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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.
[Chap. 2.]
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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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Province Laws. — 1758-59.
[Chap. 1.]
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Province Laws. — 1758-59.
[Chap. 1.]
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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, 17 G0.
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 Com mand. 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 Comm and. 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 th 
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