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

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PRIVATE AND SPECIAL 

tattttes 




OF THE 

COMMONWEALTH 

OF 

MASSACHUS ETTS, 

FROM THE YEAR 1780, 

. TO THE 

Clofe of the SefTion of the General Court, 

BEGDN AND HELD ON 

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

WITH 

An appendix, 

CONTAINING 

SUCH STATUTES, OF THE ABOVE DESCRIPTION, PASSED BEFORE 

THE YEAR 1780, AS ARE REFERRED TO IN ACTS PASSED 

SINCE, AND INCLUDING THE TEMPORARY ACTS, 

MADE PERPETUAL, MARCH 7, 1797. 



IN THREE VOLUMES. 
VOL. IL 



Bofton : 

PRINTED FOR THE STATE, BY MANNING b* LORINO. 

1805. 






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State Libi-ary of AAassachusetts 



pti\)att and Special 
STATUTES 

OF 

MASSACHUSETTS. 



An ACT for incorporating certain Land in Dedham 
and S/jaro?2^ in the County of Norfolk, into a Com- 
mon Field. 

WHEREAS the Proprietors of a certain traft of meadow pj-ga-nble 
land, lying partly in Dedham, and partly in Sharoriy in . 
the county of Norfolk, are defirous to have the fame incorpo- 
rated into a Common Field : 

Be it enaEled b^ the Senate and Houfe of Reprefentatives, in 
General Court afjfembled, and by the authority of the fame. That 
all that tradl of land, known by the name of Pigeonfwamp 
Meadonv, lying partly in Dedham, and partly in Sharon, in the 
county of Norfolk, and included in the bounds following, viz. 
Beginning at Traphole Brook, fo called, In the land of Nathaniel -QQ^xn^^xiu 
Sumfier, Efq. w^here the fence now ftands which divides faid 
Sumner's upland from his meadow, and running foutherly on 
faid fence, till it comes to the land improved by George Suni' 
fier ; then through fald land nearly the fame courfe, till it 
comes to the fouth-weft corner of laid George Sumner's home 
meadow, fo called ; then turning and running eafterly In faid 
meadow, as the ditch which forms the fence is made, till it 
comes to the fouth end of Benjamin Haives's meadow ; then 
in the line between faid Haines's meadow, and the land of 
Ji'iUiam Richards ; then in the line betwen faid Richards's 
home lot, and the meadow lots, till it comes to Cummings's 
brook, fo called ; thence on faid brook, till it comes to the 
line between Stoughton and Sharon ; thence on faid line till it 

comes 



BAPTIST SOCIETY. Feb. lo, An. 1795. 

comes to Nepotifet River -, thence wefterly on faid river, till it 
comes to Traphole Brook ; thence on faid brook, till it comes to 
the bounds firft mentioned — fliall be confidered as 07ie Common 
and General Field ,• and that the Proprietors of faid lands, their 
heirs and fucceffors, be, and they hereby are incorporated and 
invefted with all the powers and privileges which the Proprie- 
tors of Common and General Fields by law are invefted with. 
[This A€t palTed January 22, 1795.] 



An ACT to fet off Willia?n Good [peed, with his Eftate, 
from the Town of Wajlnngton^ in the County of 
Berkjhire, and annex him and his Eftate to the 
Town of Lenox, in the fame County. 

T)E it enaBed by the Senate atid Houfe of Reprefentatives, in 
-*--' General Court ajfemhledy and by the authority of the fame. 
That Wiliinm Goodfpced^ with his eftate, be, and he hereby is 
fet ofi" from the town of Wafjingion, in the county of BerhfJjire, 
and annexed to the town of Lenox, in the fame county. 
[This A£t paffed January 31, 1795.] 

An ACT to incorporate Valentine Rathburn, and oth- 
ers. Inhabitants of the Town of Pittsfield, into a 
Religious Society, by the Name of The Baptijl Re- 
ligious Society in the Town of Pittsfeld. 



Sect, 



T)E it enaBed by the Senate and Houfe of Reprefenta- 
■^ fives, in General Court ajfcwblcd, and by the author-' 



ity of the fame. That Valentine Rathburn, Daniel Rathburn, John 
Perfons incor* Baker, John Remington, Jonathan Kingfey, John Bryant, and 
porated. others, inhabitants of faid town of Pittsficld, members of the 

faid religious Society, together with their polls and eftates, be, 
and they hereby are incorporated by the name of The Baptijl 
Religious Society in Pittsfield ; with all the privileges, powers 
and immunities to which other religious Societies in this 
Commonwealth are by law entitled. 

Sect. 2. -And be it further enaBed, That any and every 
Mode of be- pgj-fon in the faid town of Pittsfield, who may hereafter at any 
coming uum- t; oni uri --ir-jc- 

ters, time actually becom^e a member or, and unite with laid ISociety, 

in religious worfliip, and give in his or her name to the Clerk 
of the laid town of Piitsfield, with a certificate, figned by the 
Minifter or Clerk of faid Society, that he or flie hath actually- 
become a member of, and united in religious worfliip witri 
laid Society, fourteen days previous to the town-meeting 
therein, to be holden in the month of March or April annu- 
all)'', fliall, from and after giving fuch certificate, with his or 
her polls and eftates, be confidered as a member of faid 
Society. Sect. 



PEMBROKE SOCIETY. Feb. io,An.i795. 5 

Sect. 3- yifid be it further enaEledt That wheti ijiny member 
of faid Society fliall fee caufe to leave the fame, and unite in Mode of leav- 
religious worfliip with the other religious Society in the faid «ng the Society, 
town of Plttsjield, and fliall give in his or her name to the 
Clerk of the laid Bnptljl Religious Society^ Vv'ith a certificate, 
figned by the Minifter or Clerk of the other religious Society, 
fourteen days previous to tlieir annual meeting, in March or 
April, fuch perfon fhall, from and after giving iuch certificate, 
with his or her polls and eftates, be no longer confidered as a 
member of the laid Baptiji Society. 

Sect. 4. And be it further enacled, Tliat Eli Root, Efq. be, ^H Root, Efq* 
and he hereby is authorized to ifliie his warrant, diredled to ^^^^ "*^ ^*^" 
fome principal member of the faid Baptiji Society, requiring 
him to warn the members of the faid Society, qualified to vote 
in parifh affairs, to afiemble at fome fuitable time and place, 
to cjioofe fuch parifli officers as are by law required to be 
chofen in the month of March or April, annually, and to tranf- 
adt all matters and things neceflary to be done in faid Society. 
[This Act pafled February lo, 1795-] 

An ACT for incorporating certain Perfons therein 
named, by the name of The Trujlees of the Church 
and Congregation in the Second PrecinSl in Pembroke. 

WHEREAS the Church of Chrift- in the fecond precincl 
in Peiribroke have by their vote agreed to appropriate ^^^^ °* 
a certain fum of money, the property of faid Church, to the 
purpofe of fupporting the preached gofpel in faid precinct, 
imder certain provificns and conditions j and not being able 
fully to accomplilh their intentions, by means of any exifi;ing 
legal provifions, have petitioned this Court to incorporate a 
competent number of perfons for that purpofe : 

Sect, i . Be it iherefoVe enaBed by the Senate and Houfe of Repre- 
feniatives, in General Court ajfeinbled, and b\ the authorit'j of the fame. 
That Jeremiah Stetfon, William Delano, Elijah C'uping, G^/^/ ^ruftees Incor. 
Hitchcock, jun. and Jofiah Cnfhing, all members of faid Church j P°'^^'^^^ * 
and the faid Stetfon and Delano being Deacons of the fame, be, 
and they hereby are nominated and appointed Truftees of the 
Church and Congregation in the fecond prccincSt in Pembroke, 
and they are hereby incorporated into a Body Politic and 
Corporate by tliat name •, and the faid Truftees and their fuc- 
ceffbrs, to be chofen and appointed in the manner hereinafter 
prefcribed, fliall be and continue a Body Politic and Corpo- 
rate by the fame nan^e forever. 

Sect. 2. And be it further enacted b\ the authority aforcfaid. 
That agreeably to the vote of faid Church, all the money, i'e- 
surities and credits, the property of laid Chui'ch, fhall be re- 
ceived 



6 PEMBROKE SOCIETY. Feb. i o, An. 1 795, 

Property of the celved and held by, and they are hereby confirmed to the faid 
Sd'tnd^im' >''^^^'^'^ Stctfon, Willidm Delano, Elijah Cujhmg, Gad Hitch- 
proved by the cocky]\xn, and Joftah Cujhitig, and to their fucceflbrs, as Truftees 
Truftees. of faid Church and Congregation forever 5 to be by them 
managed to the beft advantage, to the fole purpofe of fupport- 
ing the preached Gofpel in faid precincl -, to be applied to faid 
purpofe when, and not before faid fum, by the addition of 
accruing interefk, or othervvife, fhail produce the annual fum 
of ofie hmulyed and tiventy pounds. And the Truftees aforefaid, 
their fuccelibrs, and the agents or officers that may be appoint- 
ed in purfuance of this A<St, are hereby required, in conduct- 
ing the concerns of faid truft, to regulate themfelves conform- 
ably to the true dellgn and intention of the Vote or A£l: of 
faid Church, on which the application for the paffing of this 
Adl was grounded. 

Sect. 3. And he it further etiaBed by the authority aforefaid^ 
Common feal That the laid Truftees and their fucceffors'ihall have one com- 
mon leal, which they may make ufe of in any tranfaction that 
may relate to their faid office of Truftees ; and they ihall have 
power and authority to change, alter or renew the fame at pleaf- 
ure ■, and they may fue and be fued in all actions, real, pcrfonal 
or mixed, and profecute or defend the fame to final judgment 
and execution, by the name of The Trujlees of the Church and 
Congregation in the fecond PrecitiB in Pembroke, as aforefaid. 
Sect. 4. And be it further ena&ed by the authority aforefaid, 
I»Dwer of the That the faid Truftees and their fuceeftbrs fliall have full power 
Iruftecs. 2nd authority to ele61 fuch officers or iigents, and to make and 

eftablKh fuch rules and orders, not repugnant to the Conftitu- 
tion and laws of this Commonwealth, as they Iball judge to be 
neceflary and convenient for the orderly and beneficial man- 
agement of the aftairs of faid truft, according to the various 
occafions and circumftances thereof. 

Sect. 5. Ajid he it further enacted by the authority aforefaid. 
Number. That the number of faid Truftees Ihall be five ; a major part of 

whom, prefent at any ftated meeting, fliall decide all queftions 
that may properly come before thenik 

And to perpetuate the fticceflion of the fxid Truftees : 

Sect. 6. Be it further enacted by the authority aforefaid. That 

SuccefTors of as often as one or more of the faid Truftees fhall die, refign or 

1 ruftecs pel- removc, or in the judgment of the major part of faid 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, or the major part of 

them, at fome ftated meeting, fhall elect by ballot one or more 

perfons, being reputable freeholders, belonging to faid church 

Fiovlfo. or congregation, to fupply fuch ^'acancy or vacancies : Provided, 

That any vacancy occafionad by the death, rciignation, removal 

or 



PEMBROKE SOCIETY. Ft-^.io, An.1795. 7 

or incapacity of a deacon fhall be fupplied by the ele£lion of a 
deacon in faid church, if there be any deacon belonging to the 
fame. 

Sect. 7, jind be it further enaEled by the authority aforefaidy 
That the Truftees aforefaid and their fuccefTors, be, and they Truftces capa- 
are rendered capable in law to take, receive and convey any ^'^ °^ holding 
1 J r \ r ■ c -1 11 property to a, 

lands or tenements, for the lecunty or any monies loaned, be- certain amount, 

longing to faid truft, or which may be purchafed with any part 
of the funds belonging to the' fame •, and that they be, and they 
are hereby alfo rendered capable in law to take and receive by 
gift, grant, devife, bequeft, or ptherwife, any lands, tenements 
or other eftate, real or perfonal : Provided, That the annual 
income of fuch -real ellate fhall not exceed the fum of cne hun- 
dred pounds ; and the annual income of fuch perfonal eftate 
fhall not exceed the fum of one hundred pounds ; (both fums to 
be eftimated in filver, 2lI fix JJjil lings and eight pence by the ounce) 
to have and to hold the fame to the faid Truftees, and to their 
fuccefTors in that office, on fuch terms and under fuch provif- 
ions and limitations as may be exprelTed in any deed or infbru- 
ment of conveyance to them made, and which may be confident 
with the original defign of this incorporation. 

Sect. 8. Jlnd be it further enaEled hy the authority aforefaidy 
That there fhall be held a meeting of faid Truftees as foon as Meeting of th^ 
conveniently may be, after paffing this A(fl, and afterwards once Truftees. 
every year, at leafl, on fbme day to be ftated by faid Truftees, 
annually, forever. And there Ihall be fuch other meetings, to 
be held at fuch times and places, and to be notified and called 
in fuch way and manner as the faid Truflees at any annual 
meeting may determine. 

And that the ffate and circumftances of faid trufl may be 
known from time to time : 

Sect. 9. Be it further enaBedby the authority aforefaid. That 
it fliall and may be lawful for the inhabitants of faid precinft, 
at any legal meeting thereof, not exceeding once in any one 
year, to call upon the faid Truflees for an accurate flatement of Truftees to ex- 
their accounts; and it fhall be the duty of the Truflees afore- jj^^^*^^^ ^f^T' 
faid, or fome one of their officers, for the time being, to exhibit counts. 
an attefled copy of fuch ftatement accordingly. 

Sect. 10. Be it further enaBedby the authority aforefaid, 'Yhzt 
jofiah Smith, Efq. be, and hereby is authorized and diredled to jofiah Smith 
determine the time and place for holding the firfl meeting of to call a me<t- 
faid Truflees, and to certify them refpe^lively thereof, ten days '"S- 
at the leafl previous to holding the fame. 

[This A£\. pafTed February 10, 1795'] 

An 



H WESTOELD RIVER BRIDGES. Ff^io, An.1795. 

An ACT for erecting and maintaining a Bridge over 
Wejifuid River, in the Town of Norwich, in the 
County of Hanipjhire. 

Preamble. "TXT HERE AS a bridge over Wejljield River, in the town of 
V V Norwich, ■ anr.l county of HafiiJ^jin; is very necefTary 
for the accommodation of travellers, and the place where faid 
bridge is propofeci to be built will not greatly accommodate the 
inhabitants of the town of Norivichy who are obliged by law to 
maintain a bridge over the fame :, ' 

Sect, l . Be it therefore enacTed by the Senate and Houfe of 
Reprefeniati"jeSy in General Court djfembled, and by the authority of 
Bridge to be e- ^^^ y^;^;^,^ That a fufficient bridge, for the accommodation of 
^^ ^ ' travellers fhall be erecled over faid Wcjlfield River, at the place 

where the bridge formerly flood, which was built by the Com- 
monwealth, in faid town of Norwich ,- one half of which to be 
at the expenie of faid county, and the other half to be borne 
by the laid town of Norwich, And the Juflices of the Court 
of General Seffions of the Peace for faid county of Hampfhife 
are hereby authorized and directed to order fuch bridge to be 
ere£led,.Hnd the one half of the expenfe thereof flrall be borne 
by and affeffed upon the inhabitants of faid county of HampJIjire^ 
and the fame fliall be affefled, collected, paid into, and ordered 
out of the treafury of faid county, in the fame way and manner 
as other county charges are. 

Sect. 2. And be it further enabled. That a bridge over faid 

■r- how main- river, at the place above mentioned, Ihall hereafter be main- 

t^^ned. tained, repaired and fupported, in manner as is herein before 

dhefted, until the Legiflature of this Commonwealth fhall oth- 

erwife order. 

[This A£l paiTed February lo, 1795.] 

An ACT authorizing David Morley, of Weji-Spring" 
field, in the County of Hampfhire, to build a Toll- 
Bridge over Wejifeld River, in faid County, and 
to enable him to fupport the fame, 

o TiE it enaEied by the Senate and Houfe of Reprefenta- 

■*-^ tives, in General Court ajjemhled, and by the author^ 

ity of the fame, That the faid David Morley be, and he is hereby 

liivid Morlej authorized and empowered to build a bridge over Weflfield 

auLhonzed. Ri^er, near the late dwelling-hcufe of Stephen Noble, decealed. 

Sect. 2. Be it enabled, That to reimburfe the faid David 

Morley, for his expenfe in building and fupporting faid bridge, 

Toll cftablifb- ^ ^^^^ he, and liereby is granted and eflablifhed for the ufe and 

ed. benefit of the faid David Morley, his heirs and affigns, accord- 

— , rates of. ing to the rules and rates following, viz. For e; ch foot pafTcnger, 

one cent ; for one perfon and a horfc,yc?/r cents ; for each horfe 

itnd 



POLAND. F^^.i7,Atf. 1795. 

and chaife, riding chair or rnlkeyy ten cents ; for each fleigh, 
fled or cart, drawn by one horfe or other beaft, eight cents ; for 
each fleigh drawn by more than one horfe, tiue/ve and an half 
cents ; for each coach and other four-wheel carriage for convey- 
ing perfons, twenty cents ; for each waggon, cart, fled, or ^Blter 
carriage, drawn by more than one beaft, with one driver, twelve 
and half cents ; for neat cattle, in a drove, each one cent ; for 
horfe kind, in a drove, or led, each one cent ; for each fheep or 
fwine, half a cent. And at all times when the toll-gatlierer 
fhall not attend to receive the toll, the gate or gates, if any, 
fliall be left open and free for palfengers ; and the toll fliall 
commence whenever the bridge fhall be fit and fafe for carriage 
to pafs over it, and fhall continue to the faid David Morley^ his 
heirs and afllgns forever : Provided neverthelefsj That the Gen- 
eral Court Ihall have a right to alter the rate of toll after the 
term of twenty years. And faid bridge fhall be kept in good, 
fafe and pafTable repair j and at the place where the toll fhall 
be received, there fhall be erected and conftantly expofed to 
open view, a fign-board, with the rates of toll of all the tollable Sign-board, 
articles, fairly and legibly written thereon. 

Sect. 3. Be it enaciedy That the faid bridge fhall be built 
of fuitable materials, fixteen feet wide at leaft, and railed on 
each fide three feet high ; and if the faid David Morley fhall 
neglect, for the term of three years after palling this A6t, to 
build laid bridge, then this A6t fhall be void. 

[This Act pafTed February 10, 1795.] 

An ACT to incorporate a certain Traft of Land, in 
the County of Cumberland, into a Town by the 
Name of Poland. 

q JDE it enabled by the Senate and Houfe of P.eprefenta- 

■*-^ tiveSy in General Court ajfembledy and by the authority 
of the fame y That the following delcribed tradt of land, viz. Be- „ , . 
ginning at a great rock, in Amarifco^gin Fallsy called the Twetity corporated. 
Mile Falls ; then running fouth-weft to New-Gloucefler fide-line ; 
then by faid line to the north-eaft corner of the faid New^ 
Gloucejler ; then fouth-weft, on the head-line of New-Gloucfler, 
four miles ; then running north-Aveft, about feven miles and one 
quarter of a mile, to Hebron ; then running north-eaft by He- 
bron line, to Turner ; then by Turner line, to Amarifcoggin River ; 
then down fiiid river to the bounds firft mentioned, together 
with all the inhabitants thereon, be, and they hereby are incor- 
porated into a town by the name of Poland. And the faid 
town is hereby invefted with all the powers, privileges and im- 
munities which other towns in this Commonwealth do or may 
enjoy by law. 

Sect. 
Vol. IL B 



lo LITCHFIELD. Feb. 1 8, An. 1 795. 

Sect. 2. And he it further cnaBed by the authority ajorejaidy 
\Vm. Wedgery That William Wedgcry^ E^q- be, and he hereby is empowered 
empowered, to illue his warrant, directed to feme fuitable inhabitant of faid 
town, requiring him to warn the inhabitants thereof, quaUfied 
as Iflile law dife£ls to vote in town-meeting, to meet at fome 
convenient time and place, to choofe all fuch officers as towns 
are by law required to choofe in the month of March or April 
annually. 

[This Acl pafTed Fehruary 17, 1795-] 



An ACT to incorporate the Plantation of Smithjlcld,, 
in the County of Lincoln, into a Town by the Name 
of Litchjield. 

^j IJE it enncled h the Senate and Houfe of Rcprefcnta- 

tives, in General Court ajfcmhledy and by the author- 
ity ofthejame^ That a certain tracl of land, bounded as followeth, 
•p A ' • . '^iz. Beginning at the north-eaft corner of the town of Bowdoiny 
corp'orated.^ thence running weft-north-weft, on faid Bowdoin north line, 
feven miles ; thence running north-north-eaft about four miles, 
to the fouth line of the town of Monmouth ,- thence running 
eaft-fouth-eaft, in the fouth line of faid Monmouthy to the fouth- 
eafterly corner thereof ; thence running north-north-eaft, In 
the eaft line of faid Monmoufhy fix miles to the town of Win- 
throp ; thence running eaft-fouth-eaft, in the fouth line of JVin- 
thropy to Cobbifee Contee Pond ; from thence eaft-fouth-eaft, to the 
wefterly line of HaUoivell ; thence running Ibutherly on faid 
Hallonvcll to the town of Piilfron, and continuing foutherly on 
faid Pittjiony in the wefterly line thereof, to the north-weft cor- 
ner of Bowdoinhara ; thence foutherly by faid Boiudoinhauiy to 
the bound firft-mentioned, together with the inhabitants thereon, 
' be, and they hereby are incorporated into a town by the name 

of Litchfield : Ancl the faid town is hereby veftcd with all 
the powers, privileges and immunities which other towns with- 
in this Commonwealth do, or may enjoy by law. 

Sect. 2. And be it further enacted by the authority nforefaid, 
Jedidiahjewctt That Jedidiah Jeivetty Ei'q. be, and he hereby is empowered to 
empowered. \^\xq his warrant, directed to fome fuitable inhabitant of faid 
town, requiring him to notify and warn the inhabitants thereof 
to meet at fome fuitable time and place, for the purpofe of 
choofinjT fucli ofticcrs as towns ai"e required to choole in the 
month of March or April annually. 

[This Adt palled February 18, 1795.] 

An 



LEWISTON....NEW-MILFORD. Feb.iS,An,iygS' " 

An ACT to incorporate the Plantation of Lewi/lown, 
and the Gore, (lb called) adjoining, in the County 
of Lincohi, into a Town by the Name of Le%ui/ion. 



Sect. i. 



"DE it enacled by the Senate and Hotife of Rcprefenta- 
-^ tives, in General Court ajfembled, and by the author- 



ity of the fame, That the following defcribed tracl of land, lying 
on the eafterlv fide of Androfcoggin River — Beginning on the Boundaries in- 
bank of faid river, at tlie moft wefterly corner of the town of corporated. 
Greene ; thence running fouth-eaft, in the foutherly line of 
faid town, about fix miles, to the Plymouth Company s line, at 
the fouth-eafi:erly corner of Greene aforefaid •, thence foutherly, 
in the line of the Plymouth Company's claim, fix miles and two 
hundred and thirty rods ; thence fouth-wefi:, about two hundred 
and fixty rods, to Androfcoggin River ; thence northerly, by faid 
river, to the bound firll:-mentioned, together with the inhabit- 
ants thereon, be, and they hereby are incorporated into a town 
by the name of Leivijhn. And the faid town is hereby vefted 
with all the po\vers, privileges and immunities which other 
towns v/ithin this Commonwealth do or may enjoy by law. 

Sect. 2. And be it further enacled by the authority aforefaidy 
That Benjamin Merrill, Efq. be, and he is hereby empowered Benj. Merrill 
to ifTue his warrant, directed to fome fuitable inhabitant of faid ""powtred. . 
town of Leiviflon, requiring him to notify and warn the inhab- 
itants thereof to meet at Ibme convenient time and place, to 
choofe fuch officers as towns are by law required to choofe in 
the month of March or April annually. 

[This A6t paffed February 18, 1795.] 

An ACT to fet off Part of the Town of Newca^QL\ in 
the County of Lincoln, and to annex the fame to 
the Town of Neiv-Milford, in faid County. 

^ JDE it enacled by the Senate and Houfe of Reprefenta- 

Sect. i. jy ^.^^^^^ ^^^ General Court ajfembled, and by the author- 
ity of .'he fame, l^liTit all the lands lying within the following lines, Boundario. 
now belonging to the town of Newcafle, in the county of Lin- 
coln, beginning at the great bend of Sheepfcott River, on the 
foutherly line of Samuel Simp/ens land ; thence north-eafterly, 
on faid Simp/on s line, in the fame direction, till it comes to the 
dividing line between laid Newcajlle and BaHjhiun ; thence on 
faid dividing line north-wefterly, till it ftrikes l^iid Sheepfcott 
River ; thence down faid river, to the bounds firft-mcntioned ^ 
with the inhabitants thereon, hQ, and the feme are hereby fet 
oft' from faid town of Newcafle, and annexed to the faid town 
of New-ALilford : Provided, That the inhabitants living on 
fud tradl of "land fliall be holden to pay their proportion of all 
Jcjral taxes which have been aileffed, ordered or voted to be 

laid 



12 SHAPLEIGH DIVIDED. />^. 24, An. 1795. 

laid on faid town of Neivcajlle^ by the Inhabitants thereof, or by 
the General Court, in the fame manner as though this A61 had 
never pafTed. 

And in order for an equal diftribution of public property, be- 
longing to faid town of NewcaJIle, and that thofe who are fet 
off as aforefaid fliould bear a due proportion of the public bur- 
den now lying on the fame : 

Sect. 2. Be it further enaEled by the authority aforefaid^ That 
Poor to be fup- the ^inhabitants fet off as aforefaid fliall be holden to pay their 
ported by both proportion of the expenfes of fupporting all fuch poor perfons 
towns. ^ ^^g ^^^ fupported by the town of Newcn/lle^ and fhall be en- 

titled to receive an equal proportion of all public property, of 
every kind, belonging to faid town •, each to be coinputed ac- 
cording to the polls and rateable eftate they feverally held and 
were taxed for in the laft valuation, any law to the contrary 
notwithftanding. 

Sect. 3. Jind be it further enacted by the authority aforefaid^ 

^ , . ^ That in all State taxes, which fhall hereafter be granted by the 
Taxes how af- • r> • ■ 

feflcd. General Court of this Commonwealth, until a new valuation 

Ihall be fettled, one fixth part of the taxes wliich would have 
been fet to the town of Newcafile^ according to the laft valua- 
tion, fliall be taken therefrom, and fet to the faid town of 
New-Miford. 

[This A£t paffed February i8, 1795.] 

An ACT for dividing the Town of Shapleigh into two 
Parifties. 

TlE it enaEled by the Senate and Houfe of Reprefenta- 
•^ tives, in General Court ajfembled^ and by the author- 
ity of the fame^ That there be erefted in the town of Shnpleighf 
in the county of Tork^ a parifli, bounded and defcribed as 
_ . .follows, viz. Beginning on the head line of Lebanon, at the 

the firft pavifli ei^d of the eaft fide line of the fixth range of lots in faid Shop- 
in Shapkigh. Itigh ; thence running wefterly on the head line of Lebn?jony 
until it comes to the fouth-wefterly fide of faid Shapleigh ; 
thence on the line of Shapleigh, to the line of the State of 
New-Hampflnre ; thence northerly on faid State, to Little OJJi- 
pee Pond, and on that pond to Little Offipee River, and down 
faid river, to the range line firft mentioned, where it meets faid 
river ; thence foutherly on faid line, until it comes to a point 
in fquare Moufom Pond, which would be fi:ruck by the contin-r 
uation of the line between the lots numbered Eight and Nine, 
on the fourth range of lots in Shapleigh ; then from the fiiid 
point due eaft, to the weft fide of Moufcm Long Pond ; then 
foutherly on that pond, to the eaft line of the fifth range 5 
then on that line to Lot, Np. 2, in that range ; thence on the 

northerly 



OECT 



PITTSFIELD WATER-WORKS. Feb. 2 5, An^iyg^. 13 

northerly fide of faid lot to the eafterly line of the fixth 
range aforefaid ; thence on the eaft fide of faid range, to the 
bound firft mentioned : Which fame pariih, bounded and 
defcribed as aforefaid, fhall be the firft pariih in faid town of 
Shapldig/j, and fliall be entitled to fuch immunities and fub- 
jedled to fuch duties, as other pariilies in this Commonwealth 
are under. 

Sect. 2. y^nd be it etm^ed. That the refidue of the fame 
town fhall be the fecond parifh therein ; and have the fame Second, 
privileges and be fubjedled to the fame duties as are legally 
incident to other parilhes within this Commonwealth. 

Sect. 3. And he it enaEled by the authority aforefaidy That 
William Rogersj Efq. be, and he is hereby authorized to ifllie 
his warrant, diredted to fome principal inhabitant in each Warrant to be 
parifh aforefaid, requiring them to warn the inhabitants ^^^'^'^' 
thereof, qualified by law to vote in pariflii meetings, to afTem- 
ble at fome fuitable time and place in faid parilhes, to choofe 
fuch officers as parifhes are empowered to choofe, in the 
month of March or April annually ; and to tranfa^t all mat- 
ters and things necellary and lawful to be done in faid parifhes 
as aforefaid. 

■ [This A£l: pafied February 24, 1 795.] 

An ACT to incorporate Si?non Lamed and others, 
for the Purpofe of conveying Water by Pipes into 
the Centre of the Town of Pittsjield, by the Name 
of " The Proprietors of the Water-Works in the Middle 
of the Town of Pittsfeld** 

Q, r)£ zV enacted by the Senate and Hottfe of Reprefcnta- 

-*~* tiveSy in General Court ajfembled, and by the authority 
of the famey That Simon Larned, fohn Chandler Williams ^ Will~ 
iam Kittredge, fo/hua Danforthy Thomas Goldy and fuch other Perfons incof 
perfons as. may become Proprietors in the faid Water-works, porated. 
be, and they hereby are conftituted a Corporation and Body 
Politic, for the purpofe of conveying water by pipes into the 
centre of the town of Pittsfeld, by the name of The Proprie- 
tors of the Water-ivorks in the middle of the town of Piitsfieldy 
and by that name may fue and be fued to final judgment and 
execution, and do and fufl'er all matters, acls or things which 
Bodies Politic may or ought to do and fulFer. And the faid 
Corporation fhall and may have and ufe a common feal, and 
the fame may break and alter at pleafure. 

Sect. 2. And be it further enacted^ That the faid Siman Lar- 
tiedy John Chaiidler Williains, William Kittredge, Jofma Danforth, 
ftnd Thomas Goldy or any three of them, may, by advertifement — empowered 

pofled 5" ''^^^ "'««^- 
^ ings. 



14 PITTSFIELD WATER- WORKS. 'Feb. 25, An.iyg 5. 

pofled up at the houfes of Darius Lamed and Jo/.vi Strong, in 
{^'id F/tisJie/dfWzrn or call a meeting of the faidProprietorSjto be 
held at faidP/V/.f/f^/f/, at any luitable time after feven days from 
the porting up fuch advertifement : And the faid Proprietors, by 
J, a vote of a majority of thofe prcfent or reprcfcTited at faid 

meeting, accounting and allowing a vote to each Ihare, in all 

tochoofe cafes, Ihall choofe a Clerk, who ihall be fworn to the faithful 

a Clerk, and el- difcharge of his office ; and alfo ihall agree on a method for call- 
Eioi^ '*'^"'^" ing future meetings ; and at the fame or any fubfequent meet- 
ing may make and eftablifh any rules and regulations that 
fhall be convenient or neceffary for regulating the faid Cor- 
poration, effecfting, completing and executing the purpofe 
nforcfaid, and the fame rules and regulations may caufe to be 
kept and executed, and for the breach of any of them may 
order and enjoin fines and penalties, not exceeding four f)o»nds : 
Provi/a Provided, That faid rules and regulations be not repugnant to 

the Conflitution or laws of the Commonwerdth ; and the faid 
Proprietors may alfo choofe and appoint any other officer or 
officers of the Corporation 5 and all reprefentations of the faid 
Proprietors, at faid meetings, fliall be proved by a fpecial ap- 
pointment in writing, ligned by the perfon making the repre- 
fentation, which ihall be tiled with, or recorded by the Clerk ; 
AA rules and ^^'^ this Act, and all rules, regulations and votes of faid Cor- 
regulations to poration fhall be fairly and truly recorded by their faid Clerk, in 
be recorded, j. book or books for that purpofe provided and kept ; which 
book or books fhall be fubje<Sl to the infpeftion of any perfon 
or perfons for that purpofe appointed by the Leglflature. 

Sect. 3. j^fid be it further enaclcd hj the authority afore faidy 
proprietors That the faid Proprietors be, and they are hereby authorized 
^'"Pf^^'"'^'' *j ^^d empowered, within the term of three years from the 
complete the p^'fii^g t.'his A(St, to conftrudt and complete faid pipes j and 
work. for the purpofe aforefaid, to enter on and dig up any high- 

way or town road, which may be nccefTary to complete laid 
Water-works, and therein to put and place fuch pipes as may 
be necclinry, and at all times to enter thereon, for the purpofe 
of repairing laid pipes, whenever they may require it ; prc^ 
vidfd' they do not thereby obftrucfc the paffing and repaffing of 
fuch as may have occaflon to ufe the fame road or highway. 

Sect. 4. j4ftd be it further enacted. That if in any inftance 

it may be necefTary for the faid l^'oprietors to lay the faid 

pipes over or through the land of any infant, feme covert, or 

ContraAs may perf<;)n ncn compos mentis, the hufband of inch, fine covert, and 

be inade with the guardian of fuch infant, or perfon non compos mentis, re- 

gnardiaiis, &c. fnedtivelv, may make any aereemcnts, or do any other matter 

m cale of nia- ^,.-'/-o- ii e- 1/ r-i- 

kility. ^^ thmg rcipectnig the damage occalioned by laid pipes, 

which they might do, if the fame land was by them holdcn 



in their ovv^n rights refijcc^ivclv. 



!LCJ'. 



NEW-SALEM ACADEMY. Feb, 25, An. 1795. 1^ 

Sect. 5. And be it further enaHed, That any Proprietor's 
fhare or (hares in laid Water-works may be transferred by Shares may he 
deed, acknowledged and recorded by the Clerk of faid Cor- transferred liy 
poration, in a book to be kept for that purpofe ; a,nd when -^^ ' ^"^ ]'" 
any fliare or fliares of faid Water-works fhall he attached as inent. 
the property of any of faid Proprietors, on tnefne proccfs^ an 
attefted copy of fuch procefs flaail be left with the faid Pro- 
prietor's Clerk, at the time of fuch attachment, otherwife the 
fame fhall be void. 

Sect. 6. And be it further enacted^ That if the faid Corpo- 
ration fhall not complete the faid Water-works within three Time limited 
years from the paffing this Act, then this A61 fliall be void to complete the 
and of no effe61: : Provided akvn\Si That if at any time the faid work. 
Proprietors, after the end of faid three years, find it conveni- 
ent to make or lay down any additional pipes, to complete and 
carry the faid Water-works to a further extent, they may do 
the fame, notwithftanding the faid limitation. 

Sect. 7. And be it further enaEledt That If any perfon fhall 
injure or deftroy any of the faid pipes, he fliall be fubjected injuries done 
to the fame pains and penalties as are provided by the fecond fubjed to pen- 
fedllon of the A61, entitled, " An Acl for the more effectually ^^l^ies provided, 
preventing of trelpafles in dlvei's cafes," palTed the twenty- 
third day of November, one thoufand feven hundred and 
eighty-five ; and fhall alfo be liable to make good all damages 
fo done to the faid Proprietors. 

[This Aft palTed i^f/'r7/,^/-j' 25, 1795.] 



An ACT for eftablifliing an A^cademy in the Town of 

New-Salem, by the Name oi' Ne-iv-Sak/n Academy. 

WHEREAS a fultable number of Academies within this pi.^anibl 
Commonwealth will be of common benefit ; and It 
appears that the town of Neiu-Sa/et?i have erected and agreed 
to maintain a convenient building for that purpofe ; to effect 
which defign more fully, it is neceirary to eftablilh a Body 
Politic : 

Sect. i. Be it therefore enaBed by the Senate and Houfe of 
ReprefentntiveSy in General Court ojjemhled., and by the authority 
_ff the fame. That there be, and hereby is eftabliflied in the Academy ef- 
town of Nenxj-Zaleni, in the county of Hamp/Inre, an Academy tabliihed. 
by the name of New-Sakm Academy, for the purpofe of pro- 
moting piety, religion and morality, and for the inftrucStlon of 
youth in fuch languages, and in fuch of the liberal arts and 
fciences, as the Trufiiees lliall direct ; and that the Rev. foel 
Fofler, the Rev. Solomon Reed, the Rev. Jofph Blodget, the 
Rev. Jofeph Kilburn, David Smead, Efq. John Goldfoury, Efq. 
Jonathan Warner, Efq. David Sexton, Efq- Uhenezer Matooti, 

jun. 



i6 NEW-SALEM ACADEMY. />^. 25, An. 1795. 

jun. Efq. D;mtel Bigelow, Efq. Martin Kin/ley, Efq. Ezekiel 
-, A Kellogg Jan. Efq. Samuel Kendall^ Vartiey Peirce, and y^ Men^ 

nointeA «w» be, and they hereby are nominated and appointed Truf- 

tees of faid Academy ; and they are hereby incorporated into 
a Body Politic, by the name of The TruJJees of Ncw-Salem 
Academy ; and they and their fuccelTors fhall be and continue 
a Body PoHtic, by the fame name forever. 

Sect. 2. And he it further enaBed^ That all grants or dona- 
Grants and do- tions which have been, or fhall hereafter be made, for the 
nations con- purpofe aforefaid, fliall be confirmed to the faid Truftees and 
firmed to the ^^^^ fuccelTors in that truft forever, for the ufes which in fuch 
inftruments are or fhall be exprelled ; provided, fuch ufes fhall 
not be repugnant to the deflgn of this A<SV : — And the faid 
Truflees fliall be further capable of having, taking and holding 
in fee fimple, by gift, grant, devife, or otherwife, any lands, 
tenements or other eflate, real or perfonal •, provided the an- 
nual income of the whole fhall not exceed the fum of one 
thoufand poimds, for the fole ufe and benefit of faid Academy. 
Sect. 3. Be it further enacted b^ the authority aforefaidy 
Truftees em- 'fhat the faid Truftees fliall have full power from time to 
eledf^^ officers" time, as they fhall determine, to eledt fuch officers of the faid 
&c. ' Academy as they fliall judge necefTary, and fix the tenure of 

their refpe£tive offices ; to remove any Truftee from the Cor- 
poration, when in their opinion he fhall be incapable (through 
age or otherwife) of difcharging the duties of his office ; to 
fill all vacancies by ele6ting fuch perfons for Truftees, as they 
fhall judge beft j to determine the times and places of their 
meetins;s j the manner of notifying faid Truftees ; the method 
of electing and removing Trufl:ees ; to afcertain the powers 
and duties of their feveral officers ; to elecl preceptors and 
ufliers of faid Academy ; to determine the duties and tenures 
of their offices ; to ordain reafonable orders and by-laws, not 
repugnant to the laws of this Commonwealth, with reafonable 
penalties for the good government of faid Academy ; and 
afcertain the qualifications of the ftudents requifite to their 
admiflion ; and the fame rules, orders and by-laws at their 
pleafure to repeal. 

Sect. 4. Be it further enacled by the authority aforefaid. 
That the Truftees of the faid Academy may have one com- 
eommon feal. mon feal, which they may change at pleafure j and the faid 
Truftees fliall have full power and authority to leafe and man- 
age their lands and tenements, and all other eftate, and to bar- 
gain, fell and difpofe thereof where they fhall not be reftrained 
Provifo. by the terms of any gift or devife ; provided, that for the fale 

of any real eftate, the concurrence of two-thirds of all the 
Truftees, for the time being, fhall be necefTary ; and all deeds 
or contracHis fealed with the common feal of the faid Corporation, 
and figned by any Truftee, purfuant to their order, fhall be 

valid 



JAY. Feb. 26, An. 1 795, 17 

valid and efFe£tual in law to all intents ; and that the faid 
Truftees may fue and be {wed, in all a£tions, real, perfonal or 
mixed, and profecute and defend the fame unto final judg- 
ment and execution, by the name of Tie Trujlees of Neiv Saleni 
Academy. 

Sect. 5. And he it further enaElcd, That the number of Number of 
the faid Truftees and their fucceflbrs fhall not at any one time Truftecs. 
be more than fifteen, nor lefs than nine 5 nine of whom fhall 
conftitute a quorum for tranfa£i:ing bufinefs ; and a majority 
of the members prefent at any legal meeting, fliall decide all 
queftions proper to come before the Truftees. 

Sect. 6. And be it further enuEied, That Ezekiel Kellog, ^^fldel KcIIo 
Efq. be, and he hereby is authorized to fix the time and place empowered. 
for holding the firft meeting of the Truftees, and to notify 
them thereof. 

[This Acl paiTed iv^rwflfjj 25, 1795.] 

An ACT to Incorporate the Plantation, called Phipps's 
Canada^ lyii^g o" both iides Androfcoggin River, 
into a Town by the Name of Jay. 

q T)E it emiEled by the Senate and Houfe of Reprefent^ 

-^ atives, in General Court ajfanhled, and by the au- 
thority of the fame. That the plantation called Phipps^s Canada^ 
lying on both fides Androfcoggin River, bounded as follows, 
viz. — Beginning at a marked tree, ftanding in the north-eaft Eoundarlesa 
corner of Livermore ; thence running north fix miles one 
hundred and twenty-eight rods ; thence weft, four miles two 
hundred and feventy-two rods, to a beach tree marked ; 
thence fouth forty degrees, weft fix miles two hundred and 
eight rods to a pine tree, ftanding on the bank of Androfcog- 
gin River ; thence acrofs faid river the fame courfe, one hun- 
dred and eight rods to a hemlock tree •, thence fouth nineteen 
degrees eaft, till it interfe6ts a line running fouth fixty-five 
degrees weft, from the north-weft corner of Livermore ,- 
thence north fixty-five degrees eaft, to the north-weft corner 
o£ Livermore ; thence on the fame courfe, in the northerly 
line of faid Livermore, to Androfcoggin River ; thence eaft, 
acrofs faid river, in the line of faid Livermore, to the firft- 
mentioned bound, together with the inhabitants thereon, be, 
and l^reby are incorporated into a town by the name of fay, Jay incorporaa 
and vefted with all the powers, privileges and immunities ^^^' 
which towns in this Commonwealth do or may enjoy by law. 

Sect. 2. And be it fu*-ther enafled by the authority aforefaid. 
That Edivard Richard/on, Efq. be, and he hereby is empowered E. Richardfon 
to ifiue his warrant, dire<il:ed to feme fuitable inhabitant of ^'^i'"^"'^^' 

faid 

Vol, II. C 



xS S. SPARHAV;K.... STEUBEN. Feb, 27, An. 1795. 

faid town, requiring him to warn a meeting of the inhabitants 
of faid town, at fuch time and place as fliall be exprefied in 
faid warrant, for the purpofe jof choofing town officers, and 
(ranfacSling all fuch other bufinefs as towns within this Com- 
monwealth are by law empowered to tranfacl in the month of 
March or April apnu^Uy. 

[This Adl pafTed February 26, i/'pS-] 

An ACT fetting off Samuel Sparhaivk^ of Cambrich^e^ 
in the County of Middlefex^ from the South Parifh 
in CambridgQ^ and annexing him and his Eftate to 
the Firft Parifh in faid Town. 

T%E it enacted by the Senate and Houfi of Rcprcfef datives y in 

•^ General Court ajfembled^ and by the authority of the famey 

$. Sparhawk That the faid Samuel Spiirhaivk^ ■and the eftate now in his pof- 

(ct off. feffion, of which his late father died feized, belonging to the 

faid fouth pririih in Cambridge^ be, and hereby is fet off from 

the faid Ibuth pariih, and annexed to the firft parifli in faid 

Provi'Aj. town : Provided always, that this Aft fliall not include four 

acres of land, which in the life time of his father, Samuel 

Bparhawky was confidered as belonging to faid fouth parifhj 

nor any other eftate ot whicli the faid Samuel Sparhaivk, or his 

heirs, may be feized or pofleffed, other than that of which 

his late father died feized. 

[This Aft pafied February 27, 1795-] 

An ACT to incorporate the Plantation of Nutnber 
Four, in the County of Waf})ington, into a Town, by 
the Name of Steuben. 

T>E it enacted by the Senate and Ilotfe of Reprefenta" 
' -^ tivesy in General Court ajfembled, and by the author" 
ity of the fame^ That the Plantation of Number Four, in the 
county of IVaJhington, bounded as followeth, to wit : Beginning 
Boundai-ks, ^^ Parretfs ftream, where it empties into Whitten and Barrett's 
Ba^y at a well known boundary, between Gouldjhorough and 
faid plantation, and from thence running noi-th five miles one ' 
hundred and ninety-two rods, to a corner ; then eaft four 
miles one hundred and forty rods, to a corner ; then fouth 
fix miles, to Figeonhill Bay ; then foutherly, on the ftiore, to 
Titmenan Point ; thence northerly, on the eafterly fliore of 
Dyer's Bay, fo called, to the head of faid bay ; then foutherly, 
down the wefterly lide of faid bay, to Dyer^s Point ; then 
northerly, by the wefterly Ihore, to the bounds firft mention- 
ed, and aifo a fmall ifiand, called Titnwnan, lying a little more, 
than one mile from Tittnenan Point, together with two more 

fmall 



DECT 



BOSTON AQUEDUCT. Feb. ij, An.i'jg^.. 19 

fmall iflands, lying in faicl Dyers Bay, with the inhabitants 
-thereon, be, and they hereby are incoi-porated into a town, by 
the name of Steuben ; and the faid town is hereby veiled 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 enacted by the authority afcrefaid^ 
That Alexander Campbell^ Eiq. be, and he hereby is empowered Warrant to bt 
to ifflie his warrant, diredted to fome fuitable inhabitant of faid ^ffuetl' 
town, requiring him to warn a meeting of the inhabitants 
thereof, to meet at fuch time and place as fliall be exprefled 
in fuch warrant, for the purpofe of choofing fuch town of- 
licers as other towns are empowered to choofe in the month 
of March or April annually. 

[This MX palled February 27, I795«] 



An iiCT for incorporating Luther Fames, and others, Aa giving; « 
into a Society, for the Purpofe of bringing frefli "".Z—^tZ 
Water into the Town of Bojion, by fubterraneous •^?«^fl'«<sc<7r/<,-. 

Pine ration'' June 

» ' * 10, 1796. 

WHEREAS Luther Eames^ Nathan Bond, r.nd William Additional Adj 
Page^ have petitioned the General Court, fetting forth Juneaa, 1803. 
that they have the privilege of certain frefli waters in Roxbury, 
which they can bring into the town of Bojlon, for the ufe of the P^^^"^^'^« 
inhabitants thereof, and praying that they and their alTociates 
may be vefted with corporate powers for the management and 
direction of that buiinefs : 

Sect, i . Be it therefore enaEled by the Senate and Hcufe of 
Reprefefitaiives, in General Court ajpmbled, and by the authority 
of the fame, That the faid Luther Fame!, Nathan Bond, and Will- Perfons incor- " 
iatn Page, and all fuch perfons as are or fhall be afTociated and porated. 
interefted with them in the purpofe of bringing freih water into 
Bofon as aforefaid, and their fuccefTors, be, and hereby are in- 
corporated into, and made a Body Politic, for the purpofa of 
bringing frefli water into Boflon, by fubterraneous pipes ; and 
as fuch flaall have full power and lawful authority to brinsr from .1. • 
any part ot the town ot Koxbury mto the town of Bcfion, and er?. 
into any ftreet in the fama town, all i'uch freJh water as they 
the laid Luther Fames, Nathan Bond, and William Page, and 
their afTociates, or any, or ,<6ithcr of them, in their private and 
natural capacities now hi '^e, or hereafter fhall have a right to 
difpofe of, or to convey from the fprings or fources thereof*, and 
the faid Corporation Ihall have full power and lawful authority 
to open the ground in any part of the ftreets and highways in 
the towms of Roxbury and Boflcn, for the purpofe of fmking and 
Repairing fuch pipes and conduclors as may be neceiTary to link 
for the purpofe afoi-efaid ; Provided y That the fame highways ProTifff. 

and 



20 BOSTON AQUEDUCT. Ft^^. 27, An. 17 95. 

and ftreets fliall not be opened by the faid Corporation in fuch 
manner as to obftru£l or hinder the citizens of the Common- 
wealth from pafling therein, with their teams and carriages, with 
convenience ; and that the faid Corporation, after the opening 
the ground in any of the faid ftreets or ways, Ihall be held to put 
the fame again in repair, under the penalty of being profecuted 
for a nuifance ; and provided aljo^ That nothing in this Kdi fhall 
be conftrued to give the faid Corporation a right to enter upon 
the corporate or private efliate of any perfon whatever, unlefs it 
be done by free and voluntary contract of the Proprietor of fuch 
eftate ; or to give the faid Corporation authority to draw water 
out of Jamaica Pond, or from any other place which the mem- 
bers thereof, or fome of them, fliall not have a right to draw 
off in their natural capacities, independently of this Act ; or to 
aftecl, alter or impair any right, claim or intereft, which the 
town of Roxbury or any inhabitants thereof, have, or may have, 
in or to the waters of faid Jamaica Pond ; and that this A£l:, or 
any thing therein contained, fhall not be conftrued to prevent 
Pcrfons injured any perfon who fhall be injured in his eftate, immunity or 
in their intereft privilege, by any a6l or proceeding of faid Corporation, or any 
drefs o'f the of its members or fervants, from his action againft the members 
Corporation, of the faid Corporation, in their corporate or individual capaci- 
ties, in the fame manner, and to all intents and purpofes, as 
though this Adl had never been pafled. 

Sect. 2. JBe it further enaEled by the authority aforefaid^ That 
the faid Corporation fliall have power to receive and hold fuch 

Corporation ,„ ^ , n- r ^ c r -. • r • • 

may receive & real eftate as may be neceflary tor the purpoles ot its mititution, 
hold eftate. provided the fame never exceed the fum of thirty-three thoufand 
dollars. 

Sect. t,. Be it further enacted, That the Corporation fhall 
— empowered, have power to choole a Prefident, Secretary and Treafurer an- 
nually ; and to fill up all vacancies which xnay happen in thofa 
olhces, when they or any of them fhall become vacant ; and 
alfo to choofe annually five Dire£lors, to manage the prudential 
buftnefs of the Corporation ; and fhall have power, from time to 
time, to afiefs fuch taxes as the faid Corporation fhall deem to be 
necelTary on the fhares of the fame water-works, and on negle£l 
or refufal to pay fuch taxes, to fell fuch fliares at vendue, for 
the payment thereof, after advertifing the fame in two of the 
Bcfon newfpapers, for the fpace of twenty days previous to the 
fnle, paying the overplus, if any there be after the payment of 
luch taxes, and the charges of fale, to the owner of the fliare or 
Ihares fo fold. 

Sect. 4. And be it enaEled, That the fame water-works 

Water-works fhall be divided into one hundred fhares, each of which 

to he divided ^^^ gjyg ^ right to One vote in the buftnefs of the Corpora- 

i«to fhares, ^.^^^ provided that no one perfon. fhall have more than ten 

votes, olid no vote iliall be confidered as legal, unlefs the fame 

fhall 



FAYETTE. Feb. 28, An. 1 795. 31 

fhall be paffed at a meeting duly warned, in manner prefcribed 
-in this Acl, and that the Prelident or Vice-Prefident and five 
Proprietors fltall be prefent. 

Sect. 5. And be it further enaFied^ That tlie faid Corpora- 
tion fhall have a common i'cal, and fhall have power to fue and 
be liable to be fued like other Corporations. 

Sect. 6. And he it further enatled^ That the towns of Bo/ion 
and Roxbury^ feverally, fhall have the privilege of placing con- Privilege of the 
duftors into the pipes or conduflors laid by the faid Corpora- inhabitants, 
tion, for the purpofe of drawing fuch water therefrom as may 
be necefTary, when any manfion-houfe, barn or other building 
fliall be on fire in either of the faid towns, and to draw water 
therefrom on fuch occafion, without paying the faid Corpora- 
tion any price therefor : Provided, That fuch town fhall be held 
to fecure luch condudlor fb placed by the fame, in fuch manner 
that water cannot be drawn therefrom, unlefs by the orders of 
the Seledlmen or Firewards of the town where the fame may 
be placed. 

Sect. 7. And be it enalied, That all contracts made by the 
faid Corporation for fupplying any of the inhabitants of either /. t 

of the faid towns, or any other perfon, with water from the faid ^^ ^^ bindine * 
water-works, fhall be mutually binding on both parties, and that 
actions may be fupported thereon ; and that if any perfon fhall 
malicioufly or wantonly injure the faid water-works, he or fhe p „ 1 • 
may be punifhed by fine, on conviftion thereof in the Supreme 
Judicial Court, on indi6lment, at the difcretion of the fame 
Court ; one half thereof to the profecutor, and the other to the 
ufe of the town where the offence is committed \ and fhall be 
liable to pay treble damages to the Corporation, to be recovered 
by acftion of the cafe. Provided^ That nothing in this A61 fhall Provifr, 
be conftrued to reftrain the General Court from hereafter re<r- 
ulating the price of the faid water to the faid inhabitants, if the 
faid Court fhall judge fit. 

Sect. 8. And be it further enacledy That James Sul/ivan, ]■ Sullivan,Efq. 
Efq. upon the application of the faid Eames, Bond and Page, empowered, 
fhall be empowered to call the firfl meeting of the faid Corpo- 
ration, by a notification in one of the Boflon newfpapers, four- 
teen days previous to fuch meeting, and that the Corporation 
at fuch meeting fhall agree on the mode of calling future 
meetings. 

[This A<St pafTed February 27, 1 795.] 

An ACT to incorporate the Plantation called Sterlings 
in the County of Li?2co/n, into a Town by the Name 
of Fayette, 

<<p__ jnE it e?taBed by the Senate a fid Houfe of Reprefenta- 

■*~^ tives, in General Court ajpmb/ed, and by the authority 

^ the fame. That the plantation called Sterling, in the county of 

Lincslrtf 



22 LIVERMORE. P^Z^. 28, An.1795. 

Lincoln^ bounded as follows, viz. Beginning at the north-eaft cor- 
jJoundaries. ^^^ q£ £^j:y^jr„iQj'g ;thence running fouth, in the eaft line of Livers 
mot'fy feven miles and ninety rods ; thence eaft, about three miles 
and ninety rods, to the Thirty Mile River, fo called ; thence north- 
erly, by faid river, to Lane's Pond, fo called ; thence northerly, by 
faid pond, on the eafterly fide thereof, to the moft eafterly and 
northerly branch of the fame ; thence north, to the moft fouther- 
ly and eafterly hrznch oi Crotched Pofid ; thence on the fame 
courfe to the foutherly line oi Mount Vernon ; thence wefterly, in 
faid foutherly line, to the fouth-weft corner of Motmt Vernon ; 
thence northerly, in the wefterly line oi Mount Vernon, to the 
north-eafterly corner of faid Sterling; thence north,eighiy degrees 
weft, about ^ive miles and thirty I'ods, to the firft-menlioned 
bound, together with the inhabitants thereon, be, and here- 
by arc incorporated into a town, by the name of Fayette ; and 
the faid town is hereby veftcd with all the powers, privileges and 
immunities which other towns within th.is Commonwealth do 
or may enjoy by law. 

Sect. 2. Aiidbe it further enabled by the authority aforefaidy 
Warrant to be That Robert Page, Efq. be, and he hereby is empowered to ifllie 
iffued. his warrant, directed to fome fultable inhabitant of faid town, 

requiring him to warn a meeting of the inhabitants of faid 
town, at fuch time and place as fliall be exprefled in faid war- 
rant, for the purpofe of chooling town officers, and tranfa£ling 
all fuch bufinefs as towns in this Commonwealth are by law em- 
powered to choofe and tranfacl in the month of March or April 
annually. 

[This Aft pafled February 28, 1795.] 

An ACT to incorporate the Plantation called Liver-^ 
more, lying on both Tides Androfcoggin River, into 
a Town by the Name of Livennore. 

« T}E it enaEled by the Senate and Houfe of Reprefenta" 

■*^ tives, in Gefieral Court ajfcmbled, and b'v the author^ 
iiy ofthefame,Th7\X the plantation called Livennore, lying on both 
fides Androfcoggin River, and bounded as foUoweth, viz. Be- 
Boundaries. ginning at a hemlock tree, ftanding in the north-eaft corner of 
Turner, on the wefterly lide of Androfcoggin River ; thence run- 
ning north ftxty degrees weft, in the north-eaftcrly line of faid 
Turner, two miles, two hundred and ten rods, to a birch tree ; 
thence north, four miles, two hundred and forty rods, to a hem- 
lock tree, being the north-weftcrly corner of faid Livermore * 
thence north fixty-five degrees eaft, three miles and one hun- 
dred rods, to Androfcoggin River ; thence eaft, acrofs faid river, 
two miles, tv\'o hundred and fixty rods, to a birch tree, in the 
north-eaft corner of faid Livennore ; thence fouth, feven milesj 
two hundred and fifty rods to Androfcoggin Pond ; thence fouth- 
erly 



STARKS. Feb. 28, An.1795. 23 

erly by faid pond, about one mile and an half, to an elm trea 
{landing in the foutherly line of faid Livennore ; thence weft, 
in faid foutherly line, about two miles and one hundred and 
ninety-two rods, to Androfcoggin River ,• thence northerly by 
fiid river to the firft-mentioned bound, together with the in- 
habitants thereon, be, and hereby are incorporated into a town 
by the name of Liver more ; and the faid town is hereby vefted 
with all the powers, privileges and immunities which other towns 
within this Commonwealth do or may enjoy by law. 

Sect. 2. And be it further 'cnacled by the authority nforefaidy 
That Edmund Richardfon^ Efq. be, and hereby is empowered to Warrant to be 
iffue his warrant, directed to fome fuitable inhabitant of faid iiTued. 
town, requiring him to warn the inhabitants of faid town to meet 
at fome convenient time and place, expreffed in faid warrant, 
for the purpofe of choofing town officers, and tranfacling all 
fuch buHnefs as towns within this Commonwealth are empow- 
ered to choofe and tranfadl in the month of March or April 
annually. 

[This MX pafTed February 28, i''950 

An ACT to incorporate the Plantation called Lower 
Sandy River, in the County of Lincoln, into a Town 
by the Name oiStarks. 

c D-S ii enaBed by the Senate and Houfe of Reprefenta- 

tives, in General Court affembled, and b\ the author- 
ity of the fame. That the following defcribed tradl of land, lying 
on the weft fide of Kentjebeck River, beginning on the weft 
bank of faid river, in the north line of the Plymouth claim ; Bouii<jarie 
thence running weft, in the faid north line, fix miles ; thence 
fouth fix miles ; thence eaft, about fix miles, to Norridgciuock 
weft line •, thence north, on the weft line of Norridgeiuock, to 
JK^ennehech River, and continuing northerly by faid river, on the 
weft bank thereof, to the firft inentioned bound, together with 
the inhabitants thereon, be, and the fame hereby are incorpo- 
rated into a town by the name of Starhs ,• and the faid town is 
hereby vefted with all the powers, privileges and immunities 
which other towns within this Commonwealth do or may by 
law enjoy. 

Sect. 2. And he it further enafled by the authority aforefaid. 
That Samuel Weflon, Efq. be, and he hereby is authorized to . 

ifiue his warrant directed to fome fuitable inhabitant of faid jfTued. " * 
town, requiring him to warn a meeting of the inhabitants of * 

faid town, at fuch time and place as fiiall be appointed in 
faid warrant, for the purpofe of choofing fuch town officers, 
as towns within this Commonwealth are empowered to choofe 
in the month of March or April annually. 

[This Act puiTed February 28, 1795-] An 



24 



WARWICK CHURCH. 



Feb. 28, An. 1 795. 



Preamble, 



Adt repealed, 
Provlfo, 



Remaining 
power of tht 
Truftees. 



Conditions of 
Cicemptirijrpei- 
fons ifrom 

charge. 



An ACT to repeal an Acl, entitled, " An A<ft to in- 
corporate the Committee of the Church and Con- 
gregation, in the Town of Warwick^ for certain 
Purpofes," pafled Jpril twentieth, One thoufand 
feven hundred and i'eventy-nine. 

WHEREAS the Trnftees of the Congregational Society 
in the town of Warwick have petitioned this Court 
for a repeal of the law from whence they derive their author- 
ity of Truftees, as aforefaid, and faid town of Warwick have 
fignified their agreement to fupport the Congregational Min- 
ifter, now fettled in faid town, and to perform other parochial 
duties therein, as a Corporation, and the Rev. Samuel Reedy 
their prefent Minifter, has alTented thereto : 

Sect. i. Be it enacted by the Senate arid Houfe of Rcprefefitth- 
iivcs, in General Court ajfembled, and by the authority of the fame^ 
That the A61 empov/ering the Congregational Society in the 
tov/n of Warwick, in the county of HampJI.nrey to appoint 
Truftees to manage the funds railed in laid Society, for the 
fupport of the Minifter, and for defraying incidental charges 
in faid Society, be, and the fame hereby is repealed, and faid 
Truftees are difcharged from their truft : Provided, faid Truf- 
tees lodge with the Treafurer of faid town of Warwick, all the 
property, of every kind, by them held in their faid capacity, 
belonging to faid town ; and alfo return all donations now in 
their hands, of every kind, that have heretofore been given, 
for the benefit of faid Corporation, to the original donors, or 
their heirs ; 

Sect. 2. Provided alfo, and it is further enacled. That the pre- 
fent Truftees of faid Corporation Ihall have full power, in their 
faid capacity, to fue for, colledt and receive all outftanding 
d(pbts due to faid Corporation, and the fame, when recovered, 
forthwith to pay into the hands of the Treafurer of faid town, 
or the original donors, or their heirs, from whom they refpec- 
tively derived the fame. 

Sect. 3. And be it further eriacfed by the authority aforefaid. 
That all perfons living within the faid town of Warwick, who- 
are of a different denomination from the Congregational Society 
there, by leaving their names with the Clerk of faid town, 
certifying that they cannot confcientioufly join with faid So- 
ciety, within two years after this AtSt fliall come into operation, 
fhall be exempt from any charge for the fupport of a Congre- 
gational Minifter in faid town ; any thing in this or any for- 
mer Acl to the contrary notwithftanding. 

Sect. 4. And be it further enaclcd. That this A61 fhall take 
place, and be in force from and after the firft day of Septent^ 
bcr next. 

[This K€k. pafled February 28, 1795.] An 



DALTON....CLINTON. Feb. 28, An. 1795. 25 

An ACT to fet off a Part of the Town of Wind/or, in Repealed in 
the County of Berk/hire, and to annex the fame to l]^h^^^' ^^* 
the Town of Dalton. 

q TyE it enaBed by the Senate and Houfe of Reprc" 

"*-^ fentati'ueSi in General Court ajprnbledf and by the 
authority of the fame^ That that part of the town of Windfor, 
hereafter defcribed, and the inhabitants thereon, be annexed to 
the town of Dalton^ to wit : Beginning at the north-eaft corner jjoyndarlei 
of the town of Dalton^ and running thence northerly on a line 
parallel with the eaft line of Samuel Whipple's farm, to the 
north fide of his farm ; from thence weft, to the line of the 
hundred acre lots ; from thence north, on the line of faid lots, 
to CheJlAre fouth line ; thence on Chefhire fouth line, to the 
eaft line of the town of Lanefiorough ; thence on the faid eaft 
line of Lanejboroughy to the north-weft corner of Dalton ; and 
from thence to the north-eaft corner of faid Dalton. 

Sect. 2. And be it farther enacted. That the inhabitants of . , ,, , , 
the laid part or the town or tVindJor, by this Act annexed to 1,^ taxed for 
the faid town of Dalton, fhall be holden to pay fuch taxes as Windfor. 
have been afl'effed, or ordered to be aflefled on them, by the 
faid town of Windfor, previous to the paffing of this AdV. 

Sect. 3. And be it further enacted. That the polls and 
eftates of the inhabitants of the faid part of the town of Wind- 
for, by this Act annexed to the town of Dalton, be deducted, 
from the town of Windfor, and be placed to the faid town of 
Dalton, and that the faid inhabitants Ihall be entitled to re- 
ceive their proportion of all monies, lands and other eftates, 
real and perfonal, now the property of the faid tovv'ii of Wind'^ 
far, agreeable and in proportion to the laft valuation. 
[This A61 paiTed February 28, 1795.] 



An ACT to incorporate the Plantation of Hancock, 
in the County of Lincoln, into a Town by the 
Name of Clinton. 

q nE it enabled by the Senate and Houfe of ReprefentU'- 

-*-^ ti'ues, in General Court affembled, and by the author- 
ity of the fame. That the following defcribed tra(5l of land, ly- 
ing on the eaft fide of Kennebech River, beginning on the bank 
of faid river, in the fouth line of Canaan, thence running eaft, Eoundariej •£ 
in the fouth line of faid town, and continuing the fame courfe, Clinton, 
feven miles ; thence fouth, about eleven miles and an half, 
until it interfedls a line running eaft-fouth-eaft, from the 
north-eaft corner of the town of Whfo'w s thence weft-north- 
weft, to the faid north-eaft corner of Winjlcw ,• thence on 

tiie 
Vol. II. B 



26 MIDDLESEX CANAL. ivZ*. 28, A11.1795. 

the northerly line of WinJIonV) to Kennehech River ; thence 
northerly, by Kemiebech River^ on the eafterly bank thereof, 
to the firft mentioned bound, together with the inhabitants 
thereon, be, and the fame hereby are incorporated into a 
town, by the name of Clinton ; and the faid town is hereby 
vefted with all the powers, privileges and immunities which 
other towns within this Commonwealth do or may by law 
enjoy. 

Sect. 2. And he it further enaEled by the authority nf or ef aid f 
yrued!"^ ^° ^' That George Warren, Efq. be, and he hereby is authorized to 
ifluehis warrant, direcledtofome fuitable inhabitant of faid town, 
requiring him to warn a meeting of the inhabitants of faid 
town, at fuch time and place as Ihall be appointed in faid 
warrant, for the purpofe of choofing fuch town officers as 
towns within this Commonwealth are empowered to choofe in 
the month of March or April annually. 

[This Act pafled February 28, 1795.] 

An ACT to change the Name of John Murdoch, of 
Roxbury, in the County of Norfolk, to the Name of 
Robert Pierpont^ 

'HERE AS Hannah Pierpotit^oi Roxhury aforefaid, hath 
petitioned this Court, for certain reafons fet forth in 
her petition, that the name of John Murdoch, of faid Roxbury, 
may be changed and altered to the name of Robert Pierpotity 
and the faid John Murdoch hath aflented to and joined in faid 
prayer : Therefore, 

JBe it enabled by the Senate and Hoi/fe of Rcprefentatives, in 

John Mur- General Court ajfernbled, and b\ the authority of the faniey That 

dock's name f^.^^^^ ^^^ J^f^.p^. ^j^g paffing of this Act, the faid John Murdock 

<■ ^"g^ • £|^^j| ijg^ j^nd he hereby is authorized and empowered to take, ufe 

nnd bear the name of Robert Pierpont, inftead of the faid name 

of John Murdoch, and to be called and knovm by that name, 

inftead of his prefent chriftian and furname. 

[This Aft paiTed February 28, 1795.] 

An ACT in addition to an Ad, entitled, " An Ad: 
June 22, 1793. ^^^ incorporating ya?ncs Sullivan, and others, by 
tlie Name and Style of The Proprietors of the Mid- 
dlefex Canal. 
„ T)E it enacted by the Senate and Houfe of Reprefenta' 

Property in the ' * tives, in General Court ajfernbled, and by the outhor- 

Canal dw'AcAity of the fame. That the property of the faid Proprietors in 
into fharcs. ^|^g ^^- j Canal, and in any other Canal conne£lcd therewith, 
which they fliall effect, purfuant to any authority of the Gov- 
ernment i zrA all real eflate, of which the faid Corporation 

fliall 



w 



MIDDLESEX CANAL. F^^. 28, An. 1795. 27 

Ihall be felzed, fliall be divided into eight hundred fhares, and 
that each fliare therein fhall give the perfon holding the fame 
one vote in the proceedings of the faid Corporation : Pro- 
vided, that no one Proprietor, fhall have a right to more than 
twenty-five votes on any occafion ; and that the fliares in the 
fame Canal, including the towing-paths and wharves thereon, 
fhall be fo far confidered as perfonal eftate, that the fame may 
be transferred according to fuch rules and regulations as the 
faid Corporation Ihall eflablifh ; and that the Proprietors ihall 
be fubjefted to taxes therefor, in the towns and parifhes where 
they flaall feverally refide, as for perfonal eftate. 

Sect. 2. And be it further enaBcdy That the faid Corpora- 
tion fhall have power to receive and hold real eftate, as appen- corporatloa 
dant to the fame Canal, and for the purpofe of facilitating the empowered to 
bufinefs of the fame, to the value of thirty thouf and pounds y over receive &. hold 
and above the value of the Canal itfelf, limply confidered ; and 
that the Corporation fliall be liable to pay taxes therefor in 
the town and pariih where the fame may be ; and fuch taxes 
may be alTelTed on the Corporation, or on its tenants, at the 
difcretion of the town where the tax fliall be made. 

And whereas the faid Corporation hath petitioned the Le- Preamble, 
giflature for an extenfion of their powers for the purpofe of 
making other Canals, to be conne6led, and to communicate 
with the faid Middlefex Canal : The object of which petition 
being to render the waters of Concord River boatable, as far up 
as the fame can be ufefuUy improved for that purpofe, and to 
improve the banks of Medford River, fo as to render the Ca- 
nal more eafy and ufeful, as well as to open a Canal round the 
fhallows in the town of Dunjlable., on the banks of Merrimack 
River ; and alfo to extend laid Canal to the vvatei's of Charles 
River, or the town of BoJ}o7i : 

Sect. 3. Be it therefore further er.nBcd, That the faid Pro- 
prietors of the Middlefex dmal fhall be empowered to render PropHetcrs 
the waters of Concord River boatable, as far as Sudbury caafe- empowered to 
way, and as much farther as the fame can be ufefully improv- "^ f * ui^'!' 

1 r 1 11 y-i 1 1 • - r-j tcrs boatable to 

ed for that end, and to open any Canal, at any place ni the laid, sudbury. 
county of Aliddleftx, that may be necellary to conne<5t the faid 
Concord River with the faid Middlefex Canal, for that purpofe, 
and alfo to extend laid Canal from Medford, to the waters of 
the town of Boflon, or Charles River, in fuch way as to faid 
Proprietors may feem moft advantageous, and with ail the 
privileges, and under the fame reftrictions and regulations as are 
granted and provided in faid Adi ; and that the faid Proprie- 
tors fhall be liable to have damages recovered againft them, 
by any individual who fhall be injured or damnified in his 
property, in fuch new Canal, by the fame mode of procefs, 
and in the fame manner as is in the fame Act provided : And 

that 



i$ WESTPORT ENLARGED. /^Z^. 28, An. 1795. 

that for the ufe of zny fuch new Canal or boatable waters, the 
faid Proprietors in.*^' receive the fame rate of toll which is by 
the fame A61 efeabliihed, for the faid Middlefex Canal. 

Whereas it is provided, in an A£l, entitled, an A£t for in- 
corporating James Sullivan, and others, by the name and ftyle 
of The Proprietors of the Middlefex Canaly "That no part of the 
waters of Shanvjljire River fliall be diverted from their natural 
courfe for the purpofe aforefaid :" // is hereby declared to be the 
Explanation of true intent and meaning of the foregoing reftridlive claufe, 
a claufe m an ^.j^^j. ^^^ ponds and thofe ftreams which continue a vifible 
current through the year, and ufually empty into Shaivjljire 
Rivery are to be conlidered as part of the waters of the faid 
river. 

[This AiSt palTed February 28, 1795O 

An ACT to fet off from the Town of Dartmouth^ and 
annex to the Town of We/iport, certain Inhabitants, 
with their refpeclive Families and Eftates, lying 
within the Boundary Line of the Town of Wejiport. 

^, TiE it enaEied by the Senate and Houfe of Reprefenta- 

^-^ Lives, in General Court affcmbledy and by the author^ 
Perfons annex- %ty of the fame y That all thofe perfons, with their refpedlive 
cd toWeftport. fgu^iJies and efrates, lying within the boundary line of the 
tov/n of Weflporty in the county oi Biifloly that have been an- 
nexed to the town of Dartmouth^ excepting Daniel Gijfordy 
Timothy Giffordy William Wilcoxy and Ifaac Laiurencey and their 
refpe<5tive families and eftates, be, and hereby are fet off from 
the town of Dartmouthy and annexed to the town of Wejlporty 
with all the privileges and immunities, and fubjedted to all the 
duties, that the other inhabitants of faid town of Wejiport are 
by law liable to. 
piovlfo. Sect. 2. Providedy That the inhabitants thus annexed to 

the town of WcJlport fliall be holden to pay all taxes affefled 
againft them in the faid town of Dartmouthy prior to the pafP- 
ing this A6t, in the fame way and manner they were before 
liolden to pay the fame. 

And for the purpofe of eftabHfhing an equitable rule of ap- 
portioning public taxes upon faid town : 

Sect. 3. Be it further enaBed by the authority aforefaidy 

Sum in valua- Thzt four Jhillings and one penny of the fum fet to the town of 

tion placed to Dartmouthy in the late valuation, be taken therefrom, and 

el port. placed to the town of Wejlporty until a new valuation fiiall be 

takqn. 

[This A£l pafled February 28, 1795.] 

An 



Sect 



GILL ENLARGED. Feb. 28, An. 1795. s-f 

An ACT fetting off Part of the Town of Norihfidd, 
and annexing it to the Town oiGilL in the County 
of Hampjhire. 

TXE it endEled by the Senate and Houfe of Repre- 
•*-' fentativest in General Court rtjpnibled, and by 
the authority of the fame. That all the lands contained within 
the following bounds, viz. — Beginniitg at the north-eafl cor- Eoundaries of 
ner of the town of G7//, and running north, three degrees part of North- 
weft, fixty-four rods j thence north, ten degrees weft, thirty- SeMannexedto 
eight rods j thence north, eleven degrees eaft, thirty-two 
rods, to the mouth of Betinefs Brook ; thence weft, thirteen 
degrees, north, thirty rods ; thence weft, nine degrees, fouth, 
twelve rods ; thence north, fifteen degrees, weft, forty rods j 
thence north, twenty-two degrees, weft, fixty-three rods ; 
thence north, twenty-fix degrees, weft, fifty-feven rods ; 
thence weft, forty-four degrees, north, thirty-feven rods ; 
thence weft, ten degrees and half, fouth, forty-three rods ; 
thence fouth, fourteen degrees, weft, thirty-fix rods -, thence 
fouth, twenty-four degrees, weft, fixty-one rods ; thence weft, 
twenty-feven degrees n9rth, fifty rods ; thence north, two 
degrees, eaft, one hundred and thirty-two rods ; thencB weft, 
ten degrees and thirty minutes, fi^uth, one hundred and two 
rods, to the line beween Northffld and Bamardflon ; thence 
fouth, eleven degrees, eaft, three hundred and thirty-three 
rods on faid line, to the line of the town of Gill ; thence 
eaft, five degrees, north, two hundred and feventy-eight rods, 
to the bounds firft mentioned, with all the inhabitants there- 
on, fliali be, and hereby are fet oft" from the town of North- 
feldy and annexed to the town of Gi//, in the county of 
Hampfhire. 

Sect. 2. Provided always^ That the lands above defcribed, Provifo. 
and inhabitants thereon, ftiall pay to the town of Northfield 
their proportion of all taxes which may hereafter be laid by 
the Commonwealth, until a new valuation ftiall take place ; 
and ftiall be holden to pay all taxes, which before the paffing 
of this Aft, have been legally afielTed on them by the town 
of Northfeld, in the fame manner as though this A61 had not 
been palled. 

Sect. 3. And be it further enncledy That the faid town of Town of Glli 
Gill ftiall be holden to maintain all ^erfons belonging within ^'"Wen to fup- 
the bounds of the above-defcribed land, who now are, or ftiall ^"" P^"P^''*' 
hereafter become chargeable for fupport, as paupers ; and 
provided any perfon or perfons who have removed from faid 
defcribed land; ftiall hereafter be returned as the poor of faid 

town 



3© CHELSEA MARSH. Feb. 28,An.i795. 

town of Nonhjield ; then, and in fuch cafe, the faid town of 
Gill fhall be holden to take and fupport, as their poor, all 
thofe who, immediately before fuch removal, were the inhab- 
itants of that part of Northfield, which is now Gill. 
[This A£l paiTed February 28, 1 795.] 

An ACT to incorporate Sa?nuel Gary, Efq. and others, 
for certain Purpofes. 

WHEREAS Samuel Gary, '^{a^.jojhua Gheever.EdimrdP ratty 
Samuel Pratt, Samuel H. Pratt, Caleb Pratt, and Jofeph 
Ckeever, Proprietors of a Marfli lying in Chelfea, in the 
county of Suffolk, have requefted the Genci"al Court to author- 
ize them to make and maintain a dam for the purpofe of pre- 
venting the fea from flowing on faid Marlh ; and it appearing 
that great improvements might thereby be made in faid 
Marfh, to the benefit of the Proprietors as well as the public : 
Sect. i. Be it enacled by the Senate and Honfe of Repre- 
fcntativss, in General Court aff'embled, and by the authority of the 
fume, That the faid Samuel Gary, and others aforenamed, Pro- 
prietors of the Marfh aforcfaid, their heirs and afiigns, be, 
Proprietors au- and they hereby are authorized and empowered to make a dam 
thorized to fufficient to keep out the fea from the faid Marfh, acrofs 
make a dam. f^^^^ ^j^^ j^^^ ^f ^^.q faid Gary, to the land of JofJjua Cheever^ 
aforefaid. 

Sect. 2. And be it further enacled by the authority aforefaid. 
That the faid Samuel Gary and others. Proprietors aforenamed, 
their heirs and affigns, be, and hereby are allowed and em- 
— empowered, powered, to raife by affefTment or tax, to be made and levied 
equally on all the lands compoiing the faid Marlh, within the 
faid dam to be made as aforefaid, fuch fum or fums for de- 
fraying the charges of making and maintaining fiid dam, 
as fliall be agreed upon by the faid Proprietors, their heirs 
and affigns, or the major part of fuch of them as Ihall be af- 
fembled at any legal meeting, to be called for that purpofe j 
the meeting of the faid Proprietors to be called and conduct- 
ed in the fame manner as thofe of the Proprietors of common 
lands, prefcribed by an Aft pafled the tenth day of March, in 
the year of our Lord, one thoufand feven hundred and 
eighty-four, relating to lands, wharves, and other real eftates, 
— to choofe of- undivided and lying in common. And the faid Proprietors 
Beers. jjj-g hereby authorized and empowered to choofe all fuch 

officers as may be neceffiiry for managing the bullnefs 
aforcfaid, in the fame manner as Proprietors of common lands 
6re by law empowered to choofe officers at their legal meet- 
ings. 

Sect. 3. And be it further enacted by the authority aforefaid^ 
That if any owner of any part of the faid Marfh fhall negleft 

or 



GILES CROUCH KELLOGG. June a, An.1794. 31 

or refufe to pay the fum or fums of money, duly aflefled on fuch 
part, for the fpace of fix months after fuch monies fhall have 
been j^ranted, and his alTeiTment fhall have been made and pub- 
lifhed,by advertillngthefaraeinanytwo ofthei?2^o«newrpapers, 
four weeks fuccelhvely, then the faid Proprietors, for the purpofe 
of paying fuch afTefliTient, are hereby fully empowered from time 
to time, at public vendue, to fell and convey fo much of fuch 
delinquent Proprietor's part of faid Marfh, as will be fufficient Forfeitur€6 in 
to pay and fatisfy the fum or fums alTelTed upon his part as cafe, 
aforefaid, and all reafonable charges attending fuch fale, to 
any perfon that will pay moft for the fame : Notice of fuch 
fale, and of the time and place, being given by polling an ad- 
vertifement thereof In the town of Cbeffea^ and by publifhing 
the fame in at leaft two of the newfpapers aforefaid, five 
weeks fucceffively, before the time of fale : And the faid Pro- 
prietors may by their Clerk, or a Committee to be chofen for 
that purpofe, execute a good deed or deecis of conveyance of 
the part of faid Marlli lb fold unto the purchafer thereof, to 
hold in fee fimple. 

Sect. 4. Provided neverthelefs. That the Proprietor or 
Proprietors, whofe part or fhare fhall be fo fold, fhall have lib- ^''^ovifo., 
erty to redeem the fame, at any time within tvv^elve months 
after fuch fale, by paying the fum, fuch part or fhare fold 
for, and charges, together with the further fum of twelve poiindi 
for each hundred pounds produced by fuch fale, and ^o pro rata 
for any greater or lefs fum. 

Sect. 5. Atid be it further enaBed by the authority aforefaid , 
That the faid Proprietors are hereby empowered to order and 
manage all affairs relative to the making and maintaining of Proprietors 
the dam aforefaid, in fuch way and manner as fhall be con- ^"^J^f^'^ ^J 
eluded and agreed on by the major part of thofe who are matters rela- 
therein interefled, prefent at any legal meeting ; the votes to tivetothedam. 
be colledled and accounted according to the interefls. 
[This Act paired February 28, 1795.] 



An ACT to change the Name of WiUia?n Shelden, of 
Hadley, in the County of Hampjhire, to the Name 
of Giles Crouch Kellogg. 

WHEREAS Enos Smith, of Hadley, In the county of 
Hampfjire, guardian to William Shelden, of faid Had- Preamble 
ley, a minor, hath petitioned this Court, that the name of the 
faid William Shelden may be changed and altered to the name 
of Giles Crouch Kellogg, and the faid Williatn Shelden hath defir- 
ed the fame : Therefore, 



32 ARUNDELL.;..NANTUCKET. June 8, An. 1 795. 

Be it enacied ^y t^^^ Senate and Houfe of Reprefentatives^ in 
General Court ajfembled, and by the authority of the farney That 
Name changed, from and after the paffing of this A£l, the faid William Shelden 
Ihall be, and hereby is authorized and empowered to take, ufe 
and bear the name of Giles Crouch Kellogg inftead of the name 
of William Shelden, and to be called and known by that name 
forever hereafter. 

[This A<Sl pafled June 4, 1795.] 

An ACT in addition to an A3:, entitled, " An Ad to 
prevent Damage being done on the Salt Marfhes ia 
the Town of Arundell, in the County of T'ork, by 
Horfes, Sheep and Cattle being fuffered to run at 
large on certain Beaches, Flats and Necks of Land 
adjoining faid Marfhes, from the firft Day of April 
to the laft Day of November, annually ;" paffed in 
Feb. 3. the Year of our Lord One thoufand feven hundred 

and eighty-nine. 

Preamble. "^"^ THERE AS it appears that faid Acl is infufficient to an- 
Y ^ fwer all the purpofes intended by it, as it is found by 
experience to be very detrimental for fheep, cattle and horfe 
kind to feed or run at large on faid premifes, not only from 
April to November annually, as is exprefled in faid A6t, but at 
all feafons of the year : 

Be it therefore cnnBedhy the Senate and Houfe of ReprefentativeSf 
in General Court ajfembledy and by the authority of the fame, 
Beafts forbid That from and after paffing this A6t, it fhall not be lawful for 
going at large, any of the inhabitants of the town of Arundell, or any other 
perfon or perfons whomfoever, to turn out to feed, or let run 
at large, any neat cattle, Iheep or horfe kind, on the neck of 
land called the Pines, or the beach and falt-marfh adjoining'' 
thereto, lying on the northern and eaflern fide of Batfon's Riv- 
er, fo called, in faid town of Artindell, at any feafon of the 
year, upon the fame penalties to be recovered, and the fame 
proceedings had, in manner and form as is provided by the 
Acl to which this is in addition. 

[This A(ft pafTed June 8, 1 795-] 

An ACT to change the Name of the Town of Sher- 

born, in the County of Nantucket. 

jyE it enacied by the Senate and Houfe of Reprefentatives, in 

■^^ General Court affembled, arid by the authority of the fame. 

Town's name That the town of Sherborn, in the countv of Nantucket, from 

changed. ^^j ^f^^^. pafl-^g t^i^ ^^^-^ ^^\\ be called and known by the 

name of Nantucket ; and the inhabitants of faid town of Nan- 
tucket 



COMMON FIELDS. ^z^w^ 15, An.1795. 33 

tucket fhall be bound to perform all duties, and rJfo fhall en- 
joy all the rights, privileges and immiuiitles which they would 
have been held to perform, or might have enjoyed, had not 
the name of faid town been changed from the name of Sher- 
born. And all officers in the faid town lliall hold and exercife 
their offices refpeftively, in the fame manner they v/ould have 
done had not the name of the faid town been altered. 
[This Aft paffed June 8, 1795.] 

An ACT to incorporate the Owners of certain Lands 
in Stou^hton, in the County of Norfolk^ for the Pur- 
pofe of managing the lame as a Common and Gen- 
eral Field. 

TiE it enaBed by the Senate and Hoi/fe of ReprefentativeSi in 
■^ General Court affembledy and by the authority of the famey 
That all that tra6l of meadow land lying in faid Stoughton, in- 
cluded within the bounds follov>ang, viz. Beginning at Afa/ha- Boundaries. 
pog River, fo called, in the line of the land of John Hartivell ; 
from thence running wefterly in the line of faid Hartiuell's 
land to the upland ; from thence north-wefterly in the line of 
lands belonging to Jofeph Cummifis and Jonathan Halves, to the 
line of the town of Sharon ,• from thence running northerly 
in the line of the faid town of Sharon, to Neponfet River ; 
from thence north-eafterly by faid Ntporfet River, to the 
confluence thereof with the faid Mafmpog River, and from 
thence bounded by the faid Majhapog River to the bound firfk 
mentioned, lliall be confidered as a Commoti and a General 
Field ; and that the Proprietors of the faid meadow-lands, 
their heirs and fucceilbrs, be, and they hereby are incorpora- 
ted and vefted with all the powers and privileges which the 
Proprietors of Common and General Fields by law are veiled 
with. 

[This Aft pafled June 15, 1795.] 

An ACT for incorporating certain Perfons in the 
Town of Granby^ for the Purpofe of managing a 
Common Field in faid Town. 

WHEREAS John Moody, and others, owners of land here- 
inafter delcribed, have petitioned this Court to be in- Preamble, 
corporated for the purpofe of managing the concerns thereof: 
Sect. i. Be it enatledby the Senate and Houfe of Reprefent- 
atives, in General Court affemhled, and by the authority of the fame. Names of own- 
That John Moody, Aaron Moody, Simeon Moody, Le-bi Taylor, crs. 
Charles Ferry, jun. Afaph Stebbins, Noah Ferry, jun, Eleazer 
AyreSf Aaron AyreSy Samuel Tolman^ David Abhee^ Noah Clarke 

John 
Vol. II. E 



34 E. SHELDON, &c. SET OFF. June 19, An. 1795. 

John Pi-ejlon^ jun. Jahez PreJloHy Abiather VwtoHj Daniel Lath- 
ropy John Birchard, Mofes Prejlonj Jojtah Montague^ Elijah Smithy 
David Partricky James Smithy and the heirs of Thomas Moody 
and John Stebbins, owners of the following lots of land in the 
town of Gra?ibyy viz. The five firft lots in the firft crank divi- 
fion, fo called, together with twenty-four acres on the north 
fide of, and adjoining to faid lots, owned by the perfons be- 
Common Field, fore-named, be, and they hereby are incorporated for the purpofe 
of manaQ;ing faid lands in a Common Field, and the Proprietors 
and owners of the lands aforefaid are hereby invefi:ed with 
all the powers and privileges which the Proprietors of lands 
in General Fields are by law inverted with. 

Sect. 2. Be it further enaEledy That each and every of the 
Proprietors aforefaid, their heirs and afllgns, flaall be at full lib- 
erty at any and at all times hereafter, to inclofe and improve by 
themfelves, any of their lands lying within the limits of the tra<n: 
of land before defcribed, in the fame manner as if this A6t had 
not been made, they maintaining their refpeclive proportions of 
the general fence around the fame. 

[This Aftpafied June 15, 1795.] 

All ACT to fet off Eher Sheldon, and Silas Fref man, ]un. 
with their Eftates, from the Town of Sheffield, in 
the County of Berk/hire, and annex them and 
their Eftates to the Town of New- Marlborough, in 
the fame County. 

JpE it enabled by the Senate and Houfe of Reprefentatives, in 
. . . -^ General Court affembled, and by the authority of the fame, 
eftates fet off. ThvLt Eber Sheldony and Silas Freeman, jmn. with their eftates, 
bounded as follows : Beginning at a flake and ftones in New- 
Marlborough weft line, it being the north-eaft corner of faid 
Eber's land •, then running weft, twelve degrees fourteen min- 
utes north, one hundred rods, to a ftake and ftones ; then 
weft, four degrees forty minutes north, fixty-three rods, to a 
ftake and ftones ; then running fouth, two degrees eaft, par- 
allel with faid town line, one mile, one hundred and fixty rods, 
to a chefnut ftaddle with ftones about it ; then eaft, two de- 
grees north, one hundred and fixty rods, to a ftake and ftones, 
in the eaft line of faid Shefield, it being the fouth-eaft corner of 
faid Silas Freeman's land ; then northerly, on faid town line, 
one mile, one hundred and thirty rods, to a ftake and ftones, 
the north-eaft corner of {'aid Eber Sheldon's land, be, and they 
hereby are fet oft" ffom the town of Shefzeld, in the county of 
Berk/hire, and annexed to the town of Ntw-Marlborough, in the 
fame county. 

[This A61 paflAid June 19, 1795.] 

Aa 



COMMON ^11^:10. 7««^ 23, An.1794. 35 



An ACT to prohibit during the Months of December, 
January and February, the taking of Sahnon in 
Merrimack River, and in the Waters running into 
the fame. 

JlE it enacted by the Senate and Houfe of ReprefentatlveSy iti 
■^ General Court ajjembled^ and by the authority ofthefame^y That 
from and after the pafling of this A61, no perfon fhall be 
allowed to catch any fiihiion in Merrimack River ^ or in the wa- 
ters running into the fame, during the months of December, 
January and February ; and any perfon who fhall offend herein, 
or who fhall be found during thofe months with any falmon, 
which fhall have been caught contrary to the intent of this Adl, 
fhall forfeit and pay a fum not exceeding twenty dollars yTvor lefs 
than three dollars, to be recovered by aftion of debt, to the ufe 
of any perfon w^ho \\\\\ fue for the fame, or by indi<Slment, to 
the ufe of the county in Avhich the offence fliall be committed. 
[This AiSt pafTed June 20, 1795.] 



An ACT for incorporating the Proprietors of certain 
Lands in the Town of Wilbraham, in the County 
of Hampjljire, for the Purpofe of conducting the 
Concerns thereof, as a Common Field. 

WHEREAS Gideon Burt, and others, have petitioned this „ , . 
Court, that the Proprietors of the following defcribed 
lands may be incorporated for the purpofe of condudling the 
concerns thereof, as a Common and General Field, bounded as 
follows : Beginning at the fouth fide of the road leading from 
John Adams's dwelling houfe to Springfield, on the weft fide of Boundarlcf. 
Cedar Sivamp, (fo called ;) from thence bounding on the weft 
fide of faid fwamp, and running foutherly to the north line of* 
Elijha Woodward's land ; from thence wefterly on faid EliJJm 
Woodward's north line, feventy-two rods j from thence fouth, 
about one hundred rods, to the fouth line of faid Gideon Burt's 
land ; from thence welf erly, on faid Gideon Burt's Ibuth line, to 
the county road, running near the line of the outward and in- 
ward commons, (fo called ;) from thence on the eaft fide of faid 
county road to the road aforelaid, leading from John Adams's 
dwelling houfe to Springjield ,- from thence on the fouth fAe 
of the fame road to the firft-mentioned bounds : 

Be it enabled by the Senate and Houfe of Reprefentatives, in 
General Court ajfcmbled, and by the authority of the Jame, That 
the Proprietors of all the lands included within the lines afore- Proprietors in] 
faid, be, and they hereby are incorporated for the purpofe of corporatcd. 

of 



Boundaries. 



36 PARISH INCORPORATED. Jr/w^ 23, An.1795. 

of condudting the concerns thereof zs a General and Common 
Field ; and the Proprietors and oW'ners of laid lands are hereby 
invefted with all the powers and privileges with which the 
Proprietors of lands in general tields bj' law are invefted. 
[Tiiis Aftpaffed June 23, 1795-] 

An ACT for incorpor^iting a Part of the Inhabitants 
of the Towns of Fariridgjield and Djiton, in the 
County of BerkJJjire, into a Pariih, and for con- 
firming the Sale of a certain Lot of Land therein 
mentioned. 

j^ 77,^ // enaEed by the Senate atid Hovfe of Reprcfenta- 

■'-^ tiveS) in General Court ajjanb!ed, and by the authority 
of the fame^ That a certain tra<Sl of land, lying partly in the 
town of Partiidg field y and partly in the town of Dalton^ in the 
county of Berkjhire^ bounded as follows, viz. Beginning at the 
fouth-eaft corner of lot, No. one hundred and twenty-one, in 
the fouth line ol Partridg field ; thence running northerly, in a 
direct line, to the north-eaft corner of lot, No. feventy-hve, in 
the north line of Partridgfield ,• thence wefterly, in the faid 
north line of Partridgfield^ to the north-weft corner of lot, No. 
feventy-two, in the north-eaft- corner of the town of Dalton ,• 
thence fouthcrly, in the eaft line in the faid town of Dalto?i_i to 
the fouth-eaft corner of lot, No. eight, in the faid town o{ Dalton; 
thence w efterly, in the north line of lot, No. nine, and lot, No. 
thirty-two, to the north-weft cornei* of faid lot, No. thirty-two, 
in the faid town of Dalton ; thence foutherly, in a direct line, 
to the fouth-eaft corner of lot, No. fixty, in the faid town of 
Dalton ; thence eafterly, in the fouth line of faid Dalton y to the 
fouth-eaft corner thereof ; thence foutherly, in the weft hne of 
Partridgfield^ to the fouth-weft corner thereof ; thence eafterly, 
in the fouth line of laid Partridgfield^ to the bounds begun at, 
with the inhabitants thereon, be, and hereby is incorporated in- 
to a parifli, by the name of The IVefi Parifh in Partridgfield ; 
and fliall be entitled to liich immunities, and iiibjected to fuch 
duties as other parilhes in this Commonwealth are by law en- 
titled and fubjeded to. 

Sect. 2. And be it evaBed by the authority aforefaid^ That 

Formrr fale the fale heretofore made by the faid town of Partridgfield, of 

coufumed. lot. No. three, and the appropriation of the proceeds thereof to 

the building of a meeting-houle in faid town, be, and hereby are 

ratified and confirmed. 

Sect. 3. And be it further enaHed, That Ebenezer Peine ^ 

E. Teirce au» Efq. be, and he hereby is authorized to ifl'ue his warrant, diredt- 

thorized. ed to fome principal inhabitant in the faid parifh, requiring him 

to warn the inhabitants thereof, qualified by law to vote in pariili 

meetings, 



N. YARMOUTH SOCIETY. June 23, An. 1 795. 37 

meetings, to aflemble at fome iuitable time and place in faid 
parilh, to choole liich officers as parifl-.es are by law authorized 
to choofe in the month of March or April annually ; and to 
tranfaft all matters and things neceilary and lawful to be done 
in faid parilli as aforefaid. 

[This Adl pafTed June 2-^, 1795-] 

An ACT in addition to an Act, entitled, " An Ad / 

to incorporate certain Perfons, by the Name of The June 26,1794. 
North'WeJi Congregational Society in North-TarmouthJ' 

WHEREAS an A£l pafled June the twenty-fixth, feven- 
teen hundred and ninety-four, entitled, « An A£l to ^''eamble. 
incorporate certain perfons by the name of The North-Wejl Con- 
gregational Society in North-Yarmouth :" And whereas the fecond 
claufe in faid A£l fets forth in the following words, viz. That 
all thofe who Ihall be delirous of becoming members of faid So- 
ciety, being inhabitants of faid town of North-Yarmouth, and 
fhall iignify the fame in writing to the refpedlive Clerks of each 
parifh, thirty days at leaft previous to the annual meeting in 
March or /ipril next, Ihall be conlidered in law as members of 
faid Society, but fhall be held to pay their proportion of fuch 
money as ihall have been previoully granted by the Society or 
parifti they ihall have feparated from : And whereas laid claufe 
is incompetent to the purpofes defigned : 

Sect. i. Be it enatied by the Senate and Houfe of Reprefenta- 
tives, in General Court ajjembled, and by the auihority of the fame, Claufe repeal- 
That the abovefaid claule be, and hereby is repealed. ed. 

Sect. 2. And he it further enabled by the authority aforefaid. 
That if any perfon or perfons who do now belong to the iiril Perfons defir. 
parifh in faid town, fliall give notice in writing to the Clerk of °^^ s'odel^^& 
faid parifh of their defire to belong to the north-weft parifh or join another. 
Society in faid town, on or before the firft day of March, in 
any future year, faid Clerk (hall make a fair record of llich re- 
queft, and ihall tranfmit a lift of fuch name or names to the 
Clerk of the north-weil Society in faid town, of fuch requeft j 
and fuch perfon or perfons ihall thereupon be difmiiTed accord- 
ingly ; and all fuch perfons fhall be conftdered and taken to be- 
long to laid north-weft Society, with their polls and eftates, but 
fhall be liable and held to pay their proportion of fuch money 
as fhall have been previoufly voted to be raifed by the faid firft 
Society or parifh in faid North-Yarmouth. 

Sect. 3. And he it further enacted by the authority aforefaid. 
That all young perfons, v/hen arrived at the age of twenty-one ^''^^thod to be 
years, in faid town, and all perfons that fliall hereafter come to ^0,^*^" '^ . " 
fettle in faid town, fhall be at liberty to give notice, on or before of north-wtil 
tlie firft day of March, in any future year, to the Clerk of faid Society. 

north-weft 



38 LANDS IN CAMBRIDGE. 7««^23, An. 1795. 

north- weft Society, of their wifli and intention to become mem- 
bers thereof ; and faid Clerk fhall make a fair record of fuch 
requeft, and fhall tranfmit a lift of the name or names of fuch 
perfon or perfons to the Clerk of the iirft parifli in faid town ; 
and fuch perfon or perfons fliall thereupon be confidered and 
taken, with their polls and cftates, to belong to the faid north- 
weft Society, and be entitled, with thofe already incorporated, 
to all privileges, powers and immunities, which other par- 
iflies in this Commonwealth are entitled to by law. 

Sect. 4. And be it further enacted by the authority aforefaidy 

. , , , -That if any perfon or perfons who do now belong to the north- 
Method of ,T_ c • -n ■ r ■ t n 11 • ^• 
withdrawing. ^^^" Society or panlh m laid town, ihall give notice in writing 

to the Clerk of faid parifh, of their defire to belong to the firft 
parifh in faid town, on or before the firft day of Marchy in any 
future year, faid Clerk fhall inake a fair record of fuch requeft, 
and fhail tranfmit a lift of fuch name or names to the Clerk of 
the firft parifh in faid town, of fuch requeft ; and fuch perfon 
or perfons ftiall thereupon be difmifled accordingly, and fhall be 
confidered and taken to belong to faid firft parifh, with their 
polls and eftates, but fhall be liable and held to pay the propor- 
tion of fuch money as fhall have been previoufly voted to be 
raifed by the faid north-weft Society or parifh in faid North 
Tannouth. 

[This A£t pafTed y;/«f 23, 1795.] 

An ACT to authorize a Sale, by the firft Parifh in 
Cajiibridge, in the County of Middhfex, of certain 
Lands given for the ufe of the Miniftry there, and 
to fecure the Proceeds thereof, and of a former Sale 
of Lands by the faid Parifh, to the fame ufe. 

« ^ T>E it enacted by the Senate and Hoiife of Reprefenta- 

tiveSy in General Court ajjhnbledy and by the author- 
ity ofthefamey That the faid firft parifh in Cambridge are hereby 
Parifh author!- anthorized to fell and convey, with the confent of their min- 
ted to fell ifter for the time being, by their Committee appointed for this 
lands. purpofe, on the thirteenth day of April laft, or otherwife, thofe 

two iracls of land called the Bear-Hill Paflurey and the High- 
ivay MarJJj, holden by the laid parifh, for the ufe of the niin- 
iftry, by the grant and affignment of the original Proprietors of 
Cambridge aforefaid, and there fituate : And the fale and convey- 
ance of the faid two trafts of' land, and of each of them, which 
fhall be made purfuant to any vote or order of the faid parifh, 
and with the confent of their minifter for the time being, fhall 
be valid and eftecSlual to any purchafer or purchafers. 

Sect. 2. And be it further enabled, That the proceeds of 
the fale or fales which fliall be made as aforefaid, fhall be and 

hereby 



LEONARD W. DARLING. June 23, An. 1795. 39 

hereby are appropriated to the ufe of the miniftry in faid firft Appropriations 
parifli in Cambridge^ and fhall be managed, fecured and jm- <*f ^ ^^^.^ f^^"* '« 
proved by them and their fuccelTors, and until the year one ^ '°" ^ '"^^* 
thoufand eight hundred and fifty, the one half of the annual 
income ariiing therefrom Ihall be paid annually to the minifter 
of the Congregational Society in laid parifh, for the time being, 
towards his fupport ; and the other half of fuch annual income 
fhall be appropriated, fecured and managed by the faid parilh, 
to form an increaling capital fund. 

Sect. 3. And he it further cjiacfed. That the monies and ©f other 

demands called the Lexington Farm Fund of the faid pnrifli, and monies beloqg- 
which have accrued to them from the fale, anciently made, of 5"^ '•* ^^ P*"^' 
certain other lands which were given to the faid parifli for the ufe 
of the minifter, fhall be holden, managed and improved by 
them and their fuccefTors •, and the annual income thereof fhall 
be paid and applied in the manner which has been agreed be- 
tween them and their prefent minifter, until his death or other 
removal, and afterwai'ds fliall be appropriated, the one half 
thereof to the fupport of their minifter for the time being, and 
the other half thereof to the fame increaling capital fund of the 
faid parifli. 

Sect. 4. Atid he it further enaBedy That from the faid year 

one thoufand eight hundred and fifty, the income of the funds 

of the faid parifh hereby appropriated and provided, fliall be united time, 
paid, applied and appropriated in any other manner which fliall 
be then agreed and ordered : Providedy That no part thereof 
fhall be difpofed or ufed to any other purpofe than the fupport 
of a. Congregational minifter within the faid parifli. 
[This A£t palTed June 23, 1795-] 

An ACT giving the Surname of Darling to Leonard 
Warjield^ of Mendon, 
T)E it etiacled by the Senate and Houfe of Reprefentativesy in 
■^ General Court nffemhledy and by the authority ofthefamey That - 
from and after the palling of this Adf, the faid Leonard War- . jjv- i 
fieldy of MendoHy fliall be, and hereby is authorized and empow- n^mc to Leon- 
ered to take, bear and ufe the furname of Darling ; and Ihall ard Warficld. 
be called and known by the name of Leonard Warfield Darling. 
[This A(St palTed Jw^ 23, 1795-] 

An ACT to incorporate a Number of the Inhabitants 
of the firft Precincl in Attlehoroughy in the County 
of Bri/iol, into a Society, by the Name of The Con- 
gregational Society of the Firft Precind in Attleborough. 
WHEREAS a number of the inhabitants of the firft pre- 
cindt in Attleborough aforefaid, have petitioned this Preamble. 

Court, 



40 ATTLEBOROUGIi SOCIETY. June 23, An. 1 795. 

Court, fetting forth that they have raifed by fubfcriptions the 
llim of Huelve hundred and fifty pounds, for the purpofe of eftab- 
lifhing a fund, the annual interefV of which to be appropriated 
for the fupport of a Congregational minifter, for the benefit of 
the church and congregation of faid firft precindl in Attlehorough^ 
whereof the Rev. John Wilder is their prefent paftor, and pray- 
ing to be incorporated for the purpofe of holding and managing 
faid fund : 

Sect. 1 . Be it therefore etiaEied by the Senate and Houfe of 
Reprefentatives, in General Court ajfembled, and by the authority of 
the fame, That the faid petitioners, namely, Samuel Atherton^ 
Perfons incor- Stephen Draper, Jacob Cujh}nan, Ichabod Ide, Di27iiel Read, Afa 
porated. Dean, Ephraim Dean, Nathaniel Ide, jun. Noah Morfe, Samuel 

Hohnes, John Ide, Samuel Tingley, Thomas Tingley, jun. Elijha 
May, Ebenezer Tyler, William Stanley, Stephen Euller, Amos Idcy 
jun. Walter Tyler, Samuel Robinfoti, Levi Read, Daniel Laney 
Jacob Ide, William Reed, Ifaac Draper, Ebenezer Tiffany, jun. 
David Bolcom, Exekiel Robbins, Eliphn-z Day, Jofeph Tiffany, 
Caleb Fuller, Ezekiel Robinfon, Timothy Tingley, Ebenezer Drapery 
jun. Williarn Barrows, Ezra Barrows, Jofeph W. Hunt, Aaron 
BarroiuSy Phillbrook Barrows, Devi Jilffon, Jofeph A. Richards, 
Jonathan Harding, Joel Robinfon, Eunice Newell, Richard Bul- 
lock, Elijah Robinfon, Margaret Blackington, JatJies Pullen, Stephen 
Stanley, Artemas Stanley, Enoch Robinfon, Jacob Perry, Phineas 
Clafton, Hamiah Stearns, Lemuel Strattan, Benjamin Allen, Joftah 
Allen, Samuel Titus, Jofeph Cufhman, Samuel Cufijman, Jeffe Rob- 
infon, Jabez Gay, Caty Gay, Loammi Day, Ebenezer Swan, Robert 
Swan, Edivard Richards, jun. Lewis Draper, 'Jabez Ellis,"}un. 
Joel Ellis, Richard Ellis, Calvin Richards, Nathan Richards, jun. 
Avery Richards, David Richards, Edward Richards, Jffe Rich- 
ards, Luther Richards, Darius Fuller, Newton Mann, Ebenezer 
Draper and James Orne, together with fuch other perfons as 
they may hereafter admit, be, and they hereby are incorporated 
into a Society by the name oi The Congregational Society of the 
Fhfl PrecinB in Attleborough. 

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

-— may be ad- That faid Society, at any legal meeting thereof, Ihall have 

niirtedasmem- p^^g^. ^q admit any perfon or perfons, inhabitants of faid firft 

precindt in Attleborough, members of faid Society ; whereupon 

fuch perfon or perfons fo admitted, Ihall become incorporated 

with faid Society, and be entitled to all the privileges that the 

perfons herein before-named, are entitled to by virtue of this A£t. 

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

Intereft of the That the income or annual intereft of the fum already fubfcrib- 

funds appropri- ed, or that may hereafter be fubfcribed to the faid fund, or fo 

*^^^' much thereof as may be neceflary, Ihall be appropriated to the 

fupport of a Gofpel Minifter, for the benefit of the Church and 

Congregation of faid firft precin<^ in Attleborough, 

Sect. 



BOUNDARY LINE. >;f^ 24, An.1795. 41 

Sect. 4. And be it further" enaElecl by the authority aforefaid, 
That Eliffja ALiy, Efq. Samuel Atherton^ Samuel Robinfon, jcftah Truftces ap* 
Drapery Ebenezer Tyler, Joel Read, and JVilliam Stanley, be, and P°'"'sd. 
hereby are nominated and appointed Truftees of faid Society ; 
and they, and their fuccelTors in the faid trufi:, be, and hereby 
are inverted with fufficient power to receive all fuch fubfcrip- "~ P°^'='''** 
tions, donations, fecurities and monies now In the hands of faid 
Society, and alfo all fuch grants, appropriations and donations, 
either real or perfonal, that have been made or that fhall hereafter 
be made for the purpofe aforefaid : Provided, That the whole lum 
do not exceed the fum oi feven thoufand dollars : And the faid 
Truftees or their fuccefTors in the faid truft, are hereby author- 
ized and directed to put the fame on intereft, on good fecurities, 
for the purpofe aforefiid. 

Sect. 5. And be it further enaBed by the authority aforefaid. 
That all bonds, mortgages, or other lavvful fecurities, made to Validity o£ 
the fdid Truftees and their fuccelTors in faid trufi:, are hereby •'"•^'^s and oth- 
declared to be good and valid ; and the faid Truftees, and their j-gj^^* ecun- 
fucceflbrs, or the major part of them, by themfelves, or by their 
agents or attornies, may appear, plead, fue and defend in any 
Court within this Commonwealth. 

Sect. 6. And be it further enaSled by the authority aforefaid. 
That the Truftees aforefaid, and their fuccelTors in that office, 
be, and they are hereby empowered and direftad to call a meet- -Annual '"«^° 
ing of faid Society, annually, forever, in the month of March ^^^^ e a i • 
or April, to choofe Truftees, and fuch other officers and agents, 
and to make and eftablifh fuch rules and orders, not repugnant 
to the Conftitution and laws of this Commonwealth, as they fhall 
judge to be necceffary and convenient for the orderly and bene- 
ficial management of the affairs of faid Society, according to the 
various occafions and circumftances thereof : And faid Truftees 
are hereby alfo empowered to call meetings of faid Society, at 
any other times befides the annual meetings, when there fliall 
be occafion therefor. 

[This Aft pafTed June 23, 1795.] 

An ACT eftabiifliincr the Boundary Line between the 

Town of Williamjhurg, and the Towns of Chefterfield 

and GofJjen. 

r)E it enacted by the Senate and Houfe of Reprefentatives, in 

-^ General Court ajpinbled, and by the authority of the fame. 

That the north-weft corner of the town of Willianfbw g lliall 

be at a beach tree, marked H F and G F, ftanding about fifteen 

rods fouth of Samuel Mott's houfe in the town of Gofien : And 

that the dividing line between faid town of William/burg and Boundary line. 

the 
Vol. IL F 



42 CUMBERLAND CANAL. Jww^ 25, An.1795. 

the towns of Gofoen and Chejlcrfield fhall be a line running fonth, 
nine degrees weft, from the aforefaid corner, until It flrikes the 
nortl>line of the town of Northampton. 

[This A£l puffed Jwu 24, 1795.] 

Additional An ACT for incorporating Woodbury Storer, and oth- 
AAs, Jan. 24, ers, by the Name and Style of Tbe Proprietors of the 
1804! """ Cwnberland Canal. 

WHEREAS Woodbury Storcr^ and others, have petitioned 
to be incorporated for the purpofe of cutting a Canal 
from the waters of Snbngo Pond^ through the towns of Standi/}} 
and Gorham^ to Prcfumpfcot River. 

Sect, i . Be it therefore enacted by the Senate and Houfe of Repre- 
fentativeSf in General Court afembled, and by the authority ofthefatney 
Perfons incor* That the faid Woodbury Storer, Jofeph Coffin Boyd^ Robert Boydy 
porated. Ebenezer Storer^ William Symms, "Jof.ph fe'wett, fofeph NoyeSy 

Ralph Crofs, Nathaniel Dcering, TVilliani Alartin^ Da/iiel Iljleyy 
and Samuel Frcemany with their affociates and luccelFors, ai'c 
hereby incorporated and (liall be a Corporation forever, under 
the name of The Proprietors of the Cumberland Cafialy and by 
that name may i'ue and profecute, and be fued and profecuted 
to final judgment and execution ; and fliall be, and hereby are 
vefted with all the powers and privileges which are by law inci- 
dent to Corporations of a fimilar nature. 

Sect. 2. And be it further enacied by the authority aforefaidy 
That the faid Proprietors, or any three of them, may make 
their application to any Juftlce of the Peace for the county of 
Cumberlandy requefting him to call a meeting of the faid Pro- 
prietors, to be holden at fome convenient place within the town 
J-ufticc of the of Portlandy in the fame county ; whereupon fuch Juftice is 
Peace empow- hereby em.powered to ifllie liis warrant to one of faid Proprie- 
cred to call j-Q^-g^ directing him to warn and notify faid Proprietors to meet 
iiee ings. ^^ ^^^^^^ t\xi\Q, and place in laid town of Portlandy as he fliall 

therein direft, to agree on fuch method as may be thought 
proper, for calling meetings of faid Proprietors for the future ; 
and to do and tranfacl fuch matters and things relating to the 
faid propriety, as fhall be expreffed in the waiTant. And the 
Proprietor to whom fuch vv.;rrant ihall be directed, fliall give 
notice to faid Proprietors, by caufing tlie lame, or the fubftance 
thereof to be publilhed in one of ihe Portland newlpapers, four- 
teen d;vys before the hol/ing of faid meeting, and make return 
thereof under his hand to the fame meeting, to be lodged with 
Proprietors the Clerk that Ihall be then and there chofen. And the faid 
tinpowered. Proprietors may at the iame or any other legal meeting choofe 
a Clerk, Treafurer, and other officer or officers of the Corpo- 
ration that they may deem neceffary, and alfo may choofe a 

Committee 



CUMBERLAND CANAL. >«^ 25, An. 1795. 43 

Committee for ordering and regulating the bufinefs and affairs 
of the faid Corporation ; and every Proprietor Ihall have a right Legality of vo- 
te vote in the proprietary meetings, according to his fhare and ''"&• 
intereft, in perion or by reprefentation ; piwicled, no one Pro- Provifa 
prietor Ihall have more than ten votes ; and all reprefentations 
fhall be proved in v/ritlng, ligned by the perfon making the 
fame by fpecial appointment, which Ihall be hied with and re- 
corded by the Clerk j and this Adl, and all rules, regulations 
and votes of the faid Corporation Ihall be fairly and truly re- 
corded by the fiid Clerk, in a book or books for that purpofe 
to be provided and kept : Provided, That whereas it inay be 
neceffiiry in the profecution of the foregoing bufineft, that the 
property of private perfons may, as in the cafe of highways, be 
appropriated for the public ule. And in order that no perfon 
may be damaged by the digging and cutting Canals through his 
land, by removing mills or mill-dams, diverting water-courfes, 
or flowing his land by the Proprietors aforefaid, without receiv- 
ing full and adequate compenfation therefor : 

Sect. 3. Be it enaBed by the authority aforefaid, That in all 
cafes wdiere any perfon ihall be damaged in his property by the lyr .j, -1 f ob- 
faid Proprietors for the purpofes aforefaid, in manner as is above tainiir^fatisfac- 
exprelTed, or in any other way, and the Proprietors aforefaid tion in cafe. 
do not, within twenty days after being requefted thereto, make 
or tender reafonable farisfa(51ion, to the acceptance of the per- 
fon damaged by them as aforefaid, the perfon fo damaged may 
apply to the Court of the General Seffions of the Peace for the 
county in which the damage Ihall have been fuftained, to have 
a Committee appointed by faid Court to eftimate the damage 
fo done, and the faid Court are hereby authorized and empow- 
ered, by warrant, 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 dilmterefted freehold- 
ers in the fame county, to eflimate the damages 5 which Com- 
mittee Ihall give feafonable notice to the perfon interefted, and 
to the Clerk of the Proprietors aforefaid, of the time and place 
of their meeting, and they ihall be under oath to perform faid 
fervice according to their beft Ikill and judgment ; which hav- 
ing done ; they, or the major part of them iliall make return 
thereof, under their hands and feals, to the next Court of Gen- 
eral Sellions of the Peace to be holden In faid county, after the 
fame fervice is performed, to the end that the fame may be 
accepted, allowed and recorded ; and the Committee lb empow- 
ered, are required to eflimate the faid damage, and make re- 
turn thereof, as aforefaid ; and if the eflimate of the Committee 
be accepted by the Court, the Clerk of the Court is hereby 
authorized and directed, on application therefor, to iiTue an 
execution againft the property only of the Corporation, or of 
any individual belonging tliereto, for the fum fo adjudged in 

damages,. 



44 CUMBERLx^ND CANAL. iv*. 25, An. 1795. 

damagesj provided the fame is not paid wUhin twenty days after 
the acceptance of faid report, and likewife for the coft of the 
faid Committee and fees of the Court, both to be allowed by 
the Court, provided the fum of damages ellimated by the Com- 
mittee exceed the fum of damages fo tendered ; but in cafe the 
Proprietors adlually tendered to tlie perfon complaining, before 
the complaint was exhibited, a fum as great as that allowed by 
the Court in damages, then nothing to be included in the exe- 
cution for cofts of Committee or Court j the execution to be 
iffued by the Clerk of the Court, to be in the fame terms, mu- 
tatis mutandisy and returnable in the fame time as though judg- 
ment had been rendered againft faid Corporation, for a like 
luin in damages, on procefs in the Court of Common Pleas ; 
and if any perfon find himfelf aggrieved by the doings of faid 
Committee, ip eflimating damages, he may apply to faid 
Court of Genei'ai Sefllons of the Peace, provided fuch applica- 
tion be made to the fame Court within one year after the ac- 
ceptance of fuch return ; and fiiid Court is empowered to hear 
and finally determine the fame by a Jury under oath, to be 
fummoned by the Sheriff or his Deputy for that purpofe, if the 
perfon complaining defire the fame, or by a Committee, if the 
perfon complaining and the Proprietors can agree thereon. 
And if the Jury or Committee agreed on as aforeiaid (who are 
to be under cath) fhall not increafe the fum of damages, the 
perfon complaining fliall be at the coft arifing on fuch com- 
plaint, to be taxed againft him by the faid Court ; otherwife 
fuch coft and increafe of damages fhall be paid by the Proprie- 
tors, and execution to ifTue therefor, as aforeiaid exprefTed : 
And it fhall be the duty of fuch Committee or Jury, on appli- 
cation of either of the parties, and reafonable notice given to all 
Committee to perfons interefted, to determine where and how many bridges 
deternurie ref- {\y;^\\ ^g niade and maintained by faid Proprietors over the 
F »ng " t'- Canal aforefaid, and how the fame fhall be conftrufled, and 
v/hat damages fliall be paid by the Proprietors for neglecting to 
make and maintain fuch bridges ; and the report of fuch Com- 
mittee or verdift of fuch Jury being returned into the fame 
Court, and being allowed and recorded, fliall be a fuffitient bar 
againft any aclion brought for damages aforeiaid ; laving only 
that where the fum of damages is not cftimated at a fum in grofs, 
for the full fiitisfa<Slion thereof, but a yearly fum is afTefted, in 
fuch cafe the complainant fhall be entitled to an adion of 
debt for tlie recovery of the fmie, fo often as the fame becomes 
due, during the continuance of the damage done or fufl'ered as 
aforefaid, and alfo fcr the recovery of the damages for negleCl- 
ing to make and maintain the bridges as often as the fame is 
Mills not to be demand.ible : Providedy That no part of the waters of Sabago 
obftruacd, Pond fhall be dlijertfed from their natural courfe, for the purpofe 
aforefaid, fo as to iiijure any mill or mills already built, or that 

may 



CUMBERLAND CANAL. F^^. 25, An. 1795; 45 

may be built hereafter on Prefumfcot River : And provided alfoy 

That no dwelling-houfe lliall be I'emoved, or water-courfe turn- or dwelling 

ed or altered, whereon any mill is ere£led, fo as to injure fuch houferemoved, 

mill, without licenfe therefor, firft had and obtained from the ^" ^°" 

Court of General Seffions of the Peace of the county in which 

fuch houfe may ftand, or through which fuch water-courfe may 

pafs ; and the faid Court of Seffions, on application made to 

them by the faid Proprietors, fhall obferve the fame rules as 

are prefcribed by law when application is made to them for 

granting a public highway : Provided alfo^ That none of the 

waters of the faid river, or of the ponds or ftreams emptying 

into the faid river, fhall be drawn off by faid Canal fo as to 

injure the mills thereon, or the water carriage in the fame river. 

Sect. .4. And be it further enaBedy That if any perfon or 
perfons fhall wilfully, maUcioufly, and contrary to law, take up, 
remove, beat down, dig under, or otherwife damnify any dam, 
canal or lock, or any part thereof, defigned for the purpofes 
aforefaid, or fhall damnify, carry away, or fet afloat to be car- 
ried away, any boards, plank, joift or other timber, or materials 
ufed or to be ufed in or about faid works, or lliall be aiding or 
affifking in any of the trefpafTes aforefaid, he fhall, for every fuch 
offence, forfeit and pay to the Proprietors aforefaid, treble fiich ^°rfe»tures for 
damages as the faid Proprietors fliall make appear to the Juflice or fitted. 
Court and Jury before whom the trial fhall be, that they the 
faid Proprietors have fuftaliied by means of the fame trefpafles, 
to be fued for and recovered in any Court proper to try the 
fame ; and fuch offender or offenders fhall be liable to prefent- 
ment by the Grand Inqueft for faid county of Cumberland^ for ♦ 

any offence or offences againfl this law \ and on conviction 
thereof, on fuch prefentment, before the Court of General Sef- 
fions of the Peace for faid county, or before the Supreme Judi- 
cial Court, fliall be liable to pay a fine to the ufe of the Com- 
monwealth, of not more than ftxty dollars^ nor lefs than fifteen 
dollars^ or be imprifoned for a term not more than three months, 
nor lefs than thirty days, at the difcretion of the Court before 
whom the convidfion fhall be. 

Sect. 5. And be it enaEled by the authority aforefaid^ That the Proprietors au- 
Proprietors aforefaid be, and they hereby are authorized and thorized to 
empowered to purchafe and hold to them, and their fuccelfors F"[^ i ^"t 
forever, fo much land and real eflate as may be neceffary for ^^j-g^ 
the purpofes aforefaid, not exceeding the value of twenty thou- 
fand dollars. 

Sect. 6. And be it further enacted by the authority aforefaid^ 
That for the purpofes of rcimburfing the faid Proprietors the 
money by them expended, or to be expended in building and 
fupporting the dams, Canals and Locks, and clearing the pafla- 
ges neceffary for the purpofes aforefaid, a toll be, and hereby is 
granted and eilabhfhed, for the ible benefit of the Proprietors, 

according 



46 FALMOUTH CANAL. June 25, An.} yg 5. 

A toll cilab- according to the rates following, viz. For every ton weight that 

lifhcd. ^}^^Q j^g tranfported in boais or other vefTels through the faid 

Canal, the lum of Jix cents for each mile ; for all mafts, timber 

and lumber, floated on faid raft, or otherwife, through the fame 

Canal, the lum ofj/x cents a ton for each mile. 

Sect. 7. ^Ivd be it further enacted by the authority aforefaid^ 
Tliat there fliall be toll-gatherers and others, to attend all Locks 
on faid Canal, in the day-time, and on the fame Canal at other 
fuitable places, who fhall give conftant attendance at their re- 
refpccSlive ftations, during the whole of the fcalbn for boats and 
rafts to pafs ; and on the toll being paid, fhall immediately per- 
mit paflengers, with their property, to pals the faid Locks and 
Canal. And the faid toll fhall commence on faid Canal, as foon 
as the fame or any part thereof fliall be completed, and fhall 
continue forever : Provided, That when forty years from the 
iirft opening thereof are expired, the General Court from thence 
forward may regulate the rate of toll ; and the fame fliall be 
colledled in fuch manner as fliall be prefcribed to the faid Cor- 
poration. 

Sect. 8. And he it further ena5led by the authority aforefaid. 
That if the Proprietors aforelaid fliall refufe or negleft, for the 
fpace of ten years after the palCng this Adt, to build and com- 
plete fuch Canal, fo as to be pafTable, in manner aforefaid, then 
this A<St, fo far as it refpefts the fame, fliall be void and of none 
effe<5l, 

[This Ad palTed June 25, 1795.] 



Preamble. 



,. . , An ACT for incorporating Jofeph Noyes and others. 

Additional , , ,._ \ c> . \ / [n n • /. , 

AAs,jan.34A by the Niime and btyie 01 Toe Froprietors of the 

June 23, 1804. Fahiioiith Canal, 

WHEREAS Jofeph Noyes and others have petitioned to be 
incorporated for the purpoi'e of cutting a Canal from 
the waters of Fore River to the waters of Prcjuwpfcot River y 
above Saccarappy Fnllsy in Falmouth : And whereas it is repre- 
fented that fundry perlbns are ready to raife funds fufiucient for 
the purpofc of opening the fame Canal : 

iSect. I. Be it therefore enabled by the Senate and Ftoufe of 

ReprefentativeSy in General Court ajjembled, and by the authoritx of 

the fame, That the faid Jofeph Noyes, Nathaniel Dearing, Jofeph 

p rfo ■ - J^'^^^^h John Wait, Ja7nes Fofdich, John Bagley, IVoodbury Storery 

porated. John Mufey, Samuel ButtSy Ifuac Gage, Caleb Rea, Sawuel Waldo, 

IVilliatn Hafkell, and Andreiv Fepperell Frof, their afibciates and 

fncccflbrs, are hereby incorporated, and Ihall be a Corporation 

forever, under the nzxnQ oi The Proprietors of the Falmouth Canal, 

s and by that name niay fue and profecute, and be fued and pro- 

fecutcd to final judgment and execution ; and fliall be, and 

hereby are veftcd with all the powers and privileges which are 

by law incident to Corporations of a fimilar nature. Sect. 



FALMOUTH CANAL. 7««^ 25, An.1795. 47 

Sect. 2. And be it further enaSied by the authority aforefaid. 
That the laid Proprietors, or any three of them, may make 
their appHcation to any Juftice of the Peace for the county of 
Cumberland, requefting him to call a meeting of the faid Pro- 
prietors, to be holden at fome convenient place within the town 
of Portland, in the fame county ; whereupon luch Juftice is J"*^"^^ °^ '^* 

^ ... JrCEcc cmpow- 

hereby empowered to ifTue his warrant to one of faid Proprie- gred to call 
tors, directing him to warn and notify faid Proprietors to meet meetings, 
at fuch time and place in faid town of Portland, as he fhall 
therein dire£l, to agree on fuch method as may be thought 
proper, for calling meetings of faid Proprietors for the future ; 
and to do and tranfa(5l fuch matters and things, relating to the 
faid propriety, as lliall be exprefled in the warrant. And the Pro- 
prietor to whom fuch wai'rarit fliall be direfted, fhall give notice 
to faid Proprietors, by cauling the fame or the fubftance there- 
of to be publifhed in one of the Portland newfpapers, fourteen 
days before the holding of faid meeting, and make return there- 
of, under his hand, to the fame meeting, to be lodged with the 
Clerk that lliall be then and there chofen. AmX the faid 
Proprietors may, at the fame or any other legal meeting. Proprietors 
choofe a Clerk, Treafurer, and other officer or officers of the empowered. 
Corporation, that they may deem necelTary ; and alfo may 
choofe a Committee for orderine and retmlatino: the bufinefs and 
affiiirs of the laid Corporation j and every Proprietor Ihall have Legality of vo~ 
a right to vote in the proprietary meetings, according to his '^'"°" 
fliare and intercft, in perfon or by reprefentation : Provided, I'rovifo, 
no one Proprietor fliall have more tlian twenty votes ; all repre- 
fentations to be proved in writing, figned by the perfon making 
the fame, by fpeciid appointment, which fhall be filed with and 
recorded by the Clerk •, and this Adt, and all rules, regulations 
and votes of the laid Corporation, fhall be fairly and truly re- 
corded by the faid Clerk, in a book or books for that purpofe to 
be provided and kept : Provided, That whereas it may be ne- 
ceflary, in the profecution of the forep;oing bullnei's, that the 
property of private perfons may, as in the cafe of highways, be 
appropriated for the public ufe. In order that no perfon may 
be damaged by the digging and cutting Canals through his land, 
by removing mills or mill-dams, diverting water-courfes, or flow- 
ing his land by the Proprietors aforefaid, without receiving full 
and adequate compenfation therefor ; 

Sect. 3. Be it enaEied by the authority aforefaid. That in 
all cafes Avhere any peribn fhall be damaged in liis prop- j^g,.}joj e ^^_ 
erty by the faid Proprietors for the purpoles aforefaid, in taining fatib- 
manner as is above exprefled, or in any other way, and the Pro- fadioH incaie, 
prietors aforefaid do not within twenty days after being requefted 
thereto, make or tender reafonable fatisfidtion to the acceptance 
of the perfon damaged by them as aforefaid, the peribn fo dam- 
aged may apply to the Court of the General Scffions of the 

Peace 



48 FALMOUTH CANAL. y««^ 25, An.1795. 

Peace for the county in which the damage fhall have been 
fuftained, to have a Committee appointed by laid Court to efti- 
mate the damage fo done j and the laid Court are hereby author- 
ized and empowered, by warrant, imder the feal thereof, upon 
fuch apphcation made, if within one year from the time of the 
damage done as aforefaid, to appoint a Committee of five difiri- 
terefted freeholders in the fame county, to eftimate the dam- 
ages ; which Committee fliall give feafonable notice to the per- 
fon interefted, and to the Clerk of the Proprietors aforefaid, of 
the time and place of their meeting, and they fhall be under oath 
to perform faid fervice according to their beft flcill and judgment ; 
which having done, they, or the major part of them, Ihall make 
return thereof, under their hands and feals, to the next Court 
of General Seflions of the Peace to be holden in faid county 
after the fame fervice is performed, to the end that the fame 
may be accepted, allowed and recorded ; and the Committee fo 
empowered are required to eftimate the faid damage, and make re- 
turn thereof as aforefaid j and if the eftimate of the Committee 
be accepted by the Court, the Clerk of the Court is hereby au- 
thorized and directed, on application therefor, to iftue an exe- 
cution againft the property only of the Corporation, or of any 
individual belonging thereto, for the fum fo adjudged in dam- 
ages : Provided the fame is not paid within twenty days after 
the acceptance of faid report, and likewife for the coft of 
the faid Committee, and fees of the Court, both to be allowed 
by the Court ; provided the fum of damages eftimated by the 
Committee exceed the fum of damages lb tendered ; but in cafe 
the Proprietors acftually tendered to the perfon complaining, be- 
fore the complaint was exhibited, a fum as great as that allowed 
by the Court in damages, then nothing to be included in tlie 
execution for cofts of Committee or Court ; the execution to 
be iflued by the Clerk of the Court, to be in the fame terms, 
mutatis mut/mdisy and returnable in the lame time, as though 
judgment had been rendered againft faid Corporation, for a like 
fum in damages, on procefs in the Court of Common Pleas ; 
and if any perfon find himfelf aggrieved by the doings of the 
faid Committee in eftimating damages, he may apply to faid 
Court of General Seflions of the Peace ; provided fuch applica- 
tion be made to the fame Court at the next feflion thereof in 
the fime county after the acceptance of fuch return j and faid 
Court is empowered to hear and finally determine the lame by 
a Jury under oath, to be fummoned by the Sheriff" or his deputy 
for that purpofe, if the perfon complaining defire the fame, or 
by a Committee, if the perfon complaining and the Proprietors 
can agree thereon. And if the Jury or Committee agreed on 
as aforefiid, (who are to be under oath) Ihall not increafc the 
fum of damages, the perfon complaining fliall be at the coft 
arifing on fuch complaint, to be taxed againft him by the faid 

Court ; 



FALMOUTH CANAL. >;z^ 25, An.1795. 49 

Court ; otherwHe fuch cofl: and increafe of damages fhall be 
paid by the Proprietors, and execution to iflue therefor, as afore- 
faid exprefled : And it fliall be the duty of fuch Committee or 
Jury, on application of either of the parties, and reafonable no- 
tice given to all perfons interefted, to determine where and how Committee to 
many bridges iliall be made and maintained by faid Proprietors ^^'■^!""^'"^ 55^- 
over the Canal aforefaid, and how the fame fhall be conftrufied, es.^ '"^ " °" 
and what damages fhall be paid by the Proprietors for negledling 
to make and maintain fuch bridges ; and the report of fuch 
Committee, or verdift of fuch Jury being returned into the fame 
Court, and being allowed and recorded, fliall be a fufficient bar 
againft any adlion brought for damages aforefaid ; faving only 
that where the fum of damages is not eflimated at a fum in 
grofs, for the full fatisfa6tion thereof, but a yearly fum is affefTed, 
in fuch cafe the complainant fhall be entitled to an adlion of 
debt for the recovery of the fame, fo often as the fame becomes 
due, during the continuance of the damage done or fuffered as 
aforefaid, and alio for the recovery of the damages for neglect- 
ing to make and maintain the bridges as often as the i'ame is de- 
mandable : Provided^ That no part of the waters of Prefumpfcut 
River fhall be diverted from their natural courfe for the purpofe ^''^^ not to 
aforefaid, and that no dwelling-houle fhall be removed, or wa- ^^ obflruacd, 
ter-courfe turned or altered, whereon any mill is erected, fo as houfe remove^d^ 
to injure fuch mill, without licenfe therefor firft had and obtain- without leave. 
ed from the Court of General Sellions of the Peace of the 
county in which fuch houfe may ftand, or through which fuch 
water-courfe may pafs j and the laid Court of Seflions, on ap- 
plication made to them by the faid Proprietors, fhall obferve 
the fame rules as are prefcribed by law when application is made 
to them for granting a public highway : Provided alfo, That the 
waters of Prefumffcut River fliall not be fo diverted from their 
natural courfe as to impede or any way interrupt the water-car- 
riage down the Prefumpfcut River, to the mouth thereof, and that 
neither the waters of Prefumpfcut River, nor the ponds and 
ftreams emptying into the fame, fhall be fo ch-awn off from their 
naturaf courfe, as to injure the mills ftanding on faid river, or 
the paffing of lumber therein. 

Sect. 4. And he it further enacled. That If any perfon or 
perfons fhall wilfully, malicioufly, and contrary to law, take up, 
remove, beat down, dig under, or otherwife dainnify any dam. 
Canal or Lock, or part thereof, defigned for the purpofes 
aforefaid, or fiiall damnify, carry away, or fet afloat to be car- 
ried away, any boards, plank, joifl- or other timber, or materi- 
als ufed, or to be ufed in or about faid works, o|i[ftiall be aidino- Forfeitures for 
or afl^ fling in any of the trefpafles aforefaid, h^l^^, for every trefpaffes com- 
fuch offence, forfeit and pay to the Proprietors Irarefaid, treble "■"""'^• 
fuch damages as the faid Proprietors IhaU to the Juftice, 
or Court and Jury, before whom the trial fhall be, make appear 
that they have fuftained, bv means or the fame trefpaffes, to 

VoL-IL G be 



so FALMOUTH CANAL. 7«m^25, An.1795. 

be fued |br and recovered in any Court proper to try the fame ; 
and fuch offender or offenders fhall be liable to prefentment by 
the Grand Inquell for faid county of Cumber/and, for any offence 
or offences againft this law 5 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, fhall be 
liable to pay a fine to the ufe of the Commonwealth, of not 
more th^n Jixty dollars^ nor lefs Xh^nffteen dollars , or be imprif- 
oned for a term not more than three months, nor lefs than 
thirty days, at the difcretion of the Court before whom the con- 
viction fliall be. 

Sect. 5. And be it enacled by the authority nforefaid, That 
the Proprietors aforefaid be, and they hereby are author- 
di(mzcd°*^*^to ^^^^ ^^^ empowered to purchafe and hold to them and their 
eurchafc and fucceffors forever, fo much land and real eftate as ztiay be ne- 
hold real cf- ceffary for the purpofes aforefaid, not exceeding the value of 
*^''^* twenty thoufand dollars. 

Sect. 6. And be it further enacted by the authority aforefaid., 
That for the purpofes of reimburling the faid Proprietors the 
money by them expended or to be expended in building and 
fupporting the dams, Canals and Locks, and clearing the paf- 
fages neceffary for the purpofes aforefiid, a toll be, and hereby 
AtoUcftablifn-is granted and eftabliflied, for the fole benefit of the Proprie- 
ed. tors, according to the rates following, viz. For every ton weight 

that fliall be tranfported in boats or other veffels, through the 
faid Canal, the fum oifix cents for each mile ; for all mafts, tim- 
ber and lumber, floated on raft or otherwife, through the fame 
Canal, the fum oi fix cents a ton for each mile. 

Sect. 7. And be it further enaBed by the authority aforefaid^ 
That there fliall be toll-gatherers and others to attend all 
Locks on faid Canal, in the day time, and on the fame 
Canal, at fuitable places, who fliall give conftant attendance at 
their refpective ftations, during the whole of the feafon for 
boats and rafts to pafs ; and on the toll being paid, fliall imme>- 
diately permit paffengers, with their property, to pafs the faid 
Locks and Canal. And the faid toll fliall commence on faid 
Canal, as foon as the iame or any part thereof ihall be com- 
pleted, and fliall continue forever : Provided^ That when forty 
years from the firfi: opening thereof are expired, the General 
Court from thence forward may regulate the rate of toll \ and 
N the fame Ihall be collected in fuch manner as fliall be prefcribed 
to the faid Corporation. 

Sect. 8. And be it further enacled by the authority aforefaid, 
That if the Proprietors aforefaid fliall refufe or negleft, for the 
fpace of teajHrs siFter the pajfling this A£t, to build and com- 
plete fuch Ol^i, fo as to be paffable in^ manner aforefaid, then 
this A6t, fo far as it refpeds the fune, fliall be void and of none 
effea. 

[This A<^ paffed June 25, 1795.] 

An 



JOHN D. WILLIAMS, &c. Jan. 20—22, An.1796. 51 

An ACT to alter the Name of John Williams, to the 
Name of Jobn Davis Williams. 

jyE it e?mcled by the Senate and Houfe of Reprefentativesy in 
■*-' General Court ajfemhledj and by the authority of the famey 
That John Williams^ of Bo/Ion^ in the county of St/ffolhy ion to 
John Davis Williams, of Roxbury, in the county of Norfolk, be, 
and he hereby is allowed to take the chriftian name of John 
Davis, and on every occalion hereafter to make the name of 
John Davis Williatns his proper chriflian and furname, and by 
that name he fhall be known and called in all procefles and re- 
cords whatever. 

[This Act pafled January 20, I79(5.] 

An ACT granting to the Proprietors of the Locks 
and Canals on Merrimack River, a further Time to 
complete the Canal and Locks by Patiicket Falls. 

TiE it enaBed by the Senate and Houfe f Reprefcntatives, in 
-^ General Court ajfembled, and by the authority of the fame. 
That the term of three years, from and after the palling of this Time limited- 
A(5l, be, and hereby is allowed them to complete the Canal and to complete 
Locks by the Great Falls of Patucket ; and that all the rights ^^°^^ ^"^ 
and authorities vefted in the faid Proprietors by the Act incor- 
porating them, entitled, " An A£t incorporating Dudley Atkins 
Tyngy Efq. and othtrs, for the purpofe of rendering Merrimach 
i2iw>- pafllible Avith boats, rafts andmafts, from the divifional line 
of New-Hampfnre and Mafachufetts, to the tide waters of the faid, 
river, by the name of The Proprietors of the Locks and Canals 
on Merrimack River ;" or which would by the faid A<St be vefted 
in them, if the fiid Cunal and Locks Ihould be completed by 
thp time in the faid Ait limited, Ihall veft in and appertain to 
them, in as full and ample manner as if the faid additional term 
hereby granted, had been limited and granted in and by the faid 
Aft i any thing in the fame to the contrary notwithftanding. 
[This Act palfed January 22, 1796.] 

. ; — - — 7 — — — 

An ACT to fet off 'Nathaniel Lawrence, with his Eftate, 
from ihe Town of Groton, ajid annex them to the. 
Town of Dwifiable. 

T)E it enacted by the Senate and Houfe of Reprcfentatives, in- 
•'-' General Court ajfevibled, and by the authority of the fame. That 
Nathaniel Lawrence, of Groton, in the county of Middlefcx, 
together with his cftate, which he now owns in that town, Natlil. Law- 
be, and hereby is fet off from faid tov/n of Groton, and annex- ^'^"'^'^ ^'^^ ^^' 
ed to the town of Dunfahle, in the faiue county ; and fliall 

hereafter 



52 MONUMENT.. ..BELGRADE. Feb. 3, An. 1796. 

hereafter be conlldered as part of the fame ; there to do 
duty and receive privileges as the other inhabitants of faid town 
of Dunjlabie : ProvnU'd Tievetthelefs, That the faid Nathan- 
iel Laiviencs {hall be hoi den to pay all taxes that have been 
legally affefled on him by faid town of Gioton, in the fame 
manner as if this A<St had not been pafTed. 

[This Act palTed January 2(5, 179^.] 

An ACT for the Prefervation of a Monument erecled 

on the Heights of Charkjiown. 

Preamble "^"^ THERE AS the Society of Free Mafons, in Charkjiouoni 

Y V ^'^ *^^ county of .Middlefexy delignated by the name of 

King Solomons Lodge, have erefted a Monument in memory of 

Major General Jofeph Warren, and his aflbciates, who were 

flain on tl\e heights of faid CharleJIoiun, on the feventeenth of 

June, one thoufand fevea hundred and feventy-five ; and have 

been prefented by the Hon. James Riijfell with a piece of land 

for that purpofe : 

Sect. i. Be it enacicd by the Senate and Houfe of Repre- 

fentaiives, in General Court ajfemhled, and by the authority of the 

fame, That any legal deed or conveyance of the faid land, duly 

holSn'^land. ^^^'"^^^^ fliall enable the faid King Solomon's Lodge of Free 

Mafons to hold the fame in fee fimple, for the purpofes afore- 

faid, forever. 

Sect. 2. And be it further ennBed by the authority aforefaidy 
Treafurer au- That the Mafter or Treafurer of the faid Lodge for the time 
tiiorizcd to pre- being fliall have power and authority to fue for and recover 
bchL douT ^^^ damages, in any court of law fuitable to try the fame, from any 
perfon or perfons who fhall be convidled of defacing, injuring, 
01; deftroying the faid Monument ; and the perfon or perfons 
thus convifted fliall, in addition to I'uch damages as may be le- 
gally awarded, pay to the Mafter or Treafurer of the faid Lodge, 
u fine not exceeding t'wenty dollars, nor lefs than two dollars, at 
the difcretion of the court before whom the action for damages 
fhall be finally tried •, which fines fliall be appropriated for the 
ncceffary repairs of the faid Monument. 

[Tliis Act pafied February 3, 1796.] 

An ACT to incorporate the Plantation of Wajhington, 
lying well of Sydney, in the County of Liricoln, into 
a Town by the Name of Belgrade. 

Cp JDE it enaEled by the Senate and Houfe of Reprefenia- 

-*■-' fives y in General Court affemblcd, and by the authority 
of the fame, That the following defcribed tradt of land, lying weft 
of Sydney, in the county of Lincoln, viz. Beginning at the north- 
weft 



FISHERY. ^ Feb, s. An,iyc)^ 53 

weft corner of Sydney; from thence running weft-north-weft 

about one mile and a half, to the Great Pond, fo called 5 thence boundaries. 

wefterly acrofs the faid Great Pond, about three miles, to the 

outlet thereof, on the northerly fide of the outlet ; thence 

wefterly, on the northerly fide of the mile and half ftream, 

about half a mile, to the Long Pond, fo called j thence fouth- 

erly, through the middle of faid Long Po:id, about one mile, 

to the north-eaft corner of Mount Vernon ; thence foutherly 

and eafterly, by Mount Vernon line, about feven miles, to the 

north line of the town oi Readfield ; thence eafterly, on faid 

Readfield line, about three miles, to the fouth-weft corner of 

Sydney aforefaid ; thence northerly on the weft line of Sydney^ 

about nine miles to the firft mentioned bound, together with 

the inhabitants thereon, be, and they hereby are incorporated 

into a town by the name of Belgrade. And the faid town is 

hereby inverted with all the powers, privileges and immunities 

v/hich other towns in this Commonwealth do or may enjoy by 

law. 

Sect. 2. And be it further enaElcdhy the authority aforefaidy 
That William Brooks^ Efq. be, and he is hereby empowered to jufti^to iffue 
iiTue his warrant, directed to feme fuitable inhabitant of faid warrant, 
town, requiring him to warn the inhabitants thereof to meet 
at fome convenient time and place, to choofe all fuch officers 
as towns are by law required to choofe in the months of March , 
or jdj>yi/ annually. 

[This A£t palTed February 3, 1796.] 



An ACT to enable the Town of Naiick to regulate 
and order the taking of the Fifh called Shad and 
Alewives within the Limits of faid Town. 

'DE it enaEled by the Senate and Houfe of Reprefentatives, in Gen-i 
eral Court aff'embledy and by the authority of the fame^ 'Phat 
from and after the publication of this Adt, it fliall and may be 
lawftil for the inhabitants of faid town of Natick, at their Inhabitants in 
annual meetinj: in March or April, during^ the continuance of *°^"''^*^'-'"."S: 

to Q'^tcrminti 

this Adl, to determine and order in what manner, and by whom j-efpectino- the 
the faid iilh, called Ihad and aleAvives, may be taken within the catching fiflu 
limits of laid town \ and the faid inhabitants ftiall cauie a copy 
of fuch order, attefted by the Town-Clerk, to be pofted up in 
fome public place in faid town, whereunto all perfons fliall con- 
form with refpe^t to the taking faid 11 ih called Ihad and alewives 
within faid town of Natick, on penalty that each and every of- 
fender againft the fame ftiall forfeit and pay the fum of three 
dollars and thirty-three cents, to be fued for and recovered before 
any Court proper to try the fame 5 one moiety to the informer, 
and the other moiety to the poor of faid town of Natick. 
[This Acl pafled February 5, 1 796.3 

An 



54 



HARLEM, &c. Feb, 8, An. 1796. 

An ACT to incorporate the Plantation called Jones 
Plantation^ in the County of Lincoln, into a Town 
by the Name of Harlem. 



Sect. 



T)E it cnaEied by the Senate and Houfe of Reprefenta- 
•*-' tives, in General Court ajpnibled^ and by the author- 



ity of the fame. That the following dei'cribed tract of land, lying 
eaft of Vajfalboroiighy in the county oi Lincoln, and bounded as fol- 
lows: Beginning at the north-eafteriy corner of P^aJJalborough, ivoxn. 
Boimdanes of ^j-^gj-j^-g running fouth lixty-eight degrees eaft fix miles ; thence 
fouth twenty-nine degi-ees weft eight miles and one hundred and 
eighty rods ; thence north fixty-eight degrees weft about fix 
miles to the fouth-eafterly corner of Vaffaiborough aforefaid j 
thence north twenty-nine degrees eaft, and bounded by the 
eafterly line of faid Vaffaiborough, about eight miles and one 
hundred and eighty rods to the bound firft mentioned, together 
with the inhabitants thereon, be, and the fame hereby are in- 
corporated into a town by the name of Harlem^ and the faid 
town is hereby vefted with ail the powers, privileges and immu- 
nities vvhich other towns within this Commonwealth do or may 
by law enjoy. 

Sect. 2. And be it further enaEled by the authority aforefaidy 
Juftice to iffuc That Ebenezer Fare^uell, Efq. be, and he is hereby authorized 
hvs warrant. j.q j|^^g ]^-^jg warrant, directed to fome fultable inhabitant of faid 
town, requiring him to warn the inhabitants thereof to meet at 
fuch time and place as fliall be exprelTed in faid warrant, for 
the purpofe of choofmg all fuch town officers as other towns 
within this Commonwealth are required to choofe within the 
month oi March or April annually. 

[This Act paffed February 8, 1 796.] 

An ACT for incorporating certain Perfons for the 
.Ajjitionaixct, Purpofe of building a Bridge over Kennebeck Rm;er 
Feb. 5, 1799- at Fort Wc/lsni, in the Town of HalloivelL 

W'"HEREAS the eret^ing a Bridge over Kenfiebccl! River at 
Fort IVeJlern, would be of great public utility, and 
Samuel Hoivard and others have petitioned this Court for an 
Act of incorporation to empower them to build faid Bridge : 

Sect. 1. Beit therefore enaBed by the Senate and Houfe cf 
Reprefentatives, in General Court affenibled, and by the authority 
of the fame. That Samuel Hoivard, IVilUam Howard, Jofeph 

VS^iTJ,\ '"' ^^°^'^^^ ^"'"'^ ^^^''^y^ J'^^^'^"^ Jewett, Samuel Button, JVilliam 
Brooks, Matthew Hnyward, and James Bridge, Efq'rs. with all 
thofe who have aftbciated for the purpofe, together with all 
thofe who lliall hereafter become Proprietors in faid Bridge, 
iiiall be a Corporation and Body Politic, under the name of 

The 



corporated. 



KENNEBECK BRIDGE. Feb, 8, An.1796. 55 

The Proprietors rf the Kenncbeck Bridge ; and by that name may 
fue and profecute, and be fued and profecuted to final judg- 
ment and execution, and do and fuffer ail other afts and things, 
which Bodies Politic may and ought to do and fuffer ; and 
that faid Corporation Ihall have full power and authority to 
make, have and ufe a common feal, and the fame to break, Common feal, 
alter and renew at pleafure. 

Sect. 2. And be it further enaBedy That the faid William 
Hoiuard and Jofcph North may, by advertifement in one of 
the newfpapers printed in Halionvell-, warn and call a meeting of To warn % 
the aforefaid Proprietors, to be holden in Halloivell aforefaidj oieetinj. 
at any fuitable time after fourteen days from the publication 
of fuch advertifement ; and the faid Proprietors by a vote of 
a majority of thofe prefent, accounting and allowing one vote 
to each fiiare (provided no perfon fliall be entitled to more 
than ten votes) fliall choofe a Clerk, who fliall be fworn to 
the faithful diicharge of his office ; alfo may at the fame or 
any fubfequent meeting, choofe fuch other officers as may be 
found necelTary for managing the bufinefs of the faid Corpo- 
ration, and fhall agree on a method for calling future meet- 
ings ; and at the fame or any fubfequent meeting may make 
and eftablilh fuch rules and regulations as fhall be deemed 
convenient or neceffiiry for regulating the faid Corporation, 
effecting, completing and executing the purpofes aforefaid, 
and for collecfting the toll herein granted ; and the fame rules 
and regulations may caufe to be kept and executed, and for 
the breach of any of them, may order and enjoin fines and 
penalties not exceedingj^.vr pounds ; provided that faid rules 
and regulations be not repugnant to the Conftitution or 
laws of this Commonwealth. 

SgCT. 3. And be it further enaBed by the authority aforefaid^ 
That faid. Bridge fliall be eredled at Fort Wejlcmy between pj^^^ . 
the ferry called Pollard'' s Ferry and the Mill Streayn fo called, built, 
which empties into Kcnnebeck River about one hundred rods 
north of faid ferry ; and {hall be built of good and fufficient 
materials, not lefs than thirty feet wide, and well covered with 
plank or timber fuitable for fuch a Bridge, virith fufficient rails 
on each fide for the fafety of paflengers. And the fills or 
ftrlng-pieces of faid Bridge fhall be laid at leafl fixteen feet Material*, 
above the furface of the water in the river at common high 
water in the fummer feafon, fo as to preferve without inter- 
ruption the privilege of tranfportation in boats and other water 
craft, and of rafts under faid Bridge : And the faid Bridge 
fhall be fo conftruiSted as to leave a palTage between the piers, 
which fhall or may be erected for the iupport of faid Bridge, 
the width of one hundred feet at leaft ; and not lefs than that 
width fhall be preferved in each and every pafTage-way be- 
tween the piers uader faid Bridge, 

Sect, 



S6 KENNEBECK BRIDGE. Feb.S,An,iyg6. 

Sect. 4. And be it further enaEled by the authority aforefaidy That 
for the purpofe of reimburling the faid Proprietors of Ketmebech 
Bridge the money expended and to be expended in building, fup- 
pcrting and keeping in repair the faid Bridge, and for indemni- 
fying them for their rifque ; a toll be, and hereby is granted and 

Toll eftathfh- eftablifhed for the fole benefit of faid Corporation, according 
to the rates following : viz. For each foot pafTenger, or one 

— rates of. P^^fon paffing faid Bridge, two cents ; one perfon and \\or^e, Jtx 
cents and one quarter of a cent ; fingle horfe-cart, fled or fleigh, 
ten cents ; each wheel-barrow, hand-cart, and every other ve- 
hicle capable of carrying a like weight, yo/;r cents ; each team, 
including cart, fled or fleigh, drawn by more than one beaft, 
not exceeding four, tivelvc cents and an half cent ; and for every 
additional beafl: above four, two cents each ; each fingle horfe 
and chaife, chair or fulkey, ftxteen cents and three quarters of a 
cent ; each coach, chariot, phaeton and curricle, thirty-five 
cents ; neat cattle or horfes, exclufive of thofe rode on or in 
carriages or in teams, two cents; flicep and fwine, for each 
dozen,^.v cents ; and at the fame rate for a greater or lefs 
number. And in all cafes the fame toll fliall be paid for all 
carriages pafling faid Bridge, whether the fame be loaded or 
not loaded ; and to each team one man and no more fliall be 
allowed as a driver to pafs free from payment of toll. And 
the faid toll fliall commence at the day of the firft opening of 
the faid Bridge for pafl'engers, and fliall continue for and 
during the term of feventy-five years from the faid day, and 
be collefled as fliall be prefcribcd by the faid Corporation : 

Provifo. Provided the faid Proprietors fhall at all times keep the faid 

Bridge in good and pafl"able repair ; and provided alfo that 
any of the inhabitants of the faid town of Hallowell^ goi^^g to, 
or returning from public worfliip, on the Lord's day, or at the 
annual meetings in faid town. In the months of Mtfrch^ April 
or May forever hereafter, fliall have liberty to pafs and repafs 
■ the faid Bridge free from toll. 

Sect. 5. And be it further enaBed^ That if the feid Corpo- 
ration fliall neglect or refufe, for the fpace of feven years from 
the pafling this Act, to build and complete the faid Bridge, 
then this Act fliall be void and of none efleit. 

[This A6t pafl^ed February 8, 1 796.] 



JuJy 5. 



An ACT in addition to an Act pafled in the Year 
of our Lord One thouflmd feven hundred and 
eighty-three, incorporating the Eafb Parifli of 
South-Brimficld^ into a DiftricT: by the Name of 

Holland, 
Preamble. '^^T^^^''^-^''^''^ diiB.cuhies have arifcn refpefting fupporting 
i^y the public road which is by faid A6t the dividing line 

betwixt 



COLUMBIA. Feb. 8, An. 1796. $1 

betwixt South-Brhnjicld and the dift:ri£l of Holland ; for the 
remedy of which, 

Be it enacted by the Senate and Hoiife of ReprefentativeSf in 
General Cottrt afftmhledy and ty the authority of the fame. That 
from and after .the paffing this Adl, one mile, two hundred 
iand ten rods of the before-mentioned road, beginning at 
Brimfeld fouth hne, and running foutherly, fhall forever here" 
after belong to and become a part of the difl:ri6t of Holland. 
[This A61 p?.ffed February 8, 1 79<5.] 

An ACT to incorporate the Plantations, Number 
Twelve and Thirteen, Weft of Macbias, in the 
County oiWiifoingfon, into a Town by the Name 
of Columbia. 
« "DE it enacted by the Senate and Houfe of Reprefenta^ 

fives, in General Court affemhled, and by the authority 
of the fame. That the Plantations Niimber Twelve and Thir- 
teen, well: of Machias, in the county of Wafiington, bounded 
as follows, to wit : Beginning at the fouth-eaft corner of Plan- ^ j • . 
tationNumbevThirteen, en the head line of Plantation Number 
Six •, thence running weft ten miles and a quarter on faid head 
line of Number Six and Number Five, to a corner, bounded 
on the eafterly fide of Number Eleven ; thence running north 
five miles and three-quarters to a corner which terminates in 
a pond ; thence eaft on the foutherly bounds of townlhips 
Number Eighteen and Nineteen, ten miles and a quarter to a 
corner j thence fouth, five miles and two hundred and nine 
rods on the wefterly line of townlliip Number Twenty-two, 
to the firft mentioned bounds, together with all the inhabit- 
ants thereon, be, ancT they hereby are incorporated into a Columbia b- 
town by the name of Columbia. And faid town is hereby corporated. 
vefted 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 enacted. That Alexander Campbell, 
Efq. be, and he hereby is empowered to ilTue his warrant, Alcx.CampbeU 
direfted to fome fuitable inhabitant of faid town, requiring ^u'l^o^^ed. 
him to warn a meeting of the inhabitants of faid town, at fuch 
time and place as fhall be exprefTed in fuch warrant, for the 
purpofe of choofing fuch town officers as other towns are em- 
powered to choofe in the month of March or April annually. 
[This MX pafTed February 8, 1 796.J 

An 
Vol* it. H 



53 



CASTINE. 



P^^, I a, An. 1 7 96., 



An ACT to divide the Town of Penobfcot into two 
diftinct Towns ; and to incorporate the Southerly 
Part thereof into a Town by the Name of Cajiine. 

JDE it enaBed by the Senate and Houfe of Reprefenta" 
bECT. I. Jj ^-^^^^ i^j^ General Court a(Jemhledy and by the author- 
ity of the fame. That the town of Penobfcot, in the county of 
Hancock,' he:, and hereby is divided into two feparate and dif- 
tinft towns, and that the foutherly part thereof, bounded as 
Boundaries. follows, viz. Beginning at the north-weft corner of Andrenv 
Steele's lot of land on Penobfcot Bay or River, fo called ; thence 
running on faid Steele's northerly line, till it ftrikes the centre 
line fo called, dividing the lots on each fide of the neck of 
land ; thence down faid centre line a fouth-wefterly courfe, 
till it comes to the dividing line between Oliver Parker, Efq. 
and Peter Mograge ; thence by faid dividing line, a foutherly 
courfe to Moore's Cove, fo called ; from thence over the wa- 
ters of Majnbiguadiice River, fo called, including the whole of 
the peninfula, to the northerly line of land belonging to John 
Cotnlon, in the cove oppofite the peninfula ; thence running 
fouth feventy-eight and three-quarters of a degree eaft, to the 
line dividing Penobfcot from Sedgivick ; thence fouth-wefterly 
adjoining the town of Sedgivick to Bucks Harbour, fo called ; 
thence following the courfe of the bay round Cape Rofia, to 
the fouth-weftern extremity of the peninfula of Penobfcot ; 
thence round the bay called Penobfcot Bay or River, to the 
north-wefterly corner of Jmlreiu S/ecle's lot aforelaid, together 
with all iflands included within faid lines and the inhabit- 
ants within the fame, be, and they hereby are incorporated 
into a town by the name of Cajiine, with ail the powers, privi- 
leges and authority of ether towns in this Commonwealth. 

And v/hereas the Court of Common Pleas, and Court of 
General Scffions of the Peace for the county of Hajicock, have 
been heretofore holden in that part of the tov/n of Penobfcot 
now hereby incorpon-.ted : 

Sr CT. 2. Be it further enaBed by the authority aforefaid. That 
the KtidC'^urts fiiall continue to be holden in faid town of Cafline^ 
and the laid town of Cafine Ihall be, and hereby is conftituted 
SJiIretown. the fiiire town of faid county oi Hancock ; and all writs, pre- 
cepts and judicial proceedings whatever, which are or may be 
returnable to either of the Courts aforefaid, Ihall be accepted, 
adjudged and confidered by the faid Courts in the faid town 
of Cajiine / any law to the contrary notwithftanding. 

Sect. 3. And be it further enaElcd by the authority aforefaidy 
Roads and ex- That thc county roads now laid out Avithin the faid towns of P^- 
penfes equally jtobfcot and Cafine, fliall be divided into two equal parts ; and 
divided be- ^ ^ .- • j ^^^^j^^ ^-^^^ ^^ their own expenfe open, clear out» 
fcot & Caitine. bridge. 



NORTHPORT. Feb, 1 3, An. 1 796. 59 

bridge, cauf^ay, and put in good pafTiible repair for team* 
and carriages, one half of the faid roads, within three years 
from the paffing of this Acl ; and in cafe of any difagreement 
between the faid towns, with refpecl to the divilion of the faid 
roads, the Court of General Seffions of the Peace for the 
county of Hancock may, on application from either party, make 
or order fuch diviiion : Provided however^ That when the faid 
roads fliall be put in repair as aforefaid, each town fliall main- 
tain and keep in repair the roads tyipg within the fame. 

Sect. 4. And be it further enaEied by the authority aforefaid^ 
That until a new general valuation isi taken, the State taxes 
which may be called for from the aforefaid towns, ihall be 
levied in the following proportion, viz. Three-fifths of the Proportion ©f 
whole fum on the town of CaJIiuey and two-fifths thereof on ^^^^^ levied. 
the town of Petiobfcot ; and each of the aforefaid towns fliall be 
holden to pay fuch proportion accordingly. 

Sect. 5. And be it further etiacied by the authority aforefaid. 
That Oliver Parker, Efq. be, and hereby is authorized and Jnftice to iffne 
directed to iflue his warrant to fome principal inhabitant of the '^^"3"^'- 
faid town of Cafiine, requiring him to notify the inhabitants 
of faid town, quahfied as the law diredls, to alTemble at the 
time and place by him appointed, to ele£l fuch officers as towns 
are by law empowered to ele£t in the months of March or April 
annually. Provided ho'wciier, That nothing in this A€t con- 
tained fliall be conftrued as a relinquiftiment of any property, 
which either of the towns aforefaid may claim as belonging to 
townfliip Number Three before its incorporation. 
£This A^t paiTed February lo, i/P^.J 

An ACT to incorporate the Northerly Part of the 
Plantation called Ducktrap. in the County of Han- 
cocky into a Town by the Name of Northport. 

e T)E it ena-Sfed by the Senate and Hotfe of Repre- 

fentatives, in Getieral Court alfjnbled, and by 
the authority of the fame, That the northerly part of the plan- 
tation called Duchtrap, in the county of Hancock, contained 
within the following defcription, to wir. Beginning at Little Boundarlesi 
River, fo called, on the line of the town of Belfa/l ; thence 
running a fouth-weflerly courfe round the fliore of the Bay 
called Penobfcot Bay, and round Ducktrap Point, fo called, to the 
line dividing Jofhua Adams'"?, land from land belonging to John 
Wade ; thence upon faid line north-wefl-by-north, or till it 
ftrikes the head of a pond, about a mile from the fliore ; from 
thence acrofs faid pond the fame courfe till it flrikes the line 
dividing Henry Pendleton's, land from land of George Pitcher ; 
thence north-weft-by-north fo far as to make fix miles from 
the fhore j thence north-eaft-by-eaft three miles and one-flx- 

teenth » 



6o ALLEN DRYER, &c. F^^. 13— 15, An. 1796, 

teenth ; thence fouth twenty-two degrees eaft, ninety rods to 
the fouth-wefterly line of BJfjJl ; thence north fixty-eight 
degrees eaft upon Belfajl line three miles and eightyrnine rods 
■ to the firft mentioned boundary, together with inhabitants 
within faid diftrift, be, and they hereby are incorporated into a 
town by the name of No'thport, with all the powers, privileges 
and immunities of other towns in this Commonwealth. 

Sect. 2. And he it further enaBcd by the authority aforefa'id^ 
Tuft'ice to Iffue That Oliver Parker^ Efq be, and he hereby is authorized and 
israrrant. dire£led to ifiue his warrant to fome principal inhabitant of the 

laid town of Northpo'ti recuiring him to warn the inhabitants 
of faid town to meet at fuch time and place as fliall be appoint- 
ed in faid warrant, to cle6t fuch officers as towns are by law 
empowered to eledl in the month of March or April annually. 
Provided neverthelefs, That the inhabitants hereby incorporated 
fliall be holden to pay their proportion of all taxes heretofore 
affelTed upon the plantation of Ducktrapy and all othe;- demands 
thereon. 

[This A<51: pafled February 13, 1 796.] 

An ACT to annex Allen Drycr^ and others, in the 
Town of Weji-Sfockbridge^ in the County of Bei'k- 
Jld'irc^ to the Firft Baptifb Religious Society in faid 
Town. 

D£ it efiaBed by the Seriate and Houfe of Rcprefentativesy in 
■^ General Court njjevibled, and by the authority of the fame^ 
Names. That Allen Dryer ^ N^dhaniel Wilfon,]\\n. Rujf II Gilbert, Sylvanus 

Farmele, Edmund Hull, Simeon Hooker, Hubbell Stevetis, Lewis, 
WilfoJi, Chtiflophcr French, John Cherrytt ee, Afa Corban, Thom- 
as BenediBy Calvin Hooper, Eli/ha Hoope'-, John Lane, Hanniel 
Warner, Lombard Hart, Chejier Goodale, Saiah Jacobs, John 
Newell, jun. James Murray, Luther Hooper, John Fifher, and 
Jonas Allen, all of the town of W^e/l-Stoclbridge, in the county 
<pf Berk/hire, with their eftates real and perfonal, be, and they 
hereby are annexed io the faid Religious Society. 
[This A£t pafled Febi ua>y 13, 1796.] 

A.n ACT altering the Chriftian Name of Samuel Gard" 

ner. 
TjE it encSled by the Senate and Hoife of Rcprefentatives, In. 
-M General Court ajfunbled, and by the aiithority of the famey 
That from and after the paffing of this Adl, Samuel Gardner^ 
formerly of Salem, now oi Bojhn, in the county of Suffolk, vaev- 
chant, iiiall be, and lie hereby is authorized and empowered to 
take, bear and ufe the name of Samuel Pickering Gardner, and 
j(hall be called and known by that name at all times hereafter. 
[This Ad paiTed February 15, 1796.2 

A» 



ESSEX MERRIMACK BRIDGE. Feb. 23, An. 1796. 61 

An ACT to change the Name of Mofes Porter Phelps, 
to the Name of Charles Porter Phelps. 

TiE it enaBed by the Senate and Houfe of Reprefeutatives ^ in 
-*-' General Court ajfemhled^ and by the authority of the fainey 
That from and after the paffing this A6t, Mofes Porter Phelps^ 
refident in Bojlon, in the county of Suffolk, fon of Charles Phelps^ 
of Hadleyy in the county of Hampjhire, be and he hereby is au- 
thorized and allowed to take, ufe and bear the name of Charles 
Porter Phelps, inftead of the name of Mofes Porter Phelps, and 
by that name to be forever hereafter known and called in all 
procefles and records whatfoever. 

[This A£t paffed February 15, I79<5,] 

An ACT in further addition to an Ad, entitled, "An 
Act for incorporating certain Perfons for the Pur- 
pofe of building a Bridge over Merrimack River, 
in the County of EJfex, and for fupporting the 
fame," paffed February, One thoufand feven hun- Feb. 24, i79»' 
dred and ninety-two, 

WHEREAS the Proprietors of EJfex Merrimack Bridge 
have reprefented to this Court the great coft of build- Preamble, 
ing faid bridge, and the inadequate compenlation they derive 
from the prefent toll, and praying for further provilion to be 
made for them : 

Sect, i. Be it enaSled by the Senate and Houfe of Repre- 
fentatives, in General Court affemhled, and by the authority of the 
fame. That the claufe in the Adl to which this is in addition 
eftablifhing th^ates of toll, be, and hereby is repealed ; and Je'^eTled.*''^"^* 
that the foUoT^g rates of toll be, and hereby are eftabliflied 
for the benefit of the faid Proprietors, viz. For each foot palTen- j^^tes of tolj. 
ger, one cent ; for each horfe and rider, four cents and five 
mills,— ■AXidi for each additional rider, one cent ; for each horfe and 
chaife, chair or fulkey, twelve cents and five mills ,• for each 
cart, fled, or other carriage of burthexi, or riding fleigh, drawn 
by one beafl, ten cents ; for each waggon, cart, fled, or other 
carriageof burthen,drawnbytwobeafts, and not exceeding four, 
twelve cents and five mills,~znd for each additional beaft above 
four, three cents ,- for each riding fleigh, drawn by two beafts, 
fifteen cents,— znd three cetits more for each additional beaft ; for 
each coach, chariot, phaeton, or other four-wheel carriage for 
pafTengers, twenty-five cents ,• for each curricle, feventeen cents ; 
for each horfe or neat cattle, exclufive of thofe rode, or in 
carriages, three cents ; for fheep or fwine, one cent each ; and to 
?ach team one perfon and no more fliall be. allowed as a dri- 
ver 



62 



Provifo. 



DALTON....EDEN. 



Feb. 23, An. 1 795. 



ver to pafs free of toll ; for each wheel-barrow, or hand-cart, 
with one perfon, three cents. And at all times when the toll- 
gatherer Ihall not attend his duty, the gate or gates fliall be 
left open. 

Sect. 2. Provided tieverthelefs, That after fifty years from 
the palling the Act to which this is in addition, the rates of 
toll fhall be fubjedl to the regulation of the Legiflature of this 
Commonwealth ; any thing in any former A6t to the contra- 
ry notwithftanding. 

[This Adl pafied February 23, i']^6.'] 



Preamble. 



An ACT for repealing Part of an A<51 paffed the 
twenty-eighth Day of February, Anno Domini One 
thoufand feven hundred and ninety-five, entitled, 
" An Aft to fet off a Part of the Town of Wind/or, 
in the County of Bcrkjljire, and to annex the fame 
to the Town of D alt on?* 

WHEREAS in tlie laft ena£l:ing paragraph of the fald A6t 
the following words are inferted, viz. " And that the 
faid inhabitants flaall be entitled to receive their proportion of all 
monies, lands and other eftates, real and perfonal, now the prop- 
erty of the faid town of Windfor^ agreeable and in proportion 
to the laft valuation." And whereas it appears to this Court 
that the above-recited words were inferted through miftake or 
Ujifappreheniion : 

Be it enacted h^ the Senate and Houfe of ReprefentativeSy in 
General Court ajfembled, and hy the authority of the fame, That 
fo much of the faid laft enacting paragraph of the faid A£t as 
is comprifed in the above-recited words of the fame, be, and 
hereby is repealed. .^^ 

[This A£l paffed February 23, 17^?) 



Boundaries. 



An ACT dividing the Town of Mount Dcfert, in the 
County of Hancock, into two diftinct Towns, and 
for incorporating the northerly Part of faid Town 
into a feparate Town by the Name of Eden. 

m T>F it enaEled by the Senate and Hoife of Reprefenta- 

fives, in General Court ajjembled, and by the author- 
ity of the fame. That the town of Mount Dcfert, in the county 
of Hancock, be divided into two towns, and the northerly part 
of faid town, bounded foutherly by a line beginning at the point 
north of Gofemarfj Falls, fo called ; thence running an eallerly 
courfe to the top of the tide, at the head of the found ; and thence 
eafterly a flraight courfe to the top of the tide at Otter Creek, 
fo called, being the eafterly bounds of faid town, and eontaining 

alt 



T. GARDNER SET OFF. Feb. 25, An. 1796. 6^ 

all that part of the town of Mount Defert, north of the line 
aforefaid, together with the inhabitants thei'con, be, and hereby 
are incorporated into a feparate town by the name of £den. 
And the faid town of Edm is hereby invefted with all the 
powers, privileges and immunities which other towns in this 
Commonwealth do or may enjoy by law. 

Sect. 2. ^nd be it further enaEled by the authority aforefaid^ 
That the inhabitants of the faid town of Eden Ihall pay all the Sub)e<St to pay 
arrears of taxes which have been alTeiTed upon them by the arrears of taxet. 
town of Mount Defert : And the inhabitants of the faid town 
of Eden (hall pay their proportion of all debts now due from 
the town of Mount Defcrt, and fliall be entitled to receive their 
proportion of all debts and monies now due to the faid town of 
Mount Deferty and alfo their proportionable part of all other 
property of the faid town of Mount Deferty of what kind or 
defcription foever. 

Sect. 3. 'And be it further enaBcd by the authority aforefaidy 
That Paul Dudley Sargeanty Efq. be, and he hereby is authorized l^^'^^ '° '^"'^ 
to ilTue his warrant, direcStcd to fome principal inhabitant of the 
{aid town of Edeny requiring him to warn and give notice to the 
inhabitants of the faid town to meet at fome fuitable time and 
place in the faid town of Eden, to choofe all fuch officers as 
towns are required by law to choofe at their annual town meet- 
ings inthe month of March or April annually. 

[This A6t pafied February 23, 1796.] 



An ACT to fet off Thomas Gardner of Cambridge , in the 
County of Middlefexy from the South Parilh of 
Cambridge^ and to annex him and his Eftate to the 
Firft Parifh in faid Town. 

JDE it enaEled by the Senate and Houfe of Reprefentativesy in 
-'^ General Court ajfembledy and by the authority of the fa7ney 
That Thomas Gardner of Cambridgey in the county of Middlefexy 
with his polls and the eftate now in his polTeffion, of which his 
late father was feized at the time of the incorporation of the 
South Parifli of the town of Cambridgey lying and being in the 
faid South Parifh, be, and hereby is fet off from the faid South r^,^^^ Cardnwr 
Parifh, and annexed to the Firft Parifh in faid town : Providedy fet off. 
That the faid Gardner fhall pay the taxes which are now al- 
feiTed upon him by the South Parifli aforefaid. 

[This A6t paiTed February 25, 179^-] 

An 



^4 CALICO PRINTING MANUFA. FeL I5, An.i796r* 

An ACT to incorporate Henry Prentifs aiid others 

hereinafter named, with their AlTociates, by the 

Name of The Proprietors of the Calico Printing Man- 

ufaEture. 

« jyE it enaBed by the Senttte and Houfe of Reprefenta' 

•^ fives, in General Court affembled, and by the anther- 

ity of the fame, Tliat Henry Prefitifsy JViUlam Shattuck, James 

Proprietors in- Lloyd, Thomas Clark, and Lewis Hayt, with their affociates, who 

corporated. ^^^ ^^ ^-^q fhall become Proprietors in the Calico Printing 
Manufacture, Ihall be, and they liereby are incorporated by the 
name of The Proprietors of the Calico Printing Manufacture ; 
and by that name may have, purchafe and hold real and perfonal 
eftate, not exceeding in the whole amount ten thotifand dollars^ 
exclufive of their manufacturing ftock. And all votes, in any 
meeting of the Proprietors, fliall be taken according to the ma- 
jority of lliares or intereft in the eftate of faid Corporation, pref* 
ent or reprefented thereat. 

Sect. 1. And be it further enaBed, That the faid Pr6prietors 

— to meet and fliall hold their firft meeting on the firft Monday oi March next ; 

eftabliih laws. ^^^ thereat, or at fome adjournment thereof, as ihall be agreed 
by a majority of the votes prefent, fliall agree upon and eftab- 
liih fuch by-laws and regulations, not repugnant to the laws of 
this Commonwealth, and fuch officers and proceedings as fhall 
be thought neceflary for the management of the eftate, and prof^ 
ecution of the affairs of the faid Corporation : and which by- 
laws and regulations they may repeal or alter, at any future 
meeting of the the faid Proprietors, to be called, notified and 
held as fhall be then agreed. 

Sect. 3. And be it further enacted. That the property of 

in'^law ^ '^ ^ any Proprietor vefted in faid corporate funds, fliall be liable to 
attachment for the payment of his juft debts to any of his bona 
fde creditors, in manner following, viz. In addition to the fum- 
mens by law prefcribed to be left with the debtor, a like fum- 
mons ftiall be left with the Treafurer or Agent for faid Corpo* 
ration, and the debtor's fliares in the faid corporate funds, 
together with the interefts, rents and profits, due and growing 
thereon, fliall thereby be held to refpond faid fuit according td 
law ; and all transfers of the debtor's Ihares, not noted in the 
books of the faid Corporation previous to the delivery of fuch 
ilimmons, fliall be thereby barred ; and execution may be levied 
upon the property of fuch Proprietor, and his fliares therein 
fliall be expofed to fale in the fame manner as is by law provid- 
ed where perfonal eftate is taken in execution ; and it Ihall be 
the duty of the officer who extends fuch execution, to leave art 
attefted copy thereof, with his doings thereon, with the 
Treafurer or agent of faid Corporation j and the purchafer fliall 

thereupon 



BAPTIST SOCIETY. 1^^^. 25, An. 1796. 6$ 

thereupon be entitled to the (hares fold, and to receive aH divi- 
dends due or growing due thereon, and to all other privileges as 
a member of faid Corporation- And upon any attachment's be- 
ing made, or execution levied as aforefaid, it fhall be the duty of 
the Treafurer or Agent of the faid Corporation\o expofe the 
books of the Corporation to the officer, and tb furniih. him 
with a certificate, under his hand, in his ofFicial capacity, afcer- 
taining the number of fl^ares the debtor holds in faid corporate 
fimds, and the amount of the dividends tl^ereoii due, if any. 
[This A<^ pailed February 25, 1796.] 

An ACT to incorporate a Number of the Inhabitants of 
the Towns of Berwick and Tork, in the County of 
Tork, into a diftincl Religious Society. 

<;, ^ JpE it enaSled by the Senate and Hoiife of Reprefeni' 

■*-' c.tiveSf in General Court afTcmhled^ and by the au^ 
thor'ity of the fame^ That jfonathan Co/cord, Wri/iam Joy, John ferfons Incofa 
Nearly Jonathan JValker, Darling Huntrefs^ Ichnhod Dixon, John porated, 
Broiuny George Broivn, Samuel Joy, Jacob Thetvrelly James 
The^urell, James Gray^ jun. James Gray, Jofeph Ehuell, John 
Stevens f Jonathan Stevens, Jedediah Blaifdell, fohn Stevens, ]nn. 
Jethro Bragdon, Edmund JVebber, Samuel U^ebber, Elijah Blaif- 
dell, Daniel Blaifdell, Jottnthan Gray, Ebenezer Dennett, Edivard 
W^alker, James Harty, Jejf Thompfon, Jofhua Emery, jun. George 
Himtrefs, John Theivrell, Mofes Warren, Shea Emery, John Em- 
ery, Stephen Tobv, jun. John Dennett, Nathaniel Walker, John 
Clarke, Pelatiah Stevens, Reuben Bicker, Samuel Stanley, JVilliam 
Mars, Jedediah Goochvin, Jfeph Spencer, Mofs Bennett, Elifoa 
Bennett, Jctham IFarren, Elifja Hearl/]iin. JFil/iam Hea'l, GiU 
hert Warren, Williain Hearl, jun. John JVadlia, Silas Goodwin, 
Daniel Cooper, Amos Goodiuin, James Emery, James .Jihfony 
James Stanley, Timothy Burdeen, Jchti Knight, Solomon Hamilton, 
and Henjnmin Knight, members of the laid Religioii-i Society, to- 
gether with their polls and eilates, be, and they are hereby in- 
corporated by the name of The Baptif Society in Berwick, with all 
the privileges, pov/ers and immunities, which any parilh in this 
Commonwealth is by law entitled to. 

Sect. 2. And be it further enacted bv the authority aforefaid. 
That any and every perfon in the aforefaid towns of Berwick ^ethod of ad- 
and York, in the county of York, being of the Baptifi: denomina- X^^^^^ 
tion, who may at any time hereafter acSlually become a member 
of, and unite in religious worlhip with faid Society in faid Ber- 
^vick, and give in his or her name to the Clerk of the parifli to 
which he or flie belonged, with a certificate figned by the Min^ 
ifter or Clerk of faid Society, that he or flie has a(StualIy be- 
come a member of and united with faid Baptift Religious Society 

in 

Vol. It. I 



66 MIDDL. MERRIMACK BRIDGE. Feb.2s,An.iyg6. 

in Berwick, fourteen days previous to the parifh meeting therein 
to be held in the month of X^Iarch or April annually, fhall, from 
and after giving fuch certificate, with his or her polls and eftates, 
be conlidered ns a member of faid Society : Provided hoivevevy 
That luch peu^bn (hall be held to pay his or her proportion of 
all monies affelfed or voted in the parifh to which he or fhe be- 
longed previous to that lime. 

Sect. 3. Atid be it further enaEled by the authority aforefaidy 
— of leaving That when any member of faid Society, having renounced the 
the Society. Baptift principles, fliall fee caufe to leave the fame, and unite in 
religious worfliip Vvith any other religious Society in the town 
or parifli in which he or flie may live, and fhall give in his or 
her name to the Clerk of faid Baptifl: Religious Society, with a 
certificate figned by the Minlfter or Clerk of the parilh or other 
incorporate Religious Society, with which he or fhe rnay unite, 
that he or {he hath actually become a member of, and united in re- 
ligious worlliip with fuch other parifli, or other incorporate Re- 
ligious Society fourteen days previous to their meeting in March 
» or April, and ihall pay his or her proportion of all monies voted 
in faid Society to be railed previous theretOj fliall, from and af- 
ter given fuch certificate, with his or her polls and eftates, be 
confidered as members of the Society to which he or Ihe has 
fo united. 

Sect. 3. Be it further euacled by the authority afar ef aid ^ 
Juftice to iffuc That John Hilly Efq. be, and he hereby is authorized to iffue his 
warrant. warrant, directed to fome principal member of the faid Society, 

requiring him to warn the members of the faid Society, qualiti- 
ed to vote in parlfli affairs, to aflemble at fome fuitable time and 
place in f\id town of Berivicl, to choofe fuch parilh officers as 
are by law required to be chofen in the month of March or 
April annually ; and to tranfadl all matters and things neceiTary 
to be done in faid Society. 

[This Aft palTed February 25, 1796.] 

An ACT in addition to an Acl, entitled, " An A(ft 
Feb. 1,1792- for incorporating certain Perlbns for the Purpofe 
of building a Bridge over Merrimack River^ at Pa- 
iticket Falls, between the Towns of Chebmford and 
Dracutty in the County of Middhfexy and for fup- 
porting the fame." 

WHEREAS the Proprietors of the Middlefcx Merrimack 
River Bridge have reprefented to the General Court 
the inadequate compenfation they derive from the prefent toll, 
and pray for an enlargement of the toll over the laid 
Bridge : 

Be 



Preamble. 



ANDROSCOGGIN BRIDGE. Feb.26,An.iyg6. 67 

Be it enabled by the Senate and Houfe of Reprefentai'ives^ in 
General Court ajfcmhledy and by the authGrity cf the fame. That 
the claufe in the A6t to which this is in addition, eftabhfhing 
the rates of toll, be, and hereby is repealed ; and that the fol- ^^^ ^ repea- 
lowing rates of toll be, and hereby are eilabllflied for the ben- 
efit of the faid Proprietors, that is to fay, For each foot palTenger, ^^w eftablifh- 
one cent and five nulls ; for each horfe with one rider, y^wr ed. 
cents and fve mills ; and for each additional rider, one cent } 
for each horfe and chaife, chair or fulkey, twelve cents and five 
mills ; for each cart, fled or other carriage of burthen, or rid- 
ing fleigh, drawn by one beafl, ten cents ,- for each, waggon, 
«art, fled, or other carriage of burthen, drawn by two beafts, 
and not more than four, twelve cents and fve tnills ; and for each 
additional beaft above four, three cents ,- for each riding fleigh, 
drawn by two beafls,^;^^^ cents, and three cents more for each, 
additional beafl ; for each coach, chariot, phaeton, or other four 
wheel carriage £or pz&ngers, tzuefity-fve cents j for each curri- 
cle, feventeen cents ,- for neat cattle and horfes exclufive of thofe 
rode, or in carriages, three cents each ; for flieep and 
Swine, one cent e2.ch.', and to each team, one perfon and no 
more Ihall be allowed as a driver to pafs free of toll ; for each 
wheel-barrow or hand-cart with one perfon, three cents ; and. 
at all times when the toll-gatherer fliall not attend his duty, 
the gate or gates fliall be left open. 

[This A<rt pafled Febniary 25, 1796.] 

An ACT for incorporating certain Perfons for build- 
ing a Bridge over Androfccggin River between Briinf- 
ivick and TopfJoam^ and tor liipporting the fame. 

WHEREAS the erecting a Bridge over the river between 
Brunf%vick and Topfjam will be of public utility, and 
William King, and others, have petitioned this Court for an 
incorporation for that purpofe : 

Sect, i . Be it therefore enaBed by the Senate and Houfe of 
Reprefentalives, in General Court ajfembled, and by the authority 
of the fame. That WilUajn King, Benjamin J. Porter, John Dwi- -p^^^^^-^^ 
lap, William Stanwood, tert. Cutting Noycs, Amos Lunt, James porated. 
Stone, John Merrill, jun. James Wifon, Daniel Clark, Jofeph 
Langdon, Ebenezer Rmerfon, Ifaac Johnfon, John Blanchard, John 
Merrill, Peleiiah Haly, AEler Patten, Benjamin Hafey, William 
Owen, and Theodore Symmes, be, and they are hereby confti- 
tuted a Corporation and Body Politic, for the purpofe of build- 
ing and fupporting a Bridge over Androfcoggin River, between 
Brunj'wick and Topfjam, fo long as they fliall continue to be 
Proprietors in the fund to be raifed for that purpofe, together 
with all thofe who are or fliall hereafter become ProprietOi's 
of the faid fund, under the name of The Proprietors of Androf- 
ioggin Bridge j fubjeft, never thelefs, to be accountable to the 

Proprietors 



incor* 



6S ANDROSCOGGIN RIVER. /; 3. 26, An. 1796. 

Proprietors of the mills called Thomfoii's Mi!-'s^ fituated on the 
yiand Rock, for nny injury that may be by them fuflained in, 
confequence of building faid Bridge, and by that name may 
fue and profecute. a; id be fued or profecuted to final j udg- 
Subjed to pro- jr^gnt and executioi"", and do and fuffer all other matters and 
things which Bodies Politic may and ought to do and fuffer •, 
and that faid Corporation fhall and may have full power and 
authority to make, have, and ufe a con,UTion feal, and the fame 
to break and alter at pleafure. 

Sect. 2. And be it further enaBed, That William Kingy 
Benjamin J. Porter ^ John Dunhip, or any two of them, may. 
Authorized to by pofting up advertifements in the towns of Brunpwick and 
wL mectaigs. Xo^iam^ in fome public places, call a meeting of the faid Propri- 
etors to be holden at any proper place after fifteen days from the 
pofting up of faid advertifements ; and the Proprietors, by a vote 
of the majority of thofe prefent or reprefented at the faid 
meeting, lliall have power to tranfa^t any bulinefs for the ben- 
efit of faid Corporation, provided it be not repugnaPit to the 
Conftitution or laws of this Commonwealth. 
_ , And this Acft, and all rules, regulations and votes of faid 

ords. Corporation fliall be fairly and truly recorded by the Clerk, 

in a book or books for that purpofe. 

Sect. 3. And be it further enacted^ That for the purpofe 
of reimburfing faid Proprietors the monies by them ex- 
pended, or that may hereafter be expended in building 
and fupportiny; faid Bridn^e, a toll be, and is hereby grant- 
Toll eilabUfh- gj ^^^^ eftabfiflieJ for the fole benefit of faid Proprietors, 
according to the rates following, that is to fay : For each foot 
pafienger, tiuo cents ; for each perfon and horfe,^;^ cents ; for 
each chaife or fulkey drawn by one horfe, ten cents ; for each 
fleigh drawn by one horfe,^x' cents ; for each fleigh drawn by 
two horfes, pven cents ; for each coach, phaeton, or curricle, 
tiuenfy cents ; for each cart or waggon, fled or other carriage 
of burthen drawn by one or two beafts, feven cents ,• and for 
each addidonal bcaft in the fame team, one cent ; and for each 
wheel-barrow, hand-cart, or ether vehicle capable of carrying 
a like weight, with one perfon, three cents ; for neat cattle or 
liorfes, other than thofe rode on or in carriages or teams, one 
cent each ; for frieep and fwinc, at^the rate of fix cents the 
dozen j and to each team one perfon and no more Ihall be al- 
lowed as a driver, for the toll as eftablilhed for teams. 

And at all times when the toll-gatherer fliall not attend his. 

duty, the gate or gates fhall be left open •, and the faid toll 

fhall commence on the day of the opening faid Bridge for paf- 

For benefit of fengers, and ihall continue for the benefit of the faid Corpora- 

the Corpora- ^-^^^ forever j provided, that after the term of thirty years, the 

rate of toll fliall be fubjeil to the regulations of government. 

Sect. 



MERRIMACK BRIDGE. Feb. 26, An.1796. 69 

Sect. 4. And be it further enaElcd^ That faid Bridge fhall 
be well built, at leaft twenty-eight feet wide, of good and fuit- 
able materials, and be well covered with plank or timber, fuit- Materials for 
able for fuch a Bridge, with fufficient rails on each fide for building. 
the fafety of paflengers, and the fame fliail be kept in good, 
fafe and pafTable repair. 

And the Proprietors at the place or places where the 
toll (liall be received, fhall eredt and keep conftantly ex- 
pofed to view, a fign or board, with rates of toll of all the toUa- sicrn-board 
ble articles, fairly and legibly written thereon in large or cap- 
ital letters. 

Sect. 5. And he it further enaEiedy That the place where 
the Bridge fliall be built fliall be from the mill called iV^'/j-Mill, Place where, 
in faid Brutfiuick, to the Middle Rock, fo called, and from 
faid rock to the rocks below the Great Mill, fo called, in 
Topfham. 

Sect. 6. And be it further enacted, That if the faid Propri- 
etors fhall negledt, for the fpace of fix years from the pafling Tinic limited, 
this A61, to build and erecl faid Bridge, then this A61 Ihall be 
void and of no effe<51:. 

[This A£t palTed February 26, 1796.] 

An ACT in addition to an Act, entitled, " An A(5t j^^^ ^^ ^ , 
for incorporating certain Perfons for the Purpofe 
of building a Bridge over Merrimack River, between 
the Towns of Haverhill and Newbury^ in the Coun- 
ty of EJfex, and for fupporting the fame." 

TiE it enaEled by the Senate and Houfe of Repreferdatives., in 
■*-^ General Court aU'embled, and by the authonty ofthefatney Tliat 
the claufe in the A£t to which this is ih addition, eftablilhing ^^^ ^ ^^^ " 
the rates of toll, be, and hereby is repealed ; and that the fol- 
lowing rates of toll be, and hereby are eftabliflied for the bene- XoU eUabUfli- 
fit of the faid Proprietors, their heirs and afligns, viz. For each ed. 
foot paiTenger, one cent ; for each horfe and. rider, yo/^r cents and 
five mills y—ior each additional rider, one cent ; for each horfe and 
chaife, chair or falkey, tzvelve cents five mills ; for each cart, 
fled or other carriage of burthen, or riding fleigh, drawn by one 
beaft, ten cents ; for each waggon, cart, fled or fleigh, or other 
carriage of burthen, drawn by two beafts and not exceeding four, 
twelve cents and five w///j-,— and for each additional beaft above 
four, three cents ; for each riding flt?!gh drawn by two beafts, 
fifteen cents yznd three cents for each additional beaft ; for each 
coach, chariot, phaeton, or other four-wheel carriage for paflen- 
gers, tiventy-five cents ; for each curricle, feventcen cents ; for 
each horfe or neat cattle, exclufive of thole rode or in carriages, 
three cents ; for Iheep or fwine, one cent each j and to each team 

one 



70 



Provifo. 



ROXBURY CANAL. 



Feb. 26, An. 1 795. 



one perfon and no more fliall be allowed as a driver to pafs free 
of toll ; for each wheel-barrow or hand-cart with one perfon, 
three cents : And at all times when the tolUgatherer fliall not 
attend his duty, the gate or gates fhail be left open : Provided 
neverthelefs i That after fifty years from the pafllng the A£l to 
which this is in addition, the rates of toll fhali be fubje6l to the 
regulation of the Legiflature of this Commonwealth, for the 
benefit of faid Proprietors, their heirs and afligns forever. 
[This AtSl pafTed Feb) nary i6y 1796.] 



Preamble 



Proprietors in 
corporated. 



An ACT for incorporating certain Perfons for the 
Purpofe of opening a Canal from the Harbour of 
Bq/ion to Roxbury. 

WHEREAS the opening a communication by water upon 
the earterly iide of the town of BoftoHy to extend into 
Roxbury^ will be of great public utility ; and John Loivell, Efq. 
and others, have petitioned this Court for an A61 of incorpora- 
tion, to enable them to carry the fune into effedt ; and many 
perfons under the expectation of fuch an A^, have fubfcribed 
to a fund for that purpofe, and have purchafed a confiderable 
real eftate through which they have already opened a Canal : 

Sect, i . Be it therefore enaBed by the Senate and Houfe of 
Reprefentatives^ in General Court ajfembledy and by the authority 
of the fame^ That John Loiuell, Efq. Increafe Sumner^ Elq. Thomas 
Williams i Phyfician, John Read, Efq. and Mr. Thomas Williatnty 
jun. fo long as they ihall continue to be Proprietors in the faid 
fund and propriety, together with all thofe who are or ihall here- 
after become Proprietors to the faid fund and propriety, fliall be 
a Body Politic, by the name of The Priprietors of the Roxbury 
Canalf and by that name may fue and profecute, and be fued 
and profecuted to final judgment 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 fliall and 
may have full power and authority to have, make and ufe a 
common feal, and the fame to break and alter at pleafure. 
Sect. 2. And be it further enacted, That the faid John Loiv- 
Pcrfons author- '''h -^^l- ^^creafe Sumner, Efq. Thomas Williams, Phyfician, John 
ized to call Read, Efq. and Mr. Thomas Williams, jun. or any three of them, 
mav, by advertifement in any public news-paper printed in Bof- 
ton, warn or call a meeting of the find Proprietors, to be holden 
at any fiiitable time and place, after fix days from fuch notice ; 
and the laid Proprietors, by a majority of thole prefent at the 
faid meeting, (allowing and accounting one vote to every fingle 
fhare, of which there ihall be two hundred and no more, in the 
whole, not exceeding ten votes to any one perfon, excepting to 
J:nathan Davis, who ihall be allowed twenty-five votes fo long 
as he fhall retain in his ov/n right fifty fhares in faid fund or 

propriety ;) 



to 

meetiuirs. 



ROXBURY CANAL. J^^. 26, An, 1796. 71 

propriety ;) fliall choofe a Clerk, and fuch other officers as proprietors to 
tliey fhall deem neceffary and convenient, and the fame mode choofe officers, 
of voting Ihall be obicrved at every future meeting of faid Pro-j&c- 
prietors, who are authorized from time to time to choofe all 
neceflary officers for managing the affairs of faid propriety. 
And the Clerk fliall be duly fworn to the faithful difcharge of 
his office ; and fliall aifo agree upon a method for calling future 
meetings, and at the fame or any fubfequent meeting may make 
and eftablilh any rules and regulations that fliall be neceflary 
and convenient for regulating the faid Corporation, for effect- 
ing, completing and executing the purpofes aforefaid ; and the 
fame rules and regulations may caufe to be kept and executed, 
or for the breach thereof may order fines and penalties not ex- 
ceeding thirteen dollars ; provided the rules and regulations are 
not repugnant to the laws of this Commonwealth. 

Sect. 3. ^nd be it further enaBed^ That the real eftate com- 
monly called LamFs dam farm, and a piece of marfh adjoining R^aj eftate to 
thereto, granted and conveyed by the deeds of Doctor Joiathan be veftedin the 
Davies and of Mr. Jaroji iVhite, to Truftees, to have and to Corporation. 
hold the fame to and for the ufe of the Proprietors of the Rox- 
hury Canaly fhall be conftrued to veft the fee limple thereof in 
the laid Corporation, and fhall be at their difpofal by a major 
vote of the Proprietors prefent at any legal meeting : Providedy 
That no fuch difpofal or fale fhall be made, unlefs fuch inten- 
tion fhall be inferted in the notification of fuch meeting. And 
the faid Proprietors fhall have power to determine and appoint 
an agent or agents for executing deeds in behalf of faid Propri- 
.etors. 

Sect. 4. And be it further enaBed^ That the faid Corpora- 
tion fhall have full power and authority to fell and difpoie of Power to fell 
the fhare or fliares of any Proprietor who fhall, according to ^ '"1"^'^^ 
the rules and regulations to be made by faid Corporation, be 
delinquent in the payment of any affeffment that may be made 
on faid fhare or fliares according to fuch rules as fliall be eftab- 
liflied by faid Corporation for the fale of fliares of delinquents. 

Sect. 5. And be it further enacted, That the faid Corpora- 
tion may have full power to purchafe and hold any other real Topurchafe ft 
eftate neceffary to carry their ciefign into effect : Provided^ That 
fuch additional purchafe fhall not exceed fifty acres of land, nor 
any land to a greater amv:/unt than tiventy thoufand dollars, inclu- 
ding the buildings which may be thereon at the time of the 
purchafe. 

Sect. 6, And be it further enacled by the authority aforefaid. 
That no toll fhall ever be demanded for paffing and repaffing Veffels to paf» 
faid Canal in any float, veffel or otherwife ; or for tranfporration f'^*-"- 
of any articles through the fame Canal. And the faid Propri- 
etors fliall at all times be held to keep the faid Canal in good 
order and proper repair. 

[This A6t paffed February 26, 1 796.J 

An 



Ti PORTLAND MARINE SOCIETY. />^. 26, An. 1796* 

An ACT to incorporate "John Thorlo^ and others, into 
a Society by the Name of " 27^6" Portland Marine 
Society.^* 

q TiE it enacled by the Senate and Hoitfe of Reprefenta-^ 

■^ fives, in General Court ajpmh/ed, and by the authority 

of the fame y Thnt fohn Thorlo, Samuel Rohinfn, Lemuel Moody^ 

WiUinm Loivelly Collin Campbell^ Stephen Ham, John M^Lellnn, 

^orS '"''*"" ^^^-"'"^ ^''^^'' ^^°^^S^ ^^^''' ^"^ ^"'^'''^ ^^^^'■'"' together with all 
others who fliall become members thereof, be, and they are 
hereby ereiSled into and made a Body Politic and Corporate for- 
ever by the name of " The Portland Marine Society." 

Sect. 2. Be it enaSled by the authority aforefaid. That 
faid Corporation are hereby declared and made capable 

chafraiKl hold '^^ ^^^ ^^ having, purchaling and holding in fee fimple, or 

eftate. any lefs eftate, by gift, grant, devife, or otherwife, any lands, 

tenements or other eftate, real or perfonal : Provided, That the 

annual income of the fame fliall not exceed the fum of^^ thou- 

fand dollars. And alfo to fell, alien or difpofc of the fame. 

Sect. 3. A^id be it further enaBed by the authority aforefaidy 

^__ , . That the faid Corporation fliall have full power and authority 

powers. ^o make, have and ufe a common feal, and the fame to break, 

alter and renew at pleafure. That it (hall be capable in law to 
fue and be fued, plead and be impleaded, anfwer and be 
anfwered unto, defend, and be defended, in all courts and 
places whatfoever, in all aclions, real, perfonal and mixed, and 
to do and execute all and fingular other matters and things, 
that to them fliall and may appertain to do. 

Sect. 4. And be it further ejmdlcd by the authority aforefaidi 
That faid Corporation may make, eflablifh, and put in execu- 

p to make ^jpn fuch laws and regulations as may be neceflary for the gov-» 
ernment of faid Corporation : Provided, that in no cafe thd 
fame fhall be repugnant to the laws and Conftitution of the 
Commonwealth. And for the well governing of faid Corpo- 
ration, they fhall have pov.'-er to eleifl fuch officers as they fliall 
hereafter think proper. 

Sect. jj. And be it further enacled b^ the authority aj-orcfaid, 

Tne ^efign of 'fj^^t ^iig gn^l and defiscn of the inftitution of faid Societv is 

the mltitution, , . r i i i . r • • i r d • 

the promotion of the knowledge or navigation and leamanihip, 
the relief of decayed and difabled feamen, and the poor wid- 
ow's and orphans of deceafed feamen. 

Sect. 6. And be it further enacled hy the authority aforefaid, 

kcaToTa'jra '^^^^ y°-'" '^^°''^° ^^^' ^^^ ^^ ^-^ hereby authorized' to fix the 
nicctinjr. time and place at which the firft meeting of faid Society Ihall 

be held, and to notify the fame to the members of faid Society, 
by publifhing the fame in either of the Portland news-papers 
fourteen days before the time fixed upon for holding the faid 
meeting. 

[This Act pafled .Fehruar\ 26, I 796.] 

An 



SUFFOLK JUDGE OF PROBATE. Fd-^. 26, An. 1796. t>^ 

An ACT to make further Allowance to the Judge of 
Probate for the County of Suffolk^ for his Services. 

WHEREAS the fees of the Judge of Probate for the 
county of Suffolk, as by law eftiibliflied, may not be an 
adequate compenlation for his fervices in that office : 

Be it enatled by the Senate and Houfe of Keprefentatives y in Gen-- 
eral Court ajfembted, and by the authority of the fame^ That the 
Court of General Seffions of the Peace in faid county be, and Courts of G. S. 
hereby are authorized and empowered, annually to grant out ^"'^^''^'^'i- 
of the treafury of the faid county, unto the faid Judge for the 
time being, fuch fum of money, in addition to the legal fees he 
may receive for his fervices, as to the laid Court Ihall appear 
juft and reafonable : Pro'vided, the fum fo to be granted, 
together vsnth the faid fees, ihall not exceed the I'um oi jive 
hundred dollars per annum. And the faid Judge of Probate judge of Pro- 
{hall keep an account of all the fees by him taken in his "faid bute accounu- 
office, and fliall lay fuch account, attefled by the Regifter of ^^°* 
Probate, before the faid Court of Seffions annually, for their 
information, previous to their making him any grant by vir- 
tue of this AC\. 

[This Aft paffiid February 26, 1 796.] "* 

An ACT to incorporate Lemuel Stewart, and others, 
. for the Purpofe of conveying Water by Pipes into 

the Town Street, near the College in WiUiaui/iown^ 

by the Name of " The Proprietors of the IVater-Works 

in the 'Town Street in VVilliamJlown.'* 
r, T}E it enabled by the Senate and Houfe of Repre- 

-^-^ fentativcSi in General Court ajfembled, and by the 
authority of the fame., That Lemuel Stewart, Oliver D. Cook, Perfons incor- 
IVilliam Starkweather, Tompfon J. Skinner, Benjamin Skinner, porated. 
Lewis Stcbbins, Elias Mather, Lemuel S. Stewart, John Foot, 
fofeph Balch, Timothy Batch, Ezra Baker, Lemuel Higgens, 
Thomas Malady, David Haden, and the Prefident and Trullees 
of Williams College for the time being, with fuch other per- 
fons as may become Proprietors in the faid water-works, be, 
and they hereby are conftituted a Corporation and Body Poli- 
tic, for the purpofe of conveying water by pipes into the town 
ftreet in WiUiamfown, by the name of The Propi ietors of the 
Water-Works in the Town Sreet in WiUiamfrown ; and by that 
name may fue and be fued to final judgment and execution, 
and do and fuffer all matters, afts and things which Bodies 
Politic may or ought to do or fuffer 5 and the faid Corporation 

Avail 

Vol. II. K 



74 WATER-WORKS. FfZ-. 26, An.1796. 

fhall and may have and ufe a common feal, and the fame may 
alter and break. 

Sect. 1. And he it further enaRed, That the faid Lemuel 
Meeting au- Steivait may, by advertifement ported up at the houfes of 
thorizcd. William Starkweather and Benjamin Skinner^ in faid WilUanif- 

iown^ warn or call a meeting of the fiid Proprietors to be held 
at faid WiUinm/lo'wn at any fuitable time after feven days from 
the porting up fuch advertifenment. And the faid Proprietors 
by a vote of a majority of thofe prefent at faid meeting, account- 
ing and allowing a vote to each Ihare in all cafes, fliall choofe 
a Clerk who fhall be fworn to a faithful difcharge of his of- 
fice, and alfo agree on a method for calling future meetings, 
and at the fame time, or any fubfequent meeting may make 
To eftablifh and eftablifli any rules and regulations that fliall be convenient 
rules, &.C.; ^^ neceflary for regulating the faid Corporation, effedling, 
completing and executing the purpofe aforefaid ; and the 
fame rules and regulations may caufe to be kept and executed, 
and for the breach of any of them may order and enjoin fines 
and penalties, not exceeding four pounds : Provided, that faid 
rules and regulations be not repugnant to the Conftitution or 
Ip.ws of the Commonwealth. And the faid Proprietors may 
and appointor- ^j^^ choofe and appoint any officer or ofTicers of the Corpora- 
"' tion : And this A6t and all rules, regulations and votes of faid 

Corporation fhall be fairly and truly recorded by their faid 
Clerk, in a book or books for that purpofe provided and kept ; 
which book or books fhall be fubjedl to the infpe£lion of any 
perfon or perfons for that purpofe appointed by the Legiflature. 
Sfxt/ 3. And be it further enacted. That any Proprietor's 
Shares tranjfer- fhare or fhares in fuch water-works may be transferred by deed 
rablc. acknowledged and recorded by the Clerk of faid Corporation 

in a book to be kept for that purpofe ; and when any Ihare or 
fliares in faid water-works fhall be attached on mefne procefs, 
an atterted copy of fuch procefs Ihall be left with faid Proprie- 
tors' Clerk at the time of fuch attachment, otherwife the fame 
fhall be void. 

Sect. 4. And he it further enaElcd, That if any perfon fhall 
injure and deftroy any of the faid pipes or works, he fhall be 
Panaluea. f^jbjecled to the fame pains and penalties as are provided in the 
fecond feclion of the Aft, entitled, " Au Aft for the more 
effeftuallv preventing of trefpafles in divers cafes," paffed the 
twenty-third day of Novemhery one thoufand feven hundred 
and eighty-five, and fhall alfo be liable to make good all dam- 
ages fo done to the faid Proprietors. 

[This Aft parted February 26, 1 796.] 

An 



ANDOVER BRIDGE. Feb.ij.An.iy^G, 75 

An ACT for fetting off Noah Wi/wall, and his Eftate, 
from the Town of Fitchburg to the Town of Weji" 
miri/ier. . 



Sect. 



T)E it enacled by the Senate and Houfe of Reprefenta- 
■^ tivesy in General Court affeinbled^ and by the author- 



ity of the fame ^h3X Noah Wifiually of Fitchburg^ in the county of ^oah Wifwall 
Worcefler^ with his eftates, be, and hereby are fet off from the fet off. 
faid town of Fitchburg^ and annexed to the town of V/eflminfler 
in faid county ; there to enjoy town privileges, and to pay town 
charges that may arife therein. 

Sect. 2. Provided neverthelefs^ and be it further enabled. That Provifo. 
the faid Noah {)\7i\\ be holden to pay his juft proportion of all 
taxes now due from faid town of Fitchburg., and lliall alfo con- 
tinue to pay fuch proportion of the State and county taxes to 
the faid town of Fitchburg as heretofore, until a new valuation 
fhall be taken of the rateable property of this Commonwealth, 
and no longer ; and until fuch valuation be taken, fliali be af- 
fefled for State and county taxes in faid town of Fitchburg^ and 
not in faid town of Wefminfier. 

(^This Acl paiTed February 27, 1796.]^ 

An ACT in addition to an Ad, entitled, " An Ad 
for incorporating certain Perfons for the Purpofe 

I of building a Bridge over Merrimack River ^ in the 
County of Effex^ at BodweWs Falls^ between Andovcr 
and Metlruen, and for fupporting the fame," palled 
in the Year of our Lord One thoufand feven hun- ^^^^'^^^ ^^^ 
dred and ninety-three* 

WHEREAS the Proprietors oi Jlndover Bridge have rep- Preamblej 
refented to this Court the inadequate compenfation 
they derive from the prefent toll, and pray for an enlargement 
of the rates of toll for puffing faid Bridge 5 alio to hold the 
right of faid Bridge and the toll thereof forever :. 

Sect, i . Be it enacted by the Senate and Hoife of Reprefent- 
ativeSy in Getieral Court ajjcmbledy and by the authority of thefamCy 
That the claufe in the A£t to which this is in addition, eftab- Claufe repeal- 
lifhing the rates of toll, be, and hereby is repealed ; and that*^"" 
the following rates of toll, be, and hereby are eftablifhed for 
the benefit of faid Proprietors, viz. For each foot paiien- 
ger, one cent ; for each horfe and one rider, four cents^—Tind. Rates eftabli/h- 
for each additional rider, one ce?it ; for each horfe and chaife, '^'^' 
chair or fulkey, twelve cents and fve 7nills ,- for each cart, fled 
or other carriage of burthen, or riding fleigh, drawn by one 
heaft, ten cents ; tor etch waggon, cart, fled or other carriage 

of 



^S BOSTON AQUEDUCT. 7z//2^ lo, An.iygG. 

of burthen drawn by two beafts, and not exceeding four beafts, 
iwehe cents atjd Jive jnil/sy and for each additional beaft above 
four, three cents ; for each riding ileigh, drawn by two beafts, 
fifteen cents, and t/jree cents more for each additional beail ; for 
each coach, chariot, phaeton or other four whetl carriage for 
paflengers, tiue?ity~fve cents ,- for each curricle, feventeen cents ; 
for each horfe or neat cattle, excluiive of thofe rode, or in 
carriages, three ccrcts ; for flieep or fwine, on^ cent each ; and 
to each team, one perfon and no more fliall be allowed as a 
driver to pafs free of toll ; for each wheel-barrow, or hand- 
cart, with one perfon, three cents. And at all times when the 
toll-gathorer Ihall not attend his duty, the gate or gstcs fhall 
be left open : Provided neverthelefs. That after the expiration 
of fifty years from the paffing the Acl to which this is in jkI- 
dition the rates of toll Ihall be fubje£t to the regulations of the 
Legiflature of this Commonwealth ; any thing in any former 
Adt to the contrary notwithftanding. 

Sect. 2. And be it further enacied. That the faid Bridge and 
Toll vefted m the lawful toll thereof, be, and hereby are vefted in faid Pro- 
the Proprietors, prietors for the term of feventy years from the building faid 
Bridge j any law to the contrary notwithftanding. 
[This A<5t pafled February 27, 1796.] 

An ACT for giving a new Appellation to a Corpora- 
tion inflituted in the Year of our Lord One thou- 
Feb. 27,1795, ^^^^^ icven hundred and ninety-five, for bringing 
frcili Water into Bojion, by fubterraneous Pipes. 

jnE it enaEied by the Senate and Houfe of Reprefentati'ves, in 
•^ General Court aJJ'cmbled, and by the authority of the fame. 
That the Corporation which was inflituted by an A6t of the 
twenty-feventh day of February, in the year of oui' Lord one 
thoufand feven hundred and ninety-five, for bringing frefli 
•water into Bofioti, by fubterraneous pipes, Ihall be empowered 
y^q\iedndCor- to affume the appellation of The AqucdiiB Corporation, and by 
poration. ^^^ name to contrail, fue and be fued, receive and grant 

eftatcs, according to the original inftitution of the fame Cor- 
poration, and by that name only Ihall be called and known 
hereafter. 

[This Acl pafled June 10, 1796.] 



An ACT fetting c& Lemuel Rich, and others, from the 

town of SiandifJ:), and annexing them to the Baptift 

Society, in Gorham. 

J^R it enacted by the Senate and Houfe of Reprefentatives , in 

•^ Genercd Court ajfcmbled, and by the authority of the fame, 

Perfons, 6<c. Thzt Lemuel Rich, Lemuel Rich, jun. B9tiz Ri(;h, Ifaac Chafe, . 

fet off. J^nos 



BETHEL. June lo. An. 1796. yj 

Jmos Thomas^ Seth L. Hatnlen^ Jacob Torky Mofes Rlchnrdfcn^ 
James Rich, IJracl Rich and Willia?7i Harmon^ of Standij%, in 
the County of Cumber I atid, with their polls and eftates, be and 
hereby are fet off from the faid town of Sta?7di/h, and annexed 
to the Antipcedobatij} Society, in Gorhnmy in faid County ; there 
to do parilh duties, and enjoy parifh privileges. 
[This Ad palled June 10, 1796.] 



An ACT to incorporate the Plantation called Sudbury 
Canada, in the County of Tork, into a Town, by 
the Name oX Bethel, and for dividing the fame Town, 
and ertablifliing therein two PariOics. 



Sect, i 



T)E it etiaEled 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, called Sudbury Canada, 
bounded as follows, viz. Beginning at a beach tree, marked -^^y^^^^^i^^^ 
S. Y. one mile from the north fide of Ammorafcoggln River, 
and on ti:ie north-eall fide of Peabodys patent ; thence running 
fouth twenty degrees eail four miles and one half on Peabodys 
patent, and Frycburg Academy land, to a hemlock tree, mark- 
ed ]|[ III. ; thence eaft twenty degrees north nine miles on 
Oxford and State's land, to a beach tree marked i^ ; thence 
north twenty degrees weft four miles one quarter and hxty 
rods, on Ne%v-Pen?iicook to Anmiornfcoggin River ; thence weft 
two degrees fouth, three miles and three quarters on Howard's 
grant, to a beach tree ; thence weft thirty-four degrees fouth 
on Thoma/Iowfi, to the firft mentioned bound ; together with 
the inhabitants thereon, be, and they are hereby incorporated 
into a town, by the name of Bethel. And the inhabitants of 
iaid town are hereby invefted 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 enacted, That Benjamin Ruf'ell, 
Efq. is hereby authorized and empowered to iiTue his warrant, 
directed to fome luitable inhabitant of the faid town of Bethel, 
diredling him to notify the inhabitants of faid town, qualified Notification t* 
to vote in town affairs, to meet at fuch time and place, as he '^^ voters, 
flaall appoint, to choofe fuch officers as other towns are empow- 
ered to choofe, at their annual meetings, in the month of 
March or April, annually. 

Sect. 3. Be it further enacledby the authority aforefaid, That 
the faid town of Bethel, be and the fame is hereby divided into 
two diftincl parifties, to be defignated the Eaf Pa> ijh and WeJ} 
Pariflj ; and the following Ihall be the dividing line between 
faid pariflies, viz : Beginning on the fouth line of the town. Boundaries of 
at a tree marked lixteeu, feventcen, ftaading on the line be- ^^^ pan/h. 

tween 



78 FIRST MASS. TURNPIKE. June ii, An.1795. 

tween the {Ixteenth and feventeenth ranges of lots ; thence to 
run on fliid line between tlie iixteenth and feventeenth ranges 
to the north line of the town. And all the lands in faid town, 
with the inhabitanis thereon, eafl of faid dividing line, be, and 
hereby are incorporated into a feparate parilh, by the name of 
— of wefl, par- the Eail Par'ip in BeihcL And all the lands in faid town, with 
*^' the inhabitants thereon, weft of the faid dividing line, be, and 

hereby are incorporated into a feparate parilh, by the name of 
the Wejl Panjh in Bethel. And that each of faid pariflies be, 
and are hereby inverted with all the powers, privileges and 
immunities which other pariilies within this Commonwealth 
are entitled to or do by law enjoy. 

Sect. 4. And be it further enacted by the authority aforefatdy 
That Benjamin Rujfelly Efq. be, and he is hereby authorized, 
to iffue his feveral warrants, directed to fome fuitable perfon in 
ench of faid parifhes, requiring him to notify and warn the in- 
Choice of par- habitants of the parifli wherein he lives, to meet at the time 
ifli officers. and place exprelTed in fuch warrant, for the purpofe of choof- 
ing fuch parilh ojfficers as may be chofen in the month of March 
or Aprily annually \ and alfo to tranfacl any other bufinefs that 
may be legally tranfacled in parilh meetings. 

[This Adt palled June lo, 1796.] 

Additional ^ ^Qr^ £^^ eftablifiiinir a Turnpike Gate on fuch 

Acts IsOV. liK rj I. 

1796, March Road as Ihall be made at the Place and according 
I, 1798. Feb. ^Q ^j^p Proviiions of this Acl. 

I3> 1799- 

WHEREAS the highway leading through the towns of 
Palmer and Wefvern^ is circuitous, rocky and moun- 
tainous, and there is much travelling over the fame, and the 
expcnfc of ftraightening, making and repairing an highway 
through thofe towns, fo as that the fame may be fafe and con- 
venient for travellers, with horfes and carriages, would be 
much greater than ought to be required of the faid towns,^ un- 
der their prelent circumftances : 

Sect. i. Be it therefore enacted by the Senate and Hoiife of 
ReprefentativeSy in General Court ajfembled^ and by the authority of 
the fame y That Levi Peafc^ Ephraim Moiuer, Nathaniel Gor- 

^'r'ltSi "'"" ^""^' ^'-^'^ ^^''■^^' Thomas Divighty Jonathan Dwighty Dwight 
' Fojlcr^ John HaJtingSj David Sexton^ Samuel Fowler^ Daniel 

Gouldingi Ebcnezer Hunty Samuel HenjhniVy John Hcokery Erajlus 
Lyman, Jofph Lyman, Levi Lir.cohiy Pliny Merrick, Ebcnezer 
Muttoon, jun. Charles Phelps^ Nathaniel Paine, Warham Parks, 
Benjamin Prcfott, William Shepard, Levi Shepard, Simeon Strong, 
Phinehas Upham, Samuel Ward, John Williams, Samuel Flagg, 
Salem Toiun, and all fuch perfons as Ihall be aflbciated with 
them and their fucceffors, Ihall be a Corporation by the name 

of 



FIRST MASS. TURNPIKE. >w^ ii, An.1796. 79 

of The Firjl Majfachufetts Ttirnpihe Coyporatio7i, and fhall by 

that name fue and be fued, and Ihall have a common feal, and 

enjoy all the privileges and powers which are by law incident 

to Corporations, for the purpofe of laying out and making a 

Turnpike Road, from IVeftern Bridge, near the Upper Mills, 

fo called, in Wij}eniy in the county of Worcefier, to the county 

road, near the houfe lately called Scott's tavern, in Palmer^ in 

the county of HampJJAre, and for keeping the fame in repair, 

in fuch place or places as the faid Corporation fliall choofe foi* 

the fame ; which road Ihall not be lefs than thirty feet in 

width in any place. And that when faid turnpike road 

fliall be fufficiently made, and fliall be fo allowed and approv^- 

ed by the Juftices of the Supreme Judicial Court, at any term 

thereof, in any county of this Commor.Avealth, then the faid 

Corporation jhall be authorized to ereft a turnpike gate on 

the fame, in fuch manner as fliall be necefirary and convenient, 

and ihall be entitled to receive from each traveller and palTen- 

ger the following rate of toll, to ivit ; for every coach, phae- Rate of »o!L 

ton, chariot, or other four wheel carriage, drawn by two 

horfes, ttventy-five cents ; and if drawn by more than two 

horfes an additional fum oi four cents for each horfe j for every 

cart, waggon, or fled, drawn by two oxen or horfes, ten ccnts^ 

and if by more than two, an additional fum of three cents for 

every fuch ox or horfe ; for every curricle, 77ine cents ; for 

every fleigh, drawn by two horfes, nine cents^ and if drawn by 

more than two, an additional fum of three cents for each horfe ; 

for every chaife, chair, or other carriage drawn by one horfe, 

nine cents ,- for every man and horfe, Jive cents ; for all oxen, 

horfes and neat cattle, led or driven, befides thofe in teams 

and carriages, three ants each ; for all iheep and fwine, three 

cents by the dozen, and in the fame proportion for a greater or 

lefs number. 

Sect. 2. And he it further ennFted. That the faid Corpora- ^ 

. ^ t 1 T , ,1 1 • 1 , Corporation 

tion may purchale and hold any land, over which they may authorized to 

make faid road ; and the Juftices of the Court of General purchafe or 
Seffions of the Peace, in fuch County, are hereby authorized, ^'^^^ '^"*| *^°^ 
on application from faid Corporation, to lay out fuch road, or ^^^ road? 
any part thereof, within their refpeflive jurifdiftions, as, with 
the confent of faid Corporation, they may deem proper ; and 
the faid Corporation Ihall be holden to pay all damages v/hich 
Ihall arlfe to any perfon by taking his land for llich road, 
where it cannot be obtained by voluntary agreement, to be ef- 
timated by a Committee, appointed by the Court of General 
Seffions of the Peace in the county in which fuch damage ihall 
arife, faving to either party the right of trial by Jury, accord- 
ing to the lav/ v\^hich makes provilion for the recovery of dam- 
ages happening by laying out public highways. 

Sect. 



go FIRST MASS. TURNPIKE. June ii,An.iyg6. 

Sect. 3. And be it further eriaBedy That if faid Corpora- 
tion, their toll-gatherers and others in their employ, fliall un- 
reafonably delay or hinder any traveller or palTenger at faid gate, 
or Ihall demand or receive more toll than is by this A£l ellablifh- 
ed, the Corporation fhall forfeit and pay a fum not exceeding 
Penalty for dc- f^/^ dollars., nor lefs than o7u dollar ; to be recovered before any 
tion '^^ '^'"°'^* Juftice of the Peace in either of the Counties aforefaid, where 
the offence fhall be committed, by any perfon injured, delay- 
ed or defrauded, in a fpecial action on the cafe ; the writ in 
which Oiall be ferved on the faid Corporation, by leaving a 
copy of the fame with the Treafurer, or with fome individual 
member of the faid Corporation, living within the County 
where the offence fhall be committed, or reading the contents 
thereof to faid Treafurer or individual member, at leaft {qmqxi 
days before the day of trial \ and the Treafurer of faid Corpo- 
ration, or individual member, fliall be allowed to defend the 
fame fuit in behalf of the Corporation ; and the Corporation 
fliall be liable to pay all damages which fliall happen to any 
perfon from whom toll is by this A(^t demandable, for any 
damages which fliall arife from defeft of bridges, or want of 
repairs within the fame way, and ihall be alfo liable to a fine, 
on prefentment of the Grand Jury, for not keeping the fame 
way, or the bridges thereon, in good repair. 

Sect. 4. And he it further enacted^ That if any perfon fliall 
cut, break down, or deflroy the faid turnpike gate, or fliall 
forcibly pafs, or attempt by force to pais the faine, without 
having firft paid the legal toll at fuch gate, Rich perfon fhall 
Fine for injur- forfeit and pay a fum not exceeding yc/ri'j; dollars., nor lefs than 
ing the turn- tivodollarsy to berecovered by the treafurer of the faid Corpora- 
pike-^ate. ^Jon jq their ufe, in an a£lion of trefpafs, before any Court 
proper to try the fame. And if any perfon fiiall, with his 
carriage, team, cattle, or horfe, turn out of the faid road, to 
pais the faid turnpike gate, on ground adjacent thereto, 
with intent to avoid the payment of the toll due by virtue of 
this Act, fuch perfon fnall forfeit and pay three times fo much 
as the legal toll would have been ; to be recovered by the 
treafurer of the faid Corporation, to the ufe thereof, in an 
action of debt on the cafe : Provided that nothing in this A^t 
fliall extend to entitle the faid Corporation to demand toll of 
any perfon wlio fhall be pailing, with his horfe or carriage, to 
or from public worfliip, or with his horfe, team, or cattle, or on 
foot to or from his common labour on his farm, or to or from 
nny mill, or on the common and ordinary bufinefs of fam.ily 
concerns, within the fame town : And provided olfo, That the 
faid Corporation fliall not demand any toll for faid turnpike 
road, where the fame fhall be made on the public highway 
now exifting, nor ere£t any gates thereon, until the Court of 
General Seffions of the Peace fhall difcontinue the fame. 

Sect. 



FIRST MASS. TURNPIKE. June ii,^xi.ij<^6. 8i 

Sect. 5. And hs it further enacted y That the fliares in the shares to be 
fame turnpike road lliall be taken, deemed and coniidered to confidered as 
be perfonal eftate, to all intents and purpofes. pcrfonal eftatc 

Sect. 6. And be It further enaEted^ That there fhall be a Meeting of the 
meeting of the faid Corporation, held at the houfe of Simeon Corporation. 
Dwighty innholder in Weflerti^ in the county of Worcefier^ on 
the fecond Monday of September next, for the purpofe of 
choofing a Clerk, and fuch other officers, as may then and 
there be agreed upon by the faid Corporation, for regulating the 
concerns thereof, and that the faid Corporation may then and 
there agree upon fuch method of calling meetings, in future, 
as they may judge proper. 

Sect. 7. And be it further enaBed, That the books of the Books to be 
faid Corporation fliall, at all times, be fubjeft to be iufpefted j"%^ ^'^ ^"- 
and examined by a Committee to be appointed by the Gene- ^^ '°"' 
ral Court. 

Sect. 8. And be it further enaEled^ That the faid Corpo- 
ration, at the place or places where the toll Ihall be coileifted, 
fhall eredl, and keep conftantly expofed to view, a fign or ^'S" or ^o^rd 
board, with the rates of toll of all the tollable articles, fairly 
and legibly written thereon, in large or capital letters. 

Sect. 9. And be it further enaBed, That the General Court Corporation II- 
may diflblve the faid Corporation, whenever it fhall appear, foivcd^after bc- 
to their fatisfadlion, that the income, arlfing from the faid toll, ing fully com- 
ihall have fully compenfated the faid Corporation, for all mo- penfatcd. 
nies they may have expended, in purchailng, making, repair- 
ing, and taking care of the faid road, together with an intei-eft ' 
thereon, at the rate of twelve per centum by the year ; and 
thereupon the property of the faid road fhall be veiled in this 
Commonwealth, and be at their difpofal. Providedy That if Provlfo. 
the faid Corporation fhall neglect to complete the faid turn- 
pike road for the fpace of five years from the paffing this A6t, 
the fame fhall become void and of none effe(5l. 

Sect. 10. And be it further enaEled^ That the faid Corpora- Account of ex- 

tion fhall, within fix months after faid road is completed, lodge F^"'^ , '° ^ 

10 > rr- r 1 r 1. r lodged at the 

m the secretary s omce an account or the expenles thereoi ; secretary's of- 

and that the faid Corporation fhall annually exhibit to the fice. 
Governor and Council, a true account of the income or divi- 
dend arifing from the faid toll, with their neceffary annual 
difburfements on faid road ; and their books fhall at all times 
be fubjecl to the infpeclion of the Governor and Council, 
when called for. 

£Tiii3 Acl pafTed June 11, 1796.3 

An 

Vol. IL L ^ . 



82 SLUICE-WAY. Jww^ 13-14, An. 1796. 

An ACT to change the Natne of Ephra'rm Farrar, to 

the Name of J'ohn Farrar, 
JlE it enacied by ike Senate and Houfe of Reprefentatives^ in Gen- 
■^ eral Court ajfemhied, and by the authority of the fame, That 
from and after the pafling of this Aft, Ephfaim Earrar, of 
Worcefer^ in the county of Worcfler^ fon of 'John Farrar^ 
Ephr, Farrar's \^^q ^f Shyein/bury^ in the county Worcefier, deceafed, be, and he 
name c lange . ]^gj.g|^y j^ authorized and allowed to take, ufe, and bear the 
name of John Farrar, and by that name to be forever hereaf- 
ter known and called, in all precepts and records wlicitloever. 
[This Aa paffed June 13, 1796.] 

An ACT to incorporate John Cleaves and others, for 
the Purpofe c^f building a Sluice-way, from a Place 
called Dennett's Landings on Saco River ^ to Ptpperell's 
Wharf 

f^ T)E it enacied by the Senate and Houfe of Reprefenta- 

-*-^ tives, in General Court afembled, and by the author- 
ity of the fame. That John Cleaves, Jofeph Libbey, David Libbey, 
and Daniel Libbey, and all luch perfons as Ihall be aflbciated 
with them and their fucceflbrs, fliall be a Corporation by the 

-, . name of The Proprietors of the Sluice-way on Saco River, for the 

Corporatiort ^ ^, ., ,/ ^, -'. ^ -^ , ,, , ,-, , 

for building a purpole of buildmg a biuice-way from a place called JJeimett s 

Sluice-way. Landings on Saco River, to PeppereWs Wharf 

Sect. 2. And be it further enacied. That the faid Propri- 

Firft meeting etors Ihall hold their ftrft meeting on the lad Monday of Jidy 

to be m July, j^^^t, at the houie of faid John Cleaves in faid Pepperellborough, 

who is hereby diredled to give notice thereof to all the 

other Proprietors. 

Sfxt. 3. And be it further enaFted, That for the purpofe of 

reimburiing the faid Proprietors the money to be expended in 

building, fupporting and keeping in repair faid Sluice-way, a 
-r 11 n urn. toll be and hereby is granted and eftabliflied for the fole ben- 

1 oil Cllabllih- ^ r r • X IS ^ .^ .. , -. 

ed. efit of iaid Corporation, accordmg to the rates rollowmg, to 

wit : For every thoufand feet of boards, or plank, or joift, 
twenty cents ; for every thoufand of i\im^e?>, four cents ; for 
every thoufand of clapboards, tiventy cents ; for every ton of 
timber, eight cents ,• for every hundred feet of ranging timber, 
eight cents ; for every thoufand of ftaves, thirty cents ,- for every 
xn?i{i, forty cents ; for all mill logs, three cents each •, for all oar 
rafters, twenty cents for each thoufand feet ; for all fpars, twenty 
cents for every hundred inches, and in that proportion for a 
greater or lefs number of any of the faid articles. 
Shares are per- Sect. 4. And be it further enacied, That the fhiares in the 
fonaleftate. fame Sluice-way Ihall be taken, deemed and conlidered to be 
perfonai eftate, to all intents and purpoics. 

Sect. 



THOMAS C. AMORY. June 14, An. 1796. 83 

Sect. 5. And he it further enaBcdy That the General Court -r 11 1 v, 
fhall have a riglit to regulate the toll aforefald, after the term uiated by the 
of twelve years from the firil day of January next ; and if the General Court 
faid Corporation ihall neglecl or refufe, for the fpace of two ^^^^' twelve 
years from the faid firft day of January next, to build and ^^^^^' 
complete the faid Sluice-way, then this A*!^; Ihall be void and 
of no effe(5t- 

Sect. 6. And he it further enacted, That if it Ihall be 
neceflary for the laid Proprietors to run the faid Sluice-way 
over the lands of any perlon or perfons, v.'ho may not be wil- 
ling to diipofe of his or their right therein, by an agreement 
with the faid Proprietors, they are hereby authorized to take Proprietors 
and hold as much of the faid land as may be neceflary for the t^e°i^^,d^g /** 
purpofe of faid Sluice-way, making allov/ance therefor to the the purpofesof 
owners of fuch land, according to the mode prefcribed in the t'le fluice-way. 
Aft incorporating the Proprietors of the Middlefex Canal. 
And the faid Proprietors, at the fame or any fubfequent meet- 
ing, may enjoin and order hues and penalties for the breach of 
any by-law of fuch Corporation, not exceeding fourteen dollars. 
[This A(ht palTed June 14, 1796.] 

An ACT altering the Name of Thomas Amory, to the 

Name of Thomas C. A7nory. 
TiE it cnaFted by the Senate and Hoiije of Reprefentatives, in 
■*~^ General Court affenihled^ and by the authority of the fame^ 
That from and after the pafllng of this Aft, Thomas Amory of 
Boflony in the County of Huffoiky merchant, fon of the late 
Thomas Amory, deceafed, fliall be, and hereby is authorized Tho. Amory^s 
and empowered to take, bear and ufe the name of Thomas C. "^'"^ altered, 
Amory, and fliall be called and known by that name at all times 
hereafter. 

[This Aft paffed June 14, 1796.] 

An ACT to incorporate certain Lands in the Towns 

of Boyl/ion, Sterlings and Holden, into a Precinct. 
,-, T)E it e nailed by the Senate and Houfe of Reprefenta~ 

■^ tiveSy in General Court ajfembled, and by the author- 
ity of the fame, That the lands herein defcribed and bounded 
as follows, namely : Beginning at a ftake and flones the fouth- n„„„ . • . 

n r 7^ r .7 r ^ • 1 /- i i5oundanes la- 

ealt corner 01 Dauforth larm, thence running north, nve de- corporated. 
grees well, one hundred and ninety-three rods to a bunch of 
elms, a corner between Ephraim Beaman^s, and Matthew Da- 
venporfs lands ; thence north, twenty-five degrees eafr, three 
hundred and eighty rods to a heap of Itones, the north-eaft cor- 
ner of Ifrael Moor a land, which corner is on the northerly line 
of BoylJlon ,- thence running with the line that divides Boyljhn 
from Sterling eafterlv about two hundred rods, to a crotch- 

ed 



84 BOYLSTON, ka PRECINCT. June 34, An. 1796. 

ed oak and ftones, a bound between the faid towns ; thence 
north, feven degrees eaft, one hundred and thirty rods, to a 
heap of ftones ; thence north, fifty-eight degrees weft, four 
hundred and twenty-five rods, to a chefnut tree, and ftones 
by it, on land of Jabez Fairbank ,- thence north, eighty-three 
degrees and a half weft, two hundred and thirty-three rods, 
to a heap of ftones by a county road, a bound of the lands of 
Oliver Moor, and Abigail Smuyer ,• thence fouth, eighty-four 
degrees weft, one hundred and forty-lix rods, to a white pine 
and ftones on the bank of Stillwater River ,- thence north, 
feventy-two degrees weft, five hundred and fourteen rods, to 
Holden line ; then keeping the fame courfe, one hundred rods 
to a heap of ftones ; thence fouth fix degrees eaft one thou- 
fand fix hundred and twenty-fix rods to an apple-tree ftanding 
in Artemas Bartletfs land, near the line dividing Holdefi and 
Worcpjler ; then on the fame dividing line eafterly three hun- 
dred and twenty-eight rods to a fwamp white-oak tree, the 
corner of Worce/le'-and. Holden on th^ wefterly line of Boyljlon ; 
thence eaft about three hundred and twenty rods to a heap of 
ftones by a black oak tree, at the northerly end of the divid- 
ing line of Alalden farm \ thence nortli, two degrees weft fev- 
enty rods to a ftake and ftones on the line between John Temple 
and Reuben Duntuns land ; thence north twenty-five degrees 
eaft two hundred and thirty-one rods to the firft-mentioned 
bounds, together with the inhabitants thereon, be, and they 
are hereby incorporated into a Frecinft by the name of The 
Second Precinct in Boyljlony Sterling, cmd Holdtti., and the fame is 
hereby invefted with all the powers, privileges and immunities 
•which other precindls in this Commonwealth do or may by 
law enjoy ; and John Sprague, Efq. is hereby empowered to 
ifliie his warrant, diredled to fome fuitable inhabitant of the 
faid Second Precin£l, requiring him to warn the inhabitants 
thereof to meet at fome convenient time and place in the faid 
precin£l, to cuoole all fuch ofticers as precin^s are by law an- 
liuall}' to chooi'e. 

Sect. 2. A/id be it further enaSled by the authority nf or ef aid, 
That any perfon, with his family and eftate, included with- 
J'onSl'ue iTS^ ^" ^"^^ '^^^^^^^ °^ ^^^ ^^^'^ Second rrecin<Sl, who did not pe- 
firft precind. ' tition therefor, and who Ihall thoofe to belong to the Firft 
Precinct in the town to which fiich perfon now belongs, and 
ihall certify his choice, in writing,to theClerk of the faidSecond 
Prccin£t, within fix months after palling this Adt, flaail there- 
after belong to fuch Firft Precinct of the refpedlive town, 
agreeable to his choice. 

Sect. 3. And be it further enaEled by the authority aforefaid^ 

That the SeIe«R:men of the refpedlive towns of Boyljion, Stei^ 

firft meeting. /j>;^ ^nd Holden^ be, and they hereby are empowered to ifiue 

warrants 



STOCKBRIDGE AoUEDUCT. 7m«^ 15, An.1796. 85 

warrants for calling the firft meeting of the inhabitants of 
the feveral Firft ' Precindts in the towns to which fuch Se- 
leftmen belong, to choofe fuch officers as Precin6:s are by 
law annually to choofe. 

[This A6t palTed June 14, 179^.] 

An ACT to incorporate Theodore Sedge-wick, Efq. and 
others, for certain Purpofes therein mentioned. 

q JJE it enaEled by the Senate and Houfe of Reprefenta^ 

•*~^ tivesy in General Court ajfembledy and by the author- 
ity of the fame.) That Theodore Sedgewick^ Jahleel Woodbridgey 
Stephen Najh^ Jonathan Ingerfolly James Francis, Jofeph Barton^ Pcrfons incw 
Henry Williams Diuight, Silas Whitney y Ira Seymour y Phineas P°^"'**' 
AJhmuny Jofiah Dnvighty and Silas Pipoony all of Stockbridge, in 
the county of Berk/hire, and fuch other perfons as are or may be 
aflbciated with them, be, and they and their fuccefTors hereby 
are conftituted a Corporation, by the name of The Proprietors of 
the Aqueduci in Stockbridge, for the purpofe of conveying the 
water by pipes into fuch parts of the faid town of Stockbridge as 
they may judge expedient : Provided however, That nothing in 
this AS: contained fhall authorize faid Corporation to enter up- 
on, or ufe for that purpofe, the land of any perfon, without li- 
cenfe therefor firft had of the Proprietor of fuch land. 

Sect. 2. Be it further enacledy That any three of the Three mem" 
perfons above-named may, by notifications, to be pofted at the ^"^^ "^^7 <^^" ^ 
refpe^ive dwelling-houfes of Ira Seymoury and Samuel SpraguCy 
in faid Stockbridgey call a meeting of the faid Proprietors, to be 
holden in faid Stockbridgey on any fuitable time, feven days at 
leaft after porting fuch notifications. And the faid Proprietors, 
by a major vote of thofe prefent or reprefented, as is hereinafter 
provided, at faid meeting, accounting one vote to each fhare, 
fhall choofe a Clerk, agree upon the mode of calling future 
meetings of the faid Proprietors, and may alfo ele£t any other 
officers v/hich to them may feem neceflary for carrying into 
efFe£l the obje6l of tlieir incorporation. And the faid Proprie-. 
tors, at the fame or any fubfequent meeting of the Corporation, 
may enjoin and order fines and penalties for the breach of any of 
their rules and by-laws, not exceeding thirteen dollars for any one 
breach. And all perfons appearing at any of faid meetings to 
reprefent any of the faid Proprietors, fhall have therefor an ap- 
pointment in writing, figned by the perfon to be fo reprefent- 
ed, which fhall be filed with, or recorded by the Clerk of the 
Corporation ; whofe duty it fliall be fairly and truly to enter 
and record in a book or books, to be for that purpofe provided 
and kept, this Acl,and all the rules, by-laws, votes and proceedings 
of the faid Corporation •, which book and books fhall at all times 
be fubject to the infpedion of any perfon or perlbns for that 

purpofe 



86 DEDH AM AQUEDUCT. June 1 5, An. 1 796. 

purpofe appointed by the Legiflature. And the Clerks of.faid 
Corporation fhall be ivvorn by a Juftice of the Peace of tlic 
faid county of Berkjhire, to the faithful difcharge of the duties 
of their olHce. 

Sect. 3. Be it further enaBed^ That the faid Proprietors 
Authorized to ^^> "^^^ they hereby are authorized to enter on and dig up any 
dig up high- highway or town road, for the purpofe of placing iiich pipes as 
ways, &c. j^^y bg necefHiry to complete faid AqueducSt, or of repairing the 
flinie when requifite ; provided^ they in no cafe obftruct the pair- 
ing of fuch perfons as may have occafion to ufe fuch road or 
highway. 

Sect. 4. Be it further etmcled, That the mode of transfer- 
Mode of trans- ring fliares in faid corporate property Ihall be by deed, acknowl- 
fcrnng fliares. gdged before a Juftice of the Peace, and recorded by the Clerk 
of iaid Proprietors, in a book to be kept for that purpoie ; and 
■when any Ihare or Ihares in faid property Ihall be attached on 
meffie proccfs, an attefted copy of i'uch procefs fliall, at the time 
of the attachment, be left with the Proprietors' Clerk ; other- 
wife fuch attachment ihall be void. And fuch ihares may be 
fold on execution, in the iame manner as is or may be by law 
■ provided for the ialc pf perlbnai property by execution ; the 
officer making the fale leaving a copy of the execution, and of 
his return on the fame, v;ith the Clerk of the Proprietors with- 
in ten days after fuch fale. 

Sect. 5. Be it further enaHed, That any perfon injuring 
penalty for in- f^jjj Aqueduft, ihall be fubject to the fame penalties as are prc- 
J'^'^' ^" vided in the fecond iection of the Act, entitled, " An A<ft for 

the more eifedtnaliy preventing of trcfpaires in divers caies," 
paffed the twenty-third day of November^ in the year of our 
Lord one thouf md {^evQn hundred and eighty-live ; and fhall 
alio be liable to make good all da'magcs lb done to the laid 
Proprietors. 

[This Aftpafled June 15, I79<^.] 

An ACT authorizing Calvin Whiting to conduct Wa- 
ter, in fubterraneous Pipes, within the Town of 
Dedham^ for the Accommodation of certain Inhab- 
itants within faid Town. 
<i jyE it euaEted by the Senate and Hotije of Reprefenta- 

-•^ tii)eSf in General Court ajfembledy and by the authority 
ofthefamc^ That Cahin Whiting, of Dedhaniy in the county of 
Calv. WhiiiufT Norfolk, and his heirs and alTigns, be, and they are hereby au- 
authorized to thorized and empowered to link, place, renew, alter and repair, 
fink fubterra- fj-Qj-^ {j^j^g jq tmic, as he Or they Ihall think necellary, pipes or 
^ ' conduits of water, under any highways or public land in laid 
town, for domeflic ufe, or other benefit of any inhabitants there- 
of ; and as well on or under any other laud or place wiiere 
the Proprietors and pofiellbr thereof fliall Ivave granted faid 

Whit in gy 



CHAPEQUIDICK ISLAND. J me 1 6, An. 1 796. 87 

Whitings his heirs or ^iffi^ns, the privilege of fo condufling wa- 
ter, as on or lUKler faiel highways an<l public land, luch pipes, 
conduits, water, and works neceflary thereto, Ihall be confidered 
under the proie^Stion of law : And if any perfon or perfcns 
{hall dcftroy, difplace, injitre, or remove faid water-works, or 
any part thereof, or fcop, divert, draw, difturb, or foil the wa- 
ter running to, through, or ilTuing from any part of laid water- 
works, without liceni'e from faid Whitings his heirs or affigns, 
or be found guilty of any trefpafs thereon, he or they fliall be 
liable, upon convi6lion thereof, to pay to the faid Whiting, 
his heirs or afligns, treble damages, to be recovered in an adtion Penalty for in- 
of trefpals, in any court of record i^roper to try the fame : Pro- J^'^'^S- 
•u'ldsd neverthelefsy That the Seleftmen of faid town, where they 
judge expedient, and likely to afford tlie beft fecurity againft 
calamitous delirudlion by hre, may place conduftors to any part 
of faid pipes or conduits, under any further reafonable reftric- 
tions, to atford water on luch occafions only, as well as the pro- 
tection aforefaid, which is hereby declared to be extended againft 
drawing water by any fuch conductor, when the fame drawing 
cannot afterwards be juftified by a certificate, under the hand of 
one of the Selectmen, or a Fireward of faid town, of the proba- 
bility there v/as, in his opinion, of thereby preventing or lelTen- 
ing luch calamitous de(lru£l:ion by fire. 

Sect. 2. Ami it is further enaBcd, That nothing in this I'rovifo. 
A61 fball avail the party pleading the fame againft evidence of 
unnecellary expofure to damage, delay, difturbance or incon- 
venience to paflengers, their cattle or carriages, over any of fitid 
highways or public land, but the fame fliall be confidered a nui- 
fance, or other tranfgreffion, ab initio^ as much as if this Act had 
never been made. 

[This A£l pafled June 15, 1796.] 

An ACT in addition to, and in explanation of an Ace, 
palled January the twenty-fixth, One thoufand 
feven hundred and eighty-nine, entitled, " An 
Acl to fet off to the Patentees and other Purchafers, 
certain Tands in the Ifland of Chapeqii'idick, in the 
County of Duke's County, 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, Horfcs, Sheep, 
Goats and Swine from croins: at lars^e on the faid 
Iiland, at certain Seafons of the Year." 

"HERE AS amongft other things in faid A€i it is emiBed, Preamble. 
That the Indians fhali never be held to make any fence 
the divifional line between them and the patentees or pur- 
chafers 



reded. 



88 . COMMON FIELD. y««^ 17, An.1795* 

chafers on faid ifland ; but that the patentees and purchafers 
fhall be at the fole expenfe in erecting and maintaining the di- 
vifional fence ; but it is not declared in faid AtH: in what man- 
ner or proportion the fame ought to be made and maintained, 
■which has and may hereafter caufe difputes to arife amongft the 
faid patentees and purchafers -, to prevent which, 

Be it enaBedby the Senate arid Houfe of Rep/efentatives^ in Gen" 
eral Court njfembled, and by the authority of the fame ^ That thofe 
patentees and purchafers, whofe lands are or may hereafter be 
inclofed and improved in feveralty, and bounded by divifional 
lines as aforefaid, fhall be held and obliged to make and main- 
Divifional fenc tain the one half of the divilional fence between their refpedl- 
'*A°T ^° ^^^* ^^^ inclofures and the lands affigned to the Indians, in the fame 
manner as the law provides Ihall be done between neighbours, 
whofe lands are under a feparate improvement ; and that the 
other half of the faid divifional fence fhall be made and main- 
tained by the feveral patentees and purchafers, agreeable to the 
laws, made for the regulation of common and general fields and 
general fences ; and that the Aft, of which this is in explana- 
tion, be fo conflrued and underftood. 

[This Act pafTed June i(5, 1796.] 

An ACT to incorporate the Owners of certain 
Lands in Southwick, in the County of Hampfhire, 
bordering on the Line of the State of Connedicut^ 
for the Purpofe of managing the fame as a Com- 
mon Field. 

"DE it enaBed by the Senate and Houfe of ReprefentativeSy in 
-^ General Court ajfembied^ and by the authority ofthefame^ That 
Lands to be -^ that tra£l of land, lying in the faid town of Southwicky and 
fi Id beginning at ConneBicut Line, on the eafl fide of Congomonck 
Pond ; then running northerly by faid pond to a pitch-pine 
tree, near the north line of the Little Pond, fo called ; thence 
an eaflerly courfe about thirty rods to the north fide of the road 
that leads to Stephen Sextonh ; thence on the foutherly fide of 
faid road as it now runs, to Tahan Noble's land ; thence to 
Thomas Hanchetfs and Hemnn Plaflings* ; and thence in the line 
of fiid road until it interfcfts ConneBicut Line, fhall be confid- 
ered as a Common Field ; and that the Proprietors and owners 
of the lands aforefaid, are hereby invefled with all the powers 
and privileges which the Proprietors of lands in general fields 
are by law invefted with. 

[This Aft paiTed fune 1 7, 1 796.] 

An 



eonfidered as 
common 



NEWBURY. June 1 7, An. 1 796. 89 

An ACT authorizing the Firil Piirifli in Newbury to 
diicharge from Taxation, for the Support of Public 
Worlhip in i^id Parifh, fuch Perfons within the 
Limits of faid Parifh as attend PubUc Worfliip 
in any other Religious Society, and are willing to 
be fubjecl to Taxation in fuch Society. 

"S XTHE11E/,S a number of perfons, within the limits of the Preamble. 

Y V Firft Parilh in Neivb:try, ufualiv attending public 
worfiup in fome of the Religious Societies in Nenvbury-Port^ 
were heretofore exempt from taxation in faid Firft Parilh ; but 
doubts have lately arifen as to faid exemptions : 

Sect. i. Be it enatied by the Senate and Houfe of Repre- 
fentat'ives, in General Coint nffenihledy and by the authority of the 
fame. That the Firil Parilh in Neivbury be, and they hereby 
are authorized to exempt from taxation for the fupport of pub- 
lic worfliip in laid parilh, all thcfe perfons within the limits of ^'^^^ panfli not 
fiid parilh, who have heretofore been exempted, upon their ^.^^^ worfliip 
producing a certificate from any religious incorporate Society, in another par- 
that they have entered their xiames as members of fuch Society, '^^• 
and are willing to be fubjedl to taxation therein. 

Sect. 2. And he it further enacled, That the Society to 
which fuch perfons are admitted as members, be, and they here- Such other par- 
bv are authorized to tax their polls and eftates, for the fupport '^ ^° ^^'^ ^"'^ 
of public worlhip, in the fame proportion as they do their 
other members j their living within the hmits of the Firll Parilh 
in Newbury notwithflanding. 

Sect. 3. And be it further enact ed. That the faid Firft 

Parilh in NewburshQy and they hereby are authorized and em- ,i""/'', ^"* 
/ . ' ./ - . r thonty to cx- 

powered, at any time hereafter, to exempt irom taxation, tor empt from tax- 
the fupport of public worfhip in fiid parilh, the polls and ellates ation. 
of any other perfons, within the limits of laid parifh, who 
will produce a certificate from any religious incorporate Society 
in manner as aforefaid ; and fliall pay their proportion of the 
monies raifed in faid parilh previous to fuch certificate. 

Sect. 4. And he it further enaEled^ That any fuch reli- 
gious Society, from whom the perfons defcribed in the laft pre- 
ceding paragraph Ihall produce a certificate as aforefaid, are 

hereby authorized to tax their polls and eftates in the fame pro- 'o levy 

portion as they do the other members of their Society, until '*^®** 
upon a like application to fome other religious incorporate 
Society, they lliall produce a certificate that they are admitted 
as members thereof, and that they have paid their proportion of 
all monies raifed in the Society which they are defirous of leav- 
ing, which was voted previous to their producing fuch certifi- 
cate. 

[This Act palTed June 17, 1796.] 

Aa 

Vol. II. M 



90 NEW-BEDFORD BRIDGE. June ly, An. iyg6. 

Fourth enafl- An ACT for incorporating certain Perfons for the 
ing ciaufc re- Purpofe of building a Bridge over Jcuijhnet River, 
Typo. ' '^ "*' in the Town of Netu-Bedford. 

Preamble "TTT THERE AS JVi/iiam Rotch and others have petitioned 
V V this Court to be incorporated, for the purpofe of build- 
ing a bridge over Acuijlmct River y in the town of Nen.u-Bedfcrd ; 
and it appears that a bridge over the faid river will be of public 
utility : 

Sect, i . Be it enacJed hy the Senate af?d Houfe of Reprcfenta- 
tives, in General Court ajfembhd, and by the authority of the fame., 
Perfons incor- That William Rotchy William Rotch, jun. Thomas Rotch, Thomas 
porated. Hazard, Edward Pope, and John Hoivland, be, and they are 

hereby conftituted a Corporation and Body Politic, for the pur- 
pofe of building and fupporting a bridge over faid river, fo long 
as they fhall continue to be Proprietors in the fund to be raifed 
for that purpofe, together with all thofe who are, or fliall here- 
after become Proprietors of the laid fund, under the name of 
The Proprietors of Neiu-Bedf or d Bridge ,■ and by that name may 
fue and profecute, and be fued and profecuted to final judgment 
and execution •, and do and fufFer all matters and things which 
Bodies Politic may and ought to do and fuffer •, and that faid 
Corporation fliall 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. jdnd be it further enaEled, That Edivard Pope, 
Mode W call- Efq. be, and he hereby is directed to iffue his warrant, diredled 
ing a meeting, to fome principal inhabitant of faid New-Bedford, whenever ten 
or more of faid Proprietors ll:iari requeft the fame, to warn or 
call a meeting of the faid Proprietors, to be holden at New- 
Bedford aforefaid, by polling up notifications in the ufual public 
places in faid town, or by advertifing the fame in the Medley or 
Marine Journal, of faid New Bedford, at leaft feven days pre- 
vious to laid meeting. And tlie faid Proprietors, by a vote of a 
majority of thofe prefent or reprefented at faid meeting, (ac- 
counting and allowing a vote to each iliare, provided that no 
Proprietor Ihall be allov/ed more than twenty votes) Ihallchoofc 
a Clerk, who Ihall be duly fworn to the faithful difcharge of his 
office J and alfo fliall agree on a method for calling future meet- 
ings •, and at the fame or any fublequent meeting may make 
and eftablifh any rules and regulations that Orall be neceflary 
or convenient for regulating the laid Corporation, efiedling, 
completing and executing the purpofes aforefaid, or for collect- 
ing the toll hereinafter granted ; and tlie fame rules and reg- 
ulations may caufe to be kept and executed, or for the breach 
thereof, may order and enjoin fines and penalties not exceed- 
provlfo. ii^g ten dollars : Provided the rules and regulations aforefaid are 

not 



NEW-BEDFORD BRIDGE. June ly. An. 17 gG. 91 

not repugnant to the Conftitution or laws of this Common- 
wealth. And the faid Proprietors may alfo choofe and appoint 
any other officer or officers of the Corporation that they may 
deem neceflary ; and all reprefentations at the faid meetings 
llaall be proved by a fpecial appointment in writing, Ixgned by 
the perfon making the fame, which fliall be filed with or record- 
ed by the Clerk. And this Aft, and all rules and regulations 
and votes of faid Corporation, ihall be fairly and truly recorded 
by the Clerk, in a book or books to be kept for that purpofe. 

Sect. 3. Jlnd be it further ena^edy That for the purpofe 
of reimburfing the faid Proprietors the monies by them expend- 
ed, or that may hereafter be expended in building and fupport- 
ing faid bridge, a toll is hereby granted and eftablifhed for the Toll eftabUlh- 
fole benefit of faid Proprietors, according to the rates following, ed. 
that is to fay — For each foot paflenger, y?;^ cents ^ for each per- 
fon and horfe, twelve cetits ; for each chaife or fulkey, twenty^ ' ra cs o . 
fve cents ; for each flelgh drawn by one horfe, eighteen cents ; 
if drawn by more than one^fx cents for each additional horfe ; 
for each coach, phaeton, curricle, or four-wheeled carriage for 
paflengers, thirty-fix cents ; for each cart or waggon, fled or 
other carriage of burthen, drawn by two beafls, twenty- five cents ; 
and for each additional beaft in the fame team, fix cents ; for 
each wheel-barrow or hand-cart, capable of carrying a like 
weightjj'fA; cents ; for neat cattle,^^' cents each; horfes, other than 
thole rode on, or which are in carriages or teams,^« cents ; for 
flieep and fwine, at the rate oifx cents for each dozen j and but 
one perfon fhall be allowed as a driver for one team. And at 
all times when the toll-gatherer fliall not attend his duty, the 
gate or gates fliall be left open : And the toll fhall commence- 
on the day of opening faid bridge for paflengers, and fliall con- 
tinue for the benefit of faid Corporation forever 5 provided^ That Provifo. 
after the term of thirty years, the rate of toll fliall be fubjedt to 
the regulations of the Legiflature. 

Sect. 4. Atid he it further enacled^ That no toll fliall be re- Exemptions, 
quired of thofe who have occafion to pafs faid bridge on the from toll. 
Lord's day, in order to attend public worfliip ; nor of children 
croffing the faid bridge, on either fide of the river in faid town, 
in going to or from fchool. 

Sect. 5. And be it further enaEled^ That faid bridge 
fhall be well built, at leaft twenty-four feet wide, of good and j^^,^ ^^ j^^ 
fuitable materials, and be covered with plank or timber fuitable built, 
for fuch a bridge, with fufficient rails on each fide for the fafe- 
ty of pafl^engers : And the fame fiiall be kept at all times in 
good, fafe and pafllible repair : And the Proprietors, at the place 
or places where the toll Ihall be received, fhall erect, and keep 
conftantly expofed to view, a fign or board, with the rates of 
toll of all tollable articles fairly and legibly written thereon. 

Sect* 



^i S. HAMMOND, &c. SET OFF. June 1 7, An, 1 796. 

Sect. 6. And he it further enaBedy That the faid bridge 
Where to be e- fhall be erected and placed as follows, to wit — Beginning at the 
rected. ^^^ ^j^ ^^ ^-^-^ Acuylmet River y at a place called Smithes Pointy 

at the eaft end of Miudle-ftreet in the village of Bedford, in laid 
town of New-Bedford ; and from thence running to Fifh-Ifandy 
croffing the faid ifland ; and from thence to Edward Pope's. 
ifland ; and croffing that ifland, diredtly on to the eaft fide of laid 
Acui/Ijfiet River, landing between the village of Fair Haven and 
Oxford, in faid town of New-Bedford ; with two fuitable drav/s, 
which fliall be at leaft thirty feet wide ; one the Aveft fide of 
faid river, in the channel- way, and the other on the eaft fide, in 
the moft fuitable place on that fide of faid river ; which draws 
fhall at all times, when the faici bridge is finiflied, be opened, 
when requefted, for velTels which may have occafion to pafs 
them. 

Sect. 7. And be it further enacted. That if the faid Proprie- 
Bridge to be tors fhall negledl, for the fpace of fix years from the pafling 
built in fix this Aft, to build the faid bridge, then this Aft fhall be void and 
1^^'^ ofnoeffeft. 

[This Aft pailed June 17, 1796.] 



An ACT to fet off Samuel Hajnmond and others, with 
their Eftates, from the fecond or northerly Parifh 
in Kittery, and to annex them to the third or mid- 
dle Parifli in faid I'own. 



Sect. 



TDE it enaEted by the Senate and Houfe of Reprefenta^ 
■*-' tives, in Genera! Court affemhled, and by the authority 
cf the fame. That Samuel Hammond, Nathaniel Ha7fon, William 
Verfons fet oiF. Harvey, John Cutts, John Rogers, Samuel Leighton, and Samuel 
Leighton, jun. of Kittery, in the county of York, and their 
eftates, be, and are hereby fet off from the fecond or northerly 
parifli in faid town of Kittery, and annexed to the third or 
middle parifh in faid town ; there to enjoy the privileges of the 
faid third or middle parifh, and to pay their proportion of all 
neceftury charges that may arife therein. 
Provifa. Sect. 2. Provided neverthclefs, and be it further enaEled^ 

That the laid Samuel Hammond ^ Nathaniel Hanfon, William Har- 
vey, John CuttSy John Rogers, Samuel LeightoUy and Samuel 
Leighton, jun. Ihall be holden to pay their juft proportion of all 
taxes now alTefTed or granted by faid fecond or northerly parifh. 
[This Aft pafTed June 17, 1796.] 

Aa 



GREENFIELD AQUEDUCT. June ij, An.iy^G. 93 

An ACT to incorporate Da?7iei Wells, and others, Pro- 
prietors of the Aqueduct in Greenfield. 

„ 7^^ 7V enaBed by the Senate and Hotifs of Reprefenta- 

-^ fives f in General Court ajjhnbledy and by the author- 
ity ofthefc'.me^ That Daniel Wells, Eliel Gilbert, Jonathan Lea- Perfons incoT- 
vitt, Abner Smead, and William Coleman, all of Greenfield, in the poratcd, 
county of HampfiAre. and fuch other perfons as are or may be 
alTociated with them, be, and they and their fucceffors hereby 
are conftituted a Corporation by the name of The Proprietors 
of the Aqueduct in Greenfield, for the purpofe of conveying 
water by fubterraneous pipes into the town ftreet in ^reetjfield. 

Sect. 2. And be it further enacted. That any three of the 
perfons above named may, by notifications to be polled at the Mode of calling 
refpedlive houfes of Calvin Mun, and Elifijn Wells, innhoiders "meetings. 
in faid Greenfield, call a meeting of the laid Proprietors, to be 
holden at f ^id Calvin Muns on any fuitable Ime, feven days at 
leaft after the ooftiug of Inch notifications. And the faid Pro- 
prietors, by a major vote of thofe prefent or reprefented, as here- 
inafter provided, at fiid meeting, accounting one vote to each 
fliare, fluall choofe a Clerlj, agree upon the mode of calling fu- 
ture meetings of the faid Proprietors, and may alfo eledt any 
other officers which to them may feem neceffary for carrying 
into efFeft the objedt of their incorporation. And tlie faid Pro- 
prietors at the fame or any fubfecuent m.eeting of the Corpora- 
tion, may enjoin and order fines and penalties for the breach of 
any by-laws, n ot exceeding thirteen dollars for any one breach. 
And all perfons appearing at any of faid meetings, to reprefent 
any of the faid Proprietors, fhall have therefor an appointment 
in writing, figned by the perfon to be fo reprefented, which 
Ihall be recorded by the Clerk of the Corporation, whofe duty 
it fhall be fairly and truly to enter and record, in a book or Duty of the 
books to be kept for that purpofe, this Adt and all the rules 
and by-laws, votes and proceedings of the faid Corporation ; 
which book and books fhall at all times be fubjedl to the infpec- 
tion of any perfon or perfons for that purpofe appointed by the 
Legillature. And the Clerks of faid Corporation ihall be fworn 
by a Jufi;ice of the Peace of the faid county of Hampfiaire, to the 
faithful difcharge of the duties of their-office. 

Sect. 3. Be it further enaBed, That the faid Proprietors be, 
and they hereby are authorized to enter upon and dig up any 
highway or town-way, for the purpofe of placing fuch pipes as 
may be neceffary to complete faid Aqueduct, or of repairing the 
fame : Providi;d, That they do not thereby impede the pafiing Provifo. 
of travellers. And the faid Proprietors may alfo enter and dig 
up, if neceffary for the purpofe aforefaid, the ground of any in- 
dividual, paying him a reafonnble compenfition for any damage 
he may fufl:ain thereby ; and if the parties cannot agree to efti- 

mate 



94 CONNECTICUT R. BRIDGE. June 1 8, An. 1 796. 

mate the fame, or to h?.ve the fame afcertained by difinterefted 
perfons by the parties mutually chofen for that purpofe, then 
fuch damage, as a Committee of three difinterefted freeholders, 
to be appointed by the Court of Common Pleas for faid county 
of HampfJAre for fuch purpofe, as a major part of them may 
award ; and upon any fuch award, returned to faid Court, t):ie 
Juftices thereof may enter up judgment for fuch damages and 
cofts, and ifTue execution for the fame againft the faid Propri- 
etors, as in common cafes : Provided neverthelefsj That any 
perfon diffatlsfied with fuch award may, on application to the 
faid Court, have his damages afcertained by a Jury, the ad- 
Damajres to be ditional cofts of wliich (hall be paid by faid Proprietors, if fuch 
afceruxned by j^^^ ^^|j ^^^ ^ verdift for a larger fum than was awarded by 
fuch Committee. 

Sect. 4. jind be it further enaBed, That any fliare or flaares 

Shares to be li- jj^ ^^; j property fliall be liable to attachment on mefne procefs, 

ment. ^^^ ^Viz\\ attachment Ihall be made by leaving an attefted copy 

of fuch procefs with the Proprietors' Clerk at the time of fuch 

attachment, and fuch fhare or fhares may be fold on execution, 

in the fame manner as is or may be provided for the fale of per- 

fonal property by execution, the officer making the fale leaving 

\ a copy of the execution, and of his return on the fame, with the 

Clerk of the Proprietors within ten days after fuch fale. 

Sect. 5. Be it further enacled, That any perfon wilfully 
Penalty for in- injuring faid Aqueduft fhall be fubjedl to the fame penalties as 
juring. ^j.g provided in the fecond fe6lion of the A£t, entitled, " An 

Ad for the more effeftually preventing of trefpafles in divers 
cafes," pafted the twenty-third day of Novetnbcry in the year of 
our Lord one thoufand ^Qven hundred and eighty-^five, and 
flrall alio be liable to make good all damages fo done to the faid 
Proprietors. 

[This A£l: pafled June 17, 179^^.] 



AdJttionai An ACT for incorporating certain Perfons for the 

1800' F^b^a?' Purpofe of building a Bridge over Connedicut River, 
380a, June ao, in the County of Hcwipf/jire, and for fupporting the 
'^°2- fame. 

p ,. "T XT HERE AS the cre(5ling a bridge over Co;7w^ia/^ i^zwr, 

V V between the towns of Greenfield and Montagucy at a 
place called Cofs^s Ifand^ will be of great public utility ; and 
whereas Jonathan Leavitt and Eliet Gilbert have prefcnted a 
petition to this Court, fetting forth that they, with divers other 
perfons to be allbciated with them, are willing to undertake 
the fame, and praying to be incorporated for that purpofe : 

Sect. i. Be it therefore enaBed by the Senate and Hoi/fe of 
ReprefeniativeSy in General Court affembled, and by the authority of 
the fnne^ That Jonathan Leavitt, EUel Gilbert, and fuch other 

perfons 



CONNECTICUT R. BRIDGE. 7;/;:<; 18, An.1796. gs 

perfons as fhall afTociate with them, be, and they hereby are Perfons Incor- 
conftituted a Corporation for the purpofe aiorefaid, by the porated. 
name of The Proprietors of ConneB'icut River Bridge. 

Sect. 2. And be it further enacted, That the faid Jonathan 
Leavitty and Eliel Gilbert may, by advertifement in the Green- Mode of call- 
field Gazette^ warn or call a meeting of the faid Proprietors, '"g » meeting, 
to be holden at any fuitable time and place after five days 
from the firft publication of faid advertifement : And the Pro- 
prietors by a vote of the majority of thofe prefent or repre- 
fented at faid meeting, (accounting and allowing one vote to 
each fingle fhare in all cafes, provided however that no one 
Proprietor fhall be allowed more than ten votes) fliall choofe clerk to be 
a Clerk, who fhall be fworn to the faithful difchargc of his cholen. 
office, and iliall alfo agree on a method of calling future meet- 
ings ; and the faid Proprietors may, at the fame or any 
future meeting, enjoin a penalty or penalties for the breach of 
any of their by-laws, provided fuch penalty ihall not exceed 
the fum of ten doV.ars. And no perfon fliall appear at fuch 
meetings as the reprefentative of another, without producing 
a writing for that purpofe, figned by the perlbn reprefented, 
which writing fliall be filed with the Clerk. And this Aft, 
and all by-laws, regulations and proceedings of the faid Cor- 
poration, fhall be fairly and truly recorded by the Clerk, in a 
book to be provided and kept for that purpofe. 

Sect. 3. And be it further enaBed, That the faid Proprie- 
tors be, and they hereby are permitted and authorized to eredt „ . , , 

,., A, ^. ,^.* ., TTT n . Bridge to be e- 

a bridge over Lonncclicut Kiver^ ni the county or tLampJmre^ reeled. 

from the weftern Ihore north of Deerfietd River to Ccfs's Ifiand^ 

and from thence to Montague in faid county. 

Sect. 4. And be it further enacledy That faid bridge fliall , , ' 

be at leaft twenty-five feet wide ; and that faid bridge be cov- built. 
ered with plank or timber, and the fides fiiall be boarded or 
railed up at Icalt lour feet high for the fecurity of pafiengers. 

Sect. 5. And he it further enacted^ That for reimburfmg 
the faid Proprietors the money by them to be expended in 
building and fupporting the faid bridge, a toll be, and hereby Toll eftablifti- 
is granted and eftiiblifiied for the fole benefit of the faid Pro- '^'^• 
prietors, according to the rates following, viz. — For each foot 
pafiTenger, tivo cents ; for each horfe and rider, fix cents ; for ^^^^ '^^ *°^ 
each horfe and chaife, chair or fulkey, twelve and an half cents ,• 
lor each coach or other four wheel carriage for pafiengers, 
twenty-five cents ; for each cnrv'xclQi feventeen cents ,- for each cart, 
fled or other carriage or riding ficigh drawn by one beaft:, 
twelve and an ha f cents ; for each waggon, cart, fied, fleigh or 
other carriage of burthen, drawn by two hcz{is,fventeen cents ; 
and for every additional beafl;, three cents ; for horfes or neat 
cattle, exclufive of thofe rode or in carriages, three cents each ; 
for flieep and fwine, half a cent each -, and to each team, one 

perfou 



gS C. C. P. IN ESSEX COUNTY. Nov. 22, An. 1796. 

perfon and no more fliall be allowed as a driver free of toll. 
And at all times when the toll-gatherer fhall negletSt his duty, 
the gate or gates fhall be left open ; and the faid toll fhall 
commence on the day of the firft opening of the faid bridge 
Provif©. £qj, paifengers. ProviJeu^ That the Legiflature lliall have a 

right after thirty years to regulate the fame. 

Sect. 6. • And be it further enaBedy That if the faid Propri- 
Brido-e to be etors fhall ncgle^V, for the fpace of four years from the firffc day 
built within of Ala^ next, to build the faid bridge, then this A€i fhall be- 

four years. ^^^^ ^^j^^ 

[This Aa: paired June i8, i 796.] 



An ACT providing for the holding of a Court of 
Common Ple:is, within nnd for the County of EJfex, 
to prevent a failure of Juitice in that County. 

WHEREAS the Court of Common Pleas, which by law 
was to have been holden at Ncwbury-Porty within and 
for the county of Ejjexy on the firft TuefJay of Oclohery in the 
year of our Lord one thoufand feven hundred and ninety-fix, 
was not holden at that time, nor adjourned by proclamation to 
any future time, by reaibn that there were not tv;o Juftices of 
the faid Court prefent at the faid time and place for holding 
the fame, whereby all the fuits and matters pending in the 
fame Court, either by continuance or on original procefs re- 
turnable thereto, will be deemed and taken to be difcontinued, 
without fome provilion is made therefor by law : Therefore, 

Be it enaElcd by the Senate and Houfe of Reprcfentativesy 
in General Court ajfcmhlcdy and by the authority of the famcy That 
the Court of Common Ple;is, which by law was to have been 
holden at Neivbury-Porfy within and for the county of Ejfexy 
on the firft Tuefdny of Oclobery in the year of our Lord one 
thoufand feven hundred and nincty-fix, fhall, and may bs 

Court when to holden at Neivhury-Porty within and for the fame county, on 

fae liolden. the firft Tuefday of Januaryy Vt^hich will be in the year of our 
Lord one thoufand feven hundred and ninety-feven, and fliall 
have the fame powers and jurifdiction, in all caufes and mat- 
ters, and all attachments made and bail given, Pnall continue 
and have the lame efFetSt, and all returns fhall be made, and 
all officers, jurors, parties and witnefles, fliall attend in the 
.fame manner, as if the faid Court had been duly and legally 
adjourned by proclamation, from the firft Tuefdny of October 
aforefaid, to the firft Tuefday of 'January aforefaid ; any 
law, ufage, or cuftom to the contrary notwithftanding. 

Prov'fo. Provided neverthelefsy That all appeals which may be made 

from any judgments rendered at the fame Court to be 
holden as aforefaid, fhall be made to the Supreme Judicial 

y Court 



RiCIiMOND AQUEDUCT. Nov. 24, An. i ygS, 97 

Court then next to be holden within and for the fame county. 
And the Secretary is direeled to caufe this Act forthwith to 
be publiflied in the Mercury, printed at BoJIon^ and in the 
feveral newfpapers printed in the county o£ Effex. 
[This Acl paffed November 22, 1796.] 

An ACT to alter the Name of Samuel Hewes. 

jOE it enaBecl by the Senate and Houfe of Reprefentatives^ in 
"^-^ General Court cjfeinbledj and by the authority of the fame^ 
That from the pailliig of this A£l, Sa?nuel Heives, of Boflan, in 
the county of Si.ffolky Merchant, fon of Samuel Heives^ late of 
faid Bojion, deceafed, be, and he hereby is authorized to take 
and ufe the name of Samu-el Hill Heives^ and that he be called Name altered, 
and known by that name at all times hereafter. 

[This A£i paffed November 24, 1796.] 



An ACT to incorporate John Bacon and others, for the 
Purpofes therein mentioned. 

q TiE it enaSied by the Senate and Houfe of Reprefenta- 

■^ tiveSj in General Court ajjhnbled, and by the authority 
ef the fame, That John Bacon, Daniel Kathburn, Jonathan Holly, Perfons incof- 
Damel Hxill, Jabez Brooks, Samuel De-zvey, Nathaniel Redding- porated. 
ton, Thomas Beches, John Baron, yiXn. and Cyprian Branch, all of 
Richmond, in the county of Berlfhire, and fuch other perfons 
as are or may be aiTociated with them, be, and they and their 
fucceffors hereby are conftituted a Corporation, by the name 
of The Proprietors of the Aqueduti in Richmond^ for the pUrpofe 
of conveying v/ater by pipes into fuch parts of the faid town of 
Richmond as they may judge expedient : Provided hoivever. 
That nothing in this Aft contained fhall authorize faid Corpo- 
ration to enter upon or ufe for that purpofe the land of any 
perfon, without licenfe therefor firll: had of the Proprietors of 
fuch land. 

Sect. 2. Be it further enacted. That any three of the per- — how to call 
fons above named may, by notifications to be poPced at the ^ "^^^'^''"Sf* 
refpeftive dwelling-houfes oi Daniel Rathhum and Thomas Bec- 
ker, in faid Richmond, call a meeting of the faid Proprietors, to 
be holden in faid Richmond, at any fultable time, feven days 
at leaft after pofting fuch notifications. And the faid Propri- 
etors, by a major vote of thofe prefent or reprefented as is 
hereinafter provided at faid meeting, accounting one vote to 
. each fliare, fliall choofe a Clerk, agree upon the mode of call- 
ing future meetings of the faid Proprietors, and may alfo eleSi 
any other officers which to them may feem negelTary for car- 
rying 
Vol. ir. N 



98 RICHMOND AQUEDUCT. iV^j-u. 24, An.1796. 

rying into efFedt the objefl of their incorporation. And the 
faid Proprietors, at the fame or any fubfequent meeting of the 
Fines. Corporation, may enjoin and order fines and penalties for the 

breach of any of their rules and by-laws, not exceeding thir- 
Proxies. teen dollars for any one breach. And all perfons appearing 

at any of faid meetings to reprefent any of the faid Proprie- 
tors, Ihall have therefor an appointment in writing, iigned by 
the perfon to be fo reprefented, which fliall be filed with, or 
recorded by the Clerk of the Corporation, whofe duty it fliall 
be fairly and truly to enter and record in a book or books, to 
be for that purpofe provided and kept, this AS: and all the 
rules and by-laws, votes and proceedings of the faid Corpora- 
tion ; which book and books fhall at all times be fubjedt to 
the infpeftion of any perfon or perfons for that purpofe ap- 
Clerks. pointed by the Legiflature. And the Clerks of the faid Cor- 

poration fliall be fworn by a Juftice of the Peace of the faid 
county of BerhJIjire^ to the faithful difcharge of the duties of 
their office. 

Sect. 3. Be it further euaBedy That the faid Proprietors 
be, and they hereby are authorized to enter on and dig up 
Highways may any highway or town road, for the purpofe of placing fuch 
be dug up. pipes as may be neceffary to complete faid Aqueduct, or, of 
repairing the fame when requisite : Provided they in no cafe 
obftruft the paffing of fuch perfons as may have occaiion to 
ufe fuch road or highway. 

Sect. 4. Be it further enaBed, That the mode of transfer- 
To transfer ring Ihares in faid corporate property, ihall be by deed, ac- 
iliares. knowledged before a Juftice of tlie Peace, and recorded by the 

Clerk of faid Proprietors in a book to be kept for that purpofe. 
Cafe of attach- And when any Ihare or fliares in faid property Ihall be at- 
ment. tached on mefne procefs, an attefted copy of fuch procefs fhall, 

at the time of the attachment, be left with the Pi-oprietors' 
Clerk ; otherwifc fuch attachment fliall be void. And fuch 
Ihares may be fold on execution in the fame manner as is or 
may be by law provided for the file of perfonai property by 
execution ; the officer making the fale, leaving an attefted 
copy of the execution and of his return thereon, with the 
Clerk of the Proprietors, within ten days after fuch fale. 
Sect. 5. Be it further etmBed, That any perfon injuring 
p K f r ^'"'^ Aqueduct, fliall be fubject to the fame penalties as are 
iniuring Aque- provided in the focond fe^lion of the Acl, entitled, " An Act 
duft. for the more etredtually preventing of trefpafTes in divers 

cafes," paffed the twenty-third day of November^ in the year 
of our IjOrcl one thoufand feven hundred and eighty-five ; 
and fhall aifo be liable to make good all damages fo done to 
the laid Proprietors. 

[This A^ pafTed November 24, 1 796.3 

An 



FIRST MASS. TURNPIKE. Nov. 25, An. 1796. 99 

An ACT for incorporating a Religious Society in New- 
bury-Port, in the County of Effex, 

JJE it enaEled by the Senate and Houfe of RcprefentativeSy in 
■^ General Court affcmblcd.) and by the authority of the famey 
That fuch of the inhabitants of Ne%vbury-Porty in the county 
of Effexy as have lately formed themfelves into a religious So- 
ciety, and erected a houfe of public worlnip in raid Ne%vbury- 
Portf and do now ufually attend the public worfhip of God, 
and the inltructions of the Reverend John Boddily, their Min- 
ifter, in faid houfe, be, and hereby are made and declared to 
be a Body Corporate and Politic forever, by the name of The 
Second Prcjhyterian Society in Neivbury-Port ; ■z.nd that they, as Second Prefty- 
alfo the Proprietors of faid houfes of public worfliip, be, and ^""" ^"""^• 
they hereby are feverally and refpe£lively veiled with all the 
powers, rights and privileges granted to the third and fonfth 
religious focieties in faid town, and to the Proprietors of their 
houfes of public worihip refpeftively, in and by an A61: of 
this Commonwealth, made and pafTed in the year of our Lord 
one thoufand feven hundred and ninety -four, entitled, *' An 
Afb for incorporating the feveral religious Societies m N'eiv^ 
bury-Porty in the county of Ej/lx ;" and faid Adl, lo far as it 
refpecls the faid third and fourth religious Societies, is hereby 
declared to extend, and fliall be confidered as extending to, 
and comprehending the religious Society hereby incorporated, 
and the Proprietors of the houfe in which they attend public 
worihip, as aforefaid, as fully, to all Intents and purpofes, as if 
they had been formed and exilling when faid A6t was pafled, 
and had been therein named, and thereby incorporated. 
[This Act paifed November 24, 1796.] 

An ACT in addition to, and for amendment of the 
A,ft, paff^d the eleventh day of Jime, One thoufand 
feven hundred and niaety-lix, ellablilhing 7'/je Firji 
Mafj'achujetts Turnpike Corporation. 

c I J^E it enacted by the Senate and Houfe of Reprefenta^- 

* * tivesy in General Court ajjembled^ and by the author- 

ity of the fame. That the claufe in the A6t aforefaid, pafTed the 
eleventh day of June, one thoufand feven hundred and nine- 
ty-fix, requiring the turnpike road mentioned in faid Acl to 
be thirty feet wide in every part of it, fo far as refpects the Claufe repeal', 
width ot faid road, be, and the fame is hereby repealed. ed. 

Sect. 2. And be it further enabled by the authority aforefaid. 
That the fame turnpike road fliall be laid out and made by 
the Corporation of fufficient width in every part of it for the Wulth of road. 
accommoJation of the puhhc, and that the open uninclofed 

ground 



IQO WILLIAM CHARLES WHITE. Nov. 25, An.i79(S. 

ground fhall be at leaft three rods wide throughout the whole 
length of it, and the made way and path for travelling fliall be 
of fujflicient width, and not lefs than eighteen feet wide in 
any part thereof. And whereas no provilion is made in faid 
A€t to enforce the payment of fuch taxes as the Corporation 
fhall agree to raife for making and repairing iaid road and 
other neceffary charges : 

Sect. 3. Be it further enaBed^ That whenever any Propri- 
etor fliall neglect or refufe to pay any tax or afleffment duly 
voted and agreed upon by the Corporation, to their Treafurer, 
within fixty days after the time fet for the payment thereof. 
Shares may be the Treafurer of faid Corporation is hereby authorized to fell 
^•"^^ at public vendue, the fliare or fhares of fuch delinquent Pro- 

prietor, one or more, as fliall be fufficient to defray faid taxes 
and the neceffary incidental charges, after duly notifying in 
the Springfield, NorihamptofJ znd Worcefler newfpapers, the fum 
due on any fuch fliares, and the time and place of fale, at leaft 
twenty days previous to the time of fale; and fuch fale fliall be 
a fuiEcient transfer of the fliare or fliares fo fold, to the perfon 
purchafing ; and en producing a certificate of fuch fale from 
the Treafurer to the Clerk of faid Corporation, the name of 
fuch purchafer, with the number of fliares fo fold, fliall be, by 
the Clerk entered on the books of faid Corporation, and fuch 
purchafer fliall be coniidered to all intents and purpofes the 
Proprietor thereof, and the overplus, if any there be, fliall be 
paid on demand by the Treafurer to the perfon wliofe fliares 
were thus fold. 

[This Aft paffed November 25, 1796a] 



An ACT altering the Name of Willia?n W/jite, to the 
Name of Williain Charles White. 



B' 



)E it enocled by the Senate and Houfe of Reprefeniatives, in 
General Court afemhled, and by the authority of the famcy 
That from and after the paffing of this Aft, William White^ of 
Bofovy in the county of Suffolk, fon of William White, of faid 
Bofon, merchant, fliall be, and he hereby is authorized and 
%- 1 J empowered to take, bear and ufe the name of William Charles 
White, and fhall be called and known by that name forever 
hereafter. 

[This Aft paffed November 25, 1796.] 



Au 



SALEM SOCIAL LIBRARY. iv^. 7, An. 1797. loi 

An ACT to amend an Acft, entitled, " An Ad to fet 
off Samuel Hammond, and others, with tlieir Eftates, 
from the Second or Northerly Parlfh in Kittery, 
and to annex them to the Third or Middle Pariih 
in faid Town," pafTed june feventeenth, One thou- 
fand feven hundred and ninety-fix. 

WHEREAS in the faid Aa, Nathaniel Hanfcom, one of Preamble, 
the perfons deligned to be named in the faid Acl, is 
dierein named and called by miftake Nathaniel Hanfon : 

Be it therefore enaEled by the Senate and Houfe of Rcprefent- 
dtives, in General Court ajjembledy and by the authority of the 
fame. That the faid Nathaniel Hanfcom be, and hereby is con- j. h f- 
iidered to be the fame perfon named and called Nathaniel recognized^ " 
Hanfon in the Adi to which this is in addition. 

[This Adl pafled February 7, 1797.] 

An ACT for incorporating certain Perfons by the 
Name of The Proprietors of the Social Library in 
Salem. 

e D^ it enaSied by the Senate and Houfe of Repre~ 

■'--' fentativeSy in General Court affembled, and by the 
authority of the fame, Thiit Edtuard Auguflus Holyoke, Jacob AJJj~ 
ton, Jofeph Hiller, and Edivard Pulling, Efquires, and their af- 
fociates, Proprietors of faid Library, and all fuch as may here- 
after become Proprietors of the fame, be, and they hereby are 
incorporated into a Body Politic by the name of The Proprie- Incorporated. 
tors of the Social Library in Salem, with all the powers and priv- 
ileges incident to Corporations; and may enjoin penalties of May enjoin 
disfranchifement or fine not exceeding y^z^z dollars for each Penalties, 
offence, and make purchafes, and receive fubfcriptions, grants 
and donations of real and perfonal eftate, not exceeding the 
fum of feven thoufand dollars, for the purpofe of their affocia- 
tion. 

Sect. 2. And be it further enaEled by the authority aforefaid. 
That the faid Society be, and they hereby are authorized to af- 
femble at Salem aforefaid, on the Wednefday next preceding 
the laft Wednefday of May In every year, or on any other day 
faid Proprietors fhall appoint, to choofe all fuch officers as hiay q\^^q{^ officers, 
be found neceflary for the orderly conducting the affairs of 
faid Corporation ; who fhall continue until others are chofen 
in their room. And that the faid Corporation may affemble 
as often as they agree for filling up any vacancies which may Fill vacancies 
happen in faid offices, and for tranfadting all other bufinefs, ex- 
cepting aff^ffing and raifing monies, which fhall be done al- 
ways 



I02 HAVERHILL BRIDGE. JF^^. 7, An. 1797. 

ways at fome annual meeting, and at no other time ; at which 

meeting they fhall vote all necelTary funis for defraying the 

annual expenfe of preferving faid Library, and for enlarging 

E. A. Holyokc the fame. And that Ediuard Augujlus Holyche is hereby au- 

10 call firft thorized and empowered to call a meeting of faid Proprietors 

meeting-. ^^ {\xc\\ time and place as he may appoint, by notifying the 

fame in the Salem Gazette ; at which meeting they may enadt 

fuch by-laws and regulations, and choofe all fuch officers as 

they may or can do at their faid annual meeting. 

[This A6t pafled February 7, 1797.] 

An ACT in further addition to an Aft, entitled, 
'' An Adi for incorporating certain Perfons for the 
Purpofe of building a Bridge over Merrimack River, 
£22. I793. in the County of Effex^ and for fupporting the 
fame," paffed March^ One thoufand feven hundred 
and ninety-three. 

WHEREAS the Proprietors of the Haverhill Bridge have 
reprefented to this Court the great coft of building 
faid Bridge, and the inadequate compenfation they derive from 
the prefent toll, and praying for further provilion to be made 
for them : 

Be it enacted hy the Senate and Houfe of Reprefentativesy 
in General Court ajjt:n7bledi and by the authority of the fame y That 
the claufe in the Aft to which this is in addition, eftab- 
Former toll re- li filing the rates of toll, be, and hereby is repealed ; and that 
pealed. |.}^g following rates of toll be, and hereby are eftablilhed for 

New toll eftab- the benefit of faid Proprietors, viz. For each foot pafTenger, 
' ^^ ' one cent ; for each horfe and rider, four cents and five mills ; 

for each additional rider, one cent ,• for each horfe and chaife, 
chair or fulkey, twelve cents and five mills ; for each cart, fled 
or other carriage of burthen, or riding fleigh, drawn by one 
beaft, ten cents ,- for each waggon, cart, fled, or other carriage 
of burthen, drawn by two beafts and not exceeding four, 
iiuelve cents and five mills ,• and each additional beaft above 
four, three cents ; for each riding fleigh, drawn by two beafls, 
fifteen cents ; and three cents more for each additional beafl j 
for each coach, chariot, phaeton, or other four wheel car- 
riage for paffengers, twenty-five cents ,• for each curricle, fev- 
enteen cents ; for each horfe or neat cattle, exclufive of thofe 
rode on, or in carriages, three cents ; for flieep or fwine, one 
cent each ; and to each team, one perfon and no more fhall 
be allowed as a driver, to pafs free of toll •, for each wheel- 
barrow or hand-cart, with one perfon, three cents. And at 
all times when the toll-gatherer fhall not attend his duty, 
the gate or gates iliall be left open. Provided neverthelefsy 

Th»t 



BOUNDARY LINE, &c. Feb. 7-9, An. 1797. IC3 

That after thirty years from the paffing the Adl to which this Duration, 
is in addition, the rates of toll Ihall be lubjeft to the regula- 
tion of the Legiflature of this Commonwealth ; any thing 
in any former A£l to the contrary notwithftanding. 
[This Aft pafled February 7, 1797.] 



An ACT eftablifhing the Boundary Line between 
the Town of WilHamJhurgh, and the Towns of Chef' 
terfield and Gojhen. 

T)£ it enaEled by the Senate and Houfe of ReprefentativeSj in 
General Court nfemhled^ a7id by the authority of the fame^ 
That the A£l pafTed the twenty-fourth day oijune^ A. D. one 
thoufand feven hundred and ninety-five, eftablifliing faid 
boundary line, be, and the fame hereby is repealed \ and that 
the north-weft corner of the town of WiUiamfurgh fhall be 
at a beach tree, marked H. F. and D. F., ftanding about fif- 
teen rods fouth of Samuel Motfs houfe, in the town oiGoJJjen ; 
and that the dividing line between faid town of Williamf- 
burgh and the towns of Gojhen and Chef erf eldy fhall be a line 
running from the aforefaid corner, parallel with the eaft line ^' ^- ^oun<li*'= 
of the faid town of William/burgh y until it fi:rikes the north ^^* 
line of the town oi Northampton. 

[This Aft pafled February 7, 1797.] 



An ACT to incorporate Chandler Rohhins and others, 
for the Purpofe of conveying Water in the South 
Parifti in the Town of Hallowell. 

Sect i P"^ ^'^ enaEled by the Senate and Houf of Reprefenta- 
-^ tives, in General Court ajfembledy and by the authority 
of the fame i That Chandler RobbinSy Jeremiah Dummery Benjamin Perfons ineof- 
Poor, Jofma Wingate^ and Samuel Carr^ all of Hallo%velli in the por"ed. 
county of Lincoln^ and fuch other perfons as are or may be af- 
fociated with them, be, and they and their fuccefTors hereby 
are conftituted a Corporation, by the name of the Proprietors 
of the Aqueduft in Hallowell^ for the purpofe of conveying 
water by pipes in fuch parts of the faid South Parifh in {aid 
town of Halioivell, as they may judge expedient : Provided 
however. That nothing in this Aft contained, ihall authorize 
faid Corporation to enter upon or ufe for that purpofe the 
land of any perfon, without licenfe therefor firft had and ob- 
tained of the owners or Proprietors of fuch land. 

Sect. 2. Be it further enacled. That any three of the per- 
fons above-named may, by notifications to be pofted at the Firft meeting 
refpeftive dwelling-houfes of Robert Randall and Jonathan how to be call* 

Kinfman ^ ' 



104 IIALLOWELL AQUEDUCT. Feh.g,An.iygf. 

Kinfman in faid Halloivelly call a meeting of faid Proprietors^ 
to be holden in faid Hallowell^ at any fuitable time and place, 
feven days at leaft after pofting fuch notifications. And the 
faid Proprietors, by a major vote of thofe prefent or repre- 
fented, as is hereinafter provided, at faid meeting, accounting 
one vote to each Iharcj fliall choofe a Clerk, agree upon 
the mode of calling future meetings of the faid Proprietors, 
Officers to be ^nd may alfo elecl any other officers which to them may be 
' ° ^"' deemed neceflary for carrying into efFeft the objedt of their 

incorporation. And the faid Proprietors, at the fame or any 
fubfequent meeting of the Corporation, may enjoin and order 
fines and penalties for the breach of any of their rules and by- 
laws, not exceeding thirteen dollars for any one breach. And 
... all perfons appearing at any of faid meetings to reprefent 

proxies. ^^^7 of the faid Proprietors, Ihall have therefor an appoint- 

ment in writing, figned by the perfon to be fo reprefented, 
which fhall be filed with or recorded by the Clerk of the 
Clerk's duty. Corporation, whofe duty it fhall be fairly and truly to enter 
and record, in a book or books to be for that purpofe provid- 
ed and kept, this Aft, and all the rules and by-laws, votes and 
proceedings of faid Corporation ; which faid book and books 
fhall at all times be fubjeft to the infpedlion of any perfon or 
perfons for that purpole appointed by the Legiflature. And 
the Clerks of faid Corporation fhall be fworn by a Juftice 
of the Peace of the faid county of Lincoln^ to the faithful 
difcharge of the duties of their faid oilice. 

Sect. 3. Be \t further enacted, I'hat the faid Proprietors 

Corporation be, and they are hereby authorized to enter on, and to dig 

may dig up ^p ^xiTj highway or town road, for the purpofe of placing 

»g way, c. ^^^^y^ pipes as may be neceffary to complete fuch Aquedudl, 

or of repairing the fame when requilite : Provided hoivever. 

That they in no cafe obftru6l the pafTing of fuch perfons 

as may have occaflon to ufe fuch road or highway. 

Sect. 4. Be it further enaFied^ That the mode of trans- 
Transferred ferrlng fliares in faid corporate property fliall be by deed, 
Clares. acknowledged before lome Juftice of the Peace, and recorded 

by the Clerk of faid Proprietors in a book to be kept for that 
purpofe. And when any Ihare or fliares in faid property fhall 
Cafe of attach- be attached on mcfne procefs., in addition to the legal fervice on 
the defendant, an attefted copy of flich procefs fhall, at the 
time of the attachment, be left with the Proprietor's Clerk ; 
otherwife fuch attachment fhall be void. And fuch fbare or 
fhares may be ibid on execution, or warrants for the collec- 
tion of taxes, in the fame manner as is or may be provided by 
law for the fale of perfonal property ; the officer making the 
fale to leave an attefled copy of fuch execution or warrant, 
and of his return thereon, with the Clerk of the Proprietors, 
within ten days after hich fale ; otberv,'ife the fale to be void. 

Sect. 



mcnt. 



BRIDGEWATER ALEWIVES. Feb.io.Kn.iyg'j, 16$ 

Sect. 5. Be it further enaBed^ That any psrfcn or perfons, 
injuring the pipes of faid Aquedu£l, or in any way and man- 
ner obftructing or injuring the water conveyed therein, 
fhall be fubjeft to the fame penakies as are provided and Penalties for 
enafted in the fecond fefllon of the Adl, entitled, « An Aa "'J"""o P'P"' 
for the more effectually preventing of trefpalfes in divers 
cafes," paffed the twenty-third day of November, in the year of 
our Lord one thoufand feven hundred and eighty-five ; and 
-fhall alfo be further liable to make good all damages fo done 
to the faid Proprietors. 

[This Act pafled February 9, 1797.] 



An ACT for regulating the Alewive Fifhery in the AdditJonal 
Town of Bridgewatcr^ in the County oi Plymouth, Afts, March 7, 
and for repealing all Laws heretofore made for ,8oz! ^ * 
that Purpofe. 

« T}E it enaBed by the Senate and Houfe of Reprefenta- 

■*^ dveSf in General Court ajjembledy and by the author- 
ity of the fame. That all laws heretofore made for regulating the 
alewive fifhery in faid BriJveivntery be, and they hereby are 
repealed : And it fhall and may be lawful for the faid town of 
Bridgeivater, at any legal meeting of the inhabitants of faid town, i,^^thc°akfnar 
to choofe a Committee to fell or otherwife difpofe of the privi- of alcwivcj. 
lege of taking faid fifh, as the tow^n Ihall direct, at the feveral 
•wears in faid town, or either of them, for the moft it will fetch, 
on the days following, viz. At the wear by the tov>m mills, fo 
called, on Mondays and Tuefdays in each week \ at the Great 
River mills, fo called, on Wednefdays and Thvirfdays in each 
week ; and at the Vv'ear by lVhitman\ mills, i{b called, on Mon-. 
days, Tuefdays and Wedneidays in each week j and the emol- 
uments ariling from faid privilege flaall be appropriated by faid 
town, to fuch parpofes and ufes as the inhabitants thereof fliall, 
in legal town meeting, from time to time determine. 

Sect. 2. And be It further enaBed, That if the purchafer or 
purchafers, manager or managers, or thofe employed by them, 
Ihall prefume to take any of the iaid lilh, at any other time or Not to be tak« 
place in faid town than is in this A^: provided, and if any other *^." ^* improper 
perfon or perfons whatever, except the purchafer or purchafers, ' 
manager or inanagers of faid privilege, or thofe employed by 
them, fliall prefume to take or catch any of faid fidi, in any of ""i" .^y -armx- 
the rivers or ftreams within the boundaries of iaid town, he or f„^"^^ ^^'^' 
they fo offending Ihall for each offence forfeit and pay a ilim not 
exceeding thirteen dollars, nor lefs than one dollar, at the dif- 
cretion of the Juftice before whom the fame fhall be tried. 

Sect. 

Vol. IL O / 



Penalty for ex- 
tortion. 



Committee to 
be appointed to 
keep the 

ftreams free of 
obftrudion. 



io6 BRIDGEWATER ALEWIVES. f^^.io, An.i/p;* 

Sect. 3. And be it further enaBed, That if the fald purchafer 
or purchafers, manager or managers of faid privilege, fhall, when 
in his or their power, negledl or refufe to fupply any perfon or 
perfons with faid fifh, who may apply therefor, at the rate of 
twenty-five cents for a hundred of faid fifh, he or they fo of- 
fending fliall, for each offence, forfeit and pay the fum oi Jive 
dollars ; and if any perfon or perfons fhall alk, demand and 
receive more than twenty-jive cents for a hundred of faid fifli, 
and fo in that proportion for a greater or lefs number ; he or 
they fo offending fnall, for each offence, forfeit and pay the 
fum oijive dollars. 

Sect. 4. And be it further enaBed^ That the faid town of 
Bridgewater fhall, at their annual meeting in March or Aprily 
choole a Committee not exceeding nine nor lefs than three free- 
holders of faid town, who fhall be fworn to the faithful difcharge 
of the duties enjoined upon them by this A(5l : And it fhall be 
the duty of faid Committee to caufe the natural courfe of the 
rivers, paffage-ways or Itreams through which the faid fifli pafs, 
to be kept open and without obflruclion during the whole time 
the faid fifh pafs up in faid rivers, paffage-ways and ftreams in 
each year, and to remove any fuch as fhall be found therein ; 
and to make the faid paffage-ways wider or deeper, if they or 
the major part of them fliall judge it neceffary ; and the faid 
Committee, or any two of them, paying a reafonable compenfa- 
tion therefor, if demanded, fliall have authority (in difcharging 
the duties enjoined upon them by this A£l) to go on the lands 
or meadows of any perfon through which fuch rivers, paffige- 
ways or ftreams run, or into any mill, forge or other water- 
works on faid rivers or flreams, without being confldered as 
trefpaffers ; and any perfon who fhall moleft or hinder the faid 
Committee, or either of them, in the execution of the bufmefs 
of his or their office, or fliall obftruiSt any paffage-way in the 
faid rivers or flreams, othervvays than may be allowed by the 
faid Committee, or a major part of them, he or they fo offend- 
ing fliall forfeit and pay, for every fuch offence, a fum not 
exceeding ten dollars nor lefs than one dollar^ at the difcretion of 
the Juftice before whom the fame fhall be tried. Provided 
neverthelefsy That nothing in this A61 ihall be confldered as 
authorizing faid Committee to injure the Proprietor of any mill 
or water-Avorks, further than is neceffary in order to give the 
fifh a good and fufficient paffige up faid rivers. 

Sect. 5. Be it further enabled, That it fliall be the duty of 
the faid Committee to profecute all breaches of this AcSt, and for 
any two of them to feize and detain in their cuftody any net 
which may be found in the hands of any perfon ufmg the fame 
contrary to the true intent and meaning of this A61, until the 
perfon fo offending makes fatisfa6lion for his offence, or is 
legally acquitted therefrom. And that each and every perfon 

who 



Authority. 



Penalty for im- 
peding them. 



To profecute 
for breaches of 
this Ad. 



LANCASTER AQUEDUCT. F^^. 14, An. 1797. 107 

who fliall be chofen on the Committee, purfuant to this A£l, 
ihall, within iix days after his being notified by a Conllable ^^ ., , 
of fuch choice, take the following oath before fome Juftice of oath. 
the Peace for the county of Plymouth, or the Clerk of faid town 
of Bridgewater) who is hereby authorized to adminifter the 
fame, viz. 

You, A, B. being chofen one of the Committee to infpedl 
^e alewive filhery in the town of Bridgeivater, for the year 
enfuing, do folemnly fweaf that you will faithfully difcharge the 
duties of faid office, and duly profecute all breaches of the law 
refpe£ling faid fifhery, that ihall come to your knowledge. So 
help you GOD. 

And that if any perfon chofen one of the faid Committee, 
and notified as aforefiid, fliall neglect to take the foregoing 
oath for the fpace of fix days after his being fo notified, he fhall 
forfeit and pay the fum oijive dollars, to be recovered by aftion Penalty for ne- 
of debt, in any Court proper to try the fame *, one moiety there- ^^^j^ oa^h'''^ ^ 
of to be applied to the ufe of the faid town of Bridgeivater, the 
other moiety to the perfon or perlbns who fhall fue for the 
fame. 

Sect. 6. Be it further enaBed, That all the penalties incur- Penalties how 
red by any breach of this Aft, fhall be recovered by complaint, to be recover- 
before any Juftice of the Peace within and for the county of *^'^' 
Plymouth aforefald, allowing an appeal to the Court of General 
Seflions of the Peace of faid county ; and all fums of money 
recovered to the town as forfeited by this Aft, fhall be for the Appropriated, 
fupport of the poor of the town of Bridgeivater aforelaid : And 
no perfon by realbn of his being one of the faid Committee, or 
an inhabitant of the faid town, Ihall thereby be difqualified from 
being a witnefs in any profecutions for a breach of this Aft. 
[This Aft palled February lo, I 797.] 

An ACT to incorporate certain Perfons in the Town 
of Lancajler, for the Purpofe of conducting Water 
from the Springs at and about Ouaffaponikin Hill, 
fo called, to Inhabitants in a Part of the Town call- 
ed the Neck. 

c TiE it enaEled by the Senate and Houfe of Reprefetita- 

*^ ' ' -*-' fives, in General Court ajfembled, and by the author- 
ity of the fame. That Eli Stearns, Jofeph White, Jonas Lane, pe^fons mcor- 
Samuel Jones, and ^bijah Phelps, with fuch others as are or porated. 
may be joined or alTociated with them or their fuccefTors, be, 
and they hereby are conflituted a Corporation, by the name of 
The Proprietors of the Aqueduct in Lancaferyznd by that name 
may fue and be fued :• Provided, That nothing in this Aft fhall 
authorize the faid Proprietors to enter on or make ufe of 
private property without confent of the owner. Sect. 



ip8 ADDISON, . /'f^. 14, An. 1 797, 

Sect. 2. And be it further enacfed. That faid Proprietors, 
-- to clioofe a ^^ ^^^ meeting warned us by this A& is (or as by the faid Pro- 
^r olFiccis. ' prietors in legal meeting ihall be) dire<5led, may ele«St and choofq 
a Clerk and other officers proper for a Corporation to choofe 
and have for effe<n:ing the objedl of their incorporation. And 
the Clerk fo chofen (Ixall be duly fvvorn, and fliall make true 
record of all the votes, acts and doings of the faid Corporation. 
And the faid Proprietors, in meeting as aforefaid, may make 
any rules, regulations or by-laws refpedling the calling and gov- 
erning the meetings and ordering the tranfaftions and concerns 
of the faid Corporation, and the welfare and intereft of the 
Corporation fame, which they may think expedient, and impofe any fines 
inay impofe and. forfeitures not exceeding ten dollars^ and levy the fame in 
'" due courfe of law : Provided altuays^ That tlic faid rules, regu- 

IVovifa. lations and laws aforefaid, fhall i:iot be repugnant to the Conlli- 

tution or laws of the Commonwealth. And any three of the 
perfons before nair^ed may call thQ lurft meeting of the faid Pro- 
■ prietors, to be holden in faid Lnncajler^ at any fuitable time and 
place, feven days after notification thereof is ported up at the 
meeting-houfe, or feme other public place in the faid town. 
Sect. 3. And he it further enacted., That the faid Proprie- 
— may dig up tors may dig up any public or town way, for conduiSling water 
public ways, as aforefa^d, provided they do not obftruct the rightful ufe of 
Trovlfo. the {'MTif', And any perfon wilfully injuring the faid At^uedu*^. 

Pen-It for ^^'''^- ^^ fubjedl to the faixke pains and penalties as are provided 
d-aning[ng '^^ i« the fccond fedlion of the A<^, entitled, " An Acl for the 
Aqucdiid. more effectually preventing of trefpafies in divers cafes, and, 
ihall alfo be liable to make good all damages fo done to the fai4 
Aquedu£i: or Proprietors. 

[This Act palTed Fehvua;y 14, 1797.] 

An ACT to incorporate the Plantation Number Six, 
Weft of Mach'uu^ in the County of Wq/hingion, inta 
a Town by the Name of Addifon. 

^ JDE it enaSfed by the Senate and Hotife of-Reprefenta- 

*■ ' • • -^ iives^ in General Court ajfembledi and by the author- 
ity of the fanuy That the plantation Number Six, weft of Ma- 
Sonndarks m- /hiaSj in the county of Wapyrngton., beginning at the wcfi; fide of 
c»rporated. ^^ mouth of hidian River ; thence ininning a northerly courfe, 
bounded by the faid river, to the fouth-callerly corner of the 
town of Columbia ; weft bounded on faid town of Columbia to 
the north-eafterly corner of plantation Number Five ; thence 
fouth to Pleafant River ; tlience down faid river and round the 
Hiore following the courle thereof to the firft mentioned bounds, 
{o as to include all the ifi.mds contained within tlie lines de- 
scribed on the plan of NmXiber Sii:, drawn by Of^ocd Carktony 

arid 



PLYMOUTH AQIJEDUCT. P^^. 15, An. 1797. 109 

and depofited in the Secretary's office, together with the inhab- 
itants within laid Unes and on laid iflands, be, and hereby are \, 
incorporated into a town by the name of Add'ijon ; with ail the 
privileges and immunities whicli other towns in this Common- 
wealth do or may pofTefs or enjoy. 

Sect. 2. And be it further etiacled by the authority aforefaidy 
That Daniel Merrit, Elq. he, and he hereby is authorized and D. Merrit.Efq. 
directed to ilTue his warrant to fome principal inhabitant of the '" "^^ .'^'"^ 
faid town of Addifon, requiring him to warn the inhabitants ^^^^ '"^' 

thereof to aiTemble at fome proper time and place, to be ex- 
prelTed in laid warrant, for the purpoie of choofmg fuch town 
officers as towns are by law empowered to choofe in Alarch or 
April annually. 

[This A£l pafled February 14, 1797.] 

An ACT to incorporate Jojhua Thomas^ Efq. and 
others, for the Purpofe of conveying f'refh Water 
by Pipes in the Town of Plymouth, 

« T)E it enacted by the Senate and Houfe of Reprefent' Incorporatinj 

* -^ atives, in General Court affcmbled^i and by the au- '^^^"'^• 
Ijhority of the fame ^ That fofljua Thomas^ William Dwuis, James 
Thacherj William Goodwin, and Nathaniel Rujfcll, all of Plym" 
euthy in the county of Plymouth, and fuch other perfons as are , 

or may be alTociated with them, be, and they and their fuccef- 
fors hereby are conftituted a Corporation, for the purpofe of 
conveying water by fuhterraneous pipes in the town of Plymouth, 
by the name of The Proprietors of the Plymouth Aqueduct ,- and 
by that name may fue and be fued, and do and fuffer all matters, 
acls and things, which bodies politic may or ought to do and 
fuffer. 

Sect. 2. And be it further enacted. That any three of the Firft niecting 
perfons above-named may, by notification to be pofted at the '^"^ tobecaU- 
dwelling-houfc of Thomas Withrell in faid Plymouth, call a meet- 
iing of the faid Proprietors, to be holden in faid Plymouth, on 
any fuitable time, feven days at leaft after pofting fugh notifica- 
tion ; and the faid Proprietors, by a major vote of thofe prefent 
or reprefented (as is hereinafter provided) at faid meeting, aC'^ 
counting one vote to each fliare, lliall choofe a Clerk, agree up- 
on the mode of calling future meetings of the faid Proprietors, 
at the fame or any fubfequent meeting ; and may alfo eledt 
any other officers which to them may leem necefTary, for carry- 
ing into effect the object of their incorporation \ and may make 
and eftablilh any rules and 'regulations that fliall be convenient 
and necefFary for regulating the concerns of the faid Corpo-s- 
ration, and the fame rules and regulations may caufe to be kept 
and executed ; and for the breach of any of them may order 
and enjoin fines and penalties, not exceeding thirteen dollars for 

any 



jio PLYMOUTH AQUEDUCT. /v^ 15, An. 1797. 

any oiie breach : Providedj That faid rules and regulations be 
not repugnant to the Conftitution or laws of the Common- 
wealth ; and all perfons appex'ing at any of faid meetings to 
reprefent any of the faid Proprietors, fhall have therefor an ap- 
pointment, in writing, figned by the perfon to be {o reprelented, 
■which fliall be filed with, or recorded by the Clerk of the Cor- 
poration ; whofe duty it fhall be fairly and truly to enter and 
record in a book or books to be for that purpofe provided and 
kept, this Acl, and all the rules, by-laws, votes and proceedings 
of the faid Corporation ; which book and books fliall at all 
times be fubject to the infpeftion of any perfon or perfons for 
that purpofe appointed by the Legiflature ; and the Clerk of 
faid Corporation flaall be fworn by a Juftice of the Peace of the 
faid county of Plymouth to the faithful difcharge of the duties 
of his office. 

Sect. 3. Be it further enaBed^ That the faid Proprietors be, 
and they hereby are authorized to convey v/ater by fubterrane- 
ous pipes as aforefaid, from any part of the Totun Brook^ fo call- 
ed, in the faid town of Plymouth, into and through any way and 
ftreet in faid town, and may enter upon and dig up any highway 
or town-way for the purpofe of finking and repairing fuch pipes 
as may be neceiTary for the purpofe aforefaid : Provided, That 
they do not thereby impede the pafling of travellers : j^nd pro- 
vided alfo, That nothing in this A£l fhall authorize the faid 
Proprietors to enter on and make ufe of private property with- 
out confent of the owner. 

Sect. 4. Be it further enatled. That the faid Corporation 
fli.iU have power from time to time to make afTefTments on the 
flrares in faid AQuedu6l, of fuch fums of money as the Corpora- 
tion fhall deem to be neceiTary \ and on negledl or refufal to pay 
luch alTeiTments, to caufe delinquent fhares to be fold at public 
auction for the payment, after advertifing in two public places 
in faid town of Plymouth, ten days previous to the fale ; paying 
the overplusj if any there be, after the payments of luch afTefT- 
ments, and charges of fale, to the owner or owners of the fliare 
or fiiares fb fold. 

Sect. 5. Be it further enaElcd, That all contracfls made by 
tlie faid Corporation for fupplying any of the inhabitants of 
f lid town, or any other perfon with water from the faid Aque- 
du6l, fhall be mutually binding on both parties, and that a^hons 
may be fupported thereon. 

Sect. 6. Be it further enaEled, That the mode of transfer- 
ring fliares in faid corporate property fhall be by deed, ac- 
knowledged before a Juftice of the Peace, and recorded by the 
Clerk of laid Proprietors, in a book to be kept for that purpofe ; 
and when any fliare or fhares of faid property fhall be attached 
on mcfns procefs, an attefted copy of fuch procefs fhall, at the 
tiijue of the attachment, be left with the Proprietor's Clerk -, oth- 

erwife 



Authorized to 
convey water. 

To dig up high- 
ways, &c. 



ProvLfa. 



To make 
feflinents. 



af- 



To fell delin- 
i^uem ihares. 



6»ntrat5» to be 
mutually bald- 
ing. 

Transferring 
fhares. 



Cafe of attach- 
zacnt. 



LAND IN ADAMS. F^5. 15, An.1797. m 

erwifc fuch attachment Hiiall be void, and fuch fhares may be 
fold on execution in the fame manner as is or may be by law 
provided, for the lale of perfonal property by execution ; the 
officer making the fale, leaving a copy of the execution, and of 
his return on the fame, with the Clerk of the Proprietors within 
ten days after fuch fale. 

Sect. 7. Be it further enaSfed, That any perfon injuring 
the faid Aqueduct, fhall be fubje£l: to the fame penalties as are Penalty for In- 
provided in the fecond feftion of the Aft, entitled, « An AOi for j"''j"S ■^'l"'* 
the more effeftually preventing of trefpaffes in certain cafes," paff- 
ed the twenty-third day of Novembery in the year of our Lord 
one thoufand feven hundred and eighty-five, and fhall alfo be 
liable to make good all damages fo done to the faid Proprietors. 
[This Aft pafled February 15, 1797.] 



An ACT confirming the Title of the Rev. Samuel 
Todd, and thofe holding under him, to certain Lots 
of Land in the Town of Ada?m. 

WHEREAS by the grant of the tOA^mfhip of Adams to the pre,.-nblc 
original Proprietors, there was referved one lixty-third 
part of faid townfliip to become the abfolute property of the 
jfirft fettled minifter in faid town, and by the memorial of the 
inhabitants of laid town it is reprefented, that after the afore- 
faid grant was made, the late Rev. Samuel Todd was fettled and 
ordained in the work of the miniftry in faid town, and went 
into poffeffion of lot No. Sixteen in the weft range, containing 
one hundred acres, and lot No. Forty-eight in the fecond divi- 
lion of lots, containing two hundred acres ; which were laid out 
for the minifterial lots, and that he afterwards fold and conveyed 
the aforefaid lots, fince which time doubts have arifen whether 
the faid Samuel Todd was fo legally fettled that the property of 
the aforefaid lots of land was according to the meaning and in- 
tent of faid grant, vefted in him : 

Be it therefore enatted by the Senate and Houfe of Reprefenta- 
fives y in General Court affernbled^ and by the authority of the famey 
That the title of the late Rev. Sa?nuel Todd to the aforefaid lots 
of land in Adams, and of the feveral perfons claiming or hold- 
ing the fame imder him, be, and the fame hereby is confirmed ; Title confirm* 
any want of regularity in the proceedings of the fettlement of ^'^• 
the faid Tod'i/ notwithftanding. 

[This Aft pafTed February 15, 1 797.] 

An 



112 WILBRAHAM AQUEDUCT. Feb.20, An.iygy. 



boundaries. 



Firft meeting. 



An ACT to incorporate a Town in the County of 
Berk/hire by the Name of Savoy. 



Sect. 



73ii it cnaBt'd by the Senate and Houfe of Reprefenta- 
■^ tives, in General Court ajpinbledy and by the author- 
ity of the famey That the lands contained in the following de- 
fcription, viz. Beginning at the fouth -weft corner of i/rtw^y, and 
running from thence north eighteen degrees eaft, two thoufand 
and flxty rods to Colerain, fo called, thence on the line of the 
channel of faid river twelve hundred and forty-five rods to the 
line of Barnardjhn Grant) thence on faid line north eighty-two 
degrees weft, feven hundred and eighty rods to the line of Ad- 
amsy thence on the faid line fouth ten degrees weft, one thou- 
fand and fixty rods, thence north eighty degrees weft, two hun- 
dred and forty rods to the line of Chifhircy thence on faid line 
fouth three degrees eaft, four hundred and forty-fix rods to a 
ftaddle and ftones, thence fouth forty-feven degrees weft, three 
hundred and thirty rods to the line of IFindfory thence fouth 
feventy-two degrees eaft, feventeen hundred and twenty-three 
rods to the firft mentioned boundary, together with the inhabit- 
ants thereon, be, and they hereby are incorporated into a town 
by the name of Savoy^ w^ith all the powers, privileges and im- 
munities of other towns in this Commonwealth. 

Sect. 2. And be it further enaEledy That Ifrael foneSy Efq. 
be, and he hereby is authorized and dire£l:ed to ifiiie his war- 
rant to fome principal inhabitant of the faid town of Savovy re- 
quiring him to warn the inhabitants of the faid town to meet 
at fuch time and place as fhall be appointed in faid warrant, to 
eledl fuch officers as towns are by law empowered to elect in 
the month of March or April annually. 

[This Ad pafted February zo, I797-] 



An ACT to incorporate Sa?nuel Fifn Merrick, and 
others, for certain Purpofes therein mentioned. 

„ jnE it enaEled by the Senate and Houfe of Reprefenta- 

■'-' tivesy in General Court affembledy and by the author- 
ity ofthefamey That Samuel Fijh Aderricky Gideon Bnrty Jonathan 
Perfons incor- Merricky S'jlomon Warrinery Jafon Chapiny Joel Lymany James 
poratcd. Hammony Mcfes Warrinery jun. Mofes Bnrty JVillinm Brewer ^ 

Nathan Ainfivorthy John Adams y AuguJlus Sifon y?i\\ of JVilbra- 
haiUy in the county of Hampfljire, and fuch other perfons as are 
or may be aftbciated with them, be, and they and their fuccefixjrs 
hereby are conftituted a Corporation, by the name of The Pro^ 
prictors of the AqueduB in Wilbrahamy for the purpofe of convey- 
ing water by pipes into fuch parts of the laid town of Wilbraham 
as they may judge expedient. Provided however y That nothing 

in 



WILBRAHAM AQUEDUCT. fe. 20, An. 1797. 113 

in this Aifl contained fliall authorize faid Corporation to enter 
upon or life for that purpofe the land of any perfon, without 
Hcenfe therefor firfl: had of the Proprietors of fuch land. 

Sect. 2. And be it further enaciedy 'That any three of the 
perfons above named may, by notification to be pofted at pjrft meeting 
the dwelhng-houfe of Jonathan Merrick, in faid Wilhrahajn, call 
a meeting of the faid Proprietors, to be holden in faid Wilbra- 
hanty on any fuitable time, feven days at leaft after polling fuch 
notification ; and the faid Proprietors, by a major vote of thofe 
prefent or reprefented, as is hereinafter provided, at faid meet- 
ing, accounting one vote to each fliare, fhall choofe a Clerk, 
agree upon the mode of calhng future meetings ol the faid Pro- 
prietors, and may alfo eleft any other officers which to theni 
may feem necelTary for cari'ying into effe6l the objedl of their 
incorporation •, may enjoin and order fines and penalties for the 
breach of any of their rules and by-laws, not exceeding thirteen 
dollars for any one breach ; and all perfons appearing at any of 
faid meetings, to reprefent any of the faid Proprietors, (hall have 
therefor an appointment In writing, figned by the perfon to be 
fo reprefented, which Ihall be filed with or recorded by the 
Clerk of tlie Corporation ; whofe duty it fhall be fairly and 
truly to enter and record, in a book or books to be for that pur- 
pofe provided and kept, this Aft and all the rules, by-laws, 
votes and proceedings of the faid Corporation ; which book and 
books fhall at all times be fubjecl to the infpeftion of any per- 
fon or perfons for that purpofe appointed by the Legiflature : 
And the Clerks of f^iid Corporation fliall be fworn by a Juftice 
of the Peace of the faid county of Haui^JJ:irey to the faithful 
difchsrge of the duties of their oflice. 

Sect. 3. Be it further en'aBedy That the faid Proprietors 
be, and they hereby are authorized to enter on and dig up any ^ay <Jig uj> 
highway or town road, for the purpofe of placing fuch pipes as '^ ^^^1'^ ^cc, 
may be necefiary to complete faid Aqueduft, or of repairing the 
fame vv'hen rcquifite. Frovidedy They in no cafe obftrudl the P^°vif«. 
palling of fuch perfons as may have occafion to ufe fuch road 
or highway. 

Sect. 4. i?^ /V y/^r//!)^r t7:^^'f7r^. That the mode of transfer- 
ring lliares in faid corporate property, fhall be by deed, acknowl- ^^^^^ ^"^^ 
edged before a Jufiilce of the Peace, and recorded by the Clerk 
of faid Prgprletors, in a book to be kept for that purpofe ; and 
when any (hare or fhares of faid property flhall be attached on C?.fe of attach- 
niefie procefsy an atteiied copy of fuch procefs fliall at the time n^"''- 
of the attachment be left with the Proprietors' Clerk, otherwife 
fuch attachment fliall be void ; and fuch fliares may be fold on 
execution, in the fame manner as is or may be by law provided 
for the fale of perfonal property by execution ; the officer mak- 
ing the fale, leaving a copy of the execution, and of his return 

on 

Vol. II. P 



114 HARRINGTON. Feb. 20, Aw.i'^^j, 

on the fame, with the Clerk of the Proprietors, within thirty 
days after fuch fale. 

Sect. 5. Be it further etiaBed, That any perfon Injuring falJ 
Aquedu(Sl, (hall be fubjeft to the fame penalties as are provided 
Aquodud be jn the fecond feaion of the Aft, entitled, « An Ail for the 
mg injur>. , j^Qj-g efFcftually preventing of trefpaiTes in divers cafes," pafTed 
the twenty-third day of November, m the year of our Lord one 
thoufand fcven hundred and eighty-five •, and fhall alfb be lia- 
ble to make good all damages fo done to the faid Proprietors. 
[This Aft paffed February 20, 1797-] 

An ACT to divide the Town of HalloweJI, in the 
Name altered County of Lincoln, into two Towns, and to incor- 
(hv Act June porate the northerly Part thereof into a Town by 

9-. 797,) to fi XT r rr • , '' 

Augufta. the Name or narringion. 

(, T)E it enaBed by the Senate and Houfe of Reprefenta- 

■^ tives, in General Court afembled, and by the author^ 
ity of the fame. That the town of Halloiuell, in the county of 
Hallowell di- Lincoln, be, and the fame hereby is divided into two feparate 
tided. a^j-,^ diftinct towns ; and the northerly part thereof, bounded as 

follows, viz. Beginning at the north-weft corner of the faid town 
of Hallowell, thence running eaflerly on the north boundary 
line thereof, to the north-eafl corner of the fame town ; thence 
running foutherly on the eaft boundary line thereof, to the line 
dividinsj the middle and fouth parlflies in faid Hallowell ; thence 
rlinning wcfierly on the line dividing fiid pariihes until it ftrikes 
the public road which leads from faid fouth parifh to Winthrcp ; 
thence running north-north-eaft to the northerly line of lot No. 
1 wo, in the feconci range of lots weft of Kennebeck River ,■ 
thence running weft-north-weft to the north-weft corner of lot 
No. Three, in the third range ; thence running north-wefterly 
a ftraight courfe to the fouth-eaft corner of lot No. One Hun- 
dred and Two ; thence running weft-north-weft to the fouth- 
weft corner of lot No. One Hundred and One ; thence running 
northerly on the wefterly iide of the laft mentioned lot, to the 
north-weft corner of the fame ; tlience running welt-north-weft 
to the wefterly boundary line of faid Hallowell ; thence running 
northerly on the wefterly line of faid Hallowell to the bound 
iirft mentioned, together with the inhabitants thereon, and alfo 
Nathaniel Floyd with his eftate, be, and the fame hereby are 
incorporated into a diftindl and feparate town, by the name of 
Harrington In- Harrington, with all the powers, privileges and immunities 
corporatcd. which other towns within this Commonwealth do or may by 
law enjoy. 

Sect. 2. Be it further enacfcd. That until a new general 
valuation fliall be taken, the State taxes which maybe required 

of 



HARRINGTON. Feb. 20, An.iygj, 115 

of fald towns fliall be levied on and paid in equal moieties by Taxes to be 
faid towns of Hallo%uell and Harri?igtj7i. ' P=>''.1 .'" equal 

Sfxt. 3. Be it further aiaBed, That the inhabitants of the "'0"=tie8. 
faid town of Harrhizton fliall pay all their arrears of taxes which 

I .T- .-r' I 1 1 -1 1 Debrs due or 

have been alTelied upon them, together witJ: an equal proper- p^^,;,,^ ^^ j^^ 

tion of all debts now due and owing from the laid to^vn of jointly paid or 

Halloivcll^ and fhall be entitled to receive an equal proportion received. 

of all debts and monies now due and owing to the faid town of 

Halloiuell. And faid towns refped^tively fliall be entitled to an 

equal proportion of a lot of land voted by the Proprietors of 

the Kennebeck purchafe to the town of Hallo^vel!, for the ufe ot 

the miniftry in faid town. Provided aliuays. That nothing in ProvIIo. 

this Adl contained fl;iall extend, or be conftrued to extend to 

deprive either of faid towns of their right to a juft proportion 

of all public property belonging to faid towns, which by lav/ 

they were entitled to at the time of the paffing of this A£k^ 

Sect. 4. Be it further enacled. That the inhabitants of the 
faid towns of lialloivell and Harritigtoti, fhall be chargeable in 
equal proportions with the expenfe of fupporting the poor which ^'^P^'^'^. ^^ 
at the time of paffing this Act were the proper charge of the portioned, 
town of Halloivell. 

Sect. 5. Be it further enaBed, That nothing in this Acl 
contained fliall extend, or be conftrued to extend to deprive inhabitants not 
any of the inhabitants of either of faid towns of Halbitjell and to be deprived 
Han ingio/i, vfho have taken the benefit of an A€i dividing the '>f certain priv- 
town oi Halloii-'ell into three parifhes, made and paflfed the four-' ^^""^ 
teenth day of June^ in the year of our Lord one thoufand {Q.vQ.n 
hundred and ninety-four, of any rights, privileges or immunities 
which they now enjoy by force of the fanie Adl. 

And whereas the Courts of Common Pleas, Courts of Gen- 
eral Sellions of thfe Peace, and Supreme Judicial Courts, have 
heretofore been holden in that part of the tov/n of Halloiuell 
which is hereby incorporated : And whereas the general con- 
venience of the county and the accommodation of laid Courts 
may hereafter require their removal to the faid town of Hal- 
loivelL 

Sect. 6. Be it further enacted^ That the feveral Courts 
aforei'aid fhall continue to be hclden in the faid town of Har- Co^j'ts to fit 
rington^ until the further order of the Legiflature ; and all 
writs, precepts and judicial proceedings whatever, which are or 
may be returnable to the Courts aforefaid, fliall be accepted, 
adjudged and confidered by faid Courts in faid town oi Harring- 
ton ; any law to the contrary notwithiianding. 

Sect. 7. Be it further enaBedy That William Brooks^ Efq. 
be, and he is hereby empowered to ifTue his warrant, direfted ,- « 

r • • 1 • 1 1- r , r-1 r t't ■ I'lrll meeting; 

to lome prmcipal mhabitant or the laid town ot Harrington^ 

requiring him to warn the Inhabitants of the faid town of Har~ 

riti^toiii qualified to vote in town affairs, to alTenable at {ovdxi 

fuitable 



Ii6 C. G. S. P. IN MIDDLESEX. Feb. 2c, An.5797. 

fuitable time and place in faid town, to choofe all fuch town 
officers as towns are by law authorized to choofe in the months 
of March or j^pril annually, and to tranfa£t fuch other matters 
and things as may be neceflary and lawful at faid meeting. 

And whereas lA confequence of the aforefaid divilion, there 
will remain but one Sele6tman in faid town of HalloiveU : 

Sect. 8. Be it further enacted by the authority aforefaid^ That 

N. Dummer to Nathaniel Duminer, Efq. the Seledlman remaining within faid 

call a meeting toAvn, be, and he is hereby vefted with all the power which a 

ifl liallowell. n-^^jority of faid Selectmen would have had, fo far as relates to 

the calling the annual meeting thereof in Alarch or April next. 

[This Adl paffed February 20, I797-] 



An ACT to remedy an Omiffion of Form in the Open- 
in c: of the Court of Genenil Seilions of the Peace 
for the County of Midcilefcx, at the No-vember Term 
thereof, in the Year of our Lord, One thoufand 
feven hundred and ninety-fix. 

Freamble. 1[")t T^-^^^^^^ *^^^ Court of General Seffions of the Peace 
\r V which by law was to have been holden at Qwibridge, 
within and for the county of Middhfex, on the Alonday next 
preceding the laft Turfdny of November^ in the year of our Lord 
one thoufand {^^Qn hundred and ninety lix, was not formally 
opened until the day following ; whereby fonie doubts have 
arifen relative to the legality of the adjudications, orders and 
proceedings made, done and paffed upon by faid Court at faid 
term : For the removal whereof ; 

Sect, i . Be it enabled by the Senate aMi Hoiife of ReprefenU 

atives, in General Court ojffernbled^ and by the authority of the 

famefThol the adjudications, orders and proceedings of the 

The proceed- Court of General Scffions of the Peace for the county of Alid- 

ine;s made va- ci/efex, made, done and paiTed upon by faid Court at Cambridge- 

^ aforefaid, at the term thereof in No'vembcr aforefiid, ftiall be, 

and hereby are conlirmed and made valid in law to all intents 

and pvj-pofes, in the fame manner as if the faid Court had been 

ooencU on the f.rll day of the term thereof in the ufual form ; 

and all perfons concerned are hereby directed to govern them- 

felves accordingly. 

Sect: 2. And be it further enaBcd^ That all procefles, mat-, 

Proceffes, &c. ters and things, fuits, indi«^ments and appeals, which were 

■which remain pending in the faid Court of Genei-al Seflions of the Peace at 

dr'^"af''teu^^'^ term, and not then adjudicated, ordered or paffed upon, 

Court ac Con- ihall ftand continued to and have day at the Court of General 

<yord. Seflions of the Peace next to be hoiden at Concord^ within and 

for the county oi' MlddJeftK^ on the Monday next preceding the 

third Tuefda'; of March' rifi^t j and all parties concerned are 

hereby directed to govern themfelves accordingly. 

rTbls Act paffed Fehri^ary 20, 1797-3 ■^»- 



BASS....ALEWIVES, Feb. 22-23, An.1797. 117 

An ACT to prevent the Deftrudion of the Fiiii called 
Bafs, in the River Parker^ in Newbury, and in 
Rowley River, and in the Streams and Waters run- 
ning into the iame in the County of EJfex. 



Sect. 



D£ it enabled by the Senate and Houfe of Reprefenta- 
^ * -^ tivesy in General Court ajfemhled, a?id by the author- 



ity of the fame ^ That on and after the £rft day of December ne^jt, 
if any perfon or perlbns Ihall catch, in any manner whatever, 
any of the lifh called bafs, in any part of the river Parker in 
Newbury, or in Roivley River, or in any of the ftreams or waters 
running into the fame, or fhall offer them for fale, between the .pj^^ limited 
iirft day of December and the firft day of March annually, he in which bafs 
or they fo offending (hall forfeit and pay one dslhir for each "^ay be caught. 
of the bafs fo caught or offered for fale as aforefaid. 

Sect. 2. Be it further enaEled, That all fines and penal- 
ties which may be incurred by a breach of this A<fl:, fliall be Penalties hov/ 
recovered before any Juftice of the Peace of the county oi EJfex, ^° ^^ recover- 
with cofts of fuit, for the ufe and benefit of the profecutor. 
And it fliall be the duty of the Fifli-wardens of faid towns of 
Newbury and Rowley to fee that this Adl is carried into eff eft i 
and any other perfon may complain and profecute for breaches 
of this Ad:. 

Sect. 3. Be it further enaSIed, That the inhabitants of the 
town of Rowley aforefaid, Iliall, at their annual meetings le- Fifli.wardcns 
gaily affembled, choofe one or more Fifh-wardens, whofe duty to be appoint;* 
it fliall . be to fee that this A£c is carried into effedl as ^'^• 
aforefaid, and who fhall be fwom to the faithful difcharge of 
that trufl in the fame manner as other town officers are {"worn. 
[This Adl paffed February 22, 1797.] 

An ACT to regulate the Price of Fifh called Alewives, 
in the Town of Taunton. 



Sect. 



T^E it enabled by the Senate and Houfe of Reprefenia'- 
tives, in General Court affembled, and ^v the author- 
ity of the fame, Thzt from and after the paffing of this A6t, the 
Seleftmen of the town of Taunton for the time being, together 
with any two Juflices of the Peace in and for the county of 
Briftol, quorum units, be, and they are hereby authorized and 
empowered from time to time, as they fhall judge proper, to 
regulate the price of the Fifh called Alewives, taken in Taun- y^\l^^^ b" '^Sel 
ton Great River fo called, which price, when fo regulated, fhall Uamen, &c. 
be recorded on the book of records of faid town by the Clerk 
thereof. 

Sect. 2. And be it further enabled by the authority aforefaid, 
That if any perfou; after the paffing of this Kit, fliall prefume 

tp 



ii8 



CANTON. 



Feb. 23, x4Ln.i797. 



to fell fuch Fifli at a greater price than may be eftablifhed for 
the time being as aforefaid, he fhall forfeit and pay to the ufe 
of faid town, for each hundred of fuch Fifli fo fold, a line of 
Penalty for W-Jive dollars, and fo in proportion, for a greater or lefs number, 
Jegal cxa<a:»on. jq be fued for and recovered before any Juftice of the Peace in 
and for faid county, or any otlier Court proper to try the fame, 
by the Town-Treafurer of faid town. And no perfon fliall be 
difqualified from being a witnefs in any fuch fuit by reafon of 
his or her being an inhabitant of faid town. 

Sect. 3. And he it further enncfed. That fo much of an A<^ 

Part of a for- P^^^^^ ^'^ ^ho nineteenth day of March, in the year of our 

mer Ad re- Lord one thoufand feven hundred and ninety-three, as regu- 

pealed. lates the price of faid Fiili, taken in faid river, be and the 

fame is hereby repealed. 

[This Aft pafled Fchniary 23, 1797-} 



An ACTto divide the Town o(Stoughton, in the County 
of Norfolk, and to incorporate the northerly Part 
thereof into a Town by the Name of Canton. 

Q T)E it enaEled by the Senate and Houje of Reprefcnta- 

tives, in General Crnirt ajfembled, and by the author- 
ity of the fame, That all the north part of the town of Stoughtorip 
in the county oi Norfolk, on the northerly fide of the following 
Csntnn Incor- defcribed line, be incorporated into a town by the name of 

porated. 



Boundaries. 



Canton, beginning at the parilli line betv»^een the firft and 
fecond pariflies in faid town of Stou<^hton, at the wefterly line 
of Randolph, thence running wefterly on faid parifli line until 
it comes to the road leading from the firft to the fecond parifh 
in faid Stoughton, near Ephraim Smiths, thence northerly by 
{aid road to Ephraim Smith's lane, fo called, thence wefterly by 
faid lane until it comes to faid Smitlfs land, tlien foutherly and 
wefterly in the range of the faid Smith's and Lemuel Gay's land, 
until it comes to fteep-brook fo called, then on faid brook a 
foutherly courfe until it comes to Mofes Gay's land, thence in 
the ranges of the faid Gay's and Smith's land, until it comes to 
the land belonging to Elijah Dunbur, Efq. thence in the range 
of faid Dunbar s and Gay's land, until it comes to land belong- 
ing to William Holmes, thence in the range of the faid Holmes^ 
and Dunbar''s land, until it comes to land belonging to Jofeph 
Belcher, then in the range of faid Belcher's and Holmes^ land, 
until it comes to Taunton-Rcad, at the north-eafterly corner of 
tlie town of Sharon, with all the inhabitants living thereon, be, 
and hereby are incorporated into a feparate town by the name 
of Cimton, with all the powers, privileges and immunities that 
towns within tliis Comnionwealtli do or may enjoy. 

Sect, 



CANTON. /:^^. 23, An. 1797. 119 

Sect. 2. Be it further enaBed by the authority afoi-efaidy 
That the inhabitants of the faid town of Canton Ihall pay all All pecuniary 
the arrears of taxes which have been air;iired upon them by the concerns to b« 
town of Stcughio.'!, together with their proportion of all debts ^^J^^^ V ^ t 
due from faid town of Stoughton^ and {hall be entitled to re- 
ceive their proportion of all d ebts and monies now due to faid 
town of Stotigbtoft) and alfo their proportionable part of all 
other property of the faid town of Sioughtcn, of what kind or 
defcription foever, and the apportionment of all debfSj dues and 
other public property between the faid .towns fhall be made 
according to their proportion in the laft State tax. 

Whereas the town of Stoiighton has been at very great ex- 
penfe in endeavouring to procure a free and uninterrupted 
paffagc of the fifli called Aiewives, up into the ponds called 
Ponhapocg and Maffcipoag., in the towns of Canton and Sharoriy 
and whereas the rivers leading to faid ponds do not enter the 
town of Stoughton ; therefore, 

Sect. 3. £e it further enabled by the authority cforefaid, gtouehton «» 
Tliat the town of Stoughton fliall have their proportionable part {liare in the 
with the town of Canton^ of all profits antl emoluments, that Alewife fifhe- 
may hereafter arife by the Alewive Filhery, within the town ^^ Canton, 
of Cnntofiy and fliall be holden to pay their proportion of all 
cofts and charges that may arife on account of laid fifhery \ 
and the Filh Committees of the towns of Cafiton and Stoughton 
ihall have the fame power of regulating all affairs relative to 
faid filhery, agreeable to fuch A£l or A6i:s, as is or may be 
palTed for regulating the fame, which the Committee of the 
town of Stoughton would have had if this A6t had never 
paffed. 

Sect. 4. Be it further enaEled by the authority aforefaidy 
That Thom^is Crane:, Efq. be, and he hereby is empowered to „ .. 

ifiue his warrant, directed to fome principal inhabitant of the meetincr. 
town of Canton, requiring him to notify and warn the inhabit- 
ants of the faid town of Canton, to affemble and meet at fome 
fuitable place in faid town, to choofe all fuch town officers as 
towns are required to choofe in the months of March or Jlpril 
annually. 

And whereas in confequence of the aforefaid divifion there 
will remain only one SeletSlman in faid town of Stoughton. 

Sect. 5. Be it enaEiedy That Jabt-z Talboty the Selectman 
remaining within faid town, be, and he is hereby vefted with Jjl'ez Talbot 
all the powers, which a majority of faid Ssleftmen would have ?° "11 meeting 
had, lb far as relates to the calling the annual meetings in the " °"' 

months of March or April next. 

Sect. 6. Be it enaBcd by the authority aforefaid. That the Canton's pro- 
faid town of Canton fliall pay t-iv^ pounds t-vjofjiilings and feven portion of tajt- 

pe?icey ^*' 



120 St. ANDREW*s CHURCH. Feb.i^.kn.ij^f, 

pence^ on each thoufand pounds, ralfed by taxes in this Common- 
wealth, and that the fame fum ftiall be deducted from the 
proportion that the town of Stoughton paid agreeable to the 
lad valuation. 

[This A61 pajGTed February 23, 1797.] 



An ACT to incorporate the Wardens and Veftry- 
men of the Epifcopal Church of St. Andrews, in 
Sdtuate, into a Society by the name of The Epifco- 
pal Protcjlant Society of St. Andrcw^s Church in 
Scituate. 



Sect. 



jyE it enaBed by the Senate and Houfe of Reprefenta^ 
-*--' fives, in General Court affembled, and by the author^ 
ity of the fame, That Charles Bailey and Thomas Baifozv, jun. 
I'crfons incor- Church Wardens, and Stephen Bailey, Mordecai Ellis, Nathan- 
porate . -^^ Ellis, Clark Ellif, Nathaniel Stetfon, Samuel Donnely George 

Baiky, George Bailey, jun. Benjamin Mann, Job Curtis, Levi 
Mann, "Job Sylvejler, Nathaniel Clark, Nathaniel Sylvefter, Ifaac 
Perry, Charles Stockbridge, Benjamin fames, Benjamin James., 
jun. and Abijah Otis, Veftry-men, with the other Proprietors 
of St. AndreiJ s Church in Scituate, refiding in Scituate, Hano- 
ver, Pembroke and in towns and places adjacent, and their 
fuccefTors, together with their polls and eftates, be, and they 
hereby are incorporated into a Society or Body Politic, by 
the name of The Epifcopal Proteftant Society of St. Andi env s 
Church in Scituate. And the faid Society are hereby invefted 
'~ar /r"^^ "'^^'^ \<r\'Ci\. fuU power and authority to affefs and colletSt of the 
members belonging to faid Society, for the purpofe of main- 
taining the public woriliip of God therein, and for maintain- 
ing and fupporting their inftru6lor of piety, religion and mo- 
rality, and for repairing their houfe of public worfhip from 
time to time, fuch monies as are or may be neceflary for thofe 
purpofes ; and they are hereby veiled with all fuch powers, 
privileges and immunities as Congregational Societies do or 
may enjoy by the laws of this Commonwealth. 

Sect. 2. And be it further enacted by the authority aforefaid^ 

— may con- That if any other perfon or perlbns may Incline to join faid 

neiSlthemfclves Epifcopal Society in Scituate aforefald, by fignlfying fuch his 

with the Sod- ^^ ^j^gjj^ ^p^^j.g :^ ^.j-iting to the refpeftive Clerks of the feve- 

ral towns to which he or they may refpectively belong, he or 

they, with his or their polls and eftates, fhall be conlidered as 

belonging to the faid Epifcopal Society in the fame manner as 

though he or they were incorporated by name in this Aft. 

And whenever any perfon or perfons belonging to faid Epif- 

^e Society"''^ copal Society, fhall incline to belong to the Congregational 

Societv in the town in which be or thev mav refpeftively re- 

fide, 



EPISCOPAL SOCIETY. M. 27, An. 1797. 12 1 

fide, by fignlfying fuch his or their defire in writing to the 
Clerk of the town in which he or they may refpefllvely refide, 
he or they, with his or their polls and eflates, fiiall be dif- 
charged from faid Epifcopal Society and annexed to the Con- 
gregational Society, in the refpective tovms in which he or 
they may then refide. 

Sect. 3. ^nd be it further enaBed, That Mclzar Curtis^ 
Efq. of Hanover y be, and he hereby is empowered to ilTue his Flrfl meeting. 
warrant, direfted to feme principal Proprietor of faid Church, 
to warn the Proprietors of faid Church to affemble and meet 
at fome fuitab'e time and place in the town of SciturJe, to 
choofe all fuch officers as other incorporated P..eligious Soci- 
eties are empowered and required to choofe at their annual 
meetings in the months of March or April annually. 
[This ti.Ci paired February 23, 1797-] 



An ACT to incorporate a Number of Inhabitants 
of the Town of SandisfieJd, in the County of Bcrk- 
Jhire, into an Epifcopal Society* 

c T)E it enaffed by the Senate and Houfe of Reprefenta-' 

tives, in General Court affemblcd^ and by the author^ 
ity of the farne^ That John Hubbard^ Nathaniel Hubbard^ Jofiph Perfons incor»' 
Buely Timothy JVamer, Francis Dodge, James Servants, Obediah por^tcd. 
Delandy Reuben Buckman, Thomas Abba, EUpm Hafe, James But- 
ler, Eliphalet Hohnan, Jofiah Hubbard, Daniel Parker, Seth 
Miller, John Hubbard, jun. Elnra Pcafe, Amos Sears, Theophilus 
Hubbard, John Deland, ai;d Francis Peafe, together with their 
polls and eftates, be, and they hereby are incorporated by the 
name of The Epifcopal Society in Sandisfield, with all the privi- 
leges, powers and immunities which parifiies in this Common- 
wealth are by law entitled to. 

Sect. 2. Be it farther enncfedfY\\2X if any perfon or perfons in „ , 
the town of Sandisfeld a.(oTe{z\d, being of the Epifcopal denomi- ^^^ . joj^jmh* 
nation, who fhall hereafter unite in religious worlhip with faid Society. 
Epifcopal Society, Ibali leave a certificate, figned by the Minifter 
or Clerk of faid Society, with the Clerk of faid town, that he or 
ihe has aftually become a member of, and united with faid Epif- 
copal Society, fourteen days previous to the annual meeting 
in faid town, to bo held in the month of March or April, 
fuch perfon ^^inil, from and after giving fuch certificate, be 
confidered, together with his, her or their polls and ef'ates, as 
belonging to laid Society : Provided hoivever. That fuch perfons 
Ihall be holdcn to pay their proportion of all monies that ihall 
have been aflefled or voted in faid town. 

Sect. 

Vol. IL Q 



122 MOOSE AND DEER. Feb. 27, An. 1797. 

Sect. 3. Be it enacled, That all monies aflefled for the 
Monies affelTed p^^j-pofg of fupportuig thc gofpcl on non-refident Proprietors' 
dents how to eftatcs, Ivmg in the town ot haudisjield^ that are ot the iLpii co- 
be appropria- pal denomination, fhall be appropriated to the ufe of faid So- 
*^^- ciety. 

Sfct. 4. Be It further enaBed, That when any perfon be- 
Perfons may longing to faid Society, fhall fee caufe to leave the fame and 
leave the Soci- ^^^-^^^ ^^.jj-j.^ ^^j Other rcligious Society, in faid town, and 
Ihall leave with the Clerk of fiid Epifcopal Society, a cer- 
tificate of the famcj figned hj the jMInlfter or Clerk of the 
Parilh, or other incorporate religious Society, with which 
he or flie has united, fourteen days previous to their an- 
nual meeting, in the month of March or April., and fliall 
pay all monies that f!:iall have been afleffed or voted in faid 
Epifcopal Society, flxail be confidered, together with his or 
her polls and eftates, as belonging to the Society to which 
he or fhe has fo united. 

Sect. 5. Be it further cnaBed^ That Drake Alills, Efq. be, 
and he hereby is authorized to iflue his warrant, direiSted 
Firft meetings to fome principal member of faid Society, requiring him 
to warn the members thereof, qualified to vote in parifh 
affairs, to alTemble at fome fuitabie time and place in faid 
town of Saudisjieldy to choofe fuch parilh officers as are by 
law required to be chofen in the month of March or April 
annually, and to ti-anfa6t all matters and things necefTary to 
be done in faid Society. 

[This A£l paffed Fdruaryi-jy 1797.] 

An ACT to repeiil all former Laws, made for the Pref- 
ervation of Moofe and Deer within this Common- 
wealth, except as is hereinafter excepted. 
T)E. it enciBed by the Seneife and Houfc of ReprefetitativeSy in 
•*~^ Gencrnl Court uffemhledy and hy the authority of the famCy 

Laws repealed. That all laws heretofore made in this Commonwealth for 
the prefervation and increafe of Moofc and Deer, (except 
an A6t, entitled, " An A6t for the prefervation and increafe 

Exceptions. <^^ Moofe and Deer on Tarpolin Cove Ifand and Nawemeffet 
jpandy lying and being in the count}' of Duke's County ,-" and 
excepting alio an Act for the proteclion and fecurity of the 
flieep and other Aock on the ifiands aforcfaid, and feveral 
fmall iilands contiguous, fituated in thc faid county of Duke's 
Coufjty ; and alio, excepting the feveral Adls reviving and 
continuing the two firft mentioned A<S1;3 in force) be, and 
the fame are hereby repealed, excepting that the fame Ihall 
remain and continue in force fo far as may be neceffary for 
the recovery of any fines and forfeitures already incurred 
by force thereof. 

[This A£l pafled February 27, 1797.] 

A« 



DEERFIELD ACADEMY. March i, Kn.ij^y, 123 

An ACT to fet off P;ii't of tlie Town of Greenivich^ 
which- lies in the County of Worcejler^ and for an- 
nexing the fame to the County of Hampjhire. 
T)E it enaEied by the Senate and Houfe of Reprefentatives^ in 
-*~^ General Court ajfemhled^ and by the authority of the jamcy 
That all that part of Greenwich^ which Hes in the county of Greenwich an- 
Worcefler, be, and the fame is hereby fet off from faid county "^.'^^''t'^H^^P- 
ol IVorcefter and annexed to the county or tiamplhire. 
[This A6t paffed March I, 1797.] 

T •■■ ' ' — — • 

An ACT, altering the Name of Ifaac Davis to Ifaac F. 

Da-vis. 

T)E it enn^ed by the Senate and Houfe of Reprefe?itatives^ in 
General Court ajjembled, and by the authority of the fame, 
Tliat from and after the paffing this Acl, Ifaac Davis, of 
Bofon, in the county of Sufolk, rope-maker, fon of Thomas 
Davis, late of Plymouth, in the county of Plymouth, merchant, 
deceafed, (liall be and hereby is authorized and empowered to 
take, bear and ufe the name of Ifaac P. Davis,*-^ndi lliall be Name altered 
called and known by that name at all times hereafter. 
[This Aft paffed March 1, 1797.] 



An ACT for eflablifliiRg an Academy in the Town of 

Dcerfielf by the Name of Dcerfeld Academy. 

WHEREAS a fuitablc number of Academies within this 
Commonwealth will be of common benefit, and it ap- ^''e-iniblei 
pears that John Williavis, Efq. and others, have fubfcribed a 
fum of money for the purpofe of ei'ccting and lupporting an 
Academy in the town of Deerfdd, in the county of Hnnipfn-.e, 
to effect which generous defign more fully, it is neceffary to 
cftablilh a Body Politic : 

Sect. 1 . Be it thciefore enacled by the Setiate and Houfe of 
ReprefentntiveSy in General Court ajjemhled, and by the authority 
if the fame. That the Hon. John Haflings ai:id David Sexton, 
Efqulres, John JVilliatns, Efq. Rev. fofeph Lyman, Doft. Henry pQ^ated- 
Wells, Rev. Roger Neivtjn, Williavi Colman, Efq. R.ev. Samuel 
Taggart, William Billings, Efq. Rev. David Parfons, Hon. Ebe- 
iic%er Mattoon, jun. Efij. Mr. Alofes Haivkes, Rev. Samuel Allen, 
Rev. John Taylor, Doct. William Stoddard Williams, David 
Dichenfen^ Efq. Stth Cailin,Y.{(\. Jfeph Stebbins, jun. ¥Jq. Tind 
Mr. Jfph Barnard, be, and they hereby are conflituted a 
Body Politic and Corporate by the name of The Tnfiees of'^izxa^^ 
Deerfdd Academy i and they and the furvivors of them, and 
their fucceffors, to be appointed as hereinafter Is provided, flaail 

be 



i24 DEERFIELD ACADEMY. March i, An.1797. 

be and continue a Body Politic and Corporate by the fame 
°^^^' name forever ; and by that name the faid Corporation may fue 

and fhall be liable to be fued, and fhall have power, by their 
officers, agents or attornies, to prc^fecute and defend in all ac- 
' tions, real, perfonal and mixed, yntil final judgment, execu- 
tion and fatisfailion. And the faid Corporation ihall have and 
May have a ^fg ^ common feal, which they may break, alter and renew at 
common ea . ^Yxqxt pleafure : Provided, That when any perfon Ihall decline 
Provifo. ^Q ferve as a Truflee, and fuch refignation fliall be recorded by 

the faid Corporation, his place Ihall be deemed vacant. 

Sect. 2. ^nd he it further enaBed, That the Truftees of 

May receive f^j,^ Academy, in their faid capacity, are, and fhall be capable 

gi-". 'c. ^j^ Y-^-yfj to take and receive, by gift, grant, bargain, devife or 

otherwife, lands, tenements or other eftate, real and perfonal, 

and whereof the annual income fhall not exceed the fum of 

two thoufimd dollars, in filver : To have and to hold the fame 

for the fole truft and purpcfe of fupporting an Academy in 

faid town of Deerjield, for the promotion of piety, religion and 

morality, and for the education of youth in the liberal arts 

and fciences, and all other uieful learning, according to the 

requifitlon of any gift or bequeft which Iball be made to the 

faid Corporation ; or as the Truftees for the time being fliall 

diredl and ordain. And the faid Corporation fhall have full 

c^\.. •' ' er- P^^^'' ^"'^ authority to leafe and manage their lands, tene- 

tain cafes. ments and all Other eftate, and to bargain, fell and difpofe 

thereof, where they fliall not be reftrained by the terms of 

p .r any gift or devife : Provided, That for the fale of any real 

eftate, the property of faid Corporation, the concurrence of two 

thirds of all the Truftees, for the time being, Ihall be requiiite j 

and all deeds or contracts fealed with the common feal of the 

fiiid Corporation, and figned by any ofHcer thereof, or any 

Truftee, purfuant to their order, fhall be valid and effedual in 

law to all intents. 

Sect. 3. And be it further enaHed, That the faid Corpora- 
May retu'ate ^''^^^ ftiallhave powcr, by ftanding rules or otherwife, to detcr- 
ineetingo, mine the times and places of meeting> the manner of notifying 

the Truftees, and the method of proceeding thereat : Aifo, to 
AtSi officers, ele^l fuch officers of the faid Corporation as they fliall judge 
ncceflary j and to appoint and provide a Preceptor of the faid 
Academy, with all needful afilftants, and to determine the 
flx falaries, &c. powers, duties and falaiies of their refpe<^tive ofiicers : to af- 
certain the qualifications and terms of admiliion of ftudents- 
which fhall be received at the faid Academy, and to make and 
May ordain ordain all Other reafonable rules, orders and by-laws, with pen- 
any reafonable -^^t-ies or without, and not repugnant to the kv^-s of this Ccm- 
''■^'^ ' monwcalth, as v/ell for the good government of the faid Cor- 
poration as for the better regulation of the faid Acadeniy ; 
and all fuch rules, orders and by-laws to alter or repeal. 

Sy^c-v. 



WATERFORD. M^rrZ/ 2, Am 1797. 125 

Sect. 4. Athl be it further enaSledy That whenever the 
number of the Truftees of" the faid Academy iLall be lefs than 
nine, the Truftees for the time being fhall have power, and it 
Ihall be their duty, to nominate, ele*^ and appoint other faita- truftees ''^°'"^ 
ble perfons as Truftees until that number fhall be complete. 

Sect. 5. And be it further enaSled^ That the Legiflature of ^j^^ i,eelfla- 
this Commonwealth may from time to time, when and in fuch turemayexam- 
manner as fl:kall be thought fit, inquire into the doings of the i"e the pro- 
faid Corporation and their performance of the truft alorefi'.id ; *^^^ '"^** 
and upon any breach thereof, or other fufficient caufe appear- 
ing to the faid i-egiflature, upon due notice to the faid Corpo- 
ration, and a full hearing thereupon, may annul the grant 
and authorities hereby made and given, or fuch part thereof 
as the faid Legiflature fhall thereupon determine : Provided^ 
That all and fingular the eftates of the faid Corporation fliall 
thereupon revert to the donors thei-eof, or according to any 
limitation in any grant, or donation made. 

Sect. 6. And be it further enaBed, That David Sextony Efq. 
be, and hereby is authorized to fix the time and place for hold- . „ 
ing the firft meeting of the Truftees, and to notify them 
thereof. 

[This Aft pafted March i, 1797.] 

An ACT to incorporate Part of the Plantation called 
Waterfordy in the County of Tork^ into a Town by 
the Name of Waterford. 
^ 'pE it enacted by the Senate and Houfe of Rep-efenta- 

-*-* fives, in General Court aj/emb/ed, and by the author- 
ity of the famey That all that part of the plantation aforefaid, 
which is contained within the following bounds, viz. Begin- 
ning at the north-wefterly corner of Otisfieldy rhence running Boundaries in- 
north, fixty-five degrees eaft, twelve hundred and feventy '^°^r°'''^'*^ ■ 
rods by faid Otisfidd to the dividing line between the third and 
fourth tier of lots, wefterly from the eafterly fide line of faid 
Waterford ; then north, twenty-five degrees weft, on the di- 
viding line between the faid third and fourth tier of lots to 
the northerly fide line of faid Wuteford; thence fouth, fixty- 
five degrees weft, fix hundred and forty rods, on a new town- 
Ihip, called Oxford, to a ftake and ftones ; then north, twenty- 
five degrees weft, one hundred rods on faid 0>ford, to a ftake 
and ftones ; then fouth, fixty-five degrees weft, fix hundred 
and fifty rods (ftill on Oxford) to a ftake and ftones ; then 
fouth, twenty-five degrees eaft, one hundred rods, to a ftake 
and ftones ; then fouth, fixty-five degrees weft, three hundred 
and forty rods, to a ftone fet in the ground ; then fouth, twen- 
ty-five degrees eaft, one hundred and fixty rods to a ftone in 
the ground j then fouth, fixty-five degrees weft, three hun- 
dred 



126 ORLEANS. M^r^/^ 3, An.1797. 

dred and fifteen rods to a {lake and ftones ftanding in the eaft- 
erly fide line of New-Suncoyk ; then fouth, twenty-five degrees 
ts.ift, by faid New- Su 77 cook, two thoufand and twenty rods weft 
to a pine tree, the fouth-wefterly corner of faid WaterJord,\\']\\ch. 
is the fouth-eafterly corner of the aforefaid New-Suncook, ftand- 
ing in the northerly end line of Byidgeto7i ,- then north, fixty- 
five degrees eaft, fix hundred and fifty rods, to the north-eaft- 
erly corner of Bridgeton aforefaid ; then fouth, twenty-five 
degrees eaft, one hundred rods, to the firft bound, together 
with the inhabitants thereon, be, and hereby is incorporated 
into a town by the name of TVaterford ,- and the faid town is 
hereby inverted with all the powers, privileges and immunities 
which other towns in this Commonwealth do or may by law 
enjoy. 

Sect. 2. ^rid be it further enacted by the authority aforefaid^ 
That Zinmi Frye, Efq. be, and he hereby is empowered to iffue 
Firft meeting. j^|g warrant, directed to feme fuitable perfon, inhabitant of faid 
IVateyford, requiring him to notify and warn the inhabitants 
thereof to meet at fome convenient time and place, for the 
purpofe of choofing all fuch officers as towns are by law re- 
quired to choofe in the months of March or April annually. 
[This A(S1: pafiTed March 2, 1797.] 

An ACT to divide the Town oiEaJlbam^ in the County 
of Barnftahk^ and to incorporate the foutherly Part 
thereof into a Town by the Name of Orleans. 



Sect 



T^ii it enacted by the Senate and Houfe of Reprefenta' 
-^ iives, in General Court ajfetnbled, and by the author- 
ity of the fame. That all the fouth part of the town oi Eafhaniy 
in the county of Barnflablc, on the foutherly fide of the fol- 
lowing lines, be incorporated into a town by the name of Or- 
Pftundarles in- ^^^"^i '^'^'^' Beginning at the mouth of Rock Harbour River j 
corporated. from thcnce running fouth-eafterly by the road that leads by 
Nathan Smith's dweliing-houfe until it comes to the Parfonage 
land ; thence northerly on the wefterly boundary line of faid 
Parfonage land, until it comes to foflnni and Ifaac Smiths land ; 
thence running eafterly in the range between the faid Jofhua and 
Ifaac Smith's and Jfah and Eli/h<i Smith's land, until it comes 
to Boat Meadow ; thence a due eaft courfe into the middle of 
Boat Meadow River, thence running up the middle of the 
river to its head, thence running foutherly through the centre 
of the meadow and fwamp, and along Jeremiah's Gutter, fo 
called, into the middle of Town Cove 5 thence running down 
the centre of the Cove to Stone-IJland ; thence running an eaft- 
fouth-eaft courfe into the Atlantic Ocean, with ail the inhabi- 
tants thereon living, be, and hereby are incorporated into a 
feparate town by the name of Orleans, with all the powers, 
privileges and immunities that towns within this Common- 
wealth do or may enjoy. Sect. 



ORLEANS. March '^^ A.n.iyg'j: 127 

Sect. 2. And he it further etiaFied by the authority aforefaidy 
That the inhabitants of the faid town of Orleans fhall be fub- ^^ ^, „ 
je<St to pay all rates and taxes hei-etofore aliened upon taem x:ion of prior 
while they belonged to the town of Eajlhnnii in the fame man- taxes, 
ner as though this Adl had never paffed, and fhall be fiibjeft 
to pay their part of all debts due from faid town of Enjlhnmi 
(including the expenfe that the north part of faid Eajlham and expenfe*. 
have been at in fending agents to the prefent General Court) 
in the fame proportion that the public taxes were paid in the 
year of our Lord one thoufand feven hundred and ninety-fix, 
and alfo fhall receive, according to the fame rule of propor- To fliare in the 
tion, their part of all public property whatfoever, belonging to |!"held ^'before 
the faid town of Eaftham at the time of paffing this Aft. the divitioa. 

Sect. 3. And be it further enaEled by the authority aforefaidy 
That the faid town of Orleans Ihall pay fifteen fhillines and _ , 

f 1 1 r 1 1 -r ■, ■, • 1 • Orleans Pfo- 

ieven pence, on each thouiand pounds, raned by taxes, m this portion of fu- 
Commonwealth, including the tax granted the prefent feflion ture taxes. 
of the General Court ; and that the fame fum fhall be de- 
duced from the proportion that tiae town of Eajlham paid 
agreeable to the laft valuation, on each thoufand pounds raifed 
as aforefaid. 

Sect. 4. Be it further enabled hy the authority aforefaid^ 
That the Parfonage land and meadow, now improved by the Parfonaeeland 
Rev. Mr. Bafcom, (a part of which is fituate in the town of orkajj"'^'^ ^^ 
Eaflham) fliall belong to the town of Orleans forever. 

Sect. 5. And be it further etiacled by the authority aforefaidy 
That the Shell FifJjery Ihall remain and be enjoyed by the in- The fnell fifii- 
habitants of Eaflham and Orleans in the fame manner as before ery benefits to 
the paffing this Aft, and fhall be regulated by the Seleftmen ^'^^j.^/'"'"*^^'^ 
of both towns, as heretofore by the Seleftmen of Eaftham. 

Sect. 6. Aiid be it further enacted by the authority aforefaidy 
That Ifaac Sparrow, Efq. be, and he hereby is authorized and 
empowered to ifTue his warrant to fome principal inhabitant of ' '*" 

the town of Orleans, requiring him to notify and warn faid in- 
habitants to meet at fome fuitable time and place in faid town 
of Orleans, to choofe all fuch olilcers as other towns are by law 
required to choofe in the months of ATareh or April annually. 

And whereas, in coniequence of the aforefaid divillon, there 
will remain only one Selectman in faid town of Eaflham : 

Sect. 7. Be it theref re further enaBed by the authority afore- 
faid. That Jofeph Pepper, the Selectman remaining within faid !• Pepper au- 
town, be, and he is hereby vefted with all the ^powers, which tJ^orizedtocall 
the majority of faid Selectmen would have had, fo far as relates Ealiham." 
to the calling the annual meeting in the months of March 
or April next. 

[This Aft: paffed March 3, 1797.] 

An 



Sect 



128 IPSWICH ALEWIVES, kc. March 7, An. 1 797. 

An ACT in addition to, and for repealing a certain 
Claufe in an A61, paffed March the twenty-eighth, 
in the Year of our Lord One thoufand feven hun- 
dred and eighty-eight, entitled, " An Act to pre- 
vent the Dellruci:ion of Alewives and other Filh 
in Ipfwich River, and to encourage the Increafe of 
the fame." 

T)E it enaBed by the Senate and Houfe of Reprepnta-^ 
tives, in General Court ajjemhled^ and by the authority 
of the famci That the future ufing and improving Andrews* 
Saw-Mill, ftanding on Ipfivich River^ at Farley's Mill-Dam, 
Dircdtion of ^° called, within the town of Ipfwich^ from the laft day of 
Andrews' Mill April to the firft day of June annually, fhall be under the 
placed in be- dire^Ions, regulations and reftri6tions of the major part of 
kamcn. jj^g Seledmen of the towns of Ipfwich^ Topsfieldy Middleton, 

and Readings for the time being ; fuch directions, regula- 
tions and reftriftions being made in writing, under the hands 
of the major part of the Seledlmcn aforefaid, and deliver- 
ed to the faid Andrews from time to time as fhall be found 
necefFary. 

Sect. 2. Be it further enacted, That for every omiffion 
p , , or violation of fuch direflions, regulations or reftri6i:ions as 

■on-obedience. aforefaid, the faid Andrews fhall be fubjedl to fuch penalties 
and forfeitures as are incurred by the aforementioned A(Sl, 
for ufing and improving faid mill, within the term afore- 
faid ; to be fued for, recovered and applied in manner as is 
prefcribed in the faid Act. 

Sect. 3. And be it further enacted^ That the fixth claufe 
Claufe of a for- of the aforementioned Acl, fo far as it refpefts the ufing 
mer Ad rt- ^nd improving the faid Andrews' Saw-Mill within the term 
^^^^^- therein mentioned, fliall be, and hereby is repealed. 

[This A6t pafTed March 7, 1797.] 

An ACT for Incorporating certain Perfons for the 
Purpofe of building a Bridge over Eqfter7i River^ 
in Drcfden, in the County of Lincoln, at or near 
Cairs Ferry, and for fupporting the fame. 

Incorporating « TyF. it enaFied by the Senate and Houfe of ReprefefitU" 

«i*"fe. * * "*-' fives, in General Court affembled^ and by the author' 

ity of the fame. That Jonathan Bowman, jun. fames Patterfon 
and Sainuel Patterfon, with fuch other perfons as may hereaf- 
ter afTocIate with them for the purpofe hereafter mentioned, 
their heirs and afligns, be, and they hereby are made and 
conflituted a Corporation and Body Politic, for the purpofe 

of 



EASTERN RIVER BRIDGE. March 7, An. 1797. 129 

of building a bridge over Eajlern Rlver^ at CalPs Ferry, in 
Drefdcn, in the county of Lincoluy by the name of The Pro- 
prietors of the Eiijiern River Bridge, at Call's Ferry in Drejllen. 
Sect, 2. And be it further enaBedi That the faid Jonnthan 
Bowman, jun. James Patterfm and Samuel Patterfon, or any 
two of them, may, by advertifement in any newfpaper print- ivxeetine to be 
ed within the county of Lincohiy warn or call a meeting of called by r.ewf- 
the Proprietors, to be holden at any fuitable time and place Fpe" advtr- 
after thirty days from the firft publication of laid advertifement j "^^"^* 
and the Proprietors, by a vote of a majority of thofe pref- 
ent or duly reprefented at the faid meeting, accounting and allow- 
ing one vote to and for each lingle Ihare in ail cafes, [Provided 
however.^ that no one Proprietor lliall be allowed more than 
fix votes) {hail choofe a Clerk, who fliali be fworn to the meeting, 
faithful difcharge of his faid office, and fhall alfo agree on a 
method of calling future meetings j and at the fame, or a 
fubfequent meeting or meetings, may eleft fuch officers, and 
make and eilabliih fuch rules and by-laws, as to them liiail 
feem neceffary or convenient for the regulation and govern- 
ment of the faid Corporation, for carrying into efFe6l the 
purpofe aforefald, and for collefting the toll hereinafter 
granted and eftabliihed ; and may annex penalties to the 
breach of any by-laws, not exceeding fve dollars ; and all 
reprefentations at any meeting fhall be tiled with the Clerk ; 
and this Aft, and all rules, by-laws, regulations, and pro- Records to be 
ceedings fhall be fairly and truly , recorded by the faid '^^P'' 
Clerk, in a book or books to be provided and kept for 
that purpofe. 

Sect. 3. And he it further enaEled^ That the faid Proprie- 
tors be, and they hereby are authorized and empowered Bridge to be 
to eredt a Bridge over Eajlern River ^ at CnlYs Ferry afore- 
faid, with a convenient draw for the paffing of velfels, at 
leaft twenty-eight feet v>ride, which draw ihall be conilru£l- 
ed with ftrong abutments, and ow each iide thereof there 
fliall be a pier fufficient to fecure all fuch velfels as may 
attempt to pafs through faid draw. And the faid Propri- 
etors ihall conftantly, between fun-rifing and fun-fetting, 
keep fome fuitable perfon or perfons at the faid Bridge, 
who fhall raife the faid draw for any veffel that may be 
paffing up or down the river aforefaid, without toll or ex- 
penfe ; and in cafe any velTel fhall be paffing up or down 
faid river in the night time, it fliall be the duty of the 
perfon or perfons tending the faid Bridge, upon requeft of 
the mafter or manager of faid veffi^l, to lift the draw for 
the faid velfel to pafs through. And for the purpofe of re- 
imburfing the faid Proprietors the money by them to be 
expended in building and fupporting fuch Bridge; 

Sect. 
Vol. II. R 



130 SECOND MASS. TURNPIKE. March 8, An. 1797* 

Sect. 4. Be it further enaEledy That a toll be, and here- 
by is granted and eftablifhed for the fole benefit of the 
fald Proprietors, according to the rates following, viz. For 
each foot pafTenger, three cents ; for each horfe and rider, 
Toll. g-jg^i ^gfjf^ . fQj. each horfe and chaife, chair or fulkey, /^^'- 

enteen cents ; for each coach, chariot, phaeton, or other four 
wheel carriage for paffengers, twenty-eight cents ; for each 
curricle, twenty-five cents ; for each riding fleigh drawn by 
one horfe, thirteen cents ; for each riding fleigh drawn by 
more than one horfe, feventeen cents ; for each cart, fled, 
fleigh, or other carriage of burden drawn by one beaft:, 
thirteen cents ; if drawn by two beafts, feventeen cents -, if 
drawn by more than two beafts, twenty cents ; for each horfe 
without a rider, and for neat cattle, foin" cents and haf 
each \ for flieep and fwine, nine cents per dozen ; and one 
perfon and no more fhall be allowed to each team as a 
driver, to pafs free of toll ; and at all times when the toll- 
gatherer fliall not attend his duty, the gate or gates fliall be 
left open ; and the toll fliall commence on the day of the 
firft opening of the faid Bridge for paflengers, and fliall 
continue for the term of feventy years from faid day ; and 
at the place where the toll fliall be received, there Ihall be 
erecSled and confl:antly expofed to view, a fign or board with 
the rates of toll fairly and legibly written or painted there- 
on, in large letters. 

Sect. k^. And he it further enacJed, That the faid Bridge 
Bridge how to fliall be well built with fuitabie materials, at leafl: twenty- 
be built, four feet wide, and well covered with planks, with fuffi- 
cient rails on each fide, and boarded up fixteen inches high 
from the floor of faid Bridge, for the fafety of pafl^engers 
travelling thereon ; and the fame fliall be kept in good, 
fafe and paflable repair at all times •, and at the expiration 
of the term hereby granted to the faid Proprietors in fuch 
Bridge, the fame I3ridge Ihall be delivered up to the Com- 
monwealth. 

Sect. 6. And be it further enaFied, That if the faid Pro- 
Time for build- prietors fliall neglect, for the fpace of four years from the 
ing bridge lim- p^^j^g this Aft, to build and ered laid Bridge, then this 
Act to be void and of no efi?eft. 

[This Ad palled March 7, 1797.] 

Additional A <?i. An ACT foF cftabliHiing a Turnpike Gate over Hoofuck 
June 23,1804. Mountain. 

Preamble. "^"1? T"HEREAS the road leading from Charlcmonty in the 
\l^ county of HampJJjire, acrofs Hoofuck Mountain to Ad- 
nnisy in the county of BerkJJjire^ is circuitous, rocky and moun- 
tainous, and there is much travelling over the fame, and the ex- 

penfe 



SECOND MASS. TURNPIKE. March 8, An. 1797. 131 

penfe of ftraightening, making and repairing a road thi'ough 
thofe towns, To as that the fame may be iafe and convenient for 
travellers with horfes and carriages, would be much greater than 
ought to be required of the proprietors and inhabitants on the 
faid road, under their prefent circumftances : 

Sect, i . Be it therefore enaEled by the Senate and Hotife of 
Reprefentativesj in General Court affetnbled^ and by the authority 
of the fame^f That Ajaph White, and Jejfe King, and all fuch 
perfons as (hall affociate with them, and their fuccelTors, fhall 
be a Corporation by the name of The Second Mnffachufetts Turn- I^'ame of Cor- 
pike Corporation, with all the privileges and powers incident to ^°^* ' 
Corporations, for the purpofe of laying out and making a turn- 
pike road, from the weft line of Charlemont, in the county of 
HampfJjire, to the weft foot of Hooftick Mountain, in Adams, in « 

the county of BerkfJjire, and for the keeping the fame in repair in 
fuch place or places as the Corporation fhall choofe for the 
fame ; which road fliall not be lefs than eighteen feet in width in 
any place, excepting fteep lldes of hills, and there the faid road 
ihall be of fufficient width for carriages and teams of all kinds to, 
pafs each other : And that when faid turnpike road fhall be 
i'ufficiently made, and ihall be allowed and approved by the Juf- 
tices of the Court of SeiTions of the county of Berkfhire, at any 
term thereof, then the laid Corporation fhall be authorized to To ere<5l a. 
erefl a turnpike gate on the fame, in fuch manner as fhall be ^""^"P' ^ S^*^^- 
necefTary and convenient, and ifiall be entitled to receive from 
each traveller and palfenger, excepting thofe paffing on military 
duty, the following rate of toll, viz. For every coach, phaeton,, 
chariot or other four wheel carriage, drawn by two horfes, thirty 
cents ; and if drawn by more than two horfes, the additional fum TolL 
oifive cents each horle •, for every cart, waggon or fled, drawn by 
two oxen or horfes, fixtcen ce?its, and if by more than two,, 
the additional fum olfour cents for every fuch ox or horfe ; for 
every curricle, twelve cents ; for every ileigh drawn by tv/o horfes, 
twelve cents, and if drawn by more than two hories, an addi- 
tional fum oifour cents for each horfe •, for every chaife, chair 
or other carriage, drawn by one horie, twelve cent! .• for every 
man and horle, yPutv; cents ; for all oxen, horfes and neat cattlc> 
led or driven, beiiJes thofe in teams or carriages, four cents 
each ; for all iheep and fwine,yi»//r centf by the dozen, and in 
the fame proportion for a greater or lefs nuaiber ; and the Juf- 
tices of the Court of General SelHons of the Peace in fuch coun- 
ty, are hereby authorized, on application from faid Corporation, 
to lay out fuch road, or any part thereof, within their refpe^ive 
jurifdictlons, as with the confent of the faid Corporation they 
may deem proper, and. the faid Corporation ihall be holden to Cwporafion to- 
pay all damages which iliall arife to any perlbn by taking his P-^y for land 
land for fuch road, where it cannot be obtained by voluntary '^^^^ "^^^ ^'^^'^ 
agreement, to be eftimated by a Committee appointed by the 

Court 



332 SECOND M ASS« TURNPIKE. Mnrch 8, An. j 'j^j. 

Court of General Scffions of the Peace in the county in v/hich 
fuch damage fhall arife, faving to the party the right of trial by 
Jury, according to the law which nfiakes provilion for the re- 
covery of damages happening by laying out public highways. 

Sect. 2. And be it further enaEled.f That if faid Corpora- 
tion, their toll-gatherers and others in their employ, foall unrea- 
fonably delay or hinder any traveller or paffenger at faid gate> 
or fliall demand or receive more toil than is by this A61 eilab- 
lifhed, the Corporation lliall forfeit and pay a fum not exceed- 
Pfnalf'forun- '^g ^^^^ dollars .^ nor lefs than one dollar^ to be recovered before 
rcafonably de- any Juftice of the Peace in either of the counties aforefaid where 
taming paffen. ^^ offence fhall be committed, by any perfon injured, delayed 
*^ ' or defrauded, in a fpecial a£l:ion on the cale \ the writ in which 

fliall be ferved on the Corporation by leaving a copy of the fame 
with the Treafurer, or with Ibme individual mem.ber of the 
faid Corporation, living within the county wherein the offence 
fhall be committed, or reading the contents thereof to faid 
Treafurer or individual member, at leaft feven days before the 
day of trial ; and the Treafm-er of laid Corporation, or individ- 
ual m.ember, fhall be allowed to defend the fame fuit in behalf 
To pav dama- of the Corporation. And the Corporation lliall be liable to pay 
gesby'defeiftof all damages which fhall happen to any perfon from whom toll 
bridges, &c. is by this Act demandable, for any damages which fhall arife 
from defedl of bridges, or want of repairs within the fame way j 
and Ihall alfo be liable to a fine, or prefentment of the Grand 
Jury> for not keeping the fame way or bridges thereon in good 
repair. 

Sect. 3. Atid be it further etwctedy That if any perfon fhall 
cut, break down or deftroy the faid turnpike gate, or ihall 
forcibly pais, or attempt by force to pafs the fame, without hav- 
ing firft paid the legal toll at iucli gate, fuch perfon fhall forfeit 
p.,j,.i. ,r^ f and pay a lum not exceeding /or/jy dollars^ nor lefs than two dol- 
ciblypaiTinotJae lars-^ to be recovered by the Treafurer of the faid Corporation, 
turnpike gste. to their ufe, in an action oftrefpafs. And if any perfon ihall 
with his carriage, team, cattle or horie turn out of the i';ud road 
to pafs the faid turnpike gate, on ground -.'djacent thereto, with 
intent to avoid the payment of the toll due by virtue of this A£t, 
for endea- f^^^JT, perfon fliall forfeit and pay three times fo much as the le- 
the""uirnpjke E^^ *^^^ would have been, to be recovered by the Treafurer of 
without paying the faid Corporation, to the ufe thereof, in an aftion of debt on 
toll- the cale. Provided, That nothing in this Aft Ihall extend to 

entitle the faid Corporation to demand toll of any peribn who 
to^^a"nd ^"fro^m ^^^^ '■'^ pafllng with his horfe or carriage to or from public 
public worfhip worfhip, or with his horfe, team or cattle, or on foot, to or from 
or tlicir labour ]^ls common labour on his farm, or to or from any mill, or on 
.a -c A oni toll, f-j^e commo-n an<l ordinary bufinefs of family concerns: And 
provided alfo. That tlie £iid Corporation fhall not demand 
any toll for faid turnpike road, when the fame fhall be made 

on 



SECOND MASS. TURNPIKE. March 8, An.1797. 133 

on the public highway now exifting, nor ereirt any gates thereon, 
until the Court of General Sellions of the Peace Ihali have dif- 
continued the fame. 

Sect. 4. And be it further etiaSied, That the fhares in the Shares are per- 
faid turnpike road fliall be taken, deemed and conlidered to be property, 
perfonal eftate, to all intents and purpofes. 

Sect. 5. And be it further enaBed^ That there fhall be a 
meeting of the faid Corporation, held at the houle of Ehene-zer Firfl meeting, 
Montague^ innholder in Charlemonty in the county of Hampfm-e^ 
on the firfl Monday of May next, for the purpofe of choofing 
a Clerk, and fuch other officers as may then and there be agreed 
upon by the faid Corporation, for regulating the concerns there- 
of ; and that the faid Corporation may then and there agree up- 
on fuch method of calling meetings in future, as they may judge 
proper. 

Sect. 6. And be it further enaSlcd^ That the books of the 
faid Corporation fhall at all times be fubjeft to be infpedled and Books to be ex- 
examined by a committee to be appointed by the General Court. ^"^^"^°'^* 

Sect. 7. And he it further enaciedy That the faid Corpora- 
tion, at the place or places where the toll fhall be collected, fhall 
eredt and keep conflantly expofed to view, a fign or board with , ^"^"^^^ '^** 
the rates of toll of all the tollable articles, fairly and legibly writ- 
ten thei'eon in large and capital letters. 

Sect. 8. And be it further enacted. That the General Court 
may dilTolve the faid Corporation, wb.enever it fhall appear to niav^brdLflblv- 
their fatisfadtion, that the income arifing from the faid toll lliall ed. 
have fully compenfated the faid Corporation for all monies they 
may have expended, in purchafing, making, repairing and taking 
care of the laid road, together with an intereft thereon, at the 
rate of tiL-e!ve per centum by the year ; and thereupon the prop- 
erty of the laid road fhall be vefied in this Commonwealth, and 
be at their difpofal : Provided, That if the faid Corporation Provifo. 
Ihall neglect to complete the faid turnpike road for the fpace 
of four years from the paffing this Adt, the fame fhall become 
void and of none efte<Sl. 

Sect. 9. And he it further enacted, That the faid Corpora- 
tion fhall, v/ithin fix months after faid road is completed, Ejpenfes and 
lodge in the Secretary's office an account of the expenfes there- income of the 
of; and that the faid Corporation fliall annually exhibit to the turnpike to be 
Governor and Council a true account of the income or dividend ^^ 
arinng from the faid toll, with their neceflary annual difburfe- ^ 
ments on faid road ; and their books fhall at all times be fubjedt 
to the infpedtion of the Governor and Council when called for. 

Sect. 10. And be it further enacJed,Th?it the prefent inhab- 
itants, living on Barnardjlcwn Gra?it, Lock' f Grant, fo called, Tree toll tocer- 
and Samuel Patter, living on faid Mountain, and their families, *^'" P^''^'°"*- 
Ihall, foi the fpace of feven years after faid gate fhall be opened, 

pafs 



134 UPPER BRIDGE. March ^, An.iygy, 

pafs toll-free on all occafions, with their teams, horfes and car- 
riages, unlefs faid carriages are employed in tranfporting houfe- 
hold goods or merchandize of any kind, from town to town, 
through faid turnpike road. 

[This Adl paffed March 8, 1797.] 

An ACT for incorporating certain Perfons for the 
Mtfctll^ot: purpose of building a Bridge over Eajiern River, 

near Liihgow's Mills, in the Town of Drefden. 
Preamble. "^IT THERE AS the erefting a Bridge over Eafeni River, in 
\ Y tlie town of Drefcletiy near Lithgonjo's Mills, would be of 
great public utility, and Edmund Bridge and others have peti- 
tioned this Court for an Adl of incorporation to empower them 
to build faid Bridge : 

Sect. i. Be it therefore enaEled by the Senate and Houfe of 
Reprefeniatives , in General Court ajfembled, and by the authority of 
. . the fame, TlriX. Edmund Bridge, Thomas Rice, TsxiA Abiel Wood, 
porated. '""^" ^^'^uii'^s, James N. Lithgcw and William Patterfon, with all 
thofe who have alTociated for the purpofe, together with all 
thole who fhall hereafter become Proprietors in faid Bridge, 
fhall be a Corporation and Body Pohtic, under the name of 
The Proprietors of the Upper Bridge on Eaflern River ; and by 
that name may fue and proi'ecute, and be fued and profecuted 
to final judgment and execution, and do and fuffer all other adts 
and things which Bodies Politic may and ought to do and fuf- 
fer, and that faid Corporation fhall have full power and authority 
to make, have and ufe a common feal, and the fame to break, 
' alter and renev/ at pleafure. 

Sect. 2. Jnd be it further enaEled, That the faid Edmund 
Meeting to be ^^idge may, by advertifement publillied in the Telegraph printed 
called by ad- in Po-xvnalborough, warn a meeting of the aforeliiid Proprietors, to 
vcrtifement. ^g holden iq Drefden aforefaid, at any fuitable time after fourteen 
days from the publication of fuch advertifement ; and that the 
faid Proprietoi-s, by a vote of a majority of thofe prefent, ac- 
counting and allowing one vote to each fhnre, (provided no per- 
fon Ihall be entitled to more than ten votes) fhall choofe a Clerk, 
who fhall be fworn to the fliithful difcharge of his ofTice ; alfo-j 
may at the fame or any fubfequent meeting, choofe fuch other 
officers as may be found neceflary for managing the bufinefs of 
faid Corporation ; and fl;all agree on a method for calling future 
meetings, and at the fame or any fubfequent meeting, may make 
and cftablifli fuch rules and regulations as fhall be deemed con- 
venient or neceflary for regulating the laid Corporation, effccSt- 
iug, completing and executing the purpofe? aforefaid, and for 
colleding the toll herein granted ; and the fame rules and regu- 
FraVy limit- jations may caufe to be kept and executed, and for the breach of 
any of tliem m.ay order and enjoin fines and penalties not ex- 
ceeding 



UPPER BRIDGE. M^rc^ 8, An. 1797. 135 

ceeding thirteen dollars and thirty-three cents. Provided faid rules 
and regulations be not repugnant to the Conftitution and Ia\vs 
of this Commonwealth. 

Sect. 3'. And be it further enaBed^ That faid Bridge fliall Situation. 
be erected over faid Eajlem River between Lithgoius Mills and 
Damafcus Pointy fo called, fhall be built of good and fufficient ^^^ff^'als, di. 
materials, not iefs than twenty-four feet wide, and well covered crave'niences" 
with plank or timber fuitable for fuch Bridge, with fufficient 
rails on each fide for the fafety of paflengers. And for the 
convenient paflage of rafts down faid river, there fhall be left 
over the channel of the fame, the width of thirty feet without 
any piers or any other obfl:ru£tion : and in the fame place, the 
Bridge aforefaid fhall be built fufficiently high from the water, 
for veffels without mafts to pafs under. 

Sect. 4. And be it further enaEied by the authority aforefaidy 
That for the purpofe of reimburfing the faid Proprietors of the 
Upper Bridge on Enflern River, the money expended and to be 
expended in building, fupporting and keeping in repair the 
faid Bridge, and for indemnifying them for their rifk, a toll 
be, and hereby is granted and eftabliflied for the fole benefit of 
faid Corporation, according to the rates following, viz. For each Toll, 
foot palTenger pafiang faid Bridge, two cents ,- one perfon and a 
horfe, fx cents ,- a fingle horfe-cart, fled or fleigh, ten cents ,- 
each wheelbarrow, hand-cart and every other vehicle capable of 
carrying a like weight, four cents ,- each team, including cart, 
fled or fleigh, drawn by more than one beaft, not exceeding 
four, twelve cents and a haf; and for every additional beaft 
above four, two cents each ; each fingle horfe and chaife, chair 
or {v^\lQy ,fixteen cents ,- each coach, chariot, phaeton and curri- 
cle, thirty-five cents ; neat cattle or horfes exclufive of thofe rode 
-on or in carriages or in teams, two cents each ; fiieep and fwine, 
for each dozen, //.v cents ; and at the fame rate for a greater or 
Iefs number. And in all cafes the fame toll fliail be paid for 
all carriages paffing faid Bridge, whether the fame be loaded or 
not. And to each team one man and no more fliall be allowed 
as a driver to pafs free of toll. And the toll fliall commence at 
the day of the firfl opening of the Bridge aforefaid, for pafien- 
gers, and fliall continue for and during the term of feveiity 
years from the faid day, and be collefted as fliall be prefcribcd 
by faid Corporation., Provided, The faid Proprietors Ihali at 
all times keep the faid Bridge in good and pafTable repair. And 
at the end of the laid term of feventy years, the propejly or the 
faid Bridge fliall enure to and be vefted in this Commonwealth. 

Sect. 5. And be it further enaEied, i:\x2X xitX^^^zx'iiQ^Q^^o-'^"^'^- -""'" «' 
ration fliall negleft or refufe, for the fpace of five years from 
the paffing this Adl, to build and complete the faid Bridge, then 
this A61 fliall be void and of no effedl. 

[This Aa paflTed March 8, 1797.] 

Aa 



136 NORTHFIELD AQUEDUCT. M^r^y^ 9, An. 179;. 

An ACT to incorporate Solomon Vofe^ and others, Pro- 
prietors of an Aqueduct in Northjield. 

Q T)E it enaEied by the Senate mid Houfe of Reprejenta- 

' -^ tives, in General Court ajfembledi and by the author' 

ity of the fame y That Solomon Vofe, Medad Pomeroy, Caleb Lyman ^ 

''omed '^''^''^' Ed'ward Hr.ghton, Eleazer Stratton, Elijah Maitoon, Eliphaz 

^°"'^ ■ Wrighty Jofiah IVhite, and Samuel Field, all of Northfe/dy in the 

county of Hamjfhire, and fuch other perfons as are or may be 

- affociated with them, be, and they and their fuccelTors hereby 

are conflituted a Corporation, by the name of The Proprietors of 

the Aquedu5l in Northjieldy for the purpofe of conveying water 

by fubterraneous pipes in the town of Northjield. 

Sect. 2. Atid be it further enacfed, That any three of the 
Firll meeting, perfons above named may, by notification to be pofted at the 
houfe of Edward Houghtony innholder in faid Northfeldy call a 
meeting of the faid Proprietor?, to be holden at faid Houghton\ 
on any fuitable time, feven days at leaft after pofting fuch noti- 
fication : And the faid Proprietors, by a major vote of thofe 
prefent or reprefented, as hereinafter provided, at faid meeting, 
accounting one vote to each fhare, fliall choofe a Clerk, agree 
upon the mode of calling future meetings of the faid Proprie- 
To choofe offi- tors, and may alfo elect any other officers which to them may 
Gers, &c. feem necefTary for carrying into etFeft the object of their incor- 

poration. And the I'aid Proprietors, at the fame or any fubfe- 
quent meeting of the Corporation, may enjoin and order fines 
and penalties for the breach of any by-laws, not exceeding thir- 
Qualifications teen dollars for any one breach of faid laws. And all perfons 
oi proxies. appearing at any of faid meetings to reprefent any of the faid 
Proprietors, iliall have therefor an appointment in writing, fign- 
ed by the perfon to be fo reprefented, which fhall be recorded 
by the Clerk of the Corporation ; whofe duty it fliall be truly 
to enter and record in a book to be kept for that purpofe, this 
Aft, and all rules and by-laws, votes and proceedings of the faid 
Books may he Corporation j which book fhall be fubje6t to the infpedlion of 
infpedled. ^y^j perfon or perfons appointed by the Legifiature ; and the 
Clerk of faid Corporation Ihall be fworn to the faithful difcharge 
of the duties of his ofilce. 

Sect. 3. Be it further enaSled, That the faid Proprietors be, 

and they hereby are authorized to enter ilpon and dig up any 

Proprietors highway, for the purpofe of placing fuch pipes as may be necef- 

may dig up fary to complete faid Aqueduct, or of repairing the lame : Pro- 

highways. 'uided they do not thereby impede the pafling of travellers. 

Sect. 4. And be it further enaBed, That any fliare or fliares 

Cafe of attach- in faid property fhall be liable to attachment on tnefne procefs^ 

merit. and fuch attachments fhall be made by leaving an attefted copy 

of fuch procefs with the Proprietors' Clerk at the time of ilich 

attachment } 



SALEM, &c. AQUEDUCT. March g. An. 1797. 137 

attachment ; and fach fliare or Ihares may be fold on execu- 
tion, in the fame manner as is or may be provided for the fale 
of perfonal property by execution, the officer making fale leav- 
ing a copy of the execution, with his return on the lame, with 
the Clerk of the Proprietors within ten days after fuch fale. 

Sect. !J. Be it further enaBed, That any perfon wilfully 
injuring faid Aquedu<ft fhall be fubje£l to the fame penalties as Perfons I'njur- 
are provided in the fecond feftion of an Aft, entitled, « An A^l ing Aquedud. 
for the more effeftually preventing trefpafles in divers cafes," 
pafled in the year of our Lord one thoufand kv&n hundred and 
eighty-five, and fliall be liable to make good all damages fo 
done to faid Proprietors. 

[This A£t palTed March 9, 1797.] 

An ACT to incorporate William Gray, jun. and. oth- 
ers, for the Purpofe of bringing freih Water- into 
the Towns of Salem and Danvers, by fubterraneous 
Pipes. 

p D^ it cnacfed by the Senate and Hotife of Reprefenta- 

' ' ^ tivesy in General Court affemhkd^ and by the author- 
ity of the fame. That the faid Willimn Gray, jun. and Joflnia perfons iacor- 
Ward, both of Salem, and Edward Southwick, of Danvers, and porated. 
all fuch other perfons as are or may be affociated with them, 
be, and they and their fucceifors hereby are conftituted a 
Corporation, by the name of The Proprietors of the Salem and 
Danvers AqueduEl, for the purpofe of conveying frelli water 
by fubterraneous pipes into the towns of Salem and Dan- 
gers. 

Sect. 2. Be it further enaEled by the authority af ore/aid. 
That the faid Corporation fhall have power to purchafe, — may hold 
take or hold any real eftate neceffary for the purpofe of ^^^^ *=^^*^* 
their inftitution, not exceeding the fum of thirty thoufand dol- 
lars in value. 

Sect. 3. Be it further ennFfed, That any two of the Pro- 
prietors aforenamed may, and they are hereby empowered ^""^ mecunjj. 
to call a meeting of faid Proprietors by a notification pub- 
li£hed in the Salem Gazette, at leaft feven days previous to 
fuch meeting ; at which meeting faid Pi'oprietors fliall choofe 
a Clerk, whofe duty it fliall be fairly and truly to enter 
and record in a book or books for that purpofe to be pro- 
vided and kept, this Aft, and all the rules, by-laws, votes and 
proceedings of faid Corporation, which book or books fhall 
at all times be fubjeft to the infpeftion of any perfoa for that 
purpofe appointed by the Legiflature, and the faid Clerk 
fhall be fworn to the faithful difcharge of the duties of his 
office ; and at the fame meeting faid Proprietors fliall eleft ^ffi«rs to ^€ 

fuch 

Vol. IL S 



138 SALEM, Sec. AQUEDUCT. March 9, An.1797. 

fuch number of Dire<Stors to manage the prudential bulinefs 
of faid Corporation, as to them {hall feem expedient ; and 
fuch Diredl'ors, as well as thofe which at any meetings there- 
after may be chofen, fhall have power from time to time to 
Afkfhnents aiTefs fuch taxes on the Proprietors of the fliares in faid 
Aquedu<St, as they fhall deem to be neceffary ; and on the 
neglecSt" or refufai of any Troprietor to pay fuch tax, to fell 
Share may be fo nuany of his or her fliares at vendue, as will pay his or 
fold when ai- j^gj^ jaxes^ after advertifing the fale of fuch fhare or fhares in the 
•10' ciid Salem Gazctti'y for the fpace of ten days, at leaft, previous 

thereto ; the overplus, (jf any there be) after the payment 
of iuch taxes and the charges of fale, to be paid to the own- 
er of the fliare or fliares fo fold. And the faid Proprie- 
tors may at faid meeting elect any other officers which 
to them may feem neceffary for carrying into effect the 
obje£l: of their inllitution, and may agree upon a mode of 
calling future meetings of faid Proprietors. 

Sect. 4. Jtid be it further enacted^ Tliat the faid Fropri- 
Fines may be ctors may enjoin and order fines and penalties for the 
eftablifhed. breach of any by-laws thereof, not exceeding th'uteen dollars 
for any one breach. 

Sect. 5. Be it further enacled^ That each Proprietor 
Each {hare to fliall be entitled to one vote at any meeting of the 
have a vote. Proprietors for each and every fliare he fliali hold or be 
entitled to in faid AqueduiSl : Pfoindcd^ That no Proprietor 
, Ihall be entitled to more than ten votes. And all perfons 

Proxies. appearing at any meeting to reprefent any of the faid Pro- 

prietors, fliall have therefor an appointment in writing, 
iigned by the perfon to be repiefented, which fliall be 
filed with or recorded by the Clerk of the Corporation. 
Sect. 6. And he it further enacted by the authority ajorefaidj 
Highways may That the faid Proprietors be, and they hereby are author- 
be dug up, ized to enter upon, dig up and open any part of the 
ftreets, highways, or town ways in Sa!e}n or Danvers^ or 
any town adjoining or near to them, or either of them, 
for the purpofe of placing fuch pipes as may be neceffary 
for the building and completing of faid Aqueducl, or of 
Provifo. repairing the fame when requilite : Provided, That the faid 

flreets, highwiiys or town ways fhall not be dug up or op- 
ened by the faid Proprietors in fuch manner as to obftrutft 
or hinder the citizens of the Commonwealth from pafling 
therein with their teams and carriages with convenience. 

Sect. 7. y4nd be it further enaBed, That if any perfon 

fliall malicioufly or wantonly injure faid AqueducSt, he or 

fhe, upon indidlment and convidliion thereof in the Supreme 

Penalty for in- Judicial Court, may be punifhed by fine not exceeding three 

juring Acjue- hundred dollars, at the difcretion of the fame Court, one half 

dud. thereof to go to the profecutor, and the other half thereof to 

the 



NORWAY. March g,An.iygy. 139 

the ufe of the town where the ofxence is committed ; and (hall 
be liable to pay treble damages to faid Proprietors, to be re- 
covered by action of the cafe. 

Sect. 8. ^nd be it further etiaBedy That the towns of 
Salem and Danvers, fcverally, fliall have the privilege of ^^l^l^f ^°. \ 
placing condaccors mto the pipes or conductors laid by the gj-e. 
laid Corporation for the purpofe of drawing fuch water 
therefrom, as may be necelTary when any n"ianiion-houfe, 
barn, or other building Ihall be on fire in either of the 
laid towns •, and to draw water therefrom, on fuch occa- 
lions, without paying the fciid Corporation any price there- 
for : Provided^ That fuch town ihall be held to fecure fuch 
conductor, fo placed by the fame, in fuch manner that 
water cannot be drawn therefrom, unlefs by the orders of 
the Seleftmen or Firewards of the town where the fame 
may be placed. 

[This A€t palled March 9, 1797.} 

An ACT to incorporate fv^veral Tracts, or Grants of 
Land, lituate in the County of Cumberland, into a 
Town by the Name of Narway. 

o T)E it enaclcd by the Senate and Houfe of Reprefenta- 

■'-' tives, in General Court ajfembled, and by the author- 
ity of the fame^ That one tra<5l or grant of land, known by ^--^"^ defcribr 
the name of Ruff eld ; another by Lee^s Grants a third by 
Cuvimings Grant, together with the three tier of lots which 
formed a part of the plantation of JVaterfrd, lying next to and 
adjoining the eallrerly fide of faid plantation, the outlines of 
the faid town of Norivavy being as follows, viz. Beginning at Boundaries in- 
a: certain birch tree. Handing on the wefterly fide line of corporated. 
Paris, and on lot number thirt^jen, well marked ; thence 
running northerly, one thoufand one hundred and iixty rods, 
by faid Paris line to a fpruce tree, marked •, thence fouth, 
feventy-lix degrees weft, one thoufand and four rods, to a ce- 
dar tree, ftanding on the eafterly fide line of Cummings 
Grant ; thence north, twenty-five degrees weft, fifty-five 
rods, to the north-eafterly corner of faid Cummings Grant ; 
then fouth, lixty-five degrees weft, four hundred and 
eighty rods, to the eafterly fide line of faid plantation ; 
then north, twenty-live degrees weft, on faid eafterly 
line of faid plantation, about three hundred and thirty 
rods, to the north-eafterly corner of the plantation afore- 
faid ; then fouth, ftxty-five degrees weft, on the northerly 
fide line of faid plantation, crofting three tier of lots, to the 
dividing line between the third and fourth tier of lots, from 
the aforelaid eafterly lide line of faid plantation 5 then fouth, 

twenty-fiv^ 



140 THIRD MASS. TURNPIKE. Marcb g.An.ijgy. 

twenty-five degrees eaft, on faid dividing line, by the town 
of Waterford, as incorporated, to the foutherly fide line of 
faid plantation •, then north, lixty-five degrees eaft, on faid 
foutherly fide line of faid plantation, crofling the ends of the 
aforefaid three tier of lots, about three hundred and thirty 
rods to the fouth-eafterly corner of faid plantation ; then 
fiauth, twenty-five degrees eaft, by Phillip's Gore, (fo called) 
fix hundred and twenty-four rods, to Hebron line -, then 
north, fifty-four degrees eaft, by faid Hebron line, about one 
thoufand and feventy-four rods, to a tree ftanding in the 
wefterly fide line of Farisy marked ; then northerly, by faid 
Parjsy about nine hundred and feventy rods to the firft bound, 
together with the inhabitants thereon, be, and hereby are 
incorporated into a town by the naine of Norway, and the 
faid town of Norway is hereby invefted with all the powers, 
privileges and immunities which other towns in this Com- 
monwealth, do, or may by law enjoy. Provided neverthelefsy 
That JVaterford, as incorporated, exclufive of the beforemen- 
tloned three eaflern tier of lots, are and iLall be entitled to 
four-fifths of all public lots lying within the aforefaid three 
tier of lots. Provided aljo. That no taxes of any kind be 
laid on any part of the land contained within the bounds of 
Lee's Grant, until the expiration often years from the pafliing 
of this A(St. 

Sect. 2. Be it further enacled by the authority aforefaid, 
That E7ioch Perky, Efq. be, and he is hereby empowered to 
F.rft meeting, iflue his warrant, dire^ed to fome fuitable inhabitant of the 
faid town of Norway, requiring him to notify and warn the 
inhabitants thereof, to meet at fome convenient time and 
place for the purpofe of choofing all fuch officeis as towns 
are by law required to choofe in the months of March or 
April annually. 

[This A»R: pailed J'LiTi/-' 9, 1797.] 

Additional ^j-^ ACT eflablifliinc!: the third Mciffacbufetts Turnpike 

A6t, June 17, - 7^ Uy J i 

3797,J-nea7, Corporation. 

^7^8. "^■^"THEREAS the highway leading from Northampton 

Preamble. VV ^^ Pittsfeld, is rocky and mountainous, and the ex- 

penfe of flraightening, making and repairing the fame, through 
the towns of Wejlhajnpton, V/dliamfourgh, Cheflerfidd, Worth- 
liigion, Partridgcfield and Dalton, lb as that the fame may be 
convenient for travellers with horfes and carriages, would be 
much greater than ought to be required of the faid towns : 

Sect, j . Be it therefore enacled by the Se/i.ite and Hoiife of 
Reprefentatives, in General Court affembled, and by the authority of 
Fcrfons incor- the fame, That Jonah Brenv/ler, Elijha Brewfer, Jonathan Brew- 
porated. j}^,,^ Robert Breck,, Samud Buffngton, Trifrnm Browning, Wil- 

liam 



THIRD MASS. TURNPIKE. M^rr/j 9, An. 1797. 14, 

Ham Butler^ Benjamm Batcsy BenjcWiin Bonny^ Amaja Clapy 
Timothy Chi/Jsy Joflma Danfcrthy Jo/Jab Dickenforiy Oliver Ed- 
wards, Willtara Ed'wardsy Nathafiiel Edwards^ Nahum Eogur, 
William Gove, jun. Thomas Gold, John Hqfllngs, Ebenezer Hunty 
Samuel He fjljaiv^ Samuel Hifickley, Hezekiah HuichinSy Charles Kiddy 
Mofes KinJleyyEbene%er Lane, Simon Larnedy Erajrus Lyman, Jofeph 
Lyman, jun. Jojiah Mills, Rufus MarJJj, Jofeph Marp, Ebenezer 
Mattoon, ']un. Ebetiezer Pierce,'WilUam Williams, Charles Phelps, 
Qiiartiis Pomeroy, Benjamin Parfons, Spencer Phillips, Benjamin 
Pierce, Afahel Pom.eroy, Benjamin Prefcott, Caleb Strong, Ezra 
Starkivater, Levi Shepard, John Stone, James Siuan, Nathaniel 
Tracy, Peter Thomofon, Benjamin Tappan, Henry Van Schaack, 
John Chandler Wiliiams, Jonathan Woodlridge, Cotftder White, 
and all fuch perfons as fliall be aflbciated v/ith them and their 
fuccelTors, be, and they hereby are conftituted a Corporation 
by the name of The third MaJJlichufetts Turnpike Corporation, for 
the purpofe of laying out and making a Turnpike road from ^^"Toi'*- 
the eall: lide of Roberfs Hill, fo called, in Northampton, by the 
forks of the road leading from Dalton meeting-houfe to Wind" 
for, in the county of Berk/Jjire, near the houle formerly owned 
by Major Jeremiah Cady, to the eaftwardly line of Pittsfeld, 
and for keeping the fame in repair, in fuch place or places 
as the faid Corporation Oiall choofe for the fame, which road 
ihall not be lefs than four rods wide, and the path to be 
travelled on not lefs than eighteen feet in width in any 
place. And, that when faid Turnpike road fliall be fuffi- 
ciently made, and fliall be fo allowed and approved by the 
Juftices of the Supreme Judicial Court, at any term thereof 
in any county in this Commonwealth, then the faid Corpora- 
tion fliall be authorized to erect three Turnpike gates on the p ^ ^ . 
fame, in fuch manner as fhall be necelTary and convenient ; xl&.cA. 
one of which gates fhall be near the houfe where the faid 
Nathaniel Edwards now keeps an inn ; one other near the 
bridge over Wejifield River, in CheJlerfeld ; and the third 
gate near the inn now kept by Samuel Hafcall, in Patridgefield, 
and fhall be entitled to receive from each traveller and palTen- 
ger, at each of the faid gates, the following rates of toll, viz. 
for every coach, phaeton, chariot, or other four wheel carriage 
drawn by two horfes, twenty-five cents ; and if drawn by more '^°^' ' 
than two horfes, an additional fum of four cents for each 
horfe •, for every cart, waggon, fled or fleigh, drawn by two 
oxen or horfes, ten cents, and if by m^ore than two, an addi- 
tional fum of three cents for every fuch ox or horfe ; for 
every curricle, ten cents; for every chaife, chair or other carriage 
drawn by one horfe, nine cents ,- for every itian and horle, 
jive cents ; for all oxen, horfes and neat cattle, led or driven, 
belides thofe in teams and carriages, three cent.; each ; for all 
flieep and fwine, three cents by the dozen, and in that propor- 
tion 



142 THIRD MASS. TURNPIKE. March 9, An. 1797. 

tion for a greater or lefs number. Provided, That no toll fliall 
be taken of any perfon paffing faid road on military dury. 
Sect. 2. And be it further eiia^ed, Tliat the faid Corpo- 
a'^take ""id ^^^^on may purchafe and liold any land over which they 
paying for it, ' may make the faid road ; and the Juflices of the Court of 
General Seflions of the Peace in fuch county are hereby 
authorized, on application from the fiiid Corporation, to lay 
out fuch road, or any part thereof vitiiin their refpeftive 
jurifdi£lions, as with the confent of faid Corporation they 
may deem proper ; and the faid Corporation fliall be holden 
to pay all damages which fliall arife to any perfon by taking 
his land for fuch road, where it cannot be obtained by vol- 
untary agreement, to be eftimated by a Committee appointed 
by the Court of General Sefllons of the Peace in the coun- 
ty in which fjch damage fhall arife, faving to either party 
the right of trial by Jury, according to the law which makes pro- 
vifion for the recovery of damages happening by laying out 
public highways. 

Sect. 3. j^nd be it further enacled. That if faid Corpo- 
ration, their toll-gatherers, or others in their employ, fliall un- 
reafonably delay or hinder any traveller or paflenger at ei- 
ther of the faid gates, or fhall demand or receive more toll 
than is by this A£t eftablilhed, the Corporation fliall forfeit 
,,^^^, "''""' and pay a fum not exceeding ten dollars^ nor lefs than o7ie dol" 
laying travel- ^"''"> to be recovered before any Juftice of the Peace of the 
lers. county where the offence Ihall be committed, by any perfon 

injured, delayed or defrauded, in a fpecial action on the 
cafe \ the writ in which fliall be ferved on the faid Corporation 
by leaving a copy of the lame Avith the Treafurer, or with 
fome individual member of the Corporation, living within the 
county wherein the action may be brought, or reading the 
contents thereof to the faid Treafurer or individual member, 
at leall: feven days before the day of trial ; and the Treafurer 
of the faid Corporation, or individual member, fliall be allow- 
ed to defend the fame fuit in behalf of the Corporation ; 
To pay dania- ^nd the Corporation fliall be liable to pay all damages which 
ges for atci- j(]^,j^ happen to any perfon from whom toll is by this A(5l 
pairs are ne- demandable, for any damages which Ihall arife from defeat 
gkflcd. of bridges, (excepting the bridge over Wef field River in Chfer- 

feldy and the bridge at the foot of S?inke Hill in Worthivgton^ 
which are ftill to be kept up by the faid towns of Chtfier- 
field and WortbingtonJ or want of repairs within the lame 
v/av, and fliall alfo be liable to a fine, on prefentment of 
the Grand Jury, for not keeping the iame way, or the bridges 
thereon, except as aforefaid, in good repair. 

Skct. 4. A?id be it further enaBed, That if any perfon 
fhall cut, break down, or deftroy any of the faid Turnpike 
gates, or fliall forcibly pafs, or attempt by force to pafs the 

fame, 



THIRD MASS. TURNPIKE. March 9, An.1797. H3 

fame, without having firft paid the legal toll at fuch gate, 
fuch perfon Ihall forfeit and pay a fine not exceeding fifty Penalty for in- 
ciollars, nor lefs than two dollars^ to be recovered by the Treaf- j^^ing the 
urer of the faid Corporation, to their ufe, in an aftion of P*^"'. °^ ^'." 

r r \ J -r r -ii- i temptinj^ lorci- 

trefpafs : And 11 any perfon mail, with his cattle, team, bly to pafs. 
carriage or horfe, turn out of the faid road, to pafs any of 
the faid Turnpike gates, on ground adjacent thereto, and 
again enter on faid road, Avith intent to avoid the toll due 
by virtue of this Acl, fuch perfon {hall forfeit and pay three 
times fo much as the legal toll would have been ; to be re- 
covered by the Treafurer of the faid Corporation to the ufe 
thereof, in an a6lion of debt on the cafe : Provided, That Previlb. 
nothing in this AcSfc fliall extend to entitle the faid Corpora- 
tion to demand toll of any perfon who Ihall be paffing with 
his horfe or carriage to or from public worfliip, or with his 
horfe, team or cattle, or on foot to or from his common la- 
bour on his farm, or to or from any mill, or on the common 
and ordinary buiuiefs of family concerns within the fame 
town. 

Sect. 5. And be it further enacted. That the fhares in 
the fame Turnpike road ihall be taken, deemed and con- 
lidered to be perfonal eftute to all intents and purpofes, 
and fliall and may be transferable ; and the mode of trans- Shares may be 
ferring faid fliares Ihall be by deed, acknowledged before transferred. 
a Juftice of the Peace, and recorded by the Clerk of the 
faid Corporation in a book to be kept for that purpofe ; 
and when any of faid fhares Ihall be attached on 7ncfne tnay be at- 
p'-ocefs, an attefted copy of fuch procefs fliall at the time 
of the attachment be left with the Clerk of faid Cor- 
poration, oiherwife fuch attachment ihall be void. And 
fuch fhares may be fold on execution, in the fame man- 
ner as is or may by law be provided for the fale of per- 
fonal property by execution •, the oflicer making the fale or the 
judgment creditor leaving a copy of the execution and of 
the officer's retm-a on the lame, with the Clerk of the 
Corporation, within ten days after fuch fale, and paying for 
recording of the fame. 

. Sect. 6. And he it further enacted. That a meeting of the -^-^^ msetino. 
faid Corporation fliall be held at the houfe of Timothy Aleach, 
inn holder in IV orthington aforefaid, on the firft Tuefday oi April 
next, for the purpoie of chooiing a Clerk and fuch other ofli- 
cers as may then and there be agreed upon by the laid Corpo- 
ration, for regulating the concerns thereof, and that the faid 
Corporation may then and there agree upon fuch method of 
calling meetings in future as they may judge proper. 

Sect. 7. And be it further enacted. That the faid Corpo- 
ration, fliall, within fix months after the faid road is com- Eftip^atc ofes- 
pleted, lodge in the Secretary's office an account of the ex- penfe to be ex- 
pen fes ^^'^'^'^'i'. 



144 THIRD MASS. TURNPIKE. March 9, An.1797. 

penfes thereof; and that the faid Corporation fhall annually 
exhibit to the Governor and Council a true account of the 
income or dividend arifing from the faid toll, with their 
neceffary annual difburfements on faid road, and that the 
books of the faid Corporation fhall at all times be fubjedl to 
the infpe£lion of a Committee to be appointed by the Gene- 
ral Court ; or to the infpeftion of the Governor and Council 
when called for. 

Sect. 8. And be it further e?2aBed, That whenever any 
Proprietor fhall neglect or refufe to pay any tax or aiTelT- 
V ment, duly voted and agreed upon by the Corporation, to 

their Treafurer within fixty days after the time fet for the 
payment thereof, the Treafurer of faid Corporation is hereby 
f 'id^^' h"n^ af- 'Authorized to fell at public vendue the fhare or fliares of 
feffments are fuch delinquent Proprietor, one or more, as fhall be fufK- 
not paid. cient to defray faid taxes and the neceffary incidental char- 

ges, after duly notifying in the newfpapers printed at North- 
amptotiy Springfield and Stochhridgey the fum due on any fuch 
fhares, and the time and place of iaie, at leafl twenty days 
previous to the time of fale ; and fuch fale fhall be a fuffi- 
cient transfer of the fhare or fhares fo fold to the perfon pur- 
chafing ; and on producing a certificate of fuch fale from the 
Treafurer to the Clerk of laid Corporation, the name of fuch 
purchafer, with the number of fhares fo fold, fliall be by the 
Clerk entered on the books of faid Corporation, and fuch pur- 
chafer fliall be confidered to all intents and purpofes the Pro- 
prietor thereof ; and the overplus, if any there be, fliall be 
paid on demand by the Treafurer to the perfon whofe fliares 
w-ere thus ibid. 

Sect. 9. And be it further enaBed, That the faid Corpora- 
Signi-board to tion fhall, at all places where the faid toll fliall be collected, 
be erecfted. erect, and keep conftantly expofed to view, a fign or board, 
with the rates of toll of all the tollable articles fairly and legi- 
bly written thereon in large or capital chara<fters. 

Sect. 10. And be it further enaSled^ That the General 
Corporation Court may difTolve the faid Corporation whenever it fliall appear 
may be diflolv- jq tlieir fatisfa^tion that the income arillng from the faid toll 
Ifiall have fully compenfated the faid Corporation for all mon- 
ies they may have expended in purchallng, repairing and tak- 
ing care of the faid road, together with an interefi: thereon at 
the rate oi twelve per centum by the year ; and thereupon the 
property of the faid road fhall be veiled in this Common- 
wealth, and be at their dlfpofal : Provided^ That if the faid 
Time for m;i]c- Corporation fhall neglect to complete the faid Turnpike road 
*"^. '"'■"ri--'^ for the fpace of three years from the pafTmg this Adl, the fame 
fliall become void and of no efl'eft. 

[This Acl palTed March 9, 1797.] 

An 



NEW-MARLBOROUGH. March g, An.1797; 145 

An ACT to incorporate certain Perfons Truftees to 
manage the Funds fubfcribed for the permanent 
Support of the Iviiniilry in the South Parifn in New- 

Marlborough. 

WHEREAS the inhabitants of the South Parlfli in Neio- Preamble 
Marlborough^ in the county oi Bei kj}jirey\\2.\e raifed by 
fubfcription, a fund of three thoufand dollars^ for the fupport of 
the Gofpel Min'ftry in fud parifh, and have petitioned the 
Legiflature for an A6t of Incorporation of certain perfons for 
the due management thereof : 

Sect. i. Be it enalfed by the Senate and Houfe of Reprefenta- 
fives y in General Court offembledy and by the authority of the fame, ^ 
That Jedidiah Wardy Ehetiexer Smithy Phineas Nortony Lovett _ - 
Tafty Gideon Canfeld, Zebadiah jldams, IValter Denny Jofah Whit- pointed. 
ingy and Elihu Wardy be, and they hereby are appointed Truf- 
tees to receive and hold the whole of the monies that are al- 
ready fubfcribed as aforefaid, or that may hereafter be fub- 
fcribed for that purpofe, to the amount oifve thoufand dollars 
in the whole, in truft for the ufe and benefit of faid parifh, and 
the permanent fupport of a Gofpel Minifter therein, and ihall 
be and conftitute a Body Politic and Corporate, to have per- 
petual fucceffion for the due and faithful management of faid ^^Tof"' 
truft, and (liali be veiled with all powers incident to Corpora- 
tions neceffary or requilite for that purpofe. 

Sect. 2. And be it further enaftedy That faid Truftees be- 
forenamed, and their fucceflbrs, be, and are hereby invefted Authorized t» 
with fufiicient power to receive all fuch fubfcrlptions, dona- !!^"''^'^ ["^* 

r • • 1 • • 1 ^ jrimr Icriptions, &c., 

tions, ieturities and monies now m the hands 01 the J realurer and appropri- 

of faid parifli, or any other pcrfon, or that may hereafter be ate them. 

made, given or fubfcribed for the purpofe aforefiid, (provided 

the fame do not exceed fve thoufand dollars in the whole) and 

place the fame at interell on good fecurity, at their difcretion, 

and apply the whole income and annual intereft thereof for 

the fupport and maintenance of fuch Gofpel Minifter of faid 

parilh, but not in any cafe to leiTen or appropriate any part of 

the principal ; and in cafe the whole of faid annual income and 

intereil {hall exceed and be more than iball be neceffary for 

the annual fupport of fuch Minifter, the furplus, if any there 

be, iball be appropriated for the fupport of fchools in faid 

parifti, or any other public ufe, as faid pariili may from time 

to time order and dii-etl. 

Sect. 3. And be it further enacledy That faid Truftees 
fliall make up yearly and every year, a fair account in writing. Yearly a«- 
of their receipts and difburfements, and lay the fame before 1^^"^;"^^^ °^ ^ "" 
the parifh at their annual meeting in March or Aprils for their rifh meeting. 
infpedlion and approbation. 

Sect. 

Vol. II. T 



146 VASSALBORO' DIVIDED. March lo, An.1797, 

Sect. 4. Afid be it further eiiaBed^ That the inhabitants of 

^P „ faid parifh may, at any lau'ful meeting duly warned and called 

be removed & for that purpofe, remove any of faid Truftees from their faid 

others appoint- office, and appoint others in their ftead, and alfo, in cafe of 

^' death, refignation or removal of the faid Truftees or their fuc- 

celTors, faid parifli fhall have power at any fuch meeting to fill 

up any vacancies that may happen from time to time. 

[This Aft palTed March 9, 1797.] 



An ACT to divide the Town of Vaffalborough, in the 
County of Lincoln, into two feparate and diftinct 
Parifhes. 

„ 7^-^ ^^ ^«flr?^J by the Senate and Hoi/fe of Reprefenta- 

-*-^ t'lvps, in General Court ajfembledy and by the author- 
ity of the fame. That the town of Vajfalborough, in the county 
of Lincoln^ be, and the fame is hereby divided into two par- 
ifhes, to be denominated, the North and South Parifli. And 
the dividing line between faid two parifhes fhall be as follows, 
Dividing line. viz. Beginning on the eaflern fide of Kennebcck River., at the 
north-weft corner of lot numbered feventy-feven ; and from 
thence running an eafl-fouth-eafl courfe on the north line of 
faid lot, to the eafterly boundary line of faid town. 

Sect. 2. Jnd be it further ennBed, That all the inhabitants 
Perfons to be- within the limits of the North Parifh, and all the inhabitants 
long to the pa- within the limits of the South Parifli, fhall be confidered as 
rifli in which belonging to the feveral pariflies in which they live ; and the 
they refide. ^-^j^ ^^^,^ parifhen are hereby feverally inverted with all the 
■ powers, rights, privileges and immunities which other parifhes 
in this Commonwealth are invefted with. 

Sect. 3. j4nd be it further enacted y Th-^i Ebe?iezer Farivell, 
Eben. Farvvell £fq, ^^^ ^nd he hereby is authorized and empowered to ifTue 
aut ouze ^° Jiis warrant, directed to fome principal inhabitant in each of 

call hrlt meet- ' .. r ro-i 

ing in the new faid tvvo parifhes, requirmg them relpecbvely to notify and 
parilhcs. warn the inhabitants of their refpective parifhes to meet at 

fuch time and place in each of faid parilhes, as by faid war- 
rant fliall be duly fpeciiied, and then and there rcfpeftively 
choofe fuch ofiicers as may be necelTary to manage the atJairs 
of faid two parilhes, and the inhabitants qualilied by law to 
vote, being alTembled in their refpeftive parifhes, fhall be, and 
they are hereby empowered to choofe fuch officers accord- 

i"gly- , . ^ 

[This Ace pafTed Idarch 10, 1797.] 

An 



now 



DAMARISCOTTA BRIDGE. March lo, An.1797. 1 147 

An ACT for repealing two former A^ls relative ta 
building a Bridge over Damarlfcotta River, in the 
County of Lincoln, and for incorporating certain 
Perfons for the aforefaid Purpofe. 

J)E it enaEled by the Senate and Hoiife of Reprefenta- 

•^-^ fives, in General Court ajfemblcd, and by the author-' 
ity of the fame. That an A£l, entitled, " An A6t Incorporating 
certain perfons for erecting a Bridge over Damarifcotta River, 
in the county of Lincoln^'' palfed February the eleventh, one 
thoiifand feven hundred and ninety-five ; and aho, an A£l in 
addition to the above recited Act, paifed February the thir- p^^.^^^ ^ ^ 
teenth, one thoufand feven hundred and ninety-fix, be, and pealed, 
they hereby are repealed. 

Sect. 2. And be it further enaEled, That John Farley, ~, ^ 
Watermatt Thomas, IVilliam M'Cobb, fames Cavannaugh and incorporated 
Matthew Cjttril, together with thofe who may hereafter aflb- 
ciate with them, and their or any of their heirs and affigns, be, 
and they hereby are conftituted a Corporation and Body Pol- 
itic for the purpofe of erecting a bridge over Damarifcotta River, 
near the falls at the head of navigation on f^iid river. 

Sect. 3. And be it further enacted^ That for reimburfing to 
the faid John Farley, and others beforcnamed, their heirs and 
affigns, the money which may be expended in building and 
fupporting faid bridge, a toll be, and hereby is granted and 
eftablilhed for the fole benefit of the faid John Farley, and 
others beforenamed, their aflbciates, heirs and affigns, for the 
fpace of feventy years, to commence from the day of opening 
faid bridge for paflengers, accoi-ding to the rates following, 
viz. For each foot pallenger, three cents ; for one perfon and 
horfe, eight cents ,- for a fingle horfe-cart, fled or fleigh, eleven 
cents ; for each fleigh drawn by two or more horfes, feventeen ^"''• 
cents ; for each chaife, chair or fulkey, feventeen cents ,• for 
each coach, chariot or phaeton, tiventy-eight cents ; other car- 
riageSj or fleds drawn by two or more beafts, tivelve cents and a 
half ; horfes and neat cattle, exclufive of thofe rode on or in 
carriages or teams, four cents each ; for fwine or flieep, eight 
Cents per dozen, and at the fame rate for a greater or lefs num- 
ber •, and in all cafes the fame toll fhall be paid for all car- 
riages and vehicles paffing faid bridge, whether the fame be 
loaded or not ; and to each team one man and no more 
Ihall be allowed to pafs free of toll ; and at all times when 
the toll-gatherer fliall not attend his duty, the gate or gates fliall 
be left open : Provided however. That the General Court Ihall 
have the right to regulate the toll after the term of twenty years 
fi'om its commencement. 

Sect. 



148 NEPONSET R. FISHERY. Man/j lo, An.iygy. 

Sect. 4. ^ml be it further ettaBed, That the faid bridge 
be buikl''"^ *° Ihall be well built of good and fuitable materials, that it fliall 
be at leaft twenty-four feet wide, with fufficient rails on each 
fide for the fafety of paffePxgers, and be provided with a fuita- 
ble draw or opening through the fame for vefiels to pals. 
— to be kept And the Proprietors or Corporation fhall keep the faid bridge 
in good repair. \^ good, fafe and paffable repair during the time they fliall be 
Proprietors of the fame, which fliall be for the fpace of fev- 
enty years from and after the opening faid bridge for paffen- 
gers •, at the end of which time it fliall be furrendered to the 
Commonwealth, in good repair : And if the faid Corporation 
or Proprietors fliall unreafonably negle£l or refufe to keep faid 
bridge in good repair, as aforefaid, on fuch refufal or negleft 
being made to appear to the Juftices of the Court of General 
Seflions of the Peace in the County of Lincoln^ it ihall be in 
the power of the faid Court to prohibit the Proprietors afore- 
faid from receiving toll from any perfon or perfons palling faid 
bridge, until it fhall be put by them in fuch repair as fliall be 
(Teemed fuflicient. 

Sect. <;■. And he it emiBed by the authority aforefaid^ That 
TImeforbuild- '^^ ^^^^ ^'^^^ Proprietors fliall negleft, for the fpace of four years 
inr;- bridge lim- from the pafling this A(El, to build faid bridge, then this A£t 
Jted. fliall be void. 

[This Act pafled March 10, 1797.] 

An ACT for regulating the taking of Shad, Alewives 
Additionaua, "^^^^ Other Fifh in Nepo7ifet River, and the feveral 
Fcb.19,1799. Streams from the Ponds called Puncapog and Maf- 
fapog. 
q JDE it enaEled by the Senate and Hoiife of Reprefeni- 

ativcSy in General Court ajfemhled^ atid by the au- 
thority of the famey That there fhall be fluice-ways through 
Leeds'' Dam and Al^Lc.ne's Dam, on Ntpinfet Rive/, each eight 
feet in width and in depth, within eighteen inches of the 
mud-fiU j the former within fifteen feet of Leeds-* grift-mill 
. iloom, and the latter where the fluice-way now is. And the 
ed ^""^^ ' O'^^'^'^^s of all other dams, acrofsfaid river Nepcnfet, fliall make 

fluite-ways of the width of eight feet, and in depth, within 
eighteen inches of the mud- fill j and all dams on the brook 
from Majjiipcg Pond to Neponfet River fliall have a fluice-way 
fix feet wide, and as low as the natural Itream j and all dams 
on the brook from Puncapcg Pond to faid Neponfet River fliall 
'have a fluice-way three feet wide, and as low as the natural 
ftream. 

Sect. 2. Be it further enaBed, That the Court of General 
Seflions of the Peace for the county of Norfolk, fliall at their 

Spring 



NEPONSET R. FISHERY. M^rJj lo, An.1797. 149 

Spring feffions, annually appoint a Committee of three difin- a Committee 

terefted freeholders, and not inhabitants of Stoughton, Sharon, t" '^e appointed 

Canton, Dorchefler or Milion, who fhall be fworn to the faith- '" ^"re'i"tend 
'J ' ... opening iluice* 

ful difcharge of their duty, and who fhall determme the tune ways. 
when the fluicc-ways fliall be opened, and alfo when they may 
be fhut ; and may alfo, if they think it expedient and not in- 
jurious to the paffing of faid fifli, direft one half of any fiuice- 
way or fluice-ways to be fliut ; and may open any fuch fluice- 
way on faid river and flreams, at the expenfe of the owner, 
provided the owner neglefts to do it for the fpace of twenty- 
four hours after being notified by faid Committee ; and if upon 
trial the prefent depth of faid fluice-ways Ihall prove iniuffi- 
cient, may, after hearing the parties, order the fame to be 
made deeper : Providtd the depth of faid fluices fliall never be 
lower than twelve inches above the mud-fill : And the faid 
Committee, or any two of them, may in the execution of their 
office, when neceflary, enter on the land or lands adjoining 
faid ftreams, without being confidered as trefpalTers ; and the 
reafonable expenfe of faid Committee fliall be paid, one half 
by the owners of the dams on the rivers and ftreams aforefaid, 
and the other half by the towns of Sbarofi, Stoughton and 
Canton. 

Sect. 3. Be it further enaEled, That if any owner or 
owners, occupant or occupants of any dam, fliall unreafonably 
refufe to open his or their fluice-way, when required by the 
Committee, for the fpacc of twenty-four hours, or fliail refufe, 
for the fpace of fix days after being required by faid Com- 
mittee to make their fluice-way deeper, as provided for by ^.^"^^^y. ^'^^ 
this A6t, he or they fo offending, flaall for each oflence forfeit comniittce. 
and pay one hundred dollars. 

Sect. 4. Be it further enaBed, Thaf in cafe any owner or 
owners, occupant or occupants of any dam, ihall fhut the fame, 
or caufe or fuffer any obllruclion during the time afligned by 
fuch Committee for the pafhng of the fifh, or if any perfon 
fhall, during faid term, caufe any obftructions in any part of 
faid ftreams, or ufe any feine, or drag-net in taking faid fifh, 
or flaall take any of faid lilli except on Mondays, iVedncfdays 
and Fridays in each week, and betwixt fun-ri(ing and' fun-fet- 

ting on each of faid days, or fliall fo divert the water as to f,,j. takJn* 

prevent the return of young tifh, he or they fo offending, fiih at impropt 
fliall for each offence forfeit and pav the fum of tiventy dollars, ^^ tunes, .&;c. 
and ihall forfeit all feines and nets fo ufed. 

Sect. 5. Be it further enacted. That the feveral towns 
adjoining the aforefaid river and ftreams, may at their annual I^^^h town to 
meeting in March or Jpril, choofe three freeholders each, '^^^^^^ ^ ^°^'^' 
to infpect laid fifhery, who fhall be fv/orn to the faithful dif- 
charge of their duty, and fhall complain of all breaches of this 
Act that come to their knowledge, and (hzW, when (.Urc^fted by 



Penakyfor mo- 
lefting Coai" 
mittee. 



Privilege of 
fifhing to be 
farmed. 



150 NEPONSET R. FISHERY. MjrJ^ 10, An. 1797. 

the Committee of Seffions, remove obftruclioiis in faid river 
or ftreams at the expenfe of the perfon cauling the fame : 
And any perfon chofen one of faid Committee, and being 
notified tliereof, and who fliall neglect to take his oath for the 
fpace of {even days, fhall forfeit and pay the fum of Jive 
dollars. 

Sect. 6. Be it further enaBed^ That if any perfon fhall 
moleft or hinder either of faid Committee in the execution of 
their office, he or they fo offending fliall forfeit and pay a fum 
not more \\\i.nfeven^ nor lefs than three dollars. 

Sect. 7. Be it further enacted^ That each of the town^ ad- 
joining faid river and ftreams, may, at the aforefaid annual 
meetings, choofe a fpecial Committee to farm out or fell the 
privilege of taking faid fiih, and eftabiifli the rates at which 
fifli fo taken flrall be fold, and the money arifing from the 
fale of faid fifliery, or proceeds thereof, fhall be paid into the 
refpeftive town-treafuries, for the ufe of the refpedtive towns, 
faving to Stoughton an equal fhare with the town of Canton, as 
is provided in the Adt of incorporation of the faid town of 
Canton ; and if any perfon, in any town aforefaid, after the 
farming or felling the privilege in faid town, fhall take any of 
faid fifli, not being legally authorized fo to do, or if any per- 
fon being authorized to take faid fifli, fhall, when in his power, 
refufe to fell, or Ihall receive for faid fifh more than the eflab- 
lilhed rate, he or they fo offending, fhall forfeit and pay a fum 
not more than twelve nor lefs than two dollars. 

Sect. 8. Be it further enaBed, That it may be lawful for 
Jonathan Leonard and Adam Kin/ley, to keep down their dam 
the whole of the year, they to make fuch a canal or paffage-way 
round their dam in Canton, as the Committee of the Seflions 
aforefaid may approve of as being fufBcient for the paffage of 
faid fifh ', and alfo make a wear, to prevent faid fifli from 
paffing up to the flitting-mill. 

Sect. 9. Be it further enacted. That all forfeitures incurred 
by a breach of this Afl fhall be recoverable by atStion of debt, 
with cofts of fuit, before any Juflice of the Peace for faid 
county of Norfolk, excepting the penalty of one hundred dollars, 
which may be in like manner recovered in the Court of Com- 
mon Pleas for fiiid county, one half of each penalty fhall be to 
the ufe of the profecutor, and the other to the town wherff 
the offence is committed. 

Sect, i o. Be it further enaElcd, That all laws heretofore 
made for the prefervation of, or taking the faid fiih in the faid 
river and flreams, be, and they hereby are repealed. 
[This, Acl pafTed March lo, 1797.] 



Penalty for ex- 
tortion. ^ 

Meffrs. Leon- 
ardandKiiifley 
may keep down 
lJ;cir daius. 



yorfeitures 
how recovera- 
¥Ie. 



Former laws 
rej^ieiilifd. 



An 



CHARLES R. MEADOWS. March lo, An.1797. 151 

An ACT to incorporate certain Proprietors of Mead- 
ow Lands lying on Charles River, within the Towns 
of Newton, Dedham and Needbam, for the Purpofe 
of draining off the ftagnant Waters, and for the 
better improving the fame. 

« T)E it enaEled by the Senate and Hotife of Reprefenta- 

-*-^ tives, in General Court ajjemblecl, and by the author- 
ity of the fame^ That from and after the paffing of this Act, all 
the Proprietors (except thofe hereinafter excepted) of certain 
meadow lands adjoining onChar/es River,znd whichare ever over- pj-ietors of 
flowed by the waters of faid river, in the counties of Middle/ex Charles River 
and Norfolk, between the Upper Falls in faid river, in Neiuton meadows in- 
and Necdham, and the bridge called the New Bridge over laid "^^''P''^^'''^'^' 
river, between the aforefaid towns of Dedham and Ncedham, be, 
and they hereby are incorporated into a Body Politic by the 
name of The Proprietors of Charles River Meadoivs, and by that 
name may fue and be fued, and do and fufFer all matters, acts 
or things which Bodies Politic may or ought to do and fuffer. 
Sect. 2. And be it further enacted. That any Juftice of the 
Peace in the county of Norfolk, be, and he hereby is empowered pirll meeting 
and directed, upon application in writing from ten or more of how to be call- 
laid Proprietors, to iflue his warrant to one of the Proprietors ^'^' 
aforefaid, requiring him to notify and warn a meeting of faid 
Proprietors at fuch time and place as he fliall judge moft con- 
venient, and for the purpofes to be exprefled in laid warrant, 
by pofting up copies of faid warrant, with the notifications 
thereon, at the feveral houfes of public worfliip in faid towns of 
Newton, Needham and Dedham, and publifhing the fame in the 
news-paper printed in Bojlon by the printers to the General 
Court, fourteen days at lead before the time for holding faid 
meeting ; and the faid Proprietors, when legally afiembled as 
aforefaid, Ihall have power to choofe a Clerk, Committee, Af- Bufmefsof fuck 
feffors, CoUeftor or Collectors of taxes and Treafurer, who fliall meeting. 
be fworn to the faithful difcharge of the truft repofed in them, 
and continue to ferve till others are chofen and fworn in their 
room, which may be as often as faid Corporation fliall judge 
neceliary ; which officers, cliofen and Iwoni as aforefaid, fliall 
have the fame power to periorm, execute and carry any vote or 
order of faid Corporation into full eft'ecl, as town officers of like 
defcription have by law to do and perform in their refpective 
offices : And faid Corporation ihall, at their firft meeting, agree 
and determine upon a method for calling future meetings : And 
faid Corporation fliall, at their firfl: meeting, or at any future -^i^ ^^^ 

meeting legally called for that purpofe, have power to vote and monies, 
raife monies for the purpofe of removing the bars and other 
ihoal places in faid Charles River, or iu MiJl-Cred, fo called, 

leading 



153 CHARLES R. MEADOWS. March lo, An. 1797. 

leading under Dcdham bridge, fOr the purpofe of draining off 
the ftagrant waters from faid meadows from time to time, as 
fhall be found ncceffiry for faving the grafs growing thereon, 
and to pay rJl other neccfiary expenfes for the better manage- 
ment thereof, and for carrying the votes and orders of faid Cor- 
poration into effe6l : And all monies which may be voted to 
be railed as aforefaid, (hall be aflefled upon each Proprietor in 
the meadows aforefaid, in proportion to the number of acres he 
or file owns thereof, and the benefits likely to be received ; and 
if any Proprietor fhall refule or negleft to pay tlie fum or furas 
aiTefled upon him or her as aforefaid, after fixty days notice, {o 
^TAvhtl It ^^^^ of ^^is °^ ^^^ meadow land fliall be fold ;is will be fufikient 
feiTments are to pay the fame, together with legal cofts, in the fame way and 
aot paid. manner as non-refident Proprietors' lands in this Commonwealth 

are fold to pay town taxes. 

Sect. 3. Provided however, ajid he it further enacfed. That 
all the digging and draining Charles River or Mill-Crcck afore- 
faid, fliail be done and performed under the immediate direc- 
CommilTioners ^'^^^ ^^ ^'^'^^ Commiffioners as fhall be appointed by the Supreme 
to fuperintcnd Judicial Court, in the fame way and manner as Commiffioners 
<i>gging, &c. of fewers may be appointed agreeably to an Aft of the Legilla- 
ture of this Commonwealth, made and pafTed in the year of our 
Lord feventeen hundred and ninety-fix j and the Supreme 
Judicial Court are hereby authorized and em.powered upon 
application of faid Corporation, or by their Committee which 
may be appointed for that purpofe, to appoint not lefs than 
three nor more than five fuitable perfons to be Commiffioners 
for the purpofe aforefaid, who fhall be fworn to the faithful 
difcharge of the trufh repofed in them ; and faid Commiffion- 
ers, when appointed and fworn as aforefaid, fliall carefully 
attend to and infpeft all the digging and removing the obftruc- 
tions in faid Charles River or in the Mill-Creek^ and paticularly 
to fee that the waters which may be drained off from the 
meadows aforefaid fliall be dilpofed of in fuch way and manner 
as will in the leafi: injure the Proprietors of the mills on faid 
Charles River, and thofe on Mill-Creek ftream, leading into 
' Nepojifet River; and alfo fliall confider and determine upon 
the jufl and equal proportion of water which fliall run out of 
faid Charles River down Mill-Creek, for the arcom.modation of 
the mills on that flrcam, which proportion Ihall be determined 
u[X)n according to the quantity of water the faid Charles Paver 
Ihall afford, and the privileges the Proprietors of mills have 
heretofore enioyed, as well on faid Charles River as on Mill^ 
Creek ftream 5 and the faid Commiffioners fhall fix and eflablifh 
fuch permanent boundaries in faid Mill- Creek as will fecure the 
i)roportion of water which they may determine fhall run that 

way. 

And 



SUFFOLK GRAND JURY. March lo, An. 1797. 153 

And -whereas Edward HjII and others have reprefented to 
this Court tiiat it will not be to their advantage to be indudcd 
in this Ail for incorporating the Proprietors of the meadows 
aforefaid : 

Sect. 4. Be it further enaJled^ That Edward Hall^ Daniel 
■Ri:hurdsy Thnddetts^Hyde, Hannah Fuller^ Nathaniel Ward, Jon- ^'^^i^f^ns ei- 
ath:in Bixbi, John KenrickfThadJeus Whitney , William JVI^IntoJJ), Proprietary. 
Ebenezer M'-Intojl}, Amos Fuller, Michael Harris , Mofes Fuller , 
John Slacky Aaron Cheney^ J^feph Parker, 'Jeremiah Wifivally 
Ebenezer Smith, Richard Richards, Perez Allen, Ephraim Wigon, 
Mofes Richards, and Jahez Baker, Proprietors in fome of the 
meadows aforefaid, be, and they hereby are excepted from be- 
ing a part of the Body PoUtic incorporated by this Adl ; and 
the nleadovvs they feverally own fliall not be hable to be taxed 
for the piirpofes mentioned in this Aft, by virtue of the author- 
ity herein given to tlie Proprietors aforefaid : Provided, That 
nothing herein fliall be conftrued to prevent the perfons ex- 
empted as aforefaid from being admitted to be members of the 
Body Politic incorporated by this Aft, whenever they fliall 
iignify the deflre therefor in writing to the Clerk of faid Cor- 
poration, and be voted in by a majority of the members prefent 
at any legal meeting thereof. 

fThis Aft paffed March 10, 1797.] 



i^n ACT to authorize the Supreme Judicial Court, 

now fitting in Bojion, again to convene the Grand 

Jury thereof. 

"HEP^EAS the Supreme Judicial Court begun and hold- preamble, 
en at Bojion, within and for the county of Suffolk, on 
the third Tuefday of February laft, have lately difcharged the 
Grand Jury fummoned and convened in and for the prefent 
term of the faid Court, and wher<ias further matter appears 
for the inquiry and attention of the faid Grand Jury : 
Therefore, 

Be it enacted by the Senate and Houfe of Reprefcntatives, in Cen- 
tral Court nffembled^ and by the authority of the fame, That the 
faid Court in their faid prefent term Ihall have power, if they Grand Jury re- 
judge heft, to re-fummon and convene the faid Grand Jury at 
i'aid Court, on fuch day and hour during the faid prefent terra 
as the faid Court fliall appoint ; and to that end the faid Court 
fliall have power, by the Sheriir of faid county or his Deputy, 
to fervc pcrlonal notice on each Juror of the f lid Jury, to ap- 
pear at faid time and place, and if any one of the laid Jury 
ihall negleft to appear and give his attendance as he fliall be Penalty for 
direfted, without a reafonable excufe to be allowed by the faid ntni-auend- 
Court, he Ihall forfeit and pay ten dollars, to be recovered and '^"'=*' 

applied 

Vol. II. U 



154 HOPLAND SCHOOL DIST. March 1 1, An. 1797. 

applied in the fame manner as fines are, which are incurred by- 
Grand Jurors by the law of this Commonwealth : And there 
fhall be the fame proceedings by the faid Court and Jury, and 
their proceedings fhall be valid, in the fame manner as if the 
faid Jury had not been difcharged. 

[This A(fl pafled March lo, 1797.] 



Preamble. 



A& repealed. 



An ACT to repeal an hdi pafled the twentieth Day 
of Juiic, One thoufand feven hundred and eighty- 
eight, entitled, " An Acl to prevent the Uertruc- 
tion of Salmon and Shad in ConneSlicut River," 

WHEREAvS the beneficial effeds contemplated by the A£l 
aforefaid have not been produced thereby, and the fur- 
ther continuance thereof is unneceflary : Therefore, 

Be it enacted by the Senate and Hoiife of RtprcfentativeSy 
in General Court affeinbledy and by the authority of the fame y That 
the Acl aforefaid, and every part thereof, from and after the 
pafTing of this A£l fhall be, and the fame is hereby repealed. 
[This Aa pafied March 11, 1797.] 



Preamble. 



w 



Limits of Hop- 



An ACT in explanation of and in addition to an Adi^ 
entitled, " An Ad for incorporating a certain Part 
of the T'own of Lce^ into a School Diftricl by the 
Name of The Hopland School Di/irid'" 

'HEREAS doubts and difficulties have arifen upon the 
conftruiStion and operation of the faid A£t : 
Sect. I- Be it enacted by the Senate and Houfe of Reprefenta- 
iives, in General Court afetnb/ed, and by the authority of the famCy 
That the faid Hopland School Diflrici fliall be underftood and 
hnd'fchoo) dif- conflrued to include all the lands fituated in that part of the 
iri(fl. town of Lee which formerly belonged to the town of Great Bar- 

rin'rton, together Avith all the Inhabitants and refidents thereon, 
but not to include any land or real efi:ate fituate without the 
faid limlis, though owned by a refident or refidents within faid 
diflria. 

Sect. 2. Be it further ennclcdy That the Afiefl~ors of fiiid 
Affeffors, &c. diftrift for the time being, or the Treafurei- or the Clerks of 
to call ciiilrid ^^- J diftria, when there are no fuch Afl^^lFors, be, and they 
meetings. j-^greby are refpectively authorizsd and required to call diftri^l 
meetings for the purpofes mentioned or intended in this and 
the former A£t, in the fame manner and under the fame regu- 
lations and penalties as Seleflmen of towns by law are. 
Polls and ef- Sect. 3. And be it further enaBedyT\\iX.\^\\Q^oViS2xA Q^-3X.Q.% 
tates exempt- belonging to the faid dillridt, are, and fliall be exempted from 

cd from bein2 j^ j^ fubicdl to be taxed by the faid town of Lee. to the main- 
taxed bv i>ee. to J ' ' 

tenance 



FISI-IERY....SLUICE.WAY. March 1 1, An. 1797. 155 

tenance and fupport of fchools, and from being liable to be 
profecuted and puniflied, or fubjedl to the payment of any fines 
or cofts with the reft of ftid town for any negle(5l of faid town 
in maintaining and fupporting fchools. 

Sect. 4. Provided ahuaysy and be it further enaSledy That 
the faid diftri£l fhall be liable to be profecuted and punilhed as Liable to prof- 
a diftrldl, for negle<fting to maintain and fupport their propor- ^?"^P" for ne- 
tionable part of all fchools by law required to be kept, main- pj^t fcuo'olsT' 
tained or fupported by or within faid town, in the fame manner 
as a town is by law liable to be profecuted and puniflied for 
negledl of fchools. 

[This A£l pafled March 11, 1797.] 

An ACT in addition to an Acl pafied March ninth. 
Seventeen hundred and ninety-two, entitled, " An 
Act regulating the taking of the Fifh called Ale- 
wives in the ieveral Streams emptying into Merri- 
mack River, in the Town of Andover.** 

n T)E it enacted hy the Senate and Houfe of Reprefenta. 

-*^ tiveSf in Genera/ Court afjembled, and by the author- 
ity of the fame ^ That fuch part of the lifth enabling claufe in the 
afore-recited Aft as limits and determines the price of the afore- C'^"^= of a for- 
faid fifh to one-fifth of a dollar for each hundred taken and pe^^cd ^^' " 
diftributed, be, and hereby is repealed. 

Sect. 2. And be it further enaEled by the authcn'ity aforefaid. 
That the inhabitants of faid Andover, at their annual meetinfv™, ■ 

r T\,T 1 A -r ^ - ^ olhc tOWn tO 

in the months or March or Aprily be, and are hereby empow- regulate the 
ered and authorized to determine and ftate the price of the P"ce of fifli. 
aforefaid fifli per hundred ; and the Committee or Committees 
as in faid A6t are dire(^ted to fupply the perfons applying for 
faid fifli, at fuch rates as the town may determine and dire£t, 
under the penalties provided in the Aft to which this is an. 
addition : Provided fuch ftated price be pofted up in manner as 
direfted in the afore-recited Aft refpefting the places of taking 
faid fiih. 

[This Aft pafied March ii, 1797.] 

An ACT to incorporate Ifaac Lane, and others, for 
the Purpofe of building a Sluice- Way from a Place 
called Buxton Mill-Dam, to a Place called Cook's 
Eddy, in the Plantation of Little Falls. 

„ TyE it enacted by the Senate and Houfe of Reprefenta- 

•*-' tives, in General Court affembled, and by the author- 
ity of the fame ^ That Ifaac Lane, Samuel Merril, ]un. and Gibbins 
Eldin^ and all fuch perfons as fhall be aflbciated with them and 

their 



J 56. SLUICE-WAY. March 1 1 , An. 1797-. 

their fucceffors, lliall be a Corporation by the name of The Pro*. 
Corporate pr'utofs of the Siuice-IVays in the Plantation of Little FalUy for 
name. the purpofe of building a fluice-way from Buxton Mill-Dam tp, 

Cook's Eddyy in the plantation of Little Falls. 

Sect. 2. j-ind be it further enaSiedi That the faid Proprie- 
FirH meetiirr. ^^^^ fliall hold their firft meeting on the firft Monday of Mny 
next, at the lioufe of John Garland^ innholder in Buxton. 

Sect. 3. And be it further enacted, That for the purpofe of 
reimburfmg the faid Proprietors the money to be expended in 
building, fupporting and keeping in repair faid {luice-way, a toll 
be, and hereby is granted and eilabliflied for the fole benefit of 
Hiid Corporation, according to the rates following, viz. For every 
Toll eftabliili- thoufand feet of boards, plank and joill, twenty-five cents ; for 
ed. every thoufand of pipe ftaves, thirty-three cents ; for every thou-, 

fand of barrel ftaves, t^venty cents ; for every thoufand of clap- 
boards and oar rafters, tiuenty-five cents ; for every thoufand of 
fliiingles,j'/.v cents ; for every hundred feet of ranging timber, 
ten cents ; for every ton of timber, ten cents ; and in that pro- 
portion for a greater or lefs number of any of the faid articles. 

„, . , Sect. 4. And he it further enaHedy That the Ihares in the 

Shares to be ^ „ . -. ,. r ■, 11 1 r- j 1^1 

confidered per- fame fiuice-way Ihall be taken, deemed and coniidered to be 

fonal eflate. perfonal eftate, to all intents and purpofe::. 

General Court, Sect. 5. And be it further enaEted, That the General Court 

to regulate toll ^^^ h^M^ a right to regulate the toll aforefaid after the term of 

after twelve ^^,^\^q „g^j,g fj-Qj-^^ j-j-^g fjj.{t ^J^^y ^f yj,^;,^ next. 

Whereas it may De neceilary, \\\ the prolecution or the tore- 
going bulincfs, that the property of private perfons may be 
appropriated for the ufe of the fame, and in order that n'o per- 
fon may be damaged by digging and cutting iluice-ways through 
his land, by removing mills or mill-dams, diverting vi/ater- 
courfes, or flowing his land by the Proprietors aforefaid, without 
receiving full and adequate corapevifnion therefor. 

Sect. 6. Be it enacled by the authority aforefaid^ That in all 
Cafe of dama- cafes where any perfon ihall be damaged in his property by the 
ging the prop- ^^; j Pj-oprietors, for the purpofes aforefaid, in manner as is 
yall° '""^^^'"' above expreiTed, or in any other way, and the Proprietors afore- 
faid do not, within twenty days after being requefled thereto, 
make or render reafonable fatisfaftion to the acceptance of the 
perfon diimaged by them as aforefaid, the perfon fo damaged 
may apply to the Court of General Selllons of the Peace for 
the county in which the damage fball have been fuftained, to 
have a Committee appointed by faid Court to eftimate the dam- 
age fo done ; and the faid Court arc hereby authorized and em- 
powered b? warrant under the feal thereof, upon fuch application 
made, if within one year from the time cf the damage done as. 
aforefaid, to appoint a Committee of live difmterefted freehold- 
ers in the iame county, to eftimate the damages ; which Com- 
mittee Ihall give feafonable notice to the perfon interefted and 



SLUICE-WAY. March M,An.iy 0^7, 157 

to the Clerk of the Proprietors aforefaid, of the tune and place 
of their meetiag, and they jfhall be under oath to perform faid. 
fervice according to their bed fkill and judgment ; which hav-t 
ing done, they, or the major part of them, Ihall make return 
thereof, under their hands and feals, to the next Court of Gen- 
eral Seffions of the Peace to be holden in faid county, after th^ 
fame fervice is performed, to the end that the {Am^ may be 
accepted, allowed and recorded j and the Committee fo empow- 
ered are required to eftimate the faid damage, and make return 
thereof as aforefaid ; and if the eftiinate of the Committee be 
accepted by the Court, the Clerk of the Court is hereby au- 
thorized and directed, on application therefor, to iiTue an exe- 
cution againft the property only of the Corporation, or of any 
individual belonging thereto, for the fum fo adjudged in dam- 
ages ; provided the fame is not paid within twenty days after the 
acceptance of faid report, and likewife for the coft of the faid 
Committee and fees of the Court, both to be allowed by the 
Court, provided the fiim of damages eflimated by the Commit- 
tee exceed the fum of damages fo tendered : But in cafe the 
Proprietors actually tendered to the perfon complaining, before 
the complaint was exhibited, a fum as great as that allowed by 
the Court in damages, then nothing to be included in the exe- 
cution for cofts of Committee or Court ; the execution to be 
iflued by the Clerk of the Court to be in the fame terms, rtiu- 
t.atis mutandis y and returnable in the fame time as though judg- 
ment had been rendered againfi: faid Corporation for a like fum 
in damages on procefs in the Court of Common Pleas : And if 
any perlon find himfelf aggrieved by the doings of faid Com- 
mittee in eftimating damages, he may apply to faid Court of Gen-, 
eral Seffions of the Peace, provided fuch application be made to 
the fame Court within one year after the acceptance of fuch re- 
turn J and the faid Court is empowered to hear and finally de- 
termine the fame by a Jury under oath, to be fummoned by tlie 
Sherifi:' or his Deputy for that purpofe, if the perfon complain- 
ing defire the fame, or by a Committee, if the perfon complain- 
ing and the Proprietors can agree thereon : And if the Jury or 
Committee, agreed on as aforefaid (who are to be under oath) 
fliall not ir.creafe the fum, of damages, the perfon complaining 
fhall be at the coft arifing on fuch complaint, to be taxed againlt 
him by the faid Court ; otherwife fuch coil and increafe of dam- 
ages fluall be paid by the Proprietors, and execution to iffue 
therefor as before expreffed, and the report of fuch Committee, 
pr verdi6t of fach Jury being returned into the fame Court and 
being allowed and recorded, fliall be a fufficient bar againft any 
a£lion brought for the damages aforefaid , faving only that when 
the fum of damages is not eflimated at a fum in grofs, for the full 
fatisfadlion thereof, but a yearly fum is affefled, in fuch cafe, the 
complainant fhall be entitled to an action of debt for the recov- 
ery of the lame, fo often as the fame becomes due, during the 

continuance 



158 CANAL. M^r<r^ ir, An.1797. 

continuance of the damage done or fufFered as aforefaid ; and 
• the faid Proprietors, at their firft meeting, or any fijbfequent 
meeting may enjoin and order fines and penalties for the breach 
of any by-laws of fuch Corporation, not eyLCQQd\ng fourteen dol- 
lars. 

[This h£i paffed March 11, 1797.] 



Preamble. 



Perfons ii 
poratci. 

Corporate 
name. 



Firft 

how v> be call 



An ACT for incorporating Michael Little and others, 
by the Name and Style of The Proprietors of the Ten 
Mile Falls Canal. 

HEREAS Michael Little and others have petitioned to 
be incorporated for the purpofe of cutting or making 
a Canal by the Ten Mile Falls in Pejepfcot or Androfcoggin Riv- 
ery lying between Durham and Little River Plantation. And 
whereas it is reprefented that fundry perfons are ready to raife 
funds fufficient for that purpofe : 

Sect. i. Beit therefore cnaEled hy the Senate and Houfe of 
Reprefcntati-ves, in General Court ajfembled, and by the authority of 
the fame. That Michael Little^ Ezekiel Tkompfon and Abraham 
Whitney, with others their afTociates and fuccefTors, are hereby 
incorporated, and fhall be a Corporation forever, under the 
name of The Proprietors of Ten Mile Falls Canal, and by that 
name may fue and profecute, and be fued and profecuted to fi- 
nal judgment and execution, and fliall be, and hereby are vefted 
with all the powers and privileges which by law appertain to 
Corporations of a fimilar nature. 

Sect. 2. And be it further enacted^ That the faid Proprie- 
tors, or any three of them, may make their application to any 
."r^lu? J^ftice of the Peace for the county oi, Lincoln, requefting him to 
call a meeting of faid Proprietors to be holden at feme conveni- 
ent place within the town of Topflmm, or Little River Planta- 
tion, in the {ame county ; whereupon fuch Juilice is hereby em- 
powered to iffue his warrant to one of faid Proprietors to meet 
at fuch time and place as he fliall therein direct, to agree on fuch 
method as may be thought proper for calling their meetings in 
future ; and to do and tranfa£t fuch matters and things relating 
to faid Proprietors as fliiall be exprefled in the warrant \ and the 
Proprietor to whom fuch warrant fhall be diredled, fliall give 
notice to faid Proprietors by caufing the fame or the fubftance 
thereof to be publifhed in one of the Portland or other newf- 
papers neareft to faid Falls, or pofl the fame in one or more of 
the moft public places in each of the towns of Topfmm, Brunf- 
luick, and Little River Plantation, fourteen days at leaft previous 
to the holding of faid meeting, and make return thereof under 
his hand to the fame meeting, to be lodged with the Clerk, who 
Jhall then and there be cholen ; and the faid Proprietors may 
at any legal mf^eting choofe a Clerk, Treafurcr and other offi- 
cers 



CANAL. M^rc/& II, An. 1 797. 159 

cers which they may judge neceilliry for ordering and regulating 
the bufinefs and affairs of laid Corporation ; and every Proprietor 
Ihall have a right to vote in the Proprietary meetings according 
to his fhare and intereft therein, in perfon or by reprefentation : 
Provided, no one Proprietor fl-iall have more than twenty votes, 
and all reprefentations ll:iall be proved in writing figned by the 
perfon making the fame by fpecial appointment, which fhall be 
filed with and recorded by the Clerk •, and this Aft and all rules 
and regulations and votes of faid Corporation, fliall be fairly and 
truly recorded by the faid Clerk, in a book to be kept for that 
purpofe. 

Sect. 3. And be it further enaBedy That the faid Corpora- 
tion be, and they hereby are authorized to appropriate the prop- j^^ ^^j^.^ ^j^^, 
erty of any individual by cutting through his or her land, as may land of any in- 
be neceflary for opening fuch Canal : Provided, That in all ca- dividual, 
fes where any perfon Ihall be damaged in his or her property, 
for the purpofes aforefaid, and the Proprietors do not, within 
twenty days after being requefted thereto, make or tender rea- 
fonable compenfation to the acceptance of the perfon damaged 
by them as aforefaid, the perfon fo damaged may apply to the provlfion for 
Court of General Seffions of the Peace, for the county in which the compenfa- 
the damages Ihall have been fuftained, to have a Committee ap- tion of individ» 
pointed by faid Court to eftimate the damages ^o done, and faid "^ ^' 
Court are hereby authorized and empowered by warrant under 
the feal thereof, upon application made within one year from 
the time of the damage being done as aforefaid, to appoint a 
Committee of five dilinterelled freeholders in the fame county, 
to eftimate the damages ; which Committee flaall give feafonable 
notice to the perfon interefted and to the Clerk of the Proprie- 
tors aforefaid, of the time and place of their meeting; and they 
Ihall be under oath to perform faid fervice according to their 
beft flcill and judgment ; which having done, they or the major 
part of them Ihall inake 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 fame fervice (hall be performed, 
and if the eftimate of the Committee be accepted by the Court, 
the Clerk of faid Court {hall record the fame, and upon applica- 
tion therefor, after twenty days from the time of acceptance, 
fhall ilTue an execution againft the property only of the Corpo- 
ration, or of any individual belonging thereto, for the I'um fo 
adjudged in damages and for all legal colls : Provided honvcver, 
if the damages eftimated by luch Committee Ihall not exceed 
the fum tendered by the Proprietors previous to the application 
to the Court, they (hall not be fubje^ted to any cofts, and the 
execution iffued by the Clerk of the Court fhall be in the fame 
terms, mutatis mutandis, and returnable in the fame time as 
though judgment had been rendered againft faid Corporation, 
for a lijce fum in damages, on procefs in the Court of Common 
Pleas ; and if any perfon find himfelf aggrieved by the doings 
^ of 



i^© CANAL M-j7rr/j II, An.i797i 

of Taid Committee in eftimating damages, he may apply to the 
faid Court of General Seffions of the Peace : Provided fnch ap- 
plication be made to the fame Court at the next feffion thereof^ 
after the acceptance of fuch return ; and faid Court is empow- 
ered to hear and finally determine the fame by a Jury under 
oath, to be fummoned by the Sheriff or his Deputy for that pur- 
pofe, if the perfon complaining delire the fame, or by a Com- 
mittee, if the perfon complaining and the Proprietors can agred 
thereon •, and if the Jury or Committee, agreed on as aforefaidj 
(who are to be under oath) fliall not increai'e the fum of dam- 
ages, the perfon complaining fliall be at the coft arifmg on fuch 
complaint, to be taxed againft him by the faid Court ; otherwife 
fuch coft and increafe of damages fhall be paid by the Proprie- 
tors, and execution to ilTue therefor as aforefaid : Provided, That 
the waters of faid river Ihall not be fo diverted from their nati 
ural courfe for the purpofe aforefaid, as to injure any mill or mills 
already built. 

Sect. 4. ^nd be it further enaBed, That if any perfon or 
perfons fliall wilfully, malicioufly and contrary to law, take upj 
remove, beat down, dig under, or otherwife damnify any dam^ 
canal or lock, or any part thereof, defigned for the purpofes afore- 
faid, or fhall damnify, carry away, or fet afloat to be carried 
awav, any boards, plank, joift or other timber or materials, ufed 
or to be ufed in or about faid works, or fliall be aiding or affift- 
ing in any of the trefpafles aforefaid, he fhall for every fuch of- 
fence, forfeit and pay to the Proprietors aforefaid, treble dama- 
ges which Ihall appear to the Court and Jury before whom the 
trial fhall be had, the faid Proprietors have fuftained thereby, to 
be fued for and recovered in any Court proper to try the fame ; 
and fuch offender or oitenders Ihall be liable to prefentment by 
the Grand Jury for faid county of Lincoln, for any offence or 
offences againft this law, and on conviction thereof on fuch pre- 
fentment, fhall be liable to pay a fine to the ufe of the Com- 
Fenaky for monv^realth, of not more xXvAnfixty dollars, nor lei's thzn Jifteen 
damaging Ca- dollars, or be imprifoned for a term of time, not more than 
^^ three months, nor lefs than thirty days, at the difcretion of the 

Court before whom the conviction fliall be. 

Sect. 5. y^nd he it further cna^cd, That the Proprietors 
aforefaid be, and they hereby are author-ized and empowered to 
purchafe and hold to them and their fuccefibrs forever, fo much 
land and other real eftate as may be neceflary for the purpofe 
aforefaid, not exceeding the value of twenty thoufand dollars : 
Provided, That the property of each Proprietor in laid Corpora- 
fc ^h"^ ''^^'^ ^^°^ ^'^'^ ^^ liable to attachment for the payment of his juft 
debts ; and execution may be extended thereon, and the fhare 
of the debtor fold in the fame manner as goods and merchan- 
dize are ibid for the payment of debts. 

Sect. 6. And be it further enacted. That for the purpofe 
cf reimburiing the faid Proprietors the money by them expend- 

« ed 



7\UGUSTA. ^wd- 9, An. 1 797. 161 

ed or to be expended In building and fupporfclng the dams, ca- 
nals and locks, and clearing the paflages neceffary for the pur- 
polcs aforel'aid, a toll be, and hei-eby is granted and eftablifhed 
for the fole benefit of faid Proprietors and their fucceffors, ac- 
cording to tiire rates following, viz. For every thoufand of two 
inch oak plank palling through the fame, fevcnty-five cents, -jp^jj efiablifl*- 
and in that proportion for all other oak plank that fliall be more ed. 
or lefs in thicknefs ; for each ton of oak timber, twelve cents ,- 
for every thoufand of pipe il:aves,ycr/y cents ; for every thoufand 
of hogfhead flaves, thirty-five cents ; for every thoufand of barrel 
ftaves, twenty cents ; for every thoufand of pine boards, twenty- 
five cents : all pine plank to be brought into board meafure ; for 
every thoufind of clapboards, twenty-five cents ; for every thouf- 
•and of fhingles,yii*'/- cents; for every ton of pine timber, «//7^ 
rents ; fur every maft or fpar, two cents per inch ; for every 
cord of wood, twjnty cents ,- for every boat carrying a ton, twenty 
rents ; and in the fame proportion for a greater or lefs burthen. 

Sect. 7. And he it further enacted, That there Ihall be 
toll-gatherers and others, to attend all locks on faid canal in the ^ oH-gathercKs 
day time, who fhall give conftant attendance at their rel'pecftive °^ ^ appoin - 
ftations during the whole fcafon for boats and rafts to pafs ; and 
on the toll being paid, fliall immediately peanit paflengers with 
their property to pafs the faid locks and canals. And the faid 
toil (hail commence on faid canal as foon as the fame Ihall be 
completed, and fiiall continue forever : Provided^ That when 
forty years from the firfi: opening thereof are expired, the Gen- 
eral Court from thence forward may regulate the rate of toll, 
and the fame Ihall be collected in fuch manner as fliall be pre- 
fcribed to the laid Corporation. 

Sect. 8. And be it further enacled, That if the Proprietors 
aforel'aid ihall rt;fufe or neglect for the fpace of ten years after Time for mak- 
the ijaiTinsj this Act, to build and complete fuch canals fo as to !"S ^ana. Iiih« 

•.. .. . iced. 

be pafiable in manner aforefaid, then this Aft fliall be void and 
of BO effect. 

[This AQ. pafTed March \l, 1797.] 

An ACT to alc.'T the name of the Town of Harrim- p. . .^ .,„-, 

, Feb. 20, 1797. 

ton, m the County of Lincoln, and to aelignate the 
Parifhes in faid Town. 

«^^ . ryE it enaBi'd by the Senate and Houfe of Reprefeuta- 

^ ' ' J-J tiyesy in General Court i'.ffemhled, and by the author- 
ity of the fame. That the tov.m of Harrington, in the county of j^^^g ^jt^^g j^ 
Lincoln, Ihall hereafter be known and called by the name of 
Augufa. 

Sect. 2. Be it further enaEled, That the parifhes i'icorpo-p2j.j{j^gg j^2j. 
rated by the names of the middle parilh in Hallowell and the natcd. 

Kortk 
Vol. II. W 



i6a ORLEANS EEL FISHERY. "June i7,An.i797. 

north parifti in Hallowelly fliall hereafter be defignated as fol- 
lows, viz. The aforefaid middle parifh fhall be known and call- 
ed by the name of the South Parifh in Aiigujla^ and the afore- 
faid north parifh fhall be known and called by the name of the 
North Parifh in Augnjla. 

[This A(Sl pafTed June 9, 1797.] 

An ACT to change the Name of James Cody to the 
Name of James Cody Apthorp. 

TiE it enaEled by the Senate and Honfe of Reprefentatives^ in 

-'-' General Court affembledf and by the authority of the famey 

That from and after the pafhng this Act, James Cody, of Par- 

' tridgefe/df in the county of JBerkf/jtrey be, and he hereby is au- 

Name altered, thorized and allowed to take, ufe and bear the name of James 

Cody Apihorp, and by that name to be forever hereafter known 

and called in all procefl'es and records whatfoever. 

[This Acl: pafTed June 9, 1797.] 

An ACT to prevent the Deftruclion of the Eel Fifhery 
in the Town of Orleans, in the County of Bariifta- 
ble, and to preferve and regulate the fame, in the 
feveral Coves and fait Ponds within the faid Town. 

T)E it enabled by the Senate and Houfe of Reprefenta- 
■*-' tivesy in General Court ajjembledy and by the author- 
ity of the famey That from and after the firfl day of September 
next, it fhall not be lawful for any perfon to take from any of 
the coves and fait ponds in the town of Orleans^ more than 
Number of eels xhxee dozen of Eels on any one day, without a permit in writ- 
t^cn. ^ ° ^ ing from the major part of the Seleftmen of faid town, expref- 
fing the quantity permitted to be taken ; and every perfon 
who fhall take any of faid Eels from any of faid coves, and fait 
ponds exceeding the number of three dozen in any one day 
without fuch permit, fhall forfeit and pay for each and every 
additional dOzen fo taken, the fum of tiuenty-fve cents. 

Sect. 2. Be it further enaEled^ That if any boat or craft 

fhall be found within the limits of any of the faid coves or fait 

ponds, with any more Eels on board than this A(5l allows, to 

be taken for each perfon on board on any one day, or, than 

they are authorized to take by a permit from the Seleftmen 

aforefaid, it fhall be the duty of fuch perfon or perfons as fliall 

be chofen by the faid town of Orleansy to fee to the execution 

Boats may be of this law, to feize on fuch boat or craft, and detain the fame, 

detained. not exceeding forty-eight hours, in order that the fame be 

attached or arrefted by due procefs of law, and made anfwer- 

Provifo. able for faid fines and forfeitures, with coft of fuit : Provided 

honvever, 



Sect*, i 



HARRINGTON. 7««^ 17, An.1797. 163 

however, That as foon as the owner or mafter of fuch boat or 
craft fliall pay fuch lines and forfeitures to the Treafurer of 
faid town ; if he Ihall pay the fame before being fued, fuch 
boat or craft fhall be discharged with the efFedls therein. 

Sect. 3. Be it further enaSfedy That the faid town of Or- 
leans are hereby authorized to choofe annually fuch number -.. , 
of Fifh-wardens as they may judge neceiTary, who fhall be to b^ appoint- 
fworn to the faithful difcharge of their duty ; whofe duty it ed. 
fliall be, to profecute for all offences againft tliis Adl ; and ali 
fines and forfeitures that Ihall be incurred by virtue thereof, 
fhall be one half to the ufe of him or them who fhall fue for 
the fame, and the other half to the ufe of the faid town of 
Orleans ; and the fame fliall be recovered with legal cofls of 
fuit by an action of debt, in any Court proper to try the fame. 
£This A6t pall^ed June 17, 1797.] 

An ACT to incorporate Plantation 'Number Five, weft 
of Machias, in the County of Wajhington, into a 
Town by the Name of Harrington, 

q T)E it enacted by the Senate and Houfe of Reprefenta- 

-*-' fives, in General Court ajfemhled, and by the author- 
ity of the fame. That plantation Nuniber Five, in the county of 
Wafhington, bounded as followeth, viz. Beginning at the north- 
eaft corner of the town of Steuben ; from thence running eafl Boundaries, 
feven miles and one half to the north-wefl corner of the town 
of Addifon ; from thence fouth to Pleafant River ,• from thence 
by the fhore, round the feveral bays and inlets, according to 
the different courfes until it interfedls the north and fouth 
line, on the eaft fide of Narraguagus River, which forms the 
eafterly bounds of the town of Steuben, and wefterly bounds 
of plantation Number Five ; from, thence running fouth, over 
faid Narraguagus River until it flrikes the fait water near 
Pigeon Hill, fo called, and alfo running north from the faid 
eaftern fide of Narraguagus River, to the firft mentioned 
bounds, including the feveral iflands hereafter named, viz. 
Bobear I/land, Pond Ifland, Traftorls Ifland, Jordan^s Delight, 
Dyer's Ifland, Knox's Ifland, Flint Ifland, Gourd Ifland, Strout's 
I/Iand, Ship fern four acre If and, with one other fmall ifland, 
near Traftoiis Ifland, with the inhabitants thereon, be and they . 
hereby are incorporated into a town by the name of Harring- corpomed" ^^' 
ton : And the faid town is hereby vefted with all the powers, 
privileges and immunities which other towns in this Common- 
wealth do or may by law enjoy. 

Sect. 2. Be it further enaBed, That Alexander Campbell, Efq. 
be, and hereby is empowered to iffue his warrant direfted to 
fome fuitable inhabitant within faid town, requiring him to '^^^^ calkd!"^ 

warn 



i64 PATUCKET CANAL. J^me 1 7, An. 1 797. 

warn a meeting of the inhabitants thereof, at fuch time and 

place as Ihall be exprelTed in faid warrant, for the purpofe of 

chooling fuch town officers as other towns are empowered to 

' chool'e in the months of March or April annually. 

[This A6t pafTed June 17, 1797.] 

An ACT in addition to an Acl, entitled, " An Adto 
incorporate the Congregational Society in the Town 
of Norton, into a diftincl: Parifli, and alfo to incor- 
porate a Committee of the faid Society, for certain 
Purpofes, pafled March fourth, One thoufand feven 
hundred and eighty-three." 

q nE it enacted by the Senate and Houfe of Reprefenta~ 

XJ ^2veSy in General Court ajjemhlcd^ and by the author- 
ity^ of the faniCy That the faid parifli be, and hereby are author- 
ized and empowered at any legal meeting thereof, to be 
holden in the month of March annually, to choofe fome fuit- 
Treafurtr tote ^^le perfon to be Treafurer for the Truftees of the faid parifh, 
chofen. and the perfon fo chofen fliall give bond at the difcretion of 

the faid Truftees for the faithful performance of his duty. 

Sect. 2. And be it further enaEled, That the Treafurer 
((or the time being) chofen and qualified as aforefaid, fhall be 
empowered to receive for the ufe of the faid parift, all monies, 
and fecurities for money belonging to fiid parifli, any thing 
in the Adl to which this is in addition to the contrai-y not- 
withftanding. 

[This Aft pafled June 17, 1797.] 



June C7, 1792.- An ACT for cftabliftdng the Rates of Toll at the Pa- 
arc. j,i<04. iuckct Canal, and for other Purpofes. 

(T 7)/i // enacted by the Senate and Houfe of Reprefi-nta- 

-*-^ tiveSx in General Court njjhribled^ and by the authority 

cf the fame^ That from and after the pafiing of this Aft, the 

following toll be, and hereby is granted to the Proprietors of 

Toll eilaWiIli- ^|^g locks and canals on Merrimack River, for palling the 

locks, canals and palTage-ways at Wickafie, and Patuchet Falls 

f to be received at Patucket, viz. — For every thoufand feet of 

— , rates Oj. -i r r r J r I r r 

pine boards, ffv cents ; for every thouiand feet 01 two ana 
an half inch pine plank, one dollar and twenty-five cents, and 
other pine plank in proportion thereto ; for every thoufand 
fe*t of two and an half incl} oak plank, two dollars and ffty 
cents, and other oak plank in proportion thereto ; for every 
cord of pine wood, twenty cents ; for every cord of other wood 
I'iuenty-fve cents ; for every thoufand of barrel {}.z\es,ffty 
«:nts ^ ior every thoufand of hogfliead ftavqs, fiinety cents ; for 

every 



FISH....THIRD MASS. TURNP. June 17, An.1797. 165 

every thoufand of pipe ftaves, one dollar and tiventy-five cents ,- 
for every ton of oak timber, thirty-feven and an half cents ,• for 
every ton of pine timber,' /wfw/ijy cents ,• for every boat or other 
•velTel, at the rate of iweniy-jive cents, for every con burthen It 
is capable of conveying, whether loaded or not ; for every maft, 
at the rate oi feventeen cents for every inch of the diameter 
thereof, at one third the length at the largeft end ; and for al] 
articles not enumerated in proportion to the rates aforefaid : 
Provided neverikelefs, That the fald rate of toll fhall be fubjecl Pr«vifo. 
to the diredlion of the Legiflature after thirty years from the 
paffing of this Aft. 

Sect. 2. .And be it further encicled by the authority aforefaid. 
That whenever the toll-gatherer fhall eftimate the quantity of Cafe of difpute 
lumber contained in any raft, higher than the owner or man- cf the quantity 
ager of fuch raft, the toll-gatherer fliall caufe the fame to be o^lu^i^er. 
furveyed by a fworn furveyor ; and if upon luch furvey it 
fhall appear that there is in fuch raft a greater quantity than 
was declared by the owner thereof, the expenfe of fuch furvey 
fhall be paid by the owner, in addition to the toll ; other- 
wife, fuch expenfe fliall be dedufted from the toll. 

StCT. 3. Be it further enacted. That fo much of the Act 
incorporating the faid Proprietors as regulates the rate of toll 
for pafling the Locks, Canals and PalTage-ways at Wichafie and nulled. 
Pcitucket Falls, be, and hereby is repealed. 

[This Aft palled June l^, 1797."] 

An ACT to prevent the catching Fifh with Seines in 
FrefJj Po?id (fo called) in the Towns ct Cambridge 
and Wat£rtow7i. 

jyE it enacted by the Senate and Hoife of Reprefentaiives, in 
-^ General Court afjcmhled, dnd by the authority of the fame. That 
from and after the pafirng of this Aft it iliail not be law- 
ful to catch any Fifh with feines in Frefj Pond (fo called) lit- Fi& »'»t fo be 
uate in the towns of Cambridge and IVatertoivn ; and any perfon ""^^'' '" ^^^^ 
who Ihall be found fo catching fdli, or who fliall ufe a feine 
in the fame Pond in any manner whatfoever, fhall, for each of- „ j 
fence, forfeit a fum not exceeding ffty nor Ids than five 
dollars ; to be recovered by an aftion of the cafe to the ufe of 
the perfon who fhall fue for the fame. 

[This A6t pafTed June 17, 1797.] 

An ACT in addition to an Acl, entitled, " An Acl March 9,(797, 
eilabliOiing the third Majachufctts Turnpike Cor- J"^'"= ^7, 17^8. 
poration." 

TiE it enacted by the Senate and Houfe cf Rcprfentativcs, in 
-*-' General Court apmbled, and by the authority of the fame. 

That 



i66 DERBY ACADEMY, &c. 7«w 17-19, An. 1797. 

Logs, &c, not That if any perfon {hall draw any log, tree or ftick of timber 

to be drawn ^j^ qj. q^^j, ^.j^g ^.^^^ made by faid Corporation, except in the 

riaee or fled "^onths of January and February y unlefs fuch log, tree or ftick 

except in Jan. of timber is loaded on a cart or fled, or one end thereof is 

er Feb. raifed on a fled, cart, or other fuitable carriage, he fliall forfeit 

and pay to the faid Corporation, ^$//j cents for every log, tree, 

or ftick of timber fo drawn ; to be recovered in an aftion of 

debt. 

[This A6t pafled June 1 7, 1 797.] 

An ACT to ered Derby School, in the North Parifti in 
Hingha??;, into an Academy, by the Name of Derby 

Acade?ny. 
nE it enaBed by the Senate and Houfe of Reprefentativesy in 
-^^ General Court ajfemhled^ and by the authority of the fame^ 
That the School eftabliflied in the north parifli in Hinghanty by 
the name of Derby Schcoly by " An A£t, entitled, an Adt for 
eftablifliing a School in the north parifli in Hinghaniy by the 
name of Derby Schooly and for appointing and incorporating 
Truftees of the faid School," pafled the eleventh day of JVo- 
venibery in the year of our Lord feventeen hundred and eighty- 
Derby Acade- four, be, and hereby is made and eredled into an Academy by 
my -caabhflicd. jj^g name of Derby Academy ; and the Truftees named and in- 
corporated in the A61 aforefaid, and their fucceflx>rs forever, 
fhall be bound to perform all the duties required in faid A61 
of the Truftees of Derby School, and may fue and be fued, and 
lliall hold, enjoy and exercife all the intereft, rights, privileges 
and immunities which were or might have been held, enjoyed 
and exercifed by, and were fecured to, the Truftees of faid 
School by the aforefaid A(ft, in the fame manner and to all in- 
tents and purpofes as they would have, had not the faid Schoolr 
been erected into an Academy. 

[This Act pafled June 17, 1797.] 

An ACT to incorporate the South Eleven -^Thoufand 
Acres, fo called, in the County of Berkfhire, into a 
Diftrid, by the Name of Southfeld. 

^ T>E it enacted by the Senate and Houfe of Reprefenta- 

tives, in General Court ajfmbledy and by the author" 

ity of the fame. That the South Eleven Thoufand Acres, fo called, 

gouthficld in- ^^ *^^ county of Berk/hire, and included within the bounda- 

corporated. ries hereafter defcribed, viz. Bounded north on Sundisfield, 

weft on New Marlborough, eaft on Granvilky and fouth on Con- 

neEiicut State line, together with the inhabitants thereon, be, 

and they hereby are incorporated into a diftridt by the name 

of 



BAPTIST SOCIETY. 'June 20, An.1797. 167 

of Southfield ; and the inhabitants of the faid diftrift are here- 
by invefted with all the powers, privileges and immunities, 
that diftrifis in this Commonwealth do or may by law enjoy. 

Sect. 2. Be it further enaBed, That Drake Mills^ Efq. be, 
and hereby is empowered to iflue his warrant to fome princi- 
pal inhabitant of the faid diftrift of Souihjield, directing him to ^'^^ meeting, 
warn the inhabitants thereof, to aiTemble at fome convenient 
time and place in the faid diftri^t, to choofe all fuch officers 
as by law are to be chofen in diftridts, in the month of March 
or April annually. 

Sect. 3. And be it further enaBedy That the inhabitants of 
faid diftrift, qualified as the Conftitution provides, Ihall have To choofe a 
a right to join with the inhabitants of the town of Sandisfeld Reprefentativc 
in chooiing a Reprefentativc to the General Court of this Com- *"j^ Sandis- 
monwealth, fo long as it fliall continue to be a diftri(Sl:. 
[This Kdi paffed June 19, 1797.] 

An ACT to incorporate a Number of inhabitants of 
Woolwich and Bowdoinham^ in the County of Lincoln, 
into a Society, by the Name of The Baptiji Society 
in Woolwich and Bowdoinham. 

c ^ D-fi it enaEicd by the Senate and Houfe of Reprefcnta- 

-*-^ tivesy in General Court ajjembledy and by the author- 
ity of the famcy That Seth Hathorney Samuel Stinfon^ fofhua Bay- Perfons incor> 
ley^Charles Curtis , William Hathorney Thomas Dinfmore, jun. Wil- porated. 
Ham JVhitmorey foflnta Bayley^ jun. Jofeph Brookins, Benjamin 
Baleyy John ShaiUy Daniel Card, Jofiah Brook, ]un. Jofeph Lan- 
iejler, Charles Curtis, jun. John PF^hite, }nn. John Brookins, Mofes 
Weymouth, Sufannah Blanchardy Robert HanJoUy Nathaniel Wil- 
Hams, George Thomas, jun. George Maxivell, Jofeph Dinfloiv, 
James Purrington, Thomas Dinfmore, James Baker, Zeblofi Preble^ 
jun. Jolm Dinfmore, Jacob Hathorne, Robert Jack, Robert Spear y 
Jofeph Rofsy John Springery Ziba Eatony Seth Macotnbicy Daniel 
Rofsy James Alily, Elijah Patterfony Thomas Springery Jofeph 
Sedgelyy Samuel Stockman, Elijah Pratty Jedediah Adams, William 
Whitmore, James Baker, members of a Religious Society, to- 
gether with their polls and eftates, be, and they hereby are in- 
corporated, by the name of The Baptifl Society in Woolwich and Corporate 
Bowdoifiham, with all the privileges, powers and immunities "ame. 
which pariflies in this Commonwealth are by law entitled to. 
Sect. 2. Be it further enaBed, That any and every per- 
fon in the town of Wookvich or Bowdoinham, in the county of How to be- 
Lincohiy being of the Baptift denomination, who may at any ^°^' * K^tm.- 
time hereafter actually become a member of, and unite in re- 
ligious worfhip with laid Society in Woolwich and Bowdoijihafn, 
and give in his or her name to the Clerk of the town or parifii to 
which he or Ihe belQngs,with a certificate figned by the Minifter 

or 



How to leave. 



i'68 BAPTIST SOCIETY. >«^ 20, An. 1797. 

or Clerk of faid Society, that he or flie has aftually become a 
member of, and united in religious worfliip with faid Society in 
Woohuirh and Bcvjckiuhnm^ fourteen days previous to the town 
or parifh meetings therein, to be held in the month oi March 
or April annually, lha1l, from and after giving fuch certificate, 
with his or her polls and eftates, be conlidered as a member 
of faid Society. Provided ha%vevery That fuch perfon fliall be 
held to pay his proportion of all money afleffed in the town or 
pariih to which he or ihe belonged previous to that time. 

Sect. 3. Be it further etiaaedy That when any member of 
laid Baptift Society, fhall fee caufe to leave the fame, and unite 
in religious worflifp with any other religious Society, and ihall 
give in his or her name to the Clerk of the faid Baptift Reli- 
gious Society, with a certificate, figned by the Miuifter or 
Cterk of the parlfli or other incorporate Religious Society, 
with which he or fhe may unite, that he or flie has aftually 
become a member of, and united in religious worfliip Avith fuch. 
other pariih or other incorporate Religious Society, fourteen 
days previous to their meeting in T>l(<.rch or April, and Ihall 
pay his or her proportion of all money afleffed in faid Society 
previous thereto, fuch perfon fliall, from and after giving fuch 
certificate, with his or her polls and eftates, be confidered as 
members of the Society to which he or fhe has fo united. 

Sect. 4. Be it further ennBed., That Francis Winter^ Efq. 
rirft meeting, be, and he hereby is authorized to iffue his warrant, di- 
rected to feme principal member of faid Society, requiring 
him to notify all the members thereof, c}ualifiedto vote in 
parifli affairs, to affemble at fome iuitable time and place in 
faid town of Boivdoijihaniy to choofe inch parifli officers as 
pariflies are by law required to choofe, in the month oi Alarch 
or Ap:'il anually, and to traniact all other matters and things 
neceilary to be done in faid Society. 

[This Act pafled June 20y 1797.] 



An ACT for incorporating a Nunriber of the Inhabit- 
ants of Norlb 7'armoiiih and Frccpcrt^ in the County 
o^ CianbcrUind^ into a dillinctandfeparatc Religious 
Society, by the name of Th^ Baptiji Religious Socie- 
/v in North Tar.uGuth and Free port. 
^^ . , iVE it cnaBed by the Senate arid Houfe of Reprcfenta^ 

-'-^ lives, in General Court affcnihlcdy and b^ the author- 
ity of the fame. That Ebenezer Collis, John Thomas, John Merril, 
Perfons incor. S-Twuel Stubbs, Nathan WefJ'on, Oliver Byram, Jchn Drinktvatery 
poratcd. j^^j^^^,^. py^]^ S,u/7?/^'/ Tork, Sherbi Prait, Hezckiah Corlis, Joftma 

Corlis, Winthrop Boflon, David Drinkiva/er, IVilliam True, Thom- 
as ChacCj John Millikiny Jofeph BanJcs, David True, Jacob Brown, 

Samuel 



BAPTIST SOCIETY. Juneio.An.iyg';, i6g 

Samuel Thompfon^ William Mitchell., Jofiah CummingSf Thomas 

Wentwothi Scth Mitche/l, }un. Comfort ViJeto, Stephen Blfdelly 

Alexander Millsy Jeremiah StiMs, John Sargent j Nathaniel Gooch, 

Hiram Hatch^ WilUnm Chace/}un. Samuel Morrily Samuel Lnrra- 

bee, John Broiun, Mofes Merrily Lemuel Tuck^ Jofeph VidetOy Enoch 

Harvey, If.ael Trucy members of the faid religious Society, with 

their polls and eftates, be, and they are hereby incorporated by 

the name of The Bapti/i Religious Society in North-Tarmouth and Corporate 

Freeporty with all the privileges, powers and immunities which "'*"^^* 

other parillies or religious Societies in this Commonwealth are 

by law entitled to. 

Sect. 2. And be it further enaBedy That any perfon who 

may hereafter aftually become a member of, and unite in relig- ^^°^ *° ^"^^ 
' ,1. • • 1 ^? r • I T> ^-n o • ^ J • • !-• come a mcra- 

lous worlnip with tiie iaid baptift oociety, and give in his or ^^^j. 

her name to the Clerk of either of the parifhes in faid towns 
of North-Tarmouth or Freeporty to which he or fhe may be- 
long, with a certificate figned by the Minifter or Clerk of the 
faid Baptift Society, that he or fhe hath adtually become a 
member of, and united in religious worQiip with faid Baptift 
Society, fourteen days previous to the parifh meeting to be 
holden in the month of March or April annually, fhall, from 
and after giving fuch certificate, be confidered with his or 
their polls and eftates, as members of and belonging to faid 
Baptift Society : Provided hotuevery That all fuch perfons fhall 
be holden to pay their proportion of all monies alTefted in 
the parifh to which they belonged previous to that time. 

Sect. 3. Be it further enaciedy That when any member of 
faid Baptift Society fhall fee caufe or be inclined to leave faid How to Icavfc 
Society, and join in religious vvrorfliip with any other Society, 
in either of the towns of North-Tarmouth or Freeport afore- 
faid, and ftiall leave a certificate with the Clerk of the Baptift 
Society aforefaid, figned by the Minifter or Clerk of ei- 
ther of the par lilies, that he or flae hath adlually become a 
member of and united in religious worfhip with faid parifh 
or religious Society, fourteen days previous to their annual 
meeting, holden in the month of March or Aprily and fliall 
pay his cr her proportion of all monies voted in faid Baptift 
Society to be raifed previous thereto, fuch perfon fhall, from 
and after giving fuch certificate, with hn or her polls and ef- 
tate, be confidered as a member of the Society to which he 
or fhe hath fo united. 

Sect. 4. And be it further enaEledy That William Mar-^ 
tiny Elq. be, and he is hereby authorized to iffue his warrant ^"^^ mectjrtg* 
dlrefted to fome principal member of the faid Baptift Society, 
requiring him to notify all the members thereof qualified to 

vot« 

Vol. it. X 



tfo DEERFIELD RIVER BRIDGE. June 22, An. 1797. 

vote in parifli affairs, to affemble at fonie fuilable tinie and 
place mentioned in faiJ w.in-aut, to choofe all fuch officers as 
parifhes by law are required to choofe in the month of March 
or April annually. 

[fhis Act palled June 20, 1797.] 



Preamble. 



Incorporating 
claufc. 



An ACT for incorporating certain Perfons for the 
Purpofe of buildin;^ a Bridge over Dccrficld Ri-vcr, 
fo called, where IVilliums's Ferry is now kept, and 
for fupporting the fame. 

WHEREAS the erefting a Bridge over the river in the 
town oi DeerfiehU where WiVunvs's Feny'is now kept, 
will be of great public utility, and Jonathan Hcit and David 
Smead, Efq. have petitioned this Court for an Adf of in- 
corporation to empower them to build the faid Bridge ; 
and many perfons vmuer tlie expectation of fuch an A£t have 
fubfcribed to a fund fcr the purpol'e of erc£ling and com- 
pleting the lame : 

Sect, i . Be it therefore enaBed by the Senate and Houfe of 
Reprcfi'ViativeSy in General Court njfemhkd-, and by the authority of 
the famey That Jonathan Holt and David Smendy Efq. fo 
long as they ihall continue to be Proprietors in the faid 
fund, together with all thofe who are, or fhall hereafter be- 
come Proprietors to the iaid fund, fliali be a Corporation 
and ijody Politic under the name of The Proprietors of Deer- 
field River Bridge ; and by that name may {i\e and profecute, 
and be fned and profecuted to final judgment and execu- 
tion, and do and fuffer all m,itter:i and things which bodies 
corporate m.iy or ought to do and iuttcr ; and the faid Corpo- 
ration ihall ha\e fidl power and authority to make, have and 
ufe a conunon feal, and the f ime to break and alter at pleafure. 
StCT. 2. Be it further enaBcd., That the faid Jonathan 
Firfl meeting Hoit and David Sn;ead, Efq. or eitlicr of them, may by adver- 
how to be call- jjCfj^^-^ei^t; Jii tl^e Grte) field Gtvzeiie^ warn or call a meeting 
of the faid Proprietorsj to be hclden at any fuitable time 
and place after ten days from the publication of laid adver- 
tifement •, and the faid Proprietors by a vote of the minor- 
ity of thofe prefent or reprelbnted at the faid meeting, (ac- 
counting and allowing a vote to each llngle fhare in all cafes) 
A Clei4t to be fliall choofe a Clerk, who fhall be duly fworn to the faith- 
chofei). £^j| difcharge of his office ; and alfo fhall agree on a 

method for calling future meetings -, and at the fame or 
Rules to b^ cf- any fubfequent meeting, may make and eftablifli any rules 
and regulations that fhall be neceflary or convenient for reg- 
ulating faid Corporation, and for caO(5Ling, completing and 
executing the purpofcs aforefaid, and for collecting the toll 

hereafter 



tibliflied. 



DEERFIELD RIVER BRIDGE. >«.-22, An.1797. 171 

hereafter granted ; and the fnme rules and regulations may 
caule to be kept and executed, or for the breach thereof 
may order and enjoin fines or penalties, not exceeding ten 
dollars ; provided the rules and regulations are not repugnant 
to the laws or Conftitution of this Commonwealth : And 
the faid Proprietors may alio choofe and appoint any other 
officer or officers of the faid Corporation, that they- may 
deem necelTary ; and all reprefentations at the faid meetings, 
fhall be proved in writing, figned by the perfon making 
the fame, by fpecia! appointment, which Ihall be filed with 
or recorded by the Clerk ; and this Aill, and all rules, regu- 
lations and votes of the find Corporation, fhall be fiirly and 
truly recorded by the Clerk, in a book or books for that pur- 
pofe provided and kept. 

Sect. 3. Be it further enncled. That for the purpofe of 
reimburllng the faid Proprietors the moiiies by them expend- 
ed or to be expended in building and fupporting the faid Bridge, 
a toll be, and is hereby granted and eftablilhed for the fole 
benefit of the faid Proprietors, according to the rates follow- 
ing, to wit : For each foot pafTenger, tiuo cents ; for one per- Toll cflablifli- 
fon and horfe, fotir cents ; for a fingle horfe cart, fled or ed. 
fleigh, ftx cents ,- for a fleigh drawn by two horfes, eight 
cents; for a fingle horfe_ chaife, chair or fulkey, eight cents; 
for coaches, chariots, phaetons and curricles, tiveniy ce7its each ; 
for all other wheel carriages drawn by more than one beaft, 

feventeen cents : for neat cattle and horles pafTing the faid 
Bridge, exclufive of thofe ridden or in carriages or teams, 
each tiao cents ; for Iwinc and flieep, each dozen, ^'^.v cetrts ,- 
and at the fame rare for a greater or lefs number ; and to eacJi 
team one perlbn and no more Ihall be allowed as driver to 
pafs free of toll ; and at all times v/hen the toll-gatherer 
Ihall not attend his duty, the gate or gates fhall be left open : 
And the faid toll fhall commence on the day of the opening 
of find bridge for palTengers, and ihall continue for and dur- 
ing the term of feventy years ; at the end of which term 
the faid Bridge fliall be difpofed of by the Government, as 
the Legiflature fhall think proper : Provided neverthelefsy 
That from and after the expiration of thirty years from 
the firft taking- toll for the palling fiiid Bridge, the faid 
Legiflature fliall have full power and authority from time 

,to time to alter and regulate the feveral rates of toll afore- 
laid as they naay think proper. 

Sect. 4. Be it further enc.Eted^ That the faid Bridge 
fliall be well built, at leaft twenty-four feet wide, of found Bj-ido-e how to 
and fuitable materials, with v^'ell-conflrucled fubitantial piers be btilt. 
on Qkz\\ fide, and well planked on the top and fides with 
planks proper for. fu ch a Bridge; and the finne flrall be 
kept in good, fafe and pafTable repair for the term aforefaid, — to be kept 
and at th.e end of faid term Ihall be in like repair ; and at in repair. 

the 



172 SACO RIVER BRIDGE. 7««^ 22, An.1797. 

the place where the toll Ihall be received, the faid Pro- 
prietors ihall ere(ft and conftantly expofe to open -view, a 
fign or board with the rates of toll of all the tollable arti- 
to^be'erede^ ^^^^> fairly and legibly written thereon in large or capital let-, 
ters. 

Sect. 5. And be it further enctBed, That if the faid Pro- 
Time limited prietors fliall negleft or refufe, for the fpace of three years 
(pr building, after the paffing this A6t, to build the faid Bridge, and 
complete the fame, then this A£l Ihall be void and of no 
effea. 

[This AOi pafled June 22, 1 797-3 

An ACT empowering Seth Spring to build a Bridge 
acrofs the main Branch oi Saco Rher^ixom Springes 
JJIand. in Biddeford^ to Pepperelborough. 

« D-^ it emiBed by the Senate and Houfe of Reprefenta- 

■*~^ tives, in General Court affembled^ and by the author- 
ity of the fame ^ That Seth Spring, of Biddeford, in the county 
S, Spring em- of Tork, Gentleman, be authorized and empowered to ere6\ 
jpwered. ^ Bridge, at his own expenfe, acrofs the main branch of 
Saco River, above Saco Falls, from Spring's I/Iond, (fo called) 
in Biddeford aforefaid, to the river fide of the road in Pep- 
perelborough. 

Sect, 2. Be it further enaSfed-, That the faid Bridge fliall be- 
Bridge how to built of good and fufficient materials, and raiied eight feet 
be built. ^j. \Q2,{}i above the level of the prefent road on the eaflern 

fide of faid river, leaving free a paflage-way of forty-eight 
feet at leaft, between the abutment on the eafi:ern fide and 
the pier next to the fame ; the faid abutment not to proje£t 
more than fix feet into the water. 

Sect. 3. Be it further enaciedy That for the purpofe of 
reimburfing the faid Spring, his heirs and afligns the mon- 
ies expended in building and fupporting faid Bridge, a toll 
be and hereby is granted to him, his heirs and afligns, for 
their fole benefit, according to the rates following, to con- 
tinue till the further order of the General Court, viz. for 
•Ml eftablilh- ^^^y^ ^^^^ pafTenger, tivo cents ; for each perfon and horfe,^*: 
cents ; for every cart, fled or fleigh drawn by one horfe, ten 
cents ; for every cart, waggon, fled or fleigh, drawn by two 
or more horfes, tivelve and a half cents ; for every chaife or 
chair, drawn by one horfe, with the riders, fifteen cents ; 
for every horfe and fulkey, with the rider, tnvclve a?id a half 
cents ; for every chaife, drawn by two horfes with the paf- 
fengers, tiventy cents ; for each coach, chariot, phaeton or 
curricle, including paflengers, twenty-five cents ; for each cart 
or fled drawn by two oxen, ten cents ; for every cart or 
fled, drawn by four or more oxen, twelve and a half centf : 

for 



LEWISTON BRIDGE. June 22, K^.i^jgy, 173 

for all neat cattle, ofie cent each ; for each dozen of fheep or 
fwine, tiuo cents ; and fo in proportion for a greater or lefs 
number ; and in all cafes the fame toll lliall be paid for all car- 
riages and vehicles palling faid Bridge, whether the fame be 
loaded or not loaded ; and to each team one man, and no 
more ihall be allowed as a driver, to pafs free from pa^'ment 
of toll ; and the toll-gatherer Ihall not be obliged at any time 
to open the gates for any paffenger till he or Ihie has paid 
the rate of toll •, and at the times when the toll-gatherer 
Ihall not attend his duty, the gate fhall be left open. And 
if any perfon Ihall receive or demand any greater toll in any 
cafe than is ftated by this Adl, or Ihall hinder or attempt to 
hinder any perfon from paffing faid Bridge with his horfe or 
horfes, cattle or carriage, fled or fleigh, fheep or fwine, up- 
on paying or oifering to pay the toll hereby eftablilhed, he 
fliall forfeit the fum of thirteen dollars^ to be recovered before Penalty for cx- 
any Juftice of the Peace, in the faid county of Tork, by any tortion. 
perfon from whom, fuch greater toll fhall be received or de- 
manded, or by any perfon fo hindered or attempted to be 
hindered from paffing, as the cafe may be. And the faid 
Spring Jliall put and conftantly keep up at the place where the Sign-board » 
toll ihall be received, a fign-board, on which fliall be painted in ^^ ereded. 
large, fair and legible chara6ters, the feveral rates of toll eftab- 
lifhed by this Adt ; otherwife he ihall not be entitled to re- 
ceive the fame ; and faid toll fliall be no longer demanded 
than while the faid Spring ihall keep the faid Bridge in good 
repair. 

[This K€t pafTed June 22, I797-] 

An ACT for incorporating certain Perfons, for the 
Purpofe of building a Bridge over Androfcoggin 
River, at Leivijion, between Twenty- Mile Falls and 
the Ferry-way. 

"U"]| fHEREAS the ere(Sl:ing a Bridge over Androfcoggin 

VV ^'''^^'■» below T%vcnty-Mile Falls, fo called, will be of ^"'^'"'''^ 
great public utility, and John Herrick and others, have peti- 
tioned this Court for an Act of Incorporation, to empower 
them to build laid Bridge : 

Sect, i . Be it therefore enaRed hy the Senate and Houfe of 
Reprefentativesy in General Court afemhled, and by the authority of 
the fame y That John Herrick, J'jfpl^ Treadwelly Benjamin Mer- Pcrfons incoc- 
rilly Jos. Herricky Abner Harris, Jofeph Blanchard, Jofcph porated. 
Field, William Colder, Nathan Cutter, Joel Thompfon, Daniel 
Coney, Jofeph North, William Howard, James Bridge, Elias 
Craig, George Crofiy, Peter J. Vofe, S. Hoivard, jun. William 
Sprague, and Daniel Davis, with all thofe who have afTociated 
for the purpofe, together with all thofe who iliall hereafter be- 
come 



174 LEWISTON BRIDGE. June Ti,An,iygy, 

come Proprietors in faid Bridge, fhall be a Corporation and 
Body Politic, under the name of 2^ke Proprietors of Letuifton 
Bridge ; and by that name may fue and profecute and be lued 
and profecuted to final judgment and execution, and do and 
fuffer all other a6ls and things which Bodies Corporate may 
and ought to do and fuifer •, and that faid Corporation fhall 
have full power and authority to make, have and ufe a com- 
mon feal, and the fame to break, alter and renew at pleafure. 
Sect. 2. Be it further enacled, That Daniel Cony, Efq. 
Daniel Cony may, by advertifement in one of the newfpapers printed in 
may call firit the county of Lincoln warn and call a meeting of the afore- 
mceting. ^^\^\ Proprietors, to be holden in Halloiuell aforefaid, at any 

fuitable time and place, after fourteen days from the publi- 
cation of fuch advertifement, and the faid Proprietors, by a 
vote of the majority of thofe prefent, accounting and allow- 
ing one vote to each fhare, [provided no perfon fhall be en- 
Clerk to te titled to more than ten votes) fliall choofe a Clerk, who fhall 
chofcn. ijg fworn to the faithful difcharge of his ofHce ; alfo, may 

at the fame or any fubfequent meeting, choofe fuch other 
officers as rnay be found necefTary for managing the bufinefs 
of the faid Corporation \ and fhall agree on a method of 
calling future meetings, and at the fame or any fubfequent 
•>- r n^eeting may make and eftablifli fuch rules and regulations, 
t^bllilied. ^^ i\\'ix\\ be deemed convenient or necefTary for regulating 
the faid Corporation, effedling, completing and executing 
the purpofes aforefaid, and for collecSling the toll herein 
granted ; and the fame rules and regulations may caufe to 
be kept and executed, and for the breach of any of them, 
may order and enjoin fines or penalties not exceeding twelve 
dollars : Provided, That faid rules and regulations be not re- 
pugnant to the Conftitution and laws of this Commonwealth. 
.Sect. 3. ^nd be it further enacted. That faid Bridge fliall 
be erefted at Le-xviflon aforefaid, between Twenfy-Mile Falls 
and the ferry-ways aforefaid, and that it fhall be built of good 
Bri'l eh t ^-"'^J Sufficient materials, not lefs than twenty-fix feet wide, and 
be bu»it. well covered with plank or timber fuitable for fuch a Bridge, 

with fulTicient rails on each fide for the fafcty of p-cifTeri- 
gers : And the fdls or firing-pieces of faid Bridge fliall be 
laid at leaft eighteen feet above the furface of the water in 
a common frelhct : And the faid Bridge fliall be fb conflru^led 
as to leave a pafTage between the piers which fliall or may 
be erected for the fupport of faid Bridge, fufficiently large 
to preferve, without interruption, the privilege of tranfporta- 
tion in boats and other water-craft and of rafts under faid 
Bridge. 

■Sect. 4. And he if further enncled, Tliat for the purpofc 
of reimburfing the faid Proprietors of Lewiflon Bridge tlie 
money expended and to be expended in building, fupporting 

and 



DRACUT GONG. SOCIETY. June 22, kn.xyc^j. 175 

and keeping in repair the faid Bridge, and for indemnifying 
them for their rifle, a toll be and hereby is granted and 
eftabliflied for the fole benctit of faid Corporation, according 
to the rates following, viz. For each foot palTenger, or one 
perfon paffing faid Bridge, tivo cents ; one perfon and horfe, Xoji eftablifli- 
Jix cents and tivo mills ; iingle horfe-cart, fled or fleigh, ten ed. 
cents ; each wheelbarrow, hand-cart, and every other vehicle 
capable of carrying a like weight, four cents ; each team, in- 
cluding cart, fled or fieigh, drawn by more than one beall, 
not exceeding four, tivelve cents and f.ve mills ; and for every 
additional beall above four, tivo cents each ; each fingle horfe 
and chaife, chair or fulkey, fixteen cents and jive mills ; each 
coach, chariot, phaeton and curricle, thirty-five cents ; neat 
cattle or horfes, exclulive of thofe rode on, or in carriages, 
or in teams, tivo cetJts each ; Iheep and fwine for each dozen, 
fix cents ; and at the lame rate for a greater or lefs i:ium- 
ber. And in all cafes, the fame toll fliall be paid for all 
carriages pafling faid Bridge, whether the fame be load- 
ed or not loaded •, and to each team one man and no 
more Ihall be allowed as a driver to pafs free from payment 
of toll. And the faid toll fhall commence at the day of the firfl 
opening of the faid Bridge for paflengers, and fhall continue 
for and during the term of thirty years from the laid day ; 
and after the expiration of that term, the faid toll fhall be 
fubje6t to be regulated by the General Court : Provided., 
the faid Proprietors fhall at all times keep the faid Bridge 
in good and paflable repair during the term or terms afore- 
faid ; and provided that the faid Bridge flrall revert to the 
Commonwealth at the expiration of feventy years from and 
after the day of the firfl opening of faid Bridge. 

Sect. 5. Jlnd be it further enacledy That if the faid Corpo- 
ration mall negle£t or refufe, for the fpace of feven years Time for build- 
from the palling this AcSl, to build and complete the faid l^g ^'i'^S^ •""* 
Bridge, then this Act ihall be void and of no effect. "'^*^' 

[This Aft palled June 22, 1797.] 

An ACT to incorporate certain Pcrfons, by the 
Name of The Weft Congregational Society In Dracut, 

c J T^E It enaEled by the Ze?iate and Houfe of Reprefeni^ 

ativesy in Gaieral Court aJTcrnbled, and by the au- 
'thorlty of the fame, That Parker Farnumy Jon. Farnum^ Peter „ . . 
Coburn, jun, James Varnum, James Abbot y Coburn Blood, -^0- corporace4.> ' 
fes Clementy Jabez Coburn, Jonathan Morgan, Hezekiah Coburn, 
Thos. Faruum, Jofeph Dane, IFilliam Fiji, Lemuel Coburn, Solo- 
mon Ofgood, jun. John Dutton, Aaron Coburn, Seth Ded/on, Solomon 
Ofgoody Samuel Coburn, Ephraim Coburn, Peletiah Cobwn, Tim- 
§thy Coburn, Lewis An/art, Williard Coburn, Jejfi Williams, 

Ezekiii 



j^5 DRACUT CONG. SOCIETY. Juneit.kvi.ij^y. 

EzeJiiel RicbardfofJ, Jopp^^ Rickardfoti^ David Bloody AiidrenO 
Barker i Mofes B^ Cobiirn, Abraham Blood, Solomon Abbot, jun. 
Peter Coburn, fofiah Fox, Samuel Cummhigs, Jonas Varnum^ 
Vohn Hamblet, Thaddeus Hamblet, 'Jonathan Hamblet, Jojiah W. 
Cobiirn, Ezra Coburn, Tkaddeus Wiifon, J^pma Mnrfnal, IVil- 
llam Webjlcr, Samuel Coburn, Bradley Vanrum, John Taylor^ 
Stfphen Kemp, Ifaac Taylor, Timothy Brown, Simeon Williams, 
Jofhua Hunt, Jofeph Wiljon, Jonathan Cohurn, jun. Jatnes Haf- 
eltlne, and Leonard Thompfon, together with all thofe Avho fhall 
jom faid Society and become members thereof, and unite 
with them In the lame place of worfhip within the (aid 
town of Dracut, with their feveral polls and eftates, be, and 
they are hereby incorporated into a Society, by the name of 
The Wejl Congregational Society in Dracut, with all the privileges, 
powers and immunities which limilar Societies are entitled to 
by the laws of this Commonwealth. 

Sect. 2. Be it further enacted. That the faid Wejl Congrc" 
Certain taxes gational Society be, and they are hereby holden to pay into 
IL rown''ttel° ^^^ treafury of faid town of Dracut, all taxes legally afTeffed 
furer. upon the inhabitants thereof, before the fourth day of June, 

inftant, for the fupport of the minifter, and fhall be entitled 
to receive their rateable proportion, according to their polls 
and eftates, of all the monies due and belonging to faid 
town, or that may have been in the Treafury thereof on 
the faid fourth day of June, inftant, which has heretofore 
been appropriated to the fupport of the minifter ; and they 
Ihall fpecially appropriate their faid proportion of fuch mo- 
ney when received, to the fupport of a Gofpel Minifter with- 
in the faid parilli. 

Sect. 3. Be it further enacled. That the Clerk of faid 
Clerk to keep Societv ihall keep a fair record of the names of all perfons 
record. ^^^ ^^^ members thereof, and when any member of faid 

Societv Ihall requeft a difmiffion therefrom, and ftiall figni- 
fy the fame in writing to the faid Clerk, fuch Clerk fliall 
make a record thereof, and fuch perfon Ihall thereupon be 
dilinifTed accordingly, byt ihall be held to pay his propor- 
tion of fuch money as iliail have been prevloufly granted 
by faid Society, and fhall become fubjeift to taxation in the 
firft parlih or precintSl in faid town. 

Sect. 4. Be it further enabled. That all thofe who fhall 
be hereafter defirous of becoming members of laid Society, 
^''^"^jj^^^^'^j^^^; being inhabitants of laid town of Dracut, and Ihall fignify 
' the fame in writing to the Clerk of the firft parifh or precinft 
in faid town, thirty days at leaft previous to the annual meet- 
ing of the inhabitants of faid firft parifti or precindt in faid 
town, in the month of April, fliall be coniidered in law as 
members of faid Society : And any perfon or perfons who 
fhall leave any other religious Society in faid town of Dracut, 

and 



comei 



Boundary LINJE. June i2,An.iyg';, 177 

and join the Society incorporated by this Aft, {hall be hold* 
en to pay his proportio'h of all luch money as Ihail have 
been previoufly granted by the Society which they Ihall 
leave as aforeiaid. 

Sect. 5. Be it further enacted, That Ehenezer Bridge y Efq. E- Erldjre.Eftj. 
lie, and he hereby is empowered and direfted to iifue his ["^^^j"" ^'"^ 
warrant to fome principal member of laid Society, requiring 
and empowering him to warn a meeting thereof, at fuch 
time and place as fhail therein be fet forth, for tlie choice 
of fuch officers as may be chofen by pariflies in the montli of 
March or April annually, and for the tranfa£ling of fuch othei" 
bufinefs as may be legally tranfafted in fuch meetings. 
[This Aa paffed June 22, 1797.] 



An ACT for altering the boundary Line between 
the Towns of Needham and Natick, and for permit^ 
ting fundry Perfons to annex themfeives to certain 
Parifhes. 

•^ "^ "THERE AS it appears necelTary for the reafonable accom- pj-g^^^jj]. 

V^ mcdation of the inhabitants of the town of iV^^zVi^, and 
of the weft parifti in the town of Needham, that certain perfons, 
with their eftates, Ihould be fet off from each of the faid towns, 
and annexed to the other, and that licenfe flaouid be given to 
itindry perfons hereafter named, to annex themfeives to either 
of the parifhes in the towns of Needham, Dover or Sherbur/je, at 
their option, within a limited time : 

Sect, i . Be it enoBed hy the Senate and Houfe of Reprefent- 
atives, in General Court afftmhlcd, and by the authority of the 
fame, That the boundary line between the faid towns of Need- 
ham and Natick, and between the counties oi Middlefex and Nor- 
folk, fhall in future be as follows, viz. Beginning at the corner New tounda*» 
of Ephraim Stevens' farm, about forty rods wefterly of the fouth- ries. 
wefterly corner of tlie town of Wejlon, marked W. on the map 
of faid Natick, and running a ftraight line to a ftake in a mead* 
ow at the fouth-wefterly corner of faid Stevens' farm, thence in 
a llraight courfe until it ftrikes the Hne bet\veen the towns of 
Dover and Natick, in the bend of the river. And all the polls 
and eftates weft of this line, which heretofore belonged to the 
town of Needham, fhall hereafter belong to and be part of the 
to%vn of Natick ; and that all the polls and eitates eaft of the 
faifl line, which heretofore belonged to the town of Natick, fhall 
hereafter belong to and be ^part of the town of Needham, and 
of the weft parifh in laid town. 

Sect. 2. j!<lnd he it further enaBed by the authority afcrefdidf 

That the following inhabitants of the fouth-safterly part of Na- 

■ ■ ■ ' ■ tickf 

VoL.Ii t 



178 BOUNDARY LINE. ->«^ 22, An.1797. 

Perfonspermit- ^^^^^ ^^'^- Ebcfiezer Kimball, Mofes Saiviuy Ah'ijah Strattoti, jun. 
ted to join cer- Timcthy Smith, jun. JoJInta Carter, Samuel Perry, Hezekiah Broad, 
tain parifhes. J^g.i,l Saivifi, Phares Saivin, Roger .Whiting, Edward Rujfcil, 
Eleazer Gouldin^, Enoch Draper, IVilliam Paine, Samuel Stoiv, 
Ezekiel Saiuin, Elijah EJiej, William Broiun, Oliver Bacon, Dan^ 
id Morfc, Williatn Bigelow, Ahijah Stratton,, John Atkins, Thonf- 
as Saivin, EUphalet Kingsbery, Afa Bacon, William Morfc, Solo- 
mon Brackett, Henry Morfe, Ebenezer Newell, Eliakim Morril^ 
John Bacon, Elijah Perry, Samuel Laiuton,' Joel RuJJcll,2.nd. Da- 
vid Morfe, with their polls and eftates, be, and they hereby are 
jeverally authorized and permitted to join either of the neigh- 
bouring pnrifties in the towns of Needham, Dover or Sherburne, 
as to them Ihall appear be(l, on or before the firft day of Janua- 
ry, in the year of our Lord one thoufand feven hundred and 
ninety-eight •, on or before which day, in cafe they join any other 
parilli than that to which they now belong, they fhail certify 
the fame, both to the Clerk of the town of Natick, and to the 
Glerk of fuch other pariih, and to the Secretary of the Com- 
monwealth, in writing : 7\nd upon their refpe6lively joining any 
of the aforenamed neighbouring pariflies, and certifying the 
fame within the time aforefaid, they and their eftates and 
their fuccelibrs in faid eftates, fliall become pariihioners 
thereof, and be fubjedl to all duties, and entitled to all 
privileges as other parilliioners are by law : Provided ncver- 
Taxes to be ^^^^M^i That nothing in this Acl fhall be conftrued to ex- 
paid, empt any of the aforenamed perfons or their eftates from 
the payment of any taxes that may have been heretofore 
aftefted upon them, or granted in the parifli to which they now 
belong, nor which may be hereafter alTeiTed upon them, or grant- 
ed previous to their joining any other parifli as aforefaid ; nor 
to exempt any pei'lons who may, by virtue of this Act, be fet oft' 
from either of the towns of Needham or Natick, from paying 
fuch taxes as may have been aiTelTed upon them or granted by 
fuch town previous to the prefent time ; but all Ibch taxes Ihall 
be paid in the fame manner as though this Acl had not been 
pafTed. 

Sect. 3. And be it further enacted by the authority aforefaidy 
That in cafe any of the inhabitants aforeiaid, who may here- 
by be fet oft' from either of the faid towns of Needham or Natick, 
to the other, are now or fhall become poor and chargeable to the 
Poor by whom town for their fupport, that fuch poor inhabitants Ihall be main- 
to be lupport- ^^-^^g^ .^j^j fupported by the town to which they are by this ASi 
annexed. 

Sect. 4. And be it further enafled by the authority aforefaid. 
That all perfons fet off" from either of the faid towns of Needham 
Schoolinfr to be ^j. jsfatick, fivall have the benefit of fchooling, and in cafe of their- 
<ontinu(. . ijeing poor, fhall receive fupport from the towns from which 
ihey may be fet oif, until the taxes already granted for thofe 
purpofes fliall be expended ; any thing in this law to the con- 
trary notwithftanding. 

[This A61 pafTed June 22, 1797.] 



BIDDEFORD SOCIETY. >;?.- 23, An.1797. 179 

An ACT to incorporate certain Perfons by the Name 
of The Second Religions Society in Biddeford, 

^, r^E it efiaBed by the Senate atid Hciife of Rcbrefcnta- 

fives, in General Court affembledy and by the author- 
ity of the fame. That Benjamin Hooper, Betijamin Staple, Dodivah ^'"'"'o'" i"*"'. 
Bickford, Noah Hooper, Robert Gilpatrick, Phinehas A'IcIntire, 
Abraham Storer, Daniel Hooper, Samuel Emery, fames Bradbury, 
Matheiv Klffick, Benjamin Hooper, jun. Jeremiah Hill, Theodore 
Mclntire, IVilliam Freeman, Samuel Smith, Samuel Bradbury, 
Per/la Bickford, jun. William Stephenfon, jun. Ehenezer Hill, 
Enoch Smith, Paul Thompfon, Patridge Richardfon, Stephen Per- 
kins, Edmund Perkins, Alexander JVatfon, Abraham Dearborn, 
Jofiah Long, Robert Bragg, fames Carlfle, jun. Robert Stevenfon, 
fofiah Long, jun. Andreiv Staple, John TVadlin, IVilliam Gilpat- 
rick, Obed Emery, John Hooper, George Hooper, Donald CummingSj 
William Stevenfon, Jofeph Dunham, John Townfon, William Suth- 
erland, Mofcs Bradbury, Jofeph Staple, Samuel Pierfon, William 
Haley, Aaron Gray, Mofcs Rhodes, Jofeph Perkins, Nathaniel Cuin- 
mings, Alofes Wadlin,]\\n. Perfia Bickford, David Currier, Thotn- 
as Burton, Benjamin Mafon, jun. Noah Staple, Pike Gordon, Ed- 
mund Cojffin, and Robert Patten, together with all thofe who be- 
ing inhabitants of the faid town of Biddeford, are or lliall become 
members of the fame Society, or fhall unite with theni in the 
fame place of worfhip, within faid town of Biddeford, to- 
gether with their feveral polls and eftates, lying within laid town, 
be and hereby are incorporated into a Society by the name of 
The Second Religious Society in Biddeford, and by that name may „a„,^, 
fue and be fued, plead and be impleaded, defend and be defend- 
ed in any proper Court or place wliatever. 

Sect. 2. And he it further enacted by the authority aforcfaid. 
That the members of faid incorporation at any meeting of faid 
Society duly notified and warned, fliall have a right by a major- . . 
jty of votes to ordain and eilabliOi allfuch rules and regulations, jjg elhblifhed- 
and to appoint fuch officers for the government of faid Society 
as lliall not be repugnant to the laws and Conftitution of the 
Commonwealth; and at any fuch. meeting to vote fuch taxes 
and make fuch afleffinents thereof, as fhall be necellary for the 
fupport of faid Society, and tiie public teacher thereof. 

Sect. 3. And be it further enaEled by the authority aforefaid, 
That all male perfons belontrine: to faid Society and qualified to i^^^*^"* quah- 
vote m town airairs, Ihall have a right to vote m ail nieetmgs or 
the faid Society. • , . 

Sect. 4. And be it further enaBed by doe authority aforefaid. 
That the petitfoners and all others, their aUbciatcs in faid Society, Uabie to the 
and their leveral eftates lying in faid town of Biddeford, Ihall not miiutterial tix- 
be liable to any tax or afTeiTment which lliail hereafter be granted "=5. 

bv 



How 
come 
bers. 



i5o' GRANVILLE PARISH FUND. June 23, An. 1797. 

by the town of i?zV/J^*-Jjfor thefupport of any other public teaclier 
of piety, religion and morality, of whatever religious fe»Sl or de- 
nomination, but feverally Ihall be held to pay their proportion of 
all taxes legally granted and agreed upon by faid town before 
the paffing of this A<51. 

Sect. 5. And he H fuither enacled by the aulhofily afoyefaldy 
That all thofe who hereafter iliall be defirous of becoming mem- 
^° ^'^' bers of faid Society, being inhabitants of faid town, fhall leava 
" their names with theTown-Clerk of faid town, twenty days at leaft 
previous to the firft day of Jprll^ in any year hereafter, other- 
w^ife they Ihall not be conlidered in law as members of faid So- 
ciety ; and if any member of faid Society Ihall be defirous of a 
How to fecede. difmiflion therefrom, he ^'^<^^^ leave his name v/ith theClerk there- 
of, twenty days before the lirfl day of Aptlly in any year, and 
thenceforward Aall not be conlidered as a member of laid Soci- 
ety, but fliail be coniidcred as a member of the other religious 
Society in the faid town. 
. - . Sect, 6. And be it further enaBed by the authority aforefaid^ 

bow to be call- That any five of the members of this mcorporation iVxay call 
id. a firft meeting of faid Society, at llich time and in fuch place 

within faid tpwn of Biddefcrd, as they fhall fee fit, at which 
meeting the method of calling their future meetings fiiall be de- 
termined conformably to the laws of the Commonwealth. 
[This A<St palTed y?m£' 23, 1797-]^ 



Preamble. 



Truftees 

pointed. 

Powect 



An ACT to incorporate certain Perfons, Truilees to 
manage the Funds fubfcribcd for the permanent 
Support of a Minifter of the Congregational Denom- 
ination In the Eaft Parilh in Granville, In the Coun- 
ty of HampJJyire. 

WHEREAS the inhabitants of the e'afi: parifh in Gran-, 
ville aforefaid liave railed by ilibfcription a fund oifive 
thcufand dollars, for the fupport of a Congregational Minifter in 
laid parifli, and have petitioned the Legifiature for an A£l of In- 
corporation of certain perfons for the due management thereof : 
Sect. I. Be it enacted by the Senate and Houje of Reprefenta' 
^^ tives, in General Court afcrnblcd, and by the aidhority of the fame.. 
That Williani Cooky, Richard Dichenfon, Jtffe Muffon, Nathaniel 
Bates, and Afa Scyraour, be, and they hereby are appointed Truf- 
tces to receive and hold the whole of the monies that are already 
or that may hereafter be fubfcribed for the purpcfe aforefaid, 
to the amount offe-zen thoifand dollars in the whole, in truft for 
the ufe and benefit oi faid parifh, and the permanent fupport of 
agofpel Minifter of the Congregational order or denomination ; 
and Jlrall conftitute a Body Politic and Corporate, to have per- 
petual fucceflion for the due and faithful management of iaid 
truft, and fhall be vefled with all powers incident to Corpora- 
tions, neceffary or requilite for that purpofc. Si:cT. 



GRANVILLE PARISH FUND. >k<?23, An.1797. 18 1 

Sect. 2. Be it further enaBed, That theTruftees before men- 
tioned and their fucceffors in office, be, and hereby are inverted 
with fufficient power to receive all fuch fubfcriptions, donations, — to receive 
fecurities and monies as are now in the hands of the Treafurer '"on'es' 
of faid parifh, or any other perfon, or that may hereafter be 
made, given or fubfcribed for the purpole afoi-efaid,/)roi;zWffl?the 
fame do not eyic^ted feveti thoufand dollars in the whole ; and place 
the fame at intereft on good fecurity at their difcretion, and apply 
the whole or fo much as may be necelTary of the interell: ariling 
therefrom, to pay the falary of fuch Minifters as aforefaid, as How to be ap. 
the majority of the church and congregation have or may fettle, propnated. 
but not in any cafe to leflen or make ufe of any part of the 
principal ; and in cafe the whole of faid annual income and inter- 
eft Ihould be more than fufficient to pay the falary as aforefaid, 
then the furplus, if any there be, fhall be appropriated for the fup- 
port of fchools in faid parilh, or for enlarging faid fund, as the 
parifh may from time to time order or dire£l \ and if it ffiall fo 
happen, that faid Truftees fhall become feifed of lands or tene* 
ments by mortgage as fecurity for the payment of any debts due 
to faid Society or Corporation, or by levying executions on lands 
for the difcharge of debts due faid Truftees or parifli, and the 
fee thereof ftiall in due courfe of law be vefted therein, it fhall 
be lawful for faid Truftees, for the time being, to execute good 
and well authenticated warrantee deed of the lame, provided 
that a fale thereof be concluded on at any legal meeting of faid 
pariffi. 

Sect. 3. Be it further enaEied^ That faid Truftees fliall make x ft » 

an annual return in writing of their proceedings and dilburfe- niake annual 
ment, and lay the fame before the parifli at their annual meeting reports. 
in March or Aprils for their infpeftion. 

Sect. 4. Be it further enaSied^ That the inhabitants of 
faid parifh may, at any lav.'ful meeting duly warned and called Cafe of remo>f« 
for that purpofe, remove any of faidTruftees from their faid office °'' '^^'''"• 
and appoint others in their ftead, and alfo in cafe of death, refig- 
nation or removal of laid Truftees or their fucceffors,, to fill up any 
vacancy that may lb happen from time to time. 
Z^):\ii Act paffed June 11^, '^191-'] 

.j(|_ — . : ^_,.. 

An ACT to incorporate a Number of the Inhabitants 
of the Town of Uxbridge^ in the County oiWorceJlery 
into a Society for Religious Purpofes. 

q T)E it enaEled by the Seriate and Houfe of Reprcfenta" 

■^ tives, in General Court ajfembled^ and by the author" 
ity of the fame i That Mofes Whitney^ Robert G. TillinghaJ}, Ger^ 
fJjom Chapin-, Jofeph Ri/l, Aaron Taft, jun. Ephraim Springy ^q^^^^^a 
Samuel Craggin, Jonathan Whipple^ Benjamin Green, jun. Bcnja- 
inin Adams, Daniel Carpenter, Nicholas Baylies, Manama Bakery 



i82 CONGREGATIONAL SOCIETY. >«^23,An.i797. 

David Farnmn, jun. Samuel Taft^ Ebenezer Clnpy William Hull^ 
David Drapcr,jun. ElijhaAlurdock, A fa Tkayer, Nehemiah Hall fjnn. 
John Grouty Thaddeus Taft^ Gideon Frojly 'Joh?i Seagreave, Edward 
Raivfoj}^ Benjamrn Thiving^ Peter Wkitey Nathaniel Rijl, Ezckiel 
IVood) Daniel Chyoney^ Abijah Ktithy Comfort Keithy Ephraint- 
Tafty Luther Tafty Ckapin Kcithy Noah Keithy Jojeph Whitey Henry 
Whiiey Mojls While, Ezra White, Nahum White, Nathaniel Fijloy 
M.ofes Chapin, Jacob Taft, Eafman Taft, James Tafty Amariah 
Chapitiy Satnuel Allen, Jacob Taft, ]un. Jofeph Carpenter, Elihu- 
Broivn, Alpheus White, Samuel Willard, Gerfljom Taft, Leonard 
Taft, Cummings Tft, Jofeph Taft, Noah Taft, David Taft, Jofeph 
Taft, 3d. Jofeph Morfe, Micajah Taft, Mofes Taft, David Hall, 
Jt-ffe Morfe, ]\xn. Jonathan Elall, Jofeph Adams, Abner Taft, Webb 
Tafty Calvin Teft, Darius Taft, William Jacobs, Baxter Hall, 
Siwmel Reed, Caleb Farnum, Ebefiezer Winjlow, Stephen Williams, 
Alpheus Baylies, Ebenezer Read, Bezalecl White, Solomon Tyler, 
Joel Sibley, Baruck Bullard, Frederick Taft, Phineas Chapin, Afa 
White, Amariah White, Samuel Adams, Samuel Fechem, Zadoc 
Tafty Stephen Sibley y and Bezaleel Taft, members of the Congre- 
gational Society in laid town of Uxbridgey (whereof the Rev. 
Samuel Judfon is the prel'ent paftor) with their polls and eitates, 
be, and hereby are incorporated into a Society by the name of 
name°^^ ^ '^^^^ ^"^ ^'^"g^'^g^^^'onal Society in Uxbridge, and that they be, 
and hereby are invefted with all the powei'S, privileges and im- 
munities that parities' within this Commonwealth do or may 
by law enjov. 

Sect. 2. Be it further enaBed, That fuch other inhabitants 

^ ^^ ^'•^^'^ town of Uxbridge as have hitherto been confidered by 

ircludecfhi^this^^'*^ ^°^^" ^'^ ^^^*^"S"'? ^^ ^^^^ Congregational Society therein, 

Society. oi* who Ihall hereafter idiially attend public worfliip with faid 

incorporated Society, iliall be deemed and taken, with their 

polls and eftates, as belonging to and making part of faid incor-" 

poration, to ail intents and purpofes, as though paiticularly 

named in this Act. Provided notwidjlanding. That nothing in 

this AcSt fhall affedl the right of any one of the members of faid 

Society withdrawing his relation therefrom, and becoming a 

member of and uniting with fome other religious Society in 

Mode of wuh-f^id (.Q^^n j and in cafe any perfon or perlbns belonging fl^i<^ 

r-vvaig. incorporated Society, fhall hereafter fignify to the Cierk t^eof 

his or their deiire of becoming united with fome other religious 

Society in faid town, and iliall produce and lodge with the 

Clerk of faid incorporated Society, a cei'tificate ligned by the 

Minifter or Clerk of fuch oiher religious Society, of fuch perfon 

or perfons having ufually attended public worfliip therein, and • 

of having actually become united thereto, he or they fliall, from 

and after lodging fuch certiticate as aforelaid, be confidered as 

belonging to fuch other Society : Provitled however, That fucli 

perfon or perfons lliuli bo lioklen to pay his or their proportion 

of 



CONGREGATIONAL SOCIETY.7^«<?23, An.1797. 183 

of all taxes legally afTefied, or monies voted to be raifed in faid 
incorporated Society previous to withdrawing his or their rela- 
tion therefrom. 

SeCT. 3. Be it further enacted, That the faid Incorporated 
Society, from and after the paffing of this Act, be, and hereby 
is invefled with the privilege of improving and enjoying the 
Congregational meeting-hcufe in faid town [{o called) for the Place of wor- 
purpofe of affembling therein for public worlhip, in the fame P" 
manner as tlie Congregational Society in faid town hitherto has 
done, and of receiving and holding all fuch fecurities or monies 
as have heretofore been defignated and known by the name of the 
minifterial fecurities or monies in faid tov/n, and of improving 
the fame by appropriating the annual intereft arifing therefrom Appropriation 
to the fupport of a public teacher of piety, religion and morality "^ funds, 
in laid Society, fo long as it fliall remain a Corporate Body, and 
fupport public worflalp therein. 

Sect. 4, Be it further encBed^ That Bezaleel Taft^ Efq. be, 
and he hereby is authorized and direfted to illue his warrant, 
diredted to fome principal inhabitant of faid Society, requiring jrjj.f^ mcet^ns. 
him to giVe notice to the inhabitants therein, qualiiied to vote 
in parilh affairs, to affemble and meet at fome convenient place 
in faid Society for the purpofe of chooiing all fuch officers as 
pariilies are by law required to choofe in the month of March 
or April annually, and to tranfacSt all fuch matters and things as 
may be neceffary to be done in laid Societ}^ 

[This A(fl palled June 2.3, 1797.] 

An ACT to incorporate certain Perfons by the Name of ^'^^'^'<'n=^'''^*» 
the Fir/i Congregatioiial Society hi Dudley. "■ -9^19 • 

T)E it ef faffed by the Senate and Houfe of Reprefenta- 
tives, in General Court afhnbledy and by the author- 
ity of the famey That John Chamberlain, lliomas Lamed, Ezbon 
Carter y Aarcfi Tifts, Jonathan Bacon, Samuel Hecdy, 'Jonathan Day, Perfons incor- 
Nathaniel Healey, Benjamin Lee, Timothy Fofler, Aiark Dodge, poratcd. 
John Curtis, jun. Jofeph Keith, Nathaniel Healy, jun. Abel 
Fofier, Jonathan Bacon, 2d. Jofeph Healy, William Fijher, Mark 
Elwell, Lemuel Healy, Eliphaz Perry, Jofiah Hovey, William 
Healy, Hezekiah Healy, John Vorce, Simeon Wood, Joh?i Healyy 
John Fofler, Ediuard Davis, Jephthah Bacon, Jofiah BarneSy 
John Boivers, Mofes Healy, Samuel Davis, Jofeph Jewell, John 
Laivton, Jonathan Conant, David Nichoh, David Nichols, jun. 
John Coda, Nathan Wood, Ephraim Uphntn, Jofeph Brackety Ben- 
jamin Mixery Jabez Day, Benjamin Kiddery Aaron Davis, Jofeph 
Davir, Benjamin Lee, jun. John Eliot Eaton, Ebenczer Ammidony 
Jofiah Co7mnt,]\}.n. Rufus Conant, Aiofes Jeivell, Afa Curtis, Lu- 
ther Chamberlain, Amajfa Nichols, Stephen Healy, Jcfeph Alleny 
S-den Davis, Jofeph Davis, jun. Jofiah Perryy Auguflus Eddyy 

Ifaac 



Sect. 



x84 BAPTIST SOCIETY. >«^ 23, An. 1797. 

Ifaac Leey Paul Dodge, Eber FoJleVy Thomas Upham, Nathan 
Upham, and Benjamin Upham, together with all thofe inhabit- 
ants of the faid town who fliall join faid Society and become 
members thereof, with their polls and eftates, be, and they 
hereby are incorporated into a Society by the name of The Firji 
tiAm9^^ * Congregational Society in Dudley, and by that name may fue and 
be lued, plead and be impleaded, defend and be defended in 
any Court whatfoever. 

Sect. 2. Be it further enacted. That the members of faid 
Corporation, at a meeting duly warned therefor, fliall have 
te eftabli^ed. P^^er to make and eftablifh all fuch rules and regulations, and 
appoint fuch of&cers for the government of faid Society as may 
be necefTary ; alfo to grant fuch funis of money, and order ?if- 
feflment thereof, or to raife money by taxing the pews in the 
meeting-houfe, or by renting them out, as may be neceflary or 
expedient for the fupport of public worfliip and other incidental 
charges in faid Society. 

Sect. 3. Be it further enabled. That the Clerk of £xid Soci- 
ety fhall keep a fair record of tiie names of all perfons who fhall 
become members thereof ; and when any member of faid Soci* 
How to leave ety fhall requeft a difmiflion therefrom, and fignify the fame in 
itie Society. -virriting to the faid Clerk, ten days before the firft Monday in 
April in any year, fuch Clerk fhall make a record thereof, and 
fuch perfon Ihall thereupon be difmiffed accordingly : Provided 
he fhall actually forthwith join fome other religious Society, and 
produce a certificate from the Pallor or Clerk of fuch other 
Society to that effedl, and lodge the fame with the Clerk of faid 
firft named Society, but fliall be liolden to pay his proportion o£ 
fuch money as fliall have been previoufly granted by faid Society 
firft named. 

Sect. 4. Be it further enabled. That John Chamberlain, Efq* 

Firft meeting be, and he hereby is empowered and directed to ifllie his war* 

how to be call- ^^^^ ^^ fome principal member of faid Society, requiring him to 

warn a meeting thereof, at fuch time and place as fliall therein 

be fet forth, at which meeting the method of calling future 

meetings fhall be detei-mined. 

[This A£c pafled June 23, 1797.] 

An ACT to incorporate certain Inhabitants of the 
Towns of Freetown, Taunton and Bcrkdy, in the 
County of Bri/iol, by the Name of The Bapfijl Soci- 
ety compofed of Inhabitants of the Towns of Freetown^ 
Taunton and Berkely, 

q TiE it enabled by the Senate and Houfe of Reprefenta- 

•*~^ tives, in General Court affemhled, and by the author^ 

ity of the fame. That Benjamin Porter, Charles Strange, Daniel 

Douglas, 



CHARITABLE ASSOCIATION. June i^^Au.iygy. 185 

Dotig/aSy Ahner Smithy Darius Chafe^ JVlIliam Pratf, Phillip Pcrfons ireor- 
Hatheway^ jun. Arthur Tir.hhatn, Gilbert Hatheivayy Gilbert Chafe, porated. 
Oliver Grinwelly Aiichael Chafe, jun. Jofeph JVi7iJloiVy Benjamin 
Chafe, jun. Harding Payne, Oliver JVinflonv, Thomas Hathnvay^ 
John Hathtuay, Satnuel Hathivay, Robert Porter, Job Peafe, Rich' 
ard Clark, Ebenezer Payne, Afa Clarke, John Terry, Solomon Payne, 
John Briggs, jun. William Ha/kins, John Strange, Abner Smith, 
jun. Abiel Smith, Ifrael Smith, and Edward Smith, together with 
fuch as may join faid Society in the manner hereinafter directed, 
with their polls and eftateSj be, and they hereby are incorpo- 
rated and made a pariih by the name of The Bapti/l Society, com- Corporate 
Pofed of Inhabitants of the Toivns of Freetotun, Taimton and Berkley, name, 
with all the rights, privileges and immunities belonging to other 
pariflies in this Commonwealth, and by that name may fue or 
be fued before any Court of proper jurifdi£lion therefor. 

Sect. 2. Be it further enaSled, That when any Proprietor 
of the meeting-houfe in which faid Society ufually afTemble for How to be- 
public worfhip in Freetown aforefaid, whofe name is not above ?°'^^ * ^^°^' 
mentioned, fliall wiili to become a member of faid Corporation, 
he may ilgnify his intention to the Clerk thereof j and when 
any other inhabitants of either of faid towns may wifh to be- 
come a member of faid Corporation, and fhall obtain the confent 
of faid Corporation therefor, it fhall be the duty of faid Clerk 
to enter the name of any fuch Proprietor or other perfon, to- 
gether with the time of fuch application or admittance, in a 
book to be kept for that purpofe ; and fuch Proprietor or other 
inhabitant with their polls and efhates fliall thereupon become a 
member of faid Corporation, but fhall neverthelefs be holden 
to pay his proportion of all monies due from the religious Soci- 
ety to which he before might have belonged, at the time of fuch 
application or admittance, in the fam^e manner as if he had ftill 
continued a member thereof. 

Sect. 3. And be it further enaEled, That Ephraim Winflciv, 
Efq. be, and he hereby is authorized to ilFue his warrant to 
fome principal member of faid Corporation, direfting him to ^""^ meetings 
notify and warn all the members thereof qualified to vote in 
paririi affairs, to afTemble at feme convenient time and place, to 
choofe all fuch officers as parifxies are by law authorized or re- 
quired to choofe in the month of March or April annually. 
[This Adi pafled June 23, 1797.] 

An ACT for incorporating a Charitable AiTociation 
in the middle Parifh in the Town of Granville. 

WHEREAS divers perfons in the town of Granville, have PrcamWc 
aflbciated for the purpofe of fupporting the preaching 
of the Gofpel in faid parifli, and are defirous of being enabled to 
Taife and manage a cominpn fund for that ptu^ofe : 

Vol. II. % Sect. 



i86 CHARITABLE ASSOCIATION. 7^^;?^ 2 3, An. 1797. 

Sect. I . Be it enaBed by the Senate and Houfe of Reprefent- 

atives, in General Court ajjembled^ and by the authority of the 

famc^ That Timothy Robinjon^ Efq. David Curtisy David Parfons^ 

^wlwd '^''^''^' El'ku Mkinsy John Bate f, Jacob Bates y David RobinfoHy Jacob 

pora « . Baldiviny Seth Parfons, John Phelps y Amos Baldwiny and their 

aflbciates Ihall be a Corporation and Body Politic, under the 

uame of The Charitable Affociationy in the Middle Pariflj in the 

Title. fQ^Dn of Granville, and fhall have and pofTefs all the rights and 

immunities incident to Corporations and Bodies Politic. 

Sect. 2. Be it further enaBedy That faid Corporation may 
May hold ef- hold any eftate real or perfonal, the annual income of which fliall 
»tc. not exceed one thoufand dollars ; and all donations or iubfcrip- 

tions fhall be put out on intereft on good fecurity, and the inter- 
eft applied, or fo much as may be neceflary, to pay the falary 
* Appropriation of fuch learned, orthodox, proteftant teacher of piety, religion 
«f funds. 2ind morality as the majority of the church and congregation of 

laid parifla may from time to time ordain, or procure to be fet- 
tled over them in the work of the miniftry, and the overplus of 
the intereft ariling from the capital ftock fhall be applied for 
the benefit of a grammar fchool for faid Corporation, in fuch 
place as they may hereafter agree upon in faid parifh, and for 
no other purpofe whatfoever. 

Sect. 3. Be it further enaBed y That any two of faid per- 
Firft meeting, fons above named, may call a meeting of faid aflbciates, at fuch 
time and place as they may think fit, in faid middle parilh in 
Granville, by poiiing up notifications of the time and place of 
meeting in two or more public places in faid parifh, at leaft four- 
teen days before the time for holding faid meeting ; at which 
meeting the faid aflbciates by a vote of the majority of thofe pref- 
To choofe ofB- g^t, may choofe a Clerk, and fuch other officers as they may 
*"*• deem proper, and agree upon a method of calling future meet- 

ings. 

Sect. 4. Be it further enaBedy That the votes, proceed- 
Regular books ings and tranfa(5lions of the laid Corporation, and a fair account 
to be kept. ^^ ^he ftate of their funds, receipts, expenditures, donations, 
fubfcriptions and legacies, fhall be conftantly kept and recorded 
in one or more books by the Clerk of faid Corporation, who fhall 
be fworn to the faithful difcharge of his duty, and the fame 
fhall at all times be open to the infpetStion and examination of 
the Legiflature, or any perfou or perfons appointed by the Le- 
giflature to inipeft the fame. 

[This A(St pafled June 23, 1797-3 

An 



DIVIDING LINE. 7^«. 29, An.1798. 187 

An ACT to afcertain and eftablifli the dividing Line 
between the Town of Diinjiahle and Diftrict of 
Tyngsborotigh in the County of Middle/ex. 

WHEREAS in the Aft, entitled, « An A£t for incorporate Preamble, 
ing the eafterly and Ibutherly parts of the town of Z)««- 
Jiahle^ into a diftriiSt by the name of Tyngsborotigh," the dividing 
line between faid town and diftrift on the foutherly fide of faid 
town is fo exprelTed as that doubts have arifen with refpect to 
the fame : Therefore, 

Be it ena^ed by the Senate and Honfe of Reprefentatives, in Gen- 
eral Court ajjembled, and by the authority of the fame^ That a line 
beginning at the fouth-eaft corner of faid town of Diwflable at a 
place fifty rods diffcant from fohn Cummings' houfe, and four- , 

teen rods wefl: of a line drawn due fouth from faid houfe, from 
thence running fouth fixty-three and a half degrees wefi:, forty 
rods, thence north eighty-five degrees weft, one hundred and 
two rods, thence fouth twelve degrees eafi:, twenty-four rods, 
thence north eighty-two degrees vv^eft, fixty rods, thence fouth 
thirty-three degrees eafb, thirty-fix rods, thence fouth fixty- 
three and a half degrees weft, three hundred and thirty rods, 
thence north twenty-three degrees weft, two hundred and five 
rods, thence fouth twenty-two and a half degrees weft, ore 
hundred and feventy rods, thence fouth eighty degrees weft, 
one hundred and thirty rods, thence weft five degrees fouth, 
thirty-three rods to Maffapog Pond, fo called, thence fouth fix- 
ty-two degrees weft, to the line of the town of Groton, fiiall be 
and hereby is eftablifhed and afcertained as the dividing line be- 
tween the faid town and diftrift on the foutherly fide of faid 
town ; and that all that territory which before pafling faid incor- 
porating A(St, made a part of the town of Dufflabie, and which 
lies to the fouthward of faid line, and between the fame and the 
towns of Groton and Wejiford, fliall hereafter be and conftitute a 
part of the dlftrift of Tyngsborough, in the fame manner, and with f 

the fame duties and privileges arifing therefrom, as if the faid 
dividing line had been defcribed in faid incorporatuig A(St, as it is 
hereby eftabliflaed. 

[This A£l pafled January 29, 1 798.] 

An ACT to incorporate Tobias Lord, Oliver Keating, 
Thacher Goddard, and others, for the Purpofe of 
keeping in repair, a Pier at the Mouth of Ke?inebunk 
River, and to grant them a Duty for reimburfing 
the Expenfe of ereding the fame. 

WHEREAS the building the Pier at the mouth of Kennc- 
bunk J^iver has been found to be of great utility, by 

rendering 



i83 KENNEBUNK PIER. Feb. 2, An. 1798. 

rendering the paflage in and out of faid river lefs difficult and 
dangerous ; and whereas the faid Tobias Lord, Oliver Keating 
and Thacher Goddardy on behalf of themfelves and afibciates, 
have petitioned this Court for an incorporation : 
Incorporating SecT. I . Be it enacfed by the Senate and Houfc of Reprcfenta- 
claufe. fives i in General Court ajfembled, and by the authority of the famCy 

That Tobias Lord, Oliver Keating, and Thacher Goddard, together 
with fuch others as now are, or who hereafter may become 
Proprietors of the faid Pier, be, and they arc hereby made and 
conllituted a Body Politic and Corporate, by the name of The Pro- 
prietors of the Kemtebunk Pier ; and by that name may fue and 
be fued to final judgment and execution^ and may do and lufFer 
all matters and things which Bodies Politic may or ought to do 
and fufFer ; and may have and ufe a common feal, and the fame 
break and alter at pleafure. 

Sect. 2. Be it further enaBed, That for the purpofe of re- 
jmburfing the faid Proprietors the money by them expended or 
to be expended in building and fupporting faid Pier, a duty 
upon the tonnage of vefTels employed in foreign trade, and a 
duty upon the licenfes of veffels employed in the coafling trade 
and lifheries, be, and is hereby granted and eflablifhed, for 
the fole benefit of the faid Proprietors, not exceeding the 
Duty cftablifli- rates following, viz. Upon all regiflered vefTels pafling out of 
eJ. faid river, and bound to a foreign port, fve cents per ton, to 

be paid at the time of clearance, to the Collector of faid Propri- 
etors for their ufe ; and the fum of ten cents per ton, per an- 
num, upon all vefTels owned in faid river, employed in the 
coafling trade and fifheries, to be paid faid Colleclor, at the time 
of granting or renewing the licenles of faid vefTels ; and two cents 
per ton, upon all vefTels not owned in faid river, which fhall 
come into the fame for the purpofes of trade and commerce. 
Sect. 3. Be it further enaBed, That faid Tobias Lord, 
Mode of call- Oliver Keating and Thacher Goddard, or any two of them, may, 
ing firil meet- by pofling up notifications in fome public places in the towns of 
"'g- Arundell and Wells, warn and call a meeting of faid Proprietors, 

to beholden at any fuitable time and place after fourteen days 
from the porting up faid notifications : And faid Proprietors, 
by a majority of thofe prefent or reprefented at faid meeting, 
accounting and allowing one vote to a flngle fliare in all cafes : 
Provided, That no one Proprietor fhall be allowed more than ten 
votes, fliall choofe a Clerk, who fhall be fworn to the faithful dif^ 
charge of his ofKce. And the faid Proprietors fhall alfo agree 
upon the method of calling future meetings ; and at the fame. 
Officers to te or any future meeting, may eleiSt fuch officers, and make and 
chofcii, and by- gfj-.^i^jifj^^ f^^jch rules and by-laws, (not repugnant to the laws of 
aws ma e. ^^.^ Commonwealth or of the United States) as they may think 
necefTary for the regulation of faid Corporation : And the fame 
rules and by-laws may caufe to be executed^ and may annex 

penalties 



BECKET. Feb.^.An.iygS. 189 

penalties to the breach thereof not exceeding te;t chllars : And all 
reprefentations at any meetings of the faid Corporation, fliall be 
proved by writing, ligned by the perfon to be reprefented, and 
filed by the Clerk ; and all rules, regulations, by-laws and pro- 
ceedings of the faid Corporation fliall be fairly and truly record- 
ed by the Clerk, in a book or books to be provided and kept 
for this purpofe. 

Sect, 4. Be it further enaBedy That any Proprietor's fliare or 
fhares in faid Pier may be transferred by deed, duly executed r ^^^t^ *'7"'" 
and recorded by the Clerk of faid Corporation ; and when any tachable. 
fhare or fhares of faid Pier fhall be attached on mefncprccefs, an 
attefted copy of fuchprocefs Ihall be left with the faid Proprietors' 
Clerk at the time of fuch attacliment, otherwife the fame llaall 
be void. 

Sect. 5. Be it further enacledy That the duty herein grant- 
ed to faid Proprietors fhall commence at the expiration of twen- Commence- 
ty days after theCongrefs of the United States fhall have con- ration of this 
fented thereto ; and fhall continue to be in force for the benefit law. 
of faid Proprietors, their heirs and affigns, for the fpace of ten 
years •, fubjedl then to be revifed and altered by the Legiflatiu-e of 
this Commonwealth ; and faid Pier fhall be kept in good repair 
during the whole of faid term. 

[This Aft palTed February 2, 1798.] 



An ACT to annex feveral Grants of Land, in the 
County of BerkJJoire, to the Town of Beckct, within 
the faid County. 

„ jyE it enacled by the Senate and Houfe of Reprefevta- 

-*-^ tiveSy in General Court ajjfemhledy and by the author- 
ity of the fame y That the lands lying between Louden^ Blandjord, 
Chefler and Becket, viz. Beginning at the fouth-eafh corner of 
Beckety on Chefler line, and running foutherly on Ch^er line, to Boundarlcj. 
Blandford north line, and continuing on Bia?idford north line 
to the north-eaft corner of Louden ; thence weflerly on Louden^ 
to Becket ibuth line ; thence following Bechet line to the bounds 
firfl mentioned, with all the inhabitants thereon, be, and they 
hereby are annexed to the fame town of Becket. 

Sect. 2. And be it further enacled^ That there fhall be added 
five cents to the faid town of Becket's proportion of each thoufand '^^^^^^f'^ to the 
dollars^ that fhall be raifed by taxes in this Commonwealth, 
until a new valuation fliall be taken. 

[This Act palTed February 3, 1798.] 

An 



ipo W. S. GRAY....SHIRLEY. Feb. 5-6, An. 1798. 

An ACT altering the Name of William Gray, the 
Fifth, to the Name of William Shepard Gray. 

nE it enacted by the Senate and Houfe of ReprefentativeSy in 
-*^ General Court ajfembled^ and by the authority of the famSj 
That from and after the palling of this A<5t, William Gray, the 
fifth, of Salemy In the county of Ejjex, fon of William Gray^ the 
third, of faid Salem^ fhall be, and hereby is authorized and 
empowered to take, bear and ufe the name of William Shepard 
Gray, and fhaU be called and known by that name at all times 
hereafter. 

[This Aft palTed February 5, 1 798.] 

An ACT to fet off certain Land from the Town of 
Groton, and annex the fame to the Town of 

Shirley* 

c D-E it enacted by the Senate and Houfe of Reprefenta- 

-*-' tiveSy in General Court ajfembled, and by the author- 
ity of the fame, That a tra£l of land at the fouth-weftern extrem- 
ity of the town of Groton, bounded by a line beginning at a 
JJoundaries. large white-oak Hump, on the fouth-eaft fide of Nafhua River, 
being the north-weft corner of the town of Harvard ; thence 
running fouth-eafterly on Harvard linCj^ as the town bounds 
diredl, till it comes to the ftump of a pine tree lately fallen 
down, an ancient bound mark in laid town line ; thence north- 
erly to a heap of ftones by the road leading to Harvard, at Simon 
JDaby's foutherly corner ; thence north-eafterly on faid Simon 
J)abys line to a pine tree marked ; thence northerly to a heap 
of ftones on a ledge of rocks ; thence northerly on faid Simon 
Dabys line to a heap of ftones on a large rock j thence north- 
wefterly ftill on faid Simon Dabfs line to a ftake and ftones in 
the roots of a pine tree, fallen down in a valley, faid Simon- 
Dabys north-eaft corner and Samuel Chafe's foutherly corner ; 
thence northerly on faid Samuel Chafe's line, to the road leading 
to j^bel Mofe\ mill, at a heap of ftones on the north-eafterly 
fide of faid road ; thence north-eafterly on faid Samuel Chafe's 
line by faid road to a heap of ftones ; thence north-eafterly on 
faid Chafe's line, to a ftake and ftones at the end of a ditch at a 
brook ; thence down faid brook to NafJjua River ; thence up 
faid river to the bound firft mentioned, together with the in- 
habitants thereof, be, and they are hereby fet oif from the town 
of Groton and annexed to the town of Shirley, there to do duty 
and receive privileges in the fame manner as other lands and 
inhabitants of the laid town of Shirley. 

Sect. 2. Provided tieverthelefs, and be it further enaEied, That 
the faid traft of land and the inhabitants thereof fhall be liable 

to 



CHESHIRE....N. MARLBORO*. Feb. 6-7, An.1798. 191 

to be taxed by the town of Grotott, their full proportion in a tax Dlreaion reC 
to the amount of the debts now due from faid town of Grotoriy F^*^^"E *"«"• 
in the fame manner as if this A£l had not been pnlTed : Pro^ 
vided fuch tax be made and affeffed within one year from the 
time of paffing this Aft ; and fliall alfo be liable to pay their 
proportion of all State taxes that may be afTefled on the town 
of Groton until a new valuation be taken. 

[This K€l pafled February 6, 1798.] 

An ACT to fet oiF that Part of the Farm in Pofleffion 
of Jacob Cole, which lies in the Diftrid of New- 
AJhford, to the Town of Cbejhire. 

T)E it enaBed by the Senate and Houfe of ReprefentativeSy in 
■^ General Court ajfcjiibledy and by the authority of the famey 
That fo much of the farm poflefTed by Jacob Cole^ of Neiv-AJJj- 
fordy in the county of Berkfhirey as lies in the diftridt of New 
Afjfordy be, and it hereby is, together with the faid Jacob and 
his perfonal eftate, fet off from the faid diftrift and annexed to 
the town of Chefhircy in the faid county, there to do duty and 
receive privileges. 

[This Aft: pafled February 6, 1798.] 

An ACT for fetting off the Northeafterly Part of the 
Town of Sheffield, in the County of Berkfhirey and 
annexing the fame to the Town of New-Marlbo- 
rough, in the fame County. 

e D-£ it enabled by the Senate and Houfe of Reprefefita- 

■^ tiveSy in General Court ajjembledy and by the author- 
ity of the fame y That all that traft of land lying and being in faid 
town of Sheffeldy with the inhabitants thereon, contained within 
the following lines, viz. Beginning at a ftake and ftones in the 
weft line of Neiv-Marlboroughy it being the north-eall: corner of 3^^^^^^^^^ 
a piece of land fet off from Sheffield to Nemi-Marlboroughy June 
nineteenth, feventeen hundred and ninety-five ; then running 
weft twelve degrees fourteen minutes north one hundred rods, 
to a ftake and ftones ; thence weft four degrees forty minutes 
north fixty-three rods, to a ftake and ftones ; thence running 
north two degrees weft, a parallel with faid town line, until it 
ftrikes Great-Barrington town line j thence eafterly on Great-, 
Barrington town line, until it ftrikes the weft line of New-Marl- 
borough ; thence foutherly on faid line of New- Marlborough to 
the firft mentioned bound, be, and hereby is fet off from the 
faid town of Sheffield and annexed to the town of New-Marl- 
korough. 

Sect. 2. And be it further enacledy That all State, county Yi\rtSt\on ref- 
and town charges which maybe now due from the inhabitants of pg^jng taxe». 

that 



ipa ALEWIVES, &c. /^^. 8-9, An. 1798. 

that part of the town of Sheffield which is hereby fet off, Ihall 
be affeffed, colle£led and paid in the fame manner as before the 
paffing of this Aft, and alfo their proportion of the State tax 
granted the prefent feffion of the General Court. 
[This A61 pafTed February 7, 1 798.] 

An ACT to empower the Inhabitants of the Town of 
Middleborough, in the County of Plymouth^ to regu- 
late the Price of the Fifh called Alewives, taken in 
Jan. 3 , 1793. £-^-^ Town, and for repealing all the Laws hereto- 
fore made, fo far as they refped the Regulation of 
the Price of faid Fifh, taken in faid Town. 

q T}E it enaSled by the Senate and Houfe of Reprefenta-- 

-^ tives, in Genera/ Court aj/emb/ed, and by the author- 
ity of the fame. That from and after the paffing of this Aft, the 
Empowered to inhabitants of the town of Middleborough aforefaid are hereby 
eftdbiiih price, empowered, annually, at any town meeting legally warned for 
that purpole, to eftablifh the price of faid fifh, taken in faid 
tov/n, provided faid price be not above the rate of t%venty-five 
Rate. cents per hundred. 

Sect. 2. And be it further enacled. That all the laws here- 
Former laws tofore made, fo far as they refpeft the regulation of the price 
repealed. ^f f^id fifh, taken in faid town, be, and hereby are repealed. 

[This Aft pafTed February 8, 1 798.] 

An ACT in addition to an Ad, entitled, " An A61 
incorporating certain Perfons in the Town of Dud- 
junea3, 1797. /^/, by the Name of The Firji Congregational Society 
in faid Town.'* 

T)E it enacled by the Senate and Houfe of ReprefentativeSj in 
-*-^ Genial Court affembled, and by the authority of the fainey 
That from and after the paffing this Adt, all the inhabitants 
of faid town, who vifually meet with faid Society for public 
worfhip, and who do not belong to any other religious So- 
ciety, together with their eflates, be, and hereby are declai-ed 
to belong to faid Society, fubjeft to all the burthens, and en- 
titled to all the rights and immunities thereof. 
[This Aft pafTed February 9, 1798.] 

An ACT to incorporate the Plantation called New- 
Sandwicb, in the County of Lifuoln, into a Town 
by the Name of Wayne. 

e r)E it enaBed by the Senate and Houfe of Reprefenta- 

■^ tiveSy in General Court afembled, and by the author- 
ity of the fame^ That the following defcribed traft of land, ly- 
ing 



CHARLES RIVER MILLS* Feb.i2,Kn,\jc)^. 193 

ing weft of Wirithrop, m the county of Lmcolrt, and bounded 
as followeth : Beginning on the eaft line of the town of 
Livermore, on the northerly end of Great Jndrofcoggbi Pond ; Boundaries, 
thence running north one mile and two hundred and twenty 
rods to the fouth line of Fayette^ thence eaft two miles and 
one hundred and feventy rods to Lane's Pond, thence eafl: 
fixty-feven and an half degrees fouth, three hundred rods to 
the weft line of the town of Readjield, thence fouth twenty- 
two and an half degrees weft, lix miles and two hundred and 
twenty-two rods to the fouth-weft corner of Winthrop, thence 
north llxty-feven and half degrees weft, one mile and one 
hundred and eighty rods to a ftake and ftones, thence north, 
twenty-five degrees eaft to ATidrofcogg'in Great Pond, thence 
on the eafterly llde of faid laft mentioned pond to the ftream 
running from Wings Pond into faid Androfcoggin Pond, thence 
acrofs faid laft mentioned ftream and on the northerly end 
of faid Androfcoggin Pond to the bounds firft mentioned, to- 
gether with all the inhabitants thereon, be, and the fame hereby 
are incorporated into a town by the name of Wayne ; and 
the faid town is hereby vefted with all the powers, privileges 
and immunities, which other towns within this Common* 
wealth do or may by law enjoy. 

Sect. 2. And he it further enacted by the authority aforefaidy 
That Robert Page, Efq. be, and he is hereby authorized to 
iflue his warrant, directed to fome fuitable inhabitant of faid 
town, requiring him to warn the inhabitants thereof, quali- ^ ^ ^' 
fied to vote in town ro.eetings, to meet at fuch time and 
place as Ihall be exprefted in faid warrant for the purpofe of 
chooling all fuch town officers as other towns within this 
Commonwealth are required to choofe within the month of 
Alarch or April annually. 

[This Acl paffed February 12, 1798.] 



An ACT to incorporate the Proprietors of Mills on 

Charles River. 
^ J)E it enabled by the Senate and Houfe of Reprefenta" 
■^ tives, in General Court ajjembled, and by the author" 
tty of the fame. That Simon Elliot, Jonathan Bixhy, Luke Bemis, perfons incur. 
Ephraim Jacifcn, Francis Faulkner, IVilliam Payne, and Andreiu porawd. 
Craigie, together with fuch other Proprietors of one or more 
mills upon Charles River, below the Upper Falls, as are, or 
may hereafter become members of the Corporation, fhall be, 
and l»ereby are conftituted a Body Politic and Corporate, by 
the name of The Proprietors of Mills on Charles River, and by 
that name may fue and be fued, and have and enjoy all the 
rights and immunities which are by law incident to Bodies 
PoHtic and Corporate. , Sect. 

Vol. XL 2 A 



J 94 WEST-SPRINGFIELD. Feb. 1 3, An. 1 798. 

Sect. 2. Jnd be it further enaEledy That the faid Corpora- 
— mav hol<l^^°" "^^^ purchafe, acquire and hold any perfonal eftate, the 
property. annual income whereof fliall not exceed ojie hundred dollars ; 

and fliall have power at any legal meeting, to aflefs and col- 
le<£l fuCh Aims of money from the Proprietors of faid Mills, 
and to purfue fuch lawful meafures as may be deemed necef- 
fary for protecting, defending or recovering their common 
rights. 

Sect. 3. And be it further enacledy That any Juftice of the 
Meetings how Peace in the county of Middlcfcxy ihall have power, on ap- 
to be called, plicatioiv from any three of the Proprietors aforefaid, to iffue 
his warrant to any one of them, requiring him to notify and 
■warn a meeting of faid Proprietors, at fuch time and place as 
he fball judge moft convenient, and for the purpofes to be ex- 
prcfled in faid warrant, by pofi:ing up copies of faid warrant, 
with the notification thereon, in fome public places in the towns 
of Newton and Wnterioiuny and by publifliing the fame in the 
Alaffachufetts Mercuryy fourteen days before the time for 
holding faid meeting : And at fuch meeting, the Propri- 
etors aforefaid may, by a vote of the majority of thofe pref- 
ent, choofe a Moderator and Clerk, who fliall be fvvorn to 
the faithful difcharge of their duty, and agree upon a method 
of calling future meetings ; and it fhall be the duty of faid 
Clerk to keep a fair record of all the votes and tranfa£lions 
of faid Corporation in one or more books, which fliall always 
be kept open to the infpedion of the Legiflature of this Com- 
monwealth, or any Committee by them appointed for that pur- 
pofe. 

[This Act paiTed February 12, 1798.] 

An ACT in addition to and for explanation of an 
Act, paiTed in the Year of our Lord One thoufand 
See Appendix. feven hundred and feventy-four, for dividing the 
Town of ^prln'^jield., and ercdling the weftern Part 
thereof into a leparate Town by tlie Name of Weft- 
Springfield. 

WHEREAS provifion is made in and by the faid Act, 
that the lands in the great and general field in iaid 
Tftjl Sprifjgjieldy fouth of the road leading ti'om the ferry over 
Connecticut River, to Aga^vam River, fhould ke taxed by the 
inhabitants of the town of Springjield when owned there, and 
many controverflcs have arifen refpe6ting the faid provifion 
and the operation thereof, and frequent applications have been 
made to the Legiflature touching the lame ; For remedy 
whereof, 

Sect. 



PARKER RIVER BRIDGE. Feb.i^, An.iygS. 195 

Sect. i. Be it ettaBed by the Smate and Houfe of Reprefenta- 
t'lvesy in General Court alfemhhdf and by the authority of the favie^ 
That the provifion aforefaid be, and is hereby limited and re- 
ftriaed to the lands lying in iliid field, of which the Paid in- ^f "'''^^'•^ °^ 
habitants were owners and proprietors on the laft day of De- 
cember laft paft, and Ihall not hereafter extend to any other 
lands in the faid field which may hereafter be purchafed or 
in any other way be owned by any inhabitant of faid Spring f.eld. 

Sect. 2. And be it further enaEled^ That in cafe after the 
expiration of three years from the faid laft day of Decmnbcr^ 
any lands of the faid inhabitants of the town of Springfield 
in the faid field Ihall be improved for fettlement, and any 
dwelling-houfe be then ftanding thereon, or any buildirig fliall 
afterwards be erected on any of the faid lands, then fuch 
buildings and the lot or lots on which the fame fliall ftand or Wefl-Sprine- 
afterwards be eredted, Ihall forever be taxed by the faid town field to aflefs 
of Wefl-Springfeld, and the right of the town of Springfield to ^^^ '^^^'^s- 
tax the fame Ihall thenceforth ceafe and be determined. 

Sect. 3. uind be it further enncledy That whenever any 
perfon, other than an inhabitant of faid Springfield^ fhall here- 
after become fole owner or proprietor of any lot of land in the When an in- 
faid field which belonged to any inhabitant of Springfield^ on ^abuant fhall 
the faid laft day of December ^ or fole owner or proprietor of any ^^ 
feparate or diftincl part or parts of any fuch lot or lots, and 
fhall fo continue to be for nine calendar months, then and not 
before the right of the faid town of Springfield to tax the fame 
fliall ceafe and determine, and the faid town of Wcfi-Spring- 
field fhall have the fole right of taxing the fame forever after ; 
Provided however^ That if any of the faid lands owned by any Provife. 
inhabitant of faid Springfield, on the faid laft day of December^ 
fliall be taken by execution in favour of any perfon other than, 
an inhabitant of faid Springfield, and the faid land fo taken 
fliall be redeemed within the time by law prefcribed, then 
fuch land Ihall continue to he taxed by the inhabitants of faid 
Springfield, while owned there, any thing herein to the contra- 
ry notwithftanding. 

[This A61 pafi^ed February 13, 1798.} 

An ACT for eftablifhing a Toll for the Purpofe of 
repairing and maintaining the great Bridge over 
the River Parker y in the Town of Newbuij, and 
County of Efjex. 

o ^ D-S it enacted by the Senate and Houfe of Reprefentct- 

^^ lives, in General Court aficmhled, and hy the authority 

of the fame. That a toll be and hereby is granted and eftab- 

liflaed, for th2 purpofe of repairing and maintaining the great 

Bridge 



19^ 



PARKER RIVER BRIDGE. 



777/^.13, An. 1 798. 



Bridge over the river Parher, in the town of Nc%vbury, in the 
county of EJfex, to be paid by the paiTengers over faid Bridge, 
from the firft day of May to the laft day of OElobery in each 
and every year hereafter, according to the rates following, viz. 
For each foot paflTenger, one cent ; for one perfon and horfe, 
Rates of toll, three cents ,- for each cart or carriage drawn by one horfe, with 
one driver,y/.v cetits ; for each chaife, chair or fulkey with the 
travellers therein, ten cents ; for each coach, chariot, phaeton 
or curricle with the travellers therein, itventy cents ,- for each 
other wheel carriage, drawn by more than one beaft, and hav- 
ing but one driver, ten cents ; for neat cattle and horfes not 
ridden nor in teams or carriages, two cents each ; and for fwine 
and fheep, fix cents for each dozen, and after the fame rate 
for a greater or lefs number ; and* in all cafes the fame toll 
ihall be paid for each carriage, vehicle and team, whether 
loaded or not loaded -, and no toll fliall be demanded upon the 
Lord's day. 

Sect. 2. Be it further e?iaBed, That the Court of General 
Seffions of the Peace in and for faid county of Ejj'ex^ be, and 
hereby are authoi'ized and empowered to appoint, from time 
to time, fome fuitable perfon as Truftee, to manage and re- 
Truftec to be celve faid toll, and therewith to repair fuch parts of faid Bridge, 
appointed. JJ5 j^Q^y jJq^ qj. j^jjy hereafter need it ; and he and his fuccef- 
fors in that ol^ce, upon his or their giving bond with fufficient 
furety in the opinion of the Juftices of the Court of Seffions 
for the county aforefaid, for the faithful difcharge of the duties 
of his office of Truftee as aforefaid, are hereby authorized and 
empowered to eredlandkeepupagate acrofs faid Bridge, to agree 
with and appoint, from time to time, a fuitable perfon to attend 
-ga erer. ^|^^ fame and receive faid toll, and to take fecurity to him and 
his fucceffors, that he will faithfully attend his duty at faid 
gate, at fuch hours as fhall be agreed on between them, to 
receive faid toll and permit travellers to pafs j and that he will 
account with him or his fucceffiDrs upon oath, if required, and 
pay him or them, weekly, all monies received by faid toll : And 
if faid toll-gatherer fliall neglecl attendance at the hours agreed 
upon by him and the Truftee, or refufe to open the gate for 
travellers to pafs, on tender of the lawful toll, or ffiall receive 
or demand a greater toll in any cafe than is appointed by this 
Pena'ty for ne- p^^^ j^g £^^\\ forfeit and pay the fum oifour dollars, to be re- 
gicc.-.i^ u y. j,Qygj.gjj vvith cofts, by action of debt, before any Juftice of the 
Peace in and for the faid county, by any perfon who will fue 
for the fame ; and if any perfon ihall pafs, or attempt to pafs 
through faid gate by force, and without paying the lawful toll, 

for Tlnlence he ihall forfeit and pay a like fum of four dollars to the toll~ 

iij paDing the gatherer, to be recovered in like manner, and be moreover 

hivA'tX. liable to be profecuted for the offence at common law ; but at 

all times when the toll-gatherer fhall not attend, the gate IhalL 

be left open, 

\^:i.^:,.:.. Sect. 



PARKER RIVER BRIDGE. J>3.i3, An.1798. 197 

Sect. 3. Be it further enacted^ That the Court of General 
Seffions of the Peace, in and for the county of EJpx, fliall from 
time to time require the Truftee by them appointed, to render 
his account upon oath, annually in the month of OElober^ of all count annualT* 
monies received by faid toll, and of his expenfes of repairing 
faid Bridge, and may order any fum then in his hands, more 
than fufficient for the then neceflary repairs of faid Bridge, to 
be paid into the Treafury of faid county, and to be let out by 
the Treafurer at intereif, and to be appropriated by order of 
faid Court from time to time, as there may be occaiion, to the 
repairing of faid Bridge, and for no other ufe whatever. And 
any Trull:ec for the time being, who Ihall refufe or negledt to 
account or pay over as aforefaid, when required as aforefaid, 
fhall forfeit and pay for each offence the lum of ^wo /jwW?^ ^-"alty for ns- 
dollarsy to be foed for and recovered by the Treafurer of faid ^ ^'^ • 
county, with cofts, by aftion of debt, in any Court proper to 
try the fame j and faid forfeitures when recovered fhall be ap- 
propriated, by order of faid Court, for the repairs of faid 
Bridge ; and faid Court may alfo proceed againft any Truftee 
for his refufal or negledt to account or pay over as aforefaid 
■when duly required, by way of attachment, as for a contempt. 

Sect. 4. J3e it further enaBedi That the Truftee of faid 
Bridge for the time being may, by the name of The Truflee of 
Parker River Bridge, in Neivbury, in the county of £j/tx, de- 
mand of, and if need be, fue for and recover of any former Truftee may 
Truftee, if living, or the executors or adminiftrators of any^"^- 
one deceafed, any monies, fuch living or deceafed Truftee may 
have received by faid toll, and not accounted for as aforefaid, 
as for monies had and received to their ule, in any Court 
proper to try the fame ; and ftiall be accountable for the fame 
when received, as for other monies received by faid toll. 

Sect. 5. Be it further enacledy That Jonathan Poor, Daniel 
Hale, Amos Hale, Samuel Plumer, John Thurjlon, Benjamin 
Thurjlon, Mark Pltimer, David Pliimer, Stephen Poor, and 
Simeon Plumer, and their families, or the occupants of their 
eftates contiguous to faid Bridge, and their Minifter and Phy- ^. 

lician, be, and they hereby are exempted from paying the toll from toU. 
required by this law, fo long as they ihall keep in good repair, 
in the judgment of the Truftee of faid Bridge, the whole of 
the abutment of faid Bridge, from the fouth Ihore to the firft 
«irch} including the caps and railing. 

[^'i'his Adt pafted i^f<^n,!rtry 13, 1798.] 

An 



PrcaniWe. 



WILBRAHAM BRIDGE. Feb.i6,An,iygB. 

An ACT for incorporating certain Perfons for 
building a Bridge over Chickapee River, between 
WiJbrabam and Ludlow, and for fupporting the 
fame. 

WHEREAS the erefting a Bridge over the river between 
Wilbrahatn and Ludlow will be of public utility, and 
Samuel F'tjk Merrick and others have petitioned this Court for 
that purpofe : 

Sect. i. Be it therefore enaEled hy the Senate and Houfe of 
ReprefentativeSy in General Court affemhled^ and by the authority of 
Pcrfon^ incor- the fame. That Samuel Fifk Merrick, Gideon Burt, Elifba Shep- 
porated. ^^J^ jyjj, J^^f^n Chapin, William Buel, Benjamin Phillips, Joel 

Lymon, Charles Wiley, John Stickney, James IVarner, Azriel 
Warner, William Brewer, Aaron Graves, Leonard Miller, Sole* 
tnon Charles, David Warriner, Thomas Jones, Reuben Sikes, Oliver 
BJifs, Silas Blifs, James Shaw, Mofes Bartlet, Elipa Shepard, 
J^avid Hitchcock and Ephraiin Moore, together with thofe who 
may hereafter aflbciate with them, be, and they are hereby 
conftituted a Corporation and Body Politic, by the name of 
The Wilbrahatn Bridge Company, for the purpofe of building 
and fupporting a-Bridge over Chickapee River, between Wilbra- 
ham and Litdlow, and as fuch they may fue and be fued, and 
may appoint one or more agents or attornies to profecute or 
defend them, and may have and keep one common feal, which 
they may alter, break or change at pleaiure. 

Sect. 2. And be it further enaEled, That for relmburfing 
to the faid Samuel Fifk Merrick, and others before named, and 
their afTociates, the money that may be expended in building 
and fupporting faid Bridge, a toll be, and hereby is granted 
and eftabliibed for the fole benefit of the faid Samuel Fifk Mer- 
rick, and others before named, and their afTociates, according 
to the rates following, viz. For each foot palTenger, one cent and a 
ToH eflablifh- J^alf ; for each perfon and a horfe, five cents ,- for each horfe 
' and chaire,riding chair,or fulkey,/'u;t'/x»f cents and a half; for each 

fleigh, fled or cart, drawn by one horfe, eight cents ; for each 
fleiejh, drawn by more than one horfe, tivelve cents and a 
half : for each fled, cart or waggcn, or other carriage 
drawn by more than one beafi, v/ith one driver, iivelve cents 
and a half ; for each coach, or other four wheel carriage, for 
the conveyance of perfons, twenty-five cerits ; for neat cattle in 
a drove, each 07ie cent ; for horfe kind, in a drove or led, one 
cent each ; for fwine or flieep, each half a emit. And in all cafes, 
the fame toll fliall be paid for all carriages and vehicles pafling 
faid Bridge, whether the fame be loaded or not. 
Bridge how to Sect. 3. And be it further enaclcd, That the faid Bridge 
be kiilt, fiiall be well built, of good and fuitable materials, at leaft thir* 



YORK BRIDGE. ff^. 17, An. 17 98. 1^9 

Xj feet wide, with fufficlent rails on each iide : Ami the faid 
Proprietors or Corporation fhall keep the faid Bridge in good, ^ , i 
fafe and paflable repair during the time they fhall be Proprie- in repair, 
tors of the fame. And if the faid Proprietors or Corporation 
fhall unreafonably negledl or refufe to keep faid Bridge in good 
repair as aforefaid, on fuch refufal or negleft being made to 
appear to the Juftices of the Court of General Seffions of the 
Peace, in the county of HampJhirCi it fhall be in the power of 
.faid Court to prohibit the Proprietors aforefaid from receiving 
toll from any perfon or perfons pafllng faid Bridge, until it 
fhall be put by them in fuch repair as Ihall be deemed fufficlent i 
And the toll fhall commence whenever the faid Bridge fhall 
be fit and fafe for carriages to pafs over it, and fhall continue 
to the faid Corporation and their fuccefTors forever ; fubjedt, 
however, to alteration of the General Court, after the term of 
twenty years : And at the place where the toll ihall be re- 
ceived, there fhall be eredted a lign-board, with the rates of 
toll fairly and legibly written thereon. 

Sect. 4. And be it further enaBed^ That if the faid Samuel 

JPlJh Merrick and others before named, and their afTociates, .^vijgQ ^^ i^^ 

fhall negleft, for the term of three year's after pafllng this built. 
A6t, to build faid Bridge, then this A^i Ihiall be void. 
[This Adt pafTed February i6, 1798.] 

An ACT for incorporating certain Perfons for the thom'eTto rel 
Purpofe of building a Bridge over Tork River, at ^^^^^ toil by 
a Place called Trafton^s Ferry. 1804. *"** 

WHEREAS the ere£ling a Bridge over the faid river, in 
the town of Tork, at the place aforefaid, will be of P"""''''- 
great public utility, and Efaias PrebbUy and William Fro/l, Ef- 
quires, Alexander Rice, Abel Moultotif Jofiah Chafe, and John 
Main and others have petitioned this Court for an A€t of 
incorporation, to empower them to build the faid Bridge : 

Sect. I . Be it therefore enaEled by the Senate and Houfe of 
Reprefentatives, in General Court affembled, and by the authority of 
the fame. That the faid Efaias Prebble, IFilliam Fro/l, Alexander Pcrfon* incor* 
Rice, Abel Moulton, Joftah Chafe, and John Main, fo long ns poratci 
they fhall be Proprietors in a fund to b« raifed for the purpofo 
of building faid Bridge, together with all thofe who fhall 
hereafter become Proprietors in the faid fund, fhall be a Cor- 
poration and Body Politic, under the name of The Proprie^ 
tors of Tork Bridge ; and by that name may fue and profecute y^ ^^^ ^^ 
and be fued and profecuted to final judgment and execution, be fued. 
and do and fuffer all other matters and things which Bodies 
Corporate may or ought to do and fuffer j and the faid Cor- 

poratioa 



flOO 



YORK BRIDGE. 



Feh.iy^An.iygB, 



m«tk. 



Fines may 
affeffed. 



poration fliall have full power to build a Bridge over faid riv- 
er at the place aforefaid ; with authority to make, have and 
life a common feal, and the fame to break, alter and renew 
at'pleafure. 

Sect. 2. Be it further cnaBedy That the faid Efaias Preb" 
hhy William Frojly Alexander Rice, Abel Moidton, Jojiah Chafe, 
and John Main, or any three of thein, may, by advertifement 
in the Eajlem Her.dd and Gazette of Alaine, printed at Portlandy 
f Itft taeetlngi warn or call a meeting of the faid Proprietors, to be holden 
in Torky at any fuitable time after fifteen days from the publica- 
tion of faid advertifement ; And the faid Proprietors, by a vote 
of the majority of thofe prefent or reprefented at the faid meet- 
ing, accounting and allowing a vote to each Ihare in all cafes, 
fliall choofe a Clerk, who fliall agree on a method of calling fu- 
ture meetings •, and at the fame, or any fubfequent meeting, may 
make and eftablifh any rules and regulations that flaall be ne- 
ceffary or convenient for regulating faid Corporation, for effecting, 
completing and executing the purpofes aforefaid •, and the fame 
rules and regulations may caufe to be kept and executed ; and for 
^^ the breach thereof may order and enjoin lines or penalties, not ex- 
ceeding ten dollars ; Provided the rules and regulations are not 
repugnant to the laws and Conflitution of this Commonwealth : 
And the faid Proprietors may alfo choofe and appoint any other 
officer or officers of the faid Corporation that they may deem 
neceflary ; and all reprefentations at the faid meeting ihall be 
proved hj writing, ligned by the perfon appointing his repre- 
fentative -, which fhall be filed with, or recorded by the Clerk, 
in a book or books for that purpofe provided and kept. 

Sect. 3. Be it further enaBed, That the faid Bridge {hall 
Brido-e how to ^^ "^^^^ ^'■"^*» ^^ ^^'^^ twenty-five feet wide, and Ihall be four 
be bmlt feet at leaft above the water in a common tide, at high water, of 

found and fuitable materials, with a convenient draw or paflage- 
way, at leaft thirty feet wide, and at proper place for the paf- 
fage of veflels, well confrrufted, with fubflantial piers on each 
fide, and well planked on the top and fides, with plank proper 
for fuch a bridge, and fuitable rails on each fide ; and the fame 
fhall be kept in good, fafe and pafTable repair, for the term of 
twelve years from the paffing of this A61. 

Sect. 4. Be it further enaEled, That if the faid Proprie- 
Time of build- tors fliall reftife or negleft, for the fpace of three years after the 
ing limited. paffing of this A£t, to build and complete the faid Bridge, then 
tliis A<S1: fliall be void and of no effi?<R:. 

[This A6t paiTed February 1 7, 1 798.] 



An 



BECKET CONOR. SOCIETY, f'^^. 17, An. 1798. 201 

An ACT for incorporating a Number of the Inhab^ 
itants of Becket^ in the County of BdrkJJjire^ into a 
Society, for, Religious Purpofes. 

t; , T)E it en.iEled by the Senate and Hoiife of Reprefi-nia* 

^ ' ' ^^ tlvt'S) in General Court ajfembhd, and by the author- 
ity of the fume, That Ebenezsr Wahien, Martin Kinfl^y, J^fip^^ Pei-fons 'm. 
Higlcyy Alpheia Slreeter, Solomon King, Nathaniel Kinfey, Oliver <^orporaccd. 
Breiifier, fohn Scott, James Riidd, George Conant, Jeraniah 
Lyman, Thomas Stevens, John SyUy, Thatcher Conant, Comfort 
Barnes, Elijah Aljjrd, Ifaac Clark, Simeon Luce, jim. Ozias 
Higley, DiUingham Clark, John Aufin, John Aujlin, jun. Ifaiah 
Kinguey, Eben.'zer Balch, Feter cl'Wolf, Oliver ^Milkrd, Jofph 
Ativell, Horace cVWolf, Jared Phelps, Ephraim Perkins, Enos 
Kiifley, Nathfin Bir chard, Afahel Alford, Jimes Birchard, ]\in, 
DuncAn Shciio, Marcus Carter, Jonathan Loomis, Abner Eames^ 
Tl:omas Chaffee, Thomas Cbajjee, jun. Benjmn'n Chaffee, JoJlma 
■Boiuen, Stephen Nichols, Lhabod Buel, William Johnfn, John 
Lejler, Levi Snonv, Elijah Ortijby, James Anjiin, James Birchard, 
-David Titus, Jeffe Rudd, David Brown, Orfmus Gilbert, Billey 
Alejjenger, Abel I)eivey, Thomas Merry/ield, and Ebenezer Adatns, 
be, and hereby are incorporated into a Society, by the name of 
The Fir^ Congregational Society in the Tonim of Bi-cket, and that jj^me" ^ ' 
they be vetted with the powers, privileges and immunities, and 
lubje<St to the duties and obligations hereafter in this Aft fpe- 
cified. 

Sect. i. Be it farther enaEl^d, That the faid Corporation „ 
may hold any real or perfonal eftaie, the annual income of which ^^J ^nd rc- 
ihall not exceed one thoiifand dollars, and Ihall have power to fue ceive doiu- 
and be liable to be fued in their corporate capacity ; and all ^'""^ 
donations of perfonal property or fubicriptions fliall be put on 
jnterelt on good fecurity ; and fu-ch intereft fliall be paid on the » , « , 
firft Monday in Jamtdry, annually, and applied, or lb much ^^ j^g appro- 
thereof as may be necelTary, to pay the falary of fuch learned priated. 
orthodox Pedol'iaptift teacher of piety, religion and morality as 
the majority of tht2 faid Society, and others entitled to a vote in. 
the choice of a Minifter, may from time to time orc|B!n or pro- 
cure to be fettled over them in the work of the miniftry ; and 
the overplus of the intereft ariling from the capital ftock iliall 
be applied from time to time, either to increale the ftipulated 
falary of the feLtled Minifter, or relieve fuch of the Society as 
iTjay be burdened beyond their abilities for his fupport, or fuch 
other pious purpoie as the majority of the members of the faid 
Society, at any lav/ful meeting of the fame, may agree and order. 

Sect. 3. Be it further enabled, That the faid Society be, 
and they hereby ara empowered, at the firil: lawful meeting 

thereof 

Vol, IL 2....B 



202 BECKET CONGR. SOCIETY. Feb.iy^hn.ijf)^. 

thereof which (hall be holden by virtue of this A£t, to choofe a 
ClerkandTrea- Clerk and a Treafurer of the faid Society, who, and as well alfo 
furertobc cho- every other Clerk and Treafurer thereof thereafter chofen, fhall 
^^"* be fworn to the faithful difcharge of the duties of their refpec- 

tive offices, and a certificate thereof, made by the Juftice who 
adminifters the oatli, which (hall be returned to and recorded 
by the Clerk of the faid Society : And alfo to choofe five or 
Truftees. {e\en of their body for Truftees, whofe duty it fhall be to man- 

age the funds and other prudential matters of the Society, and 
alio to receive donations and fubfcriptions for the i^fes and pur- 
pofes aforefaid : And the faid Society are hereby further em- 
powered, at any future lawful meeting called for that purpofe, 
to difmifs any of their above mentioned officers and eledl others 
in their room 5 and in cafe of a vacancy or vacancies, by death 
or otherwife, at any fuch meeting to fill up the fame. 

Sect. 4. Be it further enaEted^ That the Treafurer of the 
faid Society firfi: chofen by virtue of this A<Et, fliall be, and 
hereby is empowered, under the order and by direction of the 
Trufi:ees of the faid Society, or the major part of them, to de- 
Trcafurcr may mand, fue for and recover, as well from the feveral perfons 
^^ above-named, their heirs, executors and adminiftrators, the 

fums they have refpeclively fubfcribed for the purpofes above 
mentioned, or the interefi: of the fame only, as the Truftees 
may judge befi:, as from any perfon who fliall hereafter fubfcribe 
a fum for the ufe of the faid Society, his heirs, executors and 
adminiftrators ; and that the Treafurer of the faid Society, for 
the time being, (hall be, and hereby is vefted with a like power 
to demand, fue for and recover any fum lubfcribed, or that Ihall 
hereafter be fubfcribed for the ufes aforefaid, under the order 
and dire<rcion of the Truftees, or the major part of the Truftees 
for the time being. 

Sect. 5. Be it further enaciedy That whenever any perfon 
mitted a mtm- ^^'^^^ requeft to become a member of the faid Society, and fhall 
ber. fignify the fame to any one of the Truftees for the time being, 

it fhall be his duty to lay the fame before the Society at their 
next meeting; for their confideration ; and in cafe fuch perfon 
fliall be admitted a member of the Society at fuch meeting, by 
a major vote of thole prefent, his or her name fhall be entered 
on the records of the Society, and he or Ihe Ihall thenceforward 
be entitled to all the privileges and rights enjoyed by any orig- 
inal member thereof. 

Sect. 6. Be it further enaEled^ That any perfon who is or 

fliall be a member of the Pedobaptift church in the faid town 

„/Perfons incapa- of ^ff/?Yf , and who, in the judgment of the faid Society, fliall 

tie of paying j^q^ j^g j^u]g^ j^y donation or fubfcription, to become a member 

wUhftanding.*' °^ ^^^^ aforefaid Society, fliall have a right to give his vote in the 

choice of a Miniftcr. 

Sect. 



OTISFIELD. Ff^. 19, An. 1 798. 203 

Sect. 7. Be it further enncledy That any two of the per- 
fons above named may call a meeting of the faid Society, at p;j.fl. nieetlne 
fuch time and place, before the firft of May next, as they may how to be call- 
think proper, in the town of Becket, by pofting uv> notifications cd. 
of the time, place and purpofe in general of the faid meeting, 
in two or more public places in the faid town, fourteen days 
before the time for holding fuch meeting, at which meeting the 
faid Society fhall not only choofe the officers mentioned in this 
Adt, but may alio at the faid meeting, and at any future legal 
meeting, choofe any other officers they fliall deem neceflary the 
better to effeft the ends of their inftitution ; and may alfo agree 
upon a method of calling future meetings. 

Sect. 8. Be it further ena5fedy That the votes, proceedings 
and tranfaftions of the faid Society, and a fair and true account 
of the ftate of their funds, receipts, expenditures, donations, 
fubfcriptions and legacies, fhall be conftantly kept and recorded 
in one or more book or books by the Clerk of faid Corporation ; -^^^ , 

and the fame lliall be open at all times to the infpedlion and free for iHfpec- 
examination of the Legiilature, or any perfon or perlbns ap- tlon. 
pointed by the Legiflature to infpe^t the lame, and to the Truf- 
tees of faid Society, for the time being, or a Committee of the 
faid Society appointed at any lawful meeting thereof to infpect 
and examine the fame. 

[This Adt palTed February 1 7, 1 798.] 



R 



An ACT altering the Name of Peter Greeiie to Peter 
W. Greene. 

tE it enaBed by the Senate and Houfe of ReprefentativeSy in 
General Court affembledy and by the authority of the famey 
That from and after the paffing of this A£l, Peter Greene^ of 
BoJioHi Merchant, (fon of Richard Greene^ late of Warivicky in 
the State of Rhode-Iflandt deceafed) fhall be, and he hereby is 
authorized and empowered to take, bear and ufe the name of 
Peter W. Greene^ and Ihall be called and known by that name 
at all times hereafter. 

[This Adl palled February 19, 1798.] 

An ACT to incorporate the Plantation called Otisjield, 
in the County of Cumberland^ into a Town by the 
Name of Otisjield. 

„ TiE it enaBed by the Senate and Hcufe of Reprefenta- 

■*-^ tivesy in General Court aJJ'emhled, and by the author"- 
ity of the fame. That the Plantation of Otisfeld, in the county of 
Cumberlandy bounded as follows, viz. Beginning at the north- jjounjjfj^^ 
weft corner oi Raymond Town Plantation, thence running north 

forty-five 



204 DENNIS' MEADOWS, S:c, Feb. 22, An.1798, 

forty-five degrees eaft, two thoufand and nine hundred thirteen 
rods, to a corner marked, thence running north twenty-five de- 
grees weft, two thoufand five hundred and twenty rods, oa 
Philip's Gore, To called, or Hebron, thence fouth fixty-five de-' 
grees weft, one hundred and ninety-f^ve rods, thence north 
twenty»-five degrees weft, five hundred and forty rods, thence 
fouth fi:!ity-five degrees v/eft, tvrelve hundred and ninety-fix 
rods, on the foot line of Waterford, thence fouth twenty-five de- 
grees eaft, three thoufand one hundred fixty-nine rods, on 
Briclgtoivn eaft line, thence fouth fixty-five degrees weft, one 
thoufand four hundred and eighty rods on the foutherly line of 
Bridgto%un, thence fouth forty degrees eaft, nine hundred and 
thirty rods, on F/iatJIo'WH, to the firft bounds, with the inhabit- 
ants thereon, be, and they hereby are incorporated into a town 
bv the name of Otisjield. And the faid town is hereby vefted 
with all the powers, privileges and immunities \vhich other 
towns in this Commonwealth do or m.ay by law enjo;^. 

S5CT,. 2, Be it further enabled, That Enoch Parley_, Efq. be, 
Firft meeting: ^^^ j^^ hereby is empowered to ifiue his v/arrant, directed to 
^w to eca - ^Q^^g fuitable inhabitant within faid town, requiring him to warn 
a meeting of the inhabitants thereof, at fuch time and place 
as fliall be expreffed in faid warrant, for the purpofe of choofing 
fuch town ofiicers as other tov/ns are empowered to choofe in the 
month of March or j4pril annually. 

[This Act pafTed February ip, 1792*3 



w 



An ACT to prevent Damage being done on the 
Meadows and Beaches lying in and adjoining on 
the north-eaft Part of the Town of Df^iKw, between 
^ivit- Harbour on the eaft, and Scjfuit-Harbour on 
the weft;. 

'HERE AS mr^ny people frequently drive numbers of neat 
cattle, horles, Iheepand fwine, to feed upon the beaches, 
Preamble. meadows and ihores adjoining to the north-eaft of Dennis, lying 
between Qtiivit-Hmbour on the eaft, and Stjfuit-Harbour on the 
weft, whereby the ground and besch is much broken and dam- 
nified, and the fand blov,'n on faid adjoining meadows and upland, 
to the great damage not only of fundry private perfons, but of 
the whole propriety in general : 

Sect. i. Be it etmcied by the Senate mid Houfe of Reprtfenta-^ 
fives i in General Court ajfembh'dy oud by the authority of the fame^ 
That from and after the pailing of this A€i, no perfon or perfons 
iliall prelume to turn any neat cattle, horfe-kind, fheep or fivine 
to or upon any of the beaches, meadows or Ihores that Ue on the 
north-eaft part of the town oi Dennis y between Qjiivit-Harbour on 
the eaft^ and Sijpnt- Harbour on the weft,, at any time between 

the 



DENNIS MEADOWS, &c. Feb. 23, An. 1798. 205 

the firft day of April and the laft day of Onoher^ yearly, during 

the continuance of this A<^, on penalty of paying for each offence p . . 

eighty-four cents a head for neat cattle or horfes of one year old tiiming cattle 

or upwards, and feventeen cents a head for each fheep or fwine, &c. on the 

that fhall be turned or found on faid beaches, meadows or fhores beaches, &c. 

within the limits aforefaid j which penalty fhall be recovered by 

any perfon, that fhall inform of and fue for the fame \ the one 

half of faid forfeiture to him or them that fhall inform and fue 

for the fame, and the other half to be to and for the ufe of the 

poor of faid town. 

Sect. 2. Be it further ettaSledy That if any neat cattle, 
horfe-kind, fheep or fwine fhall at any time hereafter be found 
feeding on the faid beaches, meadows or fhores, that lie between 
faid Quivit-Harbour and faid Sejfuit-Harbour^ in faid Dennisy it 
fliall and may be lawful for any perfon or perfons to impound Cattle, &c. may 
the fame, immediately giving notice thereof, to the owners there- ^ ""po"''' 
of, if known, otherwife to give public notice thereof by pofling 
the fame up in fome public place in laid town and the two next 
adjoining to\vns ; and the impounder fhall relieve the faid crea- 
tures with fuitable meat and water while impounded ; and if 
the owner thereof appear to redeem his impounded creatures, 
he fliall pay tiuenty-fve cents to the impounder for each neat Pounder** fees, 
beafl and horfe kind ; eight cents for each fheep and fwine, and 
the reafonable coft of relieving, befides the pound-keeper's fees, 
as by law appointed for fuch creatures ; and if no owner appear 
within the fpace of ilx days to redeem the faid cattle, horfe-kind, 
fheep or fwine i'o impounded, and pay the coft and damage oc* 
cafioned by impounding the fame, then, and in every fuch cafe, 
the perfon impounding fuch cattle or horfe-kind, fheep or fwine, 
fhall caufe the fame to be fold at public vendue, and pay the cofl 
and charges ariflng about the fame -, public notice of the time 
and place of fuch fale to be given in the faid town oi Dennis y and 
in the to\vns of Tarmouth and Hartuich, forty-eight hours be- 
forehand ; and the overplus, if any there be, arifing by fuch fale, 
to be returned to the owner of fuch cattle, horfe-kind, flieep or 
fwine, at any time within twelve months next after, upon his de- 
manding the fame ; but if no owner appear within the faid 
twelve months, then the faid overplus fhall be one half to the 
party impounding fuch cattle, hori'e-kind, fheep or fwine, and 
the other half to the ufe of the poor of the faid town of Dennis. 
Providedy That nothing in this Acl fliali be conflrued to prevent pro»yi». 
the owner or owners of fuch beach or meadows, or any improv- 
ing under them, from turning on the horfes they ride, or cattle 
they improve in their teams, to feed on faid beach or meadows, 
while they arc cutting or carting their fait hay off faid beach or 
meadows : Provided alfoy That the owners of the faid meadows 
fhall keep up and maintain their fences purfuant to former agree- 
ments* 

[This Aft paffed February 22, 1798.3 

An 



2o6 BELGRADE. f>^. 23, An. 1798. 



An ACT to fet off that Part of the Town of Sydney 
which lies weft of Wejl Pond, and to annex the 
fame to the Town of Belgrade. 
jyE it ena&ed by the Senate and Houfe of Reprefcfitatives^ in 
-*-' General Court ajfcmbledj and by the authority of the fame. 
That the part of Sydney lying weft of Wefl Pond, bounded as 
foUowethj viz. Beginning on the weft fide of faid Wef Pond, on 
the foutherly line of Winfoiv, and from thence running weft- 
north-weft about one mile and one half of a mile, to the north- 
eaft corner of Belgrade ,- thence fouth-fouth-weft about two 
miles and one half of a mile, to Wejl Pond aforefaid ; thence 
northerly on the wefterly fide of faid pond, to the bounds be- 
gun at, with the inhabitants thereon, be, and hereby are fet off* 
from the f ud town of Sydney, and annexed to and made a part 
of the town of Belgrade. 

[This A61 pafTed February 23, 1798.] 



An ACT for incorporating the Owners of certain 
Lands in Long Meadow, in the County of Hamp- 
fhire, for the Purpofe of managing the fame as a 
Common and General Field. 



B 



E it enaBed by the Senate and Houfe of Reprefentatives, in 
General Court ajfembled, and by the authority of the fame. 
That all that tradl of land lying in the town of Long Meadow, 
included within the following bounds, to wit : Beginning on 
ConneEiicut River, near the north end of faid town, at a place 
called the Eddy ; from thence northwardly on faid river Bank, 
to the houfe of Ellis Ruffell ; thence in an eafterly courfe up 
Pecoivftck Hill, as the fence now runs, to the county road ; 
thence by faid road, to Enfield bounds ; thence weftwardly by 
Enfield line, to ConneEiicut River, be, and hereby is made a 
Common and General Field ; and the Proprietors of the lands 
lying within faid bounds, their heirs and afiigns, be, and hereby 
are incorporated and invefted with all the powers and privileges 
with which the Proprietors of Common and General Fields are 
by law veft-ed. 

[This Adl: pafTed February 23, 1798.3 



An 



CORNVILLE....EASTPORT. Feb, 24, An. 1798. %of 

An ACT to incorporate the Townfhip Number Two, 
in the firft Range of Townfhips, north of and ad- 
joining to the Flymouth Patent^ on the eaft Side of 
Kennebeck River, in the County of Lincoln^ into a 
Town by the Name of Cornville. 
o TiE it enaEled by the Senate and Houfe of Reprefenta- 

■^ tiveS) in General Court ajfembled, and by the author- 
ity of the fame ^ That the fbllowing delcribed tra£t of land, with 
the inhabitants thereon, be, and hereby are incorporated into a 
town by the name of Cornville : Beginning at the north-eaft 
corner of townlhip Number One, at an hemlock tree ; thence ■^°""°"""' 
running eaft fix miles, to a beach tree marked j thence fouth 
fix miles and a quarter, to a fpruce tree marked, on the Plymouth 
Company's line ; thence weii on faid line fix miles, to a ftake ; 
thence north fix miles and a quarter, to the bounds begun at j 
and the faid town is hereby veiled with all the powers, privi- 
leges and immunities which other incorporated towns within 
this Commonwealth do or may by law enjoy. 

Sect. 2. j^nd be it further enaciedi That Nathaniel Dum- 
merj Efq. be, and he is hereby empowered to ifiue his warrant, 
directed to fome fuitable inhabitant of laid town of Cornville, Firft meeting, 
requiring him to warn the inhabitants thereof to meet at fome 
convenient time and place to choofe all fuch officers as towns 
are by law required to choofe in the month of March or jipril 
annually. 

[This Adi pafied February 24, 1798.] 

An ACT to incorporate the Plantation called Number 
Eight, in the County of Wafhington, in the Bay of 
Paffamaquoddy, into a Town by the Name of Ea/i" 
port. 

Sect i 7^"^ '^ enabled by the Senate and Houfe of Rcprefenta- 
•^ tives, in General Court affembled, and by the author- 
ity of the fame. That the plantation called Number Eight, in the 
Bay of Pnffamaquoddy, bounded as follows, viz. Southerly by 
the Bay of Fundy or Atlantic Ocean ; eafterly by a line as de- Boundatles. 
lineated in a plan of faid plantation, taken by Rufus Putnam, 
Efq. and others, in the months of June and July, in the year 
one thoufand feven hundred and eighty-five,' and drawn from 
the eafiiern point of IFeJl Qiioddy Head .• northerly through 
the narrows into Pajfamaquoddy Bay, and between Moofe If and 
and Deer If and ,- northerly by a line delineated as aforefaid ; 
and from the middle of the paflage called the gut, between 
Pleafant Point and Burnt If and, running wefterly and fouth- 
wefterly through Cobfkook Bay, to the middle of the Ship Chan- 
nel 



2o3 



PHILLIPSBURG. 



Feb* 27, An. 1 798. 



fiel between Crawford's or Dcnhoiv's Neck, and Fa/l I/land ; 
wefterly by aline running foutherly through faid Ship Channel^ 
and up '$?/''a/> Bay to a white pine tree at its head, marked one 
thoufand {t\en hundred and eighty-five, N. E. N. W. from 
thence bv line trees foutb. nine degrees thirty minutes eaft, four 
miles three hundred and twelve rods to a fpruce tree on the 
northerly fhore of HaycocFs Harbour, marked one thoufand 
feven hundred and eighty-five S. W. S. E. and from thence 
through the middle of faid harbour to the Bay of Fundy, in- 
cluding Mcofe Ifand, Burnt Ijlimd, Dudley's JJland, Frederick 
Illa7id, the IJle of Patmos, and all other iflands within the faid 
boundaries, as defcribed in faid plan, together with all the 
inhabitants thereon, be, and hereby are incorporated into a 
town by the name of EafporU And the faid town is hereby 
Vefted with all the powers, privileges and immunities which 
towns within this Commonwealth do or may by law enjoy. 

Sect. 2. A?id be it further enacied by the authority aforefaid^ 
That John Allan, Efq. be, and hereby is empowered to ifTue his 
Firft tnecting. warrant to fome fuitable inhabitant of 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 m.onth 
o£ March or April annually. 

[This A(5l pafied February 24, 1 798.] 



Preamble. 



Boundariet. 



An ACT for incorporating the Plantation of Little 
Falls, in the County of Tork^ into a Town by the 

Name of Phillipjlurg. 

WHEREAS the inhabitants of the faid plantation labour 
under many inconveniences in their prefent ftate, and 
are defirous of being incorporated into a town : 

Sect, i . Be it e7iaQed by the Seriate and Houfe of Reprefent* 
atives, in General Court ajpmbled, and by the authority of the fame ^ 
That the plantation in the county of Tork, called Little Falls, 
with the inhabitants thereon, bounded as follows, viz. North- 
wefterly by Limington, north-eafterly by Saco River, fouth-eaft- 
erly by Biddeford, and fouth-wefterly by Arundell, Coxhall, and 
Waterborough, (excepting a tra(El: of land containing about two 
thoufand acres, bounded north-eafi:erly by Saco River afore- 
faid, and north-wefterly by Little Offipce River, now owned by 
Abner Chnje, John Gilkey, James Davis, John Davis, Ednvard 
Nafon, Nicholas Nafon, and Eltfja Cobb, which is hereby annex- 
ed to the town of Limington aforefaid) be, and hereby is in- 
corporated into a town by the name of Phillip/burg : And 
the faid town of Phillipfburg is hereby vefted with all the 
powers, privileges and immunities which other towns in this 
Commonwealth do or may by law enjoy. 

Sfxt. 



ANSON. March I yAn.iygS, 209 

Sect. 2. ^nd be it further eiiaBed^ That John Low, Efq. be, 
and he hereby is empowered to ifTue his warrant, dlre(5lcd to 
fome principal inhabitant of the faid town of Phillipjburgy 
requiring him to notify and warn the inhabitants thereof to "i^cting. 
meet at fuch tinae and place as he fhall therein appoint, to 
choofe all fuch officers as towns are by law empowered to 
choofe at their annual town meeting, in the month of March 
or April. 

[This A^l pafled February 27, 1798.] 

An ACT to incorporate the Townfhip Number One, 
on the weft Side of Kennebeck River, in the lirft 
Range northof and adjoining to the Line oiPlymouth 
Ckiim, in the County of Lincoln, into a Town by 
the Name of An/on. 

«t T)E it eiiaSled by the Senate and Houfe of Reprefenia- 

tives, in General Court njfcmbled, and by the author- 
ity of the fame. That the plantation No. One, as defcribed within, 
the following boundaries, together with the inhabitants thereon, 
be, and they are hereby incorporated into a town by the name of 
An/on. Beginning at the point where the north line of the 
Plymouth Company's land fliall touch the w^eft bank of Kemie- Boundaries. 
beck River ,• thence running weft, and bounded by faid line, fix 
miles to a rock-maple tree marked Q and T i, andT 2, for the 
fouth-weft corner of townfliip No. One, and the fouth-eaft cor- 
ner of townfhip No. Two j thence north, fix miles and a quar- 
ter to a rock-maple tree marked in like manner, for the north- 
weft corner of townfliip No. One, and the north-eaft corner of 
townfliip No. Two ; thence eaft, eight miles and fixty rods to 
Kennebeck River, to a hemlock tree marked for the north-eaft 
corner of townihip No. One ; thence foutherly, by the weft 
fide of Kennebeck River, to the bounds firft menrionet! : And 
the faid town is hereby veiled with all the powers, privileges and 
immunities, which other corporate towns within this Common- 
wealth do or may by law enjoy. 

Sect. 2. And be it further enabled. That Nathaniel Dum- 
mer, Efq. be, and he is hereby directed to ilTue his warrant, di- 
resfted to fome fultable inhabitant of the faid town of Anfon, ^""^ meeting, 
req'-ilring him to warn the inhabitants thereof to meet at fuch 
time and place as he fhall therein appoint, to choofe all fuch offi- 
cers as towns are by law required and empowered to choofe in 
the months of March or April annually. 

[This Aa palled March I, J79S.] 

An 
Vol. II. 3....C 



2IO FIRST MASS. TURNPIKE. March i, An. 1798. 

An ACT in addition to an Ad, entitled, " An A^l in 

addition to and for the amendment of the Adl 

Nov 25, 1796. V^^^^ ^^s eleventh Day of June, One thoufand 

Feb. 13,' 1799! feven hundred and ninety-fix, eftablifhing The Firji 

Maffdchufetts Turnpike Corporation, and for other 

Purpofes herein mentioned/* 

q jyE. it cnaBed by the Senate and Houfe of Reprefetita- 

fives, in General Court ajfembled, and by the author- 
ity of the fame, That fo much of the claufe of the original A£t of 
incorporation as relates to the toll which the faid Corporation is 
entitled to receive for every curricle, for every chuife, chair or 
other carriage drawn by one horfc, for every lleigh drawn by 
Certain toll re- ^^° °^ more horfes, for all oxen, horfes and neat cattle, led or 
gealed. driven, befides thofe in teams and carriages, be, and hereby is 

repealed. 

Sect. 2. Be it further enacted. That the faid Corporation 
be, and hereby is entitled to receive from each palTenger and 
traveller the following rate o^ toll, to wit : For every curricle, 
N <■ 11 ft h f"^^^^'^ ff/zifj" ; for every chaife, chair or other carriage drawn by 
liflied. one horfe, twelve cents and five mills ; for every fleigh drawn by 

two horfes,j/7.v cents ; and if drawn by more than two, an addi- 
tional film of two cents for each horfe ; for all oxen, horfes and 
neat cattle, led or driven, befides thofe in teams and carriages, 
one cent and five mills. 

Sect. 3. Be it further ena^ed. That the faid Corporation 
be, and hereby is authorized and empowered to lay out and 
AdditiMial niake a Turnpike Road, communicating with the former, from 
Road. the houfe of Major Aaron Graves, in Palmer, to the houfe of 

Col. Reubeti Sikes, In JVilbraham, both in the county of Havip- 
JInre ; and when the fame fh.dl be fufHciently made, and fhall 
be fo allowed and approved by the Juftices of the Supreme Judi- 
cial Court, at any term thereof in any county in this Common- 
wealth, then the faid Corporation fliall be authorized to ere(Sl a 
Turnpike Gate on the fame, in fuch manner as ihall be neceflary 
and convenient, and fliall be entitled to receive from every 
traveller and pafTenger the following rate of toll, to wit : For ev- 
Thc toIL ery coach, phaeton, chariot or other four wheel carriage, drawn 

by two horfes, fixteen cents ; and if drawn by more than two 
horfes, an additional fum of two cents for each horfe ; for every 
cart, waggon or fled, drawn by two oxen or horf^es, five cents ; 
and if by more than two, an additional fum of two cents for ev- 
«ry fuch ox or horfe ; for every curricle, twelve cents and five 
mills ; for every fleigh drawn by two heroes, five cents ; and if 
drawn by more than two, an additional fum of two cents for each 
horfe ; for every chaife, chair or other carriage, drawn by one 
horfe, eight cents ; for every man and horfe, three cents ; for all 

oxen. 



JVIASS. MUTUAL FIRE INS. CO. March i.kn.iy^^, 211 

oxen, horfes and neat cattle, led or driven, befides thofe in teams 
and carriages, one cent e.ich ; for all Iheep and fvvine, two cents 
by the dozen ; and in the lame proportion for a greater or lefs 
number, but in no cafe lefs than one cent : Provided^ That no- Provifo. 
thing in this Adt iliall extend to entitle the faid Corporation to 
demand toll of any perfon who fliall be paffing with his horfe or 
carriage to or from public worlhip, or with his horfe, team or 
cattle, or on foot, to or from his common labour on his farm, or 
to or from any mill, or on the common and ordinary bulinefs of 
family concerns within the fame towns. 

Sect. 4. And be it further enacted, That the faid Corpo- 
ration be, and hereby is vefted with all the powers, rights and 
privileges, and fubjeded to the fame duties, requilitions and lim- "^.^^ "o'be un' 
itations, in refpeft to the Turnpike Road which the faid Cor- ^er the fame 
poration is hereby authorized to make, in the fame manner as it regulations 
would have been, had the fanae been included in the original '^^^^ "^^^ °^^ 
Aft of incorporation : Provided however y That the faid Corpo- 
ration may demand toll for faid Turnpike Road, mentioned in 
this Aft, where the fame fl:iall be made on a public highv/ay 
now exifting, and ere6t gates thereon, although the fame is not 
difcontinued by the Court of General Seffions of the Peace. 
[This Aft palTed March i, 1798.] 

An ACT incorporating The Majfachufetis Mutual Firs 
Infurance Company, 



Sect, i 



DjS it enaBed by the Senate and Hotife oj Reprefentd" 
-*-' tiveSy in General Court ajjembledy and by the author- 



ity of the fame^ That Mofes Michael Hays, David Townfend^ 
James JVhitey Paul Revere, Henry Jackfon, Willi am Euflisy 
Nathan Bond, James Sullivan, Samuel Sali/bury, John Sweetfer, 
Edtvard Tuckerman, George R. Minot, William Parfons, Charles 
Miller, Jofcph Pope, and Elifha Tichior, and their affociates, be- 
ing owners of buildings within this Commonwealth, fhall be a 
Corporation, together witli all thofe who may become members 
thereof, under the name of The Majfachufetts Mutual Fire In- 
furance Company, and enjoy all privileges and powers incident to 
Corporations. 

Sect. 2. Jnd be it further enacted. That for the well or- 
dering and governing of the affairs of the faid Corporation, they 
fhall have power to choofe a Prelldent, Treafurer and fifteen 
Direftors, (ten of whom fliall refide in Bflon) to manage the ^'J^^'^°" ^° ^ 
concerns of the faid Corporation, and fuch other officers as they 
may deem necefTary : Provided neverthelcfs. That no policy of 
infurance ihall be made by the faid Corporation, until the fum 
fubfcribed by the alTociates to be infured fhall amount to two 
millions cf dollars ; and at all meetings of the faid Corporation P*' 
every matter Hxall be decided by a majority of voLes, each mem- 
ber 



212 MASS. MUTUAL FIRE INS. CO. MarcJn.Kn.ij^^, 

Right of vot-^^^ having as many votes as he has policies, with the right of 
ing. voting by proxy. 

Sect. 3. And he it further ennBed, That the faid Corpora- 
May hold real tion may purchaie and hold fuch real eftate as may be neceffary 
^'^'^°- to be by them occupied for tranfacting the concerns of the faid 

Provifo. Corporation : Provided^ That the amount thereof fhall not ex- 

ceed the fum of twenty thoiijand dollars. 

Sect. 4. And be it further enaSledy That the faid Corpora- 
tion may, (as foon as the faid two millions of dollars fliall be fub- 
May inrurefor^"^'*^t)ed to be infured) and they are hereby authorized to infure 
feven years. for the term of feven years, any manfion houfe or other build- 
ing within this Commonwealth, againft damage arifing to the 
fame by fire, originating in any caufe except that of defign in 
the infured, and to any amount not exceeding four-fifths of the 
value of any building ; and in cafe any member fhould fuftain 
Aff ffments to ^^^'^'^g^ by fire over and above the then exifting funds of the 
be made in ex« fi-i<i Corporation, the Directors may affefs fuch further fum or 
tra cafes. fiuns upon each member as may be in proportion to the fum by 

him infured, and the rate of hazard originally agreed on : Pro- 
Provifo. vided however y That no member, during the term of feven years, 

fhall be held to pay by way of affeffment, more than i%vo dollars 
for each dollar by him advanced as premium and depofit. 

Sect. 5. And be it further enaEledy That the monies ad- 
vanced by each perfon inl'ured, fhall, within fixty days after fuch 
Capital tj be advancem.ent, be vefled either in the fecurities of the United 
fecured. States or of this State, or in the ftock of fome incorporated bank, 

at the difcretion of the Frefident and Directors, and the pro- 
ceeds of the fame fhall be appropriated and applied to pay the 
damages or lofs that any member may fuflain by fire, to defray 
the expenfes of the Corporation, and to raife a referved fund of 
ten thoufafid dollars ,• and each of the infured fhall at the expira- 
P rfons inav ^^^^ °^ ^^'^ policy or policies, have a right to demand and receive 
withdraw their from the Corporation his fliare of the remaining funds, in pro- 
proportion, portion to the fum or fums by him adlually paid. 

Sect. 6. And be it further enaHed, That five of the Direc- 

rive Dire<5lors tors being prefent at any meeting, fliall form a quorum for pro- 

to orm a cjuo- (-gg^j^g jj^ bufinefs, and that there fhall be a meeting of the 

faid Corporation annually, on the firfl: Tuefday of June^ at fuch 

laT'meeting"*^" P^^^^ ^s the Directors may appoint, and twenty-five members 

being prefent fhall form a quorum. 

Sect. 7. Be it further enaHedy That when any miCmber of 
the faid Corporation fo infured fhall fuftain any lofs for which 
the fame Corporation fliall be held to indemnify him, and he 
fhall recover judgment therefor againft it, he fhall have a right 
to levy his execution ifiued on fuch judgment on any of the 
Corporation funds of the faid Corporation ; and when he fhall not find fuf- 
^^ ^ ' ficient funds to fatisfy the fame, and all cofls thereon, and the 
faid Diredors fliall negled or refufe, for the fpace of thirty 

days 



CONCORD RIVER FISHERY. March i, An. 1798. 213 

days from rendering fucli judgment, to make an aiTeflrnent 
agreeable to the principles herein exprelTed, and to colledl the 
fame according to the due forms of lr>w, and to fatisfy fuch exe- 
cution as far as the faid funds and affeffments may extend, then 
and in that cafe it fhall be lawful for fuch judgment creditor to 
levy and extend his faid execution on the private property of DlreAors' tf- 
any of the faid Direftors, to the amount damages and cofts he ^^!^* "'^^ ^^ 
fliall be entitled to recover and receive on fuch execution. 
And any Director whofe eftate, real or perfonal, fhall be fo 
taken, may recover compenfxtion therefor by an aclion on the 
cafe againft the faid Corporation. 

Sect. 8. And be it further enaBedy That any two of the 
aforementioned afTociates may, as foon as they deem proper, call 
a meeting of the faid Corporation, to be held at hich time and rirft mcetJag. 
place as they may judge convenient, by a notification printed in 
any Bojlon newfpaper, feven days previous to the time of holding 
fuch meeting, in order that the faid Corporation may organize 
themfelves, and proceed in the bufmefs of the alTociation, 
[This AcT: palTed March i, 1798.] 



An ACT to prevent the Deftruclion of Fifli in Con^ 
cord River, in the County of Middle/ex. 



Sect. 



D-E it enaEled by the Senate and Hotife of Reprefcnia- 
-^ tivesy in General Court ajfembled, and by the author- 



ity of the fame y That if any perfon or perfons after the firft day 

of April next fhall take or catch any fi{h in Concord River y in the FidiJnglnCon. 

county of Middlefex, or in any pond or ftream which empties cord River pro- 

into the fame, after fun-fet, and before fun-rife, with the ule of 

either torch or fpear, every perfon fo offending fhall forfeit and 

pay for each offence a fum not exceeding fve dollars^ nor lefs 

than tivo dollars, to be recovered in an action of debt, one half 

to him who flaall fue for the fame, and the other half to the 

town in which the fifli fhall be fo caught or taken. 

Sect. 2. And be it further enaEled, That if any perfon or 
perfons fhall ere<Sl any wear acrofs any of faid waters, and n© wear to be 
thereby take any of faid filli, or obfkrudt them in their paff^.gc ercdcd. 
through the fame, every perfon fo offending fhall forfeit a fuui 
not lels than three dollars, nor more than ten, for each offence, 
ko be recovered in manner, and to the ufe aforeiaid, 
[This Aa palled March i, 1798.] 

An 



314 "WEWEANTlt R. FISHERY. March i, An.i 79I 

An ACT for the Prefervation of the Fifh called Alp- 
wives in We%vcaniii River^ in the County of Plym- 
Qiith. and for rcgiiiviting the taking faid Fifli, and 
for repealing all Laws heretofore made for that 
Purpole. 

« TiE it encBcd by the Semite arid Houfe of Reprefevta- 

■'-' fives ^ iti General Court ajfembled^ and by the author^ 

«'A « . ^^y of the famCy That the feveral towns of Rocheflcr, IVarehatn 

Piflj Commit- '^ jV- "^ ii 11 I • • • 7 r It r 1 

tee to be cbo- ^"" ^'^'^'^^'^ inall, at their town meeting m the rail or the year 

&a. annually, refpe(5liveiy choofe a CommiLtee of three perfons in 

each town, whofe duty it Ihall be in the month of March., an- 
nually, to fell at public vendue the privilege of taking faid 
iilh at fuch places not exceeding three in faid towns, and on 
fuch days, not exceeding three in each vpeek, as faid Com- 
mittee fliall agree upon and publifti in their conditions of fale, 
in which conclltions faid Conimittee ihall alfo expiefsthe price 
at which it may be lawful for faid purchafers to fell faid fifli 
•when taken, not exceeding the rate oi ti>jc>tty-Jive cents iox one 
hundred of faid fiih 5 and faid Committee, before they enter 
upon the execution of their office, fhall be fworn to the faith- 
ful and impartial performance of their duty in the fame man- 
ner as other town officers- 

Sect. 2. Be it further enacted^ That the Committee of the 
town ci Rochc/ler the iiril year, the Committee of the town of 
Wiirehiim the fecond year, and the Committee of the town of 
Carver the third year, and fo in rotation forever, fiiall notify 
Ffacfrso/mcct- the town-clerks of the other towns concerned in faid fifhery, 
Mi^t<D b« Hoti- t,f tije tJi-,-j^ .jjjj^ place in which faid Committee fliall meet ; faid 
notice to be ferved ten days at leaft before the time of meet- 
ing •, at which meeting as well as all fubfequent meetings, the 
majority prefent Ihall havfe the power and authority of the 
whole Coimnittee. 

Sect. 3. Be it further cnaEled^ That all perfons except 
the purchafer or purchafers, or thofe employed by them who 

■a- r riv fli'^H take anv of faid fifh in IVenveafitit River, or in anv pond 

f -.ne for iim- ^ . . . , . , „ . . t:, •' 

inj; without or Itream i\aving communication tnerewith, Sippican River ex- 

aaniiority. cepted, ihall forfeit antl pay the fum of tiventy dollars. 

Sect. 4. Be it further enacted^ That if either of the towns 

of Rochcflery lVa>eham or Carver fhall neglect to choofe their 

proportion of faid Committee, as they are required by this Aft, 

or if the Committee when chofen whofe duty it fl)all be to 

notify the clerks of the other towns, of the propofed time for 

the whole Committer to meet as aforelaid, ihall negleft to give 

fuch notice, the town or Committee ofiending as aforeiaid, 

Ihall for each offence forfeit and pay to the ufe of the town 

l*c»alty forne- ^^ towns performing the duties required by this Acl, the lum 

gka of duty, of one hundred dollars. Sect. 



WEWEANTIT R. FISHERY. March i, An.i79S. 415 

Sect. fj. Be it further efiaEfed^ Thalt the owner or occupier 
of any dam on faid river (hall annually, betwixt the firft day 
of April and twenty-fifth day of May following, for fuch term 
and in fuch manner as faid Committee Hiall direct, open a 
fufficient iluice-way for the paffage of faid fiih, and the own- Sluice-way t» 
or or occupier of fuch dam neglecting to open, or to continue ^ 
open a fluice-way as aforefaid, fliall forfeit and pay the lum 
oijifty dollars : And the Conimitree aforefaid fliail have pow- 
er to open fuch dam when neglected as aforefaid, at the ex- 
penfe of the owner or occupier. 

Sect. 6. Be it further enafledy That if any perfon fhall 
make any wear or other obftru^lion to the free paflage of No wear to bp, 
faid fifh, or fhall make ufe of any i'eine in faid river or in any ^'■c"«<^' 
pond or ftream communicating therewith, the perfon offend- 
ing fhall forfeit and pay the fum o£ Jtjty dollars ; and faid 
Committee fhall have authority to remove fuch wear or ob- 
ftrudfion at the expenfe of the perfon cauflng the fame, and 
alfo to feize any feine ufed as aforefaid, and to difpofe of the 
fame for the ufe of faid towns. 

Sect. 7. Be it further enacted. That the Treafurers of the 
aforefaid towns refpe6tively are hereby empowered, upon the _ 
complaint of any of the Committee aforefaid, to fue for the £^^ 
recovery of any forfeitures incurred by the breach of any of the 
regulations provided in this Aft, and alfo of fuch further regu- 
lations as may from time to time be pi-ovided by the Committee 
aforefaid : And all fines and forfeitures recovered for any 
breaches aforefaid, except fuch as are mentioned in the fourth 
fe£lion of this Aft, fhall together with the proceeds of faid 
fiihery be equally divided between the aforefaid towns ; and the 
Treafurers aforefaid refpeftively may in behalf of their refpec- 
"^ive towns, recover in an aftion on the cafe, of any perfon or 
perfons. Corporation or Corporations holding the fame, one 
third part thereof, in any Court proper to try the fame. 

Sect. 8. Be it further enaEled, That the purchalers of the 
right of taking faid fifli, fliall in all refpefts conform them- p j^ /• r 
felves to fuch regulations as the Committee aforefaid !hall pub- j-jg^t to fifli to 
lifh in their conditions of fale, and for each oflence in break- conform to reg- 
ing faid regulations fliall forfeit and pay the llim of twenty "l^'"'"*- 
""dollars. 

Sect. 9. Be it further enacled, That any of the Committee 
aforefaid may be admitted as witnefi'es in any profecution for 
the breach of any regulations reipecling laid fifhery, and faid 
-Committee fhall receive for their fcrvices out of the proceeds Committee ta 
of faid fiihery, ^/i-vwzj) cents to each perfon for each day's fervice. be paid. 

Sect. 10. Be it further enacted^ That all laws heretofore 
made refpefting faid river be, and the fanie hereby are repeal- 
ed, excepting fo far as may refpeft any penalties already in- Former la 
«urred for the breach of faid laws. repealed. 

[This Acl: palled M^rch i, 1798.] An 



2i6 LINCOLN & CUMB. FISHERY. March i, An.1798. 

Miie'^ftrSam ^" ^^^ ^^^ ^^^ Prcfervation of the Fifli called Sal- 
Peb.j, 1799....' mon, Shad and Alewives, in the Rivers, Streams 
Additional j^^d Waters within the Counties of Lincoln and 

1800, March Cumberland, and for repealing all other Laws here- 
i,i8oo....Muf- tofore made for that Purpofe, fo far as refpeds 
exempted, ^"^^ their Operation in the faid Counties. 

^^Shee'*fJot°°* S R^ '^ emcled hy the Senate and Houfe of Reprefenta- 

River exempt- ' ' tives., in General Court ajfembled, and by the author- 

ed,witb excep- ity of the fame ^ That if any perfon or perfons fliall make, build, 
tions, June 14, qj- ere£l any mill-dam, wear, obftruftion or incumbrance, or 
pealed as toPe- ^^ ^"^ pcrfon or perfons interefted or concerned in any mlll- 
fumpfcotRiver, dam, wear, obftrudlion or incumbrance that is already made, 
June 13, 1 801. or fhall be hereafter made, fliall fufFer and continue the 
...Repealed as f^i^g \^^ acrofs, or Upon any river, ftream, bay, cove, pond 
Winflow, June ®'* water within the counties of Lincoln and Cumberland, in, 
23, i8oa. up or through which the faid Fifh called Salmon, Shad or 
Alewives or either of them, do or have been ufed and wont 
No mill-dam, to go and pafs in the ponds and lakes, annually, to caft their 

&c. to be with- fpawn, before the ereftion of fuch dam or obftruftion, with- 
out a panaofe- ^ ,. , ... r re • rr- n • 

•way for the ^^^ making and providing a lumcient paliage or iluice-way 
£fu. for faid Fiili to pafs up and down in their feafon of going 

up to fpawn, and of returning, fliall forfeit and pay as a fine, 
a funi not exceeding tnvo hundred dollars nor lefs than tiventyy 
and the faid dam or obllru^tion fliall be confldered and ad- 
judged to be a nuilance, and be abated as fuch. 

And whereas the prefervation of the fiflieries in faid coun- 
ties of Lincoln and Cumberland, are of great importance to 
the public, and the exiR:ence of the fame depend on fecuring 
proper pafTages or fluice-ways for the Filh to pafs by mill-dams 
and other obftru£lions : 

Sect. 2. Be it further enaSfed by the authority aforefaidy 
That no paflage or fluice-way fhall be deemed fufficient, 
Pa3a^e-way to Within the meaning and intent of this A£t, unlefs the fame 
be lufEcient. (hall be fo conftrufted and made as that any of the Fifh afore- 
faid can, and do a(ftually pafs through or over the fame with 
eafe and convenience, and unlefs fuch pafllige or fluice-way is at 
or fo near the paflage, rout or place in which fuch Fiih, prior 
to the erection of luch dams or obflrudlions, ufed to pafs, as 
that faid Filh do find fuch way. 

Sect. 3. Be it further enabled by the authority aforefaid. 
That fuch paflage or fluice-way fliall be opened and kept 
open, and the ftream below fuch dams or obftruiStions fliall 
be fo opened and kept open, and clear of flabs or other obftruc- 
Vtn^ ^IslH- '^'°"> ^s "°^ ^° impede the pafling of faid Fifli, from the firfl: 
way. ""^ day of May, to the fifth day of July, annually : And if any 

perfon or perfons, owning and improving, interefted or con- 
•erned in fuch mill-dam or any part thereof, or other ob- 

flirudion. 



LINCOLN & CUMB. FISHERY. March i, An.1798. 217 

ftru^lion, fliall negledl, refufe, omit or fail fo to open, and 
keep open, or caufe to be opened and kept open, fuch paffage 
or fluice-Avay, and the rtream below, as is in this A£t before pro- 
vided, he or they fhall forfeit and pay as a fine a fum not ex- 
ceedingj^r/^ dollarsy nor lefs than ten^ for each and every day ^^"^I'y' 
he or they fhall fo offend. 

Sect. 4. Be it further enaEled^ That if any perlon or per- 
fons fhall take or catch any Salmon, Shad or Alewives, in J'"^<^ f'^'" *sk-. 
any of the waters within the counties of Lincoln and Cumber- '"^ ^ ^ ^* 
land, between the twentieth day of April, and the fifth day 
of July, annually, at any other time than between fun-rife 
on Monday, and fun-rife on Saturday, in each week, he or 
they fo offending, fliall forfeit and pay as a fine for each and 
every Salmon fo taken, a fum not exceeding y^?^r dollars, nor 
lefs ths-n one dollar ; for each and every Shad, a fum not ex- 
ceeding two dollars, nor lefs than Jifty cents ; and for each and 
every Alewive, a fum not exceeding twenty cents, nor lefs than 
jive cents. 

Sect. 5. Be it further enaBed, That if any perfon or per- 
fons fhall fet any net or feine or other machine for the pur- Seines, &c, not 
pofe of catching or taking any of faid fifh, or fliall actually ^^ ^^ ^^^. ^y' 
take any of faid fifh thereby in any of the waters within the ^l^ 
faid counties of Lincoln and Cumberland, between the twenti- 
eth day of April and the fifth day of July annually, at any 
other time than between fun-rife on Monday and fun-rife on 
Saturday, he or they fo offending fhall pay as a fine, befide 
the fine aforefaid, for each fifh fo taken, a fum not exceed- 
ing ten dollars, nor lefs t\iZi\Jive. 

Sect. 6. Be it further enaBed, That if any perfon or per- 
fons fhall fifli with or ufe any net or feine or other machine 
in catching or attempting to catch any of faid' fifh, that fhall gj^g of feine 
reach or extend more than one-third of the way acrofs the &c. limited, 
ftreams or waters where the fame fhall be fo ufed or fet, at 
the time and place of ufing or fetting fuch net, feine or other 
machine, he or they for fo doing fhall pay as a fine a fum not 
exceeding twenty ddlars, nor lefs than^-y^. 

Sect. 7.. Be it further enaBed, That if any perfon or per- 
fons fhall fifh for or attempt to catch or take any of faid fifla, 
within four rods of any paffage or fluice-way at any time 
when the fame is or by law ought to be open, he or they fo 
offending fhall pay as a fine a fum not exceeding ten dollars. Penalty for en- 
nor lefs than jive, and the further fum or fine mentioned in f^^ J f"^'"^ •,[** 
the fourth fe^^ion of this A£l for each filh he or they may proper times." 
fo take. 

Sect. 8. Be it further enaBed, That no perfon or perfons 
fiiall take, catch or deflroy any of faid fifh, at any time be- when fifli muft 
tween the lafl day of Jidy and the firfl day of December an- not be taken. 

nually ; 
Vol. II. 2....D 



>2i8 LINCOLN & CUMB. FISHERY. March i, An. 1798. 

nually ; and if any perfon or perfons fliall fo offend, He or 
they fliall forfeit and pay as a tine a fum not exceeding ten 
dollars^ nor lefs than five.^ and the further fum or fine afore- 
mentioned in the fourth fe6lion of this Adt for each fifli he 
or they may fo take. * 

Sect. 9. Be it further enaBed, Tliat a paffage or fluice- 
way fufficient for the fafe, eafy and convenient pafling down 
of faid filh, both old and young, fliall be provided, opened 
Paffage-way to and kept opened, from the twentieth day of Augujl to the laft 
be opened in ^^^ ^f September annually, over or by fuch dam or obftruc- 
tion ; and if any perfon or perfons, making, erecting, intereft- 
ed or concerned in fuch dam, mills or other obftru£lion, fliall 
offend in this particular, he or they Ihall pay a fine for each 
and every day he or they Oiall fo offend, a fum not exceeding 
twenty dollars i nor lefs than j^-y^*. 

Sfxt. 10. Be it further enacledy That every town and plan- 
tation within the counties of Lincoln and Cumberland^ border- 
ing upon or adjoining any of the waters within faid counties, 
through, up, by, or into which the faid fifli or any of them, 
ufually pafs, or have previous to any obftru£lion been known 
to pafs, annually, to caft their fpawn, fhall at their annual 
Flfh-wardens meeting in March or Aprils in every year, choofe a number, 
to be chofen. j^Qt exceeding nine, nor lefs than five, of fuitable perfons for 
fifli-wardens, who fliall not be interefted or concerned in 
any mills or dams or other obftruction, and who fliall be 
freeholders, and lb fituated in fuch tov/n or plantation as to 
be bell able v/ith convenience to detect in the moft effectual 
manner any breaches of this A£l j and it fliall be the duty 
of the Selectmen of fuch town, and the Affeffors of fuch 
plantation, to affign to each fifli-warden fo chofen his ward or 
diftriiSt within the lame j and if any fuch town or plantation 
ihall neglect or refuie fo to choofe fuch fuitable perfons for 
fifli-wardens, fuch town or plantation fliall forfeit and pay a 
Selc(f1men to fine of tivo hundred dollars ; and the faid Selectmen, or the faid 
appoint when Affeffors, fhall forthwith appoint fuch fuitable perfons, being 
gka. ^' freeholders as aforef.iid, to be filh-Avardens, and aflign to each 

his ward or diftrict ; and fuch perfons {o chofen or appointed, 
fhall be under oath faithfully and impartially to difcharge the 
duties required of them by this Act, and fliall be notified and 
I'worn in the fame manner as other town officers are : And if 
any perfon fo chofen or appointed, being prefent, fliall negle<St 
or refufe to accept or to declare his acceptance orrefufal, or be- 
ing ablent, fliall neglect or refufe to accept fuch office, and to 
qualify himfelf accordingly v/ithin {^vtw days from the time he 
fliall receive notice of fucii choice, he or they (liall pay a fine for 
Penalty for t^ie uie of fuch town or plantation, not exceeding ten dollarsy 
non-accept- nor lefs than^-y*? ,- and the faid town or plantation, and in cafe 
ft'"^'^- of their neglc<^, the faid Selectmen or faid Affeffors fliall forth- 

with 



LINCOLN & CUMB. FISHERY. March i , An. 1798. 219 

with choofe or appoint fome other fuch fuitable perfon in his 
place, and fo on, as often as fuch ne^lecl or refafal Ihall happen : 
And if the fixid Selectmen or the iaid AfTelTors fliall neglect or 
refufe to do and perform the duties required of them by virtue 
of this A£l, each and every fuch Sele£tman or AlTeflbr fhall pay 
a fine not exceeding twenty dollar s^ nor lefs than ten^ for the ufe 
of fuch town or plantation, for every week they fball fo neglect: 
their duty after the firft day of May annually : Provided akuaysy ^^ovife. 
That no perfon fhall be obliged to ferve as fifh-warden more 
than one year in three. 

Sect. ii. Be it further enacledy That it fuall be the duty 
of every fuch fifla-warden to examine and infpeft his ward of Duty of a fifti- 
diftricl, and he fliail alfo have full authority to examine and in- '«^^^<^"^- 
fpedl: any other ward, difirrift or place ; and it fhall be his dety 
to give information of all breaches of this A6t that fhall come to 
his knowledge. And it fhall be the duty of all Grand Jury- 
men, and ail Jafkices of the^Peace within faid counties, of the 
Sheriffs and their Deputies, of all Coroners and Conftables with- 
in faid counties, to obferve and give information of all breaches 
of this Act that fhall come to his or their knowledge. 

Sect. 12. Be it further enaEledyT\)3X 2!^ ^v\^% incaiTcd by 
the breach of this Acl, fliall be recovered by prefentment of the ^i","^^"^ ^ 
Grand Jury, or by a£lion of debt, in the name of a fifli-warden y 
one moiety of which fliall enure to the ufe of the county, and 
the other moiety to the ufe of the informer or plaintiff, except- 
ing the fines before appropriated, which may be fued for by the 
Treaflircr of the town or plantation to which fuch fines enure 
where he is not perfonally interefted, and where he is by tlie 
County Treafurer. 

Sect. 13. Be it further enacted^ That no perfon fliall be de- 
barred from being admitted as a witnefs on any prefentment of Title to fine* 
the Grand Jury by reafon of his being entitled to any part of "°' '° "'^ 
faid fines. 

Sect. 14. Be it further enacledy That this A£l fliall ope- 
rate from and after the fifth day of July next, and not before ; 
and that from and after the faid fifth day of July noxt, ali laws 
heretofore made for the prefervation of faid fifli, fo far as re- 
fpefts the counties of Lincoln and Cumberland^ be, and hereby 
are repealed : Provided Jievcrthelefs, That all profecutions, ac- 
tions and proceffes now pending, or that maybe pending be- 
fore the fifth day of July next, ihall and may proceed to final 
judgment and execution^ in the fame manner as if this Act 
bad never paffed. 

[This Aa paffed March i, I798.][ 

All 



220 MILL RIVER FISHERY. March 2, An.1798. 

An ACT for the better Prefervation of the Fifli called 

Alewives, in Mill River, fo called, in Taunton, in 

the County of Brijlol, and for regulating the taking 

of faid Fifti in faid River. 

q nE it enabled by the Senate and Houfe of Reprefenta- 

•^ tiveSf in General Court ajfemhled, and by the author" 

ity of the fame. That from and after the paffing of this A61, the 

Selectmen of the faid town of Taunton, for the time being, fhall 

Seleflmen em- ^e, and they are hereby conftituted infpedlors of the faid Mill 

powered. Jliiier ; whofe duty it Ihall be within ten days after being 

chofen to their faid office of Sele6lmen, to take an oath for 

the faithful difcharge of their faid truft, as infpe6tors, before 

fome Juftice of the Peace for faid county of Briflol, or the 

Clerk of the faid town of Taunton, and alfo within the fame 

ten days, to poft up at fome publi^ places in faid town, near 

faid river, an advertil'ement under the hands of the major part 

of them, pointing out the time, manner and place, in which 

faid fith may be taken in faid river (provided that the time of 

taking faid filh Ihali not exceed three days in each week ;) 

And if any perfon Ihall pull down or deface fuch advertife^- 

ment, he or flie fiiall forfeit and pay the fum of otie dollar : 

And if any perfon fliall prefume to take any of faid fifli in 

faid river at any other time or place, or in any other manner, 

than thofe mentioned in faid advertifement, he or fhe fo of- 

Penaltyfor U-£gj^^jj^ fhall forfeit and pay for each offence, a fum not lefs 

legally taking , ° ? ,, , ' , j n 

the fifli. t"'^" '^"^ dollar, nor more than twenty dollars. 

Sect. 2. Be it further enaEled, That the inhabitants of 

faid town, at any town-meeting legally warned for that purpofe. 

Right of tak- may, in fuch manner as they Ihall think proper, fell the exclu- 

ing filh may iive right of taking faid filh in faid river under fuch regula- 

be fold. tions as they may judge neceffary : Provided always, That 

no one fale fhall be for more than one year, and that the 

puixhafers of faid right ihall not be allowed to fell faid fifh 

for more than twenty-five cents per hundred. 

Sect. "i,. Be it further enacied. That in any year when the 

faid inhabitants fhall fell the exclufive right of taking faid fifh 

Advertifement as aforefaid, the faid infpedlors fhall poft up their advertife- 

to be polled, ment as aforefaid, forbidding all perfons other than the faid 

purchafers or their agents, to take any of faid fifh, in faid 

river, at any time or place whatever ; and alfo forbidding the 

faid purchafers to take any of faid fifii, fave at the times and 

places, and in the manner mentioned in the conditions of fale. 

Sect. 4. Be it further enacied. That the faid infpeftors, 

or the major part of them, be, and they are hereby authorized 

Dams may be and empovvered, to open any dam, or the fluice of any mill or 

opened. other water-works erected or that may be eredted on or over 

the 



WORCESTER AQUEDUCT. March 2, An.iygS, 221 

the faid river, fo that there fhall be a pafTage-way of fuch width 
(not exceeding twelve feet,) and depth as fhall be fufficicnt for 
the paffing of faid fifh up faid river, at the expenfe of the 
owner or owners of fuqh dam or fluice : Provided fuch owner 
or owners fhall neglecl to open the fame when thereto requi- 
red by the faid infpecStors or the major part of them ; and the 
dam or fluice that may be fo opened, fhall continue open for 
fo long a time in the months of u^pril and May annually, as the 
faid infpedtors or the major part of them may judge necefTary ; 
and if any perfon or perfons fhall obfi:ru£t the pafTage-ways 
allowed or ordered by the faid infpeftors or the major part 
of them, in any dam or fluice-way, or fhall obftru6l the paf^ 
fage of faid filh in any other part of faid river, than flaall be 
permitted by the faid Selectmen, conformably to this Aft, fuch 
perfon or perfons fo offending, fliall forfeit and pay a fum not 
exceeding three hundred dollars^ nor lefs than ten dollars. 

Sect. 5. Be it further enaBedy That all penalties incurred 
by the breach of this Aft, may be fued for and recovered by Recovery of 
any of faid infpeftors in any Court in the county of Brijlol P^n^l"es. 
proper to try the fame ; and all fums fo recovered, fhall be 
one half to the ufe of the profecutor and the other half to 
the ufe of the faid town of Taunton : And in cafe any minor 
or minors fhall offend againft any part of this Aft, and there- 
by incur any of the penalties aforefaid, in all fuch cafes, the 
parents, mafters or guardians of fuch minor or minors, fhall 
be anfwerable therefor, in an aftion to be brought againfl: 
fuch parents, maflers or guardians as for his or their perfonal 
offence. 

Sect. 6. Be it further enaBedy That the feveral laws 
heretofore paffed, authorizing the Proprietors of the flitting- Farmer Uwt 
mills, flanding on the faid river, to ftop the water and make '^^^^^ ^ 
ufe of the fame, three days in each and every week during 
the months of April and May annually, be, and the fame are 
hereby repealed. 

[This Aft paffed March 2, 1798.] 

An ACT authorizing Daniel Goulding to condud Wa- 
ter in fubterraneous Pipes from a certain Spring in 
his own Land, within the Town of Worcejier, for 
the Accommodation of himielf and fome other In- 
habitants of the faid Town. 

e TiE it enacted by the Senate and Houfe of Reprefenta^ 

-*-' tivesy in General Court ajfembled, and by the author- 
ity of the fame y That Daniel Goulding, of JVorctfery in the coun- 
ty of Worcejlery and his heirs and afligns, be, and they are hereby 
authorized and empowered to fink, place, renew, alter and 

repair, 



422 FALMOUTH FISHERY. March 2, An. 1798. 

repair, from time to time, as may become necefTary, fiich pipes 
or conduits of water from the faid fpring, to fuch of the inhab- 
itants of the faid town as the fame may convene, for the purpofe 

authorized. *"^ ^^ fupplying them with water ; and the faid Goi//ding,7(nd his heirs 
or affigns are hereby authori;^ed to place the faid pipes in the 
land of fuch Proprietors as may, by fome proper inftrument in 
writing, grant him or them the privilege thereof, as -alfo on and 
under fuch public highways, roads or land as may become necef- 
fary for the purpofes aforefaid, and with the leaft inconvenience 

Frovifc. jQ j.j^^ public : Provided neverthelefsf That the Seleftmen of the 

faid town for the time being may, as they fliall judge it expedi- 
ent, for the purpofes of extinguilhing fire, or as a precaution, or 
a fecurity againft the calamitous effe(Sts thereof, and under fuclf 
regulations as they may think reafonable, from time to tiine, 
make and place condudiors to any part of the faid pipes or con- 
duits, for the purpofe of fupplying water when neceffary for the 
extinguifhment of fires as aforefaid. 

Sect. 2. And be it further enaSled^ Tliat if any perfon 
or perfons fhall deftroy, difplace, injure or remove faid water- 
works, or any part thereof, or ftop, divert, draw, difturb, or foil 
the water running to, through, or ifTuing from any part of faid 
water-works, without licenfe therefor, or fliall be guilty of any 
trefpafs thereon, he fhall be liable, on convi£lion thereof, in any 
Court of record proper to try the fame, on which trial this A6t 

Penalty for ini- may be given in evidence under the general iflue, to pay to the 

i«r»»g' party injured treble damages occafioned by fuch a trefpafs. 

Sect. 3. And he it further enaBedy That nothing in this A£l: 

Tr^elling: rot ^^ |^g confidered as an excufe for any unneceflary expofure, 
' damage, delay, difturbance or inconvenience to pafTengers, car- 
riages or cattle, paffing or re-paffing over any of faid highways 
or public land, but the fame fhall be confidered as a nuifance or 
trefpafs in the fame manner as if this A6t had never been made. 
[This Aa paired March 2, 1798.] 

An ACT to prevent the Deftruclion and to regulate 
the Catching of the Fifli called Alewives in the 
Rivers and Streams in the Town of Fahnoitth, in 
the County of Barnjiable, 

_ T)E it enaBed by the Senate and Hotife of Reprefenta- 

* • X) lives i in General Court ajfembled, and by the authority 

cfthefatney That the town of Falmouth fliall be, and hereby are 

empowered and directed, at their meeting for the choice of 

. town-ofHcers in March or April annually, to choofe five or more 

'c t«' bT*2pi perfons, being freeholders in the laid town, to fee that this Act 

poiDttd. be duly obferved ; and each perfon fo chofen fhall be fworn 

faithfully to difchargc the duties required of him by this Aft : 

And the faid Committee fliall meet together annually, on or 

before 



FALMOUTH FISHERY. March 2, An.1798. I23 

before the thirtieth day of March, at fuch place as they or a 
majority of them fhall appoint ; and the major part of the Com- 
mittee prefent at fuch meeting, being not lefs than tliree in 
number, are hereby authorized and empowered to order the 
times when, (which ihall not exceed three days in a week,) the "^^"^ ^^^1' 
places where, and the manner in which faid fiih may be taken ; 
and fhall notify the inhabitants thereof by polling up notilica- 
tions in feveral public places in the faid town of Falmouth, within 
ten days after their being chofcn as aforefaid ; and the faid Com- 
mittee or the major part of them are hereby fully authorized and 
empowered to caufe the natural courfe of the ftreams through 
which the faid fifli pais to be kept open and without obftruc- 
tion, to remove any fuch as may be found therein, and fliall have 
authority for thofe purpofes to go on the land or meadow of any 
peribn through which fuch ftreams run, without being conilder- 
ed as trefpaflers , and Ihall open or caufe to be opened any 
fluice-way through any dam now erefted, or that may be here- 
after erected on or over any of the faid rivers or ftreams, (be- 
tween the ponds where faid fiih ufually caft their fpawns and the 
fea,) at the expenfe of the faid town of Falmouth : Provided^ 
the owner or owners of any fuch dam fhall negledt to open the 
fame when thereto required by the faid Committee : And the 
dam or fluice fo opened flaall continue open in every year to fuch 
depth and width as flaull be neceliary for a palTage-way for faid 
fifh j and for fuch term of time, between the firfl: day of April 
and the tenth day of June, as the major part of the faid Com- 
mittee fhall judge neceffiiry ; and if any perfon or perfons fhall 
moleft or hinder the faid Committee or either of them in the 
execution of his or their faid office, or fhall obflruft the pafTage- 
ways or lluice-ways allowed or ordered by the faid Committee, 
or the major part of them, each perfon fo offending fhall, on 
conviction before any Juflice of the Peace for the county of '^^'j*'^'' ^""" 
Barnjlable, pay a fine for every fuch offence, not exceeding ten "j"!^^^ '"^ 
dollars, nor lefs than three dollars. 

Sect. 2. Atid he it further enacted by the authority aforefaid^ 
That if any perfon or perfons fliall take any of the faid fiih, in 
the rivers, ftreams or ponds aforefiid, at any time, in any place, 
or in any manner other than fhall be allowed by the faid Com- 
mittee as aforefaid, each perfon fo offending for each and every 
fuch offence fhall, on convi6lion thereof, pay a fine not exceed- 
ing three dollars, nor lefs than 07ie dollar, if the quantity of fifh lb — for dilbbcjr- 
taken is lefs than one barrel, but if the quantity fo taken fliall be »»gCommittec 
one barrel or more, fuch perfon or perfons fo offending fliall for- 
feit and pay for each and every barrel of fifh fo taken, the funi 
of three dollars. 

Sect. 3. And be it further ena5led, That if the Committee 
aforefaid, or either of them, fhall detedl any perfon or perfons 
In taking any of the faid fifh, at any time, in any place, or in 

any 



Sect. i. 



224 WATERTOWN, &c. FISHERY. March 2, An.1798, 

any manner otherwife than Is allowed by the faid Committee, 

or fliall find fuch fifh with fuch perfon or perfons, fuch perfon 

or perfons fhall be deemed to have taken the faid fifh unlaw- 

prove"' how ^"^^^^ ^"^ ^'^^^ ^^ fubjea to the penalties of this ACt according- 

thcy obtained ly > unlefs fuch perfon or perfons can make it appear, on trial, 

filh. that they came by the faid fifh in fome other way. 

Sect. 4. And be it further enaEled^ That all the forfeitures 

f/finef'^''"" incurred by virtue of this Aa fliall be to the ufe of the faid 

town of Falmouth^ to be recovered by an action on the cafe in 

any Court proper to try the fame, to be brought by the Treaf- 

urer thereof. 

[This Ad paiTed March 2, 1798.] 



An ACT authorizing the Inhabitants of the Towns 
of Waiertown, We/ion and Waltbam, in the County 
of Middle/ex, to regulate the taking of the Fifh called 
Shad and Alewives, within the Limits of the faid 
Towns. 

JDE it enaEfed by the Senate and Houfe of Reprefenta- 
tives, in General Court ajfembled, and by the author- 
ity of the fame^ That from and after the ninth day of February^ 
which will be in the year of our Lord feventeen hundred and 
Authorized to ninety-nine, it fhall be lawful for the inhabitants of the towns 
felltheright of aforefaid, to fell the right, and regulate the times, places and 
fifliing in thofe manner of taking the laid fifli, within the limits of faid towns, 
owns. ^^^ exceeding in point of time three days in each Aveek ; and 

the inhabitants of faid towns refpetSlively, at their annual meet- 
ing in March) are hereby authorized and empowered to appoint 
^ ay appoint gggiij-s^ whofe duty it fhall be to carry into execution the pur- 
pofes of this A£l. 

Sect. 2. B^e it further enaEied by the authority aforefaid^ That 

The different there fhall be a meeting of the agents of faid towns, holden 

agents to meet, annually on the laft Monday in March, at two of the clock in 

the afternoon, at the public houfe in faid Watertoivn, which 

may be fituated the neareft the bridge in the fame town, over 

Charles River ; at which meeting the agents fo chofen may 

agree on the place of holding and the manner of calling any 

•o r r . intermediate meeting ; may choofe a Clerk, whofe duty it fhall 

done. ^^ to record in a book to be kept for that purpofe, all votes, 

regulations and orders which may be pafled by faid agents, or 

the major part of them, during the period for which they are 

chofen, and at the end of faid period, it fhall be the duty of faid 

Clerk to transfer faid book to the perfon who may be chofen 

to fucceed him in faid office. 

Sect. 3. Be it further enaEied by the authority aforefaid y That 
the agents aforefaid, at any meeting eflabliflied by this A(5l, or 

called 



CLARKSBURG. M^rr,6 2, An. 1798. 225 

called purfuant to any agreement of faid agents, may, in behalf 
of laid towns, and for their ufi? and benefit, IcU the right and „. 
reiTuIate the tunes, piaces and manner ot taking- laid iilxi withm „^^y f^jj tj^g 
the towns aforef-'id, not exceeding- the time aforeiaid, and the right to fifli in 
proceeds of the lale of faid right ihall. from time to time, be ^^''^ towns, 
divided between faid towns, according to the fmrxs which they . . 

fliall refpeftlvely pay tOY'ards the maintenance of the bridge in ^ 

faid WatertoiuTiy over Charles River ■; and the faid agents iliall 
forthwith, after eitabliihing fuch rules and regulations, and de- 
termining by whom laid iilh. may be taken, canie a copy thereof R^o-ulations 
under their hands, to be poftcd in lome public place in each of &c. to be poft* 
faid towns ; and if any perfon or perfons, other than thofe to ^'^• 
whom faid right lliall be fold as aforefaid, fhall take any filli of 
the defcription aforefaid, within the towns aforefi id j or if any 
perfon to whom faid right fhall be fold as aforefaid, fliall take 
any of faid fifh at any other time, in any other place, or in any 
other manner than Ihall be expreffed in the conditions of the 
{ale to him, fuch perfon fo offending fliall forfeit and pay treble "? IJ , , 
the value of fuch fiih fo taken, to be recovered in an adlion on 
the cafe, to the ufe of any perfon who may fue for the fame. 

Sect. 4. Be ii further enabled by the anthoriiy aforefaid^ That 
if the agents of either of the towns aforefaid, fliall neglect to 
attend at any meeting called as aforeiaid or appointed by this 
AcSt, the votes palfed, and the orders and regulations eftablifhed I^'ecting^ to be 
by the major part of the agents who Ihall attend faid meeting, fjl^^^^ ^a'^ents 
fliall be as binding on fiiid towns, and as good and valid to all uiay not at- 
intents and purpofes, as they would be were the whole of faid tend, 
agents prefent at fiiid meeting : And in deciding any qUeftion 
which may come before faid agents, in executing the duty af- 
ligned them by this A<Sl, one vote only fliall be allowed to each 
town. 

[This Aa palTed March 2, 1708.] 

An ACT to incorporate a Gore of Land lying North 
of Adams^ in the County of Berkfoire^ into a Town 
by the Name of Clarkfiurg. 

c T^^ ^^ enabled hy the Senate and Houfe of Reprefsnta- 

fives f in General Court ajjemb/ed, and by the author- 
iiy ofthefame^ That the traft of land hereafter defcribed, viz. 
Beginning at the north-eafh corner of WUIiamftoivny and thence Boundaries* 
running eaft on the line between this Commonwealth and the 
State of Venftonty feven miiles ; thence fouth to the line of Ber- 
nardjlon Grants about two miles and an half; thence weft on 
faid line to the eafl: line oi Adams ,• thence north on faid line to 
the north-eaft corner of Adams ; thence on the north line of 
Adams to the eaft line of Williamjlaivn ; thence on faid line qprth 

to 
Vol. II. 2....E 



Sect. 



226 NEPONSET RIVER, SvC. MILLS. March ^.^hn.iyc^^. 

to the firft mentioned bound, with the inhabitants thereon, be, 
and they are hereby incorporated into a town by the name of 
ClarhJJyurgi and vefted with all the powers, privileges and im- 
munities which towns in this Commonwealth do or may enjoy 
by the Conftitution or laws of the fame. 

Sect. 2. And be it further enacledj That Ifrael Jones, Efq. 
be, and he is hereby authorized and empowered to iffue his 
irft mectin'*^. warrant to fome principal inhabitant of the fald town of Cinrkf- 
hurg, requiring him to notify and warn the inhabitants thereof 
to meet at fome convenient time and place in faid town, to 
choofe all fuch officers as towns are by law required to choofe, 
in the month of March or April annually. 

[This Ac1; paffed March 2, 1798.] 

An ACT to incorporate the Proprietors of Mills on 
Mill-Creek in Dedham, and Neponfet River in Dor- 
chejier and Milton. 

pE it enacled by the Senate and Houfc of Reprefenta- 
■*-' lives, in General Court ajfembled, and by the author- 
ity of the fame. That Jofiph Whiting, Mofes Whiting, Jofeph 
Perfons mzox- T-eiois, Jonathan Avery, Jofeph Whiting, ]nr\. Hugh McLean, J. 
poraced. Smith Boies, Michael McCarney, Sinnuel Leeds, Daniel Vcfe, Wil- 

liam Sumner, John Prefloii, Benjamin Peirce, and Jofljua Wither- 
le, together with fuch other Proprietors of one or more mills 
on either of faid flreams as are or may hereafter become 
members of the Corporation, lliall be, and hereby are con- 
ilituted a Body Politic and Corporate by the name of The 
Proprietors of Mills on Mill-Creek and Neponfet River, and by 
that name may fue and be lued, and have and enjoy all the 
rights and immunities which are by law incident to Bodies 
Politic and Corporate. 

Sect. 2. Be it further enaRed, That the faid Corporation 

— may hold may purchafe, acquire and hold any perfonal eftate, the an- 

pcrfonal prop- j^yj^i income whereof (liall not exceed one hundred dollars ; and 

^* Ihall have power at any leijjal meeting to allefs and collect fuch 

fums of money from the Proprietors of faid Mills, and to pur- 

fue fuch lawful meafures as may be deemed ncceflary for pro- 

te<illng, defending or recovering their common rights. 

Sect. 3. Be it further enaEled, That any Juftice of the 
How to cull Peace in the county of Norfolh fliall have power, on application 
aneeungb. from any three of the Proprietors aforeiaid, to iffue his war- 

rant to any one of them, requiring liin:i to notify and warn a 
meeting of faid Proprietors, at inch time and place as he fliall 
judge moft convenient, and for the purpofes to be expreffed 
in laid warrant, by polling up copies of faid warrant, with the 
notification thereon, in fome public places in the towns oi Ded- 

kam. 



MILTON ACADEMY. M^rJj 3, An. 1798. 227 

ham^ Dorchejiey; and Milton^ and by publifliing the fame in the 
Majpichufetts Mercury^ fourteen days before the time for hold- 
ing laid meeting. And at fuch meeting the Proprietors afore- 
faid may, by a vote of the majority of thofe prefent, choofe a 
Moderator and Clerk, who fhall be fworn to the faithful dif- ^jj'^rk to be 
charge of their duty, and agree upon a method of calHng fu- 
ture meetings ; and it Ihall be the duty of faid Clerk to keep 
a fair record of all the votes and tranfadlions of faid Corpora- 
tion in one or m.ore books, which Ihall always be kept open to 
the infpeclion of the Leglflature of this Commomvealth, or any 
Committee by them appointed for that purpole. 
[This Ac^ paired March 3, 1798.] 

An ACT for eftablifhing an Academy in tlie Town 
of Milton^ by the Name of Milton Academy, 

WHEREAS Ediuard H. Robbtns and Others have fub- 
fcribed threee thciifand dollars for the purpofe of eredl- Preambls. 
ing and fupporting an Academy in the town of Milton^ in the 
county of Norfolk, and it appears that the faid town is a fuit- 
abie place for fuch an inftitutlon : 

Sect, i . Be it therefore c?mBcd by the Senate and Hoitfe ofRepre- 
fentativeSf in General Court ajfembled, and by the authority of the fame y 
That there be and hereby is eftablilhed in the town of Milton^ 
in the county of Norfolk, an Academy by the name of Milton 
Academy, for the purpofe of promoting piety, religion and . 
morality, and for the education of youth in fuch languages, 
and in fuch of the liberal arts and fciences, as the Trufcees of 
the faid Academy fliall direct, and that FifJjer Ames, U^illiam Perfons incor- 
Afpinwall, Samuel Bnfs-, Efq'rs. The Rev. Nathanael Emmons, F'^rated. 
Rev. Thaddeus Mafon Hatrts, Rev. Zachariah Howard, Rey. 
Jofeph M'Kean, Rev. George Morey, the Rev. EllphaUt Porter, 
and the Rev. Thomas Thatcher, the Hon. Stephen Metcalf John 
Read, Ediuard H. Robbins and Ebenezer Thayer, Efquires, be, 
and hereby are incorporated into a Body Politic, by the name 
of The Triifeis of Milton Academy, and that they and their fuc- 
ceflbrs fliall be and continue a Body Politic and Corporate by 
the fame name forever. 

Sect. 2. Be it further enaRed, That all the monies, lands __ ^ 
or other property and things already given, or which fhall be ^^atc. 
hereafter given, granted, deviled, bequeathed, transferred or 
affigned to the faid Truftees, for the purpofe aforefaid, lliall 
be confirmed to the faid Truftees and their lucceffors in that 
truft, forever : And that the faid Truftees may have and hold 
in fee funple, by gift, grant, devile, bequeft or otherwife, any 
lands, tenements, hereditaments or otlier eilate real or perfon- 
al : Provided the annual income thereof Hiall not exceed the' 
fum of five thoufand dollars -, and may fell and difpofc of the 

fame. 



228 MILTON ACADEMY. March 3, An. 1 79 8. 

fame, and apply the rents and profits thereof in fuch rriiinner 
as that the end and defign of the faid inftitution may be pro- 
moted. 

Sect. 3. Be it further crk?^ed^ Th-at the faid Triidees flT?li 

^vei^l '° ^^>^^ve power, from time to time, to elesSl fuch officers of the 
faid Academy as they ihall judge neceflary', and to fix the ten- 
ures of their refpeclive offices j to remove any Truftee from 
the Corporation, when in tlieir opinion he fhall be incapable, 
by reafon of age or otherv/ife, of difcharging the duties of his 
office ; to fill all vacancies iu the faid Corporation, by electing- 
fuch perfons for Truftees as they fliall think fuitable ; to de-^ 
termine the times and places of their meetings, the manner of 
notifying the Truftees, and the method of elcfting and remov- 
ing Truftees •, to prefcribe the power and duties of their fev- 
eral officers ; to eledl preceptors and teachers of the faid Acad.-' 
^. emy, and to determine their powers and duties, and fix the- 

"•' tenures of their offices, and to make and ordain reafonable 

rules, orders and by-laws, not repugnant to the laws of this 
Commonwealth, with reafonable penalties for the good gov- 
ernment of the faid Academy. 

Sect. 4. Be It -furiber enacJed, That the faid Truftees may 

To ufe a fcal. have one common feal, which they may at pleafure break, alter 
and renew ; and that all deeds ligned and fealed with their feal, 
delivered and acknowledged by the Treafurer or Secretary of 
faid Corporation, by «rder of the faid Truftees, fhall be good 

May fue, &c. and valid in law ; and that the faid Truftees may fue and be 

fued, in all actions, real, perlbnal ?.v\a mixed, and profecute or 

defend the lame to final judgment and execution, by the name 

of The Triijlces of Milton Academy. 

Sect. 5. Be h further c?iaded, That the number of the 

^, , rfaid Truftees fhall not, at one time, be more than fifteen, 

xxumbcr ot . 

Truflecf. ^or lefs than nine ; five of whom fhall conltitute a quorum 

to do bufinefs 5 and that a majority of faid Truftees fliall con- 

fift of men who are not inhabitants of the faid town oi Milton. 

Sect. 6. Be it further eimSied^ That there be, and hereby 

Townfliip is granted to the faid Truftees and their fucceiTors forever, for 

granted. jj^g ^^f^ of j-j^g j^jj J Academy, one half a townlhip of fix miles 

fquare, of the unappropriated lands belonging to this Coni- 

iTionwealth, in the Uijlricl of Maine^ excepting the ten town- 

ftiips on Pemhfcot River, to be laid out and affigned by the 

Committee for the fale of eaftern lands, luider the reftriclions 

and refervations made in fimilar grants. 

Sect. 7. And be it foiher etiafled-, That the Hon. Seth 
Firfl meeting'. Bnllnrd, Efq.be, and hereby is authorized to fix the time and 
place for holding the firfl: meeting of faid Trufteesj and to no- 
tify them thereof. 

[This Acl paflcd March 3, 1798.] 

An 



CHARLTON CONG. SOCIETY. March i.kn.ijc^^. 229 

An ACT for incorporating Jfrael Waters, and others. 
Inhabitants of the Town of Charlwi, into a Relig- 
ious Society, by the Name of The Proprietors </ ^'/-'^ AdditionaiAft^ 
New Congregational Centre Meeting-Hcufe in Charlton, June 1.6. i8ci. 
and for repealing two Acts heretofore made for 
incorporating the Congregational Church in livid 
Town. 



Sect, i 



T>E it enaBed hj the Senate and Hoiife of Reprefenta- 
■'-' tivesy in General Court a/Jeinhledy and by the author'- 



ity of the fame. That Ifrael Waters, Salem Toivn, John Spurr, -ptx^om ia^ 
Jonas Ward, Jonathan Dennis, Ebenczer H. Phillips, Samuel corporaccd. 
Dunbar, J^mnfa Davis, John White, Jonathan Pratt, Elijah 
Ward, Thomas FoJket, Afa Drefer, Tam'fon Tucker, Thomas Far~ 
num, Ifaac Williams, William Weld, Scujiuel Stetfon, Purvey Co- 
nant, William P. Rider, Joftah Town, jun. Alpheus Coburn, 
Thomas Ediuard, Levi Gates, Ehenezer Stone, Sibley Barton, 
Amos Gould, Jonathan Winfow, Befijamin Douty, tree Comings, 
David Rich, John Alldis Haven, Artemas Ward, Daniel WiU 
Hams, 2d. Reuben Comins, jun. Paid Rich, Ezra Mixer, Timothy 
M.orfe, Daniel Williams, James Comins, John Coburn, jun. Eben-^ 
gzer White, Jabcz Willes, Mofes Hammond, Natha?i Alcln tire, jun. 
Lemuel Alarcey, Daniel Needham, Alpheus Williams, Simon Ward, 
Clement Coburn, Simeon Waters, Walter Merrit, Peter Stevens, 
John Edivar els, Stephen demons, Samuel Lamb, {en. David Ba- 
con, Barnabas Comins, S/impfn Stone, Joel Parker, Edmund Eddy, 
William Needham, Jofph Blood, and Caleb Pitts, be, and they 
are hereby incorporated into a Reb'gious Society, by the name 

of The Proprietors of the New Cong-rep;ational Centre Afeetinp-Houfe *-*"■?*"■''* 
. •^ 00 o y name. 

in Charlton, and that they and their fuccefibrs, and fuch other 

perfons as fhall be legally admitted by them, fliall be and 

continue a Body Politic and Corporate by that name forever. 

Sect. 2. Be it further enacted. That the membsrs of faid 
Proprietary iliall have power tO choole annually, a Treafurer, Qfj^j-gj., to he 
Clerk, AlTefibrs, Colleclors, and fuch other officers as fliall be chofen. 
neceffary to tranilx<St the buiinefs thereof; and the faid Proprie- 
tors, by the name aforelaid, may fue and be fued, profecHte and May fue, &c*^ 
defend fiuts to final judgment aiid execution. 

Sect. 3. Be it further enacted. That the fai4 Proprietors 
Ihall have power to make by-laws for governing the bufmefs May niak* 
and property of faid Proprietary, not repugnant to the laws ^^"""^^ 
and Conftitution of this Commonwealth. 

Sect. 4. Be it further enaBed, That faid Proprietors, at 
any regular meeting called for that purpofc, may, by a major 
vote of the Proprietors, voting by fiiares, (no Ihare having 
more than one vote) raife fuch fum of money as they Ihall Raife money, 
judge neceiTary for the maintenance of public worlhip and 

other 



230 RAYNHAM FUNDS. M^r^/^3, An.1798. 

other exigencies ; and may aflefs the fame on tho real and 

perfonal eftate of the Proprietors, according to the vahiation 

by which the town and State taxes are alTeffed, next preceding 

' fuch affeiTment, and each Proprietor holding more than one 

lliare fhall be afTefled to the full amount of his eflate, real and 

perfonal for each fliare ; and if any Proprietor lliall negledl:, 

for the fpace of fixty days beyond the time appointed for the 

Delinquent P^Y^^g ^"ch affelTment, he fliall forfeit his Ihare or fliares, right 

fhares may be or rights, fo neglected, to be difpofed of according to the laws 

fold. Qf f^jj Proprietors, and at the plealure of the fame. 

Sect. 5. Be it further cnncledy That the faid Proprietors 
f^'°f fliall have power to difpofe of the pews among the members 

of the Proprietary, and others, in fuch way and manner as they 
fhall deem beft. 

Sect. 6. Be it further enaSled, That no perfon fliall retain 
One fliarc only more than one fhare, if a fufficient number of perfons appear 
to be holdcn. ^^j^^ ^^|j ^j^^ ^^ become members ; and the Ihares in the 
Proprietary may be conveyed by deed or devife. 

Sect. 7. Be it further ctmiiedy That all legal contradls 
Contrafts. inade by laid Proprietors ref.^ecllng the fupport of their min- 
ifter and building a meeting-noule, fliall, in their operation, 
include not only rhe perfons who contracted, but alfo all per- 
fons who hereafter fliall become members of faid Proprietary. 
Sect. 8. Be it further enaEled^ That ^alern Town., Eiq. be, 
and he hereby is authorized and requefted to iflhe his warrant, 
diredled to fome principal member of faid Proprietary, author- 
Firft meeting, izing and requiring him to notify the members thereof to meet 
at fuch time and place as fiiali be therein fet forth, to choofe all 
fuch officers as are necelfary for traiifaiting the bulinefs of 
faid Proprietary, and to tranfacft all fuch matters and things as 
may be ueceflary and legally done therein. 

Sect. 9. Be it further enaciedy That an AcV pafled the 
twenty-lixth day of OBobery in the year of our Lord one thou- 
fand feven hundred and eighty-four, entitled, " An Act for in- 
corporating the Congregational Church in the town of Charl- 
touy with certain other inhabitants of the faid town, into a dif- 
tincl parifli," and one other Act in addition thereto, palled in 
Former Ads the year of our Lord one thoufand {&\Qn hundred and eighty- 
repealed. ;[]x, be and hereby are repealed. 

[Phis A£t paired March 3, 1798.] 

An ACT to incorporate certain Perfons as Truftees 

of the Funds raifed by Subfcription for the Support 

of Religion, Piety and Morality, in the Town of 

Raynhaniy in the County of BriJtoL 

c , jyE it enoFied by the Senate and Houfe of Reprefcnta- 

•*~^ tivrs, in General Court ajfembledy and by the author^ 

ity 



RAYNHAM FUNDS. March 3, An.1798. 231 

ity of the fame, That Alafon S.bazv, Zephaniah Leonard, Jofiah p r , • 
Dean, Abiel Wiiiiams, Oliver Wcfhburne, Gamaliel Leonard, poratcd. 
Jonathan Shaiu, Abraham Hatba%vay, and Stephen Dean, be, and 
they are hereby appointed Truftees to manage fuch funds as 
are or fhall be raifed and appropriated to the ufes aforefaid, in 
and for the town aforefaid ; and for that purpofe they are here- 
by incorporated into a Body Politic, by the name of The Trujlees Corporate 
of the Funds appropriated to the Support of Religion, Piety and name. 
Morality, in the Town of Raynham, and they and their fuccelTors 
in faid office are hereby vefted with full power to receive into 
their hands all fubfcriptions, donations, I'ecurities for real or jviav holi 
perfonal eftate, and monies already fubfcribed, given or raifed, property. 
or which may hereafter be fubfcribed, given or raifed for that 
purpofe, and to put the fame to ufe or intereft for the purpofe 
aforefaid : Provided, That the fame fund Ihall never exceed the 
fum of feven thotfatid dollars ; to choofe a Treafurer and Clerk Ofikers. 
of faid Corporation ; to fue and be fued, and to have, ufe and May fue, &c. 
exercife all necefTary powers in profecuting or defending any 
aftion to which they may be a party. 

Sect. 2. Be it further ejiaEled, That whenever any vacancy 
happens amongft the faid Truftees, either by death, refignation 
or removal, the faid town of Raynham^ at any town-meeting 
legally Avarned for that purpofe, fiiall fill up i'aid vacancy within Vacancies to 
three months after it ftiall happen ; and if the faid town neg- ^^ ^^^^' 
le6t fo to do within that time, then the faid Truftees, by a 
major vote, fhall have power to fill up fuch vacancy. 

Sect. 3. Be it further enaBed, That the proceeds of fuch 
fund, whether it be intereft or rent, ftiall be appropriated and yr- •« , 
applied to the fupport of a public teacher of religion, piety and fupported. 
morality, who ftiall preach in the meeting-houfe near the centre 
of the faid town : Provided always. That no application fhall be 
made of fuch proceeds until they ftiall amount to tivo hundred 
dollars annually. 

Sect. 4. Be it further enabled. That the faid town ftiall 
have full power, from time to time, to call faid Truftees to an 
account for their condudi in managing faid fund ; and the eftate 
of each Truftee fhall be liable to be taken in execution on any '^^"^^^* *° ^^ 
judgment againft fuch Truftees, recovered by the faid town, 
which is hereby authorized to comm.ence and profecute an 
a«Stion againft laid Truftees, or any of them, for any embezzle- 
ment or negleft of refunding monies in their hands ; and the 
debt or damage recovered by the faid town in any fuch judg- 
ment, ftiall be to and for the ufe aforefaid. 

Sect. 5. Be it further enaEled, That if judgment ftiall be 
recovered againft the faid Truftees, or any of them, for embez- Truftee who 
zlement or neglecl as aforefaid, fuch Truftee or Truftees ftiall embezzles to 
by that fadt vacate his or their faid oftice, and the vacancy ftiall ^"^ removed. 
be filled up in the manner before provided 

[This Act pafl^ed March 3, 1798.] 

An 



$3^ NEPONSET R. MEADOWS. M^rr/j 3, An. 1798. 

An ACT to incorporate certain Proprietors of Mead* 
ow Lands lying on each Side of Neponfet River, in 
the Towns of Dedham^ Milion and Canton^ and fof 
drawing off the ftagnant Waters, and for the bet*' 
ter improving faid Meadow Lands. 
„ ^ ryE it cr.aBcd by the Settatc and Honfe cf Reprefenta- 

■^ tivesy in Gefiei'al Coitrt ajfetnbled^ and by the author' 
ity of the fame, That from and after the paffmg this Act, all the 
Proprietors of certain meadow lands lyiiig on each fide of A^^"- 
ponjtt River, in the towns of Dedham, Milton and Canton, in 
the county of No folk, included between two parallel lines croll^ 
ing faid river and meadow lands^ the upper line being in the 
fame direction, and coinciding with the diviflonal line between 
Canton and Sharon, and the other line crolllng faid river and 
meadows at Paul's Bridge, fo called, be, and hereby are incor- 
Corporate porated into a Body Politic, by the name of The Proprietors of 
name. the Neponfet 'River Jlleidows, and by that name may fue and be 

May fue, &c. fucd, and do and fiiffer fuch afts and things as Bodies Corpo- 
Provifo. ^"^^^ ^'^y ^^ ought to do or fiiffer : Provided hoiuever. That this 

Act fliail not include in this incorporation the following defcrip- 
tion of meadow lands lying between faid parallel lines, to wit, 
" the meadow lands owned by is lijah Dunbar, Efq, and others 
Proprietors of a Common Field in Canton, thofe belonging to 
tlie lieirs of Nathaniel Fifier, to Henry Baily, Ifaac Billings 
Roger Billing, Nathaniel Sheppard, Jonathan Billing, John Taunt, 
Henry Crane, Ifrael Bailey, E'z.ehiel Pifher, WiUiani Crane, hem" 
ud !• flier, alio the meadow lands belonging to the heirs of Docl. 
John Sprague, alfo all meadow lands belonging to any inhab- 
itant of the town of Milton, alfo the Conimon Field in Purga- 
tory Meadow, fo called, and alfo all meadow lands lying north 
of a line drawn from and in the fame direftion caflerly with the 
fouth line of faid Common Field laft mentioned, to the upland : 
Provided neverthelefs. That it may be lawful for any of the 
meadow lands aforefaid to be included in faid incorporation, 
whenever the owner or owners flxall become Proprietors of faid 
incorporation, upon fuch terms and in fuch manner as faid Pro- 
prietors {liall hereafter eftablifh. 

Sect. 2. Be it further enaBed, That upon application of ten 
or more of faid Proprietors, made in writing to any Juftice of 
the Peace for faid county of Norfolk, faid Juftice is hereby au- 
AJiifticetoan- thorized and empowered to ilTue his warrant, directed to one of 
thorizeameet- {-^"n^ Proprietors, to notify and warn a meeting of faid Proprie- 
*""■ tors, at fuch time and place and for fuch purpoles as fliall be 

expreffed in faid warrant, which warrant and notification there- 
on fhall be publiflied in one of the Bo/Ion news-papers, and fhall 
aUo be pofted up in fome public place in eacli of the towns of 

Dedham 



HARTFORD. >;2f 13, An.i^gS. 233 

Dedham and Canton, each publication aforefaid to be at Icaft 
fourteen days before the time of meeting. 

Sect. 3. Be itfurthet- enacted. That faid Proprietors, at any 
legal meeting, may agree upon the mode of calling future meet- 
ings, and Ihall have power and authority to vote, affefs, colie£l 
and appropriate monies for the purpofe of draining and im- 
proving faid meadow lands, and may alfo choofe a Cleric, 
Treafurer, AflefTors and Collectors, who fhall be fworn to the 
faithful difcharge of their duty, and fliall continue in office 
until others fliall be chofen and fworn in their ftead \ which 
oiBcers, when fworn as aforefaid, may exercife the fame power 
and authority in performing the duties of their appointment as 
tov/n officers of the like defcription. 

[This Adt pafTed March 3, 1798.] 

An ACT to incorporate the Plantation called Eajl- 
Butterfield, in the County of Cianberland, into a 
Town by the Name of Hartford. 

q D-£ ii enaBed hy the Senate and Houfe of Reprefenia- 

■*-' fives, in General Court ajfnibled, and by the author^ 
ity of the fame. That the plantation of Eaf-Butterfield, in the 
county of Cumberland, bounded as follows, viz. Beginning at 
the north-eaft corner of Buchfeld, thence running north, twen- ^°'*n<^*'''c» 
ty-fix degrees eaft, two miles and three hundred rods, to the 
north-weft corner of Turner ; thence north, three miles and 
two hundred and iixty rods ; thence north, eighty-one de- 
grees weft, four miles and one hundred and fixty rods ; 
thence north, fixty-five degrees weft, one mile and two hun- 
dred and twenty-eight rods, to the middle of the eaft branch 
of Twenty-Mile River, fo called ; thence down the middle of 
faid river to the north line of Buchfeld ; thence fouth, eighty- 
one degrees eaft, tliree miles and two hundred and fixty-fix 
rods, adjoining Buchfeld, to the firft bound, with the inhabit- . 
ants thereon, be, and they hereby are incorporated into a 
town by the name of Hartford ; and the faid town is hereby 
vefted with all the powers, privileges and immunities which, 
other towns in this Commonwealth do or may by law enjoy. 

Sect. 2. Be it further enacled. That Ifaac Sturdivant, Efq. 
h^, and he hereby is empowered to iffue his warrant, direfled 
to fome fuitable inhabitant within faid town, requiring him to 
warn a meeting of the inhabitants thereof, at fuch time and ^' '""''"S* 
place as fhall be exprefTed in faid warrant, for the purpofe of 
choofing fuch town officers us other towns arc empowered to 
choofe in the month of Ma-ch or April annually. 
[This Aft pafTed June 13, 1798.] 

An 

Vol. II. 2....F 



234 SPRINGFIELD AQUEDUCT. >«<? 14, An.1798, 



Boundaries. 



Sect. i. 



Firft meeting. 



An ACT to incorporate the Plantation called Wcj^" 
Butterjield, in the County of Cumberland, into a 
Town by the Name of Sumner. 

T)E it enallcd by the Senate and Houfe of Rcprcfenta-^ 
■^ tivesy in General Court ajenibled, and by the author- 
ity of the fame^ Tb^t the plantation of WeJI-Butterfeld, in tho 
countv of Cumber land^honnAed. as follows, viz. Beginning at the 
north-weft corner of Buclfield^ on Paris line ; thence running 
north thirteen degrees weft, four miles and one hundred and 
eighty-four rods ; thence north one mile and two hundred and 
twenty rods ; thence north eighty degrees eaft, four nslles and 
forty rods ; thence fouth fixty-five degrees eaft, two hundred 
and twelve rods, to the middle of the eaft branch of Tiventy- 
Aliles River; thence down the middle of laid river, until it 
comes to ^uchfcld north line ; thence north eighty-one degrees 
weft, on Buckfeld north line, four miles and two hundred and 
fifty-four rods to the bounds ftrft-mentioned, with the inhabitants 
thereon, be, and they hereby are incorporated into a town by the 
name of Sumner: And the laid town is hereby vefted with all 
the powers, privileges and immunities which other towns in this 
Commonwealth do or m.ay by law enjoy. 

Sect. 2. -Be it further enacted. That Ifaac Sturdivanty Efq, 
be, and he hereby is empowered to iffue his warrant, directed 
to fome fuitable inhabitant within laid town, requiring him to 
warn a meeting of the inhabitants thereof at fuch time and place 
as ihall be exprefied in faid warrant, for the purpofe of chooling 
fuch town-ofticers as other towns are empowered to choole iii 
the month of March or April annually. 

[This Acl paffed June 13, 1798.] 



An ACT to incorporate ^ohn Woribington, Efq. and 
others, for conveying Water in fubterraneous 
Pipes in Springfield. 
^ 'QE it enacted by the Senate and Houfe of Reprefentar-. 

•^ iiveSy in General Court njfembledy and by the author^ 
itv of the fame y That 'John Worthington, Samuel Lynum, Chauncy 
rorltei '''''°" ■^''^'"'t'^^J ^nd fohn Hooker, Efquires, fofph Stehblns, and Zebina 
Siebbins, with iuch others as are or may be aftbciated with them, 
and who fhall hereafter poft'efs the eftates where they now 
dwell, be, and hereby are conftituted a Corporation, by the 
name of The Proprietors of the Springfeld JlqucduSl, and by that 
name may fue and be fued : Provided, That nothing in this A£t 
ftpll authorize faid Proprietors to enter on or ufe private prop- 
erty without confent of the owner. 

Sect, 



poraled. 



Title. 



SPRINGFIELD AQUEDUCT. >;2^ 14, An.1798. 235 

Sect. 2. And he it further ennElcdi That any three of the p^j^ ^ - 

above perlons may, by notification pofted up at the houfe ofnieetin%, 
Mofes Church, in faid Springfield^ call a meeting of the faid Pro- 
prietors, to be holden in faid Springfield., feven days at leaft after 
pofting fuch notilication 5 and the faid Proprietors at fuch meet- 
ing may choofe a Clerk, who fliall make true record of all the 
votes, acls and doings of the faid Proprietors ; and m^ay alfo Officers to be 
choole other proper officers for eife6ling the objeol of their in- '^'^of'-'"- 
corporation, and agree upon the m^ode of calling future m^eet- 
ings, and make any rules, regulations or by-laws, for ordering Laws to be 
the traniaclions and concerns of the laid Corporation, and the "^^de. 
welfare and interell of the fame, which they may think expedi- 
ent, and impoie any fines and forfeitures not exceeding twelve 
dclLirs, and for the recovery thereof have and maintain an action 
of debt before any Juftice of the Peace in laid county : Provided, 
That the rules, regulations and by-laws aforefaid fhall not be 
repugnant to the Conftitution or laws of this Commonwealth. 

Sect. 3. Ami be it further enacted, That the faid Pro- 
prietors fhall have power from time to time to make aiicfl^ Afleflments. 
ments of fuch fums of money as the Proprietors fhall deem 
neceilary, on the feveral Proprietors, according to their fl:iares 
and intereft in laid Aquedudl, as the fame ihall be afcertained 
and recorded in the books of the faid Corporation ; and upon 
neglecl or refufal of any Proprietor to pay the fum or fums 
which fhall be fo aflTeiTed on him by the time fpecified in luch 
vote of aflelTment, the faid Proprietors may have and maintain 
an acTtion of debt againft fuch delino^uent Proprietor for the 
recovery thereof, before any Court proper to hear and try the 
fame. 

Sect. 4. And be it further enacted., That the faid Proprie- 
tors may enter on and dig up any highway for linking and ^^^y dig up 
repairing the pipes of faid Aquedudl as may be neceffliry, pro- "^g^^^'^ys. "^c. 
vlded they do not thereby impede the paffing of travellers ; and 
at any time hereafter may enter on the land of any of the 
Proprietors, or of any other perfons who already have or here- 
after fliall confent and agree with faid Proprietors for their 
laying faid pipes through the lands occupied by them for the 
purpofe of repairing fuch pipes j the faid Proprietors paying fuch 
perfons for fuch damage as they fliall do by means thereof. 

Sect. 5. And he it further enaBcd, That any perfon injur^ 
ing the faid Aqueduft fhall be lubjea: to the fa/ne penalties as ^^'^ °^ '"J^'y* 
are provided in the fecond fe^Lion of the Acl, entitled, " An A(^ 
for the more efFe£lually preventing trefpafles in divers cafes ;" 
and fhall alfo be liable to make good all damages fo done to th^ 
laid Proprietors. 

[This Aa pafTed June 14, 1798.] 

Aa 



236 BERWICK FIRST PARISH. June 14, An. 1798. 

An ACT for aflefling and collecling Taxes on the 
Pews in the Meeting Houfe where the Rev. 'John 
Tompfon oiliciates, in the Firil or South Parilh in 
Berijuick, for the Repair and Amendment of faid 
Houfe. 

^ -qE it etiaBed by the Senate and Houfe of Reprefenta-' 

■*-^ tiveSy in General Court affembled, and by the author- 
ity of the fame. That it fhall and may be lawful for the AfTef- 
fors of the faid pariflT for the time being, (after being duly 
- -. fworn faithfully and impartially to difcharge the duties of faid 

levy taxes for office,) and they are hereby empowered to alTefs the feveral 
repair. pews in faid houfe, their feveral parts and proportions according 

to the value faid Afleflbrs fliall fet the laid pews at, of all fuch 
fums of money as the faid parifh Ihall vote to raife and appro- 
priate for the payment of the labour and materials that have 
been expended in repairing faid houfe, in the year one thoufand 
feven hundred and ninety-feven •, and alfo for fuch further 
fums as may, in the opinion of the parilhioners, be neceflary to 
complete the repairing already commenced : And in cafe at 
a future period the fame houfe fliall need repairing, the Affef- 
fors of laid parilh, for the time being, may alTefs the faid p^ws 
in manner aforefaid, fuch fums for the repair thereof as the 
parifhioners fhall determine and vote needful for that purpofe : 
How to be col- And the alTeffiTients thus made fhall commit to fuch Collector 
kcled and ac- ^^ ^^^y ^y ^j^g parifh be appointed to coliecl the fame, with 
c un.e . jij-gf^ions to collect and pay in the fame to the Parifh Treafurer, 
in ninety days after the airefTment fliall be committed to him : 
And the Parifh Treafurer fliall keep an account feparate and 
diftincl: from other parifli monies, of the fums thus received, 
and the manner in which they are expended : And fhall have 
the fame power and authority to enforce the payment of the 
fums from the fiid Collector, in cafe he fhould be deficient in 
his duty as are by law provided for parifh taxes. 

Skct. 1. Be it further ejia&ed. That if the owner or 

Delinquent Proprietor of a pew fliall refufe or nej^lcct to pay the fum al^ 

Proprietors' felTed thereon as aforefaid, for the ip:ice of thirty days after 

pews to be notice of the afTelTment fhall have been pofled up on the door 

^ ' of the faid houfe, and in two other public places in the faid 

parifli as the AfleiTors fhall in writing diredl, it fhall be lawful 

for faid Colle£lor to fell faid pew at public vendue to the highell: 

bidder, firfl giving fifteen days' notice of the time and place of 

fale, by putting up notifications thereof at the faid meeting-houfe 

door, iand at two other public places in iajd parifh ; and the 

overplus money, befides the tax and the necefl'ary charges of 

notifying and felling, he fhall pay over to the former owner or 

Proprietor, if known and refiding within the faid fouth parifh, 

in 



HANCOCK SHERIFF. June 19, An. 1798. 0^237 

in ten days after the fale : But if the Proprietor be unknown, 
or a non-relident of faid parifh, he may, within ten days next 
after the fale, pay over the faid lurplus to the Parifli Treafurer, 
for the ufe of the former Proprietor of the pew : And the mode Mode j^^^jinf- 
of transferring pews fold by the Collector for the non-payment ^*^^* 
of taxes as aforefaid, fliall be by deed under hand and feal ac- 
knowledged before a Juftice of the Peace: But a record of the 
deed thus made, in the records of the parilh by the Clerk there- ' 

of, within fix months after paffing the fame, or a copy from 
thence, certified by the Parifh Clerk, fliall be evidence of the 
transfer, as well as the original thus recorded : Provided always^ 
That if the former Proprietor of a pew thus fold and transfer- 
red fliall, within one full year from the time of fale at vendue 
as aforefaid, tender and pay to the purchafer, or his afllgnee in 
cafe of aflignment, the true fum faid pew fold for, with an 
addition o^ fifteen per cent, it fiaall be the ciuty of the purchafer 
or afilgnee to re-convey the fame ; and upon his refufing thus 
to do, faid Proprietor may have like remedy for obtaining the 
title and pofleflion of the fame pew as mortgagors of real eftate 
now have in the Courts of this Com.monwealth. 

Sect. 3. Be it further enacledy That it iliall be the duty of 
the Clerk of faid firfi: or fouth parifli, upon the payment of 
thirty three cents y to record at large in the faid parifh books a j j*° "' 
deed of a pew in faid houfe, that may be brought to him for 
that purpofe, and to note and certify thereon, as well as in the 
record, the time when the deed was received for that purpofe. 
[This A<S1: pafTed June 14, 1798.] 

An ACT providing Compenfation for Services of the 
Sheriff of the County of Hancock, 

TiE it enaEled by the Senate and Houfe of ReprefentativeSy in 
■'-' General Court afjembledy and by the authority of the fame^ 
That the Juflices of the Court of General Seffions of the 
Peace for the county of Hancocky be, and they are hereby au- 
thorized and required to afcertain and determine annually, q^^^^^ ^f ggf. 
what fum of money fiiall be allowed the Sheriff of faid coun- fions to make 
ty as a reafonabie compenfation, as well for extra fervices as on allowances, 
account of the particular difficulties and inconveniences at- 
tending the difcharge of the duties of the faid office in faid 
county ; and the fum fo allowed fhall be paid out of the Treaf- 
ury of the faid county : And the faid Juftices are alfo here- 
by authorized to allow the prefent 'Sheriff of the faid county 
fuch fum of money as they may deem reafonabie on account 
of any extra fervices by him already performed for the fame 
county, and the fum fo allowed fhall be paid out of the Treaf- 
ury of that county. 

[This Aa pafllid June 19, 1798.] 

An 



23^ HOPLAND SCHOOL DISTRICT. ^w^-ipjAn.iyp^. 

An ACT in further explanation of and addition to 

Mareh ii, ^" ^^5 entitled, "• An Ad for incorporating a 

1797. ' certain Part of the Town of Lee^ into a School 

Diftrid, by the Name of 27?^ Hopland School Dhlrid.''* 

e T)E it enaHed h; the Senate and Hcufe of Reprefenta-i 

-*-* tivrSj'ifi General Court ajpmbled, and by the author- 
ity ofthefanuy That whenever the rents and incomes of tlie 
fchool lands, and other property belonging to the laid diftrid, 
fhall be infufficient for the purpoie, the faid diftricl niay, at any 
diftricl meeting regularly called and warned therefor, from time 
to time, grant inch fchool taxes as may be neceflary and fuffi- 
cient, to ;;ether with fuch rents and incomes, to build and repair 
a fuitable fchool-houfe or fchool-houfes for faid diftricl, and to 
provide and fupport a fuitable fchool or fchools within and for 
School taxes f^;, diftrid ; which taxes fnall be alTefled by the Affeffors of 
how t". be af- ^ j j diftria:, or by the Affellbrs of the faid town of Lee, for the 

feffed and col- . , . ' -' ,• • r r • -i i-n -n. 1 n 1 

Ic^d. tu"ne being, upon application or laid diiiTict, upon the polls and 

eftate;:; belonging to faid difiritSt, and fhall be colleifled by the 
CoUeclcrs of the faid dii1:ricl', or by the Collectors of faid tOM n 
of Lee, for the time being, upon application of faid diftrict, in 
the fame manner and under the fame regulations and penalties 
as town fchool taxes by law are affefied and collefted. 

Sect. 2- Be it further enabled by the authority aforefaid. That 
the faid diftrift lliall be underftood and conftrued to be capable 
Diftriil pow- of fulng and being fued, and of appearing in Court to profecute 
•"• or defend, and of pofTeffing, Improving and leafing, from time 

to time, the fchool lands belonging to faid diftrid, by a Com- 
mittee or agents thereto, duly appointed at any meeting regu- 
larly called and warned therefor. 

Sect. 3. Be it further enaEled by the authority aforefaidy That 
the faid diftrlcc fhall have power to exchange any parts or par- 
Lands may be (-els of the fchool lands belonging to faid dilirid, for other lands 
exchanged. lying within faid diftrid, to be holden in the fame manner and 
to the fame ufes as the lands fo exchanged. 

Sect. 4. And be it further enaEled b\- the authority aforefaidy 

That the faid diftricl fliall be capable of taking any eftate, real 

Donation' may qj- perfonal, to the amount of five thoufand dollars, which may 

be received. j^greafter voluntarily be bequeathed, granted or given to faid 

diftridl for the ufe and fupport of a fchool or fchools, and of 

holdinpf the fame for the ufe of fchools within faid diflri(Sl. 

[This Ac^ palTed June 19, 1798.] 

An 



GiLL....NEWTON. >w^ 19-20, An.1798. 239 

An ACT in addition to an Acl, entitled, " An Ad to 
incorporate the eall Part of Greenfield^ in the Conn- 
ty of Ham-pjhire^ into a Town by the Name oiGill^^ fS. a6,' 179J! 
palTed the twenty-eighth Day of September^ in the 
Year of our Lord One thoufand feven hundred and 
ninety-three. 

T)E it enaBed bv the Senate and Houfe of ReprefeniativeSf in 
■^ General Court ajfembledy and by the authority of the fame^ 
That the Bridge over Fall River^ {o called, betv/een Stevens' Greenfield tft 
mills, fhall in future be built, fupported and maintained wholly "i^imam up- 
by the town of Greeifeld, fo long as the road over the fame " * 
fhall be continued ; and that the Bridge over faid river, near 
the mouth thereof, fliall be built, fupported and maintained 
wholly by the town of Gi//, fo long as the road over the fame ' ' f>vtx< 
ihall be continued ; any thing in the A£l to which this is an 
addition to the contrary notwithftanding. 

£Thi!> Acl paPibd June ip^ 1798.] 

An ACT in addition to and explanatory of an Aft 
palTed in the Year of our Lord One thoufand feven 
hundred and feventy-eight, entitled, " An Acl for 
dividing and fetting off the weiterly Part of the 
Town of Newton, in the County of Middlefex, into 
a feparate Precinct by the Name of 27?^ We/i Pre" 
cind,** 

JjE it enaBed by the Senate and Houfe of Reprefentatives^ in 
-*- General Court affendded.^ and by the authority of the fame^ 
That all the lands lying on either fide of the divifional line of 
tlie precin6ts of faid town, as defcribcd in faid Acl of divifion, 
which are owned or poffefTed, or which hereafter fhall be own- 
ed or poiTeffed by perfons other than thofe who were the 
owners and occupiers of fuch lands at the time of the P'^ffing£and ♦« 1, 
of the A61 to which this is an addition, Hiall be taxed and af- taxed in the 
feffed in the precindl where fuch lands lie , any thing in the precindt where 
A61 of divifion aforefaid to the contrary notwithftanding. ^^'^X ''^' 

[This A61 paffed June 20, 179S.] 

An ACT to incorporate certain Perfons in the Town 
QiWrejithani^ for the Puipofe of conducting Water 
by fubterraneous Pipes in iaid Tovv n. 

t^ jyE it enaBed by the Senate and Houfe of Reprefent/i" 

■*-^ tives, in General Court nfenibUdy a: id by the author- 
ity <f the fame^ That John flall^ Samuel C^wdl, Philip Blake, 

Madey 



S4/0-' WRENTHAM AQUEDUCT. Jz^w^? 21, An.1798. 

Perfons incor- -^^'^9 DecoubhtnSy John Madefy Cyrus Bea/jy Ehetiezer Fojler^ 
porated. Oliver Farringtony Luther FiJJjery Lemuel Broivfiy Willia7n Brozun, 

and Daniel Sha%Uy with fuch others as are now, or may hereaf- 
ter be aflbciated with them or their fucceffors, be, and they are 
hereby conftituted a Corporation, by the name of The Firjl 
AqueduEi Company in Wrentham^ and by that name may fue and 
be fued : Providedy That nothing In this A£t fliall authorize 
Reftriaion. the faid Proprietors to enter on, or to make ufe of private 
property, without the confent of the owner. 
. Sect. 2. Be it further enaciedy That the lirft meeting of 
M?^tin^^'how the faid Corporation may be called and notified by any three 
call^. of faid Proprietors, by a written notification pofted up at the 

firft meeting-houfe in faid Wrenthamy feven days at leafi: pre- 
vious to the meeting, which notification Ihall fet forth the 
, • . purpofes and the time and place of faid meeting, to choofe a 
Officerito be Clerk and fuch other officers as they may think neceflary, to 
chofcn. agree upon a mode of calling future meetings, to eftablifli rules 

and regulations not repugnant to the laws of this Common- 
wealth, and to tranfacl fuch other bufinefs as fliall be neceflli- 
ry to efFe£t the objedl: of their incorporation : And the faid 
Proprietors, by a major vote of thofe prefent, accounting one 
vote to each lliarc, (provided that no Proprietor has more than 
five votes,) may impofe any fines and forfeitures not exceed- 
ing ten dolliirSy and levy the fame in due courfe of law. 

Sect. 3. And he it further efia^edy That the faid Proprle- 

Highway may ^ors may dig up any public or town way for conducling water 

be dug up. j^g aforefaid ; provided they do not obftruft the rightful ufe of 

the fame. And any perfon wilfully injuring the faid Aque- 

Penaky for du<Sl fliall be fubject to the fame pains and penalties as are pro- 

damaginK vided in the fecond fetSlion of the A£t, entitled, « An A£l for 

*^"^ " ■ the more effcclually preventing of trefpaffes in divers cafes," 

and fhall alfo be liable to make good all damages fo done to the 

faid Aquedudt or Proprietors. 

[This Adpafl^ed June 21, 1798.] 

An ACT to fet o^ Richard Rogers^ of Kittcry, in the 
County of T^ork^ from the iirft Parifla of Kittery, 
and to annex him and his Eftatc to the third Parifli 
in faid Town. 

7)E it enaBed by the Senate and Houfe of RcprefentativeSy in 
-^ General Court ajfcmbledy and by the authority of the fame^ 
That Richard Rogers, of Kittery, in the county of Torky with 
*.tt ofF. his efiiate, be, and is hereby fet ofl:"' from the faid firft pariih and 

Trovifo. annexed to the third pariHi in fnid town : Provided, the faid 

Rogers fhall pay his proportion of parifh charges due from him 
to the faid firft parifh prior to the date of this A£l. 

[This Act pailed June 21, 1798.] An 



MIDDLESEX CANAL. >«f 25, An.1798. 241 

An ACT in addition to an Ad:, entitled, " An Act 
regulating the taking of the Fifti called Ale'vvives, 
in the Town Brook, fo called, in the Town of 
P/y??wutb/* paffcd tlie, twentieth Day of Jz/k^, in •'""'^ *°'^' '* 
the Year of our Lord One thoufand feyen hundred 
and eighty-nine. 

JJE it etiaBfd by the Senate ami Houfe of Reprefentaiives, in 
^ General Court 'affemhled^ and by the authority of the fame, 
That the faid A61 to which this is an addition, and all parts, -^^.^^ p^^^^ 
claufes and provifions thereof, lliali extend to include one other Brook Includ- 
brook in faid town of Plymouth, known by the name of Fre/Jj ed. 
Pond Brook, in the fecond precinct of faid town ; and the taking 
of the fifh aforefiiJ in fiid Fre/h Pond Brook, is hereby authorized 
in the fame maimer, and under the fame rules, regulations and 
reftri£tions, in every refpet^, as the fame is authorized in and by 
the A<il to which this is an addition, in the aforefaid tovv^n brook, 
and no otherwife ; anything in faid former Aft notwithllanding : 
Provided neverthelefs , That tlie inhabitants of the tov/n of Plym- Provlfo. 
outh may, at their annual meeting in March or April, fix and 
determine at what place in Frefo Pond Brook faid fifli! m.ay be 
taken. 

[This Acl paiTed JwyT^ 25, 1798.] 

An ACT in addition to the feveral A(^s refpecting junc 22, 179.1, 
the Proprietors of M/J^/f/'A; C^/z^/. Feb. 28,1795. 

WliEREAS by an A£l pafied on the twenty-eighth day 
of February, in the year of our Lord one thoufand feven ^^^^ °* 
hundred and ninety-five, it is provided and enabled, that the 
Corporation of the Middlefex Canal Ihall have pov^er to receive 
and hold real cftate as appendant to the fame Canal, and for the 
purpofe of facilitating the bufinefs of the fame,"to the value of 
thirty thotfand pounds, over and above the value of the Canal 
itfelf : And the Proprietors of faid Canal having exprefled their 
doubts whether, in virtue of fnd Acl, they may ereft and hold 
mills on the fam.e Canal, and on the waters with which it is or 
fiiall be connefted : 

Be it therefore enaFted by the Senate and Houfe of Reprefenia- 
fives, in General Court ajfembled, and by the authority of the fame, 
That tht Corporation of the Middlefex Canal, or the Fi^prietors 
of the faid Canal, in their corporate capacity, iliall have power 
to purchafe and hold any mllWeats on the waters connected with ^^t^^c. 
the fame Canal, and lands to accommodate the fame, and there- 
on to ereft mills ; and that all fuch -lands or mill-feats fo held 
by the faid Corporation, fliall be liable to be taxed as real eftate 

in 

Vol. IL 2....G 



242 

Ppovifc. 



DIGHTON CONGRE. FUND. June 25, An.1798. 

in the towns Avhere the fame fhall be, according to the laws in 
being foi* afTciling taxes : Provided fieverthelefs. That nothing 
herein ihall be conftrued to repeal or annul the reftriclions un- 
der which the faid Proprietors and Corporation are- laid by 
former A(fts, refpeding the waters of Shaiv/Ijlne River, or the 
ponds, brocks or ftreams emptying their waters into the fame : 
And pi'ovided alfo, That all the mill-feats and land, purchafed or 
received ,by the fiid Corporation, Ihall not exceed the fum of 
one hundred and thirt\ thoufand dollars. 

[This'Ac^ paffed June 2$^ 1798. J 



An ACT to incorporate certain Perfons Truftees to 
manage the Funds for the permanent Support of 
a Pedobaptift Congregational Minifter, that may 
officiate in tlie Meeting-Houfe near the four Cor- 
ners, in the foutherly Part of Dighton, in the Coun- 
ty of Bri/icl. 

WHEREAS two tracts of land have been conveyed by 
deeds of the late Sylvejler R'lchmond, Efq. and Jofeph 
Atwood^f to certain perfons as feoffees in truft to and for the ufe 
of the congregation ufually affembling at the meeting-houfe 
aforelaid ; and a futid of about one thoufand dollars having been 
I'ai^ed 'by'the fale of the wood growing on thefe lands, and ■' 
otherv/ays, fox- the fupport of fuch officiating minifter, and the 
prefent feoffees in truft having petitioned the Legiilature for an 
A(St of incorporation, for the better management thereof and 
the lands fo conveyed : 

Sect. .1. Be it cnaBed h\^ the Senate and Houfe of Reprefenta- 
fives, in General Court affmbled, and by the authority of the fame ^ 
ij. That TVilliam Balier, Sylve/ler Richmond, John H^ifhaiuay, Hodijab 
Baylies, Jofph Ativood, Sylvejler Atwood, jun, David ylndreivSy 
George Ware, and Thomas Baylief Richmond, all of the faid town 
of Dighton, be, and they are hereby appointed Truftees to re- 
ceive and hold the above mentioned fund, and all other money 
for the purpofe aforefaid however accruing, to the amount of 
^^ eight thoi fund and five hundred dollars., in truft for the ufe and 
benefit of faid congregation, and the permanent fupport of 
the Pedobaptift Congregational Minifter that fhall preach to 
them in the meeting-houfe aforefaid ; and ftiall conftitute a 
Body Politic and Corporate, to have perpetual fucceffion for 
the due and faithful management of faid truft, and ihall be 
vefted with all powers incident to Corporations, neceffary or 
requifite for that purpofe. 

Sect. 2. Be it further enaEled, That the Truftees before- 

mcct- m-entioncd fliall forever hereafter hold a meeting in the town 

of Dighton, in the month of June annually, the time and place 

of 



Perfons 
porated. 



Accounts 
fund. 



Annual 
irg. 



DIGHTON CONGRE. FUND. June 25, An. 1798. 243 

of faid meeting to be notified by the major part of the Truftees, 
by pofting an advertifement thereof in fome pubUc place in faid 
town, feven days at leaft before the time of faid meeting : At 
fuch meeting the major part of the Truftees prefent may annu- 
ally choofe a Treafurer, with whom the money or fecurities for Treafurer tobc 
money conftituting the funds may be depofited, and who fhall, ^ ° "^' 
under the control and by the order of the Truftees, or the major 
part of them, receive in, deliver up or pay out fuch money or 
fecurities : And the perfon fo chofen fhall give bond, if requir- 
ed, at the difcretion of tiie Truftees, for the faithful performance 
of his duty; and the major part of the Truftees prefent at fuch 
meeting are alfo empowered to choofe a Clerk annually, to }^Vt ^^ ^^ 
keep a '■ecord of the proceedings and doings of the Truftees : 
And the Truftees are further empowered, from time to time, at ^r n. .1. 

c ^ ' • 11 J • i_ c r-j r-11 Truftees to be 

any or their meetings called m the manner arorelaid, to hll up eledeJ, 
the vacancies occaftoned by the death, refignation or removal of 
any of the Truftees. 

Sect. 3. Be it further enaBedi That the faid Truftees be, 
and hereby are empowered to iell the tracts of land aforefaid, ^ , , 

for the moft the fame will fetch, either at private fale or public fold. 
vendue, and place the proceeds at intereft, which are to be con- 
fidered as belonging to the fund : And the faid Truftees are 
alfo hereby empowered to make legal and authentic convey- Truftees to 
ances of the pews in the aforefaid meeting-houfe to any perfon convey pews, 
who has or may purchafe the fame. 

Sect. 4. Be it further enacted^ That the Truftees before- 
mentioned, and their fucceftbrs in office, be, and hereby are- 
invefted with fufficient power to receive all liibfcriptions, grants, May receive 
appropriations and donations, whether real or perfonal, that donations, &c. 
inay hereafter be made for the purpofe of fupporting a pedo- 
baptift Congregational Minifter_, that does or Ihall ofticiate in 
the aforefaid meeting-houfe : Provided^ Thei'e fliall not exceed, Provlfo. 
when added to the above-mentioned fund, the fum of eight 
thoufand five hundred dollars ; and place all the money that fhall 
be in their hands, as Truftees, at intereft on good fecurity, at 
their difcretion, and apply the whole of the intereft arillng. 
therefrom, or any part thereof, to pay the falary of fuch niinif- ^ppjopjjjjjyn^ 
ter, officiating in the meeiing-houfe aforefaid, or for enlarging 
laid fund, as the faid congregation fhall from time to time order 
or dire*^ ; but not in any cale to leften or make uie of any part 
of the principal : And Ihould the intereft of the fund at any 
time hereafter be more than fufficient to pay the falary of the 
aforefud mi.nifter, the furplus O.rall be applied to the fupport of 
fchools for the benefit of laid congregation. 

Sect. 5. Be it further enacledy That the Truftees, or the 
major part of them, be, and hereby are empowered to call a Meetino- to La 
meeting of the faid congregation at any time for the purpofe of called. ^ 
giving directions relative to the applications of the intereft of 

the 



Sect. 



244 BAPTIST SOCIETY. June 25, An. 1 7'98, 

the fund, by pofting a notification thereof in fome public place 

in Dightotij feven days at leaft previous to the time appointed 

for laid meeting ; and at fuch meeting the faid Truftees lliall 

mcn"^ to ^ be ^"'^^'^'''7 ^^7 before the faid congregation in writing an account 

made. pf their proceedings, difburfements, and the rtate of the fund. 

[This A6t palled Jiine 25, 1798.] 

An ACT to incorporate a Number of Inhabitants in 
each of the Towns of Marjhfidd, Scituate, Duxbo- 
rougb. Pembroke and Uanovsr, into a feparate Relig- 
ious Society, by the Name of The Baptiji Religious 
Society in Mar/hfield. 

jnE it enaEfed by the Scfiaie and, Hoiife of ReprFfenta- 
■^ ii'uesy in General Court ajfembledy and r; the author^ 
itv of the famej That William Curtis y James Curtis ^ James Focrdy 
Pcrfons incoA- William Curtis, jun. Briggs Hatch^ IVilliam Churchy James 
porated. £^^,41, Seth Joyce, David Joyce, Thomas Macumber, Thomas 

Alacumber, }un. Ebenezer Sher/na/!y Jfi'ph Shertnan, Afa Thomas y 
Thomas Joyce^ jun. Gerjhom Eivell, Stephen Stetfcin, Stephen Stet- 
fcn, jun. Jonathan Joyce, Prince Hatch^ John Hiland, Ichabod 
Sherman, Elifka Sherman, Jedidiah E'wslt, John Tronvant, Alafot} 
Carver, Aaron Sherman, EiiJJm Barker, E-z^kiel Jones y Zaccheus 
Eamkeri, Benjamin Thomas, Abnsii Curtis, Jo/hua Alagoiuan, and 
Robert TLiuland, members of the faid Religious Society, to- 
gether with their polls and eitates, be, and they hereby are 
incorporated by the name of The Baptij} Religious Society in 
Marjhfeld, with all the privileges, powers and immunities 
which parilhes in this Commonwealth by law enjoy. 

Sect. 2. Be it further enacled by the aiahority aforefaid. That 
any perfon in the laid towns of Marfofield, Scituate, Duxborough, 
Pembroke and Hanover, in the county of Plymouth, v^ho may at 
IIow to be- any time hereafter actually become a member of and unite in 
^omc a mem- j-^jigjoyg worfhip with faid Baptift Religious Society, and give 
in his or her name to the Clerk of the parifh to which he or 
Ihe did heretofore belong, with a certificate figned by the Min- 
iftcr or Clerk of faid Society, that he or llie hath actually be- 
come a member of and united in religious worfiiip with faid 
Baptift Religious Society in Alarf field, fourteen days previous 
to the parifli meeting therein, to be held in the month oi March 
or April annually, fliall^ from and after giving fuch certificate, 
with his or her polls and eftale, be confidcred as a member of 
rrovifo. f'lid Society : Provided hoivever. That fucli perlbn Ihall be held 

to pay his or her proportion of all monies allt'lled or voted in 
the parilh to which he or flie belonged previous to that time. 
Sect. 3. Be itfuither cnaEted by the authority) aforefaid. That 
when any member of faid Society ihall fee caufe to leave the 

fame 



NEW-ASHFORD. Jz/k^ 26, An.1793. 245 

fame and unite in relieious worfiiip with any other Reli-zious tr . r 

(n • • 1 -n • 1 • 1 1 M 1- ° , How to ICpa^ 

bociety in tne town or pai-iihes in which he oi- Ihe may hve, and rate from. 
Ihall give in his or her name to the Clerk of the Baptift Relig- 
ious Society aforefaid, ligned by the Minifter or Clerk of the 
p^l^iili or other incorporate Religious Society with which he 
or fhe may unite, that he or fbe hath actually become a mem- 
ber of and united in religious worfhip with fuch other parifh or 
other incorporate Religious Society, fourteen days previous to 
their annual meeting in March or Aprils and fliall pay his or 
her proportion of all monies voted in faid Society to be raifed 
previous thereto, ihall, from and after giving fuch certihcate, 
with his or her polls and eftate, be conliLiered as a member of 
the Society to which he or Ihe may lb uriite. 

Sect. 4. And be it further enacled, That John Turner^ Efq. p;j.{i; meeting 
be, and he is hereby authorized to ilTue his warrant, directed to to be called, 
fome fuitable member of faid Society, requiring him to warn 
the members of faid Society qualified to vote in parifh affairs, 
to alTembie at fome fuitable time and place in faid town of 
Alarjiyieldi to choofe fuch parifla oflicers as are by law required 
to be chofen in the months of March or April annually, and to 
^ranfaft all other matters and things neceffary to be done in faid 
Society. 

[This Aa paired June 25, 1798.] 

An ACT for fetting ofl' a certain Tract of Land, 
belonging to the Town of Hancock^ m the County 
of Berkjhire, and annexing the fame to the Diilrift 
of NeiV'AJhford in faid County. 

T)E it enaBed by the Senate and Houfe of Reprefenfatives^ in 
General Court ajfembledy and by the authority of the fennel 
That the land belonging to Huncoch^ with the inhabitants there- 
on, contained within the boundary lines hereafter mentioned 
and defcribed, to ivit : Beginning at a Itake and ftones eleven 
rods north, eighty degrees weft from Benjamin Shcariuocd's Boundaries of 
north-eaft corner, f;anding in the fouth line of Williani/loivn ; ^^'^^ ^^^ °f' 
thence running the fame courfe, on Williamfoivn line, three 
hundred and eighty-nine rods \ thence Ibiith nineteen de- 
grees weft, nine hundred and fifty rods to Nathan Baxter's 
fouth-weft corner j thence eaft nineteen degrees fouth, two 
hundred and forty-one rods, to the north-weft corner of town 
of Lancfoorough ; thence north thirty-one degrees eaft, nine 
hundred and ninety rods to the firll: mentioned bounds, be, and 
hereby is fet oft' from the town of Hancock, and annexed to the 
dift-rict of Neiu-Affordy and ftiall forever hereafter be conlider- 
ed as belonging to, and making p?.rt of the fiid diftrift of New- Provifo. 
Afford : Provided ncverthekfs^ That nothing in this Acl fhall 
in any manner eftect or difcharge the taxes already alfelTed or 

ordered 



246 AMESBURY AQIJEDUCT. June 2 j, Kn.i^gZ. 

ordci-ed to be aiTefTecl in the town of Hancock ; but the inhabit- 
ants aforefaid {liall be coi'fidered as held to pay all fuch taxes 
which remain due and unpaid to faid town of Hancock. 
[This Aa p-^ June 26, 1798.] 

^!^ ^ % — 

An ACT authorizing James Bayley and others to 
condud Water in fubterraneous Pipes, within the 
Town of Amejhury. 

o jyE it enaBed by the Senate and Hoiife of Reprefenta- 

■^ tiveSi in General Court ajjembled^ a7id by the author- 
Perfons in- ^X)' of the fuine^ That James Bayley^ David Lowell^ J°f^P^ Morfcj 
corporated. J<if^ph Hcyt^ Nathan Long^ Eli Gale, and Willibee Hoyt, all of 
AmeJIntry, in the county of Ejjhx, with fuch other perfons as 
may become Proprietoi's in the faid water-Avorks, be, and they 
hereby are incorporated a body politic, for the purpofe of con- 
veying water by pipes within the town of Amc/hury, by the 
Corporate naaie of The Proprietors of Amejhury Ferry AqueduEl, and by 
eame. ^j^^j. ^^jj-j^g j^^^y fyp .^^^d be fued to final judgment and execution, 

, and do and fuiFer all matters, a(Sts and things, wliich bodies pol- 

itic may or ought to do or fuifer : Provided, That nothing in 
this Aa fhall authorize faid Corporation to enter upon or ufe 
for that purpofe, the land of any perfon without licenfe there- 
for firft had of the Proprietors of fuch land. 

Sect. 2. Be it further enacted. That any three of the 
Firft meeting persons above-named may, by notification to be polled up at the 
how to be call- lioufe of E'z.ra Worthen, innhokler in Amefbury, call a meeting 
^^' of the faid Proprietors, to be holden at any fuitable time and 

place within faid town of Arnefoury, feven days at leaft after 
porting up fuch notification ; and the faid Proprietors, by a 
major vote of thofe prefent, accounting one vote to each fl\are, 
Power. Ihall choofe a Clerk, agree upon a mode of calling future meet- 

ings of faid Proprietoi-s, and may alfo eleft any other officers which 
to them fliall appear necefiary for carying into effect the objea 
of their incorporation, may enjoin and order fines and penalties 
for the breach of any of their rules and by-laws, not exceeding 
' . ten dollars for any one breach tjiereof : And all perfons appear- 

ing at any of faid meetings, to reprefent any of laid Proprietors, 
fliall have an appointment in writing, figned by the pcribn fo to 
be reprefented, which Ihall be filed with or recorded by the 
Clerk of tl:c Corporation, whole duty it fhall be fairly and truly 
to enter and record in a book to be kept for that purpofe, this 
Aa, and all rules and by-laws, votes and proceedings of faid 
Corporation. And the Clerk chofen as aforcl^iid fliall be fworn 
to tlie faithful difcharge of the duties of his office. 

Sect. 3. Be it further enarted, That the faid Proprie- 
tors be, and they are hereby authorized to enter upon and dig 

up 



THIRD MASS. TURNPIKE. June 27, An. 1798. 247 

up any high way for the purpofe of placing fuch pipes as may Hijhwaysmay 
be neceffary to complete iaid Aqiieducl, or for repairing the be dag up. 
fame : Provided^ They do not thereby in the leaft impede the Provifo. 
paffing of travellers. 

Sect. 4. Be it furihef enaBedj That any perfon who fhall Perfons injur- 
wilfully injure faid Aqiaedua, fhall be lubjecfi to the fame penal- '"S Aciuedu(a. 
ties as are provided in the feconJ feftion of an A£t, entitled, 
An Act for the more effectually preventing trefpaffes in divers 
cafes," pafTed in the year of our Lord one thoufand feven 
hundred and eighty-five, and ihall be liable to make good all 
damages done to faid Proprietors. 

Sect; 5. And be it further enaSted, That any fhare or fhares Shares attaclu- 
in faid property fhall be liable to attachment on meftie procefs ; ^le. 
and fuj^h attachment fliall be made by leaving an attefied copy 
of fuch procefs with, the Proprietors' Clerk at the time of fuch 
attachment : And fuch fliare or fliares may be fold en execu- 
tion, in the fame manner as is or may be provided for in the 
fale of perfonai property by execution ; the ofEcer making 
fale leaving a copy of the execution, with his return on the 
fame, with the Clerk of the Proprietors, within ten days after 
fuch fale. '- 

Sect. 6. And be it further enacted^ That the mode of fell- 
ing or transferring fliares in faid corporate property (liall be by Transf*. 
deed, and acknou^lcdged before a Juflice of the Peace, and re- 
corded by the Clerk of faid Proprietors, in a book kept for that 
purpofe. 

[This A<rt pafTed June 27, 1798.] 

An ACT in addition to the Ad eftabiilliing the Third March 9, ar.d 
MaiTachufetts Turnpike Corporation. j"nei7. i797« 

« D-S" it enaEled by the Senate and Hcufe of Reprefenta- 

■^ tives, in General Court ajpmbled, and by the author- 
ity ofthefamey That the faid Corporation may make aTurapike New Turnpike 
Road from the weft line of Piitsfeld to the weft line of Hancock^ V<<^s.A from 
near Lebamn Springs^ fo called ; and when the faid road fhall i^'j^^^^^-j^ ** 
be fufficiently made, and fhall be fo allowed and approved by 
the Juflices of the Court of General SefFions of the Peace for 
the county of BerkJJjirey or a ComiTOttee by the faid Court to 
be appointed, then the faid Corporation fhall be authorized to 
eredf one Turnpike Gate on tlie fame, at fucii place as the faid 
Court fliall from time to time direft, and fhall be allowed to Toll allowed, 
receive from each traveller and paiTenger at faid gate, the fame 
ratesof toll as they now are or hereafter may be allowed by law to 
take and receive at eidier of the other gates already eftablifh- 
ed : Provided^ That the General Court fhall have authority, at Provlfo. 
any time within ten years from the piaffing of this Act, to reg- 
ulate the toll to be taken at the gate, to be fet up in HoMcock^ 

ihould 



240 THIRD MASS. TURNPIKE. June 27, An.i798i 

fhould it be found on experiment to be fet too high : Provided 
alfii That f;iid Corpor viuon may at any time demand and receive 
a lefs rate of toll than is provided in the Adl to which this is in 
addition. 

Sect. 2. Atid be it furthet; enaEiedy That the faid Corpora- 
Toll for cattle, tion fhall not in future demand and receive for any oxen, horfes 
chaife, &c. ^^^ ^^.^^ cattle, led or driven over the faid road, befides thofe 
in teams and carriages, more than c7ie cent each j and for every 
cliaife, chair, or other carriage drawn by one horfe, the faid 
Corporation may demand and receive tivelve cents and Jive mills ; 
any thing in the faid Acl to the contrary notwithftanding. 
Sect. 3. And be it further encBedy That the faid Corpora - 
Condition:^! tion may, if they fee ht, commute the rate of toll with any 
commutation perfon, or with the inhabitants of any town, through which 
of toll, ^Y\Q faid toad palles, by taking of him or them any certain fum 

annually, to be mutually agreed on in lieu of the toll ellablifhed 
in and I33' faid A£l. 

Sect. 4. And be it further enacledy That the faid Corpora- 
"Wefthampton tion may, if requefted in writing by the inhabitants of the town 
^ith annuaU^'^ ®^ /^£///j/jte/>/i?«, agree once in every three years on three menj 
' who, or the major ,fpart of whom, ihall award and determine 
what lum of money (hall be paid by the inhabitants of the Hiid 
town annually to the faid Corporation, in lieu of toll at the eaft 
gate : Which three men, if no choice can be mutually agreed 
on, fdall b ? appointed in manner following : That is to fay, the 
faid Corporation fliall appoint one perfon, the faid inhabitants 
ihall appoiiit a iecond perfon, and thofe tv,'0 perfons thus ap- 
pointed, Ihall choofe the othcir ; and the faid award and deter- 
mination {hall be made in writing and delivered to each of the 
parties ; and if the faid inhabitants fhall, on the firft day of Janu- 
ary^ or within ten days after, in each year, pay fuch fum of money 
to the Treafurer of the livid Corporation as fliall be fo awarded, it 
fhall not be lawful for the faid Corporation to receive any toll of 
any inhabitant of the faid town at {aid eaft gate, during one year 
then next following faid firft day of January ; and if the Prefl- 
dent and Directors of the laid Corporation fliall not, when re- 
queued by the agent or ag^^nts of the faid town, within twenty 
days, agree in one of the niodes aforelaid on the appointment 
of three men to make fuch award and determination, it fliall be 
Unlawful for the laid Corporation to demand or receive any toll 
of any inhabitant of that town, until the faid Directors (hall agree 
to fuch appointment, and until fuch award and determination 
flirdl be made ; and ever^ fuch requeft from the faid inhabit- 
ants fhall be in writing, and figned by their agent or agents^ 
and delivered to the Preiident or one of the Directors ; and 
fuch award or determination, fo made, fliall be binding on faid 
parties for the term of three years only, unlefs faid inhabitants 
iand the faid Corporation flv^ll be fatisfied therewith', but if 

either 



^IRES IN BOSTON. >/2^ 27, An.1798. 249 

either of the parties are not fatisfied and i-equeft it, a new ap- 
pointment fhall be made once in three years, and another de- 
termination had. 

Sect. 5. And be it further enaBed^ That the faid Cor- (^q^^jj^^^j^jj^ 
por^lpn may, if they fee fit, demand and receive a lefs toll for of toll on cartt 
the paffing of carts and carriages with broad wheels, than that allowed. 
jwefcribed in the A<^ to which this is in addition. 
CThis Aa paired June 27, 1798.] 

An ACT to fecure the Town oiBoflon from DamaQ;e ^'^'^'t'onaiAA, 

, .... -^ ^ Feb. 9,1803. 

by i'lre. 



Sect. 



; t)E it enaBi'd by the Senate and Houfe of Reprefentci- 
'*~^ fives, in General Court ajfembled, and by the author- 



ity of the fame, That every meeting -honfe, fchool-houfe, and „ ., ,. 
every other public building, and every diftill-houfe, brewery, templated to be 
malt-hoiife or li^firy-flable, which fliall be ere<^ed in the town of brkk, &c. 
of Bojlon, from and after the firfl day of September next, Ihall 
have the external walls of the lame, except fo much as may 
be necelTary for doors and windows, compofed entirely of 
brick or ftone, and the roof thereof covered entirely with 
{late, tile, or fome incombuftible compoiition, and the eaves 
and gutters efFe^lually fecured againft lire. 

Sect. 2. A?id be it further enacted. That all dwelling houfes, Dwelllng- 
and all other buildings, more than fourteen feet high, from boufes bow t» 
the ground to the higheft point of th6 roof thereof, which ^^ '^"'''^* 
ihall be erefted in faid town, after the firft day of September 
next, (liall have one of the largeft fides thereof, or any two 
fides or ends, if equal to one of the largeft fides, compofed 
entirely of brick or ftone, except fo much as may be necefiary 
for doors and windows ; and the roofs of faid dwellin|t-houres 
and buildings fliall be entirely covered with flate, tile, or fome 
incombuftible compofition, and the eaves and gutters fecured 
as before direfted : And no brick or ftone wall fiiall be deem- 
ed fufficient within the meaning of this A(5l, unlefs the fame 
lliall be at leaft twelve inches thick in the lower ftory and 
eight inches thick above the lower ftory, and the partition 
walls of all double houfes or other buildings lliall be built en- 
tirely of brick or ftone, of at leaft the thicknefs laft mention- 
ed, and fliall rife in battlements, at leaft three feet above the 
roof: And all additions which fiiall be made to buildings al- 
ready eresfled, and all buildings which (hall be eredlcd on old 
foundations, in part or in whole, Ihall be deemed and confid- 
ered within the reftri<^tions and re£;ulations of this Adt : 
Provided hoivever. That upon any wharf, marfh or other place, Provifo. 
where no fufficient foundation can be obtained without un- 
reafonable expenfe, on permiffion of the Firewards of faid 

tovm. 

Vol. II. 2....H 



250 FIRES IN BOSTON. 7z/«^ 27, An.1798. 

town, or any nine of them, In writing, wooden buildings of 

not more than two ftories high may be erecled, which Ihall 

be covered on all fides with llate, tile or lime-morfar, and 

the roofs, eaves and gutters iliall be fecured as before dire£lcd. 

Sect. 3. jind he it further enaEledy That every perfon|d[io 

Penalty for al- (]^^|} ^xQ^ or add to, or caufe to be erected or added to, any 

tering houL» |^ j||- j,^ f^j^-^ ^^^^,^ of Bofton, contrary to the true intent and 

contrary ttj '-'" . fa .„,''. ^ r i • a rv n n r r -^ 

law. meanmg, and agamft the provmons oi this Act, Ihall iorteit 

and pay a fine, not lefs than fiflj dollars y nor more than/z;<? 
hundred dollar Sy according to the nature and aggravation of the 
offence, to be recovered by information in the Supreme Judi- 
cial Court in the county of Suffolky which it fliall be the duty 
of the Attorney-General to file, in all cafes which may come 
to his knowledge, or by indictment before faid Court. 

Sect. 4. And be it further enatledy That in addition to the 
fines abovementioned there fliall be laid and affefled upon ev- 
ery houfe or other building, which fliall be erected contrary 
Yearly penalty to the provifions of this A<^, the fum of fifty dollars^ annually 
for fuffc-ring ^^,\ every year, until a brick or ftone wall fliall be eredled, of 
buflcUr"" t '^'^ dimenflons above provided, and until the fame fliall be ef- 
ftand!"^^ feftually fecured agalnfl; lire, according to the provifions of 

this A61; : And it fliall be the duty of the Firewards of the 
faid town of Bofton to return to the.AflelTors of faid town an- 
nually, a lift of all fuch houfes or other buildings erefted 
againft the provifions of this A6t, together with attefted cop- 
ies of the record of the conviftion of the perfon or perfons 
who erected the fame, before the fiid Judicial Court ; and 
thereupon it fliall be the duty of the faid Afleirors to aflefs up- 
on tlie owner or owners of fuch building or buildings, for the 
time being, the faid fum oi fifty dollars, in addition to his, her 
or their )(|ther taxes, which fliall be recovered in the fame way 
and manner as other taxes are cr fliall be collected •, and the 
fame remedy is hereby given to the Collector or Colle<Stors of 
taxes for tlie recovery thereof : Provided neverthelfs, That no 
fuch building or buildings fliall be fubje£ted to fuch annual 
tax until an attefted copy of faid convidtion fhall have been 
duly recorded in the office of the Regifter of Deeds for the 
county of S'rfolk, whofe duty it fliall be to receive and record 
the fame. 

Sect. 5. A/id be it further enaaed. That every tar-kettle 

which fliall be made ufe of in faid town for the purpole of 

Rope-maker's boiling tar for the ufe of any rope-walk, fliall be fo fixed as to 

tar-kettk». prevent all communication whatfoever between the tar and 

the fire, and that the fire-place under every fuch kettle fliall 

be conf.rudted with an arch built over the fame, and fecured 

by an iron door, in fuch manner as to inclofe the fire therein. 

Slot. 6. And be it further enaEted, That every perfon 

who fliall carry any fire through the ftrcets, lanes, or on any 

wharves 



BAPTIST SOCIETY. y^^/2<? 27, An.1798. 251 

wharves in faid town, except in feme covered vefiel ; or fliall 
fmoke, or have in his or her pofTeffion any hghted pipe or fe- 
gar, in any ftreet, lane or palTage-way, or on any wharf in 
faid town, fliall forfeit and pay, for each and every offence, Pcnclty for 
the fum of two dollars ; to be recovered of the perfon fo of- fniokuig, ©r 
fending, or of his parent, guardian, mafter or miilrefs, before '^'"■'■y'"g ''I'c 
any Juftice of the Peace of the county of Suffolk, upon com- the ftrtets &c? 
plaint made upon oath. 

Sect. 7. And be it further enacted, That if any perfon fliall 
have in his or her poiTeilion in any rope-walk within faid 

town, any fire, lighted pipe or fegar, candle or lamp, he ihall ^ . . 

forfeit and pay for each offence a fum not exceeding one bun- gre in a'rope^. 
dred dollars, nor lefs than Jive dollars, to be recovered in any walk. 
Court proper to try the fame. 

Sect. 8. And be it further enabled, That it fliall be the duty 
of each and every Fireward in the town of Bojlon, and they 
and each of them are hereby required to inquire after and 
give information to the Attorney-General of all offences JJe^ompLnts! 
which may be committed againft the true intent and meaning 
of this A£t, cognizable before the Supreme Judicial Court or 
Court of General Seflions of the Peace ; and to feme Juftice 
of the Peace for all offences committed againft this Act, and 
cognizable by a Juftice of ihe Peace. 

Sect. 9. And be it further enaFred, That the A61, enti- 
tled, " An A61 to fecure the town of Bojlon from damage by 
fire," be, and the fame is hereby repealed from and after the F^mier law 
faid firft day of September next, excepting that fuch parts "^^P^^^"^^- 
thereof as may be neceffary to recover all fines and penalties 
incurred upon the A6t aforefaid Ihall ftill remain in full force. 

Sect. 10. And be it further enacled. That all the fines, 
penalties and affeffments which ftiall be recovered by force of 
this Act, fhall accrue and enure one half to the ufe of the poor Appropriatio» 
of the town of Bofon, to be paid to the Overfeers thereof, and "^ fines»&c. 
the other half to the Firevv^ardsof faid town. 

[I'his Act pafled June 27, 1798.] 



An ACT for incorporating a Number of the Inhab- 
itants of the Towns of Harwich, Dennis and Chat- 
bam, in the County of Barnflahlc, into a diHinct 
and feparate Religious Society. 

c jyE. it enacted by the Senate and Houfe of Reprefenta- 

■'-' tives, in General Court ajjembled, and by the authority 
of the fame. That job Chafe, Zcbulon Gage, Ifaiah Chafe, Nathan 
Ellis, Anthony Gage, Ben/ a mi n Nickefon, jun. Anthony Kelley, ^J^^"^'J^ '""'* 
IVilliam Eldridge, Jeremiah IValher, Edward Small, James Co- 
hoon, Nathaniel Chafe, Tisnas Chafe, Ebenezer Snow, Jeremiah 

Ellis, 



252 BAPTIST SOCIETY. Jww^ 27, An.1798, 

Ellisy George rh'dllps^ Levi EUls, Reuben Weeks, Anthony Chafe; 
Samuel Bajfet, Ezra Baker, WiHhin Rider, Enoch Chafe, David 
Eldridgc, Seth Walker, James Chafe, Job Chafe, jun. Obed E^ 
iSmith, Lot Chafe, Lot Clnfe, jun. Jofeph Chafe, Thomas Chafe, 
jun, Abner Chafe, Jeremiah Baker, Owen Chafe, Nathaniel 
Downs, Phinehas Nickerfn, Archelaus Chafe, Sylvamis Bakery 
IVilliam Chafe, Jofeph Kelley, Harfy Crowd/, Amos Crowell^ 
Godfrey Tripp, James Crowell, Elnathan Eldridge, Jofeph Gage, 
Samuel Tripp, Samuel Smith, Jonathan Clark, Reuben Small, Be~ 
najah Croivell, David Bafjd, Jabez Crowell, jun. Jabez Crowelly 
Small Phillips, Edward Small, jtin. Bariich Eldridge, Nathaniel 
Bajfit, John Bajfit, Obadiah Eldridge, Watfon Nickerfon, Daniel 
Bajfit, John Diar, and Solomon Nickerfon, members of the faid 
Religious Society, together with their polls and eftates, be, and 
Corporate they are hereby incorporated, by the name of The Baptijl Re~ 
»ame. ligious Society in Harwich, with all the privileges, powers and, 

immunities which pariilies in this Commonwealth are by law 
entitled to. 

Sect. 2. Be it further enacted by the authority aforefaid. That 
any and every peribn in the towns of Harwich, Dennis and 
Chatham, in faid county of Barnjlable, who may at any time 
Howtobecome ^^^^'^^t*^'" a<^tually become a member of, and unite in religious 
a member. worfliip with faid Society in faid Harwich, and give in his or 
her name to the Clerk of the pariPn to which he or flie belongs, 
with a certificate figned by the Minifter or Clerk of faid 
Society, that he or Ihe hath aclually becom.e a member of, and 
united in religious worfliip with faid Bnptift Religious Society 
in Harwich, fourteen days previous to the parifh meeting there- 
in, to be held in the month of March or April annually, fliall,. 
from and after giving fuch certificate, with his or her polls and 
Provifo. eftate, be conlidered as a member of faid Society : Provided 

however. That fuch perfon fhall be held to pay his or her pro- 
portion of all monies, aiTefled or voted in the parifh to which 
he or flie belonged previous to that time. 

Sect. 3. Be it further enacted by the authority aforefaid, That 
when any member of faid Society fliall fee caufe to leave the 
How to With- iame, and unite in religious worfliip with any other Religious 
Sodeiy^''"^ ' ^"^ Society in the tov/n or parifli in which he or ihe may live, and 
fliall give in his or her name to the Clerk of faid Baptift Reli- 
gious Society, with a certificate figned by the Minifter or Clerk of 
the paridi, or other incorporated Religious Society, with which he 
may unite, that he hath aftually become a member of, and united 
in religious worfliip with fuch other parifli, or other incorporated 
Religious Society, fourteen days previous to their annual meet- 
ing in ISlarch or April, and ihall pay his or her proportion of 
all monies voted in faid Society to be railed previous thereto, 
fliall, from and after giving i'uch certificate, with his or her 
polls and efl:ates, be coniidercd as a member of the Society to 
which he or fhe hath fo united. Sect,. 



ROCHESTER PRECINCT. Jkw^ 27, An.1798. 253 

Sect. 4. Be it further emiBed by the authority aforejaid^ That 
Ehenezer Broadbroohs, jun. Efq. be, and he is hereby authorized pjj.^^ meetine 
to ifTue his warrant, diredled to fomc principal member of the how to be call- 
faid Society, requiring him to warn the members of the faid ed« 
Society, qualified to vote in parifli affairs, to affemble at feme 
fuitable time and place in faid town of liarnvich^ to choofe fuch 
parifli officers as are by law required to be chofen in the month 
of March or ^pril annually, and to tranfa£t all matters and 
things nece^ary to be done in faid Society. 

[This A^ paired June 27, 1798.] 

An ACT to incorporate a Part of the Firft Precinct 
in Rochejier, in the County of Plymouth^ into a 
feparate Precinct, by the Name of 'The Fourth Con- 
gregational Precind in Rochejier, 
e jyE it enacted by the Senate and Houfe of Reprefenta' 

-^ tives, in General Court ajfembled^ and by the author- 
ity of the fame. That the eafterly part of the faid firft precinct in 
Rochefler, lying within the following lines, viz. Beginning at the 
bridge over Sippican River, near the dwelling-houfe of Caleb ^'""'*- 
JMendall, in faid Rochefler ; thence running fouth-wefterly, fuch 
a courfe as will ftrike half way between the dwelling-houfes of 
Benjamin Dsxter and Noah Dexter ; thence fouth, fuch a courfe 
as will ftrike William Negroes houfe ; and from thence to the 
line of the fecond precinft in Rochefler ; thence foutherly, in 
the line of the faid fecond precindt, until it comes to the fea ; 
thence turning to the left by the fea fliore, until it comes to the 
mouth of faid Sippican River ; and thence up the faid ftream to 
the bridge before-mentioned, together with all the inhabitants 
thereon, be, and they hereby are incorporated into a feparate 
precinft, by the name of The Fourth Congregational Precinct in Corpora s* 
Rochefler, with all the powers, privileges and immunities, which "=''"^- 
other precinfts in this Commonwealth are or may be entitled to 
by law. 

Sect. 2. Be it further enaBed, That Abraham Holmes, Efq. 
be, and he is hereby authorized and empowered to iflue his war- 
rant, diredted to fome principal inhabitant within the faid fourth 
precincl, requiring him to notify and warn the inhabitants of jrjrft nicetiii"- 
faid fourth precincl, qualified by law to vote in precin£l: meet- 
ings, to afiemble at fome fuitable time and place in faid fourth 
precinct, to choofe fuch officers as precincts are empowered to 
choofe in the months of March or Jpril annually, and to tranf- 
aft ail matters and things necefiliry to be done in faid precindl, 
[This A£y||ired june 27, 1798.] 

An 



254 HOPKINTON AQUEDUCT. 7«/?^ 27, An. 1798. 



Perfons in cor 
poraied. 



Corporate 
aame. 



An ACT to incorporate certain Perfons in the Town 
of Hopkinton for the- Purpofe of conducing Water 
from a certain Spring in faid Town, for the Ufe of 
a Number of Inhabitants thereof, by fubterraneous 
Pipes. 

q D-S it enacled by the Senate and Houfe of Reprefenta- 

■^ tiveS) in General Court ajjembledy and by the author^ 
ity of the famcy That Dr. Thomas Buckling Samuel 'Haveny jun. 
" Phillip BriggSy Aaron Chrjlin., John Goiddony Samuel Welch ^ Ben- 
jamin Norcrcfsy jun. Thovias Freelandy and Ifaac Clafliny withfuch 
others as are or may he joined or aflbciated with them or their 
fuccelTors, be, and they hereby are incorporated by the name 
of The Proprietors of the Aqueduct in HopkintoUy and by that 
name may fue and be fued : Providedy That nothing in this 
A(Sl lliall authorize the faid Proprietors to enter on, or to make 
ufe of private property without confent of the owner. 

Sect. 2. Be it further enaclcdy That the faid Proprietors, 
at any meeting warned as by this A£l is (or as by the faid Pro- 
prietors in lef^al ineeting iliall be) directed, may elect and 
choofe a Clerk and other ofhcers proper for a Corporation to 
chooie and have, for eifecl;ing the objc6t of their incorpora- 
tion. And the Clerk fo chofen fliall be duly fworn, and fliall 
m.ake true record of all the votes, a<fls and doings of the faid 
Corporation. And the faid Proprietors, in meeting as afore- 
faid, m.iy make any rules, regulations or by-laws refpe6ting 
the calling and governing the meetings, and ordering the 
tranfaclions and concerns of the faid Corporation, and the 
welfire and intereft of the fame, which they may think expe- 
dient, and impofe any fmes or forfeitures, not exceeding ten 
dollarsy and levy the fame in due form of law : Pro'uided al~ 
waysy That the faid rules, regulations and bj^-laws aforefaid, 
fliall not be repugnant to the Conflitution or lav/s of this 
Commonwealth. And any three of the perfons belore nam- 
ed, may call the firft meeting of faid Proprietors, to be 
holden in faid Hopkintofjy at any fuitable tinie and pUn-e, {f:^\en 
days after notification thereof is polled up at the meeting- 
houfe or fome other public place in the fiid to\7n. 

Sect. 3. And be it further cnaRcdy That the faid Proprietors 

Highways may may dig up any public or town way for conducting water as 

be dug up, aforefaid ; Provided^ they do not c)bftru6t the rightful ufe of 

the fame ; and any perfon wilfully injuring the faid Aqueduft, 

Aqiie(^i;cT; not fji^H be fubject to thc fame pains and penalties as arc provided 

in the fecond fection of the Aft, entitled, " An Act for the 

more eiFeclually preventing of trefu|ffes in divers cafes," and 

ihall alfo be liable to make good alrrtamages fo done to the 

faid Aqucdudt or Proprietors. 

[This Act paded June 27, 1798.] 

An 



To have; offi 
cert, and 



make rules. 



rirft mcctinj. 



to be injuii-J. 



PLYMOUTH CO. FISHERY. >n^ 28, An. 1798. 155 



B 



An ACT to fet off William Wat/on and Jafjies Wat/on, 
with their Eftates, from the Town of Warren, in 
the Coup.ty of Lincoln, to the Town of Tbomajiown, ' 

E it enacted by the Senate and Houfe of Reprefcntatives, in. 
General Court ajjemhkd, and by the authority of the fame. 
That William Wafon and James Watfon, of Warren^ in the 
county of Liticoln, together with their real eftate within the 
following metes and bounds, to wit : Beginning at a ftake at 
the head of the Narrows, fo called ; thence eaft-fouth-eaft to 
5/. George's River ; thence northerly up faid river, to the firfc 
bounds, be, and hereby are fet otF from faid town of Wart en, 
and annexed to the town of Thomafoivn in iaid county : Fro- Piovlfa. 
vided. That the faid William and James fliall pay all taxes here- 
tofore aiTefled upon them and their eftates by the town of War- 
ren aforeiaid : Btovided alfo. That the faid William and James 
fliall be aiTelied and held to pay all their refpeftive State taxes 
hereafter to be affeiTed upon them and their eftates, In and to 
the faid town of Warren, until the next valuation of this Com- 
monwealth, in the fame manner as though this Ace had never 
been paffed. 

[This A£t pafTed June 28, 1798.] 

An ACT for the Prefervation of the Fiui called Ale- 
wives, in Agazuam and Half-Way Pond Ri-vers, in 
the County of Plymouth, and for the regulating the 
taking faid Fiih, and for repealing ail Laws hereto- 
fore made for that Purpofe. 

- T}E it enacted by the Senate and Houfe of Reprefenta- 

I. £j fj^^s, in General Court ajenibled, and by the author- 
ity of the fame, That the towns of Plymouth and Ware ham Ihall 
annually, at their meetings in the fall of the year,- reipedlively 
choofe a Committee of not more than three peribns each, whofe committee 
duty it Ihall be, in the month of March annually, to fell ^^ feiTprivilcgc 
by public vendue the privilege of taking faid fifh at fuch of fifliing. 
.places, not exceeding two in laid towns, and on fuch days, not 
exceeding three in each Avcek, as faid Committee fliall agree 
upon and publifh in their conditions of fuch fale, wherein fa:d 
Committee fliall alfo exprefs the price at which the purchafers 
fliall fell faid fifh, provided it do not exceed tnvenfy-fve cents 
per hundred, and alfo the manner of taking and dilpoiing of 
the fame. 

Sect. 2. Be it further enabled. That the Committee of the 
faid town of Plymouth the iirft year, and the Committee of the Time of Com^ 
faid town of Wareham the fecond year, and lb on alternately "^^"^^^'^^™^^^^- 
forever, fhall notify the Town-Clerk of the other town concerned fied. 

in 



'W 



Penalty for ne- 
gleding to 
choofe Com- 
mittee. 



Fine for unau- 
thorized fifli- 
ing. 



Damg to be 
pened. 



2.^6 PLYMOUTH CO. FISHERY. June2^, knAjg^. 

in faid fifhery, of the time and place In which faid Committee 
fhall meet, ten days at leaft before the time of meeting ; and 
the majority prefent at any fuch meeting fhall have the power 
of the whole Committee. 

Sect. 3. Be it further enaBed, That if either of faid towns 
fhall negleft to choofe their refpedtive Committees aforefaid, or 
if either of fuch Committees fhall negledl to give notice as above 
required, they fliall feverally forfeit and pay to the ufe of the 
town which fhall choofe fuch Committee, for each oiFence the 
lum of one hundred dollars. 

Sect. 4. Be it further enaEled^ That all perfons except the 
purchafer or purchafers as aforefaid, or thofe employed by them, 
who fliall take any of faid fifli in faid rivers, or in any pond or 
flream having communication therewith, Sippicaji River ex- 
cepted, fhall forfeit and pay a fum not lefs than one dollar nor 
more than twenty. v 

Sect. 5. Be it further enaEledy That the owner or occupier 
of any dam on faid river, fliall annually, between the firft day 
of April and firfl: day of June following, for fuch term and in 
fuch manner as faid Committee fhall direct, open a fufhcient 
paflage for faid fifli through faid dam \ and on failure or negle£l 
of opening fuch palTage, or of continuing the fame as aforefaid, 
fliall forfeit and pay the fum of one hundred dollars ; and the 
faid Committee fhall have power to open fuch dam, when neg- 
ledled as aforefaid, at the expenfe of the Proprietor ; provided^ 
no more damage is thereby done the owner than is necefTary to 
efFe(Sl: faid purpofe. 

Sect. 6. Be it further enaHed, That if any perfon fhall 
make any wear or other obftruftiou to the free pafTage of faid 
fiih, or fhall make ufe of any feine to take faid filh in faid 
river, or in any pond or flream communicating therewith, the 
perfon fo offending fhall forfeit and pay a fum not lefs than otie 
dollar nor more than twenty : And faid Committee fhall have 
power, and it fhall be their duty to remove fuch wear or ob- 
flrucSlion at the expenfe of the perfon caufing the fame, and 
alfo to feize to the ufe and difpofal of faid towns any feine ufed 
as aforefaid. 

Sect. 7. Be it further enacted. That the Treafurers of the 
aforefaid towns refpeclively, are hereby empowered, upon the 
complaint of any of the Committee aforefaid, to fue for the 
recovery of any forfeitures incurred by the breach of any of the 
regulations provided in this A61:, and alfo of fuch further regu- 
lations as may from time to time be provided and eflabliflied 
by faid Committee : And all fines and forfeitures recovered for 
any breaches af )refaid, except fuch as are mentioned in the 
third feclion of this A6t, fhall, together with the proceeds of 
faid fifhery, be equally divided between faid towns ; and the 
Treafurers aforefaid refpedtively may, in behalf of their refpec- 

tive 



Penalty for ob- 
ftru&ions. 



Recovery of 
fineg. 



Appropriation. 



BEVERLY BRIDGE. yune2g,An.\ygS. 257 

live towns, recover in an adlion on the cafe, of any perfon or 

perfons, Corporation or Corporations withholding the fame, one .^^ 

half part thereof, in any Court proper to try the fame. T^k 

Sect. 8. Be it further ena^eJ, That the purchafsrs of the 
privilege of taking laid lifli as aforefaid, Ihall in all refpeila 
conform themfelves ta fuch regulations and conditions as faid 
Committee fhall publifli in their conditiQns of fale as aforefaid, ^'"^ ^^J "°^ 
and on failure thereof fhall forfeit and pay for each offence a contrad. 
fum not exceeding twenty dollars nor lefs than one dollar. 

Sect. 9. Be it further enacledy That any of the Committee Committee to 
aforefaid may be admitted as competent witneffes in any profe- be evidence, 
cution for the breach of any regulations as aforefaid ; and faid 
Committee, previous to entering upon the execution of their 
office, fhall be fworn to the faithful difcharge of their duty, as — to bo fworn. 
other town officers are fworn, and fhall receive out of the pro- 
ceeds of faid filhery the fum oifevetity cents each, for each day's 
fervice. 

Sect. 10, And he if furthef ena^edy That all laws hereto- 
fore paffed refpeding faid filhery in faid rivers, be, and the Former laws 
fame are hereby repealed, excepting fo far as may refpedl any repealed, 
penalties ah-eady incurred for the breach of faid laws. 
[This Aa pafTed June 28, 1798.] 

An ACT in addition to an Acl, entitled, " An Act 

for incorporating certain Perfons for the Purpofe j. ^ « 
of building a Bridge over the River between Salem 
and Beverly, and for fupporting the fame.** 

« TiE it enabled by the Senate and Houfe of Reprefenta- 

■^ fives, in General Court ajjeinhledy and by the author'- 
ity of the fame. That it fhall be lawful for the Proprietors of the 
faid Bridge to make the leaves of the draw thereof eighteen Length of 
feet long inftead of thirty-two feet, the prefent length of faid leaves, 
leaves. 

Sect. 2. Be it further enaEled, That if any perfon or per- 
fons fhall cart or carry on wheels any load over the faid Bridge, 
weighing more than forty-five hundred weight, he or they fhall Toll for more 
pay twenty-five cents toll for every hundred faid load fhall weigh '^^^ 45°° wt. 
more than forty-live hundred. 

Sect. 3. Provided neverthelefs, and be it further enaBed, 
That before the faid Proprietors fhall make any alteration in 
the length of faid draw, or fhall take any benefit of the pro- 
vifion in the fecond fe<Stion of this Ad, they fball be held to _ on Lord's 
reduce the rates of toll which they are now entitled by law to days reduced, 
receive on Lord's days, to the fame rates which they are enti- 
tled to receive on. other days ; and the privileges granted in 



Vol. II. 2....I 



the 



C58 BAPTIST FUND, &c. J^w. 22-29, An. 1799. 

the firft and fecond feflions of this AcSt, fliall be held only 
upon condition that fiiid Proprietors fliall make the reduction 
aforefaid. 

[This Aft pafled June 29, 1798.] 

An ACT in addition to an Ad, which paffed on the 
twenty-fixth Day of February^ in the Year of our 
Lord One thoufand feven hundred and ninety-four, 
entitled, " An Aft to incorporate a Society, by the 
Name of The Trujlees of the Baptiji Education Fund.''* 

WHEREAS, in and by the laft claiife of the A6i: aforefaid, 
it is declared, " That the faid Society fliall meet in the 
town of Bo/loiiy annually, on the day next after the lafl Wednef- 
day in Alay^ and at fuch other times and places, within this 
Commonwealth, as the Society fliall judge proper :" 

Be it cnaEled by the Senate and Houfe of ReprefentativeSy in Gen- 
eral Court affemhledy and by the authority of the fame y That fo much 
of the faid claufe as is afore recited, be repealed, and that the 
7a ^^T' r^^ ^^^^ Society fliall hereafter meet in the town of Boflon annually, 
i^ M^y '^^^ on the laft Wednefday in May, and at fuch other times and 
places, within this Commonwealth, as the Society flball judge 
proper. 

[This Aft pafTed January 22, 1799.] 



March 13, An ACT in addition to an Acl for confirming the 
*7^^* Records of a Plantation called Bridgeton, 

WHEREAS the book of records of the Proprietors of 
Bridgetouy wherein were recorded all pafl: votes and pro- 
ceedings of faid Proprietors in carrying forward the fettlement 
of faid plantation, on the night of the fecond day of OElober^ 
one thoufand feven hundred and eighty, was confumed by fire, 
by means whereof great lofs and damage may enfue to individ- 
uals, unlefs prevented by the Legiflature ; and it being made to 
appear, by a declaration of faid Proprietors, that in confidera- 
tion of certain fervices, therein mentioned to have been per- 
formed by Jacob Stevens and Benjamifi Kimball^ they had previ- 
cuflv voted the faid Jacob Stevens five acres of land, to be laid 
out in fuch manner as would beft accommodate his mills, alfo 
the lot number eight in the fifteenth range, together with the 
eighty-third right in faid townfliip, he paying the taxes on faid 
right : and that the faid Proprietors had alfo voted to the faid 
Benjamin Kimball the fixty-firft right in faid Bridgeton : 

Be it therefore enaBed by the Senate and Houfe of Reprefentatives^ 
in General Court ajfembled, and by the authority of the fame, That 
the feveral votes of the Proprietors of Bridgeton, before mention- 
ed, 



BAPTIST SOCIETY. Feb. i, An.1799. 259 

ed, fliall be held to be good and valid in law, fb as to fecure to Meflrs. Stevens 
the faid Jacob Stevens and Benjamin Kimball, their heirs and af- and Kimball's 
figns, the lands therein deJcribed, as fully as they might and ^oifirmcd '^"'* 
would have been by the original reco*-ds had they been pre- 
ferved. 

[This K^ pafled January 29, I799-] 

An ACT to incorporate a Number of the Inhabitants 
in each of the Towns of Sydney, Belgrade and Au- 
gujla, in the County of Lincoln, into a diftind: Re- 
ligious Society, by the Name of Tl}€ Firji Bapti/i 
Society in Sydney* 

c TiE it enaEled by the Senate and Hoiife of Reprefenta- 

■^^ fives, in General Court ajfembled, and by the author- 
ity of the fame. That Afa Wilbur, Caleb Leonard, William Deck- Perfons incor- 
er, Jethro Weeks, James Stedman, Wdliam Holloivay, John P ^ ^ 
Ward, jun. Othoniel Hammond, John Hamiftorid, Nathaniel Blake, 
John Ward, William Ward, Benjamin Bi/bee, Eleazer Cum- 
mings, John Jachfon, jun. David FiJJj, Jofeph Lumbart, Jeduthun 
Hammond, Samuel Jackfon, Ifnac Cottle, Jonas Saiutell, James 
Bacon, Caleb Trajk, Daniel Champney, Hezekiah Saivtell, jun. 
Amos Page, Daniel Mafjer, jun. James Hutchinfon, Timothy 
Reynolds, Benjamin Dyer, Edmund Hayward, Anthony Fought, 
Frederick Fought, David Reynolds, Nathaniel Reynolds, jun. Sam- 
uel Hovey, George Andros, jun. Robert Toivnfend, Joel Pro5Ier, 
Aaron Fall, Samuel Fall, Ifaiah Chafe, Jeremiah Robinfou, jun. 
fofhua Ellis, Daniel Wilbur, Ebenezer Trafk, Abiezer TraJk, 
Jacob Gooding, William Smiley, Alexander Smiley, John Bragg, 
Flint Barton, J<ffe Scudder, John Saivtell, and Benjamin Branchy 
with their families and eftates, together with fuch others as . 

have or may hereafter afTociate themfelves for the fame pur- 
pofe, in the manner hereinafter defcribed, be, and hereby 
are incorporated into a Religious Society, by the name'of 
ThefrJl Bapti/} Society in Sydney, with all the powers, privilegei Corporate 
and immunities to which other pariihes in this Commonwealth 
are by law entitled. 

Sect. 2. Be iifuf'ther enacled. That any perfon in either 
of the towns of Sydney, Belgrade, or in the north parifla of' 
Augufa aforefaid, being of the Baptift denomination aforefaid, 
who may at any time hereaftei'' adlually become a member of, 
and unite in religious worfliip with the Society aforefaid, and 
give in his or her name to the Clerk of the town or parifh to 
which he or flie belongs, with a certificate figned by the '^'j'^^^ o^ ^iffo- 
Minifter or Clerk of faid Society, that he or flie has aftually 
become a member of, and united in religious worfliip with the 
aforefaid Baptift Society in Sydney, fourteen days previous to the 

tov/n 



iSq 



EPISCOPAL SOCIETY. 



Feb. 2, An. 1799;. 



town or pariih meetings therein, to be held in the month of 
March or Jpril^ annually, flinll, from and after giving fuch 
certificate, with his or her polls and eftates, be confidered as 
Provifo.jj a member of faid Society : Provided however ^ That fuch per- 
fon fhall be held to pay the proportion of all money affefred 
in the town or parifli to which he or flie belonged previous 
to that time. 

Sect. 3. Be it further cnaBedy That when any member of 
faid Baptift Society fliall fee caufe to leave the fame, and 
unite in religious worfhip with any other religious Society, 
Mode of fepa- and fhall give in his or her name to the clerk of the faid Bap- 
ration, tift Religious Society, with a certificate figned by the Minifter 
or Clerk of the pariih, or other incorporated religious Soci- 
ety, with which he or flie may unite, that he or The has 
acftually become a member ofj and united in religious worihip 
with fuch other pariih or other incorporate religious Society, 
fourteen days previous to their meeting in March or Aprily 
and fhall pay his or her proportion of all money afleSed in faid. 
Society previous thereto, fuch perfon fhall, from and after 
giving fuch certificate, with his or her polls and eftate, be con- 
iidered as a member of the Society to which he or fhe has 
fo united. 

Sect. 4. And he it further eimBedy That Samuel Wefloriy Efq.. 
be, and he is hereby authorized and empowered to iffue his 
warrant, dire-fled to fome fuitable member of the faid Society, 
requiring him to notify and warn the members of the faid 
Society, to m.eet at fuch time and place as fliail be appointed 
Firft meeting. \^ faj j warrant, to choofe fuch officers as parifhes iii this 
Commonwealth are by law entitled to choofe in the month. 
of March or April annually. 

[This AcTt paffed February i, 1799.] 



?erfons incor- 
porated 



An ACT to incorporate fundry Inhabitants of the 
Town of Blanford, in the County of Hampfhirey 
and of the Towns adjoining thereto, into a Reli- 
gious Society, by the Name of The Frotejiant Epif-- 
copal Society in Blanford. 



Sect, i 



TyE it enaBed by the Senate and Houfe of Reprefenta- 
■^ tiveSy in General Court n£hnb/ed^ and by the author- 
it'^ of the fan:e, That Samford Thomfon^ Jedediah Srnith, RuJJell 
Aiwater^ Timothy Hatch, Samuel Sloper, William Knoxy 3d. IVil" 
Ham Thomjon-, David Hamilton^ Jofah Harvey, David Butler, 
John Welflery James Beard, James Sinnet, Luke Ofburn, Jona-^ 
than Frary, Nathan Stewart, Frederick Fall';, John Morton, 
James Slade, Tkcda Garret, David Hannan, James Hamilton, 

William 



EPISCOPAL SOCIETY. Feb, 2, An. 1799. %^i 

W^illiam Mont^ovieryy Charles Plum, Perry Buttofty George Sinithy 
Francis Hatniitony Benjamin Herringiofiy Samuel Moory George 
NieSyThomas Moory Ezehiel Cannon, Benjami7i BoivcrSy John Boiv- 
erSy Neivel Boiversy Oliver Knoxy Abijah Bahcocky Jecoh Plumj 
Jonas Johnjony William Mitchel, David C. OJburny Roger Parksy 
David KnoXy 2d. Matthew Blair, Seth Webjiery JVilliatn Wool' 
dridgey Phinehas AJhman, Timothy Linus Hatch y Nathan Gibbsy 
Samuel Sloper, jun. and John Frojly be, and hereby are incor- 
porated into a Religious Society, by the name of The Protejlant jiame. 
Epifcopal Society in Blanfordy with all the powers and privileges 
which parifhes in this Commonwealth are by law vefted with. 

Sect. 2. Be it further enaEled by the authority aforcfaidy That 
any perfon being an inhabitant of the faid town of Blanfordy 
or of any town adjoining thereto, may, at any time hereafter, 
become a member of the faid Society, by giving in his or her ^'^^^ of *"<>• 
name to the Clerk of the parifh to which he or ihe may at that 
time belong, together with a certificate, figned by the Minif- 
ter or Clerk of faid Society, that he or fhe hath adliually 
united and joined with the faid Society, fourteen days at leaft 
previous to the parifla meeting therein, to be held in the 
month of March or April annually ; And from and after thus 
giving in his or her name and fuch certificate, fuch perfon, 
with his or her polls and eftate, fhall, to all intents and pur- 
pofes, be conlidered as belonging to faid Society. Provided 
neverthelefsy That fuch perfon Ihall be held to pay his or her 
proportion of all monies voted or afTefTed by the parifh to 
which he or flie did belong previous to that time. And any f r . 

perfon being a member of laid Society, and having a defire to j-^tion. . 

leave the fame, and to join with the parifh in which he or 
flie may refide or be an inhabitant, may at any time here- 
after become a member of fuch parilTi, by giving in his or 
her name to the Clerk of faid Society, together with a certifi- 
cate llgned by the Minifter or Clerk of fuch parifh, four- 
teen days, at leaft, previous to the annual meeting of faid 
fociety in the month of March or April ; and from and after 
thus giving in his or her name and fuch certificate, fuch per- 
fon, with his or her polls and eftate, fhall, to all intents 
and purpofes, be conlidered as belonging to fuch parifli. 
Provided neverthekfsy That luch perfon fhall be held to pay his 
or her proportion of all monies voted or afTefTed by faid fo- 
ciety previous to that time. 

Sect. 3. Be it further enacted by the authority aforcfaidy 
That the faid Proteflant Epifcopal Society be, and they ^J'^'^'"^"*^' 
hereby are empowered to raife and eftablifli a fund, in fuch 
way and manner as they may fee fit, the income or intereft 
of which, or fo much thereof as fhall be found necefTary, 
fhall be appropriated and applied to the fupport of a Protef- 
tant Epifcopal Minifler of faid Society. Sect. 



0.61 



NEW-BEDFORD BRIDGE. 



Feb. 4, An. 1 799. 



Truftees. 



Sum limited. 



annually ex- 
amined. 



Sect. 4. Be it further enaBed by the authority nforefaid^ That 
Sanford Thomfon, Jedidiah Smithy Timothy Hatch^ RitJJell Ativa- 
ter^ and William Ktiax, 3d. be, and they hereby are conftituted 
Truftees of faid Society ; and they, and their fucceffors in 
office, are hereby vefted with full power and authority to re- 
ceive all fuch donations, fubfcriptions, monies and fecurities, 
and alfo all fuch grants and appropriations, either of real or 
perfonal property, for the ufe aforefaid, as may hereafter be 
made to the faid Society : Provided^ That the whole amount 
of fuch donations, fubfcriptions, monies, fecurities, grants and 
appropriations, do not exceed the fum or value of twelve 
thoufand dollars. 

Sect. 5. Be it further enacted by the authority aforefaid^ That 

t^^'^nl^ ^°t\ the faid Truftees, for the time being, llvall, from time to 
time, at the faid annual meeting of the faid Society, and as 
much oftener as they fliall be thereto required by a major 
vote of faid Society at any meeting legally warned and held 
for that purpofe, lay before the faid Society a fair ftatement, 
in writing, of the debts, credits, money and other property 
of the faid Society, in the hands of the faid Truftees, togeth- 
er with all the difburfements and expenfes which may have 
been incurred. 

Sect. 6. And be if further enaBed by the authority aforefaidy 
That Samuel Fowler^ Efq. be, and he is hereby authorized and 
empowered to ifllie his warrant, dire6led to fome principal 
member of faid Society, requiring him to warn the members 
of the faid Society, qualified to vote in parilli affairs, to af- 

Rrfl meeting, femble at fome fuitable time and place in faid town of Blaifordy 

to choofe fuch officers as pariflies are by law required to choofe 

in the month of March or April annually, and to tranfadl fuch 

other bufinefs as may be proper and neceflary in faid Society. 

[This KQi palled February 2, 1799-] 



An ACT repealing the fourth enacling Claufe of an 
Acl, pailed June^ One thoufand feven hundred and 
ninety-lix, entitled, " An Acl for incorporating 
certain Perfons for the Purpofe of building a 
Bridge over Aculflmet River, in the Town of New- 
Bedfordr 

TyE it enacted by the Senate and Houfe of ReprefeiitativeSy in 

■^ General Court ajjembledy and by the authority of the famey 

That the claufe in the Act aforefaid, providing « that no toll 

Free toll on the fh'^ll ^^ required of thofe who have occalion to pafs faitl Bridge 

Lord's day not on the Lor J's day, in order to attend public worffiip, nor o£ 

to continue children a"ofling faid Bridge, on either fide of the river in faid 

longer. town, in going to and from fchool," be, and the fame is hereby 

repealed. 

[This Ad paffcd February 4, 1 799.] An 



KENNEBECK RIVER BRIDGE. ^^^. 5, An. 1799. 263 

An ACT in addition to an Acl, entitled, " An ASl 

for incorporating certain Perfons for the Pur pofe Feb. 8, 1796. 
of building a Bridge over Kennebeck River, at Fort 
Wejiern, in the Town of HalhwelL'* 

WHEREAS the Proprietors of the Kennebeck Bridge have 
reprefented to the General Court, that the compenfa- 
tion they derive from the prefent toll is inadequate, and prayed 
for an enlargement of the toll over faid bridge : 

Be it enacled by the Senate and Houfe of Reprefentativesy 
in General Court ajfcmbled, and by the authority of the fame. That 
the claufe in the A<^ to which this is in addition, eftablifhing 
the rates of toll for paffing faid bridge, be, and the fame hereby 
is repealed, and that the following rates of toll be, and hereby 
are granted to, and eftablifhed for the benefit of the faid Propri- 
etors ; that is to fay, — For each foot palTenger, two cents; for each New toll, 
horfe with one rider, ten cents ,- for each fingle horfe-cart, fled, or 
fleigh, twelve cents and an half; for each wheel-barrow, hand- 
cart, and every other vehicle capable of carrying a like weight, 
four cent{ ; for each team including cart, fled or fleigh, drawn 
by more than one beaft, and not exceeding four, twenty-five cents ; 
and for every additional beaft above four, four cents each ; for 
each fingle horfe and chaife, chair or fulkey, twenty cents ; for 
each coach, chariot, phaeton or curricle, thirty-five cents ; neat 
cattle, exclufive of thofe rode on or in carriages or in teams,^^^^' 
cents for each ; flieep and fwine, one cent for each. This AiSl Duratloo »f 
to be in force for the term of twenty-five years from the pafling ^h'* ^^ 
thereof, and no longer. 

[This Adl palTed February 5, 1799.] 

An ACT exempting Mile Stream^ in the Towns of 
Vaffalboroiigh, Wi?iJ?ow and Harlem, from the Opera- 
tion of all Laws regulating the Salmon, Shad and 
Alewive Filheries in faid Towns. 

jyE it enabled by the Senate and Houfe of Reprefentatives, in 
•*-* General Court ajjembledy and by the authority of the fame. 
That all laws heretofore made, which regulate the Fifliery of 
Salmon, Shad and Alewives in Mile Stream^ fo called, within 
the towns of Vajfalboroughy Winfiow and Harlem^ in the county ^^^^^ ^^' 
of Lincoln, or that rcfpeft any mill-dam acrofs faid ftream, be the law. 
fo far repealed, that from and after the pafling this Adl, they 
Ihall ceafe to operate or have any effedl within the towns afore- 
f»id, fo far as refpeiSts faid Alile Stream or any part thereof. 
[This Ki\ pafled February 5, 1799.] 

An 



&^4 MARBLEH. MARINE SOCIETY. Feb. 1 1, An. 1799. 

An ACT to incorporate John D, Dennis^ and others, 
into a Society by the Name of The Marblehead 
Marine Society. 

WHEREAS John D. Dennis., and others, have petitioned 
to be incorporated into a Society, for the laudable pui*- 
'^ - pofes of promoting the knowledge of navigation and feaman- 
fhip, of giving relief to decayed and difabled Teamen, and to 
the indigent widows and orphans of deceafed feamen, and of 
others who may be members of faid Society. 
Incorporating Sect. 1 . Be it enabled by the Senate and Hoiife of Reprefent" 
claufe. ativesy in General Court ajfenibled^ and by the authority of the 

famey That John D. Dennis^ John Prince^ Thomas Hafket/^ and 
Nicholfon Broiightofiy together with all others who now are, or 
hereafter may be aflbciated with them, be, and they hereby are 
conftituted a Body Politic and Corporate forever, by the name 
of The Marblehead Marine Society^ and by that name may fue 
and be fued, plead and be impleaded, anfwer and be anfwered 
unto, defend and be defended, in all courts and places v/hatfo* 
ever, in all adlions, real, perfonal and mixed, and may do all and 
lingular other matters and things that to it fhall or may apper- 
tain to do : And the iaid Corporation fhall 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. Be it further enaEled^ That the faid Corporation 
May hold pro- jjg^ ^nd hereby is made capable in law of having, purchafing 
P^rty. J ^^^ holding in fee iimple, or any lefs eflate, by gift, grant, 

devife, or otherwife, any lands or tenements, or other eftate, 
real or perfonal : Provided, That the annual income of the 
fame Ihall not exceed the fum of^;v thoufand dollars / and alfo 
to fell, alien or difpofe of the fiime. 

Sect. 3. And be it further enaBed, That faid Corporation 
May appoint may ele£l: fuch officers, and may make, eftablifh and put in ex- 
officers, and ecution, fuch laws and regulations as the members thereof may 
aws. judge neceflary for its government : Provided^ That the fame 
Ihali be in no rei'pect repugnant to the laws and Conftitution 
of this Commonwealth. 

[This Adl palTed February ii, 1799.] 

An ACT for changing the Name of Jfaac Vofe to that 
of Ifaac D. Vofe. 

jxE it enaEled by the Senate and Houfe of Reprefentatives^ in 
■^ General Court afembled, and by authority of the famsy 
That from and after the pafling of this A61 the faid Ifaac Vofe, 
fon of Jofeph Vofe, of Miltcn, Efq. Ihall be allowed to take the 
name of ^aac D. Vofe, and by that name, inftead of his prefent 

Chriftian 



ftkST MASS. TURNPIKE, kc, Ff^. 13, An. 1799. 265 

cliriftian and furnames, fliall be kno\\'n and called, and that the 
lame fhall, to all legal intents and purpofes, be hereafter confid- 
ered as the only and proper name of the faid J^oj~e, and fhall 
avail him accordingly. 

[Thio A«St palTed February 12, I 799-] 

An ACT in addition to the A(^s eflablifhing the June ir, 17^6; 
Firll MaiTachufetts Tut-npike Corporation. 

c f^^ ^^ cfiaBed by the Senate ntid Hcufe of Reprefenta'- 

■^ tiveS) in General Court ajfcmhledj and by the author^ 
ity of thefa?fiey That the faid Corporation be, and is hereby 
empowered to cpmrnute the rate of toll with any perfon* or with ^n annual Aim 
the inhabitants of any town,, through which their turnpike road ^°^ toll may b« 
is made, by taking of him or them any certain fum annually, 
or for a lefs time, to be mutually agreed on, in lieu of the 
toll eftablilhed in and by faid A<Sts. 

Sect. 2. And be it. further enacted^ That ifaid Corporation . 
is hereby empowered to grant monies to fuch perfons as ren- ^^\^^ 
dered fervices td the Proprietors, in exploring the route of 
the turnpike i-oad or otherwife, previoufly to the A6t of in- 
corporation. 

[This Aft pafled February 13, 1 799.] 

An ACT to fet of^* that Part of the Eftate of Sinwon 
Cutler^ which Hes in Medzvay, in the County of 
X\WfoIk, and to annex the fame to the Town of 
Hoilifton^ in the County of Middlefe^c-^ for the 
Purpofe therein expreffed. 

T)E it enaBed. by the Senate ahd Houfe of Reprefentdttves^ in 
General Court affemblcdy and by the authority of the fame. 
That that part of the land now owned by the faid Simeon Cut^ 
ler, which lies In the f^id town of Medtuay, be, and hereby is 
let off frOm the faid town of Aledway, and annexed to the 
faid town of Hol/i/lan, for the purpofe of being fubje£led to 
taxation, in all future taxes iri pariili or minifterial charges 16 
the faid town of HoUi/ion. 

[This Aa ^z^qA Pchrtiary 1 3, 1 799.] 

An ACT to incorporate Stephen Hi7ginf9n and others, SeA. ro «. 
into a Company by the Name of The Bojion Marine ^^'^^^^^^"""^ 
Inftirancs Co/npany. 
(^ T}B it ena&ed by the Senate and Houfe of Reprefenta- 

tives, in General Court ajfemb/ed, and by the author^ 
ity of the famey That the faid Stephen Higginftnf and otliersi 

and 
Vol. IL 2.,..K 



266 BOSTON MARINE INS. CO. Feb.i^, An. 1799. 



Title. 



Limitation; 



Shares. 



and all fuch perfons as have already, or hereafter fhall become 
Stockholders in faid Company, being citizens of the United 
Statesy be, and hereby are incorporated into a Company and 
Body Politic, by the name of The Bojlon Marine Inftirance 
Company y for and during the term of twenty years after the 
paffing of this Ad ; and by that name may fue or be fued, 
plead or be impleaded, appear, profecute and defend to iinal 
judgment and execution, and have a common feal, which they 
may alter at pleafure ; and may piirchafe, hold and convey any 
eftate, real or perfonal, for the ufe of faid Company, fubjefl: to 
the reftrictions hereinafter mentioned. 

Sect. 2. And be it further enacted by the aitthority aforefaidj 
That a fliare in the capital ftock of the 'faid Company Ihall be 
one hundred dollars; and the number of fliares fhall not be lefs 
than five thoufand, nor more than eight thoufand two hundred : 
And if the faid number of (hares are not already filled, fubfcrip- 
tions fhall be kept open, under the infpe6lion of the Prefident 
and Dire£lors of the faid Company, until the fame fhall be 
filled i and the whole capital flock, efi:ate or property, which 
the faid Company fhall be authorized to hold, fhall never ex- 
Capital ftock. ceed eight hundred and twenty thoufand dollars, exclufive of pre- 
mium notes or profits ariling from faid bufinefs •, of which 
capital flock or property, twenty thoufand dollars only fhall be in- 
vefled in real eflate. 

Sect. 3. And be it further etiacled. That the flock, prop- 
erty, aflairs and concerns of the faid Company fhall be managed 
and conduced by twelve Direftors, one of whom fhall be the 
Prefident thereof, who fliall hold their offices for one year, and 
until others fhall be chofen, and no longer ; which Directors 
fliall, at the time of their elecllon, be Stockholders and citizens 
I>ircaors to be of this Commonwealth, and fhall be ele<fted on the firfl Mon- 
annually ckof- j.^^ -^^ January, in each and every year, at fuch times of the 
day, and at fuch place in the town of Bofon', as a majority of 
the Dire£lors for the time being fhall appoint ; of which elec- 
tion public notice fhall be given in at leafl two of the newfpa- 
pers printed in the town of Bofon, and continued for the fpace 
of ten days immediately preceding fuch election. And fuch elec- 
Modc of dec- *-^°" ^"^ ^^ holdcn under the infpeclion of three Stockholders, 
not being Dire(Stors, to be appointed previous to every election 
by the Directors, and fliall be made by ballot by a majority of 
votes of the Stockholders prefent, allo\\ing one vote to each 
fhare in the capital flock •, provided, that no Stockholder fhall be 
allowed more than fifty votes. And the Stockholders not pref^ 
ent may vote by proxy, under fuch regulations as the faid Com- 
pany fliall prcicribc : And in cafe of any unia'oldable accident 
the faid Directors fliould not be chofen on tlie finl Monday of 
January as aforefaid, it fhall be lawful to choofe them on anoth- 
er day, in manner herein prefcribed. 

Sect. 



tion. 



BOSTON MARINE INS. CO. Feb.i^, An.r799. 267 

Sect. 4. ^nd he it further enaBedy That the Direftors, fb 
chofen, fliall meet as foon as may be, after every ele£lion, and 
fhall choofe out of their body one perfon to be Prefident, who prefidcnt to be 
ihall preiide for one year, and be fworn faithfully to difcharge chofen. 
the duties of his office ; and in cafe of the death, refignation, or 
inability to ferve, of the Prefident or any Dire£lor, fuch vacan- 
cy or vacancies fhall be filled for the remainder of the year in 
which they may happen, by a fpecial eleftion for that purpol'e, 
to be held in the fame manner as is herein before directed, re- 
fpecfling annual ele^lions for Direflors and Prefident. 

Sect. 5. And be it further cfiaSledy That the Prefident and -> ^ ,~..^ 
fix of -'•he Directors, or feven of the Direftors in the abfence of rectors. 
the Prefident, fhall be a board competent for the tranfadllon of 
bufinef^ ; and all queftions before them fliail be decided by a 
majority of votes ; and they fhall have power to make and tq make regu- 
prefcribe fuch by-laws, rules and regulations, as to them fhall lationt, &c. 
appear needful and proper, touching the management and difpo- 
fition ox the ffcock, property, eftate and efFedls of faid Company, 
and the transfer of the fhares, and touching the duties and con- 
du6l of the feveral officers, clerks and fervants employed, 
and the eledlion of D.ire6tors,' and all fuch matters as apper- 
tain to the bufinefs of infurance, and fhall alfo have power to 
appoint a Secretary and fo many clerks and fervants for car- 
rying on the faid bufinefs, and with fuch falaries and allowances 
to them and to the Prefident, as to thefaid board fhall feem meet: 
Provided, That fuch by-laws, rules and regulations fhall not be 
repugnant to the Confhitution or laws of this Commonwealth. 

Sect. 6. And be it further enaEled, That there fhall be 
flated meetings of the Dire6lors, at leaft once in every month, Diretaors to 
and as often within each month as the Prefident and Board of ^"^^^"^1^"''^'^ 
Diredlors fhall deem proper : And the Prefident and a Com- 
mittee of three of the Diredtors, to be by him appointed in prefident to at- 
rotation, fhall afiemble daily, if need be, for the difpatch of tend daily, 
bufinefs ; and the faid Board of Direclors, and the Committee 
aforefaid, at and during the pleafure of the faid Board, fliall 
have power and authority, on behalf of the Company, to make in- Praperty, &c. 
furances. upon velTels, freight and goods, and againft captivity of ^° t« infured. 
perfons, and on the life of any peribn during his abfence by fea, 
and in cafes of money lent upon bottomry and refpondetitiay and 
to fix the premiums and terms of payment ; and all policies of 
infurance by them made, fhall be f ubfcribed by the Prefident, Policies to be 
or in cafe of his death, ficknefs, inability, or abfence, by any two H^^<^^ ^Y the 
of the Direftors, and counterfigned by the Secretary, and fhall ^^^^ Y^^t&or 
be binding and obligatory upon the faid Company, and have in certain ca- 
the like effedl and force as if under the feal of faid Company ; fes : Counter- 
and the afTured may thereupon maintain an adlion upon the cafe |;g"e<^ ^7 *he 
againft the faid Company •, and all lofles duly arifing under any ^'^ ^' 
policy, fo fubfcribed, may be adjufled and fettled by the Prefi- 
dent 



26S BOSTON MARINE INS. CO. K'^.I3, An. 1799, 

dent and Board of Dire£lors, and the fame {hall be binding on 
the Company. 

Sect. 7. And be it further enaBed, That it ihall be the duty of 
the Dire<^ors, on the lecond Monday of June and Decemver^ in 
^ ann all" <^'^'^i*y yS'H'j to make dividends of To much of the interelT: ariiing 
from their capital ilock, and the protiis of the faid Company, 
as to them flaall appear advifeabie j but the monies received and 
proper- notes taken for premiums on rifks, which ihall be undetermined 
: i to be and outftanding at the time of making fuch dividends, {liall not 
-■ fkr*^ ^*be confidercd as part of the profits of the Company ; and in 
",^^ . " cafe of any lofs or loiTes, whereby the capital (lock of the Com- 

k'ejt "^good. ^ P^"y ^^^11 ^^ ieflened, each Proprietor or Stockolder's eftate 
ihall be held accountable for the deficiency that may be due 
on his {hare or. fhares at the time of faid lofs or lofles taking 
place, to be paid into the faid Company by alTefTments, or fuch 
other mode, and at fuch time or times as the Dire(Etors {liall 
order j and no fubiequent dividend fhall be made until a fun^ 
equal to fuch diminution fhall have been added to the capital » 
Triennial ^"^ that once in every three years, and ofiener, if required by 
ftatement di- a majority oi the votes of the Stockholders, the Dire^Slgrs ih?U 
reded. Jay before the Stockholders, at a general meeting, an exaii; and 

particular liatement of the profits, if any there be, after dedu£l- 
ing lofTes and dividends. 
^Sect. 8. And he. it further snaBed^ That the faid Company 
Company pro- fliall not, direclly nor indire£l:ly, deal or trade in buying or fell- 
hibited Jfroiii jna any goovf;, wares, merchandize or commodities wbatibever j 
fpeculating. ^^^ ^^^ capital flock of faid Company, after being coUefted at 
_ . , each inftalmeni, fliall, within one hundred and twenty days, be 

£?eaed *° in inverted, either in the funded debt of the United States, or of 
public ftock. this Commonwealth, or in the ilock of the United States Hanky 
or of any incorporated Bank in this Comm-onwealth, at the 
difcretion of the Prefident and Direftors of faid Company, or of. 
Other officers which the Proprietors fnall for uich. purpofe ap- 
point. 

Sect. O. And je it fanher erraSred, That t/jirty dollars on 

Payment for each fhare in faid Company Tlull be paid within tv.-enty days 

ihares. after the firfl meeting of faid Company, and the remaining fum 

due on each ihare, within one year afterwards, at fuch equal 

inflalments, and under fuch penalties, as the faid Company fiiail 

Deluiqueiits dired; and no transfer of any fnare in faid Company Ihall be per- 

car.r.ot trans- niitted Or be valid uniil all the inflalmcnts on fuch fliare ihall 
fer fhaies. , , . , 

have been paid. 

., ^ ^ StCT. 10. And be it further enaE^ id ^ That no perfon, being 

Members of . , ^ , -^u r u,, , 

other marine either fingly Or as partner with one or more perfons, a member 

companies ex- of any Other Company, carrying on the bufinefs of marine infur- 
c'-.dcd fron.be- ^^^^^^ ihall bc elisible as a Director of the Company by this Ait 
^ng Diretitors „ i vji j - ' • ■ 

in thi«. eftiibhlhed. 



BOSTON MARINE INS. CO. M.i^, An. 1799. 269 

Sect, i i. ^nd be it fin'ther enaBcd h-j the authority aforefaid^ 
That the property of any member of laid Company, vefted in -, 
the ftock of faid Company, fhill be liable to attachment, and to ukeTfor^Iebt. 
the payment and fatisfaftion of his juft debts to any of his bona 
Jide creditors, in manner following, viz- In addition to the fum- 
inons by law prefcribed to be left with the defendant, a like p^y^ ^£ ^^ 
fummons {hall be left with the Secretary of faid Company ; and cefi, 
the debtors' fhares in the faid Company's funds, together with 
the intereft and profits due, growing thereon, or fo much there- 
of as fhall be fufficient, Ihall thereby be held to refpond faid 
fuit according to law j and all transfers of the debtors' Ihares, 
not noted in the books of the Company, previous to the deliv- 
ery of fuch fummons, ftiall be barred thereby, and execiitiop 
may be levied upon the property of any Stockholder in faid 
Company, and his fliare or fhares therein expofed to fale in the 
fame manner as is by law prefcribed where perfonal eftate is taken 
in execution ; and it Ihall be the duty of the officer who ex- 
tends fuch execution to leave an attefted copy thereof, with his 
(doings thereon, witl:i the Secretary of laid Company ; and the 
purchafers fhall thereupon be entitled to the reception of all 
jiividends and flocks which the debtor was previoufly entitled 
to : And upon any attachment being made, or execution levied 
on any fhares in faid Company, it fhall be the duty of the Sec- 
retary of faid Company to expofe the books of the Company to 
the officer, and to furnifli him with a certificate under his hand, 
in his offtcial capacity, alcertaining the number of fliaves the 
debtor holds in faid Company, and the amount of the divi- 
dends thereon due. 

Sect. 12. Ami be it fui-ther enaEled^ That in cafe of 
any lofs or loiTes taking place, that fhall be equal to the amount Prefident and 
of the capital ftock of the faid Company ; and the Prefident or Dircdor's pro- 
Diredlors, after knowing of fuch lofs or lofTes taking place, fhall P^^y ''*^|f "* 
fubfcribe to any policy of infurance, their eflates jointly and fev- 
erally fhall be accountable for the amount of any and e%^ery lofs 
that fhall take place under policies thus fubfcribed. 

Sect. 13. And he it further enaBed, That the Prefident 
and Dire£tors of laid Company fliall, previous to their fubfcrib- ^^\^ o^ capital 

. , ^ . - ' ^ r .-. . to be j><;blifli- 

mg to any policy, and once m every year after, pubhfh m two cd, and amount 
of the newfpapers printed in the town of Bofiony the amount of to be infured 
their ftock, aj^ainfl what rilks they mean, to infure, and the on one rifle, &c 
laygefl funi they mean to take on any one rifk. 

Sect. 14. And be it further enaEtcd^ That the Prefident State of Com- 
and Directors of laid Company fliall, when and as often as re- p*ny*» aftairs 
quired by the Legiflature of this Commonwealth, ^'' ^"f*^re ^^^ ^^^ ^'"^'^* 
them a fbatement of the affairs of faid Company, and fubmit to giflaturc. 
an examination concerning the fame, under oath. 

Sect. 15. And he it further enaded^ Tlvdt Stephen Higgift' ^cr^onsdiMthov- 
forij William Farfons, and IVillxam Sruth, Efquires, or any two ized to call firft 

' rraectiflgs. 



27^0 LOCKS AND CANALS. JI'^. 19, An. 1799. 

of them, are hereby authorized to call a meeting of the mem- 
bers of faid Company, as foon as may be, in Bcjloriy by advertif- 
ing the fame for three weeks fucceffively in two of the newf- 
papers printed in faid town, for the purpofe of their electing a 
firft Board of Directors, who {hall continue in office until the 
iirft Monday of January^ one thoufand and eight hundred. 
[This Acl palled February 13, 1799.] 

An ACT to change the Name of Gideon Thayer to 

Gideon Latimer Thayer. 
' jj}'F it enaBed by the Senate attd Houf'; of Reprefetitatives in 
•^ General Court ajfcrnbled, dHd hy the milho''ity of the fame ^ 
That from and after the paffing of this A<R:, Gideon Thayeiyoi 
Braintree, in the county df Norfolk-, fon' of the Honorable 
Ehetk"&er Thayer^ of faid town, be, and he hereby is authorized 
and allowed to take, ufe and bear the name of Gideon Latimer 
Thayer^ and by that name to be hereafter known and called in 
all procelTes and records whatever. 

[This h€t pailJed February 16, 1799.] 

An ACT in addition to an Acb, entitled, " An Act 

for dividing and feparating the Interefl or Propriety 

Feb. a7, 1794. in the Locks and Canals opening and propofed to 

be opened on Connecficiit River, in the County of 

HarnpfJjire^ called the Upper and Lower Canals. 

W'HEREAS the provifion contained in the aforefaid A<ft 
for enforcing the payment of taxes afleffed on the 
fhares in faid Corporation, appears to be inadequate to the 
purpofe intended by the fame : Therefore, 

Sect. 1. Be it enacted by the Senate and Hotfe of Reprefent- 
ativesy in General Court ajfmbledy and by the authority of the 
fame^ That wherever the Treafurer of faid Proprietors alrea- 
madeYe^a"*^"^ dv has, or hereafter fliall have advertifed, and expofed to fale 
at public vendue, any fiiare or fhares in faid Locks and Canals 
on which the taxes due are not paid in the m.anner directed 
and required by the A6t aforefaid for enforcing the payment 
of the taxes aflefTed and payable on fuch fliare or fl:iares, and 
no perfons have or fhall appear to purchafe the fame, and the 
taxes afTelTed thereon are or fliall remain due and unpaid, that 
in fuch cafe the Treafurer of faid Proprietors fliall and may no- 
Proprietors to tlfy the owners of fuch fliare or Ihares, defcribing the fame by 
be notified. their numbers, of his doings therein, by publifhing the fame 
in a newfpaper printed in Northampton and Springfeldy and 
ihall therein mention, that unlefs the taxes aflefTed and due 
thereon, together with the cofls of fuch advertifements, are 

paid 



P/eamble? 



Sales at vendue' 



NEPONSET R. FISHERY. Feb.ig, An.1799. 271 

paid to faid Treafurer, within four calendar months from the 
firft publication of fuch notice, fuch fhare or fbares will be va- - 
cated and extinguiflied, and the certliicates thereof of no va- 
lidity ; and that all monies paid thereon will accrue to and be 
for the ufe of the Corporation. 

Sect. 2. Be it further enaBed by the authorHy aforefaidy That 
whenever the faid Treafurer ihall have purfued the meafures The ftares of 
pointed out in the foregoing feftion, and the taxes c'iTefled on f^e'inquents to 
fuch fhare or ihares and the faid cofts are not paid to faid Trea- notice in new^ 
furer before the expiration of laid four months, and the faid papers, unkfs 
Treafurer lliall have given the Clerk of faid Proprietors a true frrears are paid 
copy of fuch advertifemcnts, with a certificate of all his doings p ^""5 "^''",'^^^* 
thereon, which ihall by faid Clerk be entered at large on the clerk to erafe 
Proprietors' book of records, fuch flaare or ftares fliall then be fiom the books 
vacated and extinguiflaed ; and the certificates thereof fhali 'h"^*= y^'^^o ^^'l 
not afterwards entitle the holder or owner thereof to any "hf afl-gj^^Jnt'^ 
right, intereft or privilege in the faid Locks and Canals, and after. legal no- 
all monies paid thereon fliall accrue and be to the ufe of the '''^'^' ^"'^ '^"'^ 
faid Corporation ; and all the toll or income of faid Locks and ^^^/* ^° ^^' 
Canals fhall be divided to and among the Proprietors holding ftock. 
the remaining fliares j any law heretofore made to the contra- 
ry notwithftanding. 

[This A61 palTed February 19, 1799.] 



B 



An ACT in addition to an Ad, entitled, " An Ad 

for regulating the taking of Shad, Alewives, and March 16, 
other Fifli in Neponfet River, and the feveral Streams ^797- 
from the Ponds called Punkapog and MaJfapogJ'* 

E it enaEied by the Senate and Hoiife of Reprefentatives^ in 
General Court afembled, and by the authority of the fame^ 
That the town of Stoughiony in the county of Norfolk^ may 
choofe a Committee to infpeft the fifliery in Neponfet River Sto"ghton to 
and the ftreams aforefaid, in the fame manner, and who fhall mittee. 
be under the fame regulations, fubjecl to the fame duties, and 
have the fame powers, as the like Committees for the feveral 
towns adjoining the aforefaid river and ftreams : And faid stouo-hton to 
town of Stonghton fhall have their proportionable part -with the fhare with Can- 
town of Canton of all profits arifing from faid fifhery ; and al-'"^- 
fo of all fines and forfeitures incurred by the breaches of the 
Act to which this is an addition, in the fame manner and to 
the fame extent it would have had, had the Aft, paffed the 
twenty-third day of February, in the year of our Lord one 
thoufand feven hundred and ninety-feven, entitled, " An Act 
to divide tiie tOAvn of Stoughton, in the county of Norfolk^ and 
to incorporate the northerly part thereof into a town by the 
name of Canton" never have been palTed ; any thing in either 
of the aforefaid Afts t6 the contrary notwithftanding. 
[This Aft paiTed February 19, 1799.] 

All 



372 LEBANON. iv^.19, An.i799« 

Fcb/"oriSoi! An ACT concerning the Proprietors of Lebanon, 

WHEREAS the Proprietors of Lcba/ion have reprefented 
to this Court that judgment has been recovered by 
William RogerSj Efq. agair.ft laid Proprietors, for the fum of 
eighteen hundred and tiuenty~four dollars and thirty-three cents, 
damages, and fifty-tivo dollars aftd eighty-tivo ccnts^ cofts \ and 
that they are not authorized by law to vote, levy and colle£t 
faid fums of and upon the Proprietors of faid Lebatwtiy in man- 
ner as is provided by a law of this Commonwealthj entitled, 
" An A£l in addition to, and to explain an Aft pafled the 
tenth day of Marchy in the year of our Lord one thoufand 
feven hundred and eighty-four, entitled, " An Acl for the bet- 
ter managing of lands, wharves, and other real eftate, lying 
in common," by reafon of the final divifion of their lands for 
more than ten years before the judgment aforefaid was recov- 
ered : 

Be it enaElcd hy the Senate and Hcufe of ReprefcvtativeSy in- 
General Court ajjembled, and by the authority of the fame, That 
aa^ jn^'corpo- ^^^ f^'*^ Proprietors may, and they are hereby authorized and 
rate capacity, empowered to aft in their corporate capacity for the term of 
two years from the time of paffing this A<SV, for the purpofe of 
doing and fufFering all fuch matters and things as they might 
have done and fuffered by virtue of the firft feflion of the A^ 
aforefaid \ any thing in the provifo of faid Adlto the contrary 
nctwithftandinj^. 

[This Aft palTed February tp, 1 799.] 

An ACT to alter the Name of Jeremiah Williams to the 

Name of yeremiah Wadfworth Williams. 
T)E it enaBed hy the Senate and Houfe of ReprcfentatlveSy ih 
■*-^ General Court ajfembled, and by the authority of the fame^ 
iJame changed. That from and after the pafllng this Ad, Jeremiah WilliamSy 
of Drdton, in the county of Berkfhire, fliall be, and he hereby 
is authorized and empowered to take, bear, and ufe the name 
of Jeremiah Wadfivoth Willinmsy and ihall be called and 
known by that name forever hereafter. 

[This A£t pafled February 21, 1 799.] 

An ACT to incorporate a Number of the Inhabitants 
in the Town of Wrentham, in the County of Nor- 
fclfc, into a Religious Society^ by the Name of T/je 
Congregational Society in Virenthatn, 

WHEREAS a number of the inhabitants of Wrentham 
aforefaid, have petitioned this Court, fetting forth, 

thai 



WRENTHAM CONG. SOCIETY. Feb.2j,kn.ijg(^. 273 

that they have raifed by fubfcription three thoufand eight hun- Preamble. 
dred and fixty dollars^ for the purpofe of eftablifliing a fund, 
the intereft of which is to be appropriated for the fupport of 
a Congregational Minifter for faid Church and Society, who 
ufually aflemble for the pubHc worfliip of God in the central 
meeting-houfe in IVrenlharn, and praying to be incorporated 
for the pnrpofe of holding and managing faid fund for the 
purpofe aforefaid : 

Sect. i. Be it enaEled by the Se?iate and Houfe of Reprefenta^ 
lives , in General Court c^ffemblcdi and by the anthority of the fume^ 
That the faid Petitioners, viz. Ralph Day, Lewis Whiting J^;^^^^'^ «ncos> 
Samuel Cowelly Benjamin Day, James MaufJi Comfort Robbins, ^ 
yafon Mann, Andrew Blahe, John George, Elias Ware, Calvin 
Fijher, Ebenezer Halves, jun. Thaddeus Whiting, John Guild, 
Daniel Blake, Beriah BrafozVi Theodore Gerald, Philip Blake^ 
Benjamin Halves, Benjamin Haiues, jun. David Fijher, jun. 
George Haives, Abijah Fijher, Timothy Metcalf, Richard Guild^ 
jun. Richard Fijher, Jonathan Reed, Job Col man, Elias Haven ^ 
David Metcalfe £hene%er Fijljer, jun. "John Belcher, Daniel Shaiv, 
Cornelius Kolloch, John Mejfenger, jun. Nathan Robinfon, Eli 
MeJJenger, Samuel FJIjer, James Fairbanks, Cyrus Bean, James 
Lie, Ifaac Benn-eit, Luther Fijher, Jeremiah Day, Jeremiah Pondf 
John Halves, Oliver Ware,]\\n. Je^njlm Norton, David Fiffjer, 
John- Hall, Robert Blake, Benjamin Shcpard, Nathan Blake, Thorn" 
as George, Lemuel Broivn, Amos Walton, Lemuel Brcivn, jun. 
Wiliuirn Broivn, Jonathan Felt, Jeremiah Alann, ]iin. Jofeph Gay, 
Nathan Haives, Paul Ware, Ezra Blake, Timothy FzJJjer, Samuel 
Fales, Amariah Hall, Jotham Davis, Eliphalet White, Richard 
Guild, John Blake, J^fon Blake, Whiting Guild, James GilmorCy 
Noah Buiterworth, Jacob Blake and Amos Archer, be, and are 
hereby incorporated into a Society by the name of The Con~ Corpcrate i 
gregational Society in Wrentham, and by that name may fuS and 
profecute, and be fued and profecuted to iinal judgment and 
execution. 

Sect. 2. And he it further enaBed, That faid Society, at 
any legal meeting thereof, (hall have pov/er to admit, within P'^'f°^» ^n" 
three months from the paffing of this A£l, any pedbn or per- niitted. 
fons, inhabitants of faid Wrentham, living v/ithin the bounds 
of the north parifli, and who have heretofore ufuaily congre- 
gated, and do now congregate at the central meeting-houfe, 
Hud who Ihall within tiiree months fubfcribe to the fund afore- 
faid ; whereupon fuch perfon or perlons fo admitted, fliall 
become incorporated with faid Society, and fliall be entitled 
to all the privileges which the perfons herein beforementioned 
are entitled to by virtue of this Aft. 

Sect. 3. Atid be it further enaEled, That faid Society, at 
any legal meeting thereof, fliall at any future time, have pow- 

#f 

Vol. II. 2,...L 



274 WRENTHAM CONG. SOCIETY. F^^. 21, An. 1799. 

Further per- ^^ ^^ admit any perfon or pcrfons, inhabitants of fald JVretit- 
fons who may ham^ living on the fouth fide of the boundary line of the north 
be admitted, parifh J whereupon fuch perfon or perfons fo admitted, fliall 
become incorporated with faid Society, and fliall be entitled 
to all the privileges thereof; and faid Society, at any legal 
May difmifs meeting, Ihail have power to difmifs any member thereof, re- 
member*. turning withal, the capital of his fubfcription, after which he 
fhall no longer be entitled to any privilege in faid incorpora- 
tion. 

Sect. 4. u^nd be it further enaciedy That the income, or 

annual intereft of the fum already fubfcribed, or which may 

Fund .ippro- ^^ hereafter fubfcribed, or given to faid fund, or fo much. 

priated to fup- thereof as may be necelTary, fhall be appropriated to the fup- 

port a minifter. port of a gofpel miniftcr, of the congregational denomination, 

to preach in the public meeting-houfe, near the centre of the 

town. 

Sect. 5. And he it further enacied^ That the faid Society 
fliall be, and hereby are made capable in law, of receiving 
Donations &c. and holding any grants or dcvifes of lands or tenements, in 
may be receiv- fee Ample, and any donations and bequeils of money, or oth- 
^^ er perfonal eftate, from any perfon or perfons whatfoever, and 

to ufe and improve the fame for the purpofe abovementioned: 
Provifo. Provided^ That the rents of the real, together with the income 

of the perfonal eftate of faid Society, Ihall not annually ex- 
ceed the fum of nine hundred dollars. 

Sect. 6. And he it further enaBed, That David FifJjery 
Truftees. Benjamin HaiueSj Benjamin Shepardy Samuel Cowelly and Lewis 

Whiting be, and are hereby nominated and appointed Truftees 
of faid Society, to continue in office until othersare chofen and 
have accepted to ferve in their room •, and that the Truftees 
Annual meet- aforefaid, and their fucceffors in faid oftice, be, and they are 
ings to be held, hereby empowered and directed to call a meeting of faid So- 
ciety annually forever, in the month of September, to choofe 
Truftees, Treafurer, Clerk, and all fuch other ofTicers and 
agents as may be found neceflary, and to make and eftablifii 
fuch rules and regulations, not repugnant to the Conftitution 
and laws of this Commonwealth, as they fliall think ncceftary 
and convenient for the orderly management of the afBiirs of 
faid Society. And faid Truftees ai*e alfo hereby empowered 
to call meetings of faid Society, at any other times befide the 
annual meetings when there fliall be occafion therefor. 

Sect. 7. u4nd be it further enaBed, That George Hatves be, 
Treafnrcr. and is hereby appointed Treafurer of faid Society, to continue 
in office until another may be chofen in his room, and fliall 
accept the office ; and he and his fucceflbrs in faid office, are 
hereby empowered to receive for the ufe of faid Society, all 
monies and other property, real and perfonal, which may be- 
long to the Society ; and under the dircdion of the Truftees 

of 



WRENTHAM NORTH PARISH. f>^. 2 6, An. 1799. tjs 

of faid Society, or the major part of them, to demand, fee for 

and receive from the feveral perfons abovementioned, fub- 

ftribers to faid fund, and thofe who may hereafter become 

liibfcribers, or their heirs, executors and adminifeators, the 

futns they have refpeftively fubfcribed, or which may be fub- 

fcribed for the purpofe abovementioned, and alfo all other 

debts which may become due to iaid Society, by bond, note, 

donation, or any other way ; and the faid George Hawes and 

his fucceflbrs in faid office, are to keep for faid Society, a fair, R«cord to be 

juft and regular book, with the ftate of the fund, and an ac- ^^^' 

count of all the income, donations, fubfcriptions, legacies and 

emoluments of whatever kind, and alfo of all expenditures of 

the fame, which are to be paid by order, ligned by the Truf* 

tees, or a major pai-t thereof; and he and his fucceflbrs in faid 

office fhall be fworn to the faithful difcharge of their duty. 

Sect. 8. And be it further enacted^ Oiat James Mann be, and ClcrL 
he is hereby appointed Clerk of the faid Society, and he and his 
fucceflbrs in faid office, fliall keep a fair record, in a book for 
that purpofe, of all the votes, proceedings and tranfaftions of 
faid Society, and he and his fucceflbrs in faid office fhall be 
fworn to the faithful difcharge of their duty. 

Sect. 9. And he it further enacted, That nothing in this 
A£l fliall be conftrued to affect the rights of property of any '^'g'^" ** 
individual or Society, or any arrears, or juft debts which have i,c affedcd. 
become due previous to this incorporation. 

Sect. id. And be it further ena^ed, That any Juftice of the 
Peace, in the county of Norfolk, on application made to him in 
writing, by three or more fubfcribers to faid fund, be, and 
hereby is authorized to iffue his warrant, diredted to fome fuit- Special meet- 
able perfon, being a member of the Congregational Society in '"g«* 
Wrenthani, and a fubfcriber to their fund, requiring him to 
warn a meeting of the members of faid Society, at fuch time 
and place, and to traniadl fuch matters as Ihall be exprelTed in 
faid warrant. 

[This Adt palTed February 21, 1799-] , 

An ACT to incorporate the Inhabitants of the north- 
erly Part of the Town of Wrentba?n, in the County 
of Norfolk, into a feparate Parifh. 

T}E it enacled by the Senate and Hcufe of ReprefentO" 
■'^ fives, in General Court ajjembled, and by the author'- 

tiy of the fame. That the inhabitants of the northerly part of , , . 

ly-j- ^r • ^1 r -T rir .' • i • r^ Inhabitants m* 

fVrentham, m the county or No folk, exceptmg as is hereniaiter corpoj^tcd. 

excepted, with their polls and ellates, north of a line drawn as 
follows, viz. Beginning at JValpole line, one hundred and fifty 
rods north of the D'edham Rock, (fo called j) from tlience run- 
ning 



Sect. 



276 WRENTIiAM NORTH PARISH. /IZ^. 26, An. 1799. 

nlng twenty rods fouth of the houre of Deacon Jacoh Pond ; 
from thence twenty rods fouth of the houfe of Charles Dupee ,- 
jun.^ froni thence fifty rods north of the houfe of Bctijamin 
Ware ; from thence the lame courfe to Frankii/t, be and they 
are hereby incorporated into a feparate parilh, by the. name of 
Corporate Xhe North Par'ijh hi IVrentham, with all the pov/ers, privileges 
"^"^^* and immunities which other parilhes are entitled to by the Con- 

flituiion and laws of this Commonwealth. 

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

_ . That the inhabitants living north of the aforefaid line, who 

ioin the Con- ^^^'^'^^ heretofore and are now coniidcred as congregating at the 

gregationalSo- centre meeting-houfe, in laid Wrentham, with their heirs and 

"cty. afRgn?, and Avho ihaii choofe to belong to the Congregational 

Society, convening at the centre meeting-houfe, and ihali fub- 

fcribe to the fund which is for tiie benefit of the Congregational 

■ I Society in IVrentham, within three months after the palling of 

this Acl, fxiali be exempted from taxation in laid north purilli. 

Sect. 3. And be it further enacted by the nuthority nf or efaidy 

That the inhabitants living fouth of the aforefaid line, and who 

Perfons from ^T^ J^*^"^'-'' confidered as congregating at the north meeting-houfe, 

the fouth par- and wifli to belong to the aforeiaid north parifli, Ihall be enti- 

ifti may join tied to all parochial powers, privileges and immunities, and fliall 

e nortn. ^^ equally iubjcdlto taxation as thofe who live in the laid north. 

parifii : Providedy They lliall give in their names to the Clerk 

of the fai^ nortii parilli within three months from the palling 

of this Act. 

Sect. 4. Be it further enacted, That at the expiration of 
Memters' ef- flx months from the pailiag of this Aft, the real e{l:ates of the 
tates, w leiey- j^-^g^^^gj-g of each Socictv, on which fide foever of faid line the 

er lituated in , i r j r; 1 1 • i r< • 

Wrentham, to lame may be lituated, ihall appertain to the Society to whica 
be taxed for the owner fliall then belong, and fiiall remain liable to taxation 
mmiaenalpur- f^j, miniflerial and parochial purpofes in faid Society forever. 

Sect. 5. And be it further enaBed, That nothing in this 
Rightsofprop- ^^^ ^1^^^ t)e conftrued to affedl the rights of property of any 
erty noc to be Society or individual within the town of U^reJithani, or anv ar- 
affedcd. rears, or juft debts which have become due previous to this in- 

corporation. 

Sect. 6. And he it further enacled by the authority aforefaidy 
Juftices _ of That any Juftice of the Peace in the county of Norfolk, upon 
warrant ' for ^Pplication made to him in writing, by two or more of the in- 
snectinjj. habitants of faid north parifh, be, and hereby is authorized to 

iflue his warrant, direftcd to fome fuilable inhabitant within the 
laid north parlfli, requiring him to warn the inhabitants thereof, 
qualified by law to vote in parifli affairs, to meet at fome con- 
venient time and place, to choofe fuch oincers as parifhes are 
empowered -to choofe in the months of March or April annu- 
ally, and to tranfa6l all matters and things neceilary and lawful 
10 be done in the faid parifli. 

[This Act palTed February 26, 1799.] 

An 



ROXBURY CHARIT. SOCIETY. Feb.26,An.i';cig. 277 

An ACT to incorporate a Society by the Name of 
Tbe Roxbury Charitable Society. 

„ T)E it enacted by the Senate and Hotife of Reprefenta- 

■'-' tivesy in General Court ajfembled^ and by the author- 
ity of the famcy That the Honoi-able John Loivelly Efquire, Perfons incor* 
Mr. William Lambert, Reverend Eliphalet Porter, Honorable poraced. 
John Ready Efquire, Nathaniel Ruggles, Efquu-e, Deacon Jajhua 
Feltofiy and Mr. John Williams^ with fuch others as have aflb- 
ciated themielves for this purpofe, be, and they hereby are 
conftituted a Society and Body Politic and Corporate, by the 
name of The Roxbury Charitable Society ,- and that tliey and na°Ig*"^ 
their fucceflbrs, and fuch other perfons as fiiall be legally elefted 
by them, lliall be and continue a body politic and corporate by 
that name forever. 

Sect. 2. ^nd be it further enacted by the authority aforefaidy 
That the members of faid Society fliall have power to elecl a -j-^ choofe a 
Prefident and all other neceffary officers ; and that the faid Prefident.have 
Society Ihall have a common feal, and the fame may break, * feal, &c. 
change and renew at pleafure ; and that the faid Society, by 
the name aforefaid, may fue and be iiied, profecute and defend 
fuits to final judgment and execution. 

Sect. 3 . And be it further enaBedy That the faid Society jvjay niate or- 
may make all proper and necefTary orders and by-laws for the dcrs and by- 
govcrnment of its members and property, not repugnant to the ^^^^^• 
laws of this Commonwealth. 

Sect. 4. And be it further enacted. That the faid Society 
ihall have power tp make and eftablilh rules for the eledion May regulate 
of its mem.bers and officers, and for the times and places of V^"^ ^^ .•°"** 

, P _ in aliign meetings, 

holding meetmgs, and the fame at pleafure to change, and fhall hold eftata, &.c. 
be capable to hold real and perfonal eftate, by gift, grant, de- 
vife or otherwife, and the fam.e to fell, alien and convey : Pro- 
vided however, TIaat the real eftate which faid Society fliall 
hold fliall never exceed the value of twenty thoufand dollars ; 
and that the perfonal property thereof fhall not exceed tlie fum 
or value of thirty thoufand dollars. 

Sect. 5-. And be it further enaBed, That the Honorable 
John Read, Efquire, be, and he hereby Is authorized and em- ^""^ meeting, 
powered to wai'n the firll: meeting of faid Society, at fuch time 
and place as he fliall think proper. 

[This Kdi paffed February 26, 1 799-] 

An ACT to fet off a Trad of Land from the Towns 
of Athol and Gerry, and to annex the fame to the 
Town of Royal/ion. 

T)E it enaBed by the Senate and Houfe cf Reprefentatives, in 
■"-^ General Court ajjembled, and by the authority of the fame. 
That a tract of land bounded as followeth, viz. Beginning on 

RoyalJlon 



t78 



SCITUATE FUND. 



Feb. 26, An. 1 799. 



Boundaries. Royaljlon line at a heap of flones, thence running fouth fifty- 
three degrees thirty minutes weft, fixteen rods and fixteen 
links to a heap of ftones by a large white pine ftump on the 

^ bank of Miller s River ; thence running fouth, croffing faid 

river, into the town of Gerry^ nine rods and nineteen links, 
to a large ftone with a hole drilled in the top ; thence fouth 
feverity degrees, eaft three rods, to a heap of ftones on the 
bank of faid river ; thence north four rods and nineteen links, 
to the middle of faid river, being the line between Athol and 
Gerry ; thence up the middle of faid river to Royaljlon line ; 
thence north five degrees, weft feventeen rods, to the bounds 
firft mentioned, be, and hereby is fet off from the towns of 
Athol and Gerry^ and annexed to the town of Royaljlon. 
[This A£l pafTed February 26, 1 799.] 



Annexed 
RoyaUlon 



Preamble, 



Ail ACT to confirm the Sales by the South Parifti 
in Scituate^ in the County of Plymouth^ of certain 
Lands given for the Ufe of the Miniftry in faid 
Parifh, and to incorporate certain Perfons as Truf- 
tees to manage the Funds raifed by faid Sales for 
the permanent Support of the Gofpel Miniftry in 
faid Parifh. 

'HEREAS the inhabitants of the fouth parifti in Scit- 
uate aforefaid, by agreement v^^ith and confent of the 
Rev. David Bartiesy their prefent Minifter, fold and convey- 
ed their parfonage lands, given as aforefaid for the purpofe 
of raifing a fund for the fupport of their prefent Minifter 
and his fucceftbrs as Gofpel Minifters, legally fettled by faid 
parifti in fucceflion forever ; the proceeds from the faid fales 
having been loaned to the public, and raifed a fund oifeven 
ihoufand three hundred and Jorty-feven dollars and thirty-three 
cents ,• and faid parilh having appropriated the annual intereft 
of the faid fund for the purpofe aforefaid, and having peti- 
tioned the Legiflature for an Act to confirm the faid fales, 
and to incorporate certain perfons for the due management 
of faid fund : 

Sect. i. Be it enacted by the Senate and Houfe oj Reprefenta- 
tivesj in General Court ajfembledy and by the authority of the fame ^ 
Sale confirmed. That the faid fales be, and are hereby confirmed ; and that 
rruftees ap- Elijah Turner ^ El'JJjci James ^ Charles Turner ■, jun. Samuel Tol- 
many and Jo/Jjua Jacobsy all of faid Scituntcy be, and they are 
hereby appointed and incorporated Truftees for the due man- 
agement of the faid fund, to receive and hold the whole of 
the monies and fecurities appropriated as aforefaid, to the 
amount oi feven thoufaud three hundred and forty-feven dollars and 
thirty-three ccntiy in truft for the ufe and benefit of faid parilh, 

and 



pointed. 



SCIT^TATE FUND. i^^^. 26, An. 1799. 379 

and the permanent fupport of a Gofpel Minifter ; and fliall 
conftitute a Body Politic and Corporate to have perpetual fuc- 
ceffion, for the due and faithful management of faid trui% and 
fliall be veiled with all powers incident to Corporations, ne- 
cefTary or requilite for that purpofe. 

Sect. 2. Be it further enacted^ That the Truftees before 
mentioned, and their fucceffors in office, be, and hereby are 
vefted with fufficient power to receive all fuch fecurities and 
monies as are now in the hands of the Treafurer of faid par- 
ifli, or any other perfon, or that may be made, given or fub- 
fcribed to the ufe aforefaid, provided the fame do not ex- 
ceed eight thoufand dollars in the whole ; and continue or place ^""'^ limited. 
the fame at intereft on good fecurity at their difcretlon, and 
apply the whole, or fo much as may be necefTary, of the inte- ^"'^''^.^ ^P" 
reft arifing therefrom, to pay the falary of fuch Minifter as fuppoit a mi'* 
aforefaid, as the majority of the Church and Congregation in iftcr. 
faid parifh have or may fettle ; but not in any cafe to lefTea 
or make ufe of any part of the principal ; and in cafe the 
whole of the faid annual income and intereft ihould be more 
than fufficient to pay the falary as aforefaid, then the furplus 
ftiall be appropriated to pay other necefTary charges of faid 
parifh, as faid parifli may from time to time order and dire£l : 
And if it fhall fo happen that faid Truftees fhall become feiz- Cafe of poffef- 
ed of lands or tenements by levying executions for the dif- ^^^" "^ hn^ 
charge of debts due to faid Truftees or parifh, or as fecurity 
for the payment of debts due to faid Corporation, and the fee 
thereof fliall, in due courfe of law, be vefted in them, it fhall 
be lawful for the faid Truftees, for the time being, to make 
and execute good and well authenticated warrantee deeds of 
the fame : Provided the fale thereof be concluded on at any 
legal meeting of faid parifli. 

Sect. 3. Be it further enaEledy That faid Truftees fliall Truftcei t« 
make annual i-eturn in writing of their proceedings and dif- ^^Jt^^" ^""'^* 
burfements, and lay the fame before faid parifli at their an- 
nual meeting in March or April for their iiifpe6lion. 

Sect. 4. Be it further ennBed, That when any vacancy 
happens among the faid Truftees or their fucceffors, either by 
death, reftgnation or removal, the faid fouth parifh, at any par- j^an^'^^ thl 
ifli meeting legally warned for that purpofe, fliall fill up faid Truflees how- 
vacancy within three months after it fliall happen, and if the '<» ^^ lupplied. 
faid parifli negledt fo to do within that time, then the faid 
Truftees, by a major vote, fliall have power to fill up fuch 
Vacancy. 

[This A«StpaiTed February 26, 1799.] 

An 



28o DIGHTON AND BERKLEY. Feb. 26, An. 1799. 

An ACT to fet off Part of the Town of Dighton, in 
the County of Brijiol, apd to annex the fame to 
the Town of Berkley^ in faid County. 

Q TiE it enacted by the Senate and Hotife of Reprefenta-^ 

■^ fives f in General Court ajjembledy and by t/je author" 
ity of the fame, That all the lands called Affonet Neck lying with- 
in the following bounds, now belonging to the town of Digh- 
tofij in the county of BriJIol, viz. Beginning at the head of a 
Boundaries. ^.^yg called Smithes Cove^ a bound between the faid towns of 
Dighton and Berkley, and ruunning fouth-wefterly by faid cove 
on the line between the towns aforefald, to the Great River ,- 
then running down ftream by faid river till it comes to AJfo~ 
net River ; then up ftream on Afjonet River till it comes to 
the line of the town of Freetown ; then runnino: north-eafter- 
ly on faid Freetown line till it comes to the line of faid town 
of Berkley ,- then north-weftcrly on faid Berkley line to the place 
Set off from gf beginning at the head of the cove, witli the inhabitants 
anifex'ed ^'to thereon, be, and the fame are hereby fet off from faid town of 
Berkley. Dighton, and annexed to faid town of Berkley : Provided, That 

Provifo. ^y^^ inhabitants living on faid tract of land (hall he holden to 

pay their proportion of all legal taxes which have been alTell^ 
ed, ordered or voted to be laid on faid Dighton by the inhabit- 
ants thereof, or by the General Court, in the fame manner as 
though this A<n had never paffed. 

Sect. 2. Be it further enacted. That the inhabitants fet 

off as aforefaid, {liall be holden to fupport Phyllis Ware, a ne- 

Phyllis Ware, ^^o woman, one of the poor of faid town of Dighton, from and 

after the fourteenth day of April next, for their proportion of 

the poor of faid town of Dighton. 

Sect. 3. And be it further enacted, That in all State 

taxes which fliall hereafter be granted by the General Court 

Berkley's pro- of this Commonwealth, until a new valuation Ihall be fettled, 

portion of tax- q^q eighth part of the taxes which would have been fet to the 

*^' town of Dighton, according to the laft valuation, fliall be taken 

therefrom, and fet to the faid town of Berkley. 

[This Acl paffed February 26, 1 799.] 



An ACT altering the Name of William. Roberts to Wil- 
liam Leate Roberts. 

TiE it cnaBed by the Senate and Houfe of Reprefentatives, in 
-*-^ General Court afjembkd, and by the authority of the fame. 
That from and after tlie pafung of this Aft, William Roberts, 
of Bcjhn, in the county of Suffolk, fon of John White Roberts, 
iate of faid Bojlon, deceafed, be, and hereby is authorized and 

empowered 



Bl^IDGEWATER ACADEMY. Tek 26, An. 1799. 2:8 1 

enripowered to take, ufe and bear the name of TVilll^m Leate 
'RobcTtSy and by that name to be hereafter known and called 
m ^jl proceil'es and records whatfoever. 

[This A61 palTed Fibmnry 25, 1 799.] 

An ACT for eftablifhing an Academy in the South 
Precind of Brid^ewatcr, by the Name of Bridge' 
water Academy, 

WHEREAS the Rev. Zedcklah danger and others have 
fiibfcribed the lum of th'-ee thoufand dollars for the pur- Preambfe. 
Jx)fe of ere(£ling and fupporting an Academy in the fouth pre- 
tinft of Bfidgcwater, in tlie county of Plymouth^ and it appears 
that {aid preciiicl is a fuitable place for fuch an inftitution : 

SECf . I. Beit nia&ed by the Se?iate tind Houfe of Reprefenta~ 
'fives, in General Court ajfeinbled J and by the authority of the fame. 
That there be, and hereby is eftabliOied in the fouth precinft 
of Bridgewnter, in the county of Plymouth, an Academy by the 
name of Bridgewdter Academy^ for the purpofe of promoting 
piety, religion and morality, and for the education of youth 
in fuch languages, and in fuch of the liberal arts and fciences 
as the Tx-uftees hereinafter named lliall diredl : And that the 
Rev. Zedekiah Sanger, the Rev. Gad Hitchcock, the Rev, fo^ 
feph Barker, the Rev. Samuel Niles, the Rev. Ephraim Briggs, Truftee* 
the Hon. tVilliam Sever, the Hon. N,ithan Cufhing, the Hon. 
George Partridge, the Hon. Jofbua Thomas, the Hon. Ifaac 
Thompjon, the Horl. Beza Hdyward^ the Hon. Ephraim Spoonery 
the Hon. Dnftiel Howard, Abraham Holmes, Elijha Ruggles, Nc^ 
ah Fearing, Kilborn U^ hitman, Daniel Howard, jun. John Nel- 
fon, Benjamin Whitman, Elijah Bifvee, Nehsmiah Cobb, Charles 
Turner, Nehcniiah Dennett, and Nnhum Mitchell, Efquires, Dr. 
Ifaac Winjlow and Mr. William Davis, be, and hereby are in- 
corporated into a Body Politic by the name of The TruJJces ofCorpotntz 
Bridgewater Academy, and that they and their fuccelTors fhall "^"^«* 
be and continue a Body Politic and Corporate by the fame 
name forever. 

Sect. 2. Be it further enabled, That all the monies, lands 
or other property and things already fubfcribed and given, or '' "^^'^ *^"° 
which fhall be hereafter given, granted, devifed, bequeathed, 
transferred or afligned to the faid Truftees for the purpofes 
aforefaid, or either of them, fhall be confirmed to the faid 
Truftees and their fuccefTors in that truft forever ; and that 
the faid Ti-uftees may have and hold in fee fimple, by gift, 
grant, devife, bequeft or otherwife, any or all lands, tene- 
ments, hereditaments and other eftate, real or perfonal ; pro" 
vided the annual income thereof fliall not exceed the fum of 

Vol. IL 2....M 



282 BRIDGE WATER ACADEMY. Feb. 26, An. 1799. 

Jive thou/and dollars, and may fell and difpofe of the fame, and 
a(5ply the rents, iffues and profits thereof in fuch manner as 
the end and defign of the faid inftitution in their difcretion 
may require. 

Sect. 3. Be it further enabled. That the faid Truftees 
Truftees may fl^^ll have power from time to time to ele<5l fuch officers of 
appointofficers. ^^^ ^^^^ Academy as they Ihall judge neceffary, and to fix the 
Remove a tenures of their refpe£tive offices ; to remove any Truftee 
Truftc-s. from the Corporation when, in their opinion, he fhall be in- 

capable by reafon of age or otherwife, of difcharging the du- 
ties of his office ; to fill all vacancies in faid Corporation ; to 
Regulate their determine the time and places of the meetings of faid Corpo- 
eledions. ration, the manner of notifying, and the method of electing and 
removing Truftees ; to ele6t, and prefcribe the powers and du- 
ties of the officers of faid Corporation, and alfo prefcribe the 
powers and duties of the Preceptor, Teachers, and all other offi- 
cers of the Academy •, and to make and ordain reafonable 
rules, orders and by-laws, not repugnant to the laws of this 
Commonwealth, with reafonable penalties, for the good gov- 
ernment of faid Academy. 
May have a Sect. 4. Be it further enacted. That the faid Truftees may 
" * have a common feal, which they at pleafure may break, alter 

and renew ; and that all deeds figned and fealed with fuch feal, 
delivered and acknowledged by the Secretary of faid Corpora- 
May fue and tion by order of the faid Truftees, fhall be good and valid in 
fee fued. jjj^ . a,-,j |.|^at thg fjii(i Truftees may fue and be fued in all ac- 

tions real, perfonal and mixed, and profecute and defend the 
fame to final judgment and execution by the faid name of in- 
corporation. 

Sect. 5. Be it further enacted. That the number of the 
Kumlier of Truftees of fiiid Academy fnall not, at any one time, exceed 
Trufwes limit- the number herein incorporated as aforefaid, nor be lefs than . 
^» fifteen j eight of whom fiiall conftitute a quorum for doing 

bufinefs. 

Sect. 6. Be it further enacted. That there be, and hereby 
Land granted. J3 granted to faid Truftees and to their fucceflx)rs for the pur- 
pofes aforefaid, one half a townfhip of fix miles fquare, of the 
unappropriated lands belonging to this Commonwealth in the 
Diftri(5t of Maine, excepting the townfliips on Penobfcot River ; 
to be laid out and afligned to them by the Committee for the 
fale of eaftern lands, under the reftriiSlions and refervations 
made in fimilar grants. 
rirftme«tlnff- Sect. 7. And be it further ejiacled. That the Hon. Beza 
Hayivard, Efq. be, and hereby is authorized to fix the time 
and place for holding the firft meeting of faid Truftees, and 
to notify them thereof. 

[This A^ pafl'ed February 26, 1799.] 

An 



CHELSEA BEACHES. T^^. 28, An.1799. 183 

An ACT to annex the Townfhip Number Four, in 
the Firft Range, north of the Waldo Patent, to the 
; County of Kennebeck, 

WHEREAS the faid townfhip now lies partly in the , 

county of Kennebech, and partly in the county of Hati" 
tock) and many inconveniences may arife therefrom : 

Be it enaEled by the Senate and Houfe of Reprefeniativest 

in General Court ajfemhledy and by the authority of the fame ^ That 

townfhip Number Four, in the firfl range, north of the Waldo 

patent, be, and hereby is annexed to the county of Kennebech 

[This A6t pafTed February 28, 1 799.3 

An ACT to prohibit the taking of Stones, Gravel or 
Sand, from the Beaches in the Town of Chelfea, 

- T)E it enabled by the Senate and Hotfe of Reprefenta" 

■'-' tives, in General Court ajpmbled, and by the auther- 
ity of the fame. That from and after the pafling of this Act, it ^^*"0''*l of 
fhall not be lawful for any perfon or perfons to take, carry away hiWied. *^ ^'°* 
or remove, by land or by water, any ftones, gravel or fand, from 
any of the beaches or fliores in the faid town of Chelfea^ except- 
ing that part of the beach, which is included between the point "^P*'*"** 
of pines, fo called, and a cedar poft. Handing on the beach, about 
three hundred and fifty rods fouth-weft from faid point of 
pines. 

Sect. 2. And be it further enaBed by the authority aforefaid^ 
That any perfon or perfons, who, contrary to the intent of this 
Aft, fhall take, carry away or remove any ftones, gravel or fand, 
from any of the beaches or flaores In faid town of Chelfa^ except- 
ing the portion of beach between the point of pines and the 
poft aforefaid, fhall forfeit and pay two dollars for each and Penalty* 
every ton of ftones, gravel or fand fo taken and carried away, 
and in proportion for a greater or lels quantity ; one moiety of 
faid penalty to the ufe of the profecutor, and the other moiety 
to the ufe of faid town, to be recovered by adlion of debt in any 
court proper to try the fame. 

[This A61 pafTed February 28, 1799.] 

An ACT to fet off Part of the Town of Woburn, in 
the County of Middkfcx, and to incorporate it into 
a Town by the Name of BiirUngto7i. 

c T\^' ^^ ena&cd by the Senate and Houfe of Reprefenta" 

tives, in General Court ajjimbled, and by the author- 
ity of the fame, That the north-wefterly part of the town of 
Wiburn, comprehending a part of the two pariflies in faid town, 

contained 



$H 



Boundaries 
torporatei 



Taxes. 

Pebts. 

property, 
Paupers. 

K,ua^ 



BURLINGTON. Fe^ 28, An. 179$, 

contained within the following defcribed line, viz. Beginning 
. _ at the moA: fouthwardly angle of the town of IFu'mifigtof/, at at 
ftake and heap of ftones near Cold Spring Bridge, lb called j 
from thence running fouth abcyt two degrees wed, about 
three hundred and ninety rods to a white oak tree marked, at 
the fouth-eaft corner of ^aqc J^larions birch pafture, fo called jj 
from thence fouth nine degrees thirty minutes weft, one hun«« 
dred and feventy rods, to a heap of ftones at the fouth-weft 
corner of land, which Deacon Xiwothy Winn now owns, pur- 
chrxfed of Jonathan Wymanh heirs ; from thence fouth fixty-ilx 
degrees weft, thirty-four rods and feven-tenths, croffing a road, 
to a heap of ftones at the north-eaft corner of a yard north of 
Jofeph Wimis barn ; thence fouth fourteen degrees thirty min-. 
mes eaft, fixty-five rods and five- tenths to a wall in faid 
Jofeph Winn^s land j thence fouth feventy-fix degrees weftj 
two hundred and twenty rods to a heap of ftones at the foutht 
weft corner of J'Jiah Walheys field ; thence ibuth eight degrees 
thirty niinutes eaft, five rods fifteen links to the fouth-eaft cor^t 
. n^r of Ezra Wpncjih land ; thence fouth fifty degrees weft,^ 
thirty-eight rods on faid Wyinan?. land to a bend in a ftone wall j 
thence fouth feventy-eight degrees thirty minutes weft, twenty- 
nine rods by faid Wy^nan's land to a ftone wall j thence fouth 
iixty-feven cjegrees weft, thirtyrtwo rods to the county roa4 
in front of faid. Wyman''s dwell ing-houfe ; thence the fam<j. 
courfe until it interfeds the prefent eftablilhed line between the 
two parifhes in faid Wohurni fuppofed to be about eight rodsj 
thence on faid eftablilhed Jine four hundred and nine rods to 
Lexington line ; thence all other ways as the faid fecond 
parifh is bounded by tlie towns of Lexington, Bedford^ JBi/krica.^ 
and Wilmington, until it comes to the firft-mentioned bounds, 
together with the inhabitants thereon, be, and they hereby are 
incorporated into a town by the name of Burlington ^ and the 
faid town is hereby invefted with all the powers, privileges and 
immunities which other towns in this Commonwealth do o? 
may enjoy. 

Sect. 2. J^nd be it further enacted by the authority aforejaidy 
That the inhabitants of the faid town of B-nrlingtoii fliall pay all 
the arrears of taxes which have been aflefled upon them by the 
town of Wohurn : And the inhabitants of faid town of Burling- 
ton (hall pay their proportion of all debts now due from the 
town of Woburn, and Ihall be entitled to receive their proportion 
of all debts and monies now due to faid town of }Volmrny and 
alfo their proportionable part of all other property of the faid 
town of Wobuniy of what kind or dcfcription Ibever, and alfo 
£hall take and fupport their proportionable part of the pauper^ 
that now belong to the laid town of Wohurn. 

Sect. 3. jind be it Jurthev enailed by the authority aforefaidy 
That the county roads now laid out witiiin the faid towns of 

Wcburfi, 



MONATIQUOT R. FISHERt. March i, An.i799, 485 

JiTohurn and Burlingtony and not opened, fhall be divided into 
equal proportions agreeable to the laft valuation ; And faid 
towns of Woburn and Burlington fhall, at their ovm expenfe, 
open, clear out, bridge, caufeway, and put in good palTable re- 
pair, for teams and carriages, their faid proportion of the faid 
xoads within the time limited by the Court of General Seilions 
of the Peace for the county of Middle/ex ,- and in cafe of any 
difagreement between the faid towns of JVohwn and Bii*'li>^gt''^i}i 
with refpefl to the divifion of faid roads, the faid Court of Gen^ 
eral Seffions of the Peace for faid county may, on applica- 
tion from either party, make or order fuch divifion : Provided 
however i That when the faid roads Avail be put in repair a$ 
aforefaid, the faid towns of Woburn and Burlington fhall main- 
tain and keep in repair the roads lying within their refpeiStive 
boundaries, 

ISlct. 4. ^nd be it further enaSied by the authority aforefaid^ 
That until a new general valuation is taken, the State taxes VaI"«K>«. 
which may be called for from faid to^vns of Woburn and Bur^ 
lington^ Ihall be levied in fuch proportions as fliall be agreed on 
by the inhabitants of the faid towns \ and if the faid towns fhall 
not agree, then, unlefs one of the faid towns fhall exhibit to 
the General Court evidence that the proportion ought to be 
ptherwife eflablifhed, the proportion of the faid town of Bur^ 
Ungton fliall be at the rate of one-^third of the fum which, by tlie 
lafl valuation, is fet to the whole of the faid town of Woburn. 

Sect. 5. Jlnd he it further ennEled^ That John Waike,-y Efq, 
be, and hereby is authorized and diredled to iffiie his warrant, 
directed to fome principal inhabitant of faid town oi Burlingtony 
requiring him to warn and give notice to the inhabitants of faid 
town to meet at fonie fuitable time and place in the f'lid town, 
to choofe all fuch ofKcers as towns are required l>y law to choofe Officer* 
^t their meeting in March or jipril annually, 

[This A(ft pafled {'ebruary 28, 1 799-] 

An ACT to regulate the taking of the Fifh called 
Alewives, in Monatiquot Rher, in the I'own of 
Bratntree, 
^ Di? iV cnaEled by the Senate and Houfe of Reprefnita" 

tives, in General Court ajjeinbled^ and by the author-- 
ity of the fame, That the town of BraiutrcCf at their meeting 
in March or y^pril annually, may, ana they are hereby autho- 
fized to regulate the taking of the fifh called alewives, in thorked.""^'*" 
Monatiquot River, by fixing upon the times, places and man- 
ner of taking faid tilh, and the price at which faid lifli when 
taken may be fold, not exceeding twenty-five cents for one hun- 
^|-ed fifli ; and alio to direct their Committee to farm out or 

fell 



£86 MONATIQUOT R. FISHERY. March i, An.1799. 

Reeulations to ^^^^ ^^^ privilege of taking faid fifli : which regulations when 

be adopted. made, fhall remain in force for one year next enfuing, and af- 
terwards until new regulations in manner aforefaid, fhall be 
. adopted by the town : And it fhall be the duty of faid town, 

iifli Commit- at their aforefaid meeting annually, to choofe three difcreet 

•ee. perfons, whofe duty it lliall be to infpect faid river, to caufe 

the regulations refpe£l:ing faid fifliery to be carried into efFeft, 
and to profecute all violations thereof that fhall com.e to their 
knowledge, and who fliall alfo be fworn to the faithful per- 
formance of their duty, in like manner and under like penalties 
as other town officers. 

Sect. 2. Be it further enaBed, That the owners or occupiers 
of dams acrofs faid river fliall, during the time faid fifh are 

pened. ° °" pa^^g "P> open a paiTage through, over, or round their ref- 
pe£live dams, fulEcient for the paflage of faid fifti, in the 
opinion of the Committee, under penalty of ten dollars for each 
and every twenty-four hours that they fhall neglect to open a 
paflage as aforefaid, from and after faid owner or occupier has 
been notified and required in writing, by faid Committee, for 
the fpace of two days, fo to do. 

Sect, 3. Be it further enaSledy That if any perfon fhall 
make any wear acrofs faid river, or caufe any obftru£lion to 
the free paflage of faid fifli, or if any perfon fhall prefume to 
take any of faid fifh, except at the places and on the days al- 
lowed by the town, or if any perfon other than the purchafers 
or farmers of the faid privilege, or thofe employed by them, 
fliall prefume at any time to take any of faid fifh, or if the 
perfon taking faid fifli, fliall fell them at a higher rate than 
what the town fliall allow, the perfon fo ofl'ending fhall, for 

1 n^^ t k"' ^^^^^ offence, forfeit and pay a fum not more than^v? dollars, 

the fifn. nor lefs than one dollar^ at the difcretion of the Juflice before 

whom the fame may- be tried. 

Sect. 4. Be it further e>'acled. That all penalties incurred 
by a breach of "any regulations refpefling faid fifliery, may be 
fued for before any Juflice of the Peace for the county of 
No folk , by the Trenfurer of faid town ; and the Committee 

The Commit- aforefaid may be competent witnefTes in any profecution for 

evidence. ^ breach of this Acl, notwithftanding they may be complain- 

ants in faid profecution. 

Sect. 5. Be it further enaBedy That all fines recovered 

Appropriation for the breach of this A61 fliall be for the ufe of the town of 

pf fines. Brainiree. 

Sect. 6. Be it further enaEled^ That the Committee chof- 
en by virtue of this A61, fhall be compenfated for their fervice 

Committee to by the town of Brainiree^ at fuch rate as the town fhall agree 

be comp cnfa- ^p^^j-^ .^j. ^j^^ j-j^^g ^^ity are chofen. 

[^This Act pafled March i, 1799O 

A» 



FRAMINGHAM ACADEMY. March i, An.1799. 287 

An ACT for eftablilhing an Academy in the Town 
of Fratningha?n, by the Name of Framingbajn Acad" 
emy. 

WHEREAS It appears that fundry well-difpofed perfons Preamble, 
have erected a convenient building in Framlnghamy 
in the county of Middlefexy and appropriated it to the ufe of 
an Academy ; to efFe(5t which generous delign more fully, it 
js neceflary to eftablifh a Body Politic : 

Sect, i . Be it therefore enacted by the Senate and Houfe ofRepre- 
fentatives, in General Court ajfembledy and by the authority ofthejame. 
That there be, and hereby is eftabliflacd in the town of -^'"'^w?- Academy %U 
inghawy in the county of Middkfex, an Academy by the name tabUihed. 
of Frainingham ylcademy, for the purpofe of promoting piety, 
religion and morality, and for the education of youth in fuch 
of the liberal arts and fciences as the Truftees fhall direct ; 
and that the Rev. David Kei/og, Rev. Jofuih Bridge, ^^'V" Tru&ecs. 
jfo/icth Bigelow, -Arte mas lVard,]nn. 'Jonathan Maynardy Jono' 
than Haky Samuel Fro/}, Peter Cloyes, and David Bre%uer, Efqrs. 
be, and hereby are nominated and appointed Truftees of fald. 
Academy ; and they are hereby incorporated into a Body Po- 
litic by the name of The Tnijlees of Framingham Academy ; and 
they and their fuccefibrs Ihall be and continue a Body Po- 
litic by the fame name forever. 

Sect. 2. And be it further enaBed, That the faid Acade- 
my be endowed with a tra(fl of land equal to one half of a Land granted, 
townfhip of lix miles fquare, of any of the unappropriated 
lands within either of the counties of Lincoln, Hancock, or 
Wnjlnjigton, excepting the lands on Fenobfcct River, to be laid 
out by the Committee for the fale of eaftern lands ; and that 
all the lands and monies heretofore given or fubfcrlbedjOr which 
for the purpofe aforefaid fhall be hereafter given, granted 
and affigned unto the faid Truftees, (hall be confirmed to the 
faid Truftees and to their fucceffors in that truft forever, for the 
ufes which in fuch inftruments fhall be exprelTed : Provided, Provifoi 
Their annual income ihall never exceeed three thoufand dollars. 
And they ihall ever apply the rents, IlTues and profits thereof, 
in fuch a manner as that the Inflitutlon of the Academy msy 
be moft ej5e(Etually promoted. 

Sect. 3. Be it further enabled, That the faid Truftees fhall 
have full pov/er from time to time, as they ihall determine, to 
elect fuch officers of faid Academy as they fliall judge neccfla- Truftees to e» 
ry and convenient, and fix the tenures of their rei'pedlive of- 'cct officers. 
lices -, to remove any Truftee from the Corporation, when, 
in their opinion, he fhall be incapable, through age or other- 
wife, of difcharging the duties of his office ; to fill all vacan- 



m FIlAMlNGH AM ACADEMY. March i, AtiA^/gg. 

cles by elei^Ing fuch perfons for Truftees as they fhall jiidge 
beft ; to determine the times and places of their meetings $ 
the manner of notifying faid Truftees ; the method of eledling 
or removing Truftees *, to afcertain the powers and duties of 
their feveral officers j to eleft Preceptors and Ufliers of faid 
♦ ^ 4 , Academy j to determine the duties of their offices ; to ordain 
lawl.'"* ' ^' 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 to afcertain the qualifica- 
tions of ftudents requifite to their admiffion ; and the fanae 
rules, orders and by-laws at their pleafure to repeal. 

Sect. 4. Be it further enaS^ed, That the Truftees ofiaid 

A feal allowed* Academy may have one common feal, which they may change 

at pleafure ; and that the deeds, figned and delivered by the 

Secretary of faid Truftees by their order and fealed with their 

feal, fliall, when made in their nam.e, be confidered as their 

deed, and as fuch be duly executed and valid in la-U\ And 

Truftees ihay that the Hiid Truftees of faid Academy may fue and be fued 

fue and be fu- in all acfbions, real, perfonal or mixed ; and profecute and de- 

«<!• fend the fame to final judgment and ex^ecutioTl, by the name 

of T/:e Triifiecs cf Fmnwlghatn Academy. 

Sect. 5. Be it further ennBedy That the nunlber of faid 
Number of Truftees and their lucceflbrs fliall not at any time be more than 
Truftees limit- j^jj^g^ ^qj. igfg than feven, five of whom Ihall conftitute a quo- 
rum for tranfailing bufinefs ; and a majority of members pre- 
fent at a legal meeting, fliall decide all qucftions ptoper to 
come before tlie Truftees. 

Sect. 6. Be it further cflafled, That Jonathan Mayttard^ 
Efq. be, and hereby is authorized to fix the time dnd place for 
Firft meeting, holding the firft meeting of the faid Truftees, and to notify 
them thereof. 

[This Aft pafled Ma^xh i, I799O 

An ACT for changing the Name of William Board* 
wan to that of William Henderfon Boardman. 

T)E it enaBcd by the Seriate a?id Houfe of ReprefentativeSy in 
•*~' General Court affemhledy and by the authority of the fame^ 
That from and after the paffing of this Aft, the faid William 
Boar d wan y fon of TVilliam BoirdvinUy of Chelfen, fliall be allow- 
ed to take the name cf IViiliam Henderfon Boardtnan, and by 
that name, inftead of his prefent Chriftian and furnames, fhall 
be known and called ; and that the fame fliall to all legal in- 
tents and purpcfes be hereafter confidered as the only and 
proper name of the faid Boardfnauy and fliall avail him accord- 
ingly. 

[Tliis Aft pfifTed March i, 1799.] 

Att 



DDXBURY FISHERY. '^Marcb i, An.1799. ^89 



An ACT in addirion to and for the amendment of 
an Ad, entiiled, " An Act to prevent the dellruc- 
tion and to regulate the catching of the Fiih called March 2,17984 
Alevvives in the Rivers and Streams in the Town 
of Falmouth, in the County of Barn/hbk.'* 

T}E it enaEfed by the Senate and Hoiife of Reprefenfatives, in 
■*~^ General Court ajfemhled, and by the authority of the fame^ 
That the Committee to be chofea conformably to the Act to 
which this is in addition, be, and they hereby are authorized 
to permit the taking of faid fiHi five days in a week, if they 
fee fit, during the period provided by faid A6t for laid rivers 
and ftreams to be kept open ; any thing in faid Adt to the 
contrary notwithftanding. 

[This A6t pafTed March I, 1799.] 



An ACT regulating the taking of the Fifh, called Ale- 
wdves, in I/land Creek Brook, fo called, in the Town 

of Duxbury. 

■fp „ pE it e flawed by the Sefiate and Houfe of Reprefentti- 

■^ tiveSf in General Court affmbled, a7id by the author- 
ity of the fame y That the filln, called alevvives, may be taken from Place and time 
two rods below the bridge over faid brook, and as far up faid °^ taking the 
brook as the width of the road, commonly called Plymouth road, 
and {hall not be taken in any other part thereof, and at fuch 
times only as the Committee, who may be appointed by faid 
town as is hereafter provided, may dire<Sl". 

Sect. 2. Be it farther enabled by the authority nforefaidy That 
the inhabitants of faid town of Duxbury, at their meeting for 
the choice of town-officers in March or April annually, be, and 
they hereby are authorized and directed to appoint three or ^''^ Commit- 
five perfons, a Committee to overfee the taking faid fiih as afore- ^^^. '° ,^^ ^P" 
faid, which Committee ihall diflribute the fiih taken by them, 
or under their direftion, as equally as circumilances will admit, 
to fuch of the inhabitants of faid town as may apply for the fame ; 
9.nd fof the fiih fofupplied and delivered, theCom.mittee aforefaid 
liiall demand and receive of the perfon of perfons applying there- fin7'^^"t, . 
for, payment at fuch rate or rates as the inhabitants of the faid acted. 
town at their annual meeting in March or April way dii-e<5l:, ex^ 
cepting of fuch poof perfons as may be named in a lifl to be an- 
nually macie out by the Selectmen of faid town, and who, in the 
opinion of the Selectmen, are unable to pay for the fame, which 
lifl Ihall be given to the Committee, and the perfon or perfons 

borne 

Vol. II. 2....N 



fot 

CX'«. 



290 DUXBURY FISHERY. March i, An. 1799. 

borne on the fame flball be fupplied with fuch quantities of fiid 
fifli, gratis, as the Committee may think expedient : And the 
Committee to Committee aforefaid flrall have fuch allowance for their fcrvices 
be compenfa- ^^ ^j^^ inhabitants of faid town, at the time of appointing faid 
Committee Ihall determine •, and fliall annually, in the month 
of September next following their appointment exhibit their ac- 
counts to the Selectmen of iliid town for l"cttl9ment and allow- 
ance, and pay the balance remaining in thefr hands, if any, to' 
the Treafurer of the town of Duxbury^ for the town's ufe. 

Sect. 3. Be it further enacted by the nuthority afoycfaid, That 
the fild Committee, or the major part of theni, be,and are hereby 
— may open authorized and empowered to open any dam, or the fluice of any 
fluicd-v/ays, y^y\\ q^ other water-works erected, or that may be erected, on or 
^' over faid brook, at the expenfe of the owner or ownersof fuch dam 

or {luice, provided fuch owner or owners fhail negledl to open the 
fame when thereto required by faid Committee, or the major 
part of them as aforefaid •, and the dam or fluice that may be 
fo opened, fliall continue open to fuch depth and width, and for 
fo long a time as the faid Committee or the major part of them 
may judge neceflary ; and if any perfon or perfons ihall obflrucEl 
the paff\ge-wavs, allowed or ordered by faid Committee or a ma- 
ior part of them, in any dam or fluice-way, or fhall obfl:ru6l the 
pafH^go of faid fiih in any other part of fiid brook than is per- 
mitted by this A6c, fuch perfon or perfons fb offending (hall 
forfeit and pay a fum not exceeding oue hundred and ffty dollars^ 
nor lefs than thirty dollars. 

Sect. 4. Be it further ennEled by the authority aforefaid., That 

If any perlbn or peribns, other than the laid Committee, or fuch 

perfons as fhall be by them employed, Ihall take any of the faid 

filh in the faid brook, or any part of it, at any time, or by any 

Penalty for means whatfoever, each perfon fo offending ihall forfeit and pay 

fifhing without j^ fu^i not exceeding ten dollars^ nor lefs than tiuo dollars for every 
authority. r , n- ,^^ *- 

lucli offence. 

Sect. 5. Be it further enacledhy the authority aforefaid.^ That 

all penalties incurred by the breath of this AJl, mr.y be fued 

for and recovered by the Treafurer of the town of Duxbury^ 

for the time being, in any Court in the county of Plymouth 

proper to try the fame ; and all funis, fo recovered, fhall be ap- 

Appropriation propriated to the ufe of faid town ; and in cafe any minor or 

of tines. minors ihall offend againft any part of this Act, and thereby 

incur any or either of the penalties aforefaid, in all fuch cafes, 

Caieo. minors ^)^g parents, mailers or guardians of fuch minor or minors fhr.ll 

law. ' '* ^^ aniwerable therefor j and in cafe of a profecution of luch 

minor or minors for any offence, the action fhall be commenced 

againfl: the parent, mafter or guardian of fuch minor or minors, 

refpectively, and judgm.ent be rendered agajnft any parent, 

Eiafler or guardian in fuch cafe, in the fame manner as for his 

or their perfonal offence. 

Sect. 



WILLIAMSTOWN TURNPIKE. March i,kvi,\y^C). 291 

Sect. 6. Be H furthef eiiaBed by the mitkority aforefaid., That 
no perfon, by reafon of being an inhabitant of faid town, or one Committee 
of iaid Committee, {hall be hereby difqualified from being a ^!^"g,|^5^' ^' 
vvitnefs in any proibcution for a breach of this Aft. 

Sect. 7. And be it further enaEled by the authority aforefaid. 
That all laws heretofore made and provided, for regulating the Former laws 
alewive fifliery on laid brook, be, and the iame are hereby re- '"^P^^^^'^' 
pealed. 

[This A61 palTed March i, 1799.] 



An ACT eflablifliinsf The WilUajnflown Turnpike Cor- Additional 

° . -^ ■* Ads, June 22, 

pOratWn. 1799, March 

WHEREAS the highway leading from the weft fide of ^' '802, Feb. 
Hoofuck Aloimtain through the north part of Adams ^ ' * °'^'" 
and IViUidfuJhwn is rocky, mountainous and circuitous, and 
the expenfe of making, ftraightening and repairing the fame 
in fuch a manner as to ir.ake it convenient for travellers with 
horfes and carriages, would be much greater than ought to be 
required of the faid tov/ns : 

Sect. r. Be it enacted by the Senate and Houfe of Reprefent- 
ativesy in General Qourt ajfembled, and by the authority of the fame y 
That Samuel Sloarie, Samuel Porter, Barrel Sutton, Eiias Alather, 
William Starkweather, Oliver Barrett, George Reab, Benjamin Perfons incor- 
Skinner, David Johifon, Lermwl Stewart, David Noble, William porated. 
Toung, Daniel Dewey, William Towner, Remembrance Sheldon, 
Ezra Baker, Jonathan Danforth, Deodatus Ncble, Z'ldock Ford, 
John Maulk, Solomon Wolcot, jun. Samuel Mackay, Tompfin J. 
Skinner, jun. Ezekiel Bacon, and Ira Baker, and all fuch perfons 
as fliall be aflbciated with them and their fucceflfors, be, and 
they hereby are conftituted a Corporation by the name of T.be Corporate 
Wiiliamflown Turjipike Corporation, for the purpofe of laying out name. 
and making a Turnpike Road from the weft fide of Hoofuck 
Mountain : Beginning where the Turnpike made by Afaph Defcrlptlon of 
White and Jeffe King ends ; thence running through the road. 
north part of the town oi Adams and Williant/lown to the weft 
line of Majfachufetts, adjoining upon the town of Pelcfburgh, 
in the county oi Ranfeleer, and State Oi New-Tor k,-AX\& for keep- 
ing the fame in repair in fuch place or places as the faid Cor- 
poration Ihall choofe for the fame ; which road fliall not be 
lefs than four rods v/ide, and the path to be travelled on not 
lefs than eighteen feet width in any place : And that when ) 

faid Turnpike Road fliall be fulTiciently m.ade, and Ihall be 
allowed and approved by the Juftices of the Court of Seffions 
of the county of Bcrkfioire, at any term thereof, then the faid 
Corporation ihall be authorized to erect a Turnpike Gate on 
the fame in fuch manner and in fuch place as the faid Court 

IhaU 



392 WILLI AMSTOWN TURNPLKE. March i , An. 1 799. 

fliall dire6V, and {lull be eiuitled to receive from each travel-.. 

Rate of toll ^^'^ ^^^ paffenger the following rate of toll^ to wit : For every 

coach, phaetcn, chariot or other four wheel carriap-e, drawn 

by two horfes, i^mcnty-five cents ; and if drawn by niore than 

two horfes, the additional fum of four cents for each horfe ; 

for every cart or waggon, drawn by two oxen or horfes,. 

invelnje cents and Jive 77iil!s ; and three cents for each additional 

ox or horfe ; for every fled o:- fleigh, nine cents ; and for each 

additional ox or horfe, three certs ; for every curricle, fixteen 

cents ; for every chaife, chair or other carriage, drawn by one 

horfe, twelve cents and five mills ,• for every man and horfe, 

jive cents ; for all oxen, horfes and neat cattle, led or driven, 

befides thofe in teams and carriages, o7ie cent each j for all 

fheep and {s^^'ine^ three cents by the dozen ; and in that propor- 

frovifo. tion for a greater or lefs number : Provided^ That no toll fhall 

be taken of any perfon pafling faiu road on military duty. 

Sect. 2. Jlnd be it further cnaBedy£\\zt the faid Corporation 

Maj hold land, may purchafe and hold any land over which they make the 

faid road j and the Juiiices of the Court of SeiHons of the 

F^ace in the county of Berhjljire, are hereby authorized, on 

application from the faid Corporation, to lay out fuch road, or 

any part thereof, within their jurifdiftion, as with the confent 

of the faid Corporation they m,ay deem proper j and the faid 

Terfons whpfc Corporation fhall be holden to pay all damages which fhall 

lands are taken arife to any perfoii by taking his land for fuch road, where it 

to be indemni- (-^pj^Qj- be obtained by voluntary agreement, to be eftimatcd by 

a Committee appointed by the Court of General Seffions of 

the Peace for the faid county o'i Berhjhirey laving to either 

party the right of trial by Jury, according to the law which 

makes provition for the recovery of damages happening by 

laying out public highv;ays. 

Sect. ^. And be it further enacted. That If the faid Corpo- 
ration, their toll-gatherers, or others in their employ, ihall un- 
reafonably delay br hinder any traveller or paffenger at faid 
gate, or fliall demand or receive more toll than is by this Act 
eilabliflied, th? Corporation Ihall forfeit and pay a fum not ex- 
Fenalty forde- cecdinsf ten dollars^ i-.ot lefs than one ddllnr^ to be recovered be- 
lays and extor- £^j ^, any Juftice of the Peace for faid county ci Bcrljhire, by 
any perfon injured, delayed or defrauded, iu a fpecial action 
on the cafe j the writ in which Ihall be ferved on the faid 
_ . Corporation by leaving a copy of the fame with the Treafu- 

howto^bc'f -^cr, or with fome individual member of the Corporation liv- 
ed, in*? within the county where the adtion may be brought, or 
reading the contents thereof to the laid Treafurer or individ- 
ual member, at leaffc feven days before the day of trial : And 
the Treafurer of faid Corporation, or individual member, ihall 
b.e allowed to defend the fame i'uit in behalf of the Corpora- 
tion. 



WILLIA?vlSTOWN TURNPIKE. March i, An. jfr)^. a.9.5 

tion. And the Corporation fhall be hclden to pay all dama- 
ges which Ihnll happen to any perfon from whom toll is by 
this A6t demandable, for any damages which iliall arife from 
defeat of bridges or want of repairs within the fame way, and 
fhail alfo be liable to a fine, or prefentment of the Grand Jury, 
• for «ot keeping the fame way or bridges thereon in good re- 
pair. 

Sect. 4. ^nd be it further enncfed. That if any perfon 
fhall cut, break down, or deliroy the fald Turnpike, or {hall 
forcibly pafs or attempt by force to pafs the fame without hav- 
ing firft paid the legal toll at faid gate, fuch perfon {hall for- 
feit and pay a fine not exceeding^/); dollars^ nor lefs than t'ii}o Penalty for 
dollars, to be recovered by the Treafurcr of the Corporation [^'^'^'^ f*^' 
to their ufe in action of trefpafs : And if any perfon lliall, 
with his team, cattle, carriage or horfe turn out of the faid 
road to pafs the faid turnpike gate on ground adjacent thereto, 
and again enter on faid road, with intent to avoid the toll due 
by virtue of this A61, fuch perfon {liall forfeit and pay three — for cvafion. 
times fo rnuch as the legal toll v/ould have been, to be recov- 
ered by the Treafurer of the faid Corporation to the ufe there- 
pf, in an aftion of debt on the cafe : Piovldedy That nothing Piovifo. 
in this A61 fliall extend to entitle the faid Corporation to 
(Jemand toll of any perfon who fliall be paffing with his horfe 
or carriage to or from public worfliip, or with his horfe, team 
or cattle, or on foot to or from his common labour on his farm, 
or to or from mill in the fame tov^rn, or on the common and 
ordinary bufinefs of family concerns v/ithin the fame town. 

Sect. 5. And be it further enacled. That the {hares in the 
fame turnpike road {hall be taken, deemed and con{idered to \q^^\ eflate. 
be perfonal eftate to all intpnts and purpofes, and fliall and 
niay be transferable ; and the mode of transferring faid fliares 
fliall be by deed acknowledged before any Juilice of the Peace, 
and be recorded by the Clerk of the Corporation in a book to 
be kept for that pnrpofe ; and when any of laid Ihares ihall be 
attached on mefie proccfs, an attefted copy of fuch procefs ihall, 
at the time of the attachment, be left with the Clerk of faid 
Corporation, otherwiie fuch attachment fhall be void. And 
fuch fliares may be fold on execution in the fame manner as is — rsiay be u- 
or may by law be provided for the falc of perfonal property by ' * 

execution; the ofHcer making fale, or the judgment creditor 
leaving a cony of the execution and of the officers return on tho 
fame, with the Clerk of the faid Corporation within ten days 
after fuch falc, ai;d paying for the recording of the fame. 

Sect. 6. And be it further cnacled, That a meeting of the 
faid Corporation {hail be held at the houfe of George Reah, inn- 
holder in WiUir.rnJloivn ziorthkl, on the laft Monday of March rirft meeting, 
?iext, for the purpofe of choonng a Clerk and fuch other ofR- 

cers 



294 WILLIAMSTOWN TURNPIKE. March i,An.ij^^, 

cers as may then and there be agreed upon by the faid Corpo- 
ration for regulating the concerns thereof ; and the faid Corpo- 
ration may then and there agree upon fuch method of calling 
meetings in future, as they may judge proper. 

Sect. 7. Ami be it further enaBed, That the books of the 
Books may be ^^^^ Corporation fliall, at all times, be fubjedt to be infpedled 
infpeded. and examined by a Committee to be appointed by the Gene- 
ral Court, or to the infpeftion of the Governor and Council, 
when called for. 

Sect. 8. Be \t further enacled^ That whenever any Pro- 
prietors fhall negleil or refufc to pay any tax or aiTeffment 
duly voted and agreed upon by the Corporation to their 
lim-uents may Treafurer within fixty days after the time fet for the payment 
be Ibid. thereof, the Treafurer of iaid Corporation is hereby authorized 

to fell at public vendue the fliare or iliares of fuch delinquent 
Proprietor, one or more, as lliall be fufficient to defray faid 
taxes and the necelTary incidental charges, after duly notifying 
in the newfpapers printed in Pittsf.eld and StockbriJge, the fum 
. due on any fuch ihares, and the time and place of fale, at leaft 
twenty days previous to the time of fale ; and fuch fale fhall 
be a fufficient transfer of the Ihare or (hares fo fold to the 
perfon purchafing, and on producing a certificate of fuch fale 
from the IVealurer to the Clerk of faid Corporation, the name 
of fuch purchafer, with the number of fhares fo fold, fliall be 
by the Clerk entered on the books of the faid Corporation j 
and fuch perfon fliall be confldered to all intents and purpo- 
fes, the Proprietor thereof, and the overplus if any there be, 
Ihall be paid on demand by the Treafurer to the perfon whofe 
fliares were thus fold. 

Sect. 9. Afid be it further enaSIcd, That the faid Corpo- 
ration fliall, at the place where the faid toll fliall be colledled. 
Sign-board. greet and keep conftantly expofed to view a fign or board, with 
the rates of toil and all the tollable articles fairly and legibly 
written thereon in large or capital charadters. 

Sect. 10. And be it further enaBed^ That the faid Corpo- 
An account of j.jition fliall, within fix months after the faid road is completed, 

expenlcs and ,,.10 >n' ri r 

profits to be lodge ni the bccretary s omce an account or the expenles 
exhibited. thereof; and that the faid Corporation fliall annually exhibit 

to the Governor and Council a true account of the income or 

dividend arifmg from faid toll, with their necefTary annual dif^ 

burfements on faid road. 

SbXT. II. And be it further enaaedy That If any perfon 
Timber not to ^^^^ d^aw any log, tree or fl:ick of timber Oii or over the faid 
hz drawn over turnpike road, except i)i the months of Jrnnnry and February^ 
the road with unlefs fuch log, tree or Tiick of timber is loadt-d on a cart or 
•sccptions. {[q(\^ or one end thereof is raifed on a fled, cart or other fuita- 

ble carriage, he fliull forfeit and pay to the faid Corporation 

0iie 



FIFTH MASS. TURNPIKE. March r, An. 1799. 295 

ene^ dollar for every log, tree or ftick of timber fo drawn, to be 
recovered in an adllon of debt. 

Sect, i 2. And _be it farther enaBedy That the faid Cor- 
poration may, if they fee fit, commute the rate of toll with (,^""'1,^ ^ j.^^ j 
any perfon, or with the inhabitants of any town through which on. 
the faid road palTes, by taking of him or them any certain lum 
annually, to be mutually agreed on in lieu of the toll eftablifli- 
ed in and by this A61. 

Sect. 13. Jlnd be it further enaBed, That the General 
Court may diffolve faid Corporation whenever it Ihall appear ""^^u^j-n-^ 

1 • r • r n- ■. i • •,' r r•^ ,, may be dillolv- 

to their latisradtion, tnat the mcome urihng trom laid toll .j, 
fhall have fully compenfated the faid Corporation for all mon- 
ies they may have expended in purchaiing, taking care of, 
and repairing the faid road, together with an intereft thereon 
at the rate of tivelve per centum by the year, and thereupon the 
property of the faid road fliall be veiled in this Common- 
wealth, and be at their difpofal : Providedy That if the faid 
Corporation fhall neglevSt to complete tlie faid turnpike road Time for mafe- 
for the fpace of three years from the palling this Act, the fame '^^Z ^^^^ ''"ad. 
fhall become void and of no effect. 

[This Aa paffed March I, 1799.I 



W 



An ACT for eftablifhing a Corporation by the Name of ;J^f ''"^^J ^^^ 
The Fifth Maffachufetts Turnpike Corporation. 1800, Nov. 15' 

HEREAS the highway leading from Northf.eldy in the [g°°' p^^,] \^^ 
county of i//7?«^/Z)iri', through JVarivick and Or^/7^^ 1803, June ai, 
to Aihol^ and alfo from Greenfield through Monfagiie and un- '^oj- 
improved lands up Miller'' s River to Athol aforefaid, thence 
through Gerry, Ternpleton, Gardfier^ Wcftminfvery and Fitchhurg, 
to Leominflevy in the county of Worcefiery is rocky and moun- 
tainous 5 and the expenfe of ftraightening, making and re- 
pairing 4^6 fame through the faid towns, fo that the fame 
may be conveniently travelled with horfes and carriages, is 
much greater than reafonably ought to be required of faid 
towns : 

Sect, i . Be it therefore enaded by the Seriate and Houfe of 
ReprefentativeSf in General Court affemhledy and by the authority of 
the fame. That Ti-mothy Button, El'fl:a Hunt, John Barrett, Ed- P^rfons incor- 
iLiard Houghton, Solomon Vofe, Caleb Mayo, David Mayo, Oliver ^°^^^^ 
Chapin, Jofuih ProElor, Oliver Efley, Samuel Siveetfer, Hiram 
Newell, Ebenezer Jones, Jonas Kendall, Phillip S^veetfer, Eiijlja 
Ball, Caleb Alv'ord, Jonathan Leavitt, . Richard E. Neiucomb, 
Solomon Smead, Jerom Ripley, F.zehiel B^fcom, Daniel IVells, 
Calvin Munn, Thomas W. Dichnfon, and all I'uch perfons as 
fhall be afibciated with them and their fucceflbrs, be, and they 
hereby are conftituted a Corporation, by the name of The Fifth 

Majfachufetts 



^g$ FIFTH MASS. TURNPIKE. March i, An.1790. 

Corporate Majfachiifett! Turnpike Corporatioriy and fliail by that name fiie 
name. and be fued, and Ihall have a common ieal, and enjoy all th^ 

privileges and powers which are by law incident to Corporations 
for the purpofe of laying out and making a turnpike road from 
J. J J f -u. Capt. ILlifha HuntSy in Northfield aforcfliid, through iVarwieki 
e(j, Orangre^ Athsl, Gern\ Templeton and Gardner.^ to IVeJl rninfler 

raeetm?y-houfe ; from thence to Jonai KendaWs tavern, in Leo- 
tni'ijler / and alfo from Calvin Alitfifi's tavern, in Greenjielil^ 
through Montague, and up Mdler's River through unincorpo- 
rated land, fo as to interfe^l the road aforefaid in Athol, and 
making the fame in Rich place or places as the faid Corpora- 
tion iliall choci'e, and for keeping the fame in repair 5 which 
road ihall not be lefs than four rods wide, and the path to bei 
, travelled in not lefe than eighteen feet wide in any place ; and 

that when faid turnpike road Ihall be fuSiciently made and ap^ 
proved of by a Committee appointed by the Court of General 
Seffions of the Peace for the refpedlive counties of Worcefler 
and Hamppire, for that purpofe, then the faid Corporation Ihall 
Turnpike |^^ authorized to erect five turnpike gates on the fame, in fuch 
manner as the fiid Corporation Ihall judge neceflary and con- 
venient for colle(5tlng the toll, one of which gates (liall be near 
the houfe where David Mayo keeps a tavern in Warwick ; one 
other near the houfe where Samuel Sweetfer now keeps a tavern, 
in Athcil : one other to be near the line between Gardfier and 
Wejlmi.'ijler ; one other near the houfe where Jonas Kendall 
keeps a tavern, in Leominjler ; the other one gate where the 
Corporation may judge moft convenient on the road from Grecti- 
Jield to Atho! aforefaid, and fliall be entitled to receive of each 
traveller or palTenger, at each of the fiiid gates, the following 
rate of toll, viz. For every coach, phaeton, chariot or other 
Rates of toll, fpy^. -wheel carriage, drav^rn by two horfes, twenty-five cents, and 
if drawn by more than two horfes, an additional fum oi four 
cents for each horle ; for every cart or waggon drawn by two 
oxen or horfes, twelve and an half cents, and if drawn by more 
than two oxen or horfes, an additional fum of three cents for 
each ox or horfe ; for every curricle, ftxteen cents ; for every 
chaife, chair or other carriage, drawn by one horfe, twelve and 
aft half cents ; for every man and horfe, ^z;^ cents ; for every fled 
or fleigh, drawn by two oxen or horfes, nine cents, if drawn by 
more than two oxen or horfes, an additional fum of three cents 
for each ox or horfe ; for every fled or fleigh, drawn by one 
horfe, eight cents ; for all horles, mules, oxen or neat cattle, led 
or driven, befides thofe in teams and carriages, one cent each ; 
for all fhecp or fwinc, at the rate oi three cents for one dozen: 
Provided, That faid Corporation may, if they fee fit, commute 
Annual fum the rate of toll with any perfon or perfons, by taking of him or 
may be receiv- them a certain fum annually, to be mutually agreed on in lieu 
•^- of the toll aforefaid, 

Skct« 



FIFTH MASS. TURNPIKE. March i,An.i799. 297 

Sect. 2. And be it further enaBed hy the authority aforefaidi 
That laid Corporation may purchafe and hold land, over which 
they may pa dee f^iid road; and the Juftices of the Court of 
General Seffions of the Peace, in the county where laid road is, 
are hei-eby authorized, on airalication of laid Corporation, to |"m"^^'f^ . f 
lay out.luch road, or any part thereof \tithm then* relpective 
jurifdiclions, as with the confent of faid Corporation they fhall 
think proper : And the faid Corporation fhall be liable to pay , 

all dannuxge that fliall arife to any perfon by taking his land for ^^^^^ ^^^ tsk^n 
fuch road, where the fame cannot be obtained by voluntary to be indemnl. 
agreement, to be eftimated by a Committee appointed by the ^^^' 
Court of General Seffions of the Peace, in the county where 
fuch damage fhall arife, faving to either party the right of trial 
by Jury, according to the law which makes provifion for the 
recovery of damages arillng from the laying out of highvv-ays. 

Sect. 3. And be it further enaSltd hy the authority uforefuid^ 
That if faid Corporation, or their tolUgatherer, or others in 
their employ, fhall unreafonably delay or hinder any traveller 
or palTenger at either of faid gates, or fliall demand or receive 
more toll than is by this Act eftabliflied, the Corporation fliall 
forfeit and pay a fum not exceeding ten dollars nor lefs than two Penalty fof 
dollars-, to be recovered before any Juftice of the Peace of the fo^^^^^"*^ ^^* 
county where the offence ihall be committed, by any perfon 
injured, delayed or defrauded in a fpecial adlion of the cafe j 
the writ in which fliall be ferved on faid Corporation by leaving Procefs of a 
a copy of the fame with the Treafurer, or with fome individual ^"i*:- 
member of faid Corporation living in the county where the 
action may be brought, or by reading the fame to the Treafurer 
or individual member, at leall feven days before the day of trial : 
And the Treafurei- of faid Corporation, of individual member, 
fhiall be allowed to defend the fame luit in behalf of the faid 
Corporation : And the faid Corporation iLall be liable to pay 
all damages that fliall happen to any perfon from whom the toll 
is demandable, for any damage which iliall arife from defedl of 
bridgc-G or want of repairs in f lid way, and fliall alfo be liable 
to prefentment by the Grand Jury for not keeping the fame 
»\'ay in good repair. 

Sect. 4. A?'d he it further enaBed hy the authority aforefaidf 
That if any perfon lliall cut, break down, or otherwife deltroy 
any of faid turnpike gates, or ihall dig up or carry away any 
earth from faid road, or in any manner damage the fame, of 
fhall forcibly pafs or attempt to pafs by force the faid gates 
without having lirfi: paid the legal toll at fuch gate, fuch peribn penalty for iii- 
fl\all forfeit and pay a fine not exceeding ^/^v dollars nor lefs i"'"'"g f.'°?^,'' 
than ten dollars^ to be recovered by the Treafurer of faid Corpo- p^fl-^gg^ 
ration to their ufe, in an action of trefpafs or of the caie : And 
if any perfon with his team, cattle or horfe, turn out of faid 

road 

Vol. II. 2....0 



598 



Attempt to c- 
vade the toll. 



Exemption on 
certain occa- 

flOBS, 



Shares are pcr- 
fonal property. 



How to trans- 
fer fliares. 



Procefs of at- 
tachment. 



OrEfanization 
of the Society. 



FIFTH MASS. TURNPIKE. March i, An. 1799. 

road to pcfs any of the turnpike gates, and again enter the faid 
road, with intent to evade the toll due by virtue of this A6t, 
fuch perfon ihall forfeit and pay three times fo much as the 
legal toll would have been, to be recovered by the Treafurer of 
faid Corporation to the ufe of the fame, in an action of debt on 
the cafe : Providedy That nothing in this A£l flaall extend to 
entitle the faid Corporation to demand and receive toll of any 
perfon wl\o fliall be paffing with his horfe or carriage to or 
from public worfliip, or with his horfe, team or ' cattle, to or 
from his common labour on his farm, or to or from any grift- 
mill, or on the common or ordinary bufuiefs of family concerns, 
or from any perfon or perfons pafling on military duty. 

Sect. 5. And be it further etiaBcd by the authority afcrefaid. 
That the fliares in the fame turnpike road fliall be taken, 
deemed and confidered to be perfonal eftate, to all intents and 
purpofes, and fhall and may be transferable : And the mode 
of transferring faid Ihares fhall be by deed acknowledged be- 
fore any Jufiice of the Peace, and recorded by the Clerk of 
the Corporation in a book to be kept for that purpofe : And 
when any fliare fhall be attached on niefne procefs^ an attefted 
copy of fuch procefs flaall, at the time of the attachment, be 
left with the Clerk of the Corporation ; otherwife the attach- 
ment Ihall be void j and fuch Ihares may be fold on execution 
in the fame manner as is or may by lav;- be provided for mak- 
ing fale of perfonal property on execution, the officer making 
the fale, or the judgment creditor, leaving a copy of the exe- 
cution and the officei"'s return on the fame, with the Clerk of 
faid Corporation within fourteen days after fuch fale, and pay- 
ing for the recording the iame, ihall be deemed and conllder- 
ed as a fufficient transfer of fuch fliare or ihares in the faid 
turnpike road. 

Sect. 6. And be it further enaBcd by the authority aforefaidj 
That a meeting of the faid Corporation ihall be helci at the 
houfe of Oli-ver Chnpin^ innholder in Orange, on the tenth day 
of April next, at ten of the clock in the forenoon, for the pur- 
pofe of chooiing a Clerk, who fliall be fworn to the faithful 
difcharge of the duties of faid office, and fuch other officers 
as may then and there be agreed upon by faid Corporation : 
And faid Corporation may then eftablifh fuch rules and regu- 
lations as the faid Corporation ihall judge neceflary ; provid- 
ed the fame are not repugnant to the laws of this Common- 
wealth, for regulating the concerns thereof; and the faid 
Corporation may then and there agree upon inch method of 
calling meetings in future as they fhall judge proper. 

Sect. 7. And be it further ejiaElcd by the authority aforefaidy 
That the faid Corporation fliall, ^vithin fix months after the 
faid road is completed, lodge in the Secretary's office an ac- 
count 



FIFTH MASS. TURNPIKE. March i, An.1799. 299 

count of the expenfes thereof, and that the faid Corporation 
fhall annually exhibit to the Governor and Council a true ac- 
count of the Income or dividend arifing from the faid toll, with 
their neceflliry annual diiburfements on faid road, and that the 
books of the faid Corporation fliall at all times be fubjecl to the |?°°'" '" '^e 
infpeftion of a Committee to be appointed by the General Court, f" :||-^''' '"* 
or to the infpedtlon of the Governor and Council, when called 
for. 

Sect. 8. Atid he it further etmBedy That whenever any 
Proprietor fliall negleft or refufe to pay any tax or alTeiTment 
duly voted and agreed upon by the Corporation, to their Treaf- 
urer, within iixty days after the time fet for the payment there- 
of, the Treafurer of faid Corporation Is hereby authorized to Sliaresofdelm- 
fell at public vendue the Ihare or fliares of fuch delinquent ^g"^" * ^^^^ "^ 
Proprietor, one or more, as Ihall be fufficient to defray faid 
taxes and neceflary Incidental charges, after duly notifying in To be adver- 
the news-papers printed at Greenfield^ TVorcefler^ and In the tiftd, &c. 
paper printed by the printer of the General Court at Boflotiy 
the fum due on any fuch fhares, and the time and place of fale» 
at leaft thirty days previous to the time of fale, and fuch fale 
fhall be a fufficient transfer of the fliare or fliares fo fold to 
the perfon purchafing ; and on producing a certificate of fuch 
fale from the Treafurer to the Clerk of laid Corporation, the 
name of fuch purchafer, with the number of fhares fo fold, Ihall 
be by the Clerk entered on the books of the faid Corporation, 
and fuch perfon Ihall be confidered, to all Intents and purpofes, 
the Proprietor thereof ; and the overplus, if any there be, fhall 
be paid on demand by the Treafurer to the perfon whofe fliares 
were then fold. 

Sect. 9. Atid he It further enacted^ That the faid Corporation 
fliall, at all places where the faid toll fhall be coUedled, eredl Sign-board t« 
and keep conftantly expofed to view a fign or board, with the be ereiled. 
rates of toll of all the tollable articles fairly and legibly written 
thereon In large or capital characters. 

Sect. 10. ^//^/'(? zVy«r/Z>£'/"£'/M^d' J, That the General Court 
may diiTolve faid Corporation whenever It fliall appear to their ma''^b'^d*ir"lv- 
fatlsfaction that the Income arifing from the faid toll fliall have ed. 
fully compenfated the laid Corporation for all monies they may 
have expended in purchafing, repairing and taking care of the 
faid road, together with an intereft thereon at the rate oi twelve 
per centum by the year, and thereupon the property of the faid 
road fliall be vefted in this Commonwealth, and be at their dif^ 
polal : Provided^ That If the faid Corporation fhall neglect to 
complete the faid turnpike road for the fpace of four years from 
the paffing of this A6t, the fame fliall become void and of no . 
effect. [This Ad pafTed Alarch i, 1799.] 

An 



3©Q WILBRAHAM, &c. yuns 11-14-1^^ An. lygg. 

An ACT to fct off a Tracl of Land, commonly called 

the Elbows, in Springfield^ in the County of Hamp- 

Jhlre, and to annex the fame to the Town of Wil- 

brabain. 

T}E it etmtied by the Setiaie and Houfe of Repreferdntivesy in 
-*-^ Gefieral Court nffemhled^ and by the authority of the fame. 
That the tracl of land belonging to Sprijigfeld, commonly call- 

« J • ed the Eibo%vs., bounded wefteriy on Chicopee Rivers north and 
eaft on the town or ralmery and ioutheriy on the town 01 
Wilbrahanii with all the inhabitants thereon, be, and hereby is 
fet off from the town of Springfteldi and annexed to the town 
of Wilhrahaviy and fliall forever after be confidered as making 
part of the fame : Proxnded neverthclefs^ That the faid lands, 

Ta}(e«. with the inhabitants thereon, fliall be holden to pay all taxes 

already afleffed upon them by the town of Sprbigfieldy and fliall 
alfo be affeiTed and taxed by the afTeiTors of faid town of Spring- 
fiildy m all State taxes, until another State valuation fhall be 
taken, in the fame manner as if this A£l had not been pafled. 
[This Act puffed June ii, 1799.] 



An ACT altering the Name of Oliver Pond 3d. to 0//- 

•ver N. Pond. 

T)E it enaBed by the Senate and Hoife oj ReprefentatlveSy in 
•^ General Court afj'embledy and by the authority of the fame^ 
That from and after the paffing of this Act, Oliver Pond, the 
third of that nam.e of FranhiiUy in the county oi Norfolk, be, 
and he hereby is authorized and allowed to take, ufe and bear 
the name of Oliver N. Pondy and by that name be hereafter^ 
known and called in all proceffes and records whatever. 
[This Act paffed June 14, 1799-] 



An ACT to enable the Proprietors of a certain Piece 
of Salt Marfli, htuate in the Town of Ipfwicb, in the 
County of Effex, to make and maintain a Dike, for 
the better improving the fame. 

TIEREAS NHthaniel JVellsy Afa Smith, Jofjua Smithy 

Stephen Choate, John Choate, Anfice Cogsivelly and Jcn- 

cthnn Potter, Proprietors of Salt Marlh in Ipftvich, containing 

about lixty acres, lying within the line hereafter defcribed, 

_ viz. Beginning at Hoveys If and, fo called, from thence runr. 

o\in .anes.3 ri\xi<^ by faid iiland, ioutheriy to land of Jfl->ua and Afa 

Smithy 



w 



IPSWICH DIKE. June 15, An. 1799. 301 

Zmith^ and by faid Smith*s land, foutherly, wefterly and north- 
erly, to land of the heirs of Francis Cogsivell deceai'ed, and by 
faid Cogswell's land wefterly, thence northerly acrofs faid 
Cogswell's marfh, to and acrofs marfh of the Honorable Stephen 
C/joate, Efq. to faid Choate's farm, thence eafterly by faid farm, 
to the bounds firft mentioned 5 having requefted the General 
Court to authorize them to make a Dike, for the purpofe of 
preventing its being flowed by falt-water, and it appearing, to 
this Court that improvements might thereby be made in laid 
marfti to the beneht of the Proprietors, as well as the public : 

Sect, i . Beit therefoi'e enacted byJhe Senate and Houfe ofRepre^ 
fentativeSy in General Court ajfemklei^ and by the authoi ity of the fame. 
That the faid Nathaniel Wells and others, Proprietors of 
the marih aforefaid, their heirs and alligns, be, and they are ^''^e authon'a- 
hereby allowed and empowered to raife, by an afleffment or 
tax to be m.ade and levied on all the Proprietors of faid marfh, 
lying within the Dike to be made as aforefaid, according to 
the intereft they feverally have therein, fuch fam or fums for ^°"fy *° ^' 
defraying the charges of making and maintaining faid Dike, 
as fhall be agreed upon by the faid Proprietors, their heirs and 
affigns, or the major part of fuch of them as fhall be allem- 
bled at any legal meeting to be called for that purpofe ; the 
jneetings of the faid Proprietors to be called and conducted in ^^^"."S of 
the fame manner as thofe of common lands, prefcribed by an how to becalU 
A61 pafled the tenth day of Marchy in the year one thoufand ed. 
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 choofe 
all luch officers, as may be necelTary for managing the bulinefs 
aforefaid, in the fame manner as Proprietors of common lands 
are by law empowered to choofe officers at their legal meet- 
ings. 

Sect. 2. And be it further enacied^ That if any Proprietors 
of the faid marlh fliall neglect: or refufe to pay the fum or Negledl to pay 
fums of money duly alTefled on him therefor, for the fpace of afTeirment. 
fix months, after fuch money fliall have been granted, and for 
the fpace of one month after his alleffiiient Ihall have been 
ihevvn 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 affeffiiient, are hereby fully empowered, from 
time to time at public vendue, to fell and convey fo much of ^'^^'"^"^"* • 
fuch delinquent Proprietor's part of faid marfli, as will be fuf- bcXld/ ^^^^ 
ficient to pay and fatisfy the fum or fuir.s afielled upon fuch 
delinquent Proprietors as alorefiid, and all reafonable charges 
•attending fuch fale, to any perfon that will give the moft for the 
fame ; notice of fuch fale, and of the time and place thereof, 
being given, by pofting an auvertifement thereof in fome pub- 
lic 



302 NEWBPT. MARINE INS. CO. June 1 8, An. 1 799. 

lie place in the tOAvn of Ipfivich., fix weeks before the tune of 
fuch fale •, and the fald Proprietors may by their Clerk, or a 
Committee chofen for that purpofe, execute a good deed or deeds 
of conveyance of the part of the faid marfli fo fold, unto the 
purchafer thereof to hold in fee limple : Provided neverthekfs^ 
That the Proprietor or Proprietors, whofe part or Ihare fhall 
be fold as aforefaid, fliall have liberty to redeem the fame at 

Right of re- any time within one year after fuch fale, by paying the funi 

emption. ^^^^j^ ^^^^ ^^ {hare fold for, and charges, together with the fum 

oifiK dollars for every himdrcd dollars produced by fuch fale, 

and fo in proportion for a greater or lefs fum. ^ 

. Sect. 3. And he it furtller efiacled^ That the faid Proprie- 

authorized* *^^^ hereby are empowered to order and manage all affairs 
relative to the making and maintaining of the Dike aforefaid, 
in fuch way and manner as fhall be concluded and agreed on, 
by the major part of thofe who are therein intereftecl, prefent 
at a legal meeting ; the votes to be colle<^ed according to the 
intereft of the faid Proprietors. 

[This Acl paffed June 15, 1799.] 



An ACT to incorporate William Bartkt, and others, 
into a Company by the Name of The Ncwburyport 

Marine hfurance Company. 

c ' JpG it eriafled by ihe Senate and Houfe of Re prefent a- 

■^ tivesy in General Court ajfemhled, and by the author^ 
ity of the fa7ne, That the faid William Bartlet and others, 
and all fuch perfons as have already or hereafter fliall become 
Stockholders in faid Company, being citizens of the United 
States, be, and hereby are incorporated into a Company and 

Corporate Body Politic, by the name of The Newburyport Marine Infurance 

name. Company, for and during the term of twenty years after the 

palling of this Aft •, and by that name may fue or be fued, 

Privileges, &c. pig^^j q^ be impleaded, appear," profecute and defend to final 
judgment and execution, and have a common feal, v.'hich they 
may alter at pleafure ; and may purchafe, hold and convey any 
eftate, real or perfonal, for the ufe of faid Company, fubje£t to 
the reflricUous hereinafter mentioned. 

Sect. 2. And be it further enaBed by the authority aforefaid, 

Shares. That a lliare in the capital ftock of the faid Company ihall be 

fve hundred dollars; and the number of fliares Ihall not be lefs 
than two hundred, nor more than eight hundred : And 
if the f lid number of fliares are not already filled, fubfcrip- 
tions fiiall be kept open, under infpeclion of the Prefident 
and DirecSlors of tlie faid Company, until the fame fhall be 
filled ; and the whole capital flock, eftate or property, which 

the 



NE WBPT. MARINE INS. CO. June 1 8, An. i ^<^f^. 303 

the faid Company fhall be authorized to hold, fhall never ex- 
ceed four hundred thoufand dollars^ exclufive of premium notes Capital, 
or profits ariiing from faid bufinefs j of which capital ftock 
or property, Jiftecf J thoufand dollars only fhall be inveited in real 
eftnte. 

Sect. 3. And he it further ejiaEled^ That the flock, prop- 
erty, affairs and concerns of the faid Company {hall be managed 
and conducted by twelve DirecStors, one of whom fhall be the ^ire<ftoM. 
Prelident thereof, who fhall hold their offices for one year, and 
until a new choice be made, and no longer ; which Directors 
llaall, at the time of their ele(Stion, be Stockholders and citizens 
of this Commonwealth, and fhall be elefled on the firfi: Mon- 
day in jfanuary, in each and every year, at fuch times of the 
day, and at fuch place in t|ie town of Newburyporty as the Di- 
redtors for the time being fhall appoint ; of which elefbion 
public notice fhall be given in the newfpaper or newfpapers 
printed In the town of Neiuburyport^ and in one of the newfpa- 
pers printed in the town of BoHon^ and continued for the fpace 
often days im.mediately preceding fuch election : And fuch elec- 
tion fhall be holden under the infpe(5lion of three Stockholders, 
not being Directors, to be appointed previous to every eleftlon 
by the Directors, and fliall be made by ballot by a majority of 
votes of the Stockholders prefent, allowing one vote to each 
flaare in the capital flock ; provided, that no Stockholder fliall b« 
allowed more than ten votes : And the Stockholders not prci^ 
ent may vote by proxy, under fuch regulations as the faid Com- 
pany fhall prefcribe : And if, by reafon of any unavoidable ac- 
cident, the fiiid Diredlors flaould not be chofen on the firfl 
Monday of January as aforefaid, it fhall be lawful to choofe 
them on another day, in manner herein prefcribcd. 

Sect. 4. And be it further enaEled, That the Dire<Slors, fo 
chofen, fhall meet as foon as may be, after every election, and 
fliall choofe out of their body one perfon to be Prefident, who PreCdent. 
ihall prelide for one year, and be fworn faithfully to difcharge 
the duties of his office ; and in cafe of the death or i-elignation 
of the Prefident or any Director, or of his or their inability to 
ferve, fuch vacancy or vacancies fliall be filled for the remain- 
der of the year in which they may happen, by a fpccial ele^Ttion 
for that purpofe, to be holden in the fame manner as is hereiu 
before directed, refpedting annual eledlions for Diredtors and 
Prefident. 

Sect. 5. And be it further enacled, That the Prefident and 
fix of the Dire£tors, orfeven of the Diredors in the abfence of 
the Prelident, fhall be a Board competent for tlie tranfadtion of ^^^^^ ^'^ ^« - 
bufinefs \ and all queftions before them fhall be decided by a "'^'*' 
majority of votes ; and they fliall have power to make and 
prefcribe fuch by-laws, rules and regulations, as to them fhall 
appear needful and proper, touching the management and difpo- 

£tioa 



304 NEWBPT. MARINE INS. CO. 'June i8, An.1709. 

fitlon of the ftock, property, eftate and effedls of faid Company, 
and the transfer of fhares, and touching the duties and con- 
duct of flie feveral ofEcers, clerks and fervants employed, 
and the ele6lion of Directors, and all fuch matters as apper- 
tain to the buiinefs of infurance ; and Ihall ahb have power to 
Secretary, &c. appoint a Secretary and fo many Clerks and fervants for car- 
rying on the faid buiinefs, and with fuch falaries and allowances 
to them and to the Prefident, as to the faid Board iliall feem meet : 
Provifo. Provided^ That fuch by-laws, rules and regulations Ihall not be 

-Repugnant to the Conftitution or laws of this Commonwealth. 
S£CT. 6. And be it further enacted y That there fliall be 
• ftated meetings of the Directors, at leall once in every month, 
and as often within each monch as the Prefident and Board of 
Direftors fhill deem proper : And the Preiident and a Com- 
mittee of three of the Directors, to be by him appointed in 
rotation, fhall affemble daily, if need be, for the difpatch of 
buiinefs ; and the laid Board of Directors, and the Committee 
aforefaid, at and during the pleafure of faid Board, fhall 
Direflors au- have power and authority, on behalf of the Company, to make in- 
thorized to furance upon velTels, goods, eiFefts and freight, and againft cap- 
make infur- tjyity of perfons, and on the life of any perfon or perfons du- 
ring his or their abfence by fea, and in cafes of money lent up- 
on bottomry and refpondentia, and to fix the premiums and tenns 
g. . /. I of payment ; and all policies of infurance by them made, fliall 
icies. be fubforil^^d by the Prefident, or in cafe of his death, ficknefs, 

inability, or ablence, by any two of the Direftors, and counter* 
iigned by the Secretary, and fliall be binding and obligatory 
upon the faid Company, and have the like eiFetSl and force as 
if under the foal of faid Company ; and the afllircd may there- 
upoii maintain an adtion ttpon the cafe againft the faid Compa- 
ny ; and all lofies duly arifing under any policy, fo fubfcribed, 
may be adjufted and fettled by the Prefident and Board of Di- 
rectors, and the fame fliall be binding on the Company. 

Sect. 7. And he it further efiaaed, Th'Sit it fliall be the duty of 
the Dirediors, on the fecond Monday of Juiie and December, in 
Dividends. every year, to make dividends of fo much of the intereft arifing 
from their capital flock, and the profits of the faid Company, 
as to them Ihall appear advifcablc •, but the monies received and 
notes taken for premiums on riiks, which fhall be undetermined 
and outftandlng at the time of making fuch dividends, fliall net 
be confidered as part of the profits of the Company ; and in 
e-pital to be ^'^^" °^ ^^^ ^°^^ °^ lofTes, whereby the capital ftock of the Corn- 
kept good. pany fliall be lelTened, each Proprietor or Stockolder's eftate 
fhall be held accountable for the deficiency tliat may be due 
on his fliare or Ihares at the time of faid lofs or loffes takuig 
place, to be paid in to the faid Company by ?frefilTients, or 
fuch other mode, at fuch time or tiroes as the Diredtors Ihall 

order ; 



NEWBPT. MARINE INS. CO. Junci^, An.i799» 335 

ordei- ; and no fubfequent dividend fhall be made until a Turn 

equal to fiich diminution fhall ha^'C been added to the capital : ™ . . , 

and that once in every three yeafs^ and ottener, it required by ftatement to 

a majority of the votes of the Stockholders, the Directors fhali be made to the 

lay before the Stockholders, at a general meeting, an exacl and Stockholders. 

particular ftatement of the profits, if any there be, after dedudt- 

ing lofles and dividends^ 

Sect. 8. And he it further £?iaiied, That the raid Company 
fhall not, diredliy nor indirectly, deal of trade in buying or fell- Company not 
ing any goods, wares, merchandizes or commodities whatfoever 5 '° '''^'^^• 
and the capital ftock of faid Company, after being collefted at 
each inftalment, fliall be invefted, either in the funded debt of 
the Ur-ited States, or of this Commonwealth, or in the flock of Security of cat3= 
the United States Barii, or of any incorporated Bank in this ital. 
Commonwealth, in either or all of them, and in fuch propor- 
tions as may be moft for the intereft of faid Company, at the 
difcretion of the Preiulent and Directors of faid Company, or of 
fuch other perfon or pcrfons as laid Stockholders Ihall for fuch 
purpofe at any meeting appoint. 

Sect. o. yind be it further enacted^ That one hundred and 
fifty dollars on each fliarc in faid Company ihall be paid with- 
in twenty days after the firft meeting of faid Company, and the Period in which 
remaining fum due on each fhare, within one year after faid ^^r^are tobe 
meeting, at fuch equal inftalments, and u i-ler fuch penalties, " * 
as the laid Company fliall direct ; and no transfer of any fhare in 
f lid Company fliall be permitted or be valid until all the inftal- 
ments on fuch fliare ihall have been paid. 

Sect. 10. Jnd be it further enoEledy That no perfon being ^^embers of 
either fingly or as a partner with one or more perfons, a member ^j^^ "cannM^be 
of any other Company, carrying on the bulinejs of marine inlur- Diredors in 
once in faid Nenvhur'spr-t, fhall be eligible as a Director of the this. 
Company by this A6t ellabliil-ied. 

Sect, i i. Aiid be it further enabled by the authority afsrefaid^ 
That the property of any member of faid Company, vefted in 
the ftock of faid Company, fnall be liable to attachment, and to shares liable 
the payment and fatisfaiTtion of his juft debts to any of his bona fo-'debt. 
fide creditors, in manner following, viz. In addition to the fum- 
mons by law prefcribed to be left with the defendant, a like 
fummons fhall be left v\'ith the Secretary of faid Company ; and 
the debtors' ftiare in the faid Company's funds, together with 
the intereft and profits due, or growing due thereon, or fo much ^roceti, 
thereof as fliall be fufHcient, ihall thereby be held to refpond 
the judgment which may be recovered in laid fuit according to 
law ; and all transfers of the debtor^,' ftiares, net noted in the 
books of the Company, previous to the delivery of fuch fum- 
mons, fhall be barred thereby, and execution may be levied up- 
on 
Vol. II, 2„..P 



3o6 NEWBPT. MARINE INS. CO. June 1 8, An. 1 799. 

on the property of Jtny Stockholder in faid Company, and 
his fhare or fliares therein expofed to fale in the fame manner 
as is by law prefcribed where perfonal eftate is taken in execution \ 
and it (hall be the duty of the ofhccr who extends fuch exe- 
cution to leave an attefted copy thereof, with his doings there- 
on, with the Secretary of faid Company ; and the purchafer 
ihall thereupon be entitled to the i'aid debtor's fhare or fhares 
in faid flock, and the reception of all dividends and profits 
which the debtor was previoufly entitled to : And upon any 
attachment being made, or execution levied on any Ihares in faid 
Company, it fliall be the duty of the Secretary of faid Compa- 
fi^^th'^ oks° '■'y ^^ ^^po^^ t^^c books of the Company to the officer, and to 
furnifli him with a certificate under his hand, in his oflicial ca- 
pacity, afcertaining the number of fliares the debtor holds in 
faid Company, and the amount of the dividends thereon 
due. 

Sect. 12. And he n further enaBcd,, That in cafe any 
lofs or lofles fhall take place, which fliall be equal to the amount 
Prefident and °^ '^^ capital ftock of the faid Company •, and the Prefident or 
Biredors' cf- Directors, after knowing fuch lofs or lofles, fliall fubfcribe to any 
tates liable in policy of infurance, their eflates jointly and feverally fliall be ac- 
certain cafes. (.Q^j^t^ijig foj. ^j^g amount of any and every lofs that fliall take 
place under policies thus fubfcribed. 

Sect. 13. And be it further enacted y That the Prefident 

and Direftors of faid Company fhall, previous to their fubfcrib- 

ing any policy, and once in every year after, publifh in the 

Amount of newfpaper or newfpapers printed in faid town of Neivburyport, 

ftock, &c. to and in one of the Bojion newfpapers, the amount of their flock, 

be advertized. ^^^■^^Qi_ ^vj^^^j. j-jfj^-g j-hey mean to infure, and the largeft fum 

they mean to take on any one rifle. 

Sect. 14. And be it further enaBed, That the Prefident 
and Direftors of faid Company fliall, when and as often as re- 
statement to quired by the Lcgiflature of this Commonwealth, lay before 
Le"iflature^^^ them a flatement of the affairs of faid Company, and fubmit to 
an examinatiQn concerning the fame, under oath. 

Sect. 15. And be it further enaBedy That Wiliiam Bartlcty 
Ehenezer Stocher and Richard Pikcy or any two of them, are 
hereby authorized to call a meeting of the members of faid 
Company, as foon as may be, in Neivburyport, by advertifing the 
fame for three weeks fucceflively in the newfpaper or newfpa- 
Firft meeting, pel's printed in faid Neiuburyport, and in one of the Boflon newf- 
papers, for the purpofe of their electing a firfl Board of Direc- 
tors, who fliall continue in office until the firfl Monday in 
fanuaryy one thouland and eight hundred. 

[This Act pafled June 18, 1799.] 

An 



BOSTON BOARD OF HEALTH. 7«w^2o,An.i799. 307 

An ACT to empower the Town of Bojlon to clioofe a 
Board of Health, and for removing and preventing 
Nuifances. 



Sect, i, 



T)E it enacled by the Senate and Houfe cf Reprefenta- 
^-^ tivesy in General Court ajjenibled, and by the author- 



ity of the fame y That the freeholders and other inhabitants of 
the town cf Bfon, quaUfied to vote for town officers, fhall, on 
the firll: Wednefday of April annually, meet in their refpeftive Members to 
wards, at fuch time and place as may be appointed by the ^j'j*^^"^^^"^"""* 
prefent and fucceeding Boards of Health of faid town, and pub- 
liflied in two of the newfpapers printed in faid town feven 
days previoufly to the time of meeting, and choofe one able and 
difcreet perfon, who flxall be a freeholder and relident within 
the ward for which he fhall be chofen, to be a member of a 
Board of Health, which fliall confift of one perfon from each 
ward, chofen by a majority of the voters prefent and by ballot : 
And the members of the Board of Health, for the time beuig, „ .,. 
fhall prefide, each in his refpedlive ward, at fuch meetings, and tgrs to^prefide 
on the negledt of either of them, a Committee chofen by the at the annual 
ward Ihall prefide until a Clerk is chofen by a majority of the ^^h'"';^, with 
voters prefent, whofe duty it fhall be to prefide at future meet- P^°^''^"' 
ings of faid ward for the enfuing year, to call for the votes, re- 
ceive, count and declare the fame in open meeting ; and in cafe 
it Ihail appear that no choice has been made, the ballot fhall be 
repeated until a perfon fhall be ele<Sled, at whofe dwelling-houfe 
the Clerk ihall on the fame day leave a written notification of 
his being chofen as aforefaid, and upon his refufal or non- 
acceptance, within four days after notice as aforefaid, the Clerk 
{hall fummon a new meeting of the inhabitants of his ward, at j^^ew choice 
a time and place to be fpecified in two of the newfpapers afore- provided for. 
faid, three days at leafl before the intended meeting : Provided 
however^ in cafe of the refulal of the perfon chofen at the time 
he is elected, the ward may forthwith proceed to a new choice : 
And upon the acceptance of the perfon chofen, it fhall be the 
duty of the faid Clerk, within twenty-foui* hours after the fame, y. Board 
to notify the choice to the Prefklent of" the Board of Health for be informed of 
the time being, and the laid Board are hereby authorized to perfons chofen. 
continue their functions until a Secretary for their iuccefibrs - 
fhall be chofen and fworn : And the members of the Board of 
Health, fo long as they act in that capacity, fhail be exempted Privileges, 
from all the fervices and duties from which the Selectmen and 
Overfcers of the Poor of the town aforefaid are or may be 
exempted. 

Sect. 2. And be it further enaEled by the authority aforefaid^ 
That the Prefident of the Board of Health for the time being, 
or in his abfcnce the eldeft member thereof prefent, ihall, within 

five 



3o8 BOSTON BOARD OF HEALTH. yimeio,hn.ijg^. 

five days after the returns made to him by two-thirds of the 
Clerks aforefiiid, in cafe two thirds of faid members fliall be 
Exiftjnp Prefi-chofen, notify the new members returned and chofen, to meet 
dent to ofTitia teat the ufual place of the meeting of the faid Board, and fhall at 
till new Board fVi^-j^ meeting preside until a Trefident and Secretary is chofen 
IS organize . ^^^ ^^_^^ ^^^^ Board : And he is hereby authorized to adminifler 
, to fuch Secretary an oath, to make a faithful record ot all the 
fworn. votes, proceedings and regulations of the faid Board, and faith- 

fully perform the duties of his faid office during his continuance 
therein j which oath fhall be entei-ed and fubfcribed on the- 
records of the Board, and attefted by the perfon who fhall ad-. 
miniiler the fame : And the faid Prefident or eldeft men:iber 
fliall then deliver over to fuch Secretary the books, records and 
other papers of the faid Board of Health : And the records and 
Records may proceedings of the faid Board may be given in evidence touchy 
evidenced ^ ing any matter in difpute between the members of the fame, 
their agents and fervants, and any other perfon or perfons. 
Sect. 3. And be it further eiiacted, That it fl:iail be thq 

^, -r ,1, duty of the faid Board, or of any member thereof, to examine 
Nuifances tobe .-',,._ . /■ , / ' ri:i l u • • • 

examined into, "^to all nuilances, and inch lources 01 tilth as may be injurious 

to the health of the inhabitants of faid tov/n, whether the fame 
fhall proceed from flagnant waters, cellar^, drains, common 
fewers, fl aught er-houfes, tan-yards, fifh, lifh-houfes, filhing- 
boats, fifli-boxes, oyflers, oyfler^boats, hogs, hog-flies, docks, 
neceffaries, livery and other Ifables, putrid animal and vegetable 
fubftances, veflels, fcoAvs or boats, or any other caufe of any 
nature or kind whatfoever, which in their opinion may be in- 
jurious to the health of the inhabitants aforefaid, and the fame 
to deflroy or remove, as the cafe may require : And the fai4 
Rule? to be ef- i^oard, or a majority of them, are hereby fully authorized and 
tabliflied. einpowered, from time to time, to make fuch rules and regular? 

tions, to have effect v/ithin the hmits of faid town, as to them 
fliall appear neceilary to remove and prevent the aforefaid 
nuifances and fources of filth : And the laid members, or any 
two of them, fliall have power, having firfc obtained a warrant 
from a Juftice.of the Peace, in due forpi of law, predicated up- 
on a complaint under oath, direifted to the Sheriff of faid county 
Forcible entry qj- j^^g Deputy, forcibly to enter and fearch all houfes, ftores, 
niay be made, ^^jj^j-g^ veflels and boats, between the hours of fun-rife and 
fun-let, where they may have juft caufe to iufpeft any of the 
aforefaid nuifances or fources of filth to exifi:, and the fame to 
-, . ., remove or deftroy, as the cafe may require : Providn! hoiuever, 

cefs t^be exe- That no Sheriff or Deputy-Sheriff fliall execute any civil pro- 
<iittd by any cefs, either by arreiling the body or attaching the goods and 
officer at fuch chattels of any perfon or perfons under colour of any entry 
"'^'^^* made for the purpofcs aforefaid, unlefi; liich feivice could by 

lav/ h^ve been made without iuch eauy ; and all ferviccs fo 

made. 



BOSTON BOARD OF HEALTH. >;2^2c,An.i799. 309 

made, under colour of fuch entry, ftiall be utterly void, and the 
officer making fuch fervice lliall be conildered as a trefpafler to • 
all intents ab initio : And any perfon or perfons who Ihall refift 
fuch fearch, Oiall forfeit and pay the lum of not more than one Penalty for re- 
hundred nor lefs than tiucfity dollars, to be recovered in manner ^'^^nce. 
hereinafter provided : And it fhall be the duty of the Board of 
Health, or any two of them, upon dijcovering any of the nui- 
fances aforefaid, or other fources of fikh, injurious to the health 
of the faid inhabitants, to caufe the fame to be removed ; and Nuifanccs to 
the perfon or perfons in whole polTeffion the fam.e was found, °^ removed, 
/hall forfeit and pay the lum of ten dollMs^ and the coils of re- 
moval ; and any Juirice of the Peace within faid town, upon ^J^ r'^ "* 
complaint made to him on oath by one or more members of ai^y, 
the faid Board, briefly therein ftating the fa£ls, together w^ith 
the cofcs of fuch removal, Ihall ifliie his warrant thereupon, 
directed to the Sheriff of the county of Suffolk, his Deputy, or 
any Conftable of faid town, commanding him to notify the 
perfon or perfons in whofe poffeflion or upon whofe eftate fuch 
nuifance or other fource of filth aforefaid was found, his or their 
agent or agents, attorney or attorneys refpeilively, forthwith to 
appear before fuch Jurtice ; and if fuch perfon or perfons, after 
the fervice and return of faid warrant, fhall negleft to appear 
as afoi-efaid, or appearing, fliall not fhew caufe to the fatisfa^lion 
of the Juflice, why judgment lliould not be rendered againft 
him or them, for the fine oiten dollars herein beforementioned, 
and for all the cofts of removal as aforefaid, then the faid JuC 
tice fliull render judgment again ft fuch perfon or perfons for the 
faid fine, cofts of removal, and double cofts of profecution, not- 
withftandtng the fxid fine and cofts of removal may exceed the 
fum of thirteen dollars, thirty-four cents ; and the faid Juftice 
fhall thereupon iffue his warrant of diftrefs, directed as afore- 
faid, commanding the ofticer to whom it may be directed to 
levy the fums therein mentioned, with the expenfes of levying, 
together with his own fees upon the goods and eftate, and for 
want thereof, upon the body of fuch perfon or perfons ; and 
any party aggrieved at any judgment that may be rendered 
upon fuch complaint, may appeal to the Court of General Sef- ■M'pcal allow* 
fions of the Peace next to be holden within and for faid county, 
and fliall, before his appeal is granted, recognize in fuch rea- 
fonable fum as the Juftice ihall order, with fuliicient furety or 
fureties to profecute his appeal, and ihall be held to produce, at 
the Court appealed to, copies of the whole procefs, the faid appeal 
to be claimed on the day of rendering judgment as aforefaid ; 
and the faid Court Ihall proceed to hear and try faid caufe with 
or without the intervention of a Jury, as the cafe may require, 
and fliall render fuch judgment, and iffue luch warrant of dif- 
trefs as a Juftice of the Peace within the town aforefaid is 

hereby 



310 BOSTON BOARD OF HEALTH. Juneio.hn.i'jg^, 

hereby authorized to do, and no appeal from the judgment of 
faid Court fhall be allowed. 

Sect. 4. And be it further enaSled by the authority nforefaidy 
That any perfon or perl'ons who fliall difobey or violate the 
rules and regulations of faid Board, that fhall be made as afore- 
faid, after the expiration of three days from the publication of 
Penalty for dif- the fame in two of the newfpapers aforefaid, fhall forfeit and 
obeying rule?, p^y the fum ci Jive dollars, to be fued for and recovered in the 
manner pointed out in the foregoing fedtion. 

Sect. 5. j^nd be it further enaBed^ That any perfon who 

fliall offer for fale in the town of Bojlon^ or who fhall have in 

his poffeffion any tainted or putrid falted meat or pickled fifh, 

which fliall be fo deemed by any two members of the faid 

Board, upon conviftion thereof in manner laft: mentioned, fhall 

— for poffeffing forfeit and pay the fum ol two dollars, for each and every fuch 

tainted meat, barrel by him fo offered for file or found in his poffeffion : 

And it ihall be the duty of every licenfed packer of provifions 

p , . and pickled filh within faid town, forthwith to give information 

information, ^o the faid Board, or feme member thereof, of any fuch meat 

or hill that fhall come to his knowledge ; and every packer of 

filted provifions throughout this Commonwealth, is hereby 

prohibited from re-packing any fuch meat or fifh that fhall be 

M t 1 1 1 P'-'^^""^ °^ tainted ; and no falted meat or fifh fhall be hereafter 

packed in Bol- re-packed within faid town of Bojlon, between the fifteenth day 

ton for certain of 'June and the firft day of OElcher, unlefs upon fome ifland, 

*'™'^* and with the permiflion in writing of the Board aforefaid, or 

any three of them : And every packer aforefaid, who fhall 

neglect to give information as aforefaid, or who fhall re-pack as 

aforefaid, contrary to the true intent and meaning of this A6t, 

fhall, upon convi^iion thereof in manner aforefaid, forfeit and pay 

for each and every barrel containing meat or fifh tainted or putrid, 

which he fhall fo negleft to give information of, the fum of three 

dollars, and for each and every barrel fo re-packed, the fum of 

Pa Ti - - 1 /'"'' ^"^^'^^"^ • -^'""^ t^^^ ^'^'^ packers within faid town fhall be 

iSvoni. ' fworn before tlie faid Board, or any member thereof -, and the 

packers in the other towns in this Commonwealth, before the 

Clerks of their refpcctive towns, faithfully to difcharge their 

duty as packers of falted meat and provifions according to the 

true intent and meaning hereof: And the faid Board, and the 

rcfpcdtive members thereof, and the feveral Clerks of faid towns 

are hereby feverally empowered to adminifter faid oath : And 

the packers aforefaid, and every of them, who fhall neglect to 

take the faid oath as loon as may be, after pafling this Act, and 

who fliall neglect to mention in each certificate by him iffued, 

after taking faid oath, his having been fworn as aforefaid, fhall 

be liable to be removed from his office of packer aforefaid, on 

complaint made to the Governor and Council, and fhall be 

difquahfied 



BOSTON BOARD OF HEALTH. Juneio,Kvi.iy()g. 311 

difqualified from executing or performing the office or employ- 
ment of a packer as aforefaid, for the fpace of three years then 
next coming. 

Sect. 6. And be it further enaEled, That no untanned Untanned 
hides Ihall hereafter be ftored or kept in the town of Boftotiy hides. 
between the firft day of ]\Ia')y and the firft day of December, 
and that all fuch hides, found in faid town within the time 
fo prohibited, fliall be forfeited, unlefs removed without the 
limits of faid town, by the owner or poflefTor thereof, within 
twenty-four hours after notice given him by any member of 
faid Board, and fuch hides fo forfeited {hall and may be feized 
by any two of the faid Board of Health, and fliall and may be 
libelled and tried in the fame way and manner, and by the 
fame procefs as is provided for the trial of gun-powder feized 
according to law. 

Sect. 7. And be it further enaSlcdy That all mafters of 
veflels, or other perfons being on board the fame, who fhail 
throw, or fuffer to be thrown into any of the docks of faid Throwing filth 
town, without permiffion from the Board of Health, any filth i»-to docks, and 
or fvveepings of veflels' holds, or land or fuffer to be landed "a' j^ ^^^' 
any fufpedled cloaths or bedding, or in any wife contravene prohibited. 
the rules and regulations of fuel Board, that may be made as 
aforefaid, contrary to the true intent and meaning of this Adl, 
Ihall feverally forfeit and pay for every fuch offence, not more 
than thirteen^ nor lefs than^^^i^^ dollars., according to the nature 
and aggravation of the offence, to be fued for and recovered 
in manner pointed out in the third fe^lion cf this Act. 

Sect. 8. And he it further etiacled by the authority aforefaid. 
That whenever it fliall appear to the faid Board of Health, 
that the fafety of the inhabitants of the town of Bofon requires 
that any veffel or veflels which fhall arrive within the harbour 
of Bojion, from any port or place, fhould perform quarantine, 
the faid Board are hereby required and empowered The Board may 
to caufe fuch veffel or veffels to perform quarantine, '^."'^'^ quaran- 
under fuch reftrictions, regulations and qualifications as they 
may judge expedient j and any owner, mafter, fupercargo, 
officer, feamen, confignee or other perfon, v/ho fliali negledl 
or refufe to obey the directions, rules, regulations, reftridtions 
and qualifications of the faid Board of Health, refpefting faid 
quarantine, and fliall be thereof convicted upon indiiStment or 
information before the Supreme Judicial Court, or Court of 
General Seffions of the Peace, held in the faid county of Suf- 
folk, fliall be fined a fum not exceedingj^-u^ hundred dollars, or Penalty far 
be imprifoned for a term of time not exceeding fix months, breach of. 
or both, at the difcretion of the Court having cognizance of 
fuch offence. 

Sect. 9. And be it further enacled, That whenever the faid 
Board of Health ihall think it neceffary to order all veffels, 

whichi 



312 BOSTON BOARD OF HEALTH. Juneio.An.i'jg^. 

which (hall or may arrive at the faid port of Boflon ^irom. any par* 
ticular port cr porrs, to perform quarantine, and lliall give notice 
of fuch order to the pilots of the faid port of Boficfi, it fiiall be 
Pilots direifled. tj^P duty of fucli pilots to make known the faid order to the 
captains or mafters of all velTels which they {hall board ; 
and if any pilot, after notice given to him as aforefaid, fhall 
regleft to make known the faid order, or fhall pilot any vefTel 
to. any place in the harbour of 5j/?c^/, except to Rainsford's IJland^ 
he fliall forfeit and lofe his branch, and fliall be difqualified 
from doing and performing the duty of a pilot for the term of 
twelve months then next enfuing. 

Sect. iq. jind be it further enaBedy That any mafler or 
commander of any vefiel, who fhall enter the faid harbour of 
JBofon, with his faid veflel, after notice given to him, by any 
perfon or perfons whomfoever, that a quarantine has been 
direfted by the faid Board of Health, for all velTels coming 
from the port or place from which fuch mafter or commander 
fhall have arrived, or who Ihall falfely or fraudulently attempt 
to elude the directions of the faid Board of Health, by falfe 
and unfounded declarations of the port or place from whence he 
came, or who fhall land, or fuffer to be landed, from his vefTel, 
any perfon or perfons, or goods, apparel, bedding or merchan- 
dize whatfoever, without the permiilion of the faid Board of 
Health, every fuch mafter or commander fhall, upon convic- 
tion thereof, in manner and form pointed out in the eighth 
feclion of this A61, forfeit and pay a fum not exceeding _/?%'£• 
va^diiv-- quaraii- hundred dollarSy or fufter imprilbnment for a term not exceed- 
tine orders. ing fix months, or both, at the difcretion of the Court having 
cognizance of fuch offence. 

Sect. ir. /hid be it further enacled^ That every keeper of 
Keepers of a boarding or lodging houfe, within the town of Bojhuy be- 
lodgin^-houfes tvveen the firfl- day of May and the firfl day of November in 
iiredled. ^,^^j^ year, fliall, wathin twelve hours after any feafaring man 

or other lodgers becomes fick in fuch boarding or lodging 
houfe, within the town of Bofouy report in writing the name 
of fuch difeafed perfon to the Board of Health, or to a mem- 
ber of faid Board, and the nature of his dilbrder : And no 
Mafters of vef- """^fl^^r of a veflel fhall remove any fick or difeafed perfon 
fels not to re- from an)* vefTel lying at any of the wharves within the harbour 
move fick. of Bofto7iy before the name of fuch Tick perfon has been reported 
to the Board of Health, or a member thereof, and a written 
permit obtained from at leaft two of them, authorizing fuch 
removal, which permit fliall exprefs the time, place and 
manner of fuch removal : And every perfon, whether keep- 
ers of boarding or lodging houfes, or mafters of veffels, who 
fliall refufe or neglect to comply with either of the afore- 
faid directions, ihall, on conviction before the Court of Gene- 
ral 



BOSTON BOARD OF HEALTH. yune2oM.i799^ 313 

ral Seflloas of the Peace, in faid county, forfeit and pay a fine 
not exceeding one hundred dollars, or futFer imprifonraent not 
exceeding two months, or both, at the difcretion of faid Court. 

Sect. 12. And be it further enaBed, That whenever the 
viflting Phylician of the faid Board of Heakh fhall think it 
neceflary tliat any veflel fhould be purified and cleanfed, and 
perform quarantine, he (hall direct the mafter or commander Pfiyfician au« 
of fuch veflel, to proceed to anchor near R nnsford's tjUTid^Wxih.- '^^"^ed. 
in the outer harbour of Bo/lon, for the purpoie of purification ; 
and it fhall be the duty of faid Phyfician to apply to the 
Board of Health, to dire«ft the time and manner in which faid 
purification .fhall take place, and the expenfes thereof fhall 
be defrayed by the mafter, commander, owner or confignee 
of every fiich vefTel, to be recovered by an action of the cafe, 
in the name of the Prefident of the faid Board of Health : 
And each and every mafler, commander, owner or confignee 
of every fuch vefTel, who fhall negle<El or refuie to comply 
with fuch dire£lions, fhall, on convidion thereof before the 
Court of General Seffions of the Peace, be fined not exceeding Penalty for dif- 
one thoufand dollars, or fufFer imprifonment for a term not ex- "^eyi"g the 
ceeding fix months, or both, at the difcretion of the Court. ^^ ^"^"' 

Sect. 13. And be it further enaEled, That every difeafed j^., ^ . 
mariner, or other perfon fent to Rainsford's IJland by the faid ners'co defray 
Board of Health, fhall be there kept and maintained at his or expenfes, if a- 
their own coft and expenfe, or his or their parents or mafters, ''.'^ ' ^^^^^ P''"' 
if able, otherwife at the charge of the town or place to which abi^^^ en not 
they belong, and in cafe fuch perfon or perfons have no legal 
fettlement in any town or place within this State, then at the 
charge of this Commonwealth ; and every perfon fent to 
Rainsford^s Ifland, for the purpofe of purification as aforefaid, 
by the faid Board of Health, fhall be fubje<5l to the fame re- 
flriclions as are provided by the feventh fedion of an Adt of 
this Comnaonwealth, pafTed the twenty-fecond day of Jtiney 
one thoufand feven hundred and ninety-feven, entitled, " An 
Aft to prevent the fpreading of contagious ficknefs." 

Sect. 14. And be it further enaBed, That the Board of 
Health for the town oi Bofion fhall provide, at the expenfe of Red flao-s to be 
faid town, a fuitable number of red flags, of two yards at leafl, provided, 
in length, and whenever they fhall order a vefTel or vefTels to 
Rainsford's IJland, for the purpofe of purification, they fhall 
direft the keeper of faid ifland to hoift on a flag-flafF, to be 
erefted for the purpofe, one of faid flags 5 and the mailer of 
every veflel ordered there to perform quarantine, fhall hoift 
one of faid flags on the head of the main-maft, there to be kept 
during the day time, fo long as faid vefTel or vefTels fhall re- 
main at faid ifland, for the purpofe of purification ; and during 

the 
Vol. IL 2....Q 



3U BOSTON BOARD OF HEALTH. 7«w^2o,An.i799, 

Perfons not to ^^^ ^^^'^^ ^^^^ ^"7 vefTel is performing quarantine, no perfon 
go on board iliall go OH board thereof, except thofe employed by, or under 
veflels riding ^\yQ Board of Health, nor Ihall any perfon go within a line to 
quarantineAc. ^g defignated upon the land on Rainsfonl's I/land, and every 
perfon who lliall tranfgrefs in either of theife cafes, fliall be 
conlidered as contaminated with infedlion, and held to under- 
go purification in the fame manner, and under the fame regu- 
lations and reftri^ions, as thofe performing quarantine on faid 
ifland, and fliall there remain until difcharged by the vifiting 
phylician ; and the faid phylician, or the keeper of the faid 
ifland, or any pei'fon employed thereon, may forcibly detain 
him for the purpofe aforefaid. 

Sect. 15. ^;id be it further enacted^ That if any fliip or 
V <r 1 ~f V A ^sff^^j fubjecl to quarantine, fliall pafs by the caftle, and enter 
to*^ quarantine within the inner harbour of BoJIon, it fhall be the duty of the 
puffing the caf- Board of Health for faid town, or any two of them, to order 
tie to be fent j-^e mafter of the faid veffel to proceed forthwith, with her crew, 
'^ paffengers and cargo, to Rainsford's Ifland ; and in cafe the 

faid mafter fhall refufe or negledl fo to do, for the fpace of one 
hour after faid order, he fnail, on convi£lion before the Su- 
preme Judicial Court, or Court of General Seflions of the 
Peace i^ faid county, forfeit and pay a fine not exceeding 
one thotifand dollars^ or fuffer imprifonment not exceeding fix 
months, or both, at the difcretion of the Court j and the faid 
Board of Health, on any negledl or refufal as aforefaid, fhall 
Force may be have full power and authority forcibly to enter on board fuch 
^ed. veflel, and to call to their afliftance, one or more of the pilots 

for the harbour of Bojhn, and fuch other perfons as may be 
neceflary, to proceed with laid velfel, her crev/, paffengers, and 
cargo, to Ra'insford's IJIaudy the expenfe of v/hich removal fhall 
be paid by the owner of fuch vefTel, which fhall and may be 
recovered by action of the cafe, in any Court competent to 
Pilots to give try the fame ; and any pilot or other perfon, who fhall refufe 
affiftanccuiidtr to give his afllflance, when required, Ihall pay a fine of thirteen 
penalty. dollars^ to be recovered upon conviction before any Juftice of 

the Peace for the county of Suffolk^ who fhall iflue his war- 
rant of diftrefs againft the goods and eftate, and for want there- 
of, againft the body of fuch perfon who fliall be convidted as 
aforefaid. 

Sect. 16. And he it further' enacted^ That all the powers 

and duties which are given to, and required of the Selectmen 

Certain powers ^^^^^^ town of Bofony by a certain law of this Commonwealth, 

transferred palled the twenty-fecond day of June^ one thoufand feven 

from the Se- hundred and ninety-feven, entitled, " An A£l to prevent the 

Boanf" ^^ ^ ol^?"^^^^^^^ °^ contagious ficknefs," fhall be, and they are hereby 

Health. transferred to, and made the duty of the Board of Health of 

the town of BofioHi any thing in laid law to the contrary not- 

withflanding. 

Sect. 



BOSTON BOARD OF HEALTH. June2o,Kn.iy^g, 315 

■ Sect. 17. And be k further enaB^dy That the Board of 
Health for the town of Bojlon fliall, and they hereby are em- 
powered from time to time, to choofe a fuitable and difcreet g j 
perfon, who has been approved of by fome Medical Society pnint vifiting 
within this Commonwealth, to act as a vifiting Phyiician to faid Phyfician. 
Board, whofe duty it fliall be to vifit all velTels coming from any 
place or places, in which the faid Board fliall think that any 
contagious ficknefs prevails, and fuch Phyfician fliall be under 
the directions of faid Board, and may be removed by them 
whenever they fliall fee caufe : And the faid Board of Health 
fhall have authority to appoint fcavengers for the town ol Bojlon ^ '^^^'^"o*^"- 
and fuch other ofiicers to aflifl: them in the execution of their 
office, as they fliall judge proper and neccfl^ary ; for payment 
of whom, and of all neceflarv expenfes which may arife in the 
exercife of their office, faid Board fliall be authorized to draw ^'^^^'^^jj"^^'^^ 
upon the Town-Treafurer, and the accounts of faid Board fliall xrcafurer. 
be examined by the Committee of Accounts, annually chofen 
by the town for that purpofe, who fliall report a ft:ate of them 
to the town accordingly, and the fame fliall be paid by the 
Treafurer of the faid town. 

And whereas by the eleventh feftion of the Aft of this 
Commonwealth, entitled, " An Aft to prevent the fpreading 
of contagious ficknefs," it Is enafted, " That each town or 
diftrift in this Commonwealth may, at their meeting held in 
March or April annually, or at any other meeting legally 
warned for that purpofe, when they ihall judge it to be necel^ 
fary, choofe and appoint a Health Committee," In the manner 
and for the purpofes in faid eleventh feftion mentioned : 

Sect. 18. Be it further enaBed^ That fo much of faid law 
as refpefts the future appointment of a Health Committee for ^^^^^ ? ^ * 
the town of Bojlon^ be, and the fame is hereby repealed ; and pealed. 
that the Board of Health appointed, and to be appointed by 
virtue of this prefent law, be, and they hereby are, and fliall 
be, The Health Committee for the toivn of Boflon, and invefl:ed 
with all the powers and duties, as is herein in faid eleventh 
feftion defined, any thing in faid eleventh feftion to the con- 
trary notwlthftanding. 

' And whereas by virtue of an Aft of this Commonwealth, 
pafled the lall feffion of the General Court, {February the 
thirteenth, one thoufand feven hundred and ninety-nine) en- 
titled, " An Aft to empower the inhabitants of the town of 
Bcjlon to choofe a Board of Health, and for removing and 
preventing nuifances In faid town," the inhabitants did, in their 
feveral wards, choofe a Board of Health for the prefent year : 

Sect. 19. Be it further enacted. That the prefent mem- 
bers of the Board of Health for the town of Bojlorty chofen by ^'^^'"'^ ""^^r * 
virtue of faid law, be, and they hereby are declaretl to be the coo"]i^^cd ^^ ^^' 

members 



31^ BOSTONBOiVRD GFHEALTH. >;7^2o, An.1799. 

members of the Board cf Health, for the faid town, for the 
prefent year, and fhall remain in office until a new Board of 
Health ihail be chofen, agreeably to the firft fedtion of thif 
prelent law ; and they and each of them fliall have full pow- 
er and authority to aft in faid capacity, agreeably to the fpirit 
and meaning of this Aft, any thing herein to the contrary 
notwithftanding. 

Sect. 20. -^nd be it further enaBed, That all penalties an4 
Dif of- 1 f ^'^'"^^i'^^^^2 arifing from this Aft, except in thofe cafes in which 
g^g^" ^ ° it is herein otherwife provided, fhall accrue to the ufe of th^ 
faid town of B'jfioUy and fhall be profecuted and recovered by 
aftion of debt, in the name of the President of the faid Board 
of Health, or by information in any Court competent to try 
the fame : And it ihall be the duty of the Board of Health, 
and each of them, to purfue and enforce the due execution of 
the foregoing law, and profecute ail offenders for all penalties 
and forfeitures which may accrue under the fame. 

Sect. 2 1 . And be it further ena^ed. That on the death, 
refignatlon, or removal from the ward of which he is a mem- 
ber, of any of the Board of Health, it Ihall be the duty of the 
Prefident of the faid Board to illue a warrant to the Conftable 
, oi the ward, commanding him to warn, by leaving a printed 
ilTued for notification at the houfes of the inhabitants of the ward, the; 

choice of new inhabitants to meet at the place and time mentioned in faid 
members. warrant, for the purpofe of choofmg a new member, and the 
Clerk of faid ward fliall prehde at fuch meeting. 

Sect. 22. And be it further etmcled, That the wards men- 
Wards, tioned in this Aft fhall be the fame pointed out in a certain 
Aft paffed in the eighth and ninth years of the reign of 
George the Second, entitled, " An Aft for employing and pro- 
viding for the poor of the town of Brfioti." 

Sect. 23. And be it further ennciedy That an Aft, entitled, 
<< An Aft to empower the inhabitants of the town of Bojlon to 
choofe a Board of Health, and for removmg and preventing 
Former law re- nuiiances in faid town," be, and the fame is hereby repealed ; 
pealed. except fo far as the fame may be neceffary for the proiecution 

and final recovery of any fines, penalties, forfeitures, or aftions, 
which may have been incurred prior to the repeal of faid Aft. 
Sfxt. 24. -And be it further enacted by the authority cforefaidj 
Putrid meat, That no untanned hides, or putrid or tainted meat, or fifli, 
&c. not to be fliall be removed from the town of Bofon, or from any vefl'el 
townrwitho" within the harbour of faid town, by virtue of this Aft, to any 
pcrniiiTion ot town within this Commonwealth, without permiffion from the 
Sekamcn. Seleftmen of the town to which fuch hides, meat or filh are 
propofed to be removed \ and that all untanned hides fo re- 
moved without permiffion as sforefaid, fliall be forfeited to the 

ufe 



SANDISFIELD BAP. SOCIETY. >«^ 20, An. 1799. 3x7 

life of the town to which they fhall be removed, and (hall and 
niay be proceeded againft in manner pointed out in the iixth 
fe^lion of this AS:. 

[This Adl paiTed June 20, 1 799.] 



An ACT in addition to an Acl, entitled, " An AQ: 
to incorporate a Number of Inhabitants in the 
County of Berkpire into a Religious Society by the ^'''°- *-^' '^'*' 
Name of The Firji Baptiji Society in the Town of San- 
disJieldJ* 

q r)E it e?m5led by the Senate and Houfe of Reprefenta- 

■^ tiveSy in General Court ajfembled, and by the author^ 
ity cfthefameyTlv^t if any perfon belonging to either of the ^ngham''^'^or 
towns of Sandisfc/d, Tyringhain or Neiu~Morlboroughy in the New Marlbo- 
county of BerkJJjtre, being of the Baptift denomination, {hall rowghmayjoia 
unite in religious worfhip with faid Society, and fhall leave a "^^'^ Society, 
certificate, figned by the Minifi:er or Clerk thereof, with the 
Clerk of the Religious Society to which he belongs, fourteen 
days previous to the annual meeting of faid Religious Society, 
to be holden in the months of March or jipril^ that he has ac- 
tually become a member of and united with faid Baptift Soci- 
ety, fuch perfon fhall, from and after giving fuch certificate, 
be conlidered, together with his polls and eflate, as belonging 
to faid Baptifl Society : Proinded however. That fuch perfon 
Ihall pay his proportion of all monies that fliall have been pre- 
vioufly voted in the Society to which he belongs. 

Sect. 2. Be it further enacled. That when any perfon perfons may 
belonging to faid Baptift Society fliall fee caufe to leave the leave this Bap- 
fame, and unite with any other Religious Society, and fhall "^ Society, 
leave with the Clerk of faid Baptill: Society, a certificate of the 
fame, figned by the Minifter or Clerk of the Parifh, or other 
incorporated Religious Society with which he has united, 
fourteen days previous to the annual meeting of faid Baptifl 
Society in the months of March or Apiil, and fhall pay his 
proportion of all monies that fhall have been pievioufly voted 
therein, fhall be confidered, together with his polls and ef- 
tate, as belonging to the Society to which he has fo united. 
[This Acl puffed June 2o, 1799-] 



An ACT to empower the Inhabitants of the Town Additionaua, 
oi Salem to choofe a Board of Health, and for re- June 16, i 800. 
moving and preventing Nuifinces in faid Town. 

« TiE it enaBed by the Senate and Hovfe of Repreftnta^ 

I . JJ fi^j^j^ j,i General Court ajpinbledy and by the author- 
ity of the fatney That the freeholders and other inhabitants of 

the 



3i8 SALEM BOARD Or HEALTH. y««tf 21, An.1799. 

Authorked to *^^^ town of Salem^ qualified to vote for town oflicers, may, on 
choofe a Board the firfi: Monday of Jlpril annually, or at any other meeting 
ofnineperfons. legally called for the purpofe, choofe a Board of Health, con- 
filling of nine perfcns, not lefs than two of whom (hall be 
chofen out of each ward in faid town ; the members of which 
Prefident and Board of Health fliall eleft a Prefident and a Clerk, whofe 
1 a d° ^' ^^^"^ '^^ ^^^^^ ^^ ^^ record the votes and doings thereof; and 
in cafe of the death or refignation of any one of the members 
of faid Board, the faid freeholders or other inhabitants may, 
at any meeting legally called for the purpofe, elect a member 
out of the fame ward to fupply his place. 

Sect. 2. Be it further ennEledy That it fliall be the duty 
Board to ex- of the Board of Health, and each member thereof, to exam- 
nuifances. ^"^ "^'^^ "^^ nuifances and other caufes injurious to the health 
of the inhabitants ; whether the fame Ihall be caufed by ftag- 
nant waters, drains, common fewers, fiaughter-houfes, tan- 
yards, fifli, fifli-houfes, docks, neceflaries, hog-fties, putrid 
animal or vegetable fubftances, or any other caufe of v/hatever 
kind, which in his or their opinion may be injurious to the 
health of the inhabitants as aforefaid : And upon complaint 
on oath being made to any Juflice of the Peace by any mem- 
ber of faid Board of Health, or other perfon, that he fufpedts 
any of the nuifances or caufeo aforefaid to exift in any dwell- 
Juftlce of ing-houfe, cellar, ftore, other building, fhip or veffei, it fhall 
Peace to iffue be the duty of fuch Juftice to iffue his warrant, directed to the 
movar'^"'"'^" ^'>5^erlff of the county of EJJi:x, or his deputies, or to any Con- 
ftable of the town of Sulem^ commanding him or them forcibly 
to enter, and together with a member of faid Board of Health 
to fearch the fame in the day time, and upon the difcovery of 
fuch nuifance or oth#- caufe injurious to the health of the in- 
habitants, to remove the fame : Provided hDivever^ That no 
Civil Procefies Sheriff or Deputy-Sheriff or Conftable, fball execute any civil 
not to be exc- procefs, either by arresting the body or attaching the goods 
cuted under .^^^^ chattels of any perfon or perfons, under colour of any en- 
for nuifanceZ ^^7 "^^'^^ for the purpofes aforefaid, unlefs fuch fervice could 
by law have been made without fuch entry ; and all fervices 
fo mnde under colour of fuch entry fliall be utterly void, and 
the officer making fuch fervice fhall be confidered as a tref- 
paffer to all intents ab initio : And any perfon or perfons who 
fhall refift fuch fearch fhall forfeit and pay the fum of twenty 
dollars^ to be recovered in manner hereinafter provided : And 
it fliall be the duty of the Board of Health, upon the difcovery 
Board to caufe ^ ^ j j^j^,jf^,-j(-g ^j. other caufe injurious to the health of 

nuifances to be " . / r , r • , c ^ ■ ^ i r 

removed, and the uihabitants ot the iaid town, torthwitu to remove the lame ; 
Juflices to jfTue and upon complaint to any Juftice of the Peace within the 
warrants for ^^^^ town Or in faid county, made upon oath by one or more 
of faid Board of Health, briefly therein ftating the fadts, to- 
gether 



SALEM BOARD OF HEALTH. June 21, An.ij^g, 319 

gether with the cofts of fuch removal, fuch Juftice fhall grant 
a warrant, therein exprclhng the fubftance of the faid com- 
plaint, directed to the Sheriff of the county of EJfex, or his 
Deputy, or any Conftable of the town of Sa/etriy command- 
ing him to notify and require the perfon or perlbns in whofe 
poffeffion, or upon whofe eftate fuch nuifance or other caufe 
aforefaid exifted, or in cafe of his abfence, his agent or attor- 
ney, to appear forthwith before fuch Juftice •, and if fuch per- 
fon or perfons fliall negle6t then and there to appear, or ap- 
pearing fhall not fhew good caufe, to the fatisfaftion of faid 
Juftice, why judgment Ihould not pafs againft him or them, 
the faid Juftice fliall then and there adjudge, that fuch perfon 
or perfons fhall pay a fine of thirteen dollars, and the cofts of 
fuch removal and double cofts of profecution ; and fliall there- 
upon ifiue his warrant, dire^Sled to the Sheriff" of the county 
oi Ejpx, or his Deputy, or any Conftable of the town o£ Sale?n, 
thereby commanding him to levy the expenfe of faid removal, 
together with faid fine and double cofts, on the goods and ef- 
tate, and for want thereof, on the body of the laid occupier or 
proprietor of the houfe, land, cellar, docks, ftore or veftel in 
which faid nuifance exifted ; and faid fine ftiall be paid over 
to the Town-Treafurer for the ufe of the faid town : Provided 
ahuaysy That any perfon or perfons aggrieved at any judgment 
of a Juftice paffed againft him or them as aforefaid, fhall have 
a right to appeal therefrom to the Court of General Seflions ^PP^^^ all»w- 
of the Peace, then next to be holden within and for the county 
of EJJex, who fhall hear and determine on fuch complaint with, 
or without the intervention of a Jury, as the cafe may require, 
and thereupon render fuch judgment as the Juftice is herein 
before authorized to do in an original complaint to him, with 
additional cofts ; and the judgment of faid Court thereon fhall 
be final : Provided never tbeltfs. That no fuch appeal fliall be Previr». 
granted, unlefs the refpondent fliall claim the fame on the day 
on which the Jultices' judgment fliall be rendered, and fhall 
enter into recognizance, with two fuliicient fureties, to profe- 
cute faid appeal with efFecl : And faid Board fhall have au- Board to ap- 
thority to appoint fcavengers, and fuch other officers to affift P"'"' certain 
them in the execution of their office, as they fliall judge ne- may'^draw up- 
ceflaryj for payment of whom, and all necefTary expenfes on TownTrea- 
which may arife in the exercife of their office, the faid furer. 
Board fliall be authorized to draw upon the Treafurer of faid 
town. 

Sect. 3. Be it further enaBedy That any perfon who fliall 
offer for fale in the town of SaLm, or firall have in pofTeffion 
any tainted or putrid faked meat or pickled fifli, which fhall 
be fo deemed by any two of the Board of Health, upon convic- Penalty for 
tion thereof in manner aforefaid, fhall forfeit the fum of tivo pcffeffing pu- 

dollars '"^ "^^at, &c. 



320 SALEM BOARD OF HEALTH. 7«;i^ 21, An.1799. 

dollars for each barrel To offered for fale, or that he fhall have 
in poffeffion : And it Ihall be the duty of every hcenfed packer 
of provillons and pickled fifh, to give information to the Board 
of Health, or fome one of them, of any fuch meat or fifh that 
fhall come to his knowledge, and fhall moreover be fworn be- 
fore the Prefident of the Board of Health, or fome one of faid 
Board, to give fuch information, before he fhall execute that 
truft, after faid Bo.^.rd of Health fhall have been chofen ; and 
the faid Prefident and m-embers are hereby feverally authorized 
to adminifter faid oath : And if any packer of provifions fhall 
ed and^reftrkt- ^'^-p^ck any meat or fifh that (hall be unwholefome or not fit 
cd. for ufe, and be thereof convicted before any Court competent 

to try the fame, he fhall forfeit two dollars for each barrel io 
re-packed, and fhall forever be difqualified for ferving again in 
TifionTfn cer- '"'^'^^ capacity ; and no provifions fhall be re-packed in the faid 
tain months town of Sa/tmy between the firfl day of June and the firft day 
prohibited of OBober in any year, unlefs in fuch place or places therein, 
with an excep- ^j^^j-e permiffion therefor fhall be obtained in writing from the 
Board of Health ; and if any perfon or perfons, who fhall re- 
pack any provifions within the times aforefaid in the faid town 
of Saletn, in any place or places where permiflion therefor in 
writing hath not been firfl obtained of faid Board of Health, 
fhall forfeit the fum of two dollars for each barrel fo re-packed. 
Sect. 4. Be it further ennBcdy That no perfon or perfons, 
without firfl obtaining permiflion therefor from the Board of 
f 11 Vh Health, or two members thereof, fhall kill any fheep or lambs, 
and lanib» rcg- or expofe to fale within faid town, between the firft day of July 
ulatcd. and the twentieth day of September in any year, the meat of any 

Iheep or lambs which fhall have been killed within tlii-ee days 
after fuch fheep or lambs fhall have been driven into faid town j 
and every perfon who, without having firft obtained fuch per- 
mlfiion, fhall, within the times aforefaid, kill any flieep or lambs 
within faid town, within three days after fuch fheep or lambs 
fliail have been driven into the fame, or fhall expole or offer 
for fale within faid town, the meat of any fheep or lamb which 
lliall have been fo killed, fhall forfeit and pay for each offence 
Hvertty doUnrs, and the meat of every fheep or lamb fo killed 
fhall be forfeited ; and the faid Board of Health, or any two of 
them, may, and it fhall be their duty to feize and remove the 
fame, and difpofe thereof, fo as that the health of the inhabitants 
may not be endangered therebv ; and in any action or profecu- 
tion againft the members of fiid Board of Health, or either of 
them, for feizing any meat of fheep or lambs by virtue of this 
A(ft, the plaintiff or profecutor fhall be held to prove that fuch 
fheep or lambs were killed after the expiration of three days 
from the time the fame were driven into faid town, or by the 
permiflion of faid Board of Health. 

Sect. 



SALEM BOARD OF HEALTH. June 21, An.1799. 321 

Sect. 5. Be it further enacJed, That no untanned hides fliall UntanneJ 
be ftored or kept in the town of Salem aforefaid, between the j^'^ies not to 
firft day of May and the firft day of Decemkr, except in fuch ^^^^,^ "^^^ ^^^] 
place or places as the Board of Health Ihall direct and appoint, tain months, 
and that all fuch hides, found in any other place or places in 
faid town within the times laft mentioned, (hall be forfeited, 
unlefs removed to fuch place as the Board of Health fhall 
dire<n:, without the limits of faid town, by the owner thereof, 
>vithin twenty-four hours after notice given him by the faid 
Board of Health, or any two of them •, and fuch hides fo for- 
feited fhall and maybe feized by any two of faid Board of Health, 
and fliall and may be libelled and tried in the fame way and 
manner, and by the fame procefs as is provided for the trial of 
gun-powder feized according to laW : And any perfon or per^ pjj^j^ no^ jo l^g 
fons who fhall throw upon the wharves or flores, or irlto any of thrown on 
the docks in the town, any putrid meat, fifli, or any other putrid wharves, &c, 
or ofFenlive fubftance, or any thing contrary to the order or 
1-egulations of the Board of Health, fhall forfeit and pay for 
each offence a fum not lefs than two dollars nor more than thir- 
teen dollars, at the difcretion of the Court which may have cog- 
nizance of fuch offence ; that all maflers of vefTels who fhall 
throw upon the wharves or fhores, or into any of the docks of 
faid town, without permiflion from the Board of Health, any 
filth or fweepings of the veflel's hold, (hall forfeit a fum not 
lefs thnnjive dollars nor more t\\7in ffly dollars for each offence. 

Sfxt. 6» Be it further enaBed, That whenever it fliall ap- 
pear to the faid Board of Health, that the fafety of the inhab- 
itants of the town of Salem requires that any vefTel or vefTels 
which fhall arrive within the harbour of Salem from any pert goard «jf 

or place, fliould perform qu:;^.rantine, the faid Board are hereby Health author- 
required and empowered to caufe fuch vefTel or vefTels to per- '^ed to dircA 
form quarantine at fuch place as they fhall appoint, and under ^" 
fuch refbriftions, regulations and qualifications as they may 
judge expedient j and any owner, mafter or fupercargo, ofHcer, 
ieaman or confignee of any vefTel, or any other perfon,, who 
fhall negle^l or refufe to obey the orders, dire£tions, rules, reg- 
ulations, reftri£tions or qualifications of the faid Board of Health. 
refpe6ling faid quarantine, and (hall be thereof convicted upon 
indi£lment or information before the Supreme Judicial Court, 
or Court of General Seflions of the Peace, held in faid county 
of J^Jpx, fliall be fined a fum not exceeding_;?i'c' hundred dollars^ 
or be imprilbned for a term of time not exceeding iix months, 
or both, at the difcretion of the Court having cognizance of 
fuch offence. 

Sect. 7. Be it further ena&ed. That any mafter or com- 
mander of any vefTel, who fhall enter the faid harbour of Salem 
with his faid velTel, after notice given to him by any perfon or 

perfons 
Vol. IL 2....R 



3i*a, SALEM BOARD OF HEALTH. June 2 1 , An. 1 799. 

perfons whomfoever, that a quarantine has been directed by 
faid Board of Health for all veflels coming from the port or 
place from which fuch mailer or commander fhall have arrived, 
or who fhall falfely or fraudulently attempt to elude the direc- 
tions of the faid Board of Health, by falfe and unfounded 
declarations of the port or pl^ce from whence he came, or who 
fliall land, or fuffer to be landed from his velTel, any perfon 
or apparel, bedding, goods or merchandize whatfoever, without 
the permiffion of the faid Board of Health, every fuch mafter 
or commander Ihall, upon convi(flion thereof in manner and 
form pointed out in the fixth feftion of this A£l, forfeit and 
Pcna ty or a - ^ ^^^^ ^^^ exceeding five hundred dollars, or fufler imprifon- 

tempt to elude v . hJ i i , ? i-i- 

quarantine. ment for a term not exceeding lix months, or both, at the aii- 

cretion of the Court having cognizance of fuch offence. 

Sect. 8. Be it further e?iaBed, That no mafter of a vef- 
Captains and fel, or Other perfon, fhall remove from any veflel in the har- 
others not to bour, or lying at any of the wharves in Salem, any fick or dif- 
reniove fick gg^j^j perlbns> before the name of fuch lick or difeafed perfon 
miffion. ^^ ' ^^-^ \iQex\ reported to the Board of Plealth, and a v ritten per- 
mit obtained from at leaft two of them authorizing fuch remo- 
val, and expreffing the manner thereof, the time when, and 
the place to which fuch perfon fliail be removed : And any 
mafter of a veffel, or other perfon, who ihall rem.ove fuch lick 
or difeafed perfon without hrft obtaining fuch permit therefor, 
or contrary to the tenor and directions thereof, fliall, on con- 
viclion before the Court of General Seffions of the Peace in 
faid county, be fined a fum net exceeding otie hundred dollarSy 
or fufter imprifonment not exceeding two months, or both, at 
the difcretion of faid Court. 

Sect. 9. Be it further enabled, That whenever the vifiting 
phyfician of the Board of Health lliall think it neceftary that 
any vefl'el Ihould be purified and cleanfcd, and perform quar- 
Vifiting pliyfi- antine, he fliall direct the mafter or commander of fuch vef- 
clan to dirca fel to proceed to and anchor at fuch place as the faid Board of 
purification, & Health fliall have appointed for cleanfing and purifying vel^ 
«rub"c"afe."' fels ; and it Ihall be the duty of faid phyfician to apply to the 
Board of Health, to direct the time and manner in which fuch 
purification Ihall take place, and the expenfes fhall be defray- 
ed by the mafter, commander, owner or confignee of fuch vef- 
fel, to be recovered by an aClion of the cafe in the name of the 
Prefident of the Board of Health : And each and every maf- 
ter, commander, owner or confignee of every fuch veflel who 
fliall neglecf or refufe to comply with liich diredions, fhall, on 
convi£lion thereof before the Court of General Sefllons of the 
Peace, be fined not exceeding one ihoufand dollars j or fuffer im- 
prifonment for a term not exceeding fix months, or both, at 
the difci-etion of the Court. 

Sect. 



SALEM BOARD OF HEALTH. June 21, An.1799. 323 

Sect. 10. Be it further evaEled., That every difeafed marl- Difeafed mari- 
ner or other perfon who fhall be removed or fent to any hoi- ners, &c. at 
pital or other place by the faid Board of Health, fhall be there fio^'itals, by 
kept and maintained at his or their own coil and expenfe, or ^ ""^ • **, 
his or their parents or mafters, (if able,) otherwife at the charge 
of the town or place to which they belong ; and in cafe fuch 
perfon or perfons have no legal fettlement in any town or 
place within this State, then at the charge of this Common- 
wealth ; and every perfon fent to any hofpital or place for the 
purpofe of pm-ification as aforefald, fliall be fubje(ffc to the fame 
reftriclions as are provided by the feventh fe£tion of an A6t of 
this Commonwealth, pafTed the twenty-fecond day of Juncy 
one thoufand feven hundred and ninety-feven, entitled, " An 
Act to prevent the fpreading of contagious iicknefs." 

Sect. ii. Be it further enacled^ That no perfon, except- Perfons not t» 
ing thofe employed by or under the Board of Health, fhall go S° "" \>o^xi. 
on board any vefTel during the time flie is performing quaran- quarantine * 
tine, nor fhall any perfon go within a line delignated upon the 
land at the place appointed for cleanling and purifying vef- 
fels ; and every perfon who lliall tranfgrefs in either of thefe 
cafes iTiall be confidered as contaminated with infe£lion, and 
held to undergo puritication in the fame manner, and under 
the fame regulations and reftri(n:ions, as thofe performing quar- 
antine at fuch place, and fhall there remain until difcharged 
by the viliting phyfician ; and the faid phyfician, or the per- 
fon employed by the Board of Health to fuperintend fuch 
place, may forcibly detain fuch perfon. 

Sect. 12. Be it further enaSled, That if any vefTel fub- 
jedl: to quarantine fhall come into the harbour of Sakm, it iliall 
be the duty of the Board of Health, or any two of them, to 
order the mafter or perfon having the command of faid vefTel, 
immediately to proceed with her crew, palTengers and cargo, 
to the place by them appointed for cleanling and purifying 
vefTels ; and in cafe the laid mafler or perfon having the com- 
mand of faid velTel fliall refufe or negle61: fo to do for the 
fpace of one hour after faid order, he fliall, on convi6lion be- 
fore the Supreme Judicial Court or Court of General Seffions 
of the Peace, forfeit and pay a fine not exceeding o/ie thoufand "^"^,'*>' «'■ 'i"- 

, ,, - ' . T I- r 1 obeying orders 

dollars^ or lutrer impnionment not exceedmg ux months, or ^q proceed to 
both, at the difcretion of the Court ; and the faid Board of place of quar- 
Health, or any two members thereof, on any neglefl or refu- ^"f"^- 
fal as aforefaid, fliall have full power and authority forcibly Force may be 
to enter on board fuch vefTel, and to require the afliflancc of " 
as many perfons as they fhall judge necelTary, and proceed with 
faid velTel, her crew, pafTengers and cargo, to the place ap- 
pointed for cleanfing and purifying veflels ; the expenfe of 
which removal fhall be paid by the owner of fuch vclTel, and 

Ihali 



324 SALEM BOARD OF HEALTH. Juneii, An. 1799. 

fhall and may be recovered by an action of the cafe in any 
Court competent to try the fame ; and any perfon who fhall 
refufe to give his affiftance when required, lliall forfeit thirteen 
dollars^ to be recovered by an action of debt. 

Sect. 13. Be it further etxaEted, That all the powers and 

Certain powers duties which are given to and required of the Sele^men of 

transferred ^^ town of ^alem by a certain law of this Commonwealth, 

lednien to the pafled the twenty-fecond day of Juncy one thoufand feven hun- 

Board ofdred and ninety-feven, entitled, "An A(5l to prevent the 

Health. fpreading of contagious licknefs," fliall be, and they hereby 

are transferred to and made the duty of the f aid Board of 

Health ; any thing in faid law to the contrary notwithftanding. 

Sect. 14. Be it further f//a^fflf, That the faid Board of 

Vif t' olivfi- Health be, and they hereby are empowered from time to time to 

cian to be ap- choofe a fuitable and difcreet perfon to a6l as a vifiting phyfi- 

pointed. cian to faid Board ; whofe duty it fliall be to vilit all veflels 

coming from any place or places in which the faid Board fhall 

think any contagious iicknefs prevails ; and fuch phyfician 

fhall be under the direction of faid Board, and may be remov-. 

ed by them whenever they fliall fee caufe. 

And whereas by the eleventh feftion of the Aft of this 
Commonwealth, entitled, " An Aft to prevent the fpreading 
of contagious ficknefs," it is enafted, that each town and dif- 
trift in this Commonwealth may, at their meeting held in 
March or April annually, or at any other meeting legally warn-* 
ed for that purpofe, when they fliall judge it to be neceiiary, 
choofe and appoint a Health Committee, in the manner and 
for the purpofes in faid eleventh feftion mentioned : 

Sect. 15. Be it enaP.ed^ That fo much of faid law as ref- 

pefts the future appointment of a Health Committee for the 

town of Salem^ be, and the fame is hereby repealed 5 and that 

Board of the Board of Health to be appointed by virtue of this Aft, be. 

Health to be and they hereby are made and fhall be the Health Committee 

the- Health £qj. ^j^g town of Salemy and be invefted with all the powers and 

duties which are granted to or impofed upon laid Health 

Committee in and by faid Aft. 

Sect. 16. Be it further e/m^ed^Thzt all penalties and for- 
feitvires ariling from this Aft, except in thole cafes in which it 
amiTo^pi^tioa ^^ herein otherwife provided, fhall accrue to the ufe of the 
»i tints. jj town of Safefii ; and fhall be profecuted and recovered by ac- 
tion of debt in the name of the Prefident of the faid Board of 
Health, or by information in any Court comipetent to try the 
fame. And it fliall be the duty of the Board of Health, and 
of each member thereof, to purlue and enforce the due exe- 
cution of the foregoing law, and profecute all offenders for aU 
pen?iltie.v. and forfeitures which may accrue under the fame. 
j^This Aft pajIeJ juf^e 21, i/op.j 

An 



HAVERHILL BRIDGE. >«^ 21, An. 1799. 325 



An ACT for changing the Name of Samuel Flagg the 
third, to that of Samuel H. Flagg. 

jyE it enaBed hy the Senate and Hoiife of ReprefentativeSy in 
■*-' General Court ajjemb/ed, and by the authority of the Jamcy 
That from and after the palling of this Acl, the faid Samuel 
Flagg, the third of that name, of Worccjltr, and fon of Francis 
Flaggy of Worcejlery ip the county of U'^orce/ler, (hall be allowed 
to take the name of Samuel H. Flagg, inftead of his prefent 
chriftian and furname, and fliall be known and called thereby ; 
and that the fame fhall, to all legal intents and purpoles, be 
hereafter confidered as the only proper name of the faid Flaggy 
and Ihall avail him accordingly. 

[This A6t paffed June 21, 1799.] 



Teh. XI, 1793. 



An ACT in addition to the feveral Ads for incorpo- 
rating certain Perfons for the purpofe of building 
a Bridge over Merrimack River, between the Towns Feb! 1^,1797*. 
of Haverhill and Bradford, in the County of EJfex, 
and for fupporting the fame. 

WHEREAS the Proprietors of the Haverhill Bridge have 
reprefented to the General Court, that the compen- Preamble 
fation they derive from the prefent toll is inadequate, and 
pray for an enlargement of the toll over faid Bridge : 

J3e it enaBed by the Senate and Houfe of Reprefentatives^ • 

in General Court ajfembled, and by the authority of the fame, That 
the following rates of toll be, and hereby are eftablifhed for 
the benefit of faid Proprietors, in addition to the rates of toll 
eflablilhed by an A£t pafTed February, one thoufand feven hun- 
dred and nlnety-feven, entitled, an kCt in further addition to 
an Aft, entitled, an A6t for incorporating certain perfons for 
the purpofe of building a Bridge over Merri?nack River, be- 
tween the towns of Haverhill and Bradford, in the county of 
FJex, and for fupporting the fame, paffed Alarch, one thou- 
fand feven hundred and ninety-three : For each foot paiTenger, 
one cetit ; for each horfe and rider, one cent five mills ; for 
each additional rider, one cent; for each cart or other car- ■^^^'^'^'o^^^'®^*- 
riage of burthen drawn by one beaft-, two cents five mills ; for 
each waggon, cart or other carriage of burthen drawn by two 
beafts, yi -yf « cents five mills ; for each additional hcii^, one cent ,• 
for each coach, chariot, phaeton or other four wheel carriage 
for paflengers, feven cents ; for each curricle, three cents ,- for 
each horfe or neat cattle, excluilve of thofe rode on or in car- 
riages, one fent ; for each flieep or i\9'm^,five mills ,- for a 

whecl-barrow 



326 MIDDLEBOROUGIl, &c. 7«/2<? 21, An.1799. 

wheelbarrow or hand-cart with one perfon, one cent ; for each 
horfe and chaife, chair or fulkey,y«/r cents Jive mills : Provided 
neverihelefsf That the increafe of toll granted by this A61 Ihall 
Frovi 0. ^j^j ^^^ from time to time be regulated by the Legiflature of 

this Commonwealth at their difcretion. 

[This Aft pafled June 21, 1799.] 



An ACT to fet off fundry Perfons from the Town 
of Carver, and annex them to the Firft Parifh in 
Middleborough, in the County of Flpnouth, 

T)E it enacled by the Senate and Houfe of Reprefentatives^ in 
General Court ajfembled^ and by the authority of the fame^ 
That John Satnpfony Ifaac ShanVj IJanc Morfe^ jun. John Bryant , 
Jojhua Perhinsy and Elkanah Shaw, inhabitants of Middleborottghy 
in the county of Plymouth, who were formerly fet off from 
faid Middlehorough, to the town of Carver, for parochial pur- 
pofes only, be, and they hereby are fet off from the faid 
town of Carver, and again annexed to the firft parifli in the 
town of Middlehorough, together with their polls and eftates, 
and fhall in future be conlidered as belonging to faid firft par- 
ifh in Middleborough, to all intents and purpofes, as though 
they never had been fet off therefrom : Provided neverthelefsy 
That they pay all taxes already legally affeffed upon them in 
the fame manner as though this A6t had not paffed. 
[This Act paffed June 21, 1799] 



An ACT for fetting off Cyrus Buck and Levi Stock- 
ivsll, and their Families, and Part of their Eftates, 
from the Town of C/j^^r, and annexing them to 
the Town of Worthbigton, in the County of Hainp- 
Jhire, 

TJE it enacled by the Senate and Houfe of Reprefentatives, in 
■'-' General Court ajfembled, and by the authorUy of the farne^ 
That the faid Gyrus Buch, and Levi Stockivell, together with 
their families, and that part of their eftates known and dil- 
tinguiihed by lots, Number Twenty-Eight and Twenty-Nine, 
in the fecond divifion of lots in faid town of Chejlcr, be and the 
fame are hereby fet off from the laid town of Chefer, and an- 
nexed to the town of Worthington, there to enjoy town privi- 
leges, and to pay town charges that may arife therein : Provided^ 
that the faid Gyrus and Levi be held to pay their juft propor- 
tion of all taxes and debts now due from the tov/n of CheJler^ 
in the fame manner as they would have done had this A6t not 
have been made. 

[This Adt paffed June 2i, i/pp-] 

An 



SIXTH MASS. TURNPIKE, ^me 22, An.1799. 327 



An ACT for eftablifliing a Corporation by the Name Additional 
of The Sixth Majfachufetts Turnpike Corporation, fgto^^'^'^ *' 
'HEREAS the highway leading from Amherjl^ through i8oo,March4, 
Pelhantj Greenwichy Hardwicky New-Braintreey Oak" ^^°S- 
ham, Rtitlandy HoldcUy and Worcejlei-y to the great road in p^g^jj^T^i 
Shrew^uryy which leads from New-Torh to Boflofty is rocky and 
mountainous, and the expenfe of making and maintaining the 
fame, fo that it may be convenient for horfes and carriages, is 
much greater than reafonably ought to be required of the in- 
habitants of faid towns : 

Sect. I. J^c it therefore enaEled hy the Senate and the Houfe of 
ReprefentativeSy in General Court ajfemhledy and by the authority of 
the famey That Jonathan Warner y Samuel Parkmany Jofiah Knappy pgrfone ffoi 
Edward Blake, jun. Aaron and Charles Davis, SpcncerFieldy Ste- ciated. 
phen Ricey William Cutlery Paul Mandelly Mofes Mandelly Francis 
Blakey Mofes Whitey Richard Kellyy Jonas Honjoey jun. Ebenezer 
Mattoony jun. Aledad Dickerfony Daniel Walker, Thomas Powers y 
Roger Wejiy Robert Ficldy Nehemiah Hindsy John Rankin, Wil- 
liam Conkey, Ifaac Abercrombie, Artemas Hoivey Jeffe Allen, Jofeph 
Chadivicky Timothy Parkery Ifaac Hobart, John Dodds, Jotiathatt 
Danforthy William Henryy Abner Conanty James Laivtony Seth 
Peircey and Jafon JUixtery and all fuch perfons as fliall be aflbcl- 
ated with them and their fucceflbrs, be, and they hereby are 
conftituted a Corporation by the name of The Sixth Maffachufetti 
Turnpike Corporationy for the purpofe of laying out and making 
a turnpike road from the eaft line of AmherJl, on the county- 
road, near William Breton''?, houfe, through faid towns, to the 
great road in Shreufbury aforefaid, and making the fame in fuch 
place or places as the faid Corporation fhali choofe, and for 
keeping the fame in repair ; which road or turnpike fliall not 
be lefs than four rods wide, and the path for travelling not lefs Width of road, 
than eighteen feet wide m any place : And that when faid 
turnpike road fliall be iufficiently made, and fo approved of by Road to fatisfy 
a Committee appointed by the refpe(rdve Courts of General Committee of 
Seilions of the Peace for the counties of Worcefter and Hamp- Courts of Scl- 

lions 

Jlnre, for that purpofe, jthen the faid Corporation may, and fliall 
be authorized to e) ei^ five turnpike gates on the fame, in fuch ToU-gatej, 
manner and form us the faid Corporation lliall judge neceffary 
and convenient for coUejSling toll, one of which gates fiiall be 
near the dwelllng-houfe of Mr. Chrijlopher Patteny in Pelham ; 
one other near the dwelling-houfe of Zephaniah Spsoner, in 
Hardivick ; one other in Oakham ,• one other near the dwell- 
ing-houfe of Daniel Bartletty in Rutland, and the other in fuch 
place as faid Corporation lliall chooie : And fhall be entitled to 
receive of each traveller or pailenger, at each of faid gates, the 

following 



328 SIXTH MASS. TURNPIKE. "June il, An.t7gg* 

following rate of toll, viz. For every coach, phaeton, chariot or 
other four wheel carriage, drawn by two horfes, twenty-five centSf 
Toll. and if drawn by more than two horfes, an additional lum oifour 

cents for each horfe ; for every cart or waggon drawn by two 
oxen or horfes, twelve and a half cents ^ and if drawn by more 
than two oxen or horfes, an additional fum of three cents for 
each horfe or ox ; for evCry curricle, ftxteei^ cents ; for every 
chaife, chair or other carriage, drawn by one horlc, twelve and 
a half cents • for every man and horfe,^w cents; for every fled 
or fleigh, drawn by two oxen or horfes, nine cehtsy if drawn by 
more than two oxen or horfes, an additional fujn of three cents 
for each horfe or ox j for every fled or fleigh, drawn by one! 
horfe, fix cents ; for all horfes, mules, oxen or ri^t cattle, led 
or driven, befides thofe in teams and carriages, one cent each ; 
for all fheep or fwine, at the rate of three cents for one dozen : 
Provifo. Providedy That faid Corporation may, if they fee fit, commute 

the rate of toll with any perfon or perfons, by taking of him or 
them a certain fum annually, to be mutually agreed on in lieil 
of the toll aforefaid. 
_ - Sect. 2. Be it further enaEledy That faid Corporation may 

may^hold °rnd. purchafe and hold land, over which they may make faid road ; 
TuQices of the and the Juftices of the Court of General Seffions of the Peace, 
beffions dired- in the county where laid road may be, are hereby authorized, 
ed. on application of fai<i Corporation, to lay out fuch road, or any 

part thereof within their refpe(n:ive jurifdidions, as with the con- 
fent of faid Corporation they fhall think proper : And the 
Corporation to ^^^^ Corporation Ihall be liable to pay all damage that fhall arife 
be liable for ^^ ^^^ perfon by taking his land for fuch road, where the fame 
W^land". *' cannot be obtained by mutual agreement, to be eftimated by a 
Committee appointed by the faid Court of General Seffions of 
the Peace, faving to either party the right of trial by Jury, ac- 
cording to the law Mdaich makes provilion for the recovery of 
damages ariflng from the laying out of highways. 

Sect. 3. Be it further enacted. That if the faid Corporation, 
or their toll-gatherer, or others by them employed, fhall un- 
reafbnably delay or hinder any traveller or palTenger at either 
of faid gates, or fhall demand or receive more toll than is by 
this A(St eftablifhed, the Corporation Ikall forfeit and pay a 
Penalty for dc- ^^^^ ^^^ exceeding ten dollars nor lefs than two dollars, to be 
laying pa en- ^.g^j before any Julliice of the Peace of the county where 

gers or exact- '<=^'-»-'*'-^'-" -' • , i r ■ - i i i • 

jng extra toll, the ofFence may be committed, by any perlon mjured, delayed 
or defrauded, in a fpecial a^lion of the cafe ; the WTit in which 
Procefs for re- fhall be ferved on laid Corporation by leaving a copy of the 
•overy. fame with the Treafurer, or with fome individual member of 

faid Corporation living in the county where faid a£tion may 
be brought, or by reading the fame to the faid Treafurer or 
individual member, at leaft; {esen days before the day of trial : 

And 



SIXTH MASS. TURNPIK:^. 'June 22, An. 1 799* ^2^ 

And the Treafurer of faid Corporation, or individual member^ 
fiiall be allowed to defend the fame fuit in behalf of faid Cor- 
poration : And the faid Corporation fhall be liable to pay all Corporation to 
daraages that fhall happen to any perfon from whom the toll is ^ ^^'^^}^ ^?'^ 
demandable, for any damage which flrall arife from the defefl of feds in thett" 
bridges or want of repairing faid ways, and Ihall alfo be liable bridges of 
to prefentment by the Grand Jury for not keeping the fame "^"^^ 
in good repair. 

Sect. 4. Be it further enaBedy That if any perfon fhall cut 
and break down, or otherwife deftroy any of the faid gates, 
or Ihall dig up or carry away any earth from faid road, or in 
any manner damage the fame, or ihall forcibly pafs or attempt 
to pafs by force (aid gates, without having firft paid the legal 
toll at fuch gate, fuch perlbn fliall forfeit and pay a fine not ex^ „ . 
ceeding^;^"_y doUnrs and not Icfs than ten^ to be recovered by the damaging- road 
Treafurer of faid Corporation to their ufe, in an action of trefpafs or forcibly paff- 
of the cafe : And if any perfon with a team, cattle or horfes, '"S* 
turn out of faid road to pafs any of the turnpike gates aforefaid, 
and again enter faid road, with an intent to avoid any toll eftab- 
lifhed as aforefaid, fuch perfon fhall forfeit and pay three times ^^"^''7 for e« 
as mucla as the legal toll at fuch gate or gates efiiablifhed as ^* '"^ 
aforefaid, to be recovered by the Treafurer aforefaid, to the ufe 
aforefaid, by an acTtion of debt t Provided^ That nothing within Provifioa in fa- 
this A6t fhall extend to entitle the faid Corporation to demand ''""'' °^ V^^'^"'^" 
or receive toll of any perfon who Ihall be paffing with his horfe occafioiis. 
or carriage to or from public worfliip, or with his horfe, team 
or cattle, to or from his common labour, or to or from any 
mill, or on the common or ordinary buflnefs of family concerns 
within the faid town, or from any perfon or perfons paffing on 
military duty. 

Sect. 5. Be it further enaEled^ That the fhares in faid road 
fliall be taken and confidered as perfonal eftate to all intents, ^^^t^ *? * 
and fhall be transferable by deed duly acknowledged before fonal eftate. 
any Juftice of the Peace, and recorded by the Cleik of faid 
Corporation in a book to be kept for that purpofe : And wlien Procefs of at- 
any fuch fhare fliall be attached on mefne procefs, an attcRed tachment, &c 
copy of fuch procefs fliall be left, at the time of the attach- °^ 
ment, with the Clerk of faid Corporation, otherwife the 
fame fhall be void : And fuch fhares may be taken and 
fold by execution, in the fame manner ?s other perfonal eif-^te ; 
and the officer or judgment cre.iitor leaving a copy of ihch 
execution, with the return thereon, with fuch Clerk, within 
fourteen days after fuch fale, and paying for the recording 
thereof, ffiall be deemed a fufficient transfer of the fame. 

Sect. 5. Be it further enacfed. That the firfh meeting of 
faid Corporation fhall be holden at the houfe of Jcnathcn Flrft meeting. 
Warner J in Hardivick aforefaid, on the tenth day of September 

next. 

Vol. II. 2....S 



330 SIXTH MASS. TURNPIKE. June 22, An. 1 799. 

next, at ten of the clock in the forenoon, for the purpofe of 
choofing all fuch officers and eftabliihing fuch rules as faid 
Corporation may think proper. 

Sect. 7. Be it further enacted^ That the faid Corporation 
/ccountof ex- ^^ within fix months after the faid road is completed, lodge 

penfes to be . ' _ , rr r , r , r 

lodged in i^'ec- ^^ the oecretary s omce an account or the expenles thereot ; 
retary's ofSce. and that the faid Corporation fliall annually exhibit to the 
Statement of Governor and Council a true account of the income or divi- 
fubmitted to <^6nd arhing from faid toll, with the necefHiry annual difburfe- 
Governor and ments on faid road, and that the books of laid Corporation fhall 
Council. at all times be fubjedl to the infpection of a Committee to be 

appointed by the General Court, or to the infpedlion of the 
Governor and Council, when called for. 

Sect. 8. Be it further enaBed^ That whenever any Propri- 
Proprletor re- etor fhall negledt or refufe to pay any tax or alTeffinent duly 
fufing 10 pay voted and agreed upon by the faid Corporation, to their Treaf- 
urer, within lixty days after the time fet for the payment there- 
_ ,. ,^ of, the Treafurer of faid Corporation is hereby authorized to 

Iharcs to "be ^^^^ ^^ public vendue the ihare or fhares of fuch delinquent 
ibid. Proprietor, one or more, as fnall be fufficient to defray laid 

taxes and necelTary incidental charges, after duly notifying in 
the newfpapers printed at Worcefer and Northampton^ and in the 
paper printed by the printers of the General Court in BoJIofif 
the fum due on any fuch fhares, and the time and place of fale, 
at leaft thirty days previous to the time of fale ; and fuch fale 
fhall be fufficient transfer of fuch fhare or fhares fo fold to the 
, perfon purchafing the fame ; and on producing a certificate 
from the Treafurer to the Clerk of faid Corporation, the name 
cf fuch purchafer, with the number of fliares lb fold, fhall be by 
the Clerk entered on the books of faid Corporation, and fuch 
perfon fhall be confidered, to all intents, the Proprietor there- 
of -J and the overplus, if any there be, fliall be paid on demand 
by the Treafurer to the perfon whofe Ihares v/ere then fold. 
Sien-^ioard to Sect. 9. Be it further enacted^ That the faid Corporation 
be eredcd. fhall, at ail places where the faid toll fhall be colle^^ed, ere^t 
and keep conftantly expofed to view a fign or board, with the 
rates of toll of all the tollable articles fairly and legibly written 
thereon in large or capital charadlers. 

Sect. id. And be it further enaBedy That faid Corporation 

Corporation ^ ^^^ ^^^ ^^^ l^g {\xQi\. by faid name of incorporation, and may 

have a feal &c. have a common feal, and enjoy all the powers and privileges, 

and fhall be fubjeci^ to all the duties and requifitions incident to 

— may be dlf- fuch a Corporation ; and the General Court may diifolve faid 

folved, Corporation whenever it fhall appear to their fatisfadlion that 

the income arifing from faid toll fliall have fully compenfated 

the faid Corporation for all monies they may have expended in 

purchafing, repairing and taking care of the faid road, together 

with 



ANDOVER BRIDGE. June 22, AnAjgg. 331 

with an Interefl thereon at the rate of twelve dollars In the huji- 
dred for a year, from the time of the expenditure of the fame j 
and thereupon the intereft in faid road thall vefl in this Com- 
monwealth : Provided^ That if the faid Corporation (hall neg- 
lect to complete faid turnpike road for the fpace of four years '^'"!'^ ^°'" '^°^' 
from the pafling of this Ad:, the fame fhall be void and of no pji^^ linked!""' 
effeft. 

[This Act pafTed Jutie 22, 1799.] 



An ACT in addition to an Ad:, entitled, an Acl in 
addition to an Act, entitled, " An Act for incorpo- 
rating certain Perfons for the Purpofe of building a 
Bridge over Merrimack River, in the County of 
Epx, at Bodzvel's Falls, between Andover and Me- 
thueiiy and for fupporting the fame, palled in the ■^^^^■^ j^ 
Year of our Lord, One thoufand feven hundred and 
ninety-three, 

WHEREAS the Proprietors of Andover Bridge have rep- 
refented to this Court the inadequate compenfation 
they derive from the eftablidied toll, and pray for an enlarge- preanable 
ment of the rates thereof, and alfo for the right of faid Bridge 
and the toll forever, as from the deftruclion of a great part of 
laid Bridge, they are now called upon for additional and heavy 
expenditures for the repair of faid Bridge : 

Sect. i. Be it enacted by the Ornate and Hottfe of Reprefenta-^ 
lives, in General Court affembled, and by the authority of the fame. 
That the following additional rates of toll of faid Bridge, be 
and hereby are eftablilhed for the benefit of faid Proprietors, 
viz. For each foot pafTenger, one cent; for each horfe and one rid- 
er, one cent and five mills, and for each additional rider one cent ; Additional toll, 
for each horfe and chaile, chair or fulkey, y^^wr cents and five 
mills ; for each cart, fied, or other carriage of burthen, or rid- 
ing Ileigh drawn by one beaft, tivo cents and five mills ; for each 
waggon, cart, fled, or other carriage of burthen, drawn by two 
beaits, and not exceeding four hQz{is, feven cents and five milis ; 
and for each additional beaft above four, one cent ,- for each 
coach, chariot, phaeton, or other four wheel carriage for paf- 
{QngQvs, feven cents ; for each cmwicIq, three cents ; for each 
horfe or neat cattle, exclulive of thofe rode or in carria- 
ges, one cent ; for Iheep or fwlne,^!;^ mills czch', ior caclx 
wheelbarrow or hand-cart, with one perfon, one cent : Pro" 
vided iteverthelefs, That after the expiration of twenty-five 
years from the pafling of the A£t originally incorporating the 
faid Proprietors, the rates of toll of faid Bridge fliall be fubje^St 
to the regulation of the Legillatui-e of this; Commonwealth. 

Sect* 



33^ THOMPSONBOROUGH. June 22, An.1799. 

Sect. 2. And he it fiother enacled^ That the fald Bridge, 
„ . , „ , qnd the lawful toll thereof be, and are hereby vefted in faid 

IsDdge veiled -^ . t • i ■ r rr ^ r,^ r 

in the Proprie- -rroprietors, their heirs, lucceliors and afligns forever, any 
torstorever. law to the contrary notwithftanding, 

[This Aa paffed June 22, 1798.] 



.r.n An ACT to incorporate the weflerly Part of the 

Named Lifbon „-, r -r, »•• i r^ c t ■ , ■ 

Aa Feb. ao, lown ot Bowaoni, in the County or Lincoln, into 
'^°2, 2L leparate Town by the Name Thojupfonborough. 

c JjE it enaEled by the Senate and Honfe of Rt^prefenfa- 

-*-* ti"jes^ in Genera! Court ajfemhied^ and by the author- 
ity of the fame, That the wefterly part of the town of Bowdoin, 
« , . .as defcribed in the following limits, viz. Beginning at the 
corpo^fated. north-weil corner of the town of Tcpfam, at Little River, and 
running up faid Little River, about one mile to what is called 
Boivdoin's Road, then running weftward on faid road, about 
eight or ten rods to a large pine tree, marked with the letter 
Q. it being the fouth-eaft corner of what is called Whlitemore^s 
Lot, and thence running north-north-eaft to the north line of 
faid town ; faid line being about a centre line of the faid town 
of Bowdoin, together with the inhabitants thereon, be, and 
hereby are incorporated into a town by the name of Thmipfon- 
borough, with all the powers, privileges and immunities to 
which towns are or may be entitled, agreeable to the Coniiitu* 
tion and laws of this Commonwealth. 

Sect. 2. And he it further enacted. That the faid town of 
To pay proper- Thompfonhorotigh, fhall pay their proportionate part of all arrears, 
tion of taxes ; of State, county, town or other taxes which have been already 
r!fp^° 6^""""" affeffed, or debts due from the town of Bonvdoin ,- and fhall 
fupport any poor perfon or perfons who have heretofore been 
or now are inhabitants of that part of the town of Boivdoin 
which is hereby incorporated, and are or may become charge- 
able, and who fliall not have obtained a fettlement elfewhere ; 
and fuch poor perfon or perfons fhall be confidered as paupers 
belonging to the town of Thompfonhorough, and be lupported ac-« 
cordingly. 

Sect. 3. Be it further enaBed, That the faid town of 
Tohaveamoi- Thompjonhorough fliall be entitled to an equal moiety of all 
erty!^ '^°^" f^^bts due to the town of Boivdoin, and of all town, parifli, or 
fchool lands, or any other public property which belonged to 
the town of Bcu'doin, prior to the paffing of this A<St : Pre-' 
vided alfo, That until another valuation ihall be taken, the fu- 
ture State and county taxes laid on faid town, Ihall be affeiT- 
ed and paid in equal moieties, according to the lafl valuation 
of the town of Bo%vdcin. 

Sect. 



CLINTON BAPTIST SOCIETY. June 22, An. 1799. 333 

Sect. 4. Be it further ena5lcd. That Ezehiel Thompfon^ Efq. 
be, and he is hereby authorized to iffue a warrant directed to 
fome fuitable inhabitant of the laid town of Thompfonboronghy 
requiring him to notify and warn the inhabitants thereof, to meeting, 
meet at fome convenient time and place, to choofe fuch offi- 
cers as towns in this Commonwealth are entitled to choofe in 
the months of March or Aprils annually. 

[This A6t palled June 22, 1799-] 



An ACT to fet off Noah Fuller from the firft Precinct 
in Rshoboth, to the fecond Precinct in faid Town. 

nE it enaEied hy the Senate and Houfe of Reprefetitatives^ in 
^-^ General Court offembledy and by the authority oj the fanie. 
That Noah Fuller^ with his family, and that part of his eftate 
which now lies within the firfh preciiicl in Rehoboth, be, and he 
hereby is fet off" from laid firft precindt, and annexed to the 
fecond precindl in faid town, there to do parochial and precinct 
duty and receive privileges : Provided^ That the faid Noah ihall 
pay to the laid firft precin£l all taxes now lawfully affefied on 
him, in the fame manner as he would have been holden to do 
had not this A(ft pafled. 

[This A£l palTed June 22, 1 799.] 



An ACT to incorporate a Number of the Inhabitants 
of the Towns of Canaan, Clinton and Fairfield, in 
the County of Kennebeck, into a diftinft Religious 
Society, by the Name of The Clinton Bapti/i Society. 

q D-S it enaEied hy the Senate and Houfe of ReprefentatimeSy in 

' -*^ General Court afembled, and by the authority of the fame, 
That MephibofJjeth Cain, Elder Jofeph Spearen, John Spearen, Member** 
John Speareujjuu. John Burrell, Dean IVyman, Afa Pratt, James "^"^^s* 
Pratt, John Shaw, Philip Wing, David Kimbal, James Goodiuiny 
George Fitzgerald, Stephen Goodivin, Aliles Goodwin, David Ken~ 
dnl, William Speareu, Frederick Jakins, D'lvid Pratt, Robert 
Hood, Solomon Wheeden, Nathaniel Barrel, ChriJlopher Webb, WiU 
liam Carfon, Levi Powers, Ephraim Carfon, John Hood, Levi 
Po%uers, jun. William Steward, jun. Butler Lumbar d, Jofeph 
JMills, John Fowler^ Samuel Varnum, Philip Powers, John Noblcy 
Matthew Chafe, Benjamin Noble, jun. David Pearfon, J'feph 
Towns, John Alendall, Jonathin Steiuard, James Webb, hlam 
Pratt, Levi Emery, Ziba Burrell, Varnum Chafe, Ezekiel Chafe, 
Reuben Wytfian, Daniel Goodwin, Benjamin Speuren, Ifaac Law- 
rence, Francis Potvers, Daniel Oaks, James Steiuard, Mordecai 
Moors, and Hemond Atwo%l, the members of a religious Socie* 



334 CLINTON BAPTIST SOCIETY. 'June 22, An.i 799. 

ty, together with their polls and eftates, be, and they hereby 
Corporate ^^.^ incorporated by the name oiThe Cl'mton Baptijl Societyywkh 
all the privileges, powers and immunities to which parifhes 
are by law entitled in this Commonwealth. 

Sect. 2. j^/id be it further enacledy That any perfon in ei- 
ther of the towns of Cnnaatiy Clinton and Fairjield aforefaid. 
How to be- ];jgijjg Qf j.|^g Baptiit denomination of Chriftians, who may at 



come 3 mem- 



^jr, any time hereafter adlually become a member of, and unite 

in their religious worfliip with the faid Clinton Society, and 
give in his or her name to the Clerk of the town or parifh to 
which he or fhe belongs, with a certificate figned by the Min- 
ifter or Clerk of faid Society, that he or fhe has a<Slually become 
a member of, and united in religious worlliip with the faid 
Society in Clinton aforefaid, fourteen days previous to the town 
or parifli meetings therein, to be held in the months of March 
or jdpril annually, fliall, from and after giving fuch certificate, 
., with his or her polls and eftates, be confidered as a member 

of faid Society : Provided hoTveverj That fuch perfon Ihall firft 
pay his proportion of all money affefled in the town or pariih 
to which he or Ihe belonged previous to that time. 

Sect. 3. j^nd he it further enaSIedyT^h^t when «ny member 
of faid Baptift Society fliall fee caufe to leave the fame, and 
How to leave unite in religious worfliip with any other religious Society, 
the Society. ^^^ {lid\\ give in his or her name to the Clerk of the faid 
Baptift religious Society, with a certificate figned by the 
Minifter or Clerk of the parifli, or other incorporated relig- 
ious Society with which he or flie may unite, that he or fhe 
has actually become a member of, and united in religious 
worfnip with fuch other parifii, or other incorporate religious 
Society, fourteen days previous to their meeting in Jllarch or 
Aprili and fliall pay his or her proportion of all money afiTeffed 
in faid Society previous thereto, fuch perfon fliall, from and 
after giving fuch certificate, with his or her polls and eftates, 
be confidered as members of the Society to which he or fhe 
has fo united. 

Sect. 4. Jnd be it further enncledy That Nathaniel Dutn- 
mer^ Efq. be, and he is hereby authorized to iflhe his warrant, 
directed to fome member of laid Society, requiring him to no- 
tify all the members thereof qualified to vote in parifli affairs, 
to afl'emble at fome fuitable time and place in faid town of C//«- 
ton^ to choofe fuch officers as parifli es are by law required to 
choofe in the months of March or April annually, and to tranf^ 
aft all other matters and things necelTary to be done in faid 
Society. [This A6t pafi"ed June 22, 1799-] 

An 



WILLIAMSTO. TURNPIKE, &c. Jime22,kiiA'j^^ 335 



An ACT in addition to an Acl eftablifhing the Wil- March 1,1790^ 
liamjlown Turnpike Corporation. 

TyE it enaBed by the Senate and Houfe oj ReprefentattveSf in 
•*-' General Court ajjemhledy and by the authority of the fame, 
I'hat when the turnpike road provided for in the Aft to which 
this is an addition fhall be allowed and approved by the Jufti- 
ces of the Court of Seflions of the county of Berlflnre, at any 
term thereof, then the faid Corporation fhall be authorized to j^,, _j^„ al. 
eredl two turnpike gates on the flame, in luch manner and at lowed, ■with 
fuch places as the faid Court fhall diredl ; and that at each of *^^'« 
faid gates the Corporation fhall be entitled to receive from 
each traveller and pafTenger the fame rate of toll as is provid- 
ed in the Act aforefaid. 

[This Aft pafTed June ii, 1799.] 



An ACT to encourage the Eftablifliment of a Cotton 
Mill in the Town of Rehohoth*. 

WHEREAS Samuel Slater has petitioned this Legiflature, 
ftating his intention to eftablifh a Cotton Mill in the 
town of Rehcboth, in this Commonwealth, and praying an ex- 
emption from taxation for a certain time : 

Be it enabled by the Senate and Hoife of Reprefentatives, in 
General Court affemUed, and by the authority of the fame. That 
all buildings which may be erefted in faid town for the purpofe 
of a Cotton Mill, together with the materials and flock employ- 
ed in the manufafture of cotton, be, and they are hereby ex- Mill exempt- 
empted from taxes of every kind during the term of feven ^^ fro™ *"^ 
years from the firfl day of Jipril next. 

[This Aft palTeJ Jutie 22, 1799.] 



A.n ACT to incorporate a Religious Society by the 
Name of The Epif copal Parifh in Marblehead. 

• T J-l^ '^ enaBed by the Senate and Houfe of Reprefcnta- 

tivesy in General Court ajptnbledf and by the auihor- 
itv of the fame f That the Proprietors of the appropriated pews 
in the church ulually called St. Michael's Church in ^^'"Wf- f^^^pew," i^. 
heady in the county of Ffex^ flrall be, and they hereby are in- corporate*!, 
corporated j and they and all who fhall become Proprietors of 
the pews aforefaid, or in any other building which fhall be 
provided and maintained by the fame religious Society for 
their public worfhip, fliall be, and continue a Body Politic and 
Corporate, by the name of The Epfcopal Parifh in Marblehead.^ 

%nd 



/ 



^^6 MARBLEH. EPISCO. PARISH. June ±2, An.iygg. 

and by that name may fue and be fued, and iliall be capable 

to take and hold any real and perfonal eftate, and by their 

wardens and veftry, and any other their officers or agents, to 

manage, fell, transfer and difpofe of the fame according to the 

rules and regulations which flrall be eftabliflied by the faid 

Common feaiP''^^'^ • And the faid Corporation fhall have a common feal 

allowed. whereby their grants, and all other their a6ls and proceedings 

may be made or certified, and which feal they rnay alter 

and renew at their difcretion : Provided^ That the real eftate 

Reftriaionrel-of the faid Corporation, befides their church and church-yard, 

ative to eibtc, ili^ll not exceed the fum of one thoufand dollars annual income 

or value : And provided^ That no fale or difpofal of any part 

of their real eftate fliall be valid, unlefs their Minifter if any, 

and two-thirds at leaft of the members for the time being, of 

the faid parifh, (hall concur therein. 

Sfxt. 2. And be it further enacted^ That the building call- 
Certain eflate ^^ ^^' MichaeFs Churchy with the yard thereof, and the mef- 
cxpUcitly vcft- fuao;e in the occupation of the Rev. Wdiiam Harris, prefent 
ed in the Soci- Minifter of the faid church, iltuate in Marblehead aforefaid, and 
*'^* all other the real eftate of the faid religious Society, and their 

perfonal eftate now lawfully poflefled or claimed by them, fhall 
be, and hereby are vefted in the faid Epifcopal Parilh in 
Marhlehead : Saving that the appropriated pews of the faid 
church fliall remain to the individual owners as heretofore : 
Provifo. And provided^ That the laid Epifcopal Parifli, and the eftates 

and property hereby vefted in them, fliall be and continue 
anfwerable and liable for all and ftngular the debts, contrafls 
and duties of the Proprietors of the faiti church, called St. Mi- 
chael'sy and of the lands and glebe belonging therewith. 

Sect. 3. ylnd be it further enacled. That the faid parifh 
at their firft meeting, which Ihall be convened purfuant to this 
Aft, and again on the Eafter Monday next following ; and af- 
terwards annually on the Eafter Monday of every year, or at 
Officers to be gj^y adjournments of thofe meetings refpeftively, lliall and 
rules &c eftab- "^^^ appoint two or more Church Wardens, and five or more 
lilhcd. Vcftry-inen,a Treafurerand Recording Clerk, and fuch other 

officers as they fliall think necefTary for the management of 
their concerns, to continue until others fliall be chofen in their 
place ; and at any fuch meeting may fupplv the vacancy of any 
oflice, and may eftablifh fuitable bv-laws and rules for the gov- 
ernment of the faid Corporation, and to determine tlie manner 
in which their annual and all other meetings iLall be notified 
and convened, and the forms of proceeding and voting thereat, 
and the refpeftive authorities and duties of their officers and 
agents. 

Sect. 4. And be it further enacted, That at fuch firft meet- 
ing and afterwards at each annual meeting, or at any adjourn- 
ment 



MARBLEH. EPISCO. parish. June 22, An. 1799. 337 

tnent of the fame refpe£lively, the fald parifh may make and 
order reafonable taxes and aflelTments for the flipport of their Taxes totjeor* 
Minifter and piibHc ivorfhip, and the prcfervation and improve- '^'^'^ ^^"^ ^"P" 
ment of their church, glebe and eftate ; and may diredl the miniiler &:c. * 
fame to be levied either upon the appropriated pews of their 
church, or partly upon fuch pews, and partly upon the owners 
thereof, and upon the occupants of any other pews of the faid 
church, who fliiall ufually attend public worfliip therein accord- 
ing to the rateable ability of iuch owners and occupants : And 
for the purpofe of fuch aiTefliTient iipon the pews, there fliall 
be a valuation of the fame according to fize and fituation, to 
be taken and occafionally reviled, as the faid parifh fhall di- 
redl ; and the lijm to be levied thereon, ihall be apportioned 
according to the valuation of the appropriated pews, at the 
time fuch aiTeiTment Ihail be voted, which apportionment fhall 
he made by the Wardens and Velfry for the time being of the 
faid parifli. 

Sect. 5. And he n further ennEled, That whenever a part 
of fuch annual afTcfTment fhall be agreed and voted to be levied R.^teal)IIi"tr 
upon the ovv^ners and occupants of pews according to their how to be efll* 
rateable ability, they (hall be eftimated therefor, and the fame niatcd. 
fhall be apportioned by the Wardens and Veftry of the faid 
pariih, according to the eftimate of the fame perfons, their poll 
eiccepted, in the affeffinent of any public tax which fliall have 
been made in the faid town, next preceding the vote for fuch 
pariih aflefTment : And no error, by the enumeration of occu- 
pants not liable, or the negleft of occupants liable, lliall vitiate 
or annul fuch aiTefTment, in refpe£l to thofe perfons who fliall 
be otherwile duly aireffed. 

Sect. 6* And be it further enacted.. That the apportion- 
ment of every affelTment which fhall be voted by the faid par- 
ifh, fliall be recorded by their Clerk, and by him fliall be cer- AftVffinent t* 
tilled to their Treafurer, who fliall thereupon notify the fame '^"^ recoMcd & 
by pofting a copy thereof at the door of their church, and af- 
ter the expiration of fix. months from fuch notice, every af- 
fcirm.ent not paid may be demanded of the party liable there- 
for, either perionally or by a note thereof in writing, to be left 
at his or her ufual abode; and after one month therefrom, if Pews, alTefT- 
fuch afTcfTment fhall remain unvjaid, the pew liable therefor '"f"ts "« 

1 1 1 1 r • 1 TT- 1 "^ 1 x-r n r r • 1 whicli ihall not 

may be taken by the laid A'V ardens and V eftry, as lorleited to \,^r^A^^^ maj be 
the faid parilli, and may be fold for the payment of all arrears, feUcd. 
as they fhall agree and diredl" : And the part of fuch aiTelT- 
ment, if any, which fhall be upon any owner or occupant of 
a pew as aforef'aid, and liable therefor, which fhall remain un- 
paid after notice as aforefaid, fhall be recoverable by the faid 
parilli as their proper debt; and they may fue for the fame ac- 
cordingly. 

Sect. 
Vol. It 2....X 



338 PAVING BOSTON STREETS. 7^/;^- 22, An. 1799. 

Sect. 7. Provided^ iwd be it further enaciedf That when- 
ever any Proprietor as aforefaid fhall, in writing to be deliver- 
ed to either of the Wardens, or to the recording Clerk of the 
able for taxes ^^^^^ parifh, furrender to them his or her pew, or other intereft 
in certain cafe, in the Chiirch, and whenever any occupant Iha'll in hke man- 
ner notify that he withdraws from the faid parifn, fuch Pro- 
prietor or occupant fhall not be perfonally liable in any affeff- 
ment Avhich fliall be afterwards voted by the faid parifh, un- 
lefs their connexion with the fame (hall be renewed. 

Sect. 8. And be it further ctiaciedyTl-izt the firll: meeting 
of the faid parilh may be convened by virtue of the warrant 
of any Juftice oF the Peace in the faid connty, diredled to any 
firil meeting, p^-jncipal member of the faid Corporation, and appointing a 
lliitable time when fuch meeting lliall be holden at the faid 
Church : And the fame fliall be notified by pofting a copy of 
the warrant at the door of the faid Church, and at one other 
public place in the faid town, fifteen days, at the leall, previ- 
ous to the faid meeting. 

[This A61 pafled Jane 22, 1799-] 



.^ An ACT to regulate the Paving of Streets in the 
Mar'dU.iSoj! Town of Bojion, and for removing Obftruclions in 



the fame. 



-R 



Q^ ^ i^j^ it enacted hy the Senate and Houfe of Reprefeuta- 

iJ il^yfs^ Ifi General Court ajferrMedy and by the author- 
ity of the fimcy That ail (Ireets ihall hereafter be paved in 
the town of Bofon agreeable to the following regulations, viz. 
Foot-walk to The foot-path or walk on each fide of every ftreet fhall be of 
be one-fixth of the breadth of onc-iixth part of the width of the whole ftreet \ 
!^^'^ f "^h ' ^ "^"^^ ihall be laid or paved Vt'ith bricks or flat ftones, and fe- 
pavcd.' cured with a beam or cut ftone along the outfide thereof : 

And the middle or remaining four-fixths of every ftreet Ihall 
remain as a palTage-way for carriages of burthen or pleafure ; 
and fhall have a gutter on each fide thereof, or otherwife as 
the furveyors of highways in the faid town fhall determine, 
and Ihall be paved v.ith good and fufficient paving ftones : 
Provided akvuys^ That if in any ftreet fo to be paved the fides 
ihall not exactly range, tiie gutter, or outfi'Je of the foot-walk 
fliall be laid out as nearly in a ftraight line as the ftreet will 
Provifi.v.! for admit of : And in all fquares and other large open fpaces, and 
fquares & nar- in all ftreets, the breadth of which fliall not conform to this 
row ftreet?. ^-xw^ the breadth of the foot-walk, and the afcent and defcent, 
and the crowning of the pavement in every ftreet, Ihall be reg- 
ulated by the furveyors of highways. 

Sect. 2. And be it further enaBedy That where the 
cart-way in any public ftreet fliall be hereafter ordered to be 

paved, 



PAVING BOSTON STREETS. 7z^w22, An.1799. 339 

paved, every owner 01 the lot or lots of ground upon fuch 
ftreet {hall, without delay, at his own coft, caufe the foot-way p it t 

in front of his ground to be paved with bricks or flat Hones, be paved when 
and fupported by timber or hev/n ftones, and kept in repair j the cart-way is. 
the fame to be done under the direction of, and to the appro- 
bation of the furveyors of highways : And if the owner or cafe of owners 
owners of fuch lots fhall negle<St to pave Vv'ith bricks or flat negkaing to 
ftones, and to fupport the foot-way, for the fpace of twenty P^^^- 
days after he or the tenant of fuch lot, or the attorney of the 
faid owner or owners flrall have been thereto required by any 
of the furveyors of highways, then it (hall be lawful for the faid 
furveyors of highways, and they are hereby enjoined and re- 
quired to pave the faid foot-ways with brick or flat ftones, and 
to fupport and to defend the fame, and to repair the fame, and 
Ihall recover the whole amount thereof by action of the cafe, to 
be brought by the furveyors of highways, before any Court 
proper to try the fame : Provided nevertheiefs^ That in all cafes ProTifion for 
where applications may be made for new paving of fcreets, any agorrieved indi- 
individuals who may be aflefted thereby, may make their ob- vi*^'^^'^' 
je6tions to the SelecSfcmen, or lurveyors of highways, who are 
dire«!ted to take them into coniideration while deliberating on 
the expediency of faid application, and to pave the fame at the 
expenfe of faid town wherever they fliall think it expedient : 
Provided alfoy That where there are any vacant lots of land in pianks may be 
any fuch ftreets, the furveyors of highways may, at their dil- "'^^ beiore va- 
cretion, allow the owner or owners thereof to cover the foot- *^^'^' '^^^' 
path with planks, which fliali be removed, and the brick or fiat 
ftone pavement fliall be completed whenever it may become- 
necelTary in the judgment of faid lurveyors. 

Sect. 3, And be it further enaEledy That the Sele£Vmen 
of the faid town of BoJJon, for the time being, whenever in their Se]e(rrmen cm- 
opinion the fafety and convenience of the inhabitants of faid powered to wl- 
town fliall require it, fliall be, and they hereby are empowered '^'^^ Erects, &u 
to lay out or widen any ftreet, lane or alley of faid town, and 
for that purpofe to remove any building or buildings of what 
nature foever ; and the owner or owners of fuch building 
fhall be entitled to receive compenjation for the damages 
which he or they may fuftain by fuch removal, which damages 
fhall be afcertained, cletermined and recovered in the way and 
manner pointed out in the A(fl of this Commonv^-ealth, entitled, 
*< An Act directing the method of laying out highways." 

Sect. 4. And be it further enaPied^ That no canopy, balco- Balconies, cel- 
ny, platform of cellar-door, or ftep in any ftreet, lane or alley, lar doors, &c, 
in the town of BoJloUy fliall project into fuch ftreet more than regulated. 
one tenth part of the width of the ftreet, and in no cafe more 
than three feet; and all cellar doors hereafter to be made or 
repaired, fliall be built with upright cheeks, and fliall not 
project from the line of the houle more than fix inches : And 

if 



34Q PAVING BOSTON SI REETS. June 22, An. 1799, 

if any proprietor or owner of any fuch canopy, balconVj platfornx 
or cellar ' door, or Heps, (Ijall refufe or neglecl to remove or 
take down the fame, within five days after notice and dire6tior\ 
given him or them by the furveyors of highways, or anv per- 
lon empowered by them to that purpofe, fiich owner or pro^ 
prietor in, ill forfeit and pay the furn of Pwo doiiars, for each 
and every day .the fame Ihall remain after the expiration of 
the faid five days. 

Sect. 5. And he H further ennEled^ That no poft fhall be 
Polls and trees eredted or fet in any of the ftreets of the faid town of Bofiofty 
iTOtto be put except at the corners or interfedlion of two ftreets, and in 
out confent cf ^"'^^^ Other places as the furveyors of highways may authorize 
tJie furveyors And direct, and the faid furveyors may remove the fame : And. 
c( highways, no perfon ihall plant any tree in any ftreet in the faid town 
of Bu/lony without leave firll obtained from the furveyors of 
highways, who fliall have power to remove the fame : And 
if any perfon Ihall drive any horfe or cart, or any wheel car- 
riage of burthen or pleafure, or wheel any wheel-barrow on 
the foot-v/alk of any ftreet in faid town of Bojion^ fuch perfon 
^t."^r^ , ^°^ ihall forfeit and pay the fum of one dollar for every fuch of- 
rows/ &c. on ^^^^^ce, to be recovered by adiion of debt, in the name of the 
foot-waik. lurveyors of highways, befor-e any Juftice of the Peace in the- 
county of Siiffolk .- And no perfon fhall in future make, eredt 
Diredion ref- or have any portico or porch, any bow-window, or other win- 
^'^•'^j"'" , ^'"7" *^<^''^> which ihali projc6l into the ftreets of the laid town oi 
" "* ^' Bofiov^ more than one foot beyond the front of his or her- 
houfe ; or hang any fign, or any goods, wares or merchandize, 
which fliall project into the ftreet more than one foot beyond 
the front of his or her houfe or lot : And if any perfon ihall 
kereafter offend againft this provifion, every perfon {o offend- 
ing, fhall forfeit and pay the fum of one dollar for each and ev- 
ery day Inch portico or porch, bow-window or other window 
lliall be continued, after notice given to him by the fur\"eyors 
of highways, or by any perfon by them authorized to that 
purpofe. 

Sect. 6. And he it further enacled^ That if any perfon or 
Merchandize perfons ihall continue to place in the ftreet, contrary to the 

not to be placed '■. ■ c -i • \ r, i ii- 

i'a the Uricts meanmg or this Act, any goods, wares or merchandizes, it 
fliall be lawful for the fiirveyors of highways of the faid 
town of Bcfion, or any perfon empowered by them, to re- 
move fuch goods, wares and merchandizes, and to keep them 
in fafe cuftody ; and the proprietor or owner of fuch goods, 
wares and mercli,andii;f., ihall not have the fame goods 
rcftored, until he Oi* they fliall have paid to the perfon or 
perlons fo removing them, all €xpenfes of removing and 
ftoring them, and a reafbnable compeniation for the time lb. 
employed in their removal, as well as the fine aforefaid : Anci 
if any pcrlun lliall place or pile any empty boxes, barrels, hcgl\ 
i»€adsj or other couveniency canable of containing goods or 

mcrchandize,i 



LINC. AND CUMB. FISHERY. Jan. i6, An.iSoo. 341 

merchandize, or that may have contairred goods or merchan- 
dize, in any part of the fireets of the faid town of Bojlon^ more 
than five minutes after notice given to remove the fame, luch 
perfon fliall forfeit and pay the fum of tivo dollars., for each 
and every fuch offence, to be recovered by action of debt, by 
the furveyors of highways, before any Jullice of the Peace in 
the faid county. 

Sect. 7. And he it further enacted., That if any driver, Carriages not 
owner or perfon having the ordering or care of any cart, wag- t'' belcftbth* 
gon, ftage or hackney-coach, ftage-waggon, or other carriage 
new or old, finifhed or unfiniflied, fliall fuffer the fame to be 
and remain in any ftreet, lane or alley of the faid town, more 
than one hour after the fame fliall have iirft been placed there, 
unlefs by^the permiffion of the furveyors of highways, every 
fuch owner, driver or perfon having the care or ordering of 
fuch carriage as aforefaid, fhall forfeit and pay the fum of ove 
dollar^ for each and every fuch offence, to be recovered as Prorifo in fec 
above diredled : Provided neverthelefs^ That no proJGecution vour of coun- 
Ihall be commenced againft any driver of any cart or waggon trymen. 
coming from the country, unlefs by the particular direction 
and order of the Sele<5lmen. 

Sect. 8. And be it further enaBedy That all the forfeit- 
ures and fines which may be recovered in purfuance of this I^'fpofal «f 
A6t, fliall go and be diftributed, one moiety thereof to the 
poor of the town of Bojion, and the other moiety to the fur- 
veyors of highways. 

[This Acl paffed June 22, 1799.] 

An ACT in addition to an A61, entitled, " An Acl 
for the Prefervation of the Fifli called Salmon, Shad 
and Alewives, in the Rivers, Streams and Waters 5^",^ i.'Il^l* 
within the Counties of Lincoln and Cumberland,^* 
and for repealing all other Laws heretofore made 
for that Purpofe, lb far as refpects their Operation 
in the faid Counties. 

WriEREAS fmce the paffing the A^l aforefaid the faid Preamble, 
county of Lincoln has been divided, and the northerly 
part thereof erected into a county by the name of Kcnnehccky 
and doubts have arifen whether the fame Adt now operates in 
faid county of Kcnnekech ; Therefore, 

Be it enacted by the Senate and Houfe of Reprefentatives., in 
General Court alTembledy and bv the authority of the faviCy That 
from and after the pafling tnis Acl, the law aforeraicl, to which tended to Kcn- 
this is an addition, fliall have the fame force and operation in nebeck county, 
the fiid county oi Kcnnebeck^ as it now has in the county pf 
.Lit^oln, 

[This Ad pafTed January 16, 1800.] 



348 MIDDLESEX CANAL. 7<j». 25, An.1800. 



B' 



An ACT to fet oil Thomas Locke, from the Town of 
Burlington, and annex him to the Town of Lex- 
ington, 

)E it ena^ed by the Senate and Houfe of Reprefeniativex, in 
General Court aJJembLd, and by the authority of the famey 
That Thomas Locke, with his family, and his real eflate follow- 
ing, to wit : Beginning at a black oak tree marked, on the north- 
. eafterly fide of the new road, fo called j thence fouth thirty-lix 

eflat"^fe°" off ^^g^^es eaft, to Wobiirn line ; thence by faid Woburn line 
from Burling- fonth-eafterly, to Lexington line ; thence by faid Lexington line 
ton. northerly, to Vine Brook, fo called, near the fulling mill ; thence 

down ftream faid brook, and through the mill pond, to a pine 
tree marked, ftanding near the north-wefterly corner of faid 
mill J thence fouth forty-fix degrees eaft, to the firft bounds, 
be, and he hereby is fet off from the town of Burlington, and 
annexed to the town oi Lexington, in the county ol Middlefex, 
with all the privileges and fubje<St to all the duties of other in- 
habitants of faid town of Lexington : Provided neverthelefs. That 
ProviCon ref- the faid Thomas Locke fliall be holden to pay all taxes already 
pedlmg taxes, affeiTed againft him and his faid eftate in the town of Burlington 
aforefaid, and alfo all State taxes until a new State valuation 
lliall be taken, in the fame way and manner as he was before 
palling this A£l holden to pay the fame ; any thing in this A6t 
to the contrary notwithftanding. 

[This Adi palTed January 20, 1800,] 



J^J**g^'^'793. An ACT in addition to feveral Ads pafled refpecting 
June 25, 1798. the Middlefex Canal, 

WHEREAS the Proprietors of the Middlefex Canal have 
in their petition fet forth, that from a refervation in 
the A^s already pafled in their favour, the Government has a 
right to regulate the toll of goods carried on the Canal anew 
after the expiration of forty years, from which refervation great 
difcouragements and embarrailinents have refulted in the exe- 
cution of that projefc : Therefore, 

Be it enacltd b\^ the Senate and Houfe of Reprefentatives, in 
General Court ajfimbled, and by the authority of the fame. That 
— ,, _ the toll of one fixtreuth part of a dollar for each ton carried one 

t^j^ " mile on the fame Canal, be eftabllflied to the faid Proprietors 

and their fucceflbrs forever ; any refervations in the A6ls afore- 
iaid, or either of them, refpcding the fame, to the contrary 
notwithftanding. 

[This Act paffed January 25, 1800.] 

Aa 



RELIGIOUS SOCIETIES. Jatu 25-31, An. 1 800. 343 



An ACT authorizing the Proprietors of the Epifcopal 
Church in Newburyport, to appoint an Agent to 
convey certain Real Eftate. 

TiE it enabled by the Senate and Houfe of ReprefentatlveSy in 
-^ General Court ajfembled, and by the authority of the fame^ 
That the Proprietors of the Epifcopal Church in Newburyporty 
at any legal meeting hereafter to be held, may, by a vote of the 
majority then prefent, appoint an agent, with powers to transfer ^S^'?^ *<> t® 
and convey to luch perfons as the faid Proprietors fhall think ^I'fnTfer^ prop- 
proper, the building now occupied by them for the upholding erty. 
of public wonliip, together with fo much of the Proprietors' 
land under and adjoining the fame, as fhall be covered by a 
new Church, which fuch purchafers may caufe to be erefted ; 
and that the deed of fuch agent, duly executed and acknowl- 
edged, ihall be lufficient in law to convey the title of all the 
preient Proprietors to the faid building and land, in as full and 
ample a manner as if executed by the faid Proprietors individ- 
ually : Provided) That this A6t fhall be publifhed three weeks Provlf*. 
fucceffively, in the newfpaper printed at Newburyport ; and 
that nothing herein contained fliall affedl the rights of any fuch 
of the fiid prefent Proprietors as fliall, within three months 
after fuch publication, deliver his, her or their diffent in writ- 
ing to fuch fale to the Clerk of the faid Proprietors. 
[This Adt palTed January 25, 1 800.] 



An ACT to incorporate a Number of the Inhabitants 
of the Town of Winibrop, in the County of Kenm' 
heck^ into a Religious Society by the Name of The 
Firji Co7igregational Society i?i Winthrop. 

« "OE it enabled by the Senate and Houfe of Reprefefita- 

■^ fives, in General Court ajfembled, and by the author- 
ity of the fame. That Samuel Wood, Jofeph Metcalf Nathaniel Perfons Jncor. 
Fairbanks, Nathaniel Smith, Mofes Frofl, Nathaniel Morton, John " 
Chandler, jun. Micah Barro%vs, Reuben Brainard, Noah Jllorril, 
IJaac Smith, Jonathan Whiting, Jofiathan Whiting, jun. James 
Prefcott, Solomon Efly, John White, John Kezer, Henry Wood, 
Enoch Wood, Jofeph Mathews, Barzillai Delano, Jdin Stanley^ 
Simon Page, Simon Page, jun. Odlin Prefcott, Elijah Wood, Samp" 
fon Davis, Jonathan Pullen, Peter Gale, John Cole, Joftah Cujh- 
man, Benjatnin Read, Livy Morton, Ebenezer Morton, Charles 
Harris, Ebenezer More, Jcnncfs Fonule, Amos Stevens, Amos Ste- 
vens, jun. Daniel Stevens, Unite Bronvn, JVilliam Brown, Jonas 
Stevens, William Stevens, Ebenezer Davenport, Elijah Davenport^ 

Amos 



344 CONNECT. RIVER BRIDGE. Feb, 4, An. 1 80&. 

^mos Perley, Samuel Aforri/, jfonathan Currier^ John Turner, 
'James Atkinfofiy Soio^non Foivle^ David Chandler.^ John Sirecfer, 
Jonathan Thurjhn^ Richard Goiver^ Xehediah Szueet, Feleg Benfojif 
Henry Stanley, Jofuib Bacon, Mofcs Joy, Peter Stanley, Solomon 
Stanley, Thomas Ladd, Nathaniel FeUoivs, Jeremiah Brown, An- 
drew Wood, Nathaniel Marjlon, Jonathan Hillard, John May, 
Silas La7nbert, M'^il/iam Fidlen, Mordecai Morton, Gideon Lain-* 
hcrt, Mcfes Wood, Jejfe Sweet, Nathan Richmond, Daniel Mar- 
row, ]nn. Jonathan Fallen, ]nn. 'Jojuih Tiltcn, Jfaac Shaiu,James 
Piillefi, Elijah Prefcott, Ebe?iezer Barrcnvs, John PuUen, Liberty 
Stanley, Obed Leach, Abicl Smith, Squire Bijhop, and Stephen Pttl- 
len, together with their polls and eftates, be, and they are 
hereby incorporated into a Society by the name of The Flrji 
4iam^° " * Congregational Society in Winthrop, with all the privileges, pow- 
ers and immunities, to which parilhes are by law entitled in 
this Commonwealth. 

Sect. 2. Be it further enacted. That any perfon in the faid 
town of Winthrop who may at any time hereafter actually be- 
-^ , come a member of and unite in religious worihip with the faid 

» member. ^ irft Congregational Society, and give in his or her name to 
the Town-Clerk of faid Winthrop, with a certilicate iigned by 
the Miniiler or Clerk of faid Society, that he or flie has actu- 
ally becom.e a member of and united in religious worfhip with 
the faid Society in Winthrop, fourteen days previous to the 
town-meeting therein to be held in the month of March or 
April annually, fliall, from and after giving fuch certlficate,with 
his or her polls and eflates, be conlidered as a member of faid 
Society. 

Sect. 3. And he it further enaEled, That Samuel Wood^ 
Efq. be, and he hereby is authorized to iffue his w^arrant, di- 
reiSted to fome member of faid Society, requefting him to nbti- 
. fy all the members thereof, qualified to vote; in pariHi affairs, 
m-e ing. ^^ aflemble at fome fuitable time and place in faid town of 
Winthrop, to choofe fuch officers as parifhes are by law re- 
quired to choofe in the month of March or April annually, 
and to tranfa^l all other matters and things necelTary to be 
done in faid Society. 

[This Acl pafTed January 31, 1800.] 

An ACT in addition to an Acl, entitled, " An Act 

for incorporating certain Perfons for the Purpofe 

June I ,179 • Q^- i^yilding a Bridge over Conncdicut River, in the 

County of FlampJhire, and for fupporting the fame." 

<^ T}E it enacted by the Senate and Houfe of Reprefenia- 

■*-^ lives, in General Court affembled, and by the author^ 

ity of the fame, That the Corporation conftituted and made id 

au4 



HARVARD COLLEGE. Feb. 6, An, t Boo, 345 

and by the Adl, the title whereof is above recited, be, and 
hereby is autliorized and permitted to ered a Bridge over 
Conne&icttt River, at any fuitable place between CoJ? Ijlatld and Reltriaion re* 
the mouth of Deerfield River, inllead of being limited in the vokcd. 
eresStion of fuch Bridge to the place exprefled and provided 
in the faid Act to which this is in addition ; any thing in the 
beforementioned A£^ to the contrary notwlthftanding ; under 
the fame rules, regulations, rights, liberties, duties and re- 
ftri£lioRs in every other refpe^Sl, as are provided, granted and 
allowed in the A61 aforefaid , excepting that the faid Corpo- 
ration are hereby allowed the further and additional time of 
one year from the fini: day of Afay, in the year of our Lord 
one thoufand eight hundred and one, to erecl the Bridge 
aforefaid. 

Sect. 2. Jnd be it further enaSled, That the fhares in the gj^g^jg^g^jj^ed 
faid Bridge (hall be taken, deemed and confidered as perfonal pgj.fonai gftate. 
eftate to all intents and purpofes •, and the mode of transfer- Mode of trans- 
ring faid fhares fliall be by deed acknowledged before any Juf- fer and attach* 
lice of the Peace, and recorded by the Clerk of the faid Cor- "^^"'' 
poration in a book^to be kept for that purpofe ; and when any 
of faid iliares ihall be attached on rnefne procefs, an atteded 
Copy of fuch procefs lliall, at the time of the attachment, be 
left with the Clerk of the faid Corporation •, and the officer 
making the fervice fliall certify on fuch copy whofe and how 
many flaares he fhall have attached by virtue of the writ to him 
directed ; otherAvife fuch attachment (hall be void : And the 
iliare or fliares of any Proprietor may be fold on execution, in 
the fame manner as is or may be by law provided for the fale of 
perfonal property by execution j the officer making the fale, 
or the judgment creditor, leaving a copy of the execution and 
of tlie officer's return on the fame with the Clerk of the faid 
Corporation, within ten days after fUch fale, and paying for 
the recording of the fame. 

[This A£t pafled February 4, 1800.] 



An ACT to alter the Appropriation of the Sum of 
Two Hundred Pounds per Annum, made by an Act 
paffed in the Year One thoufand feven hundred and 
ninety-fix, entitled, " An Acl to alter the Appro- 
priation of the Sum of Two Hundred Pounds paya- f«b, a?, 
ble annually by the Proprietors of Weji-Bojlon 
Bridge to the Univerfity ef Harvard College." 
^ T)E it enacted by the Senate and Houfe of Reprefenta- 

^ • * X-/ tiyes, in General Court affimbledy and by the author^ 
ify of the Jame^ That the appropriation of the fum of iivo hun- 
dred. 
Vol. ir. 2....U 



346 MAINE, &c. MARINE INS. CO. Feb. 7, An. 1 800. 

dred pounds per annum, made by an A£l, pafled in the year of 

our Lord one thoufand feven hundred and ninety-fix, entitled, 

" An Acl to alter the appropriation of the fum of two hundred 

pounds payable annually by the Proprietors of Wcfi-Bojhn 

Bridge to the Univerftty of Harvard College" be fo far altered, 

as that the Prelident and Fellows, with the approbation of the 

Conditional Overfeers of the faid College, fhall have a dilcretionary power 

difcretionary |-q apply the laid fum, or any part thereof, to the fupport of 

power given, qj^q or two permanent Tutors in the faid Univerfity, as the 

funds and the intereit of the faid College lliall in their opinion 

require. 

Sect. 2. And be it further enaEled., That the faid perma- 
nent Tutor or Tutors fhall and may be difplaced for inability, 
infanity, or any other incapacity, or for any other juft and rea- 
fonable caufe, at the difcretion of the faid Prefident and Fel- 
lows, with the conlent and approbation of the Overfeers of 
the faid College. 

[This AcH; palTed February 6, 1 800.] 



Ninth feflion An ACT to incorporate Hugh McLeilan^ and others, 
repeaieJ, June '^^^^ ^ Companv bv the Name of ne Maine Fire 

5, 1800. I , yr • r /• n< 

Additional Aft, mid Marine Injur ance Lompany. 

June 14, I 04. -^ ^Y euafted by the Senate and Houfe of Reprefeiita- 

■^ tives, in General Court afanblcd, and by the author- 
ity of the fame y That Hugh McLellan, and others, and all fuch 
perfons as have already, or hereafter Ihall become Stockholders 
in faid Company, being citizens of the United States^ be, and 
hereby are incorporated into a Company and Body Politic, by 

Corporate ^j-^g name of The Maine Fire and Marine Infurancc Companx^ for 

''^'"^' and during the term of twenty years after the palling of this 

A€i ', and by that name may ilie and be fucd, plead or be im- 
pleaded, appear, profecute and defend to final judgment and 
execution, and have a common feal, which they may alter at 
pleafure ; and may purchafe, hold and convey any eflate, real 
or perfonal, for the ufe of laid Company, fubjec^ to the rellric- 
tions hereinafter mentioned. 

Shares. Sect. 2. Be it further enaBed, That a fliare in the capital 

flock of the faid Company fnall be ofte hundred dollars ; and 
the number of fnares iliall not be Icl's than one thoufand, 
nor more than fix thoufand : And if the faid number of fhares 
are not already filled, fubfcriptions fhall be kept open, under 
the inlpeclion of the Prefident and Direftcrs of the faid Com- 
pany, until the fame fhall be filled ; and the whole capital flock, 
eftate or property, which the faid Company fhall be atithorized 

Capital. tQ hold, (liall never excced^^v hundred thai f and dollar s^ exclufive 

of 



MAINE, &c. MARINE INS. CO. Fcb.y, An. 1800. 347 

of premium notes or profits ariling from faid bufineffi ; of which 
capital ftock or property, twenty thoufand dollan only {hull be 
inverted in real eftate. 

Sect. 3. Be it further enaBed^ Th& the llock, property, 
affairs and concerns of the faid Company^ fliall be managed and 
conducted by nine Directors, one of whom Ihall be the Prefi- Biredlors. 
dent thereof, who fhall hold their offices for one year, and until 
others fliall be chofen, and no longer j which Directors, iliall, 
at the time of their election, be Stockholders and citizens of 
this Commonwealth, and fliall be ele£ted on the firft Tuefday 
in janunry, in each and every year, at fuch times of the day, 
and at fuch place in the town of Portland) as a majority of the 
Directors for the time being fliall appoint ; of which eledtion 
public notice Ihall be given in at leal! two of the newfpapers 
printed in the town of Port/andy tmd continued for the fpace of 
twenty days immediately preceding fuch eleCition : And fuch 
election ihall be holdea under the infpection of three Stock- 
holders, not being Dire6tors, to be appointed previous to every 
eleiStion by the Dire<£tors, and fliall be made by ballot by a 
majority of votes of the Stockholders prefent, allowing one vote 
to each fliare in the capital itock ; providedy that no Stockholder 
fliall be allowed more than thirty votes : And the Stockholders 
not prefent may vote by proxy, under fuch regulations as the 
faid Company fhall prelcribe : And in cafe of any unavoidable 
accident, the faid Directors fliould not be chofen on the faid 
flrfl Tuefday in January as aforefaid, it fliall be lawful to choofe 
them on another day, in manner herein prefcribed. 

Sect. 4. Be it further enacledy That the Directors, fo 
chofen, fliall meet as loon as may be, after every election, and 
fliall choofe out of their body one perfon to be Prelldent, who Prefident. 
fliall prelide for one year, and be fworn faithfully to difcharge 
the duties of his oihce ; and in cafe of the deatli, reflgnatioa or 
inability to ferve of the Preiident or any Director, fuch vacancy 
or vacancies fliall be filled for the remainder of the year in 
which they may happen, by a fpecial election for that piirpofe, 
to be held in the In me manner as is herein before directed, 
refpecting annual elections for Directors and Prefident. 

Sect. 5. Be it further enaciedy That the Prefident and four 
of the Directors, (or five of the Directors in the abfence of the 
Prefident,) fliall be a Board competent to tranfa6t bufihcfs ; and Board for bu& 
all queftions before them fliall be decided by a majority of "'^^^' 
votes ; and they fliall have power to make and prefcribe fuch 
by-laws, rules and regulations, as to them fliall appear needful By-laws, &c. 
and proper, touching the management and dUbofition of the 
fl:ock, property, eftate and ettects of faid Company, and the 
transfer of the fliares, and touching the duties and conduct of 
the feveral oflicers, clerks and fervants employed,, and tiie elec- 
tion 



348 



Afllftant offi- 
cers. 



^ireiftorn' 
meetings. 



What to be in- 
fured. 



Policies. 



pividends. 



Cafe of capital 
ilock being liT- 
fciied. 



MAINE, &c. MARINE INS. CO. feh.^. An. 1800. 

tion of Dire<ftorSj and all fuch matters as appertain to the bufi- 
iiels of infurance \ and (hall alfo have power to appoint a Sec- 
retary and fo many Gierke and fervants for carrying on the faid 
bufinefs, and with fuch fabrics and allowances to them and to 
the Prefident, as to the faid Board fhall feem meet : Provided^ 
That fuch by-laws, rules and regulations fliall not be repugnant 
to the Conftitution or laws of this Commonwealth. 

Sect. 6. Be it further enaSfed^ That there fhall be ftated 
meetings of the Directors, at leaft once in every month, and 
as often within each month as the Prefident and Board of 
Directors fhall deem proper : And the Preiident and a Com- 
mittee of three of the Diredlors, to be by him appointed in 
rotation, fhall afTemble daily, if need be, for the difpatch of 
bufinefs ; and the faid Board of Directors, and the Coramitte? 
aforefaid, at and during the pleafure of the faid Board, fhall 
have power and authority, on behalf of the Company, to make 
infurance upon vefTels, freight and goods, and againfl captivity 
of perfons, and on the life of any perfon during his abfence by 
fea, and in cafes of money lent upon bottomry and refpondentiaf 
and are alfo authorized to make infurance on any manfion- 
houfe or other building, and on the goods and property therein 
contained, within this Commonweakh, againft damage arillng 
to the fame by fire, originating in any caufe except that of 
defign in the infured ; and to fix the premiums and terms of 
payment 5 and all policies of infurance by them made, fhall be 
fubfcribed by the Prefident, or in cafe of his death, ficknefs^ 
inability, or abfence, by any two of the Direftors, and counter- 
figned by the Secretary, and fhall be binding and obligatory 
upon the faid Company, and have the like effeft and force as 
if under the feal of faid Company ; and the afiured may there- 
upon maintain an adlion upon the cafe againft the faid Compa- 
ny } and all lofies duly arifing under any policy, fo fubfcribed, 
may be adjufted and fettled by the Prefident and Board of Di- 
reftors, and the fiime fhall be binding on the Company. 

Sect. 7. Be it further engcfedy That it fliall be the duty of 
the Diredtors, on the fecond Tueiday of Ju7ie and Deceniber, in 
every year, to make dividends of fb much of the intereft arifing 
from the capital ftock, and the profits of the faid Company, 
as to them fliall appear advifeable j but the monies received and, 
notes taken for premiums on rifks, which fhall be undetermined 
and outftanding at the time of making iuch dividends, fliall no£ 
be confidercd as part of the profits of the Company ; and in 
cafe of any lofs or loifes, whereby the capital ftock of the Com-r 
pany fhall be IcfTencd, each Proprietor's or Stockolder's eftate 
fhall be held accountable for the deficiency that may be due 
on his fhare or fharcs at the time of faid lofs or loffes taking 
place, to be paid in to the faid Company by aireflments, or 

iuch 



MAINE, &c. MARINE INS. CO. Feb.y, An.1800. 349 

fuch other mode, and at fuch time or times as the Dire<Slors fhall 

order j and no fublequent dividend fhall be made until a ilun 

equal to fuch diminution fhall have been added to the capital ; 

and that once in every two years, and oftener, if required by statement to 

a majority of votes of the Stockholders, the Dire<5i:ors fhall Stockholder*. 

lay before the Stockholders, at a general meeting, an exa6l and 

particular flatement of the profits, if any there be, after dedu6t-» 

ing lofTes and dividends. 

Sect. 8. Be it further enncled^ That the faid Company fhall 
not, diredlly nor indirectly, deal or trade in buying or felling Djfpofnion ^r 
any goods, wares, merchandize or commodities whatfoever ; and capital flock, 
the capital ftock of fiid Company, after being collected at each 
inftalment, fhall, within one hundred and twenty days, be in- 
vefted, either in the funded debt of the United States, or of this 
Commonwealth, or in the ftock of the United States Bank, or 
of any incorporated Bank in this Commonwealth, at the dif^ 
cretion of the Prefxdent and Directors of faid Company, or of 
other officers which the Proprietors fhall for fuch purpofe ap- 
point. 

Sect. 9. Be it further enabled. That tiventy dollars on each 
fhare in faid Company fhall be paid within fixty days after the Payment of in- 
|h-fl meeting of the faid Company, and the remaining fum due Raiments reg- 
on each fliare, within five years afterwards, at fuch equal in- ^^"^"• 
ftalments, and under fuch penalties as the faid Company fhall . • 

dire(St ; and no transfer of any fhare in faid Company fliall be 
permitted or be valid until all the inflalments on fuch fhai*e 
ihall have been paid. 

Sect. 10. Be it further enaEled, That no perfon being 
either fingly or as partner with one or more perlbns, a mem-]^'^^®"^'"^''?*- 
ber of any other Company, carrying on the bufmei's of fire and ofs. 
marine iniurance, fhall be eligible as a Director of the Company 
by this A(St eftabliflied. 

Sect, i i . Be it further enaEled, That the property of any 
member of faid Company, vefted in the ftock of faid Company, 
fnall be liable to attachment, and to the payment and fitisfaCtion Shares liaMe to 
of his juit debts to any of his bona fide creditors, in manner fol- attachment. 
lowing, to wit ; In addition to the fummons by law prefcribed to 
be left with the defendant, a like fummons fliall be left with 
the Secretary of faid Company; and the debtors' fhares In the faid 
Coinpany's funds, together with the intereft and profits due, or 
growing due thereon, or fb much thereof as fliall be fulficient, 
fliall thereby be held to refpoid faid fuit according to law j 
and all transfers of the debtors' fhares, not noted in the books 
of the Company, previous to the delivery of fuch fummons, 
fliall be barred thereby, and execution may be levied upon the 
property of any Stockholder in faid Company, and his fhare 
or fhares therein expofed to falc in the fame manner as is by 
law prefcribed where perfoual eftate is taken in execution j and 

k 



350 ROWLEY DIKE. ir^.i3, An.iSoo. 

it fliail be the duty of the ofEcer who extends fuch execution 
to leave an attefted copy thereof, with his doings thereon, with 
the Secretary of faid Company ; and the purchafers fliall there- 
upon be entitled to the reception of all dividends and flocks 
which the debtor was previoufly entitled to : And upon any 
attachment being made, or execution levied on any fliares in laid 
Company, it ihall be the duty of the Secretary of faid Compa- 
ny to expofe the books of the Company to the officer, and to 
furnifh him with a certificate under his hand, in his official ca- 
pacity, afcei-taining the number of ffiares the debtor holds in 
faid Company, and the amount of the dividends due thereon. 
Sect. 12. Be it further enacledy That in cafe of any lofs 
or lofTes taking place, that fhall be equal to the amount of the 
capital ftock of the faid Company ; and the Preiident or Direc- 
. tors, after knowing of fuch lofs or lofles taking place, fhall fub- 

liable in certain ^'^ribe to any policy of infurance, their eftates jointly and fever- 
cafe, ally fliall be accountable for the amount of any and every lofs 
that Ihall take place under policies thus fubfcribed. 

Sect. 13. Be it further enaSled^ That the Prefident and 

Yearly pubH. Cireftors of faid Company fliall, previous to their fubfcribing 

cation of ftock, to any policy, and once in every year after, publilh in two newf- 

&c. papers printed in Portland^ the amount of their flock, againft 

what riik they mean to infure, and the largefl lum they mean 

to take on any one rifk. 

Sect. 14. Be it further cnacledy That the Prefident and 
Statementtobe Directors of faid Company fliall, when and as often as required 
made when re- by the Lcgillaturc of this Commonwealth, lay before them a 
quired. ftatement of the airairs of faid Company, and fubmit to an ex- 

amination concerning the fame, under oath. 

Sect, i ^ -^'^^ ^^ ^i further enncledy That Hugh MeLellaiiy 
Arthur McLellan^ and Daniel Tucker^ are hereby authorized to 
Firft meeting, call a meeting of the members of faid Company, as foon as may 
be, in Portland, by advertifing the fame for the three weeks fuc- 
ceffively in two of the newfpapers printed in faid town, for the 
purpofe of eledling the firft Board of Directors, who fhall con- 
tinue in office until the firft Tuefday of January next following. 
[This Act pafTed February 7, 1800.] 



An ACT to enable the Proprietors of a certain Piece 
of rou2;h Salt Marfh fituate in the Town oi Row- 
ley^ in the County of Effcx, to make and maintain 
a Dike, for the better improving the fame. 

WHEREAS Thomas Mighill, Nathaniel Gage, Mofes Rich- 
ards, John Gage, Humphry Hob/on, John Scott, Samuel 
Lancajler, Nelfon Todd, Edward Sanders, Mark Crefcy, Nathan- 
iel Bradjlreett Jonathan Lambert, Jacoh Pickard, jun. Thomas 

Gagey 



ROWLEY DIKE. Z'^^. 13, An. 1800. 351 

Gage, Apphla Lambert, and Jacob Jeivett, Proprietors of a tra<n: 
of rough marfh in Roivhjf containing about feventy-nine acres, 
lying within the lines hereafter dei'cribed, viz. Bounding fouth- 
erly on the road leading to the Stackyard in part, and in part 
on the Stackyard IJInmls ; eafterly on marlhes of Jo/eph Sutrl, ^-^un^^rlei. 
Mofcs Richards, Jonathan Chaplin, and Thomas Mighill, Efq. ; 
northerly on the Far-di-vijion IJlands, fo called, and marfli of 
Humphry Hobfon ; wefterly in part on one of the Far-divifton 
IJlands, in part on marlh of Nathaniel Gage, and in part on up- 
land known by the name of EaJ}-MarJJjJicld, to the bounds firfl 
mentioned, having requefled the General Court to authorize 
them to make a Dike, for the purpofe of preventing faid marfh 
from being flowed by fait water, and it appearing to this Court 
that improvements might thereby be made in faid marfli which 
would be beneficial to the Proprietors as well as to the public : 

Sect. i. Be it therefore enabled by the Senate and Houfe of 
Reprefentativesy in General Court ajfembled, and b\ the authority of 
the fame, That the Proprietors for the time being, of the marfh 
aforefaid, be, and they hereby are authorized and empowered, 
from time to time, to raife by an alTeffinent or tax to be levied Tax to be lev- 
on all the Proprietors of faid marfli lying within the Dike to be ''^^" 
made as aforelaid, according to the intereft they feverally fhall 
have therein, fuch fum or fums for defraying the charges of 
making and maintaining faid Dike as fhali' be agreed upon by 
the faid Proprietors, or the major part of fuch of them as fliail 
be aflembled at any legal meeting to be called for that purpofe ; 
the meetings of the faid Proprietors to be called and conducled 
in the {lime manner as is provided for calling and conducting 
Proprietors' meetings, by an A6f, entitled, " An Acl for the 
better managing lands, wharves and other real eftate lying in 
common." And the laid Proprietors are hereby authorized and 
empowered, at any legal meedng thereof, to choofe ail fuch 
oflicers as may be necefl!ary for managing the buiinefs aforefaid, OfEcers. 
in the flime manner as is provided for the choice of oiiicers in 
the A(S1: aforei'aid. 

Sect. 2. Be it further etiacled by the authority aforefaid. That 
if any of the Proprietors of the laid marfla fliall refufe or neg- Cafe of refufal 
lect to pay the fum or fums of money duly alTefled on him, for to pay affeff- 
the fpacc of fix months after fuch afTeirment fliall have been "^2"^'* 
fhewn him, or a copy thereof left at his ufual place of abode, 
then the faid Proprietors, for the purpofe of colletfting the 
monies in fuch aifoliinent, are hereby fully empowered, from 
time to time, at public vendue, to fell and convey To much of 
fuch delinquent Proprietor's part of faid marih as will be fuffi- 
cient to pay and latisfy the fum or fums afleiTed upon fiach 
delinquent Proprietor as aforefaid, and all reafonable charges 
attending fuch falos, to any perfon that will give mofl: for the 

fame « 



35^ RUMFORD. Feb. 21, An, 1800. 

fame ; notice of fuch fale and the time, and place thereof being 
given by porting an advertifement thereof in fome public place 
in the town of Ri'zvLj, fix weeks before the time of fuch fale ; 
and the faid Proprietors may, by their Clerk, or by a Com- 
mittee chofen for that purpofe, execute a good deed or deeds 
of conveyance of the part of the faid marfh fo fold unto the 

Provifo. purchaier thereof, to hold in fee fimple : Provided neverthelefsy 

That the Proprietor or Proprietors whofe part or fhare fliall be 
fold as aforefaid, fhall have liberty to redeem the fame at any 
time within one year after fuch fale, by paying the fum fuch 
part or fhare fold for, and charges, together Virith tha fum of 
fix dollars for every hundred dollars produced by fuch fale, and 
fo in proportion for a greater or lefs fum. 

Sect. 3. And he it further enaEled by the authority aforefaid^ 
That the laid Proprietors are hereby empowered to order and 

Genera au- ^^j^^gg g]] affairs relative to the making and maintaining of the 
Dike aforefaid, in fuch way and manner as fhail be concluded 
and agreed on by the major part of thofe who are therein in- 
terefted, prefent at a legal meeting ; the votes to be collected 
according to the intereft of the faid Proprietors, 

[This AtSl paifed February 13, 1800.] 



An ACT to incorporate the Plantation heretofore 
called New Pennycook^ in the County of Cumberland^ 
into a Town by the Name of Rumford. 

„ T^E it enacted by the Senate and Houfe of Reprefentu'- 

■^ tiveSy in General Court ajjembled, and by the author^' 
ity ofthefamey That the plantation heretofore known by the 
name of Nenjo Pennycook^ in the county of Cumberland^ and as 
defcribed in the following bounds, together with the inhabit- 
ants thereon, be, and hereby are incorporated into a town by 
the name of Rumford : Beginning at a hemlock tree ftanding 
Boundaries. O" the line of the town of Bethel ; thence running north 
eighteen degrees and an half weft, croffing the river Avierif^ 
coggin, feven miles and forty rods to a fpruce tree •, then turn- 
ing and running north, feventy-one and an half degrees eaft, 
feven miles and forty rods to a beach tree ; then turning and 
running eighteen and an half degrees call, eroding Amerifcog- 
gin River again, {even miles and forty rods to another beach 
tree j then turning and running fouth feventy-one degrees 
and an half degree weft, feven miles and forty rods to the 
bound firft mentioned : And the faid town are hereby vefted 
with all the powers, privileges and immunities, which other 
towns do or may enjoy by the Conftitution and laws of this 
Commonwealth. 

Sect, 



ORLAND. Feb. 21, An. 1800. 353 

Sect. 2. J>nl he itfurihey enaBed^ That Job Eajlman^ Efq. 
be, and hereby is authorized to iffiie his warrant, dire<^ed to 
feme fuitable inhabitant of the faid town, requiring him to . 
notify and warn the inhabitants thereof to meet at fuch time '^ niecting. 
and place as he ihall appoint, to choofe all fuch officers as 
towiiS are by law required to choofe in the months of March 
or April annually. 

[This Atft paiTed February 21, i8eo.] 



An ACT to incorporate the Plantation called Nunnber 
Two, lying on the eaft fide of Pcnobfcot River^ into 
a Town by the Name of Orland. 

q JDE it enaFted hy the Senate and Hotife of Reprefenta- 

''-^ tiveSi in General Court ajjembled, and by the author^ 
ity of the fame ^ That the plantation called Number Two, in the 
County of Hanccch^ lyii^g on the eafi: fide of Penohfcot River, 
as defcribed within the following boundaries, together with 
the inhabitants thereon, be, and hereby are incorporated into 
a town by the name of Orland : Beginning at the north-weft 
corner of the town of Penobfcot, on the eaftern fhore of Eajlern Boundaries; 
Rivery at the mouth, thence running north feventy-nine de- 
grees eaft, eight miles and one hundred and twenty rods to 
the north-eaft corner of the faid town of Pe;wbfcot, and the 
northern line of the townihip Number Six ; thence north 
thirty-fix degrees eaft, on the line of the faid Number Six, to 
the fo\ith-weft corner of the townfhip Number S&ven, (incor- 
pbrafe^ the prefent feftion, by the name of Pl/fiuorth) three 
miles and fifty rods ; thence north twenty-fix degrees weft, 
fix miles and forty rods, on the northern line of faid Ellfworth 
to the fouth-eaft corner of Biickflon ,- thence fouth fifty-two 
degrees weft, on the fouth fide of Buchjlon to Eaflem River, 
fo called ; thence down faid river as it runs, to a flake on the 
marfii in Dnch Cove, on the north fide of faid river ; thence 
fouth fift5''"tv,'-o degrees and one half weft, on faid fouth fide 
of Buckjlon to the Thoroughfare, fo called ; thence down faid 
Thoroughfare and Eaftern River, by Grofe's Point, to the firft 
mentioned bound : And the faid town is hereby vefted with 
all the powers, privileges and immunities which other towns 
doj or may be entitled to enjoy, by the Conftitution and laws 
of this Commonwealth. 

Sect. 2. Jnd be it further enacted. That Oliver Leonard, 
Efq. is hereby authorized to ifllie his warrant, directed to fome „. ^ 
luitable mhabitant of laid town or Orland, requirmg hnn to 
notify and warn the inhabitants thereof, qualified to vote in 

town 

Vol. II. 2....W 



(54 EIGHTH MASS. TURNPIKE. Feb. 24, An. 1800. 

town affairs, to meet at Tuch time and place as fhall be exprcfl^ 
ed in his faid warrant, to choofe all fuch town officers as towns 
are by law required to choofe in the month of March or April 
annually. 

[This A61 pafTed Fehruary 21, 1800.] 



Additional An ACT for eftablifliing a Corporation by the Name 
^oo',-^"Ma;S o^ ^/-'^ ^'^^^'^^^ Maffuchufetts Turnpike Corporation. 



J4, 1805. 

Preamble, 



Perlbtis incor 
porated. 



Corporate 

name. 



Road prcfcrll) 
cd. 



'HEREAS the highway leading from the eaft line of the 
town of Rujfell, in the county of Hampjlnre^ through 
the faid towns of Rujelly Blandfordy Norivich and Chejier, in the 
faid county of Harnpjfjire, and Bechet, Wnjh'ington and Daltc7i, 
to the fouth line ot the town of Pittsjieldy in the county of 
BerkJJnre^ is rocky and mou.ntainous, and the expenfe of ftraight- 
ening, making and repairing the fame through the faid towns, 
fo that the fame may be conveniently travelled with horfes and 
carriages, is much greater than reafonably ought to be required 
of faid towns : 

Sect. i. Be it therefore etmclcd by the Senate atid Hotife of 
Reprefentativesy in General Court ajjembledy and by the authority of 
the fame. That Jofeph Stehbins, James S. Divighty George Blifs, 
' Zebina Stebbins, Alexander Blifsy IVilliam Smithy Jeremiah Wadf 
•worthy John Caldnvelly John Alorgan, Jofeph Harty Chriflopheif 
Lejfngnvelly Jiiftin Elyy Pelatiah Blifsy Jeremiah Stebbins, Jona- 
than Sfnithy Samuel IVlathery IVarham Parhsy William Shepardy 
James Taylory Zachariah Bufjy Af^oel Eager y Adnah Sackety Ifrael 
Afljleyy Noah FhclpSy Titus Doolittky Reuben Parks, Daniel Falley, 
David Machy James GilmaUy Oliver Bvjloy Elias Leonard, James 
Harrisy Hiram Alefenger, Henry Vanfchaachy Mofes Rigsbeey 
Azariah Egglefony Seth Lathropy Samuel Lathrop, Silas King^ 
William Py7ichony Samuel LymaUy Horace WhitCy Heman Dayy 
John Hooker, John Ingerfoll, Elijah Bates, William King, Samuel 
Fcwler, and all fuch perfons as Ihall be affociated with them and 
their fucccffors, be, and they hereby are conftituted a Corpo- 
ration by the name of The Eighth Maffachufetts Turnpike Corpo- 
ration, and fnall by that name fue and be fued, and fliall have a 
common fcnl, and enjoy all the privileges and powers which are 
by law incident to Corporations, for the purpofe of laying out 
and making a turnpike road ; to begin at the line between the 
towns of Wejlfield and Ruffcll, in the road near Weflfield River, 
on the fouth fide thereof; thence to run by faid river, tln-ough 
parts of the towns of Rnffell and Bland ford, to Falley^?. ftore ; 
thence by the weft branch, fo called, of the lame river, through 
parts of the towns of Blandford and Chejter, to the houfe of 
Elias Leonard ; thence by the road commonly called govern- 
ment 



EIGHTH MASS. TURNPIKE. Feb. 24, An. 1 800. 355 

ment road, into Bccket ,- the turnpike to vary from fdid govern- 
ment road, fo as to connect with that from Blaiidford to Piits- 
Jicldi either above or below tlie meeting-houfe in faid Beckety as, 
upon admeafurcirient and actual experiment, Ihall be found 
neai-efl and befl calculated for a durable road j thence by the 
ufual road from Becket meeting-houie to Pittsfidd line, with 
fuch variation only therefrom as the nature of the ground, and 
the avoidance of hills dimcult and dangerous of paflage fliall 
require, and makinp- the fame in fuch place or places as the faid 
Corporation Ihall choole, and for keeping the fame in repair v 
which road fliall not be lefs than four rods wide, and the p?tii 
to be travelled in not Icfs than eighteen feet wide in any place : 
And that when the faid turnpike road fhall be fufHciently made, 
and approved of by a Committee appointed by the Court of 
General Seflions of the Peace for the refpeiSlive counties of 
Hamppire and Berkfjircy for that purpofe, then the faid Corpo- 
ration fhall be authorized to erecl three turnpike gates on the 
fame, in fuch manner as the faid Committee lliall judge 
neceffary and convenient for corie(rting the toll, and fhall be 
entitled to receive of each traveller or paiTenger, at each of the 
laid gates, the following rate of toll, viz. For every coach, pha- 
eton, chariot or other four wheel carriage, drawn by two horfes, 
tiveniy-Jive centSy and if drawn by more than two horfes, an addi- "^^^^ 
tional lima of four cents for each horfe ; for every cart or waggon 
drawn by two oxen or horfes, ten cents^ and if drawn by more 
than two oxen or horfes, an additional lum of three cents for 
each ox or horfe -, for every curricle, twelve cents and Jive nnlles ; 
for every chaife, chair or other carriage, drawn by one horfe, 
twelve cents and Jive mi lies ; for every man and hoxky Jive cents ; 
for eva-y fled or ileigh, drawn by two oxen or horfes,y^^'^« centSy 
if drawn by more than two oxen or horfes, an additional lum 
of two cents for each ox or horfe j for every fled or fleigh, 
drawn by one horfe, Jive cents ; for all horfes, mules, oxen or 
neat cattle, led or driven, befides thofe in teams and carriages, 
one cent each ; for all fiieep or fwine, at the rate of three cents 
per dozen : Provided, That the laid Corporation may, if they Provifo. 
fee fit, commute the rate of toll with any perfon, or with the 
inhabitants of any town thi'ough which the faid road pafles, by 
taking of him or them a certain fum annually, to be mutually 
agreed on, in lieu of the toll aforeiaid.. 

Sect. 2.. ^nd be it further enacled. That the faid Corpora- 
tion may purchafe and hold land, over which they may make 
faid road ; and the Juflices of the Court of General Seffions of 
the Peace, in the county where the laid road is, are hereby 
authorized, on application of faid Corporation, to lay out laid Court of fc'cf. 
road, or any part thereof within their refpeiSlive jurifdiclions, as ^^^^^ ^° layout 
with the conlent of faid Corporation they Iliall think proper : 

And 



2s6 EIGHTH MASS. TURNPIKE. Feb. 24, An.iSoo. 

Perfons whofe ^^'^^ *^^® ^'^^^^ Corporation fhall be liable to pay all damages that; 

lands are tak- fhall arife to any perfon by taking his land for fuch road, when 

en to hs com- the fame cannot be obtained by voluntary agreement, to be 

penlated. eftimated by a Committee appointed by the Court of General 

Sefllons of the Peace, in the county where fuch damage ihall 

^rife, faving to either party the right of trial by Jury, according 

to the law which makes provilion for the recovery of damages 

arifing from the laying out of highways. 

Sect. 3. yl//d he It further enacled. That if the l;iid Corpora* 

tion, their toll-gatherers, cr others in their employ, ihall un- 

reafonably delay or hinder any traveller or palTenger at faid 

gates, or lliall demand or receive more toll than is by this Adc 

Penalty for de- eftabliflicd, the Corporation ihall forfeit and pay a fum not 

laying paffen- exceeding ten dollars nor lefs than one dollar^ to be recovered 

g<ir* before any Juftice of the Peace of the county where the offence 

ihall be committed^ by any perfon injured, delayed or defrauded, 

in a fpecial ac^lion of the cafe 5 the writ in which fhall be ferved 

on laid Corporation by leaving a copy of the fame with the 

Treafurer, or any individual member, at leall feven days 

before the day of trial : And the Treafurer of faid Corporation, 

or any individual member, iliall be allowed to defend the fame 

fuit in behalf of the faid Corporation : And the faid Corpora- 

b badnefr of ^^°*^ ^^'^^^ ^^ liable to pay all damages that fhall happen to any 

road. perfon from whom the toll is demandable, from defedl: of 

bridges or want of repairs in faid way, and fhall alfo be liable 

to prefentment by the Grand Jury for not keeping the fame 

way in repair. 

Sect. 4. And be it further enaEted^ That if any perfon flaall 
cut, break down, or otherwife deftroy any of faid turnpike 
gates, or ihall dig up or carry away any earth from faid road, 
or in any manner damage the fame, or fl^all forcibly pafs or 
attempt to pafs by force the faid gate, without having firfl