Session. 

Chapter  7.  An  act  for  altering  the  times  appointed 
for  holding  the  courts  of  general  ses- 
sions of  the  peace  and  inferiour  courts 
of  common  pleas  at  Plymouth,  with- 
in and  for  the  county  of  Plymouth 
[1742-43,  chap.  32;  1753-54,  chap.  33], 

Chapter  8.  An  act  providing  for  the  reception 
and  accommodation  of  his  majesty's 
forces  within  this  province  [1757-58, 
chap.  25] 

Chapter  9.  An  act  in  further  addition  to  the  sev- 
eral acts  of  this  province  for  the  regu- 
lating the  militia  [1757-58,  chap.  18, 
§1] 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


1758. 


Apr.   29, 


June  15, 

June  8, 

June  15, 

June  15, 

June  15, 

June  15, 


Oct.  14, 
Oct.  12, 
Oct.       14, 


Expired  or  had  its 
effect. 


Apr.   1, 1763. 


Mar.  31, 1759. 


Jan.  11,1763.* 


Nov.  28,  1761. 


Mar.  31, 1759. 
Oct.  31, 1758. 


*  Preliminary  articles  of  peace  were  signed  at  Paris,  Nov.  3, 1762,  tidings  of  which  reached  Boston,  Jan.  11, 1763, 
from  -which  date  hostilities  here  were  finally  suspended.  The  definitive  treaty  was  concluded  on  the  10th  of  Feb- 
ruary following,  and  proclaimed  in  London  on  the  26th  of  March;  and  although  these  facts  were  published  in  Bos- 
ton  as  early  as  the  2d  of  May,  and  the  treaty  itself  was  printed  in  the  public  papers  in  Boston,  May  23,  its  ratification 
was  not  proclaimed  here  until  Aug.  10,  upon  the  arrival  of  letters  to  the  Governor  from  the  Lords  Commissioners  for 
Trade  and  Plantations  signif3"ing  the  King's  pleasure  that  a  day  of  public  thanksgiving  be  appointed  to  celebrate  tho 
event.    The  thanksgiving  was  observed  the  nest  day  after  the  proclamation  had  been  made. 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


1083 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


168 
170 

173 

174 

174 
175 

176 
178 

180 


182 
189 

191 
195 

195 


1758-59.— Third  Session. 

Chapter  10.  An  act  to  enable  creditors  to  re- 
c[iej[f;]ve  their  just  debts  out  of  the 
etfects  of  tlieir  absent  or  abscf)nding 
debtors  [1748-4'.),  chap.  6;  1753-54, 
chap.  28] 

Chapter  11.  An  act  to  confirm  and  render  effectual 
an  agreement  between  sundry  per- 
sons claiming  property  and  interest 
iu  the  common  and  undivided  lands 
in  a  neck  of  land  in  Framinghara,  in 
the  county  of  Middlesex 

Chapter  12.  An  act  for  erecting  the  second  precinct 
in  the  town  of  Hadley,  in  the  county 
of  Hampshire,  into  a  district,  by  the 
name  of  Amherst         .... 

Chapter  13.  An  act  for  incorporating  the  inhabit- 
ants of  the  west  wing  of  llutland,  in 
the  county  of  Worcester,  into  a  pre- 
cinct        

Chapter  14.  An  act  to  prevent  a  multiplicity  of 
lawsuits  [1742-43,  chap.  25;  1754-55, 
chap.  5] 

Chapter  15.  An  act  making  provision  for  the  quar- 
tering and  bil leting  recruiting  officers 
and  recruits  in  his  majesty's  regular 
forces  employed  for  the  protection 
and  defence  of  his  majesty's  domin- 
ions in  North  America  [1758-59,  chap. 
8,  §3] 

Chapter  16.  An  act  in  addition  to  an  act  intit[?/]led 
"An  act  to  prevent  fraud  in  cord- 
wood  exposed  to  sale  "  [1705-6,  chap. 
8.§1] 

Chapter  17.  An  act  in  further  addition  to  an  act 
intit[u]led  "An  act  for  explanation 
of  and  supplement  to  an  act  referring 
to  the  poor,"  &c.  [1740-41,  chap.  20; 
1741^2,  chap.  4;  1749-50,  chap.  16]     . 

Chapter  18.  An  act  providing  that  the  solemn  af- 
firmation of  the  people  called  Qua- 
kers shall  in  certain  cases  be  accepted 
instead  of  an  oath  in  the  usual  form 
[1743-44,  chap.  20;  1747-48,  chap.  6]    . 

Fourth  Session. 

Chapter  19.  An  act  for  granting  unto  his  majesty 
several  rates  and  duties  of  impost 
and  tunnage  of  shipping     '. 

Chapter  20.  An  act  in  further  addition  to  the  sev- 
eral laws  now  in  being  for  the  more 
speedy  finishing  the  Land-bank  or 
Manufactory  Scheme  [1748-49,  chap. 
16;  1754-55,  chap.  24;  1757-58,  chap. 
28;  1743-44,  chap.  17]   . 

Chapter  21.  An  act  for  the  speedy  levying  of  sol- 
diers for  an  intended  expedition 
against  Canada  [1758-59,  chap.  23]     . 

Chapter  22.  An  act  in  addition  to  an  act  intituled 
"An  act  for  the  speedy  levying  of 
soldiers  for  an  intended  expedition 
against  Canada  "  [1758-59,  chap.  21], 

Chapter  23.  An  act  subjecting  the  inhabitants  of 
the  island  of  Nantucket  to  an  assess- 
ment towards  the  charge  of  defend- 
ing his  majesty's  territories,  in  lieu 
of  their  personal  service  [1755-56, 
chap.  32] 


1759. 

Feb.  13, 

Feb.  13, 

Feb.  13, 

Feb.  13, 

Feb.  13, 

Jan.  17, 

Feb.  13, 

Feb.  13, 

Feb.  13, 

Mar.  28, 

Mar.  28, 

Mar.  28, 

Mar.  28, 

Mar.  15, 


June  1, 1759. 

Feb.  25, 1763, 

Feb.  15, 1764. 

Feb.  10, 1764. 

Mar.  26,1760. 


June     1, 1759. 
June     1, 1759. 

Mar.    22,1761. 


1084 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


TITLES. 


197 


197 
198 
198 

199 
201 

213 


1758-59.— FouKTH  Session— Con. 


Chapter  24. 


Chapter  25. 
Chapter  26. 
Chapter  27. 

Chapter  28. 
Chapter  29. 

Chapter  30. 


215    Chapter  31. 


215 
218 
219 

220 
220 


Chapter  32. 
Chapter  33. 
Chapter  34. 

Chapter  35. 
Chapter  36. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


1759. 


An  act  to  enable  the  widows  of  such 
non-couiniission  officers  and  soldiers 
as  served  in  the  pay  of  this  province 
under  the  general  and  comiuander- 
in-cli[ei][;e]f  of  his  majesty's  forces 
in  North  America,  in  the  years  1757 
and  1758,  and  are  since  deceased  in- 
testate, to  receive  the  wages  due  to 
such  officers  or  soldiers  without  ad- 
ministration upon  their  estates . 

An  act  to  prevent  soldiers  and  seamen 
in  his  majesty's  service  from  being 
arrested  for  debt  [1740-47,  chap.  2; 
1753-54,  chap.  41,  §§  17, 18, 19]    . 

An  act  providing  for  the  support  and 
maintainance  of  such  French  prison- 
ers as  maybe  taken  or  sent  in  by  the 
province  ship  King  George 

An  act  for  further  continuing  the  act 
[e][i]ntituled  "An  act  providing  for 
the  reception  and  accom[?n]odatio_n 
of  his  majesty's  forces  within  this 
province"  [1758-59,  chap. 8] 

An  act  for  supplying  the  treasurer  with 
the  sura  of  forty-six  thousand  pounds 
[1758-59,  chap.  21,  §  5] 

An  act  for  granting  unto  his  majesty 
an  excise  upon  spirits  distilled,  and 
wine,  and  upon  limes,  lemmons  and 
oranges 

An  act  for  continuing  the  act  for  es- 
tablishing and  regulating  the  fees  of 
the  several  officers  within  this  prov- 
ince [1756-57,  chap.  30]        .        .        . 


Fifth  Session. 

An  act  in  addition  to  an  act  intit[M]led 
"  An  act  for  the  speedy  levying  of 
soldiers  for  an  intended  expedition 
against  Canada,"  made  in  the  thirty- 
second  year  of  his  present  majesty's 
reign  [1758-59,  chap.  21,  §  5] 
An  act  for  supplying  the  treasury  with 
the   sum    of    twenty-two    thousand 

pounds  

An  act  in  addition  to  an  act  intituled 
"An  act  for  regulating  of  fences, 
cattle,  &c."  [1693-4,  chap.  7] 
An  act  in  addition  to,  and  for  explana- 
tion of,  an  act,  intituled  "  An  act  for 
granting  unto  his  majesty  an  excise 
upon  spirits  distilled,  and  wine,  and 
upon  limes,  lemmons  and  oranges  " 
[1758-59,  chap.  29,  §§  1  and  2]  . 
An  act  for  reviving  and  continuing 
sundry  laws  that  are  expired  or  near 
expiring  [1739-40,  chap.  8  ;  1739-40, 
chap.  12;  1752-53,  chap.  12] 
An  act  in  addition  to  an  act  [e][«]nti- 
tuled  "An  act  for  the  effectual  pre- 
A'enting  the  currency  of  the  bills  of 
credit  of  Connecticut,  New  Hamp- 
shire and  Rhode  Island  within  this 
province,"  made  and  passed  in  the 
thirtieth  year  of  his  present  majesty's 
reign  [1756-57,  chap.  34,  §  6] 


Mar.      15, 


Mar.      17, 


Mar.      14, 


Mar.      28, 


Mar.      26, 


Mar.      20, 


Mar.      26, 


Expired  or  had  Its 
effect. 


Apr.  24, 
Apr.  24, 
Apr.      24, 


Apr.      24, 


Apr.      24, 


Apr.      24, 


Nov.  1, 1759. 

Jan.  11, 1763. 

June  1,  1759. 

Mar.  26, 1760. 

Oct.  12,  1759. 


June  1, 1759. 

May  1, 1761. 

Mar.  26,1760. 

June  10,1766. 

Mar.  31,1762. 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


1085 


Date 

Disallowed 

Expired  or  had  its 

• 

TITLES. 

by  Privy 

1 

of  Passage. 

Council. 

effect. 

1758-59.— Fifth  Session— Coji. 

1759. 

221 

Chapter  37.    An  act  in  addition  to  "An  act  relating 
to  executors    and    administrators  '* 

[1703-4,  chap.  12;  171!)-20,  chap.  9]     . 

Apr.      24, 

- 

Apr.    17,1764. 

222 

Chapter  38.    An  act  for  raising  a  further  sum  of 
money  by  a  lottery  or  lotteries  for 
com  pleating  the  pavement    of    the 
neck  leading  out    of   the    town   of 
Boston,  called  Boston  Neck  1 1755-56, 

chap. 24]         

Apr.       24, 

— 

—          — 

223 

Chapter  39.    An  act  for  raising  a  sum  of  money  by  a 
lottery  or  lotteries  for  the  paving  and 
repairing  the  highway  in  Roxbury 
from  Boston  line  to  the  foot  of  the 
Meeting-house  hill,  leading  towards 

Dedham 

Apr.      24, 

1759-60.— First  Session. 

247 

Chapter    1.    An  act  for  granting  the  sum  of  thirteen 
hundred  pounds,  for  the  support  of 

his  majesty's  governour 

June     15, 

— 

.,          • 

247 

Chapter   2.    An  act  for  apportioning  and  assessing 
the    sum    of    ninety-four   thousand 
seven  hundred  and  eighty  pounds 
three  shillings  and  twopence;   also 
for  apportioning  and  assessing  a  tax 
of  three  hundred  pounds,  for  lines  laid 
upon  towns  that  have  not  sent  any 
persons  to  represent    them    in    the 
general  court  the  present  year;  also 
for  apportioning  and  assessing  a  tax 
of  live  thousand  one  hundred  and 
thirty-four  pounds  eleven  shillings, 
paid  the  representatives    for    their 
travel,  service  and  attendance  in  the 
general  court,  in  the  years  one  thou- 
sand seven  hundred  and  fifty-seven, 
and  one  thousand    seven    hundred 
and  fifty-eight;  also  for  assessing  a 
tax  of  six  hundred   and  sixty-two 
pounds  four  shillings  and  sixpence, 
upon  the  town  of  Sherburn,  upon 
Nantucket,  in  lieu  of  their  propor- 
tion of  soldiers  for  carrying  on  the 
present  war;  and  also  for  assessing  a 
tax  of  three  thousand  and  fifty-three 
pounds  one  shilling  and  fourpence, 
upon  sundry  towns,  to  be  levied  upon 
the  people  called  Quakers,  in  lieu  of 
furnishing  their  respective  quotas  of 
men  for  the  military  service,  in  the 
years  one  thousand  seven  hundred 
and   fifty-eight,  and  one  thousand 
seven  hundred  and  fifty-nine  £1757- 
58,  chap.  3,  §  7;  1757-58,  chap.  4,  §  3; 

1757-58,  chap.  30,  §  2J    . 

June      15, 

- 

Mar.    31,1760. 

263 

Chapter   3.    An  act  for  erecting   the   plantation 
called    New    Marlborough,    in     the 
county  of  Hampshire,  into  a  district 

by  the  name  of  New  INIarlborough    . 

June     15, 

- 

- 

264 

Chapter   4,    An  act  in  addition  to  an  act  intituled 
"  An  act  for  erecting  the  township  of 
New  Salem,  so  called,  in  the  county 
of  Hampshire,  into  a  district "  [1753- 

54,  chap.  2] 

June      15, 

1086 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


TITLES. 


Date 
of  Passage. 


Disallowed 
by  I'rivy 
Council. 


Expired  or  had  its 
effect. 


2G5 


2CG 


207 


2C8 


270 


272 


27G 
278 


279 


280 


1759-60.— Second  Session. 


Chapter  5. 
Chapter  6. 

Chapter  7. 
Chapter   8. 

Chapter  9. 
Chapter  10. 

Chapter  11. 
Chapter  12. 
Chapter  13. 

Chapter  14. 


An  act  for  erecting  the  new  plantation 
called  Narragansett  Number  Two, 
in  the  county  of  Worcester,  into  a 
district  by  the  name  of  Westminster 
[1757-58,  chap.  2;  1758-59,  chap.  1; 
1759-GO,  chap.  2] 

An  act  for  erecting  the  east  wing  of 
Rutland,  so  called,  in  the  county  of 
Worcester, — and  sundry  farms  con- 
tiguous thereto,  lying  between  Lan- 
caster and  Narraganset[«],  Number 
Two,— into  a  sep[ej{«]rate  district  by 
the  name  of  Princetown 

An  act  for  incorporating  the  inhabit- 
ants of  a  tract  of  land  called  Ne- 
guasset,  in  the  county  of  York,  into 
a  district  by  the  name  of  Woolwich, 

An  act  for  supplying  the  treasury  with 
the  sum  of  one  hundred  and  forty- 
four  thousand  and  five  hundred 
pounds,  to  be  thence  issued  for  dis- 
charging the  publick  debts,  and 
drawing  the  same  into  the  treasury 
again 

An  act  to  supply  the  treasury  with  the 
sum  of  forty-one  thousand  five  hun- 


An  act  for  raising  a  sum  of  money  by  a 
lottery  or  lotteries,  for  repairing  the 
causeway  on  the  westerly  side  of 
Sudbury  River,  and  for  building  a 
bridge  over  said  river .        .        .        . 

An  act  providing  for  the  reception 
andaccom[m]o(latiou  of  his  majesty's 
forces  within  this  province 

An  act  for  the  relief  of  poor  prisoners 
for  debt  [1741-42,  chap.  6;  1(592-3, 
chap.  18,  §  9] 

An  act  for  reviving  sundry  laws  that 
are  expired  [1742-43,  chap.  17;  1745- 
46,  chap.  l(i;  174(5-47,  chap.G;  1753-54, 
chap.  43;  1755-56,  chap.  39;  1755-56, 
chap.  43] 

An  act  to  revive  an  act  intitled  "An 
act  making  provision  for  the  quar- 
tering and  billeting  recruiting  ofdcers 
and  recruits  in  his  majesty's  regular 
forces  employed  for  the  iirotection 
and  defence  of  his  majesty's  domin- 
ions in  North  America"  [1758-59, 
chap.  15] 


1759-60.— TmPvD  Session. 


Chapter  15,  An  act  in  further  addition  to  the  act 
for  limitation  of  actions,  and  for 
avoiding  suits  in  law  where  the  mat- 
ter is  of  long  standing  [1757-58,  chap. 
9;  1740-41,  chap.  4;  1755-56,  chap.  22; 
1748-49,  chap.  17] 


1759. 

Oct.       20, 

Oct.  20, 
Oct.       20, 

Oct.  20, 
Oct.       17, 

Oct.  20, 
Oct.  20, 
Oct.       20, 

Oct.       20, 

Oct.       20, 

1760. 


Jan. 


16, 


Mar.  SI,  1760. 

Apr.  1,  1763. 

Apr.  1,  1763. 

June  1, 1760. 


Mar.     31,  1763. 


PuDLic  Acts. 
List  of  the  Public  Acts — Continued. 


1087 


Date 
of  rassage. 


Disallowed 
by  I'rivy 
Council. 


Expired  or  had  its 
effect. 


281 

281 
283 

284 

284 


285 
286 


287 

288 
288 

291 

298 
305 

318 

320 


1759-60.— TiiiKD  Session.— Cou. 

Chapter  IG.  An  act  for  applying  the  snm  of  twenty- 
seven  tliousand  five  hundred  and 
sevcnty-foiir  pounds  ten  shillings, 
lawful  money,  remitted  to  the  prov- 
ince by  Mr.  Agent  Bollan,  to  the 
payment  of  the  officers  and  soldiers 
in  the  late  expedition  against  Canada 
[175y-(i0,  chap.  8J 

Chapter  17.  An  act  iiiipowering  the  province  treas- 
urer to  borrow  the  sum  of  sixty 
thousand  pounds  

Chapter  18.  An  act  to  prevent  soldiers  and  seamen 
in  his  nutjesty's  service  from  being 
arrested  f()r  debt  [1758-5!),  chap.  25], 

Chapter  19.  An  act  in  addiiion  to  the  several  acts 
against  desertions  and  for  the  pun- 
ishiuent  of  deserters  [1744-45,  chap. 
11;  1746-47,  chap.  23;  1756-57,  chap. 
36;  1758-59,  chap.  2]      .        .        .        . 

Chai)ter  20.  An  act  to  enable  the  widows  of  such 
non-commission  officers  and  soldiers 
as  served,  in  the  pay  of  this  prov- 
ince, under  the  general  and  com- 
mander-in-chief of  his  majesty's 
forces  in  North  America,  in  the  year 
1759,  and  are  since  deceased,  intes- 
tate, to  receive  the  wages  due  to  such 
officers  or  soldiers,  without  adminis- 
tration upon  their  estates  [1758-59, 
chap.  24] 

Chapter  21.    An  act  relating  to  ferries 

Chapter  22.  An  act  for  incorporating  certain  lands 
lying  west  of  Sheffield  into  a  separate 
district  by  the  name  of  Egremont 

Chapter  23.  An  act  for  erecting  tlie  new  plantation 
called  Frankfort,  lying  upon  the  east 
side  of  the  river  Kennebeck,  in  the 
county  of  York,  into  a  townshiiJ  by 
the  name  of  Pownalborough 

Chapter  24.  An  act  in  further  addition  to  an  act 
intit[H]led  "An  act  for  the  settle- 
ment and  supiiort  of  ministers  and 
schoolmasters"  [1692-93,  chap.  26]     . 

Chapter  25.  An  act  for  raising  a  sum  of  money  by 
lottery,  for  drawing  in  such  of  the 
notes  or  bills  of  the  late  Land-Bank 
or  Manufactorv  Company,  as  are  yet 
outstanding  [1758-59,  chap.  20]  . 

Chapter  26.  An  act  for  estahlishing  and  regulating 
the  fees  of  the  several  officers,  within 
this  province,  hereafter  mentioned 
[1756-57,  chap.  30]        .... 

Chapter  27.  An  act  for  granting  unto  his  majesty 
several  rates  and  duties  of  impost 
and  tunnage  of  shipping 

Chapter  28.  An  act  for  granting  unto  his  majesty 
an  excise  upon  spirits  distilled,  and 
wine,  and  upon  limes,  Icmmous  and 
oranges  

Four.TH  Session. 

Chapter  29.  An  act  for  the  better  regulating  the 
choice  of  iietit  jurors  [1756-57,  chap. 
13,  §  10] ,. 

Chapter  30.  An  act  for  the  prevention  of  danger  and 
inconvenience  in  rebuilding  that  pai't 
of  ti:e  town  of  fJoston  that  waslately 
consumed  by  fire  [1692-93,  chaii.  13], 


1760. 


Jan. 

25, 

Feb. 

13, 

Feb. 

13, 

Feb.       13, 


Feb. 
Feb. 


Feb. 


13, 
13, 


Feb.       13, 


13, 


Feb.       13, 


Feb.  13, 

Feb.  13, 

Feb.  13, 

Feb.  13, 

Mar.  29, 

Mar.  29, 


Jan.     11,  17G3. 


Jan.     11, 1763. 


May      1, 1765. 


Sept.  1, 1761. 

June  25, 1765. 

Mar.  26, 1761. 

Mar.  26,  1762. 

Mar.  31 ,  1767. 


1088 


PuDLic  Acts. 
List  of  the  Public  Acts — Continued, 


321 
322 


323 


324 


32G 


327 


329 


333 


334 


335 


367 


367 


TITLES. 


1759-60.— Fourth  Session— Con. 

Chapter  31.  An  act  for  further  regulating  the  par- 
tition of  real  estates  [lG92-3,chap.  14, 
§  1;  1742-43,  cliap.24;1748-49,chap.l2], 

Chapter  32.  An  act  to  enable  the  town  of  Wey- 
mouth to  regulate  and  order  the 
taking  and  di.s])Osing  of  the  fish 
called  sliadd  and  ale\vive[s],  within 
the  limits  of  that  town 

Chapter  33.  An  act  to  prevent  damage  heing  done 
on  the  meadows  lying  in  the  town- 
ship of  Yarmouth,  called  Nohscussett 
meadow  [1749-50,  chap.  15;  1754-55, 
chap  29]         

Chapter  34.  An  act  for  reviving  and  continuing 
sundry  laws,  that  are  expired  and 
near  expiring  [17;i8-39,  chap.  25;  1740- 
41,  chap.  20;  1741-42,  chap.  14;  1742- 
43,  chap.  Ki;  1742-43,  chap.  20;  1742- 

43,  chap.  27;   1742-43,  chap.  19;  1743- 

44,  chap.  23;  174(i-47,  chap.  10;  1746- 
47,  chap.  11;  1746-47,  chap.  17;  1746- 
47,  chap.  18;  1748-49,  cliap.  13;  1751- 
52,  chap.  19;  1756-57,  chap.  32]  . 

Fifth  Session. 

Chapter  35.  An  act  in  addition  to  an  act,  intituled 
"  An  act  for  raising  the  sum  of  twelve 
hundred  pounds  liy  lottery,  for  build- 
ing and  maintaining  a  bridge  over 
the  River  Parker,  in  the  town  of  New- 
bury, at  the  place  called  Oldtown 
Ferry  "  [1750-51,  chap.  14]  . 

Chapter  36.  An  act  for  raising  a  sum  of  money  by 
lottery,  for  removing  the  rocks  and 
shoals  in  Taunton  Great  River,  and 
thereby  to  render  the  navigation  in 
said  river  more  easy  and  less  haz- 
ardous     

Chapter  37.  An  act  for  raising  a  sum  of  money,  by 
a  lottery  or  lotteries,  for  the  paving 
andrepairingtheliighway  in  Charles- 
town,  leading  from  the  ferry  to  the 
neck,  so  railed 

Chapter  38.  An  act  to  ])ieveut  damage  being  done 
on  a  beach  at  IMonuraent  Ponds,  in 
the  townshii>  (if  Plymouth,  lying  be- 
tween the  lauds  of  the  late  Thomas 
Clark  and  Joseph  Bartlet,  deceased, 
and  on  a  certain  tract  of  marshy 
ground  lying  under  water  there 

Chapter  39.  An  act  for  erecting  t  lie  westerly  part 
of  the  town  of  Brimfield,  in  the 
county  of  Hampshire,  into  a  district 
by  the  name  of  Monson 

Chapter  40.  An  act  to  supi>ly  the  treasury  with 
four  thousand  live  hundred  pounds, 


1760-61.— First  Session. 

Chapter  1.  An  act  for  granting  the  sum  of  three 
hundred  pounds  for  the  support  of 
his  honour  the  lieutenant-governor 
and  commander-in-chief     . 

Chapter  2.  An  act  in  a<ldition  to  an  act  intituled 
"  An  act  for  the  better  regulating  the 
choice  of  iJetit  jurors"  [1759-60,  chap. 
29] 


Date 
of  Passage. 


1760. 


Mar.      29, 


Mar.      29, 


Mar.      29, 


Mar.      29, 


Apr.      28, 


Apr.      24, 


Apr.       24, 


Apr.      28, 

Apr.       28, 
Apr.      28, 


June     20, 


June      12, 


Disallowed 
by  Privy- 
Council. 


Expired  or  bad  its 
effect. 


Mar.    29, 1765. 


Mar.    31,1770. 


Mar.    29, 1770. 


Apr.       1, 1762. 


May     10, 1767. 


Mar.     31, 1767. 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


1089 


Date 
of  Passage. 


IJisallowerl 
by  I'rivy 
Council. 


Expired  or  liad  its 
effect. 


368 


369 


370 


370 


372 
375 


378 


380 


381 


1760-61.— First  Session— Coji. 

Chapter  3.  An  act  to  impower  William  Bollan  and 
John  Pownall,  Esquires,  to  receive 
such  suras  of  money  as  have  been 
assigned  to  the  province  of  the  Massa- 
chusetts Bay ,  out  of  tlie  grant  made  by 
the  parliament  of  Great  Britain,  for 
the  expences  incurred  by  the  respec- 
tive provinces  in  North  America,  in 
the  levying  cloathiug  and  pay  of  the 
troops  raised  in  the  year  one  thou- 
sand seven  hundred  and  fifty-eight, 

Chapter  4.  An  act  to  autliorize  and  impower 
Benjamin  Pratt,  John  Worthington, 
and  Josej^h  Hawley,  Esqrs.,  to  trans- 
act certain  affairs  of  this  province, 
respecting  the  unappropriated  lands 
in  the  western  part  thereof  [1701-02, 
chap.  11] 

Chapter  5.  An  act  for  reviving  and  continuing 
sundry  laws  that  are  exjiired  and 
near  expiring  [1744-45,  chap.  25; 
1744-45,  chap.  26;  1745-46,  chap.  7; 
1748-4!),  chap.  13;  1749-50,  chap.  22; 
1749-50,  chap.  23;  1749-50,  chap.  24; 
1751-52,  chap.  17;  1749-50,  chap.  3; 
1756-57,  chap.  5] 

Chapter  6.  An  act  [to]  [for]  supply[mr/]  the  treas- 
ury with  the  sum  of  seventy  thousand 
two  hundred  and  fourteen  pounds 
[1758-59,  chap.  4,  §7;  1758-59,  chap. 
2.S,  §  3;  1758-59,  chap.  32,  §  5;  1759-60, 
chap.  8,  §  4;  1759-60,  chap.  16]    . 

Chapter  7.  An  act  for  erecting  and  establishing 
two  new  counties  in  the  easterly 
part  of  the  county  of  York 

Chapter  8.  An  act  for  supplying  the  treasury  with 
the  sum  of  oue  hundred  and  eight 
thousand  pounds,  to  be  thence  issued 
for  discharging  the  publick  debts, 
and  drawing  tlie  same  into  the  treas- 
viry  again  [1757-58,  chap.  18] 

Chapter  9.  An  act  for  the  better  rebuilding  that 
part  of  the  town  of  Boston  which  was 
laid  waste  by  the  late  lire,  and  for  pre- 
venting lire  in  that  town  for  the  future 
[1760-61,  chap.  32;  1692-93,  chap.  13], 

Chapter  10.  An  act  impowering  William  Bollan, 
Esq.,  and,  in  case  he  is  prevented  by 
sickness  or  death.  Barlow  Treco- 
thick.  Esq  ,  to  receive  the  sum  which 
is  or  shall  be  assigned  to  the  prov- 
ince of  the  Massachusetts  Bay,  out 
of  the  sum  of  two  hundred  thousand 
pounds  sterling,  granted  by  the  par- 
liament of  Great  Britain  for  the  ex- 
pence  incurred  by  the  respective 
provinces  in  North  America,  in  the 
levying,  cloathing  and  pay  of  the 
troops  raised  by  the  same,  in  the 
year  of  our  Lord  one  thousand  seven 
"hundred  and  lifty-nine 

Chapter  11.  An  act  for  ajiportioning  and  assessing 
the  sum  of  ninety-four  thousand 
eight  hundred  and  seventy-seven 
pounds  eleven  shillings;  also  for 
apportioning  and  assessing  a  tax  of 
sixty  nine  pounds,  for  fines  laid  upon 
towns  that  have  not  sent  any  persons 


1760. 


June     20, 


June      20, 


June     20, 


June    20,  1765. 


Auc 


3,  1770. 


June 
June 


21, 


21, 


June      20, 


June     20, 


June      20, 


1090 


Public  Acts. 


List  of  the  Public  Acts — Continued. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


398 


400 


401 
401 


Chapter  12. 


Chapter  13. 


Chapter  14. 


Chapter  15. 


1760-61.— First  Session— Con. 


to  represent  them  in  the  general 
court  tlie  present  year;  also  for  ap- 
portioning and  assessing  a  tax  of 
two  thousand  three  hundred  and 
seventy-nine  pounds  four  shillings, 
paid  the  representatives  for  their 
travel,  service  and  attendance  in  the 
general  court  in  the  year  one  thou- 
sand seven  hundred  and  fifty-nine; 
also  for  assessing  a  tax  of  nineteen 
pounds  eighteen  shilling.s  upon  the 
town  of  Falmouth  and  district  of 
Harpswell,  in  the  county  of  York,  to 
be  levied  upon  tlie  people  called 
Quakers,  in  lieu  of  furnishing  their 
respective  quotas  of  men  for  the 
military  service  in  the  year  one  thou- 
sand seven  hundred  and  tifty-eight 
[1758-50,  chap.  4,  §  7;  1758-5<),  chap. 
28,  §  3;  1758-59,  chap.  32,  §  5;  1759-00, 
chap.  8,  §  4;  1759-CO,  chap.  lUl    . 

An  act  to  continue  the  loan  of  three 
thousand  five  hundred  pounds  to  the 
town  of  Boston  [1757-58,  chap.  4,  §§5 
and  ()] 

An  act  for  the  more  easy  division  and 
distribution  of  intestate  estates 


403 


404 


407 


414 


Second  Session. 

An  act  for  granting  the  sum  of  thir- 
teen hundred  pounds,  for  the  support 
of  his  majesty's  governor   . 

An  act  for  raising  a  further  sum  of 
money,  l>y  a  lottery  or  lotteries,  for 
compieating  the  pavement  of  the 
highway,  in  lioxbury  (from  Boston 
line  to  tlie  foot  of  the  Meeting-house 
Hill),  leading  towards  Dedham  [1758- 
59,  chap.  39] 


Third  Session. 

Chapter  16.  An  act  for  finishing  such  commissions 
as  have  been  begun  to  be  acted  upon, 
and  have  not  been  finished,  dur- 
ing tlie  continuance  in  force  of  the 
act  providing  remedy  for  bank- 
rupts and  their  creditors  [1757-58, 
chap. 12]         

Chapter  17.  An  act  for  allowing  necessary  supplies 
to  the  eastern  Indians,  and  for  regu- 
lating trade  with  them  and  prevent- 
ing abuses  therein  [1752-53,  chap.  14], 

Chapter  18.  An  act  for  granting  unto  his  majesty 
several  rates  and  duties  of  impost 
and  tunnagc  of  shipping 

Chajiter  19.  An  act  to  prevent  damage  being  done 
on  the  meadows  and  beaches  lying 
in  and  adjoining  on  the  north  side  of 
the  town  of  Harwich,  between  Skeket 
harbour,  on  the  east,  and  Quivet  har- 
bour, on  the  west  [1749-50,  chap.  2G], 


1760. 


June      20, 


June      20, 
June      20, 


Mar.     31,17(31. 

Mar.     31,1704. 
July     20,  17G2. 


Aug.      15, 


Aug.      15, 


Dec.       24, 

1761. 
Jan .       30, 

Jan.       31, 


Jan.       31, 


Jan.     31,  1704. 
Mar.     20,  17G2. 

Jan.     31, 1771. 


Public  Acts. 

List  of  the  Public  Acts — Continued. 


1091 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


415 


419 


420 


421 

422 


424 

435 
427 
427 


428 


429 


1760-61.— Thibd  Session— Con. 

Chapter  20.  An  act  for  repealing?  the  several  laws 
now  in  force,  which  relate  to  the  ob- 
servation of  the  Lord's  Day,  and  for 
making  more  effectual  provision  for 
•  tlie  due  observation  thereof  [1692-93, 

chap.  22;  lG93,chap.  9;  1693-94,  chap. 
20,  §  5;  1698,  chap.  10,  §  4;  1711-12, 
chap.  6;  1716-17,  chap.  13;  1727-28, 
chap.  5;  1741-42,  chap.  7]     . 

Chapter  21,  An  act  for  reviving  and  continuing 
sundry  laws  that  are  expired  and 
near  expiring  [1740-41,  chap.  19;  1741- 
42,  chap.  1;  1742-4.3,  chap.  18;  1746- 
47,  chap.  28;  1747-48,  chap.    3;   1748- 

49,  chap.  14;  1748-49,  cliap.  18;    1749- 

50,  chap.  7;  1749-50,  chap.  12;  1749- 
50,  chap.  13;  1754-55,  chap.  26;  1757- 
58,  chap.  10;  1757-58,  chap.  11;  1757- 
58,  chap.  20] 

Chapter  22.  An  act  for  raising  a  further  sum  of 
money,  by  a  hjttery  or  lotteries,  to 
compleat  the  repairing  the  causeway 
on  the  westerly  side  of  Sudbury 
River,  and  for  building  a  bridge  over 
said  river  [17594)0,  chap.  10] 

Chapter  23.  An  act  for  supplying  the  treasury  with 
the  sum  of  thirty  thousand  i>ounds  . 

Chajiter  24.  An  act  for  enquiring  into  the  rateable 
estates  of  this  province  [1756-57, 
chap. 40]         

Fourth  Session. 

Chapter  25.  An  act  in  addition  to  an  act  made  and 
passed  in  rlie  tliirty-third  year  of  his 
late  majesty  King  George  the  Second, 
intit[((]led  "An  act  for  erecting  and 
establishing  two  new  counties  in  the 
easterly  part  of  tlie  county  of  York" 
[1760-<ii,  chap.  7,  §  7]    . 

Chapter  26.  An  act  for  raising  a  sum  of  money  by 
lottery,  for  repairing  Fan[eu][HO']il 
Hall  in  Boston 

Chapter  27.  An  act  to  supply  the  treasury  with  the 
sum  of  forty  thousand  and  five  hun- 
dred pounds  

Chapter  28.  An  act  in  addition  to  an  act  made  and 
passed  this  present  year,  intituled 
"  An  act  to  prevent  damage  being 
done  on  tlie  meadows  and  beaches 
lying  in  and  adjoining  to  the  north 
side  of  the  town  of  Harwich,  be- 
tween Skeket  harbour,  on  the  east, 
and  Quivet  harbour,  on  the  west" 
[17(;0-(il,chap,  19]  .        .        .        . 

Chapter  29.  An  act  in  addition  to,  and  for  amend- 
ing some  clauses  in,  an  act  made  and 
passed  in  the  last  session  of  this 
court,  intituled  "  An  act  for  repeal- 
ing the  several  laws  in  force,  which 
relate  to  the  observation  of  the  Lord's 
Day,  and  for  making  more  effectual 
provision  for  the  observation  there- 
of" [17(;U-()1,  chap.  20,  §  13] 

Chapter  30.  An  act  in  addition  to  an  act  made  and 
jiassed  in  the  last  session  t)f  this 
court,  intit[;(]led  "  An  act  for  enqiair- 
ing  into  the  rateable  estates  of  this 
province  "  [1760-61,  chap.  24]     . 


1761. 


Jan.       31, 


Jan.       31, 


Jan.       31, 
Jan.       31, 

Jan.       31, 


Apr.       14, 

Apr.       18, 
Apr.       18, 


Apr.       18, 


Apr,       18, 


Apr.       18, 


Jan.     30,  1771. 


June      1,  1761. 


May      1,  1764. 


May     20,  1761. 


1092 


430 


431 


432 


434 


435 


457 
457 
458 

4G0 

4G2 

4G3 

404 
4G4 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


TITLES. 


1760-61. — Fourth  Session — Con. 

Chapter  31.  An  act  to  prevent  the  destruction  of 
sheep,  by  hunting  with  unruly  dogs, 
in  the  towns  of  Plymouth  and  Sand- 
wich         

Chapter  32.  An  act  in  addition  to  an  act  made  and 
passed  in  tlie  thirty-third  year  of  the 
reign  of  his  majesty  King  George 
the  Second,  intituled  "  An  act  for 
the  better  regulating  that  part  of  the 
town  of  Boston  which  was  laid  waste 
by  the  late  fire,  and  for  preventing 
fire  in  that  town  for  the  future"  [17G0- 
61,  chap.  9,  §  1] 

Chapter  33.  An  act  for  dividing  the  county  of 
Hampshire,  and  for  erecting  and 
establishing  a  new  county  in  the 
westerly  part  of  the  county  of  Hamp- 
shire, to  be  called  the  county  of  Berk- 
shire, and  for  establishing  courts  of 
justice  within  the  same 

Chapter  34.  An  act  for  erecting  the  new  plantation 
called  Pontoosuck,  in  the  county  of 
Hampshire,  into  a  town  by  the  name 
of  Pittstield 

Chapter  35.  An  act  for  preventing  the  stealing  and 
clandestinely  conveying  sheep  away 
from  the  island  of  Martha's  Vine- 
yard in  Dukes  County 


1761-62.— FiEST  Session. 

Chapter  1.  An  act  for  granting  the  sum  of  thir- 
teen hundred  pounds,  for  the  sup- 
port of  his  majesty's  governor    . 

Chapter  2,  An  act  to  prevent  soldiers  and  seamen 
in  his  majesty's  service  from  being 
arrested  for  debt  [1759-60,  chap.  18], 

Chapter  3.  An  act  to  impower  the  province  treas- 
urer to  draw  bills  of  exchange  upon 
the  agent  of  the  province,  in  Great 
Britain 

Chapter  4.  An  act  for  supplying  the  treasury  with 
the  sum  of  forty-nine  thousand  one 
hundred  jiounds,  to  be  thence  issued 
for  discharging  the  publick  debts, 
and  drawing  the  same  into  the  treas- 
in-y  again 

Chapter  5.  An  act  establishing  a  watch  for  the 
safety  and  better  securing  the  good 
order  of  the  town  of  Boston  [1699- 
1700,  chap.  10;  1712-13,  chap.  4] . 

Chapter  G.  An  act  to  invest  the  committee  of  the 
second  precinct  in  Rehoboth  with 
corporate  powers  for  certain  pur- 
poses therein  mentioned 

Chapter  7.  An  act  for  incorporating  the  planta- 
tion called  Cold  Spring,  into  a  town 
by  the  name  of  Belcher's  Town 

Chapter  8.  An  act  for  erecting  the  plantation 
called  Roadtown,  in  the  county  of 
Hampshire,  into  a  town  by  the  name 
of  Shutesbury,  and  causing  the  de- 
linquent set[i]lers  to  fulfil  the  con- 
ditions of  their  grant  .... 


Date 
of  I'assage. 


1761. 


Apr.       21, 


Apr.  21, 

Apr.  21, 

Apr.  21, 

Apr.  21, 


June  5, 

June  G, 

June  17, 

June  22, 

June  30, 

June  30, 

June  30, 

June  30, 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


June    15, 17G2. 


June    10,  17G2. 


Jan.     11,  1763. 


July      1, 17G4. 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


1093 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expli-ed  or  had  its 
effect. 


465 


466 
467 


468 
468 


469 


469 
471 

472 


486 


487 


1761-62.— FmsT  Session— Coji. 

Chapter  9.  An  act  for  erecting  the  north  parish, 
or  precinct,  iu  the  town  of  ShefBekl, 
into  a  separate  town  by  [by]  the 
name  of  Great  Barrington  [1733-34, 
chap.  1;  1760-61,  chap.  33,  §§  1,8,  and 
2] 

Chapter  10.  An  act  for  incorporating  the  plantation 
called  Colrain,  into  a  town  by  the 
name  of  Colrain 

Chapter  11.  An  act  to  prevent  the  unnecessary 
destruction  of  the  fish  called  ale- 
wives,  in  the  town  of  Hingham,  in 
the  county  of  Suffolk,  and  to  ena- 
ble the  said  town  to  regulate  and 
order  the  taking  and  disposing  the 
same  [1735-36,  chap.  21;  1741-42,  chap. 
16 ;  1754-55,  chap.  31 ;  1757-58,  chap.  37 ; 
1726-27,  chap.  3] 

Chapter  12.  An  act  for  the  better  regulating  dis- 
tricts within  this  province  . 

Chapter  13.  An  act  making  siiecial  provision  for 
the  settlement  and  support  of  the 
gospel  ministry  in  the  town  of  Sud- 
bury        

Chapter  14.  An  act  further  impowering  the  courts 
of  general  sessions  of  the  peace,  in 
this  province,  to  grant  licences  in 
certain  cases,  and  therebj-  to  j^revent 
unnecessar;^  petitions  to  the  general 
court  [1755^6,  chap.  39;  1759-60, 
chap.  13] 

Chapter  15.  An  act  to  supply  the  treasury  with  the 
sum  of  thirty-nine  thousand  pounds. 

Chapter  16.  An  act  providing  for  the  levying  and 
collecting  of  taxes  in  plantations 
that  are  not  incorporated    . 

Chapter  17.  An  act  for  apportioning  and  assessing 
the  sum  of  seventy-five  thousand 
I^ounds;  also  for  apportioning  and 
assessing  a  tax  of  two  thousand  two 
hundred  and  thirty-five  pounds  two 
shillings,  paid  the  representatives  for 
their  service,  travel  and  attendance 
in  the  general  court,  in  the  year  one 
thousand  seven  hundred  and  sixty; 
also  for  assessing  the  town  of  Rut- 
land for  the  sum  of  thirty-one  pounds 
one  shilling  and  seven  pence,  being 
so  much  ordered  by  the  general  court, 
in  tlieir  sessions  in  January  last,  to 
be  added  to  the  tax  of  the  town  of 
Rutland,  the  present  year,  over  and 
above  tlieir  jiroportion  of  what  is 
laid  on  said  year  [1758-59,  chap.  4, 
§  7;  1758-59,  chap.  28,  §  1;  1760-61, 
chap.  6,  §  2;  1761-62,  chap.  3]      . 

Second  Session. 

Chapter  18.  An  act  for  erecting  Ware-River  Par- 
ish, so  called,  in  the  county  of  Hamp- 
shire, into  a  district  hy  the  name  of 
Ware 

Chapter  19.  An  act  for  exchanging  of  meadow  and 
meadowish  ground  belonging  to  the 
first  precinct  in  Marshfield,  in  the 
county  of  Plymouth,  with  Natlian- 
[i][«]el  Ray  Thomas,  of  said  INIarsh- 
faeld,  gentleman,  for  salt  meadow     . 


1761. 


June 
June 


30, 
30, 


July 
July 

July 


July 
July 


Nov.      3, 1764. 


9, 
11, 


July      11, 


July    10,  1765. 


Aug.      1,1768. 


July      11, 


Nov.      25, 


Nov.      28, 


Mar.    31,  1762. 


1094 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


488 


TITLES. 


Date 
of  rassage. 


490 


491    Chapter  23. 
4!)3 

506 
513 

513 
515 


51G 


518 


519 


1761-62.— Second  Session— Con. 

Chapter  20.  An  act  to  annul[l]  a  division  hereto- 
fore made  hy  the  proprietors  of  com- 
mon and  undivided  lands  in  a  place, 
called  Phillipstown,  in  the  county  of 
York •         • 

Chapter  21.  An  act  in  addition  to  an  act,  made  and 
pass[e]'d  in  the  tenth  year  of  Queen 
Anne,  intit[?(]led  "An  act  for  sup- 
pressing robberies  and  assaults" 
[1711-12,  chap.  2,  §  2]    . 

Thikd  Session. 

Chapter  22.  An  act  in  addition  to  an  act,  intituled 
"  An  act  for  supplying  the  treasury 
with  the  sum  of  forty-nine  thousand 
one  hundred  pounds,  to  be  thence 
issued  for  the  discharging  the  pub- 
lick  debts,  and  drawing  the  same 
into  the  treasury  again,"  and  to  one 
other  act,  intituled  "  An  act  to  sup- 
ply the  treasury  with  the  sum  of 
thirty-nine  thousand  pounds"  [17(51- 
62,  chap.  4;  1761-62,  chap.  15;  1749- 

50,  chap.  19] • 

An  act  to  supply  the  treasury  with  the 
sum  of  twentv-five  thousand  pounds 
[1749-50,  chap.  19]  .... 
Chapter  24.  An  act  for  granting  unto  his  majesty 
an  excise  upon  spirits  distilled ,  and 
wine,  and  upon  limes,  lemmons  and 

oranges  .-^ 

Chapter  25.  An  act  for  granting  unto  his  majesty 
several  rates  and  duties  of  mipost 
and  tunnagc  of  shipping  .  .  _  . 
Chapter  26.  An  act  to  prevent  damage  by  fire  in 
the  towns  of  Salem,  Marblehead,  and 
other  maritime  towns  in  the  prov- 
ince          • 

Chapter  27.  An  act  for  the  effectual  preventing  the 
curreucy  of  the  bills  of  credit  of 
Connecticut,  New  Hampshire  and 
Rhode  Island,  within  this  province 
[175()-57,  cliap.ol]  .... 

Chapter  28.    An  act  in  addition  to  an  act  made  and 
passed  in  the  twenty-third  year  of 
his  late  majesty  George  the  Second, 
intituled  "  An  act  for  ascertaining 
the  rates  at  whicli  cnined  silver  and 
gold,    and    English    halfpence    and 
farthings,  may  pass  within  this  gov- 
ernment" [1749-50,  chap.  19]      . 
Chapter  29.    An  act  for  the  better    securing   the 
possessors  of  the  province  treasurer  s 
notes,  by  enabling  the  province  treas- 
urer to  give  new  receipts  or  obliga- 
tions in  lieu  of  such  notes  as  are  now 
extant  [1749-50,  chap.  19]    .        .        . 
Chapter  30.    An  act  to  invest  the  committee  of  the 
first  precinct  in  Rehoboth,  with  cor- 
porate powers  for  certain  purposes 
therein  mentioned       .... 
Chapter  31.    An  act  to  prevent  damage  being  done 
on  the  meadows  and  beaches  lying 
in  and  adjoining  on  the  north-east 
part  of  the  town  of  Yarmouth,  be- 
tween   Quiv[e][/]t  harbour,   on  the 
east,  and  Sesuit  harbour,  on  the  west 
ri749-50,  chap.  15]         ...        • 


1761. 


Nov.      28, 


Nov.      28, 


Disallowed 
by  Privy 
Council. 


Expired  or  had  Ita 
effect. 


1762 
Jan. 

31, 

Jan. 

29, 

Jan. 

30, 

Jan. 

30, 

Jan.       30, 


Jan.       30, 


Feb. 


Feb. 


Feb. 


10, 
11. 


Mar.  26,  17C5. 

Mar.  25, 1763. 

Mar.  29,1770.    - 

Mar.  31,  1767. 


Feb.       11, 


July     31,  1762. 


Mar.      1, 1772. 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


1095 


TITLES. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


520 
523 

524 

524 

525 
526 

526 

527 
528 
529 


i30 


531 


532 


1761-62.— TniED  Session— Co?i. 

Chapter  32.  An  act  to  incorporate  certain  persons 
by  the  name  of  the  Society  for  Propa- 
gating Christian  Knowledge  among 
the  Indians  of  North  America  . 

Chapter  33.  An  act  for  altering  the  place  for  hold- 
ing the  courts  of  general  sessions 
of  the  peace  and  iuferio[?(]r  court  of 
common  pleas  heretofore  by  law  held 
at  Edgartown  [in]  Dukes  County  in 
October  annually         .        .        .        , 

Chapter  34.  An  act  for  altering  the  time  for  hold- 
ing the  court  of  general  sessions  of  the 
peace  and  inferio[?']r  court  of  com- 
mon j)leas  in  the  county  of  Hamp- 
shire, from  the  third  to  the  first 
Tuesday  in  May 

Chapter  35.  An  act,  in  addition  to  the  several  acts 
or  laws  of  this  i^rovince  relating  to 
common  fields,  to  extend  only  to  the 
county  of  Hampshire  [16ii2-93,  chap. 
28;  lGi)8,  chap.  12;  1712-13,  chap.  9; 
1718-10,  chap.  3;  1727-28,  chap.  13; 
1753-54,  chap.  29] 

Chapter  36.  An  act  for  holding  the  court  of  general 
sessions  of  the  peace  and  the  in- 
ferio[M]r  court  of  common  pleas,  at 
Biddeford,  in  the  county  of  York 

Chapters?.  An  act  in  addition  to  an  act  for  alter- 
in.3  the  time  for  holding  the  courts 
of  general  sessions  of  the  peace  and 
inferio[M]r  court  of  common  pleas, 
•within  the  county  of  Barnstable 
[1753-54,  chap.  33]         ...         . 

Chapter  38.  An  act  for  erecting  the  society  and 
parish  of  Natick  into  a  separate  dis- 
trict by  the  name  of  Natick  [1761-62, 
chap.  12] 

Chapter  39.  An  act  for  granting  several  bounties 
upon  wheat  and  11  our  .... 

Chapter  40.  An  act  to  supply  the  treasury  with 
twenty  thousand  pounds    . 

Chapter  41.  An  act  for  reviving  and  continuing 
sundry  laws  that  are  expired,  or  near 
expiring  [1740-41,  cliap.  15;  1741-42, 
chap.  4;  1742^3,  chap.  4;  1742-43, 
chap.  11;  1742-43,  chap.  25;  1742-43, 
chap.  28;  1743-44,  chap.  C;  174:3-44, 
chap.  14;  1743-44,  chap.  21;  1744-45, 
chap.  27;  1746-47,  chap.  27;  1747-48, 
chap.  11;  1750-51,  chap.  21;  1750-51, 
chap.  22;  1753-51,  chap.  14;  1756-57, 
chap.  28;  1758-59,  chap.  6;  1758-59, 
chap.  33;  1758-59,  chap  Ki;  1759-60, 
chap.  15;  1760-61,  chap.  35] 

Chapter  42.  An  act  for  erecting  the  new  plantation 
called  Falltowii,  in  the  county  of 
Hampshire,  into  a  town  by  the  name 
of  Bernardston 

Chapter  43.  An  act  for  erecting  the  new  plantation 
called  Number  Three,  in  the  county 
of  Berkshire,  into  a  town  by  the 
name  of  Satadisficld     .... 

Chapter  44.  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  agreements  of 
the  proprietors  thereof,  and  to  enable 


1762. 

Feb. 

11, 

Feb. 

18, 

Feb. 

23, 

Feb. 

23, 

Feb. 

23, 

Feb. 

23, 

Feb. 

23, 

Mar. 

6, 

Mar. 

6, 

Mar. 

6, 

Mar. 

6, 

Mar. 

G, 

1763. 
May      20, 


July      1, 1765. 


July      1,  1768. 


July      1, 1767. 


1096 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


TITLES. 


Date 

of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


533 


534 


534 


53G 


537 


538 


540 


1761-62.— ThiPvD  Session— Con. 

proprietors  of  new  plantations  to 
levy  province  and  county  taxes  laid 
upon  tliem  [1745-46,  chap.  !'] 

Chapter  45.  An  act  for  iiicorporatins  the  planta- 
tion called  Narraganset[0  Number 
Six,  in  the  county  of  Worcester,  into 
a  town  by  the  name  of  Templetown, 

Chapter  46.  An  act  for  erecting  the  new  plantation 
called  Payquage,  in  the  county  of 
Worcester,  into  a  town  by  the  name 
ofAthol 

Chapter  47.  An  act  for  erecting  the  new  plantation 
called  Number  One,  in  the  county  of 
Berkshire,  into  a  town  by  the  name 
of  Tyringham 

FouKTH  Session. 

Chapter  48.  An  act  for  impowering  Jasper  Mau- 
duit.  Esquire,  and,  in  case  he  is  pre- 
vented by  sickness,  death,  or  any 
other  way,  Richard  Jackson,  jun., 
Esq  ,  to  receive  any  sura  or  sums  of 
money  that  are  or  may  be  due  or 
payable  in  Great  Britain,  to  the  prov- 
ince of  the  Massachusetts  Bay  . 

Chapter  49.  An  act  to  explain,  amend,  and  carry 
into  execution,  an  act  made  in  the 
first  year  of  the  reign  of  his  present 
majesty,  intituled  "An  act  for  rais- 
ing a  sum  of  money,  by  lottery,  for 
repairing  Fauueil  Hall  in  Boston" 
[17(iO-(il,  chap.  20]         ...        . 

Chapter  50.  An  act  for  supplying  the  treasury  with 
the  sum  of  seventeen  thousand  two 
hundred  and  fifty-one  pounds,  by 
borrowing  the  same  [174'J-50,  chap. 
19] 

Chapter  51.  An  act  for  altering  the  times  of  holding 
the  general  sessions  of  the  peace  and 
the  inferio[!Or  court[s]  of  common 
pleas  for  the  counties  of  Cumberland 
and  Lincoln 


571 

571 

572 

57^ 
573 


1762 

Mar. 

6. 

Mar. 

6, 

Mar. 

6, 

Mar. 

6, 

Apr. 

24, 

Apr.      1, 1765. 


Apr.      24, 


Apr.      24, 


1762-63.— FiKST  Session. 

Chapter  1.  An  act  for  granting  the  sum,  of  thir- 
teen hundred  pounds,  for  the  support 
of  his  majesty's  governor    . 

Chapter  2.  An  .act  for  erecting  the  west  precinct  of 
Rutland,  known  by  the  name  of  the 
West  Wing  of  Rutland,  into  a  district 
by  the  name  of  Oakham 

Chapter  3.  An  act  for  incorporating  the  east  side 
of  Saco  River,  in  the  town  of  Bidde- 
ford,  into  a  sep[e][a]rate  district  by 
the  name  of  Pepperrellborough 

Chapter  4.  An  act  for  incorporating  the  new  plan- 
tation called  New  Hingliam,  into  a 
town  by  the  name  of  Chesterfield     . 

Chapter  5.  An  act  for  rend[e]ring  more  effectual 
the  laws  already  made  relating  to 
shingles,  and  for  regulating  the  as- 
size of  staves,  hoops  and  clapboards 
[1750-51,  chap.  10]         .        .        .        . 


Apr. 


24, 


May  31, 

June  7, 

.Tune  9, 

June  11, 

June  11, 


Mar.    25,  1766. 


Public  Acts. 


1097 


List  of  the  Public  Acts — Coutinued. 


TITLES. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


1762-63.— First  Session— Coji. 


57G    Chapter   G. 


577 


578 


581 


582 


583 


599 


COO 


Chapter    7. 
Chapter   8. 

Chapter   9. 

Chapter  10. 
Chapter  11. 


Chapter  12. 


Chapter  13, 


Chai^ter  14. 


An  act  for  lengthening  out  the  time  for 
the  payment  of  interest  on  the  treas- 
urer's notes  [17Gl-(32,  chap.  20,  §  G]     . 

An  act  for  setting  up  a  fair  in  the  town 
of  Hardwicke  in  the  county  of 
Worcester 

An  act  for  incorporating  the  planta- 
tion called  New  JSIarblehead,  in  the 
county  of  Cumberland,  into  a  town 
by  the  name  of  Windham  . 

An  act  for  su^iplying  the  treasury  with 
the  sum  of  thirty-five  thousand  and 
seven  hundred  pounds,  to  l^e  thence 
issued  for  discharging  the  public 
debts,  and  drawing  the  same  into 
the  treasury  again  [174*,>-50,  chap.  1'.)], 

An  act  to  impower  the  province  treas- 
urer to  draw  bills  of  exchange  upon 
the  agent  of  the  province  in  Creat 
Britain 

An  act  to  revive  and  carry  into  execu- 
tion an  act,  made  in  the  thirty-third 
year  of  the  reign  of  his  late  majesty 
George  the  Second,  intit[M]led  "An 
act  for  raising  a  sum  of  money  by 
lottery,  for  drawing  in  such  of  the 
notes'or  bills  of  the  late  Land-Bank 
or  Manufactory  Company,  as  are  yet 
outstanding  "  [1759-00,  chap.  2j] 

An  act  for  aj^portioniug  and  assessing 
the  sum  of  seventy-tive  thousand 
pounds;  also  for  apportioning  and 
assessing  a  tax  of  three  thousand 
two  hundred  and  sixty-four  pounds 
fifteen  shillings,  paid  the  repi'esenta- 
tives  for  their  travel,  service  and 
attendance  in  the  general  court  in 
the  year  one  thousand  seven  hun- 
dred and  sixty-one;  also  for  appor- 
tioning and  assessing  a  tax  of  one 
hundred  and  fifty-one  pounds  thir- 
teen shillings,  for  fines  laid  upon 
towns  that  have  not  sent  any  persons 
to  represent  them  in  the  general 
court  the  present  year;  and  also  for 
assessing  the  town  of  Princetown, 
for  the  sum  of  thirty-one  pounds  one 
shilling  and  sevenpence  being  so 
much  ordered  by  the  general  court 
to  be  added  to  their  tax  the  present 
year,  over  and  above  their  propor- 
tion of  what  is  laid  on  said  town:  all 
which  sums  amount  to  seventy-eight 
thousand  four  hundred  and  forty- 
seven  pounds  nineshillingsandseven- 
pence  [1759-CO,  chap.  8,  §  4;  1761-G2, 
chap.  15,  §  .S;  1761-G2,  chap.  4,  §  3]     . 

An  a(;t  in  addition  to  the  several  acts 
made  to  prevent  damage  by  fire  in 
the  town  of  Boston  [l(i92-93,  chap. 
13;  1711-12,  chap.  5;  1748-49,  chap. 
14;  1759-GO,  chap.  30;  17GO-61,  chaps. 
9  and  32] 


Second  Session. 

An  act  for  incorporating  a  certain  tract 
of  land  in  the  county  of  Lincoln,  into 
a  towushii>  by  the  name  of  Bowdoin- 
ham 


1762. 


June 
Juno 


11, 
12, 


June      12, 

June      12, 
June      12, 


June     12, 


June      12, 


June      15, 


Sept.      18, 


Oct.      31, 17G3. 
July      1, 1769. 


Dec.       1,  1762. 


Mar.     31,  17G3. 


Jan.     30,  1771. 


1098 


Public  Acts. 


List  of  the  Public  Acts — Continued. 


Date 
of  rassage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


601 

602 
604 

605 
606 

608 
615 


616 


617 


618 
619 


1762-63.— Second  Session— Con. 

Chapter  15.  An  act  for  erecting  the  south  part  of 
Brimfield,  iu  the  county  of  Hamp- 
shire, into  a  district  by  the  name  of 
South  Brimtield 

Thikd  Session. 

Chapter  16.  An  act  to  supply  the  treasury  with  the 
sum  of  forty-five  thousand  pounds 
[1749-50,  chap.  19;  1761-62,  chap.  23], 

Chapter  17.  An  act  for  erecting  a  new  plantation 
in  the  county  of  Hampshire,  called 
Roxbury-Canada.  together  with  sun- 
dry farms  lying  tliereiu,  also  a  piece  of 
land  belonging  to  this  province,  lying 
on  the  northerly  side  thereof,  into 
a  town  by  the  name  of  Warwick 

Chapter  18.  An  act  for  the  relief  of  poor  i^risoners 
for  debt  [1759-60,  chap.  12;  1692-93, 
chap.  18,  §  9] 

Chapter  19.  An  act  declaring  and  regulating  the 
standard  of  wheat  imported  into  this 
l^rovince,  and  for  preventing  abuses 
by  millers 

Chapter  20.  An  act  for  granting  unto  his  majesty 
several  rates  and  dudes  of  impost 
and  tunnage  of  shipping     , 

Chapter  21.  An  act  for  the  continuation  of  a  lot- 
tery— granted  and  allowed  by  an 
act,  intituled  "  An  act  in  addition  to 
an  act,  intituled  '  An  act  for  raising 
the  sum  of  twelve  hundred  pounds, 
by  lottery,  for  bitilding  and  main- 
taining a  bridge  over  the  river  Par- 
ker, in  the  town  of  Newbury,  at  a 
place  called  Old-town  Ferry'"— for 
raising  a  further  sum  for  that  jiur- 
pose  [1759-60,  chap.  35]         .        .        , 

Chapter  22.  An  act  [e][/]mpowering  the  assessors 
of  the  town  of  Chilmark,  for  the  time 
being,  to  apportion  the  province, 
county  and  town  taxes,  not  already 
made,  on  the  owners  of  such  stock 
(liable  by  law  to  be  taxed)  that  have 
been  or  shall  be  kept  in  said  town, 
or  on  the  islands  thereto  belonging 
[1762-63,  chap.  12]  .... 

Chapter  23.  An  act  for  reviving  and  continuing 
sundry  laws  that  are  expired,  and 
near  expiring  [1736-37,  chap.  14; 
1737-.38,  chap.  K;  1737-38,  chap.  9; 
1740-41,  chap.  23;  1741-42,  chap.  5; 
1742-43,  chap.  17;  1745-46,  chap.  16; 
1746-47,  chap.  26;  1747-48,  chap.  7; 
1748-49,  chap.  9;  1748-49,  chap.  12; 
1749-50,  chap.  6;  1749-50,  chap.  27; 
1750-51,  chap.  5;  1750-51,  chap.  17; 
1752-5.3,  chap.  13;  1752-53,  chap.  18; 
1752-53,  chap.  20;  1753-54,  chap.  9; 
175.3-54,  chap.  2<);  1753-54,  chap.  44; 
1760-61,   chap.  13] 

Chapter  24.  An  act  for  the  more  safe  keeping  the 
records  of  the  several  courts  of  jus- 
tice in  this  province     .... 

Chapter  25.  An  act  confirming  to  sundry  persons 
sundry  lands  by  them  purchased  of 
the  Indians,  at  Christiautown,  so 
called,  on  the  island  of  Martha's 
Vineyard  [1701-2,  chap.  11,  §  1]  . 


1762. 

Sept.      18, 

1763. 
Jan.       21, 

Feb.      17, 
Feb.      17, 

Feb.      17, 
Feb.      17, 


Apr.      2, 1770. 

July     15, 1769, 
Mar.     25, 1764. 


Feb.      24, 


Feb.      24, 


Feb.       24, 
Feb.       24, 

Feb.      24, 


July      1,  1770. 


Public  Acts. 


1099 


List  of  the  Public  Acts — Continued. 


Date 
of  Passage. 


Disallowed 
by  rrivy 
Council. 


Expired  or  had  its 
effect. 


620 


620 


622 


622 
623 


1762-63.— TuiKD  Sessiok— Con. 

Chapter  2G.  An  act  to  exempt  the  peojile  called 
Quakers  from  the  penalty  of  the  law 
for  non-attendance  on  military  mus- 
ters [1757-58,  chap.  20] 

Chapter  27.  An  act  in  addition  to  the  act  made  and 
passed  in  the  eighth  year  of  the  reign 
of  her  late  majesty  Queen  Anne,  in- 
tit[«]led  "  An  act  for  regulating  of 
drains  or  common  shores"  [170iJ-10, 
chap.  5,  §  3] 

Chapter  28.  An  act  in  further  addition  to  an  act 
for  the  orderly  consummating  of 
marriages,  made  and  passed  in  the 
fourth  year  of  the  reign  of  their  late 
maiest[y][je]s  King  William  and 
Queen  Mary  [1692-93,  chap.  25]  . 

Chapter  20.  An  act  in  addition  to  an  act  intituled 
"  An  act  against  adultery  and  polyg- 
amy "  [1(591-93,  chap.  5,  §  1] 

Chapter  30.  An  act  to  supply  the  treasiu\y  with  the 
sum  of  thirty-eight  thousand  six 
hundred  and  lifty  pounds  [1749-50, 
chap.  19;  1761-62,  chap.  23] 


639 
639 

639 
611 
642 


642 


G43 


1763-64.— First  Session. 

Chapter  1.  An  act  for  granting  the  sum  of  thir- 
teen hundred  pounds,  for  the  support 
of  his  uiajest[ie][//']s  governor  . 

Chapter  2.  An  act  to  irapower  David  Sewall,  of 
York,  gentleman,  to  collect  the  ex- 
cise due  in  the  county  of  York,  on 
spirituous  liquors,  in  the  year  17<)2    . 

Chapter  3.  An  act  for  incorporating  the  Indians 
and  molattoes,  inhabitants  of  Mash- 
pee,  with  tlieir  lands  there,  into  a 
district,  with  certain  priviledges; 
and  for  their  better  regulation  [1693- 
94,  chap.  17,  §  1] 

Chapter  4.  An  act  to  enable  the  court  of  general 
sessions  of  the  peace,  for  the  county 
of  Barnstable,  to  grant  licences  to 
innholders  and  retailers  in  that 
county,  on  the  last  Tuesday  of  June, 
annually  [1698,  chap.  10,  §  11]     . 

Chapter  5.  An  act  for  altering  a  clause  in  an  act 
made  in  the  thirtieth  year  of  his  late 
majesty  King  George  the  Second,  in- 
tit[M]led  "  An  act  to  prevent  damages 
being  done  unto  Billingsgate  Baj-  in 
the  town  of  Eastham,  by  cattle  and 
horses  feeding  on  the  beach  and 
islands  adjoining  thereto"  [1756-57, 
chap.  31] 

Chapter  6.  An  act  to  enable  justices  out  of  court 
to  grant  licence,  in  certain  cases,  to 
retail  strong  liquors  autl  to  keep 
houses  of  publick  entertainment; 
and  thereby  to  prevent  unnecessary 
petitions  to  the  general  court  [1755- 
5;;,  chap.  39] 

Chapter  7.  An  act  for  the  better  regulating  of  the 
service  of  executions,  more  especially 
in  the  remote  counties  of  the  prov- 
ince          


1763. 

Feb.       24, 

Feb.       24, 

Feb.       24, 
Feb.       24, 

Feb.       25, 


July      1, 1770. 


Apr. 


1770. 


May       30, 


June      16, 


June      14, 


June      14, 


June    15,  1766. 


June      14, 


June      14, 


June      15, 


July     1,  1767. 


1100 


Public  Acts. 


List  of  the  Public  Acts — Continued. 


C43 


644 


645 


661 


661 


662 


1763-64.— FiKST  Session— Con. 

Chapter  8.  An  act  for  continuing  certain  clauses 
in  an  act  passed  in  the  thirtieth  year 
of  his  late  majesty's  reign,  intituled 
"An  act  for  providing  and  maintain- 
ing two  armed  vessels  to  guard  the 
coast,  and  for  supplying  the  treasury 
with  seven  thousand  pounds  for  that 
end"  [1756-57,  chap.  12]      . 

Chapter  9.  An  act  for  incorporating  the  fourth  par- 
ish of  Springfield,  in  the  county  of 
Hampshire,  into  a  separate  town  by 
the  name  of  Wilbraham 

Chapter  10.  An  act  for  apportioning  and  assessing 
a  tax  of  fifty  thousand  pounds;  also 
for  apportioning  and  assessing  a  tax 
of  eighteen  hundred  and  twenty- 
eight  pounds  two  shillings,  paid  the 
representatives  for  then-  travel,  ser- 
vice and  attendance  in  the  general 
court,  in  the  year  one  thousand  seven 
hundred  and  sixty-two;  also  fur  ap- 
portioning and  assessing  a  tax  of 
seventy-two  pounds,  for  lines  laid 
upon  towns  that  have  not  sent  any 
persons  to  represent  them  in  the  gen- 
eral court  the  present  year;  also  for 
assessing  sundry  towns  for  the  sum 
of  ninety-eight  pounds  four  shillings 
and  sixpence,  being  so  much  ordered 
by  the  general  coiirt  to  be  added  to 
their  tax  the  present  year,  over  and 
above  their  i^roportion  of  what  is  laid 
on  said  towns  ;  also  for  assessing 
sundry  towns  in  the  county  of  Hamp- 
shire the  sum  of  seventy-three  pounds 
fifteen  shillings,  taken  off  from  Rox- 
bury-Canada,  which  sum  was  laid  on 
them  in  the  tax  acts  for  the  two  last 
years:  all  which  sums  amount  to 
fifty-two  thousand  and  seventy-two 
pounds  one  shilling  and  sixpence 
[1759-00,  chap.  17,  §  2;  1759-60,  chap. 
40,  §  2;  17G0-(n,  chap.  8,  §  4;  1762-03, 
chap.  9,  §  4]   . 

Chapter  11.  An  act  in  addition  to  the  acts  already 
made  for  the  more  speedy  extin- 
guishment of  fire,  anil  preserving 
goods  endangered  by  it  [1744-45, 
chap.  30,  §§  1,  2;  1752-53,  chap.  2]      . 

Chapter  12.  An  act  for  recording  such  papers, 
proper  to  be  recorded,  that  have  been 
exhibited  to,  and  received  by,  the 
superior  court  of  judicature,  court  of 
assize  and  general  goal  delivery,  or 
by  the  several  judges  of  probate  of 
wills,  and  granting  letters  of  admin- 
istration[.s],  or  by  the  respective 
courts  of  general  sessions  of  the 
peace,  and  inferior  courts  of  common 
pleas;  and  for  recording  all  judg- 
ments or  decrees  of  said  court  or 
courts,  where  the  clerk  or  clerks, 
register  or  registers,  of  said  court  or 
courts,  are  deceased,  leaving  the 
same  not  recorded        .... 

Chapter  13.  An  act  to  [e][/]mpower  the  province 
treasurer  to  draw  bills  of  exchange 
upon  the  agent  of  the  province  in 
Great  Britain 


Date 
of  Passage. 


1763. 


Disallowed 
by  Privy 
Council. 


Kxpired  orliad  ifs 
effect. 


June  15, 


June  15, 


Nov.   1, 1765. 


June  15, 


June  15, 


June   15, 


June   15, 


Mar.  31, 1764. 


Public  Acts. 


1101 


List  of  the  Public  Acts — Continued. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  ils 
effect. 


664 


664 
665 


6G8 
668 

669 

676 
678 


679 


680 


680 


681 


682 


1763-64.— First  Session— Con. 

Chapter  14.  An  act  to  enable  the  proprietors  and 
inhabitants  of  the  town  of  Tyring- 
ham,  in  the  county  of  Berksliire,  to 
raise  and  collect  monies  for  defray- 
ing past  and  future  charges,  upon 
and  from  the  proprietors  of  lands  ly- 
ing in  the  same  town  .        .        .        . 

Chapter  15.  An  act  to  incorporate  the  north  pre- 
cinct in  Eastham  into  a  district  by 
the  name  of  Welllleet 

Chapter  16.  An  act  for  supplying  the  treasury  with 
the  sum  of  thirty-six  thousand  six 
hundred  and  tliirty-five  pounds,  to 
be  thence  issued  for  discharging  the 
public  debts,  and  drawing  the  same 
into  the  treasury  again  [1749-50,  chap. 
19;  1761-62,  chap.  23]    .        .        .        . 


Second  Session. 

Chapter  17.  An  act  to  prevent,  if  possible,  the  fur- 
ther spreading  of  the  small-pox  in  the 
town  of  Boston  [1742-43,  chap.  17]     . 

Chapter  18.  An  act  to  enable  the  collectors  of  taxes 
in  the  town  of  Boston  to  sue  for  and 
recover  the  rates  and  taxes  given 
them  to  collect,  in  certain  cases 

Chapter  19.  An  act  for  granting  unto  his  majesty 
several  rates  and  duties  of  impost 
and  tuunage  of  shipping     . 

Chapter  20.  An  act  for  erecting  jiurt  of  the  town  of 
Newbury  into  a  new  town  Ijy  the 
name  of  Newl)Uryport 

Chapter  21.  An  act  for  holding  the  superior  court 
of  judicature,  court  of  assize  and 
general  goal  delivery,  at  Cambridge, 
in  the  county  of  Middlesex,  on  tlie 
third  Tuesday  of  April,  this  present 
year,  instead  of  Charlestown,  in  the 
said  county,  on  the  last  Tuesday  of 
Janiiary  in  the  same  year  [1742-43, 
chap.  32,  §  2] 

Chairter  22.  An  act  in  further  addition  to  the  acts 
or  laws  of  this  province,  relating  to 
common  fields,  to  extend  only  to  the 
county  of  Hampshire  [1692-93,  chap. 
28,  §  3;  16<)S,  chap.  12,  §  5;  1712-13, 
chap  9;  1753-54,  chap.  1]    . 

Chapter  23.  An  act  for  supply  of  the  treasury 
with  fourteen  thousand  jjounds,  and 
applying  the  same  for  the  discharge 
of  the  public  debts       .... 

Chapter  24.  An  act  to  enal)le  the  proprietors  of  the 
plantation  called  Yokum  Town  and 
Mount  Ephraim,  in  the  county  of 
Berkshire,  to  grant  taxes  on  their 
land,  and  bring  forward  the  settle- 
ment of  said  plantation 

Chapter  25.  An  act  for  reviving  and  continuing 
sundry  laws  that  are  expired  and 
near  exjiiring  [1758-59,  chap.  18; 
1758-59,  chap!  37;  1760-61,  chap.  28; 
1761-62,  chap.  5] 

Chapter  26.  An  act  for  erecting  a  town  in  the 
county  of  Lincoln,  by  the  name  of 
Topsliam 


1763. 


June      15, 
June      16, 


June      16, 


1764. 


Jan.       20, 


Jan. 

28, 

Jan. 

27, 

Jan. 

28, 

Jan.       28, 


Jan. 


Jan. 


31, 
31, 


Jan.       31, 


Jan. 
Jan. 


31, 
31, 


Mar.    20, 1764. 

Feb.       1,  1766. 
Mar.    25,  1765. 


Feb.       1, 1769. 


July      1,  1770. 


1102 


Public  Acts. 


List  of  the  Public  Acts — Continued. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


682 
683 


685 


685 


686 


688 


705 
705 

70G 


1763-64.— Second  Session— Con. 

Chapter  27.  An  act  for  reviving  two  laws  that  are 
expired  [1754-55,  chap.  31;  1757-58, 
chajv  ;!7] 

Chapter  28.  An  act  for  the  preservation  and  in- 
crease of  moose  and  deer  within  tliis 
province  [UV.iS-'Jl,  chap.  19;  1()!;8, 
chap.  21;  1717-18,  chap.  12;  17.39-40, 
chap.  3;  1744-45,  chap.  14;  1751-52, 
chap.  7;  1754-55,  chap.  7]  . 
Chapter  29.  An  act  for  continuing  all  trials  hy  jury, 
civil  and  criminal,  from  the  sujjerior 
court  of  judicature,  court  of  assize 
and  general  goal  delivery,  for  the 
county  of  Suffolk,  to  be  held  the 
third  Tuesday  of  February,  the  jires- 
ent  year,  to  the  superior  court,  &e., 
for  the  said  county,  to  be  held  the 
third  Tuesday  in  August,  next . 

Chapter  30.  An  act  for  setting  off  the  inhabitants, 
as  also  the  estates,  of  the  westerly 
part  of  Lunenburg,  into  a  separate 
town,  by  the  name  of  Fitchburg 

Chapter  31.  An  act  in  addition  to,  and  for  render- 
ing more  effectual,  the  several  acts 
of  this  province  for  regulating  the 
buildings  in  the  town  of  Boston,  and 
preventing  fire  in  the  said  town 
[1092-93,  chap.  13,§  2;  1699-1700,  chap. 
24;  1711-12,  chap.  5;  1748-49,  chap.  14; 
1752-53,  chaps.  2  and  17;  1759-60, 
chap.  30;  1700-61,  chaps.  9  and  32; 
1762-63,  chap.  13] 

Chapter  32.  An  act  for  continuing  and  amending 
an  act  made  in  the  first  year  of  his 
present  majesty,  intitled  "  An  act  for 
allowing  necessary  supplies  to  the 
eastern  Indians,  and  for  regulating 
the  trade  with  them,  and  preventing 
abuses  therein"  [1760-61,  chap.  17]   . 


1764-65.— First  Session. 

Chapter  1.  An  act  for  granting  the  sum  of  thirteen 
hundred  pounds,  for  the  support  of 
his  majesty's  governor 

Chapter  2.  An  act  iii  addition  to,  and  explanation 
of,  the  several  acts  of  this  province, 
providing  for  the  sujijiort  and  main- 
tenance of  the  poor  [1692-93,  chap. 
28;  1742-43,  ehap.  18]    . 

Chapter  3.  An  act  for  apportioning  and  assessing 
a  tax  of  fii'ty  thousand  pounds;  also, 
for  apportioning  and  assessing  a  tax 
of  eighteen  hundred  and  forty-nine 
pounds  two  shillings  and  sixpence, 
paid  the  representatives  for  their 
travel,  service  and  attendance  in  the 
general  court  in  the  year  one  thou- 
sand seven  hundred  and  sixty-three; 
also,  for  assessing  the  towns  of  Sun- 
derland and  Montague  the  sum  of 
twenty-six  pounds  twelve  shillings, 
Iseing  so  much  laid  upon  New  Salem, 
for  their  part  of  the  charge  of  a  rep- 
resentative sent  from  Sunderland, 
after  tliey  were  discharged  from  ]iay- 
ing  any  sum  for  that  i^urpose,  which 


1764. 

Feb.        2, 
Feb.        3, 


Feb.         3, 
Feb.         3, 


Feb.        3, 


Feb.        4, 


June 


June      12, 


Expired  or  had  its 
efEect. 


Feb.       1, 1765. 


May       1, 1765. 


Public  Acts. 


1103 


List  of  the  Public  Acts — Continued. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


719 

721 
721 


723 


724 


726 


728 


730 


1764-65. — First  Session— Coji. 

sura  is  ordered  by  the  general  court 
to  be  added  to  Sunderland  and  Mon- 
tague tax  the  jiresent  year;  also,  to 
assess  tlie  town  of  Lexington  tlie 
sum  of  lifty  pounds  sixteen  shillings 
and  one  penny,  transferred  to  said 
town  from  the  town  of  Lincoln,  being 
so  much  wliich  tlie  town  of  Lincoln 
has  paid,  more  than  their  just  pro- 
portion, and  wliich  should  have  been 
laid  upon  the  town  of  Lexington; 
also,  to  assess  the  town  of  Belcher- 
town  the  stim  uf  six  pounds  two 
shillings  and  ninepence,  being  so 
much  that  the  town  of  Greenwich 
was  taxed,  through  mistake,  more 
than  their  proportion,  and  which 
should  have  l>een  laid  upon  Belcher- 
town;  all  which  taxes  are  to  be  over 
and  above  their  proportion  of  what 
is  laid  upon  said  towns:  all  which 
sttms  amount  to  lifty-one  thousand 
eight  hundred  and  eighty-one  pounds 
seventeen  shillings  and  threepence 
[1700-61, chap.  8,  §4;  1701-62,  chap. 23, 
§  4;  1761-02,  chap.  50,  §  4;  1763-04, 
chap.  16,  §  4] 

Chapter  4.  An  act  to  impower  the  province  treas- 
urer to  draw  bills  of  exchange  upon 
the  agent  of  the  province,  in  Great 
Britain 

Chapter  5.  An  act  for  erecting  the  plantation 
called  Ipswich-Canada,  into  a  town 
by  the  name  of  Winclieiidon 

Chapter  0.  An  act  in  addition  to  the  laws  of  this 
province  relating  to  ways  . 

Chapter  7.  An  act  to  impower  the  proprietors  of 
the  meeting-house  in  the  town  of 
Newbtiryport,  where  the  Reverend 
Mr.  Jonathan  Parsons  officiates,  to 
raise  money  to  defrey  ministerial 
and  other  necessary  charges  [1751-52, 
chap.  I'J;  1735-36,  chap.  5]  . 

Chapter  8.  An  act  for  enabling  the  proprietors  of 
the  lands  in  the  town  of  Barnards- 
tou  to  raise  monies  to  pay  the  debts 
due  from  them  [1761-02,  chai?.  44] 

Chapter  9.  An  act  for  preventing  nuisances  and 
incumbrances  on  Dock  Square,  in 
the  town  of  Boston      .... 

Chapter  10.  An  act  in  addition  to  the  act  intituled 
"  An  act  to  prevent  the  unnecessary 
destruction  of  ale\vives,inthe  townof 
Middleborough "  [1/49-50,  chap.  12]  . 

Chapter  11.  An  act  for  stipplying  tlie  treasury  with 
the  sura  of  one  hundred  aud  thirty- 
eight  thoitsand  pounds,  to  be  thence 
issued  for  discharging  the  publick 
debts,  and  drawing  the  same  into 
the  treasury  again  [1749-50,  chap.  19; 
1761-62,  chap.  23]  .        .        .        . 

Chapter  12.  An  act  in  addition  to  an  act,  intitled 
"An  act  providing  in  case  of  sick- 
ness "  [1701-02,  chap.  9] 

Second  Session. 

Chapter  13.  An  act  for  erecting  the  plantation 
called  Gorharatown  into  a  town  by 
the  name  of  Gorham   .... 


1764. 


June  14, 

Jtme  14, 

June  14, 

June  14, 


June  14, 

June  14, 

June  14, 

June  14, 

June  15, 

June  15, 

Oct.  30, 


Mar.     31, 1768. 


June    14, 1767. 

Aug.      1, 1766. 
Jan.     30, 1771. 


June    15,1767. 


110^ 


Public  Acts. 


List  of  the  Public  Acts — Continued. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


731 


731 


733 
733 
73i 
73G 

737 

738 
739 

740 

741 

743 

743 


1764-65.— Second  Session— C'o?i. 

Chapter  14.  An  act  for  further  continuing  an  act, 
intiiled  "  An  act  for  the  securing  tlie 
growth  and  increase  of  a  certain 
parcel  of  wood  and  tiniher  in  the 
town  hips  of  Ipswich  and  Wenham, 
in  the  county  of  Essex"  [1754-55, 
cha])   21] 

Chapter  15.  [An*]  act  for  erecting  a  town  in  the 
county  of  Lincoln,  by  the  name  of 
Boothbay 


Thikd  Session. 

Chapter  16.  An  act  for  altering  the  time  for  holding 
the  superior  court  of  judicature, 
court  of  assize  and  general  goal  de- 
livery at  Charlestown,  in  the  county 
of  Middlesex,  this  present  year. 

Chapter  17.  An  act  for  determining  the  times  for 
holding  the  superior  courts  of  judi- 
cature, court  of  assize  and  general 
goal  delivery  in  the  several  counties 
within  the  province    .... 

Chapter  18.  An  act  for  incorporating  the  southerly 
part  of  Rutland  and  the  Northerly 
part  of  Leicester,  in  the  county  of 
[of]  Worcester,  into  a  district  by  the 
name  of  Paxton 

Chapter  19.  An  act  in  addition  to  an  act  intitled 
"  .An  act  for  enabling  the  proprietors 
of  the  lands  in  the  town  3f  Beruards- 
ton  to  raise  monies  to  pay  the  debts 
due  from  them"  [17U4-G5,  chap.  8; 
17{jl-(i2,  chap.  16] 

Chapter  20.  An  act  determining  at  what  times  and 
places  the  several  inferior  courts  of 
connnon  pleas  and  courts  of  general 
sessions  of  the  ]U'.ace  shall  be  held, 
Avithin  and  for  the  several  counties 
of  the  province,  for  the  future    . 

Chapter  21.  An  act  for  erecting  a  town  in  the 
county  of  Worcester,  by  the  name  of 
Boyaiston 

Chapter  22.  An  act  for  incorporating  a  new  planta- 
ti(m  in  the  county  of  Worcester, 
called  and  known  by  the  [name*] 
of  Dorchester-Canada,  into  a  town 
by  the  name  of  Ashbui'uham     . 

Chapter  23.  An  act  for  rebuilding  the  great  bridge 
over  the  great  river,  in  the  town  of 
Westfiehl  in  the  county  of  Hamp- 
shire, and  maintaining  the  same 

Chapter  24.  An  act  to  prevent  the  destruction  of 
salmon  and  other  fish  in  Merrimack 
Biver,  within  this  province 

Chapter  25.  An  act  to  prevent  the  destruction  of 
oysters  in  the  several  bays  and  rivers 
hereafter  mentioned,  within  this 
province         

Chapter  2G.  An  act  for  establishing  and  regulating 
the  fees  of  the  several  officers,  within 
this  province,  hereafter  mentioned 
[1759-GO,  chap.  2G]         .        .        .        . 


1764. 

Nov.  2, 
Nov.       a, 

1765. 

Jan.  12, 
Feb.  12, 
Feb.       12, 

Feb.       14, 


Feb. 
Feb. 


19, 
19, 


Feb.       22, 


Feb. 
Feb. 

Feb. 

Mar. 


27, 
28, 

28, 


Jan.     13, 1775. 


Apr.      -,  1765. 


Feb.  28,  1768. 
Mar.  25, 1768. 
Mar.   5,  1768. 


*  Parchment  mutilated. 


Public  Acts. 
List  of  the  Public  Acts — Coutiuued. 


1105 


TITLES. 


of  Passage. 


Disallowed 
by  I'livy 
Council. 


Expired  or  had  its 
effect. 


751 


752 


763 


7G0 


766 


767 
774 


777 


803 

803 


1764-65.— TiHKD  Session— Cou. 

Chapter  27.  An  act  iu  addition  to,  and  in  explana- 
tion of,  two  acts  made  and  i^as-sed  in 
tlie  present  year  of  bis  majesty's 
reign,  the  one,  intitlcd  "An  act  ifor 
determining  the  times  for  holding 
the  superior  court  of  judicature, 
court  of  assize  and  general  goal  de- 
livery in  the  several  counties  within 
this  province;  "  the  other,  intitled 
"  An  act  determining  at  what  times 
and  places  the  several  inferior  courts 
of  common  jileas  and  courts  of  gene- 
ral sessions  of  the  peace  shall  he  held 
within  and  for  the  several  counties 
of  the  province,  for  the  future  "  [1764- 
65,  cliap.  17,§2;  1764-65,  chap.  20,  §  2], 

Cliapter  28.  An  act  to  carry  into  execution  an  ovdcsr 
of  the  general  court,  for  numbering 
the  people  within  this  province 

Chapter  20.  An  act  for  granting  unto  liis  majesty 
an  excise  upon  spirits  distilled,  and 
wine,  and  upon  limes,  lemmons  and 
oranges 

Chapter  30.  An  act  for  allowing  necessary  supplies 
to  the  Eastern  Indians,  and  for  regu- 
lating trade  with  tliein  and  prevent- 
ing abuses  therein  [176:5-64,  chap.  32], 

Chapter  31.  An  act  for  reviving  and  continuing 
sundry  laws  that  a^e  expired  or  near 
expiring  [1736-37,  chap.  4;  1755-56, 
cliai>.  39;  1755-50,  chap.  43;  1759-60, 
cliap.  21;  1759-60,  chap.  32;  1762-63, 
chap.  5] 

Chapter  32.  An  act  in  addition  to  and  in  expla- 
nation of  an  act,  intituled  "  An  act 
for  providing  and  maintaining  two 
armed  vessels  to  guard  tlie  coast, 
and  for  supplying  the  treasury  with 
seven  thousand  pounds  for  that  end  " 
[1756-57,  chap.  12,  §  9] . 

Chapter  33.  An  act  for  granting  unto  his  majesty 
several  rates  aiul  duties  of  impost 
and  tunnage  of  shipping 

Chapter  34.  An  act  for  preventing  the  unnecessary 
destruction  of  alewives,  and  other 
lish,  within  this  province  [1709-10, 
chap.  7;  1727,  chap.  10;  1734-35,  chap. 
8;  1737-38,  chap.  4;  1739-40,  chap.  15; 
1741-42,  chaps.  16  and  20;  1743-44, 
chap.  20;  1745-46,  chap.  20;  1754-55, 
chap.  31;  1757-58,  cliap.  37;  1759-()0, 
chap.  32;  1701-(i2,  chap.  11;  1763-64, 
chap.  27;  1764-65,  chaps.  10  and  24; 
1741-42,  chap.  16,  §  5 ;  172(>-27,  chap.  3], 

Chapter  35.  An  act  for  preventing  fraud  in  debtors, 
and  for  securing  the  effects  of  insol- 
vent debtors  for  the  benefit  of  their 
creditors  [1738-39,  chap.  15] 


1765-66.— FiiLST  Session. 

Chapter  1.  An  act  for  granting  the  sum  of  thir- 
teen hundred  pounds,  for  the  sup- 
port of  his  majesty's  governor   . 

Chapter  2.  An  act  in  addition  to  an  act,  intitled 
"An  act  for  preventing  fraud  in 
debtors,  and  for  securing  the  effects 


1765. 


Mar.  5, 

Mar.  5, 

Mar.  7, 

Mar.  7, 

Mar.  7, 

Mar.  7, 

Mar,  8, 


May  25,  1705. 

Mar.  26, 1706. 

June  25,  1766, 

INIar.  25,  1770. 

Nov.  1,  1765. 

Mar.  25,  1700. 


Mar.        8, 
Mar.        9, 

June       6, 


Mar.    15, 1766. 
Mar.     12, 1768. 


1106 


Public  xIcts.   . 
List  of  the  Public  Acts — Continued. 


TITLES. 


805 
805 


Date 
of  Passage. 


Disallowed, 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


1765-66.— FiKST  Session— Con. 


806 


8oa 

810 
810 


812 
813 


814 


815 


815 


816 


817 


Chapter   3, 
Cliapter   4. 

Chapter   5. 
Chapter   6. 

Chapter   7. 

Chapter   8, 
Chapter   9. 


Chapter  10. 
Chapter  11. 


Chapter  12. 

Chapter  13. 
Chapter  14. 
Chapter  15. 
Chapter  16. 


of  insolvent  debtors  for  the  benefit  of 
their  creditors"   [1704-65,  chap.  35, 


■    An  act  to  establish  and  confirm  the 
records  of  the  proprietors  of  Atliol   . 
An  act  to  impower  the  province  treas- 
urer to  draw  bills  of  exchange  upon 
Jasper  Mauduit,  Esq.,  late  agent  of 
the  province  in  Great  Britain     . 
An  act  for  regulating  the  grammar 
school  in  Ipswich,  in  the  county'  of 
Essex,  and  for  incorporating  certain 
persons  to  manage  and  direct  the 
same  [1755-56,  chap.  26]       .        .        . 
An  act  for  incorporating  the  second 
precinct,  in  the  town  of  Sfoughton, 
in  the  county  of  Suffolk,  as  it  now 
is,  into  a  district   by  the   name  of 

Stoughtonham 

An  act  to  erect  the  plantation  called 
West  Hoosuck,  in  the  county  of 
Berkshire,  into  a  town  by  the  name 

of  Williamstown 

An  act  for  erecting  a  town  in  the 
county  of  Lincoln,  by  the  name  of 

Bristol 

An  act  for  supplying  the  treasury  wiili 
the  sum  of  one  hundred  and  ninety- 
seven  thousand  pounds,  to  be  applied 
for  the  redemption  of  government 
securities  that  will  become  due  in 
June,  one  thousand  seven  hiindred 
and  sixty-six  [1749-50,  chap.  19;  1761- 
62,  chap.  23]  .  .  ... 
An  act  for  supplying  the  treasury'witli 
the  sum  of  sixteen  thousand  and 
eight  hundred  pounds 
An  act  further  to  explain,  amend  and 
carry  into  execution,  an  act  made  in 
the  first  year  of  the  reign  of  his  pres- 
ent majesty,  intitled  "An  act  for 
raising  a  sum  of  money  by  lottery, 
for  repairing  Faneuil  Hall,  in  Bos- 
ton "    [1760-61,    chap.    26;    1761-62, 

chap.  49] 

An  act  to  prevent  damage  being  done 
in  the  woods  in  Plymouth,  Sand- 
wich, Barnstable,  Falmouth  and 
Wareham,  by  hunting  with  hounds 

and  dogs 

An  act  for  erecting  the  new  plantation 
called  Huntstown,  in  the  county  of 
Hampshire,  into  a  town  by  the  name 
ofAshfield  .  .  .  . 
An  act  forerecting  the  plantation  called 
New  Framingham,  in  the  county  of 
Berkshire,  into  a  town  by  the  name 

of  Lanesborough 

An  act  forerecting  the  new  plantatiori 
called  Charleuiont,  in  the  county  of 
Hampshire,  into  a  town  by  the  name 

of  Cliarlemont 

An  act  for  incoriiorating  into  a  town 
the  lands,  in  the  county  of  Berkshire, 
called  Yokun  and  Mount  Ephraim, 
by  the  name  of  Richmont  [1763-64, 
chap. 24]         .        .        .        .        .        ; 


17C5. 


June 
June 


June      21, 


June      21, 


June      21, 


Mar.    12,  1768. 


June 
June 


June 
June 


21, 
21, 


Mar.      1,  1787. 


June      21, 


June 


June 


June 


June 


21, 
21, 
21, 
21, 


June      21, 


Aug.      1,  1768. 


Public  Acts. 


1107 


List  of  the  Public  Acts — Continued. 


Date 
of  Passage. 


Disallowed 
by  Trivy 
Council. 


Expired  or  had  its 
effect. 


817 


818 


1765-66.— FiKST  Session— Con. 


832 


834 


Chapter  17.  An  act  for  erecting  the  new  plantation 
called  Number  Four,  in  the  county 
of    Berkshire,  into    a   town  by  the 

name  of  Becket June     21, 

Chapter  18.  An  act  for  apportioning  antl  assessing 
a  tax  of  fifty  thousand  pounds;  and 
also  for  apportioning  and  assessing 
a  tax  of  two  thousand  four  hundred 
and  twelve  pounds  nineteen  shil- 
lings and  sixpence,  paid  the  repre- 
sentatives for  their  travel,  service 
and  attendance  in  the  general  court, 
In  the  year  one  thousand  seven  hun- 
dred and  sixty-four;  also  for  appor- 
tioning and  assessing  a  tax  of  one 
hundred  and  fifty-eight  pounds 
three  shillings,  for  fines  laid  upon 
towns  that  have  not  sent  any  per- 
sons to  represent  them  in  the  general 
court  the  present  year;  and  also  for 
assessing  the  town  of  Hanover  the 
sum  of  sixteen  pounds,  paid  out  of 
the  province  treasury  to  Sylvanus 
Wing;  and  also  for  assessing  the 
sum  of  ten  pounds  three  shillings 
and  fivepence  on  the  town  of  Spring- 
field; and  the  sum  of  two  pounds 
one  shilling  and  eightpeuce  on  Wil- 
braham;  and  the  sum  of  twelve 
pounds  five  shillings  and  one  penny 
on  Northampton;  and  the  sum  of 
twelve  pounds  and  elevenpence  on 
Westfield;  and  the  sum  of  twelve 
pounds  five  shillings  and  one  penny 
on  Hatfield;  and  the  sum  of  eight 
pounds  three  shillings  and  twopence 
on  Brimfield;  and  the  sum  of  three 
pounds  seventeen  shillings  and  nine- 
pence  on  South  Brimfield;  and  the 
sum  of  twelve  pounds  and  eleven- 
pence on  Deerfield;  aud  the  sum  of 
six  pounds  and  sevenpence  on  Green- 
field; and  the  sum  of  two  pounds 
nineteen  shillings  and  sixpence  on 
Monson,— making  the  sum  of  eighty- 
one  pounds  eighteen  shillings  and 
one  penny,  being  the  tax  remitted  to 
Bernardston  for  two  years  last  past, 
and  the  tax  remitted  to  Huntstown 
for  three  years  last  past,  and  ordered 
to  be  added  to  the  present  year's  tax 
of  the  several  towns  aforesaid,  and 
in  the  manner  aforesaid ;  which  taxes 
are  to  be  over  and  above  their  pro- 
portion of  what  was  laid  on  the  said 
towns:  which  sums  amount  to  fifty- 
two  thousand  six  hundred  and  sixty- 
nine  pounds  and  sevenpence  [1702- 
63,  chap.  16,  §  4;  1762-63,  chap.  30,  §  4; 
1704-()5,  chap.  11,  §  6]  .  .  .  .  June  21, 
Chapter  19.  An  act  for  the  preservation  and  in- 
crease of  moose  and  deer  on  Tarpolin-  \ 
Cove  Island  and  Nennemesset  Isl- j 
and,  lying  and  being  in  the  county  | 

of  Dukcs'County Jtme     25, 

Chapter  20.  An  act  for  the  preservation  of  the 
beach  and  harbour  in  the  town  of 
Plymouth June      25, 


1765. 


Mar.    30,  1766. 

July    20,1770. 
July    10, 1768, 


1108 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


834 


835 


Date 

of  Passage. 


837 


837 


838 


1765-66.— First  Session— Con. 

Chapter  21.  An  act  for  raising  by  lottery  the  sum 
of  three  thousand  two  hundred 
pounds,  for  building  another  hall  for 
the  students  of  Harvard  College  to 
dwell  in 

Chapter  22.  An  act  to  enable  the  proprietors  of  the 
town  of  Windham,  in  the  county  of 
Cumberland,  to  exchange  the  minis- 
terial home-lot,  so  called,  for  other 
lands  in  the  said  town 


Second  Session. 

Chapter  23.  An  act  for  incorporating  a  new  plan- 
tation in  the  county  of  Hampshire, 
called  and  known  by  the  [name  of*\ 
Murrayfleld,  into  a  town  by  the 
name  of  Murrayfleld  .        .        .        . 

Chapter  24.  [^*]n  act  for  rev'iviug  and  continuing 
an  act  made  in  the  fourth  year  of  his 
present  majesty  King  George  the 
Third,  intitled  "An  act  to  prevent 
the  unnecessary  destruction  of  ale- 
wives  in  the  town  of  Middleborough  " 
[1764-65,  chap.  10]         .        .        .        . 

Chapter  25.  An  act  for  erecting  the  second  parish 
of  Falmouth,  in  the  county  of  Cum- 
berland, into  a  district  by"  the  name 
of  Cape  Elisabeth        .... 


1765. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


June     25, 


June     25, 


840 


Oct.       31, 


Oct.       31, 


Nov. 


840 

850 
857 

857 


1766. 


Jan.       24, 


Thied  Session. 

839  Chapter  26.  An  act  for  erecting  the  north  precinct 
in  the  town  of  Westborough,  in  the 
county  of  [Worcester*],  into  a  sep[e]- 
[a]rate  district  by  the  name  of  North- 
borough         

Chapter  27.  An  act  for  altering  the  time  appointed 
for  holding  the  court  of  general  ses- 
sions of  the  peace  and  inferior  court 
of  common  pleas,  which,  by  law,  are 
now  established  to  be  held  at  Charles- 
town,  in  the  county  of  Middlesex,  on 
the  first  Tuesday  of  March  [1764-65, 
chap.  20] Feb.       15 

Chapter  28.     [An  a*]ct  for  granting  unto  his  majesty  '  ' 

an  excise  ujwn  spirits  distilledj  and 
wine,  and  upon  limes,  [lemmoris*] 
and  oranges Feb.       21 

Chapter  29.     [^«ac</07-*]  granting  unto  his  majesty  '  ' 

several  rates  and  duties  of  imjiost  and 
tunnage  of  shipping     ....    Feb.       21 

Chapter  30.     [An*]  act  for  amending  of  an  act  made  '  ' 

in  the  fifth  year  of  his  present  majes- 
ty's reign,  intituled  "  An  act  to  [pre- 
vent the  destruction  o*]f  salmon  and 
other  fish,  in  Merrimack  River,  with- 
in this  province"  [1761-65,  chap.  24, 
§  3]  ••.....    Feb.       21 

Chapter  31.    An  act  for  dividing  the  district  of  Soutli  *  ' 

Brinifield,  in  the  county  of  Hami> 
shire,  into  two  separate  parishes       .    Feb.      21, 


Oct.      26,  1767. 


Mar.     26,  1767. 
Mar.    25,  1767. 

Feb.     28, 1767. 


*  Parchment  mutilated. 


Public  Acts. 


1109 


List  of  the  Public  Acts — Continued. 


TITLES. 


Date 
of  Passage. 


Disallowed 
by  rrivy 
Council. 


Expired  or  had  its 
effect. 


858 


859 


1765-66.— Third  Session— Com. 

Chapter  32.  An  act  for  further  limiting  the  opera- 
tion of  an  act  made  in  The  second 
year  of  his  present  [mq;cst*]y's  reign, 
intit[u]led  "An  act  for  granting 
several  bounties  upon  wheat  and 
flour"  [17(Jl-ti2,  chap.  39]    . 

Chapter  33.  An  act  for  reviving  and  continuing 
sundry  laws  that  are  expired,  and 
near  expiring  [1755-56,  chap.  9;  1761- 
62,  chap.  14;  1763-64,  chap.  18;  1763- 
64,  chap.  22;  1764-65,  chap.  34]   . 


879 
879 

880 


882 
883 


883 


1766-67.— First  Session. 

Chapter  1.  An  act  for  granting  the  sum  of  thirteen 
hundred  pounds  for  the  support  of 
his  majesty's  governor 

Chapter  2.  An  act  in  addition  to  an  act,  intitled 
"  An  act  for  erecting  a  town  in  the 
county  of  Lincoln  by  the  name  of 
Bristol  "  [1765-66,  chap.  8]  . 

Chapter  3.  An  act  for  supplying  the  treasury 
with  the  sum  of  one  hundred  and 
fifty-seven  thousand  pounds,  to  be 
applied  for  the  redemption  of  govern- 
ment securities  tliat  will  become  due 
in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  sixty-seven  [1749- 
50,  chap.  19;  1761-62,  chap.  23]   . 

Chapter  4.  An  act  for  supplying  the  treasury 
with  the  sum  of  eighteen  thousand 
pounds  

Chapter  5.  An  act  for  repealing  two  acts,  one, 
intiT[u]led  "  An  act  for  preventing 
framl  in  debtors,  and  for  securing 
the  effects  of  insolvent  debtors  for 
the  benefit  of  their  creditors,"  the 
other  act,  intit[ulled  "An  act  in 
addition  to  'An  act  for  preventing 
fraud  in  debtors,  and  for  securing 
the  effects  of  insolvent  debtors  for 
the  benefit  of  their  creditors,'  "  both 
made  in  the  fifth  year  of  his  present 
majestyls  reign  [1764-(i5,  chai).  35; 
1765-66,  chap.  2] 

Chapter  6.  An  act  for  apportioning  and  assessing 
a  tax  of  forty  thousand  pounds;  and 
also  for  apportioning  and  assessing  a 
tax  of  two  thousand  five  hundred 
and  fifty-three  pounds  two  shillings 
and  sixpence,  paid  the  representa- 
tives for  their  travel,  service  and 
attendance  in  tlie  general  court  in 
the  year  one  thousand  seven  hundred 
and  sixty -five;  also  for  apportioning 
and  assessing  a  tax  of  ninety-eight 
pounds  seven  shillings,  laid  upon 
towns  that  have  not  sent  any  person 
to  represent  them  in  the  general 
court  the  present  year;  [a*]nd  also, 
for  assessing  the  town  of  Swanzey 
the  sum  of  fifty  pounds,  being  part 
of  the  sum  of  three  hundred  pounds 
lent  said  town  in  the  year  one  thou- 
sand seven  hundred  and  sixty-four; 


1766. 

Feb.       21, 
Feb.       21, 

June      12, 
June      19, 


June      27, 
June      27, 


June     27, 


1767. 
July      24, 


July      1, 1767. 


July      1,  1770. 


*  Parchment  mutilated. 


1110 


Public  Acts. 


List  of  the  Public  Acts — Continued. 


TITLES. 


899 


900 


902 


903 


905 


1766-67. — FiKST  SESSiOiSr — Con. 

and  also,  [for  as*]sessing  the  town  of 
Deerfield  the  sum  of  twenty-tive 
pounds  seventeen  shillings  and  one 
penny,  paid  out  of  the  public  treas- 
ury to  John  Worthington,  EsqW., 
and  others,  a  conaniittee  to  enable 
[them  to*]  run  the  line  between  Deer- 
field  ami  Hunt's  Town;  and  also, 
for  assessing  the  sum  of  ten  pounds 
two  shillings  and  sixpence  on  the 
district  of  New  Salem,  being  so  much 
paid  the  selectmen  [of  <S'M?i*](lerland 
in  full  of  any  disputes  between  the 
town  of  Sunderland  and  district  of 
New  Salem,  relative  to  representa- 
tives' pay;  and  also,  for  assessing  the 
sum  of  thirty-six  pounds  [n;*]neteen 
shillings  and  tenpence  halfpenny  on 
the  town  of  Falmouth,  and  the  sum 
of  six  pounds  nine  shillings  and  four- 
pence  on  tlie  town  of  North  Yar- 
mouth, and  the  sum  of  five  pounds 
fifteen  shillings  and  twopence  on  the 
town  of  Brunswick,  making  in  the 
whole  the  sum  of  forty-nine  pounds 
four  shillings  and  fourpence  half- 
penny, being  a  tax  remitted  Gorham- 
town,  for  the  year  one  thousand 
seven  hundred  and  sixty-four,  and 
ordered  to  be  added  to  the  present 
year's  tax  of  the  several  towns  afore- 
said, and  in  manner  aforesaid;  wliich 
taxes  are  to  be  over  and  above  their 
proportion  of  wliat  was  laid  on  said 
towns:  whicli  sums  amount  to  forty- 
two  thousand  seven  hundred  eighty- 
six  pounds  thirteen  [.s7i*]illings  and 
fivepence  halfpenny  [17(i5-GG,  cliap. 
9,  §4] 

Chapter  7.  An  act  for  reviving  and  contmuing  an 
act  made  in  the  fourth  year  of  his 
present  majesty,  intitled  "An  act 
for  allowing  necessary  sujiplics  to 
the  eastern  Indians,  and  for  regulat- 
ing the  trade  with  tliem,  and  prevent- 
ing abuses  therein"  [1763-64,  chap. 
32] 

Chapter  8.  An  act  to  prevent  frauds  by  the  adul- 
teration of  potash  and  pear  lash  [1754- 
55,  chap.  20] 


Date 
of  Passage. 


Chapter   9. 


Chapter  10. 


Chapter  11. 


Second  Session. 

An  act  to  erect  the  south  part  of  the 
first  precinct  in  the  town  of  Mendou, 
in  the  county  of  Worcester,  into  a 
separate  precinct 

An  act  for  granting  compensation  to 
the  sufferers,  and  of  free  and  general 
pardon,  indemnity  and  oblivion  to 
the  offenders  in  the  late  times  . 

Third  Session. 

An  act  for  incorporating  the  easterly 
jiSLTt  of  the  town  of  Richmont,  in  the 
county  of  Berkshire,  into  a  district 
by  the  name  of  Lenox  [1765-C6,  chai5. 
10] 


1766. 


June     27, 


June      28, 


June     28, 


Nov. 


Dec. 


6, 


1767. 


Feb.      26, 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


1767. 
May       13, 


Mar.     30, 1767. 


June  30,  ]7(i7. 
July    20.  1767. 


*  Parchment  mutilated. 


Public  Acts. 


nil 


List  of  the  Public  Acts — Continued. 


TITLES. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


906 


907 


907 


908 


909 


911 


913 
919 


920 


920 


922 


1766-67.— Thikd  Session— Con. 

Chapter  12.  An  act  for  setting  off  Edward  Stearns 
of  Billerica,  with  his  lands  there, 
from  the  said  town,  and  annexing 
the  same  to  the  town  of  Bedford 
[1729-30,  chap.  1] 

Chapter  13.  An  act  in  addition  to  two  several  acts 
to  prevent  the  destruction  of  salmon 
and  other  fish  in  Merrimack  River, 
within  this  province  [1764-65,  chap. 
24,  §  3;  1765-66,  chap.  30,  §  1]      . 

Chapter  14.  An  act  for  discontinuing  two  of  the 
courts,  and  for  altering  the  time  of 
holding  one  of  the  courts,  of  general 
sessions  of  the  peace  and  inferior 
courts  of  common  pleas  within  and 
for  the  county  of  Berkshire  [1760-61, 
chap.  33] 

Chapter  15.  An  act  for  erecting  the  westerly  iiart 
of  the  town  of  Townsend,  in  the 
county  of  Middlesex,  the  northerly 
part  of  the  town  of  Fitchburgh,  and 
the  north-easterly  part  of  the  town 
of  Ashburnham,  in  the  county  of 
Worcester,  into  a  town  by  the  name 
of  Ashby ,  to  be  annexed  to  the  county 
of  Middlesex 

Chapter  16.  An  act  to  prevent  damage  being  done 
on  the  meadows  and  beaclies  lyingin, 
and  adjoining  on,  the  south  side  of 
the  towns  of  Tisbnry  and  Chilmark, 
in  the  county  of  Dukes  County,  be- 
tween the  land  of  Matthew  Mayhew, 
Esq[''J.,  on  the  west,  and  the  creek  of 
water  that  divides  the  laud  of  Thomas 
Walron  from  the  beach,  on  the  east . 

Chapter  17.  An  act  in  addition  to  the  several  laws 
already  made  relating  to  the  removal 
of  poor  persons  out  of  the  towns 
whereof  they  are  not  inhabitants 
[1692-93,  chap.  28,  ^  10;  1700-01,  chap. 
23;  1722-23,  chap.  5]      .         .        .         . 

Chapter  18.  An  act  for  granting  unto  his  majesty 
several  rates  and  duties  of  impost 
and  tunnage  of  shipping     . 

Chapter  19.  An  act  in  further  addition  to  the  sev- 
eral laws  now  in  being  for  the  more 
speedy  tlnishing  the  Laud  Bank  or 
Manufactory  Scheme  [1743-44,  chaps. 
17  and  28;  1744-45,  chap.  12;  1748-49, 
chap.  16;  1750-51,  chap.  23;  1754-55, 
chap  24;  1757-58,  chap.  28;  1758-59, 
chap.  20;  1759-60,  chap.  25;  1762-63, 
chap.  21] 

Chapter  20.  An  act  for  reviving  and  continuing 
sundry  laws  that  are  expired,  or 
near  expiring  [1736-37,  chap.  4;  1741- 
42,  chap.  4;  1752-53,  chap.  12;  1755- 
56,  chap.  43;  1758-59,  chap.  17;  1759- 
60,  chap.  29;  1759-60,  chap.  15;  1763- 
64,  chap.  3] 

Chapter  21.  An  act  for  laying  out  and  establishing 
a  new  street  in  the  town  of  Boston, 
loading  from  Milk  Street  to  Battery- 
march  Street  [1760-61,  chap.  9;  1759- 
60,  chap.  30] 

Chapter  22.  An  act  for  [the]  effectual  preventing 
the  currency  of  the  bills  of  credit  of 
Conuecticut,    New  Hampshire    and 


1767. 


Feb.       26, 


Feb.      26, 


Feb.       27, 


Mar.  20,  1768. 


Mar.        6, 


Mar.        9, 


Mar.  4  19, 
INIar.      20, 


Mar.   30,1770. 

Mar.   19,  1770. 
Mar.  25,  1768. 


Mar.      20, 


Mar.      20, 


Mar.      20, 


July     1, 1770. 


1112 


Public  Acts. 


List  of  the  Public  Acts — Continued. 


953 

953 

954 

955 

95G 
957 

958 


959 


1766-67.— Thikd  Session— Con. 

Khode  Island,  within  this  province 
[17G1-62,  chap.  27]         .        .        .        . 


1767-68.— FiEST  Session. 

Chapter  1.  An  act  for  granting  tlie  sum  *  thirteen 
hundred  pounds,  for  the  support  of 
his  majesty's  governor 

Chapter  2.  An  act  for  incorporating  the  north-east; 
quarter  of  the  townsliip  of  Rutland, 
in  the  county  of  "Worcester,  into  a 
district  by  the  name  of  Hubbardston, 

Chapter  3.  An  act  for  erecting  the  new  plantation 
called  Lebanon,  lying  at  the  head  of 
the  town  of  Berwick,  adjoining  on 
-  the  eastern  side  of  Salmon  Falls 
River,  in  the  county  of  York,  into  a 
town  by  the  name  of  Lebanon  . 

Chapter  4.  An  act  for  incorporating  the  south- 
westerly part  of  Deerfiehl,  in  the 
county  of  Hampshire,  into  a  district 
by  the  name  of  C<mway 

Chapter  5.  An  act  for  supplying  the  treasury  with 
the  sum  of  eighteen  thousand  three 
hundred  pounds 

Chapter  6.  An  act  for  confirming  the  votes  and 
orders  of  the  proprietors  of  the  town 
of  Royalston,  since  the  fourth  day  of 
June,  in  the  year  one  thousand  seven 
hundred  and  sixty-four 

Chapter  7.  An  act  for  supplying  the  treasury  with 
the  sum  of  one  hundred  and  twenty- 
five  thousand  eight  hundred  and  fifty 
pounds,  to  be  applied  for  the  re- 
demption of  government  seciirities 
that  will  become  due  in  the  year  of 
our  Lord  one  thousand  seven  Imn- 
dred  and  sixty-eight  [1749-50,  chap. 
19;  1761-02,  chap.  23]    .        .        .         . 

Chapter  8.  An  act  for  apportioning  and  assessing 
a  tax  of  foity  thousand  pounds;  and 
also,  for  apportioning  and  assessing 
a  tax  of  three  thousand  and  twenty- 
six  pounds  and  five  shillings,  paid 
the  representatives  for  their  travel, 
service  and  attendance  in  the  general 
court  in  the  year  one  thousand  seven 
hundred  and  sixty-six;  and  also,  for 
assessing  the  town  of  Swanzey  the 
sum  of  fifty  pounds,  being  part  of 
the  sum  of  three  hundred  pounds 
lent  said  town  in  the  year  one  thou- 
sand seven  hundred  and  sixty-four; 
and  also,  for  assessing  the  town  of 
Newbury  the  sum  of  seventy-three 
pounds  ten  shillings  and  tenpeuce, 
and  the  town  of  iSTewburyport  the 
sum  of  fifty-eight  pounds  fifteen  shil- 
lings and  tenpence,  being  taxes  aris- 
ing by  means  of  a  defective  consta- 
ble, in  the  year  one  thousand  seven 
hundred  and  sixty-one ;  and  also  for 
assessing  the  town  of  Chelsea  the 
sum  of  seventy-one  pounds  nineteen 
shillings  and  one  penny,  arising  by 
means  of  a  defective  constable,  in 
the  year  one  thousand  seven  hun- 


Date 
of  Passage. 


1767. 

Mar.  20, 

June  4, 

June  13, 

June  17, 

June  17, 

June  19, 

June  20, 


June   20, 


Disallowed 
by  Privy 
Council. 


Expired  or  liad  its 
effect. 


Mar.   31,  1770. 


*  Sic:  "of" omitted. 


Public  Acts. 


1113 


List  of  the  Public  Acts — Continued. 


Date 
of  Passage. 


Disallowed 
by  I'rivy 
Council. 


Expired  or  had  its 
effect 


1)73 


975 
976 


1767-68. — First  Session — Con. 

drert  and  forty-nine;  and  also,  for 
assessing  the  town  of  Middleborough 
the  sum  of  sixty-eiglit  pounds  four 
shillings  and  eightpence,  arising  by 
means  of  a  defective  constable,  in 
the  year  one  thousand  seven  hun- 
dred and  sixty-two;  and  also,  for  as- 
sessing the  district  of  South  Hadley 
the  sum  of  thirteen  pounds  seven 
shillings  and  fivepence,  paid  out  of 
the  publick  treasury  to  a  committee 
sent  there  by  the  general  court;  and 
also,  for  assessing  the  district  of 
South  Brimfield  the  sum  of  four 
pounds  four  shillings,  paid  out  of  the 
publick  treasury  to  a  comuiittee  sent 
there  by  the  general  court;  as  also, 
for  assessing  Great  Barrington  the 
sum  of  three  pounds  and  threepence, 
I)aid  Joseph  Hawley,  Esq., sent  there 
by  order  of  the  general  court;  and 
also,  for  assessing  the  several  towns 
in  tlie  county  of  Hampshire  the  sum 
of  eleven  pounds  ten  shillings,  paid 
out  of  the  publick  treasury  to  a  com- 
mittee sent  to  the  town  of  Wcstfield ; 
and  also,  for  assessing  sundry  towns 
in  the  county  of  Worcester  the  sum  of 
one  hundred  and  sixty-seven  pounds 
three  shillings  and  fourpence,  abated 
upon  the  town  of  Winchendon;  and 
also,  for  assessing  upon  several  towns 
and  districts  tlie  sum  of  thirty-six 
pounds  nine  shillings  and  eleven- 
pence, paid  out  of  the  publick  treas- 
ury for  the  supiiort  of  French  Neu- 
trals; all  which  sums  amount  to 
forty-three  thousand  tive  hundred 
"  and  eighty-five  pounds  and  four- 
pence  [1760-67,  chap.  3,  §  4] 
Chapter  9.  An  act  for  reviving  and  continuing 
sundry  laws  that  are  expired,  and 
near  expiring  [1739-40,  chap.  8;  1740- 
41,  chap.  15;  1742-43,  chap.  4;  1742- 
43,  chap.  11;  1742-43,  chap.  25;  1742- 

43,  chap.  28;  1743-44,  chap.    6;  1743- 

44,  chap.  14;  1744-45,  chap.  27;  1746- 
47,  chap.  27;  1750-51,  chap.  21;  1750- 
51,  chap.  22;  1753-54,  chap.  14;  1754- 
55,  chap.  21;  1755-56,  chap.  9;  1756- 
57,  chap.  28;  1757-58,  chap.  5;  1758-59, 
chap.  6;  1758-59,  chap.  16;  1758-59, 
chap.  33;  1759-60,  chap.  38;  1760-61, 
chap.  35;  1764-65,  chap.  7;  1764-65, 
chap.  10] 

Chapter  10.  An  act  to  prevent  frauds  by  the  adul- 
teration of  potash  and  pearlash  [1766- 
67,  chap.  8] 

Chajiter  11.  An  act  to  revive  and  continue  an  act 
made  in  the  fifth  year  of  his  present 
majesty's  reign,  intitled  "An  act  fur 
allowing  necessary  supplys  to  the 
Eastern  Indians,  and  for  regulating 
trade  with  them,  and  preventing 
abuses  therein,"  which  is  near  ex- 
piring [1764-65,  chap.  30]     . 


1767. 


June     23, 


June      24, 
June     25, 

June      25, 


Mar.    30,  1768. 


July   20,  1772. 
July   20,  17(;8. 


June  30,  1768. 


1114 


Public  Acts. 


List  of  the  Public  Acts — Continued. 


977 
983 

984 

985 
988 

988 
990 


TITLES. 


991 
991 

992 

992 
993 


1767-68.— Second  Session. 

Chapter  12.  An  act  for  granting  unto  his  majesty 
several  rates  and  duties  of  imijost 
and  tunnage  of  shipping  . 
Chapter  13,  An  act  to  prevent  damage  being  done 
on  Bound-Broolv  Island  and  Griffith's 
Islands,  within  the  district  of  Wel[^]- 
fleet,  by  cattle,  horse-kind  and  sheep, 
Chapter  14.  An  act  to  enable  the  proprietors  and 
purchasers  [and]  in  the  town  of  Dart- 
mouth, in  the  county  of  Bristol,  to 
raise  monies  and  levy  taxes,  and  to 
sue  and  defend  in  certain  cases  [1726- 
27,  chap.  15]  ...... 

Chapter  15.  An  act  for  enquiring  into  the  rateable 
estates  of  this  province  [17(50-61, 
chaps.  24  and  30] 

Chapter  16.  An  act  in  further  addition  to  the 
several  acts  for  the  settlement  and 
support  of  schools  and  schoolmasters 
[1718-19,  chap.  2] 

Chapter  17.  An  act  to  prevent  the  destruction  of 
the  salt  meadows,  lying  in  the  towns 
of  Tisbury  and  Chilmark    . 

Chapter  18.  An  act  to  enable  the  proprietors  of 
three  several  townships  granted 
June,  one  thousand  seven  hundred 
[and]  sixty-five;  vizW.,  one  town- 
ship, granted  to  Benjamin  Mullakin, 
EsqW.,  and  others,  in  lieu  of  a  town- 
ship called  Rowley-Canada;  one 
other  township,  granted  to  William 
Raymond  and  others,  in  lieu  of  a 
township  called  Halestown;  and  one 
other  township,  granted  to  Samuel 
Gerrish,  Esqt'J  ,  and  others,  in  lieu 
of  a  township  called  Bakerstown, 
—  to  make  sale  of  so  ranch  of  the 
delinquent  proprietors'  rights,  grant- 
ed to  said  Mullakin,  Raymond,  Ger- 
rish, and  others,  as  is  necessary  to 
defrey  the  charges  of  said  town- 
ships        

Chapter  19.  An  act  for  annexing  that  part  of  the 
town  of  Shrewsbury,  called  the  Leg, 
to  the  town  of  Lancaster    . 

Chapter  20.  An  act  for  continuing  sundry  laws 
that  are  near  expiring  [1704-65,  chap. 
24;  17Gi-65,  chap.  25;  1765-60,  chap. 
30;  1766-67,  chap.  13]    .... 

Chapter  21.  An  act  for  erecting  a  tract  of  land  of 
eight  miles  square  called  Pliillips- 
town,  joining  upon  the  north-west 
end  of  the  town  of  Wells,  in    thje 

^  county  of  York,  into  a  town  by  the 
name  of  Sanford 

Chapter  22.  An  act  for  building  and  maintaining 
a  lighthouse  on  the  east  end  of  the 
Gurnet,  at  the  entrance  of  the  har- 
bour of  Plyiuouth  [1715-10,  chap. 
4] 

Chapter  23.  An  act  to  impower  commissaries  to 
settle  a  line  of  jurisdiction  between 
this  province  and  the  province  of 
New  York 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


1768. 


Feb. 


Feb. 


26, 
26, 


Feb. 

26, 

Feb. 

26, 

Feb. 

26, 

Feb. 

26, 

Mar.    25, 1769. 
June    29,  1773. 


June      1, 1768. 

July   1,  1770. 
Mar.   1,  1771. 


Feb. 
Feb. 


27, 
27, 


Feb,   27, 


Feb.   27, 


Feb. 


Mar. 


27, 
3, 


July   1,  1770. 


Public  Acts. 
List  of  the  Public  Acts — Continued. 


1115 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


1011 
1011 

1013 

1014 
1015 

1017 


1018 


1019 


1020 


1022 


1022 


102 


1023 


1024 


1768.— FiPvST  Session. 

Chapter  1.  An  act  for  granting  the  sum  of  thirteen 
hundred  pounds,  for  the  support  of 
his  majesty's  governor 

Chapter  2.  An  act  for  incorporating  the  second 
parish  of  South  Hadley,  in  the 
county  of  Hampshire,  into  a  town 
by  the  name  of  Granby 

Chapter  3.  An  act  for  incorporating  the  north- 
westerly part  of  Deertield,  in  the 
county  of  Hampsliire,  into  a  district 
by  the  name  of  Shelburne  . 

Chapter  4.  An  act  for  supplying  the  treasury 
with  the  sum  of  eighteen  thousand 
pounds  

Chapter  5.  An  act  in  addition  to  an  act,  intitled 
"  An  act  for  erecting  the  new  plan- 
tation called  Huntstown,  in  the 
county  of  Hampshire,  into  a  town 
bv  the  name  of  Ashfield  "  [1765-66, 
chap.  13,  §  3;  1712-13,  chap.  9;  1761- 
62,  chap.  44] 

Chapter  6.  An  a,ct  inipowering  the  assessors  of  the 
town  of  Windham,  in  the  county  of 
Cumberland,  to  assess,  yearly,  for 
three  years  next  [i][e]nsuing,  one 
pen[r!jy  per  acre  on  every  of  the 
hundred  acre  lot[Z]s  in  said  town 
already  lotted  out,  and  not  other- 
wise taxed;  ministerial  and  school 
lands  lying  in  said  town,  excepted   . 

Chapter  7.  An  act  for  the  removal  of  the  prison- 
ers from  his  majesty's  goal  in  the 
county  of  Barnstable,  to  his  majesty's 
goal  in  the  county  of  Plymouth 

Chapter  8.  An  act  to  establish  a  toll  on  the  bridge 
lately  built  over  the  westermost 
branch  of  Saco  River,  from  Bidde- 
ford  side  to  Indian  Island,  in  the 
county  of  York  [1757-58,  chap.  14]    . 

Chapter  9.  An  act  to  enable  the  assessors  of  the 
town  of  Charlemont  to  collect  all 
the  taxes  granted  on  the  lands  in 
the  said  Cliarlemont    .... 

Chapter  10.  An  act  for  reviving  and  continuing 
sundry  laws  that  are  expired,  and 
near  expiring  [1749-50,  chap.  15; 
1762-63,  chap.  19;  1765-66,  chap.  12; 
1765-66,  chap.  20] 

Chapter  11.  An  act  for  continuing  an  act  intit[?(]led 
"  An  act  for  establishing  and  regu- 
lating the  fees  of  the  several  officers 
within  this  province,  hereafter  men- 
tioned," made  in  the  fifth  year  of  his 
present  majesty's  reign  [1764-65, 
chap. 26]         

Chapter  12.  An  act  for  building  and  maintaining 
a  bridge  over  the  great  river,  in 
Westfield,  in  the  county  of  Hamp- 
shire [1764-^5,  chap.  23] 

Chapter  13.  An  act  to  prevent  a  failure  of  justice, 
by  means  of  offenders,  in  any  of  his 
majesty's  colonies  on  this  continent, 
escaping  into  this  province,  or  from 
one  county  in  this  province  into 
another,  to  avoid  the  punishments  of 
their  offences 

Chapter  14.  An  act  for  supplying  the  treasury  with 
one  hundred  thousand  pounds,  to  be 


1768. 

May 

27, 

June 

11, 

June 

21, 

June 

23, 

June 

24, 

June 

24, 

June 

24, 

June 

24, 

June 

24, 

June 

24, 

June 

28, 

June 

30, 

June 

30, 

1771. 
July      31, 


July     20, 1773. 


Aug.      1,  1770. 


July    15,  1769. 


1116 


Public  Acts. 


List  of  the  Public  Acts — Concluded. 


TITLES. 


Date 
of  Passage. 


Disallowed 
by  Privy 
Council. 


Expired  or  had  its 
effect. 


1027 


1028 


1030 


1032 


1768. — First  Session— Con. 

applied  for  the  redemption  of  govern- 
meiit  securities  that  will  become  due 
in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  sixty-nine  [1767- 
68,  chap.  7,  §  4;  1749-50,  chap.  19; 
1761-62,  chap.  23] 

Chapter  15.  An  act  to  enable  the  inhabitants  of 
Lenox,  in  the  county  of  Berkshire, 
with  other  proprietors  of  lands  there, 
to  raise  taxes  on  the  lands  there,  for 
bringingforwardthesettlementof  the 
said  lands,  and  for  other  public  pur- 
poses for  the  benefit  of  said  district; 
and  also  to  inforce  the  payment  of 
such  taxes  as  have  been  granted  by 
the  inhabitants  of  Richmont  in  said 
county,  and  are  not  collected  [1763- 
64,  chap.  24,  §  1;  1765-66,  chap.  16,  § 
2;  1761-62,  chap.  44;  1766-67,  chap.  11; 
1712-13,  chap.  9] 

Chapter  16.  An  act  for  erecting  the  new  plantation 
called  Number  Three,  in  the  county 
of  Hampshire,  into  a  town  by  the 
name  of  Worthington  [1712-13,  chap. 
9;  1761-62,  chap.  44]     .        .        .        . 

Chapter  17.  An  act  to  establish  a  toll  on  the  great 
bridge  built  over  the  river  Parker, 
in  the  town  of  Newbury,  in  the 
county  of  Essex  [1750-51,  chap.  14]   . 

Chapter  18.  An  act  to  revive  and  continue  an  act 
made  in  the  fifth  year  of  his  present 
majesty's  reign,  intitled  "  An  act  for 
allowing  necessary  supplies  to  the 
easteru  Indians,  and  for  regulating 
trade  with  them,  and  preventing 
abuses  therein,"  which  is  near  expir- 
ing [1764-65,  chap.  30]  . 


1768. 


June     30, 


June  30, 

June  30, 

June  30, 

June  30, 


June    30,  1778. 


June    30, 1769. 


Private   Acts. 


1117 


LIST  OF  THE  TITLES  OF  PRIVATE  ACTS. 


Date 
of  Passage. 


Disallowed 
by  Privy 
CouiiCil. 


02 


92 


92 


43G 


1757-58.— First  Session. 

An  Act  irapowering  Margarett  Pollard  of  Boston  in  the  County  of 
Suffolk,  Widow,  Executrix  of  the  last  Will  and  Testament  of 
Benjamin  Pollard,  Esq"".,  deceased,  to  make  Sale  of  certain 
Lands  that  were  conveyed  to  the  said  Benjamin  Pollard,  in 
Trust 

An  Act  for  dissolving  the  Marriage  of  Daniel  McCarthy  with  Mary 
McCarthy 


Fifth  Session. 

An  Act  for  the  more  easy  and  equital)le  Division  of  the  Estates  of  James 
Townsend,  deceased,  and  Elizabeth  Cliauncy,  deceased,  yet 
remaining  undivided,  among  the  Interested         .        .        .        - 


1760-61. — Fourth  Session. 

An  Act  to  enable  the  Exei-utors  of  the  last  Will  and  Testament  of  Sir 
William  Pepjierrell,  Baronet,  deceased,  and  the  other  Pro- 
prietors of  certain  Tracts  of  Land  in  the  Townships  of  Iliddc- 
lord  and  Scarborough  to  sue  for  any  Trespasses  committed 
upon  said  Tracts  of  Land  within  live  years  proceeding  tlic 
present  Session  of  this  Court  in  the  present  County  of  York     . 


1757. 


June    16, 
June    14, 

1758. 

April    24, 
1761. 


April    18, 


1761-62.— Fourth  Session. 


540 

G24 
024 
G24 


782 


1762. 

An  Act  for  Enabling  Mary  Hunt  to  Dispose  and  Convey  her  Lands  and 

Interest  in  Holden Ajiiil   24, 


1762-63.— Third  Session. 

An  Act  confirming  the  Christian  name  of  Ann  Baker  of  Don-hester  in 
the  County  of  Suffolk  Widow  notwithstanding  the  Mistake 
therein 

An  Act  to  enable  the  surviving  Executors  of  Edward  Jackson  Gentle- 
man deceased  to  dispose  of  part  of  his  Real  Estate  in  Shutes- 
bury  in  the  County  of  Hampshire 

An  Act  to  enable  Faith  Cookson  Wife  of  Obadiah  Cookson  to  make 
Sale  of  certain  Lands  in  the  Township  of  Rutland  set  off  to 
her  pursuant  to  the  Will  of  her  late  Father  Cornelius  Waldo 
Esq"- 


1764-65.— First  Session. 

An  Act  to  enable  Abigail  Little  of  Pendjroke,  formerly  the  Widow  of 
Isaac  Thomas  hite  of  said  Pembroke,  Gentleman,  Deceased, 
to  recover  of  the  Children  and  Heirs  of  the  said  Isaac  certain 
Sums  of  Money  due  from  them  to  the  said  Abigail  for  Riglit 
of  Dower  in  the  real  Estate  that  was  the  said  Isaac  Thomas's  . 


1765-66.— First  Session. 

An  Act  impowering  Peter  Hallet  to  make  and  execute  a  Deed  of  Ex- 
chanfts  with  Stephen  Hallet  of  certain  Lands  lying  in  Yar- 
mouth in  the  County  of  Barnstable 


17:3. 


Feb.     17, 
Feb.     24, 


Feb.     24, 


1764. 


June    14, 


1765. 


June    12, 


1759. 


Aug.    10. 


Aug     10, 


1763. 

Mar.    16. 


1767. 


June   26 


1118 


Private  Acts. 


List  of  the  Private  Acts — Concluded. 


tJO 

TITLES. 

Date 
of  Passage. 

Disallowed 
by  Trivy 
Council. 

924 

1766-67.— FiKST  Session. 

An  Act  to  enable  "William  Pepperrell  Sparhawk  Esq""  to  take  the  name 
of  William  Pepperrell 

1766. 

June    18, 

1767. 

June    25, 

- 

994 

1767-68.— FiBST  Session. 

An  Act  to  empower  Abigail  Conqueret  of  Lancaster  in  the  County  of 
Worcester,  Wife  of  Lewis  Conqueret  Mariner  to  commence 
and  prosecute    to    final    Judgment    and    Execution,    certain 
Action  or  Actions  against  Francis  Morris  and  Tliomas  Legget 
of  Leominster  in  said  County,  and  for  subjecting  the  said 
Abigail  Conqueret    to    the    Action    or    Actions    of    the    said 
Francis  Morris  and  Thomas  Legget,  as  though  she  was  sole 
and  unmarried 

1768. 

June  29. 

Resolves. 


1119 


RESOLVES. 


Acts  relating  to  the 
general  subject-mattek, 


Chapter. 


SUBJECT  OF  THE  KESOLVE. 


Date. 


1757-58  . 


1757-58 


1757-58  . 
1757-58   . 


1757-58   . 
1758-59   . 


1758-59 
1758-59 


1758-59 


1758-59  . 
1759-60  . 


1759-GO  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  , 


1759-60 

1759-60 
1759-60 
1759-60 


19 
6 


21 
21 


24 


7 
16 


28 
28 
28 


Resolve  for  the  payment  of  £7, 8s.  2d.  to  Jacques  Mor- 
ris, lieing  the  proceeds  of  the  sale  of  canoes 
in  which  the  Acadians  came  from  the  south- 
ern colonies 

Resolve  for  distributing  Acadians  in  the  several  coun- 
ties according  to  the  province  tax,  and  for 
apportioning  the  expense  of  their  sujiport  on 
•  the  towns  and  districts  in  the  several  coun- 
ties         

Resolve  that  the  Governor  order  all  Acadians  in  Bos- 
ton to  be  removed  to  the  barracks  on  Castle 
Island,  and  that  they  be  there  subsisted,  <S:c. 

Resolve  directing  the  commissary  general  to  f  tunish 
subsistence  and  transportation  for  poor  Aca- 
dians in  Boston,  and  to  remove  them  to  the 
towns  to  which  they  have  been  assigned 

Resolve  remitting  fines  of  John  Erving  and  others 

Resolve  re-electing  guardians  for  the  Indians  and 
ratifying  their  doings 

Resolves  for  levying  and  paying  forces  for  the  army  . 

Resolve  requesting'the  Governor  to  direct  returns  of 
the  number  of  Quakers  in  the  several  regi- 
ments, by  the  respective  Colonels  . 

Resolve  allowing  widows  and  next  of  kin  to  receive 
wages  of  deceased  soldiers  without  adminis- 
tration   

Resolves  for  raising  and  paying  1,500  men     . 

Resolve  ratifying  assessments  and  abatements  to 
Quakers  in  the  town  of  Dartmouth,  for  the 
year  1759,  and  empowering  the  constables  for 
that  year  to  collect  said  taxes  .... 

Resolve  directing  the  treasurer  to  issue  his  warrant 
to  Jacob  Cooper  of  Stockbridge,  to  collect 
the  tax  of  1759,  and  staying  execution  against 
him 

Resolve  directing  the  unimproved  lands  in  the  district 
of  New  Salem  to  be  taxed  for  four  years  at 
one  farthing  per  acre  for  the  repairs  of  high- 
ways, and  directing  an  annual  account  there- 
of to  be  transmitted  to  non-residents 

Resolve  laying  a  tax  of  ^  penny  per  acre  on  the  lands 
of  the  non-resident  proprietors  of  the  dis- 
trict of  Westminster,  for  the  term  of  four 
years     

Resolve  granting  liberty  to  the  petitioners,  proprietors 
and  inhabitants  of  land  in  and  near  Rutland, 
to  bring  in  a  bill,  &c. 

Resolve  granting  liberty  to  the  petitioning  proprietors 
of  Neguasset,  "to  bring  in  a  bill 

Resolve  applying  money,  received  from  Mr.  Agent 
Bollan,  to  the  payment  of  officers  and  soldiers 
under  Gen.  Amherst,  and  directing  the  treas- 
urer to  borrow  £32,425, 10s.  instead  of  £60,000, 
and  reducing  tlie  tax,  and  ordering  a  bill  to 
be  brought  in  accordingly  .... 

Resolve  enjpowering  Theophilus  Bradbury  to  collect 
excise  in  Cumberland  County,  in  place  of 
William  Livenuore,  the  deceased  collector    . 

Resolve  discharging  Bildad  Fowler  from  forfeiture  of 
his  bond,  &c 

Resolve  remitting  to  Michael  Malcolm  the  province's 
part  of  tines  laid  upon  him        .... 

Resolve  remitting  to  Allan  Malcolm  the  province's 
part  of  fines  laid  upon  him       .... 


Jan.     5,  1759. 

Apr.  19,  1760. 
Jan.   18,  1764. 


Feb.  16,  17G5. 

Feb.  1,  1760. 

Jan.  3,  1759. 

Mar.  13, 1759. 


Apr.  24,  1759. 


Apr.  20,  1758. 
Apr.  18,  1759. 


Apr.  24,  1760. 
June    5,1762. 

Feb.     9, 1760. 

June  13, 1760. 

Oct.  11,1769, 
Oct.    11,  1759, 

Jan.     9, 1760. 

Feb.  23,1762. 
June  5, 1762. 
June  15, 1762. 
June  15,  1762. 


1120 


Resolves. 


List  of  the  Resolves — Continued. 


Acts  relating  to  the 
general  svbject-matter, 


Chapter. 


SUBJECT   OF  THE  RESOLVE. 


361 


362 


441 

542 

544 
545 

545 

547 
548 

548 

549 
559 

563 

564 
564 
566 

567 

625 

626 

632 
632 

633 


1759-60 


1759-60 


1760-61 

1761-62 

1761-62 
1761-62 

1761-62 
1761-62 
1761-62 

1761-62 

1761-62 
1761-62 

1761-62 

1761-62 
1761-<J2 
1761-62 

1761-62 

1762-63 

1762-63 

1762-63 
1762-63 

1762-63 


39 


39 


11  . 

6  . 

55  . 

17  .    *    . 

17  . 

24  . 

24  . 

24  . 

24  . 

28  and  29, 


6    , 


12 


Resolve  ordering  that  part  of  a  highway  be  annexed 
to  Palmer,  and  changing  the  boundary  lines 
of  Brinifield  and  Palmer,  and  requiring  said 
Palmer  to  keep  said  highway  in  repair   . 

Resolve  annexing  a  bridge  over  Chieopee  Ri\er,  to  the 
town  of  Brimfield,  tliere  to  be  kei>t  in  repair, 
and  enjoining  tlie  district  of  Palmer  to  keep 
in  repair  another  bridge  over  said  river,  and 
annexing  to  Monson  part  of  a  road,  to  be 
kejit  in  repair  by  Monson 

Resolve  empowering  Banmel  Allen  to  collect  all  taxes 
in  Gloucester  which  were  not  collected  by 
William  Somes,  constable         .        .        .        . 

Resolves  for  dividing  tlie  town  of  Rehobotli,  and  ap- 
portioning revenues  and  money  in  the  town 
treasury 

Resolve  directing  the  province  treasurer  not  to  bor- 
row money  until  the  next  session    . 

Resolve  empowering  the  court  of  general  sessions  for 
the  county  of  Suffolk,  to  equalize  erroneous 
assessments  on  the  towns  of  L'edham  and 
Medfield 

Resolve  exempting  Indians  in  Stockbridge  from  the 
tax  of  1761    .        .        .        .  _      . 

Resolve  remitting  province's  part  of  fine  laid  on  Bar- 
nabas Lothrop     

Resolve  directing  Alexander  Thompson  to  notify  Oad 
Lyman,  collector,  of  his  petition  for  relief. 
and  continuing  the  action  brought  by  said 
collector 

Resolve  empowering  any  two  justices  for  the  county 
of  Worcester,  quorum  unus,  to  grant  a  license 
to  James  Stone 

Resolve  empowering  the  general  sessions  in  Worcester 
county  to  grant  a  license  to  Samuel  Pickard  . 

Resolve  empowering  the  Governor  and  Council  to  fill 
vacancies  in  the  committee  chosen  to  counter- 
sign the  treasurer's  notes 

Resolve  granting  to  Joseph  Dwight  £irO  out  of  the 
interest  of  Sir  Peter  Warren's  donation,  and 
also  granting  to  him  1,000  acres  of  land  upon 
condition,  &c 

Resolve  granting  allowances  to  Eleazer  Wheelock  for 
subsisting  and  educating  Indian  children,  &c. 

Resolve  granting  allowances  to  Eleazer  Wheelock  for 
subsisting  and  educating  Indian  children,  &c. 

Resolve  granting  leave  to  the  inhabitants  of  the  town 
of  Biddeford  to  bring  In  a  bill,  and  dismiss- 
ing the  petition  of  the  town  of  Wells 

Resolve  empowering  the  inhabitants  of  Tyringham 
to  levy  and  collect  taxes,  &c.,  and  recjuiring 
them  to  notify  the  non-resident  proinietors 
there,  by  iiubllshing  notice  in  the  Boston 
newspapers 

Resolve  directing  the  treasurer  to  pay  interest  to  John 
Still  Winthrop  upon  his  loan  to  the  govern- 
ment       

Resolve  fixing  the  bounds  between  New  ^larblehead 
and  the  towns  of  Falmouth  and  North  Yar- 
mouth, and  setting  off  a  lot  for  a  school-lot   . 

Resolve  empowering  the  assessors  of  Freetown  to 
assess  the  polls  and  estate  of  Ammi  Chase    . 

Resolve  empowering  and  directing  the  assessors  of 
Stockbridge,  for  the  year  1762,  to  sign  and 
complete  assessments,  &c.,  and  directing  the 
constable  to  finish  his  collections,  &c.     . 

Resolve  remitting  to  Narragansett  No.  One  the  tax  of 
£44,  7s.  iid.  for  the  year  1762,  and  directing  a 
stay  of  execution 


Apr.   18,  1761. 

Feb.     7,  1763. 

Sept.    9,  1762. 

Jan.  9, 1759. 
Nov.  28,  1761. 

Jan.  13,  1761. 
July  11,  1761. 
June    5,  17C2. 


June  12, 1704. 


Jan.  25,  1705. 
Feb.  15,  1765. 

Feb.  23,  1762. 

Feb.  16,  1763. 
June  14,  1764. 
June  13,  1705. 

Feb.   18,  1762. 


June   4,  1762. 

Oct.    31,  1765. 

Nov.  27,  1761. 
Feb.  16,  1763. 

Jan.   30,  1764. 
Nov.    1,  1764. 


Resolves. 


1121 


List  of  the  Resolves — Continued. 


Acts  eelating  to  the 
gknekal  subject-mattek. 


Chapter. 


SUBJECT  OF  THE  RESOLVE. 


1762-63 


1762-63  . 

26 

1763-64  . 

3 

1763-64  . 

10 

1763-64  . 

10 

1763-64  . 

10 

1763-64 


1763-64  . 

10 

1763-64  . 

10 

1763-64  . 

10 

1763-64  . 

10 

1763-64  . 

24 

1763-64  . 

24 

1763-64  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 


12 


10 


24 


12 


Resolve  empowering  the  town  of  Scarborough  to 
choose  a  collector  of  the  taxes  for  the  year 
1762,  in  the  place  of  George  Lebby,  and  au- 
thorizing said  collector  to'  finish  his  collec- 
tions, and  directing  a  stay  of  execution 

Eesolve  for  the  payment,  out  of  tlie  province  treasury, 
of  certain  costs  to  Edward  Wing     . 

Resolve  directing  the  committee  appointed  to  visit 
the  island  of  Chappequiddiclt  to  ascertain 
the  boundary  between  Barnstable,  Sandwich, 
and  Falmouth,  adjoining  Mashpee  . 

Resolve  granting  the  petitions  of  Eldad  Taylor  and 
Joseph  Williams,  and  taking  off  certain  taxes 
and  laying  them  ujion  other  towns  . 

Resolve  empoweriug  the  town  of  Abington  to  accept 
of  Nicholas  Shaw  as  constable,  in  the  place 
of  Abraham  Beales 

Resolve  empowering  the  assessors  of  Brimfield  to  ap- 
portion a  tax  on  the  inhabitants  of  the  dis- 
trict set  off  therefrom,  and  enjoining  the  said 
inhabitants  to  pay,  and  the  collectors  of  the 
south  precinct  to  collect,  the  same  . 

Resolve  directing  South  Brimfield  to  pay  £5,  5s.  as 
their  proportion  of  the  county  tax,  and  pro- 
viding for  the  assessment  and  collection  of 
the  same 

Resolve  remitting  taxes  laid  on  plantation  No.  4,  and 
superseding  executions  for  the  sauje 

Resolve  directing  order  of  notice,  to  the  town  of  Pow- 
nalborough,  upon  the  petition  of  William 
Bacon  and  others 

Resolve  exempting  certain  residents  on  Kennebec 
River  from  being  taxed  in  the  tmvn  of  Pow- 
nalborough,  and  vacating  taxes  already 
assessed         

Resolve  empowering  James  Kai'swell  to  finisli  his 
collections  of  taxes  in  the  first  parish  of  Kit- 
tery 

Resolve  increasing  the  gratuity  to  the  Stockbridge 
Indians,  and  api^ointing  a  committee  to  re- 
ceive the  same 

Resolve  increasing  the  grant  to  the  Stockbridge  Indi- 
ans, and  directing  the  whole  grant  to  be  paid 
over  to  Timothy  Woodbridgo  upon  his  giving 
bond,  &c.,  and  for  settling  Ihe  titles  of  claim- 
ants of  lands  under  Indian  deeds    . 

Resolve  vesting  the  jiroprietors  of  Yokumtown  with 
the  privileges  of  proprietors  of  common  lands 
in  new  townships,  and  providing  for  the  call- 
ing of  a  pro2:)rietors'  meeting    .... 

Resolve  granting  £6, 2s.  M.  to  the  town  of  Greenwich, 
and  adding  the  same  to  the  tax  on  Belcher- 
town      

Resolve  remitting  a  tax  on  the  town  of  Lincoln  and 
laying  the  same  on  the  town  of  Lexington    , 

Resolve  for  lending  £300  to  the  town  of  Swanzey,  and 
providing  for  its  rei^ayment      .... 

Resolve  ordering  assessors,  &c.,  to  make  and  return 
lists  of  polls  anil  estates  in  Bernardston  and 
Huntstown,  and  staying  executions  against 
constables,  &c.,  until  the  next  session    . 

Resolve  empowering  the  treasurer  to  direct  all  such 
bills  of  exchange  as  remain  to  be  drawn  un- 
der said  act,  "To  Jasper  Mauduit  Esq'',  in 
London" 

Resolve  empowering  the  selectmen  of  Salem  to  fence 
across  the  highway,  and  the  justices  of  the 
peace,  there,  to  appoint  watches  to  prevent 
the  sijreading  of  the  small-pox 


Sept.  27, 1765. 
June    8, 1763. 

June  15, 1763. 
Feb.  16,  1763. 
Feb.  21,1763. 

June  13,  1763. 

June  15,  1763. 
June    8, 1764. 

Juno  12,  1764. 

Mar.  1,  1765. 
Oct.  29,  17C3. 
June  11,  1702. 

Feb.  17, 1703. 

June  15,  1763. 

Jan.  2,  1764. 
Jan.  26,  1764. 
Jan.  26,  1764. 

Feb.  15,  1765. 

Feb.  7, 1705. 

Jan.  21,  1704. 


1122 


Resolves. 


List  of  the  Resolves — Continued. 


Acts  eelating  to  the 
general  sdbjsct-matteb. 


Year. 


Chapter. 


SUBJECT  OF  THE  RESOLVE. 


786 
786 
790 

791 

861 
863 

866 
86G 
866 

866 
8G6 
866 

867 

868 
809 
871 
872 
873 


874 
876 


876 
927 


1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 


1765-66  . 
1765-66  . 


1765-66 
1766-67 


Resolve  empowering  selectmen  and  justices  of  the 
peace  to  fence  across  laighways,  appoint 
watches,  and  take  other  measures  to  i^revent 
the  spread  of  the  small-pox      .... 

Resolve  continuing  unti^l  the  first  of  September  next, 
the  order  empoVvering  tlie  selectmen  of  Mar- 
bleliead  and  the  justices  there,  to  take  meas- 
ures against  the  spread  of  the  small-pox 

Resolve  incorporating  Dorchester-Canada  into  a  town, 
and  gi-anting  the  inhabitants  leave  to  bring 
in  a  bill  accordingly,  and  ordering  notice  to 
the  proprietors  of  all  lands  lying  within  the 
bounds  thereof 

Resolve  requesting  the  Governor  to  appoint  an  able 
mathematician  to  take  an  account  of  jiopu- 
lation 

Resolve  empowering  the  clerk  of  the  proprietors  of  i 
Pequoage  to  make  up  back  records  .        .1 

Resolve  on  the  petition  of  the  second  and  third  pre- 
cincts in  Stoughton,  confirming  an  agreement 
between  them  defining  their  boundary  line   . 

Resolve  apportioning  taxes  uiwn  Stoughton  and 
Stoughtonham 

Resolve  granting  Tyringham  leave  to  return  a  list  of 
polls  and  estates 

Resolve  empowering  the  assessors  of  Shutesbury  to 
issue  tax  warrants  for  the  year  17o5,  and  au- 
thorizing the  constables  there,  to  complete 
their  collections 

Resolve  authorizing  the  town  of  Pownalborougli  to 
choose  a  collector  of  taxes         .        .        .        . 

Resolve  authorizing  the  town  of  Freetown  to  choose 
a  collector  of  taxes 

Resolve  authorizing  Falmouth  and  Cape  Elizabeth  to 
jointly  assess  their  iuhabitauts  aud  estates, 
and  directing  their  assessors  to  return  lists  of 
polls  and  estates 

Resolve  granting  £:iOO  for  repairing  the  beach  at 
Plymouth,  and  ajipointing  a  joint  committee 
to  view  the  premises,  and  report  tLe  total 
expense,  and  how  it  shall  be  apportioned 

Resolve  directing  Plymouth  to  raise  £200,  and  ])rovid- 
iug,  in  that  case,  for  immediately  repairing 
the  harbor  of  Plymouth 

Resolve  confirming  the  titles  of  the  proprietors  of 
Murrayfield,  in  certain  proportions,  ujpon 
condition 

Resolve  accepting  the  report  of  the  committee  last 
named,  and  setting  off  petitioners  to  the  first 
parish  in  Falmouth 

Resolve  ordering  notice  to  the  first  i:)arish  in  Fal- 
mouth on  the  petition  of  James  Small  aud 
others 

Resolve  on  the  petition  of  the  first  parish  in  Falmouth, 
suspending  the  operation  of  the  declaratory 
resolve,  respecting  liability  for  parish  taxes, 
until  after  the  petitioners  have  had  oitjiortu- 
nity  to  be  heard  thereon 

Resolve  releasing  sureties  on  the  bond  of  Jacob  Fisk  . 

Resolve  empowering  the  assessors  of  South  Brimlield, 
to  assess  for  arrears  of  expenses  for  the  sup- 
port of  the  ministry,  incurred  before  the  divis- 
ion of  the  district,  &c.,  and  to  commit  the 
same  for  collection 

Resolve  on  the  petition  of  Edward  Webber,  directing 
him  to  advertise  notice  of  his  petition,  re- 
turnable at  the  next  winter  session 

Resolve  directing  the  assessors  of  Newbury  and  New- 
buryport  to  prepare  and  return  a  list  of  assess- 
ments     


Jan.  25,  1764. 


June    8,  1764. 


June    7,  1763. 


June    3,  1763. 

June  11,  nro. 

June  18,  1700. 


Feb.  18,  1762. 
Oct.  30,  17C5. 
June  14,  1766. 

June  24, 1766. 
Nov.  4,  1766. 
Nov.    5,  1766. 

Nov.    7, 1766. 

June  7,  1764. 
June  22,  17C5. 
June  11,  1766. 
Jan.  18,  17G0. 
June  16,  1768. 


Apr.  16,  1770. 
June    9,  1768. 


June  11,  1767. 
June  11,  1767. 
June  14, 1765. 


Resolves. 


1123 


List  of  the  Resolves — Continued. 


Acts  kelatikg  to  the 
genebal  subject-mattee 


Chapter. 


SUBJECT  OF  THE  RESOLVE. 


Date. 


927 
935 

941 

948 
995 

995 

1005 
1005 
1005 
1005 
1005 
1005 

1006 


1033 

1038 
1043 

1046 
1046 
1049 


1766-67 
1766-07 

1766-67 

1766-67 

1767-68 

1767-68 

1707-68 
1767-68 
1767-68 
1767-68 
1767-68 
1767-68 

1767-68 


1768 

1708 
1768 

1768 
1768 
1768 


22 


23 


16 


Resolve  remitting  fine  and  granting  £9  to  Hopkinton, 

Resolve  granting  £1,350  with  interest,  to  Benjamin 
Hallowell,  Jr 

Resolve  granting  pay  to  the  committee  api>ointed  to 
inquire  into  the  riots 

Resolve  granting  48s.  to  Michael  Daigle,  an  Acadian, 
&c.         .    ♦ 

Resolve  for  paying  £5, 2s.  M.  for  the  benefit  of  Francis 
Le  Blanc,  and  for  notifying  Brimfield  and 
South  Brimfield,  &c 

Resolve  deducting  £3,  14s.  6d.  from  the  tax  on  Great 
Barrington,  and  adding  the  same  to  the  tax 
on  ShetHeld 

Resolve  granting  £98,  175.  towards  building  Plymouth 
lighthouse 

Resolve  granting  pay,  &c.,  to  John  Thomas,  keeper 
of  Plymouth  lighthouse 

Resolve  granting  pay,  &c.,  to  John  Thomas,  keeper 
of  Plymouth  lighthouse 

Resolve  of  the  provincial  congress,  for  removing  the 
lamps,  oil,  &c.,  from  Plymouth  lighthouse 

Resolve  granting  pay,  &c.,  to  John  Thomas,  keeper 
of  Plymouth  lighthouse 

Resolve  granting  i)ay  for  services  of  John  Thomas, 
keeper  of  Plymouth  lighthouse,  to  his  execu- 
trix       . 

Resolve  on  the  accepted  report  of  the  committee  on 
the  New  Hampshire,  Connecticut,  and  New 
York  boundaries,  requesting  the  Lieut.  Gov- 
ernor to  prepare  a  state  of  the  controversy 
concerniug  the  boundaries  between  Massa- 
chusetts, Connecticut,  and  New  York,  &c.     . 

Resolve  directing  that  taxes  be  assessed  on  lands 
lying  in  tlie  first  and  second  parishes  in  South 
Hadley,  to  the  owneis  thereof,  though  resid- 
ing in  the  other  of  said  parishes 

Resolve  ordering  notice  on  the  jietitiou  of  Ebenezer 
Smith  and  others 

Resolve  ordering  notice  on  the  petition  of  Benjamin 
Beal  and  others,  and  directing  a  stay  of  pro- 
ceedings under  this  act 

Resolve  emiiowering  the  assessors  of  Windham  to 
assess,  for  three  years,  one  pennj'  per  aci'e, 
&c.,  and  providing  for  the  collection  and  the 
appropriation  of  said  tax 

Resolve  authorizing  a  tax  of  one  penny  per  acre,  for 
three  years,  on  lands  in  Charlemont,  and 
providing  for  the  collection  and  approi^ria- 
tion  of  said  tax 

Resolve  authorizing  the  province  treasurer  to  accept 
certain  securities  of  Aaron  Willard,  and 
thereupon  to  deliver  to  him  his  bond 


June  18, 1767. 
June  25, 1766. 
Mar.  17,1767. 
June    9,  1767. 

June  24,  1766. 

Mar.  10,  1767. 

Apr.  25,  1771. 

Apr.  21,1772. 

Jan.  28,1773. 

July  2,  1775. 

Oct.  0, 1775, 

Feb.  2,  1778. 


June  1,  1763. 

June  9,  1762. 
Apr.  10,  1770, 

Apr,  12,  1771. 

Mar,  4, 1768. 

Jan.  24, 1764. 
June  12, 1766. 


Declaratory  Resolves.* 


106 


243 


1757-58 


1758-59 


38 


Resolve  declaring  that  it  is  the  duty  of  towns  to  con- 
tinue to  xirovide  for  poor  Acadians,  notwith- 
standing the  removal  of  some  from  other 
towns 

Resolve  declaring  that  it  is  the  meaning  of  this  act 
that  the  selectmen  of  Boston  are  to  begin 
the  work,  and  draw  upon  the  treasury  for 
the  same,  as  soon  as  the  proposed  sum  to  be 
raised  by  each  lottery  is  received  and  paid 
over  to  the  town  treasurer,  [See  1755-56, 
chap.  24.] 


Feb.  15,1765. 


Jan.  17, 1757. 


*  See,  also.  Resolves  op  the  Council,  under  date  of  Mar.  29, 1759,  and  Votes  and  Orders  op  the  Councll, 
under  date  of  Dec.  5, 1758,  post. 


1121: 


Votes  amd  Orders. 


List  of  Declaratory  Resolves — Continued. 


Acts  relating  to  the 
general  subject-mattek. 

SUBJECT  OF  THE  RESOLVE. 

Date. 

to 

Year. 

Chapter. 

872 

876 

1765-66  . 
1765-66   . 

25    . 
31    . 

Resolve  declaring  that  from  the  time  the  act  of  incor- 
poration of  Cape  Elizabeth  took  effect,  all 
the  inhabitants  were,  and  still  are,  held  to 
pay  parish  taxes  there,  and  to  no  other  parish. 
[See  Resolves  of  the  Council,  Aiiril  26, 
1771]      

Resolve  declaring  thai  by  the  act  for  dividing  South 
Brimfield  into  separate  xiarishes,  the  inhabit- 
ants of  the  west  parish,  are  not  freed  from 
any  charges  for  the  support  of  tlie  ministry, 
previous  to  said  division,  and  jirevious  to  set- 
tling a  minister  iu  the  east  parish    . 

Mar.  28, 1770. 
June  11,  1767. 

Votes  and  Orders. 


1757-58 

1757-58 

1757-58 
1757-58 

1757-58 
1757-58 

1757-58 
1757-58 
1757-58 
1757-58 

1757-58 
1757-58 

1757-58 

1757-58 
1757-58 


2    . 


2    . 
2    . 

3,  §4 

7    . 


7    . 


7    . 


7    . 


7    . 
7    . 


7    . 
7    . 


Order  empowering  the  assessors  of  the  town  of  Leices- 
ter and  district  of  Spencer  to  assess  the 
inhabitants  of  "  the  Gore  "  lately  annexed  to 
the  district  of  Charlton 

Vote  directing  the  province  treasurer  not  to  borrow 
money  or  issue  notes  to  be  redceiiied  out  of 
the  fund  of  £15,200,  laid  on  the  year  17.")7 

Order  directing  the  province  treasurer  to  borrow  the 
additional  sum  of  £15,200,  &c. 

Order  abating  £4,  8s.  2d.  from  the  tax  on  the  district 
of  Southampton,  and  laying  the  same  on  the 
town  of  Northampton,  &c 

Vote  for  an  establishment  for  the  defence  of  the  fron- 
tiers of  the  province 

Order  appointing  a  committee  to  consider  and  leport 
upon  the  question  of  disposing  of  the  inhabit- 
ants of  Nova  Scotia,  then  in  the  province 

Order  on  the  petition  of  Duncan  Campbell,  allowing 
him  42s.  'ihd.  to  reimburse  him  liis  expense 
in  transporting  and  subsisting  live  children 
from  Nova  Scotia 

Order  appointing  a  committee  to  consider  and  report 
upon  the  question  of  disposing  of  the  French 
inhabitants  of  Nova  Scotia  then  in  the  prov- 
ince        

Order  appointing  a  committee  to  consider  and  report 
upon  the  question  of  disposing  of  the  French 
inhabitants  of  Nova  Scotia  then  iu  the  prov- 
ince        

Order  directing  the  committee  appointed  Feb.  21, 1757, 
on  the  subject  of  the  expense  incurred  by 
the  province  in  supporting  the  Acadians,  to 
sit  forthwith,  prepare  accounts,  and  report, 
&c 

Vote  appointing  and  instructing  a  committee  to  ascer- 
tain the  expense  incurred  in  supporting 
Acadians 

Order  directing  that  one  family  of  Acadians  be  re- 
moved from  Sherborn  to  Southl)orougli  and 
there  supported,  and  that  others  remain  in 
Sherborn      

Order  directing  that  seven  Acadians  be  removed  from 
Needhani  to  Stoughton,  and  three  from 
Stoughton  to  "Wrentham,  there  to  be  sup- 
ported   

Order  appointing  a  committee  to  consider  the  petition 
of  Francis  Muis  and  others,  Acadians,  pray- 
ing relief 

Order  appointing  Captain  Williams  in  the  place  of 
John  Choate  on  the  committee  last  men- 
tioned   


June  13,  1757. 

June  16,  1757. 
Aug.  31, 1757. 

Dec.  2,  1757. 
Jan.  21,  1758. 

June  1, 1757. 
June  2,  1757. 
June  14, 1757. 
Aug.  17,  1757. 

Aug.  25,  1757. 
Nov,  29,  1757. 

Dec.  2, 1757. 

Jan.  6,  1758. 
Jan.  10,  17:8. 
Jan.  11, 1758. 


Votes  a>vd  Orders. 
Votes  and  Orders — Continued. 


1125 


Acts  kelating  to  the 
general  subject-matter 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


1757-58 
1757-58 

1757-58 

1757-58 
1757-58 

1757-^8 


1757-58  . 

7 

1757-58  . 

7 

1757-58  . 

7 

1757-58  . 

7 

1757-58  . 

7 

1757-58  . 

7 

1757-58  . 

7 

1757-58  . 

7 

1757-58  . 

7 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 


Order  appointing  a  joint  committee  to  consider  the 
petition  of  Charles  Muis,  an  Acadian,  praying 
relief 

Order  directing  the  province  secretary  to  write  to  the 
selectmen  of  the  towns  to  which  certain  peti- 
tioning Acadians  belong,  notifying  them  to 
conform  to  the  orders  relative  to  their  support, 

Order  directing  the  province  treasurer  to  deliver  to 
the  agents  of  Gov.  Lawrence,  accounts  of  the 
expense  of  supporting  Acadian  s  who  have 
come  from  the  southern  colonies,  and  to  re- 
quest payment  thereof 

Vote  directing  that  dwelling-houses  be  provided  and 
other  arrangements  made  for  supporting  Aca- 
dians in  the  province 

Order  appointing  a  committee  to  consider  and  report 
upon  a  petition  of  Nathaniel  Ray  Thomas 
praying  that  his  bond  to  the  province  treas- 
urer for  the  employment  of  certain  Acadians 
may  be  cancelled 

Vote  appointing  a  committee  to  wait  on  Gov.  Law- 
rence in  regard  to  the  support  of  the  Acadians 
who  have  come  from  the  southern  govern- 
ments, &c 

Oi'der  on  the  memorial  of  Thomas  Hutchinson,  allow- 
ing him  £2,  13s.  id.  yearly  for  house  rent  of 
Acadians 

Order  directing  that  the  bond  of  Natlianiel  Ray 
Thomas  for  the  employment  of  Acadians  be 
cancelled,  and  that  tlie  selectmen  of  Easton 
provide  for  said  Acadians  .... 

Vote  appointing  a  committee  to  dispose  of  the  boats 
in  which  certain  Acadians  came  from  the 
southern  colonies 

Order  directing  that  Jacques  Morris  and  his  family  be 
removed  from  Leicester  to  Brookfield,  there 
to  be  supported 

Order  permitting  the  son  of  Jacques  Le  Blanc  to  reside 
in  this  province 

Vote  for  providing  dwelling-houses  for  Acadians,  and 
for  maintaining  tiie  sick  and  inlirm  among 
them,  and  obliging  the  able-bodied  to  main- 
tain themselves  and  their  families  . 

Order  allowing  the  selectmen  of  Milton  to  remove 
five  Acadians,  there,  to  Wrentham,  there  to 
be  provided  for,  <S:c.  .        .        .        . 

Order  appointing  a  committee  to  select  a  place  of  resi- 
dence for  the  family  of  Vincent,  an 

Acadian,  formerly  of  Groton  .... 

Order  appointing  a  committee  to  report  upon  the  peti- 
tion of  Joseph  D'Autremont,  an  Acadian, 
praying  that  his  family  may  be  removed  from 
Medtield  to  Walpole 

Order  appointing  a  committee  to  report  upon  the  peti- 
tion of  Hammond  Tibido,  an  Acadian,  pray- 
ing for  relief 

Order  directing  the  committee  appointed  upon  the 
petition  of  Joseph  D'Autremont  to  consider 
and  report  some  method  for  easing  the  prov- 
ince of  the  expense  of  the  support  of  the 
Acadians 

Order  directing  the  selectmen  of  Dorchester  to  supply 
necessaries  to  Hammond  Tibido 

Order  for  the  removal  of  Acadians  from  Medtield  to 
Walpole  as  prayed  for  by  Joseph  D'Autre- 
mont      • 

Order  appointing  a  committee,  with  instructions,  to 
report  measures  to  prevent  further  exi)cuse 
on  account  of  the  Acadians      .... 


Jan.  12,1758. 
Jan.   13,1758. 

Jan.  24,  1758. 
Mar.  18, 1758. 

Mar.  20, 1758. 

Mar.  23,  1758. 
Apr,  21,  1758. 

Apr,  25,  1758. 

Apr.  25, 1758. 

Apr.  29, 1758. 
June   2,1758. 

June  14,  1758. 
June  15, 1758. 
Jan.     2, 1759. 

Jan.  2,  1759. 
Jan.  2, 1759. 

Jan.  4,  1759. 
Jan.  6, 1759. 

Jan.  6, 1759. 

Jan.  11,  1759. 


1126 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


Acts  eelating  to  the 
general  subject-mattee. 


101 

102 
102 

102 

102 

103 
103 

105 

306 
10(j 
111 

112 

112 

113 
113 

113 
113 
114 

115 

IIG 

117 
117 


119 

119 
119 
119 


1757-58  . 

1757-58  . 
1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 
1757-58  . 

1757-58  . 

1757-58  . 
1757-5i  . 
1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 
1757-58  . 

1757-58  . 
1757-58  . 
1757-58  . 

1757-58  . 

1757-58  . 
1757-58  . 
1757-58   . 


118     1757-58 


Chapter. 


1757-58  . 

1757-58  . 

1757-58  . 

1757-58  , 


7 
7 

7 

7 

8 

15 

15 

15 

16 
16 

16 
16 
16 

16 

16 

16 
16 
17 

17 

17 
17 

17 


SUBJECT  OF  THE  VOTE,  ETC. 


Order  appointing  a  committee  on  a  petition  of  Peter 
Traban  praying  to  be  relieved  from  the  pay- 
ment of  liis  note  of  £50 

Order  directing  selectmen  of  Easton  to  provide  for 
the  family  of  Charles  Meuse,  an  Acadian     . 

Order  directing  selectmen  to  guard  against  corre- 
spondence between  Acadians  and  Canada, 
and  to  return  lists  of  Acadians 

Order  rejecting  report  of  a  committee,  and  directing 
selectmen  to  return  lists  of  Acadians,  &c., 
and  providing  for  the  publication  of  this 
order     

Order  directing  that  the  committee  on  the  expense  of 
supporting  the  Acadians,  consider  aud  report 
upon  the  iGtovernor's  message  .... 

Vote  extending  time  for  return  of  lists  of  Acadians, 
by  selectmen 

Vote  accepting  report  of  the  committee  on  distributing 
Acadians,  and  appointing  a  committee  to 
make  the  distribution 

Order  appointing  a  committee  on  the  Governor's  mes- 
sage of  January  24,  1765 

Order  to  abate  poll  taxes  on  Acadians  in  Falmouth    . 

Vote  granting  £300  to  Gov.  Pownall       .... 

Order  postponing  consideration  of  a  petition  of  the  in- 
habitants of  Merryconeag  Neck 

Order  referring  to  a  joint  committee,  tlie  petition  of 
the  inhabitants  of  Merryconeag  Neck,  and 
the  answer  of  North  Yarmouth,  to  hear  the 
parties  and  report  thereon  .... 

Order  granting  liberty  to  inhabitants  of  Merryconeag 
Neck  to  bring  in  a  bill  in  accordance  witli 
their  petition 

Order  appointing  a  committee  to  prepare  an  answer 
to  the  Governor's  message  of  Aug.  25    . 

Vote  appointing  a  committee  to  prepare  barracks  for 
1,000  men,  and  directingthe  commissary  gen- 
eral to  provide  necessary  furniture  and  uten- 
sils          

Order  granting  £400  to  the  committee  to  prepare  bar- 
racks, &c 

Order  appointing  a  joint  committee  to  present  a  mes- 
sage froui  the  assembly  to  the  Governor 

Order  appointing  a  joint  committee  to  con;  idcr  the 
Governor's  message  of  Nov  20,  and  the  let- 
ter from  the  Earl  of  Loudoun,  and  to  report 
thereon         

Order  appointing  a  committee  to  consider  tlic  Gov- 
ernor's message  of  Dec.  14,  and  tlie  letter 
of  the  Earl  of  Loudoun,  and  report  thereon  . 

Order  appointing  a  joint  committee  to  present  a  uics- 
sage  from  the  assembly  to  the  Governor 

Vote  appointing  a  joint  committee  to  consider  and 
report  on  the  letter  of  the  Earl  of  Loudoun    . 

Order  appointing  a  joint  committee  to  present  a  mes- 
sage from  the  assembly  to  the  Governor 

Order  appointing  a  committee  to  consider  and  report 
on  the  petition  of  Cornelius  Allen  and  otliers, 
Quakers,  of  Dartmouth 

Order  referring  the  petition  of  Joseph  Wing,  a  Quaker, 
to  the  committee  on  the  petition  of  Cornelius 
Allen 

Order  appointing  a  joint  committee  on  the  petition  of 
Joseph'Wing,  a  Quaker 

Order  granting  £3,  9.'?.  2d.  to  John  Gorham  for  fees  for 
committing  Quakers 

Order  directing  notice,  &c.,  upon  petition  of  Joseph 
Wing  and  Melatiah  Gifford,  Quakers,  and 
referring  the  same  to  the  next  assembly 


Apr.  18, 1759. 
June    9,  1759. 

Oct.      6, 1759. 

Oct.    10, 1759. 

Jan.  25,  1760. 
Feb.     7,  1760. 

Apr.  20,  1760. 

Jan.  26,1765. 
Uav.  9,  1765. 
Aug.  24,  1757. 

Apr.  23, 1757. 

June  14,  1757. 

Dec.  6,  1757. 
Aug.  31, 1757. 

Aug.  31,  1757. 
Aug.  31,1757. 
Aug.  31,  1757. 

Nov.  26,  1757. 

Dec.  14,  1757. 

Dec.  14,  1757. 

Jan.  2,  1758. 

Jan.  6,  175S. 

Aug.  17,  1757. 

Aug.  23,  1757. 
Jan.  31, 1764. 
Feb.     1,  17a. 

Feb.     2,  1764. 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


1127 


Acts  eelating  to  the 
genekal  subject-matter. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


1757-58   . 

1757-58  . 

1757-58  . 
1757-58   . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 
1757-58  . 

1757-58  . 
1757-58   . 

1757-58  . 
1757-58  . 
1757-58  , 

1757-58  . 

1757-58  . 
1757-58  . 

1757-58  . 

1757-58  . 
1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 


142     1757-58   . 


17 

18 

19 
20 

20 

22 

22 

22 

25 

28 

28 

30 
30 

30 
30 

30 
30 
30 

30 

30 
30 

33 

34 

34 

34 
34 
34 

34 

35 


Order  granting  £21  for  the  benefit  of  Moses  Swift 
upon  his  reconveying  land  to  Melatiah  Gif- 
ford,  a  Quaker 

Vote  exempting  all  persons  on  the  alarm  list  from 
military  duties  until  Oct.,  1758,  and  remitting 
fines  for  non-attendance,  &c 

Vote  choosing  collectors  of  excise 

Order  dismissing  the  petition  of  Thomas  Green  and 
others,  Baptists 

Order  dismissing  the  petition  of  John  Procter,  a  Bap- 
tist          

Order  appointing  a  joint  committee  to  consider  the 
Governor's  message  and  bring  in  a  bill  to  pre- 
vent corruption,  &c 

Order  instructing  the  committee  on  the  Governor's 
message,  &c.,  to  draught  an  answer  thereto  . 

Order  appointing  a  joint  committee  to  present  to  the 
Governor  an  answer  to  his  message 

Vote  appointing  a  joint  committee  on  the  Governor's 
njessage 

Order  appointing  a  joint  committee  to  report  a  plan 
for  finishing  the  Land  Bank,  &c. 

Order  directing  committee  on  finishing  the  Land 
Bank,  to  bring  in  a  bill 

Votes  to  raise  men  for  the  reduction  of  Canada    . 

Order  appointing  a  joint  committee  to  consider  what 
should  be  further  done  in  relation  to  the  ex- 
pedition against  Canada 

Order  appointing  a  joint  committee  to  present  a  mes- 
sage to  the  Governor 

Order  accepting  report  of  a  committee  fixing  pay  and 
bounty  of  men  in  the  exiiedition  against 
Canada         

Vote  offering  bounties  to  volunteers  in  the  expedition 
against  Canada 

Vote  granting  subsistence  to  enlisted  soldiers  until 
they  receive  the  army  allowance 

Vote  and  order  appointing  a  joint  committee  to  re- 
quest the  Governor  to  issue  his  proclamation 
to  encourage  the  expedition  against  Can- 
ada         

Vote  extending  the  time  for  enlistments,  and  the  pay- 
ment of  bounties  for  the  expedition  against 
Canada         

Order  appointing  a  joint  committee  on  the  Governor's 
message 

Vote  accepting  report  on  furrdshing  outfit  for  the 
men  and  providing  for  the  pay  of  chaplain 
and  surgeons  in  the  expedition  against  Can- 
ada  

Order  accepting  account  of  James  Russell,  commis- 
sioner of  stamp  duties 

Order  referring  the  Governor's  message  to  a  comnnttee, 
Order  accepting  the  report  of    the  committee    that 
medicine  cliests  be  provided  for  the  army 

Vote  applying  fines  of  soldiers  in  1756  to  raising  men 

for  tlie  expedition  against  Canada  . 
Order  appointing  a  joint  committee  to  present  a  mes- 
sage to  the  Governor 

Order  accepting  the  report  of  a  committee  that  ves- 
sels be  provided  to  transport  troops,  and  that 
carriages  be  provided  to  convey  baggage  of 

troops  going  by  land 

Vote  requesting  the  Governor  to  inform  the  General 
and  the  several  colonels  of  the  province 
troops  that  the  pay  of  the  troops  will  be  con- 
tinued until  Nov.  15,  1758 .  .  .  . 
Order  appointing  a  joint  committee  to  project  the 
scheme  of  a  lottery  for  the  government . 


Feb.  11,  17C5. 

Mar.  23, 1758. 
Mar.  17. 1758. 

Nov.  15, 1754. 

Nov.  13,  1754. 

Mar.  23, 1758. 

Mar.  24, 1758. 

Mar.  24,1758. 

Mar.  24, 1758. 

Mar.  10, 1758. 

Mar.  18,  1758. 
Mar.  13,  1758. 

Mar.  14,  1758. 
Mar.  15, 1758. 

Mar.  17,  1758. 
Mar.  18,1758. 
Mar.  22,1758. 

Mar.  22, 1758. 

Apr.  21,1758. 
Apr.  22, 1758. 

Apr.  24,1758. 

July  3,1756. 
Apr.  28,1758. 

Apr.  29,  1758. 

Apr.  29,  1758. 

Apr.  29, 1758. 

Apr.  29,  1758. 

Oct,  12, 1758. 
Mar.  20, 1758. 


1128 


Votes  a^d  Orders. 
Votes  and  Orders — Continued. 


Acts  relating  to  the 
general  subject-matter. 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


142 
142 

227 
227 

228 


228 
229 


229 


229 
230 

231 
231 
231 


231 
231 

231 

238 
238 

238 
239 

239 

239 

239 
210 

240 

240 

241 


1757-58 
1757-58 

1758-59 
1758-59 

1758-59 


1758-59 
1758-59 


1758-59  . 


1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 


1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 

1758-59  . 

1758-69  . 

1758-59  . 


Order  appointing  Mr.  Hall  a  manager  of  the  lattery 
in  the  place  of  Mr.  Tyng 

Vote  directing  the  managers  of  the  lottery  to  render 
their  accounts  to  the  treasurer  for  publica- 
tion        

Order  granting  £2, 17s.  2d.  to  John  Gorham  for  appre- 
hending deserters 

Order  appointing  a  joint  committee  to  devise  means 
to  execute  the  Governor's  orders  for  raising 
men,  &c 

Order  appointing  a  joint  committee  to  assist  the 
treasurer  in  borrowing  money  for  the  prov- 
ince        

Vote  electing  guardians  for  the  Indians 

Order  appointing  a  joint  committee  to  report  the  con- 
dition of  the  women  and  children  lately 
arrived,  belonging  to  the  army,  and  what 
shall  be  done  with  them 

Votes  accepting  the  reiiort  of  the  committee  on  wo- 
men and  children  belonging  to  the  army,  and 
appointing  a  committee  to  request  the  Gov- 
ernor to  order  them  to  be  received  in  the  bar- 
racks on  Castle  Island,  and  to  endeavor  to 
secure  their  support  by  the  contractor  for 
provisions  for  the  army,  or  his  agent 

Order  to  the  committee  on  women  and  children  of  the 
army,  to  sit  again 

Vote  accepting  report  of  the  committee,  and  order- 
ing a  joint  committee  thereby  api)ointed, 
to  send  away  women  and  children  of  the 
army,  and  granting  an  allowance  therefor     . 

Order  of  notice  to  the  first  jirecinct  in  Hadley  on  the 
petition  of  John  Nash  and  others    . 

Order  appointing  a  joint  committee  on  the  petition  of 
the  second  precinct  in  Hadley,  &c. 

Order  accepting  report  on  the  petition  of  the  sec- 
ond precinct  in  Hadley,  and  granting  the 
petitioners  leave  to  briug  in  a  bill,  and  appor- 
tioning the  expense  of  the  support  of  Daniel 
Smith  equally  between  Hadley  and  Am- 
herst       

Order  granting  leave  to  Benjamin  Houghton  and 
others  to  bring  iu  a  bill 

Order  appointing  a  joint  committee  on  the  jietilions 
of  George  Leonard  and  Benjamin  Jacob 

Order  adding  John  Gushing  to  the  comujittee  last 
nameil 

Vote  choosing  collectors  of  excise 

Orders  directing  collector  of  excise  not  to  prosecute 
Jonathan  Morton  and  John  Dickinson  for 
l)reach  of  excise  law 

Orders  directing  collector  of  excise  not  to  prosecute 
Timothy  Nash  and  Martyn  Phelps  for  breach 
of  excise  law 

Order  directing  collector  of  excise  not  to  prosecute 
Jeremiah  Green  for  breach  of  excise  law 

Vote  allowing  Daniel  Clarke  two  per  cent  addi- 
tional allowance,  as  collector  .... 

Order  remitting  excise  to  Philip  Masters 

Vote  of  thanks  to  the  Governor,  for  his  application  to 
the  Crown  for  reimbursement 

Order  appointing  a  joint  committee  to  carry  a  message 
to  the  Governor 

Vote  appointing  a  joint  committee  to  consider  and 
report  upon  the  Governor's  message  and  ac- 
companying letters     

Order  appointing  a  joint  committee  to  consider  the 
Governor's  message  and  stoppages  in  the 
muster  rolls,  and  report  thereon 


June  15,  1758, 

Oct.    10, 1759. 
Apr.  17, 1761. 

June    8,  1758. 


June  15,  1758. 
Oct.    10,  1758. 


Oct.     5, 1758. 


Oct.  7,  1758. 
Oct.    10,  1758. 

Oct.  13,  1758. 
June  8,  1758, 
Jan.     9,  1759, 


Jan.    12,  1750. 

June    8,  1758, 

Jan.  2G,  175^, 

Feb.     2,  ITnO. 
Mar.  [:0,  175 J, 

June    7,  1759, 

June    7,  1739, 

June  12, 1759. 

Jan.   24,  1700. 
Apr.  2(i,  1700. 

Mar.  28,  1750. 

Mar.  28,  1759. 

Apr.   12,  1759. 

Apr,  18, 1759. 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


1129 


ACTS  RELATING  TO  THE 
GENERAL  SUBJECT-MATTER 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


1758-59 
1758-59 


1758-59 
1758-59 


1759-60 
1759-60 
1759-60 
1759-60 


1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759  60  . 

1759-60  . 

1759-60  . 

1759-00  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 


32 
32 


32 
38 


Vote  granting  3s.  additional  premiums  to  enlisting- 
officers  

Order  accepting  report  of  committee  on  messa,G;e  to 
the  Governor,  and  apjiointing  a  committee 
to  present  the  same 

Vote  extending  the  time  for  enlistments 

Order  extending  the  time  for  drawing  the  lotteries 
and  disposing  of  tickets,  and  authorizing 
selectmen  of  Boston  to  expend  the  money, 
raised  by  lottery,  for  the  building  a  wall,  &"c. 

Vote  granting  £200  to  Governor  Pownall 

Order  remitting  fine  on  the  town  of  Berkeley 

Order  remitting  fine  and  granting  £10  to  Townshend  . 

Order  directing  Moses  Farnum  and  others,  Quakers, 
to  notify  certain  captains  of  the  militia  to 
appear  and  answer  at  the  General  Court,  and 
directing  the  constables  not  to  make  distress 
on  stich  Quakers,  <&c. 

Order  confirming  assessment  by  the  selectmen  of 
Littleton  and  empowering  the  constable  to 
collect  the  rates 

Vote  directing  constables,  &c.,  not  to  distress  for  tax 
on  Quakers,  &c 

Order  appointing  a  joint  committee  on  the  petition  of 
Moses  Farnum  and  others         .... 

Order  directing  tax  collectors  in  Boston  not  to  distrain 
for  the  tax  of  1759 

Vote  granting  £6(il,  13s.  4cl.  to  certain  towns  therein 
named,  ordering  abatements  to  persons  as- 
sessed, and  appropriating  balance  of  monies 
collected  of  Quakers 

Order  dismissing  the  petition  of  Moses  Farnum  and 
others 

Order  appointing  a  joint  committee  on  the  petition  of 
Hezekiah  Hall  of  Uxbridge       .... 

Order  directing  a  stay  of  execution  against  John  Sher- 
nian,  &c 

Order  dismissing  the  petition  of  Moses  Farnum  and 
others 

Order  granting  £20  to  the  town  of  Medway  . 

Order  granting  £10  to  the  town  of  Southborough 

Order  granting  £8  to  the  town  of  Uxbridge  . 

Order  directing  and  empowering  Hezekiah  Hall,  a 
constable  of  Uxbridge,  to  collect  taxes  on 
Quakers,  and  allowing  him  his  expenses 

Vote  directing  and  empowering  constables  of  Ux- 
bridge and  Mendon  to  collect  taxes  on  Qua- 
kers, and  allowing  them  their  costs 

Vote  ordering  the  town  of  Hanover  to  pay  £13,  2s.  4cl. 
to  Sylvanus  Wing 

Vote  referring  consideration  of  the  petitions  of  Moses 
Farnum  and  Samuel  Aldrich  to  the  next  ses- 
sion, and  staying  all  actions  in  the  mean  time. 

Vote  granting  amount  of  taxes  laid  on  Benjamin 
Thayer  and  Job  Hardy  to  Joseph  Benson, 
constable  of  Mendon 

Order  reviving  petition  of  the  town  of  Topsfield,  and 
granting  £10  to  said  town  .        .        . 

Order  directing  Jonas  Houlton  to  notify  non-resident 
proprietors  of  New  Salem  to  appear  and  an- 
swer at  the  General  Court         .... 

Order  appointing  a  committee  on  the  petition  of 
Joseph  Houlton 

Order  directing  notice  to  non-resident  proprietors  of 
plantation  No.  2  to  appear  at  the  next  session 
of  the  General  Court  to  answer  the  petition 
of  Joseph  Holden  and  others   .... 

Order  referring  to  a  joint  committee  the  petition  of 
Joseph  Holden  and  others        .... 


Apr.  18,  1759. 


Apr,  18, 1759. 
Apr.  24, 1759. 


Aug.  27,  1757. 
Apr.  24,  1760. 
Oct.  18,  1759. 
Feb.  2,  1760. 


Feb.  9, 1760. 

Feb.  12,1760. 

Fel).  12,  1760. 

Mar.  21,  1760. 

Mar.  28,  1760. 

Mar.  29, 1760. 

June  20, 1760. 

Dec.  20, 1700. 

Dec.  27,  1700. 

Dec.  27, 1760. 

Dec.  31,  17(!0. 

Jan.  2,  171.1. 

Jan.  6,  1761. 

Jan.  16,  1761. 

Jan.  19,1701. 

Apr.  17,  1761. 

Apr.  20,  1761. 

Nov.  28,  1701. 

Feb.  9, 1763. 

June  9,  1759. 

Jan.  5,  1760. 

Oct.  5,  1759. 

Jan.  9,  1760. 


1130 


Votes  and  Orders. 


Votes  and  Orders — Continued. 


Acts  eelating  to  the 
general  subject-mattee 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


340 

341 
341 
341 

341 

341 
342 

342 

342 
342 

342 

342 

343 

343 

343 

343 
343 

343 

344 


1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 

1759-60  . 


Order  accepting  report  of  the  committee  on  tlie  peti- 
tion of  Josepli  Holden  and  otlievs,  and 
directing  a  tax  of  ^  penny  per  acre  to  be  laid 
on  lands  of  the  non-resident  proprietors,  &c., 
for  the  support  of  a  minister,  and  empower- 
ing the  inhabitants  to  appoint  assessors  and 
collectors  of  said  tax 

Order  directing  notice  to  the  town  of  Westminster  to 
appear  and  answer  at  the  next  session  to  the 
petition  of  Joseph  Miller  and  others 

Order  reviving  the  petition  of  Joseph  Miller  and 
others,  and  confirming  votes,  &c.,  of  the 
inhabitants  of  the  district  of  Westminster    . 

Order  directing  notice  to  the  resident  proprietors  of 
Westminster,  to  appear  at  the  next  session 
to  answer  the  petition  of  the  non-resident 
proprietors,  and  staying  the  sale  of  lands, 
by  the  proprietors'  committee  in  the  mean 
time 

Order  referring  the  further  consideration  of  the  peti- 
tion of  the  non-resident  proprietors  of  West- 
minster, to  the  next  session,  and  staying  the 
sale  of  lands  in  the  mean  time 

Order  referring  to  a  committee,  the  petition  of  Heze- 
kiah  Gates  and  others,  proprietors  of  the 
distiict  of  Westminster 

Order  accepting  report  of  the  committee  on  the  peti- 
tion ol  the  proprietors  of  Westminster,  and 
setting  aside  the  tax  on  non-resident  pro- 
prietors          

Order  of  notice  to  the  proprietors  and  inhabitants  of 
the  East  Wing  of  Rutland  to  appear  and  show 
cause,  at  the  next  session,  on  the  petition  of 
Benjamin  Houghton  and  others 

Order  referring  to  a  joint  committee,  the  petition  of  B. 
Houghton  and  others,  and  the  answer  thereto, 

Order  accepting  report  of  committee  on  petition  of  B. 
Houghton  and  others,  and  appointing  new 
joint  committee  to  view  the  premises  and 
report 

Order  of  notice  to  non-petitioning  proprietors  to 
show  cause  at  the  next  session  on  the  peti- 
tion of  the  inhabitants  and  proprietors  of 
Princetown 

Vote  empowering  the  assessors  of  Brimfleld,  and  the 
assessors  of  Rutland,  to  assess  the  inhabit- 
ants of  Monson  and  Princetown,  respectively, 

Order  referring  to  a  joint  committee,  the  petition 
of  Abijah  Moore  and  others  and  the  answer 
thereto 

Order  accepting  report  of  committee  and  directing 
that  a  tax  of  twopence  per  acre  be  assessed 
for  three  years  on  all  the  lands  in  Princetown, 

Vote  granting  the  petition  of  Zachariah  Harvey,  and 
remitting  the  province  tax  on  the  district  of 
Princetown 

Order  of  notice  to  Zachariah  Harvey  on  petition  of 
inhabitants  of  Princetown        .... 

Order  referring  to  a  joint  committee,  petition  of  inhab- 
itants of  Princetown  and  the  answer  of  Zach- 
ariali  Harvey 

Order  referring  memorial  of  selectmen  of  Princetown 
to  the  joint  committee  on  the  petition  of  the 
inhabitants  of  said  Princetown 

Order  accepting  the  report  of  the  joint  committee  on 
the  petition  of  the  inhabitants  of  Princetown, 
confirming  proceedings  at  their  March  meet- 
ing, and  directing  the  assessors  to  make  a  list 
and  valuation  of  estates  there  .... 


Feb.  8,  1760. 
Nov.  18, 1761. 
Jan.  22,  1762, 

June  5,  1762. 

Sept.  16,  1762. 
Jan.  20,  1763. 

Jan.   29, 1763. 

Feb.  8,  1759. 
June    8, 1759. 

June    9,  1759. 

June    4,  1760, 

June  12, 1760. 

Dec.  24,  1760. 

Dec.  31,  1760. 

Jan.  16,  17G1. 
Apr.     7,  1761. 

June    9, 1761. 

June  10,  1761. 

June  13, 1761. 


Votes  and  Orders. 

Votes  and  Orders — Continued. 


1131 


Acts  relating  to  the 

GENEEAIi  8UBJECT-MATTEK. 

SUBJECT  OP  THE  VOTE,  ETC. 

Date. 

1 

Tear. 

Chapter. 

344 

1759-60  . 

7    . 

Order  of  notice  to  the  town  and  first  parish  of  George- 
town, to  show  cause  at  the  next  session  upon 
the  petition  of    the  proprietors  of  Neguas- 
set 

June    9,  1759. 

344 

1759-CO   . 

10    . 

Vote  empowering  the  managers  of  the  Sudbury  lot- 
teries to  apply  part  of  the  proceeds  thereof 
towards  repairing   two    causeways  in  Sud- 
bury       

Nov.    6,1759. 

344 

1759-60  . 

14    . 

Vote   directing    the  commissary  general  to  provide 
fuel,  &c.,  to  190  men  of 'the  Royal  Scots 

Dec.  24,1760. 

349 

1759-60  . 

17    . 

Vote  accepting  report  of  committee  on  the  Governor's 
speech  

Jan.  25, 17G0. 

349 

1759-60   . 

17    . 

Vote  directing  that  notes  by  the  treasurer,  to  lenders 
of  money  for  bounties,  bear  date  Feb.  13, 
1760 

Feb.  13, 1760. 

349 

1759-60   . 

22 

Order  on  the  petition  of  Elnathan  Rew  and  others 
that  the  petitioners  be  annexed  to  the  upper 
parish  of  Sheffield 

Jan.  21,  1760. 

350 

1759-60   . 

23    . 

Order  granting  liberty  to  the  comTnittee  of  Kennebec 
Purchase,  petitioners,  to  bring  in  a  bill  . 

Jan.  30, 1760. 

351- 

1759-60   . 

25    . 

Order  appointing  a  joint  committee  on  the  petition  of 
William  Stoddard  and  others,  late  directors 
of  the  Laud  Cauk,  &c 

Jan.     4,  1760. 

351 

1759-60   . 

25    . 

Vote  accepting  report  of  the  committee  on  the  Land 
Bank,  and  appointing  managers  thereof 

Feb.     8,  1760. 

351 

1759-60  . 

25    . 

Vote  authorizing  the   manaizers  of    the  Land-Bank 
lottery  to  take  unsold  tickets  and  to  account 
for  the  same  as  therein  directed 

June  12, 1700. 

351 

1759-60  . 

25    . 

Order  appointing  a  joint  committee  on  the  petition  of 
Samuel  Stevens,  partner  in  the  late  Laud 
Bank 

Apr.  17,  1761. 

352 

1759-60   . 

25    . 

Order  substituting  John  Newman  for  Jerathuieel  Bow- 
ers on  the  committee  upon  the  petition  of 
Samuel  Stevens 

Apr.  20,1761. 

352 

1759-60   . 

25    . 

Order  accepting  report  of  the  committee  on  the  peti- 
tion of  Samuel  Stevens  that  tlie  considera- 

tion thereof   be  referred   to  the    next    ses- 

sion        

Apr.  21,  1761. 

352 

1759-60   . 

25    . 

Order  reviving  the  petition  of  Samuel   Stevens  and 
appointing    a    new  joint    committee    there- 
on  

July     7,  1701. 

352 

1759-60   . 

25    . 

Order  extending  the  time  for  carrying  on  the  Land- 
Bank  lottery  atid  directing  the  commissioners 
to  suspend  their  assessments    .... 

Nov.  25,  1761. 

r.51 

1759-60   , 

28    . 

Vote  choosing  collectors  of  excise 

Mar.  25,  17()0, 

354 

1759-60   . 

28    . 

Order  granting  Daniel  Epes,  Jr.,  collector  of  excise, 
one  per  cent  additional 

June  11,  1760. 

354 

1759-60  . 

28    . 

Order  remitting  £5,  Qs.  M.,  excise,  to  Matthew  Pat- 
ten          

Dec.  22,  1700. 

355 

1759-60  . 

28    . 

Vote  empowering  Daniel  Clark  to  finish  his  collections 
in  the  county  of  York  notwithstanding  tlie 
division  of  said  county 

Jan.   10,  1761. 

355 

1759-60   . 

28    . 

Vote  exempting  Jonathan  White  from  penalties,  upon 
his  paying  excise 

Jan.   14, 1761. 

355 

1759-60   . 

28    . 

Order  gi-anting  John  Gushing,  Jr.,  collector  of  excise, 
one  per  cent  additional 

Jan.   17,  1761. 

355 

1759-00   . 

28    . 

Vote  granting  John  Remington,  collector  of  excise, 
one  per  cent  additional 

Jan.    19,  1761. 

355 

1759-60   . 

28    . 

Vote  choosing  collectors  of  excise 

Mar,  26,  17(il. 

353 

1759-60   . 

28    . 

Vote  exempting  John  Larraliee  from  the  payment  of 
excise  on  liquors  sold  at  Castle  William 

Apr.   18,  17(>1. 

356 

1759-60  . 

28    . 

Order  remitting  province's  part  of  fines  laid  on  Jacob 
Joy 

Feb.     6,  1762. 

35G 

1759-60   . 

28    . 

Order  discharging  Samuel  Lee  from  the  province's 
part  of  the  penalty  for  sale  of  liquors 

June  15,  1762, 

357 

1759-60  . 

28    . 

Order  discharging  Joseph  Clark  from  the  province's 
part  of  tlie  penalty  for  sale  of  liquors 

June  15,  1762. 

357 

1759-60   . 

28    . 

Order  discharging  James  Saxton  from  the  province's 
part  of  the  penalty  for  sale  of  liquors 

June  15, 1762, 

1132 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


Acts  relating  to  the 
general  sdbject-ma.ttee 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


1759-60  . 

1759-60  . 

1759-60  . 

1759-€0  . 

1759-60  . 


1759-60 
1759-60 


1759-60 


1759-60  . 
1759-60  . 

31 
31 

1759-60  . 

31 

1759-60  . 

35 

1759-60  . 

38 

1759-60  . 

38 

1759-60  . 

39 

1759-60  . 

39 

1759-60  . 

39 

1759-60  . 

39 

1759-60  . 

39 

1759-60  . 

39 

1759-60  . 

39 

1759-60  . 

40 

1760-61  . 

3 

1760-61  . 

7 

1760-61  . 

7 

1700-61  . 

7 

1760-61  . 

7 

1760-61  . 

10 

1760-61  . 

11 

1760-61 


11 


Vote  appointing  joint  committee  on  the  Governor's 
message 

Order  appointing  a  joint  committee  on  the  petition  of 
Charles  Paxton 

Order  directing  the  committee  above  named  to  sit 
forthwith 

Order  accepting  report  of  committee  on  the  petition  of 
Charles  Paxton,  and  dismissing  said  petition, 

Order  empowering  the  committee  appointed  to  lay 
out  streets  in  Boston,  to  make  the  alteration 
asked  for  in  the  petition  of  James  Daltou, 
and  also  to  consider  the  petition  of  Francis 
Borland  and  others 

Order  of  notice  on  a  petition  of  Cornelius  Tarbell 

Order  referring  to  a  joint  committee,  the  petition  of 
Cornelius  Tarbell  and  the  answer  of  Eben- 
ezer  Nourse  and  otbers 

Order  accepting  the  report  of  the  committee  and  grant- 
ing leave  to  Cornelius  Tarbell  to  bring  in  a  bill, 

Order  of  notice  on  tlie  petition  of  John  Turner    . 

Order  referring  to  a  joint  committee,  the  petition  of 
John  Turner  and  the  answer  of  Timothy 
Fuller .        . 

Order  referring  consideration  of  the  petition  of  John 
Turner  to  the  next  session        .... 

Order  granting  leave  to  Daniel  Farnham  to  bring  in  a 
bill  for  a  lottery,  &c. 

Order  of  notice  on  the  petition  of  Nathaniel  Bartlett 
and  others 

Order  granting  leave  to  Nathaniel  Bartlett  and  others 
to  bring  in  a  bill 

Order  of  notice  on  the  petition  of  James  Merick  and 
others 

Order  appointing  a  joint  committee  on  the  last  named 
petition  and  the  answer  thereto 

Order  accepting  a  report  of  the  committee  and  dis- 
missing the  above  petition        .... 

Order  referring  to  a  joint  committee,  the  petition  of 
the  inhabitants  of  the  westerly  part  of  Brim- 
field       

Order  accejiting  report  of  committee  and  granting 
petitioners  liberty  to  bring  in  a  bill 

Order  of  notice  to  proprietors  on  the  petition  of  the 
district  of  Monson 

Order  of  notice  to  non-resident  proprietors,  on  the 
petition  of  the  district  of  Monson     . 

Vote  for  enlisting  500  men  to  relieve  the  forces  at 
Louisbourg,  &c.,  and  providing  for  their  pay, 
bounty,  transportation,  &c.,  and  for  the  ap- 
pointment of  ofhcers  therefor   .... 

Vote  directing  the  secretary  to  prepare  a  copy  of  a 
letter  to  Mr.  Agent  Bollan        .... 

Order  appointing  a  joint  committee  on  the  petition  of 
tlie  town  of  Falmouth  for  the  division  of  the 
county  of  York 

Order  of  notice  on  tlie  petition  last  named  to  the 
towns  and  districts  in  the  county  of  York     . 

Vote  appointing  a  joint  committee  on  dividing  the 
county  of  York 

Order  dismissing  the  petition  of  the  selectmen  of 
Brunswick  for  defining  the  bounds  of  the 
county  of  Cumberland 

Order  to  the  secretary  to  prepare  a  draught  of  instruc- 
tions to  Mr.  Agent  Trecothick  .... 

Vote  granting  £1,100  to  the  town  of  Boston  in  lieu  of 
abatement  of  tax  on  account  of  their  losses 
by  tire 

Order  directing  stay  of  execution  against  John  Sher- 
man for  £4,  19s.  3d.  tax 


Mar.  25, 1760. 

Apr.  24,  1700. 

Apr.  24,  1760. 

Apr.  25, 1700. 


Dec.  27,  1700. 
Jan.  12,  1759. 


Mar.  19,  1759. 

Mar.  23,  1759. 
Feb.  13, 1759. 


Mar.  9,  1759. 
Mar.  23, 1759. 
Apr.  18,  1760. 
Jan.  9, 1760. 
Apr.  18,  1760. 
June  7,  1759. 
Jan.  14, 1760. 
Jan.  17, 1760. 

Apr.  19, 1760. 
Apr.  22,  1760. 
June  12,  1762. 
Jan.  13,  1763. 

Apr.  26, 1760. 
June  20,  1700. 

Jan.  22,  1700. 
Feb.  13,1700. 
June  10, 1760. 

June  10,  1701. 
June  20, 1700. 

June  19,  1760. 
Dec.  27, 1760. 


Votes  akd  Orders. 
Votes  and  Orders — Continued. 


1133 


Acts  relating  to  the 
general  subject-matter 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


1760-61  . 

1760-61  . 

1760-61  , 

1760-61  . 

1760-61  . 

1760-61  . 

1760-61  . 

1760-61  . 
1760-61  . 
1760-61  . 

14 
15 
16 

1760-61 


1760-61 


1760-61 


1760-61 


1760-61 


1760-61 


16 


16 


16 


16 


1760-61  . 

16 

1760-61  . 

16 

1700-61  . 

16 

1760-61  . 

16 

1760-61  . 

16 

1760-61  . 

16 

1760-61  . 

16 

1760-61  . 

16 

1760-61  . 

16 

16 


16 


Order  granting  £10  in  remission  of  a  fine  on  the  town 
of  Raynham 

Vote  empowering  Nehemiah  Curtis  and  John  Snow 
to  collect  taxes  in  Haqjswell    .... 

Vote  confirming  the  choice  of  Abiel  Sadler  as  con- 
stable of  Upton 

Order  granting  £10  in  remission  of  a  fine  on  the  town 
of  Falmouth 

Order  granting  £12  in  remission  of  a  fine  on  the  town 
of  Hardwick 

Vote  confirming  sales  of  land  by  the  assessors  of 
Falltown 

Order  discharging  the  constables  of  "Wrentham  from 
1751  to  1760,  from  taxes  assessed  on  polls  and 
estates  set  off  to  Rhode  Island 

Vote  granting  £300  to  Governor  Bernard 

Order  declaring  void  certain  lottery  tickets  . 

Vote  appointing  a  joint  committee  on  the  Governor's 
speech  

Order  referring  to  the  joint  committee  on  the  Gov- 
ernor's speech,  petitions  of  Edmund  Quiucy 
and  others 

Order  referring  to  the  next  session,  the  petition  of 
Jeremiah  and  Samuel  Osborne,  and  exempt- 
ing the  petitioners  from  arrest,  &c.,  in  the 
mean  time 

Order  referring  to  the  next  session,  the  petition  of 
Edmund  Quiiicy  and  others,  and  exemjiting 
the  petitioners  from  arrest,  &c.,  in  the  mean 
time 

Order  referring  to  the  next  session,  the  petition  of 
Stephen  Whiting,  and  exempting  the  peti- 
tioner from  arrest,  &c.,  in  the  mean  time 

Order  referring  to  a  joint  committee,  the  petition  of 
John  Phillips,  ,Tr 

Order  referring  to  the  next  session,  the  petition  of 
Edmund  Qnincy  and  others,  and  exempting 
the  i^etitioners  from  arrest,  &c.,  in  the  mean 
time 

Order  referring  to  the  next  session,  the  petition  of 
Jeremiah  and  Samuel  Osborne,  and  exempt- 
ing the  petitioners  from  arrest,  &c.,  in  the 
mean  time 

Order  referring  to  the  next  session,  the  petition  of 
Stephen  Whiting,  and  exempting  the  peti- 
tioner from  arrest,  &c.,  in  the  mean  time 

Order  apjiointing  John  Cusliing  upon  the  committee 
on  the  petition  of  John  Phillips,  Jr.,  iu  place 
of  Stephen  Sewall 

Order  referring  the  petition  of  James  Haywood  to 
the  committee  on  the  petition  of  John  Phil- 
lips, Jr. 

Order  referring  to  the  next  session,  the  petition  of 
Enos  How,  and  exempting  the  petitioner 
from  arrest,  &c.,  in  the  mean  time  . 

Order  referring  to  the  next  session,  the  report  of  the 
committee  on  the  petition  of  James  Hay- 
wood, and  exempting  the  petitioner  from 
arrest,  &c.,  in  the  mean  time    .... 

Order  referring  to  the  next  session,  the  report  of  the 
committee  on  the  petition  of  John  Phillips, 
Jr.,  and  exempting  the  petitioner  from 
arrest,  &c.,  in  the  mean  time    .... 

Order  referring  to  the  next  session,  the  report  of 
the  committee  on  the  petition  of  Thomas 
Walker,  and  exempting  the  petitioner  from 
arrest,  &c.,  in  the  mean  time   .... 

Order  referring  to  a  joint  committee,  the  petition 
of  Archibald  Laws 


Dec.  27,1760. 

Dec,  31,  1760. 

Jan.  23,  1761. 

Feb.  6, 1762. 

Feb.  9,  1762. 

Mar.  3,  1762. 

Jan.  22,  1763. 
Aug.  15,  1760. 
Jan.  22,  1761. 

Oct,  4, 1759. 
Oct.   4,  1759. 

Nov.  8,  1759. 

Nov.  8,  1759. 

Nov.  8,  1759. 
Jan,  4,  1760, 

Jan.  10,  1760, 

Jan.  10, 1760. 
Jan.  10,  1760. 
Jan.  11,  1760. 
Jan.  11,  17G0. 
Jan.  19,  1700. 

Jan.  21, 1700. 

Jan.  22,  1700. 

Jan.  23,  1700. 
Mar.  22,  1760. 


1134 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


Acts  kelating  to  the 
geneeal,  slbjeci-5iatteb. 


Chapter. 


445 

445 
446 

446 

446 

446 

448 
448 

449 

449 

449 

449 

450 

450 
450 

450 

450 
450 
450 

451 

542 

542 

543 
543 


1760-61  . 

1760-61  . 
1760-61  . 

1760-61  . 

1760-61  . 

1760-61  . 

1760-61  . 
1760-61   . 

1700-61  . 

1760-61  . 

1760-61   . 

17C0-01    . 

1700-61   . 

1760-61  . 
1760-61   . 

1760-61   . 

1760-61  . 
1760-61  . 
1760-61  . 

1760-01  . 

1761-62  . 

1761-62  . 

1701-62  . 
1761-62  . 


33 

33 

33 
33 
33 

34 

3 


SUBJECT  OF  THE  VOTE,  ETC. 


Order  referring  to  the  next  session,  the  report  of  tlie 
committee  on  the  ]ietition  of  Arcliibald  Laws, 
and  exempting  tlie  petitioner  from  arrest, 
&c.,  in  the  mean  time 

Order  referring  to  the  next  session,  the  petitions  of 
bankrupts,  and  exempting  the  petitioners 
from  arrest,  &c.,  in  the  mean  time  .     _  . 

Votes  referring  to  the  next  session,  the  petitions  of 
Thomas  Cooper  and  Josei^li  Grant,  and  ex- 
empting the  petitioners  from  arrest,  &c.,  in 
the  mean  time 

Vote  ordering  the  continuance  of  actions  against  com- 
missioners, a^isignees,  and  former  debtors,  of 
bankrupts,  until  tlie  next  session  of  the  Gen- 
eral Court 

Vote  ordering  the  continuance  of  actions  against  com- 
missioners, assignees,  and  former  debtors,  of 
bankrupts,  until  the  next  session  of  the  Gen- 
eral Court 

Vote  ordering  the  continuance  of  actions  against  com- 
missioners, assignees,  and  former  delators,  of 
bankrupts,  until  the  next  session  of  the  Gen- 
eral Court 

Vote  appointing  a  joint  committee  to  bring  in  a  bill   . 

Order  directing  Jedidiah  Preble  and  William  Lithgow 
to  carry  on  tlie  truck  trade,  &c. 

Order  appointing  a  joint  committee  to  revise  the  sab- 
bath laws 

Order  directing  the  secretary  to  cause  the  bill  for  the 
due  oljservance  of  the  Lord's  Day  to  be 
printed  and  distributed 

Order  directing  Samuel  Parris  to  hold  unsold  lottery 
tickets  for  the  benefit  of  the  town  of  Sudbury 
and  to  repair  causeway,  &c.,  with  the  profits 
thereof 

Order  directing  Samuel  Parris  to  hold  unsold  lottery 
tickets  for  the  benefit  of  the  town  of  Sudbury 
and  to  repair  causeway,  &c.,  with  the  iDrotits 
thereof 

Order  on  tlie  petition  of  Jacob  Wendell  appointing  a 
joint  committee  to  view  and  make  report 
upon  the  streets  in  that  part  of  Boston 
destroyed  by  tire 

Order  accepting  the  rej^ort  of  the  committee  last 
named,  and  granting  leave  to  the  petitioners 
to  bring  in  a  bill 

Order  of  notice  on  the  petition  of  sundry  towns  in  the 
county  of  Hampshire,  for  the  division  of  said 
county  

Order  appointing  a  joint  committee  on  the  petition 
last  named 

Order  enlarging  said  committee 

Vote  accepting  the  report  of  said  committee 

Vote  appointing  Mark  Hopkins,  treasurer  of  the 
county  of  Berkshire 

Order  appointing  a  joint  committee  to  bring  in  bills, 
incorporating  sundry  towns  .... 
Order  appointing  a  joint  committee  to  report  amend- 
ments to  the  bill  for  drawing  into  the  treas- 
ury the  province's  share  of  the  parliamentary 
grant,  and  accepting  the  report  of  said  com- 
mittee   

Order  directing  the  secretary  to  write  to  Mr.  Agent 

BoUan  to  apply  parliamentary  grant  to  the 

payment  of  bills  of  exchange    .        .        .        . 

Vote  empowering  the  precincts  of  Rehoboth  to  sell  and 

re-invest  the  proceeds  of  ministry  lands 
Vote  granting  feave  for  bringing  in  a  biU  for  investing 
money  fbx^the  support  of  the  ministry,  in  the 
second  precinct  of  Rehoboth    .        ,        .        . 


Mar.  20,  1700. 
Mar.  26,  17C0. 

Apr.  22, 1760. 

Apr.  24, 1700. 

June    4, 1760. 

Aug.  15,  1760. 
Jan.   20,  1761. 

Jan.  31,  1701. 

Dec.   18,  1760. 

Jan.   28,  1761. 

Nov.  19,  1701. 

Jan.  16, 1702. 

Apr.     6, 1761, 
Apr.  16,  1761. 


Jar     15,  1761. 


Apr.  8,  1701. 

Apr.  9,  1701. 

Apr.  14,  1761. 

Feb.  8, 1762. 

Apr.  7, 1761. 


Apr.  21,  1761. 

July  11, 1701. 
Mar.  28,  1700. 

June  19, 1761. 


Votes  and  Orders. 


1135 


Votes  and  Orders — Continued. 


Acts  relating  to  the 
general  subject-matter. 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


1761-02 
1761-62 
1761-62 
1761-62 
1701-62 
1761-62 
1701-02 

1701-02 

1701-62 
1701-02 
1761-62 
1761-62 
1701-02 
1701-02 
1761-62 

1761-62 


1701-02 
1701-02 
1701-02 

1701-02 

1761-62 
1761-62 
1701-02 

1701-02 

1701-02 

1701-02 
1701-02 

1701-02 


1701-62 
1761-62 
1761-62 
1761-62 
1761-62 
1761-62 


20  . 

21  . 
21    . 

23  . 

24  . 
24    . 

24    . 

24    . 

24    . 

24    . 
24    . 

24    . 


24    . 

24  . 

25  . 

26  . 

28  and  29, 
28  and  29, 


Order  appointing  a  joint  committee  on  the  petition  of 
Coldspring 

Order  on  the  petition  of  Coldspring  granting  the  peti- 
tioners leave  to  bring  in  a  bill . 

Order  of  notice  on  the  petition  of  the  towu  of  Shiitei;- 
bury 

Order  laying  a  tax  of  one  penny  per  acre  for  seven 
years  on  the  unimproved  lands  of  Shuteshnry, 

Order  explaining  the  order  of  Jan.  27,  170_',  laying  a 
tax  on  unimproved  lands  in  Shutesbnry 

Order  on  the  petition  of  the  town  of  Hin.uliain  givint-  { 
iug  the  petitioners  leave  to  bring  in  a  liill,      / 

Order  of  notice  to  the  town  of  Sudbury^  on  tli(!  peti- 
tion of  Ebenezer  Robyand  others  of  the  cast 
congregation  of  Sudbury 

Vote  remitting  £31,  Is.  Tel.  tax,  to  the  town  of  Rut- 
land and  adding  the  same  to  the  tax  on 
Princetown  for  the  year  1702    .... 

Order  taking  off  £21,  9s.  8Jd.  from  the  tax  on  Nutick 
and  adding  the  same  to  the  tax  on  Nccdliiim, 

Order  that  £132,  5s.  5d.  be  assessed  on  Sunderhind 
instead  of  £207,  5s.  5d 

Order  that  £253, 15s.  be  assessed  on  Brooklyn  instead 
of  £361,  5s 

Order  fixing  the  rate  of  assessment  on  the  towns  of 
Brooklyn  and  Sunderland         .... 

Order  of  notice  to  the  non-resident  prof)rieturs  of 
Ware-River  parish 

Order  on  the  foregoing  petition  granting  leave  to  the 
petitioners  to  bring  in  a  bill      .... 

Order  granting  the  petition  of  the  iiroiuMetors  of 
Phillipstown  and  giving  them  leave  to  bring 
in  a  bill 

Order  referring  to  the  next  session,  the  consideration 
of  the  bill  to  annul  a  division  of  common 
lands  in  Phillipstown,  and  directing  public 
notice  to  be  given  thereof 

Vote  for  engrossing  the  above-named  act 

Order  appointing  a  joint  committee  to  bring  in  a  hill  . 

Order  referring  to  the  committee  last  named,  the  peti- 
tion of  Edward  Hartwell  and  others 

Order  appointing  a  joint  committee  on  the  Governor's 
speech  

Vote  choosing  collectors  of  excise 

Vote  choosing  collectors  of  excise 

Vote  choosing  collector  of  excise  for  the  county  of 
York      , 

Order  remitting  province's  part  of  fine  laid  on 
Thomas  Merryman 

Order  remitting  fine  on,  and  authorizing  collector  to 
discontinue  suit  against,  Eliakim  Sacket 

Vote  choosing  collectors  of  excise 

Order  empowering  the  General  Sessions  in  Essex 
County,  to  grant  a  license  to  William  Vans  . 

Order  empowering  the  General  Sessions  in  Essex 
County,  to  grant  licenses  to  Benjamin  Osgood 
and  John  Felt 

Order  empowering  the  General  Sessions  in  Middlesex 
County,  to  grant  a  license  to  Hugh  Floyd 

Order  empowering  the  General  Sessions  in  Suffolk 
County,  to  grant  a  license  to  David  Thompson, 

Vote  choosing  James  Kussell  commissioner  of  im- 
post         

Order  granting  liberty  to  Benjamin  Lynde  and  others 
to  bring  in  a  bill 

Order  appointing  a  joint  committee  to  consider  the 
Governor's  speech  and  message 

Order  granting  £10  to  John  Worthington  for  his  ser- 
vices as  attorney  for  the  Crown        .        . 


Apr.  4,  1701. 

Apr.  10,  1701. 

Nov.  20,  1761. 

Jan.  27,  1702. 

Feb.  8,  1703. 
Apr.  8,  1701. 
Apr.  10,  1701. 

June  27,  1701. 

Nov.  24, 1701. 
Nov.  20,  1761. 
Feb.  2,  1702. 
Feb.  16,1762. 
Feb.  16,1762. 
June  2, 1761. 
Nov.  17, 1701. 

June    4, 1761. 


July  9, 1701. 
Nov.  26,  1761. 
Nov.  17, 1701. 

Nov.  25, 1761. 

Jan.  14,  1702. 
Feb.  5,  1702. 
Jan.  20, 1703. 

May  28,  1763. 

June    3,  1763. 

Jan.  13,  1764. 
Jan.   18,  1764. 

Nov.    1,  1764. 


Nov.  2, 1764 
Jan.  25,1765. 
Feb.  15,1765. 
Feb.  5, 1762. 
Jan.  22, 1762. 
Nov.  19, 1761. 
Feb.  12, 1702. 


1136 


Votes  and  Okders. 

Votes  and  Orders — Continued. 


Acts  relating  to  the 

GENERAL  SDBJECT-MATTER. 

StTBJECT  OF  THE  VOTE,  ETC. 

Date. 

Year. 

Chapter. 

559 

1761-62  . 

28  and  29, 

Vote  choosing  three  persons  to  countersign  the  treas- 
urer's notes 

Feb.  23,1702. 

559 

1761-62  . 

28  and  29, 

Order  voting  pay  to  the  persons  cliosen  to  countersign 
the  treasurer's  notes 

Feb.   23,  1762. 

559 

1761-62  . 

28  and  20, 

Order  granting  £37,  8s.  to  John  Ryder  to  reimburse 
him  for  money  paid  on  a  forged  receipt  of  the 
treasurer 

Apr.  20,  1762. 

560 

1761-02  . 

30    . 

Order  appointing  a  joint  committee  on  the  petition  of 
Timothy  Walker  and  others,  assessors  of  the 
tirst  parisli  of  Rehoboth 

Nov.  18,  1701. 

560 

1761-62  . 

30    . 

Order  accepting  the  report  of  the  committee  on  the 
petition  of  Timothy  Wallicr  and  others,  and 
ratifying  votes  and  doings  of  tlie  first  parish 
in  Rehoboth,  and  empowering  tlie  assessors 
of    the  said  first    parish  to    assess  certain 
taxes     

Nov.  20,  1761. 

661 

1761-62  . 

32    . 

Vote  accepting  the  report  of  the  joint  committee  on 
the  affair  of  the  Mohawks,  &c. 

Oct.      9, 1751. 

561 

1761-62  . 

32    . 

Order  appointing  a  joint  committee  to  j-eport  a  plan 
for  redeeming  captives  in  the  hands  of  the 

French  and  Indians,  and  for  encouraging  the 

propagation  of  the  gospel  among  the  Indi- 

ans          

May   20,  1701. 

562 

1761-62  . 

32    . 

Order  appointing  a  joint  committee  on  the  petition  of 
Eleazer  Wheelock 

Nov.  14,  1701. 

562 

1761-62  . 

32   . 

Vote  allowing  Eleazer  Wheelock  to  board,  clothe,  and 
educate,  six  Indian  children,  and  defraying 
the  expense  thereof 

Nov.  23,  1701. 

562 

1761-62  . 

32    . 

Order  granting  liberty  to  Andrew  Oliver  and  others 
to  bring  in  a  bill 

Jan.  20, 1702. 

563 

1761-02  . 

32    . 

Order  appointing  a  joint  committee  on  the  memorials 
of  Eleazer  Wheelock  and  others 

Jan.  21,  ITOJ. 

56i 

1701-02  . 

33    . 

Order  of  notice  to  the  town  of  Edgartown  upon  the 
petition  of  Tisbury  and  Chilmark     . 

Nov.  20,  1701. 

564 

1701-02  . 

33    . 

Order  appointing  a  joint  committee  upon  the  above 
petition  and  the  answer  of  the  town  of  Edgar- 
town      

Jan.   22,  17C2. 

564 

1761-02   . 

33    . 

Order  substituting  John  Choate,  for  Benjamin  Lynde, 
on  the  last  named  committee    .... 

Feb.     0,  1762. 

565 

1701-02   . 

33    . 

Vote  accepting  report  of  the  committee  on  the  petition 
of  Tisbury  and  Chilmark  and  granting  the 
petitioners  leave  to  bring  in  a  bill    . 

Feb.     0,  1702. 

565 

1701-62   . 

34    . 

Order  adjourning  the  terms  of  the  court  of  sessions 
and  the  court  of  common  pleas  in  the  county 
of  Hampshire 

Feb.  11,  1702. 

565 

1761-62   . 

36    . 

Order  appointing  a  joint  committee  upon  the  petition 
of  inhabitants  of  Biddeford       .... 

Mar.  27,  ITOL 

565 

1761-62   . 

36    . 

Order  referring  the  consideration  of  the  report  of  the 
committee  upon  the  petition  of  inhabitants 
of  Biddeford,  to  the  next  session,  ami  direct- 
ing that  notice  thereof  be  published 

Apr.  15,  1701. 

505 

1761-62   . 

36    . 

Order  appointing  a  joint  committee  upon  the  petition 
of  inhabitants  of  Biddeford       .... 

June  11, 1701. 

566 

1701-02   . 

36    . 

Order  accepting  the  report  of  said  committee  and  di- 
recting notice  of  the  i^etition  of  Biddeford,  to 
be  given  to  the  several  towns  in  the  county 
of  York 

June  13,  1701. 

566 

1761-62   . 

36    . 

Order  of  notice  upon  the  petition  of  the  town  of 
Wells 

June  10,  1701. 

566 

1761-02   . 

36    . 

Order  reviving  tlie  petition  of  the  town  of  Wells  and 
referring  to  a  joint  committee,  said  petition 
■with  the  answers  thereto 

Feb.    10,1702. 

566 

1701-02   . 

36    . 

Order  reviving  the  jietitiou  of  the  town  of  Biddeford 
and  referring  to  a  joint  committee,  said  peti- 
tion with  the  answers  thereto  .... 

Feb.   11,  1702. 

566 

1701-02  . 

39    . 

Vote  for  engrossing  the  bill  for  granting  bounties  up- 
on wheat  and  flour 

Feb.  20,  1702. 

560 

1701-02   . 

45    . 

Order  of  notice  upon  the  petition  of  the  town  of  Tem- 
pleton 

Jan.   24,  1703. 

Votes  and  Orders. 


1137 


Votes  and  Orders — Continued. 


Acts  relating  to  the 
general  subject-matter, 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


1761-G2  . 

17G1-62  . 

17(n-G'J  . 

17G1-G2  . 

17G1-G2  . 

17G2-G3  . 

17G2-G3  . 

17G2-G3  . 

17G2-G3  . 

17G2-G3  . 

17G2-G3  . 

17G2-63  . 

17G2-G3  . 

17G2-G3  . 

17G2-G3  . 

17G2-G3  . 

17G2-G3  , 

17G2-G3  . 


17G2-G3  . 

17G2-63  . 

17G2-63  . 

17G2-G3  , 

17G2-G3  . 

17G2-G3  . 

1762-G3  . 

1762-63  . 


45 
47 

48 
48 
48 

2 
2 


10 

10 
10 


11 
11 

12 
12 

12 
12 
12 
17 


Order  imposing  taxes  upon  lands  in  the  town  of  Tem- 
pleton 

Order  of  notice  on  the  peftition  of  a  coirimittee  of  the 
town  and  proprietors  of  Tyringliam 

Vote  choosinf^  Jasjjcr  Mauduit  ag<Mit  lor  the  i)rovince 
at  the  court  of  Great  Britain    .... 

Order  ajipointing  a  joint  committee  to  preiiaro  in- 
structious  for  the  agent 

Order  accepting  the  report  of  tlio  committee  last 
named  and  directing  that  three  copitis  of  let- 
ters to  Messrs.  Mauduit,  Bollan  and  Jackson, 
he  made  and  transmil.tcid 

Order  appointing  a  joint  comioittuc  upon  the  petition 
of  the  west  wing  of  Ilutland     .... 

Oi'der  accepting  report  of  Iho  committee  upon  the 
petition  of  the  west  wing  of  lUitland  and 
authorizing  the  assessment  of  taxes  upon  the 
lands  of  non-resident  proprietors,  &c.     . 

Order  annexing  lands  to  the  town  of  Chesterlield 

Order  granting  £'.)()  to  Charles  Ilarrisou,  with  interest 
thereon  until  Juno  20, 17G4        .... 

Order  of  notice  ujion  the  j)etition  of  the  inhabitants 
of  New  Marblehead 

Order  referring  to  a  joint  committee,  the  petition  of 
the  grantees  of  New  Marblehead     . 

Order  accepting  the  report  of  the  committee  on  the 
petition  of  the  grantees  of  New  Marblehead, 
and  appointing  a  joint  commitiee  to  run 
boundarjr  lines 

Vote  directing  the  committee  appointed  to  run  the 
lines  of  Biddeford,  Scarl)orough  and  Fal- 
mouth, &c.,  and  to  fix  the  bounds  of  New 
Marblehead,  &c 

Order  accepting  tlie  report  of  a  committee  and  estab- 
lishing the  bounds  of  N(;w  Marblehead,  &c. 

Order  for  ])aying  the  exjiense  oF  the  committee  ap- 
pointed to  fix  the  boimds  of  nim;  towiisliips, 
in  tlie  counties  of  York  and  Cumberland 

Vote  accepting  the  report  of  a  committee  and  aiipoiut- 
ing  a  joint  committee  to  prepare  accoiuits 
and  instructions 

Order  appointing  Samuel  Watts  on  said  commiltee  in 
place  of  John  Osborne 

Vote  requesting  the  Lieut.  Governor  to  employ  some 
l^erson  to  prepare  accounts,  to  be  sent  to  the 
agent,  and  to  have  tliem  and  other  papiu-s 
forwarded  by  the  secretary;  and  that  he 
cause  a  sejiarate  account  of  the  expenses  of 
the  troops  employed  at  Louisbourgand  Nova 
Sec^tia,  to  be  jirepared  and  transmitted  . 

Vote  reviving  ar.d  continuing  for  three  months  the 
iwwer  of  the  managers  of  the  lottery 

Vote  and  order  postponing  the  drawing  of  the  third 
class  in  the  Land-bank  lottery,  and  empow- 
ering the  commissioners  to  hire  money  in  case 
of  a  deficiency 

Order  granting  £8  per  year  to  the  town  of  Truro  to  re- 
pair tluiir  l)eaches  and  fences   .... 

Order  for  taking  £21,  y.s.  8.1(i.  from  the  tax  on  Natick 
for  the  year  17G2,  and  adding  the  same  to  the 
tax  on  Needham 

Order  reuniting  the  fine  of  £10  laid  on  Sunderland 
and  MontagiU! 

Order  remitting  fine  and  granting  £'.),  15s.  5tl.  to  llop- 
kinton   

Order  remitting  fine  and  granting  £15  to  the  town  of 
Scarborough _     • 

Order  granting  ]irovince  lands  in  the  town  of  "War- 
wick, to  the  proprietors  of  Koxbury-Canada. 


June  10, 1763. 
Feb.  1,  1763. 
Apr.  23,  1762. 
Apr.  23,  1762. 

Apr.  24,  1762. 
Nov.  18,  1761. 

Nov.  25, 1761. 
Jan.   31,  17G3. 

June  21, 1765. 

Jan.   15,  1759. 

Jan.     8,  17G1. 

Jan.  20, 1761. 

Apr.  21,  1762. 
Feb.   10,  1763. 

Feb.   15,  1763. 

June  18,  17(30. 
June  18,  1760. 


June  19, 1760. 
Jiine    3,  1763. 

Sept.  9, 17G2. 
Jan.   18, 1763. 

Jan.  20, 1763. 
May  31,  1763. 
June  1,  1763. 
June  4,  1764. 
Dec.  28,  1763. 


1138 


Votes  and  Orders. 


Votes  and  Orders — Continued. 


Acts  belatino  to  the 
genebal  subject-maitbb. 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


1762-63 


1762-63  . 
1762-63  . 


1762-63  . 

1762-63  . 

1762-63  . 

1762-63  . 

1762-63  . 

1762-63  . 

1762-63  . 

1762-63  , 

1762-63  . 

1762-63  . 

1763-64  . 

1763-64  . 


19 


1763-64  . 

3 

1763-64  . 

3 

1763-64  . 

3 

1763-64  . 

4 

1763-64  . 

10 

1763-64  . 

10 

1763-64  . 

10 

1763-64  . 

10 

1763-64  . 

10 

1763-64  . 

10 

Order  granting  leave  to  William  Torrey  and  others  to 
bring  in  a  bill 

Vote  choosing  James  Russell  collector  of  impost 

Order  directing  assessors  of  Dartmouth  and  Chilmark 
to  assess  all  cattle  found  and  usually  kept 
within  the  bounds  of  their  respective  town- 
ships       

Vote  appointing  a  joint  committee  to  devise  a  method 
for  preventing  fires,  from  throwing  sqtiibs     . 

Order  appointing  a  joint  committee  to  prepare  a  bill   . 

Vote  appointing  a  joint  committee  on  the  Governor's 
message 

Order  accepting  report  and  appointing  a  committee 
upon  injuries  to  the  Indians  of  Martha's 
Vineyard      

Order  accepting  report  of  committee  last  named  and 
appointing  a  committee  to  receive  deeds,  and 
establish  boundaries,  of  lands  of  praying 
Indians "       . 

Order  accepting  report  of  committee  last  named  and 
appointing  a  committee  to  prepare  a  bill,  and 
directing  the  secretary  to  record  the  deed, 
&c 

Order  appointing  a  joint  committee  to  consider  and 
report  upon  the  petition  of  Edward  Wing 

Vote  on  the  report  of  the  committee  last  named  . 

Order  on  the  petition  of  Edward  Wing,  and  the  answer 
thereto  of  Elisha  Brown  and  Lot  Nye     . 

Order  granting  Phineas  Lovet  £48,  12s.  3d.  for  his  ex- 
pense in  defending  an  action    .... 

Vote  choosiijg  a  collector  of  excise  for  the  comity  of 
York 

Order  referring  the  complaint  of  Reuben  Coguehew 
and  others  to  the  committee  appointed  to 
visit  the  Indians;  and  deferring  the  report 
of  the  committee  appointed  to  bring  in  a  bill 
amending  the  laws  for  the  better  regulat- 
ing the  Indians 

Order  reviving  the  report  of  the  committee  on  the 
petition  of  the  Mashi^ee  Indians,  and  for  noti- 
fying Mr.  Hawley  of  a  hearing  thereon  . 

Order  appointing  a  joint  committee  to  bring  in  a  bill 
for  the  better  regulation  of  the  Mashpee  In- 
dians, and  referring  to  them  the  report  of  a 
former  committee 

Order  granting  a  petition  of  Solomon  Bryant  and 
others,  and  allowing  to  them  £3,  12s.  Hd.  to 
defray  their  expenses 

Order  empowering  the  general  sessions  for  the  county 
of  Barnstable  to  grant  a  license  to  Joseph 
Doane 

Order  referring  to  the  next  session,  the  petition  of 
Joseph  Williams,  and  directing  public  notice, 
and  suspending  assessments  in  the  mean 
time 

Order  referring  to  the  next  session,  the  petition  of 
Joseph  Williams,  and  suspending  assessments 
in  the  mean  time 

Order  of  notice  on  the  petition  of  Eldad  Taylor, 
and  suspending  assessments  in  the  mean 
time 

Order  referring  to  the  next  session,  the  petition  of 
Eldad  Taylor,  and  suspending  assessments 
in  the  mean  time 

Order  apportioning  the  expenses  of  the  committee  ap- 
pointed to  establish  boundaries  of  townsliips 
in  the  counties  of  York  and  Cumberland 

Order  remitting  a  line  and  granting  £15  to  the  town 
of  Leicester,  &c 


Feb.  23,  1762. 
Jan.  26,  1763. 


Jan.  21, 1763. 

Sept.  17,  1762. 
Feb.     9,  1763. 

Dec.  23, 1760. 
Mar.  27,  1761. 

Jan.   25,  1762. 

Feb.   15, 1763. 

Feb.  11,  1763. 
Feb.   11, 1763. 

June    3,  1763. 

Feb.  26,  1767. 

May  28,1763. 


June  18,  1761. 
Feb.  21,  1763. 

May  CO,  1763. 
May  31,  1763, 
Oct.    20,  1764, 

June  15,  1702. 

Sept.  17, 1762. 

June  14,  1702. 

Sept.  17, 1702. 

Feb.  15,  170.1. 
June    7,1704. 


Votes  and  Orders. 


1139 


Votes  and  Orders — Continued- 


Acts  RELATING  TO  THE 
GENBBAL   SUBJECT-MATTER- 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


696 
696 
696 

696 

696 

696 
697 

697 

697 

697 

698 
698 

698 

698 

698 

698 
699 
699 
700 
700 
701 
701 

702 

782 

783 

783 
783 

783 
784 

785 
785 


1763-64  . 
1763-64  . 
1763-64   , 

1763-64   . 

1763-64   . 

1763-64  . 
1763-64  . 

1763-64   . 

1763-64  . 

1763-64  . 

1763-64  . 
1763-64  . 

1763-64  . 

1763-64  . 

1763-64  . 

1763-64  . 

1763-64  . 

1763-64  . 

1763-64  . 

1763-64  . 

1763-64  . 

1763-64  . 

1763-64  , 
1764-65  , 

1764-65   . 

1764-65  . 
1764-65  . 

1764-65  . 
1764-65  . 

1764-65  . 
1764-65  . 


Order  of  notice  on  the  petition  of  Bernardston     . 

Order  of  notice  on  the  petition  of  Dorchester-Canada, 

Order  remitting  hue  and  granting  £10  to  the  town  of 
Topstield 

Order  referring  to  a  joint  committee,  a  memorial  of 
John  Choate  and  others 

Vote  accepting  report  of  committee  last  named  and 
ordering  notice  to  the  administratrix  of  Dan- 
iel Appleton 

Order  appointing  a  joint  committee  to  prepare  a  bill  . 

Order  of  notice  on  the  petition  of  Elisha  Doane  and 
others 

Order  appointing  a  joint  committee  on  the  petition 
last  named,  and  the  answer  thereto 

Order  granting  the  petitioners,  liberty  to  bring  in  a 
bill 

Order  referring  a  petition  to  a  joint  committee  of  in- 
habitants of  Boston,  &c 

Vote  for  choosing  a  commissioner  of  impost . 

Order  of  notice  on  the  petition  of  inhabitants  of  "  The 
Waterside ' '  in  Newbury 

Order  of  notice  on  the  petition  of  inhabitants  of  the 
westerly  part  of  Newbury         .... 

Order  referring  to  a  joint  committee  the  petition  of 
inhabitants  of  Newbury  and  the  answer 
thereto 

Order  accepting  the  report  of  the  committee  last 
named,  and  appointing  a  joint  committee  to 
view  the  premises,  and  report  .... 

Order  accepting  the  report  of  the  committee  last 
named,  and  directing  them  to  bring  in  a  bill . 

Order  for  a  hearing  on  the  petition  of  Konkopot  and 
others 

Order  appointing  a  joint  committee  to  inquire  further 
into  the  Indians'  title  to  lands,  &c. . 

Order  accepting  the  report  of  the  committee  on  the 
petition  of  the  Stockbridge  Indians 

Order  granting  £1,000  to  the  use  of  the  Stockbridge 
Indians,  on  condition,  &c 

Order  directing  the  deed  from  the  Stockbridge  Indians, 
to  be  recorded,  &c 

Order  appointing  a  joint  committee  to  consolidate  the 
laws  for  the  preservation  of  deer  and  moose. 

Order  allowing  5  per  cent  to  truck-masters  . 

Order  affirming  the  vote  granting  £26,  12s.  to  New 
Salem  and  adding  the  same  to  the  tax  on 
Sunderland  and  Montague        .... 

Order  of  notice  on  the  memorial  of  the  selectmen  of 
Sunderland,  and  suspending  the  order  to  lay 
an  additional  tax  upon  Sunderland  and  Mon- 
tague      

Order  remitting  the  tax  laid  upon  township  No.  4, 
for  the  year  1764 

Order  suspending  the  tax  on  Gorhani  for  the  year  1764, 
and  adding  the  same  to  that  town's  tax  for 
the  year  1766,  and  staying  execution  in  the 
mean  time 

Order  referring  the  petition  of  Bernardston,  to  the 
next  session,  and  staying  the  collection  of 
taxes  in  the  mean  time 

Order  of  notice  on  the  petition  of  inhabitants  of  Dor- 
chester-Canada; and  directing  the  petitioners 
to  return  a  list  of  their  polls  and  estates,  to 
the  General  Court  at  the  next  May  session    . 

Order  appointing  a  joint  committee  to  prepare  a  gen- 
eral bill  relating  to  highways    .... 

Order  of  notice  upon  the  petition  of  the  proprietors  of 
the  meeting-house  in  Newbury  where  the 
Rev.  Jonathan  Parsons  officiates 


June  15, 
Mar.     1, 

1764. 
1765. 

Mar.     5, 

1765. 

Feb.     4, 

1763. 

Feb.  10, 
June    2, 

1763. 
1703. 

Jan.   20, 

1763. 

June    3, 

1763. 

June    7, 

1703. 

Jan.  24, 
Jau.   18, 

1764 
1764 

June  10, 

1763 

June  10, 

1763 

Jan. 


Jan. 

6, 

1764. 

Jan. 

20, 

1764. 

May 

31, 

1762 

May 

31, 

1762 

June 

1, 

1762 

June 

2, 

1762 

Feb. 

22, 

1763 

Dec. 
Oct. 

23, 
23, 

1763 
1764 

Jan.     7 


June    4, 

1764 

June  11, 

1765 

June  20, 

1765 

June  15, 

1764 

Mar.     1, 

1705 

June    3, 

1763 

June    7 


1764. 


1764. 


1703. 


1140 


Votes  and  Orders. 


Votes  and  Orders — Continued. 


Acts  eelatikg  to  the 
genekal  subject-mattek 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  &c. 


Bate. 


785 
785 
786 

786 

788 
789 

789 
789 

789 

789 
790 
790 
(91 
791 
792 

7y2 

793 

793 

793 

793 
861 
861 

861 
861 

862 
862 
862 

863 

864 


1764-65  . 

1764-65  . 

1764^65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  , 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1764-65  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1765-66  . 

1705-65  . 


Order  appointing  a  joint  committee  on  the  petition 
last  named,  to  heai-  the  parties  and  report 

Order  of  notice  on  the  petition  of  the  inhabitants  of 
Bernard  ston 

Order  directing  the  selectmen  of  Marblehead  to  fence 
across  the  highway,  and  empowering  the  jus- 
tices of  the  peace,  there,  to  take  other  precau- 
tions against  the  small-pox,  until  the  first  of 
June  next 

Vote  appointing  a  joint  committee  to  prepare  a  bill  in 
addition  to  the  laws  already  made,  for  pre- 
venting the  spread  of  the  small-pox,  &c. 

Order  of  notice  upon  the  petition  of  the  inhabitants 
of  Gorhamtown 

Order  of  notice  on  a  petition  of  inhabitants  of  Leices- 
ter and  Rutland 

Order  of  notice  on  a  petition  of  inhabitants  of  Leices- 
ter and  Rutland 

Order  appointing  a  joint  committee  on  the  petition  of 
the  inhabitants  of  Leicester  and  Rutland,  to 
view  the  premises,  hear  the  parties,  and  re- 
port, &c 

Order  granting  petitioners  last  named,  liberty  to  bring 
in  a  bill 

Order  adjourning  the  general  sessions  and  court  of 
common  pleas  in  the  county  of  York 

Order  adjourning  the  general  sessions  and  court  of 
common  pleas  in  the  county  of  Berkshire 

Order  on  tlie  petition  of  the  proprietors  of  Uoyalshire, 
granting  them  liberty  to  bring  in  a  bill  . 

Order  aiDpointing  a  joint  committee  upon  the  Gov- 
ernor's message 

Order  accei^ting  the  report  of  the  committee  last 
named 

Vote  choosing  collectors  of  excise 

Order  remitting  excise  to  Hewit  Root    .        .        .        . 

Order  appointing  a  joint  committee  to  bring  in  a  bill 
making  further  pro\'ision  for  the  care  of 
persons  neglecting  their  families  and  estates, 

Order  appointing  a  joint  committee  to  consolidate  the 
laws  relating  to  the  jireservation  of  alewives 
and  other  lish 

Order  appointing  a  joint  committee  to  prepare  a  bill 
for  the  more  equal  distribution  of  the  estates 
of  absconding  debtors,  &c 

Order  appointing  a  joint  committee  on  the  bill  for  pre- 
venting fraud  in  debtors,  &c 

Order  appointing  a  j(jint  committee  on  the  petition  of 
the  i)roprietors  of  Atliol 

Order  accepting  the  report  of  the  committee  last 
named,  and  directing  notice  to  be  served 
upon  the  proprietor's  clerk  .... 

Order  referring  to  a  joint  committee,  the  petition  of  the 
proprietors  of  Atliol,  and  the  answer  thereto. 

Order  accepting  the  report  of  the  committee  last 
named,  and  directing  Abraham  Hill,  with 
assistance,  to  complete  the  recm-ds  . 

Order  referring  to  a  joint  committee,  the  petition  of 
the  proprietors  of  Athol 

Order  on  a  petition  of  the  proprietors  of  Athol,  grant- 
ing them  leave  to  bring  in  a  bill 

Order  accepting  the  report  of  a  committee  on  the  peti- 
tion of  Joseph  He  wins,  Jr.,  and  others,  and 
erecting  lands  in  Stoughton  into  a  separate 
precinct 

Vote  appointing  a  joint  committee  to  lay  out  a  town- 
ship, on  the  petition  of  Ebenezer  Hunt  and  ( 
others ( 

Order  of  notice  on  the  petition  of  Edmund  Quincy    . 


Dec.  29, 1763.' 
June  10, 1762. 

Jan.   19,1764. 

Jan.  21,  1764. 
Dec.  27, 1763. 
June  9,  1701. 
June  10,  1763. 

June  14,  1764. 

Jan.  25,  1705. 

Feb.     4,  1765. 

Feb.  15,  1765. 

Jan.  28, 1765. 

June    3,  1763. 

June  3,  1763. 
Jan.  31, 1765. 
June  12, 1765. 

June   3, 1763. 

Dec.  23,  1703. 

Jan.  22,  1765. 
Mar.  6,  1765. 
June    3,  1763. 

June  9,  1763. 
Dec.  30, 1763. 

Jan.  6,  1764. 
June  6,  1705. 
June    8,  1765. 

July    2,  1740. 

Dec.  5, 1735. 
Jan.  6,  1735-6. 
Dec.  24,1736. 


Votes  and  Orders. 


1141 


Votes  and  Orders — Continued. 


Acts  relating  to  the 

GENEKAL   SIBJECT-MATTER 

SUBJECT  OF  THE  VOTE,  ETC. 

] 

Date. 

Ul 

ca 

Year. 

Chapter. 

864 

1765-66    . 

13    . 

Order  accepting  the  plat  of  a  township  laid  out  upon 

the  petition  of  Ephraiui  Hunt  and  others 

Jan. 

19,  1736. 

864 

1765-66   . 

13    . 

Order  of  notice  on  the  petition  of  the  proprietors  of 

Huntstown 

Jan. 

25,  1763. 

864 

1765-66   . 

13    . 

Order  appointing  a  joint  committee  on  the  memorial 

of  the  proprietors  of  Huntstown     . 

Jan. 

26,  1763. 

864 

1765-66  . 

13    . 

Order  substituting  James  Otis  for  William  Brattle  on 

the  committee  last  named         .... 

Jan. 

27,  1763. 

865 

1765-66  . 

13    . 

Order  appointing  a  joint  committee  to  run  the  bound- 

ary lines  of  Huntstown 

Jan. 

28,  1763. 

865 

1765-66  . 

13    . 

Vote  accepting  a  plan  of  Huntstown  and  confirming 

the  titles  of  the  proprietors       .... 

June 

18,  1765. 

866 

1765-66   . 

18    . 

Order  remitting  fine  and  granting  £10  to  Uxbridgo 

June 

24,  1766. 

867 

17(55-66   . 

18    . 

Order  referring  the  petition  of  Tyringham  to  the  next 

May  session 

Mar. 

9,  1767. 

867 

1765-66   . 

20    . 

Order  appointing  a  joint  committee  on  the  petition  of 

Plymouth  to  view  the  premises  and  report     . 

Feb. 

•6, 1762. 

867 

1765-66   . 

20    . 

Order  rejecting   the   report    of   the    committee    last 

named,  and  dismissing  the  petition 

Feb. 

11, 1763. 

869 

1765-66   . 

22    . 

Order  enabling  the  proprietors  of  Windham  to  ox- 

change  land  with  Rev.  Peter  Thaeher  Smith  . 

Jan. 

20,  1764. 

869 

1765-66   . 

23    . 

Order  on  the  petition  of  the  proprietoi's  of  Murray- 
field,  granting  them  liberty  to    bring  in  a 

bill 

June 

2,  1764. 

871 

1765-66  . 

25    . 

Order  of  notice  to  the  second  parish  in  Falinonth,  on 

the  petition  of  Ezekiel  Gushing  and  otliers    . 

June 

7,  1759. 

871 

1765-P6  . 

25    . 

Order  appointing  a  joint  committee  on  the  petition 

last  named,  and  the  answer  thereto 

Jan. 

15,  1760. 

872 

1765-66  . 

25    . 

Order  of  notice  to  the  first  parish  iu  Falmotith,  on  the 

petition  of  Ezel^iel  Gushing  and  others  . 

Feb. 

15,  1765. 

872 

1765-66   . 

25    . 

Order  of  notice  on  the  petition  of  the  inhabitants  of 

Cape  Elizabeth 

Feb. 

25, 1767. 

872 

1765-66  . 

25    . 

Order  referring  to  a  joint  committee,  the  petition  of 

Gape  Elizabeth  and  the  answer  thereto  . 

June  20,  1767. 

872 

1765-66   . 

25    . 

Order  accepting  a  report  of  the  committee  on  the  peti- 
tion of  the  selectmen  of  Cape  Elizabeth,  and 

the  answer  thereto 

June  25,  1767. 

873 

1765-66  . 

25    . 

Order  referring  to  a  joint  committee,  the  petitions  of 
the  iirst  parish  in  Falmouth,  and  of  the  select- 

men of  Gape  Elizabeth 

Apr. 

17,  1771. 

874 

1765-66  . 

26    . 

Order  of  notice  on  tbe  petition  of  the  selectmen  of 

Northborongh 

Feb. 

5,  1768. 

874 

1765-66   . 

28    . 

Vote  choosing  collectors  of  excise 

Feb. 

11,  1766. 

875 

17(i5-C6   . 

29    . 

Vote  choosing  commissioner  of  impost  .... 

Feb. 

11,  1766. 

875 

1765-66   . 

31    . 

Order  appointing  a  joint  committee  on  the  jietition  of 
South  Brimfield,  to  view  the  premises,  and 

report  at  the  next  session 

June 

7,  1764. 

875 

1765-66   . 

31    . 

Order  referring  to  a  joint  committee,  the  report  of  the 
committee    last    named,    and    the    answers 

thereto  

Oct. 

27,  1764. 

875 

1765-66  . 

31    . 

Order  accepting  the  report  last  mentioned,  and  declar- 
ing void  certain  taxes  of  South  Brimfield, 
and  directing  the  collectors   to   proceed  no 

further 

Nov. 

2, 1764. 

875 

1765-66  . 

31    . 

Order  referring  to  a  joint  committee,  the  petition  of 

Joseph  Blodget  and  others        .... 

Feb. 

12, 1765. 

875 

1765-66  . 

31    . 

Oi'der  referring  to  a  joint  committee,  the  petition  of 

inhabitants  "of  South  Brimfield 

Jan. 

30,  1766. 

875 

1765-66  . 

31    . 

Order  accepting  the  report  of  the  comnnttee  upon  the 
petition  of  iubabitants  of    South   Brimfield, 
and  granting  tlie  petitioners  liberty  to  bring 

in  a  bill 

Jan. 

31, 1766. 

876 

1765-66  . 

31    . 

Order  appointing  a  joint  committee  on  the  petition  of 
Orthodox  inhabitants  of  the  west  parish  in 

South  Brimfield 

June  10,  1768. 

876 

1765-66   . 

31    . 

Order  appointing  a  joint  committee  on  the  petition  of 

the  west  parish  in  South  Brimfield  . 

June  10,  1768. 

876 

1765-66  . 

31    . 

Order  dismissing  the  petition  of  Orthodox  inhabit- 

ants of  the  west  loarisli  in  South  Brimtield    . 

June 

21,  1768. 

1142 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


Acts  relating  to  thb 
general  subject-matter. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


876 


924 
924 


925 

925 
927 
927 
929 
933 
945 
946 
946 

948 

948 
948 

948 
949 

949 

994 

995 
995 

995 

1003 
1003 

1004 

1004 

1004 
1004 
1004 

1004 


1765-66 


1766-67 
1766-67 


1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1767-68  . 

1767-68  . 

1767-68  . 

1767-68  . 

1767-68  . 

1767-68  . 

1767-68  . 

1767-68  . 

1767-^8  . 

1767-68  . 

1767-68  . 

1767-68  . 


31 


Order  dismissing  the  petition  of  the  west  parish  in 
South  Brimfield 

Vote  for  engrossing  the  bill 

Order  appointing  a  joint  committee  to  consider  and 
report  upon  the  expediency  of  repealing  the 
act,  respecting  insolvent  debtors 

Order  directing  the  justices  of  the  superior  court  to  issue 
no  warrants  of  attachment,  against  abscond- 
ing debtors,  &c.,  until  after  the  present  ses- 
sion, except  to  those  who  had  already  applied 

Order  appointing  a  joint  committee  to  bring  in  a  bill 
for  the  repeal  of  the  bankrupt  act  . 

Order  directing  the  addition  of  £25, 17s.  Id.  to  the  tax 
of  Deerfield 

Order  suspending  the  collection  of  the  province  tax 
on  Gorham,  for  1764 

Order  appointing  a  joint  committee  on  regulating  the 
manufacture  of  potash 

Order  appointing  a  joint  committee  to  report  on  the 
laws  respecting  riots,  &c 

Order  referring  to  a  joint  committee,  the  petition  of 
inhabitants,  &c.,  of  Eichmont 

Order  of  notice  on  the  petition  of  inhabitants  of  the 
westerly  part  of  Townshend,  &c.     . 

Order  accepting  the  report  of  the  committee  appointed 
on  the  petition  of  the  inhabitants  of  Tow^ns- 
hend,  &c.,  and  exempting  the  petitioners 
from  future  taxes,  towards  building  meeting- 
houses in  Fitchburg  and  Ashburnham  . 

Order  appointing  a  joint  committee,  to  enquire  into 
the  state  of  the  province  poor,  in  Boston 

Vote  choosing  a  commissioner  of  impost 

Order  for  choosing  commissioners  for  adjusting  the 
affairs  of  the  Land  Bank 

Order  of  notice  on  the  petition  of  Benjamin  Hallowell, 

Order  appointing  a  joint  committee,  to  appraise  land, 
taken  for  a  street  in  Boston,  and  to  bring  in 
a  bill 

Vote  referring  the  petition  of  Benjamin  Hallowell,  to 
the  next  session,  and  directing  the  committee 
to  prepare  a  bill  in  the  mean  time    . 

Order  referring  to  the  next  session,  the  petition  of 
George  Duncan  and  others,  and  ordering  no- 
tice in  the  mean  time 

Order  of  notice  to  non-residents,  upon  the  petition  of 
inhabitants  of  Rutland 

Order  on  the  petition  of  inhabitants  of  Rutland,  for  a 
tax  of  one  penny  per  acre,  &c.,  and  granting 
petitioners  leave  to  bring  in  a  bill    . 

Order  abating  taxes  on  Winchendon  and  laying  the 
same  on  other  towns 

Vote  choosing  a  commissioner  of  impost 

Order  of  notice  on  the  iietition  of  Samuel  Cobb  and 
others    

Order  appointing  a  joint  committee  on  the  petition  of 
Samuel  Cobb  and  others 

Order  accepting  the  report  of  the  committee  last 
named,  and  directing  the  referees  to  report 
at  the  next  session 

Order  referring  to  a  joint  committee,  the  petition  of 
the  inhabitants  of  Shrewsbury  Leg  . 

Order  appointing  a  joint  committee  to  build  a  light- 
house near  Plymouth  harbor    .... 

Order  appointing  a  joint  committee  to  prepare  instruc- 
tions for  the  committee  appointed,  to  build 
the  lighthouse 

Order  accepting  the  report  of  the  committee  last 
named  and  directing  the  manner  of  building 
the  lighthouse      ....... 


June  21, 
June  14, 

Nov. 

1, 

Feb. 

21, 

June  17, 

June  18, 

June  20, 

Oct. 

19, 

Oct. 

29, 

Feb. 

21, 

Oct. 

25, 

June  24, 

Jan. 
Feb. 

5, 
12, 

Mar.  20, 
June  12, 

Feb. 

9, 

June  25, 

June 

6, 

Feb. 

17, 

June 

5, 

June  10, 
Feb.  11, 

Feb. 

24, 

June 

3, 

June  11, 

June  19, 

Feb. 

24, 

Feb. 

24, 

Mar. 

1, 

1768. 
1766. 


1765. 

1766. 
1766. 
1765. 
1765. 
1764. 
1765. 
1767. 
1764. 

1765. 

1768. 
1767. 

1767. 
1764. 

1765. 

1765. 

1764. 
1767. 

1767. 

1767. 
1768. 

1767. 

1767. 

1767. 
1767. 
1768. 

1768. 

1768. 


Votes  and  Orders. 


1143 


Votes  and  Orders — Continued. 


Acts  relating  to  the 
general  srbject-matibr. 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


1005 
1005 

1005 

1O06 

1006 

1006 
1006 

1033 
1033 

1031 

1034 
1034 
1035 
1035 

1035 


1035 

1035 
1036 
1039 

1043 
1046 
1046 
1047 
1047 


1767-68  . 
1767-68  . 

1767-68  . 

1767-68  . 

1767-68  . 

1767-68  . 
1767-68  . 

1768 
1768 

1768 

1768 
1768 
1768 
1768 

1768 


1768 

1768 
1768 
1768 

1768 
1768 
1768 
1768 
1768 


Order  directing  the  impost  officer  to  supply  Plymoutli 
lighthouse  with  oil,  &c 

Order  appointing  a  joint  committee  to  employ  a  light- 
house keeper,  and  instructing  theui  to  pre- 
pare an  advertisement  of  the  erecting  of  the 
lighthouse,  and  how  to  steer  thereby 

Vote  appointing  a  joint  committee  to  take  care  of 
Plymouth  lighthouse,  and  to  repair  and  secure 
the  same 

Order  appointing  a  joint  committee,  on  the  New 
Hampshire,  Connecticut,  and  New  York 
boundaries 

Order  accepting  Hutchinson's  report  on  the  bound- 
ary controversies,  and  directing  it  to  be  sent 
to  the  province  agent  in  London 

Order  referring  to  a  joint  committee  the  Governor's 
message  and  accompanying  papers  . 

Order  granting  compensation  to  Thomas  Hutchinson, 
for  preparing  a  statement  of  the  boundary 
controversies 

Order  referring  to  a  joint  committee,  tlie  petition  of 
South  Hadley  and  the  accompanying  papers . 

Vote  establisliing  a  parish  in  the  district  of  Soutli  Had- 
lev,  and  defining  its  boundaries,  upon  certain 
conditions 

Vote  appointing  a  committee  to  ascertain  the  damage 
done  to  the  frame  of  the  meeting-house  in 
South  Hadley,  and  to  determine  tlie  amount 
to  be  allowed  the  second  parish,  for  their 
interest  in  the  old  meeting-house 

Order  annexing  Joseph  and  Josiah  White  and  their  es- 
tates, &c.,  to  the  first  parish  in  South  Hadley, 

Order  of  notice  on  the  petition  of  the  second  parish  in 
South  Hadley 

Order  appointing  a  joint  committee  on  the  petition  of 
the  second  parish  in  South  Hadley . 

Order  referring  to  the  committee  appointed  upon  the 
petition  of  the  second  parish  in  South  Hadley, 
a  petition  of  inhabitants  of  the  first  parish, 
&c 

Order  accepting  the  report  of  the  committee  last 
named,  and  appointing  a  joint  committee  to 
view  the  premises  and  settle  the  boundaries 
between  the  districts  of  South  Hadley,  and 
establishing  the  same  as  the  boundary  of  the 
parishes 

Order  accepting  the  report  of  the  committee  last 
named,  and  granting  the  petitioners  liberty 
to  bring  in  a  bill 

Orders  of  notice  on  the  petition  of  Obadiah  Dickinson  I 
and  others 1 

Order  of  notice  on  the  petition  of  Nathan  Chapin  and 
others .        . 

Order  of  notice  on  the  petition  of  Samuel  Stillman 
and  others,  and  directing  a  stay  of  proceed- 
ings under  this  act      .        .        .       .    _   . 
Order  referring  to  a  joint  committee,  the  petition  of 
Samuel  Stillman  and  others     .... 
Order  of  notice  to  non-resident  proprietors,  on  tlie 

petition  of  the  inhabitants  of  Windliaui 
Order  of  notice  to  non-resident  proprietors,  on  the 

petition  of  Charlemont      .        .        .        . 
Order  appointing  a  joint  committee  on  the  petition  of 

Charlemont 

Order  accepting  the  report  of  the  committee  on  the 
petition  of  Charlemont,  and  granting  a  tax, 
for  three  years,  of  one  penny  per  acre,  and 
providing  for  the  appropriation  and  recording 
of  the  same 


June  15, 1768. 

June  15, 1768. 

Oct.   20,1770. 

May  28,1763. 

Dec.  28, 1763. 
Oct.    30,  1764. 

Nov.  2,1764. 
Jan.  26, 1762. 

Feb.  20, 1762. 

June  12, 1762. 
Feb.  22, 1763. 
June  13, 1767. 
Jan.  14,1768. 

Jan.  18,1768. 
Jan.  20, 1768. 


June  2, 1768. 
Mar.  17,1767. 
June   9,  1767. 

June    1,  1768. 


Nov.  15, 1770. 
Apr.  17,  1771. 
June  2,1767. 
June  4, 1766. 
Feb.     6, 1767. 

Feb.  18,  1767. 


1144 


Votes  and  Orders. 


Votes  and  Orders — Continued. 


Acts  eelating  to  the 
general  stibject-mattee 

SUBJECT  OF  THE  VOTE,  ETC. 

Date. 

P-. 

Year. 

Chapter. 

1048 

1048 
1048 

1768 

1768 
1768 

12    . 

12    . 

12    . 

Order  confirming  resolve  on  the  petition  of  Eldad 
Taylor  and  others,  and  appointing  a  com- 
mittee   

Order  on  the  petition  of  the  town  of  Westfield,  grant- 
ing leave  to  withdraw        ..... 

Order  on  the  jietition  of  John  Ingersoll,  granting  him 
leave  to  bring  in  a  bill       .        ,        .        .        . 

June  14, 1766. 
Mar.  10, 1767. 
June  27, 1768. 

RESOLVES  BY  THE  COUNCIL. 


118 


784 


791 


874 


925 


1757-58 


1764-65  . 


1764-65  . 


1765-66 


1766-67 


Resolve  recommending  the  justices  of  the  courts  in 
Plymouth,  Barnstable  and  Bristol,  to  con- 
tinue actions  and  suspend  executions,  against 
Quakers,  &c 

Resolve  that  all  bills  of  exchange  for  moneys  remain- 
ing in  Mr.  Mauduit's  hands,  be  drawn  upon 
hiin  in  London;  and  that  the  treasurer  be 
directed  to  transmit  him  a  copy  of  this  vote  . 

Resolve  requesting  the  Governor  to  direct  the  select- 
men to  number  the  persons  in  their  respec- 
tive towns  and  districts,  &c.,  and  to  order  the 
accounts  thereof  to  be  lodged  in  the  secre- 
tary's ofiflce 

Resolve  accei^ting  the  report  of  the  joint  committee 
on  the  petitions  of  the  first  parish  in  Falmouth 
and  of  the  selectmen  of  Cape  Elizabetli,  and 
vacating  the  joint  declaratory  resolve  of 
Mar.  28,  1770 

Resolve  declaring  the  answer  of  Judge  Lynde,  to  the 
order  in  council  of  Feb.  19,  satisfactory,  and 
approving  his  conduct 


July  12, 1757. 
Jan.  29, 1765. 

June  15, 1703. 

Apr.  26, 1771. 
Feb.  20, 17C6. 


Declaratory  Resolves  of  tee  Council. 


237 


1758-59  . 


Resolve  that  any  inhabitant  liable  to  train,  neglecting 
to  appear  at  muster,  after  warning,  will  be 
liable  to  the  iienalty  in  the  act  although  he 
sliould  have  enlisted  in  other  military  ser- 
vice; and  that  such  jiersou  so  warned  is  not 
at  liberty  to  enlist  in  any  other  service  than 
that  to  which  he  is  warned        .... 


Mar.  29,1759. 


VOTES  AND  ORDERS  OF  THE  COUNCIL. 


96 
97 

98 
100 
101 
102 


Vote  advising  and  consenting  to  a  warrant  for  paying 
Samuel  Chipman  £22,  5s.  Id.  for  conveying 
Acadians  from  Salem  to  Stiirbridge 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£573,  9s.  Id.  to  the  town  of  Methuen  and 
twenty-eight  other  towns,  for  supporting  Aca- 
dians      

Vote  advising  and  consenting  to  a  warrant  for  paying 
£62,  10s.  Id.  to  the  selectmen  of  Marblehead, 
for  supporting  Aeadians 

Vote  advising  the  Governor  to  object,  to  Governor 
Lawrence,  against  the  coming  of  certain  Aca- 
dians into  the  province 

Order  directing  the  removal  of  Francis  Meuse  and 
family  from  Tewksbury  to  Danvers,  there  to 
be  supported 

Order  accepting  report  of  the  committee  on  the  ex- 
pense of  supporting  Acadians,  and  directing 
selectmen  to  conform  themselves  accordingly. 


June  4, 1757. 

Dec.  6,  1757. 

Mar.  8,  1758. 

Dec.  4,  1758. 

Jan.  10,  1759. 

Apr.  18,1759. 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


1145 


Acts  relating  to  the 
general  subject-matter 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


102 
102 

104 

104 
104 


104 
104 
105 

105 
106 

106 

lOG 
106 

106 

109 
118 

118 

121 


1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 


1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 


Vote  advising  and  consenting  to  a  warrant  for  paying 
£1,  9.S.  to  Dr.  Ezekiel  Hersey  for  medical 
treatment  of  Acadians,  at  Hinghani 

Vote  advising  and  consenting  to  a  warrant  for  the 
payment  of  £478,  2s.  9d.  to  tlie  selectmen  of 
the  town  of  Boxford  and  fifteen  other  towns, 
to  reimburse  their  exi^enses  on  account  of 
Acadians 

Vote  granting  liberty  to  Acadians  who  maintain 
themselves  and  families,  to  reside  anywhere 
in  the  province 

Vote  advising  that  sick  Acadians  in  the  transports  be 
permitted  to  go  on  shore  at  Point  .Shirley 

Vote  advising  that  the  subject  of  Gen.  Amherst's  letter 
concerning  the  Acadians  recently  arrived,  be 
referred  to  the  General  Court,  and  recom- 
mending the  propriety  of  an  assurance  from 
Gen.  Amherst  that  a  commissary  will  be  ap- 
pointed to  pay  the  expense,  or  that  the  prov- 
ince shall  be  reimbursed 

Vote  advising  the  preparation  of  accounts  of  the  ex- 
pense of  the  province,  and  the  transmission  of 
the  same  to  the  agent,  with  a  letter,  to  solicit 
reimbursement 

Vote  advising  that  it  is  inexpedient  to  grant  passports 
to  Acadians  desiring  to  go  to  St.  Peter's,  and 
approving  the  draught  of  a  letter  to  the 
agent     

Vote  advising  the  Governor  to  recommend  to  the  over- 
seers of  the  poor  in  Boston,  to  inquire  into  the 
circumstances,  and  provide  for  the  support 
of  certain  Acadians,  Szc,  and  to  report  to  the 
Governor  and  Council ;  also  to  a  warrant  for 
paying  said  overseers  £25  for  the  supi^ort  of 
poor  Acadians  in  Boston 

Vote  advising  that  the  overseers  of  the  poor  in  Boston, 
be  requested  to  continue  their  support  of 
Acadians  until  the  House  of  Representatives 
shall  make  further  provision  therefor 

Vote  advising  that  the  overseers  of  the  poor  in  Boston 
supply  the  necessities  of  poor  Acadians, 
there,  belonging  to  otlier  towns,  and  submit 
their  accounts  to  the  Governor  and  Council, 
with  the  list  of  the  towns  to  which  said  Aca- 
dians belong 

Vote  advising  and  consenting  to  a  warrant  for  the 
payment  of  £17,  lis.  lOljcl.  to  Royall  Tyler 
for  expenses  on  Acadians  by  order  of  the 
Governor  and  Council 

Vote  advising  and  consenting  to  a  warrant  for  the 
payment  of  £14,  Vos.  4d.  to  Benjamin  Clark 
for  house-rent  for  Acadians      .... 

Vote  advising  and  ordering  that  the  selectmen  of  Sa- 
lem be  directed  to  take  care  of  Ann  Meurs, 
an  Acadian,  and  transmit  their  accounts 
therefor  to  the  Secretary's  office 

Vote  advising  and  consenting  to  a  warrant  for  the 
payment  of  £0,  ll.*t.  5d.  to  the  selectmen  of 
Salem  on  account  of  Ann  Meurs,  an  Acadian, 

Vote  advising  that  public  notice  be  required  of  peti- 
tions in  bankruptcy 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£400  to  Jacob  Wendell,  for  building  barracks, 
&c 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£48  to  Jacob  Wendell,  for  building  barracks, 
&c 

Vote  advising  the  printing  and  distribution  of  500 
copies  of  the  act  for  regulating  the  militia 


Nov.  3,  1759. 


Jan.  29, 1760. 

June  5, 1760. 
Sept.  6,  1762. 


Sept.  6,  1762. 
Aug.  17, 1763. 
Aug.  24,  1763. 

Dec.  19  1764. 
Jan.  23, 1765. 

Oct.   3, 1765. 

Mar.  12, 1766. 
Mar.  12,  17G6. 

Oct.  21, 1767. 

July  12,  17G9. 
June  6,  1758. 

Aug.  31,  1757. 

Mar.  9,  1758. 
Feb.  14,  1758. 


1146 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


Acts  relating  to  the 
genekal  6dbjbct-mattee. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


121 

121 
121 

121 
121 
121 

121 
121 

128 

128 

128 

128 

128 

128 
128 

128 

128 

128 
128 
128 
128 
128 


1757-58  . 

1757-58  . 
1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 
1757-58  . 

1757-58  . 

1757-58  . 

1757-68  . 

1757-58  . 
1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 


18,  §6 

18,  §6 

18,  §6 

18,  §6 

18,  §6 

18,  §6 

13,  §6 

18,  §6 

22    . 
22    . 

22    . 

22   . 

22    . 

22    . 
22    . 

22    . 

22    . 

22  . 

22  . 

22  . 

22  . 

22  . 


Vote  advising  and  consenting  to  a  warrant  for  paying 
£16,  135.  to  James  Otis  for  bayonets  for 
Capt.  Richard  Baxter's  company  iu  his  regi- 
ment      

Vote  advising  and  consenting  to  a  warrant  for  paying 
£49  to  Samuel  White  for  bayonets  supplied 
to  the  regiment  of  Col.  Epliraim  Leonard 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£182,  2s.  8d.  to  John  Ashley  and  others  for 
bayonets  supplied  according  to  schedide  an- 
nexed to  the  warrant 

Vote  advising  against  warrants  for  pay  for  bayonets 
unless  the  captain  or  chief  officer  exhibit 
particular  accounts  thereof       .... 

Vote  advising  and  ordering  that  officers  of  militia 
make  oath  to  their  accounts  of  bayonets  fur- 
nished their  men 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£279,  13s.  to  Peter  Coolidge  and  others  for 
bayonets  furnished  their  men  .... 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£58,  10s.  to  Nathaniel  Coolidge  and  others 
for  bayonets  furnished  their  men    . 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£67,  IBs.  to  Thomas  Chute  and  others  for 
bayonets  furnished  their  men  .... 

Vote  advising  the  granting  of  permits  to  vessels 
transporting  provisions,  &c. ,  for  the  army     . 

Vote  advising  the  granting  of  a  permit  to  the  schooner 
Young  Eagle  to  transport  provisions  for  the 
army,  &c 

Vote  advising  and  consenting  to  the  granting  a  per- 
mit to  the  sloop  Adventure  to  transport 
carpenters  and  stores  to  Albany,  for  the 
army,  &c 

Vote  advising  and  consenting  to  the  granting  a  per- 
mit to  the  sloop  Wilmot  to  transport  recruits 
to  Chignecto 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Peggy  to  transport  cordage 
to  Halifax,  for  the  navy 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  brigantine  Duke  to  proceed  to  Jamaica, 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  ship  Prince  George  to  proceed  to  the 
West  Indies 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Elizabeth  to  transport  pro- 
visions, tools,  &c.,  to  Portsmouth,  for  carpen- 
ters in  the  service,  &c 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  sloop  Cumberland,  and  another  sloop, 
to  transport  artificers  and  materials  to  Chig- 
necto      

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Rebecca  to  proceed  to  Ma- 
deii-a,  &c 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  ship  William  to  proceed  to  Lisbon, 
&c 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Fair  Lady  to  proceed  to  the 
West  Indies 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  brigantine  Charming  MoUie  to  proceed 
to  the  West  Indies 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  snow  Union  to  proceed  to  the  West 
Indies 


June    8,  1758. 
June    8, 1758. 

June  14,  1758. 

June  15,  1758. 

July    7, 1758. 

Oct.     9,  1758. 

Oct.    14,  1758. 

Nov.    4,  1758. 
Mar.  15,  1758. 

Mar.  15,  1758. 

Mar,  17,  1758. 

Mar.  17,  1758. 

Mar.  17,  1758. 
Mar.  17,  1758. 

Mar.  17,  1758. 

Mar.  18,  1758. 

Mar.  18,  1758. 

Mar.  20, 1758. 

Mar.  20,  1758. 

Mar.  20, 1758. 

Mar.  20,  1758. 

Mar.  20,  1758. 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


1147 


Acts  eelatino  to  the 
general  subject-matter. 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


Date. 


128 

128 

128 

129 

129 

129 

129 

129 

129 

129 

129 

129 

129 

130 

130 

130 

130 

130 

130 
130 

130 
131 

131 


1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  , 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 

1757-58  . 


Vote  advising  and  consenting  to  the  granting  a  permit 
to  tlie  scliooner  Lydilind  to  proceed  on  a  fish- 
ing voyage   

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Mary  to  proceed  on  a  lisliing 
voyage 

Vote  advising  the  granting  permits  to  A-essels  two- 
thirds  laden,  before  the  embargo,  Avitli  per- 
ishable cargoes    

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Abigail  to  proceed  to  the 
West  Indies,  &c 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  Brigantine  Lynn  to  proceed  to  the 
West  Indies 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Sarah  to  proceed  to  the  West 
Indies 

Vote  advising  and  consenting  to  the  granting  a  per- 
mit to  the  snow  Wellington  to  proceed  to 
Nevis 

Vote  advising  the  granting  permits  to  vessels  bound 
to  Halifax  with  provisions  and  stores  for  His 
Majesty's  service,  &c 

Vote  advising  and  consenting  to  tlie  granting  a  permit 
to  the  schooner  Industry  to  proceed  to  Hali- 
fax          

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  brigantine  Antelope  to  proceed  to  the 
West  Indies 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  sloop  Butterfly  to  proceed  to  Rhode 
Island,  &c 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Endeavour  to  proceed  to  Hali- 
fax with  stores,  &c 

Vote  advising  against  impressment  of  provisions,  and 
embargo  on  vessels  from  the  southern  col- 
onies      

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  snow  Miisketo  to  proceed  to  the  West 
Indies 

Vote  advising  the  granting  permits  to  return,  to  all 
vessels  bringing  provisions  from  the  southern 
colonies 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  sloop  Speedwell  to  proceed  to  Hali- 
fax with  provisions,  &c 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  sloop  Success  to  proceed  to  Connecti- 
cut, &c 

Vote  advising  and  corsenting  to  the  granting  a  permit 
to  tlae  schooner  Mayflower  to  proceed  to 
Halifax  with  provisions,  &c 

Vote  advising  the  granting  permits  to  certain  vessels 
to  proceed  on  fishing  voyages,  &c.   . 

Vote  advising  the  granting  permits  to  all  vessels,  now 
in  port,  employed  in  the  cod  fishery,  &c.,  to 
pursue  their  voyages;  and  also  to  all  whaling 
vessels  belonging  to  Nantucket 

Vote  advising  the  granting  permits  to  all  sloops  and 
schooners  carrying  provisions  to  Nova  Scotia, 
upon  certain  conditions 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  sloop  Susanna  to  proceed  to  New  York, 
&c 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Prince  George  to  proceed  on 
her  fishing  voyage 


Mar.  20, 1758. 

Mar.  20, 1758. 

Mar.  20, 1758. 

Mar.  21, 1758. 

Mar.  21,  1758. 

Mar.  21,  1758. 

Mar.  22,  1758. 

Mar.  27, 1758. 

Mar.  27, 1758. 

Mar.  27, 1758. 

Mar.  28, 1758. 

Mar.  28,  1758. 

Mar.  28, 1758. 

Mar.  29, 1758. 

Apr.  1, 1758. 

Apr.  1, 1758. 

Apr.  1, 1758. 

Apr.  1, 1758. 

Apr.  1, 1758. 

Apr.  8, 1758. 

Apr.  10,1758 

Apr.  15,1758. 

Apr.  19,1758. 


1148 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


Acts  kblating  to  the 
igekekal  subject-matter. 


^      I 


Year. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


131 
131 
131 
131 
131 
131 


131 


131 


131 
132 


133 
133 
138 

142 

142 
142 


142 
142 


142 

142 

227 
227 
227 


1757-58 
1757-58 
1757-58 
1757-58 
1757-58 
1757-58 


1757-58 


1757-58 


1757-58 
1757-58 


1757-58 
1757-58 
1757-58 

1757-58 

1757-58 
1757-58 


1757-58 
1757-58 


1757-58 

1757-58 

1758-59 
1758-59 
1758-59 


22 

22 

22 
25 

25 
25 
30 

34 

34 

34 


Vote  advising  and  consenting  to  the  granting  a  permit 
to  tlie  schooner  Swau  to  proceed  on  her  fish- 
ing voyage   

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  ship  Falmouth  to  proceed  to  the  West 
Indies  with  masts,  &c.,  for  the  navy 

Vote  advising  and  consenting  to  tlie  granting  a  per- 
mit to  the  schooner  Endeavour  to  proceed  to 
Providence,  &c 

Vote  advising  and  consenting  to  the  granting  a  permit 
to  the  schooner  Broome  to  proceed  to  Lis- 
bon         

Vote  advising  and  consenting  to  the  granting  a  permit 
to  tlie  schooner  Three  Friends  to  proceed  to 
Gibraltar . 

Vote  advising  and  consenting  to  the  granting  permits 
to  the  following  vessels  to  iiroceed  on  their 
voyages;  viz  ,  the  ship  Molineauxtothe  West 
Indies;  the  schooner  Sea  Horse  to  Newfound- 
land; the  snow  Thomas  and  Martha  to  the 
AVest  Indies;  the  schooner  Endeavour  to  Lis- 
bon; the  schooner  Jolly  Robin  lo  South 
Carolina;  and  the  brigantine  Sea  Horse  to 
Maryland 

Vote  advising  the  granting  permits  to  all  fishing  ves- 
sels manned  by  men  belonging  to  certain 
regiments 

Vote  advising  the  granting  permits  to  all  vessels,  upon 
the  master,  &c.,  giving  bond,  &c.    . 

Vote  advising  the  removing  of  the  embargo  . 

Vote  advising  a  proclamation  recommending  all  per- 
sons to  conforju  to  the  requirements  of  the 
expired  act  providing  for  the  reception,  &c.,  of 
the  troops,  &c.,  and  approving  of  the  draught 
of  the  same 

Vote  advising  the  issuing  of  warrants  for  impressing 
carts,  oxen  and  horses  for  the  service 

Vote  advising  the  issuing  of  warrants  for  impressing 
horses  for  the  service,  &c.         .... 

Vote  advising  and  consenting  to  warrants  for  paying 
bounties  to  volunteers  iu  the  expedition 
against  Canada 

Vote  advising  that  orders  be  given  to  Col.  Fowle  to 
receive  Gamaliel  Smethurst  into  the  service, 
and  if  he  refuses  to  attend  his  duty  there  to 
commit  him  to  Castle  William 

Vote  advising  a  letter  to  the  Governor  of  New  Hamp- 
shire to  secure  persons  on  board  the  schooner 
Robin  Hood 

Vote  advising  against  impressing  arms,  and  that 
orders  be  given  to  induce  soldiers  to  carry 
their  own  arms,  &c 

Vote  advising  a  proclamation  respecting  deserters 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£65,  6«.  8d.  to  Thomas  Clap,  for  hiring  men 
for  the  army,  in  lieu  of  Quakers 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£200,  to  James  Otis,  for  hiring  men  for  the 
army,  in  lieu  of  Quakers 

Vote  advising  and  consenting  to  a  wan-ant  for  paying 
£2G,  13s.  id.,  to  Ezra  Richmond,  for  hiring 
men  for  tlie  army,  iu  lieu  of  Quakers 

Vote  appointing  a  committee  to  bring  in  a  bill,  &c.,  to 
prevent  desertion,  &c 

Vote  advising  the  issuing  a  proclamation  for  appre- 
hending deserters 

Vote  advising  that  taverners  supply  soldiers  with  pro- 
visions, and  be  paid  from  the  public  treas- 
ury          


Apr.  21,  1758. 

Apr.  24,  1758. 

Apr.  27,  1758. 

May  4,  1758. 

May  4, 1758. 


May     9,  1758. 


May   12, 1758. 

ISIay   15,  1758. 
May  2G,  1758. 


Sept.  8,1758. 
Sept.  11,1758. 
Sept.  21,  1758. 

Mar.  27, 1758. 

May  4,  1758. 
May  12,  1758. 


May  19.  1758. 
May  26,  1753. 


June    8,  1758. 

June    8, 1758. 

June  8,  1758. 
June  1,1758. 
July  25,  1758. 

July  25,  1758. 


Votes  and  Orders. 


1149 


Votes  and  Orders — Continued. 


Acts  eelatinq  to  the 
gkkeeal  subject-mattee. 


Chapter. 


SUBJECT  OF  THE  VOTE,  ETC. 


227 

228 
229 

229 

200 

230 
230 
230 


232 


23G 

237 
33(3 

352 

3G3 

363 

439 

G32 

C32 

634 
691 

693 
697 
785 
785 


1758-59 

1758-59 
1758-59 

1758-59 

1758-59 

1758-59 
1758-59 
1758-59 


1758-59 


1758-59  . 

1758-50  . 

1759-GO  . 

1759-GO  . 

1759-GO  . 

1759-GO  . 

1760-Gl  . 

1762-63  . 

1762-63  . 

1762-63  , 

1763-64  . 

1763-64  . 

1763-64  . 

1764-65  . 

1764-65  . 


20 


21 


Vote  advising  and  consenting  to  a  warrant  for  paying 
£4  to  Thomas  Hutchinson,  for  expenses  in 
apprehending  deserters 

Vote  advising  that  the  Governor  give  orders  for  using 
a  form  of  pay  roll 

Vote  advising  that  the  Governor  order  the  selectmen 
of  Boston  to  send  women,  belonging  to  the 
army,  to  New  York 

Vote  advising  the  Governor  to  direct  the  selectmen  of 
Boston  to  obtain  a  list  of  the  women,  there, 
belonging  to  the  army,  in  order  to  their  being 
sent  to  New  York  and  Halifax 

Vote  advising  that  recruiting  parties  in  the  regular 
service,  marching  through  the  province,  are 
included  in  the  act  for  providing,  &c.,  for  the 
army 

Vote  advising  that  such  parties  ordered  to  any  par- 
ticular town,  on  said  service,  are  also  in- 
cluded in  said  act 

Vote  advising  the  Governor  to  issue  a  proclamation 
empowering  selectmen  to  provide  for  the 
accommodation  of  such  parties 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£139,  7s.  (id.  '6  far.  to  the  selectmen  of  Boston 
for  j)roviding,  in  the  almshouse,  for  \^'oi;ien 
and  chililren  of  the  army;  and  £121,  1;\<:.  Id. 
for  providing  for  them  in  the  workhouse; 
also  £11,  7s.  8c?.  to  Samuel  Procter  for  his 
trouble  with  said  persons  in  the  almshouse; 
and  £10,  SkZ.  to  Josejih  Lasenby  for  his  trou- 
ble with  said  persons  in  the  workhouse  . 

Order  directing  the  commissioners  for  settling  the 
Land  Bank  to  transmit  lists  of  names  of 
partners,  &c.,  to  the  assessors,  &c.,  and  en- 
joining said  assessors  to  transmit  the  same  to 
the  secretary  of  the  province   .... 

Vote  advising  the  issuing  of  a  proclamation  to  en- 
courage enlistments  in  the  navy 

Vote  respecting  military  musters  and  trainings    . 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£10  to  the  town  of  Townshend 

Order  referring  the  consideration  of  the  petition  of 
Samuel  Stevens,  to  the  next  session 

Vote  advising  the  Governor  to  inform  ofilicers  c;f  the 
provincial  troops  at  Louisboui-g,  &c.,  of  the 
contents  of  letters  of  Gen.  Amherst,  and  to 
give  orders  to  suspend  enlistments 

Vote  advising  the  Governor  to  give  orders  for  com- 
pleting the  enlistment  of  500  men   . 

Vote  accepting  report  of  committee  on  the  petitions 
for  a  division  of  the  county  of  York 

Vote  advising  and  consenting  to  a  warrant  for  £10  to 
the  towns  of  Sunderland  and  INIontaguo 

Vote  advising  and  consenting  to  a  warrant  for  £9, 15s. 
5d.  to  the  town  of  Hopkinton  .... 

Vote  for  ajoint  committee  to  revise  the  temporary  laws. 

Order  accepting  the  report  of  the  committee  on  the 
complaint  of  Reuben  Cognehew  and  others, 
and  for  appointing  a  joint  committee  to  bring 
in  a  bill 

Vote  advising  and  consenting  to  the  appointment  of 
commissioners  for  the  Mashpee  Indians 

Order  permitting  the  inhabitants  of  Boston  to  be  in- 
oculated at  Point  Shirley 

Vote  referring  to  a  committee,  the  bill  consolidating 
laws  concerning  highways        .... 

Vote  refusing  a  second  reading  to  a  bill  to  empower 
the  proprietors  of  a  meeting-house  in  New- 
bury to  raise  money,  &c 


Aug.  1,  1758. 
Nov.  18,  1758. 

Sept.  21,  1758. 

Sept.  26,  1758. 

Dec.  5,  l';;58. 
Dec.  5,  1758. 
Dec.     6,  1758. 


Dec.  30, 1758. 


Oct.  5,  1759. 

Mar.  29, 1759. 

Mar.  21,  1759. 

Feb.  7,  1760. 

July  11,  17G1. 


May     5, 17G0. 

May  17,  1760. 

June  12,  17G0. 

May  31,  17G3. 

June  1,  17n3. 
Feb.     1,  17G3. 

Nov.  21,  17G1. 
June  15,  1763. 
Jan.  21, 1764. 
Feb.  15,1763. 

Jan.  25, 17G3. 


1150 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


Acts  eklating  to  the 
genebai.  subject-matteb, 


Year. 


Cliapter. 


SUBJECT  OP  THE  VOTE,  ETC. 


798 
865 
925 

925 
926 

927 
927 
927 
932 

932 


932 

932 
932 

932 

932 
932 
933 

933 
933 

941 

915 
995 


1764-65  . 

1765-66  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 

1766-67  . 


1766-67  . 

1766-67  . 
1766-67  . 

1766-67  . 

1766-67  . 
1766-67  . 
1766-67  . 

1766-67  . 
1766-67  . 

1766-67  . 

1766-67  . 
1767-68  . 


10 

10 
10 

10 

10 
10 
10 

10 
10 

10 

10 
8 


Vote  advising  and  ordering  notice  to  be  published  of 
tbe  disallowance  of  this  act      .... 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£16  to  Sylvanus  Wing 

Order  summoning  Judge  Lynde  to  explain  his  conduct 
in  relation  to  the  i^etition  of  the  creditors  of 
Henry  Quincy 

Vote  advising  the  Governor  to  sign  a  bill  for  the 
repeal  of  the  bankrupt  acts      .... 

Vote  advising  and  ordering  notice  of  the  disallowance 
of  the  repealing  act,  to  be  published  in  the 
Massachusetts  Gazette 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£10,  2s.  6d.  to  Sunderland 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£7,  5s.  to  Grafton 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£50  to  Gloucester 

Vote  advising  the  Governor  to  order  the  sheriff  of 
Suffolk  and  the  peace-officers  of  Boston,  to  be 
vigilant  in  executing  the  laws  and  preserv- 
ing the  peace       

Vote  advising  the  Governor  to  issue  a  proclamation 
requiring  all  justices  of  the  peace  and  all 
civil  and  military  officers,  to  apprehend  any 
and  all  rioters,  and  promising  a  reward  for 
the  discovery,  &c.,  of  any  rioter,  and  a  par- 
don to  such  as  should  betray  their  accom- 
plices     

Vote  advising  that  some  other  method  than  the  ap- 
pointment of  a  military  guard,  would  be 
preferable  for  preserving  the  peace,  and  that 
the  justices  of  the  peace,  and  selectmen  of 
Boston,  be  notified  to  appear,  and  be  recom- 
mended to  enforce  the  law        .... 

Vote  advising  and  ordering  the  appointment  of  a 
committee  to  estimate  the  damages  sustained 
through  the  conduct  of  the  mob 

Vote  advising  the  GoAcrnor  to  notify  the  colonel  of  the 
regiment,  and  the  captain  of  the  Cadets,  in 
Boston,  that  their  assistance  would  be  needed 
to  preserve  peace  in  the  town  .... 

Vote  advising  the  Governor  to  order  out  four  com- 
panies of  the  Boston  regiment,  armed  and 
accoutred,  to  patrol  the  town,  at  night  , 

Vote  advising  the  Governor  to  order  Col.  Jarvis  to 
guard  the  Custom  House 

Vote  advising  the  Governor  that  it  is  not  expedient 
to  write  to  Gen.  Gage  or  Lord  Colville    . 

Vote  advising  the  Governor  to  issue  a  proclamation 
for  apprehending  the  rioters  of  Aug.  26,  and 
offering  rewards  for  detecting  their  leader 
and  others 

Vote  advising  the  Governor  to  direct  the  sheriff  to 
inquire  into  the  escape  of  rioters  from  prison, 

Vote  advising  the  Governor,  that  it  is  not  his  duty  to 
issue  his  proclamation  for  the  arrest  of  the 
escaped  prisoners 

Votes  advising  and  consenting  to  warrants  for  paying 
£3,194, 17s.  6d.  to  Tliomas  Hutchinson;  £172, 
4s.  to  Andrew  Oliver;  £385,  6s.  lOd.  to  Ben- 
jamin Hallowell,  Jr.;  £67,  8s.  lOd.  to  William 
Story     

Vote  advising  and  ordering  the  publication  of  notice 
in  the  Massachusetts  Gazette,  of  the  disal- 
lowance of  this  act 

Vote  advising  and  consenting  to  a  warrant  for  paying 
£11,  10s.  for  expenses  of  the  committee, 
&c 


Feb.  3,  1768. 
June  12,  1764. 

Feb.  19, 1766. 
June  25,  1766. 

Feb.  3, 1768. 
July  24,  1765. 
June  19, 1766. 
Jan.     6,  1768. 

Aug.  14, 1765. 


Aug.  15,  1765. 

Aug.  15,  1765. 
Aug.  27,  1765. 

Aug.  27,  1765. 

Aug.  27, 1765. 
Aug.  27, 1765. 
Aug.  28, 1765. 

Aug.  28, 1765. 
Oct.      2, 1765. 

Oct.    24,1765. 

Dec.  10, 1766. 
Oct.  15,  1767. 
Mar.  11, 1767. 


Votes  ajsd  Orders. 


1151 


Votes  and  Orders — Continued. 


Act  eelatinq  to  the 
gekeeal  subject-mattes. 

SUBJECT  OF  THE  VOTE,  ETC. 

Date. 

& 

£ 

Year. 

Chapter. 

1044 

17G8 

5    . 

Order  accepting  the  report  of  the  committee  on  the 
petition  of  Samuel  Stillman  and  others,  and 
dismissing  the  petition 

Apr.  25,  1771. 

RESOLVES  BY  THE  HOUSE  OF  REPRESENTATIVES. 


1757-58 

1757-58 
1764-65 

1764-65 


1764-65  . 

4 

1765-66  . 

18 

1765-66  . 

18 

1765-66  . 

18 

1765-66  . 

25 

1766-67  . 

6 

1766-67  . 

10 

1766-67  . 

10 

1766-67 
176G-67 

1766-67 
1766-67 

1767-68 


Resolve  on  the  petition  of  Duncan  Campbell,  allow- 
ing him  £5,  9s.  4d.  to  reimburse  him  his 
expense  in  transporting  from  Cambridge  a 
number  of  Acadians 

Resolve  remitting  the  value  of  stamps  paid  for,  and 
unused  at  the  expiration  of  the  Stamp  Act  . 

Resolve  granting  £26, 12s.  to  N^'  Salem,  and  adding 
that  sum  to  the  next  year's  tax  on  Sunder- 
land and  Montague 

Resolve  ^granting  leave  to  the  inhabitants  of  New. 
Salem,  to  tax  non-resident  proprietors  one 
penny  per  acre 

Resolve  ordering  the  treasurer  to  draw  bills  of  ex- 
change, as  by  law  directed        .... 

Resolve  remitting  taxes  laid  upon  Bernardstnn  in  1763 
and  1764,  and  laying  the  same  upon  other 
towns 

Resolve  remitting  ^xes  laid  upon  Huntstown  for  the 
years  176;^,  1763  and  1764,  and  laying  tlie 
same  upon  other  towns 

Resolve  apportioning  the  tax  for  1765,  on  Bernards- 
ton,  Huntstown,  Chesterfield  and  Charle- 
mont 

Resolve  dismissing  the  petition  of  the  first  parish  in 
Falmouth 

Resolve  for  taxing  several  towns  their  fines,  for  not 
sending  representatives 

Resolve  to  take  action  on  the  report  of  the  committee 
on  the  riots 

Resolve  that,  in  i^assing  the  bill  for  compensation 
and  pardon,  the  house  are  influenced  by  a 
regard  to  the  King's  recommendation,  a  def- 
erence to  the  opinions  of  patrons  of  the  colo- 
nies, in  Great  Britain,  and  by  a  regard  for  the 
preservation  of  peace  and  order,  &c  ;  and 
that  their  action  is  not  to  be  drawn  into  a 
precedent      

Resolve  condemning  the  action  of  the  sufferers,  for 
complaining  to  Great  Britain  rather  than 
applying  to  the  assembly  here,  for  redress 

Resolve  declaring  that  the  resolutions  of  the  House 
of  Commons,  as  to  the  tendency  of  tlie  resolu- 
tions of  divers  assemblies  in  America,  do  not 
apply  to  the  resolutions  of  this  house 

Resolve  directing  the  commissary  general  to  execute 
the  resolve  of  Feb.  15 

Resolve  apportioning  cost  of  support  of  sundry  Aca- 
dians, in  a  tax  on  the  towns  to  which  they 
were  assigned 

Resolve  granting  money  to  Timothy  Paine  and  others, 
on  their  petition,  and  taxing  South  Brimfield 
therefor 


Mar.  20, 1758. 
Mar.  22,  1758. 

Dec.  30,  1763. 

Dec.  30,  1763. 
Jan.  29, 1765. 

June  11,  1765. 

June  11, 1765. 

June  11,  1765. 
Apr.  26,  1771, 
June  5, 1766. 
June  28, 1766. 


Dec.    5, 1766, 
Dec.     5,  1766. 

Dec.    5, 1766. 
Feb.  20, 1766. 

June  27, 1766. 

June  12,  1767. 


VOTES  AND  ORDERS  OF  THE  HOUSE  OF  REPRESENTATIVES. 


1757-58 


Order  postponing  consideration  of  the  report  of  the 
committee  on  the  expense  of  supporting  the 
Acadians 


Apr,  18,  1759. 


1153 


Votes  and  Orders. 
Votes  and  Orders — Continued. 


170 
139 


237 
240 

363 

558 
701 
785 

788 

789 
789 
791 
875 
928 
929 
936 
937 
938 

938 

947 
947 

947 
948 

948 
948 
948 


Acts  relating  to  the 
general  subject-matter. 


Year. 


Chapter. 


1757-58 

1757-58 


1758-59 
1758-59 

1759-60 
17G1-62 
1761-62 

1763-64 

1764-65 

1764-65 

1764-65 
1764-65 
1764-65 
1765-66 
1766-67 
1766-67 
1766-67 
1766-67 
1766-67 

1766-67 

1766-67 
1766-67 

1766-67 
1766-67 

1766-G7 
1706-67 
1766-67 


9    . 
30    . 


21  . 

32  . 

40  . 

9  . 
28  and  29, 

30  . 

7  . 

13  . 

17  . 

18  . 
28  . 

31  . 


SUBJECT  OF  THE  VOTE,  ETC. 


Order  empowering  Jonathan  Belding  to  bring  an 
action  of  trover,  &c.,  notwitlistanding  the  act 
of  limitation  of  actions 

Vote  to  request  the  Governor  to  is>ue  his  proclamation 
extending  the  time  for  paying  bounties  to 
persons  enlisting  for  the  expedition  against 
Canada;  and  to  apjioition  the  number  to  be 
raised  among  the  several  regiments  without 
regard  to  such  as  are  already  iu  the  service, 
&c 

Vote  directing  the  province  treasurer  to  i^ay  the  wages 
of  deceased  soldiers  to  their  widows 

Order  referring  report  on  the  Governor's  message  trans- 
mitting letters  of  Gen.  Amherst,  to  the  next 
^ssion 

Vote  extending  the  time  for  the  enlistment  of  500  men, 
to  June  30 

Order  of  notice  on  the  petition  of  Dutch  inhabitants  of 
Great  Barrington 

Order  directing  the  attorney  general  to  stay  proceed- 
ings on  the  recognizance  of  Thomas  Noble 
and  Nathaniel  Williams 

Order  for  appointing  a  joint  committee  on  a  petition 
of  inhabitants  of  the  westerly  part  of  Lunen- 
burg        

Order  permitting  the  elders  and  members  of  the 
Presbyterian  church  in  Newburyport  to  bring 
in  a  bill  for  taxing  pews,  «&c 

Vote  on  a  petition  of  inliabitants  of  Gorhamtown, 
allowing  the  petitioners  to  i^repare  and  report 
the  draught  of  a  bill 

Order  of  notice  on  a  petition  of  the  inhabitants  of 
Middlesex 

Order  of  notice  on  the  petition  of  Jaazauiah  How  and 
others 

Order  for  a  joint  committee  to  prepare  an  answer  to 
the  Governor's  message      .        .        .        ... 

Order  for  a  joint  committee  on  the  petition  of  South 
Brimfield 

Order  appointing  a  committee  on  the  petition  of 
Joseph  "Wilder,  Jr.,  and  Caleb  Wilder    . 

Order  exempting  six  men  in  the  employ  of  John 
Mascarene,  from  impressment  .        .        .        . 

Order  ap]iointing  a  committee  to  inquire  into  the  riots, 
&c. 

Order  postponing  the  consideration  of  the  petitions  for 
indemnity  for  injuries  by  the  riots    . 

Vote  rejecting  froin  the  act  of  indemnity,  &c.,  a  clause 
obliging  towns  in  tlie  future,  to  make  com- 
pensation for  injuries  caused  by  riots 

Order  directing  tlie  i^rinters  to  publish  copies  of  the 
bill  and  the  agents'  letters  for  the  use  of 
the  several  towns 

Order  appointing  a  committee  to  inquire  into  the  state 
of  the  Acadians  in  this  province 

Order  appointing  a  committee  to  prepare  a  resolve  to 
prevent  furtlier  expense  on  account  of  the 
Acadians 

Order  appointing  a  committee  to  prepare  an  answer 
to  the  Governor's  message         .        .        .        . 

Order  appointing  a  committee  to  inquire  as  to  the 
liability  of  certain  towns  for  the  support  of 
Acadians 

Order  appointing  a  committee  to  inq-.iire  into  the  cir- 
cumstances of  ISIiciiael  Daigle  . 

Order  apirointing  a  committee  to  inquire  into  the  au- 
thorization of  certain  payments  and  expenses, 

Order  for  a  joint  committee  to  take  care  of  the  prov- 
ince poor,  iu  Boston,  &c 


Dec.  31,  1757. 


Apr.  22,  1758. 
Feb.  1, 1759. 

Mar.  28,1759. 
June  17,  1760. 
June    1,  1762. 

Feb.  13,  1762. 

June    3,  1763. 

June    4,  1764. 

June  4,  1764. 
Feb.  8,  1765. 
June  12,  1762. 
June  15,  1763. 
June  16,  1763. 
Dec.  12,  1755. 
Oct.  20,  1756. 
June  28, 1766. 
Oct.    30,  1766. 

Nov.    2, 1766. 

Nov.  2,  1766. 
June  11,  1766. 

June  18, 1766. 
June  25,  1766. 

June  6, 1767. 
June  9, 1767. 
June  10,  1707. 
Feb.  26,  1768. 


Votes  and  Orders. 
Votes  and  Orders — Concluded. 


1153 


Acts  eelatino  to  thb 
general  8ubjeci-uatisb. 

SUBJECT  OF  THE  VOTE,  ETC. 

Date. 

to 

Year. 

Chapter. 

996 

1004 
1044 

1767-63  . 

1767-68  . 
1768 

8    . 

19   . 
6   .       . 

Order  laying  a  tax  on  the  towns  of  Newbury  and 
Newburyport 

Order  granting  leave  to  bring  in  a  bill    .... 

Order  for  a  joint  committee  to  bring  in  a  bill,  for  re- 
pealing this  act 

June  11, 1767. 
Feb.     1, 1768. 

Apr.  25,1771. 

k 


GENERAL    INDEX. 


1155 


INDEX. 


ACADIA.    {See  Nova  Scotia.) 
ACADIANS.    {See  Poor.) 
ACCORD  POND.    {See  Hingham.) 
ACCOUNT.     {See  Actions.') 
ACTIONS.    {See  Lawsuits,  Limitations,  Ser- 
vice.) 
of  debt,  detinue,  account,  covenant,  case,  tro- 
ver,  assumpsit,  or  on  express  con- 
tract,  attachment  by  trustee  process, 

how  made 168 

certain,  against  commissioners  of  land-bank 

scheme,  forbidden     ....    191 

for  trespasses  against  Indians      ....    164 

Indians  not  liable  to  actions  for  debt,  unless      .    164 

act  to  prevent  unnecessary  costs,  continued      .    370 

ADMINISTRATORS.    {See  Estates  of  Per- 

sons  Deceased.) 
ADULTERY. 

act  in  addition  to  act  against      ....      622 
AFFIRMATION.     {See  Oath.) 
AGENT     OF    THE    PROVINCE    AT 
THE  COURT  OP  GREAT 
BRITAIN.     {See  Bills  of  Ex. 
change.     Parliamentary      Grant, 
Treasurer;   Votes  and  Okders, 
pp.  1132,  1137;  Resolves  by  the 
COUNCEL,  p.  1144.) 
AIiEWIVES.     {See   Fish,  Hing ham.  Middle. 

borough,  Weymouth.) 
ALIAS  EXECUTION.    {See  Execution.) 
AMHERST.      {See  Votes  and  Orders,  p. 
1128.) 

district  of,  erected 

to  join  with  Hadley  in  choice  of  representa- 
tive       

ANABAPTISTS.    {See  Resolves,  p.  1127; 
Votes    and    Orders,   p.    1143; 
Votes  and  Orders  of  the  Coun- 
cil, p.  1151 ;  Votes  and  Orders 
OF  THE  House  of  Representa- 
tives, p.  1153.) 
exempted  from  ministerial  taxes ....      67 
what  persons  to  be  accounted      ....      68 
APPRENTICE. 

complaints  by  and  against 17ft 

enlisting,  not  to  be  deemed  a  deserter  from  his 

master 179 

APPROPRIATIONS. 

for  billeting  men  in  service  ....    200,  529 
bounty  for  enlisted  men,     199,  216,  335,  427,  461, 

529,  539 
bounty  upon  wheat  and  flour,    680,  727,  813,  882 

956, 1015 

campaign  of  1760 579 

of  1761     .        .        .      470,  539,  579,  603 
of  1762     .        .        .      839,  603,  666,  680 


173 


173 


APPROPRIATIONS- Con«n?ierf. 

contingent  expenses,      19,  161,  461,  580,  667,  727, 

813,  882,  956,  1015 

debts  where  no  establishment,     18, 161,  269,  376, 

460,  579,  666,  727,  813,  882,  956,  1015 

expedition  to  Canad.i       .      161,  208,  376,  421,  460 

expedition  to  Crown  Point         .        .        .18,  160 

forts  aijd  garrisons,  18, 161,  376, 460,  579,  666,  726, 

813,  882,  956,  1015 

grants,  premiums,  8:c.,  18,  161,  269,  376,  460,  579, 

603,  606,  680,  727,  812,  8S2,  956,  1014 

hiring  men  in  lieu  of  Quakers       .        .        .    199 

loan  to  town  of  Boston 21 

munitions  of  war 161,  377 

pay  of  members  of  house  of  representa- 
tives and  council,      18,  161,  269,  376,  460, 
580,  666,  727,  812,  882,  1014 
paying  those  who  went  to  relief  of  Fort 

William  Henry  ....    269,  377 
purchasing  provisions,  commissaries'  dis- 
bursements, &c.,      18,  161,  199,  216,  269, 
376,  460,  529,  579,  666,  727,  812,  882,  956, 
1015 
redemption  of  government  securities,     470,  485, 
623,  811,  880,  958,  1026 

trade  with  Indians 427 

vessels  of  war  .        18, 161,  269,  376,  461,  580,  666 
wages  of  persons  in  service,      161, 199,  268,  421, 

427,  492 
ARBITRATION. 

in  bankruptcy  proceedings 37 

ARMS.     {See  Service.) 
ARMY.     {See  Service.) 
ARREST.     {See  Bankruptcy,  Sermce.) 
ASHBURNHAM.    {See  Resolves,  pp.  1122, 
1139.) 

incorporated  into  a  town 739 

part  of,  with  parts  of  other  towns,  erected  into 

a  town  by  the  name  of  Ashby         .    908 
ASHBY.    {See  Votes  and  Orders,  p.  1142.) 

erected  into  a  town 909 

to  join  with  Townsend  in  choice  of  representa- 
tives     909 

ASHPIELD.  {See  Resolves,  pp.  1121,  1123; 
Votes  and  Orders, pj5. 1140, 1141, 
1143;  Votes  and  Orders  of  the 
Council,  p,  1151;  Resolves  by 
the  House  of  Representatives, 
p.  1151 ;  Votes  and  Orders  by  the 
House  of  Representatives,  p. 
1153.) 

erected  into  a  town 815 

additional  act 1015 

ASSEMBLIES,  UNLA^WFUL.  (SeeBiots.) 
ASSESSMENT.    (See  Common  Lands,  Taxes, 
Valuation.) 

1167 


1158 


Index. 


ASSESSORS.     (.See  Oath,    Taxes,    Tonnage, 
Valuation.) 
to  be  chosen  by  inhabitants  of  plantations         .    471 
ASSESSORS  AND  COLLECTORS. 
ofministerialand  religious  taxes,  how  appointed 
when  majority  of  town  assessors  are 

Quakers 180 

ASSIGNEE.    {See  Bankruptcy,  Trustee.) 
ASSIZE,  COURT  OP.    {See  Superior  Court 

of  Judicature.) 
ASSIZE  OP  CASKS.    {See  Casks.) 

of  shingles,  staves,  hoops,  aftd  clapboards         .    574 
ASSUMPSIT.    (,See  Aciiona.) 


ATHOL.    {See  Resolves,  p.  1122;  Votes  and 
Orders,  p.  1140.) 

erected  into  a  town 534 

records  of  proprietors  coniirnied .        .        .    805 
ATTACHMENT. 

of  goods  and  estate  of  absconding  debtor,  in  the 

hands  of  third  parties      .        .       .    168 
by  order  of  justice  of  the  superior  court   .        .    777 

further  act 804 

of  estates  transferred  under  bankropt  law,  void,  404 
ATTORNEY. 

sheriff,  &c.,  not  to  appear  as,  except  .       .    175 


B. 


699 


40 


BAKE-HOUSES. 

in  Boston,  to  be  licensed      .       .       .       •       • 
BAKERSTOWN.    {See  Townships.) 
BANKRUPTCY.    {See  Votes  and  Orders, 
pp.  1133, 1134, 1140, 1142;  Resolves 
BY  THE  Council,  p.  1144 ;  Votes 
AND  Orders  of  the  Coxjncil,  pp. 
1145,  1150.) 
bankrupts. 

act  providing  remedy  for       .... 

allowance  to 

after  obtaining  certificate,  to  attend  assign- 
ees, to  settle  accounts 
penalty  for  neglect  .        .        .       .        40, 41 
after  apprehension,  how  to  have  benefit  of 

act 39 

death  of 42 

discharge  of 780 

future  estate  liable  to  creditors     ...      39 

gaming  by 39 

how  to  plead  discharge 38 

in  what  cases  persons  adjudged    .        .        29,  30 
may  be  examined  on  oath      ....      31 
may  inspect  his  books  and  writings,  when  .      38 
not  to  be  allowed  benefit  of  act,  unless 
not  to  be  secreted,  on  penalty       .        .        . 
penalty  for  falsely  swearing  money  due 
to  be  discharged  from  debts  .... 
to  be  free  from  arrest,  when 
to  deliver  books,  &c.,  on  oath,  to  assignee  . 
warrant  for  apprehension  of         .        .        . 
when  deemed  out  of  his  majesty's  protection, 
wife  of,  may  be  examined      .... 
may  be  imprisoned  for  refusing  to  an- 
swer     32 

assignees. 

notice,  meeting,  choice 36 

appointed  by  commissioners  may  be  re- 
moved by  creditors  .... 
neglect  of,  how  punished  .... 
new  choice  of,  when  to  be  ordered  by  com- 
mander-in-chief .... 
to  give  notice  of  meetings  .... 
may  be  examined  on  oath  .... 
proceedings  for  division  .... 
may  submit  differences  to  arbitration  . 

second  dividend 

attachments  on  estates  transferred  under  fonner 

act  made  void 404 

certificates  under  fonner  act  rendered  valid      .    404 
commission  not  to  issue  on  single  debt  less 

than  £50 40 


BANKRUPTCY— Con^mwet?. 

not  to  abate  by  demise  of  the  crown    .       .      4^ 

fee  for  renewing 42 

commissions  begun,  to  be  finished      .       .       .    403 
commissioners. 

action  against,  pleadings,  trial      ...      42 

appointment 30 

empowered  to  finish  their  trusts  .        .        .    403 
expenses  for  eating  and  drinking  at  meet- 
ings not  allowed        ....      41 

grant  of  lands,  &c. 42 

lands  fraudulently  conveyed,  how  disposed 

of 33 

may  examine  on  oath     .        .        .        .30,  31,  32 
may   issue    warrants   for    breaking   open 

house,  &c. 31 

oath,  how  administered .        .        .        .        41, 42 
order,  &c.,  good  against  wife  or  children  of 

bankrupt 31 

pay 41 

to  account  to  bankrupt  for  estate  ...      35 
to  assign  or  dispose  of  debts  duo  to  bank- 
rupt   . 35 

to  give  public  notice  of  persons  declared 

bankrupt 31 

to  pay  sui-plus  of  estate  to  bankrupt    .        .      35 
creditors  petitioning  for  commission,  to  prose- 
cute at  their  own  cost  till  assignees 

are  chosen 36 

debtors  of  bankrupt,  not  to  be  endangered  for 

bona  fide  payments  to  .  .  .35 
fraudulent  consent  to  discharge  .  .  .  43,  44 
money  forfeited  under  act,  how  recovered,  34,  35 
persons   committing   perjury   in  proceedings, 

how  punished 34 

excepted  from  act 41 

fraudulently  claiming  debts,  &c.,  how  pun- 
ished   34 

giving  credit  to  bankrupts,  bona  fide,  may 

prove  claims 43 

intrusted  with  and  concealing  estate,  how 

punished 34 

petition,  proceedings 40 

holder  of  security  may  join  in       ...      40 
private  agreement  with  person  suing  out  com- 
mission        40 

purchaser  of  land  for  valuable  consideration     .      43 

record  of  proceedings 41 

BAPTISTS.    {See  Anabaptists.) 
BARGAIN  AND  SALE. 

at  fairs,  regulated 677 


Index. 


1159 


BAKNSTABLE. 

act  to  prevent  injury  by  cattle,  Ssc,  at  Sandy- 
neck  meadow  in,  renewed       .        .    419 
act  to  prevent  injury  by  cattle,  &c.,  on  meadows 

and  beaches  of 22 

said  act  renewed 974 

act  relating  to  oysters  in 743 

said  act  renewed 991 

regulations  relating  to  hunting  in  .  .  .  814 
BARNSTABLE  COUNTY.  {See  General 
Sessions  of  the  Peace,  Inferior 
Court,  Superior  Court  of  Judica- 
ture ;  also  Votes  and  Obdebs,  p. 
1138.) 
jail  in,  prisoners  in,  to  be  removed  to  Plymouth 

jail,  &c 1018 

BASKET.     (See  Charcoal.) 
BASTARD  CHILDREN. 

act  relating  to  support  of      .        •       •       «       .    178 
said  act  renewed  in  part        ....    920 
BATTERYMARCH  STREET.    (.See  Bos- 
ton.) 
BEACHES.    {See  Barnstable,  Chilmark,  EasU 
ham,  Plymouth,    Truro,  Wellfleet, 
Wells,  Yarmouth.) 
BEAVERS. 

bunting  of,  regulated 690,  765 

BECKET.  {See  Number  Four,  Resolves,  p. 
1121;  Votes  and  Okders,^.  1139.) 

town  of,  erected 817 

BEDFORD. 

Edward  Stearns  and  his  lands  annexed  thereto,    906 
BEEP.     {See  Casks.) 
BEER.     {See  Excise.) 

BELCHERSTOWN.  {See  Resolves,  p. 
1121 ;  Votes  and  Orders,  p.  1135.) 

incorporated  into  a  town 464 

BERKSHIRE  COUNTY.  {See  General 
Sessions,  Inferior  Court,  Superior 
Court;  Votes  and  Orders,  p. 
1134.) 

erected 432 

courts  in 433,  466,  907 

, assessors  of  certain  new  plantations  in,  given 

powers  to  levy  on  and  sell  lands     .    533 
BERNARDSTON.    {See  Resolves,  p.  1121; 
Votes  and  Orders, />/>.  1139, 1140; 
Resolves  by  the  House  or  Rep- 
resentatives, p.  1151.) 

erected  into  a  town 530 

proprietors  of  lands,  meetings  regulated   .       .    723 

additional  act 736 

BIDDEFORD.     {See  Pepperellborough.) 

act  establishing  toll  on  bridge      .        .        .        .1019 
BILLERICA. 

Edward  Stearns  and  lands  set  off  from,  to  Bed- 
ford     906 

BILLETING.     {See  Service.) 
BILLINGSGATE  BAY.    {See  Eastham.) 
BILLS  OP  EXCHANGE,  PROVINCE. 
{See  Treasurer;  Resolves, p.  1121 ; 
Votes   and   Orders,  pp.    1132, 
1134, 1137 ;  Resolves  of  the  Coun- 
cil, p.  1144;  Resolves  by  the 
House  or  Representativbs,  p. 
1151.) 
to  be  drawn  on  the  agents  of  the  province,  for 
parliamentary  grants,  458,  581,  662, 
719,  805 


BILLS  OP  PUBLIC  CREDIT.    {See  Oath, 
Treasurer.) 
of  Connecticut,    New  Hampshire  and  Rhode 
Island,  act  in  addition  to  former  act 
for  preventing  the  currency  of       .    220 

not  to  be  received  or  paid 513 

further  act 922 

BIRTHS.     {See  Fees.) 

BLACK-MAIL.    {See  Threatening  Letters.) 

BOARDS.    {See  Clapboards.) 

BONDS. 

on  vellum,  &c.,  not  properly  stamped,  to  he 

valid 86 

BONFIRES. 

act  to  prevent,  in  streets  and  lanes,  renewed,  78,  617 
BOOTHBAY. 

erected  into  a  town 731 

BOSTON.     {See  Bake-houses,  Buildings,  Conta- 
gious Diseases,  Faneuil  Hall,  Fire, 
Guns,    Lotteries,    Poor,    Porters, 
Wood;  Votes  and  Orders,  pp. 
1129,    1132,    1142,    and    references 
under  Nova  Scotia.) 
Neck,  lottery  established  for  pavement  of       .    222 
Batterymarch  Street,  newly  established,    920 
collectors  of  taxes  in,  enabled  to  sue  for 
and  recover  rates  and  taxes  in  cer- 
tain cases 663 

said  act  renewed 859 

council  and  selectmen  authorized  to   remove 
buildings    unlawfully    erected    on 

burnt  district 321 

fines  for  neglect  of  jury-duty  in,  how  applied  .  319 
fire-wards,  six  may  be  elected  ....  661 
land-bank  commissioners  to  sit  in  .  .  .  191 
loan  of  £3,500,  act  renewed  ....  398 
new  streets  in  burnt  district,  how  laid  out  .  320 
damages  for  taking  land,  &c.,  how  ascer- 
tained   320 

nuisances  and  incumbrances  in  Dock  Square    .    724 
rebuilding  part  destroyed  by  fire,  regulations    .    378 

additional  act 431 

treasurer  to  receive  sums  raised  by  lottery         .    222 
watch  established  for  safety  and  good  order      .    462 

act  renewed 681 

BOSTON  NECK.  {See  Boston,  Lotteries; 
Declaratory  Resolves,/?.  1123; 
Votes  and  Orders,  j9.  1129.) 
BOUNDARY  LINE.  {See  Resolves,  p. 
1123;  Votes  and  Orders, p.  1143.) 
between  Massachusetts  and  New 
York,  commissaries  appointed  to 

settle 993 

BOUND-BROOK     ISLAND.      {See    Well- 

Jleet.J 
BOUNTY.    {See Appropriations,  Quakers,  Ser- 
vice, Wheat.) 
BOWDOINHAM. 

incorporated  into  a  township       ....    600 
BRAINTREE. 

act  relating  to  fishing  in,  renewed       ...    420 
BRANDY.     {See  Excise.) 
BRIBERY  AND  CORRUPTION.    {See 
Votes  and  Orders,  p.  1127.) 

act  to  prevent 69 

BRIDGE.  {See  Lotteries,  York,  County  of;  Re- 
solves, p.  1120;  Votes  and  Or- 
ders, pp.  1131, 1132, 1144.) 


1160 


Index. 


BRIDGE—  Continued. 

over  Saco  and  Presumpscot  Rivers  in  York 

County 46 

from  Biddeford,  act  establishing  toll  .       .        .  1019 
in  Westfield,  how  rebuilt     ....  740, 1023 
over  Parker  River,  toll  established     .       .       .  1030 
BRIDGES,  PRIVATE. 

act  to  regulate  expense  of,  renewed    .       .       •    530 
BRIMFIELD.     {See  South  Brimfield;  Re- 
solves, pp.  1120, 1121.) 
southern  part  erected  into  a  district  by  the 

name  of  Bontb  Brimfield.       .       .    601 


334 


810 
879 


BRIMFIELD— ConiJmMcrf. 

westerly  part  erected  into  a  district  by  the 

name  of  Monson 

BRISTOIi.    {See  Votes  and  Orders,  p.  1142.) 
town  of,  erected  in  the  county  of  Lincoln  . 
additional  act  annexing  lands 
BUILDINGS.    {See  Votes  and  Orders,  ;)p. 
1132,  1134.) 
in  Boston,  regulations  for,  321, 378, 379, 380, 431,  686 
on  wharf,  how  constructed    ....    380 
erected  contrary  to  law,  exempted  from  pen- 
alty on  certain  conditions         .        .    380 


c. 


CANADA.    {See  Lotteries,  Quakers,  Service; 
Votes    and    Orders,  pp.  1127, 
1128.) 
expedition  against,  acts  relating  to,  76,  86,  88,  157, 
163, 191, 195,  215,  281 
CANNON.    {See  Guns.) 

CAPE-COD  HARBOR.  {See Provincetown.) 
CAPE  ELISABETH.  {See  Resolves,  p. 
1122;  Declaratort  Resolves,  p. 
1124;  Votes  and  Orders,  p.  1141; 
Resolves  bt  the  Council,  p.  1144 ; 
Resolves  by  the  House  or  Rep- 
resentatives, p.  1151.) 

district  of,  erected 838 

to  join  with  Falmouth  in  choice  of  repre- 
sentative      838 

CARTER.    {See  acts  relating  to  wood.) 
CAS  CO  BAY. 

islands  in,  Included  in  Cumberland  County       .    373 
CASE,  ACTION  OP.    {See  Actions.) 
CASKS.    {See  Impost.) 

assize  of,  act  for  regulating,  renewed         .        .    324 
act  in  addition  to  act  for  regulating,  renewed  529, 

974 
gauge  of,  act  to  prevent  deceit  in,  renewed       78,  617 
of  potash  and  pearlash,  to  be  branded        .     900,975 
CASTLE     WILLIAM.      {See  Dorchester, 
Fees,  Service.) 
enlistment  for  service  at,  from  Dorchester,  Wey- 
mouth, and   Charlestown,  act  re- 
newed          370 

CATTLE.  {See  Chilmark,  Common  Lands, 
Eastham,  Fences,  Harwich,  Plym- 
outh, Pounds,  Stock,  Tisbury,  Tru- 
ro, Wellfleet,  Wells,  Yarmouth.) 
CENSUS.  {See  Resolves,;?.  1122;  Votes  and 
Orders,/).  1140 ;  Resolves  BY  THE 
Council,/).  1144;  Votes  and  Or- 
ders OP  THE  House  of  Repre- 
sentatives, p.  1152.) 

of  Province,  to  be  taken 

CHARCOAL. 

regulations  as  to  baskets 

CHARLEMONT.    {See  Resolves,  p.  1123; 
Votes  and  Orders,  p.  1143;  Re- 
solves BY  the  House  of  Repre- 
sentatives, p.  1151.) 
plantation  erected  into  a  town  by  the  same  name, 
assessors  of,  enabled  to  collect  certain  taxes 
CHARLES  RIVER. 

regulations  relating  to  fishing      .       .        .92,  776 


752 


178 


816 
1020 


CHARLESTOWN.      {See    Castle    William, 

Courts,  Fire,  Lotteries.) 
CHELSEA. 

small-pox  hospital  at  Point  Shirley     .        .        .    729 
CHESTERFIELD.      (5ee  Votes   and    Or- 
ders, p.  1157;  Resolves  by  the 
House  of  Representatives,  p. 
1151.) 

town  of,  incorporated 573 

CHILDREN.     {See  Minors.) 

penalty  for  selling  strong  drink  to  .  .  .59 
CHILMARK.  {See  Votes  and  Orders,  pp. 
1138,  1142.) 
act  impowering  the  assessors  to  apportion  the 
province,  county,  and  town  taxes 
on  the  owners  of  stock  kept  in  Chil- 
mark and  the  islands  adjoining, 
though  residents  of  Dartmouth,  and 

other  towns 616 

act  to  prevent  damage  to  meadows  and  beaches,    909 
act  to  prevent  destruction  of  salt  meadows  in    .    988 
CHILMARK  POND.     {See  acts  concerning 

Chilmark..) 
CHINA-WARE.     {See  Excise.) 
CHRISTIANTOWN.    (^See  Votes  and  Or- 
ders, p.  1138.) 
Indian  deeds  to  lands  in,  confirmed    .        .        .    619 
CLAPBOARDS,  SHINGLES,  STAVES 
AND  HOOPS. 

assize  of 574 

cullers  of  hoops  and  staves,  appointment,  duties,    574 
surveyors  of  clapboards  and  shingles,  choice, 

duties 575 

vessels  not  to  be  cleared  without  certificate  of 

inspection 575 

act  renewed 766 

CLERKS. 

of  proprietors  of  plantations,  to  be  chosen        .    471 
CLERKS   OF   COURTS.     {See  Fees.) 

to  complete  records  within  six  months       .        .    618 
justices  to  inspect  conduct  of       ...        .    619 
papers  left  unrecorded  by  deceased  clerks,  to 
be  recorded,  and  charges  paid  from 
the  estate  of  deceased  clerk     .        .    661 
former  clerks,  if  living,  to  defray  charges  of 

recording  papers  loft  unrecorded    .    662 
surviving  clerks  to  prosecute  for  and  re- 
cover such  charges    ....    662 
COASTING-VESSELS.    {See  Vessels.) 
COFFEE.    {See  Excise.) 
COIN. 

act  ascertaining  rates  of  legal  tender    .       .       .515 


Index. 


1161 


COLDSPKING. 

plantation  of,  incorporated  into  a  town  by  the 

name  of  Belcher's  Town  .        .        .    464 
COLLECTORS    OF  EXCISE.     {See  Ex- 
cise.) 
COLLECTOKS  OF  TAXES.    {See  Boston, 
Newburyport,  Oath,  Taxes.) 
to  be  chosen  by  proprietors  of  plantations        •    471 
COLRAIN. 

incorporated  into  a  town 466 

COMMISSARIES. 

to  settle  boundary  line  between  Massachusetts 

and  New  York 993 

COMMISSIONERS  OF  IMPOST.    (-See 

Impost.) 
COMMISSIONERS  OF  SEWERS.    {See 

Sewers.) 
COMMISSIONERS   for  settlement    of 
Land-Sank,  or  Manufactory 
Scheme. 

appointment 189, 919 

powers 190,919 

COMMON    FIELDS.      {See     Partition  of 
Lands.) 
in  Hampshire  County,  regulations       .    524,  679,  859 
COMMON     LANDS.      {See     Coparceners, 
Fences,  Framingham,  Partition  of 
Lands.) 
proprietors  of,  provisions  concerning        .       .    218 

act  renewed 530,  974 

COMMON  PLEAS.    {See  Inferior  Court  of 

Common  Pleas.) 
COMMON  ROADS.    {See  Ways.) 

act  relating  to,  continued 220 

COMMON  SEWERS.   {See  Drains,  Sewers.) 
CONCORD  RIVER. 

acts  relating  to  fishing  in      .        .        .        .92,  742 
CONNECTICUT.  {See  Bills  of  Public  Credit.) 
CONSTABLE.     {See  Fees,  Taxes,  Towns.) 

how  accountable  for  certain  misfeasances  .        .    190 
may  make  forcible  entry  in  search  of  deserters, 

provided 156 

CONTAGIOUS  DISEASES.  {See  Re- 
solves, pp.  1121, 1122;  Votes  and 
Orders,  pp.  1139,  1140;  Votes 
AND  Orders  of  the  Council, 
p.  1149.) 
act  relating  to,  renewed        ....     278,  617 

on  vessels,  how  regulated 45 

small-pox. 

act  to  prevent  further  spreading  in  Boston,    668 
regulations    to    prevent   spread  of,  in  all 

towns  and  districts  ....  728 
inoculation  in  Boston,  regulations  .  .  729 
time  and  place  of  holding  courts  changed 

on  account  of,  in  1764  .  .  .  678 
trials  by  jury  continued  from  February  to 

August,  1764,  on  account  of     .        .    685 
CONTRIBUTION. 

by  legatees,  devisees  or  heii's,  to  devisee  or 
legatee  whose  land  or  chattels  are 
taken  on  execution  against  testator,    221 


CONWAY. 

district  of,  incorporated  from  the  south-west- 
erly part  of  Deerfield       .        .       .    955 
to  join  with  Deerfield  in  choice  of 

representative 955 

COPARCENERS,    joint     tenants    and 
tenants  in  common. 
act  to  prevent  waste  by,  renewed,  78,  617 
CORD-WOOD.    {See  Wood.) 
CORN.    {See  Grain.) 
CORONERS.    {See  Fees.) 

how  accountable  for  certain  misfeasances  .        .    190 

to  serve  certain  executions 190 

CORRUPTION.     {See  Bribery.) 
COSTS.     {See  Actiojis,  Fees.) 

in  criminal  prosecutions,  how  paid     .        .        .    750 
of  suit  in  trustee  process  against  absent  debtor,    169 
when  the  writ  is  drawn  or  filled  by  sherifi^,  &c.,    175 
COUNCIL.    {See  General  Court,  Governor.) 
councillors  to  take  oath  concerning  foreign  bills 

of  credit 514, 923 

COUNTERFEITING.  {See  Excise,  Lot- 
teries ;  Votes  and  Orders,  p. 
1135;  Votes  and  Orders  of  the 
House  of  Representatives,  p. 
1152.) 

act  against,  renewed 370 

COUNTIES.     {See  Inferior  Court,  Sessions  of 
the  Peace,  Superior  Court.) 
two  new  counties  erected  in  the  easterly  p.irU 

of  the  county  of  York      .        .        .372 
COUNTY  REGISTER.    {See  Registers  of 

Deeds.) 
COUNTY  TREASURER. 

to  take  bond  of  clerks  of  court  and  registers  of 

probate 618 

COURTS.     {See  Inferior  Court,  Probate  Court, 
Records,    Sessions  of  the    Peace, 
Superior  Court.) 
act  for  more  safe  keeping  of  records  .        .        .    618 
COVENANT,  ACTION  OF.  {See  Actions.) 
CREDITORS.    {See  Actions,  Debtors.) 
CRIER  OF   COURTS.     {See  Fees.) 
CRIMINALS. 

escaping  from  one  colony  to  another,  how  ap- 
prehended   1024 

CROWN        POINT,        EXPEDITION 
AGAINST.      {See   Appropria- 
tions, Sertice.) 
provision  for  raisin;;  money  for  ....    160 
CULLERS  OF  STAVES,  &c.    {See  Clap- 
boards-) 
CUMBERLAND  COUNTY.     {See  Votes 
AND  Orders,/)^.  1132, 1138;  Votes 
AND  Orders  of  the  Council,  p. 
1149.) 

erected  and  established 373 

selectmen  in,  to  prepare  jury  lists       ...    424 


1162 


Index. 


D. 


DAMAGES. 

for  taking  land  for  streets  in  Boston,  bow  as- 
sessed         378, 687 

DAMAKISCOVE  ISLAND.    {See  Barpa- 

well.) 
DANVERS. 

district  of,  erected  into  a  township     ...       5 

act  disallowed 93 

DARTMOUTH.    (See  RBSOLVBS.p.  1119.) 

act  relating  to  oysters  in 743 

said  act  renewed 991 

act  enabling  proprietors  to  raise  money  and  levy 
taxes,  and  to  sue  and  defend  in  cer> 

tain  cases 984 

DEATHS.     {See  Fees.) 

DEBT,  ACTION  OF.    {See  Actions.) 

DEBTORS.     {See  Bankruptcy,  Service.) 

act  for  the  ease  of  prisoners  for  debt,  renewed,    617 
absent  or  absconding,  goods  of,  how  to  be 

attached 163 

insolvent,  act  for  securing  the  effects  of,  for 

the  benefit  of  creditors     .        .       .    777 

additional  act .    803 

acts  repealed  .......    883 

DEBTS.     {See  Appropriations.) 
DECLARATION.    {See  Oath.) 

in  pleading,  in  action  against  absconding  debtor, 

how  filed 168 

DEEDS.     {See  Fees.) 

on  vellum  not  properly  stamped,  to  be  valid     .      86 
DEER.     {See  Moose,  Nennemesset  Island,  Tar- 
paulin-Cove Island.) 
act  for  preservation  and  increase  of    .        .       .    683 

time  limited  for  killing 683 

deer-reeves  to  be  chosen  in  each  town       .        .    683 
by  general  sessions  for  new  plantations      .    684 
act  for  preservation  of,  in  Dukes  County  .        .    832 
act  of  10  William  III.  repealed    ....    683 
DEERFIELD.      {See     Conway,     Shelbume; 
Votes  and  Orders,  p.  1142.) 
north-westerly  part  incorporated  Into  a 

district  by  the  name  of  Shelbume,  1013 
westerly  part  incorporated  into  a  district  by 

the  name  of  Conway         .        .        .    955 
both  said  districts  to  join  with  Deerfield  in 

choice  of  representatives         .    955, 1013 
DEPUTY   SHERIFF.    {See  Sheriff.) 
DESCENT.    {See  Estates  of  Persons  Deceased.) 
DESERTION.     {See  Service.) 
DETINUE,  ACTION  OF.  {See  Actions.) 
DEVISE.    {See  Partition.) 
DEVISEE. 

contribution  by  and  in  favor  of  .       .       .       .    221 
DISORDERLY  PERSONS. 

acts  relating  to,  renewed      ....     766,  920 
DISTRACTED  PERSONS. 

act  for  relief  of,  renewed     ....      78,  617 
DISTRESS. 

forfeiture  levied  by,  in  case  of  refusal  to  quarter 

troops 48 

penalties  levied  by        •       •       •       .       .    170, 179 


DISTRIBUTION.    {See  Estates  of  Deceased 

Persons.) 
DISTRICTS. 

act  for  better  regulating   .      .      .      .468 

to  be  considered  as  towns  to  all  intents  and 
purposes  except  sending  a  repre- 
sentative to  General  Court      .       .    463 
may  join  in  providing  ferry .       .       •       •       .    285 
districts  established : 

Amherst  ........    173 

Cape  Elisabeth       ......    838 

Conway   ........    953 

Egremont 286 

Harpswell       .......46 

Huhbardston 953 

Lenox 905 

Mashpee 640 

Monson    ........    334 

Natick 526 

New  Marlborough  ......    263 

Northborough 839 

Oakham 571 

Paxton     . 735 

Fepperellborongh 572 

Princetown      .......    266 

Shelbume 1013 

South  Brimfield 601 

Stoughtonham 808 

Ware 486 

Wellfleet 664 

Westminster 263 

Woolwich 267 

DIVISION  OF  ESTATES.    {See  Estates 

of  Deceased  Persons.) 
DOCK  SQUARE.  {See  Boston.) 
DOESKIN  HILL. 

act  relating  to  certain  lands 172 

DOGS.     {See  Hunting.) 

act  to  prevent  mischief  by  unruly  dogs,  re- 
newed          371 

in  island  of  Nantucket,  act  renewed    .        .    529,  974 
DORCHESTER.    {See  Castle  William.) 

militia  of,  to  be  enlisted  for  service  at  Castle 

William,  act  renewed       .       .        .    370 
DORCHESTER-CANADA. 

plantation  of,  incorporated  into  a  town  by  the 

name  of  Ashburnham       .       .       .    739 
DO"WER. 

in  lands  of  intestate,  lying  in  common  and  un- 
divided, how  set  off  .        .        .        .    406 
DRAINS    AND    COMMON  SEW^ERS. 

{See  Sewers.) 
DRAWBACK,     {See  Impost.) 
DUKES    COUNTY.      {See   Inferior    Court, 
Sessions    of  the  Peace,  Superior 
Court.) 
act  for  preservation  of  deer  in     ...        .    832 
DUTIES.      {See   Excise,    Impost,   Lighthouse, 
Tonnage.) 


Index. 


1163 


E, 


EASTERN  -  HARBOR     MEADOWS. 

{See  Truro.) 
EASTHAM. 

act  to  prevent  damage  by  cattle,  &c.,  to  beach 

at  Billingsgate  Bay,  renewed  .     68, 529, 

974 

eald  act  amended 642 

act  to  prevent  damage  by  cattle,  &c.,  to  Nosset 

beach  and  meadow,  renewed   .    530,  974 
north  district  in.  Incorporated  into  a  dis- 
trict by  the  name  of  Wellfleet         .    664 
to  join  with  Eastham  in  choice  of  represent- 
atives   665 

EDUCATION. 

of  children  apprenticed,  enforced  .    179 
EGREMONT.    {See  Votes  and  Obdees,  p. 
1131.) 
district  of,  inoorporated        .....    286 
to  join  with  Sheffield  in  choice  of  repre- 
sentatives   286 

exempted  from  payment  of  certain  taxes    .    286 
EMBARGO.    ((See  Votes  and  Oeders  op  thb 
Council,  pp.  1146, 1147, 1148.) 

laid  on  all  vessels 70 

forfeitures,  how  disposed  of        ....      71 
governor  may  extend  or  take  oflf         ...      71 
ESCAPE. 

of  bankrupt,  by  jailer,  penalty    ....      32 
ESSEX  COUNTY.     (.See  Inferior  Court,  Ses- 
sions of  the  Peace,  Superior  Court.) 
ESTATES  DEVISED.     (See Devisee,  Excise, 

Partition.) 
ESTATES  OF  PERSONS  DECEASED. 
(See  Resolves,  p.  1119;  Votes 

AND  OeDEES  of  the  HoUSB  OF 

Repeesentatives,  p.  1152.) 

real  estate,  liable  to  be  taken  on  execution,  how,    221 

in  common  and  undivided  with  estate  of 

other  person,  how  divided        .        .    400 
Intestate,  act  relating  to  settlement  of,  re- 
newed          617 

Of  soldiers,  widows  of  certain  non-commis- 
sioned officers  and  soldiers  to  re- 
ceive their  wages  without  adminis- 
tration         197 

EXCISE.     (See  Treasurer  i-U^soi^TES,  pp.  1119, 

1120,  1122;  Votes  and   Oedees, 

1127,    1128,    1131,    1135,  1138,  1140, 

1141.) 

On  aU  wines,  rum,  and  other  spirits  distilled, 

and  on  limes,  lemons  and  oranges,  55,  74, 
201,  219,  305,  493,  753,  840 
on  such  limes,  lemons  and  oranges  only  as 
are  used  in  making  punch,  or  for 

sale 219 

To  be  paid  by  retailers,  taverners,  inn-hold- 
ers and  common  victuallers,  56,  202,  306, 
494,  754,  841 
allowance  for  leakage,     56,  202,  306,  494,  754,  842 
On  all  liquors  imported  or  manufactured,  207, 311, 

499,  758,  846 
Accounts. 

to  be  rendered  by  taverners,  retailers,  &c.,   55, 

201,  493,  753,  841 

forfeiture  for  neglect    .       .       203,  306,  495 


EXCISE— Continued. 

by  persons  having  permits  from  impost  offi- 
cer or  collector,  63,  208,  312,  501,  759,  847 
by  persons  not  having  permits,  purchasing 

for  exportation,  64,  209,  313,  501,  760,  847 
by  persons  importing  liquors  for  private 

consumption,      64,  210,  314,  502,  761,  848 
proceedings  when  party  is  suspected  of  giv- 
ing false  account       .        65,  210,  314,  503 
Bonds. 

of  collector  .  .  61,  70,  206,  310,  498,  758,  845 
of  persons  applying  for  permit,   64,  210,  313,  502, 

760,  848 
of  persons  importing  liquors,  66, 212, 316, 504,  762, 

849 
of  retailers,  taverners,  &c.,   56,  202,  306,  495,  754, 

842 
Collectors. 

appointed  by  general  court  .  60,  205,  309,  498 
already  chosen,  to  continue  to  act,  757,  763,  845 
fees,       60,  61,  66,  206,  212,  310,  316,  498,  504,  758, 

761,  845,  849 
penalty  for  offending  against  act,  61,  206, 310,  499, 

758,  845 

to  account  for  liquors  disposed  of  by  them,      75, 

213,  317,  505,  762,  850 

to  appoint  deputies .        60,  206,  309,  498,  757,  844 

to  attend  at  convenient  places  to  receive  and 

settle  accounts  ....  757,  844 
to  give  certificate  to  exporter,  64,  210,  313,  502 
to  give  two  receipts  for  sums  received,      60,  206, 

310,  498,  758,  845 
to  give  two  receipts  to  persons  having  permit,  75 
to  grant  permit .  .  66,212,315,504,761,849 
to  keep  an  office  in  each  seaport  town,      66,  212, 

316,  504,  761,  849 
to  receive  accounts  on  oath,  56,  202,  306,  494,  754, 

841 

to  search  for  concealed  liquors,     62,  208,  311,  500 

Evidence  of  illegal  sales,    58,  59, 205,  308,  496, 

497,  706,  843 
Fines,  how  recovered      .    59,  205,  309,  497,  757,  844 
how  disposed  of  .        .    67,  213,  317,  505,  763,  850 
Licenses. 

how  granted  by  justices  out  of  court  .  .  642 
forfeiture  for  selling  without  license,  57,  203,  307, 

495,  755,  842 
persons  not  renewing,  to  account  for  duties,    74, 
213,  316,  505,  762,  850 
not  to  be  renewed,  if  former  excise  is  not 

paid 755,  842 

Masters  of  vessels  giving  certificate  falsely, 

how  punished  .  209,  313,  502,  761,  848 
Moneys  arising  from  act,  how  disposed  of  .  703 
Oath. 

of  collector  .  .  .59,  200,  310,  498,  757,  845 
of  person  suspected  of  giving  false  account,    65, 

211,  315,  503 
of  retailer,  taverner,  &c.,      £6,  202,  219,  305,  494, 

754,  841 

Permit,  form  of       .        .    66,  212,  315,  504,  761,  849 

to  be  given  by  impost  officer  in  certain  cases,  207, 

311,  500,  759,  846 
persons  not  renewing,  to  account  for  duties,    75, 

213,  316,  505,  762,  850 


1164 


Index, 


T1:KC1S'E~  Continued. 
Beceipts. 

penalty  for  not  lodging  them  with  clerk  of 

sesBioDS 75 

Hecognizances. 

by  retailers,  taverners,  &c.,  to  keep  and 

render  accounts         ....    755 
■when  put  in  suit,  may  be  chancered,  as  other 

bonds 755,842 

Sale. 

by  importer,  ■without  permit,  forbidden,   61,  207, 
311,  499,  759,  846 
lending  or  delivering  liquors  on  agreement. 

Sec,  to  be  deemed  sale,    58,  203,  307,  496 
persons  not  licensed  supplying  those  em- 
ployed by  them  in  the  fiahery,  &c., 
to  be  deemed  sellers,  58,  204,  307,  496, 
755,843 
■whaling  and  cod  fishing  vessels  allo-wed  to 
carry  twenty  gallons  of  liquor  free 

of  excise 756,  843 

to  Indians,  negroes,  &c.,  forbidden,   59,  204,  308, 

496 
to  other  tavemer,  &c.,  not  liable  to  excise,       61, 
207,  499,  758,  846 
On  tea,  coffee  and  china-^wrare. 

for  the  purpose  of  providing  and  maintain- 
ing t'wo  armed  ships  to  guard  the 
coast,  act  renewed    ....    643 

further  regulations 767 

York  County,  special  regulation  for  1762     .    639 


EXECUTIONS.    (See  Inferior  Courts  of  Com- 
mon Pleas,  and  Superior  Court  of 
Judicature.) 
form  of,  against  delinquents  assessed  by  land- 
bank  commissioners ....    191 
may  he  levied  on  real  estate  of  testators  and 

intestates 221 

ne^w,  after  discharge  on  poor  debtor's  oath, 

provisions  concerning  .       .    277,  278,  603 
persons  taking  out,  to  take  oath  concerning  for- 
eign bills  of  credit    .        .     514,  923,  924 
■when  such  oath  excused        ....    220 
service  of,  act  for  better  regulating    .        .       .    643 
service  of,  doubtful  on  accovmt  of  change  of 

time  of  courts,  rendered  valid  .  752 
special  regulations  in  Berkshire  County  .  .  908 
alias  execution  to  issue  against  soldier  or  sailor 

dismissed  from  service,  ■when       283,  458 
may  be  taken  out  against  estate,  only,  of  Quaker 
discharged  from  imprisonment  for 
not  attending  musters       ...      49 
EXECUTORS   AND  ADMINISTRAT- 
OBS.     (See  Estates  of  Persons 
Deceased,  Probate  Court.) 
executions  on  judgments  against,  ho'w  levied    .    221 

said  act  renewed 681 

neglecting  or  unseasonably  delaying  to  raise 
money  for  debts,  deemed  guilty  of 

waste 221 

EXTORTION.    (See  Fees.) 
EXTRADITION. 

of  criminals,  from  one  colony  to  another  .       .  1023 


F. 


PAIR. 

at  Hardwicke,  established    .....    577 
FALLTOWN.    (/See  Votes  and  Ordbbs,  p. 
1133.) 
plantation  of,  erected  into  a  town  by  the  name 

of  Bernardston        ....      530 
FALMOUTH  [MAINE].     (See  Resolves, 
p.  1122;  Votes  and  Orders,  p. 
1133.) 
courts  to  sit  at,  for  Cumberland  County     .        .    373 
second  parish  of,  erected  in  a  district  by  the 

name  of  Cape  Elisabeth   .        .        .    838 
FALMOUTH  [MASS.]. 

hunting  deer  in,  regulations  concerning     .       .    814 
FANEUIL  HALL. 

act  for  lottery  to  repair 425 

further  acts 537, 813 

FEES. 

act  for  continuing  former  act  establishing  .        .    213 
acts  for  establishing  and  regulating    .        .     291,  743 

act  renewed 1022 

Attorney 747 

Captain  of  Castle  'William       .       .    297,  749 
Clerk. 

of  superior  court 293,  745 

of  inferior  courts 294,  746 

of  general  sessions         ....     295,  747 

Coroners 292, 744 

County  Register 297,  750 

Courts  of  General  Sessions     .       .    294,  747 

Crier 297, 749 

Gaoler 297,  750 

Governor 295,  748 


'F'E'ES— Continued. 

Grand  jurors 297,  750 

Judge  and  register  of  Probate  .  292,  744 
Justices. 

of  superior  court 293,  745 

of  inferior  courts 294,  746 

of  the  peace 291,  744 

Messenger  of  the  house  of  repre- 
sentatives    ....    297, 750 

Petit  jurors 297,  750 

Secretary 295,  748 

Sheriff  or  constable  •  .  295,  296,  748,  749 
Witnesses,  and  parties  recovering  costs  .  747 
for    marriages,    and     recording     births     and 

deaths 297, 750 

for  certificates  of  birth  and  death,  and  search 

of  record 297,  750 

for  administering  oath  concerning  foreign  bills 

of  credit 515,  923 

for  registers  of  vessels 295,  748 

account  of  fees  in  probate  court  to  be  given 

to  persons  paying     .        .        .     293,  745 
none   allowed    for  granting   warrant   for   de- 
serters          158 

penalty  for  taking  other  fees        .        .        .     297,  750 
FELONY. 

persons  convicted  of  highway  robbery  to  be 

guilty  of 489 

FENCES. 

act  in  addition  to  act  for  regulating     .        .       .    218 

said  act  renewed 530,  074 

act  in  further  addition  to  act  for  regulating,  re- 
newed       .       .       .       .       .       .    419 


Index. 


1165 


PEOPPEES. 

of  Ipswich  grammar-school         •       «       .       .  807 
PEBBIES. 

act  relating  to         .......  285 

ferryman  to  be  licensed         ....  285 

fine  for  neglect 285 

fine  for  want  of  a  good  boat  .       .       .  285 

said  act  renewed 766 

PIRE.    (See  Bonfires,  Buildings,  Marblehead, 
Salem;   Votes  and  Obders,  p. 
1138.) 
in  Boston,  acts  relating  to   .        .      321,  599,  661,  686 
fire-wards  to  be  elected  in  Boston        .       .  661 
rebuilding  after,  regulations  ....  321 
in  Boston  and  Charlestown,  act  renewed  .        .  419 
in  Salem,  Marblehead  and  maritime  towns       .  613 
in  woods,  act  to  prevent,  renewed      .       .       .  617 
PIRE-WABDS.    {See  Fire.) 
PISH.    {See  Alewives,  Casks,  Hingham,  Middle- 
borough,  Weymouth;  Votes  and 
Orders,  p.  1140.) 
act  to  prevent  unnecessary  destruction  of  ale- 
wives  and  other  fish,  renewed        .  78 
act  In  addition  to  said  act      ....  91 

both  said  acts  renewed 682 

new  act  for  the  same 774 

said  act  renewed 859 

in  Merrimac  and  other  rivers,  act  relating  to    .  741 

said  act  amended    .       ."      .       .       .       .  857 

additional  act  ...••.«  907 

said  acts  renewed  ..•••.  891 


PITCHBURG.  {See  Votes  and  Orders  op 
THE  House  of  Representatives, 
p.  1152.) 

Bet  off  from  Lunenburg 685 

to  join  with  Lunenburg  in  choice  of  repre- 
sentatives   686 

part  of,  with  parts  of  other  towns,  erected  into 

a  town  by  the  name  of  Ashby        .    908 
PLOUR. 

bounty  on  flour  manufactured  in  the  province  .    528 

act  limited 858 

PORGERY.      {See     Lotteries;    Votes     and 

Orders,  pp.  1135, 1136.) 
PRAMINGHAM. 

act  relating  to  lands  in "  •    170 

PRANKPORT. 

plantation  of,  erected  into  a  town  by  the  name 

of  Pownalborough    ....    287 
PRATJDS.     {See  Bankruptcy.) 

by  bankrupt .33 

PREETOWN.  {See  Resolves,  pp.  1120, 
1122.) 

act  relating  to  oysters  in 743 

said  act  renewed 991 

PUGITIVE    CRIMINALS.     {See  CHmi- 

nals.) 
FUNERALS. 

act  to  retrench  extraordinary  expense  at,  con- 
tinued          324 

on  Lord's  day,  regulated      .       .       •       .       .    416 
PURS. 

prices  of,  regulated      ....     405,  688,  764 


G. 


GAMING. 

act  to  prevent,  renewed       ..... 

by  bankrupt    ....... 

GAOL-DELIVERY,        GENERAL, 
COURT    OP.      {See   Superior 
Court.) 
GAOLER.    {See  Fees.) 

refusing  to  discharge  prisoner  who  has  taken 
poor  debtor's  oath       .       .       .  277, 
GAUGERS.    {See  Casks,  Impost.) 
GENERAL   ASSEMBLY.     {See    General 

Court.) 
GENERAL  COURT.    {See  Appropriations, 
Fees,  Petitions.) 
act  to  prevent  disturbance  of  by  coaches,  &c., 

renewed     

act  to  prevent  unnecessary  journeying  of  mem- 
bers, renewed 

to  allow  accounts  of  guardians  of  Indians  . 
GENERAL  PIELDS. 

additional  act  for  regulating,  renewed 
GENERAL  SESSIONS.    {See  Sessions.) 
GEORGETOWN    [MAINE]. 

district  of  Neguasset  joined  with,  in  choice  of 

representatives 

GOATS. 

acts  to  encourage  the  increase  of,  renewed,     78, 
GOLD  COIN. 

acts  ascertaining  rates  of  legal  tender        .       . 
GOOSE  ISLANDS.    (See  ITarpswell.) 


824 
39 


370 

324 
164 

617 

267 
617 
615 


GORHAM.  {See  Votes  and  Orders, pp.  1139, 
1140, 1142;  Votes  and  Orders  op 
the  House  op  Representatives, 
p.  1152.) 

town  of,  erected 730 

GORHAMTOWN. 

plantation,  erected  into  a  town  by  the  name  of 

Gorham      .        i        ....    730 
GOSPEL.     {See  Society  for  Propagating,  <£c.) 
GOVERNOR.    {See  Appropriation,  Embargo, 
Fees,  Lieutenant-Governor  ;  Votes 
AND  Orders,  pp.  1126, 1129, 1133.) 
allowance  to,  granted,  26, 163,  247,  401,  457,  571,  639, 
705,  803,  879,  953,  1011 
may  discharge  person  impressed         .        .        .    193 
may  grant  licenses  for  trading  with  Indians,  690,  766 
to  appoint  register  of  deeds  in  Lincoln  County  .    374 
GOVERNOR  AND  COUNCIL. 

to  authorize  persons  to  provide  quarters  for 

regular  forces    ...       72, 166,  276 
GRAIN.    {See  Casks,  Wheat.) 

measure  of,  act  relating  to,  renewed  .        .        .    529 

act  regulating  measure  of 606 

measurers  to  be  appointed    ....    607 

pay 607 

penalty  for  defrauding    ....    607 
act  in  addition  to  act  for  preventing  fraud  in 

measuring,  renewed         .       .        .    974 
GRAMMAR  SCHOOL  IN   IPSWICH, 
act  regulating  and  incorporating ....    806 


1166 


Index. 


GBANBY.    (<See Resolves, p.  1123;  VoTBS AND 
Obdebs,  p.  1143.) 

town  of,  Incorporated 1011 

to  join  with  Hadley  in  choice  of  representa- 
tives     1012 

GRAND  JUROKS.    (.See  Jurtyrs.) 

to  make  inquiry  and  prosecute  breaches  of  act 

concerning  deer         ....    684 
excused   from   attending   court   in  February, 

1764,  on  account  of  small-pox  .        .    685 
GREAT  BARRINGTOMT.    (-See  Resolves, 
p.  1123;  Votes  and  Obdebs  of 
THE  House  of  Repbbsentatives, 
p.  1152.) 


GREAT  HARRINGTON— Cbnttnwed. 

erected  into  a  town 465 

tojoin  with  Sheffield  in  choice  of  representa- 
tive       465 

to  be  shire  town  of  Berkshire  County .        .    466 
GRIFFITH'S  ISLAND.    (See  Welljleet.) 
GUARDIANS.    (-See  Probate  Court.) 

of  minors  or  persons  non  compos,  to  be  ap- 
pointed before  partition  of  lands  in 

certain  cases 400 

of  Indians,  regulations 163,164 

GUNS,  CANNONS,  &c. 

act  relating  to  fixing  of,  in  Boston,  renewed      .    324 
GU RNE T .    (.See  Lighthouse.) 


H. 


HABEAS   CORPUS. 

to  discharge  bankrupt  ...•••      32 
HADLEY.    (.See  South  Hadley.) 

act  erecting  second  precinct  into  a  district  by 

the  name  of  Amherst       .       .       .    173 
HALESTOWN.     {See  Townships.) 
HAMPSHIRE  COUNTY. 

act  for  dividing      .......    432 

additional  act  relating  to  partition  of  common 

fields  in 524 

act  in  further  addition  to  the  same       .       .    679 

last  act  renewed 859 

assessors  of  certain  new  plantations  in,  author- 
ized to  levy  on  and  sell  delinquent 
proprietors'  lands      ....    533 
HARDWICKE.    {See  Votes  and  Obdebs,  p. 
1133.) 
fair  to  be  kept  at,  in  May  and  October       .       .    577 
HARPS  WELL.     {See  Votes  and  Obdebs, 
pp.  1126, 1133.) 
incorporated  from  Merriconeag  Neck  and  cer- 
tain islands         .....      46 
HARVARD  COLLEGE. 

lottery  for  rebuilding  hall  for      ....    834 
HARMTICH. 

act  to  prevent  damage  by  cattle,  &c.,  on  beaches 

and  meadows  adjoining    .       .       .    414 
act  in  addition  to  said  act       ....    427 

latter  act  renewed 681 

HEIR. 

contribution  by,  in  favor  of  legatee  or  devisee .    221 


HIGHWAYS.    (-See  Ways.) 
HINGHAM.    (-See  Votes  and   Obdebs,  p. 
1135.) 
act  for  regulating  proprietors  of  Little  Harbor  ,      70 
act  to  prevent  unnecessary  destruction  of  ale- 
wives  in 467 

HOOPS.    {See  Clapboards.) 
HORSES. 

act  for  preventing  damage  by  horses  going  at 

large,  renewed  ....      78,  617 
HOSPITAL, 

on  Rainsford's  Island,  act  for  regulating,  re- 
newed   78, 617 

HOUND.    {See  Hunting.) 

HOUSE     OF      REPRESENTATIVES. 

{See  General  Court.) 
HUBBARDSTON.      {See   Votes   and  Ob- 
debs,/). 1142.) 

district  of,  incorporated 953 

to  join  with  Rutland  in  choice  of  representa- 
tives     933 

HUNTING. 

in  certain  towns  with  dogs  or  hounds  prohibited 

between  May  10  and  Dec.  5     .        .    814 

said  act  renewed 1022 

of  beaver,  sables,  &c.,  prohibited        .       .    690,765 
HUNTSTOWN. 

plantation  erected  into  a  town  by  the  name  of 

Ashfield 815 

additional  act 1015 


IDIOTS. 

act  for  relief  of,  renewed      .       .       .       .78,  617 
IDLE  AND  DISORDERLY  PERSONS. 

{See  Votes  and  Obdebs,  p.  1140.) 
acts  relating  to,  renewed       ....    766,  920 
IMMIGRANTS.    (-See  Impost.) 
IMPARLANCE. 

granted  in  actions  against  absent  debtor    .       .    169 
IMPOST.     {See  Treasurer;  Votes  and  Ob- 
debs, pp.  1135,  1138, 1139, 1141, 1142.) 
Acts  for  granting  impost  and  tonnage  of 

shipping,    79, 182,  298,  407,  506,  608,  669, 

767,  850,  913,  977 

"      Allowance  for  leakage  of  wines,    81,184,300,409, 

508,  611,  672,  769,  852,  915,  979 


JM.'POQ'S— Continued. 

Bills  of  store  for  private  adventares,  82, 186, 
411,  509,  612,  673,  771,  854,  916, 
CaskSi  how  and  by  whom  gauged,  81, 184,  300, 
507,  610,  671,  769,  852,  914, 
Clearance,  naval  officer  not  to  give,  until  pay- 
ment of  impost  or  tonnage,   82,  186, 
410,  509,  612,  673,  771,  854,  916, 
Commissioners  and  receivers  of,  how 
appointed,  pay,  &c.,    85,  188,  304, 
512,  614,  675,  676,  773,  856,  918, 
to  receive  lighthouse  duties  .... 
Credit  to  be  given  to  importer,    81, 184, 
409,  507,  610,  671,  769,  852,  914, 


302, 
,981 
409, 


302, 
,980 

413, 
,982 
993 
300, 


Index. 


1167 


IM.FOST— Continued. 

Double  duties  in  certain  cases,     79, 182,  298,  407, 

506,  609,  670,  767,  851 

Drawback,    79,  84, 183,  187,  299,  303,  408,  412,  506, 

511,  609,  614,  671,  675,  767,  772,  855,  917, 

982 

Dutiable  articles  and  rates  of  impost,  79, 182, 298, 

407,  506,  609,  670,  767,  851,  913,  977,  978 

Entry,  by  importer,  &c.,  how  made,  oath,  80, 183, 

299,  408,  507,  610,  671,  768,  769,  851,  852, 

914,  978 
Goods  to  be  landed  in  the  daytime  only,  80, 184, 
299,  408,  507,  610,  671,  769,  852,  914,  978 
Imports  by  land,  report  of,  to  be  made,  and 

duties  paid,  81, 184, 300, 409,  508, 611, 671, 

769,  852,  915,  979 

In  what  manner  and  by  whom  to  be  paid,  81, 184, 

300,  409,  508,  611,  671,  769,  852,  915,  979 
Manifest  or  report,  how  and  to  whom  made 

by  master  of  vessel,  80, 183,  299,  408,  507, 

609,  670,  768,  851,  914,  978 

Master  of  vessel,  his  liability  and  security,     80, 

81,  183,  185,  299,  301,  408,  409,  410,  507, 

508,  509,  609,  611,  670,  672,  768,  770,  851, 

853,  914,  915,  978,  979,  980 

Officers,  appointment,  right  of  search,  83, 186,  302, 

411,  510,  612,  613,  673,  674,  771,  772,  854, 

917,  981 

to  grant  permits  to  liquor  dealer,      207,  311,  500, 

759,  846 

Penalties  and  disposition,  85, 188,  304, 413,  512,  615, 

676,  774,  857,  938,  981 

Relanding,  forfeiture  for,  84, 188, 304, 413, 511, 614, 

675,  773,  855,  918,  982 

Repayment,  for  decayed  wines,    81, 184,  300,  409, 

508,  611,  672,  770,  853,  915,  979 
Ship  or  vessel,  when  liable  for,   82,  185,  301,  410, 

509,  612,  672,  770,  854,  916,  980 
Tonnage  duty,  84,  187,  303,  412,  511,  613,  674,  772, 

855,  917,  981 
measurers  of  vessels  for,  appointment  and 

pay,     84, 187,  303,  412,  511,  614,  674,  772, 
855,  917,  981 
granted  for  maintaining  two  armed  vessels, 

act  renewed 643 

Wines  not  to  be  filled  up  on  board  with- 

out  certificate,  81, 184,  300,  409,  508,  611, 

672,  770,  853,  915,  979 

Charges  of  prosecution,  how  borne,     85, 188, 

304,  413,  512,  615,  676,  774,  856,  919,  983 

IMPRESSING  OF  SOLDIERS. 

for  expedition  against  Canada     ....    192 

of  strollers,  &c 193 

by  colonel 194 

of  men  for  an  intended  expedition      ...      86 

of  residents  of  other  towns,  &c.  ...      87 

deficiencies  in  companies,  completed  by    .       .    159 

by  sherifi*,  in  Nantucket 196 

INDIAN  ISLAND. 

act  establishing  toll  on  bridge  at .  .  .  .  1019 
INDIANS.  (See  Excise,  Guardians,  Mashpee, 
Stockbridge  Indians ;  Resolves, 
pp.  1120, 1121 ;  Votes  and  Orders, 
pp.  1128,  1134,  1136,  1138,  1139, 
1149.) 
act  in  addition  to  acts  for  regulating  .       .       .    163 

said  act  renewed 530,  974 

prohibited  from  leasing  or  selling  lands  with- 

out  consent        .....    164 
not  liable  to  action  for  debts,  unless  ...    164 


INBIANS-Continued. 

act  to  incorporate  a  society  by  the  name  of  The 
Society  for  propagating  Christian 
Knowledge  among  the  Indians       •    520 
act  relating  to  the  settlement  of  claims  of  Indians 

to  unappropriated  lands  .        .       .    369 
Eastern, 

actallowing  supplies  to  and  regulating  trade 

with 404 

act  continuing  and  amending  the  same        .    688 

said  acts  renewed     .        .    763,  899,  976,  1032 

truck-master  for,  appointment,  duties,  oath,  405, 

406,  688,  689,  764 

no  other  person  to  trade  with,     405,  688,  764 

method  of  conviction  of  persons  selling  to, 

contrary  to  the  act    .        .     406,  689,  765 
accusation  against  any  person  for  selling 

hquor  to,  how  made  .      406,  689,  765 

deeds  to  lands  in  Christlantown,  Martha's 

Vineyard,  confirmed        .        .        .    619 
certain  Mashpee  Indians  there  incorporated, 

with  mulattoes,  into  a  district         .    639 
actions  not  to  be  brought  against,  for  con- 
tract or  debt,  unless  ....    640 
not  to  bind  out  children,  unless    .        .        .    641 
may  take  poor  debtor's  oath  ....    641 
INFANTS.     (See  Minors.) 
INFECTIOUS  DISEASES.     (See  Conta- 

gious  Diseases.) 
INFERIOR  COURTS  OF  COMMON 
PLEAS.  (See  Fees,  Framing- 
ham,  Jurors,  Sessions  ;  Resolves, 
p.  1120;  Votes  and  Orders, pp. 
1136,  1140.) 
Times  and  places  for  holding : 

In  the  various  counties 737 

In  the  county  of,  — 

Barnstable 526 

Berkshire 432,  907 

Cumberland 373, 540 

Dukes    County       (See    Votes    and 

Orders,  p.  1136)       .       .        .        .523 

Essex 677 

Hampshire    (See  Votes  and  Orders, 

p.  1136) 524 

Lincoln 374, 540 

Middlesex 840 

Plymouth 165 

York  (See  Votes  and  Orders,  p.ll36),  525 
how  constituted  in  the  county  of  York       .    526 
writs,  executions  and  service  thereof  ren- 
dered valid 752 

INNHOLDERS.    (See  Excise.) 

refusing  to  quarter  troops,  penalty    .       .     176,  276 
licenses  granted  by  general  sessions  .       .       .    469 

said  act  renewed 859 

in  Barnstable  County 641 

INSANE  PERSONS.  ( See DistractedPer sons.) 
INSOLVENCY.     (See  Bankruptcy,  Debtors.) 
INSPECTOR  OF  SHEEP, 

in  Martha's  Vineyard,  regulations      .        .       .    435 
INTESTATES.    (See  Estates  of  Persons  De- 
ceased.) 
IPSWICH. 

act  to  preserve  timber  in,  continued  .       .    731,  974 
grammar-school  feoflees  incorporated  with  fur- 
ther powers 806 

IPSWICH-CANADA. 

plantation  of,  erected  into  a  town  by  the  name 

of  Wincbendon .       ....    721 


1168 


Index. 


JAUi.    (See  Gaoler,  Gaol  Delivery.) 

act  for  removal  of  prisoners  from  Barnstable 

to  Plymouth 1018 

JOINT  TENANTS. 

act  to  prevent  waste  by,  renewed        .        .      78,  617 
JUDGE  OP  PROBATE.    (See  Probate.) 
JUDICIAL  PROCEEDINGS. 

act  for  the  better  regulation  of  the  course  of, 

renewed 370 

act  for  the  further  regulation  of  the  course  of, 

renewed 530,974 

JURISDICTION. 

line  of,  between  Massachnsetts  and  Nevr  York, 

commissaries  to  settle       .       .        .    993 
JURORS.    (See  Fees,  Grand  Jurors,  Oath.) 

Petit,  act  for  regulating  choice  of  .  .  .  318 
said  act  renewed  in  part  ....  920 
act  in  addition  to  said  act  ....  367 
choice  and  return  of,  by  certain  towns,  to  be 

valid,  though  previous  act  expired,    320 


JTJ'ROB.S— Continued. 

method  for  preventing  partial  jurors    .        . 
not  to  be  held  to  attend  courts  in  February, 

1764,  on  account  of  small-pox  . 
penalty  for  persons  not  attending 
required  to  serve  but  once  in  three  years    . 
Quakers,  how  permitted  to  serve  as 
in  Cumberland  and  Lincoln  Counties,  how 

summoned 

in  Hampshire  and  Berkshire  Counties,  how 

summoned         ....     433, 434 
JURIES, 

act  relating  to  views  by,  in  civil  cases,  renewed 

to  appraise  land  taken  off  or  added  in  Boston, 

on  account  of  change  of  streets 

JUSTICES  OP  THE  PEACE.    (See  Com- 

mon    Lands,   Excise,   Fees,    Poor 

Debtor,  Service.) 


319 

685 
319 
318 
180 

424 


278 


6S7 


K. 


KING   GEORGE,   PROVINCE  SHIP.    (See  Prisoner!  of  War.) 


LAMPS. 

act  to  prevent  breaking  of,  in  streets,  renewed,      73 
LANCASTER.    (See  Votes  and  Orders,  p. 
1142 ;  Votes  akd  Orders  op  the 
House  or  Representatives,  p. 
1153.) 

part  of  Shrewsbury  annexed  to  .        .        .       .    991 

certain  farms  near,  joined  with  the  district  of 

Princetown 266 

LAND-BANK  OR  MANUPACTORY 
SCHEME.  (See  Votes  and 
Orders,  pp.  1127,  1128, 1131,  1137, 
1142;  Votes  and  Orders  op  the 
Council,;?.  1149.) 

act  for  ascertaining  the  quantity  of  the  manu- 
factory bills  outstanding  ...      74 

act  in  further  addition  to  acts  for  more  speedy 

finishing  of 189 

act  authorizing  lottery,  renewed        .       .       .    682 

act  in  further  addition  to  acts  for  speedy  finish- 
ing       919 

possessors  of  bills  of,  to  send  them  to  the 
commissioners  to  be  marked  and 
returned 74 

commissioners,  appointment       .       .     189, 919 
powers  and  duties  ....      190, 191,  919 

estates  of  directors  and  partners,  how 

levied  on  for  assessment  .       .     189, 190 
how  sold,  rights  of  purchasers     .        ,       .    191 

redemption  of  notes,  by  means  of  a  lot- 
tery      290 

LAND  DAMAGES. 

for  taking  streets  in  Boston,  how  assessed        .    687 


LANDS.     (See  Bankruptcy,  Boston,  Phillips- 
town.) 
acts  for  the  more  easy  partition  of,  renewed     .    617 
unappropriated,  act  relating  to    .        .        .        .    369 
unimproved,    to     be     sold    for    payment   of 

taxes 532 

LANESBOROUGH. 

erected  into  a  town 815 

LAWS.   (See  Votes  and  Orders  op  the  Coun- 
cil, p.  1149.) 
acts  for  reviving  and  continuing,  25,  77, 198,  213,  220, 
278,  279,  324,  370,  398,  419,  529,  582,  617, 
643,  681,  682,  685,  688,  731,  766,  837,  859, 
899,  920,  973,  976,  991,  1022,  1032 
LA^WSUITS. 

act  to  prevent  multiplicity  of       .       .        .        .174 

renewed 629, 974 

act  to  prevent  unnecessary,  renewed  .        .        .    324 
act  to  prevent  unnecessary  expense  in,  renewed,    324 
LEBANON. 

plantation  of,  in  York  County,  erected  into  a 

town  by  the  same  name   .        .        .    954 
LEGATEE. 

contribution  by  and  in  favor  of  .       .        .        .    221 
LEICESTER.      (See  Rutland;   Votes  and 

Orders,  p.  1138.) 
LEMONS.    (See  Excise.) 
LENOX.    (See  Richmont;  Votes  anb  Orders, 
p.  1142.) 

district  of,  incorporated 905 

to  join  with  Richmont  in  choice  of  repre- 
sentatives   905 

inhabitants  of,  to  raise  taxes  for  certain  purposes,  1027 


Index. 


1169 


LEWD  "WOMEN. 

to  be  bound  out  by  selectmen,  &c.     .       .        .    179 
IiICENSES.    {See  Excise.) 

act  for  preventing  petitions  to  general  court  for, 

renewed 278, 766 

to  be  granted  by  the  court  of  general  sessions 

in  certain  cases  .        .     425,  469,  641,  859 
LIEUTENANT-GOVERNOR. 

allowance  to,  granted 367 

LIGHTHOUSE.       {See  Resolves,  p.    1123; 
Votes   and    Orders,  pp.   1142, 
1143.) 
on  the  Gurnet,  in  Plymouth  Harbor,  regula- 
tions    992,993 

ships  not  to  be  cleared  without  certificate  of 

payment  of  light-money  .       .       .    993 
LIMES.    {See  Excise.) 

LIMITATION  OF  ACTIONS.  (5«e  Votes 
AND  Orders  op  the  House  op 
Representatives,  p.  1152.) 

acts  relating  to 26,  280 

renewed 630, 920 

certain  acts  relating  to,  fo  be  read  in  public,  27,  280 
LINCOLN,  COUNTY  OP.  {See  Inferior 
Court,  Sessions  of  the  Peace,  Supe- 
rior Court;  Votes  AND  Orders,  p. 
1132;  Votes  and  Orders  op  the 
Council,  p.  1149.) 

erected  and  established 374 

selectmen  of  towns,  &c.,  in,  to  prepare  jury 

lists 424 

LIQUORS.    {See  Excise,  Impost.) 
LITTLE   HARBOR.    {See  Hingham.) 
LOAN.     {See  Bills  of  Public  Credit,  Treasurer.) 

of  £3,000  to  town  of  Boston,  act  concerning      .    398 
LORD'S  DAY.    {See  Votes  and  Orders,  p. 
1134.) 
former  acts  repealed,  and  new  act       ...    415 
act  in  addition  to  said  act      ....    428 


LOTTERIES.  {See  Treasurer;  Declara- 
tory R.ESOLVES,  p.  1123;  Votes 
and  Orders,  pp.  1128,  1129,  1131, 
1132,  11-33,  1134,  1137;  Votes  and 
Orders  of  the  Council,^.  1149.) 
acta  authorizing,  for  supplying  the  treasury  for 
expenses    of     expedition    against 

Canada 83 

for  drawing  in  outstanding  notes  of  land- 
bank  or  manufactory  company,     2S8,  583 
for  building  bridge  over  Parker  River,  in 

Newbury 326 

further  sum  to  be  raised ....    615 
for  building  bridge  over  Saco  and  Presump- 

scot  Rivers 46 

for  building  hall  for  Harvard  College  .  .  834 
for  paving  Boston  Keck  ....  222 
for  paving  and  repairing  the  highway  in 

Charlestown 329 

for  paving  and  repairing  the  highway  in 

Roxbury 223 

further  act 401 

for  paving  Prince  Street,  in  Boston  .  .  223 
for  removing  rocks  and  shoals  in  Taunton 

Great  River 327 

for  repairing   the  causeway  on    Sudbury 

River,  and  building  a  bridge    .        .    272 

fui-theract 420 

for  repairing  Faneuil  Hall     ....    425 

act  in  amendment 537 

further  act 813 

(For  methods  of  conducting,  penalties 
for    counterfeiting,    &c.,    see    the 
various  acts  above.) 
LOUISBURG.    {See  Appropriations.) 
LUMBER.    {See  Clapboards.) 
LUNENBURG. 

inhabitants  of  westerly  part  of,  set  off  into  a 
separate  town  by  the  name  of  Fitch- 
burg   -635 


M. 


MANIFEST.    {See  Impost.) 
MANUFACTORY   BILLS.      {See  Land- 

Bank.) 
MANUFACTORY  SCHEME.    {See Land- 

Bank.) 
MARBLEHEAD.     {See  Resolves,  p.  1182; 
Votes  and  Orders,  p.  1135.) 
act  to  prevent  damage  by  fire  in  .       .       .       .    513 
MARINERS.    {See  Service.) 
MARKET. 

in  Dock  Square,  Boston,  regulations  .       .       .    724 
MARRIAGES.     {See  Fees.) 

act  in  addition  to  former  act  for  orderly  con- 
summating of 622 

may  be  consummated  by  ministers,  within  the 
bounds  of  their  respective  parishes, 
though  composed  of  parts  of  seve- 
ral towns 622 

MARSHPIELD. 

act  authorizing  First  Precinct  in,  to  exchange 

meadows  for  salt  marsh  .       .       .    487 
MARTHA'S  VINEYARD. 

Indian  deeds  to  certain  lands  in,  confirmed       .    619 

act  to  prevent  stealing  sheep  from      .       .       .    435 

said  act  renewed 530,  974 


MASHPEE.       {See    Indians;    Votes    and 
Orders  op  the  Council,  p.  1149.) 

erected  into  a  district 640 

special  regulations  relating  to  Indians  and 

mulattoes 640, 641 

said  act  renewed 920 

MASSACHUSETTS  BAY  AND  NEW 
YORK. 
commissaries  appointed  to  settle  boundary  of 

jurisdiction,  between        .        .        .    993 
MEADOWS.    {See  Chilmark,  Hingham,  Tis- 

bury.) 
MEASURERS.    {See  Clapboards,  Grain,  Im- 
post.) 
MEDFORD  RIVER.    {See  Fish.) 

regulations  for  fishing  in 92 

MEETING-HOUSES.  {See  Newburyport, 
Pittsfield,  Salem,  Towns  ;  also  pro- 
visions concerning,  in  acts  incor- 
porating towns.) 
MENDON.  {See  Precincts  and  Parishes; 
Votes  and  Orders,  p.  1129.) 
Bonth  part  of  first  precinct  in,  erected  into  a 

separate  precinct      ....    902 


1170 


Index. 


MENHADEN.    {See  Fish.) 

regulations  coucerning  taking  of         •        .        .    776 
MERRICONEAGNECK.  {See  Harpswell.) 
incorporated  with  certain  islands,  into  a  district 

by  the  name  of  Harpswell       .        .      46 
MERRIMACK  RIVER. 

acts  relating  to  fishing  in       .      741,  776,  857,  907,  991 
MESSENGER    OP    THE  HOUSE    OF 
REPRESENTATIVES. 
{See  Fees.) 
MIDDLEBOROUGH. 

acts  relating  to  preservation  of  alewives  in,  420,  725 

837,  975 
MIIiITIA.    {See  Dorchester,  Service.) 

act  for  regulating 51 

act  in  addition  to 72, 166 

renewed 324 

MILLDAMS.    {See  Fish.) 
MILLS. 

miller  to  be  provided  with  suitable  stones,  fans 

and  screens 603 

to  take  as  toll  one-sixteenth  part  of  neat  grain 

of  all  sorts  ground  by  him       .        .    608 
MINISTERS.      {See  Ashfield,  Newbury,  NeiD. 
buryport,  Pittsfield,  Rehoboth,  Box- 
bury- Canada,     Salem,    Sudbury, 
Suncook,  Taxes,   Windham ;  Re- 
solves, p.  1122;  Votes  and  Ob- 
DEES,  p.  1127.) 
act  providing  for  the  support  of,  in  new  planta- 
tions, renewed  ....     530,  974 
may  consummate  marriages  within  the  bounds 
of  their  respective  parishes,  though 
parishes  made  up  of  parts  of  seve- 
ral towns    622 

towns  not  to  be  assessed  toward  the  support  of 

illiterate  ministers    ....    283 


471 


683 


MINORS.    {See  Indiana,  Mulaitoes,  Partition, 

Service.) 
MODERATORS.    {See  Towns.) 

to  be  chosen  by  proprietors  of  plantations 
MOLASSES.     {See  Casks,  Impost.) 
MONATIQUOT  RIVER.    {See  Braintree.) 
MONSON.     {See  Resolves,  p.  1120;  Votes 
AND  Obdbrs,/>.  1132.) 

erected  into  a  district 334 

MONUMENT  PONDS.    {See  Plymouth.) 
MOOSE.    {See  Votes  and  Obdeks,^.  1139.) 

act  for  preservation  and  increase  of    . 
MORTGAGES. 

on  vellum,  &c.,  not  properly  stamped,  to  be 

valid 

MOUNT  EPHRAIM.    {See  Yokumtown.) 
MULATTOES. 

in  Mashpee,  incorporated  with  Indians  into  a 

district       

not  to  be  sued  in  actions  of  contract  or  debt, 

unless         .... 
not  to  bind  out  children,  unless    . 
may  take  poor  debtor's  oath,  though  pro- 
prietors in  Mashpee  . 
MURRAYFIELD.     {See  Resolves,  p.  1122; 
Votes  and  Orders,/).  1141.) 
plantation  of,  incorporated  into  a  new  town  by 

the  same  name 837 

MUSTERS.      {See   Nantucket,  Quakers,   Ser- 
vice.) 
certain,   excused   on    account    of    expedition 

against  Canada 194 

except  in  case  of  alarm 195 

MYSTIC  RIVER. 

regulations  relating  to  fishing      .       .       .       •    776 


C39 


640 
641 


641 


N. 


NANTUCKET,   COUNTY  OF.    {See  In- 
ferior Court,  Sessions  of  the  Peace, 
Superior  Court.) 
NANTUCKET,  ISLAND  OF.   {See  Dogs.) 
inhabitants    exempted   from    certain   military 

duties 157 

excepted  from  act  relating  to  musters  and 

impressment 61 

assessed  in  lieu  of  personal  military  ser- 
vice      195 

NARRAGANSETT,  NUMBER  T'WO. 
erected  into  a  district  by  the  name  of  Westmin- 
ster      265 

certain  taxes  laid  on,  how  assessed     .       .       •    265 
cei'tain  farms  near,  joined  with  the  district  of 

Princetowu 266 

NARRAGANSETT,  NUMBER  SIX. 
plantation  of,  incorporated  into  a  town  by  the 

name  of  Templetown       .        .        .    683 
NATICK.    {See  Votes  and  Orders,  p.  1135.) 
society  and  parish  of,  erected  into  a  separate 

district  by  the  same  name        .        .    526 
NAVAL    OFFICER.     {See  Impost,   Light- 
house.) 
NAVY.    {See  Service.) 

act  continuing  acts  providing  for  two  armed 

vessels  to  guard  the  coast        .       .    643 

act  in  addition  thereto 766 

NEGROES.     {See  Excise.) 


NEGUASSET. 

inhabitants  of,  incorporated  into  a  district  by 

the  name  of  Woolwich    .        .       .    267 

to  join  with  Georgetown  in  choice  of  repre- 

sentative 267 

NENNEMESSET  ISLAND. 

act  relating  to  lulUng  deer  on      ...        .    832 
NEPONSET  RIVER. 

regulations  relating  to  fishing      ...      92,  776 
NETS.    {See  Fish.) 
NEWBURY.    (/See  Resolves,^.  1122;  Votes 

AND  ObDERS  op  the  COUNCIL,  p. 

1149;  Votes  and  Orders  op  the 
House  op  Repbesentatives,  p. 
1153.) 
lottery  authorized  for  bridge  in,  over  Parker 

River 326 

further  act 615 

toll  established  on  said  bridge      .        .        .  1030 
part  of,  erected  into  a  new  town  by  the  name  of 

Newburyport 676 

remaining  part  to  choose  hut  one  repre- 

sentative 677 

act  relating  to  Third  Parish  in,  renewed    .        .    325 

NEWBURYPORT.      {See  Newbury,  Pews; 

Resolves,  p.  1122;   Votes   and 

Obdebs,  pp.   1139,  1140;   Votes 

AND  Obdebs  op  the  House  op 

RBPRBSENTATIVES,pp.U52,  1153.) 


Index. 


1171 


N'EWBTJB.YFO'RT— Continued. 

erected  into  a  town       ......    676 

charges  and  duties 677 

to  choose  but  one  representative         .       .        .    677 

courts  to  be  held  there 677 

proprietors   of  meeting-house  empowered   to 

tax  the  pews      ....     722,  975 
NEWFOUNDLAND. 

embargo  on  fishing  vessels  sailing  to  .       .       .70 
NEW  FS.AMINGHAM. 

plantation  of,  erected  into  a  town  by  the  name 

of  Lanesborough      ....    815 
NEW  HAMPSHIRE.    (See  Bills  of  Public 
Credit.) 
hills  of  credit  of,  not  to  be  received  or  paid,     613,  922 
NEW  HINGHAM. 

plantation  of,  incorporated  into  a  town  by  the 

name  of  Chesterfield       .        .       .    673 
NEW  MABBLEHEAD. 

plantation  of,  incorporated  into  a  town  by  the 

name  of  Windham   ....    577 
NEW  MABLBOBOUGH. 

plantation  of,  erected  into  a  district  .        .       .    263 
NEW  SALEM.   (See  Votes  and  Orders, pp. 
1129, 1139.) 
district  of,  separated  from  Sunderland  In  the 

choice  of  a  representative        .       .    264 
NEW  YOBK.    (See  Boundary  LiM.) 
NOBSCOT. 

act  relating  to  certain  lands,  so  called        .       .    172 
NOBSCUSSET.    (See  Yarmouth.) 
NON-BESIDENTS.    (See  Taxes  and  refer- 
ences thereunder,  Tyringham.) 
NOBTHBOBOUGH.    (See  VoTBa  and  Ob- 

DEBS,  p.  1141.) 

erected  into  a  district 839 

to  join  with  Westborough  in  choice  of  repre- 

Bentatives  ....••    839 


NOSSET  BEACH  OR  MEADOW.  (See 

Easthdm.) 
NOTES  OFPBOVINCE  TBEASUBER. 

(See  Treasurer.) 
NOVA  SCOTIA,  (See  Poor,  and  Resolves, 
/I/).  1119,  1123;  Declaratory  Re- 
solves, p.  1123;  Votes  and  Or- 
ders, pp.  1124,  1125,  1126,  1142; 
Votes  and  Orders  of  the  Coun- 
cil, pp.  1144,  1145;  Resolves  by 
THE  House  of  Representatives, 
p.  1151;  and  Votes  AND  Orders 
OP  THE  House  op  Representa- 
tives, jop.  1151, 1152.) 
act  for  regulation  and  support  of  inhabitants 
of  (Acadia)  sent  to  this  province, 

renewed 25 

act  to  raise  money  for  bounty  for  men,  to  relieve 
those  posted  at  Louisburg  and  Nova 

Scotia 335 

NUISANCE. 

buildings  encroaching  on  street  in  Boston  to  be 

deemed  a  nuisance    .        .        .    '    .    378 
NUMBEB  ONE. 

plantation,  erected  into  a  town  by  the  name  of 

Tyringham 634 

NUMBEB  THBEE. 

plantation,  erected  into  a  town  by  the  name  of 

Sandisfield 531 

NUMBEB  THBEE. 

new  plantation,  erected  into  a  town  by  the  name 

of  Worthington         ....  1028 
NUMBER  FOUR. 

plantation,  erected  into  a  town  by  the  name  of 

Becket 817 


O. 


OAKHAM.    (<S'ee  Votes  aitdOboebs, pp.  1128, 

1137.) 

erected  into  a  town 671 

to  join  with  Rutland  in  choice  of  representa- 
tive      671 

OATH.  (See  Bills  of  Credit,  Debtor,  Excise, 
Impost,  Indians,  Poor  Prisoners, 
Quakers,  Service,  Taxes.) 

Form  of,  of  importers.    (See  the  several  im- 
post  acts.) 
of  assessors.    (See  the  several  tax  acts.) 

Furgation,  persons  accused  of  trading  with 

Indians,  how  cleared  by    .    406,  689,  765 

Quakers,  afiirmation  or  declaration  by,  to  be 
accepted  in  certain  cases  instead  of 

oath 180 

qualified  to  eit  as  juror,  on  affirmation,  in 

civil  causes  only        ....    180 
provision,  where  one-lialf  or  more  of  the 
assessors  or  collectors  are  Quakers, 
in  regard  to  ministerial  taxes,  &c.  .    180 


OA.'S'K— Continued. 

act  relating  to  affirmation  by,  renewed        .    681 
OFFENDERS.    (See  Criminals.) 
OFFICERS.    (See  Fees,  Impost,  Service,  Sher- 
iff-) 
OGUNQUIT  HARBOB.    (See  Wells.) 
OLDTOW^N  FEBRY.    (See  Newbury.) 
OVERSEERS   OF  THE  POOR. 

authority  over  idle  and  disorderly  persons,  act 

relating  to,  renewed  ....    766 
may  make  complaint  of  injuries  by  masters  to 

servants 179 

may  bind  lewd  women  to  service,  when    .       .    179 

acts  empowering,  renewed 920 

OYSTERS. 

act  to  prevent  destruction  of       ...       •    743 
said  act  renewed    ...«•.    991 


172 


Index. 


PAFEB.     {See  VoTBS  and  Obdebs,  p.  1127; 
Resolves  by  the  House  or  Rep- 

BESENTATIVES.p.  1151.) 

act  concerning  non-observance  of  act  granting 

duties  on 86 

PARCHMENT.     {See  Paper.) 

act  concerning  non-obsei-vance  of  act  granting 

duties  on 86 

PARDON  AND  INDEMNITY. 

to  oftenders  in  the  stamp-act  riots       ...    903 
PARISHES.       {See      Ministers,      Precincts, 
Taxen.) 
special  provisions  relating  to,  in  Sudbury  .       .    466 
PARKER  RIVER.    {See  BHdge,  Newbury, 

Lotteries.) 
PARLIAMENTARY    GRANTS.      {See 
Resolves,  pp.  1119,  1132,  1137.) 
provisions  relating  to  disposition  of,  77,  163, 201, 217, 

283,  598,  659 
certain  notes  or  securities  given  by  treasurer  to 

be  paid  out  of 89 

agents  appointed  to  receive  and  receipt  for,  — 

for  1758 368 

for  1759 380 

for  1760,  1761  and  1762 536 

treasurer  to  receive       ....     368,  381,  536 
treasurer  to  draw  bills  of  exchange  for,  — 

for  1759 458 

for  1760 581 

for  1761 662 

for  1762 719 

for  balance  of  grants 805 

forms  of  bills    .        .       459,  581,  663,  720,  806 
regulations  for  subscribing  for  and  pur- 
chasing bills,    459,  582,  663,  720,  721,  805, 

806 
disposition  of  parts  of  grant  for  1758     .        .  421,  427 
PARTITION   OP  LANDS. 

act  for  further  regulating         ....  321 

justices  of  the  superior  court,  and  judges 
of  probate,  respectively,  to  appoint 
freeholders  to  make  partition  .        .    321 
lands  which  cannot  be  sub-divided  may  be  set- 
tled on  one  of  the  parties,  not  being 

a  minor 321 

of  intestates,  judges  of  probate  to  authorize 

committees  to  make  ....    400 
guardians  ad  litem  to  be  appointed  for  mi- 
nors, &c 400 

notice  to  be  given  to  parties  ....  400 
act  for  the  more  easy  partition  of,  renewed  .  617 
act  for  the  more  easy  partition  of  lands.  Sec, 

given  by  will,  renewed     .        .       .    617 
PARTNER. 

not  discharged  by  discharge  of  bankrupt  .       .      43 
PAUPER.     {See  Poor.) 

PAVING  HIGHWAYS.     {See  LoUeries.) 
PAXTON.    (5ee  Votes  and  Obdeks,  p.  1140; 
Votes     and     Obdebs    op    the 
House  op  Repbesentatives,  p. 
1152.) 

incorporated  into  a  district 735 

to  join  with  Leicester  and  Spencer  in  choice 

of  representative      ....    735 
PAYQUAGE. 

plantation  of,  erected  into  a  town  by  the  name 

of  Athol 634 


PEARLASH. 

acts  to  prevent  fraud  by  adulteration  of       .  900,  975 
PEPPERELLBOROUGH. 

incorporated  into  a  district 572 

to  join  with  Biddeford  in  choice  of  represent- 
ative   572 

PERJURY. 

by  poor  debtor,  how  punished  .  .  .  277,  606 
in  bankruptcy  proceedings,  how  punished,  32,  34 
in  proceedings  under  .ict  relating  to  Indians, 

how  punished     .        .        .    407,  690,  765 
false  affirmation  by  Quaker,  to  be  deemed .        .    180 
PERMIT.     {See  Excise.) 
PESUMPSCOT    RIVER. 

act  for  building  bridge  over         ....      46 
PETIT  JURORS.     {See  Jurors.) 
PETITIONS   TO  GENERAL  COURT. 

act  to  prevent  unnecessary,  renewed  .        .        .    419 
for  licenses,  act  to  prevent,  renewed  .        .     278,  706 
PEWS. 

in  Newburyport,  how  taxed         ....    722 
PHILLIPSTOWN.      {See  Votes  and  Ob- 
debs, p.  1135.) 
division  of  common  lands  by  proprietors  in  1730 
declared  void,  and  new  division  au- 
thorized       488 

land  BO  called,  erected  into  a  town  by  the  name 

of  Sanford 992 

PHYSICIANS. 

to  guard  against  spread  of  small-pox  .        .    729 

PINES.     {See  Trees.) 

PITTSFIELD.    (iSee  Votes  and  Obdebs,  p. 
1134.) 

erected  into  a  town 434 

when  to  send  representative  to  general  court    .    434 
PLANTATIONS. 

act  for  levying  and  collecting  taxes  in  planta- 
tions not  incorporated      .        .        .    471 
inhabitants  to  meet  on  warrant  of  treasurer  of 

province  or  county    ....    471 
to  choose  moderator,  clerk,  assessors  and 

collectors 471 

appointment  of  assessors  and  collectors, 

when  made  by  general  sessions       .    472 

valuation 472 

assessors  to  call  annual  meeting     .        .    472 
PLEADINGS.     {See  Action,  Excise,  Indians.) 
in   action  by  principal  against  trustee  when 

goods  are  taken  by  trustee  process,    170 
PLUMB  ISLAND. 

act  to  prevent  horses,  cattle,  &c.,  from  running 

at  large  on,  renewed.        .        .    220,974 
PLYMOUTH.    {See  Lighthouse;   Resolves, 
p.  1122;  Votes  and  Obdebs,  pp. 
1132,  1141.) 
act  to  prevent  damage  by  horses,  cattle,  &c.,  on 

Plymouth  Beach,  renewed       .    324,  370 
act  to  prevent   cutting  wood   and   brush    on 

beach 834 

said  act  renewed 1022 

act  to  prevent  destruction  of  sheep,  by  dogs  in  .  430 
act  to  prevent  damage  being  done  in  the  woods 

of,  by  hunting  with  dogs,  &c.  .        .    814 

said  act  renewed 1022 

act  to  prevent  damage  on  a  beach  at  Monument 

Ponds 333 

Baid  act  renewed 974 


Index. 


1173 


PLYMOUTH    COUNTY.      (See    Inferior 
Court,  Sessions  of  the  Peace,  Stt- 
perior  Court.) 
time  of  sitting  of  various  courts  altered     .        .    165 
jail  to  be  used  temporarily  for  prisoners  from 

Barnstable  County    ....  1019 
FOLIiS.    {See  Taxes,  Valuation.) 
POLYGAMY. 

act  in  addition  to  an  act  against  ....    622 
PONTOOSUCK. 

plantation  of,  erected  into  a  town  by  the  name 

of  Pittsfield 434 

regulations  as  to  charges  for  minister  and 

meeting-house  ....  434, 435 
POOR.  {.See  Indians,  Overseers  of  the  Poor, 
Servant,  Settlement,  Vagrants; 
and  see  references  under  Nova 
Scotia.) 
act  relating  to  binding  out  poor  children,  and 
to    idle   and    disorderly   persons, 

renewed 324 

act  empowering  general  sessions  to  decide  con- 
troversies as  to  settlement,  re- 
newed          419 

act  relating  to  binding  out  poor  children  with- 
out the  bounds  of  any  town,  and 
to  idle  persons,  renewed  .  .  529,  920 
quarter  sessions  to  assess  relations,  for  costs 
and  charges  for  support  of  poor 
persons,  whether  arising  before  or 
after  application  to  the  court  .  .  705 
poor  persons  warned  to  depart  from  towns 
where  they  have  no  settlement, 
may  be  conveyed  out  of  the  prov- 
ince, when 911 

charges,  how  adjusted  and  defrayed     .    911,  912 
inhabitants  of  the  province  to  be  conveyed  to 

places  of  settlement ....    912 
in  Leicester  and  Rutland,  provisions  relating  to,    735 
POOR  PRISONERS  FOR  DEBT. 

acts  for  the  ease  of,  renewed        .        .       .78,  617 

acts  for  relief  of 276,  605 

what  persons  to  have  benefit  of  act,  276,  278, 605, 

606 
form  of  poor  debtor's  oath  .  .  .  277,  605 
proceedings  in  taking  oath  .  .  .  277,  605 
discharge  of  prisoner,  unless  security  given 

for  support  ....    277,  605 

prisoner  convicted  of  fraudulently  dispos- 
ing of  estate,  how  punished     .    277,  606 
judgment  against,  to  remain  valid     277,  278, 

606 
PORK.    (.See  Casks.) 
PORTERS  IN  BOSTON. 

act  for  regulating,  renewed  .        .        .        .78,  617 
POTASH  AND  PEARL  ASH.    (See  Votes 
AND  Orders,  p.  1142;  Votes  and 
Orders  of  the   House  of  Rep- 
resentatives, p.  1152.) 
act  for  appointing  assayers  of,  renewed      .        .    420 
acts  to  prevent  fraud  by  adulteration  of      .    900,  975 
branding  of  casks,  oath,  certificate       .    900, 076 


POTASH  AND  PEARLASH— CbwMnuetf. 

justice  to  issue  warrant  to  take  quantity  for 

trial 901,976 

to  require  security  of  complainant         .    975 

penalties 900,  901,  975,  976 

POUNDS. 

act  relating  to  sale  of  cattle  impounded  and 

appraised 27 

said  act  renewed 420 

POWNALBOROUGH.  (5'ee  Re  solves,  pp. 
1121,  1122;  Votes  and  Orders, 
p.  liai.) 

township  of,  erected 287 

courts  for  Lincoln  County,  to  be  held  at    .        .    374 
PRECINCTS    AND     PARISHES    IN- 
CORPORATED. 
west  wing  of  Rutland,  into  one  jsrecmct    .        .    174 
district  of  South  Brirafifkl,  into  two  parishes  .    857 
south  part  of  the  first  precinct  in  Mendon,  into 

a  separate  precinct    ....    902 
PRINCETO'WN.     (See  Resolves,  p.  1119; 
Votes   and    Orders,  pp.   1130, 
1131.) 

district  of,  erected 266 

PRISONERS.    (See  Poor  Prisoners.) 

certain,  transferred  from  Barnstable  to  Plym- 
outh     1018 

PRISONERS  OF  WAR. 

act  providing  for  the  support  of  French  brought 
to    the    province    by    ship    King 

George 198 

PROBATE  OF  WILLS,  &c.  (See  Executors, 
Fees,  Impost.) 
act  regulating  the  proceedings  of  probate  courts, 

renewed 920 

powers  of  judges  as  to  partition  of  lands,       321,  400 
judges  to  regard  certain  wages  of  soldiers  de- 
ceased as  allowance  to  widow,     197,  285 
registers  to  give  bond  to  keep  records,  &c.        .    618 
PROCESSES. 

doubtful  on  account  of  change  of  time  of  courts, 

established 752 

PROFANITY. 

act  to  prevent,  renewed 324 

PROVINCE  BOUNDARY.   (See  Boundary 

Line,  <tc.) 
PROVINCETOW^N. 

act  to  prevent  damage  by  cattle,  8cc.,  to  Cape 

Cod  Harboi-,  renewed       .        .     529,  974 
act  in  addition  to  said  act,  renewed      .     530,  974 
PUBLIC  HOUSES.    (See  Excise,  License.) 

licensed,  required  to  quarter  officers,  &c.  .        .      47 

penalty  for  refusing 48 

PUBLIC  W^ORSHIP. 

absence  from,  on  the  Lord's  Day,  howpunished,  416 
PUMPS  OR  WELLS. 

falling  within  street,  in  relocation  of  streets  in 
burnt  district  in  Boston,  how  main- 
tained          379 

PURGATION.    (See  Oath.) 

when  rec[uircd       .       •       •       •       •     406, 689, 765 


1174 


Index. 


Q. 


QUAKEBS.  {See  Service,  Taxes  ;  Resolves, 
pp.  11 19, 1121 ;  Votes  and  Ordbbs, 
pp.  1126, 1127, 1129, 1138 ;  Resolves 
BT  THE  Council,  p.  1144;  Votes 
AND  Orders  of  the  Council,  pp. 
1148,  1150.) 

allowed  to  affirm  or  declare,  instead  of  taking 

oath 180 

said  act  renewed 681 

form  of  affirmation 180 

false  affirmation,  how  punished    .        .        .    180 

not  to  serve  on  jury  without  taking  oath,  except 

In  civil  cases 180 

not  to  bear  office  where  oath  is  required,  except 

certain  town  offices  ....    180 

proceedings,  when  majority  of  assessors  or  col- 
lectors chosen  are  Quakers,  for  as- 
sessing and  collecting  ministerial 
rates,  &c 180, 181 

allowed  to  affirm  in  proceedings  against  Insol- 
vent debtor        ....      31,781 

exempted  from  musters  and  fines,        49,  90, 193,  620 

exempted  from  impressment        ...         50, 90 

imprisoned  for  penalty  for  non-attendance,  to 
be  discharged,  but  alias  execution 
may  issue  against  estate  ...      49 


QJJAK.E'RS— Continued. 

not  to  be  reimbursed  for  money  actually  paid 
into  the  hands  of  chief  officer  of 

company 49 

to  produce  certificate  of  being  Quaker,  in  order 

to  take  advantage  of  the  act    .        .      49 

lists  of,  to  be  taken,  how 50 

to  be  lodged  with  certain  officers  ...      60 
certificate  required  from  chief  officer  of  regi- 
ment    50 

computation  to  be  made  of,  in  case  of  impress- 
ment    50 

to  be  taxed  for  substitutes    .        .  50,  90, 159, 193 

substitutes  for,  how  engaged        ....    159 
bounty  paid  to  supply  places  of,  in  the  service,     90, 

193 
amount  of  bounty  for  substitutes  for.  Increased,  215 
exempted  from  ministerial  taxes  ...      67 

said  act  renewed 420 

what  persons  accounted  Quakers         ...      67 
QUARTERING  OF    OFFICERS  AND 
RECRUITS.    (.See  Service.) 


R. 


RAINSFORD'S  ISLAND.    (See  Hospital.) 
RATABLE  ESTATE.    (See  Taxes,  Valua- 
tion.) 
RATES.     {See  Taxes.) 
REAL  ESTATE.    (See  Fences,  Lands,  Par- 

tilion.) 
RECORDS.      (See   Clerks  of  Courts,  Probate; 
Votes   and    Orders,  pp.   1138, 
1139.) 
of  courts,  act  for  more  safe  keeping  of 
to  be  completed  within  six  months 
RECRUITING    OFFICERS.     (See    Ser- 

vice.) 
REDEMPTION. 

of  unimproved  lands  sold  for  payment  of  taxes, 
REGISTERS  OP  DEEDS.    (See  Fees.) 
in  Cumberland  County,  how  appointed 
in  Lincoln  Countj',  how  appointed 
REGISTERS  OP  PROBATE. 

to  give  bond  to  county  treasurer  to  keep  records, 

&c 

to  have  records  complete  witliin  six  months 
leaving  papers  unrecorded,  the  same  to  be  re- 
corded  at   the   charge   of  fonner 
register,  or  his  estate  if  deceased    . 
judge  of  probate,  to  inspect  conduct  of 
REGULAR  FORCES.    (See  Service.) 
REHOBOTH.    (See  Resolves,  p.  1120;  Votes 
AND  Orders,  pp.  1134, 1136.) 
first  precinct  in,  committee  invested  with 
corporate  powers  for  certain  pur- 
poses   

committee  authorized  to  accumulate  a  capi- 
tal of  £1,200  for  support  of  a  minis- 
ter        


618 
618 


532 


373 

374 


618 
618 


662 
619 


518 


518 


REHOBOTH— Continued. 

second   precinct   in,  committee  invested 
with  corporate  powers  for  certain 
purposes     .        .        .        .        .        .    463 

congregational  church  in,  to  have  income  o' 
certain  fund  for  support  of  minis 

ter 463 

REPRESENTATIVES.  (See  General  Court.) 

to  take  oath  relating  to  foreign  bills  of  credit,  514,  923 
(for  regulations   as  to   representation  of  new 
towns,  districts,  &c.,  see  names  of 
towns  and  districts.) 
RETAILERS.     (See  Excise,  License.) 
REVIEW. 

of  proceedings  against  absent  or  absconding 

debtor 170 

RHODE    ISLAND.      (See   Bills   of  Public 
Credit.) 
bills  of  credit  of,  not  to  be  received  or  paid  in 

the  province       ....     513,  922 
RICHMONT.     (See    Yokumtown   and  Mount 
Ephraim.) 

incorporated  into  a  town 817 

lands  in,  subject  to  taxes  for  certain  purposes  .  1027 
easterly  part  of,  incorporated  into  a  district  by 

the  name  of  Lenox  ....    905 
to  join  with  Richmont  in  choice  of  repre- 
sentatives   905 

regulations  as  to  certain  taxes       .        .        .    906 
RIOTS  AND  TUMULTUOUS  ASSEM- 
BLIES.    (See  Stamp-act  Riot><.) 
act  for  preventing  and  suppressing,  renewed,  78,  617 
act  for  further  preventing,  renewed    .        .      78,  617 
act  for  compensation  to  sufferers  and  pardon  to 

offenders  in  stamp-act  riots,  1765    .    903 


i 


Index. 


1175 


ROADTOWN. 

plantation  of,  erected  into  a  town  by  the  name 

of  Shutesbury 464 

not  to  send  representative     ....    464 
delinquent  Bettlers  to  fulfil  the  conditions 

of  their  grant 465 

EOBBERY.      {See   Votes   and  Orders,  p. 
1135.) 
persons  convicted  of  highway  robbery  guilty 
of  felony,  without  benefit  of  clergy, 
ROCKY  POINT.   {See  Taiaiion  Great  River.) 
ROWLEY-CANADA.    {See  Townships.) 
ROXBURY.    {See  LotteHes.) 
ROXBURY-CANADA, 

plantation  of,  with  other  lands,  erected  into  a 

town  by  the  name  of  Warwick 
provision  for  paying  minister's  salary        .       . 
ROYAIiSHIRE. 

land  so  named  erected  into  a  town  by  the  name 

of  Royalston 738 

ROY  ALSTON.    {See  Votes  and  Ordeks,  p. 
1140.) 
erected  into  a  town 738 


489 


604 
604 


"ROY  A.TiQUO'N— Continued. 

act  confirming  votes  and  orders  of  proprietors, 

in  1764 957 

RUTLAND. 

west  wing,  act  incorporating  inhabitants  of, 

into  a  precinct 174 

to  appoint  schoolmaster  and  surveyor  of 

highways 174 

West  Precinct  erected  into  a  district  by  the 

name  of  Oakham      ....     571 
to  join  with  Rutland  in  choice  of  represent- 
ative    571 

southerly  part  of,  incorporated  with  north- 
erlj-  part  of  Leicester  into  a  district 
by  the  name  of  Paxton     .        .        .    734 
to  join  with  Leicester  and  Spencer  in  choice 

of  representatives     ....    734 
east  wing  of,  erected  into  a  district  by  the 

name  of  Princctown    ....    266 
north-east  quarter  incorporated  into  a  dis- 
trict by  the  name  of  Hubbardston,     953 
to  join  with  Rutland  in  choice  of  represent- 
ative    .953 


s. 


SABBATH.    {See  Lord's  Day.) 
SABLES. 

English  hunters  restrained  from  hunting   .    690,  765 
SACO  RIVER.    {See  Biddeford.) 

act  for  building  bridge  over 46 

SAIL-LOFTS. 

regulated  by  selectmen 513 

SAILORS.     {See  Service.) 
SALEM.    {See  Resolves,  p.  1121;  Votes  and 
Orders,  p.  1135.) 
act  to  prevent  damage  by  tire  in  .        .        .        .    513 
act  empowering  proprietors  of  meeting-house  in 
first  parish  (under  Rev.  John  Spar- 
hawk)   to  raise  money  for  minis- 
terial and  other  necessary  charges, 

renewed 324 

act  empowering  proprietors  of  meeting-house 
in  first  parish  (under  Rev.  Dudley 
Leavitt)  to  raise  money  for  minis- 
terial and  other  necessary  charges, 

renewed 530, 974 

district  of  Danvers  in,  erected  into  a  town 

by  the  same  name     ....        5 
SALMON. 

act  to  prevent  destruction  of,  in  Merrimack 

River 741 

said  act  renewed 991 

said  act  amended 857 

additional  act 907 

SANDISFIELD. 

erected  into  a  town        ......    531 

SANDWICH. 

act  to  prevent  destruction  of  alewives  in,  re- 
newed          325 

act  to  prevent  destruction  of  sheep  by  dogs  in  .    430 
regulations  relating  to  hunting  in        .        .        .    814 
SANDY-NECK    MEADOW.    {See  Bam- 

stable.) 
SANFORD. 

town  of,  erected     .        .        .        ,        ,•       ,        ,    892 
SATURDAY  EVENING. 

business  and  diversion  prohibited      •       .       .    417 


SAUGUS  RIVER. 

regulations  relating  to  fishing      ....    776 
SCHOOLS    AND     SCHOOLMASTERS. 

act  in  addition  to  acts  for  settlement  and  sup- 
port of         ......    988 

in  west  wing  of  liutland,  provisions  relating  to,    174 
SCIRE  FACIAS. 

writ  of,  against  trustee  in  trustee  process  against 

absent  debtor 169 

costs,  how  taxed 170 

SCITUATE. 

act  to  prevent  damage  by  cattle,  &c.,  to  beaches 

in,  renewed     ....        859,  974 
SEALERS.    {See  Wood.) 
SEARCH  WARRANT.     {See  Impost.) 

for  flesh  and  skin  of  deer,  &c.,  killed  out  of  sea- 
son       684 

SEBASCODEG.TN         ISLANDS.        {See 

Harpswell.) 
SECRETARY.    {See  Fees,  Service,  Valuation.) 
SEINES.    {See  Fish.) 
SELECTMEN.    {See  Taxes,  Toicns.) 

may  appoint  inspector  of  charcoal  baskets  .  178 
may  bind  lewd  women  to  service,  when  .  .  179 
may  make  complaint  of  injuries  by  masters,  to 

servants 179 

to  adjust  charge  for  conveying  pauper  out  of 

place  where  he  has  no  settlement   .    912 

to  appoint  sealers  of  wood 177 

to  apportion  expense  of  cleansing  and  repairing 

sewers 621 

to  determine  quantity  of  fish  to  be  taken  in  vari- 
ous towns 775 

to  make  lists  of  persons  to  serve  on  petit  juries  318 
to  take  lists  of  jurors  in  July       ....    367 

penalty  for  neglect 363 

to  take  census  of  town 703 

to  quarter  officers,  &c 47 

penalty  for  refusing 43 

to  quarter  troops,  on  application  .        .        .    175 

act  relating  to  powers  over  idle  and  disorderly 

persons,  renewed      ....    706 


1176 


Index. 


92 


613 
462 


724 


179 


179 


S'EIj'ECT'M.'E'N— Continued. 

of  certain  towns,  to  determine  place  of  erecting 
■weir  on  Concord  River    . 

of  maritime  towns,  to  determine  on  suita- 
ble places  for  sail-lofts      .        .        . 

of  Soston,  to  appoint  watchmen 

to  remove  incumbrances  on  Dock  Square, 
and  regulate  market .... 
SERVANT,  BOUND  OR  BOUGHT. 

complaints  by  and  against 

enlisting,  not  to  be  deemed  a  deserter  from  his 

master 

SERVICE.  (See  Appropriations,  Canada, 
Castle  William,  Excise,  Executions, 
Louisburg,  Militia,  Nantucket, 
Prisoners  of  War,  Quakers,  Wid- 
ows, Writs;  Resolves,  p.  1119; 
Votes  and  Orders,  pp.  1126, 
1127,  1128,  1129,  1131,  1132,  1138; 
Declaratory  Resolves  bt  the 
Council,  p.  1144;  Votes  and  Or- 
ders OP  THE  Council,  pp.  1145, 
1146,  1148, 1149,  1152.) 

Military. 

PERSONS  LIABLE  TO  ...         . 

ALARM  LIST,  how  inspected .        .        . 
penalty  for  not  appearing  on  alarm 
ARMS,  persons  except  troopers,  how  fur- 
nished with        .... 
persons  in  the  frontiers  to  carry,  &c. 
forces,  how  supplied  with  bayonets 
BOUNTY-JUMPERS,  how  punished 
DESERTION,  act  to  prevent    . 

penalty  for 

penalty  for  refusing  to  aid  in  capture 
of  deserters       .... 
for  rescue  of  deserters 
DISOBEDIENCE  of  orders,  penalty 
roBFEiTURES,  how  recovered  and  paid 
IMPRESSMENT,  levy  by,  for  an  intended  ex- 
pedition       

Quakers  not  liable  to        .        .        , 
lists  to  be  made  of  Quakers        . 

MUSTERS. 

penalty  for  neglect  of      .       .       • 
for  expedition  against  Canada 
certain,  excused  in  1758  .        . 

except  in  case  of  alarm 
certain,  excused  on  account  of  war 
Quakers  not  liable  to  .      40,  90,  193,  620 

MUTINY,  penalty  for 53 

Officers. 

to   take   oath  concerning  foreign  bills  of 

credit 514,  923 

may  secure  enlisted  or  impressed  soldier 

without  warrant        ....    158 
neglect  of  duty  by,  penalty  ....    166 
oflfences  by,  how  punished    ....      52 
of  expedition  disobeying  orders,  how  pun- 
ished   195 

COLONEL  to   complete   deficiency  of  sol- 
diers   157 

how 159,194 

to  make  lists  of  Quakers  .  .  .  194 
to  transmit  lists  of  absentees  .  .  158 
CAPTAINS  to  take  oath,  under  penalty .  .  55 
to  make  lists  of  Quakers,  &c.  .  .  91 
to  report  to  secretary,  send  lists,  8ec.  .  65 
to  apply  for  warrants  for  apprehen- 
sion of  deserters       .       .       .       .158 


51 
52 
63 

62 
52 
53 
284 
156 
63 

158 
158 
54 
64 

88 

50,90 

50 

62 

192 

72 

73 

166 


SERVICE—  Continued. 

to  excuse  persons  from  exercise,  under 

oath 52 

to  inspect  companies       ....      51 
to   instruct   and   exercise   companies, 

when 51 

penalty  for  neglect  of  duty     ...      51 

CLERKS  to  take  lists 52 

to  prosecute  delinquents         ...      62 
WAGES  due  non-commissioned  ofiBcers  and 
soldiers    deceased    to   be   paid   to 
widow,  without  administration,  197,  234 
Execution. 

to  be  issued  on  judgments  recovered  by 
persons  out  of  the  province,  in  the 
king's  service,  without  the  pre- 
vious oath  220 

alias,  when  to  issue  against  persons  in,  283,  453 
Militia. 

act  to  be  read  annually  in  public  ...      55 
SOLDIERS  AND  SEAMEN  in,  not  liable  to  ar- 
rest for  debt  under  £20    ...      73 
not  liable  to  arrest  for  debt  under  £10,  197, 

283,  457 
how  discharged  .  .  73, 198, 283, 458 
how  arrested  when  liable,  73, 197,  283,  457 
exemption  not  to  apply  to  taxes  due,  73, 198, 

283,  453 
Regular  Army. 

QUARTERING  AND  BILLETING  OF,  provisions 

relating  to,     47,  71, 165,  175, 199,  275,  279 
SESSIONS   OF    THE    PEACE,   GEN- 
ERAIi.      {See     Fees,     Inferior 
Courts  of  Common  Pleas,  Jurors, 
Licenses;    Resolves,     p.     1120; 
Votes  and  Orders,  pp.  1136,1138, 
1140.) 
Times  and  places  for  holding,  {the  same 
as  those  of  Inferior  Court  of  Com- 
mon Pleas,  which  see.) 
empowered  to  discontinue  private  and  particu- 
lar ways      ....,,    722 
empowered  to  grant  licenses  in  certain  cases     .    469 
said  act  renewed      ....♦,    859 

in  Barnstable  County 641 

to  allow  claims  against  Indians  ....  164 
to  appoint  assessors  and  collectors  for  plan- 
tations, in  certain  cases  .  .  .  472 
to  appoint  deer-reeves  for  new  plantations  .  683 
to  appoint  keeper  of  bridge  over  Parker  River  .  1031 
to  appoint  measurers  of  grain  ....  607 
to  appoint  register  of  deeds  for  Berkshire  and 

Cumberland  Counties      .       .    374, 433 
to  take  cognizance  of  complaints  between  mas- 
ters and  servants        ....    179 
may  bind  servants  discharged       .        .       .    179 
to   try  offences  of  assaulting  women    in    the 

streets 489 

PROCESSES  of,  service  of  doubtful,  on  account 

of  change  of  time,  rendered  valid  .    752 
SETTLEMENT.     {See  Poor.) 

of  paupers,  regulations  concerning     .       .    911,  912 
SEWERS. 

persons  receiving  benefit  by  common  sewers,  to 

pay  their  proportion  for  cleansing  .    621 
may  object  to  proceedings,  at  hearing  before 

selectmen 621 

notice  of  opening  to  be  given       .       .       .    621 
act  giving  certain  powers  to  commissioners  of 

sewers,  renewed       .       .       .    278, 617 


Index. 


1177 


SEWETiS— Continued. 

act  for  regulating  of  drains  or  common  sewers, 

renewed 278 

act  in  addition  to  former  act  for  regulating,  &c.    620 
SHAD.    (See  Alewives,  Fish.) 

in  Weymouth,  acts  relating  to  fishery         .    322,  766 
in  Merrimack  River,  acts  relating  to    .    741,  857,  907 
SHEEP.     {See  Dogs.) 

act  to  prevent  destruction  of,  by  dogs,  in  Plym- 
outh and  Sandwich  ....    430 
act  to  encourage  the  increase  of,  renewed  .      78,  617 
act  in  addition  to  said  act,  renewed      .      78,  617 
act  to  prevent  stealing  of,  from  Martha's  Vine- 
yard     435 

said  act  renewed 974 

inspectors  to  be  chosen 435 

parties  transporting,  to  have  certificate  from 

seller 435 

inspector  to  deliver  certificate  of  entry       .    435 
to  inform  of  breaches  of  act  .        .        .    436 
penalty  for  breach  of  act       ....    435 
SHEFFIELD. 

to  be  the  shire  town  of  Berkshire  County         .    432 
north  parish  in,  erected  into  a  town  by  the 

name  of  Great  Barrington      .       .    465 
certain  lands  near,  incorporated  into  the  dis- 
trict of  Egremont     .       .        .        .286 
SHELBURNE. 

district  of,  incorporated 1013 

to  join  with  Deerfield,  in  choice  of  repre. 

sentatives 1013 

SHERBURM". 

certain  taxes  assessed  on     .        .        .  6, 145, 247 

SHERIFF.     (See  Fees.) 

to  make   inventory  of  estate   of  absconding 

debtor,  seized  or  taken    .       .       .    804 
and  deputies. 

authorized    to    convey    deserters    appre- 
hended, through  other  counties      .    158 
how  accountable  for  certain  misfeasances  .    190 
may  impress  men  for  service,  in  Nantucket, 

who  are  not  inhabitants  .  .  .  196 
may  make  forcible  entry  in  search  of  de- 
serters, provided  ....  156 
not  to  appear  as  attorney,  except  .  .  175 
not  to  draw  or  fill  up  any  writ,  unless  .  174 
not  to  give  advice  or  assistance  in  suits  .  175 
to  search  for  flesh  and  skins  of  deer,  &c., 

killed  out  of  season  .        .        .    684 

to  serve  executions  issued  by  Land-bank 

Commissioners 190 

SHINGLES.     (See  Clapboards.) 
SHIRE  TOWNS.   (See  Biddeford,  Falmouth, 
NexDburyport,         Pownalborough, 
Sheffield.) 
SHORES.     (See  Sewers.) 
SHREWSBURY  LEG. 

act  for  annexing,  to  the  town  of  Lancaster       .    991 
SHUTESBURY.     (See  Resolves,  p.  1122; 
Votes  and  Orders,  p.  1135.) 

erected  into  a  town 464 

not  to  send  representative  to  General  Court      .    464 
SILVER  COIN. 

act  ascertaining  rates  of  legal  tender  .       .       .    515 
SKEKET  MEADOW.    (See  Harwich.) 
SLEDS. 

of  wharfinger,  &c.,  to  be  marked        .       .       .    177 
SLAVES.    (See  Excise,  Servants.) 
SMALL-FOX.    (See  Contagious  Diaeatea.) 


SOCIETY  FOR  PROPAGATING  . 
CHRISTIAN  KNOWTL- 
EDGE  AMONG  THE 
INDIANS.  (See  Indians, 
Stockbridge  Indians  ;  Votes  and 
Orders,  p.  1136.) 

Incorporated 520 

organization,  officers,  powers      ....    522 

accounts 523 

SOLDIERS.  (See  Service,  Widoios.) 
SOUTH  BRIMFIELD.  (See  Resolves,  pp. 
1121,  1122,  1125;  Declaratort 
Resolves,  p.  1124;  Votes  and 
Orders, 75/).  1141, 1142;  Resolves 
BY  THE  House  of  Representa- 
tives, p.  1151 ;  Votes  and  Or- 
ders BY  THE  House  op  Repre- 
sentatives,/). 1152.) 

erected  into  a  district    .    " 601 

to  join  with  Brimfield  in  choice  of  represent- 
atives   601 

district  divided  into  two  separate  parishes         .    857 
SOUTH  HADLEY. 

second  parish  of,  incorporated  into  a  town  fey 

the  name  of  Granby         .        .        .  1011 
SPENCER.     (See  Rutland.) 
SPIRITS.    (See  Excise,  Impost.) 
SPRINGFIELD. 

fourth  parish  of,  incorporated  into  a  town  by 

the  name  of  Wilbraham  .  .  .  644 
STAMP-ACT  [PARLIAMENTARY] 
RIOTS.  (See  Resolves,  p. 
1123;  Votes  and  Orders,/).  1142; 
Votes  and  Orders  of  the 
Council,  p.  1150;  Resolves  bt 
the  House  of  Representatives, 
p.  1151;  Votes  and  Orders  op 
the  House  of  Representatives, 
p.  1152.) 
act  for  compensating  sufferers  and  pardoning 

ofienders 903 

STAMP-ACT      [PROVINCIAL].       (See 

Paper.) 
STEARNS,  EDWARD.     (See  Billerica.) 
STOCK.     (See  Cattle,  Chilmark.) 
STOCKBRIDGE    INDIANS.     (See  Indi- 
ans;  Resolves,  pp.   1119,    1120, 
1121;    Votes    and    Orders,    p. 
1139.) 
act  relating  to  illegal  purchases  of  land  from    .    369 
STOUGHTON.    (See  Resolves,  p.  1122.) 
second  precinct  incorporated  into  a  district  by 

the  name  of  Stoughtoiiham     .        .    808 
to  pay  to  Stoughtonham  its  proportion  of  cer- 
tain incomes  for  the  school      .        .    809 
STOUGHTON  HALL,  HARVARD  COL- 
LEGE. 
lottery  authorized  for  replacing  ....    834 
STOUGHTONHAM.  (^fe Resolves, p.  1122; 
Votes  and  Orders,/?.  1140.) 

incorporated  into  a  district 808 

to  join  with  Stoughton  in  choice  of  represent- 
atives   808 

STREETS.      (See   Bonfires,    Boston.,   Lamps, 

Waijs.) 
SUDBURY.     (See   Votes  and  Orders,  pp. 
1134, 1135.) 
act  authorizing  lottery  to  raise  money  for  cause- 
way and  bridge  in    ...       .    272 


1178 


Index. 


SUBBWRY— Continued. 

further  act  relating  to  lottery       .       .       .    420 
act  making  special  provision  for  the  settlement 
and  support  of  the  gospel  ministry 

in 468 

SUFFOLK,   COUNTY  OF.    {See  Inferior 
Court,  Sessions  of  the  Peace,  Su- 
perior Court.) 
SUGAR.     (See  Impost.) 
SUMMONS. 

in    action   against    absconding    debtor,    how 

served 168 

SUNCOOK. 

act  enabling  proprietors  to  raise  money  for  sup- 
port of  minister,  renewed  .  .  530 
SUNDERLAND.  (See  Votes  and  Ordbks, 
pp.  1135, 1139 ;  Votes  and  Ordkbs 
OF  THE  Council,  pp.  1149,  1150; 
Resolves  by  the  Housb  oi*  Rep- 

EESENTATIVBS,  p.  1151.) 

town  of,  separated  from  district  of  New  Salem 

in  choice  of  representative      .        .    264 
SUPERIOR  COURT  OF  JUDICATURE. 
(See  Fees,  Partition  ;  Votes  and 
Orders  of  the  House  of  Repre- 
sentatives, p.  1152.) 
Court  of  Assize,  and   General  Gaol 
Delivery,  times   and  places    of 
holding, — 


SUPERIOR  COURT,  &C.— Continued. 

in  the  several  counties 734 

in  Cumberland  County S73 

for  Lincoln  County  ....     374,  424 
in  Hampshire  for  Berkshire  ....    433 

in  Middlesex 678,  733 

writs,  executions,  and  service  thereof  ren- 

■    dered  valid 752 

offences  under  bribery  act  to  be  tried  before,      69 
justices  to  appoint  freeholders  to  make  par- 
tition of  lands 321 

one  justice  to  issue  warrant  against  estate 

of  absconding  debtor        .        .        .    777 
jurors,   how  summoned  for,    in    Cumber- 
land     424 

SUPPLY  OP  THE   TREASURY.    (See 

Treasurer  of  the  Province.) 
SURVEY. 

of  lands  in  Framingham 171 

SURVEYOR  OF  HIGH"WAYS. 

to  be  appointed  in  west  wing  of  Rutland    .        .    174 
S'WAN  ISLAND. 

in  the  Kennebeck,  included  in  township  of  Pow- 

nalborough 287 

SWANZEY.    (See  Resolves,  p.  1121.) 

act  relating  to  oysters  in 743 

Baid  act  renewed 991 

SWINE. 

acts  for  better  regulation  of,  renewed .       .     78,  617 


T. 


TAIL,  ESTATE. 

how  granted  by  commissioners  in  bankruptcy,       42 
TARPAULIN-COVE  ISLAND. 

act  relating  to  killing  moose  and  deer  on    .       .    832 
TAUNTON  GREAT  RIVER. 

regulations  relating  to  fishing       ....    776 
removal  of  obstructions  in,  lottery  authorized 

for 327 

TAVERNERS.     (See  Excise.) 
TAXES.    (See  Resolves,  pp.  1119,  1120,  1121, 
1122, 1123 ;  Votes  and  Orders, pp. 
1124,   1129,   1130,   1132,  1133,    1135, 
1137,  1138,  1139,   1140,   1141,   1142; 
Votes    and     Orders     of    the 
Council,  pp.  1149, 1150;  Resolves 
BT  the  House  of  Representa- 
tives, p.   1151;  Votes  and  Or- 
ders of  the  House  of  Repre- 
sentatives, p.  1153.) 
Ministerial.      (See     Jlinisters,      Quakers, 
Towns.) 
special  regulations  in  Ashfield      .       .        .  1015 
Province.    (See  Assessors,  Charlemont,  Chit- 
mark,  Collectors,  Lenox,  Itichmont, 
Sherburne,    Tonnage,    Treasurer, 
Tyiingham,      Valuation,      Wind- 
ham.) 
acts  for  apportioning  and  assessing,     6, 145,  247, 
381,  472,  583,  645,  706,  818,  883,  959 
granted,  19,  20,  77,  89, 161,  200,  216,  269,  271,  2S2, 
335,  371,  377,  461,  470,  471,  492,  539,  580, 
-   -  603,  623,  667,  728,  811,  881,  959,  1026 


a  A.'K'&S— Continued. 

apportioned,     6, 19,  21,  77,  90, 145, 162,  200,  217, 

248,  269,  271,  282,  335,  372,  377,  382,  461, 

470,  473,  492,  539,  580,  583,  603,  624,  646, 

667,  707,  727,  811,  819,  881,  884,  959,  961, 

1026 

assessing,  rules  for,  15, 154, 261,  396,  483,  596,  658, 

717,  830,  897,  971 

assessors  to  notify  inhabitants  to  bring  in 

lists,  16,  154,  262,  397,  484,  597,  659,  71$ 

831,  898,  972 

lists  to  be  a  rule,  unless,  16, 154,  262, 397,  484, 

597,  659,  718,  831,  89S,  972 

proceedings  in  default  of  list,  16, 154,  202,  397, 

484,  597,  659,  718,  831,  898,  972 

penalty  for  false  list,  16, 154,  262,  397, 484,  597, 

659,  718,  831,  898,  972 

appeal  to  court  of  sessions,  16,  154,  202,  397, 

484,  597,  059,  71S,  831,  898,  972 
(See  Selectmen,  below.) 

loans,  deficiency  of,  provided  for  by  taxes,     272, 

372,  471 
merchants  i-esiding  in  one  town  and  trading 

in  another,  how  rated,     17,  156,  203,  398, 

485,  598,  660,  719,  832,  899,  973 
non-residents'  property  liable  to  be  levied  on,  17, 

156, 263, 398, 485,  598,  060, 719, 832, 899, 973 
selectmen  to  transmit  lists  of  non-resident 

and  transient  merchants,  &c.,  17, 156,  263, 

398,  598,  660,  719,  832,  899,  973 

Belcctraen  or  assessors  to  return  certificate,    15, 

154, 261, 397, 483, 597, 659, 718, 831, 898, 972 


Index. 


1179 


TA'K'ES— Continued. 

surplus  provided  for,     90,  378,  462,  493,  540,  581, 

604,  624,  667,  680,  812,  882,  956,  1014, 1026 

transient  traders,  how  rated,  17, 155,  262, 398, 597, 

659,  719,  832,  899,  973 

Province  Treasurer. 

to  conform  to  appropriations,  19,  162,  270,  461, 
540,  586,  603,  667,  680,  727,  813,  882,  957, 
1015 
to  issue  warrants  to   selectmen  or  assess- 
ors, 15,  19,  21,  90,  154,  162, 163,  200,  217, 
261,  270,  271,  272,  335,  372,  377,  396,  461, 
470,  483,  493,  539,  580,  596,  603,  624,  658, 
659,  667,  717,  728,  812,  830,  881,  897,  959, 
971, 1026 
to  issue  warrants  to  collectors,  16, 155,  262,  397, 
484,  597,  659,  718,  831,  898,  972 
unimproved  lands,  regulations  as  to  .        .        .    532 
special  regulations  for  inhabitanta  of  Boston 

removing  to  avoid  taxes,      660,  719,  832, 
899,  973 
[For  special  regulations  as  to  taxes  on  the 
incorporation  of  toiona,  districts, 
<tc.,  see  acts,  wider  the  names  of 
totvns,  districts,  cfec] 
TEA.    (See  Excise.) 

TEMPLETOWN.    ((See  Votes  and  Orders, 
pp.  1136,  1137.) 

town  of,  incorporated 533 

TENANTS    IN    COMMON.     (See  Parti- 
tion.) 
act  to  prevent  waste  by,  renewed        .        .      78,  617 
THEATRICAL  ENTERTAINMENTS. 

act  to  prevent,  renewed 370 

THREATENING  LETTERS    TO  EX- 
TORT MONEY. 

act  relating  to,  renewed 420 

TIMBER. 

act  for  securing  growth  of,  at  Ispwlch  and  Wen- 
ham,  renewed    ....    731, 974 
TISBURY. 

acts  to  prevent  damage  to  beaches  and  meadows 

in 909,988 

TOLL. 

of  miller,  regulated 608 

on  bridge  at  Biddeford,  established    .        .       .  1019 
on  bridge  over  Parker  River,  established  .       .  1030 
TONNAGE.     (.See  Impost,  Lighthouse.) 
TOPSHAM. 

town  of,  incorporated •    682 

TOWNS.     (See  Assessors,  Collectors,  Districts, 
Fire,  Poor,  Selectmen,  Taxes,  VaU 
nation.) 
bonfires  in  streets  prohibited,  act  renewed        .    617 
may  join  in  providing  ferry         ....    285 
may  raise  excess  of  money  for  school  purposes,   988 
not  to  be  assessed  for  support  of  illiterate  min- 
isters   288 

ofiicers  for  preventing  damage  to  lands,  how 

chosen 23,  24,  29 

rates  and  assessments,  act  relating  to,  renewed,  77, 

617 
incorporated. 

Ashburnhara  .......    739 

Ashby 909 

Ashfield 815 

Athol 534 

Becket 817 

Belchertown   .......    404 


TOWNS— Con«nMe<f. 

Bernardston    ...       .       .       •       .       .    530 

Boothbay 731 

Bowdoinbam 600 

Bristol  (York  Co.).        .       .       .       .       .810 

Charlemont 816 

Chesterfield 673 

Colrain 466 

Danvers 5 

Fitchburg 685 

Gorham 730 

Granby 1011 

Great  Barrington 465 

Lanesborough         ......    815 

Lebanon 954 

Murrayfield     .......    837 

Newburyport 676 

Pittsfleld 434 

Pownalborough 287 

Richmont 817 

Royal  ston 738 

Sanford 992 

Sandisfield 531 

Shutesbury 464 

Templetown 533 

Topsham 682 

Tyringham 534 

Warwick 604 

Wilbraham 644 

Williamstown 809 

Winchendon 721 

Windham 577 

Worthington 1028 

or  townships,  act  for  regulating,  renewed,   952, 

974 
TOWNSEND.    (See  Votes  and  Orders,  p. 
1129;  Votes  and  Orders  of  the 
CouNcrL,  p.  1149.) 
part  of,  with  parts  of  other  towns,  erected  into 
a  town  by  the  name  of  Ashby 
TOWNSHIPS.    (See  Towns.) 

act  relating  to  certain  townships  granted  in  lieu 
of  Rowlej'-Canada,  Halestown  and 
Bakerstown,  giving  special  author- 
ity to  assessors  .... 
TREASURER  OP  THE  PROVINCE. 
(See  Appropriations.,  Bills  of  Ex- 
change, Lottery,  Parliamentary 
Grant,  Taxes  ;  Resolves, p/>.  1119, 
1120,  1121;  Votes  and  Orders, 
pp.  1124,1127,  1128,  1129,  1131,1132. 
1135, 1137;  Votes  and  Orders  of 
THE  CotraciL,  pp.  1148,  1149, 1152.) 


908 


990 


•row  £85,000 

.        .      17 

'                3,500 

.      20 

«              28,000 

.      76 

"              30,000 

.      88 

'            180,000 

.    160 

•              46,000 

.    199 

•              22,000 

.    216 

»            144,500 

.    268 

•              41,540 

.    270 

•              60,000 

.        .281 

'                4,500 

.    335 

•              70,214 

.        .    371 

•            108,000 

.    375 

•              49,100 

.     460, 490 

•              39,000 

.     469, 490 

•              25,000 

.    491 

1180 


Index. 


TEEASURER,  ScC— Continued. 

empowered  to  borrow  £17,251 

"  "              35,700 

"  "              45,000 

••  "              38,650 

«•  "              36,635 

"  «•            138,000 

"  ••            197,000 

"  "            157,000 

••  ••            125,850 

"  "            100,000 


.  538 
.  578 
.  602 
.  623 
.  665 
.  726 
.  810 
.  880 
.  958 
.  1024 

to  issue  notes  therefor,  and  form  thereof,  17,  18, 

20,  76,  160,  199,  216,  268,  271,  282,  335, 

371,  376,  460,  470,  490,  491,  516,  538,  578, 

602,  623,  666,  726,  811,  880,  958, 1025 

appropriations,  18,  19,  21, 160, 161, 199,  216, 268, 

269,  376,  377,  460,  461,  470,  492,  528,  539, 

679,  603,  623,  666,  680,  726,  727,  811,  880, 

958, 1026 

to  give  new  notes  or  receipts  for  old  ones  .        .    516 

form  of  new  receipts 516 

to  pay  old  notes,    receipts,  &c.,  according  to 

their  face,  if  not  exchanged     .        .    517 
interest  to  cease  on  old  notes,  receipts,  &c., 

when 517 

old  notes  to  he  stamped,  if  not  exchanged  .    618 
time  for  exchanging  old  notes  and  receipts 

for  new,  extended     ....    577 
to  issue  notes  for  lottery  prizes   ....      88 
payment,  how  made         ....      89 
to  receive  surplusage  of  lottery  for  redeeming 

land-bank  bills 291 

to  take  bond  of  clerk  of  superior  court       .        .    618 
to  take  bond  of  collector  of  excise,  proceed- 
ings (see  Excise)       ....      76 
to  tax  Quakers  (see  Quakers)        .        .        .91, 193 
proceedings  in  relation  to  the  loan  of  £3,500  to 

the  town  of  Boston  (see  Boston)   .    399 


TREES.    {See  Ipswich.) 

white-pine,    act  for  preventing  destruction 

of,  renewed         ....    630,  974 
TRESPASS.    (See  Actions.) 

rules  and  methods  of  conviction  to  be  applied 
to  proceedings  under  act  relating  to 
the  destruction  of  alewives      .       .    467 
TROVER.    {See  Aciio7is.) 
TRUCK-MASTER.     {See  Indians.) 
TRURO.    (/See  Votes  and  Ordeks,/i.  1137.) 
act  to  prevent  cattle  and  horses  from  running 
at  large  at  Eastern-harbor  mead- 
ows, renewed 370 

act  to  prevent  cattle  and  horses  from  running  at 
large  on  certain  beaches  near  Bound 
Brook,  renewed         .       .       .78, 617 
TRUSTEE  PROCESS.     {See  Trustees.) 
act  having  effect  of,  against  absent  or  abscond- 
ing debtors 168 

trustee,   appearance,    examination,    costs, 

&c 169,  170 

to  satisfy  execution  of  his  own  goods, 

&c.,  in  case 169 

scire  facias,  when  to  issue  .       .        .    169 
how  discharged       ....    169,  170 
TRUSTEES.     {See  Trustee  Process.) 

of  absconding  debtor,  regulations  relating  to,  778, 
779,  780,  781,  804,  883 
of  bridge  over  Parker  River,  appointment,  du- 
ties       1031 

of  Ipswich  Grammar  School  {sec  Feoffees)        .    807 
TYRINGHAM.     {See  Resolves,  pp.  1120, 
1122;    Votes   and    Orders,  pp. 
1137,  1141.) 

town  of,  erected 534 

proprietors  of,  given  special  powers  to  raise 

and  collect  money     ....    664 


UNIMPROVEB   LANDS.     {See     Lands, 

Taxes.) 
UNLAWFUL  ASSEMBLIES. 

act  for  suppressing,  renewed       .... 


u. 


617 


USURY. 

act  for  restraining  excessive,  renewed 


.    370 


V. 


VAGRANTS.    {See  Poor.) 

acts  relating  to,  renewed        .        .        .    278,  766, 
VALUATION.     {See  Towns.) 

of  taxable  property 422, 

number  of  polls,  &c.,  to  be  returned    .    422, 

persons  exempted 422, 

assessors'  oath 422, 

penalty  for  assessors'  refusing,  &c.       .    423, 
persons  to  give  in  lists  to  assessors  on  oath, 

if  required 423, 

assessors    to  transmit  lists  to  secretary's 

oflBce 423, 

additional  provisions       .... 


920 


987 


987 
429 


VELLUM.    {See  Paper.) 

act  for  preventing  loss  or  damage  through  non- 
observance  of  acts  granting  duties 


86 


VENIRE  FACIAS. 

writs  of,  issuing  and  service         .... 
new  writs,  issuing  and  service 
VESSEL.     ( See  Emharr/o,  Excise,  Impost,  Jfavy, 
Tonnage.) 
infectious  sickness  on,  how  regulated 
loaded    with    clapboards,  shingles,  hoops    or 
staves,  not  to   be  cleared  without 
certificate  of  inspection    . 
to  pay  lighthouse    duty,  when  cleared   from 

Plymouth 993 


319 
320 


45 


575 


Index. 


1181 


w, 


"WAJRE.    (See  Votes  and  Okdkes,  p.  1135) 

incorporated  into  a  district 486 

WARE-RIVER  PARISH. 

incoriiorat(.'d  into  a  district  by  the  name  of 

Ware 486 

WAREHAM. 

regulations  relating  to  hunting     .         .         .        .814 
WARRANTS.     (iV«  Fees,  Plantations,  Ser- 
vice, Taxes.) 
WARWICK.    (.See  Votes  and  Okdkrs,  p. 
11370 

town  of,  erected 601 

WASTE. 

by   coparceners,  joint  tenants,  and  tenants  in 

common,  act  to  prevent,  renewed  .    617 
W^ATCH. 

for  guarding  houses  infected  with  snaall-pox     .    728 
WATCHMEN. 

in  IJoston,  appointment  and  duties      .        .        .    462 
persons  resisting,  or  refusing  to  aid,  how 

punished 462 

WAYS.    {See    Windham;  Resolves,  p.  1120; 
Votes    and    Orders,  pp.   1133, 
1139 ;  Votes  and  Orders  op  the 
Council,  p.  1149.) 
act  relating  to  highways,  renewed       .        .        .    324 
act  relating  to  private  ways,  renewed         .        .    220 
act  relating  to  repairs  of  private  ways,  renewed,  324 
discontinuance  of  private  ways,  how  made       .    721 
in  burnt  district  of  Boston,  laid  out  and  con- 
firmed          378 

WELLPIiEET.    {See  Votes  and  Orders,/). 
1139.) 

incorporated  into  a  district 664 

to  join  witli  Eastham  in  choice  of  represent- 
atives   665 

act  to  prevent  damage  by  cattle,  &c.,  on  certain 

islands 983 

act  to  prevent  destruction  of  oysters  in      .        .     743 

said  act  renewed 991 

WELLS. 

act  to  prevent  cattle,  &c.,  going  at  large  on 
beaches,  between  Wells  and  Ogun- 
quit  Harbors,  and  to  prevent  mow- 
ing the  same 27 

said  act  renewed     .  ~ 420 

WENHAM. 

act  relating  to  growth  of  timber  in,  renewed,  731, 

974 
WEST  HOOSUCK. 

erected  into  a  town  by  the  name  of  Williams- 
town   809 

WEST    W^ING   OF    RUTLAND.      {See 
Rutland.) 
incorporated  into  a  precinct         ....    174 
WESTBOROUGH. 

north  precinct  of,  erected  into  a  district  by  the 

name  of  Northborough    .        .        .    839 
to  join  with  Westborough  in  choice  of  rep- 
resentatives        839 

WESTPIELD.      {See  Bridge;   Votes   and 
Orders,  p.  1144.) 
bridge  over  great  river,  acts  relating  to     .  740, 1023 
WESTMINSTER.    (5ee  Resolves,  p.  1119; 
Votes  and  Obdebs,  p.  1130.) 
district  of,  erected 266 


WEYMOUTH.     {See  Castle  William.) 

inhabitants  to  regulate  the  taking  of  shad  and 
alewives   within  the   limits  of  the 

town 322 

persons  to  be  chosen  to  fish  ....    322 

to  give  security 322 

penalty  for  breach  of  act 322 

said  act  renewed 766 

WHALING. 

persons  engaged  in,  excepted  from  certain  acts 
concerning  damage    to   land,   &c., 
in  Yarmouth       .        .        .        .24,  324 
WHARFINGER.     {See  Wood.) 
WHEAT.     {See  Votes  and  Orders,  pp.  1136, 
1138.) 

act  declaring  standard  of 606 

weight  of,  ascertained 607 

measurers,  &c.,  to  be  appointed  ....    607 

act  renewed ,  1022 

act  for  granting  bounty  on  wheat  raised  in  the 

province 527 

act  limited 858 

WHITE-PINE   TREES.    {See  Trees.) 
WHITE'S  ISLAND.     {See  Uarpsicell.) 
WIDOWS.     {See  Estates  of  Persons  Deceased, 
Service.) 
of  certain  non-commissioned  otScers  and  sol- 
diers, to  receive  wages  of  without 
administration  ....     197,  284 
probate-allowance  to  include  pay        .        .     197,  284 
WILBRAHAM. 

town  of,  incorporated 644 

to  join  with  Springfield  in  choice  of  represent- 
atives   644 

WILD  FOW^L. 

act  to  prevent  destruction  of,  renewed        .        .    419 
WILLIAMSTOW^N. 

erected  into  a  town 809 

WILL'S   ISLAND.     {See  ITarpswell.) 
W^INCHENDON. 

town  of,  erected 721 

WINDHAM.  {See  Resolves,  pp.  1120,  1123; 
Votes  and  Orders,  pp.  1137, 
1141, 1143.) 

town  of,  incorporated 577 

assessors  of,  empowered  to  assess  tax  for 

making  passable  ways      .        .        .  1017 
proprietors  of,  enabled  to  exchange  minis- 
terial lauds  for  others      .        .        .    835 
WITNESSES.     {See  Actions,  Fees.) 

not  held  to  attend  courts  in  February,  1764,  on 

account  of  small-pox        .        .       .    685 
WOOD. 

act  to  prevent  fraud  in  cord-wood  .  .  .  176 
sealers  to  be  appointed  and  sworn  .  .  177 
wharfinger  not  to  carry  wood  till  measured, 

except 177 

carts  or  sleds  to  be  marked   ....    177 
Boston,  regulations  for  carrying  wood  in    .    178 

said  act  renewed 530,  974 

WOODS.    {See  Barnstable,  Falmouth,  Hunting, 
Plymouth,  Sandwich,  Warehatn.) 
act  to  prevent  firing,  renewed     ....    617 
WOOLWICH.  (-See  Resolves, p.  1119;  Votes 
AND  Orders,  p.  1131.) 
district  of,  incorporated       .       .       ,       .       •    267 


1182 


Index. 


WOOIj'WIC'H— Continued. 

to  join  with  Georgetown  in  choice  of  repre- 
sentatives   267 

WOBCESTEE,  COUNTY  OF.  ISee  In- 
ferior  Court,  Sessions  of  the  Peace, 
Superior  Court.) 
assessors  of  certain  new  plantations  In,  antbor- 
ized  to  levy  on  and  sell  delinquent 
proprietors'  lands  ....  533 
WOBTHINGTON.    (See  Resolves,  p.  1123.) 

erected  into  a  town 1028 

inhabitants   and  original  purchasers   em- 


WORTHINGTON— Cim«nw«(i. 

powered   to   choose   officers    and 

grant  money 1029 

original  proprietor  to  file  list  of  persons 
with  whom  he  has  agreed  as  set- 
tlers     1029 

penalty  for  false  list        ....  1030 

regulations  as  to  taxes 1030 

■WRITS.    (See  Actions,  Fees.) 

sheriff,  &c.,  not  to  draw  or  fill,  unless        .        .    174 
service  of,  doubtful  on  account  of  change  of 

time,  rendered  valid  .        .        .    752 


YARMOUTH.      (See   Barnstable,  Harwich, 
Whaling.) 
acts  to  prevent  damage  at  Nobscusset  by  cattle, 

&c 23, 

said  act  renewed 

act  to  prevent  damage  by  cattle,  &c.,  on  mead- 
ows and  beaches  near 
YOKUMTOWN  AND  MOUNT  EPH- 
RAIM.  (See  Stockbndge  In- 
dians.) 
land  so  called,  Incorporated  into  one  distinct 
propriety   ...•*• 


323 
1022 


519 


680 


YOKUMTOWN,  &C.— Continued. 

incorporated  into  a  town  by  the  name  of 

Richmont 817 

YORK,  COUNTY  OF.  (See  Cumberlaiid 
County,  Inferior  Court,  Lincoln 
County,  Sessions  of  the  Peace,  Su- 
perior Court;  Resolves,  p.  1120; 
Votes  and  Oedebs,  pp.  1132, 
1138.) 
two  new  counties  erected  from  easterly  part  of,  372 
act  for  building  bridge  over  Saco  and  Presump- 

Bcot  Rivers        .....     46