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

^^^

/ia^^^-'-- ^'''^' /

7'X^^^>- '^'^

•4 c* •> ■ -

PRIVATE AND SPECIAL

tatutes!

OF THE

COMMONWEALTH

MASSACHUSETTS,

FROM THE YEAR 1780,

TO THE

Clofe of the SefTion of the General Court,

BEGUN AND HELD ON

THE LAST WEDNESDAY IN MAY, ^. D. 1805.

WITH

An appendix,

CONTAINING

Sl/CH STATUTESy OF THE ABOVE BESCRIPTION, PASSED BEFORE

THE YEAR 1780, AS ARE REFERRED TO IN ACTS PASSED

SINCE, AND INCLUDING THE TEMPOP.ART ACTS,

MADE PERPETUAL, MARCH 7, 1797.

IN THREE VOLUMES.

VOL. L

Bofton :

PRINTED FOR THE STATE, BY MANNING Is" JLORING.

1805.

COMMONWEALTH oi- MASSACHUSETTS.

Secretary's Office, OAober 5, 1805.
THIS certifies that T have caiefuUy compared the copies
o{ the Laws of the Commonweahh of Maffachufctts, as printed
in this Edition, witli the originals depofited in this Office, and
find them to be correct.

JOHN AVERY, Stcn-fary.

COMMONWEALTH of MASSACHUSETTS.

• RESOLVED, That the Hon. Peleg Coffin* and John
Davis, Efquires, be, and they are hereby appointed and au-
thorized, in behalf of this Commonwealth, to contrail for
the printing of a new edition of fuch of the private and fpecial
Ads of this Commonwealth, pafled or to be pafled previous
to the end of the prefent feffion, as they (hall judge necefTary
and convenient ; and to be felefted by them for publication ;
together with the titles and dates of all fuch private and
fpecial Acts as they fhall judge unneceffary to be printed en-
tire, and to form and annex to each volume a complete Index
to the whole, and alfo fuch marginal references as faid Com-
mittee may approve -, the publication thereof they are alfo
directed to fuperintend. The volume or volumes to be of
the fame fize of the octavo volumes of the Laws of this Com-
monwealth, lately publifhed, and to be on good paper.

And it is further refolved, That the Committee aforefaid
are hereby authorized to agree with the perfon or perfons
who may undertake to print the Laws aforefaid for one thou-
fand volumes or fets of faid edition, for the ufe of this
Commonwealth, for fuch price as fliall appear reafonable to
faid Committee, which volumes, when completed, to be dif-
pofed of as the Legiflature fhall hereafter direct.

In SENATE, February 8, 1803.

READ and accepted.

Sent do%vnfor concurrence.

DAVID COBB, Prefident.

In the house of REPRESENTATIVES, February <), 1803.

READ and concurred.

JOHN C. JONES, Speaker.

February 9, 1803. ? /^ / / W^

Approved. $ LyalCU (C/fr 072(2.

A true co^y. —AiteJ}, JOHN AVERY, Secretary.

* The Hon. Mr. Coffin died while this work was in progrefs. A great
portion of his ufeful life had been devoted to public duties, wiiich he difchar^cd
with uniform alacrity, fidelity and intelligence.

il .1'

^xttatt.

In determinins: on the Laws to be inferted
in this colleftion, the Committee had reference to the
edition of General Laws, publifhed in the year 1801.
Afts which were viewed, by the editors of that work,
as not comprehended Avithin their commillion, an4
on that account omitted, have been considered as
Private and Special Ads, within the meaning of the
refolve, directing the pubhcation of thefe volumes.

The arrangement is in order of time, commencing
with the firft feffion of the General Court after the
eftablifliment of the Conftitution, and ending at the
clofe of the laft feflion. This extenfion of the publi-
cation, beyond the period originally direded, has
been authorized by a fubfequent refolve.

Thofe Afts pafled before the year 1780, which it
was thought proper to admit, will be found in the
Appendix.

In this edition, as in that of the General Laws,
many A6ts are omitted, as being unneceffary to be
re-publifhed. The titles and dates of all Private and
Special A6ls omitted, will be found in the fubjoined
lift. In feveral inftances the notes annexed will fug-
geft the reafons for the omiffion, and when no fuch
intimation is given, it will appear that fuch Afts were
applicable merely to fome occafional purpofes, and
having had their operation, it was judged unneceffary
to infert them.

Five Ads which were publifhed with the General
Laws, are repeated in this edition. In a note annexed
to one of them, the " Ad to make perpetual fundry
temporary Laws," the reafon for its re-publication is
fuggefted. The remaining four were included on
account of their relation or refemblance to other Acts
inferted, and becaufe it was fuppofed that they would
be expeded to be found in this colledion.

, The

VI FREFACE.

The marginal references cannot be uniformly re-
lied on as indicating all the additional Acts. In fome
inftances, fuch additional Acts were paffed after mar-
ginal notes, annexed to the original Acts, had been
committed to the prefs. Any embarraffment or un-
certainty, from this fource, will be avoided by a
recurrence to the Index, which has been carefully
prepared, and in which is noticed the fubjeft matter
of every Ad contained in the edition.

Boston, }

October 5, 1805. \

LIST OF PRIVATE AND SPECIAL ACTS

OMITTED IN THIS EDITION.

AN ACT to enable the Proprietors of the Great Bridge „

over Tork River, in the firft Parilh in faid Town, to _ . ' *
take Toll for the Repair and Amendments thereof.

[Temporary. Expired.]

An ACT for the better Government and Regulation of the May i6.
Ferry between Bo/Ion and Charle/lown ; and for repealing
the Laws heretofore made for that Purpofe.

[Superfeded by eredion of Charles River Bridge.]

An ACT for continuing a Company or Troop of Horfe, in June a8.
the Third Regiment of Foot in the County of Ejjex.

[Embraced by fubiequent Militia Laws.]

An ACT to enable the Inhabitants and Proprietors of the Nov. %.
Plantation called A/Jjticlet Equivalent, in the County of
BerhjVire, to tax themfelves for paft and future Taxes that
have been or may be laid upon them by the General Court
of this Commonwealth.

An ACT for granting a Lottery for ere£Hng a Bridge over lySz.
"" Chekebee'^WQry on the Road leading from Springfield, \.o March 6.
Hadlty, in the County of Hampjljire.

An ACT to incorporate the Committee of the Congregation- May 3.
al Church and Society in the Town of New-Salem, for cer-
tain Purpofes.

[Repealed March 18, 1788]

An ACT for raifing by Lottery the Sum of Tivelve Hundred May 7.
Pounds, for the Purpofe of building a Paper-Mill, and pro-
moting the Manufaclory of Paper in Milton.

An ACT to remove the Obftru£lions, and open Paflage-Ways juiy -
for the Fifli called Alewives, Shad, and other Filh, up
Neponfet-River.

[Repealed March 11, 1791 ]

An ACT for granting a Lottery for repairing the Bridge' over oa 2
the River Parker, in the County of EfTex.

An ACT for granting a Lottery for repairing and fupporting ^^^ ^^
a Bridge over j^ganuam River, fo called, in TVeJl-Springfield.

Vlll

ACTS OMITTED.

1783-

Feb. 10.

Feb. 15.

Feb. a 6.

March i.

March 20.

June 16.

June 18.

June 2$.

OA. 24.

1784.
Feb. 18.

March j.

An ACT to remove certain Actions now pending in the Su-
preme Judicial Court in the County of Hampjhire^ to the
Supreme Judicial Court in the County of BerkJIjire, and to
enable Peter A. Fonda to re-enter a certain Action in the
Court of Common Pleas in the faid County of Berhjhire.

An ACT for granting a Lottery for re-building and making
good the public Bridges and Caufeways in the Town of

Lancajier.

An ACT for granting a Lottery for re-building the North
Mills in the Town of Bojlotij which were lately confumed
by Fire.

An ACT for raifing by Lottery the Sum of Three Thoiifimd
Pounds.) for the Purpofe of building a Glafs Houfe, and
promoting the Manufacture of crown and other Glafs, in
Boflon,

An ACT for preventing the unncceiTary Deftruflion of Shad,
Alewives, and other Fifh, in Calhance and Abagadejj'nt Riv-
ers, in the Town of Boivdoinhnm.

[Temporary. Made perpetual, March 7, 1797. Repealed, March i, 1798]

An ACT for granting a Lottery for the re-building and re-
pairing the public Bridges, and repairing the Highway in
the Town of W'wchendony which lead to Charlejlonvn y in the
State of New-HampJ}jtre.

An ACT for granting a Lottery for the Purpofe of re-building
a Bridge acrofs Wejlficld-Rivery in the town of Wejlfield^
nigh to a Place called Weller's-Mills.

An ACT in Addition to the feveral ACls of tliis Common-
wealth already made, for the Prefervation of the Fifh call-
ed Alewives, and for the better regulating the River called
Weiueivantett-Rivery in the County of Plymouth.
[Repealed March i, 1798.]

An ACT to regulate the catching of Salmon, Shad and Ale-
wives, and to remove and prevent Obftruftions in Merri-
mack-Rivery and in the other Rivers and Streams running
into the fame, within this Commonwealth, and for repeal-
ing feveral A£ts heretofore made for that Purpofe.

[Repealed March 4, 1790.

An ACT for regulating the Market in Bojlon.

[Repealed Feb. Ii, 1785.]

An ACT for reviving one Law now expired, and continuing
the fame, and another Law near expiring.

[The A<5ts referred to are " An Adl to prevent mmeccffary I>aw Suits," and
" An A<Sl to prevent the deft.ru(5lion ol Salmon and other fifh in Agavvam
or Weftfield River," paffcd in 1779. Tlie laft A(fl only comes within the
plan of this Edition. It was continued to Nov. i, 1785, and a perpetual law
on the fubjedl paffed June 47, 1 786.

ACTS OMITTED.

An ACT in Addition to an Acl, entitled, <' An AcH: to incor-
porate Jonathan Gardner^ jun. and others, therein named,
into a iSociety by the name of The Marine Society at Saie/ny
in the County of Ej/l'x, in the Province of the Maffachufetts
Bay, in Ne-zu- England"

[Repealed Julv 8, 1790.]

An ACT for incorporating a Number of the Inhabitants of
the firft Parifh in Adendon, in the County of Worcejier, into
a Society by the Naine of The Tn-Jl Congregational Sjciety in
Alendon.

[Repealed June 2S, 1791 ]

An ACT for the appointing and empowering Commiffioners,
on the i'art of this Comaionvveakh, in Conjundtion with
fuch as are or may be appointed by the State of Neiu-2'orky
to afcertain the I'oundary Line between the Commonwealth
and State aforefai-d', eaftward of Hudfon^s-River.
[Repealed June 4, i 784 ]

An ACT in Addition to, and for repealing certain Parts of an
Acl, made and pvifled the third day of July., A. D. one
thoufand feven hundred and eighty-two, entitled, " An Act
to remove the Obllructions and open PalTage-Ways for the

" Fiih called Alewives, Shad, and other Filh, up Neponfet-
River, and for mak'ng more efFeclual Pi"ovifion for the
pailing of the faid Filh."

[Reptaied March It, 179T,]

'An ACT for granting a Lottery for the Purpofe of widening
and repairing the Great-Briuge over Charles- River ^ in the
Town of Watertoiun.

1784.
March 9.

March 16.

March iS.

March 19.

June 2 a.

An ACT granting to Simon. lKitln-/d, the exclufive Privilege July a.
of making and vending Clock-Jacks for five Years.

[I'.xpired ]

An, ACT to incorporate the Church and Congregation in the July 5.
Diftrict oi Grange, in tlie County of Hunip^.nre, whereof
the Reverend Mr. Emerfon Fojler is the prefent Minifter,
into a Society, by the Name of The Congregational Society in
Orange.

[Repealed March u, 1791]

Apt ACT for incorporating tiie Congregational Church in the
Town of Charlton, with certain other Inhabitants of the
faid Town, into a diftincft ParilL.

[Repealed March 3, 1798.]

An ACT for repealing one Act of this Commonwealth, made
and pafled in the Year of our Lord, one thoufand feven
hundred and eighty-four, entitled, " An Aft for regulating
the Market in B-/hn."

An ACT for o^)e.^nng Sluice-Ways in the Mill-Dam or Dams
wliich have or may be ereded on Prefumfcut River, in the

County
b

0(ft. 36.

1785.
Feb. XI.

March 14,

ACTS OMITTED.

1785-

March 16,

June 14,
June 30.

Kov. 9.

Nov. 29*

1 785.
Feb. 17.

March 6^.

March 14.

June 13.

County of Cumhej-btidy and upon any Stream or Streams
which fall into the fame River.

[Repealed July 7, 1786.] .

An ACT in Addition to, and for repealing certain Parts of
an Act, entitled, " An A61 in Addition to, and for repeal-
ing certain Parts of an A<Sl, made and pafTed the third day
of Julyy Anno Domini one thoufand feven hundred and
eighty-two, entitled, " An Ait to remove the Obftrud^ions
and open Paffage-Ways for the Fifli called Alewives, Shad,
and other Fi(h, up Neponfct River ;" and for making more
eftedual Provifion for the Pafiage of the faid Fifh.

[Repealed March 11, 1791.]

An ACT for granting a Lottery for the repairing of Le'icejler
Academy, and making additional Buildings thereto.

An ACT in Addition to, and for repealing certain Parts of
an K^ pafled in the Year of our Lord one thoufand {t\Qia.
hundred and eighty-three, entitled, " An A<ft to regulate
the catching Salmon, Shad and Alewives, and to remove
and prevent Obftru6lions in Merrimack River, and in the
other Rivers and Streams running into the fame, within
this Commonwealth, and for repealing feveral A6ls here-
tofore made for that Purpofe."

[Repealed March 4, 1790]

An ACT to prevent the Deftruction of the Fifh called Ale-
wives, in their Pailage up the Rivers and Streams in th^
Town of Kingston^ in the County of Plymouth.

[Repealed March 3, 1802]

An ACT for eilablifhing a Toll for the Purpofes of repairing
and maintaining the Great Bridge over the River Parker^
in the Town of Nenuhury, and County of EJJex.

[Expired. Another A<ft relative to faid Bridge, Feb. ij,^ -fTP^]

An ACT for railing and forming a Regiment of Cavalry in

the County of Worcefler.

[See fubfequent Militia Laws ]

An ACT for adjourning Northampton Court, and to authorize
any two of the Juftices of the Supreme Judicial Court to
do and perform the Bufinefs of the faid Court, in the
Counties of Plymouth and Barnjlahle refpe£lively, at the
next Seflion of the faid Court in the faid Counties, in the
Month of Mny^ one thoufand feven hundred and eighty-
fix.

An ACT giving to Paul Revere and Johi Noyes the exclufive
Privilege of erecting a Steam Engine for manufacturing

Iron.

[Temporary. Expired.]

An ACT In Addition to an A(Sl, entitled, " An A€i to pre-
vent Incumbrances about the Doors of the Court-Houfe in

Bof:n:' An

ACTS OMITTED.

An ACT to prevent the Deftru(Stion of the Fifh called Shad
and Alewives, in their Paffiige up the Rivers and Streams
in the Town of Rehoboth^ in the County of Brijlol.

[Repealed March 6, 1804.]

An ACT to prevent the Deftrudion, and to regulate the
Catching of the Fi(h called Salmon, Shad and Alewives in
Kennehec-Rivery and feveral other Rivers and Streams in the
Counties of Cumberland and Lincoln.

[Repealed March i, 1798.]

An ACT in Addition to an Ad, entitled, " An AiH: for in-
corporating the Congregational Church in the Town of
Charlton^ with certain other Inhabitants of the faid Town,
into a diftin<St Parilh.

[Repealed March 3, 1798]

An ACT in Addition to an Adt, entitled, <« An A£l in Addi-
tion to an Aft paiTed in the Year of our Lord one thou-
fand feven hundred and feventy-three," entitled, "An A£b
to prevent the Deftrudlion of Alewives and other Fifh in
Ipfwich RivfKj and to encourage the Increafe of the fame."

[Repealed March 28, 1788.]

An ACT granting certain Privileges to the Proprietors of the
Slitting-Mill in the Town of Taunton, in the County of
Brijlcl.
[Limited to one year. Revived till further order of Court March zi, 1788. Re-
pealed by Adi relative to alewifc fifhery in Mill River, pafTcd Mardi a, 1798.]

An ACT repealing an Aft pafied in the Year of our Lord
One thoufand feven hundred and eighty-three, entitled,
*' An Aft for raiung by Lottery the Sum of Three Thoufand
Pounds, for the Pur[M>fe of building a Giafs-Houfe, and
promoting the Manufafture of Crown and other Glafs, in
Bofton ;" and for the Purpofe of promoting the Manufac-
ture of Crown and other Glafs within this Commonwealth.

An ACr granting Liberty for taking the Fifli called Menha-
den in Neponfet River, with Seines.

[Repealed March ii, 1791.]

An ACT empowering the Town of JVeyinouth to regulate and
order the taking and difpofmg of the Fiih called Shad and
Alewives, within the Limits of that Town.

[Repealed March 7, 1801 ]

An ACT to revive an Aft, entitled, " An Aft granting cer-
tain Privileges to the Proprietors of the Slitting-Mill in the
Town of Taunton, in the County of Brijrol.'"

[Repealed. See A(fl of March %, 1787, above.]

An ACT in Addition to an Aft, entitled, " An Aft in Addi-
tion to an Aft palfed in the Year of our Lord one thou-
fand kv&n hundred and eighty-three, entitled, " An Aft
to regulate the Catching of Salmon, Shad and Alewives,

and

1785.

June 27.

July 7.

July 8,

1787.
Ma^rch 2.

March i.

July 6.

1788.

March 10.

March JO.

M.r,h a I.

March aS.

^; ACTS OMITTED.

^gg and to remove and prevent ObftrucTtions in Merrinmck Rivfy,

and in the other Rivers and Streams running into the fame
within this Commonwealth, and for repealing feveral Ails
heretofore made for that Purpole."

[Repealed March 4, 179 j

An ACT repealing a certain Paragraph of an A6i: p:ifled in
March 29. jj^g Year of our Lord One thoufand feven hundred and

eighty-three, entitled, " An Acl in addition to the feveral
At\s of this Commonwealth already made for the Prefer-
vationof the Fi(h called Alewives, and for the better regu-
lating the River called lf^L'w?ivimieit, in the County of
Plymouth^ and for making an Addition to the faid A<St.

[Repealed March I, 1798 ]

lune 9. -^^ ACT in Addition to an A£l, entitled, " An ACt to prevent

the Deftrudfion of the Fiih called Shad and Alewives, in
their Paffage up the Rivers and Streams in the Town of
Rehobothy in the County of Brijioir

[R( pealed March 6, 1804.]

June 40. An ACT to prevent the Deftruclion of Salmon and Shad in

ConnccHcut River.
[Repealed March )0, 1797.]

1789. An ACT in Addition to an Aft, entitled, « An Aft repealing

Jan. ao. .;i, Aft paffed in the Year of our Lord one thoufand feveii

Jitmdred and eighty-three, entitled, " An Aft for raifmg by
i.oiU-ry the Sum oi Three Thoiifniui Pouhdsj for the Purpofe
ur 'juilding a Glafs-Houfcj and promoting the Manufacture
oi Crown and other Glafs, in Bujion ,•" and for the Purpofe
of promoting the Manufafture of Crown and other Glafs
within this Commonwealth."
Teb. 1^ An ACT to enable the Town of IVatertoivn to regulate and

order the taking of the FiOi called Shad and Alewives,
within the Limits of the faid Town.

[Expired. A perpetual lyaw relative to faid fifh, and extending; to Watcrtown,
WeOon, a.nd \^ aicham, paffcd March a, 1^98 ]

Feb. 13. ^" ACT. in A«1dition to, and in Explanation of an Aft paffed

the twenty-third Day of Jiiney in the Year of our Lord one
thoufand ieven hundred and eighty-three, entitled, "An
Ati for the Prefervation of the Fi(li called Alewives, in
JVewewantett-River, in the County of Plymouth ,-" and fojr
repealing an Aft in Addition to faid Aft, which pafTed the
twenty-ninth day of March, in the Year of our Lord one
thoufand fevcn hundred and eighty-eight.

[Repealed Mirch i, 1798.J

An ACT in Addition to an Aft, entitled, " An Aft to pre-

1790. veht the Deftruftion, and to regulate the Catching of the

Feb. a. Filh called Salmon, Shad and Alewives, in the Rivers and

Streams in the Counties of Cumberland and Lincoln^ and f

fepeal all Laws heretofore made for that Purpofe.

[Repealed Ma) ch j, 1798.] ■"■"

ACTS OMITTED.

XI 11

An ACT to preVeht the Deflrui^ion of the FiHi called Ale-
wives "m Taunton Great River, (fo cailed) in the County, of
B.'iflol^ and to regul-ate the Catching of faid Fifii therein
for the future-

[Rqsealed March 19, I79,v]

An ACT granting a Lottery for the Purpofe of fecnrmg
and fortifying the Beach on the fouthwelterly Side of the
Harbour of A'Lirbleheady and appointing Truftees to apply
the Proceeds.

An ACT to prevent the Deftruftion of Oyfters in the feverdl
Places therein mentioned.

[Repealed Feb. a6, 1776.]

An ACT to prevent Damage being dohe to tlie Beach and
Meadows on the fouth Side , of the Town of Rdgarton^ in
the County of Dukes Connty, and to the Creeks adjoining
thereto-, by Cattle, Sheep and Htjrfes paffing over the fame j
and for preferving the Fiih in the faid Creeks.

[Repealed February n, 179'4}

An ACT for regulating the Alewive Fifliery in the Town of
Bridge-watery in the County of Plymowthy and for repealing
all Laws heretofore made for that Purpofe.

[Repealed February iO, 1797-3

An ACT for regulating the Taking of Shadj Alewives and
other Firti in their Pafllige througli Nt'ponfet Riv^r, and the
feveral Streams to the Ponds called Punkapog and Aiajfapog.

[Repealed March 10, 1797.]
An ACT for incorporating jonaikan Davis and others, for ^he

Purpofe of building a Bridge acrofs Netv-AIeadovj Rivcr.

[No ufe has been made of this A61. Another Company was intorporated for the

fame purpoCe, Feb. 16, 1802. See Vol 11 476]

An ACT for eftablifiiing an Academy in the Town of P/y~
mouthy by the Name of T.be Plpnouih Academy,

JTh's Academy was inttnded forthe county of Plymouth, Kut a prcfifence Was
afterwards given to Bridgewater, as a ntore fuitablefuuation for the purpofe ;
and the ufual grant of land, expecfled from the government when this Adt
was obtained, was riiade to Hridj>ewattr A&idemy, incorporated Feb. 26,
3799. Ihis A61, therefore, has never been carried into operation.]

An ACT in Addition to an A£l, entitled, " An kd: for in-
corporating Jonathan Davis and others, for the Furpofe of
building a Bridge over New-Ideadovj RiverJ'

[ace note above, annexed to the title of the original AA, March 9, 1793 ]

An ACT to revive and continue an Acl, entitled, " An Adtto
prevent the Deftrudtion of Oyliers in the feveral Place?
therein mentioned."

[Repealed Feb. 26, 1796]
An ACT in Addition to an A61, entitled, " An A<Sl to prevent
the Deftruftion and to regulate the catching of the Filh
called Salmon, Shad and Alewives, in the Rivers and

Streams

f7PD.

Feb. 22.

March 4.

June 17.

1791.

March 7,

March 9.

March it

1793-
March 9.

March 19.

June 21.

June 22.

1794.
Feb. 24.

XIV

ACTS OMITTED.

1794.

June X41

1795-
Feb. II.

Feb. J4.

June 23.

1796.
Jan. a6.

Feb. 13.

1797-
March II.

June aj.

1799-
Feb. 13.

March i.

Streams in the Counties of Cumberland and Lincoln^ and to
repeal all Laws heretofore made for that Purpofe."
[Repealed March i, 1798.]

An ACT for raifing the Sum of Eight Thoufand Pounds for the
Purpofe of eredling a Building for the Ufe of the Univer-
fity at Cambridge.

An ACT incorporating certain Perfons for ere£\ing a Bridge

over Damarafcotti River, in the County of Lincoln.

[Repealed March 10, 1797.]

An ACT more efFefhially to prevent the Defl:ru£lion of Shad
and Alewives in the Rivers and Streams within the Towns
of Lyniiy Readifig and Lynnfield.

[Repealed March 3, i8oa.]

An ACT in Addition to an Aft, entitled, « An Aft: more ef-
feftually to prevent the Deftruftion of the Fifh called Shad
and Alewives, in the Rivers and Streams within the Towns
of Lyfuiy Reading, and Lynnjield" pafled February twenty-
fourth, in the Year of our Lord one thoufand leven hun-
dred and ninety-five.

[Repealed March 3, i8oa]

An ACT for granting a Lottery for the Purpofe of altering,
making, and repairing certain Roads in the Town of Glou^
cejler, in the County of EJfex.

An ACT in Addition to an Aft incorporating certain Perfons
for erefting a Bridge over Damarafcotti River, in the County
of Lincoln, pafTed February the eleventh, one thoufand fev-
en hundred and ninety-five.

[Repealed March 10, 1797.]

An ACT to fecure the Town of Bo/Ion again ft Damage from

Fires.
[Repealed June 23, 1797.]

An ACT to fecure the Town of Bo/lon againft Damage from

Fires.

[Repealed June 27, 1798.]
An ACT to empower the Inhabitants of the Town of Bo/lon
to choofe a Board of Health, and for removing and pre-
venting Nuifances in faid Town.

[Repealed June 30, I799']

An ACT for regulating the Fiftiery in the Town of Wool-

ivich, in the County of Lincoln.

[Repealed March i, i8oo ]

ERRATA.

VOL. I.

Marginal References.

Page 87, for July 26 readVth. 27
ib. / July 24 r Feb. a4
89,/ June 20 r June 22 — and

add, " See General Laws"
I26,/I796 r 1792

iM, /1793 >• 1790
338, /Feb. n r Feb. ai

Page 272, / March air March ij
ib. / Feb. a? r Feb. 26
.113. /July 8 r Feb. 8
394, / March 8 r March 9
449, y March 8 r March 9
4ja,/X79»»- 1793.

VOL. II.

Marginal References

iPagc90,/i79o r 1799

102, c/i^/tf Feb. 22, X793, ond

infert "See Vol. 1. 435

note"
19a, /Jan. 28 r Jan. 30
271, /March 16 r March Id

Page %%Si *^« Feb. 22, 1 793—/' Feb.
11 r Feb 7
370,/ i8oi r 1800
393,/ 1804 r 1803
405, / Nov. 15 r March 4
469, /Jan. 28 r Jan. 30.

VOL. III.

Page 323, dele the reference oppofite the title of the Aft.
351, marginal reference—/ March 8 r March 9.

In the margin of the Aft Vol. 1. 438. infert " Made perpetual March 7, 1797."
The Aft jT' anting certain privileges to a Slitting-MHl in Taunton, inferted

Vol, L 319. ought to have been omitted. It was repealed March a, 1798. See

Vol. n, 221.

[The following errors, though of a defcription different from the above, It may
be proper to notice, in this connexion.]

In the title of an Additional Aft refpefting Luck-Trap Bridge, paffed March
14, 1805, the Original Aft is referred to as having paffed June 24, 1804 ; but
the true date of the Aft intended is June 24, 1802. See Vol. Ill p. 25, 525.

In an Additional Aft refpefting the Second Majfacbufetts Turnpike Corporatieni
Vol. III. p. 471. there is a mifreckal of the title of the Original Aft.

A fimilar error in the title of an Additional Aft relative to Havertill Bridget
is noted VoL L p, 435.

V -

■dkaia«<WM«^

t^ritJate and Special
STATUTE S

MASSACHUSETTS.

An ACT for ereding a Town v/Ithin the County of Pan of Nor-
Ha??ip/]:)ire, by the Name of Montmnery. wich and

^-^ ' •' ii J Southampton

WHEREAS the Inhabitants of the northerly part of Wejl- annexedMarch
Jield, called the New-Addition, on the eaft fide of Weft- ^' '79a.
^e/d River, and the fouthwefterly part of Southampton, viz. The i*tcainble.
fifth mile fquare, fixth mile fquare, and the half fquare mile
adjoining the faid fixth mile f-^uare, and the foutherly corner of
Nornvich, beginning at Moofe Mi^adow Corner, eight hundred rods
onSouthampton weft line ; thence a ftraight line to Rock-Houfe
Corner, fo called, to the corner of the abovefaid New- Addition y
have reprefented to this Court the great difficulties and inconveni-
ences they labour under in their prefent fituation, and have ear-
neftly requefted that they be incorporated into a town :

Sect, i . Be it therefore enaBed by the Sc7iate and Houfe of Rep"
refentatives in General Court affembled, and by the authority of the
fame. That the faid northerly part of Weflfield, called the New"
Addition, on the eaft fide of Weffield River, and the fouthweft-
erly part of Southampton, and foutherly corner of Norwich, lying
as aforefaid, and all bounded as follows, viz. Beginning I't Rock- Boundaries,
Houfe Corner on Blandford line ; thence on faid Blandfcrd line
fouth twenty-two degrees eaft to Weflfield River ; thence down
faid River to Weflfield old tOMTi line ; thence eafterly upon the
old town line to the end of the proprietors' long lots ; thence
north twenty-two degrees eaft on faicl New-Addition line, {qm&ci
■hundred and twenty-five rods to Southampton line on the half
fquare mile line ; thence eaft twenty-one degrees fouth, to a rock
and heap of ftones ; thence north four degrees eaft, three hun-
dred eighty-five rods ; thence weft one hundred fixty rods to the
fouth-eaft corner of the aforefaid fifth fquare mile i thence north

Vol. r. A four

BATH.

Feb. 17, An. 1781.

John Kirldand
f-fq. empower-
ed to call the
iiill meeting.

Provifo.

The inhabit-
ants of faid
town entitled
to their jufl;
proportion of
arms and am-
munition.

Provifo.

four degrees enft, three InmJred twenty rods j thence Aveft three
hiuidreu twenty rods to Southampton well: Une ; thence north four
degrees eaft on faid weft Hne, one hundred lixty rods ; thence
runnhig a rtr-aight line to the firft mentioned corner, butting
northerly on faid Norivkh^ be and hereby is incorporated into a
town by the name of Alontgomcry ; and the faid town be and
hereby is invefted with all the powers, privileges and immunities
that towns in this Commonwealth do or may enjoy by the Con-
ftitution or laws of the fame.

Sect. 2. And be It fia-ther ennEledy Th^it John Kirkia fid, ^fq.
be, and hereby is empowered to iffiie his warrant, directed to fome
principal inhabitant within faid to-wn of J\Io7itgcmeryy requiring
him to warn the inhabitants of faid town qualified to vote in town
affairs, to aflemhle at fome fuitable time and place in faid town, to
chooi'e fuch officers as are necellary to m.anage the affairs of faid
town.

Provided neverthelefsy The inhabitants of faid town fliall pay
their proportionable part of all fuch Town, County, State and
other Taxes as are already aiTclled, or may be aEefled upon them
by the refpevftive towns to which they have belonged, and of all
public debts and duties which may be due and owing from the
(aid towns, until a tax i\\A\ be laid by this Court upon the faid
town hereby Incorporated.

SiCT. 3. And ii is hereby further enacJed, That tlie inhabit-
ants of faid town of Montgomery be entitled, and they hereby are
enabled to demand and receive their juft proportion of the arms
and ammunition to which they Avere entitled from their feveral
tow^ns previous to this A<Si: being palTed.

Provided neverthelefs, and be it further enafledy That the town
of Wef field ihall hold and enjoy for their ufe the two public lots
in faid New-Addition^ viz. the Miniilry and School Lots, fo called.
[This A£f pafTed November 28, 1780.]

An ACT for incorporating the fecorid Parifli in George-
toivn, in the County of Lincoln, into a feparate Town,
by the Name of Bath.

PrcamLIe. "^"^ THERE AS the inhabitants of the fecond Parifli 'of George-
^ Y toiv7iy in the county oi Lijicoln, have petitioned the Le-
giQature of this Commonwealth, fetting forth, that great in-
conveniences accrue to them by their being coiitinued a part of
faid town, on account of the detached iituation of the faid fecond
parifli from the lower divifion of faid town : And whereas
it appears that the reorefentatien of the faid inhabitants, as ftated
Thefceondpa- "'I their petition, is foimilecl on fa& : Therefore,
r:lh of George- Sr.CT. I . Be it enaBed by the Senate and Houfe of ReprefentativeSy
ir'^d '"nto^'" '" ^''^'^'^^'^ ^"^'"^ affenMcdy and by the authority of the famcy Tliat
rc^vn by ^ the ^^^ ^'^^'^ fecpnd parifli be, and it hereby is incorporated into a fep-
nainc of Bddi arate

BATH, NATICK. Feb. 17—19, An. 1781. '^

arate town, by the name of Bath, with all the powers, privileges
and immunities of incorporated towns.

Sect. 2. And be it further enaBed by the authority aforcfaidy
That the bounds of the laid tov/n of Bath be, and they 3 re here- Boundaries,
by as follows, viz. Northwardly and weftwai-dly by Ne--w Mea-
dows River, fo called •, northwardly and eaftwardly by Merry
Meeting-Bay ; fouthwardly by Kenncbeck River ; and fouthward-
ly and weftwardly by Winnogatice Creek, fo called ; and from
faid Creek by a path which was formerly an Indian carrying place,
as faid path runs to the neareft part of Cafco-Bay. Provided not-
luithjlanding. That the faid inhabitants be held to pay their pro-
portion of the public tax, which is now alTefTed on faid Georgetown,
and remains unpaid ; and alio that they be held to comply with
all other requiiitions of Government on the faid town of George-
town, prior to this AOi, as though the fame had never been made.

Sect. 3. And be it further enncled,Th:At Samuel Harnden,YS'\. Sam. Hamden,
be, and he hereby is empowered and directed to iiTue his warrant ^^"-l ^nipo'^'^jT-
to fome principal inhabitant of faid town, requiring him to warn ^^.^^ meetlii'r.
the inhabitants thereof to meet at fuch time and place as he fhall
therein fet forth, to choofe all fuch officers as towns are by law
required and empowered to choole in the month of March annu-
ally ; at which meeting all the then prefent male inhabitants, up-
wards of twenty-one years of age, fhall be admitted to vote.
[This Aft palled February 17,1781.]

An ACT for erefting the Diilria of Natick, in the
County of Middle/ex, into a Town, by the Name of
Natick.

WHEREAS by an Aft: made in the year of our Lord one Preamble,
thoufand feven hundred and fixty-two, the then fociety gee Appendix,
and parifh of Natick, and the inhabitants thereof, were vefted
with all the privileges, powers and immunities that diftrifts are
vefted with, lave only the exception contained in the following
claufe, viz. « Provided, that the prefent meeting-houfe fliall not
be removed, nor any new meeting-houfe erefted within the fame,
without the fpecial licenle of this Court." And whereas by one
other Aft, made in the year of our Lord one thoufand feven hun-
dred and feventy-five, among other things it is enafted and de-
clared, that each diftrift within the then colony, now Common-
wealth of Mnffcichufetfs, whofe incorporation anfwers to the de-
fcription contained in faid Aft, « fliall be holdcn, taken, and in-
tended to be a town, to all intents and purpofes whatibever ;"
but no mention is made in faid Aft of the difi:rift of Nntirk, or
of the excepting claufe above recited ; in confequence whereof
doubts have arifen whether the faid diftrift of Natick is entitled
to the privileges granted by the faid Aft herein laft mentioned :
For the removal of all doubts and difputes relative tliereto :

Sect.

4 SHELBURNE, CONWAY. Feb. 19, An. 1781.

Excepting Sect. I . Be it enaEted by the Senate and Houfe of Reprefenta'

^A&l '" a^ tivesy in General Court ajfeinbled, and by the authority of the faine,
ing the fociety That the before-mentioned excepting claufe, in the Aft for ex-e£l-
and parifh of ing the fociety and pariili of Natich into a feparate diftrift, by
Natick into a ^]^q name of Natick, be and it hereby is repealed and declared

Sect. 2. And be it further enacted by the authority aforefaidy
Boundaries That the laid diftrift of Natick, with the fame bounds and limits,
confirmed. allowed and confirmed to the inhabitants when made a diltrift,
be and it hereby is ere£led into a town, by the name of Natick.
And it is hereby declared^ that the inhabitants thereof are vefted
with all the powers, privileges and immunities which other towns
by law and the Conftitution of this Commonwealth do or may
enjoy, to all intents and purpofes whatfoever.

Sect. 3. And be it further cnaEled by the authority aforefaid^
The inhabit- That the inhabitants of faid Natick fhall be held punftually to
ants of Natick fulfil all votes and contrails made and pafled with and in favour
their ^ aeree- ^^ ^^ Rev. Mr. Stephen Badger ^ refpe6ling his maintenance as a
ment with the minifter : And that nothing in this Aft fliall extend, or be con-
Rev. Mr. Ste- ftrued to extend, fo far as any way to afFeft the pofieffion or im-
f hen Badger, provement of any rights, privileges or advantages which have
been granted or devifed to the faid Mr. Badger, as Miffionary or
Minifter of Natick ; but the fame fhall be by him held and en-
joyed In the fame manner as they might and would have been,
if this Aft had not been paffed.

[This Aft palTed February 19, 178 1.]

An ACT to fet off that Part of Sbelburne, which lies on
the fouth fide of Deerjield River, from faid Town^
and annexing the fame to the Town of Conway.

Preamble. "^11! T^^^-^"^^ ^^ appears that a number of the inhabitants of
W Y the town of Shelburne, in the county of Hampflnre, liv-
ing in the foutherly part of faid town, and on the fouth fide of
Deerfeld River, would be much better accommodated by being
fet off from faid town, and annexed to the town of Conwayy in
faid county :

Sect, i . Be it therefore enaBed by the Senate and Houfe of Rep-
reftntativcs, in General Court offeyyibled, and by the authority of the
fame. That all that part of the town of Shelburne, lying on the
fouth fide of Deerfeld River, fo called, containing by eflimation
two thoufand and nine hundred acres, and bounded as follows :

JSjundarici Southerly upon Comvays north line ; wefterly upon Aflyfield^s
eafl; liiie ; and northerly upon the fouth bank of Deerfeld River :
And all the faid lands, with the inhabitants thereon, Ihall forever
hereafter be confidered as belonging to the town of Conivay.

Pfovifo. Provided neverthelefs, That the faid inhabitants fhall pay their

proportionable part of all taxes and men which are already affefl^

ALEWIVES, &c. Feh. ig. An. lySi, 5

€d and levied on (aid town of ShpUntrtic ; any thing in this Aft
to the contrary notwithftanding. , . , ,., The amount of
Sect. 2. And be it further enaHed by the authority aforefaidy the eftates and
That the amount of the eftates on and in faid tra£l of land, and the polls returned
polls thereon, returned by the Afleflbrs of the tOA\Ti of Shtlbunie, ^y ^^^ ^^^^*
in the laft valuation taken, as belonging to faid She/bur/ie, be de- ^^^.^^^ ^^ ^^ ^^_
du£led from the return made by faid AflefTors and added to the durted and ad-
return made by the AflefTors of the town of Conway. ^^^ to the re-
[This Aa pafied February 19, 1781.] J^" ^'l li
— — — — Conway.

An ACT more effeQ:ualIy to prevent the Deftru6tion of
Alewives in their Paflage up the Rivers and Streams
in the Tov^'ns of Salem and Danvers.

WHEREAS It is necefiary for the prefervation of the fifh Preamble,
called alewives, in their paflage up the rivers and ftreams
in the towns of Saletn and Danversy into the ponds at the head
of thofe ftreams, that the Committees hereafter to be appointed
in thofe towns, to fee that the paflage- ways for faid fifli be not
obftrufted, ftiould have their refpeftive jurifdidtlons enlarged, and
further authority given them for the purpofes aforefaid :

Sect, i . Be it therefore enaEled by the Senate and Houfe of Rep- Towns of Sa-
refentatives, in General Court ajfembled, and by the authority of the '^m and Dan-
fame^ That the towns of Salem and Danvers ftiall be, and they ^^^^^ aT"^heir
are hereby refpe<ftlvely empowered and dlrefted at their meetings meetings in
in March annually, each town to choofe three or more perfons, March to
to fee that the laws refpefting the paflTage-ways for faid fifli be '^ f°f ^^^^^2
obferved : And each perfon fo chofen, fhall take an oath faith- j^^j refped-
fuily to difcharge the duties required of him by law. And the ing the paf-
Committees of laid towns fhall meet together annually on or be- ^^^^"/^^^?^ ^°^
fore the tenth day of April, at fuch time and place as the perfon ^^
lirft chofen by the town of Saletn fhall appoint, to be by him
duly notified. And the major part of the Committees prefent The major
at fuch meeting are hereby authorized and empowered to order part of the

the times, places and manner in which faid fifh may be taken ^ ^l"!"' ^^* °

r r r • \ ii/-i "''^ tovvns em-

withm the limits of either of faid towns, and alio the number powered to or-

any one perfon may be allowed to take on any one day. And der the time in
the members of the Committees aforefaid fhall have joint and which faid fifh
concurrent jurifdidllon in either of faid towns ; and the doings
of faid Committees, or either of them, or the members of either
of them, fhall have full power to a6t as fuch. In either of faid
towns. And In cafe either of faid towns fhall negleft to choofe in cafe,
fuch Committee, the Committee chofen by the other town fhall
be as fully empowered as though fuch town had not neglected.
And the laid Committees or either of them (on neglect as afore-
faid) fhall have power to caufe the whole natural courfe of the
ftreams tlirough which faid fifh pafs to, in both the faid towns,
to be kept open and without obftrudions, to remove any fuch

6 ALEWIVES, &c. Feb. 19, An. 17B1.

as may be found therein, to make the paflage-ways of fuch
The Commit- ftreams wider or deeper, if they find it necelTary. And the faid
tees authorized Comrhittees or either of them, or any member thereof, fhall have
to go on e jju|.j-jQj.i|.y ^Q fjQ Qj^ t]-^g \2xid of any perfon through which any
land of any / b i • i r i i ' u i 7

perfon, with- luch nver or itream runs, or on which luch lana may be bound-
out being con- ed, for thofe purpofes, without being conildered as trefpaflers.
fidered as tref- ^^nd any perfon who fhall moleft or hinder faid Committees, or
P J. , „ either of them, or any member thereof, in the execution of the

in"- faid Com- bufinefs of his or their office or offices, or fhall obftruft any paf-
mittees in the fage-way in fuch river or ftream, otherwife than may be allowed by
execution of {^^Q\-^^ Conmiittees or Committee, he or llae fhall forfeit and pay
■ a fum not exceeding^r?j pounds, nor lefs than ten pounds.
"' Sect. 2. And be it further enacted by the authority aforejaid.

Committees That the faid ComiTiittees or the m.ajor part of them prefent at
authorized to ^ny meeting duly notified, being not lefs than three in number,
*'r^flJce^ he^a^ ^"^ t)e, and they are hereby authorized and empowered to open
of any mill. any dam or fluice head of any mill eredted or that may be eredled
on or over any fuch river or ftream, at the expenfe of the owner
Provifo. ^'' OAvners of luch dam or fluice, provided fuch owner or owners

fliail negledt to open the lame, when thereto required by faid
Cominittees or fuch major part of them as aforelaid ; and the
dam or fluice fo opened fliall continue open to fuch depth and
/ width as the Committees or fiid major part may judge neceflary,
from the tenth day of April to the tenth day of 'Juiie in every
Perfons ob- year. And in cafe any perfon or pcrfons fliall obflrudl the pal-

ilrudtmg the fage-way allowed or ordered by laid Committees, or fuch major

paffaee-wayal ^ „. ., ., , „ : , ,... , _. ..,^ ^^ offending

Winds, nor lefs

fowcFbv^'faid P^'^ °^ them, in any dam or fluice ; each perfon fo offending
Committee, to Ihall forfeit and pay a fum not exceeding ffty po

pay i fine of than ten pounds.

^^°' Sect. 3. And be it further enabled by the authority aforefaid,

Owners of any That the owner or owners of any tide-mill erected, or that may

e mi e- j^gj-g^jf^gj. j^g grgf^ed on any fuch river, Ihall keen a fluice-jrate

rectcii, to keep . ■> \ . t . . ^

•i fluicc-gate hoifled, or pauage-way open, of three feet m width and two
hoifted. feet high, three hours at leafl before high water in each tide,

from the faid tenth day of April to the tenth day of June
annually, on penalty of forfeiting for each tide it fhall not be
hoifted or the palTage-way opened, a fum not exceeding three
pounds, nor lefs than five fliillings . And the bottom of the paf-
fage-way fo opened, fliall be as low as the faid Committees or
the major part as aforefaid fliall judge necellary.

Sect. 4. And be it further enabled by the authority aforefaid,
Perfon* not to That if any perfon or perfons fhall take any of faid fifli on any
takefifliunlefs, ^j^y^ ^,j. \y^ ^y^y pij^^e, or in any manner, or in greater numbers
than fliall be allowed by faid Committees as aforefaid, each per-
fon fb offending fliall forfeit and pay a fum not exceeding forty
Tensity. JhiUings, nor lefs than five fijillings ,• and no feines fhall at any

time be made ufe of to take faid lifli, nor fliall they be taken in
any manner more than three days in any one week.

Sect.

LANCASTER, SHREWSBURY. Feb, 26, An. 1781. 7

Sect. 5. y4/id he it further enaBed by the authority aforefaidy
That if the Committees aforefaid, or either of them, or any Perfons dete(a-
member therecf, fhall dete<n: any perlbn or perfons attempting f^„*° ^.^ ^^^'
to take any of laid fifh on any day, at any place, in any manner, ^^^^^^^ ^ \\{i%
or in a greater number, otherwise than is allowed by faid Com- Aft,
mittees, and Tnall find fifh with fuch perfon or perfons, fuch
perfon or perfons fhall be doomed to have taken faid fifh, and
be fubjeft to the penalties of this A£l accordingly.

Sect. 6. Atid be it further enaSfed by the authority aforefaid^
That all the penalties incurred by the breach of this Act, may Penalties how
be filed for and recovered in any Court of Record in the county
of EJfex proper to try the fame. And all fums as recovered as
forfeited by this Act fliall be appropriated, one moiety thereof to
the profecutors, and the other moiety equally divided between
- the faid towns of Salem and Danvers. And no perfon, by rea-
fon of his being one of either of the Committees aforefaid, fliall
be thereby difqualified from being a witnefs in any profecution
for breach of this A61.

[This Adl paffed February 19, 1781.]

An ACT for annexing that Part of Lancajier, called the
Southerly Part, to the Town of Shrcwjlury.

WHEREAS it has been reprefented to this Court that the Preamtle.
foutherly part of Lancajier^ in the county of Worceflery
bounded on faid Shrenvjbury^ in many refpects will be m-ore ac-
cominodated to be fet off from the faid to\\ai of Laticajler, and
annexed to the town of Shreiufpury, in faid county :

Sect, i . Be it enacted by the Senate and Houfe of Reprefenta-
tiveSy in General Court affembledy and by the authority of the fame.
That the foutherly part of Lancafler^ with the inhabitants there-
of, bounded as follows, viz. Begirming at the northweft angle at Boundarie*.
Still-Water River, at a heap of ftones by faid river, at the end of
Ezra Beeman^s ftone wall, as it now ftands, near jfofah Cuttings
mills ; from thence eaft five degrees fouth one hundred and nine-
ty-eight rods to a county road leading from Worcefer to Lunen-
burg ; thence angling round Ebenezcr Pikes' farm to a heap of*
ftones, the northeaft angle of faid Pikes^ farm ; thence eaft nine-
teen degrees and thirty minutes fouth, one hundred and forty-
four rods to a heap of ftones ; thence eaft five degrees and thirty
minutes fouth, one hundred and fifty-two rods, to a heap of
ftones j thence eaft eighteen degrees north, one hundred and
eighty rods, to a heap of ftones •, thence eaft ten degrees north,
two miles, to Lancafer river ; thence eaft twenty-five dcgi'ees
fouth, one mile and a half and thirty rods, to a heap of ftones
on Bolton town line ; thence fouth twenty degrees and thirty
minutes weft, to a heap of ftones on Skrewjbury town line ;
thence angling gn faid Shrenufbury and faid Still-Water River to

the

8 NP:W ASHFORD. Feb. 16, An. 17^^.

fir It mentioned angle ; be, and hereby are fet off from the faid

town of LaficaJIer, and annexed to the town of Shre%u/b/iry in the

county of IVorcijier^ there to do duties and receive privileges as

other their inhabitants.

The inhubit- ggp^^ 2. Jnd be it further enaSted, That the inhabitants of

3nts 01 trie - • -

fouth part of ^^^ ^'""^ foutherly part of Lancajlcr as before defcribed, fhall pay

Lancafter to tlie proportion of all fuch State, town and county taxes already

pay their pro- granted to be raifed on the town of Lancajler aforefaid.

akeady tran" ^^^"^^ 3 ' ^"'^ ^' '* f"*'^^"' '"^^'^'^^ '^^^^^ ^^ i^iuch of the vaW
cd. " nation of LancaJ}cr be fet off to ShreiuJ'bury as is before mention-
Part of the val- ed ; and the Committee on the valuation are diredled to govern
nation of Lan- themfclves accordingly.

taftef to be fet ^^ ■' -v- r-

off CO Shrewf- [This Aft paffed February 26, 1781.]

bury.

An ACT for ere6lin;j; that Tradl of Land lying in the

County of Berkjlyire, called Nezu AJhford, into a Dif-

trid, by the Name of New AJJ^ford.

Preamble. "1^ THERE AS the inhabitants of New Afford, (fo called) in

^ V *^^ county of BerkJInrey have reprelented to this Court,

the great difficulties and inconveniences they labour under in

their prefent fituation, and have earneftly requefted that they

may be mcorporated into a diftri6l :

Sect. i. Be it therefore enacfed by the Senate and Haufe of Rep-
refentativesy in General Court ajfembledy and by the authority of the
Boundaries. Jaine^ That the laid traft of land in the county of BerkJInrey called
Neiv AJIjford, lying between the towns of JV^illiamJJo-wn and Lanef-
boroughy Hancock and AdamSy be and is hereby incorporated into
a diftrift by the name of Neiu AJJjford ; and the faid diftrift be
and hereby is inverted with all the privileges, powers and immu-
nities that towns in this Commonwealth by law do or may enjoy,
that of fending a Reprefentative to the General Affembly only
excepted, but hereby have liberty granted them to join with the
town of Lane/borough for that purpofe.

Sect. 2. And be it further enacted by the authority aforefaidy

Gideon Whee- That Gideon Wheeler, Efq. be, and hereby is direfted and em-

\cT, Efq. to call powered to iffae his warrant directed to fome principal inhab-

ing ^ "^^^** i*^'^"*^ within faid diftrift, requiring him to warn the inhabitants

of faid diftridt, qualified to vote in town affairs, to affemble at

fome fuitable time and place in faid diftrift, to choofe fuch

officers as are neceflary to manage the affairs of faid difi:rict.

Provifo. Provided nevertheltfsy The inhabitants of faid ditlrift of New

AJJjford fhall pay their proportionable part of all the State taxes

for money, beef, and men, that hath been heretofore affeffed or

apportioned on the feveral towns within this Commonwealthr'

which hath not yet by them been furnifhed or paid.

[This AcX paffed February 26, 1781-]:

STERLING, &c. ^pfil 25—2$, An. 17^1. 9

An ACTfor incorporating the fecondPrecina. of theTown^^^'l'^^^^^
of Lancafter into a Town, by the Name of Sterling. 1793.

WHEREAS fronl the extended fitiiation, and an increafed Preamble,
population of the town of Lancaflery niany difficulties
and inconveniencies have arifcn to the inhabitants of faid town :
And whereas the inhabitants thereof have petitioned this Court,
and earneftly requefted that the fecond precinct of faid to-vvn may
be incorporated into a town :

Sect, i . Be it therefore enacfrcd by the Senate and Houfe of^ep-
refetitativeSy in General Court ajfembled^ arid by the authority of the
Jiane^ That the faid fecond precinft oi Lancajler^ in the county of
Worcejlery bounded as follows, viz. Beginning upon the foutheaft Boundaries
corner of Leotninjler ; arid from thence to run a linC eail twenty-
one degrees fouth one hundred and fixty perch ; and from thence
to run fouth eight degrees weftj two miles and an half and twenty
perch J which diftance will be due weft from "Jojias Fairbanks*
houfe j and from thence to run fouth eighteen degrees weft to
a certain place called The Foot of the Sear, and extending on faid
line until it fhall ftrike the line of the town of Shn-eiujhtiryy be,
and hereby is eredled into a town by the name of Sterling ; and
that the inhabitants thereof be and they herebv are invefted with
all the powers, privileges and immunities which the inhabitants
of towns within this Commonwealth do or may by law enjoy.

Provided, That the inhabitants of faid Sterling fhall pay their Provlfc*.
proportion of the fe^/eral taxes already aiTelTed upon them by the
faid town of Laitcafer.

Sect. 2. -^;/i it isfurthei" enaEled, That the feveral poor, now The fupport of
fupported by the faid toWn oi Lancafer, be equally divided and th^ poor to be
iupported between and by the faid towns of Lancajler and Sterling.

Sect. 3. And he it further enaBed, That all the town ftock Alfd the towri
how belonging to faid town of Lancafter, be equally divided be-* fto<='^
tween faid towns of Lancafi?r and Sterling.

Sect. 4. And be it further enacled. That Jojtah Wilder, Efq. be, g^^'^^^ Wjlder^,
and he is hereby empowered and directed to iffue his warrant to firrt meeUng. ^
Ibme principal inhabitant of faid toAvn of Sterling, requiring him
to warn the inhabitants thereof to meet at fuch time and place as
lliall be therein fet forth, to choofe all fuch officers as towns are
by law required to chooie in the month of March annually ; at
which meeting all the male inhabitants prefent, which are of the
age of twenty-one years or lipwards, and free, fliall be admitted
to vote. j-rpj^jg ^^ p^^g^ ^^^..^ 25, 1 78 1 .]

An ACT for fetting off Samuel Park, and others, from
the Town of Hopkinton, and annexing them to the
Town of Hollijlon.

WHEREAS it appears to this Court to be reafonable, and pream%
moft convenient and neceffary, that Samuel Park, Jon-
athan Fames, William Fames, Daniel Fames, and Hopejiill Fames,
Vol. L B with

10 ALEWlVtS. May S, An. jy^i,

with their eftates, iuchicllii!^ lac ir.itt of land hereafter defcribed,
viz. Beginning at a great rock with ftones upon it, a boundary
between the town of Hjpklntm and the town of Holli/Ivty on the
wefterly iide of Parker s farm \ tlience running nortlnerly on the
line of faid farm, to a white-oak tree ; from thcncs continuing
on the hne of faid farm between the lands of Jedediah Haven
and Amariah HaveHy and the lands of the heirs of Jonathan
Eamcs, deceafed, and the iieirs of Daniel Eaincs,, deceafea, to
Cold Spring Brook ,■ thence north-eiilerly as the br^jok runs to
Hcll'i/Ion line ; thence foutherly and wefterly on H.d!''J}rn line,
to the rock flrft mentioned ; fo as to include the whole of that
part of Parker s farm that now belongs to the laid town of Hop-
kinton, with their inhabitants :

Sect. I . Be it therefore enacled by the Senate and Hovfe of Rep-
refentatives, in General Court affembled, and by the authority of the
Scttln^T o'F S. fame. That the aforefaid Saniacl Parh, Jonathan Etuncs, IVilliam
^'f wit"h thdr^^'"''-^' ^^-^'^'^cl E.ames, and Hopflill Eames, u'ltli their eftates,
eilates to the including the tracl of land above defcribed, be, and they hereby
town of Hoi- are fet olF from the town of Plopkinton and incorporated with
liilon. ^Q town of HoUiJlon ,- and fliall forever hereaf'ccr be conlldered

as belonging thereto.
Provlfo, Sect. 2. Provided neverlhehfs, That the pcrfons above-

tnentioned fliall pay their proportionable part of all taxes which
are already afTefled and levied on the town of Hophinton ; any
thing in this A£l: to the contrary notwithftanding.
Provifo- Sect. 3. Provided alfo^ and he it further ejia^ed by the au-

thority aforefaid^ That the amount of the eftates aforefaid, and
the number of polls rcflJing thereon, as returned by the AileC-
fors of the faid town of Hophinton, in the prefent valuation, be
dedu(Sled from the return made by the faid AflefHors, and an-
nexed to the return made by t!ve AiTeflbrs of the iiiid town of

Hoiri/hti.

[This ACt pafied Jpril 28, 1 78 I .]
^'fl, "^'T^' An ACT to provide more elTeaiially for the Prefcrva-

uul March 7, . ^ , }L 1. 1 , • • 1 o

I -'97. tion ot t!ie Fun calicd Alevvives, m the Streams run-

^'"',^'?^'' .^5 niiifr into Merrimack Hiver, within the Town of

)>i; this luhjcd, >^ '

hut not repeal- ArUiOVCr,

Mlrchl^"^^' -^-^T-JIEREAS it is f:ii-nd that the laws already made are not
. i1()%- ' \w fufiicient to p'-'vo-n flie deftru61:ion of the fifli called

Picainblc. Alewives, in the fccams v.'it'iin the town oi Atidover, which run
into Alcrriniarh River :

Sect. I . Be it etiaP.en by the Senate and Hoife of Reprefenta^
ryternlinp: zv. tivcSy in General Court af.mbLd^ and by the authority of the famcy
A<ft pdiLd 'pjiat Jin A(St mnde in the year of our Lord one thoufand 'iitvo.n
I'trcl/ois '^ run- ^"^''"idrcd and (ixty-tive, entitled, " An Act for preventing the
ni-g into Mcr- unneceiTiry deftruition of Alewives and other fifli within this
riiiuck Ri.;cr. • .- Province,'*

iM.E WIVES. May 8, An. 1781. n

Province," be, and it is hereby extended to the ftreams herein

before mentioned. And the Selectmen of the town of ^Indovcr Selcdlmen of

arc hereby empowered to determine what number of barrels of ^"'^"^^f ^"^^
• • , -ri 1 ■ 1 r 1 • 1 II- - powered to

laid hlh may be caught tor mnrket, ana to let out the lame m determine tuc

manner as in faid Act is prefcribed, at any time in the months numbers of

of jipril and Alay annuaUv, as well as in the month of March ^^^rels of Ale:.

j^-i ■ r -c. \ ' wives ffiall be

therein fpecified. ...^^.h^.

Sect. 2. And he it furthev enaEfed by the authority a foref aid, -

That if any perfon fliall catch, or fliall attempt to catth any of Time fixed for
the before mentioned fi{h, in any part of the ftreams herein c-'tchuig of
before recited, at any time between the hours of eight in the ■*' '^""
evening and five in the morning, every perfon fo offending fhall
forfeit the funi of not lefs than iiventy fmlUugs, nor more than Penalty.
three pounds for every offence. And the oath of any officer The oiith of
chofen at the annual meeting in March tp fee that the paflage ^"7 t°^^'" '^■^^-
ways for lilh are kept open, tefrifying any fa£l that may be con- 'j.*^^ ^' '^ "^^ ^^
lidered as a violation of this or any former Adt of the General be received- 9s
Court made for the prefervation of fiih, fhall be received as fuf- infficieiu cvl-
ficient evidence of the fame. de;ice.

Sect, 3. And he it further enaBed by the authority aforefaidy
That each and every of the officers aforefaid be, and he is here- CfRcers em-
by empowered to make fearch for, and to feize any parcel of faid pc'^^^red ta
' fifh which he has reafon to fufpedl were taken at any time or ^^'^^ timber
place or in any way by law prohibited : And if any fuch ofncer phce prchibiu
Ihall have reafon to fufpe<St that any of faid fifh fo taken are fc- cd.
creted under lock, or in any other way, he is hereby empowered
in obedience to a waxTant (which any Juftice of the Peace in the Warrant to be
fame county is empowered to grant,) on application therefor from l'^''," 5"^ *
fuch officer, to break open fuch lock or other obftru(ftion, in the peace upcii
day time, and havirig feized laid fifh, to take them into his cuf- lufpicion —
tody ; and the fame officer filiall give public notice of fuch feiz- ^ he cf?.ccr to
lire, by pofling an advertifement of the fame at the public houfe """'^y '^'''^ ^'^*^"
neareft to the plate where fuch feizure was made; and if no
perfon ihall appear to faid officer to claiin faid fifli, within ^^ !^'^'^'^ ^'"*
twenty-four hours after pcfting faid advertifement, fuch fifh, and .,^..^J^ t},^ f^ri^
any calk in which they may be packed, {hall be forfeited. And to he forfeited.
if any perfon {hall appear as aforefaid to claim faid fifli, then when chirr.er
the {'aid officer fliall require the claimcr to appear before Ibme '•^^ appear.
Juftice of the Peace of the i;me county, who Ihall hear and de-
termine the caufe, except the value of the fifli feized exceed the
fum of forty fljiUings, in which cafe he fliaU require the faid in which ca,
claimcr or claimers to recognize, to appear before the next Court
of General Seffions of the Peace fur the fame county; and if
fufficieni evidence be not oftered to fatisfy the Juftice or the
Court, that the fifh fo feized v.-cre taken at fome other time and
place, and for fbme other purpofe than by law is prohibited, then
the faid fifli and any ca{k in which they may be packed, fliall b<?
{orfeited ; and all {ifli that fhall be forfeited in confequence of
this :\i\, fhall be fold by the officer \s\\q feized them ; and ail
' ■ ' • forfeitures

Forfeiture'! to
whom fliall
enure.

Officers em-
powered to re-
quire iaitabk
aid.

In cafe of re-
fufUl—
Penalty.
X'iButation.

IVENDELL.

May 8, An. 1781.

forfeitures in confequence of this A£t, after paying charges, fhall
enure one half to the faid officer, and the other half to the poor
of the town of Ando'Oer.

Si^CT. 4. And be it further enaBed by the authority aforejaidy
That the officers before-mentioned be, and they hereby are em-
powered to require fuitable aid to enable them to execute their
office ; and any perfon who fhall refufe or negleft to give aid
when thereto required as herein provided, he fhall, on convic-.
{ion thereof before any Juflice of the Peace of the fame county,
forfeit the fum of three pounds.

This hdi to continuQ and be in force for the fpace of four
years from the firft day of next November, and no longer.
[This Aa pafTed May 8, 17^1 -3

Additional
Aa, July 6,

Preambls.

JBoi:ndiiries.

An ACT for ere£ling the Northerly Part of the Town
of Shutejbury, and that Part of a Trad of Land called
Ervingjhire, which lies on the South Side of Miller*^
River, into a feparate Town by the Name of Wendell,

WHEREAS the inhabitants of the northerly part of the
town of Shutejbury, and that part of a traft of land call-
ed Ervingjhire^ which lies on the fouth fide of Miller's River, in
the county of HatnpJInre, have reprefented to this Court the
difficulties they labour under in their prefent fituation ; and ap-
prehending themfelves of fufficient number and ability, requefl
that they may be incorporated into a feparate town :

Sect, i . Be it therejor^ enaffed by the Senate and Houfe of Rep-'
refcntaiives, in General Court afe?7ihled, and by the authority of the
fa me. That the northerly part of the town of Shittefburyy and
that part of a tra<5l of bnd called Ervingflnre^ which lies on the
fouth fide of Miller'?. River, bounded as follows, viz. Beginning
at the fouth fide of Miller's River, at the north-wefl corner of
jfchn Ervir.g^ Efquire's land, and from thence extending fouth
fourteen degrees, weft two thoufand and one hundred rods, or
until it comes in a direcl hne with the fouth end of the lots
number two, three, feveii, nine, twenty-fix and twenty-feven ;
from thvoiicc running call: on the fouth line of faid lots one thou-
fand three hundred and eleven rods to New Salem town line ;
thence running northerly by Neiv Salem line to Miller's Rivejr-
two thoufand and eighty-four rods ; from thence by faid river
until it comes to the ilrit-mentioned bounds, be and hereby is
incorporated into a feparate tov^'n, by the name of Wettdelly and
inveited with all the powers, privileges and immunities tliat
■towns ja this State do or may enjoy.

Sect. 2, And be it further enaHed by the authority aforefaid^
art-, of • the '^^'^ "^^^ inhabitants of the faid town of Wendell fliall pay their
town pf Well- proportion of all State, county and town charges, already granted
dell to pay to be raifed in the town of Shutcjlury ; and alfo their proportioa

The inhabit-

prop.

tion of cliargcs.

cf the pay of the Reprefentative for the prefent year.

Sect.

JMURRAYFIELD, &c. May 8—14, An. 1781. i^

Sect. 3. And be it alfo ehaEied by the authority aforefaid., That Mofes Ounn,
Mojes Gunny Efq. be, and he hereby is authorized and required fJ^J^n^hTfirft
to iffue his warrant to one of the principal inhabitants of faid n°eeting.
town of Wendelly authorillng and requiring him to notify and
ivarn the freeholders and other inhabitants of the faid town, of
the age of twenty-one years, and free, to meet together at fuch
time and place as fhall be expreffed in faid warrant, to choofe
fuch officers as towns are authorized by law to chooie, and tranf-
jict other fuch lawful matters as fhall be expreffed in faid war-
;-ant. And the inhabitants of faid town, of the above age and
defcription, fhall be allowed to vote in faid meeting and all fuc-
ceeding town-meetings, until a valuation fhall be taken by the
AfTefTors thereof.

[This Aa pafTed May 8, 1781.]

An ACT to fet off a Part of the Town of Murrayfield,
and ann^x it to the Town of Norwich,

WHEREAS it appears that Abel Partridge^ and others, Preamble,
living on the easterly part of Murrayfieldy would be
greatly accommodated by being fet off from faid town of Mur-
rayfield and annexed to the town of Norwich :

Sect. I . Be it therefore enacled by the Senate and Houfe of Rep-
refentativesy in General Court ajfembledy and by the authority of the P^^t of the
famey That all that part of the faid town of Murrayfield that lies "-^^^l ^^c
eaflerly of a direct line from the fouthweft corner of IngerfolVs confidered as
Grant y fo called, to the fouthwefl corner of Cheflerfieldy with the belonging to

inhabitants thereon, flaall forever hereafter be confidered as be- *^^ ^P'^'" °^
, . , r -KT ■ 1 Norwich,

longing to the town or Norwich.

Sect. 2. Provided neverthelefs. That the faid inhabitants fhall Provlfo.
pay their proportionable part of all taxes, and of the men to be
railed for the Continental Army, which are ab-eady ordered by
the General Court on faid town of Murrayfield ; any thing in
this A6t to the contrary notwithftanding.

Sect. 3. Provided alfo, and be it further enaEled by the author-
ity aforefaidf That the amount of the eftate contained on and in Provifo.
faid tract of land, and the polls thereon returned by the AfTef-
fors of the town of Murrayfiddy be dedu£led from the return
made by the faid AlTefTors, and added to the return made by
the AfTefTors of the town of Norwich.

[This Aa palTed May 8, 1781.]

An ACT for incorporating the Plantation called Chef-
terJield-Gore, and the Northwardly Part of the Town
of Chefierjieldy in the County of Hampfhire, into a « q^^^^^ ^.^^^
Town by the Name of Gofljan.* in feverai fub-

W HERE AS the inhabitants of the plantation called Chef- f«1'^^"^ A*^*-
terfdd Gore, formerly known by the Second Additional Preamble
Grant made to Narraganfet townfhip number four, and thofe on

the

14 GOSHAN. May 14, An. 1781:

the northwardly part of the Firft Additional Grant to faid Narra-
ganfet townfhip, now included in the town of Chejlerfield afore-
faid, have reprefented to this Court the great difficulties and
inconveniencies they labour under in their prefent fituation,
and have earneftly requefted that they be incorporated into a
town :

Sect. I . Be it therefore enaEied by the Senate ami Houfe of Rep~
refentativesy in General Court ajjetnbledy and by the authority of the
fame^ The plantation called Cheflerfield Gore^ and that part
of the Firft Additional Grant to Narraganfet townfhip aforefaid,
now included in the town of Chef erf eldy and bounded as follow^

Bsandarles. eth, viz. Beginning at the fouthweft corner of the faid Second
Additional Grant, or Chef erf eld Gore ; thence north bounding
v/efterly on unappropriated lands eight hundred and fixty-four
rods to Afhfeld fouth line j thence eaft nineteen degrees fouth
on faid Affeld fouth line till it comes to Conway weft line ,
thence fouth nineteen degrees weft on faid Conway weft line to
a bound formerly known by Hatfeld northweft corner ; thence
fouth eleven degrees weft on Williamfurg weft line to- the fouth-
eaft corner of the Firft Additional Grant to h\A Narraganfet
Number Four ; thence weft on the fouth line of faid Grant ilx
hundred and fifty-four rods, including the whole of the four tier
of the original lots on the faid Firft Additional Grant ; thence
north eleven degrees eaft on the weft line of the aforefald four
tier of original lots, four hundred and fifty rods, to the north~
weft corner of the original lot number twenty-nine ; thence weft
three hundred and twenty-fix rods to the fouthweft corner of
lot number ninety-four ^ being the northweft corner of the pine
timber lot, fo called \ thence north eleven degrees eaft four hun-
dred rods to the fouth line of the Second Additional Grant, or
Chef erf eld Gore i thence weft to the firft mentioned bounds, be>
and hereby is incorporated into a feparate town by the name of
Gofaiiy v.'ith all the powers, privileges and immunities th^t towns
within this Commonv.'ealth have or do enjoy.

J.sherwin.Efq. Sect. 2. Avd be it further enacted^ That Jacob SJierivin, Efq.

calT^dk"^ firft ^^* """^ hereby Is empowered to ilTue his warrant to fome princi-

meeting. P^l inhabitant of faid plantation, requiring him to call a meeting

of faid inhabitants^ in order to choofe fuch officers as by law
towms are empowered to choofe, in the month of March an-
nually.

Provifo. Sect. 3. Provided neverthelefsy "The \nh-ib\t3.nis oi thzt -[I'^rt

of the Firft Additional Grant which are included in the town of
Chferfieldy fliall pay their proportionable part of all fuch Stat«
and county taxes, and town taxes, lb far as refpects the raifing
of men and fupplies for the Continental Army as are already fet
upon them by the town of Chf erf eldy in like manner as tlipugl\
this Adl had not been made.

[This Aa paffed May 14, 178 1.]

CAMBRIDGE BRIDGE. May i6, An. 1781; 15

An ACT for repealing one Claufe or Part of an A(Sl of
this Commonwealth, made and paiTed in the Year of
our Lord One thoufand fix hundred anij" ninety-nine,
entitled, " An Adl for rebuilding the Great Bridge
over Charles River in the Town of Canibrid'^c.''*

WHEREAS the Great and General Court in the year of preamllsi
our Lord one thoufand fix hundred and ninety-nine,
then thought lit to make and pafs an A£t for the purpofe of fup-
portiiig and maintaining Ccwibridge Bridge, and by faid A6t fub-
je6led the town of Newton to one third part of the charge of
maintaining the lame ; inafmuch that Nenvtoti then having no
part of any large bridge in faid town to maintain, but the cafe is
lb altered at this time that the town of Nt"wto?i is fubje<fted to
the charge of maintaining the one half of live bridges over faid
Charles River, where it borders on faid town, which are very
expenfive : Therefore,

Sect. I. Be it enacied by the Senate and Honfe of Reprefenta-
Yivcs, in General Court ajfembledy and by the authority of the fame.,
That that part of the aforefaid A£l that fubjedls the town of Repealing an
Newton to any part of the charge of fupporting and maintaining Adl fubjeifling
faid bridge in the town of Cambridgey and alfo any other A61 or ^^ *°^" °^
refolve that refpedts the town of Neivton, relative to their being ^he charfres^ of
obliged to maintain faid bridge, be, and hereby are repealed. fupporting

Sect. "2. And be it further enaSled by the authority aforefaidy Cambridge
That the tOAvn of Newton fhall not be any longer held to anfwer ^^ ^^'
to any charge, fuits or demand, relative to faid bridge {in Cam-
bridge ) in confequence of any A£l or refolve whatfoever now
exifting, excepting that the town of Newton fhall be held to pay
one third part of the repairs now to be made agreeable to an
agreement entered into between the Sele£lmen of the towns of
Cambridgey Newtony and Lexington, in Afay, one thoufand fevers
hundred and eighty.

[This Aa paffed Afay 1 6, 1 7 8 r .]

An ACT for granting to Thaddeus Newton One Hun-
dred Acres of I^nd in the T'own of Murraysfield.

WHEREAS Thaddeus Newton, of Murraysfield, in the Prdambi*:
county of Hamppire, in the year one thoufand k\&n
hundred and feventy-thi-ee, was entitled to a good and lawful
deed of one hundred acres of land in faid Murraysfield^ from
Col. fohn Chandler, of Worcefler, on certain conditions, which,
conditions faid Newton hath fulfilled on liis part, but faid John
Chandler hath taken refuge with the enemies of thele United
States, and hath not complied with his faid agreement ; by
.which means the faid Newton will fufl.iin great damage unlei?
lie is relieved bv this Ccmmonweakh : Therefore,

i6 YARMOUTH MEAbOWS, ime 28, An. i^Ui

Be it enaEied b^ the Senate and Houfe of ReprefentativeSy in Gen^^
eral Court ajfembled, and by the authority of the fame^ That lot
A lot of land number nine, in the firft divilion in faid Murraysfieldy laid out
Tli"addeus '" ^° J"^'' Chandler, Efq. an abfentee, be, and hereby is granted
Mewton, his "^"^^ confirmed to him the faid Thaddeus Newton, his heirs and
heirs, &c. affigns, as an abfolute eftate of inheritance, in fee fimple forever.

[This Aa pafTed June 28, 1 781.]

J^f^^^PJJP^^* An ACT to prevent Damage being done on the
1797. ' Meadows lying in the Townlhip of Tar7muth, called

Additional Ad NobfcuJJett Meadow ; and a fmall Commonage of
June ij, 1803. Land, and Beaches thereto adjoining.

Preamble. "TT THERE AS many peribns frequently drive numbers of
V V neat cattle, horfes, fheep and fwine, to feed upon the
beaches and fhores adjoining to Nobfcujfett Meadow, in Tar^
mouth, between faid meadow and Yarmouth harbour, whereby
the beach is much broken and damnified, and the fand much
blown on faid meadow and lands adjoining, to the great damage'
not only of private perfons in their property, but alfo of the faid
town in general, fo far as relates to faid meadow, harbour, and
the lands adjoining ;

Sect, i . Be it therefore enaHed by the Senate and Houfe of Rep-
refentafives, in General Court affcrnbled, and by the authority of the
t>erfons ^ro-Jatne, That from and after the firft day of July next, no perfon
hibited^ from q^. pgi-fons fhall prefume Co turn or drive any neat cattle or horfe
of all kinds Tin- kind, Iheep or Iwine, to, or upon any of the beaches, meadows
on the beaches, or ihores at faid NobfcuJJett, beginning at the wefterly fide of
meadows, &:c. Tobey% land, upon the bank near the fea fhore, and all lands,
and Yarmouth ^^^^hes and meadows lying to the fouthward and weftward of
after the firft the faid Tobefs land, extending to Yarmouth harbour, that is
day of July now lying without fence tO' the fea fhore, and fo to the extent
next. ^ ^^ meadow and beaches aforefaid in faid Yarmouth, from the

fifteenth day of April to the fifteenth day of November annually.
Penalty. upon the penalty of ten fnllings a head for neat cattle and horfe

kind, and onefjiUing for each iheep and fwine that fhall be turn-
ed and found on faid beaches, meaiiovvs or fhores, within the
time and limits aforefaid, which penally fhall be recovered by
the Seleftmen or Treafurer of the faid town of Yarmouth, or
any other perfon that filall inform and fue for the fame ; the
one half of the faid forfeiture fhall enure to the benefit of him
or them who fhall inform and flie for the fame ; the other half
to the benefit of the poor of the faid town of Yarmouth.

Sect. 2. And be it further enabled by the authority aforefaid^
Cattle liable to That if any neat cattle or horfe kind, or fheep or fwine, fhall at
be impounded, any time hereafter be found on the faid beaches, meadows or
Ihores, fouthward or weftward of the faid Tobef% land, extend-
ing,

Yarmouth meadows. "June it. An. 17^1. i^

!ng to Tarmoiith harbour, that is how ior that fhall be hereafter
thrown out to common or lying without fence, it fhall and may
be lawful for any perfon to impound the fame, immediately
giving notice to the owners, if known, otherwife to give public
notice thereof irt the faid town of Tarmouth, and th^ two next
adjoining towns ; and the impounder fhall relieve the faid crea-
tures with fuitable meat and water while impounded : And if
the ovmer thereof appear, he fiiall pay the fum of three Jbillings
to tlie impounder for each neat beaft and horfe kind ; and one
fnll'mg for each Iheep and fwine \ and the reafonable cofts of ^e" ^^ f ^ pai4
relieving them, befides the pound keeper's fees ; and if no ° und^r, &c. "
owner appear within the fpace of fix days to redeem the faid
cattle, or horfe kind, fheep or fwine fo impounded, and tO pay
the cofts and damage occafioned by impounding the fame ;
then, and in every fuch cafe the perfon or perfons impounding
fuch cattle or horfe kind, fbeep or fwine, fhall cauie the fame
to be Ibid at public vendue, to pay the cofts and charges arifing
about the fame : (public notice of the time and place of fuch fak ^^^ jjj ^^\(^^
to be given in the faid town of Tarmcuth forty-eight hours before
hand,) the overplus (if any there be) arilmg by fuch fale, to be
1-eturned to the owner of fuch cattle or horie kind, fheep or
fwine, at any time within twelve months next after, upon his
demanding the fame ; but if no owner appear v.dthin the faid
twelve months, then the faid overplus fhall enure the one half
to the ufe and benefit of the party impounding, and the other
half to the ufe and benefit of the poor of the laid town of Tar-
viouth.

Sect. 3. ^nd be it further enacted hy the authority nforefa'id.
That the faid town of Tarnlotithy at their meeting in March Town of Yar-
annuallv, for the choice of town officers, be, and hereby are "^°"t^ c"^*

i-,i 1 1 r r powered to

authorized and empowered to chooie one or more meet perlon choofe meet
or perfons whofe duty it fllall be to fee this Aft oblerved, and perfons to fee
to profecute the breakers thereof; and who fliall be fworn to "^^'^ ^"^ ^^^f
the faithful difcharge of their office : And in cafe any perfon ^ '^ ^'- •
fo chofen fhall refufe to be fworn, he fhall forfeit and pay for
the ufe of the poor of faid town of Tarniouth^ forty Jhillings :
And upon fuch refufal, faid town from time to time fhall pro-
ceed to a new choice of fuch oiHcer or officers.

Srct. 4. Provided iteverthel.fs^ and it is hereby dedtired, That Prbvifo,
this A£l fhall not be confl:rued fo as to reftrain any perfon or
perfons On the whaling or hlhing buiinefs from turning their
horfes or oxen on the piece of common near faid meadows, in
cafe they confine faid horfes or oxen to the faid common.

This Acl to continue and be in force until the firft day of Limitation,
July, in the year of our Lord one thoufand feven hundred and
eighty-nine.

[This Aa paired June 28, 1781.]

An
Vol. I. C

SOUTH-HADLEY and GR ANBY. June 28, An. 1 78 1.

Preamble.

Boundaries.

Perfons living
in fald town to
have their

choice.

Provifo.

No alteration
to be made id
the afleflTiiijr or
colletSling tax-
es laid oa ei-
ther of faid
tovTns.

An ACT for altering the Dividing Line between the

Towns of Soufh-Hadley and Granby,

WHEREAS many difficulties have arifen between the
towTLS of South-Hadlij and Granby^ by means of a very
crooked and unequal dividing line between the faid towns ; for
preventing whereof,

Sect, i . Be it enaBed by the Senate and Hotife of Reprefetita-
tiveSy in General Court ajfemhledy and by the authority of the fame^
That in future the dividing line between faid towns fliall be as
follows, viz. Beginning at a pine tree, now a boundary between
faid towns, ftandiug on Springfield line, about half a mile weft
of Stoney Brooky fo called -, thence running northwardly, a direct
courfe to the parting of the roads on the north fide of Batch-
dor's Brook, near the fand banks, fo called, one of fald roads
leading to AmherJ}^ and the other to Granby ; and from thence
to continue flraight forward the fame point of compafs to Hadley
bounds.

And whereas by the prefent running of the dividing line be-
tween faid towns, fome perfons or their eftates may not fall into
the town where it will be moft convenient and agreeable to
fuch jx^rfons :

Sect. 2. Be it further enaclcd, That each of the perfons liv-
ing in faid towns, fliall have their liberty and choice of belong-
ing to either of faid towns, as v/ill be moft agreeable to them,
together with their refpeftive eftates. Provided, The perfon fo
chooiizig to remove himfelf or his eftate from the town where
he inhabits, or where his eftate lays, to the other towns, fliall
make a return of his name or tlie eilate fo to be removed, into
the Secretary's office, on or before the firft day of January
next, therein particularly mentioning the quantity of his land,
witii the boundaries of fuch land, and the name of the town to
which he would have the fame annexed, which perfon, or his
eftate, fo defcribed, as aforefald, fhall, from and after the faid
firft day of January next, be confidered to all intents and pur-
pofcs as belonging to the town to which the fame is fubfcribed ;
fuch perfon or eftate being included within the limits of the
other town notwithftanding.

Sect. 3. And be it further enaFien, That nothing in this Aft
fhall extend to any alteration In the alTcffing or collefting any
rates or taxes that are now laid on either of laid towns, but that
the fame fhall be aflefTed and collefted in the fame manner as
they ought to have been before the making of this Aft.

[This Aft pafTed June 28, 1781.]

THOMAS EATON, &c. July 6, An. 1781. 19

An ACT for fetting off Thomas Eafon^ with his Eftate,
from the Firfl: Parifii in the Town of Rending, and
annexing him and his Eilate to the Third Parilh in

faid Town.

HEREAS when, the faid third parifh in Reading was Preamble,
fet oiS" from the firil parifh in faid town, the land and

tenements now belonginjr to Thomas Eaton were retained to
the faid firft pariih, notwithftanding the laid land and tene-
ments lie wholly within the third :

Be it therefore e^iacicd by the Senate and Houfe of RcpreJcntotiveSj
in General Court affembled^ and by the authority of the famCf That Thomas F.a-
the faid Thomas Eaton, together with all his lands and tene- ton's lands, &c.
ments lying within the line of the third pariih in Readings be, ^^^^'^ p^ ^^
and is hereby fet off from the firiT: parifh in Reading, and an- jjj .^i^^ ^oy^^ of
nexed to the third parifli in faid town ; any law or A^t to the Rciiding.
contrary notwithftanding.

[This Aa pafTed July 6, 1781.]

An ACT to fet off Thomas Morfe, and others, from the
Weft Parifh in the town of Bradford, in the County
of EJpx, and to annex them to the Eail Pariih in
faid Town.

WHEREAS for the greater convenience of attending the Preamble,
public worfliip of God, it is found necefTary to let off
Thomas Morfe, Phineas Carlton, Simeon Currier, William Parhr,
Lieut. Eliphalet Hardy, Daniel Htirdy, Benjamin Morfc, Ebenezer
Mullikenf and Francis Kimball, with the land they live on, with
all the land betAveen Capt. Eliphalet Hardy s well: line, and the
eafl line of the farm called Woodman'' s farm, about fix hundred
and feventy acres, to be annexed to the eaft parifli in Brndfard^
excepting Jofeph Kimball, Nathaniel Kimball, Tbieut. Daniel Kim-
ball's land, and the land that belongs to the heirs of Deacon
Thomas Kimball, deceafed :

Sect, i . Be it enacted by the Senate and Houfe of Reprfenta-
tives, in General Court ajjembled, and by the authority of the fame.
That the aboveiaid Thomas Morfe, Phinens Carlton, ^imeo7i Cur- Thoma? Morfe
rier, William Parker, Lieut. Eiiphalct Hardy, Daniel Hardy, Ben- ^^■^'jJ'-^J^^^*^'
jamin Morfe, Ebenezer Mulliken, and Fravicis Kimball^ with their \^^ jands' an-
families and land that lies between the weft line of land belong- nexcd to tl «
ing to Capt. Eliphalet Hardy's, and the eaft line of the farm ^^^ P^""'^ •«
called Woodman's farm, except what land belongs to Jfeph ^n^ m^^
Kimball, Nathaniel Kirnhall, Lieut. Daniel Kimhali, and land be-
longing to the heirs of Deacon Thomas Kimball, deceafed, be,
and they hereby are fet off from- the weft pariih in Braafordy
and annexed to the eaft parifli in Bradford, and fhail forever
after be confidered as belonging thereunto.

Sect.

ap SALEM TABERNACLE. Odober 27, An. 1781.

Pro.vifo. Sect. 2. Prov'ided nevcrthekfs. That the feveral perfons

above-named, ihall pay their proportionable parts of all the
taxes which are already afleffed or levied on the weft parilh, in
iike manner as though this A<St had not been made.
[This Aa paired July 6, 1781.]

Aaditional
A(^, June,
1J94.

An ACT for incorporating the Proprietors of the Houfe
'"*' ^re<^ed for the Public Worfhip of God, called the
Tabernacle, in Salem, where the Reverend Nathaniel
Whitakcr now oiRciates.

Preamble.

"HEREAS the meeting-houfe in Saleniy in which the
Reverend Meffieurs Levet^ Hunt'wgton and Whitakcr
fucceffively officiated, was confumed by fire, on the fixth of
QBober^ one thoufand feven hundred and feventy-four, and the
incorporation of the proprietors of faid houfe thereby diflblved ;
and as Allies IVardy Thomas Mafon^ and others, named in a
petition to this General Court, have eredled another houfe for
public worfhip, as fet forth in faid petition, and pray to be in*
corporated. And whereas the deed of the land on which faid
houfe ftands, was given to a Committee in truft, for certain
fubfcribers while they were unincorporated : Therefore,

Sect, i . Be it enaBed ay the Senate atid Houfe of Reprepnta--

tivesy in General Court affembledy and by the authority of the famcy

Procrletors of That Miles Wardy Thomas Mafony and all others who are, or

the meeting- ^|^q fhall hereafter become proprietors of the meeting-houfe

the Rev. Dr. ^"^ 1^^<^ where the Reverend Doftor Nathaniel Whitaker now

Nath. Whita- officiates, fhall be a body corporate : And the deed given by

ker officiates, the faid Nathaniel Whitaker to Captain Thomas Ma fan and oth-

Vicorpoia l . ^^^^ -^^ truft, for faid proprietors, and all votes and tranfaftions

of faid proprietors, from and after the fourteenth day of Jun'^y

one thoufand feven hundred and feventy-eight, fliali be, to all

intents and purpofes, valid, as though faid proprietors had then

The proprit", been incorporated. And the faid proprietors, or the major

tors authorized p-jj-f of them, in concurrence with the church ineeting in faid

bufirwfs^of the ^^°^f^» '^^"^ hereby aiithorized to do and tranfadt. ail matters

propriety
greeable
law.

Proprietor

a- relative to the ordering and diredling faid propriety, agreeable
to to the laws and conftitution of this Commonwealth ; and all
tranfa£lions fliall be legal and valid to all intents and purpofes.
Sect. 2. And be it further enaBcd by the authority afcrefaidy
to That faid piroprietors flaall have a meeting fome time in the
choole a Clerk, ^^lonth of May annually, and fliall choofe a Clerk, a Treafurer,
and a Committee to tranfadt the affairs of the propriety, and fuch
other officers as they may judge neceflary ; any or all of whom.
To be removed ftiall be liable to removal for mal-conducl, and others ftiall be
for mal-con- chofen in their room ; which meeting ihall be notified, for the
7? . firft time, by {^\^r\ or more of the petitioners for this Aft, and

ing is to be ever after, by the diredion of the Committee that fhall l?e
notified. chofen

CHARLESTOWN STREETS. Ocl 30, An. 1781. 2i

chofen as aforeraidj by pofting up advertiienients at the doors

qf faid meeting-houfe, at leall fourteen days previous to the

holding fliid meeting : And the Committee io chofen, il\al! be CommUtec au-

authori/.ed and required, and are hereby authorized aud ^-e- '^^""'^"^ ^" ':"*

i. ^ , . cp.j ,<i nicetiiig

quired to call a meeting or laid proprietors as atoreiaid, at tne vvhen the in-
times aforefaid, and at all other times when the interefl of the td eft of th^
propriety fhall make it neceilary, or when feven or more of the propicty fhaU
proprietors flaall requeft it, and fliall tranfaft all fuch other j-^,!,,'
bufinefs of the propriety as lliall be herein after mentioned :
And laid proprietors Ihail have right to adjourn their meeting Pr^priftors
from time to time, as they Ihali judge needful, to effect their aajonrn " th.^ir
buiinefs j and faid proprietors, or the major part of them, meet- nueting, and
ing on due notice as aforefaid, fhall have right to vote any fum to vote any
or fums of money, for finilhin? or rei^airine their meeting- i"'''* " .'"°"-y

I- r 1 1 ■ n ii 1 T' r i tor repairs and

houie, or lor inch other pui*poles as Ihali be ncceliary tor the other purpofcs.
good of the propriety ; and fuch fums fo voted, Ihall be affeited ^-^ y^ airelTed
by the Conimittee to be chofen as aforefaid, upon the proprie- upon the pews.
tors of pews or feats in faid meeting-houfe, agreeable to a val-
uation which fliall be made by the faid Committee within feven
days after the meeting in May^ annually ; and fuch fums fo Sum fo afioGed
aflefTed, the proprietors of pews or feats fhall pay to the pro- '° whom paid,
prietori' Treafurer one quarter part of the fum alTeiled for the
year immediately after it is affeffed, and another quarter of the
fum at the beginning of the fourth inonth after the affeffment,
and fo on, continually paying one quarter advance ; ajid in cafe In cafe —
of failure of {o paying, the Committee fhall have right to let
out the pews or feats of fuch delinquent proprietor to other
perfons j and if fuch delinquent proprietor fhall fo neglect to
pay for one whole year, the faid pews or feats fhall be forfeited,
and revert to the propriety 3 and the Committee aforefaid fliall
have as full power to let out or fell laid pews or feats, and to
give a deed or deeds of the fame as though tlie former deed or
deeds had never been given. Provided alivays^ Tliat ihe faid Provifo.
Committee fhall give notice of their delign to fell fuch forfeited
pews or feats to the faid delinquent or delinquents, if living
within the town, one month before the fale or difpof al thereof ;
and if the faid delinquent, upon fuch notice, fliall appear and
pay the afTefTment due before the month is expired, faid pew
or feat fliall be reftored and ftand as though no fiich forfeiture
had been incurred.

[This Ac^ pafTed Oaober 27, 178 1.]

An ACT for widening and amending the Streets, Lanes
and Squares, in that Part of the Town of Charlcf-
town, which was lately laid wafle by Fire.

WHEREAS great defolation and dcftruc1:ion was fo-re rroaml-.',?.
time iiuce made by the Brit'Jh troops in Charkjionvny
wantonly deftroying the fame by iire. And whereas a Com-

iiiittce

j2 CHaRLESTOWN streets. Oa, ^o. An. 17S1.

mittee was appointed by the town aforefaid, for regulating the
ftreets, lanes and fquares in that part of the town which was {<y
laid wafte, and the Committee hath accordingly proceeded to
lay out the fame ; a plan whereof hath been laid before this
Court, and is now depofited in the Secretary's office :
Confirming Sect. I . Be it therefore enacted by the Senate and Houfe ofRep-

the proceed- ygjentatlvesy in General Court ajfemhledy and by the authority of the
Committee famcy That the faid proceedings of the Committee be, and are
appointed by hereby confirmed ; and all actions that fhall be brought for re-
the town of covering poiTeffion of any land lying within any of the ftreets,
Clwrki^own, ^ '^^®^' ^"^F^res, &c. laid out as aforefaid, or for damages fuftain-
ail anion's ed or occaiioned thereby, fhall be utterly and forever barred,
brought. Sect. 2. And be it further enacted by the attthority aforefaid^

No buildings to That no building whatfbever be fo ere£ted as to encroach upon
be erected up- ^ny ftrect, lane or fquare, by them laid out as aforefaid ; and
& kid our'' ^^^ every building fo eredted, be deemed a nuifance, and be
T b d-emed accordingly taken down or removed by the order of any two
a nuilance. Juftices for the cQunty oi Middlefex^ or the Seledbnen of Charlef-
How the town, the charge of fuch removal to be paid out of the monies
charge to be which fliall be raifed by the fale of the materials of fuch build-
paid for an)' j^^^^ which by the order of laid Juftices or Seledlmen, Ihall be
tuildings. ^'^^^ ^^^ that purpofe, unlefs the faid charges fhall be immedi*
Unlcfs— ately paid by the o-wner.

Sect. 3. And be it further enaBed by the authority ajorefaidy

Penalty for re- That if any perfon or perfons whatfoever, fhall wittingly or

moving bound willingly, without good authority, pluck up or remove any of

marks upon ^^ {takes or bound-marks which have been or fhall be fixed or

fet up by faid Committee, to difi:inguifh and afcertain the ftreets

aforefaid, and fhall be thereof convidled before any Juftice of

the Peace for the county of Middlefex, each and every perfon

fo offending, fhall forfeit and pay the fum oi forty fnlUngs, for

the ufe of the faid to\Am, or on failure thereof, fhall fufFer im-'

prifonment for the fpace of two months.

And whereas fome perfons may fufFer damage by laying out
the ftreets, &c. according to the plan aforefaid, and others may
receive benefit and advantage thereby :

Sect. 4. Be it further enaBed by the authority aforefaid, Tliat
By whom the the value of all lands and buildings, and other materials taken
value of all fj-Qm any perfon by virtue of this A<£1, fhall be determined by
dln^ s ^ftiali"be ^^^^^ perfons mutually chofen for that purpofe, one of which
determined, fhall be appointed by the Sele£lmen, or a Committee chofe for
that purpofe, which perfon, fo appointed by the Selectmen or
Committee, fhall not be an inhabitant of the town, and the
other by the party interefted in the land, which two fliall choofe
a third, and the judgment of the three perfons, or any two of
them fo chofen, fhall be final in the cafe, and the town held
and obliged to pay to the perfon interefted in the land, build-
ings, or materials aforefaid, the fum at which it may be ap-
praifed as aforefaid.

Sect.

CHARLESTOWN STREETS. Oa. 30, An. 1781. 23

Sect. 5. And be it further eriaEled by the authovit-^ aforefaldi
That in any cafe where the whole of any perfon's land may not In any cafit.
be taken away by the plan aforefaid, the appraifers aforemen-
tioned, in eftimating the fum faid perfon Ihall receive, fliall
confider the advantage his remaining land receives, as v/ell as
the value of land taken from him by the plan aforefaid, and
from a confideration of all circumftances, determine the fum of
money fuch perfon fhall receive as aforefaid.

And whereas fome'-eftates may be advantaged and rendered
more valuable by the execution of the plan aforefaid :

Sect. 6. Be it therefore enaEled by the authority aforefaid. That
the Seledbnen, or a Committee appointed by the town for that Seledlmcn em-
purpofe, fhall have power to call upon all perfons whofe eilates Powered to ca.l

f- 1 • • • \ 1. r J 1 1 • r 1 1 "PO" perfons

(m their opmion) are benefated by the execution or the plan v^hofe eflates
aforefaid, to join in the appointment of appraifers in the man- are benefited to
ner before provided in this Aft, for eftimating damages as J°'P '" ^'^t^ ^P-
aforefaid j which Appraifers fhall have full power and author- '^'"'"■r"'^.
ity to determine the fum that the owner of any eftate fo bene-
fited ought to pay j which eftate fhall be fubjefted to make
good the fum fo awarded by the Appraifers aforefaid.

And whereas the houfe lots of Richard Devens, Efq. and
Meflieurs Ebenezer Breed and Jonathan Penny^ are taken away
by the plan aforefaid :

Sect. 7. Be it further en a fled by the authority aforefaidy That
the Seledbmen of the town aforefaid, or a Committee appointed Selecftmen o-
by the town for that purpofe, fhall be held and obliged to pro- ^^'R^d to pro-
cure good and fufKcient houfe lots for faid Richard Devens^ '^^^l^ Richard
JEbenezer Breed and Jonathan Penny^ Vi^hich in the opinion of Devens, Eben.
Appraifers to be chofen as is before provided by this Aft, fhall Breed and Jon^
be equal in value and convenience to thofe taken away as afore- ^'^^^" Pe-nny.
faid. And when faid houfe lots are procured for the perfons
aforefaid, then their lots and buildings fliall be under the fame
rules and regulations as to moving the buildings thereon, as is
before provided by this Aft for removing and preventing in-
cumbrance and nuifances.

And whereas fome perfons in order to defeat the good pur-
pofes defigned by this Aft, may refufe or negleft to join in the
appointment of Appraifers, as is before herein provided :

Sect. 8. Be it enacted by the authority aforefaid^ That if any Perfons refuf-
perfon or perfons fliall after being duly notified thereof by the '"^ *" J*^'" '"
Seleftmen of the town, (or a Committee appointed for that nicnt cif'^ Tpl
purpofe) refufe or negleft to join in the appointment of Ap-praifers, the
praifers as aforefaid, then it fliail and may be lawful for the Seledimen to
Seleftmen or Committee aforefaid^ to apply to any two Juflices juft ices^ m *th-
of the Peace in the town of Bcftor., which two Juftices fliall town ^of'^Bof-
iijjon fuch application notify the party fo refufing or neglefting, ton, to appoint
and after fuch notice duly given, the faid tvro Juftices fliall ^'"'^^ free hr id-
have full power and authority to appoint any three freeholders „"„£ ^j^g ^'h:
of the town of Bojlctty who fliall have the fame power and au- of the land.

thority

ij4 MKDICAL SOCIETY. November i. An. lySr*

thority in valuing any piece of land •, and ail perfons (Kail b«
as fully bound thereby, as though the parties had joined in the
appointment.

And whereas the inhabitants of the town of Charle/Iown, are
by reafon of their lofTes in tliis prefent \\^ar, fo reduced in their
circumilances aS to be rendered unable, without the affiftance
and encouragement of the public, to carry faid plan into exe-
cution :

Sect. 9. Be it further ennBed by the authority aforefaid., That
To \Yhom half from and after the paffing this Aft, there fiiall be allowed and
the taxes raif-'d •^■^■y^ out of the public treafurv of this Commonwealth, to the
are [o be'°Iid Honorable NatLiniel Gorham, Efq. Thomas Riijell, Efq. and Mr.
for a certain David Woody jun. or the furvivor of them, one half of all the
time. taxes paid by the town of Charlefioivn, for the fpace of feven

years, to be applied to the purpofes before mentioned.

iSiiCT. 10. Jlid he it further etiaEledt That the T'reafurer of
Trt^cTiircr di- this Commonwealth be and hereby is directed to pay into the
redted to pr.y ^^y^^^ yf j-j-jg f"vid Nathaniel Gorham, Thomas RuJJell^ and David
the *^purpotcs ^^"^"'''i'' j"^' o^ ^^^ furvivor of them, one half of all the taxes
mentioned. laid upon faid town, for the purpofes aforefaid.

[This A61: pafied Ocloher 30, 1781.]

Addition^ An ACT to incorporate certain Pliyficians, by the
^ft^^tu^w Name of The Mafacbufetts Medical Society.

8, iSo.-}. A g }^e^i|-]^ is eflentially necefTary to the happinefs of fociety*.

Preamble. ^"\^ and as its prefervatlon or recovery are clofely connected
with the knowledge of the animal economy, and of the proper-
ties and effecls of medicines \ and as the benefit of medical
inftitutions, formed on liberal principles, and encouraged by
the patronage of the law, are univerfaliy acknowledged :

Sect, i . Be it therefore enaEfed by the Senate ajid Houfe of Rep-
rcfentativcSy in General Court ajfembled^ and by the authority of the
Members cffn/e^ That Nathaniel TFaihr Jj^p/e/on, IViUiam Baylies^ Benjamin
the Maffichu Curtlsy Samuel Dai forth, Aaron Dexter, Shirley Erving, John
SocLt ^ntor- ^''"'*' J^f'^^ Gardner, Samuel Holten, Ed'ward Augiflus Holyohc,
poratcd* *"^°^' Ebenezer Hmit, Charles Jarvis, Thomas Kafl, Giles Croueh Kel leggy
J^jhn Linn, Jamrs Lloyd, Jofeph Ortre, James Pecher, Oliver Pref-
cott, Charles Pyneheon, Ifaac Rand, fen. Ifnac Rand, Mieaijah
Sawyer, John Sprague, fen. Charles Stoehbridge, John Bernard
Swett, Cotton Tufts, John Warren, Thomas Wel/lj, Jofeph Whip-
ple, William. Whiting, be, and they hereby are formed into,
conftituted, and made a body politic and corporate, by the
name of The Majfachujetts Medical Society ; and that they and
their fuccciTors, and fuch other perfons as Ihall be elefted in
the nianner hereafter mentioned, fhall be, and continue a body
politic and corporate, by the fame name forever.

Sect.

MEDICAL SOCIETY, No-vm'ber i. An, lyS't, 25

Sect. 2. Jml he it enaBi'd by the authority aforffaid, That the f'^l^^'^;';' "^ ''"'^
fellows of faid fociety may from time to time eleft a Prcfident, ereirioTCl
Vice-Prefident and Secretary, with other officers, as they ihall their ..fficcis to
judge necefTary and com-^nirjiit ■, and they, tl^e fellows of faid i-cgulaicLl.eaf-
fociety, fliall liave full power and authority, from time to time, ^J^J* "^ ^^"-^ ^'"
to determine and eilablifh the names, number and duty of '^"' ^'
their feveral ofEcers, and the tenure or eftate they fhall re-
ipeclively have in their offices, and alfo to authorize and em-
power their Prelident, or iome other officer, to adminifter fuch
oaths to fuch office^s, as they, the fellows of laid fociety, fhall
appoint and determine, for the well-ordering and good govern-
ment of faid fociety, provided the fame be not repugnaht to the
laws of this Commonwealth i-

Sect. 3. Aud be it enaaed by the authority afore/aid, That the ^o 'lave one
fellows of faid fociety lliall have one common feal, and power ^""^"'°n ^e-il.
to break, change and renew the fame at their pleafure.

Sect. 4. And be it enncled by the authority aforefaidy That Subjcd to fue
'they, the fellows of faid fociety, may fue and be fued in all ""^ ^'^ ^^^^'
adlions real, perfonal, or mixed, and profecute and defend the
fame unto final judgment and execution, By the namfe of th&
M.ajfachufetts Medical 'Society.

Sect. c;. And be it enaBedby the authority aforefnidy That the "Perfons to tie
JFellows of faid fociety may, from time to time, eleft fuch per- f^J^^^^ ^ ^ ^
ibns to be feUows thereof, as they fhall judge proper ; and that
they, the fellows of faid fociety, fhall' have powisr to fufpend,
iexpel, or disfranchife any fellows of faid fociety.

Sect. 6. A?id be it enacted by the authority af ore/aid, That the J^'„l^°'''J^°/ ^^"^
Fellows of faid fociety, fliall have full power and authority to e^ed'^to^make
make and enacl fuch rules and by-laws for the better govern- jaws as are not
ment of faid fociety, as are not repugnant to the laws of this repugnant to
Commonwealth ; and to annex reafonable lines and penalties to ^j^f ^''^^^ °^
the breach of th«m, not exceeding the lum ot t^.vcnty pounds ^ to wealth.
be fued for and recovered by faid fociety, and to their own ufe,
in any Court of Record within this Commonwealth proper to
try the fame ; and alfo to eflablifh thfe time and manner of con-
vening the fellows of faid fociety ; and alfo to determine the
number of felloWs that fliall be prefent to conftltute a meeting
of faid fociety ; and alfo, that the number of faid fociety, who
are inhabitants of this Commonwealth, fnall not at any one time
be more than feventy, nor lefs than ten j and that their meet- ,
ings fliall be held in the tov^-n of Bojhn^ or fuch other place Where t
within this Commonwealth, as a majority of the mxembers pref- ['^''^g ^dd.
ent in a legal meeting, fliall judge raofl fit and convenient.

And whereas it is clearly of imiportance, that a juft difcrim.i-
hation fhould be made between fuch as are duly educated and
properly qualified for the duties of their profeffion, and thofe
who may ignorantly and wickedly adminifter medicine, where-
by the health and lives of many valuable individuals are endan-
gered, or perhaps loft to the community :

Vol. I. D Sect;

theif
ars

26 MEDICAL SOCIETY. November i, An. 1751.

Sect. 7. Be it therefore evaEfed by the authority aforcfaid. That
PreCdctit and the Freiident and fellows of faid fociety, or other fuch of their
fellows cm- Qf^^cj^j-g qj- fellows as they ihall appomt, fliall have full power
examine all ^"^ authority to examine all candidates tor the practice of'
candidates for phylic and furgery {who fliall offer themfelves for examination
the pridicc of refpedting their {kill in their profeffion,) and if, upon fuch ex-
^ ^ '^' '^' ainination, the faid candidates fliall be found fl-^illed in their
profeilion, and fitted for the practice of it, they Ihall receive the
approbation of the fociety in letters teflimonial of fuch exami-
nation, under the feal of the faid fociety, figned by the Prefi-
dent, or fuch other perfon or perfons as Ihali be appointed for
that purpofe.

Sect. 8. And be it further enaEled by the authority aforefaidy
In cafe of re- That if the faid Prefident, and fuch other perfon or }>erfous fo
fufal — elected and appointed for the purpofe of examining candidates

as aforefaid, ihali cbitinately reful'e to examine any candidate
io offering himfelf for examination as aforefaid, each and every
fuch perfon fo clefted and appointed as aforel'aid, {hall be i\ib-
Pcnalty. ject to a fine o1 one hundred pounds ^ to be recovered by the laid

candidate, and to his own ufe, in any Court within this Com-
monwealth proper to try the fame.

Sec'I". 9. And be it further enacted by the authority aforefaiJy
Fello'.vs of faid That the fellows of faid fociety may and fhall forever be
fociety deemed deemed capable iu law of having, holding and taking in fee
capai e m aj j^j-j-^p^^ q., j^:-^^ [gf. eftate bv y;ift, grant or devife, or otherwife,

orhavin^,no!d- r > . > o ' o ,- , • i i

ing and t;ikin<r any land, tenement, or other eltate real or perional ; provided

in the fee lim- that the annual income of the whole real eftate that may be

P^^- given, grauLei or devifed to, or purchafed by the faid ibciety,

{halt not exceed the furn of ttvo hundred poundsy and the annual

income or intereft of faid perfonal eftate, {liall not exceed the

fuai of //.v hundred pounds ; all tJ^.e funis mentioned in this Act

to be valued in filver at fix Jhillin^'j and ei^-ht pence per ounce :

Aud the annual income or intereft of the {aid real and perfonal

eftate, together with the lines and penalties paid to laid iociety,

or recovered by ttiem, iliali be appropriated to fuch purpofes as

are confiftent with the end and deiign of the inliitution of iaid

fociety, and as tiie fellows thereof i]»all determine.

Edward An- Skct. i o. And be it further enrffed^ That the firft meeting

guftus Holy- of [\^Q f^^J niedicai fociety Ihall be held in fome convenient place

^hllhlTto Ti\\ ^^ '^'^^ ^^'^'''^ ^^ BJlon ; and that Ediuard AuguJIus Holyokey Elq.

the firll meet- be, and be hereby is authorized and directed to fix the time

ing. for holding the faid meeting, and to notify the fame to the

fellows of faid medical fociety.

ffhls Kit paflied Nuvcmher i, 178 1.]

BRIDGETOWN, kc. ROAD. May y. An. 1782, a7

An ACT empowering the Court of General Seflions of
the Peace, in the County of Cumberland^ to lay out a
County Road through the Plantations of Brid^ctoiijj,
■ Raymondtoiun^ and Otisfidd.

WHEREAS there is no lawmaking provlfion for opening Preamble
and maintaining roads in plantations :
Be it therefore enacted by the Senate and Houfe of ReprefentativeSy
in General Court ajjeinbled, and by the authority of the famc^ That
the Court of General Seflions of the Peace In the county of Court of Gen-
Cumberland, be, and they hereby are authorized and empowered ^^"j ijcilions of
to caufe to be laid out a county road through the plantations of jj,^ county of
Bridgetown^ Raymondtoivny znd. Otisfeld ; and that the coft of Cumberland
afcertaining the place and courfe of laid road tliall be borne by empowered to
the faid county, and that the coft of opening and repairing faid /^^ '^" f *^tlir''
road through each of faid plantations lliall be afTefTed in due pro- certain plaiua-
portion on the lands in each' of laid plantations where the coit of tions.
opening and repairing faid road ihall arife, and ihall be afieifed
and collected and paid into the feveral trealuries in each plan-
tation in the fame way and manner as other aireiTments and In what man-
colleclions are made and collefted, for the purpofe of defraying "'^'" ^'^"^ aiTeff-
the charges aforefaid, always, until the faid plantations Ihall be "^^ ^xiAc for
incorporated into towns. And fiid plantations fhall be liable defraying the
to be prefented by the grand jury of the county of Cumberland^ charges.
for not mending and repairing faid road, as they would be if
they were incorporated into tovvnfliips.

[This Aa paired May 7, 1782.]

An ACT for dividing the Town of Wiibrabam into two
feparate Parities.

'V'TTHEREAS for the greater convenience of attending the Preambls-

'yyj public worfiiip of GOD, it is found neceuvuy to divide
the town of JViibrahani into two feparate panfhes :■

Sect. I. Be it enabled by the Senate and Houfe cf R.'prefnia'-
tives, in General Court aflinblcd, and by the authrri*y of the fame.
That the faid town of Wilbrahani be, and the j'anie is hereby Town of WIl-
divided into two feparate parifhes, by tlie names of the Nor:b braham divid

Pariflj, and the South Fan/Jj, by a line coincidiiisr with the fcuth ""^ .,i"'° *'''•
line of the lot whereon Nathaniel BUfs, deceiied^ lately lived; Bouuda

irilhes.

from the well: bounds of faid town ro Motifon hue j and that the
pariliies abovementioned^ and e.-ch of them be, and herebv are
feverally inverted with all t'le powers, rights and privilei^^es
which pariilaes in this Commonwealth are by law inveiled
with.

Sect. 2. And be it further enacled by the aulhority afrrefaidf LunclsannsTed
That Mr. Thomas Merrick^ with his lanJs and eftate be, aiici he '^" ^'"'^ ^\oTib.
hereby is annexed to the north parilh above mentioned, and ^.^^ *"" ^'^''"
David Woody Jcjfe Carpenter ^ and Jonah Bubee, with their lands

3-5 WEST^SPRINGFiELD. June 27, An. i^%%,

and other eflate be, and they hereby are annexed to the foutbj

parilh in the faid town \ any thing in this A61 to the contrary

notwithftanding.

E-ich parlfh to Sect. 3. And he it further cnaBed, That each of the pari{he<4

>i"^'.'f \ ^T^\ ^foi'efaid fliall have and enjoy in equal fliares the lands here-

heretofore fe- to^o^e fequeftered, devifed, or given for the ufe or fupport of

qucileicd. the miniftry and the monies or fecurities for money that may

be in the treafury, and as well the proceeds of the fale of lands,

as any other monies or fecurities for money that have been

given to the inhabitants of the faid town for the fupport of the,

gofpel.

■^?^^'!.^h" ^^ ^ Sect. 4. And be it further enaBed^ That the inhabitants of

ilh^tcTiniprove *^^ "'^'"^^^ P^^^^ ^^'^'''^^'^^'■^' ^''^^^ ^^ ^ right to improve the.

the meeting- mecting-houfe now ftahcling in the fame parifli, for the pur-

houfe. pofes of public worlhip, fo long as they lh,all think proper fo ta,

improve it.

John Blifs.Efq. Sect. 5. And he it further enacied^ That John Blifs, Efq. be,

to call a meet- and hereby is empowered to iiTue his warrants to fomie princi-

ing 01 1 ic par- ^^^ inhabitant of each of the fjiid parifhes, requiring them to

warn the inhabitants of the pariflies to which they refpedtively

belong, to meet at fuch time and place in each of the laid par*

ilhes as by fuch warrants fliall be duly fpecifisd, and thea

choofe fuch ofiicers as may be neceflary to m.anage the affairs

of the fii(.l parilhes. And the inhabitants qualified by law tcs

vote, being fo alfembled, fhall be, and hereby are em-powered

to choofe fuch officers in their refpe(5tive parifhes accordingly.

[This A.a pafled Jt{?ie 20, 1782.]

An ACT for incorporating certain interval Lands be-
lonoing to certain Inhabitants of Springfield, and
WeJi'Spring field, lying on the Weft Side of Conncdi-
cut River, and on both Sides Agavjam River, into a

common Field.

Frcamtk. "^"W THERE AS Mr. Thomas W'dl'fon, reprefentativ? for the.
VV town of Springfield, hath petitioned this Court for.
himfelf, and in behalf of the perfons hereafter named, viz,
Capt. Samuel Burt, Capt. Thomas Stehhins, Jonathan Dwighty
John Burt, John A^dey, Gad Blfs, Daniel Blfs, Jofeph Lum-
hard, Nathan Blfs, Jacob Cooky, Zcnas Blfs, Mofes Blifs, Efq.
Thomas Div'ight., Samuel Palmer, J(jhn U'^orthington, Efcp Thomas
Bates, Capt. Jofeph Ferry, Widow Mary Ferry, John Ferry^
Solomon Ferry, Jofeph Clough, Chauncey Breiuer, Efq. Jofiah
Hitchcork, Samuel Leonard, Elijah Day, David Mafon^ Benjamin
Day, Efq. Benjamin Leonard, jun. Enoch Cooper, Daniel Harrisy
Ahner Leonard, Mofes Leonard, Reuben Leonard, Benjamin Leon--:
ard, Stephen Bodurtha, David White, Samuel Phelps, John Lanck-
ton, Jonathan Allen^ Hezekiah Warriner, James Phillips, Solomon

Millcry

WEST-SPRINGFIELB. Ma^ 27, An. 1782. 29

Miller, Capt. Ahcl Cooky, Jtijl'm Ely, Efq. Jofeph Stebbim, Jofeph
Merrick, Rev. Robert Breck, Eleanor Coleman, Capt. Israel Char
p'lfi, Capt. Timothy Blifs, Aiidrenv Coltcn, Gerald Warner, John
Warner, jun. Samuel Blifs, Aaron Warriner, Capt. George Pynch^
eon, Jedediah Blifs, and Horace White, reprefenting that by rea-
fon of the annual- floods in the aforefaid rivers, the faid lands
have alwavs hitherto been fenced and improved in a common
field, and that the mofl of them cannot be fenced in feveralty ;
and that by the dilTolution of the ancient fi^ld in which they
were formerly included, the proprietors are deprived of the
benefit and aid of the laws refpedling the incloling and due
regulation of general fields, for want of a legal eftablifhment,
by means whereof tlie profits of their improvements of thoie
lands are greatly diminifhed, and praying that the faid lands
may be erected into one common and general field, as they are
included within the following lines, viz. Beginning at the weil
fide of ConneBicut River, at the foutheaft corner of the lot,
lately, the home-lot of John Miller, deceafed, and extending
wefterly in the fouth line of faid lot to the weft end thereof, to
the town way there •, thence turning northerly, between i'aid
lot and faid v/ay, a few rods to the county road from the ferry
to the bridge •, thence running on the fouth fide faid county
road, or highway, towards faid bridge, to the northeaft corner
pf Samuel Leonard's pafture, near the f;iid bridge ; thence turn-
ing and running foutherly in the eaft line of faid pafture to the
foutheaft corner thereof j thence on the higheit grounds a few
rods to the ftde of Agatvam River ; thence continuing on the
bank of faid river and down the fame, to a place diredlly oppo-
flte to the eaft fence of Mofes Leonard's pafture, under the hiil
in Agaivam meadow ; and thence acrofs faid Agatvam River to
faid Mofes' s fence aforefaid ; and fo continuing foutherly, coin-
ciding with the fame fence, and with the fence of the eaft f de
pf the next pafture, foutherly of faid Mofes' s aforefaid ; and
fo on in the fame courfe to James Philips's land, and in the
fence of faid James Phillips until it comes to the brow of the
hill in his land, and continuing on the brow of the hill to his
manfion-houfe, late Rice's, now in occupation of his fon Thom-
fon Phillips ; and thence in the fame line that the fence of the
old field runs, to the mouth of Agaivam Pviver ; and from
thence by the weft ftde of ConneBicut River to the firfl bound :
Wherefore,

Sect. i. Be it enaBed by the Senate and Houf cf P^fprefnia-
tives, in Ge7ural Court affembled, and by the authryrity cf the jamc.
That the lands aforefaid, being all the lands included within the Certain land

lines aforefaid, be, and hereby are incorporated into one com- *^" \"^ ^^ *

'' J . ^ . Ink of Coimtc-

mon and general held ; and the proprietors and owners of the ticut Ri-^cr in-

faid lands are hereby invcfted with ail the powers and privileges coijxirated in-

that the proprietors of lands in general fields by law are in- "' -^ common

vefted withal. ^"^'^•

Sect.

30 CUNNINGHAM and PRESC(3TT. June 27, An. 1 78 1.

Piovifb. Pnvided neverthelefs, and whereas feveral perfons, proprietors

of lands within the limits aforefaid, viz. Deacon Jonathan Wkite,
Timothy Dn-jy Ebenezer Day, Caleb Parfons, Caleb Blifs, Aaron Day,
Dr. John Vanhorn, Samuel Ely, Jonathan Smith, and Benjamin
Stehbins, jun. have not joined in the appHcation made for the
incorporation thereof, but have dechned their confent thereto :
Therefore,
Declining' pro- Sfxt. 2. Be it enaBed, That none of the beforementioned
prietors not to proprietors who have decHned their confent as aforefaid, fliall
^. ^"^li^'^ ^° be obliged, as members of the faid corporation or propriety, to
contribute to the general fence, or be fubje6led to the votes of
the other proprietors in regard to his or their lands they now
own there, whenever and fo long as he or they fliall inclofe and
improve the fame in fe\'eralty, or fball not improve and enjoy
the flxme under the prote£lion and fecurity of the fame common
fence with the reft of the proprietors in general ; any thing in
the foregoing paragraph to the contrary notwithfiianding.
Proprietors Sect. 3. And be it further eno.Eled, That each and every of

may inclofe ^]-jg petitioning proprietors aforefaid, may be at full liberty at
any of 'their ^"^ "^"^^^ "^ times hereafter, to inclofe and improve by them-
lands. felves, any of their lands lying within the limits aforefaid, as if

fuch A<fl of incorporation had not been made ; they maintain-
ing their refpedlive proportions of the general fence around the
fame.

[This Aa pafled June 27, 1 782.}

An ACT for naturalizing Michael Cunningham and
John Prefcott.

Preamble. 'T'T THERE AS Michae/ Cunningham ^nd John Prefcott, late
^^ of the town oi Halifax, in Nova-Seofia, have produced
fubirantial evidence that they have, during the prefent war,
particularly exerted themfelves for the relief of American prif^
oners who have been carried into faid Halifax ; and that they
have, in many inflances, oppofed the Brififj tvrany, and efpoufed
the caufe o^ America, and have now fled to this country to pay
obedience to and receive protection from its laws. And where-
as it is juil to reward fuch perlbns who have thus voluntarily
taken a part in our defence, and expedient to encourage fuch
well-difpcfed foreigners to join themfelves to us :

Sect. I. Be it enacted by the Srnnte and Houfe of Reprefenta-
tives, in General Court oftmhled-^ and by the authority of the famCy
Michael Ctin- That upon taking and fubfcribing the oaths, of allegiance, ab-
ningliain and juration, and other oaths required by the laws of this Common-
Jolin Prefcott wealth, by the faid Michael Cunningham and John Prefcott
relpedlively, they, the faid Michael Cunningham and John Pref-
cott, Ihall, from the tiine of taking and fubfcribing faid oaths
before any two Juftices of the Peace of this Commonwealth,

SANFORD. . July i. An. 1782. 31

be deemed, adjudged and taken to be natural fubjefts of this
Commonwealth, to all intents, conflrudtions and purpofes, as
if they, the faid Michael Cxmningham and John Prefcott had been
refp&iStively born within tliis Commonwealth, and had contin-
ued and dwelt therein from the time of their refpective births,
and been here abiding on the fourth day of Jiih^ in the year
of our Lord feventeen hundred and fevent}'-iix, and had each
of them at that time and ever iince, taken a part with and been
aiding the inhabitants of this Commonwealth in defence of
their liberties.

Sect. 2. And le it further enacted by the authority aforefaidy
That if the faid Michael Ciwningham and John Prefcott^ fhall Their oaths to
take and fubfcribe the oaths nforefaid, in manner afcrefaid ; ^^/''s"^^';'^ ^^
the perfons before whom they ihall take and fubfcribe faid
oaths, {hull make return thereof to the Secretary, who lliall
record the fame in a book, to be kept among the public records
of this Common we altli, for the purpofe of recording the names
of fuch foreigners as Ihall be hereafter naturalized by A£ls of
this Commonwealth.

[This A6t pafTed June 27, 1782.]

An ACT for dividing the Town of Sanford^ in the
County of Tork, into two Parifhes.

WHEREAS for the greater convenience of attending the Preamble.
public worlhiip of GOD, it is found necelTary to divide
the town of Sanfcrd into two feparate parifhes :

Sect, i . Be it enaBed by the Senate and Houfe of Reprefenta-
tivesy in General Court ajp?nbled, and by the authority cf the famCy
That the faid town be and hereby is divided into two feparate Town of San-
parifhes, by the names of the South PariJJj and North Parijh, by forddividc-din-
a line beginning at the head of the townfliip of iVellsy at Mou- '"'^'"P'^"*!''^^-
fam River, fo called 5 thence running up the eaftern branch ^""'^'^■»'i'^*'
thereof, to the mouth of a certain brook, called the Hay Brook;
then up faid brook to a certain place known by the name of
Staple's MaiJJj ; then north weft to the head of the faid town
of Sa?ford.

Sect. 2. And be it further enaBedy That all the inliabitants
of faid town and lands therein on the northeaft fide of the line
aforefaid fliall be conlidered as belonging to the faid north par-
ish ; and the refidue of the inhabitants ,and lands as belonging
to the faid fouth parifh.

Sect. 3. And be it further enacted by the authority cf re faid. The parllhr*
That the fevefal pariihes aforefaid be, and hereby are refpec- in^'e^ed with
tively inverted with all the powers, rights, privileges and im- ^ith^^^'^^'ch'r
munities, which other purilhes in this Comnionwe«lth are in- parUlies.
▼efted with.

Sect.

32 LYNNFiELi). Jul)' 3, Art. 1782;

Ilathl. Wells, Sect. 4. And he it Jurther cnaElcdy That Nathaniel Wells^

Ef<i to call a Efq. be, and hereby is empowered to illue his warrant to Ibmc

itiivithigof fuiu principal inhabitant of each of the faid parilhes, requiring thenl

p^i cb. ^^ notify and warn the inhabitants of the pariflaes to which

tliey reipedtively belong, to meet at fuch time and place, in each

of the fiiid parilhes as by fuch warrants fhall be duly fpecihed,

and then and there choofe fuch officers as may be neceffary tc>

manage the aifairs of the faid parilhes refpecdvely. And the

inhabitants qualified by law to vote, being lb alTembled, fliall

be, and hereby are empowereci to choofe fuch officers in their

refpe£live parifiies accordingly.

[This ki\ palled Jtdy i, 1782.]

An ACT for creeling a Diftrift in the Comity of EJfex^
by the Name of Lynnfield, ^

f-eamilc "^"TTHEREAS the inhabitants cf the north parifh in the
^V town of Lynn labour under great inconveniences and
difficulties by reafon of their diftance from and difficult accefs
to the ufual place of meeting to tranfadt town bufinefs, and
many other great difadvantages, and have requefted this Court
that they may be incorporated into a diftricl, with all the priv-
ileges of a town, that of fending a reprefentativ^ to the General
Court excepted :

Sect, i . Be it therefore enacted by the Senate and Houfe of Rep-
refentatives, in General Court ajfembledy and by the authority of the
fame. That the faid north parifli and all that tracl of land in-^
eluded within the fame, and divided from the town of Lynn
Boundaries. by the line and boundary following, viz. Beginning at Saivgujl
River, near a v/hite-oak tree in Jonathan Tarble's lower field,
near ths cant of the river which is the line betw-een jifft^ds
and Brinton's farms, and running eaftwardly to lands of Benja-
min Riddon I thence turning by John Pool's land as the wall
runs, to a great rock by the fide of the hill ; thence foutheaft-
erly to Jofah Neivhall, fouthweft corner bound, adjoining to the
town wall, fo called •■, thence running foutheafterly to Andrew
Mansfield, fouthweft corner, bound at the wall ; thence running
as the wail runs, to the foutheaffc corner of Johfi Lyndfey's orch-
ard ; thence northerly as the wall runs to the road that leads
. . from Rending to Salejn ; thence eafterly as the road runs t6

ed wiAaluhe ^'^"'"^^■^ ^^^^> he, and hereby is incorporated into a diftridl, by
powers, &c. the name of Lynnfield ; and that the faid diftridt be and hereby
that other is invefted with all the powers, privileges and immunities that
tbwns in this towns in this Com.monwealth do or may enjoy, that of fending
•wealth°have. ^ Reprefentative to the General Aflembly only excepted ; and
To join with that the inhabitants of faid diftricl fhall have liberty from time
Lynn in the ^.o time tojoin with the town oi Lynn in choollng a Reprefent-
Rewefenta ^ ^^^^^^ ^"^ ^^^^^ ^^ notified of the time and place of eledion in
tivc. * ii^^

DtfMMEli ACADEMlT. Oaober 3, An. 178^. 35

like mariner v.ath the inhabitants of faid town of Lytjn^ by a
Warrant from the Seleflmen of faid town, directed to a Con-
ftable or Conftables of faid diftri(fl:, requiring him or them to
warn the inhabitants to attend the meeting at the time and
place affigned, which warrant fhall be feafonably returned by
faid Conftable or Conftables, and the Reprefentative may be
chofen indifferently from faid town or diftri^l ; the pay or al-
lowance to be borne by the town and diftritSt, in proportion as
they fhali from time to time pay to the State tax.

Sect. 2. And he it further enaEied^ That John Flaggy Efq. John Flagg,
be, and he is hereby empowered to ifTue hi§ warrant directed ^'^^" ^"'pow-
to fome principal inhabitant within faid diftrift, requiring him nieeting of the
to warn the inhabitants of faid diftridl qvialified to vote in town inhabitants,
affairs, to affemble at fome fuitable time and place in faid dif*
tri6t, to choofe fuch officers as towns and diftri£ls by law are
required to choofe in the month of March annually.

Sect. 3; Provided tieverthelefsy The inhabitants of faid dif^ ProvifW,
tricl fhall pay their proportionable part of all fuch town, county
and State taxe^ as are already aflefled by faid town, and their
proportionable part of all public debts and charges due from
faid town, and towards the fupport of the poor of faid town,
till the clofe of the war, and at the clofe of the prefent war
contribute towards the fupport of the poor of faid town and
diftri<fl, according to an agreement made between faid town and
dill:ri£t in that behalf, on the nineteenth day of Jtine^ Anno
Domini one thoufand feven hundred and eighty-two.

Sect. 4^ Provided Ukewifey That faid difi:ri6l give up all Provifo,
their right in any of the town's privileges lying and being in
the other part of the to^vn, except that of joining with them
in the choice of a Reprefentative as aforefaid.
[This Aa paired July 3, 1782.]

An ACT to create and ereft a Corporation by the
Name of The Trujiees of Diwuner Academy, in the
County of EJJex.

WHEREAS His Honor William Dummer, Efq. formerly Preambls/
Lieutenant-Governor of the late Province of Maffa-
(hufetts^Bay^ did in and by his lafl: will and teflament, devife all
his eftate in the town of Netubury, in the county of EJfexy to the
Reverend Charles Chauncey, Doftor of Divinity, the Reverend
Thomas Foxcrofty and Mr. Nathaniel Dummery and their heirs,
and to the fufvivor of them, and the heirs of fuch furvivor in
truft, that the rents, ifTues, and profits of his faid eftate fhould
he applied to the erecting and building of a fchool-houfe upon
his farm in Newbury aforefaid, and towards the fupport and
maintenance of a free grammar fchool there, for the excellent
and beneficial defign of inftrudting and educating youth. And
Vol* I. E whereas

34 DUMMER ACADEMY. OcJober 3, An. 1782.

whereas a public free fchool hath ever fince the firft day of
March^ in the year of our Lord one thoufand feven hundred
and fixtv-three, been ereiSled and fupported agreeably to the
valuable intentions of the munificent donor, which hath proved
of great and public utility in qualifying youth for the important
offices of church and fate. And whereas the views of the donor
cannot hereafter be fully and completely carried into execution
without ere<Sting a body politic and corporate, and inverting it
with certain neceflary powers which could not be eiFedted by
him in his laft will and teftament : Now, agreeably to the
memorial and petition of the Reverend Charles Chauncey^ the
furvivor of the devifees aforefaid, in order to carry into com-
plete execution the benevolent intentions of the charitable tef-
tator, to fupport and perpetuate the faid feminary of learning,
the fame being one of the firft public foundations of a free
grammar fchool within the Commonwealth, laid by the hand
of private charity, and to protect and encourage the interefts
of literature and the fciences :

Sect. i. Be it enacted by the Senate and Houfe of Reprefenta^

ti'Ues, in General Court ajjembled, and by the authority of the fame,

Truftres creel- Xhat the Honorable Jeremiah Poivell, Efq. the Honorable Ben-

ed for faid a- -^^^^-^^ Qreenkaf Elq. the Honorable Jonathan Greenlcaf Efq.

incor"porated" Reverend Jfeph Willard, Prefident ot Harvard college, Rev-

into a body erend Charles Chcuncey^ Dodor of Divinity, Reverend Mofes

politic. Parfonsy Reverend Jolm Tuckery Reverend Thcmas Cary, Samuel

Moodyy Efq. Preceptor of Dummer fchool, TVilliam Poivelly Efq.

Mirajah Saivyer^ Efq. Dummer Jeivetty Efq. Samuel Ofgoody Efq.

Nathaniel Tracy, Efq. and IVIr. Richard Dummcry be, and they

hereby are eretSled into, and made a body politic and corporate,

bv the name of The Tn flees of Duinmer Academy y in the county

of Effex ; and that they and their fucceiTors, and fuch others as

fliall be duly elected into the faid corporation, fhall be and

remain a body politic and corporate by the fame name forever.

Tnifl-ecsof faid Sect. 2. And be it further enacted by the authority aforefaid^

academy to be ^j^^j. ^]^g Truftees of the fame academy, fliall be deemed and

taken^in lavv^to taken in law to be and ftand feized in fee fimple and in pofTef-

be and fland fion to all intents and purpofes of all the eftate which Avas de-

feized in fee y^\{Q^ by tho late Honorable William Dummer, Efq. for the ufe

^hfl^lL il o^ ^i^ P^'bli*-' *^^*^^ ^'^^'""^ ^^ aforefiiid ; and that they fliall be

vlVed by the furtiier capable of having, holding and taking in fee fimple, or

lace Honorable g^y lefs eftate by gift, grant, devifc, or otherwifc, any lands,

William i)um- t-ep^^^n-^gntii, or other cllate, real and perfonal : Provided never-

J \r thelcfs^ That the annual income of the fame fliall not exceed

PrOVifo. r /• ; >

two thoujand pounas.

Sect. I. And he it further enacled by the authority aforefaid.
eieft a i^refi- That for thc more orderly conducting the bulinefs of the faid
dent, Vice- corporation, the Trr.ftecs of the faid academy fhall have full
Prtiident, power and authority from time to time, as they ftiall determine,
Secretar/> and ^o elc6l a Prcfidcnt, Vice-PvcfiJent, Treafurer and Secretary,
' fuch or

DUMMER ACADEMY. Oaober 3, An. 1782. 35

or fuch other officers as they {hall judge beil j and to fix and ^"5*^ officers as
afcertain the tenures of their refpeftive offices : And that the ^'^. ^ ^^^f^^
Truftees aforefaid may remove and diimifs any Truftee from teft. ^
the fame corporation, when in their judgment he fhall be ren-
dered incapable by age or otherwife, of dilcharging the duties
of his office ; and that the Truftees aforefaid may from time to
time fill up all vacancies in the faid corporation, by electing
fuch perfons for Truftees as they fhall judge beft : Provided
iieverthelefsy That the number of faid Truftees Ihall never ex-
ceed fifteen, nor be lefs than nine.

Sect. 4. And be it further enaBed by ike authority aforefaid^
That the Truftees of the faid academy may have one common Said Truftees
feal which they may change, break and renew at their pleaf- to have one
ure ; and that ail deeds figned and delivered by the Treafurer ^"^ "to" renew
or Secretary of the Truftees aforefaid, by their order, and fealed f^id feal and
vrith their feal, ihall, when made in their name, be confidered to fue and be
as their deeds, and as fuch be deemed duly executed and valid ^"^*^-
in law : And. that the Truftees of the faid academy may fue
and be fued in all acStions real, pcrfonal or mixed, and profecute
and defend the fame unto final judgment and execution, by the
name of The Trujices of Diimmer Academy in the county oi EJfetK.

Sect. 5. And be it further enaBed by the authority aforefaid ^
That tlie Truftees of the faid academy ftiall have full power and Truftees em-
authority to determine at what tim.es and places their meetings powcru-d to fix
fhall be holden ; and upon the manner of notifying the Truftees ^^^ *"r*^ ^""^
to convene at fuch meetings ; and alfo upon the method of ele<St- nieetin<ni.
ing or removing Truftees : And the laid Truftees ftiall have EIllPo^vered to
full power and authority to afcertain and prefcribe from time afcertain the
to time the powers and duties of their feveral officers, and to po^'i'crs and
elect fuch preceptors, mafters and ufticrs of the faid academy fg^veral officers'^
as they ftiall judge beft ; and to determine the duties and ten- and to eled'
ures of the feveral offices ; and to make and ordain, as occafion preceptors, &c.
fhall require, reafonable rules, orders and by-laws, not repug-
nant to the laws of this Commonwealth ; with reafonable pen-
alties for the good government of the faid academy ; and for
afcertaining the qualifications of the itudents, requifite to their
admiffion j and the fame rules, orders and by-laws at their
pleafure, to repeal.

Sect. 6. Provided neverthelcfs. That no corporate buftnels provlf*.
fhall be tranfacled by the Truftees of the faid academy, at any
of their meetings, unlefs feven of the Truftees, at the leaft, are
prefent.

Sect. 7. And be it further enaBed by the authority aforefaid^
That the rents, iffiies and profits of all the eftate, real and per- Rents, &c. to
fonal, of which the Truftees aforefaid ftiall be feized or pof- ^e appropria-
fefled in their faid capacity, fhall be by them appropriated to ^^^yl 'l""" ^\
the eftablifnment and endowment of Du miner Academy, by Dummer A'
maintaining and fupporting mafters and teachers, for the pro- cademv,
motion of piety and virtue •, and for the inftru«5tion of youth in

writing.

3<5 LANDS CONFIRMED. Oclober 30, An. 1782,

writing, and in the Latin and Greek languages ; and in fuch
of the ufeful and liberal arts and fciences as the Truftees fliall
hereafter direft.
Provifo. Sect. 8. Provided neverthelefs^ That the faid academy fhall

be fixed and remain in the fame place where the late Honora-
ble William Dinnmeiy Efq. fixed his free fchool in his lafl will
and teftament. And provided further^ That Samuel Moody., Efq.
the prefent preceptor of the Latin and Greek languages, in the
faid free fchool, be continued preceptor of the faid academy j
that he receive from the faid Truftees, the rents, ilTues and
profits of the eftate devifed as aforefaid, by the faid William
Dummery Efq. for the endowment of his free fchool, or an
•equivalent therefor ; and that he enjoy, fo long as he continues
preceptor of the faid academy, all the powers and authority he
is invefted with as preceptor of the faid fchool, under the laft
will and teftament aforefaid ; and that he be removable in the
fame manner, for the fame caufcs, and by the fame authority
as are defcribed and diredled in the fame laft will and teftament.
Sect. 9. And be it further enabled by the authority aforefaidy
In cafe the Tliat whenever the rents, illlies and profits of the eftate devifed
rents fhall ^^ afqrefaid, by the late William Dummery Efq. fhall for the
•TCO'^-iaced ^^' fp^C-C of two years together, ceafe to be appropriated to the
endowment and fupport of the faid academy, that then the
fame eftate fo devifed, fhall revert to the right heirs of the
^ faid William Dummery Efq. and their heirs forever. And

whenever the rents, iiTues, profits and intereft of any other
eftate holden by or in poiTeffion of the faid Truftees, fliall
ceafe to be appropriated to the ufes aforefaid, for the like fpace
of time, then the fame eftate fliall enure to the ufe and benefit
of the corporation of Harvard Collegey and their fucceflbrs for-
ever ; unlefs other provifion ihall be made by the donor or
grantor, in the inftrument of conveyance.
Hoi% Jex-cnuah ■ Sect. io. And he, it further enacledy That the Konorable
Powell,^ Efq. Jg;-f,,fiiah Poiuclly Efq. be, and he hereby is authorized and em-
calf °Thc firft powered to fix the time and place for holding the firft meeting
meeting. of the faid Truftees, and to certify them thereof.

[This Aa paired O^Bober 3, 1782.]

An ACT for confirming certain Lands, lying in the
County pf Tork, to certain Perfons claiming the
fame, under William Phillips and Bridget Phillips.

WHEREAS fome doubts have arifen what eftates faid
claimants have in the lands herein after defcribed, and
the ifiterpofition of the legiflature is found neceffary to remove
the fame : Therefore,

' Sect. i. Be it enacted by the Senate and Hcufe of Reprefenia^
iivi'S} in General Court ajjcmbledy and by the authority rf the fame^
'" ' Thai;

LANDS CONFIRMED. ' Oclober 30, An. 1782. zj

That the lands contained within the Hmits or boundaries fol- Lands confirm-
lowing, (except the traft of land called CoxhaU, and alfo all pHeTor^'hoW-
lands within thofe limits heretofore laid out by virtue of grants ing under Wil-
regularly made by the General Court) be, and they hereby are Ham Phillips
confirmed to the proprietors claiming and holding the fame ^"^ Bridget

,,r-.,,. T,--,.. 1 r, ■ 1 T17 •;;• .1 • 1 • j Phillips, iM tne

under W ilhajn Fntlnps and Bridget Phillips, their hen-s and ^^^^^^^ ^^
affigns, viz. Beginning at the north corner of Sandford, which York.
corner may be afcertained by a line running fouthweft, and Boundaries,
northeaft, through a certain fmall pond, called Beaver-Kill
J'ond } and from the faid north corner of Sandford, thus afcer- , ^^

tained, to run northweft, about eight miles, to Little OJfipee
River ; then by faid river, including half of the fame as the faid
river runs, to Saco River ; then by faid Saco River to the head
line of Biddeford ; then by the head lines of the towns of Bid-
difird and Arundel to the eaft corner of faid Sandford, as it was
originally incorporated ; then by faid Sandford, as it was origin-
ally laid out by the nanie of Phillips Town, to the north corner
thereof, bejng the boundary firft mentioned.

Sect. 2. Provided tieverthelefs, And the foregoing confirma- Provifo.
tion is to be underftood to be niade upon the following condi-
tions, viz. That the faid proprietors fhall on, or before the firft
day of January next, releafe and relinquifh all further claims
to the lands within the limits above confirmed to them, which
were laid out by virtue of grants regularly made by the General
Court ; and alfo to all lands contained within the following lim-
its, viz. Beginning at faid north corner of Sandford, thence run-
ning northweft, about eight miles, to Little OJJipee River ; then
wefterly by Little OJfipee River, to the pond called OJfipee Pond ;
then by faid pond to the State of Neiv-Hampfiire ; then foutU-
erly by Neiu^HampJhire line to the wefterly corner of Lebanon ;
then northeafterly by the head lines of Lebanon and Sandjord to
faid north corner of Sandford aforefaid ; and fhall make and
execute according to law, good and fufficient deed or deeds of
releafe and quit-claim, according to the true intent and mean-
ing of this A6t, and to the acceptance of Jedediah Preble, Efq.
and others, the Committee appointed by the General Court to
examine the claims of laid proprietors to faid lands, who Ihall
. caufe the fame to be recorded by the Regifter of Deeds for the
coiinty of Tork, with the records for the faid county, and then
file the fame in the Secretary's ofiice, and alfo on condition that
the iaid proprietors fliall pay or caufe to be paid to the faid
Committee the one half of their expenfes in viewing and afcev-
taining the boundaries aforelaid, with the other boundaries
mentioned in their report.

Sect. 3. Provided alfo. That nothing in this Adl fliall be fo Provlfa
conftrued as to injure, defeat, or make void any right or claim,
which the Commonwealth have, or may have, to any part of
faid lands, v/hich belonged to certain perfons called confpira-
tors or abfentecs ; any thing in this A£t to the contrary not-
withflandine. ' n

38 LANDS CONFIRMED. Oaober 30, An. 1782.

Sect. 4. Alfo provided, That nothing in the foregoing A<Sl
fhali be conftrued to afiecl the property of either of the towns
of Biddeford or Arundel.

[This Aa pafTed OBober 30, 1782.]

An ACT for confirming certain Lands, in the County
of Tork, to certain Perfons claiming the fame, under

JNicholas Shapleigh.

Preamble. '\ll[7^^'^''^"^'^^ certain perfons afting as proprietors of lands

V V under the title of Nicholas Shapk/gh, fuppofing that

they owned lands to the fouthward of Litt/e OJfipee River, and

at conliderable expenfe improved and fettled a part thereof :

Therefore,

Be it enabled by the Senate and Houfe of ReprefentativeSy in Gen^
eral Court ajfembled, and by the authority of the fame. That the
tra<ft: of land contained within the following limits, be and
hereby is granted and confirmed to faid perfons who have
afted in proprietors' meeting, under the charafter and by the
name of the proprietors claiming lands under Nicholas Shap-
leigh, late of Kittery, deceafed, their heirs and ajKigns (excepting
all lands within thofe limits heretofore laid out by virtue of
grants made by the General Court) viz. Beginning feven hun-
dred and eighty rods northweft from the north corner of San-
ford, thence running fouth one thoufand and feventy rods to
Sanford head line j then weft feven hundred and twenty rods ;
then fouth two hundred and fifty rods ; then weft nearly fix
miles to Salmon Fall River ; then north by Salmon Fall Rivet;
and the line run by order of Governor Belcher in the year of
our Lord one thoufand Ceven hundred and forty-one, be-
tv/een Neiv-Hampjhire and the late Province of Main, about ten
miles to Little OJfipee Pond ; then by faid pond and Little OJ[i^
pee River, northeafterly, until it interfe6ls a line drawn north-
weft from the north corner of Sanford aforefaid ; then foutheaft
to the firft mentioned bounds> together wich a fmall gore of
land at the head of Lebanon, containing about three hundred
acres, adjoining to a lot granted by the General Court to Mid"

Frovifo. dlecot Cook, Efq. ; provided however, and upon condition, that the

faid proprietors fhall, on or before the firft day of March next,
give fufficient fecurity to the acceptance of Jcdcdiah Preble, Efq^.
and others, the Committee appointed by the General Court to
examine the claims of faid proprietors to faid lands, for the
payment of four hundred pounds to the Treafurer of this Com-
monv/ealth, for the ufe thereof, on or before the tenth day of
Oaober next, with intercft for the fame till paid : And provid-
ed alfo, that the fever.il lots in faid tra6l before defcribed,
already appropriated to public ufcs, be truly referved for thofe
purpcfcs j and alfo that the faid proprietors pay to the Com-
mittee

Tra<£l of land
confirmed to
perfons claim-
ing the fame
under Nicholas
Shapleigh, in
the county of
York.

Boundaries.

ACT OF INDEMNITY. November 4, An. 1782. 39

mittee aforefaid, one half of their expenfes in afcertaining the
boundaries aforefaid, with other boundaries mentioned in their
report.

[This Aa pafled OBober 30, 1782.]

An ACT for indemnifying all Perfons except Samuel
Ely, concerned in the late Difturbiances in the Coun-
ty of Hampjhire.

WHEREAS divers perfons mifled by mifreprefentations PreamWe,
erroneoufly judging of the meafures of government,
the neceffity of taxes, and the expenfes of a long and calami-
tous war, have been guilty of difturbances, riots and diforders
in that county : And whereas by their petition and reprefenta-
tions, they manifefi: their fincere regret for their paft condu<St
in that behalf, and a difpoiition to return to their duty, fubmit
to the laws, and to fupport government : And whereas govern-
ment confidering the frailties of men, feel a willingnefs to ex-
ercife every a6t of humanity, pardon and moderation towards
men mifguided by a few indigefted ideas of liberty and free-
dom, as far as it is confiftent with the happinefs and welfare of
the community : Therefore,

Sect, i . Be it enacted by the Senate and Houfe of Rcprefenta"
tlveSf in General Court ajfembled, and by the authority of the fame^
That all riots, routs and unlawful aflemblies, diforders and dif- -AH riots, &c.
turbances, committed, commanded, afted, done, or made within t^'^^ y^^ ' _
the faid county of Hampfhire^ fince the firfl: day of January laft, ry ja^^ in the
and before the tenth day of Auguji laft, and all refcues and county of
breaches of the peace, affaults, batteries, and imprifonments Hampfhire
whatfoever, be and hereby are pardoned, releafed, indemnified, ^
difcharged, and put into utter oblivion ; and that all and every
perfon or perfons, except Samul Ely^ afting, advifing, or affift- Except Samuel
ing, abetting and counfelling the fame, be and hereby are par- ^'
doned, releafed, acquitted indemnified and difcharged from the
fame, and of and from all judgments, indictments, conviiflions,
penalties and forfeitures therefor, had or given, or that might
accrue for the fame 5 and that all indiiShnents, conviiftions and
forfeitures therefor, are hereby declared null and void.

Sect. 2. And he it further enacted by the authority aforefaid.
That any perfon indidled or prefented, or in any manner prof- Perfons indid-
ecuted, or that fhall or may be hereafter indicted, prefented, ^^' *** P|^?^
or in any manner profecuted, except faid Samuel Ely^ for any fue, except
of the offences by this Ad: pardoned, may plead the general Samuel Ely.
ifilie, and give this A<St in evidence, which fhall be fufEcient to
acquit him.

[This Aik pafTed Novemier 4, 1782.3

40 CHESTER, Sec. Pebriiary i\ — 25, Ah. I'jZy

An ACT for difcontlnuing the Name of a Town in the
County of llmnpfJnre^ formerly incorporated by the
Name of Murrayfcld, and calling the fame Chejler,
Preamble. "^"TTHEREAS from the great fimllitude between the names
¥ V ^^ ^^ ^''^'^ town called Murra^field and a plantation
called Merryjield, in this Commonwealth, many difficulties and
inconveniences have arifen, and the inhabitants of the former
pray that the name of the faid town may be altered : There-
fore,

Be it enaBed by the Senate and Hoiife of Reprefentatives, in Gen-
eral Court ajjemlledy and hy the authority of the fame., That the land
Altering the lying in the county of HampfJiire, formerly incorporated into a
raXld* t^t"he ^^'^^'^ ^y ^^^ name of Murrayfield^ fhall no longer bear that
r-anic of Chef- name ; but henceforth flaall be called and known by the name
ttr. of Chejler^ the aforefaid incorporating Acfl notwithftanding.

And all officers in the faid town fhall hold and exercife their
offices refpe(5lively, in the fame manner as they would havi^
done had not the name of the faid toAvn been altered.
[This Acl palTed February 11 ^ 1783.3

An ACT for ereding a Diftrid in the County of Mid-
dlefex^ by the Name of Boxborough.

Preamble. "^ "IT THERE AS a number of inhabitants, living in the ex-
Y V treme parts of the towns of Stoiu, Harvard^ and Lit-
tletony labour under many inconveniences by reafon of their
great diftance from any place of public worfhip, and have re-
quefted this Court that they may be incorporated into a diftridl,
with all the privileges of a town, that of fending a Repi-efenta-
tive to the General Court excepted :

Sect. i. Be it therefore enaBed by the Senate and Houfe of Rep-
refentativcsy in General Court affanblcd^ and by the authority of the
famey That a part of Sto^i^, a part of Harvard, and a part of
Littleton, all which are included within the boundaries follow-

Boundaries, ing, viz. Beginning at the road fouthdrly of John Robbins's
buildings, and running foutherly to AElon corner, three miles
and ninety-two rods, to a heap of ftones ; from thence running
foutherly in AElon line, to a place called Flag Hill, being two
miles, three quarters and ten rods, to a heap of ftones ; from
thence wefterly in Stow two miles and a quarter, to a flake and
pillar of ftones in the Harvard line ; then running northerly
through part of Harvard, to a white oak tree, by a caufeway
from thence to the place firft fet out from, be and hereby is
incorporated into a diftri^t, by the name of Bot<borcugh. And
all the polls and eftates that are included within the faid boun-
daries, fhall belong to the faid diftrl£t, except thofe of fuch of
the inhabitants of that part fet off from Littleton, as fliall not
within the term of twelve months from the palling this Aft,

return

BOXBOROUGH. i^^^rw^ry 25, An. 17S3. 41

return their names into the office of the Secretary of this Com-

monweakh, fignifying their defire to become inhabitants of the

faid diftria.

Sect. 2. And be it further efiafted by the authority dforefaidy

That the faid diftridl: be, and hereby is inverted with all the In^efllng Mil

powers, privilesres and immunities that towns in this Common- „' ^'^ ^^"l*
1 1 J • / 1 • -1 rr J- Ti certain power*

wealth do or may enjoy (except the privilege or lending a Kep-

refentative to the General Court) and the inhabitants of the

faid diftrldt Ihall have libei'ty from time to time to join

with the town of Stoiv, in choofmg a Reprefentative, and fhall

be notified of the time and place of eleftion, in like manner

with the inhabitants of the faid town of Stonv, by a warrant

from the Selectmen of the faid town, diredted to a Conftable

or Conlbibles of the faid diftrift, requiring him or them to

warn the inhabitants to attend the meeting at the time and

place appointed : Which warrant fliall be fealonably returned

by the laid Conftable or Conftables ; and the Reprefentative

may be chofen indi^fferently from the faid town or diftridt i

The pay or allowance to be borne by the town and diftrict, in

proportion as they fliall from time to time pay to the State

tax.

Sect. 3, A?id he it further enacted^ That Jonathan Wood, ]onk. 'Wood to
Efq. of Stoiv, be, and he hereby is empowered to iflue his war- *=^'l }^^ firA
rant, directed to fome principal inhabitant within the faid diftricl, "^^^""2-
requiring him to warn the inhabitants of the faid diftrict, qual-
ified to vote in town affairs, to alTemble at fome fuitable time
and place in the faid diftriifl:, to choofe fuch officers as towils
and diftrifls by law are required to choofe in the month of
March annually. Provided nevei'thclefs, That the inhabitants of Proviffc
the faid diftrift fliall pay their proportionable part of all fuch
town, county and State taxes, as are already afTeiTed by the faid
refpe£live towns from which they ai'e taken, and their propor-
tionable part of all public debts due from the faid towns ; and
alfo provide for the fupport of all the poor who Avere inhabit-
ants within the faid diftridt before the palling of this Acl, and
fliall be brought back for maintenance hereafter.

And whereas it is fit and necelTary, that the whole of the faid
diftrict fhould belong to one and the fame county :

Sect. 4. Be it therefore further enaEled by the authority afore-'
faid, That that part of the faid diftrict which is fet off* from the Annexing paj'e
town of Harvard, in the county of JVorce/Ier, ftiall be, and here- of f'''^ diftritffc
by is annexed and fet to the county of Middlcfex. And the ^° j^l^jjef""''
line eftablilhed by this A(St as the boundary betwixt the faid .
town of Harvard and the faid diftridl, fliall hereafter be the
boundary line betwixt the faid county of Middlefex and the faid
county of Worcefler.

[This A61 pafTed February 25, 1783.]

Vol. I. F

42 SHARON, &c. February 25, 26 — March i, An. 178

An ACT for difcontinuing the Name of a Town In
the County of Suffolk^ incorporated by the Name of
Stoitghtonha?n, and calling the fame Sharon,

JDE it enaffed by the Senate and Houfe of ReprefentativeSf in Gen-

eral Court ajfemhledy and by the authority of the fame y That the

The name or f^jj^i town of Stoughtmham^ fl^all no longer bear that name,

Stoueht'onriiun hut henceforth fhall be called and known by the name of Sha-

akettii to Sha- ron ; the aforefaid incorporating MX notwithftanding. And

fon. all officers in laid town fliall hold and exercife their refpeftive

offices in the fame manner as they would have done had not

the name of faid town been altered.

[This A£l paiTed February 25, 1783.]

An ACT for annexing "Noah Wizzle, with his Lands,
within a certain Gore of Land, lying between the
Towns of Fitchburgh^ Leominjhr and Weftminjler^ in
the County oiVVorceJler^ unto the Town oi Fitchburgh.

Preamble. 'V'^ THERE AS Noah Wizzle hath requefted of this Court to
y ^ be annexed unto Fitckhurgh ; and it appears to be of

public utility that his requeft fliould be granted :

Sect. i. Be it enacted by the Senate and Floufe of Reprefenta-

tives, in General Court ajfetnbled, and by the authority of the fame.
Annexing; No- That Noah Wizzle, with his lands, lituate in a gore of land,
ah Wizzle'b lying between the towns of Fitchburgh, Leominfler and Wefi-
town of Fitch- ^ninj^er^ in the county of Worcejier, be, and hereby is annexed
Ipurgh. unto the town of Fitchburgh : And that in future the faid

Wizzle fhall be entitled to all the privileges and immunities

with the inhabitants of the faid Fitchburgh, and fubjefted to

duties as an inhabitant of the faid town.
Provjfo. Sect. 2. Provided ahvays. That the faid Wizzle fhall be

holden to pay any taxes already legally afTefled on him by the

town of Weflmiifler ; any thing in this Aft to the contrary

notwithftanding.

[This Aft: pafTed February 26, 1 7 83.]

Afts . 1706, ^n AQX in Addition to the feveral Afts already made
1780! repealed for the prudcnt Storage of Gun-Powder within the
June 19, i8ci. Town of Bojioju

Preamble. "^"1^ T^^^^^^'^'^ ^^ depofiting of loaded arms in the houfes
^' y of the town of Bojlon, is dangerous to the lives of thofe
who are difpofed to exert themfelves when a fire happens to
break out in the faid town :

Sect, i . Be it enacted by the Senate and Houfe of Reprefenta-
tives, in General Court ajjiimblcd, and by the authority of the Jame^

That

DAVID PARKER. March i, An. 1783. 43

That If any perfon fhall take into any dwelHng-houfe, ftable, Pcifons pro-
barn, out-houfe, ware-houfe, ftore, Ihop, or other building, J^^^otheirS
within the town of Bojion^ any canon, fwivel, mortar, howitzer, Ungs, &c. any
cohorn, or fire-arm, loaded with, or having gun-powder in piece of ord-
the fame, or ftiall receive into any dweUing-houfe, ftable, barn, "^"^^ loaded
out-houfe, ftore, ware-houfe, fliop, or other building, within ^^^^ gun-pow-
the faid town, any bomb, granade, or other iron Ihell, charged
with, or having gun-powder in the fame, fuch perfon fhall for-
feit and pay the fum of ten pounds^ to be recovered at the fuit Penalty,
of the Firewards of the faid town, in an aclion of debt, before
any Court proper to try the fame \ one moiety thereof to the
ufe of the faid Firewards, and the other moiety to the fupport
of the poor of the town of Boflon.

Sect. 2. And be it further enaEled by the authority aforefaidy
That all canon, fwivels, mortars, howitzers, cohorns, fire-arms, PJ^'ce of ord-
bombs, grenades, and iron fhells of any kind, that fhall be l^^^h'-un-'^X-
found in any dweUing-houfe, out-houfe, ftable, barn, ftore, ^er found in
ware-houfe, lliop, or other building, charged with, or having any dwelling-
in them any gun-powder, fhall be liable to be feized by either |jo"^<^' ^"^^ ^l^'
of the Firewards of the faid town : And upon complaint made ^l^
by the faid Firewards to the Court of Common Pleas, of fuch
cannon, fwivels, mortars, or howitzers, being fo found, the
Court fhall proceed to try the merits of fuch complaint by a
jury ', and if the jury fhall find fuch complaint fupported, fuch
cannon, fwivel, mortar, or howitzer, fhall be adjudged forfeit. How difpofcd
and be fold at public auction •, and one half of the proceeds ^^ '" '''^^'^^ '^^
thereof fhall be difpofed of to the Firev^-ards, and the other
half to the ufe of the poor of the town of Bojion. And when
any fire-arms, or any bomb, granade, or other fliell, fhall be
found in any houfe, out-houfe, barn, ftable, flore, ware-houfe,
fhop, or other building, fo charged, or having gun-powder in
the fame, the fame fliall be liable to be feized in manner aforc-
faid ; and on complaint thereof, made and fupported before a
Juftice of the Peace, fhall be fold and difpofed of as is above
provided for cannon.

Sect. 3. Be it further enaEled^ That appeals fhall be allowed Appeals allow-
in prolecutions upon this A£t, as is ufual in other cafes. ^*^
[;This Aa pafTed March i, 1783.]

An ACT for fetting off David Parker from the Dif-
trid of CarliJJe, and annexing him to the Town of
Chelmsford.

WHEREAS by the A^ for incorporating the diftrI»St of Pr«amblc.
Carlijhy in the county of Middlefexy David Parker was
fet to the faid diftrift, which is found to operate to his great
injury and inconvenience :

Sect, i , Be it therefore etiaBed by the Senate and Houfe of Rep-
rfentativeSi in General Court ajfembled-i a?id by the authority of the

fame^

44 NORTON PARISH. March 4, An. 1783.

famey That the faid David Parker, and his buildings, and Co
much of his lands which were taken into the faid diftri£l of
Carlijley by the aforefaid Adc, as fhall fall to the north of a

Boundaries, right line, beginning at a heap of ftones where the corners of
the towns of Chelmsford and Wejlford, and of the faid diftridt of
Carlj/Ie meet ; and from thence running to the corner of a
certain ftone wall, where the corners of the towns of Chelms^
ford and Billerica, and of the faid diftrift of Carlife meet, fliiaU
be, and hereby are fet off from the faid diftridl of Carlifle, and
annexed to the faid town of Chelmsford ; and fliall forever
hereafter be confidered as part of the fame : Any thing in the
aforefaid AvTt contained to the contrary notwithftanding.

Provifo. Sect. 2. Provided neverthelefsy That the faid David Parler

fhall pay all fuch taxes as are already affeficd upon him by the
faid diftri^ of Carlife.

[;This Aft paiTed March i, 1783.]

;\(]ditionaiAa An ACT to incorporate the Congregational Society, in
June i7,i7?7- the Town of Norton, into a diftind Parifh ; and alfo

to incorporate a Committee of the faid Society for

certain purpofes.

Prssmble. "X"^ T^^^-^-^^ *^^ Congregational fociety in the town of
Y ^ NortGtiy of which the Reverend Jofeph Palmer is the
prefent minifter, have reprefented to this Court that the faid
fociety are poffefl'ed of a fum of money and fecurities, to the
amount of four hundred and twentj-fve pounds, which they de-
fire to improve to the purpofe of beginning and laying a foun-
dation for a fund, the intereft whereof to be appropriated to
fupport a learned, pious, Proteflant Congregational minifter in
the faid fociety forever, and for building or repairing a meet-
ing-houfe in faid fociety 5 and have fupplicated this Court by a
law, to inveft the faid fociety with all the powers, privileges,
and immunities that preciniSts or parifhes in this Common-
wealth do or may enjoy : And alfo that certain perfons, by
them, the faid fociety ele6ted and named, may be made a body
corporate, with fufficient powers to receive the aforefaid fum,
and other donations that are or fhall be made for the purpofes
aforefaid, and for the well-ordering the fame :

Sect, i . Be it enaElcd bv the Senate and Houfe of Reprefetitch'
tivcSi in General Court ajpjnhled, and by the authority of the faniCy
gotietvinNor- That the Congregational fociety in the town of 'Norton, in the
♦on incorpora- (^Qunty of Briflol, Avhere the Reverend Jofeph Palmer now offi-
th?a"parHli.' ' ^^i^tes, bQ, and they hereby are incorporated into a diftinft
parifh, by the nam.e of The Congregatisnal ParfJj in Norton, and
hereby are invelled with all the powers, privileges and immu-
nities, that precinfts or parilhe? \vitbinthis Commonwealth do
ov may by law enjoy,

NORTON PARISH. March 4, An. 1783. 45

And that it may be known at any time, who of the inhab-
itants of the faid town belong to the faid parifh :

Sect. 2. Be it enaFced by the authority aforefaidy That all thofe InhaMtants a-
inhabitants of the faid Norton^ who ufually attend public worfliip f"*"y #ttend-
with the aforefaid fociety, fhali be deemed and taken to belone '"^ „■ P"^j'<^

r • y -n '^ • J r •» i .1 ° WOrihlD tO DC

to the laid panlh to ail mtents and purpoles, until they fhall deemed be-
iignify in writing, under their hands, to the Clerk of the faid longing to faid
parifh, their intention to attend public worfhip with fome^other V"^^^] ,
religious fociety, and fhall actually attend. Provided neverthe- ~~
lefs, That all pariilaioners, fo removing, fhall be held to pay all ''°^^°*
arrears of taxes legally afTefTed on them by the faid parifli be-
fore their removal.

Sect. 3. jind be it further enaEled by the authority aforefaid.
That George Leotiardy Efq. be, and he hereby is fully authorized George Xeon-
to ifliie his warrant, directed to fome principal inhabitant be- ^^^^ ^^'i- *<*
longing to the faid parifli, requiring him to give notice to the n^eetin ^
inhabitants of the parifh aforefaid, qualified to vote in parifh
affairs, to aflemble at fome fuitable time and place in the faid
parifh, to choofe all fuch officers as parifhes are by law requir-
ed to choofe in the month of March annually ; and to tranfa£t
fuch other matters and buflnefs as is necefTary to be done in
the faid parifb.

Sect. 4. And be it further enaEled by the authority aforefaid.
That George Leonard, H^illiam Holmes^ JJariiel Dean, Ifaac Hodges Georo-e Leon-
and Ifrael Troiv, chofen, eledled and named, by the faid fociety ard, "eAj. and
for that purpofe, and their fuccelTors hereafter chofen by the °'^^''5> cle<Sled
parlfli aforefaid, in the manner as in and by this Adl is here- to be^'a co^^^
after provided, fhall be, and hereby are declared to be a body rate body,
corporate, by the name of The Triifcees of the Congregational
Parflj in Norton^ and hereby are incorporated to this fpecial
purpofe, viz. To receive all the donations, fubfcriptions, fecuri- TlieJr powers.
ties and monies, now in the hands of the faid fociety, and alfo
fuch grants, appropriations, and donations, either real or per-
fonal, that have been or fhall hereafter be made for the pur-
pofes aforefaid ; provided the whole fum do not exceed the
fum oi. three thoufand pounds. And all fuch fum or fum.s as fliall
be received by the aforefaid prefent Truftees, or their fuccef-
fors in the faid truft, fhall be and hereby are appropriated to
raife an income by the annual intereit arifing therefrom for
the purpofe aforefaid.

Sect. 5. And be it further enaEled by the authority aforefaid.
That aU bonds, mortgages, or other lawful fecurities, made to Bonds, &c.
the faid George Leonard'^ William Holmes, Daniel Dean, Ifaac n^ade to the
Hodges, and Ifrael Trow, and their fuccefiors in the faid trufl, ^'^"f'^^V^'i-^f
are hereby declared good and valid : And the faid Truftees ^^^
and their fucceffprs, by their faid corporate name, may fue and ^^ \^ an'd b*
be fued, and are hereby fully authorized by themfelves, or by fued.
their agents or attornies, to appear, plead and defend, in any
adion or fuit brpught by or againft them, in their faid capacity,

and

46 NORTON PARISH. March 4, An. lyS:^,

and the fame profecute to final judgment and execution, in any
Court proper to try and determine the fame.

Sect. 6. j4nd be it further efia^ed by the authority aforejaidy
Monic* to be That the aforefiid fum oi four hundred and tiventy-five pounds^
put on intereft ^nd all fuch further fum or fums as may hereafter be annexed
un 1 — thereto, fliall be by the faid Truftees put to intereft ; and the
annual intereft arifmg thereon, fliall be further put to intereft,
and fo from year to year, until a capital fliall be raifed, the
annual intereft whereof fhall be fufficient to fupport a minifter
Intereft how to as aforefaid : And then the annual intereft of the faid increafed
te appropria- capital, or fo much thereof as the faid corporation fhall find
^ necelfary, fhall forever after be paid to fuch minifter refident

and officiating in the work of the miniftry among faid fociety,
within faid town. And if it fhall ever happen that there be
no fuch minifter fettled within the faid fociety, then in every
!n fSch cafe, fuch cafe the intereft ariftng in fuch vacation fhall be improved
to fupply the faid fociety with preaching. And if there fhall
be any furplufage it fhall be put to intereft on new fecurities,
and added to the faid capital, and improved for the building
or repairing a meeting-houfe for the faid fociety ; and all fuch
iiicreafed fum or fums fliall be ordered and difpofed of by the
faid Truftees, according to the directions herein before provid-
ed refpecling the faid capital.

Sect. 7. And be it further enaFled by the authority aforefaid,
When the in- That if at any time the income ariftng by the annual interefl
teieft ^*'^ '^^ of the fund aforefaid, fhall be more than fufhcient for the pur-
Cdent for fuld pofes aforefaid -, in that cafe all fuch furplus fhall and hereby is
purnofes, how fpecialiy appropriated, and fliall be improved by the parifh
to be appropri- aforefaid, towards the fupport and maintenance of a fchool for
"^*^" the benefit of faid fociety.

Parifli to Sect. 8. And be it further enaEled by the authority aforefaid^

choofe five 'f^at the faid pariili, at their annual meeting in Marchy from
J ruitces annu- ^^^^ ^^ ^j^^ ^^^ ^^^ hereby are fully authorized to choofe five
Truftees for the year enfuing.

Sect. 9. Jlnd be it further enabled by the authority aforefaid^
In cafe Truf- That if at any time the faid parifli fhall at their annual meet-
tees are not jj^g -j^ March, neglect or by any means be prevented choofing
Truftees -, in every liich cafe the Truftees laft chofen fhall con-
tinue vefted with ail the powers and privileges aforelaid, until
others be chofen.

Sect. 10. And be it further enaEled by the authority aforefaid^

Truftees to be That the faid Truftees, and their fucccflbrs, from time to time,

accountable ^^^,| -^^ accountable to the faid parifh, and may be by them for

be for mifde- «iny mifdemeanor or failure in their faid truft removed there-

mcanor. from ; in which cal'c, and alfo in cafe of death or other removal

of any one or more of them, it fhall and may be lawful for the

faid parifti to appoint others in their room. And the faid par»

ilh may at any time call a meeting for that purpofe accordingly.

'[This Aa paffcd March 4, 1783.]

MIDDLEFIELD. March 12, An. 17S3. 47

An ACT for ere£lmg certain Lands, hereafter defcribed,
into a Town, by the Name of Middkfield ; and an-
nexing the whole to the County of Hampjhire.

WHEREAS the inhabitants of the fouthwefl corner of Preamble.
WorthingtD?iy in the county of Hampfnrey and the north-
tv-eft corner of Murmyfield, (now Chefter) in the faid county,
and the northeaft comer of Beckett the fouth fide of Patridgc-
fieldy a part of Wajhington^ and the Inhabitants of PrefcotCs
Granty (lb called) all In the county of Berkpire, have repre-
fented to this Court the great difficulties and inconvenlencies
they labour under in their prefent fituation ; and have requefled
that they may be incorporated into a town :

Sect. I. Be it therefore enaEled by the Senate and Hotife of Rep'
refehtativeSf in General Court affembledy and by the authority of the
fajnCf That the faid fouthweft corner of Worthington, in the
county of Hampflnrey and northweft corner of 'Chefler^ in the
fame county, and the northeaft corner of Beckety the ibuth fide
of Patridgefeldy a part of Wafnngtony and the lands called Pref-
cotfs GrantSy all in the county of Berhjhirey and bounded as
follows, viz. Beginning at an hemlock tree, ftanding on the Boundaries,
river in Beckety dire<Slly fouth from the fouthweft corner of
the faid Prefcott^s Grants ; thence running north one thoufand
rods, to a beach tree ; then north twelve degrees eaft to the
north fide of the fir ft fquare in Patridgefieldy to a ftake and
ftones ; thence fouth feventy degrees eaft nine hundred rods to
a ftake and ftones j thence north one hundred and forty rods ;
then eaft fix hundred rods to the river at an hemlock tree, a
weft point from Worthington meeting-houfe ; thence down the
faid river to the place where the fame crofTes Worthington fouth
line, at an heart-beam tree ; thence weft thirty-five degrees
fouth, nine hundred and forty rods to the place where the faid
river crofl"es Becht eaft line ; thence up the faid river to the firft;..
mentioned bound, with the inhabitants thereon, be, and hereby
are incorporated into a town, by the name of Middlefield. And
that the faid town be, and hereby is vefted with all the powers,
privileges and Immunities which the towns within this Com-
monwealth do or may enjoy, by the conftitution or laws of the
fame ; and the whole of the faid town of Middlefield fliall forever
hereafter be confidered as a part of the county of Hampfinre.

Sect. 2. And be it further enaBedy That Johji Kirhlatidy Efq. John Klrklanfi,
be, and he is hereby empowered to Iffue his warrant to feme ^^1 '° '^^.'^ ^'^'^
principal inhabitant within the faid town of Middlefieldy requir- '^ iiiceting.
ing him to warn the inhabitants of the faid town qualified to
■ vote in town affairs, to afl^emble at fome fuitable time and place
within the faid town, for the purpofe of choofing fuch officers
as are necefi^ary to manage the affairs of the faid town.

Sect. 3. Provided neverthelefsy That the Inhabitants of the Provlfo,
faid town of Middlefield fhall pay their proportionable part of
fuch town, county, State and other taxes- as are already affelTed

48 BRIDGETON RECORDS. March 13, An. 1783.

on them by the refpeflive towns to which they have belonged,
and of all public debts and duties which may be due and owing
from the faid town, until a tax fliall be laid by the General
Court upon the faid town hereby incorporated.

[This Aa paired March 12, 1783.]

AdtiitionaiAd ^q ACT for Confirming the Records of the Proprietors

Jan. 29, 1799. Qf 2, Plantation called Bridgeto?!.

Preamble. '^'WTHEREAS the book of records of the proprietors of a

Y V plantation called Bridgeton, wherein were recorded the

bounds of the feveral lots laid out therein, the names of the

perfons by whom they were refpeclively drawn, and all public

votes and tranfa6lions of faid proprietors, in carrying forward

the fettlement of faid plantation, on the night of the fecond

day of OBober, one thoufand feven hundred and eighty, was

confumed by fire, by means whereof great lofs and damage

may enfue to individuals unlefs prevented by the legiflature :

Sect. I . Be it therefore etiacled by the Senate af:d Hot/fe ofRep*
rcfentativss^ in General Court ajfetnbled^ and by the authority of the
Cofvy of the fame^ That the Copy of the faid records, containing a lift or
records. fchedule of the particular bounds of the feveral lots laid out in

faid plantation, and the names of the original owners thereof,
with the numbers of the rights and lots drawn for them re-
fpectively, as well as for Harvard College and other public
ufes ; which copy was accepted by the faid proprietors, at a
legal meeting notified for that purpofe, and held by adjourn-
ment, on tlie thirteenth day of June, one thoufand {even hun-
Copy of the jj-g^j .^-jij eiglity-one : And that the copy of the proceedings of
Tohn Farnum J°^^" Famiimy Mond'^ Bridges^ and Befijatmn Stevens, jun. a
and others. Committee of the faid proprietors, to make fale of the lands of
delinquent proprietors ; and that another copy of the proceed-
ings of another Committee of the faid proprietors, who were
afterwards appointed by them for the purpofe laft mentioned,
which is figned by Reuben Burnam and Enoch Perky, (both
which laft mentioned copies the before-named Committees
have refpeftively fworn to be true, according to the beft re-
To be received rnembrance, before tv/o Jufticcs of the Peace quorum unus)
(.f their orLi- f^^^-^^ ^^ received as true copies of their original record, and,
r.al record. avail In the fame manner as the faid original might have done.
SfcT. 2. And be it further enaEled by the authority afcrefaidy
Declaration of That a declaration of certain votes and proceedings of the faid
&c oTth^"^^*' proprietors, which is made in a petition to this Court, figned
prittors to be by Benjamin Kimball, Jacob Stevens, and Enoch Perley, a Com-
joc.danJv.U:d. mittee of the faid proprietors, as well as the copies beforemen-
tioned (all v/hich are on file in the Secretary's ofTice) fliall be
held to be good and valid in law, to all the purpofes for which
the original records of the faid proprietors might or would have
been, had not the fame been burnt.

[This AqX paffed March 13, 1783.] ^^

N.GARDNER'S WlLL,&c. March k^.io.Ku.ij^, 49

An ACT for eftablifliing and confirming a certain In-
ftrument, as the Laft Will and Teftament of Nicbvlas
Gardner.

WHEREAS it appears to this Court that Nkhclas Gard?:er^ Preamble.
oiBoJlotiy in the County oi Suffolk ^ being mortally wound-
ed by the enemy, did, on the thirteenth day of June, in the
year one thoufand feven hundred and eighty-two, make and
lign a certain Inftrument in writing, which he intended for
his lafh Will and Teftament ; but from the peculiar circumftan-
ces he was then under, and from want of council to advife him in
the forms and requlfites by the laws of this Commonwealth pre*
fcribed for the executing of Wills, and Teftaments, the iaid
Nicholas caufed the faid Inftrument to be witneiTed by only two
perfons : and whereas the faid Inftrument appears to have been
agreeable to the intention of the faid Nicholas at the time of his
death, and in all refpedts, except the witnefling of the fame, con-
formable to law :

Be it therefore etiaBed by the Senate and Houfe of ReprefentntiveSi
in General Court affemhled, and by the authority of the fame. That
the faid Inftrument be, and hereby is eftabliftied and confirmed will of Nicho-
as the Laft Will and Teftament of the faid Nicholas Gardner, las Gardner
and made valid and binding upon all perfons concerned therein ; confirmed.
and the Judge of Probate of Wilis, for the county of Siffolk, is
hereby directed to proceed thereon in the fame manner as
though the fame had been executed according to law ; the ex-
ecution thereof being attefted by only two witnefles notwith-
Handing.

[This Aa paffed March lo, 1783.]

An ACT to empower the Corporation of Harvard Col-
lege to make a legal Conveyance of a certain Lot of
Land, being the Property of the faid College.

WHEREAS John Pcchody has made application to the Preamble.
Legiflature to empower the corporation of Harvard
College to make him a lawful deed of certain land belonging
to the faid College ; which land, it appears, the Corporation
and Overfeers of the faid College have agreed fhail be con-
veyed to the faid Peabody, on certain conditions :

Sect. i. Be it therefore ena£iedb\ the Senate and Houfe of Rcp~
refentatives in General Court ajjernbledy and by the authority of the
fame. That the Corporation oi Harvard Co//<'^f, be,andthey nere- Corporation of
by are empowered to make and execute to JohnPeabody, his heirs Harvard Col-
and afligns, a good and lawful deed of the lot of land, Number a^dced°of a"ot
Two, in the twenty-fourth range in the plantation called Bridge- of land to J,
ton, on his, the faid Peabody s performing the conditions which by P«;^body.
the faid Corporation and Overfeers have been required of him i
.and a formal deed of the faid lot of land that fhail be made

Vol. I. 'G and

50 AMHERST INCORPORATED. June ig, An. iy%^,

and executed by the Prefident and Fellows of Harvard College^
or ia fuch manner as they {hall direct, Ihall be forever held to
be good and valid in law.

[This A£l palTed Manh 20, 1783^]

<-ii — ' ' ■ ■' > ■' ■ * •

Additional Adi All ACT for incorporating a Niimber of the Inhabitants of
June 17,1788. the Town of Amherjl^ in the County of Hampjlnrey

into a feparate Parifli, by the Name of the Second

Parifh in the Town of Amherjl.

Preamble. "¥"1 THERE AS a number of the inhabitants of the town of
yY Amherjl^ in the faid county, herein after named, have
petitioned this Court to be incorporated into a feparate par*
ifh, for reafons fet forth in their petition :

Sect. i. Be It therefore enaSied by the Senate mid Houfe of Rep*
refentativeSi in General Court ajpmbledy and by the authority of tht
Nathan Diclc.y'""^> That the faid petitioners, viz. Nathan Dickinfony Mofes
Jnfoii and oth- Diclzinfony John Billing, John Dickinfon, Jofeph Eaflman, Ebene*
ers, together ^gf Maftoon, Timothy Green, Pelatiah Smithy Ebenezer Dickinfon^
me*^ '^n'Am- "^^^'^ Dichinfon, Hezehiah Beldingy Ebenezer Williamsy Henry
herll', incoipo- Franklin, John Robins, Jacob Warner, Abijah WilliamSy Jofeph
rated intcMifep- RobinSy James jl-f/nV/^jfecond, Azariah Dickinfon, John Ingrahantf
arate paiilh. ^ttdre-zu Kimbdlly Samuel Henry, Nathan Perkins, Noahdiah Lewisy
Noah Ha%uL>^, Ebenezer Diclinjon, third, Jfeph Morton, Oliver
Clappy Lemuel Mo^dy, Giles Church, Ebenezer Eajlman, Nathan
Dickinfon, j'an. Nathaniel Dickinfony fecond, Gideon Moore, Stephen
Cole, Waiifili Dickinfon, Thomas Marfjall, Amariah Dana, John
Eaflfnan, Jofeph Dickinfon, David Cowls, David Rich, Simeon
Cowls, Benanuel Leach, Elihu Dickinfon, Ahner Adamsy Jofeph
Eaflmany jun. Reuben Ingraham, S'lmuel Ingraham, Reuben Dick"
infon, Clement Marfhall, Thomas Morton, Reuben Dickinfon, jun»
Ebenezer Dickinfon, fecond, Ebenezer Mattoon, jun. Amos AyreSy
Aaron Billing, Jujlus iVilUamSy Adam Rice, Gideon Lee, Jacob
JVarner, jun. Solomon Dickinfon, Levi Dickinfon, Afa Dickinfon^
Ebenezer Ligraham, Nathan Perkins, jun. EH Putnam, Zimri Dick"
iifon, Jofeph If^illiams, David Blodget, }nn. Phineas Allen, Simeon
Dickinfon, and Gad Dickinfon, together with their eftates, which
they now have, or may hereafter have and polTefs, in their own
right, in the faid town of Amherjl, be, and hereby are incorpo-
rated into a feparate parilh, by the name of the fecond parilh
in the town of Amherjl.
Inhabitants vef- Sect. 2. And be it further enaclcd by the authority aforefaid,
tid wtii cer That the inhabitants of the faid parifh be, and hereby are veft-
tain powers, g^^ with all the privileges, powers and immunities, which par-
ifh es by the laws of this Comm.onwealth, are vefted withal.

-., ., ,, Sect. 4. And be it further enaEted, ThzX. Ebenezer Mattoon,

Eben. Mattoon ^, ^ , J ..„,.. i- r>

Efq. empower- Efq. be, and hereby is empowered, to iliue his warrant, direct-
ed to call a ed to fome one principal inhabitant of the parifh aforefaid, re-
meetirg. quiring

MATTAKESSET-CREEKS. June ia. An. 1-783.. 51,,

quiring him to warn a meeting of the inhabitants of the faid pa-
ri ih, bjr law qualified to vote in pariih aifairs, to aflemble at'
fome proper time and place within the iaid pariih, to be ex-
preired in tlie fame warrant, to choofe inch officers as are necef-
fary to manage the affairs of the faid pariili, according to the
powers and authority given by this adt ; and the inhabitants
qu.ilitiei by law to vote, being fo allenibled, iliailbe, and here-
by are empowered, to choofe fuch oiHcers accordingly.

And be it further enatled^ That any other inhabitant of the „ -
town of Amherji Ihall have liberty to join himfelf to the fiiid ^^ ^.^^^>^ town"'o
fecond parifh, who fliall, Y\^ithin three nianths from the date have their
hereof, declare fuch his intention, by leaving a certificate with ■^ii^i^C'
the Secretary of this Commonwealth.

[This Aa paffed June 19, 1783.]

An ACT for incorporating the Proprietors o{ Maitakeffet-
Creeks (fo called) in the town of Edgartown, in the
County of Duke's Comity^ into a Body Politic, by the
Name of the Proprietors of Mattakclfet-Creeks ; and
alfo for the regulating and better improving the Low-
Grounds and Meadows adjoining the faid Creeks and
Great Pond (fo called) in the faid Town.

WHEREAS the proprietors of the town o^ Edgartoiuny in Preamble,
the county of Duke's County, d\d formerly grant the privi-
lege of the fifbery in Mattakeffet-Creelis., in the faid town, unto
John Butler^ Enoch Cjjffiny Benjamin Smithy John Peafe, Thomas
Vinfon,. Brotherton Daggety Timothy Daggett Trijlrani CaJJin, Ger-*
Jhom Dunham y and John Stuart, their heirs and alligns forever, to-;
gether with fuch others as fliiould from time to time be taken in
with them : And whereas they, their heirs, afligns and affociates,
have been at conliderable labour and expenfe in digging and
keeping open a water paiTage for the hlh called alewives, and
other fifh, from the fea into the pond called the great-poad,
being wholly within the bounds of the faid town of Edgartoiim :
And whereas the prefent owners and propriotors of the laidfilh-
ery have reprefented to this Court, that their being incorporated
into a body politic would remedy many inconveniences to which
they are other wife fubjett, and as it feems but reafonable and
juft that the prefent owners and proprietors of the faid fiflxei y
fliould be veiled with power to order, manage and regulate the
fame :

Sect. I. Be it therefore enaaed by the Senate ard Houfe s/ O'^"^.^" '^^'^^
ReprefentativeSy in Ge'neral Court ajfembled^ and by the authority of .A/iiittak-ir't
the fame. That the prefent owners and proprietors of the faid Citcks intcr-
Mattc^ejfet-Creeks be, and they are hereby incorporated into p'^r^tcd.
a body politic, for the purpofe aforefaid, under the name of the
proprietors of MattakeJJet-Creeksi in Edgartcwn.

Sect.

52 MATTAKESSET-CREEKS. yune 24, An. 1755.

Sect. 2. And be it further enaEled by the authority aforefaid^
In what man- That when, and fa often as the faid proprietors fliall judge a
ner mectino;s proprietors-mecting neceflary, five of them applying to a Juf-
au to e ca e . ^^^^ of the Peace within the faid county, the faid Jullice is hereby
authorized and empowered to grant a warrant for caUingthe fame,
diredted to one of the principal proprietors, to be pofted up in
fome public place or places in the faid town, fourteen days at
leaft before the time appointed for holding fuch meeting, there-
by lignifying the time, place, and bullnefs thereof ; and the ma-
jor part of the proprietors fo affembled, fhall have full power to
agree upon any other way or manner for calling meetings for the
future^ and alio to choofe a Clerk, and all other neceflary offi-
cers, who fhall be fworn to the faithful difcharge of their ire*
fpedlive trufts.

Sect. 3. And be it further enabled by the authority aforefaidf

Proprietors That the faid proprietors, or the major part of them, in any le-

empowered to g^^ meeting called therefor, may, and they are hereby author-^

neceffarvTules ^^^'^ "^"^^ empowered, from time to time, to make and agree

orders, &c. upon fuch neceflary rules, orders and by-laws, for the directing

and ordering and managing the prudential affairs of the faid

proprietors, as they fliall judge moft conducing to the peace.

To annex pen- good order and welfare of the fame, and to annex penalties

alties. for the obfervance of the fame, not exceeding twenty fhillings

for each pftence, provided that they be not repugnant tc^

the laws of this Commonwealth ; and the penalties for the

How recover- breach of any of them by any of the faid proprietors, to be re-

^^' covered by aclion of debt, before fome Juflice of the Peace in

the faid county, not being a proprietor, one moiety thereof to

him or them who fliall fue foy the fame, and the other mpiety

to the poor of the faid town.

Sect. 4. And be it further enaiied. That no perfon or perfons
Perfons pro- fhall, on any pretence whatfoever (without liberty firfl obtained
bibitcd to fet of the major part of the faid proprietors, in a meeting called for
any feme, &c. ^j^^^^ purpofe) prefume to fet, draw, or ftretch any feine or drag-
cave. ^^^^ ^^ ^^^ ^p ^^y wears, or make ufe of any other fifliing en-
gine, in any part of the faid creeks or ponds adjacent on the
faid great -pond, where the fifli ufually caft their fpawn, or at or
near the mouth of the faid creeks, fo as to take or obftru£l the
alewives or other flih that pafs up or down the faid creeks, on
Penalty. penalty of five pounds for each oft'ence, to be recovered of every

perfon thus ofl'ending, by action of debt, in any Court proper to
try the fame, one moiety thereof to him or them who fliall fue
for the fame, :?nd the oth^r moiety to the ufe of the poor of the
faid town.
Preamble ^^^ whereas there are divers trafts of low-grounds and mead-

ows adjoining the creeks and great-pond aforefaid, which low-
grounds and meadows are owned by divers perfons who are dif-
ferently affefted by the draining the water off from the faid

great-pondx

HOLLAND. >/)/ 5, An. 1783. 53

great-pond, and feveral fmaller ponds adjacent to the aforefaid
creeks j and as application has been made to this Covn-t by the
proprietors of the Taid creeks and the low-grounds and meadows
afFeded thereby : Wherefore, for the appointment of Commif-
iioners of fewers for the better ordering and regulating the fame.

Sect. 5. Be it further enacted^ That the Governor, with the
advice of Council, be, and hereby is empowered, from time to
time, at the reqneft of the major part of the faid proprietors, to ^1^^'^^™°'' ^^^
appoint three able and difcreet perfons to be Commiilioners of pr.wered to apl
lewers, whofe bufinefs it ihtall be to meet and convene together point ComiKif-
from time to time, as occaiion may require, and view the prem- I'oners of few-
ifes, and determine by what ways and means, at Avhat times, and
to what particular depth, the water fhall be drained from otf the
great -pond aforefaid, having particular regard as Avell to the low-
grounds and meadows adjoining the great-pond and creeks
aforefaid, as to the filhery in the faid creeks, and to <letermine
according to the value and importance, and the advantages and
benefits ariimg from each.

Sect. 6. And be it further enacted by the authority aforefaid.
That the faid Commiffioners fhall determine what part or pro- Commiffionfrs
portion of labour or expenfe the proprietors of the faid low- expenre/°"
grounds and meadows, and the proprietors of the faid creeks,
refpe6tiveiy, iliall be at, in digging and keeping open the faid
creeks, or any other neceflary expenfe arillng from the fame ;
and if by any order or procedure of the faid Commiffioners for
the mutual benefit, it fhould fo happen, that any individual In cafe,
fhould be damaged in his lands or propriety, the damage fo done
ihall be recompenfed by fuch proprietors as the faid Commif-
fioners fliall order, having regard to each one's intereft therein,
or as fhall be ordered by the Court of General Seffions of the
Peace in the faid county, upon inquiry into the fame by a jury
fummoned for that purpofe ; and in all other matters refpefting
the premifes, the faid Commiffioners fhall proceed agreeable to Commiffionert
the laws of this Commonvi^ealth, already made and provided for *" '!V'i"'^*^k *'
the dire^ion of Commiffioners of fewers.

[This kSt paffijd June 24, 1783.]

<An ACT to incorporate theEaftParifli oi South- Brijiifield, Aaaitionai
in the County of Humpfloire^ into a Diftricl by the ^'^^'^ ^'^'^' *•
Name of Holland.

WHEREAS the inhabitants of the eaft-parifli in the faid preamble.
South-Bri7nfeldy have reprefented to this Court the ma-
ny inconveniences they labour under, arifing from their connex-
ion with the faid South Brimfield : For the i-emedy thereof,

Sect. I. Be it enaEledf by the Senate and Houfe of Rtfrefinta-
tiveSy in General Court ajfanbledy and by the authority of the favu\
That all tl;e lands and inhabitants of South-BrimfeLl aforefaid,

lying

54 HOLLAND. July 5, An. 1783.

South Brim- lying and Being on the eaft fide of the county road leading
fncoAo^ra^ed "" *"'"°^^ Brimfeld to Union, in the State of Connettzcui, called and
into a didria known by the South-Meadow road there ; be, and hereby are
by the name of incorporated into a diftri£l by the name of Holland, and inveft-
Hoiiand, and ^^ ^^j^j^ ^ ^^ powers, privileges and immunities that diflricls
certain powers. "^"^ ^his Commonwealth are entitled to according to law, or da
or may enjoy.

Sect. 2. And it is further enabled hy the authority afcrefnrd, Th^it

Efq" oiipowcr" -^^"^^ Morgan of Brimjield, Efq. be, and he hereby is empow-

ed to call the cred and required to ifliie his warrant, direfted to fome principal

firii meeting, inhabitant within the faid diftridl of Holland^ directing him

to warn the inhabitants of the faid diftricl, qualified to vote in

town affairs, to afiemble at fome convenient time and place in

the fame diftridl, to choofe all fuch town officers as by law are

to be chofen annually in the month of March.

Inhahitants to Sect. 3. Provided neverthelcfs, The inhabitants of the faid

pay their pro- diftrift of Holland fhall pay their proportionable part of all fuch

portionable town, county and State taxes, as are already or may hereafter

part of their ^^ ^flefled on the town of Sotith-Brimfield, aforefaid, until the

faid diftrift of Holland and the faid town of Scuth-Brimjieldy by

their Selectmen or otherwife, fhall agree upon the proportion

of public taxes the faid diflri£l of Holland and the faid town of

South-Brirnfieldj fhall refpedlively pay, and until the General

. Court fhall lay a tax upon the faid diftridl of Holland,

Sect. 4. And it is further enaBed by the authority aforcfaidy

Inhabitatits en- That the inhabitants of the faid diflrift of Holland be entitled,

titled to receive and they hereby are enabled, to demand and receive of the

tion'^ of^^afmr ^^^^ town of South-Brimfeldy their juft proportion of arms and

ammunition, * ammunition and town ftores, and of all public monies that have

&C' been afTefled or colledled for fchooling or otherwife, for the

public ufe of the faid town of South-Brimfieldi and have not been

expended for the purpofes defigned.

ScleAmen of Sect. 5. And it is further enaBedy That the Selectmen of

South Brim- the faid South-Brimfeld, fifteen days at leaft before the time of

field to give choofing a Reprefentative for the faid town, fhall give notice

notice relative ^^ ^j^^ ^jj^g ^j^^ place by them ordered for that purpofe, to the

of a Reprefen- Selectmen of the faid diflri£l of Holland, in writing under their

tative. hands, to the intent the Sele<Stmen of the faid diftridl may ifTue

their warrant to the Conflable or Conflabies of the faid dif^ridl

to warn the inhabitants thereof to meet with the faid town of

South Brimfeld, at time and place fo appointed for the choice

of a Reprefentative.

[This Aa pafTed July 5, 1783.]

SALEM, EAST PARISH. 7«//.5, An. 1783. S5

An ACT to empower the Proprietors of the Meeting- Explanatory
Houfe in the Eaft Parifh in Saletn, to raife Money by ^^' ^^^- **'
a Tax on the Pews and Seats in the faiJ Meeting- *''* '
Houfe, to fupport a Colleague to their prefent Min-
ifter, and making Provifton for the Dilfolution of the
faid Parifh.

WHEREAS application has been made to this Court, by
the proprietors of the meeting-houle in the eaft parifh preamtl*.
in Salem, deliring that they may be empowered to raife money
by taxes on the pews and feats in the faid meeting-houfe, to
enable them to procure and fettle in the work of the miniftry
in the faid meeting houfe, a colleague to their prefent Minifler ;
Sect. I . Be it hereby enacted by the Senate and Hoi/fe of Rep-
refentatives, in General Court ajfembledf and by the authcriiy of the
fame, That the proprietors of the faid meeting-houfe be, and p-oprictoM
hereby are authorized and empowered, to raife by a tax on the empowered to
pews and feats in the faid meeting-houfe, fuch fum or fums as ^^ P<^ws, &.c.
the faid proprietors, at a legal meeting called for that purpofe,
{liall agree upon, for the purpofe of procuring and fettling
a colleague to their prefent Minifcer, and after the deceafe of
their prefent Minliter, for defraying the minifterial and all other
charges incident thereto, and that the firft and future meetings jjo^ mcetingt
of the proprietors of the faid meeting-houfe thall be called as of proprietors
directed in an aft made in the year one thoufand feven hundred ^^^ ^^ ^^ called,
and thirty-iive, directing how meetings of proprietors in wharves
or other real eftate may be called, and at fuch meetings to
chcofe all officers necelTary to manage and tranfadt all the laufi-
nefs of the faid propriety.

Sect. 2. And be it farther enaBed, That the faid pevv's and pews and feats
feats Ihall be taxed and pay towards the faid charges according to lie taxed ac-
to their valuation, having rtfpecl to their conveniency and fit- cording to their
uation, which valuation iLall be put thereon from time to time ^'^ "^"°"-
by the faid proprietors, or their Committee, as may be found
necelTary ; and all fuch taxes or afTeflments fhall become payn- Tares, v.-hen
ble in thirty days from the time the Collector fhall give notice payable,
thereof to the proprietor or owner of the pew or feat aflefled ,
and if fuch proprietor or owner fhall not forthwith pay fuch tax
or alfeflment, fuch proprietor or owner fhall be liable to, and In cafe,
pay over and above the faid tax or afleffi-'u at, after the rate of
fix per cent, per annum thereon till paid, and if not paid in one
year from fuch notice, the proprietors may, and they are hereby
empowered, by themfelves or their Committee, to fell or difpofe
of the pew or feat of fuch delinquent proprietor or owner, ac-
cording to its valuation, and after deducting all taxes due thereon,
and the faid fix per cent, per annum, from the time the fame
became payable, and the charges of lale, the overplus (if any)
fhall be paid to the perfpn fy delinquent.

Sect.

STOW, MARLBOROUGH. >// ii, An. 1783,

When the par- '"^PCT. 3. And be it further enaBed^ That from and after the

i(h fliaii cciic, death of the prefeut Miuiller of the faid parifli, the fame fhall

how thj minif- ceafe to be a parilh, and the miniftry iliall thereafter he fup-

ooncd" ^ "^" po^*^^*^ within Inch parts of the faidtownof Salem, as conflitute

the faid pariih, by proprietorlhip, in the meeting-houfe or meet-

ing-houfes which is or may be therein, as in other parts of the

faid t(nvn of Salem.

Former
declared
and void.

Sect. 4. ^/id be it further enncledy That all former laws en-
nujl abling the faid parifh to lay any tax on the pews or feats in the
faid meeting-houfe, be, and they are hereby declared null and
void.

[This Aa pafled July 5, 1783.]

Preamble

Boondaries.

An ACT for altering the Line between the Towns of
Stow and Marlborough.

WHEREAS the towns of Stow and Marlborough have
heretofore had a difference refpetSting the perambulat-
ing the line betwixt the faid towns, by reafcn of a very crooked
line, and to end all controverfy have agreed to ftraighten the
line : And whereas the faid towns have petitioned this Court,
and earneftly requelled that the following line may be eftabliih*
ed for the future :

Sect, i . Be it therefore enaBed by the Senate and Houfe of Rep-
refeiitativesy in Getieral Court ajfe/nbled, and by the authority of the
fame. That in future the dividing line between the faid towns
■llrall be as follows, vit;. Beginning at a heap of ftones in John
Smith's orchard, being a boundary of Stow, Marlborough and
Bolton ; thence eaft, thirty degrees north, eighty-fix rods, to a
heap of ffcones, by the fence between the land of John Woolley
and Benjamin Whetcomb ,• thence eafc, thirty-one degrees fouth,
four hundred and feventy-eight rods, to a heap of ftones, near
Duni^s chimnies ; thence fouth, four degrees eaft, one hundred
and eight rods, to a heap of ftones, an old boundary between the
faid towns ; thence eaft, twelve degrees north, one hundred
and forty rods, to a white-oak tree marked, by the river ; thence
by the river to vrhere fe^vefs brook empties Into the river ;
thence by the faid brook to a ditch •, thence by the faid ditch,
running eaft, feven degrees fouth, fifty-lix rods, to a white-oak
tree marked ; then .t eaft, four degrees fouth, one hundred and
fifty-eight rods, to a pine ftump, and ftones, northerly of Ranif-
horn-Mcr.doiu, (fo called,) an old boundary betwixt the faid
towns ', thence eaft, tv/enty-fix degrees fouth, four hundred
and fixty rods, to a large pitch-pine tree marked, in Sudbury
town line.
rnhabitantsand Sect. 2. And be it further enaFted., That all the Inhabitants
lands on the ^nd lands therein, on the northerly fide of the line aforefaid,
belong to" the ^^- ^6 confidercd as belonging to the town of Stow ; and all
tovfn of Stow. the

LdlStGMEAD6#. Gdober 13, An. 1783. 57

the inhabitants and lands belonging to the fald towns, on the -phofe on the
foutherly fide of the faid line, fhall be conlldered as belonging ibuth to belong
to the town of Marlborough, any law to the contrary not with- ^° ^^^ town of
landing. Madborougn,

Sect. 3. Provided ne-oerthelefsj The inhabitants of the faid
towns fhall pay their proportionable part of all taxes which are '^°^' **"
already afTefled upon them, to the refpeclive towns to which
they have belonged.

[This A£l: paiTed July 11^1783.]

An ACT to incorporate the Second Parifn in Spring-
jield^ called Longnieadow^ into a Town by the Name
of Longmeadow.

WHEREAS it is reprefented by the inhabitants of the Freamtl«;
faid parifn; that they labour under great burdens and
inconveniences by reafon of their iltuation, and the feparate in-
terefts in the faid tov;rn ; and it appears to this Court to be ex-
pedient that the laid pariiii be incorporated into a feparate
town :

SecTi t. Be it enaBed hy the Senate end Hra/e of Rcprcfenta-^
iiveSf in General Court affembled, and by the authority of the fame.
That the fecond parifli in Springfield, called Lotigmeadotu, in the
county of Hampjhire^ ^nd all that tracH: of land known by that
name, and bounded as follows, viz, "Wefl on ConneElicut-Rivery Boundaries,
fouth on the towns of Ssmers and Enfield.^ eaft on Wilbrahamf
and north beginning at the mouth of Pecoitfuck-Braok (fo called)
and running eaft on the parifh line to the town of Wilhrahaniy
be, and hereby is incorporated into a town by the name of
Longmeadoiv, with all the powers, privileges and immunities that y ix
towns within this Commomvealth have or do enjoy j and that meadow to pf?
the faid town of Longmeadoiv pay its juft proportion of public their jutl pro=
taxes afTelfed on the fiid town of Springfield, agreeable to the pof^'o""^**"**
prefent valuation, and until a new valuation is taken, and bear "°"*
its due proportion of the expenfe and charges towards the fup~
port of the prefent poor thereof, and pay its proportional part
of the public debts now owed by the faid town, and receive its
fhare of public monies and debts now due to the faid town
and the common flock thereof, in the fame proportion th^t
they paid to the laff: State tax afTelTed on the town of Sprhn^fiei'd,

Sect. 2. ylnd be it further enacted, That the Honorable
John Blifs, Efq. be, and he is hereby empov/ered, to iffue his iVon. ^oh- silfc
warrant to fome principal inhabitant of the faid town o£ Lofy. £fq. to c. -iti.*
meadow, requiring him to call a meeting of the laid inhabitants. ^^^'' "''^'--'^S'
in order to choofe fuch officers as by law towns are empowered
to choofe in the month of March annually.

[This Act palTed O^-'c'i^ir 13, 1783]

Vol. I. H

ORANGE.

Odober 15, An. 1783*

Pieamble.

Baundades.

An ACT for creeling the Southeafterly Part of the Town
of Warwick^ and a Tra6t of Land called Er-ving/hire,
lying on the Northerly Side of Miller's-Rlver, in the
County of Hampjhire, and the Northwefterly Part of
the Town of Jtbol, and the Southwefterly Part of the
Town of Royalj^on, in the County of Worce/ler, into a
feparate Diftricl, by the Name of Orange.

WHEREAS the inhabitants of the foutheafterly part of
the town of Warivickf tl tra£l of land called Erving-
JJj'tre, lying on the northerly iide of Mi/kr's-River, in the coun-
ty of Hambjhire^ the northwefterly part of the town of Athol^
and the fouthwefterly part of the town oi Royaljiony in the coun-
ty of TVorcefter-, have reprefented to this Court the difficulties
thev labour under in their prefent fituation ; and apprehend-
ing themfelves of lufRcient number and ability, requeft that
they may be incorporated into a diftridl :

SfiCTi I. Be it therefore enacled by the Senate arid Hoiife of Rep-
refetitativeSf in General Court ajjembled, mid by the authority of the'
faniei That the fouth-eafterly part of the town of Warwick, and
a tra£l of land called Ervingjhire, lying on the northerly fide
of Miller^ s-River, in the county of Hampfhirey and the north-
wefterly part of the town oi Athol, the fouthwefterly part of the
town of Royalflon, in the county of Worcefer, bounded as fol-
lows, viz. Beginning on the weft line of the town of Athol, at
Miller' s-River ; thence on the faid Hne to the road leading
from Rugglcs's farm to Jl^cjl-Hill^ fo called ; thence bounding
on tlie faid road, including the fame, to the county road lead-
ina; from Athol to Wariuick ; thence eafterly on the faid road
to the fouth line of Shcrcbiah Baker's land •, thence on the faid
fouth line, and to extend the fame courfe to Tully-River ; thence
northerly on the eaft branch of the faid Tully-River, to Royals
Jhn line ; thence eaft on the LxuX Royal/lonVme, to the foutheaft
' corner of lot number twenty-three ; thence northerly on the
eaft line of the invae lot, and lot twenty-two, dividing lot num-
ber twenty-lix ; thence wefterly on the fouth-end of lot num-
ber twenty ', thence northerly on the eaft line of lot number
fix ; thence wefterly on the north line of the fame lot ; thence
northerly on the wefterly fide of lot number nine ; thence
wefterly on the fouth line of lot number eleven, to the weft
line of the faid town o£ Royal/ron ; thence northerly on the faid
town line, to the northeaft corner of lot number forty-five, in
the fecond divifion in M^arwick ,• thence wefterly on the north
line of the fame lot, to the northweft corner thereof; thence
foutherly to the northeaft corner of lot number forty-one ;
thence wefterly to the northweft corner of the fame lot ; thence
foutherly to the northeaft corner of lot number thirty-four to
the northweft gorner of the fame j tlxeace foutheaft to the

northeaft

ORANGE. Oaoher 15," An. 1783. '59

northeaft corner of lot number twenty-four ; thence fouth to
the northeaft corner of lot number fifteen ; thence fouth, in-
cluding lot number thirteen, to Warivick fouth line •, thence
fouth, ten degrees weft, acrofs the land of John Erving, Efq.
to Miller' s-River ; thence eafterly on Miller's-Rheri to the « . .

bounds firft mentioned ; be, and hereby are erected into a dif-
trid by the name of Orange ,- and the inhabitants thereof here-
by are inverted with all the powers, privileges and immunities,
which the inhabitants of towns within this Commonv/ealth do
or may by law &njoy, that of fending a Reprefentative to the
General Court only excepted.

Sect. 2. And be it further enaBed by the authority aforefaid, Diftriift of Or-
That the inhabitants of the faid diftricl of Orange ihall pay their ange to pay
proportion of all taxes already granted to be raifed in the feve- tio^n^of ^g^esall
ral towns from which they were refpeftively taken. ready granted.

Sect. 3. And be it further enatled by the authority aforefaid^
That the inhabitants of the faid diftrift of Orange be, and are The inhabit-
hereby obliged for the future to be at fuch a proportion of the amsofi'aid dif-
expenfe of maintaininsf the tvro bridges over Miller s and the ^'^^ '° P^^
lully-Kivers m tne great road, as thole mhabitants taken irom tjon of expen-
Athol were fet at in the laft valuation made in the faid'toAvn. fesinmaintaln-

Sect. 4. And be it further ena^ed, That in cafe Aaron Smith ingtwo bridge*
and his fon, living on the fame farm, fhall at any time within In cafe.
one year return a certificate into the Secretary's oflice, of their .
defire to belong to the town of Atholy they with their eftates
fhall be confidered as belonging to the fame.

Sect. 5. And it is further enacled, That the faid diftrifl The dlflria: 'to
may join with the town of Warnvick in the choice of Repre- jo'" with the
fentatives ; and the Sele6lmen of the fiiid town of JVariuick *""'," °^ ^^J'
ihall give notice annuauy, under txieir hands, in writing,, ot the choice of Rsp-
time and place of meeting, to the Clerk of the faid diftrift, ten reidiitatlves.
days at the leaft before the holding the fame ; the Reprefenta-
tive may be chofen indifferently from the laid town or diftri(5t-;
the pay or allowance to be borne by the town and diftrift, in .
proportion as they fhall from time to time pay to the State tax j
and that the faid diftri6t fhall be confidered as part of and to
belong to the county oi Hampfljire. .. >• k"

Sect. 6. And it is further ena5lcdy That Samuel Williams^ sa^^yei wili
Efq. be, and hereby is empowered to iliue his warrant, direfted-Jiams, Efq. to
to fome principal inhabitant, requiring, him to warn and give f^'l t'^^ ^^rft
notice to the inhabitants of the faid diftrifl: to affemble and '"^^"^'"S-
meet, at fome fuitable time and place in the faid diftri<^, to
choofe all fuch officers as towns by law are required to choclb
at their annual town-meeting in the uionih of Mard\

£This A<^pa{red OFrjbtr 15, 1783.].

6<y CONCORD, &c. EPJDGE. Oaobcr 22, An. i;^^

4.n ACT for ratifying and confirming an Agreement

between the Towns of Concord and Lincoln, for the

more convenient building and repairing the Bridges

over the Great River in the faid Towns.

preamble. 'W"T THERE AS in and by the Aft of the General Court, pafP

Y V ^'^ ^" j^prii, one thoufand f even hundred and fifty-four,

for incorporating the town of Lincolfi, provilion is made that

the faid town of Lincolu fhall pay their proportion (agreeable

to what the inhabitants taken off from the town of Coficord by

the act aforefaid, paid in the then laft tax) of the charges of

building and repairing a bridge or bridges over the great river

in the aforefaid to-'.vns of Concord and Lincoln :

And whereas it appears to this Court that the aforefaid towns
have entered into a mutual agreement, that for the future the
tovm of Concord iliall make and maintain the whole of the twa
lower bridges over the faid river, with their feveral buttments,
and tv/enty-one feet and nine inches of the wefterly end of the
moft foutherly bridge, with liberty of building the buttment at
the faid wefterly end of the faid bridge llx feet and nine inches
further into the river than the prefent, and build and maintain
an arch fifteen feet long ; which is to be confidered as the full
of Concordes part of the prefent bridges j and the town oi Lin-
coln to build and for the future maintain the rem.ainder of the
moft foutherly bridge aforefaid, together with the eaft buttment
of the fame ; the town of Lincoln having free liberty to bring
the ends of their ftring-pieces on the arch which the town of
Concord Ihall build s which is to be confidered as the town of
Lincoln's full part of the prefent bridges :

And whereas it has been moved to this Court to ratify and
confirm the aforefaid agreement :

Sect. i. Beit therefore enaEled by the Se}iate and Houfe of
ReprejhitativeSf in General Court ajfemblcd, and by the authority of
Towns ^fCon- ^j^^ famey That the aforefaid agreement fliall be and hereby is
coTn ^to pay ratified aiid confirmed, to all intents and pm-pofes ; and that
their refpedive each of the towns aforefaid fliall be held and obliged to build
proportiotii of ^-^^^ maintain their refpeilive proportions of the bridges afore-
feruin bridges ^^-^^ as fpecified therem, the aforefaid Aft notwithftanding.

And whereas the wefterly buttment of the moft foutherly
bridge before-mentioned, which is allotted to the town of C'ow-
cord tc build and maintain, has been fince the making the afore-
faid agreement, built with ftone fix feet and nine inches fur-
ther into the river than the place where the old buttment then
ftood :

Sect. 2. Be it therefore enaEled by the authority aforefaid^ That
the ftone buttment where it now ftands, fhall forever be the
place from which the fifteen feet for the town of Concord to
^uild and maintain an arch fliall be meafured.

[This Aft paiTed Ofiobtr 22, 1783.]

EPISCOPAL SOCIETY. February 12, An. 1784, 61

An ACT for incorporating certain Perfons therein na-
med into a Society by the Name of the Btj/ion Epif-
copal Charitable Society.

WHEREAS a number of perfons, members of the epifco- Preamble,
pal church, did in the year one thoufand feven hun-
dred and twenty-four, in the town of Bojlon^ form themfelves
into a fociety for charitable purpofes, which fociety ftill contin-
uing, have raifed a very confiderable {lock, out of which they
have from time to time contributed to the laudable purpofes
aforefaid ; and the perfons fo affociated, finding themfelves un-
der difficulties for want of an incorporation, and having peti-
tioned this Court for an hSi remedial of fuch difficulties ; and
the intentions of the faid perfons appearing to this Court de-
ferving encouragement :

Sect, i . Be it therefore enaBed by the Senate and Houfe of Rep-
refentativesy in Genera/ Court aJJ'embledy and by the authority of the
fame. That John Ronve, Stephen Greenleafj Ralph Inman^ Darticl Mcmbersofthe
Hubbard^ John Cutler^ Richard Greene^ John Hajkins, Benjamin epifcopal focie-
Greeney Naiha?iiel Greene, Jofeph Greene y Thotnas Iversy James fy'"'^"''F"^^'
Perkinsy Reverend Samuel Parker, Thomas Kajly John Amoryy jtic.
junior, William Turnery Oliver Smithy Samuel Dumiy junior, Wil-
liam Tudory James Lloydy Thomas Amory, George Liijloy Jabcz
Hatchy James Freeman, Samuel Wallis, Jofeph Heady and Samuel
Smithy the members of the faid fociety, be, and they hereby
are incorporated, and made a body politic, for the aforefaid
purpofes, by the name of the BcJlon Epifcopal Charitable Socie-
ty, and that they, their aifociates and fucceflbrs, have perpetu-
al fucceffion by the faid name, and have power to make by-laws To »"=»^e ^1-
for the prefervation and advancement of the faid fociety, not 'a^siotrcpu^-
repugnant to the laws of this Commonwealth, with penalties j^^^g ^f tlii*
either of disfranchifement from the faid fociety or of a mulct Conmon-
not exceeding twenty IhillingSj or without penalties, as fliall wealth.
feem molt meet.

Sect. 2. And be it further enaBed, That the faid Bcjlcn
Epifcopal Charitable Society be, and they hereby are authori- cjpcjgfy ^^ },a^g
zed and empowered, to make, appoint and have a common feal ; one common
and are hereby made liable to be fued and enabled to fue and f^^'. ^nd to luts
defend in their faid corporate capacity, in any of the Courts of ^"'^ ^^ ^"^*^"
Record or other Courts of law of this Commonv/ealth j and
are hereby licenfed and empowered to make purchafes, and to
receive grants and donations of real and perfonal eftates, and to
hold the fame for the charitable purpofes aforefaid, provided
the rents of the real eftate, together with the interell: of the
perfonal eftate, fhall not exceed thefum of nine hundred pounds,
and to manage and difpofe of fuch eltates as to the faid corpo-
ration fhall appear fit. V

Sect. 3. And be it further enacted by the authority aforefaid.
That the faid fociety be,, and they hereby are invefled with full

pov/er

Society em-
powered to r.f-
femble and e-
Iccft a Prefi-
dent,Vice-Pre-
fidcnt, Treafu-
rer, and fix
Truftces, and
iu.c'a other offi-
cers as they
ihalljudge I'uit-
able.

Time fixed for
meeting.

JACOB SMITH, S:c.

February 12, An. 1784,

Provifo.

Pfovifo.

power and authority to alTemble on any one Tuefday in either
of the months of March or Jprii next, for the purpofe of ap-
pointing a. Prefldent, Vice-Prefident, Treafurer, and fix Trus-
tees, together with fuch other officers as by them Ihall be ad-
judged fuitable, and to appoint their common feal, and to make
by-laws within the reftridlions aforefaid ; and the faid officers
fo appointed, Ihall continue until others fhall be appointed in
their room. And the faid fociety fhall meet on any one Tuef-
day in either of the months of March or Aprils as they fliall
from time to time, or at any time, agree, annually, afterwards,
at BoJlotJ, for the purpofe of chocfmg a Prelident, Vice-Prejfi-
dent, Treafurer, and fix Truftees, and fuch other officers as
they fhall think proper ; and to make, alter or annul their by-
laws. And if by reafon of any emergency, the buiinefs of this
annual alTembly cannot be completed on the faid day, they
may adjourn once to a fhort day to finifh it, and no more ; and
the faid fociety may alTemble as often as they may agree on, for
tranfafting all other bufinefs. And whenever any of the offi-
cers of the faid Society fliall die, or be difabled, or remove out
of this State, the members of the faid fociety are hereby author-
ized and empowered, at their next meeting, to eledl and ap-
point others in the room of the officers fo removed. And all
inflruments which the faid fociety fhall lawfully make and ex-
ecute, fhall, when in the name of the faid fociety, and purfu-
ant to the rules thereof, being figned and delivered by the Pref-
ldent, Vice-Preiident, or Treafurer, or, fuch other perfon as
the faid fociety fhall appoint, and fealed with their common
feal, bind the faid fociety, and be valid in law.

Sect. 4. Provided alivaysy atid it is further enacled^ That th^
members of the faid fociety fhall at no time exceed the num*
ber of one hundred. And the Governor of this Common-
wealth is hereby authorized and em.powered, to give a charter
of incorporation, under the feal of the Commonwealth, to the
aforementioned perfons and their aiTociates accordingly.

Sect. 5. Provided alfo^ That nothing contained in this A£l
fhall be conftrued, as implying any degree of fubje£tion of the
fociety by this A€t incorporated, or of any other fociety in this
Commonwealth, to any foreign potentate, prelate, or jurifdic-.
tion whatfoever.

[This Aft pafTed February 12, 1784.3

Prcambls.

An ACT to fet off Jacob Smith, Jofcph Kingjhury, Jfaac
Smith, and Enoch Ellis, from the Town of Walpole, in-
the County of Suffolk, and annex them to the third
Parifh in the Town of Dedbam, in the faid County.

HEREAS Jacob Smith, Jofeph Kingjhury, Ifaac Smithy
and Enoch Ellis, have petitioned this Court, That for

their

JOHN GARDINER, &c. February 13, An. 1784. 6^

their more conveniently attending the public worfhip of God,
they, with their polls and eftates may be fet off from the town
of Walpoky and annexed to the third parifh in Dedhanty and the
faid third parifh have fignified their confent thereunto :

Sect, i . Be it enaEied by the Senate and Houfe of Reprefenta-
i'ivesy in General Court ajfemhledy and by the authority of the fame.^
That the abovefaid Jacob Smithy fojeph Kingfhury^ Ifaac Smithy Jacob Smith
and Enoch Ellis, with their polls and eftates, be, and they here- ^"^ f ^"^ ^^'

n n' r 1 r yrr i i i O" ^^^VCl the

by are fet oft from the town or IVaipoley and annexed to the town of Wal-

third parilh in the town of Dedhamy and fball forever hereafter pole,aridannex-

be conlidered as belonging thereunto, there to do duty and en- ^^ '° ^^^ ^}^^^f
.n•^^ 00 ' J panlh m Ded-

joy parifli privileges. [^n,.

Sect. 2. Provided neverthelefsy That the feveral perfons p .r

abovenamed, fliall pay their proportionable part of all taxes

which are already affelTed on the faid town of Walpoky in like

manner as though this Adt had not been made.

[This A<5t palTed February 12, 1784.]

An ACT declaring and confirming the Citizenfhip of Additional
Joh7i Gardiner, Efq. Barrifter at Law, Margaret Card- tyt;.^*^"' *'^'
iner, his Wife, and of Ann Gardiner, John Siivejier
fohn Gardiner, and William Gardiner, their Children.

WHEREAS the faid John Gardiner was born in Bofon, PrcamHe.
the metropolis of this Commonwealth, and while a mi-
nor, was by his father fent to Great Britain for his education,
where for a fucceffion of years he remained a diftinguifhed
friend to, and through a viciffitude of fortune hath continued an
avowed and inflexible alTertor of the rights and liberties of his
native country, and a bold oppoier of the enemies thereof ;
and having lately returned to relide in the faid metropolis, and
foon expelling his faid wife and children, he and they ought
to be declared free citizens of the faid Commonwealth :
Therefore,

Be it enaEied by the Senate and Houfe of Reprefentativesy in Gen-
eral Court ajjembledy and by the authority of the fame, Tb«t the faid
John Gardinery Margaret Gardiner, John SilveJler John Gardinery Entitling John
and Williatn Gardinery are hereby declared to be, and they are '^^f^'"'^!;' *:|*1'

r • • c ^ • n< 11 1 r . 11 and his lamily,

tree citizens or this L-ommonwealth ; and as luch are, and here- ^o the privilc-
after fliall be, confidered, acknowledged and known, to all in- ges and immu-
tents and purpofes whatfoever, and entitled to all the privi- 'V'.'*^^ '^^ ^^^*
leges and immunities of free citizens to all intents and purpo- "''^''"'*
fes, in as ample a manner as if they had been inhabitants in,
and citizens of the Commonwealth, at the time of forming of
the conllitution of the fame.

[This Act pafled February 13, 1784.]

64 KENT'S ISLAND. March i, An. 17^4.

An ACT for apportioning and eflabliniing the PofTef-
fions of the Heirs at Law oi Richard Kent, Son o^ Rich'
ard Kent^ hneoi Ne-wbury, deceafed, to a certain Ifland
Called Kent's Illand, in Nciobury aforefaid.
PrsArcblc "^T THEREAS the faid Richard Kent, tne father, by his laf^
V V ^""'^^ ^^<i teftament, bearing date theilxth day of i^/«_)',
in the year of our Lord one thoufand feven hundred and for-
ty, among other things did devife. That his fon Rjchcti-d zhovc'
faid, fhould have and enjoy the whole of the illand abovefaid,
during his natural life, and after his deceafe, that his eldeft
Ton Ihould have and enjoy the fame as an eftate tail to him>
and the heirs male of his body forever, which faid laft will and
teilamcnt was afterward duly proved and approved ; and thft
laid Richard the fon, on the death of his father, entered into
pofleffion of the premifes devifed as aforefaid, and thereof died
feized, leaving iilbe, Stephen Kent, and Jofeph Kent, twin broth-
ers, and Mofds Kent, a younger brother, his fole heirs, and
thereupon the faid Jofeph and Stephen entered into the poflef-
lion thereof, and ftill hold the fame ; and by reafon of fonie
lingular and extraordinary circumftances attending the birth of
the faid Stephen and Jofeph, it remains wholly uncertain which
is the eldeft fon, although a fuit at law, and the verdifts of two
juries have been had to determine the queflion. By which
uncertainty great difficulty and contention may further hap-
pen among the heirs of the fame Richard, to the utter ruin of

■ the improvements and cultivation of fo valuable an ifland, and
to the difquiet of divers other good citizens : For preventing
of which,

Sect. I . Be it enacted by the Senate and Houfe of Reprcfentati've}y

in General Court affembkd, afid by the authority of the fame, That

Juftices of the the Juftices of the Supreme Judicial Court, on the application

ciirSur^^'lt "^ ^^^ ^'"^^^ y^f'^P^y Stephen and Mofes, or on the application of

caufe a parti- either of them, his or their heirs, Ihall caufe partition of the

lion of Kent's faid ifland to be made •, and by like procefs as is prefcribed for

Ifland. dividing of other real eftates, on application to the faid Court,

one-third part of the faid ifland Ihall be afligned and fet out

by proper metes and bounds to the faid Stcphtn Kettt, or his

heirs ; one third part to the faid Jofeph Kent, or his heirs ; and

one-third part to the faid Mcfes Kent, or his heirs, or to either

of them or their heirs, who fhall apply in manner aforefaid.

■ And on the making and completing any partition and aflign-
ment in manner aforefaid, the party to whom fuch aflignment
fhall be made, or his or their heirs, in Cafe of the death of fuch
party, may enter into and take pofl'eflion of the part fo affigned,
which pofleflion taken as aforefaid, Ihall be deemed, taken and
held as a right and lawful pofi^efTion in the parly, perfon or
perfons taking the fame as aforefaid, and in his or their heirs
forever after.

Sect.

BENJAMIN WHITE. March 5, An. 1784. (Ss

Sect. 2. P/--/-jiWfJ^/wj!;'j-,T'hattKisA£l{hall never be deamed, Provifo.
conftrued or adjudged any bar to any right or action of any per-
fon or perfons claiming and demanding the aforefaid devifed
premifes, or any part thereof, as eldeft fon of the faid Richard,
the dcvifee, or as heir male, or heirs male of the body of the
faid eldeft fon.

[This A£t palTed March I, 1784.]

An ACT for fettling the Eftate of Benja??iin White, late
of Brook/inc, Yeoman, deceafed, according to the In-
tendment of the lad Will and Teftament of the faid

Benjamhi.

"HEREAS Benjamifi White, late of Breohline, m tne Preamble
county of Siiff'olk, yeoman, on the fifth day of Novem-
ber, in the year one thoufand fevcn hundred and feventy-fix,
made his laft will and teftament, which will and teftament kath
been duly proved, approved and allowed ; and therein, among
other things, devifed to Sarah his wife, a certain part of the in-
come of his real eftate, during her life, and ordered that his re-
al eftate fhould at the death of his faid wife be equally divided
between his two fons Thomas and Benjamin : And whereas the
laid Sarah is now alive, and the faid Thomas has lately deceafed,
leaving ifTue, lawfully begotten, Sarah White, Eleanor White,
Elizabeth White, and Thomas White, his only children and heirs,
&nd alfo leaving Luraina White, his v/idow ; and it appearing
that the faid Thomas, deceafed, did not take any eftate by the
•will aforefaid in his life-time, his faid mother having furvi-
ved him ; and the guardians of his faid children, his faid mo-
ther, his widow, and all the heirs of the faid Befijamin, decea-
fed, having united in their petition and requeft to the General
Court, that the fhare of the fame eftate which would have
come to the faid Thomas, deceafed, if he had furvived his faid
mother, fliall, by an A61 of the General Court, be fettled on the
children aforefaid of the faid Thomas, deceafed : And whereas
it appears by the certificate of the guardians of the faid chil-"
dren, and by their petition exhibited, that the faid Thomas, in
his life-time, for the cohfideration of five hundred pounds, law-i
ful money, paid him by Benjamin White, of the faid Brookline,
his brother, agreed with the faid Benjamin to releafe all his the
faid Thomas's right to the land mentioned, and intended to be
devifed, to wit, all the real eftate of the faid teftatot mentioned
in the will aforefaid, excepting a farm in the faid Brookline,
bounded as follows, viz. one piece thereof bounded fouth on 2
town-way leading to Newton, wefterly and foutherly on lands
of Ifaac Childs, northerly on land of William Dudley and Ifaac
Childs, and alfo northerly on land of John Goddard and John
Childs, and eaftgrly on the heirs of Timothy Harris and Childs .-
VdL. I. I oae

66 MOHEAKUNNUK. March 9, An. 1784.

oiie other piece of land in the faid Brooklifie, bounded norther-
ly upon the faid way, cafterly on the heirs of Timothy Harris^
and Jo.hi Harris, foutlierly on the land of John Harris in part,
and partly on a iane leading to the faid town-way, northweller-
ly on land of Ifaac Childsy until it comes to the faid towri-way ;
alfo two acres of fait marfli in the faid Brookline^ bounded
, northerly on Charles-River, eafterly on land of Benjamin White^
Efq. fouiherly by a creek, wefterly on land of John Childs : And
it was alfo between the faid Benjamin and Thomas, the fons of
the faid Benjamin, deceafed, agreed that the afore-defcribed
lands fhould be to the faid Thomas and his heirs ; all which
makes it neceffary that the General Court fliould attend to the
cafe, and by confent of all concerned as above exprefled, pafs
faCh an acl as may vefl the lands before defcribed, in the chil-
dren of the faid Thomas, deceafed :

Be it therefore enaFled by the Senate and Hcufe of Reprefentativei
in General Court ajfemhled, and by the authority of the fame, That
the feveral tracts of land before defcribed, fhall be, and hereby
1 h'e^ feveral ^y^ vcfled in the faid Thomas, Sarah, Eleanor, and Elizabeth, the
to'be vcftcd in children of the faid Thomas TVhite, deceafed, and that the lame
Tlm:nas,Saiah, fhall be diftributed and divided to them, in the fame manner
and other chil- as would have been done if the laid Thomas had died feized of
Wh" 2' ^'^^ fame in fee-limple, allowing alfo the faid Luraina, the wid-
I'ed, to 'be divi- ow of the faid Thomas, her dower therein, according to the laws
dcd 10 them, of this Commonwealth •, and that the refidue of the real eftate
The refidue of mentioned in the will aforefaid, of the faid Benjamin TVhite, de-
the real eibtc ceaied, Oiall be, and hereby is vefled in the faid Benjaminy the
fon of the faid teilator, in fee-fimple.

[This Aa paired March 5, 1784.]

An ACT for empowering certain Perfons to examine the
Sales that have been made by the Mobcakunnuk
Tribe of Indians, and for regulating the future Sales
and Leafes of all Lands from the faid Tribe of Indians.

Sect, i . D^ it enacled by the Senate and Houfe of ReprefentativeSf

•^ in General Court ajjembkd, and by the authority of the

Cr,mn\\^ioncTi famey That John Bacon, Jahleel IVoodbridge, Efq'rs. and Mr. John

appoiiuedtoex- Sargent, miffionary to the faid Indians, all of Stockbridge, be, and

amme the fa es j^g^.g^y ^^q appointed commiffioners, to examine the fales of all

of all lands be- J r;r r , x i- 1 1 • 1

Ic'Moin r to the lands heretotore made by any or the Indians belongmg to the
Mohcakuniuik jlfoheakunni • tribe, refiding in StockbridgCy in the county oi Berk"
tribe of In- /T,;^^ which have not been le^-allv confirmed : and that the faid

dians hereto--' . ^, r i ' 1 1 1 i i

for€ made. commiilioners, or any two or them be, and they hereby are au-
thorized and empowered, if they fliall judge fuch fales to have
been jultly and fairly made, and that the Indian or Indians mak-
Si'estohe con- ^^S ^"^^^^"^ fales, have received the juft value thereof ; in fuch cafe,
firmed in cafe, and not otlierwife to conrirm the fame, by entering their appro-
bation

in whom vcfl

LEYDEN. M^rr/j 12, An. 1784. ' ^'j

bation on the back of the deed conveying fuch lands, figned with
their hands, in the prefence of two witnefles ; which approba-
tion fo fignified and attefted, together with the deed, Ihall be
recorded by the regifter of the faid county, and that fuch deed
thus approved, fhall be of equal force and vahdity with a good
and lawful deed made by any fubjedl of this Commonwealth.

Sect. 2. Be it further enacted by the authority aforefaid. That
any future fales or leafes which the faid Indians may make, of Future falcs to
any lands or buildings to them belonging, ihall, on their being ^^ approved by
approved by the laid commiffioners in the manner aforefaid, to ^ ^ commif-
all intents and purpofes, be good and valid in law, and not
otherwife.

Sect. 3. And be it further enacled by the authority aforefaid y
That the faid commiffioners fliall lay before the Judge of Probate, Commiflioncrs
for the faid county, fome time in the month of Ma\iy annually, *^ j ^^^
an account of all the lots and trails of land, the fales or leafes nually, 'an ;ic-
of which they have approved as aforefaid, lignifying as near as count of land,
may be, the quantity and quality of each lot, the price at ^^^. ^^^*^ °^
which the fame was fold or leafed, and the term of the leafe, have approvlT.
together with the name or names of the Indians, felling or
leaiing, and the name or names of the perfon or perfons, pur-
chafing or hiring the fame.

Sect. 4. And be it further cnaEledy That the Judge of Pro- Jiidy;e of Pro-
bate for the faid county make an annual return of all the com- bate to make
miffioners' proceedings as aforefaid, that fliall be lodged in his ^" annual re-
office, to the Treafurer of the commiffioners of the company commiffioners
for propagation of the gofpel in Ne-iu-England, and the parts proceedings,
adjacent, in America.

Sect. 5. And be it further enaBed, That no Indians belong- -^^ Indians lia-
ing to the faid tribe, fhall be liable to an aftion in law, for any ble to an aftion
debt which he may contract from and after the firft day of '" ^>*"^^'' ""lefs.
May next enfuing, unlefs the faid debt fliall have been ap-
proved by the commiffioners, as by this Adi. is diredled on
deeds.

Sect. 6. And be it further enacted^ That the commiffioners Commiffioners
hereby appointed, Oiall, on their accepting the truft by this A6t to be nndcf
repofed in them, and before they proceed to tranfact the bun- o-'f^^'
nefs aforefiid, take an oath before the Judge of Probate, for
the faithful performance of the truft and powers hereby re-
pofed in them.

[This A(5l paffied March 9, 1784.]

An ACT for erecting Part of the Town of Bcrnardjlon^
into a Diftrid by the name of Leydeiu

WHEREAS the inhabitants of the faid town of Bernard-
fion have reprefented to this Court, the great difficul- Pi'<'an'^^I'''
ties and inconveniences they labour under in their prefent fitu-
ation, and requelled that the fame mav be divided :

Sect.

68 LEYDEN. M^r^/^ 12, An. 1784.

Sect. i. Be it enaBed hy the Senate and Houfe of Reprefenta-
fives, in General Court ajjembled^ and by the authority of the fame^
That that part of the faid town of Bernardjlon, and the inhabit-
ants thereof included within the following lines and bounda-
Boundaricj. j-igs, ^/z. Beginning at the northweft corner of the faid town,
from thence to i-un eaft ten degrees fouth, three miles and two
hundred and eighty rods on the Neiv-Hampjhire line (fo called)
to a beach tree, then fouth to the fouth line of the faid town,
then weft on the line between the faid Bernardjlon and Green-
field to Green Rivery (fo called) which is the boundary between
the faid Bernard/Ion and Colerain, then northerly along by the
faid Green River to the northweft corner of the faid Bernard-
Jlon firft mentioned, be, and hereby is fet off and ere<^ed into
a feparate diftrift, by the name of Leyden ; and that the faid
diftri<fl be invefted with all the powers, privileges and immuni-
ties that other towns in this Commonwealth do enjoy, except
that of fending a reprefentative.

Sect. 2. Provided neverthelefs, and he it further enaEtedy That

the faid diftridt of Leyden fhall be annexed to the faid town of

To join with Bemardjlony in the choice of a reprefentative to reprefent them

Eerriardfton in j^ ^j^g General Court of this Commonwealth, and that the faid

*e!refc"ntat°vc- ^iftricl of Leyden fhall pay their proportion of all town, coun-

andtopayihetr ty. State, Or Continental taxes, fet on or granted to be raifed

proportion of by the faid town of Bemanl/Ion, as if this A61 had not been

Taxes already j^^^g^ ^^d that that part fet off by this Aft, in all future taxes

^ ^ ' that fhall be alleffed on the prefent valuation, fhall pay fifteen

thirty-feventh parts of the whole fum to be afTefTed on the faid

town.

Sect. 3. j^nd be it further ena&ed, That David Smeady Efq.

Pavid Stnead, be, and he is hereby empowered, to ifTue his warrant direfted

i.fq. to call a ^o fome principal inhabitant in the faid diftrift of Leyden, re-

r.ict mg. quiring him to notify and warn the inhabitants of the faid dif-

trift, qualified by law to vote in town affairs, to meet at fuch

time and place as fhall be therein fet forth, to choofe all fuch

officers as fhall be necefi'ary to manage the affairs of the faid

diftria.

Sect. 4. Be it further ennfled. That the feleftmen of the

_ , A f<iid town of Bernardjlon fhnll nnnually give notice to the clerk

'^ive notice of of the faid diftrict, of the time and place of homing meetings

juettiiigB. for the choice of reprefentatives, to reprefent the faid town and

Uiftrift in the General Court, fifteen days at leaft before the

time of fuch choice.

[This Aft palTed March 12, 1784.]

BERLIN. March i6, An. 1784. €9

An ACT to incorporate the South Parifti in the Town

of Bolton, together with Da'vid Taylor^ Silas Carley, ^a MTrchafi,
Job Spafford^-^ndi John Brigham, Inhabitants oi Marl- 1788. *"
borough J vjxih. their Eftates, into a tiiftridl by the
Name of Berl'pz.

WHEREAS it appears on reprefentation to this Court,
that it would be produftive of public good, and to the Preamble,
benefit and fatisfadion of the inhabitants and proprietors of
the South Parifh in the town o( Bolton, and the above-najned in-
Jhabitants of the town of Marlborough, fliould they be incorpora-
ted into a diftinft diftridt, and that all perfons immediately
concerned are agreeing thereto :

Sect. i. Be it etiaBed by the Senate and Houfe of Reprefenta-
iiveSy in General Court ajfembled, and by the authority of the fame.
That the lands hereafter defcribed and included within the fol-
lowing boundaries, with the inhabitants thereof, be, and hereby
are incorporated into a diftri£t by the name oi Berlin \ Beginning Boundarlei.
at a rock, a corner between the town^oi Marlborough, Northborough,
and Bolton, and running on Northborcugh line two miles and one
half, and forty-four rods to a ftake and flones, a corner between
Lancajler and Bolton ; thence northwardly on Lancafler original
line, three miles and one half and fixty-two rods, to a Hake
and flones ; thence eaft twenty-four degrees fouth, one mile
and a half and forty rods to a heap of ftones j thence eaft thirty-
feven degrees fouth, three miles and forty rods to a heap of
ftones on Marlborough town line ; thence weft thirty-one de-
grees fouth, on the faid Marlborough line to a ftump and ftones,
a monument on Bolton line ; thence fouth thirty degrees eaft,
thirty-feven rods to a heap of ftones ; thence eaft thirty-one
degrees fouth, twenty-one rods to a ftump and ftones ; thence
fouth thirty-two degrees eaft, forty-two rods to a heap of ftones ;
thence fouth forty degrees weft, forty-fix rods to a black oak \
thence weft twenty degrees north, twenty-eight rods to a heap
of ftones } thence weft forty-one degrees fouth, fixty-eight rods
to a heap of ftones ; thence eaft four degrees fouth, thirty-fix
rods to a red oak by the river ; thence fouth twenty degrees
eaft, forty-nine rods to a heap of ftones ; thence twenty-two
rods by a town way ; thence twenty rods by the faid way •,
thence angling fix rods ; thence fouth feventeen degrees weft,
twenty-four rods -, thence fouth forty-four degrees eaft, thir-
teen rods to a heap of ftones ; thence weft twenty-feven de-
grees fouth, fifty-fix rods to a heap of ftones ; thence north
eight degrees weft, forty-eight rods to a heap of ftones ; thence
weft forty rods to a heap of ftones ; thence weft thirty-five de-
grees fouth, fifty-nine rods ; thence fouth thirty-one degrees
weft, fixteen rods to a red oak, a corner of Jofeph How's land ;
thence fouth twenty-eight degrees weft, eighteen rods to a

white

•jro BERLIN. March i6, An. 1784,

oak", thence fouth twenty-nine degrees weft, thirty rods to a
heap^ of ftpnes on the eaft lide the river ; thence thirty rods on
' the faid jriver to a heap of ftones j thence twelve rods by the

ilxid river to a iwamp oak 5 thence fouth forty degrees weft,
che hundred and fixteen rods to a pine ftump ; thence weft
twenty-eight degrees north, feventy-eight rods to a heap of
ftones ; thence weft thirty degrees fouth, twenty-eight rods to
a ftake and ftones by Joel Brigham's meadoAv 5 thence north
thirty degrees weft, one hundred and forty-ftx rods to the
bounds firft mentioned. And the faid diftridl of Berlin fhall
be, and hereby is invefted with all the privileges and immuni-
ties of any diftridt within this Commonwealth.

Sect. 2. Provided always, end be it further enabled by the

To pay their authority aforefaid, That the faid diftriiSt of Berlin ftiall be fub-

proportion of je6led to pay their proportionable part of all public debts owing

f ubhc debts, ^^y ^.j^^ town of Bolton, at the time of pafling this A^, according

to the prefent taxable property of the town of Bolton and the

diftricl of Berlin, excluftve of that part of the faid diftricl of

Berlin, which, before the pafling this A.£t, was part of the town

of Marlborough.

:. Sect. 3. Jlnd he it further enaEled by the authority aforefaid^
A & \ f of T^^t the faid diftricl of Berlin fhall be at their proportionable
poor. part of the expenfe of fupporting the poor belonging to the

laid town of Bcltony previous to the pafling this A<5t, to be ap-
portioned in like manner as is exprefled in the foregoing pro-
vifo ; and any poor which in time to come may be turned on
the faid town of Bcltcn, or ftiall be received and fupported by
that town, or by the faid diftricl, in which foever fuch poor had
their local fltuation.

Sect. 4. A?id be it further enaBed by the authority aforcfaii.

To receive That the faid diftricl of Berlin, ftiall have a good right to claim

tV;ir propor- ^j^j receive one equal third part of all public ftock of arms and

ft^" *^" "^ ammunition, belonging, before the pafling this Acl, tcthe town

of Bolton.

Sect. 5.. And be it further enaEled by the antho'rity aforefaid^
To join with That the faid diftridl of Berlin may join with the town of Bol-
Jokoi) m choo- ^^j, in the choice of a reprefentative, which reprefentative may
^'.Ly ^'^^ ^"" he an inhabitant of the town oi Bolton^ or of the diftridl ofBer-
lin, and ihall be paid by the town ot Bolton, and the diftricl of
Berlin, in the fame proportion as they pay other public charges -j
and the feleclmen of Bolton fhall annually, at the ufual time foi«-
ilTuing a warrant for notifying the voters to aflemble for com-
ing to the choice of a reprefentative, iflue their warrant direcU
ed to fome conftable or conftables of the diftricl of Berlin, to
warn the voters of the faid diftricl to affemble with the faid,
town of Bolton for that purpofe.
Thofe who be- Sect. 6. And be it further enaEled by the authority ajorcfaidy
longed toMarl- "Y^iZl the inhabitants and proprietors of land, which, before the
rart'^faxes ''to C'^'^^i-'^g hcrccf, belonged to that part of the diftridl of Berlin^
faid town. which

DALTON. March 20, An. 1784* *Jt

which was pirt of the town of Aialborough fliall be holden to
pay all taxes already afTefled on them by the town of Marlbo-
rough, any thing in this Act to the contrary notwithftandingi

Sect. 7. And be it further etiaBed by the authority aforefaidy
That Samuel Baker, Efq. is hereby authorized to iffue his war- Samuel Baker,
rant diredled to fome principal inhabitant of the diftrift of Ber- ^^^^^l^„^
/in, requiring him to notify the inhabitants of the faid diftrlct,
qualified by law to vote in town affairs, to aflemble at fuch
time and place as he therein fliall direct, to choofe ail fuch of-
ficers as diftrifts within this Commonwealth are directed and
required by law to choofe in the month of March annually ;
and the faid diftrift of Berlin Ihall be confidered as belonging
to the county of Worcejler, and the eafterly boundaries there-
of {hall be the boundaries between the counties of Middlefcpi
and Worcejler.

[This Aa paiTed iW^rr/j* 16, 1784.]

An ACT to incorporate a new Plantation called Ajhue- '^^^''^ °f '^'"^-
let Lqiuvalent, \n the County or Berkjhire^ into a Feb. aS, 1795.
Town by the Name oi Dalton.

"C'TTHEREAS it has been reprefented to this Court, that

W the inhabitants of the new plantation called Afnielet ^^^'^'^^^'
Equivalent, in the county of BcrkJJnre, labour under many in-
conveniences, and alfo that difficulties arife with regard to af-
feffing the faid inhabitants : For the remedy whereof,.

Sect. i. Be it enacfed by the Senate and Hoiife of Reprefe7Jta-'
iivei, in General Court ajfembled, and by the authority of the fame.
That all the lands and inhabitants of Afhuelet Equi'uaknt afore- . ^

faid, bounded weft partly on Pittsfield, and partly on Lancfho- poj-atgd.
rough, north on Windfor, eaft partly on Partridgtfeld, nnd'part-
ly on the eaft line of Jones's Grant (fo called) -to ttn^ iiorth- line
of Wafnngton, thence weftward on the fame line to the eaft
line of Pitt f eld, be, and hereby are incorporated into a town
by the nam.e of Dalton, and invefted with all the powers, priv-
ileges and immunities, that towns In this Commonwealth arc
entitled to according to law, or do or may enjoy.

Sect. 2. And be it further cnaEled by the authority afcrefaid,
That Charles Goodridve, Efq. be, and he hereby is empowered Charles Good-
and required, to illue his warrant to lome principal inhabitant ^^.^ meetin*.
of the faid town of Dalton, directing him to warn the inhabit-
ants thereof qualified to vote in town affairs, to affemble at
fome convenient time and place in the faid town, to choofe all
fuch officers as by law are to be chofen annually in the month
of March.

[This Aa paired Mar^h 20, 1784.]

^.1 PLYMOUTH, &c. March 20—23, An. 1784.

An ACT to unite the Firft and Third Precin£ls in the
Town of Plymouth, by the Name of the Firft Precinft.

Preamtle. "VX THEREAS it is reprefented to the General Court, that
W the caufe of religion and virtue may be promoted by

uniting the firft and third precin(Sts in the town of Plymouth t
Sect. i. Be it therefore enaEied by the Senate and Houfe of Rep"

refetitatweSf in General Court ajfembledy and by the authority of the
Firft and third f^^^> '^^^^ ^^^^ ^^^ ^^^^ ^^^ paffing of thi9 Aft, the firft and
precinas uni- third precinfts in the faid town o^ Plymouth be united into one,
tedbythename by the name of the firft precin£l J and that all authority and
Jfj^^'^'^^'^'jurifdiaion exercifed by the faid third precinft while in their

feparate corporate capacity, be transferred to, and vefted in the

faid firft precinft: ; any law heretofore made to the contrary

notv/ithftanding.
_ . . S£CT. 2. ^nd be it further enaBed by the authority aforefaidf

ihTir" pre- That the Treafurer of the faid firft precinft for the time being,
cintft to recover be, and he is hereby fully authorized and empowered, to de-
deb« due to mand and recover all debts of what nature foever that may be
« e t ;rd. ^^^ j.^ ^^^^ £^:^^ third precinft, and that the faid firft precinft:

united as aforefaid, be refponfible for the payment of all debts

due from the faid third precinft: to any perfon or pcrfons what-

foever.

[This Aft pafled March 20, 1 784.]

An ACT to incorporate an Academy m the Town of
Lekejler, by the Name of Lcicejier Academy.

Preatnllc. "^T^ THERE AS the encouragement of literature in the rifing
^y generation has ever been conlidered by the wife and
good, a3 an object worthy of the moft ferious attention, as the
lafety and happinefs of a free people ultimately depend upon
the advantages aiifing from a pious, virtuous, and liberal edu-
cation :

Where^ it appears that Ebenei,er Crafts^ of Sturbridge, in the
county of Worcejlery and Jacob Davis, of Charlton, in the faid
county, Efquires, for the purpofe of promoting piety and learn-
ing, have generoufly given the large and commodious manfion-
houfe, lands and appurtenances, in Leicejler, lately occupied by
Aaron Lopez, deceafed, for the ufe of an Academy : And it fur-
ther appears, that the fum of one thoufand pounds is generouf-
ly fubfcribed for the fupport of the faid Academy ; the intereft
thereof, together with what may hereafter be raifed by dona-
tions, with the income or rent of all real eftate, to be appropri-
ated to the ufe and benefit of the faid Academy forever, as
truftees to be appointed fhail think moil: expedient : And as
it will be neceflary that the faid truftees and their fucceflbrs ba
vefted with authority to commence and profecute aftions at law,
and tranfaft fuch other matters in their corporate capacity, as
the intcreft of the faid Academy {hall require ;

■ \ Sect.

LEICESTER ACADEMY. March 23, An. 1784. 72,

Sect. i. Be it therefore etiaBedby the Senate and Hotife of Rep-
rcfentatives in General Court ajfernbledy and by the authority of the
fatney That there be, and there hereby is eftablifhed in the town Academy ef-
of Leice/iery in the county of Worcejler, an Academy by the tablifhed in
name of Leicefler Academy^ for the purpofe of promoting true l'=«^"i^cr,
piety and virtue, and for the education of youth in the Englifh,
Latin, Greek, and French languages, together with writing,
arithmetic, and the art of fpeaking ; alfo praftical geometry, log-
ic, philofophy and geography \ and fuch other of the liberal
arts and fciences or languages as opportunity may hereafter per-
mit, and as the truftees herein after provided fliall direft.

Sect. 2. Be it further enailied by the authority aforejaidy That
Ebenczer Crafts y of SturbridgCy and Jacob Davis, or CharltoUy Ef-Tftiftees ap-
quires, the Honorable Mofes Gilly oi Princetouy Samue/ Baker, of P-^'^t^d and m-
Bolton, and Levi Lincoln, of Worcejler, Seth Wajhburn, of Leicef-^ ^^^j politic.
ter, and Rufus Putnam, of Rutland, Efquires, Jofeph Allen, Efq.
and the Reverend Thaddeus Maccarty, of Worcejler, the Reve-
rends Jofeph Sumner, of Shreivjhury, JoJJma Paine, of Sturhridge,
Benjamin Conklin, of Leicejler, Archibald Campbell, of Charlton,
Jofeph Pope, of Spencer, all in the county of Worcejler, and the
Honorable Timothy Danielfon, Efq. of Brimfield, in the county of
HampJJjire, be, and they hereby are nominated and appointed
truftees of the faid Academy ; and they are hereby incorpoi*a-
ted into a body politic, by the name of the Truftees of Leicejler
Academy, and they and their fucceflbrs fhall be and continue a
body politic and corporate, by the fame name forever.

Sect. 3. And be it further enaEled by the authority afore faid.
That all the lands and monies heretofore fubfcribed, which byl-ands, &-:,
a legal inftrument hereafter to be made fliall be given, granted j^^'V'"^""^"'''
and affigned by the fubfcribers unto the truftees of Z.f/V^y?*'?-^'^^'^^^'^^,'^^^^
Academy, fhall be confirmed to the faid truftees, and to their luc- Truftees.
celTors in that truft forever, for the ufes and purpofes, and upon
the truft which in the faid inftrument fhall be cxprefTed : And
the truftees aforefaid, their fuccefTors, and the officers of the faid
Academy, are hereby required, in conducting the concerns there-
of, and in all matters relating thereto, to regulate themfelves
conformably to the true defign and intention of the faid grant-
ors, which in the inftrument abovementioned fhall be exprefTed.

Sect. 4. And be it further enaEled by the authority aforefaid.
That the faid truftees and their fuccefTors fliall have one com-
mon feal, which they may make ufe of in any caufe or bufinefs^o have one
that relates to the faid office of truftees of the laid Academy, '^"'"'"°" ''''^^■
and they fhall haT'e power and authority to break, change and
renew the faid feal from time to time, as they fhall fee fit, and
they may fue and be fued in all acftions, real, perfonal, and
mixed, and profecute and defend the fame unto final judgment ^o fu^ anc be
and execution, by the name of the Truftees oi Leicejler Academy. '"°^'

Sect. 5. And be it further CfiaBed by the authority aforefaid.
That the faid Ebenezer Crofts, Jacob Davis, and others, the

Vol. I. K truftees

74 LEICESTER ACADEMY. March 23, An. 1784,

Truftees to be truftees aforefaid, and their fucceflbrs, the longeft livers and
foie ' v^fitors furvivors, be the true and fole vifltors, truftees and governors
&c. of faid of the faid Leicejler Academy^ in perpetual fucceffion forever, to
Academy. be continued in the way and manner hereafter fpecified, with
full power and authority to eledl fuch officers of the faid Acad-
emy as they fhall judge neceflary and convenient, and to make
and ordain fuch laws, orders and rules, for the good govern-
To make laws, mcnt of the faid Academy, as to them the truftees, governors
^^- and vifitors aforefaid, and their fucceflbrs, fhall, from time to

time, according to the various occafions and circumftances,
feem moft fit and requifite ; all which fhall be obferved by the
officers, fcholars and fervants of the faid Academy, upon the
penalties therein contained : Provided notiuithjl an dingy That the
Provifo. faid rules, laws and orders be no ways contrary to the laws of

this Commonwealth.

Sect. 6. And he it further enaFied by the authority aforefaid,
Number of Xhat the number of the truftees aforefaid and their fucceflbrs,
tiui ees i.ot to £|^^jj ^^^ ^^ ^ ^^^ ^j^^ -^^ more than fifteen nor lefs than

be more than , • '' r ^ n t • c r

fifteen, nor lefs eight, a major part of whom fhall conftitute a quorum for tranf-
than eight. acting bufinefs, and a major part of the members prefent at
Major part to any legal meeting, fhall decide all queftions that fliall come be-
conilitutf a fore them, except in the inftances herein after excepted, thaf
quorum. ^y^^ principal inftruclor for the time being fhall ever be one of

them, that the major part fhall be laymen and refpeftable free-
holders ; alfo, that a major part fliall confift of men who are
not inhabitants of the town where the feminary is fituate. And
to perpetuate the fucceflion of the faid truftees :

Sect. 7. Be it further enaEled by the authority aforefaid, ThTit
as often as one or more of the truftees of the faid Leicefier
■When any truf- Academy fhall die or refign, or in the judgment of the major
b"re"udeied'in- P^^^ °^ ^^ Other truftees, be rendered by age or otherwife in-
capable, furvi- Capable of difcharging the duties of his office, then and fo of-
viving truftees ten the truftees then furviving and remaining, fhall ele£t one
TO cledt anoth- ^^ rnore perfons to fupply the vacancy or vacancies.

Sect. 8. Be it further enaBed by the authority aforefaid^ That
Truftees capa- the truftees aforefaid, and their fucceflbrs, be, and they hereby
^^p-'" r^rrf" ^''^ rendered capable in law, to take and receive by gift, grant,
&c'rca! or per- <i^'^'f^> bequeft or otherwife, any lands, tenements, or other
fonal efiate. eftate, real and perfonal. Provided., That the annual income of
Provifo. the faid real eftate fhall not exceed the fum of five hundred

pounds, and the anntial income of the perfonal eftate fhall
not exceed the fum of two thoufand pounds, both fums to be
valued in filver, at the rate of fix ftiillings and eight pence by
the ounce, to have and to hold tlie fame to them the faid truf-
tees and their fuccefTors, on fuch terms and under fuch pro-
vifions and limitations, as may be exprefTed in any deed or in-
ftrnment of conveyance to them made. Provided ahvayst That
Pi-cvifa. neither the faid truftees, nor their fuccefTors, ihail ever receive

ajsy

THOMAS HOPKINS. March 23, An. 1784. ys

any grant or donation, the condition whereof Ihall require
them or any others concerned, to aft in any relpe(ft counter to
the deilgn of the firft grantors, or of any prior donations •, and
all deeds and inftruments which the faid truftees may lawfully
make, fhall, when made in the name of the laid truftees, and
figned and delivered by the Treafurer, and fealed with the
common feal, bind the faid truftees and their iucceflbrs, and be
valid in law.

Sect. 9. j4nd be it further enaBed by the authority aforefaid.
That if it fhall hereafter be judged upon mature and impartial
confideration of all circumftances, by two thirds of all the tinif-
tees, that for good and fubftantial reafons, which at this time
do not exift, the true deilgn of this inilitution will be better
promoted by removing the feminary from the place where it ^J",^^" ^^^"
is founded •, in that cafe, it fhall be in the power of the faid \°''^^^ \-^^ ^^^^^^^
truftees to remove it accordingly, and to eftablifh it in fuch inary.
place within this State, as they flaall judge to be beft calculated
for carrying into effedual execution the intention of the foun-
ders.

[This Aa pafled March 23, 1784.]

An ACT for naturalizing Thomas Hopkins.

WHEREAS Thomas HopUtiSy late of Devonpirey in Great
Britaiiiy and now reliding at Falmouth^ in the county Preamble,
of Cumberland, and Commonwealth aforefaid, has petitioned
the General Court that he may be naturalized, and be thereby
entitled to all the rights, liberties, and privileges of a free citi-
zen of this Commonwealth :

Sect. r. Be it enacted by the Senate and Houfe of Reprtfenta-
iivesj in General Court afetnbled, and by the authority of toe fame, Tl.omas Hop-
That the laid Thomas Hopkins, upon his taking the oaths of al- kins naturaliz-
legiance and abjuration required by the conftitution of this ^'^•
Commonwealth, before two Juftices of the Peace, fliall be
deemed, adjudged, and taken to be a free citizen of this Com-
monwealth, to all intents, conftrutSlions and purpofes, as if he
the faid Thomas had been an inhabitant of the territory, now
the Commonwealth aforefaid, at the time of making the prcfent
form of civil government.

Sect. 2. y^nd it is further enaHed, That the Juftices before Certificate c/
whom the {;ime oaths Ihall be taken, fhall return a certitlcate nuths to b^ ?j
of the fame into the Secretary's otiice, to be placed on the carded.
records of this Commonwealth.

[This Act paired March 23, 1784.]

76 CAMBRIDGE. June 21, An. 1784.

An ACT for enabling the firfl: Preciud belonging to, and
lying within the Town of Cambridge^ to raife Money
for difcharging the Debts incurred in carrying on the
late War, and for confirming the Grants and AKt^-
ments that have been already made for that Purpofe.

WHEREAS doubts have arifen whether the laws of this
State will fully authorize the afleffors of the firft pre-
cia(St in Cambridge to affefs upon the inhabitants any fum or
fums of money that have been expended in carrying on the
late war, efpecially that part of the parifh only as Iselong to the
town of Cambridge :

Sect. i. Be it therefore enacted by the Senate and Houfe of
RcprefentativeSi in General Court ajfemhledy and by the authority of
the fame. That when the firft precin(5t of the town of Cam-
Money voted, bridge^ being and lying within the fame, at any legal meeting
f ffV& ''^' <^f t^^^ inhabitants, fhall vote any fum or fums of money for
the purpofe of difcharging the debts already contradled in con-
fequence of the late war, the aflefTors of the aforefaid precin(5t
or parilh, or fuch other perfon or perfons as they have or may
appoint for that purpofe, fhall have full power and authority
to apportion or afiefs fuch fum or fums of money upon the in-
habitants thereof, according to the rules and methods prefcrib-
ed by law for apportioning the State tax, and fhall have full
power and aiithorlty to grant warrants for collecting the fame,
in like manner as the law directs for gathering town and other
parilh rates or affeflments.

_ Sect. 2. And be it further enacled bv the authority aforefaid^

Former prants r-p, ^ ,, ^ i rrn- i l*^ i. •',/•'.'

ai: J aftflixu-nts -'■ ^"^^ ^^^ grants and aiiellments that have been made m time
riuScd. pall, or that may hereafter be voted and alTelTed in the firft:

precindl or parifh in Cambridge aforefaid, in manner and for the
purpofe aforefaid, be, and hereby are ratified and confirmed,
and the colledtor or collectors of the faid parifh are hereby di-
redted and required to execute all fuch Avarrants in the fame
manner as they are by lavr obliged to execute warrants for col-
lecting town or other parilh rates or aflefTments.
[This A«St pa fled June 21, 1784.]

An ACT for confirming a Grant oi a certain Tra£l of
Land called Machias, in the County of Lincoln, and
for incorporating the faid Tra(5l of Land, and the
Inhabitants thereof, into a Town by the Name of

Mackias,

Prfamhie. "V-^tKERE AS a certain tra^ of land called Madias, in the

Y ^ County of Lir.roln, was in April, one thoufand feven

hundred and feventy, granted by the General Court of the late

Provii^ce oi Majfachuftits Bay, to Ichghod Jones, and feventy-

nine

MACHIAS. ^June 23, An. 1784. 77

nine others, his aflbciates, then- heirs and affigns, upon certain
conditions in the faid grant exprefled, a plan of which tradt,
fetting forth the extent and boundaries thereof, was in Jti^^
1771, prefented to, received and accepted by the faid Court :
And whereas the conditions in the faid grant have been com-
plied with to the fatisfa^ion of this Court, and it is reprefented
by the inhabitants of the faid traft, that they are fubjeft to
many inconveniences in a ftate of un-incorporation : Therefore,

Sect. i. Be it ena&ed by the Senate and Hoitfe of Reprefenta-
fives J in General Court ajjembled, and by the authority of the fame ^ Boiindar'ei
That the before mentioned gi*ant of the aforefaid tra(5t of land,
extending and bounded as follows, viz. Beginning at a dry rock
at a place called the Eaftern Bay, near the houfe of Mr. Samuel
Holmesj and extending north ten degrees, weft ten miles ; then
weft ten degrees, fouth eight miles ; then fouth ten degrees,
eaft ten miles ; then eaft ten degrees, north eight miles, to the
firft mentioned bounds, is hereby ratified and confirmed unto
the aforefaid Ichabod Jonesy and his faid alTociates, his and their
heirs and affigns forever.

Sect. 2. And be it further ena^ed by the authority aforefaid^ Machias Inco;-
That the faid traft of land extending and bounded as aforefaid, porated.
together with the inhabitants thereof, be and hereby are incor-
porated into a town, by the name of Machias, with all the
powers, privileges and immunities that towns in this Common-^
wealth have and enjoy, according to the laws and conftitution
of the fame.

Sect. 3. Provided neverthehfs, That if it fhall appear to the pj-o^j^g
General Court that any fettler on the aforefaid tra£t of laud,
other than a proprietor, has not had a reafonable quantity of
the faid traft of land afligned and confirmed to him by the
proprietors aforefaid ; this Legillature doth hereby referve the
right of affigning and confirming to fuch fettler, a reafonable
quantity thereof, upon application made for that purpofe,
within two years from the pafling of this A6t ; any thing in
the fame to the contrary notwithftanding.

Sect. 4. Provided alfo, That the feveral lots in the faid Provifoo
tra£l of land, appropriated to the ufe of Harvard Cc/Iegej to the
firft ordained minifter, to the ufe of the miniftry, and to the
life of the fchool, be truly referved for thofe purpofes.

Sect. 5. And it is further enaHed, That Stephen Jones ^ Efq. ^^^^Yxn Toacs,
be, and he hereby is empowered to iifue his warrant to fome Efq. to cal 4
principal inhabitant of the faid town, requiring him to call a meeting.
meeting of the inhabitants thereof, for the purpofe of choofing
fuch officers as by law towns are empowered to choofe in the
month of March, annually.

[This Aa palled June 23, 178.^.]

THOMAS ROBISON.

*June 30, An. 1784.

Preamble.

An ACT for naturalizing Thomas Rohifon,

WHEREAS Thomas Roh'tfon^ late of Qiiehec^ in the Prov-
ince of Canaday and now reflding at Falmouth^ in the
county of Cianherlaiid^ and Commonwealth aforefaid, has peti-
tioned the Generai Court to be naturahzed, and be thereby en-
titled to all the rights, liberties, and privileges of a free citizen
of this Commonwealth ; and it being probable he will be a
ufeful member thereof :

Be it enacled by the Senate and Hoiife of ReprefcTitativcst in Gen"
Th m R h'' ^^^^ Court ajfemhled^ and by the authority of the fame^ That the
for. naturalized, f^id Thomas Robifony upon his taking the oaths of allegiance and
abjuration required by the conftitutlon of this Commonwealth,
before two Juflices of the Peace, quorum tmusy ihall be deemed,
adjudged and taken to be a free citizen of this Commonwealth,
to all intents, conftrudtions and purpofes, as if he the faid Thorn--
as had been an inhabitant within this State at the time of mak-
ing the prefent form of civil government.

Sect. 2. And it is further enailedy That the Juflices before
Certificate of .vvhom the fame oaths fliall be taken, ihall return a certificate
turned. °^ ^^^ fame into the Secretary's office, to be placed on the rec-

ords of this Commonwealth.

[This Adt pafled June 30, 1784.]

Preamble.

An ACT to enable the Inhabitants of the Town of Long-
Meadozu, to lay out and confirm Highways in the faid
Town, at any legal Meeting before the fixth day of
November, feventeen hundred and eighty-four.

WHEREAS the town of Spring fe/dy by a vote of the faid
town in Oclobery feventeen hundred and feventy-two,
did referve to the inhabitants of the faid town, a right to lay
out highways in certain lands called the commons in the faid
Spring fie/dy from the time of paffing the faid vote to the fixth
day of Nove7nbery feventeen hundred and eighty-four, which
town o( Long-AIeadowwzs thenincludedinthefaidtownof Spring-
feld : And whereas the faid town of Long-Meadoiu was incorpo-
rated into a feparate tOAvn in OBober lafl, but the laid privilege
of laying out highways in the fiiid lands in Long-Mtadcnu was
not mentioned in the A61 of incorporation, whereby the inhab-
itants thereof fuppofc themfelves excluded from the laid right :
And whereas by law all town highways laid out by the feledl-
men thereof, are to be accepted and approved at the annual
March meeting in the faid town, before the fame can be eflab-
lilhcd, which cannot be done by the faid town before the time
referved for exercifmg the faid privilege will be elapfed : For
remedy whereof,

Be it enacted b\ the Senate and Houfe of Reprcfentativesy in Gen-
eral Court ajjcmhh'di and by the authority of the Jamcy That the

inhabitants

DOVER. y^^/y 7, An. 1784. 79

inhabitants of the iiiid town o£ Long-Meadow, fhall have all the Inhabitants er-
right to lay out highways in the fame town in the faid com- out^high'waiT
mons, which the inhabitants of Springfield had, or have by the &c.
faid vote of Oclober, feventeen hundred and feventy-two, referr-
ed to themfelves of laying out highways in the commons in the
faid Sprtngfieldy and alfo to accept, approve and confirm the
fame at any legal town-meeting in the faid Long-Meadonvy before
the faid fixth day of November next, as fully and efFe<Shially to
all intents and purpofes as the fame might have been done at
any legal town-meeting in the month of March ; any law to
the contrary notwithftanding.

[This Aa paired July i, 1784.]

I I I ■ i - J .11 I r I t i ' i III I 1 I .1

An ACT for ere£ling a Diftrid within the County of Aa repealing
Suffolk, by the Name of Dover. M^lt^^jll'.

WHEREAS the inhabitants of the fourth precin£l in the Additional Ad
town of Dedkam, in the faid county, have repeatedly March 7, 1791.
and earneftly petitioned this Court, that they may be incorpo- Preamble,
rated into a diftrift, and it appears that they labour under great
difficulties in their prefent lituation :

Sect. i. Be it therefore ena£led by the Senate and Hoiife of
ReprefetitativeSy in General Court ajfemhled, and by the authority of
the fame, That the faid fourth precinct in Dedham, be, and Dover incorpo-
it hereby is incorporated into a diftridl, by the name of Dover, rated,
with all the powers, privileges and immunities of incorporated
diftri£ls, viz. Beginning at Bubbling-brook, fo called, where it
crofles Medfield road •, and from thence taking in the lands of
Samuel Chickering, deceafed ; and from thence to the wefterly
end of the houfe-lot of Nathaniel Richards ; and thence by the
houfe-lot aforefaid, to Charles River ,- with all the lands and
inhabitants weft of the faid line, within the faid precinct.

Sect. 2. Provided, That the freeholders and inhabitants of j-^ pay theJr
the faid diftri<St oi Dover (hall pay their proportion of all taxes proportion of
now afleiTed by, and debts due from the faid town of Dedham ; ^^^e'' already
and that the faid diftrict of Dover relinquilh all their right, ti- ^^*^"^°-
tie and intereft, in and to the work-houfe, fchooi-monev, and
all donations and other public privileges in the faid town of
Dedham.

Sect. 3. And be it enaBed by the authority aforefaid. That the
polls and eftates in the faid diftridl of Dover, that were return- Polls, &c. in
ed by the aiTeflbrs for the faid town of Dedham, on the iall: i^Qver, to be
valuation, which then belonged to the faid town of Dedham, %ll^^^^ ^''°°'
be deduced from the return made by the faid afleiTor^, and be
placed to the faid diftri(Sl of Dover until another valuation fhall
be taken.

Sect. 4. And be it further enaBed, That Stephen Metcalf ^^^ ^^^ ^^^^^
Efq. be, and is hereby empowered to iiTue his warrant, direfted cai'f^Efq.tocln

t© a raecting

io DERBY SCHOOL. November ii, An. 1784.

to Tome principal inhabitant within the faid diftrifl of Dover,
requiring him to warn the freeholders and other inhabitants
vithin the faid diftri£t of Dover^ qualified to vote in diftri£t af-
fairs, to afiemble at fome fuitable time and place in the faid
diftrift, to choofe fuch officers as flxall be necefTary to manage
the affairs of the faid diftrift-

Sect. 5. u^nd it is further enaBed, That the feleftmen of

the town of DedharUy fifteen days at leaft before the time of

-. . . . , choofing a Reprefentative for the faid town, fhall give notice

Dedham in the of the time and place by them ordered for that purpofe, in

choice of a writing, under their hands, to the feleftmen of the faid diftrift

Reprefentative. ^f fjover^ to the intent, the feledlmen of the faid diftridt may

ifTue their warrant to the conftable or conflables of the faid

diftridl, to warn the inhabitants thereof to meet with the faid

town of Dedhaniy at time and place fo appointed for the choice

of a Reprefentative.

[This Aa paffed July 7, 1784.]

Made an Acad- An ACT for eflablifliing a School in the North Parifh of
emy, by the /f/W^^;;» bv the Name of Derby School, and for ap.

name of Derby .6. ^ J . r^ n f u r • i o t. i

Academy, by pointing and incorporating 1 ruitees oi the laid bcnool.

Tune i7,i7(/7. "TTTTHEREAS the education of youth has ever been con-

P« rabl W fi'i^red, by the wife and good, as an objeft of the

higheft confequence to the fafety and happinefs of a free peo-
ple : And whereas Sarah Derby^ of Hifigham, in the county of
Suffolky widov,', on the twenty-firft day of OBoher laft paft, by
a deed of leafe and releafe, of that date, legally executed, gave,
granted and conveyed to the Reverend Ebetjezer Gay, and oth-
ers therein named, and to their heirs, a certain piece of land,
with the buildings thereon, fituate in the north parifh of the
faid Hingha7}i ; and in the faid deed defcribed to the ufe and
upon the truft, that the rents and profits thereon be forever
appropriated to the fupport of a fchool, in the faid north parifh
of Hitigham^ for the inftruftion of fuch youth, in fuch arts,
languages and branches of fcience as are particularly mentioned,
enumerated and defcribed in the faid deed : And whereas the
execution of the generous and important defigii of inftituting
the faid fchool will be attended with great einbarraiTments, un-
iefs by an acl of incorporation, the truftees mentioned in the
faid deed, and their fuccefibrs, fliall be authorized to commence
and profecute aftions at law, and tranfadl fuch other matters in
their corporate capacity, as the intereft of the faid fchool Ihall
require :

Sect, i . Be it therefore enaBed by the Senate and Hotife of Rep-
refetitatrvesy in General Court ajffl'tnbled, and by the authority of the

cftabllfhed. ^ fame. That there be, and there hereby is eilabliflied, in the
north parifli of Hifigham, in the county of Suffolk^ a fchool, by

the

DERBY SCHOOL. November ii, An. 1784. 81

the name oi Derby School ^ for tlie promotion of virtue and inftruc-
tion of fuch youth of each fex, in fuch arts, languages and
branches of fcience, as are refpeftively and feverally mention-
ed, enumerated and defcribed, by a deed of leafe and relenfe,
made and executed on the twenty-firft day of Ocloher bft paft,
by and between Sarah Derby-, of Hingham^ aforefaid, widow, on
tlie one part, and the Reverend Ebenezer Gay, the Reverend
Daniel Shufe, John Thaxter, Efq. the Honorable Benjamin Lin-^
coin, Efq. all of the faid Hingham ; the Honorable Cotton Tufts j
of Weymouth, and the Honorable Richard Cranch, of Braintree,
both in the faid county of Sujfolk, Efq'rs. the Honorable Wil-
liam Cujhing, and the Honorable Nathan Ciiping, both of
Scituate, in the county of Plymouth, Efq'rs. jfohn Thaxter, of
Haverhill, in the county of Ejpx, Efq. and Benjamin Lincoln,
of Bojlon, in the faid county of Suffolk, gentleman, on the other
part.

Sect. 2. Be it further enaBed by the authority aforefaid,
That the aforementioned Ebenezer Gay, Daniel Shute, John Truftees ap-
Thaxter, Benjamin Lincoln, Cotton Tufts, Richard Cranch, Will- po^'^ed and in-
iam Cifhing, Nathan Cufhing, John Thaxter, and Benjamin Lin- ^
coin, be, and they hereby are nominated and appointed truftees
of the faid fchool ; and they are hereby incorporated into a
body politic, by the name of the Truftees of Derby School, and
they and their fucceflbrs fliall be and continue a body politic
and corporate, by the fame name forever.

Sect. 3. Be it further enacted by the authority aforefaid.
That all the lands and buildings which by the aforem.entioned Lands, &c.glv-
deed of leafe and releafe were given, granted and conveyed by ^g^b^
the aforementioned Sarah Derby, unto the faid Ebenezer Gay, firmed to the
Daniel Shute, John Thaxter, Benjamin Lincoln, Cotton Tufts, Truftees for-
Richard Cranch, William Culhing, Nathan Cufoing, John Thaxter, ^^^^'
and Benjamin Lificoln, and to their heirs, be, and they hereby
are confirmed to the faid Ebenezer Gay, and others laft named,
and to their fucceffors, as truftees of Derby School, forever,
for the vifes, intents and purpofes, and upon the trufts which
in the faid deed of leafe and releafe are exprelTed ; and the
truftees aforefaid, their fucceflbrs, and the officers of the
faid fchool, are hereby required in conducting the concerns
thereof, and in all matters relating thereto, to regulate them-
felves conformably to the true defign and intention of the faid
Sarah Derby, as exprelTed in the deed above-mentioned.

Sect. 4. Be it further enaEled by the authority aforefaid
That the faid truftees and their fucceffors, fhall have one - ntf'ecs »..
common feal, which they may make ufe of in any caufeor buftnefs ?"? ^°°*'
that relates to the faid office of truftees of the faid fchool ; and
they fhall have pov.'-er and authority to break, change and re-
new the faid feal from time to time, as they fhall fee fit ; and ■
they may fue and be fued in all actions, real, perfonal and inix-

VoL. I. JL ed.

$2 DERBY SCHOOL. No-vember ii, An, 1784.

ed, and profecute and defend the fame to final judgment and,
execution, by the name of the Truftees of Derby School.

Sect. 5. Be it further enncled by the anthority aforefai^^
Truftees and That the faid Ebenezer Gay, and others, the trultees aforelaid,
their fuccelTors, and their fuccelfors, the longeft hvers and furvivors, of them,
to be the fole j^g ^.j^g ^^^^ ^p j j^^g vifitors, truftces and governors of the faid
Derby School, in perpetual fucceflion forever, to be continued
in the way and manner hereafter fpecified, with full power
To eled offi- ^^^^ authority to cleft a prelident, fecretary and treafurcr, and
laws &c."^^'^ ^'^^^ officers of the faid fchoolasthey fliall judge necefTary and
convenient j and to make and ordain fuch laws, rules and or-
ders, for the good government of the faid fchool, as to them
the truftees, governors and vifitors aforefaid, and their fuccefl^ors,
fhall from time to time, according to the various occafions and
circumftances, feem moft fit and requifite •, all which fhall be
obferved by the officers, fcholars and fervants of the faid fchool,
Provlfo. upon the penalties therein contained. Provided fiotivithjlanditjgt

That the faid rules, laws and orders, be no ways contrary to
the laws of this Commonwealth.

Sect. 6. Be it further enacted by the authority aforefaid^
That the number of the faid truftees and their fucceflbrs, fhall
Tyuileel ° "°^ ^^ ^'^y °"^ '^^^-^ ^^ more than eleven, nor lefs than nine,
five of whom fhall conftitute a quorum for tranfadting bufinefs ;
and a major part of the members prefent fhall decide all quef-
tions that Ihall come before them •, that the principal precep-
tor for the time being, fliall be ever one of them ; that a major
part fliall be laymen and refpedtable freeholders of this Com-
momvealth, and never more than four of the faid truftees or
their fucceflbrs, fhall belong to, or be inhabitants of the town
of Hingham, aforementioned. And to perpetuate the fuccef-
fion of the faid truftees.

Sect. 7. Be it further enaBed by the authority aforefaid. That
Surviving truf- ^g often as one or more of the truftees of Derby School fhall
vawndesTcca^- ^^^ o'* refign, or in the judgment of the major part of the faid
fionedbydeath, truftees be rendered by age or otherwife, incapable of dif-
^^- charging the duties of his office, then and fo often the truftees

then lurviving and remaining, or the major part of them, fliall
eleft one or more perfons to fupply the vacancy or vacancies.
Sect. 8. Be it further efiaSied by the authority aforefaidy
Truftees ren- That the truftees aforefaid, and their fuccefTors, be, and they
dcred capable hereby are rendered capable in law, to take and receive by
to receive laud, gift^ grant, devife, bequeft or otherwife, any lands, tenements
by gift, &.C. ^^ ^^.j^g^ eftate, real and perfonal, provided that the annual in-
come of the faid real eftate fliall not exceed the fum of three
hundred pounds, and the annual income of the faid perfonal
eftate fhaU not exceed the fum of feven hundred pounds ; both
fums to be valued in filver, at the rate of fix fliiUings and eight
pence by the ounce ; to have and to hold the fame to them the
faid truftees, and their fuccefTors, on fuch terms and under

fuch

ROWE. February ^, An. ly^^, 8j

ftich provifions and limitations as may be expreffed in any deed
Or inftrument of conveyance to them made. Provided akvays.
That neither the faid truftees nor their fucceflbrs, lliall ever provlfo.
hereafter receive any grant or donation, the condition whereof
fhall require them or any others concerned, to aft in any re-
fpe6l counter to the deflgn of the aforementioned Sarah D^rhy,
as expreffed in the aforementioned deed or any prior donation ;
and all deeds and inftruments which the faid truftees may law-
fully make, Ihall, when made in the name of the faid truftees,
and figned and delivered by the treafurer, and fealed with the
common feal, bind the faid truftees and their fucceiTors, and
be valid in law.

Sect. 9. Be it further enaEied b^ the authority aforefaidy
That the aforefaid truftees Ihall have full power and authority Truftees em-
to determine at what times and places their meetings fhall be powered to de-
holden ; and upon the manner of notifying the truftees to con- *^^'""^'"^ ^'n^^*
vene at fuch meetings, and alfo upon the method of eledling nieetino-s &c.
or removing truftees 5 and the faid truftees fliall have full
power and authority to afcertain and prefcribe from time to
time, the powers and duties of their feveral officers, and to fix
and afcertain the tenures of their refpective offices.

Sect. 10. Be it further etiaEled by the authority aforefaidy
That Samuel Nilesy Efq. be, and he hereby is authorized and samuel Nilc^
empowered, to fix the time and place for holding the firft meet- Efq. to fix the
jng of the faid truftees, and to certify them thereof. *.'"^^ fo"" ^^^

[This Aft paffed November 11, 1784.] lirft meeting.

An ACT for incorporating a Grant of Land, formerly
made to Mr. Cornelius Jones, of ten Thoufand Acres,
called by the name of Myrifeld^ in the County of
HampflDirey together with other Lands adjoining, and
the Inhabitants thereon, into a feparate Town, by the
Name of Rowe.

WHEREAS a number of the inhabitants of the plan-
tation called Myrifieldy in the county of HampfJvrey
have petitioned this Court to be incorporated into a town, for
reafons fet forth in their petition, and it appearing to this Court
that it is expedient that the faid plantation be incorporated :

Sect, i . Be it therefore enatled by the Senate and Houfe of
Reprefet2tatives , in General Court affembled^ and by the authority of
the fame y That the lands hereafter defcribed, vi-z. Beginning at BoundarJej.
the fouthweft corner of the beforementioned grant of land,
thence running fouth two hundred rods to a corner, thence
running eaft fix degrees fouth, one thoufand five hundred and
fixty-fix rods to a corner, thence north one thoufand three
hundred and forty-three rods, to the line of a territory
called Vermonty including the abovementioned grant, together

with

Preamble.

S4 SAMUEL LUCE, &c. February 9, An. 1785.

with two hundred rods in width from the town of Charlemont,
and from Pierce's, Dennises, and the whole oi Fulhmri'=, grant of
land weft oi Charlemont, on the fouthfide of the faid Myifield ;
aifo, together with two hundred rods in width on the eall end
from the lands called Green and Walkers lands, together with
the inhabitants thereon, be, and they are hereby incorporated
into a diftincl town, by the name of Roive, and invefted with
all the powers, privileges and immunities, that towns in this
Commonwealth are entitled to, or do or may enjoy, according
to law.

Sect. 2. ' And he it further enaEled by the authority a for ef aid,
Er"trclu° a '^^^^^ 5«"«'^/ Taylor, of Bud/and, Efq. be, and he hereby is
niettiriK. empowered to iffue his warrant directed to fome principal in-

habitant within the faid town of Rowe, directing him to warn
the inhabitants of the faid town, qualified to vote in town affairs,
to affemble at fome convenient time and place in the fame
town, to choofe all fuch town officers as by law are to be cho-
fen annually, in the month of March.

Sect. 3. Provided neverthehfs, The inhabitants of the faid

To pay their town of Ro%ue, which were before the pafling this A£l inhabit-

proportion of ants of any other town or place, fliall pay their proportionable

taxes. part of all fuch town, county and State taxes, as are already

aiTefled or levied on them by the town or place where they

ufually were taxed.

Sect. 4. And be it further enaEIcd b^ the authority aforefaidy

To be included That the whole and every part of the faid town of Roive be

■within the hereafter included within the county of Hampfoire ; and that

Haaipilure. " ^^ y^Q'^ bound thereof fhall be the boundary line, between

the counties of Hampfjire and Berkfjirc.

[This Acl: pafTed February 9, 1785.]

An ACT to fet off Samuel Luce, fonathan Snow, Ed-
luard Wing, Admiral Potter and Reuben Pious, from
the Town of Conzvay, in the County of Ha?npfhire,
and annex them to the Town of Gofljen, in the faid
County.

WHEREAS it is reprefented by Samuel Luce, Jonathan
Smiv, Edward M'^ing, Admiral Potter and Reuben Hous,
that they labour under great inconveniences by reafon of their
fituation 5 and it appears to this Court to be expedient that
they, with their polls and eflates, fhould be fet off from tlie
town of Conivay, and annexed to the town of Gofljen, the faid
town having fignified their coiifent ;

Be it enacted by the Senate and Houfe of Reprefeiitati-vcs, in Gen-
eral Court ajfcinlled-^ and by the authority of the fame, That Samuel
Samuel T.uce, Puce, ''Jonathan Snoic, Ediuard Wing, Admiral Potter, and Reu-
and others, fet ^^^^ Uous-. with their polls and eilates, be, and they are hereby
°^- fet

HEATH. February 14, An. 1785. 85

fet off from the town of Conway and annexed to the town of
Go/ben, and fliall forever hereafter be confidered as belonging
to the faid town of Go/Jjen, there to do duty and enjoy priv-
ileges. Provided nevertheiefsy That the feveral perfons above- Provlfo.
named fliall pay their proportional part of all taxes which are
already affelTed on the faid town of Conway, in like manner as
though this Aft had not paffed.

[This Att palled February 9, 1785.]

An ACT for incorporating a certain Trad of Land,
lying in the County of Ha?iipjijire, into a Town, by
the Name of Heath,

WHEREAS it appears on reprefentation to this Couit, preamble-
that it would be of public utility, and for the particular
advantage of the inhabitants and proprietors of the north-eaft-
erly part of the town of Charleinont, together with a part of
the lands commonly known by the name of Green and Walker^s
land, adjoining to the faid lands northerly, Ihould be incorpo-
rated into a diliinft town ; and the faid inhabitants have figni-
tied their deiire to be incorporated into a town, by an Att of
this Court :

Sect. i. Be H therefore enaEledhy the Senate and Houfe of Rep'
refentatimcs, in General Court ajfcmbledy and by the authority of the

fame. That all the lands included within the following bounda- _, . .
•' . \ , , , . , . , "^ , Boundaries,

ries be, and hereby are mcorporated mto a town, by the name

of Heathy viz. Beginning at the north-eail corner of the lot
number twelve, about two hundred rods diftant from the north-
weft corner of Green and Walker's land, and running fouth
three miles and one hundred and eighty rods to the north line
of Charlemont, then weft fix degrees north eighty rods to the
north-weft corner of Wilder's lot number one, then fouih on
the weft end of the faid Wilder's range of lots through Cun-
ningham's and Baldwin's farms, about feven hundred and fixty
I'ods to the fouth line of the fame, then turning eaft tv,'elve de-
grees thirty minutes fouth to the north-weft corner of Afahel
Thayer's lot, then fouth nine degrees v/eft one hundred and
nincty-feven rods to the fouth-weft corner of the faid Afahel
Tha\er's lot, then eaft twelve degrees thirty minutes fouth one
hundred and five rods, then fouth about thirty rods to the
fouth-weft corner of the Reverend Jofiafhnn Leaviit's lot, then
eaft ihi degrees fouth about two hundred and forty rods to the
fouth-eaft corner of the fame, then eaft twenty-five degrees
north, running acrofs Walnut-Hill, to tlie weft line of Colerain,
about feven hundred and eighty rods, then north on the weft
line of Colerain about eighteen hundred rods to the north-eaft
corner of Green and Walker's grant, then weft ten degrees
north, about eleven hundred and tvrenty rods on the fouth

line

86 NATURALIZATION. February iZ, An. 1785.

line of Halifax to the firft mentioned bounds ; and the faid town
is hereby invefted with all the powers, privileges and immuni-
Invefted with ^^^^ ^^"^^ ^"7 town within this Commonwealth is entitled unto,
privileges, &c. agreeable to the conftitution of the government of this Com-
monwealth.

Sect. 2. Provided alwaysy That fo much of the faid town
of Heath, as before the palling this A€t belonged unto the
town of Charkmont) fliail be holden to pay all fuch continental.
State, county and town taxes, already aflelTed on the inhabit-
ants and proprietors of the faid town of Heath unto the town
of Charlemont j any thing in this A6i: to the contrary notwith-
ftanding.

Sect. 3. And it is furthermore provided, That the inhabit-
ants and proprietors of the faid town of Heath fhall have one
half the meeting houfe now ftanding in the town of Charle-
mont, and fhall relinquifh their right to all the public lands in
the faid town of Charlemont, and the inhabitants and proprie-
tors of the faid town of Heath, excepting the inhabitants and
proprietors of Green and Walkers lands, fhall alfo be holden to
Certain inhab- V^J their proportionable part of all continental. State, county
itants holden to and town taxes, required of the town of Charlemont, in the fame
pay taxes to proportion at which they now ftand on the valuation of the
Charlemont. ^^^^^ ^£ Qj^^^ig^^j^f^ un^il t^g further order of the General
Court, or until a new valuation fhall take place.

Sect. 4. And be it further enaBed by the authority aforefaid^
What part con- That that part of the laid town of Heath which before the
fidered as be- enafting hereof belonged to Charlemont, fl:iall be confidered as
Charlemont ° Proper inhabitants of the town of Charlemont, in the fame man-
ner as before their incorporation, refpefting any incumbrances
the town of Charlemont labours imder, and in an efpecial man-
' ner, refpefting any coft the Rev. Jonathan Leavitt may bring
upon the town, in confequence of his once being minifler of
Charlemont.

Sect. 5. And be it further enaBed by the authority aforefaidy
Samuel Taylor, That Samuel Taylor, Efq. be, and hereby is empowered to iflue
Efq. to call a j^^ warrant, dire(5led to fome one principal inhabitant of the
meeting. ^^.^ town of Heath, directing him to notify the inhabitants of

the faid town to meet at fuch time and place as he fhall ap-
point, to choofe all fuch officers as other towns are empowered
to choofe, at their annual meetings in the month of March.
[This Adt pafled February 14, 1785.]

An ACT for naturalizing Nicholas RouJJclei and George

Smith,

WHEREAS Nicholas Roujflet, refident in Boflon, auftion-
eer, and George Smith, refident in Andover, labourer,
have dw^lt within this Commonwealth feveral years, and de-
meaned

SHAPLEIGH. March 5, An. 1785. ^7

meaned themfelves wellj and have applied to the Legiflature
to be naturalized :

Sect. I. Be it enacted by the Senate and Hoiife of Reprefenta-
iiveSy in Gefieral Court ajjetnbledy and by the authority of the fame.
That the faid Nicholas RouJTelet, and the faid George Smith, be Permitted t*
permitted to take and fublcribe the oath of allegiance to this take the oath
Commonwealth, before two Juftices of the Peace, quorum unusy ^^ ^ egiance,
of the county where they dwell ; and thereupon, and there-
after, fliall be deemed, adjudged, and taken to be citizens of
this Commonwealth, and entitled to all tlie liberties, rights
and privileges of natural-born citizens.

Sect. 2. And be it further enaSled by the authority aforefaid.
That the Juftices before whom the faid Nicholas Rouffelet and Juftices to
George Smith may take and fubfcribe the oaths aforefaid, fhall ^^^^ return
make return thereof to the Secretary of the Commonwealth, secretary,
who fhall record the fame in the book ordered to be kept for
fuch purpofe.

[This AdpalTed February 28, 1785.]

An ACT altering the Name of the Town of Richmont^
in the County of Berkfhire,

WHEREAS the inhabitants of the town of Richmont, In
the county of BerlfhirSy have petitioned this Court, Preamble,
fetting forth, that in the year one thoufand feven hundred and
fixty-five, the faid inhabitants petitioned the General Court to
be incorporated into a town by the name of Richmond ; and
that through miftake, (as they fuppofe) the faid town was in-
corporated by the name of Rlchmonty and praying that this
Court would alter the name of the faid town from Richmont to
Richmond :

Be it enaEted by the Senate and Houfe of Reprefentatives, in Gen^
eral Court ajfemhledy and by the authority of the fam'ey That the Enac^iintr
name of the faid town f}:)all be no more Richmont, but that it daufe.
fhall be called by the name of Richmond : Any law to the con-
trary notwithftanding.

[This Aa pafTed March 3, 1785.]

An ACT for incorporating the Plantation o^ Shapkigh, .

in the County of Tork^ into a Town by the Name of paTby Ads"

Shaplei2:h : and for annexing certain Lands to Leba- J"*>' ^'^' ^7^7.

July i4> 1793-

WHEREAS it will promote the growth of the faid plan- p^ , .
tation, (which, by the return of their rateable polls,
already exceed one hundred and fifty) and remedy many incon-
veniences they muft neceffarily, in an unincorporated ftate, la-
bour under :

Sect.

88 SHAPLEIGH. March 5, An. 1735.

Sect. I . Be it therefore enncled hy the Senate and Hot/fe of Rep'-
refentniiveSy In General Court ajptnbled, and hy the authority of the
famcy That the tra6l of land in the county of Tork^ lying below
Little OJfiipee River, granted and confirmed to the proprietors
claiming the fame under Nicholas Shapleigh, by an A(ft made and
pafled in the year feventeen hundred and eighty-two, together
with a gore of land on the north-eafterly lide thereof, adjoin-
ing the fame, which the proprietors of lands, under the will
of Bridf^et Phillips^ for a valuable confideration have releafed to
the faid Shapleigh proprietors j which trails contain about iix-
Beundarles. ty fquare miles, and are bounded, wefterly, by Salmon FallRivery
and by a line run by order of Governor Belcher, in the year
feventeen hundred and forty-one, between Neiv-Hampjljire and
the late Province of Maine ; northerly) by Little OJfapee pond
and river •, eafterly, by lands of the faid Phillips'^ proprie-
tors in part, and partly by a gore of land belonging to the Com-
monvi^ealth 5 foutherly, by lands of the Commonwealth in
part, and partly by lands lying in no place incorporated, but
laid out and held by virtue of Province grants ; v.'ith the in-
I eft^d witi ^^i^t)itants thereon, be, and hereby are incorporated into a town,
powers, &c. ' by the name of Shapleigh, with all the powers, privileges and
immunities that towns in this Commonwealth have or do enjoy.
Sect. 2. And be it further enaded, Tlr^X. Benjamin Chadhourriy
Benjamin Efq. be, and he hereby is empowered, to ifllie his warrant to
Chadbourn, fome principal inhabitant of the faid town, requiring him to
Eiq. fo call a ^^ ^ meeting of the faid inhabitants, in order to choofe
meeting. {^^^ officers as towns by law are empowered to choofe in the

month of March, annually.

Sect. 3. And be it further enaBed, That the feveral trails
Lands annexed of land laid out to Woodman, Cook and Bagley, by virtue of
to Lebanon. ^^.^^^^ ^^^ j^ ^^^^ ^j^g ^zte Province of Maffa^ufetts Bay, ly-
ing wefterly of the town of Lebanon, and between that town,
and Salmon Fall River, be, and hereby are annexed to the town
of Lebanon.

Sect. 4. Provided, That nothing in the foregoing A£l fliall
Provlfo. be fo conftrued as to exempt any perfon from paying taxes al-

ready afleiTcd upon him, biit all peribns ihall be feverally held
and obliged to pay fuch taxes afTcfled upon them refpeci:ively,
and the payment thereof may and fhall be enforced in like man-
ner as if this A6t had never been pafTed.

Sect. 5. Be it further enacted by the authority aforefaid.

What lands That all gores and trafts of land adjoining to the town of Sand-

confidered asy^^.j^ not ^belonging to any other iricorporated town, except

foTd. °^ ^^"^" fuch as belong to the plantation of Maffabcfcc, fliall be annexed

to, and confidered as part of the faid town of Sandford,

[This Aa paired ilfflrr/p 5, 1785.]

FREE-SCHOOL. March 8, 1785. 89

An ACT for direftlng the Ufe and Appropriation of a

Charitable Donation, made in a certain Claufe in the The funds veil-
laft Will and Teftament of Epbraim Williams^ Efq. ^d in the Cor-.
for the Support and Maintenance of a Free-School, wuHamV CoU
in Williamjiown, in the County of Berk/hire ; and for lege, June ao.
incorporating certain Perfons as Truftees, in order ^''^^'
more effeftually to execute the Intention of the Tef-
tator, expreffed in the fame,

WHEREAS Ifrael Williams^ Efq. and John W%-thingtony Preamble,.
Efq. executors of the laft Will and Teftament oi Ephra*
im Williamsy Efq. deceafed, have reprefented to this Court,
that the faid Ephraim Williams^ on the twenty-fecond day of
Juh^ Anno Domini one thoufand feven hundred and fifty-5ve,
made his laft Will and Teftament j in which, after divers
bequefts, devifes and difpofitions, is contained the following
claufe, viz.

« Item. It is my will, defire, and pleafure, that the remain- Claufe in th&
ing part of the lands not yet difpoled of, fliall be fold at the dif- "Will,
cretion of my executors, within five years after an eftablifhed
peace ; and the intereft of the money, and alfo the intereft ari-
ling from my bonds and notes, fhall be appiropriated towards
the fupport and maintenance of a free fchool, in a townfliip
weft of Fort MaJfachufettSy commonly called the Weft Town-
fhip, forever ; provided^ the laid townftnip fhall fall within
the jurifdi^tion of the province of Majachtifetts Bay ; and pro-
vided alfoy the Governor and General Court give the laid
townftiip the name of WiUiamJloivn ,- and it is my further will
and defire, that if there fhould remain any monies of the above
donation for the fchool, it be given towards the fapport of a
fchool in the Eaf^ Townftiip, where the fort nov/ ftaiids 5 but
in cafe the above provifos are not complied with, then it is my
will and choice, that the intereft of the above-mentioned monies
be appropriated to fome pious and charitable ufes, in manner
and form as above directed in the former part of this my laft
Will and Teftament."

And whereas the faid executors have further reprefented,
that it may be a matter of doubt and uncertainty v.-hether the
townftiip mentioned in the before recited claufe, (which is now
incorporated by the name of Williamjloivn j has fo far fallen within
the jurifdi<JIion of the province of MaJfachufcttSy now Common-
wealth of MaJfachufettSy in the fenfe of the Teftator, as that
they might be juftified in appropriating the faid donation to the
fupport and maintenance of a free fchool in the fame town ; and
have fubmitted their duty herein to the determination of this
Court, praying that an Adl may be pafled to declare their duty,
and to indemnify them in the execution of the iame ;

Vol. I. M Sect.

FREE-SCHOOL.

March 8, 1785.

Executors
demnificd.

Triiftces ap-
poiatcdand in-
corporated.

Donation made Sect. I. Be it enacieJ by the Senate and Houfe of Reprefent-
in t le c du e, ^fj^^^ j^j General Court aljl'inbled, nud bv authority of the fame^

how to be ap- mi i j • j • i i r i r ' • -^ ^ --,

p'ij;^, ' inat the donation made in the claule berore recited, ought to

be prefeiitly applied and appropriated to the ufe and mainte-
nance of a free fchooi in the town of JVilliamJlowni i'^ t^^e
county of BerkJInre, and that in cafe the faid donation IhuU af-
ford an annual interell more than fufficicnt for the fupporting and
maintaining ftich fchool in TPl iliani/Iozu/i , then the furpkifage be
appropriated to the ufe and maintenance of a free I'chool in the
tra<rt of land called by the Tellator the Eaft TownllTiin, now
incorporated by tlie name of ^dams, with other lands adjoining,
and that the laid executors be, and hereby are indemnified in
applying and appropri.iting the faid donation to the ul'es above
in- exprefled, and Ihall be liable to no action or fuit in law or
equity, on account of fuch appropriation.

And whereas the faid executors have further prayed, that
for carrying Into complete execution the intention of the Tef-
tator, a corporation may be created and vefled with fuch powers
as may be neceflary for that purpofe :

Sect. 2. Be it therefore erm^ed by the authority aforefaidj That
IVi'linra JVil/iams, of Da/ton^ Theodore Sedgtuicky Woodbridge Lit-
tle^ John BacoUy Thoirfon Jfeph Skimier, Efquires, the Reverend
Seth S'iuft and Daniel Collins^ Mr. Ifrael Jones and Mr. David
Noble, and their fuccelTors, to be eledled and appointed as herein-
after dire(Eled and provided, be, and hereby are incorporated,
and fliall be a corporation forever, by the name of "The
Truftees of the donation of Ephraim IVdliatns, Eiq, for main-
taining a Free School in JViHiamJIo^un ■" and that the faid
Truitees and their fucceffors be, antl hereby are vefted with all
the powers, rights and immunities, which are by law incident
to aggregate eleemofynary corporations.

Sect. 3. And be it further enacted., That the faid corpora-
How many tlie tlon ihall always confift of a number of not lefs than leven, nor
more than nine pcrfons, excepting only that whenever a vacancy
fliall happen by t!ie death, removal, refufal or reiignation of
any member or members, fo that the number be reduced to
lefs than the aforelaid number of feven, then the remaining or
furviving truflees ihall have full power to perform all corporate
afts until fuch vacancy be fupplied ; and tlie faid truftees fhall
elect and appoint a clerk of the corporation, who fhall fairly
ci a clerk and gj^^gj- ^si.^ record all votes, acls, orders and proceedings, made>
done or paffed by the truftees ; and ihall alfo eleft a proper
perfon to be their Treafurer, who ihall receive into his hands
all monies belonging to the Corporation, and pay out the lame
purfuant to the order of the Truftees, and fliall always keep a
fair account of all receipts and payments.

Sect. 4. And be it further enabled, That the power of elecl-
ing and appointing fucceirors in cafe of the death, removal, re-
fufal

Vefled with
powers^

corporation
Qiall conllft of.

Truftees to

FREE-SCHOOL. March 8, 1785. 91

fufal or refignation of any of the Truftees, be, and liereby is Power cfck6l-
vefted folely in the Supreme Judicial Court of this Common- !"^ fuccdlors,
wealth •, and whenever any of the above-mentioned cafes fliall ^^^^j^ ^^ Jf
happen, the Truftees fliall, as foon as conveniently may be, any Truftee,
certify the fame to the Juftices of the faid Court, that a fuccef- ^"^^^='1 '" the
for may be appointed ; and the Juftices of the fame Court are cia^ Court ''^'
hereby empowered to remove from office and truft, any mem-
ber of the Corporation who {liail, in iheir iucU-ment, be unfit ^"iro"'efed to
to hold the fame^ by reafon of incapacity, mildemeanor, negli- member in
gence, or breach of truft. their judgment

And to the intent that the faid donation may not be wafted, ""^'•
mifmanaged, or perverted from its original intention :

Sect. ij. Be it further enabled by the authority oforefaid^ That
the faid Corporation, and the donation itielf, fliall always be Corporation,
under the viiitation and direction of the Supreme Judicial ,'"';? a"" ^^

^ 1 1.1 1 • r 1 r ■ 1 i^ .the auction of

Court, who are neVeby empowered to vuit the laid Corporation, the Supreme
to rectify all abufes, to determine all matters of doubt or difpute Judicial Court,
touching the duty of the Truftees, and the ufe, application or ap-
propriation of monies or interefts to the fame donation belonging ;
and to make all fuch orders and regulations with refpetSt to the
ufe, management and appropriation of the fame donation, and
every part thereof, as they {hall judge neceilary or ufeful in
order to promote the beft interefi: of the fchool, according to
the true meaning and intention of the Teftator, and fucli laws
of this Commonwealth as may be in force refpe£ling tb.e fame ;
and the faid Court, whenever they fhall judge necelTary, fliall E'"po"«'efed to

caufe the faid Truftees to come before them, either to render ""'^ ' '^ ""^"
c ,. , ,.^ ,, . ' . tecs to come

an account 01 expenditures and onpontions or monies, or to before them,

anfwer for any mifmanagement or breach of truft ; and the

Truftees Ihall appear and lay their accounts, papers, records

and corporation books before the faid Court for infpedtion,

whenever they fliall be required thereto.

Sect. 6. And he it further efiactcd^ That the faid Truftees Truftees to
and their fuccefibrs forever, fliall have the pofteffion, manage- havepoBcfilo:!,
ment and difpofition of the whole intereft and eftate, real and ^^- of t'^e
perfonal, which is contained in and given, bequeathed, devifed ^f^^^ . ^''^t«-
or dilpofed of by the above recited claufe in the Will aforefaid j \v Ui.
and they are hereby enipowered and directed, as foon as conve-
niently may be, to erec^ and maintain a free fchool within the '
faid town of WilUamflown, for the inftruction of youth, in fuch ^^ ^ fthool"
Cji^nner as moft eflfedtually to anftver the piou:-, generous and employ in-
charitable intention of the Teftator, and agreeable to fuch or- ilfuclors, &c.
ders and directions as they may from time 10 time receive from
the Supreme Judicial Court ; and they are hereby empowered
to appoint and employ fuch inftruiftors, mafters, and officers, as
jQiall be neceffary for that purpofe.

And to the intent that the faid Truftees may be enabled, in
the moft eafy and expeditious manner, to receive into their

own.

52 FREE-SCHOOL. M^r^y^ 8, 1785,

own pofieilion and management the whole eftate, property and
intereft contained in the aforefaid donation :

Sect. 7. Be it further enaEted by the authority aforefaid^ That
execute°to the ^^^^ ^^^^ executors fhall, at the requeft of the Truftees, make
truftees, deeds and execute to the faid Truftees a deed or deeds of conveyance
of the lands, of all fuch lands or real eftate as belong to faid donation, and
&c. yet un- ^^^ remain unfold, in which deed or deeds it fhall be exprefled,
that the executors do grant to the Truftees the right, eftate
and intereft of the Teftator, and of themfelves, in and to the
defcribed lands or tenements •, and the faid deed or deeds fo
made and executed, being acknowledged and regiftered accord-
ing to law, fhall be good and efFedtual, to pafs the fee of fuch
lands or tenements to the Truftees and their fucceftbrs forever j
and the faid executors fhall deliver over into the hands of the
To deliver to Truftees at their requeft, all fuch perfonal fecurities or mort.-
vhe truftees, all gages as the executors now have in their own hands, and which
werional fecu- ^j.^ ^ p^^.^. q£ ^^ fame donation : all which fecurities, whether

} ities, &c. now , , -^ . „ » i r ^

in their hands, bonds, promiliory notes, mortgage deeds, or or what name or
defcription foever, being endorfed with the name of the faid
executors, or one of them, and delivered as aforefaid, fhall be-
come the property of the Truftees to all intents and purpofes j
Truftees em- '^'^^ ^^^J ^^^ hereby empowered, in the name of the Corpora-
powered to tion, to bring any action or adlions againft the obligors, prom-
bring aftion^s ifors, mortgagors or tenants, for recovering the contents of the
^•01^ &;c. ° ^' f'l'^^ fecurities, or pofteflion of mortgaged eftates, which adlion
or adlions fhall be holden to be good and valid in law for that
purpofe, as if the fecurities or mortgage deeds had been origi-
nally made to the Truftees by their corporate names.

And whereas the Teftator has directed, that in cafe his princi-
pal donation fhould afford an intereft more than fulRcient for the
i'ieamjle. fupport and maintenance of the fchool in Wiirtamjlonvn^ the
furplufage fhould be improved to the ufe of a fchool in the
Eaft Townlhip, now called Admns^ in the faid county of Berk-
Jhire ; and whereas queftions and difputes may arife touching
the meaning and extent of this part of the Will, and when
there may be laid to be a furplufage beyond what fhould be
necefTary, according to tlie intent of the Teftator, for the fup-
port of the fchool in Williamjioivn :
, , . Sect. 8. Be it further enaEted. That in cafe of fuch furpluf^

\v c£.*c or ^ lur* •/ ' , ■*■

plufaf'e.howtc ^S^> ^^ faid Truftees are hereby em.powered and directed to
fee employed, life and employ the fame for eredling and fupporting a free
fchool in the faid town o^Adams^ in the fame manner as has been
in this MX before provided in refpefi: of the fchool in WiUiamf-
toivn ; and that all queftions and difputes that may arife con-
cerning fuch furplufage, and the duty of the Truil:ees in refpeft
of the feveral fchools, fhall be determined by the Supreme Judi-
cial Court ; and the Truftees fhall always conform their con-
du6l and adminiftration herein, to fuch orders and determina-
tions as fhall from time to time be made by the fame Court.

SiiQTv

CHARLES-RIVER BRIDGE. March 9, 1785. 95

Sect. 9. And he it further enaciedy That the Supreme Judi- Difcretionary
eial Court inav at their difcretion exertife all the powers vcfted powers vcflcd
hi them by virtue of this Act, at any of their feflions holden '" the Supreme
within the counties oi Berkfuire or Hampfnre ; and in all trials J^^'"
at law the Court ex officio fhall take notice of this A£l, and the
fame Ihall be holden as a public Adt to all intents and purpofes
whatfoever, and the fame Ihall be given in evideiice under any
general iffue.

[This Aa pafled March 8, 1785.]

An ACT for incorporating certain Perfons for the ^^^}^^\ ^r^^^^
Purpofe of building a Bridge over Charles River, to the amount
between Bo/ion and Charleflown, and fupportinj:: the f ^""y '''"""

- I • 1 r,. ,- r \t fiind dollars.

lame during the lerm or forty Years. a<£i, Mar. ag,

WHEREAS the erefting a bridge over Charles River, in J.793j Ad^-
the place where the ferry between Bojlon and Charlef- june 20, 180*!
town is now kept, will be of great public utility, and Thomas Pi-gamblc.
Rujfelly Efq. and others, having petitioned this Court for an A£l
of incorporation to empower them to build the faid bridge, and
many perfons under the expecSlation of fuch an A61, have fub-
fcribed to a fund for executing and completing the aforefaid
purpofe :

Sect. i. Be it therefore efiaSlcd by the Senate and Houfe of
ReprefentativeSy in General Court ajfcmhledy and by the ciiiihorify of
the famey That the Hon. John Hancochy Efq. Thomas Rujfelly Proprietors in.
Nathaniel Gorhamy James Sivany and Eben Parfonsy Efquires, fo ^'^^^^^^^^^
long as they fhall continue to be proprietors in the faid fund,
together with all thofe who are, and thofe who ihall become
proprietors to the faid fund or ftock, fliall be a corporation and
body politic, under the name of " The Proprietors of Charles
River Bridge ;" and by that name may fue and profecute, and
be fued and profecuted to final judgment and execution, and
do and fuffer all other matters and things which bodies politic
may, or ought to fuffer or to do ; and that the faid corporation
fhall and may have full power and authority to make, have and
ufe a common feal, and the fame to break, alter and renew at
pleafure.

Sect. 2. And be it further enacled by the authority aforefa'idy
That the faid John Hancock, Thomas Rnfllly Nathaniel Gorhaniy
James Swany and Ebcn ParfonSy Efq'rs. or any three of them, J^-^-powcretl to
may, by advertifement in any two of the B^fon news-papers, i'^^^uiv^^
warn or call a m.eeting of the faid proprietors, to be holden at
Bofon or Charkfloivn aforefiid, at any i'liituble tinie afrer fifteen
days from the publication of the faid advertifeniont ; and the
faid proprietors, by a vote of the majority of thofe prcfent or
reprefented at the faid meeting, (accounting and billowing a
vote to each iliare in all cafey) fliall chpofe a clerk, who ihall

94 CHARLES-RIVER BRIDGE. March 9, 1785.

be duly Iworn to the faithful difcharge of his cffice, and alfo
ihall agree on a method for calling future meetings, and at the
To cftablifh fame or any fabfequent meeting, may make and eftablifh any
neceffary rules x\i\es and regulations that faall be neceflary or convenient for
the ^Corpora? regulating the fcid corporation, effecting, completing and exe-
tion, &:c. cuting the purpofes aforefaid, or for collefting the toll herein-

after granted, and the fame rules and regulations may caufe to
be kept and executed, or for the breach thereof may order and
Provlfo. enjoin fines and penalties, not exceeding four poundsy provided

the rules and regulations aforefaid are not repugnant to the
conflitution or laws of the Commonwealth 5 and the faid pro-
prietors may alfo choofe and appoint any other officer or officers
of the corporation that they may deem neceffary, and all repre-
fentations at the laid meetings Ihall be proved by a fpecial ap-
pointment in writing, figned by the perfon making his repre-
fentative, which fhall be filed with or recorded by the clerk ;
Rules, regula- g^d this acft, and all rules, regulations and votes of the faid cor-
tTict.zoXk Poration, fhall be fairly and truly recorded by their faid clerk,
by their clerk, in a book Or books for that purpofe provided and kept, which
fubjed to in- book or books fhall be fubje£t to the infpedlion of any perfon
fpedion. Qj. pej-fons for that purpofe appointed by the legiflature.

Sect. 3. And be it further enacted by the authority aforefaid.
That for the purpofe of re-irnburfing the faid proprietors the
money expended, or to be expended in building and fupporting
the faid bridge, a toll be, and is hereby granted and eftabliflied
for the fole benefit of the faid proprietors, according to the
Toll eftablllh- rates following, m-z. Each foot-paffenger (or one perfon paffing)
ed. two-thirds of a penny ; one perfon and horfe, two-pence two-

thirds of a penny ; fingle horfe-cart, or fled or fiey, four-pence j
wheelbarrows, hand-carts, and other vehicles capable of carry-
ing like weight, one penny one third of a penny \ fingle horfe
and chaife, chair or fulkey, eight-pence ; coaches, chariots,
phaetons and curricles, one fhilling each ; all other wheel-car-
riages or fleds drawn by more than one beafl, fix-pence ; fleys
drawn by more than one beafl, fix-pence ; neat cattle and
horfes paffing the faid bridge, exclufive of thofe rode, or in
carriages or teams, one penny one-third of a penny \ fwine and
flicep, four-pence for each dozen, and at the fame rate for a
greater or lefs number 5 and in all cafes the fame toll fhall be
paid for all carriages and vehicles paffing the faid bridge,
whether the fame be loaded or not loaded ; and to each team,
one man and no more fhall be allowed as a driver, to pafs free
from payment of toll ; and in all cafes double toll fliall be paid
on the Lord's day ; and at ail times when the toll-gatherer fhall
not attend his duty, the gate or gates fliall be left open. And
Toll to con- the faid toll fhall commence at the day of the firfl opening of
tinue 40 years, the faid bridge for pafTengers, and fliall continue for and diu-ing

Enlarged to 70 ^^^ ^^^^ p£ ^^^^^ y.^^^.^ ^^^^ ^^ f^-^ j^y^ ^j^^^ ^^g C0lle£led aS

ye^ajs, a . 9, ^^ ^^ prcfcribed by the faid corporation.

Sect.

PARSONSFIELD. March 9, 1785. 95

Sect. 4. And be it further enaSled by the authority aforefaidy Mrinner in
That the faid bridge fliall be well built, at leaft forty feet wide, wnich the
of found and fuitable materials, with a convenient draw or paf- Bridge (hail
fage way, at leaft thirty feet wide, and at a proper place, with ^" ^"'^^
well-conftrucled, fubft:antial piers on each fide, and well planked
on the top and iides with plank, proper for fuch a bridge •, and
the fame fhall be kept in good, fafe and paffable repair, for the
term aforefaid, and at the end of the faid term, the faid bridge
fliall be left in like repair : And the faid proprietors jfhall How accom
conftantly keep the faid bridge accommodated with at leaft "lodatcd.
twenty good lamps on each fide the fame, which fhall be well
fupplied with oil, and lighted in due feafon, and kept burning
till twelve of the clock at night ; and alfo at the feveral places
where the toll fhall be received, they fliall ereft and conflantly
expofe to open view, a fign or board with the rates of toll of
all the tollable articles fairly and legibly written thereon in
large or capital letters ; and the draw fhall be lifted for all fhips
and veflels without toll or pay, except fuch as ufually pafs under
Cambridge bridge, and thofe pafling for pleafure.

Sect. 5. A/id be it alfo further enaBed by the authority afore- Cjjj^ allowed
Jaidy That after the faid toll fhall commence, the faid proprie- Harvard -Col-
tors or corporation fhall annually pay to Harvard College or ^^^^' annually.
Univerfity, the fum of two hundred pounds, during the faid
term of forty years ; and at the end of the faid term, the faid
bridge fhall revert to and be the property of the Commonwealth, ^^ ^^^ ^""^ °f
favinsf to the faid College or Univerfitv, a reafonable and annual r°j^'^"^?' * ^

^ r • r 1 1- c A r I'll Bridge to re-

compenlation for the annual mcome or the lerry, which they vert to the
might have received had not f\id bridge been ere£led. Common-

Sect. 6. And be it further e.naFted, That if the faid proprie- "*'*^^^^'^^'
tors fhall refufe orneglcdf, for the fpace of three years after the
pafling of this Acl, to build and c-omplete the faid bridge, then
this Aft flaall be void and of no effech

[This Aa paffed March 9, 1785.]

An ACT for incorporating a certain Tracl of Land,
fituate between the Rivers of Gr^^?^ and Little OjTapee^
in the County of 7^o)% which was fettled by Thomas
Parfons and his Affociates.

WHEREAS the inhabitants of the faid traft of land have
reprefented to this Court, that at great labour and
expenfe they have feverally fettled the faid tradl •, but by rea-
fon of their unincorporated ftate, are not in a capacity to raife
money neceffary for repairing roads, and fupporting the preach-
ing of the gofpel, and fchools, nor of anfwering the demands
that may arife for their proportion of the public taxes ;

Sect. i. Be it therefore enacted by the Senate and Houfe cf
Reprefentatives in General Court affembled^ and by the authority of
thefame^ That the trad of land aforefaid, bounded as follows,

Preamble.

Vi%;

96 PLAINFIELD. March i6, 1785.

fioundaiies. -u'lz. Bejjinning at Grer.t OJJ'apes river, where the province line
(lb called) between Neiu-HanjfJ}jire and the late province of
Alidne, croiles the faid river j thence runnl}}g fouth, eight
degrees well, by tlie Taid line, to the top of a mountain three*
quarters of a mile fouth oi a pond, called Province Pond ;
ihcnco eaft, eight degrees fouth, by a fpotted line, to an elm
tree fpotted, near a Jmali frog-pond j thence north, eight de-
grees call, by a fpotted lijie, to the bank of Great OJfapee river j
thence weuerly by the faid river to the bounds liril mentioned,
containing by eitimation thirty-iix fquare Englilli miles, be
and hereby is erected into a town, by the name of Parjonxfield ;

•iivoft'i-d with and that tlie inhabitants thereof be, and they hereby are veiled

i'u\\i.rs with all the powers, privileges and immunities, which the in-

habitants of towns within this Commonwealth do, or may by
law enjoy.

Pimon Frye, 8ect. 1. And he it further efiacled, That Simofi Frye, Efq.

Eiq to call a ]-,g^ j^p^^ ]^q hereby is empowered to ilTue his warrant to fome

niccang. pi'Incipal inhabitant of the faid town, requiring him to warn

the inhabitants thereof to meet at fuch time and place as he
fhall therein fet forth, to choofe all fuch officers as towns are
by law required and empowered to choofe in the month of
AI/7>rlj, annually.

Frovifo. Sect. 3. Provided always^ That this A61 fhall be fo con-

flrued, any thing therein to the contrary notwithftanding, as
not to affeft the claim of this Commonwealth, or other cor-
porate body, or of any private perfon whatever, to the faid
tra(St of land, or any part thereof, if any fuch claim exifts.
[This A6t paired March 9, 1785.]

An ACT for incorporating the northerly Part of the
Town of Ciumnington into a Diflrid by the Name of

PUiinfeld.

Pfeambl" "^l^T^^^-^^^ ^^ appears to this Court, that the inhabitants

' \ V °^ ^^^^ northerly part of Cummington are expofed to

preat inconveniencies in attending public worfhip, by reafon of
their diihaice from the raeeting-houfe in the laid town. And
Vi'hereas the faid inhabitants have earneftly requefted to be in-
corporated into a feparate diflrift :

Sect, i . Be it therefore enaBed by the Senate and Houfe ofRep-'

refciiiatives^ in General Court njfembled, atid by the authority of the

r'alnficld in- fame^ That the aforefaid northerly part of Cummingtony be, and

c(>r))oratecl,and it hereby is (by a line drawn through the centre of the faid

invelted with ^.owny from eaft to weft) incorporated into a diftricl by the

powers. TxmxQ of Plainfield-; and that the inhabitants of the faid diftridt

be veftcd with all the powers and privileges which the inhabit-

ants of diftri(^ts within this Commonwealth do ox may enjoy.

Sect.

GRANVILLE. March 17, 1785. 97

Sect. 2. Provided ahvays^ and he It further enacledj That Inhabitants
the inhabitants aforefaid lliall be held to pay their proportion- ^^^^_ ^"ircady
able part of all taxes which have heretofore been granted by, granted.
or aifefled on, the faid town.

Sect. 3. Be it further enaElcd by the authority aforefaidy That
Nahum Jger, Efq. be, and he is hereby empowered to ifllie his Nahum Ager,
warrant to fome principal inhabitant of the faid didria, requir- Efq. to call a
ing him to warn the inhabitants thereof, qualified to vote as "^^^''"S-
the law direcls, to meet at fuch time and place as he fhall think
lit, to choofe all fuch ojfficers as diftri^ls are by law authorized
to choofe in the month of Alarch, annually.

Sect. 4. And he it further enaBed by the authority aforefaidy

That the inhabitants of the faid diftridt fhall forever fotain, Inhabitants to

hold and enjoy one full third part of all the public lands which '■<=*^|" * P"^"*"

,, ,/-., r/-. • pubhc lands.

now belong to the laid town or Lummiugton.

[This Aa paired March l6, 1785.]

An ACT for dividing the Town of Grajivilk into three
feparate Pariflies.

WHEREAS for the convenience of attending the public preamble:
worlhip of God, it is found neceflary to divide the
town of Granville into three feparate parifhes ; and the inhab- '

itants thereof having applied to this Court for that purpofe :

Sect. i. Be it enacted by iht Senate and Hoi/fe of Reprefenta-
fives, in General Court ajfenibled, and by the authority of the fame ,
That the faid town of Granville be, and is hereby divided into
three feparate parifhes, by the feveral names of the Eaft, Middle
and Weft parilh of Granville, by the following lines, viz. The i/mc between
hnes between the eaft and middle parifli to begin at Hartland the eaft and
hne, at the brook called Great-Valley-Brooh, to run northwardly "^''^^^ i"^"^'''
by the faid brook to the great-valley bridge •, then from the
faid bridge northwardly, to a bridge over the faid brook, on
the north road, fo called ; from thence to the fouth-eaft corner
of John Webb's land ; thence on the faid JVebb's line to Blan-
fordVme. The line between the middle and weft parilli to begin Line betweea
at the dividing line between Hartland and Granville, at the '^^^ "^^'^'^.If '^^^
centre between the road which leads from Colonel Rohinfonh to 1 ^ •
Hartland meeting-houfe, and that which leads from Mofs Golf'^
to the faid Hartland meeting-houfe •, from thence running
northwardly a ftraight line, to the middle of the bridge over
Hubbard's River, on the county road ; from thence running
northwardly to Blanford line, in a centre line between the two
roads, viz, one leading from Timothy Robinfon's to Thomas More's,
the other leading from Samuel Hall's to Loudon.

Sect. 2. Be it further enacled. That the meeting-houfe, -vvrhat lands,
niiniftry lands, and the rents due for ufe of the faid lands lying &c. fhall be-
in the eaft parilh in the faid Granville, llvall belong to and be long, to the eaft
for the ufe and benefit of the faid parilh. ^^'' *

Vol. L N Sect.

98 POCHA-BEACPI. June 14, 1785.

What fli-'ll be- Sect. 3. And he it further enaHcd, Tliat all the lands given
lon^tothcweft, by the proprietors for the fupport of tlie gofpel for the weft
parifli, iliall belong to and be for the ule and benefit of the
faid weft parilh, together with all the proceeds of the f<ile of
the faid lands, or any other monies or fecurities for money that
may have been given to the inhabitants of the faid parifli.
Sect. 4. And be it further eiiaFted by the authority aforefaidy
Panfhe^inveft- That tJ\e leveral pariflxes aforefiid be, and hereby are reipcc-
g).g ' ^ " lively invefted with all the povrers, rights, privileges and immu-
nities, wiiich other pariflies in this Commonwealth are invefted
with.

SiCT. 5. And be it further': ennEfed h^ the authority aforefaidj
Er"''to^ill''a '^^^■''^ ^^''""^ Phelps, Efq. be, and is hereby authorized and em-
iiicetiniT ill each powered, to ilTue his warrant to fome principal inhabitant of
parilh. 6 icli of the fiid pariflaes, requiring them to notify and warn

the inhabitants of the faiil parillies to which they refpectively
belong, to meet at fiich time and place in each of the faid par-
ijhes, as by the faid warrants fhall be duly fpecified, and then
J and there choofe ftich officers as may be neceffary to manage

the affairs of the faid parifhes refpeitively. i\nd the inhabit-
ants qualified by law to vote being fo allemblcd, fhall be and
:^ are hereby empowered to choofe officers in their relpeflive
parifhes accordingly.
¥ [This Aft paffed JlLrrch 17, 1785.

An ACT to prevent Damage being done by Neat Cat-
tle and Horfes on Pocha-Beach, in the Town of Eaji-
tmn and Meadow thereunto adjoining.

WHEREAS it appears to this Court by the reprefentation
of the proprietors in the fouth part of the town of
Eafhnin, that the turning out of cattle and horfes on the beach
called Pocha-Beach, and on the meadow thereunto adioining,
lying in the fouth part of the town of Enftbaw.^ doth greatly
endanger the lofs of the faid meadow : To prevent which.

Sect. i. Be it efiaBed by the Senate and Houfe of Reprefenta^
tivesy in General Court affemhled^ and by the author it '^ of the fame,
Perfons turn- --phat after the pafling of this Act, if ipal inhabitant within
the faid diftrift of Eajlhamptofif directing him to warn the in-
habitants of faid diftri(Sl qualified to vote in town affairs, to
aflemble at fome convenient time and place in the lame difi:ri<5l,
to choofe all fuch town or dillri^t officers as by law are to be
chofen annually in the month of March.

Sect. 3. Provided neverthelefs. The inhabitants of the faid
diilri(St of Eajlhampton^ which were before the paffing this Act
inhabitants of any other town or place, lliall pay their propor-
tionable part of all fuch town, county and ftate taxes, as are
already afTclTed or levied on them by the towns where they
uuially were taxed.

Sect. 4. And he it further enacted by the authority nforefaidy

y , r ., , ,„ That the inhabitants of the faid diftrift fliall have liberty, from

Inhabitants to . . ..... r at ; • i i •

join with tune to time, to jom with the town ot rJort/oainpton in the choice

Northampton, of a Reprefentative ; and they lliall accordingly be notified of
m the choice ^.^^^ ^.j^^g ^^^j place of election in like manner with the inhabit-
tative. ^"^ts of laid town of Northampton, by a warrant from the feled-

men of faid town, direded to a conftable or conftables of faid
diftridl, requiring him or them to warn the inliabitants to at-
tend the meeting at the time and place afligned, which fhall
be fealbnably returned by faid conftable or conftables j and the
Reprefentative or Reprefentatives may be chofen indlff^erently
from laid town and diftrift ; the pay or allowance to be borne
by the town or diftrift, in proportion as they Ihall pay from
time to time to the State tax.

Sect. 5. Provided like^uifey That faid diftrlft give up all
their right In any of the town lands, monies and obligations to
which the inhabitants of laid difi:ri6l were entitled, within the
towns ot Northampton and Southampton.

Sect. 6. And he it further enacted hy the authority aforefaid^
That all right of entry and right of action in, to, or for the re-
rio-ht of entry, covery of any lands or real eftate within the limits of the laid
&c in certain diftrlcl:, which before and until the palling of this Afl the towns
landi. of Northampton and Southampton were vefted with, fliall accrue

and enure by this Aft, unto the inhabitants of the faid difirift ;
and tliey the faid inhabitants of faid diilrift Ihall, to all intents
and purpofes, be vefted with the faid right of entry and right
of action forever.

[This Aa palled June 17, 1785.]

Provifo.

Inhabitants
veiled wi

*y#

GARDNER. >;2.^ 27, 1785. 103

An ACT for ere<Sling the weflerly Part of the Town

of Wejimin/ier, the fouthwellerly Part of Apbiirn- '^^■

ham^ the foutheafterly Part of Winchendon^ and the
eafterly Part of Te?npleion^ in the County of Worcejier,
into a Town, by the Name of Gardner.

WHEREAS the inhabitants of the wefterly part of the Preamble
town of Wcjlmvijler^ the fouthwefterly part of the town
of AJJjburtihamy foutheafterly pait of the town of Winchendony
and the eafterly part of the town of Templeton^ in the county of
I'Vorcijlery have reprefentecl to this Court the difficulties they
labour under in their prefent lituation, and requeft that they
may be incorporated into a feparate town, and it appearing to
this Court proper to comply with their faid requeft :

Sect. i. Be it enacied by the Senate and Houfe of Reprefentn-
tives, in General Court ajfembledy and by the authority of the fanWy
That the wefterly part of the town of Wejlnmijiei'y ibuthwefterly
part of the town of AJJjburnhani, foutheafterly part of the town
of IVinchendon, and the eafterly part of the town of Tetnplet-onj
in the county of Worceflery bounded as follows, viz. — Beginning jjounjaries
at the weft corner of the town of Wejhninjlcry running fouth-
eafterly on the town line on Templeton and Hubbardjron, to the
foutheafterly corner of lot No. thirty-two, third dlvifion ; -. .

thence i-unning northeaftcrly, ftraight to the foutheafterly corner
of lot No. ninety-one, fecond divilion ; from thence, upon the ^

line between lots No. ninety-one and ninety-two, to Afljhurnhani "

town-line ; thence ruiming fouthwefterly on Aphurnhavi line
to the northeaft corner of lot No. ftfty-five, fecond divifion, in
AJJjburnham ; thence by the northeafterly line of faid lot to ^

the north corner of the fame •, from thence ftraight to the north- gu'

eaft corner of lot No. forty-five, fecond divifion ; from thence
on the north line of the fame, to the northweft corner on IVin-
chendon line ; from thence northeafterly on faid line, to the
northeaft corner of lot No. fifteen, fecond divifion, on AJjjbnrn- '*'
ham line ; from thence fouthwefterly on a ftraight line, to the
northwefterly corner of lot No. one hundred and fixty, oil
Templeton line ; from thence foutlieafterly on f.iid line, to the
foutheaft corner of lot No. eighty-four, fecond divifion ; from
thence on the foutherly line of laid lot, to Otter River^ fo cal'cd ;
from thence up faid river, to Weftmin/Jer town-line ; from *

thence on faid line, to the lirft mentioned corner, be, and they ^

hereby are erected into a town, by the name of Gardner ; and Gardner incor-
the inhabitants thereof hereby are invefted with all the 'powers, P'"'^^'-''^' ''"fl
j,^ privileges and immunities, wl\ich the inhabitants of other towns po^v^i^'.

within this Commonwealth do f.r may by law enjoy. " ■'T •

Sect. 2. And be it further tnacledy That where t]\e lots that owners of lots afc*
are now fettled arc cut by the above lines, every owner of fuch cut In- the
lot iliail be lioiueu to pay taxes for the whole of fuch lot, to ^''^^^' ''^^'^ *®

that

'*#"*

104 LANDS INCORPORATED. Jttw? 27, 1785.

pay taxes to that town in whicli his houfe now ftands. Provided neverthelejsy
the town in j£ ^^^ owner of fuch lot fliall return a certificate into the Sec-
Sllfes now retary's office, within fix months after the paffing of this Aft,
iland. Provifo. expreffing his defire to belong, with his faid lot, to the other
town, fuch lot, and the owner thereof, fliall forever afterwards
be holden to pay taxes to the other town accordingly.

Sect. 3. Atid be it further enacted by the authority aforefaidf
Inhabitants r^j^^^. ^^^^ inhabitants of the faid town Ihall pay their proportion
^ alrtad^yanc- o^ "^^ ^^^es aheady granted, to be raifed in the feveral towns

ed. " from which they were refpe£lively taken.

... ^, Sect. 4. And it is further enaFied^ That Nicholas Dyhe., Efq.

Efq. to call a' be, and he hereby is empowered to iflue his warrant directed to
'^ meeting. fome principal inhabitant, requiring him to warn and give notice

to the inhabitants of the faid town to aflenible and meet at fome *>
fuitablc time and place in faid to%vn, to choofe all fuch officers ^j
as towns by law are required to choofe, at their annual town-
meeting, in the month of March.

[This Aa paired June 27, 1785.]

An ACT for incorporating certain Lands belonging to
a number of Inhabitants of the Town of Spr'm^eld
lying on the P'me Plain, in faid Town.

' ■^"irj'HEREAS application hath been made to this Court, by

preamble \' Y the petition of Thomas Dwight, for himfelf and in be-

jV half of the perfons hereafter named, 71/2;. Alcfes Blifsy Efq.

h JHt Ebene-zer Warriner, Timothy Blifs, J'^fip^^ dough, IVilliam Pyn-

^^ chon, Efq. Alexander Blifs, Aaron U'^arriner, jfacob Coclcy, Charles
Brewer, Elam Burt, John AJljley, Luke Blifs, David Ajhley, An-
drew Colton, Preferved White, George Pynchon, Edward Stebbins,
*•" Solomon Ferre, and Thomas Bates, reprefenting, that they are

the proprietors of certain parcels of land on the Pine Plains (fo
called) in faid Springfield, lying contiguous each to the other,
which are now without fence or inclofure, and on that account
Of f^ ;\- fubjedted to damage and rendered of little value to them ; and

^ ** Ijl^ praying that faid lands (containing about feven hundred acres)

jtH * ^ jtL. "^^y ^^ ere6led into one common and general field, as included,

^^ -* <* \n K when collectively taken, within the following defcription and
1^ boundaries, viz. The tracl of land lying in faid Springfield, on
the fouth fide of the highway leading from Springfield to M^il-
hraham, called the flxteen acre road, and bounding northerly
thereon, lying alfo weft of the brook called Stotiepit Brook, north
of Mill River meadow, bounding fouth thereon, and the fence
inclofing the laid meadow ; lying alio eaft of a town-way, lead-
ing from Bojhn road to the highway which leadeth by the houfe
of David Ajhley, and bounding wefl on laid town-way ; alfa
bounding eaft on a lot of land owned by Elijlja Ferre, lying a
little well of laid Stonepit Brook : Therefore,

Sect.

.* #

+ «

CHOCOLATE-MILLS, &c. June 30, 1785; $05

Sect. i. Be it enaFted by the Senate and Houfe of Reprefenta- Lands defcrlb-
tiveSy in General Court ajfembled, and by the authority cf the feline^ ed incorporated
That the lands aforelaid, being all the lands included within •"'? ^"^ s^°""
llie defcription and boundaries aforefaid, be, and hereby are in- ^* "^ •
corporated into one common and general field ; an<l the pro-
prietors and owners of the i'aid lands are hereby invefted with
all the pov/ers and privileges which the proprietors of lands in
general fields by law are invefted withal. "*?-

Sect. 2. Atid he it further enaEted., That each and every of Proprietors
the proprietors aforefaid may be at full liberty at any and all "^^^ ^^ J'^°
.times hereafter, to inclofe and improve by themfelves, any of ^^d imptovl
their lands lying within the limits aforefaid, as if fuch Adl of lands, &c.
incorporation had not been made \ they maintaining their re-
fpeeiiive proportions of the g£neral fence around the fame.

[This Aft pafled June I'j, 1785.]
■• ■ '

^xi. ACT to prevent Damage from Fire being com-
muiiica.ted from Chocolate-Mills and Machines for
roafting Cocoa, in the Town of Bojlon.

'HEREAS chocolate-mills and machines for roafting
cocoa have been erefted in the to^^m of Bojion^ near to
bther buildings, to the great hazard of the lives and property
of the inhabitants of the faid toAvn :

Be it enatled by the Senate and Houfe of Reprefentatives^ in Gen~
eral Court ajfembled, and by the authority of the fanie^ That if anv
perfon, from and after the fifth day of July next, fhall, v/ithin
the faid town, roaft or caufe to be roafted any cocoa, for the
piirpofe of manufadluring the fame into chocolate, in any
building wliai:ever, excepting fuch as may or fhall be licenfed
for that purpofe by the major part of the feledlmen of the town
aforelaid, and two Juftlces of the Peace fot" the county of Stf~
folhy quorum uiuiSy he Ihall forfeit and pay, for evei-y fuch of-
fence, a fum not exceeding one hundred nor lels than fifty
pounds.

[This Aft pafled June 30, 1785.]

An ACT incorporating certain Lands in Vfe/l-Spj-'mg-
jield^ into a common Field.

WHEREAS Jonathan Smithy Aaron Day, Caleb Parfons, preaj^r,ie ^^ ''Wf
Benjamin Day, Elq. Jofeph Mirich, Elijah Day^ David Bouudarieg. '
Mafony Jonathan IVhite, Ebenezer Day and Juf'in Ely^ Efq. all -'-Mp j|

of WeJ-Springfieldy proprietors of a certain traft of land there,
being the northwardly part of the ancient common field, have %

petitioned that the faid lands may be incorporated into a com-
jnon field, as they are included in the followijag lines : — Be-
Voi,. I. O ginning

io6 LANDS INCORPORATED. Odober 28, 1785.

ginning nt the foutherly corner of John Ely's inclofed land the
north fide of the road, that leads from Captain Gideon Leon"
ardh ferry, acrofs ConneElicut River-y to the bridge over ^ga-
ivam River, to extend northwardly on Jo/?n Ely's fence, there
to the northweft corner of his faid inclofed land, thence turning
eaft a few rods on the faid fence, until it comes to Colonel Ben-
janiin Day's fence there ; thence turning nortlierly, and con-
tinuing on faid fence until it comes to Dr. Jc/ju Van Home's
fence or ditch ; thence turning and running weftward on the
faid fence to CoId^Spring, fo called, and keeping the fame courfe
nearly, on the ditch, the fouth end of Ebenczer Days and Cap-
tain Abe! Cooky's land to the fouthweft corner of faid land,
thence turning northweftly on the range of faid Cooleys ditch,
uni.il it comes to the fouthweft corner of Deacon Jonathan
White's home lot ; thence turning fouthwardly the eaft fide of
the road that goes to the bridge over Agaivam River, until it
comes near the northweft corner of Samuel Leonard's pafture
there \ thence turning eafterly, and running on the north fide
of the highway that leads from the aforefaid bridge, to Capt.
Gideon Leonard's ferry, to the firft bounds :

Sect. i. Be it therefore enacted by the Senate a7jd Houfe of

Reprefentatives, in General Court affemblcd, and by the authority of

Incorporated & the fame, That the lands aforefaid be, and they hereby are in-

mvcikd -wiih cornorated into one common and general field ; and the pro-

^ * prictcrs and owners of the faid lands, are hereby inverted with

ail the powers and privileges, that the proprietors of lands in

general fields by law are invefted withal.

And luhereas Timothy Day, one of the proprietors of the faid

lands, hath not joined in the application for the incorporation

thereof, but has declined confenting thereto :

Timotliy Day Sect. 2. Therefore be it enacted, That the fxid Timothy Day^

not holueo as a {\i-^\\ not be holden as one of the proprietors of the faid field,

proprietor. ^^ contribute to the making the general fence around the faid

field, nor be fubjecSled to the votes of the other proprietors

thereof, in regard to the lands he now owns there, whenever,

and fo long as he fhall inclofe and improve the fame in feveralty,

or Hi all not improve the fame under the proteftion and fecurity

of the common fence, with the reft of the proprietors in general,

any thing in the foregoing paragraph to the contrary notwith-

ftanding.

Sect. 3 . And be it further enaEled, That each and every of

libcrt"'^\o" •^- "^^^^ petitioning proprietors aforel'aid, ihall in future be at full

cleft: their lands liberty to inclofe and improve by themfelves, any of their lands

&c. lyi^ig within the limits aforefaid, in the fame manner, and with

the lame privileges as are above referved to the faid Timothy Day.

[this Aft paiied OBoher 28, 1785.]

NATURALIZATION. AV.v-w^^r 22—23, ^7^5* i^7

An ACT for naturalizing Paul Bcifremieux.

WHEREAS Paul Beltiemleux, late of Rcchellc, in the
kingdom of France^ and now reiiding in Nenvburyporty
in the county of Epx, and Commonwealth aforefaid, hath
petitioned the General Court that he may be naturalized, and
be thereby entitled to all the rights, liberties and privileges of
a free citizen of this Commonwealth :

^ Sect, i . Be it eriaBed by the Senate and Houfe of Rcprcfcnta-
iives, in General Court ajfewbled, and by the authority of the fame^
That the faid Paul Beitremicuxy upon his taking the oaths of
allegiance and abjuration recjuired by the conilitution of this
Commonwealth, before two Juftices of the Peace, fliall be
deemed, adjudged, and taken to be a free citizen of this Com-
monwealth, to all intents, conftruftions and purpofes, as if he,
the faid Paul hatl been an inhabitant of the territory, now the
Commonwealth aforefaid, at the time of making the prelent
form of civil government.

Sect. 2. And be it further enaBcd by the authority aforefaid^
That the Juflices before whom the faid oaths fliall be taken,
fhall return a certificate of the fame into the Secretary's oSice,
to be placed on the records of this Commonwealth.
[This A(St paffed November 22, 1785.]

An ACT for naturalizing William Bond.

WHEREAS IFilliam Bondy late of Devonpire^ in Great-
Britain^ goklfmith, now reiiding at PaUnouihy in the
county of Cumberland, and Commonwealth of Maffachujetts, has
petitioned the General Court that he may be naturalized, and
be thereby entitled to all the rights, liberties and privileges of a
free citizen of this Commonwealth :

Sect, i . Be it enacted by the Senate and Houfe of Reprefenta-
tives, in General Court affembled, and by the authority of the fame.
That the faid William Bond, upon his taking the oaths of allegi-
ance and abjuration required by the conftitiition of this Com-
monwealth, before two Juftices of the r'eate of the county
where lie dwells, ihall be deemed, adjudged, and taken to be a
free citizen of this CommonwcaitJi, to all intents, conftruttions
and purpol'es, as if he, the faid William, had been an inhabitant
of the territory, now the Commonwealth aforefaid, at the time
of making the prefent form of civil government.

Sect. 2. And it is further enacted, 'J?hat the Juftices before
whom the fame oaths fliall be taken, fliall return a certificate of
the fame into the Secretary's oiTice, to be entei-ed in a book to
be kept for that purpoie.

[This Aa pnflcd November 23, 1785.]

io8

IPSWICH.

Ncvemhr 2g, 1785,

Preamble.

Part of Ipfwich
iet off.

^ro,viIt,

An ACT to {qX ofF Part of the Town of Ipfwich^ and
to annex it to the Town of RoivJcy.

HEREAS it appears rcafonable tliat Mofes Bradjtreety
and others, on the nortJieaflorly p?.rt of Ipfiuich^ fhould
be let off from faid town of Ipfivichy and annexed to the town
of Rcw!ey :

Sfxt. I. Be it therefore enaSlcd by the Sc/nnfe and Houfe oj
Reprifc'tativesy hi General Court ajfenibicdy and by the authority of
the faijie, That all that part of livid town of Ipfwich that lifes
■within the lines hereafter mentioned, beginning on the lirie be-
tween Roiuley and J/pwichy at a certain fence between land of
Nathan Lambert and land of John and Timothy Harris, running
eafterly, as the fence now ftands, till it comes to a ditch in tlie
niarfh, and by faid ditch till it comes to Roiuky river ; thence
northeaftcrly by faid river till it com^js to the line between
Ipfvich and Rowley ; thence by faid line till it comes to the
bound firft mentioned, with the inhabitants thereon, fhall be,
and hereby ai*e let off from the town of Tpfivichj and antiexed
to the town of Rowley.

Sect. 2. Provided tieverthclcfs. The proprietors of the lands
fet off from the town of Ipfwich as aforeiaid, fhall be held ta
pay to the Trealurer of the faid townfxiyfive pcu/ids, '\n full of
all demands, according to agreement.

[This A61 paffed November 29, 1785.]

J'reamble.

Saundaries.

Jll'Intire.,

An ACT for incorporating certain Lands in IVe/l-
Springjieldy in the County of Hampfhire, into a com-
mon Field,

; ]rHERE AS Abraham Burhanh, Efq. Gideon Mofey, Rufel
Leatiardy Je/fc M*Iniire, Major Samuel Flower^ George
e, Reverend Sylvaniis Grifwould^ Abraham Ripley, "JujUn
Graifiger, Aujlin Leonard, 'John Leonard, fofeph Pierpont, Tf^illiam
Leonard^ Daniel Leonard, Reverend lidivard Upham, Ozias
Flower, Jcfah Grainger, OHv?r Leonard, Preferred Leonard^
Vintin Leonard, Scunuel Palmer, Mofes Leonard, Samuel Leonard,
Enoch Cooper, David White, Abner Leonard, and Gideon Leonard^
have petitioned this Court, fetting forth that they are the pro-
prietors of the greatell: part of a tract of land lying in laid Wcf-
Springfeld, between Agawarnflreet and Feeding-Hills flreet, fo
called, that the fame is light, arable land, which will not pay
the expcnfe of fmall inclofures, and praying that the fame may
be incorporated into a general field, bounded as foUows :-^To
begin the fouth fide of the county road, a few rods weft of the
dwelling-houfe of Samuel Palmer, above-meniioned, and to run
north, twenty-fix degrees Aveli, to the corner of George Leonard's
Jand, twelve- rods, the eaft fide of a twenty-rod road 5 then to

run

LANDS INCORPORATED. November 30, 1785. 109

run north, forty-five degrees Aveft, on the enftAvard fide of the
twenty-rod highway, and on the w^ftward end of fundry ten
acre lots, one hundred and eighty rods, to the northweil corner
of a lot of land belonging to the heirs of Patrick Marfka!, de-
ceafed ; then to run north, eleven degrees eaft, fi.xty-fix rods,
to Samuel Palmer's land ; then on the weftwardly end of faid
Pa/mer's land on ah old ditch, northwefliward, fifty-four rods,
to a gate near the dwelling-houfe of Sar/dy O/ikamore ; then
Avefl:, forty-one degrees north, by the fouth fide of laid Onka-
inore's fence, thirty-five rods ; then north, eight degrees eaft,
twenty-eight rods, to land lately owned by Mr. Kelfcyy to a
ditch ; then partly on fixid ditch to run weft, thirty-eight de-
grees north, one hundred and twelve rods ; then weft, twenty-
iix degrees north, twenty rods, on a ditch to the Old Stone Path^
ib called ; then weft, "thirty-feven degrees north, on a ditch,
twenty rods \ then north, thirty-eight degrees weft, twenty-four
rods, on Preferifed Leonard''s fence, at Medancage Grant ; then
weft, twelve degrees north, twenty rods ; then to bound on
Medaneage Grant, to thie weft end thereof, forty-two rods ; then
weft, thirty-five degrees fouth, twenty-eight rods, to a marked
ftacj^le, at the corner of a ditch ; then weft, twenty-five degrees
north, on Preferved Leonard's ditch, fixty-two rods ; then to
run eighteen rods to Agawam River : th.en on the fouthweft
fide of faid river to Abel Leonard's land, weft of a deep gutter ;
then to run from the river, fouth, thirty-one degrees weft, be-
tween the grants of land owned by Ahel Leonard and Daniel
Leonard, deceafed, fifry-fix rods, to George Al^Intireh land ;
then weft, three degrees north, twenty-two rods on the north
fide of the faid M'Intire's land ; then fouth, eleven degrees
xveft, by faid land, eighteen rods •, then fouth, twenty-three
degrees eaft, fifty^two rods ; by faid M^Intire's land ; then on
the northwardly fide of Aujlin Leonards land, partly on a ditch,
feventy rods ; then weftward, by George M^Intire's lantl, fixty
rods, to the northeaft corner of Jonathan Loowis's land ; then /
fouth, fifteen degrees eaft, by the laid Al^Intire's land, fifty-four
rods, to the outward common line j then v:eft, the fouth fide
of Jonathan Loomis's land, feventy rods, to the county road
leading from. JVeJIfeld to Sujjield ; then fouth wardly, on the
eaft fide of fiiid road, three hundred and fixty-feven rods and
an half, to a town road near Aujlin Leonards houfe ; then to
run eaftward, on the north fide of faid road, to Ozias Lloiver's
barn, being one hundred and twenty rods j then on the north-
eaft fide of the faid town road, one hundred and fifty-four rods,
a little fouth of the dwelling-houfe of the Reverend Edivard
Upharn ; then eaft, thirteen degrees fouth, on a ditch, eighty-
five rods ; then fouth, thirteen degrees weft, twenty-five rods
on a ditch ; then eaft, five degrees and thirty minutes Ibuth,
by the north fide of Benedicl BUfs's liind, eighty-four rods ; then

north.

no LANDS INCORPORATED. November ^i^o, 1785.

north, on the weft end of Si^argeanfs land, fifty rods ; then eaft,
five degrees and thirty minutes fouth, on the north fide of
Seargeanfs land, one hundred and forty rods, to the inward
common line ; then to run north on the faid line, two hundred
and fixty-fix rods, to a ditch at the northweft corner of a lot
of land owned by the heirs of Benjamin Leonard^ deceafed j
then eaftward, on the faid ditch, thirty-four rods ; then fouth-
wardly, by the faid ditch, thirty-eight rods ; then eaftward, on
the faid ditch, the northwardly fide of the faid lot, eighty-eight
rods, to a town road ; then to run acrofs the faid road to the
corner of land owned by Reuben Leonard^ five rods j then to
run eaftward by the faid Leonardo fence, ninety-fix rods ; then
on a ditch, by the faid Reuben LeoJiard's land, and George
Leonard's land, fifty rods, to land of Enoch Cooper ,- then, by
the laid Cooper^s land, on a ditch, fi:jty-four rods, to Samuel
Palmer''^ land, at a ditch ; then by the wefterly fide of the faid
Palmer^ land, by his fence, one hundred and five rods, to the
firft mentioueJ bounds :

Sect. i. Be it enacted by the Senate and Houfe of Reprefenta»

fives, in Genera/ Court ajjembled, and by the authority of the famCy

Lands incor- ^hat the lands aforefaid, being all the lands included within

pora c ^^ XvciQ^ aforefaid, be, and they hereby are incorporated into

one common and general field ; and the proprietors and OAvners

of the faid lands are hereby invcfted v/ith all the powers and

privileges that the proprietors of lands in general fields by law

are veiled withal.

Non-petition- Sect. 2. Provided neverthehfs, and be it further enaBed/Ihit

"g iiropnetoip, ^^^q q£ ^j^g proprietors of lands included in the limits of the

not obliged to ^,irr-i •• r

contribute to general field aforeiaid, and who have not petitioned thereror,

the general Ihall be obliged, as members of the faid corporation or propriety,

fence, &c. ^^ contribute to the general fence, or be fubjected to the votes

of the other proprietors in regard to their lands they now own

there, whenever and fo long as they fhall inclofe and improve

the fame in feveralty, or fliall not improve and enjoy the fame

under the protection and fecurity of the fame common fence

with the reft of the proprietors in general ; any thing in the

foregoing paragraph to the contrary notwithftanding.

Petitionino- Sect. 3. A?id be it further enaEltd, That each and every

proprietor^ at of the petitioning proprietors aforefaid, may be at full liberty, at

liberty to in- any, and at all times hereafter, to inclofe and improve, by thcm-

t\'^ ^I^'^'^"^* Selves, any of their lands lying within the limits aforcfaid,as if fuch

' ' Act of incorporation had not been made, they maintaining iheir

refpedlive proportions of the general fence around the fame.

[This A(Sl pafil'd Nouember 30, 1785.]

ball's SWAMP. November 20, I y^s. m

An ACT for incorporating into a diftincl and feparatc
Field, a Tract of Land called Ball's Swamp, lying in
the Great Field on the weft Side of Conjiedicut River,
in the ancient Town of Springfield, and bounding
foutherly and eafterly on jigawam River, northerly
on the Brow of a Hill, and wefterly on Ferre's Land,
fo called.

WHEREAS the proprietors of the faid tra(£l of land called Prcambki
Ba/I's Sivainp as aforefaid, have reprefented to this
Court that the faid traft contains about forty acres of choice
mowing land, and that the fame is fo peculiarly {ituated that it
may be inclofed by itfelf with very little expenfe, faving on the
weft fide, and that the profits of the fame would be greatly in-
creafed to them by having the fame incorporated into a diftin£l
and feparate field, and prayed that the fame may be incorpo-
rated accordingly : Therefore,

Sect, i . Be it enaSIed by the Senate atid Houfe of Reprfcnta-
tives, in General Court affembled, and ^y the authority of the fame, ?^^'* Swamp
That the faid trad of land called 'BaWs Sivamp, lying ^nd '°'°^f°'*^'='*V
bounding as aforefaid, be, and hereby is erefted into a diftindt
and feparaie common field ; and that the owners and proprie-
tors of the lands there, be, and hereby are invefte<l with all
fuch powers as the proprietors of lands lying in common fields,
in this State, are in general by law invefied with.

Sect. 2. Provided neverthelefs. That if any one proprietor Provifc.
of lands lying in the faid fields lliall hereafter fee fit to fence
his part thereof by himfelf, and feparate it from the faid field,
he fhall have full liberty fo to do, without contributing any
thing to the general inclofure of faid field, and making only
one half the diviflon fence between his land and the relidue of
tlie faid field ; any thing in this MX to the contrary notwith-
ftanding.

[This AiSt pafTed 'Novanher 30, 1785.]

An ACT for incorporating a common and general
Field, in the Town of Deerfeld, in the County of

Hampfljire.

WHEREAS the proprietors of a tradl of land in the town
of Deerfeld, at prefent inclofed as a common field, have
petitioned that the lands aforefaid may be incorporated into a
common and general field, and the proprietors thereof thereby
entitled to the privileges by law granted to incorporated com-
mon fields : Therefore,

Be it enaEled by the Senate and Houfe of Reprefentativesy in
Gefieral Court ajfemblcd^ and by the authority of the fame, That

the

112 STANDISH. November ^o, lyB 5,

the lands aforcfaid, being all the lands included within the com-
mon lield fence in the town of Deer^eld^ as it now ftands, be,
and they are hereby incorpoi^ated into one common and general
iield ; and the proprietors and owners of the lands aforefaid
are hereby invefted with all the powers and privileges that the
•pi'pprietors of lands in general fields are by hw invefted withal.
[This A£t paffed November 30, 1785.]

Preamble.

Soundarics.

An ACT for incorporating the Plantation called Pear-
fontown^ in the County of Cumberland^ into a Town^
by the Name of Siaiidijh.

HEREAS the inhabitants of the plantatioti called Pear-
fo)ito%v?7, have petitioned the General Court that they
may be incorporated into a town, in order that they may enjoy
like privileges with other incorporated towns in this Common-
wealth : Therefor.^,

Sect, i . Be it enacled by the Senate and Honfe of Reprefenta-
fives, in General Court ajfembled, afid by the authority of the fame y
That the plantation called Pearfontonvn, in the county of Cum"
her land, bounded as follows : — Beginning at the northerly cor-
ner of Gorham, by Prefurnfcut River ; thence running up faid
river to the outlet of Soubago Pond ; thence northweft, acrofs
faid pond, fix miles ; thence fouthweft, eight miles, to Saco
River ; thence to run down faid river adjoining the fame to the
wefterly corner of Buxton ; thence northeaft, three miles and
two hundred and twenty rods, to the northerly corner of faid
Buxton ; thence fouth, thirty-three degrees eaft, to the wefterly
corner of Gorham ; thence northeaft, adjoining the head of
Incorporated & Gorham, to the firft-mentioned bound, be, and hereby is incor-
porated into a town, by the name of Standifj ; and that the
inhabitants thereof be, and they are hereby invefted with all
the powers, privileges and immunities, which the inhabitants of
towns within this Commonwealth do or may by law enjoy.
John Deane, SecT. 2. And be it further e?iaBed, ^Xh-Zt John Dcane,Y.{q.he
£fq. to call a and he hereby is empowered and directed to ijlTue his warranty
dire^led to fome principal inhabitant within faid town of Standflif
requiring him to warn the Inhabitants of faid town of Standifli,
qualified to vote in tcwu affairs, to afiemble at fome fuitable
time and place in faid town, to choofe all fuch oihcers as towns
by law are empowered and required to choofe, in the month of
March, annually, and to tranfafc all other matters and bufinefs
neccfiary to be done in f^iid town.

[This A£l palTcd November 30, 1785.]

invefted with
powers.

meeting.

NATURALIZATION. Fehrimry.^-^t, I735v 113

An ACT for naturalizing Michael WalJI:.

WHEREAS MJr/^ac-/ ira/JIj, refident in Sa/l/kaj, has (hvek
within this Commonwcahh leveral years, and demean- ^

'd himfelf well, r.nd has applied to the Legiilature to be natur-
alized ;

Sect. i. Be it enabled by the Senate and Hoiife of Rrprefenia-
tiveSy in General Court ajjemhledy and hy the authority of the fame y
That the faid Miehael Wa!Jl\ be permitted to take and fublcribe
rhe oath of allegiance to this Commonwealth, before two Juftices
of the Peace, quorum iiniis^ of the county where he dwells ; and
thereupon, and tlicreafter, he flaall Be deemed, adjudged and
taken to be a citizen of this Commonwealth, and entitled to all
the liberties, rights and privileges of a natural-born citizen.

Sect. 2. And he it further enaEled by the authority aforefaidy
That the Jufticcs before whom faid Michael Waljlj may take
und llibfcribe the oath aforcfaid, flaall make return thereof to
the Secretary of the Commonwealth, who fhall l^ecord the fame
in the book ordered to be kept for fuch purpofe.
[This Acl pafTed February/ 7, 1786.]

An ACT for naturalizing William E?^ving, Efq. and
yobn Diibalkt.

WHEREAS JVilliam Erving, ^{q. and fohn Duballet,
relldents in JBo/Ion, m the Commonwealth aforefaidj
have petitioned the General Court that they may be natural-
ized, and be thereby entitled to all the rights, liberties and
privileges of free citizens of this Commonwealth :

Sect. i. JBe it enacted by the Senate and Houfe of Reprefenta-
iives, in General Court ajp/nbled) and by the authority of the farm y
That the faid William Erving and John DiAallct, upon their
taking the oaths of allegiance and abjuration required by the
conftitution of this Commonwealth, before two Jullices of the
I'eace, fiiall be deemed, adjudged and taken to be free citizens
of this Commonwealth, to all intents, conftructions and pur-
pofes, as if they, the iaid William Erving and John Duhallet,
had been inhabitants of the territory, now I lie Commonwealth
aforefaid, at the time of making the. prbfent form of civil gov-
ernment.

Sect. a. And it is further enacted, Tliat the Juftices^before
whom the fame oaths fiaall be taken, fhall return a ccrtiiicate
of the fame into the Secretary's oJEce ; and the Secretary i';
tiereby diredled to record tlie fame in a book to be kept for
that purpofe.

flhis Aa pafTed February 8, 1786.]

Vol. r. P An ^

114 NATURALIZATION, &. February 17—25, 1786.

An ACT for naturalizing James Wakefield^ Ann Wake-
field^ his Wife, and Benjamin Wakefield, Ann Wake-
fields Terence Wakefield, and Mary Wakefield, his
Children.

'HEREAS the fliid James IVahefield was bom within
this Commonwealth, but for fifteen years paft has re-
H-eamble. fid-d Avithln the Province of Nova-Scotia, and was out of the
laid Commonwealth at the time of forming the conftitution
thereof J and the faid James having returned to dwell within the
fame, with his faid wife and children, has petitioned the General
Court that he and they might be naturalized :

Sect* i. Be it therefore enaElzd by the Senate and Hotife of
Reprefentatives, in General Court ajjembled, and by the authority of
the fame, That upon the faid Jame^ V/akefieldh taking the oaths
James Wake- of allegiance and abjuration, required by the conftitution of this
field and others, Commonwealth, before two Juftices of the Peace, quorum unus^
he the laid James vv akejield, togetner witn Ann JVakeJield, his
wife, and Benjamin Wahefield, Ann Wakejield^ Terence W^ahejieldf
and Mary IVahefield., all minors and children of the faid James
Wakefieldy firft mentioned, be, and they hereby are declared to
be free citizens of this Commonwealth, and fliall hereafter be
confidered, acknowledged and known, to all intents and pur-
pofes whatfoever as fuch, and be entitled to all the privileges
and immunities of free citizens, in as ample a manner, as if
they had been inhabitants in, and citizens of this Common-
wealth, at the time of forming the conftitution of the fiime.
^ .^ Sect. 2. And be it further enaEled by the authority aforefaid,

the oaths to be That the Juftices before whom the fame oaths fliall be taken,
returned into fhall return a certificate of the fame into the Secretary's office,
ih^ Secretary's to be placed on the records of the Commonwealth.
*^^ [This Acl paired February 17, 1786.]

An ACT to fet off Jonathan Pearfon from the South
Pariih in Ipfivich^ in the County of EJfiex, and to an-
nex him to the Fir 11 Parifh in Rowley.

WHEREAS for the greater convenience of attending the
public worfhip of God, it is found expedient to fet off
Freamble. Jonathan Pearfm and family with two pieces of land, the firft
piece with the dwelling-houfe and other buildings thereon, con-
taining about thirty-three acres, bounded eafterly by the coun-
try road, foutherly by land of Purchafe Jewett, wefterly by
lands of Peletiah Kinfman and Nathaniel Farley, northerly by
lands of Stephen Jeweit, and Daniel Drcjfer, to the road firft
mentioned : the fecond piece containing about eight acres and
bounded as follows, viz. beginning at the eafterly corner there-
of, thence running fouthwefterly by land of faid Nathaniel

BOYLSTON. ' March i, 1786. 115

Farley^ thence northwefterly by other land of faid PearfoUy
thence northeafterly by land of EUphalet Jeiuett, thence fouth-
eafterly by land of &f//>^« Jeioett, to the bounds firil: men-
tioned, from the fouth parilli in Ipjkvichy to the firfl parifh in
Rowley.

Be it enaHed by the Senate and Hoiife of Reprefentatives^ in
General Court ajfeinhled^ and by the authority of the Jame^ That Jonathan Pcar-
the above-faid Jonathan Pearfcn with his family, land and '°"' '^-^- f<^' «^-
buildings as above defcribed, be and they hereby are fet off
from the fouth parifh in Ipfcuich and annexed to the firil parifli
in Rowley^ and fhall forever hereafter be conlidered as belong-
ing to the faid firft parilh in Rowley^ for the ptirpofe of being
held and obliged to pay their refpective proportions of all taxes
for the fupport of the gofpel, that may arile within the fame.
[This A£t palled February 25, 1786.]

An ACT for incorporating the northerly Parilh in the
Town of Shreziijhiiry^ in the County of Worcejier,
into a feparate Town, by the Name of Boyljion.

o T^E it cnaEicd by the Senate and Hotfe of Rcpre-

■'-^ fentativeSy in General Court affembled^ and by the
authority; of the fame. That the lands herein after defcribed, viz.
Beginning at Worce/ler town line at a heap of ftones, betv/een
Nathaniel Haywood''s and Jonathan LovelPs, and running eaft Boundaries.
nine degrees north feventeen rods and an half, thence north, fix
degrees eaft forty rods, thence eaft thirteen and a quarter de-
grees north, one hundred and feventy-eight rods, thence eaft
twenty degrees north till you come to the lands of Nathan Ban-
n'lfiery thence fouth lixteen degrees weft thirty-live rods, thence
eaft twelve degrees north, one hundred fixty-lix rods, thence
north twenty-fix degrees eaft, feventy-four rods, thence eaft
twenty degrees noAh t\ll you come to the land of Jonathan
FaffettS) thence fo»th forty degrees eaft fixty-two rods, thence
weft twenty-nine tlegrees fouth forty-four rods, thence fouth
two degrees weft thirty-feven rods, thence eaft thirteen degrees
north one hundred and fourteen rods, thence fouth twenty-one
degrees weft forty-eight rods, whence eaft forty-three degrees fouth
thirty-four rods, thence eaft twenty-four degrees fouth twenty-
nine rods, to Northborough tovv^n line, bounding fouth on Shrc'wf
bury^ eafterly on the towns of Northborough and Berlin^ northerly •
on the towns of LancaJler and Sterlings and wefterly on the
towns of Holden and IVorccJler^ be, and they hereby are incor- ivjcorpor:ted&
porated into a town by the name of Boylflon : and laid tOAvn is invcikd with,
hereby invefted with all the powers, privileges and immunities powers,
that any town within this Commonwealth is entitled unto, agree-
ably to the conf titution and laws of this Coranionwealth.

1 1 6 E AST-SUDBUR Y, kc.

March 3, 17S9V

Town

&:c- to be di

vided.

To pary their Sect. 2. And he it further enact ed.. That the inhabitants of
portion of taxes f^^jj town of Bo\lfton fliail pay their proportion of all taxes already
already grant- gj.j,^f.g^ ^^^ ^^^ raifed in the laid town of Shrcwjlmry.

■ Sect. 3. And be it further enacted hv the niithonty of'jrefnidf
That the weights and meafures, one half of the town's fecurities
ftock, jinJ town flock, which were the property of the town of Shreivf-
bttry, fliall remain the property of Shrewjhury ; and the other
half Ihall be the property of BoylJIon ; and that the poor ihall
be apportioned and fupported, according to the vote of the laid
town of Shrev.jhiiryy palfed the lecond day of January in the
prefent year.

Sect. 4. And he it further enacted^ That Jofeph Wheeler ^
Jofeph Whce- -^^^^ }^q ^j^jj }iereby IS enipowered to' ifllie his warrant, direfted

ler, Efq. to call v ..,:,,.'■ ... i • .^ j •

anieetuH--. ^^ ionie principal mhabitant, requiring him to warn, and give
notice to tlie inhabitants of the laid town oi Boylfloi to affemble
and meet, at fome fuitable time and place in the faid town, to
choofe all llich officers as towns by law are required to choole
at tiieir annual town meeting in the month of March,
[This Aa palled March i, 1786.]

preamble.

An ACT for annexing that I'art of the Plantation call-
ed Fiinfs-Townj which lays in the County of 'Torky
• to the County of Cumberland.

WHEREAS the dividing line betvvreen the coimtie'^; of
Tcrk and Cwnherhmdy runs through the plantation of
Flinis-Tovjn, which is inconvenient : Therefore^

Be it enacted hy the Senate and Houfe of Reprfentative^, in Gen-^
cral Court ajjl'ivhled, and hy the authority of the fame, Th:\t from'
and after the palling this Aft, all that part of the fviid plantation,
which now lies in the county of Tork, be, and it hereby is fet
off and annexed to the county of Cumberland, and Ihall hence-
forth be confidered as part of the fame ; any law to the contrary
notwithllanding.

[This Aa paiTed March 3, 1786.]

preamble.

An ACT repealing one Claufe of an Acl, palled in the
Year One thoufand feven hundred and eio-htv, en-
titled, " An Ad: for incorporating the ea{l:::'rly Part
of the Town of Sudbury^ in the County of Middlefcx,
into a fcparate Town, by the Name o^ Eq/i-Sudbury ;"
and for prefcribing the Manner in which the Brld(i;es
and long Caufcways in the Town of Eq/i-Siidburyy
pointed, put'in the faid Adi, fhali be fupported aiiU"
maintained.

"ilEREAS, by the faid Act, it is enaacd. That the in-
habitants of tlie laid town of EaJI-Sudbury and il\c town

EAST-SUDBURY, &c. March ^, iy'^6, 117

of SuSz/ry, fliall iupport and maintain the bridges and long
cauleways, over the river and meadows near Mr. Jonathan Car^
iet-'s within the town of Enji-Suc/bury, notwithftandins; faid
bridges and caufeways lying within the town of EaJI-Sudhiiry^
in equal proportion between the faid town of Eafl-Sudburyi and
the town of Sudbury." And whereas it is found to be inexpe-
dient that the faid town?, Ihould any longer fupport and main-
tain the faid bridges iiiid caufeways in common or jointly :

Sect. I . Be it therefore enacted by the Senate and Hotife of Parajrraph re-
Reprefentatives in Gencial Court ajfemblcdi and by the authority c/' pealed.
the fame, That the before recited enaiTiang paragraph, in the faid
Aftj be, and it hereby is repealed.

Sect. 2. And be it further enacted by the authority a fore faid.
That the town of Sudbury lliall, from and after the paffing of Manner in
this Aa, fujipcrt and maintain the Canal Bridge, fo called, and trid^'es &?
the hutments of the f lid bridge, and fixty-four poles or perch iiiall be main-
of the long caufeway adjoining' to the faid Canal Bridge, and tained.
lying on the (buth Avefterly fide of the fame, viz. Beginning at
the Ibuth-wcfterly hutment of faid Canal Bridge, and from thence
running on the faid caufeway, towards the town of Sudburv, to
the utnioft extent of fixty-four poles ; faid bridge and caufeway
lying in the town of Eaf -Sudbury notwithftanding, and that
the town of Erf-'Sudbury fiaall, from and after the palling of
this Acl, fupport and maintain all the bridges and caufeways
mentioned in that cbuie of the aforefaid A.&. which this re-
peals ; excepting only fuch part thereof as by this Acl the town
of Sudbury are held to fapport and maintain.

[This Aa'palTed ilf^nV:) 3, 1786.]

An ACT to fet off Daniel Fay, Elifha Bonis, Pbineas
Be?nis, jfohn Leonard and Lydia Peiree, from' the
Town of Framiit^ham, m the County of Middlcfex,
and to annex them to the Town of Southborough,
in the County of Worcejler,

Cj,__ jyE it enacted by the Senate and Hoife of Reprefen-

■^ tatives, in General Court affemhlcd, and by the
authority of the fame. That the aforefaid Daniel Fay, Elflja Be-
mis, Phincas Beniisy John Leonard find. Lydia Peirce, togQiher
with the lands contained v/ithin the following lines, viz. — Boundaries.
Beginning at Southborough line at Stone •?. corner, fo called ; thence
running fouth, fix degrees weft, one hundred and ninety poles,
to a fmair white-afii tree, by Sudbury River ; thence running
up faid river by the fl^.me, until it comes to Southborough line;
thence on faid line to tlic'firft-mcntion'cd bound,, be, and they
are hereby fet off from the town of Framinghnm, and annexed to
the town of Southborough, there to do duty and enjoy privileges :
and the faid inhabitants and lands fhall be confidcred as beloncr>
ing to the couuty of JVorcfler^ and the two lines herein firft

mentioned

ii8 SCOTS CHARITABLE SOCIETY. Mar. i6, 1785;

HiGiationed fliall be confidered as lines betwixt the county o£
Worcejler and the county of Middle/ex.

Sect. 2. Provided akvaySy That the perlbns and lands
abovementioned Ihall be holden to pay all taxes which, before
the palling of this Act, have been legally affeifedon them by the
town of Frflmingham, in the fame manner as though this A61
had not been palled.

[This Acl paffed Mcnxh 7, 1786.]

Boundaries.

An ACT for annexing a certain triangular Piece or
Parcel, of Land to the Town of Sanford^ which
Nathaniel Conant purchafed of this Commonwealth.

tE it enaEied hy the Senate and Houfe of Reprtjentatives^ in Gen-
eral Court ajfemblt'd, and by the authority of the famey That
the aforefaid triangular piece or parcel of land, beginning at the
fouth-eaft corner of Shapkigh, from thence running north-eaft
feven hundred ahd fixty rods to the north corner of Sanford ,-
fi"om thence north-weft {even hundred and lixty rods to faid
Shnpleigh line ; from ' thence fouth by faid lirie one thoufand
and fixty rods to the place where it began, containing eighteen
hundred and thirty-nine acres, be, and it hereby is annexed to
the town of Sanfordy and forever hereafter fhall be confidered as
part of' faid town.

[This Ac^ paffed March 11, 1786.]

An ACT for incorporating certain Perfons by the
Name of the Scots Charitable Society,

WHEREAS a coniiderable number of perfons have for
many years affociated themfelves in the town of Bojlon^
for the purpofe of joining their charities, for the relief of cer-
tain widows, orphans, and other objects of charity, and have
raifcd a common ftock, but are unable to recover the monies
they hiave letten on intereft, and to tranfact the bufinefs necef-
fary for fupporting the faid inftitution :

Sect. i. Be it enaElcd by the Senate and Houfe of Reprcfcnta-
tiveSy in General Court affinnbledy and by the authority of the fame^
That fohn Scoilay, U-^ill/am Erving, and fames Swan, Efquires^
Meflieurs Thomas Alelvdl, James Thompfony "James Grahaniy
I^Hliam Doll, William Af^Kean, Andrew Drummond and fohn
Society incor- Toung, with fuch other perfons as they may from time to time
poratcd. hereafter admit, be and they hereby are incorporated and made

a body politic, by the name of the Scots Charitable Society,
and that they, their affociates and fucceffors, have perpetual
fucccflioh by faid name, and have power to make a common
feal, and alter the fame as they may fee fit, and to make by-lav/s
for the prefervation and advancement of fakl body (which fhall

not

SCOTS CHARITABLE SOCIETY. M^r. 16,1786. 119

not be repugnant to the laws of this Commonwealth,) ynth. xhclr powcn
penalties, either of disfranchiiment from faid Society, or of
iines not Qxce^ding Jhrtyjliii/i/igs.

Sect. 2. ^fid he it enaflad by the authority aforefaidy That lyr r ji
faid Scots Charitable Society may fue or be I'ued in their faid fued, &c,
corporate capacity, and are hereby licenfed and empowered to
make purchafes, and receive donations of real and perfonal
eftates, for the purpofes aforefaid, provided the laid elliates fhall
not be productive of an annual income exceeding the fum of
tivo hundred pounds per annum, and to manage and difpofe of
fuch eflates in tnanner as to them ihall appear moil tit.

Sect. 3 . And be it further enacted hy the authority aforefaid^ Impowercd t»
That rhe faid Society be, and they hereby are author ifed and ^^^^ ^' ^"'^'^
empowered to meet at fuch times and places as they fhall fee^e^ag J" ^^ J^i
fit, the time and place of holding the firfi: meeting to be deter- lee fit.
mined by the Ikid John Scollayy William Ervii/g and James
Swan, Efq'rs. or any two of them, and notified in one of the
Bo/lon news-papers, fourteen days before fuch meeting, and from
time to time to choofe fuch officers, as to them Ihall feem moft
fuitable. And all inftruments to be made for, or in behalf of
faid Society, fliall be executed under the common leal of faid
Society, and by fuch perfons as the faid Society fhall appoint.

Sect. 4. Provided ahvays, and it is further enaEled, That the Provifo*
members of faid Society, fliall at no time exceed the number
of one hundred. . .

Sect. 5. And be further enaBed, That the Society, afore- Impowered to
faid, be, and they hereby are authorized and empo^\ ered to y'^^-'^^, monies

, ^1 • i' -^^ ' • J . ^1 o • 1 r hci'etotore due

receive to then- uie, all monies due to the Society, heretofore ^^ ^1,^ fodcty.

called the ScQts Society in Bo/Ion^ before the paffing of this Adt,

and to give receipts for irionies they ihall receive, to any per-

fon or perfons who have heretofore given their obligations to

the faid Scots Society, which are now in the hands of abfentees,

which receipts may be given in evidence in any a6tion that

may liereafter be brought on any obligation of the defcription

aforefaid.

[This Aa paired March i6, 1780.]

An ACT to ratify certain Afleffments made by the

Proprietors of Shapleigh, fo called, in the Cotinty cf •

Tork,

WHEREAS the proprietors claiming lands under Nicholas
Shapleigh, deceafed, have repre Tented that in order to
raife a fum of money for defraying the necelTary expenfes of ^'■^^mblc.
fecuring the title, and bringing forward the fettlement of a tracl
of land in the county of 'rork, Incorporated in the year one
thoufand feven hundred and eighty-five, by the name of Shap^
leighy they levied a tax or aflelllnent on the feveral lots of land
tlu-oughout the townllup, notvv'ithftanding the greater part

thereof

120 SHAPLEIGH PROPRIETORS. March 16, iyS&.

thereof was by the faid proprietors, fevered and affigned to in-
dividuals, prior to the voting or making fuch aireffments j and
doubts ariling whether the various ftatutes made for the regu^
lation of proprietors of common and undivided land, will juftify
proprietors laving any tax or afleffment whatever, on fuch of
the lots as have been by the proprietors themfelves fevered
and affigned to individuals, pofterior to fuch feverance or
affignment, (although the benefits refulting by the money thus
allelled, be as great to the lots thus fevered and divided, as to
the lands remaining in common and undivided after fuch fever-
ance,) and have requcfted a confirmation of the laid alTell^
ments :

•Sect, i . Be if therefore enaBed by the Senate and Hotife of Repre-
fentat'ives, in General Court affembledy and by the authority of the
Afllirniems fame. That the aflelVments made on the feveral lots of land in the
the hicorpora- ^^^^^ ^^ Shapleighy in the county of Tork, prior to the incorpo-
:ion, ratified, ration thereof, by the perfons who have acted in proprietors
meetings, under the chara6ter, and by the name of the proprie-
tors claiming lands under Nicholas Shapleigh, late of Kitterv,
deceafed, be, and hereby are ellabliihed, ratified and confirmed,
and the feveral lots of land upon which fuch afleflments are
laid, Ihall ftand charged, and be liable to the payment tliereof,
in the fame way and manner they would have been in cafe no
feverance, allignment or partition had been made to an indi-
vidtral of any particular lot : and the proceedings that have been,
or hereafter may be regularly made for the collecting and en-
forcing the payment of the faid feveral aflefilrients, according
to the rules and regulations by law prefcribed for proprietors
of lands, held in cojnmon and undivided, fhall be held, deemed
and taken as valid to all intents, conftruftions and purpofes
whatever, as though no actual feverance, afllgnment or parti-
tion of the faid townfliip, or any part of it into lots, to hold in
feveralty, had been made.

Sect. 2. Provided alivays, That nothing in this A6t fliall
operate as a bar to any action or i'sit, that may be brought by
Provifo. ^i^y bargainee or vendee, agalnfi any bargainor or vendor, his

heirs, executors or adminifiirators, upon any deed of bargain,
and fale, on account of any affirmation or warranty, either ex-
prefs or implied, that the lands in fuch deed conveyed, were
free of Jill incumbrances •, but fuch bargainee or vendee fliall,
and may proi'ecute fuch fuit or action, in the fame way and
manner he might have done, had this a£l: never been macle.
[This aft palled March i5, 1786.]

PETER NOYES, Efq. &c. March 20, An. 178(5. 121

An ACT for fetting off Peter Noyes, Efq. and others.
Inhabitants of the Firfl Pari(h in Falmouth^ in the
County of Cumberlayid., and annexing them and their
Eflates to the Third Parifh in faid Falmouth.

WHEREAS JTfter Noyes, Efq. and others, living wtliin Preamble,
the firft pariih of Falmouth, in the county of Cuwber-
landy have reprefented to this Court that it is very inconven-
ient for them to attend the public woriliip of God in laid lirft
parifli, and praying that they may be annexed to the third
parifh in faid Falmouth :

Sect. I . Be it therefore enaBed by the Senate and Houfe of Rep-
re fentat'ives, in General Court affembledy and by the authority of the
fame. That Peter Neyes, Efq. and all the inliabitants of the firil Peter Noyes,
parifh and all the eflates belonging to faid lirft pariih, lying to the ^^^^^^"^ ^^'\^jj"'
northward of Back-Cove-Creek ^ fo called, in Falmouth aforefaid, ^j^ird purifti.
be, and they hereby are annexed to the third parifh in Fal-
mouth ; and fhall forever hereaftser be conlidered as belonging
to, and making a part and parcel of the lame.

Sect. 2. Provided tieverthelefs, and be it further etiaBed by Provifo.
the authority aforefaid. That any perfon hereby fet off from faid
iirll parifh, and who may choofe to belong to the fame, and
fhall fignify his defire to the Clerk of faid hrft parifh, of con-
tinuing a member thereof, within twelve months from the pafl^
ing of this a£t, fhall be conhdered as belonging to faid lirll
parlfli, any thing in this A«5l to the contrary notv/itiillanding.

Sect. 3. jind be it further enabled by the authority aforefaid, Perfons fct off
That all thofe hereby annexed to laid third parifli, and who were '^^'^ ^'^ P^i'
before liable by law to pay taxes to faid firll pariih, fliall, they j^,,;^ of arrear-
and their eftates, be held and obliged to pay their proportion of ages due from
ail arrearages due from laid firft pariih. ^^^^ ^^^ panfii

[This Adt pafTed March 20, 1786.]

An ACT incorporating a Society, by the Name of The
Maffcichufetts Congregational Charitable Society.

WHEREAS a number of Congregational Minifters, within Preamble,
this Commonwealth, have petitioned, and it appears to
the General Court expedient, that a number of perfons be in-
corporated into a fociety, for the humane and benevolent pur-
pofes of affording relief and fupport to the widows and children
of deceafed Minifters, and other perfons herein mentioned :

Sect. I. Be it there f re enacted by the Senate and Houfe f Rep--
refentatives, in General Court afembled, and by the authority of the
fame. That Thomas Bernard, Clerk, Stephen Choate, Efq. Caleb Da-
vis, Elq. Benjamin Goodhue, Efq. Nathaniel Gorham, Efq. John
Hancock,YXc\. fafon Haven, Clerk, Timothy Hillwrd, Cl^rk, Simeon
Howard, Doctor of Divinity, Jcfeph 'Juckfoji, Clerk, John Lath-
rot^, Doctor of Divinity, Phillips Pafin^ CI(?"k, William PkiU
*VoL. L Q ' %,

122 CHARITABLE SOCIETY. March 24, An. 1786.

lips^ Efq. Samuel PhillipSy jun. Efq. Daniel Shuh; Clerk, Ca/e^
Strongy Efq, James Sullivan., Efq. Peter Thachei\ Clerk, Oliver
Wendclly Efq- and Jof^ph IVillard, Doctor of Divinity, be, and
tiiey are herobv incorporated into a fociety, by the name, ftyle
Society incor- and title of The Ma^Khufetts Congregational Charitable Society \
P"^^ * ■ and that they, and fuch others as Ihall be duly elected into the

faid corporation, ihall be and remain a body politic and cor-i
porate, by the fame nam.e, ftyle and title, forever.

Sect. 2. jind be it further enacted /'v the authority aforefaidy

Empowered to That the faid fociety and corporation fliail be capable of re-

receive and iin- reiving, and fliall have po-'.ver to receive, from any perfon or-

and devifes of perfons difpofcd to aid the benevolent purpofes of this inftitu-t

lands, &c. tion, any grants or devifes of lands or tenements, in fee Umple,

or for a leffcr eftate, and all donations and bequefls of money^

or any other perfonal thing ; and to life and improve the fame

for the purpofes, and according to the direftions herein men-.

tioned and provided.

Sect. 3. And be it further enaBed by the authority aforefaidt
How improved That all grants, donations, devifes and bequefts, made to the
and applied. ^.^^^ fociety, of any real or perfonal eftate, {hall be by the faid
fociety ufed and improved to the beft advantage •, and the an-
nual income thereof, fhall be by them applied to the fupport of
fuch widows and children of deceafed congregational minifi:ers,
who have been, or fhall be fettled within this Commonwealth,
and of the widows and children of the Prelident and Profeflbrs
of the Univerfity in Cambridge, as in the opinion of the faid
corporation ihall be proper objedls of the laid charity.

Sect. 4. Provided fteverthelefs, Thvit the laid fociety, if at
Frovilb. any time they fhall judge it will beft anfwer the good purpofes

of their inftitution, may increafe their capital, by placing a part
of the faid income at intereft, or by purchafing real eftate there-
with ; and they fhall have power alfo to take a part of the
principal of their perfonal eftate, and beftow it on the widows
and children before-mientioned, if it is conllftent with the direc-
tions of the donor.

Sect. :;. And he it further enaBed by the authority afrefaidy
Empowsrerl to That the faid focietv and corporation {liall, at their annual meet-
? eo mem ers. j^^ j^^ May, have power to eleft by ballot, any other perfon or
perfons, as members of the faid fociety :

Sect. 6. Provided olivays, That the faid fociety fhall not at
^>rQvifo. any time confift of more than thirty members : Provided alfo^

That the fame proportion be obferved, in the faid cle£lions be-
tween, the clergy and laity, which is obferved in this A61.

Sect. 7. And be it further enuBedy That when it Ihall ap-

May change pear to the faid fociety, that the changing any i*eal ]:>roperty

pal property Jnto perfonal cftatc, will beft anfwer the intentions of this in-

Se. f "'"^""^^ ftitution, the faid corporation ftiall have full power, unlefs it is

exprefsly ordered otl\er\vife by the donor, to fell and convey

the

CHARITABLE SOCIETY. March 24* An. I786. 123

the fame ; provided that the monies for which the faid real Provifo.
eftate fliall be fold, fliall always be applied to the fu-ne ufe, to
Hvhich the income of the eftate fold wis before applicable.

Sect. 8. Ami be it furtherjmBedy That the faid fociety may To have on*
have one common feal, which they may change and renew at common feaL
pleafure ; and that all deeds, conveyances and grants, covenants
and agreements made by their Treafurer, or any other perfcn,
by their authority and direction, according to their inftitution,
fhall be good and valid ; and the fame corporation fnall at all
times have power to fue, and may be fued, and may defend,
and Ihall be held to anfwer by the name, ftyle and title afore-
faid.

Sect. 9. Be it further emfled, That the faid fociety fliall Meeting to be
hereafter meet at Bo/Ion, or fuch other place as they may think held annually,

... , "n r ■ ■ 1 1 r Tiyf- ior the choice

proper withm the State, lome time m the month ot May ^^ officers, &c.

annually, and as muchoftener as they may judge expedient j and

any feven members ofthe faid corporation, the Prefident, Vice-

Prelident, Treafurer, or Secretary, being one, fliail be a quo' ♦

rum ; and the faid fociety, at their meetings in Alay, annually,

Ihall have power to e\e€t and choofe a Prefident, Vice-Pre-

iident, Treafurer, Secretary, and all other fuch officers as to

them fhall appear necelTary : Avhich officers fo chofen fliall

continue in office one year : and all officers fo cholen fliall be

under oath to the faithful performance of the duties of their

offices refpedlively.

Sect. 10. And be it further enaBed, That the faid fociety Vefied with the
hereby are, and forever fliall be vefted with the power of mak- power of mak-
ing by-laws for the more orderly managing the buflnefs of the *"^ oy-l4ws.
corporation j provided fuch laws are not repugnant to the laws Provifo.
of the Commonv/ealth, or the principles of the conftitution of
the fame ; nor fliall any penalty by them provided exceed the
fum of twenty fallings.

Sect, i i . And it is neverthelefs provided. That the rents of Rents, &c. not
the real eftate, together with the intereft of the perfbnal eftate '° exceed
of the faid fociety, fliall never exceed the annual income of -^^^ ^^^ *^*
three thoufand pounds.

Sect. 12. And it is further enaSled, Thzt Sitfieon Hoivard, Br. Howard
Dodtor of Divinity, be and he hereby is authorized by public authorized to
notification, in tv.'d of the Bofcn newfpapers, to call the firft ^Jg^^^^'^ ^^*
meeting of the faid fociety at fuch time and place as he fliall
judge proper j at v/hich meeting, the faid corporation fliall have
all the power hereby vefted in them at their annual ftated
meetings in May ; but the officers by them chofen fliall not
continue in office longer than the next May meeting, unlefs they
fliall be elected anew.

[This Aa paJTed March 24, I7a6.]

124 NATURAUZATIGN. 'June 5, An. 1786.

An ACT for naturalizing Robert Morris and 'James
Alexander,

Preambls. 'W'T THERE AS Robert Morris and James Alexander, re/i-

^ Y dents in Bkrewjburyy in the county of Worcejler^ have

petitioned the General Court, that they may be naturalized, and

be thereby entitled to all the rights, liberties and privileges of

free citizens of this Commonwealth ;

Sect. i. Be it enacted by the Senate and Hoiife of Reprefenta-
tives, in Genera/ Court a^embledy and by the authority of the fame ,
Robert Morris That the faid Robert Morris and James Alexander, upon their
and James Al- taking the oaths of allegiance and abjuration, required by the
afized "^ "^' Conftitution of this Commonwealth, before two Juftices of the
Peace, ihall be deemed, adjudged and taken to be free citizens
of this Commonwealth, to all intents, conftru<Slions and pur-
pofes, as if they the faid Robert Morrtt^r\A James Alexander
had been inhabitants of the territory n^^^the Commonwealth
• aforefaid, at the time of making the prefent form of civil gov-

ernment.

Sect. 2. And it is further enaBcdy That the Juftices before
Certificare to whom the fame oaths fhall be taken, fhall return a certificate
be returned tlieijeof into the Secretary's office -, and the Secretary is hereby
direfted to record the fame in a book to be kept for that pur-
pole.

[This AcT: paffed %me 5, 1786.]
. \

An ACT to enable the Inhabitants of the firfl: Parifli
in the Town of Falmouth, in the County of Cumber^
land^ to fell the Miniflerial Lands there, towards
railing a Fund for the Support of the Miniftry, and
to tax the Pews in the Meeting-Houfe, in laid Parifh,
until fuch Fund be raifed.

Preamble. "^"^ST THE RE AS the inhabitants of the firft parifli in the town
Y Y of Falmouth, in the county of Cumberland, have repre-
fentcd to this Court, that many difficulties fubfift within the
f nne, in refpe^c to the railing of monies for the iupport of the
miniftry, by the ufual mode of laying taxes upon polls and ef-
'. tates, and as a remedy whereof have requefted, that an Acl:

might be pafTed to enable them to fell the minifterial lands there,
the proceeds whereof, together with fuch fums as have been, or
may be fubkribed by individual perlbns, to be applied to the
railing of a fund for that parpofe, and that they might be em-
pov>'ered to tax the pews in the meeting-houfe in laid parilli,
until fuch fund be raifed.

Sect. i. Be it therefore enaFied by the Senate and Houfe of
Reprefentatives in General Court ajfembled, and by the authority- of

the

MINISTERIAL LANDS. June 27, An. 1786. 1^5

thefamey That the faid parifh, by fuch Committee as they may Parlrti Com-
appolnt for that purpofe, be, and they hereby are empowered "M".^ 5°
to fell and difpofe of all fuch lands In faid parifli, as were orig- i^^^^
inally granted for the ufe of the miniftry, or now belong to faid
parifli, and to make and execute a good and lufficient deed or
deeds of the fame, according to law.

Sect. 2. Afid be it further enaEled^ That the monies arifing Intereft of th«
from fuch fale, as alfo all monies which already are, or may proceeds to
hereafter be given by any perfon or perfons for the purpofe, "^^°'^' imna-
fhall be applied to the eftablifhment of a fund, the intereft
whereof fhall be and hereby is appropriated to the fupport of
the prefent minlfters of faid parifh, and their fuccelTors, who
may hereafter be elected by faid parifli — fuch intereft to be re-
ceived and applied as aforefaid, by the Committee of the parifh
who may be annually chofen for that purpofe. Provided ncvcr^ Provlfo.
tbelefsy That no fuch fale fhall be confidered valid, unlefs the
minifter or minifters of faid parifh for the time being fhall
fignify. In writing, his or their confent to the fame.

Sect. 3. A?id he it further enacled by the authority aforefaid.
That the inhabitants of faid parifh be and they hereby are au- Tax in tee.
thorized and empowered, until fuch fund be eftablilhed, to raife niean time up-
by a tax upon the pews in faid meetlng-houfc, fuch fum or fums °" ^^^ P^'^^^*
as fhall be annually voted and agreed upon at their annual meet-
ing in March, for paying the falary or falaries of their miniiler
or minifters, and defraying the other neceffiiry charges of the
parifli, or fo much of the fame as the income arifing from the
fund may, in cafe of its not being fufficient for tlie purpofe, fall
fliort.

Sect. 4. And be it further ennEled, That the faid pews fhall
be taxed, and pay towards faid falary or falaries and charges,
according to their valuation, refpefl being had to their conven-
ience and fituation, which valuation fhall be let thereon by the
AfTefTors of faid parifli, from time to time, as may be found
necefTary ; and all fuch taxes or afTefTments fliall be made and Mode of levy,
levied according to fuch valuation proportionally ; and if the '"g «.
fame be not paid within fix months from the time the Collec-
tor fliall give notice thereof to the proprietor or owner of the
pew alTefTed (which notice he fliall give by cauflng an advertife-
ment of the fame to be inferted in the Falmouth Gazette,
fpecifying the number of the pew, and the fum at which it is
afTeffed, or in fUch other way as the parifh at a legal meeting
fhall determine) the faid Collector fliall proceed to fell the pew
of fuch delinquent proprietor or owner, at public vendue, notice
of fuch fale being previoufly given in the Falmouth Gazette,
three weeks fucceflively, or in fuch other way as the faid parifh
fhall determine, and after deducling the hul t^xes, and necef^
fary charges of fale, the overplus, if there be ^ny, ftiall be paid
t^ the delinquent proprietor or owner of the pew fo fold.
[This Aa oaffed June 27, 1786.]

126

SALMON, SHAD, &c.

Jtme 27, Ati. ij^6*

Altered as to An ACT to prevent the Deftruclion of Salmon, Shad^
R^ISs March ^nd Alcvv'ives, and other Fifh in Agawam, or Weji*
36,1788. field River.

q jyE it ena^ed by the Senate atid Houfe of Reprefen"

■^ tativesy in General Court ajfembledi and by the

Limits & time authority of the fame. That from and after the firft day of March

of catching fiih ^ext, no perfon or perfons be allowed to catch any falmon, fhad^

*^ "^ ' ■ or alewives with feines, nets, pots, or in any other way, in any

* Reduced to part of fai J river, within* two miles of the entrance thereof into

Ae M^-'l V ^°'^^^'^i'^^t River f nor In ConneBicut River ^ within half a mile

1706. 'fouth, or forty rods north of the inouth, or entrance of faid

Agawamj into ConneElicut River ; and no perfon or perfons fhall

catch any falmon, Ihad, or alewives, in any other part of the faid

Aganuam River, at any other time, than between funfet on

Monday evening, and funfet on Thurfday evening in each

v?eek ; and if any perfon or perfons fhall prefume to catch any

fifla in the faid rivers, contrary to the true intent of this A£l, he or

they fo offending, fhall for each offence, forfeit and pay a fine

oifour pounds ; and the feine, net or machine, ufed in catching

faid fifb, fhall be forfeited.

Sect. 2. And be it further enaBed by the authority aforefaidf
Penalty for e- That all Wears, fences, and other incumbrances now eredted, or
brfncS'"*^""^' ^^"^"^ ^^^ hereafter be ereded, in any part of the faid Agaivam
River, fo as to flop the free courfe or palTage of the faid fifh up
the faid river, fhall be deemed common nuifance, and as fuch.
fhall be pulled down and demoUfhed ; and any perfon or per-
fons, that fhall hereafter ere£t any fuch wears, fences, or other
incumbrance, or fhall continue fuch already eredled, on con*
viction thereof, fhall forfeit and pay the fum of three pounds.
Sect. 3. And be it further enaBed by the authority aforefaidy
Recovery of That all fines and forfeitures, incurred by any breach of this
penalties. j^Q^^ {h.z]\. and may be recovered by a£tion or information, be-
fore any Juflice of the Peace, within the county where fuch
oflfence Ihall be committed : one half of fuch fines fhall enure to
him or them, who fhall fue or profecute for the fame, and the
other half to the poor of the town, where the offence fhall be
committed.

[This Aft pafTed June 27, 1786.]

PELHAM INCORPORATED. June 28, An. 1786. 127

An ACT for incorporating the eafterly Part of Pdham,
and the fouthweft Part of New-Sakm, in the County
of Hampjhire, and the Inhabitants thereon, into a
feparate Parilh, by the Name of the Second Parifh in
Pelham.

WHEREAS a number of the inhabitants of the towns of Preamble.
Pelham znd New-Saktn, in the covixily oi Hampjhirey
have petitioned this Court to be incorporated into a parifli,
and the prayer of the faid petition appearing to be reafonable :

Sect, i . Be it therefore enaEled by the Senate and Houfe of
ReprefentaiiveSy in General Court ajjembledy and by the authority oj
the fame ^ That the lands hereafter defcribed, vi-z.. all the lands-Boundaries,
lying eafl of the weftern branch of Sivift River^ in Pelham^ and
all the lands in NewSalern^ fouth of the farms on which Amos
Thomasy Silas Hafkinsy and the widow Mary Sloajiy now live, and
of a line drawn eaft from the land of faid Mary Sloan, to a line
that fhall interfedl a line drawn due north from the northweft
corner of Greenivichy together with the inhabitants thereon, be,
and they are hereby incorporated into a feparate parifh, by the Incorporated
name of the fecond parifh in Pelhaniy and vefted with all the ^"d inverted
powers, privileges and immunities, which parifhes in this Com- ^ powers,
monwealth are entitled to.

Sect. 2. And be it further enaBedy That Jfaac Ponversy Efq. Ifaac Powers,
of Greenivichy be, and he hereby is directed to iffue his warrant -^^1 .^° ^^^ *
to fome principal inhabitant within the faid parifh, directing '^'■""S*
him to warn the inhabitants of the faid parifh, qualified to vote
in parifh affairs, to afTemble at fome convenient time and place,
in the faid parifh, to choofe fuch officers as are necefTary to man-
age the affairs of the faid parifh, according to the powers and
authority given by this A£t.

Sect. 3. Provided neverthelcfsy That the inhabitants of the To pay their
faid parifli fhall pay their proportionable part of all taxes of a proportion of
parochial rrature, which have been alTefied on them by tl^e ^^ "^^**
towns to which they refpe£lively belong, in the lame manner
as if this Act had not been palTed.

[This Aft pafTed June 28, 1786.]

An ACT for regulating the Salmon, Shad and Alewlve
Fifhery in Saco River, and the Branches thereof,
within this Commonwealth.

WHEREAS the conftant catching of falmon, fhad, and Preamble.
alewiyes in Saco River, is greatly prejudicial to tlie
growth and increafe of faid fifh, and to the great daniage of
the inhabitants on faid river ; Therefore,

Sect, i . Be it enacl^d by the Senate and Houfe of Riprefenia-
thes, in General Court affembkd^ and by the authority of the fame^

'That

128 SALMON, &c. FISHERY. June 28, An. 1785.

That no perfon or perfons be allowed, from and after the pafT-
ing of this A^H:, to catch any falmon, fhad or alewives in any
part of ^acQ River, or in any river or flream centering to or
running into the fame, within this Commonwealth, oftener or
Time fet for more than four days in a week, viz. from Monday morning
efttching filh. fynrife to Wednefday morning funrife, and from Thurfday
morning funrife to Saturday morning funrife, in each week ;
and if any perfon or perfons, fliall catch any falmon, fliad or
alewives in Saco River, or In any river or ftream centering to
or running into the fame, witliin this Commonwealth, or fliall
drag any feine, or drag-net, or fet any pot or net, or any other
machine, for the purpofe of catching any of the faid iilh, at
any other time than by this Ad is allowed in the faid rivers
and ftreams, each and every perfon fo offending, fliall for each
and every fuch offence, forfeit and pay the fum oi four pounds,
and the feine, net, pot or other machine fo ufed flaall be for-
feited.

Sfxt. 2. And be it further cnaBed by the authority aforefaid,
Wears and That all wears, fences and other incumbrances now ere<rted, or
ether jncum- jj^^^. ^,^j| y^^ hereafter ere<5led in any part of ^aco River, or other
trances deem- . ^ . ^ ^ . . tr-i-

ed common fibers and Itreams centermg to or runnmg mto the lame, withm

auiiaace. this Commonw'ealth, for ftopping or obftructing the courfe of the

faid fiih, Ihall be deemed common nuifance, and as fuch fliail
be pulled down and demolifhed, and any perfon or perfons that
fliall hereafter ere6t any fuch wears, fences or other incum-
brances, or that fhall continue any already erected, on due con-
viftion thereof, fliall forfeit and pay the liim of three potwds, for
each and eveiy fuch offence.

Sect. 3. And be it further cnaEled by the authority aforefaid.
Penalty for That if any perfon or perfons, from and after the pafling this
dragging any ^£^^ fliall drag any feine or net, or fet any net in the faid Saco
inore than lo ^^'"^'^ that is more than ten rods in length, he or they fo of-
rods in length, fending fhall forfeit and pay for each offence, a fine of four
pounds, and the feine or net fo dragged or fet fliall be forfeited.
Sect. 4. And be it further enacted. That from and after the
Towns, &c. pafung this AcSc, every town and plantation in diis Common-
bordering on wealth bordering on Saco River, and in which there are any
dco '"^^^' ° rivers or ftreams centcrine to or emptvine themfelves into Saco

choole pf.rions, o i J o no

annually, to fee River ^ where falmon, fliad or alewives would (if not obitruaed)
that this Aa go up to fpawn, fliall at their meeting In M^reh or April for the
^; /^'^^y obfer- (;|^oi^.g of town-officors, annually, choofe by ballot, at leail three
fuitable and lit perlbns, whcfe dutv It fliall be jointly or fever-
ally to fee that this Act, and the A^ts fur keeping open fluice
ways in dams, be duly obferved, and to inform againfl: any per-
fon or perfons that fliall offend againft this Aft, and to fee that
- - all obftruftions in the rivers and ll:reams aforefaid be removed,

''uchpeRfonsco ^-^"^^ ^^ profecule all breaches of tlic laid Afts ; and all perfons
>c iVbrn. fo cliofen fliali be fworn to the faithful difcharge of their duty

SALMON, kc. FISHERY. June 28, An. 1786. 129

in fuch office : and if any perfon fo ciiofen as aforelaid fliall
refufe or neglect to be fworn (after due notice given) he fliall
forfeit and pay the fum oi forty flnlUngs^ for the ufe of the poor Penalty for
of liich town, to be recovered by the Treafurer of fuch town or rcfulin^.
the Clerk of fuch plantation, where the ofl'ence fhall be commit-
ted, and fuch town or plantation fliall proceed to a new choice,
and fo totles quottes ; and any perfon or pcrfons v\'ho fhall refule
or prevent the perfon or perfons ^o chofen from nieafuring any
feine or net which lliall be ufed for the purpofe of taking hlh
in faid river, fliall forfeit and pay a fum not exceeding forty
Jljulitigs, nor lefs than twenty frAll'mgs, for each and every fuch
offence*

Sfxt. ^. And be it further enacledy That on complaint made Writs of fcire
in writing, to any Juftice of the Peace for the county where ^^'^'-^'^ "^^ '^"^
any offence againfl this A61 fhall be committed, agamft any ^-^ "^^^"^^ °
perfon or perlbns for any breach of this Ail, or upon view of
any Juftice, fuch Juftice is hereby emix)\veied to iiTue his writ
oi fcire fictasy commanding fuch offender or oiienders to appear
before him at fuch time and place as the Juftice fhall diredf, at
leafl feven days previous to the day of trial, to fliew caufe (if
any he or they have) why a warrant of diftrefs fhall not ifTue
againft him or them, to levy faid fine or forfeiture on his or
their goods or chattels, with ail legd cofls, in the fame manner
as wTits of execution are iiTued, and in like manner return- ^

able.

Sect. 6. And be it further enacted^ That all fines and for- How fines fliall
feitures incurred by any offence committed againfl this Aft, enure.
fhall enure the one moiety thereof to the poor of the town of
plantation where the offence fhall be committed, and the other
moiety to him or them who fhall make information of the fame.

Sect. 7. And be it further ena^fed. That all Grand Jurors Grand Jurors
are hereby enjoined diligently and faithfully to inquire after ^^ prefent of-
and duly to prefent all offences againft this Act. ic.ices.

[This Aa paffed June 28, 1786.]

An ACT to prevent Damage being done to the Har-
bour of Cape Cod, by Cattle, Sheep and Horfe Kind,
feeding on Province-Toivn Lands, and for the Prefer-
vation of the fame. •

Sect.

IDE it enaBed by the Senate and Hcuje of Repre-
fentatives, in General Court afembled^ and by the
authority of the fame. That from and after the paffing this Acl, it
fhall not be lawful for the inhabitants of Proviiice-Toivn, or
Truroy or any other perfon or perfons whatfoever, to turn out,
feed, or let run at large, any neat cattle, fheep, or horfe kind,
on the land, meadow, or beaches at Cape Cod, lying to the north-
ward and wcftward of the head of the meadow in the faid town
Vol. I. R of

130 CAPE COD HARBOUR. June 28, An. lyU.

of Truro, known by the name of Eajl-Harhoitr Meadoiu, from

the firft day of April, to the firll day of Oclober annually, upon

Penalty for the penalty, for each offence, oijlve {Jiillhigs a head, for all neat

tiinnng out cattle, and horie kind, and one (Jnlllnv a head for all fheep, S^o

cattle &c. at ' ./ o 1'

times' not" al- turned out, fed, or let run at large, on the lands, meadow, or
lowed by this bcaches aforefaid, to be recovered by any inhabitant of either of
^^- the iaid towns, before any Juftice of the Peace for the county

How recover- of Banijlahle, by action of debt ; and all fuch cattle, llieep, or
^'^ horle kind, found feeding, or running at large on faid lands,

Cattir, &c. fhall be liable to be impounded, in the tovm of Trnroy (or
found runnini; pyovince-Toiun, provided a pound be built therein) and imme-
to be impound- diate noticc thereof fhall be given to the owner or owners of
cd iiich creatures, if known, otherwiie public notke thereof flaall

Notice thereof ^^ given in writing, and pofting up the fame in fome public
to be given, place in each of the to^-^ns aforefaid, by the perfon impound-
ing the fame j fuch creatures to be relieved by the pound-
keeper, with fuitable meat and Avater, while impotinded : and if
the ownei", or owners thereof, appear to redeem his, her, or
their impounded creature, or creatures, he, fhe, or they, fliall
Impounder's pay the following fees, \'yi. three Jfnl lings to the impotmder, for
^^^^- each neat beaft, or horie kind, and fix pence for each fheep,

fo impounded, and to the pound-keeper, reafonable cofls, for
relieving fuch creatures, befides his fees ei^abliflied by law : and
\i, no owner if no OAvner appear within the fpace of four days, to redeem fuch
appears in four ^^^^tile, or horfe kind, ^o Impounded, and to pay the coft, occa-
lures 'may'^^be ^^o^^^^'^ ^y impounding them, then, and hi every fuch cafe, the
fold. perfon impounding fuch creature or creatures, fhall caufe the

lame to be fold at public vendue, to pay the cofi: and charges
arifing thereby ; public notice of the time of fuch fale, to be
given in the towns of jyiiro and Prcvince-Toivn aforefaid, forty*
eight hours at leall, previous to the faid fale ; and the overplus,
if any there be, ariling by fuch fale, to be returned to the own-
er or owners of fuch creature, or creatures, fo fold, at any time
within twelve months next after fuch fale, upon his, her, or
their demanding the lame : but if no owner appear within the
faid twelve months, then the faid overplus Ihall be, one half to
the party impounding i'uch creature, or creatures, aild the other
half to the ufe of the poor of the town, where fuch creatures
fliall be impounded.
Provifo refpcc- Sect. 2. PrcuiJc'd fwvcriheh'fs, That notliing in this Act
ting Province- fliall be conftrued to debar the inhabitants of Province^Town
from keeping and letting run at large, on land, meadow and
beaches in Provirice-Toiun aforefaid, thirteen cows, four oxen,
one bull, and three horfes, of which number the minifter of
Proviuce-Toivn for the tin:ie being, fliall be allowed to keep one
cow and one horfe for his own ufe, on condition the faid cattle
and horfes Ihall be marked on the left flioulder, with a hot iron,
with the letters P. T. and entered by the Town-Clerk of Prov-

incc-Toivn

Town inhabit-

CAPE COD HARBOUR. June 28, An. 1786. 131

vice'Town in the faid town's book, with their marks, natural and
artificial ; and the faid thirteen cows, four oxen, one bull, and
three horfes (excepting the cow and horle for the minifter's ufe,
as before provided in this Ac!) fliall be owned and improved by
the inhabitants of Provi/ice-Toiim, as ihall be agreed on by them,
at their March or Jpril meeting annually, or fome other town-
meeting, called for that purpofe.

Sect. 3. ^fid be it further etwHcd by the nuthorrty nforefaid,
That whofoever, after the publication of this Acl, ihall prefume Penalty fur
to cut down, or carry off any trees, poles, or brulh, from any cutting _dovv^^
part of the land belonging to this Commonwealth, in Province- any"[2"^^^4.
Town aforefaid, fhall forfeit and pay the fum oi fix Jhillings, for belonging to
every tree, or pole, and one pilling for every bufh, lb cut down, this Common-
er carried off, excepting twenty cords of Avood to the ufe of the wealth m Pro-
^ . , . . , /- ,^. , ^ . ^ ^ c 1 • 1 • 1-1 vmce-iown.

fettled mmiller of laid Province-Toiun, for the tmie bemg, which

fliall be cut, and carted, in the month of November annually -,
and fo much brufh may be alfo cut and taken from the fwamps
in faid Provifice-Town, as fhall be abfolutely neceffary for flakes,
in the curing of fifh in the faid town, and no more : the for-
feiture before m.entioned, to be recovered by information, or jj^^ recov-
complaint, before any JuiVice of the Peace, or by indiftment, at ered.
any Court of General SelEons of the Peace, within and for the
county aforefaid ; one half to the ufe of any perfon, who fliall

fue for and recover the lame, the other half to the ufe of the

- - i

poor of the town of Truro.

Sect. 4. J^nd be it further enacied by the authority nfoVefaidy
That it fliall be the duty of tlie Selecftmen of the towns of Truro
and Province-Town J to lee that all breaches of this A6t be duly
profecuted.

Sect. 5. And be it further enaBed by the authority nforefaid y
That all laws heretofore made, to prevent damage being done to Formet laws
the harbour at Cape Cod. be, and hereby are repealed. repealed.

[This Act palled June 28, 1786.]

An ACT for ereding that Part of the Town of Fal-
mouth^ in the County of Cumberland^ commonly called
the i^eck^ into a Town by the Name of Portland.

„ T}E it emtcled by the Senate and Hoife of Reprcfcn-

■^ tativeSy in General Court affembied.^ and by the au-
thority of the famey That that part of the town of Falmouth
aforelaid, and the inhabitants thereof and tl^eir eftates, included
within the following bounds^ viz. Beginning at the middle of the Boundarlesk
creek that runs into Round-MarfJj (fo called) thence north-eaft,
to Backcove-Creekj thence down the middle of that creek to
Back-Cove, thence acrofs faid Cove to Sandy-Point, thence round
by Cafco-Bay, to Fore-River, thence up Fore-River, to the lirft
bounds, together with all the iilands that now belong to the

firlT

132 PORTLAND. 'July 4, An. 1786.

Incorporate.^ & fi"ft parifJi in faid raJmotdh^ be, and they hereby are incorpo-
jnvefled with rated into a town by the name of Portland^ and are hereby in-
powcrs. vefled with all the powers, privileges, and immunities, that

towns within this Commonwealth do, or ought by law to have

and enjoy. ^

Sect. 2. j^nd be it further enalled by the authority aforefa'id^
Colle-Sors cf That the feveral ColletfLors of the faid town of Falmouth are
Falrriouth au- j^gr-^^^-^r authorized to colie'rt and pay the taxes, to them, already
tnorized. '. i r rv- - ^ •, ■, ■ ^ ■,

committed relpectiveiy, agreeably to their feveral warrants; any

thing in this Acl to the contrary notwithftanding.

Sect. 3. ^nd be it fm-ther enaEled by the authority afivefaidy
Treafnrer of That the Treafurer of the town of Falmouth fhall make a fair
Falmouth to f^^j-i-jgi^gnj- and adjuflment of his accounts as they ftood before
fctt'lemeiit. ^^^*^ palling this Ad, and if a balance lliall remain in his hands,
the inhabitants of the town of Portland fhall receive their juft
and due proportion thereof : and if upon luch fettlement the
town of Falmouth fhall be in arrears, the inhabitants of the town
of Poi-tland fhall pay their ju{l and due proportion thereof, as
hereafter in this Aft is fettled.
Town land and Sect. 4. And he it further enacted^ That the land belonging
^.nt'r) '*^ ^^ ^^' ^'^ ^^ town of Falmouth before the palling of this A61, and the
town ftock of powder, fliall be fet off and divided, four ninths
to the town of Portlandy and the other live ninths to the town
of Falmouth^ and the town of Portland Ihall pay four ninths of
the taxes which have been heretofore impofed by the General
Court, upon the town of Falmouth ; and the AflelTors of the
faid towns refpeftively are hereby empowered and direfted to
alFels all taxes, which were due from tiie faid to-\vn of Falmouth^
before the palling of this Act, to the county or Commonwealth,
agreeably to the proportion aforefaid ; and the tov^rns aforefaid
fliall be charged in tlie laine proportion, in all future taxes, until
the General Court Ihall otherwifc determine. xA.nd the pub-
lic landings liiall be in common to the inhabitants of both
town:;.

Sect. 5. And he it further enacted by the authority nforefaid^
Portland to \,e. That the faid town of Portland fhall be the fhire town of faid
•the fciie town, county, and that the Supreme Judicial Court, and Courts of
Common Plea^, and General Seflions of the Peace, by law ap-^
pointed to be holdcn at Falmouth^ fhall in future be holden in
the fc;id tovm ci Portland, on the fame da}S rcfpeftively, in which
they v^ere by law required to be holden at Falmouth aforefaid j
any law to the contrary notv/ithilaading.

Sect. 6. And he it further enaElcd by the authority aforefaid,

^'.or.howfup- Th?t the poor now maintained by the town of Falmouth, fliall

P^r.c. |.^ jnppoited by the two towns, in the proportion aforefaid.

And if any perfon or perfons heretofore belonging to the town

of Falmouth aforefa^, and v/ho have removed from thence, Ihall

bp returned ihither againj, and become a public charge, the fame

fhall

NATURALIZATION. July 7, An. 1786. 133

/hall be paid by the two towns aforefaid, in proportion to the
tax laid on them feverally from time to time.

Sect. 7. And he it further enacied by the authority afore/aid,
That' nothing in this A€t fhall in any wife affect or alter any of Bounds of par-
the'bounds of the feveral parifhes within the town of Falmouth^ 'fl^es to remain
but the fame fhall be and remain as heretofore by law eftablifhed j ^* "^^° °'^^'
any thing in this A£l to the contrary notwithftanding.

Sect. 8. And be it further enacted.. That the inhabitants of Town of Port-
thc town of Portland fliall from time to time amend and repair ^^".^ '« fupport
Pride's bridge, on Prefurrfcutt- River, and the great bridge on ^" ^ * " 2*='
Fore-Rivery {{o called) although the fame be not included withip
the limits of Pfjrz'/flw/J^aforefaid.

Sect. 9. And he it further enaEled, That a certain trac^ of Tradl of land
land without the limits of thf! town of Portland^ and containing ^^'ithout the
about one hundred r.nd eighty acres, belonging to Samuel Dean^ to^Portland!^
Jofjua Freeman, and Elizabeth Wife-, and which delcended to
them from Mofes Pcarfon, late of Falmouth aforcfaid, Efq. de-
ceafed, be, and the fam.e is hereby annexed to the town of Port~
land, and fliall be confldered as part thereof ; and the lands
granted to the firft parifli in faid Falmouth, for the fuppoft ©f
the miniflry there, are hereby annexed to faid town of Portlandy
and fliall be confidered as part thereof, and fhali enjoy the im-
munities that the other minifterial lands in faid Falmouth have
and enjoy, the fame being without the limits of the townof Pcr/-
land notwithftanding, fo long as they continue minifterial lands,
and no longer.

Sect. 10. And be it further efiacled, That Enoch Freeman, V.noc\\ Free-
Efq. be, iind he hereby is directed to iftlie his warrant to fomc "''^"' ^^1-. *"
principal inhabitant of Portlatid, requiring him to notify and ^^ ^ ^^ '"^'
warn the inhabitants of faid town of Portland, qualified by law
to vote in town affairs, to meet at fuch time and place as therein
Ihall be fet forth, to choofe fuch officers as any of the towns
vv'ithin this Commonwealth by law have a riglit to ele<fl: ; and
the officers fo chofen fliall take the refpe£live oaths by law re-
quired to be by them taken.

Sect, i i . Provided neverthelefs. That nothing in this A61: Provifo.
fliall be conftrued to affe^l any grants of land made to the firft
parifh in Falmouth aforefaid, but fuch lands fliall.be the eftate
of the fociety which before the pafting of this Act was called
the firft parifh in Falmouth ; any thing in this A£l to the con-
trary notwithftanding.

[This Act pafTed July 4, 1786.]

An ACT for naturalizing 'Jonathan Curfon and William

Oliver.

WHEREAS Jonathan Curfon, late of Exeter, in Great- preamble.
Britain, now reftding in Northampton^ in the county of
liampfhire^ in faid Commonwealth, and William Oliver late of

Bridport,

134 SPRINGFIELD 2d PARISH. 'July 7, An. 1 785.

Bridport) in Great-Bi'itairiy now reliding in Bridgetowti, in the
county of Cumherlnnd^ have petitioned the General Court that
they may be naturalized :

Sect. i. Be it therefon enaEled by the Senate and Hottfe of Rep"
refetitativesy in General Court ajjembledy and by the authority of the
famey That the faid Jonathan Curfon and the faid William Oliver ,
upon their taking the oath of allegiance to this Commonwealth)
before two Juftices of the Peace, fliall be deemed, adjudged and
taken to be free citizens of this Commonwealth, and entitled to
all the liberties, privileges and immunities of natural born
citizens.

Sect. 2. And be it further enuEledy That the Juftices before
whom the faid Jonathan Curfon and William Oliver may refpec-
tively take the oath aforeiaid, fhall return a certificate thereof
into the Secretary's office, to be entered on the records of this
Commonwealth.

[This Aa pafled July 7, 178^.]

An ACT to divide the fecond Parifh of the Town of
Springfield into two Parifhes.

Preatnbie. XXTHEREAS for the greater convenience of attending the

^\ public worlhip of God, it is found neceffary, that that

part of the fecond parifli of the town of Spring fields which lieth

on the weft fide of Connetiicut River, fliould be made a feparate

and diftindl parifli :

Sect, i . Be it therefore enaBedby the Senate andHotife cfRcp"
refentativesy in General Court affhnbkdy and by the authority of the
famey That the aforefaid part of faid parifii be and hereby is
formed into a feparate and diftin£l parifh, and fliall be called
and known by the name of the third Parifli in W efl -Spring field y
Boundaries. and fliall be bounded as follows, viz. Eafterly by Conneclicut
River, northwardly by Northamptony wcfterly by Southamptony
and foutherly by the firft parifli of Wefl-Spring field.
TnhaTiitants in- SecT. 2. And be it further enacledy That all the inhabitants
veficd with vi-ithin the limits and boundaries aforefaid, fliall be confidered
powers. ^^ belonging to faid parifli ; and they ai-e hereby inverted with

ail powers, rights, privileges and immunities, which other
parilhes in this Commonwealth are inverted v:ith.
Juft;nEIy,Efq. SecT. 3. And be it further enacledy That Jufiin Ely, Efq.
to call a meet- ^e^ and hereby is empowered, to ilTue his warrant to fome prin-
t's- tipal inhabitant of faid parifli, requiring him to notify and warn
the inhabitants thereof, to meet at luch time and place, as by
faid warrant Ihall be duly fpecified, and then and there choofe
fuch officers as may be necefTary to manage the affairs of faid
parifli y and the inhabitants qualified by law to vote, being fo
alTcmbled, fliall be and hereby are empowered to choofe fuch
officers accordingly.

[This Acl paffed July 7, 1786.]

TURNER. July 7, An. 1786. 135

An ACT to incorporate the Plantation called Syhejier,
into a Town by the name of Turner,

WHEREAS it appears to this Court, that it would be Preamble,
produclive of public good, and for the benefit of the
inhabitants and proprietors of the faid plantation, that the fame
fhould be incorporated into a Town :

Sect. i. Be it enacted by the Senate and Houfe of Reprefenta-
tives, in General Court ajfembled^ and by the authority of the fame y
That the plantation called Syhejler, and included within the
boundaries defcribed in this A6t, together with the inhabitants
thereof, be, and they are hereby incorporated into a town
by the name of Turner : beginning at a place in Androfcoggin Boundaries,
River, called Crooked Repels, at a large tree marked S, about fix
miles (as the river runs) above Androfcoggin Great-Falls, which
was denominated in the confirmation of the grant of the faid
townfhip, to the proprietors, dated June the twentieth, one
thoufand feven hundred and fixty-eight, " the eafterly corner
of Bakerfloivn fo called," from thence running north fixty de-
grees weft in the northeafterly line of the faid Bakerfiown, five
miles and a half, to the northerly corner thereof ; thence run-
ning north twenty-fix degrees eaft by that which at the above-
faid date was province land, ten miles and one hundred and
eighty rods, to a ftake with ftones about it ; thence running by
then province land, fouth, fixty degrees eaft, three miles, and
two hundred and fifty rods, to a heap of ftones by the faid
river ; thence running foutherly by the faid river to the bounds
firft mentioned ; and the faid town is hereby vefted with all the Veiled with
powers, privileges and immunities, which towns within this P°weri.
Commonwealth, are entitled to, or by law do enjoy.

Sect. 2. And be it further enacted by the authority aforefaidy
That Ifaac Parfons, Efq. of Ne^v-Gloucefler, be, and he hereby Ifaac Parrons,
is empowered to ilTue his warrant to fome principal inhabitant ^^1- }-^ '^^^^ »
of the faid town, requiring him to warn the inhabitants thereof "^^^^'"S-
to meet at fuch time and place as he fhall therein fet forth, to
choofe all fuch officers as towns are by law required and em-
powered to choofe in the month of March or April, annually.
[This Aa pafi'ed July 7, 1786.}

An ACT granting leave to Samuel Barnard^ jun. Jona-
than Hoit and John Williams, to eredl a Bridge over
Deerjield River, between Decrjield and Greenfield, in
the County of Hampfhire,

WHEREAS application hath been made to this Court, Preamble
for permiflion to build a bridge over Dcerfield river,
between Deerfeld and Grecjfeld, at a place called Rocky-Moun-
tain ; and it appearing that a bridge in faid place would be of
great public utility ;

Sect.

1^6 DEERFIELD BRIDGE. >/k 7, An. 1786.

Sect. I . Be it therefore enabled by the Senate and Hoitfe of

ReprefentativeSj in General Court ajpinbled^ and by the authority of

Toll eftablillied the fame, That for the purpofes of reimburfing to Samuel Bar-

nardy jun. Jonathan Holt, and John William !, their heirs, alTo-

ciates and afiigns, the monies expended or to be expended, in

building and fupporting the faid bridge, a toll be, and hereby is

granted and eilablifhed for the fole benefit of the faid Samuel

Barnard, jun. 'Jonathan Hoit and John Williams, their heirs,

aflbciates and afligns, according to the rates following, viz.

Rates of tell. For e:\ch foot paffenger, or") ^ ^t- j r ^

c ST > one penny, one third of a pcnnv.

one perlon palling, \^ r jj j r y

One perfon and horfe, iivo pence, tnvo thirds of a penny.

Single horfe cart, lied or i!iQi'^, four pence, two thirds of a penny.

Sleigh, drawn by two or more horfes, fix pence.

Single horfe-chaife, chair or {ulkej, fix pence.

Coaches, chariots, ohaetons 7 z?-//- ? r

i ■ , -^ > one hilling and four pence.

and curricles, ^^ j c^ j r

All othev wheel carriages, drawn

one

fjjilling.

by more than one beaft,
Neat cattle and horfes paffing the faid bridge, ~)

exclulive of thofe ridden or in carriages or > one penny,
teams, each, \

Swine and fl:ieep, for each dozen, and at the 7 ^

fame rate for a greater or lefs number, y ^
And in all cafes, the fame toll fhall be paid for all carriages
and vehicles, paffing the faid bridge, whether the fame be loaded
or not loaded ; and to each team one man, and no more, fhall
be allowed as a driver, to pafs free from payment of toll, and
the toll-gatherer fhall not be obliged at any time to open the
gate or gates for any pafTenger or palTengers, until he is paid the
Gates to be left rate or toll of fuch paflenger or palTengers : And ^t all times,
open^ on the when the toll-gatherer fliall not attend his duty, and from fun-
Lord'sdaysAc rifmg to fun-fetting, on the Lord's day,, the gate or gates Ibali
Toll, when to be left Open, and the faid toll fiiail commence on the firft day
commence, and of the firft opening of the faid bridge for palTengers, and Ihall
continue. ^ ^ continue for, and during the term of fifty years from the faid
day J and for the fpace of fe'^enty years, next after the expira-
tion of the faid fifty years, fuch toll Ihall be paid for the benefit
of the perfons, and for the purpofe before mentioned, as Ihall
from time to time be approved of, and determined on, by the
Coiirt of General Seffions of the Peace, for the county wherein
fuch bridge fhall be.
Provifo. Sf.ct. 2. Provided neverthehfs. That if at any time during

the continuance of the faid term of fifty years, the county road,
now leading from the fiid town of Dcerfeld to Greenfield, acrofs
the fild river, lliall be difcontinued, or fhall not be kept and
maintained in repair, no greater toll finll thereafter be paid for
paffing the faid bridge, than ihall from time to time be ordered

and

FENOBSCOT INDIANS. Odoher ii. An. 1786. 137

and allowed by the Court of General Seffions of the Peace fof
the faid county ; any thing in this A£t to the contrary not-
vvithftanding.

Sect. 3. A fid be it further enaBed by the authority aforefaid,
That the faid bridge fhall be well built, at leaft lixteen feet Bridge how
wide, of found and fuitable materials, with a well conftrudled, conftrudcd,
fubftantial pier in the middle, to be built with ftone, to be
fixty-five feet, at leaft, in length, and thirty feet in width, and
forty feet in height, and well planked on the top, with fluff
proper for fuch a bridge, and the abutments on each fhore,
built of a fuitable height, and Avith ftone : and the proprietors Proprietors td>
fhall keep the faid bridge in good, fafe, and paflable repair, l^e<^P »' i" g°°^
for the term of one hundred and twenty years, and at the end ''^P^*'^'
of faid term of one hundred and twenty years the faid bridge
fliall be left in like repair, and fliall revert to, and be the prop-
erty of the Commonwealth ; and if the proprietors flaall un- In cafe of refu-
reafonably refufe, or negleft to keep faid bridge in fuch fafe, ^^^ °^ ^"}^^'
and paffable repair, as aforefaid, on fuch refufai or neglecl be- j-gcerved
ing made to appear to the fatisfaclion of the Juftices of the
Court of General Seflions of the Peace, in the county where
faid bridge (liall be, it fhall be in the power of the Juftices
aforefaid to prohibit and forbid the proprietors aforefaid
from receiving any toll from any perfon or perfdns, for the ufe
of faid bridge, until it is again put into fuch palTable repair, as
by the fame Juftices iliall be deemed fufEcient : and if the pro-
prietors of faid bridge, or any of them, or any other perfoa,
fliall, during the time of fuch prohibition as aforefaid, be con-
vifted before any Juftice of the Peace, for the fame county, of
receiving of any perfon or perfons any toll or reward for the
ufe of the faid bridge, the perfon or perfons, fo convicled, fliall
forfeit and pay for each offence, the fum of fix fnllingSy one
moiety thereof to accrue to the perfon or perfons complaining,
the other moiety to the ufe of the poor of the town of Deerfeld.

Sect. 4. And be it further enacted^ That if the faid propri- F^^f years aU
etors fhall refufe or neglect: for the fpace of four years, after ^''^^^^ ^° ^° he
the palling of this Aft, to build and complete the faid bridge, bridge.
then this A£l to be void and of no effect.

[This Aa paffed July 7, 1786.]

An ACT confirming a Treaty made with the Fenoh-
fcot Tribe of Indians.

WHEREAS by a refolve of the General Court of the Preami)!*.
lixth day of July, in the prefent year, Benjamin Lin-
coln, Thomas Rice, and Rufus Putnam, Efquires, were appointed
Commiflioners to treat Avith the Penobfcot tribe of Indians, re-
fpefting their claims to lands on Penobfcot River : And whereas
the faid Commiflioners did, on the thirtieth day of Augiff, in
Vol. I. S tl»«

133 PENOBSCOT INDIANS. Oaobcr ii, An. 1786.

the prefent year, make report of an agreement entered into,
between them, the faid Commiffioners, and the iaid Penohjcot
tribe of Indians : which report is in the words following, viz.
Treaty. It was agreed by the faid Indians on their part, tliat they

would relinqnifli all their claims and intereft to all the lands
on the weft fide of Penobfcoi River, from the head of the tide
up to the river Pafquatacjuifsy being about forty-three miles ;
and all their claims and intereft on the eaft fide of the river,
from the head of the tide aforefaid, up to the river Manta-
ivoDikecktook, being about eighty-five miles j rcferving only to
themfelves the illand on which the old town ftands, about ten
miles above the head of the tide, and thofe iflands on which
they now have a£lual improvements, in the faid river, lying
from Sunhkaze Rvver, about three miles above the faid old
town, to Pajfadunhee IJland inclufively, on which ifland their
new town, fo called, now ftands. In confideration hereof,
WE, in the name and in behalf of the Commonwealth, en-
gage that the Indians fhould hold and enjoy in fee, the iflands
referved as aforefaid, and the fee of two iflands in the bay
called and known by the name of White IJland and Black
IJland, near Najlcceg Point : And WE further agreed, that the
lands on the weft lide of the river Penoljcot, to the head of all
the waters thereof, above the faid river Pajquataquijs, and the
lands on the eaft fide of the river to the head of all the waters
thereof above the faid river Mantawomkeehook, fhould lie as
hunting ground for the Indians, and fhould not be laid out or
fettled by the State, or engrofled by individuals thereof: And
WE further agreed as aforefaid, to make the Indians a prefent
of three hundred and fifty blankets, two hundred pounds of
powder, with a proportion of fl:iot and flints : Therefore,

Be it enaBcd by the Senate and Houfe oj Rcprejentatives, in Gen-
eral Court ajjanhled, and by the authority of the Jame, That the
Agreement agreement exprcffcd in the report herein before recited, be,
confarmed. ^^^j j^. jg hereby ratified and confirmed on the part of this
Commonwealth •, and the Governor, with the advice of Coun-
cil, is hereby authorized and empowered to appoint and com-
miflTion fome fuitable perfon to repair to the faid Penobjcot tribe
of Indians, to carry into execution the faid agreement ; to de-
liver the blankets, powder, fliot and flints mentioned therein j
and to receive from the faid tribe of Indians a deed of relin-
quiihment in due form, of the lands mentioned in, and con-
formable to the faid agreement ; and when the faid deed of
relinquilliment fhall be executed as aforefaid, this A6t fliall be
confidered as a complete and full confirmation of the agree-
ment herein before recited, agreeably to the true intent and
meaning thereof. And a copy of this A61, under the figna-
ture of the Governor, with the feal of the Commonwealth
affixed, fhall be delivered to the Indians by fuch perfon as the
Governor Ihall commlfllon to execute this bufinefs.

tThis Aa paffcd O^ohcr 1 1, 1 786.] ^^

UNION INCORPORATED. Odober 20, An. 1 786. 139

An ACT to incorporate the Plantation called Ster-
Hngton, in the County of Lincoln, into a Town by
the Name of Union,

WHEREAS It appears to this Court, that it would be Preamble-
productive of public good, and for the benefit of the
inhabitants and proprietors thereof, that the plantation called
Sterlingtoiiy in the county of Lincoln^ fliould be incorporated,
into a town :

Sect. i. Be it eimEled by the Setiate and Houfe of Reprefenta'
tiveSf in General Court ajfemhled^ and by the authority of the famey
That the plantation called SterUns;tony and included within the
boundaries defcribed in this Aft, together with the inhabitants
thereof, be, and they are hereby incorporated into a town by
the name of Umou, beginning at the loutheaflerly corner Boundaries,
thereof, being a ftake and ftones ; thence bounding eafterly
on land belonging to JFa/do's heirs, by a line running north-
weft by north eleven miles and eighty rods ; thence bounded
northerly by land fuppofed to belong to the Commonwealth,
by a line running fouthweft by weft, five miles and twenty-
four rods ; thence wefterly by lands fuppofed to belong to faid
Waldo's heirs, by a line running fouth three miles and two
hundred rods ; thence on the fame land, eaft, three miles and
an half ; thence fouth two miles and an half and twenty rods ;
thence bounded weft on the town of Jf'arren, by a line run-
ning eaft fix miles and two hundi-ed and fifteen rods, to the
bounds firft mentioned ; and the faid town is hereby vefted hefted with
with all the powers, privileges and immunities which towns P * "• .
within this Commonwealth are entitled to, or by law do
enjoy.

Sect. 2. ^nd be it farther enabled by the authority aforefaidy

That Waterman ThomaSy Efq. be, and he hereby is em.powered Waterman

to ilTue his warrant to fome principal inhabitant of the faid f^iomas,Ef>i.fo
..,. *,.\,. , r tall a meeting,

town, requirmg mm to warn the inhabitants thereor to meet

at fuch time and place as he fhall therein fet forth, to choofe

all fuch officers as towns are required and empov/ered by law

to choofe in the month of March or Aprily annually.

[This Aa palled Oclober 20, 1786.]

An ACT for incorporating a Part of Temphion, and a
Part of Atholy in the County of Worcejier, into a
Town by the Name of Gerry,

c . JDE it enaBd by the Senate and Hcufe cf Reprefen-

■^ tailvesy in General Court offembledy and by the

authority ef the famey That the lands herein after defcribed, -u/z.

Beginning at Hubbardflcn line, where burnt-fhirt ftream runs Boundskrics.

out of faid Temtletorii thence ftemming faid ftream to a maple

tree.

14® GERRY INCORPORATED. Oaober 20, An. 1786.

tree, being the foutherly corner of the fecond divifion lot num-.
ber forty-feven, thence running north thirty degrees veft to
Ni'-zu-Brook, fo called, thence running down faid Brook to RoyaU
Jlon line, thence wefl: to Athol line, being the northweft corner
of Templdof!., thence on faid Athol line to Alille/s-River, thence
down faid river to a brook, called thoufand-acre ul'Ieadoiu Brooky
thence fouth-wefterly by the wefterly corner of the hundred acre
lot number twenty-two, thence ftraight to the moft wefterly
corner of faid Templeton^ thence by faid Tenipleton line to the
place where it began, with the inhabitants thereon dwelling, be,
and they hereby are incorporated into a town by the name of
Invefted with Gerry : And faid town is hereby inverted with all the powers,
powers, privileges and immunities, to which any town Avithin this Com-

monwealth is entitled, agreeably to the conftitution and laws of
this Commonwealth.

Sect. 2. And he it further enacted^ That the inhabitants of

To pay their the fiild town of Gerry fhall pay their proportion of all taxes

proportion of already granted to be raifed in the feveral towns from which they

were fet off, and flaall fupport all the poor who before the paffing

this A61, belonged to the towns of Templetoii and Aiholy and now

fall within the town of Gerry, and no more.

Sect. 3. A^id be if further efiaBed by the authority aforefaid.
Public proper- That all the public property which heretofore belonged to the
ty ihall belong feveral towns from which the faid town of Gerry is taken, lliall
and Athol.^ ^^^^ belong to faid towns of Tenipleton and Athol refpedtively.

Sect. 4. And it is further enaEled, That Ifaac Mirrick, with
Ifaac Mirrick his eftate, fliall ftill belong to the town of Templctouy unlefs he
andeftate.lliall fj^j^j^ jjj fome time within one year from the paffing this A61,
cleton— ^unfefo^ ^^^^^^^ ^ certificate into tlie Secretary's office, fignifying his
defire to belong to the town of Gerry, in which cafe he with
his eftate fhall be confidered as belonging to the town of Gerry
accordingly.
iEben. Knight, Sect. 5. And be it further enacJed, T\v3.t Ebenezer Knight, It
and others, ^ faac Ball,)\xn. Ifrael Sprague, Benjamin Pre/Ion, Robert Toung, }un.
ol —provided ' "^^^ Zaccheuf Rich, with their polls and eftates, ihall belong to
the town of Athol, provided they, or any of them, fhall, within
nine months from the paffing this A£r, return their names re-
fpcftively into the Secretary's office, and iignify their delire of
belonging to the fame : And" that £lias Sanvyer, with his polls
and eftate, ffiall belong to the tov/n of Templcton, provided he
ffiall within nine months from the paffing this Act, return his
name into the Secretary's office, and fignify his defire of be-
longing to the fame.

Sect. 6. Aiul it is further enaBed by the authority afore fcidy

piram Newell, That Hiram Neivell, Ei'q. be, and he hereby is empowered to

Efq. lo cdU a ifixie his warrant, direclecl to feme principal inhabitant, requiring

meetmg. ]\\m to warn and give notice to the inhabitants of the faid town of

Gerry, Xo ailemblc' and meet at fome fuitablc time and place in

the

SECOND CHURCH, BOSTON. Oa. 23, An. 1786. 141

the faid town, to choofe all fuch officers as towns are required
to choofe at their annual town-meeting in the month of March
or jipril annually.

[This Aa paffed OBohr 20, 1786.]

An ACT for the confirming of the Second Church in

Bo/ion, fo called, in their Title to certain Lands.
"W'^r XHEREAS In confequence of the deftru6tion of the build- Preamble.

\\ jng knov/n by the name of the Old-North Meeting-
Jiouie in Bojlon, the fociety who formerly affembled there, and
the fociety who affembled at the New Brick Church, fo called,
in faid Bojion, have mutually united under the name of the
Second Church in Bojlon^ and have agreed that the lands, tene-
ments and hereditaments, formerly belonging to each of faid
churches refpedlively, Ihall henceforth be the common intereft
and eftate of faid newly united churches, called the Second
Church in Bojlon : And whereas doubts have arifen, whether
fuch agreement is fufficient to enable faid Second Church to
make fale of fuch eftate as formerly belonged either to faid New
Brick Church, or to the church formerly affembled at faid Old-
North Meeting-Houfe : And whereas the land on which the
building aforefaid formerly ftood, and thereunto belonging, had
been in poffeffiion of faid Old-North Church, before the union
aforefaid, for more than one hundred years, but the deed there-
of cannot be found :

Sect, i . Be it therefore enaBed by the Senate and Houfe of Rep^
refentativeSy in General Court affembled^ and by the authority of the
fame^ That the agreement aforefaid, made between the churches Agreement
aforefaid, under the name of the Second Church in Bo/Ion^ be, confirmed,
and hereby is confirmed ; and faid Second Church in Bo/ion is
hereby confirmed in their title in the land aforefaid, and in all
the efiate, tenements and hereditaments which at the time of
making fuch agreement belonged to the churches aforefaid.

Sect. 2. ^nd be it further enaEfed by the authority afore faid ^
That John Tudor ^ Satnuel Ridgnvayy and William Belly Deacons Deaoons of faid
of faid Second Church in Bojlon^ and their fucceffors, forever, church, and
in that office, by themfelves, or together with fuch Committee empowereJto
or other perfons as the fociety of faid Second Church in Bojlon make fale of
fhall appoint, be, and hereby are empowered and authorized to lands,
make fale of all or any part of the aforefaid lands, tenements
and hereditaments, to fuch perfons as fhall purchafe the fame,
in fee-fimple, forever : And to make and execute good and fuf-
ficient deeds in law of the fame, or to leafe or otherwife difpofe
of the fame in the name and behalf of the faid Second Church
in Bcjlon.

[This Ac^ paffed Oaoher 23, 1786.J

14^ INDEMNITY. November %$, An. 178$.,

Additional ^11 ACT granting Indemnity to fundry Offenders, on
9, 1787! '^^^'^ certain Conditions, and providing for the Trial of
fuchj who fhall negle£i: or refufe to comply with faid
Conditions, and of thofe who fhall be guilty of like
Offences in future.
Preamble. *7ff"W THERE AS many deluded perfons, from a pretence of
Y V redreffing public grievances, have forcibly interrupted
the regular adminiftration of law and jullice in feveral counties
in this Commonwealth, and have committed outrages which
tend to the utter fubverfion of tlie conftitutional authority
thereof : And whereas the legiflatare are willing to extend
tlieir clemency to all fuch deluded perfons, provided they re-
turn to a due fenfc of their allegiance to the government, as
well as determined to punifli thole who fliall perfevere in their
deftruclive oppolition :

Sfxt. I . Be ii therefore ennH^rJ by the Senate and Houfe of Rep-

rejentativesy in General Court affemhled^ and by the authority of the

Perfons con- fa we. That all peribns, of what defcription foever, who, fince the

rf ecus'" pro" ^^^^^ '^^^ ^^ J'''^^ ^^^' ^^^"? citizens of this Commonwealth, may
ceedings, re- have been concerned in obftrusSling the fitting of the Courts of
quired to take law in any county in this Comm.onwealth, or in any outrageous
the oath of al- proceedings, which may have been done or committed by tu-
multuous bodies of men, aflembled for the purpofe of oppofing
' the authority of government and due execution of the laws, be,
and they are hereby required, before fome lawful magiftrate, to
take and fublcribe the oath of allegiance, prefcribed in the con-
ftitution of faid Commonwealth, on or before the lirft day of
January next.

Sect. 2. And be it further enaBed by the authority aforefaidy
Certificates That the feveral magiftrates before whom the offenders afore-
thercof to be {^^j^j ^^ ^^^ ^^^^ iiibfcribe the faid oath of allegiance, (hall
the Secretary's ''^turn certificates thereof unto the Secretary's office, as foon as
office. may be after the taking and fubfcribing of the fame.

Sect. 3. And be it further enaBed., That all perfons, who
Thofewhotake may have been concerned in obftrudting the fitting of the
!f^ -fi 'h f '"' ^°^^^^ of law, or in any outrageous proceedings as aforefaid, who
profecution. A^all, before the faid firfh day of January, take and fubfcribe the
oath of allegiance in manner as aforefaid, be, and they are here-
by indemnified, from all criminal profecutions to which they may
be liable on account of their illegal proceedings as aforefaid.
Provifo. Provided neverthelefs, That the indemnity granted by this Aft,

fliail not be extended to any perfon or perfons, who, after the
publication of faid Act, and before the faid firft day of January,
fliall be concerned in obfirudbing the fitting of the Courts of
law, or in any outrageous proceedings, fubverfive of the author-
ity of law and government ; but they fiiall, in all refpects, be
liable to be apprehended and tried, in manner as is hereafter

provide '

INDEMNITY. February 9, An. 1787. US

provided. And it is hereh)\ further provided^ That nothing con-
tained in this Act lliall be conflrued to extend to indemnity any
perfon or peribns whatever, from any fuits or profecutions to
which they may be liable, for injuries done or committed to the
property or perfons of any individual.

Sect. 4. And he it further enaEled by the authority aforefaidy
That all fuch perfons, who may have offended as aforefaid, and Perfons neg-
who fliall neglea or refufe, before the laid firft day of January ,;t"5pSe?.
next, to take and fubfcribe the oath of allegiance, in manner as ^^^ ^^^ tried
aforefaid, fhall be fubje(51: to be apprehended and tried before in any county.
the Juftices of tlie Supreme Judicial Court, either in the county
in which faid offence was committed, or in any county within
this Commomvealth neareft thereto, where law and juftice can
be adminiftered without appreheniaon of interruption. And all
perfons who fnall after the publication of this A61 be guilty of
the like ofi^nce, fliall be liable to be tried in the fame manner.
And fuch trial Ihall be had, judgment rendered, and execution ■
done, to all intents and purpofes, in like manner and form, as if
fuch offences had been committed within the body of the fame
county where the faid trial may be had ; any law or ufagc to
the contrary notwithftanding.

[This A(St paffed November 15, 1786.]

An ACT in addition to an Aft, entitled, " An Ad
granting Indemnity to fundry Offenders on certain
Conditions, and providing for the Trial of fuch who
fhall negled or refufe to comply with faid Conditions,
and of thofe who ihall be guilty of like Offences in
future.'*

WHEREAS In the A^l, entitled, « An Act for granting Preamble,
indemnity to fundry offenders on certain conditions,
and providing for the trial of fuch who Ihall negle£t or refufs
to comply with faid conditions, and of thofe who fiiall be guilty
of like offences in future," paffed the laft feffion of this prefent
General Court, it is among other things ena(Sled, that certain
offenders therein defcribed, " fhall be fubje6t to be apprehended
and tried before the Juftices of the Supreme Judicial Court,
either in the county in which the faid offence was committed,
or in any county within this Commonwealth neai-eft thereto,
where law and juftice can be adminiftered without apprehenfion
of interruption 5" but no provilion is therein made in what man-
ner, or by whom, the trial of fuch offenders in any other county
than that in which the offence hath been or fliall be committed,
Ihall be ordered and appointed, in virtue of faid A(St :

Sect, i . Be it therefore cna6ted by the Senate and -Hoife of Rep"
refentativeSf in General Court aJfembUdy and by the authority of the

fame,

144 INDEMNITY. February 9, An. 1787.

Governor and/"'?^* That the Governor, by and with the advice and confent

Council, au- of the Council, be, and he hereby is authorized and cmpow-

thorized to or- q^q^^ ^y warrant under the feal of the Commonwealth, by him

offenders to be fubfcribed, and directed to the Juftices of the Supreme Judicial

had in any Court, to Order and appoint the trial of fuch offenders to be

•ounty. Ji^d in any other county, than that in which the offence hath

been or (liall be committed, nearefl thereto, where law and juf-

tice can be adminiftered, without apprehenfion of interruption ;

and fuch offenders Ihall be there triad, agreeably to fuch order

and appointment. And the Juftices of the faid Court, fliall

charge the Grand Jurors ferving therein, for the body of the

fame county, diligently to inquire into and true prefentment to

make of all fuch offences, in like manner and form, as if they

had been committed, within the body of their county j whofe

duty it fhall be to cio accordingly.

Sect. 2. And be it further enacled hy the authority aforefaidf
Claufe refpeift- That if any perfon or perfons are aheady indlfted for any of
ing perfons al- {\^q offences defcribed in the A.&. above referred to, by the
ready indided. q^^^^^ Jurors for the body of the county within which the faid
offences are alleged and charged to have been committed, and
the trial of fuch perfon or perlbns fhall be ordered and appoint-
ed, in manner aforefaid, to be had in any other county ; then,
and in fuch cafe, the Juftices of the faid Court fliall order the
indidhiient to be brought before them, in the county wherein
the trial of fuch peribn or perfons fhall be fo ordered and ap-
pointed to be had, as aforefaid ; and the fame proceedings fhall
be had therein, and the like judgment rendered and execution
done, in all refpedts, as would and ought to have been had,
rendered, and done, if the trial was had, Avithin the county
wherein the oftonce had been committed.

Sect. 3. And be it further enaEled by the authority aforefaidf
When danger That if the Juftices of faid Court, fliall apprehend there is
of an efcape or (j^nger of an efcape or refcue, of any perfon or perfons, who
hendedjuftkcs ^^^^^^ ^e conviaed before them of any of the offences defcribed
may ca'ufe con- in the aforementioned Act, whereby the judgment rendered
viAs to be re- againft theni may be avoided, it fhall be lawful for the Juftices
moved by a ^^ ^j^^ r^|j Court to caufe fuch convidls to be removed by a
corpus. writ of habeas corpus, (in which the reafon of the removal fhall

be fet forth) from the gaol of the county, in which they fliall
have been tried and convicled, into the gaol of any other county,
for their more f afe keeping. — And the f everal flieriSs and keep-
ers of the gaols fhall receive the faid convicts into their cuftody
and fafe keeping, as fhall be commanded them by the faid writs 5
' and judgment fliall be executed upon all fuch convicts, within

the county into which they fliall be fo removed, in like man-
ner, in all refpedls, as it would and ought to have been done,
had they been tried and convicted in the fame county.
[This Aft paffed February 9, 1787.]

GRAMMAR SCHOOL. February 14, An. 1787. 145.

An ACT making perpetual an A£l refpedrng the
Grammar School, in Ipfwich, m the County of
EJfex.

WHEREAS a law refpefting the UticI School, was enacted preamble.
in the year one thousand kvQW hundred and ilxty-five,
to be in force for the term of twenty-one years, from the firll
day of March, one thoufand {even hundred and fixty-iix, which scc Appendix.
law has been found beneficial, and to anfwer the purpofes for
which it was enabled :

Be it therefore enaBed by the Senate and Houfe of Reprefentat'weSy
in Geiieral Court ajjhnhlcdy and by the authority of the fame. That
the laid law, entitled, " An Acl for regulating the Grammar Enadirg
School in Ipfwich, in the county of Effex, and for incorporating '^^^"^^■■
certain perfons to manage and direct the fame," be and hereby
is made perpetual.

[This Aft paffed February 14, 1787.]

hvi ACT defcribing the Difqualifications to which Per-
fons fliall be fubjeded, who have been or may be
guilty of Treafon, or giving Aid or Support to the
prefent Rebellion, and to whom a Pardon may be
extended.

WHEREAS the General Court, at their prefent feffions, Preamble.
have " refolvedy That the Governor be authorized and
empowered, in the name of the General Court, to promile a
pardon, under fuch difqualifications as fhould thereafter be pro-
vided, to fuch private foldiers and others, who might have a(fted
in the capacity of non-commilfioned officers, as had been, or
were in arms againft the Commonwealth, with fuch exceptions
as he, or the general officer, commanding the troops, might
judge necellary : Provided, they lliould deliver up their arms,
and take and fubfcribe the oath of allegiance to this Common-
wealth, within fuch time as might be limited by his Excellency,
for that purpofe :"

And whereas it is fit and expedient, that the conditions and
difqualifications upon which the pardon and indemnity to the
offenders aforeiaid, lliould be offered and given, fhould, as foon
as pofTible, be eftabiilhed and made known :

Sect. i. Be it enacted by the Senate and Hotfe of Reprefenta-u onardonlli all
fives, in General Court affembled, and by the authority of the fame, be promjfed to
That no pardon or indemnity, Ihall be promifed as aforefaid by ^"^ I"^''^'"" "f
the Governor, by virtue of any Aft or refolve of the General ;ije"^^ii"g"yp
Court, that has been or fhall be paffed, to any perfon or perfons, their arms aud
who have a6ted in the capacity of non-commiffioned officers or fubfcribe the
privates, or perfons of any other defcription, who, fince the firft "." e'' vvi^h^"
day of Anguflj feventeen hundred anci eighty-fix, have been, the time iimit-

VoL. I. T now ed.

146 DISQUALIFYING ACT. February i6, An. 1787.

now are, or hereafter may be in arms againft the authority aaid
government of this Commonwealth, or who have given or may
hereafter give them counfel, aid, comfort or fupport, voluntarily,
with intent to encourage the oppoiition to government, unlefs
they fliall on or before fbch time as the Governor fliall limit
for that purpofe, deliver up their arms to, and take and fubfcribe
the oath of allegiance, before fome Juftice of the Peace, within
fome county of this Commonwealth ; and no pardon or indem-
nity {hall be offered or given by the Governor to any of the
offenders aforefaid, who are not citizens of this State.

Sect. 2. And be it further enacied by the authority aforefaid.
That to whomfoever of the offenders aforefaid, the Governor fhall
think fit, by virtue of any Aft or refolve of the General Court,
to promife a pardon and indemnity, for the offences aforefaid, it
Conditions and fliall be under the following reftriftions, conditions and difqual-
difqualifica- ifications, that is to fay ^ That they fliall keep the peace for the
term of three years, from the timie of paiiing this Aft, and that
during that term of time, they fliall not ferve as Jurors, be eli-
gible to any town-office, or any other office under the Govern-
j-nent of this Commonwealth, and (hall be dilqualified from
holding or exercifing the employments of fchccl-m afters, inn-
keepers or retailers of fpirituous liquors, or either of them, or
giving their votes for the fame term of time, for any officer,
civil or military, within this Commonwealth, unlefs fuch per-
fons, or any of them, fliall, after the firft day of May^ feventeen
hundred and eighty-eight, exhibit plenary evidence of their
having returned to their allegiance, and kept the peace, and
' that they pcffefs an unequivocal attachment to the government,
as ftiall appear to the General Court a fufficient ground to dif-
charge them, or any of them, from all or any part of the dif-
qualifications aforeiaid.

Sect. 3. Be it further enaBed by the authority aforefaid. That
Duty of ^the jj. jf-j^^jj^ |-)g ^^ j^^y ^f ^^ Juftice before whom any offender or
Cv^iom^ offend- offenders aforefaid may deliver up their arms, and take and fab-
ers may deliver fcribe the oath aforefaid, and he is accordingly directed, imme-
up their arms, diately on the expiration of the term to be limited by the Gov-
'■• ernor as aforefaid, to certify to the clerks of the feveral towns,

cliJlrifts, and plantations, whereunto the offenders may belong,
the names of all fuch who ihall deliver up their arms and
take and fubfcribe the oath aforefaid, and fliall alfo, as foon
as may be after the expiration of the faid term, make a re-
turn to the Secretary of this Commonwealth, of the number of
arms in his poffcffion, and to whom they belong, and fliall at
the fame time lodge with the Secretary, their original fubfcrip-
tlon to the oath of allegiance ; and it fliall be the duty of the
Juftice to require fuch as Ihall take and fubfcribe the oath of
allegiance, to fubjoln to their names, their places of abode, and
their additions, and if required, to give to each offender who

ihaU

DISQUALIFYING ACT. February 16, An. 1787* 14;

Ihall deliver up his arms, and take and fubfcribe the oath afore-
faid, a certificate cf the fame under his feal ; and he jQxall be in-
titled to aik and receive n'mepence^ of the oiienders, for each cer-
tificate. And any Juftice of the Peace to whom any arms may
voluntarily be delivered as aforefaid, Ihall certify to the Major-
General or commanding-officer, of the divifion in which the
faid Jufiiice may live, the number of arms fo delivered to him,
and by whom they were delivered -, and it fhall be the duty of
fuch Major-General or commanding-officer, to give fuch direc-
tions as he may think neceffary, for the fafe keeping fuch arms,
in order that they may be returned to the perfon or perfons who
delivered the fame, at the expiration of the faid term of three
years, in cafe fuch perfon or perfons fhall have complied with the
conditions above-mentioned, and ffiall obtain an order for the
re-delivery of fuch arms, from the Governor, who is hereby
authorized and em.powered to make fuch order, unlefs it appears
to him, that the conditions aforefaid have not been complied
with.

Sect. 4. Be it further eftaBed by the authority aforefaid^
That if any offender or offenders aforefaid, who flaall deliver up Penalty for vote
their arms and take and fubfcribe the oath of allegiance, as afore- '"gf' ^c- aftcf
faid, or to whom a pardon may be promifed by virtue of any /-^ j"^ qiwu-
future acl or refolve of the General Court, flaall vote, or offer to
vote in any town or other meeting, for any office, civil or mili-
tary, within the Commonwealth, or fhall make, forge, or alter
any certificate of a Juftice, of his having delivered up his arms,
and taken the oath of allegiance, as aforefaid, he {hall forfeit all
his right and intereft in and to the pardon and indemnity which
may be promifed him by virtue of the authority aforefaid, and
be fubje£l to the fame pains and penalties, as if fuch promife
had never been made.

Sect. 5. And he it further cnaBed by the authority aforefaid,
That the Governor be, and he hereby is authorized and em- Governor em-
powered to promife a pardon of their paft offences, uncondi- powered to
tional, and without any difqualifications, to all fuch privates, as don"'' uncondi
have borne arms againft the government of this Commonwealth, tional, to cer-
who afterwards voluntarily took up arms previoufly to the firft tain privata*.
day oi February current, in fupport of the faid government, and
to thofe who, agreeably to the propofals of General Lincoln, of
the twenty-ninth and thirtieth of Ja?iiiary laft, voluntarily came
in, furrendered their arms, and took apd fubfcribed the oath of
allegiance within three days from the faid twenty-ninth day of
"January, any thing in this Adl to the Contrary notwithflanding :
Provided, That no pardon which fhall be promifed by the Go- Provifo.
vernour, fhall be conftrued to extend to indemnify any perfon
or perfons whatever, from any fuits or profecutions, to which
they may be liable, for injuries done or committed to the pro-
perty or perfon of any individual.

Sect.

148 NEW-BEDFORD INCORP. Feb, 23, An. 1787.

Sect. 6. Be it further enaElcd by the authority aforefaidy
Thofe who do Tliat it is the duty of nil officers civil and military, within this
not deliver up Commonwealth, to hold all offenders as aforefliid, who lliall not

their arms, and ... , if-i r r-iii- i •

take and fub- Within the term to DC limited asatoronud, deliver up their arms
fcribe the oath and take and fubleribe the oath of allegiance, as rebels and open
of allegiance, enemies, and they are directed and required, to encounter, pur-
rebels and^opcn ^"*^' conquer, apprehend, and fecure them, {o that they may be
enemies. brought to trial and punifhment ; and all the citizens of this

Comaionwenlth are hereby required to aid and lupport the faid
officers, in the execution of their laid duty.
Governor n- Sect. 7. And be it further eenacled, That the Governor be,
queiled to ex- and he hereby is requeued, to except out of the pardon he ihall
eept certain pronrij'fej by virtue of the refolve abovementioned, all thofe who
the pardon ° h^ve been members of any General Court in this State, or of
any State or county convention, or who have been employed
heretofore in any commiffioned office, civil or military, thofe
who, after delivering up their arms, and taking the oath of alle-
giance during the prefent rebellion, have again taken and borne
arms againft the government ; thofe who have fired upon, or
wounded any of the loyal fu bj efts of this Commonwealth 5 thofe
who have acted as committees, counfellors or advifers to the
rebels ; and thofe, who in former years have been in arms
againft tiie government, in the capacity of commiffioned officers,
and were afterwards pardoned and have been concerned in the
prefent rebellion.

Sect. 8. And be it further enaclcd by the authority aforefaidy
Town-Clerks That the Clerks of the feveral towns, diftrifts and plantations,

dircded to ^g dircftod to read tliis A^t at the opening of their annual meet-
read this A61. • • 71 <- / 1 -f^ •/ ,.
ings ill Inanh and April next.

[This Atlt paflcd February i6, 1787.]

An ACT for incorporating the eafterly Part of the
Town of Dartmouth^ in the County of Brijiol,
into a feparate Town, by the Name of New-Bedford.
q l^E it enaEled by the Senate and Hcufe of Reprefenta-

-^^ tivesi i^^ General Court uffembledy ami by the author^
ity cf the famcy That the lands hereafter dcfcribed, to ivity Ee-
tuundarlcs. ginning at a bridge lying acrofs a ilream that runs through the
beach, by a place called ClarFs-Ccvey thence running northerly
as the main branch of the ftream runs, till it comes to a little
bridge lying acrofs the country road, at the foot of a hill about
twenty rods to the eadward of the dwelling hcufe, where James
Pechnauy deceafed, laft dwelt ; thence northerly on a ftraight
line to Nathaniel Spooner^s faw-mill ; from thence northerly on
the weft fide of Bolton^ cedar fwamp, till it comes to the divid-
ing line between Dartmouth and Freetown, near the place called
Aaron's caufe\vay ; thence eaft tv/enty-two degrees and one half

north,

NEW-BEDFORD INCORP. Feb, 23, An. 1787. 149

north, in the dividing Hne between faid towns, to a rock, known
by the name of peaked rock ; thence foutherly by the country
road that leads from Dartmouth to Bofion, one hundred and
eight rods, to the fouth-weft corner of Ebetiezer Leivish home-
ftead farm ; tlience eaft about three hundred rods in the divid-
ing hne, between Rochejler and Dartmouth^ to a large white-pine
tree, marked on three lldes ; thence ibuth fix degrees and one
half eail, in the dividing line, between Dartmouth and Rochcf-
tefi to a heap of ftones by the fea ; thence wcfterly, to the firfl
mentioned bounds ; witii all the illands heretofore known to be
a part of Arqujlmot village, with the inhabitants dwelling on the
lands above defcribed, be, and they are hereby incorporated into
a town by the name ot jSeiv-Bedford : and the laid town is here- vefted with
by inveiled with all the powers, privileges and immunities, to power?, &c.
which towns within this Commonwealth are, or may be entitled,
agreeably to the Conftitution and laws of the faid Common-
v/calth.

Sect 2. Frovhltd neverthelefs^ and he it further enacled. That provifo.
any of the inhabitants now dwelling on the above defcribed lands,
who are or may be ftill delirous of belonging to the town of
Dartmouth^ fhall at any time, within two years from the palling
tliis Acl, by returning their names into the Secretary's office,
and lignifying their dellre of belonging to faid Dartmouth^ have
that privilege j and fhall with their polls and eflates belong to,
and be a part of the faid Dartmouth ; they paying their propor-
tion of all taxes, which fhall have been laici on the faid village
of Acqujlmot^ or town of New-Bedfordy previoufly to their thus
returning their names, as they would by law have been holden
to pay, had they continued, and been a part of the town of
N^eiv-Bedjord,

Sect. 3. Be it cnaEled by the authority afore/aid. That the inhabitants
inhabitants of the faid tov^m of Neiu-Bedford^ fliail pay all the fhall pay all ar-
arrears of taxes, which have been afTefied upon them, and their '■^^'"^ °^ *^^^*'
proportionable part of what remains unpaid of the beef-tax, fo *^'
called, together with their proportion of all debts, that are now
due from the faid town of Dartmouth, and fliaii lupoort their
own poor.

Sect. 4. Be it enacted by the authority ajorefaid. That the Pubh"c lands,
public lands, and the buildings ilanding thereon, alfo the town's town's ftock of
Hock of powder, and other town's property, fliall be eftimated Po^der. &c.
and divided in the fame proportion, that each vihage paid in the ^'^j^ '^^ /(!!'
laft State tax, by committees to be appointed for that purpcfe, vlded.
at their annual town-meeting in March or xlpnl next : And
whatever fum fhail be found due to the tov.ai of Dartmouth^ in
confequence of the work-houfe Handing within the line of Netv-
Bedford, as fhall be reported by faid committees, the inhabitants
of f-aid New-Bedford flaall pay to the faid tovm of Dartmouth.

Sect. 5. And be it enabled by the authority aforefaid. That Ellflia May,
Elijf^a May, Efq. be, and he hereby is empowered, to ifTue his ECq. to caU a

warrant, '"^'^'"'S-

150 PENOBSCOT INCORPORATED. reb.2^,An.iyZ^.

warrant, direcfted to fome principal inhabitant, requiring him
to warn and give notice to the inhabitants of the faid town of
Neiv-Bedford, to aflemble and meet at fome fuitable place, in the-
faid town, to choofe all fuch town-officers, as towns are required
to choofe at their annual town-meetings, in the month oi March
or Aprils annually.

[This Aft paiTed February 23, 1787.]

Divided Febru-
ary 10, 1796.

Preambl*i

Xoundaries.

Incorporated
and invefted
with powers.

Jofeph Hib-
bert, Efq. to

•all a meetincr.

Provifo.

An ACT for incorporating a certain Plantation in the
County of Lincoln^ called Majorbigwaduce^ or Num-
ber-Three, into a Town by the Name of Penobfcot.

WHEREAS the inhabitants of the faid plantation labour
under many difficulties and inconveniencies for want of
being incorporated into a town : Therefore,

Sect, i . Be it enaBed by the Se7tate and Houfe of Reprefetita^
tiveSf in General Court ajfembled^ and by the authority of the fame^
That all the lands lying within the following limits, with the
inhabitants thereon, viz. Beginning at Buck-Harbour, ih called,
on the dividing line between Number-Three and Number-Four,
and from thence running northeafterly, on the wefterly line of
Number-Four, Number-Five, and Number-Six, to the foutherly
corner of Number-Two •, thence weflerly, on the foutherly line
of Number-Two, to Penobfcot River ; thence foutherly, down
the fame river, and Penobfcot Bay, to the fouthweftermoft part
of Cape Rozier ; thence eafterly, including SpeBacle Ifland to
Buck Harbour aforefaid, the place of beginning, be, and hereby
are incorporated into a town, by the name of Penobfcot ;' and
the faid town is hereby inverted with all the powers, privileges
and immunities, that the towns in this Commonwealth are en-
titled to, according to law.

Sect. 2. And be it further enaBed, That Jofeph Hibbert, Efq.
be, and he hereby is empowered, to iffue his vv'arrant, to fome
principal inhabitant of faid town, to warn the inhabitants there-
of to affemble, at fuch time and place in faid town, as by faid
warrant Ihall be appointed, to choofe all fuch officers as by law
are appointed to be chofen annually, in the month of March of
April ; and the laid inhabitants being fo aflembled, fliall be, and
hereby are empowered to choofe fuch officers accordingly.

Sect. 3. Provided neverthelcfs , That nothing in this A£t
fhall in any manner affi^dl the right of foil, in the lands afore-
faid, or difcharge the taxes already aflefTed, or ordered to be af-
feffed, in the faid plantation ; but the faid town fhall be consid-
ered as held to pay all fuch taxes, which remain due and unpaid
frOm the faid plantation.

[This A6t paffed February 23, 1787.]

JURORS. February i6y Ati. \']Z'j, 151

An ACT for preventing Perfons ferving as Jurors, who
in confequence of having been concerned in the pre-
fent Rebellion, are by Law difqualified therefor.

WHEREAS by an A£l, entitled, « An Aa for regulating Preamble,
the choice and fervices of Petit Jurors," it is among
other things provided, " That if any perfon whofe name fliall
be put into either box, fhall be guilty of any grols immorality, his
name fhall be withdrawn from the box, by the Selechnen of the
tow^n." J

And whereas by an A£t pafTed the prefent feffion of the Gen-
eral Court, the pardon which his Excellency the Governor is
authorized to promife to perfons who have been concerned in
the prefent rebellion, is upon condition that they do not ferve
as Jurors within three years :

And whereas it is reafonable to provide as far as may be, not
only for the due adminiftration of juftice, but alfo for the relief
of iuch perfons as have been concerned in the faid rebellion,
and who, though unwiUing to declare themfelves criminal, may
wlfti to avail themfelves of the pardon promifed, or which may
be promifed as aforefaid :

Sect, i . Be it therefore enacled by the Senate and Houfe of
ReprefefitativeSf in Genera! Court afemhled^ and by the authority of
the fame. That it fliall be the duty of the Seledmen of the lev- Sekamen dl-
eral towns to which a venire facias fliall be iiTued for Jurors, to ^^^^^^° "^*"J^"

TV-1/-1 ^^ c r~i 1 draw irom the

lerve at any Supreme Judicial Court, or any Court or Ceneral jury-boxes, the
Seffions of the Peace, or Court of Common Pleas, in this names of all
Commonwealth, at any time within one year from the pafiing ^""^'^ n!\y^A ^'
this Aft, and fuch Seleclm.en are hereby required to withdraw ^^y^^y ^ „}" ^.
from the jury-boxes, the names of all fuch perfons as they judge vouring there-
to have been guilty of favouring the prefent rebellion, or of bellion.
giving aid or fupport thereto, prior to drawing out the names of
the Jurors that may be called for by the venire facias.

Sect. 2. Provided neverthele/s. That if fuch perfons, or any of Provifo,
them, fliall make application to the town to reftore their names
to the jury-box, and can obtain a vote of the town, at any town-
meeting afterward to be called for that purpofe, to have his or
their names reftored to the box again, the name of fuch perfon
or perfons fliall be reftored accordingly.

And whereas by the faid A£l, for regulating the choice and
fervices of petit Jurors, it is among other things provided, "That
the Juftices of the refpeftive Courts fliall, upon motion from
either party in fuit, put any Juror upon oath, v/hether he is fen-
lible of any prejudice in the caufe, and if it iliall then appear to
the Court, that any Juror does not ftand indifferent in the caufe,
he Ihall be fet aiide for the trial of that caufe, and another call-
ed in his ftead." And whereas it is necelFary for the impartial
ftdminiftration of juftice, that effectual meafures be taken to

prevent

152 SHAPLEIGH. February ^y, hn. I y'^y.

prevent thofe peiTons who have been concerned in the prcfent
rebellion, fron^ ferving as Jurors in trials for treafon or mifprifon
of treafon :

Sect. 3. Be it further vuacledy That if within the faicl term

Perfons fufpec- of three years, from the time of palling the Ki\. aforefaid, pailed

in^ "the^Vebd- ^^ prefent feffion of the General Court, upon the trial of any

lion, difqualifi- perfon before the Supreme Judicial Court, for treafon or mif-

cd to ferve as prifon of treafon, the Attorney-General, or perfon ailing in be-

iTtrcafcil"^^' half of the Commonwealth, lliall fuggeft to the faid Court, that '

any perfon called to ferve on the Jury of trials, has been guilty

of favouring the rebellion now exiting, or has in any manner

been concerned therein, or given aid or fuoport thereto, if the

faid Court upon inquiry of the perfon againjl; whom the objec~

tion is made, or upon examination of witnefics, Ihall judge that

there is probable ground for the faid fuggeftion, it fliali be the

duty of the Court to fet allde the perfon fo objecSted to, as dil-

qualihed to ferve as a Juror.

[This Aft palled February 26, 1787.3

An ACT for repealing in Part a Claufe in an Ad:
pafled the fifth Day of March, one Thoufand feven
Hundred and eighty-five, entitled, " An A61 incorpo-
rating the Plantation of Shapleigh, in the County of
Tork, into a 1 own by the Name of Shapleigh.^ and
for annexing certain Lands to Lebanon.*'

Preamble. "V"^ "THERE AS the proprietors of fevernl tra(fl:s cr parcels of

Y V ^"^^^^ adjoining to the tOAvns of Snndford and Lehanotiy have

petitioned this Court, that the faid feveral trails of land, which

in and by faid A£l are annexed to the town of Savdford, may be

annexed to the towns of Shapleigh and Lebation^ refpedtively :

Sect, i . Be it therefore enabled by the Senate and Houfe of Rep-

rfentati'uesy in General Court affembledy a?id by the authority of the

Claufe in a Tor- fnme^ That the claufe in the aforefaid A61, annexing all the gores

"^^1 A^^ ^"^" ^^^'■^ trafts of land herein mentioned, to Sandford, be, and the

*" ' fame claufe is hereby repealed, fo far as it relates to the feveral

trails of land aforefaid.

Sect. 2. And be it further enacted by the authority aforefaid^

Ceitain trad of That a certain tradl of land, containing five hundred acres,

land annexed ^]-^{(-i-^ -^,^35 originally granted by the late province of Maffuchii-

fetts-Bay to John JV'ainivright, Efq. be, and the fame hereby is

annexed to the town of Lebanon, aforefaid.

Sect. 3. And be it further enacled by the authority aforefaid^
Several parcels That the feveral parcels of land following, viz. two hundred
"d^^"^ ^Sl"^'^" ^^^'^^ ^f ^^"^^ belonging to Samuel AndreivSy which he purchafed
kigh. of this Comjnonwcalth j five hundred and ninety acres belong-

ing to Jonathan Hamiltcny being the fame he purchafed of the
Commonwealth ; two hundred acres belonging to Kendal \ five

hundred

MALDEN BRIDGE. March i, An. 1787. 153

hundred acres laid out to Thomas Bah'i'y purfuant to a grant from
the late province of MaJJlicJvfetts-Bay ,• two hundred acres laid
out by faid province to Daniel Simpfon ; one hundred acres grant-
ed by the province aforeiaid to John Lydfion >• one hundred acres
laid out by faid province, to Alofes Banks ; four hundred acres
laid out to Jofcph Bean ; three hundred and fixty-nine acres, be-
longing to William iv-£/?, jun. being the fame the faid FroJI pur-
thafed of this Commonwealth, alfo fo much of three hundred acres
of land granted to John Lyclj'hn, as is owned and polTefled by the
faid William FroJl, jun, which aforefaid feveral trails of land are
in and by faid claufe, annexed to Sandford^ be, and the aforefaid
parcels or trails of land are hereby feverally annexed to, and
forever hereafter fhall be conildered as a part of, and as belong-
ing to the faid town of Shapleigh ; any thing in the aforefaid
Acl to the contrary notwithllanding.

[This A61- palTed February 27, 1787-.]

An ACT for incorporating certain Perfons for the Pur-
pofe of building a Bridge, where Penny-Ferry has
been ufually kept, and for fupporting the fame.

WHEREAS the eredling a Bridge over the river, where Preamble.
Penny-Ferry has been ufually kept, will be of great
public utility, and Thomas RuJJell, Efq. and others, have petition-
ed this Court, for an Act of incorporation, to empower tliem to
build the laid Bridge, and many perfons under the expc&tion
of fuch an Act, have fubfcribed to a fund for the purpofe of
eredting and completing the lame :

Sect, i . Be it therrfore etia5led by the Senate and Houfe of Rep-
refetitativeSi in General Court ajfemkled^ and by the authority of the
fanie,Th:itThor/ias RuJJlll^^i^q.Rirhard Devens,Y{q. Samuel Sivany Proprietors in-
}un. Jonathan Simpfcn-^jxxxi. and William Tudor yYS(\. fo long as they corporated.
Ihall continue to be proprietors in the faid fund, together with To own one
all thofe who are or Ihall hereafter become proprietors to the ^-^^ ^'"^ a!^^
faid ftock or fund, fliall be a corporation and body politic, under March'6 i8oz!
the name of the proprietors of Maiden Bridge ; and by that
name may fue and profecute, and be fued and prolecuted to
final jvidgment and execution, and do and fuffer all matters and
things which bodies politic may or ought to do and to fuffer ;
and that the faid corporation lliall and may have full power and
authority to make, have and ufe a common leal, and the fame
to break and alter at pleafure.

Sect. 2. And be it further enacted by the authority aforefaidf
That the faid Thomas Rujfcll, Efq. Richard Devens, Efq. Samuel Proprietor*
Swany ]un. Jonathan Simpfon^ ]un. znd William Tudor, 'ESq. or'"^y^^'""*
any three of them, may by advertifement in any two of the '"^ '"^*
news-papers, warn or call a meeting of the faid proprietors, to
be holden at any fuitable time and place, after fifteen days from

Vol. I. U the

154 MALDEN BRIDGE. March i, An. 1787.

the publication of the faid advertifement ; and the faid propri-
etors, by a vote of the majority of thofe prefent or reprefented
at the faid meeting (accounting and allowing a vote to each
lingle fliare in all cafes) ihall choofe a clerk, who fhall be duly
fvvorn to the faithful difcharge of his office ; and alfo fhall agree
on a method for calling future meetings ; and at the fame or any
May cflablifli fubfequent meeting, ni.iy make and eftablilli any rules and regu-
rulcs and regu- lotions, that lliall be necclTary or convenient for regulating the
ations, 'c. ^^.^^ corporation, for eftedling, completing and executing the
purpofes aforefaid, or for coUecling the toll hereafter granted,
and the fame rules and regulations may caufe to be kept and
executed, or for the breach thereof may order and enjoin fines
Provifo. and penalties, not exceeding four pounds ; provided^ the rules and

reo^ulations are not repugnant to the laws or conftitution of this
Commonwealth ; and the faid proprietors may alfo choofe and
appoint any other ofiicer or omcers of the corporation, that they
may deem neceffary j and all reprefentations at the faid meeting
fhall be proved in writing figned by the perfon making the fame,
by fpecial appointment, which fhall be filed with or recorded by
the clerk j and this Ael, and all rules, regulations and votes of
faid corporation, Ihall be fairly and truly recorded by faid clerk,
in a book or books for that purpofe provided and kept.

Sect. 3. And be U further ennclcd by the authority aforefaid^
Toll granted That for the purpofe of reimburfmg the faid proprietors, the
and eflabliHieA ^^Q^ey by them, expended or t;_o be expended, in building and
fupporting the faid Ikidge, a toll be, and is hereby granted and
eftabliihed for the fole benefit of tlie faid proprietors, according
Rates of toll, (.q the rates followin si; : For each foot paflenger, ow j!)c «;zj) and
one third of a penny : For each perfon and horCe, four pence : For
each horfe and czrtyjix pence : For each team drawn by more
than one beafi:, nine pence : For each horfe and chaife, nine
pence : For each coach, chariot, phaeton, and curricle, eighteen
pence : For each man and wheelbarrow, two pence two thirds of
a penny : For each horfe and neat cattle, exclufive of thofe in
teams or rode on, two pence : For each fheep and fwine, tivs
thirds of a penny, and toll on Lord's days fhall be double the above
rates ; and to each team one perfon and no more flrall be allow-
ed as a driver, to pafs free from toll ; and at the time when the
toll-gatherer fhall not attend his duty, the gate or gates flaall be
left open •, and the faid toll fliall commence on the day of the
firft opeiiing of faid bridge, for palTengers, and Ihall continue
forever ; provided, that when fifty years from the firft opening
faid bridge, are expired, the General Court from thence forward,
may regulate the f a^e of toll ; and the fame fliall be collected in
fuch manner as fliall be prefcribed by the faid corporation.
Sect. 4. And be it further enacted by the authority aforefaid^
Bridge (hall l>e That the iaid Bridge fhall be well bulk,- at leaft thirty-two feet
vidl built, &.C. ^ff{^Q^ Qf good and fuitable materials, \i\ih a good draw or pafl^age

way,

LEBANON. March I, An. ij^y. 15J;

way, thirty feet wide, through which for veffels to pafs both by
day and by night, and at a fuitable place, with well conftrufted,
fubftantial piers on each fide, and fliall be well covered with
plank or timber on the top, fuitable for fuch a bridge, and the
fame flaall be built two feet higher, above high water mark, than
Charles-River Bridge now is, and Ihall be kept in good and fafe
paiTable repair forever.

Sect. 5. And he it further enaBed by the authority aforejaid.
That the faid proprietors fliall, at the feveral places where the Sign or board
toll fhall be received, ere^l and conftantly expofe to open view, ftall be ercdled
a fign or board, with the rates of toll of all the tollable articles, ^/^^^jj^ &cjtir-
fairly and legibly written thereon, in large or capital letters 5 and ]y written,
the draw fhall be lifted for all veffels, v.-ithout toll or pay, except
for boats paffing for pleafure.

Sect. 6. And he it further enaBed hy the authority aforefaid.

That if the faid nroprietors fliall negleft or refufe for the Ipace If the proprie-

of four years, after the paffing of this A£l, to build the faid bridge, by^j^'lJj^^f^i^

then this Aft fliall be void, and of none effect. years] this A<5i

[This Aft paffed March i, 1787.] fliall'be void.

An ACT to empower the Town of Lebanon^ in the
County of York^ to affefs and colled a Tax upon the
Lands lying within the fame, for Minifterial Charges,
that have arifen fince June the twenty-fixth, One
thoufand feven hundred and eighty-two, and fuch
as may hereafter arife.

WHEREAS the proprietors of the common and undivided Preamble,,
lands in the pl.mtation of Lebanon^ in the county of
Torh^ in the year one thoufand {^yi^n hundred and iixty-five,
and long before the fame was incorporated into a town, contraft-
ed with Mr. Ifaac Hafey^ in coniideration of his fettling in the
work of the mlniftry in fTid place, to pay him annually, eighty-
fx pounds, thirteen JJnUings and four pence, for the firft eight
years ; ■SLWil feventy-three poufuh-, ftxffjillings and eight pence annual-
ly, after that time, during his miniftry in faid townfhip : Which
contraft on the part of faid Hnfey, has hitherto been fully com-
plied with j and the faid Hafey yet remains the fettled ordained
Minifter.of the church and congregation in faid town j and faid
proprietors have paid and fatisfied the annual fums agreed upon
with faid Hafey, until the twenty-fixth day of June, one thou-
fand feven hundred and eighty-two ; fince which time the
annual falary due to faid Hafey ^ for his minifterial labours in faid
tov/n, is in arrear and unpaid ; and near or quite all the lands
are divided and held in feveralty, whereby the proprietors of the
faid common and undi-^^ided lands, find themfelves utterly un-
able (agreeably to the laws of the government as they now ftand)
to comply with their faid agreement by aiTeilrnents thereon :

An(jt

iS6 LEBANON. Marcb i. An. 1787.

And whereas the inhabitants of the faid town of Lebanon^
have, together with a number of the non-rcfident proprietors of
lands in faid town, petitioned this Court, that they the faid in-
habitants^ in their corporate capacity, mr.y be authorized to affefs
the lands in faid town, improved and not improved, for the pur-
pole of railing a fum of money fufficient to pay the faid Ifaac
Hafey, the falary that is now due to him, for paft fcrvices : And
alfo to aflels fuch a fum annually on the faid lands, as will pay
the faid Hafey the aforementioned fum oi feventy-ilrree pounds^
fix jhUHngs and eight pence, during his nainiftry in faid town, ac-
cording to the original agreement with the faid proprietors :

Sect, i . Be it therefore enacledby the Senate and Hotife of Rep'
refentativesy in General Court ajpmb/ed, and by the authority of the
Aifeffors ^y^- famcy That it fhall and may be lawful for the Affeflbrs, or the
l^f " Taxes" for '^'^l^'^ P^^^ of them, for the town of Lebanon^ in the county of
the minifterial '^ork, for the cuiTent year, and they are hereby authorized and
falary already empowered, and directed, to aflefs upon the lands, and upon
^"^' every acre thereof, v/ithin the bounds and jurifdiclion of the faid

town, improved or not improved, equally (excepting fuch lands
as are by law exempted from taxation for the fupport of gov-
ernment) its rateable proportion of three hundred and thirty
pounds, being the falary due to the faid Hafey, to the twenty-
fixth day of December, one thouland feven hundred and eighty-
fix, together with fuch fum as fiiall be neceflary for defraying
the expenfe of aireffing and colle6ling the fame, not exceeding
fotir per cc7it. ; and the fame affelTment to deliver to the Confta-
ble or Colleftor of the faid town, or fuch one as Ihall by them
the faid Afieffors, or the inhabitants of faid town, be employed
or appointed therefor, v^-ith warrants therefor to colleft and pay
the fame into the treafury of the faid town of Lebanon, one
moiety by the firft day of May, and the other moiety by the firft
day of fidy next : And the laid AiTelTors fliall, in a column of
their rate-lift, exprefs the number of acres each relident in faid
town is afiefled at ; and alfo the quantity of acres each non-
refident is affeffed at, where the proprietor is known ; and in
Inch cafes where the owner or proprietor is unknown, the quan-
tity of acres, with fome defcription thereof, {l)all alfo be put
, down in the faid rate-lift.

Sect. 2. A7id be it further enaBed by the authority aforefaidy

directed to That the AiTcflbrs of the tov/n of Lebanon, that may be here-

Lflefs taxes for after chofen in March or April annually, be, and hereby are in
fuc ajary, an- ^^^q manner, fully autliorized, empowered and directed, annu-
ally, to afiefs the lands, improved and unimproved, lying within
the., bounds and jurifdiclion of the faid town, equally, upon,
every acre thereof, (excepting fuch lands as are or may by law
be exempted from taxation for the fupport of government) its.
rateable proportion oi fcvefity-threc pounds, ftx fiiillings and eight
pence, for faid Hafey\ annual falary, during his minillry in laid,

townj,

LEBANON. March i, An. 1787, 157

town, together with the neceffary charges and expenfes for
afleffing and collecling tiie fame, not exceeding eight per cent. ;
and the fame afTeflinent to commit to the Conftable or Collector
of the faid town, for the time being, with warrants for collecling
and paying in the fame to the Treafurer of the faid town, for
the time being, or his fuccefTor in office, by the laft day of De-
cember annually.

Sect. 3. And be it further enaEledbythe authority af or efaid^
That in cafe the owner of any lands alieffed as aforefaid, and In cafe the cw-
hving in faid town, lliall not, within thirty days after notice "^""^^ ^"y •^"^
given by the Colieftor, to pay the faid tax (which notice may be ^j^^ ^^^ affefilT
perfonal or by pofting up the fame in v/riting at the ufual place within 30 days
of attending public worlnip in faid town, for the fpace of thirty after notice
days) he may fell and difpofe of fo much of the lands taxed, at p'l*^"' "^'^^ ^f'

{,/ / , 1- , n L-jj -11 -,- r ai ■ Jedtor may fell

public vendue, to the higheft bidder, as will raile iulhcient r^ mud^ ^s will
money to pay the fame and the neceffary charges of notifying difcharge the
and felling ; public notice of the time and place of file being ^'^""^•
made known by pofting up the fame in fome public place or
places in faid town, fourteen days or more before the file, in
writing : And when no perfon fliail appear to difcharge the tax,
on non-relident proprietors' lands, the Colle6lor fhall publifli Directions re-
the feveral divifions, ranges and numbers, with the fums on them ^F<^"'g "°""
refpe^lively afTeiied, together with the names of the non-reiident p;ic*ors.
proprietors, (if known) three weeks lucceffively in the ncv/s-
paper of fuch printer, as Ihall print the acts and laws of the
General Court, or the votes or journals of one of the branches
tliereof : And if no peribn fliall appear in one month next after
the firft publication of fuch tax, in the faid paper, to pay the
faid taxes, with charges of notifying ; the faid Collector may
proceed to make fale of fo much of fuch non-refident proprie-
tors' right, fKare, lot or lots, as Ihail be fufficiertt to difcharge
the faid taxes, and all intervening charges, to the higheft bid-
der, at public auction : Notice likewife having been given of tlie
time and place of fale, by notifications thereof in writing being
pofted up, in fome public place or places in the fiid town, four-
teen days or more beforehand ; and the Conftable Ihall in all
cafes of vendue, in conlequence of this Act, wait one hour after
the appointed time for fale, that fulHcient time may be had for
bidders to attend ; and he fnall alfo have power to adjourn the
fale from day to day, if neceffary to complete the fale, not ex-
ceeding three days (waiting as aforefaid) and fliall give and exe-
cute a deed to the purchaler or purchafers, exprefting therein
the caufe of fuch fale, and faving to the proprietor or proprietors
the right of redemption of any lands fo Ibid, at any time within
one year from the time of fuch fale ; and the iame fliall be
reconveyed to him or them, on paying within one year as afore-
faid the fum fuch land fold for, and ffteen per cent, added to
the faid fum, if the proprietor was a roiidcnt at the time of fale

158 W. WHITNEY*s FARM, &c. March 2, An. 1787.

in the town, and tiuclve per cent, to flich. as are non-refidents,
together \vith the necefTary charges thereon. And the Town-
Treafurer of Lebanon for' the time being is hereby authorized
and empowered to enforce the payment of the faid tax from the
Conftables or Colle<flors, in the fame way and manner he is or
may by law be authorized to enforce the payment of other town
taxes.

Sect- 4. And be It further enciEled by the authority aforejaldy
Lands lying in That the lands, improved oi" not improved, lying within the
Lebanon, Ihall j^Q^^ds and jurifdiclion of the town of Lebanon, (excepting fuch.

bechargedwith ,11 ^ r -rir

the payment of ^s are or may be by law exempted rrom taxation tor the lup-
faxes made in port of government) fhall be and hereby are charged with the
confequence of pjiynient of the taxcs that may be made in confcquSnce of

this Act. ii • A '"I '

this Aci.
Provifo. Sect. ^. Provided always^ That it fliali be' in the power of

the inhabitants cf the faid town of Lebanon^ in town-meeting
legally alFembled, to direft their AfTefTors to place iiich part of
the f^.id annual falary on the polls and eflates within their town,
if they think proper, not exceeding the proportion of other
iimn taxes.

And whereas the power of complying with the agreement
made with the faid Hafcy^ by the proprietors, refpe6ting the
payment of his falary, will by this Aft be completely transferreidt
to the inhabitants of the faid town of Lebanon, which agreement
was originally entered into by faid proprietors, for the ufe and
benefit of the inhabitants, during their inability to make or
comply with fuch a contraft j it is therefore reafonable that
they on their part fliould be hereafter fubjedled to the fulfil-
ment and coinpliance with the faid contract :
Agreement cf Sect. 6. Be it therefore further enacted by the authority afore-
the proprietorsy^/^^ That the contraA and agreement of the proprietors of
Transferred^To' ^^'^'^"''"> m.ade with faid Hafcy^ fo far as it relates to the pay-
the inhabitants, ment of his falary, as before recited, already due, and fuch as
may hereafter become due, during ^the time Mr. Hafey fhall
continue in the miniilry in faid town, fhall be and hereby is
transferred from the faid proprietors, to the inhabitants of the
fiiid town of Lebanon, in as full and ample a manner, as if the
faid inhabitants had in their corporate capacity originally made
and entered into the faid agreement.

[This Aa pafled March i, 1787 ]

An ACT for fetting off that Part of the home Farm of
WiUiam Wb?t?2ey, which lays in the Town of Gardner,
to the town of Wincbendo?i.

Preamble. "^"S" THERE AS the whole of the home farm of William
W Whitney was refervcd to the town of Winchendon,
^y•hen the faid town of Winchetidon voted, that the foutheaflerly
part thereof might be annexed to the town of Gardner :

NATURALIZATION. March 2, An. 1787. 159

Be it therefore cnaBcd by the Senate and Houfe of ReprefentativeSf
in General Court afinibkd, and by the authority of the fame., That
all that part of the home farm of William Whitney^ which lies in Part fct off.
the town of Gardner, viz. Lot number thirty-feven, part of lots
number thirty-eight, forty and fixty, be, and hereby are fet off
from the town of Gardner, and annexed to the town of JVinchen-
don, and fliall hereafter be conlidered as belonging to the faid
town of Winchendon ; any law to the contrary not withftandlng.
[This Aa pafied March 2, 1787.]

An ACT for naturalizing William Martin and others.

WHEREAS William Martin and Elizabeth Martin, Preamble.
William Moch, and fohn Amory, now refiding in Bofion,
in the county of Suffolk, alfo David Smith and Elizabeth his wife,
and their children, viz. Mofes, Ruth, Mercy, Lendall, Davidy
Elizabeth, Hannah, Dorothy, and Godfrey, Williain Melton^
William Haggett, and John Nicholas Rudberg, and Anne his wife,
now reilding in Portland, in the county of Cumberland, and
Thomas Craige, of Billcrica, in the county of Middle/ex, have fev-
erally petitioned to the General Court that they may be natur-
alized, and be thereby entitled to all the rights and privileges
of free citizens of this Commonwealth :

Sect, i . Be it therejore enacted by the Senate and Houfe of
Reprefentatives , in General Court ajpmbled, and by the authority of
the fame. That the aforenamed William Martin and Elizabeth William Mar-
his wife, William Aloch, fohn Amory, David Smith and Elizabeth ti" and others
his wife, and their children, viz. Mofes, Ruth, Mercy, Lendall, "^turalized.
David, Elizabeth, Hannah, Dorothy, and Godfrey, William Mol-
ton, William Haggett, Thomas Craige, and fohn JSlicholas Rad-
berg, firfl: taking the oath of allegiance to this Commonwealth,
before two Juftices of the Peace, quorum unus, fhall be deemed,
adjudged and taken to be free citizens of this Commonwealth,
and entitled to all the liberties, privileges and immunities of
natural born fubje^ts.

Sect. 2. Atui be it further enacted. That the Juftices before
whom the perfons aforenamed may refpeftively take the oath
aforefaid, Ihall return a certificate thereof into the Secretary's
office, to be entered on the records of this Commonwealth.
[This Aft pafTed March 2, 1787.]

An ACT for incorporating the Plantation called Lim-
erick, in the County of Tork, into a Town by the
Name of Limerick,

WHEREAS the Inhabitants of the faid plantation have Preamble,
reprefented, and it appears to this Court that they
labour under many and great inconveniencies, by reafon of their
unincorporated ftate :

Sect.

Boundaries.

i6o LIMERICK, WATERBORO*. March 6, An. 1787*

Sect. i. Be it therefore enacted by the Senate and Hotife of Rep-
refentativesj in General Court affeinbledy and by the authority of the
fame, That the plantation aforefaid, bounded as follows, viz.
Beginning at a place called the Riplings, on Little Offtpce Riv-
er ; thence running north-northweft, five miles, one hundred
and feventy-feven poles ; thence wert-fouthwefi:, three miles
and one hundred poles, to Parfonfield line ; thence on faid line
one mile, one hundred and twenty poles, to a tree marked on
four iides, which is the eaft coi-ner of faid Parfonfeld ; thence
fouth by weft, two miles and forty poles, on the line between
faid Limerick and a plantation called WafJnngton, to faid Little
Offipce River ; thence running clown the middle of faid river,
to the firft mentioned bounds, containing about thirteen thou-
fand acres, be, and hereby is ere^led into a town by the name
of Limerick ; and that the inhabitants thereof be, and they

Invefted with hereby are vefted with all the powers, privileges and immuni-

powers, &c. .j-jgg which the inhabitants of towns within this Commonwealth
do or may by law enjoy.

Jeremiah Hill, Sect. 2. ^nd be it further enaEied, That Jeremiah Hill, Efq.

Efq. to call a \^q^ 3J-^J i-j„ hereby is empov\^ered, to iffue his warrant, to fome
principal inhabitant of the faid town, i-equiring him to notify
and warn the inhabitants thereof to jiieet at luch time and place
as he fliall therein let forth, to choofe all fuch officers as towns
are by law required and empowered to choofe in the months of
March or April, annually.

Sect. 3. Provided alwa\s, Tliat this A61: fliall be fo con-
ftrued, as not to atieft the claim of this Commonwealth, or any
corporate body or private perfon whatever, to the iliid planta-
tion, or any part thereof, if any fuch claim exifts.
[This Aa paffed March 6, 1787.]

meeting.

Pi-ovlfo.

An ACT for incorporating a Plantation in the County
of To?^ky called Majfahefcc^ by tiie Name of Water-
borough.

Preamble. "^"^ THERE AS the inhabitants of a plantation in the county
^^ of Tork, called Maffabefec, labour under many incon-
veniencies for want of being incorporated, and have petitioned
this Court to be incorporated into a town :

Sect. i. Be it enacted bv the Senate and Honfe of Rcprcfenta-
tives, in General Court ajfembled, and by the authority of the fame.
That the faid plantation, Avith the inhabitants thereof, bounded
Boundaries, as follows, viz. Beginning at the northerly corner of Coxhall ;
thence running north eleven degrees and an half weil, five miles
and tlii-ee quarters of a mile, to the river called Little Off pee ;
thence wefterly by the fame river to the northeaft corner of
Shapleigh ,- thence foutherly by Shapleigh and Sanford, to the
wefterly corner of Co.xhall aforefaid, then northeafterly by faid

Coxhally

BOSTON and ROXBURY. April 30, An. 1787. \6i

Coxhallj to the bounds lirft mentioned, be and hereby is incor-
porated into a town by the name of IVaterboroughy and invefted
with all the powers, privileges " and immunities, which other
towns in this Commonwealth are entitled to by law.

Sect. 2. Providedy That nothing in this A£l iliall be fo Provifo.
conftrued, as to affect the right of loil, to any lands within the
limits aforefaid.

Sect. 3. And be it further enaEIed by the authority aforefaid ^
That Nathaniel Wellsy Efq. be, and he hereby is empowered to Nathaniel
iflue his warrant to fome principal inhabitant of faid town, re- Wells, Elq. to
quiring him to warn the inhabitants of iaid town, qualified ac- * meeting,
cording to law to vote in town affairs, to ailemble at fuch time
and pl.'.ce within the fame town, as fliall be appointed by fuch
warrant, to choole all fuoh oflicers as other towns within this
Commonwealth are empowered to choofe, in the month of
March or April annually j and the faid inhabitants fo affembled
are hereby empowered to choofe fuch officers accordingly.
[This Aa paired March 6, I787.]

An ACT for altering a Part of the Boundary Line, be-
tween the Towns of Bojion and Roxbury, and for rat-
ifying an Agreement made between the faid Towns
for that Purpofe.

WHEREAS that part of the boundary line between the Preamble.
towns of BoJion and Roxbury^ which crolTeth Lamb's
Meadow (fo called) is nearly obliterated, and the Seleflmen of
the faid towns have petitioned this Court, that a new diredl line
may be eftablifljed in lieu thereof, agreeably to a plan mutually
Jigreed on by the faid towns ; and it appearing reafonable that
the faid agreement fhould be ratified and confirmed :

Sect, i . Be it therefore etjaBed by the Senate atid Houfe of Rep-^
refentativeSf in General Court afjembled^ and by the authority of the
fame^ That the agreement entered into between the towns oiBof- Agreement fa-
ton and Roxbury, for altering that part of the boundary line be- ^'^'^'l^nd con-
tween the faid towns. Which croiTeth LamFs Meadow (fo called)
be, and the fame is hereby ratified and confirmed.

Sect. 2. And be it further enaBed by the authority aforefaid^
That a line in lieu of the aforefaid obliterated boundary line. Boundary lire^
fhall in all future perambulations thereof, be run in the follow-
ing manner, that is to fay — By a flraight line in the fame direc-
tion with the prefent line from the road leading from Bcfon to
Roxbury^ from the moil: eai^erly boundary marked ftone in the
faid LarnFs Meadow, one chain and forty-one links ; thence turn-
ing and running north fifty-eight degrees eaft, by a ftraigbt
line acrofs the faid meadow, until it Ifrikes the ancient bounda*
ry mark in Lamb's Dam (io called.)

[Tliis Aa paiTed April o^o^ 1787.]

Vol. I. W An

1 62 NATURALIZATION; * May i. An. 1787.

An ACT for naturalizing Edward Wyer, and others
therein named.

Preamble. -yVT-HEREAS Ednvard Wyer, David Greene, and Thotnas
W Engli/Jj, have petitioned the General Court, that they
and their families may be naturalized, and be thereby entitled
to all the rights and privileges of free citizens of this Common-
wealth :

Sect. I . Be it therefore enacled by the Se/iafe arid Houfe of Rep-
refentatives, in General Court ajfembled, and by the authority of the
Edward '^-^e.t^fatne. That the afore-named Edward Wyer, and Alice his Avife,
uralized"""''' Edward Wyer, jun. and William Wyer, his children ; David
Greene, and Rebecca his ■tvife, John Rofe Greene, David Ireland
Greene, Charles Winffone Greene, and Rebecca Greene, his chil-
dren ; and Thomas Engliflj ,- they the faid Edward Wyer, David
Greene, and Thomas Englifj, lirfi: taking and fubfcribing the oath
of allegiance to this Commonwealth, before two Juftices of the
Peace, quorum unus, ihall be deemed, adjudged and taken, to be
free citizens of this Commonwealth, and entitled to all the lib-
erties, privileges and immunities of natural born fubjedts.

Sect. 2. And be it further enacted by the authority aforefaidy
Certificate of That the Juftices, before whom the perfons afore-named may
oat s,to e re- i.gfpg£\^Jvely take the oath aforefaid, fliall return a certificate of
the fame into the Secretary's office, to be entered on the re-
cords of this Commonwealth.

[This Aa paffed May i, 1787.]

AdditionaiAa, An ACT to divide the Town of Greenwich into two
Feb. 22, 1792. Pariflies ; and for including the North-Eaft Corner
of the Town of Belchertown, in the South Parifh.

q T)E it enaBed by the Senate and Houfe of Reprefenta-

■^ tives, in General Court afjhnbled, and by the author-
Boundaries olity of the fame. That that part of the town oi Belchertown con-
thefouth parifh. tained within the following boundaries, vi%. Beginning at the
north-eaft corner of Belchertown ', thence running weft upon
tlie line between Pelham and Belchertown, to the weft line of
lot number forty-feven j thence foutherly to Pembertonh line,
including four tier of lots ; thence weft to the weft line of lot
number feventeen ; thence foutherly on the faid line to lot
number thirty ; thence fouth on the faid line to lot number
thirty-fix ; thence weft to the north-jveft corner of lot number
thirty-fix ', thence fouth on the weft line of the faid lot, fo as to
include the whole of Lieutenant Calvin Kingfey's farm ; thence
eafterly to Greenwich line, together with the whole of the fouth
part of the faid Greenwich, beginning at the aforefaid north-
eaft corner of the town of Belchertown, running eafterly upon .
the line between the towns of Greenwich and Fclhatn, to the

fouth-eaft

GREENWICH DIVIDED. June 21, An. 1787. 163

fouth-eaft corner of Pelham ; thence fo far foutli upon Green-
nvich old line, fo called, as to leave the meeting-houfe and
church yard in the north parifh ; thence eaft to Hardwkk line,
be, and the fame hereby is formed into a feparate parifli, and
fhall be called and known by the name of the fouth parilh of
the town of Greenivich.

Sect. 2. And be it further enoBed^ That all the inhabitants Inhabitants in-
within the limits and boundaries aforefaid, fhall be coniidered "^efted with
as belonging to the faid parifh, and they are hereby invefted P°^^'^''*-
with all powers, rights, privileges and immunities, which other
pariflies in this Commonwealth are invefted with.

Sect. 3. Provided tievertbekfs^ That any perfon living Provlfo.
within the faid fouth parifli, who has not petitioned for the
aforefaid divilion, fhall, within one year from the firft day of
July next, return his or her name to the Secretary's office, cer-
tifying his or her defire of belonging to the north parifli, may
and fhall be confidered as belonging to the north parifli, and
his or her eftate and perfon fhall be liable to pay and perform
parochial taxes and duties accordingly.

Sect. 4. And be it.further enaBed by the authority aforefaid^
That Caleb Clarky Efq. be, and he hereby is empowered to iiTue Caleb Clark,
his warrant to fome principal inhabitant of the faid parifli, ^-^1 }° call a
requiring him to notify and warn the inhabitants thereof to '"^'^""S-
meet at luch time and place as by the laid warrant fliall be duly
fpecified, and then and there clioofe fuch officers as may be
neceflary to manage the affairs of the faid parifh ; and the
inhabitants qualified by law to vote, being fo aflembled, fhall be
and hereby are empowered to clioofe fuch officers accordingly,
[This A61 pafl^ed Ju?ie 21, 1787.]

An ACT to empower the fecond Parifli in Scarboro\ in
the County of Cumberland, to exchange the Parfon-
age Lands belonging to the faid fecond Parifh for
twenty Acres of Marfh lying within the faid Town.

WHEREAS the fecond parifh in the town of Scarboro' did. Preamble.
by a vote at their meeting on the twenty-flxth day of
March laft, agree to exchange the parfonage land mentioned in
the faid vote, being twenty-nine acres of land lying on the weft
fide of the town road leading from broad-turn road to the
town of Gorham, with Richard Lihby^ for twenty acres of marfli
lying near Scottoa-Hillf in the faid town, adjoining to James
Fofs's niarfli. And whereas the faid fecond parifh, by their
committee, have requefted the General Court, that an A6t may
be pafTed to empower them accordinglv :

Be it enaBed by the Senate and Hoiije of Reprefentativesy in
General Court ajfembledy and by the authority of the fame, That Second parHh
the faid fecond parifli, by fuch committee as they have or may empowered,

appoint,

i64 NATURALIZATION. July 2, An. 1787,

appoint, be, ar-d hereby are enipowered to execute a deed of
twenty-nine acres of parfonage land to the faid Richard Lilhy^
and to receive a deod from the faid Richard Libby^ in exchange
therefor, of the aforefaid twenty acres of marfli, in behalf of the
iaid fecond parifla, for the ufe of the MInifter of the faid parifh
and his fucceffbrs forever.

[This Aa pafled July 2, 1787.]

An ACT for naturalizmg John Gore, Efq.
"HEREAS John Gore, Efq. refident in Bofton, in the
Commonwealth of MaJjachufettSy has petitioned the
General Court that he may be naturalized, and be thereby en-
titled to all the rights, liberties and privileges of a free citizen
of this Commonwealth ; and it appearing reafonable that the
prayer of the petition fliould be granted :

Sect. i. Be it enaEtcd by the Senate and Houfe of Reprefenta-
iivesy in General Court ojjhnbled, and by the authority of the fame.
That the laid John Gore, upon his taking the oath of allegiance
and abjuration, required by the conftitution of this Common-
wealth, before two Jaftices of the Peace, quorum tinus, fliali be
deemed, adjudged and taken to be a free citizen of this Com-
monwealth, to all intents, conftru^lions and purpofes, as if the
laid John Gore had been an inhabitant of the territory, now tlie
Commonwealth aforefaid, at the time of making the prefent
form, of civil government.

Sect. 2. And be it further enacted, That the Juftices before
whom the fame oaths mall be taken, fhall return a certificate of
the fame into the Secretary's ofEce ; and the Secretary is
hereby directed to record the fame.

[This Adl pafled July 2, 1787.]

An ACT for incorporating the wefterly Part of the
Town of Dartnwatb, in the County of Brijlol, into a
feparate Town by the Name of Wejiport.

c . jyE it enafled by the Senate and Houfe of Reprefe/ita-'

-*^ fives, in General Court affemblcd, and by the author^

ity cf the fume. That the lands hereafter dclcribed, to wit, Be-
Eoundaries. ginning at the fouth-eaft corner of Job Almyh homeftead farm
Certain inhab- by the fea-lhore \ thence northerly, as the highway is laid out
itants of Dart- from the faid fea-fhore, up to Freetown line, (for particular
mouth, wua bcurdaries of the laid highway, reference" to be had to the re-
anncxed to ^^'^'^ thereof, as laid out by the SelesSlmen of the town of the laid
V.'eftport, by Dartmouth, in the years one thouland feven hundred and feven-
Aif>, February teen, and one thoufand feven hundred and eighteen, and re-
* ' ^'^•^' corded in the town book of records ;) thence wefterly, as the?

line is betv/eeu Freetown and Dartmouth, imtil it comes to the

north-weft

WESTPORT INCORPORATED. 7«/y 2, An.1787. 165

north-weft corner bound of the faid Dartmouth ; thence fouth-
erly, as the dividing line is between Dartmouth and the State
of 'Rhodc-Ijlandy until it comes to the fea-flaore j thence eaft-
erly, including all the necks and iflands of land heretofore
known to be a part of Accoakjet village, until it comes to the
iirft mentioned bound, with the inhabitants dwelling on the
lands above defcribed, be, and they are hereby incorporated incorporated
into a town by the name of Wejiport j and the faid town is and hivefted
hereby invefted with all the powers, privileges and immunities, ^'^ powers,
to which towns within this Commonwealth are or may be en-
titled, agreeable to the conftitution and laws of the faid C^om-
monwealth.

Sect. 2. Provided neverthelefs, and be h further ejjacfedy That Provifo.
any of the inhabitants now dwelling on the above defcribed
lands, who have not figned in favour of a divilion, and who are
or may be ftill defirous of belonging to the town of Dartmouth^
fhall, at any time within two years from the palling this A^l, by
returning their names into the Secretary's office, and Signifying
their deiire of belonging to the faid Dartmouth^ have that priv-
ilege ; and fliall, with their polls and ellates, belong to and be
a part of the faid Dartmouth j they paying their proportion of
all taxes, which fliall have been laid on the faid village of
Accoahfct or town of Wejiport^ previoully to their thus returning
their names, as they would by law have been holden to pay
had they continued and been a part of the town of Wejiport.

Sect. 3. Be it further enaEled by the authority aforefaidi That
the inhabitants of the faid town of IVeflport fliall pay all the inhabitants
arrears of taxes, which have been alTeffed upon them, and their fliall pay all ar-
proportionable part of v/hat remains unpaid of the beef tax, fo ^^^" of taxes,
called, together Avith their proportion of all debts, that are now
due from the faid town of Dartmouth^ and fhall fupport their
own poor \ and alfo any perfon or perfbns, who have hereto-
fore been inhabitants of that part of Dartmouth, which is now
Wejiport, and nray hereafter be returned as paupers to the town
cf Dartmouth, the Sele6hnen, or Overfeers of the poor of the
faid town of Dartmouth for the time being, when any fuch
pauper or paupers may be returned as aforefaid, who were
originally inhabitants of that part of Dartmouth, which is now
Wejiport, be, and hereby are empowered to convey him, her
or them, to the Overfeers of the poor for the faid town of
Wejiport, who are hereby diredled to receive and fupport the
fame.

Sect. 4. Ami be it further enaBed by the authority aforefaid,
That the public lands, and the buildings Handing thereon ; alfo Public lands,
the town's flock of powder, and other town property of all ^"'^ town's
kinds, ihall be eftimated and divided in the fame proportion ^^^ ^^ '^j^^Jjl
that each village paid in the laft State tax, by a committee to be eftimated
be appointed for that purpofc, as foon as conveniently may be, ^"'l divided.

i66 ALEWIVES. Jlfy 4, An. 1787*

by the town of Weftport, to join the committees thnt are cho-
fen for the fame purpofe, between Nenv-Bedford and Daftimuth ;
and the faid town of IVtjlport to receive a proportionable part
according to the faid State tax, of v. hat fum is found due from
Neiv-Bcdford to Dartmouth.

Sect. 5. Arid he it further enaEled by the authority aforefaid.

Road _ to be That the road which is the dividing hne between Weftport and

kept in repair £)^yfj„oi/fj;,^ {\y^\\ Vjg kept in repair, at the charge of each of the

of each tow^i. ^^i'^^ towns, in fuch proportions as each paid in the laft State tax.

Sect. 6. And be it enaSled by the authority oforejaid^ That

Benj. Ruffell, Benjamin Rtijfcll, Efq. be, and he hereby is empowered to iffue

Efq. to call a J, is warrant, directed to fome principal inhabitant, requiring

ipectiDg. j^j^ ^^ warn and give notice to the inhabitants of the faid town

of Wejport, to affemble and meet at fome fiiitable place in the

faid town, as foon as conveniently may be, to choofe all fuch

town officers, as towns are required to choofe, at their annual

town meetings in the month of March or April annually.

[This Acl paiTed July 2, 1787.]

An ACT to prevent the deftrudion, and to regulate
the catching of the Fifli called Alewives, in their
Pallage up the Rivers and Streams In the Town of
Harzvich, in the County of Banijiable.

c jyE it enaBed by the Setiate and Houje of Reprefenta'

-*^ tivesy in General Court ajfembled^ and by the auihor-
Townof Har- ity of the fame^ That the town of Harwich ll:iail be and hereby
'^^'\ '^r^^f'^^ ^^6 empowered and direcled, at their meeting for the choice of
perfons annual- ^^^^"^ officers in March or April annually, to choofe three or
ly, to fee that more perlons, being freeholders in the faid town, to fee that
this Aabedu- this Act be duly obferved ; and each perfon fo chofen fhall be
ly obferved. f^orn faithfully to difcharge the duties required of him by this
Their power, A61 j and the faid committee fliall meet together annually, on
^'^' or before the twentieth day of Aprils at fuch time and place as

they, or a majority of them, fliall appoint, and the major part of
the committee prefent at fuch meeting, are hereby authorized
and empowered to order the times, places and manner in which
the laid filli may be taken ; and the faid committee or the ma-
jor part of them, are hereby fully authorized and empowered
to caufe the natural courfe of the ftreams through which the
faid fifli pafs, to be kept open and without obftruftion, to re-
move any llich as may be found therein, and to make the faid
paffage ways wider or deeper if they fiiall judge it necelTary \
and the faid committee or either of them, paying a reafonable
conlideratlon therefor, if demanded, fhall have authority for
thofe purpofes to go on the land or mieadow of any perfon
through which faid ftreams run, without being confidered as
trefpailers j and any perfon who Ihall molcfl or hinder the faid

committee

ALEWIVES. July 4, An. 1787. 167

committee or either of them in the execution of the bufinefs Penalty for
of his or their office, or fhall obftriK^ any pafllige way in the moleftingthem
faid rivers or ftreams, otherwife than may be allowed by the '"'^f^.^^*^"!'""
faid committee, he or they fhall forfeit and pay a fine for every ^ ^^ ° ^^'
fuch offence, not e.:^ceediin^ forty JJjiilhigs, nor lefs than ttuefity
JJjiUmgs.

Sect. 2. And he it further enacted by the authority aforefaid.
That the faid committee, or the major part of them prefent at Empowered t*
any meeting duly notified, being not lefs than three in number, "P^n any dam
fliaii be, and hereby are authorized and empowered, to open or °^ """^^» ^'^'
caufe to be opened any dam or fluice of any mill or other dam
now erected, or that may be hereafter ere£led, on or over any
of the faid rivers or flreams (between the place where fuch rivers
or ftreams empty themfelves into the fea at low water, and the
ponds in which the faid fifli ufually caft their fpawns) at the ex-
penfe of the owner or owners of fuch dam or fluice ; Provided Provifo.
fuch owner or owners fliall negleil to open the fame when
thereto required by the faid committee or the major part of them,
immediately after being thus required fo to do ; and the dam
or fluice fo opened fhall continue open in every year, to fuch
depth and width, and for fuch term of time between the hf-
teenth day of April and the tenth day of Ju?iey as the major
part of the faid committee fhall judge necelTary ; and if any
perfon or perfons fliall obftruft the fiiid piifTage ways allowed or Penalty for ob-
ordered by the faid committee, or the major part of them, in flruding paf-
any dam or fluice, fuch perfon fo offending fhall, on convidlion ^^^e waye.
before any Juftice of the Peace in the county of BanyJable, pay
a fine for every fuch offence not exceeding forty Jhil/ingSj nor lefs
than twenty fjil/ings, and the faid committee fliall caufe every
fuch obib-uctiou to be forthwith removed.

Sect. 3 And be it further enacted, That if any perfon or Penalty for ta-
perfon fliall take any of the faid fifli in the rivers, ftreams or '^•"S fifti before
ponds aforefaid, before they fhall have cafl their fpawns, at any *^^^ ^^^^ 1]^X'
time, in any place, or in any manner other than fliall be allow- fpawns, &c, ^'
ed by the faid committee as aforefaid, each perfon fo offending,
for each and every fuch offence fliall, on conviftion as aft)refaid,
pay a fine not exceeding tvjenty fhillings^ nor lefs th.d.n fve fhil^
Zings, if the quantity of fifh fo taken is lefs than one barrel ; but
if the quantity fo taken fhall be one barrel or more, fuch perfon
or perfons {o offending, fliall forfeit and pay for each anti every
barrel of fifh Co taken, the fum of tiuenty /hi//ings.

Sect. 4. And be it further enaBed, That if the committee Perfons detecft-
aforefaid, or either of them, fhall detect any perfon or perfons in eJ by the com-
attempting to take any of the f^iid fifh at any time, or in anv "^'"'^^.' '" "•
place, or in any manner, otherwife than is allowed by the faid take'fifhf ^*
committee, or fhall find fuch fifli with fuch perfon or perfons, p
fuch perfon or perfons fliall be deemed to have taken the faid
fifh unlawfully, and fhall be fubjedt to the penalties of this Aft

accordingly,

i63 JOHN DEXTER, SET OFF. July 5, An. 1787.

accordingly, unlefs fuch perfon or perfons can make it appear^
on trial, that they came by the faid filh in fome other way.
Committee to Sect. 5. And he it further enaBedy That the committee to be
u !"j'"" ra? cholen as aforefaid, or the major oart of them, fliall determine

what days filh . , > r • j -V n 11 - 1 i ir

may be taken, what days m the week tne laid nin Ihall be taken, and alio on
&c. the certain parts of the laid rivers and ftreams where the filli

may be taken, to be particularly bounded or defcribed, fo that
' the faid places may be eafily known ; and fliall notify the inhab-

itants thereof, by pofting up notifications in feveral public places
in the faid town of Harwich, within ten days after their being
chofen as aforefaid.
Penalties, how Sect. 6. And be it further enaBed, That all the penalties in*
^^'^^j'e'^d^^ ^^^ curred by any breach of this Aft, (hall be recovered by com-
plaint before a Juftice of the Peace, in the county of Barnflabk^
where the faid penalty doth not ey^CQed forty fhillingS) allowing an
appeal to the Court of General Seffions of the Peace in the
county aforefaid ; and where the penalty profecuted for fhall
exceed the fum of forty fljillings, it mny be fued for and recov*
ered in any court in the' county of Barnflable proper to try the
fame ; and all fums recovered as forfeited by this Adt, fhall be
for the fupport of the poor in the town of Hariuich ,• and no
perfon, by reafon of his being one of the faid committee, or an
inhabitant of the faid town, fhall thereby be dilqualiiied frona
being a witnefs in any profecution for a breach of this A61:.
Paffage ways Sect. 7. Atid be it further enaBcd, That it ihall be the duty
annually'. °^^" ^^ ^'^^ committee aforeiaid, to take care that a iufl-iclent pailage-
way be kept open annually for the young alewives to pais from
the ponds to the fea.

[This Aa paffed July 4, 1787.]

An ACT for fetting off fohn Dexter^ and others therein
named, with their Eftates, from the North-Parifh in
Maiden^ and annexing them to the South-Parifh in
the faid Town.

T)E it enaBed by the Senate and Houfe of Reprefentatives, in Gen-*
-*-' eral Court affembledt and by the authority of the fame. That
John Dexter y Samuel Sprague, Wymond Bradbury^ Bernard Green^
Jonathan Hoivardy David Tufts, Phineas Sprague, Jofeph Barret^
jun. Phineas Sprague, jun. Jonas Green, Stephen Payne, Benjamin
Buckman, Nathan Wait, Edward Wade, John Dexter, jun. Rich-
ard Dexter and Jabez Wait, with their families, polls and eilates,
lying in the town of Maiden, and belonging to the north parilh
in the faid town, be, and are hereby fet off from the faid north
pariih, and annexed to the ibuth parifli in the faid Maiden, there
to enjoy parifli privileges and to pay pariih charges that may
arife within the fame.

[This Aa paffed July 5, 1787.]

WENDELL ERECTED. ^uly 6, An. 1787. 169

An ACT for changing the Niime of Tho7nas Greaves
RtiffeU, to Thomas Rujfell Greaves,

WHEREAS Thomas Greaves Rujfell, oi Bo/on ^ in the coun-
ty of Suffolky Gentleman, being the lineal defccndant
of the Honourable Thomas Greaves, late of Charlejlovjn^ Efq. de-
ceafed, and being delirous from reipeft to his memory to be
called by his furname :

Be it eiiaEled by the Senate and Houfe of Reprcfentattvesy in
General Court njpmbled, and by the authority of the fame. That
from and after the palling this Aft, the laid Thomas Greaves
RuJJell fhall be allowed to take the name of Thomas Rujfell
Greaves, and by that name, inftead of his prefent chriftian and
furname, to be called and known, and that to all legal purpofes,
the faid name of Thoinas Riiffell Greaves fhall be conlidered as
his own, proper and only name, and avail accordingly.
[This Aa paired July 6, 1787.]

An ACT in Addition to an A£l, entitled, " An AQ. for
ereding the northerly Part of the Town of Shutefou-
ry, and that Part of a Trad of Land called Ervlng-
jbire^ which lies on the fouth Side of Miller^ s- River,
into a feparate Town by the Name of Wendell.**

WHEREAS in and by the faid Aft for incorporating the PreamMe.
faid town of Wendell, it is enafted, *' That the inhab-
itants of the faid town of Wendell fhall pay their proportion of
all State, county and town charges, already granted to be raifed
In the town of Shutejhury ; and alfo their proportion of the pay
of the Reprefentative for the prefent year," but no provilion is
made in the faid incorporating Aft, to oblige the faid town of
Wendell, to pay their proportion of the debts due from the faid
town of Shutejhury, which were contrafted previous to the pafl^
ing the faid Aft of incorporation. And whereas there is no
provilion in the faid incorporating Aft, authorizing the faid
town of Shutejhury to affefs and coUeft the fums which are due
from the faid town of Shuteflury, which accrued as aforel'aid :

Be it therefore enacted by the Senate and Houfe of Reprejentatives,
in General Court ajfemhled, and by the authority of the fame. That
the AlTelTors and Colleftors of the faid town of Shuttjhury, be, inhabitants of
and they are hereby refpeftively authorized and empowered, to Wendell to pay
ailefs on, and to colleft from the rateable inhabitants and eftates '^^^"" P''*^''j^'""
of that part of the town of JFendelly ^hich were, previous to ^^^ from'^the
their being incorporated, a part of the faid town of Shulfhury, townof Shutef-
their full proportion of all liich fum or fums of money as were ^^n% ^^
due from the faid town of Shutejhury, previous to the palling the
aforefaid Aft of incorporation j and alfo their proportional part

Vol. L X of

I70 NATURALIZATION. Oclober 25, 29, An. 1787.

of all cofts and charges, which have arifen or may accrue in
conlequence of the faid debts ; the faid AffefTors and Collectors
obferving the rules prefcribed by law for the aflefling and col-
ledling of taxes.

[This Aa paffed Juhj 6, 17S7.]

JreamUs.

Enacting
elaufe.

An ACT in Addition to an Act, entitled, " An Ad de-
claring and confirming the Citizenfhip of yohn Gar^
diner, Efq. Barrifter at Law, Margaret Gardiner his
Wife, Ann Gardiner, 'John Syhejler "John Gardiner,
and William Garditier, their Children,*' paffed in the
Year of our Lord, One thoufand feven hundred and
eighty-four.
"^■^THEREAS it appears by fome mifprifion, that the name
^ V ^^ ^^^ ^'^^^ ^-^"^ Gardiner was not inferted in the enact-
ing part of the faid A6t :

Be it therefore enaEled by the Senate and Hoiife of Reprefentativesy
in General Court ajfernbledy and by the authority of the fame. That
the faid Ann Gardiner is hereby declared to be a free citizen of
the faid Comraonwealth of Maffachufetts, and is entitled to all
the privileges and benefits of the laid A£t, as fully to all intents
and purpofes, as if the name of the faid Ann Gardiner, had been
inferted in the enafting part of the fame.

[This Aa pafl'ed Odober 25, 1787.]

Preamble.

Enading
diauTe.

An i\.CT for naturalizing Bartholomy de Gregoire, Maria
Therefa de Gregoire, his Wife, and their Children.

WHEREAS Bartholomy de Gregoire, and JlTaria Therefa
his wife, have prelented a petition to this Court for
an Aa of naturalization of themfelves and of their children ;
and it appears reafonable that the prayer of their petition
fhould be (granted :

Sect, i . Be it therefore enaBed by the Senate and Houfe oj Rep^
rcfentatives, in General Court ajfembled, and by the authority of the
Jamc, That the faid Bartholomy de Gregoire, and Maria Therefa
de Gregoire his wife, be permitted to take and fubfcribe. the oath
of allegiance to this Commonwealth, before two Juftices of the
Peace, quorum units, of any county within the fame, and there-
upon and thereafter they and each of them, together with their
children, viz. Pierre de Gregoire, Nicholas de Gregoire, and Maria
de Gregoire, fhall be deemed, adjudged and taken to be citizens
of this Commonwealthjjifend entitled to all the liberties, rights
and privileges of natural born citizens.

Sect. 2. . And be it further enaEled by the authority aforefaidf
That the Juftices before whom the faid Bartholomy de Gregoire^
and Maria Therefa de Gregoire^ his wife, may take and fubfcribe

the

WORCESTER DIVIDED. November 13, An. 1787. 171

the oath aforefaid, fliall make return thereof to the Secretary
of this Commonwealth, who lliall record the lame in the book
ordered tp be kept for fuch purpofe.

[This Aa paired Oaober 29, 1787.]

An ACT for incorporating a number of the Inhabitants
of the Town of Worcejier, in the County of Worcejlevy
into a feparate Parifn.

WHEREAS a number of the inhabitants of the town of Preamble.
Worcejier^ belonging to the religious focicty, whereof
the Reverend Aaron Bancroft is paftor, have petitioned this •
Court to be incorporated, for the reafons exprefled in then-
petition, and it appearing to this Court reafonable that the prayer
be granted :

Sect, i . Be it therefore enacted by the Senate^ and Houfe of
Reprefentatives, in General Court ajfembledj and by the authority of
the fame, That Levi Lincoln., Timothy Paitie, David BigcloiVy
jfofeph Allen, Palmer Goulding, Benjamin I'^lagg, fohn Peirce,
fohn Stoivers, John Barnard, jfedediah Healy, IVilUam Tread-
•well, Abel Stowell, Phincas He'^iuood, Eli Chapin, Cornelius Stctu-
ell, Thaddeus Jld'Carty, Samuel Chandler, Abraham Lincoln, Samuel
Flagg, Ephraim Moiuer, John Stanton, Timothy Bigeloiu, Clark
Chandler, John Smith, Samuel Allen, Igiiatius Goulding, Daniel
Goulding, Edivard Bangs, Samuel Bridge, John Goodiuin, Jacob
Snow, Samuel Brazer, Nathan Heard, Nathaniel Paine, David
Bigeloiu, Nahum Wil/ard, Joel Hoiu, Oliver Peirce, Jofiah Peirce,
Ifaiah Thomas, Samuel Fullerton, John Walker, David Chadiuick,
Ellis Gray Blake, Micah Johnfon, Benjamin Andreivs, Lemuel
Rice, Charles Chandler, Andreiu Tufts, Daniel Clap, Benjamin
Green, Jofeph Torry, William Gates, Samuel Warden, Winthrop
Chandler, William Johnfon, William Jennfon, Anthony Paine,
'^ohn Paine, Elias Mann, Peter Stoivell, Thomas Stoivell, Benjamin
Butman, the petitioners, and members of the faid religious foci-
ety, together with their polls and eflates, be, and hereby are in- Incorporated
corporated into a parifli by the name of the Second Parilh in the ^"'^ mvefted
tOAvn of Worcefer, with all the privileges, powers and immunities ^' poweis.
which other pariflies in this Commomve:alth are entitled to by law.

Sect. 2. Be it enaclcd by the authority aforefaid. That any of Inhabitants zx.
the inhabitants of the faid town, fliall at all times hereafter have I'.berty to joi
full liberty to join themfelves with their families to either of the "^ ^^ P'lriU:.
pariflies in the faid town : Provided they fl:iall fignify in writing provifo.
under their hands to the clerk of the faid town, their determi-
nation of being confidered as belonging to the pariih to which
tliey may join themfelves as aforefaid.

Sect. 3. And be it further enaEled by the authority aforefaid.
That the members of each refpe<Stive pariih, and their families,
Ihall be deemed and conildcred as continuing members of their

refpedtiye

172 LONG-MEADOW, &c. November i6, An. 1787.

refpeftive parifhes, with their cftates, for the time being, until
they ihall llgnify their determination to the contrary, as above
exprefled.

Sect. 4. And be it further enacted by the authority aforejaidy

Levi Lincoln, That Levi Lincoln^ Efq. be, and hereby is authorized to iffue

lifq. to call a j^j^ warrant, directed to fome principal member of the faid

" parifli, requiring him to warn the members of the faid parifh,

quaUhcd to vote in parifli affairs, to aflemble at fome fuitable

time and place in the faid town, to choofe fuch officers as

pariflies are by law required to choofe in the m.onth of March

or April annually, and to tranfaft all matters and things necef-

fary to be done in the faid parifli,

[This A£t paiTed November 13, 1787.3

An ACT to annex a Gore of Land to the Town of

Long' Meadow.

T}E it enabled by the Senate and Hoiife of Reprefentatives^ in Gen-
•*~^ cral Court afembled^ and by the authority of the fame ^ That
the gore of land lying at the Ibuth-eafterly part of the town of
Long-MeadoTOj and adjoining the faid town, called the Gore,
cont'aining about four hundred acres, the faid land being and
lying north of what is called the Colony-line, and not included
in any town, together with tlie inhabitants thereof, be, and here-
by is annexed to the town of Lo?ig-Meadoiv ; and the faid in-
habitants fliall there do duty, and receive privileges, equal to
the other inhabitants of the faid town.

[This Aa paired November i6, 1 787.]

An ACT to unite the firfl and fecond Preempts in the

Town oiLeominJler^ in the County oiWorcefter, into

one Parifli.

Preamble. "^11 THERE AS it appears to the General Court, from the

\ Y reprefentations of the inhabitants of the faid precindls,

that it will be more convenient, and for the intereft of the faid

town, that the firfl: and fecond precincts in the laid town fliould

be united into one parifh :

Sect, i . Be it therefore enacted by the Senate and Houfe of Rep-
refcntatives^ in General Court ajfeivbied, and by the authority of the
Firftandfecondy^;//?^, That the firft and fecond precin6ls in the faid tov/n of
panih united. J^eominfler be united into one parifli, and all parifh lines in the
faid town of Leominfer are hereby declared void ; any law, ref-
olut ion or order to the contrary notwithflanding.
Provlfo. Sect. 2. Provided never thekfs^ That the inhabitants and

eftates of the faid precindls, rcfpe<5lively, be held to pay all
parifh taxes, already aiTeffed on them, and all parifli debts due
from them, in the> fcparate capacities, in the fame manner that
they would have been held if this A<St had not pafTed.
[This Aa pafTed November 16, 1787.]

NATURALIZATION, &c. November i6, An. 1787. 173

An ACT for naturalizing Alexander Moore, and others
herein named.

WHEREAS JkmfuIcT Moon-y Ifaac Smithy John Dcverelly. Preamble.
John Gregoryy David Poigwindy and Delicia his' wife,
and Abraham Baziny now irefidents in BoJlotJy and Benjamin Pick-
tnan, now Fefident in Salenjy Henry Smith with ElizaSeth his wife,
in behalf of themfelves and their children, alfo Kirk Bootty and
William Pratty now relident in Bojlony have petitioned the
General Court, that they may be naturalized, asd it appearing
reafonable that the prayer of the petitioners fliould be granted :

Sect* i. Be it therefore enacted by tJse Senate and Houfe of
Reprefentativesy in General Court ajfembledy and by the authority of
thefamey That Alexander Moorey merchant, Ifaac Smithy clerk, Alex. Moore
John Deverelly filverfmith, John Gregory y merchant, ^^"^'^ ^"Ji^edf' ""''
Poigtiandy merchant, and Delicia Poignandy his wife, Abraham,
Baziny merchant, Henry Smithy merchant, with Elizabeth Smith,
his wife, Henry Lloyd Smithy Elizabethy Catherinoy Rebecca and
Anna Smithy children of the faid Henryy now relident in Boflon,
Beiijamin Pickmany Efq. now relident in Saleniy in the Com-
monwealth of MaffachufettSy William Pratt and Kirk Bootty both
of London y in the Kingdom of Great-Britainy merchants, now-
refiding in the faid BoJlony Mary Bootty the wife of the faid
Kir\ Bootty and Frances the daughter of the laid Bootty upon,
their refpedtively taking the oath of allegiance to this Common-,
wealth, before two Juftices of the Peace, quorum unusy (they
being of age, or when they lliall come to be of age) fhall be
deemed, adjudged and taken to be free citizens of this Com-
monwealth, and entitled to all the privileges, liberties and
immunities of natural born fubjedts.

Sect. 2. Atid be it further enaEledy That the Juftices before
whom the perfons aforenamed may refpedtively take the oath
aforefaid, fhall return a certificate thereof into the Secretary's
office, to be recorded in a book ordered to be kept for that
purpofe.

[This A£l palTed November 16, 1787.]

An ACT to enable Jeduihun Richardfon to turn the ■

Water in Richardfon' s River (fo called) in Woburn,
m the County of Middlefex.

WHEREAS Jeduthun Richardfony of Woburny has petition- Preamble,
ed the General Court for leave to turn the water which
runs in Richardfon^ s River (fo called) in the town of Woburny
out of the natural channel, for the purpofe of carrying it to a
corn-mill, which he is about to move from the place where it
now ftands, and build in a place more convenient for public ufe ;
and whereas Jonc.ihcn Richavdfjiy and Rebecca Richardf?i, the

only

174 ESSEX BRIDGE. November 17, An. 1787.

only proprietors of lands adjoining to the fald river tvhere the
Waters thereof are propofed to be turned, (other than the lands
owned by the faid Jedtithun) have by writing under their hands
and feals certified their confent to turning the faid water agree-
ably to the prayer of the faid petition ; and this Court being
fatisfied as to the utility thereof :

Sect, i . Beit therefore enabled by the Seriate and Houfe of Rep-
refentaiives, in General Court affembled, and by the authority of the
fame^ That the faid Jeduthun Richardfon, be, and he hereby is
permitted and empowered to turn- the waters of the faid river
out of the natural channel, by cutting a canal through his own
land, which' lays eaftward of the faid fofiathan Richardfon* %
land, thence fouth-wefterly by the northwardly fide of the faid
Jonathan Richardfon^ and the faid Rebecca Richardfon's land,
crofllng the road or highway, about twenty poles north-eaft-
wardly from the faid Jeduthun^s corn-mill, where it now ftands,
fo on, through the faid Jeduthiai's own land, to the place where
he propofes to build the faid corn-mill, and from thence by
the moft dire(5l courfe into the natural channel of the faid
river, agreeably to a plan exhibited with the faid petition,
taken by Samuel Thowpfon^ furveyor, dated Oftober, 1787 ; and
to ufe and improve the faid waters forever, in the fame manner
as though the original channel had run in the fame place where
the faid canal is propofed to be cut, without being liable to
any profecution for trefpafs or damage, for turning the faid
waters or ufing the fame as aforefaid ; any law to the contrary
notwithftanding.
Pfovifo, Sect. 2. Provided tteverthelefs, and be it further enaSled^'^Th.^t

the faid canal fhall be fo conftrufted as to fupply the faid
natural channel with water at all times, fufficient for the pur-
pofe of watering cattle.

[This Aft paffed November 1 5, 1787.]

Additional Aft, ^^ ACT for incorporating certain Perfons for the Par-
june 29, 179 . ^^^^ ^^ building a Bridge over the River between 5^-
lefii and Beverly, and for fupporting the fame.

Preamble. "^"JT THERE AS the erefting a bridge over the river betM'een
^ V Salem and Beverly, from the ferry-ways on Salem fide
to fome place on Beverly fide, between the extremes of Greei^s-
Point^ and Ellmivood* s-Wharf (fo called) will be of great public
utility, and very beneficial to the county of EJfext in particular ;
and George Caboty Efq. and others, have petitioned this Court for
an Adt of incorporation, to empower them to build the faid
bridge, and many perfons, under the expctftation of fuch an
A6t, have fubfcribed to a fund for the purpofe of ercdling and
completing the fame :

Sect.

ESSEX BRIDGE. November 17, Ad. 1787. 175

• Sect, i . Be it therefore enaBed by the Senate and Houfe of Rep'
refeniativesy in General Court ajfembled^ and by the authority of .the
fame,. That George Cabot, Elq. John Cabot, John Fijh, Ifrael Proprietors in-
Thorndike, and Jofeph White, be, and hereby "are conitituted a ^^'/""Jjjjj^ *
corporation for building a bridge as aforefaid, fo long as they
ihall continue to be proprietors, in the fund to be raifed for that
purpofe, together with all thofe who are, or Ihall hereafter be-
come proprietors to the faid fund, fliall be a corporation and
body politic, under the name of the Proprietors oiEJfex Bridge,
and by that name may fue and profecute, and be fued and pro-
fecuted to final judgment and execution, and to do and fufFer
all other matters and things, which bodies politic may or ought
to do and fuffer, and that the faid corporation fhall and may
have full power and authority to make, have and ufe a common
feal, and the fame to break and alter at pleafure.

Sect. 2. And be it further enaElcd by the authority aforefaidy
That the faid George Cabot, Efq. John Cabot, John Fijk, Ifrael Proprietors ■-
Thorndike, and Jofeph White, or any three of them, may by ad- '^'^y . <=^11 *
vertifement, in any two of the news-papers, call a meeting of '^^^^"'S'
the faid proprietors, to be holden at any fuitable time and pl^ce,
after fifteen days from the publication of the faid advertifement,
and the faid proprietors, by a vote of the majority of thofe pref^
ent, or reprefented at the faid meeting (accounting and allowing
a vote to each fingle (hare in all cafes) fhall choofe a Clerk, who
ihall be duly fworn to the faithful difcharge of his office ; and
alfo fhall agree on a method for calling future meetings ; and

at the fame or any fubfequent meeting, may make and eflabliili maymafee

any rules and regulations, that fliall be necefTary or convenient and eftablifh
for regulating the faid corporation, for effecting, completing and 5"l^* ^"'^ ^^'^'
executing the purpofes aforefaid, or for colledling the toll here-
after granted, and the fame rules and regulations may caufe to
be kept and executed, or for the breach thereof may order and
enjoin fines and penalties, not exceedingy»;/r pounds ; provided Provlfo.
the rules and regulations are not repugnant to the laws or con-
flitution of this Commonwealth : And the faid proprietors may
alfo choofe and appoint any other officer or officers of the cor-
poration, that they may deem neceilary ; and all reprefentations
at the faid meeting fliall be proved in writing, figned by the
pei-fon making the fame, by fpecial appointment, which fliall be
filed with, or recorded by the Clerk ; and this Adl, and all rules,
regulations and votes of the faid corporation, fliall be fairly and
trtly recorded by the faid Clerk, in a book or books for that
purpofe provided and kept.

Sect. 3. And be it further enaBed by the authority aforefaid.
That for the purpofe of reimburfing the faid proprietors the Toll granted,
monies by them expended, or to be expended in building and
fupporting the faid bridge, a toll be, and is hereby granted and
eftablilhed for tlje fole benefit of the faid proprietors, according

176 ESSEX BRIDGE. November 17, An. 17B7.

Rates of toll, to the rates following, to ivity For each foot paffenger, 07ie fiftieth
part of a dollar r For each perfon and horfe, one twentieth part cf
a dollar : For each horfe and chaife, for each fulkey, or for each
fley, drawn by' one or more horfes, one eighth of a dollar: For
each coach, chariot, waggon or curricle, one fourth of a dollar:
For each cart, waggon, fled or fley, or other carriage of burden,
drawn by one or more beafts, one tenth of a dollar : For each
wheel-barrow, hand-cart, or other vehicle, capable of carrying
a like weight, with one perfon, three hundredths of a dollar : For
neat cattle, and horfes, exclufive of thofe rode, or in carriages,
three hundredths of a dollar each : For fl:ieep and fwine, at the
rate of one twelfth of a dollar for each dozen. And toll on
Lord's days fhall be double the above rates j and to each team
one perfon and no more, fhall be allowed as a driver, to pafs free
of toll. And at all times when the toll-gatherer fhall not at-
tend his duty, the gate or gates fhall be left open. And the
Wfwm w Com- faid toll fhall commence on the day of the firft opening of the
mencc, and f^j^^ bridge for pafTengers, and lliall continue for and during the
continue. term of feventy years, at the end of which time the faid bridge

fhall be delivered up in good repair, to and for the ufe of this
government.

Sect. 4. Afid be it further enaBed by the authority aforefaid^
Bridge,--. how That the faid bridge fliall be well built, at leafl thirty-two feet
to be built. wide, of good and fuitable materials, and be well covered with
plank or timber, on the top, fuitable for fuch a bridge, with
fufHcient rails on each fide, boarded eighteen inches from the
bottom, for the fafety of pafTengers ; and the fame fhall be kept
in good, (ijfe and pafTable repair for the term aforefaid ; and at
the end of the faid term, the faid bridge Ihall be left in like

to be ac- repair. And the laid proprietors fhall conflantly keep the faid

conimodated bridge accommodated with at leafl twelve good lamps, four of
Iam\ &r^^^^ which fliall be at the draw, and kept burning through the night ;
and all the faid lamps fliall be well fupplied with oil, and light-
ed in due feafon, and thofe not at the draw, kept burning till
twelve of the clock at night. And alio at the feveral places
where the toll fhall be received, they fhall ere£l and conflantly
expofe to open view, a fign or board with the rates of toll of all
the tollable articles, fairly and legibly written thereon, in large
or capital letters.

And whereas it is always deferving of the attention of gov-
ernment in accommodating the public, and in promoting under-i
takings of public utility, to guard as much as poflible againft in-
conveniencies to any individuals ; therefore, for rendering the
faid bridge as little inconvenient as poffible to the navigation
of the faid river, and for faciUtating the pafling and repafhng of
vefTels through the faid bridge :
A convenient Sect. 5. Be it further enaBed by the authority aforefaidy^hzt
draworpaflage the foid proprietors fhall build, and during the faid term keep a
way to be built. convenient

1E3SEX BRIDGE. - AW.^;«3^r 17, An. 1787. 177

convenient and fiiflicient draw, or pafTage way, at leaft thirty

feet wide, at fonie place in the laid bridge, proper for the pafl-

ing and repailing of vexTels by day and by night, throu2;h the

faid bridge ; and Ihall aifo build and maintain in good repair,

a well conilructed and fubftantial pier, or wharf, on each lide

of the faid bridge, and adjoining to. the draw every way, fiif-

ficient for veirels to lie at, fecurely ; and the faid draw fliall be

lifted for all ihips and veflcls, without tc'l or pay, except for

boats pailing for pieailire ; and all faips and veiTels intending Draw {hall he

'to pafs the iaid draw, ihall lie free of charge, at the wharf or I'fted without

pier, until a f.;itable tiinc ihall o5'cr for paffing the Cune ; and ^ol^ o^ pay, &c.

the faid proprietors ihall, during the fdd term, conftantly keep

at the faid draAv, fome fuitable perfon or perlbns, for lifting up

the fame, for the paillrig and repafling of all Ihips and veiTels,

vv'ith mails that Ihall not admit of a iafc palTage under the draw ;

and alio an anchor placed in the bed of the river, at a propex*

iliftance above the draw, with a hau'fcr of luitable iize and

ilrength extending through the draw to another anchor v>laced

at a ilmilar diitance below the faid draw, which hawler fhall

always have the bight or middle part lodged at the draw ready

for ufe, to all velTeb paffing the draw either way ; and they

Ihall alfo conilantly keep at the faid draw, a good IvawTer or rope

not iefs than three inches in circumference, of fuflicient length

to extend from the extremity of the wharf cr pier on one iide

of the bridge, to the extremity of the wharf or pier on the other.

Sect. 6. ^fid be it further enaaed by the aitthorlt-^ afortfaidy
That after the faid toll fliall commence, the faid proprietors or Compenfation
corporation ihall annually pay to the Trealurer of the town of to be made co
Stdmi, or his i'ucceiror in the faid oflice, the fimi oifert^ poimds '^^^ '°^^'"'* °^
lawful money, as a full compenfation for the ferry-ways lately Dauv^ers.
erecled by the faid town, tiio materials compoiing the fame, and
the emoluments ariiing from the laid ferry j and to the Trea-
furer of the town of Danvcrs^ in the laid county, cr his fuc-
ceiTor, the fuui oi ten pounds, lawful money, annual! v.

Sfxt. 7. A?id be it further eiracfed. That if the laid proprie-
tors fliall refufe or negiedl, for the foace of four years after the
paffing of this Acl, to build and compleat the izvi bridge, then
this A(ft to be void, and of no effecft.

[This A6t paiTed November 17, I 787.]

An ACT to incorporate certain Perlbn.s by the Name
of the Society, for propagating the Gofpel among
the Indians and others, in North- America,

WHEREAS divers perfons have petitioned, this Court for Preamble,
an Act of incorporation, whereby they may be the
better enabled to carry into efFedt their deiign of propagating ■
the gofpel among the Indians and others in North-America,
Voj.. I. Y and

178 SOCIETY FOR PROPAGATING

and It is reafonable th^t the prayer of the faid petition jfliould
be granted : therefore, to promote and encourage the fame,

Sect, i . He it enabled by the Senate and Hoiife of Rcpj'efenta-
tiveSy in General Cciirt ajjembledy and by the authority of the fame^
Scof erated "* '^'^^^' -^ ''>'-'«'■'/ Cranch of Ikaintree, Efq. Rev. John Clarh, of
^ ' Bofton, Fraticis Dnna^ of Cambridge, Efq. R.cv. Jcfcph Eckley
:\\\i\ John Elicty of Bcilon, Rev. Nathanael EinmofiSy of Frank-
lin, Rev. Levi Frijhie^ of Ipfvvich, Mofes Gillj of Princeton, and
IVilliain Hyjlop^ of Brookline, Efq'rs. Rev. Timoth-^ HUliard^ of
Cambpdge, Jonathan Mafon^ of Boflon, Efq. Rev. Phillips Pay-
fon, of Chelfea, Rev. Eliphalet Porter^ and hicreffc Sumner ^ Efq.
of Roxburv, Ehcnezer Storery Efq. Rev. Pder Thacher and
Oliver Wenddly Efq. of Bo/lon, Rev. Jofeph Willard and Ed-
ward JVigglefwo]-ik, and Samuel Wiliianis, Doftor of Laws, of
Cambridge, and the Rev. Ehcnezer W'lght, of Bofcon, be, with
Inch others as they fliall eleft, ai:d they hereby are incorpo-
rated and made a body politic, for the purpofe aforefaid, bv
the name of 2he Sjciety for propagating the Gofpel among the
Indiansy and others^ in North-America ; and the Society afore-
Socicty to have ^^-id ihail have perpetual fuccellion, and may have a common
perpetual luc- leal, which it fhall be hv/ful for them to change, break, alter
cellion. j^j^j make new at pleafure, and may purchafe and hold in fuc-

cellion, lands, tenem.ents, and real eftate of any kind, the annual
income and proiits whereof not to exceed the value of two thou-
EnMedto take fjnd por/iids. And the faid Society is hereby enabled to take and
andnccivefub- receive fubil'viptions, of cliaritably difpofed perfons, and may
cnptions. ^.^i^g ,^j^y, p(^.i-rQjjpj eftate in fucceirion j and all donations to the
Society, either by fubfcriptions, legacy or otherwife, excepting
fuch as may be differently appropriated by the donors, fhall
m.ake a part of, or be put into the capital Hock of the Society,
which fliall be put out on intcrcft, on good fccurity, or otherwife
improved to ihe beft advantage, and the income or profits ap-
plied to the purpofes of proj^agating the gofpel among the faid
Indians, in fuch manner as they iliall judge raoft conducive to
anf.ver the dellgn of their inftitution •, and alfo among otlier
people, who tiirough poverty or other circumftances, are dcfti-
tute of tlie means of religious inftruftion : And the faid Society
is hereby empowered to give fuch inftruftions, orders and en-
couragements to their officers, and thofe they ihall employ, as
Perfons cm- they Ihall judge nocelTary ; and the perlbns employed as teachers
vloyed as '^ ^^y capacity, Jhall be men of the proteftant religion, of re-
oT'the'^protell- P"'-^^*^ pietv, loyalty, prudence, knowledge and literature, and
ant religion, of otiier Chriftian and necell'ary qualilications fuited to their
refpe^tive ftations.

Sect. 2. And be it further enabled by the authority aforefaid y
Time and place That thc faid Society Uiall meet at fome convenient place in
for holding the j-j^g ^^^jj ^f Boflony on the Hrft Thurfday of December next, and
firft meeting, ^^^^ ^,.^^.^^ ^ rrefidcnt, Vice-Prcfident, Treafurer and Secre-

tai-y.

THE GOSPEL. November 19, An. J7S7. 179

tary, and fuch otlier officers as they (Ixall judge proper, and
may make bye-laws and orders for the regulation of the faid
Society ; provided fuch bye-laws and orders be not repugnant
to the laws of the land, and acl upon all mattci s which they
apprehend needful, to promote the end of their inftitution : and
the officers fo chofen fhall continue in their office, until the
Thurfday next fucceeding the lafl Vv'ednefday of May next fol-
lowing the time of their appointment.

Sect. 3. And be it further etmctedy That there fhall be a Time of hold-
general meeting of the members of the faid Society, at BoQon ing general
aforefaid, or in any other place within this Commonwealth, "^^^'^'"gs*
(anlefs fome extraordinary occurrence prevent the fame) en
the Thurfday aforcfaid in May^ and firfi: 'i'hurfday of Novemhcry
yearly, forever, and oftener if needful, when and where the faid
Society fhall think iit ; and any feven of the members (the Prefi-
dent, Vice-Prelident, Treafurcr, or Secretary always to be one)
being convened at the faid times and places, are hereby declared
to be a quorum of the faid general meeting ; and the faid Soci-
ety, at their general meeting in Moy, in every year (and in cafe
of any extraordinary occurrence preventing their -meeting, then
at their next general meeting after) IhaU, out of their own body,
by a majority of the members prefent, eleft a Prelident, Vice-
Prefident, Treafurer and Secretary, and fuch other officers as
they fliall find needful, to continue in office until the May
meeting next follovi'ing their appointment, or until others be
chofen to fuccced them; and all the officers aforefaid, before officers fbaUbc
they fliall be qualified to aft, fliail be under oath, for the faith- under oath,
ful performance of their refpeclive trufls ; and the faid Society,
at their firft, or any other flated meeting, (and at no other)
may eleft into their body, fuch perfons as they fliall judge quali-
fied to affift them in their good delign ; provided the whole
number of the faid Society fliall at no time exceed fifty mem-
bers j and may appoint committees, to profecute the orders of
any general meeting, audit the Troafurer's accounts, and pre-
pare matters for the Society to acl upon ; and fuch committees
fhall exhibit an account of their proceedings, at the general
meetings of the faid Society.

SrcT. 4. And be it evaSledf That the Society aforefaid, by Society declar-
the name aforefaid, fhall be, and is hereby declared to be capa- ^^ capable of
ble to profecute, purfue, and defend, in all Courts, and places, r*"" ""'"^S ^c-
avid before all proper Judges whatfocver, all aftions, caufes,
procefTes and plea?, of what kind or nature foever, in the fulleft
and ampleft manner ; and if it lliall happen that the fLiid Soci-
ety fhall become feized of lands, or tenements by mortgage,
as fecurity for the payment of any debts, or by levying execu-
tions on lands for difcharge of debts, due to the faid Society, it
lliall be lawful for the f^id Society, by deed under the hand and
feal of their Preiident, for the time being, to fell and convey the

lands

iSo ALE WIVES. March i, An. 178S.

lands -acquired In either of the tvao mentioned w?.ys ; provided

that no ftich fale {liall be made, or concluded on, bui; at I'cnie

general ftated meeting.

Society may Sect. 5. And be rt further enaB id ^ That the faid Society be,

remove any of ^nd hereby is empowered, upon the death of their Frefident,

tieiro ceis. Vice-rrefident, Treafurer, Secret'ciry, or any other oincer, to

choofe others at any ftated general mcetirig, to fuccced t'lem ;

and may alfo remove any of their otucers, when they fhall judge

expedient, and appoint others to Ihcceed them therein. Pro-'

Provjfo. indid ahuays, That no member fhall be removed, or ofhcer

difplaced, unlefa at one of th.e flaied general meetings as

aforefaid.

And to the end, that the members of the faid Society, and

all contributcrs to the faid defign, may know the uate of the

Society's ftock, and the difpolitions of the profits thereof, and

of all the donations m^ade to the laid Society :

Mcovrxt of Sect. 6. j?^ ?V j^/r/Z'*?;' £'/7/?"d'a'. That a particular account of

(lock, &c. fhall f^ch ftock and difpofition, fliali be exhibited by the Treafurer,

be exhibited at. j^j i /• i*i l...i,r

every ceneral every Icated general meeting ; v/lnch accounts, the secretary,

meetiii"-. or a committee of the faid Society, (having examined the fame)

fiiall certify to be true ; and fair entries fliall be made, in proper

books, to be pi*ovided for that purpofe, of all donations made

to the laid Society, and of all the ellate, both real and perfonal,

belonging to the Society, and of the incomes thereof, and alfo

of all tranfa(n:ions, ,cither by themifeives, or their officers, or

committees, for, cr on account of the Society ; and the faid

becks fliall be brought to the fiated general meetings of the

Society, and be there open for the peruial and examination of

the members.

Mofes Gill, Sect. 7. And it is further enabled. That Alofes Gill, Efq. be,

Pfi}. to call the ^j^^ ^-.g ^gj-eby is authorized, by public notification, in Nowfe

n let mg. ^^^ Adamj^s inciependent Chronicle, to call the iirii meeting of

the faid. Society^ at luch time and place, in the town of Boflon^

as he ihall judge proper.

[This Act palTed No-veinler 19, I 7 87.]

Additional An ACT for the Prefervatiou cf the Fifh called Ale-
Adis, June 15, vvives in Mattapo/fet-River.in Roche fter^ in the Coun-

1789, Inb. 23, V J' ' J 7

' i79i,ardFeb. ty of Plymouth^ and for the regulatijig the taking the
16, 1803. f^5(j Y\^\ in the faid River.

Preamble. "^"^ THERE AS the law which was heretofore made for the

V V prefervntion of the flm called A.lewives, in Mattapoifct-

River, in the town of Rochefler^ and for regulating the taking

- the laid fifh, in the faid river, has been found infufiicient to

anfwcr the faid purpefes.

Sect, i . Be it cnoacd by the Senate and Houfe of Reprefenta-
tiveSf in General Court cjfembled^ and by the authority cf the fonie^

Ihat

ALEWIVES. March t, An. 1788. 181

That the owner or owners of e;ich and every mill-dam, on the sluice-ways to

faid river^ fliall make, provide and continue a fluice-way of ^«^ made, &c.

three feet wide, and eight inches deep, for the laid ijfli to pafs

their refpeftivc dams, as low as the Selectmen of the faid Roch-

ejler fliall judge convenient for the faid fifli to pafs in. And

the Seleflmen of the faid X.o\m of Rochejler^ are hereby author- Sluice-ways,

i2ed on the fecond Monday of /Ipvil annually, to open the faid '^v^en to be

fluice-ways, which when opened by them, fhall remain open "^^'"'^ ' ^'

until the twentieth day of May annually j and the owner or

owners of any dam on the faid river, who fliall regleft or re-

fufe to make, provide and continue a fluice-v/ay as aforefaid, or

that after fach fluice-way is opened as aforefaid, fhall fliut or

obflruft the fame during the term the faid fluice-* ay is to be

kept open as aforefaid, fhall forfeit and pay the fum oi forty

pounds for each offence.

Sect. 2. And he it further enaEled^ That the faid town of Town of Ro-
Roche/ler, at their annual meeting for the choice of town officers chefter to
in the months of March or April annually, ■;i3i:e hereby author- '^^^^^ 'aiiimaUv'
ized to choofe a Conjmittee conliiling of not more than twelve,
nor lefs than two fuitable difcreet perlbns, for vifpeciors of the
faid river, whofe duty it fhall be, within four days after their Their duty,
appointment, to pofl up in four public places in the faid town
neareft the laid river, a notification under their hands or the
major part of them, pointing out the times when, and places
w*here the fr.id fJli may be taken in the faid river ; and if any
perlbn fliall pull down or deface f uch notitication, he or flie fliall
for each offence forfeit and pay ten f idlings \ ar.d if inch Com-
mittee fliall negleft or refufe to poft up Inch notification within
the iaid term of four days, fuch Committee fliall forfeit and pay
ten fJnUings \ and any perfcn who fhall prefume to take any of
the faid fifh in the laid river, e:xcept at the tiroes and places
appointed by the faid Committee as aforefaid, fhall forfeit and
pay three pounds for each oftence.

Sect. 3. And he it further enaBed^ That if any perfon or Forfeitures for
peribns, fbail make any wears, or any other obflru^lion, to liin- making oh-
der the paffage cf the faid fifh up the fiiid river, each perfon fo ^''^I'^'^ioiis.
ofiending fliall forfeit and pay the fiuii oifive pounds ; and any
perlbn, who fhall take or catch any of the faid filli in the faid
river, with any other inl^rument than a dip-net, fhall forfeit
and pay four pounds for esch offence.

Sect. 4. And be it further enaEieiU That if any perfon fliall Penalty, if any
fet or draw any ieine, drag-net or nianli-net, in the laid river, perlon fhall fct
or within the following bounds cf the harbour adjoir.ing it, %n-z. ^"^ ' *
beginning at the fouthweftwardly end of the ifiand, owned by
the Rev. Mr. La Barren, and from tb.ence to the mouth of the
creek which runs out of Barlonu^s Pondj (lb called) from and after
the tenth day of Aprils to the twentieth day of May annually,
each perfon fo ofiendii:g ftiiill forfeit and pay ten pomids.

Sect.

i82 TWO-MILE ANNEXED, &c. March lo, An. lySS.

Forfeitures Sect. 5. Aud be it further enaclcd^ That a1! the forfeitures

how recovered, mentioned in this A£t, iliall accrue to the faid town of Rgchejler,
to be recovered by the Treafurer of the faid town in an a£Uon
of debt in any Court proper to try the iame, and no perfon Ihall
be confidered as difqualiik-d from giving evidence in any fuch
a£tion on account of his hving in or being an inhabitant of the
faid town of Rochcjler.

Sect. 6. And be it further enciElcd^ That the agreement made
nnd entered into, between the faid town of Rochefler^ and the
OA^-ners of the lower dam, on the faid river, with regai-d to the
premifes, Ihall be good and valid in law.

[This Ki\ paffed March i, 1788.]

An ACT for annexing that Part of the Town of Scit-
iiate^ commonly called the Two-Mile^ to the Town
of Marfhfield,

Preamble. "^'^TlIliRE.AS it appears to this Court convenient and rea-
\'Y fonable, that the faid Two-Mile fliould be fet off froni
the town of Srituate, and annexed to the tov.n of Marfnfield :

Sect, i . Be it therefore ena52ed by the Senate and Houfe of Rep-
refefitativeSy in General Court ajfembledy and by the authority of the

lonndarics. fanie^ That the territory belonging to the town of Scituate^ com-
monly called the Tivo-jMile, bounded weftwardly by the North-
River, (fo called) fouthwardly by the town of Pembroke^ and
northwardly and eaftwardly by the town of Marfhfield-, together
with the inhabitants thereon, be, and they are hereby feparated
from the faid town of ScituatCy and annexed to the town of
Marflficld ; and fhall forever hereafter be confidered as a part

ProTJfo. of, and belonging to the faid town of MarfJjfield : Provided,

that the inhabitants of the faid Tivo-Mile be ftill held obliged to
pay their proportion of all the taxes which have been already
laid on the town of Scituaie ; that the inhabitants of the faid
Two-Mile fliall be fclU held obliged to pay their rateable pro-
portion of all debts due from the faid town of Scituaie to indi-
viduals, and which were contracted previoufly to the thirty-firft
day of January, in the year of our Lord, one thoufand fcven
hundred and eightv-feven, in the fame manner as if they had
not been fet off from the town of Scituaie, in cafe the fame Ihall
be apportioned by tb.e ArrcfTors of the town of Scituate, on the
polls and eftates of the faid territory called the Two-Mile, ac-
cording to law, Avithin two years after the palling of this Acl,
and that the faid inhabitants be exempted from paying any part
of the debts contrnfted by the town of Marfl.feld, previoufly
to the pailing cf this A£t : Provided alio, that the inhabitants of
the faid Two-Mile relinqiilfn all tlieir right, title and interest in
and to the common lands, of the town of Scituate ,- and that
the faid inhabitants fhall not be included or charged in any
future tax, for maintaining the poor of the town of Scituaie.

Sect.

SHAD and ALEWIVES. March lo, An. 1788. 183

Sect. 2. And be it further enaBcd by the authority nforefaid.
That in all future taxes granted by this Commonwealth, and Future urn,
.\ffi^edL on the preient valuation, th.e him of f.ve Jhillings and •^<^w affefled.
fix pence i oi\ Qzch. thoiif and pounds, be taken from the town of
Scitucttey and added to tlie town of Murfhfeld.

[This Aa pafied March lo, 1788.]

An ACT to prevent the deftrudlon of Fi/h called Shad Repealed as t»
and Alewives, in Ten and Three^MUes-Rivers^m\X\Q'^^f;^-^ll^^^^
County of Bnyiol. 1791.

'HERE AS it is necefliiry for the prefervation of the lifli Preamble.
called Alewives, in their pafTage up the rivers, called
nd known by the names of Ten-Mile and Threc-Mi/e~River, in
the county of Brifol, that forae further provifion fhould be made
for the faid purpofe :

Sect, i . Be it therefr; enacted by the Benatc and Houfe ofRep-
refentctives, in General Court ajfnibledy and by the authority of the
faniCy That the feveral towns through wliich the faid Ten and Towns t»
Three- Alile-Rl-vers run, flaall be, and they hereby are empov/er- '^''oo^e a corn-
ed and directed, in the month of March or April annually, to |y| ^^ ^"'^"^ "
choofe three or more perfons in each town rei'petSiively, being
freeholders within the fame, as a Committee, who fhall take an
oath to the faithful difcharge of his or their duty, and the faid
Committee or the major part of them fhall have power to caufe Their power,
the natural courfe of the faid ftreams through which the faid
iiih pafs, to be kept open, and without obftru£lion, and to re-
move all fuch obdruciions as may be found therein, and to maice
the palTage-ways wider or deeper, if they Ihall find it neceflary \
and the Committee, or a major part of Jiem, fliall have author-
ity for fuch purpcfes, to go on the land of any perfon, through
which the faid Ten -AnfXThree-MiU-Rivers run, without being con-
fideredas a trefpallbr or trefpaffors ; and any perfon, who fhall mo-
lefl: or hinder the faid Committee or either of them in the execu-
tion of the bufmefs of his or their office, or who fhall obfbruct
any paiTage-way in the faid rivers, otherwife than may be allowed
by the faid Committee, he or they fliall forfeit and pay a fine •
not exceeding the lum of fftten pounds^ nor lefs th-AVifve pounds.

Sect. 2 . And be it further enaEtedy That the faid Commit- Empovrcrcd t*
tee, or the major part of them, at any meeting by them duly ^'pen any dam
notified, fliall be, and hereby are authorized and empowered to *''" ^^"^e-ways,
open any dam or Huice-way of any mill erefted, or that may be
erefted on, over or acrofs the faid rivers, at the expenfe of the
owner or owners 0/ fuch dam, provided fuch owner or owners ProT*jf».
fhall negledt to open the fame, when they are required by the
faid Committee, and the faid dam or dams, or fiuice-way or
ways, fo opened, Ihall continue open to fuch depth and width,
and for- fuch length of time betwixt the firft day of Aprily and

i84 PORTLAND DIVIDED. March 17, An. 1788.

laft day of May annually, as the major pai't of the faid Corn-
Penalty for ob- mittee fliall judge necefTai-y ; and in cafe any perfon or perfons
ftruduis paf- {\y^\\ be found to obftruch the pafl^ige-ways allowed or ordered
dge-vvays. ^^ ^^ ^^^.^ Committee in any dam or iluice, fuch perfon or per-
fons fo offending, {hall forfeit and pay a fine, not exceeding the
fum of ten pounds, nor lefs t\\7iTiJive pounds.
Penalties, ho\v Sect. 3. And be it further enalied. That all penalties in-
recovered, &.C. curred by a breach of this Aft, may be fued for and recovered in
any Court in the county of Br'ijlol, proper to try the fame, and
all fums fo recovered or forfeited by a breach of this Adt, fl:iall
be appropriated, one moiety thereof to the profecutor or profe-
cutors, and the other moiety thereof to the ufe of the poor in
fuch tOAvn where the offence is coniinitted j and no perfon, by
reafon of his being one of the faid Commitree, or an inhabitant
of either of the faid towns, fhall thereby be difqualified from
being a witnefs in any profecution for a breach of this Act.
[This Act pafied March 10, 17 88.]

An ACT for incorporating a Number of the Inhabitants
of the Town of Portland ., in the County of Cumber-
land., into a diflinft and feparate Religious Society.

Preamble. "^"^yHEREAS a number of the inhabitants of the town of
^ y Portland, belonging to the parifli or religious fociety,
whereof the Rev. Thana! Smith, and Samuel Dean, are paftors,
have petitioned this Court to be incorporated, for the reafons
exprefied in their petition, and it appearing to this Court rea-
fonable that the prayer thereof llioul J be granted :

Sect, i . Be it therefore enaEfed by the Senate and Houfe of R.ep^
refentatives, in General Court ajfembled, and by the authority of the
inJiabitants 'm-fame, That Jofeph McLellan, Thomas Sandfcrd, John Fox, J'^fpb
corporated. Ingraham, John Bagley, John Thrafjer, Ahner Loivell, Jofiua
Robinfon, Abner Bagley, Enoch Moody, Abraham Stevens, George
U^arren, Abijah Poole, John Dole, Nathaniel Alorfe, George Lo-w-
ther, Thomas Cammet, Hugh McLellan, Daniel Tucier, WiHiam
Moody, Stephen Tuckey, Apollos Cufjing, Samuel Goodwin, fames
• Jeweit, FAiphalet Morfe,]\m. Daniel Cobb, Alexander Barr, 'ihomas
)Veb/ier, Thomas Hopkins, John Scott, Benjamin Aloody, Charles
Ploffach, Lemuel Weeks, Eliphalet Dean, J Jin Emmons, Enoch
Morfe, TFilliam McLellan, Ronvland Davis, James Dcering,
Henry Dinfdale, Mofes Brazier, James Jordan, Jofah Tucker,
Fraiicis Chafe, Abraham Beenian, Samuel Hodgkins, Jofeph
McLellan, jun. IFilliam Bond, Stephen Thomas^ Wymond Brad-
bury, Daniel Muffcy, John Baker, Caleb Afpifiwall, William
Jenks, Jofeph Jewett, Jonathan Swett, Wiliiam Brown, John
Lowell, and Afa Phimmer, the petitioner.:, and members of the
faid religious fociety, together with their polls and ellates, be,
and hereby are incorporated into a religious fociety, by the

name

NEW-SALEM DIVIDED. March i8. An. 1788. 185

name of the Second Parifh in the town of Portland^ with all the
privileges, powers and immunities which any parifli in this
Commonwealth is entitled to by law.

Sect. 2. Provided neveribclcfs , That the faid fecond fociety Provifo.
fliall pay to the Rev. Thomas Smith, one quarter part of the fum
that the Firll: Parifh iliall vote annually for his fupport, and the
faid Second Parifh is hereby directed and authorized to aflefs
and raifL" the fame, in llich way as they may hereafter fee fit ;
and the falil Firft Parifli is hereby dilcharged from afleffing or
paying of the fiid quarter part of the fum that they fhall h
vote : Provided alfo, That the laid Second Parifh fhall pay their
full proportion of arrearages heretofore afTefTed by the faid Firfl
Parilh, and alfo quit their right to the parifli property, referving
however to themfelves their pews in the meeting-houfe of the
Firft Parifh.

Sect. 3. ^4 nd he ii further enacfed by the authority aforefaidf
That Daniel Davis, Efq. be, and hereby is authorized to ifllie Daniel Davis,
his warrant, directed to fome principal member of the faid foci- ^^1- }^ <^»11 *
ety, requiring him to warn the members of the faid fociety, ^^^^""S-
qualified to vote in parifh affairs, to alTemble at Ibme fuitable
time and place in the faid town, to choofe fuch parifh ofHcers
as are by law required to be chofen, in the months of Mat-ch
or Jlpril annually, and to tranfact all matters and things necef-
fary to be done in the faid ibciety.

[This x\a pafTed March 17, 1788.]

An ACT for incorporating a Congregational Society in
the Town of Ne-uu-Salem, and for repealing an Act
heretofore made for that Purpofe.'

WHEREAS an A61 paHed in the year of our Lord one Preamble,
thoufand ^e\e.n hundred and eighty-two, entitled,
** An A61 to incorporate the Committee of the Congregational
Church and Society in the town of Ntw-SaU'm for certain pur-
pofes," lias been found inadequate for the purpofes therein in-
tended :

And whereas the members of the faid Church, and the in-
habitants of the faid town, have fupplicated this Court that the
faid A6t may be repealed, and have petitioned that the faid in-
habitants may be incorporated into a parifh :

Sect. i. Be it therefore enaFwd by tloe Senate and Houfe of
ReprtfentativeSy in General Court ajfembled, and by the authot ity of
the fame. That the faid A£l:, and every claufe of tlie fame, be,
and is hereby repealed and declared null and void ; S!nd that all Former Ad r«-
donations, fubicriptions, and other fecurities, forming the fund pealed.
of eight hundred pounds, in the laid Ai\ fpecified, fhall revert
and be paid back to the refpetSlive fubfcribers and donors, on
con hi ion neverthelefs, that they and each of luch fubfcribers

VcL. I. Z and

i86 NEW-WORCESTER. March 21, An. 1788.

and others, indebted to the faid fund by fpecialty, pay all intereft
due tliereon, until the day of pafiing this Adt.

Sect. 2. And he it further enadled by the authority nforefaidy
That the inhabitants of tlie faid town, not before fct off and
annexed to the eaft parilh of Pc'ham, be, and tliey hereby are
Society incor- incorporated into a pari/h by the name of the Congregational
porated. Society in the town of New-Sa/etfiy and hereby arc invcfted with

all the powers, privileges and immunities that precinfts or par-
ifhes within tl\is Commomvealth do or may enjcv.

And that k may be known at any time, who of the inhabit-
ants of the faid town belong to the faid parifh :

Sect. 3 . Be it enaclcd by the authority aforefaid, That all thcfe

"What inhabl- inhabitants of the faid town of New-Salcm, who ufually attend

tants ftiall be p-jbiJc worfhip with the nforef lid fociety, with whom the

lo^n^to faid fo- Reverend Joel Fojler now officiates, lliail be deemed and taken

ckty. to belong to the faid parifla, to all intents and purpofes, until

they Ihall fignify in writing under tlieir hands to the Clerk of

the faid town, their intention to attend public worfliip with

fome other religious fociety.

Sect. 4. Provided tteverthelefsy That all pariihioners fo re-

Provifoj moving fliall fignify the fame as above, within two years from

the date of this A£t ; and flvall be held to pay all arrears of

taxes legally afTeffed on them by the faid parifli before their

removal.

Sect. 5. And be it further enaBcd by the authority aforefaid^

Daniel Shaw, That Daniel Bhnw, Efq be, and hereby is authorized and di-

J.fq to call a j,(,^jgj jp jjQ^jg j-jjs warrant within two months from the pafling

wiectinir. . . . °

this Act, directed to ibme principal inhabitant belonging to

the faid pariih, reqiiirlng him to give notice to tlie inhabitants
of the pariih aforefaid, qualified to vote in pariih affairs, to
afTemble at fome fuitable time and place in the fliid parifh, to
choofe all fuch ofHcers as parilhes are by law required to choofe
annually, and to tranfa6t fuch other matters and bufinefs as is
neceflary to be done in the faid pariih.

[This Aa palled March 18, 1788.]

^^*^J^Nov. 2a, ^n ACT for incorporating the Plantation of New-Wor-
Mofes^Kinp ceJitT, fo Called, or No. 9,, in the County of Lincoln^
and his aflod- jj^to a Town by the Name of Orrington.

atcs from taxes

for feven years. 'IT'S" THEREAS the inhabitants q£ New-JVorrr/ier hTiVC rep-
Preamble. VV refjnted to the General Court, that they labour under
many intonveniencics in their prefent unincorporated ftate, and
are defircus of being incorporated into a town.

Sect. i. Be it cnaBed by the Senate and Houfe of "Reprefenta-
j'lvesy in General Court ajfanbledy and by the authority of the Javuy
That the Plantation called Nenu-Worcejlery and included within
the boundaries hereafter defcribed, together wuh the inhabi-
tants

BOWDOIN INCORPOR. March 2r, An. 1788. 187

tants thereof, be, and they are hereby incorporated into a town
by the name of Orrington^ beginning on the caft liJe of Pemb- Boundaries.
fcot-Rivery at the northwell: corner of No. I, or Buchjlonvn ;
thence running on the north lines of the faid No. I, and of
townihip No. VIII, north feventy degi-ees eaft, five miles and
one hundred and eighty-four rods ; thence Ibuth forty-eiglit
degrees eaft, three miles ; thence north forty-two degrees eail,
Hx miles j thence north forty-eight degrees weft, ftx miles, on
the Ibuth line of No. X, to Fenobfcot-River ; thence down the
fiid river, to the bounds firft mentioned, containing thirty-
feven thoufand three hundred and fexen acres, agreeably to a
plan taken by Mr. Barnabas Dodge, referving however three
acres at the northweft corner of the tra6t inclutled in the above .
lines, which iince the furvey has been fet off" to No. X, oi*
Colonel Eddy's townlhip, for a landing place : And the faid
tovPTi is hereby vefted with all the powers, privileges and immu-
nities, which other towns in this Commonwealth by law do, or
may enjoy.

Sect. 2. jind be it furt/n'renaJ^cd, Th-^t Simsou Fowler, E.[c[. ^■Imeon Fow-
of the faid place, be, and he hereby is empowered to iifae his ^'='^> ^''^- to call
warrant direftod to fome principal inhabitant of the faid town, ^ "^^^^'"ff*
requiring him to notify the inhabitants thereof to meet at lucii
time and place as he Ihall therein appoint, to choole all fucli
officers as towns are by law required to choofe at their annual
town-meetings, in the month of March or npril.
[This Aa palled March 21, 1788.]

An ACT to incorporate the Inhabitants of a Plantation
known by the Name of Weji-Bowdoinbam, in the
County of Lincoln^ into a Town by the Name of
Bowdoln.

c r>E it enacted by the Senate and Houfe of Reprefcnta-

■^ iives, ill General Court ajfembled, and by the author-
ity of the fame. That the plantation of ii^eJl-Boivdoinham, b^gin- Boundaries,
ning at the Ibuthweft corner of Bowdcinham, and running weft-
northweft ten miles, then north northeaft eight miles, then
eaft foutheaft ten miles to Boii'iloinhain line, and fouth fouth-
weft, eight miles, to the firil mentioned bounds, be, and hereby
is incorporated into a town by . the name of Bo-wdria, with ail
the powers, privileges and immunities that towns within this
Commonweakii have or do enjoy.

Sect. 2. ^nd be it further enabled by the authority aforefaid.
That John Meiril, Elq. be, and hereby is empowered to illue John Merril,
his warrant directed to fome principal hihabitant of the town oi^^'^- }'^ ^^^^ *
Boivdoin, qualified as the law directs, to alfemble and meet at '^'^""S'
fome fuitable time and place in the faid town, and choole fuch
officer or officers as towns by law are empowered to choof^
at their annual meeting in the month of March or April.
[;rhis Aa pafTed March 21, 1788.]

i8S CUMMINGTON, &c. March 21, An. 1788.

An ACT to annex certain Land hereafter defcribed, to
the Town of Cu?nn:ington.

nE it cnaBed hy the Scjiate and Hoiift of Reprefcfitatives, in Gen-
eral Court ajfembled, and by the authority of tJ^e Jmne^ That
the gore of land lately fold by the Commonwealth, of two thou-
fand and two hundred acres, alfo a grant known hy the name
of Mwrayfield Grant, of twelve hundred acres, alfo a grant
known by the name of Minoi's Grant, containing three hundred
acres, the faid feveral tradls include all the unincorporated lands
between the tov> ns of ChefterfeUU ^Jfj/idd^ Ctimmington and Go-
Jheriy which lie on the eaiterly end of, and are adjoining to Cum-
miagton^ together with the inhabitants thereof, be, and hereby
are annexed to the town of Cutnmingtou, and the fiiid inhabi-
tants iliall do duty and receive privileges equal to other inhabi-
tants of the faid town.

[This Act paffed Aiarch ix, 1788.]

An ACT for fetting off Nathaniel Kingpi/ry, an Inhabi-
^ tant of the firfl Parifli in Dedha?n, in the County of

Suffolk, and annexing him, and his Eilate, to the

Third Parifli in the faid Dedha?n.

Preamble. "^IT THERE AS Nathaniel Kingjbiiry^ living within the firft

^^ parilli in Dedham^ in the county of Suffolk, hath repre-
fented to this Court, that it is very inconvenient for him to at-
tend the public worfliip of God in the faid firft parifli, and
praying that he may be annexed to tlie third parifh in the faid
Dedham ,- and it appearing that the fiid parifhes have feverally
agreed thereto :

Be it therefore enaFted h; the Senate and Houfe of Refrefenta-
Ecading claufe tiveSy in General Court affembledy and by the authority cf the fame^
Tly^t Nathaniel Kmgfljury, and his ellate, belonging to the faid lirft
parilh, be, and hereby is fet off from the firft parifli, and annex-
ed to the third parilh in Dedham, and fliali forever hereafter be
coniidered as belonging to, and making part of the fame.
[This Aet palled Maieh''2i, 1788.]

An ACT for altering a certain Claufe in an A€t, en-
titled, " An Aft to prevent the Deftruftion of Sal-
mon, Shad and Alewivcs and other Fifh, in Jga'ujam
or Weftjield-Rivcrr

P Ll' '^IIT-'^^''-'^^-^'^ hy the faid Act no perfon or perfons are

^^ allowed to catch any falmon, fliad or alewives, with

icines, nets, pots, or in any other way within two miles cf the

entrance cf the faid river into Conneclicui-Rivtr, nor in Ccn~

mSiicut-Rivery

BERLIN. March 26, An. 1788. iSg

neB'icnt-Rivery -wltliin half a mile fouth, or forty rods north of
the mouth or entrance of tl\e faid Agaivam into ConneEllcut-
River :

Be it cnacled by the Senate and Hoiife of Reprefeidativesy in Gen-
eral Court ajfemhledy and by the authority of the Jamey That the Claufc altered.
claufe in the faid A£l, refpedling catching fifli in Comuclicut-
Ri-uer^ be, and the fame is hereby fo far altered and repealed, as
that any perfon or perfons, may catch lilh in Contierticui-R.ivery
with feines, nets, pots, or in any other way or place, excepting
within one hundred rods directly fouth of the entrance of the
faid Aganvaiyi ixito Ccnneclicut-River ; any thing in the faid Act
to the cofitrarv notwith (landing.

[This Aa paffed March 26, 1788.]

An ACT in addition to, and in explanation of an A61:,
entitled, " An A61 to incorporate the South Parifh of
the Town of Bolton^ together with Da-v'id Taylor,
Silas Carley, fob Spafford and fohn Brigham, Inhab-
itants of Marlborough, with their Eftates, into a Dif- Mar. 16, 1784.
trid by the Name of Berlin.^'

WHEREAS previous to the incorporation of the diftridl Preamble
of Berlin, the inhabitants of the town of Bolton did by
vote agree, among other things, that on the incorporation of the
faid parilh, that corporation fliouid take their proportion of the
poor that inight lie on the town of Bolton at the time of the
laid incorporation ; and if it fhould fo happen, that after i'uch
incorporation, any poor perfons fhould be brought back to the
fame tOA\^n for maintenance, they fhould be maintained by that
part of the town, whereof they were inhabitants, when they re-
moved from the fame town ; yet the Acl for incorporating Ber-
lin hath not made complete provifion in all cafes refpeCting the
faid poor, and the fuits and controverHes that have and may
hereafter happen concerning them : Therefore,

Sect, i . Be it cnacled by the Senate and Houfe of Reprefenta-
tives, in General Court affanbled^ and by the authority oj the fame.
That the diilrict of Berlin Ihall be chargeable, not only with Diflri<aof Ber-
their proportionable part of the expenfe of fupporting the poor lin fhall be
belonging to the faid town of Bolton, previous to the time when ^-^'argeable
Berlin was incorporated, but alio their proportionable part of all ^f jj,g exiienfc
the expenfe of any fuit or procefs which the town cf Bolton have of fupporting
been put to, refpecfting any poor perfon who belonged to the faid ^^^ P"^^* ^c.
town of Bolton previous to the time of the faid incorporation.
And if the faid town of Bolton has been put to any expenfe hnce
the laid incorporation, for the neceffary fupport of any perfon,
who, at the time of their laft removal from Jiolton, previous to
the laid incorporation, was an inhabitant in that part of the faid
town of Bolton, that is now Berlin, the diftridt of Berlin Ihall

pay

19© BERLIN. March 26, An. 178S.

pay to the iaid town of Bolton the laid expenfe to which they
have been fo put.

Sect. 2. Provided always^ That all agreements heretofore

* made refpe£lhig the fame poor, fuits or proceifcs between the

town of Bolton and the dii"ii'ict of Berlin, or their agents or com-

iiiittees, Ihall be deemed valid and binding, according to the

true purport and meaning of the fame.

Sect. 3. A)id be it furliier enailed by the authority aforefaidy
_,. . That whenever hereafter, the town of BoltoHy or the Overfeers

of Bolton fhall of the poor, or the Seleftmen thereof. Ihall be ferved with any
be ferved with citation, notification or precept, to inew caufe why any poor
any citaLicn, p^rfon llxall uot be removed to, or fupported by the faid towa

f/overfefrTtp ^^ ^'^^f°"y ^^ ^^'^^Y ^^^^ ^'"^^ ^^^^'^ °^ ^'''^"'^ '^'^^^ ^°^ ^^ charged
give notice v/ith any expenfe refpecting any poor perfon, which poor per-
thercof. fon, at the time of their lail removal from Bolto/i, previous to

the lliid incorporation, was an inhabitant in that part thereof
which is now Berlin, or which poor perfon defcended from or'
was wife of any perfon, who, at the time of fuch removal from
Bolton^ was an inhabitant in the part thereof lall mentioned, the
Selectmen or Overfeers of the poor of the town of Bolton Iliall,
in forty-eight hours after fervice made as aforefaid, by writing
under their hands, give notice to the Selechiien or Overfeers of
the poor of Berlitiy of the faid citation, notification or precept,
and the contents thereof; and that by virtue of this A6t, the
diflri<Sl: of Berlin are to refpond, if they fee fit ; and the faid
Selectmen or Overfeers of the poor of Bolton Ihall certify and
make return of the fame, under oath, to the Juftice or Court
before whom they are cited, to appear at or before the time of
hearing, and thereupon the faid diltrict of Berlin fhall in all
refpe£ts be confidered as defendant or refpondent, and fhall
refpond or defend in the fiime manner as Bolton would have
oiherwife been confidered, or would have been obliged to defend
or refpond ; and all after proceedings fl^all be had accordingly ;
and the town of Bolton fhall recover fees for the faid notice and
return, as officers have in cafe of fervice, and return of writs, to
be paid by the p;)rty againft whom fentence may be given.
Froviro. Sect. 4. Provulcd ncvcrthehfs, That whenever the Select-

men or Overfeers of the poor of the diftricTc of Berlin ihall dif-
pute their being holden to refpond as aforefaid they fliall give
notice thereof to tlie Seledtnien or Overfeers of the poor of
BoltoNy in forty-eight hours after notice given to them as afore-
faid, in which cafe the Court or Juftice aforefaid fhall have full
power to determine tl'.e fame difpute, if in the courle of the
procefs it m.ay be nectjrr.iiy to be determined ; and any removal
or adjudication touching the fame fhall be had agreeably to the
fame determination. And the diftridl of Berlin are hereby
authorized to commenc(.^, profccute and defend any fnit, pro-
cefs or complaint, reij^cdtiag any poor perfon or perfons, their

wive^

ALEWIVES. March 26, An. 1788. 191

wives or defcendants, whofe kft remove from Bolton, previous

to the faid incorporation, was from that part thereof which is

now Berlin, in the fame manner they might have done had

they been a corporation before fuch removal.

Sect. 5. And be it further enacled by the authority aforefaid.

That if any perfon or perfons, their wives or defcendants, whofe

laft remove from B'Jton, previous to the fame incorporation, ciaufe refpeA-

was from that part of Boltoyi which is now Berlin, and was not '_"g poor per-

an inhabitant of Bohon at the faid time of incorporation, fhall '""* ^"^^ }^'
. . , . r • r 1 r n , moved previous

become poor, that m every nich caie the town or Bolton may n, [he iucorpo-

proceed againft, and charge tlie faid diftricft with the fupport and ration,
maintenance of fuch poor perfon or perfons, their wives or de-
fcendants, in the fame manner as they might have done if
Berlin had been incorporated at the time of the removal laft
mentioned.

[This Aa pafTbd Mr.rch 26, 1788 ]

An ACT to prevent the Dedruclion of Alewives and Additional a««
other Fifh In hfwicb-River^ and to encourage the In- Mar. 28, 1793.
creafe of the 4me. IJltt'S

Ipfivich- River, commonly
mill-dam/ and alfo the owner or owners, occupier or occupiers Owners or oc-
of the dam of Farley's mill, fo called, be, and they are hereby cupiers of War-
required, henceforAvard, at their own coft and charge, in pro- j^ .g ^^jjj, ^^_
portion to their feveral interefts, to make and keep open a quired to keep
palTage for the fiih through their refpedtive dams, from the open a paffagc-
twentieth day of j^pril, to the thirteenth day of June annually : ^^^'
And that the faid pallages be within four feet of the northerly
end of each of the faid dams, five feet wide, to extend from
the underfide of the cap-piece, which cap-piece fhall be level with
the faid dam, and as low as the upper llde of the mud-fills of
the fame ; and that during the faid time, the bottom of the
faid pafiage be covered with flat ilone*^ or gravel, in fuch man-
ner as that the bottom be not raifed higher than the fills, and
that nothing fhall be kept, put or placed on the upper fide of
either of t!ie faid dams, nor any thing put or placed below
either of them, within fix feet of the lluice way on the foutherly
fide of them, except a brace on the foutherly fide of each of
the faid fluice ways, to guard the faid cap-pieces, on penalty
that the owner or OAvners, occupier or occupiers of either of the
aforefaid mills neglecting to obferv'e the directions of this A£tin P'-naltyfomeg^
any of the inftances before mentioned, fhall for every fuch '^ '
offence forfeit the fiun of twenty pounds, to be recovered of them,
©r either of tlxem, by a<!lion of debt, in any court of record

proper

192 ALEWIVES. March 28, An. 1788.

proper to try the fame, in the county where the offence fhall

be committed, to be dilpofed of as follows, viz. one moiety to

him who fliall llie for the fame, the other moiety to the poor

of the town where the oHence fhall be committed.

Paffage way to Sect. 2. Be it further enaEled^ That the owner or owners,

be kept open at occupier or Occupiers of Dodge's Mil/sy i'o called, at the Litt/e

Dodg« s milh. j^-^^^^. ^^^ ^.j^^ j;^j j j-jy^^,^ |jp .^j^^j jj^^y ^j-e hereby required to keep

open the pafiage over the faid falls, from the grifl-mill to
a large rock in the angle of the falls or dam, down to the mud-
fiU, from the twentieth day of ^pril to the thirteenth day of
%;;f annually, on penalty that the owner or owners, occupier
or occupiers of the aforefaid mills, negleiSling to obferve the
directions of this A<Sl, (hall for every fuch offence forfeit and
pay the fum of twenty pounds^ to be recovered of them, or either
of them, by aftion of debt, in any court of record, within the
fame county proper to try the fame, one moiety thereof to him
who fliall fue for the fame, the other moiety to the poor of the
town where the offence fhall be committed.
All other fluices Sect. 3. ^nd be it further enafted. That the flu ices or paf-
orpaffages fliall fgges through, or by all other mill-dams, now eredted, or that
be kept open. ^^^ hereafter be eredled upon the laid river, or by any flream
or ftreams running from any natural pond into the fame, pro-
vided the faid mill-dam be below the fame ponds, fhall be open,
and kept open ; and that the owner or owners, occupier or
occupiers of fuch mill-dam, fhall make, maintain and keep open
the laid fluices or palfages, at their own coil and chyge, in the
fame manner, as heretofore in this A61 is provided, with regard
to the palfages through IVarfier^s and Farley ^s milUdam, and
under the laid penalty for every negleil, to be recovered and
difpofed of in the fame manner.
Penalty for tak- Sect. 4. And be it further enabled, That every perfon who
ing fifh with fliall^ after the twentieth day of April, which will be in the year
nets ^ "^ ^'^^' ^^ ^^^ Lord, one thoufand feven hundred and eighty-eight, pre-
fume to take any fifh of any kind in the faid river or its branches,
or any of the ponds emptying themfelves into the fame, with
feincs or drap-nets of anv kind, Ihall forfeit, for everv fuch of-
fence, the fum of twenty pounds, to be recovered in any court
of record proper to try tlie ftuiie, one moiety to him who fjiall
fue for the fiime, the other moiety to the poor of the town
where the offence is committed.

And whereas it has been found by experience, that faw-dufl
floating in flreams where lifh pafs, obflruft their paffage :
No faw-mill Sect 5. Be it farther ertacfed, That none of the faw-m-ills
fliallbe fuffered ^^ ^.j^g ^.^jj river, Or any of the flreams running from natural
the*^laft day of ponds into the faid river, fliall be fuffered to go between the
April and firft lafl day of April, and the firft day of June annually, for cutting
day of Junci^.n- ^^y -wood or timber ; and every owner or occupier of fuch mill,
^" who within the term aforefaid fliall ufe or fuffer the fame to be

ufed.

ALEWIVE3. March 2^, An, i^U, 193

ufed, or employed for fucli purpofes as aforefaid, fliall incur the
penalty of tiveuly poiindsy to be recover"ed and difpoicd of in the
fame manner as aforefaid.

Sect. 6. And he It further enaEled^ That from and after the Towns Border-
paflin? this Aft, every town bordering on Jpfwich-Rhier. where '"^ °" ipfwjch
alewives and other hih go up to calt their ipawn, inall, at their ^ committee
meeting in March or Aprils for the choice of town oflicers annu- annually,
ally, choofe at leaft three iliitable and lit perfons, v/hofe duty it
fiiriU be, jointly or feverally, to fee that this ACx. be duly obferved,
and to inform againft any perfon or perfons that fhall offend
againft the fame ; and all perfons fo chofen, fliall be fworn to
the faithful diicharge of their duty in I'uch ofiice \ and if any
perfon chofen as aforefaid, flriall refufe or neglect to be fworn,
after due notice given, he (hall forfeit and pay the fum oi forty
flnUtngSy for the ufe of the poor of the town to which he be-
longs, to be recovered by the Trenfurer of fuch town, in any
Court proper to try the fame ; and fuch town fhall proceed to a
new choice, and fo toties quoiies.

Sect. 7. And be it further enaBsd by the authority aforefaid.
That each and every perfon, who fliall, from and after the
twentieth day of Apvily to the thirteenth day of yu?ie annually, Penalty for tafe*
prefume to take any of the faid fifh, in the river aforefaid, or '"S fifli, except
any of the ftreams running into the fame, except on Monday, ^^^^^ X^^w
Wednefday and Friday, in each week, during the time limited A<a.
by this Adi, and in that cafe, not to be taken within two rods of
any of the iluices aforelaid, lliall forfeit and pay for every fuch
offence, a fum not exceeding forty fji/Iings, nor lefs than twenty
fhil/ingSy ta be recovered on complaint or informa'iion, one moi-
ety to the profecutor, and the other moiety to the poor of the
town where the offence is committed ; and the faid committee
fliall be admitted as witnefs or witneifes on the trial.

Sect. 8. And be it further enaBed by the authority aforefaid.
That all the laws heretofore made, relative to fifli palling up Former laws
Ipfivich-River^ and for regulating the taking of the fliid fifla, be, repealed,
and they hereby are repealed and made null and void.
[This Aa palled March 28, 1 7 88.]

An ACT for the Prefervation of the Salt Marflies m
that Part of the Town of Dorchefler, in the County
of Suffolk^ known by the Name of Sqiianiiinu

'HEREAS the fal,t mar flies aforefaid fuftain great dam-
iges by the feeding and trampling of cattle, by which '^^^"^ ^*
means the owners are deprived of a great part of the crops of
hay, upon which they rely for the fupporting their ftock :

Sect,
Vol. I. 2....A

194 PATTEN'S POINT, &c. March 29, An. 1788.

Sect. I . Be it therefore enaEied by the Senate and Houfe of Rep-
reJentativeSf in General Court ajfembledy and by the authority of the
Cattle or horfes^j;^^^ That any cattle or horfes found on the aforefaid fait
pounded! *™* marlhes, between the fifteenth oi Aprils and the fifteenth of Sep-
tembery annually, may be impounded by tlie owners of the faid
marfhj or any other perfon by them employed, in either of the
pounds in Milton or Braiutree ; and the owners of the faid cattle
Ihall be liable to pay all damages that may arife, in confequence
of their cattle feeding and trampling on the faid meadows.

Sect. 2. And be it further enaEied by the authority aforefaidy

Dlreftions to That the pound-keepers in the towns of Milton or Braintree^

pound-keepers, are liereby directed and empowered to receive all fuch cattle

and horfes, and to conduct themfelves as the law directs in other

cafes where cattle are impounded.

[This Acl paffed March 29, 1 7 88.]

An ACT to fet off a certain Point of Land, adjoining
to Topflmra, now known by the Name of Patten's
Pointy from the Town of Bowdoinbamy an d annexing
the fame to the Town of Topfham.

T)E it enacted by the Senate and Houfe of Reprefentatives, in Gen-
•^ eral Court ajfembledy and by the authority of the fame y That
a certain point of land belonging to the town of Boivdoinhamy in
Patty's Point (-j-jg county of Lincoln, known by the name of Patients Point, and
** ° ' leparated from the reft of the town oi Bowdoinham by the river

known by the name of Cathancey be, and the fame is hereby fet
off front the town of Bo^vdoinhaniy and that the fame be annex-
ed to the town of Topfiam ,- provided the inhabitants of the faid
point of laud flrall be holden to pay their proportion of all taxes
which have been affelTed, ordered or voted to be laid on the
faid town of Bo%vdoinhamy by the inhabitants thereof, or by the
General Court, in the fame manner as though this A61 had
never pafl!ed.

[This Aa paired March 29, 1788.]

An ACT for fetting off a certain Tradt of Land, be*
longing to the Town of Belchertcnvny in the County
dltiampflnrey and for annexing the fame to the Town
of Pelham,

Prtamble "T'^XHEREAS a number of the inhabitants of the town of

1^ y Belchertown have petitioned this Court to be fet off

from faid Belchertoivny and annexed to the town of Pelhamy and

it appearing to this Court to be reafonable thi»t the prayer of

laid petition flioukl be granted :

Sect.

PELHAM and AMHERST. June 1 6, 1 7, An. 1787. 195

Sect, i . Be it therefore enaBed by the Senate and Hoiife of Rep"
refentatives^ in General Court ajfembled, and by the authority of the
farne^ That the land belonging to Bdchertoivn^ with the inhabit-
ants thereon, contained within the boundaries hereafter men- Boundaries,
tioned and defcribed, to ivit, beginning at a ftake and ftones
upon Pe'.ham fouth line, at Paul Thiijlen's north-eaft corner,
then running fouthwardly, upon tlie eaft fide of faid Paul
Thiiflens^ Thomas ThuJ}en\ and Francis Straiton's land, until it
comes to faid Francis Strattcn's fouth-enft corner, then welt-
wardly on the fouth line of faid Stratton, "John Glafsy EliJJm
Munfel^ and John Pefoy until it comes to faid John Ptfo's fouth-
wefh corner, then running northerly a parallel line with the eaft
line to Pelham fouth line, then eaffc on Pelham fouth line, to the
firll-mentioned corner or bound, be, and hereby arc fet off
from the town of Belchertoivn^ and annexed to the town of
Pelham^ and fliall forever hereafter be confidered as belonging
to, and making part of the faid town of Pelham.

Sect. 2. Provided Jicverthelefsy That nothing in this Aft Provifo.
fliall in any manner afFecl or difcharge the taxes already affefled
or ordered to be affefled in the town of Belchertoivn, but the
inhabitants aforefaid fhall be confidered as held to pay all fuch
taxes, which remain due and unpaid from the faid inhabitants
refpeftively : Referving, however, the right of the town of Bel-
chertowny of taxing the inhabitants aforementioned, their pro-
portionable part of all public taxes, that fliall be ordered to be
affefled on the town of Belchertoivn, until a new valuation fhall
take place in this Commonwealth, and no longer.
[This Aftpaffed June 16, 1788.]

An ACT in addition to an Ad, entitled, " An A 61

for incorporating a Number of the Inhabitants of the june 19, 178^,
Town of Amhcrjl;, in the County of Hampjhire, into
a feparate Parifli, by the Name of the Second Pari/h
in the Town of Ainberji.

WHEREAS further provifion is neceffiry for the fupport Preamble.
of public worfliip in the faici town of Amherjly and to
promote the peace and mutual good will of the inhabitants
thereof :

Sect. i. Be it therefore enaBed by the Senate and -^'''i/^ ^inhabitants
Reprfentativesy in General Court ajjemblcdi and by the authority c/" confidered as
the fame y That the inhabitants of the faid town of Aiuherfl ihall liel"iiging to
be taken and confidered as belonging to that parifli, in the faid ^^V; , P^"''^
town, where they have ufually attended public worlliip for the tend "^ ^imhUc
term of one year, next before the paffing of this AtSl, and that worfliip, &.c.
in future the inhabitants of the faid town, with their heirs and
fucceffors, fliall have liberty to attend public worfliip at that

parilh

196 AMHERST and GREENE. June 17, 18, An. 1788.

parilli in the faid town, which they fliail prefer, and fliall pay
parochial taxes where they Ihall lo attend, they produciui^ to
the refpe£tivc Alleflbrs a certiikate from the Miniller of the
parlih to which they fliall remove, or from the pariih Clerk,
in cafe there be no MinilU'r, that they have generally attended
public worfhip there, for the fpace of one whole year together
next preceding the date of fuch certificate j and previous to
fuch removal, entering their names, c^cprefFmg their inten-
tion, with the Clerk of the paiifh from which they Ihall re-
move.

Sect. 2. And he it further enaElcd by the authority aforefaidy
Taxes already That all taxes or arrears of taxes, which have been afi'effed in
^^x^^^'a ^^°^ confequence of, and agreeably to the incorporation Aft of the
faid fecond parifh, fliali be collecled in the iame manner as if
this A<Sl: Iiacl not been made : Provided that the fons of tije in-
habitants of the fecond parifh, that have been taxed by the firit
parifh, and thofe who have removed into the faid town, and
have attended worfliip at the fecond parifli, and have
been taxed by the firft parifli, fhall not be held to pay fuch
aiTeffments.

Sect. 3. And be it further enaFied by the aitthority aforefaidy
That any perfon removing into faid town may attend public
worfliip, and pay parochial taxes at either parifh, he entering
his name v.'ith the Clerk thereof for that purpofe.

Sect. 4. AndJje it further enaEled by the authority aforefaidy
That the real eflate ov/ned by non-relident proprietors Ihall be
taxed for the ufe of the pariih v.diere the occupier belongs,
according to the regulations aforefaid ; and if there be no occu-
pier who is an inhabitant in iriid town, then the taxes of it fliall
be paid to the pariiTi which fuch proprietor fliall diredl.
[This Aa pafled fwie 17, 1788.]

Non-refident
proprietors,
how taxed.

An ACT to incorporate the Plantation called Lewif-
town^ in the County of Lincoln^ into a Tov/n by the
Name of Greene.

Sect

jfE it etuiHfd by the Senate and Houfe of Rcprefeuta-
■^ fives, if! General Court ajfcmbkdyandby the authority
cf the famcy That the northei'ly part of the plantation hereto-
fore known by the name oi Ltr<)ifo'ivn,'n\ the county oiLincckiy
Boundaries. bounded as follows, viz. Beginiiing at the fouth-wefi: corner of
lot No. one, thence running fouth-eaft to the Plymouth line,
fo called, thence northerly by faid Plymouth hne, totlie north-
eaft corner of the faid plantation or lot, No.'one hundred and
ninety, thence north-weft ro Aiulrofcoggin River, thence fouth-
erly by faid river fo as to bring the firif mentioned bounds to
bear fouth-eafi:, thence fouth-eaft to the firft mentioned bounds,

v.ith

FISH. June i8, An. 1788. 197

with the inhabitants thereon, be, and hereby are incorporated
into a town by the name of Greene, and fliall have all the pow-
ers, privileges and immunities, which other towns in this
Commonwealth do or may by law enjoy.

Sect. 2. And he it further enacted, I'hat Daniel Cony, Efq. -p^^^.^j ^^^
te, and he is hereby directed to ifTue his warrant, dire<^ted to Efq. to call^'
fome luitable inhabitant of the faid town, requiring him to nieedug.
notify the faid inhabitants to meet at fuch time and place
as he fhall appoint in the faid warrant, to choofe iuch offi-
cers as other towns are by lav/ empowered to choofe in the
months of March or April annually.

[This Aa palled June 18, 1788.]

An ACT to prevent the Deftruclion and regulate and
limit the catching of Fifh, in the Rivers and
Streams in the Town of Wcjiport, in the County of
Bri/ioL

q . T)E it enuBed by the Senate and Houfe of Reprefent"

■^ atives, in General Court ajp.mbled, and by the
authority of the fame, That no feine or net fliall be drawn at Penalty for
any time of the year, any where in the rivers within the faid drawing any
town of Weflport, below the fouth ' end of an ifland, called ^'-''"'^' ^^- <^o".-
Lahes Ifand, ftriking a line of an eafc and weft courfe, from ^^^ *° ' '"
the fouth end of faid ifland, or within half of a mile from the
entrance of the harbour of faid tov/n : And that in the
months of October and November, yearly, and every year, no
feine or net fliall be drawn any where in either of the rivers,
arms or creeks within the faid town ; and if any perfon or
perfons, after the palling of this A£t, fhall prefume to draw
any feine or net at any place or time, which is not allowed
as above mentioned and defcribed, he or they fo offending
fliall forfeit and pay the fum of three pounds for each offence,
to be recovered by aftion of debt in any court proper to try How recover-
the fame, the one moiety thereof to him or them Vv^ho Ihall ed,
fue for the fame, and the other moiety to the ufe of the
town of Wiflport ; and every fuch feine or net, with its ap-
pendages {q drawn, ihall be forfeited to the ufe of faid town.
Sect. 2. And be it further enaBed by the authority aforefaid.
That the tovm of ¥/efport fhall be, and hereby are empov/er- Weflport «»-
ed and direeled, at their meeting for the choice of town of- powered t©
iicers in March or April annually, to choofe three or more ^^p^^^ ^ com-
fuitable perfons in the faid town,to fee that this AcSt be duly ob- iy"\o\ee"t'h
fcrved ; and each perfon fo chofen ihall be fworn faithfully thisAd is duly
to difcharge tlic duties required of him, agreeably to this A<St. oWerved.
[This Aa pafTed June 1 8, 1 7 8 8.]

198

FAIRFIELD INCORPORATED. June iS^An.iySS.

Boundaries.

An ACT to incorporate a Plantation, known by the
Name of Noridgewock, in the County of Lincoln^
into a Town by the Name of Noridgewock.

o jyE it enacled by the Senate and HoiiJ'e of Reprefenta-

■^ tivesy in General Court affembled, and by the author-
ity ofthefatne. That the tract of land defcribed and bounded
as followeth, viz. beginning at the head of Scotihcgan Fallsy on
Kennebec Rivera thence running north, about one mile and
one hundred and ninety-fix poles on Canaan line, thence weft
about iix miles and a half to Kennebec River, at Noridge-
luock Point, thence fouth about fix miles and one hundred
and twenty poles, unto a line running eaft abo ut five miles
and ftriking the fouth-weft corner of Canaan, then eaft on
faid line to faid corner, thence north about three miles and
three quarters, on the wcfterly bound of Canaan and acrofs
Kennebec River.^ thence dov-''n faid river, to the liead of ScrAi-
hsgan Fails before mentioned, together with the inhabitants
thereon, be, and hereby are incorporated into a town by
the name of Noridge-wock ; and the inhabitants of the faid town
are hereby invcfted with all the powers, privileges and im-
munities, which the inhabitants of towns within this Com-
monv/ealth do, or may bylaw enjoy.

Daniel Cony, Sect. 2. Aud be it further enaBed, That Daniel Cony, Efq.

Efq. to call a is hereby empowered to iffae his warrant, directed to fome
fuitable inhabitant of the faid town, directing him to notify the
inhabitants of the faid town to meet at fuch time and place as
he fhail appoint, to choofe fuch ofiicers as other towns are
empowered to choofe at their annual meeting in the months
of March or April annually.

[This Aa paired June 18, 1788.]

, meeting.

An ACT to incorporate a Plantation in the County
of Lincoln, known by the Name of Fairfield, into a
Town by the name of Fairfield.

e . JjE it enacted by the Senate and Honfe of Reprefentatives,

' -^ in General Court nffcrabled, and by the authority of the
Boundaries, T^j^z/^i', That the traft of land defcribed and bounded as followeth,
viz. Beginning at Kennebec Fti'ver^ix the fouth-eaft corner of the
proprietors mile lot marked C. I. in the northerly line of Winf-
loiu, thence running weft-north-weft, the courfe of the north
line of faid JVinJIow, fix miles, thence north, eight degrees
and an half weft, about fix miles and a hslf, unto a line run-
ning an eaft courfe and ftriking the fcuth-eaft corner of lot
number thirty-four, in Canaan on Kennebec River, then running
on the iaft mentioned line to faid river, and thence down
faid river, to the firft mentioned bounds, together with the

inhabitants

CANAAN INCORPORATED. June 18, An. 1788. 199

inhabitants thereon, be, and they hereby are incorporated into
a town by the name oi Fairfield ; and the inhabitants of the
faid town are hereby invefred witli all the powers, privileges
and immunities, which the inhabitants of towns within this
Commonwealth do, or may by law enjoy.

Sect. 2. And be it further efiacled, That Daniel Cony^ Efq. r>an'el Cony,
is hereby empovv'ered to iffue his warrant, dire<Sted to fome "^'^"^^ "^ *
fiiitable inhabitant of the faid town of Fairf.eld^ directing him ''

to notify the inhabitants of the faid town, to meet at fuch time
and place as he fhall appoint, to choofe fuch ofHcers as other
towns are empowered to choofe at their annual meetings in
the months of March or April annually.

[This Aa palled June 18, 1788.]

An ACT for incorporating certain Tracls of Land in
the County of Lincoln^ with the Inhabitants there-
on, into a Town by the Name of Canaan.

^ jyE it eimcled by the Senate and Hoiife of Reprefetiia-

-'^ tiveSy in General Court ajjembledy and by the author-
it^} ofthefame^ That the trails of land bounded as followetb,
viz. Beginning at the fouth-eaft corner of lot No. thirty-four, Boundaries,
in faid Canaan^ on Kennebec River, at the north-eaflerly cor-
ner of Fairfield, thence running weft four miles and two hun-
dre'd and eight poles, then north about three miles and an
half, to Kennebec River, then down faid river, to the head of
Scouhegan Falls, fo called, thence north, about one mile and
one hundred and ninety-fix poles, to Noridge-work north line,
or a line running eaft from Noridgcivock Point, thence eaft nine
miles and forty poles, thence fouth, about fix miles and an
half, until it meets a line running a weft courfe acrofs Kenne-
bec River, to the firft mentioned bounds, then weft on faid line
to faid bound, together with the inhabitants thereon, be, and
they hereby are incorporated into a town by the name of Ca-
naan; and the inhabitants of the faid town are hereby invefred
with all the powers, privileges and immunities, which the in-
habitants of towns within this Commonwealth do, or may by
law enjoy.

Sect. 2. And be it further enaBed, That Daniel Com;, Efq. Daniel Cony,
be, and he is laereby empov/ered to ifTue his warrant, diredl- ^^"i- }° '^^^ *
ed to fome principal inhabitant of the faid town of Canaan, di- ^'"'^ "'^'
refting him to notify the inhabitants of the faid town to meet at
fuch time and place as he fliall appoint, to choofe all fuch offi-
cers as other towns are empowered to choofe at their anjiual
meetings in the months of March or April annually.
[This Aa pafTed June 1 8, 1788.]

200 ALEWIVES. June 19, An. 1788.

An ACT for preventing the Deflruclion of Alewives
in the Town oiWelljlcet^ and regulating the Fifliery
of them in the faid Town.

q 7^-^ '^ ^//rt'^T'f^ hy the Senate and Houfe of Reprefenta-

-^ tiveSy in General Court aj/emh/ed, and by the author-
TownofWell- it J of the fame^ That it flaall and may be lawful for the free-
fleet authoriz- holders and other inhabitants of the town of Welljleet, quail-
ed to choofe a ^^j ^^y. ^^^ ^^ yo'^^ in town aftairs, at their annual meeting
nually. hy law appointed for the choice of town officers, to choofe a

committee of three or more perfons, being freeholders of faid
town, to infpeft the faid fifliery of Alewives, who fliall be duly
Their power fworn to the faithful difcharge of their duty : — And the faid
and duty. committee fliall have full power and authority to meet, agree

and determine upon rules and regulations refpefting the tak-
ing the faid fifli, at what time, place or places the fame fliall
be taken, within the limits of the faid town ; and of the rules
and regulations, agreed and determined upon by the faid
committee or the major part of them, they fhall caufe fair
copies to be polled up in three different partsof the faid town,
within fourteen days at . the leall, after their having been
chofen as aforelaid, ond fhall alfo fix marks or bounds in the
place or places allowed for fiflilng.

Sect. 2. And he it further enacled^ That if any perfon or
Penalty fortak- perfons fhall take any of the faid fifli in the rivers, ftreams or
uig ii at any p^.,^ |g within the laid town, at any other time or place than

tune or place, 1 ' i i i r • i • r r • i i

not allowed of Ihall be allowed by the laid committee as aforelaid, each per-
by the com- fon fo offending, for each and every fuch offence fliall, on
»»ttee. convicStion thereof, pay a fine not exceeding tiuentyJJjillings^

nor leCs tlr^nf-ve Jlj/llings, if the quantity of fifli fo taken is
lefs than one barrel ; but if the quantity fo taken, fliall be one
barrel, or more, fuch perfon or perfons fo offending Ihall for-
feit and pay for each and every barrel of fiih fo taken, the
fum of twenty (Inllings.

Sect. 3. And be it further enaBed^ That if the committee
-, , , aforefiid, or either of them, fliiall detect any perfon in at-
any perfons are tempting to take any of the faid filh, at any time or in any
detecled in at- place Other than is allowed by the faid committee as afore-

^T^fifl ° ^° ^^^'^'^ ^'^ ^'^^^^ ^^^^ ^^^^^ ^^^ ^^^^ ^^^^^ perfon or perfons, he or
they fliall be deemed to have taken the fifli unlawfully, and
fliall be fubjedl to the penalties of this Adl, as before mention-
ed, unlefs fuch perfon or perfons can make it appear, on trial,
that they came by the fiid fifli in fonie other way.
Penalty f ,r Sect. 4. And he it further enacted. That no perfon fliall
prefuming to prcfume to take, catch' or haul on fliore, any of the laid fifli
fiih\v'i[h'^^'n^ within the hmits of the faid town, with any other nets than
other nets than with fcoop or dip-nets, on pain and penalty of forfeiting for
fcoop or dip- each and every offence a fum not exceeding forty JhilUngSy
nets. nor

ALEWIVES. June 19^ An. 1788. car

nor lefs than thlrij fo'iilings. And the faid committee fhall,
during the pafling of the faid filli up the rivers and ftreams
within the did town, as well as during the return of the faid
fifh, and of the palling of their fry, from the ponds to the
Tea, caufe all obftructions to their DaiTa;:e, whether by wears, Commrttee to

r ,, , .^.'■°, ,- cauie oburuc-

tences, walls, or otaerwue, to be removed, and may make ^^^^^ f„ j,g re-
wider or deeper the faid paiTage-ways, when they ihall judge moved, &c.
it neceflary, the faid committee paying a reafonable conlidera-
tion therefor, if demanded ; and lliall have authority for thofe
purpofes, to go on the land or meadow of any perfon, through
which any of the iaid ftreams run, v^'ithout being conlidered
as trefpaffers ; and any perfon who ilaall rnoleft or hinder the
faid committee, in the execution of their duty, or Ihall in
any way or manner obftrucl the paffing of the faid fiih, by
wears, fences, walls or otherways, fhall forfeit and pay a fum
not c~s.CQc6\.ng fifty JJjnli figs y nor lefs than thirty fmlUngs.

Sect. 5. Andhe it furth:;- enacled. That no inhabitant of No inhabitant
any other town than the faid' town of Wellfieet, fliall catch or °f ^"V °'^'""^'"
take any of the faid fifn, in any of the rivers, ftreams or ^°'!"fi^'^',^tth-
ponds within the faid town of Wellfleet, without leave had out.kave from
therefor in writing, of the faid town of Welljleet^ or of their the town of
faid committee. Wellfleet.

Sect. 6. Provided neverthckfs. That during the fifhlng fea- provifo.
fon, any inhabitant of the neighbouring towns fhall be fup-
plied by the committee, or fome perfon by them appointed
for that purpofe, to the number of three hundred of the faid
fifh, or any lefs quantity, if thereto requeued, fuch inhabit-
ant paying therefor at a rate not exceeding oncjlnlling per hun-
dred ; and in cafe of negletft or refufal to fupply fuch inhabit-
ant as aforefaid, upon application of the aggrieved perfon to
any Juftice within the county of Barnfiiihley not an inhabitant
of Welljlcct^ fucii Juftice may autiiorize and appoint fome fuit-
able perfon to catch and take the faid fifli, and fupply the in-
habitants of the neighbouring towns therewith, the perfon foi
appointed to conform to therules eftabliihed by the laid com-
mittee, refpe£ling the time and place of taking the faid iilh,
and to be allowed by the faid Juftice, from the lale of the filh
he ihall fo take, a reafonable fum for his time and trouble ;
and if any overplus remain after being paid as aforefaid, the
fame fhall be by him paid to the Treafurer of the faid town
of Wellfleet.

Sect. 7. And he it further enaEiedy That all fines and for- fines and for-
feitures incurred bv any breach of this A<St, may be fued for f«""'"'^S' ''°^^
and recovered before any Judice of the Peace in the faid '^^^^^^^
county of Barnflable ,- and all fines recovered for any breach
of this A<ft, fliall enure, one moiety thereof to the faid town of
JVellfleety and the other moiety to him or them that fhall fue
for and recover the fame. And no perfon, by reafon of his

being

Vol. T. 2....B •

202 NATURALIZATION, &c. June 19, An. 1788.

beinp^ one of the faid committee or an inhabitant of the town
of Wellfeet^ fhall thereby be difqualified from being a witnefs
in any profecution for a breach of this A£l.

[This Aa paired June 19, 1788.]

An ACT for naturalizing William Menzies, and others,
therein named.

Preamble 'TlIT^^^-^^'^'^^ William Men-zies^ Lite of Great-Britain^ now

V V refiding in Donglafsi in the county of Worcejler, Paul
Crocker^ and Lydia Crocker, his wife, and their three minor
grand-children, namely, Joanna Crocker Chute, Paul Crocker
\ Chute, and George WaJInngton Chute, late of Annapolis, in the

Vrovince of Nova-Scotia, now refiding in Lunenburg, in the
county of Worcejler, and Commonwealth aforefaid, and Fra?i-
rois Bertodi, of the kingdom of Pcrfia, have petitioned the
General Court that they may be naturalized, and be thereby
entitled to all the rights and privileges of free citizens of this
Commonwealth :
„.... -^^ Sect. i. Be it enacted by the Senate and Houfe of Reprefent'

zies and others ^^^"^^J"} '" General Court ctjj'embled) and by the authority of the jamey
naturalized. That the aforenamed William Menzies, Francois Bertcdi, Paul
Crocker, and his aforenamed grand-children, (they the faid
William Menzics, Paul Crocker and Francois Bertodi, firfl: feve-
rally paying to the Secretary fuch fees as may be by law re-
quired of them, and taking and fubfcribing the oath of alle-
giance to this Commonwealth, before two Juftices of the
Peace, quorum units ) fliall be deemed, adjudged and taken to
be free citizens of this Commonwealth, and entitled to ail the
liberties, privileges and immunities of natural born fubjedts.
Sect. 2. And he it further enacted by the atithority aforefaid^
oaths t*o ^be re- That the Juftices before whom the perfons aforenamed may
turned. refpeclively take the oaths aforefaid, ihall return a certificate

of the fame into the Secretary's office, to be entered on the
records of the Commonwealth.

[This Ac^ paffed June 19, 1788.]

An ACT for incorporating a Number of the Inhabit-
ants of the lown of Cfoton, in the County of
Middlefix, of the Prefbyterian Denomination, into
a feparate Parilh.

WHEREAS a number of the inhabitants of the town of
Grotonhzve petitioned this Court to be incorporated,
for the reafons cxprtfled in their petition, and it appearing to
this Court reafonable that the prayer be granted :

Sect.

GROTON. AVj^w^^r 19, An. 1788. 203

Sect. i. Be it therefore enaEled by the Senate and Houfe cf
Reprefentatives, in General Court ajfemhled, and by the authority of
the fame., ThaJ: Jofeph Sh^'pie, Jafon 'Williams., Daniel Williams ^
Lemuel Bloody Mofes Child., Amafa Gilljon.^ David Hazen^ Ezckiel
Nutting, jun. Solomon Gilljlny Thomas Gragg^ Levi Lakinf David
Lakin^ Job Shattucky jun. Ifaac Lakin, Ifaac Lakin, jun. Ezehiel
Nutting, Bf'ijnmin Laiurefice, Andreiu Dodge, Samuel Gragg, Ca-
leb A. Willard, Oliver Fletcher, J->hn Nutting, Amos Woods, Levi
Parker, Silas Blood, Oliver Patch, John Lawrence, John Gragg,
Jonathan Pratt, Oliver Lakin, Benjamin Hazen, Nehemiah Gill-
fon, John Hazen, Nathaniel Green, Jonas Green, John Woodj,
Jacob Lakin Parker, Oliver Fletcher, Jun. Jacob Gragg, James
Sheple, Wilder Sheple, John Trowbridge, Ifaac Lawre/icc, Eli/ha
Hoit, Thomas Trowbridge, John Johnfon, Simeon Williams, Ezra
Farnfworth, Royal Blood, James Woods, Ebenezer Stacy, Sadoc
Fletcher, Jonathan Sheple, Nathaniel Sartell, Thomas Nutting,
Oliver Lakin, Jun. Salmon Laivrence and Benjatnin Parker,
petitioners and inhabitants of the faid town of Groton, togeth-
er with their polls and eftates, be, and hereby are incorporated
into a feparate parilli or fociety by the name of the Prefbyte- Separate panfti
rian Parifli or Society in the faid town of Gris/i?;/, with all the . '^"'^P"** '■
privileges, powers and immunities, which other parilhes ia
this Commonwealth are entitled to by law ; they the laid
parifli or fociety making proviiion for, and maintaining the
public worfliip of God in tlie laid parilli or fociety according
to the Prefbyterian rules and dlfcipline.

Sect. 2. And be it further enacted by the authority aforefaid. Any perfon at
That when any perfon or perfons in either pariih of the faid ^^'?^'"fy '" j°'"
town of Groton fhall be inclined to join with his or their fam- ,,, -n, ^^ ° '^
ilies to the other parifli in faid town, he or they fliall have
full liberty fo to do : Pi-ovided he or they lignify the fame
in writing, lodged with the Town Glerk three months before
he or they and their eftates fhall be confidered as belonging
to faid parifh as aforefaid.

Sect. 3. And be it further enaEled by the authority ajorefaid.
That the members of each refpective parifli and their families
fhall be deeme.d and conlidered as continuing members of
their refpective pariihes until they fhall fignify their determi-
nation to the contrary, in manner as above exprefled.

Sect. 4. And be it further etmcled by the authority aforefaid.
That Ifrael Hobart, Efq. be, and hereby is authorized to ifliie ifrael HoKart,
his warrant, directed to fome principal mem^ber of the faid F-<q to call %
Prefbyterian Parifli or Society, requiring him to warn the "'^'''^'"S-
members of the laid parifli or fociety, qualified to vote in
parifli affairs,. to afTemhle at fome fuitable time and place in
the faid town, to choofe fuch officers as pariflies are by law
required to choole in the month of March or April annually,
and to tranfadt all matters and things necclTary to be done ia
the faid parifli.

[This Aa pafled November 19, 1788.] An

SECT. I.

204 NOBLEBOROUGH, kc. November 20, An. 1788.

An ACT to incorporate the Plantation known by the
Name of Walpole, in tlie County of Lincohi^ into a
Town by the Name of Nobleborougb.

JlE it eriaEted by the Senate and Hovfe of Ripre-^
-*-^ fintativesy in General Court njfenioled^ and by
the authority of the fame^ That the plantation called Walpole^
In the county of Lincoln^ as defcribed in the following boun-
Boundanes in- J^j-ies, vi/,. Eegiiining at a place called Biciuns Cove, on the
porpc.a.c . eji{^ej-][y f](^^ of Daincjcotta Ri-vcry adjoining on the town of
Brijhli north line ; thence running an eaft courfe by faid
Briffol line, eleven hundred and twenty poles, to a flake and
ftones on the welierly fide of Pamaautd P:nd ; thence north
twenty degrees eaft four hundred poles up faid pond, to the
mouth of Dud-puddle Brook, fo called ; thence north elevei^
degrees eafl, nine hundred poles to a pine tree at the head
pf Dud-puddle Pond, marked on four lides ; thence north
three hundred and fixty poles to a pine tree marked on four
iides j thence north twenty-two degrees and thirty minutes
eaft, twelve hundred and eighty poles to a pine tree, ftanding
at the head of Mo'>dfs Meadow, fo called ; thence w-eft-north-
weft, {qxqxi hundred and fixty poles to a pine tree m.arked on
four tides, ftanding on the eaft fide of Damafcotta Pond ; thence
foutherly and eafterly by faid Damafcotta Pond and River, to
the firil mentioned bounds, together with the inhabitants
thereon, be, and they are hereby incorporated into a town
by the nam.e of Noblcborough, with all the powers, privileges
and immuniiles, which other towns in this Commonwealth
do or may by law enjov.
Thomas Rice, Sect. 2. And be it' further enaBed, That Thomas RicCy Efq,
mcctin" " ^ ^^' ^^"^ ^^ hereby is empowered and directed to iflue his war-
^ rant, dire^fted to fome fuitable inhabitant of faid town, requir-

ing him to notify the inhabitants of the faid town of Noble-
borough to afiemble at fuch time and place as he Ihall appoint
in the faid warrant, and choofe all fuch officers as towns are
by law required and empowered to choole in the months of
March or Jlpril annually.

[This Aa pafled November 20, 1788.]

An ACT for confirmina; to Nathaniel Gorham and
Oii'ucr Phelps, Kfqaires, a certain Tracl oi Land,
puriuaiit to a Contract made with them for that
Turpofc.

Preambk. "^"T^' HEREAS the Lcgiflature of this Commonwealth, by

y y their refolve of the firft- of April laft, did agree to

grant, fell and couAcy to the faid Naihuniel Gorhnin imd

Oliver

LANDS CONFIRMED. November 21, An. 1788. 205

Oliver Phelps all the right, title and demand, which the faid
Commonwealth has in and unto the faid lands, ceded by the
State of New-Tork to the faid Commonwealth, by deed exe-
cuted by their refpedtive commiffioners, at Hartford, the
fixteenth day of December, in the year of our Lord one thou-
fand feven hundred and eighty-fix, upon the conditions in
the faid refolve expreflTed.

And whereas the faid Nathaniel Gorham and Oliver Phelps
have on their part performed the faid agreement, and com-
plied with the conditions of the faid refolve. And whereas
the faid Nathaniel Gorham and Oliver Phelps, by virtue of au-
thority derived from the aforefaid refolve, have, by deed
from the fachems, chiefs and warriors of the Five Nations of
Indians, bearing date the eighth day of July laft, purchafed
the claims of the native Indians to the fee or right of foil in
part only of the faid lands, as contained within the defcriptions
of the faid deed, hereafter inferted, which purchafe appears to
have been made under the fuperintendency prefcribed, and in
the manner intended by the aforefaid refolve.

Be it therefore enal^cd by the Senate and Houfe of ReprefentativeSt
in General Court ajfembled, and by the authority of the fame,
That there be and hereby is granted and confirmed unto Na- Tra<5l of land
tkaniel Gorham, of Churlefo-wn, in the county of MiddlcfeK, f^'^g'/j^^^ ^'"^
Efquire, and Oliver Phelps, of Granville, in the county of
Hampfl}ire, Efquire, their heirs and afligns, all the right, title,
claim and demand, which this Commonwealth has in and
to the following tradt of land, to wit. Beginning on the north Boundaries,
boundary line of the State Pennfylvania, in the parallel of forty-
two degrees north latitude, at a point diftant eighty-two miles
weft from the north-eall corner of Pennfylvania, on Delaivare
River, as the faid boundary line has been run and marked by
the commiffioners of the States of Neiu-JTork and Pennfylvania
refpeclively, and from the faid point or place of beginning
running weft upon the faid line to a meridian, which will pafs
through that corner or point of land made by the confluence
of the Kanah.fgivaicon Creek, with the waters of the Gefiife
River, thence north along the faid meridian to the corner or
point laft mentioned, thence northwardly along the waters
of the faid Genifee River to a point tAvo miles north of Kana-
ivageras Village, fo called, thence running in a direflion due
weft tv/eive miles, thence running in a direction northwardly
fo as to be twelve miles diftant from the moft weftward
bounds of the faid Genifee River to the Ihore of the Ontario
Lake, thence eaftwardly along the fhores the faid lake to a
meridian which will pafs through the firft point or place of
beginning aforementioned, thence fonth along the laid meri-
dian to the iirft point or place of beginning aforefaid, being

fuch

Preamble.

206 ORRERY LOTTERY, &c. November 2 r, An. 1788.

fuch part of the whole traft purchafed by the grantees as
aforefaid as they have obtained a releafe of from the natives,
together with all the appurtenances to the afore-defcribed
traft belonging : To have and to hold the fame to them the
faid Nathaniel Gorhatn and Oliver Phelps-, their heirs and affigns
forever, as tenants in common and not as joint tenants.
[This A<fl palTed November 21,1788.]

Part of " An ACT for granting a Lottery for the Pur-
pofe of purchafmg an Orrery, made by Jofepb Pope,
for the Ufe and Benefit of the Univerilty at Ca}n-
bridgeJ'

"HEREAS His Honor the Lieutenant-Governor, and
feveral other perfons of refpe£table chara<fters, have
petitioned this Coui't that an Adl may pafs, authorizing fuch
managers as may be thereby appointed to raife by lottery a
fum of money for the purpofe of purchafing an Orrery made
by Jofeph Pope of Bojlon, for the ufe and benefit of the Univer-
fity at Cambridge : And whereas this Court are willing at all
times to encourage the efforts of ingenuity, and to aid a plan
which has the advancement of fcience and the public good
for its obje£l :

Sect. i. Be it enaBed by the Senate and Hoiife of Reprefenta-
Lottery grant- tives^ in General Court ajprnbled^ and by the authority of the fame^
^' That there be and there hereby is granted a lottery for raifing

a fum not exceeding five hundred znd. fifty pounds., the profits of
which after payment of the necefTary expenfes of managing the
fame, fhall be applied for the purpofe of purchafing faid Orrery
for the ufe of the Univerfity at Cambridge, forever.

Surplusmoney, Sect. A. And be it further enaHedy That if the monies

how app led. ^zi^ed by virtue of this A61 fhall be more than fufficient to

purchafe the faid Orrci-y, the furplus fhall be paid by the

managers to the Treafurer of the Univerfity at Cambridge, to

be applied to the ufe of the faid Univerfity.

[This Aa paffed November 21,1788.]

An ACT for naturalizing Elifha Bourn, and others,

therein named.

Preamble. "^TT THEREAS MeflVs. Elijlm Bourn, Seth Perry and Ed-

^V i^fifd Bourn, late fubjecls of Great-Britain, but now

refidents in the town of Saudtuich in this Commonwealth ;

alfo Richard Devereaux, late of the Kingdom of Ire/and, now

refident in the town of Parfonsficld in this Commonwealth ;

alfo William Jolly, late of St. Pierre in the ifland of Marti-

nico, and a fubjeft of the king oi France, now relldent in the

town

ORRINGTON. November 22, An, ly SB. 207

town of Portland in this Commonwealth ; alfo Jeremiah Joakim
Khalery late a fubje*^ of the king of Denmark^ now refident in
the town of Bojhn in this Commonwealth -, alfo Phillip The-
obald, of Hejfe Hanau mGermany, now refident in Po-wnalborough
in this Commonwealth ; alfo John de Polerijky, late oi Moljljeim
in Alfatia in the Kingdom o{ Prance, now refident in PoivnaU
.borough in this Commonwealth ; have all petitioned this Court
to be naturalized, and have produced proper teftimonials in
their favour :

Sect. I. Be it therefore etiaBed by the Senate and Houfe ofPerfoHs natur-
Reprefentatives, in General Court ajfembled, and by the authority of^^'^^ •
the fame. That the laid Elijha Bourn, Seth Perry, Edward
Bourn, Richard Devereaux, Williatn Jolly, Jeremiah Joakim
Khalcr, Phillip Theobald Tind John de Polerijky, upon their taking
the oath of allegiance to this Commonwealth before two Jui-
tices of the Peace, and paying to the Secretary the fee in fuch
cafe required, fliall be deemed, adjudged and taken to be
free citizens of this Commonwealth, and entitled to all the
liberties, privileges and immunities of natural born citizens.

Sect. 2. And be it further enatled. That the Juftices be- Certificatetobe
fore whom the faid EliJlia Bourn, Seth Perry, Edicard Bourn, returned.
Richard Devereaux, William Jolly, Jeremiah Joahirn Khaler,
Phillip Theobald and John de Polerifiy, may refpeftively take
the oath aforefaid, fliall return a certificate thereof into the
Secretary's office, to be entered on the records of this Com-
monwealth.

[This Aa paired November 21,1788.]

An ACT in addition to, and for repealing and
amending a certain Part of an Ad paffed the
twenty-firft Day of March. One thoufand feven
hundred and eighty-eight, entitled, " An A£t for
incorporating the Plantation of New Worceftcr, fo
called, or Number Nine, in the County of Li?2coln,
into a Town by the Name of Orrington.

WHEREAS Moffs Knap and his affociates, who pur- Preamble,
chafed of the government a tradl of land in the year
one thoufand feven hundred and eighty-five, containing up-
wards of twenty-feven thoufand acres, which is now included
in the Act mcorporating the faid town of Orringtcn, have
prayed that the faid Adl: of incorporation may be fo far repeal-
ed, as that they with their lands may not be included in or be
held to be a part of, or pay any part of the charges of the
faid town of Orringtcn : And whereas John Brewer, Efq. agent
for the inhabitants of that part of the faid town which adjoins
the river Penohfcot, has conleated to the exemption prayed for :

2o8 ISAAC MOFFITT SET OFF, &c. Jan. 5, An. 1789*

Be it cnaEled by the Septate and Honfe of Reprefentativesy in
V &' If ^^^^^^^^ Court ajemblcdy and by the authority of the famey That
the fald Mojcs Knap and his alTociates, who pur chafed of the
government as aforefaid, and by the aforefaid Aft are made a
part of the town of Orringtony be and are hereby exempted
from paying any taxes now laid on them, or which fliall be laid
on them by the faid town of Orringtony for the term of feven
years from the palling of this Aft.

[This Act palTed November 22, 1788.]

An ACT for fetting off Ifaac Mcffitt and others, from
the Town of Charltoriy in the County of Worce/}er,
and annexing them to the Town of Oxford, in the
fame County.

^ T^E it enaBcd by the Senate and Hcufe of Reprefent-

-^ ativesy in General Court ajfembled, and by the au-
thority of the famey That Ifaac Moffity Elijah Learned, and
Ephraim Segarsy of Charlton, in the county of Worcefery with
their polls and eftates, be, and they hereby are fet off from
t"he faid town of Charlton, and annexed to the town of Oxford,
in the fame county, and Ihail forever hereafter be confidered
as belonging to, and making part of the faid town of Oxford,
there to do duty and receive privileges equal to other inhab-
itants in faid town.
Provifo. Sect. 2. Provided neverthelefsy That the faid Ifaac Moffit,

Elijah Learned and Ephraim SegarSy refpectively, be held to
pay all taxes already affefled on them by the faid town of
Charlton, in the fame manner as they would have been if this
A(Sl had not pafled.

[This Aft pafled January 5, 1789.]

An ACT for incorporating the Townfhip Number
Four, on the Eaft Side of Penobfcot River, common-
ly called Nafkeeg, in the County of Lincoln, into a
Town by the Name of Sedgwick.

TiE it enaBed by the Senate and Houfe of Reprefenta-

■^ tivesy in General Court ajfembled, and by the author-
ity of the fame. That the traft of land, defcribed and bounded
Boundaries. as foUoweth, <u/z. Beginning at the head of Eggimoggin Reach,
fo called, on the dividing line between Number Three and
Number Four, and from thence running north-eafterly, on the
eafterly line of Number Three, until it meets the fouth-weft-
erly corner of Number Five ; thence by the fouth-wefterly line
of Number Five to Blue-hill Bay ; thence by faid bay and Eg-
gimoggin Reach, to the firft mentioned bounds, together with

the

JOHN DICICINSON SET OFF. Jan. 15, An. 1789. 209

the inhabitants thereon, be, and they hereby are incorporated .
into a town, by the name of Sedgivtck ; and the inhabitants of
the faid town are hereby invefted with all the powers, privi-
leges and immunities, which the inhabitants of towns within
this Commonwealth do, or may by law enjoy.

Sect. 2. And be it furthrr enncied, That Gabriel John- Gs\^ud]ohan^
w/, Efq. is hereby empowered to ifTue his warrant, directed not, iiq. to call
to fome fuitable inhabitant of the faid town of Sedgwick, di- " "^'^etmg.
renting him to notify the inhabitants of faid town, to me^t at
fuch time and place as he fhall appoint, to choofe fuch offi-
cers as other towns are empowered to choofe, at their annual
meeting in the month of March or yipril annually.
[This Adt pafTed January 12, 1789.]

An ACT to fet o^^John Dickhifon and others, from the
Town of Hadley^ in the County of Hamp/I)ire, and
to annex them to the Town of Amber/i.

^ _ jyE It enncied by the Senate and Houfe of Rcprefenta-

-^ fives, in General Court ajfemhled, and by the authority
of the fame, Thzt John Dickinf j'/i,Nehemiah Dickitjfon, Simeon Dick- JohnDicKlnfon
infon, and Silas Wright, with, their lands, confifting of two pieces, -"'d others fet
^nd containing about feventy acres, the firft piece bounded °
eafterly on Amherf line, fo called, northerly on Leverett and
Sunderland line, wefterly on a town-way, and foutherly partly
on lands of Reuben Ingratn, and partly on lands of Oliver
Dickinfon ; the fecond piece now owned by Silas Wright, con-
taining about fifteen acres, bounded as follows, viz. Eafterly
on the county road, leading from Amherfl aforefaid, to Sun-
derland, northerly on lands of Reuben Ingram aforefaid, and
wefterly on the aforefaid town-way, with the dwelling-houfes,
and other buildings thereon, be, and they hereby are fet off
from the town of Hadley, and annexed to the town of Am-
herfl and fhall forever hereafter be conlxdered as making
part of the fame.

Sect. 2. Provided neverthclejs. That the feveral perfons Provifo.
above-named, fhall be flill holden to pay their proportionable
part of all taxes which are already afTeiTed or granted by the
faid town of Hadley, in like manner as though this Act had.
not been made, and fhall alfo pay their proportionable part of
all public taxes, that fhall be laid on the town of Hadley, pre-
vious to another general valuation being made.

Sect. 3. And be it further enacted by the authority aforefaid.
That the bridge over the river, commonly called tihe Mill
River, in the county road leading through A>n})erfl aforefaid,
to Sunderland, be, and it is hereby fet off from the town of
Hadleyy and annexed to the town of Amherfl.

[This Adi palTed January i^, 1789.3

Aa
Vol. I. 2....C

:Sio GRAMMAR SCHOOU January 1 1 , An. 1 7S9.

An ACT for incorporating^ certain Perfons therein
named, by the Name of tlie Truftees of the Gram-
mar School in the Eaflerly Part of the Town of
Rcxbury^ and for repeahng all the Laws heretofore
made for that Purpofe.

Preamblif. "^"^THEREAS the education of youth has always been
\y/ conficiered by the wife ^ind virtuous as an objcdt of
the highefi: importance to the fafety and haj)pinefs of a free
people ; aixi whereas Thomas Belly late oi Lcndon, by his lafl:
will and teftament, bearing date the twenty-ninth day of
" "JaniMry, in the year of our Lord one thoufand fix hundred

and feventy-one, gave certain lands and tenements tlierein
mentioned, in the words following, that is to fay, " I give
unto Mr. John Eliot, mlnifter of the church of Chri(^ in
Roxburyy in Neiv-Englaiidy and Captain Ifaac Johnfojiy and to
one fuch other like godly perfon, now bearing office in the
faid church, and their fuccelTors, the minifter and other fuch
two head officers of the faid church of Roxbury as the whole
church there, from time to time, Ihall bed: approve of fuccef^
fively from time to time, forever ; all my meifuages or tene-
ments, lands and hereditaments, with their and every of their
appurtenances, iltuate, lying and being at Roxl:-:)y in Neiu-
Enzland aforefaid, in parts beyond the feas ; to have and to
hold to the faid minifter and officers of the faid church of
Roxhury^ for the time being, and their fuccefibrs from time to
time forever, in tnift only, notwithftanding, to and for the
maintenance of a fchool-mafter and free fchool for the
teaching and inflru(5ling of poor men's children at Roxbniy
aforeAud, forever, and to be for no other ule, Intent or pur-
pofe whatever." And whereas feveral other perfons have
heretofore bequeathed certain other lands and monies, to be
applied to and for the pnrpofes aforefaid, to be under the dl-
rethion of certain Feolfees, to be duly chofen for thofe pur-
pofes ; all which devifes and donations have been ratified and
confirmed- by I'everal Afts of the Legiilature of this (then
- li^roVince) now Commonwealth of Majpichufctts : And whereas
the faid Acls are found to be inadequate to the regular carry-
ing on of the affairs of the faid School, and a number of the
inhabitants of the faid town of Roxhury have petitioned this
Court that an Act of incorporation may be paffed, to incorpo-
y rate a competent liumber of perfons, for the purpofe of carry-

ing into effe£t the btfnevolent deligns of the farid Thomas Bell
and others :
Former laws Sect. T. Be it therefore enaElcd by the Senate and Honfe of Rep-
repealecL refentntivcSy in General Court affembled, and by the authority of the

famcy That all the laws, heretofore made, ratifying and con-
firming

GRAMMAR SCHOOL. January 21, An. 1789. 21 1

firming the doings rel.itive to the Free School in the eafterly
part of the town of Roxbury aforelaid, fo far as the fame are
inconfiftent with this Act, be, and they are hereby repealed
and rendered null and void.

Sect. 2. Provided alwaysy That the perfons who acl as Provlfo.
Trainees of the eftate of the faid Thomas Bell, and the perfons
who a£t as Feoffees of laid donations, Ihall have, refpecliveiy,
full right in law to demand and receive all rents and incomes,
or any arrearages thereof-, or other fums of money, v/hich,
from any perfons whatever, in confequence of any leafes, con-
trafts or bargains made with fald Truftees or Feoffees, are or
may become due : And Provided alfoy That the faid Truftees Further Provi-
and Feoffees refpectively lliall be held to liquidate and fettle ^°-
all their accounts with, and to pay over all monies which they
have received or fhall in their laid capacities refpecliveiy
receive, unto the Truftees of faid School appointed by this
A6t, or hereafter to be chofen in purfuance thereof.

Sect. 3. Be it further enured by the authority aforcf aid ^ That Tiuflees ap-
the Hon. John Loiuellf Efquire, Neheminh Jllunroey Jmnes pointed and in^
Menrsy Reverend Eliphalat Porter , Clerk, Hon. Imrcofe Sum^ corpoiatcd.
fiery Efquire, Samuel Sumnery Jojcph Pug^lcsy Efquire, Thomas
Williams y Phylician, and Jofeph Williams y gentleman, be, and
they are hereby nominated and appointed Trustees of the
Grammar School in the eafterly part of the town of Rox^
biiryy and they are hereby incorporated into a body politic and
corporate, by that name ; and the faid Truftees and their
fucceflbrs, to be chofen and appointed in the manner herein
after prefcribed, inall be and continue a body politic and
corporate, by the fame name, forever.

Sect. 4. Be it further enacted by the authority aforejaid^ That Lands, &C.
all the landsy buildings and other property wliatfoever, which heretofore giv-
have heretofore been given by the faid Thomas Bell and others ^"' ^""'^'^"^^j
to the faid Truftees and Feoffees, for the purpdfe of fupport- Truftees.
ing the laid Free School, and all other eftate, intereft, claim ^

or demand whatfoever, belonging to laid School, or whicli
are held in truft therefor, be, and they are hereby confirmed
to the faid Johu Lowelly Nehemiah Jl'Tunroe, fames Mearsy
Eliphalet Porter y Licreafe Sumnery Samuel Sumnery Jofeph Rugghsp
Thomas Williams and Jofeph WilliatnSy and to tlieir fucceflbrs
as Truftees of the laid School, forevei*, for the ufes, intents
and purpofes, and upon the trufts, which in the laid laft will
and teftament of the laid Thomas Bell, and in the donations
aforefaid, are intended ; and the Truftees aforefaid, their fuc-
celTors and the officers that may be appointed in purfuance of
this A61:, are hereby required in conducting the concerns of
the faid School, and in all matters relating thereto, to regulate
themfelves conformably to the true deli^n and intention of
the iiiid Thojnas Bell, ami others.

Sect.

212 GRAMMAR SCHOOL. January 21, An. 1789.

Truftees to SecT. 5. Be it enaHed by the authority aforefaid. That the
have one com- f^id Truftees and their fucceflbrs fhall have one common feal,
mayfue'and be ^^^'^^^"^ ^^^^7 "^^7 make life of in any caufe or bufinefs that
I'ued. relates to the faid office of Truftees of the faid School ; and

they lliall have power and authority, from time to time, to
change, alter or renew the fame at pleafure ; and they
may fue and be iued in all adlions, real, perfonal or mixed, and
profecute and defend the fame to final judgment and execu-
tion, by the name of the Truftees of the Grammar School in
the eafterly part of the town of Roxbury, as aforefaid.
Truftees fliall Sect. 6. Be it further enacted by the authority aforefaid., That
Le the irue and the faid Truftees and their fucceflbrs fliall be the true and
Ind ovlnu."" ^"^^ Vifitors, Truftees and Governors of the faid School, in
and may cled perpetual fucceflion forever, to be continued in the way and
a Prciideiit manner hereinafter pointed out, with full power and author-
and other offi- jj.^ ^.q ^\q^ \^^ ballot, a Prefident, Secretary, Treafurer, and
laws &c/ ^" ^^^^^^ other officers as they fhall judge necellary and conveni-
ent, and to make and oixiain fuch by-laws, rules and orders,
for the good order and government of the faid School, from
time to time, as to them the faid Truftees and their fucceflbrs
fhall, according to the various occafions and circumftances
thereof, appear moft fit and requifite, either with or without
penalties, all which lliall be oblerved by the officers, fcholars
and fervants of the faid School.
Provifo. Sect. 7. Provided nhvaysy That the faid by-laws, rules and

orders are not repugnant to the Conftitution and laws of this
Commonwealth.

Sect. 8. Be it further enacted by the authority aforefaid^
Number of That the number of the faid Truftees ihall not at any one
Truftees limit- time conlift of more than thirteen nor lefs than nine, five of
^°^' whom ftiall conftitute a quorum for tranfacting bufinefs, and

a major part of the members prefent at any ftated meeting
thereof, ihall decide all qucftions that may properly come be-
fore them.

And to perpetuate the fucceffion of the faid Truftees,
Sect. p. Be it further enaBed by the authority aforefaidy
Mode of per- That as often as one or more of the faid Truftees fliall die,
petuaung the ^-efign, remove, or in the judgment of the major part of the laid
ucce 10a Truftees for the time being, be rendered by age, infirmity, or
otherwife incapable of difcharging the duties of his office,
then and fo often the remaining part of the Truftees then fur-
viving, or the major part of them, at fomc ftated meeting,
fliall elecl by ballot one or more perfons, being reputable free-
holders in the town of Roxbury aforefaid, to fupply fuch va-»
cancy or vacancies :
Provifo. Sect. 10. Proi;/Wi'</ ^/w<7;'j-. That the minifter and the two

oldeft deacons of the firft Church of Chrift in the faid town
of Roxbury^ fliall always, by virtue of their faid offices, be
members of the faid corporation.

Sect.

GRAMMAR SCHOOL. Januaryii, An. 1789. 213

Sect, i i . Be it further etntcled by ths authority aforefald^ Truftees ren-
That the Trudees aforelaid and their fucceffors, be, and they f^*^'^^' capable
are hereby rendered capable in law to take and receive by gift, "J, ^''rTcdve'by
grant, deviie, bequelt or otherwife, any lands, tenements or gift, &c. any
other eftate, real or pcrlbnal, provided that the annual income land or other
of luch real eftate Ihall not exceed the fum of one hundred and '^^'^'^'^^
fifty poitndsy and the annual income of fuch perfonal eftate
Ihall not exceed the fum of one hundred and fifty pounds.^ (both
funis to be eftirnated in filver at the rate of fix finllings and
eight pence by the ounce) to have and to hold the fame to the
faid Truftees and to their fucceffors in that otfice, on fuch
terms and under fuch provifions and limitations as may be ex-
preffed in any deed or inftrument of conveyance to them made :
Provided always. That neither the faid Truftees nor their fuc- Provifo.
ceffors fhall ever hereafter receive any grant or donation, the
condition whereof fliall require them or any others concerned
to adl, in any refpedt, contrary to the defign expreiled in the
laft will and teftament of the laid Thomas Bell, or any donation
heretofore made. And all deeds and inftruments which the
faid Truftees may lawfully make in their faid capacity, as
aforefaid, fliall, when made in their name, figned and deliver-
ed by their Treafurer, and fealed with their common feal, be
binding on the faid Truftees and their fucceflbrs, and be valid
in law.

Sect. 12. Be it further e?iailed by the authority aforefaid. Meetings fliall
That there fliall be held a meeting of the faid Truftees as foon ''^ *^^^^ =^"°^-
as conveniently may be after the piifiing of this Aft, and after- choice of oflS.
wards once in every year at leaft, on fome day to be ftated by cers.
the laid Truftees annually, forever j at which meetings the
major part of the faid Truftees prefent fliall proceed to elect
a PreJident, Secretary, Treafurer, and fuch other officers as
they fliall deem meet, who fhall continue in offite for the
term of one year, or until others fliall be chofen'in their
room 5 and the faid ofHcers fhall be under oath- faithfully
and impartially to difcharge all the duties of their faid ofhces,
during the time for which they fliall be elefted, and until
others fhall be chofen and fworn in their ftead. And there Three quarter-
fhall be three quarterly meetings of the faid Truftees, beftdes 'y meetings
the faid annual meeting, to be held on fuch days as fliall be i3(,f,figs ^he an-
prefcribed by the regulations or orders of the faid Truftees, at nual mcctiri"-.
either of which meetings any bufinefs relative to the govern-
ment and well ordering of the affairs of the faid School may
be tranfafted, and vacancies filled up, if neceflary : Provided
however. That no vacancy in the office of Truflee fliall be
filled up at any meeting of faid Truftees, unlefs previous no-
tice fliall have been given by the Secretary to each of the
Truftees, that fuch vac;;)icy exifts, and is intended to be filled
up at fuch meeting ; which notice the faid Secretary is direct-
ed to give at the application of either of the Truftees.

And

214 CHAPEQUIDDICK. January 26, An. 1789.

And that the ftate of the finances of faid School may be
known from time to time,

Sect. 13. Be it further enaEled by the authority aforefajjy

Inhabitanteniay That it fliall and may be lawful for the inhabitants of the faid

call on the town of Roxbwyy at any legal meeting thereof, not exceeding

ftat" cif "h '^ o^ce in any one year, to call on the faid Truftees for a ftate of

account*, their general accounts, at the then laft audit thereof, and it

ihall be the duty of the Truftees aforefaid or feme one of

tlieir oflicers, for the time being, to exhibit an attefted copy

of fuch ftatement accordingly.

Sect. 14. Be it further enacled by the authority aforefaid y

That Thomas Clarhey Efquire, be, and he is hereby authorized

Thomas Clarke and dire<Sted to determine the time and place for holding the

Elq to call the f^j-ft meeting of the faid Truftees, and to certify them refpedt-

ri meeting. j^,giy thereof, ten days at the leaft previous to the holding

the fame.

[This Ad pafted January 21, 1789.]

Additional An ACT to fct olF to the Patentees, and other Pur-
Ads, junc 19, chafers, certain Lands on the Ifland of Chapequid-
1796! •'""^'^' dick, in the County of Dukes Coimtyy and finally to
adjuft and determine all difputes between the faid
Patentees and other Purchafers, and the Indians on
the faid Ifland, and to prevent Cattle, Horfes,
Sheep, Goats and Swine from going at large, on
the faid Ifland, at certain Seafons of the Year.
"W THEREAS certain difputes and differences have arifen
Y V between the patentees and other purchafers of lands
on the ifland of Chapequiddicky in the county of Dukes Countyy
and the Indians inhabiting the faid ifland ; and whereas in
confequence of faid difputes and dift'erences an application was
made to the General Court of this Commonwealth, and the
faid General Court did, on the twelfth day of Novembery in
the year of our Lord one thoufand feven hundred and eighty-
five, refolve, that JValter Spooncry Solomon Freemany and Shear-
jnfhub Bourne>y Efquircs, be a committee to repair to the Ifland
of Chapequiddicky (they previoufly giving twenty days notice to
laid proprietors and the Indians on faid ifland) to let off" to the
patentees and other purchafers, fuch quantity of lands by metes
anct bounds, as to faid committee, in equity, (all circumftances
confldered,) may appear juft and reafonable, in full of their
refpedlive rights and purchafcs, and for afcertaining what fum
or iums of money the other inhabitants ought to pay the /«-
diansy for the privilege of mowing the fait meadow and graz-
ing cattle thereon, and to take into confideration and determine
upon fuch other matters as fhall appear to them juft and reafon-
able ;

CHAPEQUIDDICK. January 26, An. 1789. 215

able : finally, to adjuft ail difpHtes, and report their doings
to the General Court for confirmation, as foon as may be : And
alfo to report what meafures are necefiary to be taken to pre-
vent any cattle, horfes, fheep, goats, or i'wine irom going at
large on the faid ifland, from the tenth day of April to the
thirtieth day of Otloher annually ; and alfo to prevent any
wood being fold or tranfported from off the Indian lands on
faid ifland, on any pretence whatfoever : And whereas the
faid committee have reported to this Court, afier a due and
full hearing of the parties, their proceedings and opinion ref-
pe(5ting the matters and things committed to them, as aforefaid,
and as this Court are willing to confirm and ratify their do-
ings, fo as finally to determine and put an end to the faid dil-
putes :

Sect. i. Be it therefore enacted hy the Senate and Houfe of Rep-
rcfentativeSy in General Court ajfembled^ and by the ai/thority of the ^. .^ ,.
fame. That the line hereinafter delcribed be taken and held between P^-
forever hereafter as a divifional line or boundary between the tentees and in-
patentees or other purchafers of lands on the faid ifiand of <^^^"»'
Chapequiddicki and the Indians inhabiting faid ifiand, viz. Be-
ginning at a heap of ftones on the bank of the harbour, which
heap of ftones is by the eaft fide of the land, formerly owned
by Thomas Arey ; thenre extending fouth fixty-feven degrees
eaft, in the faid Areys line until it comes to a heap of ftones
on the brow of a -hill, and about thirty rods to the weftward and
northward of a well or fpring of water, known by the name of
Joers Well ; frona thence extending north feventy-five degrees
eaft, to a heap of ftones lying on the eafterly fide of land be-
longing to Jofeph Huxfbrd, and about feven rods to the north-
ward of a fwamp near the faid Huxford's dwelling houfe; thence
running fouth feventy-fix degrees, eaft, fifty-one rods to a
white oak tree, marked with ftones about it, ftanding about two
rods northward of a hole of water ; from thence running fouth
feventy-nine degrees eaft, twenty-feven rods to a ftake with
ftones about it, ftanding on the brow of a hill, and about three
rods to the northward of a hole of water ; from thence run-
ning fouth fixty-one degrees eaft, twenty-eight rods to a walnut
tree marked, ftanding two rods to the eaftward of the eafterly
corner of a fwamp ; thence running fouth fifty-one deo-ree$
eaft, fixty rods to a heap of ftones lying on the edge of a ditch,
by the lands hereinafter fet off" to the Indians, and then to
continue fouth fifty-fix degrees eaft, by the faid Indians' land*
to the eafterly fide thereof.

Sect. 2. Provided always^ and be it hereb'^ CHaBidy That the P»fentres an<i
faid Indians of their defcendants fliall never be held or obliged '"^''■'' P"^^^f

. ^ 1 - ^ • • c !• r- /- ° '^^'i •■" be at the

to maKe, mamtam or repair any fence, fences or parts of rences fok charge of

on the fine or lines fo made and eftabliflied as aforefaid, or "laJ^^'Off and rc-

on any other lines made and eftablilhed by this Aft, but P^;"""'? ^^^ ^^•

' ' , vifional fence,

that

2i6 CHAPEQUIDDICK. January 26, An. 1789.

that the faicl patentees and other purchal'ers fliall be at the

fole and whole charge and expcnfe of making, maintaining and

repairing the faid divilional fence and fences, any law to the

contrary notwithftanding.

Public roads to Sect. 3. And be it enacled, Th;;t a road or way, two rods

^ ' wide, from tiie bounds firft beforcmentioned, by the harbour,

unto the eaftcrly fide of the {aid Indians' land, and adjoining

on the north-eafterly fide of the line aforefaid, and alfo a road

or way two rods wide from the bounds firft bcforementionedj

weftcrly to the point of land or beach near the town, as now

ufed and improved, fhall be and remain forever hereafter

open and public roads or highv/^ays, for all and every perfon

and perfons to pafs and repafs at their pleafiire.

Priyilcpe ^of ,Sect. 4. And he it further emBcd, That the faid Indians

&;c'afl'ovvcclthe ^'^'■^ their defcendaiits, forever hereafter, fnall have and enjoy

liuiiaHs. the full and free privilege and liberty to pals and repafs for

the purpofes of fiihing, fowling and gathering beach and wa-

pochqua grafs, to and from any and every part of the faid ifl-

and, without any let, hindrance or moleftation whatfoever.

Sect. 5. And be it further etmBed b\' the authority aforefaid,

A certain tract That a certain tracft of meadow and upland, excepting twenty-

of meadow and two acres of land with the buildings thereon, in the faid tra6l,

upland fet off ^j^j^j^ AbiJhai Merchant purchafed of Ifrael Co^nehaii, deceafed,

and confirmed , r^r^r•■^r^• i • ^ ■ r

to the Indians, l^^e lachem or the laid Indians, and excepting thirty-hve acres
of land adjoining to, and on the wefterly fide of the land be-
longing unto the lliid Merchant, which by a refolve of the Gen-
eral Court of this Commonwealth, dated June the eighth, in
the year of our Lord one thoufand feven hundred and eighty-
fix, is to be fold for difcharging of the feveral debts againft
the faid Ifrael, and excepting alfo a way by gates or bars on
the clift to the way laid out by Aref% land, which tract is in-
cluded in the following bounds, viz. Beginning at a heap of

Boundaries. ftones ftanding on the bank where the road began as before-
mentioned, then running fouth-eafterly as the road runs, until
it comes to the heap of ftones lying on the edge of a ditch be-
fore mentioned, then from the faid ftones, by the edge of the
faid ditch, fouth thirty-feven degrees weft, ninety rods to a
heap of ftones at the weft corner of the land now fet off to the
Indians ; then fouth lixty-two degrees eaft, eighty-fix rods to a
fmall, fliarp, flinty rock, about twelve rods to the fouthward of
a round fwamp, which is the fouth bounds of the land fet off
to the faid Indians ; then north from the fiid rock, thirty-
eight degrees eaft, one hundred and twenty-two rods to a heap
of ftones on the fide of a fharp hill about twelve rods to the
fouthward of the dwelling-houfe of George jchnfon, tanner ;
thence running north fifty degrees eaft, forty rods to a heap of
ftones lying about one rod to the eaftward of a well liole by

the

CHAPEQUIDDICK. January 26, An. 1789. 217

the corner of the fa.lt mar fli; thence north forty-five degrees eaft,
thirty-one rods, to a heap of ftones on the edge of the bank by
Cape-poge Pofid, io called ; and fo to continue to faid pond, at a
place fifty-two rods to the eaftward of a point called Quahog
Pointy being all the meadow and other land lying to the north-
ward and eaftward of the faid lines, be, and hereby is fet off
and confirmed to the faid Indians.

Sect. 6. And be it further enaEled^ That a certain tradl of Tradl of wtoi
wood-land lying and being on the faid ifland, bounded as fol- ^" ^^ '
lows, viz. Beginning at the wefterly fide of Benjamin Peafe,
junior's land, and where it adjoins a way or path called Pocha
Path, then running weft^erly by the faid path, until it comes to
the land of Benjamin Natick, Patience Dutch and others ; then
north thirty-four degrees wefl:, one hundred and fourteen rods
by the faid Natick and others' land, to the north-eaft corner of
the faid Betijamin NaticFs land j then running north forty-four
degrees weli, fixty rods to a heap of ftones ; then north fixty-
nine degrees eaft, about one hundred and ten rods to a heap
of ftones by the land of David Norton ,• then fouth fixty-eight
degrees eaft, by faid Norton\ land, about fixty rods to the land
of the faid Benjamin Peafe, jun. : then fouth thirty-fix degrees
weft, by the faid Pcajes land, forty-fix rods to Peaje% corner j
then fouth forty-three degrees eaft, fifty-fix rods \ then fouth
forty-nine degrees eaft, by the land of the faid Peafe, fifty-fix
rods until it comes to Pocha Path or way firft mentioned, be,
and hereby is fet off" and confirmed to the faid Indians. This
and the tra<St of land defcribed in the laft before enabling Lands defdrlb-
claufe, to have and to hold, to them the faid Indians and their ^^^ to be held

defcendants forever, as tenants in common, but not fubjedt as !^^f,"!"'* ^^

. \- -r- common.

Other lands held by tenants ui common are, to aay divifion or

divifions to be had or made between them or any of them ;

any law to the contrary in any wife notwithftanding.

Sect. 7. And be it enacted. That all the wood on the faid ^0°^ o" t^e
laft mentioned trac^ of land, be and ftiall remain to and for Jrfa"jrren"ala
the ufe of tli£ faid Indians forever •, and that no perfon or per- to and for the
fons whatever, {hall at any time hereafter, fell or tranfport any ufe of the indi«
of the faid wood off the faid ifland on any pretence whatfoev- ^"^' forever,
er ; and any and every perfon whofoevqi-, who fliall at any
time hereafter, fell or tranfport any of the faid wood off the
faid ifland, and every perfon other than the faid Indians, wjio
fhall ufe or confume any of the faid wood, iliall forfeit and
pay triple the value of fuch wood fo fold, ufed, confumed or
tranfported oft" the faid ifland, to any perfon who Avail profe-
tute and fue for the fame.

Sect. 8. And be it further enaBed, That there be and here- Awaytworod*
by is laid out on the faid ifland, a way two rods wide, through ^^"^^ '^"^ ""'•

gates

Vol. I. 2....D

2i8 CHAPEQUIDDICK. "January 26, An. 1789.

gates or bars, beginning at an old path, about fifteen rods to
the weftward of the dwelling-houfe of Sinic/i Porreilge, by the
foutherly Hne of the bnds fet off to the Indians, and then
foutherly on a flraight Hne by the land of Benjamin Peafe^ jun. to
a path or way called Pocha Pathy and fo to continue in the faid
Pocha Path, to the wood-land fet off to the faid Indians, and
then through the faid wood-land, where there is now a way uf-
ed, to the way laid out to the harbour or fvvimming place fo
called, to be kept forever free, for any and every perfon to
pafs and repafs at their own pleafure, through faid gates or
bars.

Sect. 9. And be it further enacled by the authority of or ef aid,
Lands & dwel- That all the lands and dwelling-houfes, on the wefterly fide of
^ff'^'d""^fi ^'^^ ^^^^ ^'^^^ ifland, now in the occupation and improvement of
gd. 2.ny Indian or Indians, be, and they hereby are fet off and con-

firmed to fuch Indian or Indians, as now occupy and improve
the fame refpedtively, to have and to hold to them during
their natural life and no longer ; excepting a certain tradl of
land,now in the occupation and improvement oi Patience Dutch,
which fame traft of land Is hereby fet off and confirmed to
the faid Patience Dutch, to hold to her and her heirs forever.
Lands confirm- Sect. io. And be it further enacted, That all the reft and
cd to the paten- refidue of meadows and lands, on the faid ifland of Chapequid-
rurchafers° ^'^ ^^'^^i ^^^ herein before fet off and confirmed to the faid In-
dians, or fet off and appropriated for roads and ways, be, and
they hereby are fet off and confirmed unto the faid patentees
and other purchafers, to have and to hold the fame to them,
their heirs and affigns forever in feveralty, according to the
proportion and divifion made, and fubfcribed by the committee
of the {aid patentees and other purchafers, chofen and appoint-
ed for that purpofe, on the tvt^enty-fecond day of April, in the
year af our Lord one thoufand feven hundred and eighty-fix ;
which faid divifion and proportion is hereby ratified and con-
firmed.

x\nd whereas within the boundaries of the lands fet off to
the faid Indians, there are feveral tra<fls of fait meadow, here-
tofore improved by fome of the faid patentees and other pur-
chafers, for which they have paid confidcrable fums of money,
and which will be a lofs to the particular proprietors if not
provided againfl :

Sect, i i . Be it therefore ena^ed by the authority aforcfaid,

LofTes and ex- That the true value of fuch loffes be eftimated and averaged

ptnfes, to be among all the faid patentees and other purchafers, and that

avera*'^^ ^" '-''^''^^ ^^^ ^ j"^ ^^"^ equal proportion of fuch lofles, as well as

an equal and juft proportion of all expenfes which have been

incurred in fettling the iuid difputcs, fince the firft day of

April, in the year of our Lord, one thouiand feven hundred

' and

CHAPEQUIDDICK. January 26, An. 1789. 219

and eighty- fix j the lofies, coft and expenfes to be afcertained,
eftimated and proportioned by the iaid patentees and other
purchafers, at a meeting to be called for the purpofe, as foon
as may be after the paffing this Aft, and they are hereby au-
thorized to have and to hold a meeting accordingly.

And whereas feveral fuits at law have been originated, and are
now pending in the Court of Common Pleas, in the iaid coun-
ty of Dukes County^ between the faid patentees and other pur-
chafers, and the faid Indians, refpefting the faid lands, and the
faid committee have reported that the faid fuits Ihould ceafe
and be forever barred :

Sect. 12. Be it therefore furth-r c7iancd,T\\:xtz\\^\niSyC2.\\ie?, 5\x\h at law
and aftions, now pending in the faid Court of Common Pleas, refpetSmg faid
refpefting the lands on the faid ifland, be difmiired, and the j^j"^-^^"
Juftices of the faid Court are hereby authorized and dire<5led
to difmifs the fame accordingly.

Sect. 13. Andhe it enacted., That from and after the paiT- No fuits, &c.
ing this Acl, no adlion or atflions, fuit or fuits at law whatever, *^^^^' ^^ ^"^'^^"
refpefting the faid lands, Ihall be fuftained or maintained in
the faid Court, other than fuch as may arife upon claims by
and under the authority of this A6t.

Sect. 14. Andhe it further enatled h^ the authority aforefaidy
That his Excellency the Governor, by and with the advice Governor em-
and confent of the Council be, and he hereby is empowered and powered to ap-
requefled to appoint two white perfons and one Indian, as 1'"'"*^ ^^^^
guarciians, to have the care and overfight of the laid Indians,
and their intereft on the faid ifland.

Sect. 15. And be it ennBed, That all deeds of bargain, fale, Deeds, &c.
releafe or quit-claim, or conveyances whatfoever, of any lands, ^^^ con!fcnt°of
tenements or hereditaments, as well for terms of years as for- guardians, dee-
ever, had, made, gotten, procured or obtained, excepting fuch med null and
as are allowed and confirmed by this Acl, or which may at any ^°"^-
time hereafter be had, made, gotten, procured and obtained
from any Indian or Indians on the laid ifland, by any perfon
or perfons whomfoever, without the licenfe, approbation and
allowance of all the guardians for the fame, fball be deemed
and adjudged in law to be null, void and of none efi^efl.

Sect, i 6. And be it further enadfedy That from and after jjjug^ bonds, or
the publication of this Acl, no bijl, bond or other fpecialty, in othercoutrads,
writing, on any contrai^t whatever, nor any book account, or e.^ctedjng 205.

I , o -n r r • n n u made Without

any verbal contract or pronnle tor payment of monies, Ihall be ^j^^ conicnt of
deemed good or be recoverable, againft any of the laid In- tlic guardians,
dians inhabiting the faid ifland, provided the fame ihall/^'^'^'^^. "^^^
exceed the fum of twenty fji'ilings, unlefs fuch bill, bond or '^"'^ ^'"' '
fpecialty be entered into, or fuch verbal contract or promife
be made, in the prefence and by and with the confent and ap-
probation of all the laid three guardians, to be appointed as
aforefdid.

And

•220 GUSHING INCORPORATED. J^w. 28, An. 1789.

And whereas the turning out cattle, horfes, fheep, goats
and fwine, to be and go ^t large on the faid ifland, greatly
damages the fame ;

Sect. 17. Be it therefore enaBed by the authority aforefaidy

That after the pafling of this A£t, if any perfon or perfons

Claufe refped- fhall turn out any of his or their cattle, horfes, flieep, goats or

ing cattle, horf- f^vJne, Or Ihall permit and fufFer them to be and go at large on

at'large'. ^°'"^ ^^ ^^^*^ ifland, at any time between the twenty-jfifth day of

Aprils and the twenty-fifth day of OEiobcr^ yearly, he or they

fhall forfeit and pay for each offence, the penalty q{ jive Jlnl-

lings for every horfe, and each head of neat cattle \ and oHeJhil-

ling a head for eaoh flieep, goat or fwine, fo going at large,

which penalty fliall be recovered by any perfon who fhall fue

for the fame, in any Court proper to try fuch caufe.

[This A<51 pafled JiUiunry 26, 17S9.]

Boundaries.

An ACT to incorpor.ite the Plantation, known by the
Name of St. Georges, in the County of Lijicolny into
J a Town by the Name of CuJJjing.

^, JlJS it enacled by the Senate and Hoiife of Reprefenta-

•^ iives, in General Court ajfemhledy and hy the aU"
ihority of the fairies That the plantation heretofore called 5/.
Georges, in the county of Lincolrt, as defcribed in the follow-
ing boundaries, viz. Beginning at the mouth of Meduncook-
River^ running up faid river to the head of the tide, then
north-by-eaft to Waldoborough line, then along faid line to the
fouth-wefi: corner of Warren, then running eafterly by Warren
line to St. George's River, then crofling faid river to the fouth-
weft corner of ThomnftonyXhen caft-fouth-eaft, by Thomajion line,
to the fea-fhoie, then running fouth-wefterly by the fca-fhore,
to Herring-gut, then running north-wefterly, crofling St.
George s River, to the firft mentioned bounds, with the adja-
cent iflands, together with the inhabitants, be, and they are
hereby incorporated into a town, by the name of Cujlnng,
with all the powers, privileges and immunities, which other
tov.'^ns in this Commonwealth do or may by law enjoy.

Sect. 2. And be it further cna5fed, 'Th^it Waterman Thomas,

Watermnn Efq. be, and hereby is empowered and direfled to iffue his

ThomasjEfq. to y/arrant, directed to fome luitable inhabitant of faid town, re-?

a meeting, q^jj-jj^g j^jj^^j ^q notify the inhabitants of the faid town of

Cufljing, to aiTemble at fuch time and place as he fhall apt

point in the faid warrant, to clioofe all fuch officers as towns

are by law authorized to choofe at their meeting in the month

oi March or April annually.

[This Act palled January 2S, 17B9.]

ISLEBOROUGH, &c. January 28, An. 1789. 221

An ACT for incorporating Long-Ifland Plantation,
with the Illands adjacent, in the County oi Lincoln ^
into a Town by the Name of JJJeborough.

^ TiE it enabled by the Senate and Hoiife of Rep-

yefetitativeSi in General Court ajjemhled^ and by
the authority of the fame, That the trails of land defcribed as
follows, viz. Loftg Ifandy Seven Hundred Acre IJla7tdj Job's Ifl-
andj and the Lime I/Iandsy fituated in Penohfcot Bay, in the
county of Lincohty with the inhabitants thereon, be, and
they hereby are Incorporated into a town by the name of
Ifeborough \ and the inhabitants of faid town of Ifleborough
are hereby inverted with all the powers, privileges and
immunities, which other towns in this Commonwealth do or
may by law enjoy.

Sect. 2. And be it further enacledy That Gabriel Johonnot,
Efq. be, and he hereby is empowered and direfted to iffue
his warrant, direfted to fome principal inhabitant of the faid
town of Ifeboroughy requiring him to notify the inhabitants of
the faid town of Ifeborough, to meet at fuch time and place as
he fliall appoint in the faid warrant, to choofe fuch ofiicers as
other towns are by law empowered tp choofe at their annual
meeting in the month of March or April annually.
[This Ad pafTed January 28, 1789.]

An ACT to incorporate a Plantation on the Eaft Side
of PenobfcGt River, in the County of Lincoln, called
Townfljip Ntwiber Five, or Blue HiM Bay, into a Town
by the Name of Blue HHl.

Cp„_ "DE it enacted by the Senate and Houfe of Rcprefenia-

tives, in General Court afembhd^ and by the authority
of the fame. That the tra£l of land defcribed and bounded as
followeth, viz. Beginning at the north-eafterly corner of Boundarlea.
Townfliip Number Four, on Blue Hill Bay ; thence running on
the north-wefterly line of Townlhip Number Four, to the
north-eafterly line of Townfhip Number Three ; thence by
the lafl: mentioned line to the fouth-wefterly corner of Town-
lhip Number Six ; thence by the fouth-eafterly line of Town-
lhip Number Six to Blue Hill Bay ; thence by faid bay to the
bounds begun at, and including the ifland adjacent, known by
the name of Long If and, with the inhabitants thereon, be,
and they hereby are incorporated into a town by the name of
Blue Hill ; and the inhabitants of faid town are herebv invefteci
with all the powers, privileges and immunities, which the in-
habitants of towns within this Commonwealth do or may by
law enjoy.

Sect,

222 DEER ISLE, &c. 7^;2z^^ry 30, An. 1789.

Nicholas Holt, Sect. 2. And be it further cmicled^ That Nicholas Holty
Efq. to call a Efq. is hereby empowered to iffue his warrant, directed to
■iceting. fome fuitable inhabitant of the faid town of Blue Hilly di-

refting him to notify t]\e inhabitants of the faid town to meet
at fuch time and place as he lliall appoint, to choofe fuch offi-
cers as other towns are empowered to choofe at their annual
meeting in the month of Marth or April annually.
[This A<51 pafled January 30, 1789.]

An ACT fur incorporating Deer IJland Plantation,
Little Deer IJland^ and the llies of Holt, in the County
of Lincoln, into a Town by the Name of Deer yie*

„ ^, iP-S it enacted by the Setiatc and Hoiije oj ReprefenfO'

■*-' tives, in General Court ajfembled, and by the authority
of the fame. That the tradfs of land defcribed and bounded as
follows, viz. Z)?rr //7i^«^/ plantation fo called, Little Deer Ifandy
and the Ides of Holty fituated in the county of Lincohiy with
the inhabitants thereon, be, and they hereby are incorporated
into a town by the name of Deer Jfe ; and the inhabitants of
the faid town are hereby invefted with all the powers, privi-
leges and immunities, which the inhabitants of towns within
this Commonwealth do or may by law enjoy.

„..,,, Sect. 2. And be it further etmBed^ That Gabriel Johcnmty

Gabriel Touon- _,_ -,1 j • n- \ • i-clj

not,Ei"q.tocall Elq. IS hereby empowered to iliue his warrant, directed to
A meeting. foine principal inhabitant of the faid tov/n of Deer Ifey direct-
ing him to notify the inhabitants of the faid town of Deer Ifcy
to meet at fuch time and place as he fliall appoint, to choofe
fuch officers as other towns are empowered to choofe at their
annual meeting in the month of March or April annually.
[This Aft palled January 30, 17^9.3

An ACT to afcertain the Boundary Line between

Tetnpleton and Gerry.

WHEREAS the tov/ns of • Templeton and Gerry have
jointly petitioned the General Court, fetting forth,
that the diipute between them, refpefting their boundary line,
is amicably fettled, and praying that their fettlement may
be eftablilhed by law :

Sect. i. Be it enacted by the Senate and Houfe of Reprcfcnta-

tiveSy in General Court ajf:inbledy and by the authority of the famcy

Dividing line. That the dividing line between Templeton and Gerry ihall be as

follows, viz. Beginning at a point where Hubbarjlon line crolT-

•th the middle of Burnt Shirt Brook ,- thence running up faid

brook>

TEMPLETON and GERHY. January 30, An. 1789. 223

brook, in the middle thereof, until it comes to the fouth line
of the meadow lot nu mber eighty-five, in Templeton^ now own-
ed by Jfaac M'lrick ; thence turning to a ftake and ftones, on
the weft bank of faid. brook ; thence running north feventy-
eight degrees weft, fourteen rods to a dead hemlock, with
ftones about it, which is the fouth-weft corner of faid meadow
lot ; thence north twenty-four degrees eaft:, twenty rods to
a ftake and ftones, an eafterly corner of Benjamin Gallops' 5
land ; thence north twenty-feven degrees weft, one hundred
and forty-four rods, to a ftake and ftones, a corner of Silas
Sawyer's land ; thence north fixty-three degrees eaft, twenty-
three i-ods, to a heap of ftones on a rock, the eafterly corner
of laid Saivyer's land ; thence north twenty-feven degrees
weft, ieventy-two rods, to a heap of ftones on a ledge of rocks
in the line between faid Saivye/s and Ifaac MiricJi's lands j
thence north thirty-two degrees weft, two hundred and twelve
rods, to a ftake and ftones, the north-weft corner of the fecond
divillon lot, number thirty-three ; thence north fifty-eight
degrees eaft, eighty-three rods, to a white pine tree, the fouth-
eaft corner of Samuel LatnFs land ; thence north thirty-two
degrees weft, five hundred and feventy-two rods, to a ftake on
the eaft bank of New Brook ; thence do^vn the middle of faid
brook to Rjyaljlon line. Provided nevertheLfs^ That the farm ProvITo.
of James Caruthy (being divided by faid line) fliall all be fet
to the town of Gerry^ with his polls and eftate.

Sect. 2. And be it further enaBedy That that part of the Certain lands
lands of BarziUai Lamhy Ifaac Lamb, Jofim Lamby John Patchy ^X^^f '£? to
Alexander Part man Davis, Zachariah SymmeSy and Charles Baker, Gerry.
Efq. which lays on the eaft fide of New Broohy fhall be con-
fidered as part of and belonging to the faid town of Gerry.

Sect. 3. And be it fwther enaBedy That the lands of Ed- \^'^^l^f^^^,
mund Brighaniy James Anderfony Jonathan Patch, Silas Churchy jq,,^
Jotham Sawyer, and Jojtah Waity which lay on the weft fide of
laid New Brook, fliall belong to the town of Templeton, and alfo,
that Elias Sawyer, living within the bounds of the faid town
of Gerry, with his polls and the eftate he was pofiefl^ed of, at
the time of the incor,poration of Gerry, Ihall rdmain and
belong to the faid town of Templeton.

[This A(St pafled January ^o, 1789.]

An ACT incorporating the Wardens and Vellry of
Chrift Church (lb called) in Bojion, for certain
Purpofes.

WHEREAS it hath frequently happened, that perfons P'-eambIc
have occafionally occupied pews, in Chrift Church in
Bojlon, (not being owners of the fame) and have negleded to

pay

JJ24 COTTON MANUFACTORY. February 3, An. 1789.

pay the rates or taxes which have been duly afTefled thereon ;
and whereas doubts have arifen whether the Wardens and
Veftry of faid Church, or any other perfons, are legally invert-
ed with swthority, for the purpofe of fuing for and recovering
the fame, as well as for certain other purpofes hereinafter
mentioned :

Sect. i. Be it enacledhy the Senate and Hotife of Reprefenta-^
iiveSy in General Court ajfeinbled^ and by the authority of the fame,
Wardeife and That Amos Wind/hip and John Stoddard^ Wardens, Satnuel
Veflrymen, in- Nickelfon^ James Sherman, George Bright, Jofeph Ballard, John
corporated. Hooton, Charles Williams, Nathaniel Tidmarjlj, John Bright, Wil-
Ham Shaw, Jofeph Cunningham, and Francis Butler, Vefhrymen.
of faid Church, and their fuccelTors in office, are, and fhall be
deemed fo far a body corporate, as to fue for and recover tax-
es, which are now, or may be due upon pews as aforefaid, and
all other debts due to the faid Church, of whatever kind ;
and alfo to fue and defend in all other actions, in which faid
Church may be concerned.

^rofeTfland? ^^'^^' ^' ^"^ ^^ '^ further emEled, That th,e Wardens
&c_ ' and Veftry of the faid Church, and their fucceffors in office,

be, and they are hereby empowered to make fale and difpofe
of any lands, tenements and hereditaments, belonging to the
faid Church, to fuch perfons as fhall purchafe the fame, in fee
liinple, forever, and to make and execute good and fufficient
deeds in law of the fame, and to leafe or otherwife difpofe of
the fame, in the name and behalf of faid Church, as to them
fhall feem neceffary, agreeably and in conformity to the votes
of the Proprietors of faid Church, excepting fuch lands and
real eftate as are and may be given on exprefs condition that
the income thereof Ihall be appropriated to the fupport of
the poor.

[This A6t pafled January 30, 1789.]

An ACT for incorporating certain Perfons by the
Name of the Proprietors of the Beverly Cotton-
Manufadlory.

"HEREAS the promotion of ufeful manufactures, and
particularly fuch as are carried on with materials of
American produce within this Commonwealth, will tend to the
happinefs and welfare thereof, by ijicreafing the agriculture
and extending the commerce of the country ; and whereas
John Cabot, George Cabot, Deborah Cabot, Andrew Cabot, Mofes
Brown, Joflnia Fijher, Ifrael Thorndike, J^mes Leonard, Thomas
Somers, and Ifaac Chapman, all of Beverly, and Henry Higgin-
fon, of Bojion, have alTociated themfelves for the purpofe of

eftablifliing

Preat4pe

COTTON MANUFACTORY. Feb. 3, An. 1789. 225

eftabllfhing the manufa(^ure of cotton and cotton and linen
goodsj and have been at conliderable expenfe in promoting the
faid manufa6lure ; and whereas they have petitioned the Le-
giflature to incorporate them with luch powers and privileges,
as may enable them to profecute tlie bufinefs aforefaid :

Sect. i. Be it therefore enacled by the Senate and Hoiife of
ReprefetitativeSf in General Court aJJ'einbleJy and by the authority of
the fame y That the aforenamed John Cabot^ George Cabot, Deb- Proprietors ta.
orah Cabot y Atidreiv Cabot, Mofes Bro%vn, Jofjua Fifjer, T/h/^/ corporated.
Thorndike, James I^eonard, Thomas Somers, and Ifaac Chapman, all
of Beverly, and Henry Higglnfon, of Bojlon, fo long as they Ihall
be proprietors in the faid manufaflor)^, together with all thofe
who now are or Ihall become proprietors in the fame, are
hereby incorporated forever by the name of The Proprie-
tors OF THE Beverly Cotton Manufactory.

Sect. 2. Provided neverthehfs. That any perfon who now „ ..
is, or hereafter iliall be by force of this Adt, one of the faid
corporation, upon his cealing to be a proprietor as aforefaid,
fhall ceafe to be a member thereof.

Sect. 3. And be it further enacred by the authority aforefaid.
That the faid Corporation are hereby made capable in law, of Proprietors
holding, purchafing, pofleffing and enjoying, to the ufe of the |"^de capable ia
feveral members of the faid Corporation, and to their heirs ^^^ poffeffinf
and alligns, in the fame proportion as they are feverally iute- real and per-
refled in the faid manufaftory, real eftate to the amount of ten ^°"^^ eftata.
thoufand pounds, and perfonal eftate to the amount of eighty
thotf and pounds, and alfo of felling, aliening or difpollng of
the fame : Provided however. That the fame be employed while provifo.
the property of the faid Corporation, in the manufacture of
the articles aforefaid.

Sect. 4. Andbe it further enaSfed by the authority aforefaid. That Corporation
the faid Corporation Ihall be capable in law of fuing and be- "^^de capable of
ing fued, pleading and being impleaded, defending and being |^^"^^^^^°^
defended, in all courts of record and other places whatfoever,
and ihall have fuch officers and fervants as they may hereafter
appoint, and are hereby empowered to make and execute fuch
laws and regulations as may be neceffary for the government of
the faid Corporation, provided the fame fliall in no cafe be
repugnant to the laws of this Commonwealth ; and provided
alio, the penalty annexed to a breach of the faid laws, fliall in
no cafe exceed the fum oi ffty pounds ; and Ihall have full
power and authority to make and ufe a common feal, and the
fame at pleafure to break, alter and revoke ; and in all proceed-
ings of the faid Corporation, the votes of the members fliail be
taken according to the real intereft or number of fhares which
they refpedlively hold in the adlual property of the faid Cor-
poration. Sect.
Vol, I. 2....E

226 ARUNDELL MARSHES. Feb. 3, An. 1789.

Goods ni=i""- Sect. 5. And be it further enacled by the authority aforefaidj
corpTration,^' That all goods which may be manufa(Elured by the fvild Cor-
fhall liave a la- poration, fliall have a label of lead affixed to one end thereof,
bel affixed to which fliall have the fame inipreffion with the feal of the faid.
one end there- Corporation, and that if any perfon fnall knowingly ufe a like
feal or label with that ufed by faid Corporation, by annexing
the fame to any cotton or cotton and iinen goods, not manu-
fakn:ured by faid Corporation, with a view of vending or dif-
poling thereof, as the proper manufadlure of the faid Corpora-
tion, every perfon fo offending Ihall forfeit and pay treble the
value of fuch goods, to be fued for and recovered for the ufe of
the faid Corporation, by action of debt, in any court of record
proper to try the fame.

[This Acl pafTed February 3, 1789.]

w??^^*^' '^^ ^^'^ ^^ prevent Damage being done on the Salt

,1795. Marfiies in the Town of Arundell,\n the County

of i o/7e, by Horfes, Sheep arid Cattle, being fuffer-

ed to run at large, on certain Beaches, Flats and

Necks of Land, adjoining fi\id Marfhes.

q J}E it enact ed by the Senate and Houfe of R.eprefcnta-

■^ tiveSf in General Court affemhled, and by the authority
of the fame^ That from and after the palling this A61:, it fliall
not be lawful for any of the inhabitants of the town oi Armi"
dell, or any other perfon or perfons whofoever, to turn out to
feed or let run at large, any neat cattle, flieep or horJe kind,
on the neck of land and the beach adjoining the fame, known
by the name of the Pines, lying between the rivers called Bat-
fon River and Littk River, m the eafterly part of faid town, nor
on a neck of land adjoining faid Batfon^s River, on the fouth
thereof, and known by the name of Smitl:^s Neck ; nor on any
of the flats wefterly of faid neck, and known by the name of
the Back Cove ; nor on any of the marlhes or beaches on a
certain illand in the faid tovvn, called Pahnei^s alias Vaughan^s IJl-
-' and, from the firft day of April until the laft day of November
Penalty for fuf- annually; upon the penalty of two fuillings per head, for all
fering neat cat- ncat cattle and horfe kind, and fix pence per head for all fheep
tie, Sec. to run fo turned out to feed or let run at large on the necks of land,
at large. beaches, flats or ifland aforefaid, to be recovered by any in-

habitant of tlie faid town of ArundAl, before any Juftice of the
Peace for the county of York, by atSlion of debt ; and all fuch
cattle, flieep or horfe kind found feeding or running at large
on faid necks of laiidj beaches, flats or ifland, iliall be liable to

ARUNDELL MARSHES. Feb. 3, An. 1789. 227

be impounded in the town of AnmdelU and immediate notice Such cattleAc.
thereof ihall be given to the owner or owners of fuch crea- poy^jcd. """
tures if known, otherwife public notice thereof (hall be given
in writing, by poking up the fame in fome public place in faid
town, by the perfon impounding the fame ; and fuch crea-
tures {hall be relieved by'the pound-keeper, with fuitabie meat
and water while impounded ; and if the owner or owners
thereof pppcar to redeem his or her impounded creature or
creatures, he, ilie or they Qiall pay the following fees, vi%. Tnvo ^^^^"f^^"^"^'
JlniUnis to the impounder, for each neat beall or horle kind,
zn<l fix pence for each llieep fo impounded, and to the pound-
keeper, reafonab'e cofts for relieving faid creatures, befides his
fees ellablilhed by law. And if no owner appear to redeem
fuch cattle, (heep or horfe kind fo impounded, within the fpace ^^ "° ovtntt
of four days, and to pay cofts occahoned by impoundmg tnem, ^.3^,}^ ^^^^ ^^^
then -and in every fach cafe, the perfon impounding fuch crea- fold.
ture or creatures, fhall caufe the lame to be fold at public ven-
due, to pay the cofi: and charges arifing thereby ; public no-
tice of the time and place of fuch fale to be given in faid town
of Arundell^ forty-eight hours at leaft previous to fuch fale ;
and the overplus, if any there be, arifing from fuch fale, fhall
be returned to the owner or owners of fuch creatures fo fold,
at any time within twelve months next after fuch fale, upon
his or her demanding the fame : but if no owner appear with-
in the faid twelve months, then the faid overplus fliall be, one
half to the party impounding fuch creature or creatures, and
the other half to the ufe of the poor of the town where fuch
creatures fliall have been impounded.

Sect. 2. Provided Jieverthelefsy That nothing in this Ad Provifo.
fhall be fo condrued as to hinder the owners of Suvfb's Neck,
fo called, from pafturing the fame, in cafe they fliall make a
fufHcient fence on their own part of laid neck, and their part
of fuch fence, where they adjoin to other proprietors of the
marfhes mentioned in this A£l:, and ihall keep the fame from
time to time in good repair.

[This A6t paired February 3, 1789.]

An ACT to fet off Jonathan Hardy from the firft
Parifti in tlie Town of Bradford^ in the County of
EJjex^ and to annex him to the fecond Paridi in faid
Town.

c, "pE it enaEled hy the Senate and Houfe of Reprefentn^

■*~^ tives, in General Court ajfeinhiedt and by the author"
ity oj^ the fame, That the abovefiid Jonathan Hardy, with his
family, and the land he lives on, being about feventy-five acres,
be, and hereby are fet off from the firft parilh in Brndfjrd,
and annexed to the fecond parilh in Bradford, and ihall forever
.kereafter be conijdered as belonging thereto.

Sect.

228 MASS. MEDICAL SOCIETY. Feb. lo, An. 1789.

Sect. 2. Provichd n^wrthelefsy That the faicl HanJy fnall
pay his proportionable part of all the taxes which are already
afieiTed or levied on the laid firft parilh, in like manner as
though this A(Sl had not paffcd.

[This A(St palTed February 9, 1789.]

An ACT for (etting off Jofeph Perkins and Jacob Per-
kins from the South Parifh in Maiden^ and annex-
ing them to the North Parifli in faid Town.

T)F it enaBcd by the Senate and Houfe of Reprefentatives ^ in Gen-
•^ era! Court ajjembledy and by the authority of the fame ^ That
Jofeph Perkins and Jacob PerkinSy with their families, polls and
eftates, lying in the town of Ma/den, in the fouth parifh of
faid town, be, and hereby are fet off from the faid fouth par-
ifh, and annexed to the north parifli of faid Maiden, there to
enjoy parifli privileges, and to pay parifli charges that may arife
within the fame, they to be fubjected to the payment of all tax-
es that may be now due from them or their eftates, to the
fouth parilh, in the fame manner as though this Aft had not
been paffed.

[This A61 paffed February lo, 1 789.]

An ACT in Addition to an Acl, paffed in the Year of
our Lord, One thoufand feven hundred and
eighty-one, entitled, An Adi to incorporate certain
Phyficians, by the Name of The Majfachufetts Med-
ical Society.

Preamble. '\^ THEREAS fome doubts have arifen with refpeft to the
Y V extent of the powers given to, and duties required of,
the faid Society, by the A(St to which this is an addition, touch-
ing the examination of any candidates for the pradlice of
phyfic and furgery, " who fliall offer themfelves therefor, re-
fpefting their fkill in their profeffion," as well as with refpeft
to the authority of the faid Society to demand and receive a
fuitable compenfation for their time, trouble and expenfe, in
examining candidates, and for the letters tellimonial, which
by the faid ACt they are required to give to fuch as fhall be ap-
probated :

For removing the faid doubts,
S c'ct ■ t Sect. i. Be it enailed by the Senate and Houfe of Peprefenta-m

out I'ucli medi- tives, in General Court ajfemhled, and by the authority of the fame y
cal inrtrudioiis That it fliall be the duty of the faid Mafachifetts Medical
for candidates Society, in order more cffeftually to anfwer the defigns of their
jyj proper ij^ftitution, from time to time to defcribe and point out fuch
a medical inllrudlion or education as they fhall judge requi-
fite for candidates for the pradlice of phyfic and furgery,

WILLIAMSTOWN LOTTERY. Feb. 1 1, An. 1789. 229

previous to their examination before them, or their officers
appointed for faid purpofe, rerpe<5ting their Ikill In their pro-
feffion, and fhall caule the fame to be pubHflied in three news-
papers, in three different counties within this Commonweakh :
And every candidate examined and approved by the Prefi-
dent and Fellows of the faid Society, or fuch of their officers
or Fellows as they fhall appoint, Ihall be held to pay fuch rea-
fonable fees of office as fliall be eftabllflied by the faid
Society, for the examination of candidates and letters tefti-
monial in favour of fuch as fhall be approbated ; and the
Treafurer of the ftid Society for the time being, ihall have full
power and authority to fue for and recover the fame, in any
Court proper to try the fame.

Sect. 2. And be it further enaEled, That the eighth enaft- p^^^ ^^ ^ ^^^_
ing claufe of the faid incorporating Aft, making the Prefidcnt mer ad repeal-
er fuch other perfon or perfons as flaall be elected for the ed.
purpofe of examining candidates, each and every of them,
lubje£t to a fine of one hundred pounds, in cafe of obftinate re-
fufal to exumine any candidate offering himfelf therefor, be
^nd it is hereby repealed.

Sect. 3. Afid he it further enaEied, That from and after pj^e for obftl-
paffing this Ad, whenever the officers appointed for examin- nately rcfuCng
ing candidates for the praftice of phyfic and furgcry, fhall to examine
bblHnately and unreafonably refufe to examine fuch as may "^^^ ' ^'^'^®*
apply therefor, refpedling their Ikill in their profeffion, the
officers fo refufing fliall be fubjed to a fine not exceeding
one hundred pounds, nor lefs tlian twenty pounds, to be fued for
and recovered by the candidate injured, and to his own ufe,
in any court within this Commonwealth proper to try the
fame.

[This AOi paffed February lo, 1789.]

Part of " An ACT for granting a Lottery for the
Purpofe of erecting a fuitable Building for the ufe
of the Free School in Williani/iozvnJ'

WHEREAS it appears that it would promote the educa- preamble,
tion of youth to eredl: a fuitable building for the ac-
commodation of the free fchool in Willianifioivn, and the Truf-
tees of faid fchool have reprefented their inability to accom-
plifh the fame without the aid of the Legiflature, and have
requefted that a Lottery may be granted for that purpofe :

Be it etiacledhy the Senate and Houfe of Reprefentatives, in Gen- Lottery rran«-.
eral Court ajfembled, and by the authority of the fame, Tliat ed.
there be, and hereby is granted a Lottery, for railing a fun*
not exceeding twelve hundred pounds, the profits of which, after
paying the neceffary expenfes of managing the fame, fliall be
applied for the purpofe of erefting the aforel'aid building.
[Tfeis Act paffed February 11, 1789.]

230

PORTLAND, kc.

Preamble.

Surveyors em-
powered.

Feb, 13, An. 1759.

An ACT in Addition to an Ad, entitled, " An AS:
for ereclins: that Part of the Town of Fabnotith^ in
the County of Cumberland, commonly called the
Neck, into a Town by the Name oi Portland,**

WHEREAS in and by the aforefaid A6t, the inhabit-
ants of the town of Portland are obh'ged, from time
to time, to amend and repair Prides bridp^e over P efmvfcutt
River, and the Great Bridge over Fore River , fo called, al-
though the fame be not within the limJts of Portland afore-
faid, but the Surveyors of Highways chofen by faid town of
Portland are not by faid A61 exprefsly authorized to remove
incumbrances from the bridges aforefaid, and doubts have
arifen whether fach Surveyors are fo authorized ;

Therefore, Be it enaEled by the Senate atid Honfe of Reprefenta-
tiveSf in General Court ajfetnhled, and by the authority of the fame.
That fuch perfons as Ihall be chofen and qualified Surveyors
of Highways, within the town of Portland aforefaid, according
to an Act, entitled, "An Act making provifion for the repair
and amendment of highways," Ihall have pov/er and authority
to cut down, _ lop off and remove all incumbrances, matters or
things, that Ihall any way ftraighten, hurt, hinder, or incom-
mode the bridges aforefaid, or the paffing over the fame, in
as full and ample a manner as though the fame bridges wer6
within the limits of Portland aforefaid ; any law to the con-
trary notwithflanding.

\T\\is Aii-^z.&d. February 13, 1789.]

Preamble.

An ACT for the incorporating of certain Perfons, for
the Purpofe of making, laying and maintaining a
Boom acrofs Androfcoggin River, in the County of

Lincoln,

■ HEREAS it appears that the laying a boom acrofs the
river Andrfcoggin, in the county of L incoln, from Topf
ham fide of faid river, at Ferry-pointy fo called, to a rock called
Mafon^s rock, about four rods from Brunfwic fhore, for the
purpofe of ftopping and fecuring logs and other lumber,
which is drifted down laid river, would be of great public a»
well as private advantage :

Sect, i . Be it therfore enabled by the Senate and Houfe of Rep-
refeniaiives, in General Court ajjerabled., and by the authority of the
fame. That Samuel Thompfotiy Efq. E%ckiel Thompfony Benjamin
Thompfon, Stephen Purrington, Thzmas Thonipfon, 'james Purring-
ton, James Wiifon^ Humphry Thompfon, arid James Thompfon,
together with luch others as may hereafter become proprietors
in faid boom, be and hereby are conllituted a corporation, for
making, laying and maintaining a boom acrofs the faid river
as aforefaid, fo long as they fhall coJitiiiue proprietoi-s of the

fund

ANDROSCOGGIN BOOM. M. 1 3, An, 1 7^9. 231

fund to be ralfed for that purpofe, together with all thofe who Proprietors in-
are or fhall become proprietors of faid fund, fliall be a body corporated.
politic, under the name of " The Proprietors of the An-
droscoggin Boom," and by that name to fue and profecute,
and be fued and profecuted to final judgment and execution,
and to do and fuffer ail other matters and things, which bodies
politic may or ought to do and fuffer ; and that faid Corpora- Thdr power
tion fhall and may have full power and authority to make, ^"^ authority.
have and ufe a common feal, and the fame to break, alter and
renew at pleafure.

Sect. 2. And be It further enaBed by the authority aforefaid^ Proprietors
That the' fliid Samuel Thompfm, Ezek'iel Thompfon, •^^''f/'^"«« nJ^tin "^^ *
Thompfouy Stephen Piirringtony Thomas Thompfon^ James Purring-
toii, James IVilfoti^ Humphry Thompfon^ and James Thcnipfon, or
any five of them, may, by an advertifement pofted up at fome
public place, in all the towns in which faid proprietors live, call a
meeting of faid proprietors, to be holden at fome fuitable time
and place not lefs than fifteen days after the pofting up faid
advertifement ; and faid proprietors, by a vote of the major
part of the proprietors prefent, or reprefented at faid meeting, Proprietors
fhall choofe a Clerk, who fhall be duly Iworn to the faithful ^^l' choofe a
diicharge of his office -, and Ihall alfo agree upon a method for Cl^''k'^^^e^y-
calling future meetings of faid proprietors ; and at the fame
or any fubfequent meeting may make and efbablifh any rules
and regulations, that fhall be necefTary or convenient for regu-
lating the faid Corporation, for effecting, completing and exe-
cuting the purpofe aforefaid, or for collecting the fees hereafter
granted ; and the fame rules and regulations may caufe to be
kept and executed, or for breaches thereof may order and en- Provifp.
join fines or penalties not exceeding four pot^rids. Providedy
That the faid rules and regulations are not repugnant to the
laws or conflltution of this Commonwealth ; and the faid
proprietors may alfo choofe and appoint any other officer or
officers, in the faid Corporation, which they may judge necef-
fary •, and all reprefentations made at fuch meetings fliall be
made in writing, and figned by the perfon making the fame,
which fhall be filed with, or recorded by the Clerk ; and this
Aft, with all rules, regulations and, votes of the faid Corpora-
tion, fhall be fairly and truly recorded by the faid Clerk, in a
book or books for that purpofe to be provided and kept.

Sect. 3. And be it further enaEled by the aulhoi iiy aforefaid.
That the faid Corporation fliall be entitled to and receive of
the refpe<Stive owner or owners of logs and other lumber by
them flopped in faid river, rafted and properly fecured for the
owner (except boards or other lumber cut at the mills, on the p fo ft ,
river above the faid boom) the following refpeftlve fees, I'/z. plug lumber.
For each mz^fourfJjilUfigs; for each log or logs, fufficient to
make a thoufand feet of boards, tivofhillings ; for each boom,
/our Shillings ; for each hovfii^xitf four Jhilli/igs s for each ton of

oak

,333 ANDROSCOGGIN BOOM. Feb, 13, An. 1789.

oak timber, two fnllings ; for each ton of pine timber, one J}nl~-
ling and fix pence ; for each hundred of ranging timber, one
ffjUUng ; for each thoufand of fhingles, eight pence ; for each
thouland of ftaves, oneJlMllng; for each thoufand of clap-
boards, onefiilling ; and for any other kind of hmiber, in the
fame proportion, according to the quantity : Provided howevery
frovlfo. That the fees aforefaid flaall at all times hereafter be fubjedt to

the revilion and alteration of the legiflature.

Sect. 4. And be it further enacted by the authority aforefaidy
Corporation That for the fecuring and recovering the payment of the faid
empowered to refpe(Slive fees, it fhail be lawful for the laid Corporation, by
retain lumber ^j^ j^. fgy^ral agents and fervants to be appointed as aforefaid.

Hopped, untu , , , , ° • i 11111 n ,

payment of the to hold and retam any logs or other lumber by them Hopped
feea. in laid river, rafted and properly fecured for the owner as

aforefaid, until paym.ent, or tender of the faid refpeftive
fees, which iliall have thereby become due to the faid Corpo-
ration. And it flxall be the duty of the faid Corporation, their
agents and fervants as aforefaid, on payment or tender of the
faid ferpetStlve fees as aforefaid, to reftore and acquit to the
owner or owners claiming the fame, and producing, if i^equlred,
reafonable proof, of his, her or their property therein, of all
fuch logs and other lumber which fliall be at any time flopped
and fecured as aforefaid ; and on failure thereof, the faid Cor-
poration fhall forfeit and pay to fuch owner or owners double
the value of fuch logs, or other luipber fo unlawfully detained
and converted as aforefaid, to be in lieu thereof, and to be re-
covered by the faid owner or owners, by adlion to be brought
and purfued before any Juftice of the Peace, or other court
within the faid county, having jurifdiction of fuch fuit.

Sect. 5. And be it further enacted by the authority aforefaidy
fi" no owner ap- That if within fix months from the time of fecuring fuch logs,
jpear wi un ix other lumber, no owner or owners Ihall appear to claim

montris, duty . r- • i • n ii i ' i

of the corpora- and receive the fame, paymg fees as aforelaid, it lliah be the
tion in fuch duty of the laid Corporation, their agents and fervants as
cafes. aforefaid, to publilh and advert ife, for the fpace of feven days

at the leail, at the towns lying on the faid river, all fuch re-
maining logs and other lumber, defcribing the fame as nearly
as may be, with any marks appearing thereon. And if after
the expiration of fourteen days from the time of polling fuch
advertitbments, no owner or owners fhall appear as aforefaid,
all fuch logs or other lumber fliall be fold and difpofed of at
public vendue, for the moll that can be obtained, and the
proceeds of fuch fale Ihall be retained and held by the faid
Corporation for the fpace of one year thereafter ; and any
perfon or perfons proving within that time their right in the
faid logs or other lumber, which have been fo fold as afore-
faid, fliall be entitled to the overplus of fuch proceeds, after
dedudling the refpe(ltive fees due for faving the fame, together
with all charges incurred by fuch advcrtifements and fale.

And

FREEPORT INCORPORATED. Feb, 14, An. 1789. 433

And if no owner or owners fliall appear within that time,
the faid overplus fliall be paid, one half into the treafury of
the county of Cumberlandy and the other half into the treafury
of the county of Lincoln. Provided neverthelefsy That the faid Pi'ovifo.
Corporation fliall lodge with one of the Town-Clerks of the
faid towns of TopJJjam and Brwifnvic, within ten days after
fuch fale, a memorandum in writing of the faid logs, or other
lumber, defcribing the fame as near as may be, and an account
of the proceeds of the fale thereof, figned by the clerk, or
one of the agents or officers of the faid Corporation, for the
time being.

[This Aft pafTed February 14, 1789.]

An ACT for incorporating the north-eafterly Part of
the Town of North-Tarmouthy together with a Tract
of Land, called Proufs Gore, in the County of Cum-
berland, into a feparate Town, by the Name of
Freeport.

m T)E it enaffed h'j the Senate and Honfe of Reprefenta-

•*-' tivesjin General Court ajfembledy and by the author-
ity of the fame y That the lands hereafter defcribed, viz. Begin- Boundarlet.
ning at the rear or back line of faid town of North-Tar mouthy
which divides faid North-Tarmouth from the town of New-
Glouce/ler, where the line between the Two hundred and eighty
acre Divi/ton, and the Four hundred and fifty acre Diviftony inter-
fefts or ftrikes the faid back line, thence running on faid line
between the Tivo hundred and eighty acre Divifiony and the
Four hundred and fifty acre Divifion, in faid North-Tarmouth y
until it meets with the line called the Old-Town lincy thence
running wefl:erly on faid Old-Town lincy till it meets or ftrikes
the lihe dividing the Hundred and twenty acre Divifion^ from
the Hundred acre Divfion., on the eafl: fide of Royals River,
(fo called) in faid town, thence running on the laft men-
tioned dividing line, and continuing that courfe till it ftrikes
the channel of the eaftern branch of Cozen^s River^ thence
running down the channel of faid eaftern branch of Cozen's
River, till it comes as near as may be to a certain point of
land, called Lane's Pointy thence running an eaft-fouth-eafl:
courfe, into the bay or fea ; and that all the iflands which
may be interfered by the eaft-fouth-eaft line aforefaid fliall
belong to the town of Norih-Tarmouth, and that all the lands
and iflands on the north-eafterly fide of the above defcribed
line, which before the pafllng of this A<Sl belonged to the
town of North-Tarmouth, together with a tra6t of land knowm

t
Vol. t 2....F

234 FREEPORT INCORPORATED. Feb. 14, An. 1789.

by the name of Proufs Gore, laying between faid North-Tar-
niouth and Brtinfivichy with all the inhabitants dwelling or re-
iiding on the land above defcribed, be, and they are hereby
Freepnrtincor- incorporated into a town by the name of Freeport ; and the faid
porated. town is hereby inveftod wivh all the powers, privileges and

immunities, to which towns within this Commonwealth are
or may be entitled, agreeably to the conftitution and laws of
this Commonwealth.

Sect. 2. And he it further enacted by the (Wthority nforcfaidy

To pay all ar- That the faid town of Freeport {hall pay all the arrears of

rears of taxes, taxes, which have been aiTeiTed upon them, together with

their proportion of all debts that are now due from the faid

town of North-Tar mouth i contracted for carrying on the war,

or for any other purpofe ; and that all queftions relating to

property already exifting fliall be adjufted and fettled in the

fame manner as if this Adt had not been made ; and that the

town ftock of military ftores fliall be eftimated and divided

in the fame proportion that each town paid at the time of

To fupport ^^6 purchafe thereof. And that no pauper or paupers fhall

their ownpoor. be fent from either of the aforefaid towns to the other, to be

publickly fupported after this incorporation^ but each town

fliall fupport their own poor. And if any perfon or perfons,

heretofore belonging to the town of Nortl>-TarmoHth aforefaid,

and having removed from thence, Ihall be returned thither

again, and become a public charge, the fame fliall be paid by

the two tOAvns aforefaid, in proportion to the tax laid on them

feverally, from time to time. "

Sect. 3. And be it further enaBed by the authority aforefaid^

Future taxes That all future taxes levied on the two towns aforefaid, pre-

how affefled. vious to a new valuation, fhall be aflefTed, three-fifths on

North-Tarmouth) and two-fifths on the town of Freeport, until

the further order of the General Court.

And whereas under the prefent mode of taxation, uhim-

proved lands are fubject to taxation : Therefore,

Claufe refpea- Sect. 4. Be it further enaBed, That any inhabitant or in-

ing unimprov- habitants, living in either of the towns aforefaid, and owning

ej lands. unimproved lands in the other town, upon his giving in his

name, the number of his lot or lots, with the number of acres

contained therein, to the clerk of the town, where the faid

lands doth lay, fliall be taxed for the fame, and be confidered

in law, as a refident proprietor in that town, in every refpect

relative to fuch tax or taxes.

Sect. 5. And be it further enaBed by the authority aforefaid^
SamuelMerrlll, That Samuel Merrill, Efq. be, and he is hereby direded to
Efq. to call a j^yg j^jg warrant to fonie principal inhabitant of Freeport, re-
meetmg. quiring him to notify and warn the inhabitants of faid town

NATURALIZATION. February 14, 1789. ^35

of Freeport, qualified by law to vote in town affairs, to meet
at fuch time and place as therein fhall be fet forth, to choofe
all fuch officers as any of the towns within this Common-
wealth by law have a right to elect, in the month of March
or April annually ; and the oflicers fo chofen fhall take the
oath by law required to be taken.

[This h€i paiTed February 14, 1789.]

An ACT for naturalizing James FLuyinan and others,
therein named.

"HERE AS James Huyman^ late of Rotterdam^ now rfe- Preamble,
liding in Bojloriy James Henry Laug'ier de TaJJy, late of
the Seven United Provinces^ now reliding in Bojlon^ Samuel JVef-
ton^ late of the ifland of Madeira^ now refiding in Bojlon^ John
Hicks and Fanny Hicks, his daughter, now refiding in Bojlony
Frederick William Geyer,r\o\f refiding mBoJIon, Charles Vaughan^
now refiding in Hallonvell, in the county of Lincohty William
Davisy late of Great-Britaiuy now refiding in Windfor, in the
county of BerkJInre, James Scobie, late of Scotland, now refiding
in Marblehcady in the county of EJfex, Daniel Wright and Kaly
his wife, late of Great-Britain, now refiding in Salem, in the
county of Fjfex, and Nathaniel Chandler, refiding in PetetJJjam,
have petitioned the General Court, that they may be natural-
izedp and be thereby entitled to all the rights and privileges
of free citkens of this Commonwealth :

Sect, i . Be it eimtled by the Senate and Houfe of Reprefenta^
tiveSy in General Court ajfembled, and by the authority of the fame.
That the aforenamed James Huyman, James Henry Laugier de jamesHuytnan
TaJJy, Samuel Wejlon, John Hicks and Fanny Hicks, his dauQ^hter, a>^tlptliers,nat-
Frederick William Geyer, Charles Vaiighan, William Davis, "'^"^^"•
Jamks Scobie, Daniel Wright and Kaiy his wife, and Nathaniel
Chandler, (they the faid James Huyman, James Henry Laugier
de Taffy, Samuel Wejlon, John Hicks, Frederick William Geyer,
Charles Vaughan, William Davis, James Scobie, Da?iiel Wright,
and Nathaniel Chajidler, firfl: feverally paying to the Secretary
fuch fees as may be by law required of them, and taking and
fubfcribing the oath of allegiance to this Commonwealth, be-
fore two Jufi;ices of the Peace, (quorum unusj Ihall be deemed,
adjudged, and taken to be free citizens of this Commonwealth,
and entitled to all the liberties, privileges and imuTiunities of
natural born fubjedts.

Sect. 2. And be it further enaffed by the authority aforefaid. Certificates of
That the Juftices before whom the perfons aforenamed may oaths to be re-
refpectively take the oaths aforefaid, fliall return a certificate ^"^"^^•
of the fame into the Secretary's office, to be entered on the
records of the Commonwealth.

[This Aft paflTed February 14, 1789.]

236 PORTLAND. Mruary 14, An. 1789.

An ACT to empower the Inhabitants of the Town of
Portland^ belonging to the feveral Religious Societies
within the fame, to raife Money for defraying Min-
ifterial and other Charges.

P eambl "W THEREAS application hath been made to this Court,

W to enable the inhabitants of Port/and, belonging to
the feveral religious focieties within the fame, to raife money
by levying taxes on the pews in their refpe6tive meeting-
houfes, and on the polls and eftates of thofe who attend pub-
lic worfhip with them, to defray the mlnifterial and other
incidental charges, and that the inhabitants of faid town may
be exempted from paying towards the fupport of the miniftry,
other than taxes on pews at any other place than where they
attend :

Sect, i . Be it therefore enaEled by the Senate and Hoiife of

ReprefentativeSy in General Court ajpmbled, and by the authority of

Proprietors oi ^^^^ f^'^^^i That the proprietors of the feveral meeting-houfes

meeting-houfes in the town of Portland be, and they are hereby empowered,

empowered to j-q j^^ife by an afTeflment or tax on the pews of the refpe^live

taxes on jnegting-houfes aforementioned, fuch fum or fums as fhall be

agreed upon by the proprietors, or the major part of fuch of

them as fhall be affembled at any legal meeting called for that

purpofe, for defraying the minifterial and other incidental

charges, which meeting fhall be warned agreeably to the pro-

vilions of an A£t, entitled " An A61 for the bettej; managing

lands, wharves, and other real eftate lying in common."

Empowered to Sect. 2. jind be it further enacledy That the proprietors of

caufe the pews ^.j^g refpecStive meeting-houfes be, and hereby are empowered,

to caufe the pews in each of the aforefaid meeting-houfes to

be valued, according to the conveniency of faid pews, and

lituation of the fame, from time to time, as fhall be found

neceffary, and to determine how much each pew or part of a

pew fhall pay towards defraying the charges aforefaid, and

the time and manner in which the fame fliall be paid, and, if

need be, to appoint a collector, to colledl the fum or fums fo

In cafe of neg- agreed to be raifed ; and if any proprietor or owner of a

le(ft, or reiufal pew fhall negledl or refufe to pay the fum or fums afleffed

to pay the fums thereon, after having two months notice by the colle£lor or

pews^ liiav be Proprietors of faid meeting-houfes, they fhall be, and hereby

dil'pofed of. are empowered, by themlelves or their committee, to fell

and difpofe of the pew or pews of fuch delinquents, for the

fums due, as afTefi'ed thereon, according to the valuation

thereof as aforefaid, and with the monies raifed by fuch fale

to pay the afleffment or tax on faid pews remaining unpaid,

together with the charges arifing on the fale ; the overplus

(if any there be) to be returned to the owner thereof.

Sect.

PORTLAND. February 14, An. iy^» 237

Sect. 3. Provided nevefihekfsy That when the owner of Provlfg.
any pew Ihall make a tender of the fame to the proprietors,
or to their committee at the valuation aforefaid, and they {hall
refufe or negledl to take the fame, no fum fliall be deduced
out of the Tale of faid pew or pews, but fuch only as fliall
have become due before the making fuch tender.

Sect. 4. u^tid be it further enaEled^ That the inhabitants of In^abitamsem-
each refpedive parilh in faid town be, and hereby are empow- ^g°7^gjf *° *^*
ered, to tax or affefs the feveral perfons occupying pews or cupying pew«
parts of pews, and all others ufually attending the public wor- orpartsofpews,
fhip with them, for their polls and eftates lying in the town ^'^'^P'"'^'"^ . **

• . ^ O tnClT fllDllltlCSW

aforefaid, according to their feveral abilities and circumftances,
in order to raife monies fuSicient, together with what may be
affefTed on the pews, to defray their minifterial and other in-
cidental charges \ and the affefTment or tax fhall be made and
colle«n:ed by fuch rules as parifh taxes are made and colle<Sled
by; and henceforth the inhabitants oi Portland aforefaid fliallbe,
and are hereby entirely exempted and free from paying taxes
either for their polls or eftates, lying within the bounds of the
faid town, other than pew taxes, towards defraying the minif-
terial and other charges of any place or fociety than where
they ufually attend, which fliall be determined by their giving
in their names to the Town-Clerk, in the month of February
or March annually.

Sect. 5. Provided always^ That they pay all the taxes al- Provifo,
ready legally aflelTed on them. And provided further^ That
where any^ inhabitant of the faid town fliall negledt or j-efufe
to attend public .worlhip with any religious fociety in the faid
town, he fhall be coniidered as belonging to the oldeft reli-
gious congregational fociety in that town, and his poll and ef-
tate fhall be taxable towards maintaining religious worfhip in
fuch fociety.

Sect. 6. And be it further enaEled^ That nothing in this Nothing in thw
A6t fhall extend to, or be conftrued to extend to, or in any ^^ ^^'^ ^^^^
manner a£fe6t any of the claufes and provilions which concern ^"^ a" fom«
or relate to the fupport, maintenance or falary of the Reverend Aft.
Thomas Smithy contained in an Adl, entitled " An Aft for in-
corporating a number of the inhabitants of the town oi Portland^
in the county of Cumberland^ into a diftinft and feparate reli-
gious fociety ;" but the fame claufes and provifions fhall re-
main in full force, any thing in this A6t fuppofed to be to the
•ontrary notwitliftanding.

[This Ad pafled February 14, 1789.]

238 SHAD and ALEWIVES. February i6, An. 1789.

Aft for contin- ^^ ACT to prevent the Deftruflion of the Fifli called
uJng this A<5t, Shad and Alewives in Mvjiick River, fo called, with-
Wobum'"'^ind ^" ^^^ ^*^w"^ o^ Cambridge, Charlejiown and M^^-
Maiden, Feb- j/^r^, and foF repealing all Laws heretofore made for

ruary 27,1794. that Purpofc.

beparate pro- ^

vifion for Med- 'V'V THERE AS the fifliery in Mvflich River, in the county
'^rd, by Ad, ^ -^ of Middle/ex y if properly regulated will be of great

1803"^^^ ^^' Public utility, as it ferves to promote the cod fifliery, and is al-
io of advantage to the particular towns through which the rlv-

Preamblc er runs, affording in fome meafure fublifience and fupport to
the inhabitants thereof, and is therefore neceffary to be pre-
ferved :

Sect. I. Be it enaEled by the Senate and Houfe of Reprefcnta-
tiveSf in General Court ajjembled, and by the author it'^ of the fame ^

Towns empow- That the inhabitants of the towns of Cambridge, Charlflo%vfi,^ndL

cred to choofe Medford, refpedlively, at a town meeting to be held in the

a committee ^-^(^^{ths of March or Jpril annually, at the time of choofin?
other town officers in their refpeftive towns, be, and they
hereby are authorized and directed, to choofe for each of faid
towns three fuitable perfons, in their refpeftivetowns,asa "Com-
mitteefor the prefervation ofFi/Jj" who fball be fworn to the faith-
ful difcharge of their duty, and the faid Committee or the major

Their power part oi them, in their own town, fliall have full power and au-

and authority, tj-^ority to caufe the natural courfe of the faid river, and the
flreams running into it to be kept open and without obftruc-
tion, and to remove all fuch obftruclions as may be found there-
in ; and to make the paflage-way wider or deeper, if they fhall
find it neceffary. And the faid Committee or a major part of
them, in their refpedlive towns, fhall have authority for fuch
purpofes to go on the land of any perfon which may border
on faid river or ftreams, without being coniidered as guilty of
a trefpafs, and to remove acrofs fuch land any fuch obftruc-
tions, implements or tools, as may in any way impede, obftrudt
or hinder any filh from paffing freely up and down faid river
or ftreams, otherwife than by this A61 is provided. And any
perfon who fhall hinder or obftruft iaid Committee or a ma-
jority of them, whether in croffing fuch lands or in executing
any part of the bufinefs by this A61 affigned them, fhall forfeit
and pay for every fuch offence, a fum not exceeding three
pounds, nor lefs than tiventy fhillings, to be recovered in any
Court proper to try the fame.

Sect. 2. And be it further enaBed by the authority aforejaidy

vT cn. n, II That no fliad or alewives fhall be caught in any of the above-
No filh Ihall . Tijr in 1 -n-i • 1 r-j •

l)e caught, ex- mentioned towns, above Medjord Bridge, m the laid river or

cept as provid- ftreams, or in Myliich Pond or Spy Pond, whether with a feine,

ed by this Ad:, drag-net, marlh-iiet, bafl<;et, or any other implement of that

^' kind or made to anfwer fuch purpofe, except as is hereafter in

this

SHAD and ALE WIVES. February i6. An. 1789. 239

this Aft provided : And every perfon offending herein fhall
upon due convitSlion forfeit and pay the fuin of three pounds^ for
every fuch offence, and fliall alfb forfeit the implements or
tools ufed in committing the offence. And no perfon flaall at
any time place any kind of obflrudlion in faid river, flreams
or ponds, which may obftruct or hinder any fhad or alewives
from palling up or down the fame. And no perfon fliall be
permitted, by dilturbing the waters aforefaid, or by any other
means, to reftx-ain or interrupt any of thofe fifh in their pafTage
up and down faid river and ftreams. And every perfon offend- Penalty for of-
ing in either of thefe particulars fhall, upon convidlion, forfeit fending.
and pay the fum of three pounds^ for every fuch offence ; and
every wear, net, or other obflrudtion, matter or thing placed or
ufed for fuch purpofe, Ihall alfo be forfeited, if found in any
of the waters aforefaid, and fhall be difpofed of by faid Com-
mittee or a majority of them, for the fame purpofe as the oth-
er forfeitures are to be applied to by this Act, fo far as the
proceeds of the fale fliall not be neceffary for the particular
appropriations in this Adl.

Sect. 3. Be it further enaSled by the authority aforefaidj That
in order to fecure to faid towns of Cambrldgey Charlejlown^ and
Medford, their equal benefit from faid fifliery, the inhabitants
of the town of Cambridge iliall, within the limits of that town,
have full right to catch with any kind of net, feine, or other
filhing implement, any fhad or alewives, on Monday^ Tuefday Times fet for
and Friday^ in every week, from the firft day of March to the "'habitants to
laft day of June incluflvely ; and the inhabitants of Charlcjlonvn ' '
and Medford fhall, in like manner, in their refpeclive towns,
have full right to catch any fliad or alewives in the waters
aforefaid, on Monday^ Wednefday and Friday^ in every week
included in faid term.

Sect. 4. Be it further enacted hy the authority aforefaid. That Every inhabiN

every perfon, beine an inhabitant of either of thofe towns, fhall, ??' ^^^"' ^"

, •'.^ , . ° ... „ , . r his own town, t

each m his own town, m the river, ftreams and ponds afore- j^^^g jj,^ j.- j^^

faid, with any kind of fifliing implement, on thofe days only, of catching fifh

which are with refpedl to each of faid towns before-mentioned, o" 5^^ ^^^^

have the right of catching faid fifli, between fun-rifing on faid ^^^^^'°"^ •

days before-mentioned until fun-rifing on the next day ; and

no obflruflion, inftrument or tool fhall be fet, placed or ufed,

for the purpofe of hindering or catching of the fifh aforefaid,

in the waters aforefaid till the fun fhall be rifen on faid days ;

nor fliall any fuch inflrument be permitted to remain or be ufed

in faid river, ftreams or ponds, after the riling of the fun as

afore-mentioned \ and no fuch obftruiftion fliall be allowed to

be placed, ufed or to remain in faid river, flreams or ponds,

on any other days or times than is herein limited and prefcrib-

ed, under the fame penalties and forfeitures, to be hicurred by

any

d4p SHAD and ALEWIVES. February i6, An. 1789.

any and erery perfon placing or ufing the fame, as are pro-
vided by this A61 to be forfeited and paid by perfons catching
faid fifli, except as this Act provides.

Sect. 5. Be it further enabled by the authority aforefaidi That
Penalty if In- if any inhabitant of any other town fhall at any time take or
habitants ^^^of j^j^der fhad or alewives, within the limits of either of faid
towns take or towns, without leave firft obtained from the fele^tmen of the
hinder fhad or town in which he fliall take or hinder thofe fifli, or unlefs the
■lewives, with- perfon taking or hindering them fhall be immediately in the
eave. employ or fervlce and labouring for the benefit of feme in-
habitant of fuch town, every perfon fo offending fhall, upon
a due convi6lion, forfeit and pay the fame penalties and for-
feitures as by this A^t are provided againft perfons taking, ob-
ftru<Si:ing or hindering faid fifh at any other times than thofe
particularly permitted.

Sect. 6. Be it further enaBed by the authority nforefatdj
Committee au- That the faid Committee, or a majority -of them in their re-
thorized to fpedlive towns, fhall have full authority to execute this Aft,
feize, remove {q {^x as relates to feizing, removing and felling any imple-
offell, ^"yjj?^ ments or tools, ufed for hindering, taking, diflurbing or turn-
for hindering ing back the filh in faid river, flreains or ponds, and in and af-
«r taking filh, ter the execution of faid trufl, they fliall not be confidered as
*c. guilty of a trefpafs therein, nor fhall any adllon lie againft them

or either of them for any necelTary damage done to the lands
or fences of any perfon in executing laid truft ; but if the
proceeds of the fale of faid implements, or other materials, fhall
be found infufficient to defray all the neceffary charges, and
the reafonable fees of the Committee, not exceeding four ^jH-
lings to each committee-man, for each day fo fpent by him,
and alfo all reafonable and neceffary affiftance ; then the re-
mainder of fuch damages and cofts fhall be recovered in an
action of debt, to be brought by the perfons to be benefited by
the fame ; whether committee-men or perfons owning the
lands or fences damaged, with all the cofts of fuit againft the
perfon committing the offence, in any court proper to try the
Penalties how fame, within the county of Aliddhfex: And the faid commit-
fecovcred. tee, or any other perfon, may fue for and recover upon due
and legal conviction, in any court proper to try the fame, all
penalties which fhall arlfe, or become due in their refpedtive
towna, for any breach of this A6t, either upon adtion of debt,
or upon indictment or information ; one half of the penalty
to accrue to the perfon recovering the fame, the other half to
be paid to the Treafurer of the town where the oftence was
•ommitted, for the ufe of the poor of the fame town.

Sect.

BENJAMIN HODGES fet off, &c. Feb. i6, An. 1789. 241

Sfxt. 7. Be it further enacied by the authority aforefaid^ That
all iines and penalties that may be incurred for a breach of
this A*St, not exceeding four pounds^ may be fued for and re-
covered before any Jiiilice of the Peace for the county of
Middlifex, faving the right of appeal to any perfon aggrieved,
by the fentence of faid Juftice, to the Court of General Sef-
iions of the Peace, next to be holden for faid county.

This Aft to be in force for the fpace of five years from the Limiution.
firll day of March next, and no longer.

[This Aft paired February i6, i 789.]

An ACT for fetting off Benja?mn Hodges from the
Town of SWigbtm, and annexing him to the Town

of Sharon.

„ , T)E it enaEfed hy the Senate and Houfe of Reprefent"

ativesy in General Court ajjimbled, arid by the
authority of the fame^ That Benjamin Hodges, with his familv and
eftat-e, lying in Stoughton^ adjoiniiig to Sharon line, be, and are
hereby fet off from the town of Stoughtan, and annexed to and
incorporated with the town of Sharon.

Sect. 2. Provided neverthe/efs, That hcj the faid Hodges^ pay Provlitr.
to the town of Stoughton, his proportion of the debts that the
laid town now owes, to be computed according to his propor-
tion of the laft State tax.

Sect. 3. Atid be it further enaBed by the authority aforefaid,
That the alleflors of the town of Stoughton be, and they hereby '^'^ ^V "'1
are authorized and empowered to allefs upon faid Hedges his ^e^t.°^ ^°
proportionable part of the debt the faid town of Stoughton now
owes as aforefaid, and to commit the fame alTeffment to a Con-
ftable oi the town of Stoughton^ who is hereby authorized and
empowered to coUeft it, in the fame way and manner he could
have collefted it if faid Hodges had ftill remained to the town
of Stoughton.

[This Aft paffed February 16, 1789.]

An ACT for incorporating the Plantation Number
One, on the Eaft Side of Union River, in the Coun-
ty of Lincoln, into a Town by the Name of Trenton*

c P^ it-enaFled by the Senate and Houfe of Rep'-

xJ refentaiives-, in General Court afcmhledy and by
the authority of the fame, That the plantation Number One,
on the eaft fide oi Union River, and included within theboun- Boundaiiea.
daries hereafter defcribed, beginning on Frenchman's Bay, at
Vol. I. 2....G the

242 GOLDSBOROtJGH INCORP. Feb.16, An. 1789.

the fouthwelt corner bounds of townfliip Number Two, and
Jjounded on the eaft by the weft line of faid townfliip Number
Two, northerly by the fouth line of townlhips Number Seven
and Number Eight, wefterly by Union River y and foutherly by
the fea to the bounds begun at, together with the inhabitants
thereof, be, and they are hereby incorporated into a town by
the name of Trenton : And the faid town is hereby vefted with
all the powers, privileges and immunities which other towns
in this Commonwealth by law do or may enjoy.
Nicholas Holt, Sect. 2. -/ind he it further enacled^ That Nicholas Holt, Efq.
Efq. to call a be, and he hereby is empowered to ilTue his warrant, direfted
meeting. ^^ fome principal inhabitant of the faid town of Trerrton, re-

quiring him to notify the inhabitants thereof to meet at fuch
time and place as he fhall therein appoint, to choofe all fuch
officers as towns are by law required to choofe at their meet-
ing in the month of March or April annually.

[This A£l paiTed February i6, i/Sp.]

An ACT for incorporating the Plantation of Goldf-
borough, fo called, in the County of Lincoln, into a
Town by the Name of GoldJhorougLu

„ T)E it enacled by the Senate and Jioiife of Reprefentd"

JJ -tlijcs, in General Court ajjcmblod, and by the authority
cf the fame, That the plantation of Go/c^icrc//^/^, included with-
Soundarics. jj-, ^j^g boundaries hereafter del'cribed, beginning at Frenchman's
Bay, at the bound mark, between Goldfborcugh^ and townfliip
Number Two, thence running eafterly by the fouth lines of
townfliips Number Tv/o and Number Seven, to Goldjhorough
jFf«;'^o?/r, then eafterly, foutherly and v/efterly, by the bay to the
bounds begun at, including Stave If and, Jordan^ s If and, Iron-
hound If and, the Porcupine If and, (lb called) Horn Ifatid, Tur-
tle If and, and Scooduk If and, together with the inhabitants
thereof, be, and hereby are incorporated into a town by the
name of Goldjhorough. And the faid town is hereby vefted with
all the powers, privileges and immunities which other towns
in this Commonwealth by law do or may enjoy.

Sect. 2. jiijid be it further enacled, That Alexander Camp-

Alex.Campbell bell, Efq. be, and he hereby is empowered to iflue his warrant,

Efq, to call a diredled to fome principal inhabitant of the faid town oiGoldf-

jneetmg. ^ii^,. ^^^^.^^^^^ requiring him to notify the inhabitants thereof to meet

at fuch time and place as he fliall therein appoint, to choofe

all fuch officers as towns are by law required to choofe at their

meeting in the month of March or April annually.

[This A€t pafled February 16, 1 789.]

SULLIVAN, &c. February i6,iy, An. ly^g, 243

An ACT for incorporating the Plantation Number
Two, on the Eaft Side of Union River, in the Coun-
ty of Lincoln, into a Town by the Name of Sullivan,

„ TyE it enacted by the Sefiate and Houfe of Reprefetita-

• • -O tivesy in General Court ajjembled, and by the authority
of the fame y That the plantation Number TwOj on the eaft lide
of Union River, and included within the boundaries hereafter Boundark*.
defcribed, beginning on Fretichman^ s Bay, at the foutheaft
corner of townihip Number One, and bounded on the weft
by faid townfhip Number One, on the north by townfliips
Number Eight and Number Nine, on the eaft by townfliip
NumberSeven,and on the fouth hy GoUyborough ^nd Frenchman's
Bay, to the bounds begun at, including I/land A, Bean Ifand„
Dram Ifland, Preble If and, Bragdon If and. Burnt If and. Black
If and, and Soivard If and, together with the inhabitants there-
of, be, and they hereby are incorporated into a town by the
name of Sullivan. And the faid town is hereby invefted with
sll the powers, privileges and immunities, which other towns
in this Commonwealth by law do or may enjoy.

Sect. 2. And be it further enacted. That Alexander Camp- Alex. Camp-
^£'//, Efq. be, and he hereby is empowered to ilTue his warrant, bell,Efq. tocali
diredted to fome principal inhabitant of the faid town of Sulli- ^ "^^^ "^^'
•van, requiring him to notify the inhabitants thereof to meet
at fuch time and place as he Ihall therein appoint, to clioofe
all fuch officers as towns are by law required to choofe at their
meeting in the month of March or April annually.
[This A6t paifed February 16, 17B9.]

An ACT to enable the Proprietors of a Marfh lying
in the Towns of Maiden and Chelfea to make and
maintain a Dam, for the better improving of the
Hiid Marlh.

WHEREAS Samuel Danforth, Samuel TVatts, Benjamin prcambk
Blaney, Efq. Ifaac Smith, Daniel Waters, Ezra Sargent,
Efq. Nehemiah Oakes, Calvin Chittenden, Mofes Collins, Jonathan
Green, Mary Huugh, Jofeph Whittemore and Aaron Dexter, Efq.
proprietors of a marfh lying on each ftde of If and River, run-
ning into the towns of Maiden and Chelfea, have requefted the
General Court to authorize them to make and maintain a
dam, for the purpofe of fencing out the fea from the faid
marlh, and it appearing that great improvements might there-
by be made in the faid marfli, tQ the benefit of the faid pro-
prietors, as well as the public :

Sect. i. Be it enacted by the Senate and Houfe of Rep-
refentatives, in General Court affmhled, and by the author-
ity of the fame. That the faid Samuel Danforth and others

afore-namedj^

244 MALDEN & CHELSEA MARSH. Fcb.vj, An. 1789.

Proprietors em- afore-named, proprietors of the marfli aforeraid, their heirs
powered to and afiigns, be, and hereby are authorized and empowered,
niak^adam. j.^^ make a dam i"al]icicnt to keep out the fca from the faid
marfli, from the land of Capt. Ifaac Sm'rfh, in the town of
Maiden, acrofs the river called JJIand River, and from faid
river acrofs the marih aforefaid, until it fhall reach Captain
Jonathan Green's upland, in the town of Cbelfea, and to main-
tain and keep the faid dam in repair forever.

SftcT- 2. ^jlfhl be it further enured hy the authority nforefaidy
That the faid Samuel Dnnforth and otliers, proprietors afore-
named, their heirs and affigns, be, and hereby arc allowed
Empowered to and empowered to raife, by an aiTeffiTient or tax to be made
raife by afftfs- and levied equally on all the lands compofmg the faid marfh
nieiu.iucii f mi ^yithin the dam, to be made as aforefaid, ftich fum or fums for

as may beluih- , ^ . , , ^ , . , ... ^ r ■ ^ ^

cient. deiraying the charges or malcmg and mauitaimng the iaid dam,

as lliall be agreed upon by the faid proprietors, their heirs or
afligns, or the major part of fuch of them as ihall be aflembled.
at any legal meeting to be called for that purpofe ; the meet-
Meetinws, how ii^igs of the faid proprietors to be called and condufled in the
called and con- fame manner as thofe of proprietors of common lands, pre-
duded. fcribed by an Act pafied the tenth day of Alarch, in the year

one thoufand feven hundred and eighty-four, relating to lands,
wharves and other real eflate, undivided and lying in common.
And the faid proprietors are hereby authorized and empow-
ered to choofe all fuch officers as may be neceil'ary for mana-
ging the buflnefs aforefiiid, in the fan^e manner as proprietors
of common lands are by law empowered to choofe officers at
their legal meetings.

Sect. 3. u4nd be it further enacted by the authority aforefaid.
In c-fe of a re- That if any owner of any part of the faid marfh, fhall negleft
fufal.orneoled or refufe to pay the fum or fums of money duly affeffed on
toparthelums {^q]^ part, for the fpace of fix months after fuch monies fliall
a e ic .propii- ji.^^^g been pranted, and his afieflment fliall have been publifh-

ctors empovv- o_^ ' _ r \ n n

crcdtp lelldc- ed by advertilmg the fame m any tv.'O of tne hrf.on news-pa-

liiujuent's parts pg^s four weeks liicceffively, then the fiiid proprietors, for the

or fliares. purpofe of paying fuch afTeffiTient, are hereby fully empowered

from time to time, at public vendue, to fell and convey fo much

of fuch delincjuent proprietor's part of faid marfli as will be

fufficicnt to pay and fatisfy the lum or fums afleffed upon his

part as aforefaid, and all reafonable charges attending fuch

"Vo'ice of fuel ^'^^i *^o ^"y perfon that will give mofi: for the fame. Notice

f^letobe^ivcn. of fucli fale, and of the time and place thereof being given,

by pofting an advertifement thereof in the faid towns of MaU

. den and Chelfea-, 'a\\<\ by publifhing the fame in at leaft two of

''-'}.■ the .newfpapers aforefaid, five weeks fucceifively before the

'•time of fuch fale : And the laid proprietors may, by their Clerk

or a Committee to be tholcn fur that purpofe, execute a good

deed

MOUNT.DESERT& DURHAM. Feb.iy, An,iySg, 245

deed or deeds of conveyance of the part of faid marfli fo fold,
unto the piuxhafcr thereof, to hold in fee limple.

Sect. 4. Provided tievertbelefsy That the proprietor or Provlfo.
proprietors, whofe part or Ihare fliall be fo fold, fliall have
liberty to redeem the fame at any time within twelve months
after fuch fale, by paying the fum, fuch part or Ihare fold for,
and charges, togetlier with the further fum of twelve pounds^
for each hundred pounds produced by fuch fale, and {0 pro rata
for any greater or lefs fum.

Sect. 5. And be it further enaBcd by the authority aforefaid,
That the faid proprietors hereby are empowered to order and Propfetors
manage all afiairs relative to thfe making and maintaining of n^naee^dl a^
the dam aforefaid, in fuch way and manner as fhall be con- fairs as may be
eluded and agreed on by the major part of thofe who are there- agreed on.
in interefled, prefent at any legal meeting, the votes to be
collected and accounted according to the interefls.
[This A6t pafled February 17, 1 789.]

An ACT for incorDoratingj the Plantation of Mount
Defert, fo called, in the County of Lincoln, into a
Town by the Name of Mount Defert.

q T>E it enacled by the Senate and Hottfe of Repre-

"^ * * fcntativeSy in General Court affenibledy and by

the authority of the fame^ That the plantation called Mount

Defert, together with the iflands called Crawberry Iflands,

Bartlctfs Iftandf Robertfn^s IJland and Beech Ifland, together

with the inhabitants thereof, be, and they hereby are incorpo- Incorporated.

rated into a town by the name of Mount Defert. And the

faid town is hereby veiled with all the powers, privileges and

immunities, which other towns in this Commonwealth by

law do or may enjoy.

Sect. 2. Aral be it further enacted. That Gabriel Johonnot, Gihriel Johon-
Efq. be, and hereby is empowered to iflue his warrant, direded "^^ ^-^qtocaU
to fome principal inhabitant of the faid town, requiring him to '' '^'*'
notify the inhabitants thereof to meet at fuch time and place
as he fliall therein appoint, to choofe all fuch officers as towns
are by law required to choofe at their meeting in the month
of March or April annually.

[This Aft pafled February 17, 1789.]

An ACT to incorporate the Plantation called Royal/-
borough, in the County oi Cumberland, into a Town
by the Name of Durham.

Sfct t 7^"^ '^ enabled by the Senate and Houfc of Reprefenta^
tives, in General Court affemhled, and by the au-
thority of the fame. That all the lands oi R<-yalfoorough aforefaid,

bounded

246 JABEZ BRIGGS, kc. June 5—8, An. 1789.

Boundaries. bounded as follows, viz. Beginning at the wefterly corner of a
tract of land called Pioufs Gore, in the line of North-Tar mouthy
thence northweft feven miles adjoining £\id Nortk-Tar mouth,
thence northeaft to Androfcoggin River, thence foutheaftcriy
by the middle of faid river, to the head line of Brunfivick,
thence fouthwefterly adjoining the head line of Briwfwick and
faid Front's Gore, to the firft mentioned bounds, with the in-
habitants thereon, be, and herebyare incorporated into a town
by the name of Durham, and inverted with all the powers,
privileges and immunities that towns in this Commonwealth
do or may by law enjoy.
«Bra. Merrill, Sect. 2. And be it further enaBtd by the authority aforefaid,
meeting." ^ That Samuel MerriH, Efq. be, and he is empowered and requir-
ed to iffue his warrant to fome principal inhabitant of the faid
town of Durham, directing him to warn the inhabitants there-
of to aflemble at fome convenient time and place in the faid
town, to choofe ail fuch officers as by law are to be ckofen an-
nually in the month of March or April.

[This Act paffed February 17, 1789.]

An ACT to anr.ex Jahez Br'iggs and Gideon Goidd^
with a certain Gore of Land, to the Town of Sut-
ton in the County of Worcejier,

T)E it cnaSfed by the Senate attd Horife of Reprefentat'ives,
Jabez BnVgs IJ j^j General Court ajfembled, and by the authority of the
Gould, annsxcdV^'"^* That Jabez Briggs and Gideon Gould, with their
to Sutton. refpe(n:lYe meffuages, lands and tenements, being a gore of
land lying in the county of IVorcefler, containing about one
hundred and fifty-nine acres, bounded fouth-eafterly on Man-
choag Fond, and by the following lines on the town of Suttort,
viz. fouth thirty-feven degrees eaft, eighty rods ; north thirty-
five degrees thirty minutes weft, ninety rods j north iixteen
degrees fifteen minutes weft, one hundred and two rods;
eaft three degrees north, one hundred and ninety-two rods ;
be annexed to the faid town of Sutton, there to do duty and
receive privileges as other inhabitants of the town aforefaid.
[This Aa paiTed June 5, 1789.]

An ACT for fetting off three fifty acre Lots of Land
from the Town of Gojhcn, in the County of
Hampjhire, and annexing them to the Town of
Chejtcrjield^ in the fame County.

7^^' ii enacted by the Senate and Houfe of Reprefentativcs,

Lands fet off* *'^ General Court ajfembled, and by the authority of the

fame. That the three lots of land hereafter mentioned, viz.

the lot number fixty-thrce, number ninety and number

ninety-one.

ALE WIVES. June 15, An. 17&9. 247

ninety-one, in the third divifion of faid Gofien^ with the in-
habitants thereon, be, and they are hereby let off from the
faid town of GoJIjcriy and annexed to the faid town of Chtfter-
field : Provided, Tiiat the proprietors of the faid three lots of
land Ihall lodge with the Town-Clerk of the town of Go/hen., Provifo.
and with the Town-Clerk of Chejlerjieldy exaft plans of the
lots aforefaid, within three months from the paffing of this
Adi : Provided alfoy That all the taxes which have heretofore
been affelTed on faid lots of land and their inhabitants, by
the town of Gojhen, Ihall be paid in the fame manner as if faid
lots ftill continued a part of faid town of GoJJjen.
[This Aa palled June 8, 1789.]

An ACT in addition to an Acl paflbd the laft Year, Marcin,i788.
entitled, " An Ad for the Prefervation of the Fifti tt^trif^^
called Alewives, in Mattepoifet River, in Rochejier, Feb. 16, 1803.
in the County of Plymouth, and for regulating the
taking of the faid Filli in the faid River.'*

WHEREAS it is provided in and by the faid A61, that Preamble,
the owner or owners of each and every mill-dam on
faid river fhall make, provide and continue, a fluice-way of
three feet wide and eight inches deep, for the faid filh to
pafs their refpe£tive dams, as low as the Seledlmen of
the faid Rochejler fhall judge convenient for the faid fifli to
pafs in ; and that the Selectmen of the laid town of Rochcjier
be authorized to open faid fluice-ways on the fecond Monday
of April annually, in order to let the faid filh pafs the laid
dams : And whereas it is found by experience that the keep-
ing of faid lluice-ways fhut till the fecond Monday in April
annually, greatly impedes the courfe of laid fifh :

Sect, i . Be it therefore eitalied by the Senate and Houfe of Rep-
refentatives, in General Court ajfembled, and by the authority of the
fame. That from and after the paffing this Aft, the Select- Sdedmen em-
men of the faid town of Roche fter are hereby authorized on P°"^^^^'^ . ^°

•i I,/- Tv/r open lluice-

any day between the lalt day ot March and the fecond Mon- ^ays.

day of April annually, to open faid fluice-ways, which, when
opened by them, iliall remain open until the twentieth day
of May annually, under the fame penalty as is provided in
faid A£l for faid fluice-ways being flopped between the
fecond Monday of April and the twentieth day of May.

Sect, 2. And be it further enaBed by the authority aforefaidy
That if any perfon fhall prefume to take any of faid filh in Perfons taking
the brook leading out of Little Long Pond, (fo called) into ^Jj';^j^"!'^^'^ ^^
Sniptuet Pond, fuch perlbn Ihall be fubje^ to the fame penalty
as is provided in faid Act for taking laid fifli in faid Matte-
■ poifet River, at a time not allowed by the Committee of faid
town to take faid fifh in laid river.

And

248

ALEWIVES.

'June 15, An. 1789*

Perfons prohi-
bited from tak*
ing filh.

Penalty.

Inhabitants
permitted
Ceil fifh.

Perfons dctedt-
ed in taking
fifh illegally
fubjedt to pen-
alties.

Committee
empowered to
brine; adions of
debt for recov-
ery oi peniil-
ties.

And whereas there Is no provilion made in faid Acl to
prevent perfons taking faid fifh in faid river, or by feines in
a part of the harbour therein defcribed, before the tenth
day of April annually :

Sect. 3. Be it therefore enaHcd by the authorit-^ aforefaidt
That if any perfon fhall prefume to take any of laid fiih in
faid river, or to ftretch any feine in that part of the hai-bour
into which faid river empties, which is defcribed in faid Aft,
between the lafh day of March and the tenth day of April
annually, fuch perfon or perfons Ihall be fubjeft to the fame
penalty as is provided by faid Acl for doing the f\me between
the tenth day of April and the twentieth day of Ma\\

Sect. 4, And be it further enaEled by the authority aforefaidt
That the inhabitants of the faid town of Rochcfler^ at a legal
town-meeting warned for that purpofe, may fell, or difpofe of,
on fuch terms and in fuch manner as they may think proper,
the exclufive right of taking laid fiili in faid river, for any
number of days not exceeding three in each week, no one
fale to be for a longer term than one year.

And whereas by reafon of the fwamp and thickets through
which faid river runs, it may be very dlflicult to procure proof
of the violations of this Act, and the A£t to which this is an
addition : Therefore,

Sect. 5. Be it enaEled by the authority nforefaid^ That if the
Committee of faid town, or any member thereof, fliall detect
any perfon attempting to take faid fifh, on any day, in any
place or in any manner other than is allowed by faid Com-
mittee, and faid perfon has any of fliid fifh in his or her
cuftody, or if the faid Committee or other member of faid
town ihall find any fuch fifli in any perfon's cuftody, near to
or coming from faid river, fuch perfon fhall be deemed to
have taken fuch filh illegally, and fhall be fubjedt to the pen-
alties provided by this A6t and the A4t to which this is an
addition, unlefs fuch perfon can give a fatisfatStory account
how he or fhe came by fuch fifli.

Sect. 6. And be it further enaEled by the authority aforefaidy
That any member of the Committee of faid town of Rochcjlery
appointed in confequencc of faid Act, may bring forward an
action of debt for the recovery of the penalty or penalties
provided in faid Ait, or in this Aft, in his ovm name, and
the name of the faid town of Rochefer., and fliall be entitled
to one half the fum or funis fo recovered, any thing in faid
Aft to the cotitrary notwithftanding.

{This Aft pafiTed Ju?ie 15, 1789.]

CHARLESTOWN LAND, &c. June 1 7, An. 1789. 249

An ACT to enable the Town of Cbarlejlown to ex-
change a Part of the Minifteiial Lot in faid Town,
for an equal Quantity of other Land.
"¥"¥ THERE AS it appears to dils Court, that the meeting- Preamble.

Y V houfe in CharleJIoivn will be greatly accommodated if
la part of the minifrerial lot, given to that town by Captain
Richard Spragi/e, deceafed, for the fole ufe of the minillry,
fhould be exchanged for an equal quantity of other land :

Sect. i. Be it therefore cnacied by the Senate and Houfe of
Reprefetitatives, in General Court ajjhnblcd, and by the authority of
ihefamey That it Ihall and may be lawful for the town of Town of

CharL'ftoivn to fell and convey to Nathaniel Gorham, Efq. a C^'^'-leftown

•'r -i . • n • 1 1 r f • 1 • r • 1 ^ 1 empowered to

part 01 the mmiltenal lot aioreiaid, in laid town, not eXceed- fgn niinifterial
ing four thoxifand fquare feet ; provided, faid Nathaniel Gor- land.
ham ihail fell and convey to faid town an equal quantity of Provifo.
his land adjoining fiid minifterial lot. And the deed or deeds
to be given by the Committee of the town of Gharlefioivny to
the faid Nathaniel Gorham^ fhall be to every intent and pur-
pofe good and vahd in law ; any thing in the will of the faid
Richard Spragiie to the contrary notwithftanding.

Sect. 2. And he it further enciBed by the authority aforefaid.
That the land, which fliall be conveyed by the faid Nathaniel
Gorham to the faid town of Churleflown^ and annexed to faid
miniilerial lot, fhall be forever kept and held for the fame
purpofes and ufes, as the faid Richard Sprague directed that
the lands by him given in his laft will to the town of CharleJ^
toivn^ as aforefaid, fhould be appropriated.

[This Ac^ paffed June 17, 1789.]

An ACT for reviving and continuing fundry Laws
that are expired or near expiring.

WHEREAS the feveral Adts hereafter mentioned, which Preamble,
are now expired, or near expiring, have been found
ufeful and beneficial, vi-z. An A£t made in the year of our
Lord one thoufand feven hundred and forty*feven, entitled,
<^ An A(ft to prevent deceit, in the gauge of cafks." An Act
made in the year of our Lord one thoufand feven hundred
and feventy-one, entitled, " An Acft to prevent damage be-
ing done to the proprietors of the meadow, upland and
beach, called Great and Little Scipuifzety in the town of Fal->
mouthy in the county of Barnflablc" An A£t made in the
year of our Lord one thoufand feven hundred and feventy-
three, entitled, " An Act for regulating the alewive iifliery,
in the town of Halifax, in the county of Plymouth.^' An
Act made in the year of our Lord one thoufand feven
hundred and eighty, entitled, " An Adt in addition to an
Adt, entitled, « An Ad in further addition to, and ex-
VoL. I. 2,.».H planation

250 PLYMOUTH ALEWIVES. June 20, An. 1789.

planation of an Aft, in addition to an A61 for erefting of
a powder-houfe in Bojlon^'' An Aft made in the year of our
Lord one thoufand feven hundred and eighty-one, entitled,
*' An Aft to prevent damage being done on the meadows ly-
ing in the townfhip of Yarmouth^ called NobfcuJfett-Meado'ivSf
and a fmall commonage of land and beaches thereto adjoin-
ing." An Aft made in the year of our Lord one thoufand
feven hundred and eighty-feven, entitled, " An Aft to pre-
vent the deftruftion of oyfters, and all other fhell fifh lying
within the harbours, rivers and bays within the limits of the
towns of Sandwich', in the county of Buntflablei and Warehanty
in the county of Plymouth^ and the towns of Dartmouth and
Weftport, in the county of Brlftol :

Be it therefore efiacJed hy the Senate and Houje of Reprefenta-
tivesy in General Court affcmbled, and by the authority of the famey
That fuch of the before mentioned Afts as are expired, be
Laws revived, revived, and fuch of the faid Afts as are not yet expired, be
continued, with all and every article, claufe, matter, and thing
therein refpeftively contained, and fhaii be in force until the
firft day of November^ which will be in the year of our Lord
one thoufand feven hundred and ninety-feven, and no longer.
[This Aftpaffed June 17, 1789.]

Extended to An ACT regulating the taking of the Fi{h called
Brook, junf Alcvvives, in tile Town- Brook, io called, in the
aj, 1798. Town of Plymoufb.

jyE it enacted by the Senate and Houfe of Reprefenta-
tives, in General Court ajfeinbledj and by the authority
cf the fame t That faid fifli may be taken between the two grift
mills now ftanding on laid brook, and Ihall not be taken in
any other part thereof, and at fuch time or times only, as a
Committee who may be appointed by faid town, as is here-
after provided, may direft.

Sect. 2. And be it enacted by the authority aforefaid, That
Inhabitants au- the inhabitants of faid town of Plymouth^ at their meeting for
^o\^Tt C ^*^' ^^ choice of town officers in March or April annually, be,
niittee to over- ^"^^ they hereby are authorized and direfted to appoint five
fee to taking of or feven perfons, a Committee to overiee the taking faid fifla
fi^' as aforefaid, which Committee Ihall diftribute the fifli taken

by them, or under their direftion, as equally as circumftances
will admit, to fuch of the inhabitants of faid town as may ap-
ply for the fame, and for the fifli fo fupplied and delivered,
the Committee aforefaid fliall demand and receive of the
perfon or perfons applying therefor, payment at fuch rate
or rates as the inhabitants of the faid town at their an-
nual meeting in March or April may direft, excepting of fuch
poor perfons as may be named in a lift to be annually made

out

Sect.

PLYMOUTH ALEWIVES. 'Juve 20, An. 1789. 251

out by the Seledlmen of faid town, and who, in the opinion

of the Selectmen, are unable to pay for the lame, which hft

fliall be given to the Committee, and the perfon orperfons borne

on the fame ffiall be fupphed with fuch quantities of faid fifh,

gratis, as the Committee may think expedient : And the Com- Cor/imittre to

mittee aforefaid fliall have fuch allowance for their fervices, "^'''"I'rf.'^'

-„ , . r • • /"'J '^"'Ji^ts to the

as the inhabitants of faid town, at the time ot appointing laid isekdmen for
Committee, fbail determine, and Ihall annually, in tlie month allowance.
of September next following their appointment, exhibit their
accounts to the Selectmen of faid towH, for fettlement and al-
lowance, and pay the balance remaining in their hands, if any,
to the Treafurer of the town of Plymouth, for the town's ufe.

Sect. 2. And be it further enaEled by the authority aforejtiidy
That the faid Committee, or the major part of them, be and Commktee
are hereby authorized and empowered to open any dam, or empowered to
the fluice of any mill or other water vrorks eredted, or that fiuice-wTys. ^
may be erefted, on or over faid brook, at the expenfe of the
owner or owners of fuch dam or fluice, provided fuch owner Provifo.
or owners fliall negledt to open the fame when thereto re-
quired by faid Committee, or the major part of them as afore-
iaid 5 and the dam or fluice that may be fo opened, fhall Con-
tinue open to fuch depth and width, and for fo long a time,
as the faid Committee, or the major part of them, may judge
necelTary ; and if any perfon or perions fliall obftrudt the
paffage ways allowed or ordered by laid Committee, or the
major part of them, in any dam or lluice way, or fliall obHruiH:
the palTage of faid fifh in any other part of faid brook, than
is permitted by this Act, fuch perfon or perfons fo offending
fhall forfeit and pay a fum not exceeding Jlfty pounds, nor Penalty,
lefs than ten pounds.

Sect. 4. Be it further enaEled hv the author iiy aforefaid.
That if any perfon or perfons, otligr than the faid Committee, Ptrfons taiing
or fuch perfons as fliall be by them employed, fliall take any •/r^''r°u'
01 the laid nfh in the laid brook, or any part or it, at any jg^i- ^o penalty.
time or by any ways or means whatfoever, each perfon fo of-
fending fliall forfeit and pay a fum not exceeding forty fhi/-
lings, nor lefs than tenfji/Iings for every fuch offence.

Sect. 5. And be it further enacted by the authority aforefaid.
That all penalties incurred by the breach of this Act may be Penalties to be
fued for and recovered by the Treafurer of the town of Ply- fu'^'i f«r ^nd re-

7 r 1 ■ L • • -1 c ni covered by the

month, for the time being, in any court m the county or Ply- Treafurer.

mouth proper to try the fame ; and all fums fo recovered

ihall be appropriated to the ufe of faid town ; and in cafe any

minor or minors fhall offend againft any part of this A<51, and

thereby incur any or either of the penalties aforefaid, in all

fuch cafes the parents, mafters or guardians of fuch minor or

minors, Ihall be anfwerable therefor ; and in cafe of a profe- ""^^ proe-

r r 1 • • r r ^ rr i cution, judg-

cution or luch minor or minors tor any luch otience, the ac-
tion

$5^

NATURALIZATION.

yune 11^ An. 1789.

ment to b0 ren- tion fliall be commenced againft the parents, maflers, or guar-
dered againlt jj,^^j-jg ^f {\xc^^ minor or minors refpeftively, and judgment be

parentS;

rendered againft any parent, mafter, or guardian in luch cafe,
in the fame manner as for his or their pcrfonal offence.

Sect. 6. And be it further enacted by the authority aforefnid.y
That no perfon by reafon of being an inhabitant of faid town,
or one of faid Committee, fliall be thereby difqualified from
being a witnefs in any profecution for a breach of this A£V.
[This Aa palled June 20, 1789.]

An ACT for naturalizing Nathaniel Skinner, and oth-
ers therein named,

yrcambje. "^'l^T^-^-^-'^-^'^ Nathaniel Skinner, late of London, James
\y Scott, and James Scott, junior, natives of Great Britain,
George Shinnits, a native of Prtijjia, and Martin Coning, late of
Amjlerdam, now refiding in BoJIon, and Akurs Si/fon, now re-
ading in Dartmouth, have petitioned the General Court that
they may be naturalized, and be thereby entitled to all the
rights and privileges of free citizens of this Commonwealth ;
Sect, i . Be it enaBed by the Senate and Houfe of Reprefenta-^
fives, in General Court ajjembled, and by the authority of the fame.
That the aforenamed Nathaniel Skiriner, James Scott, James
Scott, junior, George Shinnits, Martin Coning and Akurs Sijjbn,
on firft feverally paying to the Secretary fuch fees as may be
by law required of them, and taking and fubfcribing the oath
of allegiance to this Commonwealth before two Juftices of the
Perfons ad- Peace, quorum unus, lliall be deemed, adjudged and taken to
judge free citi- be free citizens of this Commonwealth, and entitled to all the
5sns,m caie. liberties, privileges and immunities of natural born fubjedts.

Sect. 2. And be it further enacted by the authority aforefaid.
That the Juftices before whom the perfons aforenamed may
refpeflively take the oaths aforefaid, fliall return a certificate
of the fame into the Secretary's office, to be entered in the
records of the Commonwealth.

[This Act pafTed June 22, 1789.3

An ACT for incorporating the eafterly and fouthcrly
Parts of the Town of DiinJiable., into a Diflricl by
the Name of Tyngfhorottgh.

?reamble. "VTTTHEREAS the town of Bunflable, in the county of
^\r Middlefex, hath petitioned this Court, praying that the
people who lately compofed the firft pariih in laid town, to-
gether with their eftates, may be incorporated into a diftridl,
to enable them to receive Mrs. Sarah Winfoius donation :

Sect»

TYNGSBOROUGH. June 22. An. 1789. 253

Sect, i . Be it therefore enaBed by the Senate and Hot/fe of Rep-
refentatives, in General Court affenibledf and by the authority of the
Jame^ That the eafterly and Ibutherly parts of faid town of
Dunflable^ be, and they hereby are incorporated into a Tyngiborough
diftrift, by the name of Tyngsbcrough^ with all the powers, incorporated,
privilecres and immunities of incorporated diftrifts, viz. —
Beginning at the noithweft corner of CoL John Tyngs great Boundaries,
farm, at Grcton hne, a fmall diftance from faid Tyngs mills,
from thence to run eafterly by the north fide of faid farm,
until it extends eight rods eaft of John Cuming's dwelling-
houfe ; from thence to run northerly thirty rods weft of £zra
Thompfon's dwelling houfe, and fo on the fame courfe, until it
comes to the line of the State of Nc^iu-Hampfjirc, with all the
lands and inhabitants within the faid town on the eaft and
ibuth of faid line.

Sect. 2. Provided neverthelefs^ That the faid diftridt of Provlfo,
Tyngsboroiigh, ftiall pay their proportion of all taxes now affef-
fcd by, and of debts due from the faid town of Dunflable.

Sect. 3. Atid be it further enaEied by the authority aforefaidy
That the polls and eftates in the faid dlftri^l, that were Polls & eftates
returned by the AlTelTors of faid town on the laft valuation, '',' ^^ placed on
fliall be deducted from the fiid returns and be placed to the ^"^ °^°"^
faid diftri(5t of Tyngsboroughj until another valuation fliall be
taken.

Sect. 5. Be it further enacted by the authority aforefaidy That
the faid diftridl of Tyngiborough fliall be held to iupport the
poor included within their limits, and alfo any perfon or To fupport
perfons who have heretofore been inhabitants of that part of ^^^"^ °^'^ P^^'"'
Dunflable, vrhich is now Tyngsboroughy and may hereafter be
returned as paupers to the town of Dunfable : And it fliall be
the duty of the Seledlmen or Overfeers of the Poor of the Pelcdlmen and
faid town of Dunfable for the time being, whenever fuch pau- Overfeus.their
per or paupers fliall be returned as aforefaid, who were orig- ''^ ^'
jnal inhabitants of that part of Dunfabky which is now Tytigs-
horoughy to convey him, her or them, to the Overfeers of the
Poor for the faid diftricl of Tyngsboroughy who are hereby
direcled to receive and fupport the fame.

Sect. 4. And be it further enaBcd by the authority aforefaidy
That the town ftock of ammunition fhall be equally divided T]own ammu-
between the faid town and diftricl, and the weights and meaf- be'^iy-^ed " ***
ures fliall be the property of the town, they paying the dif-
tricl one third of the value thereof.

Sect. 5. And be it further enacledy That the SeletSlmen of Sdcftmcn of
faid town, fifteen days at leaft before the time for chooling a Dunftal ie to
Reprefentative, fliall give notice of the time and place by bo/ouo-h ' '
them ordered for that purpofe, in writing, under their hands, choic<f of Rep-
to the Seleccmen of Tyngsboroughy to the intent that the Se- refenutives.

Icdlmen

254 DIKE IN ROWLEY. June 24, An. 1789.

ledtmen of faid diftridt may iffue their warrant to the Confta-
ble of faid diftridt, to warn the inhabitants thereof to meet
with the faid town of Dittijlable, at the time and place fo or-
dered for the choice of a Reprefcntative.

Sect. 6. And be it further enacled, That Joel Parkhwjly
Efquire, be, and he hereby is authorized to ilTue his warrant,
diredled to fome principal inhabitant of the diftrift of Tyngs-
Tyngfborough borough^ requiring him to notify the inhabitants of the faid
to be notified in difj-j-idl quahlied to vote in town affairs, to alTemble at fuch
town '^officers" *^"^^ ^"*^ place as he Ihall therein direft, to choofe all fuch
officers as diftrifts within this Commonwealth are direfted and
required by law to choofe in the month of Alarch or April
annually ; and the aforefaid Juftice is alio authorized to iffue
, his warrant to the Conftable of Dimjlahle^ requiring him to
warn the freeholders and other inhabitants of faid town, qual-
ified to vote as aforefaid, to meet at fuch time and place as
he Ihall appoint, to choofe town officers in all cafes where
there fliall be any vacancies.

[This A£t palled June 22, 1789.]

An ACT to enable the Proprietors of a Marfli and
rough Meadow, lying in the Town of Rozoley, to
make and maintain a Dike, for the better improv-
ina: faid Marfh and Meadow. »

Preamble, "^"JT THERE AS Thomas Mighill and others, proprietors of
Y V a marlh and rough meadow, lying in Rowley, and
known by the name of Cowbridge Marfli and rough Meadow,
and containing all the marfh and meadow lying within the
lines hereafter defcribed, beginning at a point of upland on
the northerly lide of Francis Pickard's marfli, and running
from thence about fourteen rods to Cowbridge Creek ; from
thence acrofs faid creek, and through the centre of Mehetabei
Northend^s marfli, and marfli belonging to Nehemiah Jcnvett and
Deacon Jeremiah Searl yOn tlie northerly fide of a cart path to up-
land belonging to 'John and Benjamin Thurjion ; from thence by
faid upland, and upland belonging to the heirs of John Plumer,
until it cometh to the country road ; from thence foutherly by
faid road, to upland adjoining to the plantation that was the
late Capt. George Jevjeifs ; from thence by faid upland and
aforefaid plantation, and upland belonging to feveral other
perfons until it comes to the aforefaid road, and by faid road
until it conies to upland belonging to the heirs of Col. Thomas
Gage ; from thence M'eflerly by faid upland and upland belong-
ing to feveral other perfons, until it cometh to land belonging
to Thomas and Jeremiah Mighill ; from thence northerly by
faid Mighill's land, and upland belonging to Williamy David

and

DIKE IN ROWLEY. 'June 24, An. 1789. 255

and Nathan Toddy until it comes to the ox pafture ; from
thence by faid pafture, until it cometh to the point of upland
firft mentioned ; have requefted the General Court to author-
ize them to make a dike, for the purpofe of fencing out the
fea from the faid marfli and meadow ; and it appearing that
great improvements might hereby be made in faid marlh and
meadow, to the benefit of faid proprietors, as well as the
public :

Sect. i. Be it ena^ed by the Senate and Houfe of Reprffenta-
tives, in Genera/ Court ajjembled, and by the authority of the fame ^
That the hidThottias Mighii'I Tind others, proprietors of the marfh Proprietors era-
and meadow aforefaid, their heirs and affigns, be, and thev powered to
hereby are authorized and empowered to make a dike, fuffi-
cient to keep out the fea from the faid marfh and meadow, as
before defcribed, and to maintain and keep the faid dike in
repair forever.

Sect. 2. And be it further enaEled by the authority aforefaid^
That the faid Thomas Mighill and others, proprietors of the
marfh and meadow aforefaid, their heirs and afligns, be, and
they hereby are allowed and empowered to raife by an alTefT- To raJfe a
ment or tax, to be made and levied on all the proprietors of ^f^ ^^ defray
the faid marfh and meadow lands, lying within the dike to
be made as aforefaid, according to the intereft they fever-
ally have therein, fuch fum or fums for defraying the charges
of making and maintaining the faid dike, as fhall be agreed
upon by the faid proprietors, their heirs or affigns, or the
major part of fuch of them as fliali be alTembled at any legal
meeting to be called for that purpofe ; the meetings of the Meetings call-
faid proprietors to be called and condudled in the fame man-^^ '° ^'^ ^°'^"
ner as thofe of proprietors of common lands, prefcribed by ^\^ ^^ \^^
an Aft paffed the tenth day of March^ in the year one thou-
fand feven hundred and eighty-four, relating to lands, wharves,
and other real eftate undivided, and lying in common : — And
the faid proprietors are hereby authorized and empowered to E"ipowered to
cnoole all luch oiiicers, as may be neceliary ror managmg the
bulinefs aforefaid, in the fame manner as proprietors of com-
mon lands are by law empowered to choofe officers at their
legal meetings.

Sect. 3. And be it further enatled by the authority aforefaid^
That if any proprietor of the faid marlh or meadow Ihall ^^^^^^'f^'l 3^.
neglect or refufe to pay the fum or fums of money duly af- feffinents, their
feffed on him therefor, for tl\e fpace of fix months after lands to be
fuch monies mall have been granted, and for the fpace of one ^^^^'
month after his alfelTment fhall have been fliewn to him, or
a copy thereof left at his ufual place of abode, then the faid
proprietors for the purpofe of collecting the monies in fuch
alTeiTment, are hereby fully empowered from time to time, at
public vendue, to fell and convey fo much of fuch delinquent

proprietor's

256 BETHLEHEM. June 24, An. 1789.

proprietor's part of faid marfli or meadow, as will be fufficient
to pay and fatisfy the fum or fums afTeiTed upon fuch delin-
quent proprietor as aforefaid, and all reafonable charges at-
tending fuch fale, to any perfon that will give moft for the
Notice of the fame : Notice of fuch fale, and of the time and place thereof
time and place jjgjj^g given, by pofting an advertifenient thereof in fome
advertifed. public place in the town of Rowley, fix weeks before the time
of fuch fale •■, and the faid proprietors may, by their Clerk, or
Committee a Committee to be chofen for that purpofe, execute a good
empowered to jgg J qj. Jeeds of conveyance of the part of faid marlh or
meadow fo fold, unto the purchafer thereof, to hold in fee
fimple.
Provlfo. Sect 4. Provided neverthelefs., That the proprietor or pro-

prietors, whofe part or flaare fliall be fold as aforefaid, fliall
have liberty to redeem the fame at any time within twelve
months after fuch fale, by paying the fum fuch part or fhare
fold for, and charges, together with the further fum of Jix
pounds, for each hundred pounds produced by fuch fale, and fo
in proportion for any greater or lefs fum.

Sect. ^. And be it further enacled by the authority nforejaid^
Proprietors to fhat the faid proprietors herebv are empowered to order and

nianaq-e affairs n n- • i ^' ^ J i • i ■ • • r

relative to m'^^n^ge all atiairs relative to the making and maintaining or

maintaining the dike aforefaid, in fuch way and manner as flaall be con--

the dike. eluded and agreed on by the major part of thofe who are

therein interefted, prefent at any legal meeting ; the votes to

be colle£led according to the intereils of the faid proprietors.

[This Act palled Junel^, I7S9-]

An ACT for incorporating the North Eleven Thou-
fand Acres, fo called, in the County of Berkfljire,
into a Diftricl by the Name of Bethlehem.

^, T)E it macled by the Senate and Houfe of Reprefenta-

-*^ tines, in General Court affcmbled, and by the author-
ity of the fame. That the North Eleven Thoufand Acres, fo
called, in the county of Berkjhire, and included within the
Boundaries. boundaries hereafter defcribed, viz. Bounded fouth on Sandis-
field, weft on Tyringham, north on Becket, and eaft on Loudon,
together with the inhabitants thereon, be, and they hereby
Incorporated, are incorporated into a diftrict by the name oi Bethlehem ; and
the inhabitants of the faid diftrict are hereby invcfted with
all the powers, privileges and immunities, that diftricts in this
Commonwealth do or may by law enjoy.

Sect. 2. And be it further enacted by the authority aforefaid,

Daniel Brown That Daniel Brown, Efq. of Sandisfeld, be, and he hereby is

Efq. to call a empowered and required to iiTue his warrant to fome prlnci-

mecting. ^^\ inhabitant of the faid diftrift of Bethlehem, diredling him

to warn the inhabitants thereof to aflemble at fome convenient

time

FRANKFORT, &c. June 25, An, 1789. 1$^

time and place in the faid diftri(rt, to choofe all fuch officers
as by law are to be chofen in diftrids in the month of March
or Jpril annually.

Sect. 3. And he it further cvaBed by the authority aforefaldy
That the diftridl of Beth/ehetn aforefald fhall pay all the taxes Bethleliem M
that are juftly alTeired on them, or that {hall be alFefled on P^^y ^JJ^^"]^ '^"^^
them by the town of Sandisfald, fo far as they were returned
by the AiTefTors of the faid town of Satidisjidd in taking the laft
valuation, until a new valuation {hall be taken, and no longer j
any thing in this Adl to the contrary notwithftanding.
[This Adl palTed June 24, 1789.]

An ACT to incorporate the Plan4:ation from Belfaji
to Wheeler's Mills, Weft Side of Penobfcot- River, in
the County of Lincoln, into a Town by the Name
of Frankfort.

„ jyB it enaBid by the Senate and Hoife of Reprefeniai-

^ tives, in General Court ajfemblcd, and by the author-
ity of the fame) That the trails of land bounded as followeth, Boundaries
viz. North-eafterly on the bay of Belfaf and Penobfot-River,
up faid river to Wheeler's Mills, thence by a line beginning at
the fouth-eaft corner of Belfafl, and running due north, on
the ealliern bounds of Belfif, until a line running due weft
from faid Wheeler's Mills {hall interfe^t the lame, together
with the inhabitants thereon, be, and they are hereby incorpo-
rated into a town by the name of Frankfort ; and the inhab-
itants of the faid town are hereby invell:ed with all the powers^
privileges and immunities, which the inhabitants of towns
within this Commonwealth do or may by law enjoy.

Sect. 2. And be it further etiajltd^ That Btfijamin Shuie, Benja. Shtit(«,
Efq. is hereby authorized and empowered to ilTue his warrant, ^|^' ^""ip^^^^^
diredled to fome fuitable inhabitant of the faid town of Frank- meeting.
fort, direfting him to notify the inhabitants of the faid town
to meet at fuch time and place as he {hail appoint, to choofe
fuch officers as other towns are empowered to choofe at their
annual meetings in the months of March or April annually.
[This A6t paifed June 25, 1789.]

An ACT to incorpox-ate the Iflands in Pencbfcot Bay^
commonly called the North and South Fox Iflands^
in the County oi Lincoln fmto a Town by the Name
of Vinal haven.

Sfct I J^^ ^^ enabled by the Senate and Houfe of Reprefentd*
■^ tivesy in General Court afembled, and by the author-
ity of thefamcy That the iflands in Penobfcot Bay, in the county
oi Lincoln i commonly called the north and fouth Fox Ifandsy
Vol, I. 2....I bounded

258 NAUSHON ISLANDS. Jan. 16—30, An. 1790.

Boundaries, bounded as follows : Wefterly and northerly on Pembfcot Bay^
eafterly on Fox IJland Bay, which feparates thefe iflands from
the IJle of Holt and Deer Ifiand^ divilions of iflands, and fouther-
ly on the Atlantic ocean, together with the inhabitants there-
on, be, and they are hereby incorporated into a town by
the name of Vinalha-ven ,- and the inhabitants of the faid town
are hereby invefted with all the powers, privileges and immu-
nities, which the inhabitants of towns within this Common-
wealth do or may by law enjoy.

Sect. 2. And he it further enaBedy That William Final,

William Vinal, gfq^ jg hereby authorized and empowered to iffue his warrant,

fo^'^^Ta nS diveaed to fome fuitable inhabitant of the faid town of Vinal-

ing. haven, directing him to notify the inhabitants of the faid town

to meet at fuch time and place as he fhall appoint, to choofe

fuch officers as other towns are empowered to choofe at their

annual meetings in the months of March or Jpril annually.

[This Adl paffed Jwie 25, 1789.]

An ACT to enable Dudley Atkins, Efquire, to take
the Surname of Tyng.

Preamtle. '\% THER.E AS Dudley Jtkins, of Newbury, in the county
Y V ^^ £fsx, Efquire, has petitioned this Court, fetting
forth that he is defcended from the family of Tyng ,- that Mrs.
Sarah TFinfoWy of TyngJhorci,-ghy in the county of MiddlefeXy
being a defcendant from the fame family, and having no chil-
dren, has devifed to him a confiderable part of her eftate, and
has requefted him to take the furname of Tyng, and therefore
praying the interpofition of this Court for that purpofe :

Be it therefore enaEted by the Senate and Houfe of Reprefenta-

tiveSy in Ge?ieral Court ajfenibledy and by the authority of the fame,

Dudley Atkins That the fiid Dudley Athins be, and he hereby is enabled to

the^f 'r^ r ^^^''f ^^^® "P°" himfelf the furname of Tyng, in addition to his pref-

Tyng. ent name, and that he be hereafter knovv'n and called by the

name of Dudley Atkins Tyng,

[This A£t palled January 16, 1790.]

An ACT for the Protection and Security of the Sheep

and other Stock on Tarpaulin Cove IJland, otherwifc

called Naufljon Ifiands, and on Nemieniejfett IJland,

and feveral fmall Ifiands contiguous, fituated in the

County of Dukes County,

Preamble. '¥'"T THERE AS there have been of late great depredations

• y ^ ni^^fi ^y gunners and hunters on Tarpaulin Cove, or

NaufJjon Ifland, Nennemejfett I/land, and feveral fmall iflands

contiguous thejeto, fituate in the county of Dukes County, by

which

NAUSHON ISLANDS. January 30, An. 1790. 259

which great numbers of flieep and deer have been killed, and
other damages faftained. And whereas the few perfons re-
ading on faid iilands cannot give proper fecurity to the ftock
thereon ; and to provide an additional remedy in this behalf:

Sect, i . Be it therefore enacted by the Senate and Houfe of
Reprefentatives^ in Getiernl Court afemhled, and ky the authority of
the IhiUf That if any perfon or perfons fhall hereafter unlaw- Pcrfonss unlaw-
fuUV take away, ftioot, kill or deftroy, or fhall caufe to be tak- ^"^'>' t^^;'"g^ *-
en away, fliot, killed or deftroyed, any Ineep or other Itock or jng flock, fub-
creatures, on either of the faid iflands, and fhall be thereof jed to forfeit-
convifted, every fuch perfon or perfons lliall, bcfides paying ^^^^ ^'^•
the value thereof, forfeit and pay a fum not exceedingyor/j'
fhilltngs, nor lefs ihzn ten f-iilingSy for every fheep or other
creature lie or they may fo take away, fl\oot, kill or deftroy,
or caufe to be taken away, fliot, killed or deftroyed -, the
fame to be recovered, with cofts of fuit, by action of debt be-
fore any court proper to try the fame ; and the fums fo re-
covered fhall one half thereof accrue to the profecutor, and
the other half for the ufe of the poor of the town in which
faid iflands are or may be fituated.

Sect. 2. ^^ld be it further cnaBed^ That if any perfon or Gunning pro-
perfons, (except fuch as fliall have the fpecial iicenfe of the ^'^ited, with*
proprietors of the faid iflands^ or fhall be able to fliew fuffi-
cient reafon therefor,) ftiall be feen with any gun or guns up-
on either of the faid iflands, other than that part of faid
NaufJjon Ifcind at the extreme weft end thereof, extending
between the houfe there now occupied by Shadrack Rcbinfony
and the Ihore of that ifland known as Rcbinfon^s Hole^ fuch
perfon or perfons fliall forfeit fuch gun or guns, or the value %

thereof, to any perfon or perfons who will fue and profecute Forfeiture,
therefor, to be recovered, with cofts of fuit, by action of
trover before any court proper to try the fame. And if any
perfon or perfons fliall be found coUecling, driving, or in any Perfons driving
v.fay molefting any of the fheep or creatures upon, and be- "'" '^°'*^f^.'"|
longing to the faid iflands, or fliall be found on either of ^^'^p^^.jj." ^^''
the aforefaid lands with any fiiin, limb or carcafs, and any
flieep or other creature hath been there lately killed, and
fuch perfon or perfons, or his or their company may be
reafonably fufpected to have killed the fame, fuch perfon
or perfons fo found fliall be deemed and adjudged guilty
of fuch killing, and fliall be liable for each and every flieep
or other creature, which hath been there lately killed as
aforefaid, to fuch penalty as is already provided in this A6t
againft fuch killing ; to be recovered with cofts, by adlion
of debt, and to accrue in like manner as aforefaid, befides
being liable for the value thereof.

Sect.

S^Q EGREMONT and ALFORD. Feb. 6—8, An. 1 790.

Sect. 3. J^nd he it further enaclcd by the authority ajorefaidy
That no perfon, by reafon of being an inhabitant of the
town to wliich fiich penalty fiiall accrue, fliall be djfqiiah-
fied from being a witnefs in any fuit or profecution for
any breach of this Aft.

Sect. 4. Provided tieverthclefs, end he it further enacted^
Provifp, That any perfon or perfons having fuffered any penahy or

forfeiture incurred by this Aft, fliall be exempted from
^ny other penalty for the fame offence.

[This Aft pafled January 30, 1790.]

An ACT afcertaining the Boundary Line betv.'een
the Towns oi Egremont and Alford, in the County
of Berkfnre.

TyE it eiioBed by the Senate and Hotfe of Reprefentatives-, in
■^ General Court ajfembled^ and by the authority of the fame^
Dividing line That the following defcribed line be in future cftablilhed
as the dividing line between the towns of E^remont and
j4fo''d, vi?. — Beginning at a foft Maple Staddle, marked,
ftanding on the wefb line of this Commonwealth, the fame
being the north-wefl: corner of Egremont.^ and fouth-weft corner
of Alfo'd ; thence eaftwardly in a ftraight line to the north-
eaft corner of the original Indian grant of two hundred
acres, made to Peter Sharps on the weft line of the town of
Great Barrington ; any other line or lines defcribed in the
incorporating Afts of faid towns, to the contrary notwitht
ftanding.

[This Aft pafled February 6, 1 790.3

An ACT for repealing an A£t made and pafTed in the

Year of our Lord One thoufand feven hundred

and eighty-four, entitled, " An Ad: in addition to

an A61 for incorporating 'Jonaihon Gardner., jun. and

others therein named, into a Society by the Name

of the Marine Society at Salein^ in the County of

Fffex^ in the Province of the Maffachufctts Bay in

Ntw- England^" and alfo for altering the faid Act of

Incorporation.

Prcamblf. ^TST^EREAS by the rcprefentation of faid Marine Socie-

tV ^Y' ^^ appears that the effefts refulting from laid Aft,

made and pafled in the year of our Lord one thoufand feven

hundred and eighty-four, are not fuch as were expefted, and

that the benevolent views in inftituting faid Society will be

greatly promoted fliould the faid Ail be repealed, and fome

alterations be made in the faid Aft of incorporation :

Sect.

SALEM MEETING-HOUSE. Feb, 15, An. 1790. 261

Sect, i. Be it therefore enacted by the Senate and Hotife of
jR.eprtfentativesy in General Court a/femhled, and by the authority of
the fame^ That the fald A«Slj made and palTed in the year of our Additional AA
Lord one thoufand feven hundred and eighty-four, entitled, repealed.
" An A6t in addition to an AtSt for incorporating "Jonathan
Gardner^ jun. and others therein named, into a Society by the
name of the Marine Society at Saleniy in the county of EJfexy
in the province of the Majpichufetts Bay^ in New-England,' be,
?ind the fame is hereby repealed.

Sect. 2. ^nd be it further enabled by the authority aforefaidy
That the faid Marine Society may and fhall have as full pow- Society Inveft-
er and authority, at each of the monthly meetings of faid So- ^^ ^'"^^ power,
ciety for the purpofe of electing and admitting members, as
they have by faid A61 of incorporation, at their annual meet-
ing on the laft Thurfday of OEtober ,• provided that no peribn Provifo.
fliall be ele6led and admitted as a member thereof, at any oth-
er meeting of faid Marine Society than the faid annual meeting
on the laft Thurfday of OElober^ vmlefs two thirds of the mem-
bers pr^fent at iuch meeting vote and be in favour of fuch ad-
miffion,

[This A61 paffed February 8, 1790.]

An ACT to empower the Proprietors of the South
Meeting-IIoule in Saleniy where the Reverend Dan-
iel Hopkins officiates, to raife Money to defray
minifterial and other neceffary Charges.

WHEREAS application has been made to this Court Preamble,
by the Proprietors of the South Meeting-Houfe in
Salem, deliring that they may be empow^ered to raife money
by an afleiTment or tax on the pews and feats in the faid
Meeting-Houfe, to defray miniilerial and other necelTary
charges :

SscT. I. Be it therefore enaHed by the Senate and Houfe of
ReprefefitativeSy in General Court afembled, and by the authority of
the fame. That the Proprietors of the faid Meeting-Houfe be. Proprietor*
and hereby are authorized ard empowered to raife bv an empowered to
afleffment or tax on the pews and feats in faid Meeting- ^^^^ ^ ^^^'
Houfe, fuch fum or fums as Ihall be agreed upon by the Pro-
prietors, or the major part of fuch of them as fhall be afiem-
bled at any legal meeting called for that purpofe, for the
defraying the minifterial and other incidental charges ; and at
fuch meetings to choofe all ofncers neceffary to manage and
tranfacl all the buftnefs of the faid propriety.

And to the intent t'aat fuch tax or affeffment may be equi-
tably made and duly collected :

Sect. 2. Be it further enaEfed, That the Proprietors of To valu*

the faid Meeting-Houfe be, and hereby are empov/ered to pi^ws, &C'

caufe

262 SOMERSET. February 20, An. 1790.

caufe the pews and feats in the faid Meeting-Houfe to be
vahied according to the convenience of faid pews and feats,
and their lituation, and to put a new eftimate on the pews
and feats from time to time as fhall be found neceflary, and
to determine how much each pew and feat, or part of a pew
or feat, fhall pay towards defraying the charges aforefaid, and
the time and manner in which the fame fhall be paid -, and
appoint a Collector or Colledlors to colled the fum or fums
fo agreed to be raifed, who fliall be fworn to the faithful dif-

To choofe charge of his or their faid truft : And if any proprietor or

CoUeftors. owner of a pew or feat in the faid Meeting-Houfe fliall neg-
le*ft or refufe to pay the fum or fums afleffed thereon, after
having twenty days notice thereof given him by the Collector
or Collectors, the Proprietors of the faid Meeting-Houfe fliall
be, and hereby are empowered, by themfelves or by their
To difpofe of Committee, to fell or difpofe of the pew or feat of fuch delin-
pews, in cafe, quent, according to the valuation thereof as aforefaid ; and
with the money raifed by luch fale, to pay the afl*eirment or
tax on faid pew or feat remaining unpaid, together with the
charges arifing on the fale ; the overplus, if any there bs,
to be returnee! to the owner thereof.

Sect. 3. Provided ?ieverthelefsy That when the owner of
Provifo. any pew or feat fliall make a tender of the fame to the Pro-

prietors, or to their Committee, at the valuation aforefaid, and
they fliall refufe or negle£l to accept the fame, no fum fliall
be deducted out of the fale of faid pew or feat, but fuch only
as fliall have become due before the making of fucli tender.
Sect. 4. /Ind be it further ermBed^ That Richard Ward,
KichardWard, Efq. be, and lie hereby is empowered to iflue his warrant to
Efq. to iffue his fome principal Proprietor of faid Meeting-Houfe, requiring
warrant. j^j^^ ^^ warn the Proprietors thereof to aflemble and meet at

fuch time and place as by faid warrant fliall be appointed, to
choofe all fuch neceffiiry officers as by law are required to be
chofen in the month of March or Jpril annually.
[This Ad ^iStd February 15, 1790.]

An ACT for incorporating that Part of the Town of
Sivanzey, known by the Name of Shewamet, in the
funeaori793^ County of Bri/icl^ into a feparate Town by the
Name of So?nerfet.

Additional aft

Sect, i

JDE it enacled by the Senate and Houfe of Repre-
■'-' fentaiivesy in General Court ajpmbled, and by the
authority of the famey That the lands hereafter defcribed, and
Boundaries, bounded as follows, viz. Northerly, partly on Dighton, and
partly on the ancient Swanzey line j eaftwardly on Taunton
Great River, fo called ; foutherly on Lee's River, fo called ;
wefterly, partly on Lee's River^ and partly on the ancient

line

SALEM, EAST-PARISH. February 22, An. 1790. 263

line of Szvanzeyj including all the lands formerly known by
the Shewamet purchafe, however otherwife the fame may be
bounded, with all the inhabitants thereon, be, and hereby
are incorporated into a town by the name of Somerfet ,- and Somerret in-
the faid town is hereby invefled with all the powers, priv- "rporated,
ileges and immunities, to which towns within this Common-
wealth are or may be entitled, agreeably to tlie Conftitution
and laws of this Commonwealth.

Sect. 2. ^nd be it further eiiacled hy the authority nforefaidy «

^ That the Inhabitants of the faid town of Somerfet fhall pay To pay their
all the arrears of taxes which have been affeffcd upon them, J'^'^^P^^'J" °^
together with their proportion of all debts now due from^"^
the faid town of Sivanzey ; and fo in proportion, fhall re-
ceive all dues and town ftock whatfoever from the faid town
of Swanzey ; and that all perfons who were born on the To fupport
faid Shewamet ^Mvd\7Sey who may hereafter become charge- ^•i"'" own poor,
able for fupport, and have not gained a legal fettlement in
any other town, fhall be the proper poor and charge, of
the faid town of Somerfet ; and that in the apportionment
of all charges between faid towns, together with the poor
now at the charge of Swanzey, the fame fhall be divided
according to their proportion in the prefent valuation.

Sect. 3. ^nd be it further enaEled by the authority nforefaidy
That the inhabitants of the town of Somerfet fliall forever Miles's Bridge
hereafter fupport and keep in good repair, their proportion- J.*^^'^ P™*
able part of a bridge known by the name of Miles's Bridge, Z^i^^.
in the fame proportion that the town of Swanzey and the
town of Somerfet now pay in the prefent valuation.

Sect. 4. y^nd be it enacted hy the authority aforefnid.
That Samuel Toby, Efq. be, and he hereby is empowered to Samuel Toby,
ilTue his warrant, directed to fome principal inhabitant, re- -^^1 empower-
quiring him to warn and give notice to the inhabitants of^^^^ ^^^
the faid town of Somerfet, to alTemble and meet at fome
fuitable place In the faid town, to choofe all fuch town
officers as towns are required to choofe at their annual
town meetings in the months of March or April annually.
[This A61 pafTed February 20, 1790.]

An ACT to explain a certain Claufe in an Kdiy paffed
in the Year of our Lord One thoufandfeven hundred j^j ^^
and eighty-three, entitled, " An Acl to empower
the Proprietors of the Meeting-Houfe in the Eaft
Parifh in Salem^ to ralfe Money by a Tax on the Pews
and Seats in the faid Meeting-Houfe, to fupport a
Colleague to their prefent Minifter,and making Pro-
vilion for the DifTolution of the faid Parifh.*'

WHEREAS in the faid Aft It is among other things
provided, that the faid parifh fhould ceafe to be a Preamble,
parifh upon the death of the Rev. James Diman, then the

minifler

264 JOHN TULLER SET OFF. Feb. 22, An» 1790.

miniftcr of the faid parifh ; in confequence of which proviiion,
doubts have arifen whether the inhabitants of the faid pari{h
can fue or be fued, fince the death of the faid James Di-
many for any caufe or matter that originated in his hfe-time ;
to remove which doubts, and to prevent injuftice :

Be it enacted by the Senate and Houfe of Reprejetitntivesy in Gen-
eral Court ajfemblcdj and hy the authority of the fame^ That the
faid pariih ihall be conftrued to have continued, and fhall con-
tinue to be a pariih, for the purpofe of fuing and of being fued
upon any contract made with or by the inhabitants of the faid
Parifh power pariih, in their corporate capacity, in the life-time of the faid
refpeding con- j^^y^g^ Dimany and of profecuting and defending fuch fuit or
trads, &c. re- ^^.^^ ^^^^ ^^^^^ judgment and execution ; and alfo for the pur-
pofes of voting, aireffing and collecting any fums of money,
which Ihall be neceffary for paying the arrearages and expenfes,
which have arifen or fliall arife refpe£ting any fuch contracft, or
any fuit thereupon, as fully and in the fame manner as if the
faid James was now living j any thing which may be Uippofed
to be in the faid Aft to the contrary hereof notwithftanding.
[This Aft paiTed February 22, 1790.]

An ACT to fet off JoJm Tidier from the Town of
Sheffield^ in the County of Berkfhire^ and annex
him to the Town of Egremont.

'qE it enacted by the Senate and Houfe of Reprefenta-
oECT. I. Jj^-.y^j^ ifi General Court ajfmbkdy and by the author^
ity of the famey That John TiiUery with his farm, confifting of two
hundred and ninety-lix acres, bounding as followeth : Beginning
John Tuller, on Sheffield weft line, at a ftake and heap of ftones, the fame being
fet off to ^^<^ ^]^^,f^QYl\^-^\Qi^. corner o^ OrreGordinieurslindiy thence running
town of Egre- ^^^ ^^^ degrees and thirty minutes fouth fifty-nine chains,
and twenty-nine links, to the fouthweft corner of Ifaac Vaf-
brotigh's meadow ; thence north thirteen chains fifty links j
thence eaft five degrees thirty ininutes fouth twenty chains
feventy-one links to a ftake and ftones ; thence north twenty-
{Qven chains to an afh tree marked, ftanding on the fouth line
of Great-Barrington ; thence on faid line weft five degrees and
thirty minutes, north eighty chains to the north-weft corner of
Sheffield, and ibuth-weft corner of Great-Barrington ; thence on
the weft line of Shcjiefd, fouth thirty minutes, eaft fixty chains
and fifty links, to the firft mentioned bounds, with the houfes
and other buildings thereon, be, and they are hereby let ofif
from the town of Shefleldy and annexed to the town oi Egre-
mont, and ihall forever hereafter be confidered as making part
of the fame.

Sect. 2. Ptovided neverthelefs. That the faid John Tuller
provlfo. (hall be ftill holden to pay his proportionable part of all taxes

abready

METHUEN- February 22, An. 1790. ^C$

already aflefled upon him by the town of Sheffield^ in like man-
ner as though this A<ft had never been made ; and fhall alfo
pay his proportionable part of all State taxes that fhall be laid
on the town of Sheffieldy previous to another general valuation
being eftabiiihed.

[This Aft pafTed February 22, 1790.]

An ACT in addition to, and for the explanation of,
an Act pafied in the Year of our Lord One thou-
fand feven hundred and feventy-nine, entitled,
" An A(5t for fetting off a Number of the Inhabit- See Appendix,
ants of the. Town of Methuen, in the County of
EJfex, into a feparate Pariih.'*

WHEREAS the faid ACt has been and may be conftrued to Preamblfc
intend that all efkates which the inhabitants of the faid
town of Methuen, lawfully eflablifhirig tbemfelves as parifhion-
ers in the faid parifli, by the faid Aft ercfted, ihall have pur-
chafed fince the ereftion of the fame, fhall forever be fet off
and remain to that parifli, although afterwards belonging to
perfons attending public worfhip in the other and elder parifh
of faid town, which conftruftion operates unjuftly ; for remedy
whereof.

Be it enaEled by the Senate and Hoiife of Reprefentatlvesy in Gen-*
eral Court ajfefubled, and by the authority of the famey That the To whom tlie
faid Aft and the claufes thereof fhall hereafter extend and be con^ benefit Ihall ex-
ftrued to extend to the eftates of fuch perfons as have eftablifh-
ed tbemfelves as pariihioners in the laid fecond parifh by the
faid Aft erefted, in their pofTeffion and improvement, and fhall
not be conftrued to extend to the eftates of any perfons be-
longing to the other and elder parifla of the faid town j any
claufe in the faid Aft notwithftanding.

£This Aft pafied February 22, 1790.]

An ACT for incorporating certain Perfons for the Pur-
pofe of erecting and maintaining feveral Booms in
Merrimack River, and for flopping and lecuring the
Logs and Lumber that fhall be drifted down the
faid River.

WHEREAS it appears that the formation of a corporation PieataMc.
with power to ftop and fecure the lumber drifted down
the river Merrimack, under proper regulations and reftriftions,
would promote the public intereft, and be greatly advantageous
to individuals : Sect.

Vol. I. 2....K:

266 MERRIMACK RIVER. February 22, An. 1790.

Sect, i . Be it therefore enaBed hy the Senate and Houfe of
Reprefentatives ^ in General Court ajfembledy and by the authority cf
Proprietors. the fame j That Parker Varnuni^ and fames Varnum^ of Dracutf
Efquires, Samuel FoUanfjc, of Haverhill^ Reuben Davisy John
Ford and Daniel Coburn, of Chelmsford^ Thomas Poor^ of Me-
thuen^ Efqxiii'e, George Scarle, and fofeph Tyler, Merchants, of
Newbury- Port, Robert M'Gregore, of Goffjloiun, Efquire, and.
fames Thorntoon, of Jllerritnack, in Neiu-Hamj)//m'e, together
with fuch others as may hereafter become proprietors in the
booms which are or may be eredlcd for the purpofes aforefaid,
be, and they are hereby conftituted a corporation for
Incorporated, jj^g purpofe of flopping and fecuring the lumber drift-
ing down Merrimack River, otherwife than in rafts, by the
name of the Aflbciated Proprietors of Lumber in Merrimack
Their powerii. j^j^^y . ^nd by that name to fue and profecute and to be fued
and profecuted to final judgment and execution, and to do and
fuffer ail matters and things which fuch bodies politic may or
ought to do and fuffer ; and the faid corporation, have full
power and authority to make, have and ufe a common feal, and
the fame to break, alter and renew at pleafure.

Sect. 2. And be it further enacted by the authority aforefaid^
Manner of ^pj^^f^ ^)^q f_jj j corporation, or any five of them, may, by adver-
ings. tifement, pofted up at fome public place, in every town

in which any of the faid proprietors live, at the time fuch
advertifement is pofted up, call a meeting of the faid proprie-
tors, to be holden at fome fuitable time and place, not lefs than
fifteen days after the p4fting up fuch advertifement ; and the
faid proprietors, by a vote of the major part of them prefent or
Clerk to be reprefented at fuch meeting, fliall choofe a clerk, who fliall be
*^ ° °"' duly fworn to the faithful difcharge of the duties of his office,

Meetings how ^^^ ^)^^^ ihzW agree upon a method for calling future meetings
to be called m r i /-j • j t • i r r

future. ^^ ^"® '^"^ proprietors ; and upon any application hereatter or

other perfons dealing in logs and lumber in the faid river, to
be alTbciated with the faid proprietors, the votes of not lefs than
two-thirds of the proprietors prefent fhall operate to exclude
fuch perfon or "perfons from a participation in faid propriety,
they fubfcribing to the rules and regulations thereof. And
the faid proprietors be, and they are hereby empowered to
Empowered to ere^t, fupport and maintain fuch number of booms, in fuch
ere ooms. pj^^-^g jj^ ^\-^q f^;^ river, as they fliall judge necefiary to anfwer
Provifo, the purpofes aforefaid : Provided, That no fuch boom fliall be

ere6ted in the faid river, fo as to iftop, clog or hinder any pub-
lic landing, ferryway, or the lawful right of improvement of
any individual, or fo as to prevent or obftrudl the free and
ufual courfe of rafts down the faid river ; and the proprietors
Boom matters fj^j^]} j^^ fome legal meeting appoint boonvmafters to infpe£t and
«o be appointed, ^^j^^ ^^^.^ of the lumber ftopped in the faid booms, and may alfo

choofe

MERRIMACK RIVER. February 22, An. 1790. 267

choofe and appoint any other officer or officers In the faid corpo-
ration, and may make and eftabUfli fugh rules and regulations as
they fhall judge neceffary for regulating the laid corporation,
and for effedling, completing and executing the purpofes of
this AOi ; and may enjoin fines pr penalties for the breach of
fuch rules and regulations, not exceeding fotir pou/:ds for each
offence, to be recovered in any Court proper to try the fame ;
Provided lucli rules and regulations are not repugnant to the Provlfo.
Conftitution or laws of this Commonwealth. And this AiSl, a fair re<or4
with all the rules, regulations and votes of the corporation, fhall to be kept by-
be fairly and truly recorded by the clerk, in a book or books to ^^^^ '^'^'^^•
be provided and kept for that purpofe. ,

Sect. 3. j^nd be itfuiiher enatled by the authority aforefaidy CorporatioM
That the faid corporation may ftop and fecure, or caufe to be ^"^powered to
flopped and fecured, all the logs and other lumber, which fhall lumber adrift
be drifted down the faid river, otherwife than in rafts, in any until certaia
of the booms which have been or fliall be ere£led for that piu-- ^'^^^ a^e paid,
pofe, or at fuch other places in the faid river as they may think
proper, and retain the fame in the cuftody of the corporation,
whether or not the property of the faid airociated proprietors,
until the owner or owners of fuch logs or lumber fhall pay to
the relpeftiv^ boom-maflers, or fuch other perfons as the faid
corporation fliall appoint for that purpofe, the lawful fees for
flopping and fecuring the fame ; and no log or other lumber
fhall be delivered by the boom-mafters, or other perfons ap-
pointed by the faid corporation to fecure the fame, until it fliall
have been furveyed by a fworn furveyor of lumber ; and if any Corporation t»
logs or other lumber fliall, by the laid corporation, or any of ""^"'^ reftitu-
their officers, be detained from the owners after they fliall have
tendered the boom-mafters or other perfons appointed to fecure
the fame, the lawful fees therefor, the corporation fhall pay to
the owner or owners of fuch logs or other lumber double the
value thereof, to be recovered in any court proper to try the
fame.

Sect. 4. Provided neverthelefs, That all perfons who may Provlfok
choofe to iiave their logs or lumber drifted by the falls of Pa~
tucket on faid river,. by applying feafonably to the clerk of faid
corporation, and entering with him their names and the marks
of fuch logs or lumber belonging to them, which they do not
wifh to have ftopped above the faid falls, the boom-mafters and
all others concerned under the faid corporation in driving the
lumber in faid river, fhall, as far as is in their power, let fuch logs
and lumber pafs down, the marks of which have been thus en-
tered with the clerk : But if their logs or lumber fhould, not-
withftanding, be caught and ftopped in the booms aforefaid, fuch
perfons having thus entered their names and marks as aforefaid,
fhall be entitled, upon application to the boom-mafters, to re-
ceive the logs and othqr lumber thus flopped without fee or

reward >

268 MERRIMACK RIVER. February.^!, An. 1790.

reward ; and the faid boom-mafters lliall be obliged to render
them fuch affiftance as is in their power, to turn their logs
and lumber out of the boom where they iliall have been thus
ftopped.

Sect. 5. And be it further enaBed by the authority aforefaidi That
.—Lumber re- if any logs or other lumber Ihall remain in faid booms or other-
maining aniiu- ^jfg j,-j ^j^g cuftody of the faid corporation, w^hich ihall by them
booms! ho\v to ^^"^'^ heen fecured as aforefaid, which is not the property of the
be dilpofed of. faid aflbciated proprietors, on the firfl: Tuefday of November an-
nually, the faid corporation fhall caufe the fame to be advertifed
at fome public place, in the towns of Neiubury-Porty Haverhilly
Andover^ Chelmsford^ Litchfield and Goffjlowriy for the fpace of
fifteen days at leaft, defcribing in fuch advertifements the num-
ber of logs and the admeafurement of each, with a defcriptibn
of the quality and quantity of other lumber fo detained, with
the marks thereon, and the places where the fame are depoHt-
ed, a copy of all fuch advertifements fhall be entered in the
clerk's book ; and if after the expiration of the faid fifteen days
from the time of the pofting up fuch advertifement, no perfon
owning the fame fhall appear and pay the fees hereafter men-
tioned, and coft of advertifement, ail fuch logs and other lum-
ber Ihall be diipofed of at public vendue, and the proceeds of
fuch fale fhall be retained and held by the faid corporation for
the term of one yeai- thereafterwards j and any perfon who fliall
apply to the clerk, and prove his property in fuch logs or lum-
ber within that time, fliall be entitled to the overplus proceeds
of his property, after dedu£ling the lawful fees for flopping and
fecuring the fame and incidental charges ; and if no owner fliall
appear within that time, the overplus of all fuch fales fhall refl
in the hands of faid corporation until it fhall amount to thirty
3Proviro. poiindsy or upwards ; provided the clerk of faid corporation fliall

annually return a certilicate into the Secretary's office of this
Comm^onwealth, fpecifying the fum thus accumulating from
year to year, and in cafe of the negle£l of faid clerk's making
an annual return as aforefaid, he fliall forfeit and pay for every
Sum dcpofitcd offence the fum of ten pounds ; and when, and as ojften as the
in the treaf- fum of thirty pounds fliall be thus accumulated by the faid cor-
vry- poration, they fhall, and hereby are obliged to pay it into the

treafury of this Commonwealth, there to be depofited in aid of
any funds that may hereaftei- be raifed to remove the obftruc-
tions to a free pailage of logs and other lumber down the river
•^^^ ^ ^ -^^ Merrimacl aforefaid; and upon application therefor to the
atcd. Legiflature, fuch fum or funis thus depofited in the treafury

aforefaid, fliall hereafter be appropriated fo: the purpofc above-
mentioned.
^_^-, . Sect. 6. And be it further enaBed by the authority aforefaid^

fcca.° ^ ' That the faid corporation fhall be entitled to receive of the re-

fpe£live

PEMBROKE ALEWIVES. February 26, An. 1790. 269

fpeftive owners of logs and other lumber by them flopped and
fecured as aforefaid, the following fees, otherwiie than as is be-
fore excepted, viz. For each log above Hunfs Falls ifoitrpence^
and all. other lumber in the fame proportion. For each log be-
low Hunts Falls, and above Ofgooifs Point, (fo called,) in Ando-
ver, fix p£?ice, and all other lumber in the fame proportion.
For each log below Ofgood's Point, and above Cottiers Ferry,
feven pence, and all other lumber in the fame proportion. For
each log below Cottle's Ferry, eight pence, and all other lumber
in the fame proportion.

Sect. 7. And he it further enacled by the authority aforefaid. Corporation
That the faid corporation are hereby empowered to levy a tax ^'"poweied t«
on the feveral members thereof annually, for the purpofe of de-
fraying the expenfe they may incur in erecting booms, flopping
and lecuring the faid lumber, and driving the fame down the
faid river, over and above the fees for flopping and fecuring
the fame ; faid tax to be alTeiTed in the month of February or
March annually, and in the fame proportion that the feveral
proprietors fliall have had lumber fecured by the faid corpora-
tion the year preceding ', and if any of the proprietors fhall re-
fufe or negle<^ to pay their proportion of the taxes afTelTed as
aforefaid, for the term of twenty days after the fame is prefent-
ed to them for payment, the faid corporation may fell at public
vendue fo much of fuch deticient proprietor's lumber as will
pay the deficiency of his faid tax and incidental charges.
[This Adl palTed February 22, 1790.]

An ACT empowering the Town of Pembroke to regu-
late and order the taking and difpofing of the
Fifh called Alewives, within the Limits of the faid
Town.

WHEREAS the town oiPembrole, in the county of Ply- Preambl*
mouth, hath been at confiderable expenfe and charge in
opening a palTage for the fifli called Alewives, from the fea into
the ponds called the Indian Ponds, being wholly within
the bounds of the faid town, it is but reafonable and
jufl, that the ordering of the taking of the faid fifli,
and the difpofltion of them, when taken, flaould be wholly
vefted In the faid town : And whereas an Adl heretofore made
for that purpofe has been found inadequate to the purpofes
thereby intended :

Sect, i . Therefore he it enaFled by the S^naie and Houfe of Town to dcter-
Reprefentatives, in General Court afemhled, and by the authority of mine times and
the fame. That it fhall and may be fiwful for the inhabitants of P " .J^
the faid town o£ Pembroke, at a meeting legally and regularly aflem-
bled for that purpofe, from time to time, and at all times here-
after, to determine and order how, in what manner, by whom,

and

270 PEMBROKE ALEWIVES. Febrmr^j 26, An. 1790.

and at what place or places, time or times in the year, the faid
iifli may be taken within the town aforefaid, and Ihall caufe a
copy of fuch order, attefted by the town-clerk, to be pofted up
in forae public place in faid town, whereunto all perfons fhall
conform, with refpedt to the taking and difpofing of the faid

Forfeiture. fifh, on penalty that the offender againft the fame fhall forfeit
and pay a fum not exceeding three pounds^ nor lefs than
forty fhillwgSy for each offence, at the difcretion of the Juftice
before whom the fame fliall be tried.

Sect. 2. And be it further enaBed by the authority aforefaidy

Committee to That the inhabitants of the ^town of Pembroke fhall be, and

h ^^^ ^ hereby are empowered and direfted annually to choole three

■ or more perfons, being freeholders in the faid town, to fee that

this A<ft be duly obferved, agreeably to the directions of faid

town ; and each perfbn fo ehofen fhall be fworn faithfully to

Their powers, difcharge the duties required of him by this A<St ; and the faid
committee are hereby authorized and empowered, to caufe the
natural courfe of the ftream, through wliich the faid fifh pafs,
to be kept open and without obftruftion, and to remove any
fuch as may be found therein \ and the faid committee or ei-
ther of them, fhall have authority for thofe purpofes, to go on
the land or meadow of any perfons through which fuch ftream

Perfons deem- runs, without being confidered as trefpafTers ; and any perfon

cd fubjedt to ^j-^q £jjg[j moleft or hinder faid committee, or either of them,
in the execution of his or their office, or fhall obfb-U(Sl any paf-
fage-way in faid rivers or fiream within the faid town of Pan^
brokcj otherwife than may be allowed of by the faid town, he or
they fhall forfeit and pay a fine for every fuch offence not ex-
ceeding the fum oi five poundsy nor lefs than three pounds.

Sect. 3. And be it further enacled^ That if the committee.

Certain cafes, or either of them, fhall detect any perfon or perfons in attempt-
ing to take any of the faid fifli at any time, or in any place, or
in any manner, otherwife than is allowed by the faid town, or
Ihall find fuch fifli with fuch perfon or perfons, they fhall be
deemed to have taken the faid fifli unlawfully, and fliall be fub-
jecl to the penalties of this A(fl: accordingly, unlefs fuch perfon
or perfons can make it appear on trial, that they came by the
faid fifh in fome other way.

Sect. 4. And be it further enaBed^ That the faid commlt-

Committee em- tee be empowered, and are hereby empowered and authorifed,

powered to j^ open the fluice-ways through any dam or dams that are or

^ays, * " may be erefted within the town of Pembroke^ on the ftream lead-
ing out of the great ponds, at the expenfe of the owner.

Sect. 5. And be it further etiaBedy That no perfon fhall

Witnefs. -^^ confidered as difqualified from being a witnefs on any trial

that may be had purfuant to this Act, on account of his belong-
ing to, or being an inhabitant of the faid town of PembroJie.

Sect.

PEMBROKE ALEWIVES. February 26, An. 1790. 271

Sect. 6. And be it further enacted. That if any fervant or Parents or
minor fhall be found taking any of faid fifh, in any wife con-- guardians to be
trary to this A£l, or contrary to the rules and orders of faid ^"^werable for
town of Pembroke as aforefaid j the parents, mafters or guardi- „Qfg,
ans of fuch minors or fervants, fliall be hable for the fines
and forfeitures incurred by the breach of this A€t, or thf rules
and orders of- the town aforefaid.

Sect. 7. 'And be it further enaBedy That in cafe any poor Claufe refpea.
or indigent perfon or perfons Ihall be found taking any of ^If^^^ ^^^bv
the faid fifti contrary to this Acl, or contrary to the rules indigent per-
and orders of faid town of Pembroke, it Ihall be lawful for the fons.
committee or overfeers ofj faid brook, chofen as aforefaid, to
take from fuch poor or indigent perfon or perfons, their net or
nets, with which they may be found taking faid fifh, and detain
them in their cuftody for the fpace of one month, or until
they do appear and pay the fines and forfeiture arifing by the
breach of this A£l, and the orders of the town aforefaid : And
in cafe the faid poor perfon or perfons do not appear, and pay
the fines and forfeitures as aforefaid, within one month as afore-
faid; the faid net or nets ftiall be forfeited to and for the ufe
of the poor of the faid town of Pembroke.

Sect. 8. And be it further enaBed, That no perfon or per- Penalty,
fons, at anytime between the firft day of y^nV and the fifteenth
day of June annually,, fhall enter the river commonly called
and known by the name of Barker's River, above where faid
river adjoins to Indian Head River, fo called, with an intent to
drive, feine, or otherwife difturb the fifh in faid river, where
the tide ebbs. and flows, on penalty oi five pounds for each of-
fence, to be recovered in manner hereafter mentioned.

Sect. 9. And be it further enaBed, That no perfon or per-
fons Ihall prefume to fet, draw or cafl: any feine, drag or fet-net,
of any dimenfions whatfoeverj in the "North River, fo called, ex-
cept on the Monday and Friday of each week ; and that between Days appointed
the fun's rifing and fetting of each day j and that no feine, ^^ ^^"'"S °«"*
drag, or fet-net, Ihall be fet, drawn or cafl: in faid river above
what is commonly called and known by the name of the third
Herring Brook, or ^melt Brook.

Sect. 10. Provided neverthelefs. That the inhabitants of the Provlfo.
feveral towns adjoining the faid river, are hereby permitted and
allowed to fet, fet-nets, or fcoop-nets, at North River Bridge, fo
called, on the Monday and Friday evenings of the faid days in
each week ; from eight of the clock in the afternoon, to ten of
the clock in the evening of the fame day ; between the firfl:
day of April and the fifteenth day of May annually, on
the penalty of five pounds for each offence.

Sect, i i . And be it further enaBed, That all fines and for- Fines how «llf-
feitures, accruing for any breach of this A£t, fliall be, one half pof'^'^ ^^'
to the ufe of the poor of the faid town of Pembroke, and the

other

27« MERRIMACK R. FISHERY. March 4, An. 1790*

other half to him or them, who fhall jprdfecute and fue for the
fame j to be recovered by action of debt, in any court proper
to try the fame.
Former laws , And all former laws heretofore made for the regulation of
repealed. the Alewive filhery, in the town of Pembroke j are hereby re-

pealed.

[This Adi paffed February 26, 1 790.]

Additional aas, ^"^ ACT to rcgulatc the catching of Salmon, Shad
Mar 21,1793! and Alewives, and to prevent Obftruclions in
?u'^Z' 'c^"^" Merrimack River^ and in the other Rivers and

Feb. 7, T6O3. .', ir • ^ ' ^ • r>

Mar 9, 1804 Streams running into the lame, within this Com-
Takingof fai- monwealth, and for repealins: feveral Ads hereto-

jnon prohibited i r i ti r

during the win- lore made tor that rurpole.

t!1<. o^^'!"r.^r<-i D-S ii enaEled bv the Senate and Houfe of Reprefenta-

June 20,1795. Sect. I. A) ,• ■ n 1 1^ , n^ 11 ^ \ji ^u ii u

-*-' tives^ VI Kjcneral Lourt ajjemoled.^ and by the authority

of the fame ^ That an A<ft palTed in the year of our Lord one
thoufand feven hundred and eighty-three, entitled, « An A6t to
Laws repealed, regulate the catching falmon, fhad and alewives, and to remove
and prevent obftrudlions in Merrimack River, and in the other
rivers and ftreams running into the fame within this Common-
wealth, and for repealing feveral A6ls heretofore made for that
purpofe," together with the feveral fubfequent A(fls in addition
thereto, be, and hereby are repealed j except fo far as may re-
late to any a<Stion, indictment or information which have been
already commenced for the breach of the fame.

Sect. 2. A?id be it further enabled by the duthority aforefaid^
Time and days 1^^^^* "° perfon or perfons v/hatever be allowed, from and after
allowed for the paffing this Aft, to catch any falmon, fliad or alewives in
taking of fiiTi. any part of Merrimack River, or in any river or ftream center-
ing to, and running into the fame, within this Commonwealth,
oftener or more than three days in a week ; the days to be
Monday, Tuefday and Wednefday in each week, and from funrife
on Monday morning, to funrife on Thurfday morning. And if
any perfon or perfons fhall catch any falmon, fliad or alewives
in Merrimack River, or any river or ftream centering to, or run-
ning into the fame, or fliall drag any feine or drag-net, or fet
any net or pot, or ufe any other machine for the purpofe qf
catching any of the faid fifli in the faid rivers and ftreams, and
within this Commonwealth, at any other time or place than by
P r ff d ^^^ ■^'-^ '^ allowed, each and every perfon fo offending fhall
iiig to be fined, forfeit and pay for each offence, a fine not lefs than thirty Jhil-
lifigs, nor more than four pounds, at the difcretion of the Court
before which trial fliall be had, according to the aggravation
of the offence ; and the feine, net, pet or other machine fo
ufed iliall be forfeited.

Sect.

SALMON, SHAD, &c» March 4, An. 1790. 373

Sect. 3. ^nd be it further ena^ed h^ the anthorl!^ aforefaidy Peifons ob-

That if any peribn or perfons fliiill erecl any obftrudtion or in- ftnu^ing the

ciunbrance, in or acrofs the fuid Jllerrimack River, or any of I- , .''^<^ '

... . . . (, -A. ini>iect to pen-

tlie rivers or Itrcams runnmg nito the lame, or contuiue Inch aUy—

T\s are akeady erecTteJ, fo as to prevent the free paiTage of the

laid liih up and do\rn tlie faid rivers and ftreams, he or they fo

offending ihall forfeit and p-.iy a fine of twenty pounds.

Sect* 4. And be it further cnnclcd by thU authority qforcfaid, Pi-ohibltcd
That no perfon or perfons, from and after the palling this Act, at°t}ireiur*'nc
ihall at any time catch any falmon, fhad or ale wives, with leines, of riversj &c.
nets, or pots, or any other way, at the month ot enfrance of the
aforefaid rivers or ftreams, (or within eighty rods of the fune,
lip fuch rivers and llreams, nor in the mouth of Concord River,
below Tyler^s and Spnuldings mill-dam) in which fuch lifli
ufually go up to caft their fpawn, nor in any pond from which
fuch rivers or Itreams proceed, nor in any brook or rivulet that
run into fuch ponds ; and any perfon or perfons io offending. Penalty,
fliall for each offence forfeit and pay a fine not lels than thirty
JhiUings nor more xh'^xx four pounds, at tl\e difcrction of the court
before which trial Ihall be had, accordint: to the a^oravation of
the offence ; and the feine, net, pot or other machine uibd in
catching the fame Ihall be forfeited.

Sect. 5. And be it further enciBed by the authority nforfaidy Forfeiiui-e for
That if any perfon or perfons fhall liih with a ieine or net ex- ^^^'"S contra-
ceeding eighteen rods in length, or extend more than one feine
or net on the fame fiflung ground, at one and the fame time, he
or they ihall for each offence forfeit and pay a hne of four
poundsy and fuch feines or nets fliall be forfeited.

Sect. 6. And be it further enacted by the authority aforefaid.
That from and after the palling this Adt, every town in this
Commonwealth, bordering on Merrimack River, and in which
there are any pondsj rivers or ffreaiiis' centering to, or empty-
ing thenilelves into MerrimacJk River, where lalmon, fhad or
nlewives do, or would (if not obftru^lcd) go up to caff their
fpawn, fliall at their annual meeting in the month of March Fi^l^ wardens
or Apri/ annually choofe by ballot at leaff four fuitable and *^ Jln^^X'"^'
fit perlbns as liih-wardens ; whole duty it fhall be jointly and ' . ' *
leverally- to fee that this Act, and the Aft for keeping open — '^'"•"' "^"^y-
fluice-ways in dams, be carried into, effect, -and to inform againft
any perfon or perfons that Ihall offend againft the faid Afts,
and to examine and meafure feines and nets ufed in catching
the faid tilli, and to fee that all obftructions in the rivers and
ftreams aforefaid, be removed, and to profecute all breaches of
tlie faid Acts. And all perfons chofen lilh-wardens as afore- To be Avcru,
faid fliall be fworn to the faithful difcharge of the duties of
their office ; and when fo fworh, they ihall have power to ]nu--
fue, and they are hereby authoi'ized to purfue and execute the
rfiities of their faid office, in any town or place within thi^j

Vol. I. iJ..,.L Commonweukh

t74 SALMON, SHAD, &c. March 4, An. 1790.

Commonwealth where this A£V can operate or have force.
Forfeitures. And if any perfort chofen as aforefaid (hall refufe or negle«5l to
be fworn to the faithful difcharge of the duties of the faid office,
he fhall forfeit and pay a fine oi forty Jlnl lings for the ufe of the
poor of fuch town, to be recovered by the Tov.'n-Treafurer ;
and fuch town iliall proceed to a new choice, and fo tGtia quot'ies*
And any perfon who ihall prevent any fifh-warden from meafar-
ing any feine or net which fliall be ufed for the purpofe of taking
' fiili in the faid rivers and ftreams, fhall forfeit and pay the fum
oi four pounds. And if any of the towns aforefaid fhall negle£l
to choofe fifh-wardens annually, agreeably to the true intent
of this Aft, fuch town fhall forfeit and pay a fine oiffty pounds^
for the ufe of the county in which fuch delinquent town lies.
Sect. 7. Be it enacledy That if any frelh falmon, Ihad or
alewives fhall be found with, or in the pofTefHon of any perfon or
perfons whatever within three miles of any of the faid rivers or
ftreams, and within this Commonwealth, at any other time than
that allowed by law for catching the f lid fifh in the faid rivers
Perfons held ^^j ftreams j fuch perfon or perfons fhall be held and account-
breach of this ^^ ^'^ ^"^^'' ^° ^^ g^"^ty of catching fuch filh contrary to the
aft— fubje<a to true intent and meaning of this Act, and fhall pay a line ac-
peualty. cordinglv ; unlefs fach perfon or perfons fhall make oath in the

court before whom trial is had, that the faid fifli were adlually
caught within the time allowed by law for catching the fame,
or make proof who was the perfon or perfons that caught fuch
fifii, or who fold the fame.

Sect. 8. Provided akuays. That every Juftice of the Peace
Provifo. ^.Q ^vhom complaint fliall be made againft any perfon or perfons

for having in his or their poITeffion, any frefh falmon, fhad or
alewives as aforefaid, fliall, before he ifTue his warrant againft
the perfon or perfons complained of, caufe the complainant to
make oath to his complaint, and that he really believes fuch
fifh were caught at a time prohibited by law for catching the
fame.

Sect. 9. And be it ennBcd, That any of the faid fifh-war-«
^e?"r"iS[' ^^^^^' grand-jurors, fheriffs, deputy-flaerlfis or conflables, fhall
fcizurea. ^^^e a right to feize any feine, net, pot or other machine, em-

ployed in any of the faid rivers or flreams, for the purpofe of
catching the faid fifli, at any other time or place than fuch as
Perfons oppof- are allowed by this A£l. And any perfon or perfons that fhall
ing or prevent- pj.gyg^^^ fuch fifli-warden, grand-juror, fherifF, deputy-fheriff^
in his duty— or conftable, from fuch feizure. or fhall refcue any feine, net,
lubjed to a pe- pot or Other machine from fuch ofHcer, when* feized, fhall, on
naltjr. conviction thereof before a Juftice of the Peace, pay a fine not

lefs than thirty fhillings nor more than four pounds^ and fhall be
liable to anfwer to the feizing officer in an action of trefpafs,
for double the value of fuch feine, net, pot or other machine.

Sect.

SALMON, SHAD, &c. March 4, An. 1790. ^JS

Sect. 10. And be it further enaBedy That when any feine, When feizure
net, pot or other machine, fliall be employed for the purpofe of 'l^ niade— the
catching filli, at any time or place not allowed by this Adl, and hiformadorf' to
fliall be feized by any of the officers aforcfaid, it fliall be the du- a Jufticc of the
ty of fuch officer to give information to fomc Juftice of the Peace.
Peace within the county wherein fuch feine, net, pot or other
machine was found employed as aforefaid ; a copy of which in-
formation, containing the time when and place where fuch
feine, net, pot or other machine was feized, Avail, by order of
fuch Juftice, be polled up in fome public place in each of
the two towns next adjoining the place where fuch feine,
net, pot, or other machine was feized, and alfo a notification To appear and
to all perfons interefted in fuch feine, net, pot, or other "^ "
machine to appear before the faid Juflice, at a time therein
named, (which fhall be within fourreen days, and fhall not be
lefs than feven days from the time of polling up the notifica-
tion) to fhew caufe, if any they have, why fuch feine, net, pot
or other machine fhould not be forfeited ; and if upon trial
the claimer or claimers fhall produce fufficient evidence, that
he and they were ignorant of the unlawful ufe of their feine,
net, pot or. other machine, and Ihall give information of the jReftoratloni
perfon or perfons unlawfully ufing the fame, the feine, net, pot '" '
or other machine feized as aforefaid, fiiall be reftored to the
claimer or claimers thereof: And the perfon or perfons con- Penalty.
viiSled of uuijg the fame without the conl'ent of the owner,
fhal', in addition to the penalty in this A61 provided for
iilhi ig on days not herein allowed of, pay another line of
twenty JbiUings each, or fuffer imprifonment in the common
gaol not exceeding twenty days \ but in all cafes where the
owner or owners fhall not produce evidence of the perfon or
perl^iis offending, their foine, net, pot or other machine fliall
be adjudged forfeited.

Sect. 11. And be It eniElcd^ That on complaint made to juftlceempow-
any Juftice of the Peace for the county where any ofxence ered to ilTue his
againft this Act fliall be committed, againfi: any perfon or per- '^^^^^nt, on
fons for breach of this Aft, or upon view of any Juftice of the ""^ ^"^ *
Peace, fuch Juftice is hereby empowered to iiTue his warrant,
directed to a proper ofiicer, to apprehend fuch offender
or offenders, and bring him or them before him, or fome
other Juftice of the Peace in the fame county, to anfwer for
tiie offence.

Sect. 12. And he it enaBed^ That all fines and forfeitures p-j,gj ^^^ ^^^^
incurred by breach of this Adt, where the fine, exclufive of the feitures rccov-
feine, net, pot, or other machine, ufed in fuch breach, doth not erable.
exceed yiz/r pounds^ fhall be recovered before any Juftice of the
Peace in the county where the offence is committed ; an appeal Appeal allow-
being allowed to either party to the Court of General Sefiions ed.
of the Peace next to be holden in and for the fame county ; —
Provided fuch appeal is claimed in opened court, within one
hour after judgment is declared. Provided alfo^ That the appel- Pf^vifo.

lant

27^ DOVER l3' MEDFIELD. March 4, An. 1790.

lant recognize witli fuilicicnt furotlcs, to profecute his appeal to
effect, aiul abide the linal judgment thereon ; and the Jiiftice
ihall bind over the witnelles againit fuch offending perlbn or
In cafe of con- pcribns ; and in cafe of conviction before the Juftice and no
virion, and no ^ppg^l had, the pcribn or perfons fo convieled fliall, up-
on neglecl; to pay to tlie Jufiiice the fine fo laid on him or
them, and legal coils, be committed to the- gaol of the ccitnty,
there to remain until payment be made ; and all fines lipwards
of four poum/s, exclufive of the feine, net, pot or other machine,
ihall be recovered by bill, plaint or information, in any court
•within this Commonwealth proper to try the fame.

iSect. 13. And be it ennBcdy That it is hereby made the duty
Duty of oiTi- of all grand jurors, flierifls, deputy fiicriffs and conftables,
*^'^r*'''^^r^^^'"S diligently to inquire after and duly to prolecnte all breaches
of this Aft. And the tefcimony of any filh-warden, duly cholen
and iworn as aforefaid, grand jurors, iheriff, deputy flieritP
or conftable under oath, in court, Ihall be llifiicient evidence
to convict any perlbn of a breach of this AiSl, unlefs fuch tefti-
mony be invalidated by other fuflK-ient witneffes.

Sect". 14. And be it cnacled. That all fines and forfeitures

Fines and for- incurred by breach of this Acl, not otherwile appropriated, Ihall

feitures, how enurc, the one moiety thereof to the poor of the town Avhere

difpofed of. ^j^^ offence Ihall be committed, and the other moiety to him

or^them who lliall make information of the fame.

Sect. 15. Provided nhcays^ That the faid filh may be tak-

Protifo* en in the mouth of Concord River, with nets and feines below

Tylers and Span/ding's mill-dam, two days in a week, the days

to be Tiiefday and Wednefdayi from funrife on Tucfday to funrifo

on Thurjday.

Sect. 16. And be it enacledy That the fifii officers whicli

Powers of offi- may be chofen by virtue of the A£rs which this Aft repeals, by

<-ers choiea by ^y^^ town prior to their knowledge of this Aft, ihall have and

this ad. exercilc the fame powers as are delegated to fiih-v^^ardens by

tliis Aft.

[This Aft paffed March 4, 1 790.3

An ACT for repealing the laft Paragraph of an Ad
pafled in the Year of our Lord One rhoufand itvzn
hundred and eighty-four, entitled> " An Acl for
creeling a Ditlrid in the County of Suffolk^ by the
Name of Dover^' and for annexing the faid Diftricl
of Bo-ver with the Town of Medfcld^ ior the Pur-
pofe of choofing Reprefentatives for the future.

jyE it enncied by the Senate and Houfe of Reprefenta-

Sect. I. Jj fl^^s, in General Cou>t rjptnhled, and by the ati^

Claufc repeal- ihority of the fnme, That the before-mentioned paragraph, fo

*-"<i- fiu- as "it rcipefts the faid diftrift of Dover joining with the

tOWtt

BENJx\MIN CHASE SET OFF. March 4, An. 1790. 277

town of Dcdham in the choice and pay of Repi'efentatives, be,
and hereby is repealed : And that the inhabitants of faid Dover annexed
Dover be, and hereby are annexed to the faid town of Med- '° Medikld,
Jleldi for the purpol'e of chooling Reprefentatives hereafter j p°oies' ^'"^''^*
fo that the Repreientatlves may be chofen by the inhabitants
of faid town of Medjidd aiid diftri^St of Do'uer, in either of the
fame.

Sect. 2. Jnd be it further enacled^ That the feleftnien of
the faid town of Medfield, fifteen days at leaft before the time
for chooiing a Reprefentative for faid town of Mcdficld^ fliall
give notice of the time and place by them appointed for the
purpofe, in v/riting, under their hands; to tlie felectmen of
the faid diftrift of Dover, to the intent, the leleftmen of faid
diih-ict may iflue tlieir warrant to the conftable or conftables
of their laid diftricl to warn the inhabitants thereof to meet
with the fvid town of Medfield^ at the time and place fo ap-
pointed, for the choice of a Reprefentative.

Sect. 3. And he it further eimBed, That the faid diftricl of Time of its tak-
Dover ftaall be fubje6led to pay their rateable pai't of the ex- i»g pl^tc.
penfe of fuch reprefentation from and after the firft of April
next.

[This Acl palTed March 4, 1 790.]

An ACT for letting oft" Benja?uln Chtife, his Family
and Eftate, from the Town of Freeport, and annex-
ing them to the Town of Brunfivick,

o T)E it enacted bv the Senate and Hcufc of Rep re- '^en]. Chafe &

DECT. I. n j,,,f^^ti^,,^ in ^ General Court affevihledy and ^7 [^^'^'j 'owiTof
the atithority of the fame, Th^it the faid Benjamin Chafe, together BnmfwiLk.
with his family and eftate, be, and the fame are hereby fet off
from the faid town of Frceport, and annexed to the town of
Brunfwick, there to enjoy town privileges, and to pay town
charges that may arife therein.

Sect. 2. B rounded neverthehfs. That the {-xxdi Benjamin be Provlfo.
held to pay unto the laid town of Freeport his juft proportion
of all taxes and debts now due from f\id town of Freeport, ex-
cepting the faid Benjami/i's proportion of the fettlement and
ordination of the Reverend Mr. johnj'on, lately ordained
therein.

Sect. 3. And be it further enacled by the authority aforcfaid, Suhjcfl to tax-
That the faid Benjamin fhall continue to pay his proportion f "*"" ^* hereto-
of the State and County taxes to the laid town of hreepori as aiiy,
heretofore, until a new valuation fliall be taken of the rateable
property in this Commonwealth, and no longer.
[This Act paflcd March 4, 1790.]

278 NATURALIZATION, &c. March 6, An. 1790.

An ACT for naturalizing John Jarvis, and others
therein named.

Naturalization "^"T THERE AS Ja/^ Jarws, Lewis Lepri/ete, John Foiuler,
an</o!heri'"" '^V ^j''"''"'^'^ McDonald, William Welch, Peter le Mercier,
and his children, Polly Eugenia, Sophia Cecile, and Peter Oliver,
Thomas Lancy William CUland, Job}} Penncll, John Bond, John
Mofitgomery, James Green, Nathan Kelley, Stephen j/ones,
Thomas Ramfden and JohnSochmun, have petitioned the General
Court that they may be naturahzed, and be entitled to all
the rights and privileges of free citizens of this Commonwealth :
Sect. i. Be it enaEled by the Senate and Hoiife of Reprefenta-
'*° *^'^^ *^^ tives, in General Court ajfcmbled, and by the authority^ of the fame,
wjce. ^ ^^ That John Jarvis, Lewis Leprilete, John Fowler, Peter le Mer-
cier, and his children, Polly Eugetiia, Sophia Cecile, and Peter
Oliver, Alexander McDonald, M'^illiam Welch, Thomas Lane^
William Cleland, John Pennell, John Bond, John Monlgomeryy
James Green, Nathan Kelly, Stephen Jones, Thomas Ramfden and
John Sockman, firffc taking and fubfcribing the oath of allegi-
ance to this ComiBonwealth before two Juftices of the Peace,
quorum unus, (hall be deemed, adjudged and taken to be free
citizens of this Commonwealth, and entitled to all the liber-
tics, privileges and immunities of natural born fubje6ts.

Sect. 2. And be it further enacted. That the Juftices be-

Juftices to re- fore whom the perfons afore-named may refpedlively take

turn a certifi- jhe oath aforefaid, Ihall return a certificate of the fame into

the Secretary's office, to be entered on the records of this

CommonwQalth. *

[This Aft pafled March 6, 1790.]

Repealed as to An ACT limiting the operation of Lotteries.

June m!''i"9o. ■\"j|7HEREAS feveral lotteries have by Afts of the Legifla-
' W ^^^^ been granted ; and whereas it has become expedient

Preamble. tj^ai- j-]^e operation of the faid lotteries fhould be fpeedily clofed :
Sect. i. Be it enacted by the Senate and Houfe of Rep"
refeniatives, in General Court affcmbled, and by the author-
ity of the fame. That an Adl granting a lottery for rebuilding
and making good the public bridges and caufeways in the town
Linutation of of Lancafler, be, and hereby is limited to the drawing of the
Lancafter lot next intended, vi-z. the fourteenth clafs in the faid lottery,
tcry. which fliall not exceed the amount of the prefent clafs ; and

the rights and privileges granted in the faid A6t fhall, after
drawing the faid clafs, ceafe and determine.

Sect. 2. Be it emiElod by the authority aforefaid, That all

—Of other lot- A6ls heretofore pafled and now in force, granting to any perfon

teries, or perfons the right of raifmg money by lottery or lotteries,

■which Afts are not limited in their operation to any particular

period

CARVER INCORPORATED. June 9, An. 1790. 279

period of time, are hereby repealed, excepting only the A£t
above-mentioned, and the A<5ls granting lotteries to the town
of Charlejlo-wnj and to the Free-School of Williamjloiou^ which
fliall ceafe and be repealed on the firft day of July next, and
the A61: granting a lottery for the benefit of Leicejlsr Academy,
which flxall ceafe and be repealed on the firft day of January
next.

Sect. 3. Prwided neverthelefs^ and be it further enaSled by provifa.
the authority aforefuid, That the Afls aforefaid ihall be fo far
continued and confidered to be in force, as to hold the Mana- '^^^'pe^'ng for-
gers thereof, and all other perfons concerned therein, to account
for the money and other property they have received, or may
receive previoufly to the time limited for the operation of the
faid lotteries refpe^lively, from the proceeds of fuch lottery or
lotteries, and be anfvverable for their condudl in managing the
lame, in as ample a manner as though this A6t had never been
palTed.

[This Acl pafled March 6, 1790.]

An ACT for incorporating the foutherly Part of the AdditionilaA
Town of Fljmpton^ in the County of Flymouth^^i'o.^,l^^l*
into a Town by the Name of Carver,

« TiE it enaEled by the Senate and Houfe of Reprefenta-

•^ tives, in Getieral Court ajfemhled^ and by the authority
of the fame ^ That the lands hereafter defcribed, viz. Beginning Boundaries,
at the weft line of the town of Kingston ; thence running weft
fo as to ftrike the head of Anefnapet Brook, fo called j thence
continuing the fame courfe, on a ftraight line to the north fide
of the land of James Vaughan j thence the fame courfe to the
line of the town of Middleborough^ (it being the dividing line
between the north and fouth precinfts, in the faid town of
Plympton ;J thence on the line of the faid town of Middle-
boroughy till it comes to the line of the town of Wareham ;
thence on the line of the faid town of Wareham, till it comes
to the line of the town of Plymouth ; thence on the line of
the faid town of Plymouth, till it comes to the line of the
town of Kingston aforefaid j thence on faid Kingston line, to
the firft mentioned bound, with all the inhabitants dwelling
on the lands above defcribed, be, and they are hereby incor-
porated into a town by the name of Carver ,- and the faid Carver incor*
town is hereby invefted with all the powers, privileges and porated.
immunities, to which towns within this Commonwealth are
or may be entitled, agreeable to the Conftitution and laws
of this Commonwealth.

Sect. 2. Be it further enaBed by the authority aforefaid, —To pay all
That the inhabitants of the faid town of Carver fliall pay all arrears of taxci.
the arrears of taxes which have been affefled upon them, and

their

28o MARSHFIELD. June 9, An. 1790.

tlieir proportionable part of the tax granted in March laft,
together with their proportion of all debts that are now due
from the faid town of PlympioUy and fliall fupport any poor
perfon or perfons, wlio have heretofore been inhabitants of
that part of Pkmpton which is now Carver, and fliall not have
obtained a legal fettlement elfewhere ; (wjien they may become
—To fupport chargeable,) and fuch poor perfon or perfons may be returned
^ ' to the town of Carvery in the fame way and manner that

paupers may by law be returned to the town or diflrift to
which they belong.

Sect. 3. Be it further enaEletJ, That the inhabitants of th.e

— To receive fl\id town of Carver fliall be entitled to receive their proportion

their Fop°''- of all debts and monies due to the faid town of Plpiiptoiiy and

^^^ ' ' alfo their proportionable part of all the laboratory ftores, and

common and undivided lands belonging to the laid town of

Phuiptoiiy agreeably to the laft State tax alTelTed upon the

faid town.

Sect. 4. And be it further ennBed hy the authority aforefaidy
Perfon empovv- 'pi^j^t EphraiiH Spooner, Efq. be, and he is hereby empowered
warrant "^ "" ^^ '^^^^^ '^'^ warrant, directed to Ibme principal inhabitant, re-
quiring him to warn and give notice to the inhabitants of the
faid town of Carver to aifemble and meet at fome fuitable
, place in the faid town, as foon as conveniently may be, to

choofe all fuch officers as towns are required to choofe at their
annual town meetings in the months of March or April
annually.

[This A6t palled June 9, 1790.]

An ACT to incorporate a Society by the Name of

the Epifcopal Protcjiant Society in MarJJjJield.

"qE it enacted by the Senate and Houfe of Reprefent-

-*-' atives, in General Court ajfenibled, and by the

-authority of the fame , That Syhanus IVhite, John White , and

Ephraim Little, Chtirch Wardens, and Noah Hatch, Thomas

Little, and James Little, Veftrymen, with the other Proprietors

of Trinity Church, in the town of MarfJjfield, and their fuccef-

fors, be, and they hereby are incorporated into a Society or

Ipifcopal Pro- Body-Polinc, by the name of the Epifcopal Protcfant Society in

teftant Society Marf field ; and the faid Society are hereby invefted with full

l"r'iFfi''u^'^"' power and authority to afilTs and collect: of the members be-

longmg to laid Society, tor the pnrpoic or maintaining the public

worihlp of God therein, fuch monies as fhall be necelfary for

that purpofe ; and tliey are hereby vefted with all fuch powers,

privileges and immunities, as the Congregational ibcieties do or

may enjoy by the laws of this Commonwealth.

Sect. 2. And be it further enacted by the authority aforefaidf
Perfon cmpow-'pi^.^t Samuel Oahnan, Elq. be, and he hereby is empowered to

rred to iffue ifluC

kis warrant.

Sect. i.

FRYEBURG, kc. June 9—14, An. 1790. 281

ilTue his warrant, direfted to fome principal proprietor, requir-
ing him to warn the proprietors of faid Church, to* aiTemble
and meet at fome fuitable time and place in the faid town of
MarJJjfieldy to choofe all fuch officers as other incorporated
religious focieties are required to choofe, at their annual meet-
ing in the month of March or April.

[This Aftpafied June 9, 1790.]

An ACT to empower the Town of Fryebiirg to ex-
change Part of the Parior.age Land for other Land
in faid Town.

jnE it enaBcd by the Senate and Uoufe of ReprefentativeSf
-*-' in General Court ajfemhled^ and by the authority of the fame y
That the Selectmen of the town oi Fryebiirg, with the confent Selcdmcn of
of the Rev. William Fefendo7i, the prefent MInifler of the faid '^^ '"^'■'" o^
town, be, and they hereb}''rare empowered to make and execute povvVred^' ^for
a good and lawful deed of the f.rft divifion, upland lot, belong- certain purpo-
ing to the parfonage right in faid town. — Provided they fliall fes.
receive for the aforefaid parfonage lot, from the prefent owner
of the firil divilion, upland lot, originally laid out to the right
of John RujTill, in faid Fryebtirg, a good and fufficient deed of
laid lot, to the ufe of the faid town, as a parfonage forever.
[This AOi paiTed y^z/t? 14, 1790.]

An ACT in addition to an A6t, entitled, "An Ad to

fet off to the Patentees and other Purchafers, cer- J^^-.^^-^^s?.
tain Lands on the Ifiand of Cbapequiddich^ in the june 16, 1796!
County of Dukes County, and finally to adjuO: and
deterniine all difputes between the faid Patentees
and other Purchafers, and the Indians on the faid
liland, and to prevent Cattle, Horfes, Sheep, Goats
and Swine, from going at large on the faid Illand,
at certain Seafons of the Year."

'HERE AS it is provided in and by faid A£i:, that the preamble,
faid patentees and other purchafers fhall be at the
whole and iole charge and expenfe of making, maintaining and
repairing the divilion fence or fences, between the lands of the
faid Indians, and the land of the fiid patentees and other pur-
chafers ; and no time beincj fet in faid A£l: when the faid fence
or fences fhall be creeled :

Sect. i. Be it therefore enaSied by the Senate and FIotfe\;Q^[^^i.^-^z^ {„
of Reprefeniatives in General Court ajjl'inbled^ and by the caie of nejried:
authority of the fume^ That from and after the palling this"fp^f<="'""J"^
A6t, if the patentees and other purchafers aforefaid fhall neg- Certain time '

Vol. I. 2....M led

28a CHAPEQUIDDICK. June 19, An. 1790.

left or refufe to eredl and keep In repair, a lawful fence on the
dividing line between the faid patentees and other purchafers,
and the faid Indians, beginning at the harbour, at low water
mark, and from thence running by the eall fide of the land for-
merly owned by Thomas Arey^ and fo to continue on the diviiional
line, on the well lide of the road, until it comes to the eaft fide of
the land, fet oft' for the ufe of the Indians aforefaid, and from
thence on the faid dividing line, into the pond called Cape Page
Poiid, where there fliall be two feet of water at low water, for the
term of four months after being duly notified by the guardians
of the faid Indians, for the time being, the perfon or perfons {o
neglefting or refufing, fhall forfeit and pay the fum of three
poundsy for each and every month he or they fhall negleft or
refufe to erecl and keep in repair a fence as aforefaid ; all the
forfeitures accruing by this Adi fhall be recoverable by any
two of the guardians for the time being, in any Court proper
Appropriation, to try the fame; and the money arifing from any forfeitures in
this Adc fliali be for the uie of the poor Indians on faid illand..
What notiuca- Sect. 2. And be it further enaBed^ That a notification in
lion fliall be writing, under the hands of any two of the faid guardians, no-
deemed lawful, tifying them, the faid patentees and other purchafers, to eredt
a fence as abovementioned, and left with the clerk of the faid
patentees and other purchafers, fhall be deemed and taken to
be a lawful notification for the purpofes aforefaid.
Preamlilfi. And v/hereas in the Aft to which this is an addition, cattle,

horfes, flieep, goats and fwine, are to run at large on faid ifland,
from the twenty-fifth day of October, to the twenty-fifth day of
April, yearly, and no provifion is made in laid Aft, to which
this is an addition, to regulate and proportion the ftock, and
pafbjrage on faid ifland, owned between the patentees and oth-
er purchafers, and the Indians aforefaid, to the great damage of
the Indians and their property :
Guardians au- Sect. 3. Therefore be it further enacied by the authority aforefaidf
thorizcd in That if faid patentees and other purchafers fhall negleft to
cafe of negled ereft and keep in repair, a fence as aforef^iid, being notified as
of the aforefaid aforefaid, or fhall refufe or negleft to agree with the faid guar-

propnetors. ,. r ^ • ■, • r,i • r ^° r-l

dians tor the tune beuig, for the better nnprovement or the faid
Indians' lands and meadows, fo long as they fliall remain in com-
mon and unfenced, it fliall and may be lawful for any one of faid
guardians, or any other perfon whom the faid guardians fliall ap-
point for that purpofe, to take up, at any time in the year, any
cattle, horfes, flieep, goats and Iwine, going at large on any of
the faid Indians' lands or meadows,fet ofFfor their ufe,and them
impound in a pound to be provided for that purpofe, and there to
detain tliem until the owners thereof pay to the faid guardians
the fame fum or fums of money for each and every head of cat-
tle, horfes, flieep, goats and fwine, as is provided in the Aft to
which this is an addition; and upon non-payment thereof, the faid

guardians.

ACQUESNET RIVER. June 19, An. 1790. 283

guardians, or fome other perfon or perfons, whom they {hall ap-
point, flaall proceed to fell the fame at public autSlIon, fii-ft caufing
notifications to be pofted in fome public place on faid iiland,
expreffing the time, place and caufe of faid fale, at leaft four days
previoufly thereto ; and after deducing the neceflary charges of
impounding, fupporting and felling the fame, the overplus of
the fame, if any there be, fhall be returned to the owners of the
creatures thus impounded, if known, or if not known, fhall be
lodged with the clerk of the faid patentees and other purcha-
fers, for the ufe of fuch owners ; and if any action fhall be
brought againft 'faid guardians or any of them, or any other
perfon or perfons by them appointed for impounding or felling
the cattle, horfes, fheep, goats or fwine,by virtue of this Adl, he
or they againfl whom fuch action is brought, may plead the
general iilue, and give this Adl in evidence for their juflifica-
tion,. <

Sect. 4. And he it further etmBed by the authority aforefaid^
That the patentees and other purchafers aforefaid fhall eredl Patentees, &e,
and maintain faid fence or fences, and regulate the flock and [^emfel ^°^^™
paflurage, agreeably to a law of this Commonwealth, made and greeably to a
pafTed the twenty-firfl of February^ in the year of our Lord late law.
one thoufand feven hundred and eighty-fix, entitled, " An Act
concerning general and common fields."

And whereas in the faid Adl to which this is an addition, it Preamble,
is provided, that a road of two rods wide, from the bounds
by the har-bour, and by the eaft fide of the land former-
ly owned by Thomas Arey^ to the eaft fide of the Indians' land,
and from the bounds by the harbour, M'^efterly to the point of
land near the town, fhall be an open way, and fuch provifion
is found by experience to be prejudicial as well to the Englifh
patentees, as to the Indians j for remedy whereof.

Sect. 5. Be it further enabled, That faid road of two rods Width of th«
wide, fhall hereafter be through gates and bars ; any thing in ^°^^> "^^
the Adi to whidi this is an addition, to the contrary notwith-
llianding.

[This A£l pafTed June 19, 1790.] t

An ACT for the Prefervation and Increafe of the
Fifli called Alewives, in Acquefnet Ri-ver, in the
Town of New-Bedford^ in the County of Brijtol^
and for regulating the taking the faid Fifh, in the
faid River.

q TiB it enaBed bv the Senate and Houfe of Reprefen-

tativeSf in General Court ajjl'fnbled, and by the aU"
thority of the fame, That the owner or owners of each and every Owners of the
mill-dam on the laid river, fliall make, provide and continue j,'\^^'^°P^°^'^'^*
a fluice-way of two feet wide, and eight inches deep for the *

faid fifh to pafs their rcfpeilive dams, as low as the Seledbnen

284 ACQUESNET RIVER. June 19, An. 1790.

of the faid town of New-Bedford fhall judge convenient for the

Time when to ^^^^ ^^^ *° P*^^^ ^"^ » ^^^^ ^^^ Selcilmcn of the faid town of
be opened. iSi'%v- Bedford are hereby authorized, on the fecond Monday of
April) annually, to open the faid fluice-ways, which when open-
ed by them, fliall remain open until the twentieth day of May
annually j and the owner or owners of any dam on the faid
river, who fhall negledl or refufe to make, provide and continue
a fluice-way, as aforefaid, or who, after fuch iluice-vfay is open-
' ed as aforefaid, fhall fliut or obllru6t the fame, during the term

Forfeiture. the faid fl.uice-way is to be kept open as aforefaid, fhall forfeit
and pay the fum oi forty pounds for each offence.

Sect. 2. And he it further enaEtedy That the faid town of

Neiu-Bedfordy at their annual meeting for the choice of town

oiFicers, in the months of March or April annually, are hereby

Infpeflors authorized to choofe a Committee, confifting of not more than

chofen. twelve nor lefs than three fuitable dircrcet perfons, for infpe6lors

of the faid river ; whole duty it fliall be v.'ithin four days after

xhcir duty, tj^gir appointments to poffc up in four public places in the faid

town, nearefl the faid river, a notification under their hands

or tlie major part of them, pointing out the times when, and

places where the faid fifh may be taken, in the faid river j

ajid if any perfon fliall pull down or deface fuch notification.

Forfeiture. \-^q or fhe fhall for each offence, forfeit and pay tenfhillings ;

and if fuch Committee fliall negledl or refufe to pofl up fuch

notification within the faid term of four days, fuch Committee

fhall forfeit and pay teiifnlHiigs ; and any perfon who fhall pre-

fume to take any of the faid fifii in the laid river, except at the

times and places appointed by the faid Committee as aforefaid,

fhall forfeit and pay three pounds for each offence.

Sect. 3. And be it further enaBed, That if any perfon or
perfons fhall make any wears or any other obftrudlion to hinder
the pailage of the faid fifh up the faid river, each perfon fo of-
Forfeitures. fending fhall forfeit and pay the fum of four pounds ; and any
perfon who fhall take or catch any of the faid fifh in the fiid
river with any other inftrument than a dip-net, fhall forfeit
and p^j fortyjhillings for each offence.
— How recov- Sect. 4. And be it further cnaBed^ That all the forfeitures
wed. mentioned in this Act fhall accrue to the laid town of New-

Bedford, to be recovered by the Treafurer of the faid town, in
an aftion of debt, in any Court proper to try the fame ; and
no perfon fhall be confldered as difqualified from giving evi-
dence in any fuch ai^t'icn, on account of his living in, or being
an inhabitant of the faid town of New- Bedford.
Validity of a- Sect. 5. And be it further enabled, That any agreement
greemcnts. which may be made and entered into, between the faid town,
of New-Bedford) and the owner or owners of any dam on the
faid river, with regard to the premifes, fhall be good and \aiid
in law.

[This Aci- palled June 19, 1790.]

SOCIETY INCO'^'PORATED. June 2^, An. ly go, 285

An ACT to fet off Jolm Tippet from the Second to
the Firft Parifh in Methiien.

)E it enacied by the Senate and Houfe of ReprefentativeSi
in General Court ajfcmhledy and by the authority of the
fame^ That John Tippet^ of Methuen^ in the county of EJfcx^ be, John Tippet
and he hereby is fet off, from the fecond parifh in faid Methnen^ iet off.
together with all his eftate both real and perfonal, and annexed
to the firft parifla in Methuen^ there to do duty and receive priv-
ileges in the aforefaid firft parifli in Methuen.

[This Adi paffed Jtme 21, 1790.]

An ACT for incorporating a Number of the Inhab-
itants of the Towns of New-Gloucejier and Gray, in
the County oLCt(??iberland, into a dillincl and fep-
arate religious Society.

„ 7?-S it enaEfed by the Senate and Houfe of Reprefcnta-

■^ tiveSy in General Court ajfe?nbledy attd by the authority
of the fame^ That John Woodman^ Ifaiah Woodman) £benezer Perfons incor-
Zakey John Warren^ Thomas Wharff, Elias Merrill^ Jfl^fz P''"'^'^-
True., Simon Noyesy William True^ Thomas Penny^ Robert
Herriny John Stenchfeldy Ephraim Stenchfieldy EUphalet Haf-
kclly John TuftSy Nathaniel Bennetty Jofeph Raynesy Stephen
Wafhburny Jofiah Smith, William IriJJjy Job Ha/kelly Jona-
than Bennetty Jcfeph WoodinaUy Nathan M err illy Afa Libby,
John Stenchfieldy David Woodman, David Machintier, Adam
Cottony Solomon Atwood fjun. Ebenezer Whitmar/hy Thomas Franhy
James Humphreyy William Delley, Jeremiah Hayden, John Na/hy
Jofeph Weeksy Elijah Najhy Nathan Morfey Hofea Morfe, George
Smally Levi Morfey David Jordany John Morfey Samuel Stoivelly
Reuben Stoivelly Richard Sweetfer, Jabez Mathewsy Timothy
Waymouthy James RuJJelly Nathaniel Rujfell, John Dellyy James
Smally David Hunty Timothy Foog, Timothy Foog, jun. James
Franhy Stephen A/lens, Benjamin Libby, Amarinh Delano, Francis
Jackfony Afidreiu Libbyy William Davis, A?idreiv Libby, jun.
Mofes Libby, Afa Libby, jun. Oliver Humphries, David NafJj,
John Humphrey, Arthur Libby, Joel Libby, Ifaac Lion, and JoJ'eph
Merrill, members of the faid religious fociety, together with
their polls and eftates, be, and they are hereby incorporated,
by the name of The Baptift Religious Society of New-Gloucefer,
and Gray, with all the privileges, powers and immunities
which any parilh in this Commonwealth is by law entitled to.

Sect. 2. And be it further enaBed by the authority af or faid, ^erfons confid-
That any and every perfon ih either of the towns of New-^'^^'^ members.
Gloucefler or Gray, who may at any time hereafter a£h.ially be-
come a member of, and unite in religious worflaip with any
fociety in either of faid towns, and give in his or her name to
the Seleclmen of the town where he or Ihe lives, with a

certificate

286 CHARLESTOWN, &c. June 24, An. 1790.

certificate figned by the Minifter of the fociety to which he
or fhe hath io united, fourteen days previous to the town-
meeting therein, to be held in the month of March or :Aprily
annually, fhall, from and after fuch meeting, with his or her
polls and eftates, be confidercd as a member of fuch fociety.
Sect. 3. And be it further enacted by the authority aforefaid,
Jufticc author- That William JVedgery, Efq. be, and he hereby is authorized to
ized to iffuejffug }^is warrant, direcSled to fome principal member of the
faid fociety, requiring him to warn themembers of the faid fo-
ciety, qualified to vote in pariih affairs, to affemble at fome
fuitable time and place in either of the faid towns of New"
Gloucejler or Gray^ to choofe fuch parifh officers as are by law
required to be chofen in the month of March or Jpril annu-
ally, and to tranfadt all matters and things necelTary to be done
in faid fociety.

[This Adi palTed June 23, 1791-]

An ACT for the Relief of the Town of Charlejiown,

tttastiWc. "WT^^^-^^^^ *^^ General Court of this Commonwealth
W did grant a fum of money to be raifed by lottery, to
the town of Charlejioivn^ to enable the faid town to pay the
expenfe of amending and altering the ftreets, lanes and fquares,
in faid town ; and the inhabitants of the faid town have rep-
refented to this Court, th^t they are Hill largely in debt, in
confequence of the alteration of faid ftreets :

Be it enacied by the Senate and Houfe of ReprefentattveSf

in General Court ajfembled, and by the authority of the fame,

Claufc in a for- That the claufe in the Acl for limiting the operation of lotte-

?'2j^^ "Ties, paired in the laft felTion of the General Court, fo far as

* it rcfpe£ls the operation of the lottery heretofore granted to

the town of Charlejlowny be, and it hereby is repealed.

[This Ail paired June 24, 1 790.]

An ACT to fet off Peter Larkin^ with his Family and
Eftate, from the Town of Lancajler to the Diilrid

of Berlin.

Sect i /?^ ^^ enaHed by the Senate and Houfe of Reprefenta-

■^ tivesy in General Court ajfembled^ and by the author-

ity of the fame y That Peter LarVin of Lancajler^ in the county

an/^family'^ iet °^ Worceflery with his family and eftate, be, and hereby are

#ff. fet off from the faid town of Lancafler^ and annexed to the

diftriiSt of Berliny in the faid county of Worceflery and fhall

hereafter be confidered as part of the fame, there to do duty

and receive privileges, as the other inhabitants of the faid dif-

tria.

Sect.

SHAD and ALEWIVES, &c. Feb. ii, An. 1791. 287

Sect. 2. Provided neverthelefs, The faid Peter Larkin fhall Prorifo.
be held to pay his proportion of all fuch State and county tax-
es, as fhall be laid by the Legiflature, upon faid town of Lan-'
cajler, before the fettlement of another valuation j the paffing
of this A6t notwithftanding.

[This Adi pafTed February 8, 1791.]

An ACT to repeal in Part an Ad, entitled, " An Acl Marchio.ijS*.
to prevent the Deftriiclion of Filh called Shad and
Alewives, in Ten and Three Miles Rivers, in the
County of Brijiol.

WHEREAS the Aft, entitled, « An Acl to prevent the Preamble.
deftru£lion of filh called fhad and alewives, in Ten
and Three Miles Rivers^ in the County of Brifloly appears not
to be of public utility, fo far as the fame Aft: refpefts the faid
river called Three Miles River,

B€ it enaBed by the Senate and Honfe of Reprefentathes, in ^^^^^ repealed
General Court ajembled, and by the authority of the fame y That in part.
the faid Aft to prevent the deftruftion of the fifh called fhad
and alewives, in Ten and Tlrree Miles Rivers, fhall be, and the
fame is hereby repealed and declared to be null and void, from
the time of paffing this Aft, as to all matters therein required
or authorized, to be done refpefting the river called Three
Miles River, faving only, that all afts and doings heretofore
lawfully performed by virtue of the faid Aft fliall and may
be juftified thereby, this repeal notwithftanding.
[This Aft paffed February 11, 179 1.]

An ACT to incorporate the Plantation of Cambden,
in the County of Flancock, into a Town by the
Name of Cambden.

q T^E it enaBed by the Senate and Houfe of Reprefenta- Cambden ix-

■^tives, in General Court aJTeinbled, and by the author- corporattd.
ity of the fame, That the faid plantation called Cambden, includ-
ed within the following boundaries, 1^/2. — Beginning at a Bowidarie*.
rock marked A. X. on the fea-fliore, at the north fide of
OiJoY s-^Head Bay, at fouth-eaft corner of Thomnfloivn line ;
thence running north-weft-by-north leven miles, flxty-four
poles, to a maple flake marked on four fides, and pile of flones ;
thence running north-eafl-by-eafl, five miles ninety-four
poles, to a beach tree, marked on four fides ; thence running
eafl: three miles and an half, and twenty poles to a fpruce tree
marked on four fides ; thence running fouth-eafl-by-fouth one
mile to a fir tree, marked on four iides, at Litik-Duck-Trap^

288 MASS. HUMANE SOCIETY. Feb. 17, An. 1791.

in Penobfcot-Bay ; thence by the fea-fhore, in a wefterly direc-
tion to the bounds firft mentioned ; together with the inhabit-
ants thereon, be, and they hereby are incorporated into a
town, by the name of Cambden ; and that the faid town be,
and hereby is vefted with all the powers, privileges and im-
munities, which other towns in this Commonwealth do or
may by law enjoy.

Sect. 2. And be it further enacted by the authority aforefaid,
Oliver Parker, That Oliver Parker, Efq. of Penobfcot, be, and he hereby is
me^etins " ^ empowered to ilTue his warrant, direcSted to fome principal
inhabitant of the faid town of Cambden, requiring him to notify
the inhabitants thereof to meet at fuch time and place as
he fhall therein appoint, to choofe all fuch officers as towns
are by law required to choofe, at their annual meetings in the
month of March or April,

[This Ad: palTed February 17, 1791.]

An ACT to incorporate and eftablifli a Society by the
Name of the Humane Society of the Common-r
wealth of MalJlichufetts.
Preamble. 'W"^ -T-HEREAS it is the duty of government at all times
^^ to countenance and fupport its citizens in their exer-
tions for alleviating the diftreffes of their fellow-men : And
whereas divers perfons have petitioned this Court for an Act
of incorporation, whereby they may more effe'flually carry
into execution their benevolent deflgns :

Sect. i. Be it therefore enacted by the Senate and Hotife of
Reprt'fentatives, in General Court ajfembled, and by the authority of
Humane Socle- the fame. That the Hon. Thomas Riffell, Efq. Jonathan Mafon,
tyincorporated.pp^^^ JoZv/ JVarren, M. D. Rev. Simeon Howard, D. D. Rev.
Samuel Parker, D^ D. John Avery, jun. Efq. Rev. John Lath-
rop, D. D. Rev. Peter Thacher, Rev. John Clark, Doclor
Thomas Welfh, .daron Dexter, M. D. and Mr. Nathaniel Balch,
together with all thofe who now are, and fuch others who
fliall become members thereof, be, and they are hereby ere£l-
ed into, and made a body politic corporate forever, by the
name of the Humane Society of the Commonwealth of
Mafachufetts,

Sect. 2. A?td be it further enaEied by the authority aforefaid,
Corporation to Tiiat the fald Corporation are hereby declared and made
hold real eflate. capable in law, of having, holding, purchafing and taking in
fee fimple, or any lefs eftate, by gift, grant, devife or other-
wife, any lands, tenements or other ellate, real and perfonal ;
Srovifo. (provided that the annual income of the faid real and perfonal

eftate {hall not exceed the fum oi four thoufand pounds) — and
alfo to fell, alien, devife or difpoie of the fame eftate, real and
perfonal, not uling the fame in trade or comnaerce.

Sect.

l^RAMINGHAM. i't'Z;n7.7rv 23, An. 1791. 289

Sect. 3. ^nd be it further enacted by the autkority ^r^J^zW, Their power*.
That the faid Corporation fliall have full power and authority
to make, have and ufe a common feal, and the fame to break,
alter and renew at pleafure ; that it fhall be capable in law to
fue and be fued, plead and be impleaded, anfwer and be an-
fwered unto, defend and be defended in all courts of record
or other courts or places whatfoever, in all actions real, per-
fonal and mixed, and to do and execute all and fingular other
matters and things that to them fhall and may appertain to do.
Sect. 4. And be it further enciEled bx the authority aforcfaidy

That the faid Corporation may make, eftablifli and put in ex To eftablifli

ecution, fuch laws and regulations as may be necefiary to the ^^^^^' '^'^•
government of faid Corporation, provided the fame Ihall in no
cafe be repugnant to the laws and Conftitution of this State.
And for the well governing of the faid Corporation, and the
ordering their aiFairs, they Ihall have fuch officers as they fliall

hereafter from time to time eleft and appoint ; and fuch offi- To appoint

cers as fliall be delignated by the laws and regulations of the officers.
faid Corporation for the purpofe, fhall be capable of exerciiing
fuch power for the well governing and ordering the affairs of
the faid Corporation, and caUing and holding fuch occafional
meetings for that purpofe, as Ihall be fixed and determined '

by the faid laws and regulations.

Sect. 5. And be it further enaBed by the authority aforefaid,
That the end and delign of the inftitution of the faid Society — Inilltutioii-
Is, for the recovery of perfons who meet with fuch accidents
as produce in them the appearance of death, and for promot-
ing the caufe of humanity, by purfuing fuch. means from time
to time as ihall have for their objeft the prefervation of hu-
man life, and the alleviation of its miferies.

Sect. 6. And be it further enacted^ That the place where ,

the firft meeting of the. faid Society fhall be held, fhall be the rXii, Efq!
town of BofoH ; and that the Hon. Thomas Rujfll, Efq. be, empowered to
and he hereby is authorized and empowered to fix the time call a meeting.
for holding the faid meeting, and to notify the fame to the
members of the faid Society, by caufing the fame to be pub-
liihed in one of the Bojion newfpapers, fourteen days before
the time fixed on for holding the faid meeting.

[This Act puffed February 23, lypi-]

An ACT to fet ofT the north-weftwardly Corner of
Framinghanu in the County of Middlefcx, and to
annex the fame to the Town of Marlborough in
the fame County.

Sect i 7?'^ ^'^ enacted by the Senate and Houfe of Reprefenta'

tivc's, in General Court afembled, and by the aw=-

thority of the fame ^ That the lands hereinafter defcribed, viz.

All
Vol. I. 2....N

290 ALEWIVE FISHERY. February 23, An. 1791.

Vm of Fram- All the lands belonging to Fram'in(yhavi, Ivinjr weft of a line,

rnffhatii annex- i-- ^^i loi Vv^ .,

cd to Marlbor- l5'?J-\'"ni"g ^t tlie north-wefterly corner of I'ramingbam, on
ough. Sudbury line ; thence running foutherly as the line now runs

between Sudbury and Framiiigham, to the fouthweilerly corner
of Sudbury ,- thence foutherly a ftraight line to the fouth-eaft-
erly corner of Marlborough, with all the inhabitants now liv-
ing on the laid lands, viz. Jonathan Robert/on, and his wife,
and Pai'wnce, his daughter, and Alary Brown, liis grand
daughter, the widow of .^mos Darling and Amos and Daniel
her children, Jonas Darling and his wife, William, Ethnm,
Jujlin, Darius and Lydia, their children, be, and thev are
hereby fet off from the town of Framingham, and annexed to
the town of Marlborough, and fliall forever hereafter be con-
fidered "as making part of the fame.

Sect. 2. Provided neverthelefs. That the faid lands with
Provifa. ti^e inhabitants thereon lliall be ftill holden to pay their pro-

portionable part of all taxes already afTeiTed upon them by the
town of Framingham, in like manner as though this Adt had
never been made ; and fliall alfo pay their proportionable
part of all State taxes, previous to another general valuation
being eilablillied.

[This Aft pafled February 23, 1791O

An ACT for the more efTeclual carrying into Execu-
tipn the Laws regulating the Alewive Fifiiery in
Maliepoifef River, in the 'fown of Rochejier.

(, ^ JjE it tenacled by the Senate and Floufe of Reprefenfa-

•^ fives, in General Court ajfemhlcd, and by the author-
Infpeclors tr> ity of the fume ^ That each and every perfon who, according to
be fworn. j.^^^ ^^^\\ j^^, chofen an infpeftor of Matfepoifet Rivery Ihall,
within fix days after his being notified by a Conllablc of the
town of Rochejl&r of his being fo chofen, take the following
oath before the Clerk of faid town, or fome Juflice of the
Peace for the coinity of Plymouth, viz.
Oath. YOU, A. B. being chofen an iufpector of Alatlepolfet River

for the year enfusnjr, DO SWEAR, tliat you will profecnte
ail breaches of the laws for the regulating the alewive fishery
in faid river, the year enfuing, •whicli fhall come to your
knowledge. So help you God.
Forfeiture in ^^CT. 2. Jnd be it further enaBedy That if any perfoa
cafe of iiegledt. who fliall be chofen an infpeJlor of faid river, as aforefaid,
fliall iiegle^i to take faid o:ith for the fpacc of fix days after
he is notified of his being fo chofen as aforefaid, he fliall for-
feit to the ufe of the f lid town of RocheJlcr, thirty fiillingSy to
be recovered by the 'IVeal'urer of faid town, in an a£tioii of
debt in any court proper to try the fame.

[This Act pafled February 23, 1791-]

HALLOWELL ACADEMY. M^;y/3 5, An. 1791. 291

An ACT to incorporate the Plantation of Kendufiee
into a Town by the Name of Bcngor,

„ J)E it enaBed by the Senate and Hotife of Repre-

* -^ fentatives, in General Court apmbledy and by
the authority of the fame^ That the following defcribed tract of
land, viz. Beginning at a ftake and ftones on the bank of Pc- ^^J^sor ineor-
nobfcot River^ on the wefterly fide thereof, near Simon Cro/hy's, ' "
and at the corner of Toivnjhip Number One, in the firft range ;
thence running north-weft, about two hundred rods, to a fmall Boundaries.
birch tree ; then weft on the north line of Number Oney
flrft range, two miles and an half, to a poplar tree •, then north
by Number Tiuoy the fecond range, fix rniles to a poplar tree ;
thence eaft fix miles, to a large white pine tree fi:anding in a
great bog ; thence fouth thirty-three degrees eaft, three miles
and an half, to a fmall poplar on the bank of Penobfcot River,
then down the faid river, to the firft mentioned bounds, to-
gether with the inhabitants thereon, be, and they are hereby
incorporated into a town by the name of Bangor^ and the faid
town is hereby inverted with all the powers, privileges and
immunities, which other towns in this Commonwealth do or
may enjoy by law.

Sect. 2. And be it further enacted by the authority aforefaidy
That Jonathan Eddy, Efq. be, and he is hereby empowered jonathanEddj^,
and required to ifiue his warrant, directed to fome fuitable Efq- empower-
inhabitant of the faid Ban^ory to meet at fome convenient ^^ ^? ^

time and place to choofe all fuch officers as towns are by law "" -j^^

required to choofe in the month of March or April annually. /

[This Acl pafiTed February 25, 179 1.] •

An ACT to eftablifii an Academy in the Town of AdditionaiAd:,
Hallowelly by the Name of Hallowell Acadc?ny. March 2,1793

WHEREAS the encouragement of literature, among the „ ,,
rifing generation, has ever been confidered by the
wife and good as an object worthy of the moft ferious atten-
tion, as the fafety and happinefs of a free people ultimately
depend upon the advantages arifing from a pious, virtuous and
liberal education : And whereas it appears, from a petition of
a large number of inhabitants in the county of Lincoliiy that
a fum of money has been generoully fubfcribed by a number
of the inhabitants of the town of Halloivell^ and its vicinity,
towards erecting a public building for the "purpofe of an
Academy in faid town ; and that fuch an infi:icution, befides
encouraging the interefl: of literature and the fciences, and
ditFufing ufeful knowledge in that part of the country, mav
otherwiie elTentially promote the intereft of the Comlnon-
wealth :

SjEcr.

Hallowell
cadem y.

Truftecs.

292 HALLOWELL ACADEMY. March 5, An. 1791.

oECT. I. Be it enabled by the Sefir.te and Houfe of Reprefenta^
fives, in General Court ojjembled, and b\ the authority of the fame ^
j^_ That there be, and hereby is eftabhllied in the town of Hal-
hive//, in the county of Lincoln, an Academy by the name of
Hallo'Lvell ^cndeniy^ for the purpofe of promoting true piety and
virtue, and for the education of youth in the EnglifJj, Latins
Greek and French languages, 'together with writing, arithmetic,
and the art of fpeaking ; alfb pradical geometry, logic, phi-
lofophy and geography, and fuch other of the liberal arts and
fciences, or languages, as opportunity may hereafter permit,
and as the Truilees hereinafter provided fhall direcl.

Sect. 2. And be it further enacted by the authority aforefaidy
That the Hon. Thomas Rice, the Hon. Jonathan Boivman, the
lion. Nathaniel Thiving, the Hon. Dummer Sewall, the Hon.
Daniel Coney, the Hon. Waterman Thomas, the Hon. William
Liihgonv, jun. Efqnires, Rev. Jofiah Winflnp, Rev. Alexander
M'-Lean, William Brooks, A. M. Hetiry Dearborn, Charles
Vaughan, Samuel Dutton, Henry Seavall, Edmund Bridge, William,
Hoivard, Robert Page, and Samuel Nichols, Efquires, Nathaniel
Dummer and James Carr, Gentlemen, be, and they hereby are
nominated and appointed Truftees of the faid Academy, and
they are hereby incorporated into a body politic, by the name
of The Trujlees of Halloivell Academy ; and they and their fuc-
ceflbrs fliall be and continue a body politic and corporate by
the fame name forever.

Sect. 3. And be it further enaBed by the authority aforefaid.

Property to be That ail the lands and monies heretofore fubfcribed, or which

veiled in the may hereafter be fubfcribed, which by a legal infti-ument

^"* hereafter made fliall be given, granted and affigned by the

fubfcj-ibers, unto the Truftees of Halloivell Academy, fhall be

confirmed to the faid Truftees, and to their fucceffors in that

truft forever ; for the ufes and purpofes, and upon the truft,

which in the faid inftruments fhall be exprefled : And the

Truftees aforefaid, their fucceffors, and the officers of faid

Academy are hereby required, in condudHng the concerns

thereof, and in all matters relating thereto, to regulate them-.

felves conformably to the true defign and intention of this

inftitution.

vSect. 4. And be it further enaEled by the authority aforefaid.
That the faid Truftees and their fucceffors fliall have one
common feal, which they may make ufe of in any caufe or
bufinefs that relates to the faid office of Truftees of the faid
Academy ; and they fhall have power and authority to break,
change and renew the faid feal from time to time, as they
fhall fee fit ; and they may fue and be fued, in all actions
real, perfonal and mixed, and profecute and defend the fame
unto fin:;l judgment and execution, by the name of The Trujlees
of Hallowell Academy.

Sect*

Seal

HALLOWELL ACADEMY. March 5, An. 1791. 293

Sect. 5. And be it further enaEled by the authority aforefaidy
That tKe faid Thomas Rice, Efq. and others, the Truftces afore- Their power*,
faid, and their furvivors and fuccefTors fliall from time to time,
have full power and authority to eleiSt a Pi-efident, Vice-
Prelident and Treafurer, a Preceptor, and all fuch other of-
ficers of the faid Academy as they fliall judge necefiary and
convenient, and to make and ordain fuch laws, orders and
rules for the good government of the faid Academy, as to
them, the laid Truitees and their fuccelTors, fhall from time
to time, according to the various occalions and circumftances,
feem moft fit and requifite ; all which fhall be obferved by
the officers, fcholars and fervants of the faid Academy, upon
the penalties therein contained.

Sect. 6. Provided neverthelefs^ That the faid rules, laws provifo.
and orders be no ways contrary to the laws of this Common-
wealth : And provided alfo. That the faid rules or orders fliall
not grant or eftablifli to the faid Truftees, their heirs or fuc-
celTors, any peculiar or exclufive advantages to be enjoyed by
them or their affigns, from the funds of the faid Academy.

Sect. 7. And be it further enacted by the authority aforefaid^
That the number of the Truftees afore faid, and their fuc- Their number.
ceiTors, fhall not at any one time be more than twenty-one,
nor lefs than twelve, a major part of whom Ihall conftitute a
quorum for tranfadling bufinefs j and a major part of the
members prefent at any legal meeting, Ihall decide all quef-
tions that fhall come before them, except in the inftance herein
after mentioned ; and that a major part Ihall conlift of men
who are not inhabitants of the town where the feminary is or
may be fituate.

And to perpetuate the fucceffion of the faid Truftees,
Sect. 8. Be it further enacted by the authority aforefaid.
That as often as one or more of the Truftees of the faid Vacancies fup^
Hallo'well Academy fhall die or refign, or in the judgment of P^'^'^*
the major part of the other Truftees be rendered, by age or
othervvife, incapable of or unfit for difcharging the duties of
his office, then and fo often the Truftees then furviving or
remaining, ihall eledt one or more perfon or perfons to fupply
the vacancy or vacancies.

Sect. 9. Be it further enacted by the authority aforefaid, That Qualified to
the Truftees aforefaid, and their lucceftors, be, and they here- receive benefits,
by are rendered capable in law to take and receive by gift,
grant, devife, bequeft or othervvife, any lands, tenements or
other eftate, real and perfonal : Provided^ That the annual in- Provifo.
come of the faid real estate Ihall not exceed the fum of five
hundred pounds ; and the annual income of the perfonal eftate
Ihall not exceed the fum of iiuo ihoufand pounds, both fums to
be valued in filver at the rate oi fx fhiUings and eight pence
the ounce ; to have and to hold the fame to them the faid
Truftees and their fucceflbrs forever.

Sect.

294 HOPLAND SCHOOL. March 7, An. 179^.

Pfovifft. Sect. 10. Provided ahuays, That neither the faid Truftees

nor their iucccfTors fhall ever receive any grant or donation,
the condition whereof (liall require them or any others con-
cerned, to act in any refpedl counter to the delign of this
inflitution. And all deeds and inftruments which the faid
Truftees may lawfully make, ihall, when made in the name of
the find Truftees, aiid figned and delivered by the Treafurer,
and fealed with the common feal, bind the faid Truftees and
their fucceflbrs, and be valid in law.

Sect- i i. And be it further enacted h the authority nforefaidy
Empowered to That if it lliall hereafter be judged, upon mature and impartial
remove the confideration of all circumftances, by two-thirds of all the
fennnary m 'Yvuiiees, that for good and fubftantial reafons, which at this
*^ '^' time do not exift, the true defign of this inftitution will be

better promoted by removing the feminary from the place
Y/here it is founded j in that cafe, it fhall be in the power of
the faid Truftees to remove it accordingly, and to eftablifli it
at fuch place vfithin the faid county of Lincoln^ as they fhall
judge to be beft calculated for carrying into effectual execu-
tion the intention and true defign oi this inftitution.
Daniel Cony, Sect. 12. And be it fuither enaBedy That Daiiiel Cony^
Efq. empower- Efq, be, and he hereby is authorized and empowered to fix
^'•- the time and place for holding the firft meeting of the faid

Truftees, and to certify them thereof.

[This Aa paiTed March 5, 1791.]

, ,. . An ACT for incorporating a certain Part of the

A(5is, March Town of Lcc into a School DidricT: by the Name
11,1797. June of t h e Hopland School DiJlriB.

WHEREAS it appears to this Court, that certain lands
lying in that part of the town of Lee^ which formerly
belonged to the town of Great-Barririgton-, in the county of
Berkfbirey were appropiated for the ufe and fupport of fchools,
which lands by the Aft of incorporation of the faid town of
L.ee are referved to the faid town of hee :

And whereas it alfo appears that the faid town of Lee have,
fince their being incorporated as aforefaid, relinquiflied their
right in faid lands (fo far as refpefts the fupport of fchools in
the faid town of Lee) to thofe perfons who do now, and who
may hereafter refide on the fame lands :

And whereas, in order to carry the good defign of the ap-
propriation aforefaid into eflccl, it is found neceflary, that the
perfons refiding on the faid lands fhoidd be incorporated into
a fchool diftrict as aforefaid :

Sect, i . .Be it therefore enacted by the Senate and Houje of Rep-
rejentaiivesy in General Court ojfembledy and hy the atdhorily f the
favicy That all the inhabitants now living on the aforefaid

land?;,

DOVER. M^zr^A 7, An. 1791. 295

iandsj or that may hereafter live on the fame, with all their HoplandSchooi
eftates, be, and they hereby are incorporated into a School *^'*^"*^ mr-ov.
Diftri<fb, by the name of, T/je Hcpland Schcol DiJinU^ in the
town of Lc€i as aforefaid.

Sect. 2. And be it further enaEied hy the anthonty aforefaidy
That the inhabitants of the faid IlGplami School DlJhiEl be,
and they hereby are veRed with all the privileges, powers and powers*

immunities neceflary for enabling them to ufe and improve all
the monies, that have or may arife in confeqtience of the
aforefaid appropriations, for the fupport of a fchool or fchools
in the faid Hopland School Dijlricl ; but the faid inhabitants
are ftill to be confidored as belonging to the faid town oi Lee,
in every refpedi, faving their being fubjefft to be taxed to the
fupport of fchools in the other parts of faid town.

Sect. 3. And he it further £naBed by the authority aforefaidf
That Ebemzer "JenhhiSy Efq. be, and he hereby is empowered to pv t„ >.;,
ifTue his warrant, diresfled to feme one principal inhabitant of Efq. empower-
the diftridl aforefaid, requiring him to warn a meeting of the ^
inhabitants of the dilb'ift aforefaid, qualilied by law to vote
in diftri£l: affairs, to alFemble at fome time and place within
the faid liopland School Difli'tcl^ .to be mentioned in the fame
warrant, for the purpofer of choofing fuch officers as may be
necelTary for tranfacting the affiiirs of the diftridt aforefaid, fo
far as refpedls fchools only, according to the power and author-
ity given by this Acl: ^ and the faid inhabitants qualified as inhabitant*
aforefaid, being fo aflembled, iliall be, and they hereby are empowered.
empowered to clioofe fuch officers as may be necefiary for the
purpofe aforefaid.

Sect. 4. Provided always^ That the inhabitants of the p .^
aforefaid Hopland School DiJiriB fiiali keep, maintain and fup-
jx)rt within the faid dii±ri£i:, their proportionable part of ail
fchools, by law hereafter required to be kept, maintained aiid
fupported within the aforefaid town of Le£.

[This Aci: paSed March 7, i']^i.~\

An ACT in addition to, and to amend and explain an
Act, paffed the feventh Day of July^ Seventeen
hundred and eighty-four, entitled, " An Acl for
creeling a Diftrick in the County of Suffolk^ by the
Name of Dover."

WHEREAS difputes have fubfifted refpeiTting the divid- Preambfe,
ing line between the faid diftrift of Dover and the
town of Dcdham ; for the preventing of which in future.

Sect. i. Be it eiiaBed by the Senate and Houfe of Rep-
rcfentativesy in Gsiural Court affembkdy (iJid by the author"
ity of the fame. That the following lines, viz. Beginning at a

corner

296 FISHERY, &c. March 7, An. 179*^

Eoiindaries. corner of the town of Walpak) near Buhling Brook, fo called^
where it croffes Mciijield road ; thence running a ftraight hne
to the wefterly end of the houfe-lot of Nathaniel Richards^
deceafed, and by faid houfe-lot to Charles River, fliall be for-
ever hereafter underftood, perambulated and taken, and here-
by is eftabhfhed, to be the dividing line between the faid
town of Dedham and diftrift of Dover, any thing in the faid
former A<51: to the contrary hereof notwithftanding.

Provifo. Sect. 2. Provided ahvays. That this Ail (hall not be con-

fidered to affecl the collecting of taxes now alfeiled within faid
town and diftricl, but the fame ihallbe demanded and collect-
ed in the fame manner as though this A6t had never palled.
[This A61 paffed March 7, 1791.]

An ACT for regulating the Fifhery in Coimedicut

River.

jyE it enaBed by the Senate and Houfe of Reprefe?itatives, in

-^ General Court ajfembled, and by the authority of the fame,'

Times appoint- That no perfon or perfons Ihall, between the fifteenth day of

fifh^""^ ^'"■'^'^'"S Mai ch and the fifteenth day of June, in any year, fet or draw

any feine or feines, or any other machine, for the purpofe of

catching lifh in CoftneBiciit River, or in any river or ftream

falling into the fame, from the riflng of the fun on Saturday

morning until the riling of the fun on Tuefday morning. And

every perfon that Ihall be convifted of any breach of this Aft'

fliall forfeit the fum of ten pounds, and alfo the value of the

Penalty. feine and other machines or utenlils ufed in fifliing as afore-

faid, to be recovered by any perfon who fhall fue for the fame

before any court having jurifdiction thereof. And all Afts

heretofore made for regulating the filhery in the rivers and

ftreams aforefaid, are hereby repealed.

[This Adi palled March 7, 1791.]

An ACT for incorporating a Number of Inhabitants
of the Town of Windha?n, in the County of Cumber-
land, into a Religious Society.

T)E it enaBed by the- Senate and Houfe of Rep re-*

"^ fentatives, in General Court affcmbled, and by the
^'^J^^^^^'''^''''' authority of the fame. That Jchabod Hafifon, Daniel Pettingill,
Jacob Elliot, Jacob Elliot, jun. Peter Bolton, Ezekiel Hanfon,
James Bolton, Jofeph Hiitchijfon, Bamuel Hutchinfon, John Muck-
ford, Robert Muckford, Eben ProBor, IVilliam Proaor, Richard
Shane, Samuel Hanfon, William Hanfon, Andrew Tivombly, Jo-
feph Elder, Ezra Hanfon, Charles Elder, Simon Lore, Mofes
Pattefjgill, Joftah Webb, Daniel Crockett, Richard Stevens, Robert
MHUdtis, Jonathan Sti-j..ns, Thomas Millions, John WindfJiip,

Richar

Baptist society. March 7, An. 1791. 297

Richard Whidfiip^ Gcrjlmm Windpipe Thomas Craguey Jofiua
WiiidJJjip, Jofeph Chejlyy Ichahod Han/on, jun. Scwtuel Lord^
Stephen Hutchi/ifoUi Nicholas Anthoine, Jojiab Auftin, JFilliam
Mayherry, Jonathan Robbards and Samuel Robbards, the petition-
ers, together with their families and eftates, be, and they here-
by are incorporated into a rehgious Society, by the name of The
Baptijl Society in the 7'own of Windham, with all the privileges,
powers and immunities which any pariih or corporate religious
fociety in this Commonwealth is entitled to by law.

Sect. 2. Ajtd be it further enaEled by the authority aforefaid^
That^ Joftah Thatcher^ Efq. be, and he hereby is authorized to Jafiah Thatch-
iffue his warrant, directed to fome principal member of faid'j-^'^^'l-'-"'^^"*
Society, directing him to warn the members thereof to afTemble
at fome fuitable time and place in faid town, to choofe fuch
officers as are required by law to be chofen by pariflaes in the
month of March or April annually, and to tranfacl all fach
matters and things as may be neceilary, and can legally be done
in faid Society.

. [This A(Sl paiTed March 7, 1 791.]

An ACT for incorporating a Number of Inhabitants
of the Town of Gorhani, in the County of Cumber'
land, into a diftincl Society.

^^ T)E it enacted by the Senate and Houfe of Reprefenta-

»- - • • XJ tiveSy in General Court ajfembled, and by the authority
of the fatne, That George Thombsy Enoch J'Vaite, Ebenezer Ham- Perfons incor-
blin, Nathaniel Stevens, Daniel Alann, Samuel Crocket, jun. perated.
Charles Thombs, Lemuel Hicks, Barnabas Bangs, jun. Thomas
Bangs, William Burton, Ger/hom Hamblin, Ifaac Elder, Nathaniel
Freeman, Samuel Thombs, Andrew Cobb, Barnabas Bangs, IVilliam
File, Elifja Strout, George Hamblin, Jonathan Freeman, James
McCorfon, Amos Rich, James Rofs, Ebene-zer Bangs, Lemuel
McCouren, John Ward, Ebenezer Cotton, Joel Sawyer, David
Elvil Morton, Ebenezer Morton, James Morton, Nathan Hanf-
cum, Chr'iJlopher Plumer, Ifaac Irijh, Ifaac Plumer, John Ha/helj
jun. Reuben Libbee, Edivard Webb, Jofeph Hodgdo7i, John Lom-
bard, John Carfey, John Carfey, jun. Thomas Bolton, Jeremiah
Clement, William Bolton, Daniel Gammon, William Lakeman^
Fphraim Crocket, Pelatiah Crocket, Thomas Paine, Befynmin Cate,
James M^IntofJj, Reuben Elder, Benjamin Chamberlain, Ebenezer
Cobb, Samuel Elder, Samuel Warren, Micah Whitney, James
Gilkey, Hart Williams, and Jonathan Crocket, members of the
faid religious Society, together with their families and eftates,
be, and they hereby are incorporated by the nams of The Baptijl

Religious
Vol. I. 2....0

298 EPISCOPAL SOCIETY. March 7, An. 179F.

JRdigtoHs Society of Gorhamy with ail the privileges, powers and
immunities to which other pariflies in the Commonweaith are
by law entitled.

Sect. 2. Jnd he it further enncled. That every perfon in
.^Tethodof pro- ^j^g ^y^^^ ^f Gorham, who fliall, at any time hereafter, aclual-
' r"to'be con- ^7 become a member of, and unite in religious worlhip,
aiercd mem- with any Society in faid town, and give in his or lier name to
li-«- the SelecSlmen of the town, with a certificate ligned by the mih-

ifter of the Society to which he or Ihe is fo united, pur-
porting that the fame perfon is a member of, and (mites in
religious worfliip with fuch Society, fourteen days previous to
the town-meeting therein, to be held in the month of March
or April annually, fhall, from and after fuch meeting, with his
or her families and eilates, be considered a member of fuch
Society.
Todiih Thatch- Sect. 3. Afid he it further eiiailed. That Jofinh Thatcher ,
'- \- Efci- to iffue £{'q^ be^ ^Y\d he is hereby authorized to ilTue his v/arrant, di-
ns warrant, j.j.fj-gtj j-q {ome principal member of the faid Society, requiring
him to warn the members of the faid Society qualified to vote in
parifh affairs, .to affemble at fome fuitable time and place in
faid town, to choofe fuch parifii officers as are by law required
to be chofen in the month of March or April annually, and to
traniact all fuch matters and things as are neceffary, and may
legally be done in faid Society.

[This Act palTed March -j^ 1 791.]

/.dditionai Aci An ACT for ir.Cvornorating the Members of the
March 6,i8oz. jrpifcopal ChuFcH in the Town of Fort/and into a

Religious Society.
' '1 iiainhle. "^ H T HERE AS a number of perfons in the town of Portland^
y Y ^^'^"'<^ belong to the Epifcopal Church in faid town,
have petitioned this Court to be incorporated into a religious
Society, for the purpofe of carrying on the public worfhip of
God, in faid place, according to the Epifcopal form and faith,
and for other purpofes, mentioned in their petition j and it
appearing reafonable to this Coui't, that the prayer thereof
iliould be granted :

, Sect, i . Be it therefore enacted by the Senate and Houfe ofRep^
refentativeSi in General Court ajfcmhtedy and by the authority of the
. "ons incor- fame^ That John U^aity John Thorloy Nathaniel Fadre Fof dicky
poraitd. fames Fofdicky Alexander Motleyy Francis W^aity Thomas Oxnardy

Shirley Ervingy Stephen Dehloisy Nathaniel Cojfflny John Rudhergy
Samuel Waitey William Waitey John Merrill, jo/ljua Rogersy
Stephen Waitey Thomas WaitCy Thomas Motlyy William Tate,
George Tate, Edward Oxnardy Jofeph RiggSy jun. Thomas Fof-

dick.

CONGREGATIONALSOCIETY.M.7rrZ;8,An.i;9i. 299

dick, Benjamin Wciii, jun. John IVhcehvright Greatony John
Baker, jun. Benjamin Waite, Thomas Robijon, John Kent, Satvuel
Tate, David Braddi/Jj, John Loivther, Alford Butler, Beter ]Var-
ren, John Thorla, jun. Pelatiah Furnald, Samuel Mcuntprd,
Jeremiah Coff.n, John Bailey, James Corry^ and Samuel Aiount-
ford, jun. the petitioners and members of faid Epifcopal
Society, together with their polls and ellates, be, and they are
hereby incorporated into a Rehgious Society, by the name of
The Epifcopal Church in the To%vn of Portland, with all the priv-
ileges, powers and immunities, which any pariih or corporate
religious Society in this Commonwealth is entitled to, by the
laws and conllitution thereof.

Sect. 2. And he it further enacted by the authority oforefaid.
That the Wardens and Veftry of faid Church, and their fuc- Wardens at d
cellbrs in faid office, be, and they are hereby authorized and Veftry en.-
evnpowered to make fale, and difpofe of any land, renenients P"^"^^'
or hereditaments, belongirig to faid Church, to any pcrfon who
may wilh to purchafe the lame, in fee fimple, and to make
and execute good and fufficient deeds in law of the fame, and
to leafe, or otherwife difpofe of the fame, in the name and
behalf of the proprietors of faid Church, as to them fhail feem
iiecefTary, agreeably and in conformity to the votes of the
proprietors of faid Church.

Sect. 3. And be it further enabled by the authority oforefaid.
That Daniel Davis., Efq. be, and he is hereby authorized to pj '""to ^^'-I
ifTue his warrant, directed to fome principal mLember of faid his warrant.
Church, requiring him to warn the members of faid Church
and Society, to meet at fome fuitable time and place in faid
town, to choofe fuch Officei's or Committee, as the laid So-
ciety may deem neceiTary for governing the religious and
fecular concerns thereof, and to tranfacl all matters and things
neceiTary, and which may legally be done in the faid Society.
[This A61 palled March 7, 1791.]

An x\CT to incorporate a Number of the Inhabitants
in the Town of Taunton, into a Parifh by the Name
of The FirJi Congregational Society in the Town of
Taunton,

„ T)E it enaBed by the Senate and Houfe of Reprefenta^

'*-' tives, in General Court afemhled, and by the authority
of the fame. That the Congregational inhabitants within the
town of Taunton, in the county of Brifol, who ufually attend Sockt
the public worfliip of God, in the Old Meeting-Houfe, lb 1
called, in faid town, be, and they are hereby incorporated into
a pariih, by the name of The Firfl Congregational Society in the

Tcvjft

3 oo CONGREGATIONALSOCIETY.M^rryf^8,An.i79i.

Method
procedure,
order to
come - mem
bcrs.

Provlfa.

Method

making
viConal
port.

Society
powered
fpeftiig
cftate.

Town of Taunton, with all the privileges and Immunities, ex-
ercifed by other, and llmilar Societies and Corporations, within
this Commonwealth.

And in order to prevent and remove any doubts or difputes,
which may hereafter arife, in diftingulfhing who do belong
to, and are taxable, to the fupport of the mlnlftry, in fald
Society :

Sect. 2. Be it further enacied by the authority aforefaidj
of That it {hall, and may be lawful for faid Society, (If they fhall
in think proper) by a miijor vote, in a legal meeting to be warn-
^^' ed for that purpofe, to make it requiilte, for thofe who are
inclined to belong to the fame Society, to lodge their names
with the Clerk of the faid Society, who fiiall enter the fame
in a book, to be kept for that purpofe ; and all perfons, who
fhall caufe their names to be entered as aforefaid, ihall be held,
deem.ed, and taken to belong to faid Society, and liable to pay
their proportion of all taxes, that fhall be affefled on them,
in either of the ways provided by this Aft, until they fhall
iignify their intentions of leaving faid Society, to the Clerk
thereof, in writing, declaring fuch their intentions, and ihall
alfo lodge a certificate with the faid Clerk, figncd by the
Clerk of fome other religious Society of a different denomina-
tion, fetting forth, that they have actually joined the laft
mentioned Society, and become members thereof.

Sect. 3. Provided neverthelefsy That if any perfon, who
{hall be aflefl'ed in any tax, agreed upon by faid Society for
the fupport of the minifter thereof, and other Incidental
charges, fhall not, previous to the granting faid tax, declare his
intentions of leaving faid Society, in the way and manner
herein before prefcribed, he fliall be held to pay the fame,
notwithftanding he fhall fignify his intentions of leaving the
fame Society, after faid tax is granted, and prior to the col-
lecllon thereof.

Sect. 4. And he il further enacied hy the authority aforefaidy
of That it fhall and may be lawful for faid Congregational
P^°" Society, to ralfe money by taxing the pews in any meeting-
houfe where the faid Society fliall meet for public worfliip, for
the fupport of their minlfler, and fuch other expenfes as they
{liall think neccfTary, whenever a maiorltv of the pew-holders,
together with a majority of thofe who are not pew-holders,
belonging to faid Society, by a major vote, {ball deem it ex-
pedient, and do agree to the fame.

Sect. 5. And be it further enacied by the authority aforefaidy
That the members of faid Congregational Society are
hereby authorized and empowered to take into pofleffion all
the lands, or other eftate, that by any way or means doth be-

Ipng

fup

their

BOUNDARY LINE. March S, An. lygi. 301

long to faid Society ; and to dlfpofe of the vife or Income of
the fame, in any way, for the ufe of faid Society, as Ihall by
them be judged moil conducive to the intereft and benefit of
the fame.

Sect. 6. And be it further enaBedy^hztGeorgeGodfreyzridLApol- <^^ovge God-
los Leonard^ Efquires, or either of them, are hereby empowered "^^J^^^ ^"lemi-
and dire^ed to ifTue his or their warrant to fome principal ard, Efq'rs. to
member of faid Society, requiring him to warn the members iflue warrant,
thereof to meet at fuch time and place as fliall be therein fet
forth, to choofe ail fuch officers as are necelTary for tranfact-
ing the bufincfs of faid Society.

[This A£l paffed March 8, 1 791.]

An ACT appointing Commiflioners, on the Part of
this Commonwealth, for afcertaining the Boundary
Line, between this Commonwealth, and the State
of Connedicut,

WHEREAS it is reprefented to the General Court of
this Commonwealth, that contentions and difputes Preamble,
have arifen between fome of the citizens of this Common-
wealth and thofe of the State of ConneElicut^ refpefting the
Boundary Line, between this Commonwealth, and fuch State :
To prevent which in future, and to promote harm.ony and
affection between the citizens of the two refpedlive States,

Sect. i. Beit enacled by the Senate and Houfe of Rcprefeftta-
iives, in General Court ajjembledj and by the authority of the fame.
That the Honorable John Worthington, Nathaniel Gorhaniy and Commiflioners
Samuel Lyman, Efquires, be, and they hereby are appointed ^PP°"^''="*
Commiflioners on the part of this Commonwealth, for afcer-
taining the boundary line, between the fame and the State of
ConneEiicut ; and the faid Commiflioners are hereby authoriz-
ed and empowered to meet fuch Commiflioners as may be ap-
pointed, and vefted with fimilar powers, for the purpofe afore-
faid, by the Legiflature of the State ConneEiicut, and, in con-
junction with them, to afcertain, run, and mark fuch boundary
line : And the Commiflioners hereby appointed, on the part ^j^^j^. po^e^
of this Commonwealth, are authorized and empowered to
agree upon fuch principles, refpedting the running of the faid
line, as, from the beft documents they can obtain, may ap-
pear to them jufl: and reafonable ; which line, when fo afcer-
tained, forever afterwards fhall be confidered and held to be
the juft and true boundary line of jurifdi6lion between this
Commonwealth, and the faid State of ConneEiicut. And the
Commiflioners hereby appointed on the part of this Com-
monwealth, are authorized to employ fuch furveyors and
chain-bearers, as they may think proper, to aflift in duly afcer-
taining

302 BOUNDARY LINE. March 8, An. 1791.

taining the line aforefaid ; and fucli the faJd Commiffioners,
prior to their entering into the bufinefs herein affigned them,
ihall receive a commiffion from the Governor, under the
feal of this Commonwealth, agreeable to the powers with
which they are vefted by this Adt.

Sect. 2. -^nd be it further enaBed by the authority aforefaid.
Copy of this That the Governor of this Commonwealth be, and he hereby
A€t to be is requefted to tranfmit a copy of this A£t to the Governor of
iraxifmitted. Cojineclicut^ that the fame may be duly communicated to the
Legiflature of that State, in order that meafures may be taken
on the part of fuch State for afcertaining the bounds afore-
faid.

[This Aa pafled March 8, 1791.]

An ACT appointing Commiffioners on the Part of
this Commonwealth, for afcertaining the Boun-
dary Line between this Commonwealth and the
State of Rhode-JJland.

WHEREAS it appears by communications received from
the Governor of the State of Rhode-Ifandy that dif-

Frcamble. putes and difficulties have arifen, refpecling the boundary line
between this Commonwealth, and the faid State of Rhode-
IJland : To prevent which in future, and to promote harmony
and affe<5lion between the citizens of this Commonwealth, and
fuch State,

Sect. 1. Be it enacted by the Senate and Hotfe of Reprefenta-
fives, in General Court affcmhlcd, and by the authority of the fame,

aToSS"'" That the Honorable Walter Spooner, Elifia May, and David
Cobb, Efquires, be, and they hereby are appointed Commif-
lioners on the part of this Commonwealth, for afcertaining the
boundary line between the fame, and fuch the faid State of
Rhode-Ifand. And the faid Commlffioners are hereby au-

Thcir power. ^^^^-^^^^ ^^^ empowered to meet fuch Commiffioners as may
be appointed and vefled with limilar powers for the above pur-
pofe, by the Legiflature of the State of Rhode-Ifand, and, in
conjun£lion with them, to afcertain, run and mark fuch boun-
dary line upon the principles that have heretofore been agreed
upon by Commiffioners from Great-Britain, or by the refpedt-
ive Legiflatures of the late Province of Maffachufetts Bay,
and the Colony of Rhode-Ifand and Providence Pla7itations,
for that purpofe appointed, if thofe principles can now
be afcertained, otherwife the faid Commiffioners on the
part of this Commonwealth, hereby appointed, are au-
thorized to agree upon fuch principles touching the
running faid line, as from the beft documents they can

obtain.

BERWICK ACADEMY. March ii. An, lygu 303

obtain, may appear to them juft and reafonable ; which line,
when fo afcertained, lliall forever afterwards be confidered and
held to be the true and juft boundary line of jurifdidlion be-
tween this Commonwealth and the State aforefaid.

Sect. 2. ^nd be it enaBed by the authority aforefaidy That
fuch the Commiffioners on the part of this Common- Commiffioners
wealth, hereby appointed, be, and they hereby are authorized ^°^^^f°^ ^^j
to employ fuch Purveyors and chain-men, as they may think chain-men.
proper to affift in afcertaining the fame line as aforefaid ; and
fuch Commiffioners fo appointed, prior to their entering into
the bufinefs herein affigned them, fhall receive a commiffion
from the Governor, under the feal of this Commonwealth,
agreeable to the powers with which they are vefted in and
by this Aft.

Sect. 3. And be it further enaBed, That the Governor of
this Commonwealth be, and he hereby is requefted to trans-
mit a copy of this ASi to the Governor of Rhode- IJland^ that
the fame may be communicated to the Legiflature of that
State, in order that meafures may be taken on the part of that
State to carry the fame into efFedt.

[This Aa paffed March 8, 1791.]

An ACT for eftablifliing an Academy in the Town
of Berwick, by the Name of Berwick Academy.

WFIERE AS it appears that the Hon. Benjamin Chadbourn,
Efquire, of Berwick, in the county of Tork, has appro- '^^"^ **
priated a very convenient traft of land in faid Berwick to the
ufe of an Academy, and that fundry well-difpofed perfons
have fubfcrlbed the fum of Jive hundred pounds, for the fame
generous defign ; the more fully to effedt which, it is necef-
fary to eftablifh a body politic :

Sect. i. Be it therefore enaEIed by the Senate and Houfe of
Reprefentafives, in General Court ajfembled, and by the authority of
the fame. That there be, and hereby is eftablifhed in the town Berwick Acad-
of Berwick, in the county of Tork, an Academy, by the name ^""^ eftablifli-
of Berzuick Academy, for the purpofe of promoting piety, re-
ligion and morality, and for the education of youth in fuch
languages, and fuch of the liberal arts and fciences, as the faid
Truftees iliall direft ; and the Honorable Benjamin Chadboum, Truftees incor-
Efq. the Hon. David Sezvall, Efq. the Hon. Edward Cutts, Efq. porat«d.
the Hon. Nathaniel Wells, Efq. the Rev. James Pike, the Rev.
Benjamin Stephens, D. D. the Rev. Mofes Hetnenway, D. D.
the Rev. John Tompjon, John Rollins, Efq. Col. Jonathan Ham"
ikon, John Hale, Efq. Mr. John Haggens, Do<Stor Ivory Hovey,,
and Mr. John Lord, be, and they hereby are nominated and
appointed Truftees of the faid Academy ; and they are hereby

incorporated

304 BERWICK ACADEMY. March ii. An. i^qi.

incorporated into a body politic, by the name of The Trujlees of
Beriv'tck Academy ; and they and tlieir fucceflbrs, fhall be, and
continue a body politic, by the fame name forever.
Property to be Sect. 2. Aftd be it further enaEled^ That all the lands and
vcfte|i in the ^xionies heretofore given or fiibfcribed, or Avhich for the pur-
pofe aforefaid fiiall be hereafter given, granted and affigned
unto the faid Truftees, fhall be confirmed to the faid Truftees
and their fucceflbrs in that truft forever, for the ufes which
in fuch inftruments Ihall be expreffed •, and they the faid
Truftees fhall be further capable of having, holding and tak-
ing in fee fimple, by gift, grant, devife or otherwife, any lands,
tenements, or other eftate, real or perfonal (provided the an-
nual income of the fame Ihall not exceed two thoufaud powuls,)
and fhall apply the rents, ifTues and profits thereof in fuch a
manner, as that the end of the Academy may be moll effec-
tually promoted.
Their power. ' Sect. 3. Be it further enaBed^ That the faid Truftees fhall
have full power from time to time, as they fhall determine,
to ele(5l fuch officers of the faid Academy, as they fliall judge
neceffary and convenient j and fix the tenures of their refpec-
tive offices ; to remove any Truftee from the Corporation,
(when, in their opinion) he flaall be incapable, through age or
otherwife, of difcharging the duties of his office ; to fill all
vacancies, by electing fuch perfons for Truftees as they fhall
judge beft ; to determine the times and places of their meet-
ings, the manner of notifying the faid Truft-ees, the method
of electing or removing Truftees ; to afcertain the powers and
duties of their feveral officers ; to ele£t preceptors and ufhers
of faid Academy, to determine the duties and tenures of their
^. offices 5 to ordain reafonable rules, orders and by-laws, (not
repugnant to the laws of this Commonwealth) with reafonable
penalties, for the good government of the Academy, and afcer-
taining the qualifications of the ftudents requilite to their ad-
mlffion •, and the fame rules, orders and by-laws at their
pleafure to repeal.
Seal Sect. 4. Be it further enaBed, That the Truftees of the

faid Academy may have one common feal, which they may
change at pleafure ; and that all the deeds, figned and deliv-
ered by the Treafurer or Secretary of faid Truftees, by their
order, and fealed with their feal, fhall, when made in their
name, be confidered as their deed, and as fuch to be duly ex-
ecuted and valid in law ; and that the Truftees of faid Acad-
emy may fue and be fued, in all actions, real, perfonal or mix-
ed, and profecute and defend the fame unto final judgment
and execution, by the name of The Trufees of Beriuick Academy.
Number, &c. Sect. 5. Be it further enacted^ That the number of the faid
Truftees, and their fuccelTors, fliall not, at any one time, be

SOCIETY IN ORANGJE. March ii, An. 1791. 305

more than fifteen, nor lefs than nine, feven of whom fhall
cbnftitute a quorum for tranfa«Sting buiinefs ; and a majority
of the members prefent at any legal meeting (hall decide all
queftions proper to come before the Truftees : That the prin-
cipal inftrutftor for the time being fhall ever be one of them : ,
That a major part fliall be laynien, and r^fpe^lable freeholders ;
alfo, that a major part fhall confift of men who are nOt inhab-
itants of the town where the feminary is fituated.

Sect. 6. And be it further enaEted b\ the authority aforefaid.
That if it fliall hereafter be judged upon mature and impar- — Empowere«!
tial confideration of all circumftances, by two-thirds of all the '°''':"^°^<= *|^®
Truftees, that for good and fubftantial reafons, which at this ^ajg^
time do not exill:, the true defign of this inftitution will be
better promoted by removing the feminary from the place
where it is founded ; in that cafe, it ilrall be in the power of
the faid Truftees to remove it accordingly, and to eftablifli it
in luch other place within this State, as they ihall judge to be
beft calculated for carrying into effectual execution the inten-
tion of the founders.

Sf.ct. 7. Be it further enaEled^ That the Hon. Benjamin Brnjamin
Chadbourrtj Efq. be, and he hereby is authorized, to fix the Chadbourrt,
time and place for holding the firft meeting of the faid Truf- ^^- *"*"*^*^
tees, and to notify them thereof.

£This.A£l paffed ^^fV/?» 1 1, 1 791.]

An ACT for repealing an Acl paffed iii the Year
of our Lord One thoufand feven hundred and
'eighty-four, entitled, " An Aft to incorporate the
Church and Congregation in the Diftricl of Orange^
in the County of Haihpfhire, whereof the Rev. Mr.
Emerjhn Fojier is the prefent Mlnifter, into a Society
by the Name of the Congregational Society of

WHEREAS the operation of faid Aft does not pro^ p„ , .
diice thofe falutary effects which were expected :
Be it therefore enacted by the Senate and Hoiife of Reprefenta-
tives, in General Court ajjanhled^ and by the authority of the fume..
^hat the aforefaid Adt be, and hereby is repealed and made j^^ rspoJef*
null and void. Provided ahuays, That the faid Society fhall
be holden to pay all debts by them heretofore contracted, in
the fame way and manner as though this A6t had not paffed.
[This Adt paffed March 11, 1 79 1.]

An
Vol, I. 2....F

3«$ READFIELD INCORP. March ii, An. 1791.

An ACT to incorporate the north Part of the Town

of Winihrop, in the County of Lincoln^ with the In-
habitants thereon, into a Town by the Name of

Readfield.
« D-E it enaEled by the Senate and Houfe of Reprefenta"

-^ tives, in General Court ajfemhledy and by the au-
Readfield in- thor'tty of the fame^ That all the lands in the town of Winthropf
eorporated. lying north of the line hereafter defcribed, viz. Beginning on
the Ibuth line of Lot Number Thirty-two, in faid Winthropt
where the weft line of Hallowell crofies faid lot, from thence
running weft-north-weft, on the range line to Chandler's pond;
then wefterly acrofs faid pond, to the fouth-eaft corner of Lot
Number Two Hundred and Twenty ; then wefterly on the
fouth line of faid lot -, to fouth-w eft -corner of faid lot ; then
northerly to the north-eaft corner of Lot Number Sixty-fix ;
fi-om thence weft-north-weft on the north line of Lots Number
Sixty-fix, Ninety-three and One Hundred Fifty-fix, to the weft-
erly line of faid town, with all the inhabitants thereon living, be,
and hereby are incorporated into a fcparate town, by the name
of Readfield, with all the powers, privileges and immunities, that
towns within this Commonwealth have, or do enjoy.

Sect. 2. And be it further enaEied by the authority aforefaid^
T« pay all ar- That the inhabitants of the faid town of Readfield ftiall be fub-
rcars of uses. -^^ ^^^ ^^^j ^^^^ „|i tTiXtz and taxes heretofore afTefled upon them,
while they belonged to the town of IVinthropy in the fame man-
ner as though this Acl had not been pafied ; and fhall alfo b^
fubjeft to pay their proportionable part of all debts due from
faid town of Winthrop^ at the time of tlieir Reparation, and alfo
fhall receive their proportionable part of all public lands, and of
all other public property whatfoever, that did belong to faid
town of Wtnthropy at the time of their feparation.
T» fupport Sect. 3. And be it further enaclcdy That the faid town of
their poci. Readfield ihall take and fupport their proportionable part of all
the poor, that did belong to the faid town of WtJithrcp, at the
time of their feparation, according to their laft valuation ; and
provided any perfou or perfons have removed from faid town
of Winthropy and fhall be hereafter returned as the poor of faid
town ; then and in fuch cafe, the faid town of Readfdd fliall
take and lupport as their poor, all thofe who immediately before
fuch removal were the inhabitants' of that part of the town of
Winthrop which is now Readfield.

Sect. 4. And be it further enabled by the authority afrefaidf
Readfield and That until the faid town of Readfield fliall have a fufficient
Winthrop to number of inhabitants to entitle them to fend a Reprefentative,
affemblcjmndy ^^^^ ^.^^^^ ailcmble and meet with the town of Winthrop, and
meeting. in town-meeting alternately at Winthrop znd Readfieldy{\^?».\\]o\n

in choofing a Reprefentative, to fcrve in the General Court of
this Commonwealth.

Sect.

NATURALIZATION, &c. March 1 1, An. 1791. ^

Sect. '5. And be it enaBed hy the authority aforefaidy That JonathanWhit-
Jonathan Whitings Efq. be, and he hereby is authorized and »°g' ^^"l- *« •^-
empowered to iiTue his warrant to fome principal inhabitant of ^^^'

the faid town of Readfield, requiring him to notify and warn
faid inhabitants to meet at fome convenient time and place in
faid Readfieldy to choofe all fuch officers as other towns by law
are required to choofe, in the month of March or April annu-
ally.

[This A£l pafled March 11, 1791.]

An ACT for naturalizing John White and others.

WHEREAS John White^ Roger Dichinfon, and John At- j,^^^^^^^
kinfotiy (the faid Atkinfouy in behalf of himfelf, his wife
and children) have petitioned the General Court, that they may
be naturalized, and thereby become entitled to all the rights
and privileges of natural born citizens ; and having produced
fufficient teftimonials of their good characters :

Sect, i . Be it enacted by the Senate and Hottfs of Repre-
fcntativesy in General Court ajjemblcdy and by the authority of the

fame, That the aforefaid Jcjhn IFhitey Ro^er DickinfoUy and John M" , "^^''^
• 'o *^«.*' and otlicrs nat—

Atkinfon, together with Elizabethy the wife of the laid Athinfony uralized.

John Atliinfony jun. Charles AtkinfoUy Eliza Stsrer Atkinfony
George Hodgfon Athinfony Mary Ann AthinfoUy Caroline Frances

Atkinfony and William Atkinfony his children, (they the faid John ^^o take the

WhitCy Roger Dickinfony and John Atkinfny refpedlively taking oath of alkgi-
and fubfcribing the oath of allegiance to this Commonwealth, ance.
before two Juftices of the Peace, quorum unus) Ihall be deemed,
adjudged and taken to be free citizens of this Commonwealth,
and entitled to all the liberties, privileges and immunities of
natural born fubjedls.

Sect. 2. And be it further enaBedy That the Juftices be- Ji^ftice to re-
fore whom the faid John White, Roger Dickinfony and John ^^. turn certificate.
kinfn fhall take and fubfcribe the faid oath, Ihall return a cer-
tificate of the fame into the Secretary's office, that it may be
the recorded.

[This A<fl pafied March 11,1791.^

An ACT for eftablilhing the Boundary Line between AdditionalAA»
the Towns, o^ Brookjkld and Nevj-Braintree, in the ^^^'^^^^'i^-
County of Worceflcr,

c TyE it enaEled by the Senate and Houfe of Rcprefent-

-*~* ativeSf in General Court affembledy and by the
muthority of the famCy That about forty-three acres of land Lsnds annexed
belonging to George NyCy lying near the dwelling-houfe of to Brookfield
Major James Woods, which previous to the paffing of this A61 ^^. ^**
helojigQd to the town of Brookfeldy be, and the lame is hereby

annexed

s«l

Soundaries.

ProTiCBf

JOHN LADD, &c.

yune 10, An. 1791,

annexed tothe town of Kew-Bfawtrie ; and that the farm and
eftate of Francis Stone, containing about fourteen acres, here-t
tofore belonging to faid town of New-Braintree, be, and the
fame is hereby annexed to faid town of Broohfield.

Sect. 2. Afid be it further cnaEled by the authority afor^aidf
That the dividing Hne between the faid towns fhall hereafter
run as foPK^weth, to wit. Beginning on the weflerly fide of the
road at the fouth-eafterly corner oi Jofeph Barnes'^ land, thence
running north-eafterly to the north-weft corner of Samuel
Harrington^s land, ftanding on the original north line of the
town of Brookjieldy~~^Vi^ that all lands lying on the north-weft^
erly fide of faid line, heretofore belonging to the town of
Brookfield, be, and they hereby are annexed to the town of
Neiv-Braintree ; and all the lands lying on the fouih-eafterly
fide of faid line, heretofore belonging to the town of New
Braintree^ be, and they are hereby annexed to the town of
Srcokfield.

Sect. 3. provided neverthekfsy That this Aft fliall not be
confidered to affedt the collcfting of taxes now jilfefled or
granted within the faid towns, but the fame fhall be demanded
and colledled in the fame manner as though this A^ had nev-
er pafTed, *

[This Aft pafTed Jujie 10, 1791.}

An ACT to fet off John Ladd, from the lirft to the
fecond Parifli in Mcthuen*

jyE it ena^ed by the Senate and Houfe cf Rcprefentatives in Gen-
■'■^ eral Court njjemhled, and by the authority of the fame. That
\^tiTi Ladd J°^^ Ladd, of Methuen^ in the county of Effex., be, and he
t^ajifpofcd, hereby is fet off from the firft parilh in faid Methuen^ together
with all his eftate both real and perfonal, and annexed to the
fecond parifh in Methueny there to do duty, and receive privi-
leges in the aforefaid fecond parifh in Methuen.
[This A(St pafied June 10, 1791.]

Juliui
ict off.

An ACT to fet off Julius Mis, from the Town of
Bccrfieldy in the County o^ .Hampfhjre^ and to an-
nex him to the Town of Conway.
- T)E it enaaed by the Senate and Houfe of Reprefenta-

DECT. I. X> tives y in General Court ajfembledy and by the authority
ef the famcy That the abovefaid Julius JUisy with his family^
"^^''^ and the land he lives on, being about feventy-one acres, de-
fcribed as follows : — Beginning at the fouth-weft corner of
fnid Dee^fcld, thence running north twelve degrees and an
half eaft, one hundred and twenty-fix rods ; thence eaft two
degrees and an half, north hxty rods ; thence fouth twelve de-

tree:

NEW MEADOW CANAL, June 17, An. 1791.

grees and an half, weft nineteen rods and an half ; thence
eaft, two degrees and an half, north forty rods \ thence fouth,
twelve degrees and an half, weft one hundred fix rods and an
half to the abovefaid fouth-weft corner of Deerjield) be, and
hereby are fet off from the faid town of Deerfield^ and annex-
ed to the faid town of Connuay ; and Ihall forever hereafter be
confidered as belonging thereto :

Sect. 2. Provided neverthelefsy That the faid Julitis AUls Provjf*.
fhall pay his proportionable part of all the taxes which are
already afteiTed or levied on the faid town of Deerfieldy in like
manner as though this A6t had not pafted.

[This A€i pafted June^ 1 7, 1 79 1 .]

An ACT for incorporating certain Perfons, for the AdditionaiAa.
Purpofe of opening a Canal, from the Head of New- ^'^^'^^ »»«
Meadow River, to Merry-Meeting Bay.

WHEREAS great advantages may arife to the towns Preamble,
weft of New-Meadow River, and to the public in gen-
eral, by opening a Canal, from the head of the fame river to
Merry-Meeting Bay :

Sect, i . Be it therefore etiaBed by the Senate and Hoitfe of
ReprefentativeSy in General Court ajfembledy and by the authority of
the fame. That Ifaac Snow, Nathaniel Larrabee, and Benj.-;ni}i Perfons incor^
Dunning, Efquires, Meflieurs John Peterfon, Phillip Higglns, P"^^^^'^-
Benjamin Ham, Nathaniel Sprague, John Dunlap, and Samuel
Grofe, fo long as they ftiall continue to be proprietors in the
Corporation hereafter mentioned, together with all thofe who
are, and thofe who fliall become proprietors thereof, Ihall be
a Corporation and Body Politic, for the purpofe of opening
and keeping open a canal, from the head of New-Meadow
River, to Merry-Meeting Bay, under the name of The Proprie-
tors of the New-Meadow Canal, and by that name may fue and •
profecute, and be fued and prosecuted to final judgment and
^execution 5 and do and fuffer all other matters and things,
which bodies politic may, or ought to do and fufter ; and that
the faid Corporation ftiall and may have full power and
authority to make, have and ufe a common feai, and the fame
to break and renew at pleafure.

Sect. 2. u4nd be it further enabled b^ the authority aforefaid.
That if it fhall fo happen, that any individual or body corpo- -Damage incur-
rate, fhall be damaged in his or their lands, or marfla adjoining ""^""^y whom
faid canal, by cutting and keeping open laid canal, the dam-
age fo done fhall be recompenfed by the proprietors thereof,
in fuch fums or proportions as fhall be ordered by the Court
cf General SeftiGns of the Peace in the county of Cumberland,

upoB

31* GREAT BARRINGTON. June i8, An. 1791.

upon inquiring into the fanje by a jury fummoned for that
purpofe, at the expenfe of the proprietors of the aforefaid
canal, if any damage fhall be afleffed by the faid jury.

Sect. 3. And he it further e7ja£ied by the authority aforefaid^
Ifaae Snow That Ifaac Snow, Efq. be, and he hereby is empowered and
iffue°hr^*^ a*- ^^'^^^^'^J ^o ^^"^ ^is warrajit to one of the proprietors afore-
rant. fsiid, requiring him to notify a meeting of the proprietors in

manner as the law directs ; and the proprietors at faid meeting
fhall choofe a clerk, (who fhall be duly fworn to the faithful
difcharge of his office) and all other needful officers for man-
aging the bufinefs of the faid Proprietary, which they fhall
have power to choofe from time to time afterwards, as necef-
fary, and alfo fhall agree on a method for calling future
meetings.

Sect. 4. And he it further enaEled by the authority aforefaid.

Time allowed. That if the faid proprietors 'fhall refufe, or negledt, for the

fpace of four years after the paffing of this Aft, to open and

complete faid canal, thejti this Aft fhall be void and of none

effeft.

Sect. K,- And be it further enacted by the authority aforefaid,
Gaiial to be That the faid canal fliall be kept open for the paffing of boats,
kept open. rafts, and other water craft, and for all perfons who may wifh
to pafs or tranfaft bullnefs therein, they paying to the faid
Toll. proprietors the following toll, viz. — For every boat, of the

burthen of one ton, the fum of nine pence, and in the fame pro-
portion for vefTels or boats of greater or lefs burthen, not
exceeding fx fillings, for any fuch velTel or boat. — For every
thoufand feet of boards in rafts, four pence haf-penny, and in
the fame proportion for all other kinds of lumber.
[This Aft paffed June 17, 1791.]

All ACT incorporating certain religious Societies
therein named, in the Town of Great Barrington, in
the County of Berkjhire,

T)E it etiaBed by the Senate and Hoife of Reprcfcnta-
•^ iiveSj in General Court ajfembled, and by the author-
'Spikopal Sod- it\^ cf the fame. That Thomas Ingerfoll, Elijah Eglejlon, David
ety incorpo- fl^alniv right, Sa?nuel Whiting, William Barns, Walter Pynchon,
Andrenv Robitifon^ Lambert Burghardt, Andrew Burghardt, John
Van Dufen, William Van Dufen, Garrit Burghardt, Hendrick
Burghardt, Clement Leman, Jacob Van Dufen, Abraham Van
Dufen, Jacob Van Dufen, 2d. John Burghardt, 3d. Medad Par-
fons, Amos Olds, Benjamin Cahoon, John Church, Jacob John-
fan, Andrew Loomis, James Henvit, Jf"^^ Church, John Church,
jun. Oliver Tounglove, Jonathan Tounglovc^ William Davis, John-
Stcvjr,rt, Peter Burghardt-^ Daniel Fergufon, John Burghardt,

John

Sect, i,

GREAT HARRINGTON. >«^ 18, An. 1791. 311

John Burghardtj 2d. Mofes Orcut^ Elijah Dwight, Eliztir Dem-
mingy Martin Ho-rcke, Ifaac Perre, Ebenezer Smithy Caleb Hilly
William Whitings William Whitings 3d. Abraham K. Whitings
Eliphalet Gregory, A-zel Sprague, Thomas Huxf^rd, Ifaac Van
Dufen, Ifaac Van DufeUy 3d. ifaac Van Dtfen, jun. John
Van Dufeny jun. Abraham Van Dufen, jun. John Farnharn,
John WilliamSy Nicholas Bidkleyy Emanuel Hodgity Ralph
AdamSy William Hamlyy John Obrian, William Obrian, and
Peter Ejlen, all of Great Ban-ingtony in the county of Berh-'
(hire, together with their fagiilies, polls and eftates, be, and
they are hereby incorporated into a parifli, by the name of
The Protejlant Epifcopal Society of Great Barrington, with all the
privileges, powers and immunities, which other parifhes within
this Commonwealth are entitled to by law.

Sect. 2. And it is further enacied by the authority aforefaid^
That all and lingular the other perfons with their eflates, with- Congregatlon-
in the faid town of Great Barrington, fhall continue and remain al Society mcor-
a religious fociety, by the name of The Proteflant Congregational ^^^^ ^
Society in Great Barrington, with all the privileges, powers and
immunities, which other parifhes in this Commonwealth are en-
titled to by law ; to which fhall belong the eftates of the non-
refident proprietors in the faid town.

Sect. 3. And it is further enaBed, That all monies, which Appropriation
by virtue of this Acl fhall be afiefTed and coUefted by the faid ®f nioni«.
Congregational Society, upon the eftates of non-relident propri-
etors within faid town, ihall be equally divided between faid
Epifcopal and Congregational Societies. And the treafurer of
faid Congregational Society, as often as any fum or fums of
money fliall be alTefTed and colledled in manner aforefaid, on
eftates of non-reudent proprietors, upon demand made by the
treafurer of faid Epifcopal Society, fliall pay over to the faid
laft mentioned treafurer the one half of faid fum or fams of
money, which fhall have been as aforefaid aflefied and collect-
ed.

Sect. 4. And it is further enaEled by the authority aforefaidy
That any inhabitants of tlic faid town of Great Barrington fhall Inhabitants t»
at all times forever hereafter, have full liberty to jointhemfelves '^^^"^'^ .f-^^^
with their families and eftates, to either of the parillies in faid
town : — Providedy They Ihall fome time in the month of March „ ■.
lignify in writing under their hands, to the clerk of faid town,
their determination of belonging to the parifti to which they
may join themfelves as aforefaid.

Sect. 5. And it is further enacted by the authority aforefaid.
That Elijah Dwighty Efq. be, and he is hereby authorized to Elllah Dwight,
illue his feveral warrants, diredled to fome principal member of Efq. to ilTue
each of faid focieties, requiring him to warn the members of ^'* warrint,
faid focieties refpe<ftively, qualified to vote in parilh affairs, to
aflemble at fome fuitable time and place in the faid town, to be

exprefTe^l

3 1 2 MONMOUTH. Jan. 20, An. 1 y^u

expreiTed in fuch warrant, to choofe fuch officers as parifhes artf
by law required to choofe, in the month of March or Jpril an-
nually, and to tranfa(5l all matters and things neceflary to be
done in the faid parifhes, refpe<Slively.

[This A61 pafTed June 18, 1791.]

An ACT for difcontinuing the Office of Comptroller .
General in this Commonwealth.

T)E it enaEled by the Senate and Houfe of ReprefentativeSy i^
•*-^ General Court ajfemhled^ and by the authority of the fame ^ That
OfficeofComp- the office of Comptroller General fliall ceafe from and after the
troller General fij-ft clay of July next ; and that the prefent Comptroller Cen-
to cca e. g^^j ^^1^ fettle his accounts to that time with the Treafurer of
this Commonwealth, who is hereby empowered and dire<n.ed to
perform all the duties of the laid office, in the fame manner as
they are now executed by the prefent Comptroller General j
any law to the contrary notwithftanding ; and at the time of
fuch fettlement, the Comptroller General fhall deliver to the
Treafurer all bonds and other official papers, taking his receipt
for the fame,

[This A6t pa£ted June 18, 1791.]

An ACT to incorporate the Plantation of Wale!, ill
' the County of Lincoln^ into a Town by the Name
ot Mo7wioiith.

^ jyE it enaEled-by the Senate and Houfe of Reprefentd'

' * * ■*-' .tiveS) in General Couj't a/Jl'mbledf and by the author"

' ity of the fame, That the following delcribed traft of land viz.

Boundaries. Beginning at the fouth-eafterly corner of Winthrop on the
weil fide of CobbifacotJtee Great Pond ; thence running fouth-
fouth-weft fix miles to a large heap of ftones erected for a
corner •, thence weft-north-weft, about five miles to the wefter*
ly lii:c of the Plymouth Patent j thence northerly on the
ivefterly line of faid Patent, about fix miles, until it interfedls
a line running weft-north-weil: from the fouth-eafterly corner
of Winthrop aforefaid ; thence ealt-fouth-eaft, by the foutherly
line of Winthrop, to the firft mentioned bound, together with
the inhabitants thereon, be, and they hereby are incorporated
into a town by the name of Motimouth, and the faid town is
hereby invefted with all the powers, privileges and immuni-
ties, which other towns in this Commonwealth do or may
enjoy by law.
Daniel Cony, Sect. 2. And be it further enaBed by the authority aforefaidy
Efq to iffue That A^wrW Co/;j, Efquire, bC: and he is hereby empowered
his warrant. j^^^ requefted to ifllie his warrant, direded to fome fuitable

inhabitant

ALEWIVE FISHERY. January 30, An. 179!. 313

inhabitant of the faid Monmouth^ requiring him to warn the
inhabitants thereof to meet at fome conx'enient time and
place, to chooie all fuch officers as towns are by law required
to choofe in the month of March or April annually.
[This A£t pafTed January 20, 1792.3

An ACT to regulate the taking of Fifh called Ale- Additional
wives in the Town of MiJdleborough, in the County Ads ' j"V «,
of Plyjnoiith^ and for repealing a certain Law, made ^798, Jan. as,
for that Purpofe, in the Year ot our Lord One^''^*'
thonfand fcven hundred and forty-nine.

WHEREAS the laws already made for regulating the preamble,
taking fifh called Alewives, at the places called the
"Old Stone Ware and AJfaivomfet Brooky ill faid town, are found
inconvenient : For remedy whereof,

.'Sect. I. Be it enacted by the Senate and Houfe sf Repre-
fentativeSi in General Court ajfcmbled^ and by the authority of the
fatne, That from and after the pafilhg this Aft, it fliall and ^nh^^f^ftants t«
may be lawful for the inhabitants of faid town, annually to ^.'f " """^ P'"'.^'
farm or hir^? out the privilege cf taking faid fifli at the place ' ''^'^ ^^""^ ^'
called the Old Stone Ware, and at fuch place in AJfaivomfety in
faid town, as the inhabitants thereof ihall vote and order, to
fuch perfon or perfons as {hall appear to give moft for faid
privilege, four days in a week, at faid Stone Ware, viz. Tuef-
day, Wednefiavj Thurfday and Friday, and at AJfawo?nfet
Brook, three days in a week, viz. Monday, Tuefday and Wed-
nefday, beginning at midnight preceding Tuefday, 2nd end^
ing at midnight lucceeding Friday, at faid Stone Ware, znd at
midnight preceding Monday, and ending at midnight fucceed-
ing Wednefday, at faid Affaivo?nfet Brook ,- laid fiih to be taken
at faid Stone Wave, with koop-nets only ; and at faid AJJa-woTn*-
Jet Brook with fcoop-nets or fet-nets only.

Sect. 2. And be it further enacted by the authority aforefaid.
That the purchafers of faid privilege fhall not alk or receive Purchafef* of
for faid filh when taken, more than otic JJnlUng per hundred, ^'^^. privilege
and in that proportion for a greater or foaller q&antity ; and ""?'*^'^ '"^l^*
that the purchafers of faid privilege fliall be obliged to. fell
faid fifh at that rate, at all times when they fhall have any on
hand, v/hen applied to, upon the penalty o£ fve pounds, to be
recovered, by a<^tion of debt, in any Court proper to try the
fame, folr each negleft or refufal ; one moiety thereof to th«
ufe of the poor of the faid town, and the other moiety to the
ufe of any perfon who fliall profecute for the fime ; and it fhali
be the duty of the inhabitants of faid town, annually, to pro*

vide

Vol. L i2....Q

314 ALEWIVE FISHERY. >«f/5r/ 30, An. 1792,

vide for fuch of the poor inhabitants thereof, as fhall be un-
able to procure them for themfelves, fuch quantities of faid
fifti as fliall be thought neceffary, who Ihall receive the fame
gratis ; and in order thereto,
Committee to Sect. 3. Be it further enaSledy That faid inhabitants fliall
be annually choofe a Committee of nine difcreet judicious men, one in
shofen. ^^^j^ Conftable's diftria: in faid town, in the fall of the year

annually, who ihall report to the Overfeers of the Poor of faid
town, previous to the enfuiiig fpring, the number and names
of fuch poor inhabitants, the number, in each family, and their
iXutyof Over- Situation ; and it fliall be the duty of fuch Overfeers to ap-
feers. portion to every fuch family, fuch quantity of faid fifli as they

in their difcretion fliall think neceffar)'-, and fhall draw their
orders on the purchafers of faid privilege for the fame, which
orders fhall be taken and received by faid purchafers, equal
to money, and fliall be received of them by the Treafurer of
faid town equal to money, in difcharge of the purchafe money
of the privilege aforefaid.
Penalty for Sect. 4. And be it further enaBed^ That any perfon who
breach of this fli^all prefume to take any of the faid fifli in any other way, at
^^' any other time, or any other place in faid river or brook, or

any parts or dependencies thereof, than thofe prefcribed by
this A<rt, every perfon concerned therein, fliall forfeit and pay
for each offence the fum of forty fiyilU7igs\ to be recovered by
aftion of debt in any Court proper to try the fame, one moiety
thereof to the Treafurer of faid town, for the ufe of the poor
thereof, and the other moiety to the party who fliall fue
therefor.

Sect. i^. And he it further euaBed by the authority aforefaidf
y .r. That the fcoop-net, or other inilrument, by which any perfon

fliall take, or attempt to take any of faid fifli, contrary to the
true intent and ineaning of this A£l, Ihall be forfeit, and any
other perfon fliall have liberty to feize and fecure the fame to
his own ufe ; and if faid fcoop-net or other inftrument, for-
feited as aforefaid, Ihall be carried away, concealed or with-
held, fo tliat the party attempting cannot take or come at the
fame, f.iid party fo attempting to take laid inftrument may
fue for and recover the value thereof in a fpecial action of the
cafe, before any Court having proper jurifdi£lion thereof,
agninft the owner or polTeffor thereof to his own ufe.
Sarpklous per- <Sect. 6. A/id be it further enacted^ That if any perfon
Ions examined, fliall be found near faid river or brook, or going from thence,
with any quantity of faid fifli, exceeding flxty in number,
which arc fulpedted to have been taken in violation of this
A£l, it fliall be the duty of every perfon who fliall then fuf-
pe£t faid iifli to have been taken illicitly, to examine the

pofleffbr

ALEWIVE FISHERY. January 30, An. 1792. 315

pofleflbr thereof, refpectlng the means of his procuring them,

and if he cannot make it appear that he came by them legally,

he fhall forfeit the whole of faid fifli that he fhall fo be pof-

feiTed of, to be recovered in the fame way and manner as fcoop-

nets and other inftruments are recovered, as provided in this

Aft, and be fubjeft to the penalty oi forty fiillmgs for taking ^°''^^'^!r" '?

fifh contrary thereto, to be recovered in the fame way as is ^^ ^

herein before provided in that particular •, and to prevent

difficulty, and unneceffary expenfe to perfons purchafing faid

fifh, it Ihall be the duty of the Clerk of, or fome one of the

purchafers of faid privilege to give a certificate under liis jj^^""*^*^"^" [^

hand, to all perfons who purchafe any quantity of faid filh, purchafers of

exceeding fixty in number, of the time when, and the place fifli.

where, and the quantity purchafed, and his producing faid

certificate fhall be evidence of his obtaining faid fifli legally.

Sect. 7. And be it further enacled by the authority aforejnidy
That if any children or fervants fhall offend againft this A£t, Minors or
unlefs their parents, mafters or guardians, or fome other per- 'f'^^?"'^'; ,^°1^
fon in their behalf fliall pay the penalty fet againft fuch ^.^^^ ^^ offence.
offenders within twelve hours after notice being given them
of fuch offence, fuch children or fervants fliall be proceeded
againft by complaint before any Jufiice of the Peace, in and
for faid county, and upon conviction thereof, fhall be com-
mitted to the houfe of correction, there to remain not lefs
than five, nor more than twenty days, according to the nature
of faid ofi'ence, in the judgment and at the difcretion of the
Court or Juflice, before which faid conviftion may be had.

Sect. 8. And be it further eiuiEled by the authority aforefaidy
That all perfons not otherwife difqualified, fliall be confidered Legalwitneffes*
and taken to be competent and legal witnefles, in any profe-
cution upon this A6t, they being inhabitants, of faid town of
Middleboroughy notwithflanding.

Sect. 9. And be it further enacted by the authority aforefaidy ^^ repealed
That an Aft paffed in the year of our Lord feventeen hun- The aa of
dred and forty-nine, entitled, " An A61 to prevent the un- 1749 revived
neceffary deftruclion of Ale wives in the town of Middle- '^''^''}''^^^^^\-

1 / » 1- J 1 u • 1 J petual, March

boroughy be, and hereby is repealed. 7^ ^i^i- A-

Sect. I o. Provided neverthelefsy That no claufe in this A£t gain repealed
fhall extend to, or be confidered lb as to affed an AcSt paffed J""^ ^^'1''^"^
in the year of our Lord feventeen hundred and lixty-fourj 17 6^4 made pcr-
entitled, " An Ai\ in addition to an Aft, entitled, an Aft to petual, March
prevent the unnecelfary deftruftion of Alewives in tlie tovni 7> i797'
of Middleboroiighy

[This Aft paffed January 30, 1792.]

3i6 SIDNEY INCORPORATED. Jan, 30, An. 1792.

^n ACT to incorporate the wefterly Part of the
Town of Vaffalborough^ in the County of L'mcolny
with the Inhabitants thereof, into a Town by the
Name of Sidney.

% cT T^^ *"' etia^ed by the Senate and. Houfe. of Repre-^

■^ fentatives, in General Court afflvibledy and by
the authority of the fame ^ That all the land and water lyii:ig oa
the wefl fide of Kenneheck river, in the town of Vdjfalboroiighy,
Bouawis*. and bounded as followeth, viz. Beginning at faid Kennebeck
river, on the wefterly Ude thereof, and in the line between,
the towns of TVinfow and Vnjfalborough aforefaid ; thence,
running weft-aiorth'Weft, five miles to the north-wefterly cor-
ner of faid Vajfalborotigh ; thence foutherly about eight miles on,
,4 iliraight courfe to the north-wefterly corner of the town of
Halloivell : thence eaft fouth-eaft, five miles on the north-
erly line of faid Halloivell to Kennebeck river ; thence north-
erly on the wefterly fide of faid river, and bounded by tho
fame, to the firft mentioned bounds, with all the inhabitants
thereon, be, and hereby are incorporated into a feparate town,
by the name of Sidney^ with all the powers, privileges and
immunities, that other towns within this Commonwealth do
or may by law enjoy.

Sect. 2. ./Ind be it further enaBed by the authority aforefaid^,
Io^^Ik S?*** '^^^^ ^^^ inhabitants of the faid town of Sidney fliall be fubjedt
be paid. ^ ' ^ *^ V^l ^^ taxes heretofore affefled upon them, while they be-
longed to the faid town of Vajfalborough^ in the fam.e manner
as though this Aft had not been pafled ; and fliall alfo be
fubjeft to pay their proportionable part of all debts due from
faid town of Vajfalbcrongh^ at the time of their feparation, and
alfo ihall be entitled to receive their proportionable part of all
the public landsj and of all other public property that did be-
long to the town of Vofjalborough^ at the time of their fepara-
tion ; fuch proportion or dividend to be made in equal moieties
to each town refpecHvely.

Sect.. 3. Atid be it further enacled by the authority aforefaid y
Banid Co?,:', fi-i^jt: Daniel Cony-> Efquire, be, and he is hereby authorized
iiis^vaiTdiit '^^ ^^'^ empowered, to ilTue his warrant to fome fuitable inhabit-
ant of faid town of Sidney., requiring him to notify and warn
th^' inhabitants thereof to meet at fome convenient time and
place in faid town, to choofe all fuch town officers as other
towns are required by law to choofe in the months of Alarch
or jipril annurlly.

[This Acl pafled January 30, 1 792.]

MERRIMACK R. BRIDGE. Feb. u An. 1792. 317

An ACT for incorporating certain Perfons for the AdditionaUA,
Purpofe of building a Bridge over Merrimack River ^^^' *^' *796-
at Patucket Falls, between the Towns of Chelmsford
and Draciit, in the County of Middle/ex, and for
fupporting the fame.

WHEREAS the ere^Ing a bridge over the fald river, at p„j„bU.
the faid falls, will be of great utility ; and Parker
Varnnniy Efquire, and others, have petitioned this Court for
an Aft of incorporation, to empower them to build the faid
bridge ; and many perfons, in expectation of fuch an A6t,
have fubfcribed to a fund for the purpofe of erecting and
completing the fame :

Sect. i. Be it therefore enaEled hy the Senate and Houfe of
ReprefetitativeS) in General Court affemhledy and by the authority of
the fame, That Parker Varnum, fames Varnum, Thomas R.itjfdl, Proprietors i»-
jfonathan Simpfon, Lewis de Marefquelle, Jofeph Bradley Vartiiwi, corporated.
Loammi Baldnvin, William Blanchardy Elquires, Meffieurs Sol-
emoti Aiken, Samuel Cotton, William Hildreth, jun. fephtha
Spaulding, fofiah Fletcher, jun. Peter Cchtirn, jun. Bradley Var-
nnm, Jonathan Varnum, Benjatnin French, Nathan Tyler, Fliakim
Wood, Daniel Coburn, Alofes B. Cobiirn, Afa Richardfon, Oliver
Whiting, jun. Joel Spaulding, John Ford, Jonathan P. Pcllard,
Thomas Beals, and Ebenezer Hall, together with all thofe who
are^or ihall become proprietors to the fund to be raifed for
that purpofe, fo long as they fhall continue to be proprietors
therein, or of the faid bridge, fliall be a corporation and body
politic, under the name of the Proprietors of the Middlefcx
Jllerrimack River Bridge, and by that name may fue and pro- — cmpowersi,
fecute and be fued and profecuted to final judgment and exe-
cution, and do and fufFer all other matters and things which
bodies politic may or ought to do and fufFer ; and that the
faid corporation fhall and may have full power and authority
to make, have and ufe a common feal, and the fume to break
and alter at pleafure.

Sect. 2. Afid be it further enaEled, That the faid proprietors —authorized

or any five of them may, by advertifement in the Independent t" call meeu

Chronicle, printed by Thomas Adams, call a meeting of the ^"S**

faid proprietors, to be holden at any fuitable time and place,

after ten days from the publication of faid advertifement ; and

the faid proprietors, by a vote of the majority of thofe prefent

or reprel'entod at faid meeting, (accounting and allowing a

vote to each fingle fhare in all cafes,) Ihall choofe a Clerk, wlio Proprietors au-

fhall be duly fworn to the faithful difchargc of his office, and thoriiicd to call

alfb fhall agree on a method for calline: future meetings ; and ^ '"«^'>ng: for

, - o ^ , r • 1 10, purpoks men-

at tlie lame or any fubfequent meetmg may make ana eftab- tioncd, with a

^ifli auy rules and regulations that fhall be neceflary and

convenient

3i8 , MERRIMACK R. BRIDGE. Feb. i. An. 179a.

convenient for regulating the faid corporation, for effecting,
completing and executing the purpofes aforefaid, or for col-
ledting the toll hereafter granted ; and the fame rules and
regulations may caufe to be kept and executed, or for the
breach thereof may order and enjoin fines and penalties, not

Provifo. exceeding forty /hillings : Provided, fuch rules and regulations

are not repugnant to the laws of this Commonwealth : And
the faid proprietors may alfo choofe and appoint any other
officer or officers of the corporation that they may deem ne-
celTary ; and all reprefentations at the faid meeting fliall be
proved in writing, figned by the perfon making the fame, by
fpecial appointment, which fhall be filed with or recorded by
the Clerk j and this Ad, and all rules, regulations and votes
of the fiud corporation fhall be fairly and truly recorded by
the faid Clerk, in a book or books, provided and kept for that
purpofe.

Sect. 3. ^fid ii is further enaBed, That for the purpofe of

Toll ellablifti- reimburfing the faid proprietors the monies by them expended
or to be expended in building and fupporting the faid bridge,
a toll be, and is hereby granted and eftablifhed for the fole
benefit of the faid proprietors, according to the rates follow-
ing, viz. For each foot pafTenger two-thirds of one penny ,- for

— - rates of. ^^Lch perfon and horfe twopence ,- for each horfe and chaife, or
fulkey,y?x pence ; for each cart, waggon, fley or fled, drawn
by two beaftsj^x pence ,- for each cart, fley or fled, drawn by
one horfe, four pence ; for each coach, chariot or phaeton one
fhilling ; for each waggon, cart or fled, or other carriage of
burthen, drawn by three or more cattle, nine pence ; for neat
cattle or horfes exclufive of thofe rode or in carriages, one
penny each ; for flieep and fwine, at the rate of^^; pence for
each dozen \ and to each team one perfon and no more ftiall
be allowed as a driver, to pafs free of toll ; and at all times
when the toll-gatherer fhall not attend his duty, the gate or
gates fliall be left open ; and the faid toll fliall commence on
the day of the opening of the faid bridge for paflengers, and
fhall continue to the faid proprietors, their heirs and afligns
forever.

Sect. 4. Provided neverthelefs, and be it further enaEtedy

provifo. That from and after fifty years from the paffing this A6t, it

fhall be in the power of the Legiflature to alter and eft:ablifli
the rates of toll for paffing the faid bridge, from time to time, as
they may think neceflary : And, in order to apportion the faid
toll to the expenfe of fupporting and keeping the faid bridge
in good repair, the receiver of the faid toll for the time being,
after the expiration of the faid fifty years, fhall, from time to
time, when thereto directed by the General Court, lay before
the faid Court a true account, upon oath, of the amount of the
^oll received by him for fuch period of time as fliall be direct-
ed

TAUNTON SLITTING-MILL. Feb. 6, An. 1792* 319

ed by the Leglflature, upon the penalty of three hundred pounds)
to be recovered by information or indidlment in any court
proper to try the fame, for the ufe of the Commonwealth,
with cofts of fuit.

' Sect. 5. Atid be it further enacfed by the authority aforcfaidy
That the General Court may, at any time hereafter, authorize The right to
the digging and making of any canal or canals on the banks i^e^reafter""re!
of the faid river, on the fhore near the fame, where the faid fe.ved to gov-
bridge is to be erefted, the making a convenient paffiige for emment.
boats and rafts in the faid river, by removing any obftrudlions
therein, and by conftrufting locks or otherwife as they fhall
judge proper ; any thing in this A£l fuppofed to be to the
contrary notwithftanding.

Sect. 6. And be it further enatled by the authority aforefaid^
That the faid bridge fhall be well built with fuitable materials, Manner in
at leaft twenty-eight feet wide, and well covered with planks, which faid
with fufficient rails on each fide, and boarded up eighteen hridfre is to
inches high from the floor of faid bridge, for the fafety of paf- "* **
fengers travelling thereon ; and the fame fhall be kept in
good, fafe and palTable repair, at all times ; and alfo at the
place where the toll fhall be received, there Ihall be ereded
and conftantly expofed to open view, a fign or board with the
rates of toll, of all the tollable articles, fairly and legibly writ-
ten thereon, in large or capital letters.

Sect. 7. And be it further etia^ed. That if the faid propri-
etors fliall negle^l or refufe, for the fpace of three years after :^^ V^ ^^ "^^^^
the palling this Act, to build and complete the faid bridge,
then this A£t fhall be void and of no effe^l.

[This A(ft pafled February I, 1792.]

An ACT granting certain Privileges to the Proprie-
tors of the lower or new Slitting-Mill, {landing on
Mill-Ri-ver, in the Town of Taunton, in the County
of Brijiol.

TiE it enaEled by the Senate and Houfe of Reprefentatives^ in
•*-^ General Court ajfembled, and by the authority of the fame.
That the Committee which may be annually chofen by the in-
habitants of the town of Taunton aforefaid, whofe bufinefs it is
to fee the fifh Act, fo called, put in execution, are hereby em-
powered and direfted to notify one or more of the proprietors
of faid flitting-mill, that they may flop the water, and make
ufe of the fame, three days in each and every week, in the
months of April and May annually, for the purpofe only of
flitting nail-rods ; which days the aforefaid Committee are to
appoint, and to give feafonable notice to the proprietors, as
aforefaid j any law to the contrary notwithftanding.
(This A^ pafled February 6, 1 792*^

^2# EASTON CONGRE. SOCIETY. Feb, 7, 1792.

An ACT to cftablifli and incorporate a Religious
Society in the Town of Eajion^ in the County of
Brijiol, by the Name of the Congregational Parifli
in Eq/ion*

Sect Ti^ ^^ enaFted by the SenaU and Houfe of Rept'i"

■f^ feniativesy in General Court ajfcmbled, and by the
authority oftkefame^ Tliat all inhabitants of the town of EaQort^
n.i:-;-,.. r-,,- i^ the county oi Briftoly who now ufually attend, and who Ihall
«ty incorporat- hereafter ulualiy attend pubhc worlhip, with the Congregation*
•i al Society of the town of Eajlon, of which the Rev. William

Reed is the prefent minifter, and who fliall caufe their names
to be entered and regiftered, with the Clerk of fuch fociety,
or other perfon or perfons, who fhall be by fuch fociety, as
hereinafter provided, appointed and authorized for that pur-
pofe, fhall be, and hereby are eftablifhed, denominated and
made a Corporation, Body Politic and Religious Society, by
the name and ftyle of the Congregational Parifh in Eajlouy
and fhall have power as fuch, to hold meetings, appoint
officers, grant, vote, levy and collect taxes, and to do, and tranfl
adl: all other matters and things, which parifhes within this
Commonwealth may ufually do, and tranfa<5t, for the fupport
of the minifter or minifters, teacher or teachers of religion and
morality for the faid parilh and congregation, and to maintain
the public worfliip of God within the fald town of Eajlon ;
and alfo to do all other matters and things, which the faid cor-
poration are hereinafter more efpecially empowered to dot
And any perfon or perfons, ufually attending public worfhip,
and whofe name or names Ihall be entered as aforefaid, fhall
be underftood and held to be members of the faid parifh and
corporation, and to be liable to all taxes duly voted thereby,
and in all other refpecls as a parifliioner or parifliioners there.
Until he, fhe or they fhall fignify in Writing to the Clerk of Jthe
faid parifh, for the time being, his, her. or their intention to
attend public worfhip with fome other religious fociety, and
fhall adlually difcontinue their attendance on public worfhip
with faid fociety.

Sect. 2. And he it further enaEied^ That all monies, public

Property veft- fecurities, credits, and other perfonal eftate of every kind, and

•d in the focie- all lands, tenements and hereditaments, now holden by the faid

*5^* fociety, or by any perfon or perfons in trufh for them, or to

their ufe, and being the property and right of the faid fociety,

for the purpofes aforefaid, lliall be, and are hereby vefled in

the faid Congregational Parifli in the town of Eajhn, by them

to be holden, improved and managed in their laid corporate

capacity, and for the fupport of a public teacher or teachers,

and tlie maintenance of the public worfhip of God as aforefaid.

And the f^tid parifli, in their laid corporate capacity, are here-

EASrON CONGRE. SOCIETY. F^^.7, An. 1792. 321

by authorized and enabled to receive, purchafe, take and hold
for the purpofes aforefaid, and in like manner to manage any
lands, tenements, goods, monies and credits, fo that the whole
annual income, to which the faid Parifh fliall be entitled, and
which they fliall be capable of holding and managing as afore-
faid, fhall not at any one time exceed the fum of one hundred
a ndffty pounds.

Sect. .3. Provided neverthelcfs, and be it further enaHedy
That until the annual income of the ftock and eftate of the Provifo.
faid Parifib, now holden, or which fliall hereafter belong to
them, Ihall in their judgment, and according to their lawful
agreements, be fuJEcient to fupport a public teacher as afore-
faid, for the faid Parifli, no part of fuch income ftiall be by
the faid Pariili applied, or in any wife appropriated or ufed for
any other purpcfe, than to Increafe the principal fiu)d and ef"
tate.

Sect. 4. And be it further ennBed, That the Rev. William
Reedy together with Mntthciv Hayiuard, Jhicl Mitchell S^zmueJ'^'^^'^^^'^ *P*
Guild, Abi/ba Leach, and Elijah ' Hoivard, (hall be, and they P"'"'^"^*
hereby are appointed and authorized as Truftees of the fiid
Pariflx, to receive, take and hold in truft, for the faid Parifii,
and to manage for the purpofev. nforeiaid, until other Truftees
llaall be duly appointed in their ftead, all and lingular the
grants, donations and eftates, wliether real or perfonal, to which
the faid Parilh are, or Ihall be, during the continuance in office
of the faid Truftees, entitled.

Sect. 5. And he it further enabled, That the faid Parifli

Ihiall annually, fome time in the month oi April, zt a legal meet- appoints^

ing of the parifliioners to be then holden within the faid town anjiually.
of Eaflon, and at the common meeting-houfe of the faid Parifli,
if any there be, appoint and authorize live meet perfons of the
faid parilhioners, as Truftees, who, being duly fworn before a
Juftice of the Peace to the faithful difcharge of their truft, ac-
cording to their beft ability, fhall be, together with the minif-
ter of the faid Parifli, for the time being, if any, the Truftees
of the faid Parifli, and fuccelfors of the faid Truftees herein
before appointed •, and fliall have authority, and fliall require,
receive, take, hold and manage, for the faid Parifli, in truft and Truftcci em.
ifor the purpofes aforefaid, all and Angular the faid monies, do- P^'^^^""*
nations, purchafes, and all other the eftate, both real and perfon-
al of the fiid Parilh : And the fiid Truftees, as well thofe
herein appointed, as thofe who fliall be appointed and autho-
rized in manner as aforefiid, fliall have power to let to intercft,
upon public or private credit, as to them fliall feem beft, and
from time to time to call in, demand and recover any monies be-
longing, or which Ihall belong to the faid Parifli as aforei'ald ;
and alfo to let to fai'm, and otherivifc in their dlfcretion, to im-
prove
Vol. I. 2....R

34 HAWLEY INCORPORATED. Feb. 7, An. 1792.

prove and manage all other the eftate of the faid Parifli, wheth-
er real or perlbnal, which fhall be by the faid Truftees received
as aforefaid, and Ihall be allowed all realbnable difburfements,
expenfes and loffes which {hall and may unavoidably or reafon-
ably happen and arife in the due execution and performance of
their faid truft. And the faid Trultecs ihall, at their annual
— — annually meeting aforefaid, lay before the faid Parilli a full ftatement in
to exhibit their writing, of all and lingular the monies, effe^ls, credits and ef-
accounts. ^^^^ ^f ^j^^ ^^jj Parifh, in the hands of the faid Truftees, and

of all difburfements, expenfes and loffes, which fliall have hap-
pened or arifen, in the execution of their faid truft : And no
fale of any land, or other real eftate, belonging to the faid Par-
ifli, and no purchai'e of any real eftate, to be made by any
monies, or received in exchange, unlefs upon mortgage for
monies lent, being a collateral fecurity, fliall be valid and effec-
tual to pafs or hold fuch lands or tenements, unlefs fuch fale or
purchafe fhall be ordered, made or accepted by the vote and
agreement of the faid Parifli, at a legal meeting, to be called and
holden for that purpofe, and with the confent and concurrence
of a majority of the faid Truftees, for the time being.

Sect. 6. And he it further enacledy That the firft meeting

Apollos Leon- of the faid Parilh, for the choice of Truftees and other

Ki, Efq. to if- Parifh officers, as aforefaid, fhall be called by a warrant, to be

fue warrant, j^-^^^ ^^ j^^j^^^ Leonard, Efquire, and (iiall be holden within

the faid town of Eajlon^ fome time ia the month of April next ;

and all future meetings of the faid Parilli fhall be called by the

faid Truftees ; and at the annual meeting for the choice of

Truftees as aforelaid, all other Parifh officers fhall be chofen.

[This Acft paiTed February 7, 1 792.]

An ACT to incorporate the Plantation of Number

uS'^Tlm- ^^'^^^' ^^ ^^^^^^' ^^ ^^^ County of Hampfoire, into
a Town by the Name of Hawley,

<j nE it enacred by the Senate and Houfe of ReprefentO'*

•*-* tiveSi in General Court ajfembled, and by the au-
thority of the fame y That the aforefaid plantation, bounded north
. on Charlemontf eaft partly on Bwek/and, and partly ou Afhfieldy
porated. fouth ou Piainfic'J, and weft on the county ol Berlflnre^ be, and

hereby is incorporated into a town" by the name of Haivley,
with all the powers, privileges and immunities that toums with-
in tiiis Comm(»nwealth have or do enjoy.

Sect. 2. And he it enal^ed by the authority aforefaid^ That

David Sexton f Efquire, be, and hereby is empowered to ifTue

David Sexton, j^j^ wnrrant, directed to feme principal inhabitant of the town

•warrant. of Hazc/ey, requiring him to notify the inhabitants of the faid

town, qualified as the law directs, to uxTemble and meet at feme

fuitable

FRYEBURG ACADEMY. Feb, 7, An. 1792. 343

fuitable time and place in faid town, and choofe fuch officer or
officers as towns by law are empowered to choofe, at their an-
nual meeting in the month of March or April.

[This A€t '^i^Qd. February 7,1792.]

An ACT for eftablilhing an Academy in the Town of

Fryeburg, by the Name of Fryeburg Academy.

WHEREAS it appears that fundry well-difpofed perfons
have erecled a convenient building in F-ryeburg, in *'

the county of Tork, and appropriated it to the ufe of an Acad-
emy •, to effect Avhich generous defign more fully, it is necefTa-
ry to eftablilh a body politic :

Sect, i . Be it therefore enaBed by the Senate and Houfc of Rep"
refefitativeSi in General Court affembled, and by the authority of the
fame, That there be, and hereby is eftablifhed, in the town of Academy efta-
Fryeburgj in the County of Tork, an Academy, by the name of °^'^^^-
Fryeburg Academy, for the p].irpofe of promoting piety, relig-
ion and morality, and for the education of youth in fuch lan-
guages, and fuch of the liberal arts and fciences as the Truftees
fiaall direct ; and that the Rev. WiUia7n Fe^endon, of Fryeburg,
the Rev. Nathaniel Porter, of Cotiivay, in the State or New-
Hampfnre, Henry Tciing Broivny Efq. of Broiunfeld, David
Page, Efq. of Conway, Mofes Ames, of Fryeburg, James Ofgoody
of Fryeburg, James Ofgood, of Co7Jway, Simon Frye, Efq. of Frye-
burg, and Paul Langdon, of Bronvnfield, the prefent Preceptor of
faid Academy, be, and they hereby are, nominated and appoint-
ed Truftees of faid Academy, and they are hereby incorporat-
ed into a body politic, by the name of the Trufees of Fryeburg
Academy ; and they and their fucceflbrs ihall be^and continue
a body politic by the fame name forever.

Sect. 2. And be it farther enaEied, That the faid Acade-
my be endowed with twelve thoufand acres of land of the un- Lan*!*. *«.
appropriated lands in the county of Torh, to be laid out by the fonfinned ""»
Committee for the lale of eaftern lands, and to be located in the faid Trof-
one or two places ; and that all the lands and monies hereto- tees»
fore given or fubfcribed, or which, for the purpofe aforefaid,
fliall be hereafter given, granted and affigned unto the faid
Truftees, (hall be confirmed to the faid Truftees, and their
fucceflbrs in that truft forever, for the ules which in fuch in-
ftruments {hall be exprefled : And they the faid Truftees.
Ihall be further capable of having, holding and taking m fee-
fimple, by gift, grant, devife or otherv.afe, any lands, tene-
ments, or other eftace, real or perfonal : Provided the annual PioviC».
income of the fame fhall not exceed one thoufand pounds ; and
fliall apply the rents, iffues and profits thereof in fuch a man-
ner as that the delign of the inftitution of the Academy may
b« moft effectually promoted^t •

Sect*

324 FRYEBURG ACz\DKMY. Feb. g. An. 1792.

Sect. 3. Be it further enaFted.^ That the faid Truftees fliali'
Truftees em- have full power, from time to time, as they lliall determine, to
powered in cer- gje£)- f^ch oflicers of the faid Academy as they Ihall judge ne-
celTary and convenient, and fix the tenures of their refpedtive
offices : to remove any Truftee from the Corporation when,
in their opinion, he fliall be incapable, through age or other-,
wife, of difcharging the duties of his oflice : to fdl all vacan-
cies, by eledking fuch perfons for Truftees as they fliall judge
beft : to determine-the times and places of their meetings;
the manner of notifying the faid Truftees ; the method of
ele£ling or removing 'rruftces : to afcertain the powers and
duties of their feveral officers : to clcdt Preceptors and U fliers
of faid Academy : to determine the duties and tenures of their
offices : to ordain reafonable rules, orders and by-laws, not
repugnant to the laws of this Commonwealth, with reafonable
penalties, for the good government of the Academy, and af-
certaining the qualifications of ftudents requillte to their ad-
miffion ; and the fame rules, orders or bye-laws at their plea-
fure to repeal.

Sect. 4. Be it further enabled. That the Truftees of faid

— Co have a Academy may have one common feal, which they may change
f^^l- at pleafure ; and that all the deeds figned and delivered by the

Treafurer or Secretary of faid Truftees, by their order, and
fealed with their feal, fliall, when made in their name, be con-
fidered as their deed, and as fuch to be duly executed and va-
lid in law ; and that the Truftees of faid Academy may fue
and be fued in all adlions, real, perfonal or mixed, and profe-
cute and defend the fame to final judgment and execution, by
the name of the Trtfiees of Frychurg Academy.

Sect. 5. Be it further efiacled, That the numbe? of faid

~-, number of, Truftees and their fucceflbrs fliall not, at any one time, ba

limited. more than thirteen, nor lefs than nine, feven of whom fliall

conftitute a quorum for tranfacling buflnefs ; and a majority

— to conftitute of members prefent, at a legal meeting, flaall decide all quef-
a quorum. tions proper to come before the Truftees : tliat a major part

fliall be laymen and refpeclable freeholders : alfo that a major

part fliall confift of men v^^ho are not inhabitants of the town

v/here the feminary is fltuated.

Sect. 6. Be it further cnaBcd, That if it fliall hereafter

Truftees em- Ije judged, upon mature and impartial- confideration of all cir-

powered to re- cumftances, by two-thirds of the Truftees, that for good and

""'"'^*'^'^ r-'^^'"fubftant!al reafons, which at this time do not exift, the true
aary in cafe, _ . „■ • -,111 j i

defign of this inftitution v\riJl be better promoted by removing

the feminary from the place where it is founded j in that cafe>
it fliall be in the power of the faid Truftees to remove it ac-
cordingly, and to eftablilh it in fuch other place within die
county of Tork., a« they fliall judge to be beft calculated for
carrying into eifedual execution the intention of the founders.

Sect.

LIMINGTONINCORPORA., &c. Feb. g. An. iyg2. 525

Sect. 7. Be it further cnnHcd, That Simon Frye, Efq. be slmon, Frye,
and he hereby is authorized to fix the time and place for hold- Efq. authorized,
jng the firft meeting of the faid TrufteeSj and to notify them
thereof.

[This A£t pafTed February 9, 1792.]

An ACT to incorporate the Plantation called Offipce,
in the County of Tork^ into a Town by the Name
of Limington.

q D-E it enacted by the Senate and Houfe of Reprefenta^

^ fives f ill General Court ajjembledy and by the authority

cfthefaine^ That the tradl of land, bounded as followeth, viz. Limi'n-ton in-

Beginning at Saco river, at the north-eaft corner of the planta- corporatcd,

. ° ^ 9, .„ 7 1 • 1 r -J • -^ with bounda-

tion of hrancijhorough ; thence runnmg down laid river as it j.^^^

runs, to the place where the river called Little-OJfipee falls in-
to faid Saco river ; thence running up faid Little-OJfipee river,
to the line of the town of Limeric ; thence north, twenty-two
end an half degrees weft, five miles and one quarter, to the
north-eafterly corner of faid town of Limeric ; thence north,
twenty-five degrees eafl", to the fouth-weft corner of a lot of
land, containing about fix hundred acres, formerly granted to
Theophihis Bradbury^ Efquire ; thence north to the place of be-
ginning at Saco river; together with the inhabitants thereon,,
be, and they are hereby incorporated into a town by the name
of Limington ,- and the inhabitants of faid town arc hereby in-
vefted with all the powers, privileges and immunities, wjiich
the inhabitants of towns within this Commonwealth do or
may by law enjoy.

.Sect; 2. Jnd he if furtl.^er enaBed, That Joftah Thacher,
Efciuire, is hereby authorized and empowered to iiTuc his war- M^^*^. '^^^^'
rant, directed to fome fuitable inhabitant oi: the laid town or ^ ^varrant.
Limington^ directing him to notify the inhabitants of fi^id
town, qualified to vote in town affairs, to meet at fuch time
and place as he fliall appoint, to choofe fuch officers as other
towns are empowered to choofe at their annual meetings in
the month of March or April annually.

[This- Aft ^?L&d February 9, 1 792.]

An ACT in addition to an Acl, made and palied the
Twenty-firft Day of June, in the Year of our Lord
One thoufand feven hundred and eighty-fcven,
entitled, " An AcT to divide the Tov/n of Greenwich
into two Pariflies."

WHEREAS in and by the faid AcT:, it is enafted, that p^.^^^^^,^
fuch inhabitants of the laid town as were not: petition-
ers for the divifion thereof, and were included in ihe iouth
Parifli in the faid town, lliould be at liberty to belong to the

north

326 ALEWIVES. fV^. 24, An. 1792.

northParifli, together with their eftates in the faid town. Provi-
ded, fuch inhabitants fhould lodge their nanaes in the Secretary's
office, with a certificate of their defire to belong to the faid
jiorth Parifh, within a time limited by the faid A£t -, which
condition was complied with by the afore-defcribed inhab-
"^ itants ; and whereas doubts have arifen whether the faid
eftates will not revert to the faid fouth Parifti, when thofe
perfons who returned their names as aforefaid Ihdll ceafe t«
occupy fuch eftates :

Sect, i . Be it enaBed by the Senate and Houfe of Reprefenta*

tives, in General Court affer.ibledi and by the authority of the famCy

What inhabit- That from and after the paffing this AcV, the feveral real

ants may be n ^ within the faid town, which were occupied by the

held as bcloiio;- *-'^ ^ , . rii- .i- -.i

ing to the north aforefaid mhabitants, at the time of lodgmg their names in tlie
parifh. Secretary's office as aforefaid, with the prefent and future oc-

cupants thereof, together with the perfonal eftates of fuch
prefent and future occupants in the faid town, fhall forever
hereafter be confidered and held to belong to the faid north
Parifh, in as full and ample a manner as if the faid inhabitants
had been included in the faid north Parifh, by the dividing
line between the faid Pariffies :
p ^ Sect. 2. Provided neverthelefs. That if any of the prefent

owners and occupants of any of the eftates aforefaid fhall, on
or before the firft day of June next, return his or her name
to the Secretary's office, certifying his or her defire of be-
longing unto the fouth Parifh in faid town, he or fhe fhall be
confidered as belonging to the fouth Parifh, with his or her
eftate, with the future occupiers of the fame, there to do duty
and receive privileges.

[This Aft pafTed February 22, 1792.]

An ACT for regulating the taking the Fifh called
Alewives, in their PafTage up Indian Head River, fo
called, between the Towns of Pembroke and Hanover^
m the County of Plymouth, into a Pond in faid
Town of Pembroke, known by the Name of Indian
Head Pond.
„ jyE it enaBed by the Senate and Houfe of Reprefenta*

'. XJ tlves, in General Court afcmbled, and by the authority
ofthefatnr, That there fliall be fluice-ways made and opened
"*»£ropTnei^ ° through, or pafTage-ways made round all and each of the dams
ftanding on, or acrofs the river aforefaid, ftifficient in the judg-
ment of the major part of the committee or committees of the
aforefaid towns of Pembroke and Hanover, to be chofen as is
hereafter provided, for the pafThge of the faid fifh up the faid
river to the abovefaid Indian Head Pondy in the town of Pem-

ALEWIVES. iv^.22. An. 179a. 327

Sect. 2. And be if enaFied by the authority afore/aid j That _ ^t h
the owner or owners of the feveral dams that now are, or penfe of owner
hereafter may be eredted, on faid Indian Head River^ Ihall «f dams,
make and provide fuch fluice-ways or palTage ways as are by
this A(5l required to be opened and kept open from the tenth
day of April, to the twentieth day of May^ annually.

Sect. 3. And be it further enaBed by the authority aforefaidy
That if any owner or owners of any dams, that now are or Forfeiture *
hereafter may be ere^led on, or acrofs faid river, fliall refufe or cafe of negleft.
negledl to open and keep open fuch good and fufficient lluice-
way or paffage-way, for the term abovefaid, he fhall forfeit
and pay the fum of fifty pounds^ to be recovered by action of
debt in any court proper to try the fame j one moiety to him
or them, that fliall profecute and fue for the fame, and the
other moiety to the aforefaid towns of Pembroke and Hanover.

Sect. 4. And be it further enaEied^ That the towns of
Pembroke and Hanover^ at their refpeftive town-meetings, for Commitwe t«
the choice of town officers in the month of March or April ^^ ^^°^'^"'
annually, fliall choofe at leaft three perfons, freeholders in each
of faid towns, who fhall be a committee to carry this Adt into
eftedt, any four of whom fhall be a quorum, and fhall be fworn — fworn,
as other town officers are, to the faithful difcharge of the du-
ties of their office ; and if any perfon, chofen as aforefaid, and
accepting of the faid/truft, fhall negleft to take an oath as
aforefaid, within feven days from his being fo chofen, he fhall
forfeit and pay the fum of tenfhillings ; or being chofen and
fworn, if he fhall negleft to perform his duty, he Ihall forfeit
and pay the fum oifive pounds ; the faid forfeitures to be fued
for and recovered by the Treafurer of the town where fuch
offender belongs, for the ufe of fuch town.

Sect. 5. And be it further enacted. That any three of faid
committee fhall have full power and authority to open, or _ empo\verc<i.
caufe to be opened and kept open, fuch fluice or pafTage-ways, at
the expenfe of the owner or owners of any dam, or dams, that
now are, or hereafter may be eredled on, or acrofs faid flream
or river : Provided, faid owner or owners fhall refufe or neg- pjo^-r
left to open the fame by the tenth day of April annually :
And faid committee are hereby empowered to remove all and
every obftru£tion to the pafTage of faid filli up, 'or down faid
river, that may be in or acrofs the fame ; and if, for the
purpofes mentioned in this A£t, it fliall be necefTary for faid
committee, or either of them, to go on the land of any per-
fon or perfons, through which faid river runs, it fliall not be
deemed a trefpafs ; and if any perfon or perfons fliall hin-
der or molefl faid committee, or either of them, in the
execution of his or their office, the perfon fo offending
fhall forfeit and pay a fum not exceeding twenty JljUHn^s, nor

lef?

328 S. HOLMES, jun. SET OFF. Feb. 22, An. 179^^*

iefs than tcnJJjUHugs, to be fued for and recovered by and to
the ufe of the oflicer againfl whom the offence is committed ;
and faid committee Ihall not be Uuble to profecution for
any doings in the necelTary difcharge of the duties of their
office.

Sect. 6. And be it further enacled^ That the time when.

Time and plnce ^^^ J places where faid fifli {hall be taken in faid river, or any

mittees^ "th^^' ^I'^^ok or ftream difcharging into faid Indian Head River or

provilb.' Pond, fliall be agreed upon by, and be under the regulations

of the committees of the faid towns of Pembroke and Hanovery

or the major part of tl^em : Provided, the faid committee

Hiall not authorize the taking faid fifli m.ore than three days

in a week, in any of the places before mentioned ; and the

faid committees fliall pofl up notifications in two of the moft

public places in each of the faid towns of Pembroke and HaU'

over, fpecifying the times and places when and where faid

fifli fhall be taken, fix days at leaft before the faid tenth

day of April annually.

Sect. 7. Atid be it further enacted by the authority aforefaidy
Forfeiture in '^i^j^^j- if ^^y perfon or perfons fliail prefume to take any of
of this Ad;!^ faid fifh, on the river or ftreams aforefaid, in any other way
or manner than fuch as fliall be directed by the aforefaid
committee, or the major part of them, he fliall forfeit and pay
a funl not exceeding three pounds, nor Iefs thzn forty JJjillingSy
at the difcretion of the Juftice before whom the fame fhall
be tried ; one moiety to him that fliall profecute and fue for
the fame, and the other moiety to the ufe of faid towns of
Pembroke and Hanover.

Sect. 8. And be it further enaSfed, That no perfon Avail be

Being an in- difqualified frotii^being a witnefs, on any trial that may be had

}iabitant of ei- purfuant to this A6t, on account of his being an inhabitant of

thcr tovvti, no qj- belonging to either of the faid towns of Pembroke or Han-*

as Twi'tne^'''" over. And if any perfon or perfons fliall be found, having

faid fifli in his or their poffeflion, and there be reafonable

grounds of fufpicion, that fuch perfon or pei'fons took faid

fiift unlawfully, he or they fliall be fubjedt to the penalties

of this Act, unlefs fuflicient evidence be adduced, that faid

fifli were taken agreeably to the fpirit and meaning of the

fame.

[This Act paficd February 22, 1792.]

.An ACT for fettlng ofi^ Samuel Holmes, jun. from the
Town of Stui/ghiony and annexing him to the Town

of Sharon.

«^ JjF it enoEled by the Senate and Houfe of Reprefenta"

■^ tives, in General Court cjjembled, and by the author^

iiy of the fame. That Samuel Holmes, ]un. with his family and ef-

tate^

Locks ai^d canals. JFeb. ^3, An. 1792. 329

tate, lying in the town of Stoughton, and adjoining to the line S. Holmes, juii.
of the town of Sharon^ be, and hereby is fet off from the town ^^t off.
of Stoughto7ty and annexed to and incorporated with the towh
of Sharofty and forever hereafter fliall be conlidered as a part
of the fame :

Sect. 2. Provided neverthek/si Thzt the {a.\d Samuel Holmes,
jun. liiall pay to the town of Stoughton his proportion of the P^'o^*^'?-
debt, that town now owes, to be computed according to his
proportion of the laft State tax, in the fame way and manner
he would have been hblden to pay the fame had not this A<St
been paffed.

[This A<51 pafTed February 22j 1792.]

An ACT incorporating the Honorable yohn Worthing- Additional
ton, Efquire, and others therein named, for the ^^^^'^^j^'^^^'
Purpofe of rendering Connedicut Rit'cr paiTable, for 1793! A&fat
Boats and other Things, from the Mouth of Chick- S'llb^l"'
apee River, northward throughout this Common- 1794.' Addi-
wealth, by the Name of the Proprietors of the ^'°"^' ^'^^^
Locks and Canals on Connedicut River. Feb. 35 and a6*

WHEREAS removing the obftruaions to the pafling ^^°°-
of boats and other craft, made ufe of for t'le purpofes prga^blci
bf tranfportation upon ConneBicut River, from the mouth of
Ghickapee River, fo called, to the northern limits of this Gom-
monwealth, will be of great public utility ; and John Worthing--
ton, Efq. and others, have petitioned this Court for an A£l
bf incorporation, to empower them to make fuch canals and
locks, and perform fuch other operations as are neceflary to
remove the difficulties now attending fuch paffing ; and
many perfons under the expeftation of fuch an Acl have
engaged to fubfcribe to a fund for the effecting the aforefaid
purpofe :

Sect, i . Be it therefore enaBed by the Senate and Honfe of Rep"
■ refentatives, in General Court affemblcd, and by the authority of the
fame, That the Honorable John Worthington, Caleb Strongs .. ,

Theodore Sedgiuich, David Sexton, Samuel Lyman and '^'^''^^^'^ corporated
J^otuler, Efquires, and Robert Breck, Jonathan Dwight, Thomas
Dwight, JuJlin Ely, Dwight Fo/ler, Samuel HcnJJjaw, Ebenezer
Hunt, John Hooker, Efquires, Meffieurs Ebenezer Lane, William
Moore, Benjamin Pref cot, Levi Shepard, William Smith, Simeon
Strong, and John Williams, Efquires, and their affociates and fuc-
ceffors, proprietors of fuch propofed canals and locks, and in thft
funds or real eftate to be raifed or purchafed for effe£Hng th«
purpofe aforefaid, are hereby incorporated, and fhall be a Cor-
poration forever, under the name of the Proprietors of th«

Locjbft

Vot. J. 2....8

330 LOCKS AND CANALS. Feb. 23, An. 1792.

Locks and Canals on ContieBicut River, and by that name
may fue and profecute, and be fued and profecuted to final
judgment and execution ; and fliall be, and hereby are veiled
with all the powers and privileges which are by law incident
to corporations.

Sect. 2, And be it further enabled by the authority aforefaidy
pliwtSn ^ for ^^"^^ '^^^ ^'^^^ Proprietors, or any three of them, may make
calling meet- their application to any Juftice of the Peace for the county of
ings. Ham03irey requefting him to call a meeting of the faid Pro-

prietors, to be holden at fome convenient place within the
town of Springjieldi in the fame county j whereupon fuch
Juftice enipow- Juftice is hereby empowered to ilTue his warrant to one of
eied to iffue his the faid Proprietors, direcfting him to warn and notify faid
Proprietors, to meet at fuch time and place in faid town of
Springfield as he ftall therein direct, to agree on fuch method
as may be thought proper for calling meetings of faid Propri-
etors for the future, and to do and tranfaft fuch matters and
things, relating to the faid propriety, as fhall be exprefled in
faid warrant ; and the Proprietor to whom fuch warrant fliall
be direfted, fhall give notice to the faid Proprietors, by cauf-
ing the fame, or the fubftance thereof, to be publifhed in the
Springfield and Northampton news-papers, fourteen days before
the holding faid meeting, and make return thereof, under his
hand, to the fame meeting, to be lodged with the Clerk that
Proprietors fhall be then and there chofen : And the faid Proprietors
empowered. j^^y ^\{q^ ^^ ^ny legal meetings choofe a Clerk, Treafurer, and
other ofTicer or officers of the Corporation that they may
deem neceffary, and alfo may choofe a committee for regu-
lating and ordering the affairs and bufmefs of the faid Cor-
— may legally poration ; and every Proprietor fhall have a right to vote in
vote at meet- ^]^q proprietary meetings, according to his fhare and interefl,
timitothdrin- '^^ perfon or by reprefentation, in the following ratio ; from
tereft. one hundred to three hundred dollars inchifive fhall have one

vote ; from three hundred and one to fix hundred dollars inclu-
five, fhall have one vote more j from fix hutidred and one to a
thoujand dollars inclufive, fhall have one vote more, and for
every thoitfar.d above a thoufand dollars, fliall have one vote
more, provided no one Proprietor fliall have more than ten
votes : All reprefentations to be proved in writing, figned by
the perfon making the fame, by fpecial appointment, which
fliall be filed with and recorded by the Clerk ; and this Aft,
and all rules, regulations and votes of the faid Corporation,
fnall be fairly and truly recorded by the laid Clerk in a book
or books for that purpofe to be provided and kept.

Sect. 'i,. Provided, That whereas it may become necefTary
iProvifo. in the profecution of the foregoing bufinefs, that the property

of private perfons may (as in the cafe of highways) be appro-
priated for the public ufe ; and in order that no perfon may

LOCKS AND CANALS. Feb. 23, An. 1792. 331

be damaged in his property by the cutting or making canals
through his land, by removing mills or mill-dams, diverting
water courfes, or flowing his land, by the Proprietors aforefaid,
for the purpofe aforefaid, without receiving adequate com-
penfation therefor :

Sect. 4. Be it enaEled by the authority aforefaid, That in all
cafes where any perfon fhall be damaged in his property, by ^^^on^penfation*
the faid Proprietors for the purpofes aforefaid, in manner as damage "f
is above exprefled, or in any other way, and the Proprietors property,
aforefaid do not, v^ithin twenty days after being requefted
thereto, make or tender reafonable fatisfadlion, to the accep-
tance of the perfon damaged by them as aforefaid •■, the per-
fon fo damaged may apply to the Court of General Seflions of
the Peace for the county of Hampfoire, to have a committee
appointed by faid Court, at his own expenfe, to eftimate the
damage fo done j and the faid Court are hereby authorized
and empov^rered by warrp.nt under the feal thereof, upon fuch
application made, if within one year from the time of the
damage done as aforefaid, to appoint a committee of five dif»
interefted freeholders, in the fame county, to eftimate fuch Committee ap=
damages ; which committee fliall give feafonable notice to the pointed to efti-
perfons interefted, and to the Clerk of the Proprietors afore- '-'^^^^ damage*,
faid, of the time and place of their meeting, and they fhall be
under oath to perform the faid fervice, according to their beft
Ikill and judgment j which having done, they or the major
part of them fliall make return thereof, under their hands and
feals, to the next Court of General Seffions of the Peace, to
be holden in faid county, after the lame fervice is performed ;
to the end the fame may be accepted, allowed and recorded j
and the committee fo appointed are empowered and required
to eftimate the faid damage, and make return thereof as afore-
faid ; and if the eftimate of the committee be accepted by the
Court, the Clerk of faid Court is hereby authorized and diredl- execution. witU
ed, on application therefor, to ifTue an execution againft the provifos.
property only of tlic Corporation, or of any individual belong-
ing thereto, for the fum lb adjudged, in damages ; provided
the fame is not paid within the term of twenty days after the
acceptance of faid report, and likewife for the cofts of the com-
mittee, and fees of the Court, both to be allowed by the.
Court j provided the fum of damages, eftimated by the com-
mittee, exceed the fum fo tendered : But in cafe the Proprie--
tors actually tendered to the perfon complaining, before the
complaint was exhibited, a fum as great as that allowed by the
Covirt in damages, then nothing to be included in the execu-
tion for cofts of the committee or Court : The execution to-
be iftued by the Clerk of the Court, to be in the fame terms,
jiiulatis mutandis, and returnable in the fame time, as if judg-^
ment had been rendered againft faid Corporation, for a like

fum

332 LOCKS AND CANALS. Feb. 23, An. 1^92,

ium in damage on procefs, in the Court of Common Pleas.

And if any perfon find hlmfelf aggrieved by the doings of

the faid committee in eftimating dam.ages, he may apply to,

the faid Court of General Seffions, provided fuch application,

be made to the fame Court at the next fellion thereof in the

fame county, after the acceptance of fuch return ; and faid

Court of Sef- Court is hereby empowered to hear, and finally determine,

fions to hear ^^e fame, by a jury under oath, to be fummoned by the

and determine gj-^gj.iff or his Deputy for that purpofe, if the perfon com-

»n cafe ot ap- . ■ i r l • ^ -r ^

peal. plammg defires the lame, or by a new committee, if the per-

' ■ fon complaining and the Proprietors can agree thereon j and

" if the jury or comr^ittee agreed upon as aforefaid, who are

to be under oath, fhall not increafe' the fum of damages, the
perfon complaining fhall be at the coft incurred on that oc-
caiion, to be taxed againfl him by faid Court ; otherwife
fuch cpft and increafe of damages fhall be paid by the Pro-
prietors, and execution to ilTue therefor in manner as before
Committee expreffed. And it fliall be the duty of fuch committee or
empowered o" juj-y on application of either of the parties, and reafonahle no-

apphcation of-'. ■" . ^^ „ r • ■ n 1 J • 1 «

the parties. tice given to all perions interelted, to determine where, and
how many bridges fliall be made and maintained by faid Pro-
prietors over the canals aforefaid, and how the fame fhall be
conftru6i:ed, and what damages fhall be paid by the Pjroprietors
for neglefting to make and maintain fuch bridges ; and the
report of fuch committee or the verdi(?i: of fuph jury, being
returned into the fame Court, and being allowed and record-
ed, fliall be a fufficient bar againfl any adtion brought for dam-
ages as aforefaid, faving only, that where the fum of damages
is not eftimated at a fum in grofs for the full fatisfaftion there-
of, hut a yearly fum is alTefTed •, in fuch cafe the complainant
fhall be entitled to an action of debt for the recovery of the
fame, fo often as the fame becomes due during the continu-
• ance of the damage done or fufFered as aforefaid, and alfo for

the recovery of the damages for negle6ling to make and main-
tain the bridges aforefaid, fo often as the fame is demandable.
Sect. 5. And he it further enabled., That if any perfon or
yenaijtics in pej-f^ns fhall wilfully, malicioufly, and contrary to law take
cafeoi.dsaroy-'^' i ' u j j- j .i. -r j -r '

in» or injuring 'Wpj remove, breas: down, dig under, or otherwife damnify

locks and ca- any dam, <;anal or lock, made ufe. of for incloflng water for
'j^'^ the purpofes aforefaid, or any part thereof, or fhall divert or

obrtruct tl^e waters of any ffcream running to or from any
pond, canal or refervoir, ufed, adapted and defigned for the
purpofes aforefaid, or fhall cut down, damnify, carry away, or
fet afloat to be carried away, any boards, plank, joifi or other
timber, or materials ufed, or to be ufed, in or about any of
faid works, or fliall be aiding or aflifting in any of the tref^
paffes aforefaid, he fhall for every fuch offence forfeit and
pay to the Proprietors aforefaid, treble the value of fuch dam-
ages,

LOCKS AND CANALS. Feb, 23, An. 1792. 335

pges, as the Proprietoi's aforefaid fhall, to the Juftlce or Court
and Jury before whom the trial (hall be, make appear that
they have fuftained by means of the fame trefpafs, to be fued
for and recovered in any Court proper to try the fame ; and
fuch offender or offenders fliall be hable to prefentment by
the Grand Inqueft of faid county oi Ham^irey for any offence
or offences againft this law ; and on convidlion thereof, on
fuch prefentment, before the Court of General Seffions of the
Peace for faid county, or before the Supreme Judicial Court,
ihall be liable to pay a fine, to the ufe of the Common^^^alth,
of not more than twenty pounds^ nor lefs x\\■^.nJive pounds^ or be
imprifoned for a term not rnore than three months, nor lefs
than thirty days, at the difcretion of the Court before whom
the conviftion iTiall be.

Sect. 6. ylnd be it further erinEled by the authority aforefa'.J,
That the Proprietors aforefaid be, and they hereby are au- property veft^
thorized and empowered, to purchafe and hold to them and ed in the Cor-
their fucceffors forever, fo much land and real eftate as may poi'^^'o"-
become neceffary for carrying into effect the purpofes aforefaid.

Sect. 7. And be it further enabled by the authority aforefaidy
'T'hat for the purpofe of reimburfing the faid Proprietors, the
money by them expended, or to be expended in building and
fupporting the dams, canals and locks, and in clearing the
paffages neceffary for the purpofes aforefaid, a toll be, and is Toll eftablilk-.
hereby granted and eftablilhed, for the lole beuefit of the laid ed.
Proprietors, according to the rates following : For every ton _, rates of.
weight, which fhall be tranfported in boats or other veffels,
through the locks and canals, between the mouth of Chickapee
jR.iver in Springfield^ and the movith of Stoney-Brook, in South-
Hadleyy the fum of four fjillings and fix pence ; for every
thoufand feet of boards, paffing through the fame locks and
canals, the fum of four fjillings and fix pence ; for plank and
fquare timber, in proportion to the rate laft mentioned,
and for all other lumber floated on raft, or otherwife through
the fame locks and canals, in the fame proportion ; for every
ton weight Vv-hich Ihall be tranfported in boats or other veffels,
through the locks and canals, between the mouth of Deerfeld
River, and the head of Miller' s-Falls, fo called, the fum of
fve fnllings and fix pence ; for every thoufand feet of boards,
■paffing through the locks and canals laft mentioned, tiuo
fnllings and fix pence : and, for other lumber in the fame pro-
jportion ; and every boat or other veffel, paffing through the
fame locks and canals, fhall pay at the rate of one fhilling for
eysry ton burthen it is capable of conveying, whether the
fame is loaded or not.

Sect. 8. And be it further enabled by the authority aforefaid^
That there fhall be toll gatherers and others, whofe bufinefs Tf^Lnf^""'
it (hall be to attend the locks iu"the dav time, who Ihali give
' ' ■ " ■ ' ' - conftant--^^"'"^''^^^'.

334 LOCKS AND CANALS. Feb, 23, An. 1792.

conftant attendance at their refpe£live ftations, during the
v?hole of the feafon, for boats or rafts to pafs, and on the toll
being paid, Ihall immediately permit paiTengers with their
property to pafs the locks j and the faid toll fhall commence
on the day of the opening faid locks and canals, for the pur-
pofes aforefaid, and Ihall continue forever : Provided, that
when fifty years from the firft opening thereof are expired,
the General Court from thenceforward may regulate the
rate of toll ; and the fame fhall be colledled in fuch manner
as fhall be prefcribed by the faid Corporation.

Sect. 9. u4nd be it further enaEled by the authority aforefaidy

Proprietors ob- That the Proprietors aforefaid fhall ereft, keep up, and for-

^ir^lSntait ^^^^ maintain fuch dams, canals and locks, and fhall alfo io

Jocks and ca- clear the pafTages of the river aforefaid, between the mouth of

|iak Chickapee River, (fo called) in Springfield, and the mouth of

Stoney-Brook, (fo called) in South-Hadley, and between the

-\_,,,»___-— "^ mouth of Deerfield River, (fo called) and the head of Mil/er's-

J j I ] Falls, (fo called) in ConneBicut River, as that rafts and floats

/ ^X' H- ^1 of timber, not exceeding twenty feet in width, or fixty feet

. / y. in length, may pafs fecurely down, and that boats and other

i' H f' craft, ufually made ufe of for tranfporting goods in ConneBi"

cut River aforefaid, within this Commonwealth, may pafs

fecurely up and down, between the places abovementioned,

at all feafons of the year, when the other parts of faid river

are paflable up and down, by fuch boats or other craft, for

tranfportation ; and that they fhall keep and expofe to view

when required, the rates of toll of the tollable articles, fairly

and legibly written or printed, at the feveral places where the

toll fhall be received.

Sect. id. And be it further enaEled by the authority aforefaid^
That if the faid Proprietors fhall refufe or negledl, for the
fpace of four years after the paffing of this A£t, to build and
complete fuch dams, canals and locks, and to clear the paflages
of the river between the places firft abovementioned, fo as to
iL(S to be void be paffable in manner as aforefaid, then this A6t, lb far as it
»ii cafe. refpedts the fame, fhall be void and of no efFedl: ; and if the

faid Proprietors fhall negledt or refufe for the fpace of fix
years after paffing this A61:, to build and complete fuch dams,
canals and locks, and to clear the pafTages of the river between
the mouth of Deerfield River, nind the head of Miller' s-Falls
aforefaid, fo as to be pafTable in manner as aforefaid, then
this A61 fiiall be void and of no effect, fo far as refpeds the
locks and canals lafi: mentioned.

[This A(X pafl^ed Fehruar-^ 2'\, 179-2.1

' " - Aa

MALDEN PARISHES. Feb, 23, An. 1792. 335

An ACT for diffolving the FIrft and Second Pariflies
in Maiden, and for confirming certain Articles of
Union, entered into between the faid Parifhes.

WHEREAS the firft and fecond Parifhes in Maiden, in
the county of Middlefex, by certain articles of agree- Preamble,
ment, mutually made and duly ratified by both pariflies, on
the twenty-fourth day of January lafl pafl, have agreed to
unite for the purpofe of fupporting the public worfhip of God
in faid town, and have petitioned this Court to give operation
and effedl to faid agreement, the granting whereof will probably '

tend to the peace and welfare of faid town :

Sect, i . Be it therefore enaBed by the Senate and Houfe of
Reprefentaiives, in General Court ajfembled, and by the authority of
the fame. That all laws heretofore made and pafTed, by force of Laws repealed,
which faid fecond parifli was erefted, and does now exifl as a ^^^ parifhes
diflin^t body politic, be, and the fame are hereby repealed, and ^'^°^^2^' j
that both the faid bodies politic or parifhes be, and the fame
hereby are difTolved.

Sect. 2. Provided neverthelefs, That they fhall flill con- Prevlfo.
tinue to exifl fo far as to enable them to carry any legal con-
trail, by them heretofore made, with their miniflers or any
other perfons, into execution, and to fue for and recover any
debts due to them, and that they fliall remain liable to be fued .
for any debts due from them, in the fame manner as if this Acl
had not been made. ■> \ ^ - _•

Sect. 3. And be it further enaBed, That for the future, the
inhabitants of the faid parifhes fhall and may unite, and fhall Inhabitants""^^
have power, and be held as a town, to choofe, fettle and make empowered,
provifion for the fupport of a public teacher or teachers of pi-
ety, religion and morality, and of the public worfhip of God ia
faid town, in the fame way and manner as other towns are au-
thorized and held by law to do, and as the faid town of Maiden
was authorized and held to do previous to its divifion into
pariflies, any law, ufage or cuflom to the contrary notwith-
ftanding.

Sect. 4. And be it further enaBed, That the articles of . . , . ^
agreement aforefaid, entered into by faid pariflies as the foun- greement con-
dation of their union, be, and the fame hereby are ratified and firmed,
confirmed, and declared to be binding upon faid town.
[This A61 pafTed February 23, 1792.]

Preamble.

336 ESSEX MERRIMACK BRIDGE. Feb. 24, An. 1792^

Additional All ACT for incorporating certain Perfons for the
Aas, June aa, Purpolb of building a Bridge over Merrimack River ^
1793', Feb, 33', in the County of EJfex, and for fupporting the
»79^- fame.

WHEREAS the erecting a bridge over Merrimack River y
between the towns of Newbury and Salijhuryy in the
county of EJfex, will be of great public convenience ; and
whereas Nathaniel Carter, Efq. and others have prefented a
petition to this Court, fetting forth, that they, with divers oth-
er perfons, have affociated for the purpofe of building faid
bridge, and praying for liberty to build the fame,' and to be
incorporated for that purpofe :

Sect, i . Be it therefore enaSled hy the Senate and Houfe of _
ReprefentativeSy in General Court ajfembled, and by the authority of
thefanie, That Nathaniel Carter, Trijlram Dalton, and Stephen
p . . Crofs, Efquires, Meffieurs William Coombs, Mofes Brown, Tim-
eorporated. <?^'^j' Dextcr, George Searle, Jofeph Tyler, and Dudley Atkins
Tyng, Efq. with fuch other perfons as have with them affocia-
ted as aforefaid, and all thofe who may hereafter become Pro-
prietors in the faid bridge, be, and they hereby are made and
conftituted a corporation and body politic, for the purpofe
aforefaid, by the name of The Proprietors of Ej/ex Merrimack
Bridge ; and by that name may fue and be fued to final judg-
ment and execution, and do and fufFer all matters, a6ls and
things, which bodies politic may or ought to do or fuffer ; and
the faid Corporation fliall and may have and ufe a common feal^
and the fame may break and alter at pleafure.

Sect. 2. And be it further enabled by the authority aforefaid i
That the faid Nathaniel Carter, Stephen Crofs, and Williajn
Coombs, or any two of them, may, by advertifement in the EJfex
Journal, warn or call a meeting of the faid Proprietors, to be
holden at any fuitable time and place after five days from the
firft publication of the faid advertifement r And the Proprie-
tors by a vote of the majority of thofe prefent, or reprefented
/ at the faid meeting (accounting and allowing one vote to each

fingle fhare in all cafes ; provided however, that no one Pro-
prietor fliall be allowed more than ten votes) fliall- choofe a
Clerk, who fh;ill be fworn to the faithful difcharge of his faid
office ; and fliall alfo agree on a method of calling future meet-

^Q choofe ^'^S^ ' ^^^ "^^ ^^^^^ fame, or any fubfequent meetings, may elcft

officers. fuch officers, and make and eftabiilh fuch rules and by-laws

eftablifli 'IS to them fhall feem neceflary or convenient for the regula-

by-laws. tion and government of the faid Corporation, for carrying inta

effeft the purpofe aforefaid, and for cdlle^ling the toll herein
after granted and efcablifhed ; and the fame rules and by-
laws m^y caufe to be executed, and may annex penalties to

-_ tha

may call

a meeting.

MERRIMACK BRIDGE. Feb, 24, An. 1792. 337

the breach thereof, not exceeding three poinuh ; provided the provlfo.
faid rules and by-laws are not repugnant to the conftitution .

or laws of this Commonwealth : And all reprefentations at any
meetings of the faid Corporation, fliall be proved by writing ^\gxi-
ed by the perfon to be reprefented, which Ihall be filed with
the Clerk : And this A6t, and all rules, by-laws, regulations
and proceedings of the faid Corporation, fhall be fairly and
truly recorded by the faid Clerk, in a book or books to'be
provided and kept for that purpofe.

Sect. 3. And he it further enaBed hy the authority aforefald,
That the faid Proprietors be, and they are hereby permitted Allowed to
and allowed to ere<St a bridge over Merrimack River ^ from a °"'^*^ ^ bridge,
place called the Pines in Neiubury aforefaid, to Deer-IJJandi (fo
called) and from the faid illand, to Salijbury aforefaid.

Sect. 4. And be it further enaBed by the authority aforefaid^
That the laid Proprietors be, and they are hereby authorized JEmpowered to
and empowered to purchafe Deer-IJlajtd aforefaid, to hold the Pff^*'^ *"^
fame in fee limple ; and that the ihare or fhares of any Pro-
prietor in the faid ifland and bridge, may be transferred by
deed, acknowledged and recorded by the Clerk of the faid
Proprietors, in a book to be kept for that purpofe : And when
any fhare or fliares of the faid bridge and illand flaall be at-
tached, as the property of any of the laid Proprietors on mefne
procefs, an attefted copy of fuch procefs fliall be left with the
Clerk of the faid Proprietors, at the time of fuch attachment,
otherwife the fame fhall be void.

Sect. 5. Atid be it further enaBed hy the authority aforefaid.
That for the purpofe of reimburfing the faid Proprietors, the
money by them to be expended, in building and fupporting
the faid bridge, a toll be and hereby is granted and eftabliflied, Atolleftablifli.
for the fole benefit of the laid Proprietors, according to the ^'^•

rates following, viz. For each foot paflenger, two thirds of a ^^^^ ^^

penny ; for each horfe and rider, two pence 5 for each horfe and
chaife, chair and {xxXk^Qj^feven pence \ for each riding fleigh,
drawn by one horfe, ^v pence ; for each riding fleigh dra^vn by
more than one horfe, nine pence ; for each coach, chariot, pha-
eton, or other four wheel carriage for paflengers, one flnlling
andftx pence ; for each curricle, one flnlling ; for each cart, fled,
fleigh or other carriage of burthen, drawn by one beaft, fx
pence ; for each Waggon, cart, fled, fleigh or other carriage of
burthen, drawn by more than one beaft, «/;;^j>f«^^; for each
horfe or neat cattle, exclufive of thofe rode or in carriages,
two pence ; for fheep and fwine, two thirds of a penny ; and to
each team one perfon and no more fhall be allowed as a driver
to pafs free of toll. And at all times when the toll-gatherer fhall
not attend his duty, the gate or gates fhall be left open ; and

th«

Vol. I. 2....T

338 MERRIMACK BRIDGE. Feb. 24, An. 1792.

the faicl toll fhall commence on the day of the firft opening of
—■ to continue ^^ ^^j^ bridge for paffengers, and Ihall continue for the term
of fifty years from fdid day :

Sect. 6. Provided neverthelefs., The Legiflature fhall have
Provifo. ^ right, after the expiration of thirty years, to regulate and de-

termine the rate of toll ; and fiid bridge fhall be kept in good,
vIn^^o*° t*he ^'^^ ^^^^^ paffable repair, and at the end of the faid term, flvall
Common- rcvert to, and be the property of this Commonwealth, and be
wealth. delivered by the Proprietors, in like repair.

Sect. 7. And he it further enacted by the authority afcrefaidy
Djmenfions of That the faid bridge (liall be at leaft thirty feet wide ; that be-
bridge. tween Newbury and Deer-IJland there be an arch one hundred

and fixty feet wide ; that between Deer-IJland and Sali/hi/ry
there be an arch one hundred and forty feet wide, a convenient
draw or pallage-way, for the paffing and re-paffing of veflels at
all times, fifty feet wide, with well confirudted, fubftantial and
convenient piers on each fide of the bridge, and adjoining faid
draw, fufficient for vefiels to lie at fecurely -, and alfo another
arch fifty feet in width ; and that the crown of the arch between
Newbury and Deer-IJland be at the leaft forty feet high, and that
each of the abutments thereof be twenty-eight feet fix inches
high in the clear, above common high water mark; and that
all the abutments and piers be built of wood below high
water, and laid in the cob-work manner, (fo called) and
that the bridge be covered on the top with plank or tim-
ber, and the fides be boarded up two feet high, and be railed,
for the fecurity of palfengers, four feet high at the leafl; ; and
the fame fliall be kept in good, fafe and pafiable repair ; and
that faid draw fiiall be lifted for all ihips and veflels, without
toll or pay, by night and by day ; and all fiiips and veflels, in-
tending to pafs the faid draw, fhall lie free of charge at the
wharf or pier until a fuitable time fliall offer for pafling the
fame. And faid Proprietors fiiall conftantly keep fome fuitable
perlbn or perfons at faid draw, for lifting up the fame for the
purpofe aforefaid ; and alfo an anchor placed in the bed of
the river, at a proper diftance on each fide of the bridge,
with a buoy and fucli other accommodations as fhall be neceflary
for the fafe pafilag and re-pafiing of veflels through the faid
draw ; and Ihall keep faid bridge furnlfhed with at leafi five
good lamps on each iide of the lame, which fiiall be well fup-
plied with oil, and kept burning through the night.

Sect. 0. And be it further enacted by the authority aforefaid^
Compenfations "That within one year after the faid bridge fhall be opened for
for damages. pafl"engers, the faid Proprietors fiiall pay to John Wchjlir and
Jofeph Swazey, and alfo to the town of Sail/bury, all fuch fums
of money as Ihall be rcfpeftively awarded to th.em or either of
them, by three indifierent men mutually chcfen by the parties,
as a full compenfation for any injury fuftained by them refpeft-

ively,

QUINCY INCORPORATED. Feb. 23, An. 1792. 339

ively, by the erecting of the faid bridge ; and in cafe of the
refufal of either of the parties aforefaid to appoint fuch referees,
the Judges of the Court of Common Pleas for the county of
EJfex fhall afcertain and adjudge faid compenfations, after due
notice to all concerned.

Sect. 9. And be it further enaBed by the authority iiforcfaid.
That if the faid Proprietors fhall negledt, for the fpace of four AA to be void
years from the paffing of this A61, to byild the faid bridge, then "^ ^'^^'^
this A£l flic.ll be void and of none eii'e(5l.

[This A61 paflcd i^t'^rwar_y 24, 1792.]"

An ACT for incorporating the North Precincl of the
Town of Braintree^ in the County of Suffolk^ into a
feparate Town by the Name of ^incy^ and for an-
nexing fundry Inhabitants of the Town of D(jr<:/;r/C
ter, with their E dates, to the faid Town of ^iiicy^

p T)E it enaBed by the Senate and Houfe of Repre-

■^-^ fentativeSf in General Court afjcmbled^ and by

the authority of the fame, That the lands comprifed within the

north precincl of the town of Braintree, as the fame is now ^ .

r . v^incy incor--

bounded, with the inhabitants dwelling thereon, be, and they poratcd.
hereby are incorporated into a town by the name of Ouincvy
and the faid town is hereby invefired with all the powex-s,
privileges and immunities to which towns within this Com-
monwealth are or may be entitled, agreeable to the conflitu-i
tion and laws of the faid Commonwealth*

Sect. 2. Be it further en/iBed by the authority aforefaid, That

the inhabitants of the faid town of Oiiincy fliall pay all to pay ar,

the arrears of taxes which have been affeffed upon them by the rears of taxes.
town of Braintrec, and (liall fupport any poor perfon or per-
fons who have heretofore been, or now are inhabitants of that
part of Braintree which is hereby Incorporated, and are or may
become chargeable, and who fliall not have obtained a fettle-
ment eifev/here, when they may become chargeable, and fuch
poor perfon or perfons may be returned to the town of Qjiiiicy
In the fame way and manner that paupers may by law be re-
turned to the town or diftricl to which they belong. And^
the inhabitants of the faid town of Qjdncy lliall pay their pro-
portion of all debts now due from the faid tov/n of Braintree,
and fhall be entitled to receive their proportion of all debts
and monies now due to the faid tov^rn of Braintree, and alfo
their proportionable part of all the other property of the faid
town of Braintree, of w^hat kind or defcription foever.

Sect. 3. Provided always. That the lands belonging to
the faid town of Braintree, for the purpofe of maintaining ^'^'^ °'
(chools, fiiall be divided between the fiiid town of Braintree,

and

340 S. J. LONGMAN. Feb. 25, An. 1792.

and the town of Qiihicyy m the fame proportion as they were
refpeftively alTefied for the payment of the laft State tax ; and
no town tax fhall be laid by either of the faid towns upon the
faid lands, fo long as the rents thereof fliall be appropriated to
the purpofe of fupporting a fchool or fchools.

Sect. 4. Aiid be it further enacted by the authority aforefaidy

That Benjamin Beale, jun. Jofeph Beaky John Billings y Ebenezer

Glovery and Joftah Glover, inhabitants of that part of the town

Perfons and ef- of Dorchejlery in faid county of Sitffolky called Squantum and

tates fet off to The Farms, with their lands and eftates lying within the lim-

the town of Jtg of that part of Dorchejier, called Squantum and The Farms y

'^'"'^y* be, and tney hereby are fet off from the faid town of Dorchef-^

ter, and annexed to the faid town of Quincy.

Sect. 5. And be it further enacledy That the faid Benjamin.
Beak, jun. Jofeph Beak, John Billings, Ebenezer Glovery and Jofiah
— to pay ar- Qlo^ey^ fliall pay all the arrears of taxes which have been aiTefTed
rears c taxe». ^^^^ them by the town of Dorchefler, together with all the ex-.
penfes of maintaining the widow, defcendants, or any part of the
family of Thomas Wells, late of faid Dorchefier, deceafed, which
are or may become chargeable, as the poor of the town of
Dorchefier, and fhall not be held to pay any other expenfe-
whatever to the faid town, of Dorchefier.

Sect. 6. And be it further enaEled by the authority aforefaidy
That Richard Cranch, Efquire, be, and he is hereby authoriz-
^^'•ff^^h'^^'^^'^ ed to ifTue his warrant, directed to fome principal inhabitant,
' requiring him to warn and give notice to the inhabitants of
the faid tov/n of Qiiincy to affemble and meet at fome fuitable
time and place in the faid town, as foon as conveniently may
be, to choofe all fuch officers as towns are required to choofe
at their annual town-meetings in the month of March or April.
annually.

[This A6t pafTed February 2"^, 1792.]

An ACT for changing the Name of Samuel Turner, to
Samuel James Longman.

WFIEREAS fome advantages are expe^fted to accrue to
Samuel Turner, fon of William Turner, Efq. of BoJlony
in the county of Suffolk, by fiid Samuel's having the name of
Samuel James Longman ; and upon the petition of the faid
William therefor :

Be it enaEled by the Senate and Houfe of ReprefentativeSy

in General Court affcmbled, and by the authority of the fame. That

. from and after the palling of this Aft, the faid Samuel Turner

ame c. ange , ^^^ ^^^ allowed to take the name of Samuel James Longman,

and by that name, inftead of his prefent chriftian and furname,

rant.

RUSSELL INCORPORATED. Feb. 2$, An. iyg2. 34

to be called and known ; and that to all legal purpofes, the fald
name of Samuel James Longman fliall be confidered as his own
proper and only name, and avail accordingly.

[This Ad pafled February 25, 1792.]

An ACT for erecting a Town within the County of

Hampjhire, by the Name of Rujfell.
4. TyB it enaBed by the Senate and Houfe of Reprefenta-

-^ tivesj in General Court ajfembled^ and by the author-
ity of the fame ^ That the north-wefterly part of Wejlfeld, called Ruffcll incer-
the New Addition y on the wefterly fide of Weff eld River, and the porateA
fouth-wefterly part of Montgomery, included between the heights
of Shatterack mountain, Teko mountain, and Weff eld River afore-
faid, and bounded as follows, viz. Beginning 2itBlanfordVine,\vhcre
it crofles Weftfield River ; then running down faid river, till it _ , .
comes to a turn m the river, near the root or bhatterack moun-
tain, at the northrwefterly part thereof ; then crofling faid river,
to a maple tree, marked with ftones about it, {landing at high
water mark, on the eaftern bank ; then running fouth thirty-
two degrees eaft, one hundred and fixty rods, to a pine ftaddle
marked with ftones about it, on the height of Shatterack moun-
tain ; then running fouth twenty-eight degrees and fifty min-
utes eaft, eight hundred and ninety-four rods, partly along the
ridge of Teko mountain, to a black oak ftaddle marked, with
ftones about it, towards the foutherly end of faid Teko moun-
tain ; then running fouth four degrees eaft, two hundred and
twenty rods, to a fmall flat rock, marked I. S. 41, by the high
way, a few rods eafterly of the river, and near the fouth end of
faid Teko mountain j then running fouth thirty-eight degrees
weft, crofling faid river, and continuing a ftraight line, to a lit-
tle river near the foot of the weft mountain ; then Avefterly
upon faid river, to the line between the third and fourth tier
of lots ; then foutherly upon faid line, to Granville town line j
then running weft twenty-two degrees north, on Granville line,
to the fouth-eaft corner of the town of Blanford ; then run-
ning north twenty degrees eaft, on Blanford line, to the firft
mentioned bounds, be, and hereby is incorporated into a town
by name of Ruffell ; and the faid town fliall be, and hereby
is invefted with all the privileges and immunities, that townis in
this Commonwealth do or may enjoy by the conftitution or
laws of the fame.

Sect. 2. And be it further enacled. That Samuel Foiuler,
Efq. be, and he is hereby empowered to ifTue his warrant, di- |^.'""^^f°'^'^r»
reeled to feme fuitable inhabitant of the faid town of Rujfell, di- warrant,
reeling him to notify the inhabitants of laid town to meet at
fuch time and place as he fliall appoint, to choofe fuch ofticers
as other towns are empowered to choole at their annual meet-
ing in the month of March or Jpril. Sect.

342 J. DANFORTH, &c. SET OFF. March 3, An.1792.

Provifa Sect. 3. Provided neverthekfsy The inhabitants of faid

town fliall pay all fuch town, State, county and other taxes, as
are already aflefled upon them by the towns to which they have
refpeftively belonged, together with all State and county taxes,
that may be hereafter affelTed upon them by the faid towns to
which they have belonged, until a new valuation fhall be taken,
and no longer \ and the inhabitants aforefaid fliail pay their
proportion of all public debts, which are now due from the faid
towns to which they refpecStively belonged.

Sect. 4, And be it further enaBed, That the inhabitants of
Inhabitants *^^ ^'^^^ ^°^" °^ RnJp-'U fhall be entitled to demand and re-
thereof to re- ceive their juft proportion of all monies due, and of the arms
ceive all their and ammunition belonging to the tov/ns to which they refpefl-
^"^*' ively belonged.

Sect. 5. And be it further enaBed, That the inhabitants of

the faid town of Ruffcll do, and (hall forever hereafter make

— tomak&and .^^^^ keep in good repair all fuch roads and cart-ways through

maintain . ^^^^ ^^^^ town of Ruffell^ as the town of Wejlfeld ought or by law

is now obliged to make and maintain there.

Sect. 6. And be it further enacted^ That the inhabitants of

to pay pro- the faid town of Rujpll lliall be chargeable with their propor-

portion of ar- tionable part of the expenfe of fupporting the poor, which at
rearages for ^j-^g ^.jj^g ^f paffing this A£t were the charge of the towns to
poor""^""^ which the faid inhabitants refpe£lively belonged, and that the
i'aid town of Riijfll flaall be held to fupport all poor perfons
which may hereafter be returned to the town of Weflfield and
Moj^tgomery, who have gained a fettlement in that part of the
town of JVeflfeld or Montgomery^ whiah is now incorporated
into the town of Ruffcll.

[This A6t pafled February 25, 1792.]

An ACT to fet off Jofeph Danforth^ Joft^^h Danforth,
John Cu?Jiings, and Jofeph Upton, from the Town of
Dunflable, in the County of Middlefex, and to annex
them to the Diftricl of Ty.ngsborough.

Preamble. -V"^ "THERE AS Jofeph Danforih, Jofiah Dm forth, John Cum-

YV ^"S^^ ^""^ J^fiP^ Upton, have petitioned this Court to

be fet off from the town of Dip fable, and annexed to the dif-

trl6l of Tyngsborough ; and it appearing reafonable that the

prayer of the faid petition fhould be granted :

Sect. i. Be it therefore enabled by the Senate and Houfe of
Reprejentatives , in General Court affcmblcd, 'and by the authority of
Families fet off, the fame ^ That the faid Jofeph Danforth, Jofiah Dat forth, John
dartcs^''^ ^°""" C'w;«i«^j-, and Jofeph Upton, with their reipeaive families, and
that part of faid Upton's and Cnmings' eftate, containing twen-
tyTeven acres and forty-one rods, which is included within
the following Hues, viz. 13eginning at Tyngsborough line, at Col«

John

BOUNDARY LIN£. March 3, An. 1792. 343

John Tyng's great farm, (fo called,) and running from thence
north two degrees weft, feventy-three poles, running two rods
weft from Ja/jn Cum'wgs^ barn, till it comes to the town road
leading from faid Cumifigs' houfe to jfofeph Upton's houfe j
thence by faid road north-wefterly, till it comes within four
roads of faid Upton's barn ; thence fouth, thirty degrees weft,
eight rods j thence weft, nine degrees north, ten rods ; thence
north, ten degrees eaft, eight rods, to the faid road ; thence
acrofs faid road eaft, two degrees north, to Tytigsborough line ;
thence by faid line to the bounds firft mentioned ; and that
part of the eftate of the faid Jofeph Danforth and Jofiah Dcm-
forth, containing ftxty-two acres and eighty-one rods, which is
included within the following lines, viz. Beginning at Tyngsbo-
rough \\ney where the foutherly line of the faid Danforth'sidirm
crofles it ; thence running fouth, iixteen degrees weft, one
hundred and fourteen rods ; thence fouth, forty degrees weft,
feventy rods ; thence fouth, fix degrees eaft, forty-one rods ;
thence weft, eight degrees fouth, forty-three rods ; thence
north, one degree and forty-five minutes weft, fifty rods ;
thence north, feventy-four rods, two rods weft of the houfe of
faid Danforth ; thence north, thirty degrees eaft, two rods,
north of faid Danforth'^ barn, fourteen rods ; thence eaft, two
degrees north, fixty rods ; thence north, thirty-two degrees
weft, ninety-three rods, to Tyngshorough line ; thence fouth,
two degrees eaft, ten rods, to the bound firft mentioned •, be,
and hereby are fet oft' from the town of Dunjlahle^ and an-
nexed to the diftridl of Tyngshorough.

Sect. 2. Provided neverthelefs, That the faid petitioners Provifo,
fliall pay all taxes that have been legally alTefted on them by
the faid town of Dunjlable^ in like manner as if this Act had
never been pafled.

[This Aa pafTed March 3,, 1792.]

An ACT afcertaining the Boundary Line between the
Towns of Medway and Sherburne.

WHEREAS fome doubts have arifen refpecfling the
boundary line between the towns of Mediuny and
Sherburne :

Sect, i . Be it enaEled by the Senate and Houfe of Repre^
fentativeSy in General Court ajfemhlcd.^ and by the authority of the Boundary llr.«.
fame^ That the boundary line between the faid towns of Med-
nvay and Sherburne, for the future, fliall be as follows, to wit :
Beginning at a ditch a little eaft of, and near Breeds hill, (fo
called) at Charles River ; from thence wefterly acrofs the fmall
pine hill called Breck's hill ; and fo continuing a ftraight line in
a wefterly direction to a place known by the name of Allen's
corner, and according to former perambulations to a heap of
ftones, at or near Shejield's corner, (fo called.)

Sect.

344 A. SMITH, &c. SET OFF. March 6, An. 1792.

Sect. 2. And be it further enaEledy That the inhabitants
Inhabitant* to and owners of the lands which by this A6t will in future be-
pay proportion long to the town of Medway, ihall be holden to pay their pro*
'^"^'' portion of all State and county taxes to the faid town of Sher-^

burney until a new valuation fhall be fettled by the General
Court, and no longer : And the faid town of Medway (hall aft-
fefs the faid inhabitants their proportion of all town and parifh
taxes, in the fame manner as if the faid inhabitants had here-
tofore been coniidered as inhabitants of the faid town of Aled-
nuay.

[This A£l paiTed March 3, 1792.]

An ACT to fet oflf Afahel Sfiiith and others from

South Hadley to Granby,

I <^ T)E it enaEled by the Senate and Houfe of Repre->

•'■^ fentativeSy in General Court ajjembledy and by the

authority of the fame y That Afahel Smithy John Matidevilley Levi

Perfons fct off. ^''^^thy David Na/h, jun. Noah Clarky Ifrael Clarky fames Gid*
dingSy Jotham Clarky Bnos Clarky Eleazer Ayres, and the land
belongmg to the heirs of Ifrael Clarky deceafed, (the faid land
adjoining the firfl named Ifrael Clark) with their refpeftive
families and eftates, be, and hereby are fet off from the faid
town of South Hadley in faid county of Ham^irey and annexed
to the town of Granby in faid county, and Ihall hereafter be
confidered as part of the fame, there to do duty and receive
privileges as the other inhabitants of faid town of Granby.

ttoViCo. Sect. 2. Provided /leverthelefs. That the faid Afahel Smithy

'John Mandevilley Levi Smithy David Najhy jun. Noah Clark,
Ifrael Clarky fames GiddingSy fotham Clarky Enos Clarky Eleazer
Ayresy and the aforefaid land belonging to the heirs of Ifrael
Clarky deceafed, Ihall be held to pay their proportion of all
fuch State and county taxes as fhall be laid by the Legillature
upon faid town of South Hadleyy before the fettlement of an-
other valuation.

Sect. 3. And be it further enaBed by the authority aforefaid^

_, , , That the town of Gr~nbyy from the paffing this Aft, fliall keep
Granbyto keep . , . ^ f .. ■'. , \ rn? j r

roads in repair. ^^ good repair the rollowing roads, viz. ihe county road